HB 1099-3_ Filed 02/28/2006, 09:21 Zakas

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 3, line 6; (06)MO109908.3. -->     Page 3, delete lines 6 through 7.
    Page 5, between lines 2 and 3, begin a new paragraph and insert:
    " "Municipality" has the meaning set forth in IC 36-1-2-11.".
    Page 5, delete lines 40 through 42.
    Page 7, line 14, after "section" delete ".".
    Page 7, line 14, after "misdemeanor." insert " or under rules adopted under section 3.5 of this chapter.".
    Page 7, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 22-11-14-3; (06)MO109908.3. -->     "SECTION 3. IC 22-11-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The governing body of the municipality shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than ten thousand dollars ($10,000) and to property in an amount of not less than ten thousand dollars ($10,000), by reason of the licensed public display permitted under section 2 of this chapter, and arising from any acts of the licensee, his permittee or the permitee's agents, employees, or subcontractors. However, the governing body of the municipality may in its discretion require additional amounts of insurance coverage not to exceed one hundred thousand dollars ($100,000) for damages caused to a person or persons, or one hundred thousand dollars ($100,000) for damage to property.
    (b) A person who fails to obtain a certificate of insurance required under subsection (a) commits a Class A misdemeanor.".
SOURCE: Page 7, line 18; (06)MO109908.7. -->     Page 7, line 18, delete "may" and insert " shall".
    Page 7, line 19, delete "the chief of a municipal or" and insert " consumer and special fireworks may be purchased, transported, delivered, or possessed for purposes of a public display of fireworks by rules adopted under section 2(a)(1) of this chapter by a person who has been issued a permit by rules adopted under

section 2(a)(2) of this chapter.".
    Page 7, delete lines 20 through 22.
    Page 7, line 28, after "(A)" insert " fireworks".
    Page 7, line 28, after "wholesale" insert ";".
    Page 7, line 28, strike "fireworks not prohibited by this chapter;".
    Page 7, line 29, reset in roman "approved for sale in Indiana".
    Page 7, line 29, after "Indiana" insert ";".
    Page 7, line 29, strike "if".
    Page 7, line 30, strike "they are to be".
    Page 7, line 31, delete "used:".
    Page 7, delete lines 32 through 36.
    Page 8, delete lines 29 through 42.
    Delete page 9.
    Page 10, delete lines 1 through 8.
    Page 10, line 23, delete ":".
    Page 10, line 24, delete "(A)".
    Page 10, run in lines 23 through 24.
    Page 10, line 24, after "($1,000)" insert ".".
    Page 10, line 24, delete "for the first location;".
    Page 10, delete lines 25 through 32.
    Page 11, line 26, delete "4.5,".
    Page 11, line 26, reset in roman "8".
    Page 11, line 26, after "8" insert ",".
    Page 11, line 26, delete "8(a), 8(c),".
    Page 11, line 29, delete "8(a)" and insert " 8".
    Page 11, delete lines 30 through 34.
    Page 11, delete lines 41 through 42.
    Page 12, delete lines 1 through 28.
    Page 12, line 31, after "temporary" insert " retail sales".
    Page 12, line 39, after "each" insert " retail sales".
    Page 13, line 5, before "stand" insert " retail sales".
    Page 13, line 10, after "each" insert " retail sales".
    Page 13, delete lines 16 through 42, begin a new paragraph and insert:

SOURCE: IC 22-11-14-8; (06)MO109908.9. -->     "SECTION 9. IC 22-11-14-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. Except as provided by rule adopted under the authority of section 3.5 of this chapter, a person shall not sell at retail, or offer for sale at retail, any fireworks, novelties, or trick noisemakers other than the following:
        (1) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed one hundred (100) grams per item. Devices containing chlorate or perchlorate salts may not exceed five (5) grams in total composition per item.
        (2) Cylindrical fountains.
        (3) Cone fountains.
        (4) Illuminating torches.
        (5) Wheels.
        (6) Ground spinners.
        (7) Flitter sparklers.
        (8) Snakes or glow worms.
        (9) Smoke devices.
        (10) Trick noisemakers, which include:
            (A) Party poppers.
            (B) Booby traps.
            (C) Snappers.
            (D) Trick matches.
            (E) Cigarette loads.
            (F) Auto burglar alarms.".
SOURCE: Page 14, line 1; (06)MO109908.14. -->     Page 14, delete lines 1 through 9.
    Page 14, line 12, delete "special".
    Page 14, line 13, after "fireworks" delete ".".
    Page 14, line 13, reset in roman "not approved for sale in Indiana.".
    Page 14, delete lines 34 through 42.
    Delete pages 15 through 16.
    Page 17, delete lines 1 through 22, begin a new paragraph and insert:
SOURCE: ; (06)MO109908.11. -->     "SECTION 11. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 22-11-14-2(a), as amended by this act, and IC 22-11-14-3.5, as added by this act, the fire prevention and building safety commission shall carry out the duties imposed upon it by IC 22-11-14-2(a), as amended by this act, and IC 22-11-14-3.5, as added by this act, under interim written guidelines approved by the state fire marshal.
    (b) This SECTION expires the earlier of the following:
        (1) The date rules are adopted under IC 22-11-14-2(a), as amended by this act and IC 22-11-14-3.5, as added by this act.
        (2) December 31, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1099 as printed February 24, 2006.)

________________________________________

Senator ZAKAS


MO109908/DI 96
2006