Introduced Version
HOUSE BILL No. 1225
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-2-18.1; IC 5-2-18; IC 6-1.1-10;
IC 6-2.5-5; IC 6-3-2-2.8; IC 10-11-2-21.5; IC 12-7-2; IC 12-31;
IC 22-5-1.5; IC 23-17-31; IC 28-1-2-40; IC 34-54-12; IC 35-44-5;
IC 36-2-13-7.5.
Synopsis: Illegal alien matters. Prohibits a state agency or political
subdivision from providing federal, state, or local public benefits to a
person who is not a: (1) United States citizen; or (2) qualified alien
under the federal Immigration and Nationality Act and lawfully present
in the United States. Requires a state agency or a political subdivision
to verify the lawful presence in the United States of each individual
who: (1) is at least 18 years of age; and (2) applies for federal, state, or
local public benefits administered by the agency or political
subdivision. Provides that: (1) a state agency or political subdivision
may provide variations of the verification of lawful presence
requirements; and (2) a person who makes a false, fictitious, or
fraudulent statement of representation in an affidavit verifying lawful
presence commits a Class D felony. Prohibits a person to knowingly
employ an unauthorized alien. Requires the attorney general to: (1)
investigate a complaint that an employer knowingly employed an
unauthorized alien; (2) verify the work authorization of the alleged
unauthorized alien with the federal government; (3) notify United
States Immigration and Customs Enforcement, local law enforcement
agencies, and the appropriate prosecuting attorney; and (4) maintain
certain records of violation orders. Requires prosecuting attorneys to
file actions against employers for knowingly employing unauthorized
aliens after December 31, 2008. Requires a court to: (1) hold a hearing
(Continued next page)
Koch
January 14, 2008, read first time and referred to Committee on Interstate and International
Cooperation.
Digest Continued
and make a determination of the action on an expedited basis; (2) if a
person knowingly employs an unauthorized alien, order the employer
to terminate the employment of unauthorized aliens, order the employer
to file a signed affidavit, and place the employer on probation for three
years; (3) order agencies to suspend all licenses held by the employer
for the operation of the business location if the employer fails to file a
sworn affidavit; (4) for a second violation during the probationary
period, order agencies to revoke all licenses held by the employer for
the operation of the business location; and (5) send copies of orders to
the attorney general. Provides that a court may: (1) suspend an
employer's licenses if an employer knowingly employs an unauthorized
alien; and (2) consider only the federal government's verification or
status information in determining whether an individual is an
unauthorized alien. Establishes: (1) a rebuttable presumption that an
employer did not knowingly employ an unauthorized alien if the
employer verified the employment authorization of an individual
through the federal pilot program; and (2) an affirmative defense if the
employer complied in good faith with the federal employment
verification requirements. Makes it a Class C misdemeanor to
knowingly file a false or frivolous allegation with the attorney general.
Makes it a: (1) Class A misdemeanor to transport or move (and a Class
D felony for a subsequent offense); and (2) Class A misdemeanor to
conceal, harbor, or shelter from detection (and a Class D felony for a
subsequent offense); an alien knowing or in reckless disregard of the
fact that the alien has come to, entered, or remained in the United
States in violation of law. Prohibits a political subdivision from: (1)
enacting an ordinance, resolution, rule, or policy that prohibits or limits
another political subdivision or governmental body from sending,
receiving, maintaining, or exchanging information on the citizenship
or immigration status of an individual; and (2) providing certain
assistance to a person who is not lawfully present in the United States.
Requires the budget agency to withhold allotments of state and federal
funds for highways, roads, and streets of political subdivisions in
violation of these prohibitions. Requires a sheriff to make a reasonable
effort to determine the citizenship or immigration status of certain
persons. Prohibits a state financial institution from providing financial
services to an individual who is present in the United States but not
lawfully present in the United States. Makes it a Class D infraction for
a nonprofit corporation to provide assistance to an individual who is
not lawfully in the United States. Provides that a nonprofit corporation
that has a judgment loses the corporation's exemption status under
income, sales, and property taxes for one year. Requires the
superintendent of the state police department to: (1) negotiate terms of
a memorandum of understanding concerning a pilot project for the
enforcement of federal immigration and customs laws; (2) designate
appropriate local law enforcement officers to be trained under the
memorandum of understanding; and (3) file a report on the progress of
entering into the memorandum of understanding.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1225
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-13-2-18.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 18.1. The budget agency shall, to the extent permitted
by federal law, withhold allotments of state and federal funds for
highways, roads, and streets from a political subdivision that
violates IC 5-2-18 until the political subdivision is no longer in
violation of IC 5-2-18.
SOURCE: IC 5-2-18; (08)IN1225.1.2. -->
SECTION 2. IC 5-2-18 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Chapter 18. Citizenship and Immigration Status Information
Sec. 1. As used in this chapter, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
Sec. 2. A political subdivision may not enact an ordinance, a
resolution, a rule, or a policy that prohibits or limits another
political subdivision or a governmental body (as defined in
IC 5-22-2-13), including a law enforcement officer (as defined in
IC 5-2-1-2), a state or local official, or a state or local government
employee, from the following with regard to information of the
citizenship or immigration status of an individual:
(1) Communicating or cooperating with federal officials.
(2) Sending to or receiving information from the United States
Department of Homeland Security.
(3) Maintaining information.
(4) Exchanging information with another federal, state, or
local government entity.
Sec. 3. A political subdivision may not knowingly assist a person
who is not lawfully present in the United States in obtaining
employment, housing, higher education, or other types of financial
assistance.
SOURCE: IC 6-1.1-10-16; (08)IN1225.1.3. -->
SECTION 3. IC 6-1.1-10-16, AS AMENDED BY P.L.196-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16. (a)
Except as provided in section 44 of this
chapter, all or part of a building is exempt from property taxation if it
is owned, occupied, and used by a person for educational, literary,
scientific, religious, or charitable purposes.
(b)
Except as provided in section 44 of this chapter, a building is
exempt from property taxation if it is owned, occupied, and used by a
town, city, township, or county for educational, literary, scientific,
fraternal, or charitable purposes.
(c)
Except as provided in section 44 of this chapter, a tract of
land, including the campus and athletic grounds of an educational
institution, is exempt from property taxation if:
(1) a building that is exempt under subsection (a) or (b) is situated
on it;
(2) a parking lot or structure that serves a building referred to in
subdivision (1) is situated on it; or
(3) the tract:
(A) is owned by a nonprofit entity established for the purpose
of retaining and preserving land and water for their natural
characteristics;
(B) does not exceed five hundred (500) acres; and
(C) is not used by the nonprofit entity to make a profit.
(d)
Except as provided in section 44 of this chapter, a tract of
land is exempt from property taxation if:
(1) it is purchased for the purpose of erecting a building that is to
be owned, occupied, and used in such a manner that the building
will be exempt under subsection (a) or (b); and
(2) not more than four (4) years after the property is purchased,
and for each year after the four (4) year period, the owner
demonstrates substantial progress and active pursuit towards the
erection of the intended building and use of the tract for the
exempt purpose. To establish substantial progress and active
pursuit under this subdivision, the owner must prove the existence
of factors such as the following:
(A) Organization of and activity by a building committee or
other oversight group.
(B) Completion and filing of building plans with the
appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient
amount to lead a reasonable individual to believe the actual
construction can and will begin within four (4) years.
(D) The breaking of ground and the beginning of actual
construction.
(E) Any other factor that would lead a reasonable individual to
believe that construction of the building is an active plan and
that the building is capable of being completed within eight (8)
years considering the circumstances of the owner.
If the owner of the property sells, leases, or otherwise transfers a tract
of land that is exempt under this subsection, the owner is liable for the
property taxes that were not imposed upon the tract of land during the
period beginning January 1 of the fourth year following the purchase
of the property and ending on December 31 of the year of the sale,
lease, or transfer. The county auditor of the county in which the tract
of land is located may establish an installment plan for the repayment
of taxes due under this subsection. The plan established by the county
auditor may allow the repayment of the taxes over a period of years
equal to the number of years for which property taxes must be repaid
under this subsection.
(e) Except as provided in section 44 of this chapter, personal
property is exempt from property taxation if it is owned and used in
such a manner that it would be exempt under subsection (a) or (b) if it
were a building.
(f) Except as provided in section 44 of this chapter, a hospital's
property that is exempt from property taxation under subsection (a),
(b), or (e) shall remain exempt from property taxation even if the
property is used in part to furnish goods or services to another hospital
whose property qualifies for exemption under this section.
(g) Except as provided in section 44 of this chapter, property
owned by a shared hospital services organization that is exempt from
federal income taxation under Section 501(c)(3) or 501(e) of the
Internal Revenue Code is exempt from property taxation if it is owned,
occupied, and used exclusively to furnish goods or services to a
hospital whose property is exempt from property taxation under
subsection (a), (b), or (e).
(h) This section does not exempt from property tax an office or a
practice of a physician or group of physicians that is owned by a
hospital licensed under IC 16-21-1 or other property that is not
substantially related to or supportive of the inpatient facility of the
hospital unless the office, practice, or other property:
(1) provides or supports the provision of charity care (as defined
in IC 16-18-2-52.5), including providing funds or other financial
support for health care services for individuals who are indigent
(as defined in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as
defined in IC 16-21-9-1), including research, education, or
government sponsored indigent health care (as defined in
IC 16-21-9-2).
However, participation in the Medicaid or Medicare program alone
does not entitle an office, practice, or other property described in this
subsection to an exemption under this section.
(i) Except as provided in section 44 of this chapter, a tract of land
or a tract of land plus all or part of a structure on the land is exempt
from property taxation if:
(1) the tract is acquired for the purpose of erecting, renovating, or
improving a single family residential structure that is to be given
away or sold:
(A) in a charitable manner;
(B) by a nonprofit organization; and
(C) to low income individuals who will:
(i) use the land as a family residence; and
(ii) not have an exemption for the land under this section;
(2) the tract does not exceed three (3) acres;
(3) the tract of land or the tract of land plus all or part of a
structure on the land is not used for profit while exempt under this
section; and
(4) not more than four (4) years after the property is acquired for
the purpose described in subdivision (1), and for each year after
the four (4) year period, the owner demonstrates substantial
progress and active pursuit towards the erection, renovation, or
improvement of the intended structure. To establish substantial
progress and active pursuit under this subdivision, the owner must
prove the existence of factors such as the following:
(A) Organization of and activity by a building committee or
other oversight group.
(B) Completion and filing of building plans with the
appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient
amount to lead a reasonable individual to believe the actual
construction can and will begin within five (5) years of the
initial exemption received under this subsection.
(D) The breaking of ground and the beginning of actual
construction.
(E) Any other factor that would lead a reasonable individual to
believe that construction of the structure is an active plan and
that the structure is capable of being:
(i) completed; and
(ii) transferred to a low income individual who does not
receive an exemption under this section;
within eight (8) years considering the circumstances of the
owner.
(j) An exemption under subsection (i) terminates when the property
is conveyed by the nonprofit organization to another owner. When the
property is conveyed to another owner, the nonprofit organization
receiving the exemption must file a certified statement with the auditor
of the county, notifying the auditor of the change not later than sixty
(60) days after the date of the conveyance. The county auditor shall
immediately forward a copy of the certified statement to the county
assessor. A nonprofit organization that fails to file the statement
required by this subsection is liable for the amount of property taxes
due on the property conveyed if it were not for the exemption allowed
under this chapter.
(k) If property is granted an exemption in any year under subsection
(i) and the owner:
(1) ceases to be eligible for the exemption under subsection (i)(4);
(2) fails to transfer the tangible property within eight (8) years
after the assessment date for which the exemption is initially
granted; or
(3) transfers the tangible property to a person who:
(A) is not a low income individual; or
(B) does not use the transferred property as a residence for at
least one (1) year after the property is transferred;
the person receiving the exemption shall notify the county recorder and
the county auditor of the county in which the property is located not
later than sixty (60) days after the event described in subdivision (1),
(2), or (3) occurs. The county auditor shall immediately inform the
county assessor of a notification received under this subsection.
(l) If subsection (k)(1), (k)(2), or (k)(3) applies, the owner shall pay,
not later than the date that the next installment of property taxes is due,
an amount equal to the sum of the following:
(1) The total property taxes that, if it were not for the exemption
under subsection (i), would have been levied on the property in
each year in which an exemption was allowed.
(2) Interest on the property taxes at the rate of ten percent (10%)
per year.
(m) The liability imposed by subsection (l) is a lien upon the
property receiving the exemption under subsection (i). An amount
collected under subsection (l) shall be collected as an excess levy. If
the amount is not paid, it shall be collected in the same manner that
delinquent taxes on real property are collected.
(n) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
SOURCE: IC 6-1.1-10-16.7; (08)IN1225.1.4. -->
SECTION 4. IC 6-1.1-10-16.7, AS AMENDED BY P.L.181-2006,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16.7. (a) Except as provided in section 44 of this
chapter, all or part of real property is exempt from property taxation
if:
(1) the improvements on the real property were constructed,
rehabilitated, or acquired for the purpose of providing housing to
income eligible persons under the federal low income housing tax
credit program under 26 U.S.C. 42;
(2) the real property is subject to an extended use agreement
under 26 U.S.C. 42 as administered by the Indiana housing and
community development authority; and
(3) the owner of the property has entered into an agreement to
make payments in lieu of taxes under IC 36-1-8-14.2,
IC 36-2-6-22, or IC 36-3-2-11.
SOURCE: IC 6-1.1-10-18; (08)IN1225.1.5. -->
SECTION 5. IC 6-1.1-10-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18. (a)
Except as
provided in section 44 of this chapter, tangible property is exempt
from property taxation if it is owned by an Indiana not-for-profit
corporation which is organized and operated for the primary purpose
of coordinating, promoting, encouraging, housing, or providing
financial support to activities in the field of fine arts.
(b) For purposes of this section, the field of fine arts includes, but
is not limited to, the following art forms:
(1) classical, semi-classical, or modern instrumental and vocal
music;
(2) classical dance, including ballet, modern adaptations of formal
dance, and ethnic dance;
(3) painting, drawing, and the graphic arts;
(4) sculpture;
(5) architecture;
(6) drama and musical theater.
SOURCE: IC 6-1.1-10-18.5; (08)IN1225.1.6. -->
SECTION 6. IC 6-1.1-10-18.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18.5. (a) This section
does not exempt from property tax an office or a practice of a physician
or group of physicians that is owned by a hospital licensed under
IC 16-21-1 or other property that is not substantially related to or
supportive of the inpatient facility of the hospital unless the office,
practice, or other property:
(1) provides or supports the provision of charity care (as defined
in IC 16-18-2-52.5), including funds or other financial support for
health care services for individuals who are indigent (as defined
in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as
defined in IC 16-21-9-1), including research, education, or
government sponsored indigent health care (as defined in
IC 16-21-9-2).
However, participation in the Medicaid or Medicare program, alone,
does not entitle an office, a practice, or other property described in this
subsection to an exemption under this section.
(b) Except as provided in section 44 of this chapter, tangible
property is exempt from property taxation if it is:
(1) owned by an Indiana nonprofit corporation; and
(2) used by that corporation in the operation of a hospital licensed
under IC 16-21, a health facility licensed under IC 16-28, or in the
operation of a residential facility for the aged and licensed under
IC 16-28, or in the operation of a Christian Science home or
sanatorium.
(c) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
SOURCE: IC 6-1.1-10-20; (08)IN1225.1.7. -->
SECTION 7. IC 6-1.1-10-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 20.
Except as
provided in section 44 of this chapter, tangible property is exempt
from property taxation if it is:
(1) owned by a manual labor school, a technical high school, a
trade school, or a college which is incorporated within this state;
and
(2) used, and in the case of real property actually occupied, for the
purpose for which the institution is incorporated.
However, the institution's real property which is exempt from
taxation under this section may not exceed eight hundred (800) acres
in any one (1) county of this state.
SOURCE: IC 6-1.1-10-21; (08)IN1225.1.8. -->
SECTION 8. IC 6-1.1-10-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 21. (a) Except as
provided in section 44 of this chapter, the following tangible property
is exempt from property taxation if it is owned by, or held in trust for
the use of, a church or religious society:
(1) A building that is used for religious worship.
(2) The pews and furniture contained within a building that is
used for religious worship.
(3) The tract of land upon which a building that is used for
religious worship is situated.
(b) Except as provided in section 44 of this chapter, the following
tangible property is exempt from property taxation if it is owned by, or
held in trust for the use of, a church or religious society:
(1) A building that is used as a parsonage.
(2) The tract of land, not exceeding fifteen (15) acres, upon which
a building that is used as a parsonage is situated.
(c) To obtain an exemption for parsonages, a church or religious
society must provide the county assessor with an affidavit at the time
the church or religious society applies for the exemptions. The affidavit
must state that:
(1) all parsonages are being used to house one (1) of the church's
or religious society's rabbis, priests, preachers, ministers, or
pastors; and
(2) none of the parsonages are being used to make a profit.
The affidavit shall be signed under oath by the church's or religious
society's head rabbi, priest, preacher, minister, or pastor.
(d) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
SOURCE: IC 6-1.1-10-22; (08)IN1225.1.9. -->
SECTION 9. IC 6-1.1-10-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 22.
Except as
provided in section 44 of this chapter, a tract of land, not exceeding
one (1) acre, and the improvements situated on the land are exempt
from property taxation if they are:
(1) owned by a church; and
(2) exclusively used by the church as a dormitory for the students of
a college or university which is located within this state.
SOURCE: IC 6-1.1-10-23; (08)IN1225.1.10. -->
SECTION 10. IC 6-1.1-10-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 23. (a) Subject to the
limitations contained in subsection (b) of this section and except as
provided in section 44 of this chapter, tangible property is exempt
from property taxation if it is owned by a fraternal beneficiary
association which is incorporated, organized, or licensed under the
laws of this state.
(b) This exemption does not apply to real property unless it is
actually occupied and exclusively used by the association in carrying
out the purpose for which it was incorporated, organized, or licensed.
SOURCE: IC 6-1.1-10-24; (08)IN1225.1.11. -->
SECTION 11. IC 6-1.1-10-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 24. (a) Subject to the
limitations contained in subsection (b) of this section and except as
provided in section 44 of this chapter, the following tangible property
is exempt from property taxation if it is owned by a fraternity or
sorority:
(1) a tract of land not exceeding one (1) acre;
(2) the improvements situated on the tract of land; and
(3) all personal property.
(b) This exemption does not apply unless:
(1) the fraternity or sorority is connected with, and under the
supervision of, a college, university, or other educational
institution; and
(2) the property is used exclusively by the fraternity or sorority to
carry out its purpose.
SOURCE: IC 6-1.1-10-25; (08)IN1225.1.12. -->
SECTION 12. IC 6-1.1-10-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 25. (a) Subject to the
limitations contained in subsection (b) of this section and except as
provided in section 44 of this chapter, tangible property is exempt
from property taxation if it is owned by any of the following
organizations:
(1) The Young Men's Christian Association.
(2) The Salvation Army, Inc.
(3) The Knights of Columbus.
(4) The Young Men's Hebrew Association.
(5) The Young Women's Christian Association.
(6) A chapter or post of Disabled American Veterans of World
War I or II.
(7) A chapter or post of the Veterans of Foreign Wars.
(8) A post of the American Legion.
(9) A post of the American War Veterans.
(10) A camp of United States Spanish War Veterans.
(11) The Boy Scouts of America, one (1) or more of its
incorporated local councils, or a bank or trust company in trust for
the benefit of one (1) or more of its local councils.
(12) The Girl Scouts of the U.S.A., one or more of its
incorporated local councils, or a bank or trust company in trust for
the benefit of one (1) or more of its local councils.
(b) This exemption does not apply unless the property is exclusively
used, and in the case of real property actually occupied, for the
purposes and objectives of the organization.
SOURCE: IC 6-1.1-10-28; (08)IN1225.1.13. -->
SECTION 13. IC 6-1.1-10-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 28. Except as
provided in section 44 of this chapter, a building and the land on
which the building is located are exempt from property taxation if:
(1) the building is used for the purpose of gratuitously dispensing
medicines and medical advice and aid to people; and
(2) the real property is owned by a corporation, institution, or
association which exists exclusively for that charitable purpose.
SOURCE: IC 6-1.1-10-32; (08)IN1225.1.14. -->
SECTION 14. IC 6-1.1-10-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 32. Except as
provided in section 44 of this chapter, tangible property is exempt
from property taxation if it:
(1) is under the control of an executor;
(2) is to pass, under the terms of a will, to a municipal corporation
or to a literary, scientific, benevolent, religious, or charitable
institution; and
(3) would be exempt from property taxation if it had already been
distributed to the devisee or legatee.
SOURCE: IC 6-1.1-10-33; (08)IN1225.1.15. -->
SECTION 15. IC 6-1.1-10-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 33. (a) Except as
provided in section 44 of this chapter, tangible property which is
under the control of an executor or a trustee is exempt from property
taxation if it is to be used and applied:
(1) within this state for a municipal, educational, literary, scientific,
religious, or charitable purpose; or
(2) for the benefit of this state or a state institution.
(b) Subsection (a) does not apply unless the executor or trustee
diligently and in good faith carries out the provisions of the will or trust
agreement by using and applying the property for the intended purpose.
SOURCE: IC 6-1.1-10-44; (08)IN1225.1.16. -->
SECTION 16. IC 6-1.1-10-44 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 44. (a) A nonprofit corporation
that has a judgment entered against the nonprofit corporation
under IC 23-17-31-1 for providing assistance to an individual who
is not lawfully in the United States shall be suspended during the
period described in subsection (b) from exemption from tax and
from applying for recognition of exemption from tax under the
following:
(1) IC 6-1.1-10-16.
(2) IC 6-1.1-10-16.7.
(3) IC 6-1.1-10-18.
(4) IC 6-1.1-10-18.5.
(5) IC 6-1.1-10-20.
(6) IC 6-1.1-10-21.
(7) IC 6-1.1-10-22.
(8) IC 6-1.1-10-23.
(9) IC 6-1.1-10-24.
(10) IC 6-1.1-10-25.
(11) IC 6-1.1-10-28.
(12) IC 6-1.1-10-32.
(13) IC 6-1.1-10-33.
(b) A nonprofit corporation described under subsection (a) shall
be suspended from exemption from tax and from applying for
recognition of exemption from tax as provided under subsection (a)
for one (1) year immediately following the date that the court
enters a judgment against the nonprofit corporation for a violation
under IC 23-17-31-1.
SOURCE: IC 6-2.5-5-21; (08)IN1225.1.17. -->
SECTION 17. IC 6-2.5-5-21, AS AMENDED BY P.L.2-2007,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 21. (a) For purposes of this section,
"private benefit or gain" does not include reasonable compensation
paid to an employee for work or services actually performed.
(b)
Except as provided in section 43 of this chapter, sales of food
and food ingredients are exempt from the state gross retail tax if:
(1) the seller meets the filing requirements under subsection (d)
and is any of the following:
(A) A fraternity, a sorority, or a student cooperative housing
organization that is connected with and under the supervision
of a postsecondary educational institution if no part of its
income is used for the private benefit or gain of any member,
trustee, shareholder, employee, or associate.
(B) Any:
(i) institution;
(ii) trust;
(iii) group;
(iv) united fund;
(v) affiliated agency of a united fund;
(vi) nonprofit corporation;
(vii) cemetery association; or
(viii) organization;
that is organized and operated exclusively for religious,
charitable, scientific, literary, educational, or civic purposes if
no part of its income is used for the private benefit or gain of
any member, trustee, shareholder, employee, or associate.
(C) A group, an organization, or a nonprofit corporation that
is organized and operated for fraternal or social purposes, or
as a business league or association, and not for the private
benefit or gain of any member, trustee, shareholder, employee,
or associate.
(D) A:
(i) hospital licensed by the state department of health;
(ii) shared hospital services organization exempt from
federal income taxation by Section 501(c)(3) or 501(e) of
the Internal Revenue Code;
(iii) labor union;
(iv) church;
(v) monastery;
(vi) convent;
(vii) school that is a part of the Indiana public school
system;
(viii) parochial school regularly maintained by a recognized
religious denomination; or
(ix) trust created for the purpose of paying pensions to
members of a particular profession or business who created
the trust for the purpose of paying pensions to each other;
if the taxpayer is not organized or operated for private profit or
gain;
(2) the purchaser is a person confined to his home because of age,
sickness, or infirmity;
(3) the seller delivers the food and food ingredients to the
purchaser; and
(4) the delivery is prescribed as medically necessary by a
physician licensed to practice medicine in Indiana.
(c)
Except as provided in section 43 of this chapter, sales of food
and food ingredients are exempt from the state gross retail tax if the
seller is an organization described in subsection (b)(1), and the
purchaser is a patient in a hospital operated by the seller.
(d) To obtain the exemption provided by this section, a taxpayer
must file an application for exemption with the department:
(1) before January 1, 2003, under IC 6-2.1-3-19 (repealed); or
(2) not later than one hundred twenty (120) days after the
taxpayer's formation.
In addition, the taxpayer must file an annual report with the department
on or before the fifteenth day of the fifth month following the close of
each taxable year. If a taxpayer fails to file the report, the department
shall notify the taxpayer of the failure. If within sixty (60) days after
receiving such notice the taxpayer does not provide the report, the
taxpayer's exemption shall be canceled. However, the department may
reinstate the taxpayer's exemption if the taxpayer shows by petition that
the failure was due to excusable neglect.
SOURCE: IC 6-2.5-5-25; (08)IN1225.1.18. -->
SECTION 18. IC 6-2.5-5-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 25. (a) Except as
provided in section 43 of this chapter, transactions involving tangible
personal property or service are exempt from the state gross retail tax,
if the person acquiring the property or service:
(1) is an organization described in section 21(b)(1) of this
chapter;
(2) primarily uses the property or service to carry on or to raise
money to carry on its not-for-profit purpose; and
(3) is not an organization operated predominantly for social
purposes.
(b) Except as provided in section 43 of this chapter, transactions
occurring after December 31, 1976, and involving tangible personal
property or service are exempt from the state gross retail tax, if the
person acquiring the property or service:
(1) is a fraternity, sorority, or student cooperative housing
organization described in section 21(b)(1)(A) of this chapter; and
(2) uses the property or service to carry on its ordinary and usual
activities and operations as a fraternity, sorority, or student
cooperative housing organization.
SOURCE: IC 6-2.5-5-26; (08)IN1225.1.19. -->
SECTION 19. IC 6-2.5-5-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 26. (a) Except as
provided in section 43 of this chapter, sales of tangible personal
property are exempt from the state gross retail tax, if:
(1) the seller is an organization that is described in section
21(b)(1) of this chapter;
(2) the organization makes the sale to make money to carry on a
not-for-profit purpose; and
(3) the organization does not make those sales during more than
thirty (30) days in a calendar year.
(b) Except as provided in section 43 of this chapter, sales of
tangible personal property are exempt from the state gross retail tax, if:
(1) the seller is an organization described in section 21(b)(1) of
this chapter;
(2) the seller is not operated predominantly for social purposes;
(3) the property sold is designed and intended primarily either for
the organization's educational, cultural, or religious purposes, or
for improvement of the work skills or professional qualifications
of the organization's members; and
(4) the property sold is not designed or intended primarily for use
in carrying on a private or proprietary business.
(c) The exemption provided by this section does not apply to an
accredited college or university's sales of books, stationery,
haberdashery, supplies, or other property.
SOURCE: IC 6-2.5-5-43; (08)IN1225.1.20. -->
SECTION 20. IC 6-2.5-5-43 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 43. (a) A nonprofit corporation that has a judgment
entered against the nonprofit corporation under IC 23-17-31-1 for
providing assistance to an individual who is not lawfully in the
United States shall be suspended during the period described in
subsection (b) from exemption from tax and from applying for
recognition of exemption from tax under the following:
(1) IC 6-2.5-5-21.
(2) IC 6-2.5-5-25.
(3) IC 6-2.5-5-26.
(b) A nonprofit corporation described under subsection (a) shall
be suspended from exemption from tax and from applying for
recognition of exemption from tax as provided under subsection (a)
for one (1) year immediately following the date that the court
enters a judgment against the nonprofit corporation for a violation
under IC 23-17-31-1.
SOURCE: IC 6-3-2-2.8; (08)IN1225.1.21. -->
SECTION 21. IC 6-3-2-2.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.8. (a)
Notwithstanding any provision of IC 6-3-1 through IC 6-3-7 and
except as provided in subsection (b), there shall be no tax on the
adjusted gross income of the following:
(1) Any organization described in Section 501(a) of the Internal
Revenue Code, except that any income of such organization
which is subject to income tax under the Internal Revenue Code
shall be subject to the tax under IC 6-3-1 through IC 6-3-7.
(2) Any corporation which is exempt from income tax under
Section 1363 of the Internal Revenue Code and which complies
with the requirements of IC 6-3-4-13. However, income of a
corporation described under this subdivision that is subject to
income tax under the Internal Revenue Code is subject to the tax
under IC 6-3-1 through IC 6-3-7. A corporation will not lose its
exemption under this section because it fails to comply with
IC 6-3-4-13 but it will be subject to the penalties provided by
IC 6-8.1-10.
(3) Banks and trust companies, national banking associations,
savings banks, building and loan associations, and savings and
loan associations.
(4) Insurance companies subject to tax under IC 27-1-18-2,
including a domestic insurance company that elects to be taxed
under IC 27-1-18-2.
(5) International banking facilities (as defined in Regulation D of
the Board of Governors of the Federal Reserve System (12 CFR
204)).
(b) A nonprofit corporation that has a judgment entered against
the nonprofit corporation under IC 23-17-31-1 for providing
assistance to an individual who is not lawfully in the United States
shall be suspended during the period described in subsection (c)
from exemption from tax and from applying for recognition of
exemption from tax under subsection (a).
(c) A nonprofit corporation described under subsection (b) shall
be suspended from exemption from tax and from applying for
recognition of exemption from tax as provided under subsection (b)
for one (1) year immediately following the date that the court
enters a judgment against the nonprofit corporation for a violation
under IC 23-17-31-1.
SOURCE: IC 10-11-2-21.5; (08)IN1225.1.22. -->
SECTION 22. IC 10-11-2-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 21.5. (a) As used in this section,
"law enforcement officer" means a:
(1) police employee;
(2) county sheriff;
(3) county police officer;
(4) county police reserve officer;
(5) city police officer;
(6) city police reserve officer;
(7) town marshal;
(8) deputy town marshal; or
(9) member of a consolidated law enforcement department
established under IC 36-3-1-5.1.
(b) The superintendent shall negotiate the terms of a
memorandum of understanding between:
(1) the state; and
(2) the United States Department of Justice or the United
States Department of Homeland Security;
concerning a pilot project for the enforcement of federal
immigration and customs laws in Indiana.
(c) The memorandum of understanding described in subsection
(a) must be signed on behalf of the state by the superintendent and
governor, unless otherwise required by the United States
Department of Justice or the United States Department of
Homeland Security.
(d) The superintendent shall designate appropriate local law
enforcement officers to be trained under the memorandum of
understanding described in subsection (a).
(e) The department shall apply for federal funding, if available,
for the costs associated with training local law enforcement officers
under the memorandum of understanding described in subsection
(a).
(f) A local law enforcement officer certified as trained in
accordance with the memorandum of understanding described in
subsection (a) may enforce federal immigration and customs laws
while acting within the scope of the local law enforcement officer's
duties.
SOURCE: IC 12-7-2-9; (08)IN1225.1.23. -->
SECTION 23. IC 12-7-2-9, AS AMENDED BY P.L.93-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 9. "Agency" means the following:
(1) For purposes of IC 12-10-12, the meaning set forth in
IC 12-10-12-1.
(2) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-1.
(3) For purposes of IC 12-31-1, the meaning set forth in
IC 12-31-1-1.
SOURCE: IC 12-7-2-76.6; (08)IN1225.1.24. -->
SECTION 24. IC 12-7-2-76.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 76.6. (a) "Emergency
medical condition", for purposes of IC 12-15-12, has the meaning set
forth in IC 12-15-12-0.3.
(b) "Emergency medical condition", for purposes of IC 12-31-1,
has the meaning set forth in IC 12-31-1-2.
SOURCE: IC 12-7-2-85.1; (08)IN1225.1.25. -->
SECTION 25. IC 12-7-2-85.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 85.1. "Federal public benefit", for
purposes of IC 12-31-1, has the meaning set forth in IC 12-31-1-3.
SOURCE: IC 12-7-2-142; (08)IN1225.1.26. -->
SECTION 26. IC 12-7-2-142 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 142. "Political
subdivision", for purposes of the following statutes, has the meaning
set forth in IC 36-1-2-13:
(1) IC 12-8.
(2) IC 12-13-4.
(3) IC 12-31-1.
SOURCE: IC 12-7-2-169.7; (08)IN1225.1.27. -->
SECTION 27. IC 12-7-2-169.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 169.7. "SAVE program", for
purposes of IC 12-31-1, has the meaning set forth in IC 12-31-1-4.
SOURCE: IC 12-7-2-185.5; (08)IN1225.1.28. -->
SECTION 28. IC 12-7-2-185.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 185.5. "State or local public
benefit", for purposes of IC 12-31-1, has the meaning set forth in
IC 12-31-1-5.
SOURCE: IC 12-31; (08)IN1225.1.29. -->
SECTION 29. IC 12-31 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]:
ARTICLE 31. RESTRICTIONS ON PUBLIC BENEFITS
Chapter 1. Restrictions on Public Benefits to Illegal Aliens
Sec. 1. As used in this chapter, "agency" means any state
administration, agency, authority, board, bureau, commission,
committee, council, department, division, institution, office, service,
or other similar body of state government.
Sec. 2. As used in this chapter, "emergency medical condition"
has the meaning set forth in 42 U.S.C. 1396b(v)(3).
Sec. 3. As used in this chapter, "federal public benefit" has the
meaning set forth in 8 U.S.C. 1611.
Sec. 4. As used in this chapter, "SAVE program" means the
Systematic Alien Verification of Entitlements program operated by
the United States Department of Homeland Security or a successor
program designated by the United States Department of Homeland
Security.
Sec. 5. As used in this chapter, "state or local public benefit" has
the meaning set forth in 8 U.S.C. 1621.
Sec. 6. This chapter shall be enforced without regard to race,
religion, gender, ethnicity, or national origin.
Sec. 7. Except as provided in section 9 of this chapter or in
federal law, an agency or a political subdivision may not provide
federal public benefits or state or local public benefits to an
individual who is not:
(1) a United States citizen; or
(2) a qualified alien who is lawfully present in the United
States under the federal Immigration and Nationality Act.
Sec. 8. Except as provided in section 9 of this chapter or in
federal law, an agency or a political subdivision shall verify, in the
manner provided in section 10 of this chapter, the lawful presence
in the United States of each individual who:
(1) is at least eighteen (18) years of age; and
(2) applies for:
(A) federal public benefits; or
(B) state or local public benefits;
that are administered by the agency or political subdivision;
before the agency or political subdivision may provide federal
public benefits or state or local public benefits to the individual.
Sec. 9. An agency or a political subdivision is not required to
meet the requirements of sections 7 and 8 of this chapter for any of
the following:
(1) A purpose for which lawful presence in the United States
is not required by law, ordinance, or regulation.
(2) Assistance for health care items and services that are
necessary for the treatment of an emergency medical
condition of the individual involved and are not related to an
organ transplant procedure.
(3) Short term, noncash, in-kind emergency disaster relief.
(4) Public health assistance for:
(A) immunizations with respect to a disease for which an
individual may be immunized; and
(B) testing and treatment of symptoms of communicable
diseases regardless of whether symptoms are caused by a
communicable disease.
(5) Programs, services, or assistance, including soup kitchens,
crisis counseling and intervention, and short term shelter,
specified by the United States Attorney General in the United
States Attorney General's sole and unreviewable discretion
after consultation with appropriate federal agencies and
departments, that:
(A) deliver in-kind services at the community level,
including services through public or private nonprofit
agencies;
(B) do not condition the:
(i) provision of assistance;
(ii) amount of assistance provided; or
(iii) cost of assistance provided;
on a recipient's income or resources; and
(C) are necessary for the protection of life or safety.
(6) Prenatal care.
Sec. 10. An agency or a political subdivision shall verify the
lawful presence in the United States of an individual described in
section 8 of this chapter by requiring the individual to execute a
verified affidavit stating that the individual is:
(1) at least eighteen (18) years of age; and
(2) either of the following:
(A) A United States citizen.
(B) A qualified alien who is lawfully present in the United
States under the federal Immigration and Nationality Act.
Sec. 11. (a) If an individual executes an affidavit under section
10 of this chapter stating that the individual is a qualified alien
lawfully present in the United States, an agency or a political
subdivision shall verify the lawful presence of the individual to
determine eligibility for federal public benefits or state or local
public benefits through the SAVE program.
(b) An affidavit executed under section 10 of this chapter may
be presumed to be proof of an individual's lawful presence in the
United States under this chapter until eligibility is verified under
this section.
Sec. 12. An agency or a political subdivision shall report any
errors or significant delays by the SAVE program to the:
(1) United States Department of Homeland Security; and
(2) secretary of state.
Sec. 13. An agency or a political subdivision may adopt a
variation of the requirements set forth in this chapter to:
(1) improve the efficiency of verifying an individual's lawful
presence in the United States under this chapter;
(2) reduce delay in verifying an individual's lawful presence
in the United States under this chapter; or
(3) provide for an adjudication in the case of unique
individual circumstances under which the procedures set
forth in this chapter would impose unusual hardship on a
legal resident of Indiana.
Sec. 14. A person who knowingly or intentionally makes a false,
fictitious, or fraudulent statement of representation in an affidavit
executed under section 10 of this chapter commits a Class D felony.
Sec. 15. An agency may adopt rules and a political subdivision
may adopt an ordinance or a resolution to carry out the
requirements of this chapter.
SOURCE: IC 22-5-1.5; (08)IN1225.1.30. -->
SECTION 30. IC 22-5-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 1.5. Employment of Unauthorized Aliens
Sec. 1. This chapter does not apply to a public utility (as defined
in IC 8-1-2-1(a)) that is subject to regulation by the Indiana utility
regulatory commission under IC 8-1-2.
Sec. 2. As used in this chapter, "agency" means any state or
local administration, agency, authority, board, bureau,
commission, committee, council, department, division, institution,
office, service, or other similar body of government created or
established by law that issues a license for purposes of operating a
business in Indiana.
Sec. 3. As used in this chapter, "employee" means an individual
who performs employment services for an employer.
Sec. 4. (a) As used in this chapter, "employer" means a person
that:
(1) transacts business in Indiana;
(2) has a license issued by an agency; and
(3) employs one (1) or more individuals who perform
employment services in Indiana.
(b) The term includes the state, a political subdivision (as
defined in IC 3-5-2-38) of the state, and a self-employed person.
Sec. 5. As used in this chapter, "license" means any agency
permit, certificate, approval, registration, charter, or similar
authorization that is:
(1) required by law; and
(2) issued by an agency;
for purposes of operating a business in Indiana.
Sec. 6. As used in this chapter, "person" means an individual, a
corporation, a limited liability company, a partnership, or another
legal entity.
Sec. 7. As used in this chapter, "pilot program" means the
employment verification pilot program administered by the United
States Department of Homeland Security and the Social Security
Administration or its successor program.
Sec. 8. As used in this chapter, "unauthorized alien" has the
meaning set forth in 8 U.S.C. 1324a(h)(3).
Sec. 9. A person may not knowingly employ an unauthorized
alien.
Sec. 10. (a) The attorney general shall investigate a complaint
filed with the attorney general that an employer knowingly
employed an unauthorized alien in violation of section 9 of this
chapter.
(b) In investigating a complaint under subsection (a), the
attorney general shall verify the work authorization of the alleged
unauthorized alien with the federal government under 8 U.S.C.
1373(c).
Sec. 11. A state, county, or local official or employee may not
attempt to make independently a final determination as to whether
an individual is authorized to work in the United States.
Sec. 12. If, after an investigation, the attorney general
determines that an employer has employed an unauthorized alien,
the attorney general shall notify the following of the unauthorized
alien:
(1) United States Immigration and Customs Enforcement.
(2) Local law enforcement agencies.
(3) The prosecuting attorney in the county in which the
unauthorized alien is employed.
Sec. 13. (a) If a prosecuting attorney receives notification from
the attorney general under section 12 of this chapter, the
prosecuting attorney shall file an action against the employer for
a violation of section 9 of this chapter.
(b) A prosecuting attorney may file only one (1) action against
an employer for all unauthorized aliens employed by the employer
at the time the prosecuting attorney files the action.
(c) A prosecuting attorney may file an additional action under
this section for a second or subsequent violation of section 9 of this
chapter only for violations the employer commits after the
employer has received notice that the prosecuting attorney has
filed an action under this section.
Sec. 14. If a prosecuting attorney files an action under section 13
of this chapter, the court in which the action is filed shall hold a
hearing and make a determination of the action on an expedited
basis.
Sec. 15. (a) Except as provided in section 17 of this chapter, if a
court determines that a person knowingly employed an
unauthorized alien in violation of section 9 of this chapter, the
following apply:
(1) The court shall do the following:
(A) Order the employer to terminate the employment of all
unauthorized aliens employed by the employer.
(B) Place the employer on probation for a three (3) year
period. During the probationary period, the employer shall
file a quarterly report with the attorney general of each
new individual the employer hires at the specific business
location where the unauthorized alien worked.
(C) Order the employer to file a sworn affidavit signed by
the employer with the prosecuting attorney within three
(3) business days after the order is issued. The affidavit
must include a statement that the employer:
(i) has terminated the employment of all unauthorized
aliens; and
(ii) will not knowingly employ an unauthorized alien.
(2) The court, after considering the relevant factors listed in
subsection (b), may order an agency to suspend, for not more
than ten (10) business days, a license described in section 16(a)
of this chapter.
(b) The court shall consider the following factors, if applicable,
in suspending a license under subsection (a)(2):
(1) The number of unauthorized aliens employed by the
employer.
(2) Any prior misconduct by the employer.
(3) The degree of harm resulting from the violation.
(4) The extent to which the employer made good faith efforts
to comply with any applicable requirements under this
chapter.
(5) The duration of the violation.
(6) The role of the directors, officers, or agents of the
employer in the violation.
(7) Any other factors the court considers relevant.
Sec. 16. (a) This section applies to all licenses held by an
employer that:
(1) are necessary to operate the employer's business at the
employer's business location where an unauthorized alien
worked; or
(2) if a license is not necessary at the employer's business
location described under subdivision (1), are held by the
employer for the employer's primary place of business.
(b) If an employer fails to file a sworn affidavit as required
under section 15(a)(1)(C) of this chapter with the prosecuting
attorney within three (3) business days after the order is issued, the
court shall order the appropriate agencies to suspend all licenses
that are held by the employer. All licenses suspended under this
subsection must remain suspended until the employer files a sworn
affidavit described under section 15(a)(1)(C) of this chapter with
the prosecuting attorney.
(c) If the employer files a sworn affidavit described under
section 15(a)(1)(C) of this chapter, the court shall order the
appropriate agencies to reinstate the suspended licenses.
Sec. 17. If:
(1) a court determines that a person knowingly employed an
unauthorized alien in a second or subsequent violation of
section 9 of this chapter; and
(2) the violation under subdivision (1) occurred during the
employer's period of probation under section 15(a)(1)(B) of
this chapter;
the court shall order the appropriate agencies to permanently
revoke all the employer's licenses as described in section 16(a) of
this chapter.
Sec. 18. If an agency receives an order from a court under:
(1) section 15(a)(2) or 16(b) of this chapter, the agency shall
suspend the license immediately; or
(2) section 17 of this chapter, the agency shall revoke the
license immediately.
Sec. 19. A court shall send copies of all orders issued under
sections 15, 16, and 17 of this chapter to the attorney general.
Sec. 20. (a) In determining whether an individual is an
unauthorized alien under this chapter, a court may consider only
the federal government's verification or status information
provided under 8 U.S.C. 1373(c).
(b) The federal government's verification or status information
provided under 8 U.S.C. 1373(c) creates a rebuttable presumption
of an individual's lawful status.
(c) The court may:
(1) take judicial notice of the federal government's
verification or status information; and
(2) request the federal government to provide automated or
testimonial verification under 8 U.S.C. 1373(c).
Sec. 21. There is a rebuttable presumption that an employer did
not knowingly employ an unauthorized alien if the employer
verified the employment authorization of an individual through the
pilot program.
Sec. 22. An employer may establish as an affirmative defense for
a violation under section 9 of this chapter that the employer
complied in good faith with the requirements of 8 U.S.C. 1324a(b).
Sec. 23. The attorney general shall:
(1) maintain copies of court orders received under section 19
of this chapter;
(2) establish and maintain a data base of the names and
addresses of the employers that have a violation under this
chapter; and
(3) make the court orders available on the attorney general's
Internet web site.
Sec. 24. This chapter does not require an employer to take any
action that the employer believes in good faith would violate
federal law.
Sec. 25. After December 31, 2008, an employer shall verify the
employment eligibility of an employee through the pilot program
after hiring the employee.
Sec. 26. A person who knowingly files a false or frivolous
complaint with the attorney general under section 10 of this
chapter commits a Class C misdemeanor.
SOURCE: IC 23-17-31; (08)IN1225.1.31. -->
SECTION 31. IC 23-17-31 IS ADDED TO THE INDIANA AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]:
Chapter 31. Offenses Relating to Illegal Aliens
Sec. 1. (a) A domestic corporation or a foreign corporation that
provides assistance, including goods or services, to an individual
who is not lawfully in the United States commits providing
assistance to an illegal alien, a Class D infraction.
(b) If a court enters a judgment that a domestic corporation or
foreign corporation provided assistance to an individual who is not
lawfully in the United States, the court shall transmit a copy of the
judgment to the department of state revenue in accordance with
IC 34-54-12-1.
(c) It is a defense to a prosecution under this section that the
domestic corporation or foreign corporation that provided
assistance to an individual who is not lawfully in the United States
required the individual to provide government issued
identification, including a driver's license, identification card,
passport, birth certificate, Social Security number, or taxpayer
identification number, before the domestic corporation or foreign
corporation provided the assistance to the individual.
SOURCE: IC 28-1-2-40; (08)IN1225.1.32. -->
SECTION 32. IC 28-1-2-40 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 40. A financial institution may not provide financial
services to an individual who is:
(1) present in the United States; but
(2) not lawfully present in the United States.
SOURCE: IC 34-54-12; (08)IN1225.1.33. -->
SECTION 33. IC 34-54-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 12. Transmit Copies of Judgments
Sec. 1. Upon entry of a judgment for an offense concerning
provision of assistance to an illegal alien by a nonprofit
corporation under IC 23-17-31-1, the court shall transmit a copy
of the judgment to the department of state revenue.
SOURCE: IC 35-44-5; (08)IN1225.1.34. -->
SECTION 34. IC 35-44-5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 5. Offenses Relating to Illegal Aliens
Sec. 1. As used in this chapter, "alien" has the meaning set forth
in 8 U.S.C. 1101(a).
Sec. 2. (a) Subject to section 4 of this chapter, a person who:
(1) transports; or
(2) moves;
an alien knowing or in reckless disregard of the fact that the alien
has come to, entered, or remained in the United States in violation
of law commits transporting an illegal alien, a Class A
misdemeanor.
(b) The offense in subsection (a) is a Class D felony if the person
has a prior unrelated conviction under subsection (a).
Sec. 3. (a) Subject to section 4 of this chapter, a person who:
(1) conceals;
(2) harbors; or
(3) shields from detection;
an alien knowing or in reckless disregard of the fact that the alien
has come to, entered, or remained in the United States in violation
of law commits harboring an illegal alien, a Class A misdemeanor.
(b) The offense in subsection (a) is a Class D felony if the person
has a prior unrelated conviction under subsection (a).
Sec. 4. This chapter does not prohibit or restrict providing one
(1) or more the following:
(1) A state or local public benefit described under 8 U.S.C.
1621(b).
(2) Regulated public health services provided by a private
charity using private funds.
SOURCE: IC 36-2-13-7.5; (08)IN1225.1.35. -->
SECTION 35. IC 36-2-13-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7.5. (a) The sheriff shall make a
reasonable effort to determine the citizenship or immigration
status of a person who is:
(1) charged with a felony or with operating a vehicle while
intoxicated; and
(2) confined, for any period, in a county jail.
(b) If the person described under subsection (a) is a foreign
national, the sheriff shall make a reasonable effort to verify that:
(1) the person has been lawfully admitted to the United States;
and
(2) if the person has been lawfully admitted, the lawful status
of the person has not expired.
(c) If the sheriff is unable to verify the lawful status of a person
described under subsection (a) from documents in possession of the
person, the sheriff shall attempt to verify the lawful status of the
person not later than forty-eight (48) hours through a query to the
Law Enforcement Support Center of the United States Department
of Homeland Security or other office or agency designated for the
purpose of verifying the lawful status of person by the United
States Department of Homeland Security.
(d) If the sheriff is unable to verify the lawful status of a person
under this section, the sheriff shall notify the United States
Department of Homeland Security that the lawful status of a
person described under subsection (a) could not be verified.
SOURCE: ; (08)IN1225.1.36. -->
SECTION 36. [EFFECTIVE JULY 1, 2008] Notwithstanding
IC 22-5-1.5-13, as added by this act, a prosecuting attorney may
file an action against an employer under IC 22-5-1.5-13, as added
by this act, only for a violation of IC 22-5-1.5-9, as added by this
act, that occurs after December 31, 2008.
SOURCE: ; (08)IN1225.1.37. -->
SECTION 37. [EFFECTIVE JULY 1, 2008] IC 35-44-5-2 and
IC 35-44-5-3, both as added by this act, apply only to crimes
committed after June 30, 2008.
SOURCE: ; (08)IN1225.1.38. -->
SECTION 38. [EFFECTIVE JULY 1, 2008]
(a) Not later than July
1, 2009, the superintendent of the state police department shall
report the progress of entering into a memorandum of
understanding as described in IC 10-11-2-21.5, as added by this
act, to the legislative council. The report must be in an electronic
format under IC 5-14-6.
(b) This SECTION expires December 31, 2009.