Indiana 2023 Regular Session

Indiana House Bill HB1262 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. 1262
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-9.1; IC 6-8-13-2; IC 10-14-3; IC 16-19;
7	7	IC 16-20-1; IC 16-22-8-31.
8	8	Synopsis: Emergency powers. Provides that the orders, rules, and
9	9	regulations made, amended, or rescinded by the governor must be
10	10	narrowly tailored to serve a compelling public health or safety interest.
11	11	Provides that if the governor declares a state of disaster emergency, the
12	12	state of disaster emergency expires not later than 30 days after the
13	13	declaration and may not be renewed. Provides that the governor may
14	14	suspend certain regulatory statutes only to the extent necessary to carry
15	15	out certain emergency responses. Provides that the governor may not
16	16	suspend any provision of any regulatory statute if that suspension
17	17	infringes upon any right or protection guaranteed or provided in the
18	18	Constitution of the United States or the Constitution of the State of
19	19	Indiana. Provides that nothing may be construed to authorize the
20	20	executive board of the Indiana department of health to suspend any
21	21	law, ordinance, or regulation enacted by the general assembly or other
22	22	legislative body as part of a rule adopted by the executive board.
23	23	Provides that the Indiana department of health may establish quarantine
24	24	and may do what is reasonable and necessary for the prevention and
25	25	suppression of disease if the Indiana department of health is authorized
26	26	to do so in a declared disaster emergency. Provides that the Indiana
27	27	department of health may order schools closed and forbid public
28	28	gatherings when considered necessary to prevent and stop epidemics
29	29	if the Indiana department of health is specifically authorized to do so
30	30	in an emergency declaration. Provides that certain actions authorized
31	31	by the commissioner of the Indiana department of health, local health
32	32	(Continued next page)
33	33	Effective: Upon passage.
34	34	Lucas, Morrison
35	35	January 11, 2023, read first time and referred to Committee on Public Health.
36	36	2023 IN 1262—LS 6768/DI 116 Digest Continued
37	37	boards, or local health officers may not be construed to authorize the
38	38	commissioner, board, or official to suspend any law or regulation
39	39	enacted by the general assembly or other legislative body unless
40	40	otherwise specifically authorized by a declared disaster emergency.
41	41	Repeals provisions relating to the governor's authority to establish an
42	42	energy emergency.
43	43	2023 IN 1262—LS 6768/DI 1162023 IN 1262—LS 6768/DI 116 Introduced
44	44	First Regular Session of the 123rd General Assembly (2023)
45	45	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
46	46	Constitution) is being amended, the text of the existing provision will appear in this style type,
47	47	additions will appear in this style type, and deletions will appear in this style type.
48	48	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
49	49	provision adopted), the text of the new provision will appear in this style type. Also, the
50	50	word NEW will appear in that style type in the introductory clause of each SECTION that adds
51	51	a new provision to the Indiana Code or the Indiana Constitution.
52	52	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
53	53	between statutes enacted by the 2022 Regular Session of the General Assembly.
54	54	HOUSE BILL No. 1262
55	55	A BILL FOR AN ACT to amend the Indiana Code concerning
56	56	public safety.
57	57	Be it enacted by the General Assembly of the State of Indiana:
58	58	1 SECTION 1. IC 4-6-9.1-1 IS AMENDED TO READ AS
59	59	2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Sections 1
60	60	3 through 7 of this chapter apply to the period during which an
61	61	4 emergency is declared and the twenty-four (24) hours before the
62	62	5 declaration by the governor under IC 10-14-3-12. or IC 10-14-3-13.
63	63	6 (b) The definitions in IC 10-14-3 apply to this chapter.
64	64	7 SECTION 2. IC 4-6-9.1-7 IS AMENDED TO READ AS
65	65	8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. This chapter
66	66	9 preempts the power of local governments to regulate pricing of
67	67	10 commodities under a declaration of emergency:
68	68	11 (1) under IC 10-14-3-12; or
69	69	12 (2) under IC 10-14-3-13; or
70	70	13 (3) (2) by a local government.
71	71	14 SECTION 3. IC 6-8-13-2, AS ADDED BY P.L.293-2013(ts),
72	72	15 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73	73	2023 IN 1262—LS 6768/DI 116 2
74	74	1 UPON PASSAGE]: Sec. 2. As used in this chapter, "disaster
75	75	2 emergency" means the following:
76	76	3 (1) A disaster emergency declared under IC 10-14-3-12.
77	77	4 (2) A state of energy emergency declared under IC 10-14-3-13.
78	78	5 (3) (2) A local disaster emergency declared under IC 10-14-3-29.
79	79	6 (4) (3) A request by a registered business for disaster or
80	80	7 emergency assistance under a mutual assistance agreement.
81	81	8 SECTION 4. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
82	82	9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
83	83	10 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
84	84	11 control of the agency and is responsible for carrying out this chapter.
85	85	12 In the event of disaster or emergency beyond local control, the
86	86	13 governor may assume direct operational control over all or any part of
87	87	14 the emergency management functions within Indiana.
88	88	15 (b) In performing the governor's duties under this chapter, the
89	89	16 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
90	90	17 following:
91	91	18 (1) Make, amend, and rescind the necessary orders, rules, and
92	92	19 regulations to carry out this chapter with due consideration of the
93	93	20 plans of the federal government. However, the orders, rules,
94	94	21 and regulations that are made, amended, or rescinded must be
95	95	22 narrowly tailored to serve a compelling public health or safety
96	96	23 interest.
97	97	24 (2) Cooperate with the President of the United States and the
98	98	25 heads of the armed forces, the Federal Emergency Management
99	99	26 Agency, and the officers and agencies of other states in matters
100	100	27 pertaining to emergency management and disaster preparedness,
101	101	28 response, and recovery of the state and nation. In cooperating
102	102	29 under this subdivision, the governor may take any measures that
103	103	30 the governor considers proper to carry into effect any request of
104	104	31 the President of the United States and the appropriate federal
105	105	32 officers and agencies for any emergency management action,
106	106	33 including the direction or control of disaster preparations,
107	107	34 including the following:
108	108	35 (A) Mobilizing emergency management forces and other tests
109	109	36 and exercises.
110	110	37 (B) Providing warnings and signals for drills, actual
111	111	38 emergencies, or disasters.
112	112	39 (C) Shutting off water mains, gas mains, and electric power
113	113	40 connections and suspending any other utility service.
114	114	41 (D) Conducting civilians and the movement and cessation of
115	115	42 movement of pedestrians and vehicular traffic during, before,
116	116	2023 IN 1262—LS 6768/DI 116 3
117	117	1 and after drills, actual emergencies, or other disasters.
118	118	2 (E) Holding public meetings or gatherings.
119	119	3 (F) Evacuating and receiving the civilian population.
120	120	4 (3) Take any action and give any direction to state and local law
121	121	5 enforcement officers and agencies as may be reasonable and
122	122	6 necessary for securing compliance with this chapter and with any
123	123	7 orders, rules, and regulations made under this chapter.
124	124	8 (4) Employ any measure and give any direction to the Indiana
125	125	9 state department of health or local boards of health as is
126	126	10 reasonably necessary for securing compliance with this chapter or
127	127	11 with the findings or recommendations of the Indiana state
128	128	12 department of health or local boards of health because of
129	129	13 conditions arising from actual or threatened:
130	130	14 (A) national security emergencies; or
131	131	15 (B) manmade or natural disasters or emergencies.
132	132	16 (5) Use the services and facilities of existing officers, agencies of
133	133	17 the state, and of political subdivisions. All officers and agencies
134	134	18 of the state and of political subdivisions shall cooperate with and
135	135	19 extend services and facilities to the governor as the governor may
136	136	20 request.
137	137	21 (6) Establish agencies and offices and appoint executive,
138	138	22 technical, clerical, and other personnel necessary to carry out this
139	139	23 chapter, including the appointment of full-time state and area
140	140	24 directors.
141	141	25 SECTION 5. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
142	142	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143	143	27 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
144	144	28 emergency by executive order or proclamation if the governor
145	145	29 determines that a disaster has occurred or that the occurrence or the
146	146	30 threat of a disaster is imminent. The state of disaster emergency
147	147	31 continues until the governor:
148	148	32 (1) determines that the threat or danger has passed or the disaster
149	149	33 has been dealt with to the extent that emergency conditions no
150	150	34 longer exist; and
151	151	35 (2) terminates the state of disaster emergency by executive order
152	152	36 or proclamation.
153	153	37 A state of disaster emergency may not continue for longer than thirty
154	154	38 (30) days. unless the state of disaster emergency is renewed by the
155	155	39 governor. The state of disaster emergency may not be renewed by
156	156	40 the governor. The general assembly, by concurrent resolution, may
157	157	41 terminate a state of disaster emergency at any time. If the general
158	158	42 assembly terminates a state of disaster emergency under this
159	159	2023 IN 1262—LS 6768/DI 116 4
160	160	1 subsection, the governor shall issue an executive order or proclamation
161	161	2 ending the state of disaster emergency. All executive orders or
162	162	3 proclamations issued under this subsection must indicate the nature of
163	163	4 the disaster, the area or areas threatened, and the conditions which have
164	164	5 brought the disaster about or that make possible termination of the state
165	165	6 of disaster emergency. An executive order or proclamation under this
166	166	7 subsection shall be disseminated promptly by means calculated to bring
167	167	8 the order's or proclamation's contents to the attention of the general
168	168	9 public. Unless the circumstances attendant upon the disaster prevent or
169	169	10 impede, an executive order or proclamation shall be promptly filed
170	170	11 with the secretary of state and with the clerk of the city or town affected
171	171	12 or with the clerk of the circuit court.
172	172	13 (b) An executive order or proclamation of a state of disaster
173	173	14 emergency:
174	174	15 (1) activates the disaster response and recovery aspects of the
175	175	16 state, local, and interjurisdictional disaster emergency plans
176	176	17 applicable to the affected political subdivision or area; and
177	177	18 (2) is authority for:
178	178	19 (A) deployment and use of any forces to which the plan or
179	179	20 plans apply; and
180	180	21 (B) use or distribution of any supplies, equipment, materials,
181	181	22 and facilities assembled, stockpiled, or arranged to be made
182	182	23 available under this chapter or under any other law relating to
183	183	24 disaster emergencies.
184	184	25 (c) During the continuance of any state of disaster emergency, the
185	185	26 governor is commander-in-chief of the organized and unorganized
186	186	27 militia and of all other forces available for emergency duty. To the
187	187	28 greatest extent practicable, the governor shall delegate or assign
188	188	29 command authority by prior arrangement embodied in appropriate
189	189	30 executive orders or regulations. This section does not restrict the
190	190	31 governor's authority to delegate or assign command authority by orders
191	191	32 issued at the time of the disaster emergency.
192	192	33 (d) In addition to the governor's other powers, and subject to
193	193	34 sections 12.5 and 12.7 of this chapter, the governor may do the
194	194	35 following while the state of emergency exists:
195	195	36 (1) Subject to subsection (e), suspend the provisions of any
196	196	37 regulatory statute prescribing the procedures for conduct of state
197	197	38 business, or the orders, rules, or regulations of any state agency if
198	198	39 strict compliance with any of these provisions would in any way
199	199	40 prevent, hinder, or delay necessary action in coping with the
200	200	41 emergency. only to the extent necessary to directly carry out
201	201	42 subdivisions (2) through (11).
202	202	2023 IN 1262—LS 6768/DI 116 5
203	203	1 (2) Use all available resources of the state government and of
204	204	2 each political subdivision of the state only to the extent
205	205	3 necessary to reasonably necessary to cope with the disaster
206	206	4 emergency.
207	207	5 (3) Transfer the direction, personnel, or functions of state
208	208	6 departments and agencies or units for performing or facilitating
209	209	7 emergency services.
210	210	8 (4) Subject to any applicable requirements for compensation
211	211	9 under section 31 of this chapter and only to the extent necessary
212	212	10 to cope with the disaster emergency, commandeer or use any
213	213	11 private property if the governor finds this action necessary to cope
214	214	12 with the disaster emergency.
215	215	13 (5) Assist in the evacuation of all or part of the population from
216	216	14 any stricken or threatened area in Indiana if the governor
217	217	15 considers this action necessary for the preservation of life or other
218	218	16 disaster mitigation, response, or recovery.
219	219	17 (6) Prescribe routes, modes of transportation, and destinations in
220	220	18 connection with evacuation.
221	221	19 (7) Control ingress to and egress from a disaster area, the
222	222	20 movement of persons within the area, and the occupancy of
223	223	21 premises in the area.
224	224	22 (8) Only to the extent necessary to cope with the disaster
225	225	23 emergency, suspend or limit the sale, dispensing, or
226	226	24 transportation of alcoholic beverages, explosives, and
227	227	25 combustibles.
228	228	26 (9) Make provision for the availability and use of temporary
229	229	27 emergency housing.
230	230	28 (10) Allow persons who:
231	231	29 (A) are registered as volunteer health practitioners by an
232	232	30 approved registration system under IC 10-14-3.5; or
233	233	31 (B) hold a license to practice:
234	234	32 (i) medicine;
235	235	33 (ii) dentistry;
236	236	34 (iii) pharmacy;
237	237	35 (iv) nursing;
238	238	36 (v) engineering;
239	239	37 (vi) veterinary medicine;
240	240	38 (vii) mortuary service; and
241	241	39 (viii) similar other professions as may be specified by the
242	242	40 governor;
243	243	41 to practice their respective profession in Indiana during the period
244	244	42 of the state of emergency if the state in which a person's license
245	245	2023 IN 1262—LS 6768/DI 116 6
246	246	1 or registration was issued has a mutual aid compact for
247	247	2 emergency management with Indiana.
248	248	3 (11) Give specific authority to allocate drugs, foodstuffs, and
249	249	4 other essential materials and services.
250	250	5 (e) The governor may not suspend any provision of any
251	251	6 regulatory statute if that suspension infringes upon any right or
252	252	7 protection that is guaranteed or provided in the Constitution of the
253	253	8 United States or the Constitution of the State of Indiana.
254	254	9 SECTION 6. IC 10-14-3-12.5, AS ADDED BY P.L.99-2021,
255	255	10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
256	256	11 UPON PASSAGE]: Sec. 12.5. (a) The following definitions apply
257	257	12 throughout this section:
258	258	13 (1) "Disaster emergency" means
259	259	14 (A) a state or local disaster emergency declared under
260	260	15 IC 10-14-3. this chapter. and
261	261	16 (B) an epidemic described in IC 16-19-3-10.
262	262	17 (2) "Religious organization" means an organization, a religious
263	263	18 society, a church or other house of worship, a body of
264	264	19 communicants, an educational institution, or a group organized
265	265	20 and operated for religious purposes, regardless of whether it is
266	266	21 integrated or affiliated with a church or other house of worship.
267	267	22 The term includes an officer, owner, employee, manager,
268	268	23 religious leader, clergy, or minister of an organization described
269	269	24 in this subdivision.
270	270	25 (3) "Religious service" means a meeting, a gathering, or an
271	271	26 assembly of two (2) or more persons organized by a religious
272	272	27 organization for the purpose of worship, teaching, training,
273	273	28 providing educational services, conducting religious rituals, or
274	274	29 other activities undertaken by the religious organization for the
275	275	30 exercise of religion.
276	276	31 (b) Religious organizations provide essential services that are
277	277	32 necessary for the health and welfare of the public during a disaster
278	278	33 emergency. Subject to section 12.7 of this chapter, the state and a
279	279	34 political subdivision may not impose restrictions on:
280	280	35 (1) the operation of a religious organization; or
281	281	36 (2) religious services;
282	282	37 that are more restrictive than the restrictions imposed on other
283	283	38 businesses and organizations that provide essential services to the
284	284	39 public.
285	285	40 (c) This section does not prohibit the state or a political subdivision
286	286	41 from requiring a religious organization to comply with a generally
287	287	42 applicable health, safety, or occupancy requirement that is neutral
288	288	2023 IN 1262—LS 6768/DI 116 7
289	289	1 towards religious organizations and equally applicable to any
290	290	2 organization or business that provides essential services. However, the
291	291	3 state or political subdivision may not enforce any health, safety, or
292	292	4 occupancy requirement that imposes a substantial burden on a religious
293	293	5 service unless the state or political subdivision demonstrates that
294	294	6 applying the burden to the religious service in this particular instance
295	295	7 is essential to further a compelling governmental interest and is the
296	296	8 least restrictive means of furthering that compelling governmental
297	297	9 interest.
298	298	10 (d) A person may assert a violation of this section as a claim against
299	299	11 the state or a political subdivision in any judicial or administrative
300	300	12 proceeding, or as a defense in any judicial or administrative
301	301	13 proceeding, without regard to whether the proceeding is brought by or
302	302	14 in the name of the state, political subdivision, or any other party.
303	303	15 SECTION 7. IC 10-14-3-13 IS REPEALED [EFFECTIVE UPON
304	304	16 PASSAGE]. Sec. 13. (a) In addition to the governor's existing powers
305	305	17 and duties, the governor has the duties and special energy emergency
306	306	18 powers set forth in this section, subject to the limitations in this
307	307	19 chapter.
308	308	20 (b) The governor may, upon finding that an energy emergency
309	309	21 exists, proclaim a state of energy emergency at which time all the
310	310	22 general and specific emergency powers specified in this section and
311	311	23 section 14 of this chapter become effective.
312	312	24 (c) A proclamation issued under this section and any order or rule
313	313	25 issued as a result of the proclamation continues in effect until sixty (60)
314	314	26 days after the date of the proclamation of the energy emergency unless
315	315	27 the governor rescinds the proclamation and declares the energy
316	316	28 emergency ended before the expiration of the sixty (60) day period.
317	317	29 (d) The governor may not renew or extend a proclamation more than
318	318	30 once without approval of the general assembly.
319	319	31 (e) The conditions of an energy emergency cease when the governor
320	320	32 declares the end of an energy emergency.
321	321	33 (f) In a declared state of energy emergency, the governor may do the
322	322	34 following:
323	323	35 (1) Implement programs, controls, standards, priorities, and
324	324	36 quotas for the conservation and consumption of energy, including
325	325	37 plans and commission regulations for the curtailment of energy if
326	326	38 the governor imposes controls, quotas, or curtailments according
327	327	39 to the nature of the end use to be made of the energy consistent
328	328	40 with existing transmission and distribution systems serving the
329	329	41 geographic area affected by the energy emergency.
330	330	42 (2) Suspend and modify state pollution control standards and
331	331	2023 IN 1262—LS 6768/DI 116 8
332	332	1 requirements affecting or affected by the use of energy, including
333	333	2 standards or requirements relating to air or water quality control.
334	334	3 (3) Establish and implement intrastate regional programs and
335	335	4 agreements for the purposes of coordinating the energy program
336	336	5 and actions of the state with the federal government and other
337	337	6 states, localities, and other persons.
338	338	7 (4) Designate the execution and enforcement of emergency orders
339	339	8 to a state agency that regulates the energy form, resource, or
340	340	9 suppliers that are the subject of the proclaimed emergency.
341	341	10 (5) Suspend the provisions of any state statute regulating
342	342	11 transportation or the orders or rules of any state agency if strict
343	343	12 compliance with any of the provisions would prevent, hinder, or
344	344	13 delay necessary action in coping with the energy emergency.
345	345	14 (g) Restrictions, curtailments, or adjustments under subsection (f)
346	346	15 must:
347	347	16 (1) be ordered and continue only as long as demonstrably
348	348	17 necessary for the maintenance of essential services or
349	349	18 transportation or for the continued operation of the economy but
350	350	19 not longer than the proclamation's duration;
351	351	20 (2) be applied as uniformly as practicable within each class of
352	352	21 suppliers and consumers and without discrimination within a
353	353	22 class; and
354	354	23 (3) give due consideration to:
355	355	24 (A) the implementation of involuntary measures only after
356	356	25 voluntary measures have been determined to be ineffective;
357	357	26 (B) protection of public health and safety;
358	358	27 (C) maintenance of vital activities, including but not limited to
359	359	28 food, shelter, fuel, and medical care;
360	360	29 (D) minimization of economic impact on commercial, retail,
361	361	30 professional, agricultural, and service establishments;
362	362	31 (E) cooperation with other state, local, and federal
363	363	32 governments to avoid duplicating efforts; and
364	364	33 (F) maintenance of public information channels.
365	365	34 (h) This section does not mean that any program, control, standard,
366	366	35 priority quota, or other policy created under the authority of the
367	367	36 emergency powers authorized by this section has any continuing legal
368	368	37 effect after the cessation of a declared state of energy emergency.
369	369	38 (i) Except as provided in this section, this chapter does not exempt
370	370	39 a person from compliance with the provisions of any other law, rule, or
371	371	40 directive unless:
372	372	41 (1) specifically ordered by the governor; or
373	373	42 (2) impossibility of compliance is a direct result of the governor's
374	374	2023 IN 1262—LS 6768/DI 116 9
375	375	1 order.
376	376	2 (j) A proclamation issued under this section shall be:
377	377	3 (1) disseminated promptly and in a manner calculated to inform
378	378	4 the general public of its contents; and
379	379	5 (2) filed promptly with the secretary of state and the clerk of each
380	380	6 circuit court of Indiana.
381	381	7 SECTION 8. IC 10-14-3-14 IS REPEALED [EFFECTIVE UPON
382	382	8 PASSAGE]. Sec. 14. (a) In determining whether to declare an energy
383	383	9 emergency under section 13 of this chapter, the governor shall
384	384	10 consider:
385	385	11 (1) the availability of regional and national energy resources;
386	386	12 (2) local, state, regional, and national energy needs and shortages;
387	387	13 (3) the availability of short term alternative supplies on a local,
388	388	14 state, regional, and national basis;
389	389	15 (4) the economic effect of the declaration and the implementation
390	390	16 of any curtailment or conservation plans; and
391	391	17 (5) any other relevant factors.
392	392	18 (b) To protect the public welfare during conditions of energy
393	393	19 emergencies proclaimed under section 13 of this chapter, the governing
394	394	20 body of each city, town, or political subdivision of the state and each
395	395	21 state agency (including the utility regulatory commission) shall carry
396	396	22 out in the body's or agency's jurisdiction energy supply emergency
397	397	23 measures ordered by the governor.
398	398	24 (c) To attain uniformity throughout the country in measures taken
399	399	25 to aid in energy crisis management, all:
400	400	26 (1) action taken under this section and section 13 of this chapter;
401	401	27 and
402	402	28 (2) orders and rules made under this section and section 13 of this
403	403	29 chapter;
404	404	30 must be taken or made consistent with federal orders, rules, actions,
405	405	31 recommendations, and requests.
406	406	32 (d) A person shall comply with a specific order issued or action
407	407	33 taken by the governor under this section or section 13 of this chapter.
408	408	34 (e) During a state of energy emergency proclaimed under section 13
409	409	35 of this chapter, the governor may:
410	410	36 (1) subpoena:
411	411	37 (A) witnesses;
412	412	38 (B) material;
413	413	39 (C) relevant books;
414	414	40 (D) papers;
415	415	41 (E) accounts;
416	416	42 (F) records; and
417	417	2023 IN 1262—LS 6768/DI 116 10
418	418	1 (G) memoranda;
419	419	2 (2) administer oaths; and
420	420	3 (3) cause the depositions of persons residing within or outside
421	421	4 Indiana to be taken in the manner prescribed for depositions in
422	422	5 civil actions;
423	423	6 to obtain information relevant to energy resources that are the subject
424	424	7 of the proclaimed emergency.
425	425	8 (f) In obtaining information under subsection (e), the governor shall:
426	426	9 (1) avoid eliciting information already furnished by a person or
427	427	10 political subdivision in Indiana to a federal, state, or local
428	428	11 regulatory authority that is available for the governor's study; and
429	429	12 (2) cause reporting procedures, including forms, to conform to
430	430	13 existing requirements of federal, state, and local regulatory
431	431	14 authorities wherever possible.
432	432	15 (g) Information obtained under this section from a person who
433	433	16 designates that information as confidential shall be maintained as
434	434	17 confidential by the governor and by any person who obtains
435	435	18 information that the person knows to be confidential under this chapter.
436	436	19 The governor may not make known in any manner any particulars of
437	437	20 information to persons other than those specified in subsection (j).
438	438	21 (h) This section does not prohibit the use of confidential information
439	439	22 to prepare statistics or other general data for publication if the
440	440	23 information is presented in a manner that prevents identification of the
441	441	24 particular persons.
442	442	25 (i) A person who is served with a subpoena to:
443	443	26 (1) give testimony orally or in writing; or
444	444	27 (2) produce books, papers, correspondence, memoranda,
445	445	28 agreements, or other documents or records;
446	446	29 under this chapter may apply to an Indiana court for protection against
447	447	30 abuse or hardship in the manner provided by law.
448	448	31 (j) For purposes of this section, references to the governor in this
449	449	32 section include any other individual designated in writing by the
450	450	33 governor. A person designated by the governor shall preserve the
451	451	34 confidentiality of information in accordance with subsection (g).
452	452	35 (k) The powers vested in the governor under this section and section
453	453	36 13 of this chapter are in addition to and not instead of emergency
454	454	37 powers vested in the governor under this chapter or any other state law.
455	455	38 (l) The governor may authorize the incurring of liabilities and
456	456	39 expenses to be paid as other claims against the state from the general
457	457	40 fund in the amount necessary if:
458	458	41 (1) an energy emergency is declared by the governor; and
459	459	42 (2) the energy emergency justifies the expenditure;
460	460	2023 IN 1262—LS 6768/DI 116 11
461	461	1 in accordance with section 28 of this chapter for other emergency or
462	462	2 disaster expenditures.
463	463	3 SECTION 9. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
464	464	4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
465	465	5 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
466	466	6 (1) may be declared only by the principal executive officer of a
467	467	7 political subdivision; and
468	468	8 (2) may not be continued or renewed for more than seven (7) days
469	469	9 except by or with the consent of the governing board of the
470	470	10 political subdivision.
471	471	11 Any order or proclamation declaring, continuing, or terminating a local
472	472	12 disaster emergency shall be given prompt and general publicity and
473	473	13 shall be filed promptly in the office of the clerk of the political
474	474	14 subdivision, and must be narrowly tailored to serve a compelling
475	475	15 public health or safety interest.
476	476	16 (b) The effect of a declaration of a local disaster emergency is to:
477	477	17 (1) activate the response and recovery aspects of all applicable
478	478	18 local or interjurisdictional disaster emergency plans; and
479	479	19 (2) authorize the furnishing of aid and assistance under the plans.
480	480	20 (c) An interjurisdictional agency or official may not declare a local
481	481	21 disaster emergency unless expressly authorized by the agreement under
482	482	22 which the agency functions. However, an interjurisdictional disaster
483	483	23 agency shall provide aid and services according to the agreement.
484	484	24 (d) If a local disaster emergency is declared under this section, the
485	485	25 political subdivision may not prohibit individuals engaged in
486	486	26 employment necessary to:
487	487	27 (1) maintain a safe rail system;
488	488	28 (2) restore utility service; or
489	489	29 (3) provide any other emergency public service;
490	490	30 from traveling on the highways within the political subdivision during
491	491	31 the local disaster emergency.
492	492	32 (e) If a local disaster emergency is declared under this section, the
493	493	33 political subdivision may not prohibit individuals trained and certified
494	494	34 as first response broadcasters, as set forth in section 22.5 of this
495	495	35 chapter, from traveling on the highways within the political subdivision
496	496	36 during the local disaster emergency.
497	497	37 (f) If a local emergency is declared under this section, the political
498	498	38 subdivision may not prohibit individuals trained and certified as first
499	499	39 response communications service providers, as set forth in section 22.6
500	500	40 of this chapter, from traveling on the highways within the political
501	501	41 subdivision during the local disaster emergency.
502	502	42 (g) If a local emergency is declared under this section, the political
503	503	2023 IN 1262—LS 6768/DI 116 12
504	504	1 subdivision must comply with sections 12.5 and 12.7 of this chapter.
505	505	2 SECTION 10. IC 16-19-3-4, AS AMENDED BY P.L.143-2022,
506	506	3 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
507	507	4 UPON PASSAGE]: Sec. 4. (a) The executive board may, by an
508	508	5 affirmative vote of a majority of its members, adopt reasonable rules on
509	509	6 behalf of the state department to protect or to improve the public health
510	510	7 in Indiana.
511	511	8 (b) The rules may concern but are not limited to the following:
512	512	9 (1) Nuisances dangerous to public health.
513	513	10 (2) The pollution of any water supply other than where
514	514	11 jurisdiction is in the environmental rules board and department of
515	515	12 environmental management.
516	516	13 (3) The disposition of excremental and sewage matter.
517	517	14 (4) The control of fly and mosquito breeding places.
518	518	15 (5) The detection, reporting, prevention, and control of diseases
519	519	16 that affect public health. However, nothing in this subdivision
520	520	17 may be construed to authorize the executive board to suspend
521	521	18 any law, ordinance, or regulation enacted by the general
522	522	19 assembly or other legislative body.
523	523	20 (6) The care of maternity and infant cases and the conduct of
524	524	21 maternity homes.
525	525	22 (7) The production, distribution, and sale of human food.
526	526	23 (8) Except as provided in section 4.4 of this chapter, the conduct
527	527	24 of camps.
528	528	25 (9) Standards of cleanliness of eating facilities for the public.
529	529	26 (10) Standards of cleanliness of sanitary facilities offered for
530	530	27 public use.
531	531	28 (11) The handling, disposal, disinterment, and reburial of dead
532	532	29 human bodies.
533	533	30 (12) Vital statistics.
534	534	31 (13) Sanitary conditions and facilities in public buildings and
535	535	32 grounds, including plumbing, drainage, sewage disposal, water
536	536	33 supply, lighting, heating, and ventilation, other than where
537	537	34 jurisdiction is vested by law in the fire prevention and building
538	538	35 safety commission or other state agency.
539	539	36 (14) The design, construction, and operation of swimming and
540	540	37 wading pools. However, the rules governing swimming and
541	541	38 wading pools do not apply to a pool maintained by an individual
542	542	39 for the sole use of the individual's household and house guests.
543	543	40 (c) The executive board shall adopt reasonable rules to regulate the
544	544	41 following:
545	545	42 (1) The sanitary operation of tattoo parlors.
546	546	2023 IN 1262—LS 6768/DI 116 13
547	547	1 (2) The sanitary operation of body piercing facilities.
548	548	2 (d) The executive board may adopt rules on behalf of the state
549	549	3 department for the efficient enforcement of this title, except as
550	550	4 otherwise provided. However, fees for inspections relating to weight
551	551	5 and measures may not be established by the rules.
552	552	6 (e) The executive board may declare that a rule described in
553	553	7 subsection (d) is necessary to meet an emergency and adopt the rule
554	554	8 under IC 4-22-2-37.1.
555	555	9 (f) The rules of the state department may not be inconsistent with
556	556	10 this title and or any other state law.
557	557	11 SECTION 11. IC 16-19-3-9 IS AMENDED TO READ AS
558	558	12 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The state
559	559	13 department may establish quarantine and may do what is reasonable
560	560	14 and necessary for the prevention and suppression of disease. However,
561	561	15 nothing in this section may be construed to authorize the state
562	562	16 department to suspend any law, ordinance, or regulation enacted
563	563	17 by the general assembly or other legislative body unless otherwise
564	564	18 specifically authorized by a disaster emergency declared under
565	565	19 IC 10-14-3.
566	566	20 SECTION 12. IC 16-19-3-10, AS AMENDED BY P.L.99-2021,
567	567	21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
568	568	22 UPON PASSAGE]: Sec. 10. (a) The state department may order
569	569	23 schools closed and forbid public gatherings when considered necessary
570	570	24 to prevent and stop epidemics if the state department is specifically
571	571	25 authorized to do so in an emergency declaration made under
572	572	26 IC 10-14-3.
573	573	27 (b) The state department may order a religious organization closed
574	574	28 only if the order complies with IC 10-14-3-12.5 through
575	575	29 IC 10-14-3-12.7.
576	576	30 SECTION 13. IC 16-19-4-10, AS ADDED BY P.L.208-2015,
577	577	31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
578	578	32 UPON PASSAGE]: Sec. 10. (a) For purposes of IC 16-41-7.5, the state
579	579	33 health commissioner is authorized to declare a public health
580	580	34 emergency.
581	581	35 (b) Nothing in this section may be construed to authorize the
582	582	36 state health commissioner to suspend any law or regulation
583	583	37 enacted by the general assembly or other legislative body unless
584	584	38 otherwise specifically authorized by a disaster emergency declared
585	585	39 under IC 10-14-3.
586	586	40 SECTION 14. IC 16-20-1-19, AS AMENDED BY P.L.219-2021,
587	587	41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
588	588	42 UPON PASSAGE]: Sec. 19. (a) Local health officers shall enforce the
589	589	2023 IN 1262—LS 6768/DI 116 14
590	590	1 health laws, ordinances, orders, rules, and regulations of the officer's
591	591	2 own and superior boards of health.
592	592	3 (b) Nothing in this section may be construed to authorize a local
593	593	4 health officer to suspend any law, ordinance, or regulation enacted
594	594	5 by the general assembly or other legislative body unless otherwise
595	595	6 specifically authorized by a disaster emergency declared under
596	596	7 IC 10-14-3.
597	597	8 (b) (c) Any enforcement action taken under subsection (a) in
598	598	9 response to:
599	599	10 (1) a declared local public health emergency determined by a
600	600	11 local health department or local health officer; or
601	601	12 (2) a disaster emergency declared by the governor under
602	602	13 IC 10-14-3-12;
603	603	14 is appealable under IC 16-20-5.5.
604	604	15 SECTION 15. IC 16-20-1-21 IS AMENDED TO READ AS
605	605	16 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) Each local
606	606	17 health board has the responsibility and authority to take any action
607	607	18 authorized by statute or rule of the state department to control
608	608	19 communicable diseases. The board of each local health department or
609	609	20 a designated representative may make sanitary and health inspections
610	610	21 to carry out this chapter and IC 16-20-8.
611	611	22 (b) Nothing in this section may be construed to authorize a local
612	612	23 health board to suspend any law, ordinance, or regulation enacted
613	613	24 by the general assembly or other legislative body unless otherwise
614	614	25 specifically authorized by a disaster emergency declared under
615	615	26 IC 10-14-3.
616	616	27 SECTION 16. IC 16-20-1-24, AS AMENDED BY P.L.99-2021,
617	617	28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
618	618	29 UPON PASSAGE]: Sec. 24. (a) Local health officers may order
619	619	30 schools closed and forbid public gatherings when considered necessary
620	620	31 to prevent and stop epidemics if the local health officer is specifically
621	621	32 authorized to do so in an emergency declaration made under
622	622	33 IC 10-14-3.
623	623	34 (b) A local health officer may order a religious organization closed
624	624	35 only if the order complies with IC 10-14-3-12.5 through
625	625	36 IC 10-14-3-12.7.
626	626	37 (c) An individual who takes action under this section shall comply
627	627	38 with state laws and rules.
628	628	39 SECTION 17. IC 16-20-1-26, AS AMENDED BY P.L.219-2021,
629	629	40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630	630	41 UPON PASSAGE]: Sec. 26. (a) Except as provided in subsection (b),
631	631	42 a local board of health or local health officer may enforce the board's
632	632	2023 IN 1262—LS 6768/DI 116 15
633	633	1 or officer's orders, citations, and administrative notices by an action in
634	634	2 the circuit or superior court.
635	635	3 (b) This subsection only applies to an enforcement action described
636	636	4 in IC 16-20-5.5-2(a). A local board of health or local health officer may
637	637	5 not file an action under subsection (a) to enforce an order, citation, or
638	638	6 administrative notice unless the appropriate legislative body under
639	639	7 IC 16-20-5.5-1 has authorized the local board of health or local health
640	640	8 officer to file the action.
641	641	9 (c) The court may take any appropriate action in a proceeding under
642	642	10 this section, including any of the following:
643	643	11 (1) Issuing an injunction.
644	644	12 (2) Entering a judgment.
645	645	13 (3) Issuing an order and conditions under IC 16-41-9.
646	646	14 (4) Ordering the suspension or revocation of a license.
647	647	15 (5) Ordering an inspection.
648	648	16 (6) Ordering that a property be vacated.
649	649	17 (7) Ordering that a structure be demolished.
650	650	18 (8) Imposing a penalty not to exceed an amount set forth in
651	651	19 IC 36-1-3-8(a)(10).
652	652	20 (9) Imposing court costs and fees under IC 33-37-4-2 and
653	653	21 IC 33-37-5.
654	654	22 (10) Ordering the respondent to take appropriate action in a
655	655	23 specified time to comply with the order of the local board of
656	656	24 health or local health officer.
657	657	25 (11) Ordering a local board of health or local health officer to take
658	658	26 appropriate action to enforce an order within a specified time.
659	659	27 (d) The county attorney in which a local board of health or local
660	660	28 health officer has jurisdiction shall represent the local health board and
661	661	29 local health officer in the action unless the county executive, local
662	662	30 board of health, or health and hospital corporation employs other legal
663	663	31 counsel or the matter has been referred through law enforcement
664	664	32 authorities to the prosecuting attorney.
665	665	33 (e) A recipient of any enforcement action described in section 19(b)
666	666	34 19(c) of this chapter may:
667	667	35 (1) appeal the enforcement action under IC 16-20-5.5; or
668	668	36 (2) bring an action directly in the circuit or superior court.
669	669	37 However, a recipient who brings an action directly in the circuit or
670	670	38 superior court waives the right to appeal under IC 16-20-5.5, and any
671	671	39 appeal under IC 16-20-5.5 that is pending at the time the recipient files
672	672	40 an action in the circuit or superior court is dismissed by operation of
673	673	41 law.
674	674	42 SECTION 18. IC 16-22-8-31, AS AMENDED BY P.L.219-2021,
675	675	2023 IN 1262—LS 6768/DI 116 16
676	676	1 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677	677	2 UPON PASSAGE]: Sec. 31. (a) The director of the division of public
678	678	3 health has the powers, functions, and duties of a local health officer.
679	679	4 However, nothing in this section may be construed to authorize the
680	680	5 director to suspend any law, ordinance, or regulation enacted by
681	681	6 the general assembly or other legislative body unless otherwise
682	682	7 specifically authorized by a disaster emergency declared under
683	683	8 IC 10-14-3.
684	684	9 (b) Except as provided in subsection (c), orders, citations, and
685	685	10 administrative notices of violation issued by the director of the division
686	686	11 of public health, the director's authorized representative, a supervisor
687	687	12 in the division, or an environmental health specialist may be enforced
688	688	13 by the corporation in a court with jurisdiction by filing a civil action in
689	689	14 accordance with IC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1,
690	690	15 IC 36-1-6-4, or IC 36-7-9-17.
691	691	16 (c) This subsection only applies to an enforcement action described
692	692	17 in section 31.5(a) of this chapter. The corporation may not file a civil
693	693	18 action under subsection (b) to enforce an order, citation, or
694	694	19 administrative notice unless the Marion County city-county council has
695	695	20 authorized the corporation to file the civil action.
696	696	21 (d) A public health authority may petition a circuit or superior court
697	697	22 for an order of isolation or quarantine by filing a civil action in
698	698	23 accordance with IC 16-41-9.
699	699	24 (e) Unless otherwise provided by law, a change of venue from the
700	700	25 county may not be granted for court proceedings initiated under this
701	701	26 section.
702	702	27 (f) A change of venue from a judge must meet the requirements in
703	703	28 IC 34-35-3-3 for court proceedings initiated under this section.
704	704	29 SECTION 19. An emergency is declared for this act.
705	705	2023 IN 1262—LS 6768/DI 116