HB1042

Intent to sell sexually explicit materials. (Goodin, Steele)

Digest

Requires a person that intends to offer for sale or sell sexually explicit materials to register and file a statement with the secretary of state. Imposes a $250 filing fee and requires the secretary of state to notify certain local officials of the county in which the person locates the business. Provides that a person that offers for sale or sells sexually explicit materials without registering and filing the statement commits a Class B misdemeanor.

HB1052

Motorist duties at an accident and operating while intoxicated. (Neese, Riegsecker)

Digest

Requires an examination for a learner's permit to test the applicant's knowledge of the duty to stop and provide assistance. Provides that the law requiring a driver involved in an accident to stop at the accident scene, notify the appropriate law enforcement agency, and render reasonable assistance applies if the accident results in the entrapment of a person in a vehicle. (Under current law, the law applies only if the accident results in the injury or death of a person.) Provides that if the driver is physically incapable of notifying the appropriate law enforcement agency or rendering reasonable assistance, the duty to notify or to render reasonable assistance is imposed on a passenger in the driver's vehicle who is capable of discharging the duty if the passenger is: (1) at least 15 years of age and holds a learner's permit or driver's license; or (2) at least 18 years of age. Provides that a passenger commits a Class C misdemeanor if the passenger fails to notify or to render reasonable assistance when the duty is imposed upon the passenger. Provides that a person who knowingly, intentionally, or recklessly violates the law requiring a driver or a passenger to take certain actions at the scene of an accident commits a Class C misdemeanor, and provides that a passenger is immune from civil liability for providing emergency care. Specifies that felony resisting law enforcement and operating while intoxicated (OWI) causing serious bodily injury are crimes of violence. Makes OWI committed by a person with a previous conviction for OWI causing death, serious bodily injury, or with a minor in the vehicle a Class C felony. Permits a court to require a license suspension imposed as the result of a conviction for operating while intoxicated to be imposed before or after, or both before and after, any period of incarceration. Makes leaving the scene of an accident after committing operating while intoxicated causing serious bodily injury a Class B felony.

HB1118

Alcoholic beverages. (VanHaaften, Riegsecker, Weatherwax)

Digest

Defines "grocery store". Allows the alcohol and tobacco commission (commission) to renew or transfer ownership of a beer dealer's permit for a beer dealer who: (1) held a permit before July 1, 2008; and (2) has retail property that does not qualify for a permit as a grocery store. Requires the commission to: (1) conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed; and (2) provide notice of a pending investigation at least 15 days before the investigation. (Current law requires 30 days.) Allows a person at least 18 years of age and less than 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Changes the quota provision for liquor dealers and beer dealers. Provides for graduated civil penalties against a permittee for repeat violations of furnishing alcohol to a minor on the licensed premises and for the collected penalties to be deposited in the enforcement and administration fund. Provides that civil penalties for violations of tobacco laws concerning sales to minors and allowing minors to enter into certain tobacco retail establishments are the same as penalties for selling alcohol to minors. Requires a member of a local alcoholic beverage board (local board) to complete a training program to educate the member on alcoholic beverage law and the operation of the local board and the commission. Requires a local board member to be removed if the member does not complete the training within six months after the member is appointed. Provides that members appointed before January 1, 2009, have until July 1, 2009, to receive training. Requires a local board to allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. Allows a local board to give greater weight to oral comments provided by a person who owns or operates a business, owns real property, or resides within 1,000 feet of the requested location of an alcoholic beverage permit. Removes the limits on the number of guests and duration of an event where an excursion and adjacent landsite permit holder provides alcoholic beverages to guests without charge. Requires the commission to give notice: (1) by mail to the local board if an objection has been filed and of the date of any appeal hearing set by the commission; and (2) by publication of the date of any appeal hearing set by the commission. Allows a small brewery to sell and deliver beer to a consumer. Removes a provision that allows a large brewery to sell and deliver beer to a consumer. Prohibits a beer wholesaler from selling beer to a consumer other than an employee. Allows liquor retailers and liquor dealers to provide six ounce samples of flavored malt beverages and hard cider. Allows a liquor wholesaler to sell liquor in an amount not to exceed 18 liters to an employee of the liquor wholesaler. Establishes requirements for a wine wholesaler to resell wine purchased at an estate sale. Provides a wholesaler with immunity from product liability for wine that was purchased at an estate sale. Prohibits a permittee from knowingly or intentionally coercing another permittee to enter into an agreement or take an action that violates the alcoholic beverage statutes and rules. (Current law prohibits only a primary source of supply or a beer wholesaler from coercing a beer wholesaler.) Provides that if a beer wholesaler's warehouse is transferred, the warehouse does not have to be transferred to a location within an incorporated area. Requires criteria, established jointly by the Indiana department of transportation and the office of tourism development, for tourist attraction signage to include a category for a tourist attraction that is a small brewery. Requires alcoholic beverage sales in a drug store or grocery store to be rung up by a sales clerk who is at least 19 years of age. Allows the sale of alcoholic beverages on New Year's day for off premises consumption. Allows an outdoor place of public entertainment used primarily in connection with live music concerts to allow a person to enter its establishment with alcoholic beverages and consume the alcoholic beverages on the premises. Provides that the commission has certain powers regarding enforcement of the tobacco laws. Removes a provision that enforcement officers of the commission must be employed so that not more than ? are members of the same political party. Allows the commission to approve trainer programs (to educate individuals on training alcohol servers) by third parties that meet certain requirements. Changes: (1) the term of an employee's permit from two to three years; and (2) the fee to correspond with the term change. Increases the penalty for furnishing an alcoholic beverage to a minor to: (1) a Class B misdemeanor for the first offense; (2) a Class A misdemeanor for a subsequent offense; and (3) a Class D felony if the illegal furnishing of the alcoholic beverage results in serious bodily injury to or the death of any person. Provides that a violation occurs if a person recklessly, knowingly, or intentionally furnishes an alcoholic beverage to a minor. (Current law provides that a violation occurs if a person recklessly furnishes an alcoholic beverage to a minor.) Requires tobacco vending machines and establishments that sell tobacco to post a notice that: (1) states that smoking by pregnant women may result in fetal injury, premature birth, and low birth weight; and (2) provides a phone number for assistance to quit smoking. Makes it a Class C misdemeanor for a minor to make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to an alcoholic beverage permittee for the purpose of procuring an alcoholic beverage. (Under current law, the offense is a Class C infraction.) Establishes a two year study committee to study certain alcoholic beverage issues. Extends the implementation of the alcohol server training requirements to January 2010. Makes conforming changes.

HB1120

Prohibitions on certain detergents. (Dembowski, R. Meeks)

Digest

Eliminates the exemption of detergents for use in household dishwashing machine equipment from the restrictions on use, sale, and disposition of certain detergents after June 30, 2010.

HB1153

Gaming. (Tyler, R. Meeks)

Digest

Specifies that type II gaming may be conducted by taverns that are issued a retailer's endorsement that is affixed to the tavern owner's alcoholic beverage permit. Specifies that the alcohol and tobacco commission administers type II gaming. Provides that the authorized sale of pull tabs, punchboards, and tip boards is exempt from the state gross retail tax. Provides that fees and civil penalties must be deposited into the excise enforcement and administration fund. Provides that excise taxes must be deposited into the state general fund. Requires the Indiana gaming commission to adopt rules to establish the manner in which a qualified organization may supervise certain euchre games. Provides that a patron who deals the cards in a euchre game is not considered to be a worker or an operator for purposes of the charity gaming law. Requires a qualified organization to designate an individual to serve as the operator of a charity gaming event. Provides that a qualified organization holding an annual raffle license may conduct raffles at any time during a period of one year. Authorizes certain qualified organizations to conduct winner take all drawings under a PPT license. Specifies that certain slot machine revenues paid to horsemen's associations may not be used for political contributions or lobbying.

HB1187

Nonprofit corporations. (L. Lawson, Lawson)

Digest

Provides that notice given by a nonprofit corporation (corporation) is fair and reasonable if the corporation provides notice by: (1) communicating in person; (2) mail or other method of delivery; or (3) other electronic means capable of verification. Requires a corporation to maintain a notice in a record unless the notice was given orally. Establishes when notice is effective. Requires a corporation to retain ballots for a certain period. Establishes circumstances under which contracts or transactions that involve conflicting interests of members, directors, members of a designated body, or officers are not void or voidable. (Current law establishes the circumstances under which contracts or transactions that involve conflicting interests of directors are not void or voidable.) Amends provisions that restrict certain actions by committees of directors. Allows: (1) boards of directors; and (2) members present at a committee meeting; to appoint alternate members of a committee. Allows corporations to create or authorize the creation of advisory committees. Provides that a constituent of a business entity and the business entity are presumed to have agreed to conduct certain actions electronically unless conducting the actions electronically is prohibited by the governing documents of the business entity or an express statement by the business entity. Establishes certain guidelines for the use of electronic records or electronic signatures. Makes other changes and conforming amendments. Repeals a provision that is replaced concerning conflicting interest contracts or transactions.

HB1219

Unemployment insurance. (Tyler, Kruse)

Digest

Excludes from remuneration of services, for the purpose of determining income that is deductible from unemployment insurance benefits, compensation made by a valid negotiated contract or agreement in connection with a layoff or plant closure, without regard to how the compensation is characterized by the contract or agreement. Excludes from deductible income a supplemental unemployment insurance benefit made under a valid negotiated contract or agreement. Includes in deductible income, for the purpose of determining an individual's unemployment insurance benefits, for a week in which a payment is actually received by an individual, payments made by an employer to an individual who accepts an offer from the employer in connection with a layoff or a plant closure. Includes in deductible income a portion of certain payments made by an employer to an individual in connection with a layoff or a plant closure, if the portion is attributable to a week and the week: (1) occurs after an individual receives the payment; and (2) was used under the terms of a written agreement to compute the payment. Specifies that a person, excluding a person who elects to retire in connection with a layoff or plant closure and receive pension, retirement, or annuity payments, who: (1) accepts an offer of payment or other compensation offered by an employer to avert or lessen the effect of a layoff or plant closure; and (2) otherwise meets the eligibility requirements; is entitled to receive unemployment insurance benefits in the same amounts, under the same terms, and subject to the same conditions as any other unemployed person. Authorizes payment to certain state educational institutions for specific training programs from the special employment and training services fund. Allows the department of workforce development to operate a data match system with financial institutions doing business in Indiana for use only in the collection of unpaid final assessments of employer contributions for the state's unemployment insurance system. Makes conforming amendments.

HB1250

Local government finance. (Klinker, Hershman)

Digest

Changes the distribution of the Tippecanoe County innkeeper's tax. Establishes an advisory commission to make recommendations concerning the use of any proceeds of bonds issued to finance the development of Prophetstown State Park. Specifies that the Indiana finance authority, in its capacity as the recreational development commission, may issue bonds for the development of Prophetstown State Park. Requires the bureau of motor vehicles to design the Indiana Native American trust license plate with the advice of the Native American Indian affairs commission (NAIAC). Provides that money in the Indiana Native American trust fund must be paid to Historic Prophetstown through 2008 and to the NAIAC beginning in 2009. Authorizes Steuben County to impose a 1% food and beverage tax. Provides that: (1) half of the tax revenue is retained by the county; and (2) the other half of the revenue is distributed to the city of Angola.

SB0028

Fire safe cigarettes. (Drozda, C. Brown)

Digest

Establishes reduced ignition propensity standards for cigarettes. Authorizes the state fire marshal, the department of state revenue, and the alcohol and tobacco commission to monitor and enforce the standards. Provides for certification fees and penalties. Establishes: (1) the reduced ignition propensity standards for cigarettes fund; and (2) the fire prevention and public safety fund.

SB0107

Wine sales. (Becker, Riegsecker, VanHaaften)

Digest

Increases the limit on annual wine sales in Indiana from five hundred thousand (500,000) to one million (1,000,000) gallons for farm winery and direct wine seller permit holders. Provides that the alcohol and tobacco commission (commission) may issue a direct wine seller's permit to an applicant who: (1) has not distributed wine through a wine wholesaler within 120 days immediately preceding the applicant's application and does not distribute wine through a wine wholesaler during the term of the permit; or (2) has operated as a farm winery. (Current law provides that the commission may issue a permit to an applicant who has not distributed through a wine wholesaler within 120 days immediately preceding the applicant's initial application or has operated as a farm winery.) Allows an instructor teaching class on wine appreciation at an accredited college or university to purchase, acquire, possess, and dispense wine for educational purposes within the class without an alcoholic beverage permit.

SB0208

Tax payments. (Tallian, E. Harris)

Digest

Allows a county after June 30, 2009, to authorize county taxpayers to pay property taxes by automatic deduction from a checking account. Provides that after June 30, 2009, a county council may authorize the payment of property taxes by a monthly installment plan (in addition to the option of authorizing payments by automatic deductions from a checking account). Specifies that in the case of a taxpayer that pays property taxes by automatic deductions, the payment is deducted from the taxpayer's checking account on a date chosen by the taxpayer. Specifies that if a taxpayer makes automatic monthly deductions or monthly installments of property taxes in the amount determined by the county treasurer, the taxpayer's property tax payments shall not be considered delinquent and the taxpayer is not subject to penalties.

SB0219

Lactation support in the workplace. (Simpson, Welch)

Digest

Provides that the state and political subdivisions: (1) shall provide for reasonable paid breaks for an employee to express breast milk for the employee's infant child; (2) must make reasonable efforts to provide a room or other location in close proximity to the work area where the employee can express the employee's breast milk in privacy; and (3) must make reasonable efforts to provide for a refrigerator or other cold storage for keeping breast milk that has been expressed. Provides that other employers that employ 25 or more individuals, to the extent reasonably possible, must provide: (1) a private location for an employee to express the employee's breast milk during any period away from the employee's assigned duties; and (2) a refrigerator or other cold storage space, or allow the employee to provide the employee's own portable storage device, for keeping the expressed milk until the end of the employee's work day. Provides that, except in case of willful misconduct, gross negligence, or bad faith, an employer is not liable for any harm caused by or arising from: (1) the expressing of an employee's breast milk; or (2) the storage of expressed milk; on the employer's premises.