Indiana 2023 Regular Session

Indiana House Bill HB1337 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. 1337
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-2.1; IC 2-5-1.1-5; IC 4-12-18; IC 4-21.5;
7	7	IC 10-14-3.
8	8	Synopsis: Emergency powers. Provides that in the event of a disaster
9	9	emergency, an emergency order issued by a state agency must be
10	10	narrowly tailored to serve a compelling public health or safety interest.
11	11	Entitles a person to relief if a court determines that the person seeking
12	12	judicial relief has been prejudiced by an agency action issued during a
13	13	disaster emergency that has not been: (1) applied equally to a similarly
14	14	situated person; and (2) narrowly tailored to serve a compelling public
15	15	health or safety interest. Provides that the orders, rules, and regulations
16	16	made, amended, or rescinded by the governor must be narrowly
17	17	tailored to serve a compelling public health or safety interest. Requires
18	18	any state or local agency, including the Indiana department of health
19	19	and local boards of health, to only impose a restriction that is narrowly
20	20	tailored to serve a compelling public health or safety interest. Provides
21	21	that any order or proclamation declaring, continuing, or terminating a
22	22	local disaster emergency must be narrowly tailored to serve a
23	23	compelling public health or safety interest. Provides that, if the disaster
24	24	which is the basis of the emergency order impacts an area of the state
25	25	which does not exceed the lesser of: (1) 31 counties; or (2) an area
26	26	which is inhabited by less than 33 1/3% of the population of the state;
27	27	the state of emergency expires in 30 days. Provides that the governor
28	28	(Continued next page)
29	29	Effective: Upon passage.
30	30	Lindauer
31	31	January 17, 2023, read first time and referred to Committee on Rules and Legislative
32	32	Procedures.
33	33	2023 IN 1337—LS 6713/DI 116 Digest Continued
34	34	may renew the emergency declaration in 30 day increments not to
35	35	exceed a period of 12 months. Provides that all other emergency
36	36	declarations expire 30 days after the initial date of the governor's
37	37	executive order and may not be renewed or extended by the governor
38	38	without the approval of the general assembly. Removes the governor's
39	39	ability to suspend certain provisions relating to the general assembly,
40	40	judicial relief of an agency action during an emergency declaration, or
41	41	provisions relating to emergency management disasters. Repeals
42	42	provisions authorizing the general assembly to conduct emergency
43	43	sessions.
44	44	2023 IN 1337—LS 6713/DI 1162023 IN 1337—LS 6713/DI 116 Introduced
45	45	First Regular Session of the 123rd General Assembly (2023)
46	46	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
47	47	Constitution) is being amended, the text of the existing provision will appear in this style type,
48	48	additions will appear in this style type, and deletions will appear in this style type.
49	49	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
50	50	provision adopted), the text of the new provision will appear in this style type. Also, the
51	51	word NEW will appear in that style type in the introductory clause of each SECTION that adds
52	52	a new provision to the Indiana Code or the Indiana Constitution.
53	53	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
54	54	between statutes enacted by the 2022 Regular Session of the General Assembly.
55	55	HOUSE BILL No. 1337
56	56	A BILL FOR AN ACT to amend the Indiana Code concerning
57	57	public safety.
58	58	Be it enacted by the General Assembly of the State of Indiana:
59	59	1 SECTION 1. IC 2-2.1-1-1, AS AMENDED BY P.L.64-2021,
60	60	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61	61	3 UPON PASSAGE]: Sec. 1. The following definitions apply throughout
62	62	4 this chapter:
63	63	5 (1) "Bill" includes a bill and a joint resolution.
64	64	6 (2) "Term of the general assembly" means that two (2) year period
65	65	7 of time extending from the first Wednesday after the first Monday
66	66	8 in November of any even-numbered year until, but not including,
67	67	9 the first Wednesday after the first Monday in November of the
68	68	10 next even-numbered year.
69	69	11 (3) "Session" refers to any of the following:
70	70	12 (A) A regular session of the general assembly.
71	71	13 (B) A regular technical session of the general assembly.
72	72	14 (C) An emergency session of the general assembly convened
73	73	15 under IC 2-2.1-1.2.
74	74	16 (D) (C) A special session of the general assembly.
75	75	17 (4) "Special session" means that period of time during which the
76	76	2023 IN 1337—LS 6713/DI 116 2
77	77	1 general assembly is convened in session upon the proclamation
78	78	2 and call of the governor under Article 4, Section 9 of the
79	79	3 Constitution of the State of Indiana.
80	80	4 SECTION 2. IC 2-2.1-1.2 IS REPEALED [EFFECTIVE UPON
81	81	5 PASSAGE]. (Emergency Sessions).
82	82	6 SECTION 3. IC 2-5-1.1-5, AS AMENDED BY P.L.64-2021,
83	83	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
84	84	8 UPON PASSAGE]: Sec. 5. (a) The council may do any of the
85	85	9 following:
86	86	10 (1) On its own initiative or at the direction of the general
87	87	11 assembly or of the senate or house of representatives, study
88	88	12 subjects of interest and concern, and based on such a study,
89	89	13 recommend such legislation as the welfare of the state may
90	90	14 require.
91	91	15 (2) Direct standing committees of the senate or house of
92	92	16 representatives, or appoint committees and subcommittees subject
93	93	17 to the authority of the council, to carry out studies on subjects of
94	94	18 interest and concern.
95	95	19 (3) Recommend such codification and general revision of the
96	96	20 constitution and the laws of the state as may from time to time be
97	97	21 necessary.
98	98	22 (4) Require any officer or agency, board, commission, committee
99	99	23 or other instrumentality of the state or of a political subdivision of
100	100	24 the state to provide information bearing on subjects under
101	101	25 consideration by the council or by standing committee or any of
102	102	26 its committees or subcommittees.
103	103	27 (5) By an affirmative vote of two-thirds (2/3) of its members
104	104	28 present and voting:
105	105	29 (A) administer oaths, issue subpoenas, compel the attendance
106	106	30 of witnesses and the production of papers, books, accounts,
107	107	31 documents and testimony and have the deposition of witnesses
108	108	32 taken in the manner prescribed by law for taking depositions
109	109	33 in civil actions bearing on subjects under consideration by the
110	110	34 council or by any of its committees or subcommittees; and
111	111	35 (B) petition, through the presiding officer of the council, any
112	112	36 circuit court, superior court, or probate court of the appropriate
113	113	37 county for an order for compliance with any order or
114	114	38 subpoenas issued under this section.
115	115	39 (6) Adopt such rules and procedures and organize such agencies
116	116	40 as may be necessary or appropriate to carry out its duties.
117	117	41 (7) Receive appropriations and make allocations for the
118	118	42 reasonable and necessary expenditures of the council and the
119	119	2023 IN 1337—LS 6713/DI 116 3
120	120	1 standing and interim committees of the house of representatives,
121	121	2 senate and general assembly.
122	122	3 (8) Enter into whatever contracts or other arrangements deemed
123	123	4 by it to be necessary or appropriate to exercising its rights,
124	124	5 privileges, and powers and performing its duties under this
125	125	6 chapter and IC 2-6-1.5 and to carrying out the intent, purposes,
126	126	7 and provisions of this chapter and IC 2-6-1.5.
127	127	8 (9) Initiate sessions of the general assembly under IC 2-2.1-1.2.
128	128	9 (10) (9) Do all other things necessary and proper to perform the
129	129	10 functions of the legislative department of government and to carry
130	130	11 out the intent, purposes and provisions of this chapter.
131	131	12 (b) The council may authorize its executive director to act on its
132	132	13 behalf and with its authority on any matter of administration under this
133	133	14 chapter and under IC 2-6-1.5, including executing and implementing
134	134	15 any contract or other arrangement under which it agrees to be bound.
135	135	16 SECTION 4. IC 4-12-18-5, AS AMENDED BY P.L.174-2022,
136	136	17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
137	137	18 UPON PASSAGE]: Sec. 5. Discretionary funds deposited into an
138	138	19 economic stimulus fund during a period in which the general assembly
139	139	20 is convened in a regular session an emergency session under
140	140	21 IC 2-2.1-1.2, or a special session may not be allotted or expended
141	141	22 unless appropriated by the general assembly or reviewed by the budget
142	142	23 committee. Appropriations made by the general assembly do not revert
143	143	24 until the end of the biennium in which they are appropriated.
144	144	25 SECTION 5. IC 4-12-18-6, AS AMENDED BY P.L.174-2022,
145	145	26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146	146	27 UPON PASSAGE]: Sec. 6. Before discretionary funds deposited into
147	147	28 an economic stimulus fund during a period in which the general
148	148	29 assembly is not convened in a regular session an emergency session
149	149	30 under IC 2-2.1-1.2, or a special session may be allotted to or expended
150	150	31 by a state agency or instrumentality, the allotment or expenditure must
151	151	32 be reviewed by the budget committee. Money is considered
152	152	33 continuously appropriated for the period of the federal award after
153	153	34 budget committee review.
154	154	35 SECTION 6. IC 4-21.5-4-2 IS AMENDED TO READ AS
155	155	36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The agency
156	156	37 shall issue the order under this chapter by one (1) of the following
157	157	38 procedures:
158	158	39 (1) Except as provided in IC 25-1-9-10, without notice or an
159	159	40 evidentiary proceeding, by any authorized individual or panel of
160	160	41 individuals.
161	161	42 (2) After a hearing conducted by an administrative law judge.
162	162	2023 IN 1337—LS 6713/DI 116 4
163	163	1 (b) The resulting order must include a brief statement of the facts
164	164	2 and the law that justifies the agency's decision to take the specific
165	165	3 action under this chapter.
166	166	4 (c) In the event of a disaster emergency declared under
167	167	5 IC 10-14-3-12, the resulting order under this section must be
168	168	6 narrowly tailored to serve a compelling public health or safety
169	169	7 interest.
170	170	8 SECTION 7. IC 4-21.5-5-14 IS AMENDED TO READ AS
171	171	9 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The burden
172	172	10 of demonstrating the invalidity of agency action is on the party to the
173	173	11 judicial review proceeding asserting invalidity.
174	174	12 (b) The validity of agency action shall be determined in accordance
175	175	13 with the standards of review provided in this section, as applied to the
176	176	14 agency action at the time it was taken.
177	177	15 (c) The court shall make findings of fact on each material issue on
178	178	16 which the court's decision is based.
179	179	17 (d) The court shall grant relief under section 15 of this chapter only
180	180	18 if it determines that a person seeking judicial relief has been prejudiced
181	181	19 by an agency action that is:
182	182	20 (1) arbitrary, capricious, an abuse of discretion, or otherwise not
183	183	21 in accordance with law;
184	184	22 (2) contrary to constitutional right, power, privilege, or immunity;
185	185	23 (3) in excess of statutory jurisdiction, authority, or limitations, or
186	186	24 short of statutory right;
187	187	25 (4) without observance of procedure required by law; or
188	188	26 (5) unsupported by substantial evidence.
189	189	27 (e) In addition to the factors described in subsection (d), in the
190	190	28 event of a disaster emergency declared under IC 10-14-3-12, the
191	191	29 court shall grant relief under section 15 of this chapter if it
192	192	30 determines that a person seeking judicial relief has been prejudiced
193	193	31 by an agency action that has not been:
194	194	32 (1) applied equally to a similarly situated person; and
195	195	33 (2) narrowly tailored to serve a compelling public health or
196	196	34 safety interest as described in IC 4-21.5-4-2(c).
197	197	35 The governor is prohibited from suspending any provision of this
198	198	36 subsection under the governor's authority to suspend statutes
199	199	37 under IC 10-14-3-12.
200	200	38 SECTION 8. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
201	201	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202	202	40 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
203	203	41 control of the agency and is responsible for carrying out this chapter.
204	204	42 In the event of disaster or emergency beyond local control, the
205	205	2023 IN 1337—LS 6713/DI 116 5
206	206	1 governor may assume direct operational control over all or any part of
207	207	2 the emergency management functions within Indiana.
208	208	3 (b) In performing the governor's duties under this chapter, the
209	209	4 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
210	210	5 following:
211	211	6 (1) Make, amend, and rescind the necessary orders, rules, and
212	212	7 regulations to carry out this chapter with due consideration of the
213	213	8 plans of the federal government. However, the orders, rules,
214	214	9 and regulations that have been made, amended, or rescinded
215	215	10 must be narrowly tailored to serve a compelling public health
216	216	11 or safety interest.
217	217	12 (2) Cooperate with the President of the United States and the
218	218	13 heads of the armed forces, the Federal Emergency Management
219	219	14 Agency, and the officers and agencies of other states in matters
220	220	15 pertaining to emergency management and disaster preparedness,
221	221	16 response, and recovery of the state and nation. In cooperating
222	222	17 under this subdivision, the governor may take any measures that
223	223	18 the governor considers proper to carry into effect any request of
224	224	19 the President of the United States and the appropriate federal
225	225	20 officers and agencies for any emergency management action,
226	226	21 including the direction or control of disaster preparations,
227	227	22 including the following:
228	228	23 (A) Mobilizing emergency management forces and other tests
229	229	24 and exercises.
230	230	25 (B) Providing warnings and signals for drills, actual
231	231	26 emergencies, or disasters.
232	232	27 (C) Shutting off water mains, gas mains, and electric power
233	233	28 connections and suspending any other utility service.
234	234	29 (D) Conducting civilians and the movement and cessation of
235	235	30 movement of pedestrians and vehicular traffic during, before,
236	236	31 and after drills, actual emergencies, or other disasters.
237	237	32 (E) Holding public meetings or gatherings.
238	238	33 (F) Evacuating and receiving the civilian population.
239	239	34 (3) Take any action and give any direction to state and local law
240	240	35 enforcement officers and agencies as may be reasonable and
241	241	36 necessary for securing compliance with this chapter and with any
242	242	37 orders, rules, and regulations made under this chapter.
243	243	38 (4) Employ any measure and give any direction to the state
244	244	39 department of health or local boards of health as is reasonably
245	245	40 necessary for securing compliance with this chapter or with the
246	246	41 findings or recommendations of the state department of health or
247	247	42 local boards of health because of conditions arising from actual
248	248	2023 IN 1337—LS 6713/DI 116 6
249	249	1 or threatened:
250	250	2 (A) national security emergencies; or
251	251	3 (B) manmade or natural disasters or emergencies.
252	252	4 However, any state or local agency, including the Indiana
253	253	5 department of health or local boards of health, shall only
254	254	6 impose a restriction that is narrowly tailored to serve a
255	255	7 compelling public health or safety interest.
256	256	8 (5) Use the services and facilities of existing officers, agencies of
257	257	9 the state, and of political subdivisions. All officers and agencies
258	258	10 of the state and of political subdivisions shall cooperate with and
259	259	11 extend services and facilities to the governor as the governor may
260	260	12 request.
261	261	13 (6) Establish agencies and offices and appoint executive,
262	262	14 technical, clerical, and other personnel necessary to carry out this
263	263	15 chapter, including the appointment of full-time state and area
264	264	16 directors.
265	265	17 SECTION 9. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
266	266	18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267	267	19 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
268	268	20 emergency by executive order or proclamation if the governor
269	269	21 determines that a disaster has occurred or that the occurrence or the
270	270	22 threat of a disaster is imminent. Except as provided in subsection (b),
271	271	23 the state of disaster emergency continues until the governor: earlier of
272	272	24 the following:
273	273	25 (1) The governor:
274	274	26 (A) determines that the threat or danger has passed or the
275	275	27 disaster has been dealt with to the extent that emergency
276	276	28 conditions no longer exist; and
277	277	29 (2) (B) terminates the state of disaster emergency by executive
278	278	30 order or proclamation.
279	279	31 (2) If the disaster which is the basis of the emergency order
280	280	32 impacts an area of the state:
281	281	33 (A) which does not exceed the lesser of:
282	282	34 (i) thirty-one (31) counties; or
283	283	35 (ii) an area which is inhabited by less than thirty-three
284	284	36 and one-third percent (33 1/3%) of the population of the
285	285	37 state determined in accordance to IC 1-1-3.5-3;
286	286	38 thirty (30) days, but the governor may renew the
287	287	39 emergency declaration in thirty (30) day increments not to
288	288	40 exceed a period of twelve (12) months; or
289	289	41 (B) not described in clause (A), thirty (30) days after the
290	290	42 initial date of the governor's executive order and the state
291	291	2023 IN 1337—LS 6713/DI 116 7
292	292	1 of disaster emergency may not be renewed or extended by
293	293	2 the governor without the approval of the general assembly.
294	294	3 An executive order issued under this section must indicate the
295	295	4 nature of the disaster, the specific area or areas impacted by the
296	296	5 disaster, and the conditions which have brought the disaster about
297	297	6 as well as the conditions that make possible termination of the state
298	298	7 of disaster emergency. An executive order under this section shall
299	299	8 be disseminated promptly by means calculated to bring the order's
300	300	9 contents to the attention of the general public. Unless the
301	301	10 circumstances attendant upon the disaster prevent or impede, an
302	302	11 executive order shall be promptly filed with the secretary of state
303	303	12 and with the clerk of the city or town affected or with the circuit
304	304	13 court clerk of the county affected.
305	305	14 (b) A state of disaster emergency may not continue for longer than
306	306	15 thirty (30) days unless the state of disaster emergency is renewed by the
307	307	16 governor. The general assembly, by concurrent resolution, may
308	308	17 terminate a state of disaster emergency at any time. If the general
309	309	18 assembly terminates a state of disaster emergency under this
310	310	19 subsection, the governor shall issue an executive order or proclamation
311	311	20 ending the state of disaster emergency as described in subsection (a).
312	312	21 All executive orders or proclamations issued under this subsection
313	313	22 must indicate the nature of the disaster, the area or areas threatened,
314	314	23 and the conditions which have brought the disaster about or that make
315	315	24 possible termination of the state of disaster emergency. An executive
316	316	25 order or proclamation under this subsection shall be disseminated
317	317	26 promptly by means calculated to bring the order's or proclamation's
318	318	27 contents to the attention of the general public. Unless the
319	319	28 circumstances attendant upon the disaster prevent or impede, an
320	320	29 executive order or proclamation shall be promptly filed with the
321	321	30 secretary of state and with the clerk of the city or town affected or with
322	322	31 the clerk of the circuit court.
323	323	32 (b) (c) An executive order or proclamation of a state of disaster
324	324	33 emergency renewed or extended under this section:
325	325	34 (1) activates the disaster response and recovery aspects of the
326	326	35 state, local, and interjurisdictional disaster emergency plans
327	327	36 applicable to the affected political subdivision or area; and
328	328	37 (2) is authority for:
329	329	38 (A) deployment and use of any forces to which the plan or
330	330	39 plans apply; and
331	331	40 (B) use or distribution of any supplies, equipment, materials,
332	332	41 and facilities assembled, stockpiled, or arranged to be made
333	333	42 available under this chapter or under any other law relating to
334	334	2023 IN 1337—LS 6713/DI 116 8
335	335	1 disaster emergencies.
336	336	2 (c) (d) During the continuance of any state of disaster emergency,
337	337	3 the governor is commander-in-chief of the organized and unorganized
338	338	4 militia and of all other forces available for emergency duty. To the
339	339	5 greatest extent practicable, the governor shall delegate or assign
340	340	6 command authority by prior arrangement embodied in appropriate
341	341	7 executive orders or regulations. This section does not restrict the
342	342	8 governor's authority to delegate or assign command authority by orders
343	343	9 issued at the time of the disaster emergency.
344	344	10 (d) (e) In addition to the governor's other powers, and subject to
345	345	11 sections 12.5 and 12.7 of this chapter, the governor may do the
346	346	12 following while the state of emergency exists:
347	347	13 (1) Unless otherwise prohibited by law, suspend the provisions
348	348	14 of any regulatory statute prescribing the procedures for conduct
349	349	15 of state business, or the orders, rules, or regulations of any state
350	350	16 agency if strict compliance with any of these provisions would in
351	351	17 any way prevent, hinder, or delay necessary action in coping with
352	352	18 the emergency.
353	353	19 (2) Use all available resources of the state government and of
354	354	20 each political subdivision of the state reasonably necessary to
355	355	21 cope with the disaster emergency.
356	356	22 (3) Transfer the direction, personnel, or functions of state
357	357	23 departments and agencies or units for performing or facilitating
358	358	24 emergency services.
359	359	25 (4) Subject to any applicable requirements for compensation
360	360	26 under section 31 of this chapter, commandeer or use any private
361	361	27 property if the governor finds this action necessary to cope with
362	362	28 the disaster emergency.
363	363	29 (5) Assist in the evacuation of all or part of the population from
364	364	30 any stricken or threatened area in Indiana if the governor
365	365	31 considers this action necessary for the preservation of life or other
366	366	32 disaster mitigation, response, or recovery.
367	367	33 (6) Prescribe routes, modes of transportation, and destinations in
368	368	34 connection with evacuation.
369	369	35 (7) Control ingress to and egress from a disaster area, the
370	370	36 movement of persons within the area, and the occupancy of
371	371	37 premises in the area.
372	372	38 (8) Suspend or limit the sale, dispensing, or transportation of
373	373	39 alcoholic beverages, explosives, and combustibles.
374	374	40 (9) Make provision for the availability and use of temporary
375	375	41 emergency housing.
376	376	42 (10) Allow persons who:
377	377	2023 IN 1337—LS 6713/DI 116 9
378	378	1 (A) are registered as volunteer health practitioners by an
379	379	2 approved registration system under IC 10-14-3.5; or
380	380	3 (B) hold a license to practice:
381	381	4 (i) medicine;
382	382	5 (ii) dentistry;
383	383	6 (iii) pharmacy;
384	384	7 (iv) nursing;
385	385	8 (v) engineering;
386	386	9 (vi) veterinary medicine;
387	387	10 (vii) mortuary service; and
388	388	11 (viii) similar other professions as may be specified by the
389	389	12 governor;
390	390	13 to practice their respective profession in Indiana during the period
391	391	14 of the state of emergency if the state in which a person's license
392	392	15 or registration was issued has a mutual aid compact for
393	393	16 emergency management with Indiana.
394	394	17 (11) Give specific authority to allocate drugs, foodstuffs, and
395	395	18 other essential materials and services.
396	396	19 SECTION 10. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
397	397	20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
398	398	21 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
399	399	22 (1) may be declared only by the principal executive officer of a
400	400	23 political subdivision; and
401	401	24 (2) may not be continued or renewed for more than seven (7) days
402	402	25 except by or with the consent of the governing board of the
403	403	26 political subdivision.
404	404	27 Any order or proclamation declaring, continuing, or terminating a local
405	405	28 disaster emergency shall be given prompt and general publicity and
406	406	29 shall be filed promptly in the office of the clerk of the political
407	407	30 subdivision, and must be narrowly tailored to serve a compelling
408	408	31 public health or safety interest.
409	409	32 (b) The effect of a declaration of a local disaster emergency is to:
410	410	33 (1) activate the response and recovery aspects of all applicable
411	411	34 local or interjurisdictional disaster emergency plans; and
412	412	35 (2) authorize the furnishing of aid and assistance under the plans.
413	413	36 (c) An interjurisdictional agency or official may not declare a local
414	414	37 disaster emergency unless expressly authorized by the agreement under
415	415	38 which the agency functions. However, an interjurisdictional disaster
416	416	39 agency shall provide aid and services according to the agreement.
417	417	40 (d) If a local disaster emergency is declared under this section, the
418	418	41 political subdivision may not prohibit individuals engaged in
419	419	42 employment necessary to:
420	420	2023 IN 1337—LS 6713/DI 116 10
421	421	1 (1) maintain a safe rail system;
422	422	2 (2) restore utility service; or
423	423	3 (3) provide any other emergency public service;
424	424	4 from traveling on the highways within the political subdivision during
425	425	5 the local disaster emergency.
426	426	6 (e) If a local disaster emergency is declared under this section, the
427	427	7 political subdivision may not prohibit individuals trained and certified
428	428	8 as first response broadcasters, as set forth in section 22.5 of this
429	429	9 chapter, from traveling on the highways within the political subdivision
430	430	10 during the local disaster emergency.
431	431	11 (f) If a local emergency is declared under this section, the political
432	432	12 subdivision may not prohibit individuals trained and certified as first
433	433	13 response communications service providers, as set forth in section 22.6
434	434	14 of this chapter, from traveling on the highways within the political
435	435	15 subdivision during the local disaster emergency.
436	436	16 (g) If a local emergency is declared under this section, the political
437	437	17 subdivision must comply with sections 12.5 and 12.7 of this chapter.
438	438	18 SECTION 11. IC 10-14-3-35 IS ADDED TO THE INDIANA
439	439	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
440	440	20 [EFFECTIVE UPON PASSAGE]: Sec. 35. The governor is
441	441	21 prohibited from suspending any provision of:
442	442	22 (1) IC 2;
443	443	23 (2) IC 4-21.5-5-14(e); or
444	444	24 (3) this chapter;
445	445	25 under the governor's authority to suspend statutes under section
446	446	26 12 of this chapter.
447	447	27 SECTION 12. An emergency is declared for this act.
448	448	2023 IN 1337—LS 6713/DI 116