HB 1028-1_ Filed 01/28/2010, 09:23
Adopted 1/28/2010


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:
    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 IC 10-16-7-17.
        (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 IC 3-7-13-10(d).
    (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 precinct who:
        (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 election.
    (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 conducted.".
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 IC 7.1-3-1-14.
        (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