Text of IN SB 458 (2004)

C o p y 2004 IN 458—LS 6460/DI 107+ Introduced Version SENATE BILL No. 458 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 1-1-4-5; IC 4-4-18-8; IC 4-15; IC 5-16-6-1; IC 7.1-3; IC 8-23-2-3; IC 10-13-3-1; IC 12-20-5.5-1; IC 12-30; IC 16-23-1-21; IC 20-1-19-14; IC 20-5.5-2-2; IC 20-8.1-2; IC 20-12; IC 21-2-1-3; IC 22-9; IC 22-9.5; IC 27-7-12-7; IC 33-4; IC 35-46-2; IC 36-9-4-37. Synopsis: Discrimination based on sexual orientation. Extends anti-discrimination statutes to include prohibiting discrimination based on sexual orientation and gender identity throughout the Indiana Code. Effective: July 1, 2004. Howard January 13, 2004, read first time and referred to Committee on Judiciary. C o p y 2004 IN 458—LS 6460/DI 107+ Introduced Second Regular Session 113th General Assembly (2004) 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 2003 Regular Session of the General Assembly. SENATE BILL No. 458 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, AS AMENDED BY P.L.170-2002, 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2004]: Sec. 5. The following definitions apply to the 4 construction of all Indiana statutes, unless the construction is plainly 5 repugnant to the intent of the general assembly or of the context of the 6 statute: 7 (1) "Adult", "of full age", and "person in his the person's 8 majority" mean a person at least eighteen (18) years of age. 9 (2) "Attorney" includes a counselor or other person authorized to 10 appear and represent a party in an action or special proceeding. 11 (3) "Autism" means a neurological condition as described in the 12 most recent edition of the Diagnostic and Statistical Manual of 13 Mental Disorders of the American Psychiatric Association. 14 (4) "Bond" does not necessarily imply a seal. 15 (5) "Clerk" means the clerk of the court or a person authorized to 16 perform the clerk's duties. 17 (6) "Gender identity" means an individual's self-identification C o p y 2 2004 IN 458—LS 6460/DI 107+ 1 as a male or a female, regardless of the individual's biological 2 sex. 3 (7) "Health record", "hospital record", or "medical record" means 4 written or printed information possessed by a provider (as defined 5 in IC 16-18-2-295) concerning any diagnosis, treatment, or 6 prognosis of the patient, unless otherwise defined. Except as 7 otherwise provided, the terms include mental health records and 8 drug and alcohol abuse records. 9 (7) (8) "Highway" includes county bridges and state and county 10 roads, unless otherwise expressly provided. 11 (8) (9) "Infant" or "minor" means a person less than eighteen (18) 12 years of age. 13 (9) (10) "Inhabitant" may be construed to mean a resident in any 14 place. 15 (10) (11) "Judgment" means all final orders, decrees, and 16 determinations in an action and all orders upon which executions 17 may issue. 18 (11) (12) "Land", "real estate", and "real property" include lands, 19 tenements, and hereditaments. 20 (12) (13) "Mentally incompetent" means of unsound mind. 21 (13) (14) "Money demands on contract", when used in reference 22 to an action, means an action arising out of contract when the 23 relief demanded is a recovery of money. 24 (14) (15) "Month" means a calendar month, unless otherwise 25 expressed. 26 (15) (16) "Noncode statute" means a statute that is not codified as 27 part of the Indiana Code. 28 (16) (17) "Oath" includes "affirmation", and "to swear" includes 29 to affirm. 30 (17) (18) "Person" extends to bodies politic and corporate. 31 (18) (19) "Personal property" includes goods, chattels, evidences 32 of debt, and things in action. 33 (19) (20) "Population" has the meaning set forth in IC 1-1-3.5-3. 34 (20) (21) "Preceding" and "following", referring to sections in 35 statutes, mean the sections next preceding or next following that 36 in which the words occur, unless some other section is designated. 37 (21) (22) "Property" includes personal and real property. 38 (22) (23) "Sheriff" means the sheriff of the county or another 39 person authorized to perform sheriff's duties. 40 (23) (24) "State", applied to any one (1) of the United States, 41 includes the District of Columbia and the commonwealths, 42 possessions, states in free association with the United States, and C o p y 3 2004 IN 458—LS 6460/DI 107+ 1 the territories. "United States" includes the District of Columbia 2 and the commonwealths, possessions, states in free association 3 with the United States, and the territories. 4 (24) (25) "Under legal disabilities" includes persons less than 5 eighteen (18) years of age, mentally incompetent, or out of the 6 United States. 7 (25) (26) "Verified", when applied to pleadings, means supported 8 by oath or affirmation in writing. 9 (26) (27) "Will" includes a testament and codicil. 10 (27) (28) "Without relief" in any judgment, contract, execution, 11 or other instrument of writing or record, means without the 12 benefit of valuation laws. 13 (28) (29) "Written" and "in writing" include printing, 14 lithographing, or other mode of representing words and letters. If 15 the written signature of a person is required, the terms mean the 16 proper handwriting of the person or the person's mark. 17 (29) (30) "Year" means a calendar year, unless otherwise 18 expressed. 19 (30) (31) The definitions in IC 35-41-1 apply to all statutes 20 relating to penal offenses. 21 SECTION 2. IC 4-4-18-8 IS AMENDED TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2004]: Sec. 8. A political subdivision (as 23 defined in IC 36-1-2-13), a not-for-profit organization, or a for profit 24 organization may submit an application to the corporation to obtain a 25 grant, loan, or loan guarantee to establish a small business incubator. 26 The application must: 27 (1) describe the facility that is to be converted to an incubator; 28 (2) specify the cost of the conversion; 29 (3) demonstrate the ability of the applicant to directly provide or 30 arrange for the provision of business development services 31 (including financial consulting assistance, management and 32 marketing assistance, and physical services) for tenants of the 33 incubator; 34 (4) demonstrate a potential for sustained use of the incubator by 35 eligible tenants, through a market study or other means; 36 (5) demonstrate the ability of the applicant to operate the 37 incubator in accordance with section 20 of this chapter; 38 (6) state that the applicant will not discriminate against an 39 employee or applicant for employment on the basis of race, 40 religion, color, national origin, sex, sexual orientation, gender 41 identity, or age; and 42 (7) include any other information required by the corporation. C o p y 4 2004 IN 458—LS 6460/DI 107+ 1 SECTION 3. IC 4-15-2-35 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 35. Any regular 3 employee may file a complaint if his the employee's status of 4 employment is involuntarily changed or if he the employee deems 5 conditions of employment to be unsatisfactory. However, the complaint 6 procedure shall be initiated as soon as possible after the occurrence of 7 the act or condition complained of and in no event shall be initiated 8 more than thirty (30) calendar days after the employee is notified of a 9 change in his the employee's status of employment or after an 10 unsatisfactory condition of employment is created. Failure to initiate 11 the complaint procedure within such time period shall render the 12 complaint procedure unavailable to the employee. The following 13 complaint procedure shall be followed: 14 Step I: The complaint procedure shall be initiated by a discussion of 15 the complaint by the employee and his the employee's immediate 16 supervisor and, if a mutually satisfactory settlement has not been made 17 within two (2) consecutive working days, such complaint may be 18 referred to Step II. 19 Step II: The complaint shall be reduced to writing and presented to 20 the intermediate supervisor. If a mutually satisfactory settlement has 21 not been reached within four (4) consecutive working days, such 22 complaint may then be referred to the appointing authority. 23 Step III: The appointing authority or his the appointing authority's 24 designated representative shall hold such hearings and conduct such 25 investigations as he the appointing authority deems necessary to 26 render a decision and shall make such decision in writing within ten 27 (10) consecutive working days. 28 Should the appointing authority or his the appointing authority's 29 designated representative not find in favor of the employee, the 30 complaint may be submitted within fifteen (15) calendar days to the 31 state personnel director. The director or his the director's designee 32 shall review the complaint and render a decision within fifteen (15) 33 calendar days. If the decision is not agreeable to the employee, an 34 appeal may be submitted by the employee in writing to the commission 35 no later than fifteen (15) calendar days from the date the employee has 36 been given notice of the action taken by the personnel director or his 37 the personnel director's designee. After submission of the appeal, the 38 commission shall, prior to rendering its decision, grant the appealing 39 employee and the appointing authority a public hearing, with the right 40 to be represented and to present evidence. With respect to all appeals, 41 the commission shall render its decision within thirty (30) days after 42 the date of the hearing on the appeal. If the commission finds that the C o p y 5 2004 IN 458—LS 6460/DI 107+ 1 action against the employee was taken on the basis of politics, religion, 2 sex, age, race, sexual orientation, gender identity, or because of 3 membership in an employee organization, the employee shall be 4 reinstated to his the employee's position without loss of pay. In all 5 other cases the appointing authority shall follow the recommendation 6 of the commission, which may include reinstatement and payment of 7 salary or wages lost by the employee, which may be mitigated by any 8 wages the employee earned from other employment during a dismissed 9 or suspended period. 10 If the recommendation of the commission is not agreeable to the 11 employee, the employee, within fifteen (15) calendar days from receipt 12 of the commission recommendation, may elect to submit the complaint 13 to arbitration. The cost of arbitration shall be shared equally by the 14 employee and the state. of Indiana. The commissioner of labor shall 15 prepare a list of three (3) impartial individuals trained in labor 16 relations, and from this list each party shall strike one (1) name. The 17 remaining arbitrator shall consider the issues which were presented to 18 the commission and shall afford the parties a public hearing with the 19 right to be represented and to present evidence. The arbitrator's 20 findings and recommendations shall be binding on both parties and 21 shall immediately be instituted by the commission. 22 SECTION 4. IC 4-15-3-2 IS AMENDED TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2004]: Sec. 2. Appointments to, and promotions 24 in engineering positions in the engineering service of any department, 25 commission, bureau, board, or division of the state of Indiana shall be 26 made only according to merit and fitness. No person in the engineering 27 service of any department, commission, bureau, board, or division of 28 the state of Indiana or seeking admission thereto, shall be appointed, 29 promoted, or in any way favored or discriminated against because of 30 his the person's race, religion, color, sex, sexual orientation, gender 31 identity, national origin, or ancestry. 32 SECTION 5. IC 4-15-12-2 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. The state is 34 committed to an affirmative action policy that includes the 35 establishment of employment policies and conditions that ensure the 36 elimination of underutilization of qualified members of affected classes 37 and the elimination of discrimination on the basis of race or color, 38 religion, national origin or ancestry, age, sex, sexual orientation, 39 gender identity, and disability. 40 SECTION 6. IC 5-16-6-1 IS AMENDED TO READ AS FOLLOWS 41 [EFFECTIVE JULY 1, 2004]: Sec. 1. Every contract for or on behalf 42 of the state of Indiana or any of the municipal corporations thereof, for C o p y 6 2004 IN 458—LS 6460/DI 107+ 1 the construction, alteration, or repair of any public building or public 2 work in the state of Indiana shall contain provisions by which the 3 contractor agrees: 4 (a) That in the hiring of employees for the performance of work 5 under this contract or any subcontract hereunder, no contractor, or 6 subcontractor, nor any person acting on behalf of such contractor or 7 subcontractor, shall, by reason of race, religion, color, sex, sexual 8 orientation, gender identity, national origin, or ancestry, discriminate 9 against any citizen of the state of Indiana who is qualified and available 10 to perform the work to which the employment relates; 11 (b) That no contractor, subcontractor, nor any person on his behalf 12 of a contractor or subcontractor shall, in any manner, discriminate 13 against or intimidate any employee hired for the performance of work 14 under this contract on account of race, religion, color, sex, sexual 15 orientation, gender identity, national origin, or ancestry; 16 (c) That there may be deducted from the amount payable to the 17 contractor by the state of Indiana or by any municipal corporation 18 thereof, under this contract, a penalty of five dollars ($5.00) ($5) for 19 each person for each calendar day during which such person was 20 discriminated against or intimidated in violation of the provisions of 21 the contract; and 22 (d) That this contract may be cancelled canceled or terminated by 23 the state of Indiana or by any municipal corporation thereof, and all 24 money due or to become due hereunder may be forfeited, for a second 25 or any subsequent violation of the terms or conditions of this section of 26 the contract. 27 SECTION 7. IC 7.1-3-4-7 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) Notwithstanding 29 any other law, a beer retailer may limit sales to the following: 30 (1) Persons that the retailer selects to have access to the retailer's 31 facilities and services in return for payment of an annual fee to the 32 retailer. 33 (2) Guests of a person described in subdivision (1). 34 (b) A beer retailer may call the annual fee described in subsection 35 (a) a membership fee. 36 (c) A beer retailer may call the retailer's premises a club. However, 37 the premises is not a club within the meaning of IC 7.1-3-20-1. 38 (d) This section does not allow a beer retailer to discriminate among 39 persons on the basis of race, sex, age, sexual orientation, gender 40 identity, or religion when selecting persons to have access to the 41 retailer's facilities and services. 42 SECTION 8. IC 7.1-3-9-9.5 IS AMENDED TO READ AS C o p y 7 2004 IN 458—LS 6460/DI 107+ 1 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9.5. (a) 2 Notwithstanding any other law, a liquor retailer may limit sales to the 3 following: 4 (1) Persons that the retailer selects to have access to the retailer's 5 facilities and services in return for payment of an annual fee to the 6 retailer. 7 (2) Guests of a person described in subdivision (1). 8 (b) A liquor retailer may call the annual fee described in subsection 9 (a) a membership fee. 10 (c) A liquor retailer may call the retailer's premises a club. However, 11 the premises is not a club within the meaning of IC 7.1-3-20-1. 12 (d) This section does not allow a liquor retailer to discriminate 13 among persons on the basis of race, sex, sexual orientation, gender 14 identity, age, or religion when selecting persons to have access to the 15 retailer's facilities and services. 16 SECTION 9. IC 7.1-3-14-5 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Notwithstanding 18 any other law, a wine retailer may limit sales to the following: 19 (1) Persons that the retailer selects to have access to the retailer's 20 facilities and services in return for payment of an annual fee to the 21 retailer. 22 (2) Guests of a person described in subdivision (1). 23 (b) A wine retailer may call the annual fee described in subsection 24 (a) a membership fee. 25 (c) A wine retailer may call the retailer's premises a club. However, 26 the premises is not a club within the meaning of IC 7.1-3-20-1. 27 (d) This section does not allow a wine retailer to discriminate 28 among persons on the basis of race, sex, sexual orientation, gender 29 identity, age, or religion when selecting persons to have access to the 30 retailer's facilities and services. 31 SECTION 10. IC 8-23-2-3 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The department 33 may hire qualified individuals to carry out its responsibilities subject 34 to the budget agency's approval under IC 4-12-1-13 and may prescribe 35 their terms and conditions of employment subject to this section. 36 (b) All employees of the department whose duties require 37 specialized knowledge or skill, acquired by professional or technical 38 education, training, and experience: 39 (1) shall be employed solely on the basis of ability, taking into 40 account their qualifications to perform the duties of their 41 positions; 42 (2) shall be employed regardless of political affiliation; C o p y 8 2004 IN 458—LS 6460/DI 107+ 1 (3) may not be appointed, promoted, reduced, removed, or in any 2 way favored or discriminated against because of their political 3 affiliation, race, religion, color, sex, sexual orientation, gender 4 identity, national origin, or ancestry; 5 (4) are ineligible to hold, or be a candidate for, elected office (as 6 defined in IC 3-5-2-17) while employed by the department, except 7 as provided in subsection (h); 8 (5) may not solicit or receive political contributions; 9 (6) may not be required to make contributions for or participate 10 in political activities; 11 (7) shall be employed on a six (6) month probationary period, 12 with a written evaluation prepared after five (5) months of service 13 by their immediate supervisor for the commissioner to determine 14 if employment should continue beyond the probationary period; 15 and 16 (8) shall be evaluated annually in writing by their immediate 17 supervisor for the purpose of advising the commissioner as to 18 whether the employees should remain in their positions. 19 (c) Highway district managers are and subdistrict superintendents 20 are not subject to subsection (b). A person may not be employed by the 21 department as a highway subdistrict superintendent unless the person 22 has received training or experience in maintaining or constructing 23 roads, highways, and bridges. Highway subdistrict superintendents 24 shall devote full time to the performance of their duties. Highway 25 district managers serve at the pleasure of the commissioner but upon 26 reassignment shall be retained in a position of equal or higher job 27 classification within the department. However, the employee may elect 28 to serve in the next lower job classification within the same district. 29 (d) The appointment or dismissal of the chief highway engineer for 30 the department is at the discretion of the commissioner. The chief 31 highway engineer must be a registered professional engineer and must 32 be a graduate civil engineer or have at least ten (10) years of 33 experience in highway engineering. 34 (e) All employees of the department are subject to IC 4-15-1.8 and 35 the rules that implement IC 4-15-1.8. 36 (f) Subject to this section: 37 (1) all employees of the department are subject to demotion, 38 discipline, dismissal, or transfer at the discretion of the 39 commissioner; and 40 (2) cause for demotion, dismissal, discipline, or transfer may 41 include but is not limited to failure to satisfactorily effectuate the 42 department's transportation plan and work programs. C o p y 9 2004 IN 458—LS 6460/DI 107+ 1 (g) The commissioner may: 2 (1) require an employee or agent of the department to execute and 3 furnish a bond conditioned upon the faithful discharge and 4 performance of the duties of the employee or agent and the 5 accurate accounting of public funds that come into the employee's 6 or agent's control or custody; and 7 (2) prescribe an oath of employment for an employee or agent of 8 the department. 9 (h) Employees described in subsection (b) may: 10 (1) be candidates for: 11 (A) school board office (as defined in IC 3-5-2-45); or 12 (B) precinct committeeman or state convention delegate; 13 and serve in that office if elected; and 14 (2) be appointed to an office described in subdivision (1) and 15 serve in that office if appointed. 16 SECTION 11. IC 10-13-3-1, AS ADDED BY P.L.2-2003, 17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2004]: Sec. 1. As used in this chapter, "bias crime" means an 19 offense in which the person who commits the offense knowingly or 20 intentionally: 21 (1) selected the person who was injured; or 22 (2) damaged or otherwise affected property; 23 by the offense because of the color, creed, disability, national origin, 24 race, religion, or sexual orientation, or gender identity of the injured 25 person or of the owner or occupant of the affected property or because 26 the injured person or owner or occupant of the affected property was 27 associated with any other recognizable group or affiliation. 28 SECTION 12. IC 12-20-5.5-1 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) The township 30 trustee shall process all applications for poor relief township 31 assistance according to uniform written standards and without 32 consideration of the race, creed, nationality, or gender, sexual 33 orientation, or gender identity of the applicant or any member of the 34 applicant's household. 35 (b) The township's standards for the issuance of poor relief 36 township assistance and the processing of applications must be: 37 (1) governed by the requirements of this article; 38 (2) proposed by the township trustee, adopted by the township 39 board, and filed with the board of county commissioners; 40 (3) reviewed and updated annually to reflect changes in the cost 41 of basic necessities in the township and changes in the law; 42 (4) published in a single written document, including addenda C o p y 10 2004 IN 458—LS 6460/DI 107+ 1 attached to the document; and 2 (5) posted in a place prominently visible to the public in all 3 offices of the township trustee where poor relief township 4 assistance applications are taken or processed. 5 SECTION 13. IC 12-30-3-14 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. (a) Admission of all 7 patients and residents to the county home must be on a voluntary basis 8 and without regard to race, religion, color, sex, sexual orientation, 9 gender identity, national origin, or ancestry. 10 (b) Recipients of old age assistance and blind assistance shall be 11 admitted to the county home on the same basis and for the same charge 12 as other patients and residents in the county home. There may be no 13 discrimination in the care and treatment of patients and residents of the 14 county home because of the source of the money for the support and 15 care of the patients and residents. 16 SECTION 14. IC 12-30-7-32 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 32. Discrimination may 18 not be made in accommodation, care, or treatment of any patient at a 19 health center established under this chapter because of race, creed, 20 national origin, sexual orientation, gender identity, or ability to pay. 21 SECTION 15. IC 16-23-1-21 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 21. (a) The hospital 23 may not discriminate among patients due to the following: 24 (1) Race, color, sexual orientation, gender identity, 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 16. IC 20-1-19-14 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. (Suspension) The 33 accreditation shall be suspended at any time when any accredited 34 postsecondary proprietary educational institution denies enrollment to 35 any pupil, or makes any distinction or classification of pupils on the 36 basis of race, color, or creed, sexual orientation, or gender identity. 37 SECTION 17. IC 20-5.5-2-2, AS ADDED BY P.L.100-2001, 38 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2004]: Sec. 2. A charter school is subject to all federal and 40 state laws and constitutional provisions that prohibit discrimination on 41 the basis of the following: 42 (1) Disability. C o p y 11 2004 IN 458—LS 6460/DI 107+ 1 (2) Race. 2 (3) Color. 3 (4) Gender. 4 (5) National origin. 5 (6) Religion. 6 (7) Ancestry. 7 (8) Sexual orientation. 8 (9) Gender identity. 9 SECTION 18. IC 20-8.1-2-1 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. Policy. It is the 11 public policy of the state of Indiana: to: 12 (a) To (1) provide, furnish and make available equal, 13 non-segregated, non-discriminatory educational opportunities and 14 facilities for all regardless of race, creed, national origin, color, or 15 sex, sexual orientation, or gender identity; 16 (b) to (2) provide and furnish public schools and common schools 17 equally open to all and prohibited and denied to none because of 18 race, creed, color, or national origin; 19 (c) to (3) reaffirm the principles of our bill of rights, civil rights, 20 and our Constitution; 21 (d) to (4) provide for the state of Indiana and its citizens a uniform 22 democratic system of public and common school education; 23 (e) to (5) abolish, eliminate, and prohibit segregated and separate 24 schools or school districts on the basis of race, creed or color; and 25 (f) To (6) eliminate and prohibit segregation, separation, and 26 discrimination on the basis of race, color, or creed in the public 27 kindergartens, common schools, public schools, vocational 28 schools, colleges, and universities of the state. 29 SECTION 19. IC 20-8.1-2-3, AS AMENDED BY P.L.112-2002, 30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2004]: Sec. 3. (a) Neither the governing body of any school 32 corporation nor the board of trustees of any college or university shall 33 build or erect, establish, maintain, continue, or permit any segregated 34 or separate public kindergartens, public schools or districts, public 35 school departments or divisions, or colleges or universities on the basis 36 of race, color, creed, sexual orientation, gender identity, or national 37 origin of pupils or students. These officials may take any affirmative 38 actions that are reasonable, feasible, and practical to effect greater 39 integration and to reduce or prevent segregation or separation of races 40 in public schools for whatever cause. These actions may include, but 41 are not limited to, site selection, revision of school districts, curricula, 42 or enrollment policies to implement equalization of educational C o p y 12 2004 IN 458—LS 6460/DI 107+ 1 opportunity for all. 2 (b) A school corporation shall review the school corporation's 3 programs to determine if the school corporation's practices of: 4 (1) separating students by ability; 5 (2) placing students into educational tracks; or 6 (3) using test results to screen students; 7 have the effect of systematically separating students by race, color, 8 creed, national origin, or socioeconomic class, sexual orientation, or 9 gender identity. 10 SECTION 20. IC 20-8.1-2-4 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. Segregation 12 Prohibited, Pupils. All students and pupils shall be admitted and 13 enrolled in the public or common school in the district in which they 14 reside without regard to race, creed or color, class, sexual orientation, 15 gender identity, or national origin. No student or pupil shall be 16 prohibited, segregated, or denied attendance or enrollment to any 17 public school, common school, junior high school, or high school in his 18 the student's district, or any college or university in the state Indiana 19 because of his the student's race, creed, color, sexual orientation, 20 gender identity, or national origin. Every student and every pupil shall 21 be free to attend any public school, department or division of a public 22 school, or college or university in the state Indiana within the laws 23 applicable alike to noncitizen and nonresident students. 24 SECTION 21. IC 20-8.1-2-5 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. Segregation 26 Prohibited, Schools. No public school, state college, or state university 27 shall segregate, separate, or discriminate against any of its students on 28 the basis of race, creed, or color, sexual orientation, or gender 29 identity. Admission to any public school shall not be approved or 30 denied on the basis of race, creed, sexual orientation, gender identity, 31 or color. 32 SECTION 22. IC 20-8.1-2-6 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. Segregation 34 Prohibited, Teachers. No public school, state college, or state university 35 shall discriminate in any way in hiring, upgrading, tenure, or placement 36 of any teacher on the basis of race, creed, color, or national origin, 37 sexual orientation, or gender identity. 38 SECTION 23. IC 20-12-14.5-3 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) A student who 40 applies for admission to the academy must: 41 (1) be eligible to attend a public school in Indiana; 42 (2) demonstrate exceptional intellectual ability; and C o p y 13 2004 IN 458—LS 6460/DI 107+ 1 (3) demonstrate a commitment to scholarship. 2 (b) A student shall be admitted without regard to sex, race, religion, 3 creed, national origin, sexual orientation, gender identity, or 4 household income. 5 SECTION 24. IC 20-12-21-5 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The commission 7 shall: 8 (1) prepare and supervise the issuance of public information 9 concerning this chapter; 10 (2) prescribe the form and regulate the submission of applications 11 for higher education awards; 12 (3) conduct such conferences and interviews with applicants as 13 may be appropriate; 14 (4) determine the eligibility of applicants; 15 (5) select qualified applicants; 16 (6) determine the respective amounts of, and award, the 17 appropriate higher education awards; 18 (7) determine eligibility for, and award, annual renewals of higher 19 education awards; 20 (8) act as the designated state agency for participation in any 21 federal program for reinsurance of student loans; and 22 (9) adopt rules under IC 4-22-2 to develop standards that govern 23 the denial of assistance to higher education award applicants and 24 recipients under section 7.6 of this chapter. 25 (b) The commission may: 26 (1) make such rules as may be necessary to carry out its functions 27 under this chapter; and 28 (2) appoint advisory boards as it considers necessary. 29 (c) The commission shall exercise its functions without regard to an 30 applicant's race, creed, sex, sexual orientation, gender identity, color, 31 national origin, or ancestry. 32 SECTION 25. IC 20-12-21-5.1 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5.1. (a) In addition to 34 the duties described in section 5(a) of this chapter, the commission 35 shall do the following: 36 (1) Prepare and supervise the issuance of public information 37 concerning all of the commission's programs. 38 (2) Prescribe the form and regulate the submission of applications 39 for all of the commission's programs. 40 (3) Determine the amounts of grants and scholarships. 41 (4) Determine eligibility for grants and scholarships. 42 (5) Receive federal funds made available to the commission for C o p y 14 2004 IN 458—LS 6460/DI 107+ 1 awards, grants, and scholarships, and disburse these funds in the 2 manner prescribed by federal law. 3 (b) In addition to the powers described in section 5(b) of this 4 chapter, the commission may do the following: 5 (1) Accept gifts, grants, devises, or bequests for the purpose of 6 providing grants, awards, scholarships, loans, or other forms of 7 financial aid to students attending approved institutions of higher 8 learning. 9 (2) Enter into contracts, subject to IC 4-13-2, that the commission 10 determines are necessary to carry out the commission's functions. 11 (3) Provide administrative or technical assistance to other 12 governmental or nongovernmental entities if the provision of this 13 assistance will increase the number and value of grants, awards, 14 scholarships, or loans available to students attending approved 15 institutions of higher learning. 16 (c) When the commission receives an offer of a gift, grant, devise, 17 or bequest under subsection (b)(1), the commission may accept 18 stipulations on the use of the donated funds. In this case, sections 7(d) 19 and 17 of this chapter do not apply. Before accepting a gift, grant, 20 devise, or bequest, the commission shall determine that the purposes 21 for which a donor proposes to provide funds are: 22 (1) lawful; 23 (2) in the state's best interests; and 24 (3) generally consistent with the commission's programs and 25 purposes. 26 Whenever the commission agrees to stipulations on the use of donated 27 funds under this subsection, the commission and the donor shall, 28 subject to approval by the state budget agency and the governor or the 29 governor's designee, execute an agreement. 30 (d) Whenever the commission agrees to provide administrative or 31 technical assistance under subsection (b)(3), the commission and the 32 party to whom the assistance is to be provided shall execute an 33 agreement specifying: 34 (1) the assistance that is to be provided; and 35 (2) the charges, if any, that are to be assessed by the commission 36 for providing this assistance. 37 The commission may waive charges for administrative or technical 38 assistance under this subsection if the commission determines that a 39 waiver is in the best interest of the state. Agreements to provide 40 assistance under this subsection must be approved by the budget 41 agency and the governor or the governor's designee. 42 (e) The commission shall exercise its functions without regard to an C o p y 15 2004 IN 458—LS 6460/DI 107+ 1 applicant's race, creed, sex, sexual orientation, gender identity, color, 2 national origin, or ancestry. 3 SECTION 26. IC 21-2-1-3 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The trustee, with 5 the advice and consent of the township board, shall use such "seminary 6 lands school account" for the following educational purposes: 7 (1) Each year the trustee shall pay to the parent or legal guardian 8 of any child, whose residence is within said township, initial cost 9 for the rental of textbooks used in any elementary or secondary 10 school which has been duly accredited by the state. of Indiana. 11 Such reimbursement for the rental of school books textbooks 12 shall be for the initial yearly rental charge only, and books 13 subsequently lost or destroyed shall not be paid for from this 14 account. 15 (2) Students who are residents of said township for the last two 16 (2) years of their secondary education and who still reside within 17 said township shall receive financial assistance in an amount not 18 to exceed an amount determined by the trustee and the township 19 board during an annual review of higher education fees and 20 tuition costs of post-high school education at any accredited 21 college, university, junior college, or vocational or trade school. 22 Amounts to be paid to each eligible student shall be set annually 23 following this review. The amount so paid each year shall be 24 equitable for every eligible student without regard to race, 25 religion, creed, sex, sexual orientation, gender identity, 26 disability, or national origin and must be based on the number of 27 students and the amount of funds available each year. 28 (3) A person who has been a permanent resident of the township 29 continuously for at least two (2) years and who needs educational 30 assistance for job training or retraining may apply to the trustee 31 of the township for financial assistance. The trustee and the 32 township board shall review each application and make assistance 33 available according to the need of each applicant and the 34 availability of funds. 35 (4) If all the available funds are not used in any one (1) year, said 36 unused funds shall be retained in said account by the trustee for 37 use in succeeding years. 38 (b) The bond required by law for the trustee shall be increased by an 39 amount equal to the sum of the seminary township school fund and the 40 average annual rental income from said seminary lands. 41 (c) All funds and accounts provided in this chapter and the 42 accumulation thereof shall be periodically audited and examined in the C o p y 16 2004 IN 458—LS 6460/DI 107+ 1 same manner provided by law for public money. 2 (d) All expenditures and payments made under this chapter shall be 3 made only after necessary expenditures for the protection and 4 maintenance of the seminary land in good and safe condition are first 5 made from the annual rental income. 6 SECTION 27. IC 22-9-1-2 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) It is the public 8 policy of the state to provide all of its citizens equal opportunity for 9 education, employment, access to public conveniences and 10 accommodations, and acquisition through purchase or rental of real 11 property, including but not limited to housing, and to eliminate 12 segregation or separation based solely on race, religion, color, sex, 13 sexual orientation, gender identity, disability, national origin, or 14 ancestry, since such segregation is an impediment to equal opportunity. 15 Equal education and employment opportunities and equal access to and 16 use of public accommodations and equal opportunity for acquisition of 17 real property are hereby declared to be civil rights. 18 (b) The practice of denying these rights to properly qualified 19 persons by reason of the race, religion, color, sex, sexual orientation, 20 gender identity, disability, national origin, or ancestry of such person 21 is contrary to the principles of freedom and equality of opportunity and 22 is a burden to the objectives of the public policy of this state and shall 23 be considered as discriminatory practices. The promotion of equal 24 opportunity without regard to race, religion, color, sex, sexual 25 orientation, gender identity, disability, national origin, or ancestry 26 through reasonable methods is the purpose of this chapter. 27 (c) It is also the public policy of this state to protect employers, 28 labor organizations, employment agencies, property owners, real estate 29 brokers, builders, and lending institutions from unfounded charges of 30 discrimination. 31 (d) It is hereby declared to be contrary to the public policy of the 32 state and an unlawful practice for any person, for profit, to induce or 33 attempt to induce any person to sell or rent any dwelling by 34 representations regarding the entry or prospective entry into the 35 neighborhood of a person or persons of a particular race, religion, 36 color, sex, sexual orientation, gender identity, disability, national 37 origin, or ancestry. 38 (e) The general assembly recognizes that on February 16, 1972, 39 there are institutions of learning in Indiana presently and traditionally 40 following the practice of limiting admission of students to males or to 41 females. It is further recognized that it would be unreasonable to 42 impose upon these institutions the expense of remodeling facilities to C o p y 17 2004 IN 458—LS 6460/DI 107+ 1 accommodate students of both sexes, and that educational facilities of 2 similar quality and type are available in coeducational institutions for 3 those students desiring such facilities. It is further recognized that this 4 chapter is susceptible of interpretation to prevent these institutions 5 from continuing their traditional policies, a result not intended by the 6 general assembly. Therefore, the amendment effected by Acts 1972, 7 P.L.176, is desirable to permit the continuation of the policies 8 described. 9 (f) This chapter shall be construed broadly to effectuate its purpose. 10 SECTION 28. IC 22-9-1-3 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. As used in this 12 chapter: 13 (a) "Person" means one (1) or more individuals, partnerships, 14 associations, organizations, limited liability companies, corporations, 15 labor organizations, cooperatives, legal representatives, trustees, 16 trustees in bankruptcy, receivers, and other organized groups of 17 persons. 18 (b) "Commission" means the civil rights commission created under 19 section 4 of this chapter. 20 (c) "Director" means the director of the civil rights commission. 21 (d) "Deputy director" means the deputy director of the civil rights 22 commission. 23 (e) "Commission attorney" means the deputy attorney general, such 24 assistants of the attorney general as may be assigned to the 25 commission, or such other attorney as may be engaged by the 26 commission. 27 (f) "Consent agreement" means a formal agreement entered into in 28 lieu of adjudication. 29 (g) "Affirmative action" means those acts that the commission 30 determines necessary to assure compliance with the Indiana civil rights 31 law. 32 (h) "Employer" means the state or any political or civil subdivision 33 thereof and any person employing six (6) or more persons within the 34 state, except that the term "employer" does not include: 35 (1) any nonprofit corporation or association organized exclusively 36 for fraternal or religious purposes; 37 (2) any school, educational, or charitable religious institution 38 owned or conducted by or affiliated with a church or religious 39 institution; or 40 (3) any exclusively social club, corporation, or association that is 41 not organized for profit. 42 (i) "Employee" means any person employed by another for wages or C o p y 18 2004 IN 458—LS 6460/DI 107+ 1 salary. However, the term does not include any individual employed: 2 (1) by his the individual's parents, spouse, or child; or 3 (2) in the domestic service of any person. 4 (j) "Labor organization" means any organization that exists for the 5 purpose in whole or in part of collective bargaining or of dealing with 6 employers concerning grievances, terms, or conditions of employment 7 or for other mutual aid or protection in relation to employment. 8 (k) "Employment agency" means any person undertaking with or 9 without compensation to procure, recruit, refer, or place employees. 10 (l) "Discriminatory practice" means: 11 (1) the exclusion of a person from equal opportunities because of 12 race, religion, color, sex, sexual orientation, gender identity, 13 disability, national origin, or ancestry; 14 (2) a system that excludes persons from equal opportunities 15 because of race, religion, color, sex, sexual orientation, gender 16 identity, disability, national origin, or ancestry; 17 (3) the promotion of racial segregation or separation in any 18 manner, including but not limited to the inducing of or the 19 attempting to induce for profit any person to sell or rent any 20 dwelling by representations regarding the entry or prospective 21 entry in the neighborhood of a person or persons of a particular 22 race, religion, color, sex, sexual orientation, gender identity, 23 disability, national origin, or ancestry; or 24 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is 25 committed by a covered entity (as defined in IC 22-9-5-4). 26 Every discriminatory practice relating to the acquisition or sale of real 27 estate, education, public accommodations, employment, or the 28 extending of credit (as defined in IC 24-4.5-1-301) shall be considered 29 unlawful unless it is specifically exempted by this chapter. 30 (m) "Public accommodation" means any establishment that caters 31 or offers its services or facilities or goods to the general public. 32 (n) "Complainant" means: 33 (1) any individual charging on his the individual's own behalf to 34 have been personally aggrieved by a discriminatory practice; or 35 (2) the director or deputy director of the commission charging that 36 a discriminatory practice was committed against a person other 37 than himself the person or a class of people, in order to vindicate 38 the public policy of the state (as defined in section 2 of this 39 chapter). 40 (o) "Complaint" means any written grievance that is: 41 (1) sufficiently complete and filed by a complainant with the 42 commission; or C o p y 19 2004 IN 458—LS 6460/DI 107+ 1 (2) filed by a complainant as a civil action in the circuit or 2 superior court having jurisdiction in the county in which the 3 alleged discriminatory practice occurred. 4 The original of any complaint filed under subdivision (1) shall be 5 signed and verified by the complainant. 6 (p) "Sufficiently complete" refers to a complaint that includes: 7 (1) the full name and address of the complainant; 8 (2) the name and address of the respondent against whom the 9 complaint is made; 10 (3) the alleged discriminatory practice and a statement of 11 particulars thereof; 12 (4) the date or dates and places of the alleged discriminatory 13 practice and if the alleged discriminatory practice is of a 14 continuing nature the dates between which continuing acts of 15 discrimination are alleged to have occurred; and 16 (5) a statement as to any other action, civil or criminal, instituted 17 in any other form based upon the same grievance alleged in the 18 complaint, together with a statement as to the status or disposition 19 of the other action. 20 No complaint shall be valid unless filed within one hundred eighty 21 (180) days from the date of the occurrence of the alleged 22 discriminatory practice. 23 (q) "Sex" as it applies to segregation or separation in this chapter 24 applies to all types of employment, education, public accommodations, 25 and housing. However: 26 (1) it shall not be a discriminatory practice to maintain separate 27 restrooms; 28 (2) it shall not be an unlawful employment practice for an 29 employer to hire and employ employees, for an employment 30 agency to classify or refer for employment any individual, for a 31 labor organization to classify its membership or to classify or refer 32 for employment any individual, or for an employer, a labor 33 organization, or a joint labor management committee controlling 34 apprenticeship or other training or retraining programs to admit 35 or employ any other individual in any program on the basis of sex 36 in those certain instances where sex is a bona fide occupational 37 qualification reasonably necessary to the normal operation of that 38 particular business or enterprise; and 39 (3) it shall not be a discriminatory practice for a private or 40 religious educational institution to continue to maintain and 41 enforce a policy of admitting students of one (1) sex only. 42 (r) "Disabled" or "disability" means the physical or mental condition C o p y 20 2004 IN 458—LS 6460/DI 107+ 1 of a person that constitutes a substantial disability. In reference to 2 employment, under this chapter, "disabled or disability" also means the 3 physical or mental condition of a person that constitutes a substantial 4 disability unrelated to the person's ability to engage in a particular 5 occupation. 6 SECTION 29. IC 22-9-1-6 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The commission 8 shall establish and maintain a permanent office in the city of 9 Indianapolis. 10 (b) The commission may appoint such attorneys and other 11 employees and agents as it considers necessary, fix their compensation 12 within the limitation provided by law, and prescribe their duties. All 13 these employees, with the exception of the executive director and 14 attorneys, shall be appointed by the commission from eligible lists to 15 be promulgated by the department of personnel as the result of a 16 competitive examination held under IC 4-15-2 and rules of the 17 department and on the basis of training, practical experience, 18 education, and character. However, special consideration and due 19 weight shall be given to the practical experience and training that a 20 person may have for the particular position involved regardless of his 21 the person's academic training. Promotions, suspensions, and removal 22 of persons appointed from such lists shall be in accordance with 23 IC 4-15-2. The reasonable and necessary traveling expenses of each 24 employee of the commission while actually engaged in the performance 25 of duties in behalf of the commission shall be paid in accordance with 26 the state travel policies and procedures established by the Indiana 27 department of administration and approved by the budget agency. 28 (c) Except as it concerns judicial review, the commission may adopt 29 rules under IC 4-22-2 to implement this chapter. 30 (d) The commission shall formulate policies to effectuate the 31 purposes of this chapter and make recommendations to agencies and 32 officers of the state or local subdivisions thereof to effectuate such 33 policies. The several departments, commissions, divisions, authorities, 34 boards, bureaus, agencies, and officers of the state or any political 35 subdivision or agency thereof shall furnish the commission, upon its 36 request, all records, papers, and information in their possession relating 37 to any matter before the commission. 38 (e) The commission shall receive and investigate complaints 39 alleging discriminatory practices. The commission shall not hold 40 hearings in the absence of a complaint. All investigations of complaints 41 shall be conducted by staff members of the civil rights commission or 42 their agents. C o p y 21 2004 IN 458—LS 6460/DI 107+ 1 (f) The commission may create such advisory agencies and 2 conciliation councils, local or statewide, as will aid in effectuating the 3 purposes of this chapter. The commission may itself, or it may 4 empower these agencies and councils to: 5 (1) study the problems of discrimination in the areas covered by 6 section 2 of this chapter when based on race, religion, color, sex, 7 sexual orientation, gender identity, handicap, national origin, or 8 ancestry; and 9 (2) foster through community effort, or otherwise, good will 10 among the groups and elements of the population of the state. 11 Indiana. 12 These agencies and councils may make recommendation 13 recommendations to the commission for the development of policies 14 and procedures in general. Advisory agencies and conciliation councils 15 created by the commission shall be composed of representative citizens 16 serving without pay, but with reimbursement for reasonable and 17 necessary actual expenses. 18 (g) The commission may issue such publications and such results of 19 investigations and research as in its judgment will tend to promote 20 good will and minimize or eliminate discrimination because of race, 21 religion, color, sex, sexual orientation, gender identity, handicap, 22 national origin, or ancestry. 23 (h) The commission shall prevent any person from discharging, 24 expelling, or otherwise discriminating against any other person because 25 he the person filed a complaint, testified in any hearing before this 26 commission, or in any way assisted the commission in any matter under 27 its investigation. 28 (i) The commission may hold hearings, subpoena witnesses, compel 29 their attendance, administer oaths, take the testimony of any person 30 under oath, and require the production for examination of any books 31 and papers relating to any matter under investigation or in question 32 before the commission. The commission may make rules as to the 33 issuance of subpoenas by individual commissioners. Contumacy or 34 refusal to obey a subpoena issued under this section shall constitute a 35 contempt. All hearings shall be held within Indiana at a location 36 determined by the commission. A citation of contempt may be issued 37 upon application by the commission to the circuit or superior court in 38 the county in which the hearing is held or in which the witness resides 39 or transacts business. 40 (j) The commission may appoint administrative law judges other 41 than commissioners, when an appointment is deemed necessary by a 42 majority of the commission. The administrative law judges shall be C o p y 22 2004 IN 458—LS 6460/DI 107+ 1 members in good standing before the bar of Indiana and shall be 2 appointed by the chairman of the commission. An administrative law 3 judge appointed under this subsection shall have the same powers and 4 duties as a commissioner sitting as an administrative law judge. 5 However, the administrative law judge may not issue subpoenas. 6 (k) The commission shall state its findings of fact after a hearing 7 and, if the commission finds a person has engaged in an unlawful 8 discriminatory practice, shall cause to be served on this person an order 9 requiring the person to cease and desist from the unlawful 10 discriminatory practice and requiring the person to take further 11 affirmative action as will effectuate the purposes of this chapter, 12 including but not limited to the power: 13 (A) to restore complainant's losses incurred as a result of 14 discriminatory treatment, as the commission may deem necessary 15 to assure justice. However, this specific provision when applied 16 to orders pertaining to employment shall include only wages, 17 salary, or commissions; 18 (B) to require the posting of notice setting forth the public policy 19 of Indiana concerning civil rights and respondent's compliance 20 with the policy in places of public accommodations; 21 (C) to require proof of compliance to be filed by respondent at 22 periodic intervals; and 23 (D) to require a person who has been found to be in violation of 24 this chapter and who is licensed by a state agency authorized to 25 grant a license to show cause to the licensing agency why his the 26 person's license should not be revoked or suspended. 27 (l) Judicial review of a cease and desist order or other affirmative 28 action as referred to in this chapter may be obtained under IC 22-9-8. 29 If no proceeding to obtain judicial review is instituted within thirty (30) 30 days from receipt of notice by a person that an order has been made by 31 the commission, the commission, if it determines that the person upon 32 whom the cease and desist order has been served is not complying or 33 is making no effort to comply, may obtain a decree of a court for the 34 enforcement of the order in circuit or superior court upon showing that 35 the person is subject to the commission's jurisdiction and resides or 36 transacts business within the county in which the petition for 37 enforcement is brought. 38 (m) If, upon all the evidence, the commission shall find that a 39 person has not engaged in any unlawful practice or violation of this 40 chapter, the commission shall state its findings of facts and shall issue 41 and cause to be served on the complainant an order dismissing the 42 complaint as to the person. C o p y 23 2004 IN 458—LS 6460/DI 107+ 1 (n) The commission may furnish technical assistance requested by 2 persons subject to this chapter to further compliance with this chapter 3 or with an order issued thereunder. 4 (o) The commission shall promote the creation of local civil rights 5 agencies to cooperate with individuals, neighborhood associations, and 6 state, local, and other agencies, both public and private, including 7 agencies of the federal government and of other states. 8 (p) The commission may reduce the terms of conciliation agreed to 9 by the parties to writing (to be called a consent agreement) that the 10 parties and a majority of the commissioners shall sign. When signed, 11 the consent agreement shall have the same effect as a cease and desist 12 order issued under subsection (k). If the commission determines that a 13 party to the consent agreement is not complying with it, the 14 commission may obtain enforcement of the consent agreement in a 15 circuit or superior court upon showing that the party is not complying 16 with the consent agreement and the party is subject to the commission's 17 jurisdiction and resides or transacts business within the county in 18 which the petition for enforcement is brought. 19 (q) In lieu of investigating a complaint and holding a hearing under 20 this section, the commission may issue an order based on findings and 21 determinations by the federal Department of Housing and Urban 22 Development or the federal Equal Employment Opportunity 23 Commission concerning a complaint that has been filed with one (1) of 24 these federal agencies and with the commission. The commission shall 25 adopt by rule standards under which the commission may issue such an 26 order. 27 (r) Upon notice that a complaint is the subject of an action in a 28 federal court, the commission shall immediately cease investigation of 29 the complaint and may not conduct hearings or issue findings of fact or 30 orders concerning that complaint. 31 SECTION 30. IC 22-9-1-10 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. Every contract to 33 which the state or any of its political or civil subdivisions is a party, 34 including franchises granted to public utilities, shall contain a provision 35 requiring the contractor and his the contractor's subcontractors not to 36 discriminate against any employee or applicant for employment to be 37 employed in the performance of such contract, with respect to his the 38 employee's or applicant's hire, tenure, terms, conditions, or privileges 39 of employment or any matter directly or indirectly related to 40 employment, because of his the employee's or applicant's race, 41 religion, color, sex, sexual orientation, gender identity, disability, 42 national origin, or ancestry. Breach of this covenant may be regarded C o p y 24 2004 IN 458—LS 6460/DI 107+ 1 as a material breach of the contract. 2 SECTION 31. IC 22-9-1-11 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. In addition to its 4 power to investigate the discriminatory practices referred to in this 5 chapter, the commission may receive written complaints of violation of 6 this chapter or other discriminatory practices based upon race, religion, 7 color, sex, sexual orientation, gender identity, national origin, or 8 ancestry and to investigate such complaints as it deems meritorious, or 9 to conduct such investigation in the absence of complaints whenever 10 it deems it in the public interest. It may transmit to the general 11 assembly its recommendations for legislation designed to aid in the 12 removing of such discrimination. 13 SECTION 32. IC 22-9-2-11 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. Nothing contained 15 herein shall be deemed to repeal any of the provisions of any law of 16 this state relating to discrimination because of age, race or color, 17 religion, sexual orientation, gender identity, or country of ancestral 18 origin. Nothing herein shall be deemed to limit, restrict or affect the 19 freedom of any employer in regard to: 20 (a) (1) fixing compulsory retirement requirements for any class of 21 employees at an age or ages less than seventy (70) years; 22 (b) (2) fixing eligibility requirements for participation in, or 23 enjoyment by employees of, benefits under any annuity plan or 24 pension or retirement plan on the basis that any employee may be 25 excluded from eligibility therefor who, at the time he the 26 employee would otherwise become eligible for such benefits, is 27 older than the age fixed in such eligibility requirements; or 28 (c) (3) keeping age records for any such purposes. 29 SECTION 33. IC 22-9.5-3-5 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. This article does not 31 prohibit a person engaged in the business of furnishing appraisals of 32 real property from taking into consideration factors other than race, 33 color, religion, sex, sexual orientation, gender identity, disability, 34 familial status, or national origin. 35 SECTION 34. IC 22-9.5-5-1 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) A person may not 37 refuse to sell or to rent after the making of a bona fide offer, refuse to 38 negotiate for the sale or rental of, or otherwise make unavailable or 39 deny a dwelling to any person because of race, color, religion, sex, 40 sexual orientation, gender identity, familial status, disability, or 41 national origin. 42 (b) A person may not discriminate against any person in the terms, C o p y 25 2004 IN 458—LS 6460/DI 107+ 1 conditions, or privileges of sale or rental of a dwelling, or in providing 2 services or facilities in connection with the sale or rental of a dwelling, 3 because of race, color, religion, sex, sexual orientation, gender 4 identity, familial status, disability, or national origin. 5 (c) This section does not prohibit discrimination against a person 6 because the person has been convicted under federal law or the law of 7 any state of the illegal manufacture or distribution of a controlled 8 substance. 9 SECTION 35. IC 22-9.5-5-2 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. A person may not 11 make, print, or publish or cause to be made, printed, or published any 12 notice, statement, or advertisement with respect to the sale or rental of 13 a dwelling that indicates any preference, limitation, or discrimination 14 based on race, color, religion, sex, sexual orientation, gender 15 identity, disability, familial status, or national origin, or an intention to 16 make such a preference, limitation, or discrimination. 17 SECTION 36. IC 22-9.5-5-3 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. A person may not 19 represent to any person because of race, color, religion, sex, sexual 20 orientation, gender identity, disability, familial status, or national 21 origin that a dwelling is not available for inspection for sale or rental 22 when the dwelling is available for inspection. 23 SECTION 37. IC 22-9.5-5-4 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. A person may not, 25 for profit, induce or attempt to induce a person to sell or rent a dwelling 26 by representations regarding the entry or prospective entry into a 27 neighborhood of a person of a particular race, color, religion, sex, 28 sexual orientation, gender identity, disability, familial status, or 29 national origin. 30 SECTION 38. IC 22-9.5-5-6 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) As used in this 32 section, "residential real estate related transaction" means the 33 following: 34 (1) Making or purchasing loans or providing other financial 35 assistance: 36 (A) to purchase, construct, improve, repair, or maintain a 37 dwelling; or 38 (B) to secure residential real estate. 39 (2) Selling, brokering, or appraising residential real property. 40 (b) A person whose business includes engaging in residential real 41 estate related transactions may not discriminate against a person in 42 making a real estate related transaction available or in the terms or C o p y 26 2004 IN 458—LS 6460/DI 107+ 1 conditions of a real estate related transaction because of race, color, 2 religion, sex, sexual orientation, gender identity, disability, familial 3 status, or national origin. 4 SECTION 39. IC 22-9.5-5-7 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. A person may not 6 deny any person access to, or membership or participation in, a 7 multiple-listing service, real estate brokers' organization or other 8 service, organization, or facility relating to the business of selling or 9 renting dwellings, or discriminate against a person in the terms or 10 conditions of access, membership, or participation in such an 11 organization, service, or facility because of race, color, religion, sex, 12 sexual orientation, gender identity, disability, familial status, or 13 national origin. 14 SECTION 40. IC 22-9.5-10-1 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. A person commits 16 a Class A misdemeanor if the person, whether or not acting under color 17 of law, by force or threat of force intentionally intimidates or interferes 18 with or attempts to intimidate or interfere with a person: 19 (1) because of the person's race, color, religion, sex, sexual 20 orientation, gender identity, disability, familial status, or 21 national origin and because the person is or has been selling, 22 purchasing, renting, financing, occupying, or contracting or 23 negotiating for the sale, purchase, rental, financing, or occupation 24 of any dwelling, or applying for or participating in a service, 25 organization, or facility relating to the business of selling or 26 renting dwellings; or 27 (2) because the person is or has been, or to intimidate the person 28 from: 29 (A) participating, without discrimination because of race, 30 color, religion, sex, sexual orientation, gender identity, 31 disability, familial status, or national origin, in an activity, a 32 service, an organization, or a facility described in subdivision 33 (1); 34 (B) affording another person opportunity or protection to 35 participate in an activity, a service, an organization, or a 36 facility described in subdivision (1); or 37 (C) lawfully aiding or encouraging other persons to participate, 38 without discrimination because of race, color, religion, sex, 39 sexual orientation, gender identity, disability, familial status, 40 or national origin, in an activity, a service, an organization, or 41 a facility described in subdivision (1). 42 SECTION 41. IC 27-7-12-7, AS ADDED BY P.L.203-2001, C o p y 27 2004 IN 458—LS 6460/DI 107+ 1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2004]: Sec. 7. Termination of property insurance coverage by 3 an insurer is prohibited if the termination is based on any of the 4 following: 5 (1) Upon the race, religion, nationality, ethnic group, age, sex, 6 sexual orientation, gender identity, or marital status of the 7 applicant or named insured. 8 (2) Solely upon the lawful occupation or profession of the 9 applicant or named insured. However, this subdivision does not 10 apply to an insurer that limits its market to one (1) lawful 11 occupation or profession or to several related lawful occupations 12 or professions. 13 (3) Upon the age or location of the residence of the applicant or 14 named insured, unless that decision is for a business purpose that 15 is not a mere pretext for a decision based on factors prohibited in 16 this chapter or any other provision of this title. 17 (4) Upon the fact that another insurer previously declined to 18 insure the applicant or terminated an existing policy in which the 19 applicant was the named insured. 20 (5) Upon the fact that the applicant or named insured previously 21 obtained insurance coverage through a residual market insurance 22 mechanism. 23 SECTION 42. IC 33-4-5-7, AS AMENDED BY P.L.195-2003, 24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2004]: Sec. 7. (a) A person shall be excused from acting as a 26 juror if the person: 27 (1) is over sixty-five (65) years of age; 28 (2) is a member in active service of the armed forces of the United 29 States; 30 (3) is an elected or appointed official of the executive, legislative, 31 or judicial branches of government of: 32 (A) the United States; 33 (B) Indiana; or 34 (C) a unit of local government; 35 who is actively engaged in the performance of the person's official 36 duties; 37 (4) is a member of the general assembly who makes the request 38 to be excused before being sworn as a juror; 39 (5) is an honorary military staff officer appointed by the governor 40 under IC 10-16-2-5; 41 (6) is an officer or enlisted person of the guard reserve forces 42 authorized by the governor under IC 10-16-8; C o p y 28 2004 IN 458—LS 6460/DI 107+ 1 (7) is a veterinarian licensed under IC 15-5-1.1; 2 (8) is serving as a member of the board of school commissioners 3 of the city of Indianapolis under IC 20-3-11-2; 4 (9) is a dentist licensed under IC 25-14-1; 5 (10) is a member of a police or fire department or company under 6 IC 36-8-3 or IC 36-8-12; or 7 (11) would serve as a juror during a criminal trial and the person 8 is: 9 (A) an employee of the department of correction whose duties 10 require contact with inmates confined in a department of 11 correction facility; or 12 (B) the spouse or child of a person described in clause (A); 13 and desires to be excused for that reason. 14 (b) A prospective juror is disqualified to serve on a jury if any of the 15 following conditions exist: 16 (1) The person is not a citizen of the United States, at least 17 eighteen (18) years of age, and a resident of the county. 18 (2) The person is unable to read, speak, and understand the 19 English language with a degree of proficiency sufficient to fill out 20 satisfactorily a juror qualification form. 21 (3) The person is incapable of rendering satisfactory jury service 22 due to physical or mental disability. However, a person claiming 23 this disqualification may be required to submit a physician's or 24 authorized Christian Science practitioner's certificate confirming 25 the disability, and the certifying physician or practitioner is then 26 subject to inquiry by the court at the court's discretion. 27 (4) The person is under a sentence imposed for an offense. 28 (5) A guardian has been appointed for the person under IC 29-3 29 because the person has a mental incapacity. 30 (6) The person has had rights revoked by reason of a felony 31 conviction and the rights have not been restored. 32 (c) A person may not serve as a petit juror in any county if the 33 person served as a petit juror in the same county within the previous 34 three hundred sixty-five (365) days. The fact that a person's selection 35 as a juror would violate this subsection is sufficient cause for 36 challenge. 37 (d) A grand jury, a petit jury, or an individual juror drawn for 38 service in one (1) court may serve in another court of the county, in 39 accordance with orders entered on the record in each of the courts. 40 (e) The same petit jurors may be used in civil cases and in criminal 41 cases. 42 (f) A person may not be excluded from jury service on account of C o p y 29 2004 IN 458—LS 6460/DI 107+ 1 race, color, religion, sex, national origin, sexual orientation, gender 2 identity, or economic status. 3 (g) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of 4 the right to serve on a jury under this section and except as provided in 5 subsections (c), (d), and (l), a person who has been convicted of a 6 crime of domestic violence (as defined in IC 35-41-1-6.3) may not 7 possess a firearm: 8 (1) after the person is no longer under a sentence imposed for an 9 offense; or 10 (2) after the person has had the person's rights restored following 11 a conviction. 12 (h) Not earlier than five (5) years after the date of conviction, a 13 person who has been convicted of a crime of domestic violence (as 14 defined in IC 35-41-1-6.3) may petition the court for restoration of the 15 person's right to possess a firearm. In determining whether to restore 16 the person's right to possess a firearm, the court shall consider the 17 following factors: 18 (1) Whether the person has been subject to: 19 (A) a protective order; 20 (B) a no contact order; 21 (C) a workplace violence restraining order; or 22 (D) any other court order that prohibits the person from 23 possessing a firearm. 24 (2) Whether the person has successfully completed a substance 25 abuse program, if applicable. 26 (3) Whether the person has successfully completed a parenting 27 class, if applicable. 28 (4) Whether the person still presents a threat to the victim of the 29 crime. 30 (5) Whether there is any other reason why the person should not 31 possess a firearm, including whether the person failed to complete 32 a specified condition under subsection (d) or whether the person 33 has committed a subsequent offense. 34 (i) The court may condition the restoration of a person's right to 35 possess a firearm upon the person's completion of specified conditions. 36 (j) If the court denies a petition for restoration of the right to possess 37 a firearm, the person may not file a second or subsequent petition until 38 one (1) year has elapsed. 39 (k) A person has not been convicted of a crime of domestic violence 40 for purposes of subsection (h) if the conviction has been expunged or 41 if the person has been pardoned. 42 (l) The right to possess a firearm shall be restored to a person whose C o p y 30 2004 IN 458—LS 6460/DI 107+ 1 conviction is reversed on appeal or on post-conviction review at the 2 earlier of the following: 3 (1) At the time the prosecuting attorney states on the record that 4 the charges that gave rise to the conviction will not be refiled. 5 (2) Ninety (90) days after the final disposition of the appeal or the 6 post-conviction proceeding. 7 SECTION 43. IC 33-4-5.5-2 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. A citizen shall not 9 be excluded from jury service in counties affected by this chapter on 10 account of race, color, religion, sex, sexual orientation, gender 11 identity, national origin, or economic status. 12 SECTION 44. IC 35-46-2-1 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. A person who 14 knowingly or intentionally denies to another person, because of color, 15 creed, disability, national origin, race, religion, or sex, sexual 16 orientation, gender identity, the full and equal use of the services, 17 facilities, or goods in: 18 (1) an establishment that caters or offers its services, facilities, or 19 goods to the general public; or 20 (2) a housing project owned or subsidized by a governmental 21 entity; 22 commits a civil rights violation, a Class B misdemeanor. 23 SECTION 45. IC 35-46-2-2 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. A public servant 25 having the duty to select or summon persons for grand jury or trial jury 26 service who knowingly or intentionally fails to select or summon a 27 person because of color, creed, disability, national origin, race, religion, 28 sexual orientation, gender identity, or sex commits discrimination in 29 jury selection, a Class A misdemeanor. 30 SECTION 46. IC 36-9-4-37 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 37. (a) The board of 32 directors of a public transportation corporation may appoint or employ 33 a general manager, accountants, attorneys, traffic engineers, drivers, 34 clerks, secretaries, guards, laborers, and other employees, and may 35 prescribe and define their duties, regulate their compensation, 36 discharge them, and appoint or employ their successors. Employees 37 shall be selected without regard to race, religion, sexual orientation, 38 gender identity, or any personal affiliation. The board shall select the 39 general manager on the basis of his fitness for the position, taking into 40 account his the individual's executive ability and his knowledge of and 41 experience in the field of mass public transportation. 42 (b) The board shall bargain collectively and enter into written C o p y 31 2004 IN 458—LS 6460/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.