HB 1405-1_ Filed 02/09/2011, 11:40


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

9

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Public Policy     , to which was referred       House Bill 1405     , 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; (11)AM140504.1. -->     Page 1, delete lines 1 through 15.
    Delete pages 2 through 4.
    Page 5, delete lines 1 through 23, begin a new paragraph and insert:
SOURCE: IC 35-46-1-1.3; (11)AM140504.1. -->     "SECTION 1. IC 35-46-1-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.3. As used in this chapter, "dissolvable tobacco product" means a smokeless tobacco product that dissolves in the mouth of the user.".
SOURCE: Page 5, line 29; (11)AM140504.5. -->     Page 5, line 29, after "tobacco;" insert " and".
    Page 5, between lines 29 and 30, begin a new line block indented and insert:
        " (4) a dissolvable tobacco product.".
    Page 5, delete lines 30 through 31, begin a new paragraph and insert:
SOURCE: IC 35-46-1-11.8; (11)AM140504.3. -->     "SECTION 3. IC 35-46-1-11.8, AS ADDED BY P.L.37-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11.8. (a) As used in this section, "self-service display" means a display that contains cigarettes tobacco in an area where a customer:
        (1) is permitted; and
        (2) has access to the cigarettes tobacco without assistance from a sales person.
    (b) This section does not apply to a self-service display located in a retail establishment that:
        (1) has a primary purpose to sell cigarettes; tobacco; and
        (2) prohibits entry by persons who are less than eighteen (18) years of age.
    (c) The owner of a retail establishment that sells or distributes cigarettes tobacco through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
    (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1405 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Davis


AM140504/DI 14    2011