SB 269-1_ Filed 03/16/2009, 10:22
Your Committee on Veterans Affairs and Public Safety , to which was referred
Senate Bill 269 , 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 1, line 1; (09)CR026901.1. -->
Page 1, delete lines 1 through 15, begin a new paragraph and insert:
SOURCE: IC 10-14-3-28; (09)CR026901.1. -->
"SECTION 1. 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
(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
(2) For an allocation of more than one hundred thousand
recommendation of the director
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)CR026901.2. -->
SECTION 2. 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
(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
(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
(D) who complies with all other requirements established by
SOURCE: Page 2, line 18; (09)CR026901.2. -->
Page 2, delete lines 18 through 23, begin a new paragraph and
" (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
Page 2, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 10-19-8-2; (09)CR026901.5. -->
"SECTION 5. 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
(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
(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
(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
(14) The president pro tempore of the senate or the president pro
(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
(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: Page 3, line 16; (09)CR026901.3. -->
Page 3, delete lines 16 through 17, begin a new line block indented
" (1) be made in writing or electronic mail;
(2) be for one (1) specified meeting; and".
Page 3, line 19, delete "first".
Page 4, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 22-12-6-2; (09)CR026901.8. -->
"SECTION 8. IC 22-12-6-2 IS REPEALED [EFFECTIVE JULY 1,
SOURCE: Page 4, line 26; (09)CR026901.4. -->
Page 4, after line 26, begin a new paragraph and insert:
SOURCE: ; (09)CR026901.10. -->
"SECTION 10. [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
(2) July 1, 2011.
(c) This SECTION expires July 1, 2011.
SOURCE: ; (09)CR026901.11. -->
SECTION 11. [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
(b) This SECTION expires January 1, 2010.
SOURCE: ; (09)CR026901.12. -->
SECTION 12. An emergency is declared by this act.
Renumber all SECTIONS consecutively.
(Reference is to SB 269 as reprinted January 27, 2009.)
and when so amended that said bill do pass.
CR026901/DI 116 2009