Text of IN HB 1250 (2009)

C o p y 2009 IN 1250—LS 7109/DI 107+ Introduced Version HOUSE BILL No. 1250 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 1-1-4-5; IC 4-15; IC 5-16-6-1; IC 5-28-21-7; IC 7.1-3; IC 8-23-2-3; IC 10-13-3-1; IC 10-16-8-15; IC 12-20-5.5-1; IC 12-30; IC 16-23-1-21; IC 20-24-2-2; IC 20-24.5-3-5; IC 20-33-1; IC 20-42-3-10; IC 21-11-6-1; IC 21-17-3-17; IC 21-40-2; IC 22-9; IC 22-9.5; IC 24-9-3-9; IC 27-2; IC 27-7-12-7; IC 31-9-2-51; IC 31-19-8-6; IC 33-28-5-18; IC 33-41-1-2; IC 35-46-2; IC 36-9-4-37. Synopsis: Civil rights. Extends antidiscrimination and civil rights statutes to include prohibiting discrimination based on sexual orientation, gender identity, national origin, age, disability, and ancestry. Effective: July 1, 2009. Sullivan January 12, 2009, read first time and referred to Committee on Public Policy. C o p y 2009 IN 1250—LS 7109/DI 107+ Introduced First Regular Session 116th General Assembly (2009) 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. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly. HOUSE BILL No. 1250 A BILL FOR AN ACT to amend the Indiana Code concerning general provisions. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 1-1-4-5 IS AMENDED TO READ AS FOLLOWS 2 [EFFECTIVE JULY 1, 2009]: Sec. 5. The following definitions apply 3 to the construction of all Indiana statutes, unless the construction is 4 plainly repugnant to the intent of the general assembly or of the context 5 of the statute: 6 (1) "Adult", "of full age", and "person in his "age of majority" 7 mean refer to a person at least eighteen (18) years of age. 8 (2) "Attorney" includes a counselor or other person authorized to 9 appear and represent a party in an action or special proceeding. 10 (3) "Autism" means a neurological condition as described in the 11 most recent edition of the Diagnostic and Statistical Manual of 12 Mental Disorders of the American Psychiatric Association. 13 (4) "Bond" does not necessarily imply a seal. 14 (5) "Clerk" means the clerk of the court or a person authorized to 15 perform the clerk's duties. 16 (6) "Gender identity" means an individual's self identification 17 as a male or a female, regardless of the individual's biological C o p y 2 2009 IN 1250—LS 7109/DI 107+ 1 sex. 2 (6) (7) "Health record", "hospital record", or "medical record" 3 means written or printed information possessed by a provider (as 4 defined in IC 16-18-2-295) concerning any diagnosis, treatment, 5 or prognosis of the patient, unless otherwise defined. Except as 6 otherwise provided, the terms include mental health records and 7 drug and alcohol abuse records. 8 (7) (8) "Highway" includes county bridges and state and county 9 roads, unless otherwise expressly provided. 10 (8) (9) "Infant" or "minor" means a person less than eighteen (18) 11 years of age. 12 (9) (10) "Inhabitant" may be construed to mean a resident in any 13 place. 14 (10) (11) "Judgment" means all final orders, decrees, and 15 determinations in an action and all orders upon which executions 16 may issue. 17 (11) (12) "Land", "real estate", and "real property" include lands, 18 tenements, and hereditaments. 19 (12) (13) "Mentally incompetent" means of unsound mind. 20 (13) (14) "Money demands on contract", when used in reference 21 to an action, means an action arising out of contract when the 22 relief demanded is a recovery of money. 23 (14) (15) "Month" means a calendar month, unless otherwise 24 expressed. 25 (15) (16) "Noncode statute" means a statute that is not codified as 26 part of the Indiana Code. 27 (16) (17) "Oath" includes "affirmation", and "to swear" includes 28 to affirm. 29 (17) (18) "Person" extends to bodies politic and corporate. 30 (18) (19) "Personal property" includes goods, chattels, evidences 31 of debt, and things in action. 32 (19) (20) "Population" has the meaning set forth in IC 1-1-3.5-3. 33 (20) (21) "Preceding" and "following", referring to sections in 34 statutes, mean the sections next preceding or next following that 35 in which the words occur, unless some other section is designated. 36 (21) (22) "Property" includes personal and real property. 37 (22) (23) "Sheriff" means the sheriff of the county or another 38 person authorized to perform sheriff's duties. 39 (23) (24) "State", applied to any one of the United States, includes 40 the District of Columbia and the commonwealths, possessions, 41 states in free association with the United States, and the 42 territories. "United States" includes the District of Columbia and C o p y 3 2009 IN 1250—LS 7109/DI 107+ 1 the commonwealths, possessions, states in free association with 2 the United States, and the territories. 3 (24) (25) "Under legal disabilities" includes persons less than 4 eighteen (18) years of age, mentally incompetent, or out of the 5 United States. 6 (25) (26) "Verified", when applied to pleadings, means supported 7 by oath or affirmation in writing. 8 (26) (27) "Will" includes a testament and codicil. 9 (27) (28) "Without relief" in any judgment, contract, execution, 10 or other instrument of writing or record, means without the 11 benefit of valuation laws. 12 (28) (29) "Written" and "in writing" include printing, 13 lithographing, or other mode of representing words and letters. If 14 the written signature of a person is required, the terms mean the 15 proper handwriting of the person or the person's mark. 16 (29) (30) "Year" means a calendar year, unless otherwise 17 expressed. 18 (30) (31) The definitions in IC 35-41-1 apply to all statutes 19 relating to penal offenses. 20 SECTION 2. IC 4-15-2-35, AS AMENDED BY P.L.222-2005, 21 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2009]: Sec. 35. (a) This section does not apply to an employee 23 who has been suspended or terminated by the ethics commission. 24 (b) Any regular employee may file a complaint if the employee's 25 status of employment is involuntarily changed or if the employee 26 deems conditions of employment to be unsatisfactory. However, the 27 complaint procedure shall be initiated as soon as possible after the 28 occurrence of the act or condition complained of and in no event shall 29 be initiated more than thirty (30) calendar days after the employee is 30 notified of a change in the status of employment or after an 31 unsatisfactory condition of employment is created. Failure to initiate 32 the complaint procedure within this time period shall render the 33 complaint procedure unavailable to the employee. The following 34 complaint procedure shall be followed: 35 Step I: The complaint procedure shall be initiated by a discussion of 36 the complaint by the employee and the employee's immediate 37 supervisor and, if a mutually satisfactory settlement has not been made 38 within two (2) consecutive working days, the complaint may be 39 referred to Step II. 40 Step II: The complaint shall be reduced to writing and presented to 41 the intermediate supervisor. If a mutually satisfactory settlement has 42 not been reached within four (4) consecutive working days, such C o p y 4 2009 IN 1250—LS 7109/DI 107+ 1 complaint may then be referred to the appointing authority. 2 Step III: The appointing authority or the appointing authority's 3 designee shall hold a hearing, if necessary, and conduct whatever 4 investigation the appointing authority or the appointing authority's 5 designee considers necessary to render a decision. The appointing 6 authority or the appointing authority's designee must render a decision 7 in writing not later than ten (10) business days from the date of the 8 hearing, if applicable, or close of the investigation, whichever occurs 9 later. 10 If the appointing authority or the appointing authority's designee 11 does not find in favor of the employee, the complaint may be submitted 12 within fifteen (15) calendar days to the state personnel director. The 13 director or the director's designee shall review the complaint and render 14 a decision not later than fifteen (15) calendar days after the director or 15 the director's designee receives the complaint. If the decision is not 16 agreeable to the employee, an appeal may be submitted by the 17 employee in writing to the commission not later than fifteen (15) 18 calendar days from the date the employee has been given notice of the 19 action taken by the personnel director or the director's designee. After 20 submission of the appeal, the commission shall, prior to rendering its 21 decision, grant the appealing employee and the appointing authority a 22 public hearing, with the right to be represented and to present evidence. 23 With respect to all appeals, the commission shall render its decision 24 within thirty (30) days after the date of the hearing on the appeal. If the 25 commission finds that the action against the employee was taken on the 26 basis of politics, religion, sex, age, race, sexual orientation, gender 27 identity, ancestry, disability, or national origin, or because of 28 membership in an employee organization, the employee shall be 29 reinstated without loss of pay. In all other cases the appointing 30 authority shall follow the recommendation of the commission, which 31 may include reinstatement and payment of salary or wages lost by the 32 employee, which may be mitigated by any wages the employee earned 33 from other employment during a dismissed or suspended period. 34 If the recommendation of the commission is not agreeable to the 35 employee, the employee, within fifteen (15) calendar days from receipt 36 of the commission recommendation, may elect to submit the complaint 37 to arbitration. The cost of arbitration shall be shared equally by the 38 employee and the state of Indiana. The commissioner of labor shall 39 prepare a list of three (3) impartial individuals trained in labor 40 relations, and from this list each party shall strike one (1) name. The 41 remaining arbitrator shall consider the issues which were presented to 42 the commission and shall afford the parties a public hearing with the C o p y 5 2009 IN 1250—LS 7109/DI 107+ 1 right to be represented and to present evidence. The arbitrator's 2 findings and recommendations shall be binding on both parties and 3 shall immediately be instituted by the commission. 4 SECTION 3. IC 4-15-2-35.5, AS AMENDED BY P.L.1-2006, 5 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2009]: Sec. 35.5. (a) This section applies only to an employee 7 who has been suspended or terminated by the ethics commission. 8 (b) An employee who has been suspended or terminated by the 9 ethics commission may request that the ethics commission reconsider 10 its decision by filing a written petition for reconsideration with the 11 ethics commission not later than fifteen (15) days after the date on 12 which the employee was suspended or terminated. The employee must 13 include in the petition for reconsideration a concise statement of the 14 reasons that the employee believes that the termination or suspension 15 was erroneous. 16 (c) After receipt of the petition for reconsideration, the ethics 17 commission shall set the matter for hearing. At the hearing, the 18 employee is entitled to the due process protections of IC 4-21.5, 19 including the right to: 20 (1) be represented by counsel; 21 (2) present relevant evidence; and 22 (3) cross-examine opposing witnesses. 23 (d) The ethics commission shall rule on the petition for 24 reconsideration not later than thirty (30) days from the date of the 25 hearing. The ethics commission may: 26 (1) affirm its decision to suspend or terminate the employee; 27 (2) modify its decision to suspend or terminate the employee by: 28 (A) reducing the term of suspension; or 29 (B) vacating its order for termination and imposing a term of 30 suspension; or 31 (3) vacate its order to suspend or terminate the employee. 32 (e) If the ethics commission vacates its order to suspend or 33 terminate the employee under subsection (d)(3), the ethics commission 34 may order the payment of all or part of the wages lost by the employee 35 during the period of suspension or termination. 36 (f) Unless the ethics commission orders otherwise, the pendency of 37 a petition for reinstatement does not stay the order for termination or 38 suspension. 39 (g) An employee who has filed a petition for reconsideration may 40 not file a second or subsequent petition for reconsideration. 41 (h) If the ruling by the ethics commission on the employee's petition 42 for reconsideration is not agreeable to the employee, the employee may C o p y 6 2009 IN 1250—LS 7109/DI 107+ 1 submit an appeal in writing to the commission not later than fifteen 2 (15) calendar days after the date of the ruling by the ethics commission 3 on the petition for reconsideration. After submission of the appeal, the 4 commission shall, before rendering its decision, grant the appealing 5 employee and the ethics commission a public hearing, with the right to 6 be represented and to present evidence. With respect to all appeals, the 7 commission shall render its decision within thirty (30) days after the 8 date of the hearing on the appeal. If the commission finds that the 9 action against the employee was taken on the basis of politics, religion, 10 sex, age, race, sexual orientation, gender identity, or disability, or 11 because of membership in an employee organization, the employee 12 shall be reinstated without loss of pay. In all other cases the ethics 13 commission shall follow the recommendation of the commission, 14 which may include reinstatement and payment of salary or wages lost 15 by the employee, which may be mitigated by any wages the employee 16 earned from other employment during a period when the employee was 17 dismissed or suspended. 18 (i) If the recommendation of the commission under subsection (h) 19 is not agreeable to the employee, not later than fifteen (15) calendar 20 days after receipt of the commission's recommendation, the employee 21 may elect to submit the complaint to arbitration. The cost of arbitration 22 shall be shared equally by the employee and the state of Indiana. The 23 commissioner of labor shall prepare a list of three (3) impartial 24 individuals trained in labor relations, and from this list each party shall 25 strike one (1) name. The remaining arbitrator shall consider the issues 26 that were presented to the commission and shall afford the parties a 27 public hearing with the right to be represented and to present evidence. 28 The arbitrator's findings and recommendations shall be binding on both 29 parties and shall immediately be instituted by the commission. 30 SECTION 4. IC 4-15-3-2 IS AMENDED TO READ AS FOLLOWS 31 [EFFECTIVE JULY 1, 2009]: Sec. 2. Appointments to and promotions 32 in engineering positions in the engineering service of any department, 33 commission, bureau, board, or division of the state of Indiana shall be 34 made only according to merit and fitness. No person in the engineering 35 service of any department, commission, bureau, board, or division of 36 the state of Indiana or seeking admission thereto, shall be appointed, 37 promoted, or in any way favored or discriminated against because of 38 his the person's race, religion, color, sex, sexual orientation, gender 39 identity, national origin, age, disability, or ancestry. 40 SECTION 5. IC 4-15-12-2 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. The state is 42 committed to an affirmative action policy that includes the C o p y 7 2009 IN 1250—LS 7109/DI 107+ 1 establishment of employment policies and conditions that ensure the 2 elimination of underutilization of qualified members of affected classes 3 and the elimination of discrimination on the basis of race, or color, 4 religion, national origin, or ancestry, age, sex, sexual orientation, 5 gender identity, and disability. 6 SECTION 6. IC 5-16-6-1 IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2009]: Sec. 1. Every contract for or on behalf 8 of the state of Indiana or any of the municipal corporations thereof, for 9 the construction, alteration, or repair of any public building or public 10 work in the state of Indiana shall contain provisions by which the 11 contractor agrees: 12 (a) (1) that in the hiring of employees for the performance of work 13 under this contract or any subcontract hereunder, no contractor, 14 or subcontractor, nor any person acting on behalf of such 15 contractor or subcontractor, shall, by reason of race, religion, 16 color, sex, sexual orientation, gender identity, national origin, 17 age, disability, or ancestry, discriminate against any citizen of the 18 state of Indiana who is qualified and available to perform the 19 work to which the employment relates; 20 (b) (2) that no contractor, subcontractor, nor any person on his 21 behalf of the contractor or the subcontractor shall, in any 22 manner, discriminate against or intimidate any employee hired for 23 the performance of work under this contract on account of race, 24 religion, color, sex, sexual orientation, gender identity, national 25 origin, age, disability, or ancestry; 26 (c) (3) that there may be deducted from the amount payable to the 27 contractor by the state of Indiana or by any municipal corporation 28 thereof, under this contract, a penalty of five dollars ($5.00) ($5) 29 for each person for each calendar day during which such person 30 was discriminated against or intimidated in violation of the 31 provisions of the contract; and 32 (d) (4) that this contract may be cancelled canceled or terminated 33 by the state of Indiana or by any municipal corporation thereof, 34 and all money due or to become due hereunder may be forfeited, 35 for a second or any subsequent violation of the terms or 36 conditions of this section of the contract. 37 SECTION 7. IC 5-28-21-7, AS ADDED BY P.L.4-2005, SECTION 38 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 39 2009]: Sec. 7. A political subdivision (as defined in IC 36-1-2-13), a 40 nonprofit organization, or a for-profit organization may submit an 41 application to the corporation to obtain a grant, loan, or loan guarantee 42 to establish a small business incubator. The application must: C o p y 8 2009 IN 1250—LS 7109/DI 107+ 1 (1) describe the facility that is to be converted to an incubator; 2 (2) specify the cost of the conversion; 3 (3) demonstrate the ability of the applicant to directly provide or 4 arrange for the provision of business development services 5 (including financial consulting assistance, management and 6 marketing assistance, and physical services) for tenants of the 7 incubator; 8 (4) demonstrate a potential for sustained use of the incubator by 9 eligible tenants through a market study or other means; 10 (5) demonstrate the ability of the applicant to operate the 11 incubator in accordance with section 19 of this chapter; 12 (6) state that the applicant will not discriminate against an 13 employee or applicant for employment on the basis of race, 14 religion, color, national origin, ancestry, sex, sexual orientation, 15 gender identity, disability, or age; and 16 (7) include any other information required by the corporation. 17 SECTION 8. IC 7.1-3-4-7 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) Notwithstanding 19 any other law, a beer retailer may limit sales to the following: 20 (1) Persons that the retailer selects to have access to the retailer's 21 facilities and services in return for payment of an annual fee to the 22 retailer. 23 (2) Guests of a person described in subdivision (1). 24 (b) A beer retailer may call the annual fee described in subsection 25 (a) a membership fee. 26 (c) A beer retailer may call the retailer's premises a club. However, 27 the premises is not a club within the meaning of IC 7.1-3-20-1. 28 (d) This section does not allow a beer retailer to discriminate among 29 persons on the basis of race, sex, age, sexual orientation, gender 30 identity, national origin, ancestry, disability, or religion when 31 selecting persons to have access to the retailer's facilities and services. 32 SECTION 9. IC 7.1-3-9-9.5 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9.5. (a) 34 Notwithstanding any other law, a liquor retailer may limit sales to the 35 following: 36 (1) Persons that the retailer selects to have access to the retailer's 37 facilities and services in return for payment of an annual fee to the 38 retailer. 39 (2) Guests of a person described in subdivision (1). 40 (b) A liquor retailer may call the annual fee described in subsection 41 (a) a membership fee. 42 (c) A liquor retailer may call the retailer's premises a club. However, C o p y 9 2009 IN 1250—LS 7109/DI 107+ 1 the premises is not a club within the meaning of IC 7.1-3-20-1. 2 (d) This section does not allow a liquor retailer to discriminate 3 among persons on the basis of race, sex, sexual orientation, gender 4 identity, age, national origin, ancestry, disability, or religion when 5 selecting persons to have access to the retailer's facilities and services. 6 SECTION 10. IC 7.1-3-14-5 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Notwithstanding 8 any other law, a wine retailer may limit sales to the following: 9 (1) Persons that the retailer selects to have access to the retailer's 10 facilities and services in return for payment of an annual fee to the 11 retailer. 12 (2) Guests of a person described in subdivision (1). 13 (b) A wine retailer may call the annual fee described in subsection 14 (a) a membership fee. 15 (c) A wine retailer may call the retailer's premises a club. However, 16 the premises is not a club within the meaning of IC 7.1-3-20-1. 17 (d) This section does not allow a wine retailer to discriminate 18 among persons on the basis of race, sex, sexual orientation, gender 19 identity, age, national origin, ancestry, disability, or religion when 20 selecting persons to have access to the retailer's facilities and services. 21 SECTION 11. IC 7.1-3-20-8.5 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8.5. (a) As used in this 23 section, "discriminatory practice" means a refusal to provide equal 24 access to and use of services or facilities on the basis of a person's race, 25 or color, sex, sexual orientation, gender identity, national origin, 26 age, disability, or ancestry. However, the term does not include a 27 practice of a club or fraternal club that requires a specific religious 28 affiliation or belief as a condition of membership in the club or 29 fraternal club. 30 (b) To be eligible to hold a club permit under this chapter, a club, 31 fraternal club, or labor organization may not engage in a discriminatory 32 practice. 33 (c) A person may file a complaint with the civil rights commission 34 alleging a discriminatory practice by a club, fraternal club, or labor 35 organization. 36 (d) The civil rights commission shall investigate the allegations in 37 the complaint and, if reasonable cause is found, shall hold a hearing 38 under IC 22-9-1-6 on the complaint. If the civil rights commission finds 39 that a club, fraternal club, or labor organization has engaged in a 40 discriminatory practice, the civil rights commission shall certify the 41 finding to the alcohol and tobacco commission. 42 (e) If a club, fraternal club, or labor organization is found to have C o p y 10 2009 IN 1250—LS 7109/DI 107+ 1 engaged in a discriminatory practice, the commission shall do one (1) 2 or more of the following: 3 (1) Issue a warning to the club, fraternal club, or labor 4 organization. 5 (2) Impose a civil penalty on the club, fraternal club, or labor 6 organization not to exceed one thousand dollars ($1,000). 7 (3) Suspend the club, fraternal club, or labor organization's permit 8 for not more than ninety (90) days. 9 (4) Not issue a new club permit under this chapter if the club, 10 fraternal club, or labor organization does not hold a club permit 11 under this chapter. 12 (5) Revoke an existing club permit. 13 SECTION 12. IC 8-23-2-3 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The department 15 may hire qualified individuals to carry out its responsibilities subject 16 to the budget agency's approval under IC 4-12-1-13 and may prescribe 17 their terms and conditions of employment subject to this section. 18 (b) All employees of the department whose duties require 19 specialized knowledge or skill, acquired by professional or technical 20 education, training, and experience: 21 (1) shall be employed solely on the basis of ability, taking into 22 account their qualifications to perform the duties of their 23 positions; 24 (2) shall be employed regardless of political affiliation; 25 (3) may not be appointed, promoted, reduced, removed, or in any 26 way favored or discriminated against because of their political 27 affiliation, race, religion, color, sex, sexual orientation, gender 28 identity, national origin, age, disability, or ancestry; 29 (4) are ineligible to hold, or be a candidate for, elected office (as 30 defined in IC 3-5-2-17) while employed by the department, except 31 as provided in subsection (h); 32 (5) may not solicit or receive political contributions; 33 (6) may not be required to make contributions for or participate 34 in political activities; 35 (7) shall be employed on a six (6) month probationary period, 36 with a written evaluation prepared after five (5) months of service 37 by their immediate supervisor for the commissioner to determine 38 if employment should continue beyond the probationary period; 39 and 40 (8) shall be evaluated annually in writing by their immediate 41 supervisor for the purpose of advising the commissioner as to 42 whether the employees should remain in their positions. C o p y 11 2009 IN 1250—LS 7109/DI 107+ 1 (c) Highway district managers are and subdistrict superintendents 2 are not subject to subsection (b). A person may not be employed by the 3 department as a highway subdistrict superintendent unless the person 4 has received training or experience in maintaining or constructing 5 roads, highways, and bridges. Highway subdistrict superintendents 6 shall devote full time to the performance of their duties. Highway 7 district managers serve at the pleasure of the commissioner but upon 8 reassignment shall be retained in a position of equal or higher job 9 classification within the department. However, the employee may elect 10 to serve in the next lower job classification within the same district. 11 (d) The appointment or dismissal of the chief highway engineer for 12 the department is at the discretion of the commissioner. The chief 13 highway engineer must be a registered professional engineer and must 14 be a graduate civil engineer or have at least ten (10) years of 15 experience in highway engineering. 16 (e) All employees of the department are subject to IC 4-15-1.8 and 17 the rules that implement IC 4-15-1.8. 18 (f) Subject to this section: 19 (1) all employees of the department are subject to demotion, 20 discipline, dismissal, or transfer at the discretion of the 21 commissioner; and 22 (2) cause for demotion, dismissal, discipline, or transfer may 23 include but is not limited to failure to satisfactorily effectuate the 24 department's transportation plan and work programs. 25 (g) The commissioner may: 26 (1) require an employee or agent of the department to execute and 27 furnish a bond conditioned upon the faithful discharge and 28 performance of the duties of the employee or agent and the 29 accurate accounting of public funds that come into the employee's 30 or agent's control or custody; and 31 (2) prescribe an oath of employment for an employee or agent of 32 the department. 33 (h) Employees described in subsection (b) may: 34 (1) be candidates for: 35 (A) school board office (as defined in IC 3-5-2-45); or 36 (B) precinct committeeman or state convention delegate; 37 and serve in that office if elected; and 38 (2) be appointed to an office described in subdivision (1) and 39 serve in that office if appointed. 40 SECTION 13. IC 10-13-3-1 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. As used in this 42 chapter, "bias crime" means an offense in which the person who C o p y 12 2009 IN 1250—LS 7109/DI 107+ 1 commits the offense knowingly or intentionally: 2 (1) selected the person who was injured; or 3 (2) damaged or otherwise affected property; 4 by the offense because of the color, creed, religion, disability, national 5 origin, ancestry, race, religion, or sex, sexual orientation, age, or 6 gender identity of the injured person or of the owner or occupant of 7 the affected property or because the injured person or owner or 8 occupant of the affected property was associated with any other 9 recognizable group or affiliation. 10 SECTION 14. IC 10-16-8-15 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) Adequate 12 provisions shall be made to allow the enlistment and induction of able 13 bodied citizens of each and all racial groups in Indiana into all 14 branches and departments of the Indiana guard reserve organized to 15 defend and enforce the laws of Indiana. To that end, all racial groups 16 in Indiana are entitled to that representation in each branch or 17 department of the Indiana guard reserve in approximate proportion to 18 the group or groups to the population of Indiana. However, this section 19 or any other statute may not be construed so as to allow racial 20 segregation. 21 (b) Race, or color, religion, sex, sexual orientation, gender 22 identity, national origin, age, disability, or ancestry may not be a 23 cause for excluding the application to serve or the service of any person 24 in any branch of service provided for in this chapter. 25 SECTION 15. IC 12-20-5.5-1, AS AMENDED BY P.L.73-2005, 26 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2009]: Sec. 1. (a) The township trustee shall process all 28 applications for township assistance according to uniform written 29 standards and without consideration of the race, creed, religion, 30 nationality, ancestry, sex, sexual orientation, age, disability, or 31 gender identity of the applicant or any member of the applicant's 32 household. 33 (b) The township's standards for the issuance of township assistance 34 and the processing of applications must be: 35 (1) governed by the requirements of this article; 36 (2) proposed by the township trustee, adopted by the township 37 board, and filed with the board of county commissioners; 38 (3) reviewed and updated annually to reflect changes in the cost 39 of basic necessities in the township and changes in the law; 40 (4) published in a single written document, including addenda 41 attached to the document; and 42 (5) posted in a place prominently visible to the public in all C o p y 13 2009 IN 1250—LS 7109/DI 107+ 1 offices of the township trustee where township assistance 2 applications are taken or processed. 3 SECTION 16. IC 12-30-3-14 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) Admission of all 5 patients and residents to the county home must be on a voluntary basis 6 and without regard to race, religion, color, sex, sexual orientation, 7 gender identity, national origin, age, disability, or ancestry. 8 (b) Recipients of old age assistance and blind assistance shall be 9 admitted to the county home on the same basis and for the same charge 10 as other patients and residents in the county home. There may be no 11 discrimination in the care and treatment of patients and residents of the 12 county home because of the source of the money for the support and 13 care of the patients and residents. 14 SECTION 17. IC 12-30-7-32 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 32. Discrimination may 16 not be made in accommodation, care, or treatment of any patient at a 17 health center established under this chapter because of race, creed, 18 religion, national origin, ancestry, sex, sexual orientation, gender 19 identity, age, disability, or ability to pay. 20 SECTION 18. IC 16-23-1-21 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) The hospital 22 may not discriminate among patients due to the following: 23 (1) Race, color, religion, national origin, ancestry, sexual 24 orientation, gender identity, age, disability, or sex. 25 (2) Occupational, economic, or social status. 26 (3) Political or religious belief or the lack of political or religious 27 belief. 28 (b) The hospital must also be open to all licensed physicians of the 29 county and the patients of licensed physicians on equal terms and under 30 uniform rules. 31 SECTION 19. IC 20-24-2-2, AS ADDED BY P.L.1-2005, 32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2009]: Sec. 2. A charter school is subject to all federal and 34 state laws and constitutional provisions that prohibit discrimination on 35 the basis of the following: 36 (1) Disability. 37 (2) Race. 38 (3) Color. 39 (4) Gender. 40 (5) National origin. 41 (6) Religion. 42 (7) Ancestry. C o p y 14 2009 IN 1250—LS 7109/DI 107+ 1 (8) Sexual orientation. 2 (9) Gender identity. 3 SECTION 20. IC 20-24.5-3-5, AS ADDED BY P.L.2-2007, 4 SECTION 209, IS AMENDED TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) A student who applies for 6 admission to the academy must: 7 (1) be eligible to attend a public school in Indiana; 8 (2) demonstrate exceptional intellectual ability; and 9 (3) demonstrate a commitment to scholarship. 10 (b) A student shall be admitted without regard to sex, race, religion, 11 creed, national origin, ancestry, sexual orientation, gender identity, 12 age, disability, or household income. 13 SECTION 21. IC 20-33-1-1, AS AMENDED BY P.L.3-2008, 14 SECTION 118, IS AMENDED TO READ AS FOLLOWS 15 [EFFECTIVE JULY 1, 2009]: Sec. 1. The following is the public 16 policy of the state: 17 (1) To provide: 18 (A) equal; 19 (B) nonsegregated; and 20 (C) nondiscriminatory; 21 educational opportunities and facilities for all, regardless of race, 22 creed, religion, national origin, ancestry, color, or sex, sexual 23 orientation, or gender identity. 24 (2) To provide and furnish public schools open equally to all, and 25 prohibited and denied to none because of race, creed, color, or 26 religion, national origin, ancestry, sex, sexual orientation, or 27 gender identity. 28 (3) To reaffirm the principles of: 29 (A) the Bill of Rights; 30 (B) civil rights; and 31 (C) the Constitution of the State of Indiana. 32 (4) To provide a uniform democratic system of public school 33 education to the state and the citizens of Indiana. 34 (5) To: 35 (A) abolish; 36 (B) eliminate; and 37 (C) prohibit; 38 segregated and separate schools or school districts on the basis of 39 race, creed, or religion, national origin, ancestry, color, sex, 40 sexual orientation, or gender identity. 41 (6) To eliminate and prohibit: 42 (A) segregation; C o p y 15 2009 IN 1250—LS 7109/DI 107+ 1 (B) separation; and 2 (C) discrimination; 3 on the basis of race, creed, or color, religion, national origin, 4 ancestry, sex, sexual orientation, or gender identity in public 5 schools. 6 SECTION 22. IC 20-33-1-3, AS AMENDED BY P.L.2-2007, 7 SECTION 226, IS AMENDED TO READ AS FOLLOWS 8 [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) The governing body of a 9 school corporation and the board of trustees of a state educational 10 institution may not build or erect, establish, maintain, continue, or 11 permit any segregated or separate public schools, including any public 12 school departments or divisions, on the basis of race, color, creed, or 13 religion, national origin, ancestry, sexual orientation, or gender 14 identity of pupils or students. 15 (b) The officials described in subsection (a) may take any 16 affirmative actions that are reasonable, feasible, and practical to effect 17 greater integration and to reduce or prevent segregation or separation 18 of races in public schools for whatever cause, including: 19 (1) site selection; or 20 (2) revision of: 21 (A) school districts; 22 (B) curricula; or 23 (C) enrollment policies; 24 to implement equalization of educational opportunity for all. 25 (c) A school corporation shall review the school corporation's 26 programs to determine if the school corporation's practices of: 27 (1) separating students by ability; 28 (2) placing students into educational tracks; or 29 (3) using test results to screen students; 30 have the effect of systematically separating students by race, color, 31 creed, religion, national origin, ancestry, sexual orientation, gender 32 identity, or socioeconomic class. 33 SECTION 23. IC 20-33-1-4, AS AMENDED BY P.L.2-2007, 34 SECTION 227, IS AMENDED TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A student is entitled to be 36 admitted and enrolled in a public school in the school corporation in 37 which the student resides without regard to race, creed, religion, color, 38 socioeconomic class, or national origin, ancestry, sexual orientation, 39 or gender identity. 40 (b) A student may not be prohibited, segregated, or denied 41 attendance or enrollment in a public school in the student's school 42 corporation because of the student's race, creed, religion, color, or C o p y 16 2009 IN 1250—LS 7109/DI 107+ 1 national origin, ancestry, sexual orientation, or gender identity. 2 (c) Every student is free to attend a public school, including a 3 department or division of a public school within the laws applicable 4 alike to noncitizen and nonresident students. 5 SECTION 24. IC 20-33-1-5, AS AMENDED BY P.L.2-2007, 6 SECTION 228, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) A public school may not 8 segregate, separate, or discriminate against any of its students on the 9 basis of race, creed, or religion, color, national origin, ancestry, 10 sexual orientation, or gender identity. 11 (b) Admission to a public school may not be approved or denied on 12 the basis of race, creed, or religion, color, national origin, ancestry, 13 sexual orientation, or gender identity. 14 SECTION 25. IC 20-33-1-6, AS AMENDED BY P.L.2-2007, 15 SECTION 229, IS AMENDED TO READ AS FOLLOWS 16 [EFFECTIVE JULY 1, 2009]: Sec. 6. A public school may not 17 discriminate in any way in the hiring, upgrading, tenure, or placement 18 of a teacher on the basis of race, creed, religion, color, or national 19 origin, ancestry, sex, sexual orientation, or gender identity. 20 SECTION 26. IC 20-42-3-10, AS AMENDED BY P.L.3-2008, 21 SECTION 121, IS AMENDED TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2009]: Sec. 10. The trustee, with the advice and 23 consent of the township board, shall use the account for the following 24 educational purposes: 25 (1) Each year the trustee shall pay to the parent or legal guardian 26 of any child whose residence is within the township, the initial 27 cost for the rental of textbooks used in any elementary or 28 secondary school that has been accredited by the state. The 29 reimbursement for the rental of textbooks shall be for the initial 30 yearly rental charge only. Textbooks subsequently lost or 31 destroyed may not be paid for from this account. 32 (2) Students who are residents of the township for the last two (2) 33 years of their secondary education and who still reside within the 34 township are entitled to receive financial assistance in an amount 35 not to exceed an amount determined by the trustee and the 36 township board during an annual review of postsecondary 37 education fees and tuition costs of education at any accredited 38 postsecondary educational institution. Amounts to be paid to each 39 eligible student shall be set annually after this review. The 40 amount paid each year must be: 41 (A) equitable for every eligible student without regard to race, 42 religion, creed, sex, disability, sexual orientation, gender C o p y 17 2009 IN 1250—LS 7109/DI 107+ 1 identity, ancestry, age, or national origin; and 2 (B) based on the number of students and the amount of funds 3 available each year. 4 (3) A person who has been a permanent resident of the township 5 continuously for at least two (2) years and who needs educational 6 assistance for job training or retraining may apply to the trustee 7 of the township for financial assistance. The trustee and the 8 township board shall review each application and make assistance 9 available according to the need of each applicant and the 10 availability of funds. 11 (4) If all the available funds are not used in any one (1) year, the 12 unused funds shall be retained in the account by the trustee for 13 use in succeeding years. 14 SECTION 27. IC 21-11-6-1, AS ADDED BY P.L.2-2007, 15 SECTION 252, IS AMENDED TO READ AS FOLLOWS 16 [EFFECTIVE JULY 1, 2009]: Sec. 1. The commission shall exercise 17 its functions without regard to an applicant's race, creed, religion, sex, 18 sexual orientation, gender identity, age, disability, color, national 19 origin, or ancestry. 20 SECTION 28. IC 21-17-3-17, AS ADDED BY P.L.2-2007, 21 SECTION 258, IS AMENDED TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2009]: Sec. 17. A postsecondary proprietary 23 educational institution's accreditation shall be suspended at any time if 24 the accredited postsecondary proprietary educational institution denies 25 enrollment to a student or makes a distinction or classification of 26 students on the basis of race, color, or creed, religion, sexual 27 orientation, gender identity, national origin, disability, or ancestry. 28 SECTION 29. IC 21-40-2-1, AS ADDED BY P.L.2-2007, 29 SECTION 281, IS AMENDED TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2009]: Sec. 1. The following is the public 31 policy of the state: 32 (1) To provide: 33 (A) equal; 34 (B) nonsegregated; and 35 (C) nondiscriminatory; 36 educational opportunities and facilities for all, regardless of race, 37 creed, religion, national origin, ancestry, color, or sex, sexual 38 orientation, or gender identity. 39 (2) To provide and furnish state educational institutions open 40 equally to all, and prohibited and denied to none because of race, 41 creed, religion, color, or national origin, ancestry, sexual 42 orientation, or gender identity. C o p y 18 2009 IN 1250—LS 7109/DI 107+ 1 (3) To reaffirm the principles of: 2 (A) the Bill of Rights; 3 (B) civil rights; and 4 (C) the Constitution of the State of Indiana. 5 (4) To provide a uniform democratic system of public education 6 to the state and the citizens of Indiana. 7 (5) To: 8 (A) abolish; 9 (B) eliminate; and 10 (C) prohibit; 11 segregated and separate departments or divisions of a state 12 educational institution on the basis of race, creed, or religion, 13 color, national origin, ancestry, sexual orientation, or gender 14 identity. 15 (6) To eliminate and prohibit: 16 (A) segregation; 17 (B) separation; and 18 (C) discrimination; 19 on the basis of race, color, or creed religion, national origin, 20 ancestry, sexual orientation, or gender identity in state 21 educational institutions. 22 SECTION 30. IC 21-40-2-4, AS ADDED BY P.L.2-2007, 23 SECTION 281, IS AMENDED TO READ AS FOLLOWS 24 [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) The board of trustees of a 25 state educational institution may not build or erect, establish, maintain, 26 continue, or permit any segregated or separate state educational 27 institutions on the basis of race, color, creed, or religion, national 28 origin, ancestry, sexual orientation, or gender identity of students. 29 (b) The officials described in subsection (a) may take any 30 affirmative actions that are reasonable, feasible, and practical to effect 31 greater integration and to reduce or prevent segregation or separation 32 of races in state educational institutions for whatever cause, including: 33 (1) site selection; or 34 (2) revision of: 35 (A) districts; 36 (B) curricula; or 37 (C) enrollment policies; 38 to implement equalization of educational opportunity for all. 39 SECTION 31. IC 21-40-2-5, AS ADDED BY P.L.2-2007, 40 SECTION 281, IS AMENDED TO READ AS FOLLOWS 41 [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) A student may not be 42 prohibited, segregated, or denied attendance or enrollment to a state C o p y 19 2009 IN 1250—LS 7109/DI 107+ 1 educational institution because of the student's race, creed, religion, 2 color, or national origin, ancestry, sexual orientation, or gender 3 identity. 4 (b) Every student is free to attend a state educational institution 5 within the laws applicable alike to noncitizen and nonresident students. 6 SECTION 32. IC 21-40-2-6, AS ADDED BY P.L.2-2007, 7 SECTION 281, IS AMENDED TO READ AS FOLLOWS 8 [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A state educational institution 9 may not segregate, separate, or discriminate against any of its students 10 on the basis of race, creed, or religion, color, ancestry, sexual 11 orientation, or gender identity. 12 (b) Admission to a state educational institution may not be approved 13 or denied on the basis of race, creed, or religion, color, ancestry, 14 sexual orientation, or gender identity. 15 SECTION 33. IC 21-40-2-7, AS ADDED BY P.L.2-2007, 16 SECTION 281, IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2009]: Sec. 7. A state educational institution 18 may not discriminate in any way in the hiring, upgrading, tenure, or 19 placement of any teacher on the basis of age, disability, race, creed, 20 religion, color, or national origin, ancestry, sexual orientation, or 21 gender identity. 22 SECTION 34. IC 22-9-1-2 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) It is the public 24 policy of the state to provide all of its citizens equal opportunity for 25 education, employment, access to public conveniences and 26 accommodations, and acquisition through purchase or rental of real 27 property, including but not limited to housing, and to eliminate 28 segregation or separation based solely on race, religion, color, sex, 29 sexual orientation, gender identity, age, disability, national origin, or 30 ancestry, since such segregation is an impediment to equal opportunity. 31 Equal education and employment opportunities and equal access to and 32 use of public accommodations and equal opportunity for acquisition of 33 real property are hereby declared to be civil rights. 34 (b) The practice of denying these rights to properly qualified 35 persons by reason of the race, religion, color, sex, sexual orientation, 36 gender identity, age, disability, national origin, or ancestry of such 37 person persons is contrary to the principles of freedom and equality of 38 opportunity and is a burden to the objectives of the public policy of this 39 state and shall be considered as discriminatory practices. The 40 promotion of equal opportunity without regard to race, religion, color, 41 sex, sexual orientation, gender identity, age, disability, national 42 origin, or ancestry through reasonable methods is the purpose of this C o p y 20 2009 IN 1250—LS 7109/DI 107+ 1 chapter. 2 (c) It is also the public policy of this state to protect employers, 3 labor organizations, employment agencies, property owners, real estate 4 brokers, builders, and lending institutions from unfounded charges of 5 discrimination. 6 (d) It is hereby declared to be contrary to the public policy of the 7 state and an unlawful practice for any person, for profit, to induce or 8 attempt to induce any person to sell or rent any dwelling by 9 representations regarding the entry or prospective entry into the 10 neighborhood of a person or persons of a particular race, religion, 11 color, sex, sexual orientation, gender identity, age, disability, 12 national origin, or ancestry. 13 (e) The general assembly recognizes that on February 16, 1972, 14 there are institutions of learning in Indiana presently and traditionally 15 following the practice of limiting admission of students to males or to 16 females. It is further recognized that it would be unreasonable to 17 impose upon these institutions the expense of remodeling facilities to 18 accommodate students of both sexes, and that educational facilities of 19 similar quality and type are available in coeducational institutions for 20 those students desiring such facilities. It is further recognized that this 21 chapter is susceptible of interpretation to prevent these institutions 22 from continuing their traditional policies, a result not intended by the 23 general assembly. Therefore, the amendment effected by Acts 1972, 24 P.L.176, is desirable to permit the continuation of the policies 25 described. 26 (f) This chapter shall be construed broadly to effectuate its purpose. 27 SECTION 35. IC 22-9-1-3 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. As used in this 29 chapter: 30 (a) "Person" means one (1) or more individuals, partnerships, 31 associations, organizations, limited liability companies, corporations, 32 labor organizations, cooperatives, legal representatives, trustees, 33 trustees in bankruptcy, receivers, and other organized groups of 34 persons. 35 (b) "Commission" means the civil rights commission created under 36 section 4 of this chapter. 37 (c) "Director" means the director of the civil rights commission. 38 (d) "Deputy director" means the deputy director of the civil rights 39 commission. 40 (e) "Commission attorney" means the deputy attorney general, such 41 assistants of the attorney general as may be assigned to the 42 commission, or such other attorney as may be engaged by the C o p y 21 2009 IN 1250—LS 7109/DI 107+ 1 commission. 2 (f) "Consent agreement" means a formal agreement entered into in 3 lieu of adjudication. 4 (g) "Affirmative action" means those acts that the commission 5 determines necessary to assure compliance with the Indiana civil rights 6 law. 7 (h) "Employer" means the state or any political or civil subdivision 8 thereof and any person employing six (6) or more persons within the 9 state, except that the term "employer" does not include: 10 (1) any nonprofit corporation or association organized exclusively 11 for fraternal or religious purposes; 12 (2) any school, educational, or charitable religious institution 13 owned or conducted by or affiliated with a church or religious 14 institution; or 15 (3) any exclusively social club, corporation, or association that is 16 not organized for profit. 17 (i) "Employee" means any person employed by another for wages or 18 salary. However, the term does not include any individual employed: 19 (1) by his the individual's parents, spouse, or child; or 20 (2) in the domestic service of any person. 21 (j) "Labor organization" means any organization that exists for the 22 purpose in whole or in part of collective bargaining or of dealing with 23 employers concerning grievances, terms, or conditions of employment 24 or for other mutual aid or protection in relation to employment. 25 (k) "Employment agency" means any person undertaking with or 26 without compensation to procure, recruit, refer, or place employees. 27 (l) "Discriminatory practice" means: 28 (1) the exclusion of a person from equal opportunities because of 29 race, religion, color, sex, sexual orientation, gender identity, 30 age, disability, national origin, or ancestry; 31 (2) a system that excludes persons from equal opportunities 32 because of race, religion, color, sex, sexual orientation, gender 33 identity, age, disability, national origin, or ancestry; 34 (3) the promotion of racial segregation or separation in any 35 manner, including but not limited to the inducing of or the 36 attempting to induce for profit any person to sell or rent any 37 dwelling by representations regarding the entry or prospective 38 entry in the neighborhood of a person or persons of a particular 39 race, religion, color, sex, sexual orientation, gender identity, 40 age, disability, national origin, or ancestry; or 41 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is 42 committed by a covered entity (as defined in IC 22-9-5-4). C o p y 22 2009 IN 1250—LS 7109/DI 107+ 1 Every discriminatory practice relating to the acquisition or sale of real 2 estate, education, public accommodations, employment, or the 3 extending of credit (as defined in IC 24-4.5-1-301) shall be considered 4 unlawful unless it is specifically exempted by this chapter. 5 (m) "Public accommodation" means any establishment that caters 6 or offers its services or facilities or goods to the general public. 7 (n) "Complainant" means: 8 (1) any individual charging on his the individual's own behalf to 9 have been personally aggrieved by a discriminatory practice; or 10 (2) the director or deputy director of the commission charging that 11 a discriminatory practice was committed against a person other 12 than himself the director or deputy director or a class of people, 13 in order to vindicate the public policy of the state (as defined in 14 section 2 of this chapter). 15 (o) "Complaint" means any written grievance that is: 16 (1) sufficiently complete and filed by a complainant with the 17 commission; or 18 (2) filed by a complainant as a civil action in the circuit or 19 superior court having jurisdiction in the county in which the 20 alleged discriminatory practice occurred. 21 The original of any complaint filed under subdivision (1) shall be 22 signed and verified by the complainant. 23 (p) "Sufficiently complete" refers to a complaint that includes: 24 (1) the full name and address of the complainant; 25 (2) the name and address of the respondent against whom the 26 complaint is made; 27 (3) the alleged discriminatory practice and a statement of 28 particulars thereof; 29 (4) the date or dates and places of the alleged discriminatory 30 practice and if the alleged discriminatory practice is of a 31 continuing nature the dates between which continuing acts of 32 discrimination are alleged to have occurred; and 33 (5) a statement as to any other action, civil or criminal, instituted 34 in any other form based upon the same grievance alleged in the 35 complaint, together with a statement as to the status or disposition 36 of the other action. 37 No complaint shall be valid unless filed within one hundred eighty 38 (180) days from the date of the occurrence of the alleged 39 discriminatory practice. 40 (q) "Sex" as it applies to segregation or separation in this chapter 41 applies to all types of employment, education, public accommodations, 42 and housing. However: C o p y 23 2009 IN 1250—LS 7109/DI 107+ 1 (1) it shall not be a discriminatory practice to maintain separate 2 rest rooms; 3 (2) it shall not be an unlawful employment practice for an 4 employer to hire and employ employees, for an employment 5 agency to classify or refer for employment any individual, for a 6 labor organization to classify its membership or to classify or refer 7 for employment any individual, or for an employer, a labor 8 organization, or a joint labor management committee controlling 9 apprenticeship or other training or retraining programs to admit 10 or employ any other individual in any program on the basis of sex 11 in those certain instances where sex is a bona fide occupational 12 qualification reasonably necessary to the normal operation of that 13 particular business or enterprise; and 14 (3) it shall not be a discriminatory practice for a private or 15 religious educational institution to continue to maintain and 16 enforce a policy of admitting students of one (1) sex only. 17 (r) "Disabled" or "disability" means the physical or mental condition 18 of a person that constitutes a substantial disability. In reference to 19 employment, under this chapter, "disabled or disability" also means the 20 physical or mental condition of a person that constitutes a substantial 21 disability unrelated to the person's ability to engage in a particular 22 occupation. 23 SECTION 36. IC 22-9-1-6 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The commission 25 shall establish and maintain a permanent office in the city of 26 Indianapolis. 27 (b) The commission may appoint such attorneys and other 28 employees and agents as it considers necessary, fix their compensation 29 within the limitation provided by law, and prescribe their duties. All 30 these employees, with the exception of the executive director and 31 attorneys, shall be appointed by the commission from eligible lists to 32 be promulgated by the department of personnel as the result of a 33 competitive examination held under IC 4-15-2 and rules of the 34 department and on the basis of training, practical experience, 35 education, and character. However, special consideration and due 36 weight shall be given to the practical experience and training that a 37 person may have for the particular position involved regardless of his 38 the person's academic training. Promotions, suspensions, and removal 39 of persons appointed from such lists shall be in accordance with 40 IC 4-15-2. The reasonable and necessary traveling expenses of each 41 employee of the commission while actually engaged in the performance 42 of duties in behalf of the commission shall be paid in accordance with C o p y 24 2009 IN 1250—LS 7109/DI 107+ 1 the state travel policies and procedures established by the Indiana 2 department of administration and approved by the budget agency. 3 (c) Except as it concerns judicial review, the commission may adopt 4 rules under IC 4-22-2 to implement this chapter. 5 (d) The commission shall formulate policies to effectuate the 6 purposes of this chapter and make recommendations to agencies and 7 officers of the state or local subdivisions thereof to effectuate such 8 policies. The several departments, commissions, divisions, authorities, 9 boards, bureaus, agencies, and officers of the state or any political 10 subdivision or agency thereof shall furnish the commission, upon its 11 request, all records, papers, and information in their possession relating 12 to any matter before the commission. 13 (e) The commission shall receive and investigate complaints 14 alleging discriminatory practices. The commission shall not hold 15 hearings in the absence of a complaint. All investigations of complaints 16 shall be conducted by staff members of the civil rights commission or 17 their agents. 18 (f) The commission may create such advisory agencies and 19 conciliation councils, local or statewide, as will aid in effectuating the 20 purposes of this chapter. The commission may itself, or it may 21 empower these agencies and councils to: 22 (1) study the problems of discrimination in the areas covered by 23 section 2 of this chapter when based on race, religion, color, sex, 24 handicap, sexual orientation, gender identity, disability, age, 25 national origin, or ancestry; and 26 (2) foster through community effort, or otherwise, good will 27 among the groups and elements of the population of the state. 28 These agencies and councils may make recommendation 29 recommendations to the commission for the development of policies 30 and procedures in general. Advisory agencies and conciliation councils 31 created by the commission shall be composed of representative citizens 32 serving without pay, but with reimbursement for reasonable and 33 necessary actual expenses. 34 (g) The commission may issue such publications and such results of 35 investigations and research as in its judgment will tend to promote 36 good will and minimize or eliminate discrimination because of race, 37 religion, color, sex, handicap, sexual orientation, gender identity, 38 disability, age, national origin, or ancestry. 39 (h) The commission shall prevent any person from discharging, 40 expelling, or otherwise discriminating against any other person because 41 he the other person filed a complaint, testified in any hearing before 42 this commission, or in any way assisted the commission in any matter C o p y 25 2009 IN 1250—LS 7109/DI 107+ 1 under its investigation. 2 (i) The commission may hold hearings, subpoena witnesses, compel 3 their attendance, administer oaths, take the testimony of any person 4 under oath, and require the production for examination of any books 5 and papers relating to any matter under investigation or in question 6 before the commission. The commission may make rules as to the 7 issuance of subpoenas by individual commissioners. Contumacy or 8 refusal to obey a subpoena issued under this section shall constitute a 9 contempt. All hearings shall be held within Indiana at a location 10 determined by the commission. A citation of contempt may be issued 11 upon application by the commission to the circuit or superior court in 12 the county in which the hearing is held or in which the witness resides 13 or transacts business. 14 (j) The commission may appoint administrative law judges other 15 than commissioners, when an appointment is deemed necessary by a 16 majority of the commission. The administrative law judges shall be 17 members in good standing before the bar of Indiana and shall be 18 appointed by the chairman of the commission. An administrative law 19 judge appointed under this subsection shall have the same powers and 20 duties as a commissioner sitting as an administrative law judge. 21 However, the administrative law judge may not issue subpoenas. 22 (k) The commission shall state its findings of fact after a hearing 23 and, if the commission finds a person has engaged in an unlawful 24 discriminatory practice, shall cause to be served on this person an order 25 requiring the person to cease and desist from the unlawful 26 discriminatory practice and requiring the person to take further 27 affirmative action as will effectuate the purposes of this chapter, 28 including but not limited to the power: 29 (A) to restore complainant's losses incurred as a result of 30 discriminatory treatment, as the commission may deem necessary 31 to assure justice. However, this specific provision when applied 32 to orders pertaining to employment shall include only wages, 33 salary, or commissions; 34 (B) to require the posting of notice setting forth the public policy 35 of Indiana concerning civil rights and respondent's compliance 36 with the policy in places of public accommodations; 37 (C) to require proof of compliance to be filed by respondent at 38 periodic intervals; and 39 (D) to require a person who has been found to be in violation of 40 this chapter and who is licensed by a state agency authorized to 41 grant a license to show cause to the licensing agency why his the 42 person's license should not be revoked or suspended. C o p y 26 2009 IN 1250—LS 7109/DI 107+ 1 (l) Judicial review of a cease and desist order or other affirmative 2 action as referred to in this chapter may be obtained under IC 22-9-8. 3 If no proceeding to obtain judicial review is instituted within thirty (30) 4 days from receipt of notice by a person that an order has been made by 5 the commission, the commission, if it determines that the person upon 6 whom the cease and desist order has been served is not complying or 7 is making no effort to comply, may obtain a decree of a court for the 8 enforcement of the order in circuit or superior court upon showing that 9 the person is subject to the commission's jurisdiction and resides or 10 transacts business within the county in which the petition for 11 enforcement is brought. 12 (m) If, upon all the evidence, the commission shall find that a 13 person has not engaged in any unlawful practice or violation of this 14 chapter, the commission shall state its findings of facts and shall issue 15 and cause to be served on the complainant an order dismissing the 16 complaint as to the person. 17 (n) The commission may furnish technical assistance requested by 18 persons subject to this chapter to further compliance with this chapter 19 or with an order issued thereunder. 20 (o) The commission shall promote the creation of local civil rights 21 agencies to cooperate with individuals, neighborhood associations, and 22 state, local, and other agencies, both public and private, including 23 agencies of the federal government and of other states. 24 (p) The commission may reduce the terms of conciliation agreed to 25 by the parties to writing (to be called a consent agreement) that the 26 parties and a majority of the commissioners shall sign. When signed, 27 the consent agreement shall have the same effect as a cease and desist 28 order issued under subsection (k). If the commission determines that a 29 party to the consent agreement is not complying with it, the 30 commission may obtain enforcement of the consent agreement in a 31 circuit or superior court upon showing that the party is not complying 32 with the consent agreement and the party is subject to the commission's 33 jurisdiction and resides or transacts business within the county in 34 which the petition for enforcement is brought. 35 (q) In lieu of investigating a complaint and holding a hearing under 36 this section, the commission may issue an order based on findings and 37 determinations by the federal Department of Housing and Urban 38 Development or the federal Equal Employment Opportunity 39 Commission concerning a complaint that has been filed with one (1) of 40 these federal agencies and with the commission. The commission shall 41 adopt by rule standards under which the commission may issue such an 42 order. C o p y 27 2009 IN 1250—LS 7109/DI 107+ 1 (r) Upon notice that a complaint is the subject of an action in a 2 federal court, the commission shall immediately cease investigation of 3 the complaint and may not conduct hearings or issue findings of fact or 4 orders concerning that complaint. 5 SECTION 37. IC 22-9-1-10 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. Every contract to 7 which the state or any of its political or civil subdivisions is a party, 8 including franchises granted to public utilities, shall contain a provision 9 requiring the contractor and his the contractor's subcontractors not to 10 discriminate against any employee or applicant for employment to be 11 employed in the performance of such contract, with respect to his the 12 employee's or applicant's hire, tenure, terms, conditions, or privileges 13 of employment or any matter directly or indirectly related to 14 employment, because of his the employee's or applicant's race, 15 religion, color, sex, sexual orientation, gender identity, age, 16 disability, national origin, or ancestry. Breach of this covenant may be 17 regarded as a material breach of the contract. 18 SECTION 38. IC 22-9-1-11 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. In addition to its 20 power to investigate the discriminatory practices referred to in this 21 chapter, the commission may receive written complaints of violation of 22 this chapter or other discriminatory practices based upon race, religion, 23 color, sex, sexual orientation, gender identity, age, disability, 24 national origin, or ancestry and to investigate such complaints as it 25 deems meritorious, or to conduct such investigation in the absence of 26 complaints whenever it deems it in the public interest. It may transmit 27 to the general assembly its recommendations for legislation designed 28 to aid in the removing of such discrimination. 29 SECTION 39. IC 22-9-2-11 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. Nothing contained 31 herein shall be deemed to repeal any of the provisions of any law of 32 this state relating to discrimination because of age, race, or color, 33 religion, sex, sexual orientation, gender identity, disability, or 34 country of ancestral origin. Nothing herein shall be deemed to limit, 35 restrict, or affect the freedom of any employer in regard to: 36 (a) (1) fixing compulsory retirement requirements for any class of 37 employees at an age or ages less than seventy (70) years; 38 (b) (2) fixing eligibility requirements for participation in, or 39 enjoyment by employees of, benefits under any annuity plan or 40 pension or retirement plan on the basis that any employee may be 41 excluded from eligibility therefor who, at the time he the 42 employee would otherwise become eligible for such benefits, is C o p y 28 2009 IN 1250—LS 7109/DI 107+ 1 older than the age fixed in such eligibility requirements; or 2 (c) (3) keeping age records for any such purposes. 3 SECTION 40. IC 22-9.5-3-2 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. This article does not 5 prohibit a religious organization, an association, or a society or a 6 nonprofit institution or an organization operated, supervised, or 7 controlled by or in conjunction with a religious organization, an 8 association, or a society from: 9 (1) limiting the sale, rental, or occupancy of dwellings that it 10 owns or operates for other than a commercial purpose to persons 11 of the same religion; or 12 (2) giving preference to persons of the same religion, unless 13 membership in the religion is restricted because of race, color, or 14 national origin, ancestry, sex, sexual orientation, age, disability, 15 or gender identity. 16 SECTION 41. IC 22-9.5-3-3 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. This article does not 18 prohibit a private club not open to the public that, as an incident to the 19 club's primary purpose, provides lodging that the club owns or operates 20 for other than a commercial purpose from limiting the rental or 21 occupancy of that lodging to the members or from giving preference to 22 the members, unless membership in the club is restricted because of 23 race, color, or national origin, age, disability, ancestry, sex, sexual 24 orientation, or gender identity. 25 SECTION 42. IC 22-9.5-3-5 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. This article does not 27 prohibit a person engaged in the business of furnishing appraisals of 28 real property from taking into consideration factors other than race, 29 color, religion, sex, sexual orientation, gender identity, disability, 30 familial status, age, ancestry, or national origin. 31 SECTION 43. IC 22-9.5-5-1 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) A person may not 33 refuse to sell or to rent after the making of a bona fide offer, refuse to 34 negotiate for the sale or rental of, or otherwise make unavailable or 35 deny a dwelling to any person because of race, color, religion, sex, 36 sexual orientation, gender identity, familial status, disability, age, 37 ancestry, or national origin. 38 (b) A person may not discriminate against any person in the terms, 39 conditions, or privileges of sale or rental of a dwelling, or in providing 40 services or facilities in connection with the sale or rental of a dwelling, 41 because of race, color, religion, sex, sexual orientation, gender 42 identity, familial status, disability, age, ancestry, or national origin. C o p y 29 2009 IN 1250—LS 7109/DI 107+ 1 (c) This section does not prohibit discrimination against a person 2 because the person has been convicted under federal law or the law of 3 any state of the illegal manufacture or distribution of a controlled 4 substance. 5 SECTION 44. IC 22-9.5-5-2 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A person may not 7 make, print, or publish or cause to be made, printed, or published any 8 notice, statement, or advertisement with respect to the sale or rental of 9 a dwelling that indicates any preference, limitation, or discrimination 10 based on race, color, religion, sex, sexual orientation, gender 11 identity, age, disability, familial status, ancestry, or national origin, or 12 an intention to make such a preference, limitation, or discrimination. 13 SECTION 45. IC 22-9.5-5-3 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. A person may not 15 represent to any person because of race, color, religion, sex, sexual 16 orientation, gender identity, age, disability, familial status, ancestry, 17 or national origin that a dwelling is not available for inspection for sale 18 or rental when the dwelling is available for inspection. 19 SECTION 46. IC 22-9.5-5-4 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. A person may not, 21 for profit, induce or attempt to induce a person to sell or rent a dwelling 22 by representations regarding the entry or prospective entry into a 23 neighborhood of a person of a particular race, color, religion, sex, 24 sexual orientation, gender identity, age, disability, familial status, 25 ancestry, or national origin. 26 SECTION 47. IC 22-9.5-5-6 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) As used in this 28 section, "residential real estate related transaction" means the 29 following: 30 (1) Making or purchasing loans or providing other financial 31 assistance: 32 (A) to purchase, construct, improve, repair, or maintain a 33 dwelling; or 34 (B) to secure residential real estate. 35 (2) Selling, brokering, or appraising residential real property. 36 (b) A person whose business includes engaging in residential real 37 estate related transactions may not discriminate against a person in 38 making a real estate related transaction available or in the terms or 39 conditions of a real estate related transaction because of race, color, 40 religion, sex, sexual orientation, gender identity, age, disability, 41 familial status, ancestry, or national origin. 42 SECTION 48. IC 22-9.5-5-7 IS AMENDED TO READ AS C o p y 30 2009 IN 1250—LS 7109/DI 107+ 1 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. A person may not 2 deny any person access to, or membership or participation in, a 3 multiple-listing service, real estate brokers' organization, or other 4 service, organization, or facility relating to the business of selling or 5 renting dwellings, or discriminate against a person in the terms or 6 conditions of access, membership, or participation in such an 7 organization, service, or facility because of race, color, religion, sex, 8 sexual orientation, gender identity, age, disability, familial status, 9 ancestry, or national origin. 10 SECTION 49. IC 22-9.5-10-1 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. A person commits 12 a Class A misdemeanor if the person, whether or not acting under color 13 of law, by force or threat of force intentionally intimidates or interferes 14 with or attempts to intimidate or interfere with a person: 15 (1) because of the person's race, color, religion, sex, sexual 16 orientation, gender identity, age, disability, familial status, 17 ancestry, or national origin and because the person is or has been 18 selling, purchasing, renting, financing, occupying, or contracting 19 or negotiating for the sale, purchase, rental, financing, or 20 occupation of any dwelling, or applying for or participating in a 21 service, organization, or facility relating to the business of selling 22 or renting dwellings; or 23 (2) because the person is or has been, or to intimidate the person 24 from: 25 (A) participating, without discrimination because of race, 26 color, religion, sex, sexual orientation, gender identity, 27 disability, familial status, age, ancestry, or national origin, in 28 an activity, a service, an organization, or a facility described in 29 subdivision (1); 30 (B) affording another person opportunity or protection to 31 participate in an activity, a service, an organization, or a 32 facility described in subdivision (1); or 33 (C) lawfully aiding or encouraging other persons to participate, 34 without discrimination because of race, color, religion, sex, 35 sexual orientation, gender identity, disability, familial status, 36 age, ancestry, or national origin, in an activity, a service, an 37 organization, or a facility described in subdivision (1). 38 SECTION 50. IC 24-9-3-9 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. It is unlawful for a 40 creditor to discriminate against any applicant with respect to any aspect 41 of a credit transaction on the basis of race, color, religion, ancestry, 42 national origin, sex, marital status, sexual orientation, gender C o p y 31 2009 IN 1250—LS 7109/DI 107+ 1 identity, disability, or age, if the applicant has the ability to contract. 2 SECTION 51. IC 27-2-17-6 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) An insurance 4 company that issues property or casualty insurance shall not 5 discriminate in the appointment of an independent insurance producer 6 on the basis of race, color, national origin, ancestry, sexual 7 orientation, gender identity, age, disability, or gender. 8 (b) Except as provided in subsection (c), the department has 9 exclusive jurisdiction to investigate any complaints of discrimination 10 in the appointment of independent insurance producers in violation of 11 subsection (a). 12 (c) If the commissioner of the department determines after a hearing 13 that an insurance company has violated subsection (a), the 14 commissioner may order one (1) of the following remedies: 15 (1) Payment of a civil penalty of not more than two thousand 16 dollars ($2,000) for each violation. 17 (2) Suspension or revocation of the insurance company's 18 certificate of authority if the commissioner determines that the 19 violation was willful or wanton and that similar violations have 20 been committed by that company with a frequency that constitutes 21 a general business practice. 22 (3) Any other remedy agreed to by the department and the 23 insurance company. 24 (d) Any determination made by the commissioner under this section 25 is subject to IC 4-21.5. 26 (e) Findings of the department under this section may not be 27 considered as evidence in any civil action other than an appeal as 28 provided under IC 4-21.5. 29 SECTION 52. IC 27-2-21-16 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. An insurer that uses 31 credit information to underwrite or rate risks shall not do the following: 32 (1) Use an insurance score that is calculated using income, 33 gender, address, ZIP code, ethnic group, religion, marital status, 34 sexual orientation, gender identity, ancestry, age, disability, 35 or nationality of the consumer as a factor. 36 (2) Deny, cancel, or decline to renew a personal insurance policy 37 solely on the basis of credit information. 38 (3) Base an insured's renewal rate for a personal insurance policy 39 solely on credit information. 40 (4) Take an adverse action against a consumer solely because the 41 consumer does not have a credit card account. 42 (5) Consider an absence of credit information or an inability to C o p y 32 2009 IN 1250—LS 7109/DI 107+ 1 calculate an insurance score in underwriting or rating a personal 2 insurance policy, unless the insurer does one (1) of the following: 3 (A) Presents to the commissioner information that the absence 4 or inability relates to the risk for the insurer and treats the 5 consumer as approved by the commissioner. 6 (B) Treats the consumer as if the consumer had neutral credit 7 information, as defined by the insurer. 8 (6) Take an adverse action against a consumer based on credit 9 information unless the insurer obtains and uses: 10 (A) a credit report issued; or 11 (B) an insurance score calculated; 12 not more than ninety (90) days before the date the personal 13 insurance policy is first written or the renewal is issued. 14 (7) Use credit information unless the insurer recalculates the 15 insurance score or obtains an updated credit report at least every 16 thirty-six (36) months. However, the following apply: 17 (A) At annual renewal, upon the request of an insured or the 18 insured's agent, the insurer shall re-underwrite and re-rate the 19 personal insurance policy based on a current credit report or 20 insurance score unless one (1) of the following applies: 21 (i) The insurer's treatment of the consumer is otherwise 22 approved by the commissioner. 23 (ii) The insured is in the most favorably priced tier of the 24 insurer, within a group of affiliated insurers. 25 (iii) Credit information was not used for underwriting or 26 rating the insured when the personal insurance policy was 27 initially written. 28 (iv) The insurer reevaluates the insured at least every 29 thirty-six (36) months after a personal insurance policy is 30 issued based on underwriting or rating factors other than 31 credit information. 32 This clause does not require an insurer to recalculate an 33 insurance score or obtain an updated credit report of a 34 consumer more frequently than one (1) time in a twelve (12) 35 month period. 36 (B) An insurer may obtain current credit information upon the 37 renewal of a personal insurance policy when renewal occurs 38 more frequently than every thirty-six (36) months if consistent 39 with the insurer's underwriting guidelines. 40 (8) Use the following as a negative factor in an insurance scoring 41 methodology or in reviewing credit information for the purpose 42 of underwriting or rating a personal insurance policy: C o p y 33 2009 IN 1250—LS 7109/DI 107+ 1 (A) A credit inquiry: 2 (i) not initiated by the consumer; or 3 (ii) requested by the consumer for the consumer's own credit 4 information. 5 (B) A credit inquiry relating to insurance coverage. 6 (C) A collection account with a medical industry code on the 7 consumer's credit report. 8 (D) Multiple lender inquiries: 9 (i) coded by the consumer reporting agency on the 10 consumer's credit report as being from the home mortgage 11 industry; and 12 (ii) made within thirty (30) days of one another. 13 (E) Multiple lender inquiries: 14 (i) coded by the consumer reporting agency on the 15 consumer's credit report as being from the automobile 16 lending industry; and 17 (ii) made within thirty (30) days of one another. 18 SECTION 53. IC 27-7-12-7 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. Termination of 20 property insurance coverage by an insurer is prohibited if the 21 termination is based on any of the following: 22 (1) Upon the race, religion, nationality, ancestry, ethnic group, 23 age, sex, sexual orientation, gender identity, disability, or 24 marital status of the applicant or named insured. 25 (2) Solely upon the lawful occupation or profession of the 26 applicant or named insured. However, this subdivision does not 27 apply to an insurer that limits its market to one (1) lawful 28 occupation or profession or to several related lawful occupations 29 or professions. 30 (3) Upon the age or location of the residence of the applicant or 31 named insured, unless that decision is for a business purpose that 32 is not a mere pretext for a decision based on factors prohibited in 33 this chapter or any other provision of this title. 34 (4) Upon the fact that another insurer previously declined to 35 insure the applicant or terminated an existing policy in which the 36 applicant was the named insured. 37 (5) Upon the fact that the applicant or named insured previously 38 obtained insurance coverage through a residual market insurance 39 mechanism. 40 SECTION 54. IC 31-9-2-51 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 51. "Hard to place 42 child" or "hard to place children", for purposes of IC 31-19, means a C o p y 34 2009 IN 1250—LS 7109/DI 107+ 1 child who is or children who are disadvantaged: 2 (1) because of: 3 (A) ethnic background; 4 (B) race; 5 (C) color; 6 (D) language; 7 (E) physical, mental, or medical disability; or 8 (F) religion; 9 (G) sex; 10 (H) sexual orientation; 11 (I) gender identity; 12 (J) ancestry; 13 (K) national origin; or 14 (F) (L) age; or 15 (2) because the child or children are members of a sibling group 16 that should be placed in the same home. 17 SECTION 55. IC 31-19-8-6, AS AMENDED BY P.L.138-2007, 18 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2009]: Sec. 6. (a) The agency's or county office of family and 20 children's report must, to the extent possible, include the following: 21 (1) The former environment and antecedents of the child. 22 (2) The fitness of the child for adoption. 23 (3) Whether the child is classified as hard to place: 24 (A) because of the child's ethnic background, race, color, 25 language, physical, mental, or medical disability, religion, sex, 26 sexual orientation, gender identity, ancestry, national 27 origin, or age; or 28 (B) because the child is a member of a sibling group that 29 should be placed in the same home. 30 (4) The suitability of the proposed home for the child. 31 (b) The report may not contain any of the following: 32 (1) Information concerning the financial condition of the parents. 33 (2) A recommendation that a request for a subsidy be denied in 34 whole or in part due to the financial condition of the parents. 35 (c) The criminal history information required under IC 31-19-2-7.5 36 must accompany the report. 37 SECTION 56. IC 33-28-5-18, AS AMENDED BY P.L.118-2007, 38 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2009]: Sec. 18. (a) The supervising judge or the jury 40 administrator shall determine whether a prospective juror is qualified 41 to serve or, if disabled but otherwise qualified, whether the prospective 42 juror could serve with reasonable accommodation. A person who is not C o p y 35 2009 IN 1250—LS 7109/DI 107+ 1 eligible for jury service may not serve. The facts supporting juror 2 disqualification or exemption must be recorded under oath or 3 affirmation. A disqualification or exemption is not authorized unless 4 supported by the facts. The jury administrator shall make a record of all 5 disqualifications. 6 (b) A prospective juror is disqualified to serve on a jury if any of the 7 following conditions exist: 8 (1) The person is not a citizen of the United States, at least 9 eighteen (18) years of age, and a resident of the county. 10 (2) The person is unable to read, speak, and understand the 11 English language with a degree of proficiency sufficient to fill out 12 satisfactorily a juror qualification form. 13 (3) The person is incapable of rendering satisfactory jury service 14 due to physical or mental disability. However, a person claiming 15 this disqualification may be required to submit a physician's or 16 authorized Christian Science practitioner's certificate confirming 17 the disability, and the certifying physician or practitioner is then 18 subject to inquiry by the court at the court's discretion. 19 (4) A guardian has been appointed for the person under IC 29-3 20 because the person has a mental incapacity. 21 (5) The person has had the right to vote revoked by reason of a 22 felony conviction and the right has not been restored. 23 (c) A person scheduled to appear for jury service has the right to 24 defer the date of the person's initial appearance for jury service one (1) 25 time upon a showing of hardship, extreme inconvenience, or necessity. 26 The court shall grant a prospective juror's request for deferral if the 27 following conditions are met: 28 (1) The prospective juror has not previously been granted a 29 deferral. 30 (2) The prospective juror requests a deferral by contacting the 31 jury administrator: 32 (A) by telephone; 33 (B) by electronic mail; 34 (C) in writing; or 35 (D) in person. 36 (3) The prospective juror selects another date on which the 37 prospective juror will appear for jury service that is: 38 (A) not more than one (1) year after the date upon which the 39 prospective juror was originally scheduled to appear; and 40 (B) a date when the court will be in session. 41 (4) The court determines that the prospective juror has 42 demonstrated that a deferral is necessary due to: C o p y 36 2009 IN 1250—LS 7109/DI 107+ 1 (A) hardship; 2 (B) extreme inconvenience; or 3 (C) necessity. 4 (d) A person may not serve as a petit juror in any county if the 5 person served as a petit juror in the same county within the previous 6 three hundred sixty-five (365) days in a case that resulted in a verdict. 7 The fact that a person's selection as a juror would violate this 8 subsection is sufficient cause for challenge. 9 (e) A grand jury, a petit jury, or an individual juror drawn for 10 service in one (1) court may serve in another court of the county, in 11 accordance with orders entered on the record in each of the courts. 12 (f) The same petit jurors may be used in civil cases and in criminal 13 cases. 14 (g) A person may not be excluded from jury service on account of 15 race, color, religion, sex, national origin, sexual orientation, gender 16 identity, ancestry, age, disability, or economic status. 17 SECTION 57. IC 33-41-1-2 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A person may not 19 be considered ineligible to serve as official reporter because of the 20 person's gender, race, religion, sexual orientation, gender identity, 21 national origin, age, disability, or ancestry. 22 (b) A judge may not appoint the judge's son or daughter as an 23 official reporter. 24 SECTION 58. IC 35-46-2-1 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. A person who 26 knowingly or intentionally denies to another person, because of color, 27 creed, disability, national origin, ancestry, race, religion, or sex, sexual 28 orientation, age, or gender identity, the full and equal use of the 29 services, facilities, or goods in: 30 (1) an establishment that caters or offers its services, facilities, or 31 goods to the general public; or 32 (2) a housing project owned or subsidized by a governmental 33 entity; 34 commits a civil rights violation, a Class B misdemeanor. 35 SECTION 59. IC 35-46-2-2 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A public servant 37 having the duty to select or summon persons for grand jury or trial jury 38 service who knowingly or intentionally fails to select or summon a 39 person because of color, creed, disability, national origin, ancestry, 40 race, religion, sexual orientation, gender identity, age, or sex 41 commits discrimination in jury selection, a Class A misdemeanor. 42 SECTION 60. IC 36-9-4-37 IS AMENDED TO READ AS C o p y 37 2009 IN 1250—LS 7109/DI 107+ 1 FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 37. (a) The board of 2 directors of a public transportation corporation may appoint or employ 3 a general manager, accountants, attorneys, traffic engineers, drivers, 4 clerks, secretaries, guards, laborers, and other employees, and may 5 prescribe and define their duties, regulate their compensation, 6 discharge them, and appoint or employ their successors. Employees 7 shall be selected without regard to race, religion, sexual orientation, 8 gender identity, ancestry, national origin, age, disability, or any 9 personal affiliation. The board shall select the general manager on the 10 basis of his the individual's fitness for the position, taking into account 11 his the individual's executive ability and his knowledge of and 12 experience in the field of mass public transportation. 13 (b) The board shall bargain collectively and enter into written 14 contracts with authorized labor organizations representing employees 15 other than executive, administrative, or professional personnel. These 16 contracts may provide for the binding arbitration of disputes, wages, 17 salaries, hours, working conditions, health and welfare, insurance, 18 vacations, holidays, sick leave, seniority, pensions, retirement, and 19 other benefits. 20 SECTION 61. [EFFECTIVE JULY 1, 2009] IC 35-46-2-1 and 21 IC 35-46-2-2, both as amended by this act, apply only to crimes 22 committed after June 30, 2009.