HB 1653-2_ Filed 02/23/2009, 07:19 Walorski


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1653 be amended to read as follows:

SOURCE: Page 1, line 1; (09)MO165305.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-22-17-5.5; (09)MO165305.1. -->     "SECTION 1. IC 5-22-17-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5.5. (a) No agency of the state may:
        (1) enter into a contract with; or
        (2) make a grant to;
a person who fails to make a report of child abuse or neglect under IC 31-33-5, if the contract or grant involves the expenditure of state funds or federal funds administered by the state.

     (b) No state funds or federal funds appropriated by or administered by the state may be used for any contract with or grant made to a person who is not in compliance with IC 31-33-5.
    (c) Any appropriation by the state:
        (1) in a budget bill;
        (2) under IC 5-19-1-3.5; or
        (3) in any other law of the state;
to pay for a contract with or grant made to a person who is not in compliance with IC 31-33-5 is canceled, and the money appropriated is not available for payment of any contract or grant with money from an appropriation that is canceled under this subsection.
    (d) For any contract with or grant made to a person covered

under subsection (c), the budget agency shall make a determination that funds are not available and the contract or grant shall be terminated under IC 5-22-17-5.".

SOURCE: Page 2, line 15; (09)MO165305.2. -->     Page 2, after line 15, begin a new paragraph and insert:
SOURCE: IC 31-9-2-133; (09)MO165305.3. -->     "SECTION 3. IC 31-9-2-133 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 133. (a) "Victim of child abuse or neglect", for purposes of IC 31-32-11-1 and IC 31-33 (excluding IC 31-33-5), refers to a child in need of services as described in:
        (1) IC 31-34-1-1 through IC 31-34-1-5;
        (2) IC 31-34-1-10; or
        (3) IC 31-34-1-11.
(b) The term does not include a child who is alleged to be a child in need of services if the child is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts.
     (b) "Victim of child abuse or neglect", for purposes of IC 31-33-5, refers to a child in need of services described in:
        (1) IC 31-34-1-1 through IC 31-34-1-5;
        (2) IC 31-34-1-10; or
        (3) IC 31-34-1-11.

SOURCE: ; (09)MO165305.4. -->     SECTION 4. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1653 as printed February 20, 2009.)

________________________________________

Representative Walorski


MO165305/DI 116     2009