Bill Text: IN SB0006 | 2011 | Regular Session | Amended
Bill Title: Interstate mutual aid agreements.
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2011-05-18 - Effective 05/09/2011 [SB0006 Detail]
Download: Indiana-2011-SB0006-Amended.html
Citations Affected: IC 10-14; IC 34-30.
Synopsis: Interstate mutual aid agreements. Authorizes the state and
local units of government to enter into agreements to provide interstate
mutual aid for emergency responses that do not rise to the level
requiring a state or local declaration of a state of emergency or disaster.
Recognizes certain out-of-state professional licenses, certifications, or
other permits when the state or a political subdivision requests mutual
aid from jurisdictions outside of Indiana. Provides immunity from civil
liability to certain persons acting under such mutual aid agreements.
Specifies that emergency responders from outside Indiana rendering
mutual aid within Indiana under such mutual aid agreements remain
employees and agents of their respective employers and jurisdictions.
Provides that benefits enjoyed by emergency responders rendering
mutual aid under such mutual aid agreements shall extend to the
services the emergency responders perform outside their respective
jurisdictions as if those services had been rendered in their own
jurisdiction. Requires such mutual aid agreements to be approved in
the same manner as interlocal cooperation agreements are approved.
Effective: Upon passage.
January 5, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
January 6, 2011, amended; reassigned to Committee on Local Government.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
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.