The 2010-2011 Legislative Session is in full swing.
Below is a listing of alcohol and drug related bills that are being considered this year. We will try to post hearing dates, committees, and progress on each of these bills.
For more complete or update information I recommend you check the Indiana General Assembly website. http://www.in.gov/legislative/index.htm
For a PDF of the Document go the www.drugfreemc.org
Bill # and Hearing information
Alcohol Description of Bill
• Senate Bill 0197- same as House Bill 1239- Alcoholic Beverage Matters
• Author: Senator Boots/ Representative Noe
• Committee: Senate Public Policy
1. Allows for the sale of cold beer, at any carry out store
2. Allows for the sale of carry out alcohol on Sunday’s,
3. Allows for Package Liquor stores to be owned by out of state residents,
4. Removes restrictions on products that can be sold at package liquor stores.
5. Allows a minor to be in a package liquor store when accompanied by a parent or guardian.
• House Bill 1320-Retailer permittee serving to minor
• Author: Yarde
• Committee: House Public Policy
Restaurant employee serving alcohol to a minor: Provides that if the ATC initiates a violation proceeding against the retailer permitee for furnishing alcohol to a minor that the ATC can also charge a violation to the employee. For violations that occur after June 30, 2011- if the commission finds that the employee unlawfully furnished alcohol to a minor the commission is required to issue disciplinary actions in regards to their permit and impose civil penalties in the form of fines.
• Senate Bill 0365- Alcoholic Beverage Permits
• Author: Miller
• Committee : Public Policy Changes how quota determinations are made for Marion County. Determination would be based on county boundaries and no longer on fire special service districts. Repeals provision that allows beer retailer permits in unincorporated areas to an applicant that is a drug, convenience, grocery or confectionary store.
• House Bill 1175- Alcohol displays
• Author: Burton
• Committee: Public Policy
• Status: Discussed before committee Jan 19, 2010 Alcohol displays, holders of liquor dealer permits must display liquor in a room or partitioned area separate from other retail items
• House Bill 1325-Repeals requirement to product ID for alcohol purchases
• Author: Steuerwald
• Committee: Public Policy
• Status: Heard before Public Policy Committee Jan 19th
Repeals requirement to produce and ID for alcohol purchases. Repeals provision that makes it a Class B Misdemeanor for permittee or employee to sell without first checking ID
• House Bill: 1236- Alcohol beverage permits
• Author: Dodge, Friend
• Committee: Public Policy
Allows ATC to issue two new 3-way on premise consumption permits to applicant that are proprietors of restaurant in a town that has more than 7,000 but less than 8,000 persons and is located in a historic district.
• Senate Bill: 0144 Retailer permits in annexed areas
• Author: Boots
• Committee: Public Policy
Allows the ATC to issue a 3-way restaurant permits to restaurants located in territory annexed to a city or town and is designated as an economic development area among other specific requirement. These permits may not be transferred outside of the designated area.
• House Bill 1093- Serving Alcohol during the State Fair
• Author: Cherry
• Committee: Public Policy
Provides that the State Fair Commission may give a priority to value added Indiana Agriculture when determining the types of alcoholic beverages to be sold at the state fair grounds. Repeals a provision that prohibit the sale of alcoholic beverages during the State Fair.
• House Bill 1194-Restaurant Permits in economic development areas
• Author: Lehe
• Committee: Committee on Commerce, Small Business and Economic Development.
Allows the ATC to issue a retailer’s permit to a restaurant located in an economic development area, a redevelopment project, urban renewal area or a redevelopment area within a city or town. Such permits are not subject to quota restrictions; applicant must expend at least $75,000 over five years for improvement to the property. Prohibits permit from being transferred to another location.
• Senate Bill 0078-Identification requirement for alcohol purchases
• Author: Merritt
• Committee: Public Policy
Makes it a Class B Misdemeanor for a permittee or employee to furnish alcohol to someone who appears to be less than 40 yrs old without reviewing ID.
• Senate Bill 0046-Identification for alcohol purchase
• Author: Alting
• Committee: Public Policy
Same as Senate bill 0078 or vice versa
• Senate Bill 0422-Requireing identification for alcohol purchases
• Author: Hume
• Committee Public Policy
Makes it a Class B misdemeanor for a permitte or employee or agent to sell alcohol to a person who appears to be less than 27 years of age w/o first requiring the person to produce and ID.
• SB 01330 –ID requirements
• Author: Randolph
• Committee-Public Policy
Repeals the provision to mandates checking ID’s before selling alcohol for off premise consumption.
• Senate Bill 0244-Penalty for serving alcohol to a minor
• Author: Kruse
• Committee: Public Policy
Alcoholic beverage retailer or dealer may not be fined, have permit suspended, or revoked, or have a civil judgment assessed against the person if an employee or agent of the retailer or dealer commits the violations and has an active servers permit.
• Senate Bill 0156-Public Intoxication
• Author: Young
• Committee on Corrections, Criminal, and Civil Matters
• January 18, 2011, reported favorably _ Do Pass
Provides that a person may not be convicted of certain offenses related to intoxication unless the person 1) endanger the person’s life, endangers the life of another, breaches the peace or is in imminent danger of breaching the peace.
• Senate Bill 0425- Prohibit alcohol on school property
• Author: Skinner
• Committee on Corrections, Criminal, and Civil Matters
Makes it a Class B misdemeanor for a person to knowingly or intentionally possess alcohol on school property or a school bus.
• Senate Bill 0208-Public Intoxication
• Author: Young, Steel
• Committee on Corrections, Criminal, and Civil Matters
• Status: January 20, 2011, amended, reported favorably _ Do Pass.
Public intoxication. Provides that, for purposes of the public intoxication statute, a person is not in a public place or place of public resort if the person is a passenger in a motor vehicle that is traveling on a highway. Specifies that the offense of being intoxicated on a vehicle used for public transportation does not apply to a taxicab.
• House Bill 1081/ 1132-Farm Wineries and direct wine sellers
• Author: Welch, Koch, Clere, Rhoads
• Committee: Public Policy
Removes requirement of initial face to face transaction between consumer and a direct wine seller before permittee can ship wine to a consumers home
Increases the number of days a farm winery can participate in trade show or exposition from 30 to 45 each year.
• House Bill 1088-ID requirements
• Author:
• Public Policy
Repeals mandatory carding law.
• Senate Bill 0112-Alcoholic Beverage Wholesalers
• Author: Merritt , Steele, Arnold, Taylor
• Committee: Public Policy
• January 20, 2011, amended, reported favorably _ Do Pass.
Allows a person to wholesale beer, wine, and liquor.
Allows a wine wholesaler who also holds a liquor wholesalers permit to sell more than 1 million gallons of flavored malt beverage each year
Repeals prohibitions from issuing a beer wholesaler permit to a person who holds both a wine and liquor wholesalers permit.
Tobacco
• House Bill 1146-Flavored Tobacco products and cigarettes
• Author: Smith V
• Public Policy
• Heard Jan 19th
Makes the manufacture, distribution, or advertising of flavored cigarettes a Class A infraction, and provides that the ATC can revoke the sales certificate of anyone who does.
• House Bill 1018-Smoking Ban in Public Places
• Author: Brown C, Turner, Candelaria Reardon, Welch
• Committee: Public Health
• January 20, 2011, amended, reported _ Do Pass.
Prohibits smoking: (1) in public places; (2) in enclosed areas of a place of employment; (3) in certain state vehicles; and (4) within 12 feet of a public entrance to a public place or an enclosed area of a place of employment. Allows smoking in: (1) certain gaming facilities; and (2) retail tobacco stores that meet certain requirements.
Repeals the current clean indoor air law that prohibits smoking in public buildings.
• Senate Bill 0355
• Author: Broden
• Committee: Public Policy
Smoking ban. Prohibits smoking: (1) in public places; (2) in enclosed areas of a place of employment; (3) in certain state vehicles; and (4) within 12 feet of a public entrance to a public place or an enclosed area of a place of employment.
• House Bill 1522
• Author: VanDenburgh
• Committee: Public Policy
Smoking devices and tobacco businesses. Provides that smoking pipes and smoking devices may be sold at retail only by tobacco businesses in which: (1) the primary activity is the sale of tobacco, tobacco products, and tobacco accessories; and (2) the sale of other products is incidental. Makes a violation of this provision a Class A infraction. Makes it a Class C infraction for: (1) a tobacco business to allow an individual who is less than 18 years of age to enter the tobacco business; or (2) an individual who is less than 18 years of age to enter a tobacco business
Synthetic Cannabinoids
• Senate Bill 0005 Senate Bill 0448 House Bill 1277, HB 0057-Prohibits sale of synthetic cannabinoids
• Author; Breaux, Miller, Rep. Goodin
• Committee on Corrections, Criminal, and Civil Matters
Defines “synthetic cannabinoids” and makes possessing, dealing in, manufacturing, or delivering equivalent marijuana.
• Senate Bill 1102, House Bill 1315-Possession or manufacture of synthetic Cannabinoids
• Author: Yarde, Truitt, Foley
• Committee on Corrections, Criminal, and Civil Matters
• January 20, 2011, amended, reported _ Do Pass.
Synopsis: Synthetic cannabinoid and salvia divinorum. Defines "synthetic cannabinoid". Makes possessing, dealing in, manufacturing, or delivering a synthetic cannabinoid or salvia divinorum equivalent to possessing, dealing in, manufacturing, or delivering marijuana, hash oil, or hashish. Makes conforming amendments and a technical correction.
Methamphetamine
• Senate Bill 0117-Damage from Meth Labs as arson
• Author; Kruse
• Committee on Corrections, Criminal, and Civil Matters.
Specifies that a person, who inflicts bodily injury on another while dumping, controlled substances waste as a Class D felony. Person who damage property by fire or explosive force produced while making meth or cocaine is penalized as arson.
• House Bill 1030-Ephedirine and pseudoephedrine
• Author: Culver, Kubacki
• Committee on Public Health.
Makes materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine schedule III controlled substances subject to being dispensed only by a prescription.
• Senate Bill 0103-Schedule Meth Precursors
• Author Wyss, Head
• Committee on Corrections, Criminal, and Civil Matters.
Schedule methamphetamine precursors. Makes materials, compounds, mixtures, or preparations that contain ephedrine or pseudoephedrine schedule III controlled substances that may be dispensed only by a prescription.
Treatment
• Senate Bill 0022- Drug and alcohol abuse and commitments.
• Author: Simpson
• Committee: Judiciary
Provides procedures for the involuntary commitment of a person due to alcohol or drug abuse. Requires the division of mental health and addiction to maintain and operate or contract for alcohol and drug rehabilitation facilities, including faith based facilities. Requires the law enforcement academy to provide training regarding persons with alcohol or drug addictions, including training for involuntary commitments for alcohol or drug use. Requires the department of correction and county jails to provide alcohol and drug rehabilitation to all offenders with alcohol or drug addictions.
• House Bill 1153-Problem Solving courts
• Author: Koch
• Committee Judiciary.
January 20, 2011, amended, reported _ Do Pass.
Expands the types of persons that may participate in court established alcohol and drug services programs. Establishes procedures to be used by a problem solving court to terminate an individual's participation in a problem solving court program. Provides that the parent or guardian of a child: (1) who is adjudicated a delinquent child or in a program of informal adjustment approved by a juvenile court; and (2) who is accepted into a problem solving court program; is financially responsible for the problem solving court service fees and chemical testing expenses assessed against the child by the problem solving court. Specifies that a city or town user fee fund or county user fee fund includes problem solving court fees collected by the clerk of the court
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