SB 169-2_ Filed 01/28/2013, 09:39 Head
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 169 be amended to read as follows:
SOURCE: Page 1, line 1; (13)MO016901.1. -->
Page 1, delete lines 1 through 4, begin a new paragraph and insert:
SOURCE: IC 27-2-15-2; (13)MO016901.1. -->
"SECTION 1. IC 27-2-15-2 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 2. As used in this chapter, "city" refers to a first class or
second class city, as classified under IC 36-4-1-1.
SOURCE: IC 27-2-15-4.3; (13)MO016901.2. -->
SECTION 2. IC 27-2-15-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4.3. As used in this chapter, "municipality" has the
meaning set forth in IC 36-1-2-11.
SOURCE: IC 27-2-15-4.5; (13)MO016901.3. -->
SECTION 3. IC 27-2-15-4.5, AS AMENDED BY P.L.119-2012,
SECTION 159, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) As used in this section,
"city" refers to either of the following:
(1) A city having a population of more than eighty thousand
(80,000) but less than eighty thousand four hundred (80,400).
(2) A city having a population of more than eighty thousand five
hundred (80,500) but less than one hundred thousand (100,000).
(b) (a) An insurer that issued an insurance policy covering a
building or other structure that is:
(1) located in a city; municipality; and
(2) damaged by a fire or explosion;
shall notify the enforcement authority of the city municipality about
the existence of the policy. However, an insurer is not required to
notify the enforcement authority under this section if the policy issued
by the insurer is not in effect at the time of the fire or explosion that
damages the building or structure.
(c) (b) The insurer shall provide the notice required under this
section if the enforcement authority makes a request for the notice
within twenty (20) days after the damage occurs.
(d) (c) The notice required by this section must:
(1) be in writing;
(2) identify the insurer and state the insurer's address;
(3) identify the building or structure and state the location of the
building or structure; and
(4) disclose the nature and extent of the coverage of the building
or structure provided by the policy.
(e) (d) An insurer shall provide notice to the enforcement authority
under this section within ten (10) days after the insurer is notified
under subsection (c) (b) of the damaging of the building or structure by
fire or explosion.
(f) (e) The commissioner may take action under IC 27-1-3-10 and
IC 27-1-3-19 against an insurer that violates this section.".
SOURCE: Page 1, line 8; (13)MO016901.1. -->
Page 1, line 8, strike "city;" and insert " municipality;".
Page 1, line 9, strike "city" and insert " municipality".
Page 1, line 11, strike "city" and insert " municipality".
Page 1, line 14, strike "city" and insert " municipality".
Page 2, line 10, strike "city" and insert " municipality".
Page 2, line 17, strike "city." and insert " municipality.".
Page 2, after line 18, begin a new paragraph and insert:
SOURCE: IC 27-2-15-6; (13)MO016901.5. -->
"SECTION 5. IC 27-2-15-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. Upon a judgment
being rendered under IC 36-7-9-13(c) or IC 36-7-9-13(d), the city
municipality is entitled to the available insurance proceeds set aside
to the extent of the costs set forth in IC 36-7-9-12. All claims by the
city municipality against the available insurance proceeds must be
made within one (1) year after the date of the fire or explosion or
within one (1) year after the final outcome of a case or appeal initiated
under IC 36-7-9, whichever is later. Proceeds in the escrow account
that are not claimed in this manner shall be paid to the insured.
SOURCE: IC 27-2-15-9; (13)MO016901.6. -->
SECTION 6. IC 27-2-15-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. The state fire
marshal, a deputy fire marshal, an enforcement authority, or an officer
of a
city municipality complying with this chapter or attempting in
good faith to comply with this chapter is immune from civil and
criminal liability in connection with actions taken under this chapter.".
Renumber all SECTIONS consecutively.
(Reference is to SB 169 as printed January 25, 2013.)
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MO016901/DI 97 2013