Reprinted
February 5, 2004
HOUSE BILL No. 1072
_____
DIGEST OF HB 1072
(Updated February 4, 2004 3:16 pm - DI 105)
Citations Affected: IC 22-12; IC 35-47.5; noncode.
Synopsis: Regulated explosives. Provides that a person may not use
a regulated explosive (other than commercially manufactured black
powder or consumer fireworks) unless the person has been issued a
license by the state fire marshal. Provides that the fire prevention and
building safety commission shall adopt rules to govern the use of
regulated explosives. Makes it a crime to violate those rules. Exempts
entities that engage in surface coal mining operations from the
regulated explosive license requirement.
Effective: July 1, 2004.
Bischoff
, Friend
, Yount
, Hasler
January 15, 2004, read first time and referred to Committee on Interstate and International
Cooperation.
January 29, 2004, amended, reported _ Do Pass.
February 4, 2004, read second time, amended, ordered engrossed.
Reprinted
February 5, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1072
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-12-7-7; (04)HB1072.2.1. -->
SECTION 1. IC 22-12-7-7, AS AMENDED BY P.L.141-2003,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 7. An order under IC 4-21.5-3-6 or IC 4-21.5-4
may include the following, singly or in combination:
(1) Require a person who has taken a substantial step toward
violating a law or has violated a law to cease and correct the
violation.
(2) Require a person who has control over property that is
affected by a violation to take reasonable steps to:
(A) protect persons and property from the hazards of the
violation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by a violation
and prohibit persons from entering the area until the violation is
corrected.
(4) Impose any of the following sanctions with respect to a permit,
registration, certification, release, authorization, variance,
exemption, or other license issued by a person described in
section 1 of this chapter:
(A) Permanently revoke the license.
(B) Suspend the license.
(C) Censure the person to whom the license is issued.
(D) Issue a letter of reprimand to a person to whom the license
is issued.
(E) Place a person to whom the license is issued on probation.
An order to permanently revoke or suspend a license under
this subdivision may include the revocation or suspension of
a license issued under IC 35-47.5-4-4.5 for the commission of
an offense under IC 35-47.5-5 or 18 U.S.C. 842 by the licensee.
(5) Impose on a person who has violated a law that may be
enforced by the department a civil penalty not to exceed two
hundred fifty dollars ($250) for each day the violation occurs.
SOURCE: IC 35-47.5-4-4.5; (04)HB1072.2.2. -->
SECTION 2. IC 35-47.5-4-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 4.5. (a) This section does not
apply to a person who is regulated under IC 14-34.
(b) The commission shall adopt rules under IC 4-22-2 to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for the
use of a regulated explosive.
(c) The commission shall include the following requirements in
the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance
of a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be
submitted to the office on forms approved by the commission.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a
regulated explosive issued by another state if the licensure
requirements of the other state are substantially similar to the
licensure requirements established by the commission.
(d) A person may not use a regulated explosive, unless the
person has a license issued under this section for the use of a
regulated explosive.
(e) The office shall carry out the licensing and relicensing
program under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not
include either of the following:
(1) Consumer fireworks (as defined in 27 CFR 55.11).
(2) Commercially manufactured black powder in quantities
not to exceed fifty (50) pounds, if the black powder is intended
to be used solely for sporting, recreational, or cultural
purposes in antique firearms or antique devices.
SOURCE: IC 35-47.5-5-11; (04)HB1072.2.3. -->
SECTION 3. IC 35-47.5-5-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 11. A person who recklessly
violates a rule regarding the use of a regulated explosive adopted
by the commission under IC 35-47.5-4-4.5 commits a Class A
misdemeanor. However, the offense is a Class D felony if the
violation of the rule proximately causes bodily injury or death.
SOURCE: ; (04)HB1072.2.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2004]
IC 35-47.5-5-11, as
added by this act, applies only to offenses committed after June 30,
2004.