SB 339-7_ Filed 02/26/2008, 07:07 Buck
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 339 be amended to read as follows:
SOURCE: Page 9, line 12; (08)MO033903.9. -->
Page 9, line 12, after "employees." insert " A damaged or removed
whistle post must be repaired or replaced by the railroad not more
than forty-eight (48) hours after notification to the railroad of the
damage or removal.".
Page 10, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 8-6-4-2; (08)MO033903.5. -->
"SECTION 5. IC 8-6-4-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. Every engineer or other person
in charge of or operating any such engine, who shall fail or neglect to
comply with the provisions of section 1 of this chapter, shall be held
personally liable therefor to the State of Indiana, in a penalty of not less
than ten dollars ($10.00) nor more than fifty dollars ($50.00), to be
recovered in a civil action, at the suit of said state, in the circuit or
superior court of any county wherein such crossing may be located; and
a railroad company that violates the provisions of IC 1971, 8-6-4-1(b)
section 1(b) or 1(c) of this chapter shall be held liable therefor to the
State of Indiana, in a penalty of not less than two hundred fifty dollars
($250) nor more than five thousand dollars ($5,000), to be recovered
in a civil action, at the suit of said state, in the circuit or superior court
of any county wherein such crossing may be located; and the company
in whose employ such enginner engineer or person may be, as well as
the person himself, shall be liable in damages to any person, or his
representatives, who may be injured in property or person, or to any
corporation that may be injured in property, by the neglect or failure of
said engineer or other person as aforesaid.".
SOURCE: Page 20, line 6; (08)MO033903.20. -->
Page 20, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 34-30-2-24.4; (08)MO033903.18. -->
"SECTION 18. IC 34-30-2-24.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 24.4.
IC 8-6-4-1(e)
IC 8-6-4-1(f) (Concerning a railroad company and its employees for
injury or property damage resulting from certain accidents).".
Renumber all SECTIONS consecutively.
(Reference is to ESB 339 as printed February 22, 2008.)
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MO033903/DI 96 2008