SB 395-6_ Filed 02/19/2004, 08:17 Espich
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 395 be amended to read as follows:
SOURCE: Page 1, line 1; (04)MO039503.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-21.5-2-5; (04)MO039503.1. -->
"SECTION 1. IC 4-21.5-2-5, AS AMENDED BY P.L.172-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. This article does not apply to the following
(1) The issuance of a warrant or jeopardy warrant for the
collection of taxes.
(2) A determination of probable cause or no probable cause by the
civil rights commission.
(3) A determination in a factfinding conference of the civil rights
(4) A personnel action, except review of a personnel action by the
state employees appeals commission under IC 4-15-2 or a
personnel action that is not covered by IC 4-15-2 but may be
taken only for cause.
(5) A resolution, directive, or other action of any agency that
relates solely to the internal policy, organization, or procedure of
that agency or another agency and is not a licensing or
enforcement action. Actions to which this exemption applies
include the statutory obligations of an agency to approve or ratify
an action of another agency.
(6) An agency action related to an offender within the jurisdiction
of the department of correction.
(7) A decision of the department of commerce, the department of
environmental management, the enterprise zone board, the tourist
information and grant fund review committee, the Indiana
development finance authority, the Indiana business modernization
and technology corporation, the corporation for innovation
development, the Indiana small business development corporation,
or the lieutenant governor that concerns a grant, loan, bond, tax
incentive, or financial guarantee.
(8) A decision to issue or not issue a complaint, summons, or
(9) A decision to initiate or not initiate an inspection, investigation,
or other similar inquiry that will be conducted by the agency,
another agency, a political subdivision, including a prosecuting
attorney, a court, or another person.
(10) A decision concerning the conduct of an inspection,
investigation, or other similar inquiry by an agency.
(11) The acquisition, leasing, or disposition of property or
procurement of goods or services by contract.
(12) Determinations of the department of workforce development
under IC 22-4-18-1(g)(1), IC 22-4-40, or IC 22-4-41.
(13) A decision under IC 9-30-12 of the bureau of motor vehicles
to suspend or revoke the driver's license, a driver's permit, a
vehicle title, or a vehicle registration of an individual who presents
a dishonored check.
(14) An action of the department of financial institutions under
IC 28-1-3.1 or a decision of the department of financial
institutions to act under IC 28-1-3.1.
(15) A determination by the NVRA official under IC 3-7-11
concerning an alleged violation of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg) or IC 3-7.
(16) Imposition of a civil penalty under IC 4-20.5-6-8 if the rules
of the Indiana department of administration provide an
administrative appeals process.
(17) An adjudication by the bureau of motor vehicles under
IC 9-24-18-13 concerning retention of a document supporting
an application for a driver's license, a driver's permit, or an
SOURCE: Page 5, line 37; (04)MO039503.5. -->
Page 5, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 9-24-18-13; (04)MO039503.22. -->
"SECTION 22. IC 9-24-18-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) If an employee or agent of the
bureau or the commission has an articulable suspicion that a
supporting document submitted to the bureau or commission in
support of an application for:
(1) a driver's license or driver's permit under IC 9-24-9; or
(2) an identification card under IC 9-24-16;
is fraudulent or submitted fraudulently, the agent or employee
may seize and retain the supporting document.
(b) The bureau shall adopt rules under IC 4-22-2 to specify a
procedure under which an individual may petition for the return
of a supporting document seized and retained under this section
to the individual. The rules adopted under this subsection must
(1) the procedure require an adjudication concerning the
return of the supporting document within thirty (30) days of
the seizure and retention; and
(2) if return of the supporting document is denied by the
bureau, the individual may file an action in the circuit court
of the county in which the supporting document was seized
seeking a judicial determination as to whether the denial of
the return of the supporting document was proper.
(1) commissioner is;
(2) employees and agents of the bureau are;
(3) employees and agents of the commission are; or
(4) the commission is;
not civilly responsible for a good faith seizure or retention of a
supporting document under subsection (a).".
SOURCE: Page 6, line 1; (04)MO039503.6. -->
Page 6, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 34-30-2-31.5; (04)MO039503.24. -->
"SECTION 24. IC 34-30-2-31.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 31.5. IC 9-24-18-13 (Concerning the
commissioner, employees, and agents of the bureau of motor
vehicles or the bureau of motor vehicles commission or the
employees or agents of the bureau of motor vehicles commission
for the seizure and retention of a document submitted in support
of an application for a driver's license, driver's permit, or
SOURCE: ; (04)MO039503.25. -->
SECTION 25. [EFFECTIVE UPON PASSAGE]: (a)
Notwithstanding IC 9-24-18-13, as added by this act, the bureau of
motor vehicles shall carry out the duties imposed upon it under
IC 9-24-18-13, as added by this act, under interim written
guidelines approved by the commissioner of motor vehicles.
(b) This SECTION expires the earlier of the following:
(1) The date rules are adopted under IC 9-24-18-13, as added
by this act.
(2) December 31, 2005.
Renumber all SECTIONS consecutively.
(Reference is to ESB 395 as printed February 13, 2004.)
MO039503/DI 96 2004