First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 6
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-14-6.5; (11)SE0006.1.1. -->
SECTION 1. IC 10-14-6.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 6.5. Interstate Mutual Aid Agreements
Sec. 1. As used in this chapter, "emergency" means an
occurrence or condition in a jurisdiction that results in a situation:
(1) that poses an immediate risk to health, life, property, or
the environment;
(2) that is not initially at the level of a disaster or emergency
that requires a local or state declaration of disaster or
emergency (even if such a local or state declaration of disaster
or emergency is made after the initial request is made for
mutual aid); and
(3) for which the governing jurisdiction determines:
(A) that the situation exceeds its ability to render
appropriate aid; and
(B) that it is in the public's best interest to request mutual
aid from a governmental jurisdiction or private entity in
another state with which the governing jurisdiction has
entered into a mutual aid agreement under this chapter.
Sec. 2. (a) As used in this chapter "emergency responder"
means a person:
(1) who is required to possess a license, certificate, permit, or
other official recognition for the person's expertise in a
particular field or area of knowledge; and
(2) whose assistance is desirable during an emergency.
(b) The term includes, but is not limited to, the following:
(1) Firefighters, including hazardous materials personnel,
specialized rescue personnel, extrication personnel, water
rescue personnel, and other specialized personnel.
(2) Emergency medical services personnel.
(3) Law enforcement officers.
(4) Physicians.
(5) Nurses.
(6) Mental health practitioners, veterinary practitioners, and
other public health practitioners.
(7) Emergency management personnel.
(8) Public works personnel.
Sec. 3. As used in this chapter, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
Sec. 4. (a) In order to more adequately address emergencies that
extend or exceed a jurisdiction's emergency response capabilities,
either without rising to the level of a state or local declaration of a
state of disaster or emergency, or in the initial stages of an event
that may later become a declared state of disaster or emergency,
the state (and any of its departments or agencies) or any political
subdivision may enter into written mutual aid agreements with
units of government from another state that provide for:
(1) coordination of communications for;
(2) training for;
(3) response to; and
(4) standby for;
planned events and emergency responses between the units of
government.
(b) When an emergency responder from outside Indiana is
engaged in training, standby, and emergency response in
accordance with a mutual aid agreement under this chapter, the
emergency responder from outside Indiana is permitted to provide
services within Indiana in accordance with this chapter and the
terms of the mutual aid agreement under this chapter.
(c) This chapter may not be construed to prohibit a private
entity or its employees from participating in the provision of
mutual aid if:
(1) the participating political subdivision approves the
participation of the private entity; and
(2) a contract between the political subdivision and the
participating private entity permits the participation.
Sec. 5. If an emergency responder from a jurisdiction outside
Indiana holds a license, certificate, or other permit recognized or
issued by another state, that emergency responder is considered to
be licensed, certified, and permitted in Indiana to render aid
involving such skill to meet the request for assistance under a
mutual aid agreement under this chapter, so long as the emergency
responder acts within the scope of:
(1) the emergency responder's license, certificate, or permit;
and
(2) what would be authorized by an equivalent license,
certificate, or permit from or recognized by the state in which
the requesting jurisdiction is located.
Sec. 6. (a) Any function performed under this chapter, and a
mutual aid agreement under this chapter, is considered to have
been performed for public and governmental purposes.
(b) All immunities from liability available to Indiana political
subdivisions, other units of local government in Indiana, and their
officers, agents, and employees within Indiana are extended to an
emergency responder from another state who is:
(1) providing mutual aid; or
(2) engaged in training and exercises;
under a mutual aid agreement authorized by this chapter.
Sec. 7. (a) Emergency responders from outside Indiana
rendering mutual aid within Indiana under a mutual aid
agreement authorized by this chapter remain employees and
agents of their respective employers and jurisdictions.
(b) This chapter or a mutual aid agreement entered into under
this chapter does not create an employment relationship between
the jurisdiction requesting aid and the employees and agents of the
jurisdiction rendering aid.
(c) All pension, relief, disability, death benefits, worker's
compensation benefits, and other benefits enjoyed by emergency
responders rendering mutual aid under a mutual aid agreement
authorized by this chapter extend to the services the emergency
responders perform outside their respective jurisdictions, as if
those services had been rendered in their own jurisdiction.
Sec. 8. A mutual aid agreement under this chapter must be
approved in the same manner as interlocal cooperation agreements
are approved under IC 36-1-7.
Sec. 9. This chapter may not be construed to limit, modify, or
abridge:
(1) Indiana's emergency management agency statutes; or
(2) the emergency management assistance compact under
IC 10-14-5.
SOURCE: IC 34-30-2-35.8; (11)SE0006.1.2. -->
SECTION 2. IC 34-30-2-35.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 35.8. IC 10-14-6.5-6(b)
(Concerning an emergency responder from another state who is
providing mutual aid or engaged in training and exercises under a
mutual aid agreement authorized by IC 10-14-6.5).
SOURCE: ; (11)SE0006.1.3. -->
SECTION 3.
An emergency is declared for this act.
SEA 6
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