HB 1237-11_ Filed 02/13/2007, 10:53 Ruppel


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    WITHDRAWN        Noes _______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 Page2, line 23; (07)MO123712.Page2. -->     Page2, line 23, reset in roman "(a)".
    Page 2, line 23, reset in roman "except".
    Page 2, line 24, reset in roman "as provided in subsection (b),".
    Page 2, line 27, reset in roman "(b) For purposes of IC 9-19-10, the term includes buses,".
    Page 2, line 28, reset in roman "private buses, and".
    Page 2, line 29, after "vehicles." insert " buses used to carry passengers for hire, and excludes buses used for public transportation.".
    Page 3, after line 17, begin a new paragraph and insert:
SOURCE: IC 9-19-10-2.4; (07)MO123712.8. -->     "SECTION 8. IC 9-19-10-2.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.4. (a) This section applies beginning July 1, 2009.
     (b) A bus, a private bus, or a bus used to carry passengers for hire that is initially placed into service after June 30, 2009, must be equipped, for each occupant, with a safety belt meeting the specifications and requirements established by the bureau under section 6(b) of this chapter.
    (c) Each occupant of a bus described in subsection (b) shall have a safety belt properly fastened about the occupant's body at all times when the bus is in forward motion.

SOURCE: IC 9-19-10-7; (07)MO123712.9. -->     SECTION 9. 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, 2.4, 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, 2.4, 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 9-19-10-8.6; (07)MO123712.10. -->     SECTION 10. IC 9-19-10-8.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.6. The operator of a bus, a private bus, or a bus used to carry passengers for hire who permits a violation of section 2.4(c) of this chapter commits a Class D infraction.
SOURCE: IC 9-19-10-9; (07)MO123712.11. -->     SECTION 11. 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.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1237 as printed February 9, 2007.)

________________________________________

Representative Ruppel


MO123712/DI 103     2007