HB 1373-1_ Filed 03/28/2007, 08:47
Adopted 3/29/2007
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Homeland Security, Transportation and Veterans Affairs, to
which was referred House Bill No. 1373, has had the same under consideration and begs leave
to report the same back to the Senate with the recommendation that said bill be AMENDED
as follows:
SOURCE: Page 4, line 30; (07)CR137301.4. -->
Page 4, after line 30, begin a new paragraph and insert:
" (d) This subsection applies to a changeable message sign
erected after the owner or operator receives a permit from the
department. Notwithstanding any rules adopted by the department
after the issuance of the permit, a changeable message sign that is
in compliance with the rules in effect at the time a permit is
granted for the changeable message sign is considered to be in
compliance with the department's rules.
SOURCE: IC 10-13-5-8.1; (07)CR137301.7. -->
SECTION 7. IC 10-13-5-8.1 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 8.1. (a) In addition to an agreement with a
broadcaster under section 8 of this chapter, the clearinghouse may
enter into an agreement with one (1) or more electronic billboard
operators to display Amber alerts under this section. An agreement
under this section may include a limitation on the days and times
that the electronic billboard operator is required to have staff
present to receive an Amber alert notification.
(b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report that a child has
been abducted, to immediately send by facsimile (fax) transmission
or other means of communication a description of the abducted
child to one (1) or more electronic billboard operators
participating in the Amber alert program if the Amber alert occurs
during a period when the electronic billboard operator has agreed
to have staff present to receive an Amber alert notification.
(c) An electronic billboard operator participating in the Amber
alert program shall immediately display:
(1) a description of the abducted child; and
(2) other information that will assist in locating the abducted
child;
to the general public in accordance with the Amber alert plan
agreement between the clearinghouse and the electronic billboard
operator.
(d) The department shall adopt guidelines governing the
voluntary Amber alert program agreement between the
clearinghouse and an electronic billboard operator. The voluntary
agreement between the clearinghouse and the electronic billboard
operator may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program, the electronic billboard operator shall display the
information contained in the notice on an intermittent basis
for a period of time as provided in the agreement between the
clearinghouse and the electronic billboard operator.
(2) The electronic billboard operator shall treat the Amber
alert notification as an emergency.
(3) The electronic billboard operator shall ensure that the
facsimile (fax) transmission machine or other communications
device used to receive an Amber alert notification is:
(A) generally available to receive an Amber alert
notification; and
(B) located such that the electronic billboard operator will
immediately become aware of an incoming Amber alert
notification received during days and times when staff is
present to receive an Amber alert notification.
SOURCE: IC 10-13-5-8.5; (07)CR137301.8. -->
SECTION 8. IC 10-13-5-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.5. (a) A broadcaster
or electronic billboard operator that has agreed to participate in the
Amber alert program and that:
(1) receives an Amber alert notification from the department; and
(2) broadcasts or displays:
(A) a description of the abducted child contained in the
notification; and
(B) other information contained in the notification that will
assist in locating the child;
is immune from civil liability based on the broadcast or display of the
information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed on
the web site by the department. However, this subsection does not
affect the applicability of IC 34-13-3 to the department.
SOURCE: IC 34-30-2-35.7; (07)CR137301.9. -->
SECTION 9. IC 34-30-2-35.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 35.7. IC 10-13-5-8.5
(Concerning a broadcaster
who broadcasts
or an electronic billboard
operator who displays an Amber alert notification, and a person who
establishes or maintains an Amber alert web site under an agreement
with the state police department).".
Renumber all SECTIONS consecutively.
(Reference is to HB 1373 as printed February 16, 2007.)
and when so amended that said bill do pass.
Committee Vote: Yeas 10, Nays 0.
____________________________________
Wyss
CR137301/DI 71 2007