summary
Introduced
01/11/2023
01/11/2023
In Committee
01/11/2023
01/11/2023
Crossed Over
Passed
Dead
04/28/2023
04/28/2023
Introduced Session
2023 Regular Session
Bill Summary
Emergency powers. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest. Provides that if the governor declares a state of disaster emergency, the state of disaster emergency expires not later than 30 days after the declaration and may not be renewed. Provides that the governor may suspend certain regulatory statutes only to the extent necessary to carry out certain emergency responses. Provides that the governor may not suspend any provision of any regulatory statute if that suspension infringes upon any right or protection guaranteed or provided in the Constitution of the United States or the Constitution of the State of Indiana. Provides that nothing may be construed to authorize the executive board of the Indiana department of health to suspend any law, ordinance, or regulation enacted by the general assembly or other legislative body as part of a rule adopted by the executive board. Provides that the Indiana department of health may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease if the Indiana department of health is authorized to do so in a declared disaster emergency. Provides that the Indiana department of health may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics if the Indiana department of health is specifically authorized to do so in an emergency declaration. Provides that certain actions authorized by the commissioner of the Indiana department of health, local health boards, or local health officers may not be construed to authorize the commissioner, board, or official to suspend any law or regulation enacted by the general assembly or other legislative body unless otherwise specifically authorized by a declared disaster emergency. Repeals provisions relating to the governor's authority to establish an energy emergency.
AI Summary
This bill aims to limit the governor's emergency powers and the state and local health departments' authority during a declared disaster emergency. The key provisions of the bill are:
1. The governor's orders, rules, and regulations must be narrowly tailored to serve a compelling public health or safety interest.
2. A declared state of disaster emergency expires after 30 days and cannot be renewed by the governor.
3. The governor can only suspend regulatory statutes to the extent necessary to carry out certain emergency responses, and cannot suspend any statute that infringes on constitutional rights.
4. The Indiana Department of Health and local health boards and officers cannot suspend any law or regulation enacted by the legislative body, unless specifically authorized by a declared disaster emergency.
5. The bill repeals the governor's authority to establish an energy emergency, which had granted the governor additional powers during such emergencies.
Overall, the bill seeks to limit the executive branch's ability to exercise broad emergency powers and restrict the health departments' authority, requiring more specific authorization from the legislative branch during declared disaster emergencies.
Committee Categories
Health and Social Services
Sponsors (3)
Last Action
Representative Payne Z added as coauthor (on 01/30/2023)
Taxonomy
Government Operations
- ‐ Executive Branch Operations
Health
- ‐ Communicable Diseases
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://iga.in.gov/legislative/2023/bills/house/1262/ | 01/11/2023 |
| BillText | https://iga.in.gov/legislative/2023/bills/house/1262/#1.INTR | 01/11/2023 |
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