Indiana 2024 Regular Session

Indiana House Bill HB1145 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. 1145
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-9.1; IC 6-8-13-2; IC 10-14-3; IC 16-19;
7	7	IC 16-20-1; IC 16-22-8-31.
8	8	Synopsis: Emergency powers. Provides that the governor shall declare
9	9	a disaster emergency by executive order or proclamation only to the
10	10	extent necessary to provide assistance or otherwise implement
11	11	measures directly related to a federal declaration of emergency for all
12	12	or a portion of Indiana. Provides that the orders, rules, and regulations
13	13	made, amended, or rescinded by the governor must be narrowly
14	14	tailored to serve a compelling public health or safety interest. Provides
15	15	that if the governor declares a state of disaster emergency, the state of
16	16	disaster emergency expires not later than 14 days after the declaration
17	17	and may not be renewed. Provides that the governor may suspend
18	18	certain regulatory statutes only to the extent necessary to carry out
19	19	certain emergency responses. Provides that the governor may not
20	20	suspend any provision of any regulatory statute if that suspension
21	21	infringes upon any right or protection guaranteed or provided in the
22	22	Constitution of the United States or the Constitution of the State of
23	23	Indiana. Provides that nothing may be construed to authorize the
24	24	executive board of the Indiana department of health (department) to
25	25	suspend any law, ordinance, or regulation enacted by the general
26	26	assembly or other legislative body as part of a rule adopted by the
27	27	executive board. Provides that the department may establish quarantine
28	28	and may do what is reasonable and necessary for the prevention and
29	29	suppression of disease if the department is authorized to do so in a
30	30	declared disaster emergency. Provides that the department may order
31	31	schools closed and forbid public gatherings when considered necessary
32	32	to prevent and stop epidemics if the department is specifically
33	33	(Continued next page)
34	34	Effective: Upon passage.
35	35	Lucas
36	36	January 8, 2024, read first time and referred to Committee on Public Health.
37	37	2024 IN 1145—LS 6285/DI 116 Digest Continued
38	38	authorized to do so in an emergency declaration. Provides that certain
39	39	actions authorized by the commissioner of the department, local health
40	40	boards, or local health officers may not be construed to authorize the
41	41	commissioner, board, or officer to suspend any law or regulation
42	42	enacted by the general assembly or other legislative body unless
43	43	otherwise specifically authorized by a declared disaster emergency.
44	44	Repeals provisions relating to the governor's authority to establish an
45	45	energy emergency.
46	46	2024 IN 1145—LS 6285/DI 1162024 IN 1145—LS 6285/DI 116 Introduced
47	47	Second Regular Session of the 123rd General Assembly (2024)
48	48	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
49	49	Constitution) is being amended, the text of the existing provision will appear in this style type,
50	50	additions will appear in this style type, and deletions will appear in this style type.
51	51	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
52	52	provision adopted), the text of the new provision will appear in this style type. Also, the
53	53	word NEW will appear in that style type in the introductory clause of each SECTION that adds
54	54	a new provision to the Indiana Code or the Indiana Constitution.
55	55	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
56	56	between statutes enacted by the 2023 Regular Session of the General Assembly.
57	57	HOUSE BILL No. 1145
58	58	A BILL FOR AN ACT to amend the Indiana Code concerning
59	59	public safety.
60	60	Be it enacted by the General Assembly of the State of Indiana:
61	61	1 SECTION 1. IC 4-6-9.1-1 IS AMENDED TO READ AS
62	62	2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Sections 1
63	63	3 through 7 of this chapter apply to the period during which an
64	64	4 emergency is declared and the twenty-four (24) hours before the
65	65	5 declaration by the governor under IC 10-14-3-12. or IC 10-14-3-13.
66	66	6 (b) The definitions in IC 10-14-3 apply to this chapter.
67	67	7 SECTION 2. IC 4-6-9.1-7 IS AMENDED TO READ AS
68	68	8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. This chapter
69	69	9 preempts the power of local governments to regulate pricing of
70	70	10 commodities under a declaration of emergency:
71	71	11 (1) under IC 10-14-3-12; or
72	72	12 (2) under IC 10-14-3-13; or
73	73	13 (3) (2) by a local government.
74	74	14 SECTION 3. IC 6-8-13-2, AS ADDED BY P.L.293-2013(ts),
75	75	15 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
76	76	2024 IN 1145—LS 6285/DI 116 2
77	77	1 UPON PASSAGE]: Sec. 2. As used in this chapter, "disaster
78	78	2 emergency" means the following:
79	79	3 (1) A disaster emergency declared under IC 10-14-3-12.
80	80	4 (2) A state of energy emergency declared under IC 10-14-3-13.
81	81	5 (3) (2) A local disaster emergency declared under IC 10-14-3-29.
82	82	6 (4) (3) A request by a registered business for disaster or
83	83	7 emergency assistance under a mutual assistance agreement.
84	84	8 SECTION 4. IC 10-14-3-11, AS AMENDED BY P.L.56-2023,
85	85	9 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86	86	10 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
87	87	11 control of the agency and is responsible for carrying out this chapter.
88	88	12 In the event of disaster or emergency beyond local control, the
89	89	13 governor may assume direct operational control over all or any part of
90	90	14 the emergency management functions within Indiana.
91	91	15 (b) In performing the governor's duties under this chapter, the
92	92	16 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
93	93	17 following:
94	94	18 (1) Make, amend, and rescind the necessary orders, rules, and
95	95	19 regulations to carry out this chapter with due consideration of the
96	96	20 plans of the federal government. However, the orders, rules,
97	97	21 and regulations that are made, amended, or rescinded must be
98	98	22 narrowly tailored to serve a compelling public health or safety
99	99	23 interest.
100	100	24 (2) Cooperate with the President of the United States and the
101	101	25 heads of the armed forces, the Federal Emergency Management
102	102	26 Agency, and the officers and agencies of other states in matters
103	103	27 pertaining to emergency management and disaster preparedness,
104	104	28 response, and recovery of the state and nation. In cooperating
105	105	29 under this subdivision, the governor may take any measures that
106	106	30 the governor considers proper to carry into effect any request of
107	107	31 the President of the United States and the appropriate federal
108	108	32 officers and agencies for any emergency management action,
109	109	33 including the direction or control of disaster preparations,
110	110	34 including the following:
111	111	35 (A) Mobilizing emergency management forces and other tests
112	112	36 and exercises.
113	113	37 (B) Providing warnings and signals for drills, actual
114	114	38 emergencies, or disasters.
115	115	39 (C) Shutting off water mains, gas mains, and electric power
116	116	40 connections and suspending any other utility service.
117	117	41 (D) Conducting civilians and the movement and cessation of
118	118	42 movement of pedestrians and vehicular traffic during, before,
119	119	2024 IN 1145—LS 6285/DI 116 3
120	120	1 and after drills, actual emergencies, or other disasters.
121	121	2 (E) Holding public meetings or gatherings.
122	122	3 (F) Evacuating and receiving the civilian population.
123	123	4 (3) Take any action and give any direction to state and local law
124	124	5 enforcement officers and agencies as may be reasonable and
125	125	6 necessary for securing compliance with this chapter and with any
126	126	7 orders, rules, and regulations made under this chapter.
127	127	8 (4) Employ any measure and give any direction to the Indiana
128	128	9 department of health or local boards of health as is reasonably
129	129	10 necessary for securing compliance with this chapter or with the
130	130	11 findings or recommendations of the Indiana department of health
131	131	12 or local boards of health because of conditions arising from actual
132	132	13 or threatened:
133	133	14 (A) national security emergencies; or
134	134	15 (B) manmade or natural disasters or emergencies.
135	135	16 (5) Use the services and facilities of existing officers, agencies of
136	136	17 the state, and of political subdivisions. All officers and agencies
137	137	18 of the state and of political subdivisions shall cooperate with and
138	138	19 extend services and facilities to the governor as the governor may
139	139	20 request.
140	140	21 (6) Establish agencies and offices and appoint executive,
141	141	22 technical, clerical, and other personnel necessary to carry out this
142	142	23 chapter, including the appointment of full-time state and area
143	143	24 directors.
144	144	25 SECTION 5. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
145	145	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146	146	27 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
147	147	28 emergency by executive order or proclamation if the governor
148	148	29 determines that a disaster has occurred or that the occurrence or the
149	149	30 threat of a disaster is imminent. only to the extent necessary to
150	150	31 provide assistance or otherwise implement measures directly
151	151	32 related to a federal declaration of emergency for all or a portion of
152	152	33 Indiana. The state of disaster emergency continues until the governor:
153	153	34 (1) determines that the threat or danger has passed or the disaster
154	154	35 has been dealt with to the extent that emergency conditions no
155	155	36 longer exist; and
156	156	37 (2) terminates the state of disaster emergency by executive order
157	157	38 or proclamation.
158	158	39 A state of disaster emergency may not continue for longer than thirty
159	159	40 (30) days unless the state of disaster emergency is renewed by the
160	160	41 governor. fourteen (14) days. The state of disaster emergency may
161	161	42 not be renewed by the governor. The general assembly, by concurrent
162	162	2024 IN 1145—LS 6285/DI 116 4
163	163	1 resolution, may terminate a state of disaster emergency at any time. If
164	164	2 the general assembly terminates a state of disaster emergency under
165	165	3 this subsection, the governor shall issue an executive order or
166	166	4 proclamation ending the state of disaster emergency. All executive
167	167	5 orders or proclamations issued under this subsection must indicate the
168	168	6 nature of the disaster, the area or areas threatened, and the conditions
169	169	7 which have brought the disaster about or that make possible
170	170	8 termination of the state of disaster emergency. An executive order or
171	171	9 proclamation under this subsection shall be disseminated promptly by
172	172	10 means calculated to bring the order's or proclamation's contents to the
173	173	11 attention of the general public. Unless the circumstances attendant
174	174	12 upon the disaster prevent or impede, an executive order or
175	175	13 proclamation shall be promptly filed with the secretary of state and
176	176	14 with the clerk of the city or town affected or with the clerk of the circuit
177	177	15 court.
178	178	16 (b) An executive order or proclamation of a state of disaster
179	179	17 emergency:
180	180	18 (1) activates the disaster response and recovery aspects of the
181	181	19 state, local, and interjurisdictional disaster emergency plans
182	182	20 applicable to the affected political subdivision or area; and
183	183	21 (2) is authority for:
184	184	22 (A) deployment and use of any forces to which the plan or
185	185	23 plans apply; and
186	186	24 (B) use or distribution of any supplies, equipment, materials,
187	187	25 and facilities assembled, stockpiled, or arranged to be made
188	188	26 available under this chapter or under any other law relating to
189	189	27 disaster emergencies.
190	190	28 (c) During the continuance of any state of disaster emergency, the
191	191	29 governor is commander-in-chief of the organized and unorganized
192	192	30 militia and of all other forces available for emergency duty. To the
193	193	31 greatest extent practicable, the governor shall delegate or assign
194	194	32 command authority by prior arrangement embodied in appropriate
195	195	33 executive orders or regulations. This section does not restrict the
196	196	34 governor's authority to delegate or assign command authority by orders
197	197	35 issued at the time of the disaster emergency.
198	198	36 (d) In addition to the governor's other powers, and subject to
199	199	37 sections 12.5 and 12.7 of this chapter, the governor may do the
200	200	38 following while the state of emergency exists:
201	201	39 (1) Subject to subsection (e), suspend the provisions of any
202	202	40 regulatory statute prescribing the procedures for conduct of state
203	203	41 business, or the orders, rules, or regulations of any state agency if
204	204	42 strict compliance with any of these provisions would in any way
205	205	2024 IN 1145—LS 6285/DI 116 5
206	206	1 prevent, hinder, or delay necessary action in coping with the
207	207	2 emergency. only to the extent necessary to directly carry out
208	208	3 subdivisions (2) through (11).
209	209	4 (2) Use all available resources of the state government and of
210	210	5 each political subdivision of the state only to the extent
211	211	6 necessary to reasonably necessary to cope with the disaster
212	212	7 emergency.
213	213	8 (3) Transfer the direction, personnel, or functions of state
214	214	9 departments and agencies or units for performing or facilitating
215	215	10 emergency services.
216	216	11 (4) Subject to any applicable requirements for compensation
217	217	12 under section 31 of this chapter and only to the extent necessary
218	218	13 to cope with the disaster emergency, commandeer or use any
219	219	14 private property if the governor finds this action necessary to cope
220	220	15 with the disaster emergency.
221	221	16 (5) Assist in the evacuation of all or part of the population from
222	222	17 any stricken or threatened area in Indiana if the governor
223	223	18 considers this action necessary for the preservation of life or other
224	224	19 disaster mitigation, response, or recovery.
225	225	20 (6) Prescribe routes, modes of transportation, and destinations in
226	226	21 connection with evacuation.
227	227	22 (7) Control ingress to and egress from a disaster area, the
228	228	23 movement of persons within the area, and the occupancy of
229	229	24 premises in the area.
230	230	25 (8) Only to the extent necessary to cope with the disaster
231	231	26 emergency, suspend or limit the sale, dispensing, or
232	232	27 transportation of alcoholic beverages, explosives, and
233	233	28 combustibles.
234	234	29 (9) Make provision for the availability and use of temporary
235	235	30 emergency housing.
236	236	31 (10) Allow persons who:
237	237	32 (A) are registered as volunteer health practitioners by an
238	238	33 approved registration system under IC 10-14-3.5; or
239	239	34 (B) hold a license to practice:
240	240	35 (i) medicine;
241	241	36 (ii) dentistry;
242	242	37 (iii) pharmacy;
243	243	38 (iv) nursing;
244	244	39 (v) engineering;
245	245	40 (vi) veterinary medicine;
246	246	41 (vii) mortuary service; and
247	247	42 (viii) similar other professions as may be specified by the
248	248	2024 IN 1145—LS 6285/DI 116 6
249	249	1 governor;
250	250	2 to practice their respective profession in Indiana during the period
251	251	3 of the state of emergency if the state in which a person's license
252	252	4 or registration was issued has a mutual aid compact for
253	253	5 emergency management with Indiana.
254	254	6 (11) Give specific authority to allocate drugs, foodstuffs, and
255	255	7 other essential materials and services.
256	256	8 (e) The governor may not suspend any provision of any
257	257	9 regulatory statute if that suspension infringes upon any right or
258	258	10 protection that is guaranteed or provided in the Constitution of the
259	259	11 United States or the Constitution of the State of Indiana.
260	260	12 SECTION 6. IC 10-14-3-12.5, AS ADDED BY P.L.99-2021,
261	261	13 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
262	262	14 UPON PASSAGE]: Sec. 12.5. (a) The following definitions apply
263	263	15 throughout this section:
264	264	16 (1) "Disaster emergency" means
265	265	17 (A) a state or local disaster emergency declared under
266	266	18 IC 10-14-3; this chapter. and
267	267	19 (B) an epidemic described in IC 16-19-3-10.
268	268	20 (2) "Religious organization" means an organization, a religious
269	269	21 society, a church or other house of worship, a body of
270	270	22 communicants, an educational institution, or a group organized
271	271	23 and operated for religious purposes, regardless of whether it is
272	272	24 integrated or affiliated with a church or other house of worship.
273	273	25 The term includes an officer, owner, employee, manager,
274	274	26 religious leader, clergy, or minister of an organization described
275	275	27 in this subdivision.
276	276	28 (3) "Religious service" means a meeting, a gathering, or an
277	277	29 assembly of two (2) or more persons organized by a religious
278	278	30 organization for the purpose of worship, teaching, training,
279	279	31 providing educational services, conducting religious rituals, or
280	280	32 other activities undertaken by the religious organization for the
281	281	33 exercise of religion.
282	282	34 (b) Religious organizations provide essential services that are
283	283	35 necessary for the health and welfare of the public during a disaster
284	284	36 emergency. Subject to section 12.7 of this chapter, the state and a
285	285	37 political subdivision may not impose restrictions on:
286	286	38 (1) the operation of a religious organization; or
287	287	39 (2) religious services;
288	288	40 that are more restrictive than the restrictions imposed on other
289	289	41 businesses and organizations that provide essential services to the
290	290	42 public.
291	291	2024 IN 1145—LS 6285/DI 116 7
292	292	1 (c) This section does not prohibit the state or a political subdivision
293	293	2 from requiring a religious organization to comply with a generally
294	294	3 applicable health, safety, or occupancy requirement that is neutral
295	295	4 towards religious organizations and equally applicable to any
296	296	5 organization or business that provides essential services. However, the
297	297	6 state or political subdivision may not enforce any health, safety, or
298	298	7 occupancy requirement that imposes a substantial burden on a religious
299	299	8 service unless the state or political subdivision demonstrates that
300	300	9 applying the burden to the religious service in this particular instance
301	301	10 is essential to further a compelling governmental interest and is the
302	302	11 least restrictive means of furthering that compelling governmental
303	303	12 interest.
304	304	13 (d) A person may assert a violation of this section as a claim against
305	305	14 the state or a political subdivision in any judicial or administrative
306	306	15 proceeding, or as a defense in any judicial or administrative
307	307	16 proceeding, without regard to whether the proceeding is brought by or
308	308	17 in the name of the state, political subdivision, or any other party.
309	309	18 SECTION 7. IC 10-14-3-13 IS REPEALED [EFFECTIVE UPON
310	310	19 PASSAGE]. Sec. 13. (a) In addition to the governor's existing powers
311	311	20 and duties, the governor has the duties and special energy emergency
312	312	21 powers set forth in this section, subject to the limitations in this
313	313	22 chapter.
314	314	23 (b) The governor may, upon finding that an energy emergency
315	315	24 exists, proclaim a state of energy emergency at which time all the
316	316	25 general and specific emergency powers specified in this section and
317	317	26 section 14 of this chapter become effective.
318	318	27 (c) A proclamation issued under this section and any order or rule
319	319	28 issued as a result of the proclamation continues in effect until sixty (60)
320	320	29 days after the date of the proclamation of the energy emergency unless
321	321	30 the governor rescinds the proclamation and declares the energy
322	322	31 emergency ended before the expiration of the sixty (60) day period.
323	323	32 (d) The governor may not renew or extend a proclamation more than
324	324	33 once without approval of the general assembly.
325	325	34 (e) The conditions of an energy emergency cease when the governor
326	326	35 declares the end of an energy emergency.
327	327	36 (f) In a declared state of energy emergency, the governor may do the
328	328	37 following:
329	329	38 (1) Implement programs, controls, standards, priorities, and
330	330	39 quotas for the conservation and consumption of energy, including
331	331	40 plans and commission regulations for the curtailment of energy if
332	332	41 the governor imposes controls, quotas, or curtailments according
333	333	42 to the nature of the end use to be made of the energy consistent
334	334	2024 IN 1145—LS 6285/DI 116 8
335	335	1 with existing transmission and distribution systems serving the
336	336	2 geographic area affected by the energy emergency.
337	337	3 (2) Suspend and modify state pollution control standards and
338	338	4 requirements affecting or affected by the use of energy, including
339	339	5 standards or requirements relating to air or water quality control.
340	340	6 (3) Establish and implement intrastate regional programs and
341	341	7 agreements for the purposes of coordinating the energy program
342	342	8 and actions of the state with the federal government and other
343	343	9 states, localities, and other persons.
344	344	10 (4) Designate the execution and enforcement of emergency orders
345	345	11 to a state agency that regulates the energy form, resource, or
346	346	12 suppliers that are the subject of the proclaimed emergency.
347	347	13 (5) Suspend the provisions of any state statute regulating
348	348	14 transportation or the orders or rules of any state agency if strict
349	349	15 compliance with any of the provisions would prevent, hinder, or
350	350	16 delay necessary action in coping with the energy emergency.
351	351	17 (g) Restrictions, curtailments, or adjustments under subsection (f)
352	352	18 must:
353	353	19 (1) be ordered and continue only as long as demonstrably
354	354	20 necessary for the maintenance of essential services or
355	355	21 transportation or for the continued operation of the economy but
356	356	22 not longer than the proclamation's duration;
357	357	23 (2) be applied as uniformly as practicable within each class of
358	358	24 suppliers and consumers and without discrimination within a
359	359	25 class; and
360	360	26 (3) give due consideration to:
361	361	27 (A) the implementation of involuntary measures only after
362	362	28 voluntary measures have been determined to be ineffective;
363	363	29 (B) protection of public health and safety;
364	364	30 (C) maintenance of vital activities, including but not limited to
365	365	31 food, shelter, fuel, and medical care;
366	366	32 (D) minimization of economic impact on commercial, retail,
367	367	33 professional, agricultural, and service establishments;
368	368	34 (E) cooperation with other state, local, and federal
369	369	35 governments to avoid duplicating efforts; and
370	370	36 (F) maintenance of public information channels.
371	371	37 (h) This section does not mean that any program, control, standard,
372	372	38 priority quota, or other policy created under the authority of the
373	373	39 emergency powers authorized by this section has any continuing legal
374	374	40 effect after the cessation of a declared state of energy emergency.
375	375	41 (i) Except as provided in this section, this chapter does not exempt
376	376	42 a person from compliance with the provisions of any other law, rule, or
377	377	2024 IN 1145—LS 6285/DI 116 9
378	378	1 directive unless:
379	379	2 (1) specifically ordered by the governor; or
380	380	3 (2) impossibility of compliance is a direct result of the governor's
381	381	4 order.
382	382	5 (j) A proclamation issued under this section shall be:
383	383	6 (1) disseminated promptly and in a manner calculated to inform
384	384	7 the general public of its contents; and
385	385	8 (2) filed promptly with the secretary of state and the clerk of each
386	386	9 circuit court of Indiana.
387	387	10 SECTION 8. IC 10-14-3-14 IS REPEALED [EFFECTIVE UPON
388	388	11 PASSAGE]. Sec. 14. (a) In determining whether to declare an energy
389	389	12 emergency under section 13 of this chapter, the governor shall
390	390	13 consider:
391	391	14 (1) the availability of regional and national energy resources;
392	392	15 (2) local, state, regional, and national energy needs and shortages;
393	393	16 (3) the availability of short term alternative supplies on a local,
394	394	17 state, regional, and national basis;
395	395	18 (4) the economic effect of the declaration and the implementation
396	396	19 of any curtailment or conservation plans; and
397	397	20 (5) any other relevant factors.
398	398	21 (b) To protect the public welfare during conditions of energy
399	399	22 emergencies proclaimed under section 13 of this chapter, the governing
400	400	23 body of each city, town, or political subdivision of the state and each
401	401	24 state agency (including the utility regulatory commission) shall carry
402	402	25 out in the body's or agency's jurisdiction energy supply emergency
403	403	26 measures ordered by the governor.
404	404	27 (c) To attain uniformity throughout the country in measures taken
405	405	28 to aid in energy crisis management, all:
406	406	29 (1) action taken under this section and section 13 of this chapter;
407	407	30 and
408	408	31 (2) orders and rules made under this section and section 13 of this
409	409	32 chapter;
410	410	33 must be taken or made consistent with federal orders, rules, actions,
411	411	34 recommendations, and requests.
412	412	35 (d) A person shall comply with a specific order issued or action
413	413	36 taken by the governor under this section or section 13 of this chapter.
414	414	37 (e) During a state of energy emergency proclaimed under section 13
415	415	38 of this chapter, the governor may:
416	416	39 (1) subpoena:
417	417	40 (A) witnesses;
418	418	41 (B) material;
419	419	42 (C) relevant books;
420	420	2024 IN 1145—LS 6285/DI 116 10
421	421	1 (D) papers;
422	422	2 (E) accounts;
423	423	3 (F) records; and
424	424	4 (G) memoranda;
425	425	5 (2) administer oaths; and
426	426	6 (3) cause the depositions of persons residing within or outside
427	427	7 Indiana to be taken in the manner prescribed for depositions in
428	428	8 civil actions;
429	429	9 to obtain information relevant to energy resources that are the subject
430	430	10 of the proclaimed emergency.
431	431	11 (f) In obtaining information under subsection (e), the governor shall:
432	432	12 (1) avoid eliciting information already furnished by a person or
433	433	13 political subdivision in Indiana to a federal, state, or local
434	434	14 regulatory authority that is available for the governor's study; and
435	435	15 (2) cause reporting procedures, including forms, to conform to
436	436	16 existing requirements of federal, state, and local regulatory
437	437	17 authorities wherever possible.
438	438	18 (g) Information obtained under this section from a person who
439	439	19 designates that information as confidential shall be maintained as
440	440	20 confidential by the governor and by any person who obtains
441	441	21 information that the person knows to be confidential under this chapter.
442	442	22 The governor may not make known in any manner any particulars of
443	443	23 information to persons other than those specified in subsection (j).
444	444	24 (h) This section does not prohibit the use of confidential information
445	445	25 to prepare statistics or other general data for publication if the
446	446	26 information is presented in a manner that prevents identification of the
447	447	27 particular persons.
448	448	28 (i) A person who is served with a subpoena to:
449	449	29 (1) give testimony orally or in writing; or
450	450	30 (2) produce books, papers, correspondence, memoranda,
451	451	31 agreements, or other documents or records;
452	452	32 under this chapter may apply to an Indiana court for protection against
453	453	33 abuse or hardship in the manner provided by law.
454	454	34 (j) For purposes of this section, references to the governor in this
455	455	35 section include any other individual designated in writing by the
456	456	36 governor. A person designated by the governor shall preserve the
457	457	37 confidentiality of information in accordance with subsection (g).
458	458	38 (k) The powers vested in the governor under this section and section
459	459	39 13 of this chapter are in addition to and not instead of emergency
460	460	40 powers vested in the governor under this chapter or any other state law.
461	461	41 (l) The governor may authorize the incurring of liabilities and
462	462	42 expenses to be paid as other claims against the state from the general
463	463	2024 IN 1145—LS 6285/DI 116 11
464	464	1 fund in the amount necessary if:
465	465	2 (1) an energy emergency is declared by the governor; and
466	466	3 (2) the energy emergency justifies the expenditure;
467	467	4 in accordance with section 28 of this chapter for other emergency or
468	468	5 disaster expenditures.
469	469	6 SECTION 9. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
470	470	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471	471	8 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
472	472	9 (1) may be declared only by the principal executive officer of a
473	473	10 political subdivision; and
474	474	11 (2) may not be continued or renewed for more than seven (7) days
475	475	12 except by or with the consent of the governing board of the
476	476	13 political subdivision.
477	477	14 Any order or proclamation declaring, continuing, or terminating a local
478	478	15 disaster emergency shall be given prompt and general publicity and
479	479	16 shall be filed promptly in the office of the clerk of the political
480	480	17 subdivision, and must be narrowly tailored to serve a compelling
481	481	18 public health or safety interest.
482	482	19 (b) The effect of a declaration of a local disaster emergency is to:
483	483	20 (1) activate the response and recovery aspects of all applicable
484	484	21 local or interjurisdictional disaster emergency plans; and
485	485	22 (2) authorize the furnishing of aid and assistance under the plans.
486	486	23 (c) An interjurisdictional agency or official may not declare a local
487	487	24 disaster emergency unless expressly authorized by the agreement under
488	488	25 which the agency functions. However, an interjurisdictional disaster
489	489	26 agency shall provide aid and services according to the agreement.
490	490	27 (d) If a local disaster emergency is declared under this section, the
491	491	28 political subdivision may not prohibit individuals engaged in
492	492	29 employment necessary to:
493	493	30 (1) maintain a safe rail system;
494	494	31 (2) restore utility service; or
495	495	32 (3) provide any other emergency public service;
496	496	33 from traveling on the highways within the political subdivision during
497	497	34 the local disaster emergency.
498	498	35 (e) If a local disaster emergency is declared under this section, the
499	499	36 political subdivision may not prohibit individuals trained and certified
500	500	37 as first response broadcasters, as set forth in section 22.5 of this
501	501	38 chapter, from traveling on the highways within the political subdivision
502	502	39 during the local disaster emergency.
503	503	40 (f) If a local emergency is declared under this section, the political
504	504	41 subdivision may not prohibit individuals trained and certified as first
505	505	42 response communications service providers, as set forth in section 22.6
506	506	2024 IN 1145—LS 6285/DI 116 12
507	507	1 of this chapter, from traveling on the highways within the political
508	508	2 subdivision during the local disaster emergency.
509	509	3 (g) If a local emergency is declared under this section, the political
510	510	4 subdivision must comply with sections 12.5 and 12.7 of this chapter.
511	511	5 SECTION 10. IC 16-19-3-4, AS AMENDED BY P.L.143-2022,
512	512	6 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513	513	7 UPON PASSAGE]: Sec. 4. (a) The executive board may, by an
514	514	8 affirmative vote of a majority of its members, adopt reasonable rules on
515	515	9 behalf of the state department to protect or to improve the public health
516	516	10 in Indiana.
517	517	11 (b) The rules may concern but are not limited to the following:
518	518	12 (1) Nuisances dangerous to public health.
519	519	13 (2) The pollution of any water supply other than where
520	520	14 jurisdiction is in the environmental rules board and department of
521	521	15 environmental management.
522	522	16 (3) The disposition of excremental and sewage matter.
523	523	17 (4) The control of fly and mosquito breeding places.
524	524	18 (5) The detection, reporting, prevention, and control of diseases
525	525	19 that affect public health. However, nothing in this subdivision
526	526	20 may be construed to authorize the executive board to suspend
527	527	21 any law, ordinance, or regulation enacted by the general
528	528	22 assembly or other legislative body.
529	529	23 (6) The care of maternity and infant cases and the conduct of
530	530	24 maternity homes.
531	531	25 (7) The production, distribution, and sale of human food.
532	532	26 (8) Except as provided in section 4.4 of this chapter, the conduct
533	533	27 of camps.
534	534	28 (9) Standards of cleanliness of eating facilities for the public.
535	535	29 (10) Standards of cleanliness of sanitary facilities offered for
536	536	30 public use.
537	537	31 (11) The handling, disposal, disinterment, and reburial of dead
538	538	32 human bodies.
539	539	33 (12) Vital statistics.
540	540	34 (13) Sanitary conditions and facilities in public buildings and
541	541	35 grounds, including plumbing, drainage, sewage disposal, water
542	542	36 supply, lighting, heating, and ventilation, other than where
543	543	37 jurisdiction is vested by law in the fire prevention and building
544	544	38 safety commission or other state agency.
545	545	39 (14) The design, construction, and operation of swimming and
546	546	40 wading pools. However, the rules governing swimming and
547	547	41 wading pools do not apply to a pool maintained by an individual
548	548	42 for the sole use of the individual's household and house guests.
549	549	2024 IN 1145—LS 6285/DI 116 13
550	550	1 (c) The executive board shall adopt reasonable rules to regulate the
551	551	2 following:
552	552	3 (1) The sanitary operation of tattoo parlors.
553	553	4 (2) The sanitary operation of body piercing facilities.
554	554	5 (d) The executive board may adopt rules on behalf of the state
555	555	6 department for the efficient enforcement of this title, except as
556	556	7 otherwise provided. However, fees for inspections relating to weight
557	557	8 and measures may not be established by the rules.
558	558	9 (e) The executive board may declare that a rule described in
559	559	10 subsection (d) is necessary to meet an emergency and adopt the rule
560	560	11 under IC 4-22-2-37.1.
561	561	12 (f) The rules of the state department may not be inconsistent with
562	562	13 this title and or any other state law.
563	563	14 SECTION 11. IC 16-19-3-9 IS AMENDED TO READ AS
564	564	15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The state
565	565	16 department may establish quarantine and may do what is reasonable
566	566	17 and necessary for the prevention and suppression of disease. However,
567	567	18 nothing in this section may be construed to authorize the state
568	568	19 department to suspend any law, ordinance, or regulation enacted
569	569	20 by the general assembly or other legislative body unless otherwise
570	570	21 specifically authorized by a disaster emergency declared under
571	571	22 IC 10-14-3.
572	572	23 SECTION 12. IC 16-19-3-10, AS AMENDED BY P.L.99-2021,
573	573	24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
574	574	25 UPON PASSAGE]: Sec. 10. (a) The state department may order
575	575	26 schools closed and forbid public gatherings when considered necessary
576	576	27 to prevent and stop epidemics if the state department is specifically
577	577	28 authorized to do so by a disaster emergency declared under
578	578	29 IC 10-14-3.
579	579	30 (b) The state department may order a religious organization closed
580	580	31 only if the order complies with IC 10-14-3-12.5 through
581	581	32 IC 10-14-3-12.7.
582	582	33 SECTION 13. IC 16-19-4-10, AS ADDED BY P.L.208-2015,
583	583	34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584	584	35 UPON PASSAGE]: Sec. 10. (a) For purposes of IC 16-41-7.5, the state
585	585	36 health commissioner is authorized to declare a public health
586	586	37 emergency.
587	587	38 (b) Nothing in this section may be construed to authorize the
588	588	39 state health commissioner to suspend any law or regulation
589	589	40 enacted by the general assembly or other legislative body unless
590	590	41 otherwise specifically authorized by a disaster emergency declared
591	591	42 under IC 10-14-3.
592	592	2024 IN 1145—LS 6285/DI 116 14
593	593	1 SECTION 14. IC 16-20-1-19, AS AMENDED BY P.L.219-2021,
594	594	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
595	595	3 UPON PASSAGE]: Sec. 19. (a) Local health officers shall enforce the
596	596	4 health laws, ordinances, orders, rules, and regulations of the officer's
597	597	5 own and superior boards of health.
598	598	6 (b) Nothing in this section may be construed to authorize a local
599	599	7 health officer to suspend any law, ordinance, or regulation enacted
600	600	8 by the general assembly or other legislative body unless otherwise
601	601	9 specifically authorized by a disaster emergency declared under
602	602	10 IC 10-14-3.
603	603	11 (b) (c) Any enforcement action taken under subsection (a) in
604	604	12 response to:
605	605	13 (1) a declared local public health emergency determined by a
606	606	14 local health department or local health officer; or
607	607	15 (2) a disaster emergency declared by the governor under
608	608	16 IC 10-14-3-12;
609	609	17 is appealable under IC 16-20-5.5.
610	610	18 SECTION 15. IC 16-20-1-21 IS AMENDED TO READ AS
611	611	19 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) Each local
612	612	20 health board has the responsibility and authority to take any action
613	613	21 authorized by statute or rule of the state department to control
614	614	22 communicable diseases. The board of each local health department or
615	615	23 a designated representative may make sanitary and health inspections
616	616	24 to carry out this chapter and IC 16-20-8.
617	617	25 (b) Nothing in this section may be construed to authorize a local
618	618	26 health board to suspend any law, ordinance, or regulation enacted
619	619	27 by the general assembly or other legislative body unless otherwise
620	620	28 specifically authorized by a disaster emergency declared under
621	621	29 IC 10-14-3.
622	622	30 SECTION 16. IC 16-20-1-24, AS AMENDED BY P.L.99-2021,
623	623	31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624	624	32 UPON PASSAGE]: Sec. 24. (a) Local health officers may order
625	625	33 schools closed and forbid public gatherings when considered necessary
626	626	34 to prevent and stop epidemics if the local health officer is specifically
627	627	35 authorized to do so by a disaster emergency declared under
628	628	36 IC 10-14-3.
629	629	37 (b) A local health officer may order a religious organization closed
630	630	38 only if the order complies with IC 10-14-3-12.5 through
631	631	39 IC 10-14-3-12.7.
632	632	40 (c) An individual who takes action under this section shall comply
633	633	41 with state laws and rules.
634	634	42 SECTION 17. IC 16-20-1-26, AS AMENDED BY P.L.219-2021,
635	635	2024 IN 1145—LS 6285/DI 116 15
636	636	1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
637	637	2 UPON PASSAGE]: Sec. 26. (a) Except as provided in subsection (b),
638	638	3 a local board of health or local health officer may enforce the board's
639	639	4 or officer's orders, citations, and administrative notices by an action in
640	640	5 the circuit or superior court.
641	641	6 (b) This subsection only applies to an enforcement action described
642	642	7 in IC 16-20-5.5-2(a). A local board of health or local health officer may
643	643	8 not file an action under subsection (a) to enforce an order, citation, or
644	644	9 administrative notice unless the appropriate legislative body under
645	645	10 IC 16-20-5.5-1 has authorized the local board of health or local health
646	646	11 officer to file the action.
647	647	12 (c) The court may take any appropriate action in a proceeding under
648	648	13 this section, including any of the following:
649	649	14 (1) Issuing an injunction.
650	650	15 (2) Entering a judgment.
651	651	16 (3) Issuing an order and conditions under IC 16-41-9.
652	652	17 (4) Ordering the suspension or revocation of a license.
653	653	18 (5) Ordering an inspection.
654	654	19 (6) Ordering that a property be vacated.
655	655	20 (7) Ordering that a structure be demolished.
656	656	21 (8) Imposing a penalty not to exceed an amount set forth in
657	657	22 IC 36-1-3-8(a)(10).
658	658	23 (9) Imposing court costs and fees under IC 33-37-4-2 and
659	659	24 IC 33-37-5.
660	660	25 (10) Ordering the respondent to take appropriate action in a
661	661	26 specified time to comply with the order of the local board of
662	662	27 health or local health officer.
663	663	28 (11) Ordering a local board of health or local health officer to take
664	664	29 appropriate action to enforce an order within a specified time.
665	665	30 (d) The county attorney in which a local board of health or local
666	666	31 health officer has jurisdiction shall represent the local health board and
667	667	32 local health officer in the action unless the county executive, local
668	668	33 board of health, or health and hospital corporation employs other legal
669	669	34 counsel or the matter has been referred through law enforcement
670	670	35 authorities to the prosecuting attorney.
671	671	36 (e) A recipient of any enforcement action described in section 19(b)
672	672	37 19(c) of this chapter may:
673	673	38 (1) appeal the enforcement action under IC 16-20-5.5; or
674	674	39 (2) bring an action directly in the circuit or superior court.
675	675	40 However, a recipient who brings an action directly in the circuit or
676	676	41 superior court waives the right to appeal under IC 16-20-5.5, and any
677	677	42 appeal under IC 16-20-5.5 that is pending at the time the recipient files
678	678	2024 IN 1145—LS 6285/DI 116 16
679	679	1 an action in the circuit or superior court is dismissed by operation of
680	680	2 law.
681	681	3 SECTION 18. IC 16-22-8-31, AS AMENDED BY P.L.219-2021,
682	682	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
683	683	5 UPON PASSAGE]: Sec. 31. (a) The director of the division of public
684	684	6 health has the powers, functions, and duties of a local health officer.
685	685	7 However, nothing in this section may be construed to authorize the
686	686	8 director to suspend any law, ordinance, or regulation enacted by
687	687	9 the general assembly or other legislative body unless otherwise
688	688	10 specifically authorized by a disaster emergency declared under
689	689	11 IC 10-14-3.
690	690	12 (b) Except as provided in subsection (c), orders, citations, and
691	691	13 administrative notices of violation issued by the director of the division
692	692	14 of public health, the director's authorized representative, a supervisor
693	693	15 in the division, or an environmental health specialist may be enforced
694	694	16 by the corporation in a court with jurisdiction by filing a civil action in
695	695	17 accordance with IC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1,
696	696	18 IC 36-1-6-4, or IC 36-7-9-17.
697	697	19 (c) This subsection only applies to an enforcement action described
698	698	20 in section 31.5(a) of this chapter. The corporation may not file a civil
699	699	21 action under subsection (b) to enforce an order, citation, or
700	700	22 administrative notice unless the Marion County city-county council has
701	701	23 authorized the corporation to file the civil action.
702	702	24 (d) A public health authority may petition a circuit or superior court
703	703	25 for an order of isolation or quarantine by filing a civil action in
704	704	26 accordance with IC 16-41-9.
705	705	27 (e) Unless otherwise provided by law, a change of venue from the
706	706	28 county may not be granted for court proceedings initiated under this
707	707	29 section.
708	708	30 (f) A change of venue from a judge must meet the requirements in
709	709	31 IC 34-35-3-3 for court proceedings initiated under this section.
710	710	32 SECTION 19. An emergency is declared for this act.
711	711	2024 IN 1145—LS 6285/DI 116