HB 1334-1_ Filed 04/26/2013, 12:40
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1334
Citations Affected: IC 4-13; IC 11-10; IC 22-2.
Synopsis: Teacher liability insurance. Provides that criminal offenders in a facility operated by
the department of correction or operated by a private operator under contract with the department
of correction are exempt from certain provisions concerning the frequency of wage payment and
wage claims. Permits the department of administration to contract for the availability of personal
liability insurance for public and nonpublic school teachers in Indiana. (This conference
committee report: (1) adds provisions that provide that criminal offenders in a facility
operated by the department of correction or operated by a private operator under contract
with the department of correction are exempt from certain provisions concerning the
frequency of wage payment and wage claims; and (2) removes provision that: (A) deletes
a provision in current law that adds back for state income tax purposes the amount of a
federal gross income tax deduction claimed for certain unreimbursed teacher expenses; (B)
provides that if a certificated employee is required to renew the certificated employee's
license in the same year the certificated employee receives a designation as highly effective,
the certificated employee is not subject to the continuing education requirements in order
to renew the certificated employee's teaching license; (C) provides that a governing body
may request the state board to waive any rule adopted by the state board for a school
contained in the school corporation if the school has been placed in the two highest
categories or designations of school performance; and (D) provides that a school's reading
plan must have at least two assessments made throughout the school year by grade 3 to
determine a student's reading level, and place an emphasis on a home and school reading
initiative.)
Effective: Upon passage; July 1, 2013.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1334 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-13-1-17; (13)CC133402.1. -->
SECTION 1. IC 4-13-1-17, AS AMENDED BY P.L.35-2012,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 17. (a) A state agency may not purchase insurance
to cover loss or damage to property.
(b) This section does not prohibit any of the following:
(1) The purchase of title insurance by a state agency.
(2) The purchase of insurance by a body corporate and politic.
(3) The purchase of insurance to meet requirements for receipt of
federal funds by a state agency.
(4) The requiring of contractors to carry insurance.
(5) The purchase of insurance to cover loss or damage to real
property owned by the Indiana public retirement system.
(6) The purchase of insurance to cover loss or destruction of
money or securities under the control of the treasurer of state.
(7) The purchase of insurance by a state agency to cover loss or
damage to exhibits, artifacts, or other materials that are loaned to
the agency.
(8) The purchase of casualty and liability insurance for foster
parents (as defined in IC 27-1-30-4) on a group basis.
(9) The purchase of personal liability insurance under
IC 4-13-20.
SOURCE: IC 4-13-20; (13)CC133402.2. -->
SECTION 2. IC 4-13-20 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Chapter 20. Teacher Liability Insurance
Sec. 1. As used in this chapter, "personal liability" means
liability incurred by a teacher in the performance of the teacher's
duties.
Sec. 2. As used in this chapter, "teacher" means a professional
person whose:
(1) position in a public or nonpublic school requires certain
educational preparation and licensing; and
(2) primary responsibility is the instruction of students who
attend kindergarten through grade 12 in a public or
nonpublic school.
Sec. 3. The Indiana department of administration may contract
with at least one (1) personal liability insurer to allow any teacher
to purchase coverage under a personal liability insurance policy
issued by the insurer.
Sec. 4. Any teacher in Indiana may, at any time, purchase
coverage under a personal liability insurance policy for which the
Indiana department of administration has contracted under section
3 of this chapter.
Sec. 5. A teacher purchasing coverage under this chapter shall
pay the full premium for the teacher's coverage.
SOURCE: IC 11-10-6-12; (13)CC133402.3. -->
SECTION 3. IC 11-10-6-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. An offender employed in accordance
with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.
SOURCE: IC 11-10-7-3; (13)CC133402.4. -->
SECTION 4. IC 11-10-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Any
agreement entered into between the commissioner and a private person
under this chapter must provide that an offender employed by a private
person under this chapter will be paid at least the prevailing wage for
that type of work as established by the department of workforce
development, including applicable wage increases for overtime work.
(b) An offender may be employed under this chapter only on a
voluntary basis and only after the offender has been informed of the
conditions of the offender's employment.
(c) An offender employed under this chapter is not eligible for
unemployment compensation benefits under workforce development
laws.
(d) An offender employed in accordance with this chapter is
subject to IC 22-2-5-3 and IC 22-2-9-8.
SOURCE: IC 22-2-5-3; (13)CC133402.5. -->
SECTION 5. IC 22-2-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.
Farmers and those engaged
in the business of agriculture and horticulture The following shall be
specifically exempt from the provisions of this chapter:
(1) Farmers and those engaged in the business of agriculture
and horticulture.
(2) Criminal offenders in a facility operated by the
department of correction (as established by IC 11-8-2-1) or
operated by a private operator under contract with the
department of correction.
SOURCE: IC 22-2-9-8; (13)CC133402.6. -->
SECTION 6. IC 22-2-9-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. Criminal offenders in a facility operated
by the department of correction (as established by IC 11-8-2-1) or
operated by a private operator under contract with the department
of correction are specifically exempt from this chapter.
SOURCE: ; (13)CC133402.7. -->
SECTION 7.
An emergency is declared for this act.
(Reference is to EHB 1334 as reprinted April 10, 2013.)
Conference Committee Report
on
Engrossed House Bill 1334
S
igned by:
____________________________ ____________________________
Representative Thompson Senator Kruse
Chairperson
____________________________ ____________________________
Representative Behning Senator Taylor
House Conferees Senate Conferees