INDIANAPOLIS — Indiana lawmakers return to work Monday to consider overriding the governor's veto of a bill that could potentially end the mask mandate in Indianapolis.
Senate Bill 5 passed easily through both chambers of the Statehouse. The House approved the bill with a 65 to 29 vote and the Senate with a 37 to 12 vote.
The bill requires local elected officials to approve any local health department orders that are more stringent than the state has in place, such as the mask mandate still in place in Marion County but lifted in most of the state.
Governor Eric Holcomb vetoed the bill May 5, saying it could delay the ability of communities to respond to local health emergencies.
"I don't want to do anything that jeopardizes that integrity, and that ability to be nimble and swift in our action,” Holcomb said. “That's what the last year and a half has taught me, is we have to be able to act, not just talk about the problem. And credit where credit's due, this all happened at the local level."
Proponents of the legislation argue that it provides local elected officials checks and balances on the power of local health officials to restrict public gatherings, close businesses and impose fines.
In Indianapolis, pandemic restrictions stronger than the state-mandated guidelines would have to be approved by the mayor and the city-county council in addition to the health department.
"With all due respect to elected officials, it's better in the course of a public health crisis to have the experts making the recommendations and the decisions,” said Indianapolis Mayor Joe Hogsett.
"I’ve been grateful to Governor Holcomb for continuing to allow local health authorities to set the guidelines that make sense for their communities - especially important in a county like Marion County, because of our population and our density, which is far different from our neighboring counties,” said Dr. Virginia Caine, Marion County Public Health Department Director.
Indianapolis has imposed tighter restrictions on businesses than most of the state throughout the pandemic. The latest public health order issued Thursday extends the mask mandate indefinitely while opening outdoor public venues to 50 percent capacity.
The Senate goes in session Monday at 1:30 p.m. followed by the House at 2:30 p.m. State lawmakers can override the governor's veto by a simple majority vote in each chamber, which would put the law into effect immediately.
Senate Bill 5 also:
- Allows individuals or businesses to appeal local health department actions during an emergency to the local legislative body.
- Requires a health department official to have the backing of local elected officials to seek court action to enforce a public health order.
- Requires local elected officials to approve the appointment of health officers, and enables them to remove them for good cause.