HB 1099-6_ Filed 02/01/2006, 12:14 Frizzell


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1099 be recommitted to a Committee of One, its author, with specific instructions to amend as follows:

SOURCE: Page 8, line 22; (06)MO109904.8. -->     Page 8, line 22, after "location." insert " Permit fees shall be paid to the municipality or the township in which the special discharge location will be located.".
    Page 10, line 13, delete "gross".
    Page 10, line 13, delete ", other".
    Page 10, line 14, delete "than those set forth in section 8(a) of this chapter,".
    Page 10, line 15, delete "one" and insert " three".
    Page 10, line 15, delete "five hundred (1,500)" and insert " (3,000) gross".
    Page 10, line 15, delete "product." and insert " consumer fireworks.".
    Page 10, line 21, after "chapter." insert " For purposes of this subdivision, a retailer includes a resident wholesaler who supplied consumer fireworks to an applicant for a tent registration in 2005.
     (b) A retailer may sell consumer fireworks from a Class 1 structure (as defined in IC 22-12-1-4) that:
        (1) complied with the rules for a B-2 or M building occupancy prior to July 4, 2003, under the Indiana building code adopted by the fire prevention and building commission established under IC 22-12-2-1;
            (A) in which 1.4G fireworks were sold or stored on or before July 4, 2003; and
            (B) in which no subsequent intervening non-fireworks sales

or storage use has occurred; or
        (2) complies with the rules for an H-3 building occupancy under the Indiana building code adopted by the fire prevention and building commission established under IC 22-12-2-1, or the equivalent occupancy classification adopted by subsequent rules of the fire prevention and building commission.

A registration under section 5(b)(3) of this chapter is required for operation in 2006 and following years.".
    Page 10, delete lines 22 through 25.
    Page 10, line 26, delete "building safety commission.".
    Page 10, line 26, before "A" begin a new paragraph and insert:
    " (c)".
    Page 10, line 32, delete "gross".
    Page 10, line 32, delete "structure," and insert " structure".
    Page 10, line 33, delete "other than those set forth in section 8(a) of this chapter,".
    Page 10, line 34, delete "one" and insert " three".
    Page 10, line 34, delete "five hundred (1,500)" and insert " (3,000) gross".
    Page 10, line 35, delete "product." and insert " consumer fireworks.".
    Page 10, delete lines 36 through 39.
    Page 10, line 40, delete "(5)" and insert " (4)".
    Page 10, line 42, delete "(6)" and insert " (5)".
    Page 11, line 5, delete "(c)" and insert " (d)".
    Page 11, line 22, reset in roman "one thousand".
    Page 11, line 22, delete "seven hundred".
    Page 11, line 23, delete "fifty".
    Page 11, line 23, reset in roman "($1,000)".
    Page 11, line 23, delete "($750)".
    Page 11, line 23, delete "an" and insert " a".
    Page 11, delete lines 24 through 28, begin a new line block indented and insert:
        " registration fee of:
            (A) two hundred dollars ($200) for each additional sales location in a structure; and
            (B) five hundred dollars ($500) for each additional sales location in a tent;
        from which consumer fireworks are to be offered for sale. The registration fee shall be deposited in the fire and building services fund as set forth in IC 22-12-6-1(c).
".
    Page 16, between lines 34 and 35, begin a new paragraph and insert:

SOURCE: IC 35-47-7-7; (06)MO109904.15. -->     "SECTION 15. IC 35-47-7-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) If:
        (1) a practitioner (as defined in IC 25-1-9-2) initially treats a

person for an injury and identifies the person's injury as resulting from fireworks or pyrotechnics, the practitioner; or
        (2) a hospital or outpatient surgical center initially treats a person for an injury and the administrator of the hospital or outpatient surgical center identifies the person's injury as resulting from fireworks or pyrotechnics, the administrator or the administrator's designee;
shall report the case to the state health data center of the state department of health not more than five (5) business days after the time the person is treated. The report may be made in writing on a form prescribed by the state department of health.

    (b) A person submitting a report under subsection (a) shall make a reasonable attempt to include the following information:
        (1) The name, address, and age of the injured person.
        (2) The date and time of the injury and the location where the injury occurred.
        (3) If the injured person was less than eighteen (18) years of age, whether an adult was present when the injury occurred.
        (4) Whether the injured person consumed an alcoholic beverage within three (3) hours before the occurrence of the injury.
        (5) A description of the firework or pyrotechnic that caused the injury.
        (6) The nature and extent of the injury.
    (c) A report made under this section is considered confidential for purposes of IC 5-14-3-4(a)(1).
    (d) The state department of health shall compile the data collected under this section and submit in an electronic format under IC 5-14-6 a report of the compiled data to the legislative council not later than December 31 of each year.

SOURCE: IC 35-47-7-6; (06)MO109904.16. -->     SECTION 16. IC 35-47-7-6 IS REPEALED [EFFECTIVE UPON PASSAGE].".
    Renumber all SECTIONS consecutively
    (Reference is to HB 1099 as reprinted February 1, 2006.)

________________________________________

Representative Frizzell




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Adopted Rejected

COMMITTEE REPORT

MR. SPEAKER:

    Your Committee of One, to which was referred House Bill 1099, begs leave to report that said bill has been amended as directed.


________________________________________

Representative Frizzell


MO109904/DI 96     2006