Reprinted
February 5, 2002
HOUSE BILL No. 1001
_____
DIGEST OF HB 1001
(Updated February 4, 2002 3:54 PM - DI 102)
Citations Affected: IC 4-3; IC 4-4; IC 4-6; IC 4-13.5; IC 4-20.5;
IC 5-22; IC 5-26; IC 9-24; IC 9-29; IC 10-1; IC 10-4; IC 12-17.4;
IC 20-5; IC 22-12; IC 22-13; IC 22-14; IC 31-19; IC 34-24; IC 34-30;
IC 35-38; IC 35-41; IC 35-43; IC 35-44; IC 35-45; IC 35-47;
IC 35-47.5; noncode.
Synopsis: Antiterrorism measures. Establishes the counterterrorism
and security council. Establishes an order of state officers to discharge
the powers and duties of the governor if the office of the governor and
the office of the lieutenant governor are both vacant. Creates a center
for coal technology research to develop technologies to advance the use
of Indiana coal. Establishes the construction industry disaster volunteer
program. Provides that $1.25 of the service charge established by
administrative rules before January 1, 2002, for certain BMV
(Continued next page)
Effective: Upon passage; July 1, 2002.
Gregg
, Kruzan
, Bischoff
,
Weinzapfel
, Lytle
, Herrell
, Dvorak
,
Lawson L
, Reske
, Ayres
, Friend
,
Duncan
, Grubb
, Murphy
, Stilwell
November 20, 2001, read first time and referred to Committee on Rules and Legislative
Procedures.
January 30, 2002, amended, reported _ Do Pass.
February 4, 2002, read second time, amended, ordered engrossed.
Digest Continued
transactions is to be used in paying the costs of an integrated wireless
public safety communications system until July 1, 2023, and authorizes
the state office building commission to issue bonds to finance
construction of the system. Establishes new restrictions concerning the
issuance of commercial driver's licenses and hazardous materials
endorsements. Authorizes the state police (instead of the department of
administration) to provide security for state property. Authorizes the
superintendent of state police to assign a special police employee to
serve on a riverboat. Requires the state emergency management agency
to develop a statewide mutual aid program and a statewide mutual aid
agreement. For emergency management and disaster law, limits the
immunities provided to declared disaster emergencies and provides that
any immunity granted does not impair products liability claims.
Provides that a vehicle, money, or other assets may be seized if used in
the commission of certain offenses IC 35-47 as part of an act of
terrorism. Establishes various requirements and criminal offenses
concerning certain regulated explosives or devices. Establishes or
enhances various criminal penalties for disorderly conduct on airport
premises, use of the identity of another person with the intent to
commit terrorism or to obtain a weapon of mass destruction, money
laundering with the intent to further terrorism, possession of a weapon
of mass destruction with the intent to carry out terrorism, dissemination
of a substance with the intent to cause a person to believe that the
substance is a weapon of mass destruction, or interruption or
impairment of work conducted in a food processing facility. Repeals:
(1) the definition of regulated explosive; (2) the financial responsibility
requirements for a regulated explosive manufacturer; (3) the current
statute defining the crime of selling, manufacturing, purchasing, or
possessing certain bombs and explosives; and (4) a statute that
authorizes the commissioner of the department of administration to
issue warrants for the recovery of unlawfully possessed state property.
Reprinted
February 5, 2002
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1001
A BILL FOR AN ACT to amend the Indiana Code concerning
antiterrorism measures and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-3-20; (02)HB1001.2.1. -->
SECTION 1. IC 4-3-20 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 20. Counterterrorism and Security Council
Sec. 1. As used in this chapter, "council" refers to the
counterterrorism and security council established by section 2 of
this chapter.
Sec. 2. The counterterrorism and security council is established.
Sec. 3. (a) The council consists of the following members:
(1) The lieutenant governor.
(2) The superintendent of the state police department.
(3) The adjutant general.
(4) The director of the state emergency management agency.
(5) The state fire marshal.
(6) The state health commissioner.
(7) The commissioner of the department of environmental
management.
(8) The assistant commissioner of agriculture.
(9) The chairman of the Indiana utility regulatory
commission.
(10) The commissioner of the Indiana department of
transportation.
(11) The executive director of the Indiana criminal justice
institute.
(12) A local law enforcement officer or a member of the law
enforcement training academy appointed by the governor.
(13) The speaker of the house of representatives.
(14) The president pro tempore of the senate.
(15) The chief justice of the supreme court.
(b) The members of the council under subsection (a)(13), (a)(14),
and (a)(15) are nonvoting members.
(c) Representatives of the United States Department of Justice
may serve as members of the council as the council and the
Department of Justice may determine. Any representatives of the
Department of Justice serve as nonvoting members of the council.
Sec. 4. The lieutenant governor shall serve as the chair of the
council and in this capacity, report directly to the governor.
Sec. 5. (a) The council shall do the following:
(1) Develop a strategy to enhance the state's capacity to
prevent and respond to terrorism.
(2) Develop a counterterrorism plan in conjunction with
relevant state agencies, including a comprehensive needs
assessment.
(3) Review each year and update when necessary the plan
developed under subdivision (2).
(4) Develop in concert with the law enforcement training
academy a counterterrorism curriculum for use in basic
police training and for advanced in-service training of veteran
law enforcement officers.
(5) Develop an affiliate of the council in each county to
coordinate local efforts and serve as the community point of
contact for the council and the United States Office of
Homeland Security.
(b) The council shall report periodically its findings and
recommendations to the governor.
Sec. 6. (a) The governor shall appoint an executive director for
the council. The executive director may employ additional staff for
the council, subject to the approval of the governor.
(b) The executive director of the council shall serve as:
(1) the central coordinator for counterterrorism issues; and
(2) the state's point of contact for:
(A) the Office of Domestic Preparedness in the United
States Department of Justice; and
(B) the United States Office of Homeland Security.
Sec. 7. (a) The expenses of the council shall be paid from
appropriations made by the general assembly.
(b) Money received by the council as a grant or a gift is
appropriated for the purposes of the grant or the gift.
Sec. 8. (a) Each member of the council who is not a state
employee is not entitled to the minimum salary per diem provided
by IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for travel expenses as provided in IC 4-13-1-4 and
other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
(b) Each member of the council who is a state employee but who
is not a member of the general assembly is entitled to
reimbursement for travel expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the
member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(c) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this subsection shall be
paid from appropriations made to the legislative council or the
legislative services agency.
Sec. 9. The affirmative votes of a majority of the voting
members of the council are required for the council to take action
on any measure, including final reports.
Sec. 10. (a) The council may receive confidential law
enforcement information from the state police department, the
Federal Bureau of Investigation, or other federal, state, or local
law enforcement agencies.
(b) For purposes of IC 5-14-1.5 and IC 5-14-3, information
received under subsection (a) is confidential.
Sec. 11. All state agencies shall cooperate to the fullest extent
possible with the council and the executive director to implement
this chapter.
SOURCE: IC 4-3-21; (02)HB1001.2.2. -->
SECTION 2. IC 4-3-21 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 21. Discharge of the Governor's Powers and Duties by
Individuals Other Than the Governor
Sec. 1. The purpose of this chapter is to implement Article 5,
Section 10(e) of the Constitution of the State of Indiana.
Sec. 2. Except as provided in this chapter, an individual holding
one (1) of the following offices shall discharge the powers and
duties of the governor if the office of governor and the office of
lieutenant governor are both vacant, in the order listed:
(1) The speaker of the house of representatives.
(2) The president pro tempore of the senate.
(3) The attorney general.
(4) The treasurer of state.
(5) The auditor of state.
(6) The secretary of state.
(7) The state superintendent of public instruction.
(8) The clerk of the supreme court.
Sec. 3. An individual holding an office or position described in
section 2 of this chapter may discharge the powers and duties of
the governor only if all of the following apply:
(1) The individual is a member of the same political party as
the individual who most recently held the office of governor.
(2) All offices listed in section 2 of this chapter before the
office the individual holds are either:
(A) vacant; or
(B) held by individuals who are not members of the same
political party as the individual who most recently held the
office of governor.
Sec. 4. An individual's authority to discharge the governor's
powers and duties under this chapter ends when the general
assembly fills the office of governor under Article 5, Section 10 of
the Constitution of the State of Indiana.
SOURCE: IC 4-4-30; (02)HB1001.2.3. -->
SECTION 3. IC 4-4-30 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 30. Center for Coal Technology Research
Sec. 1. As used in this chapter, "center" refers to the center for
coal technology research established under this chapter.
Sec. 2. As used in this chapter, "director" refers to the director
of the department of commerce.
Sec. 3. As used in this chapter, "fund" refers to the coal
technology research fund established by section 8 of this chapter.
Sec. 4. As used in this chapter, "Indiana coal" has the meaning
set forth in IC 8-1-2-6.1.
Sec. 5. The center for coal technology research is established to
perform the following duties:
(1) Develop technologies that can use Indiana coal in an
environmentally and economically sound manner.
(2) Investigate the reuse of clean coal technology byproducts,
including fly ash.
(3) Generate innovative research in the field of coal use.
(4) Develop new, efficient, and economical sorbents for
effective control of emissions.
(5) Investigate ways to increase coal combustion efficiency.
(6) Develop materials that withstand higher combustion
temperatures.
(7) Any other matter concerning coal technology research as
determined by the center.
Sec. 6. In carrying out its duties under this chapter, the center
shall be located at Purdue University at West Lafayette and shall
cooperate with and may use the resources of:
(1) Indiana University Geological Survey and other state
educational institutions;
(2) a state or federal department or agency;
(3) a political subdivision; and
(4) interest groups representing business, environment,
industry, science, and technology.
Sec. 7. To carry out the center's duties described in section 5 of
this chapter, the director or the director's designee, acting on
behalf of the center, may:
(1) organize the center in the manner necessary to implement
this chapter;
(2) execute contractual agreements, including contracts for:
(A) the operation of the center;
(B) the performance of any of the duties described in
section 5 of this chapter; and
(C) any other services necessary to carry out this chapter;
(3) receive money from any source for purposes of this
chapter;
(4) expend money for an activity appropriate to the purposes
of this chapter;
(5) execute agreements and cooperate with:
(A) Purdue University and other state educational
institutions;
(B) a state or federal department or agency;
(C) a political subdivision; and
(D) interest groups representing business, the
environment, industry, science, and technology; and
(6) subject to the approval of the budget agency, employ
personnel as necessary for the efficient administration of this
chapter.
Sec. 8. (a) The coal technology research fund is established for
the purpose of providing money for the center for coal technology
research and for the director to carry out the duties specified
under this chapter. The budget agency shall administer the fund.
(b) The fund consists of the following:
(1) Money appropriated by the general assembly.
(2) Gifts, grants, and bequests.
(c) 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 the treasurer may invest other public funds.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SOURCE: IC 4-6-2-1.5; (02)HB1001.2.4. -->
SECTION 4. IC 4-6-2-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) Whenever
any state governmental official, or employee, (whether elected or
appointed), or construction industry professional (as defined in
IC 10-4-1-3(6)) participating in the construction industry disaster
volunteer program established by IC 10-4-1-30 is made a party to a
suit, and the attorney general determines that said suit has arisen out of
an act which such official or employee in good faith believed to be
within the scope of his duties as prescribed by statute or duly adopted
regulation, the attorney general shall defend such person throughout
such action.
(b) Whenever a teacher (as defined in IC 20-6.1-1-8) is made a party
to a civil suit, and the attorney general determines that the suit has
arisen out of an act that the teacher in good faith believed was within
the scope of the teacher's duties in enforcing discipline policies
developed under IC 20-8.1-5-2(e), the attorney general shall defend the
teacher throughout the action.
(c) A determination by the attorney general under subsection (a) or
(b) shall not be admitted as evidence in the trial of any such civil action
for damages.
(d) Nothing in this chapter shall be construed to deprive any such
person of his right to select counsel of his own choice at his own
expense.
SOURCE: IC 4-6-4-1; (02)HB1001.2.5. -->
SECTION 5. IC 4-6-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. Whenever any such action,
counter-claim, petition, or cross-complaint is filed in any court in this
state in which the state of Indiana or any board, bureau, commission,
department, division, agency, or officer or employee in his capacity as
an employee of the state of Indiana,
or any construction industry
professional (as defined in IC 10-4-1-3(6)) participating in the
construction industry disaster volunteer program established by
IC 10-4-1-30, is a party and the attorney general is required or
authorized to appear or defend, or when the attorney general is entitled
to be heard, a copy of the complaint, cross-complaint, petition, bill, or
pleading shall be served on the attorney general and such action,
cross-action, or proceeding shall not be deemed to be commenced as
to the state or
any such the board, bureau, commission, department,
division, agency, or officer or employee in his capacity as an employee
of the state of Indiana,
or as to the construction industry
professional, until such service. Whenever the attorney general has
appeared in any suit, action, or proceeding, copies of all motions,
demurrers, petitions, and pleadings filed therein shall be served upon
the attorney general by the party filing the same; provided, further, that
the clerk of the court shall cause to be served upon the attorney general
a copy of the ruling made by the court upon such motions, demurrers,
petitions, and pleadings, and such ruling shall not be deemed effective
in any manner as against the attorney general,
or as against the state of
Indiana or
any the board, bureau, commission, department, division,
agency, or officer or employee in his capacity as an employee of the
state of Indiana,
or as against the construction industry professional
unless and until such copy shall be served upon the attorney general or
any deputy attorney general as provided in section 2 of this chapter;
provided, further, that in any action in which the attorney general is
required or authorized to appear or defend or entitled to be heard, in
which action some matter or thing occurs upon which occurrence time
begins to run, the running of such time shall be suspended as to the
attorney general until such service is had upon the attorney general or
any deputy attorney general as provided in section 2 of this chapter;
provided, further, that whenever any claim filed for and on behalf of
the state of Indiana or any board, bureau, commission, department,
division, agency, officer, or institution of the state of Indiana in any
estate or guardianship pending in any court having probate jurisdiction
in the state of Indiana is not allowed and the clerk of the court,
administrator, administratrix, executor, executrix, or guardian transfers
such claim to the trial docket, said claim shall not be disposed of nor
shall any disposition made of such claim be deemed to be a final
adjudication unless and until due notice of the trial date of such claim
shall be served on the attorney general or any deputy attorney general
as provided in section 2 of this chapter at least ten (10) days prior to the
date set for trial of said claim.
SOURCE: IC 4-13.5-1-1; (02)HB1001.2.6. -->
SECTION 6. IC 4-13.5-1-1, AS AMENDED BY P.L.291-2001,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. As used in this article:
"Commission" refers to the state office building commission.
"Communications system infrastructure" has the meaning set
forth in IC 5-26-5-1.
"Construction" means the erection, renovation, refurbishing, or
alteration of all or any part of buildings, improvements, or other
structures, including installation of fixtures or equipment, landscaping
of grounds, site work, and providing for other ancillary facilities
pertinent to the buildings or structures.
"Correctional facility" means a building, a structure, or an
improvement for the custody, care, confinement, or treatment of
committed persons under IC 11.
"Department" refers to:
(1) the integrated public safety commission, for purposes of a
facility consisting of communications system infrastructure;
and
(2) the Indiana department of administration, for purposes of all
other facilities.
"Mental health facility" means a building, a structure, or an
improvement for the care, maintenance, or treatment of persons with
mental or addictive disorders.
"Facility" means all or any part of one (1) or more buildings,
structures, or improvements (whether new or existing), or parking areas
(whether surface or an above or below ground parking garage or
garages), owned or leased by the commission or the state for the
purpose of:
(1) housing the personnel or activities of state agencies or
branches of state government;
(2) providing transportation or parking for state employees or
persons having business with state government;
(3) providing a correctional facility;
(4) providing a mental health facility; or
(5) providing a regional health facility; or
(6) providing communications system infrastructure.
"Person" means an individual, a partnership, a corporation, a limited
liability company, an unincorporated association, or a governmental
entity.
"Regional health facility" means a building, a structure, or an
improvement for the care, maintenance, or treatment of adults or
children with mental illness, developmental disabilities, addictions, or
other medical or rehabilitative needs.
"State agency" means an authority, a board, a commission, a
committee, a department, a division, or other instrumentality of state
government, but does not include a state educational institution (as
defined in IC 20-12-0.5-1).
SOURCE: IC 4-13.5-1-6; (02)HB1001.2.7. -->
SECTION 7. IC 4-13.5-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. Subject to section
8 of this chapter, the commission may not enter into:
(1) a contract for the performance of work, other than a contract
of employment with a professional person or a commission
employee; or
(2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of the
department.
SOURCE: IC 4-13.5-1-8; (02)HB1001.2.8. -->
SECTION 8. IC 4-13.5-1-8, AS AMENDED BY P.L.195-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) The commission may employ architects,
engineers, space planners, construction managers, and other
professional persons it considers necessary to prepare complete plans
and specifications necessary for bidding for construction. The
commission shall consider economy of operation to the extent
practicable in preparing and approving plans and specifications.
(b) The plans and specifications shall be presented for approval to:
(1) the department;
(2) if the facility is designed to house the supreme court or court
of appeals, the administrator of the supreme court for approval by
the courts;
and
(3) if the facility is a correctional facility, the department of
correction;
and
(4) if the facility consists of communications system
infrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by the
commission under subsection (b), the commission shall advertise for
and receive construction bids and award contracts to the best bidders
in the same manner as required by law for the department. However,
with respect to a facility that consists of communications system
infrastructure, if the commission finds that the integrated public
safety commission has already advertised for and received
construction bids or awarded contracts to the best bidders, or both,
substantially in the same manner as required by law for the
Indiana department of administration, the commission is not
required to repeat the advertisement, receipt of bids, or award of
contracts. In making the finding described in this subsection, the
commission may rely upon a certificate of the integrated public
safety commission. If the commission makes the finding described
in this subsection, this is all the authority the commission needs to
accept the assignment of the bids or contracts, or both, from the
integrated public safety commission, and all the authority the
integrated public safety commission needs to assign the bids or
contracts, or both, to the commission.
(d) With regard to participation by minority and women's business
enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3), the
commission shall act in the same manner as required by law for the
department.
SOURCE: IC 4-20.5-6-2; (02)HB1001.2.9. -->
SECTION 9. IC 4-20.5-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section
does not apply to enforcement matters that are the responsibility
of the state police department under IC 10-1-1-29.
(b) The department shall maintain, equip, and operate the following:
(1) The state capitol building.
(2) The office buildings and other property owned or leased by the
state for the use of an agency.
SOURCE: IC 4-20.5-6-5; (02)HB1001.2.10. -->
SECTION 10. IC 4-20.5-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Except for
enforcement matters that are the responsibility of the state police
department under IC 10-1-1-29, the commissioner is the custodian
of state buildings and grounds.
(b) The commissioner may appoint security officers for the purpose
of maintaining security and preserving the peace in and about the
following:
(1) The state capitol building.
(2) A state office building.
(3) A state parking facility.
(4) A state motor pool garage.
(5) A state warehouse.
(6) The Indiana state library.
(7) The governor's residence.
(8) Any other building or other property used by the state for any
of the following purposes:
(A) Housing the personnel or activities of an agency or a
branch of state government.
(B) Providing transportation or parking for state employees or
persons having business with state government.
(c) The commissioner and the security officers appointed by the
commissioner possess all the common law and statutory powers of law
enforcement officers, except for the service of civil process.
(d) For purposes of IC 5-2-1, the commissioner and security officers
appointed under this chapter are special officers.
(e) All security officers are subject to preemployment investigation
by the state police department.
SOURCE: IC 4-20.5-6-7; (02)HB1001.2.11. -->
SECTION 11. IC 4-20.5-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. The department shall
may adopt rules under IC 4-22-2 to govern the protection and custody
of state property, except for enforcement matters that are the
responsibility of the state police department under IC 10-1-1-29.
SOURCE: IC 4-20.5-6-8; (02)HB1001.2.12. -->
SECTION 12. IC 4-20.5-6-8, AS AMENDED BY P.L.172-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) This section does not apply to
enforcement matters that are the responsibility of the state police
department under IC 10-1-1-29.
(b) The commissioner may regulate:
(1) the traffic and parking of motor vehicles, bicycles, or other
vehicles; and
(2) the traffic of pedestrians;
on the streets, roads, paths, and grounds of real property controlled by
the state through the department of administration in and around the
state capitol, office buildings, parking garages, and adjoining state
controlled property.
(b) (c) Rules adopted under subsection (a) (b) may include the
following:
(1) Provisions governing the registration, speed, weight,
operation, parking, times, places, and use of motor vehicles,
bicycles, and other vehicles.
(2) Provisions governing the traffic of pedestrians.
(3) Provisions prescribing the assessment and collection of civil
penalties for the violation of rules adopted by the commissioner.
Penalties may include the following:
(A) The imposition of reasonable charges.
(B) The removal and impounding (at the expense of the
violator) of vehicles that are operated or parked in violation of
rules adopted by the commissioner.
(C) The denial of permission to operate a vehicle on the
property in and around the state capitol building, office
buildings, parking garages, and adjoining state controlled
property.
(c) (d) Rules adopted under this section must include provisions for
an administrative appeal when a civil penalty is imposed under the
rules. A person aggrieved by a final disposition of an appeal by the
department may appeal the disposition to a court of jurisdiction. The
attorney general may enforce a civil penalty imposed under this section
by filing an appropriate action in a court of jurisdiction.
(d) (e) This section does not limit or restrict the powers of any other
governmental authority having jurisdiction over public streets, roads,
alleys, or ways.
SOURCE: IC 5-22-10-4; (02)HB1001.2.13. -->
SECTION 13. IC 5-22-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) A purchasing
agent may make a special purchase when there exists, under emergency
conditions, a threat to public health, welfare, or safety.
(b) The counterterrorism and security council established by
IC 4-3-20-2 may make a purchase under this section to preserve
security or act in an emergency as determined by the governor.
SOURCE: IC 5-26-2-5; (02)HB1001.2.14. -->
SECTION 14. IC 5-26-2-5, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. The commission's powers include the
following:
(1) Planning for voluntary coordination of resources by public
safety agencies.
(2) Developing coordinated, integrated responses to significant
public safety events by those public safety agencies that choose
to take part.
(3) Developing means of sharing information operationally and
technologically to improve public safety.
(4) Contracting with consultants to assist in the planning and
development under this article.
(5) Contracting with others to provide services under this article.
(6) Accepting gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing and
assistance, and any other aid from any source and agreeing to
and complying with conditions attached thereto as necessary
or appropriate to the purposes of the commission.
(7) Acquiring real property, or any interest therein, by lease,
conveyance (including purchase) instead of foreclosure, or
foreclosure as necessary or appropriate to the purposes of the
commission.
(8) Owning, managing, operating, holding, clearing,
improving, and constructing facilities on real property as
necessary or appropriate to the purposes of the commission.
(9) Selling, assigning, exchanging, transferring, conveying,
leasing, mortgaging, or otherwise disposing of or
encumbering real property, or interests therein or facilities
thereon as necessary or appropriate to the purposes of the
commission.
(10) Acquiring personal property by lease or conveyance as
necessary or appropriate to the purposes of the commission.
(11) Selling, assigning, exchanging, transferring, conveying,
leasing, mortgaging, or otherwise disposing of or
encumbering personal property, or interests therein as
necessary or appropriate to the purposes of the commission.
(12) The powers enumerated in IC 5-26-3-6.
(7) (13) Any other power necessary, proper, or convenient to
accomplish the goals of the commission. carry out this article.
SOURCE: IC 5-26-3-6; (02)HB1001.2.15. -->
SECTION 15. IC 5-26-3-6, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. (a) In addition to the powers enumerated in
IC 5-26-2-5, the commission has the following powers related to the
system:
(1) Ensuring that federal and state communications requirements
are followed.
(2) Providing system planning, including mutual aid planning and
compatibility planning with other public safety agency
communications systems.
(3) Creating a standard user agreement.
(4) Providing assistance to local public safety agencies in making
equipment purchases.
(5) Assessing charges for using the system.
(6)
Entering into and performing use and occupancy
agreements concerning the system under IC 4-13.5.
(7) Exercising any power necessary to carry out this chapter.
(b) The Indiana statewide wireless public safety voice and data
communications system may use the facilities of commercial mobile
radio service providers (as defined in 47 USC 332). If the commission
chooses to contract with one or more commercial mobile radio service
providers to provide the system, the commission may delegate the
responsibilities in subsection (a) to the commercial mobile radio
service providers.
SOURCE: IC 5-26-4-1; (02)HB1001.2.16. -->
SECTION 16. IC 5-26-4-1, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) The integrated public safety
communications fund is established to be used only to carry out the
purposes of this article. The fund shall be administered by the
commission.
(b) The fund consists of:
(1) appropriations from the general assembly;
(2) gifts;
(3) federal grants;
(4) fees and contributions from user agencies that the commission
considers necessary to maintain and operate the system; and
(5) money from any other source permitted by law.
(c) 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.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) If federal funds are not sufficient to pay for the system, the
commission shall transfer money from the fund to the
communications system infrastructure fund in amounts sufficient
to pay rentals and other obligations under use and occupancy
agreements or other contracts or leases relating to the financing of
the system under IC 4-13.5.
SOURCE: IC 5-26-4-2; (02)HB1001.2.17. -->
SECTION 17. IC 5-26-4-2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 2. There is annually appropriated to the commission
the money in the fund for its use, subject to the approval of the
budget agency, in the acquisition, construction, equipping,
operation, maintenance, and financing of the system and state user
equipment for the system, including the payment of rentals and
other obligations under use and occupancy agreements or other
contracts or leases relating to the financing of the system under
IC 4-13.5.
SOURCE: IC 5-26-5; (02)HB1001.2.18. -->
SECTION 18. IC 5-26-5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 5. Communications System Infrastructure Fund
Sec. 1. As used in this chapter, "communications system
infrastructure" means all or part of the infrastructure of the
system described in IC 5-26-3, including:
(1) towers and the associated land, improvements,
foundations, access roads and rights-of-way, structures,
fencing, and equipment necessary, proper, or convenient to
enable the tower to function as part of the system;
(2) the radio and network equipment necessary, proper, or
convenient to transmit and receive voice and data
communications; and
(3) any other necessary, proper, or convenient elements of the
system.
Sec. 2. As used in this chapter, "construction" means the
erection, renovation, refurbishing, or alteration of all or any part
of buildings, improvements, or other structures, including
installation of fixtures or equipment, landscaping of grounds, site
work, and providing for other ancillary facilities pertinent to the
buildings or structures.
Sec. 3. As used in this chapter, "infrastructure fund" refers to
the communications system infrastructure fund.
Sec. 4. The communications system infrastructure fund is
established for the purpose of providing communications system
infrastructure. The infrastructure fund consists of distributions
received under IC 5-26-4-1(e).
Sec. 5. The infrastructure fund shall be administered by the
commission. The treasurer of state shall invest the money in the
infrastructure fund not currently needed to meet the obligations of
the infrastructure fund in the same manner as other public funds
may be invested.
Sec. 6. Money in the infrastructure fund at the end of a state
fiscal year does not revert to the state general fund.
Sec. 7. The commission may use the money in the infrastructure
fund only to pay the following costs:
(1) The cost of construction of communications system
infrastructure.
(2) The cost of acquisition or leasing of all real or personal
property required for the construction of communications
system infrastructure.
(3) The cost of operation and maintenance of communications
system infrastructure.
(4) The cost of demolishing or removing any buildings,
structures, or improvements on property acquired by the
commission for the construction of communications system
infrastructure.
(5) Engineering and legal expenses, other professional
services, and the costs of plans, specifications, surveys,
estimates, and any necessary feasibility studies.
(6) Payment of rentals and other obligations and performance
of other obligations under use and occupancy agreements or
other contracts or leases relating to the financing of
communications system infrastructure under IC 4-13.5.
Sec. 8. The commission shall pay its obligations under any use
and occupancy agreement or any other contract or lease with the
state office building commission from money deposited in the
infrastructure fund before making any other disbursement or
expenditure of the money.
Sec. 9. There is annually appropriated to the commission the
money in the infrastructure fund for its use, subject to the approval
of the budget agency, in carrying out the purposes described in
section 7 of this chapter.
SOURCE: IC 9-24-6-2; (02)HB1001.2.19. -->
SECTION 19. IC 9-24-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The bureau
shall adopt rules under IC 4-22-2 to regulate persons required to hold
a commercial driver's license.
(b) The rules must carry out 49 U.S.C. 521, 49 U.S.C.
2304, 31104,
49 U.S.C.
2701 31301 through
2716, 31306, 49 U.S.C. 31308 through
31317, and 49 CFR 383.
(c) Rules adopted under this section must include the following:
(1) Establishment of classes and periods of validation of
commercial driver's licenses.
(2) Standards for commercial driver's licenses, including
suspension and revocation procedures.
(3)
Requirements for documentation of eligibility for legal
employment, as set forth in 8 CFR 274a.2, and proof of
residence in Indiana.
(4) Development of written or oral tests, driving tests, and fitness
requirements.
(4) (5) Defining the commercial driver's licenses by classification
and the information to be contained on the licenses, including the
Social Security number and a unique identifier of the holder.
(5) (6) Establishing fees for the issuance of commercial driver's
licenses, including fees for testing and examination.
(6) (7) Procedures for the notification by the holder of a
commercial driver's license to the bureau and the driver's
employer of pointable traffic offense convictions.
(7) The (8) Conditions for reciprocity with other states, including
requirements for a written commercial driver's license test
and operational skills test, and a hazardous materials
endorsement written test and operational skills test, before a
license may be issued.
(8) (9) Other rules necessary to administer this chapter.
(d) 49 CFR 383 is adopted as Indiana law.
SOURCE: IC 9-24-6-12; (02)HB1001.2.20. -->
SECTION 20. IC 9-24-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) A driver
who:
(1) is:
(A) convicted of an offense described in section 8(1) through
8(4) or 8(6) of this chapter; or
(B) found to have violated section 8(7) of this chapter; and
(2) has been previously convicted in a separate incident of any
offense described in section 8(1) through 8(4) or 8(6) of this
chapter;
is disqualified for life from driving a commercial motor vehicle.
(b) A driver who applies for a hazardous materials endorsement
and has been convicted of:
(1) a felony under Indiana law that results in serious bodily
injury or death to another person; or
(2) a crime in any other jurisdiction in which the elements of
the crime for which the conviction was entered are
substantially similar to the elements of a felony described in
subdivision (1);
is disqualified for life from holding a hazardous materials
endorsement.
(c) The hazardous materials endorsement of a driver who holds
a hazardous materials endorsement and is convicted of a:
(1) felony under Indiana law that results in serious bodily
injury or death to another person; or
(2) crime in any other jurisdiction in which the elements of the
crime for which the conviction was entered are substantially
similar to the elements of a felony described in subdivision
(1);
is revoked upon conviction, and the driver is disqualified for life
from holding a hazardous materials endorsement.
SOURCE: IC 9-29-3-23; (02)HB1001.2.21. -->
SECTION 21. IC 9-29-3-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 23.
(a) Except as
provided by subsections (b) and (c), or as otherwise provided by
this chapter, the service charges collected under this chapter shall be
deposited in the state license branch fund established under IC 9-29-14.
(b) Before July 1, 2023, one dollar and twenty-five cents ($1.25)
of each service charge increase established by a rule adopted under
section 19 of this chapter before January 1, 2002, for services
described in sections 4, 6, 7, 8, 9, 10, 11, 12, 14, and 18 of this
chapter shall be deposited in the integrated public safety
communications fund established by IC 5-26-4-1. After June 30,
2023, the amount described in this subsection shall be deposited in
the state license branch fund as provided by subsection (a).
(c) Before July 1, 2023, one dollar and twenty-five cents ($1.25)
of each service charge established by a rule adopted under section
19 of this chapter before January 1, 2002, for services described in
IC 9-29-15-1 shall be deposited in the integrated public safety
communications fund established under IC 5-26-4-1. After June 30,
2023, the amount described in this subsection shall be deposited in
the state license branch fund as provided by subsection (a).
SOURCE: IC 10-1-1-28; (02)HB1001.2.22. -->
SECTION 22. IC 10-1-1-28, AS ADDED BY P.L.69-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 28. (a) As used in this section, "dies in the line of
duty" refers to a death that occurs as a direct result of personal injury
or illness resulting from any action that:
(1) a motor carrier inspector; or
(2) a special police employee of the department who is not a
regular police employee of the department;
is obligated or authorized by rule, regulation, condition of employment
or service, or law to perform in the course of the inspector's or special
police employee's regular duties.
(b) A special death benefit of one hundred fifty thousand dollars
($150,000) for a motor carrier inspector or special police employee
who dies in the line of duty shall be paid in a lump sum from the
special death benefit fund established by IC 5-10-10-5 to the following
relative of a motor carrier inspector who dies in the line of duty:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving children (to be
shared equally).
(3) If there is no surviving spouse and there are no surviving
children, to the parent or parents in equal shares.
SOURCE: IC 10-1-1-29; (02)HB1001.2.23. -->
SECTION 23. IC 10-1-1-29 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 29. (a) The department shall maintain security and
preserve the peace in and about the following:
(1) The state capitol building.
(2) A state office building.
(3) A state parking facility.
(4) A state motor pool garage.
(5) A state warehouse.
(6) The Indiana state library.
(7) The governor's residence.
(8) Any other building or property used by the state for any
of the following purposes:
(A) Housing of personnel or activities of an agency or a
branch of state government.
(B) Providing transportation or parking for state
employees or persons having business with state
government.
(b) A special police employee of the department assigned to the
security activities under this section, other than an officer or police
employee of the department who possesses police powers under
section 10 of this chapter, possesses all of the common law and
statutory powers of law enforcement officers, except for the service
of civil process.
(c) For purposes of IC 5-2-1, a special police employee assigned
to the security activities under this section, other than a regular
police employee of the department, is a special officer.
(d) Special police employees shall enforce IC 4-20.5 and rules of
the Indiana department of administration.
(e) The superintendent may adopt rules under IC 4-22-2 to do
the following:
(1) Enforce IC 4-20.5 and rules of the Indiana department of
administration concerning the security of state property.
(2) Carry out the responsibilities for security of state property
under this section.
SOURCE: IC 10-1-1-30; (02)HB1001.2.24. -->
SECTION 24. IC 10-1-1-30 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 30. The superintendent may assign a special police
employee described in section 29(b) of this chapter to serve as a
gaming agent under an agreement with the Indiana gaming
commission under IC 4-33-4-3.6.
SOURCE: IC 10-4-1-3; (02)HB1001.2.25. -->
SECTION 25. IC 10-4-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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.
(6) "Construction industry professional" means:
(A) an architect;
(B) a professional engineer;
(C) a construction industry contractor;
(D) a construction industry equipment dealer; or
(E) any other person engaged in the construction industry.
(7) "Program" refers to the construction industry disaster
volunteer program established by section 30 of this chapter.
(8) "Emergency management worker" includes any:
(A) volunteer other than a person participating in the
program; or
(B) full-time or part-time paid or auxiliary employee of:
(i) the state;
(ii) another state, territory, or possession of the United
States, or the District of Columbia;
(iii) the federal government;
(iv) any political subdivision of an entity referred to in
items (i) through (iii); or
(v) any agency or organization;
who performs emergency management services at any
location in Indiana subject to the order or control of, or under
a request of, the state or any political subdivision of the state.
SOURCE: IC 10-4-1-5; (02)HB1001.2.26. -->
SECTION 26. IC 10-4-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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.
(g) The department shall develop a statewide mutual aid program
and a statewide mutual aid agreement.
SOURCE: IC 10-4-1-5.5; (02)HB1001.2.27. -->
SECTION 27. IC 10-4-1-5.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 5.5. (a) As used in this section, "agreement" refers to
the mutual aid agreement created under section 5(g) of this
chapter.
(b) As used in this section, "party" means a unit or state agency
that has entered the agreement.
(c) As used in this section, "unit" has the meaning set forth in
IC 36-1-2-23.
(d) The agreement must be a contract that provides for the
following:
(1) The procedures for the provision of mutual aid.
(2) The term of the agreement and the method by which the
agreement may be rescinded or terminated by a party before
the termination date.
(3) The terms and conditions governing reimbursement for
any assistance provided.
(4) The terms and conditions governing insurance.
(5) The terms and conditions governing the assignment of
liability. A party to the agreement is not liable for a claim
made against or arising out of conduct of any other party to
the agreement or the personnel of another party.
(6) The role of the department.
(7) Other terms and conditions needed to implement a
statewide mutual aid program.
(e) Whenever an employee of a party is rendering outside aid
under the authority of an agreement, the employee has the same
powers, duties, rights, privileges, and immunities as if the employee
were performing the duties within the employee's normal
jurisdiction.
(f) A mutual aid arrangement or agreement entered by a unit
under IC 36-1-7 before July 1, 2002, remains valid after July 1,
2002.
SOURCE: IC 10-4-1-8; (02)HB1001.2.28. -->
SECTION 28. IC 10-4-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) All functions
under this chapter and all other activities relating to emergency
management are governmental functions.
(b) During the pendency of a disaster emergency declared under
this chapter, neither:
(1) the state;
nor
(2) any political subdivision of the state;
nor
(3) any other agencies of the state or political subdivision of the
state; nor
(4) except in cases of willful misconduct, gross negligence, or bad
faith, any:
(A) construction industry professional who is participating
in the program;
(B) person employing a construction industry professional
who is participating in the program; or
(C) 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
an activity.
(c) 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) (d) 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) (e) 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.
SOURCE: IC 10-4-1-20; (02)HB1001.2.29. -->
SECTION 29. IC 10-4-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. (a)
Subsection
(c) does not apply to a construction industry professional who is
participating in the program.
(b) 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) (c) 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) (d) 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) (c) to emergency management and disaster
personnel; and
(2) may delegate that authority to designated deputies and
assistants as may be approved by the director.
SOURCE: IC 10-4-1-25; (02)HB1001.2.30. -->
SECTION 30. IC 10-4-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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:
(1) its use or destruction was ordered by the governor or a
member of the disaster emergency forces of this state; or
(2) the property was volunteered as a part of the construction
industry disaster volunteer program.
(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.
SOURCE: IC 10-4-1-30; (02)HB1001.2.31. -->
SECTION 31. IC 10-4-1-30 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 30. (a) The construction industry disaster
volunteer program is established.
(b) The department shall establish and administer the program.
(c) The program consists of construction industry professionals
who have volunteered their:
(1) personal services; or
(2) equipment, manned and unmanned;
or both, to assist the department at the time of a disaster
emergency declared under this chapter.
(d) A construction industry professional who has volunteered
for the program shall provide personal services or equipment, or
both, upon terms and conditions specified by the director and
agreed to by the construction industry professional.
(e) A construction industry professional participating in the
program is entitled to receive reimbursement of expenses actually
incurred for:
(1) actual and necessary travel;
(2) subsistence;
(3) maintenance expenses; and
(4) other expenses as approved by the director;
while engaged in duties during a disaster emergency declared
under this chapter.
(f) Section 8 of this chapter applies to a construction industry
professional who is participating in the program.
(g) The department shall adopt rules under IC 4-22-2 to
implement this section.
SOURCE: IC 10-4-1-31; (02)HB1001.2.32. -->
SECTION 32. IC 10-4-1-31 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 31. Any immunity provided by this chapter
does not impair the right of any person to pursue a claim governed
by IC 34-20.
SOURCE: IC 12-17.4-4-11; (02)HB1001.2.33. -->
SECTION 33. IC 12-17.4-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) The division
shall deny a license when an applicant fails to meet the requirements
for a license. The division shall deny a license to an applicant who has
been convicted of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(b)). (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was
entered in another state.
The division may deny a license to an applicant who has been
convicted of a felony that is not listed in this subsection.
(b) The division shall send written notice by certified mail that the
application has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made not more than thirty (30) days after receiving the written
notice under subsection (b).
(d) An administrative hearing shall be held not more than sixty (60)
days after receiving a written request.
(e) An administrative hearing shall be held in accordance with
IC 4-21.5-3.
(f) The division shall issue a decision not more than sixty (60) days
after the conclusion of a hearing.
SOURCE: IC 20-5-2-8; (02)HB1001.2.34. -->
SECTION 34. IC 20-5-2-8, AS AMENDED BY P.L.197-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) This section applies to:
(1) a school corporation; and
(2) an entity:
(A) with which the school corporation contracts for services;
and
(B) that has employees who are likely to have direct, ongoing
contact with children within the scope of the employees'
employment.
(b) A school corporation or entity may use information obtained
under section 7 of this chapter concerning an individual's conviction for
one (1) of the following offenses as grounds to not employ or contract
with the individual:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from
the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1) unless ten (10) years have elapsed from
the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent as a Class B felony
(IC 35-46-1-4(b)(2)) unless ten (10) years have elapsed from the
date the individual was discharged from probation, imprisonment,
or parole, whichever is later.
(15) Child selling
(IC 35-46-1-4(c)). (IC 35-46-1-4(d)).
(16) Contributing to the delinquency of a minor (IC 35-46-1-8)
unless ten (10) years have elapsed from the date the individual
was discharged from probation, imprisonment, or parole,
whichever is later.
(17) An offense involving a weapon under IC 35-47
or
IC 35-47.5 unless ten (10) years have elapsed from the date the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(18) An offense relating to controlled substances under
IC 35-48-4 unless ten (10) years have elapsed from the date the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3 unless ten (10)
years have elapsed from the date the individual was discharged
from probation, imprisonment, or parole, whichever is later.
(20) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5 unless five (5) years have elapsed
from the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(21) An offense that is substantially equivalent to any of the
offenses listed in this subsection in which the judgment of
conviction was entered under the law of any other jurisdiction.
(c) An individual employed by a school corporation or an entity
described in subsection (a) shall notify the governing body of the
school corporation if during the course of the individual's employment
the individual is convicted in Indiana or another jurisdiction of an
offense described in subsection (b).
SOURCE: IC 22-12-6-6; (02)HB1001.2.35. -->
SECTION 35. IC 22-12-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) The commission
may adopt rules under IC 4-22-2 setting a fee schedule for the
following:
(1) Fireworks display permits issued under IC 22-11-14-2.
(2) Explosives magazine permits issued under
IC 22-14-4.
IC 35-47.5-4.
(3) Design releases issued under IC 22-15-3.
(4) Certification of industrialized building systems and mobile
structures under IC 22-15-4.
(5) Inspection of regulated amusement devices under IC 22-15-7.
(6) Application fees for variance requests under IC 22-13-2-11
and inspection fees for exemptions under IC 22-13-4-5.
(b) Fee schedules set under this section must be sufficient to pay all
of the costs, direct and indirect, that are payable from the fund into
which the fee must be deposited, after deducting other money deposited
in the fund. In setting these fee schedules, the commission may
consider differences in the degree or complexity of the activity being
performed for each fee.
(c) The fee schedule set for design releases issued under subsection
(a)(3) may not be changed more than one (1) time each year. The
commission may include in this fee schedule a fee for the review of
plans and specifications and, if a political subdivision does not have a
program to periodically inspect the construction covered by the design
release, a fee for inspecting the construction.
(d) The fee schedule set under subsection (a) for design releases
may provide that a portion of the fees collected shall be deposited in
the statewide fire and building safety education fund established under
section 3 of this chapter.
SOURCE: IC 22-13-3-1; (02)HB1001.2.36. -->
SECTION 36. IC 22-13-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. The commission
shall adopt fire safety rules that prohibit the following:
(1) The storage of regulated explosives (as defined in
IC 35-47.5-2-13) in quantities exceeding the maximum quantity
specified by the commission.
(2) The storage of regulated explosives (as defined in
IC 35-47.5-2-13) at a site that is located less than the minimum
distance specified by the commission from a railroad, highway, or
other place of habitation or assembly.
(3) The use of a receptacle, burning fixture or equipment, heating
fixture or equipment, or structure for an explosive, flammable, or
other combustible matter that does not meet the design and
composition standards specified by the commission.
(4) The keeping, storage, use, manufacture, sale, handling,
transportation, or disposition of an explosive, flammable, or other
combustible matter in violation of any other requirements
specified by the commission.
SOURCE: IC 22-13-3-2; (02)HB1001.2.37. -->
SECTION 37. IC 22-13-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) This section
applies to the following laboratories:
(1) Analytical laboratories approved by the office of the state fire
marshal under the alternative criteria established by the
commission in its rules.
(2) Laboratories that are:
(A) operated by a college, university, school, or other
educational entity for the purpose of instruction or research;
and
(B) approved by the office of the state fire marshal under the
alternative criteria established by the commission in the rules.
(b) The commission may:
(1) apply different rules to the manufacture of regulated
explosives
(as defined in IC 35-47.5-2-13) in a laboratory
described in subsection (a) than apply to other places where
regulated explosives
(as defined in IC 35-47.5-2-13) are
manufactured; and
(2) adopt rules under IC 4-22-2 to exempt laboratories described
in subsection (a) from the regulated explosive magazines permit
requirement under IC 22-14-4. IC 35-47.5-4.
SOURCE: IC 31-19-11-1; (02)HB1001.2.38. -->
SECTION 38. IC 31-19-11-1, AS AMENDED BY P.L.200-1999,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) Whenever the court has heard the evidence
and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16 indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given; and
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c);
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the department's
affidavit under IC 31-19-5-16 is filed with the court as provided under
subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(b)). (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in
subdivisions (1) through (18) for which the conviction was
entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (11), (12), (16), or
(17), or its equivalent under subdivision (19), if the offense was not
committed within the immediately preceding five (5) year period.
SOURCE: IC 34-24-1-1; (02)HB1001.2.39. -->
SECTION 39. IC 34-24-1-1, AS AMENDED BY P.L.17-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-41-1), if they are used or are
intended for use by the person or persons in possession of them to
transport or in any manner to facilitate the transportation of the
following:
(A) A controlled substance for the purpose of committing,
attempting to commit, or conspiring to commit any of the
following:
(i) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(ii) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(iii) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(iv) Dealing in a schedule V controlled substance
(IC 35-48-4-4).
(v) Dealing in a counterfeit substance (IC 35-48-4-5).
(vi) Possession of cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-6).
(vii) Dealing in paraphernalia (IC 35-48-4-8.5).
(viii) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10).
(B) Any stolen (IC 35-43-4-2) or converted property
(IC 35-43-4-3) if the retail or repurchase value of that property
is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-6-6.
(D) A bomb (as defined in IC 35-41-1-4.3) or weapon of
mass destruction (as defined in IC 35-41-1-29.4) used to
commit, used in an attempt to commit, or used in a
conspiracy to commit an offense under IC 35-47 as part of
or in furtherance of an act of terrorism (as defined by
IC 35-41-1-26.5).
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property
used to commit, used
in an attempt to commit, or used in a conspiracy to commit an
offense under IC 35-47 as part of or in furtherance of an act
of terrorism or commonly used as consideration for a violation
of IC 35-48-4 (other than items subject to forfeiture under
IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal statute.
(3) Any portion of real or personal property purchased with
money that is traceable as a proceed of a violation of a criminal
statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal
confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
(IC 35-42-4-3), or child exploitation (IC 35-42-4-4),
or an
offense under IC 35-47 as part of or in furtherance of an act
of terrorism.
(5) Real property owned by a person who uses it to commit any of
the following as a Class A felony, a Class B felony, or a Class C
felony:
(A) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(B) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(C) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(D) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5-4(11).
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-41-1-23) or an enterprise (as
defined by IC 35-45-6-1) that is the object of a corrupt business
influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in
IC 35-45-13-6) and plans, instructions, or publications used to
commit an offense under IC 35-45-13.
(10) Destructive devices used, possessed, transported, or sold
in violation of IC 35-47.5.
(b) A vehicle used by any person as a common or contract carrier in
the transaction of business as a common or contract carrier is not
subject to seizure under this section, unless it can be proven by a
preponderance of the evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in conduct that subjects it to
seizure under subsection (a).
(c) Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
consideration for a violation of IC 35-48-4 found near or on a person
who is committing, attempting to commit, or conspiring to commit any
of the following offenses shall be admitted into evidence in an action
under this chapter as prima facie evidence that the money, negotiable
instrument, security, or other thing of value is property that has been
used or was to have been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-48-4-1 (dealing in or manufacturing cocaine, a narcotic
drug, or methamphetamine).
(2) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(3) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(4) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Class B felony.
(5) IC 35-48-4-6 (possession of cocaine, a narcotic drug, or
methamphetamine) as a Class A felony, Class B felony, or Class
C felony.
(6) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as
a Class C felony.
SOURCE: IC 34-24-1-4; (02)HB1001.2.40. -->
SECTION 40. IC 34-24-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) At the hearing,
the prosecuting attorney must show by a preponderance of the evidence
that the property was within the definition of property subject to seizure
under section 1 of this chapter. If the property seized was a vehicle, the
prosecuting attorney must also show by a preponderance of the
evidence that a person who has an ownership interest of record in the
bureau of motor vehicles knew or had reason to know that the vehicle
was being used in the commission of the offense.
(b) If the prosecuting attorney fails to meet the burden of proof, the
court shall order the property released to the owner.
(c) If the court enters judgment in favor of the state, or the state and
a unit (if appropriate), the court, subject to section 5 of this chapter,
shall order delivery to the law enforcement agency that seized the
property. The court's order may permit the agency to use the property
for a period not to exceed three (3) years. However, the order must
require that, after the period specified by the court, the law
enforcement agency shall deliver the property to the county sheriff for
public sale.
(d) If the court enters judgment in favor of the state, or the state and
a unit (if appropriate), the court shall, subject to section 5 of this
chapter:
(1) determine the amount of law enforcement costs; and
(2) order that:
(A) the property, if it is not money or real property, be sold
under section 6 of this chapter, by the sheriff of the county in
which the property was seized, and if the property is a vehicle,
this sale must occur after any period of use specified in
subsection (c);
(B) the property, if it is real property, be sold in the same
manner as real property is sold on execution under IC 34-55-6;
(C) the proceeds of the sale or the money be:
(i) deposited in the general fund of the state, or the unit that
employed the law enforcement officers that seized the
property;
or
(ii) deposited in the general fund of a unit if the property
was seized by a local law enforcement agency of the unit
for an offense, an attempted offense, or a conspiracy to
commit an offense under IC 35-47 as part of or in
furtherance of an act of terrorism; and
(D) any excess in value of the proceeds or the money over the
law enforcement costs be forfeited and transferred to the
treasurer of state for deposit in the common school fund.
(e) If property that is seized under this chapter (or IC 34-4-30.1-4
before its repeal) is transferred:
(1) after its seizure, but before an action is filed under section 3
of this chapter (or IC 34-4-30.1-3 before its repeal); or
(2) when an action filed under section 3 of this chapter (or
IC 34-4-30.1-3 before its repeal) is pending;
the person to whom the property is transferred must establish an
ownership interest of record as a bona fide purchaser for value. A
person is a bona fide purchaser for value under this section if the
person, at the time of the transfer, did not have reasonable cause to
believe that the property was subject to forfeiture under this chapter.
(f) If the property seized was an unlawful telecommunications
device (as defined in IC 35-45-13-6) or plans, instructions, or
publications used to commit an offense under IC 35-45-13, the court
may order the sheriff of the county in which the person was convicted
of an offense under IC 35-45-13 to destroy as contraband or to
otherwise lawfully dispose of the property.
SOURCE: IC 34-30-2-37; (02)HB1001.2.41. -->
SECTION 41. IC 34-30-2-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37. IC 10-4-1-8
(Concerning the state, political subdivisions, and emergency
management workers , and construction industry professionals for
injury, death, or property damage).
SOURCE: IC 35-38-2.5-4.7; (02)HB1001.2.42. -->
SECTION 42. IC 35-38-2.5-4.7, AS ADDED BY P.L.137-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4.7. As used in this chapter, "violent offender"
means a person who is:
(1) convicted of an offense or attempted offense, except for an
offense under IC 35-42-4 or IC 35-46-1-3, under IC 35-50-1-2(a),
IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5,
IC 35-45-10-5, or IC 35-47-5-1 (repealed), or IC 35-47.5-5;
(2) charged with an offense or attempted offense listed in
IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1,
IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1 (repealed), or
IC 35-47.5-5; or
(3) a security risk as determined under section 10 of this chapter.
SOURCE: IC 35-41-1-8; (02)HB1001.2.43. -->
SECTION 43. IC 35-41-1-8, AS AMENDED BY P.L.156-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. "Deadly weapon" means the following:
(1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in
IC 35-47-8-3) or electronic stun weapon (as defined in
IC 35-47-8-1), equipment, chemical substance, or other material
that in the manner it is used, or could ordinarily be used, or is
intended to be used, is readily capable of causing serious bodily
injury.
(3) An animal (as defined in IC 35-46-3-3) that is:
(A) readily capable of causing serious bodily injury; and
(B) used in the commission or attempted commission of a
crime.
(4) A biological disease, virus, or organism that is capable of
causing serious bodily injury.
SOURCE: IC 35-41-1-8.5; (02)HB1001.2.44. -->
SECTION 44. IC 35-41-1-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 8.5. "Destructive device" has the
meaning set forth in IC 35-47.5-2-4.
SOURCE: IC 35-41-1-10.7; (02)HB1001.2.45. -->
SECTION 45. IC 35-41-1-10.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 10.7. "Food processing facility"
means a facility used to prepare or process animal, plant, or other
food ingredients into food products intended for sale or
distribution to the general public for human consumption.
SOURCE: IC 35-43-1-1; (02)HB1001.2.46. -->
SECTION 46. IC 35-43-1-1, AS AMENDED BY P.L.88-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) A person who, by means of fire,
or
explosive,
or destructive device, knowingly or intentionally damages:
(1) a dwelling of another person without the other person's
consent;
(2) property of any person under circumstances that endanger
human life;
(3) property of another person without the other person's consent
if the pecuniary loss is at least five thousand dollars ($5,000); or
(4) a structure used for religious worship without the consent of
the owner of the structure;
commits arson, a Class B felony. However, the offense is a Class A
felony if it results in either bodily injury or serious bodily injury to any
person other than a defendant.
(b) A person who commits arson for hire commits a Class B felony.
However, the offense is a Class A felony if it results in bodily injury to
any other person.
(c) A person who, by means of fire, or explosive, or destructive
device, knowingly or intentionally damages property of any person
with intent to defraud commits arson, a Class C felony.
(d) A person who, by means of fire, or explosive, or destructive
device, knowingly or intentionally damages property of another person
without the other person's consent so that the resulting pecuniary loss
is at least two hundred fifty dollars ($250) but less than five thousand
dollars ($5,000) commits arson, a Class D felony.
SOURCE: IC 35-43-1-2; (02)HB1001.2.47. -->
SECTION 47. IC 35-43-1-2, AS AMENDED BY P.L.100-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces
property of another person without the other person's consent; or
(2) knowingly or intentionally causes another to suffer pecuniary
loss by deception or by an expression of intention to injure
another person or to damage the property or to impair the rights
of another person;
commits criminal mischief, a Class B misdemeanor. However, the
offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars
($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged was a car or equipment of a
railroad company being operated on a railroad right-of-way;
or
(iv) the property damage or defacement was caused by paint
or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or
impairment of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the damage causes substantial interruption or
impairment of work conducted in a scientific research
facility; or
(v) the damage is to a law enforcement animal (as defined in
IC 35-46-3-4.5); or
(vi) the damage causes substantial interruption or
impairment of work conducted in a food processing
facility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the
property that is damaged, commits institutional criminal mischief, a
Class A misdemeanor. However, the offense is a Class D felony if the
pecuniary loss is at least two hundred fifty dollars ($250) but less than
two thousand five hundred dollars ($2,500), and a Class C felony if the
pecuniary loss is at least two thousand five hundred dollars ($2,500).
(c) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(d) The court may rescind an order for suspension or invalidation
under subsection (c) and allow the person to receive a license or permit
before the period of suspension or invalidation ends if the court
determines that:
(1) the person has removed or painted over the graffiti or has
made other suitable restitution; and
(2) the person who owns the property damaged or defaced by the
criminal mischief or institutional criminal mischief is satisfied
with the removal, painting, or other restitution performed by the
person.
SOURCE: IC 35-43-2-2; (02)HB1001.2.48. -->
SECTION 48. IC 35-43-2-2, AS AMENDED BY P.L.259-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or
intentionally enters the real property of another person after
having been denied entry by the other person or that person's
agent;
(2) not having a contractual interest in the property, knowingly or
intentionally refuses to leave the real property of another person
after having been asked to leave by the other person or that
person's agent;
(3) accompanies another person in a vehicle, with knowledge that
the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or
intentionally enters the dwelling of another person without the
person's consent; or
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Class D felony if it is committed on a scientific research
facility, on a food processing facility, on school property, or on a
school bus or the person has a prior unrelated conviction for an offense
under this section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this
section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a manner
that is either prescribed by law or likely to come to the attention
of the public.
(c) Subsections (a) and (b) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response
personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue
a person or animal from harm's way or to remove an object that
the person reasonably believes poses an imminent threat to life or
limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a
private crossing site approved by the railroad carrier to obtain
access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier
to go on specified railroad property.
(8) A representative of the Indiana department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while
engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board
while engaged in the performance of official duties.
SOURCE: IC 35-43-5-3.6; (02)HB1001.2.49. -->
SECTION 49. IC 35-43-5-3.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3.6. A person who knowingly or
intentionally obtains, possesses, transfers, or uses the identifying
information of another person with intent to:
(1) commit terrorism; or
(2) obtain or transport a weapon of mass destruction;
commits terroristic deception, a Class C felony.
SOURCE: IC 35-44-2-2; (02)HB1001.2.50. -->
SECTION 50. IC 35-44-2-2, AS AMENDED BY P.L.156-2001,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
(b) A person who reports, by telephone, telegraph, mail, or other
written or oral communication, that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D
felony.
(c) A person who:
(1) gives a false report of the commission of a crime or gives false
information in the official investigation of the commission of a
crime, knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false; or
(4) gives a false report concerning a missing child (as defined in
IC 10-1-7-2) or gives false information in the official
investigation of a missing child knowing the report or information
to be false;
commits false informing, a Class B misdemeanor. However, the offense
is a Class A misdemeanor if it substantially hinders any law
enforcement process or if it results in harm to an innocent person.
SOURCE: IC 35-45-1-3; (02)HB1001.2.51. -->
SECTION 51. IC 35-45-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. A person who
recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being
asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor. However, the
offense is a Class D felony if it adversely affects airport security
and is committed in an airport (as defined in IC 8-21-1-1) or on the
premises of an airport, including in a parking area, a maintenance
bay, or an aircraft hangar.
SOURCE: IC 35-45-6-1; (02)HB1001.2.52. -->
SECTION 52. IC 35-45-6-1, AS AMENDED BY P.L.17-2001,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph,
recording, or other tangible item containing compiled data from which
information can be either obtained or translated into a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two (2)
incidents of racketeering activity that have the same or similar intent,
result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit, to
conspire to commit a violation of, or aiding and abetting in a violation
of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Child exploitation (IC 35-42-4-4).
(9) Robbery (IC 35-42-5-1).
(10) Carjacking (IC 35-42-5-2).
(11) Arson (IC 35-43-1-1).
(12) Burglary (IC 35-43-2-1).
(13) Theft (IC 35-43-4-2).
(14) Receiving stolen property (IC 35-43-4-2).
(15) Forgery (IC 35-43-5-2).
(16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) Bribery (IC 35-44-1-1).
(18) Official misconduct (IC 35-44-1-2).
(19) Conflict of interest (IC 35-44-1-3).
(20) Perjury (IC 35-44-2-1).
(21) Obstruction of justice (IC 35-44-3-4).
(22) Intimidation (IC 35-45-2-1).
(23) Promoting prostitution (IC 35-45-4-4).
(24) Promoting professional gambling (IC 35-45-5-4).
(25) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(26) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(27) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(30) Money laundering (IC 35-45-15-5).
(31) A violation of IC 35-47.5-5.
SOURCE: IC 35-45-15-5; (02)HB1001.2.53. -->
SECTION 53. IC 35-45-15-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) A person that
knowingly or intentionally:
(1) acquires or maintains an interest in, receives, conceals,
possesses, transfers, or transports the proceeds of criminal
activity;
(2) conducts, supervises, or facilitates a transaction involving the
proceeds of criminal activity; or
(3) invests, expends, receives, or offers to invest, expend, or
receive, the proceeds of criminal activity or funds that are the
proceeds of criminal activity, and the person knows that the
proceeds or funds are the result of criminal activity;
commits money laundering, a Class D felony. However, the offense is:
(A) a Class C felony if the value of the proceeds or funds is at
least fifty thousand dollars ($50,000);
(B) a Class C felony if a person commits the crime with the
intent to:
(i) commit or promote an act of terrorism; or
(ii) obtain or transport a weapon of mass destruction;
and
(C) a Class B felony if the value of the proceeds or funds is
at least fifty thousand dollars ($50,000) and a person
commits the crime with the intent to:
(i) commit or promote an act of terrorism; or
(ii) obtain or transport a weapon of mass destruction.
(b) It is a defense to prosecution under this section that the person
acted with intent to facilitate the lawful seizure, forfeiture, or
disposition of funds or other legitimate law enforcement purpose under
Indiana or United States law.
(c) It is a defense to prosecution under this section that:
(1) the transaction was necessary to preserve a person's right to
representation as guaranteed by the Sixth Amendment of the
United States Constitution or Article 1, Section 13, of the
Constitution of the State of Indiana; or
(2) the funds were received as bona fide legal fees by a licensed
attorney and, at the time of the receipt of the funds, the attorney
did not have actual knowledge that the funds were derived from
criminal activity.
SOURCE: IC 35-47-5-8; (02)HB1001.2.54. -->
SECTION 54. IC 35-47-5-8, AS AMENDED BY P.L.104-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. A person who owns or possesses
(1) a machine gun or
(2) a bomb;
commits a Class C felony.
SOURCE: IC 35-47-5-9; (02)HB1001.2.55. -->
SECTION 55. IC 35-47-5-9, AS AMENDED BY P.L.104-2000,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 9. A person who
(1) operates a loaded machine gun or
(2) hurls, drops, places, or detonates a bomb;
commits a Class B felony.
SOURCE: IC 35-47-5-10; (02)HB1001.2.56. -->
SECTION 56. IC 35-47-5-10, AS AMENDED BY P.L.104-2000,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 10. The provisions of sections 8 or 9 of this
chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States,
National Guard of Indiana, or Indiana State Guard, when on duty
or practicing.
(2) Machine guns or bombs kept for display as relics and which
are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United
States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of
fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of
manufacturing, assembling, conducting research on, or testing
machine guns, bombs, airplanes, tanks, armored vehicles, or
ordnance equipment or supplies while acting within the scope of
such business.
(7) Persons possessing, or having applied to possess, machine
guns under applicable United States statutes. Such machine guns
must be transferred as provided in this article.
(8) Persons lawfully engaged in the manufacture, transportation,
distribution, use or possession of any material, substance, or
device for the sole purpose of industrial, agricultural, mining,
construction, educational, or any other lawful use.
SOURCE: IC 35-47-7-5; (02)HB1001.2.57. -->
SECTION 57. IC 35-47-7-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 5. The:
(1) physician who treats a person; or
(2) administrator or the administrator's designee of the
hospital or outpatient surgical center where a person was
treated;
who knows or should know that the physician or hospital is
treating a person for an injury that was inflicted while the person
was making or using a destructive device shall report the case to a
local law enforcement agency not more than seventy-two (72)
hours after the person is treated. The report may be made orally
or in writing.
SOURCE: IC 35-47-12-1; (02)HB1001.2.58. -->
SECTION 58. IC 35-47-12-1, AS ADDED BY P.L.156-2001,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(2) (3) places;
(3) (4) disseminates; or
(4) (5) detonates;
a weapon of mass destruction with the intent to carry out terrorism
commits a Class B felony. However, the offense is a Class A felony if
the conduct results in serious bodily injury or death of any person.
SOURCE: IC 35-47-12-2; (02)HB1001.2.59. -->
SECTION 59. IC 35-47-12-2, AS ADDED BY P.L.156-2001,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(2) (3) places;
(3) (4) disseminates; or
(4) (5) detonates;
a weapon of mass destruction with the intent to damage, destroy,
sicken, or kill crops or livestock of another person without the consent
of the other person commits agricultural terrorism, a Class C felony.
SOURCE: IC 35-47-12-3; (02)HB1001.2.60. -->
SECTION 60. IC 35-47-12-3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. A person who knowingly or
intentionally places or disseminates a device or substance with the
intent to cause a reasonable person to believe that the device or
substance is a weapon of mass destruction (as defined in
IC 35-41-1-29.4), commits terroristic mischief, a Class C felony.
However, the offense is a Class B felony if, as a result of the
terroristic mischief:
(1) a physician prescribes diagnostic testing or medical
treatment for any person other than the person who
committed the terroristic mischief; or
(2) a person suffers serious bodily injury.
SOURCE: IC 35-47.5; (02)HB1001.2.61. -->
SECTION 61. IC 35-47.5 IS ADDED TO THE INDIANA CODE
AS A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
ARTICLE 47.5. CONTROLLED EXPLOSIVES
Chapter 1. Applicability
Sec. 1. This article does not apply to the following:
(1) Fertilizers, propellant actuated devices, or propellant
activated industrial tools:
(A) manufactured;
(B) imported;
(C) distributed; or
(D) used;
for their designed purposes.
(2) A pesticide that is:
(A) manufactured;
(B) stored;
(C) transported;
(D) distributed;
(E) possessed; or
(F) used;
for its designed purposes or in accordance with Chapter 7 of
Title 2, the federal Insecticide, Fungicide, and Rodenticide
Act, 61 Stat. 163, as amended, and the federal Environmental
Pesticide Control Act of 1972, P.L.92-516, as amended.
Chapter 2. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means.
Sec. 3. "Commission" refers to the fire prevention and building
safety commission established by IC 22-12-2-1.
Sec. 4. (a) "Destructive device" means:
(1) an explosive, incendiary, or overpressure device that is
configured as a:
(A) bomb;
(B) grenade;
(C) rocket with a propellant charge of more than four (4)
ounces;
(D) missile having an explosive or incendiary charge of
more than one-quarter (1/4) ounce;
(E) mine;
(F) Molotov cocktail; or
(G) device that is substantially similar to an item described
in clauses (A) through (F);
(2) a type of weapon that may be readily converted to expel a
projectile by the action of an explosive or other propellant
through a barrel that has a bore diameter of more than
one-half (1/2) inch; or
(3) a combination of parts designed or intended for use in the
conversion of a device into a destructive device.
(b) The term does not include the following:
(1) A pistol, rifle, shotgun, or weapon suitable for sporting or
personal safety purposes or ammunition.
(2) A device that is neither designed nor redesigned for use as
a weapon.
(3) A device that, although originally designed for use as a
weapon, is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device.
(4) A surplus military ordnance sold, loaned, or given by
authority of the appropriate official of the United States
Department of Defense.
Sec. 5. "Detonator" means a device containing a detonating
charge that is used to initiate detonation in an explosive, including
the following:
(1) Electric blasting caps.
(2) Blasting caps for use with safety fuses.
(3) Detonating cord delay connectors.
(4) Blasting caps for use with a shock tube.
(5) Improvised devices designed to function as a detonator.
Sec. 6. "Distribute" means the actual, constructive, or
attempted transfer from one (1) person to another.
Sec. 7. "Explosives" means a chemical compound or other
substance or mechanical system intended to produce an explosion
capable of causing injury to persons or damage to property or
containing oxidizing and combustible units or other ingredients in
such proportions or quantities that ignition, fire, friction,
concussion, percussion, or detonation may produce an explosion
capable of causing injury to persons or damage to property,
including the substances designated in IC 35-47.5-3. The term does
not include the following:
(1) A model rocket and model rocket engine designed, sold,
and used to propel recoverable aero models.
(2) A paper cap in which the explosive content does not
average more than twenty-five hundredths (0.25) grains of
explosive mixture per paper cap for toy pistols, toy cannons,
toy canes, toy guns, or other devices using paper caps unless
the paper cap is used as a component of a destructive device.
Sec. 8. "Hoax device" or "replica" means a device or article
that has the appearance of a destructive device or detonator.
Sec. 9. "Incendiary" means a flammable liquid or compound
with a flash point not greater than one hundred fifty (150) degrees
Fahrenheit, as determined by a Tagliabue or an equivalent closed
cup device, including gasoline, kerosene, fuel oil, or a derivative of
these substances.
Sec. 10. "Office" refers to the office of the state fire marshal.
Sec. 11. "Overpressure device" means:
(1) a frangible container filled with an explosive gas or
expanding gas that is designed or constructed to cause the
container to break or fracture in a manner that is capable of
causing death, bodily harm, or property damage; or
(2) a container filled with an explosive gas or expanding gas
or chemicals that generate an expanding gas.
Sec. 12. "Property" means real or personal property of any
kind, including money, choses in action, and other similar interests
in property.
Sec. 13. (a) "Regulated explosive" includes:
(1) a destructive device; and
(2) an explosive.
(b) The term does not include the following:
(1) An explosive in a manufactured article that is designed
and packaged in a manner that is likely to prevent an
explosion resulting in property damage or personal injury. A
manufactured article to which this subdivision applies
includes fixed ammunition for small arms, a firework, and a
safety fuse match.
(2) Gasoline, kerosene, naphtha, turpentine, or benzine.
(3) An explosive that is being transported on or in a vessel,
railroad car, or highway vehicle in conformity with the
regulations adopted by the United States Department of
Transportation.
(4) A blasting explosive that is transported or used for
agricultural purposes and that is in a quantity that does not
exceed two hundred (200) pounds.
(5) Ammonium nitrate or other explosive compounds kept for
mining purposes at coal mines regulated under IC 14-34.
Chapter 3. Classification of Regulated Explosives
Sec. 1. The following materials are regulated explosives within
the meaning of this article:
(1) Acetylides of heavy metals.
(2) Aluminum containing polymeric propellant.
(3) Aluminum ophorite explosive.
(4) Amatex.
(5) Amatol.
(6) Ammonal.
(7) Ammonium nitrate explosive mixtures, cap sensitive.
(8) Ammonium nitrate explosive mixtures, noncap sensitive.
(9) Aromatic nitro-compound explosive mixtures.
(10) Ammonium perchlorate explosive mixtures.
(11) Ammonium perchlorate composite propellant.
(12) Ammonium picrate (picrate of ammonia, explosive D).
(13) Ammonium salt lattice with isomorphously substituted
inorganic salts.
(14) Ammonium tri-iodide.
(15) ANFO (ammonium nitrate-fuel oil).
(16) Baratol.
(17) Baronol.
(18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane)).
(19) Black powder.
(20) Black powder based explosive mixtures.
(21) Blasting agents, nitro-carbo-nitrates, including noncap
sensitive slurry and water-gel explosives.
(22) Blasting caps.
(23) Blasting gelatin.
(24) Blasting powder.
(25) BTNEC (bis (trinitroethyl) carbonate).
(26) Bulk salutes.
(27) BTNEN (bis (trinitroethyl) nitramine).
(28) BTTN (1,2,4 butanetriol trinitrate).
(29) Butyl tetryl.
(30) Calcium nitrate explosive mixture.
(31) Cellulose hexanitrate explosive mixture.
(32) Chlorate explosive mixtures.
(33) Composition A and variations.
(34) Composition B and variations.
(35) Composition C and variations.
(36) Copper acetylide.
(37) Cyanuric triazide.
(38) Cyclotrimethylenetrinitramine (RDX).
(39) Cyclotetramethylenetetranitramine (HMX).
(40) Cyclonite (RDX).
(41) Cyclotol.
(42) DATB (diaminotrinitrobenzene).
(43) DDNP (diazodinitrophenol).
(44) DEGDN (diethyleneglycol dinitrate).
(45) Detonating cord.
(46) Detonators.
(47) Dimethylol dimethyl methane dinitrate composition.
(48) Dinitroethyleneurea.
(49) Dinitroglycerine (glycerol dinitrate).
(50) Dinitrophenol.
(51) Dinitrophenolates.
(52) Dinitrophenyl hydrazine.
(53) Dinitroresorcinol.
(54) Dinitrotoluene-sodium nitrate explosive mixtures.
(55) DIPAM.
(56) Dipicryl sulfone.
(57) Dipicrylamine.
(58) DNDP (dinitropentano nitrile).
(59) DNPA (2,2-dinitropropyl acrylate).
(60) Dynamite.
(61) EDDN (ethylene diamine dinitrate).
(62) EDNA.
(63) Ednatol.
(64) EDNP (ethyl 4,4-dinitropentanoate).
(65) Erythritol tetranitrate explosives.
(66) Esters of nitro substituted alcohols.
(67) EGDN (ethylene glycol dinitrate).
(68) Ethyl-tetryl.
(69) Explosive conitrates.
(70) Explosive gelatins.
(71) Explosive mixtures containing oxygen releasing inorganic
salts and hydrocarbons.
(72) Explosive mixtures containing oxygen releasing inorganic
salts and nitro bodies.
(73) Explosive mixtures containing oxygen releasing inorganic
salts and water insoluble fuels.
(74) Explosive mixtures containing oxygen releasing inorganic
salts and water soluble fuels.
(75) Explosive mixtures containing sensitized nitromethane.
(76) Explosive mixtures containing tetranitromethane
(nitroform).
(77) Explosive nitro compounds of aromatic hydrocarbons.
(78) Explosive organic nitrate mixtures.
(79) Explosive liquids.
(80) Explosive powders.
(81) Flash powder.
(82) Fulminate of mercury.
(83) Fulminate of silver.
(84) Fulminating gold.
(85) Fulminating mercury.
(86) Fulminating platinum.
(87) Fulminating silver.
(88) Gelatinized nitrocellulose.
(89) Gem-dinitro aliphatic explosive mixtures.
(90) Guanyl nitrosamino guanyl tetrazene.
(91) Guanyl nitrosamino guanylidene hydrazine.
(92) Hexogene or octogene and a nitrated N-methylaniline.
(93) Hexolites.
(94) HMX(cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine;
octogen).
(95) Hydrazinium nitrate/hydrazine/aluminum explosive
system.
(96) Hydrazoic acid.
(97) Igniter cord.
(98) Igniters.
(99) Initiating tube systems.
(100) KDNBF (potassium dinitrobenzo-furoxane).
(101) Lead azide.
(102) Lead mannite.
(103) Lead mononitroresorcinate.
(104) Lead picrate.
(105) Lead salts, explosive.
(106) Lead styphnate (styphnate of lead, lead
trinitroresorcinate).
(107) Liquid nitrated polyol and trimethylolethane.
(108) Liquid oxygen explosives.
(109) Magnesium ophorite explosives.
(110) Mannitol hexanitrate.
(111) MDNP (methyl 4,4-dinitropentanoate).
(112) MEAN (monoethanolamine nitrate).
(113) Mercuric fulminate.
(114) Mercury oxalate.
(115) Mercury tartrate.
(116) Metriol trinitrate.
(117) Minol-2 (40% TNT, 40% ammonium nitrate, 20%
aluminum).
(118) MMAN (monomethylamine nitrate); methylamine
nitrate.
(119) Mononitrotoluene-nitroglycerin mixture.
(120) Monopropellants.
(121) NIBTN (nitroisobutametriol trinitrate).
(122) Nitrate sensitized with gelled nitroparaffin.
(123) Nitrated carbohydrate explosive.
(124) Nitrated glucoside explosive.
(125) Nitrated polyhydric alcohol explosives.
(126) Nitrates of soda explosive mixtures.
(127) Nitric acid and a nitro aromatic compound explosive.
(128) Nitric acid and carboxylic fuel explosive.
(129) Nitric acid explosive mixtures.
(130) Nitro aromatic explosive mixtures.
(131) Nitro compounds of furane explosive mixtures.
(132) Nitrocellulose explosive.
(133) Nitroderivative of urea explosive mixture.
(134) Nitrogelatin explosive.
(135) Nitrogen trichloride.
(136) Nitrogen tri-iodide.
(137) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate,
trinitroglycerine).
(138) Nitroglycide.
(139) Nitroglycol (ethylene glycol dinitrate, EGDN).
(140) Nitroguanidine explosives.
(141) Nitroparaffins explosive grade and ammonium nitrate
mixtures.
(142) Nitronium perchlorate propellant mixtures.
(143) Nitrostarch.
(144) Nitro substituted carboxylic acids.
(145) Nitrourea.
(146) Octogen (HMX).
(147) Octol (75% HMX, 25% TNT).
(148) Organic amine nitrates.
(149) Organic nitramines.
(150) PBX (RDX and plasticizer).
(151) Pellet powder.
(152) Penthrinite composition.
(153) Pentolit.
(154) Perchlorate explosive mixtures.
(155) Peroxide based explosive mixtures.
(156) PETN (nitropentaerythrite, pentaerythrite tetranitrate,
pentaerythritol tetranitrate).
(157) Picramic acid and its salts.
(158) Picramide.
(159) Picrate of potassium explosive mixtures.
(160) Picratol.
(161) Picric acid (manufactured as an explosive).
(162) Picryl chloride.
(163) Picryl fluoride.
(164) PLX (95% nitromethane, 5% ethylenediamine).
(165) Polynitro aliphatic compounds.
(166) Polyolpolynitrate-nitrocellulose explosive gels.
(167) Potassium chlorate and lead sulfocyanate explosive.
(168) Potassium nitrate explosive mixtures.
(169) Potassium nitroaminotetrazole.
(170) Pyrotechnic compositions.
(171) PYX (2,6-bis(picrylamino)-3,5-dinitropyridine).
(172) RDX (cyclonite, hexogen, T4,cyclo-l,3,
5,-trimethylene-2,4,6,-rinitramine;
hexahydro-l,3,5-trinitro-S-triazine).
(173) Safety fuse.
(174) Salutes (bulk).
(175) Salts of organic amino sulfonic acid explosive mixture.
(176) Silver acetylide.
(177) Silver azide.
(178) Silver fulminate.
(179) Silver oxalate explosive mixtures.
(180) Silver styphnate.
(181) Silver tartrate explosive mixtures.
(182) Silver tetrazene.
(183) Slurried explosive mixtures of water, inorganic
oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive.
(184) Smokeless powder.
(185) Sodatol.
(186) Sodium amatol.
(187) Sodium azide explosive mixture.
(188) Sodium dinitro-ortho-cresolate.
(189) Sodium nitrate-potassium nitrate explosive mixture.
(190) Sodium picramate.
(191) Special fireworks (as defined in IC 22-11-14-1).
(192) Squibs.
(193) Styphnic acid explosives.
(194) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6a
tetrazapentalene).
(195) TATB (triaminotrinitrobenzene).
(196) TATP (triacetone triperoxide).
(197) TEGDN (triethylene glycol dinitrate).
(198) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl
tetrazene hydrate).
(199) Tetranitrocarbazole.
(200) Tetryl (2,4,6 tetranitro-N-methylaniline).
(201) Tetrytol.
(202) Thickened inorganic oxidizer salt slurried explosive
mixture.
(203) TMETN (trimethylolethane trinitrate).
(204) TNEF (trinitroethyl formal).
(205) TNEOC (trinitroethylorthocarbonate).
(206) TNEOF (trinitroethylorthoformate).
(207) TNT (trinitrotoluene, trotyl, trilite, triton).
(208) Torpex.
(209) Tridite.
(210) Trimethylol ethyl methane trinitrate composition.
(211) Trimethylolthane trinitrate-nitrocellulose.
(212) Trimonite.
(213) Trinitroanisole.
(214) Trinitrobenzene.
(215) Trinitrobenzoic acid.
(216) Trinitrocresol.
(217) Trinitro-meta-cresol.
(218) Trinitronaphthalene.
(219) Trinitrophenetol.
(220) Trinitrophloroglucinol.
(221) Trinitroresorcinol.
(222) Tritonal.
(223) Urea nitrate.
(224) Water bearing explosives having salts of oxidizing acids
and nitrogen bases, sulfates, or sulfamates, cap sensitive.
(225) Water in oil emulsion explosive compositions.
(226) Xanthamonas hydrophilic colloid explosive mixture.
Chapter 4. Registration and Control
Sec. 1. The office shall carry out a program to periodically
inspect places where regulated explosives are manufactured.
Sec. 2. (a) The office may order any person engaged in the
manufacture or handling of a regulated explosive and any person
with control over a place where regulated explosives are
manufactured or handled to maintain insurance covering fire and
explosion losses. The order is not effective until sixty (60) days after
the date that notice of the order is received.
(b) The state fire marshal shall specify the insurance required
under subsection (a) in an amount not less than ten thousand
dollars ($10,000) or more than two hundred fifty thousand dollars
($250,000).
(c) Proof of the insurance required under this section must be
maintained with the department of insurance.
(d) The insurance commissioner may exempt a person from the
insurance requirements under this section if an applicant for the
exemption submits proof that the applicant has the financial ability
to discharge all judgments in the amount specified by the state fire
marshal. The insurance commissioner may revoke an exemption
under this subsection if the commissioner requires additional proof
of financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exempted
person has failed to provide adequate proof of financial
ability.
Sec. 3. The office shall carry out a program to periodically
inspect places where regulated explosives are stored.
Sec. 4. (a) The office shall issue a regulated explosives magazine
permit to maintain an explosives magazine to an applicant who
qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year
after it is issued. The permit is limited to storage of the types and
maximum quantities of explosives specified in the permit in the
place covered by the permit and under the construction and
location requirements specified in the rules of the commission.
Sec. 5. (a) To qualify for a regulated explosives permit, an
applicant must:
(1) submit information on the form provided by the state fire
marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that
will be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located
from the nearest highway, railway, and structure that is
also used as a place of habitation or assembly other than
for the manufacture of explosives;
(2) demonstrate through an inspection that the magazine is
constructed and located in accordance with the rules adopted
by the commission; and
(3) pay the fee under IC 22-12-6-6.
(b) To qualify for the renewal of a regulated explosives permit,
the applicant must pay the fee under IC 22-12-6-6.
Sec. 6. (a) This section does not apply to storage that is
exempted from the requirements of this section in the rules
adopted by the commission under IC 22-13-3.
(b) A person who:
(1) stores a regulated explosive;
(2) has control over a regulated explosive that is stored; or
(3) has control over a place where a regulated explosive is
stored;
without a regulated explosives magazine permit issued under this
chapter that covers the storage commits a Class C infraction.
Sec. 7. A physician or hospital that knows or should know that
the physician or hospital is treating a person for an injury inflicted
while the person was making or using a destructive device shall
report the injury to a local law enforcement agency under
IC 35-47-7-5.
Chapter 5. Offenses Relating to Regulated Explosives
Sec. 1. Sections 2, 3, 4, 5, and 6 of this chapter do not apply to
the following:
(1) A person authorized to manufacture, possess, transport,
distribute, or use a destructive device or detonator under the
laws of the United States, as amended, or under Indiana law
when the person is acting in accordance with the laws,
regulations, and rules issued under federal or Indiana law.
(2) A person who is issued a permit for blasting or surface
coal mining by the director of the department of natural
resources under IC 14-34 when the person is acting under the
laws and rules of Indiana and any ordinances and regulations
of the political subdivision or authority of the state where
blasting or mining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a person
authorized by the laws of Indiana and of the United States to
manufacture, possess, distribute, transport, store, exhibit,
display, or use fireworks.
(4) A law enforcement agency, a fire service agency, or an
emergency management agency of Indiana, an agency or an
authority of a political subdivision of the state or the United
States, and an employee or authorized agent of the United
States while in performance of official duties.
(5) A law enforcement officer, a fire official, or an emergency
management official of the United States or any other state if
that person is attending training in Indiana.
(6) The armed forces of the United States or of Indiana.
(7) Research or educational programs conducted by or on
behalf of a college, university, or secondary school that are:
(A) authorized by the chief executive officer of the
educational institution or the officer's designee; or
(B) conducted under the policy of the educational
institution;
and conducted in accordance with the laws of the United
States and Indiana.
(8) The use of explosive materials in medicines and medicinal
agents in forms prescribed by the most recent published
edition of the official United States Pharmacopoeia or the
National Formulary.
(9) Small arms ammunition and reloading components of
small arms ammunition.
(10) Commercially manufactured black powder in quantities
not to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational,
or cultural purposes in antique firearms or antique devices.
(11) An explosive that is lawfully possessed for use in
legitimate agricultural or business activities.
Sec. 2. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a destructive device, unless authorized by law, commits a Class C
felony.
Sec. 3. A person who has been convicted of a felony by an
Indiana court or a court of any other state, the United States, or
another country and knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a regulated explosive commits a Class C felony. However, the
offense is a Class B felony if the person has a prior unrelated
conviction for an offense under this section.
Sec. 4. A person who knowingly or intentionally distributes a
regulated explosive to a person who has been convicted of a felony
by an Indiana court or a court of another state, the United States,
or another country commits a Class C felony.
Sec. 5. A person who knowingly or intentionally distributes or
offers to distribute:
(1) a destructive device;
(2) an explosive; or
(3) a detonator;
to a person who is less than eighteen (18) years of age commits a
Class B felony.
Sec. 6. A person who:
(1) manufactures;
(2) possesses;
(3) transports;
(4) distributes; or
(5) uses;
a hoax device or replica with the intent to cause another to believe
that the hoax device or replica is a destructive device or detonator
commits a Class D felony.
Sec. 7. A person who knowingly or intentionally hinders or
obstructs:
(1) a law enforcement officer;
(2) a fire official;
(3) an emergency management official;
(4) an animal trained to detect destructive devices; or
(5) a robot or mechanical device designed or used by a law
enforcement officer, fire official, or emergency management
official;
of Indiana or of the United States in the detection, disarming, or
destruction of a destructive device commits a Class B felony.
Sec. 8. A person who:
(1) possesses;
(2) transports; or
(3) receives;
a destructive device or explosive with the knowledge or intent that
it will be used to kill, injure, or intimidate an individual or to
destroy property commits a Class A felony.
Sec. 9. A person who knowingly or intentionally uses an
overpressure device commits a Class A misdemeanor. However,
the offense is a Class D felony if the person has a prior unrelated
conviction for an offense under this section.
Sec. 10. A person who knowingly or intentionally deploys a
booby trap commits a Class D felony.
SOURCE: IC 4-20.5-6-6; IC 22-12-1-21; IC 22-14-4; IC 35-47-5-1.
; (02)HB1001.2.62. -->
SECTION 62. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]: IC 4-20.5-6-6; IC 22-12-1-21; IC 22-14-4;
IC 35-47-5-1.
SOURCE: ; (02)HB1001.2.63. -->
SECTION 63. [EFFECTIVE JULY 1, 2002] (a) As used in this
SECTION, "committee" refers to the interim study committee on
terrorism established by this SECTION.
(b) There is established the interim study committee on
terrorism. The committee shall study issues related to terrorism.
(c) The committee shall operate under the policies governing
study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(e) This SECTION expires January 1, 2003.
SOURCE: ; (02)HB1001.2.64. -->
SECTION 64. [EFFECTIVE JULY 1, 2002] (a) After June 30,
2002, a reference to the powers, duties, or functions of security
officers of the Indiana department of administration in any statute
or rule shall be treated as a reference to the state police
department established by IC 10-1-1-1.
(b) This SECTION expires July 1, 2005.
SOURCE: ; (02)HB1001.2.65. -->
SECTION 65. [EFFECTIVE JULY 1, 2002]
(a) As used in this
SECTION, "department" refers to the Indiana department of
administration created by IC 4-13-1-2.
(b) As used in this SECTION, "security officer activity" refers
to all activities of the department that relate to the department's
security officers under IC 4.
(c) As used in this SECTION, "state police" refers to the state
police department established by IC 10-1-1-1.
(d) The security officer activity of the department is abolished,
and all powers, duties, and functions adhering to the security
officer activity of the department or the commissioner of the
department are transferred to the state police.
(e) The property and records of the security officer activity of
the department are transferred to the state police.
(f) This SECTION expires July 2, 2002.
SOURCE: ; (02)HB1001.2.66. -->
SECTION 66. [EFFECTIVE JULY 1, 2002]
(a) As used in this
SECTION, "department" refers to the Indiana department of
administration created by IC 4-13-1-2.
(b) As used in this SECTION, "police employee" has the
meaning set forth in IC 10-1-1-2.
(c) As used in this SECTION, "security officer activity" refers
to all activities of the department that relate to the department's
security officers under IC 4.
(d) As used in this SECTION, "state police" refers to the state
police department established by IC 10-1-1-1.
(e) The special police employees of the state police assigned to
security activities under IC 10-1-1-29 or IC 10-1-1-30, both as
added by this act, shall initially be composed of the employees of
the department who are employed on June 30, 2002, as part of its
security officer activity. Civilian employees of the department that
support the security officer activity become employees of the state
police.
(f) Except as provided in subsection (g), an employee of the
department who becomes a member of the state police under
subsection (e) on July 1, 2002:
(1) is entitled to have the employee's service under the
department before July 1, 2002, included for the purpose of
computing all applicable employment rights and benefits with
the security section;
(2) is a member of the state retirement fund or pension plan
in which the employee was a member on June 30, 2002; and
(3) if the employee was covered on June 30, 2002, by a labor
agreement to which the state is a party, shall continue to be
subject to the terms and conditions of the agreement and any
successor labor agreements entered into by the state.
(g) An employee of the department who:
(1) becomes a member of the state police under subsection (e);
and
(2) becomes a state police officer after fulfilling the law
enforcement training requirements and all other
requirements of the state police department;
is not entitled to have the employee's service under the department
or the security section included for the purpose of computing all
applicable employment rights and benefits as a state police officer.
(h) Positions of the department that are used to perform, or are
in support of, the security officer activity that are vacant on June
30, 2002, are transferred to the state police.
(i) This subsection does not apply to an employee described in
subsection (g). The salary of an employee of the department who
becomes a member of the state police under subsection (e) does not
change upon transfer to the state police.
(j) This subsection does not apply to an employee described in
subsection (g). An employee of the department on June 30, 2002,
who becomes a member of the state police under subsection (e) has
the same rank the employee held on June 30, 2002.
(k) All leases and obligations entered into by the department
related to the activities of the department's security officers under
IC 4 before July 1, 2002, that are legal and valid before July 1,
2002, are legal and valid after June 30, 2002.
SOURCE: ; (02)HB1001.2.67. -->
SECTION 67. [EFFECTIVE JULY 1, 2002] (a) As used in this
SECTION, "security officer activity" refers to all activities of the
Indiana department of administration that relate to the
department's security officers under IC 4.
(b) Any appropriations made to the Indiana department of
administration for security officer activity or in support of security
officer activity are transferred to the state police department
established by IC 10-1-1-1, as added by this act.
(c) This SECTION expires July 1, 2003.
SOURCE: ; (02)HB1001.2.68. -->
SECTION 68. [EFFECTIVE JULY 1, 2002] This act does not
affect the legality of an enforcement action, including an arrest,
performed by a security officer of the Indiana department of
administration before July 1, 2002.
SOURCE: ; (02)HB1001.2.69. -->
SECTION 69. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "officer" means a person who is:
(1) a security officer with the Indiana department of
administration on June 30, 2002; and
(2) an employee of the state police department assigned to
security activities after June 30, 2002;
under the provisions of this act.
(b) The superintendent of the state police department shall
make available to an officer law enforcement training:
(1) required by the superintendent; and
(2) at a time that enables the officer to complete the training
not later than July 1, 2003.
(c) This SECTION expires July 2, 2003.
SOURCE: ; (02)HB1001.2.70. -->
SECTION 70. [EFFECTIVE JULY 1, 2002] IC 35-43-1-2,
IC 35-43-2-2, IC 35-45-1-3, IC 35-45-15-5, IC 35-47-12-1, and
IC 35-47-12-2, all as amended by this act, and IC 35-43-5-3.6 and
IC 35-47-12-3, both as added by this act, apply only to acts
committed after June 30, 2002.
SOURCE: ; (02)HB1001.2.71. -->
SECTION 71. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 9-24-6-2, as amended by this act, the bureau
of motor vehicles commission shall carry out the duties imposed
upon it under IC 9-24-6-2, as amended by this act, under interim
written guidelines approved by the commissioner of the bureau of
motor vehicles.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-24-6-2.
(2) December 31, 2002.
SOURCE: ; (02)HB1001.2.72. -->
SECTION 72. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 10-4-1-30(g), as added by this act, the state
emergency management agency shall carry out the duties imposed
upon it by IC 10-4-1-30, as added by this act, under interim written
guidelines approved by the director.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 10-4-1-30(g).
(2) June 30, 2003.
SOURCE: ; (02)HB1001.2.73. -->
SECTION 73. [EFFECTIVE JULY 1, 2002] (a) The general
assembly finds that the state needs the construction, equipping,
renovation, refurbishing, or alteration of communications system
infrastructure (as defined in IC 5-26-5-1, as added by this act).
(b) The general assembly finds that the state will have a
continuing need for use and occupancy of the communications
system infrastructure described in subsection (a). The general
assembly authorizes the state office building commission to provide
the communications system infrastructure described in subsection
(a) under IC 4-13.5-1 and IC 4-13.5-4, including the borrowing of
money or the issuance and sale of bonds, or both, under
IC 4-13.5-4.
SOURCE: ; (02)HB1001.2.74. -->
SECTION 74.
An emergency is declared for this act.