Text of IN HB 1716 (2007)

C o p y 2007 IN 1716—LS 7200/DI 107+ Introduced Version HOUSE BILL No. 1716 _____ 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 20-12; IC 20-24-2-2; IC 20-33-1; IC 20-42-3-10; 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; 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, and ancestry. Makes a technical correction to a definition. Effective: July 1, 2007. Lawson L January 26, 2007, read first time and referred to Committee on Public Policy. C o p y 2007 IN 1716—LS 7200/DI 107+ Introduced First Regular Session 115th General Assembly (2007) 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 2006 Regular Session of the General Assembly. HOUSE BILL No. 1716 A BILL FOR AN ACT to amend the Indiana Code concerning civil rights. 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, 2007]: 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 2007 IN 1716—LS 7200/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 2007 IN 1716—LS 7200/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, 2007]: 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 2007 IN 1716—LS 7200/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, or national origin, or because of membership in 28 an employee organization, the employee shall be reinstated without loss 29 of pay. In all other cases the appointing authority shall follow the 30 recommendation of the commission, which may include reinstatement 31 and payment of salary or wages lost by the employee, which may be 32 mitigated by any wages the employee earned from other employment 33 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 2007 IN 1716—LS 7200/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 4-15-3-2 IS AMENDED TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2007]: Sec. 2. Appointments to and promotions 6 in engineering positions in the engineering service of any department, 7 commission, bureau, board, or division of the state of Indiana shall be 8 made only according to merit and fitness. No person in the engineering 9 service of any department, commission, bureau, board, or division of 10 the state of Indiana or seeking admission thereto, shall be appointed, 11 promoted, or in any way favored or discriminated against because of 12 his the person's race, religion, color, sex, sexual orientation, gender 13 identity, national origin, or ancestry. 14 SECTION 4. IC 4-15-12-2 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The state is 16 committed to an affirmative action policy that includes the 17 establishment of employment policies and conditions that ensure the 18 elimination of underutilization of qualified members of affected classes 19 and the elimination of discrimination on the basis of race or color, 20 religion, national origin, or ancestry, age, sex, sexual orientation, 21 gender identity, and disability. 22 SECTION 5. IC 5-16-6-1 IS AMENDED TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2007]: Sec. 1. Every contract for or on behalf 24 of the state of Indiana or any of the municipal corporations thereof, for 25 the construction, alteration, or repair of any public building or public 26 work in the state of Indiana shall contain provisions by which the 27 contractor agrees: 28 (a) (1) that in the hiring of employees for the performance of work 29 under this contract or any subcontract hereunder, no contractor, 30 or subcontractor, nor any person acting on behalf of such 31 contractor or subcontractor, shall, by reason of race, religion, 32 color, sex, sexual orientation, gender identity, national origin, 33 or ancestry, discriminate against any citizen of the state of Indiana 34 who is qualified and available to perform the work to which the 35 employment relates; 36 (b) (2) that no contractor, subcontractor, nor any person on his 37 behalf of the contractor or the subcontractor shall, in any 38 manner, discriminate against or intimidate any employee hired for 39 the performance of work under this contract on account of race, 40 religion, color, sex, sexual orientation, gender identity, national 41 origin, or ancestry; 42 (c) (3) that there may be deducted from the amount payable to the C o p y 6 2007 IN 1716—LS 7200/DI 107+ 1 contractor by the state of Indiana or by any municipal corporation 2 thereof, under this contract, a penalty of five dollars ($5.00) ($5) 3 for each person for each calendar day during which such person 4 was discriminated against or intimidated in violation of the 5 provisions of the contract; and 6 (d) (4) that this contract may be cancelled canceled or terminated 7 by the state of Indiana or by any municipal corporation thereof, 8 and all money due or to become due hereunder may be forfeited, 9 for a second or any subsequent violation of the terms or 10 conditions of this section of the contract. 11 SECTION 6. IC 5-28-21-7, AS ADDED BY P.L.4-2005, SECTION 12 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 13 2007]: Sec. 7. A political subdivision (as defined in IC 36-1-2-13), a 14 nonprofit organization, or a for-profit organization may submit an 15 application to the corporation to obtain a grant, loan, or loan guarantee 16 to establish a small business incubator. The application must: 17 (1) describe the facility that is to be converted to an incubator; 18 (2) specify the cost of the conversion; 19 (3) demonstrate the ability of the applicant to directly provide or 20 arrange for the provision of business development services 21 (including financial consulting assistance, management and 22 marketing assistance, and physical services) for tenants of the 23 incubator; 24 (4) demonstrate a potential for sustained use of the incubator by 25 eligible tenants through a market study or other means; 26 (5) demonstrate the ability of the applicant to operate the 27 incubator in accordance with section 19 of this chapter; 28 (6) state that the applicant will not discriminate against an 29 employee or applicant for employment on the basis of race, 30 religion, color, national origin, ancestry, sex, sexual orientation, 31 gender identity, or age; and 32 (7) include any other information required by the corporation. 33 SECTION 7. IC 7.1-3-4-7 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) Notwithstanding 35 any other law, a beer retailer may limit sales to the 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 beer retailer may call the annual fee described in subsection 41 (a) a membership fee. 42 (c) A beer retailer may call the retailer's premises a club. However, C o p y 7 2007 IN 1716—LS 7200/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 beer retailer to discriminate among 3 persons on the basis of race, sex, age, sexual orientation, gender 4 identity, national origin, ancestry, or religion when selecting persons 5 to have access to the retailer's facilities and services. 6 SECTION 8. IC 7.1-3-9-9.5 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9.5. (a) 8 Notwithstanding any other law, a liquor retailer may limit sales to the 9 following: 10 (1) Persons that the retailer selects to have access to the retailer's 11 facilities and services in return for payment of an annual fee to the 12 retailer. 13 (2) Guests of a person described in subdivision (1). 14 (b) A liquor retailer may call the annual fee described in subsection 15 (a) a membership fee. 16 (c) A liquor retailer may call the retailer's premises a club. However, 17 the premises is not a club within the meaning of IC 7.1-3-20-1. 18 (d) This section does not allow a liquor retailer to discriminate 19 among persons on the basis of race, sex, sexual orientation, gender 20 identity, age, national origin, ancestry, or religion when selecting 21 persons to have access to the retailer's facilities and services. 22 SECTION 9. IC 7.1-3-14-5 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) Notwithstanding 24 any other law, a wine retailer may limit sales to the following: 25 (1) Persons that the retailer selects to have access to the retailer's 26 facilities and services in return for payment of an annual fee to the 27 retailer. 28 (2) Guests of a person described in subdivision (1). 29 (b) A wine retailer may call the annual fee described in subsection 30 (a) a membership fee. 31 (c) A wine retailer may call the retailer's premises a club. However, 32 the premises is not a club within the meaning of IC 7.1-3-20-1. 33 (d) This section does not allow a wine retailer to discriminate 34 among persons on the basis of race, sex, sexual orientation, gender 35 identity, age, national origin, ancestry, or religion when selecting 36 persons to have access to the retailer's facilities and services. 37 SECTION 10. IC 7.1-3-20-8.5 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8.5. (a) As used in this 39 section, "discriminatory practice" means a refusal to provide equal 40 access to and use of services or facilities on the basis of a person's race, 41 or color, sex, sexual orientation, gender identity, national origin, or 42 ancestry. However, the term does not include a practice of a club or C o p y 8 2007 IN 1716—LS 7200/DI 107+ 1 fraternal club that requires a specific religious affiliation or belief as a 2 condition of membership in the club or fraternal club. 3 (b) To be eligible to hold a club permit under this chapter, a club, 4 fraternal club, or labor organization may not engage in a discriminatory 5 practice. 6 (c) A person may file a complaint with the civil rights commission 7 alleging a discriminatory practice by a club, fraternal club, or labor 8 organization. 9 (d) The civil rights commission shall investigate the allegations in 10 the complaint and, if reasonable cause is found, shall hold a hearing 11 under IC 22-9-1-6 on the complaint. If the civil rights commission finds 12 that a club, fraternal club, or labor organization has engaged in a 13 discriminatory practice, the civil rights commission shall certify the 14 finding to the alcohol and tobacco commission. 15 (e) If a club, fraternal club, or labor organization is found to have 16 engaged in a discriminatory practice, the commission shall do one (1) 17 or more of the following: 18 (1) Issue a warning to the club, fraternal club, or labor 19 organization. 20 (2) Impose a civil penalty on the club, fraternal club, or labor 21 organization not to exceed one thousand dollars ($1,000). 22 (3) Suspend the club, fraternal club, or labor organization's permit 23 for not more than ninety (90) days. 24 (4) Not issue a new club permit under this chapter if the club, 25 fraternal club, or labor organization does not hold a club permit 26 under this chapter. 27 (5) Revoke an existing club permit. 28 SECTION 11. IC 8-23-2-3 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The department 30 may hire qualified individuals to carry out its responsibilities subject 31 to the budget agency's approval under IC 4-12-1-13 and may prescribe 32 their terms and conditions of employment subject to this section. 33 (b) All employees of the department whose duties require 34 specialized knowledge or skill, acquired by professional or technical 35 education, training, and experience: 36 (1) shall be employed solely on the basis of ability, taking into 37 account their qualifications to perform the duties of their 38 positions; 39 (2) shall be employed regardless of political affiliation; 40 (3) may not be appointed, promoted, reduced, removed, or in any 41 way favored or discriminated against because of their political 42 affiliation, race, religion, color, sex, sexual orientation, gender C o p y 9 2007 IN 1716—LS 7200/DI 107+ 1 identity, national origin, or ancestry; 2 (4) are ineligible to hold, or be a candidate for, elected office (as 3 defined in IC 3-5-2-17) while employed by the department, except 4 as provided in subsection (h); 5 (5) may not solicit or receive political contributions; 6 (6) may not be required to make contributions for or participate 7 in political activities; 8 (7) shall be employed on a six (6) month probationary period, 9 with a written evaluation prepared after five (5) months of service 10 by their immediate supervisor for the commissioner to determine 11 if employment should continue beyond the probationary period; 12 and 13 (8) shall be evaluated annually in writing by their immediate 14 supervisor for the purpose of advising the commissioner as to 15 whether the employees should remain in their positions. 16 (c) Highway district managers are and subdistrict superintendents 17 are not subject to subsection (b). A person may not be employed by the 18 department as a highway subdistrict superintendent unless the person 19 has received training or experience in maintaining or constructing 20 roads, highways, and bridges. Highway subdistrict superintendents 21 shall devote full time to the performance of their duties. Highway 22 district managers serve at the pleasure of the commissioner but upon 23 reassignment shall be retained in a position of equal or higher job 24 classification within the department. However, the employee may elect 25 to serve in the next lower job classification within the same district. 26 (d) The appointment or dismissal of the chief highway engineer for 27 the department is at the discretion of the commissioner. The chief 28 highway engineer must be a registered professional engineer and must 29 be a graduate civil engineer or have at least ten (10) years of 30 experience in highway engineering. 31 (e) All employees of the department are subject to IC 4-15-1.8 and 32 the rules that implement IC 4-15-1.8. 33 (f) Subject to this section: 34 (1) all employees of the department are subject to demotion, 35 discipline, dismissal, or transfer at the discretion of the 36 commissioner; and 37 (2) cause for demotion, dismissal, discipline, or transfer may 38 include but is not limited to failure to satisfactorily effectuate the 39 department's transportation plan and work programs. 40 (g) The commissioner may: 41 (1) require an employee or agent of the department to execute and 42 furnish a bond conditioned upon the faithful discharge and C o p y 10 2007 IN 1716—LS 7200/DI 107+ 1 performance of the duties of the employee or agent and the 2 accurate accounting of public funds that come into the employee's 3 or agent's control or custody; and 4 (2) prescribe an oath of employment for an employee or agent of 5 the department. 6 (h) Employees described in subsection (b) may: 7 (1) be candidates for: 8 (A) school board office (as defined in IC 3-5-2-45); or 9 (B) precinct committeeman or state convention delegate; 10 and serve in that office if elected; and 11 (2) be appointed to an office described in subdivision (1) and 12 serve in that office if appointed. 13 SECTION 12. IC 10-13-3-1 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this 15 chapter, "bias crime" means an offense in which the person who 16 commits the offense knowingly or intentionally: 17 (1) selected the person who was injured; or 18 (2) damaged or otherwise affected property; 19 by the offense because of the color, creed, disability, national origin, 20 ancestry, race, religion, or sexual orientation, or gender identity of 21 the injured person or of the owner or occupant of the affected property 22 or because the injured person or owner or occupant of the affected 23 property was associated with any other recognizable group or 24 affiliation. 25 SECTION 13. IC 10-16-8-15 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. (a) Adequate 27 provisions shall be made to allow the enlistment and induction of able 28 bodied citizens of each and all racial groups in Indiana into all 29 branches and departments of the Indiana guard reserve organized to 30 defend and enforce the laws of Indiana. To that end, all racial groups 31 in Indiana are entitled to that representation in each branch or 32 department of the Indiana guard reserve in approximate proportion to 33 the group or groups to the population of Indiana. However, this section 34 or any other statute may not be construed so as to allow racial 35 segregation. 36 (b) Race, or color, creed, sex, sexual orientation, gender identity, 37 national origin, or ancestry may not be a cause for excluding the 38 application to serve or the service of any person in any branch of 39 service provided for in this chapter. 40 SECTION 14. IC 12-20-5.5-1, AS AMENDED BY P.L.73-2005, 41 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2007]: Sec. 1. (a) The township trustee shall process all C o p y 11 2007 IN 1716—LS 7200/DI 107+ 1 applications for township assistance according to uniform written 2 standards and without consideration of the race, creed, nationality, 3 national origin, ancestry, sex, sexual orientation, or gender identity 4 of the applicant or any member of the applicant's household. 5 (b) The township's standards for the issuance of township assistance 6 and the processing of applications must be: 7 (1) governed by the requirements of this article; 8 (2) proposed by the township trustee, adopted by the township 9 board, and filed with the board of county commissioners; 10 (3) reviewed and updated annually to reflect changes in the cost 11 of basic necessities in the township and changes in the law; 12 (4) published in a single written document, including addenda 13 attached to the document; and 14 (5) posted in a place prominently visible to the public in all 15 offices of the township trustee where township assistance 16 applications are taken or processed. 17 SECTION 15. IC 12-30-3-14 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) Admission of all 19 patients and residents to the county home must be on a voluntary basis 20 and without regard to race, religion, color, sex, sexual orientation, 21 gender identity, national origin, or ancestry. 22 (b) Recipients of old age assistance and blind assistance shall be 23 admitted to the county home on the same basis and for the same charge 24 as other patients and residents in the county home. There may be no 25 discrimination in the care and treatment of patients and residents of the 26 county home because of the source of the money for the support and 27 care of the patients and residents. 28 SECTION 16. IC 12-30-7-32 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 32. Discrimination may 30 not be made in accommodation, care, or treatment of any patient at a 31 health center established under this chapter because of race, creed, 32 national origin, ancestry, sex, sexual orientation, gender identity, or 33 ability to pay. 34 SECTION 17. IC 16-23-1-21 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 21. (a) The hospital 36 may not discriminate among patients due to the following: 37 (1) Race, color, creed, national origin, ancestry, sexual 38 orientation, gender identity, or sex. 39 (2) Occupational, economic, or social status. 40 (3) Political or religious belief or the lack of political or religious 41 belief. 42 (b) The hospital must also be open to all licensed physicians of the C o p y 12 2007 IN 1716—LS 7200/DI 107+ 1 county and the patients of licensed physicians on equal terms and under 2 uniform rules. 3 SECTION 18. IC 20-12-14.5-3 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A student who 5 applies for admission to the academy must: 6 (1) be eligible to attend a public school in Indiana; 7 (2) demonstrate exceptional intellectual ability; and 8 (3) demonstrate a commitment to scholarship. 9 (b) A student shall be admitted without regard to sex, race, religion, 10 creed, national origin, ancestry, sexual orientation, gender identity, 11 or household income. 12 SECTION 19. IC 20-12-21-5 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The commission 14 shall: 15 (1) prepare and supervise the issuance of public information 16 concerning this chapter; 17 (2) prescribe the form and regulate the submission of applications 18 for higher education awards; 19 (3) conduct such conferences and interviews with applicants as 20 may be appropriate; 21 (4) determine the eligibility of applicants; 22 (5) select qualified applicants; 23 (6) determine the respective amounts of, and award, the 24 appropriate higher education awards; 25 (7) determine eligibility for, and award, annual renewals of higher 26 education awards; 27 (8) act as the designated state agency for participation in any 28 federal program for reinsurance of student loans; and 29 (9) adopt rules, under IC 4-22-2, to develop standards that govern 30 the denial of assistance to higher education award applicants and 31 recipients under section 7.6 of this chapter. 32 (b) The commission may: 33 (1) make such rules as may be necessary to carry out its functions 34 under this chapter; and 35 (2) appoint advisory boards as it considers necessary. 36 (c) The commission shall exercise its functions without regard to an 37 applicant's race, creed, sex, sexual orientation, gender identity, color, 38 national origin, or ancestry. 39 SECTION 20. IC 20-12-21-5.1, AS AMENDED BY P.L.157-2005, 40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2007]: Sec. 5.1. (a) In addition to the duties described in 42 section 5(a) of this chapter, the commission shall do the following: C o p y 13 2007 IN 1716—LS 7200/DI 107+ 1 (1) Prepare and supervise the issuance of public information 2 concerning all of the commission's programs. 3 (2) Prescribe the form and regulate the submission of applications 4 for all of the commission's programs. 5 (3) Determine the amounts of grants and scholarships. 6 (4) Determine eligibility for grants and scholarships. 7 (5) Receive federal funds made available to the commission for 8 awards, grants, and scholarships, and disburse these funds in the 9 manner prescribed by federal law. 10 (b) In addition to the powers described in section 5(b) of this 11 chapter, the commission may do the following: 12 (1) Accept gifts, grants, devises, or bequests for the purpose of 13 providing grants, awards, scholarships, loans, or other forms of 14 financial aid to students attending approved institutions of higher 15 learning. 16 (2) Enter into contracts, subject to IC 4-13-2, that the commission 17 determines are necessary to carry out the commission's functions. 18 (3) Provide administrative or technical assistance to other 19 governmental or nongovernmental entities if the provision of this 20 assistance will increase the number and value of grants, awards, 21 scholarships, or loans available to students attending approved 22 institutions of higher learning. 23 (c) When the commission receives an offer of a gift, grant, devise, 24 or bequest under subsection (b)(1), the commission may accept 25 stipulations on the use of the donated funds. In this case, sections 7(d) 26 and 17 of this chapter do not apply. Before accepting a gift, grant, 27 devise, or bequest, the commission shall determine that the purposes 28 for which a donor proposes to provide funds are: 29 (1) lawful; 30 (2) in the state's best interests; and 31 (3) generally consistent with the commission's programs and 32 purposes. 33 Whenever the commission agrees to stipulations on the use of donated 34 funds under this subsection, the commission and the donor shall, 35 subject to approval by the budget agency and the governor or the 36 governor's designee, execute an agreement. 37 (d) Whenever the commission agrees to provide administrative or 38 technical assistance under subsection (b)(3), the commission and the 39 party to whom the assistance is to be provided shall execute an 40 agreement specifying: 41 (1) the assistance that is to be provided; and 42 (2) the charges, if any, that are to be assessed by the commission C o p y 14 2007 IN 1716—LS 7200/DI 107+ 1 for providing this assistance. 2 The commission may waive charges for administrative or technical 3 assistance under this subsection if the commission determines that a 4 waiver is in the best interest of the state. Agreements to provide 5 assistance under this subsection must be approved by the budget 6 agency and the governor or the governor's designee. 7 (e) The commission shall exercise its functions without regard to an 8 applicant's race, creed, sex, sexual orientation, gender identity, color, 9 national origin, or ancestry. 10 (f) This subsection applies to a person called to active duty after 11 September 11, 2001. As used in this subsection, "active duty" means 12 full-time service in: 13 (1) the National Guard (as defined in IC 10-16-1-13); or 14 (2) any reserve component of the: 15 (A) Indiana national guard; or 16 (B) armed forces; 17 that exceeds thirty (30) consecutive days in a calendar year. When 18 determining financial eligibility under subsection (a)(4) for a Frank 19 O'Bannon grant, which includes grants formerly designated as the 20 higher education award and the freedom of choice award, the 21 commission may exclude any salary for service on active duty. 22 SECTION 21. IC 20-12-76-29, AS ADDED BY P.L.1-2005, 23 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2007]: Sec. 29. A postsecondary proprietary educational 25 institution's accreditation shall be suspended at any time if the 26 accredited postsecondary proprietary educational institution denies 27 enrollment to a student or makes a distinction or classification of 28 students on the basis of race, color, or creed, sexual orientation, 29 gender identity, national origin, or ancestry. 30 SECTION 22. IC 20-24-2-2, AS ADDED BY P.L.1-2005, 31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2007]: Sec. 2. A charter school is subject to all federal and 33 state laws and constitutional provisions that prohibit discrimination on 34 the basis of the following: 35 (1) Disability. 36 (2) Race. 37 (3) Color. 38 (4) Gender. 39 (5) National origin. 40 (6) Religion. 41 (7) Ancestry. 42 (8) Sexual orientation. C o p y 15 2007 IN 1716—LS 7200/DI 107+ 1 (9) Gender identity. 2 SECTION 23. IC 20-33-1-1, AS ADDED BY P.L.1-2005, 3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 JULY 1, 2007]: Sec. 1. The following is the public policy of the state: 5 (1) To provide equal, nonsegregated, nondiscriminatory 6 educational opportunities and facilities for all, regardless of race, 7 creed, national origin, ancestry, color, or sex, sexual orientation, 8 or gender identity. 9 (2) To provide and furnish public schools and common schools 10 equally open to all and prohibited and denied to none because of 11 race, creed, color, or national origin, ancestry, sexual 12 orientation, or gender identity. 13 (3) To reaffirm the principles of the Bill of Rights, civil rights, 14 and the Constitution of the State of Indiana. 15 (4) To provide for the state and the citizens of Indiana a uniform 16 democratic system of public and common school education. 17 (5) To abolish, eliminate, and prohibit segregated and separate 18 schools or school districts on the basis of race, creed, or color, 19 national origin, ancestry, sexual orientation, or gender 20 identity. 21 (6) To eliminate and prohibit segregation, separation, and 22 discrimination on the basis of race, color, or creed, national 23 origin, ancestry, sexual orientation, or gender identity in the 24 public kindergartens, common schools, public schools, vocational 25 schools, colleges, and universities of Indiana. 26 SECTION 24. IC 20-33-1-3, AS ADDED BY P.L.1-2005, 27 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2007]: Sec. 3. (a) The governing body of a school corporation 29 and the board of trustees of a college or university may not build or 30 erect, establish, maintain, continue, or permit any segregated or 31 separate: 32 (1) public kindergartens; 33 (2) public schools or districts; 34 (3) public school departments or divisions; or 35 (4) colleges or universities; 36 on the basis of race, color, creed, or national origin, ancestry, sexual 37 orientation, or gender identity of pupils or students. 38 (b) The officials described in subsection (a) may take any 39 affirmative actions that are reasonable, feasible, and practical to effect 40 greater integration and to reduce or prevent segregation or separation 41 of races in public schools for whatever cause, including: 42 (1) site selection; or C o p y 16 2007 IN 1716—LS 7200/DI 107+ 1 (2) revision of: 2 (A) school districts; 3 (B) curricula; or 4 (C) enrollment policies; 5 to implement equalization of educational opportunity for all. 6 (c) A school corporation shall review the school corporation's 7 programs to determine if the school corporation's practices of: 8 (1) separating students by ability; 9 (2) placing students into educational tracks; or 10 (3) using test results to screen students; 11 have the effect of systematically separating students by race, color, 12 creed, national origin, ancestry, sexual orientation, gender identity, 13 or socioeconomic class. 14 SECTION 25. IC 20-33-1-4, AS ADDED BY P.L.1-2005, 15 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2007]: Sec. 4. (a) A student is entitled to be admitted and 17 enrolled in the public or common school in the school corporation in 18 which the student resides without regard to race, creed, color, 19 socioeconomic class, or national origin, ancestry, sexual orientation, 20 or gender identity. 21 (b) A student may not be prohibited, segregated, or denied 22 attendance or enrollment to: 23 (1) a: 24 (A) public school; 25 (B) common school; 26 (C) junior high school; or 27 (D) high school; 28 in the student's school corporation; or 29 (2) a college or university in Indiana; 30 because of the student's race, creed, color, or national origin, ancestry, 31 sexual orientation, or gender identity. 32 (c) Every student is free to attend: 33 (1) a: 34 (A) public school; or 35 (B) department or division of a public school; or 36 (2) college or university in Indiana; 37 within the laws applicable alike to noncitizen and nonresident students. 38 SECTION 26. IC 20-33-1-5, AS ADDED BY P.L.1-2005, 39 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2007]: Sec. 5. (a) A: 41 (1) public school; 42 (2) state college; or C o p y 17 2007 IN 1716—LS 7200/DI 107+ 1 (3) state university; 2 may not segregate, separate, or discriminate against any of its students 3 on the basis of race, creed, or color, national origin, ancestry, sexual 4 orientation, or gender identity. 5 (b) Admission to a public school may not be approved or denied on 6 the basis of race, creed, or color, national origin, ancestry, sexual 7 orientation, or gender identity. 8 SECTION 27. IC 20-33-1-6, AS ADDED BY P.L.1-2005, 9 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2007]: Sec. 6. A: 11 (1) public school; 12 (2) state college; or 13 (3) state university; 14 may not discriminate in any way in the hiring, upgrading, tenure, or 15 placement of any teacher on the basis of race, creed, color, or national 16 origin, ancestry, sex, sexual orientation, or gender identity. 17 SECTION 28. IC 20-42-3-10, AS ADDED BY P.L.2-2006, 18 SECTION 165, IS AMENDED TO READ AS FOLLOWS 19 [EFFECTIVE JULY 1, 2007]: Sec. 10. The trustee, with the advice and 20 consent of the township board, shall use the account for the following 21 educational purposes: 22 (1) Each year the trustee shall pay to the parent or legal guardian 23 of any child whose residence is within the township, the initial 24 cost for the rental of textbooks used in any elementary or 25 secondary school that has been accredited by the state. The 26 reimbursement for the rental of textbooks shall be for the initial 27 yearly rental charge only. Textbooks subsequently lost or 28 destroyed may not be paid for from this account. 29 (2) Students who are residents of the township for the last two (2) 30 years of their secondary education and who still reside within the 31 township are entitled to receive financial assistance in an amount 32 not to exceed an amount determined by the trustee and the 33 township board during an annual review of higher education fees 34 and tuition costs of post-high school education at any accredited 35 college, university, junior college, or vocational or trade school. 36 Amounts to be paid to each eligible student shall be set annually 37 after this review. The amount paid each year must be: 38 (A) equitable for every eligible student without regard to race, 39 religion, creed, sex, sexual orientation, gender identity, 40 ancestry, disability, or national origin; and 41 (B) based on the number of students and the amount of funds 42 available each year. C o p y 18 2007 IN 1716—LS 7200/DI 107+ 1 (3) A person who has been a permanent resident of the township 2 continuously for at least two (2) years and who needs educational 3 assistance for job training or retraining may apply to the trustee 4 of the township for financial assistance. The trustee and the 5 township board shall review each application and make assistance 6 available according to the need of each applicant and the 7 availability of funds. 8 (4) If all the available funds are not used in any one (1) year, the 9 unused funds shall be retained in the account by the trustee for 10 use in succeeding years. 11 SECTION 29. IC 22-9-1-2 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) It is the public 13 policy of the state to provide all of its citizens equal opportunity for 14 education, employment, access to public conveniences and 15 accommodations, and acquisition through purchase or rental of real 16 property, including but not limited to housing, and to eliminate 17 segregation or separation based solely on race, religion, color, sex, 18 sexual orientation, gender identity, disability, national origin, or 19 ancestry, since such segregation is an impediment to equal opportunity. 20 Equal education and employment opportunities and equal access to and 21 use of public accommodations and equal opportunity for acquisition of 22 real property are hereby declared to be civil rights. 23 (b) The practice of denying these rights to properly qualified 24 persons by reason of the race, religion, color, sex, sexual orientation, 25 gender identity, disability, national origin, or ancestry of such person 26 persons is contrary to the principles of freedom and equality of 27 opportunity and is a burden to the objectives of the public policy of this 28 state and shall be considered as discriminatory practices. The 29 promotion of equal opportunity without regard to race, religion, color, 30 sex, sexual orientation, gender identity, disability, national origin, or 31 ancestry through reasonable methods is the purpose of this chapter. 32 (c) It is also the public policy of this state to protect employers, 33 labor organizations, employment agencies, property owners, real estate 34 brokers, builders, and lending institutions from unfounded charges of 35 discrimination. 36 (d) It is hereby declared to be contrary to the public policy of the 37 state and an unlawful practice for any person, for profit, to induce or 38 attempt to induce any person to sell or rent any dwelling by 39 representations regarding the entry or prospective entry into the 40 neighborhood of a person or persons of a particular race, religion, 41 color, sex, sexual orientation, gender identity, disability, national 42 origin, or ancestry. C o p y 19 2007 IN 1716—LS 7200/DI 107+ 1 (e) The general assembly recognizes that on February 16, 1972, 2 there are institutions of learning in Indiana presently and traditionally 3 following the practice of limiting admission of students to males or to 4 females. It is further recognized that it would be unreasonable to 5 impose upon these institutions the expense of remodeling facilities to 6 accommodate students of both sexes, and that educational facilities of 7 similar quality and type are available in coeducational institutions for 8 those students desiring such facilities. It is further recognized that this 9 chapter is susceptible of interpretation to prevent these institutions 10 from continuing their traditional policies, a result not intended by the 11 general assembly. Therefore, the amendment effected by Acts 1972, 12 P.L.176, is desirable to permit the continuation of the policies 13 described. 14 (f) This chapter shall be construed broadly to effectuate its purpose. 15 SECTION 30. IC 22-9-1-3 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. As used in this 17 chapter: 18 (a) "Person" means one (1) or more individuals, partnerships, 19 associations, organizations, limited liability companies, corporations, 20 labor organizations, cooperatives, legal representatives, trustees, 21 trustees in bankruptcy, receivers, and other organized groups of 22 persons. 23 (b) "Commission" means the civil rights commission created under 24 section 4 of this chapter. 25 (c) "Director" means the director of the civil rights commission. 26 (d) "Deputy director" means the deputy director of the civil rights 27 commission. 28 (e) "Commission attorney" means the deputy attorney general, such 29 assistants of the attorney general as may be assigned to the 30 commission, or such other attorney as may be engaged by the 31 commission. 32 (f) "Consent agreement" means a formal agreement entered into in 33 lieu of adjudication. 34 (g) "Affirmative action" means those acts that the commission 35 determines necessary to assure compliance with the Indiana civil rights 36 law. 37 (h) "Employer" means the state or any political or civil subdivision 38 thereof and any person employing six (6) or more persons within the 39 state, except that the term "employer" does not include: 40 (1) any nonprofit corporation or association organized exclusively 41 for fraternal or religious purposes; 42 (2) any school, educational, or charitable religious institution C o p y 20 2007 IN 1716—LS 7200/DI 107+ 1 owned or conducted by or affiliated with a church or religious 2 institution; or 3 (3) any exclusively social club, corporation, or association that is 4 not organized for profit. 5 (i) "Employee" means any person employed by another for wages or 6 salary. However, the term does not include any individual employed: 7 (1) by his the individual's parents, spouse, or child; or 8 (2) in the domestic service of any person. 9 (j) "Labor organization" means any organization that exists for the 10 purpose in whole or in part of collective bargaining or of dealing with 11 employers concerning grievances, terms, or conditions of employment 12 or for other mutual aid or protection in relation to employment. 13 (k) "Employment agency" means any person undertaking with or 14 without compensation to procure, recruit, refer, or place employees. 15 (l) "Discriminatory practice" means: 16 (1) the exclusion of a person from equal opportunities because of 17 race, religion, color, sex, sexual orientation, gender identity, 18 disability, national origin, or ancestry; 19 (2) a system that excludes persons from equal opportunities 20 because of race, religion, color, sex, sexual orientation, gender 21 identity, disability, national origin, or ancestry; 22 (3) the promotion of racial segregation or separation in any 23 manner, including but not limited to the inducing of or the 24 attempting to induce for profit any person to sell or rent any 25 dwelling by representations regarding the entry or prospective 26 entry in the neighborhood of a person or persons of a particular 27 race, religion, color, sex, sexual orientation, gender identity, 28 disability, national origin, or ancestry; or 29 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is 30 committed by a covered entity (as defined in IC 22-9-5-4). 31 Every discriminatory practice relating to the acquisition or sale of real 32 estate, education, public accommodations, employment, or the 33 extending of credit (as defined in IC 24-4.5-1-301) shall be considered 34 unlawful unless it is specifically exempted by this chapter. 35 (m) "Public accommodation" means any establishment that caters 36 or offers its services or facilities or goods to the general public. 37 (n) "Complainant" means: 38 (1) any individual charging on his the individual's own behalf to 39 have been personally aggrieved by a discriminatory practice; or 40 (2) the director or deputy director of the commission charging that 41 a discriminatory practice was committed against a person other 42 than himself the director or deputy director or a class of people, C o p y 21 2007 IN 1716—LS 7200/DI 107+ 1 in order to vindicate the public policy of the state (as defined in 2 section 2 of this chapter). 3 (o) "Complaint" means any written grievance that is: 4 (1) sufficiently complete and filed by a complainant with the 5 commission; or 6 (2) filed by a complainant as a civil action in the circuit or 7 superior court having jurisdiction in the county in which the 8 alleged discriminatory practice occurred. 9 The original of any complaint filed under subdivision (1) shall be 10 signed and verified by the complainant. 11 (p) "Sufficiently complete" refers to a complaint that includes: 12 (1) the full name and address of the complainant; 13 (2) the name and address of the respondent against whom the 14 complaint is made; 15 (3) the alleged discriminatory practice and a statement of 16 particulars thereof; 17 (4) the date or dates and places of the alleged discriminatory 18 practice and if the alleged discriminatory practice is of a 19 continuing nature the dates between which continuing acts of 20 discrimination are alleged to have occurred; and 21 (5) a statement as to any other action, civil or criminal, instituted 22 in any other form based upon the same grievance alleged in the 23 complaint, together with a statement as to the status or disposition 24 of the other action. 25 No complaint shall be valid unless filed within one hundred eighty 26 (180) days from the date of the occurrence of the alleged 27 discriminatory practice. 28 (q) "Sex" as it applies to segregation or separation in this chapter 29 applies to all types of employment, education, public accommodations, 30 and housing. However: 31 (1) it shall not be a discriminatory practice to maintain separate 32 rest rooms; 33 (2) it shall not be an unlawful employment practice for an 34 employer to hire and employ employees, for an employment 35 agency to classify or refer for employment any individual, for a 36 labor organization to classify its membership or to classify or refer 37 for employment any individual, or for an employer, a labor 38 organization, or a joint labor management committee controlling 39 apprenticeship or other training or retraining programs to admit 40 or employ any other individual in any program on the basis of sex 41 in those certain instances where sex is a bona fide occupational 42 qualification reasonably necessary to the normal operation of that C o p y 22 2007 IN 1716—LS 7200/DI 107+ 1 particular business or enterprise; and 2 (3) it shall not be a discriminatory practice for a private or 3 religious educational institution to continue to maintain and 4 enforce a policy of admitting students of one (1) sex only. 5 (r) "Disabled" or "disability" means the physical or mental condition 6 of a person that constitutes a substantial disability. In reference to 7 employment, under this chapter, "disabled or disability" also means the 8 physical or mental condition of a person that constitutes a substantial 9 disability unrelated to the person's ability to engage in a particular 10 occupation. 11 SECTION 31. IC 22-9-1-6 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The commission 13 shall establish and maintain a permanent office in the city of 14 Indianapolis. 15 (b) The commission may appoint such attorneys and other 16 employees and agents as it considers necessary, fix their compensation 17 within the limitation provided by law, and prescribe their duties. All 18 these employees, with the exception of the executive director and 19 attorneys, shall be appointed by the commission from eligible lists to 20 be promulgated by the department of personnel as the result of a 21 competitive examination held under IC 4-15-2 and rules of the 22 department and on the basis of training, practical experience, 23 education, and character. However, special consideration and due 24 weight shall be given to the practical experience and training that a 25 person may have for the particular position involved regardless of his 26 the person's academic training. Promotions, suspensions, and removal 27 of persons appointed from such lists shall be in accordance with 28 IC 4-15-2. The reasonable and necessary traveling expenses of each 29 employee of the commission while actually engaged in the performance 30 of duties in behalf of the commission shall be paid in accordance with 31 the state travel policies and procedures established by the Indiana 32 department of administration and approved by the budget agency. 33 (c) Except as it concerns judicial review, the commission may adopt 34 rules under IC 4-22-2 to implement this chapter. 35 (d) The commission shall formulate policies to effectuate the 36 purposes of this chapter and make recommendations to agencies and 37 officers of the state or local subdivisions thereof to effectuate such 38 policies. The several departments, commissions, divisions, authorities, 39 boards, bureaus, agencies, and officers of the state or any political 40 subdivision or agency thereof shall furnish the commission, upon its 41 request, all records, papers, and information in their possession relating 42 to any matter before the commission. C o p y 23 2007 IN 1716—LS 7200/DI 107+ 1 (e) The commission shall receive and investigate complaints 2 alleging discriminatory practices. The commission shall not hold 3 hearings in the absence of a complaint. All investigations of complaints 4 shall be conducted by staff members of the civil rights commission or 5 their agents. 6 (f) The commission may create such advisory agencies and 7 conciliation councils, local or statewide, as will aid in effectuating the 8 purposes of this chapter. The commission may itself, or it may 9 empower these agencies and councils to: 10 (1) study the problems of discrimination in the areas covered by 11 section 2 of this chapter when based on race, religion, color, sex, 12 sexual orientation, gender identity, handicap, national origin, or 13 ancestry; and 14 (2) foster through community effort, or otherwise, good will 15 among the groups and elements of the population of the state. 16 These agencies and councils may make recommendation 17 recommendations to the commission for the development of policies 18 and procedures in general. Advisory agencies and conciliation councils 19 created by the commission shall be composed of representative citizens 20 serving without pay, but with reimbursement for reasonable and 21 necessary actual expenses. 22 (g) The commission may issue such publications and such results of 23 investigations and research as in its judgment will tend to promote 24 good will and minimize or eliminate discrimination because of race, 25 religion, color, sex, sexual orientation, gender identity, handicap, 26 national origin, or ancestry. 27 (h) The commission shall prevent any person from discharging, 28 expelling, or otherwise discriminating against any other person because 29 he the person filed a complaint, testified in any hearing before this 30 commission, or in any way assisted the commission in any matter under 31 its investigation. 32 (i) The commission may hold hearings, subpoena witnesses, compel 33 their attendance, administer oaths, take the testimony of any person 34 under oath, and require the production for examination of any books 35 and papers relating to any matter under investigation or in question 36 before the commission. The commission may make rules as to the 37 issuance of subpoenas by individual commissioners. Contumacy or 38 refusal to obey a subpoena issued under this section shall constitute a 39 contempt. All hearings shall be held within Indiana at a location 40 determined by the commission. A citation of contempt may be issued 41 upon application by the commission to the circuit or superior court in 42 the county in which the hearing is held or in which the witness resides C o p y 24 2007 IN 1716—LS 7200/DI 107+ 1 or transacts business. 2 (j) The commission may appoint administrative law judges other 3 than commissioners, when an appointment is deemed necessary by a 4 majority of the commission. The administrative law judges shall be 5 members in good standing before the bar of Indiana and shall be 6 appointed by the chairman of the commission. An administrative law 7 judge appointed under this subsection shall have the same powers and 8 duties as a commissioner sitting as an administrative law judge. 9 However, the administrative law judge may not issue subpoenas. 10 (k) The commission shall state its findings of fact after a hearing 11 and, if the commission finds a person has engaged in an unlawful 12 discriminatory practice, shall cause to be served on this person an order 13 requiring the person to cease and desist from the unlawful 14 discriminatory practice and requiring the person to take further 15 affirmative action as will effectuate the purposes of this chapter, 16 including but not limited to the power: 17 (A) to restore complainant's losses incurred as a result of 18 discriminatory treatment, as the commission may deem necessary 19 to assure justice. However, this specific provision when applied 20 to orders pertaining to employment shall include only wages, 21 salary, or commissions; 22 (B) to require the posting of notice setting forth the public policy 23 of Indiana concerning civil rights and respondent's compliance 24 with the policy in places of public accommodations; 25 (C) to require proof of compliance to be filed by respondent at 26 periodic intervals; and 27 (D) to require a person who has been found to be in violation of 28 this chapter and who is licensed by a state agency authorized to 29 grant a license to show cause to the licensing agency why his the 30 person's license should not be revoked or suspended. 31 (l) Judicial review of a cease and desist order or other affirmative 32 action as referred to in this chapter may be obtained under IC 22-9-8. 33 If no proceeding to obtain judicial review is instituted within thirty (30) 34 days from receipt of notice by a person that an order has been made by 35 the commission, the commission, if it determines that the person upon 36 whom the cease and desist order has been served is not complying or 37 is making no effort to comply, may obtain a decree of a court for the 38 enforcement of the order in circuit or superior court upon showing that 39 the person is subject to the commission's jurisdiction and resides or 40 transacts business within the county in which the petition for 41 enforcement is brought. 42 (m) If, upon all the evidence, the commission shall find that a C o p y 25 2007 IN 1716—LS 7200/DI 107+ 1 person has not engaged in any unlawful practice or violation of this 2 chapter, the commission shall state its findings of facts and shall issue 3 and cause to be served on the complainant an order dismissing the 4 complaint as to the person. 5 (n) The commission may furnish technical assistance requested by 6 persons subject to this chapter to further compliance with this chapter 7 or with an order issued thereunder. 8 (o) The commission shall promote the creation of local civil rights 9 agencies to cooperate with individuals, neighborhood associations, and 10 state, local, and other agencies, both public and private, including 11 agencies of the federal government and of other states. 12 (p) The commission may reduce the terms of conciliation agreed to 13 by the parties to writing (to be called a consent agreement) that the 14 parties and a majority of the commissioners shall sign. When signed, 15 the consent agreement shall have the same effect as a cease and desist 16 order issued under subsection (k). If the commission determines that a 17 party to the consent agreement is not complying with it, the 18 commission may obtain enforcement of the consent agreement in a 19 circuit or superior court upon showing that the party is not complying 20 with the consent agreement and the party is subject to the commission's 21 jurisdiction and resides or transacts business within the county in 22 which the petition for enforcement is brought. 23 (q) In lieu of investigating a complaint and holding a hearing under 24 this section, the commission may issue an order based on findings and 25 determinations by the federal Department of Housing and Urban 26 Development or the federal Equal Employment Opportunity 27 Commission concerning a complaint that has been filed with one (1) of 28 these federal agencies and with the commission. The commission shall 29 adopt by rule standards under which the commission may issue such an 30 order. 31 (r) Upon notice that a complaint is the subject of an action in a 32 federal court, the commission shall immediately cease investigation of 33 the complaint and may not conduct hearings or issue findings of fact or 34 orders concerning that complaint. 35 SECTION 32. IC 22-9-1-10 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. Every contract to 37 which the state or any of its political or civil subdivisions is a party, 38 including franchises granted to public utilities, shall contain a provision 39 requiring the contractor and his the contractor's subcontractors not to 40 discriminate against any employee or applicant for employment to be 41 employed in the performance of such contract, with respect to his the 42 employee's or applicant's hire, tenure, terms, conditions, or privileges C o p y 26 2007 IN 1716—LS 7200/DI 107+ 1 of employment or any matter directly or indirectly related to 2 employment, because of his the employee's or applicant's race, 3 religion, color, sex, sexual orientation, gender identity, disability, 4 national origin, or ancestry. Breach of this covenant may be regarded 5 as a material breach of the contract. 6 SECTION 33. IC 22-9-1-11 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. In addition to its 8 power to investigate the discriminatory practices referred to in this 9 chapter, the commission may receive written complaints of violation of 10 this chapter or other discriminatory practices based upon race, religion, 11 color, sex, sexual orientation, gender identity, national origin, or 12 ancestry and to investigate such complaints as it deems meritorious, or 13 to conduct such investigation in the absence of complaints whenever 14 it deems it in the public interest. It may transmit to the general 15 assembly its recommendations for legislation designed to aid in the 16 removing of such discrimination. 17 SECTION 34. IC 22-9-2-11 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. Nothing contained 19 herein shall be deemed to repeal any of the provisions of any law of 20 this state relating to discrimination because of age, race or color, 21 religion, sex, sexual orientation, gender identity, or country of 22 ancestral origin. Nothing herein shall be deemed to limit, restrict, or 23 affect the freedom of any employer in regard to: (a) 24 (1) fixing compulsory retirement requirements for any class of 25 employees at an age or ages less than seventy (70) years; (b) 26 (2) fixing eligibility requirements for participation in, or 27 enjoyment by employees of, benefits under any annuity plan or 28 pension or retirement plan on the basis that any employee may be 29 excluded from eligibility therefor who, at the time he the 30 employee would otherwise become eligible for such benefits, is 31 older than the age fixed in such eligibility requirements; or (c) 32 (3) keeping age records for any such purposes. 33 SECTION 35. IC 22-9.5-3-2 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. This article does not 35 prohibit a religious organization, an association, or a society or a 36 nonprofit institution or an organization operated, supervised, or 37 controlled by or in conjunction with a religious organization, an 38 association, or a society from: 39 (1) limiting the sale, rental, or occupancy of dwellings that it 40 owns or operates for other than a commercial purpose to persons 41 of the same religion; or 42 (2) giving preference to persons of the same religion, unless C o p y 27 2007 IN 1716—LS 7200/DI 107+ 1 membership in the religion is restricted because of race, color, or 2 national origin, ancestry, sex, sexual orientation, or gender 3 identity. 4 SECTION 36. IC 22-9.5-3-3 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. This article does not 6 prohibit a private club not open to the public that, as an incident to the 7 club's primary purpose, provides lodging that the club owns or operates 8 for other than a commercial purpose from limiting the rental or 9 occupancy of that lodging to the members or from giving preference to 10 the members, unless membership in the club is restricted because of 11 race, color, or national origin, ancestry, sex, sexual orientation, or 12 gender identity. 13 SECTION 37. IC 22-9.5-3-5 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. This article does not 15 prohibit a person engaged in the business of furnishing appraisals of 16 real property from taking into consideration factors other than race, 17 color, religion, sex, sexual orientation, gender identity, disability, 18 familial status, ancestry, or national origin. 19 SECTION 38. IC 22-9.5-5-1 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) A person may not 21 refuse to sell or to rent after the making of a bona fide offer, refuse to 22 negotiate for the sale or rental of, or otherwise make unavailable or 23 deny a dwelling to any person because of race, color, religion, sex, 24 sexual orientation, gender identity, familial status, disability, 25 ancestry, or national origin. 26 (b) A person may not discriminate against any person in the terms, 27 conditions, or privileges of sale or rental of a dwelling, or in providing 28 services or facilities in connection with the sale or rental of a dwelling, 29 because of race, color, religion, sex, sexual orientation, gender 30 identity, familial status, disability, ancestry, or national origin. 31 (c) This section does not prohibit discrimination against a person 32 because the person has been convicted under federal law or the law of 33 any state of the illegal manufacture or distribution of a controlled 34 substance. 35 SECTION 39. IC 22-9.5-5-2 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person may not 37 make, print, or publish or cause to be made, printed, or published any 38 notice, statement, or advertisement with respect to the sale or rental of 39 a dwelling that indicates any preference, limitation, or discrimination 40 based on race, color, religion, sex, sexual orientation, gender 41 identity, disability, familial status, ancestry, or national origin, or an 42 intention to make such a preference, limitation, or discrimination. C o p y 28 2007 IN 1716—LS 7200/DI 107+ 1 SECTION 40. IC 22-9.5-5-3 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. A person may not 3 represent to any person because of race, color, religion, sex, sexual 4 orientation, gender identity, disability, familial status, ancestry, or 5 national origin that a dwelling is not available for inspection for sale or 6 rental when the dwelling is available for inspection. 7 SECTION 41. IC 22-9.5-5-4 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A person may not, 9 for profit, induce or attempt to induce a person to sell or rent a dwelling 10 by representations regarding the entry or prospective entry into a 11 neighborhood of a person of a particular race, color, religion, sex, 12 sexual orientation, gender identity, disability, familial status, 13 ancestry, or national origin. 14 SECTION 42. IC 22-9.5-5-6 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) As used in this 16 section, "residential real estate related transaction" means the 17 following: 18 (1) Making or purchasing loans or providing other financial 19 assistance: 20 (A) to purchase, construct, improve, repair, or maintain a 21 dwelling; or 22 (B) to secure residential real estate. 23 (2) Selling, brokering, or appraising residential real property. 24 (b) A person whose business includes engaging in residential real 25 estate related transactions may not discriminate against a person in 26 making a real estate related transaction available or in the terms or 27 conditions of a real estate related transaction because of race, color, 28 religion, sex, sexual orientation, gender identity, disability, familial 29 status, ancestry, or national origin. 30 SECTION 43. IC 22-9.5-5-7 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. A person may not 32 deny any person access to, or membership or participation in, a 33 multiple-listing service, real estate brokers' organization, or other 34 service, organization, or facility relating to the business of selling or 35 renting dwellings, or discriminate against a person in the terms or 36 conditions of access, membership, or participation in such an 37 organization, service, or facility because of race, color, religion, sex, 38 sexual orientation, gender identity, disability, familial status, 39 ancestry, or national origin. 40 SECTION 44. IC 22-9.5-10-1 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. A person commits 42 a Class A misdemeanor if the person, whether or not acting under color C o p y 29 2007 IN 1716—LS 7200/DI 107+ 1 of law, by force or threat of force intentionally intimidates or interferes 2 with or attempts to intimidate or interfere with a person: 3 (1) because of the person's race, color, religion, sex, sexual 4 orientation, gender identity, disability, familial status, ancestry, 5 or national origin and because the person is or has been selling, 6 purchasing, renting, financing, occupying, or contracting or 7 negotiating for the sale, purchase, rental, financing, or occupation 8 of any dwelling, or applying for or participating in a service, 9 organization, or facility relating to the business of selling or 10 renting dwellings; or 11 (2) because the person is or has been, or to intimidate the person 12 from: 13 (A) participating, without discrimination because of race, 14 color, religion, sex, sexual orientation, gender identity, 15 disability, familial status, ancestry, or national origin, in an 16 activity, a service, an organization, or a facility described in 17 subdivision (1); 18 (B) affording another person opportunity or protection to 19 participate in an activity, a service, an organization, or a 20 facility described in subdivision (1); or 21 (C) lawfully aiding or encouraging other persons to participate, 22 without discrimination because of race, color, religion, sex, 23 sexual orientation, gender identity, disability, familial status, 24 ancestry, or national origin, in an activity, a service, an 25 organization, or a facility described in subdivision (1). 26 SECTION 45. IC 24-9-3-9 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. It is unlawful for a 28 creditor to discriminate against any applicant with respect to any aspect 29 of a credit transaction on the basis of race, color, religion, ancestry, 30 national origin, sex, marital status, sexual orientation, gender 31 identity, or age, if the applicant has the ability to contract. 32 SECTION 46. IC 27-2-17-6 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) An insurance 34 company that issues property or casualty insurance shall not 35 discriminate in the appointment of an independent insurance producer 36 on the basis of race, color, national origin, ancestry, sexual 37 orientation, gender identity, or gender. 38 (b) Except as provided in subsection (c), the department has 39 exclusive jurisdiction to investigate any complaints of discrimination 40 in the appointment of independent insurance producers in violation of 41 subsection (a). 42 (c) If the commissioner of the department determines after a hearing C o p y 30 2007 IN 1716—LS 7200/DI 107+ 1 that an insurance company has violated subsection (a), the 2 commissioner may order one (1) of the following remedies: 3 (1) Payment of a civil penalty of not more than two thousand 4 dollars ($2,000) for each violation. 5 (2) Suspension or revocation of the insurance company's 6 certificate of authority if the commissioner determines that the 7 violation was willful or wanton and that similar violations have 8 been committed by that company with a frequency that constitutes 9 a general business practice. 10 (3) Any other remedy agreed to by the department and the 11 insurance company. 12 (d) Any determination made by the commissioner under this section 13 is subject to IC 4-21.5. 14 (e) Findings of the department under this section may not be 15 considered as evidence in any civil action other than an appeal as 16 provided under IC 4-21.5. 17 SECTION 47. IC 27-2-21-16 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. An insurer that uses 19 credit information to underwrite or rate risks shall not do the following: 20 (1) Use an insurance score that is calculated using income, 21 gender, address, ZIP code, ethnic group, religion, marital status, 22 sexual orientation, gender identity, ancestry, or nationality of 23 the consumer as a factor. 24 (2) Deny, cancel, or decline to renew a personal insurance policy 25 solely on the basis of credit information. 26 (3) Base an insured's renewal rate for a personal insurance policy 27 solely on credit information. 28 (4) Take an adverse action against a consumer solely because the 29 consumer does not have a credit card account. 30 (5) Consider an absence of credit information or an inability to 31 calculate an insurance score in underwriting or rating a personal 32 insurance policy, unless the insurer does one (1) of the following: 33 (A) Presents to the commissioner information that the absence 34 or inability relates to the risk for the insurer and treats the 35 consumer as approved by the commissioner. 36 (B) Treats the consumer as if the consumer had neutral credit 37 information, as defined by the insurer. 38 (6) Take an adverse action against a consumer based on credit 39 information unless the insurer obtains and uses: 40 (A) a credit report issued; or 41 (B) an insurance score calculated; 42 not more than ninety (90) days before the date the personal C o p y 31 2007 IN 1716—LS 7200/DI 107+ 1 insurance policy is first written or the renewal is issued. 2 (7) Use credit information unless the insurer recalculates the 3 insurance score or obtains an updated credit report at least every 4 thirty-six (36) months. However, the following apply: 5 (A) At annual renewal, upon the request of an insured or the 6 insured's agent, the insurer shall re-underwrite and re-rate the 7 personal insurance policy based on a current credit report or 8 insurance score unless one (1) of the following applies: 9 (i) The insurer's treatment of the consumer is otherwise 10 approved by the commissioner. 11 (ii) The insured is in the most favorably priced tier of the 12 insurer, within a group of affiliated insurers. 13 (iii) Credit information was not used for underwriting or 14 rating the insured when the personal insurance policy was 15 initially written. 16 (iv) The insurer reevaluates the insured at least every 17 thirty-six (36) months after a personal insurance policy is 18 issued based on underwriting or rating factors other than 19 credit information. 20 This clause does not require an insurer to recalculate an 21 insurance score or obtain an updated credit report of a 22 consumer more frequently than one (1) time in a twelve (12) 23 month period. 24 (B) An insurer may obtain current credit information upon the 25 renewal of a personal insurance policy when renewal occurs 26 more frequently than every thirty-six (36) months if consistent 27 with the insurer's underwriting guidelines. 28 (8) Use the following as a negative factor in an insurance scoring 29 methodology or in reviewing credit information for the purpose 30 of underwriting or rating a personal insurance policy: 31 (A) A credit inquiry: 32 (i) not initiated by the consumer; or 33 (ii) requested by the consumer for the consumer's own credit 34 information. 35 (B) A credit inquiry relating to insurance coverage. 36 (C) A collection account with a medical industry code on the 37 consumer's credit report. 38 (D) Multiple lender inquiries: 39 (i) coded by the consumer reporting agency on the 40 consumer's credit report as being from the home mortgage 41 industry; and 42 (ii) made within thirty (30) days of one another. C o p y 32 2007 IN 1716—LS 7200/DI 107+ 1 (E) Multiple lender inquiries: 2 (i) coded by the consumer reporting agency on the 3 consumer's credit report as being from the automobile 4 lending industry; and 5 (ii) made within thirty (30) days of one another. 6 SECTION 48. IC 27-7-12-7 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. Termination of 8 property insurance coverage by an insurer is prohibited if the 9 termination is based on any of the following: 10 (1) Upon the race, religion, nationality, ancestry, ethnic group, 11 age, sex, sexual orientation, gender identity, or marital status of 12 the applicant or named insured. 13 (2) Solely upon the lawful occupation or profession of the 14 applicant or named insured. However, this subdivision does not 15 apply to an insurer that limits its market to one (1) lawful 16 occupation or profession or to several related lawful occupations 17 or professions. 18 (3) Upon the age or location of the residence of the applicant or 19 named insured, unless that decision is for a business purpose that 20 is not a mere pretext for a decision based on factors prohibited in 21 this chapter or any other provision of this title. 22 (4) Upon the fact that another insurer previously declined to 23 insure the applicant or terminated an existing policy in which the 24 applicant was the named insured. 25 (5) Upon the fact that the applicant or named insured previously 26 obtained insurance coverage through a residual market insurance 27 mechanism. 28 SECTION 49. IC 31-9-2-51 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 51. "Hard to place 30 child" or "hard to place children", for purposes of IC 31-19, means a 31 child who is or children who are disadvantaged: 32 (1) because of: 33 (A) ethnic background; 34 (B) race; 35 (C) color; 36 (D) language; 37 (E) physical, mental, or medical disability; or 38 (F) creed; 39 (G) sex; 40 (H) sexual orientation; 41 (I) gender identity; 42 (J) ancestry; or C o p y 33 2007 IN 1716—LS 7200/DI 107+ 1 (F) (K) age; or 2 (2) because the child or children are members of a sibling group 3 that should be placed in the same home. 4 SECTION 50. IC 31-19-8-6 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The agency's 6 report must, to the extent possible, include the following: 7 (1) The former environment and antecedents of the child. 8 (2) The fitness of the child for adoption. 9 (3) Whether the child is classified as hard to place: 10 (A) because of the child's ethnic background, race, color, 11 language, physical, mental or medical disability, sex, sexual 12 orientation, gender identity, ancestry, national origin, or 13 age; or 14 (B) because the child is a member of a sibling group that 15 should be placed in the same home. 16 (4) The suitability of the proposed home for the child. 17 (b) The report may not contain any of the following: 18 (1) Information concerning the financial condition of the parents. 19 (2) A recommendation that a request for a subsidy be denied in 20 whole or in part due to the financial condition of the parents. 21 (c) The criminal history information required under IC 31-19-2-7.5 22 must accompany the report. 23 SECTION 51. IC 33-28-4-8, AS AMENDED BY P.L.4-2006, 24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2007]: Sec. 8. (a) A prospective juror is disqualified to serve 26 on a jury if any of the following conditions exist: 27 (1) The person is not a citizen of the United States, at least 28 eighteen (18) years of age, and a resident of the county. 29 (2) The person is unable to read, speak, and understand the 30 English language with a degree of proficiency sufficient to fill out 31 satisfactorily a juror qualification form. 32 (3) The person is incapable of rendering satisfactory jury service 33 due to physical or mental disability. However, a person claiming 34 this disqualification may be required to submit a physician's or 35 authorized Christian Science practitioner's certificate confirming 36 the disability, and the certifying physician or practitioner is then 37 subject to inquiry by the court at the court's discretion. 38 (4) The person is under a sentence imposed for an offense. 39 (5) A guardian has been appointed for the person under IC 29-3 40 because the person has a mental incapacity. 41 (6) The person has had rights revoked by reason of a felony 42 conviction and the rights have not been restored. C o p y 34 2007 IN 1716—LS 7200/DI 107+ 1 (b) A person scheduled to appear for jury service has the right to 2 defer the date of the person's initial appearance for jury service one (1) 3 time upon a showing of hardship, extreme inconvenience, or necessity. 4 The court shall grant a prospective juror's request for deferral if the 5 following conditions are met: 6 (1) The prospective juror has not previously been granted a 7 deferral. 8 (2) The prospective juror requests a deferral by contacting the 9 jury commissioner: 10 (A) by telephone; 11 (B) by electronic mail; 12 (C) in writing; or 13 (D) in person. 14 (3) The prospective juror selects another date on which the 15 prospective juror will appear for jury service that is: 16 (A) not more than one (1) year after the date upon which the 17 prospective juror was originally scheduled to appear; and 18 (B) a date when the court will be in session. 19 (4) The court determines that the prospective juror has 20 demonstrated that a deferral is necessary due to: 21 (A) hardship; 22 (B) extreme inconvenience; or 23 (C) necessity. 24 (c) A person may not serve as a petit juror in any county if the 25 person served as a petit juror in the same county within the previous 26 three hundred sixty-five (365) days. The fact that a person's selection 27 as a juror would violate this subsection is sufficient cause for 28 challenge. 29 (d) A grand jury, a petit jury, or an individual juror drawn for 30 service in one (1) court may serve in another court of the county, in 31 accordance with orders entered on the record in each of the courts. 32 (e) The same petit jurors may be used in civil cases and in criminal 33 cases. 34 (f) A person may not be excluded from jury service on account of 35 race, color, religion, sex, sexual orientation, gender identity, 36 ancestry, national origin, or economic status. 37 (g) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of 38 the right to serve on a jury under this section and except as provided in 39 subsections (h), (i), and (l), a person who has been convicted of a crime 40 of domestic violence (as defined in IC 35-41-1-6.3) may not possess a 41 firearm: 42 (1) after the person is no longer under a sentence imposed for an C o p y 35 2007 IN 1716—LS 7200/DI 107+ 1 offense; or 2 (2) after the person has had the person's rights restored following 3 a conviction. 4 (h) Not earlier than five (5) years after the date of conviction, a 5 person who has been convicted of a crime of domestic violence (as 6 defined in IC 35-41-1-6.3) may petition the court for restoration of the 7 person's right to possess a firearm. In determining whether to restore 8 the person's right to possess a firearm, the court shall consider the 9 following factors: 10 (1) Whether the person has been subject to: 11 (A) a protective order; 12 (B) a no contact order; 13 (C) a workplace violence restraining order; or 14 (D) any other court order that prohibits the person from 15 possessing a firearm. 16 (2) Whether the person has successfully completed a substance 17 abuse program, if applicable. 18 (3) Whether the person has successfully completed a parenting 19 class, if applicable. 20 (4) Whether the person still presents a threat to the victim of the 21 crime. 22 (5) Whether there is any other reason why the person should not 23 possess a firearm, including whether the person failed to complete 24 a specified condition under subsection (i) or whether the person 25 has committed a subsequent offense. 26 (i) The court may condition the restoration of a person's right to 27 possess a firearm upon the person's completion of specified conditions. 28 (j) If the court denies a petition for restoration of the right to possess 29 a firearm, the person may not file a second or subsequent petition until 30 one (1) year has elapsed. 31 (k) A person has not been convicted of a crime of domestic violence 32 for purposes of subsection (h) if the conviction has been expunged or 33 if the person has been pardoned. 34 (l) The right to possess a firearm shall be restored to a person whose 35 conviction is reversed on appeal or on post-conviction review at the 36 earlier of the following: 37 (1) At the time the prosecuting attorney states on the record that 38 the charges that gave rise to the conviction will not be refiled. 39 (2) Ninety (90) days after the final disposition of the appeal or the 40 post-conviction proceeding. 41 SECTION 52. IC 33-28-6-9 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. A citizen may not be C o p y 36 2007 IN 1716—LS 7200/DI 107+ 1 excluded from jury service in counties affected by this chapter on 2 account of race, color, religion, sex, sexual orientation, gender 3 identity, ancestry, national origin, or economic status. 4 SECTION 53. IC 33-41-1-2 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A person may not 6 be considered ineligible to serve as official reporter because of the 7 person's gender, race, creed, sexual orientation, gender identity, 8 national origin, or ancestry. 9 (b) A judge may not appoint the judge's son or daughter as an 10 official reporter. 11 SECTION 54. IC 35-46-2-1 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. A person who 13 knowingly or intentionally denies to another person, because of color, 14 creed, disability, national origin, ancestry, race, religion, or sex, sexual 15 orientation, or gender identity, the full and equal use of the services, 16 facilities, or goods in: 17 (1) an establishment that caters or offers its services, facilities, or 18 goods to the general public; or 19 (2) a housing project owned or subsidized by a governmental 20 entity; 21 commits a civil rights violation, a Class B misdemeanor. 22 SECTION 55. IC 35-46-2-2 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A public servant 24 having the duty to select or summon persons for grand jury or trial jury 25 service who knowingly or intentionally fails to select or summon a 26 person because of color, creed, disability, national origin, ancestry, 27 race, religion, sexual orientation, gender identity, or sex commits 28 discrimination in jury selection, a Class A misdemeanor. 29 SECTION 56. IC 36-9-4-37 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 37. (a) The board of 31 directors of a public transportation corporation may appoint or employ 32 a general manager, accountants, attorneys, traffic engineers, drivers, 33 clerks, secretaries, guards, laborers, and other employees, and may 34 prescribe and define their duties, regulate their compensation, 35 discharge them, and appoint or employ their successors. Employees 36 shall be selected without regard to race, religion, sexual orientation, 37 gender identity, ancestry, national origin, or any personal affiliation. 38 The board shall select the general manager on the basis of his the 39 individual's fitness for the position, taking into account his the 40 individual's executive ability and his knowledge of and experience in 41 the field of mass public transportation. 42 (b) The board shall bargain collectively and enter into written C o p y 37 2007 IN 1716—LS 7200/DI 107+ 1 contracts with authorized labor organizations representing employees 2 other than executive, administrative, or professional personnel. These 3 contracts may provide for the binding arbitration of disputes, wages, 4 salaries, hours, working conditions, health and welfare, insurance, 5 vacations, holidays, sick leave, seniority, pensions, retirement, and 6 other benefits.