Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Should the Legislature tighten the governor’s emergency powers?
As legislators, our duty calls us to make decisions in the best interests of our constituents. We now find ourselves one year removed from the onset of the pandemic, and Indiana has made great strides in our economic recovery. However, Hoosiers are still concerned with job loss, withering businesses and lost in-person instruction in our schools. These unprecedented circumstances leave Hoosiers wanting their voices heard in the decision-making process.
This is why my colleagues and I crafted Senate Bill 407, which would restrict the duration of a state of emergency covering at least 10 counties from lasting more than 60 days, unless the Indiana General Assembly approves an extension.
At the outset of an emergency, it makes sense for the governor to be able to act quickly and decisively to protect people and property. However, if a widespread emergency continues for long enough, Hoosiers deserve to have all branches of their state government—especially the Legislature—involved in making decisions that affect them.
Indiana’s existing law on disaster emergencies allows a local executive officer to declare an emergency, but the local governing body must give approval for the emergency to last more than seven days. SB 407 would implement a similar procedure at the state level but would give the governor more time before legislative approval is needed, since widespread emergencies require more complex initial responses.
The bill would also create a bipartisan advisory group, consisting of each leader of the four legislative caucuses and one additional member of the General Assembly. This panel would converse with and advise the governor during any state of emergency that applies to at least 10 counties. Creating this panel in law will ensure communication channels are formalized between the executive and legislative branches of government in the future.
When the pandemic hit, different parts of the state were affected at different times, and many legislators heard repeated concerns from constituents who felt their voice was not being heard. There’s a strong argument to be made that the General Assembly is the branch of state government most accessible to the people since the General Assembly has 150 members from every corner of the state. Lawmakers bring a local, boots-on-the-ground perspective that recognizes regional differences, and SB 407 would make sure that there’s a process for these perspectives to be shared between the legislative and executive branch when emergencies last for an extended time.
Before 2020, states of emergency had almost always been for short-term situations like flooding or a tornado. The pandemic has been a different experience, and we need to update our state laws to reflect our new reality.
The proposed legislation is meant to adapt our laws to the lessons we have learned during the pandemic. Passing this legislation would allow Indiana to operate under a more normal governance structure in prolonged emergency situations in the future, regardless of who is in the governor’s office or the Legislature.•
__________
Glick is a Republican member of the Indiana Senate, representing parts of LaGrange, Steuben and Noble counties. Send comments to ibjedit@ibj.com.
Click here for more Forefront columns.
Please enable JavaScript to view this content.
If Indiana legislators are so upset with the governors actions, why did they decline Gov. Holcomb’s offer to call them back into a special session and why have they not ended the public health emergency already … especially since bills have been filed to do so during this session?
And why doesn’t this op-ed address the carve outs for churches that are part of the bill? It should be called the “religious freedom to spread a disease” act.