Bill Text: IN HB1231 | 2013 | Regular Session | Introduced
Bill Title: Disability antidiscrimination.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Judiciary [HB1231 Detail]
Download: Indiana-2013-HB1231-Introduced.html
Citations Affected: IC 5-2-18.2-8; IC 5-16-6-1; IC 5-28-21-7;
IC 7.1-3; IC 10-16-8-15; IC 12-20-5.5-1; IC 12-30; IC 12-32-1-4;
IC 16-23-1-21; IC 20-24.5-3-5; IC 20-33-1; IC 20-51-4-3;
IC 21-7-13-23; IC 21-18.5; IC 21-40-2; IC 22-4.1-21-27; IC 22-9;
IC 22-9.5-3; IC 24-9-3-9; IC 27-2; IC 27-7-12-7; IC 33-28-5-18;
IC 33-41-1-2; IC 36-9-4-37.
Synopsis: Disability antidiscrimination. Extends antidiscrimination
and civil rights statutes to include prohibiting discrimination based on
disability.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Judiciary.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
(1) describe the facility that is to be converted to an incubator;
(2) specify the cost of the conversion;
(3) demonstrate the ability of the applicant to directly provide or arrange for the provision of business development services (including financial consulting assistance, management and marketing assistance, and physical services) for tenants of the incubator;
(4) demonstrate a potential for sustained use of the incubator by eligible tenants through a market study or other means;
(5) demonstrate the ability of the applicant to operate the incubator in accordance with section 19 of this chapter;
(6) state that the applicant will not discriminate against an employee or applicant for employment on the basis of race, religion, color, national origin, sex, disability, or age; and
(7) include any other information required by the corporation.
(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the
retailer.
(2) Guests of a person described in subdivision (1).
(b) A beer retailer may call the annual fee described in subsection
(a) a membership fee.
(c) A beer retailer may call the retailer's premises a club. However,
the premises is not a club within the meaning of IC 7.1-3-20-1.
(d) This section does not allow a beer retailer to discriminate among
persons on the basis of race, sex, age, disability, or religion when
selecting persons to have access to the retailer's facilities and services.
(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A liquor retailer may call the annual fee described in subsection (a) a membership fee.
(c) A liquor retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
(d) This section does not allow a liquor retailer to discriminate among persons on the basis of race, sex, age, disability, or religion when selecting persons to have access to the retailer's facilities and services.
(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A wine retailer may call the annual fee described in subsection (a) a membership fee.
(c) A wine retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
(d) This section does not allow a wine retailer to discriminate among persons on the basis of race, sex, age, disability, or religion when selecting persons to have access to the retailer's facilities and services.
section, "discriminatory practice" means a refusal to provide equal
access to and use of services or facilities on the basis of a person's race,
or color, or disability. However, the term does not include a practice
of a club or fraternal club that requires a specific religious affiliation
or belief as a condition of membership in the club or fraternal club.
(b) To be eligible to hold a club permit under this chapter, a club,
fraternal club, or labor organization may not engage in a discriminatory
practice.
(c) A person may file a complaint with the civil rights commission
alleging a discriminatory practice by a club, fraternal club, or labor
organization.
(d) The civil rights commission shall investigate the allegations in
the complaint and, if reasonable cause is found, shall hold a hearing
under IC 22-9-1-6 on the complaint. If the civil rights commission finds
that a club, fraternal club, or labor organization has engaged in a
discriminatory practice, the civil rights commission shall certify the
finding to the alcohol and tobacco commission.
(e) If a club, fraternal club, or labor organization is found to have
engaged in a discriminatory practice, the commission shall do one (1)
or more of the following:
(1) Issue a warning to the club, fraternal club, or labor
organization.
(2) Impose a civil penalty on the club, fraternal club, or labor
organization not to exceed one thousand dollars ($1,000).
(3) Suspend the club, fraternal club, or labor organization's permit
for not more than ninety (90) days.
(4) Not issue a new club permit under this chapter if the club,
fraternal club, or labor organization does not hold a club permit
under this chapter.
(5) Revoke an existing club permit.
(b) Race,
the application to serve or the service of any person in any branch of
service provided for in this chapter.
(b) The township's standards for the issuance of township assistance and the processing of applications must be:
(1) governed by the requirements of this article;
(2) proposed by the township trustee, adopted by the township board, and filed with the board of county commissioners;
(3) reviewed and updated annually to reflect changes in the cost of basic necessities in the township and changes in the law;
(4) published in a single written document, including addenda attached to the document; and
(5) posted in a place prominently visible to the public in all offices of the township trustee where township assistance applications are taken or processed.
(b) Recipients of old age assistance and blind assistance shall be admitted to the county home on the same basis and for the same charge as other patients and residents in the county home. There may be no discrimination in the care and treatment of patients and residents of the county home because of the source of the money for the support and care of the patients and residents.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. (a) The hospital
may not discriminate among patients due to the following:
(1) Race, color, disability, or sex.
(2) Occupational, economic, or social status.
(3) Political or religious belief or the lack of political or religious
belief.
(b) The hospital must also be open to all licensed physicians of the
county and the patients of licensed physicians on equal terms and under
uniform rules.
(1) be eligible to attend a public school in Indiana;
(2) demonstrate exceptional intellectual ability; and
(3) demonstrate a commitment to scholarship.
(b) A student shall be admitted without regard to sex, race, religion, creed, national origin, disability, or household income.
(1) To provide:
(A) equal;
(B) nonsegregated; and
(C) nondiscriminatory;
educational opportunities and facilities for all, regardless of race, creed, national origin, color, disability, or sex.
(2) To provide and furnish public schools open equally to all, and prohibited and denied to none because of race, creed, color, disability, or national origin.
(3) To reaffirm the principles of:
(A) the Bill of Rights;
(B) civil rights; and
(C) the Constitution of the State of Indiana.
(4) To provide a uniform democratic system of public school education to the state and the citizens of Indiana.
(5) To:
(A) abolish;
(B) eliminate; and
(C) prohibit;
segregated and separate schools or school districts on the basis of
race, creed, disability, or color.
(6) To eliminate and prohibit:
(A) segregation;
(B) separation; and
(C) discrimination;
on the basis of race, creed, disability, or color in public schools.
(b) The officials described in subsection (a) may take any affirmative actions that are reasonable, feasible, and practical to effect greater integration and to reduce or prevent segregation or separation of races in public schools for whatever cause, including:
(1) site selection; or
(2) revision of:
(A) school districts;
(B) curricula; or
(C) enrollment policies;
to implement equalization of educational opportunity for all.
(c) A school corporation shall review the school corporation's programs to determine if the school corporation's practices of:
(1) separating students by ability;
(2) placing students into educational tracks; or
(3) using test results to screen students;
have the effect of systematically separating students by race, color, creed, national origin, disability, or socioeconomic class.
(b) A student may not be prohibited, segregated, or denied attendance or enrollment in a public school in the student's school corporation because of the student's race, creed, disability, color, or national origin.
(c) Every student is free to attend a public school, including a
department or division of a public school within the laws applicable
alike to noncitizen and nonresident students.
(b) Admission to a public school may not be approved or denied on the basis of race, creed, disability, or color.
(b) An eligible school shall abide by the school's written admission policy fairly and without discrimination with regard to students who:
(1) apply for; or
(2) are awarded;
scholarships under this chapter.
(c) If the number of applicants for enrollment in an eligible school under a choice scholarship exceeds the number of choice scholarships available to the eligible school, the eligible school must draw at random in a public meeting the applications of applicants who are entitled to a choice scholarship from among the applicants who meet the requirements for admission to the eligible school.
(d) The department shall make random visits to at least five percent (5%) of eligible schools and charter schools to verify that the eligible school or charter school complies with the provisions of this chapter and the Constitutions of the state of Indiana and the United States.
(e) Each eligible school, public school, and charter school shall grant the department reasonable access to its premises, including access to the school's grounds, buildings, and property.
(f) Each year the principal of each eligible school shall certify under penalties of perjury to the department that the eligible school is complying with the requirements of this chapter. The department shall develop a process for eligible schools to follow to make certifications.
SECTION 243, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 23. (a) "Nonprofit college or
university", for purposes of this title (except IC 21-17-1-14,
IC 21-17-1-17, and IC 21-17-6) means a nonprofit college or
university:
(1) with a principal office in Indiana that is not owned or
controlled by the state of Indiana or any political subdivision,
agency, instrumentality, district, or municipality of the state of
Indiana; and
(2) that does not discriminate in the admission of students on the
basis of race, color, disability, or creed.
(b) "Nonprofit college or university" for purposes of IC 21-17-1-14,
IC 21-17-1-17, and IC 21-17-6, has the meaning set forth in
IC 21-17-1-10.
(1) To provide:
(A) equal;
(B) nonsegregated; and
(C) nondiscriminatory;
educational opportunities and facilities for all, regardless of race, creed, national origin, color, disability, or sex.
(2) To provide and furnish state educational institutions open equally to all, and prohibited and denied to none because of race, creed, color, disability, or national origin.
(3) To reaffirm the principles of:
(A) the Bill of Rights;
(B) civil rights; and
(C) the Constitution of the State of Indiana.
(4) To provide a uniform democratic system of public education to the state and the citizens of Indiana.
(5) To:
(A) abolish;
(B) eliminate; and
(C) prohibit;
segregated and separate departments or divisions of a state educational institution on the basis of race, creed, disability, or color.
(6) To eliminate and prohibit:
(A) segregation;
(B) separation; and
(C) discrimination;
on the basis of race, color, disability, or creed in state educational institutions.
(b) The officials described in subsection (a) may take any affirmative actions that are reasonable, feasible, and practical to effect greater integration and to reduce or prevent segregation or separation of races in state educational institutions for whatever cause, including:
(1) site selection; or
(2) revision of:
(A) districts;
(B) curricula; or
(C) enrollment policies;
to implement equalization of educational opportunity for all.
(b) Every student is free to attend a state educational institution within the laws applicable alike to noncitizen and nonresident students.
(b) Admission to a state educational institution may not be approved or denied on the basis of race, creed, disability, or color.
(b) Except as it concerns judicial review, the commission may adopt rules under IC 4-22-2 to implement this chapter.
(c) The commission shall formulate policies to effectuate the purposes of this chapter and make recommendations to agencies and officers of the state or local subdivisions thereof to effectuate such policies. The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state or any political subdivision or agency thereof shall furnish the commission, upon its request, all records, papers, and information in their possession relating to any matter before the commission.
(d) The commission shall receive and investigate complaints alleging discriminatory practices. The commission shall not hold hearings in the absence of a complaint. All investigations of complaints shall be conducted by staff members of the civil rights commission or their agents.
(e) The commission may create such advisory agencies and conciliation councils, local or statewide, as will aid in effectuating the purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 2 of this chapter when based on race, religion, color, sex,
handicap, disability, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation
recommendations to the commission for the development of policies
and procedures in general. Advisory agencies and conciliation councils
created by the commission shall be composed of representative citizens
serving without pay, but with reimbursement for reasonable and
necessary actual expenses.
(f) The commission may issue such publications and such results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, handicap, disability, national origin, or ancestry.
(g) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person because
the person filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter under
its investigation.
(h) The commission may hold hearings, subpoena witnesses, compel
their attendance, administer oaths, take the testimony of any person
under oath, and require the production for examination of any books
and papers relating to any matter under investigation or in question
before the commission. The commission may make rules as to the
issuance of subpoenas by individual commissioners. Contumacy or
refusal to obey a subpoena issued under this section shall constitute a
contempt. All hearings shall be held within Indiana at a location
determined by the commission. A citation of contempt may be issued
upon application by the commission to the circuit or superior court in
the county in which the hearing is held or in which the witness resides
or transacts business.
(i) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by a
majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers and
duties as a commissioner sitting as an administrative law judge.
However, the administrative law judge may not issue subpoenas.
(j) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an order
requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
(A) (1) to restore complainant's losses incurred as a result of
discriminatory treatment, as the commission may deem necessary
to assure justice; however, this specific provision when applied to
orders pertaining to employment shall include only wages, salary,
or commissions;
(B) (2) to require the posting of notice setting forth the public
policy of Indiana concerning civil rights and respondent's
compliance with the policy in places of public accommodations;
(C) (3) to require proof of compliance to be filed by respondent
at periodic intervals; and
(D) (4) to require a person who has been found to be in violation
of this chapter and who is licensed by a state agency authorized
to grant a license to show cause to the licensing agency why his
the person's license should not be revoked or suspended.
(k) Judicial review of a cease and desist order or other affirmative
action as referred to in this chapter may be obtained under IC 22-9-8.
If no proceeding to obtain judicial review is instituted within thirty (30)
days from receipt of notice by a person that an order has been made by
the commission, the commission, if it determines that the person upon
whom the cease and desist order has been served is not complying or
is making no effort to comply, may obtain a decree of a court for the
enforcement of the order in circuit or superior court upon showing that
the person is subject to the commission's jurisdiction and resides or
transacts business within the county in which the petition for
enforcement is brought.
(l) If, upon all the evidence, the commission shall find that a person
has not engaged in any unlawful practice or violation of this chapter,
the commission shall state its findings of facts and shall issue and
cause to be served on the complainant an order dismissing the
complaint as to the person.
(m) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this chapter
or with an order issued thereunder.
(n) The commission shall promote the creation of local civil rights
agencies to cooperate with individuals, neighborhood associations, and
state, local, and other agencies, both public and private, including
agencies of the federal government and of other states.
(o) The commission may reduce the terms of conciliation agreed to
by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and desist
order issued under subsection (j). If the commission determines that a
party to the consent agreement is not complying with it, the
commission may obtain enforcement of the consent agreement in a
circuit or superior court upon showing that the party is not complying
with the consent agreement and the party is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
(p) In lieu of investigating a complaint and holding a hearing under
this section, the commission may issue an order based on findings and
determinations by the federal Department of Housing and Urban
Development or the federal Equal Employment Opportunity
Commission concerning a complaint that has been filed with one (1) of
these federal agencies and with the commission. The commission shall
adopt by rule standards under which the commission may issue such an
order.
(q) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation of
the complaint and may not conduct hearings or issue findings of fact or
orders concerning that complaint.
compulsory retirement requirements for any class of employees at an
age or ages less than seventy-five (75) years; (b) fixing eligibility
requirements for participation in, or enjoyment by employees of,
benefits under any annuity plan or pension or retirement plan on the
basis that any employee may be excluded from eligibility therefor who,
at the time he the employee would otherwise become eligible for such
benefits, is older than the age fixed in such eligibility requirements; or
(c) keeping age records for any such purposes.
(1) limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
(2) giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color,
(b) Except as provided in subsection (c), the department has exclusive jurisdiction to investigate any complaints of discrimination in the appointment of independent insurance producers in violation of
subsection (a).
(c) If the commissioner of the department determines after a hearing
that an insurance company has violated subsection (a), the
commissioner may order one (1) of the following remedies:
(1) Payment of a civil penalty of not more than two thousand
dollars ($2,000) for each violation.
(2) Suspension or revocation of the insurance company's
certificate of authority if the commissioner determines that the
violation was willful or wanton and that similar violations have
been committed by that company with a frequency that constitutes
a general business practice.
(3) Any other remedy agreed to by the department and the
insurance company.
(d) Any determination made by the commissioner under this section
is subject to IC 4-21.5.
(e) Findings of the department under this section may not be
considered as evidence in any civil action other than an appeal as
provided under IC 4-21.5.
(1) Use an insurance score that is calculated using income, gender, address, ZIP code, ethnic group, religion, marital status, disability, or nationality of the consumer as a factor.
(2) Deny, cancel, or decline to renew a personal insurance policy solely on the basis of credit information.
(3) Base an insured's renewal rate for a personal insurance policy solely on credit information.
(4) Take an adverse action against a consumer solely because the consumer does not have a credit card account.
(5) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a personal insurance policy, unless the insurer does one (1) of the following:
(A) Presents to the commissioner information that the absence or inability relates to the risk for the insurer and treats the consumer as approved by the commissioner.
(B) Treats the consumer as if the consumer had neutral credit information, as defined by the insurer.
(6) Take an adverse action against a consumer based on credit information unless the insurer obtains and uses:
(A) a credit report issued; or
(B) an insurance score calculated;
not more than ninety (90) days before the date the personal insurance policy is first written or the renewal is issued.
(7) Use the following as a negative factor in an insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a personal insurance policy:
(A) A credit inquiry:
(i) not initiated by the consumer; or
(ii) requested by the consumer for the consumer's own credit information.
(B) A credit inquiry relating to insurance coverage.
(C) A late payment or a collection account with a medical industry code on the consumer's credit report.
(D) Multiple lender inquiries:
(i) coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry; and
(ii) made within thirty (30) days of one another.
(E) Multiple lender inquiries:
(i) coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry; and
(ii) made within thirty (30) days of one another.
(b) An insurer that uses credit information to underwrite or rate risks shall, at annual renewal upon the request of an insured or an insured's agent, re-underwrite and re-rate the insured's personal insurance policy based on a current credit report or insurance score unless one (1) of the following applies:
(1) The insurer's treatment of the consumer is otherwise approved by the commissioner.
(2) The insured is in the most favorably priced tier of the insurer, within a group of affiliated insurers.
(3) Credit information was not used for underwriting or rating the insured when the personal insurance policy was initially written.
(4) The insurer reevaluates the insured at least every thirty-six (36) months after a personal insurance policy is issued based on underwriting or rating factors other than credit information.
(5) The insurer has re-underwritten and re-rated the insured's personal insurance policy based on a credit report obtained or an insurance score recalculated less than twelve (12) months before the date of the request by the insured or the insured's agent.
(c) An insurer that uses credit information to underwrite or rate risks
may obtain current credit information upon the renewal of a personal
insurance policy when renewal occurs more frequently than every
thirty-six (36) months if consistent with the insurer's underwriting
guidelines.
(1) Upon the race, religion, nationality, ethnic group, age, sex, disability, or marital status of the applicant or named insured.
(2) Solely upon the lawful occupation or profession of the applicant or named insured. However, this subdivision does not apply to an insurer that limits its market to one (1) lawful occupation or profession or to several related lawful occupations or professions.
(3) Upon the age or location of the residence of the applicant or named insured, unless that decision is for a business purpose that is not a mere pretext for a decision based on factors prohibited in this chapter or any other provision of this title.
(4) Upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was the named insured.
(5) Upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism.
(b) A prospective juror is disqualified to serve on a jury if any of the following conditions exist:
(1) The person is not a citizen of the United States, at least eighteen (18) years of age, and a resident of the county.
(2) The person is unable to read, speak, and understand the English language with a degree of proficiency sufficient to fill out
satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory jury service
due to physical or mental disability. However, a person claiming
this disqualification may be required to submit a physician's or
authorized Christian Science practitioner's certificate confirming
the disability, and the certifying physician or practitioner is then
subject to inquiry by the court at the court's discretion.
(4) A guardian has been appointed for the person under IC 29-3
because the person has a mental incapacity.
(5) The person has had the right to vote revoked by reason of a
felony conviction and the right has not been restored.
(c) A person scheduled to appear for jury service has the right to
defer the date of the person's initial appearance for jury service one (1)
time upon a showing of hardship, extreme inconvenience, or necessity.
The court shall grant a prospective juror's request for deferral if the
following conditions are met:
(1) The prospective juror has not previously been granted a
deferral.
(2) The prospective juror requests a deferral by contacting the
jury administrator:
(A) by telephone;
(B) by electronic mail;
(C) in writing; or
(D) in person.
(3) The prospective juror selects another date on which the
prospective juror will appear for jury service that is:
(A) not more than one (1) year after the date upon which the
prospective juror was originally scheduled to appear; and
(B) a date when the court will be in session.
(4) The court determines that the prospective juror has
demonstrated that a deferral is necessary due to:
(A) hardship;
(B) extreme inconvenience; or
(C) necessity.
(d) A prospective juror who is at least seventy-five (75) years of age
may be exempted from jury service if the prospective juror notifies the
jury administrator that the prospective juror is at least seventy-five (75)
years of age and wishes to be exempted from jury service.
(e) A person may not serve as a petit juror in any county if the
person served as a petit juror in the same county within the previous
three hundred sixty-five (365) days in a case that resulted in a verdict.
The fact that a person's selection as a juror would violate this
subsection is sufficient cause for challenge.
(f) A grand jury, a petit jury, or an individual juror drawn for service
in one (1) court may serve in another court of the county, in accordance
with orders entered on the record in each of the courts.
(g) The same petit jurors may be used in civil cases and in criminal
cases.
(h) A person may not be excluded from jury service on account of
race, color, religion, sex, national origin, disability, or economic status.
(b) A judge may not appoint the judge's son or daughter as an official reporter.
(b) The board shall bargain collectively and enter into written contracts with authorized labor organizations representing employees other than executive, administrative, or professional personnel. These contracts may provide for the binding arbitration of disputes, wages, salaries, hours, working conditions, health and welfare, insurance, vacations, holidays, sick leave, seniority, pensions, retirement, and other benefits.
