Introduced Version
HOUSE BILL No. 1131
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-14-3; IC 16-18-2-200; IC 16-19-3-10;
IC 16-20-1-24.
Synopsis: Emergency powers and orders. Removes specified
emergency powers of the governor. Provides that an emergency order
issued by: (1) the Indiana state department of health expires after 14
days unless renewal is authorized by the general assembly; and (2) a
local health officer order expires after 14 days unless renewal is
authorized by the local legislative body. Makes conforming
amendments.
Effective: July 1, 2022.
Lucas, Prescott, Payne, Judy
January 4, 2022, read first time and referred to Committee on Rules and Legislative
Procedures.
2022 IN 1131—LS 6548/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1131
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-14-3-7, AS AMENDED BY P.L.1-2006,
2 SECTION 175, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) Because of the existing and
4 increasing possibility of disasters or emergencies of unprecedented size
5 and destructiveness that may result from manmade or natural causes,
6 to ensure that Indiana will be adequately prepared to deal with disasters
7 or emergencies or to prevent or mitigate those disasters where possible,
8 generally to provide for the common defense, to protect the public
9 peace, health, and safety, and to preserve the lives and property of the
10 people of the state, it is found and declared to be necessary:
11 (1) to provide for emergency management under the department
12 of homeland security;
13 (2) to create local emergency management departments and to
14 authorize and direct disaster and emergency management
15 functions in the political subdivisions of the state;
16 (3) to confer upon the governor and upon the executive heads or
17 governing bodies of the political subdivisions of the state the
2022 IN 1131—LS 6548/DI 106 2
1 emergency powers provided in this chapter;
2 (4) to provide for the rendering of mutual aid among the political
3 subdivisions of the state, with other states, and with the federal
4 government to carry out emergency, disaster, or emergency
5 management functions; and
6 (5) to authorize the establishment of organizations and the
7 implementation of steps that are necessary and appropriate to
8 carry out this chapter.
9 (b) It is also the purpose of this chapter and the policy of the state
10 to:
11 (1) coordinate all emergency management functions of this state
12 to the maximum extent with the comparable functions of:
13 (A) the federal government, including the federal government's
14 various departments and agencies;
15 (B) other states and localities; and
16 (C) private agencies of every type;
17 so that the most effective preparation and use may be made of the
18 nation's manpower, resources, and facilities for dealing with any
19 disaster that may occur;
20 (2) prepare for prompt and efficient rescue, care, and treatment of
21 persons victimized or threatened by disaster;
22 (3) provide a setting conducive to the rapid and orderly start of
23 restoration and rehabilitation of persons and property affected by
24 disasters;
25 (4) clarify and strengthen the roles of the:
26 (A) governor;
27 (B) state agencies; and
28 (C) local governments;
29 in the prevention of, preparation for, response to, and recovery
30 from disasters;
31 (5) authorize and provide cooperation between departments of
32 government in:
33 (A) disaster prevention;
34 (B) preparedness;
35 (C) response; and
36 (D) recovery;
37 (6) authorize and provide coordination of activities relating to:
38 (A) disaster prevention;
39 (B) preparedness;
40 (C) response; and
41 (D) recovery;
42 by agencies and officers of Indiana, and similar state-local,
2022 IN 1131—LS 6548/DI 106 3
1 interstate, federal-state, and foreign activities in which the state
2 and its political subdivisions may participate; and
3 (7) provide a disaster management system embodying all aspects
4 of pre-disaster preparedness, disaster operations, and post-disaster
5 response.
6 SECTION 2. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 11. (a) The governor has general direction and
9 control of the agency and is responsible for carrying out this chapter.
10 In the event of disaster or emergency beyond local control, the
11 governor may assume direct operational control over all or any part of
12 the emergency management functions within Indiana.
13 (b) In performing the governor's duties under this chapter, the
14 governor may, subject to sections 12.5 and section 12.7 of this chapter,
15 do the following:
16 (1) Make, amend, and rescind the necessary orders, rules, and
17 regulations to carry out this chapter with due consideration of the
18 plans of the federal government.
19 (2) Cooperate with the President of the United States and the
20 heads of the armed forces, the Federal Emergency Management
21 Agency, and the officers and agencies of other states in matters
22 pertaining to emergency management and disaster preparedness,
23 response, and recovery of the state and nation. In cooperating
24 under this subdivision, the governor may take any measures that
25 the governor considers proper to carry into effect any request of
26 the President of the United States and the appropriate federal
27 officers and agencies for any emergency management action,
28 including the direction or control of disaster preparations,
29 including the following:
30 (A) Mobilizing emergency management forces and other tests
31 and exercises.
32 (B) Providing warnings and signals for drills, actual
33 emergencies, or disasters.
34 (C) Shutting off water mains, gas mains, and electric power
35 connections and suspending any other utility service.
36 (D) Conducting civilians and the movement and cessation of
37 movement of pedestrians and vehicular traffic during, before,
38 and after drills, actual emergencies, or other disasters.
39 (E) Holding public meetings or gatherings.
40 (F) Evacuating and receiving the civilian population.
41 (3) Take any action and give any direction to state and local law
42 enforcement officers and agencies as may be reasonable and
2022 IN 1131—LS 6548/DI 106 4
1 necessary for securing compliance with this chapter and with any
2 orders, rules, and regulations made under this chapter.
3 (4) Employ any measure and give any direction to the state
4 department of health or local boards of health as is reasonably
5 necessary for securing compliance with this chapter or with the
6 findings or recommendations of the state department of health or
7 local boards of health because of conditions arising from actual
8 or threatened:
9 (A) national security emergencies; or
10 (B) manmade or natural disasters or emergencies.
11 (5) Use the services and facilities of existing officers, agencies of
12 the state, and of political subdivisions. All officers and agencies
13 of the state and of political subdivisions shall cooperate with and
14 extend services and facilities to the governor as the governor may
15 request.
16 (6) Establish agencies and offices and appoint executive,
17 technical, clerical, and other personnel necessary to carry out this
18 chapter, including the appointment of full-time state and area
19 directors.
20 SECTION 3. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 12. (a) The governor shall declare a disaster
23 emergency by executive order or proclamation if the governor
24 determines that a disaster has occurred or that the occurrence or the
25 threat of a disaster is imminent. The state of disaster emergency
26 continues until: the governor:
27 (1) the governor:
28 (A) determines that the threat or danger has passed or the
29 disaster has been dealt with to the extent that emergency
30 conditions no longer exist; and
31 (2) (B) terminates the state of disaster emergency by executive
32 order or proclamation; or
33 (2) the fourteen (14) day period described in this subsection
34 expires and a renewal is not authorized by the general
35 assembly and implemented by the governor.
36 A state of disaster emergency may not continue for longer than thirty
37 (30) fourteen (14) days unless the general assembly specifically
38 authorizes a renewal of the state of disaster emergency and the state
39 of disaster emergency is renewed by the governor. The general
40 assembly, by concurrent resolution, may terminate a state of disaster
41 emergency at any time. If the general assembly terminates a state of
42 disaster emergency under this subsection, the governor shall issue an
2022 IN 1131—LS 6548/DI 106 5
1 executive order or proclamation ending the state of disaster emergency.
2 All executive orders or proclamations issued under this subsection
3 must indicate the nature of the disaster, the area or areas threatened,
4 and the conditions which have brought the disaster about or that make
5 possible termination of the state of disaster emergency. An executive
6 order or proclamation under this subsection shall be disseminated
7 promptly by means calculated to bring the order's or proclamation's
8 contents to the attention of the general public. Unless the
9 circumstances attendant upon the disaster prevent or impede, an
10 executive order or proclamation shall be promptly filed with the
11 secretary of state and with the clerk of the city or town affected or with
12 the clerk of the circuit court.
13 (b) An executive order or proclamation of a state of disaster
14 emergency:
15 (1) activates the disaster response and recovery aspects of the
16 state, local, and interjurisdictional disaster emergency plans
17 applicable to the affected political subdivision or area; and
18 (2) is authority for:
19 (A) deployment and use of any forces to which the plan or
20 plans apply; and
21 (B) use or distribution of any supplies, equipment, materials,
22 and facilities assembled, stockpiled, or arranged to be made
23 available under this chapter or under any other law relating to
24 disaster emergencies.
25 (c) During the continuance of any state of disaster emergency, the
26 governor is commander-in-chief of the organized and unorganized
27 militia and of all other forces available for emergency duty. To the
28 greatest extent practicable, the governor shall delegate or assign
29 command authority by prior arrangement embodied in appropriate
30 executive orders or regulations. This section does not restrict the
31 governor's authority to delegate or assign command authority by orders
32 issued at the time of the disaster emergency.
33 (d) In addition to the governor's other powers, and subject to
34 sections 12.5 and 12.7 of this chapter, The governor may do the
35 following while the state of emergency exists:
36 (1) Suspend the provisions of any regulatory statute prescribing
37 the procedures for conduct of state business, or the orders, rules,
38 or regulations of any state agency if strict compliance with any of
39 these provisions would in any way prevent, hinder, or delay
40 necessary action in coping with the emergency.
41 (2) Use all available resources of the state government and of
42 each political subdivision of the state reasonably necessary to
2022 IN 1131—LS 6548/DI 106 6
1 cope with the disaster emergency.
2 (3) Transfer the direction, personnel, or functions of state
3 departments and agencies or units for performing or facilitating
4 emergency services.
5 (4) Subject to any applicable requirements for compensation
6 under section 31 of this chapter, commandeer or use any private
7 property if the governor finds this action necessary to cope with
8 the disaster emergency.
9 (5) Assist in the evacuation of all or part of the population from
10 any stricken or threatened area in Indiana if the governor
11 considers this action necessary for the preservation of life or other
12 disaster mitigation, response, or recovery.
13 (6) Prescribe routes, modes of transportation, and destinations in
14 connection with evacuation.
15 (7) Control ingress to and egress from a disaster area, the
16 movement of persons within the area, and the occupancy of
17 premises in the area.
18 (8) Suspend or limit the sale, dispensing, or transportation of
19 alcoholic beverages, explosives, and combustibles.
20 (9) Make provision for the availability and use of temporary
21 emergency housing.
22 (10) Allow persons who:
23 (A) are registered as volunteer health practitioners by an
24 approved registration system under IC 10-14-3.5; or
25 (B) hold a license to practice:
26 (i) medicine;
27 (ii) dentistry;
28 (iii) pharmacy;
29 (iv) nursing;
30 (v) engineering;
31 (vi) veterinary medicine;
32 (vii) mortuary service; and
33 (viii) similar other professions as may be specified by the
34 governor;
35 to practice their respective profession in Indiana during the period
36 of the state of emergency if the state in which a person's license
37 or registration was issued has a mutual aid compact for
38 emergency management with Indiana.
39 (11) Give specific authority to allocate drugs, foodstuffs, and
40 other essential materials and services.
41 SECTION 4. IC 10-14-3-12.5 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 12.5. (a) The following definitions apply throughout this
2022 IN 1131—LS 6548/DI 106 7
1 section:
2 (1) "Disaster emergency" means:
3 (A) a state or local disaster emergency declared under
4 IC 10-14-3; and
5 (B) an epidemic described in IC 16-19-3-10.
6 (2) "Religious organization" means an organization, a religious
7 society, a church or other house of worship, a body of
8 communicants, an educational institution, or a group organized
9 and operated for religious purposes, regardless of whether it is
10 integrated or affiliated with a church or other house of worship.
11 The term includes an officer, owner, employee, manager,
12 religious leader, clergy, or minister of an organization described
13 in this subdivision.
14 (3) "Religious service" means a meeting, a gathering, or an
15 assembly of two (2) or more persons organized by a religious
16 organization for the purpose of worship, teaching, training,
17 providing educational services, conducting religious rituals, or
18 other activities undertaken by the religious organization for the
19 exercise of religion.
20 (b) Religious organizations provide essential services that are
21 necessary for the health and welfare of the public during a disaster
22 emergency. Subject to section 12.7 of this chapter, the state and a
23 political subdivision may not impose restrictions on:
24 (1) the operation of a religious organization; or
25 (2) religious services;
26 that are more restrictive than the restrictions imposed on other
27 businesses and organizations that provide essential services to the
28 public.
29 (c) This section does not prohibit the state or a political subdivision
30 from requiring a religious organization to comply with a generally
31 applicable health, safety, or occupancy requirement that is neutral
32 towards religious organizations and equally applicable to any
33 organization or business that provides essential services. However, the
34 state or political subdivision may not enforce any health, safety, or
35 occupancy requirement that imposes a substantial burden on a religious
36 service unless the state or political subdivision demonstrates that
37 applying the burden to the religious service in this particular instance
38 is essential to further a compelling governmental interest and is the
39 least restrictive means of furthering that compelling governmental
40 interest.
41 (d) A person may assert a violation of this section as a claim against
42 the state or a political subdivision in any judicial or administrative
2022 IN 1131—LS 6548/DI 106 8
1 proceeding, or as a defense in any judicial or administrative
2 proceeding, without regard to whether the proceeding is brought by or
3 in the name of the state, political subdivision, or any other party.
4 SECTION 5. IC 10-14-3-12.7, AS ADDED BY P.L.99-2021,
5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 12.7. (a) As used in this section, "disaster
7 emergency" has the meaning set forth in section 12.5 of this chapter.
8 means:
9 (1) a state or local disaster emergency declared under this
10 chapter; and
11 (2) an epidemic described in IC 16-19-3-10.
12 (b) The state, a political subdivision, or an officer or employee of
13 the state or a political subdivision may not violate the rights of the
14 people guaranteed by the Constitution of the State of Indiana and
15 the Constitution of the United States. In accordance with Article 1,
16 Section 3 of the Constitution of the State of Indiana the state, a
17 political subdivision, or an officer or employee of the state or a
18 political subdivision may not restrict the right of the people to worship
19 or to worship in person during a disaster emergency.
20 SECTION 6. IC 10-14-3-13 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) In addition to
22 the governor's existing powers and duties, the governor has the duties
23 and special energy emergency powers set forth in this section, subject
24 to the limitations in this chapter.
25 (b) (a) The governor may, upon finding that an energy emergency
26 exists, proclaim a state of energy emergency, at which time all the
27 general and specific emergency powers specified in this section and
28 section 14 of this chapter become effective.
29 (c) (b) A proclamation issued under this section and any order or
30 rule issued as a result of the proclamation continues in effect until sixty
31 (60) days after the date of the proclamation of the energy emergency
32 unless the governor rescinds the proclamation and declares the energy
33 emergency ended before the expiration of the sixty (60) day period.
34 (d) (c) The governor may not renew or extend a proclamation more
35 than once without approval of the general assembly.
36 (e) (d) The conditions of an energy emergency cease when the
37 governor declares the end of an energy emergency.
38 (f) In a declared state of energy emergency, the governor may do the
39 following:
40 (1) Implement programs, controls, standards, priorities, and
41 quotas for the conservation and consumption of energy, including
42 plans and commission regulations for the curtailment of energy if
2022 IN 1131—LS 6548/DI 106 9
1 the governor imposes controls, quotas, or curtailments according
2 to the nature of the end use to be made of the energy consistent
3 with existing transmission and distribution systems serving the
4 geographic area affected by the energy emergency.
5 (2) Suspend and modify state pollution control standards and
6 requirements affecting or affected by the use of energy, including
7 standards or requirements relating to air or water quality control.
8 (3) Establish and implement intrastate regional programs and
9 agreements for the purposes of coordinating the energy program
10 and actions of the state with the federal government and other
11 states, localities, and other persons.
12 (4) Designate the execution and enforcement of emergency orders
13 to a state agency that regulates the energy form, resource, or
14 suppliers that are the subject of the proclaimed emergency.
15 (5) Suspend the provisions of any state statute regulating
16 transportation or the orders or rules of any state agency if strict
17 compliance with any of the provisions would prevent, hinder, or
18 delay necessary action in coping with the energy emergency.
19 (g) Restrictions, curtailments, or adjustments under subsection (f)
20 must:
21 (1) be ordered and continue only as long as demonstrably
22 necessary for the maintenance of essential services or
23 transportation or for the continued operation of the economy but
24 not longer than the proclamation's duration;
25 (2) be applied as uniformly as practicable within each class of
26 suppliers and consumers and without discrimination within a
27 class; and
28 (3) give due consideration to:
29 (A) the implementation of involuntary measures only after
30 voluntary measures have been determined to be ineffective;
31 (B) protection of public health and safety;
32 (C) maintenance of vital activities, including but not limited to
33 food, shelter, fuel, and medical care;
34 (D) minimization of economic impact on commercial, retail,
35 professional, agricultural, and service establishments;
36 (E) cooperation with other state, local, and federal
37 governments to avoid duplicating efforts; and
38 (F) maintenance of public information channels.
39 (h) This section does not mean that any program, control, standard,
40 priority quota, or other policy created under the authority of the
41 emergency powers authorized by this section has any continuing legal
42 effect after the cessation of a declared state of energy emergency.
2022 IN 1131—LS 6548/DI 106 10
1 (i) Except as provided in this section, this chapter does not exempt
2 a person from compliance with the provisions of any other law, rule, or
3 directive unless:
4 (1) specifically ordered by the governor; or
5 (2) impossibility of compliance is a direct result of the governor's
6 order.
7 (j) (e) A proclamation issued under this section shall be:
8 (1) disseminated promptly and in a manner calculated to inform
9 the general public of its contents; and
10 (2) filed promptly with the secretary of state and the clerk of each
11 circuit court of Indiana.
12 SECTION 7. IC 10-14-3-14 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) In determining
14 whether to declare an energy emergency under section 13 of this
15 chapter, the governor shall consider:
16 (1) the availability of regional and national energy resources;
17 (2) local, state, regional, and national energy needs and shortages;
18 (3) the availability of short term alternative supplies on a local,
19 state, regional, and national basis;
20 (4) the economic effect of the declaration and the implementation
21 of any curtailment or conservation plans; and
22 (5) any other relevant factors.
23 (b) To protect the public welfare during conditions of energy
24 emergencies proclaimed under section 13 of this chapter, the governing
25 body of each city, town, or political subdivision of the state and each
26 state agency (including the utility regulatory commission) shall carry
27 out in the body's or agency's jurisdiction energy supply emergency
28 measures ordered by the governor.
29 (c) To attain uniformity throughout the country in measures taken
30 to aid in energy crisis management, all:
31 (1) action taken under this section and section 13 of this chapter;
32 and
33 (2) orders and rules made under this section and section 13 of this
34 chapter;
35 must be taken or made consistent with federal orders, rules, actions,
36 recommendations, and requests.
37 (d) A person shall comply with a specific order issued or action
38 taken by the governor under this section or section 13 of this chapter.
39 (e) During a state of energy emergency proclaimed under section 13
40 of this chapter, the governor may:
41 (1) subpoena:
42 (A) witnesses;
2022 IN 1131—LS 6548/DI 106 11
1 (B) material;
2 (C) relevant books;
3 (D) papers;
4 (E) accounts;
5 (F) records; and
6 (G) memoranda;
7 (2) administer oaths; and
8 (3) cause the depositions of persons residing within or outside
9 Indiana to be taken in the manner prescribed for depositions in
10 civil actions;
11 to obtain information relevant to energy resources that are the subject
12 of the proclaimed emergency.
13 (f) In obtaining information under subsection (e), the governor shall:
14 (1) avoid eliciting information already furnished by a person or
15 political subdivision in Indiana to a federal, state, or local
16 regulatory authority that is available for the governor's study; and
17 (2) cause reporting procedures, including forms, to conform to
18 existing requirements of federal, state, and local regulatory
19 authorities wherever possible.
20 (g) Information obtained under this section from a person who
21 designates that information as confidential shall be maintained as
22 confidential by the governor and by any person who obtains
23 information that the person knows to be confidential under this chapter.
24 The governor may not make known in any manner any particulars of
25 information to persons other than those specified in subsection (j).
26 (h) This section does not prohibit the use of confidential information
27 to prepare statistics or other general data for publication if the
28 information is presented in a manner that prevents identification of the
29 particular persons.
30 (i) A person who is served with a subpoena to:
31 (1) give testimony orally or in writing; or
32 (2) produce books, papers, correspondence, memoranda,
33 agreements, or other documents or records;
34 under this chapter may apply to an Indiana court for protection against
35 abuse or hardship in the manner provided by law.
36 (j) For purposes of this section, references to the governor in this
37 section include any other individual designated in writing by the
38 governor. A person designated by the governor shall preserve the
39 confidentiality of information in accordance with subsection (g).
40 (k) The powers vested in the governor under this section and section
41 13 of this chapter are in addition to and not instead of emergency
42 powers vested in the governor under this chapter or any other state law.
2022 IN 1131—LS 6548/DI 106 12
1 (l) (b) The governor may authorize the incurring of liabilities and
2 expenses to be paid as other claims against the state from the general
3 fund in the amount necessary if:
4 (1) an energy emergency is declared by the governor; and
5 (2) the energy emergency justifies the expenditure;
6 in accordance with section 28 of this chapter for other emergency or
7 disaster expenditures.
8 SECTION 8. IC 10-14-3-20 IS REPEALED [EFFECTIVE JULY 1,
9 2022]. Sec. 20. The governor may:
10 (1) formulate and execute plans and regulations for the control of
11 traffic in order to provide for the rapid and safe movement of
12 evacuation over public highways and streets of:
13 (A) people;
14 (B) troops; or
15 (C) vehicles and materials;
16 for national defense or for use in any defense industry; and
17 (2) coordinate the activities of the departments or agencies of the
18 state and political subdivisions of the state concerned directly or
19 indirectly with public highways and streets in a manner that will
20 best effectuate the plans.
21 SECTION 9. IC 10-14-3-22, AS AMENDED BY P.L.156-2020,
22 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 22. (a) The political subdivisions and agencies
24 designated or appointed by the governor may make, amend, and rescind
25 orders, rules, and regulations as necessary for emergency management
26 purposes and to supplement the carrying out of this chapter that are not
27 inconsistent with
28 (1) orders, rules, or regulations adopted by the governor or by a
29 state agency exercising a power delegated to it by the governor;
30 and
31 (2) the:
32 (A) (1) emergency management program; and
33 (B) (2) emergency operations plan;
34 of the county in which the political subdivision is located.
35 (b) Orders, rules, and regulations have the full force and effect of
36 law when
37 (1) adopted by the governor or any state agency and a copy is
38 filed:
39 (A) in the office of the secretary of state; or
40 (B) with the publisher (as defined in IC 4-22-2-3(f)) under
41 IC 4-22-2; and
42 mailed to all members of the county emergency management
2022 IN 1131—LS 6548/DI 106 13
1 advisory council at their last known addresses; or
2 (2) filed in the office of the clerk of the adopting or promulgating
3 political subdivision or agency of the state if adopted by a
4 political subdivision or agency authorized by this chapter to make
5 orders, rules, and regulations.
6 SECTION 10. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 29. (a) A local disaster emergency:
9 (1) may be declared only by the principal executive officer of a
10 political subdivision; and
11 (2) may not be continued or renewed for more than seven (7) days
12 except by or with the consent of the governing board of the
13 political subdivision.
14 Any order or proclamation declaring, continuing, or terminating a local
15 disaster emergency shall be given prompt and general publicity and
16 shall be filed promptly in the office of the clerk of the political
17 subdivision.
18 (b) The effect of a declaration of a local disaster emergency is to:
19 (1) activate the response and recovery aspects of all applicable
20 local or interjurisdictional disaster emergency plans; and
21 (2) authorize the furnishing of aid and assistance under the plans.
22 (c) An interjurisdictional agency or official may not declare a local
23 disaster emergency unless expressly authorized by the agreement under
24 which the agency functions. However, an interjurisdictional disaster
25 agency shall provide aid and services according to the agreement.
26 (d) If a local disaster emergency is declared under this section, the
27 political subdivision may not prohibit individuals engaged in
28 employment necessary to:
29 (1) maintain a safe rail system;
30 (2) restore utility service; or
31 (3) provide any other emergency public service;
32 from traveling on the highways within the political subdivision during
33 the local disaster emergency.
34 (e) If a local disaster emergency is declared under this section, the
35 political subdivision may not prohibit individuals trained and certified
36 as first response broadcasters, as set forth in section 22.5 of this
37 chapter, from traveling on the highways within the political subdivision
38 during the local disaster emergency.
39 (f) If a local emergency is declared under this section, the political
40 subdivision may not prohibit individuals trained and certified as first
41 response communications service providers, as set forth in section 22.6
42 of this chapter, from traveling on the highways within the political
2022 IN 1131—LS 6548/DI 106 14
1 subdivision during the local disaster emergency.
2 (g) If a local emergency is declared under this section, the political
3 subdivision must comply with sections 12.5 and section 12.7 of this
4 chapter.
5 SECTION 11. IC 10-14-3-29.5, AS AMENDED BY P.L.99-2021,
6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 29.5. (a) If the principal executive officer of a
8 political subdivision issues a local travel advisory as part of an
9 emergency declaration under section 29 of this chapter, the principal
10 executive officer shall designate the travel advisory as falling into one
11 (1) of the following categories:
12 (1) "Advisory", the lowest level of local travel advisory, means
13 that routine travel or activities may be restricted in areas because
14 of a hazardous situation, and individuals should use caution or
15 avoid those areas.
16 (2) "Watch" means that conditions are threatening to the safety of
17 the public. During a "watch" local travel advisory, only essential
18 travel, such as to and from work or in emergency situations, is
19 recommended, and emergency action plans should be
20 implemented by businesses, schools, government agencies, and
21 other organizations.
22 (3) "Warning", the highest level of local travel advisory, means
23 that travel may be restricted to emergency management workers
24 only. During a "warning" local travel advisory, individuals are
25 directed to:
26 (A) refrain from all travel;
27 (B) comply with necessary emergency measures;
28 (C) cooperate with public officials and disaster services forces
29 in executing emergency operations plans; and
30 (D) obey and comply with the lawful directions of properly
31 identified officers.
32 Further and more specific restrictions, including parking
33 restrictions, may be included in a "warning" local travel advisory.
34 (b) If the emergency management agency director or the principal
35 executive officer of a political subdivision determines that conditions
36 within the political subdivision have created the need for travel
37 advisory restrictions without a local disaster emergency declaration
38 under section 29 of this chapter, the emergency management agency
39 director or the principal executive officer may issue an "advisory" or a
40 "watch" level travel advisory.
41 (c) A "warning" level travel advisory may be issued only after a
42 local disaster emergency is declared under section 29 of this chapter.
2022 IN 1131—LS 6548/DI 106 15
1 (d) An advisory issued under this section is subject to sections 12.5
2 and section 12.7 of this chapter.
3 SECTION 12. IC 16-18-2-200, AS AMENDED BY P.L.219-2021,
4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 200. (a) Except as provided in subsections (b) and
6 (c), "legislative body" has the meaning set forth in IC 36-1-2-9.
7 (b) For purposes of IC 16-20-1-21.5 and IC 16-20-1-24, "legislative
8 body" has the meaning set forth in IC 16-20-1-21.5(c).
9 (c) For purposes of IC 16-20-5.5, "legislative body" has the meaning
10 set forth in IC 16-20-5.5-1.
11 SECTION 13. IC 16-19-3-10, AS AMENDED BY P.L.99-2021,
12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 10. (a) The state department may order schools
14 closed and forbid public gatherings when considered necessary to
15 prevent and stop epidemics.
16 (b) The state department may order a religious organization closed
17 only if the order complies with IC 10-14-3-12.5 through
18 IC 10-14-3-12.7.
19 (c) An order issued under this section expires after fourteen (14)
20 days, unless the general assembly specifically authorizes a renewal
21 of the order and the state department renews the order in
22 accordance with the general assembly's authorization.
23 SECTION 14. IC 16-20-1-24, AS AMENDED BY P.L.99-2021,
24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 24. (a) Local health officers may order schools
26 closed and forbid public gatherings when considered necessary to
27 prevent and stop epidemics.
28 (b) A local health officer may order a religious organization closed
29 only if the order complies with IC 10-14-3-12.5 through
30 IC 10-14-3-12.7.
31 (c) An individual who takes action under this section shall comply
32 with state laws and rules.
33 (d) An order issued under this section expires after fourteen (14)
34 days, unless the legislative body specifically authorizes a renewal
35 of the order and the local health officer renews the order in
36 accordance with the legislative body's authorization.
2022 IN 1131—LS 6548/DI 106