| 1 | + | *EH1106.2* |
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| 2 | + | Reprinted |
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| 3 | + | February 23, 2024 |
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| 4 | + | ENGROSSED |
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| 5 | + | HOUSE BILL No. 1106 |
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| 6 | + | _____ |
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| 7 | + | DIGEST OF HB 1106 (Updated February 22, 2024 4:00 pm - DI 116) |
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| 8 | + | Citations Affected: IC 22-12; IC 22-15. |
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| 9 | + | Synopsis: Regulated amusement devices. Provides that the department |
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| 10 | + | of homeland security (department) shall not inspect, and operating |
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| 11 | + | permits are not required for, certain regulated amusement devices. |
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| 12 | + | Provides that the department may perform an inspection of an |
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| 13 | + | exempted regulated amusement device only if a valid complaint or |
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| 14 | + | incident is reported to the department concerning the regulated |
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| 15 | + | amusement device. |
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| 16 | + | Effective: July 1, 2024. |
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| 17 | + | Culp, Aylesworth, Bartels, Cherry |
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| 18 | + | (SENATE SPONSORS — BYRNE, GARTEN) |
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| 19 | + | January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public |
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| 20 | + | Safety. |
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| 21 | + | January 29, 2024, amended, reported — Do Pass. |
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| 22 | + | January 31, 2024, read second time, ordered engrossed. Engrossed. |
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| 23 | + | February 1, 2024, read third time, passed. Yeas 87, nays 9. |
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| 24 | + | SENATE ACTION |
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| 25 | + | February 12, 2024, read first time and referred to Committee on Homeland Security and |
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| 26 | + | Transportation. |
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| 27 | + | February 20, 2024, reported favorably — Do Pass. |
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| 28 | + | February 22, 2024, read second time, amended, ordered engrossed. |
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| 29 | + | EH 1106—LS 6794/DI 116 Reprinted |
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| 30 | + | February 23, 2024 |
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14 | | - | SECTION 1. IC 22-12-1-23, AS AMENDED BY P.L.160-2009, |
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15 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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16 | | - | JULY 1, 2024]: Sec. 23. "Regulated place of amusement or |
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17 | | - | entertainment" refers to the following: |
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18 | | - | (1) A theater, opera house, movie theater, dance hall, night club |
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19 | | - | with a stage or floor show, or another place that offers an |
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20 | | - | amusement or entertainment to the public for consideration or |
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21 | | - | promotional purposes. |
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22 | | - | (2) A place where a boxing, sparring, or unarmed combat match |
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23 | | - | or exhibition is conducted under the supervision of the state |
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24 | | - | athletic commission. |
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25 | | - | (3) A hall, gymnasium, or place of assembly where a school, |
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26 | | - | college, university, social or fraternal organization, lodge, farmers |
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27 | | - | organization, society, labor union, trade association, or church |
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28 | | - | holds any type of amusement. |
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29 | | - | (4) A public or private place where a regulated amusement device |
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30 | | - | is operated, excluding devices described in IC 22-15-7-0.6. |
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31 | | - | SECTION 2. IC 22-15-7-0.6 IS ADDED TO THE INDIANA CODE |
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32 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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33 | | - | 1, 2024]: Sec. 0.6. (a) Except as provided in subsection (c), the |
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34 | | - | department shall not inspect, and operating permits are not |
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35 | | - | required for, the following regulated amusement devices: |
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36 | | - | HEA 1106 — Concur 2 |
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37 | | - | (1) A barrel train pulled by a garden tractor or a rubber tired |
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38 | | - | farm tractor propelled by a motor of not more than forty (40) |
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39 | | - | horsepower. |
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40 | | - | (2) A regulated amusement device exempt from the operating |
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41 | | - | permit and inspection requirements by a rule of the |
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42 | | - | commission. |
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43 | | - | (b) A regulated amusement device covered by this section shall |
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44 | | - | comply with all other requirements applicable to regulated |
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45 | | - | amusement devices under this chapter. |
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46 | | - | (c) The department may perform an inspection of a regulated |
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47 | | - | amusement device covered by this section only if a valid complaint |
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48 | | - | or incident is reported to the department concerning the regulated |
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49 | | - | amusement device. |
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50 | | - | HEA 1106 — Concur Speaker of the House of Representatives |
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51 | | - | President of the Senate |
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52 | | - | President Pro Tempore |
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53 | | - | Governor of the State of Indiana |
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54 | | - | Date: Time: |
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55 | | - | HEA 1106 — Concur |
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| 46 | + | 1 SECTION 1. IC 22-12-1-23, AS AMENDED BY P.L.160-2009, |
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| 47 | + | 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 48 | + | 3 JULY 1, 2024]: Sec. 23. "Regulated place of amusement or |
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| 49 | + | 4 entertainment" refers to the following: |
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| 50 | + | 5 (1) A theater, opera house, movie theater, dance hall, night club |
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| 51 | + | 6 with a stage or floor show, or another place that offers an |
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| 52 | + | 7 amusement or entertainment to the public for consideration or |
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| 53 | + | 8 promotional purposes. |
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| 54 | + | 9 (2) A place where a boxing, sparring, or unarmed combat match |
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| 55 | + | 10 or exhibition is conducted under the supervision of the state |
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| 56 | + | 11 athletic commission. |
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| 57 | + | 12 (3) A hall, gymnasium, or place of assembly where a school, |
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| 58 | + | 13 college, university, social or fraternal organization, lodge, farmers |
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| 59 | + | 14 organization, society, labor union, trade association, or church |
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| 60 | + | 15 holds any type of amusement. |
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| 61 | + | 16 (4) A public or private place where a regulated amusement device |
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| 62 | + | 17 is operated, excluding devices described in IC 22-15-7-0.6. |
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| 63 | + | EH 1106—LS 6794/DI 116 2 |
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| 64 | + | 1 SECTION 2. IC 22-15-7-0.6 IS ADDED TO THE INDIANA CODE |
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| 65 | + | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 66 | + | 3 1, 2024]: Sec. 0.6. (a) Except as provided in subsection (c), the |
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| 67 | + | 4 department shall not inspect, and operating permits are not |
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| 68 | + | 5 required for, the following regulated amusement devices: |
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| 69 | + | 6 (1) A barrel train pulled by a garden tractor or a rubber tired |
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| 70 | + | 7 farm tractor propelled by a motor of not more than forty (40) |
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| 71 | + | 8 horsepower. |
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| 72 | + | 9 (2) A regulated amusement device exempt from the operating |
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| 73 | + | 10 permit and inspection requirements by a rule of the |
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| 74 | + | 11 commission. |
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| 75 | + | 12 (b) A regulated amusement device covered by this section shall |
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| 76 | + | 13 comply with all other requirements applicable to regulated |
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| 77 | + | 14 amusement devices under this chapter. |
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| 78 | + | 15 (c) The department may perform an inspection of a regulated |
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| 79 | + | 16 amusement device covered by this section only if a valid complaint |
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| 80 | + | 17 or incident is reported to the department concerning the regulated |
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| 81 | + | 18 amusement device. |
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| 82 | + | EH 1106—LS 6794/DI 116 3 |
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| 83 | + | COMMITTEE REPORT |
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| 84 | + | Mr. Speaker: Your Committee on Veterans Affairs and Public |
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| 85 | + | Safety, to which was referred House Bill 1106, has had the same under |
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| 86 | + | consideration and begs leave to report the same back to the House with |
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| 87 | + | the recommendation that said bill be amended as follows: |
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| 88 | + | Delete everything after the enacting clause and insert the following: |
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| 89 | + | (SEE TEXT OF BILL) |
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| 90 | + | and when so amended that said bill do pass. |
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| 91 | + | (Reference is to HB 1106 as introduced.) |
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| 92 | + | BARTELS |
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| 93 | + | Committee Vote: yeas 11, nays 0. |
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| 94 | + | _____ |
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| 95 | + | COMMITTEE REPORT |
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| 96 | + | Madam President: The Senate Committee on Homeland Security |
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| 97 | + | and Transportation, to which was referred House Bill No. 1106, has |
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| 98 | + | had the same under consideration and begs leave to report the same |
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| 99 | + | back to the Senate with the recommendation that said bill DO PASS. |
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| 100 | + | (Reference is to HB 1106 as printed January 29, 2024.) |
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| 101 | + | |
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| 102 | + | CRIDER, Chairperson |
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| 103 | + | Committee Vote: Yeas 8, Nays 0 |
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| 104 | + | _____ |
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| 105 | + | SENATE MOTION |
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| 106 | + | Madam President: I move that Engrossed House Bill 1106 be |
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| 107 | + | amended to read as follows: |
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| 108 | + | Page 2, line 4, after "inspect" insert ",". |
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| 109 | + | Page 2, line 5, after "for" insert ",". |
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| 110 | + | Page 2, line 6, delete "to" and insert "or". |
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| 111 | + | Page 2, line 14, delete "in" and insert "under". |
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| 112 | + | (Reference is to EHB 1106 as printed February 21, 2024.) |
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| 113 | + | BYRNE |
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| 114 | + | EH 1106—LS 6794/DI 116 |
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