Citations Affected: IC 5-2-1-9; IC 5-10-5.5; IC 5-22-22-12; IC 36-1-11-5.7; IC 36-8-19.
Synopsis: Various public safety matters. Conference committee report for EHB 1105. Increases to 65 years of age (from 60 years of age) the mandatory retirement age for a participant in the excise police, gaming agent, and conservation enforcement officers' retirement plan (plan). Caps the plan's annual retirement allowance at 75% of the participant's average annual salary. Establishes a deferred retirement option plan (DROP) for plan participants. Requires a law enforcement officer who: (1) has less than 25 years experience as a law enforcement officer; and (2) has not been employed as a law enforcement officer in the 10 years before being hired as a law enforcement officer or is hired in an upper level policymaking position; to repeat the full basic training course in order to regain law enforcement powers. Provides that a law enforcement officer who has at least 25 years experience as a law enforcement officer is not required to repeat the full basic training course but is required to attend a refresher course and a pre-basic training course to regain law enforcement powers. Provides that a refresher course for an officer who has not been employed as a law enforcement officer more than six years but less than ten years and is hired in an upper level policymaking position: (1) may not exceed 120 hours of course work; and (2) must include any credit hours received for completion of the police chief executive training program. Provides that a governmental body may transfer property to the board of fire trustees of a fire protection district or the provider unit of a fire protection territory under the same circumstances that property may be transferred to a volunteer fire department. Provides that a participating unit in a fire protection territory may transfer any money belonging to the participating unit to the fire protection territory fund, the fire protection territory equipment replacement fund, or both funds. Legalizes any transfer of money from a participating unit to a fire protection territory before July 1, 2008. Provides that when a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit. Requires the Indiana criminal justice institute to prepare a yearly report concerning: (1) probationary and restricted driving privileges for persons holding a commercial driver's license; (2) prosecuting attorney diversion and deferral limitations and the computer system established by the prosecuting attorneys council of Indiana; (3) e-citations; (4) ignition interlock programs and other alcohol monitoring systems and other alcohol abuse deterrent programs; and (5) procedures and practices regarding license suspensions or granting of restricted or probationary licenses for persons holding a commercial driver's license or for the arrest or conviction of persons concerning a violation of certain alcohol
related offenses. Provides that the reporting ends January 1, 2014. (This conference committee
report removes provisions that do the following: (1) Provide that on January 1, 2009, the
fire departments of the townships and a fire protection territory in a county containing a
consolidated city are consolidated into the fire department of the consolidated city; that
after December 31, 2008, the consolidated fire department provides fire protection services
throughout the county with the exception of the excluded cities; that the consolidation of
fire departments results in the transfer of property, equipment, records, rights, contracts
(including labor contracts), and indebtedness; that a firefighter who is a member of the
1937 or 1977 fund remains a member of the same fund after the consolidation; and that the
consolidated fire department is required to develop a strategic plan to determine resource
requirements and resource deployments for the consolidated fire department. (2) Require
the mayor of the consolidated city to establish a professional standards board with
responsibility after December 31, 2008, for establishing, validating, and maintaining
emergency responder certification and credentialing requirements and procedures. (3)
Provide that the requirements and procedures must be in accordance with the National
Incident Management System and appropriate national professional standards and
certification organizations and boards. (4) Specify that a subcommittee of the professional
standards board, under the direction of a board-certified emergency physician, is
responsible for certification and credentialing of emergency medical responders. (5)
Exempt from the property tax levy limits any amounts imposed by the consolidated city or
the county to fund former township indebtedness. (6) Establish a maximum property tax
levy for the consolidated city for property taxes payable in 2009, 2010, and 2011 that is the
sum of the city's 2009 maximum levy plus the combined amounts levied in 2008 by the
townships, fire protection territory, and included towns for firefighting. (7) Adjust the
county option income tax distributive shares of the townships and the consolidated city and
county. (8) Specify that the balance in the cumulative building and equipment fund for fire
protection and related services of each entity whose fire department is consolidated into the
fire department of the consolidated city be transferred to the consolidated city's cumulative
building and equipment fund for fire protection and related services. This conference
committee report adds the contents of ESB 83, which requires the Indiana criminal justice
institute to prepare a yearly report concerning: (1) probationary and restricted driving
privileges for persons holding a commercial driver's license; (2) prosecuting attorney
diversion and deferral limitations and the computer system established by the Indiana
prosecuting attorney's council; (3) e-citations; (4) ignition interlock programs and other
alcohol monitoring systems and other alcohol abuse deterrent programs; and (5)
procedures and practices regarding license suspensions or granting of restricted or
probationary licenses for persons holding a commercial driver's license or for the arrest
or conviction of persons concerning a violation of certain alcohol related offenses. Provides
that the reporting ends January 1, 2014. This conference committee report adds a provision
that allows a law enforcement officer who: (1) is hired in an upper level policymaking
position and has not been employed as a law enforcement officer more than 6 years but less
than 10 years before being hired by a police department; and (2) fulfills other
requirements; to take a refresher course and pre-basic training instead of full basic
training in order to regain full law enforcement powers.)
Effective: Upon passage; July 1, 2008; January 1, 2009.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1105 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with
persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services
and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by persons
approved by the secretary of family and social services and the board,
and training concerning human and sexual trafficking. The board may
approve courses offered by other public or private training entities,
including postsecondary educational institutions, as necessary in order
to ensure the availability of an adequate number of inservice training
programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) worked as a full-time law enforcement officer for at least one
(1) year before the officer is hired under subdivision (1);
(3) (2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(4) (3) completed at any time a basic training course certified by
the board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or
agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the
officer is hired under subdivision (1) due to the officer's
resignation or retirement;
(3) is hired under subdivision (1) in an upper level
policymaking position; and
(4) completed at any time a basic training course certified by
the board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not
exceed one hundred twenty (120) hours of course work. All credit
hours received for successfully completing the police chief
executive training program under subsection (i) shall be applied
toward the refresher course credit hour requirements.
(o) (p) Subject to subsection (q), an officer to whom subsection (n)
or (o) applies must successfully complete the refresher course
described in subsection (n) or (o) not later than six (6) months after the
officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(p) (q) A law enforcement officer who
(1) has completed a basic training course certified by the board;
and
(2) has not been employed as a law enforcement officer in the six
(6) years before the officer is hired as a law enforcement officer;
has worked as a law enforcement officer for less than twenty-five
(25) years before being hired under subsection (n)(1) or (o)(1) is not
eligible to attend the refresher course described in subsection (n) or (o)
and must repeat the full basic training course to regain law enforcement
powers. However, a law enforcement officer who has worked as a
law enforcement officer for at least twenty-five (25) years before
being hired under subsection (n)(1) or (o)(1) and who otherwise
satisfies the requirements of subsection (n) or (o) is not required to
repeat the full basic training course to regain law enforcement
power but shall attend the refresher course described in subsection
(n) or (o) and the pre-basic training course established under
subsection (f).
(q) (r) This subsection applies only to a gaming agent employed as
a law enforcement officer by the Indiana gaming commission. A
gaming agent appointed after June 30, 2005, may exercise the police
powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(r) (s) This subsection applies only to a securities enforcement
officer designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to
the position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one
(51) members, the term refers to:
(A) the position held by the police chief or town marshal;
and
(B) each position held by the members of the police
department or town marshal system in the next rank and
pay grade immediately below the police chief or town
marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal;
and
(B) each position held by the members of the police
department or town marshal system in the next two (2)
ranks and pay grades immediately below the police chief
or town marshal.
annual retirement allowance computed under section 10 of this
chapter based on a participant's:
(1) average annual salary; and
(2) years of creditable service;
on the date the participant enters the DROP.
(d) As used in this section, "DROP retirement date" means the
future retirement date selected by a participant at the time the
participant elects to enter the DROP.
(e) Only a participant who is eligible to receive an unreduced
annual retirement allowance immediately upon termination of
employment may elect to enter a DROP. A participant who elects
to enter the DROP must agree to the following:
(1) The participant shall execute an irrevocable election to
retire on the DROP retirement date and must remain in active
service until that date.
(2) While in the DROP, the participant shall continue to make
contributions under section 8 of this chapter.
(3) The participant shall select a DROP retirement date not
less than twelve (12) months and not more than thirty-six (36)
months after the participant's DROP entry date.
(4) The participant may not remain in the DROP after the
date the participant reaches the mandatory retirement age
under section 9 of this chapter.
(5) The participant may make an election to enter the DROP
only once in the participant's lifetime.
(f) Contributions or payments provided by the general assembly
under section 4(b)(4) of this chapter continue for a participant
while the participant is in the DROP.
(g) A participant shall exit the DROP on the earliest of the
following:
(1) The participant's DROP retirement date.
(2) Thirty-six (36) months after the participant's DROP entry
date.
(3) The participant's mandatory retirement age.
(4) The date the participant retires because of a disability as
provided by subsection (k).
(h) A participant who retires on the participant's DROP
retirement date or on the date the participant retires because of a
disability as provided by subsection (k) may elect to receive an
annual retirement allowance:
(1) computed under section 10 of this chapter as if the
participant had never entered the DROP; or
(2) consisting of:
(A) the DROP frozen benefit; plus
(B) an additional amount, paid as the participant elects
under subsection (i), determined by multiplying:
(i) the DROP frozen benefit; by
(ii) the number of months the participant was in the
DROP.
(i) The participant shall elect, at the participant's retirement, to
receive the additional amount calculated under subsection (h)(2)(B)
in one (1) of the following ways:
(1) A lump sum paid on:
(A) the participant's DROP retirement date; or
(B) the date the participant retires because of a disability
as provided by subsection (k).
(2) Three (3) equal annual payments:
(A) commencing on:
(i) the participant's DROP retirement date; or
(ii) the date the participant retires because of a disability
as provided by subsection (k); and
(B) thereafter paid on:
(i) the anniversary of the participant's DROP retirement
date; or
(ii) the date the participant retires because of a disability
as provided by subsection (k).
(j) A cost of living increase determined under section 21(c) of
this chapter does not apply to the additional amount calculated
under subsection (h)(2)(B) at the participant's DROP retirement
date or the date the participant retires because of a disability as
provided by subsection (k). No cost of living increase is applied to
a DROP frozen benefit while the participant is in the DROP. After
the participant's DROP retirement date or the date the participant
retires because of a disability as provided by subsection (k), cost of
living increases determined under section 21(c) of this chapter
apply to the participant's annual retirement allowance computed
under this section.
(k) If a participant becomes disabled, in the line of duty or other
than in the line of duty while in the DROP, the participant's annual
retirement allowance is computed as follows:
(1) If the participant retires because of a disability less than
twelve (12) months after the date the participant enters the
DROP, the participant's annual retirement allowance is
calculated as if the participant had never entered the DROP.
(2) If the participant retires because of a disability at least
twelve (12) months after the date the participant enters the
DROP, the participant's annual retirement allowance is
calculated under this section, and the participant's retirement
date is the date the member retires because of a disability
rather than the participant's DROP retirement date.
(l) If, before payment of the participant's annual retirement
allowance begins, the participant dies in the line of duty or other
than in the line of duty, death benefits are payable as follows:
(1) The benefit calculated under subsection (h)(2)(B) is paid
in a lump sum to the participant's surviving spouse. If there
is no surviving spouse, the lump sum must be divided equally
among the participant's surviving children. If there are no
surviving children, the lump sum is paid to the participant's
parents. If there are no surviving parents, the lump sum is
paid to the participant's estate.
(2) A benefit is paid on the DROP frozen benefit under the
terms of the retirement plan created by this chapter.
of this chapter, a disposing agent of a political subdivision may sell or
transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any
interest in the tangible or intangible personal property or licenses;
without consideration or for a nominal consideration to a volunteer fire
department for construction of a fire station or other purposes related
to firefighting.
services within the territory, the levy in the following year shall be
reduced by the amount of surplus money that is not transferred to the
equipment replacement fund established under section 8.5 of this
chapter. The amount that may be transferred to the equipment
replacement fund may not exceed five percent (5%) of the levy for that
fund for that year. Each participating unit must agree to the amount to
be transferred by adopting an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that specifies an
identical amount to be transferred.
(f) The tax under this section is not subject to the tax levy
limitations imposed on civil taxing units under IC 6-1.1-18.5 for any
unit that is a participating unit in a fire protection territory that was
established before August 1, 2001.
(g) This subsection applies to a participating unit in a fire protection
territory established under IC 36-8-19 after July 31, 2001. For purposes
of calculating a participating unit's maximum permissible ad valorem
property tax levy for the three (3) calendar years in which the
participating unit levies a tax to support the territory, the unit's
maximum permissible ad valorem property tax levy for the preceding
calendar year under IC 6-1.1-18.5-3(a) STEP ONE or
IC 6-1.1-18.5-3(b) STEP ONE is increased each year by an amount
equal to the difference between the:
(1) amount the unit will have to levy for the ensuing calendar year
in order to fund the unit's share of the fire protection territory
budget for the operating costs as provided in the ordinance or
resolution making the unit a participating unit in the fire
protection territory; and
(2) unit's levy for fire protection services for the calendar year that
immediately precedes the ensuing calendar year in which the
participating unit levies a tax to support the territory.
____________________________ ____________________________
Representative Tincher Senator Bray
Chairperson
____________________________ ____________________________
Representative Summers Senator Skinner
House Conferees Senate Conferees