Power Grab or Progress? NCGA Overrules Governor to Pass Hurricane Relief Bill with Hidden Agenda

On December 11, 2024, the North Carolina House of Representatives voted 72-46 along party lines to override Governor Roy Cooper’s veto of Senate Bill 382 (SB 382), following the Senate’s earlier override on December 2. This legislative action enacts SB 382 into law, allocating $252 million for Hurricane Helene recovery efforts and implementing significant changes to the distribution of executive powers within the state government.

Hurricane Helene Recovery Funding

SB 382 designates $227 million to the Hurricane Helene fund for future allocations and appropriates $25 million to the Department of Agriculture for debris removal and technical assistance. This funding supplements previous relief measures, bringing the total aid for Hurricane Helene recovery to approximately $1.1 billion. However, the majority of the newly allocated funds require further legislative action before disbursement, prompting criticism that immediate relief is insufficient.

Shifts in Executive Authority

Beyond disaster relief, SB 382 enacts substantial changes to executive powers:

• State Board of Elections Appointments: The authority to appoint members to the State Board of Elections transfers from the governor to the state auditor, a position soon to be held by Republican Dave Boliek. This shift alters the partisan balance of the board, potentially impacting election oversight.

• Judicial Appointments: The governor’s power to fill vacancies in the Supreme Court and Court of Appeals is now restricted. The governor must select appointees from lists provided by the political party of the vacating judge, limiting executive discretion in judicial appointments.

• Attorney General’s Authority: The bill restricts the attorney general’s ability to challenge laws enacted by the legislature, mandating defense of such laws regardless of legal concerns.

Political Reactions

Governor Cooper condemned SB 382 as a “sham” that inadequately addresses disaster relief while executing a “massive power grab.” He criticized the legislature for combining critical recovery funding with measures that diminish executive authority.

Republican legislators defended the bill, asserting that it provides necessary funds for Hurricane Helene recovery and implements essential governmental reforms. They emphasized the importance of maximizing federal funding before utilizing state reserves and highlighted the legislature’s ongoing commitment to disaster relief.

Implications

The enactment of SB 382 signifies a pivotal shift in North Carolina’s political landscape, redistributing power from the executive branch to other state offices and the legislature. This development may lead to legal challenges and further political contention, reflecting the state’s deeply polarized environment.

As the state proceeds with Hurricane Helene recovery, the effectiveness of the allocated funds and the impact of the new power dynamics on governance and public trust will be closely monitored.

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