January 7, 2002, read first time and referred to Committee on Governmental and
Second Regular Session 112th General Assembly (2002)
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between statutes enacted by the 2001 General Assembly.
SENATE BILL No. 165
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
Be it enacted by the General Assembly of the State of Indiana:
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Before July 1 of each
year, the department of state revenue shall distribute the money in the
emergency planning and right to know fund as follows:
(1) Ten percent (10%) allocated to the emergency response
commission and administered by the state emergency
management agency to be used to enhance communication among
local emergency planning committees and between local
emergency planning committees and the emergency response
commission in order to strengthen joint hazardous material
incident response capabilities. Money received as an allocation
under this subdivision does not revert to the state general fund at
the end of a state fiscal year.
(2) The distribution to the hazardous substance response fund
that is authorized for the year by the
(3) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars
(B) To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution by
the number of annual returns filed under section 6(b) of this
chapter in the calendar year preceding the distribution.
STEP TWO: Multiply the quotient determined in STEP
ONE by the number of facilities located in each county.
The department of state revenue may make a distribution to a
county under this subdivision only after receiving notice from the
emergency response commission that the local emergency
planning committee for the county has met the requirements of
(b) The revenue distributed to the county under this section shall be
deposited in a separate fund established by the county for the purpose
(1) preparing and updating a comprehensive emergency response
plan required under 42 U.S.C. 11003 for the county or emergency
(2) establishing and implementing procedures for receiving and
processing requests from the public for information about
hazardous chemicals under Title III of SARA (42 U.S.C. 11001
(3) training for emergency response planning, information
management, and hazardous materials incident response;
(4) equipping a hazardous materials response team that provides
at least a district wide emergency planning response if the
equipment purchased is consistent with current training levels of
the response team members;
(5) purchasing communication equipment for a local emergency
planning committee's administrative use; and
(6) paying an optional stipend to local emergency planning
committee members who attend regularly scheduled meetings at
which a quorum is present in an amount:
(A) determined by a majority of the local emergency planning
committee membership; and
(B) that is not more than twenty dollars ($20) per member per
paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the Indiana emergency response commission.
However, revenue distributed to a county under this section may be
used for the purpose set forth in subdivisions (3) through
if the local emergency planning committee appointed for the county has
prepared and submitted to the emergency response commission an
emergency plan that meets the requirements of 42 U.S.C. 11003(a) and
has received approval for the training programs from the emergency
(c) The fund established under subsection (b) shall be administered
by the county executive. The expenses of administering the fund shall
be paid from money in the fund. Money in the fund not currently
needed to meet the obligations of the fund may be invested in the same
manner as other public funds. Interest that accrues from these
investments shall be deposited in the fund. Money in the fund at the
end of the fiscal year remains in the fund and does not revert to any
(d) Money shall be appropriated by a county fiscal body (as defined
) from a fund established under subsection (b) upon the
receipt by the county fiscal body of the local emergency planning
committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of the local
emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fund
established under subsection (b) for any person or purpose other than
the local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with money
from a fund established under subsection (b) remains under the
direction and control of the local emergency planning committee.
SECTION 2. An emergency is declared for this act.