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;
(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.