SB 218-11_ Filed 03/24/2005, 11:19 Van Haaften


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    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    WITHDRAWN        Noes _______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:

SOURCE: Page 1, line 4; (05)MO021822.1. -->     Page 1, line 4, after "IC 34-51-2" delete ".".
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SOURCE: ; (05)MO021822.2. -->     "SECTION 2. [EFFECTIVE JULY 1, 2005] (a) As used in this SECTION, "committee" refers to the interim study committee on seat belt usage established by this SECTION.
    (b) There is established the interim study committee on seat belt usage. The committee shall study the usage of seat belts and:
        (1) the effect that federal law and federal funds have on seat belt laws in Indiana;
        (2) the fiscal impact of the use or non-use of seat belts in Indiana;
        (3) the impact of the failure to use seat belts as a means of reducing fault under Indiana's comparative fault statutes;
        (4) the calculation of damages in civil cases that involve seat belt liability; and
        (5) the application of the failure to use seat belts by employees of a government unit and their exemption from Indiana's comparative fault law.
    (c) The committee consists of the following six (6) members:
        (1) Two (2) members of the house of representatives, who may not be members of the same political party, appointed by the speaker of the house.
        (2) Two (2) members of the senate, who may not be members of the same political party, appointed by the president pro tempore of the senate.
        (3) The president of the Indiana Trial Lawyers Association, or the president's designee.
        (4) The president of the Indiana Defense Trial Counsel Institute, or the president's designee.
    (d) The chairman of the legislative council, after consulting with the vice-chairman of the legislative council, shall appoint a legislative member of the committee to serve as chair of the committee. Whenever there is a new chairman of the legislative council, the new chairman of the legislative council, after consulting with the vice-chairman of the legislative council, may remove the chair of the committee and appoint another chair.
    (e) If a legislative member of the committee ceases to be a member of the chamber from which the member was appointed, the member ceases to be a member of the committee.
    (f) A legislative member of the committee may be removed at any time by the authority who appointed the legislative member.
    (g) If a vacancy exists on the committee, the authority who appointed the former member whose position is vacant shall appoint an individual to fill the vacancy.
    (h) The committee shall submit a final report of its study to the legislative council before November 1, 2006.
    (i) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
    (j) Except as otherwise specifically provided by this SECTION, the committee shall operate under the policies governing study committees adopted by the legislative council.
    (k) This SECTION expires January 1, 2007.
".
    (Reference is to ESB 218 as printed March 18, 2005.)

________________________________________

Representative Van Haaften


MO021822/DI 44     2005