SB 590 : Illegal Immigration Matters (February 22, 2011)

Section 1: Prohibits a governmental body from enacting or implementing an ordinance, a resolution, a rule, or a policy that prohibits or in any way restricts another governmental body from taking certain actions with regard to information concerning the citizenship or immigration status of an individual.

Requires every law enforcement agency to provide each law enforcement officer with a written notice that the law enforcement officer has a duty to cooperate with state and federal agencies and officials on matters pertaining to enforcement of state and federal laws governing immigration.

Section 2: Prohibits a governmental body from limiting or restricting the enforcement of federal immigration laws to less than the full extent permitted by federal law.

Allows a law enforcement officer who makes a lawful stop, detention, or arrest of an individual for a violation of state law or local ordinance and has reasonable suspicion to believe that the individual is an alien and not lawfully present in the United States to request verification of identity and citizenship or immigration status of the individual from federal immigration authorities.

Requires a law enforcement agency that has custody of an individual who has been verified as unlawfully present in the United States to request the United States Department of Homeland Security to issue a detainer authorizing transfer of the alien into federal custody.

Provides that an individual is presumed not to be an alien who is unlawfully in the United States if the individual provides certain forms of identification to a law enforcement officer.

Allows a law enforcement agency to securely transport an alien who has been verified by federal immigration authorities as unlawfully present in the United States to a federal facility in Indiana or any other point of transfer into federal custody that is outside Indiana if the receiving federal agency agrees to the transportation and transfer of the alien.

Requires the court, if certain conditions are met, to enjoin a law enforcement agency or governmental body from engaging in or encouraging certain policies, practices, or acts.

Provides that these provisions shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

Section 3: Prohibits a law enforcement agency or law enforcement officer from requesting verification of the citizenship or immigration status of an individual from federal immigration authorities if the individual has contact with the agency or officer only as a witness to or a victim of a crime or for purposes of reporting a crime.

Section 4: Requires a governing body of a public agency to conduct all public meetings in English. Establishes exceptions.

Section 5: Provides that an action may be filed by any person to declare void any policy, decision, or final action that is based in whole or part upon official action taken at any meeting that was not conducted in English.

Section 6: Requires the Indiana Economic Development Corporation to include on the corporation's Internet website a list of agricultural jobs in which there is a critical need for agricultural workers, as determined by the Department of Agriculture, and the wage rate for each of the agricultural jobs.

Section 7: Requires that only English be used: (1) for any official document or communication issued by, on behalf of, or representing the state or a political subdivision; (2) by officers and employees of the state or a political subdivision in performing their duties; and (3) in providing information communicated electronically by the state or a political subdivision. Establishes exceptions.

Section 8 and 11: Requires a taxpayer to add back the amount of any deduction taken on a federal tax return for a business expense related to employing a person who is not permitted by federal law to be hired as an employee. Excludes payments made for services to a business that was enrolled and participated in the E-Verify program during the time the taxpayer conducted business in Indiana in the taxable year.

Section 9 and 10: Prohibits an economic development for a growing economy tax credit from being computed on any amount withheld from an individual or paid to an individual for services provided in Indiana as an employee, if the individual was, during the period of service, not permitted by federal law to be hired as an employee. Makes an exception for a business that was enrolled and participating in the E-Verify program during the time the taxpayer conducted business in Indiana in the taxable year.

Section 12: Requires, to the extent possible, the superintendent of state police to negotiate the terms of a memorandum of agreement under Section 287(g) of the United States Immigration and National Act between the state and the United States Department of Homeland Security concerning the enforcement of federal immigration and customs laws in Indiana.

Allows police employees certified as trained to enforce federal immigration and customs laws while performing within the scope of their duties.

Section 13: Requires a criminal offender be evaluated regarding the his or her citizenship and immigration status.

Requires the Department of Correction to notify the United States Department of Homeland Security if an offender's citizenship or immigration status cannot be verified and provide certain information upon request by the United States Department of Homeland Security.

Section 14: Requires a delinquent offender be evaluated regarding his or her citizenship and immigration status.

Requires the Department of Correction to notify the United States Department of Homeland Security if a delinquent offender's citizenship or immigration status cannot not be verified and provide certain information upon request by the United States Department of Homeland Security.

Section 15, 16, 17, and 18: Conforming changes for definitions.

Section 19: Requires a state agency or political subdivision to verify the eligibility of any individual who is at least 18 years old and applies for a state or local public benefit or federal public benefit.

Requires a person that provides benefits that are funded, in whole or part, by federal, state, or local money to verify the eligibility of any individual who is at least 18 years old and applies for or requests benefits from the person that provides the benefits.

Establishes requirements for verification and maintaining verification records. Makes it a Class D felony for false, fictitious, or fraudulent statements regarding verification.

Requires the department of local government finance to adopt rules applicable to all political subdivisions to carry out these provisions.

Allows for certain variation on these requirements.

Provides that these provisions shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

Section 20: Requires the Department of Agriculture to include on the Department of Agriculture's Internet website a list of agricultural jobs in which there is a critical need for agricultural workers, as determined by the Department of Agriculture, and the wage rate for each of the agricultural jobs

Requires the Department of Agriculture to accept information on agricultural jobs and determine whether there is a critical need for agricultural workers for the agricultural jobs. Requires the Department of Agriculture to provide a list of agricultural jobs in which there is a critical need for agricultural workers and the wage rate for each job to the Indiana Economic Development Corporation

Section 21: If an individual applies for unemployment compensation benefits and is not a citizen or national of the United States, requires the Department of Workforce Development to verify the status of the individual as a qualified alien through the Systematic Alien Verification for Entitlements program.

Section 22:Allows the department of workforce development to file civil actions to obtain the reimbursement of amounts paid as unemployment insurance benefits from employers that knowingly employed unauthorized aliens.

Section 23: Requires a state agency or political subdivision to use the E-Verify program to verify the work eligibility status of employees hired after June 30, 2011.

Prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor unless: (1) the public contract contains provisions requiring a contractor to enroll in and verify the work eligibility status of newly hired employees through the E-Verify program; and (2) the contractor signs an affidavit affirming that the contractor does not knowingly employ unauthorized aliens.

Prohibits a state agency or political subdivision from awarding a grant of more than $1,000 to a business entity unless the business entity: (1) signs a sworn affidavit and provides documentation that the business entity has enrolled in and is participating in the E-Verify program; and (2) signs an affidavit affirming the business entity does not knowingly employ unauthorized aliens.

Allows a state agency or political subdivision to terminate a public contract for services if the contractor knowingly employs an unauthorized alien. Provides that if a state agency or political subdivision terminates a public contract for services, the contractor is liable to the state agency or political subdivision for actual damages.

Requires a subcontractor who is providing services for work a contractor is performing under a public contract for services to certify to the contractor that the subcontractor does not employ or contract with unauthorized aliens and has enrolled and is participating in the E-Verify program.

Section 24: Prohibits individuals who are at least 18 years of age from commencing day labor without completing an attestation required under federal law.

Requires a law enforcement officer or any other entity authorized to enforce the employment laws of Indiana that has probable cause to believe that an individual has not completed an attestation to submit a complaint in a form prescribed under federal regulations.

Section 25: Provides that a person who knowingly or intentionally offers in writing, accepts, or records consular identification for any public purpose commits a Class C infraction.

Provides that a person who knowingly or intentionally offers in writing, accepts, or records an individual taxpayer identification number as a valid form of identification for any public or private purpose, with certain exceptions, commits a Class C infraction.

Establishes higher penalties for second and third or subsequent offenses.

Section 26: Allows a law enforcement officer to arrest a person when the officer has probable cause to believe that the person is an alien who meets certain criteria.