Indiana 2025 Regular Session

Indiana House Bill HB1100 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1100
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-6-2-44.5; IC 34-13-3.
7	7	Synopsis: Limited liability for obstacle course operators. Provides that
8	8	a governmental entity operating an activity on land leased by the
9	9	governmental entity from the federal government is entitled to certain
10	10	immunities from a tort claim. Expands the definition of "extreme sport
11	11	area" to include an obstacle course.
12	12	Effective: July 1, 2025.
13	13	Mayfield, Davis, Greene
14	14	January 8, 2025, read first time and referred to Committee on Judiciary.
15	15	2025 IN 1100—LS 6535/DI 149 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1100
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning civil
28	28	procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 34-6-2-44.5 IS AMENDED TO READ AS
31	31	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 44.5. (a) "Extreme
32	32	3 sport area", for purposes of IC 34-13-3, means:
33	33	4 (1) an indoor or outdoor ramp, course, or area specifically
34	34	5 designated for the exclusive recreational or sporting use of one (1)
35	35	6 or more types of extreme sport equipment; or
36	36	7 (2) an obstacle course, including all physical challenges within
37	37	8 the course.
38	38	9 (b) The term does not include property used at any time as a public
39	39	10 sidewalk, footpath, vehicle parking lot, multiple use trail, multiple use
40	40	11 greenway, or other public way.
41	41	12 SECTION 2. IC 34-13-3-2, AS AMENDED BY P.L.111-2021,
42	42	13 SECTION 102, IS AMENDED TO READ AS FOLLOWS
43	43	14 [EFFECTIVE JULY 1, 2025]: Sec. 2. This chapter applies to a claim
44	44	15 or suit in tort against any of the following:
45	45	16 (1) The bureau of motor vehicles commission established by
46	46	17 IC 9-14-9-1.
47	47	2025 IN 1100—LS 6535/DI 149 2
48	48	1 (2) A member of the bureau of motor vehicles commission board
49	49	2 established under IC 9-14-9-2.
50	50	3 (3) An employee of the bureau of motor vehicles commission.
51	51	4 (4) A member of the driver education advisory board established
52	52	5 by IC 9-27-6-5.
53	53	6 (5) An approved postsecondary educational institution (as defined
54	54	7 in IC 21-7-13-6(a)(1)), or an association acting on behalf of an
55	55	8 approved postsecondary educational institution, that:
56	56	9 (A) shares data with the commission for higher education
57	57	10 under IC 21-12-12-1; and
58	58	11 (B) is named as a defendant in a claim or suit in tort based on
59	59	12 any breach of the confidentiality of the data that occurs after
60	60	13 the institution has transmitted the data in compliance with
61	61	14 IC 21-12-12-1.
62	62	15 (6) The state fair commission established by IC 15-13-2-1.
63	63	16 (7) A member of the state fair commission established by
64	64	17 IC 15-13-2-1 or an employee of the state fair commission.
65	65	18 (8) The state fair board established by IC 15-13-5-1.
66	66	19 (9) A member of the state fair board established by IC 15-13-5-1.
67	67	20 (10) A governmental entity that operates an activity on land
68	68	21 leased by the governmental entity from the federal
69	69	22 government.
70	70	23 SECTION 3. IC 34-13-3-3, AS AMENDED BY P.L.135-2023,
71	71	24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72	72	25 JULY 1, 2025]: Sec. 3. (a) A governmental entity or an employee
73	73	26 acting within the scope of the employee's employment is not liable if
74	74	27 a loss results from the following:
75	75	28 (1) The natural condition of unimproved property.
76	76	29 (2) The condition of a reservoir, dam, canal, conduit, drain, or
77	77	30 similar structure when used by a person for a purpose that is not
78	78	31 foreseeable.
79	79	32 (3) The temporary condition of a public thoroughfare or extreme
80	80	33 sport area that results from weather.
81	81	34 (4) The condition of an unpaved road, trail, or footpath, the
82	82	35 purpose of which is to provide access to a recreation or scenic
83	83	36 area.
84	84	37 (5) The design, construction, control, operation, or normal
85	85	38 condition of an extreme sport area, if all entrances to the extreme
86	86	39 sport area are marked with:
87	87	40 (A) a set of rules governing the use of the extreme sport area;
88	88	41 (B) a warning concerning the hazards and dangers associated
89	89	42 with the use of the extreme sport area; and
90	90	2025 IN 1100—LS 6535/DI 149 3
91	91	1 (C) a statement that the extreme sport area may be used only
92	92	2 by persons operating extreme sport equipment, unless the
93	93	3 extreme sport area is an obstacle course under
94	94	4 IC 34-6-2-44.5(a)(2).
95	95	5 This subdivision shall not be construed to relieve a governmental
96	96	6 entity from liability for the continuing duty to maintain extreme
97	97	7 sports areas in a reasonably safe condition.
98	98	8 (6) The initiation of a judicial or an administrative proceeding.
99	99	9 (7) The performance of a discretionary function; however, the
100	100	10 provision of medical or optical care as provided in IC 34-6-2-38
101	101	11 shall be considered as a ministerial act.
102	102	12 (8) The adoption and enforcement of or failure to adopt or
103	103	13 enforce:
104	104	14 (A) a law (including rules and regulations); or
105	105	15 (B) in the case of a public school or charter school, a policy;
106	106	16 unless the act of enforcement constitutes false arrest or false
107	107	17 imprisonment.
108	108	18 (9) An act or omission performed in good faith and without
109	109	19 malice under the apparent authority of a statute which is invalid
110	110	20 if the employee would not have been liable had the statute been
111	111	21 valid.
112	112	22 (10) The act or omission of anyone other than the governmental
113	113	23 entity or the governmental entity's employee.
114	114	24 (11) The issuance, denial, suspension, or revocation of, or failure
115	115	25 or refusal to issue, deny, suspend, or revoke any permit, license,
116	116	26 certificate, approval, order, or similar authorization, where the
117	117	27 authority is discretionary under the law.
118	118	28 (12) Failure to make an inspection, or making an inadequate or
119	119	29 negligent inspection, of any property, other than the property of
120	120	30 a governmental entity, to determine whether the property
121	121	31 complied with or violates any law or contains a hazard to health
122	122	32 or safety.
123	123	33 (13) Entry upon any property where the entry is expressly or
124	124	34 impliedly authorized by law.
125	125	35 (14) Misrepresentation if unintentional.
126	126	36 (15) Theft by another person of money in the employee's official
127	127	37 custody, unless the loss was sustained because of the employee's
128	128	38 own negligent or wrongful act or omission.
129	129	39 (16) Injury to the property of a person under the jurisdiction and
130	130	40 control of the department of correction if the person has not
131	131	41 exhausted the administrative remedies and procedures provided
132	132	42 by section 7 of this chapter.
133	133	2025 IN 1100—LS 6535/DI 149 4
134	134	1 (17) Injury to the person or property of a person under supervision
135	135	2 of a governmental entity and who is:
136	136	3 (A) on probation;
137	137	4 (B) assigned to an alcohol and drug services program under
138	138	5 IC 12-23, a minimum security release program under
139	139	6 IC 11-10-8, a pretrial conditional release program under
140	140	7 IC 35-33-8, or a community corrections program under
141	141	8 IC 11-12; or
142	142	9 (C) subject to a court order requiring the person to be escorted
143	143	10 by a county police officer while on or in a government
144	144	11 building (as defined in IC 36-9-13-3) owned by a county
145	145	12 building authority under IC 36-9-13, unless the injury is the
146	146	13 result of an act or omission amounting to:
147	147	14 (i) gross negligence;
148	148	15 (ii) willful or wanton misconduct; or
149	149	16 (iii) intentional misconduct.
150	150	17 (18) Design of a highway (as defined in IC 9-13-2-73), toll road
151	151	18 project (as defined in IC 8-15-2-4(4)), tollway (as defined in
152	152	19 IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
153	153	20 claimed loss occurs at least twenty (20) years after the public
154	154	21 highway, toll road project, tollway, or project was designed or
155	155	22 substantially redesigned; except that this subdivision shall not be
156	156	23 construed to relieve a responsible governmental entity from the
157	157	24 continuing duty to provide and maintain public highways in a
158	158	25 reasonably safe condition.
159	159	26 (19) Development, adoption, implementation, operation,
160	160	27 maintenance, or use of an enhanced emergency communication
161	161	28 system.
162	162	29 (20) Injury to a student or a student's property by an employee of
163	163	30 a school corporation if the employee is acting reasonably under a:
164	164	31 (A) discipline policy adopted under IC 20-33-8-12; or
165	165	32 (B) restraint and seclusion plan adopted under IC 20-20-40-14.
166	166	33 (21) An act or omission performed in good faith under the
167	167	34 apparent authority of a court order described in IC 35-46-1-15.1
168	168	35 or IC 35-46-1-15.3 that is invalid, including an arrest or
169	169	36 imprisonment related to the enforcement of the court order, if the
170	170	37 governmental entity or employee would not have been liable had
171	171	38 the court order been valid.
172	172	39 (22) An act taken to investigate or remediate hazardous
173	173	40 substances, petroleum, or other pollutants associated with a
174	174	41 brownfield (as defined in IC 13-11-2-19.3) unless:
175	175	42 (A) the loss is a result of reckless conduct; or
176	176	2025 IN 1100—LS 6535/DI 149 5
177	177	1 (B) the governmental entity was responsible for the initial
178	178	2 placement of the hazardous substances, petroleum, or other
179	179	3 pollutants on the brownfield.
180	180	4 (23) The operation of an off-road vehicle (as defined in
181	181	5 IC 14-8-2-185) by a nongovernmental employee, or by a
182	182	6 governmental employee not acting within the scope of the
183	183	7 employment of the employee, on a public highway in a county
184	184	8 road system outside the corporate limits of a city or town, unless
185	185	9 the loss is the result of an act or omission amounting to:
186	186	10 (A) gross negligence;
187	187	11 (B) willful or wanton misconduct; or
188	188	12 (C) intentional misconduct.
189	189	13 This subdivision shall not be construed to relieve a governmental
190	190	14 entity from liability for the continuing duty to maintain highways
191	191	15 in a reasonably safe condition for the operation of motor vehicles
192	192	16 licensed by the bureau of motor vehicles for operation on public
193	193	17 highways.
194	194	18 (24) Any act or omission rendered in connection with a request,
195	195	19 investigation, assessment, or opinion provided under
196	196	20 IC 36-9-28.7.
197	197	21 (b) This subsection applies to a cause of action that accrues during
198	198	22 a period of a state disaster emergency declared under IC 10-14-3-12 to
199	199	23 respond to COVID-19, if the state of disaster emergency was declared
200	200	24 after February 29, 2020, and before April 1, 2022. A governmental
201	201	25 entity or an employee acting within the scope of the employee's
202	202	26 employment is not liable for an act or omission arising from COVID-19
203	203	27 unless the act or omission constitutes gross negligence, willful or
204	204	28 wanton misconduct, or intentional misrepresentation. If a claim
205	205	29 described in this subsection is:
206	206	30 (1) a claim for injury or death resulting from medical malpractice;
207	207	31 and
208	208	32 (2) not barred by the immunity provided under this subsection;
209	209	33 the claimant is required to comply with all of the provisions of
210	210	34 IC 34-18 (medical malpractice act).
211	211	2025 IN 1100—LS 6535/DI 149