HB1397 - Emergency powers.

2 Co-Sponsors

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 Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest.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 that is the basis of the emergency order impacts an area of the state that does not exceed the lesser of: (1) 31 counties; or (2) an area that is inhabited by less than 33 1/3% of the population of Indiana; 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.