Skip to content
The COVID Project
  1. Library
  2. Indiana
  3. IN-089

Ex. IN-089 Order Confirmed from a secondary source

Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description)

Local health orders more stringent than the Governor's executive order require approval of the county or city legislative body; appeal process for local enforcement actions

Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021) · Indiana (State)

The COVID Project

The record

Jurisdiction
Indiana
Level
State
Authority
Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3 (as added by SEA 5-2021)
Issued
2021-05-10 May 10, 2021
Effective
2021-05-10 (effective on passage over the Governor's veto) (read as 2021-05-10)
End
Codified; in force through Q3 2021 and after (read as 2021-09-30)
In force
May 10, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Other
Addressees
  • local health departments and health officers
  • county and city legislative bodies
  • businesses subject to local enforcement actions
Functions reached
  • governs every local order in force from May 10, 2021
Collection
Indiana IN

Operative words

Senate Enrolled Act 5... 'ensures local elected officials have the final say on local health orders issued in response to a declared emergency' and requires 'the local legislative body to approve any health order that is more stringent than a statewide order under an emergency' (Taft bulletin, quoting the Act's sponsors); Governor's veto overridden May 10, 2021 (Senate 36-10; House 59-30) (WRTV; Indiana House Republicans release).

Enforcement

Statutory condition on the effectiveness of local health orders; EOs 21-15 through 21-27 incorporate it

Notes

The codified section's substance was confirmed from FindLaw's current Indiana Code text of § 16-20-1-21.5 and from the Governor's own orders citing the section.

Retrieval note

Cite the codified section (Ind. Code § 16-20-1-21.5) and the Governor's orders that incorporate it rather than the bulletin. The exhibit is the Taft bulletin dated June 30, 2021 (file-name date); the instrument, SEA 5, took effect May 10, 2021 (date_issued).