Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Interstate and International Cooperation     , to which was referred       Senate Bill 455     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 8, line 17; (03)AM045504.8. -->     Page 8, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 10-13-2-12; (03)AM045504.10. -->     "SECTION 10. IC 10-13-2-12, AS ADDED BY SEA 257-2003, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) It is the intent of the general assembly in enacting this chapter to provide information and data with reference to the total criminal justice system that will be equally beneficial to all officers, agencies, and components of the criminal justice system to better perform their respective duties for the overall improvement of criminal justice. Rules adopted under this chapter shall be drafted to express this intent.
    (b) If a public official:
        (1) is required by the rules to report to the division; and
        (2) fails to comply with:
            (A) the requests of the superintendent for information or data;

or
            (B) the rules governing records and systems and equipment and their maintenance;
the director of the criminal justice planning agency may deny the public official the benefits of the system until the public official complies with the rules.
    (c) An official who knowingly, intentionally, or recklessly makes a false return of information to the division commits a Class A misdemeanor.

SOURCE: IC 10-14-3-16; (03)AM045504.11. -->     SECTION 11. IC 10-14-3-16, AS ADDED BY SEA 257-2003, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. (a) The director of a local organization for emergency management may develop or cause to be developed mutual aid arrangements with other public and private agencies within Indiana for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. An arrangement must be consistent with the state emergency management program and state emergency operations plan. During an emergency, a local organization for emergency management and the agency shall render assistance in accordance with the provisions of the mutual aid arrangement.
    (b) The director of a local organization for emergency management and disaster:
        (1) may assist in the negotiation of reciprocal mutual aid agreements between the governor and the adjoining state or the state's political subdivisions; and
        (2) shall carry out arrangements or any agreement relating to the local and political subdivision.
    (c) This subsection applies when the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services. The governor may, with the concurrence of the affected counties, delineate by executive order or regulation an interjurisdictional area adequate to plan for, prevent, or respond to disaster in that area, and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency operations plan, mutual aid, or an area organization for emergency management planning and services. A finding of the governor under this subsection must be based on one (1) or more factors related to the

difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system on a unijurisdictional basis, including the following factors:
        (1) Small or sparse population.
        (2) Limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome.
        (3) Unusual vulnerability to disaster as evidenced by a history of disaster, topographical features, drainage characteristics, disaster potential, and presence of disaster prone facilities or operations.
        (4) The interrelated character of the counties in a multicounty area.
        (5) Other relevant conditions or circumstances.
    (d) If the governor finds that:
        (1) a vulnerable area lies partly in Indiana and includes territory in another state or states; and
        (2) it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster;
the governor shall take steps to establish an interstate relationship. If action under this subsection is taken with jurisdictions that have enacted the interstate emergency management and disaster assistance compact, any resulting agreement or agreements may be considered supplemental agreements under article 6 7 of the compact.
    (e) If the other jurisdiction or jurisdictions with which the governor proposes to cooperate under subsection (d) have not enacted the interstate emergency management and disaster assistance compact, the governor may negotiate special agreements with the jurisdiction or jurisdictions. An agreement, if sufficient authority for making the agreement does not otherwise exist, becomes effective only:
        (1) after the agreement's text has been communicated to the general assembly; and
        (2) if a house of the general assembly does not disapprove of the agreement by the later of:
            (A) the date of adjournment of the next ensuing session that is competent to consider the agreement; or
            (B) not more than thirty (30) days after the date of the submission of the agreement.

SOURCE: IC 10-14-3-17; (03)AM045504.12. -->     SECTION 12. IC 10-14-3-17, AS ADDED BY SEA 257-2003,

SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17. (a) A political subdivision is:
        (1) within the jurisdiction of; and
        (2) served by;
a department of emergency management or by an interjurisdictional agency responsible for disaster preparedness and coordination of response.
    (b) A county shall:
        (1) maintain a county emergency management advisory council and a county emergency management organization; or
        (2) participate in an interjurisdictional disaster agency that, except as otherwise provided under this chapter, may have jurisdiction over and serve the entire county.
    (c) The county emergency management advisory council consists of the following individuals or their designees:
        (1) The president of the county executive or, if the county executive does not have a president, a member of the county executive appointed from the membership of the county executive.
        (2) The president of the county fiscal body.
        (3) The mayor of each city located in the county.
        (4) An individual representing the legislative bodies of all towns located in the county.
        (5) Representatives of private and public agencies or organizations that can assist emergency management considered appropriate by the county emergency management advisory council.
        (6) One (1) commander of a local civil air patrol unit in the county or the commander's designee.
    (d) The county emergency management advisory council shall do the following:
        (1) Exercise general supervision and control over the emergency management and disaster program of the county.
        (2) Select or cause to be selected, with the approval of the county executive, a county emergency management and disaster director who:
            (A) has direct responsibility for the organization, administration, and operation of the emergency management

program in the county; and
            (B) is responsible to the chairman of the county emergency management advisory council.
    (e) Notwithstanding any provision of this chapter or other law to the contrary, the governor may require a political subdivision to establish and maintain a disaster agency jointly with one (1) or more contiguous political subdivisions with the concurrence of the affected political divisions if the governor finds that the establishment and maintenance of an agency or participation in one (1) is necessary by circumstances or conditions that make it unusually difficult to provide:
        (1) disaster prevention;
        (2) preparedness;
        (3) response; or
        (4) recovery services;
under this chapter.
    (f) A political subdivision that does not have a disaster agency and has not made arrangements to secure or participate in the services of an agency shall have an emergency management director designated to facilitate the cooperation and protection of that political subdivision in the work of:
        (1) disaster prevention;
        (2) preparedness;
        (3) response; and
        (4) recovery.
    (g) The county emergency management and disaster director and personnel of the department may be provided with appropriate:
        (1) office space;
        (2) furniture;
        (3) vehicles;
        (4) communications;
        (5) equipment;
        (6) supplies;
        (7) stationery; and
        (8) printing;
in the same manner as provided for personnel of other county agencies.
    (h) Each local or interjurisdictional agency shall:
        (1) prepare; and
        (2) keep current;


a local or interjurisdictional disaster emergency plan for its area.
    (i) The local or interjurisdictional disaster agency shall prepare and distribute to all appropriate officials a clear and complete written statement of:
        (1) the emergency responsibilities of all local agencies and officials; and
        (2) the disaster chain of command.
    (j) Each political subdivision may:
        (1) appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management and disaster purposes, provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster resulting from enemy attack, provide for a comprehensive insurance program for its emergency management volunteers, and direct and coordinate the development of an emergency management program and emergency operations plan in accordance with the policies and plans set by the federal emergency management agency and the state emergency management agency;
        (2) appoint, employ, remove, or provide, with or without compensation:
            (A) rescue teams;
            (B) auxiliary fire and police personnel; and
            (C) other emergency management and disaster workers;
        (3) establish:
            (A) a primary; and
            (B) one (1) or more secondary;
        control centers to serve as command posts during an emergency;
        (4) subject to the order of the governor or the chief executive of the political subdivision, assign and make available for duty the employees, property, or equipment of the political subdivision relating to:
            (A) firefighting;
            (B) engineering;
            (C) rescue;
            (D) health, medical, and related services;
            (E) police;
            (F) transportation;
            (G) construction; and
            (H) similar items or services;
        for emergency management and disaster purposes within or outside the physical limits of the political subdivision; and
        (5) in the event of a national security emergency or disaster emergency as provided in section 12 of this chapter, waive procedures and formalities otherwise required by law pertaining to:
            (A) the performance of public work;
            (B) the entering into of contracts;
            (C) the incurring of obligations;
            (D) the employment of permanent and temporary workers;
            (E) the use of volunteer workers;
            (F) the rental of equipment;
            (G) the purchase and distribution of supplies, materials, and facilities; and
            (H) the appropriation and expenditure of public funds.
SOURCE: IC 10-14-3-34; (03)AM045504.13. -->     SECTION 13. IC 10-14-3-34, AS ADDED BY SEA 257-2003, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 34. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
SOURCE: IC 10-14-4-12; (03)AM045504.14. -->     SECTION 14. IC 10-14-4-12, AS ADDED BY SEA 257-2003, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
SOURCE: IC 10-15-2-3; (03)AM045504.15. -->     SECTION 15. IC 10-15-2-3, AS ADDED BY SEA 257-2003, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) A quorum consists of eight (8) of the voting members of the foundation described in section 2(b)(2) through 2(b)(6) of this chapter.
    (b) One (1) of the following is necessary for the foundation to take action:
        (1) An affirmative vote by at least a majority of the quorum. eight (8) of the fifteen (15) members.
        (2) A tie vote broken by the executive director.
SOURCE: IC 10-16-1-2.5; (03)AM045504.16. -->     SECTION 16. IC 10-16-1-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2.5. "Armory" means real

property and facilities located on the real property that are used by the military or naval forces of the state for drill, meeting, training, and rendezvous purposes.

SOURCE: IC 10-16-6-1; (03)AM045504.17. -->     SECTION 17. IC 10-16-6-1, AS ADDED BY SEA 257-2003, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. Under Article 12, Section 1 of the Constitution of the State of Indiana, the militia consists of all able-bodied males persons who are
        (1) at least eighteen (18) years of age and
        (2) less than forty-six (46) years of age;
except those persons who are exempted by the laws of the United States or of Indiana.
SOURCE: IC 10-16-7-8; (03)AM045504.18. -->     SECTION 18. IC 10-16-7-8, AS ADDED BY SEA 257-2003, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) On days of military duty, the Indiana national guard, called out by proper authority and performing military duty, is considered to be under military discipline. An officer or enlisted person is not subject to arrest on any civil process during this time.
     (b) For purposes of this section:
        (1) an attachment for contempt for failure to obey the command of a subpoena to testify is a civil process; and
        (2) a citation for a traffic violation is not a civil process.

SOURCE: IC 10-16-9-3; (03)AM045504.19. -->     SECTION 19. IC 10-16-9-3, AS ADDED BY SEA 257-2003, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) Fines may be collected in the following manner:
        (1) By the retention of any pay or allowances due or to become due from the state. or the United States.
        (2) By commitment to a jail designated by the reviewing authority until the fine is paid or until one (1) day is served for each one dollar ($1) of the fine imposed.
        (3) By payment to the county treasurer. The county treasurer shall immediately transmit the payment to the treasurer of state. The treasurer of state shall quarterly pay the sums to the armory board, and the sums are appropriated continuously for the purposes of IC 10-16-3-11. It is sufficient to record upon the payroll opposite the name of the person fined a notation of the sentence of the

court-martial and the date of approval of the sentence, together with the name and rank of the reviewing authority.
    (b) A sentence of imprisonment imposed by a court-martial during active service or at camps of instruction shall be carried out by confinement in a guardhouse, tent, or other places designated by the reviewing authority. A sentence of imprisonment imposed by court-martial upon persons not in active service or at camps of instruction shall be carried out by confinement in a jail to be designated by the reviewing authority.".

SOURCE: Page 8, line 19; (03)AM045504.8. -->     Page 8, line 19, delete "IC 10-4-2;".
    Page 8, line 19, after "IC 10-4-3;" insert "IC 10-14-7;".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 455 as reprinted February 4, 2003.)

and when so amended that said bill do pass.

__________________________________

Representative Kromkowski


AM045504/DI 47    2003