| 3 | 3 | | SENATE BILL No. 178 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF SB 178 (Updated February 21, 2023 10:47 am - DI 151) |
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| 6 | 6 | | Citations Affected: IC 5-2. |
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| 7 | 7 | | Synopsis: Citizenship and immigration status. Provides that, if the |
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| 8 | 8 | | attorney general determines probable cause exists, the attorney general, |
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| 9 | 9 | | rather than any person lawfully domiciled in Indiana, may bring an |
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| 10 | 10 | | action to compel a governmental body or postsecondary educational |
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| 11 | 11 | | institution to comply with statutes requiring cooperation with federal |
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| 12 | 12 | | immigration officials. Requires a court to apply a preponderance of the |
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| 13 | 13 | | evidence standard to enjoin the violation of those statutes. |
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| 14 | 14 | | Effective: July 1, 2023. |
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| 15 | 15 | | Koch |
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| 16 | 16 | | January 9, 2023, read first time and referred to Committee on Homeland Security and |
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| 17 | 17 | | Transportation. |
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| 18 | | - | February 21, 2023, amended, reported favorably — Do Pass. Reassigned to Committee on |
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| 19 | | - | Rules and Legislative Procedure pursuant to Rule 68(b). |
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| 20 | | - | February 23, 2023, committee report adopted pursuant to Rule 66(b). |
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| 21 | | - | SB 178—LS 6234/DI 110 February 24, 2023 |
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| 18 | + | February 21, 2023, amended, reported favorably — Do Pass. |
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| 19 | + | SB 178—LS 6234/DI 110 February 22, 2023 |
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| 22 | 20 | | First Regular Session of the 123rd General Assembly (2023) |
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| 23 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 24 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 25 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 26 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 27 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 28 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 29 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 30 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 31 | 29 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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| 32 | 30 | | SENATE BILL No. 178 |
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| 33 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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| 34 | 32 | | and local administration. |
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| 35 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 36 | 34 | | 1 SECTION 1. IC 5-2-18.2-5, AS AMENDED BY P.L.265-2017, |
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| 37 | 35 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 38 | 36 | | 3 JULY 1, 2023]: Sec. 5. If the attorney general determines that |
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| 39 | 37 | | 4 probable cause exists that a governmental body or a postsecondary |
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| 40 | 38 | | 5 educational institution violates has violated this chapter, a person |
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| 41 | 39 | | 6 lawfully domiciled in Indiana the attorney general may bring an |
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| 42 | 40 | | 7 action to compel the governmental body or postsecondary educational |
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| 43 | 41 | | 8 institution to comply with this chapter. |
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| 44 | 42 | | 9 SECTION 2. IC 5-2-18.2-6, AS AMENDED BY P.L.265-2017, |
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| 45 | 43 | | 10 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 46 | 44 | | 11 JULY 1, 2023]: Sec. 6. If a court finds by a preponderance of the |
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| 47 | 45 | | 12 evidence that a governmental body or postsecondary educational |
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| 48 | 46 | | 13 institution knowingly or intentionally violated section 3 or 4 of this |
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| 49 | 47 | | 14 chapter, the court shall enjoin the violation. |
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| 50 | 48 | | SB 178—LS 6234/DI 110 2 |
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| 51 | 49 | | COMMITTEE REPORT |
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| 52 | 50 | | Madam President: The Senate Committee on Homeland Security |
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| 53 | 51 | | and Transportation, to which was referred Senate Bill No. 178, has had |
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| 54 | 52 | | the same under consideration and begs leave to report the same back |
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| 55 | 53 | | to the Senate with the recommendation that said bill be AMENDED as |
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| 56 | 54 | | follows: |
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| 57 | 55 | | Delete the title and insert the following: |
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| 58 | 56 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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| 59 | 57 | | and local administration. |
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| 60 | 58 | | Delete everything after the enacting clause and insert the following: |
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| 61 | 59 | | (SEE TEXT OF BILL) |
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| 62 | 60 | | and when so amended that said bill do pass. |
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| 63 | 61 | | (Reference is to SB 178 as introduced.) |
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| 64 | 62 | | CRIDER, Chairperson |
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| 65 | 63 | | Committee Vote: Yeas 6, Nays 1. |
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| 66 | | - | _____ |
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| 67 | | - | REPORT OF THE PRESIDENT |
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| 68 | | - | PRO TEMPORE |
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| 69 | | - | Madam President: Pursuant to Senate Rule 68(b), I hereby report |
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| 70 | | - | that, subsequent to the adoption of the Committee Report on February |
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| 71 | | - | 21, 2023, Senate Bill 178 was reassigned to the Committee on Rules |
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| 72 | | - | and Legislative Procedure. |
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| 73 | | - | BRAY |
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| 74 | | - | _____ |
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| 75 | | - | COMMITTEE REPORT |
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| 76 | | - | Madam President: The Senate Committee on Rules and Legislative |
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| 77 | | - | Procedure, to which was referred Senate Bill 178 pursuant to Senate |
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| 78 | | - | Rule 66(b), has had the same under consideration and begs leave to |
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| 79 | | - | report back to the Senate that Senate Bill 178 is approved as amended |
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| 80 | | - | by the Committee on Homeland Security and Transportation. |
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| 81 | | - | BRAY, Chair |
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