HB 1028-1_ Filed 01/28/2010, 09:23
Your Committee on Public Policy , to which was referred House Bill 1028 , has
had the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (10)AM102801.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 3-10-8-4.5; (10)AM102801.1. -->
"SECTION 1. IC 3-10-8-4.5, AS AMENDED BY P.L.145-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4.5. Whenever the election division receives a
notice under section 4 of this chapter, the election division shall notify
the following offices and agencies that a special election will be
conducted within all or part of Indiana:
(1) Each agency serving persons with disabilities and designated
as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with
procedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site and subject
to IC 3-7-18.
(4) The alcohol and tobacco commission for purposes of
enforcing IC 7.1-5-10-1.
(5) (4) The bureau of motor vehicles for voter registration
purposes under IC 9-24-2.5.
(6) (5) The adjutant general for purposes of enforcing
(7) (6) The division of family resources for voter registration
purposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(8) (7) The state department of health for voter registration
purposes under IC 16-35-1.6.
(9) (8) The Federal Voting Assistance Program of the United
States Department of Defense, for notification of absent
uniformed services voters and overseas voters.
SOURCE: IC 3-10-8-9; (10)AM102801.2. -->
SECTION 2. IC 3-10-8-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 9. (a) If the special election occurs
during the period when registration is open under IC 3-7-13, the
registration period continues through the twenty-ninth day before the
special election occurs and resumes on the date specified by
(b) The election board conducting the special election shall provide
poll lists for use at the precincts that include the names of voters in the
(1) have registered through the twenty-ninth day before the
special election is to be conducted; or
(2) are absent uniformed services voters or overseas voters
registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by a
court under IC 3-12-8-17 or the state recount commission under
IC 3-12-11-18. A candidate may not be placed on the special election
ballot unless the candidate was on the ballot or was a declared write-in
candidate for the office at the general election preceding the special
(d) The restrictions on the sale of alcoholic beverages set forth in
IC 7.1-5-10-1 apply in each precinct in which the special election is
SOURCE: Page 2, line 14; (10)AM102801.2. -->
Page 2, after line 14, begin a new paragraph and insert:
SOURCE: IC 7.1-5-10-1; (10)AM102801.4. -->
"SECTION 4. IC 7.1-5-10-1, AS AMENDED BY P.L.1-2009,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. (a) Except as provided in subsection (c), it is
unlawful to sell alcoholic beverages at the following times:
(1) At a time other than that made lawful by the provisions of
(2) On Christmas Day and until 7:00 o'clock in the morning,
prevailing local time, the following day.
(3) On primary election day, and general election day, from 3:00
o'clock in the morning, prevailing local time, until the voting polls
are closed in the evening on these days.
(4) During a special election under IC 3-10-8-9 (within the
precincts where the special election is being conducted), from
3:00 o'clock in the morning until the voting polls are closed in the
evening on these days.
(b) During the time when the sale of alcoholic beverages is
unlawful, no alcoholic beverages shall be sold, dispensed, given away,
or otherwise disposed of on the licensed premises and the licensed
premises shall remain closed to the extent that the nature of the
business carried on at the premises, as at a hotel or restaurant, permits.
(c) It is lawful for the holder of a valid beer, wine, or liquor
wholesaler's permit to sell to the holder of a valid retailer's or dealer's
permit at any time.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1028 as introduced.)
and when so amended that said bill do pass.
Representative Van Haaften
AM102801/DI 14 2010