Section 16-20-1-21.5 - Local orders less stringent; approval of local order if more stringent or addressing declared emergency(a) This section applies only if the governor has declared an emergency under IC 10-14-3.(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).Added by P.L. 219-2021,SEC. 4, eff. 5/10/2021.