summary
Introduced
01/17/2023
01/17/2023
In Committee
01/17/2023
01/17/2023
Crossed Over
Passed
Dead
04/28/2023
04/28/2023
Introduced Session
2023 Regular Session
Bill Summary
Emergency powers. Provides that in the event of a disaster emergency, an emergency order issued by a state agency must be narrowly tailored to serve a compelling public health or safety interest. Entitles a person to relief if a court determines that the person seeking judicial relief has been prejudiced by an agency action issued during a disaster emergency that has not been: (1) applied equally to a similarly situated person; and (2) narrowly tailored to serve a compelling public health or safety interest. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest. Requires any state or local agency, including the Indiana department of health and local boards of health, to only impose a restriction that is narrowly tailored to serve a compelling public health or safety interest. Provides that any order or proclamation declaring, continuing, or terminating a local disaster emergency must be narrowly tailored to serve a compelling public health or safety interest. Provides that, if the disaster which is the basis of the emergency order impacts an area of the state which does not exceed the lesser of: (1) 31 counties; or (2) an area which is inhabited by less than 33 1/3% of the population of the state; the state of emergency expires in 30 days. Provides that the governor may renew the emergency declaration in 30 day increments not to exceed a period of 12 months. Provides that all other emergency declarations expire 30 days after the initial date of the governor's executive order and may not be renewed or extended by the governor without the approval of the general assembly. Removes the governor's ability to suspend certain provisions relating to the general assembly, judicial relief of an agency action during an emergency declaration, or provisions relating to emergency management disasters. Repeals provisions authorizing the general assembly to conduct emergency sessions.
AI Summary
This bill aims to provide more restrictions and oversight on the governor's emergency powers during a disaster emergency declared under Indiana law. The key provisions are:
1. The governor's emergency orders, rules, and regulations must be narrowly tailored to serve a compelling public health or safety interest. State and local agencies, including the Indiana Department of Health, are also limited to imposing restrictions that are narrowly tailored.
2. Courts are required to grant relief if a person has been prejudiced by an agency action that was not applied equally to similarly situated persons and was not narrowly tailored to a compelling public health or safety interest.
3. Emergency declarations are limited to 30 days, with the governor only able to renew them for up to 12 months in certain cases. After 30 days, the legislature must approve any extension.
4. The governor is prohibited from suspending certain provisions related to the legislature, judicial relief, and emergency management during a disaster emergency.
5. The bill repeals the provision allowing the legislature to call itself into emergency session during a disaster.
Overall, the bill aims to provide more checks and balances on the governor's authority during emergency declarations in Indiana.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
First reading: referred to Committee on Rules and Legislative Procedures (on 01/17/2023)
Taxonomy
Government Operations
- ‐ Executive Branch Operations
- ‐ Government Efficiency and Bureaucratic Oversight
- ‐ Legislative Branch Operations and Rules
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/1337/ | 01/17/2023 |
| BillText | https://iga.in.gov/legislative/2023/bills/house/1337/#1.INTR | 01/17/2023 |
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