Senate passes two bills that would increase spectator capacity at high school sporting events to 40%

A proposed bill that would allow high schools to open their outdoor sports venues to 40% capacity has cleared the North Carolina Senate with bipartisan support.

The Senate voted 34-15 on Monday night in favor of passing Senate Bill 116, called "Let Them Play and Let Us Watch." The bill will now go to the State House for a vote. The State House could pass the bill as is, or it could make changes in which case it would have to go back to the Senate for another vote.

If the State House passes the bill, it will go to Governor Roy Cooper where he will have to decide to sign the bill into law or veto the bill.

Senate Bill 116 would allow schools the option of opening athletic facilities for up to 40% capacity, but it would not require them to do so. It was sponsored by a group of Republican senators — Sen. Todd Johnson (R-Union), Sen. Vickie Sawyer (R-Iredell), and Sen. Danny Earl Britt, Jr. (R-Robeson).

All Senate Republicans and six Democrats voted in favor of the bill on Monday.

Last week, Cooper announced a new executive order that allowed high school sporting events to open at 30% capacity beginning last Friday at 5 p.m. Some school districts have already begun allowing more spectators to attend games, but others are still working on guidance.

• WCPSS announces plans to allow more spectators at high school sporting events
• Will you be able to get into a high school game this weekend? It's complicated

In a press conference hours before Cooper announced the new executive order, Johnson said he would continue to pursue his legislation until 40% capacity was permitted.

Sen. Wiley Nickel (D-Wake) said he voted against the bill because he believes the current executive order is sufficient.

“This bill calls for an increase in capacity for outdoor school sporting facilities to 40 percent. Governor Cooper’s Executive Order already allows those facilities to operate at 30 percent capacity," Nickel said. “I voted to support the public health experts at DHHS and Governor Cooper’s data and science backed approach to fighting the COVID-19 pandemic.“

The State House is also considering HB 128, which would require schools to admit at least 25% capacity at sporting events, but would allow schools the option of admitting up to 50%. The House bill would impact indoor and outdoor sports.

Bill that would impact spectators in 14 counties also passes

The Senate also voted on and passed Senate Bill 115 on Monday night, which would increase the spectator capacity at high school sporting events to 40% in 14 specific counties.

The bill, which is called a local bill, passed by a vote of 35-11. If it passes the house, it will become law. Local bills are not subject to the governor's veto power.

Sen. Natasha Marcus (D-Mecklenburg) questioned whether the bill was constitutional though. Local bills can only impact fewer than 15 counties, but can't relate to "health, sanitation and the abatement of nuisances" under the N.C. constitution. Marcus said the bill deals with health.

Johnson, who sponsored both bills, said a judge could determine whether or not it was constitutional, adding that the Senate should "not adjudicate from this chamber."

If passed, Senate Bill 115 would impact Alamance, Anson, Haywood, Iredell, Moore, Onslow, Randolph, Richmond, Rockingham, Scotland, Stokes, Surry, Union, and Yadkin counties.

WRAL State House Reporter Travis Fain contributed to this report.