Second Regular Session 114th General Assembly (2006)
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HOUSE ENROLLED ACT No. 1249
AN ACT to amend the Indiana Code concerning state and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-6-10; (06)HE1249.1.1. -->
SECTION 1. IC 5-2-6-10 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 10. The institute may disburse
federal and state funds available for the purposes of this chapter to
entitlement jurisdictions or local governmental entities if the
jurisdiction or entity:
(1) makes proper application for the funds; and
(2) agrees to provide the required matching funds; and
(3) is in compliance with section 10.5 of this chapter.
SOURCE: IC 5-2-6-10.5; (06)HE1249.1.2. -->
SECTION 2. IC 5-2-6-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 10.5. (a) If an entitlement jurisdiction or a local
government entity:
(1) accepts funds under section 10 of this chapter that the
institute has designated as public funds; and
(2) fails to comply with any requirement of the grant or
funding;
the institute shall deobligate funds to the entitlement jurisdiction
or local government entity.
(b) The institute may reinstate funds under subsection (a) if the
entitlement jurisdiction or local government entity complies with
the requirements of the grant or funding within six (6) months of
the deobligation of funds.
(c) If an entitlement jurisdiction or a local government entity
does not comply with the requirements of the grant or funding
within six (6) months of the deobligation of funds, the institute may
reallocate the funds.
SOURCE: IC 5-2-6-16; (06)HE1249.1.3. -->
SECTION 3. IC 5-2-6-16 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (a) As used in this chapter,
"local coordinating council" means a countywide citizen body approved
and appointed by the commission for a drug free Indiana to plan,
monitor, and evaluate comprehensive local alcohol and drug abuse
plans.
(b) The commission for a drug free Indiana is established (referred
to in this section as "commission"). The criminal justice institute may
adopt rules under IC 4-22-2 to administer the commission. The
commission must consist of twenty (20) members described under
subsections (d) and (e) who have distinguished themselves in their
respective fields and who have experience or an interest in attempting
to eliminate alcohol and other drug abuse in Indiana.
(c) The commission's purpose is to improve the coordination of
alcohol and other drug abuse efforts at both the state and local levels
in an effort to eliminate duplication of efforts while ensuring that
comprehensive alcohol and other drug programs are available
throughout Indiana. The commission's responsibilities include the
following:
(1) Establishing an interagency council on drugs to coordinate the
alcohol and other drug education, prevention, treatment, and
justice programming and funding responsibilities of state
agencies, commissions, and boards including the approval of
alcohol and other drug plans and funding applications by state
agencies, commissions, and boards.
(2) Coordinating the collection of data concerning alcohol and
other drug abuse and the needs, programming, and effectiveness
of state supported programs and services.
(3) Maintaining a system of support to assist local coordinating
councils with technical assistance, guidance, or direct funding
resources.
(4) Continuing to assist the development of local coordinating
councils to identify community drug programs, coordinate
community initiatives, design comprehensive, collaborative
community strategies, and monitor anti-drug activities at the local
level.
(5) Establishing roles, responsibilities, and performance standards
for the local coordinating councils.
(6) Recommending to the governor and general assembly long
and short range goals, objectives, and strategies, including
legislative proposals to be implemented on the state and local
level to reduce drug abuse.
(7) Assisting local communities in the development of citizen
based drug related crime control efforts.
(d) The commission must be comprised of the following voting
members:
(1) The governor or the governor's designee.
(2) Fifteen (15) members appointed by the governor for a two (2)
year term, who have experience or expertise in at least one (1) of
the following areas:
(A) Family relations.
(B) Religion.
(C) Education.
(D) Civic or private organizations.
(E) Business.
(F) Media.
(G) Drug treatment.
(H) Medicine.
(I) Local government.
(J) Judiciary.
(K) Law enforcement.
(L) Self-help organizations.
(M) Youth.
(N) A representative of the interagency council against drugs
established under subsection (c)(1).
(O) Labor.
(e) Four (4) members of the general assembly shall serve as
nonvoting members of the commission. The president pro tempore of
the senate shall appoint two (2) senators, both of whom may not be
members of the same political party. The speaker of the house of
representatives shall appoint two (2) representatives, both of whom
may not be members of the same political party.
(f) The governor or the governor's designee shall serve as the
chairman of the commission.
(g) The commission shall meet one (1) time per month at the call of
the chairman.
(h) Eight (8) voting members of the commission constitute a
quorum. The commission is not prohibited from conducting business
as a result of a vacancy in the commission. In the case of a vacancy, a
new appointee shall serve for the remainder of the unexpired term. A
vacancy shall be filled from the same group that was represented by the
outgoing member.
(i) All appointments of the commission's members are renewable.
(j) A member of the commission who is not a state employee is not
entitled to a minimum salary per diem provided by IC 4-10-11-2.1(b).
The member is, however, entitled to reimbursement for traveling
expenses and other expenses actually incurred in connection with the
member's duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(k) A member of the commission who is a state employee is entitled
to reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SOURCE: IC 5-2-11-0.5; (06)HE1249.1.4. -->
SECTION 4. IC 5-2-11-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 0.5. As used in this chapter, "criminal justice services
and activities" means programs that assist:
(1) law enforcement agencies;
(2) courts;
(3) correctional facilities;
(4) programs that offer probation services; and
(5) community corrections programs;
with individuals who have alcohol or drug addictions and who are
suspected of having committed a felony or misdemeanor, have been
charged with a felony or misdemeanor, or have been convicted of
a felony or misdemeanor.
SOURCE: IC 5-2-11-1.6; (06)HE1249.1.5. -->
SECTION 5. IC 5-2-11-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 1.6. As used in this chapter, "local coordinating
council" means a countywide citizen body approved and appointed
by the commission for a drug free Indiana to plan, monitor, and
evaluate comprehensive local alcohol and drug abuse plans.
SOURCE: IC 5-2-11-1.8; (06)HE1249.1.6. -->
SECTION 6. IC 5-2-11-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 1.8. As used in this chapter, "prevention" means the
anticipatory process that prepares and supports an individual and
programs with the creation and reinforcement of healthy behaviors
and lifestyles.
SOURCE: IC 5-2-11-1.9; (06)HE1249.1.7. -->
SECTION 7. IC 5-2-11-1.9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 1.9. As used in this chapter, "prevention initiative"
means a program that is designed to decrease alcohol or drug use.
SOURCE: IC 5-2-11-5; (06)HE1249.1.8. -->
SECTION 8. IC 5-2-11-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5.
(a) As used in this section,
"commission" means the commission for a drug free Indiana
established by IC 5-2-6-16.
(b) Subject to subsections (c) and (d), a county fiscal body shall
annually appropriate from the fund amounts allocated by the county
legislative body for the use of persons, organizations, agencies, and
political subdivisions to carry out recommended actions contained in
a comprehensive drug free communities plan
submitted by the local
coordinating council and approved by the commission
for a drug free
Indiana established by IC 5-2-6-16 as follows:
(1) For persons, organizations, agencies, and political
subdivisions to provide prevention and education services, at least
twenty-five percent (25%) of the money in the fund.
(2) For persons, organizations, agencies, and political
subdivisions to provide intervention and treatment services, at
least twenty-five percent (25%) of the money in the fund.
(3) For persons, organizations, agencies, and political
subdivisions to provide criminal justice services and activities, at
least twenty-five percent (25%) of the money in the fund.
(4) A county fiscal body shall annually appropriate the remaining
money in the fund allocated by the county legislative body to be
used by persons, organizations, agencies, and political
subdivisions to provide services and activities under subdivisions
(1) through (3).
(c) In the comprehensive drug free communities plan, the local
coordinating council shall determine the amount of funds the
county fiscal body shall appropriate to implement the objectives
approved in the comprehensive drug free communities plan.
(d) If the comprehensive drug free communities plan is not
approved by the commission, the county fiscal body may not
appropriate any funds at the request of the local coordinating
council or any other local entity.
(e) If funds are allocated by a county legislative body under
subsection (b) and the commission has not approved the
comprehensive drug free communities plan for the county, the
commission may:
(1) approve and appoint a new local coordinating council for
the county;
(2) freeze funds allocated by the county legislative body; or
(3) reevaluate the comprehensive drug free communities plan.
HEA 1249
Figure
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