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Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
3

MR. SPEAKER:

    Your Committee on       Public Policy, Ethics and Veterans Affairs     , to which was referred       House Bill 1738     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 3; (03)CR173801.2. -->     Page 2, delete lines 3 through 8, begin a new paragraph and insert:
SOURCE: IC 7.1-1-3-8.5; (03)CR173801.3. -->     "SECTION 3. IC 7.1-1-3-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8.5. "Certificate" means a tobacco sales certificate for purposes of IC 7.1-3-18.5.".
SOURCE: Page 2, line 30; (03)CR173801.2. -->     Page 2, delete lines 30 through 42.
    Delete page 3.
    Page 4, delete lines 1 through 29, begin a new paragraph and insert:
SOURCE: IC 7.1-3-6-3; (03)CR173801.7. -->     "SECTION 7. IC 7.1-3-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Reasons for Permit. The commission may issue a temporary beer permit only to:
        (a) (1) Enable a fair, athletic event, barbecue, picnic, wedding reception, convention, exhibition, spectacle or contest to be

publicly held and carried on; or
        (b) Accomodate (2) Accommodate the institutional activities of an association, society, charitable or benevolent organization, or a branch of one (1) of these, or both.".

SOURCE: Page 4, line 33; (03)CR173801.4. -->     Page 4, line 33, delete "Permit" and insert " Certificate".
    Page 4, line 35, delete "permit" and insert " certificate".
    Page 4, line 37, delete "tobacco sales permit" and insert " certificate".
    Page 4, line 39, delete "The" and insert " A".
    Page 4, line 39, after "premises" insert " consisting of a permanent building or structure,".
    Page 4, line 42, delete "tobacco sales permit" and insert " certificate".
    Page 5, line 4, delete "one hundred" and insert " fifty".
    Page 5, line 4, delete "($100)" and insert " ($50)".
    Page 5, line 5, delete "permit" and insert " certificate".
    Page 5, between lines 6 and 7, begin a new paragraph and insert:
    " (c) The fees collected under this section shall be deposited in the enforcement and administration fund under IC 7.1-4-10.".
    Page 5, line 7, delete "tobacco sales permit" and insert " certificate".
    Page 5, line 9, delete "permit" and insert " certificate".
    Page 5, line 10, delete "address." insert " name.".
    Page 5, line 11, after "The" insert " permanent".
    Page 5, line 12, delete "permit" and insert " certificate".
    Page 5, line 13, delete "permit" and insert " certificate".
    Page 5, line 14, delete "tobacco sales permit" and insert " certificate".
    Page 5, line 16, delete "permit" and insert " certificate".
    Page 5, line 20, delete "tobacco sales permit" and insert " certificate".
    Page 5, line 22, delete "permit" and insert " certificate".
    Page 5, line 22, delete "violates this title," and insert " fails to pay a civil penalty imposed for violating".
    Page 5, line 24, after "Before" insert " imposing a civil penalty,".
    Page 5, line 24, after "suspending" insert " ,".
    Page 5, line 24, delete "permit" and insert " certificate".
    Page 5, line 26, delete "permit" and insert " certificate".
    Page 5, line 27, after "the" insert " civil penalty,".
    Page 5, line 27, after "suspension" insert " ,".
    Page 5, line 28, delete "permit" and insert " certificate".
    Page 5, delete lines 29 through 40, begin a new paragraph and insert:
        " Sec. 6. If a certificate has:
            (1) expired;
            (2) been suspended; or
            (3) been revoked;
the commission may not reinstate or renew the certificate until all civil penalties imposed against the certificate holder for violating IC 35-46-1-10 , IC 35-46-1-10.2 , IC 35-46-1-11.5 , or IC 35-46-1-11.7 have been paid.
".
    Page 5, line 41, delete "8." and insert " 7.".
    Page 5, line 41, delete "tobacco sales permit" and insert " certificate".
    Page 6, line 1, delete "tobacco sales permit" and insert " certificate".
    Page 6, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 7.1-3-23-16; (03)CR173801.9. -->     "SECTION 9. IC 7.1-3-23-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 16. Revocation upon Conviction. The commission may revoke a wholesaler's, retailer's, or dealer's permit of any type after final judgment of conviction for an offense defined in this title. The commission shall may revoke the permit of a wholesaler, retailer, or dealer upon a second violation of a provision of this title whether a judgment of conviction ensues or not.".
SOURCE: Page 6, line 7; (03)CR173801.6. -->     Page 6, line 7, after "five" insert " one hundred".
    Page 6, line 7, delete "($50) " and insert " ($150)".
    Page 6, line 7, delete "day" and insert " year".
    Page 6, line 20 after "($10)." insert " The fees collected under this section shall be deposited in the enforcement and administration fund under IC 7.1-4-10.".
    Page 6, line 28, rest in roman "For a sale to take place under this".
    Page 6, reset in roman lines 29 through 42.
    Page 7, reset in roman lines 1 through 11.
    Page 7, line 12, reset in roman "(e)".
    Page 7, line 12, delete "(b)".
    Page 7, line 21, delete "(c)" and insert " (f)".
    Page 7, line 28, reset in roman "For a sale to take place under this".
    Page 7, reset in roman lines 29 through 42.
    Page 8, reset in roman lines 1 through 32.
    Page 8, line 33, reset in roman "(e)".
    Page 8, line 33, delete "(b)".
    Page 8, line 42, delete "(c)" and insert " (f)".
    Page 9, delete lines 3 through 42.
    Delete page 10.
    Page 11, delete lines 1 through 11.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1738 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lytle


CR173801/DI 14    2003