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Lawmakers Push To Limit Governor’s Executive Powers

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Holcomb

Lawmakers Push To Limit Governor’s Executive Powers

By Alexa Shrake

TheStatehouseFile.com

INDIANAPOLIS—A small group of GOP lawmakers are not happy with how Gov. Eric Holcomb has been using his emergency powers to respond to COVID-19.

Gov. Holcomb made his first COVID-19 related emergency order on March 6 as Indiana began encountering the virus. Ten months later, Indiana is still seeing increasing numbers of confirmed cases and deaths. Holcomb has signed 50 executive orders and renewed the public health emergency nine times in hopes of slowing the spread.

There have been 9,104 COVID-19 deaths in Indiana so far, and that number is growing every day.

Last week about 30 people along with legislators and 2020 Libertarian governor candidate Donald Rainwater stood outside the Statehouse on the south lawn in protest of Holcomb’s COVID-19 response. They argued the governor has been overstepping his powers in declaring an emergency order requiring face masks and limitations on businesses.

Rep. Curt Nisly, R-Milford, joined the group and is one of the lawmakers leading the pushback.

“There were people I met all over the state that came for this rally in support for what we are trying to accomplish,” Nisly said.

Nisly co-authored a resolution with Reps. John Jacob, R-Indianapolis, Bruce Borders, R-Jasonville, and Chris Jeter, R-Fishers, that first proposed ending the governor’s emergency order on Organization Day back in November.

“People have been inadequately informed about the virus, and people should be responsible for their own health and safety,” Nisly said. “It is time for the government to step back and end the state of emergency and allow us all to move on.”

Republican House Speaker Todd Huston, R-Fishers, refused to hear the resolution and sent it to the House Rules Committee.

The resolution has faced opposing views, including from establishment Republicans.

“I think there needs to be a discussion of how long these could go and what all should be involved,” Rep. Matt Lehman, R-Berne, said. “I think to end this right now without any real debate is the wrong direction.”

Lehman authored a bill of his own that would adjust the way all governors would go about renewing an emergency order. He said there needs to be something that addresses emergency orders being renewed month after month.

“It really doesn’t change the powers of the governor,” Lehman said. “It just felt like at some point, there needed to be some check and a balance.”

Holcomb has argued his executive decisions are warranted because the pandemic unfolded at a fast pace.

“I don’t get to go to COVID-19 and say, ‘Hey, can you call a timeout for a second we got to have, we got to have a big discussion about this,” Holcomb told The Indianapolis Star.

Lehman’s bill is co-authored by Reps. Ben Smaltz, R-Auburn, and Jim Pressel, R-Rolling Prairie, and would only prevent governors renewing state emergency orders without approval from lawmakers.

The bill would limit state of emergency orders to only 30 days. To renew the order, the governor would have to call a special session and get approval from lawmakers for every renewal.

Lehman is against Nisly’s resolution to just end the emergency order and would rather have the general assembly be more involved in future emergency orders.

“I do think that as the representative of the people, we need to be more involved in that process as it goes on,” Lehman said.

The bill was referred to the Rules and Legislative Procedures committee, where lawmakers reviewed it Tuesday. No one showed up to testify, and it will be heard again for a vote next week.

FOOTNOTE: Alexa Shrake is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students. 

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1 COMMENT

  1. There are some lawmakers who never surprise you for their extremism.Witness Reps Nicly and Borders (aka Elvis Presley).

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