SB 431-1_ Filed 04/26/2011, 14:39
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 431
Citations Affected: IC 9-27-5-1; IC 9-30-6-5; IC 10-20; IC 10-20.1; IC 21-45-3.
Synopsis: Department of toxicology. Conference committee report for ESB 431. Creates the
department of toxicology as a state agency. (Currently, the department of toxicology is part of
Indiana University.) Makes conforming changes. Creates the toxicology department advisory
board. Repeals the law pertaining to the department of toxicology that is part of Indiana
University. (This conference committee report replaces the 11 member toxicology
department advisory council with a three member advisory board to assist with the
transition from Indiana University to a state agency.)
Effective: Upon passage; July 1, 2011.
CONFERENCE COMMITTEE REPORT
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 431 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 9-27-5-1; (11)CC043101.1. -->
SECTION 1. IC 9-27-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The state, in recognition of
the need for and lack of adequate information regarding the role of
alcohol, carbon monoxide, and certain drugs in fatalities occurring as
a result of traffic accidents involving motor vehicles, requires specific
information pertaining to Indiana. The information, to be of value in
the evaluation of the traffic accident rate in Indiana, must be gathered,
prepared, and interpreted on the basis of local conditions. It is
recognized that the extrapolation of information gathered in other states
will not provide accurate information in view of the variables
introduced by demographic differences and a multitude of
environmental factors that differ from state to state.
(b) In recognition of the need for the information described in
subsection (a), the director of the state department of toxicology,
Indiana University School of Medicine, in conjunction with the office
of traffic safety, shall conduct a study of the incidence and effect of
alcohol, carbon monoxide, and certain drugs in all motor vehicle traffic
accidents involving a fatality.
SOURCE: IC 9-30-6-5; (11)CC043101.2. -->
SECTION 2. IC 9-30-6-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The director of the state
department of toxicology
of the Indiana University school of medicine
shall adopt rules under IC 4-22-2 concerning the following:
(1) Standards and regulations for the:
(B) training; and
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
of breath test equipment and chemicals.
(3) The certification of the proper technique for administering a
(b) Certificates issued in accordance with rules adopted under
subsection (a) shall be sent to the clerk of the circuit court in each
county where the breath test operator, equipment, or chemicals are used
to administer breath tests. However, failure to send a certificate does
not invalidate any test.
(c) Certified copies of certificates issued in accordance with rules
adopted under subsection (a):
(1) are admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15;
(2) constitute prima facie evidence that the equipment or
(A) was inspected and approved by the state department of
toxicology on the date specified on the certificate copy; and
(B) was in proper working condition on the date the breath test
was administered if the date of approval is not more than one
hundred eighty (180) days before the date of the breath test;
(3) constitute prima facie evidence of the approved technique for
administering a breath test; and
(4) constitute prima facie evidence that the breath test operator
was certified by the state department of toxicology on the date
specified on the certificate.
(d) Results of chemical tests that involve an analysis of a person's
breath are not admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under
SOURCE: IC 10-20; (11)CC043101.3. -->
SECTION 3. IC 10-20 IS ADDED TO THE INDIANA CODE AS
ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 20. STATE DEPARTMENT OF TOXICOLOGY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
Sec. 2. "Department" refers to the state department of
toxicology established by IC 10-20-2-1.
Sec. 3. "Director" refers to the director of the state department
of toxicology appointed under IC 10-20-2-2.
Chapter 2. State Department of Toxicology
Sec. 1. The state department of toxicology is established as a
department of state government.
Sec. 2. The governor shall appoint a director of the department.
The director has the authority to carry out the responsibilities of
the department. The director:
(1) serves at the governor's pleasure;
(2) is entitled to receive compensation in an amount set by the
(3) is qualified by education and experience to administer the
affairs of the department.
Sec. 3. The director may appoint employees in the manner
provided by IC 4-15-2 and fix their compensation, subject to the
approval of the budget agency under IC 4-12-1-13.
Sec. 4. (a) The department shall do the following:
(1) Conduct analyses for poisons, drugs, and alcohols upon
human tissues and fluids submitted by:
(A) Indiana coroners, prosecuting attorneys, and sheriffs;
(B) authorized officials of the Indiana state police and
Indiana city police departments; and
(C) officials of hospitals;
in cases of suspected poisoning or intoxication of human
(2) Report the analytical findings of the department to the
official requesting the analyses.
(3) Consult with Indiana coroners and coroner's physicians
regarding the interpretation of the analytical findings.
(b) The personnel of the department shall furnish expert
testimony regarding the department's analytical findings in all
legal hearings, including criminal prosecutions related to the
Sec. 5. The department has the following duties:
(1) Provide instruction in toxicology to law enforcement
officers and certify law enforcement officers as required by
the statutes for the administration of breath and other
(2) Provide instruction and technical assistance as needed to
prosecutors and defense counsel for the proper:
(A) administration of test results into evidence; or
(B) exclusion of test results from evidence.
(3) Provide instruction to judges concerning toxicology and
the science of alcohol and drug testing as needed to improve
the administration of justice.
(4) Provide information to the public concerning chemical
testing and the science of toxicology to advance a better
understanding of the system of justice in Indiana.
Sec. 6. The department shall conduct research on the following:
(1) The detection of toxic compounds that may be components
of drugs or medicines or may be present in pesticides used for
agricultural or other purposes.
(2) The treatment of poisoning from toxic substances.
Sec. 7. (a) After June 30, 2011, a reference in any law, rule,
contract, or other document or record to the state department of
toxicology established under IC 21-45-3 shall be treated as a
reference to the department.
(b) On July 1, 2011, the property and obligations of the state
department of toxicology established under IC 21-45-3 are
transferred to the department.
(c) Money that is in any fund or account administered by the
state department of toxicology established under IC 21-45-3 on
June 30, 2011, shall be transferred to the department.
(d) This section expires July 1, 2012.
SOURCE: IC 10-20.1; (11)CC043101.4. -->
SECTION 4. IC 10-20.1 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
ARTICLE 20.1. TOXICOLOGY DEPARTMENT ADVISORY
Chapter 1. Toxicology Department Advisory Board
Sec. 1. (a) As used in this section, "board" means the toxicology
advisory board established by subsection (b).
(b) The toxicology advisory board is established to assist in the
transition of the state department of toxicology from the Indiana
University School of Medicine to the state department of toxicology
under IC 10-20. The board shall provide guidance on:
(1) the transition to the department;
(2) obtaining accreditation by a nationally recognized
organization that sets toxicology standards; and
(3) recommendations for additional legislation needed
regarding the ongoing operations of the department of
(c) The board consists of three (3) members appointed by the
governor. Each member must have expertise and experience in
toxicology. One (1) of the members must be a judge or retired
judge who is knowledgeable in the area of toxicology and in
training in toxicology issues.
(c) Service on the board does not constitute holding a public
(d) Each member of the board is not entitled to the minimum
salary per diem provide by IC 4-10-11-2.1(b). A member is entitled
to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(e) The affirmative votes of a majority of the members are
required for the board to take action on any measure, including
(f) The board shall deliver a report to the governor and the
legislative council by September 1, 2012. The report to the
legislative council must be in an electronic format under IC 5-14-6.
(g) This article expires December 21, 2012.
SOURCE: IC 21-45-3; (11)CC043101.5. -->
SECTION 5. IC 21-45-3 IS REPEALED [EFFECTIVE JULY 1,
SOURCE: ; (11)CC043101.6. -->
SECTION 6. An emergency is declared for this act.
(Reference is to ESB 431 as reprinted April 8, 2011.)
Conference Committee Report
Engrossed Senate Bill 431
Senator WyssRepresentative Foley
Senator ArnoldRepresentative Lawson L
Senate Conferees House Conferees