Bill Text: IN SB0242 | 2013 | Regular Session | Enrolled
Bill Title: Homeland security matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 78 [SB0242 Detail]
Download: Indiana-2013-SB0242-Enrolled.html
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AN ACT to amend the Indiana Code concerning public safety.
(1) The report required under section 8 of this chapter.
(2) Proof of published legal notice required under SARA.
(3) An updated version of the local emergency planning committee's emergency preparedness plan as required under SARA.
(4) A copy of the current bylaws of the local emergency planning committee as required by SARA.
(5) Evidence of an exercise of the response plan required under SARA.
(6) A roster of the current membership of the local emergency planning committee as required under IC 13-25-1-6(b)(2).
(7) Minutes of the local emergency planning committee meetings conducted at least two (2) times, on separate days, every six (6) months as required under IC 13-25-1-6(b)(3).
(8) Proof that each committee member is properly trained in the code of ethics as required under IC 4-2-7-3(7).
(b) If the commission withholds funding under subsection (a), and
notwithstanding section 7(a)(1) of this chapter, the commission may
use the balance of the withheld funding for purposes of hazardous
material training, mitigation, preparedness, and recovery.
(b) As used in this section, "unit" means the following:
(1) A unit (as defined in IC 36-1-2-23).
(2) A fire protection district established under IC 36-8-11.
(3) A provider unit (as defined in IC 36-8-19-3) acting on behalf of a fire protection territory established under IC 36-8-19.
(4) A fire department established by the board of trustees of a state educational institution (as defined in IC 21-7-13-32), including a fire department established by the board of trustees of Purdue University under IC 21-39-7.
(c) A unit may choose not to participate in the statewide mutual aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit will not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization that serves the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management system and a unified command system to be used in a response to a disaster or an emergency.
(e) A participating unit may request the assistance of at least one (1) other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises, testing, or training.
The participating unit that requests assistance shall provide a copy of the request to the emergency operations center within the division of emergency response and recovery not more than forty-eight (48) hours after making the request.
(f) A request for assistance to a participating unit under subsection (e) shall be made by and to the executive of the unit or the executive's authorized representative. A request may be oral or in writing. A written request shall be made on forms developed by the department. An oral request shall be confirmed in writing not later than twenty-four
(24) hours after the oral request is made.
(g) A request must include the following information:
(1) A description of the disaster response and recovery functions
for which assistance is needed, including the following:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support.
(K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,
materials, personnel, and other resources needed and a reasonable
estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(4) A statement that the request for assistance is being made
through the statewide mutual aid program.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is effective
only:
(A) upon declaration of a local disaster emergency by the
principal executive officer of the unit under section 29 of this
chapter; or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or the
loaned resources remain in the receiving participating unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold resources or recall loaned resources to the extent necessary to provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under the command and control of their regular leaders, but operationally those forces shall be under the control of the incident commander or unified commander designated by the requesting participating unit.
(b) Each participating unit shall provide for the payment of compensation and benefits to:
(1) an injured member; and
(2) a representative of a deceased member;
of the participating unit's emergency forces if the member is injured or killed while rendering assistance under section 10.6 of this chapter in the same manner and on the same terms as if the injury or death were sustained while the member was rendering assistance for or within the member's own unit. Expenses incurred under this subsection are not reimbursable under subsection (c).
(c) A participating unit
(1) A loss of, damage to, or expense incurred in the operation of any equipment in answering the request for assistance, to the extent the loss, damage, or expense is not covered by a reimbursement from insurance to the participating unit rendering assistance.
(2) An expense incurred in the provision of a service in answering the request for assistance, to the extent the expense is not covered by a reimbursement from insurance to the participating unit rendering assistance.
(3) An expense incurred in answering the request for assistance, to the extent the expense is not covered by a reimbursement from insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance policy used to reimburse all or part of an expense or other cost described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement rates
apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the responding
personnel if it is the normal practice of the requesting unit to
pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering
assistance to another participating unit under this section shall be
considered agents of the requesting participating unit for the purpose
of tort liability and immunity.
(g) This section does not prevent any participating unit from
entering into a mutual aid or other agreement with another unit, fire
protection district, or provider unit (as defined in IC 36-8-19-3) acting
on behalf of a fire protection territory, or affect any other agreement to
which a unit, a fire protection district, or a fire protection territory is a
party, including an agreement entered into under this chapter or
IC 36-1-7.
(h) A participating unit rendering assistance that seeks
reimbursement under subsection (c) must submit to the
participating unit receiving assistance, not more than thirty (30)
days after the date on which the assistance is rendered, an itemized
statement of the expenses described in subsection (c) for which the
participating unit rendering assistance seeks reimbursement.
the director:
(1) An appropriate permit issued under section 2.9 of this chapter.
(2) The following fees:
(A) For each truck shipment, two thousand five hundred
dollars ($2,500) per truck.
(B) For each rail shipment:
(i) four thousand five hundred dollars ($4,500) for the first
cask; and
(ii) three thousand dollars ($3,000) for the second and each
additional casks. cask.
(b) The director shall deposit fees collected under this section in the
nuclear response fund established by section 6 of this chapter.
(c) As used in this section, "cask" means a heavily shielded
container:
(1) used for the shipment of radioactive materials, including high
level radioactive waste and spent nuclear fuel; and
(2) whose design is approved by the United States Nuclear
Regulatory Commission.
(1) provide appropriate education, training, and equipment to state and local emergency responders:
(A) that respond to a release of radioactive waste or materials caused by or during the transportation of radioactive waste or materials under this chapter; and
(B) to prevent, prepare for, and respond to acts of terrorism; and
(2) otherwise enforce this chapter and IC 10-14-9.
(b) Sources of money for the fund consist of transportation fees deposited under section 3(b) or 3.1(b) of this chapter, fees received under IC 10-14-9-7(b), and civil penalties deposited under IC 10-14-9-8(c).
(c) The department of homeland security shall administer the fund. Money in the fund is annually appropriated to the department of homeland security to be used for purposes described in subsection (a).
(d) The expenses of administering the fund shall be paid from money in the fund.
(e) 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.
(f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
Chapter 9. Transportation of Highway Route Controlled Quantity Radioactive Material
Sec. 1. As used in this chapter, "cask" has the meaning set forth in IC 10-14-8-3(c).
Sec. 2. As used in this chapter, "highway route controlled quantity (HRCQ) radioactive material" means a quantity within a single package that exceeds the least of the following:
(1) For special form Class 7 (radioactive) material, three thousand (3,000) times the A1 value of the radionuclides listed in 49 CFR 173.435.
(2) For normal form Class 7 (radioactive) material, three thousand (3,000) times the A2 value of the radionuclides listed in 49 CFR 173.435.
(3) One thousand (1,000) TBq (27,000 Ci).
Sec. 3. As used in this chapter, "licensee" has the meaning set forth in IC 10-14-8-2.3.
Sec. 4. As used in this chapter, "nuclear response fund" refers to the nuclear response fund established by IC 10-14-8-6.
Sec. 5. As used in this chapter, "package" has the meaning set forth in 49 CFR 173.403.
Sec. 6. As used in this chapter, "radionuclide" means an unstable isotope of an element that emits radiation when it decays or disintegrates.
Sec. 7. (a) A shipper who intends to ship HRCQ materials must submit an application for a permit to the department of homeland security in the form and manner prescribed by the department of homeland security.
(b) The department of homeland security may issue a permit to a shipper that:
(1) submits a completed application under subsection (a); and
(2) pays a minimum fee as follows:
(A) For each truck shipment, one thousand eight hundred dollars ($1,800) per truck.
(B) For each rail shipment:
(i) one thousand three hundred dollars ($1,300) for the first cask; and
(ii) one hundred twenty-five dollars ($125) for each additional cask.
(c) The director:
(1) shall deposit fees received under subsection (b) in the nuclear response fund; and
(2) may increase a minimum fee under subsection (b)(2) if the increase:
(A) applies uniformly across all fees; and
(B) is limited to an amount necessary to cover the costs of administering this section.
(d) A permit issued under subsection (b) must:
(1) specify the purpose for which the permit is issued; and
(2) contain an expiration date.
(e) A shipper of HRCQ materials shall notify the state emergency operations center at least seven (7) business days before shipping the HRCQ materials.
Sec. 8. (a) A shipper that:
(1) is required to obtain a permit and pay a fee under section 7 of this chapter; and
(2) fails to obtain the permit or pay the fee;
is subject to a civil penalty for each violation in an amount equal to two (2) times the applicable fee.
(b) A shipper that fails to notify the state emergency operations center of a shipment of HRCQ materials under section 7(e) of this chapter is subject to a civil penalty in an amount equal to two (2) times the applicable fee for the shipment.
(c) The director shall deposit a civil penalty received under this section in the nuclear response fund.
(1) Public safety fees deposited under IC 22-11-14-12(c)(1).
(2) Money transferred from the statewide arson investigation financial assistance fund under IC 22-12-6-2(e) (before its expiration).
(3) Money appropriated to the fund by the general assembly.
(4) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.
Money described in subdivision (2) must be used for fire investigation training.
(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 has not been encumbered shall be transferred to the fire training infrastructure fund established by IC 22-14-6-2.
(1) prosecuting attorneys;
(2) local police departments;
(3) the state police department;
(4) arson task forces;
(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.
(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.
(e) Not later than June 30, 2013, the department shall transfer all money in the fund to the regional public safety training fund established by IC 10-15-3-12 to be used for fire investigation training.
(f) This section expires July 1, 2013.
(b) This section does not require a member of a fire department to
be certified.
(c) The education board may:
(1) certify firefighting training and education programs that meet
the standards set by the education board;
(2) certify fire department instructors who meet the qualifications
set by the education board;
(3) direct research in the field of firefighting and fire prevention
and accept gifts and grants to direct this research;
(4) recommend curricula for advanced training courses and
seminars in fire science or fire engineering training to public and
private postsecondary educational institutions;
(5) certify fire service personnel and nonfire service personnel
who meet the qualifications set by the education board;
(6) require fire service personnel certified at any level to fulfill
continuing education requirements in order to maintain
certification;
(7) contract or cooperate with any person and adopt rules under
IC 4-22-2, including emergency rules in the manner provided
under IC 4-22-2-37.1 and as authorized under IC 36-8-10.5-7,
to carry out its responsibilities under this section; or
(8) grant a variance to a rule the education board has adopted.
(d) The education board may impose a reasonable fee for the
issuance of a certification described in subsection (c). The board shall
deposit the fee in the fire and building services fund established by
IC 22-12-6-1.
(1) Orientation.
(2) Personal safety.
(3) Forcible entry.
(4) Ventilation.
(5) Apparatus.
(6) Ladders.
(7) Self-contained breathing apparatus.
(8) Hose loads.
(9) Streams.
(10) Basic recognition of special hazards.
(b) A person who fulfills the certification requirements for:
(1) Firefighter I, as described in 655 IAC 1-2.1-4; or
(2) Firefighter II, as described in 655 IAC 1-2.1-5;
is considered to comply with the requirements established under subsection (a).
(c) In addition to the requirements of subsections (a) and (d), the minimum basic training requirements for full-time firefighters and volunteer firefighters must include successful completion of a basic or inservice course of education and training on sudden infant death syndrome that is certified by the Indiana emergency medical services commission (created under IC 16-31-2-1) in conjunction with the state health commissioner.
(d) In addition to the requirements of subsections (a) and (c), the minimum basic training requirements for full-time and volunteer firefighters must include successful completion of an instruction course on vehicle emergency response driving safety. The education board shall adopt rules under IC 4-22-2 to operate this course.
(e) In addition to the requirements of subsections (a), (c), and (d), the minimum basic training requirements for full-time and volunteer firefighters must include successful completion of a basic or inservice course of education and training in interacting with individuals with autism that is certified by the Indiana emergency medical services commission (created under IC 16-31-2-1).
(f) The education board may adopt emergency rules in the manner provided under IC 4-22-2-37.1 concerning the adoption of the most current edition of the following National Fire Protection Association standards, subject to amendment by the board:
(1) NFPA 472.
(2) NFPA 1001.
(3) NFPA 1002.
(4) NFPA 1003.
(5) NFPA 1021.
(6) NFPA 1031.
(7) NFPA 1033.
(8) NFPA 1035.
(9) NFPA 1041.
(10) NFPA 1521.
(11) NFPA 1670.
(g) Notwithstanding any provision in IC 4-22-2-37.1 to the contrary, an emergency rule described in subsection (f) expires on the earlier of the following dates:
(1) Two (2) years after the date on which the emergency rule
is accepted for filing with the publisher of the Indiana
Register.
(2) The date a permanent rule is adopted under this chapter.
(h) At least sixty (60) days before the education board adopts an
emergency rule under subsection (f), the education board shall:
(1) notify the public of its intention to adopt an emergency
rule by publishing a notice of intent to adopt an emergency
rule in the Indiana Register; and
(2) provide a period for public hearing and comment for the
proposed rule.
The publication notice described in subdivision (1) must include an
overview of the intent and scope of the proposed emergency rule
and the statutory authority for the rule.
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