{"id":"IN-089","kind":"order","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius \u0026 Hollister LLP, \u0027The 2021 Indiana General Assembly in Review\u0027 (June 30, 2021)","authority":"Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3 (as added by SEA 5-2021)","instrument":"Senate Enrolled Act 5 (2021), \u0027Local Health Departments; Public Health Emergencies\u0027 (law-firm description)","title":"Local health orders more stringent than the Governor\u0027s executive order require approval of the county or city legislative body; appeal process for local enforcement actions","dateIssued":"2021-05-10","effective":"2021-05-10 (effective on passage over the Governor\u0027s veto)","end":"Codified; in force through Q3 2021 and after","startDate":"2021-05-10","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["OTHER"],"addressees":["local health departments and health officers","county and city legislative bodies","businesses subject to local enforcement actions"],"clause":"Senate Enrolled Act 5... \u0027ensures local elected officials have the final say on local health orders issued in response to a declared emergency\u0027 and requires \u0027the local legislative body to approve any health order that is more stringent than a statewide order under an emergency\u0027 (Taft bulletin, quoting the Act\u0027s sponsors); Governor\u0027s veto overridden May 10, 2021 (Senate 36-10; House 59-30) (WRTV; Indiana House Republicans release).","enforcement":"Statutory condition on the effectiveness of local health orders; EOs 21-15 through 21-27 incorporate it","functions":["governs every local order in force from May 10, 2021"],"notes":"The codified section\u0027s substance was confirmed from FindLaw\u0027s current Indiana Code text of § 16-20-1-21.5 and from the Governor\u0027s own orders citing the section.","sourceUrl":"https://www.taftlaw.com/news-events/law-bulletins/the-2021-indiana-general-assembly-in-review/","snapshot":"","fileExists":true,"fileBytes":1840979,"grade":"secondary","character":"","description":"","collection":"IN","url":"/library/IN-089","exhibitUrl":"/exhibit/IN-089","citation":"Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius \u0026 Hollister LLP, \u0027The 2021 Indiana General Assembly in Review\u0027 (June 30, 2021), Senate Enrolled Act 5 (2021), \u0027Local Health Departments; Public Health Emergencies\u0027 (law-firm description) (May 10, 2021) (Ex. IN-089)","stateName":"Indiana","related":["IN-095"]}