February 22, 2013





SENATE BILL No. 207

_____


DIGEST OF SB 207 (Updated February 20, 2013 4:40 pm - DI 116)



Citations Affected: IC 12-32; IC 21-14.

Synopsis: Resident tuition rate and other educational aid. Establishes certain exceptions to the requirement that an agency or political subdivision verify that an individual applying for state or local public benefits or federal public benefits is a United States citizen or qualified alien. Provides that the law that prohibits resident tuition rate for individuals who are not lawfully present in the United States does not apply to individuals who were enrolled in state educational institutions on or before July 1, 2011.

Effective: July 1, 2013.





Leising, Yoder , Rogers, Mrvan, Taylor, Broden




    January 7, 2013, read first time and referred to Committee on Education and Career Development.
    February 21, 2013, reported favorably _ Do Pass.






February 22, 2013

First Regular Session 118th General Assembly (2013)


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 2012 Regular Session of the General Assembly.

SENATE BILL No. 207



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-32-1-5; (13)SB0207.1.1. -->     SECTION 1. IC 12-32-1-5, AS ADDED BY P.L.171-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Notwithstanding any other provision of law and except as otherwise provided under federal law and subsections (b), (d), and (e), an agency or a political subdivision shall verify, in the manner required under section 6 of this chapter, the eligibility of any individual who:
        (1) is at least eighteen (18) years of age; and
        (2) applies for state or local public benefits or federal public benefits that are provided by the agency or the political subdivision.
    (b) A health care provider (as defined in IC 16-18-2-163(a)) is not required to verify the eligibility of an individual as required under subsection (a) if the health care provider is providing health care services for the treatment of an emergency medical condition (as defined in 42 U.S.C. 1396b(v)(3)).
    (c) With regard to a state or local public benefit or a federal public

benefit that covers health care services, a health care provider (as defined in IC 16-18-2-163) satisfies the requirements of this chapter if the health care provider complies with the eligibility verification policies and procedures for providing the benefit that is established by the:
        (1) office of the secretary of family and social services; or
        (2) federal Department of Health and Human Services.
     (d) A state educational institution is not required to verify the eligibility of an individual as required under subsection (a) if all the following apply:
        (1) The individual is eligible to pay the resident tuition rate of the state educational institution.
        (2) The individual is not applying for any state or local public benefit or federal public benefit other than the resident tuition rate that:
            (A) is provided by the state educational institution; and
            (B) would require verification under this chapter.
        (3) The individual was enrolled in a state educational institution on or before July 1, 2011.

     (e) An agency or a political subdivision is not required to verify the eligibility of an individual as required under subsection (a) if all the following apply:
         (1) The individual is applying for a scholarship, a grant, or financial aid for postsecondary education.
        (2) The individual is not applying for any state or local public benefit or federal public benefit other than the benefit described in subdivision (1) that:
            (A) is provided by the agency or political subdivision; and
            (B) would require verification under this chapter.
        (3) The individual is:
            (A) an international student with bona fide legal status; and
            (B) enrolled in a state educational institution.

SOURCE: IC 21-14-11-1; (13)SB0207.1.2. -->     SECTION 2. IC 21-14-11-1, AS ADDED BY P.L.209-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This section does not apply to an individual who was enrolled in a state educational institution on or before July 1, 2011.
    (b)
An individual who is not lawfully present in the United States is not eligible to pay the resident tuition rate that is determined by the state educational institution.