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
Chairperson


CR137301/DI 71    2007