HB1145

Summary

Emergency powers. Provides that the governor shall declare a disaster emergency by executive order or proclamation only to the extent necessary to provide assistance or otherwise implement measures directly related to a federal declaration of emergency for all or a portion of Indiana. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest. Provides that if the governor declares a state of disaster emergency, the state of disaster emergency expires not later than 14 days after the declaration and may not be renewed. Provides that the governor may suspend certain regulatory statutes only to the extent necessary to carry out certain emergency responses. Provides that the governor may not suspend any provision of any regulatory statute if that suspension infringes upon any right or protection guaranteed or provided in the Constitution of the United States or the Constitution of the State of Indiana. Provides that nothing may be construed to authorize the executive board of the Indiana department of health (department) to suspend any law, ordinance, or regulation enacted by the general assembly or other legislative body as part of a rule adopted by the executive board. Provides that the department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease if the department is authorized to do so in a declared disaster emergency. Provides that the department may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics if the department is specifically authorized to do so in an emergency declaration. Provides that certain actions authorized by the commissioner of the department, local health boards, or local health officers may not be construed to authorize the commissioner, board, or officer to suspend any law or regulation enacted by the general assembly or other legislative body unless otherwise specifically authorized by a declared disaster emergency. Repeals provisions relating to the governor's authority to establish an energy emergency.

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