*ES0190.1*
February 19, 2024
ENGROSSED
SENATE BILL No. 190
_____
DIGEST OF SB 190 (Updated February 19, 2024 11:10 am - DI 140)
Citations Affected: IC 10-14.
Synopsis: State disaster relief fund. Makes changes to the permissible
uses for the state disaster relief fund (fund). Makes changes to the
requirements for an eligible entity to receive financial assistance from
the fund. Makes changes to the calculations used to determine the
amount of financial assistance an eligible entity may receive from the
fund. Increases, from $10,000 to $25,000, the amount of loss that may
be compensated for damages to an individual's property. Repeals
provisions that: (1) provide a definition of "public facility"; (2) provide
limitations for an entity suffering multiple disaster emergencies; and
(3) provide requirements for an application of an eligible entity that is
an individual to obtain financial assistance from the fund.
Effective: July 1, 2024.
Carrasco, Walker K, Rogers, Alting,
Doriot, Freeman, Randolph Lonnie M,
Buck, Niezgodski
(HOUSE SPONSORS — DAVIS, MELTZER, MCGUIRE)
January 9, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
January 16, 2024, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 1, 2024, reported favorably — Do Pass.
February 5, 2024, read second time, ordered engrossed. Engrossed.
February 6, 2024, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Veterans Affairs and
Public Safety.
February 19, 2024, reported — Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
ES 190—LS 6803/DI 116 February 19, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 190
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-14-4-4 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. Sec. 4. As used in this chapter, "public facility" means any:
3 (1) building or structure;
4 (2) bridge, road, highway, or public way;
5 (3) park or recreational facility;
6 (4) sanitary sewer system or wastewater treatment facility;
7 (5) drainage or flood control facility;
8 (6) water treatment, water storage, or water distribution facility;
9 or
10 (7) other improvement or infrastructure;
11 owned by, maintained by, or operated by or on behalf of an eligible
12 entity.
13 SECTION 2. IC 10-14-4-5, AS AMENDED BY P.L.57-2008,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 5. (a) The state disaster relief fund is established
16 to provide financial assistance to:
17 (1) assist eligible entities in paying for:
ES 190—LS 6803/DI 116 2
1 (A) the costs of repairing, replacing, or restoring public
2 facilities property or individual residential real or personal
3 property damaged or destroyed by a disaster; or
4 (B) response costs incurred by an eligible entity during a
5 disaster; and
6 (2) allow the agency to pay for response costs incurred by the
7 state or a local unit of government at the direction of the agency;
8 and
9 (3) fund disaster mitigation projects.
10 The agency may provide financial assistance in response to a disaster
11 only from the balance in the fund that is unobligated. on the date the
12 disaster occurs.
13 (b) The fund consists of the following:
14 (1) Money appropriated by the general assembly.
15 (2) Money deposited under IC 22-11-14-12(c)(2).
16 (c) The agency shall administer the fund. Expenses of administering
17 the fund shall be paid from money in the fund. The treasurer of state
18 shall invest the money in the fund not currently needed to meet the
19 obligations of the fund in the same manner as other public funds may
20 be invested.
21 (d) Money in the fund at the end of a state fiscal year does not revert
22 to the state general fund.
23 SECTION 3. IC 10-14-4-6, AS AMENDED BY P.L.71-2013,
24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 6. Subject to the restrictions under this chapter,
26 the agency may use money in the fund to provide financial assistance
27 as follows: under section 5(a)(1) of this chapter to an eligible entity
28 that:
29 (1) has incurred a loss or response cost;
30 (2) is located in a jurisdiction that:
31 (A) has declared a local disaster emergency;
32 (B) requires state assistance to supplement local resources
33 to effectively respond to the disaster; and
34 (C) contains territory for which a disaster emergency has
35 been declared by the governor, if the eligible entity is not
36 an individual;
37 (3) has applied to the agency for financial assistance in the
38 form of a grant; and
39 (4) complies with all other requirements established by the
40 agency.
41 (1) To an eligible entity that:
42 (A) is not an individual;
ES 190—LS 6803/DI 116 3
1 (B) contains territory for which a disaster emergency has been
2 declared by the governor;
3 (C) has suffered damage to the entity's public facilities because
4 of the disaster for which the disaster emergency was declared;
5 (D) has applied to the department for financial assistance in
6 the form of a grant; and
7 (E) complies with all other requirements established by the
8 agency.
9 (2) To an eligible entity that:
10 (A) is not an individual;
11 (B) contributes personnel to a mobile support unit deployed to
12 assist another political subdivision in responding to a disaster
13 emergency that has been declared by the governor;
14 (C) incurs the cost of one (1) or more backfill employees that
15 are necessary to fill the position and perform the duties of an
16 employee deployed on a mobile support unit;
17 (D) has applied to the department for financial assistance in
18 the form of a grant; and
19 (E) complies with all other requirements established by the
20 agency.
21 (3) To an eligible entity:
22 (A) who is an individual;
23 (B) whose primary residence is located in territory for which:
24 (i) the United States Small Business Administration declares
25 a disaster; and
26 (ii) there has been no disaster declaration issued by the
27 President of the United States;
28 (C) who has suffered damage to the entity's primary residence
29 or individual property because of a disaster described in clause
30 (B); and
31 (D) who complies with all other requirements established by
32 the agency.
33 SECTION 4. IC 10-14-4-7, AS AMENDED BY P.L.107-2007,
34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 7. (a) This section does not apply to an eligible
36 entity that is an individual.
37 (b) Except as provided in section 8 of this chapter, The agency may
38 not make a grant to an eligible entity under this section 5(a)(1) of this
39 chapter unless the damage to the entity's public facilities eligible
40 entity caused by the disaster exceeds an amount equal to one dollar
41 ($1) multiplied by the population of the eligible entity.
42 (c) Except as provided in subsection (d), a grant to an eligible
ES 190—LS 6803/DI 116 4
1 entity under this subsection section 5(a)(1) of this chapter may not
2 exceed an amount equal to:
3 (1) fifty percent (50%); multiplied by
4 (2) the result of
5 (A) the total cost of the damage to the entity's public facilities
6 eligible entity caused by the disaster. minus
7 (B) an amount equal to one dollar ($1) multiplied by the
8 population of the entity.
9 (d) Notwithstanding subsection (c), the percentage used to
10 calculate the grant amount under subsection (c)(1) may be
11 increased by five percent (5%) not to exceed a total of sixty-five
12 percent (65%) if the eligible entity:
13 (1) adopts a hazard mitigation plan;
14 (2) participates in the national flood insurance program's
15 community rating system established under 42 U.S.C.
16 4022(b)(1);
17 (3) performs an exercise related to emergency management;
18 or
19 (4) performs a qualifying mitigation activity identified by the
20 agency in a rule adopted under IC 4-22-2.
21 SECTION 5. IC 10-14-4-8 IS REPEALED [EFFECTIVE JULY 1,
22 2024]. Sec. 8. This section does not apply to an eligible entity that is an
23 individual. If the governor declares more than one (1) disaster
24 emergency in the same year for territory in an eligible entity, the
25 agency may, in addition to a grant under section 7 of this chapter, make
26 a grant to the entity under this section if the total cumulative cost of the
27 damage to the entity's public facilities caused by the disasters exceeds
28 two dollars ($2) multiplied by the population of the entity. A grant to
29 an eligible entity under this section may not exceed:
30 (1) the product of:
31 (A) fifty percent (50%); multiplied by
32 (B) the total cumulative cost of the damage to the entity's
33 public facilities caused by all disasters in the year; minus
34 (2) any grants previously made under section 7 of this chapter to
35 the entity during the year.
36 SECTION 6. IC 10-14-4-8.5, AS ADDED BY P.L.71-2013,
37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 8.5. The agency may make a grant to an eligible
39 entity under section 6(2) 5(a)(1) of this chapter for the cost of a backfill
40 employee, but only if and to the extent the cost of the backfill employee
41 represents extra cost to the political subdivision.
42 SECTION 7. IC 10-14-4-9, AS AMENDED BY P.L.107-2007,
ES 190—LS 6803/DI 116 5
1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 9. This section does not apply to an eligible entity
3 that is an individual. To qualify for a grant under section 6 of this
4 chapter, the executive of an eligible entity must apply to the agency on
5 forms provided by the agency. The application must include the
6 following:
7 (1) A description and estimated cost of the damage caused by the
8 disaster to the entity's public facilities. entity.
9 (2) The manner in which the entity intends to use the grant
10 money.
11 (3) Any other information required by the agency.
12 SECTION 8. IC 10-14-4-13 IS REPEALED [EFFECTIVE JULY 1,
13 2024]. Sec. 13. (a) This section applies only to an eligible entity that is
14 an individual.
15 (b) To qualify for financial assistance under this chapter, including
16 a grant, an eligible entity must apply to the agency on forms provided
17 by the agency. The application must include the following:
18 (1) A description and estimated cost of the damage caused by the
19 disaster to the individual's property.
20 (2) The manner in which the individual intends to use the
21 financial assistance.
22 (3) Any other information required by the agency.
23 SECTION 9. IC 10-14-4-14, AS ADDED BY P.L.70-2019,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 14. (a) This section applies only to an eligible
26 entity that is an individual.
27 (b) The amount of loss that may be compensated for damages to an
28 individual's property:
29 (1) must be at least five hundred dollars ($500); and
30 (2) may not be more than ten thousand dollars ($10,000).
31 twenty-five thousand dollars ($25,000).
32 (c) Only one (1) individual per residence is eligible for
33 compensation under this section.
ES 190—LS 6803/DI 116 6
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 190, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to SB 190 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 190, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to SB 190 as printed January 17, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 12, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred Senate Bill 190, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 190 as printed February 2, 2024.)
BARTELS
Committee Vote: Yeas 9, Nays 0
ES 190—LS 6803/DI 116