Bill Text: IN SB0361 | 2012 | Regular Session | Amended
Bill Title: State provision and use of communications service.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2012-02-13 - First reading: referred to Committee on Utilities and Energy [SB0361 Detail]
Download: Indiana-2012-SB0361-Amended.html
Citations Affected: IC 8-1; IC 21-28.
Synopsis: State provision and use of communications service.
Provides that after March 31, 2012, the I-Light network may not be
used to offer or provide, directly or indirectly, communications service
to the public or to any private or governmental entity. Provides
exceptions to this prohibition to allow for the following: (1) The
provision of communications service for 911 services or emergency or
law enforcement purposes. (2) The provision of communications
service to institutions of higher education for the direct benefit of
students, faculty, and staff. (3) The provision of communications
service for the direct benefit of public broadcasting. Provides that after
March 31, 2012, a person that is not: (1) a state educational institution;
or (2) a private postsecondary educational institution; may not become
a member of the I-Light network or use the I-Light network or any
services made available through I-Light.
Effective: Upon passage.
January 9, 2012, read first time and referred to Committee on Utilities & Technology.
January 19, 2012, amended, reported favorably _ Do Pass.
January 24, 2012, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Chapter 32.7. Use and Provision of Communications Service by the State
Sec. 1. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.
Sec. 2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4.
Sec. 3. As used in this chapter, "I-Light" refers to the high speed communications network that connects state educational institutions and private postsecondary educational institutions throughout Indiana. The term includes the networks, and any successor networks, known at any time as I-Light or I-Light 2, or any other version or iteration of those names, or by any other designation.
Sec. 4. (a) As used in this chapter, "state" means the state of
Indiana and any officer, agency, department, board, bureau,
commission, division, or institution of the state of Indiana, the
trustees or board of directors of any instrumentality of the state of
Indiana or body politic of the state of Indiana, and the trustees of
any state educational institution.
(b) The term includes a state agency or other instrumentality of
state government that holds the contract for the state's indefeasible
right of use to I-Light.
Sec. 5. (a) Except as provided in subsections (b) and (c) and in
IC 21-28-5, after March 31, 2012, I-Light may not be used to offer
or provide, directly or indirectly, communications service to the
public or to any private or governmental entity.
(b) This section does not prohibit the use of I-Light for any of
the following:
(1) The provision of communications service to the extent used
solely for 911 service, enhanced 911 service, or any other
emergency or law enforcement purpose.
(2) The provision of communications service to a state
educational institution or a private postsecondary educational
institution for the direct benefit of students, faculty, and staff.
(3) The provision of communications service to member
licensees of Indiana Public Broadcasting Stations, Inc., for the
direct benefit of public broadcasting.
(c) Notwithstanding subsection (a), the state remains subject to
any contractual rights, duties, and obligations incurred by the state
and owed to any private person under a contract for the provision
of communications service that was entered into by the state before
April 1, 2012, and that remains in effect after March 31, 2012. All
liens, security interests, royalties, and other contracts, rights, and
interests owed to a private person under the contract continue in
full force and effect and must be paid or performed by the state in
the manner specified in the contract, subject to the right of the
state and all other contracting parties to renegotiate the terms of
the contract at any time before the expiration of the contract.
(1) is not a state educational institution or a private postsecondary educational institution; and
(2) is a member of I-Light or is connected to or uses the I-Light network or services made available through I-Light;
before April 1, 2012.
(b) As used in this section, "I-Light" refers to the high speed communications network that connects state educational institutions and private postsecondary educational institutions throughout Indiana. The term includes the networks, and any successor networks, known at any time as I-Light or I-Light 2, or any other version or iteration of those names, or by any other designation.
(c) As used in this section, "person" means any individual, corporation, limited liability company, partnership, firm, association, public or private agency, or other organization.
(d) Notwithstanding section 10 of this chapter, and except as provided in subsection (a), after March 31, 2012, a person that is not:
(1) a state educational institution; or
(2) a private postsecondary educational institution;
may not become a member of I-Light or use the I-Light network or any services made available through I-Light.
