CHAPTER 3. EMERGENCY MANAGEMENT AND DISASTER LAW
IC 10-14-3
Chapter 3. Emergency Management and Disaster Law
IC 10-14-3-1
"Disaster"
Sec. 1. (a) As used in this chapter, "disaster" means an occurrenceor imminent threat of widespread or severe damage, injury, or lossof life or property resulting from any natural phenomenon or humanact.
(b) The term includes any of the following:
(1) Fire.
(2) Flood.
(3) Earthquake.
(4) Windstorm.
(5) Snowstorm.
(6) Ice storm.
(7) Tornado.
(8) Wave action.
(9) Oil spill.
(10) Other water contamination requiring emergency action toavert danger or damage.
(11) Air contamination.
(12) Drought.
(13) Explosion.
(14) Technological emergency.
(15) Utility failure.
(16) Critical shortages of essential fuels or energy.
(17) Major transportation accident.
(18) Hazardous material or chemical incident.
(19) Radiological incident.
(20) Nuclear incident.
(21) Biological incident.
(22) Epidemic.
(23) Public health emergency.
(24) Animal disease event requiring emergency action.
(25) Blight.
(26) Infestation.
(27) Riot.
(28) Hostile military or paramilitary action.
(29) Act of terrorism.
(30) Any other public calamity requiring emergency action.
As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.7.
IC 10-14-3-2
"Emergency management"
Sec. 2. As used in this chapter, "emergency management" meansthe preparation for and the coordination of all emergency functions,other than functions for which military forces or other federalagencies are primarily responsible, to prevent, minimize, and repairinjury and damage resulting from disasters. The functions include the
following:
(1) Firefighting services.
(2) Police services.
(3) Medical and health services.
(4) Rescue.
(5) Engineering.
(6) Warning services.
(7) Communications.
(8) Radiological, chemical, and other special weapons defense.
(9) Evacuation of persons from stricken areas.
(10) Emergency welfare services.
(11) Emergency transportation.
(12) Plant protection.
(13) Temporary restoration of public utility services.
(14) Other functions related to civilian protection.
(15) All other activities necessary or incidental to thepreparation for and coordination of the functions described insubdivisions (1) through (14).
As added by P.L.2-2003, SEC.5.
IC 10-14-3-3
"Emergency management worker"
Sec. 3. As used in this chapter, "emergency management worker"includes any full-time or part-time paid, volunteer, or auxiliaryemployee of:
(1) the state;
(2) other:
(A) states;
(B) territories; or
(C) possessions;
(3) the District of Columbia;
(4) the federal government;
(5) any neighboring country;
(6) any political subdivision of an entity described insubdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indianasubject to the order or control of, or under a request of, the stategovernment or any political subdivision of the state. The termincludes a volunteer health practitioner registered underIC 10-14-3.5.
As added by P.L.2-2003, SEC.5. Amended by P.L.134-2008, SEC.1.
IC 10-14-3-4
"Energy"
Sec. 4. As used in this chapter, "energy" means coal, petroleum orother liquid fuels, natural or synfuel gas, or electricity.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-5 "Energy emergency"
Sec. 5. As used in this chapter, "energy emergency" means anexisting or projected shortfall of at least eight percent (8%) of motorfuel or of other energy sources that threatens to seriously disrupt ordiminish energy supplies to the extent that life, health, or propertymay be jeopardized.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-6
"Political subdivision"
Sec. 6. As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-7
Declaration of purposes
Sec. 7. (a) Because of the existing and increasing possibility ofdisasters or emergencies of unprecedented size and destructivenessthat may result from manmade or natural causes, to ensure thatIndiana will be adequately prepared to deal with disasters oremergencies or to prevent or mitigate those disasters where possible,generally to provide for the common defense, to protect the publicpeace, health, and safety, and to preserve the lives and property ofthe people of the state, it is found and declared to be necessary:
(1) to provide for emergency management under the departmentof homeland security;
(2) to create local emergency management departments and toauthorize and direct disaster and emergency managementfunctions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive headsor governing bodies of the political subdivisions of the state theemergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among thepolitical subdivisions of the state, with other states, and with thefederal government to carry out emergency, disaster, oremergency management functions; and
(5) to authorize the establishment of organizations and theimplementation of steps that are necessary and appropriate tocarry out this chapter.
(b) It is also the purpose of this chapter and the policy of the stateto:
(1) coordinate all emergency management functions of this stateto the maximum extent with the comparable functions of:
(A) the federal government, including the federalgovernment's various departments and agencies;
(B) other states and localities; and
(C) private agencies of every type;
so that the most effective preparation and use may be made ofthe nation's manpower, resources, and facilities for dealing withany disaster that may occur; (2) prepare for prompt and efficient rescue, care, and treatmentof persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start ofrestoration and rehabilitation of persons and property affectedby disasters;
(4) clarify and strengthen the roles of the:
(A) governor;
(B) state agencies; and
(C) local governments;
in the prevention of, preparation for, response to, and recoveryfrom disasters;
(5) authorize and provide cooperation between departments ofgovernment in:
(A) disaster prevention;
(B) preparedness;
(C) response; and
(D) recovery;
(6) authorize and provide coordination of activities relating to:
(A) disaster prevention;
(B) preparedness;
(C) response; and
(D) recovery;
by agencies and officers of Indiana, and similar state-local,interstate, federal-state, and foreign activities in which the stateand its political subdivisions may participate; and
(7) provide a disaster management system embodying allaspects of pre-disaster preparedness, disaster operations, andpost-disaster response.
As added by P.L.2-2003, SEC.5. Amended by P.L.1-2006, SEC.175.
IC 10-14-3-8
Limitations on applications of chapter
Sec. 8. (a) This chapter may not be construed to do the following:
(1) Interfere with the course or conduct of a labor dispute,except that actions otherwise authorized by this chapter or otherlaws may be taken when necessary to forestall or mitigateimminent or existing danger to public health or safety.
(2) Interfere with the dissemination of news or comment onpublic affairs. However, a communications facility ororganization, including radio and television stations, wireservices, and newspapers, may be required to transmit or printpublic service messages furnishing information or instructionsin connection with a disaster emergency.
(3) Affect the jurisdiction or responsibilities of police forces,firefighting forces, or units or personnel on active duty of theUnited States' armed forces. However, state, local, andinterjurisdictional disaster emergency plans must rely on theforces available for performance of functions related to disasteremergencies.
(4) Limit, modify, or abridge the authority of the governor to
proclaim martial law or exercise any other powers vested in thegovernor under the constitution, statutes, or common law ofIndiana independent of or in conjunction with any provisions ofthis chapter.
(b) This chapter does not limit or in any way affect theresponsibilities of the American National Red Cross under 36 U.S.C.300101 et seq. and 42 U.S.C. 5121 et seq.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-9
State emergency operations plan; local and interjurisdictionaldisaster plans; statewide mutual aid program
Sec. 9. (a) The agency shall prepare and maintain a current stateemergency operations plan. The plan may provide for the following:
(1) Prevention and minimization of injury and damage causedby disaster.
(2) Prompt and effective response to disaster.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disaster.
(5) Recommendations for:
(A) zoning;
(B) building;
(C) other land use controls;
(D) safety measures for securing mobile homes or othernonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed toeliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention andbuilding safety commission and local authorities.
(6) Assistance to local officials in designing local emergencyaction plans.
(7) Authorization and procedures for the erection or otherconstruction of temporary works designed to protect against ormitigate danger, damage, or loss from flood, conflagration, orother disaster.
(8) Preparation and distribution to the appropriate state andlocal officials of state catalogs of federal, state, and privateassistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster activities.
(11) Coordination of the state disaster plan with the disasterplans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development andrevision of local and interjurisdictional disaster plans prepared undersection 17 of this chapter. The agency shall employ or otherwisesecure the services of professional and technical personnel capableof providing expert assistance to political subdivisions, a politicalsubdivision's disaster agencies, and interjurisdictional planning anddisaster agencies. These personnel: (1) shall consult with subdivisions and government agencies ona regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances,and conditions to which particular local and interjurisdictionaldisaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agencyshall seek the advice and assistance of local government, business,labor, industry, agriculture, civic and volunteer organizations, andcommunity leaders. In advising local and interjurisdictional agencies,the agency shall encourage local and interjurisdictional agencies toseek advice from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may beincorporated in rules of the agency or by executive orders.
(e) The agency shall do the following:
(1) Determine requirements of the state and politicalsubdivisions for food, clothing, and other necessities in theevent of an emergency.
(2) Procure and pre-position supplies, medicines, materials, andequipment.
(3) Adopt standards and requirements for local andinterjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disasteragencies, and interjurisdictional disaster agencies to establishand operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities inIndiana, both public and private, necessary to carry out thischapter.
(7) Plan and make arrangements for the availability and use ofany private facilities, services, and property, and if necessaryand if the private facilities, services, or property is used,provide for payment for the use under agreed upon terms andconditions.
(8) Establish a register of persons with types of training andskills important in emergency prevention, preparedness,response, and recovery.
(9) Establish a register of mobile and construction equipmentand temporary housing available for use in a disasteremergency.
(10) Prepare, for issuance by the governor, executive orders,proclamations, and regulations necessary or appropriate incoping with disaster.
(11) Cooperate with the federal government and any public orprivate agency or entity in achieving any purpose of this chapterand in implementing programs for disaster prevention,preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate toimplement this chapter.
(f) The agency shall ascertain the rapid and efficient
communications that exist in times of disaster emergencies. Theagency shall consider the desirability of supplementing thesecommunications resources or of integrating these resources into acomprehensive intrastate or state-federal telecommunications orother communications system or network. In studying the characterand feasibility of any system, the agency shall evaluate thepossibility of multipurpose use of the system for general state andlocal governmental purposes. The agency shall make appropriaterecommendations to the governor.
(g) The agency shall develop a statewide mutual aid program toimplement the statewide mutual aid agreement.
As added by P.L.2-2003, SEC.5. Amended by P.L.205-2003, SEC.5.
IC 10-14-3-10
Repealed
(Repealed by P.L.205-2003, SEC.44.)
IC 10-14-3-10.6 Version a
Participating unit; unit; opt out of statewide mutual aid program;incident management system; unified command system; assistancerequest; restrictions on assistance
Note: This version of section effective until 7-1-2010. See alsofollowing version of this section, effective 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers toa unit that does not opt out under subsection (c) from participating inthe statewide mutual aid program.
(b) As used in this section, "unit" has the meaning set forth inIC 36-1-2-23.
(c) A unit may choose not to participate in the statewide mutualaid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unitwill not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization thatserves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident managementsystem and a unified command system to be used in a response to adisaster or an emergency.
(e) A participating unit may request the assistance of at least one(1) other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises,testing, or training.
(f) A request for assistance to a participating unit undersubsection (e) shall be made by and to the executive of the unit or theexecutive's authorized representative. A request may be oral or inwriting. A written request shall be made on forms developed by thedepartment. An oral request shall be confirmed in writing not laterthan twenty-four (24) hours after the oral request is made. (g) A request must include the following information:
(1) A description of the disaster response and recoveryfunctions for which assistance is needed, including thefollowing:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support.
(K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,materials, personnel, and other resources needed and areasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assistingparticipating unit's provision of assistance and a point of contactat that location.
(h) A participating unit that is requested to render assistance shalltake the necessary action to provide and make available the requestedservices, equipment, supplies, materials, personnel, and otherresources.
(i) A participating unit's obligation to provide assistance is subjectto the following restrictions:
(1) A participating unit's request to receive assistance iseffective only:
(A) upon declaration of a local disaster emergency by theexecutive officer of the unit under section 29 of this chapter;or
(B) upon the commencement of the exercises, testing, ortraining.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loanedresources are required by the receiving participating unit orthe loaned resources remain in the receiving participatingunit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withholdresources or recall loaned resources to the extent necessary toprovide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue underthe command and control of their regular leaders, butoperationally those forces shall be under the control of theincident commander or unified commander designated by therequesting participating unit.
As added by P.L.205-2003, SEC.6. Amended by P.L.1-2010, SEC.54.
IC 10-14-3-10.6 Version b
Participating unit; unit; opt out of statewide mutual aid program;incident management system; unified command system; assistancerequest; restrictions on assistance
Note: This version of section effective 7-1-2010. See alsopreceding version of this section, effective until 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers toa unit that does not opt out under subsection (c) from participating inthe statewide mutual aid program.
(b) As used in this section, "unit" means the following:
(1) A unit (as defined in IC 36-1-2-23).
(2) A fire protection district established under IC 36-8-11.
(3) A provider unit (as defined in IC 36-8-19-3) acting on behalfof a fire protection territory established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutualaid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unitwill not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization thatserves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident managementsystem and a unified command system to be used in a response to adisaster or an emergency.
(e) A participating unit may request the assistance of at least one(1) other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises,testing, or training.
(f) A request for assistance to a participating unit undersubsection (e) shall be made by and to the executive of the unit or theexecutive's authorized representative. A request may be oral or inwriting. A written request shall be made on forms developed by thedepartment. An oral request shall be confirmed in writing not laterthan twenty-four (24) hours after the oral request is made.
(g) A request must include the following information:
(1) A description of the disaster response and recoveryfunctions for which assistance is needed, including thefollowing:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support. (K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,materials, personnel, and other resources needed and areasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assistingparticipating unit's provision of assistance and a point of contactat that location.
(h) A participating unit that is requested to render assistance shalltake the necessary action to provide and make available the requestedservices, equipment, supplies, materials, personnel, and otherresources.
(i) A participating unit's obligation to provide assistance is subjectto the following restrictions:
(1) A participating unit's request to receive assistance iseffective only:
(A) upon declaration of a local disaster emergency by theexecutive officer of the unit under section 29 of this chapter;or
(B) upon the commencement of the exercises, testing, ortraining.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loanedresources are required by the receiving participating unit orthe loaned resources remain in the receiving participatingunit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withholdresources or recall loaned resources to the extent necessary toprovide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue underthe command and control of their regular leaders, butoperationally those forces shall be under the control of theincident commander or unified commander designated by therequesting participating unit.
As added by P.L.205-2003, SEC.6. Amended by P.L.1-2010, SEC.54;P.L.19-2010, SEC.1.
IC 10-14-3-10.7
Participating unit; payment of compensation and benefits;reimbursement; agreements; act as agents; no restrictions onagreements
Sec. 10.7. (a) As used in this section, "participating unit" has themeaning set forth in section 10.6(a) of this chapter.
(b) Each participating unit shall provide for the payment ofcompensation and benefits to:
(1) an injured member; and
(2) a representative of a deceased member;
of the participating unit's emergency forces if the member is injuredor killed while rendering assistance under section 10.6 of this chapter
in the same manner and on the same terms as if the injury or deathwere sustained while the member was rendering assistance for orwithin the member's own unit. Expenses incurred under thissubsection are not reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster responseor recovery to another participating unit under section 10.6 of thischapter shall be reimbursed by the participating unit receiving theassistance for the following:
(1) A loss of, damage to, or expense incurred in the operationof any equipment in answering the request for assistance, to theextent the loss, damage, or expense is not covered by areimbursement from insurance to the participating unitrendering assistance.
(2) An expense incurred in the provision of a service inanswering the request for assistance, to the extent the expenseis not covered by a reimbursement from insurance to theparticipating unit rendering assistance.
(3) An expense incurred in answering the request for assistance,to the extent the expense is not covered by a reimbursementfrom insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurancepolicy used to reimburse all or part of an expense or other costdescribed in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into undersubsection (e), the following labor and equipment reimbursementrates apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of theparticipating unit rendering assistance shall be reimbursed atthe normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participatingunit rendering assistance shall be reimbursed at one hundredfifty percent (150%) of the normal pay rates for theresponding personnel if it is the normal practice of therequesting unit to pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of thefollowing:
(A) The rates for equipment costs reimbursement establishedby the Federal Emergency Management Agency or itssuccessor agency.
(B) The equipment costs established by the participating unitrendering assistance.
(e) At least two (2) participating units may enter into agreementsestablishing a different allocation of loss, damage, expense, or costsamong themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit renderingassistance to another participating unit under this section shall beconsidered agents of the requesting participating unit for the purposeof tort liability and immunity.
(g) This section does not prevent any participating unit from
entering into a mutual aid or other agreement with another unit, fireprotection district, or provider unit (as defined in IC 36-8-19-3)acting on behalf of a fire protection territory, or affect any otheragreement to which a unit, a fire protection district, or a fireprotection territory is a party, including an agreement entered intounder this chapter or IC 36-1-7.
As added by P.L.205-2003, SEC.7. Amended by P.L.19-2010, SEC.2.
IC 10-14-3-11
Governor; duties
Sec. 11. (a) The governor has general direction and control of theagency and is responsible for carrying out this chapter. In the eventof disaster or emergency beyond local control, the governor mayassume direct operational control over all or any part of theemergency management functions within Indiana.
(b) In performing the governor's duties under this chapter, thegovernor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, andregulations to carry out this chapter with due consideration ofthe plans of the federal government.
(2) Cooperate with the President of the United States and theheads of the armed forces, the Federal Emergency ManagementAgency, and the officers and agencies of other states in matterspertaining to emergency management and disaster preparedness,response, and recovery of the state and nation. In cooperatingunder this subdivision, the governor may take any measures thatthe governor considers proper to carry into effect any request ofthe President of the United States and the appropriate federalofficers and agencies for any emergency management action,including the direction or control of disaster preparations,including the following:
(A) Mobilizing emergency management forces and othertests and exercises.
(B) Providing warnings and signals for drills, actualemergencies, or disasters.
(C) Shutting off water mains, gas mains, and electric powerconnections and suspending any other utility service.
(D) Conducting civilians and the movement and cessation ofmovement of pedestrians and vehicular traffic during,before, and after drills, actual emergencies, or otherdisasters.
(E) Holding public meetings or gatherings.
(F) Evacuating and receiving the civilian population.
(3) Take any action and give any direction to state and local lawenforcement officers and agencies as may be reasonable andnecessary for securing compliance with this chapter and withany orders, rules, and regulations made under this chapter.
(4) Employ any measure and give any direction to the statedepartment of health or local boards of health as is reasonablynecessary for securing compliance with this chapter or with the
findings or recommendations of the state department of healthor local boards of health because of conditions arising fromactual or threatened:
(A) national security emergencies; or
(B) manmade or natural disasters or emergencies.
(5) Use the services and facilities of existing officers, agenciesof the state, and of political subdivisions. All officers andagencies of the state and of political subdivisions shallcooperate with and extend services and facilities to the governoras the governor may request.
(6) Establish agencies and offices and appoint executive,technical, clerical, and other personnel necessary to carry outthis chapter, including the appointment of full-time state andarea directors.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-12
Disaster emergency; emergency gubernatorial powers
Sec. 12. (a) The governor shall declare a disaster emergency byexecutive order or proclamation if the governor determines that adisaster has occurred or that the occurrence or the threat of a disasteris imminent. The state of disaster emergency continues until thegovernor:
(1) determines that the threat or danger has passed or thedisaster has been dealt with to the extent that emergencyconditions no longer exist; and
(2) terminates the state of disaster emergency by executiveorder or proclamation.
A state of disaster emergency may not continue for longer than thirty(30) days unless the state of disaster emergency is renewed by thegovernor. The general assembly, by concurrent resolution, mayterminate a state of disaster emergency at any time. If the generalassembly terminates a state of disaster emergency under thissubsection, the governor shall issue an executive order orproclamation ending the state of disaster emergency. All executiveorders or proclamations issued under this subsection must indicatethe nature of the disaster, the area or areas threatened, and theconditions which have brought the disaster about or that makepossible termination of the state of disaster emergency. An executiveorder or proclamation under this subsection shall be disseminatedpromptly by means calculated to bring the order's or proclamation'scontents to the attention of the general public. Unless thecircumstances attendant upon the disaster prevent or impede, anexecutive order or proclamation shall be promptly filed with thesecretary of state and with the clerk of the city or town affected orwith the clerk of the circuit court.
(b) An executive order or proclamation of a state of disasteremergency:
(1) activates the disaster response and recovery aspects of thestate, local, and interjurisdictional disaster emergency plans
applicable to the affected political subdivision or area; and
(2) is authority for:
(A) deployment and use of any forces to which the plan orplans apply; and
(B) use or distribution of any supplies, equipment, materials,and facilities assembled, stockpiled, or arranged to be madeavailable under this chapter or under any other law relatingto disaster emergencies.
(c) During the continuance of any state of disaster emergency, thegovernor is commander-in-chief of the organized and unorganizedmilitia and of all other forces available for emergency duty. To thegreatest extent practicable, the governor shall delegate or assigncommand authority by prior arrangement embodied in appropriateexecutive orders or regulations. This section does not restrict thegovernor's authority to delegate or assign command authority byorders issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor maydo the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribingthe procedures for conduct of state business, or the orders,rules, or regulations of any state agency if strict compliancewith any of these provisions would in any way prevent, hinder,or delay necessary action in coping with the emergency.
(2) Use all available resources of the state government and ofeach political subdivision of the state reasonably necessary tocope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of statedepartments and agencies or units for performing or facilitatingemergency services.
(4) Subject to any applicable requirements for compensationunder section 31 of this chapter, commandeer or use any privateproperty if the governor finds this action necessary to cope withthe disaster emergency.
(5) Assist in the evacuation of all or part of the population fromany stricken or threatened area in Indiana if the governorconsiders this action necessary for the preservation of life orother disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinationsin connection with evacuation.
(7) Control ingress to and egress from a disaster area, themovement of persons within the area, and the occupancy ofpremises in the area.
(8) Suspend or limit the sale, dispensing, or transportation ofalcoholic beverages, explosives, and combustibles.
(9) Make provision for the availability and use of temporaryemergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by anapproved registration system under IC 10-14-3.5; or
(B) hold a license to practice: (i) medicine;
(ii) dentistry;
(iii) pharmacy;
(iv) nursing;
(v) engineering;
(vi) veterinary medicine;
(vii) mortuary service; and
(viii) similar other professions as may be specified by thegovernor;
to practice their respective profession in Indiana during theperiod of the state of emergency if the state in which a person'slicense or registration was issued has a mutual aid compact foremergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, andother essential materials and services.
As added by P.L.2-2003, SEC.5. Amended by P.L.134-2008, SEC.2;P.L.1-2009, SEC.90; P.L.90-2010, SEC.1.
IC 10-14-3-13
Energy emergency proclamation; additional duties and specialpowers of governor; exemption; effect of cessation
Sec. 13. (a) In addition to the governor's existing powers andduties, the governor has the duties and special energy emergencypowers set forth in this section, subject to the limitations in thischapter.
(b) The governor may, upon finding that an energy emergencyexists, proclaim a state of energy emergency at which time all thegeneral and specific emergency powers specified in this section andsection 14 of this chapter become effective.
(c) A proclamation issued under this section and any order or ruleissued as a result of the proclamation continues in effect until sixty(60) days after the date of the proclamation of the energy emergencyunless the governor rescinds the proclamation and declares theenergy emergency ended before the expiration of the sixty (60) dayperiod.
(d) The governor may not renew or extend a proclamation morethan once without approval of the general assembly.
(e) The conditions of an energy emergency cease when thegovernor declares the end of an energy emergency.
(f) In a declared state of energy emergency, the governor may dothe following:
(1) Implement programs, controls, standards, priorities, andquotas for the conservation and consumption of energy,including plans and commission regulations for the curtailmentof energy if the governor imposes controls, quotas, orcurtailments according to the nature of the end use to be madeof the energy consistent with existing transmission anddistribution systems serving the geographic area affected by theenergy emergency.
(2) Suspend and modify state pollution control standards and
requirements affecting or affected by the use of energy,including standards or requirements relating to air or waterquality control.
(3) Establish and implement intrastate regional programs andagreements for the purposes of coordinating the energy programand actions of the state with the federal government and otherstates, localities, and other persons.
(4) Designate the execution and enforcement of emergencyorders to a state agency that regulates the energy form, resource,or suppliers that are the subject of the proclaimed emergency.
(5) Suspend the provisions of any state statute regulatingtransportation or the orders or rules of any state agency if strictcompliance with any of the provisions would prevent, hinder,or delay necessary action in coping with the energy emergency.
(g) Restrictions, curtailments, or adjustments under subsection (f)must:
(1) be ordered and continue only as long as demonstrablynecessary for the maintenance of essential services ortransportation or for the continued operation of the economy butnot longer than the proclamation's duration;
(2) be applied as uniformly as practicable within each class ofsuppliers and consumers and without discrimination within aclass; and
(3) give due consideration to:
(A) the implementation of involuntary measures only aftervoluntary measures have been determined to be ineffective;
(B) protection of public health and safety;
(C) maintenance of vital activities, including but not limitedto food, shelter, fuel, and medical care;
(D) minimization of economic impact on commercial, retail,professional, agricultural, and service establishments;
(E) cooperation with other state, local, and federalgovernments to avoid duplicating efforts; and
(F) maintenance of public information channels.
(h) This section does not mean that any program, control,standard, priority quota, or other policy created under the authorityof the emergency powers authorized by this section has anycontinuing legal effect after the cessation of a declared state ofenergy emergency.
(i) Except as provided in this section, this chapter does not exempta person from compliance with the provisions of any other law, rule,or directive unless:
(1) specifically ordered by the governor; or
(2) impossibility of compliance is a direct result of thegovernor's order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to informthe general public of its contents; and
(2) filed promptly with the secretary of state and the clerk ofeach circuit court of Indiana.As added by P.L.2-2003, SEC.5.
IC 10-14-3-14
Declaration of energy emergency; procedures
Sec. 14. (a) In determining whether to declare an energyemergency under section 13 of this chapter, the governor shallconsider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs andshortages;
(3) the availability of short term alternative supplies on a local,state, regional, and national basis;
(4) the economic effect of the declaration and theimplementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energyemergencies proclaimed under section 13 of this chapter, thegoverning body of each city, town, or political subdivision of thestate and each state agency (including the utility regulatorycommission) shall carry out in the body's or agency's jurisdictionenergy supply emergency measures ordered by the governor.
(c) To attain uniformity throughout the country in measures takento aid in energy crisis management, all:
(1) action taken under this section and section 13 of thischapter; and
(2) orders and rules made under this section and section 13 ofthis chapter;
must be taken or made consistent with federal orders, rules, actions,recommendations, and requests.
(d) A person shall comply with a specific order issued or actiontaken by the governor under this section or section 13 of this chapter.
(e) During a state of energy emergency proclaimed under section13 of this chapter, the governor may:
(1) subpoena:
(A) witnesses;
(B) material;
(C) relevant books;
(D) papers;
(E) accounts;
(F) records; and
(G) memoranda;
(2) administer oaths; and
(3) cause the depositions of persons residing within or outsideIndiana to be taken in the manner prescribed for depositions incivil actions;
to obtain information relevant to energy resources that are the subjectof the proclaimed emergency.
(f) In obtaining information under subsection (e), the governorshall:
(1) avoid eliciting information already furnished by a person or
political subdivision in Indiana to a federal, state, or localregulatory authority that is available for the governor's study;and
(2) cause reporting procedures, including forms, to conform toexisting requirements of federal, state, and local regulatoryauthorities wherever possible.
(g) Information obtained under this section from a person whodesignates that information as confidential shall be maintained asconfidential by the governor and by any person who obtainsinformation that the person knows to be confidential under thischapter. The governor may not make known in any manner anyparticulars of information to persons other than those specified insubsection (j).
(h) This section does not prohibit the use of confidentialinformation to prepare statistics or other general data for publicationif the information is presented in a manner that preventsidentification of the particular persons.
(i) A person who is served with a subpoena to:
(1) give testimony orally or in writing; or
(2) produce books, papers, correspondence, memoranda,agreements, or other documents or records;
under this chapter may apply to an Indiana court for protectionagainst abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in thissection include any other individual designated in writing by thegovernor. A person designated by the governor shall preserve theconfidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section andsection 13 of this chapter are in addition to and not instead ofemergency powers vested in the governor under this chapter or anyother state law.
(l) The governor may authorize the incurring of liabilities andexpenses to be paid as other claims against the state from the generalfund in the amount necessary if:
(1) an energy emergency is declared by the governor; and
(2) the energy emergency justifies the expenditure;
in accordance with section 28 of this chapter for other emergency ordisaster expenditures.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-15
Governmental functions; liability; emergency managementworkers
Sec. 15. (a) Any function under this chapter and any other activityrelating to emergency management is a governmental function. Thestate, any political subdivision, any other agencies of the state orpolitical subdivision of the state, or, except in cases of willfulmisconduct, gross negligence, or bad faith, any emergencymanagement worker complying with or reasonably attempting tocomply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or otherprecautionary measures enacted by any political subdivision of thestate, is not liable for the death of or injury to persons or for damageto property as a result of any such activity. This section does notaffect the right of any person to receive:
(1) benefits to which the person would otherwise be entitledunder:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 throughIC 22-3-6); or
(C) any pension law; or
(2) any benefits or compensation under any federal law.
(b) Any requirement for a license to practice any professional,mechanical, or other skill does not apply to any authorizedemergency management worker who, in the course of performingduties as an emergency management worker, practices a professional,mechanical, or other skill during a disaster emergency.
(c) A volunteer working as an authorized emergency managementworker may be covered by the medical treatment and burial expenseprovisions of the worker's compensation law (IC 22-3-2 throughIC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).If compensability of the injury is an issue, the administrativeprocedures of IC 22-3-2 through IC 22-3-7 shall be used to determinethe issue.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-16
Director of local organizations; mutual aid arrangements
Sec. 16. (a) The director of a local organization for emergencymanagement may develop or cause to be developed mutual aidarrangements with other public and private agencies within Indianafor reciprocal emergency management aid and assistance in case ofdisaster too great to be dealt with unassisted. An arrangement mustbe consistent with the state emergency management program andstate emergency operations plan. During an emergency, a localorganization for emergency management and the agency shall renderassistance in accordance with the provisions of the mutual aidarrangement.
(b) The director of a local organization for emergencymanagement and disaster:
(1) may assist in the negotiation of reciprocal mutual aidagreements between the governor and the adjoining state or thestate's political subdivisions; and
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