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Garten's government reform bills become law

FOR IMMEDIATE RELEASE
Contact: Kellyn Harrison, Press Secretary

Kellyn.Harrison@iga.in.gov
317-232-9498

Garten's government reform bills become law

STATEHOUSE (March 15, 2024) — Bills authored and sponsored by State Sen. Chris Garten (R-Charlestown) to reform Indiana's state government were signed into law by Gov. Eric Holcomb.

Senate Enrolled Act 4, Senate Enrolled Act 234 and House Enrolled Act 1003 are a direct result of recommendations the Government Reform Task Force made during the 2023 interim. Garten chaired the task force to study opportunities to promote government accountability and ensure Indiana serves Hoosiers responsibly.

"A personal legislative priority of mine has continuously been 'good government' – cutting waste where there is waste and holding our government accountable for how it uses taxpayer dollars," Garten said.

Increase fiscal responsibility
SEA 4, a Senate Republican priority bill Garten authored, establishes an ongoing process to revert unused state government funds to the General Fund and enable state agencies to reduce or eliminate fees and fines faster.

Under SEA 4, the State Budget Agency must prepare a report that identifies the balance of dedicated funds that have not been used in the prior two years and makes recommendations from the state budget director. Money that remains in those funds at the end of the fiscal year will revert to the state's General Fund.

“Years of conservative fiscal leadership have made and kept Indiana one of the most economically responsible states in the nation because lawmakers continue to identify and consider sustainable ways to keep more money in Hoosiers’ pockets,” Garten said. “SEA 4 will set Indiana up to put tax dollars to better use and generate even more long-term savings in the future.”

SEA 4 also requires proposed administrative rules with an expected compliance cost of more than $1 million over any two-year period to be reviewed by the State Budget Committee before they can take effect, with limited exceptions.

“It is the explicit duty of the legislative branch to manage the state’s budget and make the state’s policies. Neither of those responsibilities belong to the executive branch, so it is imperative that legislators have visibility on any regulation with the potential to be overly burdensome to Hoosier businesses and individuals,” Garten said. “Unelected bureaucrats should not be able to unilaterally impose new regulations that significantly impact Hoosiers’ wallets with little public input or legislative review.”

Additionally, SEA 4 streamlines the process for all state agencies under the executive branch to cut or eliminate fees and fines through interim rulemaking, which takes far less time to adopt than formal rulemaking.

To learn more about SEA 4, click here.

Ensure balance of emergency powers
SEA 234, which Garten authored, prevents emergency declarations from lasting more than 60 days unless the General Assembly approves an extension.

"A prolonged state of emergency declaration has the power to devastate businesses, damage our economy and create long-term issues with mental health," Garten said. "Hoosier voices deserve to be heard at all times and lawmakers have a responsibility to serve and represent their constituents' interests, especially in a prolonged emergency. Senate Enrolled Act 234 better ensures this."

Eliminate court deference to state agencies
Current state law requires courts to defer to state agencies on interpreting the law when ordinary citizens sue the state for what they believe to be an unjust government action.

HEA 1003, which Garten sponsored, prohibits courts from providing that deference to agencies when interpreting state statutes and administrative decisions to reflect the American principle that everyone is treated equally under the law.

"Current law has put private citizens at a disadvantage to the state, which discourages Hoosiers from challenging agency actions because they understandably feel the deck is stacked against them," Garten said. "No one, especially the state, should be seen as above the law. HEA 1003 goes a long way to address this issue and even the playing field."

To learn more about these and other bills Garten worked on during the 2024 legislative session, visit iga.in.gov.

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State Sen. Chris Garten (R-Charlestown) represents Senate District 45,
which includes Clark County and portions of Floyd County.

Click here to download a high-resolution photo.