Introduced Version
HOUSE BILL No. 1262
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-9.1; IC 6-8-13-2; IC 10-14-3; IC 16-19;
IC 16-20-1; IC 16-22-8-31.
Synopsis: Emergency powers. Provides that the orders, rules, and
regulations made, amended, or rescinded by the governor must be
narrowly tailored to serve a compelling public health or safety interest.
Provides that if the governor declares a state of disaster emergency, the
state of disaster emergency expires not later than 30 days after the
declaration and may not be renewed. Provides that the governor may
suspend certain regulatory statutes only to the extent necessary to carry
out certain emergency responses. Provides that the governor may not
suspend any provision of any regulatory statute if that suspension
infringes upon any right or protection guaranteed or provided in the
Constitution of the United States or the Constitution of the State of
Indiana. Provides that nothing may be construed to authorize the
executive board of the Indiana department of health to suspend any
law, ordinance, or regulation enacted by the general assembly or other
legislative body as part of a rule adopted by the executive board.
Provides that the Indiana department of health may establish quarantine
and may do what is reasonable and necessary for the prevention and
suppression of disease if the Indiana department of health is authorized
to do so in a declared disaster emergency. Provides that the Indiana
department of health may order schools closed and forbid public
gatherings when considered necessary to prevent and stop epidemics
if the Indiana department of health is specifically authorized to do so
in an emergency declaration. Provides that certain actions authorized
by the commissioner of the Indiana department of health, local health
(Continued next page)
Effective: Upon passage.
Lucas, Morrison
January 11, 2023, read first time and referred to Committee on Public Health.
2023 IN 1262—LS 6768/DI 116 Digest Continued
boards, or local health officers may not be construed to authorize the
commissioner, board, or official to suspend any law or regulation
enacted by the general assembly or other legislative body unless
otherwise specifically authorized by a declared disaster emergency.
Repeals provisions relating to the governor's authority to establish an
energy emergency.
2023 IN 1262—LS 6768/DI 1162023 IN 1262—LS 6768/DI 116 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1262
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 4-6-9.1-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Sections 1
3 through 7 of this chapter apply to the period during which an
4 emergency is declared and the twenty-four (24) hours before the
5 declaration by the governor under IC 10-14-3-12. or IC 10-14-3-13.
6 (b) The definitions in IC 10-14-3 apply to this chapter.
7 SECTION 2. IC 4-6-9.1-7 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. This chapter
9 preempts the power of local governments to regulate pricing of
10 commodities under a declaration of emergency:
11 (1) under IC 10-14-3-12; or
12 (2) under IC 10-14-3-13; or
13 (3) (2) by a local government.
14 SECTION 3. IC 6-8-13-2, AS ADDED BY P.L.293-2013(ts),
15 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2023 IN 1262—LS 6768/DI 116 2
1 UPON PASSAGE]: Sec. 2. As used in this chapter, "disaster
2 emergency" means the following:
3 (1) A disaster emergency declared under IC 10-14-3-12.
4 (2) A state of energy emergency declared under IC 10-14-3-13.
5 (3) (2) A local disaster emergency declared under IC 10-14-3-29.
6 (4) (3) A request by a registered business for disaster or
7 emergency assistance under a mutual assistance agreement.
8 SECTION 4. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
11 control of the agency and is responsible for carrying out this chapter.
12 In the event of disaster or emergency beyond local control, the
13 governor may assume direct operational control over all or any part of
14 the emergency management functions within Indiana.
15 (b) In performing the governor's duties under this chapter, the
16 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
17 following:
18 (1) Make, amend, and rescind the necessary orders, rules, and
19 regulations to carry out this chapter with due consideration of the
20 plans of the federal government. However, the orders, rules,
21 and regulations that are made, amended, or rescinded must be
22 narrowly tailored to serve a compelling public health or safety
23 interest.
24 (2) Cooperate with the President of the United States and the
25 heads of the armed forces, the Federal Emergency Management
26 Agency, and the officers and agencies of other states in matters
27 pertaining to emergency management and disaster preparedness,
28 response, and recovery of the state and nation. In cooperating
29 under this subdivision, the governor may take any measures that
30 the governor considers proper to carry into effect any request of
31 the President of the United States and the appropriate federal
32 officers and agencies for any emergency management action,
33 including the direction or control of disaster preparations,
34 including the following:
35 (A) Mobilizing emergency management forces and other tests
36 and exercises.
37 (B) Providing warnings and signals for drills, actual
38 emergencies, or disasters.
39 (C) Shutting off water mains, gas mains, and electric power
40 connections and suspending any other utility service.
41 (D) Conducting civilians and the movement and cessation of
42 movement of pedestrians and vehicular traffic during, before,
2023 IN 1262—LS 6768/DI 116 3
1 and after drills, actual emergencies, or other disasters.
2 (E) Holding public meetings or gatherings.
3 (F) Evacuating and receiving the civilian population.
4 (3) Take any action and give any direction to state and local law
5 enforcement officers and agencies as may be reasonable and
6 necessary for securing compliance with this chapter and with any
7 orders, rules, and regulations made under this chapter.
8 (4) Employ any measure and give any direction to the Indiana
9 state department of health or local boards of health as is
10 reasonably necessary for securing compliance with this chapter or
11 with the findings or recommendations of the Indiana state
12 department of health or local boards of health because of
13 conditions arising from actual or threatened:
14 (A) national security emergencies; or
15 (B) manmade or natural disasters or emergencies.
16 (5) Use the services and facilities of existing officers, agencies of
17 the state, and of political subdivisions. All officers and agencies
18 of the state and of political subdivisions shall cooperate with and
19 extend services and facilities to the governor as the governor may
20 request.
21 (6) Establish agencies and offices and appoint executive,
22 technical, clerical, and other personnel necessary to carry out this
23 chapter, including the appointment of full-time state and area
24 directors.
25 SECTION 5. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
28 emergency by executive order or proclamation if the governor
29 determines that a disaster has occurred or that the occurrence or the
30 threat of a disaster is imminent. The state of disaster emergency
31 continues until the governor:
32 (1) determines that the threat or danger has passed or the disaster
33 has been dealt with to the extent that emergency conditions no
34 longer exist; and
35 (2) terminates the state of disaster emergency by executive order
36 or proclamation.
37 A state of disaster emergency may not continue for longer than thirty
38 (30) days. unless the state of disaster emergency is renewed by the
39 governor. The state of disaster emergency may not be renewed by
40 the governor. The general assembly, by concurrent resolution, may
41 terminate a state of disaster emergency at any time. If the general
42 assembly terminates a state of disaster emergency under this
2023 IN 1262—LS 6768/DI 116 4
1 subsection, the governor shall issue an executive order or proclamation
2 ending the state of disaster emergency. All executive orders or
3 proclamations issued under this subsection must indicate the nature of
4 the disaster, the area or areas threatened, and the conditions which have
5 brought the disaster about or that make possible termination of the state
6 of disaster emergency. An executive order or proclamation under this
7 subsection shall be disseminated promptly by means calculated to bring
8 the order's or proclamation's contents to the attention of the general
9 public. Unless the circumstances attendant upon the disaster prevent or
10 impede, an executive order or proclamation shall be promptly filed
11 with the secretary of state and with the clerk of the city or town affected
12 or with 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) Subject to subsection (e), suspend the provisions of any
37 regulatory statute prescribing the procedures for conduct of state
38 business, or the orders, rules, or regulations of any state agency if
39 strict compliance with any of these provisions would in any way
40 prevent, hinder, or delay necessary action in coping with the
41 emergency. only to the extent necessary to directly carry out
42 subdivisions (2) through (11).
2023 IN 1262—LS 6768/DI 116 5
1 (2) Use all available resources of the state government and of
2 each political subdivision of the state only to the extent
3 necessary to reasonably necessary to cope with the disaster
4 emergency.
5 (3) Transfer the direction, personnel, or functions of state
6 departments and agencies or units for performing or facilitating
7 emergency services.
8 (4) Subject to any applicable requirements for compensation
9 under section 31 of this chapter and only to the extent necessary
10 to cope with the disaster emergency, commandeer or use any
11 private property if the governor finds this action necessary to cope
12 with the disaster emergency.
13 (5) Assist in the evacuation of all or part of the population from
14 any stricken or threatened area in Indiana if the governor
15 considers this action necessary for the preservation of life or other
16 disaster mitigation, response, or recovery.
17 (6) Prescribe routes, modes of transportation, and destinations in
18 connection with evacuation.
19 (7) Control ingress to and egress from a disaster area, the
20 movement of persons within the area, and the occupancy of
21 premises in the area.
22 (8) Only to the extent necessary to cope with the disaster
23 emergency, suspend or limit the sale, dispensing, or
24 transportation of alcoholic beverages, explosives, and
25 combustibles.
26 (9) Make provision for the availability and use of temporary
27 emergency housing.
28 (10) Allow persons who:
29 (A) are registered as volunteer health practitioners by an
30 approved registration system under IC 10-14-3.5; or
31 (B) hold a license to practice:
32 (i) medicine;
33 (ii) dentistry;
34 (iii) pharmacy;
35 (iv) nursing;
36 (v) engineering;
37 (vi) veterinary medicine;
38 (vii) mortuary service; and
39 (viii) similar other professions as may be specified by the
40 governor;
41 to practice their respective profession in Indiana during the period
42 of the state of emergency if the state in which a person's license
2023 IN 1262—LS 6768/DI 116 6
1 or registration was issued has a mutual aid compact for
2 emergency management with Indiana.
3 (11) Give specific authority to allocate drugs, foodstuffs, and
4 other essential materials and services.
5 (e) The governor may not suspend any provision of any
6 regulatory statute if that suspension infringes upon any right or
7 protection that is guaranteed or provided in the Constitution of the
8 United States or the Constitution of the State of Indiana.
9 SECTION 6. IC 10-14-3-12.5, AS ADDED BY P.L.99-2021,
10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]: Sec. 12.5. (a) The following definitions apply
12 throughout this section:
13 (1) "Disaster emergency" means
14 (A) a state or local disaster emergency declared under
15 IC 10-14-3. this chapter. and
16 (B) an epidemic described in IC 16-19-3-10.
17 (2) "Religious organization" means an organization, a religious
18 society, a church or other house of worship, a body of
19 communicants, an educational institution, or a group organized
20 and operated for religious purposes, regardless of whether it is
21 integrated or affiliated with a church or other house of worship.
22 The term includes an officer, owner, employee, manager,
23 religious leader, clergy, or minister of an organization described
24 in this subdivision.
25 (3) "Religious service" means a meeting, a gathering, or an
26 assembly of two (2) or more persons organized by a religious
27 organization for the purpose of worship, teaching, training,
28 providing educational services, conducting religious rituals, or
29 other activities undertaken by the religious organization for the
30 exercise of religion.
31 (b) Religious organizations provide essential services that are
32 necessary for the health and welfare of the public during a disaster
33 emergency. Subject to section 12.7 of this chapter, the state and a
34 political subdivision may not impose restrictions on:
35 (1) the operation of a religious organization; or
36 (2) religious services;
37 that are more restrictive than the restrictions imposed on other
38 businesses and organizations that provide essential services to the
39 public.
40 (c) This section does not prohibit the state or a political subdivision
41 from requiring a religious organization to comply with a generally
42 applicable health, safety, or occupancy requirement that is neutral
2023 IN 1262—LS 6768/DI 116 7
1 towards religious organizations and equally applicable to any
2 organization or business that provides essential services. However, the
3 state or political subdivision may not enforce any health, safety, or
4 occupancy requirement that imposes a substantial burden on a religious
5 service unless the state or political subdivision demonstrates that
6 applying the burden to the religious service in this particular instance
7 is essential to further a compelling governmental interest and is the
8 least restrictive means of furthering that compelling governmental
9 interest.
10 (d) A person may assert a violation of this section as a claim against
11 the state or a political subdivision in any judicial or administrative
12 proceeding, or as a defense in any judicial or administrative
13 proceeding, without regard to whether the proceeding is brought by or
14 in the name of the state, political subdivision, or any other party.
15 SECTION 7. IC 10-14-3-13 IS REPEALED [EFFECTIVE UPON
16 PASSAGE]. Sec. 13. (a) In addition to the governor's existing powers
17 and duties, the governor has the duties and special energy emergency
18 powers set forth in this section, subject to the limitations in this
19 chapter.
20 (b) The governor may, upon finding that an energy emergency
21 exists, proclaim a state of energy emergency at which time all the
22 general and specific emergency powers specified in this section and
23 section 14 of this chapter become effective.
24 (c) A proclamation issued under this section and any order or rule
25 issued as a result of the proclamation continues in effect until sixty (60)
26 days after the date of the proclamation of the energy emergency unless
27 the governor rescinds the proclamation and declares the energy
28 emergency ended before the expiration of the sixty (60) day period.
29 (d) The governor may not renew or extend a proclamation more than
30 once without approval of the general assembly.
31 (e) The conditions of an energy emergency cease when the governor
32 declares the end of an energy emergency.
33 (f) In a declared state of energy emergency, the governor may do the
34 following:
35 (1) Implement programs, controls, standards, priorities, and
36 quotas for the conservation and consumption of energy, including
37 plans and commission regulations for the curtailment of energy if
38 the governor imposes controls, quotas, or curtailments according
39 to the nature of the end use to be made of the energy consistent
40 with existing transmission and distribution systems serving the
41 geographic area affected by the energy emergency.
42 (2) Suspend and modify state pollution control standards and
2023 IN 1262—LS 6768/DI 116 8
1 requirements affecting or affected by the use of energy, including
2 standards or requirements relating to air or water quality control.
3 (3) Establish and implement intrastate regional programs and
4 agreements for the purposes of coordinating the energy program
5 and actions of the state with the federal government and other
6 states, localities, and other persons.
7 (4) Designate the execution and enforcement of emergency orders
8 to a state agency that regulates the energy form, resource, or
9 suppliers that are the subject of the proclaimed emergency.
10 (5) Suspend the provisions of any state statute regulating
11 transportation or the orders or rules of any state agency if strict
12 compliance with any of the provisions would prevent, hinder, or
13 delay necessary action in coping with the energy emergency.
14 (g) Restrictions, curtailments, or adjustments under subsection (f)
15 must:
16 (1) be ordered and continue only as long as demonstrably
17 necessary for the maintenance of essential services or
18 transportation or for the continued operation of the economy but
19 not longer than the proclamation's duration;
20 (2) be applied as uniformly as practicable within each class of
21 suppliers and consumers and without discrimination within a
22 class; and
23 (3) give due consideration to:
24 (A) the implementation of involuntary measures only after
25 voluntary measures have been determined to be ineffective;
26 (B) protection of public health and safety;
27 (C) maintenance of vital activities, including but not limited to
28 food, shelter, fuel, and medical care;
29 (D) minimization of economic impact on commercial, retail,
30 professional, agricultural, and service establishments;
31 (E) cooperation with other state, local, and federal
32 governments to avoid duplicating efforts; and
33 (F) maintenance of public information channels.
34 (h) This section does not mean that any program, control, standard,
35 priority quota, or other policy created under the authority of the
36 emergency powers authorized by this section has any continuing legal
37 effect after the cessation of a declared state of energy emergency.
38 (i) Except as provided in this section, this chapter does not exempt
39 a person from compliance with the provisions of any other law, rule, or
40 directive unless:
41 (1) specifically ordered by the governor; or
42 (2) impossibility of compliance is a direct result of the governor's
2023 IN 1262—LS 6768/DI 116 9
1 order.
2 (j) A proclamation issued under this section shall be:
3 (1) disseminated promptly and in a manner calculated to inform
4 the general public of its contents; and
5 (2) filed promptly with the secretary of state and the clerk of each
6 circuit court of Indiana.
7 SECTION 8. IC 10-14-3-14 IS REPEALED [EFFECTIVE UPON
8 PASSAGE]. Sec. 14. (a) In determining whether to declare an energy
9 emergency under section 13 of this chapter, the governor shall
10 consider:
11 (1) the availability of regional and national energy resources;
12 (2) local, state, regional, and national energy needs and shortages;
13 (3) the availability of short term alternative supplies on a local,
14 state, regional, and national basis;
15 (4) the economic effect of the declaration and the implementation
16 of any curtailment or conservation plans; and
17 (5) any other relevant factors.
18 (b) To protect the public welfare during conditions of energy
19 emergencies proclaimed under section 13 of this chapter, the governing
20 body of each city, town, or political subdivision of the state and each
21 state agency (including the utility regulatory commission) shall carry
22 out in the body's or agency's jurisdiction energy supply emergency
23 measures ordered by the governor.
24 (c) To attain uniformity throughout the country in measures taken
25 to aid in energy crisis management, all:
26 (1) action taken under this section and section 13 of this chapter;
27 and
28 (2) orders and rules made under this section and section 13 of this
29 chapter;
30 must be taken or made consistent with federal orders, rules, actions,
31 recommendations, and requests.
32 (d) A person shall comply with a specific order issued or action
33 taken by the governor under this section or section 13 of this chapter.
34 (e) During a state of energy emergency proclaimed under section 13
35 of this chapter, the governor may:
36 (1) subpoena:
37 (A) witnesses;
38 (B) material;
39 (C) relevant books;
40 (D) papers;
41 (E) accounts;
42 (F) records; and
2023 IN 1262—LS 6768/DI 116 10
1 (G) memoranda;
2 (2) administer oaths; and
3 (3) cause the depositions of persons residing within or outside
4 Indiana to be taken in the manner prescribed for depositions in
5 civil actions;
6 to obtain information relevant to energy resources that are the subject
7 of the proclaimed emergency.
8 (f) In obtaining information under subsection (e), the governor shall:
9 (1) avoid eliciting information already furnished by a person or
10 political subdivision in Indiana to a federal, state, or local
11 regulatory authority that is available for the governor's study; and
12 (2) cause reporting procedures, including forms, to conform to
13 existing requirements of federal, state, and local regulatory
14 authorities wherever possible.
15 (g) Information obtained under this section from a person who
16 designates that information as confidential shall be maintained as
17 confidential by the governor and by any person who obtains
18 information that the person knows to be confidential under this chapter.
19 The governor may not make known in any manner any particulars of
20 information to persons other than those specified in subsection (j).
21 (h) This section does not prohibit the use of confidential information
22 to prepare statistics or other general data for publication if the
23 information is presented in a manner that prevents identification of the
24 particular persons.
25 (i) A person who is served with a subpoena to:
26 (1) give testimony orally or in writing; or
27 (2) produce books, papers, correspondence, memoranda,
28 agreements, or other documents or records;
29 under this chapter may apply to an Indiana court for protection against
30 abuse or hardship in the manner provided by law.
31 (j) For purposes of this section, references to the governor in this
32 section include any other individual designated in writing by the
33 governor. A person designated by the governor shall preserve the
34 confidentiality of information in accordance with subsection (g).
35 (k) The powers vested in the governor under this section and section
36 13 of this chapter are in addition to and not instead of emergency
37 powers vested in the governor under this chapter or any other state law.
38 (l) The governor may authorize the incurring of liabilities and
39 expenses to be paid as other claims against the state from the general
40 fund in the amount necessary if:
41 (1) an energy emergency is declared by the governor; and
42 (2) the energy emergency justifies the expenditure;
2023 IN 1262—LS 6768/DI 116 11
1 in accordance with section 28 of this chapter for other emergency or
2 disaster expenditures.
3 SECTION 9. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
6 (1) may be declared only by the principal executive officer of a
7 political subdivision; and
8 (2) may not be continued or renewed for more than seven (7) days
9 except by or with the consent of the governing board of the
10 political subdivision.
11 Any order or proclamation declaring, continuing, or terminating a local
12 disaster emergency shall be given prompt and general publicity and
13 shall be filed promptly in the office of the clerk of the political
14 subdivision, and must be narrowly tailored to serve a compelling
15 public health or safety interest.
16 (b) The effect of a declaration of a local disaster emergency is to:
17 (1) activate the response and recovery aspects of all applicable
18 local or interjurisdictional disaster emergency plans; and
19 (2) authorize the furnishing of aid and assistance under the plans.
20 (c) An interjurisdictional agency or official may not declare a local
21 disaster emergency unless expressly authorized by the agreement under
22 which the agency functions. However, an interjurisdictional disaster
23 agency shall provide aid and services according to the agreement.
24 (d) If a local disaster emergency is declared under this section, the
25 political subdivision may not prohibit individuals engaged in
26 employment necessary to:
27 (1) maintain a safe rail system;
28 (2) restore utility service; or
29 (3) provide any other emergency public service;
30 from traveling on the highways within the political subdivision during
31 the local disaster emergency.
32 (e) If a local disaster emergency is declared under this section, the
33 political subdivision may not prohibit individuals trained and certified
34 as first response broadcasters, as set forth in section 22.5 of this
35 chapter, from traveling on the highways within the political subdivision
36 during the local disaster emergency.
37 (f) If a local emergency is declared under this section, the political
38 subdivision may not prohibit individuals trained and certified as first
39 response communications service providers, as set forth in section 22.6
40 of this chapter, from traveling on the highways within the political
41 subdivision during the local disaster emergency.
42 (g) If a local emergency is declared under this section, the political
2023 IN 1262—LS 6768/DI 116 12
1 subdivision must comply with sections 12.5 and 12.7 of this chapter.
2 SECTION 10. IC 16-19-3-4, AS AMENDED BY P.L.143-2022,
3 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 4. (a) The executive board may, by an
5 affirmative vote of a majority of its members, adopt reasonable rules on
6 behalf of the state department to protect or to improve the public health
7 in Indiana.
8 (b) The rules may concern but are not limited to the following:
9 (1) Nuisances dangerous to public health.
10 (2) The pollution of any water supply other than where
11 jurisdiction is in the environmental rules board and department of
12 environmental management.
13 (3) The disposition of excremental and sewage matter.
14 (4) The control of fly and mosquito breeding places.
15 (5) The detection, reporting, prevention, and control of diseases
16 that affect public health. However, nothing in this subdivision
17 may be construed to authorize the executive board to suspend
18 any law, ordinance, or regulation enacted by the general
19 assembly or other legislative body.
20 (6) The care of maternity and infant cases and the conduct of
21 maternity homes.
22 (7) The production, distribution, and sale of human food.
23 (8) Except as provided in section 4.4 of this chapter, the conduct
24 of camps.
25 (9) Standards of cleanliness of eating facilities for the public.
26 (10) Standards of cleanliness of sanitary facilities offered for
27 public use.
28 (11) The handling, disposal, disinterment, and reburial of dead
29 human bodies.
30 (12) Vital statistics.
31 (13) Sanitary conditions and facilities in public buildings and
32 grounds, including plumbing, drainage, sewage disposal, water
33 supply, lighting, heating, and ventilation, other than where
34 jurisdiction is vested by law in the fire prevention and building
35 safety commission or other state agency.
36 (14) The design, construction, and operation of swimming and
37 wading pools. However, the rules governing swimming and
38 wading pools do not apply to a pool maintained by an individual
39 for the sole use of the individual's household and house guests.
40 (c) The executive board shall adopt reasonable rules to regulate the
41 following:
42 (1) The sanitary operation of tattoo parlors.
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1 (2) The sanitary operation of body piercing facilities.
2 (d) The executive board may adopt rules on behalf of the state
3 department for the efficient enforcement of this title, except as
4 otherwise provided. However, fees for inspections relating to weight
5 and measures may not be established by the rules.
6 (e) The executive board may declare that a rule described in
7 subsection (d) is necessary to meet an emergency and adopt the rule
8 under IC 4-22-2-37.1.
9 (f) The rules of the state department may not be inconsistent with
10 this title and or any other state law.
11 SECTION 11. IC 16-19-3-9 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The state
13 department may establish quarantine and may do what is reasonable
14 and necessary for the prevention and suppression of disease. However,
15 nothing in this section may be construed to authorize the state
16 department to suspend any law, ordinance, or regulation enacted
17 by the general assembly or other legislative body unless otherwise
18 specifically authorized by a disaster emergency declared under
19 IC 10-14-3.
20 SECTION 12. IC 16-19-3-10, AS AMENDED BY P.L.99-2021,
21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 10. (a) The state department may order
23 schools closed and forbid public gatherings when considered necessary
24 to prevent and stop epidemics if the state department is specifically
25 authorized to do so in an emergency declaration made under
26 IC 10-14-3.
27 (b) The state department may order a religious organization closed
28 only if the order complies with IC 10-14-3-12.5 through
29 IC 10-14-3-12.7.
30 SECTION 13. IC 16-19-4-10, AS ADDED BY P.L.208-2015,
31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]: Sec. 10. (a) For purposes of IC 16-41-7.5, the state
33 health commissioner is authorized to declare a public health
34 emergency.
35 (b) Nothing in this section may be construed to authorize the
36 state health commissioner to suspend any law or regulation
37 enacted by the general assembly or other legislative body unless
38 otherwise specifically authorized by a disaster emergency declared
39 under IC 10-14-3.
40 SECTION 14. IC 16-20-1-19, AS AMENDED BY P.L.219-2021,
41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 19. (a) Local health officers shall enforce the
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1 health laws, ordinances, orders, rules, and regulations of the officer's
2 own and superior boards of health.
3 (b) Nothing in this section may be construed to authorize a local
4 health officer to suspend any law, ordinance, or regulation enacted
5 by the general assembly or other legislative body unless otherwise
6 specifically authorized by a disaster emergency declared under
7 IC 10-14-3.
8 (b) (c) Any enforcement action taken under subsection (a) in
9 response to:
10 (1) a declared local public health emergency determined by a
11 local health department or local health officer; or
12 (2) a disaster emergency declared by the governor under
13 IC 10-14-3-12;
14 is appealable under IC 16-20-5.5.
15 SECTION 15. IC 16-20-1-21 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) Each local
17 health board has the responsibility and authority to take any action
18 authorized by statute or rule of the state department to control
19 communicable diseases. The board of each local health department or
20 a designated representative may make sanitary and health inspections
21 to carry out this chapter and IC 16-20-8.
22 (b) Nothing in this section may be construed to authorize a local
23 health board to suspend any law, ordinance, or regulation enacted
24 by the general assembly or other legislative body unless otherwise
25 specifically authorized by a disaster emergency declared under
26 IC 10-14-3.
27 SECTION 16. IC 16-20-1-24, AS AMENDED BY P.L.99-2021,
28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 UPON PASSAGE]: Sec. 24. (a) Local health officers may order
30 schools closed and forbid public gatherings when considered necessary
31 to prevent and stop epidemics if the local health officer is specifically
32 authorized to do so in an emergency declaration made under
33 IC 10-14-3.
34 (b) A local health officer may order a religious organization closed
35 only if the order complies with IC 10-14-3-12.5 through
36 IC 10-14-3-12.7.
37 (c) An individual who takes action under this section shall comply
38 with state laws and rules.
39 SECTION 17. IC 16-20-1-26, AS AMENDED BY P.L.219-2021,
40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 UPON PASSAGE]: Sec. 26. (a) Except as provided in subsection (b),
42 a local board of health or local health officer may enforce the board's
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1 or officer's orders, citations, and administrative notices by an action in
2 the circuit or superior court.
3 (b) This subsection only applies to an enforcement action described
4 in IC 16-20-5.5-2(a). A local board of health or local health officer may
5 not file an action under subsection (a) to enforce an order, citation, or
6 administrative notice unless the appropriate legislative body under
7 IC 16-20-5.5-1 has authorized the local board of health or local health
8 officer to file the action.
9 (c) The court may take any appropriate action in a proceeding under
10 this section, including any of the following:
11 (1) Issuing an injunction.
12 (2) Entering a judgment.
13 (3) Issuing an order and conditions under IC 16-41-9.
14 (4) Ordering the suspension or revocation of a license.
15 (5) Ordering an inspection.
16 (6) Ordering that a property be vacated.
17 (7) Ordering that a structure be demolished.
18 (8) Imposing a penalty not to exceed an amount set forth in
19 IC 36-1-3-8(a)(10).
20 (9) Imposing court costs and fees under IC 33-37-4-2 and
21 IC 33-37-5.
22 (10) Ordering the respondent to take appropriate action in a
23 specified time to comply with the order of the local board of
24 health or local health officer.
25 (11) Ordering a local board of health or local health officer to take
26 appropriate action to enforce an order within a specified time.
27 (d) The county attorney in which a local board of health or local
28 health officer has jurisdiction shall represent the local health board and
29 local health officer in the action unless the county executive, local
30 board of health, or health and hospital corporation employs other legal
31 counsel or the matter has been referred through law enforcement
32 authorities to the prosecuting attorney.
33 (e) A recipient of any enforcement action described in section 19(b)
34 19(c) of this chapter may:
35 (1) appeal the enforcement action under IC 16-20-5.5; or
36 (2) bring an action directly in the circuit or superior court.
37 However, a recipient who brings an action directly in the circuit or
38 superior court waives the right to appeal under IC 16-20-5.5, and any
39 appeal under IC 16-20-5.5 that is pending at the time the recipient files
40 an action in the circuit or superior court is dismissed by operation of
41 law.
42 SECTION 18. IC 16-22-8-31, AS AMENDED BY P.L.219-2021,
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1 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 31. (a) The director of the division of public
3 health has the powers, functions, and duties of a local health officer.
4 However, nothing in this section may be construed to authorize the
5 director to suspend any law, ordinance, or regulation enacted by
6 the general assembly or other legislative body unless otherwise
7 specifically authorized by a disaster emergency declared under
8 IC 10-14-3.
9 (b) Except as provided in subsection (c), orders, citations, and
10 administrative notices of violation issued by the director of the division
11 of public health, the director's authorized representative, a supervisor
12 in the division, or an environmental health specialist may be enforced
13 by the corporation in a court with jurisdiction by filing a civil action in
14 accordance with IC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1,
15 IC 36-1-6-4, or IC 36-7-9-17.
16 (c) This subsection only applies to an enforcement action described
17 in section 31.5(a) of this chapter. The corporation may not file a civil
18 action under subsection (b) to enforce an order, citation, or
19 administrative notice unless the Marion County city-county council has
20 authorized the corporation to file the civil action.
21 (d) A public health authority may petition a circuit or superior court
22 for an order of isolation or quarantine by filing a civil action in
23 accordance with IC 16-41-9.
24 (e) Unless otherwise provided by law, a change of venue from the
25 county may not be granted for court proceedings initiated under this
26 section.
27 (f) A change of venue from a judge must meet the requirements in
28 IC 34-35-3-3 for court proceedings initiated under this section.
29 SECTION 19. An emergency is declared for this act.
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