Indiana 2024 Regular Session

Indiana House Bill HB1019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1019.1~~
2		-	~~January 30, 2024~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1019
4	4		_____
5		-	DIGEST OF ~~HB 1019 (Updated January 30, 2024 10:50 am - DI 140)~~
6		-	Citations Affected: IC 16-20; IC 16-22; IC 16-42; ~~IC 32-25.5;~~
7		-	IC 36-1.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 16-20-1-31; IC 16-22-8-60; IC 16-42-5.2-3;
	7	+	IC 32-25.5-3-12; IC 36-1-31.
8	8		Synopsis: Child operated refreshment stands. Provides that a local
9	9		health department, the health and hospital corporation of Marion
10	10		County, a county, a municipality, or a township may not adopt or
11	11		enforce a law, rule, ordinance, or resolution that prohibits or regulates,
12	12		including by requiring a license, permit, or fee, the sale of lemonade or
13	13		other nonalcoholic beverages from a stand on private property by an
14	14		individual who is less than 18 years of age. Provides that the individual
15	15		who operates the stand must comply with certain requirements.
16	16		Provides that a stand is not considered a food establishment and does
17	17		not require a certified food protection manager. Provides that the
18	18		governing documents of a homeowners association may not prohibit or
19	19		regulate, including by requiring a permit or fee, the sale of lemonade
20	20		or other nonalcoholic beverages from a stand on property located in the
21	21		subdivision by an individual who is less than 18 years of age. Provides
22	22		that a homeowners association: (1) does not owe a duty of care to
23	23		persons participating in a beverage sale; and (2) is not liable for any
24	24		injury to persons participating in a beverage sale; except for willful or
25	25		wanton acts or gross negligence of the homeowners association.
26	26		Effective: July 1, 2024.
27		-	Johnson B, Pressel, King~~, Morris~~
	27	+	Johnson B, Pressel, King
28	28		January 8, 2024, read first time and referred to Committee on Public Health.
29		-	January 16, 2024, reassigned to Committee on Commerce, Small Business and Economic
30		-	Development.
31		-	January 30, 2024, reported — Do Pass.
32		-	HB 1019—LS 6119/DI 147 January 30, 2024
	29	+	2024 IN 1019—LS 6119/DI 147 Introduced
33	30		Second Regular Session of the 123rd General Assembly (2024)
34	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
36	33		additions will appear in this style type, and deletions will appear in this style type.
37	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	35		provision adopted), the text of the new provision will appear in this style type. Also, the
39	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	37		a new provision to the Indiana Code or the Indiana Constitution.
41	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	39		between statutes enacted by the 2023 Regular Session of the General Assembly.
43	40		HOUSE BILL No. 1019
44	41		A BILL FOR AN ACT to amend the Indiana Code concerning
45	42		health.
46	43		Be it enacted by the General Assembly of the State of Indiana:
47	44		1 SECTION 1. IC 16-20-1-31 IS ADDED TO THE INDIANA CODE
48	45		2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
49	46		3 1, 2024]: Sec. 31. (a) Notwithstanding any other law, a local health
50	47		4 department may not adopt or enforce a law, rule, ordinance, or
51	48		5 resolution that prohibits or regulates, including by requiring a
52	49		6 license, permit, or fee, the sale of lemonade or other nonalcoholic
53	50		7 beverages from a stand on private property by an individual who
54	51		8 is less than eighteen (18) years of age.
55	52		9 (b) A stand that provides the sale of lemonade or other
56	53		10 nonalcoholic beverages on private property by an individual who
57	54		11 is less than eighteen (18) years of age and complies with the
58	55		12 requirements of this section is not a food establishment for
59	56		13 purposes of IC 16-42-5.
60	57		14 (c) An individual who sells lemonade or other nonalcoholic
61	58		15 beverages from a stand, as allowed under subsection (a), must
62	59		16 comply with the following:
63	60		17 (1) If the stand is on private property, obtain the permission
64		-	HB 1019—LS 6119/DI 147 2
	61	+	2024 IN 1019—LS 6119/DI 147 2
65	62		1 of the owner, tenant, or lessee of the private property.
66	63		2 (2) Not operate the stand on more than two (2) consecutive
67	64		3 days nor operate more than eight (8) days in a thirty (30) day
68	65		4 period.
69	66		5 SECTION 2. IC 16-22-8-60 IS ADDED TO THE INDIANA CODE
70	67		6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
71	68		7 1, 2024]: Sec. 60. (a) Notwithstanding any other law, the
72	69		8 corporation may not adopt or enforce a law, rule, ordinance, or
73	70		9 resolution that prohibits or regulates, including by requiring a
74	71		10 license, permit, or fee, the sale of lemonade or other nonalcoholic
75	72		11 beverages from a stand on private property by an individual who
76	73		12 is less than eighteen (18) years of age.
77	74		13 (b) A stand that provides the sale of lemonade or other
78	75		14 nonalcoholic beverages on private property by an individual who
79	76		15 is less than eighteen (18) years of age and complies with the
80	77		16 requirements of this section is not a food establishment for
81	78		17 purposes of IC 16-42-5.
82	79		18 (c) An individual who sells lemonade or other nonalcoholic
83	80		19 beverages from a stand, as allowed under subsection (a), must
84	81		20 comply with the following:
85	82		21 (1) If the stand is on private property, obtain the permission
86	83		22 of the owner, tenant, or lessee of the private property.
87	84		23 (2) Not operate the stand on more than two (2) consecutive
88	85		24 days nor operate more than eight (8) days in a thirty (30) day
89	86		25 period.
90	87		26 SECTION 3. IC 16-42-5.2-3, AS AMENDED BY P.L.139-2005,
91	88		27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92	89		28 JULY 1, 2024]: Sec. 3. This chapter does not apply to the following:
93	90		29 (1) Hospitals licensed under IC 16-21.
94	91		30 (2) Health facilities licensed under IC 16-28.
95	92		31 (3) Housing with services establishments that are required to file
96	93		32 disclosure statements under IC 12-10-15.
97	94		33 (4) Continuing care retirement communities required to file
98	95		34 disclosure statements under IC 23-2-4.
99	96		35 (5) Community mental health centers (as defined in
100	97		36 IC 12-7-2-38).
101	98		37 (6) Private mental health institutions licensed under IC 12-25.
102	99		38 (7) An area agency on aging designated under IC 12-10-1 that
103	100		39 provides food under a nutrition service program. However, the
104	101		40 premises where the food is prepared is not exempt from the
105	102		41 requirements under this chapter.
106	103		42 (8) A food pantry that:
107		-	HB 1019—LS 6119/DI 147 3
	104	+	2024 IN 1019—LS 6119/DI 147 3
108	105		1 (A) is operated or affiliated with a nonprofit organization that
109	106		2 is exempt from federal income taxation under Section
110	107		3 501(c)(3) of the Internal Revenue Code; and
111	108		4 (B) distributes food, which may include food from the United
112	109		5 States Department of Agriculture, to needy persons.
113	110		6 However, a food bank or other facility that distributes donated
114	111		7 food to other organizations is not exempt from the requirements
115	112		8 of this chapter.
116	113		9 (9) A lemonade or other nonalcoholic beverage stand as
117	114		10 described in IC 16-20-1-31 or IC 16-22-8-60.
118	115		11 SECTION 4. IC 32-25.5-3-12 IS ADDED TO THE INDIANA
119	116		12 CODE AS A NEW SECTION TO READ AS FOLLOWS
120	117		13 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The governing documents
121	118		14 may not prohibit or regulate, including by requiring a permit or
122	119		15 fee, the sale of lemonade or other nonalcoholic beverages from a
123	120		16 stand on private property located in the subdivision by an
124	121		17 individual who is less than eighteen (18) years of age.
125	122		18 (b) An individual who sells lemonade or other nonalcoholic
126	123		19 beverages from a stand, as allowed under subsection (a), must
127	124		20 comply with the following:
128	125		21 (1) If the stand is on private property, obtain the permission
129	126		22 of the owner, tenant, or lessee of the private property in the
130	127		23 subdivision.
131	128		24 (2) Unless allowed by the governing documents, not operate
132	129		25 the stand on more than two (2) consecutive days nor operate
133	130		26 more than eight (8) days in a thirty (30) day period.
134	131		27 (c) A homeowners association:
135	132		28 (1) does not owe a duty of care to persons participating in a
136	133		29 beverage sale described in subsection (a); and
137	134		30 (2) is not liable for any injury to persons participating in a
138	135		31 beverage sale described in subsection (a);
139	136		32 except for willful or wanton acts or gross negligence of the
140	137		33 homeowners association.
141	138		34 SECTION 5. IC 36-1-31 IS ADDED TO THE INDIANA CODE AS
142	139		35 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
143	140		36 1, 2024]:
144	141		37 Chapter 31. Children's Lemonade and Beverage Stands
145	142		38 Sec. 1. Notwithstanding any other law, a unit may not adopt or
146	143		39 enforce a law, rule, ordinance, or resolution that prohibits or
147	144		40 regulates, including by requiring a license, permit, or fee, the sale
148	145		41 of lemonade or other nonalcoholic beverages from a stand on
149	146		42 private property by an individual who is less than eighteen (18)
150		-	HB 1019—LS 6119/DI 147 4
	147	+	2024 IN 1019—LS 6119/DI 147 4
151	148		1 years of age.
152	149		2 Sec. 2. An individual who sells lemonade or other nonalcoholic
153	150		3 beverages from a stand, as allowed under section 1 of this chapter,
154	151		4 must comply with the following:
155	152		5 (1) If the stand is on private property, obtain the permission
156	153		6 of the owner, tenant, or lessee of the private property.
157	154		7 (2) Not operate the stand on more than two (2) consecutive
158	155		8 days nor operate more than eight (8) days in a thirty (30) day
159	156		9 period.
160		-	HB 1019—LS 6119/DI 147 5
161		-	COMMITTEE REPORT
162		-	Mr. Speaker: Your Committee on Commerce, Small Business and
163		-	Economic Development, to which was referred House Bill 1019, has
164		-	had the same under consideration and begs leave to report the same
165		-	back to the House with the recommendation that said bill do pass.
166		-	(Reference is to HB 1019 as introduced.)
167		-	MORRIS
168		-	Committee Vote: Yeas 11, Nays 0
169		-	HB 1019—LS 6119/DI 147
	157	+	2024 IN 1019—LS 6119/DI 147