Second Regular Session 115th General Assembly (2008)
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
this style type.
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
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
this style type
between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1042
AN ACT to amend the Indiana Code concerning trade regulation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 23-1-55; (08)HE1042.1.1. -->
SECTION 1. IC 23-1-55 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: (b) After receiving a registration described in section 2 of this
chapter, the secretary of state shall notify the local officials of the
county in which a person described in section 2 of this chapter
intends to offer for sale or sell sexually explicit materials of
Chapter 55. Intention to Sell Sexually Explicit Materials
Sec. 1. This chapter does not apply to a person who sells sexually
explicit materials on June 30, 2008, unless the person changes the
person's business location after June 30, 2008.
Sec. 2. A person (as defined in IC 35-41-1-22) that intends to
offer for sale or sell sexually explicit materials shall register with
the secretary of state the intent to offer for sale or sell sexually
explicit materials and provide a statement detailing the types of
materials that the person intends to offer for sale or sell.
Sec. 3. (a) As used in this section, "local officials of the county"
refer to all of the following:
(1) The county executive.
(2) If a person described in section 2 of this chapter intends to
locate in a municipality, the executive of the municipality.
(3) A local entity that supervises a zoning board in the county.
the registration filed under section 2 of this chapter.
SOURCE: IC 23-18-12-3; (08)HE1042.1.2. -->
SECTION 2. IC 23-18-12-3, AS AMENDED BY P.L.60-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) Except as provided in subsection (e), the
secretary of state shall collect the following fees when the documents
described in this section are delivered for filing:
(1) Articles of organization $90
(2) Application for use of
indistinguishable name $20
(3) Application for reservation of name $20
(4) Application for renewal of
(5) Notice of transfer or cancellation
of reservation $20
(6) Application of registered name $30
(7) Application for renewal of registered name $30
(8) Certificate of change of registered
agent's business address No Fee
(9) Certificate of resignation of
agent No Fee
(10) Articles of amendment $30
(11) Restatement of articles of
(12) Articles of dissolution $30
(13) Application for certificate of
(14) Application for amended
certificate of authority $30
(15) Application for certificate of
(16) Application for reinstatement
following administrative dissolution $30
(17) Articles of correction $30
(18) Certificate of change of
registered agent No Fee
(19) Application for certificate of
existence or authorization $15
(20) Biennial report filed in writing,
including by facsimile $30
(21) Biennial report filed by electronic medium $20
(22) Articles of merger involving a
domestic limited liability company $90
(23) Any other document required or
permitted to be filed under this article $30
(24) Registration of intent to sell
sexually explicit materials, products, or services $250
(b) The fee set forth in subsection (a)(20) for filing a biennial report
is fifteen dollars ($15) per year, to be paid biennially.
(c) The secretary of state shall collect a fee of $10 each time process
is served on the secretary of state under this article. If the party to a
proceeding causing service of process prevails in the proceeding, that
party is entitled to recover this fee as costs from the nonprevailing
(d) The secretary of state shall collect the following fees for copying
and certifying the copy of any filed documents relating to a domestic
or foreign limited liability company:
(1) One dollar ($1) per page for copying.
(2) Fifteen dollars ($15) for certification stamp.
(e) If the document described in subsection (a)(1) or (a)(13) is filed
by electronic means as prescribed by the secretary of state, the
secretary of state shall collect a filing fee of seventy-five dollars ($75).
SOURCE: IC 24-4-16.4; (08)HE1042.1.3. -->
SECTION 3. IC 24-4-16.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 16.4. Sexually Explicit Materials
Sec. 1. As used in this chapter, "person" has the meaning set
forth in IC 35-41-1-22.
Sec. 2. (a) As used in this chapter, "sexually explicit materials"
means a product or service:
(1) that is harmful to minors (as described in IC 35-49-2-2),
even if the product or service is not intended to be used by or
offered to a minor; or
(2) that is designed for use in, marketed primarily for, or
(A) the stimulation of the human genital organs; or
(B) masochism or a masochistic experience, sadism or a
sadistic experience, sexual bondage, or sexual domination.
(b) The term does not include:
(1) birth control or contraceptive devices; or
(2) services, programs, products, or materials provided by a:
(A) communications service provider (as defined in
(B) physician; or
(C) public or nonpublic school.
Sec. 3. A person or an employee or agent of a person may not
offer for sale or sell sexually explicit materials unless a registration
and statement are properly filed as described in IC 23-1-55-1.
Sec. 4. A person or an employee or agent of a person who
knowingly or intentionally offers for sale or sells sexually explicit
materials in violation of this chapter commits unregistered sale of
sexually explicit materials, a Class B misdemeanor.
SOURCE: ; (08)HE1042.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2008] IC 24-4-16.4-4, as
added by this act, applies to offenses committed after June 30,
HEA 1042 _ Concur
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned