Two local state lawmakers representing different sections of Bartholomew County are supporting limiting the governor’s emergency order powers and requiring state legislature input for extending the orders.
State Rep. Ryan Lauer, R-Columbus, says he wants every public health emergency order and subsequent extension to be limited to no more than 30 days before state lawmakers are brought in. State Rep. Jim Lucas, R-Seymour, said he thinks a maximum of 14 days is long enough.
Historically, most emergencies included in state legislation such as floods and tornadoes are localized in one area for a limited amount of time, Lauer said.
“As far as I can tell, an (epidemic) is about the only emergency that affects every Hoosier, every business, every school across the board,” Lauer said. “I think it is prudent that the legislature be involved with these matters in the future.”
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The Columbus lawmaker says he has heard several Hoosiers discuss the Gov. Eric Holcomb’s emergency orders with statements that span the spectrum of public opinion.
The proposed bill Lauer is supporting emerged from a summer task force he was a part of that examined emergency powers of Indiana’s executive branch.
“What we came up with translates into open debate, and perhaps solutions and pathways that haven’t been considered before on how to navigate forward,” the Columbus lawmaker said. “Once the session starts, I expect it to be a major agenda bill.”
Lucas said he will support a different proposal that contains similar goals.
“We’re going into the tenth month of a declared emergency, and the people have not had any representation from their elected representatives during that entire length of time,” Lucas said. “This has been all these mandates from the executive branch, but under our representative government, no single branch or person was ever intended to have that kind of power.”
When Holcomb signed an extension of a public health emergency order on Dec. 1, it was 270 days after he issued the original order to stop the spread of COVID-19. It was the ninth extension issued since the first health emergency was declared on March 6.
When Holcomb declared certain jobs as non-essential while describing quarantine criteria last spring, Lucas said he believed that was a mistake because any person who needs to work to feed themselves and their families are essential.
“You have one person picking winners and losers,” Lucas said. “The Constitution, which every elected official is required to swear an oath to uphold, expressly prohibits that type of intrusion into our lives.”
The governor’s restrictions on church services are a violation of the First Amendment of the U.S. Constitution, the Seymour lawmaker said. And when any government officials shuts down or penalizes a business that has broken no laws, Lucas called it an infringement on the Fourth Amendment’s prohibition of illegal searches and seizures.
Despite the challenge to Holcomb’s interpretation of his powers of executive order, the two legislators also said he has done well with a difficult situation.
“Our governor had an impossible task,” Lauer said. “While other states are completely shut down, we still got curbside and we still had carryout. And I really appreciate how he worked to get our schools back open.”
Any criticism expressed by Lucas should not be taken as anything personal, the Seymour lawmaker said.
“The governor is a genuinely nice and well-meaning person,” Lucas said. “But the road to hell is paved with good intentions.”
The next long session of the Indiana General Assembly begins Jan. 12, and is expected to adjourn on or before April 29.
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To learn more about the 2021 legislative session, visit http://iga.in.gov/.
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