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 IC 27-2-15-2 IS REPEALED [EFFECTIVE JULY 1, 2013].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.)

________________________________________

Senator HEAD


MO016901/DI 97     2013