Indiana 2023 Regular Session

Indiana House Bill HB1266 Compare Versions

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1+*EH1266.3*
2+Reprinted
3+April 4, 2023
4+ENGROSSED
5+HOUSE BILL No. 1266
6+_____
7+DIGEST OF HB 1266 (Updated April 3, 2023 2:53 pm - DI 151)
8+Citations Affected: IC 10-16.
9+Synopsis: Cyber civilian corps program advisory board. Establishes
10+the Indiana cyber civilian corps program advisory board (board).
11+Provides for the membership of the board. Requires the adjutant
12+general to provide staff support for the board and to pay the expenses
13+incurred by the board from amounts appropriated for the adjutant
14+general. Requires the board to provide findings and recommendations
15+concerning the establishment of an Indiana cyber civilian corps
16+program to the legislative council.
17+Effective: July 1, 2023.
18+Judy, Frye R, Bartels, Morris
19+(SENATE SPONSORS — ZAY, CRIDER, KOCH, BUSCH)
20+January 11, 2023, read first time and referred to Committee on Veterans Affairs and Public
21+Safety.
22+January 24, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
23+Means pursuant to Rule 127.
24+February 14, 2023, amended, reported — Do Pass.
25+February 20, 2023, read second time, amended, ordered engrossed.
26+February 21, 2023, engrossed. Read third time, passed. Yeas 94, nays 0.
27+SENATE ACTION
28+March 6, 2023, read first time and referred to Committee on Veterans Affairs and The
29+Military.
30+March 21, 2023, reported favorably — Do Pass.
31+March 28, 2023, read second time, amended, ordered engrossed.
32+March 29, 2023, engrossed.
33+March 30, 2023, returned to second reading.
34+April 3, 2023, re-read second time, amended, ordered engrossed.
35+EH 1266—LS 7366/DI 119 Reprinted
36+April 4, 2023
137 First Regular Session of the 123rd General Assembly (2023)
238 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
339 Constitution) is being amended, the text of the existing provision will appear in this style type,
440 additions will appear in this style type, and deletions will appear in this style type.
541 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
642 provision adopted), the text of the new provision will appear in this style type. Also, the
743 word NEW will appear in that style type in the introductory clause of each SECTION that adds
844 a new provision to the Indiana Code or the Indiana Constitution.
945 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1046 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1266
12-AN ACT to amend the Indiana Code concerning state offices and
13-administration.
47+ENGROSSED
48+HOUSE BILL No. 1266
49+A BILL FOR AN ACT to amend the Indiana Code concerning state
50+offices and administration.
1451 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 10-16-21 IS ADDED TO THE INDIANA CODE
16-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2023]:
18-Chapter 21. Indiana Cyber Civilian Corps Program Advisory
19-Board
20-Sec. 1. (a) The Indiana cyber civilian corps program advisory
21-board is established within the military department.
22-(b) The advisory board is composed of the following members:
23-(1) The adjutant general or the adjutant general's designee.
24-(2) The director of information technology services who is
25-employed by a state agency or political subdivision and who
26-is appointed by the chief information officer, or the director's
27-designee.
28-(3) The superintendent of the state police department or the
29-superintendent's designee.
30-(4) The designee of the Indiana Executive Council on
31-Cybersecurity.
32-(5) A mayor or county commissioner appointed to the
33-advisory board by the governor.
34-(6) A designee of the president pro tempore of the senate.
35-(7) A designee of the speaker of the house of representatives.
36-HEA 1266 — CC 1 2
37-(8) A designee of the minority leader of the senate.
38-(9) A designee of the minority leader of the house of
39-representatives.
40-(c) The member described in subsection (b)(1) shall serve as the
52+1 SECTION 1. IC 10-16-21 IS ADDED TO THE INDIANA CODE
53+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
54+3 JULY 1, 2023]:
55+4 Chapter 21. Indiana Cyber Civilian Corps Program Advisory
56+5 Board
57+6 Sec. 1. (a) The Indiana cyber civilian corps program advisory
58+7 board is established within the military department.
59+8 (b) The advisory board is composed of the following members:
60+9 (1) The adjutant general or the adjutant general's designee.
61+10 (2) The director of information technology services who is
62+11 employed by a state agency or political subdivision and who
63+12 is appointed by the chief information officer, or the director's
64+13 designee.
65+14 (3) The superintendent of the state police department or the
66+15 superintendent's designee.
67+16 (4) The designee of the Indiana Executive Council on
68+17 Cybersecurity.
69+EH 1266—LS 7366/DI 119 2
70+1 (5) A mayor or county commissioner appointed to the
71+2 advisory board by the governor.
72+3 (6) A member of the senate appointed by the president pro
73+4 tempore of the senate.
74+5 (7) A member of the house of representatives appointed by the
75+6 speaker of the house of representatives.
76+7 (8) A member of the senate appointed by the minority leader
77+8 of the senate.
78+9 (9) A member of the house of representatives appointed by the
79+10 minority leader of the house of representatives.
80+11 (c) The member described in subsection (b)(1) shall serve as the
81+12 chairperson for the advisory board.
82+13 (d) This subsection applies to a member described in subsection
83+14 (b)(5), (b)(6), (b)(7), (b)(8), or (b)(9). The following apply:
84+15 (1) The member serves a four (4) year term that ends on June
85+16 30 of the second odd-numbered year after the year the
86+17 member's term begins.
87+18 (2) The member serves at the pleasure of the member's
88+19 appointing authority.
89+20 (3) The member's appointing authority may appoint an
90+21 individual to fill a vacancy for the remainder of the term of
91+22 the member the individual is appointed to succeed.
92+23 (4) A member may be reappointed to subsequent terms.
93+24 (e) A member of the advisory board who is a state employee or
94+25 a member of the general assembly is entitled to reimbursement for
95+26 mileage, traveling expenses, and other expenses actually incurred
96+27 in connection with the member's duties, as provided in the state
97+28 travel policies and procedures established by the Indiana
98+29 department of administration and approved by the budget agency.
99+30 (f) A member of the advisory board who is not a state employee
100+31 or a member of the general assembly is entitled to:
101+32 (1) the minimum salary per diem provided by
102+33 IC 4-10-11-2.1(b); and
103+34 (2) reimbursement for mileage, traveling expenses, and other
104+35 expenses actually incurred in connection with the member's
105+36 duties, as provided in the state travel policies and procedures
106+37 established by the Indiana department of administration and
107+38 approved by the budget agency.
108+39 (g) The advisory board shall review and make recommendations
109+40 to the adjutant general regarding the policies and procedures used
110+41 by the adjutant general in implementing this chapter.
111+42 (h) The advisory board shall meet at the call of the chairperson
112+EH 1266—LS 7366/DI 119 3
113+1 at least two (2) times each year.
114+2 (i) The advisory board shall review and make recommendations
115+3 regarding:
116+4 (1) how to develop and implement an Indiana cyber civilian
117+5 corps program;
118+6 (2) how to best administer an Indiana cyber civilian corps
119+7 program;
120+8 (3) how and when to deploy an Indiana cyber civilian corps
121+9 program volunteer; and
122+10 (4) how to define an eligible Indiana cyber civilian corps
123+11 program client.
124+12 (j) The advisory board shall assess the estimated cost to most
125+13 financially efficiently establish an Indiana civilian cyber corps
126+14 program.
127+15 (k) The adjutant general shall provide staff support and
128+16 technical assistance to the advisory board to carry out its duties
129+17 under this chapter. The adjutant general shall pay the expenses
130+18 incurred by the advisory board from amounts appropriated for the
131+19 adjutant general.
132+20 (l) On or before November 1, 2023, and each year thereafter, the
133+21 advisory board shall report its findings and recommendations in an
134+22 electronic format under IC 5-14-6 to the legislative council.
135+EH 1266—LS 7366/DI 119 4
136+COMMITTEE REPORT
137+Mr. Speaker: Your Committee on Veterans Affairs and Public
138+Safety, to which was referred House Bill 1266, has had the same under
139+consideration and begs leave to report the same back to the House with
140+the recommendation that said bill be amended as follows:
141+Page 1, line 13, after "individual" insert "who is a United States
142+citizen".
143+Page 2, line 2, after "individual" insert "who is a United States
144+citizen".
145+and when so amended that said bill do pass.
146+(Reference is to HB 1266 as introduced.)
147+FRYE R
148+Committee Vote: yeas 10, nays 0.
149+_____
150+COMMITTEE REPORT
151+Mr. Speaker: Your Committee on Ways and Means, to which was
152+referred House Bill 1266, has had the same under consideration and
153+begs leave to report the same back to the House with the
154+recommendation that said bill be amended as follows:
155+Page 1, delete lines 1 through 17.
156+Delete pages 2 through 3.
157+Page 4, delete lines 1 through 30.
158+Page 4, line 34, after "Program" insert "Advisory Board".
159+Page 4, delete lines 35 through 42.
160+Delete pages 5 through 8.
161+Page 9, delete lines 1 through 27.
162+Page 9, line 28, delete "8." and insert "1.".
163+Page 10, delete lines 10 through 42, begin a new line blocked left
164+and insert:
165+"regarding:
166+(1) how to develop and implement an Indiana cyber civilian
167+corps program;
168+(2) how to best administer an Indiana cyber civilian corps
169+program;
170+(3) how and when to deploy an Indiana cyber civilian corps
171+program volunteer; and
172+EH 1266—LS 7366/DI 119 5
173+(4) how to define an eligible Indiana cyber civilian corps
174+program client.
175+(f) The advisory board shall assess the estimated cost to most
176+financially efficiently establish an Indiana civilian cyber corps
177+program.
178+(g) The advisory board shall report its findings and
179+recommendations in an electronic format under IC 5-4-16 to the
180+legislative council not later than November 15, 2023.".
181+Delete pages 11 through 14.
182+Renumber all SECTIONS consecutively.
183+and when so amended that said bill do pass.
184+(Reference is to HB 1266 as printed January 24, 2023.)
185+THOMPSON
186+Committee Vote: yeas 20, nays 0.
187+_____
188+HOUSE MOTION
189+Mr. Speaker: I move that House Bill 1266 be amended to read as
190+follows:
191+Page 2, between lines 6 and 7, begin a new paragraph and insert:
192+"(c) The member described in subsection (b)(1) shall serve as the
41193 chairperson for the advisory board.
42194 (d) This subsection applies to a member described in subsection
43-(b)(5), (b)(6), (b)(7), (b)(8), or (b)(9). The following apply:
195+(b)(5), (b)(6), or (b)(7). The following apply:
44196 (1) The member serves a four (4) year term that ends on June
45197 30 of the second odd-numbered year after the year the
46198 member's term begins.
47199 (2) The member serves at the pleasure of the member's
48200 appointing authority.
49201 (3) The member's appointing authority may appoint an
50202 individual to fill a vacancy for the remainder of the term of
51203 the member the individual is appointed to succeed.
52-(4) A member may be reappointed to subsequent terms.
53-(e) The advisory board shall review and make recommendations
54-to the adjutant general regarding the policies and procedures used
55-by the adjutant general in implementing this chapter.
56-(f) The advisory board shall meet at the call of the chairperson
57-at least two (2) times each year.
58-(g) The advisory board shall review and make recommendations
59-regarding:
60-(1) how to develop and implement an Indiana cyber civilian
61-corps program;
62-(2) how to best administer an Indiana cyber civilian corps
63-program;
64-(3) how and when to deploy an Indiana cyber civilian corps
65-program volunteer; and
66-(4) how to define an eligible Indiana cyber civilian corps
67-program client.
68-(h) The advisory board shall assess the estimated cost to most
69-financially efficiently establish an Indiana civilian cyber corps
70-program.
71-(i) The adjutant general shall provide staff support and
72-technical assistance to the advisory board to carry out the advisory
73-board's duties under this chapter.
74-(j) On or before November 1, 2023, and each year thereafter, the
75-advisory board shall report its findings and recommendations in an
76-electronic format under IC 5-14-6 to the legislative council.
77-HEA 1266 — CC 1 Speaker of the House of Representatives
78-President of the Senate
79-President Pro Tempore
80-Governor of the State of Indiana
81-Date: Time:
82-HEA 1266 — CC 1
204+(e) Any member of the advisory board who is not a state
205+employee is entitled to the minimum salary per diem provided by
206+IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
207+for traveling expenses under IC 4-13-1-4 and other expenses
208+actually incurred in connection with the member's duties as
209+provided in the state policies and procedures established by the
210+EH 1266—LS 7366/DI 119 6
211+Indiana department of administration and approved by the budget
212+agency.
213+(f) Any member of the advisory board who is a state employee
214+but who is not a member of the general assembly is entitled to
215+reimbursement for traveling expenses under IC 4-13-1-4 and other
216+expenses actually incurred in connection with the member's duties
217+as provided in the state policies and procedures established by the
218+Indiana department of administration and approved by the budget
219+agency.
220+(g) Any member of the advisory board who is a member of the
221+general assembly is entitled to receive the same per diem, mileage,
222+and travel allowances paid to members of the general assembly
223+serving on interim study committees established by the legislative
224+council.".
225+Page 2, line 7, delete "(c)" and insert "(h)".
226+Page 2, line 10, delete "(d)" and insert "(i)".
227+Page 2, line 10, after "at" insert "the call of the chairperson and".
228+Page 2, line 12, delete "(e)" and insert "(j)".
229+Page 2, line 22, delete "(f)" and insert "(k)".
230+Page 2, delete lines 25 through 27, begin a new paragraph and
231+insert:
232+"(l) The adjutant general shall provide staff support and
233+technical assistance to the advisory board to carry out its duties
234+under this chapter.
235+(m) On or before November 1, 2023, and each year thereafter,
236+the advisory board shall report its findings and recommendations
237+in an electronic format under IC 5-14-6 to the legislative council.".
238+(Reference is to HB 1266 as printed February 14, 2023.)
239+JUDY
240+_____
241+COMMITTEE REPORT
242+Madam President: The Senate Committee on Veterans Affairs and
243+The Military, to which was referred House Bill No. 1266, has had the
244+same under consideration and begs leave to report the same back to the
245+Senate with the recommendation that said bill DO PASS.
246+ (Reference is to HB 1266 as reprinted February 21, 2023.)
247+
248+TOMES, Chairperson
249+Committee Vote: Yeas 8, Nays 0
250+EH 1266—LS 7366/DI 119 7
251+SENATE MOTION
252+Madam President: I move that Engrossed House Bill 1266 be
253+amended to read as follows:
254+Page 2, between lines 6 and 7, begin a new line block indented and
255+insert:
256+"(8) A member appointed by the minority leader of the senate.
257+(9) A member appointed by the minority leader of the house
258+of representatives.".
259+Page 2, line 10, delete "or (b)(7)." and insert "(b)(7), (b)(8), or
260+(b)(9).".
261+(Reference is to EHB 1266 as printed March 22, 2023.)
262+HUNLEY
263+_____
264+SENATE MOTION
265+Madam President: I move that Engrossed House Bill 1266 be
266+amended to read as follows:
267+Page 2, line 3, after "member" insert "of the senate".
268+Page 2, line 5, after "member" insert "of the house of
269+representatives".
270+Page 2, between lines 18 and 19, begin a new line block indented
271+and insert:
272+"(4) A member may be reappointed to subsequent terms.".
273+Page 2, delete lines 19 through 38, begin a new paragraph and
274+insert:
275+"(e) A member of the advisory board who is a state employee or
276+a member of the general assembly is entitled to reimbursement for
277+mileage, traveling expenses, and other expenses actually incurred
278+in connection with the member's duties, as provided in the state
279+travel policies and procedures established by the Indiana
280+department of administration and approved by the budget agency.
281+(f) A member of the advisory board who is not a state employee
282+or a member of the general assembly is entitled to:
283+(1) the minimum salary per diem provided by
284+IC 4-10-11-2.1(b); and
285+(2) reimbursement for mileage, traveling expenses, and other
286+expenses actually incurred in connection with the member's
287+duties, as provided in the state travel policies and procedures
288+established by the Indiana department of administration and
289+EH 1266—LS 7366/DI 119 8
290+approved by the budget agency.".
291+Page 2, line 39, delete "(h)" and insert "(g)".
292+Page 2, line 42, delete "(i)" and insert "(h)".
293+Page 3, line 1, delete "and" and insert "at".
294+Page 3, line 2, delete "(j)" and insert "(i)".
295+Page 3, line 12, delete "(k)" and insert "(j)".
296+Page 3, line 15, delete "(l)" and insert "(k)".
297+Page 3, line 17, after "chapter." insert "The adjutant general shall
298+pay the expenses incurred by the advisory board from amounts
299+appropriated for the adjutant general.".
300+Page 3, line 18, delete "(m)" and insert "(l)".
301+(Reference is to EHB 1266 as printed March 22, 2023.)
302+ZAY
303+_____
304+SENATE MOTION
305+Madam President: I move that Engrossed House Bill 1266, which
306+is eligible for third reading, be returned to second reading for purposes
307+of amendment.
308+ZAY
309+_____
310+SENATE MOTION
311+Madam President: I move that Engrossed House Bill 1266 be
312+amended to read as follows:
313+Page 2, line 7, after "member" insert "of the senate".
314+Page 2, line 8, after "member" insert "of the house of
315+representatives".
316+(Reference is to EHB 1266 as reprinted March 29, 2023.)
317+HUNLEY
318+EH 1266—LS 7366/DI 119