SB 310-1_ Filed 02/12/2009, 09:32 Broden

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 310 be amended to read as follows:

SOURCE: Page 2, line 5; (09)MO031001.2. -->     Page 2, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 27-8-9-9.5; (09)MO031001.2. -->     "SECTION 2. IC 27-8-9-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9.5. (a) As used in this section, "rental agreement" means a written contract:
        (1) that authorizes a renter to use a motor vehicle made available by a rental company;
        (2) under which a charge for use of the motor vehicle is made at a periodic rate; and
        (3) under which title to the motor vehicle is not transferred to the renter.
    (b) If:
        (1) a claim arises from the operation of a motor vehicle that is rented under a rental agreement; and
        (2) under the rental agreement, the renter agrees to provide insurance coverage for damage resulting from the renter's operation of the motor vehicle;
the insurance coverage provided by the renter is primary.
    (c) A claim described in subsection (b) may not be made by the rental company against any insurance coverage available for the motor vehicle until the limits of the insurance coverage provided by the renter are exhausted.
    (d) If:
        (1) a claim arises from the operation of a motor vehicle that is:
            (A) used in the business of transporting property for hire; and
            (B) rented under a rental agreement; and
        (2) under the rental agreement, the rental company and renter agree as to which of the parties' insurance coverage is primary for damage resulting from the renter's operation of

the motor vehicle;
the agreed upon primary insurance coverage is primary.
    (e) A claim described in subsection (d) may not be made against any insurance coverage available for the motor vehicle until the limits of the agreed upon primary insurance coverage are exhausted.
".

SOURCE: Page 2, line 7; (09)MO031001.2. -->     Page 2, between lines 7 and 8, begin a new paragraph and insert:
    " (b) IC 27-8-9-9.5, as added by this act, applies to a claim arising after June 30, 2009.".
    Page 2, line 8, delete "(b)" and insert " (c)".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 310 as printed February 3, 2009.)

________________________________________

Senator BRODEN


MO031001/DI 97
2009