LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6285 NOTE PREPARED: Dec 1, 2023
BILL NUMBER: HB 1145 BILL AMENDED:
SUBJECT: Emergency Powers.
FIRST AUTHOR: Rep. Lucas BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Gubernatorial Powers: This bill provides that the Governor shall declare a
disaster emergency by executive order or proclamation only to the extent necessary to provide assistance or
otherwise implement measures directly related to a federal declaration of emergency for all or a portion of
Indiana. It provides that the orders, rules, and regulations made, amended, or rescinded by the Governor must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. It provides that if the Governor
declares a state of disaster emergency, the state of disaster emergency expires not later than 14 days after the
declaration and may not be renewed.
This bill provides that the Governor may suspend certain regulatory statutes only to the extent necessary to
carry out certain emergency responses. It provides that the Governor may not suspend any provision of any
regulatory statute if that suspension infringes upon any right or protection guaranteed or provided in the
Constitution of the United States or the Constitution of the State of Indiana. It also repeals provisions relating
to the Governor's authority to establish an energy emergency.
Indiana Department of Health: This bill provides that nothing may be construed to authorize the Executive
Board of the Indiana Department of Health (IDOH) to suspend any law, ordinance, or regulation enacted by
the General Assembly or other legislative body as part of a rule adopted by the Executive Board. It provides
that the IDOH may establish quarantine and may do what is reasonable and necessary for the prevention and
suppression of disease if the IDOH is authorized to do so in a declared disaster emergency. It provides that
the IDOH may order schools closed and forbid public gatherings when considered necessary to prevent and
stop epidemics if the IDOH is specifically authorized to do so in an emergency declaration. It also provides
that certain actions authorized by the commissioner of the IDOH, local health boards, or local health officers
may not be construed to authorize the commissioner, board, or officer to suspend any law or regulation
HB 1145 1 enacted by the General Assembly or other legislative body unless otherwise specifically authorized by a
declared disaster emergency.
Effective Date: Upon passage.
Explanation of State Expenditures: Gubernatorial Powers: The bill narrows the scope of the actions the
Governor may take to respond to an emergency. It also disallows the renewal of a Governor’s declaration
of a state of disaster emergency and reduces the maximum length of a state of disaster emergency from 30
days to 14 days. (Under current law, a declared state of disaster emergency may not continue for more than
30 days unless the declaration is renewed by the Governor.)
The bill repeals the Governor’s authority to declare an energy emergency. This provision limits the options
the Governor has to respond to local, state, regional, and national energy needs and shortages.
These provisions should be able to be implemented with no additional appropriations, assuming near
customary staffing and resource levels.
Indiana Department of Health: The bill’s requirements regarding the IDOH are within the agency’s routine
administrative functions and should be able to be implemented with no additional appropriations, assuming
near customary agency staffing and resource levels. [Administrative expenses of the IDOH are paid from the
Tobacco Master Settlement Fund, a dedicated fund.]
Explanation of State Revenues:
Explanation of Local Expenditures: The bill narrows the scope of local disaster emergencies, requiring
that they be narrowly tailored to serve a compelling public health or safety interest.
Explanation of Local Revenues:
State Agencies Affected: Governor’s Office; Indiana Department of Health.
Local Agencies Affected: Local executive officers.
Information Sources:
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1145 2