IC 10-4

ARTICLE 4. CIVIL DEFENSE

IC 10-4-1
Chapter 1. Civil Defense and Disaster Law of 1975

IC 10-4-1-1
Sec. 1. This chapter shall be known and referred to as the "Emergency Management and Disaster Law".
(Formerly: Acts 1951, c.268, s.1; Acts 1975, P.L.110, SEC.1.) As amended by P.L.21-1991, SEC.5.

IC 10-4-1-2
Sec. 2. (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from manmade or natural causes, and in order to ensure that preparations of this state will be adequate to deal with such disasters or emergencies, when unpreventable, to prevent or mitigate these disasters where possible, generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(1) to provide for emergency management under a state emergency management agency;
(2) to create local emergency management departments and to authorize and direct disaster and emergency management functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government with respect to the carrying out of emergency, disaster, or emergency management functions; and
(5) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this chapter.
(b) It is further declared to be the purpose of this chapter and the policy of the state:
(1) to coordinate all emergency management functions of this state to the maximum extent with the comparable functions of the federal government, including its various departments and agencies, of other states and localities, and of private agencies of every type to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur;
(2) to prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;
(3) to provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;


(4) to clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to, and recovery from disasters;
(5) to authorize and provide for cooperation between departments of government in disaster prevention, preparedness, response, and recovery;
(6) to authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; and
(7) to provide a disaster management system embodying all aspects of pre-disaster preparedness, disaster operations, and post-disaster response.
(Formerly: Acts 1951, c.268, s.2; Acts 1975, P.L.110, SEC.2.) As amended by P.L.93-1990, SEC.3; P.L.21-1991, SEC.6.

IC 10-4-1-2.5
Sec. 2.5. (a) Nothing in this chapter may be construed to:
(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 to public health or safety;
(2) interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;
(3) effect the jurisdiction or responsibilities of police forces, fire-fighting forces, units of the armed forces of the United States, or of any of its personnel, when on active duty; but state, local and interjurisdictional disaster emergency plans are to rely on the forces available for performance of functions related to disaster emergencies; or
(4) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in him under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provisions of this chapter.
(b) Nothing in this chapter may limit or in any way affect the responsibilities of the American National Red Cross under 36 U.S.C.A. 1-9(1905) and 42 U.S.C.A. 1855c (1950).
(Formerly: Acts 1975, P.L.110, SEC.3.)

IC 10-4-1-3

YAMD.1991
Sec. 3. As used in this chapter:
(1) "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 damage resulting from disasters. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and coordination of the foregoing functions.
(2) "Political subdivision" has the meaning set forth in IC 36-1-2-13.
(3) "Disaster" means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill, other water contamination requiring emergency action to avert danger or damage, air contamination, drought, explosion, riot, or hostile military or paramilitary action.
(4) "Energy" means coal, petroleum or other liquid fuels, natural or synfuel gas, or electricity.
(5) "Energy emergency" means an existing or projected shortfall of at least eight percent (8%) of motor fuel or of other energy sources which threatens to seriously disrupt or diminish energy supplies to the extent that life, health, or property may be jeopardized.
(Formerly: Acts 1951, c.268, s.3; Acts 1975, P.L.110, SEC.4.) As amended by Acts 1981, P.L.130, SEC.1; P.L.11-1987, SEC.21; P.L.21-1991, SEC.7.

IC 10-4-1-3.3
Sec. 3.3. As used in this chapter, "department" refers to the state emergency management agency established under IC 10-8-2-1.
As added by P.L.93-1990, SEC.4.

IC 10-4-1-3.5
Sec. 3.5. As used in this chapter, "director" refers to the director of the department appointed under IC 10-8-2-2.
As added by P.L.93-1990, SEC.5.

IC 10-4-1-4
(Repealed by P.L.93-1990, SEC.20.)

IC 10-4-1-5
Sec. 5. (a) The department shall prepare and maintain a state emergency operations plan and keep it current, which plan may include:
(1) prevention and minimization of injury and damage caused by disaster;
(2) prompt and effective response to disaster;


(3) emergency relief;
(4) identification of areas particularly vulnerable to disaster;
(5) recommendations for:
(A) zoning;
(B) building;
(C) other land use controls;
(D) safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to eliminate or reduce disaster or its impact;
shall be disseminated to both the fire prevention and building safety commission and local authorities;
(6) assistance to local officials in designing local emergency action plans;
(7) authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster;
(8) preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;
(9) organization of manpower and chains of command;
(10) coordination of federal, state, and local disaster activities;
(11) coordination of the state disaster plan with the disaster plans of the federal government; and
(12) other necessary matters.
(b) The department shall take an integral part in the development and revision of local and interjurisdictional disaster plans prepared under section 10 of this chapter. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their disaster agencies, and interjurisdictional planning and disaster agencies. These personnel shall consult with subdivisions and agencies on a regularly scheduled basis, shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply, and may suggest revisions.
(c) In preparing and revising the state disaster plan, the department shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the department shall encourage them to seek advice from these sources.
(d) The state disaster plan or any part of the plan may be incorporated in rules of the department or executive orders.
(e) The department shall:
(1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of an emergency;
(2) procure and pre-position supplies, medicines, materials, and equipment;
(3) promulgate standards and requirements for local and

interjurisdictional disaster plans;
(4) provide for mobile support units;
(5) assist political subdivisions, their disaster agencies, and interjurisdictional disaster agencies to establish and operate training programs and programs of public information;
(6) make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter;
(7) plan and make arrangements for the availability and use of any private facilities, services, and property, and if necessary and if in fact they are used provide for payment for use under terms and conditions agreed upon;
(8) establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery;
(9) establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency;
(10) prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disaster;
(11) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and
(12) do other things necessary, incidental, or appropriate for the implementation of this chapter.
(f) The department shall ascertain what means exist for rapid and efficient communications in times of disaster emergencies. The department shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive intrastate or state-federal telecommunications or other communications system or network. In studying the character and feasibility of any system or its several parts, the department shall evaluate the possibility of multipurpose use thereof for general state and local governmental purposes. The department shall make recommendations to the governor as appropriate.
(Formerly: Acts 1951, c.268, s.5; Acts 1975, P.L.110, SEC.6.) As amended by P.L.8-1984, SEC.14; P.L.93-1990, SEC.6.

IC 10-4-1-6
Sec. 6. (a) The governor shall have general direction and control of the department and shall be responsible for the carrying out of the provisions of this chapter, and in the event of disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.
(b) In performing his duties under this chapter, the governor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter with due consideration of the plans of the federal government.
(2) Cooperate with the President and the heads of the armed

forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to emergency management and disaster preparedness, response and recovery of the state and nation, and the incidents thereof. In connection therewith, the governor may take any measures which the governor may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies for any action looking to emergency management, including the direction or control of disaster preparations such as the following:
(A) Mobilization of emergency management forces and other tests and exercises.
(B) Providing warnings and signals for drills, actual emergencies, or disasters.
(C) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.
(D) Conducting civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills, actual emergencies, or other disasters.
(E) Holding public meetings or gatherings.
(F) Evacuation and reception of the civilian population.
(3) Take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this chapter and with the orders, rules, and regulations made pursuant thereto.
(4) Employ such measures and give such directions to the state department of health or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this chapter or with the findings or recommendations of such department or boards of health by reason of conditions arising from actual or threatened:
(A) national security emergencies; or
(B) man-made or natural disasters or emergencies.
(5) Utilize the services and facilities of existing officers and agencies of the state and of political subdivisions. All officers and agencies of the state and of political subdivisions shall cooperate with and extend their services and facilities to the governor as the governor may request.
(6) Establish agencies and offices and appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this chapter, including full-time state and area directors.
(Formerly: Acts 1951, c.268, s.6; Acts 1975, P.L.110, SEC.7.) As amended by P.L.21-1991, SEC.8; P.L.2-1992, SEC.98.

IC 10-4-1-7
Sec. 7. (a) A disaster emergency shall be declared by executive order or proclamation of the governor if the governor finds a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency is to continue until the

governor:
(1) finds 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;
but no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the governor. The legislature by concurrent resolution may terminate a state of disaster emergency at any time, and if the legislature takes this action, the governor shall issue an executive order or proclamation ending the state of disaster emergency. 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 which 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 its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, 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.
(b) 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 any other law relating to disaster emergencies.
(c) 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, but nothing in this section restricts the governor's authority to delegate or assign command authority by orders issued at the time of the disaster emergency.
(d) The governor may exercise for such period as the state of emergency exists the following emergency powers, in addition to the governor's other powers. The governor may do the following:
(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) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to

cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state departments and agencies or units of any for performing or facilitating emergency services.
(4) Subject to any applicable requirements for compensation under IC 10-4-1-25, commandeer or utilize 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 the state 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, firearms, explosives, and combustibles.
(9) Make provision for the availability and use of temporary emergency housing.
(10) Permit those persons who hold a license to practice medicine, dentistry, pharmacy, nursing, engineering, and similar other professions as may be specified by the governor to practice their respective professions within Indiana during the period of the state of emergency, so long as the state in which the license of such persons was issued has a mutual aid compact for emergency management with this state.
(11) Give specific authority to allocate drugs, foodstuffs, and other essential materials and services.
(Formerly: Acts 1951, c.268, s.7; Acts 1975, P.L.110, SEC.8.) As amended by P.L.21-1991, SEC.9.

IC 10-4-1-7.1
Sec. 7.1. (a) In addition to existing powers and duties, the governor has the following duties and special energy emergency powers, subject to the definitions and limitations in this chapter:
(1) The governor may, upon finding that an energy emergency exists, proclaim a state of energy emergency at which time all of the general and specific emergency powers further enumerated in this section and section 7.2 of this chapter become effective.
(2) A proclamation issued under this section, and any order or rule issued as a result thereof, continues in effect until sixty (60) days from the date of the proclamation of the energy emergency unless the governor rescinds it and declares the energy emergency ended prior to the expiration of this sixty (60) day period.
(3) The governor may not renew or extend a proclamation more than once without approval of both houses of the legislature.
(4) The conditions of an energy emergency cease to exist upon a declaration to that effect by the governor.
(5) In a declared state of energy emergency, the governor may:


(A) implement such programs, controls, standards, priorities, and quotas for the conservation and consumption of energy, including plans and commission regulations for the curtailment of energy; provided that in so doing, the governor imposes controls, quotas, or curtailments according to the nature of the end use to be made of the energy consistent with existing transmission and distribution systems serving the geographic area affected by the energy emergency;
(B) suspend and modify existing state pollution control standards and requirements affecting or affected by the use of energy, including those relating to air or water quality control;
(C) establish and implement intrastate regional programs and agreements for the purposes of coordinating the energy program and actions of the state with those of the federal government and of other states, localities, and other persons;
(D) designate the execution and enforcement of emergency orders to a state agency which already regulates the energy form, resource, or suppliers which are the subject of the proclaimed emergency; and
(E) suspend the provisions of any state statute regulating transportation or the orders or rules 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 energy emergency.
(6) Any restrictions, curtailments, or adjustments pursuant to subdivision (5) of this subsection shall:
(A) be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy but no longer than the duration of the proclamation;
(B) be applied as uniformly as practicable within each class of suppliers and consumers and without discrimination within a class; and
(C) give due consideration to:
(i) the implementation of involuntary measures only after voluntary measures have been determined to be ineffective;
(ii) protection of public health and safety;
(iii) maintenance of vital activities, including but not limited to food, shelter, fuel, and medical care;
(iv) minimization of economic impact on commercial, retail, professional, agricultural, and service establishments;
(v) cooperation with other states, local and federal governments to avoid duplication of efforts; and
(vi) maintenance of public information channels.
(b) Nothing in this section means that any program, control, standard, priority quota, or other policy created under the authority of the emergency powers authorized by this section has any continuing legal effect after the cessation of a declared state of energy emergency.
(c) Except as provided in this section, nothing in this chapter exempts a person from compliance with the provisions of any other law, rule, or directive unless specifically ordered by the governor, or

unless impossibility of compliance is a direct result of an order of the governor.
(d) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to inform the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of each circuit court of this state.
As added by Acts 1981, P.L.130, SEC.2. Amended by P.L.23-1988, SEC.89.

IC 10-4-1-7.2
Sec. 7.2. (a) In determining whether to declare an energy emergency under section 7.1 of this chapter, the governor shall consider:
(1) availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and shortages;
(3) availability of short term alternative supplies on a local, state, regional, and national basis;
(4) the economic effect of such declaration and the implementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy emergencies proclaimed under section 7.1 of this chapter, the governing body of each city, town, or political subdivision of the state, and each state agency including the utility regulatory commission shall carry out in its jurisdiction those energy supply emergency measures as may be ordered by the governor.
(c) In order to attain uniformity throughout the country in measures taken to aid in energy crisis management, all action taken under this section and section 7.1 of this chapter and all orders and rules made pursuant to this section and section 7.1 of this chapter shall be taken or made consistent with the orders, rules, actions, recommendations, and requests of federal authorities.
(d) All persons who are specifically ordered by the governor to comply with an order issued or action taken pursuant to this section or section 7.1 of this chapter shall comply.
(e) During a state of energy emergency proclaimed under section 7.1 of this chapter, the governor may subpoena witnesses, material, and relevant books, papers, accounts, records, and memoranda, administer oaths, and cause the depositions of persons residing within or without the state to be taken in the manner prescribed for depositions in civil actions to obtain information relevant to energy resources that are the subject of the proclaimed emergency.
(f) In obtaining information under subsection (e), the governor shall:
(1) avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state, or local regulatory authority that is available for his study; and
(2) cause reporting procedures, including forms, to conform to existing requirements of federal, state, and local regulatory authorities wherever possible.
(g) Information obtained pursuant to this section from a person who designates that information as confidential shall be maintained as

confidential by the governor and by any person who obtains information which he knows to be confidential under this chapter. The governor shall not make known in any manner any particulars of such information to persons other than those specified in subsection (j).
(h) Nothing in this section prohibits the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons.
(i) Any person who is served with a subpoena to give testimony orally or in writing, or to produce books, papers, correspondence, memoranda, agreements, or other documents or records pursuant to this chapter may apply to any court of this state for protection against abuse or hardship in the manner provided by law.
(j) For the purposes of this section, references to the governor in this section include any other individuals designated in writing by the governor. Any person so designated shall preserve the confidentiality of information in accordance with subsection (g).
(k) The powers vested in the governor under this section and section 7.1 of this chapter are in addition to and not in lieu of emergency powers vested in him under this chapter or any other law of Indiana.
(l) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, when an energy emergency is declared by the governor and justifies the expenditure as set forth in section 22 of this chapter for other emergency or disaster expenditures.
As added by Acts 1981, P.L.130, SEC.3. Amended by P.L.23-1988, SEC.90.

IC 10-4-1-8
Sec. 8. (a) All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision of the state, nor any other agencies of the state or political subdivision of the state, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter or any order or rule adopted under this chapter, or under any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons or for damage to property as a result of any such activity. This section shall not affect the right of any person to receive:
(1) benefits to which the person would otherwise be entitled under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through IC 22-3-6); or
(C) any pension law; or
(2) any benefits or compensation under any federal law.
(b) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency management worker who shall, in the course of performing duties as such, practice such professional, mechanical, or other skill during a

disaster emergency.
(c) As used in this section, "emergency management worker" shall include any full or part-time paid, volunteer, or auxiliary employee of this state, or other states, territories, possessions, or the District of Columbia, or the federal government, or any neighboring country, or of any political subdivision of those entities, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision of the state.
(d) A volunteer working as an authorized emergency management worker may be covered by the medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7). If compensability of the injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be used to determine the issue.
(Formerly: Acts 1951, c.268, s.7a; Acts 1953, c.259, s.1; Acts 1975, P.L.110, SEC.9.) As amended by Acts 1977, P.L.2, SEC.46; P.L.28-1988, SEC.4; P.L.21-1991, SEC.10; P.L.72-1992, SEC.1.

IC 10-4-1-9
Sec. 9. (a) The director of each local organization for emergency management may develop or cause to be developed mutual aid arrangements with other public and private agencies within this state for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management program and state emergency operations plan. In time of emergency it shall be the duty of each local organization for emergency management and the department to render assistance in accordance with the provisions of such mutual aid arrangements.
(b) The director of each local organization for emergency management and disaster may assist in negotiation of reciprocal mutual aid agreements between the governor and the adjoining state or its political subdivisions and shall carry out arrangements or any such agreement relating to the local and political subdivision.
(c) This subsection applies when the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services. The governor may, with the concurrence of the affected counties, delineate by executive order or regulation an interjurisdictional area adequate to plan for, prevent, or respond to disaster in that area, and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency operations plan, mutual aid, or an area organization for emergency management planning and services. A finding of the governor under this subsection must be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system on an unijurisdictional basis, such as the following:
(1) Small or sparse population.


(2) Limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a past history of disaster, topographical features, drainage characteristics, disaster potential, and presence of disaster prone facilities or operations.
(4) The interrelated character of the counties in a multicounty area.
(5) Other relevant conditions or circumstances.
(d) If the governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster, the governor shall take steps to that end as are desirable. If action under this subsection is taken with jurisdictions that have enacted the interstate emergency management and disaster compact, any resulting agreement or agreements may be considered supplemental agreements pursuant to article 6 of that compact.
(e) If the other jurisdiction or jurisdictions with which the governor proposes to cooperate pursuant to subsection (d) have not enacted the interstate emergency management and disaster compact, the governor may negotiate special agreements with the jurisdiction or jurisdictions. Any agreement, if sufficient authority for its making does not otherwise exist, becomes effective only after its text has been communicated to the legislature and so long as no house of the legislature has disapproved the agreement either by the adjournment of the next ensuing session which is competent to consider the agreement or within thirty (30) days of submission of the agreement, whichever is longer.
(Formerly: Acts 1951, c.268, s.8; Acts 1975, P.L.110, SEC.10.) As amended by P.L.21-1991, SEC.11.

IC 10-4-1-10
Sec. 10. (a) Each political subdivision within this state shall be within the jurisdiction of and served by a department of emergency management or by an interjurisdictional agency responsible for disaster preparedness and coordination of response.
(b) Each county shall maintain a county emergency management advisory council and a county emergency management organization or participate in an interjurisdictional disaster agency which, except as otherwise provided under this chapter, may have jurisdiction over and serve the entire county.
(c) In whatever county in this state a county emergency management advisory council does not exist by March 6, 1951, it is directed that a county emergency management advisory council be organized under the temporary chairmanship of the executive of the county seat, with the assistance of all other city and town executives in the county, the president of the county fiscal body, and the president of the county executive.
(d) The county emergency management advisory council shall consist of the following individuals or their designees:


(1) The president of the county executive.
(2) The president of the county fiscal body.
(3) The mayor of each city located in the county.
(4) An individual representing the legislative bodies of all towns located within the county.
(5) Representatives of such private and public agencies or organizations which can be of assistance to emergency management as the organizing group considers appropriate, or as may be added later by the county emergency management advisory council.
(6) One (1) commander of a local civil air patrol unit in the county or the commander's designee.
(e) Upon the organization of the county emergency management advisory council and the selection of a chairman from its membership, the organizing group shall be dissolved.
(f) The county emergency management advisory council shall exercise general supervision and control over the emergency management and disaster program of the county and shall select or cause to be selected, with the approval of the county executive, a county emergency management and disaster director who shall have direct responsibility for the organization, administration, and operation of the emergency management program in the county and shall be responsible to the chairman of the county emergency management advisory council.
(g) Any provision of this chapter or other law to the contrary notwithstanding, the governor may require a political subdivision to establish and maintain a disaster agency jointly with one (1) or more contiguous political subdivisions with the concurrence of the affected political divisions if he finds that the establishment and maintenance of an agency or participation in one is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services under other provisions of this chapter.
(h) Each political subdivision which does not have a disaster agency and has not made arrangements to secure or participate in the services of an agency shall have an emergency management director designated to facilitate the cooperation and protection of that subdivision in the work of disaster prevention, preparedness, response, and recovery.
(i) The county emergency management and disaster director and personnel of the department may be provided with appropriate office space, furniture, vehicles, communications, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other county agencies.
(j) Each local or interjurisdictional agency shall prepare and keep current a local or interjurisdictional disaster emergency plan for its area.
(k) The local or interjurisdictional disaster agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command.
(l) Each political subdivision may:


(1) appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management and disaster purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster resulting from enemy attack; provide for a comprehensive insurance program for its emergency management volunteers; and direct and coordinate the development of an emergency management program and emergency operations plan in accordance with the policies and plans set by the federal civil defense agency and the state emergency management agency;
(2) appoint, employ, remove, or provide, with or without compensation, rescue teams, auxiliary fire and police personnel, and other emergency management and disaster workers;
(3) establish a primary and one (1) or more secondary control centers to serve as command posts during an emergency;
(4) subject to the order of the governor or the chief executive of the political subdivision, assign and make available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency management and disaster purposes and within or outside of the physical limits of the subdivision; and
(5) in the event of a national security emergency or state of emergency as provided in section 7 of this chapter, waive procedures and formalities otherwise required by law pertaining to the performance of public work, the entering into of contracts, the incurring of obligations, the employment of permanent and temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution of supplies, materials, and facilities, and the appropriation and expenditure of public funds.
(Formerly: Acts 1951, c.268, s.9; Acts 1975, P.L.110, SEC.11.) As amended by P.L.146-1983, SEC.3; P.L.8-1989, SEC.59; P.L.21-1991, SEC.12; P.L.1-1992, SEC.69; P.L.13-1993, SEC.6.

IC 10-4-1-11
Sec. 11. (a) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in section 10 of this chapter such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
(b) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless, within sixty (60) days after the same is sustained or incurred, an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of such political subdivision where the equipment was used.


(c) The foregoing rights, privileges, and obligations shall also apply in the event such aid is rendered outside the state, provided that payment or reimbursement in such case shall or may be made by the state or political subdivision receiving such aid pursuant to a reciprocal mutual aid agreement or compact with such state or by the federal government.
(Formerly: Acts 1951, c.268, s.10; Acts 1975, P.L.110, SEC.12.) As amended by P.L.1-1993, SEC.65.

IC 10-4-1-12
Sec. 12. (a) The governor, or the director at the request of the governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce emergency management and disaster organizations in stricken areas and with due consideration of the plans of the federal government and of other states. The director shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration, and operation of such unit. Mobile support units shall be called to duty upon orders of the governor or the director and shall perform their functions in any part of the state or, upon the conditions specified in this section, in other states. Members serving on the mobile support units are immune from discipline or termination by their employers.
(b) Personnel of mobile support units while on duty, whether within or outside the state:
(1) shall, if they are employees of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;
(2) shall, if they are employees of a political subdivision of the state, and whether serving within or outside such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and
(3) may, if they are not employees of the state or a political subdivision thereof, be compensated by the state at a rate approved by the governor and the budget committee, and be entitled to the same rights and immunities as are provided by law for the employees of this state.
All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving, and may be reimbursed for all actual and necessary travel and subsistence expenses.
(c) The state may reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivision while serving as members of a mobile support unit, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such mobile support unit.
(d) Whenever a mobile support unit of another state shall render aid

in this state pursuant to the orders of the governor of its home state and upon the request of the governor of this state, this state shall reimburse such other state for:
(1) the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unit while rendering such aid;
(2) all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid; and
(3) all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid;
so long as the laws of such other state contain provisions substantially similar to this section, or that provisions to the foregoing effect are embodied in a reciprocal mutual aid agreement or compact, or that the federal government has authorized or agreed to make reimbursement for such mutual aid.
(e) No personnel of mobile support units of this state shall be ordered by the governor to operate in any other state unless the laws of such other state contain provisions substantially similar to this section, or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursement, or unless such reimbursement will be made by the federal government by law or agreement.
(f) Any officer or employee of the state is by virtue of his employment subject to assignment to a mobile support unit on a permanent basis in accordance with the state emergency management program and emergency operations plan, or is subject to assignment on a temporary basis to any emergency management activity to meet a particular need in the event of an emergency. Refusal to accept and perform the duties of any such assignment shall be grounds for dismissal from state employment.
(Formerly: Acts 1951, c.268, s.11; Acts 1975, P.L.110, SEC.13.) As amended by P.L.21-1991, SEC.13.

IC 10-4-1-13
Sec. 13. The governor may 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 people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.
(Formerly: Acts 1951, c.268, s.12.)

IC 10-4-1-14
Sec. 14. (a) Whenever the governor considers it to be in the public interest, the governor may:
(1) authorize any department or agency of the state to lease or lend, on such terms and conditions as the governor considers necessary to promote the public welfare and protect the interests

of the state, any real or personal property of the state to the President, the heads of the armed forces, or the emergency management agency of the United States; and
(2) enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state on such terms and conditions as the governor considers necessary to promote the public welfare and protect the interests of the state of any real or personal property of the state or the temporary transfer or employment of personnel of the state to or by any political subdivision of the state.
(b) The president of the county fiscal body and the president of the county executive, if the county does not contain a consolidated city, or the county executive, if the county contains a consolidated city of each county of the state and the executive of each city and town in the state may, in accordance with the emergency management program and emergency operations plan of the county in which the city or town is located:
(1) enter into a contract or lease with the state, or accept any loan, or employ personnel, and a political subdivision may equip, maintain, utilize, and operate any property and employ necessary personnel in accordance with the purposes for which the contract is executed; and
(2) do all things and perform acts which the governor considers necessary to effectuate the purpose of the contract.
(Formerly: Acts 1951, c.268, s.13; Acts 1975, P.L.110, SEC.14.) As amended by P.L.8-1989, SEC.60; P.L.93-1990, SEC.7; P.L.1-1991, SEC.98; P.L.21-1991, SEC.14.

IC 10-4-1-15
Sec. 15. (a) The political subdivisions of the state and other agencies designated or appointed by the governor may make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this chapter, that are not inconsistent with any orders, rules, or regulations promulgated by the governor or by any state agency exercising a power delegated to it by the governor and not inconsistent with the emergency management program and emergency operations plan of the county in which the political subdivision is located.
(b) All orders, rules, and regulations adopted or promulgated by the governor, or by any political subdivision or other agency authorized by this chapter to make orders, rules, and regulations shall have the full force and effect of law, when, in the event of issuance by the governor or any state agency, a copy thereof is filed in the office of the secretary of state and mailed to all members of the council at their last known addresses or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the adopting or promulgating political subdivision or agency.
(Formerly: Acts 1951, c.268, s.14; Acts 1975, P.L.110, SEC.15.) As amended by P.L.21-1991, SEC.15.


IC 10-4-1-16
Sec. 16. This chapter shall not be construed to compel any person, either on behalf of:
(1) the person;
(2) the person's child under the age of eighteen (18) years; or
(3) a protected person for whom the person acts as a guardian;
to submit to any physical examination, medical treatment, or immunization, if the person, parent, or guardian relies in good faith on spiritual means or prayer to prevent or cure disease or suffering, and objects to the treatment in writing.
(Formerly: Acts 1951, c.268, s.15; Acts 1973, P.L.97, SEC.1; Acts 1975, P.L.110, SEC.16.) As amended by P.L.33-1989, SEC.10.

IC 10-4-1-17
Sec. 17. The law enforcing authorities of the state and of the political subdivisions thereof shall enforce the orders, rules, and regulations issued pursuant to this chapter.
(Formerly: Acts 1951, c.268, s.16.) As amended by P.L.123-1985, SEC.40.

IC 10-4-1-18

YAMD.1993
Sec. 18. (a) Whenever the federal government or any agency or officer thereof shall offer to the state or through the state to any political subdivision, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the state, acting through the governor, or such political subdivision, acting with the consent of the governor and through its executive, may accept such offer. Upon such acceptance, the governor or the executive of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b) Whenever any person, firm, limited liability company, or corporation shall offer to the state or to any political subdivision services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the state, acting through the governor, or such political subdivision, acting through its executive, may accept such offer. Upon acceptance the governor or the executive of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision and subject to the terms of the offer.
(c) Any person, firm, limited liability company, or corporation owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual or impending national security, natural, or manmade emergency

or disaster, or a drill for any of these situations, shall, together with successors in interest, if any, not be civilly liable by reason of:
(1) the condition of such real estate or premises; or
(2) the conduct of persons engaged in directing or seeking shelter;
for negligently causing the death of, or injury to, any person on or about such real estate or premises or for loss of, or damage to, the property of any person during such emergency or disaster or during a drill.
(Formerly: Acts 1951, c.268, s.17; Acts 1953, c.259, s.4; Acts 1975, P.L.110, SEC.17.) As amended by P.L.21-1991, SEC.16; P.L.8-1993, SEC.177.

IC 10-4-1-19
Sec. 19. No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes. Political qualifications shall not be a consideration for appointment to the department nor a cause for dismissal except as provided in section 20 of this chapter, and full time employees of the department shall not participate in political activities.
(Formerly: Acts 1951, c.268, s.18; Acts 1953, c.259, s.5; Acts 1975, P.L.110, SEC.18.) As amended by P.L.21-1991, SEC.17.

IC 10-4-1-20
Sec. 20. (a) No person shall be employed or associated in any capacity in any emergency management organization established under this chapter 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 information charging any subversive act against the United States.
(b) Each individual who is appointed to serve in an organization for emergency management shall, before entering upon the individual's duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shall be substantially as follows:
"I, __________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.".


(c) For the purposes of this section, the director and the county emergency management directors:
(1) shall be authorized to administer the oath provided in subsection (b) to emergency management and disaster personnel; and
(2) may delegate that authority to designated deputies and assistants as may be approved by the director.
(Formerly: Acts 1951, c.268, s.19; Acts 1975, P.L.110, SEC.19.) As amended by P.L.93-1990, SEC.8; P.L.21-1991, SEC.18.

IC 10-4-1-21
Sec. 21. A person who violates this chapter commits a Class B misdemeanor.
(Formerly: Acts 1951, c.268, s.20; Acts 1975, P.L.110, SEC.20.) As amended by Acts 1978, P.L.2, SEC.1015.

IC 10-4-1-22

YAMD.1991
Sec. 22. (a) The general assembly may appropriate such sums as it deems necessary to administer the provisions of this chapter.
(b) There is hereby created an emergency management contingency fund the amount of which may be appropriated by the general assembly as it deems necessary, to be held in reserve and to be allocated for emergency management purposes upon recommendation of the director and upon approval of the governor and the budget committee.
(Formerly: Acts 1951, c.268, s.22.) As amended by Acts 1976, P.L.43, SEC.4; P.L.93-1990, SEC.9; P.L.21-1991, SEC.19.

IC 10-4-1-23
Sec. 23. (a) A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision.
(b) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under them.
(c) No interjurisdictional agency or official may declare a local disaster emergency, unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement.
(d) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals engaged in employment necessary to:
(1) maintain a safe rail system;


(2) restore utility service; or
(3) provide any other emergency public service;
from traveling on the highways within the political subdivision during the local disaster emergency.
(Formerly: Acts 1975, P.L.110, SEC.21.) As amended by P.L.66-1997, SEC.2.

IC 10-4-1-24
Sec. 24. (a) In addition to disaster prevention measures as included in the state, local and interjurisdictional disaster plans, the governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to any other authority and competence they have, state agencies, including but not limited to those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, fire prevention and control, air quality, public works, land use and land-use planning and construction standards, shall make studies of disaster prevention-related matters. The governor, from time to time, shall make recommendations to the legislature, local governments, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.
(b) An appropriate state agency, in conjunction with the department, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or its consequences.
(c) If the department believes on the basis of the studies or other competent evidence that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land-use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the governor. If the governor upon review of the recommendation finds after public hearing that the changes are essential, he shall so recommend to the agencies or local governments with jurisdiction over the area and subject matter. If no action or insufficient action pursuant to his recommendations is taken within the time specified by the governor, he shall so inform the legislature and request legislative action appropriate to mitigate the impact of disaster.
(d) The governor, at the same time that he makes his recommendations pursuant to subsection (c), may suspend the standard or control which he finds to be inadequate to protect the public safety and by regulation place a new standard or control in effect. The new standard or control shall remain in effect until rejected by concurrent resolution of both houses of the legislature or amended by the governor. During the time it is in effect, the standard or control

contained in the governor's regulation shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. Any action taken by the governor under this section shall be subject to judicial review but no court has jurisdiction to stay or restrain that action prior to a hearing on the merits.
(Formerly: Acts 1975, P.L.110, SEC.22.)

IC 10-4-1-25
Sec. 25. (a) Each person within this state shall conduct himself, keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this chapter are exceeded in a particular case and then only to the extent that the claimant may not have volunteered his services or property without compensation.
(b) No personal services may be compensated by the state or any subdivision or agency of it, except under statute, local law or ordinance.
(c) Compensation for property shall be paid only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the governor or a member of the disaster emergency forces of this state.
(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall make a claim for it, which claim shall be filed and adjudicated as provided in IC 1971, 32-11.
(e) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
(Formerly: Acts 1975, P.L.110, SEC.23.)

IC 10-4-1-26
Sec. 26. (a) It is the intent of the legislature and declared to be the policy of the state that funds to meet disaster emergencies shall always be available.
(b) It is the legislative intent that the first recourse shall be to funds regularly appropriated to state and local agencies. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, he may make funds available from monies in the budget agency which are emergency or contingency appropriations available for emergency expenditures as provided in IC 1971, 4-12-1-15.
(Formerly: Acts 1975, P.L.110, SEC.24.)

IC 10-4-1-27


Sec. 27. The governor may contribute to a political subdivision, within the limits of the appropriation, not more than twenty-five percent (25%) of the cost of emergency management agency personnel and administrative expenses which meet standards established by the governor.
(Formerly: Acts 1975, P.L.110, SEC.25.) As amended by P.L.21-1991, SEC.20.

IC 10-4-1-28
Sec. 28. The department may reimburse the civil air patrol for fuel, lubricants, and maintenance for any missions not authorized by the Air Force using the same formula for reimbursement used by the United States Department of Defense and the American Red Cross.
As added by P.L.146-1983, SEC.4. Amended by P.L.93-1990, SEC.10.

IC 10-4-1-29
Sec. 29. (a) As used in this section, "eligible entity" means a county, city, or town.
(b) As used in this section, "fund" refers to the state disaster relief fund established by this section.
(c) As used in this section, "public facility" means any:
(1) building or structure;
(2) bridge, road, highway, or public way;
(3) park or recreational facility;
(4) sanitary sewer system or wastewater treatment facility;
(5) drainage or flood control facility;
(6) water treatment, water storage, or water distribution facility; or
(7) other improvement or infrastructure;
owned by, maintained by, or operated by or on behalf of an eligible entity.
(d) The state disaster relief fund is established to provide money to assist eligible entities in paying for the costs of damage to public facilities resulting from disasters.
(e) The fund consists of money appropriated by the general assembly. The fund shall be administered by the department. Expenses of administering the fund shall be paid from money in the fund. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(f) Money in the fund is appropriated to carry out the purposes of the fund as provided in this section. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(g) Subject to the restrictions under this section, the department may use money in the fund to make grants to an eligible entity that:
(1) contains territory for which a disaster emergency has been declared by the governor;
(2) has suffered damage to the entity's public facilities because of the disaster for which the disaster emergency was declared;
(3) has applied to the department for a grant; and


(4) complies with all other requirements established by the department.
(h) Except as provided in subsection (i), the department may not make a grant to an eligible entity under this section unless the damage to the entity's public facilities caused by the disaster exceeds an amount equal to one dollar ($1) multiplied by the population of the entity. A grant to an eligible entity under this subsection may not exceed an amount equal to:
(1) fifty percent (50%); multiplied by
(2) the result of:
(A) the total cost of the damage to the entity's public facilities caused by the disaster; minus
(B) an amount equal to one dollar ($1) multiplied by the population of the entity.
(i) If the governor declares more than one (1) disaster emergency in the same year for territory in an eligible entity, the department may, in addition to a grant under subsection (h), make a grant to the entity under this subsection if the total cumulative cost of the damage to the entity's public facilities caused by the disasters exceeds an amount equal to two dollars ($2) multiplied by the population of the entity. A grant to an eligible entity under this subsection may not exceed:
(1) the product of:
(A) fifty percent (50%); multiplied by
(B) the total cumulative cost of the damage to the entity's public facilities caused by all disasters in the year; minus
(2) any grants previously made under subsection (h) to the entity during the year.
(j) To qualify for a grant under this section, the executive of an eligible entity must apply to the department on forms provided by the department. The application must include the following:
(1) A description and estimated cost of the damage caused by the disaster to the entity's public facilities.
(2) The manner in which the entity intends to use the grant money.
(3) Any other information required by the department.
(k) The fiscal officer of an entity receiving a grant under this section shall:
(1) establish a separate account within the entity's general fund; and
(2) deposit any grant proceeds received under this section in the account.
The state board of tax commissioners may not reduce an entity's maximum or actual property tax levy under IC 6-1.1-18.5 on account of grant money deposited in the account.
(l) The department shall adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.178-1999, SEC.2.


IC 10-4-2
Chapter 2. Interstate Civil Defense and Disaster Compact

IC 10-4-2-1
Sec. 1. The general assembly of the state of Indiana hereby ratifies a compact on behalf of the state of Indiana with any other state legally joining therein in the form substantially as follows:

INTERSTATE EMERGENCY MANAGEMENT

AND DISASTER COMPACT
The contracting states solemnly agree:

ARTICLE I
The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from national security, natural, or manmade situations including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the emergency management agencies or similar bodies of the states that are parties to this compact. The directors of emergency management of all party states constitute a committee to formulate plans and to take all necessary steps for the implementation of this compact.

ARTICLE II
It shall be the duty of each party state to formulate emergency management plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for emergency management. In carrying out such emergency management plans and programs the party states shall so far as possible provide and follow uniform standards, practices, and rules and regulations including the following:
(1) Insignia, arm bands and any other distinctive articles to designate and distinguish the different emergency management services.
(2) Mobilization of emergency management forces and other tests and exercises.
(3) Warning and signals for drills or actual emergencies or disasters.
(4) The effective screening or extinguishing of all lights and lighting devices and appliances.
(5) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.
(6) All materials or equipment used or to be used for emergency management purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in

or by any other party state.
(7) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or actual or impending emergencies or disasters.
(8) The safety of public meetings or gatherings.
(9) Mobile support units.

ARTICLE III
Any party state requested to render mutual aid, shall take such action as necessary to provide and make available the resources covered by this compact in accordance with the terms hereof as long as it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the emergency management forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the state receiving assistance.

ARTICLE IV
Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical, or other skills, such persons may render aid involving such skill in any party state to meet an emergency or disaster in this state, and such state shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.

ARTICLE V
No party state or its officers or its employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection with it.

ARTICLE VI
Since it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other party states, this instrument contains elements of a broad base common to all states and nothing in this agreement contained precludes any state from entering into supplementary agreements with another state or states. These supplementary agreements may comprehend but are not limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies.

ARTICLE VII
Each party state shall provide for the payment of compensation and

death benefits to injured members of the emergency management forces of that state and the representatives of deceased members of the forces in case these members sustain injuries or are killed while rendering aid under the compact in the same manner and on the same terms as if the injury or death were sustained within that state.

ARTICLE VIII
Any party state rendering aid in another state under this compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid and for the cost incurred in connection with the request. However, any aiding party state may assume in whole or in part the loss, damage, expense or other cost, or may loan the equipment or donate the services to the receiving party state without charge or cost. Any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state supplying emergency management forces for the compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.

ARTICLE IX
Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local emergency management areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or by the United States government under plans approved by it. After the termination of the emergency or disaster, the party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees.

ARTICLE X
This compact is to be available to any state, territory, or possession of the United States and the District of Columbia. The term "state" may include any neighboring foreign country or province or state of any neighboring foreign country.

ARTICLE XI
The committee established under Article I of this compact may

request the emergency management agency of the United States government to act as an informational and coordinating body under this compact and representatives of this agency of the United States government may attend meetings of the committee.

ARTICLE XII
This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to the approval by congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into, shall, at the time of their approval, be deposited with each of the party states and with the emergency management agency and other appropriate agencies of the United States government.

ARTICLE XIII
This compact shall continue in full force and remain binding on each party state until the legislature or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states.

ARTICLE XIV
This compact is to be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances is not to be affected by it.

ARTICLE XV
(a) This article is in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this article or in any supplementary agreement made in implementation of it shall be construed to abridge, impair, or supersede any other provision of this compact or any obligation undertaken by a state pursuant to the compact, except that if its terms so provide, a supplementary agreement in implementation of this article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrence, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures of this compact apply to the following:
(1) Searches for and rescue of persons who are lost, marooned, or otherwise in danger.
(2) Action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters.
(3) Incidents, or the imminence of them, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract, or remove the danger.


(4) The giving and receiving of aid by subdivisions of party states.
(5) Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact to a supplementary agreement in force pursuant to it, any aid authorized by this compact or a supplementary agreement may be furnished by any agency of a party state, a subdivision of the state, or by a joint agency of any two (2) or more party states or of their subdivisions. Any joint agency providing this aid is entitled to reimbursement for it to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid under this compact shall have the same rights, authority and immunity as personnel of party states.
(d) Nothing in this article is to be construed to exclude from the coverage of Articles I through XIV of this compact any matter which, in the absence of this article, could reasonably be construed to be covered by them.
(e) Nothing in subsection (a) is to be construed to limit previous or future entry into the Interstate Emergency Management and Disaster Compact of this state with other states.
(Formerly: Acts 1953, c.268, s.1; Acts 1975, P.L.110, SEC.26.) As amended by P.L.21-1991, SEC.21.

IC 10-4-2-2
Sec. 2. Duly authenticated copies of this chapter shall, upon its approval be transmitted by the secretary of state to the governor of each state, to the president of the Senate of the United States, to the speaker of the United States House of Representatives, to the federal emergency management administration or any successor agency, to the secretary of state of the United States, and to council of state governments.
(Formerly: Acts 1953, c.268, s.2; Acts 1975, P.L.110, SEC.27.) As amended by P.L.21-1991, SEC.22.

IC 10-4-2-3
Sec. 3. Nothing contained in this chapter shall be construed as a limitation of powers granted in any other law to enter into interstate compacts or other agreements relating to emergency management, or impairing in any respect the force and effect thereof. The articles of the compact contained in section 1 of this chapter shall have the same force and effect as though each article were a section of this chapter.
(Formerly: Acts 1953, c.268, s.3; Acts 1975, P.L.110, SEC.28.) As amended by P.L.21-1991, SEC.23.


IC 10-4-2.5
Chapter 2.5. Emergency Management Assistance Compact

IC 10-4-2.5-1
Sec. 1. ARTICLE I_Purpose and authorities.
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, "states" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance among the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-2
Sec. 2. ARTICLE II_General implementation.
Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
As added by P.L.30-1998, SEC.1.



IC 10-4-2.5-3
Sec. 3. ARTICLE III_Party state responsibilities.
(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:
(1) review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man made disaster, emergency aspects of resources shortages, civil disorders, insurgency, or enemy attack;
(2) review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;
(3) develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
(4) assist in warning communities adjacent to or crossing the state boundaries;
(5) protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;
(6) inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and
(7) provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance to another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:
(1) A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting party's response and a point of contact at that location.
(c) There shall be frequent consultation between state officials who

have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-4
Sec. 4. ARTICLE IV_Limitations.
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms of this compact. However, it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state emergency or disaster by the governor of the party state that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-5
Sec. 5. ARTICLE V_Licenses and permits.
Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be considered licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-6
Sec. 6. ARTICLE VI_Liability.
Officers or employees of a party state rendering aid in another state under this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or

employees rendering aid in another state under this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-7
Sec. 7. ARTICLE VII_Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party to this compact, this compact contains elements of a broad base common to all states, and nothing in this compact precludes any state entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-8
Sec. 8. ARTICLE VIII_Compensation.
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid under this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-9
Sec. 9. ARTICLE IX_Reimbursement.
Any party state rendering aid in another state under this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests. However, any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost, and any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this article.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-10
Sec. 10. ARTICLE X_Evacuation.
Plans for the orderly evacuation and interstate reception of portions

of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-11
Sec. 11. ARTICLE XI_Implementation.
(a) This compact shall become effective immediately upon its enactment into law by any two (2) states. Thereafter, this compact shall become effective as to any other state upon enactment by such state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed under this compact before the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-12
Sec. 12. ARTICLE XII_Validity.
This compact shall be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional, or the applicability of this compact to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability of this compact to other persons and circumstances shall not be affected.


As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-13
Sec. 13. ARTICLE XIII_Additional provisions.
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under 18 U.S.C. 1385.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-14
Sec. 14. Right To Alter, Amend, or Repeal.
The right to alter, amend, or repeal this chapter is hereby expressly reserved. The consent granted by this chapter shall:
(1) not be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the subject of the compact;
(2) not be construed as consent to the National Guard Mutual Assistance Compact;
(3) be construed as understanding that the first paragraph of Article II of the compact provides that emergencies will require procedures to provide immediate access to existing resources to make a prompt and effective response;
(4) not be construed as providing authority under Article III (a)(7) that does not otherwise exist for the suspension of statutes or ordinances;
(5) be construed as understanding that Article III (c) does not impose any affirmative obligation to exchange information, plans, and resource records on the United States or any party which has not entered into the compact; and
(6) be construed as understanding that Article XIII does not affect the authority of the President over the National Guard provided by Article I of the Constitution of the United States and 10 U.S.C.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-15
Sec. 15. Construction and Severability.
It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. If any part or application of this compact, or legislation enabling the compact, is held invalid, the remainder of the compact or its application to other situations or persons shall not be affected.
As added by P.L.30-1998, SEC.1.

IC 10-4-2.5-16
Sec. 16. Inconsistency of Language.
The validity of this compact shall not be affected by any insubstantial difference in its form or language as adopted by the states.
As added by P.L.30-1998, SEC.1.



IC 10-4-3
Chapter 3. Interstate Earthquake Emergency Compact

IC 10-4-3-1
Sec. 1. Indiana hereby adopts the interstate earthquake emergency compact with all other states legally joining therein in the form substantially as follows:

INTERSTATE EARTHQUAKE

EMERGENCY COMPACT

ARTICLE I (purpose)
The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources.

ARTICLE II (intrastate planning)
Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region (available) that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake or (other emergency), recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity.

ARTICLE III (responsibilities of states)
Whenever the Governor of a party state requests aid from the Governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consonant with the maintenance of protection for its residents and the policies stated in Article I.

ARTICLE IV (reciprocity)
Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under

this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.

ARTICLE V (immunity)
No party or its officers, employees, or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith.

ARTICLE VI (supplementary agreements)
Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend but are not limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

ARTICLE VII (compensation)
Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed.

ARTICLE VIII (reimbursement)
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under Article VII, provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may, (under some

circumstances), relieve the party state receiving aid from any liability and reimburse the party state rendering aid for (some) loss, damage or expense incurred within the terms of this article.

ARTICLE IX (evacuation plans)
Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or (may be reimbursed) by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees.

ARTICLE X (availability)
Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law provided that it shall not become initially effective until enacted into law by two party states.

ARTICLE XI (withdrawal)
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal, it shall remain liable to the extent of such obligation.

ARTICLE XII (severability)
This compact is severable under IC 1-1-1-8.
As added by P.L.92-1990, SEC.1.