Introduced Version
HOUSE BILL No. 1358
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-4-5; IC 4-15; IC 5-16-6-1; IC 5-28-21-7;
IC 7.1-3; IC 8-23-2-3; IC 10-13-3-1; IC 10-16-8-15; IC 12-20-5.5-1;
IC 12-30; IC 16-23-1-21; IC 20-24-2-2; IC 20-24.5-3-5; IC 20-33-1;
IC 20-42-3-10; IC 21-11-6-1; IC 21-17-3-17; IC 21-40-2; IC 22-9;
IC 22-9.5; IC 24-9-3-9; IC 27-2; IC 27-7-12-7; IC 31-9-2-51;
IC 31-19-8-6; IC 33-28-5-18; IC 33-41-1-2; IC 35-46-2; IC 36-9-4-37.
Synopsis: Civil rights. Extends antidiscrimination and civil rights
statutes to include prohibiting discrimination based on sexual
orientation, gender identity, national origin, age, disability, and
ancestry.
Effective: July 1, 2008.
Bardon
January 16, 2008, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 115th General Assembly (2008)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1358
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:
SOURCE: IC 1-1-4-5; (08)IN1358.1.1. -->
SECTION 1. IC 1-1-4-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. The following definitions apply
to the construction of all Indiana statutes, unless the construction is
plainly repugnant to the intent of the general assembly or of the context
of the statute:
(1) "Adult", "of full age", and
"person in his "age of majority"
mean refer to a person at least eighteen (18) years of age.
(2) "Attorney" includes a counselor or other person authorized to
appear and represent a party in an action or special proceeding.
(3) "Autism" means a neurological condition as described in the
most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders of the American Psychiatric Association.
(4) "Bond" does not necessarily imply a seal.
(5) "Clerk" means the clerk of the court or a person authorized to
perform the clerk's duties.
(6) "Gender identity" means an individual's self identification
as a male or a female, regardless of the individual's biological
sex.
(6) (7) "Health record", "hospital record", or "medical record"
means written or printed information possessed by a provider (as
defined in IC 16-18-2-295) concerning any diagnosis, treatment,
or prognosis of the patient, unless otherwise defined. Except as
otherwise provided, the terms include mental health records and
drug and alcohol abuse records.
(7) (8) "Highway" includes county bridges and state and county
roads, unless otherwise expressly provided.
(8) (9) "Infant" or "minor" means a person less than eighteen (18)
years of age.
(9) (10) "Inhabitant" may be construed to mean a resident in any
place.
(10) (11) "Judgment" means all final orders, decrees, and
determinations in an action and all orders upon which executions
may issue.
(11) (12) "Land", "real estate", and "real property" include lands,
tenements, and hereditaments.
(12) (13) "Mentally incompetent" means of unsound mind.
(13) (14) "Money demands on contract", when used in reference
to an action, means an action arising out of contract when the
relief demanded is a recovery of money.
(14) (15) "Month" means a calendar month, unless otherwise
expressed.
(15) (16) "Noncode statute" means a statute that is not codified as
part of the Indiana Code.
(16) (17) "Oath" includes "affirmation", and "to swear" includes
to affirm.
(17) (18) "Person" extends to bodies politic and corporate.
(18) (19) "Personal property" includes goods, chattels, evidences
of debt, and things in action.
(19) (20) "Population" has the meaning set forth in IC 1-1-3.5-3.
(20) (21) "Preceding" and "following", referring to sections in
statutes, mean the sections next preceding or next following that
in which the words occur, unless some other section is designated.
(21) (22) "Property" includes personal and real property.
(22) (23) "Sheriff" means the sheriff of the county or another
person authorized to perform sheriff's duties.
(23) (24) "State", applied to any one of the United States, includes
the District of Columbia and the commonwealths, possessions,
states in free association with the United States, and the
territories. "United States" includes the District of Columbia and
the commonwealths, possessions, states in free association with
the United States, and the territories.
(24) (25) "Under legal disabilities" includes persons less than
eighteen (18) years of age, mentally incompetent, or out of the
United States.
(25) (26) "Verified", when applied to pleadings, means supported
by oath or affirmation in writing.
(26) (27) "Will" includes a testament and codicil.
(27) (28) "Without relief" in any judgment, contract, execution,
or other instrument of writing or record, means without the
benefit of valuation laws.
(28) (29) "Written" and "in writing" include printing,
lithographing, or other mode of representing words and letters. If
the written signature of a person is required, the terms mean the
proper handwriting of the person or the person's mark.
(29) (30) "Year" means a calendar year, unless otherwise
expressed.
(30) (31) The definitions in IC 35-41-1 apply to all statutes
relating to penal offenses.
SOURCE: IC 4-15-2-35; (08)IN1358.1.2. -->
SECTION 2. IC 4-15-2-35, AS AMENDED BY P.L.222-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 35. (a) This section does not apply to an employee
who has been suspended or terminated by the ethics commission.
(b) Any regular employee may file a complaint if the employee's
status of employment is involuntarily changed or if the employee
deems conditions of employment to be unsatisfactory. However, the
complaint procedure shall be initiated as soon as possible after the
occurrence of the act or condition complained of and in no event shall
be initiated more than thirty (30) calendar days after the employee is
notified of a change in the status of employment or after an
unsatisfactory condition of employment is created. Failure to initiate
the complaint procedure within this time period shall render the
complaint procedure unavailable to the employee. The following
complaint procedure shall be followed:
Step I: The complaint procedure shall be initiated by a discussion of
the complaint by the employee and the employee's immediate
supervisor and, if a mutually satisfactory settlement has not been made
within two (2) consecutive working days, the complaint may be
referred to Step II.
Step II: The complaint shall be reduced to writing and presented to
the intermediate supervisor. If a mutually satisfactory settlement has
not been reached within four (4) consecutive working days, such
complaint may then be referred to the appointing authority.
Step III: The appointing authority or the appointing authority's
designee shall hold a hearing, if necessary, and conduct whatever
investigation the appointing authority or the appointing authority's
designee considers necessary to render a decision. The appointing
authority or the appointing authority's designee must render a decision
in writing not later than ten (10) business days from the date of the
hearing, if applicable, or close of the investigation, whichever occurs
later.
If the appointing authority or the appointing authority's designee
does not find in favor of the employee, the complaint may be submitted
within fifteen (15) calendar days to the state personnel director. The
director or the director's designee shall review the complaint and render
a decision not later than fifteen (15) calendar days after the director or
the director's designee receives the complaint. If the decision is not
agreeable to the employee, an appeal may be submitted by the
employee in writing to the commission not later than fifteen (15)
calendar days from the date the employee has been given notice of the
action taken by the personnel director or the director's designee. After
submission of the appeal, the commission shall, prior to rendering its
decision, grant the appealing employee and the appointing authority a
public hearing, with the right to be represented and to present evidence.
With respect to all appeals, the commission shall render its decision
within thirty (30) days after the date of the hearing on the appeal. If the
commission finds that the action against the employee was taken on the
basis of politics, religion, sex, age, race, sexual orientation, gender
identity, ancestry, disability, or national origin, or because of
membership in an employee organization, the employee shall be
reinstated without loss of pay. In all other cases the appointing
authority shall follow the recommendation of the commission, which
may include reinstatement and payment of salary or wages lost by the
employee, which may be mitigated by any wages the employee earned
from other employment during a dismissed or suspended period.
If the recommendation of the commission is not agreeable to the
employee, the employee, within fifteen (15) calendar days from receipt
of the commission recommendation, may elect to submit the complaint
to arbitration. The cost of arbitration shall be shared equally by the
employee and the state of Indiana. The commissioner of labor shall
prepare a list of three (3) impartial individuals trained in labor
relations, and from this list each party shall strike one (1) name. The
remaining arbitrator shall consider the issues which were presented to
the commission and shall afford the parties a public hearing with the
right to be represented and to present evidence. The arbitrator's
findings and recommendations shall be binding on both parties and
shall immediately be instituted by the commission.
SOURCE: IC 4-15-2-35.5; (08)IN1358.1.3. -->
SECTION 3. IC 4-15-2-35.5, AS AMENDED BY P.L.1-2006,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 35.5. (a) This section applies only to an employee
who has been suspended or terminated by the ethics commission.
(b) An employee who has been suspended or terminated by the
ethics commission may request that the ethics commission reconsider
its decision by filing a written petition for reconsideration with the
ethics commission not later than fifteen (15) days after the date on
which the employee was suspended or terminated. The employee must
include in the petition for reconsideration a concise statement of the
reasons that the employee believes that the termination or suspension
was erroneous.
(c) After receipt of the petition for reconsideration, the ethics
commission shall set the matter for hearing. At the hearing, the
employee is entitled to the due process protections of IC 4-21.5,
including the right to:
(1) be represented by counsel;
(2) present relevant evidence; and
(3) cross-examine opposing witnesses.
(d) The ethics commission shall rule on the petition for
reconsideration not later than thirty (30) days from the date of the
hearing. The ethics commission may:
(1) affirm its decision to suspend or terminate the employee;
(2) modify its decision to suspend or terminate the employee by:
(A) reducing the term of suspension; or
(B) vacating its order for termination and imposing a term of
suspension; or
(3) vacate its order to suspend or terminate the employee.
(e) If the ethics commission vacates its order to suspend or
terminate the employee under subsection (d)(3), the ethics commission
may order the payment of all or part of the wages lost by the employee
during the period of suspension or termination.
(f) Unless the ethics commission orders otherwise, the pendency of
a petition for reinstatement does not stay the order for termination or
suspension.
(g) An employee who has filed a petition for reconsideration may
not file a second or subsequent petition for reconsideration.
(h) If the ruling by the ethics commission on the employee's petition
for reconsideration is not agreeable to the employee, the employee may
submit an appeal in writing to the commission not later than fifteen
(15) calendar days after the date of the ruling by the ethics commission
on the petition for reconsideration. After submission of the appeal, the
commission shall, before rendering its decision, grant the appealing
employee and the ethics commission a public hearing, with the right to
be represented and to present evidence. With respect to all appeals, the
commission shall render its decision within thirty (30) days after the
date of the hearing on the appeal. If the commission finds that the
action against the employee was taken on the basis of politics, religion,
sex, age, race, sexual orientation, gender identity, or disability, or
because of membership in an employee organization, the employee
shall be reinstated without loss of pay. In all other cases the ethics
commission shall follow the recommendation of the commission,
which may include reinstatement and payment of salary or wages lost
by the employee, which may be mitigated by any wages the employee
earned from other employment during a period when the employee was
dismissed or suspended.
(i) If the recommendation of the commission under subsection (h)
is not agreeable to the employee, not later than fifteen (15) calendar
days after receipt of the commission's recommendation, the employee
may elect to submit the complaint to arbitration. The cost of arbitration
shall be shared equally by the employee and the state of Indiana. The
commissioner of labor shall prepare a list of three (3) impartial
individuals trained in labor relations, and from this list each party shall
strike one (1) name. The remaining arbitrator shall consider the issues
that were presented to the commission and shall afford the parties a
public hearing with the right to be represented and to present evidence.
The arbitrator's findings and recommendations shall be binding on both
parties and shall immediately be instituted by the commission.
SOURCE: IC 4-15-3-2; (08)IN1358.1.4. -->
SECTION 4. IC 4-15-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. Appointments to and promotions
in engineering positions in the engineering service of any department,
commission, bureau, board, or division of the state of Indiana shall be
made only according to merit and fitness. No person in the engineering
service of any department, commission, bureau, board, or division of
the state of Indiana or seeking admission thereto, shall be appointed,
promoted, or in any way favored or discriminated against because of
his the person's race, religion, color, sex, sexual orientation, gender
identity, national origin, age, disability, or ancestry.
SOURCE: IC 4-15-12-2; (08)IN1358.1.5. -->
SECTION 5. IC 4-15-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. The state is
committed to an affirmative action policy that includes the
establishment of employment policies and conditions that ensure the
elimination of underutilization of qualified members of affected classes
and the elimination of discrimination on the basis of race, or color,
religion, national origin, or ancestry, age, sex, sexual orientation,
gender identity, and disability.
SOURCE: IC 5-16-6-1; (08)IN1358.1.6. -->
SECTION 6. IC 5-16-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. Every contract for or on behalf
of the state of Indiana or any of the municipal corporations thereof, for
the construction, alteration, or repair of any public building or public
work in the state of Indiana shall contain provisions by which the
contractor agrees:
(a) (1) that in the hiring of employees for the performance of work
under this contract or any subcontract hereunder, no contractor,
or subcontractor, nor any person acting on behalf of such
contractor or subcontractor, shall, by reason of race, religion,
color, sex, sexual orientation, gender identity, national origin,
age, disability, or ancestry, discriminate against any citizen of the
state of Indiana who is qualified and available to perform the
work to which the employment relates;
(b) (2) that no contractor, subcontractor, nor any person on his
behalf of the contractor or the subcontractor shall, in any
manner, discriminate against or intimidate any employee hired for
the performance of work under this contract on account of race,
religion, color, sex, sexual orientation, gender identity, national
origin, age, disability, or ancestry;
(c) (3) that there may be deducted from the amount payable to the
contractor by the state of Indiana or by any municipal corporation
thereof, under this contract, a penalty of five dollars ($5.00) ($5)
for each person for each calendar day during which such person
was discriminated against or intimidated in violation of the
provisions of the contract; and
(d) (4) that this contract may be cancelled canceled or terminated
by the state of Indiana or by any municipal corporation thereof,
and all money due or to become due hereunder may be forfeited,
for a second or any subsequent violation of the terms or
conditions of this section of the contract.
SOURCE: IC 5-28-21-7; (08)IN1358.1.7. -->
SECTION 7. IC 5-28-21-7, AS ADDED BY P.L.4-2005, SECTION
34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: Sec. 7. A political subdivision (as defined in IC 36-1-2-13), a
nonprofit organization, or a for-profit organization may submit an
application to the corporation to obtain a grant, loan, or loan guarantee
to establish a small business incubator. The application must:
(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, ancestry, sex, sexual orientation,
gender identity, disability, or age; and
(7) include any other information required by the corporation.
SOURCE: IC 7.1-3-4-7; (08)IN1358.1.8. -->
SECTION 8. IC 7.1-3-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) Notwithstanding
any other law, a beer retailer may limit sales to the following:
(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, sexual orientation, gender
identity, national origin, ancestry, disability, or religion when
selecting persons to have access to the retailer's facilities and services.
SOURCE: IC 7.1-3-9-9.5; (08)IN1358.1.9. -->
SECTION 9. IC 7.1-3-9-9.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9.5. (a)
Notwithstanding any other law, a liquor retailer may limit sales to the
following:
(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, sexual orientation, gender
identity, age, national origin, ancestry, disability, or religion when
selecting persons to have access to the retailer's facilities and services.
SOURCE: IC 7.1-3-14-5; (08)IN1358.1.10. -->
SECTION 10. IC 7.1-3-14-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) Notwithstanding
any other law, a wine retailer may limit sales to the following:
(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, sexual orientation, gender
identity, age, national origin, ancestry, disability, or religion when
selecting persons to have access to the retailer's facilities and services.
SOURCE: IC 7.1-3-20-8.5; (08)IN1358.1.11. -->
SECTION 11. IC 7.1-3-20-8.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8.5. (a) As used in this
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,
sex, sexual orientation, gender identity, national origin,
age, disability, or ancestry. 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.
SOURCE: IC 8-23-2-3; (08)IN1358.1.12. -->
SECTION 12. IC 8-23-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The department
may hire qualified individuals to carry out its responsibilities subject
to the budget agency's approval under IC 4-12-1-13 and may prescribe
their terms and conditions of employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in any
way favored or discriminated against because of their political
affiliation, race, religion, color, sex, sexual orientation, gender
identity, national origin, age, disability, or ancestry;
(4) are ineligible to hold, or be a candidate for, elected office (as
defined in IC 3-5-2-17) while employed by the department, except
as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of service
by their immediate supervisor for the commissioner to determine
if employment should continue beyond the probationary period;
and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by the
department as a highway subdistrict superintendent unless the person
has received training or experience in maintaining or constructing
roads, highways, and bridges. Highway subdistrict superintendents
shall devote full time to the performance of their duties. Highway
district managers serve at the pleasure of the commissioner but upon
reassignment shall be retained in a position of equal or higher job
classification within the department. However, the employee may elect
to serve in the next lower job classification within the same district.
(d) The appointment or dismissal of the chief highway engineer for
the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and must
be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(f) Subject to this section:
(1) all employees of the department are subject to demotion,
discipline, dismissal, or transfer at the discretion of the
commissioner; and
(2) cause for demotion, dismissal, discipline, or transfer may
include but is not limited to failure to satisfactorily effectuate the
department's transportation plan and work programs.
(g) The commissioner may:
(1) require an employee or agent of the department to execute and
furnish a bond conditioned upon the faithful discharge and
performance of the duties of the employee or agent and the
accurate accounting of public funds that come into the employee's
or agent's control or custody; and
(2) prescribe an oath of employment for an employee or agent of
the department.
(h) Employees described in subsection (b) may:
(1) be candidates for:
(A) school board office (as defined in IC 3-5-2-45); or
(B) precinct committeeman or state convention delegate;
and serve in that office if elected; and
(2) be appointed to an office described in subdivision (1) and
serve in that office if appointed.
SOURCE: IC 10-13-3-1; (08)IN1358.1.13. -->
SECTION 13. IC 10-13-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. As used in this
chapter, "bias crime" means an offense in which the person who
commits the offense knowingly or intentionally:
(1) selected the person who was injured; or
(2) damaged or otherwise affected property;
by the offense because of the color, creed, religion, disability, national
origin, ancestry, race, religion, or sex, sexual orientation, age, or
gender identity of the injured person or of the owner or occupant of
the affected property or because the injured person or owner or
occupant of the affected property was associated with any other
recognizable group or affiliation.
SOURCE: IC 10-16-8-15; (08)IN1358.1.14. -->
SECTION 14. IC 10-16-8-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 15. (a) Adequate
provisions shall be made to allow the enlistment and induction of able
bodied citizens of each and all racial groups in Indiana into all
branches and departments of the Indiana guard reserve organized to
defend and enforce the laws of Indiana. To that end, all racial groups
in Indiana are entitled to that representation in each branch or
department of the Indiana guard reserve in approximate proportion to
the group or groups to the population of Indiana. However, this section
or any other statute may not be construed so as to allow racial
segregation.
(b) Race, or color, religion, sex, sexual orientation, gender
identity, national origin, age, disability, or ancestry may not be a
cause for excluding the application to serve or the service of any person
in any branch of service provided for in this chapter.
SOURCE: IC 12-20-5.5-1; (08)IN1358.1.15. -->
SECTION 15. IC 12-20-5.5-1, AS AMENDED BY P.L.73-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) The township trustee shall process all
applications for township assistance according to uniform written
standards and without consideration of the race,
creed, religion,
nationality,
ancestry, sex, sexual orientation, age, disability, or
gender
identity of the applicant or any member of the applicant's
household.
(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.
SOURCE: IC 12-30-3-14; (08)IN1358.1.16. -->
SECTION 16. IC 12-30-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 14. (a) Admission of all
patients and residents to the county home must be on a voluntary basis
and without regard to race, religion, color, sex, sexual orientation,
gender identity, national origin, age, disability, or ancestry.
(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.
SOURCE: IC 12-30-7-32; (08)IN1358.1.17. -->
SECTION 17. IC 12-30-7-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 32. Discrimination may
not be made in accommodation, care, or treatment of any patient at a
health center established under this chapter because of race, creed,
religion, national origin, ancestry, sex, sexual orientation, gender
identity, age, disability, or ability to pay.
SOURCE: IC 16-23-1-21; (08)IN1358.1.18. -->
SECTION 18. IC 16-23-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 21. (a) The hospital
may not discriminate among patients due to the following:
(1) Race, color, religion, national origin, ancestry, sexual
orientation, gender identity, age, 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.
SOURCE: IC 20-24-2-2; (08)IN1358.1.19. -->
SECTION 19. IC 20-24-2-2, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. A charter school is subject to all federal and
state laws and constitutional provisions that prohibit discrimination on
the basis of the following:
(1) Disability.
(2) Race.
(3) Color.
(4) Gender.
(5) National origin.
(6) Religion.
(7) Ancestry.
(8) Sexual orientation.
(9) Gender identity.
SOURCE: IC 20-24.5-3-5; (08)IN1358.1.20. -->
SECTION 20. IC 20-24.5-3-5, AS ADDED BY P.L.2-2007,
SECTION 209, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. (a) A student who applies for
admission to the academy must:
(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, ancestry, sexual orientation, gender identity,
age, disability, or household income.
SOURCE: IC 20-33-1-1; (08)IN1358.1.21. -->
SECTION 21. IC 20-33-1-1, AS AMENDED BY P.L.2-2007,
SECTION 225, AND AS AMENDED BY P.L.234-2007, SECTION
117, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. The following is the public
policy of the state:
(1) To provide:
(A) equal;
(B) nonsegregated; and
(C) nondiscriminatory;
educational opportunities and facilities for all, regardless of race,
creed, religion, national origin, ancestry, color, or sex, sexual
orientation, or gender identity.
(2) To provide and furnish public schools and common schools
equally open equally to all, and prohibited and denied to none
because of race, creed, religion, color, or national origin,
ancestry, sexual orientation, or gender identity.
(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 for the state and the citizens of Indiana a uniform
democratic system of public and common 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, or religion, color, national origin, ancestry, sexual
orientation, or gender identity.
(6) To eliminate and prohibit:
(A) segregation;
(B) separation; and
(C) discrimination;
on the basis of race, color, or creed, or color, religion, national
origin, ancestry, sexual orientation, or gender identity in the
public kindergartens, common schools, public schools. career
and technical education centers or schools, colleges, and
universities of Indiana.
SOURCE: IC 20-33-1-3; (08)IN1358.1.22. -->
SECTION 22. IC 20-33-1-3, AS AMENDED BY P.L.2-2007,
SECTION 226, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The governing body of a
school corporation and the board of trustees of a state educational
institution may not build or erect, establish, maintain, continue, or
permit any segregated or separate public schools, including any public
school departments or divisions, on the basis of race, color, creed, or
religion, national origin, ancestry, sexual orientation, or gender
identity of pupils or students.
(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, religion, national origin, ancestry, sexual orientation, gender
identity, or socioeconomic class.
SOURCE: IC 20-33-1-4; (08)IN1358.1.23. -->
SECTION 23. IC 20-33-1-4, AS AMENDED BY P.L.2-2007,
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) A student is entitled to be
admitted and enrolled in a public school in the school corporation in
which the student resides without regard to race,
creed, religion, color,
socioeconomic class,
or national origin,
ancestry, sexual orientation,
or gender identity.
(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, religion, color, or
national origin, ancestry, sexual orientation, or gender identity.
(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.
SOURCE: IC 20-33-1-5; (08)IN1358.1.24. -->
SECTION 24. IC 20-33-1-5, AS AMENDED BY P.L.2-2007,
SECTION 228, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. (a) A public school may not
segregate, separate, or discriminate against any of its students on the
basis of race, creed, or religion, color, national origin, ancestry,
sexual orientation, or gender identity.
(b) Admission to a public school may not be approved or denied on
the basis of race, creed, or religion, color, national origin, ancestry,
sexual orientation, or gender identity.
SOURCE: IC 20-33-1-6; (08)IN1358.1.25. -->
SECTION 25. IC 20-33-1-6, AS AMENDED BY P.L.2-2007,
SECTION 229, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 6. A public school may not
discriminate in any way in the hiring, upgrading, tenure, or placement
of a teacher on the basis of race, creed, religion, color, or national
origin, ancestry, sex, sexual orientation, or gender identity.
SOURCE: IC 20-42-3-10; (08)IN1358.1.26. -->
SECTION 26. IC 20-42-3-10, AS AMENDED BY P.L.2-2007,
SECTION 239, AND AS AMENDED BY P.L.234-2007, SECTION
132, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10. The trustee, with the advice and
consent of the township board, shall use the account for the following
educational purposes:
(1) Each year the trustee shall pay to the parent or legal guardian
of any child whose residence is within the township, the initial
cost for the rental of textbooks used in any elementary or
secondary school that has been accredited by the state. The
reimbursement for the rental of textbooks shall be for the initial
yearly rental charge only. Textbooks subsequently lost or
destroyed may not be paid for from this account.
(2) Students who are residents of the township for the last two (2)
years of their secondary education and who still reside within the
township are entitled to receive financial assistance in an amount
not to exceed an amount determined by the trustee and the
township board during an annual review of
higher postsecondary
education fees and tuition costs of
post-high school education at
any accredited college, university, junior college, or career and
technical education center or school or trade school.
postsecondary educational institution. Amounts to be paid to
each eligible student shall be set annually after this review. The
amount paid each year must be:
(A) equitable for every eligible student without regard to race,
religion, creed, sex, disability, sexual orientation, gender
identity, ancestry, age, or national origin; and
(B) based on the number of students and the amount of funds
available each year.
(3) A person who has been a permanent resident of the township
continuously for at least two (2) years and who needs educational
assistance for job training or retraining may apply to the trustee
of the township for financial assistance. The trustee and the
township board shall review each application and make assistance
available according to the need of each applicant and the
availability of funds.
(4) If all the available funds are not used in any one (1) year, the
unused funds shall be retained in the account by the trustee for
use in succeeding years.
SOURCE: IC 21-11-6-1; (08)IN1358.1.27. -->
SECTION 27. IC 21-11-6-1, AS ADDED BY P.L.2-2007,
SECTION 252, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. The commission shall exercise
its functions without regard to an applicant's race, creed, religion, sex,
sexual orientation, gender identity, age, disability, color, national
origin, or ancestry.
SOURCE: IC 21-17-3-17; (08)IN1358.1.28. -->
SECTION 28. IC 21-17-3-17, AS ADDED BY P.L.2-2007,
SECTION 258, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 17. A postsecondary proprietary
educational institution's accreditation shall be suspended at any time if
the accredited postsecondary proprietary educational institution denies
enrollment to a student or makes a distinction or classification of
students on the basis of race, color, or creed, religion, sexual
orientation, gender identity, national origin, disability, or ancestry.
SOURCE: IC 21-40-2-1; (08)IN1358.1.29. -->
SECTION 29. IC 21-40-2-1, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. The following is the public
policy of the state:
(1) To provide:
(A) equal;
(B) nonsegregated; and
(C) nondiscriminatory;
educational opportunities and facilities for all, regardless of race,
creed, religion, national origin, ancestry, color, or sex, sexual
orientation, or gender identity.
(2) To provide and furnish state educational institutions open
equally to all, and prohibited and denied to none because of race,
creed, religion, color, or national origin, ancestry, sexual
orientation, or gender identity.
(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, or religion,
color, national origin, ancestry, sexual orientation, or gender
identity.
(6) To eliminate and prohibit:
(A) segregation;
(B) separation; and
(C) discrimination;
on the basis of race, color, or creed religion, national origin,
ancestry, sexual orientation, or gender identity in state
educational institutions.
SOURCE: IC 21-40-2-4; (08)IN1358.1.30. -->
SECTION 30. IC 21-40-2-4, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The board of trustees of a
state educational institution may not build or erect, establish, maintain,
continue, or permit any segregated or separate state educational
institutions on the basis of race, color, creed, or religion, national
origin, ancestry, sexual orientation, or gender identity of students.
(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.
SOURCE: IC 21-40-2-5; (08)IN1358.1.31. -->
SECTION 31. IC 21-40-2-5, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. (a) A student may not be
prohibited, segregated, or denied attendance or enrollment to a state
educational institution because of the student's race, creed, religion,
color, or national origin, ancestry, sexual orientation, or gender
identity.
(b) Every student is free to attend a state educational institution
within the laws applicable alike to noncitizen and nonresident students.
SOURCE: IC 21-40-2-6; (08)IN1358.1.32. -->
SECTION 32. IC 21-40-2-6, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 6. (a) A state educational institution
may not segregate, separate, or discriminate against any of its students
on the basis of race, creed, or religion, color, ancestry, sexual
orientation, or gender identity.
(b) Admission to a state educational institution may not be approved
or denied on the basis of race, creed, or religion, color, ancestry,
sexual orientation, or gender identity.
SOURCE: IC 21-40-2-7; (08)IN1358.1.33. -->
SECTION 33. IC 21-40-2-7, AS ADDED BY P.L.2-2007,
SECTION 281, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7. A state educational institution
may not discriminate in any way in the hiring, upgrading, tenure, or
placement of any teacher on the basis of age, disability, race, creed,
religion, color, or national origin, ancestry, sexual orientation, or
gender identity.
SOURCE: IC 22-9-1-2; (08)IN1358.1.34. -->
SECTION 34. IC 22-9-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) It is the public
policy of the state to provide all of its citizens equal opportunity for
education, employment, access to public conveniences and
accommodations, and acquisition through purchase or rental of real
property, including but not limited to housing, and to eliminate
segregation or separation based solely on race, religion, color, sex,
sexual orientation, gender identity, age, disability, national origin, or
ancestry, since such segregation is an impediment to equal opportunity.
Equal education and employment opportunities and equal access to and
use of public accommodations and equal opportunity for acquisition of
real property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex,
sexual orientation,
gender identity, age, disability, national origin, or ancestry of such
person persons is contrary to the principles of freedom and equality of
opportunity and is a burden to the objectives of the public policy of this
state and shall be considered as discriminatory practices. The
promotion of equal opportunity without regard to race, religion, color,
sex, sexual orientation, gender identity, age, disability, national
origin, or ancestry through reasonable methods is the purpose of this
chapter.
(c) It is also the public policy of this state to protect employers,
labor organizations, employment agencies, property owners, real estate
brokers, builders, and lending institutions from unfounded charges of
discrimination.
(d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, religion,
color, sex, sexual orientation, gender identity, age, disability,
national origin, or ancestry.
(e) The general assembly recognizes that on February 16, 1972,
there are institutions of learning in Indiana presently and traditionally
following the practice of limiting admission of students to males or to
females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities to
accommodate students of both sexes, and that educational facilities of
similar quality and type are available in coeducational institutions for
those students desiring such facilities. It is further recognized that this
chapter is susceptible of interpretation to prevent these institutions
from continuing their traditional policies, a result not intended by the
general assembly. Therefore, the amendment effected by Acts 1972,
P.L.176, is desirable to permit the continuation of the policies
described.
(f) This chapter shall be construed broadly to effectuate its purpose.
SOURCE: IC 22-9-1-3; (08)IN1358.1.35. -->
SECTION 35. IC 22-9-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. As used in this
chapter:
(a) "Person" means one (1) or more individuals, partnerships,
associations, organizations, limited liability companies, corporations,
labor organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers, and other organized groups of
persons.
(b) "Commission" means the civil rights commission created under
section 4 of this chapter.
(c) "Director" means the director of the civil rights commission.
(d) "Deputy director" means the deputy director of the civil rights
commission.
(e) "Commission attorney" means the deputy attorney general, such
assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into in
lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil rights
law.
(h) "Employer" means the state or any political or civil subdivision
thereof and any person employing six (6) or more persons within the
state, except that the term "employer" does not include:
(1) any nonprofit corporation or association organized exclusively
for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that is
not organized for profit.
(i) "Employee" means any person employed by another for wages or
salary. However, the term does not include any individual employed:
(1) by his the individual's parents, spouse, or child; or
(2) in the domestic service of any person.
(j) "Labor organization" means any organization that exists for the
purpose in whole or in part of collective bargaining or of dealing with
employers concerning grievances, terms, or conditions of employment
or for other mutual aid or protection in relation to employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because of
race, religion, color, sex, sexual orientation, gender identity,
age, disability, national origin, or ancestry;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, sexual orientation, gender
identity, age, disability, national origin, or ancestry;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, sexual orientation, gender identity,
age, disability, national origin, or ancestry; or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of real
estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301) shall be considered
unlawful unless it is specifically exempted by this chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on his the individual's own behalf to
have been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging that
a discriminatory practice was committed against a person other
than himself the director or deputy director or a class of people,
in order to vindicate the public policy of the state (as defined in
section 2 of this chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
commission; or
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed and verified by the complainant.
(p) "Sufficiently complete" refers to a complaint that includes:
(1) the full name and address of the complainant;
(2) the name and address of the respondent against whom the
complaint is made;
(3) the alleged discriminatory practice and a statement of
particulars thereof;
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination are alleged to have occurred; and
(5) a statement as to any other action, civil or criminal, instituted
in any other form based upon the same grievance alleged in the
complaint, together with a statement as to the status or disposition
of the other action.
No complaint shall be valid unless filed within one hundred eighty
(180) days from the date of the occurrence of the alleged
discriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public accommodations,
and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
rest rooms;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for a
labor organization to classify its membership or to classify or refer
for employment any individual, or for an employer, a labor
organization, or a joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of sex
in those certain instances where sex is a bona fide occupational
qualification reasonably necessary to the normal operation of that
particular business or enterprise; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental condition
of a person that constitutes a substantial disability. In reference to
employment, under this chapter, "disabled or disability" also means the
physical or mental condition of a person that constitutes a substantial
disability unrelated to the person's ability to engage in a particular
occupation.
SOURCE: IC 22-9-1-6; (08)IN1358.1.36. -->
SECTION 36. IC 22-9-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) The commission
shall establish and maintain a permanent office in the city of
Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their compensation
within the limitation provided by law, and prescribe their duties. All
these employees, with the exception of the executive director and
attorneys, shall be appointed by the commission from eligible lists to
be promulgated by the department of personnel as the result of a
competitive examination held under IC 4-15-2 and rules of the
department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
the person's academic training. Promotions, suspensions, and removal
of persons appointed from such lists shall be in accordance with
IC 4-15-2. The reasonable and necessary traveling expenses of each
employee of the commission while actually engaged in the performance
of duties in behalf of the commission shall be paid in accordance with
the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may adopt
rules under IC 4-22-2 to implement this chapter.
(d) 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.
(e) 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.
(f) 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, sexual orientation, gender identity,
(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.
(g) 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, sexual orientation, gender identity,
(h) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person because
he the other person filed a complaint, testified in any hearing before
this commission, or in any way assisted the commission in any matter
under its investigation.
(i) 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.
(j) 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.
(k) 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) 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) 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) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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 (k). 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.
(q) 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.
(r) 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.
SOURCE: IC 22-9-1-10; (08)IN1358.1.37. -->
SECTION 37. IC 22-9-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10. Every contract to
which the state or any of its political or civil subdivisions is a party,
including franchises granted to public utilities, shall contain a provision
requiring the contractor and his the contractor's subcontractors not to
discriminate against any employee or applicant for employment to be
employed in the performance of such contract, with respect to his the
employee's or applicant's hire, tenure, terms, conditions, or privileges
of employment or any matter directly or indirectly related to
employment, because of his the employee's or applicant's race,
religion, color, sex, sexual orientation, gender identity, age,
disability, national origin, or ancestry. Breach of this covenant may be
regarded as a material breach of the contract.
SOURCE: IC 22-9-1-11; (08)IN1358.1.38. -->
SECTION 38. IC 22-9-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. In addition to its
power to investigate the discriminatory practices referred to in this
chapter, the commission may receive written complaints of violation of
this chapter or other discriminatory practices based upon race, religion,
color, sex, sexual orientation, gender identity, age, disability,
national origin, or ancestry and to investigate such complaints as it
deems meritorious, or to conduct such investigation in the absence of
complaints whenever it deems it in the public interest. It may transmit
to the general assembly its recommendations for legislation designed
to aid in the removing of such discrimination.
SOURCE: IC 22-9-2-11; (08)IN1358.1.39. -->
SECTION 39. IC 22-9-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. Nothing contained
herein shall be deemed to repeal any of the provisions of any law of
this state relating to discrimination because of age, race, or color,
religion, sex, sexual orientation, gender identity, disability, or
country of ancestral origin. Nothing herein shall be deemed to limit,
restrict, or affect the freedom of any employer in regard to: (a)
(1) fixing compulsory retirement requirements for any class of
employees at an age or ages less than seventy (70) years; (b)
(2) 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)
(3) keeping age records for any such purposes.
SOURCE: IC 22-9.5-3-2; (08)IN1358.1.40. -->
SECTION 40. IC 22-9.5-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. This article does not
prohibit a religious organization, an association, or a society or a
nonprofit institution or an organization operated, supervised, or
controlled by or in conjunction with a religious organization, an
association, or a society from:
(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, or
national origin, ancestry, sex, sexual orientation, age, disability,
or gender identity.
SOURCE: IC 22-9.5-3-3; (08)IN1358.1.41. -->
SECTION 41. IC 22-9.5-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. This article does not
prohibit a private club not open to the public that, as an incident to the
club's primary purpose, provides lodging that the club owns or operates
for other than a commercial purpose from limiting the rental or
occupancy of that lodging to the members or from giving preference to
the members, unless membership in the club is restricted because of
race, color, or national origin, age, disability, ancestry, sex, sexual
orientation, or gender identity.
SOURCE: IC 22-9.5-3-5; (08)IN1358.1.42. -->
SECTION 42. IC 22-9.5-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. This article does not
prohibit a person engaged in the business of furnishing appraisals of
real property from taking into consideration factors other than race,
color, religion, sex, sexual orientation, gender identity, disability,
familial status, age, ancestry, or national origin.
SOURCE: IC 22-9.5-5-1; (08)IN1358.1.43. -->
SECTION 43. IC 22-9.5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) A person may not
refuse to sell or to rent after the making of a bona fide offer, refuse to
negotiate for the sale or rental of, or otherwise make unavailable or
deny a dwelling to any person because of race, color, religion, sex,
sexual orientation, gender identity, familial status, disability, age,
ancestry, or national origin.
(b) A person may not discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in providing
services or facilities in connection with the sale or rental of a dwelling,
because of race, color, religion, sex, sexual orientation, gender
identity, familial status, disability, age, ancestry, or national origin.
(c) This section does not prohibit discrimination against a person
because the person has been convicted under federal law or the law of
any state of the illegal manufacture or distribution of a controlled
substance.
SOURCE: IC 22-9.5-5-2; (08)IN1358.1.44. -->
SECTION 44. IC 22-9.5-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. A person may not
make, print, or publish or cause to be made, printed, or published any
notice, statement, or advertisement with respect to the sale or rental of
a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, sex, sexual orientation, gender
identity, age, disability, familial status, ancestry, or national origin, or
an intention to make such a preference, limitation, or discrimination.
SOURCE: IC 22-9.5-5-3; (08)IN1358.1.45. -->
SECTION 45. IC 22-9.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. A person may not
represent to any person because of race, color, religion, sex, sexual
orientation, gender identity, age, disability, familial status, ancestry,
or national origin that a dwelling is not available for inspection for sale
or rental when the dwelling is available for inspection.
SOURCE: IC 22-9.5-5-4; (08)IN1358.1.46. -->
SECTION 46. IC 22-9.5-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. A person may not,
for profit, induce or attempt to induce a person to sell or rent a dwelling
by representations regarding the entry or prospective entry into a
neighborhood of a person of a particular race, color, religion, sex,
sexual orientation, gender identity, age, disability, familial status,
ancestry, or national origin.
SOURCE: IC 22-9.5-5-6; (08)IN1358.1.47. -->
SECTION 47. IC 22-9.5-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) As used in this
section, "residential real estate related transaction" means the
following:
(1) Making or purchasing loans or providing other financial
assistance:
(A) to purchase, construct, improve, repair, or maintain a
dwelling; or
(B) to secure residential real estate.
(2) Selling, brokering, or appraising residential real property.
(b) A person whose business includes engaging in residential real
estate related transactions may not discriminate against a person in
making a real estate related transaction available or in the terms or
conditions of a real estate related transaction because of race, color,
religion, sex, sexual orientation, gender identity, age, disability,
familial status, ancestry, or national origin.
SOURCE: IC 22-9.5-5-7; (08)IN1358.1.48. -->
SECTION 48. IC 22-9.5-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. A person may not
deny any person access to, or membership or participation in, a
multiple-listing service, real estate brokers' organization, or other
service, organization, or facility relating to the business of selling or
renting dwellings, or discriminate against a person in the terms or
conditions of access, membership, or participation in such an
organization, service, or facility because of race, color, religion, sex,
sexual orientation, gender identity, age, disability, familial status,
ancestry, or national origin.
SOURCE: IC 22-9.5-10-1; (08)IN1358.1.49. -->
SECTION 49. IC 22-9.5-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. A person commits
a Class A misdemeanor if the person, whether or not acting under color
of law, by force or threat of force intentionally intimidates or interferes
with or attempts to intimidate or interfere with a person:
(1) because of the person's race, color, religion, sex,
sexual
orientation, gender identity, age, disability, familial status,
ancestry, or national origin and because the person is or has been
selling, purchasing, renting, financing, occupying, or contracting
or negotiating for the sale, purchase, rental, financing, or
occupation of any dwelling, or applying for or participating in a
service, organization, or facility relating to the business of selling
or renting dwellings; or
(2) because the person is or has been, or to intimidate the person
from:
(A) participating, without discrimination because of race,
color, religion, sex,
sexual orientation, gender identity,
disability, familial status,
age, ancestry, or national origin, in
an activity, a service, an organization, or a facility described in
subdivision (1);
(B) affording another person opportunity or protection to
participate in an activity, a service, an organization, or a
facility described in subdivision (1); or
(C) lawfully aiding or encouraging other persons to participate,
without discrimination because of race, color, religion, sex,
sexual orientation, gender identity, disability, familial status,
age, ancestry, or national origin, in an activity, a service, an
organization, or a facility described in subdivision (1).
SOURCE: IC 24-9-3-9; (08)IN1358.1.50. -->
SECTION 50. IC 24-9-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. It is unlawful for a
creditor to discriminate against any applicant with respect to any aspect
of a credit transaction on the basis of race, color, religion, ancestry,
national origin, sex, marital status, sexual orientation, gender
identity, disability, or age, if the applicant has the ability to contract.
SOURCE: IC 27-2-17-6; (08)IN1358.1.51. -->
SECTION 51. IC 27-2-17-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) An insurance
company that issues property or casualty insurance shall not
discriminate in the appointment of an independent insurance producer
on the basis of race, color, national origin, ancestry, sexual
orientation, gender identity, age, disability, or gender.
(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.
SOURCE: IC 27-2-21-16; (08)IN1358.1.52. -->
SECTION 52. IC 27-2-21-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 16. An insurer that uses
credit information to underwrite or rate risks shall not do the following:
(1) Use an insurance score that is calculated using income,
gender, address, ZIP code, ethnic group, religion, marital status,
sexual orientation, gender identity, ancestry, age, 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 credit information unless the insurer recalculates the
insurance score or obtains an updated credit report at least every
thirty-six (36) months. However, the following apply:
(A) At annual renewal, upon the request of an insured or the
insured's agent, the insurer shall re-underwrite and re-rate the
personal insurance policy based on a current credit report or
insurance score unless one (1) of the following applies:
(i) The insurer's treatment of the consumer is otherwise
approved by the commissioner.
(ii) The insured is in the most favorably priced tier of the
insurer, within a group of affiliated insurers.
(iii) Credit information was not used for underwriting or
rating the insured when the personal insurance policy was
initially written.
(iv) 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.
This clause does not require an insurer to recalculate an
insurance score or obtain an updated credit report of a
consumer more frequently than one (1) time in a twelve (12)
month period.
(B) An insurer 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.
(8) 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 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.
SOURCE: IC 27-7-12-7; (08)IN1358.1.53. -->
SECTION 53. IC 27-7-12-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. Termination of
property insurance coverage by an insurer is prohibited if the
termination is based on any of the following:
(1) Upon the race, religion, nationality,
ancestry, ethnic group,
age, sex,
sexual orientation, gender identity, 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.
SOURCE: IC 31-9-2-51; (08)IN1358.1.54. -->
SECTION 54. IC 31-9-2-51 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 51. "Hard to place
child" or "hard to place children", for purposes of IC 31-19, means a
child who is or children who are disadvantaged:
(1) because of:
(A) ethnic background;
(B) race;
(C) color;
(D) language;
(E) physical, mental, or medical disability; or
(F) religion;
(G) sex;
(H) sexual orientation;
(I) gender identity;
(J) ancestry;
(K) national origin; or
(F) (L) age; or
(2) because the child or children are members of a sibling group
that should be placed in the same home.
SOURCE: IC 31-19-8-6; (08)IN1358.1.55. -->
SECTION 55. IC 31-19-8-6, AS AMENDED BY P.L.138-2007,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) The agency's or county office of family and
children's report must, to the extent possible, include the following:
(1) The former environment and antecedents of the child.
(2) The fitness of the child for adoption.
(3) Whether the child is classified as hard to place:
(A) because of the child's ethnic background, race, color,
language, physical, mental, or medical disability,
religion, sex,
sexual orientation, gender identity, ancestry, national
origin, or age; or
(B) because the child is a member of a sibling group that
should be placed in the same home.
(4) The suitability of the proposed home for the child.
(b) The report may not contain any of the following:
(1) Information concerning the financial condition of the parents.
(2) A recommendation that a request for a subsidy be denied in
whole or in part due to the financial condition of the parents.
(c) The criminal history information required under IC 31-19-2-7.5
must accompany the report.
SOURCE: IC 33-28-5-18; (08)IN1358.1.56. -->
SECTION 56. IC 33-28-5-18, AS AMENDED BY P.L.118-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 18. (a) The supervising judge or the jury
administrator shall determine whether a prospective juror is qualified
to serve or, if disabled but otherwise qualified, whether the prospective
juror could serve with reasonable accommodation. A person who is not
eligible for jury service may not serve. The facts supporting juror
disqualification or exemption must be recorded under oath or
affirmation. A disqualification or exemption is not authorized unless
supported by the facts. The jury administrator shall make a record of all
disqualifications.
(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 sc