HB 1237-9_ Filed 02/13/2007, 10:34 Stutzman


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1237 be amended to read as follows:

SOURCE: Page 2, line 23; (07)MO123711.2. -->     Page 2, line 23, reset in roman "(a)".
    Page 2, line 27, reset in roman "(b) For purposes of IC 9-19-10, the term includes".
    Page 2, line 27, reset in roman "school".
    Page 2, line 29, after "vehicles." insert " buses.".
    Page 3, line 10, after "2." insert " (a) Beginning July 1, 2009, this section does not apply to an occupant of a school bus.
    (b)
".
    Page 3, after line 17, begin a new paragraph and insert:
SOURCE: IC 9-19-10-2.3; (07)MO123711.8. -->     "SECTION 8. IC 9-19-10-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.3. (a) This section applies beginning July 1, 2009.
     (b) A school bus initially placed into service after June 30, 2009, must be equipped, for each occupant, with a safety belt meeting the standards established by the school bus committee under section 6(d) of this chapter.
    (c) Each occupant of a school bus referenced in subsection (b) shall have a safety belt properly fastened about the occupant's body at all times when the school bus is in forward motion.

SOURCE: IC 9-19-10-6; (07)MO123711.9. -->     SECTION 9. IC 9-19-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) Except as provided in subsection (d), a safety belt must be of a type and must be installed in a manner approved by the bureau.
    (b) Except as provided in subsection (d), the bureau shall establish specifications and requirements for approved types of safety belts and attachments to the safety belts.
    (c) For purposes of subsections (a) and (b), the bureau shall accept, as approved, a seat safety belt installation and the belt and anchor meeting the Society of Automotive Engineers' specifications.
     (d) The state school bus committee established by IC 20-27-3-1 shall adopt rules under IC 4-22-2 establishing standards and requirements for safety belts and attachments to safety belts for use in school buses.
SOURCE: IC 9-19-10-7; (07)MO123711.10. -->     SECTION 10. IC 9-19-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) Failure to comply with section 1, 2, 2.3, 3, or 4 of this chapter does not constitute fault under IC 34-51-2 and does not limit the liability of an insurer.
    (b) Except as provided in subsection (c), evidence of the failure to comply with section 1, 2, 2.3, 3, or 4 of this chapter may not be admitted in a civil action to mitigate damages.
    (c) Evidence of a failure to comply with this chapter may be admitted in a civil action as to mitigation of damages in a product liability action involving a motor vehicle restraint or supplemental restraint system. The defendant in such an action has the burden of proving noncompliance with this chapter and that compliance with this chapter would have reduced injuries, and the extent of the reduction.
SOURCE: IC 9-19-10-8.5; (07)MO123711.11. -->     SECTION 11. IC 9-19-10-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.5. The operator of a school bus who permits a violation of section 2.3(c) of this chapter commits a Class D infraction.
SOURCE: IC 9-19-10-9; (07)MO123711.12. -->     SECTION 12. IC 9-19-10-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. A person who violates section 5 or 6 of this chapter commits a Class C infraction.
SOURCE: IC 20-27-3-4; (07)MO123711.13. -->     SECTION 13. IC 20-27-3-4, AS AMENDED BY P.L.107-2006, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The committee has the following powers:
        (1) The committee may adopt rules under IC 4-22-2 establishing standards for the construction of school buses and special purpose buses, including minimum standards for the construction of school buses and special purpose buses necessary to be issued a:
            (A) valid certificate of inspection decal; and
            (B) temporary certificate of inspection decal described in IC 20-27-7-10.
        (2) Except as provided in subsection (b)(2), the committee may adopt rules under IC 4-22-2 establishing standards for the equipment of school buses and special purpose buses, including minimum standards for the equipment of school buses and special purpose buses necessary to be issued a:
            (A) valid certificate of inspection decal; and
            (B) temporary certificate of inspection decal described in IC 20-27-7-10.
        (3) The committee may adopt rules under IC 4-22-2 specifying the minimum standards that must be met to avoid the issuance of an out-of-service certificate of inspection decal.
        (4) The committee may provide for the inspection of all school buses and special purpose buses, new or old, that are offered for sale, lease, or contract.
        (5) The committee may provide for the annual inspection of all school buses and special purpose buses and the issuance of certificate of inspection decals.
        (6) The committee may maintain an approved list of school buses and special purpose buses that have passed inspection tests under subdivision (4) or (5).
        (7) The committee may, subject to approval by the state board of accounts, prescribe standard forms for school bus driver contracts.
        (8) The committee may hear appeals brought under IC 20-27-7-15.
    (b) The committee shall adopt rules under IC 4-22-2 to:
         (1) set performance standards and measurements for determining the physical ability necessary for an individual to be a school bus driver; and
        (2) establish standards and requirements for safety belts and attachments to safety belts for use in school buses as required under IC 9-19-10-6(d).

    (c) The certificate of inspection decals shall be issued to correspond with each school year. Each certificate of inspection decal expires on September 30 following the school year in which the certificate of inspection decal is effective. However, for buses that are described in IC 20-27-7-7, the certificate of inspection decal expires on a date that is not later than seven (7) months after the date of the first inspection for the particular school year.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1237 as introduced.)

________________________________________

Representative Stutzman


MO123711/DI 103     2007