Title 10, TITLE 10. PUBLIC SAFETY

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) Eart…

[Pre-2003 Recodification Citation: 10-4-1-5.5.] As added by P.L.2-2003, SEC.5. Repealed by P.L.205-2003, SEC.44.

As added by P.L.205-2003, SEC.6. Amended by P.L.1-2010, SEC.54; P.L.19-2010, SEC.1; P.L.29-2011, SEC.1; P.L.78-2013, SEC.2. Repealed by P.L.85-2015, SEC.3.

As added by P.L.205-2003, SEC.7. Amended by P.L.19-2010, SEC.2; P.L.78-2013, SEC.3. Repealed by P.L.85-2015, SEC.4.

Sec. 10.8. (a) The following definitions apply to this section: (1) "Chief executive" means: (A) the chief executive of a participant, or the chief executive's designee, for purposes of the intrastate mutual aid compact created under this section; or (B) if the participant does n…

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 managem…

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…

are more restrictive than those imposed on other essential service providers Sec. 12.5. (a) The following definitions apply throughout this section: (1) "Disaster emergency" means: (A) a state or local disaster emergency declared under IC 10-14-3; and (B) an epidemic described in…

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, u…

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 availabil…

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 mis…

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…

emergency management organizations; power of political subdivisions; public work Sec. 17. (a) A political subdivision is: (1) within the jurisdiction of; and (2) served by; a department of emergency management or by an interjurisdictional agency responsible for disaster preparedn…

damage, or expense Sec. 18. (a) If the employees of a political subdivision render aid outside the political subdivision under section 17 of this chapter, the employees have the same: (1) powers; (2) duties; (3) rights; (4) privileges; and (5) immunities; as if they were performi…

Sec. 19. (a) The governor, or the executive director at the request of the governor, may establish the number of mobile support units necessary to respond to a disaster, public health emergency, public safety emergency, or other event that requires emergency action. A mobile supp…

Sec. 19.5. (a) The following definitions apply to this section: (1) "Activates" or "activated" refers to the status of a task force or a task force resource placed at the direction, control, and funding of the agency in accordance with an agreement entered into in accordance with…

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 damag…

Sec. 2.5. As used in this chapter, "Emergency Management Assistance Compact" refers to IC 10-14-5. As added by P.L.172-2014, SEC.4.

Sec. 20. The governor may: (1) formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of: (A) people; (B) troops; or (C) vehicles and materials; for national defense…

personnel Sec. 21. (a) If the governor considers it to be in the public interest, on terms and conditions as the governor considers necessary to promote the public welfare and protect the interests of the state, the governor may: (1) authorize a department or an agency of the sta…

Sec. 22. (a) The political subdivisions and agencies designated or appointed by the governor may make, amend, and rescind orders, rules, and regulations as necessary for emergency management purposes and to supplement the carrying out of this chapter that are not inconsistent wit…

technical personnel as first response broadcasters Sec. 22.5. (a) Broadcasters in Indiana, in cooperation with the agency, the Indiana Public Broadcasting Stations, Inc., and the Indiana Broadcasters Association or a successor association, shall develop comprehensive and coordina…

engineers and technical personnel as first response communications service providers Sec. 22.6. (a) Communications service providers in Indiana, in cooperation with the agency, the Indiana Cable Telecommunications Association, and the Indiana Telecommunications Association or a s…

Sec. 23. This chapter may not be construed to compel a person, either on behalf of: (1) the person; (2) the person's child less than eighteen (18) years of age; or (3) a protected person for whom the person acts as a guardian; to submit to any physical examination, medical treatm…

Sec. 24. The law enforcement authorities of the state and of the political subdivisions shall enforce the: (1) orders; (2) rules; and (3) regulations; issued under this chapter. [Pre-2003 Recodification Citation: 10-4-1-17.] As added by P.L.2-2003, SEC.5.

damages Sec. 25. (a) Except as provided in IC 4-12-18, if the federal government or an agency or officer of the federal government offers the state or through the state a political subdivision, services, equipment, supplies, materials, or funds under a gift, grant, or loan for pu…

Sec. 26. (a) An organization for emergency management established under this chapter may not: (1) participate in any form of political activity; or (2) be employed directly or indirectly for political purposes. (b) Political qualifications may not be: (1) a consideration for appo…

Sec. 27. (a) A person who: (1) advocates a change by force or violence in the constitutional form of the government of the United States or the overthrow of any government in the United States by force or violence; or (2) has been convicted of or is under indictment or informatio…

Sec. 28. (a) The general assembly may appropriate the sums necessary to administer this chapter. (b) The emergency management contingency fund is established. The fund consists of money appropriated by the general assembly. Money in the fund must be held in reserve and allocated …

Sec. 29. (a) A local disaster emergency: (1) may be declared only by the principal executive officer of a political subdivision; and (2) may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision.…

Sec. 29.5. (a) If the principal executive officer of a political subdivision issues a local travel advisory as part of an emergency declaration under section 29 of this chapter, the principal executive officer shall designate the travel advisory as falling into one (1) of the fol…

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) a…

property Sec. 31. (a) A person in Indiana shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to successfully meet disaster emergenc…

subdivisions Sec. 32. (a) The general assembly intends and declares to be the policy of the state that funds to meet disaster emergencies always be available. (b) The general assembly intends that the first recourse shall be to funds regularly appropriated to state and local agen…

by Air Force Sec. 33. The department may reimburse the civil air patrol for fuel, lubricants, and maintenance for any missions not authorized by the United States Air Force using the same formula for reimbursement used by the: (1) United States Department of Defense; and (2) Amer…

Sec. 33.5. (a) Except as provided in subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during: (1) a disaster emergency; (2…

Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter or an order authorized by this chapter commits a Class B infraction. [Pre-2003 Recodification Citation: 10-4-1-21.] As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.13; P.L.64-2021, SEC…

Sec. 4. As used in this chapter, "energy" means coal, petroleum or other liquid fuels, natural or synfuel gas, or electricity. [Pre-2003 Recodification Citation: 10-4-1-3(4).] As added by P.L.2-2003, SEC.5.

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…

Sec. 5.5. As used in this chapter, "local travel advisory" means the level of emergency declared under section 29 of this chapter by the principal executive officer of a political subdivision to alert the traveling public of emergency conditions that may require the imposition of…

Sec. 6. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13. [Pre-2003 Recodification Citation: 10-4-1-3(2).] As added by P.L.2-2003, SEC.5.

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 prev…

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 …

disaster plans 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) Emergenc…

Sec. 1. (a) The state armory board is established to provide, manage, and care for armories for the use of the military and naval forces of Indiana. (b) The board consists of the following members: (1) The following ex officio members: (A) The governor. (B) The adjutant general. …

Sec. 10. All expenses incurred in the operation of state armories shall be paid out of: (1) the rentals; (2) the income; (3) the earnings; (4) any other receipts; and (5) any other appropriation provided by law; to pay the expenses incurred in the operation of the armories. [Pre-…

Sec. 11. The state armory board may use its financial resources to make contributions to organizations that promote the public image of the national guard, the United States armed forces, or veterans of the United States armed forces. These contributions may be made for the follo…

Sec. 12. (a) If the state armory board receives from the governor information of the disbandment of the organization of the armed forces of Indiana occupying and using an armory, the state armory board shall take charge of the armory. (b) The state armory board shall sell the arm…

Sec. 13. (a) The state armory board may sell, lease, convey, or otherwise dispose of any real property belonging to the state and being under the charge and in the custody and possession of the state armory board if, in the judgment of the state armory board: (1) the real propert…

Sec. 14. (a) If the state armory board sells any real property, the value of the property shall be determined by three (3) disinterested appraisers appointed by the state armory board with the approval of the governor. (b) Real property may not be sold for less than the appraised…