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Indiana legislators are inching toward a possible court fight with Gov. Eric Holcomb by voting to override his veto and give themselves more authority to intervene during governor-declared emergencies.
The Republican-dominated House and Senate on Thursday easily achieved the simple majorities required to turn aside Holcomb’s objections and enact the provisions of House Bill 1123 into law.
The law establishes a new process for the General Assembly to call itself into a 40-day emergency session to consider legislative action in response to a gubernatorial declaration of a statewide emergency. That change limits a governor’s authority to impose long-lasting emergency restrictions such as mask rules and business closures.
Holcomb and some legal experts have questioned the legality of that process because the state’s constitution gives the governor – not the legislature – the authority to call a special session.
Holcomb had vetoed the bill on April 9. In a letter to Indiana Speaker of the House Todd Huston, Holcomb said by giving the General Assembly the ability to call itself into a special session, the bill would usurp “the power given exclusively to the governor under Article 4, Section 9 of the Indiana Constitution.”
The Republican governor said he believes the bill violates the separation of powers as it “constitutes a legislative encroachment on the governor’s power.”
For months, some Hoosiers have complained about Holcomb’s coronavirus-related orders.
The new law additionally gives lawmakers more control over federal economic stimulus funds Indiana receives, although legislators are not required to appropriate any of the funds.