HB 1099-6_ Filed 03/01/2006, 09:54 Ford
SENATE MOTION
MADAM PRESIDENT:
I move
that Engrossed House Bill 1099 be amended to read as follows:
SOURCE: Page 16, line 2; (06)MO109912.16. -->
Page 16, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 22-11-14-16; (06)MO109912.16. -->
"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. Fireworks are, for
purposes of IC 34-20, unreasonably dangerous products. A
manufacturer of consumer fireworks is strictly liable for any actual
monetary damages arising from the death, bodily injury, or
property damage caused by the use of the manufacturer's product
in accordance with the provisions of IC 34-20-2-3 and IC 34-20-2-4
without regard to warnings or defective condition. Nothing in this
section is intended to modify any other provisions of tort or
negligence law or to otherwise modify the legal liabilities of any
party.".
SOURCE: Page 17, line 22; (06)MO109912.17. -->
Page 17, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: ; (06)MO109912.21. -->
"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)MO109912.22. -->
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 FORD