SB 218-2_ Filed 03/22/2005, 11:15 Ulmer


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 218 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles and to make an appropriation.

SOURCE: Page 1, line 1; (05)MO021808.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 9-19-10-4; (05)MO021808.1. -->     "SECTION 1. IC 9-19-10-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The bureau, in cooperation with the Indiana department of transportation, division of traffic safety, shall develop and administer educational programs for the purpose of informing the general public of the benefits that will inure to passengers using safety belts and passenger restraint systems for children.
SOURCE: IC 9-19-10-4.5; (05)MO021808.2. -->     SECTION 2. IC 9-19-10-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) As used in this section, "fund" refers to the safety belt and passenger restraint systems for children education fund established by subsection (b).
    (b) The safety belt and passenger restraint systems for children education fund is established to assist in providing funding for educational programs described in section 4 of this chapter.
    (c) The fund shall be administered by the state police department.

     (d) The expenses of administering the fund shall be paid from money in the fund.
    (e) The treasurer of state shall invest the money in the fund not

currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

    (g) The fund consists of the following:
        (1) Funds described in section 7(f) of this chapter.
        (2) Appropriations made by the general assembly.
        (3) Gifts and donations intended for deposit in the fund.
        (4) Federal grants or money available for deposit into the fund.
        (5) Money from any other source.
    (h) Money in the fund is continually appropriated to the state police department to provide education program as established in this section.
".

SOURCE: Page 1, line 8; (05)MO021808.1. -->     Page 1, line 8, delete "person;" and insert " person who is not a minor;".
    Page 1, line 14, after "proving" delete ":" and insert " by clear and convincing evidence:".
    Page 2, after line 7, begin a new paragraph and insert:
    " (e) If a plaintiff's damages are reduced due to the failure to comply with section 2 of this chapter, the total amount of money by which the damages were reduced shall be paid by the defendants to the clerk of the court where the action is pending.
    (f) Upon receiving the payment described in subsection (e), the clerk of the court shall pay the amount received to the treasurer of state, who shall deposit the funds in the safety belt and passenger restraint systems for children education fund established by section 4.5 of this chapter.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 218 as printed March 18, 2005.)

________________________________________

Representative Ulmer


MO021808/DI 107     2005