February 9, 2010
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.
Young R Michael, Buck,
(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.
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
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 190
A BILL FOR AN ACT to amend the Indiana Code concerning labor
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
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
(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
(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
(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
(F) Home based prevention services in the child welfare
(G) Transitional services for foster youth.
(H) Child and family teams for youth in system care.
(I) Other early intervention and preventive programming
(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
(13) (12) Direct service delivery providers to collect and report
disaggregated data based on race and ethnicity by geographic and
(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
(B) recruiting and cultivating minority operated nonprofit
organizations to provide services to vulnerable
(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
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
(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
(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
(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
(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
(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:
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
(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;
(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
(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
(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
(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
(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
(s) "Adverse employment action" means either of the following:
(1) A significant change in employment status, including:
(B) failure to promote;
(D) reassignment with significantly different or reduced
(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.