Bill Text: IN HB1334 | 2013 | Regular Session | Enrolled


Bill Title: Teacher liability insurance.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-05-13 - Public Law 223 [HB1334 Detail]

Download: Indiana-2013-HB1334-Enrolled.html

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.
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HOUSE ENROLLED ACT No. 1334




     AN ACT to amend the Indiana Code concerning state and local administration.

    Be it enacted by the General Assembly of the State of Indiana:

    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.
    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.

    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.
    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.
    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.
    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.
    SECTION 7. An emergency is declared for this act.





Speaker of the House of Representatives



President of the Senate



President Pro Tempore



Governor of the State of Indiana

Date:


                Time:


HEA 1334

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