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Introduced House Bill (H)

DIGEST

State disaster emergency declarations. Provides that during a disaster or emergency beyond local control, any order, rule, or regulation made, amended, or rescinded by the governor limiting the operation of a business or industry shall comply with the following: (1) The limit of the sale of items, the hours of operation, or the manner of operation of a business or industry shall be applied equally to any business or industry. (2) If a limit allows a business or industry the sale of specified items or categories of items, then any business or industry may sell those specified items or categories State disaster emergency declarations. Provides that during a disaster or emergency beyond local control, any order, rule, or regulation made, amended, or rescinded by the governor limiting the operation of a business or industry shall comply with the following: (1) The limit of the sale of items, the hours of operation, or the manner of operation of a business or industry shall be applied equally to any business or industry. (2) If a limit allows a business or industry the sale of specified items or categories of items, then any business or industry may sell those specified items or categories of items. (3) If a limit allows a business or industry the sale of specified items or categories of items, and as a result, the business or industry is allowed to sell other items not mentioned in the governor's order, rule, or regulation, then any business or industry may sell those other items or continue to sell those other items. (4) The operation of a business or industry may be limited if the limitation is based on a percentage of occupancy of the business or industry determined by the governor that is in compliance with the occupancy classifications described in the Indiana building code adopted by the fire prevention and building safety commission; however, any limitation shall be applied equally to a business or industry having the same building code occupancy classification. Provides that any state or local agency, including the state department of health or local boards of health, shall not impose any restriction greater than what the governor issues by executive order, unless the governor's executive order specifically allows a state or local agency the ability to impose greater restrictions. Provides that if a state disaster emergency and a local emergency is simultaneously declared, a political subdivision may not impose any restriction greater than what the governor issues by executive order, unless the governor's executive order specifically allows the political subdivision the ability to impose greater restrictions. Limits the authority of the local health board and local health officers under certain circumstances. ... View more