HB 1099-5_ Filed 03/01/2006, 09:05 Weatherwax

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 5, line 12; (06)MO109911.5. -->     Page 5, between lines 12 and 13, begin a new paragraph and insert:
    " "Responding fire department" means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision.".
    Page 9, line 18, after "building" insert " safety".
    Page 9, line 23, after "occurred;" delete "or".
    Page 9, line 26, after "building" insert " safety".
    Page 9, line 29, delete "commission." and insert " safety commission; or".
    Page 9, between lines 29 and 30, begin a new line block indented and insert:
        " (3) complies with the rules adopted after July 3, 2003, by the fire prevention and building safety commission established under IC 22-12-2-1 for an M building occupancy under the Indiana building code.".
    Page 9, line 32, after "(c)" insert " This subsection does not apply to a structure identified in subsection (b)(1), (b)(2), or (b)(3).".
    Page 10, line 8, after "sold." insert " The state fire marshal may delegate this responsibility to a responding fire department with jurisdiction over the tent or structure subject to the policies and procedures of the state fire marshal.
    (e) A retailer shall file an application for each retail location on a form to be provided by the state fire marshal.
".
    Page 10, line 40, strike "A retailer that offers the items for sale to".
    Page 10, strike lines 41 through 42.
    Page 11, line 1, strike "retailer purchases the items.".
    Page 11, line 27, delete "or".
    Page 11, line 27, after "10" insert " , or 11(b)".
    Page 13, line 13, strike "supervisor" and insert " salesperson".
    Page 13, line 13, strike "sixteen (16)" and insert " eighteen (18)".
    Page 14, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 22-11-14-11; (06)MO109911.12. -->     "SECTION 12. IC 22-11-14-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE MAY 1, 2006]: Sec. 11. (a) A retailer may not sell consumer fireworks until the retailer has:
        (1) filed the application required under section 4.5(e) of this chapter with the state fire marshal for each location from which the retailer proposes to sell the consumer fireworks which must be filed on an annual basis; and
        (2) paid an accompanying registration fee of:
            (A) one thousand dollars ($1,000) for the first location;
            (B) five hundred dollars ($500) for each additional sales location in a tent; and
            (C) two hundred dollars ($200) for each additional sales location in a structure;
        from which the retailer proposes to sell the consumer fireworks.
Upon receipt of the completed application form and the accompanying fee, the state fire marshal will issue a certificate of compliance to the retailer for each sales location.
    (b) A person may not sell consumer fireworks at retail when a certificate of compliance from the state fire marshal has not been issued for the location at which the consumer fireworks will be sold.
    (c) A certificate of compliance issued to a retailer of consumer fireworks is not transferable.
".
SOURCE: Page 14, line 34; (06)MO109911.14. -->     Page 14, line 34, delete "22-11-14-11" and insert "22-11-14-12".
    Page 14, line 36, delete "11." and insert " 12.".
    Page 15, line 7, after "(c)" insert " .".
    Page 15, line 7, delete "and in".
    Page 15, delete line 8.
    Page 15, line 9, delete "22-11-14-12" and insert "22-11-14-13".
    Page 15, line 11, delete "12." and insert " 13.".
    Page 15, line 36, delete "11" and insert " 12".
    Page 16, line 37, delete "IC 35-47-7-6 IS" and insert "THE FOLLOWING ARE".
    Page 16, line 38, delete "." and insert ": IC 22-11-14.5-2; IC 35-47-7-6.".
    Page 17, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: ; (06)MO109911.20. -->     "SECTION 20. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5 and IC 22-11-14-15, both as added by this act, the fire prevention and building safety commission shall carry out the duties imposed upon it by this act with respect to the matters referred to in IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5

and IC 22-11-14-15, both as added by this act, under interim written guidelines approved by the state fire marshal.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are respectively adopted under IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5 and IC 22-11-14-15, both as added by this act.
        (2) December 31, 2007.

SOURCE: ; (06)MO109911.21. -->     SECTION 21. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 22-11-14-12(d) and IC 22-11-14-15, both as added by this act, the department of state revenue shall carry out the duties imposed upon it by this act with respect to the matters referred to in IC 22-11-14-12(d) and IC 22-11-14-15, both as added by this act, under interim written guidelines approved by the commissioner of the department of state revenue.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are respectively adopted under
IC 22-11-14-12(d) and IC 22-11-14-15, both as added by this act.
        (2) December 31, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1099 as printed February 24, 2006.)

________________________________________

Senator WEATHERWAX


MO109911/DI 96
2006