General Assembly Passes Bill to Ensure Governor Cooper Submits Shutdown Orders for Bipartisan Council of State Review

Raleigh, N.C. – Legislation requiring Governor Roy Cooper to obtain Council of State approval before imposing additional restrictions and prohibitions on North Carolinians passed the General Assembly last week.

Senate Bill 105: Clarify Emergency Powers strengthens the Emergency Management Act requiring approval from a majority of the Council of State for emergency actions taken by Governor Cooper.
Through his executive orders, Governor Cooper unilaterally crippled our economy by shutting down businesses without following statutory mandates to consult with the Council of State.
In a blatant contradiction, Governor Cooper had previously asked for Council of State approval for his first shut down order in March, but then switched legal theories when some Council of State members raised questions.
Representative Destin Hall (R-Caldwell) released a statement:
“The absolute power Governor Cooper is using is not compatible with representative democracy,” said Rep. Hall.
“North Carolinians deserve confidence that the unprecedented restrictions placed on their families and businesses are the result of bipartisan consensus, not the absolute power of one man.”
North Carolina House Speaker Tim Moore (R-Cleveland) also released a statement:
“Governor Cooper continues to enact scattershot executive orders without any regard for checks and balances. If Governor Cooper vetoes this bill, it is clear he prioritizes his own power over developing bipartisan solutions to help the people of North Carolina,” said Speaker Moore.
The North Carolina Council of State consists of 10 executive offices established by the state constitution – the Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance.