Indiana 2024 Regular Session

Indiana House Bill HB1089 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1089
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-23-35.
7	7	Synopsis: Public safety officer benefit advisory board. Establishes the
8	8	public safety officer benefit advisory board (board). Requires the state
9	9	police department to provide staff support for the board. Requires the
10	10	board to provide a report to the legislative council and interim study
11	11	committee on pension management oversight before October 1 of each
12	12	year.
13	13	Effective: Upon passage.
14	14	Schaibley
15	15	January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
16	16	Safety.
17	17	2024 IN 1089—LS 6212/DI 141 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1089
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning state
30	30	offices and administration.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 4-23-35 IS ADDED TO THE INDIANA CODE AS
33	33	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
34	34	3 PASSAGE]:
35	35	4 Chapter 35. Public Safety Officer Benefit Advisory Board
36	36	5 Sec. 1. As used in this chapter, "advisory board" refers to the
37	37	6 public safety officer benefit advisory board established by section
38	38	7 4 of this chapter.
39	39	8 Sec. 2. As used in this chapter, "dies in the line of duty" has the
40	40	9 meaning set forth in IC 5-10-10-2(a).
41	41	10 Sec. 3. As used in this chapter, "public safety officer" means any
42	42	11 of the following:
43	43	12 (1) A state police officer.
44	44	13 (2) A county sheriff.
45	45	14 (3) A county police officer.
46	46	15 (4) A correctional officer (as defined in IC 5-10-10-1.5).
47	47	16 (5) An excise police officer.
48	48	17 (6) A county police reserve officer.
49	49	2024 IN 1089—LS 6212/DI 141 2
50	50	1 (7) A city or town police officer.
51	51	2 (8) A city or town police reserve officer.
52	52	3 (9) A police officer who is employed by an airport authority.
53	53	4 (10) A conservation enforcement officer.
54	54	5 (11) A town marshal.
55	55	6 (12) A deputy town marshal.
56	56	7 (13) A probation officer.
57	57	8 (14) A state educational institution police officer appointed
58	58	9 under IC 21-39-4.
59	59	10 (15) A police officer whose employer purchases coverage
60	60	11 under IC 5-10-10-4.5.
61	61	12 (16) An emergency medical services provider (as defined in
62	62	13 IC 16-41-10-1).
63	63	14 (17) A firefighter, including a volunteer firefighter.
64	64	15 (18) A member of a consolidated law enforcement department
65	65	16 established under IC 36-3-1-5.1.
66	66	17 (19) A gaming agent of the Indiana gaming commission.
67	67	18 (20) A person who is:
68	68	19 (A) employed by a political subdivision (as defined in
69	69	20 IC 36-1-2-13); and
70	70	21 (B) appointed as a special deputy under IC 36-8-10-10.6.
71	71	22 (21) A school corporation police officer appointed under
72	72	23 IC 20-26-16.
73	73	24 (22) A gaming control officer of the Indiana gaming
74	74	25 commission.
75	75	26 (23) An eligible chaplain who meets the requirements of
76	76	27 IC 5-10-10-4.7.
77	77	28 (24) A community corrections officer.
78	78	29 (25) An emergency management worker (as defined in
79	79	30 IC 10-14-3-3), including:
80	80	31 (A) an employee of the Indiana department of homeland
81	81	32 security who is working in an official capacity as an
82	82	33 employee during a disaster or an emergency response; or
83	83	34 (B) an employee of a political subdivision who is employed
84	84	35 as:
85	85	36 (i) an emergency management director;
86	86	37 (ii) an assistant emergency management director; or
87	87	38 (iii) a deputy emergency management director;
88	88	39 for the political subdivision.
89	89	40 (26) A division fire investigator (as described in IC 22-14-2-8).
90	90	41 (27) A school resource officer (as defined in IC 20-26-18.2-1).
91	91	42 (28) A county coroner.
92	92	2024 IN 1089—LS 6212/DI 141 3
93	93	1 (29) A deputy county coroner.
94	94	2 Sec. 4. The public safety officer benefit advisory board is
95	95	3 established as a continuing board to gather information and
96	96	4 provide resources relating to benefits for a public safety officer
97	97	5 who dies in the line of duty, including the following benefits:
98	98	6 (1) A benefit paid from the special death benefit fund under
99	99	7 any of the following statutes:
100	100	8 (A) IC 5-10-10-6.
101	101	9 (B) IC 10-12-6-2.
102	102	10 (C) IC 36-8-6-20.
103	103	11 (D) IC 36-8-7-26.
104	104	12 (E) IC 36-8-7.5-22.
105	105	13 (F) IC 36-8-8-20.
106	106	14 (2) Educational costs exemption under IC 21-14-4.
107	107	15 (3) Benefits provided to a surviving spouse, child, or parent
108	108	16 under any of the following pension or retirement funds:
109	109	17 (A) The public employees' retirement fund established
110	110	18 under IC 5-10.2 and IC 5-10.3.
111	111	19 (B) The state excise police, gaming agent, gaming control
112	112	20 officer, and conservation enforcement officers' retirement
113	113	21 fund established under IC 5-10-5.5.
114	114	22 (C) The state police pension trust established under
115	115	23 IC 10-12.
116	116	24 (D) The 1937 firefighters' pension fund.
117	117	25 (E) The 1925 police pension fund established under
118	118	26 IC 36-8-6.
119	119	27 (F) The 1953 police pension fund under IC 36-8-7.5.
120	120	28 (G) The 1977 police officers' and firefighters' pension and
121	121	29 disability fund established under IC 36-8-8.
122	122	30 (H) A sheriff's pension trust established under
123	123	31 IC 36-8-10-12.
124	124	32 (4) Survivor health benefits provided under any of the
125	125	33 following statutes:
126	126	34 (A) IC 5-10-14.
127	127	35 (B) IC 5-10-18.
128	128	36 (C) IC 36-8-6-9.7.
129	129	37 (D) IC 36-8-6-10.1.
130	130	38 (E) IC 36-8-7-12.3.
131	131	39 (F) IC 36-8-7-12.4.
132	132	40 (G) IC 36-8-7.5-13.7.
133	133	41 (H) IC 36-8-7.5-14.1.
134	134	42 (I) IC 36-8-8-13.9.
135	135	2024 IN 1089—LS 6212/DI 141 4
136	136	1 (J) IC 36-8-8-14.1.
137	137	2 (K) IC 36-8-10-16.5.
138	138	3 (5) Any other benefits identified by the advisory board.
139	139	4 Sec. 5. (a) The advisory board consists of the following
140	140	5 members:
141	141	6 (1) The superintendent of the state police department or the
142	142	7 superintendent's designee.
143	143	8 (2) The director of the department of natural resources or the
144	144	9 director's designee.
145	145	10 (3) The commissioner of the department of correction or the
146	146	11 commissioner's designee.
147	147	12 (4) One (1) county sheriff, appointed by the governor.
148	148	13 (5) One (1) chief of police, appointed by the governor.
149	149	14 (6) One (1) fire chief, appointed by the governor.
150	150	15 (7) One (1) paramedic or emergency medical technician,
151	151	16 appointed by the governor.
152	152	17 (b) The superintendent of the state police department or the
153	153	18 superintendent's designee shall serve as chairperson of the
154	154	19 advisory board.
155	155	20 (c) The following apply to a member appointed under subsection
156	156	21 (a)(4) through (a)(7):
157	157	22 (1) Except as provided in subsection (d), a member serves a
158	158	23 four (4) year term.
159	159	24 (2) A member serves at the pleasure of the governor.
160	160	25 (3) A member may be reappointed to successive terms.
161	161	26 (4) A member serves until the member's successor is
162	162	27 appointed and qualified.
163	163	28 (5) A vacancy must be filled by appointment of the governor.
164	164	29 An individual appointed to fill a vacancy serves for the
165	165	30 unexpired term of the individual's predecessor.
166	166	31 (d) A member appointed under subsection (a)(4) or (a)(6) serves
167	167	32 an initial term that expires December 31, 2025. A member
168	168	33 appointed under subsection (a)(5) or (a)(7) serves an initial term
169	169	34 that expires December 31, 2027.
170	170	35 Sec. 6. (a) The advisory board shall meet at least one (1) time
171	171	36 per calendar year at the call of the chairperson.
172	172	37 (b) A majority of the members of the advisory board constitutes
173	173	38 a quorum.
174	174	39 Sec. 7. The state police department shall provide staff support
175	175	40 and meeting space to the advisory board.
176	176	41 Sec. 8. (a) Each member of the advisory board who is not a state
177	177	42 employee is entitled to the minimum salary per diem provided by
178	178	2024 IN 1089—LS 6212/DI 141 5
179	179	1 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
180	180	2 for mileage and traveling expenses, as provided under IC 4-13-1-4,
181	181	3 and other expenses actually incurred in connection with the
182	182	4 member's duties as provided in the state policies and procedures
183	183	5 established by the Indiana department of administration and
184	184	6 approved by the budget agency.
185	185	7 (b) Each member of the advisory board who is a state employee
186	186	8 is entitled to reimbursement for traveling expenses as provided
187	187	9 under IC 4-13-1-4 and other expenses actually incurred in
188	188	10 connection with the member's duties as provided in the state
189	189	11 policies and procedures established by the Indiana department of
190	190	12 administration and approved by the budget agency.
191	191	13 Sec. 9. The advisory board shall do the following:
192	192	14 (1) Compile information concerning:
193	193	15 (A) the benefits described in section 4 of this chapter,
194	194	16 including information on eligibility requirements and the
195	195	17 application process for the benefits; and
196	196	18 (B) any private entities that:
197	197	19 (i) provide benefits for a public safety officer who dies in
198	198	20 the line of duty; or
199	199	21 (ii) assist a surviving spouse, child, or parent in obtaining
200	200	22 benefits.
201	201	23 (2) Make the following information available on the state
202	202	24 police department's website:
203	203	25 (A) The information compiled under subdivision (1).
204	204	26 (B) The contact information of at least one (1) individual
205	205	27 who is available to assist individuals in accessing the
206	206	28 information and services provided by the advisory board.
207	207	29 (3) Advise and assist a surviving spouse, child, or parent of a
208	208	30 public safety officer who dies in the line of duty with
209	209	31 identifying and obtaining benefits.
210	210	32 (4) Provide training to an employer of a public safety officer
211	211	33 on:
212	212	34 (A) available benefits for a public safety officer who dies in
213	213	35 the line of duty and the process for obtaining the benefits;
214	214	36 and
215	215	37 (B) the implementation of a policy to encourage a public
216	216	38 safety officer to update beneficiary information on:
217	217	39 (i) an annual basis; and
218	218	40 (ii) the occurrence of marriage, divorce, birth of a child,
219	219	41 adoption of a child, or death of a family member.
220	220	42 (5) Make recommendations to:
221	221	2024 IN 1089—LS 6212/DI 141 6
222	222	1 (A) the general assembly concerning any modifications or
223	223	2 amendments to the benefits described in section 4 of this
224	224	3 chapter; and
225	225	4 (B) the general assembly or an appropriate agency
226	226	5 concerning whether:
227	227	6 (i) the name of a public safety officer who died in the line
228	228	7 of duty should be added to an existing monument or
229	229	8 memorial; or
230	230	9 (ii) a new monument or memorial should be established
231	231	10 to memorialize public safety officers who die in the line
232	232	11 of duty.
233	233	12 Sec. 10. (a) Before October 1 of each year, the advisory board
234	234	13 shall submit a report setting forth the recommendations made
235	235	14 under section 9(5) of this chapter to the:
236	236	15 (1) legislative council; and
237	237	16 (2) interim study committee on pension management
238	238	17 oversight.
239	239	18 (b) A report described in this section must be in an electronic
240	240	19 format under IC 5-14-6.
241	241	20 SECTION 2. An emergency is declared for this act.
242	242	2024 IN 1089—LS 6212/DI 141