SB 326-3_ Filed 02/24/2004, 15:42 Pierce


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 326 be amended to read as follows:

SOURCE: Page 6, line 7; (04)MO032602.6. -->     Page 6, line 7, delete "composition".
    Page 6, line 18, delete "may" and insert "may:".
    Page 6, line 18, delete "shall:".
    Page 7, between lines 15 and 16, begin a new paragraph and insert:
    " (e) A denial of a permit by a municipality shall be issued in writing before the date of the display.".
    Page 7, line 16, delete "(e)" and insert " (f)".
    Page 9, line 11, delete "knowing or".
    Page 9, line 12, delete "D felony." and insert " A misdemeanor.
    Sec. 10. A person who causes serious bodily injury to a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Class D felony.
    Sec. 11. A person who causes the death of a person as a result of a reckless violation of a rule adopted under this chapter commits a Class D felony.
".
    Page 9, line 13, delete "10." and insert " 12.".
    Page 9, line 14, delete "reckless" and insert " an intentional".
    Page 9, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 35-47.5-4-4.5; (04)MO032602.4. -->     "SECTION 4. IC 35-47.5-4-4.5, AS ADDED BY HEA 1072-2004, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4.5. (a) This section does not apply to a person who is regulated under IC 14-34.
    (b) The commission shall adopt rules under IC 4-22-2 to:
        (1) govern the use of a regulated explosive; and
        (2) establish requirements for the issuance of a license for the use of a regulated explosive.
    (c) The commission shall include the following requirements in the rules adopted under subsection (b):
        (1) Relicensure every three (3) years after the initial issuance of a license.
        (2) Continuing education as a condition of relicensure.
        (3) An application for licensure or relicensure must be submitted to the office on forms approved by the commission.
        (4) A fee for licensure and relicensure.
        (5) Reciprocal recognition of a license for the use of a regulated explosive issued by another state if the licensure requirements of the other state are substantially similar to the licensure requirements established by the commission.
    (d) A person may not use a regulated explosive unless the person has a license issued under this section for the use of a regulated explosive.
    (e) The office shall carry out the licensing and relicensing program under the rules adopted by the commission.
    (f) As used in this section, "regulated explosive" does not include either of the following:
        (1) Consumer Fireworks (as defined in 27 CFR 55.11). 27 CFR 555.11).
        (2) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 326 as printed February 20, 2004.)

________________________________________

Representative Pierce


MO032602/DI 71     2004