Bill Text: IN HB1056 | 2012 | Regular Session | Amended
Bill Title: Novelty lighters.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [HB1056 Detail]
Download: Indiana-2012-HB1056-Amended.html
January 17, 2012
HOUSE BILL No. 1056
_____
DIGEST OF HB 1056
(Updated January 17, 2012 11:26 am - DI 109)
Citations Affected: IC 22-12.
Synopsis: Novelty lighters. Makes the retail sale or distribution of a
novelty lighter a Class C infraction. Provides that the state fire marshal
or a designated law enforcement officer may enforce novelty lighter
laws. Authorizes the fire prevention and building safety commission to
adopt rules to implement the novelty lighter law.
Effective: Upon passage.
Frye R
January 9, 2012, read first time and referred to Committee on Veterans Affairs and Public
Safety.
January 17, 2012, amended, reported _ Do Pass.
January 17, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1056
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-12-11; (12)HB1056.1.1. -->
SECTION 1. IC 22-12-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 11. Novelty Lighters
Sec. 1. It is the intent of the general assembly, by this chapter, to protect the public welfare and promote safety throughout Indiana. In enacting this chapter, the general assembly finds the following:
(1) Novelty lighters have features that are attractive to children, including visual effects, flashing lights, musical sounds, and toy-like designs.
(2) The federal Consumer Product Commission has recalled thousands of novelty lighters since 1996 due to the dangers of novelty lighters to public safety.
(3) In Indiana and the United States fire setting by children has resulted in several deaths and millions of dollars in property damage and destruction.
Sec. 2. As used in this chapter, “novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage, or similar articles, or that plays musical notes, has flashing lights for entertainment, or has other entertaining features. A novelty lighter may operate on any fuel, including butane, isobutane, or liquid fuel. The term does not include the following:
(1) A lighter manufactured before January 1, 1980.
(2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame.
(3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills.
(4) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.
Sec. 3. (a) An individual may not:
(1) sell at retail;
(2) offer for retail sale; or
(3) distribute for retail sale or promotion in Indiana;
a novelty lighter.
(b) An individual who violates this section commits a Class C infraction.
Sec. 4. The prohibition in section 3 of this chapter does not apply to the transportation of novelty lighters through Indiana or the storage of novelty lighters in a warehouse or distribution center in Indiana that is closed to the public for purposes of retail sales.
Sec. 5. This chapter may be enforced by:
(1) the state fire marshal or the state fire marshal's designee;
(2) a state, county, or municipal law enforcement officer; or
(3) a municipal code enforcement officer.
Sec. 6. The commission may adopt rules under IC 4-22-2 to implement this chapter.
Chapter 11. Novelty Lighters
Sec. 1. It is the intent of the general assembly, by this chapter, to protect the public welfare and promote safety throughout Indiana. In enacting this chapter, the general assembly finds the following:
(1) Novelty lighters have features that are attractive to children, including visual effects, flashing lights, musical sounds, and toy-like designs.
(2) The federal Consumer Product Commission has recalled thousands of novelty lighters since 1996 due to the dangers of novelty lighters to public safety.
(3) In Indiana and the United States fire setting by children has resulted in several deaths and millions of dollars in property damage and destruction.
Sec. 2. As used in this chapter, “novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage, or similar articles, or that plays musical notes, has flashing lights for entertainment, or has other entertaining features. A novelty lighter may operate on any fuel, including butane, isobutane, or liquid fuel. The term does not include the following:
(1) A lighter manufactured before January 1, 1980.
(2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame.
(3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills.
(4) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.
Sec. 3. (a) An individual may not:
(1) sell at retail;
(2) offer for retail sale; or
(3) distribute for retail sale or promotion in Indiana;
a novelty lighter.
(b) An individual who violates this section commits a Class C infraction.
Sec. 4. The prohibition in section 3 of this chapter does not apply to the transportation of novelty lighters through Indiana or the storage of novelty lighters in a warehouse or distribution center in Indiana that is closed to the public for purposes of retail sales.
Sec. 5. This chapter may be enforced by:
(1) the state fire marshal or the state fire marshal's designee;
(2) a state, county, or municipal law enforcement officer; or
(3) a municipal code enforcement officer.
Sec. 6. The commission may adopt rules under IC 4-22-2 to implement this chapter.
SOURCE: ; (12)HB1056.1.2. -->
SECTION 2. An emergency is declared for this act.
