Indiana Code 16-20-1-21.5. Local orders less stringent; approval of local order if more stringent or addressing declared emergency
(b) As used in this section, “executive order” refers to an executive order issued by the governor under IC 10-14-3.
Terms Used In Indiana Code 16-20-1-21.5
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(1) Except as provided in subdivision (2), the board of county commissioners for a county operating a county health department under IC 16-20-2 or participating in a multiple county health department under IC 16-20-3.
(2) The county council for a county that is subject to IC 36-2-3.5.
(3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4.
(d) As used in this section, “local order” refers to the health laws, ordinances, orders, rules, and regulations of a board of health under this chapter.
(e) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order.
(f) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows:
(1) If the local order is issued by the health department of a county, the local order must be approved by the county legislative body.
(2) If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order.
(3) If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:
(A) approved by the mayor; or
(B) passed over the mayor’s veto by a two-thirds (2/3) vote.
(g) A legislative body may approve a local order under subsection (f) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d).
As added by P.L.219-2021, SEC.4.