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 occurrence
or imminent threat of widespread or severe damage, injury, or loss
of life or property resulting from any natural phenomenon or human
act.
(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 to
avert 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" means
the preparation for and the coordination of all emergency functions,
other than functions for which military forces or other federal
agencies are primarily responsible, to prevent, minimize, and repair
injury 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 the
preparation for and coordination of the functions described in
subdivisions (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 auxiliary
employee 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 in
subdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indiana
subject to the order or control of, or under a request of, the state
government or any political subdivision of the state. The term
includes a volunteer health practitioner registered under
IC 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 or
other 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 an
existing or projected shortfall of at least eight percent (8%) of motor
fuel or of other energy sources that threatens to seriously disrupt or
diminish energy supplies to the extent that life, health, or property
may 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 the
meaning 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 of
disasters or emergencies of unprecedented size and destructiveness
that may result from manmade or natural causes, to ensure that
Indiana will be adequately prepared to deal with disasters or
emergencies or to prevent or mitigate those disasters where possible,
generally to provide for the common defense, to protect the public
peace, health, and safety, and to preserve the lives and property of
the people of the state, it is found and declared to be necessary:
(1) to provide for emergency management under the department
of homeland security;
(2) to create local emergency management departments and to
authorize and direct disaster and emergency management
functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads
or governing bodies of the political subdivisions of the state the
emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the
political subdivisions of the state, with other states, and with the
federal government to carry out emergency, disaster, or
emergency management functions; and
(5) to authorize the establishment of organizations and the
implementation of steps that are necessary and appropriate to
carry out this chapter.
(b) It is also the purpose of this chapter and the policy of the state
to:
(1) coordinate all emergency management functions of this state
to the maximum extent with the comparable functions of:
(A) the federal government, including the federal
government'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 of
the nation's manpower, resources, and facilities for dealing with
any disaster that may occur;
(2) prepare for prompt and efficient rescue, care, and treatment
of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start of
restoration and rehabilitation of persons and property affected
by 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 recovery
from disasters;
(5) authorize and provide cooperation between departments of
government 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 state
and its political subdivisions may participate; and
(7) provide a disaster management system embodying all
aspects of pre-disaster preparedness, disaster operations, and
post-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 other
laws may be taken when necessary to forestall or mitigate
imminent or existing danger to public health or safety.
(2) Interfere with the dissemination of news or comment on
public affairs. However, a communications facility or
organization, including radio and television stations, wire
services, and newspapers, may be required to transmit or print
public service messages furnishing information or instructions
in connection with a disaster emergency.
(3) Affect the jurisdiction or responsibilities of police forces,
firefighting forces, or units or personnel on active duty of the
United States' armed forces. However, state, local, and
interjurisdictional disaster emergency plans must rely on the
forces available for performance of functions related to disaster
emergencies.
(4) Limit, modify, or abridge the authority of the governor to
proclaim martial law or exercise any other powers vested in the
governor under the constitution, statutes, or common law of
Indiana independent of or in conjunction with any provisions of
this chapter.
(b) This chapter does not limit or in any way affect the
responsibilities 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 interjurisdictional
disaster plans; statewide mutual aid program
Sec. 9. (a) The agency shall prepare and maintain a current state
emergency operations plan. The plan may provide for the following:
(1) Prevention and minimization of injury and damage caused
by 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 other
nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to
eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and
building safety commission and local authorities.
(6) Assistance to local officials in designing local emergency
action plans.
(7) Authorization and procedures for the erection or other
construction of temporary works designed to protect against or
mitigate danger, damage, or loss from flood, conflagration, or
other disaster.
(8) Preparation and distribution to the appropriate state and
local officials of state catalogs of federal, state, and private
assistance 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 disaster
plans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development and
revision of local and interjurisdictional disaster plans prepared under
section 17 of this chapter. The agency shall employ or otherwise
secure the services of professional and technical personnel capable
of providing expert assistance to political subdivisions, a political
subdivision's disaster agencies, and interjurisdictional planning and
disaster agencies. These personnel:
(1) shall consult with subdivisions and government agencies on
a regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances,
and conditions to which particular local and interjurisdictional
disaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agency
shall seek the advice and assistance of local government, business,
labor, industry, agriculture, civic and volunteer organizations, and
community leaders. In advising local and interjurisdictional agencies,
the agency shall encourage local and interjurisdictional agencies to
seek advice from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may be
incorporated in rules of the agency or by executive orders.
(e) The agency shall do the following:
(1) Determine requirements of the state and political
subdivisions for food, clothing, and other necessities in the
event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and
equipment.
(3) Adopt standards and requirements for local and
interjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disaster
agencies, and interjurisdictional disaster agencies to establish
and operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities in
Indiana, both public and private, necessary to carry out this
chapter.
(7) Plan and make arrangements for the availability and use of
any private facilities, services, and property, and if necessary
and if the private facilities, services, or property is used,
provide for payment for the use under agreed upon terms and
conditions.
(8) Establish a register of persons with types of training and
skills important in emergency prevention, preparedness,
response, and recovery.
(9) Establish a register of mobile and construction equipment
and temporary housing available for use in a disaster
emergency.
(10) Prepare, for issuance by the governor, executive orders,
proclamations, and regulations necessary or appropriate in
coping with disaster.
(11) Cooperate with the federal government and any public or
private agency or entity in achieving any purpose of this chapter
and in implementing programs for disaster prevention,
preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate to
implement this chapter.
(f) The agency shall ascertain the rapid and efficient
communications that exist in times of disaster emergencies. The
agency shall consider the desirability of supplementing these
communications resources or of integrating these resources into a
comprehensive intrastate or state-federal telecommunications or
other communications system or network. In studying the character
and feasibility of any system, the agency shall evaluate the
possibility of multipurpose use of the system for general state and
local governmental purposes. The agency shall make appropriate
recommendations to the governor.
(g) The agency shall develop a statewide mutual aid program to
implement 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; assistance
request; restrictions on assistance
Note: This version of section effective until 7-1-2010. See also
following version of this section, effective 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the statewide mutual aid program.
(b) As used in this section, "unit" has the meaning set forth in
IC 36-1-2-23.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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; assistance
request; restrictions on assistance
Note: This version of section effective 7-1-2010. See also
preceding version of this section, effective until 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the 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 behalf
of a fire protection territory established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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 on
agreements
Sec. 10.7. (a) As used in this section, "participating unit" has the
meaning set forth in section 10.6(a) of this chapter.
(b) Each participating unit shall provide for the payment of
compensation 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 injured
or 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 death
were sustained while the member was rendering assistance for or
within the member's own unit. Expenses incurred under this
subsection are not reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster response
or recovery to another participating unit under section 10.6 of this
chapter shall be reimbursed by the participating unit receiving the
assistance for the following:
(1) A loss of, damage to, or expense incurred in the operation
of any equipment in answering the request for assistance, to the
extent the loss, damage, or expense is not covered by a
reimbursement from insurance to the participating unit
rendering assistance.
(2) An expense incurred in the provision of a service in
answering the request for assistance, to the extent the expense
is not covered by a reimbursement from insurance to the
participating unit rendering assistance.
(3) An expense incurred in answering the request for assistance,
to the extent the expense is not covered by a reimbursement
from insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance
policy used to reimburse all or part of an expense or other cost
described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement
rates apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the
responding personnel if it is the normal practice of the
requesting unit to pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering
assistance to another participating unit under this section shall be
considered agents of the requesting participating unit for the purpose
of 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, fire
protection district, or provider unit (as defined in IC 36-8-19-3)
acting on behalf of a fire protection territory, or affect any other
agreement to which a unit, a fire protection district, or a fire
protection territory is a party, including an agreement entered into
under 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 the
agency and is responsible for carrying out this chapter. In the event
of disaster or emergency beyond local control, the governor may
assume direct operational control over all or any part of the
emergency management functions within Indiana.
(b) In performing the governor's duties under this chapter, the
governor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, and
regulations to carry out this chapter with due consideration of
the plans of the federal government.
(2) Cooperate with the President of the United States and the
heads of the armed forces, the Federal Emergency Management
Agency, and the officers and agencies of other states in matters
pertaining to emergency management and disaster preparedness,
response, and recovery of the state and nation. In cooperating
under this subdivision, the governor may take any measures that
the governor considers proper to carry into effect any request of
the President of the United States and the appropriate federal
officers and agencies for any emergency management action,
including the direction or control of disaster preparations,
including the following:
(A) Mobilizing emergency management forces and other
tests and exercises.
(B) Providing warnings and signals for drills, actual
emergencies, or disasters.
(C) Shutting off water mains, gas mains, and electric power
connections and suspending any other utility service.
(D) Conducting civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during,
before, and after drills, actual emergencies, or other
disasters.
(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 law
enforcement officers and agencies as may be reasonable and
necessary for securing compliance with this chapter and with
any orders, rules, and regulations made under this chapter.
(4) Employ any measure and give any direction to the state
department of health or local boards of health as is reasonably
necessary for securing compliance with this chapter or with the
findings or recommendations of the state department of health
or local boards of health because of conditions arising from
actual or threatened:
(A) national security emergencies; or
(B) manmade or natural disasters or emergencies.
(5) Use the services and facilities of existing officers, agencies
of the state, and of political subdivisions. All officers and
agencies of the state and of political subdivisions shall
cooperate with and extend services and facilities to the governor
as the governor may request.
(6) Establish agencies and offices and appoint executive,
technical, clerical, and other personnel necessary to carry out
this chapter, including the appointment of full-time state and
area 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 by
executive order or proclamation if the governor determines that a
disaster has occurred or that the occurrence or the threat of a disaster
is imminent. The state of disaster emergency continues until the
governor:
(1) determines that the threat or danger has passed or the
disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster emergency by executive
order 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 the
governor. The general assembly, by concurrent resolution, may
terminate a state of disaster emergency at any time. If the general
assembly terminates a state of disaster emergency under this
subsection, the governor shall issue an executive order or
proclamation ending the state of disaster emergency. All executive
orders or proclamations issued under this subsection must indicate
the nature of the disaster, the area or areas threatened, and the
conditions which have brought the disaster about or that make
possible termination of the state of disaster emergency. An executive
order or proclamation under this subsection shall be disseminated
promptly by means calculated to bring the order's or proclamation's
contents to the attention of the general public. Unless the
circumstances attendant upon the disaster prevent or impede, an
executive order or proclamation shall be promptly filed with the
secretary of state and with the clerk of the city or town affected or
with the clerk of the circuit court.
(b) An executive order or proclamation of a state of disaster
emergency:
(1) activates the disaster response and recovery aspects of the
state, 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 or
plans apply; and
(B) use or distribution of any supplies, equipment, materials,
and facilities assembled, stockpiled, or arranged to be made
available under this chapter or under any other law relating
to disaster emergencies.
(c) During the continuance of any state of disaster emergency, the
governor is commander-in-chief of the organized and unorganized
militia and of all other forces available for emergency duty. To the
greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or regulations. This section does not restrict the
governor's authority to delegate or assign command authority by
orders issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor may
do the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders,
rules, or regulations of any state agency if strict compliance
with 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 of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or facilitating
emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any private
property if the governor finds this action necessary to cope with
the disaster emergency.
(5) Assist in the evacuation of all or part of the population from
any stricken or threatened area in Indiana if the governor
considers this action necessary for the preservation of life or
other disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinations
in connection with evacuation.
(7) Control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises in the area.
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, explosives, and combustibles.
(9) Make provision for the availability and use of temporary
emergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by an
approved 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 the
governor;
to practice their respective profession in Indiana during the
period of the state of emergency if the state in which a person's
license or registration was issued has a mutual aid compact for
emergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, and
other 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 special
powers of governor; exemption; effect of cessation
Sec. 13. (a) In addition to the governor's existing powers and
duties, the governor has the duties and special energy emergency
powers set forth in this section, subject to the limitations in this
chapter.
(b) The governor may, upon finding that an energy emergency
exists, proclaim a state of energy emergency at which time all the
general and specific emergency powers specified in this section and
section 14 of this chapter become effective.
(c) A proclamation issued under this section and any order or rule
issued as a result of the proclamation continues in effect until sixty
(60) days after the date of the proclamation of the energy emergency
unless the governor rescinds the proclamation and declares the
energy emergency ended before the expiration of the sixty (60) day
period.
(d) The governor may not renew or extend a proclamation more
than once without approval of the general assembly.
(e) The conditions of an energy emergency cease when the
governor declares the end of an energy emergency.
(f) In a declared state of energy emergency, the governor may do
the following:
(1) Implement programs, controls, standards, priorities, and
quotas for the conservation and consumption of energy,
including plans and commission regulations for the curtailment
of energy if the governor imposes controls, quotas, or
curtailments according to the nature of the end use to be made
of the energy consistent with existing transmission and
distribution systems serving the geographic area affected by the
energy 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 water
quality control.
(3) Establish and implement intrastate regional programs and
agreements for the purposes of coordinating the energy program
and actions of the state with the federal government and other
states, localities, and other persons.
(4) Designate the execution and enforcement of emergency
orders 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 regulating
transportation or the orders or rules of any state agency if strict
compliance 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 demonstrably
necessary for the maintenance of essential services or
transportation or for the continued operation of the economy but
not longer than the proclamation's duration;
(2) be applied as uniformly as practicable within each class of
suppliers and consumers and without discrimination within a
class; and
(3) give due consideration to:
(A) the implementation of involuntary measures only after
voluntary measures have been determined to be ineffective;
(B) protection of public health and safety;
(C) maintenance of vital activities, including but not limited
to 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 federal
governments 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 authority
of the emergency powers authorized by this section has any
continuing legal effect after the cessation of a declared state of
energy emergency.
(i) Except as provided in this section, this chapter does not exempt
a 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 the
governor's order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform
the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of
each 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 energy
emergency under section 13 of this chapter, the governor shall
consider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and
shortages;
(3) the availability of short term alternative supplies on a local,
state, regional, and national basis;
(4) the economic effect of the declaration and the
implementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy
emergencies proclaimed under section 13 of this chapter, the
governing body of each city, town, or political subdivision of the
state and each state agency (including the utility regulatory
commission) shall carry out in the body's or agency's jurisdiction
energy supply emergency measures ordered by the governor.
(c) To attain uniformity throughout the country in measures taken
to aid in energy crisis management, all:
(1) action taken under this section and section 13 of this
chapter; and
(2) orders and rules made under this section and section 13 of
this 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 action
taken by the governor under this section or section 13 of this chapter.
(e) During a state of energy emergency proclaimed under section
13 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 outside
Indiana to be taken in the manner prescribed for depositions in
civil actions;
to obtain information relevant to energy resources that are the subject
of the proclaimed emergency.
(f) In obtaining information under subsection (e), the governor
shall:
(1) avoid eliciting information already furnished by a person or
political subdivision in Indiana to a federal, state, or local
regulatory authority that is available for the governor's study;
and
(2) cause reporting procedures, including forms, to conform to
existing requirements of federal, state, and local regulatory
authorities wherever possible.
(g) Information obtained under this section from a person who
designates that information as confidential shall be maintained as
confidential by the governor and by any person who obtains
information that the person knows to be confidential under this
chapter. The governor may not make known in any manner any
particulars of information to persons other than those specified in
subsection (j).
(h) This section does not prohibit the use of confidential
information to prepare statistics or other general data for publication
if the information is presented in a manner that prevents
identification 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 protection
against abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in this
section include any other individual designated in writing by the
governor. A person designated by the governor shall preserve the
confidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section and
section 13 of this chapter are in addition to and not instead of
emergency powers vested in the governor under this chapter or any
other state law.
(l) The governor may authorize the incurring of liabilities and
expenses to be paid as other claims against the state from the general
fund 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 or
disaster expenditures. As added by P.L.2-2003, SEC.5.
IC 10-14-3-15 Governmental functions; liability; emergency management
workers
Sec. 15. (a) Any function under this chapter and any other activity
relating to emergency management is a governmental function. The
state, any political subdivision, any other agencies of the state or
political subdivision of the state, or, except in cases of willful
misconduct, gross negligence, or bad faith, any emergency
management worker complying with or reasonably attempting to
comply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or other
precautionary measures enacted by any political subdivision of the
state, is not liable for the death of or injury to persons or for damage
to property as a result of any such activity. This section does not
affect the right of any person to receive:
(1) benefits to which the person would otherwise be entitled
under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through
IC 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 authorized
emergency management worker who, in the course of performing
duties as an emergency management worker, practices a professional,
mechanical, or other skill during a disaster emergency.
(c) A volunteer working as an authorized emergency management
worker may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).
If compensability of the injury is an issue, the administrative
procedures of IC 22-3-2 through IC 22-3-7 shall be used to determine
the 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 emergency
management may develop or cause to be developed mutual aid
arrangements with other public and private agencies within Indiana
for reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted. An arrangement must
be consistent with the state emergency management program and
state emergency operations plan. During an emergency, a local
organization for emergency management and the agency shall render
assistance in accordance with the provisions of the mutual aid
arrangement.
(b) The director of a local organization for emergency
management and disaster:
(1) may assist in the negotiation of reciprocal mutual aid
agreements between the governor and the adjoining state or the
state's political subdivisions; and
&n
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 occurrence
or imminent threat of widespread or severe damage, injury, or loss
of life or property resulting from any natural phenomenon or human
act.
(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 to
avert 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" means
the preparation for and the coordination of all emergency functions,
other than functions for which military forces or other federal
agencies are primarily responsible, to prevent, minimize, and repair
injury 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 the
preparation for and coordination of the functions described in
subdivisions (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 auxiliary
employee 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 in
subdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indiana
subject to the order or control of, or under a request of, the state
government or any political subdivision of the state. The term
includes a volunteer health practitioner registered under
IC 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 or
other 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 an
existing or projected shortfall of at least eight percent (8%) of motor
fuel or of other energy sources that threatens to seriously disrupt or
diminish energy supplies to the extent that life, health, or property
may 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 the
meaning 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 of
disasters or emergencies of unprecedented size and destructiveness
that may result from manmade or natural causes, to ensure that
Indiana will be adequately prepared to deal with disasters or
emergencies or to prevent or mitigate those disasters where possible,
generally to provide for the common defense, to protect the public
peace, health, and safety, and to preserve the lives and property of
the people of the state, it is found and declared to be necessary:
(1) to provide for emergency management under the department
of homeland security;
(2) to create local emergency management departments and to
authorize and direct disaster and emergency management
functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads
or governing bodies of the political subdivisions of the state the
emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the
political subdivisions of the state, with other states, and with the
federal government to carry out emergency, disaster, or
emergency management functions; and
(5) to authorize the establishment of organizations and the
implementation of steps that are necessary and appropriate to
carry out this chapter.
(b) It is also the purpose of this chapter and the policy of the state
to:
(1) coordinate all emergency management functions of this state
to the maximum extent with the comparable functions of:
(A) the federal government, including the federal
government'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 of
the nation's manpower, resources, and facilities for dealing with
any disaster that may occur;
(2) prepare for prompt and efficient rescue, care, and treatment
of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start of
restoration and rehabilitation of persons and property affected
by 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 recovery
from disasters;
(5) authorize and provide cooperation between departments of
government 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 state
and its political subdivisions may participate; and
(7) provide a disaster management system embodying all
aspects of pre-disaster preparedness, disaster operations, and
post-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 other
laws may be taken when necessary to forestall or mitigate
imminent or existing danger to public health or safety.
(2) Interfere with the dissemination of news or comment on
public affairs. However, a communications facility or
organization, including radio and television stations, wire
services, and newspapers, may be required to transmit or print
public service messages furnishing information or instructions
in connection with a disaster emergency.
(3) Affect the jurisdiction or responsibilities of police forces,
firefighting forces, or units or personnel on active duty of the
United States' armed forces. However, state, local, and
interjurisdictional disaster emergency plans must rely on the
forces available for performance of functions related to disaster
emergencies.
(4) Limit, modify, or abridge the authority of the governor to
proclaim martial law or exercise any other powers vested in the
governor under the constitution, statutes, or common law of
Indiana independent of or in conjunction with any provisions of
this chapter.
(b) This chapter does not limit or in any way affect the
responsibilities 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 interjurisdictional
disaster plans; statewide mutual aid program
Sec. 9. (a) The agency shall prepare and maintain a current state
emergency operations plan. The plan may provide for the following:
(1) Prevention and minimization of injury and damage caused
by 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 other
nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to
eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and
building safety commission and local authorities.
(6) Assistance to local officials in designing local emergency
action plans.
(7) Authorization and procedures for the erection or other
construction of temporary works designed to protect against or
mitigate danger, damage, or loss from flood, conflagration, or
other disaster.
(8) Preparation and distribution to the appropriate state and
local officials of state catalogs of federal, state, and private
assistance 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 disaster
plans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development and
revision of local and interjurisdictional disaster plans prepared under
section 17 of this chapter. The agency shall employ or otherwise
secure the services of professional and technical personnel capable
of providing expert assistance to political subdivisions, a political
subdivision's disaster agencies, and interjurisdictional planning and
disaster agencies. These personnel:
(1) shall consult with subdivisions and government agencies on
a regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances,
and conditions to which particular local and interjurisdictional
disaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agency
shall seek the advice and assistance of local government, business,
labor, industry, agriculture, civic and volunteer organizations, and
community leaders. In advising local and interjurisdictional agencies,
the agency shall encourage local and interjurisdictional agencies to
seek advice from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may be
incorporated in rules of the agency or by executive orders.
(e) The agency shall do the following:
(1) Determine requirements of the state and political
subdivisions for food, clothing, and other necessities in the
event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and
equipment.
(3) Adopt standards and requirements for local and
interjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disaster
agencies, and interjurisdictional disaster agencies to establish
and operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities in
Indiana, both public and private, necessary to carry out this
chapter.
(7) Plan and make arrangements for the availability and use of
any private facilities, services, and property, and if necessary
and if the private facilities, services, or property is used,
provide for payment for the use under agreed upon terms and
conditions.
(8) Establish a register of persons with types of training and
skills important in emergency prevention, preparedness,
response, and recovery.
(9) Establish a register of mobile and construction equipment
and temporary housing available for use in a disaster
emergency.
(10) Prepare, for issuance by the governor, executive orders,
proclamations, and regulations necessary or appropriate in
coping with disaster.
(11) Cooperate with the federal government and any public or
private agency or entity in achieving any purpose of this chapter
and in implementing programs for disaster prevention,
preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate to
implement this chapter.
(f) The agency shall ascertain the rapid and efficient
communications that exist in times of disaster emergencies. The
agency shall consider the desirability of supplementing these
communications resources or of integrating these resources into a
comprehensive intrastate or state-federal telecommunications or
other communications system or network. In studying the character
and feasibility of any system, the agency shall evaluate the
possibility of multipurpose use of the system for general state and
local governmental purposes. The agency shall make appropriate
recommendations to the governor.
(g) The agency shall develop a statewide mutual aid program to
implement 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; assistance
request; restrictions on assistance
Note: This version of section effective until 7-1-2010. See also
following version of this section, effective 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the statewide mutual aid program.
(b) As used in this section, "unit" has the meaning set forth in
IC 36-1-2-23.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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; assistance
request; restrictions on assistance
Note: This version of section effective 7-1-2010. See also
preceding version of this section, effective until 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the 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 behalf
of a fire protection territory established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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 on
agreements
Sec. 10.7. (a) As used in this section, "participating unit" has the
meaning set forth in section 10.6(a) of this chapter.
(b) Each participating unit shall provide for the payment of
compensation 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 injured
or 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 death
were sustained while the member was rendering assistance for or
within the member's own unit. Expenses incurred under this
subsection are not reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster response
or recovery to another participating unit under section 10.6 of this
chapter shall be reimbursed by the participating unit receiving the
assistance for the following:
(1) A loss of, damage to, or expense incurred in the operation
of any equipment in answering the request for assistance, to the
extent the loss, damage, or expense is not covered by a
reimbursement from insurance to the participating unit
rendering assistance.
(2) An expense incurred in the provision of a service in
answering the request for assistance, to the extent the expense
is not covered by a reimbursement from insurance to the
participating unit rendering assistance.
(3) An expense incurred in answering the request for assistance,
to the extent the expense is not covered by a reimbursement
from insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance
policy used to reimburse all or part of an expense or other cost
described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement
rates apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the
responding personnel if it is the normal practice of the
requesting unit to pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering
assistance to another participating unit under this section shall be
considered agents of the requesting participating unit for the purpose
of 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, fire
protection district, or provider unit (as defined in IC 36-8-19-3)
acting on behalf of a fire protection territory, or affect any other
agreement to which a unit, a fire protection district, or a fire
protection territory is a party, including an agreement entered into
under 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 the
agency and is responsible for carrying out this chapter. In the event
of disaster or emergency beyond local control, the governor may
assume direct operational control over all or any part of the
emergency management functions within Indiana.
(b) In performing the governor's duties under this chapter, the
governor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, and
regulations to carry out this chapter with due consideration of
the plans of the federal government.
(2) Cooperate with the President of the United States and the
heads of the armed forces, the Federal Emergency Management
Agency, and the officers and agencies of other states in matters
pertaining to emergency management and disaster preparedness,
response, and recovery of the state and nation. In cooperating
under this subdivision, the governor may take any measures that
the governor considers proper to carry into effect any request of
the President of the United States and the appropriate federal
officers and agencies for any emergency management action,
including the direction or control of disaster preparations,
including the following:
(A) Mobilizing emergency management forces and other
tests and exercises.
(B) Providing warnings and signals for drills, actual
emergencies, or disasters.
(C) Shutting off water mains, gas mains, and electric power
connections and suspending any other utility service.
(D) Conducting civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during,
before, and after drills, actual emergencies, or other
disasters.
(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 law
enforcement officers and agencies as may be reasonable and
necessary for securing compliance with this chapter and with
any orders, rules, and regulations made under this chapter.
(4) Employ any measure and give any direction to the state
department of health or local boards of health as is reasonably
necessary for securing compliance with this chapter or with the
findings or recommendations of the state department of health
or local boards of health because of conditions arising from
actual or threatened:
(A) national security emergencies; or
(B) manmade or natural disasters or emergencies.
(5) Use the services and facilities of existing officers, agencies
of the state, and of political subdivisions. All officers and
agencies of the state and of political subdivisions shall
cooperate with and extend services and facilities to the governor
as the governor may request.
(6) Establish agencies and offices and appoint executive,
technical, clerical, and other personnel necessary to carry out
this chapter, including the appointment of full-time state and
area 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 by
executive order or proclamation if the governor determines that a
disaster has occurred or that the occurrence or the threat of a disaster
is imminent. The state of disaster emergency continues until the
governor:
(1) determines that the threat or danger has passed or the
disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster emergency by executive
order 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 the
governor. The general assembly, by concurrent resolution, may
terminate a state of disaster emergency at any time. If the general
assembly terminates a state of disaster emergency under this
subsection, the governor shall issue an executive order or
proclamation ending the state of disaster emergency. All executive
orders or proclamations issued under this subsection must indicate
the nature of the disaster, the area or areas threatened, and the
conditions which have brought the disaster about or that make
possible termination of the state of disaster emergency. An executive
order or proclamation under this subsection shall be disseminated
promptly by means calculated to bring the order's or proclamation's
contents to the attention of the general public. Unless the
circumstances attendant upon the disaster prevent or impede, an
executive order or proclamation shall be promptly filed with the
secretary of state and with the clerk of the city or town affected or
with the clerk of the circuit court.
(b) An executive order or proclamation of a state of disaster
emergency:
(1) activates the disaster response and recovery aspects of the
state, 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 or
plans apply; and
(B) use or distribution of any supplies, equipment, materials,
and facilities assembled, stockpiled, or arranged to be made
available under this chapter or under any other law relating
to disaster emergencies.
(c) During the continuance of any state of disaster emergency, the
governor is commander-in-chief of the organized and unorganized
militia and of all other forces available for emergency duty. To the
greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or regulations. This section does not restrict the
governor's authority to delegate or assign command authority by
orders issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor may
do the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders,
rules, or regulations of any state agency if strict compliance
with 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 of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or facilitating
emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any private
property if the governor finds this action necessary to cope with
the disaster emergency.
(5) Assist in the evacuation of all or part of the population from
any stricken or threatened area in Indiana if the governor
considers this action necessary for the preservation of life or
other disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinations
in connection with evacuation.
(7) Control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises in the area.
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, explosives, and combustibles.
(9) Make provision for the availability and use of temporary
emergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by an
approved 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 the
governor;
to practice their respective profession in Indiana during the
period of the state of emergency if the state in which a person's
license or registration was issued has a mutual aid compact for
emergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, and
other 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 special
powers of governor; exemption; effect of cessation
Sec. 13. (a) In addition to the governor's existing powers and
duties, the governor has the duties and special energy emergency
powers set forth in this section, subject to the limitations in this
chapter.
(b) The governor may, upon finding that an energy emergency
exists, proclaim a state of energy emergency at which time all the
general and specific emergency powers specified in this section and
section 14 of this chapter become effective.
(c) A proclamation issued under this section and any order or rule
issued as a result of the proclamation continues in effect until sixty
(60) days after the date of the proclamation of the energy emergency
unless the governor rescinds the proclamation and declares the
energy emergency ended before the expiration of the sixty (60) day
period.
(d) The governor may not renew or extend a proclamation more
than once without approval of the general assembly.
(e) The conditions of an energy emergency cease when the
governor declares the end of an energy emergency.
(f) In a declared state of energy emergency, the governor may do
the following:
(1) Implement programs, controls, standards, priorities, and
quotas for the conservation and consumption of energy,
including plans and commission regulations for the curtailment
of energy if the governor imposes controls, quotas, or
curtailments according to the nature of the end use to be made
of the energy consistent with existing transmission and
distribution systems serving the geographic area affected by the
energy 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 water
quality control.
(3) Establish and implement intrastate regional programs and
agreements for the purposes of coordinating the energy program
and actions of the state with the federal government and other
states, localities, and other persons.
(4) Designate the execution and enforcement of emergency
orders 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 regulating
transportation or the orders or rules of any state agency if strict
compliance 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 demonstrably
necessary for the maintenance of essential services or
transportation or for the continued operation of the economy but
not longer than the proclamation's duration;
(2) be applied as uniformly as practicable within each class of
suppliers and consumers and without discrimination within a
class; and
(3) give due consideration to:
(A) the implementation of involuntary measures only after
voluntary measures have been determined to be ineffective;
(B) protection of public health and safety;
(C) maintenance of vital activities, including but not limited
to 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 federal
governments 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 authority
of the emergency powers authorized by this section has any
continuing legal effect after the cessation of a declared state of
energy emergency.
(i) Except as provided in this section, this chapter does not exempt
a 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 the
governor's order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform
the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of
each 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 energy
emergency under section 13 of this chapter, the governor shall
consider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and
shortages;
(3) the availability of short term alternative supplies on a local,
state, regional, and national basis;
(4) the economic effect of the declaration and the
implementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy
emergencies proclaimed under section 13 of this chapter, the
governing body of each city, town, or political subdivision of the
state and each state agency (including the utility regulatory
commission) shall carry out in the body's or agency's jurisdiction
energy supply emergency measures ordered by the governor.
(c) To attain uniformity throughout the country in measures taken
to aid in energy crisis management, all:
(1) action taken under this section and section 13 of this
chapter; and
(2) orders and rules made under this section and section 13 of
this 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 action
taken by the governor under this section or section 13 of this chapter.
(e) During a state of energy emergency proclaimed under section
13 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 outside
Indiana to be taken in the manner prescribed for depositions in
civil actions;
to obtain information relevant to energy resources that are the subject
of the proclaimed emergency.
(f) In obtaining information under subsection (e), the governor
shall:
(1) avoid eliciting information already furnished by a person or
political subdivision in Indiana to a federal, state, or local
regulatory authority that is available for the governor's study;
and
(2) cause reporting procedures, including forms, to conform to
existing requirements of federal, state, and local regulatory
authorities wherever possible.
(g) Information obtained under this section from a person who
designates that information as confidential shall be maintained as
confidential by the governor and by any person who obtains
information that the person knows to be confidential under this
chapter. The governor may not make known in any manner any
particulars of information to persons other than those specified in
subsection (j).
(h) This section does not prohibit the use of confidential
information to prepare statistics or other general data for publication
if the information is presented in a manner that prevents
identification 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 protection
against abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in this
section include any other individual designated in writing by the
governor. A person designated by the governor shall preserve the
confidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section and
section 13 of this chapter are in addition to and not instead of
emergency powers vested in the governor under this chapter or any
other state law.
(l) The governor may authorize the incurring of liabilities and
expenses to be paid as other claims against the state from the general
fund 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 or
disaster expenditures. As added by P.L.2-2003, SEC.5.
IC 10-14-3-15 Governmental functions; liability; emergency management
workers
Sec. 15. (a) Any function under this chapter and any other activity
relating to emergency management is a governmental function. The
state, any political subdivision, any other agencies of the state or
political subdivision of the state, or, except in cases of willful
misconduct, gross negligence, or bad faith, any emergency
management worker complying with or reasonably attempting to
comply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or other
precautionary measures enacted by any political subdivision of the
state, is not liable for the death of or injury to persons or for damage
to property as a result of any such activity. This section does not
affect the right of any person to receive:
(1) benefits to which the person would otherwise be entitled
under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through
IC 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 authorized
emergency management worker who, in the course of performing
duties as an emergency management worker, practices a professional,
mechanical, or other skill during a disaster emergency.
(c) A volunteer working as an authorized emergency management
worker may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).
If compensability of the injury is an issue, the administrative
procedures of IC 22-3-2 through IC 22-3-7 shall be used to determine
the 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 emergency
management may develop or cause to be developed mutual aid
arrangements with other public and private agencies within Indiana
for reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted. An arrangement must
be consistent with the state emergency management program and
state emergency operations plan. During an emergency, a local
organization for emergency management and the agency shall render
assistance in accordance with the provisions of the mutual aid
arrangement.
(b) The director of a local organization for emergency
management and disaster:
(1) may assist in the negotiation of reciprocal mutual aid
agreements between the governor and the adjoining state or the
state's political subdivisions; and
&n
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 occurrence
or imminent threat of widespread or severe damage, injury, or loss
of life or property resulting from any natural phenomenon or human
act.
(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 to
avert 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" means
the preparation for and the coordination of all emergency functions,
other than functions for which military forces or other federal
agencies are primarily responsible, to prevent, minimize, and repair
injury 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 the
preparation for and coordination of the functions described in
subdivisions (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 auxiliary
employee 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 in
subdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indiana
subject to the order or control of, or under a request of, the state
government or any political subdivision of the state. The term
includes a volunteer health practitioner registered under
IC 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 or
other 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 an
existing or projected shortfall of at least eight percent (8%) of motor
fuel or of other energy sources that threatens to seriously disrupt or
diminish energy supplies to the extent that life, health, or property
may 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 the
meaning 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 of
disasters or emergencies of unprecedented size and destructiveness
that may result from manmade or natural causes, to ensure that
Indiana will be adequately prepared to deal with disasters or
emergencies or to prevent or mitigate those disasters where possible,
generally to provide for the common defense, to protect the public
peace, health, and safety, and to preserve the lives and property of
the people of the state, it is found and declared to be necessary:
(1) to provide for emergency management under the department
of homeland security;
(2) to create local emergency management departments and to
authorize and direct disaster and emergency management
functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads
or governing bodies of the political subdivisions of the state the
emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the
political subdivisions of the state, with other states, and with the
federal government to carry out emergency, disaster, or
emergency management functions; and
(5) to authorize the establishment of organizations and the
implementation of steps that are necessary and appropriate to
carry out this chapter.
(b) It is also the purpose of this chapter and the policy of the state
to:
(1) coordinate all emergency management functions of this state
to the maximum extent with the comparable functions of:
(A) the federal government, including the federal
government'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 of
the nation's manpower, resources, and facilities for dealing with
any disaster that may occur;
(2) prepare for prompt and efficient rescue, care, and treatment
of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start of
restoration and rehabilitation of persons and property affected
by 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 recovery
from disasters;
(5) authorize and provide cooperation between departments of
government 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 state
and its political subdivisions may participate; and
(7) provide a disaster management system embodying all
aspects of pre-disaster preparedness, disaster operations, and
post-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 other
laws may be taken when necessary to forestall or mitigate
imminent or existing danger to public health or safety.
(2) Interfere with the dissemination of news or comment on
public affairs. However, a communications facility or
organization, including radio and television stations, wire
services, and newspapers, may be required to transmit or print
public service messages furnishing information or instructions
in connection with a disaster emergency.
(3) Affect the jurisdiction or responsibilities of police forces,
firefighting forces, or units or personnel on active duty of the
United States' armed forces. However, state, local, and
interjurisdictional disaster emergency plans must rely on the
forces available for performance of functions related to disaster
emergencies.
(4) Limit, modify, or abridge the authority of the governor to
proclaim martial law or exercise any other powers vested in the
governor under the constitution, statutes, or common law of
Indiana independent of or in conjunction with any provisions of
this chapter.
(b) This chapter does not limit or in any way affect the
responsibilities 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 interjurisdictional
disaster plans; statewide mutual aid program
Sec. 9. (a) The agency shall prepare and maintain a current state
emergency operations plan. The plan may provide for the following:
(1) Prevention and minimization of injury and damage caused
by 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 other
nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to
eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and
building safety commission and local authorities.
(6) Assistance to local officials in designing local emergency
action plans.
(7) Authorization and procedures for the erection or other
construction of temporary works designed to protect against or
mitigate danger, damage, or loss from flood, conflagration, or
other disaster.
(8) Preparation and distribution to the appropriate state and
local officials of state catalogs of federal, state, and private
assistance 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 disaster
plans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development and
revision of local and interjurisdictional disaster plans prepared under
section 17 of this chapter. The agency shall employ or otherwise
secure the services of professional and technical personnel capable
of providing expert assistance to political subdivisions, a political
subdivision's disaster agencies, and interjurisdictional planning and
disaster agencies. These personnel:
(1) shall consult with subdivisions and government agencies on
a regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances,
and conditions to which particular local and interjurisdictional
disaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agency
shall seek the advice and assistance of local government, business,
labor, industry, agriculture, civic and volunteer organizations, and
community leaders. In advising local and interjurisdictional agencies,
the agency shall encourage local and interjurisdictional agencies to
seek advice from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may be
incorporated in rules of the agency or by executive orders.
(e) The agency shall do the following:
(1) Determine requirements of the state and political
subdivisions for food, clothing, and other necessities in the
event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and
equipment.
(3) Adopt standards and requirements for local and
interjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disaster
agencies, and interjurisdictional disaster agencies to establish
and operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities in
Indiana, both public and private, necessary to carry out this
chapter.
(7) Plan and make arrangements for the availability and use of
any private facilities, services, and property, and if necessary
and if the private facilities, services, or property is used,
provide for payment for the use under agreed upon terms and
conditions.
(8) Establish a register of persons with types of training and
skills important in emergency prevention, preparedness,
response, and recovery.
(9) Establish a register of mobile and construction equipment
and temporary housing available for use in a disaster
emergency.
(10) Prepare, for issuance by the governor, executive orders,
proclamations, and regulations necessary or appropriate in
coping with disaster.
(11) Cooperate with the federal government and any public or
private agency or entity in achieving any purpose of this chapter
and in implementing programs for disaster prevention,
preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate to
implement this chapter.
(f) The agency shall ascertain the rapid and efficient
communications that exist in times of disaster emergencies. The
agency shall consider the desirability of supplementing these
communications resources or of integrating these resources into a
comprehensive intrastate or state-federal telecommunications or
other communications system or network. In studying the character
and feasibility of any system, the agency shall evaluate the
possibility of multipurpose use of the system for general state and
local governmental purposes. The agency shall make appropriate
recommendations to the governor.
(g) The agency shall develop a statewide mutual aid program to
implement 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; assistance
request; restrictions on assistance
Note: This version of section effective until 7-1-2010. See also
following version of this section, effective 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the statewide mutual aid program.
(b) As used in this section, "unit" has the meaning set forth in
IC 36-1-2-23.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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; assistance
request; restrictions on assistance
Note: This version of section effective 7-1-2010. See also
preceding version of this section, effective until 7-1-2010.
Sec. 10.6. (a) As used in this section, "participating unit" refers to
a unit that does not opt out under subsection (c) from participating in
the 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 behalf
of a fire protection territory established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutual
aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit
will 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 that
serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster 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 under
subsection (e) shall be made by and to the executive of the unit or the
executive's authorized representative. A request may be oral or in
writing. A written request shall be made on forms developed by the
department. An oral request shall be confirmed in writing not later
than 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 recovery
functions for which assistance is needed, including the
following:
(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 a
reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is
effective only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 29 of this chapter;
or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or
the loaned resources remain in the receiving participating
unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting 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 on
agreements
Sec. 10.7. (a) As used in this section, "participating unit" has the
meaning set forth in section 10.6(a) of this chapter.
(b) Each participating unit shall provide for the payment of
compensation 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 injured
or 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 death
were sustained while the member was rendering assistance for or
within the member's own unit. Expenses incurred under this
subsection are not reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster response
or recovery to another participating unit under section 10.6 of this
chapter shall be reimbursed by the participating unit receiving the
assistance for the following:
(1) A loss of, damage to, or expense incurred in the operation
of any equipment in answering the request for assistance, to the
extent the loss, damage, or expense is not covered by a
reimbursement from insurance to the participating unit
rendering assistance.
(2) An expense incurred in the provision of a service in
answering the request for assistance, to the extent the expense
is not covered by a reimbursement from insurance to the
participating unit rendering assistance.
(3) An expense incurred in answering the request for assistance,
to the extent the expense is not covered by a reimbursement
from insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance
policy used to reimburse all or part of an expense or other cost
described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement
rates apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the
responding personnel if it is the normal practice of the
requesting unit to pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering
assistance to another participating unit under this section shall be
considered agents of the requesting participating unit for the purpose
of 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, fire
protection district, or provider unit (as defined in IC 36-8-19-3)
acting on behalf of a fire protection territory, or affect any other
agreement to which a unit, a fire protection district, or a fire
protection territory is a party, including an agreement entered into
under 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 the
agency and is responsible for carrying out this chapter. In the event
of disaster or emergency beyond local control, the governor may
assume direct operational control over all or any part of the
emergency management functions within Indiana.
(b) In performing the governor's duties under this chapter, the
governor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, and
regulations to carry out this chapter with due consideration of
the plans of the federal government.
(2) Cooperate with the President of the United States and the
heads of the armed forces, the Federal Emergency Management
Agency, and the officers and agencies of other states in matters
pertaining to emergency management and disaster preparedness,
response, and recovery of the state and nation. In cooperating
under this subdivision, the governor may take any measures that
the governor considers proper to carry into effect any request of
the President of the United States and the appropriate federal
officers and agencies for any emergency management action,
including the direction or control of disaster preparations,
including the following:
(A) Mobilizing emergency management forces and other
tests and exercises.
(B) Providing warnings and signals for drills, actual
emergencies, or disasters.
(C) Shutting off water mains, gas mains, and electric power
connections and suspending any other utility service.
(D) Conducting civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during,
before, and after drills, actual emergencies, or other
disasters.
(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 law
enforcement officers and agencies as may be reasonable and
necessary for securing compliance with this chapter and with
any orders, rules, and regulations made under this chapter.
(4) Employ any measure and give any direction to the state
department of health or local boards of health as is reasonably
necessary for securing compliance with this chapter or with the
findings or recommendations of the state department of health
or local boards of health because of conditions arising from
actual or threatened:
(A) national security emergencies; or
(B) manmade or natural disasters or emergencies.
(5) Use the services and facilities of existing officers, agencies
of the state, and of political subdivisions. All officers and
agencies of the state and of political subdivisions shall
cooperate with and extend services and facilities to the governor
as the governor may request.
(6) Establish agencies and offices and appoint executive,
technical, clerical, and other personnel necessary to carry out
this chapter, including the appointment of full-time state and
area 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 by
executive order or proclamation if the governor determines that a
disaster has occurred or that the occurrence or the threat of a disaster
is imminent. The state of disaster emergency continues until the
governor:
(1) determines that the threat or danger has passed or the
disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster emergency by executive
order 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 the
governor. The general assembly, by concurrent resolution, may
terminate a state of disaster emergency at any time. If the general
assembly terminates a state of disaster emergency under this
subsection, the governor shall issue an executive order or
proclamation ending the state of disaster emergency. All executive
orders or proclamations issued under this subsection must indicate
the nature of the disaster, the area or areas threatened, and the
conditions which have brought the disaster about or that make
possible termination of the state of disaster emergency. An executive
order or proclamation under this subsection shall be disseminated
promptly by means calculated to bring the order's or proclamation's
contents to the attention of the general public. Unless the
circumstances attendant upon the disaster prevent or impede, an
executive order or proclamation shall be promptly filed with the
secretary of state and with the clerk of the city or town affected or
with the clerk of the circuit court.
(b) An executive order or proclamation of a state of disaster
emergency:
(1) activates the disaster response and recovery aspects of the
state, 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 or
plans apply; and
(B) use or distribution of any supplies, equipment, materials,
and facilities assembled, stockpiled, or arranged to be made
available under this chapter or under any other law relating
to disaster emergencies.
(c) During the continuance of any state of disaster emergency, the
governor is commander-in-chief of the organized and unorganized
militia and of all other forces available for emergency duty. To the
greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or regulations. This section does not restrict the
governor's authority to delegate or assign command authority by
orders issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor may
do the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders,
rules, or regulations of any state agency if strict compliance
with 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 of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or facilitating
emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any private
property if the governor finds this action necessary to cope with
the disaster emergency.
(5) Assist in the evacuation of all or part of the population from
any stricken or threatened area in Indiana if the governor
considers this action necessary for the preservation of life or
other disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinations
in connection with evacuation.
(7) Control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises in the area.
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, explosives, and combustibles.
(9) Make provision for the availability and use of temporary
emergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by an
approved 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 the
governor;
to practice their respective profession in Indiana during the
period of the state of emergency if the state in which a person's
license or registration was issued has a mutual aid compact for
emergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, and
other 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 special
powers of governor; exemption; effect of cessation
Sec. 13. (a) In addition to the governor's existing powers and
duties, the governor has the duties and special energy emergency
powers set forth in this section, subject to the limitations in this
chapter.
(b) The governor may, upon finding that an energy emergency
exists, proclaim a state of energy emergency at which time all the
general and specific emergency powers specified in this section and
section 14 of this chapter become effective.
(c) A proclamation issued under this section and any order or rule
issued as a result of the proclamation continues in effect until sixty
(60) days after the date of the proclamation of the energy emergency
unless the governor rescinds the proclamation and declares the
energy emergency ended before the expiration of the sixty (60) day
period.
(d) The governor may not renew or extend a proclamation more
than once without approval of the general assembly.
(e) The conditions of an energy emergency cease when the
governor declares the end of an energy emergency.
(f) In a declared state of energy emergency, the governor may do
the following:
(1) Implement programs, controls, standards, priorities, and
quotas for the conservation and consumption of energy,
including plans and commission regulations for the curtailment
of energy if the governor imposes controls, quotas, or
curtailments according to the nature of the end use to be made
of the energy consistent with existing transmission and
distribution systems serving the geographic area affected by the
energy 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 water
quality control.
(3) Establish and implement intrastate regional programs and
agreements for the purposes of coordinating the energy program
and actions of the state with the federal government and other
states, localities, and other persons.
(4) Designate the execution and enforcement of emergency
orders 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 regulating
transportation or the orders or rules of any state agency if strict
compliance 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 demonstrably
necessary for the maintenance of essential services or
transportation or for the continued operation of the economy but
not longer than the proclamation's duration;
(2) be applied as uniformly as practicable within each class of
suppliers and consumers and without discrimination within a
class; and
(3) give due consideration to:
(A) the implementation of involuntary measures only after
voluntary measures have been determined to be ineffective;
(B) protection of public health and safety;
(C) maintenance of vital activities, including but not limited
to 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 federal
governments 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 authority
of the emergency powers authorized by this section has any
continuing legal effect after the cessation of a declared state of
energy emergency.
(i) Except as provided in this section, this chapter does not exempt
a 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 the
governor's order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform
the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of
each 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 energy
emergency under section 13 of this chapter, the governor shall
consider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and
shortages;
(3) the availability of short term alternative supplies on a local,
state, regional, and national basis;
(4) the economic effect of the declaration and the
implementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy
emergencies proclaimed under section 13 of this chapter, the
governing body of each city, town, or political subdivision of the
state and each state agency (including the utility regulatory
commission) shall carry out in the body's or agency's jurisdiction
energy supply emergency measures ordered by the governor.
(c) To attain uniformity throughout the country in measures taken
to aid in energy crisis management, all:
(1) action taken under this section and section 13 of this
chapter; and
(2) orders and rules made under this section and section 13 of
this 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 action
taken by the governor under this section or section 13 of this chapter.
(e) During a state of energy emergency proclaimed under section
13 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 outside
Indiana to be taken in the manner prescribed for depositions in
civil actions;
to obtain information relevant to energy resources that are the subject
of the proclaimed emergency.
(f) In obtaining information under subsection (e), the governor
shall:
(1) avoid eliciting information already furnished by a person or
political subdivision in Indiana to a federal, state, or local
regulatory authority that is available for the governor's study;
and
(2) cause reporting procedures, including forms, to conform to
existing requirements of federal, state, and local regulatory
authorities wherever possible.
(g) Information obtained under this section from a person who
designates that information as confidential shall be maintained as
confidential by the governor and by any person who obtains
information that the person knows to be confidential under this
chapter. The governor may not make known in any manner any
particulars of information to persons other than those specified in
subsection (j).
(h) This section does not prohibit the use of confidential
information to prepare statistics or other general data for publication
if the information is presented in a manner that prevents
identification 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 protection
against abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in this
section include any other individual designated in writing by the
governor. A person designated by the governor shall preserve the
confidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section and
section 13 of this chapter are in addition to and not instead of
emergency powers vested in the governor under this chapter or any
other state law.
(l) The governor may authorize the incurring of liabilities and
expenses to be paid as other claims against the state from the general
fund 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 or
disaster expenditures. As added by P.L.2-2003, SEC.5.
IC 10-14-3-15 Governmental functions; liability; emergency management
workers
Sec. 15. (a) Any function under this chapter and any other activity
relating to emergency management is a governmental function. The
state, any political subdivision, any other agencies of the state or
political subdivision of the state, or, except in cases of willful
misconduct, gross negligence, or bad faith, any emergency
management worker complying with or reasonably attempting to
comply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or other
precautionary measures enacted by any political subdivision of the
state, is not liable for the death of or injury to persons or for damage
to property as a result of any such activity. This section does not
affect the right of any person to receive:
(1) benefits to which the person would otherwise be entitled
under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through
IC 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 authorized
emergency management worker who, in the course of performing
duties as an emergency management worker, practices a professional,
mechanical, or other skill during a disaster emergency.
(c) A volunteer working as an authorized emergency management
worker may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).
If compensability of the injury is an issue, the administrative
procedures of IC 22-3-2 through IC 22-3-7 shall be used to determine
the 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 emergency
management may develop or cause to be developed mutual aid
arrangements with other public and private agencies within Indiana
for reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted. An arrangement must
be consistent with the state emergency management program and
state emergency operations plan. During an emergency, a local
organization for emergency management and the agency shall render
assistance in accordance with the provisions of the mutual aid
arrangement.
(b) The director of a local organization for emergency
management and disaster:
(1) may assist in the negotiation of reciprocal mutual aid
agreements between the governor and the adjoining state or the
state's political subdivisions; and
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