ILLEGAL IMMIGRATION BILLSSB 372/Sen. Kruse/ Unauthorized immigration matters.
http://www.in.gov/legislative/bills/200 ... 372.1.htmlSENATE BILL No. 372_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2; IC 9-18-2-45.5; IC 9-24-18-7; IC 9-25-8-2; IC 11-10; IC 22-4-17-1; IC 22-5; IC 34-30-2-87.3; IC 35-33-8-4; IC 35-43-5; IC 36-2-13-7.5.
Synopsis: Unauthorized immigration matters. Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and work with the United States Department of Homeland Security to deport offenders who are in the United States unlawfully. Provides that the fact that a defendant is a foreign national not lawfully admitted to the United States is a fact relevant to the risk of nonappearance a judicial officer must consider in setting bail. Requires a sheriff to make a reasonable effort to determine the citizenship or immigration status of certain persons. Prohibits a governmental body from enacting an ordinance, resolution, rule, or policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Allows law enforcement agencies to negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws. Requires an individual filing a claim for unemployment insurance to provide certain information in person to the department of workforce development. Prohibits an employer from knowingly hiring, after January 1, 2010, an unauthorized alien. Authorizes, subject to availability of funds, 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 under certain conditions; and (4) maintain certain records of violation orders.
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Authorizes a prosecuting attorney to file a civil action against an employer for knowingly hiring an unauthorized alien in the county where the alien is employed. Prohibits a prosecuting attorney from filing an action against an employer that verified the employment authorization of an employed individual through E-Verify. Establishes an affirmative defense if the employer complied in good faith with the federal employment verification requirements. Makes it a Class A infraction for a person who is unlawfully in the United States to register a motor vehicle. Makes it a Class C misdemeanor if a person is unlawfully present in the United States and knowingly or intentionally operates or permits the operation of a motor vehicle on a public highway without financial responsibility in effect with respect to the motor vehicle. Provides that: (1) a person who counterfeits or falsely reproduces a driver's license with intent to use the license or to permit another person to use the license commits a Class D felony (instead of a Class B misdemeanor); and (2) a person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony (instead of a Class A misdemeanor). Makes making or distributing a forged instrument a Class B felony.
Effective: July 1, 2009.
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Kruse
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January 8, 2009, read first time and referred to
Committee on Pensions and Labor.####################################################################################################################
SB 476/Sen. Mrvan/Enforcement of wage requirements.
http://www.in.gov/legislative/bills/200 ... 467.1.html SENATE BILL No. 467_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-16-7; IC 22-2-2.
Synopsis: Enforcement of wage requirements. Increases the penalties imposed on an employer whose violation of the state common construction wage law or minimum wage law involves an employee who is an illegal alien. Provides that a determination by a federal immigration agency that an alien has come to, entered, or remained in the United States in violation of law creates a rebuttable presumption that the alien is in the United States in violation of law.
Effective: July 1, 2009.
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Mrvan
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January 14, 2009, read first time and referred to
Committee on Pensions and Labor.####################################################################################################################
SB 580/Sen. Delph/Unauthorized alien matters.
http://www.in.gov/legislative/bills/200 ... 580.1.html SENATE BILL No. 580_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-18; IC 9-24-18; IC 11-10; IC 22-1-1-22; IC 22-4; IC 22-5; IC 34-28-7; IC 34-30-2-87.3; IC 35-33-8-4; IC 35-43-5; IC 35-44-2-5; IC 35-44-5.
Synopsis: Unauthorized alien matters. Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and assist the United States Department of Homeland Security under certain conditions. Provides that the fact that a defendant is a foreign national not lawfully admitted to the United States is a fact relevant to the risk of nonappearance a judicial officer must consider in setting bail. Requires an individual filing a claim for unemployment insurance to provide certain information in person to the department of workforce development. Prohibits an employer from knowingly hiring, after September 30, 2009, an unauthorized alien. Authorizes 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 department of labor (department) under certain conditions; and (4) maintain certain records of violation orders. Requires the department to initiate administrative proceedings against an employer for knowingly hiring an unauthorized alien. Prohibits the department from initiating a proceeding against an employer that verifies the employment authorization of an employee through the E-Verify program. Establishes an affirmative defense if the employer complied in good faith with the federal employment verification
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requirements. Makes it a Class B misdemeanor to file a complaint, knowing the complaint is false or frivolous, with the attorney general or the department. Prohibits a governmental body from enacting an ordinance, a resolution, a rule, or a policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Allows a person to bring an action to compel a governmental body to comply with the prohibition. Requires a state agency or political subdivision to verify employees through the E-Verify program. Prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor unless the contract requires the contractor to verify employees through the E-Verify program. Provides that: (1) a state agency or political subdivision may terminate a public contract for services under certain conditions regarding the knowing employment or retention of unauthorized aliens; and (2) if a public contract for services is terminated, a contractor is liable for actual damages. Allows a contractor of a public contract for services to terminate a contract with a subcontractor if the subcontractor employs or contracts with unauthorized aliens. Increases penalties for certain crimes. Establishes additional penalties for certain crimes. Makes committing false identity statement a Class A misdemeanor. Makes making or distributing a forged instrument a Class C felony. Makes it a Class C felony for a person to knowingly or intentionally make, with the intent to distribute, a document that is not issued by a government entity and that purports to be a government issued identification. Makes it a: (1) Class A misdemeanor to knowingly or intentionally transport or move; and (2) Class A misdemeanor to knowingly or intentionally conceal, harbor, or shield from detection; an alien, for purposes of commercial advantage or private financial gain, 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. Appropriates $500,000 to the department and $500,000 to the attorney general from the state general fund for each year of the biennium beginning July 1, 2009, and ending June 30, 2011.
Effective: July 1, 2009.
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Delph
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January 20, 2009, read first time and referred to
Committee on Pensions and Labor.###################################################################################################################
HB 1035/Rep. Lehe/ Police enforcement of federal immigration laws.
http://www.in.gov/legislative/bills/200 ... 035.1.html
HOUSE BILL No. 1035_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-11-2-21.5.
Synopsis: Police enforcement of federal immigration laws. Requires the superintendent of the state police department (superintendent) to: (1) negotiate terms of a memorandum of understanding (memorandum) concerning a pilot project for the enforcement of federal immigration and customs laws; and (2) designate appropriate police employees to be trained under the memorandum. Requires: (1) the superintendent and governor, unless otherwise required by the applicable federal agency, to sign the memorandum on behalf of the state; and (2) the state police department to apply for federal funding, as available, for the costs associated with training the police employees. Provides that a police employee certified as trained may enforce the federal immigration and customs laws.
Effective: July 1, 2009.
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Lehe
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January 7, 2009, read first time and referred to
Committee on Rules and Legislative Procedures.
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HB 1098/Rep. Tincher/ Illegal immigrant matters.
http://www.in.gov/legislative/bills/200 ... 098.1.html
HOUSE BILL No. 1098_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-18; IC 10-11-2-21.5; IC 22-1-1-22; IC 22-4-14-9; IC 22-5; IC 34-30-2-87.3.
Synopsis: Illegal immigrant matters. Requires the superintendent of the state police department to negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws. Prohibits an employer from knowingly employing, after June 30, 2010, an unauthorized alien. Authorizes the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; and (2) notify United States Immigration and Customs Enforcement and the department of labor (department) under certain conditions. Authorizes the department to initiate administrative proceedings against an employer for knowingly employing an unauthorized alien. Requires employers to verify the employment eligibility of an employee through the federal employment verification pilot program. Prohibits the department from initiating an administrative proceeding against an employer that verifies the employment authorization of an employed individual through the pilot program. Establishes an affirmative defense if the employer complied in good faith with the federal employment verification requirements. Makes it a Class B misdemeanor to file a complaint, knowing the complaint is false or frivolous, with the attorney general. Prohibits a governmental body from enacting an ordinance, resolution, rule, or policy that prohibits or limits another governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual. Prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor if the state agency or political subdivision knows that the
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contractor employs or contracts with unauthorized aliens. Allows a contractor of a public contract for services to terminate a contract with a subcontractor if the subcontractor employs or contracts with unauthorized aliens. Requires the department of workforce development to verify the lawful presence of certain individuals to determine the individual's eligibility for unemployment benefits through the SAVE program.
Effective: July 1, 2009; July 1, 2010.
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Tincher
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January 8, 2009, read first time and referred to
Committee on Interstate and International Cooperation.
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http://www.in.gov/legislative/bills/200 ... 184.1.html HOUSE BILL No. 1184_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-22-2-37.1; IC 9-24-18-7; IC 10-19-11; IC 20-33-3; IC 35-43-5.
Synopsis: Various immigration related matters. Establishes the 287(g) agreement grant program. Allows the department of homeland security to provide grants to certain police enforcement agencies. Prohibits a child more than 12 years of age but less than 14 years of age from working as a farm laborer unless the farm is owned by a person who is related to the child by blood, marriage, or adoption. Increases civil penalties for violations of certain age labor laws. Provides that: (1) a person who counterfeits or falsely reproduces a driver's license with intent to use the license or to permit another person to use the license commits a Class D felony (instead of a Class B misdemeanor); and (2) a person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony (instead of a Class A misdemeanor). Makes making or distributing a forged instrument a Class B felony. Appropriates $10,000,000 to the department of education from the state general fund for each year of the biennium beginning July 1, 2009, and ending June 30, 2011. Appropriates $5,000,000 to the department of homeland security from the state general fund for each year of the biennium beginning July 1, 2009, and ending June 30, 2011.
Effective: July 1, 2009.
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Murphy
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January 12, 2009, read first time and referred to
Committee on Interstate and International Cooperation.#################################################################################################
HB 1272/Rep. Pelath/Illegal immigration.
http://www.in.gov/legislative/bills/200 ... 272.1.html HOUSE BILL No. 1272_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-24-18-7; IC 11-10; IC 22-4.1-4-4; IC 22-5; IC 35-43-5.
Synopsis: Illegal immigration. Requires: (1) the department of workforce development to determine and file an annual report on the number, industries of employment, and wage rates of unauthorized aliens; and (2) public employers and public contractors to use E-Verify to verify the work eligibility status of all newly hired employees. Requires the department of correction to: (1) evaluate the citizenship and immigration status of a committed offender; and (2) notify and work with the United States Department of Homeland Security to deport offenders who are in the United States unlawfully. Requires the attorney general to: (1) verify quarterly whether an order has been issued or a criminal penalty has been imposed under a federal law regarding the employment of unauthorized aliens against a person or other entity doing business in Indiana; and (2) order the appropriate agencies to permanently revoke all licenses held by a person or entity who has had an order issued or a criminal penalty imposed against the person or entity. Provides that: (1) a person who counterfeits or falsely reproduces a driver's license with intent to use the license or to permit another person to use the license commits a Class D felony (instead of a Class B misdemeanor); and (2) a person who knowingly or intentionally produces or distributes a document that is not issued by a government entity and that purports to be a government issued identification commits a Class C felony (instead of a Class A misdemeanor). Makes making or distributing a forged instrument a Class B felony.
Effective: July 1, 2009.
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Pelath
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January 13, 2009, read first time and referred to
Committee on Interstate and International Cooperation.#################################################################################################
HB 1488/Rep. Eberhart/Unauthorized aliens.
http://www.in.gov/legislative/bills/200 ... 488.1.html HOUSE BILL No. 1488_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-11-2-21.5; IC 12-7-2; IC 12-32; IC 22-5-1.5.
Synopsis: Unauthorized aliens. Requires the superintendent of the state police department to: (1) negotiate terms of a memorandum of understanding (memorandum) concerning a pilot project for the enforcement of federal immigration and customs laws; and (2) designate appropriate police employees to be trained under the memorandum. 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 certain individuals who apply for public benefits. Requires a state agency or political subdivision to: (1) verify the lawful presence of the person; (2) verify the lawful presence of certain individuals through the Systematic Alien Verification of Entitlements (SAVE) program; and (3) report errors and significant delays in the SAVE program. Provides that a person who makes a false, fictitious, or fraudulent statement in an affidavit verifying lawful presence commits a Class D felony. Requires employers to: (1) comply with requirements regarding verification of employment under federal law; and (2) make verification forms available for inspection by the commissioner of labor. Requires the commissioner of labor to file a complaint with the United States Office of the Attorney General if an employer fails to retain or to make available for inspection a verification of each employee.
Effective: July 1, 2009.
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Eberhart
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January 14, 2009, read first time and referred to
Committee on Interstate and International Cooperation.