HB 1253-1_ Filed 01/18/2007, 13:01
Adopted 1/18/2007


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
3

MR. SPEAKER:
    Your Committee on       Veterans Affairs and Public Safety     , to which was referred       House Bill 1253     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 4; (07)AM125304.1. -->     Page 1, between lines 4 and 5, begin a new paragraph and insert:
    " Sec. 1. As used in this chapter, "contractor" means a person who has a public contract for services with a state agency or political subdivision.".
    Page 1, line 5, delete "1." and insert " 2.".
    Page 1, line 15, delete "2." and insert " 3.".
    Page 2, delete lines 4 through 14, begin a new paragraph and insert:
    " Sec. 4. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 5. As used in this chapter, "public contract for services" means any type of agreement, regardless of what the agreement is called, between a state agency or a political subdivision and a contractor for the procurement of services.
    Sec. 6. As used in this chapter, "state agency" has the meaning

set forth in IC 4-6-3-1.
    Sec. 7. (a) A person who hires or employs an individual shall verify the individual's Social Security number using the Social Security Number Verification System in accordance with the rules established by the United States Social Security Administration.
    (b) A person who hires an individual shall not continue to employ the individual after learning that the individual is an illegal alien.
    Sec. 8. (a) The following may bring a civil action against a person who hires or employs an illegal alien:
        (1) An individual who loses the individual's job as a result of the person's hiring or employing of an illegal alien.
        (2) A person who loses a contract to the person who hires or employs an illegal alien.
    (b) It is a defense to an action brought under subsection (a) that the person against whom the action is brought verified the Social Security number of the illegal alien under section 7(a) of this chapter.
    Sec. 9. (a) Except as provided in subsection (b), if a contractor hires or employs an illegal alien, any public contract for services with that contractor is void.
    (b) If a contractor hires or employs an illegal alien but the state or political subdivision (whichever the contractor has a public contract for services with) determines that voiding the public contract for services under subsection (a) would be detrimental to the public interest or public property, the state or political subdivision may allow the public contract for services to remain in effect until the state or political subdivision hires a new contractor.
".
    Page 2, line 15, delete "4." and insert " 10.".
    Page 2, line 15, delete "penalty under section 2(b) of this chapter has been" and insert " person has hired or employed an illegal alien in the previous five (5) years, as determined in a civil action brought under section 8 of this chapter,".
    Page 2, line 16, delete "imposed against a person in the previous five (5) years,".
    Page 2, after line 37, begin a new paragraph and insert:
    " Sec. 11. A provision of this chapter that violates federal law is

void.".
    (Reference is to HB 1253 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Tincher


AM125304/DI 103    2007