Second Regular Session of the 123rd General Assembly (2024)
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 190
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-14-4-4 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 4. As used in this chapter, "public facility" means any:
(1) building or structure;
(2) bridge, road, highway, or public way;
(3) park or recreational facility;
(4) sanitary sewer system or wastewater treatment facility;
(5) drainage or flood control facility;
(6) water treatment, water storage, or water distribution facility;
or
(7) other improvement or infrastructure;
owned by, maintained by, or operated by or on behalf of an eligible
entity.
SECTION 2. IC 10-14-4-5, AS AMENDED BY P.L.57-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) The state disaster relief fund is established
to provide financial assistance to:
(1) assist eligible entities in paying for:
(A) the costs of repairing, replacing, or restoring public
facilities property or individual residential real or personal
property damaged or destroyed by a disaster; or
(B) response costs incurred by an eligible entity during a
disaster; and
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(2) allow the agency to pay for response costs incurred by the
state or a local unit of government at the direction of the agency;
and
(3) fund disaster mitigation projects.
The agency may provide financial assistance in response to a disaster
only from the balance in the fund that is unobligated. on the date the
disaster occurs.
(b) The fund consists of the following:
(1) Money appropriated by the general assembly.
(2) Money deposited under IC 22-11-14-12(c)(2).
(c) The agency shall administer the fund. Expenses of administering
the fund shall be paid from money in the fund. 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.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 3. IC 10-14-4-6, AS AMENDED BY P.L.71-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. Subject to the restrictions under this chapter,
the agency may use money in the fund to provide financial assistance
as follows: under section 5(a)(1) of this chapter to an eligible entity
that:
(1) has incurred a loss or response cost;
(2) is located in a jurisdiction that:
(A) has declared a local disaster emergency;
(B) requires state assistance to supplement local resources
to effectively respond to the disaster; and
(C) contains territory for which a disaster emergency has
been declared by the governor, if the eligible entity is not
an individual;
(3) has applied to the agency for financial assistance in the
form of a grant; and
(4) complies with all other requirements established by the
agency.
(1) To an eligible entity that:
(A) is not an individual;
(B) contains territory for which a disaster emergency has been
declared by the governor;
(C) has suffered damage to the entity's public facilities because
of the disaster for which the disaster emergency was declared;
(D) has applied to the department for financial assistance in
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the form of a grant; and
(E) complies with all other requirements established by the
agency.
(2) To an eligible entity that:
(A) is not an individual;
(B) contributes personnel to a mobile support unit deployed to
assist another political subdivision in responding to a disaster
emergency that has been declared by the governor;
(C) incurs the cost of one (1) or more backfill employees that
are necessary to fill the position and perform the duties of an
employee deployed on a mobile support unit;
(D) has applied to the department for financial assistance in
the form of a grant; and
(E) complies with all other requirements established by the
agency.
(3) To an eligible entity:
(A) who is an individual;
(B) whose primary residence is located in territory for which:
(i) the United States Small Business Administration declares
a disaster; and
(ii) there has been no disaster declaration issued by the
President of the United States;
(C) who has suffered damage to the entity's primary residence
or individual property because of a disaster described in clause
(B); and
(D) who complies with all other requirements established by
the agency.
SECTION 4. IC 10-14-4-7, AS AMENDED BY P.L.107-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) This section does not apply to an eligible
entity that is an individual.
(b) Except as provided in section 8 of this chapter, The agency may
not make a grant to an eligible entity under this section 5(a)(1) of this
chapter unless the damage to the entity's public facilities eligible
entity caused by the disaster exceeds an amount equal to one dollar
($1) multiplied by the population of the eligible entity.
(c) Except as provided in subsection (d), a grant to an eligible
entity under this subsection section 5(a)(1) of this chapter may not
exceed an amount equal to:
(1) fifty percent (50%); multiplied by
(2) the result of
(A) the total cost of the damage to the entity's public facilities
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eligible entity caused by the disaster. minus
(B) an amount equal to one dollar ($1) multiplied by the
population of the entity.
(d) Notwithstanding subsection (c), the percentage used to
calculate the grant amount under subsection (c)(1) may be
increased by five percent (5%) not to exceed a total of sixty-five
percent (65%) if the eligible entity:
(1) adopts a hazard mitigation plan;
(2) participates in the national flood insurance program's
community rating system established under 42 U.S.C.
4022(b)(1);
(3) performs an exercise related to emergency management;
or
(4) performs a qualifying mitigation activity identified by the
agency in a rule adopted under IC 4-22-2.
SECTION 5. IC 10-14-4-8 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 8. This section does not apply to an eligible entity that is an
individual. If the governor declares more than one (1) disaster
emergency in the same year for territory in an eligible entity, the
agency may, in addition to a grant under section 7 of this chapter, make
a grant to the entity under this section if the total cumulative cost of the
damage to the entity's public facilities caused by the disasters exceeds
two dollars ($2) multiplied by the population of the entity. A grant to
an eligible entity under this section may not exceed:
(1) the product of:
(A) fifty percent (50%); multiplied by
(B) the total cumulative cost of the damage to the entity's
public facilities caused by all disasters in the year; minus
(2) any grants previously made under section 7 of this chapter to
the entity during the year.
SECTION 6. IC 10-14-4-8.5, AS ADDED BY P.L.71-2013,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8.5. The agency may make a grant to an eligible
entity under section 6(2) 5(a)(1) of this chapter for the cost of a backfill
employee, but only if and to the extent the cost of the backfill employee
represents extra cost to the political subdivision.
SECTION 7. IC 10-14-4-9, AS AMENDED BY P.L.107-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. This section does not apply to an eligible entity
that is an individual. To qualify for a grant under section 6 of this
chapter, the executive of an eligible entity must apply to the agency on
forms provided by the agency. The application must include the
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following:
(1) A description and estimated cost of the damage caused by the
disaster to the entity's public facilities. entity.
(2) The manner in which the entity intends to use the grant
money.
(3) Any other information required by the agency.
SECTION 8. IC 10-14-4-13 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 13. (a) This section applies only to an eligible entity that is
an individual.
(b) To qualify for financial assistance under this chapter, including
a grant, an eligible entity must apply to the agency on forms provided
by the agency. The application must include the following:
(1) A description and estimated cost of the damage caused by the
disaster to the individual's property.
(2) The manner in which the individual intends to use the
financial assistance.
(3) Any other information required by the agency.
SECTION 9. IC 10-14-4-14, AS ADDED BY P.L.70-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. (a) This section applies only to an eligible
entity that is an individual.
(b) The amount of loss that may be compensated for damages to an
individual's property:
(1) must be at least five hundred dollars ($500); and
(2) may not be more than ten thousand dollars ($10,000).
twenty-five thousand dollars ($25,000).
(c) Only one (1) individual per residence is eligible for
compensation under this section.
SEA 190 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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