HB 1208-2_ Filed 03/13/2002, 11:08 ChairPerson
Adopted 3/13/2002



COMMITTEE REPORT

    Mr. Speaker: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedures, to which was referred Engrossed House Bill 1208 because it conflicts with SEA 57-2002 without properly recognizing the existence of SEA 57- 2002, has had Engrossed House Bill 1208 under consideration and begs leave to report back to the House with the recommendation that Engrossed House Bill 1208 be corrected as follows:


    Page 1, delete lines 1 through 17, begin a new paragraph and insert:
    "SECTION 1. IC 34-6-2-103, AS AMENDED BY SEA 57-2002, SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 103. (a) "Person", for purposes of IC 34-14, has the meaning set forth in IC 34-14-1-13.
    (b) "Person", for purposes of IC 34-24-4, means:
        (1) an individual;
        (2) a governmental entity;
        (3) a corporation;
        (4) a firm;
        (5) a trust;
        (6) a partnership; or
        (7) an incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.
    (c) "Person", for purposes of IC 34-26-2, includes individuals at least eighteen (18) years of age and emancipated minors.
    (d) "Person", for purposes of IC 34-26-4, has the meaning set

forth in IC 35-41-1-22.
    (e) "Person", for purposes of IC 34-30-5, means any of the following:
        (1) An individual.
        (2) A corporation.
        (3) A partnership.
        (4) An unincorporated association.
        (5) The state (as defined in IC 34-6-2-140).
        (6) A political subdivision (as defined in IC 34-6-2-110).
        (7) Any other entity recognized by law.
    (f) "Person", for purposes of IC 34-30-6, means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity that:
        (1) has qualifications or experience in:
            (A) storing, transporting, or handling a hazardous substance or compressed gas;
            (B) fighting fires;
            (C) emergency rescue; or
            (D) first aid care; or
        (2) is otherwise qualified to provide assistance appropriate to remedy or contribute to the remedy of the emergency.
    (g) "Person", for purposes of IC 34-30-18, includes:
        (1) an individual;
        (2) an incorporated or unincorporated organization or association;
        (3) the state of Indiana;
        (4) a political subdivision (as defined in IC 36-1-2-13);
        (5) an agency of the state or a political subdivision; or
        (6) a group of such persons acting in concert.
    (h) "Person", for purposes of sections 42, 43, 69, and 95 of this chapter, means an individual, an incorporated or unincorporated organization or association, or a group of such persons acting in concert.
    (i) "Person" for purposes of IC 34-30-10.5, means the following:


        (1) A political subdivision (as defined in IC 36-1-2-13).
        (2) A volunteer fire department (as defined in IC 36-8-12-2).
        (3) An employee of an entity described in subdivision (1) or (2) who acts within the scope of the employee's responsibilities.
        (4) A volunteer firefighter (as defined in IC 36-8-12-2) who is acting for a volunteer fire department.
         (5) After March 31, 2002, a corporation, a limited liability company, a partnership, an unincorporated association, or any other entity recognized by law.".
    Delete page 2.
    Page 3, delete lines 1 through 2.
    Page 4, between lines 17 and 18, begin a new paragraph and insert:
    "SECTION 3. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 34-6-2-103, the term "person" for purposes of IC 34-30-10.5, means the following:
        (1) A political subdivision (as defined in IC 36-1-2-13).
        (2) A volunteer fire department (as defined in IC 36-8-12-2).
        (3) An employee of an entity described in subdivision (1) or (2) who acts within the scope of the employee's responsibilities.
        (4) A volunteer firefighter (as defined in IC 36-8-12-2) who is acting for a volunteer fire department.
        (5) After March 31, 2002, a corporation, a limited liability company, a partnership, an unincorporated association, or any other entity recognized by law.

    (b) This SECTION expires July 1, 2002.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1208 as printed February 22, 2002.)

______________________________________

Representative Moses, Chairperson

______________________________________

Representative Munson, R.M.M.

______________________________________

Representative Bischoff, Author


JR 120801/DI 69
2001