I move that Engrossed Senate Bill 459 be amended to read as follows:
Page 4, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 3. IC 16-41-37-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. A person who
smokes:
(1) in a public building, except in an area designated as a
smoking area under section 5 of this chapter;
(2) in the retail area of a grocery store or drug store that is
designated as a nonsmoking area by the store's proprietor;
(3) in the dining area of a restaurant that is designated and posted
as the restaurant's nonsmoking area by the restaurant's proprietor;
or
(4) in a school bus during a school week or while the school bus
is being used for a purpose described in section 2.3(3) of this
chapter;
(5) in a public means of mass transportation, including an
airplane; or
(6) in an enclosed area of a public mass transportation
terminal or waiting area or within fifty (50) feet of an
entrance to the public mass transportation terminal or
waiting area;
commits a Class B infraction. However, the violation is a Class A
infraction if the person has at least three (3) previous unrelated
judgments for violating this section that are accrued within the twelve
(12) months immediately preceding the violation.".
Renumber all SECTIONS consecutively.