HB 1099-1_ Filed 02/22/2006, 09:07
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Tax and Fiscal Policy, to which was referred House Bill No. 1099,
has had the same under consideration and begs leave to report the same back to the Senate
with the recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety and to make an appropriation.
SOURCE: Page 5, line 13; (06)CR109901.5. -->
Page 5, delete lines 13 through 14.
Page 6, line 1, after "individuals" insert "
in accordance with rules
adopted under section 3.5 of this chapter".
Page 7, line 18, delete "(a) After application to" and insert "
The fire
prevention and building safety commission may adopt rules under
IC 4-22-2 that specify the conditions under which the chief of a
municipal or township fire department may grant a permit to a
person to sponsor a special discharge location in the municipality
or township.".
Page 7, delete lines 19 through 42.
Page 8, delete lines 1 through 33.
Page 11, delete lines 34 through 39, begin a new line block indented
and insert:
"(3) an annual registration fee of:
(A) one thousand dollars ($1,000)
for the first location;
(B) five hundred dollars ($500) for each additional sales
location in a tent; and
(C) two hundred dollars ($200) for each additional sales
location in a structure;".
Page 11, line 41, after "be" insert "
collected by the department of
state revenue and".
Page 12, line 37, delete "8(d),".
Page 12, delete lines 38 through 42, begin a new paragraph and
insert:
"
(b) A person who ignites, discharges, or uses consumer
fireworks other than those described in section 8(a) of this chapter
at a site other than:
(1) a special discharge location;
(2) the property of the person; or
(3) the property of another who has given permission to use
the consumer fireworks;
commits a Class C infraction. However, if a person takes an action
described in this subsection not later than five (5) years after the
person previously took an action described in this subsection,
whether or not there has been a judgment that the person
committed an infraction in taking the previous action, the person
commits a Class C misdemeanor.
(c) A person less than eighteen (18) years of age who:
(1) possesses a:
(A) consumer firework;
(B) novelty; or
(C) trick noisemaker;
other than those set forth in section 8(a) of this chapter; or
(2) uses a consumer firework when an adult is not present and
responsible at the location of the use;
commits a Class C infraction. However, if a person possesses as
described in subdivision (1) or uses as described in subdivision (2)
not later than five (5) years after a previous possession or use by
the person as described in this subsection, whether or not there has
been a judgment that the person committed an infraction in the
previous possession or use, the person commits a Class C
misdemeanor.
(d) A person commits a Class A misdemeanor if the person
recklessly, knowingly, or intentionally uses consumer fireworks
other than those described in section 8(a) of this chapter and the
violation causes harm to the property of a person.
(e) A person commits a Class D felony if the person recklessly,
knowingly, or intentionally uses consumer fireworks other than
those described in section 8(a) of this chapter and the violation
results in serious bodily injury to a person.
(f) A person commits a Class C felony if the person recklessly,
knowingly, or intentionally uses consumer fireworks other than
those described in section 8(a) of this chapter and the violation
results in the death of a person.
(g) A person commits a Class D felony if the person knowingly
fails to collect or remit to the state the public safety fees due under
section 11 of this chapter.
SOURCE: IC 22-11-14-7; (06)CR109901.8. -->
SECTION 8. IC 22-11-14-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE] 1: Sec. 7. (a) A retailer
selling fireworks at one (1) or more temporary stands must obtain a
fireworks stand retail sales permit, referred to in this section as a
"permit", from the state fire marshal.
(b) An application for a permit must be made before June 1 of each
year and must require that at least the following information be supplied
by the retailer:
(1) The retailer's retail merchant certificate number or proof of
application for a certificate number.
(2) The location of each stand.
The state fire marshal shall, within seven (7) days after the receipt of an
application for a permit, either issue the permit or notify the applicant
of the denial of the permit.
(c) The retailer must pay to the state fire marshal an annual permit
fee set under IC 22-12-6-8. If the state fire marshal approves an
application for a permit, he shall issue a permit to the retailer. The
permit expires one (1) year after the date of issuance.
(d) The permit shall be posted by the retailer at the stand so that it
is easily seen by the public. However, the state fire marshal's issuance
of a permit does not constitute approval of the fireworks offered for sale
by the retailer. The retailer is responsible for determining that all
fireworks which he offers for sale conform to applicable law.
(e) At each stand, the retailer shall provide:
(1) a posted certificate of compliance, including a descriptive list
of approved fireworks; and
(2) a supervisor who is at least sixteen (16) years of age.
(f) Fireworks may not be sold at retail from trucks, vans, or
automobiles. a motor vehicle (as defined in IC 9-13-2-105).
SOURCE: IC 22-11-14-8; (06)CR109901.9. -->
SECTION 9. IC 22-11-14-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) A person
shall not sell at retail, or offer for sale at retail, or deliver any
consumer fireworks, novelties, or trick noisemakers to a person less
than eighteen (18) years of age other than the following:
(1) Dipped sticks or wire sparklers. However, total pyrotechnic
composition may not exceed one hundred (100) grams per item.
Devices containing chlorate or perchlorate salts may not exceed
five (5) grams in total composition per item.
(2) Cylindrical fountains.
(3) Cone fountains.
(4) Illuminating torches.
(5) Wheels.
(6) Ground spinners.
(7) Flitter sparklers.
(8) Snakes or glow worms.
(9) Smoke devices.
(10) Trick noisemakers, which include:
(A) Party poppers.
(B) Booby traps.
(C) Snappers.
(D) Trick matches.
(E) Cigarette loads.
(F) Auto burglar alarms.
(b) A retailer or wholesaler of consumer fireworks may sell
consumer fireworks to a person at least eighteen (18) years of age.
(c) An individual who sells consumer fireworks other than those
listed in subsection (a) must be at least eighteen (18) years of age.
(d) The fire prevention and building safety commission may
adopt rules under IC 4-22-2 establishing procedures to ensure
compliance with the age limitations set forth in this section.
SOURCE: IC 22-11-14-8.5; (06)CR109901.10. -->
SECTION 10. IC 22-11-14-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8.5. A person is strictly liable
for death, bodily injury, or property damage caused by that
person's use of consumer fireworks.".
Delete page 13.
SOURCE: Page 14, line 1; (06)CR109901.14. -->
Page 14, delete lines 1 through 20.
Page 15, line 14, delete "paid to the department to be" and insert
" deposited in the state general fund.".
Page 15, delete lines 15 through 25.
Page 15, line 26, delete "fire prevention and building safety
commission" and insert " department of state revenue".
Page 15, line 27, delete "administration of the".
Page 15, line 28, delete "and distribution".
Page 16, delete lines 10 through 32.
Page 16, line 39, delete "homeland".
Page 16, line 40, delete "security;" and insert " state revenue;".
Page 17, line 5, after "commission" insert " and the department of
state revenue".
Page 18, delete lines 1 through 13, begin a new paragraph and insert:
SOURCE: ; (06)CR109901.18. -->
"SECTION 18. [EFFECTIVE UPON PASSAGE] The department
of homeland security shall report to the budget committee by July
1, 2006, on the feasibility of the following:
(1) Creating a regional program to:
(A) train public safety service providers under
IC 10-19-9-3; and
(B) provide advanced training programs in public safety
and homeland security matters under IC 10-19-9-4.
The report must set out the need for the training, identify
possible locations where training could take place, provide an
estimate of the costs for providing such training, and include
other things the department determines to be relevant.
(2) Establishing a state disaster relief fund to provide:
(A) matching financial assistance to state agencies and
political subdivisions under any federal program; and
(B) direct aid to individuals, families, or communities in the
event that an emergency event does not receive a
presidential major disaster declaration.
SOURCE: ; (06)CR109901.19. -->
SECTION 19. [EFFECTIVE UPON PASSAGE]
There is
appropriated from the fees collected under IC 22-11-14-11, as
added by this act, one million dollars ($1,000,000) to the
department of homeland security to provide regional training for
public safety service providers or advanced training programs
during the period beginning July 1, 2006, and ending June 30,
2007. Funds appropriated by this SECTION may be allotted by
the budget agency after review by the budget committee.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1099 as reprinted February 3, 2006.)
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 2.
____________________________________
Kenley
CR109901/DI 44 2006