HB 1099-1_ Filed 02/27/2006, 10:18 Dillon

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1099 be amended to read as follows:

SOURCE: Page 16, line 2; (06)MO109909.16. -->     Page 16, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 22-11-14-16; (06)MO109909.16. -->     "SECTION 16. IC 22-11-14-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. If:
        (1) a court awards a person damages for personal injury, property damage, or other loss due to the negligent use of fireworks; and
        (2) the person who caused the injury, damage, or loss is unable to pay, through insurance or otherwise, the judgment in full;
the retailer, wholesaler, importer, or manufacturer, or a combination of the retailer, wholesaler, importer, or manufacturer, is jointly and severably liable to the person who suffered the loss for the amount of the unsatisfied judgment.
".
SOURCE: Page 17, line 22; (06)MO109909.17. -->     Page 17, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: ; (06)MO109909.21. -->     "SECTION 21. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5 and IC 22-11-14-15, both as added by this act, the fire safety and building commission shall carry out the duties imposed upon it by this act with respect to the matters referred to in IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5 and IC 22-11-14-15, both as added by this act, under interim written guidelines approved by the state fire marshal.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under IC 22-11-14-2(a) and IC 22-11-14-8(d), both as amended by this act, and IC 22-11-14-3.5 and IC 22-11-14-15, both as added by this act.
        (2) December 31, 2007.

SOURCE: ; (06)MO109909.22. -->     SECTION 22. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 22-11-14-11(d) and IC 22-11-14-15, both as added by this act, the department of state revenue shall carry out the duties imposed upon it by this act with respect to the matters referred to in IC 22-11-14-11(d) and IC 22-11-14-15, both as added by this act, under interim written guidelines approved by the commissioner of the department of state revenue.
    (b) This SECTION expires on the earlier of the following:
        (1) The date rules are adopted under
IC 22-11-14-11(d) and IC 22-11-14-15, both as added by this act.
        (2) December 31, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1099 as printed February 24, 2006.)

________________________________________

Senator DILLON


MO109909/DI 96
2006