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SB 382 · 2023-2024 · Introduced in Senate

Signed into law (veto overridden)

Disaster Relief-3/Budget/Various Law Changes.

Misleading 3/5Veto OverriddenStowaway

Hurricane Helene killed more than 100 people in Western North Carolina and caused nearly $60 billion in damage. The state needed a disaster relief bill. So the legislature passed one... with a few extras.

SB 382 allocates $252 million for hurricane recovery. That part is real. But the 132-page bill also strips the governor's power to fill vacant appellate court seats, eliminates two Superior Court judges who previously ruled against the legislature, creates two new court seats that lawmakers (not voters) fill, abolishes the state's Energy Policy Council, restructures the NC Utilities Commission to guarantee a Republican majority, moves election board appointments from the governor to the state auditor, and shortens ballot-counting deadlines. Governor Cooper called it "massive power grabs." Both Cooper and incoming Governor Stein filed lawsuits.

It passed during a lame-duck session in December 2024... after the election but before new members took office. Three Western NC Republicans who initially voted against the bill flipped their votes for the override. A state political analyst called it "probably the most consequential bill I can remember" and "a perfectly legal power grab."

The title says "Disaster Relief." The disaster relief money was set aside in a reserve fund that couldn't be spent until the legislature appropriated it later. Meanwhile, the power restructuring took effect immediately. The NC Budget & Tax Center noted the bill was "brazenly passed to constrain the powers of independently elected agencies" rather than help hurricane survivors.


Status

Signed into law (veto overridden)

Governor action:Veto Overridden


Stowaway Provisions

This disaster relief and budget bill contains major structural changes to North Carolina government, including transferring the State Board of Elections to the State Auditor, creating the State Highway Patrol as an independent department, and significantly restricting the Attorney General's powers.

The bill's stated purpose: Hurricane Helene disaster relief appropriations, technical budget corrections, and various routine law changes

What was hidden inside: Transfer of State Board of Elections from Secretary of State to State Auditor (Sections 3A.1-3A.3); Creation of State Highway Patrol as independent cabinet-level department (Sections 3E.1-3E.3); Major restrictions on Attorney General's powers including prohibition from participating in out-of-state litigation that would invalidate NC statutes and limits on intervening in utility proceedings (Sections 3D.1-3D.2); Changes to Utilities Commission appointments giving State Treasurer appointment authority (Section 3F.1); Restrictions on local government down-zoning without property owner consent (Section 3K.1)

Sources

ncleg.gov bill pageWECT SB 382 now law: House overrides Gov. Cooper's veto of controversial billNC Newsline NC Republicans pass law shifting government power, overriding Cooper's vetoGovernor Cooper Governor Cooper Vetoes One Bill (veto message)The Assembly Comprehensive breakdown of all provisionsNC Budget & Tax Center Brazenly passed, disaster money locked in reserveABC11 131 pages, elections changes, Cooper massive power grabsWLOS Most consequential bill, WNC Republican flips

The Vote

12/11/2024 4:50 PM · Disaster Relief-3/Budget/Various Law Changes. Veto Override · House

House Vote · Passed 7246

72 to override
R Yea (72)D Yea (0)D Nay (46)

✓ Override succeeded: 72 votes (needed 72)

Supermajority Overrode

Party Breakdown

R
72/72 (100%)
D
0/48 (0%)

12/2/2024 12:42 PM · Disaster Relief-3/Budget/Various Law Changes. Motion 11 Veto Override · Senate

Senate Vote · Passed 3019

30 to override
R Yea (30)D Yea (0)D Nay (19)

✓ Override succeeded: 30 votes (needed 30)

Supermajority Overrode

Party Breakdown

R
30/30 (100%)
D
0/20 (0%)