Indiana 2024 Regular Session

Indiana Senate Bill SB0190 Compare Versions

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1+*ES0190.2*
2+February 27, 2024
3+ENGROSSED
4+SENATE BILL No. 190
5+_____
6+DIGEST OF SB 190 (Updated February 27, 2024 8:58 am - DI 140)
7+Citations Affected: IC 10-14.
8+Synopsis: State disaster relief fund. Makes changes to the permissible
9+uses for the state disaster relief fund (fund). Makes changes to the
10+requirements for an eligible entity to receive financial assistance from
11+the fund. Makes changes to the calculations used to determine the
12+amount of financial assistance an eligible entity may receive from the
13+fund. Increases, from $10,000 to $25,000, the amount of loss that may
14+be compensated for damages to an individual's property. Repeals
15+provisions that: (1) provide a definition of "public facility"; (2) provide
16+limitations for an entity suffering multiple disaster emergencies; and
17+(3) provide requirements for an application of an eligible entity that is
18+an individual to obtain financial assistance from the fund.
19+Effective: July 1, 2024.
20+Carrasco, Walker K, Rogers, Alting,
21+Doriot, Freeman, Randolph Lonnie M,
22+Buck, Niezgodski
23+(HOUSE SPONSORS — DAVIS, MELTZER, MCGUIRE, BARTELS)
24+January 9, 2024, read first time and referred to Committee on Homeland Security and
25+Transportation.
26+January 16, 2024, reported favorably — Do Pass; reassigned to Committee on
27+Appropriations.
28+February 1, 2024, reported favorably — Do Pass.
29+February 5, 2024, read second time, ordered engrossed. Engrossed.
30+February 6, 2024, read third time, passed. Yeas 48, nays 0.
31+HOUSE ACTION
32+February 12, 2024, read first time and referred to Committee on Veterans Affairs and
33+Public Safety.
34+February 19, 2024, reported — Do Pass. Referred to Committee on Ways and Means
35+pursuant to Rule 127.
36+February 27, 2024, reported — Do Pass.
37+ES 190—LS 6803/DI 116 February 27, 2024
138 Second Regular Session of the 123rd General Assembly (2024)
239 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
340 Constitution) is being amended, the text of the existing provision will appear in this style type,
441 additions will appear in this style type, and deletions will appear in this style type.
542 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
643 provision adopted), the text of the new provision will appear in this style type. Also, the
744 word NEW will appear in that style type in the introductory clause of each SECTION that adds
845 a new provision to the Indiana Code or the Indiana Constitution.
946 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1047 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 190
12-AN ACT to amend the Indiana Code concerning public safety.
48+ENGROSSED
49+SENATE BILL No. 190
50+A BILL FOR AN ACT to amend the Indiana Code concerning
51+public safety.
1352 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 10-14-4-4 IS REPEALED [EFFECTIVE JULY 1,
15-2024]. Sec. 4. As used in this chapter, "public facility" means any:
16-(1) building or structure;
17-(2) bridge, road, highway, or public way;
18-(3) park or recreational facility;
19-(4) sanitary sewer system or wastewater treatment facility;
20-(5) drainage or flood control facility;
21-(6) water treatment, water storage, or water distribution facility;
22-or
23-(7) other improvement or infrastructure;
24-owned by, maintained by, or operated by or on behalf of an eligible
25-entity.
26-SECTION 2. IC 10-14-4-5, AS AMENDED BY P.L.57-2008,
27-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28-JULY 1, 2024]: Sec. 5. (a) The state disaster relief fund is established
29-to provide financial assistance to:
30-(1) assist eligible entities in paying for:
31-(A) the costs of repairing, replacing, or restoring public
32-facilities property or individual residential real or personal
33-property damaged or destroyed by a disaster; or
34-(B) response costs incurred by an eligible entity during a
35-disaster; and
36-SEA 190 2
37-(2) allow the agency to pay for response costs incurred by the
38-state or a local unit of government at the direction of the agency;
39-and
40-(3) fund disaster mitigation projects.
41-The agency may provide financial assistance in response to a disaster
42-only from the balance in the fund that is unobligated. on the date the
43-disaster occurs.
44-(b) The fund consists of the following:
45-(1) Money appropriated by the general assembly.
46-(2) Money deposited under IC 22-11-14-12(c)(2).
47-(c) The agency shall administer the fund. Expenses of administering
48-the fund shall be paid from money in the fund. The treasurer of state
49-shall invest the money in the fund not currently needed to meet the
50-obligations of the fund in the same manner as other public funds may
51-be invested.
52-(d) Money in the fund at the end of a state fiscal year does not revert
53-to the state general fund.
54-SECTION 3. IC 10-14-4-6, AS AMENDED BY P.L.71-2013,
55-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56-JULY 1, 2024]: Sec. 6. Subject to the restrictions under this chapter,
57-the agency may use money in the fund to provide financial assistance
58-as follows: under section 5(a)(1) of this chapter to an eligible entity
59-that:
60-(1) has incurred a loss or response cost;
61-(2) is located in a jurisdiction that:
62-(A) has declared a local disaster emergency;
63-(B) requires state assistance to supplement local resources
64-to effectively respond to the disaster; and
65-(C) contains territory for which a disaster emergency has
66-been declared by the governor, if the eligible entity is not
67-an individual;
68-(3) has applied to the agency for financial assistance in the
69-form of a grant; and
70-(4) complies with all other requirements established by the
71-agency.
72-(1) To an eligible entity that:
73-(A) is not an individual;
74-(B) contains territory for which a disaster emergency has been
75-declared by the governor;
76-(C) has suffered damage to the entity's public facilities because
77-of the disaster for which the disaster emergency was declared;
78-(D) has applied to the department for financial assistance in
79-SEA 190 3
80-the form of a grant; and
81-(E) complies with all other requirements established by the
82-agency.
83-(2) To an eligible entity that:
84-(A) is not an individual;
85-(B) contributes personnel to a mobile support unit deployed to
86-assist another political subdivision in responding to a disaster
87-emergency that has been declared by the governor;
88-(C) incurs the cost of one (1) or more backfill employees that
89-are necessary to fill the position and perform the duties of an
90-employee deployed on a mobile support unit;
91-(D) has applied to the department for financial assistance in
92-the form of a grant; and
93-(E) complies with all other requirements established by the
94-agency.
95-(3) To an eligible entity:
96-(A) who is an individual;
97-(B) whose primary residence is located in territory for which:
98-(i) the United States Small Business Administration declares
99-a disaster; and
100-(ii) there has been no disaster declaration issued by the
101-President of the United States;
102-(C) who has suffered damage to the entity's primary residence
103-or individual property because of a disaster described in clause
104-(B); and
105-(D) who complies with all other requirements established by
106-the agency.
107-SECTION 4. IC 10-14-4-7, AS AMENDED BY P.L.107-2007,
108-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109-JULY 1, 2024]: Sec. 7. (a) This section does not apply to an eligible
110-entity that is an individual.
111-(b) Except as provided in section 8 of this chapter, The agency may
112-not make a grant to an eligible entity under this section 5(a)(1) of this
113-chapter unless the damage to the entity's public facilities eligible
114-entity caused by the disaster exceeds an amount equal to one dollar
115-($1) multiplied by the population of the eligible entity.
116-(c) Except as provided in subsection (d), a grant to an eligible
117-entity under this subsection section 5(a)(1) of this chapter may not
118-exceed an amount equal to:
119-(1) fifty percent (50%); multiplied by
120-(2) the result of
121-(A) the total cost of the damage to the entity's public facilities
122-SEA 190 4
123-eligible entity caused by the disaster. minus
124-(B) an amount equal to one dollar ($1) multiplied by the
125-population of the entity.
126-(d) Notwithstanding subsection (c), the percentage used to
127-calculate the grant amount under subsection (c)(1) may be
128-increased by five percent (5%) not to exceed a total of sixty-five
129-percent (65%) if the eligible entity:
130-(1) adopts a hazard mitigation plan;
131-(2) participates in the national flood insurance program's
132-community rating system established under 42 U.S.C.
133-4022(b)(1);
134-(3) performs an exercise related to emergency management;
135-or
136-(4) performs a qualifying mitigation activity identified by the
137-agency in a rule adopted under IC 4-22-2.
138-SECTION 5. IC 10-14-4-8 IS REPEALED [EFFECTIVE JULY 1,
139-2024]. Sec. 8. This section does not apply to an eligible entity that is an
140-individual. If the governor declares more than one (1) disaster
141-emergency in the same year for territory in an eligible entity, the
142-agency may, in addition to a grant under section 7 of this chapter, make
143-a grant to the entity under this section if the total cumulative cost of the
144-damage to the entity's public facilities caused by the disasters exceeds
145-two dollars ($2) multiplied by the population of the entity. A grant to
146-an eligible entity under this section may not exceed:
147-(1) the product of:
148-(A) fifty percent (50%); multiplied by
149-(B) the total cumulative cost of the damage to the entity's
150-public facilities caused by all disasters in the year; minus
151-(2) any grants previously made under section 7 of this chapter to
152-the entity during the year.
153-SECTION 6. IC 10-14-4-8.5, AS ADDED BY P.L.71-2013,
154-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155-JULY 1, 2024]: Sec. 8.5. The agency may make a grant to an eligible
156-entity under section 6(2) 5(a)(1) of this chapter for the cost of a backfill
157-employee, but only if and to the extent the cost of the backfill employee
158-represents extra cost to the political subdivision.
159-SECTION 7. IC 10-14-4-9, AS AMENDED BY P.L.107-2007,
160-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
161-JULY 1, 2024]: Sec. 9. This section does not apply to an eligible entity
162-that is an individual. To qualify for a grant under section 6 of this
163-chapter, the executive of an eligible entity must apply to the agency on
164-forms provided by the agency. The application must include the
165-SEA 190 5
166-following:
167-(1) A description and estimated cost of the damage caused by the
168-disaster to the entity's public facilities. entity.
169-(2) The manner in which the entity intends to use the grant
170-money.
171-(3) Any other information required by the agency.
172-SECTION 8. IC 10-14-4-13 IS REPEALED [EFFECTIVE JULY 1,
173-2024]. Sec. 13. (a) This section applies only to an eligible entity that is
174-an individual.
175-(b) To qualify for financial assistance under this chapter, including
176-a grant, an eligible entity must apply to the agency on forms provided
177-by the agency. The application must include the following:
178-(1) A description and estimated cost of the damage caused by the
179-disaster to the individual's property.
180-(2) The manner in which the individual intends to use the
181-financial assistance.
182-(3) Any other information required by the agency.
183-SECTION 9. IC 10-14-4-14, AS ADDED BY P.L.70-2019,
184-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185-JULY 1, 2024]: Sec. 14. (a) This section applies only to an eligible
186-entity that is an individual.
187-(b) The amount of loss that may be compensated for damages to an
188-individual's property:
189-(1) must be at least five hundred dollars ($500); and
190-(2) may not be more than ten thousand dollars ($10,000).
191-twenty-five thousand dollars ($25,000).
192-(c) Only one (1) individual per residence is eligible for
193-compensation under this section.
194-SEA 190 President of the Senate
195-President Pro Tempore
196-Speaker of the House of Representatives
197-Governor of the State of Indiana
198-Date: Time:
199-SEA 190
53+1 SECTION 1. IC 10-14-4-4 IS REPEALED [EFFECTIVE JULY 1,
54+2 2024]. Sec. 4. As used in this chapter, "public facility" means any:
55+3 (1) building or structure;
56+4 (2) bridge, road, highway, or public way;
57+5 (3) park or recreational facility;
58+6 (4) sanitary sewer system or wastewater treatment facility;
59+7 (5) drainage or flood control facility;
60+8 (6) water treatment, water storage, or water distribution facility;
61+9 or
62+10 (7) other improvement or infrastructure;
63+11 owned by, maintained by, or operated by or on behalf of an eligible
64+12 entity.
65+13 SECTION 2. IC 10-14-4-5, AS AMENDED BY P.L.57-2008,
66+14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67+15 JULY 1, 2024]: Sec. 5. (a) The state disaster relief fund is established
68+16 to provide financial assistance to:
69+17 (1) assist eligible entities in paying for:
70+ES 190—LS 6803/DI 116 2
71+1 (A) the costs of repairing, replacing, or restoring public
72+2 facilities property or individual residential real or personal
73+3 property damaged or destroyed by a disaster; or
74+4 (B) response costs incurred by an eligible entity during a
75+5 disaster; and
76+6 (2) allow the agency to pay for response costs incurred by the
77+7 state or a local unit of government at the direction of the agency;
78+8 and
79+9 (3) fund disaster mitigation projects.
80+10 The agency may provide financial assistance in response to a disaster
81+11 only from the balance in the fund that is unobligated. on the date the
82+12 disaster occurs.
83+13 (b) The fund consists of the following:
84+14 (1) Money appropriated by the general assembly.
85+15 (2) Money deposited under IC 22-11-14-12(c)(2).
86+16 (c) The agency shall administer the fund. Expenses of administering
87+17 the fund shall be paid from money in the fund. The treasurer of state
88+18 shall invest the money in the fund not currently needed to meet the
89+19 obligations of the fund in the same manner as other public funds may
90+20 be invested.
91+21 (d) Money in the fund at the end of a state fiscal year does not revert
92+22 to the state general fund.
93+23 SECTION 3. IC 10-14-4-6, AS AMENDED BY P.L.71-2013,
94+24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95+25 JULY 1, 2024]: Sec. 6. Subject to the restrictions under this chapter,
96+26 the agency may use money in the fund to provide financial assistance
97+27 as follows: under section 5(a)(1) of this chapter to an eligible entity
98+28 that:
99+29 (1) has incurred a loss or response cost;
100+30 (2) is located in a jurisdiction that:
101+31 (A) has declared a local disaster emergency;
102+32 (B) requires state assistance to supplement local resources
103+33 to effectively respond to the disaster; and
104+34 (C) contains territory for which a disaster emergency has
105+35 been declared by the governor, if the eligible entity is not
106+36 an individual;
107+37 (3) has applied to the agency for financial assistance in the
108+38 form of a grant; and
109+39 (4) complies with all other requirements established by the
110+40 agency.
111+41 (1) To an eligible entity that:
112+42 (A) is not an individual;
113+ES 190—LS 6803/DI 116 3
114+1 (B) contains territory for which a disaster emergency has been
115+2 declared by the governor;
116+3 (C) has suffered damage to the entity's public facilities because
117+4 of the disaster for which the disaster emergency was declared;
118+5 (D) has applied to the department for financial assistance in
119+6 the form of a grant; and
120+7 (E) complies with all other requirements established by the
121+8 agency.
122+9 (2) To an eligible entity that:
123+10 (A) is not an individual;
124+11 (B) contributes personnel to a mobile support unit deployed to
125+12 assist another political subdivision in responding to a disaster
126+13 emergency that has been declared by the governor;
127+14 (C) incurs the cost of one (1) or more backfill employees that
128+15 are necessary to fill the position and perform the duties of an
129+16 employee deployed on a mobile support unit;
130+17 (D) has applied to the department for financial assistance in
131+18 the form of a grant; and
132+19 (E) complies with all other requirements established by the
133+20 agency.
134+21 (3) To an eligible entity:
135+22 (A) who is an individual;
136+23 (B) whose primary residence is located in territory for which:
137+24 (i) the United States Small Business Administration declares
138+25 a disaster; and
139+26 (ii) there has been no disaster declaration issued by the
140+27 President of the United States;
141+28 (C) who has suffered damage to the entity's primary residence
142+29 or individual property because of a disaster described in clause
143+30 (B); and
144+31 (D) who complies with all other requirements established by
145+32 the agency.
146+33 SECTION 4. IC 10-14-4-7, AS AMENDED BY P.L.107-2007,
147+34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
148+35 JULY 1, 2024]: Sec. 7. (a) This section does not apply to an eligible
149+36 entity that is an individual.
150+37 (b) Except as provided in section 8 of this chapter, The agency may
151+38 not make a grant to an eligible entity under this section 5(a)(1) of this
152+39 chapter unless the damage to the entity's public facilities eligible
153+40 entity caused by the disaster exceeds an amount equal to one dollar
154+41 ($1) multiplied by the population of the eligible entity.
155+42 (c) Except as provided in subsection (d), a grant to an eligible
156+ES 190—LS 6803/DI 116 4
157+1 entity under this subsection section 5(a)(1) of this chapter may not
158+2 exceed an amount equal to:
159+3 (1) fifty percent (50%); multiplied by
160+4 (2) the result of
161+5 (A) the total cost of the damage to the entity's public facilities
162+6 eligible entity caused by the disaster. minus
163+7 (B) an amount equal to one dollar ($1) multiplied by the
164+8 population of the entity.
165+9 (d) Notwithstanding subsection (c), the percentage used to
166+10 calculate the grant amount under subsection (c)(1) may be
167+11 increased by five percent (5%) not to exceed a total of sixty-five
168+12 percent (65%) if the eligible entity:
169+13 (1) adopts a hazard mitigation plan;
170+14 (2) participates in the national flood insurance program's
171+15 community rating system established under 42 U.S.C.
172+16 4022(b)(1);
173+17 (3) performs an exercise related to emergency management;
174+18 or
175+19 (4) performs a qualifying mitigation activity identified by the
176+20 agency in a rule adopted under IC 4-22-2.
177+21 SECTION 5. IC 10-14-4-8 IS REPEALED [EFFECTIVE JULY 1,
178+22 2024]. Sec. 8. This section does not apply to an eligible entity that is an
179+23 individual. If the governor declares more than one (1) disaster
180+24 emergency in the same year for territory in an eligible entity, the
181+25 agency may, in addition to a grant under section 7 of this chapter, make
182+26 a grant to the entity under this section if the total cumulative cost of the
183+27 damage to the entity's public facilities caused by the disasters exceeds
184+28 two dollars ($2) multiplied by the population of the entity. A grant to
185+29 an eligible entity under this section may not exceed:
186+30 (1) the product of:
187+31 (A) fifty percent (50%); multiplied by
188+32 (B) the total cumulative cost of the damage to the entity's
189+33 public facilities caused by all disasters in the year; minus
190+34 (2) any grants previously made under section 7 of this chapter to
191+35 the entity during the year.
192+36 SECTION 6. IC 10-14-4-8.5, AS ADDED BY P.L.71-2013,
193+37 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194+38 JULY 1, 2024]: Sec. 8.5. The agency may make a grant to an eligible
195+39 entity under section 6(2) 5(a)(1) of this chapter for the cost of a backfill
196+40 employee, but only if and to the extent the cost of the backfill employee
197+41 represents extra cost to the political subdivision.
198+42 SECTION 7. IC 10-14-4-9, AS AMENDED BY P.L.107-2007,
199+ES 190—LS 6803/DI 116 5
200+1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201+2 JULY 1, 2024]: Sec. 9. This section does not apply to an eligible entity
202+3 that is an individual. To qualify for a grant under section 6 of this
203+4 chapter, the executive of an eligible entity must apply to the agency on
204+5 forms provided by the agency. The application must include the
205+6 following:
206+7 (1) A description and estimated cost of the damage caused by the
207+8 disaster to the entity's public facilities. entity.
208+9 (2) The manner in which the entity intends to use the grant
209+10 money.
210+11 (3) Any other information required by the agency.
211+12 SECTION 8. IC 10-14-4-13 IS REPEALED [EFFECTIVE JULY 1,
212+13 2024]. Sec. 13. (a) This section applies only to an eligible entity that is
213+14 an individual.
214+15 (b) To qualify for financial assistance under this chapter, including
215+16 a grant, an eligible entity must apply to the agency on forms provided
216+17 by the agency. The application must include the following:
217+18 (1) A description and estimated cost of the damage caused by the
218+19 disaster to the individual's property.
219+20 (2) The manner in which the individual intends to use the
220+21 financial assistance.
221+22 (3) Any other information required by the agency.
222+23 SECTION 9. IC 10-14-4-14, AS ADDED BY P.L.70-2019,
223+24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
224+25 JULY 1, 2024]: Sec. 14. (a) This section applies only to an eligible
225+26 entity that is an individual.
226+27 (b) The amount of loss that may be compensated for damages to an
227+28 individual's property:
228+29 (1) must be at least five hundred dollars ($500); and
229+30 (2) may not be more than ten thousand dollars ($10,000).
230+31 twenty-five thousand dollars ($25,000).
231+32 (c) Only one (1) individual per residence is eligible for
232+33 compensation under this section.
233+ES 190—LS 6803/DI 116 6
234+COMMITTEE REPORT
235+Madam President: The Senate Committee on Homeland Security
236+and Transportation, to which was referred Senate Bill No. 190, has had
237+the same under consideration and begs leave to report the same back
238+to the Senate with the recommendation that said bill DO PASS and be
239+reassigned to the Senate Committee on Appropriations.
240+ (Reference is to SB 190 as introduced.)
241+CRIDER, Chairperson
242+Committee Vote: Yeas 8, Nays 0
243+_____
244+COMMITTEE REPORT
245+Madam President: The Senate Committee on Appropriations, to
246+which was referred Senate Bill No. 190, has had the same under
247+consideration and begs leave to report the same back to the Senate with
248+the recommendation that said bill DO PASS.
249+ (Reference is to SB 190 as printed January 17, 2024.)
250+
251+MISHLER, Chairperson
252+Committee Vote: Yeas 12, Nays 0
253+_____
254+COMMITTEE REPORT
255+Mr. Speaker: Your Committee on Veterans Affairs and Public
256+Safety, to which was referred Senate Bill 190, has had the same under
257+consideration and begs leave to report the same back to the House with
258+the recommendation that said bill do pass.
259+(Reference is to SB 190 as printed February 2, 2024.)
260+BARTELS
261+Committee Vote: Yeas 9, Nays 0
262+ES 190—LS 6803/DI 116 7
263+COMMITTEE REPORT
264+Mr. Speaker: Your Committee on Ways and Means, to which was
265+referred Engrossed Senate Bill 190, has had the same under
266+consideration and begs leave to report the same back to the House with
267+the recommendation that said bill do pass.
268+(Reference is to ESB 190 as printed February 19, 2024.)
269+THOMPSON
270+Committee Vote: Yeas 20, Nays 0
271+ES 190—LS 6803/DI 116