HB 1149-19_ Filed 02/27/2012, 11:00 Buck

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1149 be amended to read as follows:

SOURCE: Page 8, line 38; (12)MO114947.8. -->     Page 8, after line 38, begin a new paragraph and insert:
SOURCE: IC 35-46-1-11.9; (12)MO114947.9. -->     "SECTION 9. IC 35-46-1-11.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11.9. Except as provided in subsection (b) or for a transaction to a retail business, a person may not sell or distribute tobacco.
    (b) A person may sell or distribute tobacco at the following times:
        (1) between 1 a.m. and 5 a.m. on Saturday or Sunday;
        (2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
        (3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
    (c) A person that sells or distributes tobacco at times not allowed under this section commits a Class C infraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction committed under this section must be imposed as follows:
        (1) If the person has not been issued a citation or summons for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
        (2) If the person has had one (1) citation or summons issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
        (3) If the person has had two (2) citations or summonses issued for a violation of this section in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
        (4) If the person has had three (3) or more citations or summonses issued for a violation of this section in the

previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).
A person may not be issued a citation or summons for a violation of this section more than once every twenty-four (24) hours.
    (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 established under IC 7.1-6-2-6.
    (e) A person who violates this section at least six (6) times in any one hundred eighty (180) day period commits a Class B infraction.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1149 as printed February 24, 2012.)

________________________________________

Senator BUCK


MO114947/DI 77
2012