Introduced Version






SENATE BILL No. 463

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2-88.3 ; IC 34-31-7.

Synopsis: Premises liability. Provides that if a person enters the premises of a nonprofit religious organization with the permission of the nonprofit religious organization, the nonprofit religious organization has a duty to: (1) warn the person of a hidden danger on the premises if a representative of the nonprofit religious organization has actual knowledge of the hidden danger; and (2) refrain from intentionally harming the person. Provides that if a person enters the premises of a nonprofit religious organization without the permission of the nonprofit religious organization, the nonprofit religious organization has only a duty to refrain from intentionally harming the person.

Effective: July 1, 2000.





Meeks C




    January 10, 2000, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.







Introduced

Second Regular Session 111th General Assembly (2000)


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.
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SENATE BILL No. 463



    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 34-6-2-88.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 88.3. "Nonprofit religious organization", for purposes of IC 34-31-7 , means an organization, a church, a body of communicants, or a group:
        (1) organized primarily for religious purposes and not for pecuniary profit that operates under:
            (A) Section 501 of the Internal Revenue Code; or
            (B) the Section 501 nonprofit status of the parent organization of the organization, church, body of communicants, or group; and
        (2) whose constitution, charter, articles, or bylaws contain a clause that provides that upon dissolution, all remaining assets must:
            (A) be used for nonprofit religious purposes; or
            (B) revert to the parent organization for nonprofit religious purposes.


    SECTION 2. IC 34-31-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
     Chapter 7. Premises Liability of Nonprofit Religious Organizations
    Sec. 1. A nonprofit religious organization has only the following duty concerning persons who enter premises owned, operated, or controlled by the nonprofit religious organization:
        (1) If a person enters the premises with the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has a duty to:
            (A) warn the person of a hidden danger on the premises if a representative of the nonprofit religious organization has actual knowledge of the hidden danger; and
            (B) refrain from intentionally harming the person.
        (2) If a person enters the premises without the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has only a duty to refrain from intentionally harming the person.

    SECTION 3. [EFFECTIVE JULY 1, 2000] This act applies only to a cause of action that accrues after June 30, 2000.