INDIANAPOLIS — In an indication of continued divisions in the Indiana Republican Party over Gov. Eric Holcomb’s response to COVID-19 over the past year, Republican members of the general assembly are considering legislation that would limit a governor’s power in emergency situations.

One bill, House Bill 1123, would limit the duration of a governor’s executive order declaring a state of emergency to 30 days. The order could be renewed for an additional 30 days as long as a special session of the state legislature was called.

The bill has mostly been supported by members of the governor’s own party and opposed by Democrats. Local representatives in the legislature say they were in favor of the intention behind the bill.

Gov. Eric Holcomb issued numerous executive orders during the early months of the pandemic, some of which are still in effect. Republicans have moved to curb the governor's authority to use executive orders during disasters such as COVID-19. File photo

Rep. Bob Cherry, R-Greenfield, added his name to the bill as a co-author, while Reps. Chris Jeter, R-Fishers, and Sean Eberhart, R-Shelbyville, also voted in favor. The bill passed the House earlier this month by a vote of 69-27.

Cherry said the bill will give the legislature more ability to make its voice heard in extraordinary circumstances.

“Hopefully, we’ll never have another COVID-19, but there was a lot of people who thought we should go back in session, and there was no way for us to get back in session,” he said.

Jeter said in a statement that he thought the legislation would have a positive impact.

“While I would have liked to see us go further, this legislation helps give Hoosiers a stronger voice during prolonged statewide emergencies. It’s important for the legislature to play a role in these decisions, which can significantly impact Hoosiers’ daily lives, whether you’re a business owner or a young student,” Jeter said.

The bill states that if the governor didn’t initiate a special session of the legislature during the initial 30 days, an emergency declaration would expire. If the governor did call one, the legislature could meet to take action only on bills related to the emergency declaration.

Holcomb, whose most recent executive order extended the state of emergency that began last March to March 1 of this year, has said he does not want to give up the governor’s ability to act quickly in times of crisis.

Eberhart said he couldn’t count the number of comments he received from constituents concerned about why the decision-making process on COVID-19 had been driven by executive orders.

“If we’re not in session, we can’t participate, we can’t add to the discussion,” he said of lawmakers.

Another provision of HB 1123 states that local health departments would be able to enact emergency restrictions that are less severe than those ordered on a state level. If a health department wants to enact more restrictive rules, they must be approved by an elected executive like a mayor or county commissioners. Throughout the COVID-19 pandemic, county and local governments have been able to make rules that are more restrictive than state rules, but not less restrictive.

The bill also contains a specific provision that an emergency declaration could not restrict in-person religious gatherings, in an addition aimed at restrictions enacted in 2020 that limited the size of church services due to COVID-19.

Cherry said a committee of legislators that worked on the bill over the summer wanted to make sure to protect the right to worship, including in person.

“It just affirms that even in times of crisis, Hoosiers’ First Amendment rights should not be infringed,” Cherry said.

On Feb. 5, the Supreme Court ruled 5-4 that states cannot ban in-person religious services during an event like the COVID-19 pandemic, but they can limit attendance to 25% of capacity. The ruling overturned a 2020 verdict the court made on the same issue, with new justice Amy Coney Barrett casting the deciding vote.

Eberhart said it was important to him that religious services be given as much liberty as possible.

“That part (of Holcomb’s COVID-19 response) was very troubling for me… We need to allow folks to make decisions based on what risks they are willing to take,” he said.

HB 1123 now moves on to the Senate, where it was referred to the Committee on Rules and Legislative Procedure on Tuesday, Feb. 23.

Sen. Mike Crider, R-Greenfield, said he would support the legislation if it comes up for a vote in the Senate. He said that it makes sense for the governor to consult the state legislature after 30 days on the matter of whether a state of emergency should continue.

“I think ultimately, it’s about a balance of power type of situation,” Crider said.

Crider added that the Senate is considering several other bills that would affect the government response to public health emergencies. One, Senate Bill 407, would create a committee of legislators to make recommendations to the governor in a state of emergency and to inform the general assembly on the situation. It would also limit the duration of a state of emergency if the legislature is not convened. The bill passed by a large margin this week and will be considered by the House.

Whatever the legislative response to Holcomb’s executive orders ends up looking like, Crider said he thinks the state should try to avoid local governments enforcing a “hodgepodge” of rules that are different from one county to the next.
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