HB 1738-1_ Filed 04/01/2003, 16:27 Merritt
Adopted 4/8/2003

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1738 be amended to read as follows:

SOURCE: Page 2, line 39; (03)MO173809.2. -->     Page 2, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 7.1-3-1-3; (03)MO173809.1. -->     "SECTION 1. IC 7.1-3-1-3, AS AMENDED BY P.L.205-1999, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) A permit of any type issued by the commission, except as provided in subsections (b) and (f) or unless otherwise provided in this title, shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of the one (1) year period the permit shall be fully expired and null and void.
    (b) Notwithstanding subsection (a), in a county containing a consolidated city, a permit that is subject to section 5.5 or 5.6 of this chapter is effective for two (2) calendar years, including the day upon which the permit is granted. However, a local board may recommend to the commission that the permit be issued or renewed for only a one (1) year period. The commission may issue or renew a permit for the period recommended by the local board.
    (c) A permittee who is granted a two (2) year permit under subsection (b) or subsection (f) is liable for any annual fees assessed by the commission. The annual fee is due on the annual anniversary date upon which the permit was granted.
    (d) If the commission grants a two (2) year permit, the commission may ask a local board to hold a hearing to reconsider the duration of a permittee's permit. A hearing held under this subsection is subject to section 5.5 or 5.6 of this chapter. A local board shall hold the hearing requested by the commission within thirty (30) days before the permittee's next annual anniversary date and forward a recommendation to the commission following the hearing.
    (e) If a permittee is granted a permit for more than one (1) year, the commission may require the permittee to file annually with the commission the information required for an annual permit renewal.
    (f) Notwithstanding subsection (a), the following are effective for two (2) calendar years, including the day upon which the permit is

granted:
        (1) A beer wholesaler's permit issued under IC 7.1-3-3-1.
        (2) A wine wholesaler's permit issued under IC 7.1-3-13-1.
         (3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.".

SOURCE: Page 3, line 34; (03)MO173809.3. -->     Page 3, line 34, delete "distribute" and insert " otherwise distribute in exchange for consideration".
    Page 4, line 3, delete "permit" and insert " certificate".
    Page 4, line 12, delete "permit" and insert " certificate".
    Page 4, line 20, delete "shall" and insert " may".
    Page 4, line 27, delete "imposing" and insert " enforcing the imposition of".
    Page 4, between lines 40 and 41, begin a new paragraph and insert:
    " (c) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6.".
    Page 4, line 41, after "7." insert " (a)".
    Page 5, between lines 2 and 3, begin a new paragraph and insert:
    " (b) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1738 as printed March 28, 2003.)

________________________________________

Senator MERRITT


MO173809/DI 87     2003