SENATE BILL No. 281
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2-151.5; IC 12-14.
Synopsis: Restrictions on public assistance. 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 public assistance.
Allows an individual to appeal a denial of public assistance. Provides
that a provision that violates federal law is void.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
First Regular Session 115th General Assembly (2007)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 281
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-151.5; (07)IN0281.1.1. -->
SECTION 1. IC 12-7-2-151.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 151.5. "Public assistance", for
purposes of IC 12-14-8.5, has the meaning set forth in
SOURCE: IC 12-14-2.5-1; (07)IN0281.1.2. -->
SECTION 2. IC 12-14-2.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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; (07)IN0281.1.3. -->
SECTION 3. IC 12-14-2.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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
chapter. IC 12-14-2-22.
SOURCE: IC 12-14-8.5; (07)IN0281.1.4. -->
SECTION 4. IC 12-14-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
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:
(1) is a citizen of the United States; or
(2) is 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 the individual seeks public assistance; and
(2) include an explanation of the provisions relating to
penalties for knowingly providing false information in 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. Any provision of this chapter that violates a federal law