Introduced Version
HOUSE BILL No. 1337
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-2.1; IC 2-5-1.1-5; IC 4-12-18; IC 4-21.5;
IC 10-14-3.
Synopsis: Emergency powers. Provides that in the event of a disaster
emergency, an emergency order issued by a state agency must be
narrowly tailored to serve a compelling public health or safety interest.
Entitles a person to relief if a court determines that the person seeking
judicial relief has been prejudiced by an agency action issued during a
disaster emergency that has not been: (1) applied equally to a similarly
situated person; and (2) narrowly tailored to serve a compelling public
health or safety interest. 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made, amended, or rescinded by the governor must be narrowly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. Requires
any state or local agency, including the Indiana department of health
and local boards of health, to only impose a restriction that is narrowly
tailored to serve a compelling public health or safety interest. Provides
that any order or proclamation declaring, continuing, or terminating a
local disaster emergency must be narrowly tailored to serve a
compelling public health or safety interest. Provides that, if the disaster
which is the basis of the emergency order impacts an area of the state
which does not exceed the lesser of: (1) 31 counties; or (2) an area
which is inhabited by less than 33 1/3% of the population of the state;
the state of emergency expires in 30 days. Provides that the governor
(Continued next page)
Effective: Upon passage.
Lindauer
January 17, 2023, read first time and referred to Committee on Rules and Legislative
Procedures.
2023 IN 1337—LS 6713/DI 116 Digest Continued
may renew the emergency declaration in 30 day increments not to
exceed a period of 12 months. Provides that all other emergency
declarations expire 30 days after the initial date of the governor's
executive order and may not be renewed or extended by the governor
without the approval of the general assembly. Removes the governor's
ability to suspend certain provisions relating to the general assembly,
judicial relief of an agency action during an emergency declaration, or
provisions relating to emergency management disasters. Repeals
provisions authorizing the general assembly to conduct emergency
sessions.
2023 IN 1337—LS 6713/DI 1162023 IN 1337—LS 6713/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. 1337
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 2-2.1-1-1, AS AMENDED BY P.L.64-2021,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1. The following definitions apply throughout
4 this chapter:
5 (1) "Bill" includes a bill and a joint resolution.
6 (2) "Term of the general assembly" means that two (2) year period
7 of time extending from the first Wednesday after the first Monday
8 in November of any even-numbered year until, but not including,
9 the first Wednesday after the first Monday in November of the
10 next even-numbered year.
11 (3) "Session" refers to any of the following:
12 (A) A regular session of the general assembly.
13 (B) A regular technical session of the general assembly.
14 (C) An emergency session of the general assembly convened
15 under IC 2-2.1-1.2.
16 (D) (C) A special session of the general assembly.
17 (4) "Special session" means that period of time during which the
2023 IN 1337—LS 6713/DI 116 2
1 general assembly is convened in session upon the proclamation
2 and call of the governor under Article 4, Section 9 of the
3 Constitution of the State of Indiana.
4 SECTION 2. IC 2-2.1-1.2 IS REPEALED [EFFECTIVE UPON
5 PASSAGE]. (Emergency Sessions).
6 SECTION 3. IC 2-5-1.1-5, AS AMENDED BY P.L.64-2021,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 5. (a) The council may do any of the
9 following:
10 (1) On its own initiative or at the direction of the general
11 assembly or of the senate or house of representatives, study
12 subjects of interest and concern, and based on such a study,
13 recommend such legislation as the welfare of the state may
14 require.
15 (2) Direct standing committees of the senate or house of
16 representatives, or appoint committees and subcommittees subject
17 to the authority of the council, to carry out studies on subjects of
18 interest and concern.
19 (3) Recommend such codification and general revision of the
20 constitution and the laws of the state as may from time to time be
21 necessary.
22 (4) Require any officer or agency, board, commission, committee
23 or other instrumentality of the state or of a political subdivision of
24 the state to provide information bearing on subjects under
25 consideration by the council or by standing committee or any of
26 its committees or subcommittees.
27 (5) By an affirmative vote of two-thirds (2/3) of its members
28 present and voting:
29 (A) administer oaths, issue subpoenas, compel the attendance
30 of witnesses and the production of papers, books, accounts,
31 documents and testimony and have the deposition of witnesses
32 taken in the manner prescribed by law for taking depositions
33 in civil actions bearing on subjects under consideration by the
34 council or by any of its committees or subcommittees; and
35 (B) petition, through the presiding officer of the council, any
36 circuit court, superior court, or probate court of the appropriate
37 county for an order for compliance with any order or
38 subpoenas issued under this section.
39 (6) Adopt such rules and procedures and organize such agencies
40 as may be necessary or appropriate to carry out its duties.
41 (7) Receive appropriations and make allocations for the
42 reasonable and necessary expenditures of the council and the
2023 IN 1337—LS 6713/DI 116 3
1 standing and interim committees of the house of representatives,
2 senate and general assembly.
3 (8) Enter into whatever contracts or other arrangements deemed
4 by it to be necessary or appropriate to exercising its rights,
5 privileges, and powers and performing its duties under this
6 chapter and IC 2-6-1.5 and to carrying out the intent, purposes,
7 and provisions of this chapter and IC 2-6-1.5.
8 (9) Initiate sessions of the general assembly under IC 2-2.1-1.2.
9 (10) (9) Do all other things necessary and proper to perform the
10 functions of the legislative department of government and to carry
11 out the intent, purposes and provisions of this chapter.
12 (b) The council may authorize its executive director to act on its
13 behalf and with its authority on any matter of administration under this
14 chapter and under IC 2-6-1.5, including executing and implementing
15 any contract or other arrangement under which it agrees to be bound.
16 SECTION 4. IC 4-12-18-5, AS AMENDED BY P.L.174-2022,
17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 5. Discretionary funds deposited into an
19 economic stimulus fund during a period in which the general assembly
20 is convened in a regular session an emergency session under
21 IC 2-2.1-1.2, or a special session may not be allotted or expended
22 unless appropriated by the general assembly or reviewed by the budget
23 committee. Appropriations made by the general assembly do not revert
24 until the end of the biennium in which they are appropriated.
25 SECTION 5. IC 4-12-18-6, AS AMENDED BY P.L.174-2022,
26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 6. Before discretionary funds deposited into
28 an economic stimulus fund during a period in which the general
29 assembly is not convened in a regular session an emergency session
30 under IC 2-2.1-1.2, or a special session may be allotted to or expended
31 by a state agency or instrumentality, the allotment or expenditure must
32 be reviewed by the budget committee. Money is considered
33 continuously appropriated for the period of the federal award after
34 budget committee review.
35 SECTION 6. IC 4-21.5-4-2 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The agency
37 shall issue the order under this chapter by one (1) of the following
38 procedures:
39 (1) Except as provided in IC 25-1-9-10, without notice or an
40 evidentiary proceeding, by any authorized individual or panel of
41 individuals.
42 (2) After a hearing conducted by an administrative law judge.
2023 IN 1337—LS 6713/DI 116 4
1 (b) The resulting order must include a brief statement of the facts
2 and the law that justifies the agency's decision to take the specific
3 action under this chapter.
4 (c) In the event of a disaster emergency declared under
5 IC 10-14-3-12, the resulting order under this section must be
6 narrowly tailored to serve a compelling public health or safety
7 interest.
8 SECTION 7. IC 4-21.5-5-14 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The burden
10 of demonstrating the invalidity of agency action is on the party to the
11 judicial review proceeding asserting invalidity.
12 (b) The validity of agency action shall be determined in accordance
13 with the standards of review provided in this section, as applied to the
14 agency action at the time it was taken.
15 (c) The court shall make findings of fact on each material issue on
16 which the court's decision is based.
17 (d) The court shall grant relief under section 15 of this chapter only
18 if it determines that a person seeking judicial relief has been prejudiced
19 by an agency action that is:
20 (1) arbitrary, capricious, an abuse of discretion, or otherwise not
21 in accordance with law;
22 (2) contrary to constitutional right, power, privilege, or immunity;
23 (3) in excess of statutory jurisdiction, authority, or limitations, or
24 short of statutory right;
25 (4) without observance of procedure required by law; or
26 (5) unsupported by substantial evidence.
27 (e) In addition to the factors described in subsection (d), in the
28 event of a disaster emergency declared under IC 10-14-3-12, the
29 court shall grant relief under section 15 of this chapter if it
30 determines that a person seeking judicial relief has been prejudiced
31 by an agency action that has not been:
32 (1) applied equally to a similarly situated person; and
33 (2) narrowly tailored to serve a compelling public health or
34 safety interest as described in IC 4-21.5-4-2(c).
35 The governor is prohibited from suspending any provision of this
36 subsection under the governor's authority to suspend statutes
37 under IC 10-14-3-12.
38 SECTION 8. IC 10-14-3-11, AS AMENDED BY P.L.99-2021,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
41 control of the agency and is responsible for carrying out this chapter.
42 In the event of disaster or emergency beyond local control, the
2023 IN 1337—LS 6713/DI 116 5
1 governor may assume direct operational control over all or any part of
2 the emergency management functions within Indiana.
3 (b) In performing the governor's duties under this chapter, the
4 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
5 following:
6 (1) Make, amend, and rescind the necessary orders, rules, and
7 regulations to carry out this chapter with due consideration of the
8 plans of the federal government. However, the orders, rules,
9 and regulations that have been made, amended, or rescinded
10 must be narrowly tailored to serve a compelling public health
11 or safety interest.
12 (2) Cooperate with the President of the United States and the
13 heads of the armed forces, the Federal Emergency Management
14 Agency, and the officers and agencies of other states in matters
15 pertaining to emergency management and disaster preparedness,
16 response, and recovery of the state and nation. In cooperating
17 under this subdivision, the governor may take any measures that
18 the governor considers proper to carry into effect any request of
19 the President of the United States and the appropriate federal
20 officers and agencies for any emergency management action,
21 including the direction or control of disaster preparations,
22 including the following:
23 (A) Mobilizing emergency management forces and other tests
24 and exercises.
25 (B) Providing warnings and signals for drills, actual
26 emergencies, or disasters.
27 (C) Shutting off water mains, gas mains, and electric power
28 connections and suspending any other utility service.
29 (D) Conducting civilians and the movement and cessation of
30 movement of pedestrians and vehicular traffic during, before,
31 and after drills, actual emergencies, or other disasters.
32 (E) Holding public meetings or gatherings.
33 (F) Evacuating and receiving the civilian population.
34 (3) Take any action and give any direction to state and local law
35 enforcement officers and agencies as may be reasonable and
36 necessary for securing compliance with this chapter and with any
37 orders, rules, and regulations made under this chapter.
38 (4) Employ any measure and give any direction to the state
39 department of health or local boards of health as is reasonably
40 necessary for securing compliance with this chapter or with the
41 findings or recommendations of the state department of health or
42 local boards of health because of conditions arising from actual
2023 IN 1337—LS 6713/DI 116 6
1 or threatened:
2 (A) national security emergencies; or
3 (B) manmade or natural disasters or emergencies.
4 However, any state or local agency, including the Indiana
5 department of health or local boards of health, shall only
6 impose a restriction that is narrowly tailored to serve a
7 compelling public health or safety interest.
8 (5) Use the services and facilities of existing officers, agencies of
9 the state, and of political subdivisions. All officers and agencies
10 of the state and of political subdivisions shall cooperate with and
11 extend services and facilities to the governor as the governor may
12 request.
13 (6) Establish agencies and offices and appoint executive,
14 technical, clerical, and other personnel necessary to carry out this
15 chapter, including the appointment of full-time state and area
16 directors.
17 SECTION 9. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
20 emergency by executive order or proclamation if the governor
21 determines that a disaster has occurred or that the occurrence or the
22 threat of a disaster is imminent. Except as provided in subsection (b),
23 the state of disaster emergency continues until the governor: earlier of
24 the following:
25 (1) The governor:
26 (A) determines that the threat or danger has passed or the
27 disaster has been dealt with to the extent that emergency
28 conditions no longer exist; and
29 (2) (B) terminates the state of disaster emergency by executive
30 order or proclamation.
31 (2) If the disaster which is the basis of the emergency order
32 impacts an area of the state:
33 (A) which does not exceed the lesser of:
34 (i) thirty-one (31) counties; or
35 (ii) an area which is inhabited by less than thirty-three
36 and one-third percent (33 1/3%) of the population of the
37 state determined in accordance to IC 1-1-3.5-3;
38 thirty (30) days, but the governor may renew the
39 emergency declaration in thirty (30) day increments not to
40 exceed a period of twelve (12) months; or
41 (B) not described in clause (A), thirty (30) days after the
42 initial date of the governor's executive order and the state
2023 IN 1337—LS 6713/DI 116 7
1 of disaster emergency may not be renewed or extended by
2 the governor without the approval of the general assembly.
3 An executive order issued under this section must indicate the
4 nature of the disaster, the specific area or areas impacted by the
5 disaster, and the conditions which have brought the disaster about
6 as well as the conditions that make possible termination of the state
7 of disaster emergency. An executive order under this section shall
8 be disseminated promptly by means calculated to bring the order's
9 contents to the attention of the general public. Unless the
10 circumstances attendant upon the disaster prevent or impede, an
11 executive order shall be promptly filed with the secretary of state
12 and with the clerk of the city or town affected or with the circuit
13 court clerk of the county affected.
14 (b) A state of disaster emergency may not continue for longer than
15 thirty (30) days unless the state of disaster emergency is renewed by the
16 governor. The general assembly, by concurrent resolution, may
17 terminate a state of disaster emergency at any time. If the general
18 assembly terminates a state of disaster emergency under this
19 subsection, the governor shall issue an executive order or proclamation
20 ending the state of disaster emergency as described in subsection (a).
21 All executive orders or proclamations issued under this subsection
22 must indicate the nature of the disaster, the area or areas threatened,
23 and the conditions which have brought the disaster about or that make
24 possible termination of the state of disaster emergency. An executive
25 order or proclamation under this subsection shall be disseminated
26 promptly by means calculated to bring the order's or proclamation's
27 contents to the attention of the general public. Unless the
28 circumstances attendant upon the disaster prevent or impede, an
29 executive order or proclamation shall be promptly filed with the
30 secretary of state and with the clerk of the city or town affected or with
31 the clerk of the circuit court.
32 (b) (c) An executive order or proclamation of a state of disaster
33 emergency renewed or extended under this section:
34 (1) activates the disaster response and recovery aspects of the
35 state, local, and interjurisdictional disaster emergency plans
36 applicable to the affected political subdivision or area; and
37 (2) is authority for:
38 (A) deployment and use of any forces to which the plan or
39 plans apply; and
40 (B) use or distribution of any supplies, equipment, materials,
41 and facilities assembled, stockpiled, or arranged to be made
42 available under this chapter or under any other law relating to
2023 IN 1337—LS 6713/DI 116 8
1 disaster emergencies.
2 (c) (d) During the continuance of any state of disaster emergency,
3 the governor is commander-in-chief of the organized and unorganized
4 militia and of all other forces available for emergency duty. To the
5 greatest extent practicable, the governor shall delegate or assign
6 command authority by prior arrangement embodied in appropriate
7 executive orders or regulations. This section does not restrict the
8 governor's authority to delegate or assign command authority by orders
9 issued at the time of the disaster emergency.
10 (d) (e) In addition to the governor's other powers, and subject to
11 sections 12.5 and 12.7 of this chapter, the governor may do the
12 following while the state of emergency exists:
13 (1) Unless otherwise prohibited by law, suspend the provisions
14 of any regulatory statute prescribing the procedures for conduct
15 of state business, or the orders, rules, or regulations of any state
16 agency if strict compliance with any of these provisions would in
17 any way prevent, hinder, or delay necessary action in coping with
18 the emergency.
19 (2) Use all available resources of the state government and of
20 each political subdivision of the state reasonably necessary to
21 cope with the disaster emergency.
22 (3) Transfer the direction, personnel, or functions of state
23 departments and agencies or units for performing or facilitating
24 emergency services.
25 (4) Subject to any applicable requirements for compensation
26 under section 31 of this chapter, commandeer or use any private
27 property if the governor finds this action necessary to cope with
28 the disaster emergency.
29 (5) Assist in the evacuation of all or part of the population from
30 any stricken or threatened area in Indiana if the governor
31 considers this action necessary for the preservation of life or other
32 disaster mitigation, response, or recovery.
33 (6) Prescribe routes, modes of transportation, and destinations in
34 connection with evacuation.
35 (7) Control ingress to and egress from a disaster area, the
36 movement of persons within the area, and the occupancy of
37 premises in the area.
38 (8) Suspend or limit the sale, dispensing, or transportation of
39 alcoholic beverages, explosives, and combustibles.
40 (9) Make provision for the availability and use of temporary
41 emergency housing.
42 (10) Allow persons who:
2023 IN 1337—LS 6713/DI 116 9
1 (A) are registered as volunteer health practitioners by an
2 approved registration system under IC 10-14-3.5; or
3 (B) hold a license to practice:
4 (i) medicine;
5 (ii) dentistry;
6 (iii) pharmacy;
7 (iv) nursing;
8 (v) engineering;
9 (vi) veterinary medicine;
10 (vii) mortuary service; and
11 (viii) similar other professions as may be specified by the
12 governor;
13 to practice their respective profession in Indiana during the period
14 of the state of emergency if the state in which a person's license
15 or registration was issued has a mutual aid compact for
16 emergency management with Indiana.
17 (11) Give specific authority to allocate drugs, foodstuffs, and
18 other essential materials and services.
19 SECTION 10. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
22 (1) may be declared only by the principal executive officer of a
23 political subdivision; and
24 (2) may not be continued or renewed for more than seven (7) days
25 except by or with the consent of the governing board of the
26 political subdivision.
27 Any order or proclamation declaring, continuing, or terminating a local
28 disaster emergency shall be given prompt and general publicity and
29 shall be filed promptly in the office of the clerk of the political
30 subdivision, and must be narrowly tailored to serve a compelling
31 public health or safety interest.
32 (b) The effect of a declaration of a local disaster emergency is to:
33 (1) activate the response and recovery aspects of all applicable
34 local or interjurisdictional disaster emergency plans; and
35 (2) authorize the furnishing of aid and assistance under the plans.
36 (c) An interjurisdictional agency or official may not declare a local
37 disaster emergency unless expressly authorized by the agreement under
38 which the agency functions. However, an interjurisdictional disaster
39 agency shall provide aid and services according to the agreement.
40 (d) If a local disaster emergency is declared under this section, the
41 political subdivision may not prohibit individuals engaged in
42 employment necessary to:
2023 IN 1337—LS 6713/DI 116 10
1 (1) maintain a safe rail system;
2 (2) restore utility service; or
3 (3) provide any other emergency public service;
4 from traveling on the highways within the political subdivision during
5 the local disaster emergency.
6 (e) If a local disaster emergency is declared under this section, the
7 political subdivision may not prohibit individuals trained and certified
8 as first response broadcasters, as set forth in section 22.5 of this
9 chapter, from traveling on the highways within the political subdivision
10 during the local disaster emergency.
11 (f) If a local emergency is declared under this section, the political
12 subdivision may not prohibit individuals trained and certified as first
13 response communications service providers, as set forth in section 22.6
14 of this chapter, from traveling on the highways within the political
15 subdivision during the local disaster emergency.
16 (g) If a local emergency is declared under this section, the political
17 subdivision must comply with sections 12.5 and 12.7 of this chapter.
18 SECTION 11. IC 10-14-3-35 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE UPON PASSAGE]: Sec. 35. The governor is
21 prohibited from suspending any provision of:
22 (1) IC 2;
23 (2) IC 4-21.5-5-14(e); or
24 (3) this chapter;
25 under the governor's authority to suspend statutes under section
26 12 of this chapter.
27 SECTION 12. An emergency is declared for this act.
2023 IN 1337—LS 6713/DI 116