Citations Affected: IC 10-1; IC 10-2; IC 10-4; IC 10-9; IC 34-30.
Synopsis: Various Title 10 provisions. Specifies the criminal intent
necessary to commit offenses concerning the criminal justice data
division and the emergency management and disaster law. Defines
"armory" for purposes of the Indiana military code. Specifies that the
state militia consists of persons at least 18 years of age instead of males
between the ages of 18 and 45. Provides, for purposes of the law
exempting an officer or enlisted man on duty in the Indiana national
guard from arrest on any civil process, that: (1) an attachment for
contempt for failure to obey the command of a subpoena to testify is a
civil process; and (2) a citation for a traffic violation is not a civil
process. Provides that if a county executive does not have a president,
a member of the county executive appointed from its membership is a
member of the county emergency management advisory council.
Requires the affirmative vote of at least eight of the 15 voting members
of Indiana emergency management, fire and building services, and
public safety training foundation for the foundation to take action.
Repeals the interstate civil defense and disaster compact and the
interstate earthquake emergency compact. Makes conforming
amendments.
Effective: July 1, 2003.
January 21, 2003, read first time and referred to Committee on Judiciary.
January 30, 2003, amended, reported favorably _ Do Pass.
February 3, 2003, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
SECTION 1. IC 10-1-2.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. It is the intent of this
chapter to provide information and data with reference to the total
criminal justice system that will be equally beneficial to all officers,
agencies, and components of said the system so that each may better
perform his or its their respective duties for the overall improvement
of criminal justice. Rules and regulations adopted pursuant to under
this chapter shall be drafted so as to express this intent. Any public
official required by said the rules and regulations to report to the
division who fails to comply with the requests of the superintendent for
such the information or data, or with the governing records and
systems and equipment and their maintenance may, at the discretion of
the director of the criminal justice planning agency, be denied the
benefits of the system until meeting minimum compliance with said
regulations. the rules. An official who knowingly, intentionally, or
recklessly makes a false return of information to the division commits
a Class A misdemeanor.
instruction shall be carried out by confinement in a jail to be designated
by the reviewing authority.
SECTION 6. IC 10-4-1-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The director of each local
organization for emergency management may develop or cause to be
developed mutual aid arrangements with other public and private
agencies within this state for reciprocal emergency management aid
and assistance in case of disaster too great to be dealt with unassisted.
Such arrangements shall be consistent with the state emergency
management program and state emergency operations plan. In time of
emergency it shall be the duty of each local organization for emergency
management and the department to render assistance in accordance
with the provisions of such mutual aid arrangements.
(b) The director of each local organization for emergency
management and disaster may assist in negotiation of reciprocal mutual
aid agreements between the governor and the adjoining state or its
political subdivisions and shall carry out arrangements or any such
agreement relating to the local and political subdivision.
(c) This subsection applies when the governor finds that two (2) or
more adjoining counties would be better served by an
interjurisdictional arrangement than by maintaining separate disaster
agencies and services. The governor may, with the concurrence of the
affected counties, delineate by executive order or regulation an
interjurisdictional area adequate to plan for, prevent, or respond to
disaster in that area, and direct steps to be taken as necessary, including
the creation of an interjurisdictional relationship, a joint emergency
operations plan, mutual aid, or an area organization for emergency
management planning and services. A finding of the governor under
this subsection must be based on one (1) or more factors related to the
difficulty of maintaining an efficient and effective disaster prevention,
preparedness, response, and recovery system on an unijurisdictional
basis, such as the following:
(1) Small or sparse population.
(2) Limitations on public financial resources severe enough to
make maintenance of a separate disaster agency and services
unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a past
history of disaster, topographical features, drainage
characteristics, disaster potential, and presence of disaster prone
facilities or operations.
(4) The interrelated character of the counties in a multicounty
area.
executive does not have a president, a member of the county
executive appointed from the membership of the county
executive.
(2) The president of the county fiscal body.
(3) The mayor of each city located in the county.
(4) An individual representing the legislative bodies of all towns
located within the county.
(5) Representatives of such private and public agencies or
organizations which can be of assistance to emergency
management as the organizing group considers appropriate, or as
may be added later by the county emergency management
advisory council.
(6) One (1) commander of a local civil air patrol unit in the
county or the commander's designee.
(e) Upon the organization of the county emergency management
advisory council and the selection of a chairman from its membership,
the organizing group shall be dissolved.
(f) (d) The county emergency management advisory council shall
exercise general supervision and control over the emergency
management and disaster program of the county and shall select or
cause to be selected, with the approval of the county executive, a
county emergency management and disaster director who shall have
direct responsibility for the organization, administration, and operation
of the emergency management program in the county and shall be
responsible to the chairman of the county emergency management
advisory council.
(g) (e) Any provision of this chapter or other law to the contrary
notwithstanding, the governor may require a political subdivision to
establish and maintain a disaster agency jointly with one (1) or more
contiguous political subdivisions with the concurrence of the affected
political divisions if he the governor finds that the establishment and
maintenance of an agency or participation in one is made necessary by
circumstances or conditions that make it unusually difficult to provide
disaster prevention, preparedness, response, or recovery services under
other provisions of this chapter.
(h) (f) Each political subdivision which that does not have a disaster
agency and has not made arrangements to secure or participate in the
services of an agency shall have an emergency management director
designated to facilitate the cooperation and protection of that
subdivision in the work of disaster prevention, preparedness, response,
and recovery.
(i) (g) The county emergency management and disaster director and
personnel of the department may be provided with appropriate office
space, furniture, vehicles, communications, equipment, supplies,
stationery, and printing in the same manner as provided for personnel
of other county agencies.
(j) (h) Each local or interjurisdictional agency shall prepare and
keep current a local or interjurisdictional disaster emergency plan for
its area.
(k) (i) The local or interjurisdictional disaster agency, as the case
may be, shall prepare and distribute to all appropriate officials in
written form a clear and complete statement of the emergency
responsibilities of all local agencies and officials and of the disaster
chain of command.
(l) (j) Each political subdivision may:
(1) appropriate and expend funds, make contracts, obtain and
distribute equipment, materials, and supplies for emergency
management and disaster purposes; provide for the health and
safety of persons and property, including emergency assistance to
the victims of any disaster resulting from enemy attack; provide
for a comprehensive insurance program for its emergency
management volunteers; and direct and coordinate the
development of an emergency management program and
emergency operations plan in accordance with the policies and
plans set by the federal civil defense agency and the state
emergency management agency;
(2) appoint, employ, remove, or provide, with or without
compensation, rescue teams, auxiliary fire and police personnel,
and other emergency management and disaster workers;
(3) establish a primary and one (1) or more secondary control
centers to serve as command posts during an emergency;
(4) subject to the order of the governor or the chief executive of
the political subdivision, assign and make available for duty the
employees, property, or equipment of the subdivision relating to
fire fighting, engineering, rescue, health, medical and related
services, police, transportation, construction, and similar items or
services for emergency management and disaster purposes and
within or outside of the physical limits of the subdivision; and
(5) in the event of a national security emergency or state of
emergency as provided in section 7 of this chapter, waive
procedures and formalities otherwise required by law pertaining
to the performance of public work, the entering into of contracts,
the incurring of obligations, the employment of permanent and
temporary workers, the utilization of volunteer workers, the rental
of equipment, the purchase and distribution of supplies, materials,
and facilities, and the appropriation and expenditure of public
funds.
SECTION 8. IC 10-4-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21. A person who
knowingly, intentionally, or recklessly violates this chapter commits
a Class B misdemeanor.
SECTION 9. IC 10-9-2-3, AS ADDED BY P.L.178-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) A quorum consists of eight (8) of the voting
members of the foundation described in section 2(b)(2) through 2(b)(6)
of this chapter.
(b) One (1) of the following is necessary for the foundation to take
action:
(1) An affirmative vote by at least a majority of the quorum. eight
(8) of the fifteen (15) voting members.
(2) A tie vote broken by the executive director.
SECTION 10. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2003]: IC 10-4-2; IC 10-4-3; IC 34-30-2-38.3.