Introduced Version
HOUSE BILL No. 1202
_____
DIGEST OF INTRODUCED BILL
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.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1202
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-31-9; (10)IN1202.1.1. -->
SECTION 1. IC 34-31-9 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
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.