The North Carolina Legislative Building in Raleigh. (Photo: Clayton Henkel/NC Newsline)
Republicans in North Carolina’s legislature recently passed a 131-page bill that makes myriad changes to how state government is structured and functions.
Senate Bill 382 was branded as a third round of relief to western North Carolina following Hurricane Helene. And although it does provide some additional regulatory changes and money, the vast majority of the bill is dedicated to those changes in government.
Lawmakers made the bill public just an hour before it was debated last week in the House. It was approved by the Senate a day later.
Republican proponents of the legislation have defended it as providing needed fixes to a range of issues. Democratic opponents, meanwhile, have said it amounts to a last-minute power grab — redirecting power away from Democrats newly elected to office.
The bill currently sits on Gov. Roy Cooper’s desk. Cooper, a Democrat, has not publicly said whether he will veto it, but has blasted Republican lawmakers for prioritizing the bill over more comprehensive Helene aid.
It will face questionable prospects for a veto override in the House, where three Republicans voted against it.
NC Newsline has read the bill in its entirety, attempting to compile all of the major changes it would make to government. Here’s the list.
Elections
- The State Board of Elections is transferred to be under the authority of the State Auditor (soon to be controlled by a Republican, Dave Boliek). The auditor can make appointments to the five-person board, rather than the governor.
- Transfers the power to appoint chairs of county election boards from the governor to the auditor.
- Shortens the amount of time a voter has after Election Day to correct their absentee ballot, from more than a week to two and a half days.
- Creates a deadline of two and a half days after Election Day for voters who forget their ID to go to their county election office and present the ID for their vote to count.
- Shortens the amount of time a voter has after Election Day to present an ID and verify a provisional ballot, from more than a week to two and a half days.
- Requires county election offices to count absentee ballots on election night. Members cannot leave the place where ballots are counted “except for unavoidable necessity.”
- Provisional ballots must be counted by county election officials within three business days after the election.
- Shortens the amount of time for documentation of cured ballots to be received, from more than a week to two and a half days.
- Moves the deadline up one week for voters to request a simultaneous absentee application and absentee ballot, from the Tuesday before Election Day to the second Tuesday before Election Day.
Judiciary
- Removes two existing superior court judges at the end of their terms in 2029, and replaces them with two new judges who can be appointed by legislative leaders. (The judges being removed — Bryan Collins in Wake County and Todd Burke in Forsyth County — have ruled against legislative pushes in recent years.)
- Requires nominees for a vacancy on the Supreme Court or Court of Appeals to be the same political party that the vacated judge was affiliated with. A Democratic vacancy would be replaced with a Democrat, and a Republican vacancy would be replaced with a Republican, regardless of who controls the governor’s mansion.
- Allows the director of the judicial branch to hire a staff attorney or private counsel for legal services.
Attorney general’s office
- Bars the AG’s office from participating in any legal argument that would result in a state law passed by the General Assembly being invalid.
- Prevents the AG from taking a stance opposite of legislative leaders when they are involved in a lawsuit.
- Exempts several state agencies from requiring the AG’s permission before obtaining private counsel.
- Eliminates requirement that the state provide any records necessary for a legal appeal to the AG’s office without charge.
- Eliminates requirement that the AG’s office sign off on any settlement or compromise involving an employee of the judicial branch.
Executive appointments
- Shortens the time the governor’s office has to make an appointment to fill a vacancy in the legislature, from 30 to 15 days. And removes the ability for the governor to reject the recommended appointee.
- Creates additional requirements for a governor’s appointee to serve consecutive terms.
Highway Patrol
- The highway patrol is made an independent department, removing it from the jurisdiction of the Department of Public Safety.
- It will be led by the commander, appointed by the governor and approved by the General Assembly.
- Grants the highway patrol the power to seize vehicles during investigations or retain those forfeited during investigations, a power previously held by the Division of Motor Vehicles.
Utilities and energy
- Reduces the number of appointments the governor can make to the Utilities Commission from three to two; allows the state treasurer (soon to be Brad Briner, a Republican) to appoint one member.
- Removes the governor’s power to designate the chairperson of the Utilities Commission, instead allowing its members to elect one.
- Empowers the commission to develop emergency plans to “deal with possible shortages of energy.” Major electric, natural gas and oil companies operating in the state will also have to submit information about potential shortages.
- The commission will make recommendations to the governor about action required to avoid future energy shortages.
- Abolishes the Energy Policy Council, which advises the governor and legislature on policy issues related to domestic energy, environmental impact and economic development. Its duties are taken over by the Utilities Commission.
Lieutenant governor’s office
- Removes the lieutenant governor (soon to be Rachel Hunt, a Democrat) from the legislative committee on energy crisis management. Previously they served as chair and could break a tie vote.
State superintendent of public instruction’s office
- Removes the ability for the state superintendent (soon to be Mo Green, a Democrat) to appeal a final decision of the state’s charter schools review board regarding grants, renewals or revocations.
- Removes the superintendent’s authority over school resource officer grants, instead moving it to the executive director of the Center for Safer Schools.
Hurricane Helene
- Transfers $225 million from the state’s savings reserve to its Helene Fund, but the money will remain unspent “until appropriated” by the legislature.
- Allocates $25 million for debris removal.
- Allocates $2 million for support to soil and water conservation districts in affected counties.
- Allows water suppliers to temporarily operate non-community water systems in disaster-impacted counties without a permit for up to 59 days. They must comply with state treatment and quality standards.
Education
- Allocates $7.8 million to western NC universities to offset losses from enrollment dips.
- Allocates $5 million for rehabilitating or replacing Poe Hall at NC State, where PCBs have been found in excess of EPA standards.
- Allows schools who receive money for an AI pilot program to use it on cameras, video management systems and alert protocols that utilize facial recognition and more.
- Requires the Department of Public Instruction to report on the results of the AI pilot program to the legislature by June 2025.
- Expands the eligibility for the SparkNC pilot program to all public schools.
- Creates a program under the State Board of Education to develop “advanced teaching roles” and to link “performance and professional growth” to salary increases in select districts.
- Transfers the Center for Safer Schools from the Department of Public Instruction to the State Bureau of Investigation.
- Changes the requirements of the members on the State Board of Proprietary Schools appointed by the General Assembly. One member will be the owner or director of a school with less than 100 students, and one with more than 100. Previously, the two members could have annual enrollments between 100 and 750.
- The chancellor of UNC-Asheville can use any remaining money from tuition grants at their discretion to help the university.
- Allows teaching hospitals affiliated with but not part of UNC universities to establish their own police forces.
Department of Health and Human Services
- The department can temporarily waive rules for prisons under a state of emergency or situation that poses a risk to the health or safety of prisoners or staff.
Public safety
- Changes how long a person must go without violating a local ordinance in order to be found not guilty during a trial(from 30 days to a year). Also requires documented proof of “good-faith efforts” to seek public assistance.
Housing
- Delays the 2024 state building code effective date for another six months, until July 1, 2025.
- Changes the qualifications for the member of the Building Code Council appointed by the Speaker of the House, no longer requiring them to be a licensed attorney or specializing in construction law.
Miscellaneous
- Makes the schools for the blind and deaf separate state agencies, governed by their own boards of trustees.
- Changes how a political party’s headquarters building fund be used, including to pay staff, repay donors, or fund legal actions.
- Designates all parking spots at the deck under Halifax Street Mall for the legislature.
- Makes changes to requirements for state employees multiple employer welfare arrangements.
- Restricts the authority of local governments to rezone property in certain ways without the approval of the landowner.