Introduced Version






SENATE BILL No. 255

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-1-8-1; IC 6-6-10-9; IC 10-19-3; IC 16-18-2-121; IC 16-41.

Synopsis: Various homeland security matters. Provides that local emergency planning funds withheld by the state emergency response commission are appropriated to 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. Provides that certain powers and duties concerning radiation and radiation control are shared by the state department of health and the executive director. Makes conforming amendments.

Effective: July 1, 2012.





Wyss, Arnold




    January 4, 2012, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.







Introduced

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 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 2011 Regular Session of the General Assembly.

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 4-1-8-1; (12)IN0255.1.1. -->     SECTION 1. IC 4-1-8-1, AS AMENDED BY P.L.142-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) No individual may be compelled by any state agency, board, commission, department, bureau, or other entity of state government (referred to as "state agency" in this chapter) to provide the individual's Social Security number to the state agency against the individual's will, absent federal requirements to the contrary. However, the provisions of this chapter do not apply to the following:
        (1) Department of state revenue.
        (2) Department of workforce development.
        (3) The programs administered by:
            (A) the division of family resources;
            (B) the division of mental health and addiction;
            (C) the division of disability and rehabilitative services;
            (D) the division of aging; and
            (E) the office of Medicaid policy and planning;
        of the office of the secretary of family and social services.
        (4) Auditor of state.
        (5) State personnel department.
        (6) Secretary of state, with respect to the registration of broker-dealers, agents, and investment advisors.
        (7) The legislative ethics commission, with respect to the registration of lobbyists.
        (8) Indiana department of administration, with respect to bidders on contracts.
        (9) Indiana department of transportation, with respect to bidders on contracts.
        (10) Indiana professional licensing agency.
        (11) Department of insurance, with respect to licensing of insurance producers.
        (12) The department of child services.
        (13) A pension fund administered by the board of trustees of the public employees' retirement fund.
        (14) The Indiana state teachers' retirement fund.
        (15) The state police benefit system.
        (16) The alcohol and tobacco commission.
        (17) The state department of health and the state department of homeland security, for purposes of licensing radiologic technologists under IC 16-41-35-29(c). IC 16-41-35-29(d).
    (b) The bureau of motor vehicles may, notwithstanding this chapter, require the following:
        (1) That an individual include the individual's Social Security number in an application for an official certificate of title for any vehicle required to be titled under IC 9-17.
        (2) That an individual include the individual's Social Security number on an application for registration.
        (3) That a corporation, limited liability company, firm, partnership, or other business entity include its federal tax identification number on an application for registration.
    (c) The Indiana department of administration, the Indiana department of transportation, and the Indiana professional licensing agency may require an employer to provide its federal employer identification number.
    (d) The department of correction may require a committed offender to provide the offender's Social Security number for purposes of matching data with the Social Security Administration to determine benefit eligibility.
    (e) The Indiana gaming commission may, notwithstanding this

chapter, require the following:
        (1) That an individual include the individual's Social Security number:
            (A) in any application for a riverboat owner's license, supplier's license, or occupational license; or
            (B) in any document submitted to the commission in the course of an investigation necessary to ensure that gaming under IC 4-32.2, IC 4-33, and IC 4-35 is conducted with credibility and integrity.
        (2) That a sole proprietorship, a partnership, an association, a fiduciary, a corporation, a limited liability company, or any other business entity include its federal tax identification number on an application for a riverboat owner's license or supplier's license.
    (f) Notwithstanding this chapter, the department of education established by IC 20-19-3-1 may require an individual who applies to the department for a license or an endorsement to provide the individual's Social Security number. The Social Security number may be used by the department only for conducting a background investigation, if the department is authorized by statute to conduct a background investigation of an individual for issuance of the license or endorsement.

SOURCE: IC 6-6-10-9; (12)IN0255.1.2. -->     SECTION 2. 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 balance of

the withheld funds is appropriated to the commission for purposes of hazardous materials training, mitigation, preparedness, and recovery.

SOURCE: IC 10-19-3-8; (12)IN0255.1.3. -->     SECTION 3. 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 the 290 IAC 1 or 290 IAC 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)IN0255.1.4. -->     SECTION 4. 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.

SOURCE: IC 10-19-3-10; (12)IN0255.1.5. -->     SECTION 5. IC 10-19-3-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) Beginning July 1, 2012, the executive director

or the executive director's designee shall administer and enforce the following statutes concurrently with or, as needed, independently of the state department of health:
        IC 16-41-35-1
        IC 16-41-35-3
        IC 16-41-35-4
        IC 16-41-35-5
        IC 16-41-35-6
        IC 16-41-35-7
        IC 16-41-35-8
        IC 16-41-35-9
        IC 16-41-35-10
        IC 16-41-35-11
        IC 16-41-35-12
        IC 16-41-35-13
        IC 16-41-35-14
        IC 16-41-35-15
        IC 16-41-35-25
        IC 16-41-35-26
        IC 16-41-35-27
        IC 16-41-35-28
        IC 16-41-35-29
        IC 16-41-35-32
        IC 16-41-35-33
        IC 16-41-35-36
        IC 16-41-35-38
        IC 16-41-35-40
        IC 16-41-35-41
        IC 16-41-35-42.
Actions taken by the executive director or the executive director's designee under this section are valid even if the action is not taken concurrently with the state department of health, unless otherwise contrary to law. References to "state department" in the statutes listed in this subsection shall be treated as referring to the executive director or the executive director's designee for purposes of this section.
    (b) Rules adopted by the state department of health before July 1, 2012, and codified at 410 IAC 5 shall be treated after June 30, 2012, as though they had been adopted jointly by the executive director and the state department of health.
    (c) Beginning July 1, 2012, and notwithstanding any other law, a new rule or the amendment or repeal of a rule under the

following sections must be adopted jointly under IC 4-22-2-18 by the executive director and the state department of health:
        (1) IC 16-41-35-26.
        (2) IC 16-41-35-28.
        (3) IC 16-41-35-29.
        (4) IC 16-41-35-42.

SOURCE: IC 16-18-2-121; (12)IN0255.1.6. -->     SECTION 6. IC 16-18-2-121 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 121. (a) "Executive director", for purposes of IC 16-22, means the chief administrative officer, president, or other individual appointed under IC 16-22-3-8.
     (b) "Executive director", for purposes of IC 16-41-35, means the executive director of the department of homeland security appointed under IC 10-19-3-1, or the executive director's designee.
SOURCE: IC 16-41-35-0.5; (12)IN0255.1.7. -->     SECTION 7. IC 16-41-35-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 0.5. Beginning July 1, 2012, and as provided in IC 10-19-3-10, a reference to the state department in the following statutes is considered to be a joint reference to the state department and the executive director:
        IC 16-41-35-1
        IC 16-41-35-3
        IC 16-41-35-4
        IC 16-41-35-5
        IC 16-41-35-6
        IC 16-41-35-7
        IC 16-41-35-8
        IC 16-41-35-9
        IC 16-41-35-10
        IC 16-41-35-11
        IC 16-41-35-12
        IC 16-41-35-13
        IC 16-41-35-14
        IC 16-41-35-15
        IC 16-41-35-25
        IC 16-41-35-26
        IC 16-41-35-27
        IC 16-41-35-28
        IC 16-41-35-29
        IC 16-41-35-32
        IC 16-41-35-33
        IC 16-41-35-36
        IC 16-41-35-38
        IC 16-41-35-40
        IC 16-41-35-41
        IC 16-41-35-42.

SOURCE: IC 16-41-35-26; (12)IN0255.1.8. -->     SECTION 8. IC 16-41-35-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26. (a) The state department shall issue general or specific licenses for at least one (1) of the following:
        (1) Byproduct material.
        (2) Source material.
        (3) Special nuclear material.
        (4) Other radioactive materials occurring naturally or produced artificially.
        (5) Devices or equipment utilizing this material.
    (b) A license shall be issued only when the state department finds that the items described under subsection (a) may produce radiation sufficient to result in hazard or injury to health, life, or property.
    (c) The state department shall adopt Rules under this chapter providing for granting, suspending, revoking, or amending licenses shall be adopted as follows:
        (1) Before July 1, 2012, by the state department.
        (2) After June 30, 2012, by the state department and the executive director as provided in IC 10-19-3-10.

No licensing of materials, devices, or equipment now under the jurisdiction of the United States Nuclear Regulatory Commission shall be made effective before the effective date of an agreement that discontinues the federal government's regulation of sources of radiation involved, as provided in section 27(c) of this chapter.
    (d) A person who is not required to have a general or specific license may not produce radiation or produce, use, store, sell, or otherwise dispose of radioactive materials, radiation machines, or electronic products, unless the person registers in writing with the state department, giving the pertinent information the state department requires, in accordance with the procedures prescribed by the state department.
SOURCE: IC 16-41-35-28; (12)IN0255.1.9. -->     SECTION 9. IC 16-41-35-28 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 28. (a) The state department shall adopt Rules shall be adopted under IC 4-22-2 concerning the production, transportation, use, storage, sale, or other disposition of radioactive material, radiation machines, or electronic products to as follows:
        (1) Before July 1, 2012, by the state department.
        (2) After June 30, 2012, by the state department and the executive director as provided in IC 10-19-3-10.

     (b) Rules adopted under subsection (a) must do the following:
        (1) Prohibit and prevent unnecessary radiation.
        (2) Carry out this chapter.
    (b) (c) Standards relative to unnecessary radiation included in the rules must be in general conformance with the recommendations of the National Council on Radiation Protection and Measurements and performance standards promulgated by appropriate federal agencies.
SOURCE: IC 16-41-35-29; (12)IN0255.1.10. -->     SECTION 10. IC 16-41-35-29, AS AMENDED BY P.L.157-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 29. (a) The state department shall adopt Rules shall be adopted under IC 4-22-2 to regulate who may operate a radiation machine and what level of training and experience the operator must have as follows:
        (1) Before July 1, 2012, by the state department.
        (2) After June 30, 2012, by the state department and the executive director as provided in IC 10-19-3-10.
    (b)
Rules adopted by the state department described in subsection (a) must exempt from testing to establish initial qualifications an individual who:
        (1) holds a valid certificate issued by; and
        (2) is currently registered with;
the American Registry of Radiologic Technologists.
    (b) (c) The state department may by rule exempt an individual who:
        (1) is currently licensed in another state as a radiologic technologist; or
        (2) performs the function of a radiologic technologist in another state that does not require the licensure of a radiologic technologist;
from testing to establish initial qualifications.
    (c) (d) The state department shall issue a license to an individual meeting the requirements of the rules adopted under subsection (a) for a radiologic technologist upon the payment to the state department of a sixty dollar ($60) fee and the cost of testing to establish initial qualifications. The license is valid for twenty-four (24) months. The state department shall establish a fee for the renewal or duplication of a license issued under this section not to exceed sixty dollars ($60). In addition to the renewal fee, a penalty fee of sixty dollars ($60) shall be imposed by the state department for processing an application for license renewal received after the expiration of the previous license.

The state department may waive the penalty fee for a showing of good cause.
    (d) (e) An individual who applies for or holds a license issued under subsection (c) or who holds a license issued under subsection (c) (d) shall provide the individual's Social Security number to the state department.
    (e) (f) The state department shall collect and release the applicant's or licensee's Social Security number as provided in state or federal law.
    (f) (g) Notwithstanding IC 4-1-10-3, the state department may allow access to the Social Security number of each person who is licensed under this section or has applied for a license under this section to:
        (1) a testing service that provides the examination for licensure as a radiologic technologist to the state department; or
        (2) an individual state regulatory board of radiologic technology or an organization composed of state regulatory boards of radiologic technology for the purpose of coordinating licensure and disciplinary activities among the individual states.
    (g) (h) Every owner of a radiation machine, including an industrial radiation machine, shall have the machine inspected in accordance with procedures and standards established by the state department. The state department shall adopt Rules shall be adopted under IC 4-22-2 establishing the procedures and standards applicable to inspections of radiation machines as follows:
        (1) Before July 1, 2012, by the state department.
        (2) After June 30, 2012, by the state department and the executive director as provided in IC 10-19-3-10.

SOURCE: IC 16-41-35-42; (12)IN0255.1.11. -->     SECTION 11. IC 16-41-35-42 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 42. (a) In addition to other penalties provided under this chapter, the state department shall adopt rules shall be adopted under IC 4-22-2 that establish a schedule of civil penalties that may be levied upon a person for the violation of this chapter as follows:
        (1) Before July 1, 2012, by the state department.
        (2) After June 30, 2012, by the state department and the executive director as provided in IC 10-19-3-10.

    (b) A penalty included in the schedule of civil penalties adopted under this chapter may not exceed one thousand dollars ($1,000) for each violation per day.
    (c) The state department may issue an order of compliance, impose a civil penalty included in the schedule of civil penalties adopted under subsection (a), or both, against a person who:
        (1) fails to comply with this section or a rule adopted under this section; or
        (2) interferes with or obstructs the state department or the department's designated agent in the performance of duties under this section.
    (d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.
    (e) A proceeding commenced to impose a civil penalty may be consolidated with any other proceeding commenced to enforce this chapter or a rule adopted under this chapter.