Reprinted
February 20, 2007
SENATE BILL No. 472
_____
DIGEST OF SB 472
(Updated February 19, 2007 4:26 pm - DI 71)
Citations Affected: IC 10-14; IC 10-15; IC 10-19; IC 22-11;
IC 22-12; IC 22-14; IC 36-8; noncode.
Synopsis: Public safety fund management. Allows an individual who
has incurred loss because of a disaster to apply for a grant from the
state disaster relief fund. Requires the department of homeland security
(department) to provide staff support to the Indiana homeland security
foundation. Removes administration of the foundation from the duties
of the division of preparedness and training of the department. Creates
the regional public safety training fund. Authorizes the division of fire
and building safety of the department to receive money from the
statewide arson investigation financial assistance fund (arson fund) for
purposes of fire investigation. Removes the authority of the state fire
marshal to distribute money from the arson fund. Authorizes the state
fire marshal to accept gifts for deposit in the arson fund. Provides that
the firefighting and emergency equipment revolving loan fund becomes
the fire training infrastructure fund. Requires payment of loans
outstanding from the revolving fund to the department for deposit in
the fire training infrastructure fund.
Effective: July 1, 2007.
Wyss, Rogers
January 11, 2007, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
February 15, 2007, amended, reported favorably _ Do Pass.
February 19, 2007, read second time, amended, ordered engrossed.
Reprinted
February 20, 2007
First Regular Session 115th General Assembly (2007)
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 2006 Regular Session of the General Assembly.
SENATE BILL No. 472
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 10-14-4-2; (07)SB0472.2.1. -->
SECTION 1. IC 10-14-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. As used in this
chapter, "eligible entity" means a county, city, or town, or an
individual who has incurred loss because of a disaster.
SOURCE: IC 10-14-4-5; (07)SB0472.2.2. -->
SECTION 2. IC 10-14-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The state disaster
relief fund is established to provide money to assist eligible entities in
paying for the costs of damage to public facilities
or individual
property resulting from disasters.
(b) The fund consists of money appropriated by the general
assembly. The agency shall administer the fund. Expenses of
administering the fund shall be paid from money in the fund. The
treasurer of state shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as other
public funds may be invested. Interest that accrues from these
investments shall be deposited in the fund.
(c)
Money in the fund is appropriated to carry out the purposes of
the fund as provided in this chapter. Money in the fund at the end of a
state fiscal year does not revert to the state general fund.
SOURCE: IC 10-14-4-6; (07)SB0472.2.3. -->
SECTION 3. IC 10-14-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. Subject to the
restrictions under this chapter, the agency may use money in the fund
to make grants to an eligible entity that:
(1) contains territory for which a disaster emergency has been
declared by the governor;
(2) has suffered damage to the entity's public facilities or
individual property because of the disaster for which the disaster
emergency was declared;
(3) has applied to the department for a grant; and
(4) complies with all other requirements established by the
agency.
SOURCE: IC 10-14-4-7; (07)SB0472.2.4. -->
SECTION 4. IC 10-14-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. This section does
not apply to an eligible entity that is an individual. Except as
provided in section 8 of this chapter, the agency may not make a grant
to an eligible entity under this section unless the damage to the entity's
public facilities caused by the disaster exceeds an amount equal to one
dollar ($1) multiplied by the population of the entity. A grant to an
eligible entity under this subsection may not exceed an amount equal
to:
(1) fifty percent (50%); multiplied by
(2) the result of:
(A) the total cost of the damage to the entity's public facilities
caused by the disaster; minus
(B) an amount equal to one dollar ($1) multiplied by the
population of the entity.
SOURCE: IC 10-14-4-8; (07)SB0472.2.5. -->
SECTION 5. IC 10-14-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.
This section does
not apply to an eligible entity that is an individual. If the governor
declares more than one (1) disaster emergency in the same year for
territory in an eligible entity, the agency may, in addition to a grant
under section 7 of this chapter, make a grant to the entity under this
section if the total cumulative cost of the damage to the entity's public
facilities caused by the disasters exceeds two dollars ($2) multiplied by
the population of the entity. A grant to an eligible entity under this
section may not exceed:
(1) the product of:
(A) fifty percent (50%); multiplied by
(B) the total cumulative cost of the damage to the entity's
public facilities caused by all disasters in the year; minus
(2) any grants previously made under section 7 of this chapter to
the entity during the year.
SOURCE: IC 10-14-4-9; (07)SB0472.2.6. -->
SECTION 6. IC 10-14-4-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. This section does
not apply to an eligible entity that is an individual. To qualify for a
grant under this chapter, the executive of an eligible entity must apply
to the agency on forms provided by the agency. The application must
include the following:
(1) A description and estimated cost of the damage caused by the
disaster to the entity's public facilities.
(2) The manner in which the entity intends to use the grant
money.
(3) Any other information required by the agency.
SOURCE: IC 10-14-4-10; (07)SB0472.2.7. -->
SECTION 7. IC 10-14-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. This section does
not apply to an eligible entity that is an individual. The fiscal officer
of an entity receiving a grant under this chapter shall:
(1) establish a separate account within the entity's general fund;
and
(2) deposit any grant proceeds received under this chapter in the
account.
The department of local government finance may not reduce an entity's
maximum or actual property tax levy under IC 6-1.1-18.5 on account
of grant money deposited in the account.
SOURCE: IC 10-14-4-13; (07)SB0472.2.8. -->
SECTION 8. IC 10-14-4-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 13. (a) This section applies only to an eligible entity
that is an individual.
(b) To qualify for a grant under this chapter, an eligible entity
must apply to the agency on forms provided by the agency. The
application must include the following:
(1) A description and estimated cost of the damage caused by
the disaster to the individual's property.
(2) The manner in which the individual intends to use the
grant money.
(3) Any other information required by the agency.
SOURCE: IC 10-15-2-8; (07)SB0472.2.9. -->
SECTION 9. IC 10-15-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The executive
director and agency, institute, and department staff designated by the
director shall act as advisers to the foundation.
(b) An adviser to the foundation may do the following:
(1) Attend all meetings of the foundation.
(2) Participate in all proceedings at foundation meetings other
than voting.
(c) The department shall provide staff support to the
foundation.
SOURCE: IC 10-15-3-12; (07)SB0472.2.10. -->
SECTION 10. IC 10-15-3-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 12. (a) The regional public safety
training fund is established for the purpose of providing regional
and advanced training for public safety service providers. The fund
shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. Any amount remaining in the fund
at the end of a state fiscal year that was not appropriated to the
fund shall be transferred to the fire training infrastructure fund
established under IC 22-14-5-1.
SOURCE: IC 10-19-5-2; (07)SB0472.2.11. -->
SECTION 11. IC 10-19-5-2, AS ADDED BY P.L.22-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. The division shall administer the following: (1)
IC 10-15. (2) all other state emergency management and response
training programs.
SOURCE: IC 22-11-14-12; (07)SB0472.2.12. -->
SECTION 12. IC 22-11-14-12, AS ADDED BY P.L.187-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) A user fee, known as the public safety fee,
is imposed on retail transactions made in Indiana of fireworks, in
accordance with section 13 of this chapter.
(b) A person who acquires fireworks in a retail transaction is liable
for the public safety fee on the transaction and, except as otherwise
provided in this chapter, shall pay the public safety fee to the retailer
as a separate added amount to the consideration in the transaction. The
retailer shall collect the public safety fee as an agent for the state.
(c) The public safety fee shall be deposited in the state general fund.
The auditor of state shall annually transfer the monies received
from the public safety fees as follows:
(1) Two million dollars ($2,000,000) shall be deposited in the
regional public safety training fund established under
IC 10-15-3-12.
(2) Any additional monies received shall be deposited in the
state disaster relief fund established under IC 10-14-4-5.
(d) The department of state revenue shall adopt rules under
IC 4-22-2 necessary for the collection of the public safety fee monies
from retailers as described in subsections (b) and (c).
SOURCE: IC 22-12-6-2; (07)SB0472.2.13. -->
SECTION 13. IC 22-12-6-2, AS AMENDED BY P.L.1-2006,
SECTION 353, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The statewide arson
investigation financial assistance fund is established to provide money
resources to:
(1) prosecuting attorneys;
(2) local police departments;
(3) the state police department;
(4) arson task forces; and
(5) fire departments that have arson investigating teams or arson
task forces; and
(6) the division of fire and building safety established by
IC 10-19-7-1 for purposes of fire investigation.
(b) The department shall administer the fund. The state fire marshal
shall distribute the money from the fund in accordance with the rules
adopted under IC 4-22-2 by the commission and the commissioner of
insurance.
(c) The fund consists of money deposited in the fund by the
executive director of the department. The department, the state fire
marshal, and the division of fire and building safety may accept gifts
and grants from any source to be deposited in the fund and to be used
for the purposes of this section.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 22-14-5-1; (07)SB0472.2.14. -->
SECTION 14. IC 22-14-5-1, AS AMENDED BY P.L.1-2006,
SECTION 376, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The firefighting and
emergency equipment revolving loan fire training infrastructure fund
is established. The division shall administer the revolving fund. The
revolving fund must be used for the purposes of:
(1) providing loans for the purchase of new or used firefighting
and other emergency equipment or apparatus under this chapter;
providing grants to construct training facilities and purchase
training equipment; and
(2) paying the costs of administering this chapter.
(b) The revolving fund consists of:
(1) amounts appropriated by the general assembly;
(2) the repayment proceeds (including interest) of loans made
from the revolving fund;
(3) (2) donations, grants, and money received from any other
source; and
(4) (3) amounts that the department transfers to the revolving fund
from the fire and building services fund.
(c) The treasurer of state shall invest the money in the revolving
fund not currently needed to meet the obligations of the revolving fund
in the same manner as other public funds may be invested.
(d) Money in the revolving fund at the end of the fiscal year does
not revert to the state general fund.
(e) The revolving fund is subject to an annual audit by the state
board of accounts. The revolving fund shall pay all costs of the audit.
SOURCE: IC 36-8-12-13; (07)SB0472.2.15. -->
SECTION 15. IC 36-8-12-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. (a) A volunteer fire
department may impose a charge on the owner of property,
the owner
of a vehicle, or a responsible party (as defined in IC 13-11-2-191(d))
that is involved in a hazardous material or fuel spill or chemical or
hazardous material related fire (as defined in IC 13-11-2-96(b)):
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in
extinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner or responsible
party of the vehicle for the total dollar value of the assistance that was
provided, with that value determined by a method that the state fire
marshal shall establish under IC 36-8-12-16. A copy of the fire incident
report to the state fire marshal must accompany the bill. This billing
must take place within thirty (30) days after the assistance was
provided. The owner or responsible party shall remit payment directly
to the governmental unit providing the service. Any money that is
collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4;
(2) used to pay principal and interest on a loan
under IC 22-14-5;
made by the department of homeland security established by
IC 10-19-2-1 or a division of the department for the purchase
of new or used firefighting and other emergency equipment or
apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
SOURCE: IC 36-8-12-16; (07)SB0472.2.16. -->
SECTION 16. IC 36-8-12-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) A volunteer fire
department that provides service within a jurisdiction served by the
department may establish a schedule of charges for the services that the
department provides not to exceed the state fire marshal's
recommended schedule for services. The volunteer fire department or
its agent may collect a service charge according to this schedule from
the owner of property that receives service if the following conditions
are met:
(1) At the following times, the department gives notice under
IC 5-3-1-4(d) in each political subdivision served by the
department of the amount of the service charge for each service
that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the
department to refuse service by the department to the owner's
property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty
(30) days after the services are provided; and
(B) includes a copy of a fire incident report in the form
prescribed by the state fire marshal, if the service was
provided for an event that requires a fire incident report.
(b) A volunteer fire department shall use the revenue collected from
the fire service charges under this section for:
(1) the purchase of equipment, buildings, and property for
firefighting, fire protection, or other emergency services;
(2) deposit in the township firefighting fund established under
IC 36-8-13-4; or
(3) to pay principal and interest on a loan
under IC 22-14-5. made
by the department of homeland security established by
IC 10-19-2-1 or a division of the department for the purchase
of new or used firefighting and other emergency equipment or
apparatus.
(c) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
schedule of service charges established under subsection (a) before the
schedule of service charges is initiated in that political subdivision.
(d) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(e) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(f) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section.
SOURCE: IC 36-8-12-17; (07)SB0472.2.17. -->
SECTION 17. IC 36-8-12-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 17. (a) If a political
subdivision has not imposed its own false alarm fee or service charge,
a volunteer fire department that provides service within the jurisdiction
may establish a service charge for responding to false alarms. The
volunteer fire department may collect the false alarm service charge
from the owner of the property if the volunteer fire department
dispatches firefighting apparatus or personnel to a building or premises
in the township in response to:
(1) an alarm caused by improper installation or improper
maintenance; or
(2) a drill or test, if the fire department is not previously notified
that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence
establishes that the alarm is under a maintenance contract with an
alarm company and that the alarm company has been notified of the
improper installation or maintenance of the alarm, the alarm company
is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer
fire department must provide notice under IC 5-3-1-4(d) in each
political subdivision served by the department of the amount of the
false alarm service charge. The notice required by this subsection must
be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service
charge.
(c) A volunteer fire department may not collect a false alarm service
charge from a property owner or alarm company unless the
department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30)
days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed
by the state fire marshal.
(d) A volunteer fire department shall use the money collected from
the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire
fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under
IC 36-8-13-4; or
(3) to pay principal and interest on a loan under IC 22-14-5. made
by the department of homeland security established by
IC 10-19-2-1 or a division of the department for the purchase
of new or used firefighting and other emergency equipment or
apparatus.
(e) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
false alarm service charge established under subsection (a) before the
service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of false alarm
charges collected during the previous calendar year and how those
funds have been expended.
(g) The volunteer fire department may maintain a civil action to
recover unpaid false alarm service charges imposed under this section.
SOURCE: IC 22-12-1-23.3; (07)SB0472.2.18. -->
SECTION 18. IC 22-12-1-23.3 IS REPEALED [EFFECTIVE JULY
1, 2007].
SOURCE: ; (07)SB0472.2.19. -->
SECTION 19. [EFFECTIVE JULY 1, 2007]
(a) Money remaining
in the firefighting and emergency equipment revolving loan fund
on June 30, 2007, must be transferred to the fire training
infrastructure fund established by IC 22-14-5-1 before August 1,
2007.
(b) If a loan under IC 22-14-5 remains outstanding on June 30,
2007, the qualified entity to whom the money was loaned shall
repay the loan, subject to the original terms and conditions of the
loan, to the department of homeland security established by
IC 10-19-2-1 for deposit in the fire training infrastructure fund
established by IC 22-12-6-1.
(c) The department of homeland security shall use the money:
(1) transferred under subsection (a); or
(2) deposited under subsection (b);
to provide grants to construct fire training facilities and purchase
fire training equipment.
(d) This SECTION expires August 1, 2007.