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Senate Bill 0345


Senate Bill 0345

ARCHIVE (2008)

Latest Information

 

DIGEST OF SB345 (Updated February 28, 2008 6:57 pm - DI 84)


Labor and safety. Requires the department of workforce development to operate a data match system with financial institutions doing business in Indiana for use only in the collection of unpaid final assessments of employer contributions for the state's unemployment insurance system. Makes it a Class A misdemeanor for certain persons to knowingly or intentionally disclose for purposes other than the collection of unpaid final assessments information provided by a financial institution that is confidential. 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 law enforcement officers to be trained under the memorandum. Prohibits an employer from knowingly employing, after June 30, 2009, 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 an administrative hearing to be conducted by an administrative law judge (ALJ) employed by the department. Allows an ALJ to order certain remedies if the ALJ determines an employer knowingly employed 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 complaint, knowing the complaint if 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. Allows a person to bring an action to compel a governmental body to comply with the prohibition. 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 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. Requires the commission on Hispanic/Latino affairs to study and submit a report to the legislative council on the: (1) requirements a person must meet to qualify for naturalization; and (2) the process by which United States citizenship is conferred upon a person. Establishes the immigration cost impact commission to study and file a report with the legislative council on certain financial and other issues related to illegal immigration. Appropriates: (1) $1,000,000 to the superintendent of the state police; (2) $500,000 to the attorney general; (3) $50,000 to the commission on Hispanic/Latino affairs; and (4) $50,000 to the immigration cost impact commission. Provides that an individual performing services for a contractor is considered to be an employee of the contractor, with certain exceptions. Provides for investigations of the employment relationship between an individual and a contractor by the department of labor, procedures to be followed for investigations, and for various civil penalties to be assessed by the department of labor for: (1) the failure to properly classify the individual; and (2) retaliation against certain persons. Provides that certain information pertaining to employee classification shared between several state agencies is confidential and may not be published or open to public inspection. Exempts money in health savings accounts from execution of certain judgments. Makes conforming amendments.
    Current Status:
     In Conference Committee
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