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