Ind. Code § 16-22-8-31.3

Current through P.L. 171-2024
Section 16-22-8-31.3 - Declared emergency; local orders less stringent; approval of local order that is more stringent or concerning a 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, "local order" refers to the health laws, ordinances, orders, rules, and regulations issued under this chapter.
(d) 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.
(e) 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 order is approved by an ordinance adopted by the Marion County city-county council that is:
(1) approved by the mayor of the consolidated city; or
(2) passed over the mayor's veto by a two-thirds (2/3) vote.
(f) The Marion County city-county council may approve a local order under subsection (e) 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).

IC 16-22-8-31.3

Added by P.L. 219-2021,SEC. 13, eff. 5/10/2021.