Adopted Rejected
[
]
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