Introduced Version






SENATE BILL No. 406

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-19-13; IC 20-27-3-6.5; IC 34-31-9.

Synopsis: Use of school bus safety belts. Requires that the state school bus committee adopt and enforce rules to require that a person operating a school bus equipped with safety belts provide instruction to the passengers on the school bus at least one time a semester on the proper fastening of the safety belt about the passenger's body, and that the failure to provide the instruction subjects: (1) an employee of a school corporation to removal from employment; and (2) a person operating a school bus under contract to cancellation of the contract. Provides that a school corporation or an employee of, volunteer for, or independent contractor who performs services for a school corporation is not liable for an injury to or the death of a passenger on a school bus equipped with safety belts if the passenger: (1) was required to and instructed on the proper way to wear a safety belt and the injury to or death of the passenger was caused by the passenger not wearing a safety belt or wearing a safety belt in an improper manner; or (2) was not required to wear a safety belt and the injury to or death of the passenger was caused by the passenger wearing a safety belt in an improper manner.

Effective: July 1, 2011.





Rogers




    January 11, 2011, read first time and referred to Committee on Education and Career Development.







Introduced

First Regular Session 117th General Assembly (2011)


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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SENATE BILL No. 406



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-19-13-2; (11)IN0406.1.1. -->     SECTION 1. IC 9-19-13-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. An officer or employee of a school corporation who:
        (1) violates any of the rules, including those adopted as required by IC 20-27-3-6.5, adopted by the state school bus committee concerning the design and operation of school buses; or
        (2) fails to include an obligation to comply with those rules in a contract executed by the officer or employee on behalf of a school corporation;
is guilty of misconduct and subject to removal from office or employment.
SOURCE: IC 9-19-13-3; (11)IN0406.1.2. -->     SECTION 2. IC 9-19-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. A person operating a school bus under contract with a school corporation who fails to comply with any of the rules, including those adopted as required by IC 20-27-3-6.5, adopted by the state school bus committee concerning

the design and operation of school buses is guilty of breach of contract. The contract may be canceled after notice and hearing by responsible officers of the school corporation.

SOURCE: IC 20-27-3-6.5; (11)IN0406.1.3. -->     SECTION 3. IC 20-27-3-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6.5. The committee shall adopt and enforce rules under IC 4-22-2 to require that a person operating a school bus that is equipped with safety belts meeting the standards set forth in IC 9-19-10-2 provide instruction to the passengers on the school bus at least one (1) time a semester on the proper fastening of the safety belt about the passenger's body.
SOURCE: IC 34-31-9; (11)IN0406.1.4. -->     SECTION 4. IC 34-31-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 9. Limited Liability of School Corporations for Damages Caused by School Bus Safety Belt Use
    Sec. 1. As used in this chapter, "school bus" means a motor vehicle that is:
        (1) designed and constructed for the accommodation of passengers;
        (2) used for the transportation of Indiana school children;
        (3) operated by or on behalf of a school corporation; and
        (4) equipped with safety belts.
    Sec. 2. As used in this chapter, "school corporation" means any of the following:
        (1) A local public school corporation established under Indiana law.
        (2) A charter school established under IC 20-24.
    Sec. 3. A school corporation or an employee of, volunteer for, or independent contractor who performs services for a school corporation is not liable for an injury to or the death of a passenger on a school bus if:
        (1) the:
            (A) passenger was:
                (i) required by the school corporation or the employee, volunteer, or independent contractor to wear a safety belt; and
                (ii) instructed by the school corporation or the employee, volunteer, or independent contractor on the proper way to wear the safety belt at least once before being a passenger on the school bus; and
            (B) injury to or death of the passenger was caused by the

passenger:
                (i) not wearing a safety belt; or
                (ii) wearing a safety belt in an improper manner; or
        (2) the:
            (A) passenger was not required by the school corporation or the employee, volunteer, or independent contractor to wear a safety belt; and
            (B) injury to or death of the passenger was caused by the passenger wearing a safety belt in an improper manner.