North Carolina Gov. Roy Cooper vetoes Helene relief bill that shifts power from governor, attorney general
Published in News & Features
RALEIGH, N.C. — North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene relief bill that also included sweeping changes to the power and authority structures for several state leaders and agencies.
Senate Bill 382, which lawmakers passed last week, was originally expected to primarily address ongoing disaster relief efforts for the impacts of the devastating storm that hit Western North Carolina in September. But when lawmakers unveiled the bill just hours before the first vote on it, it included far more than relief measures.
Among several other changes, the Republican-drafted bill would strip the state’s next governor, Democrat Josh Stein, of the power to appoint members of the State Board of Elections and instead give the authority to the next auditor, Republican Dave Boliek. It would prevent the state’s next attorney general, Democrat Jeff Jackson, from taking positions on behalf of the state that are “contrary to or inconsistent with the position of the General Assembly,” which has Republican majorities in both chambers. The lieutenant governor and state superintendent would also lose some authority.
The bill would set aside $227 million for the state’s Helene relief fund, but it does not appear to spend all of that money. It would provide $25 million to the Department of Agriculture and Consumer Services for debris removal, $2 million for technical assistance to soil and water conservation districts in affected areas and $200 million split between two separate loan programs.
Cooper, a Democrat, called the bill “a sham” and said “it does not send money to Western North Carolina but merely shuffles money from one fund to another in Raleigh.”
Three Republicans in the state House, all representing western parts of the state, voted against the bill. No Senate Republicans followed suit.
Cooper’s veto of SB 382 marks his 12th this year, and lawmakers so far have overridden all 11 previous vetoes.
Rep. Destin Hall, whom House Republicans elected last week to succeed Tim Moore as speaker of the House in the next legislative session, said last week that he was confident that his chamber would have enough votes to override Cooper’s veto of the bill, which requires a three-fifths majority.
Lawmakers are expected to return to Raleigh on Monday.
Non-Helene measures in bill
The bill would also:
•Significantly reduce the amount of time voters are given to fix issues with their provisional ballots and require counties to finish counting all provisional ballots on the third day after Election Day, a process that took nearly two weeks this year.
•Make the the State Highway Patrol into a standalone department, rather than a subset of the N.C. Department of Public Safety, and require the governor’s choice for Highway Patrol commander to be approved by lawmakers.
•Eliminate the positions of two Superior Court judges after their terms expire, including a Democrat who threw out two amendments to the North Carolina Constitution that voters approved in 2018 — one on voter ID and another to cap the state income tax rate.
•Require the governor to fill any vacancies on the state Supreme Court and Court of Appeals from a list of people recommended by the leaving judge’s political party.
•Allow donations from corporations, business entities and labor unions to be used to fund legal actions for political parties.
•Shift control of the state Utilities Commission away from the governor.
•Require an extra step before the attorney general’s office can intervene in matters before the Utilities Commission, such as cases over how much Duke Energy’s utilities can charge for electricity.
•Prevent incoming State Superintendent of Public Instruction Mo Green, a Democrat, from appealing decisions made by the N.C. Charter School Review Board.
Cooper criticized those measures and others in the bill on Tuesday, saying the legislation “plays politics.”
“This legislation was titled disaster relief but instead violates the constitution by taking appointments away from the next Governor for the Board of Elections, Utilities Commission and Commander of the NC Highway Patrol, letting political parties choose appellate judges and interfering with the Attorney General’s ability to advocate for lower electric bills for consumers,” he said in a statement.
Cooper also noted that the bill did not provide grants for small businesses in the disaster-affected counties, calling the move a “cruel blow.” Local business owners and officials from Western North Carolina had advocated for state legislators to fund grants over loans, with Buncombe County Democratic Rep. Eric Ager noting in a press conference last week that it could be difficult for businesses to pay back loans.
Ager and other Democratic legislators from the western part of the state criticized the bill for its relative lack of Helene-related funding combined with the additional measures it included.
Democratic Rep. Julie Mayfield, also of Buncombe County, questioned why the Helene measures weren’t included in their own bill, separate from the other provisions. Hall told reporters the measures were combined into a single bill because the state had already provided “about a billion dollars in Helene relief.”
Lawmakers previously appropriated about $877 million for Helene recovery in two separate relief bills.
Republican Sen. Ralph Hise, who represents several counties in Western North Carolina, said during floor debate over SB 382 last week that considering additional funding measures in December would depend on congressional actions.
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Reporters Luciana Perez Uribe Guinassi, Adam Wagner, Kyle Ingram, Avi Bajpai and Dawn Baumgartner Vaughan contributed.
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