Indiana 2024 Regular Session

Indiana House Bill HB1397 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. 1397
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-21.5; IC 10-14-3.
7	7	Synopsis: Emergency powers. Provides that in the event of a disaster
8	8	emergency, an emergency order issued by a state agency must be
9	9	narrowly tailored to serve a compelling public health or safety interest.
10	10	Entitles a person to relief if a court determines that the person seeking
11	11	judicial relief has been prejudiced by an agency action issued during a
12	12	disaster emergency that has not been: (1) applied equally to a similarly
13	13	situated person; and (2) narrowly tailored to serve a compelling public
14	14	health or safety interest. Provides that the orders, rules, and regulations
15	15	made, amended, or rescinded by the governor must be narrowly
16	16	tailored to serve a compelling public health or safety interest. Requires
17	17	any state or local agency, including the Indiana department of health
18	18	and local boards of health, to only impose a restriction that is narrowly
19	19	tailored to serve a compelling public health or safety interest. Provides
20	20	that any order or proclamation declaring, continuing, or terminating a
21	21	local disaster emergency must be narrowly tailored to serve a
22	22	compelling public health or safety interest. Provides that, if the disaster
23	23	that is the basis of the emergency order impacts an area of the state that
24	24	does not exceed the lesser of: (1) 31 counties; or (2) an area that is
25	25	inhabited by less than 33 1/3% of the population of Indiana; the state
26	26	of emergency expires in 30 days. Provides that the governor may renew
27	27	the emergency declaration in 30 day increments not to exceed a period
28	28	of 12 months. Provides that all other emergency declarations expire 30
29	29	days after the initial date of the governor's executive order and may not
30	30	be renewed or extended by the governor without the approval of the
31	31	general assembly. Removes the governor's ability to suspend certain
32	32	provisions relating to the general assembly, judicial relief of an agency
33	33	action during an emergency declaration, or provisions relating to
34	34	emergency management disasters.
35	35	Effective: Upon passage.
36	36	Lindauer
37	37	January 11, 2024, read first time and referred to Committee on Public Health.
38	38	2024 IN 1397—LS 6225/DI 116 Introduced
39	39	Second Regular Session of the 123rd General Assembly (2024)
40	40	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
41	41	Constitution) is being amended, the text of the existing provision will appear in this style type,
42	42	additions will appear in this style type, and deletions will appear in this style type.
43	43	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
44	44	provision adopted), the text of the new provision will appear in this style type. Also, the
45	45	word NEW will appear in that style type in the introductory clause of each SECTION that adds
46	46	a new provision to the Indiana Code or the Indiana Constitution.
47	47	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
48	48	between statutes enacted by the 2023 Regular Session of the General Assembly.
49	49	HOUSE BILL No. 1397
50	50	A BILL FOR AN ACT to amend the Indiana Code concerning
51	51	public safety.
52	52	Be it enacted by the General Assembly of the State of Indiana:
53	53	1 SECTION 1. IC 4-21.5-4-2 IS AMENDED TO READ AS
54	54	2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The agency
55	55	3 shall issue the order under this chapter by one (1) of the following
56	56	4 procedures:
57	57	5 (1) Except as provided in IC 25-1-9-10, without notice or an
58	58	6 evidentiary proceeding, by any authorized individual or panel of
59	59	7 individuals.
60	60	8 (2) After a hearing conducted by an administrative law judge.
61	61	9 (b) The resulting order must include a brief statement of the facts
62	62	10 and the law that justifies the agency's decision to take the specific
63	63	11 action under this chapter.
64	64	12 (c) In the event of a disaster emergency declared under
65	65	13 IC 10-14-3-12, the resulting order under this section must be
66	66	14 narrowly tailored to serve a compelling public health or safety
67	67	15 interest.
68	68	16 SECTION 2. IC 4-21.5-5-14 IS AMENDED TO READ AS
69	69	17 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The burden
70	70	2024 IN 1397—LS 6225/DI 116 2
71	71	1 of demonstrating the invalidity of agency action is on the party to the
72	72	2 judicial review proceeding asserting invalidity.
73	73	3 (b) The validity of agency action shall be determined in accordance
74	74	4 with the standards of review provided in this section, as applied to the
75	75	5 agency action at the time it was taken.
76	76	6 (c) The court shall make findings of fact on each material issue on
77	77	7 which the court's decision is based.
78	78	8 (d) The court shall grant relief under section 15 of this chapter only
79	79	9 if it determines that a person seeking judicial relief has been prejudiced
80	80	10 by an agency action that is:
81	81	11 (1) arbitrary, capricious, an abuse of discretion, or otherwise not
82	82	12 in accordance with law;
83	83	13 (2) contrary to constitutional right, power, privilege, or immunity;
84	84	14 (3) in excess of statutory jurisdiction, authority, or limitations, or
85	85	15 short of statutory right;
86	86	16 (4) without observance of procedure required by law; or
87	87	17 (5) unsupported by substantial evidence.
88	88	18 (e) In addition to the factors described in subsection (d), in the
89	89	19 event of a disaster emergency declared under IC 10-14-3-12, the
90	90	20 court shall grant relief under section 15 of this chapter if it
91	91	21 determines that a person seeking judicial relief has been prejudiced
92	92	22 by an agency action that has not been:
93	93	23 (1) applied equally to a similarly situated person; and
94	94	24 (2) narrowly tailored to serve a compelling public health or
95	95	25 safety interest as described in IC 4-21.5-4-2(c).
96	96	26 The governor is prohibited from suspending any provision of this
97	97	27 subsection under the governor's authority to suspend statutes
98	98	28 under IC 10-14-3-12.
99	99	29 SECTION 3. IC 10-14-3-11, AS AMENDED BY P.L.56-2023,
100	100	30 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	31 UPON PASSAGE]: Sec. 11. (a) The governor has general direction and
102	102	32 control of the agency and is responsible for carrying out this chapter.
103	103	33 In the event of disaster or emergency beyond local control, the
104	104	34 governor may assume direct operational control over all or any part of
105	105	35 the emergency management functions within Indiana.
106	106	36 (b) In performing the governor's duties under this chapter, the
107	107	37 governor may, subject to sections 12.5 and 12.7 of this chapter, do the
108	108	38 following:
109	109	39 (1) Make, amend, and rescind the necessary orders, rules, and
110	110	40 regulations to carry out this chapter with due consideration of the
111	111	41 plans of the federal government. However, the orders, rules,
112	112	42 and regulations that have been made, amended, or rescinded
113	113	2024 IN 1397—LS 6225/DI 116 3
114	114	1 must be narrowly tailored to serve a compelling public health
115	115	2 or safety interest.
116	116	3 (2) Cooperate with the President of the United States and the
117	117	4 heads of the armed forces, the Federal Emergency Management
118	118	5 Agency, and the officers and agencies of other states in matters
119	119	6 pertaining to emergency management and disaster preparedness,
120	120	7 response, and recovery of the state and nation. In cooperating
121	121	8 under this subdivision, the governor may take any measures that
122	122	9 the governor considers proper to carry into effect any request of
123	123	10 the President of the United States and the appropriate federal
124	124	11 officers and agencies for any emergency management action,
125	125	12 including the direction or control of disaster preparations,
126	126	13 including the following:
127	127	14 (A) Mobilizing emergency management forces and other tests
128	128	15 and exercises.
129	129	16 (B) Providing warnings and signals for drills, actual
130	130	17 emergencies, or disasters.
131	131	18 (C) Shutting off water mains, gas mains, and electric power
132	132	19 connections and suspending any other utility service.
133	133	20 (D) Conducting civilians and the movement and cessation of
134	134	21 movement of pedestrians and vehicular traffic during, before,
135	135	22 and after drills, actual emergencies, or other disasters.
136	136	23 (E) Holding public meetings or gatherings.
137	137	24 (F) Evacuating and receiving the civilian population.
138	138	25 (3) Take any action and give any direction to state and local law
139	139	26 enforcement officers and agencies as may be reasonable and
140	140	27 necessary for securing compliance with this chapter and with any
141	141	28 orders, rules, and regulations made under this chapter.
142	142	29 (4) Employ any measure and give any direction to the Indiana
143	143	30 department of health or local boards of health as is reasonably
144	144	31 necessary for securing compliance with this chapter or with the
145	145	32 findings or recommendations of the Indiana department of health
146	146	33 or local boards of health because of conditions arising from actual
147	147	34 or threatened:
148	148	35 (A) national security emergencies; or
149	149	36 (B) manmade or natural disasters or emergencies.
150	150	37 However, any state or local agency, including the Indiana
151	151	38 department of health or local boards of health, shall only
152	152	39 impose a restriction that is narrowly tailored to serve a
153	153	40 compelling public health or safety interest.
154	154	41 (5) Use the services and facilities of existing officers, agencies of
155	155	42 the state, and of political subdivisions. All officers and agencies
156	156	2024 IN 1397—LS 6225/DI 116 4
157	157	1 of the state and of political subdivisions shall cooperate with and
158	158	2 extend services and facilities to the governor as the governor may
159	159	3 request.
160	160	4 (6) Establish agencies and offices and appoint executive,
161	161	5 technical, clerical, and other personnel necessary to carry out this
162	162	6 chapter, including the appointment of full-time state and area
163	163	7 directors.
164	164	8 SECTION 4. IC 10-14-3-12, AS AMENDED BY P.L.99-2021,
165	165	9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166	166	10 UPON PASSAGE]: Sec. 12. (a) The governor shall declare a disaster
167	167	11 emergency by executive order or proclamation if the governor
168	168	12 determines that a disaster has occurred or that the occurrence or the
169	169	13 threat of a disaster is imminent. Except as provided in subsection (b),
170	170	14 the state of disaster emergency continues until the governor: earlier of
171	171	15 the following:
172	172	16 (1) The governor:
173	173	17 (A) determines that the threat or danger has passed or the
174	174	18 disaster has been dealt with to the extent that emergency
175	175	19 conditions no longer exist; and
176	176	20 (2) (B) terminates the state of disaster emergency by executive
177	177	21 order. or proclamation.
178	178	22 (2) If the disaster that is the basis of the emergency order
179	179	23 impacts an area of the state:
180	180	24 (A) that does not exceed the lesser of:
181	181	25 (i) thirty-one (31) counties; or
182	182	26 (ii) an area that is inhabited by less than thirty-three and
183	183	27 one-third percent (33 1/3%) of the population of the state
184	184	28 as determined in accordance with IC 1-1-3.5-3;
185	185	29 thirty (30) days, but the governor may renew the
186	186	30 emergency declaration in thirty (30) day increments not to
187	187	31 exceed a period of twelve (12) months; or
188	188	32 (B) that is not described in clause (A), thirty (30) days after
189	189	33 the initial date of the governor's executive order, and the
190	190	34 state of disaster emergency may not be renewed or
191	191	35 extended by the governor without the approval of the
192	192	36 general assembly.
193	193	37 An executive order issued under this section must indicate the
194	194	38 nature of the disaster, the specific area or areas impacted by the
195	195	39 disaster, and the conditions which have brought the disaster about
196	196	40 as well as the conditions that make possible termination of the state
197	197	41 of disaster emergency. An executive order under this section shall
198	198	42 be disseminated promptly by means calculated to bring the order's
199	199	2024 IN 1397—LS 6225/DI 116 5
200	200	1 contents to the attention of the general public. Unless the
201	201	2 circumstances attendant upon the disaster prevent or impede, an
202	202	3 executive order shall be promptly filed with the secretary of state
203	203	4 and with the clerk of the city or town affected or with the circuit
204	204	5 court clerk of the county affected.
205	205	6 (b) A state of disaster emergency may not continue for longer than
206	206	7 thirty (30) days unless the state of disaster emergency is renewed by the
207	207	8 governor. The general assembly, by concurrent resolution, may
208	208	9 terminate a state of disaster emergency at any time. If the general
209	209	10 assembly terminates a state of disaster emergency under this
210	210	11 subsection, the governor shall issue an executive order or proclamation
211	211	12 ending the state of disaster emergency as described in subsection (a).
212	212	13 All executive orders or proclamations issued under this subsection
213	213	14 must indicate the nature of the disaster, the area or areas threatened,
214	214	15 and the conditions which have brought the disaster about or that make
215	215	16 possible termination of the state of disaster emergency. An executive
216	216	17 order or proclamation under this subsection shall be disseminated
217	217	18 promptly by means calculated to bring the order's or proclamation's
218	218	19 contents to the attention of the general public. Unless the
219	219	20 circumstances attendant upon the disaster prevent or impede, an
220	220	21 executive order or proclamation shall be promptly filed with the
221	221	22 secretary of state and with the clerk of the city or town affected or with
222	222	23 the clerk of the circuit court.
223	223	24 (b) (c) An executive order or proclamation of a state of disaster
224	224	25 emergency renewed or extended under this section:
225	225	26 (1) activates the disaster response and recovery aspects of the
226	226	27 state, local, and interjurisdictional disaster emergency plans
227	227	28 applicable to the affected political subdivision or area; and
228	228	29 (2) is authority for:
229	229	30 (A) deployment and use of any forces to which the plan or
230	230	31 plans apply; and
231	231	32 (B) use or distribution of any supplies, equipment, materials,
232	232	33 and facilities assembled, stockpiled, or arranged to be made
233	233	34 available under this chapter or under any other law relating to
234	234	35 disaster emergencies.
235	235	36 (c) (d) During the continuance of any state of disaster emergency,
236	236	37 the governor is commander-in-chief of the organized and unorganized
237	237	38 militia and of all other forces available for emergency duty. To the
238	238	39 greatest extent practicable, the governor shall delegate or assign
239	239	40 command authority by prior arrangement embodied in appropriate
240	240	41 executive orders or regulations. This section does not restrict the
241	241	42 governor's authority to delegate or assign command authority by orders
242	242	2024 IN 1397—LS 6225/DI 116 6
243	243	1 issued at the time of the disaster emergency.
244	244	2 (d) (e) In addition to the governor's other powers, and subject to
245	245	3 sections 12.5 and 12.7 of this chapter, the governor may do the
246	246	4 following while the state of emergency exists:
247	247	5 (1) Unless otherwise prohibited by law, suspend the provisions
248	248	6 of any regulatory statute prescribing the procedures for conduct
249	249	7 of state business, or the orders, rules, or regulations of any state
250	250	8 agency if strict compliance with any of these provisions would in
251	251	9 any way prevent, hinder, or delay necessary action in coping with
252	252	10 the emergency.
253	253	11 (2) Use all available resources of the state government and of
254	254	12 each political subdivision of the state reasonably necessary to
255	255	13 cope with the disaster emergency.
256	256	14 (3) Transfer the direction, personnel, or functions of state
257	257	15 departments and agencies or units for performing or facilitating
258	258	16 emergency services.
259	259	17 (4) Subject to any applicable requirements for compensation
260	260	18 under section 31 of this chapter, commandeer or use any private
261	261	19 property if the governor finds this action necessary to cope with
262	262	20 the disaster emergency.
263	263	21 (5) Assist in the evacuation of all or part of the population from
264	264	22 any stricken or threatened area in Indiana if the governor
265	265	23 considers this action necessary for the preservation of life or other
266	266	24 disaster mitigation, response, or recovery.
267	267	25 (6) Prescribe routes, modes of transportation, and destinations in
268	268	26 connection with evacuation.
269	269	27 (7) Control ingress to and egress from a disaster area, the
270	270	28 movement of persons within the area, and the occupancy of
271	271	29 premises in the area.
272	272	30 (8) Suspend or limit the sale, dispensing, or transportation of
273	273	31 alcoholic beverages, explosives, and combustibles.
274	274	32 (9) Make provision for the availability and use of temporary
275	275	33 emergency housing.
276	276	34 (10) Allow persons who:
277	277	35 (A) are registered as volunteer health practitioners by an
278	278	36 approved registration system under IC 10-14-3.5; or
279	279	37 (B) hold a license to practice:
280	280	38 (i) medicine;
281	281	39 (ii) dentistry;
282	282	40 (iii) pharmacy;
283	283	41 (iv) nursing;
284	284	42 (v) engineering;
285	285	2024 IN 1397—LS 6225/DI 116 7
286	286	1 (vi) veterinary medicine;
287	287	2 (vii) mortuary service; and
288	288	3 (viii) similar other professions as may be specified by the
289	289	4 governor;
290	290	5 to practice their respective profession in Indiana during the period
291	291	6 of the state of emergency if the state in which a person's license
292	292	7 or registration was issued has a mutual aid compact for
293	293	8 emergency management with Indiana.
294	294	9 (11) Give specific authority to allocate drugs, foodstuffs, and
295	295	10 other essential materials and services.
296	296	11 SECTION 5. IC 10-14-3-29, AS AMENDED BY P.L.99-2021,
297	297	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
298	298	13 UPON PASSAGE]: Sec. 29. (a) A local disaster emergency:
299	299	14 (1) may be declared only by the principal executive officer of a
300	300	15 political subdivision; and
301	301	16 (2) may not be continued or renewed for more than seven (7) days
302	302	17 except by or with the consent of the governing board of the
303	303	18 political subdivision.
304	304	19 Any order or proclamation declaring, continuing, or terminating a local
305	305	20 disaster emergency shall be given prompt and general publicity and
306	306	21 shall be filed promptly in the office of the clerk of the political
307	307	22 subdivision, and must be narrowly tailored to serve a compelling
308	308	23 public health or safety interest.
309	309	24 (b) The effect of a declaration of a local disaster emergency is to:
310	310	25 (1) activate the response and recovery aspects of all applicable
311	311	26 local or interjurisdictional disaster emergency plans; and
312	312	27 (2) authorize the furnishing of aid and assistance under the plans.
313	313	28 (c) An interjurisdictional agency or official may not declare a local
314	314	29 disaster emergency unless expressly authorized by the agreement under
315	315	30 which the agency functions. However, an interjurisdictional disaster
316	316	31 agency shall provide aid and services according to the agreement.
317	317	32 (d) If a local disaster emergency is declared under this section, the
318	318	33 political subdivision may not prohibit individuals engaged in
319	319	34 employment necessary to:
320	320	35 (1) maintain a safe rail system;
321	321	36 (2) restore utility service; or
322	322	37 (3) provide any other emergency public service;
323	323	38 from traveling on the highways within the political subdivision during
324	324	39 the local disaster emergency.
325	325	40 (e) If a local disaster emergency is declared under this section, the
326	326	41 political subdivision may not prohibit individuals trained and certified
327	327	42 as first response broadcasters, as set forth in section 22.5 of this
328	328	2024 IN 1397—LS 6225/DI 116 8
329	329	1 chapter, from traveling on the highways within the political subdivision
330	330	2 during the local disaster emergency.
331	331	3 (f) If a local emergency is declared under this section, the political
332	332	4 subdivision may not prohibit individuals trained and certified as first
333	333	5 response communications service providers, as set forth in section 22.6
334	334	6 of this chapter, from traveling on the highways within the political
335	335	7 subdivision during the local disaster emergency.
336	336	8 (g) If a local emergency is declared under this section, the political
337	337	9 subdivision must comply with sections 12.5 and 12.7 of this chapter.
338	338	10 SECTION 6. IC 10-14-3-35 IS ADDED TO THE INDIANA CODE
339	339	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
340	340	12 UPON PASSAGE]: Sec. 35. The governor is prohibited from
341	341	13 suspending any provision of:
342	342	14 (1) IC 2;
343	343	15 (2) IC 4-21.5-5-14(e); or
344	344	16 (3) this chapter;
345	345	17 under the governor's authority to suspend statutes under section
346	346	18 12 of this chapter.
347	347	19 SECTION 7. An emergency is declared for this act.
348	348	2024 IN 1397—LS 6225/DI 116