Indiana-2011-HB1085-Introduced

Introduced Version

HOUSE BILL No. 1085

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 4-15-14; IC 36-8-3-20.5.

Synopsis: Public employee paid leave. Provides for paid leave for state employees and police reserve officers when responding to a disaster declared either by the Red Cross or the department of homeland security.

Effective: July 1, 2011.

January 5, 2011, read first time and referred to Committee on Veterans Affairs and Public Safety.

Introduced

First Regular Session 117th General Assembly (2011)

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.~~
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HOUSE BILL No. 1085

A BILL FOR 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 4-15-14-1; (11)IN1085.1.1. -->     SECTION 1. IC 4-15-14-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. As used in this chapter, "certified disaster service volunteer" means an individual who: ~~has:~~
        (1) has completed the necessary training for being and has ~~(2)~~ been certified as a disaster service specialist by the Red Cross; or
         (2) is a state employee or police reserve officer who has been called to assist in an event in which a state of emergency has been declared by the department of homeland security.

SOURCE: IC 4-15-14-2; (11)IN1085.1.2. -->     SECTION 2. IC 4-15-14-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this chapter, except as provided in subsection (b), "disaster" means an event:
         (1) that is designated under the American National Red Cross Regulations and Procedures to be at least as serious as a level III disaster; or
         (2) in which a state of emergency has been declared by the

department of homeland security;
and is proclaimed by the governor as a disaster warranting the leave allowed under this chapter.
     (b) For police reserve officers, "disaster", as used in this chapter, means an event:
        (1) that is designated under the American National Red Cross Regulations and Procedures to be at least as serious as a level III disaster; or
         (2) in which a state of emergency has been declared by the department of homeland security;
for the city where the police reserve officer is employed as a police reserve officer.

SOURCE: IC 4-15-14-5; (11)IN1085.1.4. -->     SECTION 4. IC 4-15-14-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) As used in this chapter, "specialized disaster relief" means one (1) or more of the following Red Cross service categories in which a certified disaster service volunteer is trained:
        (1) Shelter management.
        (2) Mass feeding.
        (3) Family services.
        (4) Health services.
        (5) Public assistance inquiries.
        (6) Damage assessment.
        (7) A support function for services provided under subdivisions (1) through (6).
        (8) Any other service performed for the Red Cross for which training is required.
     (b) As used in this chapter, "specialized disaster relief", in situations other than those designated by the Red Cross, means one (1) or more of the following categories in which a disaster service volunteer is trained:
        (1) Emergency operations center (EOC) management.
        (2) Shelter management.
        (3) Support services as defined by an emergency management agency or the department of homeland security.

SOURCE: IC 4-15-14-7; (11)IN1085.1.5. --> SECTION 5. IC 4-15-14-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) An employee of a state agency:

        (1) who is a certified disaster service volunteer;
        (2) whose specialized disaster relief services are requested by the Red Cross or the department of homeland security in connection with a disaster; and
        (3) who obtains consent from the employee's supervisor or appointing authority;
shall be granted leave from work with pay for not more than fifteen (15) work days in each state fiscal year to participate in specialized disaster relief services.
    (b) The state agency shall compensate an employee granted leave under this chapter at the employee's regular rate of pay for the regular work hours during which the employee is absent from work.
    (c) An employee granted leave under this chapter does not lose accrued:
        (1) seniority;
        (2) vacation leave;
        (3) sick leave;
        (4) personal vacation days;
        (5) compensatory time off; or
        (6) overtime.
     (d) An employee of a state agency working under this chapter is responsible for submitting a record of actual hours worked and approved by the department of homeland security during an emergency. The rules governing the rate of compensation and benefits for the employee for the number of hours worked apply.

SOURCE: IC 4-15-14-9; (11)IN1085.1.6. -->     SECTION 6. IC 4-15-14-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) A state employee or police reserve officer who:
        (1) is certified by the Red Cross; or
        (2) can be called up by the department of homeland security;
must have on file with the state agency or municipality by which the employee or police reserve officer is employed a letter certifying that the employee or police reserve officer is eligible to respond to a disaster or emergency under this chapter. An employee or police reserve officer covered under this chapter must be available for activation for an emergency declared by the Red Cross or the department of homeland security.
    (b) If an employee or police reserve officer is called to work on a disaster declared by the Red Cross or the department of homeland security, the employee or police reserve officer shall inform the employee's or officer's supervisor immediately upon activation, and the employer shall grant the employee or officer

leave.

SOURCE: IC 4-15-14-10; (11)IN1085.1.7. -->     SECTION 7. IC 4-15-14-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. A state employee who:
        (1) can be activated by the department of homeland security to serve in a disaster; and
        (2) is required to obtain additional training approved by the department of homeland security;
shall be granted paid leave for the training at the employee's normal rate.

SOURCE: IC 4-15-14-11; (11)IN1085.1.8. --> SECTION 8. IC 4-15-14-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) A state employee who is called to service as described in section 8 of this chapter shall be covered by the state agency's compensation and benefit plans as if the employee were working for the state agency by which the employee is otherwise employed.
(b) A state employee who is asked to volunteer the employee's time during a nondisaster event for the department of homeland security shall be covered by the compensation plans by the agency for which the employee is volunteering. A state employee who is asked to work a nondisaster event by the department of homeland security shall be covered for disability as if the employee were working for the agency by which the employee is employed.

SOURCE: IC 36-8-3-20.5; (11)IN1085.1.9. -->     SECTION 9. IC 36-8-3-20.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 20.5. A police reserve officer who is called to serve in a disaster:
        (1) that is designated:
            (A) under the American National Red Cross Regulations and Procedures to be at least as serious as a level II disaster; or
            (B) by the department of homeland security; and
        (2) that is proclaimed by the governor as a disaster warranting the leave allowed for state employees under IC 4-15-14;
is subject to all the obligations and provided all the protections provided to state employees under IC 4-15-14.