Indiana 2022 Regular Session

Indiana House Bill HB1131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1131
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-14-3; IC 16-18-2-200; IC 16-19-3-10;
7	7	IC 16-20-1-24.
8	8	Synopsis: Emergency powers and orders. Removes specified
9	9	emergency powers of the governor. Provides that an emergency order
10	10	issued by: (1) the Indiana state department of health expires after 14
11	11	days unless renewal is authorized by the general assembly; and (2) a
12	12	local health officer order expires after 14 days unless renewal is
13	13	authorized by the local legislative body. Makes conforming
14	14	amendments.
15	15	Effective: July 1, 2022.
16	16	Lucas, Prescott, Payne, Judy
17	17	January 4, 2022, read first time and referred to Committee on Rules and Legislative
18	18	Procedures.
19	19	2022 IN 1131—LS 6548/DI 106 Introduced
20	20	Second Regular Session of the 122nd General Assembly (2022)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2021 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1131
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	public safety.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 10-14-3-7, AS AMENDED BY P.L.1-2006,
35	35	2 SECTION 175, IS AMENDED TO READ AS FOLLOWS
36	36	3 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) Because of the existing and
37	37	4 increasing possibility of disasters or emergencies of unprecedented size
38	38	5 and destructiveness that may result from manmade or natural causes,
39	39	6 to ensure that Indiana will be adequately prepared to deal with disasters
40	40	7 or emergencies or to prevent or mitigate those disasters where possible,
41	41	8 generally to provide for the common defense, to protect the public
42	42	9 peace, health, and safety, and to preserve the lives and property of the
43	43	10 people of the state, it is found and declared to be necessary:
44	44	11 (1) to provide for emergency management under the department
45	45	12 of homeland security;
46	46	13 (2) to create local emergency management departments and to
47	47	14 authorize and direct disaster and emergency management
48	48	15 functions in the political subdivisions of the state;
49	49	16 (3) to confer upon the governor and upon the executive heads or
50	50	17 governing bodies of the political subdivisions of the state the
51	51	2022 IN 1131—LS 6548/DI 106 2
52	52	1 emergency powers provided in this chapter;
53	53	2 (4) to provide for the rendering of mutual aid among the political
54	54	3 subdivisions of the state, with other states, and with the federal
55	55	4 government to carry out emergency, disaster, or emergency
56	56	5 management functions; and
57	57	6 (5) to authorize the establishment of organizations and the
58	58	7 implementation of steps that are necessary and appropriate to
59	59	8 carry out this chapter.
60	60	9 (b) It is also the purpose of this chapter and the policy of the state
61	61	10 to:
62	62	11 (1) coordinate all emergency management functions of this state
63	63	12 to the maximum extent with the comparable functions of:
64	64	13 (A) the federal government, including the federal government's
65	65	14 various departments and agencies;
66	66	15 (B) other states and localities; and
67	67	16 (C) private agencies of every type;
68	68	17 so that the most effective preparation and use may be made of the
69	69	18 nation's manpower, resources, and facilities for dealing with any
70	70	19 disaster that may occur;
71	71	20 (2) prepare for prompt and efficient rescue, care, and treatment of
72	72	21 persons victimized or threatened by disaster;
73	73	22 (3) provide a setting conducive to the rapid and orderly start of
74	74	23 restoration and rehabilitation of persons and property affected by
75	75	24 disasters;
76	76	25 (4) clarify and strengthen the roles of the:
77	77	26 (A) governor;
78	78	27 (B) state agencies; and
79	79	28 (C) local governments;
80	80	29 in the prevention of, preparation for, response to, and recovery
81	81	30 from disasters;
82	82	31 (5) authorize and provide cooperation between departments of
83	83	32 government in:
84	84	33 (A) disaster prevention;
85	85	34 (B) preparedness;
86	86	35 (C) response; and
87	87	36 (D) recovery;
88	88	37 (6) authorize and provide coordination of activities relating to:
89	89	38 (A) disaster prevention;
90	90	39 (B) preparedness;
91	91	40 (C) response; and
92	92	41 (D) recovery;
93	93	42 by agencies and officers of Indiana, and similar state-local,
94	94	2022 IN 1131—LS 6548/DI 106 3
95	95	1 interstate, federal-state, and foreign activities in which the state
96	96	2 and its political subdivisions may participate; and
97	97	3 (7) provide a disaster management system embodying all aspects
98	98	4 of pre-disaster preparedness, disaster operations, and post-disaster
99	99	5 response.
100	100	6 SECTION 2. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
101	101	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102	102	8 JULY 1, 2022]: Sec. 11. (a) The governor has general direction and
103	103	9 control of the agency and is responsible for carrying out this chapter.
104	104	10 In the event of disaster or emergency beyond local control, the
105	105	11 governor may assume direct operational control over all or any part of
106	106	12 the emergency management functions within Indiana.
107	107	13 (b) In performing the governor's duties under this chapter, the
108	108	14 governor may, subject to sections 12.5 and section 12.7 of this chapter,
109	109	15 do the following:
110	110	16 (1) Make, amend, and rescind the necessary orders, rules, and
111	111	17 regulations to carry out this chapter with due consideration of the
112	112	18 plans of the federal government.
113	113	19 (2) Cooperate with the President of the United States and the
114	114	20 heads of the armed forces, the Federal Emergency Management
115	115	21 Agency, and the officers and agencies of other states in matters
116	116	22 pertaining to emergency management and disaster preparedness,
117	117	23 response, and recovery of the state and nation. In cooperating
118	118	24 under this subdivision, the governor may take any measures that
119	119	25 the governor considers proper to carry into effect any request of
120	120	26 the President of the United States and the appropriate federal
121	121	27 officers and agencies for any emergency management action,
122	122	28 including the direction or control of disaster preparations,
123	123	29 including the following:
124	124	30 (A) Mobilizing emergency management forces and other tests
125	125	31 and exercises.
126	126	32 (B) Providing warnings and signals for drills, actual
127	127	33 emergencies, or disasters.
128	128	34 (C) Shutting off water mains, gas mains, and electric power
129	129	35 connections and suspending any other utility service.
130	130	36 (D) Conducting civilians and the movement and cessation of
131	131	37 movement of pedestrians and vehicular traffic during, before,
132	132	38 and after drills, actual emergencies, or other disasters.
133	133	39 (E) Holding public meetings or gatherings.
134	134	40 (F) Evacuating and receiving the civilian population.
135	135	41 (3) Take any action and give any direction to state and local law
136	136	42 enforcement officers and agencies as may be reasonable and
137	137	2022 IN 1131—LS 6548/DI 106 4
138	138	1 necessary for securing compliance with this chapter and with any
139	139	2 orders, rules, and regulations made under this chapter.
140	140	3 (4) Employ any measure and give any direction to the state
141	141	4 department of health or local boards of health as is reasonably
142	142	5 necessary for securing compliance with this chapter or with the
143	143	6 findings or recommendations of the state department of health or
144	144	7 local boards of health because of conditions arising from actual
145	145	8 or threatened:
146	146	9 (A) national security emergencies; or
147	147	10 (B) manmade or natural disasters or emergencies.
148	148	11 (5) Use the services and facilities of existing officers, agencies of
149	149	12 the state, and of political subdivisions. All officers and agencies
150	150	13 of the state and of political subdivisions shall cooperate with and
151	151	14 extend services and facilities to the governor as the governor may
152	152	15 request.
153	153	16 (6) Establish agencies and offices and appoint executive,
154	154	17 technical, clerical, and other personnel necessary to carry out this
155	155	18 chapter, including the appointment of full-time state and area
156	156	19 directors.
157	157	20 SECTION 3. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
158	158	21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159	159	22 JULY 1, 2022]: Sec. 12. (a) The governor shall declare a disaster
160	160	23 emergency by executive order or proclamation if the governor
161	161	24 determines that a disaster has occurred or that the occurrence or the
162	162	25 threat of a disaster is imminent. The state of disaster emergency
163	163	26 continues until: the governor:
164	164	27 (1) the governor:
165	165	28 (A) determines that the threat or danger has passed or the
166	166	29 disaster has been dealt with to the extent that emergency
167	167	30 conditions no longer exist; and
168	168	31 (2) (B) terminates the state of disaster emergency by executive
169	169	32 order or proclamation; or
170	170	33 (2) the fourteen (14) day period described in this subsection
171	171	34 expires and a renewal is not authorized by the general
172	172	35 assembly and implemented by the governor.
173	173	36 A state of disaster emergency may not continue for longer than thirty
174	174	37 (30) fourteen (14) days unless the general assembly specifically
175	175	38 authorizes a renewal of the state of disaster emergency and the state
176	176	39 of disaster emergency is renewed by the governor. The general
177	177	40 assembly, by concurrent resolution, may terminate a state of disaster
178	178	41 emergency at any time. If the general assembly terminates a state of
179	179	42 disaster emergency under this subsection, the governor shall issue an
180	180	2022 IN 1131—LS 6548/DI 106 5
181	181	1 executive order or proclamation ending the state of disaster emergency.
182	182	2 All executive orders or proclamations issued under this subsection
183	183	3 must indicate the nature of the disaster, the area or areas threatened,
184	184	4 and the conditions which have brought the disaster about or that make
185	185	5 possible termination of the state of disaster emergency. An executive
186	186	6 order or proclamation under this subsection shall be disseminated
187	187	7 promptly by means calculated to bring the order's or proclamation's
188	188	8 contents to the attention of the general public. Unless the
189	189	9 circumstances attendant upon the disaster prevent or impede, an
190	190	10 executive order or proclamation shall be promptly filed with the
191	191	11 secretary of state and with the clerk of the city or town affected or with
192	192	12 the clerk of the circuit court.
193	193	13 (b) An executive order or proclamation of a state of disaster
194	194	14 emergency:
195	195	15 (1) activates the disaster response and recovery aspects of the
196	196	16 state, local, and interjurisdictional disaster emergency plans
197	197	17 applicable to the affected political subdivision or area; and
198	198	18 (2) is authority for:
199	199	19 (A) deployment and use of any forces to which the plan or
200	200	20 plans apply; and
201	201	21 (B) use or distribution of any supplies, equipment, materials,
202	202	22 and facilities assembled, stockpiled, or arranged to be made
203	203	23 available under this chapter or under any other law relating to
204	204	24 disaster emergencies.
205	205	25 (c) During the continuance of any state of disaster emergency, the
206	206	26 governor is commander-in-chief of the organized and unorganized
207	207	27 militia and of all other forces available for emergency duty. To the
208	208	28 greatest extent practicable, the governor shall delegate or assign
209	209	29 command authority by prior arrangement embodied in appropriate
210	210	30 executive orders or regulations. This section does not restrict the
211	211	31 governor's authority to delegate or assign command authority by orders
212	212	32 issued at the time of the disaster emergency.
213	213	33 (d) In addition to the governor's other powers, and subject to
214	214	34 sections 12.5 and 12.7 of this chapter, The governor may do the
215	215	35 following while the state of emergency exists:
216	216	36 (1) Suspend the provisions of any regulatory statute prescribing
217	217	37 the procedures for conduct of state business, or the orders, rules,
218	218	38 or regulations of any state agency if strict compliance with any of
219	219	39 these provisions would in any way prevent, hinder, or delay
220	220	40 necessary action in coping with the emergency.
221	221	41 (2) Use all available resources of the state government and of
222	222	42 each political subdivision of the state reasonably necessary to
223	223	2022 IN 1131—LS 6548/DI 106 6
224	224	1 cope with the disaster emergency.
225	225	2 (3) Transfer the direction, personnel, or functions of state
226	226	3 departments and agencies or units for performing or facilitating
227	227	4 emergency services.
228	228	5 (4) Subject to any applicable requirements for compensation
229	229	6 under section 31 of this chapter, commandeer or use any private
230	230	7 property if the governor finds this action necessary to cope with
231	231	8 the disaster emergency.
232	232	9 (5) Assist in the evacuation of all or part of the population from
233	233	10 any stricken or threatened area in Indiana if the governor
234	234	11 considers this action necessary for the preservation of life or other
235	235	12 disaster mitigation, response, or recovery.
236	236	13 (6) Prescribe routes, modes of transportation, and destinations in
237	237	14 connection with evacuation.
238	238	15 (7) Control ingress to and egress from a disaster area, the
239	239	16 movement of persons within the area, and the occupancy of
240	240	17 premises in the area.
241	241	18 (8) Suspend or limit the sale, dispensing, or transportation of
242	242	19 alcoholic beverages, explosives, and combustibles.
243	243	20 (9) Make provision for the availability and use of temporary
244	244	21 emergency housing.
245	245	22 (10) Allow persons who:
246	246	23 (A) are registered as volunteer health practitioners by an
247	247	24 approved registration system under IC 10-14-3.5; or
248	248	25 (B) hold a license to practice:
249	249	26 (i) medicine;
250	250	27 (ii) dentistry;
251	251	28 (iii) pharmacy;
252	252	29 (iv) nursing;
253	253	30 (v) engineering;
254	254	31 (vi) veterinary medicine;
255	255	32 (vii) mortuary service; and
256	256	33 (viii) similar other professions as may be specified by the
257	257	34 governor;
258	258	35 to practice their respective profession in Indiana during the period
259	259	36 of the state of emergency if the state in which a person's license
260	260	37 or registration was issued has a mutual aid compact for
261	261	38 emergency management with Indiana.
262	262	39 (11) Give specific authority to allocate drugs, foodstuffs, and
263	263	40 other essential materials and services.
264	264	41 SECTION 4. IC 10-14-3-12.5 IS REPEALED [EFFECTIVE JULY
265	265	42 1, 2022]. Sec. 12.5. (a) The following definitions apply throughout this
266	266	2022 IN 1131—LS 6548/DI 106 7
267	267	1 section:
268	268	2 (1) "Disaster emergency" means:
269	269	3 (A) a state or local disaster emergency declared under
270	270	4 IC 10-14-3; and
271	271	5 (B) an epidemic described in IC 16-19-3-10.
272	272	6 (2) "Religious organization" means an organization, a religious
273	273	7 society, a church or other house of worship, a body of
274	274	8 communicants, an educational institution, or a group organized
275	275	9 and operated for religious purposes, regardless of whether it is
276	276	10 integrated or affiliated with a church or other house of worship.
277	277	11 The term includes an officer, owner, employee, manager,
278	278	12 religious leader, clergy, or minister of an organization described
279	279	13 in this subdivision.
280	280	14 (3) "Religious service" means a meeting, a gathering, or an
281	281	15 assembly of two (2) or more persons organized by a religious
282	282	16 organization for the purpose of worship, teaching, training,
283	283	17 providing educational services, conducting religious rituals, or
284	284	18 other activities undertaken by the religious organization for the
285	285	19 exercise of religion.
286	286	20 (b) Religious organizations provide essential services that are
287	287	21 necessary for the health and welfare of the public during a disaster
288	288	22 emergency. Subject to section 12.7 of this chapter, the state and a
289	289	23 political subdivision may not impose restrictions on:
290	290	24 (1) the operation of a religious organization; or
291	291	25 (2) religious services;
292	292	26 that are more restrictive than the restrictions imposed on other
293	293	27 businesses and organizations that provide essential services to the
294	294	28 public.
295	295	29 (c) This section does not prohibit the state or a political subdivision
296	296	30 from requiring a religious organization to comply with a generally
297	297	31 applicable health, safety, or occupancy requirement that is neutral
298	298	32 towards religious organizations and equally applicable to any
299	299	33 organization or business that provides essential services. However, the
300	300	34 state or political subdivision may not enforce any health, safety, or
301	301	35 occupancy requirement that imposes a substantial burden on a religious
302	302	36 service unless the state or political subdivision demonstrates that
303	303	37 applying the burden to the religious service in this particular instance
304	304	38 is essential to further a compelling governmental interest and is the
305	305	39 least restrictive means of furthering that compelling governmental
306	306	40 interest.
307	307	41 (d) A person may assert a violation of this section as a claim against
308	308	42 the state or a political subdivision in any judicial or administrative
309	309	2022 IN 1131—LS 6548/DI 106 8
310	310	1 proceeding, or as a defense in any judicial or administrative
311	311	2 proceeding, without regard to whether the proceeding is brought by or
312	312	3 in the name of the state, political subdivision, or any other party.
313	313	4 SECTION 5. IC 10-14-3-12.7, AS ADDED BY P.L.99-2021,
314	314	5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
315	315	6 JULY 1, 2022]: Sec. 12.7. (a) As used in this section, "disaster
316	316	7 emergency" has the meaning set forth in section 12.5 of this chapter.
317	317	8 means:
318	318	9 (1) a state or local disaster emergency declared under this
319	319	10 chapter; and
320	320	11 (2) an epidemic described in IC 16-19-3-10.
321	321	12 (b) The state, a political subdivision, or an officer or employee of
322	322	13 the state or a political subdivision may not violate the rights of the
323	323	14 people guaranteed by the Constitution of the State of Indiana and
324	324	15 the Constitution of the United States. In accordance with Article 1,
325	325	16 Section 3 of the Constitution of the State of Indiana the state, a
326	326	17 political subdivision, or an officer or employee of the state or a
327	327	18 political subdivision may not restrict the right of the people to worship
328	328	19 or to worship in person during a disaster emergency.
329	329	20 SECTION 6. IC 10-14-3-13 IS AMENDED TO READ AS
330	330	21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) In addition to
331	331	22 the governor's existing powers and duties, the governor has the duties
332	332	23 and special energy emergency powers set forth in this section, subject
333	333	24 to the limitations in this chapter.
334	334	25 (b) (a) The governor may, upon finding that an energy emergency
335	335	26 exists, proclaim a state of energy emergency, at which time all the
336	336	27 general and specific emergency powers specified in this section and
337	337	28 section 14 of this chapter become effective.
338	338	29 (c) (b) A proclamation issued under this section and any order or
339	339	30 rule issued as a result of the proclamation continues in effect until sixty
340	340	31 (60) days after the date of the proclamation of the energy emergency
341	341	32 unless the governor rescinds the proclamation and declares the energy
342	342	33 emergency ended before the expiration of the sixty (60) day period.
343	343	34 (d) (c) The governor may not renew or extend a proclamation more
344	344	35 than once without approval of the general assembly.
345	345	36 (e) (d) The conditions of an energy emergency cease when the
346	346	37 governor declares the end of an energy emergency.
347	347	38 (f) In a declared state of energy emergency, the governor may do the
348	348	39 following:
349	349	40 (1) Implement programs, controls, standards, priorities, and
350	350	41 quotas for the conservation and consumption of energy, including
351	351	42 plans and commission regulations for the curtailment of energy if
352	352	2022 IN 1131—LS 6548/DI 106 9
353	353	1 the governor imposes controls, quotas, or curtailments according
354	354	2 to the nature of the end use to be made of the energy consistent
355	355	3 with existing transmission and distribution systems serving the
356	356	4 geographic area affected by the energy emergency.
357	357	5 (2) Suspend and modify state pollution control standards and
358	358	6 requirements affecting or affected by the use of energy, including
359	359	7 standards or requirements relating to air or water quality control.
360	360	8 (3) Establish and implement intrastate regional programs and
361	361	9 agreements for the purposes of coordinating the energy program
362	362	10 and actions of the state with the federal government and other
363	363	11 states, localities, and other persons.
364	364	12 (4) Designate the execution and enforcement of emergency orders
365	365	13 to a state agency that regulates the energy form, resource, or
366	366	14 suppliers that are the subject of the proclaimed emergency.
367	367	15 (5) Suspend the provisions of any state statute regulating
368	368	16 transportation or the orders or rules of any state agency if strict
369	369	17 compliance with any of the provisions would prevent, hinder, or
370	370	18 delay necessary action in coping with the energy emergency.
371	371	19 (g) Restrictions, curtailments, or adjustments under subsection (f)
372	372	20 must:
373	373	21 (1) be ordered and continue only as long as demonstrably
374	374	22 necessary for the maintenance of essential services or
375	375	23 transportation or for the continued operation of the economy but
376	376	24 not longer than the proclamation's duration;
377	377	25 (2) be applied as uniformly as practicable within each class of
378	378	26 suppliers and consumers and without discrimination within a
379	379	27 class; and
380	380	28 (3) give due consideration to:
381	381	29 (A) the implementation of involuntary measures only after
382	382	30 voluntary measures have been determined to be ineffective;
383	383	31 (B) protection of public health and safety;
384	384	32 (C) maintenance of vital activities, including but not limited to
385	385	33 food, shelter, fuel, and medical care;
386	386	34 (D) minimization of economic impact on commercial, retail,
387	387	35 professional, agricultural, and service establishments;
388	388	36 (E) cooperation with other state, local, and federal
389	389	37 governments to avoid duplicating efforts; and
390	390	38 (F) maintenance of public information channels.
391	391	39 (h) This section does not mean that any program, control, standard,
392	392	40 priority quota, or other policy created under the authority of the
393	393	41 emergency powers authorized by this section has any continuing legal
394	394	42 effect after the cessation of a declared state of energy emergency.
395	395	2022 IN 1131—LS 6548/DI 106 10
396	396	1 (i) Except as provided in this section, this chapter does not exempt
397	397	2 a person from compliance with the provisions of any other law, rule, or
398	398	3 directive unless:
399	399	4 (1) specifically ordered by the governor; or
400	400	5 (2) impossibility of compliance is a direct result of the governor's
401	401	6 order.
402	402	7 (j) (e) A proclamation issued under this section shall be:
403	403	8 (1) disseminated promptly and in a manner calculated to inform
404	404	9 the general public of its contents; and
405	405	10 (2) filed promptly with the secretary of state and the clerk of each
406	406	11 circuit court of Indiana.
407	407	12 SECTION 7. IC 10-14-3-14 IS AMENDED TO READ AS
408	408	13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) In determining
409	409	14 whether to declare an energy emergency under section 13 of this
410	410	15 chapter, the governor shall consider:
411	411	16 (1) the availability of regional and national energy resources;
412	412	17 (2) local, state, regional, and national energy needs and shortages;
413	413	18 (3) the availability of short term alternative supplies on a local,
414	414	19 state, regional, and national basis;
415	415	20 (4) the economic effect of the declaration and the implementation
416	416	21 of any curtailment or conservation plans; and
417	417	22 (5) any other relevant factors.
418	418	23 (b) To protect the public welfare during conditions of energy
419	419	24 emergencies proclaimed under section 13 of this chapter, the governing
420	420	25 body of each city, town, or political subdivision of the state and each
421	421	26 state agency (including the utility regulatory commission) shall carry
422	422	27 out in the body's or agency's jurisdiction energy supply emergency
423	423	28 measures ordered by the governor.
424	424	29 (c) To attain uniformity throughout the country in measures taken
425	425	30 to aid in energy crisis management, all:
426	426	31 (1) action taken under this section and section 13 of this chapter;
427	427	32 and
428	428	33 (2) orders and rules made under this section and section 13 of this
429	429	34 chapter;
430	430	35 must be taken or made consistent with federal orders, rules, actions,
431	431	36 recommendations, and requests.
432	432	37 (d) A person shall comply with a specific order issued or action
433	433	38 taken by the governor under this section or section 13 of this chapter.
434	434	39 (e) During a state of energy emergency proclaimed under section 13
435	435	40 of this chapter, the governor may:
436	436	41 (1) subpoena:
437	437	42 (A) witnesses;
438	438	2022 IN 1131—LS 6548/DI 106 11
439	439	1 (B) material;
440	440	2 (C) relevant books;
441	441	3 (D) papers;
442	442	4 (E) accounts;
443	443	5 (F) records; and
444	444	6 (G) memoranda;
445	445	7 (2) administer oaths; and
446	446	8 (3) cause the depositions of persons residing within or outside
447	447	9 Indiana to be taken in the manner prescribed for depositions in
448	448	10 civil actions;
449	449	11 to obtain information relevant to energy resources that are the subject
450	450	12 of the proclaimed emergency.
451	451	13 (f) In obtaining information under subsection (e), the governor shall:
452	452	14 (1) avoid eliciting information already furnished by a person or
453	453	15 political subdivision in Indiana to a federal, state, or local
454	454	16 regulatory authority that is available for the governor's study; and
455	455	17 (2) cause reporting procedures, including forms, to conform to
456	456	18 existing requirements of federal, state, and local regulatory
457	457	19 authorities wherever possible.
458	458	20 (g) Information obtained under this section from a person who
459	459	21 designates that information as confidential shall be maintained as
460	460	22 confidential by the governor and by any person who obtains
461	461	23 information that the person knows to be confidential under this chapter.
462	462	24 The governor may not make known in any manner any particulars of
463	463	25 information to persons other than those specified in subsection (j).
464	464	26 (h) This section does not prohibit the use of confidential information
465	465	27 to prepare statistics or other general data for publication if the
466	466	28 information is presented in a manner that prevents identification of the
467	467	29 particular persons.
468	468	30 (i) A person who is served with a subpoena to:
469	469	31 (1) give testimony orally or in writing; or
470	470	32 (2) produce books, papers, correspondence, memoranda,
471	471	33 agreements, or other documents or records;
472	472	34 under this chapter may apply to an Indiana court for protection against
473	473	35 abuse or hardship in the manner provided by law.
474	474	36 (j) For purposes of this section, references to the governor in this
475	475	37 section include any other individual designated in writing by the
476	476	38 governor. A person designated by the governor shall preserve the
477	477	39 confidentiality of information in accordance with subsection (g).
478	478	40 (k) The powers vested in the governor under this section and section
479	479	41 13 of this chapter are in addition to and not instead of emergency
480	480	42 powers vested in the governor under this chapter or any other state law.
481	481	2022 IN 1131—LS 6548/DI 106 12
482	482	1 (l) (b) The governor may authorize the incurring of liabilities and
483	483	2 expenses to be paid as other claims against the state from the general
484	484	3 fund in the amount necessary if:
485	485	4 (1) an energy emergency is declared by the governor; and
486	486	5 (2) the energy emergency justifies the expenditure;
487	487	6 in accordance with section 28 of this chapter for other emergency or
488	488	7 disaster expenditures.
489	489	8 SECTION 8. IC 10-14-3-20 IS REPEALED [EFFECTIVE JULY 1,
490	490	9 2022]. Sec. 20. The governor may:
491	491	10 (1) formulate and execute plans and regulations for the control of
492	492	11 traffic in order to provide for the rapid and safe movement of
493	493	12 evacuation over public highways and streets of:
494	494	13 (A) people;
495	495	14 (B) troops; or
496	496	15 (C) vehicles and materials;
497	497	16 for national defense or for use in any defense industry; and
498	498	17 (2) coordinate the activities of the departments or agencies of the
499	499	18 state and political subdivisions of the state concerned directly or
500	500	19 indirectly with public highways and streets in a manner that will
501	501	20 best effectuate the plans.
502	502	21 SECTION 9. IC 10-14-3-22, AS AMENDED BY P.L.156-2020,
503	503	22 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
504	504	23 JULY 1, 2022]: Sec. 22. (a) The political subdivisions and agencies
505	505	24 designated or appointed by the governor may make, amend, and rescind
506	506	25 orders, rules, and regulations as necessary for emergency management
507	507	26 purposes and to supplement the carrying out of this chapter that are not
508	508	27 inconsistent with
509	509	28 (1) orders, rules, or regulations adopted by the governor or by a
510	510	29 state agency exercising a power delegated to it by the governor;
511	511	30 and
512	512	31 (2) the:
513	513	32 (A) (1) emergency management program; and
514	514	33 (B) (2) emergency operations plan;
515	515	34 of the county in which the political subdivision is located.
516	516	35 (b) Orders, rules, and regulations have the full force and effect of
517	517	36 law when
518	518	37 (1) adopted by the governor or any state agency and a copy is
519	519	38 filed:
520	520	39 (A) in the office of the secretary of state; or
521	521	40 (B) with the publisher (as defined in IC 4-22-2-3(f)) under
522	522	41 IC 4-22-2; and
523	523	42 mailed to all members of the county emergency management
524	524	2022 IN 1131—LS 6548/DI 106 13
525	525	1 advisory council at their last known addresses; or
526	526	2 (2) filed in the office of the clerk of the adopting or promulgating
527	527	3 political subdivision or agency of the state if adopted by a
528	528	4 political subdivision or agency authorized by this chapter to make
529	529	5 orders, rules, and regulations.
530	530	6 SECTION 10. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
531	531	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
532	532	8 JULY 1, 2022]: Sec. 29. (a) A local disaster emergency:
533	533	9 (1) may be declared only by the principal executive officer of a
534	534	10 political subdivision; and
535	535	11 (2) may not be continued or renewed for more than seven (7) days
536	536	12 except by or with the consent of the governing board of the
537	537	13 political subdivision.
538	538	14 Any order or proclamation declaring, continuing, or terminating a local
539	539	15 disaster emergency shall be given prompt and general publicity and
540	540	16 shall be filed promptly in the office of the clerk of the political
541	541	17 subdivision.
542	542	18 (b) The effect of a declaration of a local disaster emergency is to:
543	543	19 (1) activate the response and recovery aspects of all applicable
544	544	20 local or interjurisdictional disaster emergency plans; and
545	545	21 (2) authorize the furnishing of aid and assistance under the plans.
546	546	22 (c) An interjurisdictional agency or official may not declare a local
547	547	23 disaster emergency unless expressly authorized by the agreement under
548	548	24 which the agency functions. However, an interjurisdictional disaster
549	549	25 agency shall provide aid and services according to the agreement.
550	550	26 (d) If a local disaster emergency is declared under this section, the
551	551	27 political subdivision may not prohibit individuals engaged in
552	552	28 employment necessary to:
553	553	29 (1) maintain a safe rail system;
554	554	30 (2) restore utility service; or
555	555	31 (3) provide any other emergency public service;
556	556	32 from traveling on the highways within the political subdivision during
557	557	33 the local disaster emergency.
558	558	34 (e) If a local disaster emergency is declared under this section, the
559	559	35 political subdivision may not prohibit individuals trained and certified
560	560	36 as first response broadcasters, as set forth in section 22.5 of this
561	561	37 chapter, from traveling on the highways within the political subdivision
562	562	38 during the local disaster emergency.
563	563	39 (f) If a local emergency is declared under this section, the political
564	564	40 subdivision may not prohibit individuals trained and certified as first
565	565	41 response communications service providers, as set forth in section 22.6
566	566	42 of this chapter, from traveling on the highways within the political
567	567	2022 IN 1131—LS 6548/DI 106 14
568	568	1 subdivision during the local disaster emergency.
569	569	2 (g) If a local emergency is declared under this section, the political
570	570	3 subdivision must comply with sections 12.5 and section 12.7 of this
571	571	4 chapter.
572	572	5 SECTION 11. IC 10-14-3-29.5, AS AMENDED BY P.L.99-2021,
573	573	6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
574	574	7 JULY 1, 2022]: Sec. 29.5. (a) If the principal executive officer of a
575	575	8 political subdivision issues a local travel advisory as part of an
576	576	9 emergency declaration under section 29 of this chapter, the principal
577	577	10 executive officer shall designate the travel advisory as falling into one
578	578	11 (1) of the following categories:
579	579	12 (1) "Advisory", the lowest level of local travel advisory, means
580	580	13 that routine travel or activities may be restricted in areas because
581	581	14 of a hazardous situation, and individuals should use caution or
582	582	15 avoid those areas.
583	583	16 (2) "Watch" means that conditions are threatening to the safety of
584	584	17 the public. During a "watch" local travel advisory, only essential
585	585	18 travel, such as to and from work or in emergency situations, is
586	586	19 recommended, and emergency action plans should be
587	587	20 implemented by businesses, schools, government agencies, and
588	588	21 other organizations.
589	589	22 (3) "Warning", the highest level of local travel advisory, means
590	590	23 that travel may be restricted to emergency management workers
591	591	24 only. During a "warning" local travel advisory, individuals are
592	592	25 directed to:
593	593	26 (A) refrain from all travel;
594	594	27 (B) comply with necessary emergency measures;
595	595	28 (C) cooperate with public officials and disaster services forces
596	596	29 in executing emergency operations plans; and
597	597	30 (D) obey and comply with the lawful directions of properly
598	598	31 identified officers.
599	599	32 Further and more specific restrictions, including parking
600	600	33 restrictions, may be included in a "warning" local travel advisory.
601	601	34 (b) If the emergency management agency director or the principal
602	602	35 executive officer of a political subdivision determines that conditions
603	603	36 within the political subdivision have created the need for travel
604	604	37 advisory restrictions without a local disaster emergency declaration
605	605	38 under section 29 of this chapter, the emergency management agency
606	606	39 director or the principal executive officer may issue an "advisory" or a
607	607	40 "watch" level travel advisory.
608	608	41 (c) A "warning" level travel advisory may be issued only after a
609	609	42 local disaster emergency is declared under section 29 of this chapter.
610	610	2022 IN 1131—LS 6548/DI 106 15
611	611	1 (d) An advisory issued under this section is subject to sections 12.5
612	612	2 and section 12.7 of this chapter.
613	613	3 SECTION 12. IC 16-18-2-200, AS AMENDED BY P.L.219-2021,
614	614	4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
615	615	5 JULY 1, 2022]: Sec. 200. (a) Except as provided in subsections (b) and
616	616	6 (c), "legislative body" has the meaning set forth in IC 36-1-2-9.
617	617	7 (b) For purposes of IC 16-20-1-21.5 and IC 16-20-1-24, "legislative
618	618	8 body" has the meaning set forth in IC 16-20-1-21.5(c).
619	619	9 (c) For purposes of IC 16-20-5.5, "legislative body" has the meaning
620	620	10 set forth in IC 16-20-5.5-1.
621	621	11 SECTION 13. IC 16-19-3-10, AS AMENDED BY P.L.99-2021,
622	622	12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
623	623	13 JULY 1, 2022]: Sec. 10. (a) The state department may order schools
624	624	14 closed and forbid public gatherings when considered necessary to
625	625	15 prevent and stop epidemics.
626	626	16 (b) The state department may order a religious organization closed
627	627	17 only if the order complies with IC 10-14-3-12.5 through
628	628	18 IC 10-14-3-12.7.
629	629	19 (c) An order issued under this section expires after fourteen (14)
630	630	20 days, unless the general assembly specifically authorizes a renewal
631	631	21 of the order and the state department renews the order in
632	632	22 accordance with the general assembly's authorization.
633	633	23 SECTION 14. IC 16-20-1-24, AS AMENDED BY P.L.99-2021,
634	634	24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
635	635	25 JULY 1, 2022]: Sec. 24. (a) Local health officers may order schools
636	636	26 closed and forbid public gatherings when considered necessary to
637	637	27 prevent and stop epidemics.
638	638	28 (b) A local health officer may order a religious organization closed
639	639	29 only if the order complies with IC 10-14-3-12.5 through
640	640	30 IC 10-14-3-12.7.
641	641	31 (c) An individual who takes action under this section shall comply
642	642	32 with state laws and rules.
643	643	33 (d) An order issued under this section expires after fourteen (14)
644	644	34 days, unless the legislative body specifically authorizes a renewal
645	645	35 of the order and the local health officer renews the order in
646	646	36 accordance with the legislative body's authorization.
647	647	2022 IN 1131—LS 6548/DI 106