by Donna Martinez
Former Senior Writer and Editor, John Locke Foundation
North Carolina General Assembly
Senator Bill Rabon
FOR IMMEDIATE RELEASE
Contacts: [email protected]
April 27, 2021
Senate Passes Bill to Rein in Governor’s Emergency Powers
Measure would require Council of State concurrence with emergency declaration within 10 days and legislative approval within 45 days
Raleigh, N.C. – The North Carolina Senate today passed legislation sponsored by Sens. Bill Rabon (R-Brunswick), Jim Burgin (R-Harnett), and Carl Ford (R-Rowan) to rein in Gov. Roy Cooper’s emergency powers. The bill passed by a margin of 28-21.
The measure, Senate Bill 346, would require the Council of State to approve a governor’s emergency declaration within 10 days. If the Council of State does not approve, then the emergency declaration expires.
The Council of State is a group of 10 statewide elected officers, including the Lt. Governor, Auditor, and Attorney General.
If the Council of State approves an emergency declaration, it may continue for up to 45 days without legislative authorization. For an emergency declaration to extend beyond 45 days, majorities in the Senate and House of Representatives must approve.
If the legislature does not vote to extend the declaration, then it expires after 45 days.
Sen. Rabon said, “North Carolina is one of only 15 states with no time limit on an emergency declaration. No single person should have unchecked authority to wield emergency powers for an indefinite period of time. It’s inconsistent with the basic idea of a representative democracy.”