Indiana 2022 Regular Session

Indiana Senate Bill SB0276 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 276
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-6-2; IC 34-13-10.
7	7	Synopsis: Cause of action for civil rights violations. Prohibits a
8	8	governmental entity (entity), including a state educational institution
9	9	(institution), from discriminating against persons: (1) over the exercise
10	10	of rights provided or protected by the Constitution of the United States;
11	11	or (2) by granting preferential treatment to any individual or group on
12	12	the basis of race, sex, color, ethnicity, or national origin in the
13	13	operation of public employment, public education, or public
14	14	contracting. Specifies certain exemptions. Provides that prohibited
15	15	discrimination may be asserted as a claim or defense in a judicial or
16	16	administrative proceeding regardless of whether the relevant entity or
17	17	institution is a party to the proceeding. Provides that, if the relevant
18	18	entity or institution is not a party to a proceeding, the relevant entity or
19	19	institution has an unconditional right to intervene in order to respond
20	20	to an action or claim alleging discrimination. Specifies certain awards
21	21	and remedies. Defines certain terms.
22	22	Effective: July 1, 2022.
23	23	Koch
24	24	January 10, 2022, read first time and referred to Committee on Judiciary.
25	25	2022 IN 276—LS 6585/DI 149 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	SENATE BILL No. 276
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning civil
38	38	procedure.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 34-6-2-34.6 IS ADDED TO THE INDIANA CODE
41	41	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42	42	3 1, 2022]: Sec. 34.6. "Discriminate against", for purposes of
43	43	4 IC 34-13-10, has the meaning set forth in IC 34-13-10-3.
44	44	5 SECTION 2. IC 34-6-2-49, AS AMENDED BY P.L.220-2013,
45	45	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	7 JULY 1, 2022]: Sec. 49. (a) "Governmental entity", for purposes of
47	47	8 section 91 of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4,
48	48	9 means the state or a political subdivision of the state. For purposes of
49	49	10 IC 34-13-2, IC 34-13-3, and IC 34-13-4, the term includes a charter
50	50	11 school.
51	51	12 (b) "Governmental entity", for purposes of section 103(j) of this
52	52	13 chapter, means the state or a political subdivision of the state.
53	53	14 (c) "Governmental entity", for purposes of IC 34-13-10, has the
54	54	15 meaning set forth in IC 34-13-10-4.
55	55	16 SECTION 3. IC 34-6-2-141.5 IS ADDED TO THE INDIANA
56	56	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
57	57	2022 IN 276—LS 6585/DI 149 2
58	58	1 [EFFECTIVE JULY 1, 2022]: Sec. 141.5. "State educational
59	59	2 institution", for purposes of IC 34-13-10, has the meaning set forth
60	60	3 in IC 34-13-10-5.
61	61	4 SECTION 4. IC 34-13-10 IS ADDED TO THE INDIANA CODE
62	62	5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
63	63	6 JULY 1, 2022]:
64	64	7 Chapter 10. Protection of Civil and Constitutional Rights
65	65	8 Sec. 1. This chapter does not apply to the following:
66	66	9 (1) Any policy, procedure, or protocol intended to protect or
67	67	10 ensure the safety of any inmate or employee of a penal
68	68	11 institution.
69	69	12 (2) The enforcement or prosecution of any criminal statute
70	70	13 under state or federal law.
71	71	14 (3) Any restriction or condition placed on a person:
72	72	15 (A) participating in:
73	73	16 (i) a community corrections program (IC 11-12-1);
74	74	17 (ii) a forensic diversion program (IC 11-12-3.7); or
75	75	18 (iii) a pretrial diversion program (IC 33-39-1);
76	76	19 (B) subject to pretrial release;
77	77	20 (C) currently serving the remainder of a criminal sentence
78	78	21 while on probation or parole; or
79	79	22 (D) subject to a protective order issued under IC 34-26-5.
80	80	23 (4) Any bona fide qualifications based on sex that are
81	81	24 reasonably necessary to the normal operation of public
82	82	25 employment, public education, or public contracting.
83	83	26 (5) Any claim or cause of action initiated on or before June 30,
84	84	27 2022.
85	85	28 (6) Any court order, settlement, consent decree, or
86	86	29 comparable settlement or resolution issued or executed on or
87	87	30 before June 30, 2022.
88	88	31 Sec. 2. (a) Subject to subsection (b), this chapter applies to all
89	89	32 governmental entity statutes, ordinances, resolutions, executive or
90	90	33 administrative orders, regulations, customs, and usages, including
91	91	34 the implementation or application thereof, regardless of whether
92	92	35 enacted, adopted, or initiated before, on, or after July 1, 2022.
93	93	36 (b) A governmental entity statute, ordinance, resolution,
94	94	37 executive or administrative order, regulation, custom, or usage
95	95	38 may not be construed to be exempt from the application of this
96	96	39 chapter unless a state statute expressly exempts the statute,
97	97	40 ordinance, resolution, executive or administrative order,
98	98	41 regulation, custom, or usage from the application of this chapter by
99	99	42 citation to this chapter.
100	100	2022 IN 276—LS 6585/DI 149 3
101	101	1 Sec. 3. As used in this chapter, "discriminate against" means
102	102	2 either of the following:
103	103	3 (1) The taking of one (1) or more of the following actions in
104	104	4 response to a person's exercise of a right provided or
105	105	5 protected by the Constitution of the United States:
106	106	6 (A) Refusing to enter into a contract with the person.
107	107	7 (B) Terminating an existing contract with the person.
108	108	8 (C) Refusing to employ the person.
109	109	9 (D) Terminating the employment of the person.
110	110	10 (E) Denying the use of property to the person if the person
111	111	11 would otherwise be eligible to use the property.
112	112	12 (F) Denying the person entry to a property if the person
113	113	13 would otherwise be eligible to enter the property.
114	114	14 (2) Granting preferential treatment to any individual or
115	115	15 group on the basis of race, sex, color, ethnicity, or national
116	116	16 origin in the operation of public employment, public
117	117	17 education, or public contracting.
118	118	18 Sec. 4. As used in this chapter, "governmental entity" includes
119	119	19 the whole or any part of a branch, department, agency,
120	120	20 instrumentality, official, or other individual or entity acting under
121	121	21 color of law of any of the following:
122	122	22 (1) State government.
123	123	23 (2) A political subdivision (as defined in IC 36-1-2-13).
124	124	24 (3) An instrumentality of a governmental entity described in
125	125	25 subdivision (1) or (2), including a state educational institution,
126	126	26 a body politic, a body corporate and politic, or any other
127	127	27 similar entity established by law.
128	128	28 Sec. 5. As used in this chapter, "state educational institution"
129	129	29 has the meaning set forth in IC 21-7-13-32.
130	130	30 Sec. 6. A governmental entity may not discriminate against:
131	131	31 (1) a person;
132	132	32 (2) an employee of a person; or
133	133	33 (3) the relative of an employee of a person.
134	134	34 Sec. 7. A person that has been discriminated against by a
135	135	35 governmental entity may assert the discrimination as a claim or
136	136	36 defense in a judicial or administrative proceeding regardless of
137	137	37 whether the governmental entity is a party to the proceeding. If the
138	138	38 relevant governmental entity is not a party to the proceeding, the
139	139	39 relevant governmental entity has an unconditional right to
140	140	40 intervene in order to respond to the person's invocation of this
141	141	41 chapter.
142	142	42 Sec. 8. (a) If a court or other tribunal in which a violation of this
143	143	2022 IN 276—LS 6585/DI 149 4
144	144	1 chapter is asserted determines that a governmental entity has
145	145	2 discriminated against a person in violation of this chapter, relief
146	146	3 against the offending governmental entity:
147	147	4 (1) shall include statutory damages of one thousand dollars
148	148	5 ($1,000) a day until the violation is cured; and
149	149	6 (2) may include one (1) or more of the following:
150	150	7 (A) Declaratory relief.
151	151	8 (B) Injunctive relief for the purpose of preventing,
152	152	9 restraining, correcting, or abating the violation of this
153	153	10 chapter.
154	154	11 (C) Actual damages.
155	155	12 (D) Compensatory damages.
156	156	13 (b) If appropriate, the court or other tribunal may also award
157	157	14 all or part of the costs of litigation, including reasonable attorney's
158	158	15 fees, to a person that prevails against a governmental entity under
159	159	16 this chapter.
160	160	17 Sec. 9. Nothing in this chapter may be construed to create a
161	161	18 claim or private cause of action against a private person or entity.
162	162	19 Sec. 10. Nothing in this chapter may be construed to negate any
163	163	20 right available under the Constitution of the State of Indiana.
164	164	21 Sec. 11. If any part of this chapter is found to be in conflict with
165	165	22 the Constitution of the United States or federal law, this chapter
166	166	23 shall be implemented to the maximum extent permissible by the
167	167	24 Constitution of the United States or federal law. Any provision held
168	168	25 invalid shall be severable from the remaining portions of this
169	169	26 chapter as provided under IC 1-1-1-8.
170	170	2022 IN 276—LS 6585/DI 149