March 27, 2009





ENGROSSED

SENATE BILL No. 269

_____


DIGEST OF SB 269 (Updated March 18, 2009 4:45 pm - DI 92)



Citations Affected: IC 9-13; IC 9-24; IC 9-29; IC 10-14; IC 10-15; IC 10-19; IC 13-25; IC 22-12; IC 22-14; noncode.

Synopsis: Public safety. Establishes a designation card required for certain police and firefighters to be issued by the bureau of motor vehicles after December 31, 2009. Establishes a fee for an original or replacement designation card to be collected by the bureau of motor vehicles. Specifies the manner of approval for allocations from the emergency management contingency fund. Makes certain changes relating to who is eligible to receive financial assistance from the disaster relief fund. Allows certain members of: (1) the homeland security foundation; and (2) the local emergency planning committees to appoint certain designees for a specified meeting. Allows certain members of the board of firefighting personnel standards and education
(Continued next page)

Effective: Upon passage; July 1, 2009.





Arnold, Wyss
(HOUSE SPONSORS _ TINCHER, TYLER, RUPPEL)




    January 7, 2009, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.
    January 20, 2009, reported favorably _ Do Pass.
    January 26, 2009, read second time, amended, ordered engrossed.
    January 27, 2009, engrossed. Read third time, passed. Yeas 39, nays 9.

HOUSE ACTION

    February 25, 2009, read first time and referred to Committee on Veterans Affairs and Public Safety.
    March 16, 2009, amended, reported _ Do Pass. Referred to Committee on Ways and Means pursuant to Rule 127.
    March 26, 2009, amended, reported _ Do Pass.





Digest Continued

to appoint designees. Adds the chief information officer of the office of technology as a voting member of the counterterrorism and security council. Adds the: (1) minority leader of the senate, or the minority leader's designee; and (2) minority leader of the house of representatives, or the minority leader's designee; as nonvoting members of the counterterrorism and security council. Provides that all amusement and entertainment permits expire one year after the date of issuance. Transfers money in the statewide arson investigation financial assistance fund to the fire and building services fund. Repeals provision that establishes the statewide arson investigation financial assistance fund.



March 27, 2009

First Regular Session 116th General Assembly (2009)


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 2008 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 269



    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-144.3; (09)ES0269.2.1. -->     SECTION 1. IC 9-13-2-144.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 144.3. "Public safety employee", for purposes of IC 9-24-16.5, has the meaning set forth in IC 9-24-16.5-1.
SOURCE: IC 9-24-16.5; (09)ES0269.2.2. -->     SECTION 2. IC 9-24-16.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 16.5. Designation Cards for Members of Police and Fire Departments
    Sec. 1. As used in this chapter, "public safety employee" has the meaning set forth in IC 5-10-8-2.2(b).
    Sec. 2. The bureau shall design a:
        (1) document designating an individual as a public safety employee to be known as a designation card; and
        (2) document upon which a fire chief, police chief, or sheriff may certify that an employee of the department commanded

by that individual is a public safety employee.
The bureau shall confer with representatives of the Professional Firefighters Union of Indiana, the Indiana Firefighters Association, and the Indiana Fraternal Order of Police concerning the information to be solicited for and contained upon the designation card.
    Sec. 3. (a) After December 31, 2009, the bureau shall issue a designation card as described in section 2 of this chapter to an individual who meets the following conditions:

        ( 1) Makes an application.
        (2) Presents the individual's driver's license or state identification card issued by the state.
        (3) Submits the document set forth in section 2(2) of this chapter in which the fire chief, police chief, or sheriff who is the commander of the employing entity of the individual has certified that the individual is a public safety employee.
    (b) An individual who was a public safety employee on December 31, 2009, shall apply for a designation card with the bureau before April 1, 2010.
    (c) An individual who becomes a public safety employee after December 31, 2009, shall apply for a designation card with the bureau not more than ten (10) days after the individual is employed with a fire department, police department, or sheriff's department.
    Sec. 4. The cost for an original or a duplicate designation card is the cost set forth in IC 9-29-9-16.
    Sec. 5. If a designation card issued under this chapter is lost, stolen, or destroyed, the individual to whom the permit or license was issued may obtain a replacement if the individual does the following:
        (1) Furnishes proof satisfactory to the bureau that the designation card was lost, stolen, or destroyed.
        (2) Pays the required fee for a replacement designation card under IC 9-29-9-16.
    Sec. 6. (a) A designation card expires when the public safety employee ceases to be an employee of the fire department, police department, or sheriff's department through which the individual was certified as being a public safety employee.
    (b) A public safety employee shall return the designation card immediately to the fire chief, police chief, or the sheriff who is the commander of the employing entity when the public safety employee ceases to be an employee of the fire department, police

department, or sheriff's department through which the individual was certified as being a public safety employee. The fire chief, police chief, or the sheriff shall return the designation card to the bureau immediately upon receipt of the designation card from the former employee.
    (c) An individual who knowingly, recklessly, or intentionally:
        (1) fails to return the designation card when the person ceases to be a public safety employee and uses the designation card to falsely represent that the person is a public safety employee; or
        (2) uses a designation card of another individual to falsely represent that the individual is a public safety employee;
commits a Class D felony.
    Sec. 7. An individual who violates section 3(b) or 3(c) of this chapter commits a Class C infraction.

SOURCE: IC 9-29-9-16; (09)ES0269.2.3. -->     SECTION 3. IC 9-29-9-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The fee for an original designation card issued under IC 9-24-16.5 is ten dollars ($10).
    (b) The fee for a replacement designation card issued under IC 9-24-16.5 is three dollars ($3).

SOURCE: IC 10-14-3-28; (09)ES0269.2.4. -->     SECTION 4. IC 10-14-3-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28. (a) The general assembly may appropriate the sums necessary to administer this chapter.
    (b) The emergency management contingency fund is established. The fund consists of money appropriated by the general assembly. Money in the fund must be held in reserve and allocated for emergency management purposes as follows:
        (1) For an allocation of not more than one hundred thousand dollars ($100,000), upon the approval of the director and the budget director.
        (2) For an allocation of more than one hundred thousand dollars ($100,000),
upon (1) the recommendation of the director and (2) the approval of the governor. and the budget committee.
     (c) In the event that funding under subsection (b)(2) is used, the agency shall submit an after action report to the budget committee identifying the use of the funds.
SOURCE: IC 10-14-4-6; (09)ES0269.2.5. -->     SECTION 5. IC 10-14-4-6, AS AMENDED BY P.L.57-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. Subject to the restrictions under this chapter, the agency may use money in the fund to provide financial assistance

as follows:
        (1) To an eligible entity that:
            (A) is not an individual;
            (B) contains territory for which a disaster emergency has been declared by the governor;
            (C) has suffered damage to the entity's public facilities because of the disaster for which the disaster emergency was declared;
            (D) has applied to the department for financial assistance in the form of a grant; and
            (E) complies with all other requirements established by the agency.
        (2) To an eligible entity:
            (A) who is an individual;
            (B) whose primary residence is located in territory for which:
                (i) the governor declares a disaster emergency; or
                (ii) (i) the United States Small Business Administration declares a disaster; and
                (ii) there has been no disaster declaration issued by the President of the United States;

            (C) who has suffered damage to the entity's primary residence or individual property because of a disaster described in clause (B); and
            (D) who complies with all other requirements established by the agency.

SOURCE: IC 10-15-2-2; (09)ES0269.2.6. -->     SECTION 6. IC 10-15-2-2, AS AMENDED BY P.L.22-2005, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The foundation consists of nine (9) voting members and four (4) nonvoting advisory members.
    (b) The voting members shall be appointed by the governor. Each Indiana congressional district must be represented by at least one (1) member who is a resident of that congressional district. Not more than five (5) of the members appointed under this subsection may represent the same political party.
    (c) The four (4) nonvoting advisory members are as follows:
        (1) Two (2) members, one (1) from each political party, appointed by the president pro tempore of the senate with advice from the minority leader of the senate.
        (2) Two (2) members, one (1) from each political party, appointed by the speaker of the house of representatives with advice from the minority leader of the house of representatives.
    (d) In the absence of a member, the member's vote may be cast by another member if the member casting the vote has a written proxy in

proper form as required by the foundation.
     (e) A voting member may appoint a designee of the same political party as the voting member to act on the voting member's behalf under this chapter. The designee must reside in the same congressional district as the voting member. An appointment under this section must:
        (1) be for one (1) specified meeting;
        (2) be made in writing or electronic mail submitted to the foundation at least two (2) calendar days before the meeting that the designee attends on behalf of the member; and
        (3) be maintained in the permanent records of the foundation.

SOURCE: IC 10-15-2-3; (09)ES0269.2.7. -->     SECTION 7. IC 10-15-2-3, AS AMENDED BY P.L.22-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A quorum consists of five (5) of the voting members of the foundation.
    (b) The affirmative vote of at least five (5) voting members of the foundation or the members' designees is necessary for the foundation to take action.
SOURCE: IC 10-19-8-2; (09)ES0269.2.8. -->     SECTION 8. IC 10-19-8-2, AS AMENDED BY P.L.120-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The council consists of the following members:
        (1) The lieutenant governor.
        (2) The executive director.
        (3) The superintendent of the state police department.
        (4) The adjutant general.
        (5) The state health commissioner.
        (6) The commissioner of the department of environmental management.
        (7) The director of the Indiana state department of agriculture.
        (8) The chairman of the Indiana utility regulatory commission.
        (9) The commissioner of the Indiana department of transportation.
        (10) The executive director of the Indiana criminal justice institute.
        (11) The commissioner of the bureau of motor vehicles.
        (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 or the speaker's designee.
        (14) The president pro tempore of the senate or the president pro tempore's designee.
        (15) The chief justice of the supreme court.
        (16) The director of the department of natural resources or, if designated by the director, the deputy director who manages the bureau of law enforcement and administration.
        (17) The state veterinarian.
         (18) The minority leader of the house of representatives or the minority leader's designee.
        (19) The minority leader of the senate or the minority leader's designee.

         (20) The chief information officer of the office of technology.
    (b) The members of the council under subsection (a)(13), (a)(14), and (a)(15), (a)(18), and (a)(19) 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.
SOURCE: IC 13-25-1-6; (09)ES0269.2.9. -->     SECTION 9. IC 13-25-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The commission shall do the following:
        (1) Encourage and support the development of emergency planning efforts to provide:
            (A) state government entities;
            (B) local governments; and
            (C) the public;
        with information concerning potential chemical hazards in Indiana.
        (2) Assist the state in complying with the requirements of SARA.
        (3) Design and supervise the operation of emergency planning districts in Indiana.
        (4) Gather and distribute information needed for effective emergency response planning.
    (b) A local emergency planning committee shall do the following:
        (1) Satisfy the requirements of SARA.
        (2) Prepare and submit a roster of committee members to the commission at least one (1) time each year.
        (3) Meet at least two (2) times, on separate days, every six (6) months.
        (4) Prepare and submit the report required under IC 6-6-10-8.
     (c) A local emergency planning committee member who is an employee of a unit (as defined in IC 36-1-2-23) may appoint a designee of the same political party as the committee member to act on the committee member's behalf under this chapter. An appointment under this subsection must:
        (1) be made in writing or electronic mail;
        (2) be for one (1) specified meeting; and
        (3) be submitted to the committee at least two (2) calendar days before the meeting that the designee attends on behalf of the member.

SOURCE: IC 22-12-3-2; (09)ES0269.2.10. -->     SECTION 10. IC 22-12-3-2, AS AMENDED BY P.L.101-2006, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The education board consists of eleven (11) voting members The governor shall appoint nine (9) individuals as voting members of the education board, each to serve a term of four (4) years. as follows:
        (1)
The state fire marshal and or the state fire marshal's designee.
        (2)
The deputy director of the department's division of preparedness and training shall also serve as voting members of the education board. or the director's designee.
        (3) Nine (9) members appointed by the governor, each serving a four (4) year term.

    (b) Each appointed member of the education board must be qualified by experience or education in the field of fire protection and related fields.
    (c) Each appointed member of the education board must be a resident of Indiana.
    (d) The education board must include the following appointed members:
        (1) Seven (7) individuals who are members of fire departments. Appointments under this subdivision must include the following:
            (A) At least one (1) individual who is a full-time firefighter (as defined in IC 36-8-10.5-3).
            (B) At least one (1) individual who is a volunteer firefighter (as defined in IC 36-8-12-2).
            (C) At least one (1) individual who is a fire department officer.
        (2) Two (2) citizens who are not members of a fire department.
SOURCE: IC 22-14-3-2; (09)ES0269.2.11. -->     SECTION 11. IC 22-14-3-2, AS AMENDED BY P.L.57-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) The division shall issue an amusement and entertainment permit to an applicant who qualifies under section 3 of this chapter.
    (b) A permit issued under section 3 of this chapter expires as follows: (1) For a permit issued to a school under section 1(c) of this chapter, one (1) year after the date of issuance. (2) For a permit other than a permit described in subdivision (1), December 31 in the year the

permit is issued. The permit applies only to the place, maximum occupancy, and use specified in the permit.

SOURCE: IC 22-12-6-2; (09)ES0269.2.12. -->     SECTION 12. IC 22-12-6-2 IS REPEALED [EFFECTIVE JULY 1, 2009].
SOURCE: ; (09)ES0269.2.13. -->     SECTION 13. [EFFECTIVE JULY 1, 2009] (a) IC 22-14-3-2, as amended by this act, applies to amusement and entertainment permits issued after June 30, 2009.
    (b) This subsection applies to an unexpired amusement and entertainment permit issued before July 1, 2009. Notwithstanding IC 22-14-3-2, as amended by this act, an amusement and entertainment permit expires one (1) year after the date of issuance.
    (c) This SECTION expires December 31, 2010.

SOURCE: ; (09)ES0269.2.14. -->     SECTION 14. [EFFECTIVE UPON PASSAGE] (a) The department of homeland security may adopt emergency rules to implement IC 10-14-4-6, as amended by this act, in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1.
    (b) An emergency rule adopted under this SECTION expires on the earlier of:
        (1) the date the department of homeland security adopts permanent rules under IC 4-22-2 to replace the emergency rules; or

         (2) July 1, 2011.
    (c) This SECTION expires July 1, 2011.

SOURCE: ; (09)ES0269.2.15. -->     SECTION 15. [EFFECTIVE UPON PASSAGE] (a) On July 1, 2009, all funds in the statewide arson investigation financial assistance fund established by IC 22-12-6-2 (repealed by this act) are transferred to the fire and building services fund established by IC 22-12-6-1.
    (b) This SECTION expires January 1, 2010.

SOURCE: ; (09)ES0269.2.16. -->     SECTION 16. An emergency is declared by this act.