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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Buck


MO033903/DI 96     2008