YES:
MR. SPEAKER:
Your Committee on Labor and Employment , to which was referred House Bill
1100 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
the facilities, including the location and approximate quantity
of the hazardous materials or oil.
(4) The location of a rail facility where hazardous materials or
oil is transported or stored, if the rail facility is located within
a fifteen (15) mile radius of a school, hospital, nursing home,
utility (as defined in IC 8-1-2-1(g)), fire station, police station,
or county sheriff's headquarters.
(5) The railroad's security plan, including:
(A) practices of the railroad designed to prevent acts of
sabotage or terrorism or other crimes on rail facilities;
(B) security training provided to the railroad's employees;
(C) emergency response procedures for acts of sabotage or
terrorism or other crimes; and
(D) communication procedures with state and local
officials, law enforcement officers, and emergency
responders in the event of an act of sabotage or terrorism
or any other crime.
The information contained in a risk assessment submitted under
this section to the department of homeland security and the
Indiana department of transportation is confidential.
Sec. 2. (a) Not later than July 15 of each year, a railroad shall
develop a community protection plan to protect rail facilities and
critical rail infrastructure from acts of sabotage or terrorism or
other crimes.
(b) A community protection plan adopted under subsection (a)
must include, but is not limited to, the following:
(1) Provision for the security of critical rail infrastructure,
including points of vulnerability of the rail system through
which hazardous materials or oil is transported. Points of
vulnerability include rail yards, bridges, tunnels, and signal
systems.
(2) Description of the railroad's methods for protecting
critical rail infrastructure from acts of sabotage or terrorism
or other crimes.
(3) Description of the training provided by the railroad to the
railroad's employees to enable the railroad's employees to
identify and respond to security threats, including acts of
sabotage or terrorism or other crimes.
assessment as prepared under section 1 of this chapter or a
community protection plan adopted under section 2 of this chapter
has been prepared in error by the railroad may report the belief of
the employee to the department of homeland security or to the
Indiana department of transportation for an investigation of the
contents of the risk assessment or the community protection plan.
(b) For having made a report under subsection (a), the employee
making the report may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits
withheld;
(3) be transferred or reassigned;
(4) be denied a promotion the employee otherwise would have
received; or
(5) be demoted;
by a railroad, contractor, or subcontractor of the railroad that is
investigated by the department of homeland security or the
Indiana department of transportation as a result of a report filed
under subsection (a).
(c) The department of homeland security or the Indiana
department of transportation shall investigate a risk assessment or
a community protection plan that is the subject of a report made
under subsection (a). If, after investigation, the department of
homeland security or the Indiana department of transportation
finds there is validity to the report, the department of homeland
security or the Indiana department of transportation may require
the railroad to submit a corrected risk assessment or community
protection plan.
(d) A railroad, a contractor, or a subcontractor of the railroad
that knowingly or intentionally violates subsection (b) commits a
Class A misdemeanor.
Sec. 4. A railroad shall provide ongoing training to employees
of the railroad and to contractors and subcontractors of the
railroad to enable the employees to identify and respond to security
threats, including acts of sabotage or terrorism or other crimes.
Sec. 5. (a) A contractor or subcontractor of the railroad shall
secure a limited criminal history (as defined in IC 10-13-3-11)
before the employment of an individual who will work on a
contract for a railroad commences.
(b) A railroad is authorized to determine whether an employee
of a contractor or subcontractor of a railroad may work on a
project for the railroad, based on convictions disclosed by the
limited criminal history.".
Delete page 2.
Page 3, delete lines 1 though 37.
(Reference is to HB 1100 as introduced.)
and when so amended that said bill do pass.