HB 1099-1_ Filed 01/30/2006, 07:27 Thompson


Text Box


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    WITHDRAWN        Noes _______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


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1099 be amended to read as follows:

    Page 12, between lines 8 and 9, begin a new paragraph and insert:

    SECTION 7. IC 22-11-14-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8.5. (a) A retailer who sells fireworks, novelties, or trick noisemakers to a person less than eighteen (18) years of age commits a Class C infraction.
    (b) A person less than eighteen (18) years of age who purchases fireworks, novelties, or trick noisemakers commits a Class C infraction.
    (c) A person who:
        (1) is not:
            (A) a retailer that has been issued a permit to sell fireworks, novelties, or trick noisemakers under section 7 of this chapter; or
            (B) a retailer that is:
            (i) subject to state gross retail taxes under IC 6-2.5; and
            (ii) selling fireworks, novelties, or trick noisemakers from a structure permanently fixed to real property used by the retailer to engage in retail transactions; and
        (2) purchases fireworks, novelties, or trick noisemakers for resale to a person less than eighteen (18) years of age;
commits a Class C infraction.
    (d) It is a defense under subsections (a) and (c) that a person

less than eighteen (18) years of age produced:
        (1) a driver's license; or
        (2) an identification card issued under IC 9-24-16;
bearing a photograph or computerized image of the person and showing that the person was at least eighteen (18) years of age.

    Renumber all SECTIONS consecutively.
    (Reference is to HB 1099 as printed January 27, 2006.)


________________________________________

Representative THOMPSON


RH 109901.D/DI jc
2006