February 21, 2012
ENGROSSED
SENATE BILL No. 255
_____
DIGEST OF SB 255
(Updated February 21, 2012 12:02 pm - DI 109)
Citations Affected: IC 6-6; IC 10-19.
Synopsis: Various homeland security matters. Provides that local
emergency planning funds withheld by the state emergency response
commission may be used by the commission for purposes related to
hazardous materials. Authorizes the executive director of the
department of homeland security (executive director) to grant variances
to rules governing the state disaster relief fund.
Effective: July 1, 2012.
Wyss, Arnold
(HOUSE SPONSORS _ FRYE R, GRUBB, YARDE, RIECKEN)
January 4, 2012, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
January 10, 2012, amended, reported favorably _ Do Pass.
January 17, 2012, read second time, ordered engrossed.
January 18, 2012, engrossed.
January 19, 2012, returned to second reading.
January 23, 2012, re-read second time, amended, ordered engrossed.
January 24, 2012, engrossed. Read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
January 31, 2012, read first time and referred to Committee on Veterans Affairs and Public
Safety.
February 21, 2012, reported _ Do Pass.
February 21, 2012
Second Regular Session 117th General Assembly (2012)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2011 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 255
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 6-6-10-9; (12)ES0255.1.1. -->
SECTION 1. IC 6-6-10-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9.
(a) The emergency response
commission may withhold a local emergency planning committee's
funding for failure to provide annually to the commission one (1) of the
following:
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planning
committee's emergency preparedness plan as required under
SARA.
(4) A copy of the current bylaws of the local emergency planning
committee as required by SARA.
(5) Evidence of an exercise of the response plan required under
SARA.
(6) A roster of the current membership of the local emergency
planning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committee meetings
conducted at least two (2) times, on separate days, every six (6)
months as required under IC 13-25-1-6(b)(3).
(b) If the commission withholds funding under subsection (a),
and notwithstanding section 7(a)(1) of this chapter, the commission
may use the balance of the withheld funding for purposes of
hazardous material training, mitigation, preparedness, and
recovery.
SOURCE: IC 10-19-3-8; (12)ES0255.1.2. -->
SECTION 2. IC 10-19-3-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. (a) The executive director may grant a variance to
a rule governing the state disaster relief fund under 290 IAC 1. A
variance granted under this section must promote the effective and
expeditious distribution of relief assistance.
(b) The executive director may grant a variance to a rule under
subsection (a) if an applicant for financial assistance under 290
IAC 1-1 or 290 IAC 1-2 does the following:
(1) Submits to the executive director a written request for the
variance in the form and manner specified by the executive
director.
(2) Documents that compliance with the rule specified in the
application for the variance will create an undue hardship on
the applicant, as determined by the executive director.
(3) Documents that the applicant for the variance will be in
substantial compliance with 290 IAC 1-1 or 290 IAC 1-2, as
applicable, after the variance is granted, as determined by the
executive director.
(4) Documents that noncompliance with the rule specified in
the application for a variance will not be adverse to public
health and safety or the purposes of the fund, as determined
by the executive director.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
executive director. Noncompliance with the alternative method
constitutes the violation of a rule of the executive director and may
be the basis for revoking the variance.
SOURCE: IC 10-19-3-9; (12)ES0255.1.3. -->
SECTION 3. IC 10-19-3-9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
Sec. 9. A variance granted under section 8 of this chapter
expires on the earlier of the following:
(1) The date set by the executive director for the expiration of
the variance.
(2) The occurrence of an event set by the executive director
for the expiration of the variance.