Sec. 21.5. (a) This section applies only if the governor has declared an emergency under IC 10-14-3.

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Terms Used In Indiana Code 16-20-1-21.5

  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
     (b) As used in this section, “executive order” refers to an executive order issued by the governor under IC 10-14-3.

     (c) As used in this section, “legislative body” means the following:

(1) Except as provided in subdivision (2), the board of county commissioners for a county operating a county health department under IC 16-20-2 or participating in a multiple county health department under IC 16-20-3.

(2) The county council for a county that is subject to IC 36-2-3.5.

(3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4.

     (d) As used in this section, “local order” refers to the health laws, ordinances, orders, rules, and regulations of a board of health under this chapter.

     (e) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order.

     (f) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows:

(1) If the local order is issued by the health department of a county, the local order must be approved by the county legislative body.

(2) If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order.

(3) If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:

(A) approved by the mayor; or

(B) passed over the mayor’s veto by a two-thirds (2/3) vote.

     (g) A legislative body may approve a local order under subsection (f) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d).

As added by P.L.219-2021, SEC.4.

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