CHAPTER 4. STATE DISASTER RELIEF FUND

IC 10-14-4
    Chapter 4. State Disaster Relief Fund

IC 10-14-4-1
"Disaster"
    Sec. 1. As used in this chapter, "disaster" has the meaning setforth in IC 10-14-3-1.
As added by P.L.2-2003, SEC.5.

IC 10-14-4-2
"Eligible entity"
    Sec. 2. As used in this chapter, "eligible entity" means a county,a city, a town, a township, or an individual who has incurred lossbecause of a disaster.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.1.

IC 10-14-4-3
"Fund"
    Sec. 3. As used in this chapter, "fund" refers to the state disasterrelief fund established by this chapter.
As added by P.L.2-2003, SEC.5.

IC 10-14-4-4
"Public facility"
    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 eligibleentity.
As added by P.L.2-2003, SEC.5.

IC 10-14-4-5
State disaster relief fund
    Sec. 5. (a) The state disaster relief fund is established to providefinancial assistance to:
        (1) assist eligible entities in paying for:
            (A) the costs of repairing, replacing, or restoring publicfacilities or individual residential real or personal propertydamaged or destroyed by a disaster; or
            (B) response costs incurred by an eligible entity during adisaster; and
        (2) allow the agency to pay for response costs incurred by thestate or a local unit of government at the direction of theagency.The agency may provide financial assistance in response to a disasteronly from the balance in the fund that is unobligated on the date thedisaster 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 ofadministering the fund shall be paid from money in the fund. Thetreasurer of state shall invest the money in the fund not currentlyneeded to meet the obligations of the fund in the same manner asother public funds may be invested.
    (d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.2;P.L.57-2008, SEC.2.

IC 10-14-4-6
Grants; eligible entities
    Sec. 6. Subject to the restrictions under this chapter, the agencymay use money in the fund to provide financial assistance as follows:
        (1) To an eligible entity that:
            (A) is not an individual;
            (B) contains territory for which a disaster emergency hasbeen declared by the governor;
            (C) has suffered damage to the entity's public facilitiesbecause of the disaster for which the disaster emergency wasdeclared;
            (D) has applied to the department for financial assistance inthe form of a grant; and
            (E) complies with all other requirements established by theagency.
        (2) To an eligible entity:
            (A) who is an individual;
            (B) whose primary residence is located in territory forwhich:
                (i) the United States Small Business Administrationdeclares a disaster; and
                (ii) there has been no disaster declaration issued by thePresident of the United States;
            (C) who has suffered damage to the entity's primaryresidence or individual property because of a disasterdescribed in clause (B); and
            (D) who complies with all other requirements established bythe agency.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.3;P.L.57-2008, SEC.3; P.L.110-2009, SEC.3.

IC 10-14-4-7
Grants; limitations
    Sec. 7. This section does not apply to an eligible entity that is an

individual. Except as provided in section 8 of this chapter, the agencymay not make a grant to an eligible entity under this section unlessthe damage to the entity's public facilities caused by the disasterexceeds an amount equal to one dollar ($1) multiplied by thepopulation of the entity. A grant to an eligible entity under thissubsection 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 publicfacilities caused by the disaster; minus
            (B) an amount equal to one dollar ($1) multiplied by thepopulation of the entity.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.4.

IC 10-14-4-8
Grants; limitations for entity suffering multiple disasteremergencies
    Sec. 8. This section does not apply to an eligible entity that is anindividual. If the governor declares more than one (1) disasteremergency in the same year for territory in an eligible entity, theagency may, in addition to a grant under section 7 of this chapter,make a grant to the entity under this section if the total cumulativecost of the damage to the entity's public facilities caused by thedisasters exceeds two dollars ($2) multiplied by the population of theentity. A grant to an eligible entity under this section may notexceed:
        (1) the product of:
            (A) fifty percent (50%); multiplied by
            (B) the total cumulative cost of the damage to the entity'spublic facilities caused by all disasters in the year; minus
        (2) any grants previously made under section 7 of this chapterto the entity during the year.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.5.

IC 10-14-4-9
Grant application for eligible entity other than individual
    Sec. 9. This section does not apply to an eligible entity that is anindividual. To qualify for a grant under this chapter, the executive ofan eligible entity must apply to the agency on forms provided by theagency. The application must include the following:
        (1) A description and estimated cost of the damage caused bythe disaster to the entity's public facilities.
        (2) The manner in which the entity intends to use the grantmoney.
        (3) Any other information required by the agency.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.6.

IC 10-14-4-10
Grants; administration by receiving entity; effects on property taxlevy    Sec. 10. This section does not apply to an eligible entity that is anindividual. The fiscal officer of an entity receiving a grant under thischapter shall:
        (1) establish a separate account within the entity's general fund;and
        (2) deposit any grant proceeds received under this chapter in theaccount.
The department of local government finance may not reduce anentity's maximum or actual property tax levy under IC 6-1.1-18.5 onaccount of grant money deposited in the account.
As added by P.L.2-2003, SEC.5. Amended by P.L.107-2007, SEC.7.

IC 10-14-4-11
Rules
    Sec. 11. The director shall adopt rules under IC 4-22-2 to carryout this chapter.
As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.8.

IC 10-14-4-12
Offenses
    Sec. 12. A person who knowingly, intentionally, or recklesslyviolates this chapter commits a Class B misdemeanor.
As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.14.

IC 10-14-4-13
Financial assistance for individual eligible entity
    Sec. 13. (a) This section applies only to an eligible entity that isan individual.
    (b) To qualify for financial assistance under this chapter,including a grant, an eligible entity must apply to the agency onforms provided by the agency. The application must include thefollowing:
        (1) A description and estimated cost of the damage caused bythe disaster to the individual's property.
        (2) The manner in which the individual intends to use thefinancial assistance.
        (3) Any other information required by the agency.
As added by P.L.107-2007, SEC.8. Amended by P.L.57-2008, SEC.4.