One significant change brought by HB 1397 is the limitation imposed on the duration of emergency declarations. Specifically, if a disaster affects an area not exceeding 31 counties or an area with less than one-third of the state population, the state of emergency is limited to 30 days. Additionally, such declarations cannot be renewed or extended without the General Assembly's approval, thereby reducing the governor's unilateral authority in emergencies and ensuring legislative oversight.
House Bill 1397 aims to amend the Indiana Code concerning emergency powers related to public safety. The bill introduces provisions that require any emergency order issued by the governor or state agencies during a disaster to be narrowly tailored to serve a compelling public health or safety interest. This legislation mandates that if a judicial review determines that an agency action prejudiced a person, the burden of proof falls on the agency to demonstrate the validity of their actions, thus adding a layer of judicial review to decisions made during emergencies.
The bill is notable for its potential to reshape the balance of power between the state legislature and the governor during emergencies. Proponents argue that it enhances accountability and protects civil liberties by preventing arbitrary actions taken during emergencies. However, there may be opposition based on concerns that the restrictions could hamper effective and timely responses to actual emergencies, especially during widespread or natural disasters. The necessity for approval from the General Assembly could lead to delays in vital decision-making processes.
Overall, HB 1397 reflects a shift towards more structured and limited emergency powers at the state level, with an emphasis on judicial review and legislative oversight. The bill stipulates that any emergency orders must be justified clearly, and any actions taken during an emergency must not discriminate against similarly situated individuals. This legal framework could significantly alter how emergencies are managed in Indiana.