January 28, 2011
SENATE BILL No. 411
_____
DIGEST OF SB 411
(Updated January 25, 2011 12:36 pm - DI 106)
Citations Affected: IC 10-14; IC 34-28.
Synopsis: Disclosure of firearm or ammunition information. Provides
that a civil action may be brought against a public or private employer
that has: (1) required an applicant for employment or an employee to
disclose information under certain circumstances about whether the
applicant or employee owns, possesses, uses, or transports a firearm or
ammunition; or (2) conditioned employment, or any rights, benefits,
privileges, or opportunities offered by the employment, upon an
agreement that the applicant for employment or the employee forgo the
otherwise lawful ownership, possession, storage, transportation, or use
of a firearm or ammunition. Provides that a governmental entity may
not restrict the possession of a firearm at a person's residence during a
declared emergency.
Effective: July 1, 2011.
Nugent, Tomes
January 11, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 27, 2011, amended, reported favorably _ Do Pass.
January 28, 2011
First Regular Session 117th General Assembly (2011)
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 2010 Regular Session of the General Assembly.
SENATE BILL No. 411
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-14-3-33.5; (11)SB0411.1.1. -->
SECTION 1. IC 10-14-3-33.5, AS ADDED BY P.L.90-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 33.5. (a) Except as provided in subsection (b), the
state, a political subdivision, or any other person may not prohibit or
restrict the lawful possession, transfer, sale, transportation, storage,
display, or use of firearms or ammunition during:
(1) a disaster emergency;
(2) an energy emergency; or
(3) a local disaster emergency;
declared under this chapter.
(b) Subsection (a) does not authorize the possession, transfer, sale,
transportation, storage, display, or use of firearms or ammunition
during an emergency described in subsection (a):
(1) in or on school property, in or on property that is being used
by a school for a school function, or on a school bus in violation
of IC 20-33-8-16 or IC 35-47-9-2;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home; or
(E) an emergency shelter care group home;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465
IAC 2-11-80, 465 IAC 2-12-78, or 465 IAC 2-13-77;
(3) on the property of a penal facility (as defined in
IC 35-41-1-21);
(4) in violation of federal law;
(5) in or on property belonging to an approved postsecondary
educational institution (as defined in IC 21-7-13-6(b));
(6) on the property of a domestic violence shelter; or
(7) at a person's residence; or
(8) (7) on property owned, operated, controlled, or used by an
entity that:
(A) is required to:
(i) conduct a vulnerability assessment; and
(ii) develop and implement a site security plan;
under the United States Department of Homeland Security's
Chemical Facility Anti-Terrorism Standards issued April 9,
2007; or
(B) is required to have a security plan under the Maritime
Transportation Security Act of 2002, Public Law 107-295.
SOURCE: IC 34-28-8; (11)SB0411.1.2. -->
SECTION 2. IC 34-28-8 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Chapter 8. Disclosure of Firearm or Ammunition Information
as a Condition of Employment
Sec. 1. As used in this chapter, "firearm" has the meaning set
forth in IC 35-47-1-5.
Sec. 2. As used in this chapter, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
Sec. 3. As used in this chapter, "private employer" means:
(1) an individual;
(2) a partnership;
(3) a firm;
(4) an association;
(5) a corporation; or
(6) a nonprofit organization;
that employs or offers to employ one (1) or more individuals in
Indiana.
Sec. 4. As used in this chapter, "public employer" means:
(1) the state; or
(2) a political subdivision;
including, but not limited to, a department, agency, board,
commission, institution, authority, or instrumentality of the state
or a political subdivision.
Sec. 5. As used in this chapter, "public official" means an
elected or appointed official in the executive, legislative, or judicial
branch of the state or a political subdivision, as well as an
individual acting on behalf of a public employer, whether
temporarily or permanently, including but not limited to, members
of boards, committees, commissions, authorities, and other
instrumentalities of the state or a political subdivision.
Sec. 6. A public or private employer doing business in Indiana
may not:
(1) require an applicant for employment or an employee to
disclose information about whether the applicant or employee
owns, possesses, uses, or transports a firearm or ammunition,
unless the disclosure concerns the possession, use, or
transportation of a firearm or ammunition that is used in
fulfilling the duties of the employment of the individual; or
(2) condition employment, or any rights, benefits, privileges,
or opportunities offered by the employment, upon an
agreement that the applicant for employment or the employee
forego the:
(A) rights of the applicant or employee under this chapter;
or
(B) otherwise lawful:
(i) ownership;
(ii) possession;
(iii) storage;
(iv) transportation; or
(v) use;
of a firearm or ammunition.
Sec. 7. (a) An individual aggrieved by what the individual
believes is a violation of section 6 of this chapter may bring a civil
action in a court with jurisdiction against a public or private
employer or a public official that is alleged to have violated section
6 of this chapter.
(b) If a person is found by a court in an action brought under
subsection (a) to have violated section 6 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages;
(B) court costs and attorney's fees; and
(C) in the case of a knowing and willful violation,
exemplary or punitive damages;
to the prevailing plaintiff.
(2) Enjoin further violations of this chapter.
Sec. 8. IC 34-13-3 does not apply whenever:
(1) a public employer or public official is sued for civil
damages; and
(2) the civil action arises out of a violation of section 6 of this
chapter.
Sec. 9. Notwithstanding section 6 of this chapter, this chapter
does not prohibit a public or private employer from:
(1) regulating or prohibiting the possession or carrying of a
firearm by an employee during and in the course of the duties
of the employee on behalf of the employer or while on the
property of the employer; or
(2) enforcing a regulation or prohibition adopted under
subdivision (1).
However, a regulation or prohibition adopted under subdivision (1)
may not apply to a firearm stored or transported in accordance
with IC 34-28-7.