Sec. 31.3. (a) This section applies only if the governor has declared an emergency under IC 10-14-3.

     (b) As used in this section, “executive order” refers to an executive order issued by the governor under IC 10-14-3.

Terms Used In Indiana Code 16-22-8-31.3

  • 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.
     (c) As used in this section, “local order” refers to the health laws, ordinances, orders, rules, and regulations issued under this chapter.

     (d) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order.

     (e) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the order is approved by an ordinance adopted by the Marion County city-county council that is:

(1) approved by the mayor of the consolidated city; or

(2) passed over the mayor’s veto by a two-thirds (2/3) vote.

     (f) The Marion County city-county council may approve a local order under subsection (e) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d).

As added by P.L.219-2021, SEC.13.