February 9, 2010





ENGROSSED

SENATE BILL No. 190

_____


DIGEST OF SB 190 (Updated February 9, 2010 12:37 pm - DI 96)



Citations Affected: IC 4-23; IC 22-9.

Synopsis: Discriminatory practice definition and board for the coordination of programs serving vulnerable individuals. Provides that taking an adverse employment action against an employee because that employee lawfully opposed or attempted to oppose a practice that is unlawful under civil rights enforcement laws is a discriminatory practice. Requires the board for the coordination of programs serving vulnerable individuals (board) to: (1) review and make recommendations regarding certain state agencies contracting with minority operated nonprofit organizations; and (2) develop a plan to increase the number of contracts between certain state agencies and minority operated nonprofit organizations. Reconciles conflicting language about the board's reporting duties.

Effective: Upon passage; July 1, 2010.





Boots, Young R Michael, Buck, Tallian, Randolph
(HOUSE SPONSOR _ SMITH V)




    January 5, 2010, read first time and referred to Committee on Pensions and Labor.
    January 14, 2010, amended, reported favorably _ Do Pass.
    January 19, 2010, read second time, amended, ordered engrossed.
    January 20, 2010, engrossed.
    January 21, 2010, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 2, 2010, read first time and referred to Committee on Labor and Employment.
    February 9, 2010, amended, reported _ Do Pass.






February 9, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.


ENGROSSED

SENATE BILL No. 190



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-23-30.2-3.5; (10)ES0190.1.1. -->     SECTION 1. IC 4-23-30.2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) As used in this chapter, "minority operated nonprofit organization" refers to an organization that is:
        (1) qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
        (2) led or controlled by one (1) or more persons who are members of a minority group.
    (b) A minority operated nonprofit organization may be a faith based organization.

SOURCE: IC 4-23-30.2-11; (10)ES0190.1.2. -->     SECTION 2. IC 4-23-30.2-11, AS ADDED BY P.L.173-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The board has the following duties:
        (1) Oversee the implementation of the recommendations made by the commission on disproportionality in youth services, including the ongoing review and evaluation of recommended programs,

practices, and procedures described in the report as mandated by P.L.234-2007.
        (2) Suggest policy, program, and legislative changes related to services provided to members of a vulnerable population to accomplish the following:
            (A) Enhance the quality of and access to services with positive outcomes for vulnerable populations.
            (B) Reduce disproportionality of young persons of color in youth services by changing or eliminating policies that contribute to poor outcomes for young persons of color.
        (3) Oversee and coordinate the review, evaluation, and development of consistent statewide standards for the use of risk and needs assessment tools that are culturally sensitive and promote objectivity in decision making at service delivery points in systems serving members of a vulnerable population.
        (4) Work collaboratively within and across state and local agencies to create a central data warehouse to serve as a statewide system for standardized, disaggregated, race specific data collection that has rapid accessibility and accountability measures for comparative use across service systems and geographic areas. The data system should include the following:
            (A) Establishing measures to ensure the collection of consistent information to allow comparative racial and age data that are program based and outcome oriented.
            (B) Recommending consistent, standardized reporting measurements.
            (C) Working with agency participants to develop implementation plans that achieve consistency in:
                (i) data collection;
                (ii) program development and evaluation;
                (iii) staff training; and
                (iv) annual reporting.
        (5) Work collaboratively within and across state and local agencies and programs to achieve consistent statewide standards for mandatory, ongoing cultural competency training and professional practice standards for government employees, school personnel, service providers, and professionals in systems serving members of a vulnerable population.
        (6) Work collaboratively within and across state and local agencies and programs to develop and monitor a strategic plan to recruit and retain diverse professionals and staff level employees throughout all service delivery systems. The strategic plan

developed must include provisions to ensure that bilingual training is available.
        (7) Work collaboratively within and across state and local agencies to identify existing and to recommend new early intervention and preventive programming services for members of a vulnerable population. Intervention and preventive programming should be sensitive to race and should include culturally sensitive, evidence based programming or measures involving the following:
            (A) Strength based approaches to engage and promote positive outcomes.
            (B) Community based, wraparound services.
            (C) Educational advocacy and support services.
            (D) School based referrals to mental health care.
            (E) Programming that supports collaborative relationships among community, faith based, private, and public organizations.
            (F) Home based prevention services in the child welfare system.
            (G) Transitional services for foster youth.
            (H) Child and family teams for youth in system care.
            (I) Other early intervention and preventive programming services.
        (8) Work with local officials and the Indiana criminal justice institute to develop local juvenile justice councils and support the development of strategies to reduce disproportionality and disparity at the county level.
        (9) Suggest policy development and fiscal planning efforts to achieve blended or braided funding for services delivered to members of a vulnerable population.
        (10) Monitor and support ongoing implementation of agency efforts to reduce disproportionality and enhance quality of services to members of a vulnerable population.
        (11) Report plans and progress to the governor, the legislative council, and the public at least semiannually. A report to the legislative council under this subdivision must be in an electronic format under IC 5-14-6.
        (12) (11) Coordinate program review and fiscal planning by participant agencies.
        (13) (12) Direct service delivery providers to collect and report disaggregated data based on race and ethnicity by geographic and program areas.


         (13) Review and determine the number of contracts with minority operated nonprofit organizations by state agencies that are represented by board members described in section 9 of this chapter.
        (14) Develop a plan to increase the number of contracts with minority operated nonprofit organizations by:
            (A) consulting with at least three (3) current minority operated nonprofit organizations regarding the implementation of increasing the number of minority operated nonprofit organizations serving vulnerable populations;
            (B) recruiting and cultivating minority operated nonprofit organizations to provide services to vulnerable populations;
            (C) identifying challenges that minority operated nonprofit organizations face in contracting with state agencies; and
            (D) including in the quarterly reports described in section 9(d) of this chapter:
                (i) the number of minority operated nonprofit agencies that the agencies represented by board members described in section 9 of this chapter have contracted with in the previous year;
                (ii) the number of minority operated nonprofit organizations that the entities represented by board members described in section 9 of this chapter recruited and cultivated under clause (B) in the previous year; and
                (iii) a list of minority operated nonprofit organizations that the entities represented by board members described in section 9 of this chapter potentially could recruit and cultivate under clause (B).
    (b) The board shall begin making recommendations regarding the duties described in subsection (a)(13) and (a)(14) by September 30, 2010.

SOURCE: IC 22-9-1-3; (10)ES0190.1.3. -->     SECTION 3. IC 22-9-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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, disability, national origin, or ancestry;
        (2) a system that excludes persons from equal opportunities because of race, religion, color, sex, 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, 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); or
        (5) taking an adverse employment action against an employee because that employee lawfully opposed or attempted to oppose a practice that is unlawful under this chapter.

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) a person other than himself the director or deputy director of the commission; or
             (B) 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, labor organization, or 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.
     (s) "Adverse employment action" means either of the following:
        (1) A significant change in employment status, including:
            (A) hiring;
            (B) failure to promote;
            (C) demotion;
            (D) reassignment with significantly different or reduced responsibilities; or
            (E) discharge.
        (2) A decision that results in a significant reduction or elimination of wages or benefits.

SOURCE: ; (10)ES0190.1.4. -->     SECTION 4. An emergency is declared for this act.