Introduced Version






HOUSE BILL No. 1367

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-30-5.5.

Synopsis: Limited liability for 501(c)(3) organizations. Limits the liability of a small nonprofit organization to the liability limits in the Indiana tort claims act, and provides that a small nonprofit organization is not liable for punitive damages. Provides that a small nonprofit organization may be liable for damages in excess of the tort claims act liability limits if the act or omission: (1) involves the provision of medical care by a health care provider; (2) involves the negligent operation of an automobile; or (3) constitutes gross negligence or willful or wanton misconduct.

Effective: July 1, 2006.





Thomas




    January 12, 2006, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 114th General Assembly (2006)


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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HOUSE BILL No. 1367



    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 34-30-5.5; (06)IN1367.1.1. -->     SECTION 1. IC 34-30-5.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
     Chapter 5.5. Charities: Limited Liability for Small Nonprofit Organizations
    Sec. 1. This chapter applies only to a claim or suit in tort brought against a small nonprofit organization.
    Sec. 2. This chapter does not apply to the following:
        (1) An act or omission concerning the provision of health care services by a health care provider (as defined in IC 34-18-2-14).
        (2) An act or omission that constitutes gross negligence or willful or wanton misconduct.
        (3) An act or omission that occurs in connection with the negligent operation of a motor vehicle (as defined in IC 9-13-2-105(a)).
    Sec. 3. As used in this chapter "small nonprofit organization"

means an organization:
        (1) with annual revenue of five hundred thousand dollars ($500,000) or less; and
        (2) that is:
            (A) tax exempt under Section 501(c)(3) of the Internal Revenue Code;
            (B) a community mental retardation and other developmental disabilities center (as defined in IC 12-29-3-6);
            (C) a rehabilitation center (as described in IC 12-12-3); or
            (D) a faith based organization.

     Sec. 4. (a) The combined aggregate liability of a small nonprofit organization under this chapter does not exceed the liability limits described in IC 34-13-3-4.
    (b) A small nonprofit organization is not liable for punitive damages.