SB 18-1_ Filed 02/14/2011, 11:30
Adopted 2/14/2011

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Public Policy, to which was referred Senate Bill No. 18, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 3; (11)AM001808.1. -->     Page 1, line 3, after "177.3" insert (a)".
     Page 1, line 4, delete "IC 9-21-22," and insert " IC 9-21-8 and".
    Page 1, line 4, delete "and this chapter,".
    Page 1, line 4, strike "has the meaning set"
    Page 1, line 5, strike "forth in IC 9-24-11-0.5." and insert: means an electronic or digital telecommunications device. The term includes a:
        (1) wireless telephone;
        (2) personal digital assistant;
        (3) pager; or
        (4) text messaging device.
    (b) The term does not include:
        (1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
        (2) a communications system installed in a commercial vehicle weighing more than ten thousand (10,000) pounds.
".
    Page 1, delete lines 6 through 17, begin a new paragraph and insert:
SOURCE: IC 9-13-2-177.4; (11)AM001808.2. -->     "SECTION 2. IC 9-13-2-177.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 177.4. "Text message", for

purposes of IC 9-21-8, has the meaning set forth in IC 9-21-8-0.5.

SOURCE: IC 9-21-8-0.5; (11)AM001808.3. -->     SECTION 3. IC 9-21-8-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.5. As used in this chapter, "text message" means a communication in the form of electronic text sent from a telecommunications device.
SOURCE: IC 9-21-8-59; (11)AM001808.4. -->     SECTION 4. IC 9-21-8-59 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 59. (a) A person may not use a telecommunications device to:
        (1) type a text message or an electronic mail message;
        (2) transmit a text message or an electronic mail message; or
        (3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology.
    (b) Subsection (a) does not apply to an operator of:
        (1) a medical services vehicle;
        (2) a privately owned vehicle if:
            (A) the operator or a passenger in the vehicle is a volunteer firefighter en route to the scene of a fire or other emergency in the line of duty; and
            (B) a blue light is displayed on the vehicle in accordance with IC 36-8-12-11; or
        (3) a privately owned vehicle if:
            (A) the operator or a passenger in the vehicle is a certified:
                (i) paramedic;
                (ii) emergency medical technician-intermediate;
                (iii) emergency medical technician-basic advanced;
                (iv) emergency medical technician;
                (v) emergency medical service driver; or
                (vi) emergency medical service first responder;
            en route to the scene of emergency medical service activities in the line of duty; and
            (B) a green light is displayed on the vehicle in accordance with IC 9-19-14.5-1.

     (c) A police officer may not:
        (1) confiscate a telecommunications device for the purpose of determining compliance with subsection (a); or
        (2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.


SOURCE: IC 9-24-11-0.5; (11)AM001808.5. -->     SECTION 5. IC 9-24-11-0.5 IS REPEALED [EFFECTIVE JULY 1, 2011].".
    Delete pages 2 through 3.
    (Reference is to SB 18 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 5, Nays 2.

____________________________________

Senator Alting, Chairperson


AM 001808/DI 110    2011