Introduced Version






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 Removes a reference to a planning council that has been repealed.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.





Koch




    January 12, 2006, read first time and referred to Committee on Public Safety and Homeland Security.







Introduced

Second Regular Session 114th General Assembly (2006)


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 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 1, 2006]:
     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:
        (1) by;
        (2) on behalf of; or
        (3) representing;
the state shall be issued, conducted, or regulated in the English language.
    Sec. 2. A language other than English may be used when required:
        (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 development;
        (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 Indiana.

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 nonimmigrant visas.
    (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 IC 12-14-8.5-1.
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 for recipients.
        (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 IC 12-14-22-13.
        (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 coverage.
    (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 United States.

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 for:
        (1) AFDC assistance under this article for a period of one (1) year; and
        (2) one (1) year of transitional benefits under section 22 of this chapter.
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 IC 12-20.

     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 form:
        (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 public document.
    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 void.

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 statewide.
     (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 who:
        (1) is not a citizen of the United States; and
        (2) has:
            (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 IC 10-11-2-3.
    (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 IC 10-11-2-6.
    (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.