Holcomb signs bill to limit his own emergency powers, four years after COVID-19 start

Republicans for years have criticized Gov. Eric Holcomb’s use of his emergency powers during the COVID-19 pandemic in Indiana, and continue to do so on the 2024 campaign trail to replace him.

The question at hand: should Holcomb have been able to extend a state of emergency due to the coronavirus for nearly two years? Republicans argue he overreached by requiring mask mandates and closing businesses to prevent the spread of the virus.

Holcomb signed a Senate bill into law Wednesday that limits his own emergency powers through the end of his term and for future Indiana governors.

From 2022: Gov. Holcomb ends COVID-19 public emergency after nearly 2 years

Senate Enrolled Act 234, which was carried this year by Sen. Chris Garten, R-Charlestown, requires approval from the Indiana General Assembly if the governor seeks to extend a statewide emergency declaration beyond 60 days. A state of emergency declaration for part of the state can still be extended longer without approval from the legislature.

In a statement Wednesday evening, Holcomb seemed pleased with the result of the bill.

“A big thank you is owed to the authors of the bill and the leadership in the General Assembly for the thoughtful collaboration to achieve the proper guardrails during a statewide emergency while still preserving critical flexibility and authority to react to the unforeseen," he said in the statement.

This isn't lawmakers' first attempt to limit Holcomb's powers. In 2021, the legislature passed a bill carried by Rep. Matt Lehman, R-Berne, that would have allowed the Indiana General Assembly to call themselves back into session during an emergency.

Holcomb vetoed the 2021 bill, but the Indiana General Assembly overrode the governor's decision. He then hired private attorneys to file a lawsuit against the legislature and in June 2022 the Indiana Supreme Court unanimously sided with the governor.

Garten in debate on the Senate floor in January said the 2024 bill tries to address representation for Hoosiers during disasters where the General Assembly is not in session.

"It's maybe the most critical time for a constituent's voice to be heard by its elected representative body," Garten said in January.

Attorney General Todd Rokita's office was also at odds with Holcomb over the 2021 bill and represented the legislature in the case. In a statement Wednesday, Rokita's office said it was happy some of that power was directed back to the General Assembly.

"Glad to see Hoosiers will no longer be controlled by any governor’s view of what qualifies as a state of disaster emergency for months on end like we did in 2020," the statement said. "Now, our local elected leaders in the General Assembly will have the power to vote on this and make appropriate decisions for their constituents."

But Holcomb is also in his last year as governor after two terms leading the state. Six Republicans are running in the May 2024 primary for the GOP nomination.

At a debate March 11 in Carmel, Holcomb’s administrative powers during the pandemic were a punching bag for the six Republican candidates. All six seeking the governor’s office said Holcomb’s administration went too far during the nearly two years the emergency declaration was in place.

Contact IndyStar's state government and politics reporter Brittany Carloni at brittany.carloni@indystar.com or 317-779-4468. Follow her on Twitter/X @CarloniBrittany.

This article originally appeared on Indianapolis Star: Gov. Eric Holcomb signs bill limiting his own emergency powers