HB 1354

  • Indiana House Bill
  • 2021 Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Emergency powers.

Abstract

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 Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest.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 state 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: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared.

Bill Sponsors (1)

Votes


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Actions


Jan 14, 2021

House

Authored by Representative Speedy

House

First reading: referred to Committee on Rules and Legislative Procedures

  • Reading-1
  • Referral-Committee
rules and legislative procedures

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1354.01.INTR.FN001 PDF

Sources

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