Indiana Emergency Management and Homeland Security Statutory Authorities Summarized

Indiana Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21781
March 26, 2004
CRS Report for Congress
Received through the CRS Web
Indiana Emergency Management and
Homeland Security Statutory Authorities
Summarized
Keith Bea
Specialist in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
Three Indiana statutes address aspects of terrorism and emergency management:
the Emergency Management and Disaster Law; a second concerning the State
Emergency Management Agency, and a third pertaining to the Emergency Management,
Fire and Building Services, and Public Safety Training Foundation. Financial aid is
provided through state disaster funds, federal grants or loans, and state emergency
management funds. The governor may declare a disaster and delegate command
authority. Statutes authorize the establishment of mutual aid agreements and the
Emergency Management Assistance Compact.
This report is one of a series that profiles the emergency management and
homeland security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Congressional Research Service ˜ The Library of Congress

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Entities with Key Responsibilities
Governor: The governor is authorized to provide general direction and control of the
state Emergency Management Agency (EMA) and is responsible for carrying out
provisions of emergency management and disaster law. The governor may assume direct
authority over all or any part of an emergency management function if it is beyond local
control. The governor is specifically authorized to: make, amend, rescind regulations;
cooperate with the President, FEMA, and other states; mobilize emergency management
forces; provide warnings and drills; shut down utilities; hold public meetings; evacuate
the civilian population, and make use of state and political subdivisions’ agencies as
needed (Ind. Code §10-14-3-11). Upon declaring a “disaster emergency” the governor
serves as commander-in-chief of the militia and is authorized to: suspend statutes; use
state resources; transfer staff; commandeer private property (with compensation); control
ingress and egress; limit sale of goods; provide temporary housing; and allocate drugs and
food (Ind. Code §10-14-3-12). The governor is authorized to formulate and execute plans
and regulations for the control of traffic, and to coordinate the activities of state agencies
and political subdivisions (Ind. Code §10-14-3-20).
Counterterrorism and Security Council: The lieutenant governor serves as chair of
the council; membership includes agency heads, legislative leaders, the chief justice of
the state, and local law enforcement officials. U.S. Department of Justice representatives
may serve as nonvoting members. The council must: develop a strategy to prevent and
respond to terrorism and a counterterrorism plan; review and update the plan; develop
counterterrorism law enforcement curriculum; identify affiliated councils in each county;
and report findings and recommendations to the governor periodically (Ind. Code §4-3-
20-1 et seq.).
Emergency Management Agency: The agency coordinates emergency plans and all
state efforts for preparedness, mitigation and recovery from emergencies and disasters
(Ind. Code §10-14-2-4). The agency shall: prepare and maintain a state emergency
operations plan, with key provisions for the plan specified; develop and revise local
disaster plans; stockpile supplies; prepare executive orders and establish communications
system for emergencies; establish training and public information programs; and survey
public and private entities for resources, facilities and services (Ind. Code §10-14-3-9).
Emergency Medical Services Commission: The commission develops training and
certification standards for the administration of antidotes, vaccines and antibiotics to
prepare for and respond to a terrorist or military attack (Ind. Code §16-31-2-9(3)).
Department of Health: The department must adopt procedures to gather, monitor and
tabulate case reports of incidents involving dangerous communicable diseases or
unnatural outbreaks of diseases that are known or suspected of being used as weapons.
The department notifies EMA and state police and local agencies as soon as a report is
received. The department tabulates all reports of communicable diseases, devises
methods to restrict and control diseases, and includes information in an annual report.
The department must develop the capability to analyze and identify unknown bacterial
substances that have been or may be used as a weapon (Ind. Code §§16-41-3-1, 2).
County Emergency Management Advisory Council: Each county must maintain an
advisory council and emergency management organization, or participate in an
interjurisdictional disaster agency. The organization: must maintain a local plan that

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identifies local agency responsibilities; may establish command posts during an
emergency; make staff, equipment property available for emergency management; and
may waive contractual and hiring requirements during a national security emergency.
County councils supervise and control emergency management and disaster programs and
select directors responsible for emergency management programs. The governor may
allow two or more contiguous political subdivisions to join together (Ind. Code §10-14-3-
17).
Indiana Emergency Management, Fire and Building Services and Public Safety
Training Foundation: Membership of the foundation represents state agency heads,
statewide representatives, and legislative appointees. The foundation may acquire and
donate property to state and local agencies and assist the EMA, the Department of Fire
and Building Services, and the Public Safety Institute (see Ind. Code §5-2-10.5) with
projects (Ind. Code §§10-15-2-1 et seq., 10-15-3-11).
State Hazard Mitigation Council: The council was established to: develop, maintain
and implement a state hazard mitigation plan; assist in the development of informational
materials to support hazard mitigation efforts by state, local and private entities; identify
hazard mitigation projects for federal funding; and promote hazard mitigation practices
in the state (Ind. Executive Order 02-16, Ind. Register Vol. 25, 12, 9/01/02, re-
promulgated as Executive Order 03-34).
Emergency Response Commission and local emergency planning committees: The
commission and the committees support the development of emergency planning efforts
to provide state government entities, local governments, and the public with information
concerning potential chemical hazards. They design and supervise the operation of
emergency planning districts in Indiana, prepare or review and update local emergency
plans annually, and gather and distribute information needed for effective emergency
response planning (Ind. Code §13-25-1-6,§ 13-25-2-5).
Preparedness
See “Entities with Key Responsibilities”— Emergency Management Agency
The statute authorizes the creation of mobile support units to support emergency
management and disaster organizations in stricken areas (Ind. Code §10-14-3-19).
Declaration Procedures
The governor is authorized to declare a disaster emergency by executive order or
proclamation for a maximum period of 30 days, with renewals authorized if a disaster has
occurred, or the threat of a disaster is imminent. The state of disaster emergency
continues until the governor finds that the danger has passed or that the conditions no
longer exist, and may terminate the emergency by executive order or proclamation. The
legislature may terminate a declaration at any time. The executive order declaring a
disaster emergency activates the disaster response and recovery aspects of emergency
plans (Ind. Code §10-14-3-12).
A local disaster emergency may be declared by the principal executive officer of a
political subdivision for a maximum period of seven days; the declaration may be

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renewed with the consent of governing board and activates response and recovery parts
of the plan. Officials of an interjurisdictional emergency management agency may not
declare an emergency (Ind. Code §10-14-3-29).
Types of Assistance
Governor may contribute 25% of the cost of emergency management staff and
administrative expenses to political subdivisions (Ind. Code §10-14-3-32).
Within 30 days after the governor declares a disaster, the Board of Public Depository
must meet to determine whether low cost loans are needed by disaster victims. If loans
are needed, interest rates and terms are established. The state treasurer deposits in any
bank in the general area of the disaster an amount of interest-free money equal to the loan
amount granted by the bank (Ind. Code §28-2-5).
Within appropriation limits, the governor may contribute not more than 25% of costs
and administrative expenses to a political subdivision (Ind. Code §10-14-3-32).
Mutual Aid
EMA must develop a statewide mutual aid program and agreement (Ind. Code §10-
14-3-9(g)).
The director of each local emergency management organization may develop mutual
aid arrangements with other public and private agencies within state. In emergencies, it
is the duty of each local emergency management organization to render assistance. The
EMA director may assist the governor in negotiating mutual aid agreements with adjacent
states or political subdivisions (Ind. Code §10-14-3-16).
The Interstate Emergency Management and Disaster Compact is codified (Ind. Code
§10-14-6-1).
The Emergency Management Assistance Compact is codified (Ind. Code §10-14-5).
Funding
The statute expresses the legislative intent to provide funds to meet disaster
emergencies. First recourse must be to regular appropriations, then emergency or
contingency funds are used as provided by statute (see Ind. Code §4-12-1-15) (Ind. Code
§10-14-3-32).
The state disaster relief fund is intended to help eligible entities pay the costs of
damage to public facilities. Funds are appropriated by the General Assembly and
administered by EMA. The statute sets out conditions for grants, qualifications, and
application requirements (Ind. Code §10-14-4 to 10).
Offers of gifts, grants or loans, places of shelter (including services, equipment,
supplies and materials) from the federal government, a person, or a corporation may be
accepted on behalf of any political subdivision (Ind. Code §10-14-3-25).

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The statute established the emergency management contingency fund with
appropriations. Funds are held in reserve and are allocated on the recommendation of the
director, with the approval of the governor and the “budget committee” (Ind. Code §10-
14-3-28).
The statute established the emergency management fund and the emergency medical
services fund to pay for certain agency projects. Fees are obtained from the sale of “safety
first” license plates (Ind. Code §9-18-45) and are divided among funds specified in the
statute (Ind. Code §10-15-3 et seq.).
Each political subdivision may appropriate and expend funds to purchase equipment
and supplies for emergency management purposes, including emergency assistance to
victims of enemy attack (Ind. Code §10-14-3-17(j)).
The emergency planning and right to know fund is administered by the Department
of Revenue. Funds are distributed to local emergency planning committees for preparing
and updating emergency response plan, training, equipment, communications equipment
and improving state and local communications in support of emergency planning (Ind.
Code §6-6-10-7, 8).
The statute established a nuclear response fund to train and equip local responders
to respond to terrorism acts (Ind. Code §10-14-8-6).
Hazard Mitigation
See “Entities with Key Responsibilities”—Department of Health, Emergency
Management Agency
The governor shall direct studies by key state agencies on methods to prevent or
reduce harmful consequences of disasters. The governor may make related
recommendations to the legislature, local governments and other public and private
entities (Ind. Code §10-14-3-30).
Continuity of Government Operations
When an emergency results from an enemy attack or threatened attack and the state
cannot conduct government business in Indianapolis, the governor must declare an
emergency temporary location(s) for the seat of government within or without state and
issue orders for a transition to said location(s). Such location(s) remain the seat of
government until the General Assembly establishes new location(s) by law, or the
emergency is declared over. When local governments must relocate operations because
of enemy attack, the governing body may meet at any location within or without its
territorial limits, on the call of the presiding officer or two members of the governing
body, which establishes alternate location(s) by ordinance (Ind. Code §4-1-3-1 et seq.).
A proposed constitutional amendment, which is subject to voter approval, provides
that an individual holding one of the specified offices shall serve as governor if the
governor and the lieutenant governor’s offices are vacant. The authority to discharge the
governor’s powers and duties ends when the General Assembly fills the office of
governor. Also, if either house of the General Assembly is unable to assemble a quorum

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of its members due to vacancies, the legislature shall convene no later that 48 hours after
a sufficient number of vacancies are filled to provide a quorum (Ind. P.L. 280, Jt. Res.
008, 2003).
Other
The statute provides for liability immunity and workers compensation benefits for
emergency management workers (Ind. Code §10-14-3-15).
Employees of political subdivisions and employees rendering emergency aid have
the same powers, duties, rights, privileges and immunities as under normal employment
(Ind. Code §10-14-3-18).
During a bioterrorism event, no person shall be compelled to submit to physical
examination, medical treatment or immunization if he or she objects based on religious
belief (Ind. Code §10-14-3-23).
A person offering real estate without compensation as shelter is not liable for injury
or death to a person or loss or damage to the property (Ind. Code §10-14-3-25).
No political activity may be undertaken by the EMA (Ind. Code §10-14-3-26). No
person shall be employed in emergency management who advocates a change by force or
violence of the U.S. constitutional government, or who has been convicted of a subversive
act (Ind. Code § 10-14-3-27).
Persons shall manage their personal property to assist in meeting disaster
emergencies. Compensation may be provided for taking or using property (Ind. Code
§10-14-3-31)
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Indiana Statutes, with Citations
Terms
Citations
Disaster
Ind. Code §10-4-1-3(3)
Eligible entity
Ind. Code §10-4-1-29(a)
Emergency management
Ind. Code §10-4-1-3(1)
Terrorism
Ind. Code §35-41-1-26.5
Weapon of mass destruction
Ind. Code §35-41-1-29
For Further Research
The citations noted above and other elements of the state code for Indiana may be
searched at: [http://www.in.gov/legislative/ic_iac/].