Citations Affected: IC 4; IC 5; IC 9; IC 10; IC 12; IC 20; IC 22; IC 31; IC 34; IC 35; noncode.
Synopsis: Antiterrorism measures. Proposed conference committee report for EHB 1001. Establishes the counterterrorism and security council. Provides that $1.25 of the service charge established by administrative rules before January 1, 2002, for certain BMV transactions is to be used in paying the costs of an integrated wireless public safety communications system until July 1, 2019, and authorizes the state office building commission to issue bonds to finance construction of the system. Provides for a portion of the $1.25 services charge to be used for the state police crime laboratory backlog. Appropriates from the state license branch fund to the integrated public safety communications fund an amount equal to $1.25 multiplied by the number of relevant BMV transactions occurring after December 31, 2001, and before July 1, 2002. Establishes new restrictions concerning the issuance of commercial driver's licenses and hazardous materials endorsements. Authorizes the state police (instead of the department of administration) to provide security for state property. Authorizes the superintendent of state police to assign a special police employee to serve on a riverboat. Requires the state emergency management agency to develop a statewide mutual aid program and a statewide mutual aid agreement. Provides that a student who brings a destructive device to school or possesses a destructive device on school property must be expelled for at least one calendar year. Provides that a vehicle, money, or other assets may be seized if used in the commission of certain offenses as part of an act of terrorism. Establishes various requirements and criminal offenses concerning certain regulated explosives or devices. Establishes or enhances various criminal penalties for disorderly conduct on airport premises, use of the identity of another person with the intent to commit terrorism or to obtain a weapon of mass destruction, money laundering with the intent to further terrorism, possession of a weapon of mass destruction with the intent to carry out terrorism, dissemination of a substance with the intent to cause a person to believe that the substance is a weapon of mass destruction, or interruption or impairment of work conducted in a food processing facility. Repeals: (1) the definition of regulated explosive; (2) the financial responsibility requirements for a regulated explosive manufacturer; (3) the current statute defining the crime of selling, manufacturing, purchasing, or possessing certain bombs and explosives; and (4) a statute that authorizes the commissioner of the department of administration
to issue warrants for the recovery of unlawfully possessed state property. (This conference
committee report does the following: (1) Restores the communications system infrastructure
program and its funding and adds the appropriation from the state license branch fund to the
integrated public safety communications fund. (2) Adds the funding for the backlog of state
police laboratory cases. (3) Removes the construction industry disaster volunteer program and
all immunity provisions from the bill. (4) Removes provisions relating to crimes involving
aircraft already contained in SEA 10-2002. (5) Removes the enhancement of the penalty for
criminal trespass committed at a food processing facility. (6) Reconciles conflicts between the
bill and HEA 1010-2002 and SEA 104-2002. (7) Makes technical corrections.)
Effective: July 1, 2002.
Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed Senate Amendments to Engrossed House Bill No. 1001 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
(2) the Indiana department of administration, for purposes of all other facilities.
"Mental health facility" means a building, a structure, or an improvement for the care, maintenance, or treatment of persons with mental or addictive disorders.
"Facility" means all or any part of one (1) or more buildings, structures, or improvements (whether new or existing), or parking areas (whether surface or an above or below ground parking garage or garages), owned or leased by the commission or the state for the purpose of:
(1) housing the personnel or activities of state agencies or branches of state government;
(2) providing transportation or parking for state employees or persons having business with state government;
(3) providing a correctional facility;
(4) providing a mental health facility;
(5) providing a regional health facility; or
(6) providing communications system infrastructure.
"Person" means an individual, a partnership, a corporation, a limited liability company, an unincorporated association, or a governmental entity.
"Regional health facility" means a building, a structure, or an improvement for the care, maintenance, or treatment of adults or children with mental illness, developmental disabilities, addictions, or other medical or rehabilitative needs.
"State agency" means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government, but does not include a state educational institution (as defined in IC 20-12-0.5-1 ).
(3) if the facility is a correctional facility, the department of correction; and
(4) if the facility consists of communications system infrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by the commission under subsection (b), the commission shall advertise for and receive construction bids and award contracts to the best bidders in the same manner as required by law for the department. However, with respect to a facility that consists of communications system infrastructure, if the commission finds that the integrated public safety commission has already advertised for and received construction bids or awarded contracts to the best bidders, or both, substantially in the same manner as required by law for the Indiana department of administration, the commission is not required to repeat the advertisement, receipt of bids, or award of contracts. In making the finding described in this subsection, the commission may rely upon a certificate of the integrated public safety commission. If the commission makes the finding described in this subsection, that is all the authority the commission needs to accept the assignment of the bids or contracts or both, from the integrated public safety commission, and all the authority the integrated public safety commission needs to assign the bids or contracts, or both, to the commission.
(d) With regard to participation by minority and women's business enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3 ), the commission shall act in the same manner as required by law for the department.".
chooses to contract with one or more commercial mobile radio service
providers to provide the system, the commission may delegate the
responsibilities in subsection (a) to the commercial mobile radio
Chapter 5. Communications System Infrastructure Fund
Sec. 1. As used in this chapter, "communications system infrastructure" means all or part of the infrastructure of the system described in IC 5-26-3 , including:
(1) towers and the associated land, improvements, foundations, access roads and rights-of-way, structures, fencing, and equipment necessary, proper, or convenient to enable the tower to function as part of the system;
(2) the radio and network equipment necessary, proper, or convenient to transmit and receive voice and data communications; and
(3) any other necessary, proper, or convenient elements of the system.
Sec. 2. As used in this chapter, "construction" means the erection, renovation, refurbishing, or alteration of all or any part of buildings, improvements, or other structures, including installation of fixtures or equipment, landscaping of grounds, site work, and providing for other ancillary facilities pertinent to the buildings or structures.
Sec. 3. As used in this chapter, "infrastructure fund" refers to the communications system infrastructure fund.
Sec. 4. The communications system infrastructure fund is established for the purpose of providing communications system infrastructure. The infrastructure fund consists of distributions received under IC 5-26-4-1 (e).
Sec. 5. The infrastructure fund shall be administered by the commission. The treasurer of state shall invest the money in the infrastructure fund not currently needed to meet the obligations of the infrastructure fund in the same manner as other public funds may be invested.
Sec. 6. Money in the infrastructure fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 7. The commission may use the money in the infrastructure fund only to pay the following:
(1) The cost of construction of communications system infrastructure.
(2) The cost of acquisition or leasing of all real or personal property required for the construction of communications system infrastructure.
(3) The cost of operation and maintenance of communications system infrastructure.
(4) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the commission for the construction of communications system infrastructure.
(5) Engineering and legal expenses, other professional services, and the costs of plans, specifications, surveys, estimates, and any necessary feasibility studies.
(6) Payment of rentals and other obligations and performance of other obligations under use and occupancy agreements or
other contracts or leases relating to the financing of
communications system infrastructure under IC 4-13.5.
Sec. 8. The commission shall pay its obligations under any use and occupancy agreement or any other contract or lease with the state office building commission from money deposited in the infrastructure fund before making any other disbursement or expenditure of the money.
Sec. 9. There is annually appropriated to the commission the money in the infrastructure fund for its use, subject to the approval of the budget agency, in carrying out the purposes described in section 7 of this chapter.".
conduct that subjects it to seizure under subsection (a)(10).".
Page 28, line 20, delete "(c)" and insert "(d)".
Page 30, delete lines 17 through 21.
Page 31, delete lines 19 through 42.
Delete page 32.
Page 33, delete lines 1 through 15.
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Delete page 36.
Page 37, delete lines 1 through 8.
Page 40, line 42, strike "sections" and insert " section".
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Page 42, delete lines 1 through 15.
Page 42, line 23, delete "knows or should know" and insert " has reason to believe".
Page 52, line 34, delete "or" and insert " nor".
Page 54, line 5, delete "knows or should know" and insert " has reason to believe".
Page 60, delete lines 2 through 9, begin a new paragraph and insert:
Representative Gregg Senator Wyss
Representative Murphy Senator Young R
House Conferees Senate Conferees