How much power Indiana’s governor can indefinitely maintain during a lengthy, statewide emergency such as the COVID-19 pandemic was the most discussed topic at Third House.
Sponsored by the Columbus Area Chamber of Commerce, about 55 people participated in the video conference Monday that allows those in the Columbus area to hear directly from lawmakers about pending legislation in the Indiana General Assembly. As in the previous two sessions, State Rep. Ryan Lauer, R-Columbus, and Sen. Greg Walker, R-Columbus, participated.
After hearing several complaints about Indiana Gov. Eric Holcomb’s COVID-19 restrictions, some members of the House and Senate have taken different approaches seeking to limit the governor’s executive powers during emergencies.
Proposals are Senate Bill 407, authored by three senators — Susan Glick, R-LaGrange, Mark Messmer, R-Jasper and Erin Houchin, R-Salem – and House Bill 1123, authored by State Rep. Matt Lehman, R-Berne. Lauer is listed as one of more than 50 co-authors of the House version.
HB 1123 passed 69-27 in the House, while SB 407 passed 38-8 in the Senate.
“The main focus of (HB 1123) is to allow the legislative branches to convene under a statewide emergency, and allow the legislative body to be involved,” Lauer said. “That’s something we were unable to do during most of the pandemic. We are looking at the future, and whether the representatives of the people should be involved when you have an ongoing long term emergency. The answer, I believe, is yes.”
The difference between the two proposals is that the House version has the ability to call itself into order. However, the Senate version never requires the governor to call a special session, and state lawmakers can’t call themselves into session, Walker said.
But the Senate version does creates an advisory council on Day One of the emergency, and allows the governor’s emergency declaration to continue for a maximum of 30 days – and one additional 15 day extension, Walker said.
If the governor wants to extend the emergency declaration any further, he will need to call state lawmakers into special session, Walker said.
SB 407 was sent to the Senate Rules committee, where it was the subject of a four-hour hearing that included the testimony of legal scholars about the bill’s constitutionality.
But the provision will hold up because it’s up to the governor on whether to lift the emergency declaration or call in lawmakers after the first 15 day extension, Walker said.
“In my book, that is constitutional,” the senator said.
Some legislators have requested a line-item veto on emergency executive powers, but the Senate is hesitant to go that far, Walker said. That’s because emergency decisions have to be made quickly by the governor, and the General Assembly is — in Walker’s words — “messy, contrived and slow.”
“As legislators, we don’t respond to emergencies well,” Walker said.
Lauer said if he had to make a prediction, he believes there will be a relaxation of some COVID restrictions around April 1.
“In my opinion, it’s time to end the most contentious of the mandates,” said Lauer, who added one of them restricts Hoosiers from their right to worship in person.
In other business, the Senate has also passed legislation that would prevent the governor or the Indiana Election Commission from changing the time, date or manner of an election. Instead, that power would rest with the General Assembly.
The two state lawmakers were also asked about the American Rescue Plan Act signed recently by President Joe Biden that is expected to provide Indiana with an additional $3 billion in funding.
Although Lauer and Walker say there’s no shortage of ideas for extra cash, both feel that increasing Medicaid would be a good use for the funds. Spending money on rural broadband internet was also suggested.
Finally, it was announced that leaders in the General Assembly are hoping to end this year’s session on April 22 – one week earlier than expected. However, the lawmakers will have to come back this fall for a special session to address potential redistricting, based on census data.
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To check on the status of pending legislation in Indiana, go to iga.in.gov. In the upper right hand corner, first click on “Bills,” follow by either “House” or “Senate.”
In the area marked “Search for Bills,” type in the Senate or House bill you wish to find. If you don’t know the bill number, try searching for the lawmaker who is sponsoring the proposal. When you find their name, a list of the bills they are working on will appear with the bill number.
Once you find the bill, you can also check for amendments, latest versions, bill actions, current support and committee reports.
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