Indiana 2024 Regular Session

Indiana Senate Bill SB0149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0149.1
	2	+	February 27, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 149
	5	+	_____
	6	+	DIGEST OF SB 149 (Updated February 27, 2024 11:41 am - DI 144)
	7	+	Citations Affected: IC 7.1-3; IC 7.1-5; IC 35-46.
	8	+	Synopsis: Tobacco. Prohibits a retail establishment from holding more
	9	+	than one active tobacco sales certificate (certificate) for a retail location
	10	+	at any time. Prohibits the alcohol and tobacco commission
	11	+	(commission) from issuing a certificate to certain persons. Provides
	12	+	that, if a majority interest in a business that holds a certificate is sold
	13	+	or transferred: (1) the new ownership must apply for a new certificate;
	14	+	and (2) the certificate and permit number held by the previous
	15	+	ownership are void 90 days after the sale or transfer of the ownership
	16	+	of the business. Specifies that an employee of a certificate holder
	17	+	(employee) must hold a valid: (1) driver's license issued by the state of
	18	+	Indiana or another state; or (2) identification card issued by the state of
	19	+	(Continued next page)
	20	+	Effective: July 1, 2024.
	21	+	Rogers, Freeman, Donato, Alexander
	22	+	(HOUSE SPONSORS — KING, MCNAMARA, MELTZER, CRISWELL)
	23	+	January 9, 2024, read first time and referred to Committee on Corrections and Criminal
	24	+	Law.
	25	+	January 30, 2024, amended, reported favorably — Do Pass.
	26	+	February 1, 2024, read second time, ordered engrossed. Engrossed.
	27	+	February 5, 2024, read third time, passed. Yeas 48, nays 0.
	28	+	HOUSE ACTION
	29	+	February 12, 2024, read first time and referred to Committee on Public Policy.
	30	+	February 27, 2024, amended, reported — Do Pass.
	31	+	ES 149—LS 6715/DI 137 Digest Continued
	32	+	Indiana, another state, or the United States; to sell tobacco products.
	33	+	Requires an employee to have the driver's license, identification card,
	34	+	or a copy of these documents readily available to show an excise officer
	35	+	or law enforcement when selling tobacco products. Allows an
	36	+	employee who is unable to show these documents to provide certain
	37	+	evidence within five days. Permits the commission to impose a civil
	38	+	penalty on the certificate holder if an employee fails to timely produce
	39	+	this evidence. Provides that a person who recklessly, knowingly, or
	40	+	intentionally sells a tobacco product without a valid certificate commits
	41	+	a Class C infraction. Makes it a Class C misdemeanor for a person to
	42	+	operate a tobacco and vaping business within 1,000 feet of school
	43	+	property. Specifies exceptions.
	44	+	ES 149—LS 6715/DI 137ES 149—LS 6715/DI 137 February 27, 2024
1	45		Second Regular Session of the 123rd General Assembly (2024)
2	46		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	47		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	48		additions will appear in this style type, and deletions will appear in this style type.
5	49		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	50		provision adopted), the text of the new provision will appear in this style type. Also, the
7	51		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	52		a new provision to the Indiana Code or the Indiana Constitution.
9	53		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	54		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 149
12		-	AN ACT to amend the Indiana Code concerning alcohol and
13		-	tobacco.
	55	+	ENGROSSED
	56	+	SENATE BILL No. 149
	57	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	58	+	alcohol and tobacco.
14	59		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 7.1-3-18.5-2, AS AMENDED BY P.L.49-2020,
16		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 2. (a) A person who desires a certificate must
18		-	provide the following to the commission:
19		-	(1) The applicant's name and mailing address and the address of
20		-	the premises for which the certificate is being issued.
21		-	(2) Except as provided in section 6(c) of this chapter, a fee of two
22		-	hundred dollars ($200).
23		-	(3) The name under which the applicant transacts or intends to
24		-	transact business.
25		-	(4) The address of the applicant's principal place of business or
26		-	headquarters, if any.
27		-	(5) The statement required under section 2.6 of this chapter.
28		-	(6) If the applicant is applying for a new certificate under
29		-	section 3.2 of this chapter, a copy of each of the following:
30		-	(A) If the new ownership of the business is a business
31		-	entity, the articles of incorporation, articles of
32		-	organization, or any other formation documents of the
33		-	business entity.
34		-	(B) If the new ownership of the business is an individual,
35		-	either:
36		-	SEA 149 — Concur 2
	60	+	1 SECTION 1. IC 7.1-3-18.5-2, AS AMENDED BY P.L.49-2020,
	61	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	62	+	3 JULY 1, 2024]: Sec. 2. (a) A person who desires a certificate must
	63	+	4 provide the following to the commission:
	64	+	5 (1) The applicant's name and mailing address and the address of
	65	+	6 the premises for which the certificate is being issued.
	66	+	7 (2) Except as provided in section 6(c) of this chapter, a fee of two
	67	+	8 hundred dollars ($200).
	68	+	9 (3) The name under which the applicant transacts or intends to
	69	+	10 transact business.
	70	+	11 (4) The address of the applicant's principal place of business or
	71	+	12 headquarters, if any.
	72	+	13 (5) The statement required under section 2.6 of this chapter.
	73	+	14 (6) If the applicant is applying for a new certificate under
	74	+	15 section 3.2 of this chapter, a copy of each of the following:
	75	+	16 (A) If the new ownership of the business is a business
	76	+	17 entity, the articles of incorporation, articles of
	77	+	ES 149—LS 6715/DI 137 2
	78	+	1 organization, or any other formation documents of the
	79	+	2 business entity.
	80	+	3 (B) If the new ownership of the business is an individual,
	81	+	4 either:
	82	+	5 (i) the sales or purchase agreement; or
	83	+	6 (ii) an affidavit signed by the applicant concerning the
	84	+	7 sale or purchase, on a form prescribed by the
	85	+	8 commission, that includes the name and address of the
	86	+	9 seller and purchaser.
	87	+	10 (C) The certificate held by the previous ownership of the
	88	+	11 business.
	89	+	12 (b) A separate certificate is required for each location where the
	90	+	13 tobacco products or electronic cigarettes are sold or distributed. A
	91	+	14 retail establishment may not hold more than one (1) active tobacco
	92	+	15 sales certificate for a retail location at any time.
	93	+	16 (c) A certificate holder shall conspicuously display the holder's
	94	+	17 certificate on the holder's premises where the tobacco products or
	95	+	18 electronic cigarettes are sold or distributed.
	96	+	19 (d) Any intentional misstatement or suppression of a material fact
	97	+	20 in an application filed under this section constitutes grounds for denial
	98	+	21 of the certificate.
	99	+	22 (e) A certificate may be issued only to a person who meets the
	100	+	23 following requirements:
	101	+	24 (1) If the person is an individual, the person must be at least
	102	+	25 twenty-one (21) years of age.
	103	+	26 (2) The person must be authorized to do business in Indiana.
	104	+	27 (3) The person has not had an interest in a certificate revoked by
	105	+	28 the commission for that business location within the preceding
	106	+	29 one (1) year.
	107	+	30 (f) The fees collected under this section shall be deposited in the
	108	+	31 enforcement and administration fund under IC 7.1-4-10.
	109	+	32 SECTION 2. IC 7.1-3-18.5-2.4 IS ADDED TO THE INDIANA
	110	+	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
	111	+	34 [EFFECTIVE JULY 1, 2024]: Sec. 2.4. (a) Subject to available
	112	+	35 resources, the commission shall not issue a tobacco sales certificate,
	113	+	36 except as otherwise authorized in this title and subject to the other
	114	+	37 restrictions contained in this title, to the following persons:
	115	+	38 (1) A person who does not have lawful status (as defined in
	116	+	39 IC 9-13-2-92.3).
	117	+	40 (2) A person who has been convicted within five (5) years
	118	+	41 before the date of application of:
	119	+	42 (A) a federal crime having a sentence of at least one (1)
	120	+	ES 149—LS 6715/DI 137 3
	121	+	1 year;
	122	+	2 (B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony;
	123	+	3 or
	124	+	4 (C) a crime in a state other than Indiana having a penalty
	125	+	5 equal to the penalty for an Indiana Level 1, Level 2, Level
	126	+	6 3, Level 4, or Level 5 felony.
	127	+	7 However, this subdivision does not apply to a conviction that
	128	+	8 has been expunged under IC 35-38-9.
	129	+	9 (3) A person who does not meet at least one (1) of the
	130	+	10 following descriptions:
	131	+	11 (A) The person owns the premises to which the certificate
	132	+	12 will be applicable.
	133	+	13 (B) The person has a valid lease on the premises:
	134	+	14 (i) at the time of the application for a certificate; and
	135	+	15 (ii) for the duration of the period in which the person
	136	+	16 sells or distributes in the manner described in section 1
	137	+	17 of this chapter.
	138	+	18 (C) The person has a franchise agreement with a
	139	+	19 franchisor:
	140	+	20 (i) that owns the premises to which the certificate will be
	141	+	21 applicable; or
	142	+	22 (ii) that has a bona fide lease on the premises for the full
	143	+	23 period for which the certificate is to be issued.
	144	+	24 (4) A person whose place of business is conducted by a
	145	+	25 manager or agent, unless the manager or agent possesses the
	146	+	26 same qualifications required for the issuance of a tobacco
	147	+	27 sales certificate to the person.
	148	+	28 (5) A minor.
	149	+	29 (6) A person non compos mentis.
	150	+	30 (7) A person who has held a permit or certificate under this
	151	+	31 title and who has had that permit or certificate revoked
	152	+	32 within one (1) year prior to the date of application for a
	153	+	33 tobacco sales certificate.
	154	+	34 (8) A person who has made an application for a permit or
	155	+	35 certificate of any type under this title which has been denied
	156	+	36 less than one (1) year prior to the person's application for a
	157	+	37 tobacco sales certificate unless the first application was denied
	158	+	38 by reason of a procedural or technical defect.
	159	+	39 (b) Subsection (a)(5) does not prevent a minor from being a
	160	+	40 stockholder in a corporation.
	161	+	41 SECTION 3. IC 7.1-3-18.5-3.2 IS ADDED TO THE INDIANA
	162	+	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
	163	+	ES 149—LS 6715/DI 137 4
	164	+	1 [EFFECTIVE JULY 1, 2024]: Sec. 3.2. If the majority of the
	165	+	2 ownership of a business that is a certificate holder is sold or
	166	+	3 transferred:
	167	+	4 (1) the new ownership of the business must apply for a new
	168	+	5 certificate under section 2 of this chapter; and
	169	+	6 (2) the certificate and the permit number held by the previous
	170	+	7 ownership of the business are void ninety (90) days after the
	171	+	8 date of the sale or transfer of the ownership of the business.
	172	+	9 SECTION 4. IC 7.1-3-18.5-9.2 IS ADDED TO THE INDIANA
	173	+	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
	174	+	11 [EFFECTIVE JULY 1, 2024]: Sec. 9.2. (a) An employee of a
	175	+	12 certificate holder must hold a valid:
	176	+	13 (1) driver's license issued by the state of Indiana or another
	177	+	14 state; or
	178	+	15 (2) identification card issued by the state of Indiana, another
	179	+	16 state, or the United States;
	180	+	17 to sell tobacco products.
	181	+	18 (b) An employee must have the employee's driver's license or
	182	+	19 identification card or a copy of the employee's driver's license or
	183	+	20 identification card:
	184	+	21 (1) either:
	185	+	22 (A) in the employee's possession; or
	186	+	23 (B) on file with the employee's employer; and
	187	+	24 (2) upon request, readily available to show to an excise officer
	188	+	25 or law enforcement;
	189	+	26 when selling tobacco products.
	190	+	27 (c) If an employee holds a valid license or identification card as
	191	+	28 described in subsection (a) but is unable to show the license,
	192	+	29 identification card, or a copy to an excise officer under subsection
	193	+	30 (b) because:
	194	+	31 (1) the employee has left the license, identification card, or
	195	+	32 copy in another location; or
	196	+	33 (2) the license, identification card, or copy has otherwise been
	197	+	34 lost or mislaid;
	198	+	35 the employee may, within five (5) days of the employee's inability
	199	+	36 to show the license, identification card, or copy to the excise officer,
	200	+	37 produce to the excise officer or to the office of the commission
	201	+	38 satisfactory evidence of a license or identification card issued to the
	202	+	39 individual that was valid at the time the individual was unable to
	203	+	40 show the license, identification card, or copy.
	204	+	41 (d) If an employee who is unable to show a license, identification
	205	+	42 card, or copy to an excise officer fails to produce satisfactory
	206	+	ES 149—LS 6715/DI 137 5
	207	+	1 evidence within five (5) days in the manner described in subsection
	208	+	2 (c), the commission may impose a civil penalty on the certificate
	209	+	3 holder under IC 7.1-3-23-3.
	210	+	4 SECTION 5. IC 7.1-5-10-26 IS ADDED TO THE INDIANA CODE
	211	+	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	212	+	6 1, 2024]: Sec. 26. A person who recklessly, knowingly, or
	213	+	7 intentionally sells a tobacco product without a valid tobacco sales
	214	+	8 certificate commits a Class C infraction.
	215	+	9 SECTION 6. IC 35-46-1-11.4, AS ADDED BY P.L.49-2020,
	216	+	10 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	217	+	11 JULY 1, 2024]: Sec. 11.4. (a) This section Subsection (b) does not
	218	+	12 apply to a tobacco and vaping business:
	219	+	13 (1) operating as a tobacco and vaping business before July 1,
	220	+	14 2020; or
	221	+	15 (2) that began operating as a tobacco and vaping business after
	222	+	16 June 30, 2020, and before July 1, 2024, if at the time the tobacco
	223	+	17 and vaping business began operating the tobacco and vaping
	224	+	18 business was not located in an area prohibited under this section.
	225	+	19 (b) A person may not operate a tobacco and vaping business within
	226	+	20 one thousand (1,000) feet of a public or private elementary or
	227	+	21 secondary school, as measured between the nearest point of the
	228	+	22 premises occupied by the tobacco and vaping business and the nearest
	229	+	23 point of a building used by the school for instructional purposes.
	230	+	24 (c) Subsection (d) does not apply to a tobacco and vaping
	231	+	25 business:
	232	+	26 (1) operating as a tobacco and vaping business before July 1,
	233	+	27 2024; or
	234	+	28 (2) that began operating as a tobacco and vaping business
	235	+	29 after June 30, 2024, if at the time the tobacco and vaping
	236	+	30 business began operating the tobacco and vaping business was
	237	+	31 not located in an area prohibited under this section.
	238	+	32 (d) A person may not operate a tobacco and vaping business
	239	+	33 within one thousand (1,000) feet of school property, measured from
	240	+	34 the nearest point of the premises occupied by the tobacco and
	241	+	35 vaping business.
	242	+	36 (c) (e) A person who violates this section commits a Class C
	243	+	37 misdemeanor.
	244	+	ES 149—LS 6715/DI 137 6
	245	+	COMMITTEE REPORT
	246	+	Madam President: The Senate Committee on Corrections and
	247	+	Criminal Law, to which was referred Senate Bill No. 149, has had the
	248	+	same under consideration and begs leave to report the same back to the
	249	+	Senate with the recommendation that said bill be AMENDED as
	250	+	follows:
	251	+	Page 1, line 7, delete "the".
	252	+	Page 1, delete lines 8 through 9.
	253	+	Page 1, line 10, delete "2024,".
	254	+	Page 1, run in lines 7 through 10.
	255	+	Page 1, delete lines 11 through 12.
	256	+	Page 2, line 33, delete "The" and insert "Subject to available
	257	+	resources, the".
	258	+	Page 2, delete line 37, begin a new line block indented and insert:
	259	+	"(1) A person who does not have lawful status (as defined in
	260	+	IC 9-13-2-92.3).".
	261	+	Page 2, delete lines 38 through 39.
	262	+	Page 2, line 40, delete "(3)" and insert "(2)".
	263	+	Page 2, line 40, delete "ten (10)" and insert "five (5)".
	264	+	Page 3, delete lines 9 through 12, begin a new line block indented
	265	+	and insert:
	266	+	"(3) A person who:
	267	+	(A) does not own the premises to which the certificate will
	268	+	be applicable;
	269	+	(B) does not have a bona fide lease on the premises for the
	270	+	full period for which the certificate is to be issued; or
	271	+	(C) does not have a franchise agreement with a franchisor:
	272	+	(i) that owns the premises to which the certificate will be
	273	+	applicable; or
	274	+	(ii) that has a bona fide lease on the premises for the full
	275	+	period for which the certificate is to be issued.".
	276	+	Page 3, line 13, delete "(5)" and insert "(4)".
	277	+	Page 3, line 17, delete "(6)" and insert "(5)".
	278	+	Page 3, line 23, delete "(7)" and insert "(6)".
	279	+	Page 3, line 27, delete "(8)" and insert "(7)".
	280	+	Page 3, line 28, delete "(9)" and insert "(8)".
	281	+	Page 3, line 29, delete "(10)" and insert "(9)".
	282	+	Page 3, line 33, delete "(11)" and insert "(10)".
	283	+	Page 3, line 38, delete "(a)(8)" and insert "(a)(7)".
	284	+	Page 3, delete lines 40 through 42.
	285	+	Page 4, delete lines 1 through 14.
	286	+	ES 149—LS 6715/DI 137 7
	287	+	Page 4, line 29, delete "under IC 9-24-3; or" and insert "by a
	288	+	governmental entity; or".
	289	+	Page 4, line 30, delete "under IC 9-24-16;" and insert "by a
	290	+	governmental entity;".
	291	+	Page 4, delete lines 38 through 42, begin a new paragraph and
	292	+	insert:
	293	+	"(c) If an employee holds a valid license or identification card as
	294	+	described in subsection (a) but is unable to show the license or
	295	+	identification card to an excise officer because the employee has
	296	+	left the license or identification card in another location, or because
	297	+	the license or identification card has otherwise been lost or mislaid,
	298	+	the employee may sign a document:
	299	+	(1) certifying that the employee holds a valid license or
	300	+	identification card as required by subsection (a);
	301	+	(2) explaining the reason that the employee does not have the
	302	+	license or identification card in the employee's possession, and
	303	+	what steps the employee is taking to retrieve the license or
	304	+	identification card, or to apply for a replacement license or
	305	+	identification card; and
	306	+	(3) promising to provide an excise officer with a copy of the
	307	+	license or identification card within a reasonable time period,
	308	+	as determined by the excise officer.".
	309	+	Page 5, delete lines 1 through 3, begin a new paragraph and insert:
	310	+	"SECTION 6. IC 7.1-5-7-1.5 IS ADDED TO THE INDIANA CODE
	311	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	312	+	1, 2024]: Sec. 1.5. (a) The commission may impose a civil penalty on
	313	+	a minor who, for the purpose of obtaining a tobacco product,
	314	+	knowingly or intentionally:
	315	+	(1) makes a false statement of age; or
	316	+	(2) presents false evidence of age.
	317	+	(b) The civil penalty may not exceed:
	318	+	(1) two hundred fifty dollars ($250) for a first violation; or
	319	+	(2) five hundred dollars ($500) for a second or subsequent
	320	+	violation.
	321	+	In addition, the commission shall require the minor to attend a
	322	+	smoking cessation class approved by the commission. The minor
	323	+	shall pay the costs of the class. If the minor fails to complete a
	324	+	smoking cessation class within a time period established by the
	325	+	commission, the commission may impose an additional civil penalty
	326	+	equal to the civil penalty imposed for a violation of this section.
	327	+	(c) The civil penalty shall be deposited in the Richard D. Doyle
	328	+	youth tobacco education and enforcement fund established by
	329	+	ES 149—LS 6715/DI 137 8
	330	+	IC 7.1-6-2-6.".
	331	+	Page 5, delete lines 9 through 30, begin a new paragraph and insert:
	332	+	"SECTION 8. IC 35-46-1-11.4, AS ADDED BY P.L.49-2020,
	333	+	SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	334	+	JULY 1, 2024]: Sec. 11.4. (a) This section Subsection (b) does not
	335	+	apply to a tobacco and vaping business:
	336	+	(1) operating as a tobacco and vaping business before July 1,
	337	+	2020; or
	338	+	(2) that began operating as a tobacco and vaping business after
	339	+	June 30, 2020, and before July 1, 2024, if at the time the tobacco
	340	+	and vaping business began operating the tobacco and vaping
	341	+	business was not located in an area prohibited under this section.
	342	+	(b) A person may not operate a tobacco and vaping business within
	343	+	one thousand (1,000) feet of a public or private elementary or
	344	+	secondary school, as measured between the nearest point of the
	345	+	premises occupied by the tobacco and vaping business and the nearest
	346	+	point of a building used by the school for instructional purposes.
	347	+	(c) Subsection (d) does not apply to a tobacco and vaping
	348	+	business:
	349	+	(1) operating as a tobacco and vaping business before July 1,
	350	+	2024; or
	351	+	(2) that began operating as a tobacco and vaping business
	352	+	after June 30, 2024, if at the time the tobacco and vaping
	353	+	business began operating the tobacco and vaping business was
	354	+	not located in an area prohibited under this section.
	355	+	(d) A person may not operate a tobacco and vaping business
	356	+	within one thousand (1,000) feet of school property, measured from
	357	+	the nearest point of the premises occupied by the tobacco and
	358	+	vaping business.
	359	+	(c) (e) A person who violates this section commits a Class C
	360	+	misdemeanor and, if the person holds a tobacco sales certificate, the
	361	+	certificate is permanently revoked.".
	362	+	Renumber all SECTIONS consecutively.
	363	+	and when so amended that said bill do pass.
	364	+	(Reference is to SB 149 as introduced.)
	365	+	FREEMAN, Chairperson
	366	+	Committee Vote: Yeas 5, Nays 0.
	367	+	ES 149—LS 6715/DI 137 9
	368	+	COMMITTEE REPORT
	369	+	Mr. Speaker: Your Committee on Public Policy, to which was
	370	+	referred Senate Bill 149, has had the same under consideration and
	371	+	begs leave to report the same back to the House with the
	372	+	recommendation that said bill be amended as follows:
	373	+	Page 2, line 3, after "individual," insert "either:
37	374		(i) the sales or purchase agreement; or
38	375		(ii) an affidavit signed by the applicant concerning the
39	376		sale or purchase, on a form prescribed by the
40	377		commission, that includes the name and address of the
41		-	seller and purchaser.
42		-	(C) The certificate held by the previous ownership of the
43		-	business.
44		-	(b) A separate certificate is required for each location where the
45		-	tobacco products or electronic cigarettes are sold or distributed. A
46		-	retail establishment may not hold more than one (1) active tobacco
47		-	sales certificate for a retail location at any time.
48		-	(c) A certificate holder shall conspicuously display the holder's
49		-	certificate on the holder's premises where the tobacco products or
50		-	electronic cigarettes are sold or distributed.
51		-	(d) Any intentional misstatement or suppression of a material fact
52		-	in an application filed under this section constitutes grounds for denial
53		-	of the certificate.
54		-	(e) A certificate may be issued only to a person who meets the
55		-	following requirements:
56		-	(1) If the person is an individual, the person must be at least
57		-	twenty-one (21) years of age.
58		-	(2) The person must be authorized to do business in Indiana.
59		-	(3) The person has not had an interest in a certificate revoked by
60		-	the commission for that business location within the preceding
61		-	one (1) year.
62		-	(f) The fees collected under this section shall be deposited in the
63		-	enforcement and administration fund under IC 7.1-4-10.
64		-	SECTION 2. IC 7.1-3-18.5-2.4 IS ADDED TO THE INDIANA
65		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
66		-	[EFFECTIVE JULY 1, 2024]: Sec. 2.4. (a) Subject to available
67		-	resources, the commission shall not issue a tobacco sales certificate,
68		-	except as otherwise authorized in this title and subject to the other
69		-	restrictions contained in this title, to the following persons:
70		-	(1) A person who does not have lawful status (as defined in
71		-	IC 9-13-2-92.3).
72		-	(2) A person who has been convicted within five (5) years
73		-	before the date of application of:
74		-	(A) a federal crime having a sentence of at least one (1)
75		-	year;
76		-	(B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony;
77		-	or
78		-	(C) a crime in a state other than Indiana having a penalty
79		-	SEA 149 — Concur 3
80		-	equal to the penalty for an Indiana Level 1, Level 2, Level
81		-	3, Level 4, or Level 5 felony.
82		-	However, this subdivision does not apply to a conviction that
83		-	has been expunged under IC 35-38-9.
84		-	(3) A person who does not meet at least one (1) of the
85		-	following descriptions:
	378	+	seller and purchaser.".
	379	+	Page 2, delete line 4.
	380	+	Page 2, line 10, after "certificate" insert "for a retail location".
	381	+	Page 3, line 4, delete "who:" and insert "who does not meet at least
	382	+	one (1) of the following descriptions:
86	383		(A) The person owns the premises to which the certificate
87	384		will be applicable.
88	385		(B) The person has a valid lease on the premises:
89	386		(i) at the time of the application for a certificate; and
90	387		(ii) for the duration of the period in which the person
91	388		sells or distributes in the manner described in section 1
92	389		of this chapter.
93	390		(C) The person has a franchise agreement with a
94	391		franchisor:
95	392		(i) that owns the premises to which the certificate will be
96	393		applicable; or
97	394		(ii) that has a bona fide lease on the premises for the full
98		-	period for which the certificate is to be issued.
99		-	(4) A person whose place of business is conducted by a
100		-	manager or agent, unless the manager or agent possesses the
101		-	same qualifications required for the issuance of a tobacco
102		-	sales certificate to the person.
103		-	(5) A minor.
104		-	(6) A person non compos mentis.
105		-	(7) A person who has held a permit or certificate under this
106		-	title and who has had that permit or certificate revoked
107		-	within one (1) year prior to the date of application for a
108		-	tobacco sales certificate.
109		-	(8) A person who has made an application for a permit or
110		-	certificate of any type under this title which has been denied
111		-	less than one (1) year prior to the person's application for a
112		-	tobacco sales certificate unless the first application was denied
113		-	by reason of a procedural or technical defect.
114		-	(b) Subsection (a)(5) does not prevent a minor from being a
115		-	stockholder in a corporation.
116		-	SECTION 3. IC 7.1-3-18.5-3.2 IS ADDED TO THE INDIANA
117		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
118		-	[EFFECTIVE JULY 1, 2024]: Sec. 3.2. If the majority of the
119		-	ownership of a business that is a certificate holder is sold or
120		-	transferred:
121		-	(1) the new ownership of the business must apply for a new
122		-	SEA 149 — Concur 4
123		-	certificate under section 2 of this chapter; and
124		-	(2) the certificate and the permit number held by the previous
125		-	ownership of the business are void ninety (90) days after the
126		-	date of the sale or transfer of the ownership of the business.
127		-	SECTION 4. IC 7.1-3-18.5-9.2 IS ADDED TO THE INDIANA
	395	+	period for which the certificate is to be issued.".
	396	+	Page 3, delete lines 5 through 23.
	397	+	Page 3, line 24, delete "(6)" and insert "(4)".
	398	+	Page 3, line 28, delete "(7)" and insert "(5)".
	399	+	Page 3, line 29, delete "(8)" and insert "(6)".
	400	+	Page 3, line 30, delete "(9)" and insert "(7)".
	401	+	Page 3, line 34, delete "(10)" and insert "(8)".
	402	+	Page 3, line 39, delete "(a)(7)" and insert "(a)(5)".
	403	+	Page 4, line 7, delete "as of" and insert "ninety (90) days after".
	404	+	Page 4, delete lines 9 through 42, begin a new paragraph and insert:
	405	+	"SECTION 4. IC 7.1-3-18.5-9.2 IS ADDED TO THE INDIANA
128	406		CODE AS A NEW SECTION TO READ AS FOLLOWS
129	407		[EFFECTIVE JULY 1, 2024]: Sec. 9.2. (a) An employee of a
130	408		certificate holder must hold a valid:
131	409		(1) driver's license issued by the state of Indiana or another
	410	+	ES 149—LS 6715/DI 137 10
132	411		state; or
133	412		(2) identification card issued by the state of Indiana, another
134	413		state, or the United States;
135	414		to sell tobacco products.
136	415		(b) An employee must have the employee's driver's license or
137	416		identification card or a copy of the employee's driver's license or
138	417		identification card:
139	418		(1) either:
140	419		(A) in the employee's possession; or
141	420		(B) on file with the employee's employer; and
142	421		(2) upon request, readily available to show to an excise officer
143	422		or law enforcement;
144	423		when selling tobacco products.
145	424		(c) If an employee holds a valid license or identification card as
146	425		described in subsection (a) but is unable to show the license,
147	426		identification card, or a copy to an excise officer under subsection
148	427		(b) because:
149	428		(1) the employee has left the license, identification card, or
150	429		copy in another location; or
151	430		(2) the license, identification card, or copy has otherwise been
152	431		lost or mislaid;
153	432		the employee may, within five (5) days of the employee's inability
154	433		to show the license, identification card, or copy to the excise officer,
155	434		produce to the excise officer or to the office of the commission
156	435		satisfactory evidence of a license or identification card issued to the
157	436		individual that was valid at the time the individual was unable to
158	437		show the license, identification card, or copy.
159	438		(d) If an employee who is unable to show a license, identification
160	439		card, or copy to an excise officer fails to produce satisfactory
161	440		evidence within five (5) days in the manner described in subsection
162	441		(c), the commission may impose a civil penalty on the certificate
163		-	holder under IC 7.1-3-23-3.
164		-	SECTION 5. IC 7.1-5-10-26 IS ADDED TO THE INDIANA CODE
165		-	SEA 149 — Concur 5
166		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
167		-	1, 2024]: Sec. 26. A person who recklessly, knowingly, or
168		-	intentionally sells a tobacco product without a valid tobacco sales
169		-	certificate commits a Class C infraction.
170		-	SECTION 6. IC 35-46-1-11.4, AS ADDED BY P.L.49-2020,
171		-	SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172		-	JULY 1, 2024]: Sec. 11.4. (a) This section Subsection (b) does not
173		-	apply to a tobacco and vaping business:
174		-	(1) operating as a tobacco and vaping business before July 1,
175		-	2020; or
176		-	(2) that began operating as a tobacco and vaping business after
177		-	June 30, 2020, and before July 1, 2024, if at the time the tobacco
178		-	and vaping business began operating the tobacco and vaping
179		-	business was not located in an area prohibited under this section.
180		-	(b) A person may not operate a tobacco and vaping business within
181		-	one thousand (1,000) feet of a public or private elementary or
182		-	secondary school, as measured between the nearest point of the
183		-	premises occupied by the tobacco and vaping business and the nearest
184		-	point of a building used by the school for instructional purposes.
185		-	(c) Subsection (d) does not apply to a tobacco and vaping
186		-	business:
187		-	(1) operating as a tobacco and vaping business before July 1,
188		-	2024; or
189		-	(2) that began operating as a tobacco and vaping business
190		-	after June 30, 2024, if at the time the tobacco and vaping
191		-	business began operating the tobacco and vaping business was
192		-	not located in an area prohibited under this section.
193		-	(d) A person may not operate a tobacco and vaping business
194		-	within one thousand (1,000) feet of school property, measured from
195		-	the nearest point of the premises occupied by the tobacco and
196		-	vaping business.
197		-	(c) (e) A person who violates this section commits a Class C
198		-	misdemeanor.
199		-	SEA 149 — Concur President of the Senate
200		-	President Pro Tempore
201		-	Speaker of the House of Representatives
202		-	Governor of the State of Indiana
203		-	Date: Time:
204		-	SEA 149 — Concur
	442	+	holder under IC 7.1-3-23-3.".
	443	+	Page 5, delete lines 1 through 15.
	444	+	Page 6, line 7, delete "and, if the person holds a tobacco sales
	445	+	certificate, the" and insert ".".
	446	+	Page 6, delete line 8.
	447	+	Renumber all SECTIONS consecutively.
	448	+	and when so amended that said bill do pass.
	449	+	(Reference is to SB 149 as printed January 31, 2024.)
	450	+	ES 149—LS 6715/DI 137 11
	451	+	MANNING
	452	+	Committee Vote: yeas 9, nays 0.
	453	+	ES 149—LS 6715/DI 137