SB0190 Title 15 recodification. (Ford, Landske, Arnold, GiaQuinta)
Digest
Recodifies the law governing agriculture and animals. Changes references in provisions that cross-reference the law being recodified. Makes related changes. Repeals obsolete provisions. (The introduced version of this bill was prepared by the code revision commission.)
Date Action
02/25/2008 S: Signed By the President Pro Tem
SB0189 Various issues concerning agriculture and animals. (Ford, Landske, Arnold, GiaQuinta)
Digest
Removes the restriction that only counties that contain more than $20,000,000 in property tax value may make an allowance to an interstate fair corporation. Requires that the petition for an allowance for a tax levy to support county 4-H clubs be published in a newspaper in the county. (Current law requires that the petition be printed in a newspaper that is published and printed in the county.) Prohibits tampering or altering with an identification mark on goats and cervids that have reacted positively to a tuberculin test. Removes a conflicting provision that prohibits the state board of animal health from adopting rules to exempt certain testing requirements from animals that present little risk of spreading disease. Requires that certain persons who are not the owner of an animal but has reason to suspect that the animal has a dangerous, contagious, or infectious disease to make a report to the state veterinarian or local health officer within 48 hours. Provides that the stockholders or members of an agricultural cooperative created before February 23, 1925, by majority vote, may elect to be governed by certain agricultural cooperative laws by limiting its stockholders or membership. (Current law provides for a vote limiting only membership.) (The introduced version of this bill was prepared by the code revision commission.)
Date Action
02/28/2008 H: Ret 1st House Amendments
SB0314 Agriculture matters. (Ford, Pflum)
Digest
Changes the name of the department of agriculture to the Indiana state department of agriculture (department). Adds specific economic development efforts to be administered by the department. Requires the department to assist agricultural businesses in obtaining and preparing permits and serving as a liaison between the business and state and local government. Provides for the confidentiality of financial and application information obtained by the department that relates to economic development or promotion of agriculture and certain voluntary certification programs. Establishes duties for the director of the department concerning agricultural promotion, research, and international agricultural trade. Establishes duties for the director of the department concerning diversified farming. Makes changes to the commercial fertilizer law, including changing the definition of “blending” for fertilizers and adding a definition of “ammonium nitrate”. Makes it a Class A misdemeanor to knowingly or intentionally violate the commercial fertilizer law. Changes the membership of the fertilizer advisory board. Amends certain definitions concerning pesticide laws. Removes the specific volume requirement for exempted bulk pesticide containers. Removes certain pesticides from the list of restricted pesticides. Requires pesticide product applicants to comply with the pesticide product laws. Allows the state chemist to deny a pesticide product registration. Amends a pesticide product applicant’s and registrant’s right to a review of a state chemist’s action. Changes the membership of the pesticide review board (board). Allows the members to continue to serve until a successor is appointed and qualified. Provides that the board’s travel reimbursement must meet Purdue University’s travel policies. Allows the state chemist to have access to production records of pesticide products. Provides that the state chemist may refer violations to the prosecuting attorney. (Current law requires referral.) Amends the definition of “property” under pesticide use and application laws to include vehicles. Includes diagnostic inspections and determining infestations of wood destroying pests as qualifications to obtain a pesticide business license. Adds technician registrations to the licenses that are invalid if the business does not maintain financial responsibility. Prohibits: (1) verbal misrepresentations concerning the effect of pesticides; (2) using known ineffective amounts of pesticides; (3) refusing to supply the state chemist information during an investigation or inspection; (4) intentionally altering a license; (5) failing to provide proof of financial responsibility; and (6) impeding duties of the state chemist. Provides that assaulting the state chemist or the chemist’s agent while performing their duties is a Class A misdemeanor. Allows the state chemist to specify the time period certain pesticide records must be kept. Removes the 60 day time limit to file a claim from a pesticide accident and seven day notification of licensee’s after a accident claim is filed Repeals provisions concerning: (1) operation of livestock export inspection facilities; (2) livestock inspection fees; (3) livestock export facilities; (4) the livestock export facility administration fund; (5) the center for value added research; and (6) adoption of federal fruit grades, domestic grading of certain fruits, inspections, and penalties. Makes conforming and technical changes.
Date Action
02/28/2008 H: Ret 1st House Amendments
SB0335 Illegal alien matters. (Kruse, Delph, Boots, Tincher)
Digest
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 law enforcement officers 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 the training. Provides that a law enforcement officer certified as trained may enforce the federal immigration and customs laws. Prohibits an employer from knowingly hiring, after September 30, 2009, an unauthorized alien. Exempts certain utilities, hospitals, nonprofit organizations, and certain emergency medical transporters from this provision. Subject to availability of funds, 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 appropriate prosecuting attorney under certain conditions; and (4) maintain certain records of violation orders. 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. Authorizes a court to: (1) hold a hearing on an expedited basis; (2) if an employer knowingly employs an unauthorized alien, order the employer to terminate the employment of unauthorized aliens, order the employer to file a sworn affidavit, and place the employer on probation for three years; and (3) order agencies to suspend all licenses held by the employer for the operation of the business location until the affidavit is filed, if the employer fails to file a sworn affidavit. Provides that a court may: (1) suspend the licenses of an employer for a second violation not later than 10 years after the date of the initial violation; and (2) revoke all licenses of the employer for a third violation not later than 10 years after the initial violation. Provides that a trier of fact may consider only the federal government’s verification or status information in determining whether an individual is an unauthorized alien. Prohibits a prosecuting attorney from filing an action 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 or a prosecuting attorney. Provides that the suspension or revocation of a license does not relieve an employer from an obligation to withhold, collect, or pay income tax on wages. 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. Provides that: (1) a state agency or political subdivision may terminate a public contract for services if the contractor providing the services employs or contracts with unauthorized aliens unless the state or political subdivision determines that terminating the contract would be detrimental to the public interest or public property; 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. Makes it a: (1) Class A misdemeanor to transport or move; and (2) Class A misdemeanor to 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. Exempts from these criminal provisions, certain religious, health care, and legal services providers, and spouses from the criminal provisions. Makes these offenses a Class D felony (Class C felony for subsequent offenses): (1) for a subsequent offense; or (2) if the offense involves more than five 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.
Date Action
02/25/2008 H: Co Sponsor Added Scott Reske
Filed under: News
Immigration vote today puts House in spotlight
Immigration reform has never stood as good a chance for passage in Indiana as it does this year. Supporters say the difference is the legislation’s focus on business owners who profit from hiring illegal workers rather than a bill depriving individuals of social services.
http://www.indystar.com/apps/pbcs.dll/article?AID=/20080228/LOCAL/802280467/1304/LOCAL11
Skillman announces $350,000 in Clean Water Indiana grants
The Indiana State Department of Agriculture-Division of Soil Conservation (ISDA-DSC) and the State Soil Conservation Board (SSCB) have selected the 2008 recipients of the Clean Water Indiana Grants. A total of $350,000 will be awarded to Soil and Water Conservation Districts throughout Indiana to support local efforts for nutrient and sediment reduction. “These grants show a true investment in Indiana’s environment and public health,” said Lt. Governor Skillman. “Focusing these funds on conservation will help our state remain an attractive place for families to live and businesses to grow.”
http://www.farmersadvance.com/apps/pbcs.dll/article?AID=/20080227/NEWS/802270303/1001
Filed under: News
Indiana’s Largest Farm Group Has Issues With Tax Plan
Insiders in the field representing Indiana Farm Bureau and knowledgeable about what’s going on and not going on at the Statehouse in Indianapolis concerning property taxes are not smiling much these days. Word on the street is that whatever emerges will not be farmer friendly, to say the least. Apparently, the legislators are leaning toward catering toward homeowners, who vastly outnumber farmers as a voting block.
http://www.indianaprairiefarmer.com/index.aspx?ascxid=fpStory&fpsid=32422&fpstid=2
Crop questions take root Expo explores conservation, planting options for farmers
Some Indiana and Ohio farmers are wrestling with the question. Many farms include land that would be better left fallow because it borders waterways or is vulnerable to soil erosion. The federal Conservation Reserve Program even pays farmers to plant grass or trees rather than grain on environmentally sensitive land.
http://www.journalgazette.net/apps/pbcs.dll/article?AID=/20080225/BIZ/802250335
SB0189 Various issues concerning agriculture and animals. (Ford, Landske, Arnold, GiaQuinta)
Digest
Removes the restriction that only counties that contain more than $20,000,000 in property tax value may make an allowance to an interstate fair corporation. Requires that the petition for an allowance for a tax levy to support county 4-H clubs be published in a newspaper in the county. (Current law requires that the petition be printed in a newspaper that is published and printed in the county.) Prohibits tampering or altering with an identification mark on goats and cervids that have reacted positively to a tuberculin test. Removes a conflicting provision that prohibits the state board of animal health from adopting rules to exempt certain testing requirements from animals that present little risk of spreading disease. Requires that a person who is not the owner of an animal but has reason to suspect that the animal has a dangerous, contagious, or infectious disease to make a report to the state veterinarian or local health officer within 48 hours. Provides that the stockholders or members of an agricultural cooperative created before February 23, 1925, by majority vote, may elect to be governed by certain agricultural cooperative laws by limiting its stockholders or membership. (Current law provides for a vote limiting only membership.) (The introduced version of this bill was prepared by the code revision commission.)
Date Action
02/21/2008 H: Committee Report do pass, adopted
SB0314 Department of agriculture. (Ford, Pflum)
Digest
Changes the name of the department of agriculture to the Indiana state department of agriculture (department). Adds specific economic development efforts to be administered by the department. Requires the department to assist agricultural businesses in obtaining and preparing permits and serving as a liaison between the business and state and local government. Makes financial and application information obtained by the department that relates to economic development or promotion of agriculture confidential. Establishes duties for the director of the department concerning agricultural promotion, research, and international agricultural trade. Establishes duties for the director of the department concerning diversified farming. Repeals provisions concerning: (1) operation of livestock export inspection facilities; (2) livestock inspection fees; (3) livestock export facilities; (4) the livestock export facility administration fund; (5) the center for value added research; and (6) adoption of federal fruit grades, domestic grading of certain fruits, inspections, and penalties. Makes conforming changes.
Date Action
02/21/2008 H: Committee Report amend do pass, adopted
SB0190 Title 15 recodification. (Ford, Landske, Arnold, GiaQuinta)
Digest
Recodifies the law governing agriculture and animals. Changes references in provisions that cross-reference the law being recodified. Makes related changes. Repeals obsolete provisions. (The introduced version of this bill was prepared by the code revision commission.)
Date Action
02/18/2008 H: Ret 1st House No Amendments
SB0335 Illegal alien matters. (Kruse, Delph, Boots, Tincher)
Digest
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 law enforcement officers 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 the training. Provides that a law enforcement officer certified as trained may enforce the federal immigration and customs laws. Prohibits an employer from knowingly hiring, after September 30, 2009, an unauthorized alien. Exempts certain utilities, hospitals, nonprofit organizations, and certain emergency medical transporters from this provision. Subject to availability of funds, 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 appropriate prosecuting attorney under certain conditions; and (4) maintain certain records of violation orders. 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. Authorizes a court to: (1) hold a hearing on an expedited basis; (2) if an employer knowingly employs an unauthorized alien, order the employer to terminate the employment of unauthorized aliens, order the employer to file a sworn affidavit, and place the employer on probation for three years; and (3) order agencies to suspend all licenses held by the employer for the operation of the business location until the affidavit is filed, if the employer fails to file a sworn affidavit. Provides that a court may: (1) suspend the licenses of an employer for a second violation not later than 10 years after the date of the initial violation; and (2) revoke all licenses of the employer for a third violation not later than 10 years after the initial violation. Provides that a trier of fact may consider only the federal government’s verification or status information in determining whether an individual is an unauthorized alien. Prohibits a prosecuting attorney from filing an action 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 or a prosecuting attorney. Provides that the suspension or revocation of a license does not relieve an employer from an obligation to withhold, collect, or pay income tax on wages. 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. Provides that: (1) a state agency or political subdivision may terminate a public contract for services if the contractor providing the services employs or contracts with unauthorized aliens unless the state or political subdivision determines that terminating the contract would be detrimental to the public interest or public property; 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. Makes it a: (1) Class A misdemeanor to transport or move; and (2) Class A misdemeanor to 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. Exempts from these criminal provisions, certain religious, health care, and legal services providers, and spouses from the criminal provisions. Makes these offenses a Class D felony (Class C felony for subsequent offenses): (1) for a subsequent offense; or (2) if the offense involves more than five 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.
Date Action
02/18/2008 H: Committee Sched 10:00 AM Room House Chamber Public Policy
Filed under: News
USDA issues biggest beef recall ever
143 million pounds of frozen meat from supplier for school lunch programs
The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of frozen beef from a California slaughterhouse, the subject of an animal-abuse investigation, that provided meat to school lunch programs. Officials said it was the largest beef recall in the United States, surpassing a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.
http://www.pal-item.com/apps/pbcs.dll/article?AID=/20080218/NEWS01/80218001/1008
Illegal immigration on Senate agenda
A proposed crackdown on companies that hire illegal immigrants has emerged as a late-in-the-session controversy at the Indiana General Assembly. Although the 2008 short session has been dominated by haggling over property tax relief, some of the most heated debate came Wednesday, when the Indiana House Public Policy Committee heard the illegal immigration crackdown proposal, Senate Bill 335.
http://www.courierpress.com/news/2008/feb/18/illegal-immigration-on-senate-agenda
House lawmakers propose new version of farm bill
WASHINGTON House lawmakers are proposing a new version of a wide-ranging farm bill in an attempt to appease the White House, which had contended that the legislation was full of wasteful spending. House Agriculture Committee Chairman Collin Peterson, D-Minn., and Virginia Rep. Robert Goodlatte, the top Republican on the committee, are proposing stricter limits on subsidies paid to wealthy farmers and slashing extra spending for farm programs.
http://www.agweek.com/articles/index.cfm?id=11406§ion=news,farm&freebie_check&CFID=6636040&CFTOKEN=74128387&jsessionid=8830c0a651302a25484d
Filed under: News
Wheat Management in Indiana Herb Ohm and Jim Camberato Purdue University, Department of Agronomy
hohm@purdue.edu jcambera@purdue.edu
Given the recent high commodity prices, specifically wheat prices, it seems timely and useful to review/reconsider certain winter wheat management practices for Indiana. Wheat prices probably will not remain as high as currently, although it seems reasonable to expect prices to remain higher than in recent years, prior to December 2007. Sustained wheat prices above $4 certainly warrant ‘best management’ practices to maximize grain and straw productivity. Combining early-maturing, strong-strawed varieties, optimum and balanced nutrient fertilization and harvesting at 18 – 22 percent grain moisture should maximize wheat grain and straw production, grain quality, and expand doublecropping with soybean after wheat harvest farther northward than is currently practiced.
Seeding. Seeding at or in the week following the widely-used guideline of ‘Hessian fly-free’ date is useful. It is useful not only for avoiding infestation by Hessian fly, but more importantly to minimize fall infection of foliar diseases and yellow dwarf, which is transmitted by aphids that move from senescing corn and perennial grasses onto the emerging wheat. Seeding earlier than the fly-free date will increase the likelihood of getting too much growth of the wheat prior to onset of dormancy for the winter.
Fertilization. The current practice of typically applying 20 – 35 lb N at fall seeding is a good practice in most situations. Topdressing: one application of typically 90 – 100 lb N at mid- to late-February in southern Indiana to mid-March in northern Indiana is minimal for maximizing grain yield, especially considering current higher wheat prices. Producers should consider application of an additional 20 – 40 lb N as a second application in late- March in southern Indiana to mid-April in northern Indiana. Producers should avoid applying more than 100 lb N at one application in February – March, because with the normally high rainfall at this time of the season a significant portion of the N will likely be lost due to leaching. Generally, N applied early in the crop growth cycle will result in taller plants, and possibly more lodging, and N applied later in the crop growth cycle, especially after the boot stage, will result in higher grain nitrogen – not desirable in soft (pastry) wheat.
Irrigation. Rainfall in most seasons in Indiana is adequate to ample for excellent wheat yield. However, with high grain prices and short strong-strawed varieties, irrigation at critical growth stages is warranted. In some seasons hot and dry periods of two to several weeks can occur during the growing season. Irrigation at early boot stage to approximately 15 days after flowering can result in significantly increased grain yield and test weight in some years and especially on drought-prone soils.
Harvest. Wheat is typically harvested at 13 – 14 percent grain moisture – generally 15 – 25 June in southern Indiana to 10 – 20 July in northern Indiana. Many years this can be a rainy part of the season, delaying harvest and, consequentially reducing grain quality and even straw quality, in addition to limiting the opportunity of seeding soybeans immediately after wheat harvest. Wheat grain is physiologically mature at 35 percent moisture, meaning that no additional dry matter (yield) is produced in the wheat crop after the grain has dried to 35 percent moisture. If one were to harvest at 35 percent moisture, damage to the grain would be significant and the amount of energy required to dry it to 14 percent moisture for safe storage would be excessive. However, harvesting at 18 – 22 percent grain moisture, using a ‘stripper-header’ on the combine, and then drying the grain using air and minimal or no heat, would result in excellent grain quality. More importantly, one could typically harvest 7 to 10+ days earlier than at 14 percent moisture. Additionally, if one or more rainfalls were avoided by harvesting at the higher moisture, grain quality and test weight would be higher and delays in harvest would be avoided. Generally, after each rain and drying cycle after grain has dried to about 14 percent moisture, test weight is reduced by at least 0.5 lb per bushel. The earlier harvest date would also allow the practice of doublecropping farther northward in Indiana. One caution if heat is applied during grain drying is to not exceed 103oF, because wheat germination is easily decreased if subjected to temperatures above 105oF when the grain is high in moisture.
Wheat straw. Straw can be a significant component of the total wheat crop value. If wheat grain is harvested at 18 – 22 percent moisture, moisture content of the straw can be too high for immediate baling and storage without risk of becoming moldy. One can inject ammonia into the bales to prevent mold development and then store the bales in an environment in which they can dry naturally. Replacing the nutrients removed with straw baling can be a significant cost with the current high price of fertilizer. A ton of straw contains about 12 pounds of nitrogen, 3 pounds of P2O5 (phosphorus), and 26 pounds of K2O (potassium). About 100 pounds of straw are produced per bushel of grain, although typically only 2/3 of the total is baled. For a 70 bushel per acre wheat crop about 25, 6, and 56 pounds per acre of nitrogen, P2O5, and K2O would be removed from the field with baling. Potassium is readily leached from the straw so the more rain that falls on the residue the lower the amount of K2O remaining in the straw. This same article can also be viewed on our website at www.indianacrop.org.
SB0190 Title 15 recodification. (Ford, Landske, Arnold, GiaQuinta)
Digest
Recodifies the law governing agriculture and animals. Changes references in provisions that cross-reference the law being recodified. Makes related changes. Repeals obsolete provisions. (The introduced version of this bill was prepared by the code revision commission.)
Date Action
02/14/2008 H: 2nd Reading Order Engrossed
SB0189 Various issues concerning agriculture and animals. (Ford, Landske, Arnold, GiaQuinta)
Digest
Removes the restriction that only counties that contain more than $20,000,000 in property tax value may make an allowance to an interstate fair corporation. Requires that the petition for an allowance for a tax levy to support county 4-H clubs be published in a newspaper in the county. (Current law requires that the petition be printed in a newspaper that is published and printed in the county.) Prohibits tampering or altering with an identification mark on goats and cervids that have reacted positively to a tuberculin test. Removes a conflicting provision that prohibits the state board of animal health from adopting rules to exempt certain testing requirements from animals that present little risk of spreading disease. Requires that a person who is not the owner of an animal but has reason to suspect that the animal has a dangerous, contagious, or infectious disease to make a report to the state veterinarian or local health officer within 48 hours. Provides that the stockholders or members of an agricultural cooperative created before February 23, 1925, by majority vote, may elect to be governed by certain agricultural cooperative laws by limiting its stockholders or membership. (Current law provides for a vote limiting only membership.) (The introduced version of this bill was prepared by the code revision commission.)
Date Action
01/30/2008 H: 1st Reading Assigned Agriculture and Rural Development
SB0314 Department of agriculture. (Ford, Pflum)
Digest
Changes the name of the department of agriculture to the Indiana state department of agriculture (department). Adds specific economic development efforts to be administered by the department. Requires the department to assist agricultural businesses in obtaining and preparing permits and serving as a liaison between the business and state and local government. Makes financial and application information obtained by the department that relates to economic development or promotion of agriculture confidential. Establishes duties for the director of the department concerning agricultural promotion, research, and international agricultural trade. Establishes duties for the director of the department concerning diversified farming. Repeals provisions concerning: (1) operation of livestock export inspection facilities; (2) livestock inspection fees; (3) livestock export facilities; (4) the livestock export facility administration fund; (5) the center for value added research; and (6) adoption of federal fruit grades, domestic grading of certain fruits, inspections, and penalties. Makes conforming changes.
Date Action
02/12/2008 H: Co Sponsor Added Terry A. Goodin
SB0335 Illegal alien matters. (Kruse, Delph, Boots, Tincher)
Digest
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 law enforcement officers 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 the training. Provides that a law enforcement officer certified as trained may enforce the federal immigration and customs laws. Prohibits an employer from knowingly hiring, after September 30, 2009, an unauthorized alien. Exempts certain utilities, hospitals, nonprofit organizations, and certain emergency medical transporters from this provision. Subject to availability of funds, 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 appropriate prosecuting attorney under certain conditions; and (4) maintain certain records of violation orders. 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. Authorizes a court to: (1) hold a hearing on an expedited basis; (2) if an employer knowingly employs an unauthorized alien, order the employer to terminate the employment of unauthorized aliens, order the employer to file a sworn affidavit, and place the employer on probation for three years; and (3) order agencies to suspend all licenses held by the employer for the operation of the business location until the affidavit is filed, if the employer fails to file a sworn affidavit. Provides that a court may: (1) suspend the licenses of an employer for a second violation not later than 10 years after the date of the initial violation; and (2) revoke all licenses of the employer for a third violation not later than 10 years after the initial violation. Provides that a trier of fact may consider only the federal government’s verification or status information in determining whether an individual is an unauthorized alien. Prohibits a prosecuting attorney from filing an action 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 or a prosecuting attorney. Provides that the suspension or revocation of a license does not relieve an employer from an obligation to withhold, collect, or pay income tax on wages. 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. Provides that: (1) a state agency or political subdivision may terminate a public contract for services if the contractor providing the services employs or contracts with unauthorized aliens unless the state or political subdivision determines that terminating the contract would be detrimental to the public interest or public property; 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. Makes it a: (1) Class A misdemeanor to transport or move; and (2) Class A misdemeanor to 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. Exempts from these criminal provisions, certain religious, health care, and legal services providers, and spouses from the criminal provisions. Makes these offenses a Class D felony (Class C felony for subsequent offenses): (1) for a subsequent offense; or (2) if the offense involves more than five 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.
Date Action
02/18/2008 H: Committee Sched 10:00 AM Room House Chamber Public Policy
Filed under: Legislation
Indiana Seed Trade
SB 335 Illegal Alien Matters
Author: Senator Mike Delph (R)
Sponsor: Representative Vern Tincher (R)
Committee Hearing Recap
The Indiana House Public Policy Committee heard testimony regarding SB 335 today. Prior to testimony, Senator Delph explained the proposed legislation in depth. Chairman Van Haaften alternated the testimony between those in favor of the Bill and those opposed to the Bill. Committee members had numerous questions on how this legislation, as currently written, would affect Indiana businesses and their workforce.
Chairman Van Haaften did not take a vote on the bill. Members of the committee will consider the testimony in the next several days, and will review the legislation and any possible amendments before taking a vote at subsequent committee meeting.
Filed under: News
Indiana Farm Bureau lobbies to delay permanent property tax caps
Farmers support equal tax on all properties
Concerns about permanently establishing property tax caps in Indiana are growing this month, uniting farmers, school officials and mayors in a common cause. On Monday, the Indiana Farm Bureau Property Task Force urged legislators to abandon a constitutional amendment that would permanently establish the caps, at least until the impact on local governments and schools is known, said Paul Wiwi, Union County Farm Bureau president and task force member.
http://www.pal-item.com/apps/pbcs.dll/article?AID=/20080213/NEWS01/802130301/1008
Filed under: News
Immigration bill will see some changes
A state Senate bill cracking down on illegal immigration will begin its journey through the Indiana House on Wednesday — but not without some changes. Senate Bill 335 will be amended to include $1.5 million in appropriations for the attorney general and State Police to pay for preparation costs and added enforcement duties mandated under the proposed law.
http://www.indystar.com/apps/pbcs.dll/article?AID=/20080212/LOCAL/802120384/1006/LOCAL
Business As Usual Farm Bill Falls Short: Corn Growers
While Congress continues to debate the nation’s farm bill, the verdict is already in from Corn Growers who plainly state a farm bill without an optional “revenue-based” safety net is little better than no bill at all. “The business dynamic of agriculture Friday is completely different than even a few years ago, so Ag policy legislation should lead the way to make this a positive transition. Much of the farm bill as drafted puts window dressing on an outdated approach that serves neither corn growers nor the public well,” said Art Bunting, Illinois Corn Growers Association president.
http://www.indianaagconnection.com/story-regional.php?tble=OH2008&ID=107
