HOUSE BILL No. 1348
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-1-12; IC 4-13-2-14.9; IC 12-7-2-151.5;
IC 12-8-1-13; IC 12-14; IC 22-4.1-2-3; IC 22-5-1.5.
Synopsis: Language requirement and illegal aliens. Requires official
documents, transactions, proceedings, meetings, or publications issued,
conducted, or regulated by, on behalf of, or representing the state to be
issued, conducted, or regulated in the English language. Provides for
certain exceptions. Requires that workforce development activities and
welfare-to-work programs include outreach to immigrants who are
legally present in the United States. Specifies that a state contract for
the performance of services must contain a provision that specifies that
only citizens of the United States and permanent legal resident aliens
in the United States may be employed in performance of services under
the contract or a subcontract awarded under the contract. Requires an
individual who is at least 19 years of age and applying for certain
public assistance to provide identification or, if the individual is unable
to provide identification, an affidavit under oath that verifies the
individual is a citizen of the United States or legally present in the
United States before the individual may receive the public assistance.
Allows an individual who is denied public benefits to appeal. Makes it
a Class C misdemeanor for a person to knowingly or intentionally hire
or employ an illegal alien. Requires the superintendent of the state
police to negotiate with the United States Department of Justice to
create a pilot project authorizing state police employees to perform
certain immigration enforcement functions. Removes a reference to a
planning council that has been repealed.
Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Public Safety and
Second Regular Session 114th General Assembly (2006)
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between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1348
A BILL FOR AN ACT to amend the Indiana Code concerning state
administration, human services, and labor.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-1-12; (06)IN1348.1.1. -->
SECTION 1. IC 4-1-12 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 12. English Language Requirement
Sec. 1. Except as provided in section 2 of this chapter, an official
document, transaction, proceeding, meeting, or publication issued,
conducted, or regulated:
(2) on behalf of; or
the state shall be issued, conducted, or regulated in the English
Sec. 2. A language other than English may be used when
(1) by the Constitution of the United States, federal law, or the
Constitution of the State of Indiana;
(2) by law enforcement or public health and safety needs;
(3) in judicial proceedings to ensure that justice is served;
(4) to promote and encourage tourism and economic
(5) to teach:
(A) another language to students proficient in English; or
(B) English to students of limited English proficiency; and
(6) by libraries:
(A) to collect and promote foreign language materials; and
(B) to provide foreign language services and activities.
Sec. 3. This chapter may not be construed to affect the ability of
a person to exercise the person's rights under:
(1) the First Amendment to the United States Constitution; or
(2) Article 1, Section 9 of the Constitution of the State of
SOURCE: IC 4-13-2-14.9; (06)IN1348.1.2. -->
SECTION 2. IC 4-13-2-14.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 14.9. (a) The people of the state of Indiana find and
declare that state funds should be used to employ people
permanently residing in the United States and to prevent the loss
of jobs to foreign countries and temporary foreign workers with
(b) A state contract for the performance of services must
contain a provision that specifies that only citizens of the United
States and permanent legal resident aliens in the United States may
be employed in performance of services under:
(1) the contract; or
(2) a subcontract awarded under the contract.
SOURCE: IC 12-7-2-151.5; (06)IN1348.1.3. -->
SECTION 3. IC 12-7-2-151.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 151.5. "Public assistance", for
purposes of IC 12-14-8.5, has the meaning set forth in
SOURCE: IC 12-8-1-13; (06)IN1348.1.4. -->
SECTION 4. IC 12-8-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) Subject to the
appropriation limits established by the state's biennial budget for the
office of the secretary and its divisions, and after assistance, including
assistance under AFDC (IC 12-14), medical assistance (IC 12-15), and
food stamps (7 U.S.C. 2016(i)), is distributed to persons eligible to
receive assistance, the secretary may adopt rules under IC 4-22-2 to
offer programs on a pilot or statewide basis to encourage recipients of
assistance under IC 12-14 to become self-sufficient and discontinue
dependence on public assistance programs. Programs offered under this
subsection may do the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will enable
recipients to work by providing child care for other recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service opportunities
(5) Provide plans to implement the personal responsibility
agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance
requirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities under
(8) (7) Provide that a recipient may earn up to the federal income
poverty level (as defined in IC 12-15-2-1) before assistance under
this title is reduced or eliminated.
(9) (8) Provide for child care assistance, with the recipient paying
fifty percent (50%) of the local market rate as established under
45 CFR 256 for child care.
(10) (9) Provide for medical care assistance under IC 12-15, if the
recipient's employer does not offer the recipient health care
(b) If the secretary offers a program described in subsection (a), the
secretary shall annually report the results and other relevant data
regarding the program to the legislative council in an electronic format
under IC 5-14-6.
(c) Welfare-to work programs developed under subsection (a)(1)
must include outreach to immigrants who are legally present in the
SOURCE: IC 12-14-2.5-1; (06)IN1348.1.5. -->
SECTION 5. IC 12-14-2.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. Except as provided
in IC 12-14-8.5, a person who is classified as a refugee (as defined in
8 U.S.C. 1101) is eligible for all services under this article as if the
person were classified as a citizen of the United States.
SOURCE: IC 12-14-2.5-2; (06)IN1348.1.6. -->
SECTION 6. IC 12-14-2.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. Except as provided
in IC 12-14-8.5, a person who is a lawful permanent resident is eligible
(1) AFDC assistance under this article for a period of one (1)
(2) one (1) year of transitional benefits under section 22 of this
SOURCE: IC 12-14-8.5; (06)IN1348.1.7. -->
SECTION 7. IC 12-14-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 8.5. Restrictions on Public Assistance to Illegal Aliens
Sec. 1. As used in this chapter, "public assistance" means
benefits, assistance, or coverage provided by any of the following:
(1) Office of the secretary of family and social services.
(2) Department of child services.
(3) State department of health.
(4) A township trustee providing township assistance under
Sec. 2. (a) In addition to any other requirements, an individual
who is at least nineteen (19) years of age and applies for public
assistance shall provide:
(1) a driver's license;
(2) a passport;
(3) a Social Security number verified by the federal Social
Security Administration; or
(4) another form of identification approved for verification by
a person listed in section 1 of this chapter;
to show the individual is a citizen of the United States or legally
present in the United States.
(b) An individual who is unable to provide proof under
subsection (a) shall provide an affidavit under oath and in the form
established under subsection (c) attesting that the individual is:
(1) a citizen of the United States; or
(2) legally present in the United States;
in order to receive public assistance.
(c) The affidavit required under subsection (b) must be in a
(1) established by the entity listed in section 1 of this chapter
from which an individual seeks public assistance; and
(2) include an explanation of the provisions relating to
penalties for knowingly providing false information on a
Sec. 3. A person listed in section 1 of this chapter may not
provide public assistance to an individual who does not provide the
verification required under section 2 of this chapter.
Sec. 4. An individual who is denied public assistance under this
chapter may appeal to the person listed in section 1 of this chapter
that has denied the public assistance.
Sec. 5. Each person listed in section 1 of this chapter may adopt
rules under IC 4-22-2 to implement this chapter.
Sec. 6. A provision of this chapter that violates a federal law is
SOURCE: IC 22-4.1-2-3; (06)IN1348.1.8. -->
SECTION 8. IC 22-4.1-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The entities listed
in section 2 of this chapter shall cooperate to facilitate the coordination,
consolidation, and promotion of workforce development activities
(b) The workforce development activities must include outreach
to immigrants who are legally present in the United States.
SOURCE: IC 22-5-1.5; (06)IN1348.1.9. -->
SECTION 9. IC 22-5-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 1.5. Employment of Illegal Aliens
Sec. 1. As used in this chapter, "illegal alien" means a person
(1) is not a citizen of the United States; and
(A) entered the United States in violation of federal law;
(B) legally entered the United States but does not have the
right to be employed in the United States; or
(C) legally entered the United States subject to a time limit
but has remained illegally in the United States after
expiration of the time limit.
Sec. 2. A person who knowingly or intentionally hires or
employs an illegal alien commits a Class C misdemeanor.
SOURCE: ; (06)IN1348.1.10. -->
SECTION 10. [EFFECTIVE JULY 1, 2006] (a) As used in this
SECTION, "police employee" has the meaning set forth in
(b) As used in this SECTION, "state police" refers to the state
police department established by IC 10-11-2-4.
(c) As used in this SECTION, "superintendent" refers to the
superintendent of the state police department appointed under
(d) Before November 1, 2006, the superintendent shall seek to
enter into a memorandum of understanding with the United States
Department of Justice to create a pilot project that authorizes
police employees of the state police to perform certain immigration
enforcement functions as described in 8 U.S.C. 1357(g).
(e) Before December 1, 2006, the superintendent shall report the
progress of entering into a memorandum of understanding as
described in subsection (d) to the executive director of the
legislative services agency in an electronic format under IC 5-14-6.
(f) This SECTION expires July 1, 2007.
SOURCE: ; (06)IN1348.1.11. -->
SECTION 11. [EFFECTIVE JULY 1, 2006] IC 4-13-2-14.9, as
added by this act, applies only to contracts entered into or renewed
after June 30, 2006.