Citations Affected: IC 10-14; IC 16-31-3-14.
Synopsis: Emergency management. Requires the state emergency
management agency to establish a program to certify emergency
management organizations and professional emergency managers.
Requires a county emergency management organization or
interjurisdictional disaster agency in which a county participates to be
certified as an emergency management organization. Requires a county
emergency management and disaster director to be certified as a
professional emergency manager.
Effective: July 1, 2004.
January 12, 2004, read first time and referred to Committee on Transportation and
Homeland Security.
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
SECTION 1. IC 10-14-3-17, AS ADDED BY P.L.115-2003,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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) a county emergency management advisory council; and
(B) a county emergency management organization that is
certified as an emergency management organization under
IC 10-14-10; or
(2) participate in an interjurisdictional disaster agency that:
(A) except as otherwise provided under this chapter, may have
jurisdiction over and serve the entire county; and
(B) is certified as an emergency management organization
under IC 10-14-10.
(c) The following are not required to be certified as emergency
management organizations under IC 10-14-10 until July 1, 2009:
(1) A county emergency management organization that exists
on July 1, 2004.
(2) An interjurisdictional disaster agency in which a county
participates, that exists on July 1, 2004.
This subsection expires July 2, 2009.
(c) (d) 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) (e) 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;
(C) must be a full-time employee of:
(i) the county; or
(ii) two (2) counties acting jointly under IC 36-1-7; and
(D) must be certified as a professional emergency manager
in accordance with IC 10-14-9.
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.
SECTION 2. IC 10-14-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Chapter 9. Professional Emergency Manager Certification
Sec. 1. As used in this chapter, "county organization" means a
county emergency management organization established and
maintained by a county under IC 10-14-3-17.
Sec. 2. As used in this chapter, "disaster agency" means an
interjurisdictional disaster agency in which a county participates
under IC 10-14-3-17.
Sec. 3. As used in this chapter, "disaster director" means a
county emergency management and disaster director.
Sec. 4. As used in this chapter, "manager" refers to a
professional emergency manager certified under this chapter.
Sec. 5. As used in this chapter, "state agency" means the state
emergency management agency.
Sec. 6. Except as provided in IC 10-14-3-17(f) and section 7 of
this chapter:
(1) a disaster director must be certified as a manager under
this chapter; and
(2) a county organization or a disaster agency must be
supervised by a disaster director who is certified as a manager
under this chapter.
Sec. 7. (a) A vacancy in a position of disaster director may be
filled for a period of not more than two (2) years by an individual
with a provisional certification.
(b) On written request of the county emergency management
advisory council, the state agency may issue a provisional
certification to an individual who has been selected to fill a vacancy
in a position of disaster director.
(c) A provisional certification expires on the earliest of the
following:
(1) The date the individual vacates the position of disaster
director for the county that requested the provisional
certification.
(2) The date the individual obtains certification as a manager
under this chapter.
(3) Two (2) years after the date the provisional certification is
issued.
Sec. 8. (a) To be certified as a manager, an individual must:
(1) meet the standards for education and training established
by the state agency; and
(2) successfully complete a written competency examination
approved by the state agency.
(b) A manager certificate expires two (2) years after the date of
its issuance. To renew a certificate, a manager must meet the
education and training renewal standards established by the state
agency.
(c) A manager must comply with the standards established by
the state agency.
Sec. 9. (a) A manager shall keep the state agency informed of the
county organization or disaster agency that employs or supervises
the manager's activities.
(b) A manager shall report to the agency any action by a person,
an organization, or other entity that may justify the revocation or
suspension of a certificate issued by the state agency to the person,
organization, or other entity.
Sec. 10. The state agency shall require an individual to
complete:
(1) education and training requirements for certification as a
manager; and
(2) continuing education and training requirements to
maintain certification as a manager;
that are set by the state agency.
Sec. 11. (a) An education and training course, including a
continuing education and training course, must be:
(1) approved by the state agency; and
(2) conducted by an instructor who meets qualifications
established by the state agency.
(b) A person may not offer or conduct:
(1) an education and training course to fulfill requirements
for certification as a manager; or
(2) a continuing education and training course that is
represented as a course for maintaining manager
certification;
unless the course is approved by the state agency and each
instructor meets the qualifications established by the state agency.
Sec. 12. (a) The state agency shall adopt rules under IC 4-22-2
to implement this chapter.
(b) The rules adopted by the state agency may establish more
than one (1) level of certification for managers with different
education and training standards, competency examinations, and
continuing education requirements for each level established.
Sec. 13. An individual who violates this chapter is subject to
IC 10-14-11.
Sec. 14. An individual who violates this chapter commits a Class
C infraction. Each day of violation constitutes a separate
infraction.
SECTION 3. IC 10-14-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 10. Certification of Emergency Management
Organizations
Sec. 1. As used in this chapter, "county organization" means a
county emergency management organization established and
maintained under IC 10-14-3-17.
Sec. 2. As used in this chapter, "disaster agency" means an
interjurisdictional disaster agency in which a county participates
under IC 10-14-3-17.
Sec. 3. As used in this chapter, "disaster director" means a
county emergency management and disaster director.
Sec. 4. As used in this chapter, "manager" refers to a
professional emergency manager certified under IC 10-14-9.
Sec. 5. As used in this chapter, "state agency" means the state
emergency management agency.
Sec. 6. A county organization or disaster agency must meet the
standards established by the state agency to be certified as an
emergency management organization.
Sec. 7. (a) An emergency management organization certificate
expires two (2) years after the date of its issuance.
(b) A certified emergency management organization must meet
the renewal requirements established by the state agency to renew
a certificate.
Sec. 8. A certified emergency management organization must be
operated in a safe, an efficient, and an effective manner in
accordance with the following requirements and with the
standards established by the state agency:
(1) If the county establishes a county organization, the county
shall have an emergency management advisory council in
accordance with IC 10-14-3-17(d).
(2) An ordinance, resolution, or other measure adopted by:
(A) a county to establish a county emergency management
organization or emergency management program; or
(B) a disaster agency to establish an emergency
management program;
is not effective until it is approved by the state agency.
(3) The disaster director of a certified emergency
management organization must be:
(A) certified as a manager under IC 10-14-9; and
(B) a full-time employee of:
(i) the county; or
(ii) two (2) counties acting jointly under IC 36-1-7.
(4) A certified emergency management organization must
have a current disaster emergency plan in accordance with
IC 10-14-3-17(h). The plan must meet the standards
established by the state agency.
(5) The state agency may require the submission of periodic
reports from a certified emergency management organization.
A certified emergency management organization must submit
the reports in the manner and with the frequency required by
the state agency.
(6) A certified emergency management organization shall
report to the state agency the actions of a person, an
organization, or an entity that may justify the revocation or
suspension of a certificate issued by the state agency to the
person, organization, or entity.
Sec. 9. The state agency shall adopt rules under IC 4-22-2 to
implement this chapter.
Sec. 10. A county organization or disaster agency that violates
this chapter is subject to IC 10-14-11.
Sec. 11. A county organization or disaster agency that violates
this chapter commits a Class C infraction. Each day of violation
constitutes a separate infraction.
SECTION 4. IC 10-14-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 11. Sanctions
Sec. 1. As used in this chapter, "certificate holder" means a
person who holds any certificate issued under IC 10-14-9 or
IC 10-14-10.
Sec. 2. As used in this chapter, "person" means an individual, a
county emergency management organization, or an
interjurisdictional disaster agency.
Sec. 3. As used in this chapter, "state agency" means the state
emergency management agency.
Sec. 4. A person holding a certificate issued under IC 10-14-9 or
IC 10-14-10 must comply with the applicable standards and rules
established under those chapters. A certificate holder is subject to
disciplinary sanctions under section 5 of this chapter, if the state
agency determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating
on a certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under IC 10-14-9 or IC 10-14-10
or rules adopted under IC 10-14-9 or IC 10-14-10;
(4) has been or is convicted of a felony;
(5) has been or is convicted of a misdemeanor, if the act that
resulted in the conviction has a direct bearing on determining
if the certificate holder should be entrusted to act as a
professional emergency manager;
(6) fails to comply and maintain compliance with or violates
any applicable provision, standard, or other requirement of
IC 10-14-9 or IC 10-14-10 or rules adopted under IC 10-14-9
or IC 10-14-10;
(7) continues to practice if the certificate holder becomes unfit
to practice due to addiction to, abuse of, or dependency on
alcohol or other drugs that endanger the public by impairing
the certificate holder's ability to practice safely;
(8) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this
chapter; or
(9) allows a certificate issued by the state agency to be:
(A) used by another person; or
(B) displayed to the public when the certificate is expired,
inactive, invalid, revoked, or suspended.
Sec. 5. The state agency may issue an order under IC 4-21.5-3-6
to impose at least one (1) of the following sanctions if the state
agency determines that a certificate holder is subject to
disciplinary sanctions under section 4 of this chapter:
(1) Revocation of a certificate holder's certificate.
(2) Suspension of a certificate holder's certificate.
(3) Issuance of a letter of reprimand.
Sec. 6. The state agency may deny certification to an applicant
who would be subject to disciplinary sanctions under section 5 of
this chapter if the applicant were a certificate holder or has
practiced without a certificate in violation of the law. In this denial
of certification, the state agency may prohibit the applicant from
reapplying for a certificate for a length of time established by the
state agency.
Sec. 7. A decision of the state agency under section 5 or 6 of this
chapter may appealed to the state agency under IC 4-21.5-3-7.
Sec. 8. The state agency may temporarily suspend a certificate
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the state agency finds that a certificate holder would
represent a clear and immediate danger to the public's health,
safety, or property if the certificate holder were allowed to
continue to practice.
Sec. 9. The state agency may reinstate a certificate that has been
suspended under this chapter if the state agency is satisfied that the
applicant is able to practice with reasonable skill, competency, and
safety to the public. As a condition of reinstatement, the state
agency may impose disciplinary or corrective measures authorized
under this chapter.
Sec. 10. The state agency may not reinstate a certificate that has
been revoked under this chapter.
Sec. 11. The state agency must be consistent in the application
of sanctions authorized under this chapter. Significant departures
from prior decisions involving similar conduct must be explained
in the state agency's findings and orders.
Sec. 12. A certificate holder may not surrender the certificate
holder's certificate without the written approval of the state
agency, and the state agency may impose any conditions
appropriate to the surrender or reinstatement of a surrendered
certificate.
Sec. 13. The state agency shall adopt rules under IC 4-22-2 to
implement this chapter.
community restitution or service without compensation, that
the state emergency management agency considers appropriate
to the public interest or to the rehabilitation or treatment of the
certificate holder.
The state emergency management agency may withdraw or
modify this probation if the state emergency management agency
finds after a hearing that the deficiency that required disciplinary
action is remedied or that changed circumstances warrant a
modification of the order.
(c) If an applicant or a certificate holder has engaged in or
knowingly cooperated in fraud or material deception to obtain a
certificate, including cheating on the certification examination, the
state emergency management agency may rescind the certificate if it
has been granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the certificate
for a length of time established by the state emergency management
agency.
(d) The state emergency management agency may deny certification
to an applicant who would be subject to disciplinary sanctions under
subsection (b) if that person were a certificate holder, has had
disciplinary action taken against the applicant or the applicant's
certificate to practice in another state or jurisdiction, or has practiced
without a certificate in violation of the law. A certified copy of the
record of disciplinary action is conclusive evidence of the other
jurisdiction's disciplinary action.
(e) The state emergency management agency may order a certificate
holder to submit to a reasonable physical or mental examination if the
certificate holder's physical or mental capacity to practice safely and
competently is at issue in a disciplinary proceeding. Failure to comply
with a state emergency management agency order to submit to a
physical or mental examination makes a certificate holder liable to
temporary suspension under subsection (i).
(f) Except as provided under subsection subsections (a) and (g) and
section 14.5 of this chapter, a certificate may not be denied, revoked,
or suspended because the applicant or certificate holder has been
convicted of an offense. The acts from which the applicant's or
certificate holder's conviction resulted may be considered as to whether
the applicant or certificate holder should be entrusted to serve the
public in a specific capacity.
(g) The state emergency management agency may deny, suspend, or
revoke a certificate issued under this chapter if the individual who
holds or is applying for the certificate is convicted of any of the
following:
(1) Possession of cocaine, a narcotic drug, or methamphetamine
under IC 35-48-4-6.
(2) Possession of a controlled substance under IC 35-48-4-7(a).
(3) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(4) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(5) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(6) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(7) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(8) Maintaining a common nuisance under IC 35-48-4-13.
(9) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(12) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described by subdivisions (1)
through (11).
(h) A decision of the state emergency management agency under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The state emergency management agency may temporarily
suspend a certificate holder's certificate under IC 4-21.5-4 before a
final adjudication or during the appeals process if the state emergency
management agency finds that a certificate holder would represent a
clear and immediate danger to the public's health, safety, or property if
the certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified under this chapter or IC 16-31-3.5 has engaged in or is
engaging in a practice that is subject to disciplinary sanctions under
this chapter, the state emergency management agency must initiate an
investigation against the person.
(k) The state emergency management agency shall conduct a
factfinding investigation as the state emergency management agency
considers proper in relation to the complaint.