Bill Text: IN HB1202 | 2010 | Regular Session | Introduced
Bill Title: Liability for use of school bus safety belts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Judiciary [HB1202 Detail]
Download: Indiana-2010-HB1202-Introduced.html
Citations Affected: IC 34-31-9.
Synopsis: Liability for use of school bus safety belts. Provides that a
school corporation or an employee of, volunteer for, or independent
contractor who performs services for a school corporation is not liable
for an injury to or the death of a passenger on a school bus equipped
with safety belts if the passenger: (1) was required to and instructed on
the proper way to wear a safety belt and the injury to or death of the
passenger was caused by the passenger not wearing a safety belt or
wearing a safety belt in an improper manner; or (2) was not required to
wear a safety belt and the injury to or death of the passenger was
caused by the passenger wearing a safety belt in an improper manner.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Judiciary.
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
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Chapter 9. Limited Liability of School Corporations for Damages Caused by School Bus Safety Belt Use
Sec. 1. As used in this chapter, "school bus" means a motor vehicle that is:
(1) designed and constructed for the accommodation of passengers;
(2) used for the transportation of Indiana school children;
(3) operated by or on behalf of a school corporation; and
(4) equipped with safety belts.
Sec. 2. As used in this chapter, "school corporation" means any of the following:
(1) A local public school corporation established under Indiana law.
(2) A charter school established under IC 20-24.
Sec. 3. A school corporation or an employee of, volunteer for, or independent contractor who performs services for a school corporation is not liable for an injury to or the death of a passenger on a school bus in operation if:
(1) the:
(A) passenger was:
(i) required by the school corporation or the employee, volunteer, or independent contractor to wear a safety belt; and
(ii) instructed by the school corporation or employee, volunteer, or independent contractor on the proper way to wear the safety belt;
before the school bus was put in operation; and
(B) injury to or death of the passenger was caused by the passenger:
(i) not wearing a safety belt; or
(ii) wearing a safety belt in an improper manner; or
(2) the:
(A) passenger was not required by the school corporation or the employee, volunteer, or independent contractor to wear a safety belt; and
(B) injury to or death of the passenger was caused by the passenger wearing a safety belt in an improper manner.
