Introduced Version






HOUSE BILL No. 1374

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2; IC 34-30-21.

Synopsis: Immunity for advertisers or sponsors. Grants immunity from civil liability for advertisers or sponsors of certain events at which beverages are sold or provided.

Effective: July 1, 2005.





Walorski




    January 13, 2005, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 114th General Assembly (2005)


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 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 this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1374



    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:

SOURCE: IC 34-6-2-3.3; (05)IN1374.1.1. -->     SECTION 1. IC 34-6-2-3.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.3. (a) "Advertiser or sponsor", for purposes of IC 34-30-21, means a person who for political, commercial, educational, benevolent, or charitable purposes:
        (1) donates or contributes money, materials, or products; or
        (2) pays fees to advertise or display trademarks;
in connection with an event.
    (b) The term does not include a person who exercises primary control over an event.

SOURCE: IC 34-6-2-44.3; (05)IN1374.1.2. -->     SECTION 2. IC 34-6-2-44.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 44.3. "Event", for purposes of section 3.3 of this chapter and IC 34-30-21, means:
        (1) a performance;
        (2) a benefit;
        (3) a fundraiser;
        (4) an auction;
        (5) a meal; or
        (6) another occasion;
at which beverages are sold or provided.

SOURCE: IC 34-30-21; (05)IN1374.1.3. -->     SECTION 3. IC 34-30-21 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 21. Events: Immunity of Advertiser or Sponsor
    Sec. 1. This chapter does not grant immunity from civil liability to the following:
        (1) A person who engages in intentional, willful, wanton, or reckless behavior.
        (2) A person who contractually assumes civil liability in connection with an event.
    Sec. 2. An advertiser or a sponsor of an event is immune from civil liability for the acts or omissions of:
        (1) the advertiser or sponsor; and
        (2) any other person;
in connection with an event.
    Sec. 3. An advertiser or sponsor may not be considered to be:
        (1) part of a joint venture;
        (2) the principal of an agent; or
        (3) the employer of an employee;
with regard to a person participating in an event in a capacity other than that of an advertiser or sponsor.