(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. Except as otherwise provided in this
section, 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.
(b)A state of disaster emergency:
(1)that applies to the entire state may not continue for longer than
sixty (60) days unless:
(A)the general assembly, by concurrent resolution, authorizes
a renewal of the state of disaster emergency; and
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(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. Except as otherwise provided in this
section, 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.
(b) A state of disaster emergency:
(1) that applies to the entire state may not continue for longer than
sixty (60) days unless:
(A) the general assembly, by concurrent resolution, authorizes
a renewal of the state of disaster emergency; and
(B) the state of disaster emergency is renewed by the governor;
or
(2) that applies to one (1) or more specified counties, but that
does not apply to the entire state, may not continue for longer than
thirty (30) days unless the governor renews the state of disaster
emergency.
Whenever the general assembly authorizes a renewal of a statewide
disaster emergency under subdivision (1), the governor may renew the
state of disaster emergency for not more than sixty (60) days.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) In addition to the governor's other powers, and subject to
sections 12.5 and 12.7 of this chapter, 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.
(h) If a state of disaster emergency that applies to the entire state has
ended, the governor may not call a new state of disaster emergency that
applies to the entire state unless the new disaster is wholly unrelated to
the earlier disaster. For purposes of this subsection, a new disaster is
"wholly unrelated" to an earlier disaster if:
(1) the new disaster did not result, directly or indirectly, from the
earlier disaster; or
(2) the earlier disaster did not cause, directly or indirectly, the
new disaster.
[Pre-2003 Recodification Citation: 10-4-1-7.]