Lawmakers Approve Emergency Powers Bill, Set Up Showdown With Governor

Legislation headed to the governor’s desk would allow lawmakers to call themselves into special session during a public emergency, like the COVID-19 pandemic.

Many lawmakers felt sidelined during the pandemic. They didn’t like some of Gov. Eric Holcomb’s executive orders – like the statewide mask mandate – and wanted a louder voice in the process.

And that’s where Rep. Matt Lehman’s (R-Berne) bill, HB 1123, comes in – a bill, he insisted, isn’t “anti-governor.”

“It is not a power grasp," Lehman said. "It is not solely a reactionary bill. It is really a bill that is a response to a generational crisis.”

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The bill lets lawmakers call a special session during an emergency. But House Democratic Leader Phil GiaQuinta (D-Fort Wayne) said the legislature isn’t designed to react to those situations.

“In a time of crisis, you really need one executive, one person to really kind of make these decisions,” GiaQuinta said.

The measure also gives lawmakers slightly more oversight into how federal economic stimulus dollars are spent.

Holcomb already said he’d veto the bill because the Indiana Constitution only grants the governor the power to call a special session.

Republican legislative leaders indicated the General Assembly will likely override that veto, which it can do with simple majorities in each chamber.

In a statement, the Indiana Democratic Party criticized the bill, calling it a "power game" and accusing Republicans of bullying the governor.

The House Monday approved the bill 64-33, with four Republicans joining Democrats in opposition. Those lawmakers were Rep. Jim Lucas (R-Seymour), Rep. Curt Nisly (R-Milford), Rep. Tom Saunders (R-Lewisville) and Rep. John Jacob (R-Indianapolis).

Jacob explained that his "no" vote was because he wants to restrict the governor's emergency powers. Jacob does not believe in mask-wearing or social distancing as an effective means of curbing the spread of COVID-19. The broad scientific community – and multiple studies – disagree with him.

The Senate did not debate the bill on final passage Monday, approving it 37-10, along party lines.

Contact reporter Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.