HB 1003-.006_ Filed 04/18/2011, 10:18 Lanane

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1003 be amended to read as follows:

SOURCE: Page 2, line 13; (11)MO1003125.2. -->     Page 2, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 20-20-38; (11)MO1003125.4. -->     "SECTION 4. IC 20-20-38 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 38. Litigation Fund
    Sec. 1. As used in this chapter, "fund" refers to the litigation fund for constitutional challenges established by section 2 of this chapter.
    Sec. 2. (a) The litigation fund for constitutional challenges is established to provide:
        (1) money for school corporations; and
        (2) dedicated funding for the state;
in defending lawsuits based on constitutional challenges to state education statutes. The department shall administer the fund.
    (b) The fund consists of appropriations from the general assembly, gifts, grants, and bequests.
    Sec. 3. (a) Whenever a school corporation is sued and the suit challenges the constitutionality of a state education statute, the school corporation is entitled to reimbursement from the fund of the school corporation's costs in defending the suit.
    (b) The department shall develop an application process for use by a school corporation seeking reimbursement of costs.
    Sec. 4. (a) Whenever the state is sued and the suit challenges the constitutionality of a state education statute, the attorney general is entitled to reimbursement from the fund of the attorney general's costs in defending the suit.
    (b) The department shall develop a process by which money from the fund is transferred to the attorney general.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1003 as printed April 15, 2011.)

________________________________________

Senator LANANE


MO1003125/DI 71
2011