1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1021 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 23-0.5. |
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7 | 7 | | Synopsis: Training in human trafficking awareness. Requires a food |
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8 | 8 | | or lodging establishment to do the following: (1) Require each |
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9 | 9 | | employee of the food or lodging establishment to annually complete a |
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10 | 10 | | training course offered by the United States Department of Homeland |
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11 | 11 | | Security in recognizing and responding to human trafficking (training |
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12 | 12 | | requirement). (2) Maintain for each employee a written record of the |
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13 | 13 | | title and date of completion of each training course completed by the |
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14 | 14 | | employee (training records). (3) Include in the food or lodging |
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15 | 15 | | establishment's biennial report to the secretary of state an attestation |
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16 | 16 | | that the food or lodging establishment has complied with the training |
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17 | 17 | | requirement in each of the two years covered by the report. (4) Post in |
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18 | 18 | | a location in the food or lodging establishment that is readily accessible |
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19 | 19 | | by all employees of the food or lodging establishment a conspicuous |
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20 | 20 | | written notice: (A) asking employees to report suspected human |
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21 | 21 | | trafficking; and (B) providing contact information for state and federal |
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22 | 22 | | agencies to which suspected human trafficking can be reported. |
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23 | 23 | | Provides that the office of the secretary of state may audit the training |
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24 | 24 | | records of a food or lodging establishment to verify the food or lodging |
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25 | 25 | | establishment's attestation regarding the training requirement in the |
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26 | 26 | | food or lodging establishment's biennial report. |
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27 | 27 | | Effective: July 1, 2025. |
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28 | 28 | | Haggard |
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29 | 29 | | January 8, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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30 | 30 | | 2025 IN 1021—LS 6323/DI 119 Introduced |
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31 | 31 | | First Regular Session of the 124th General Assembly (2025) |
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32 | 32 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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33 | 33 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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34 | 34 | | additions will appear in this style type, and deletions will appear in this style type. |
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35 | 35 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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36 | 36 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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37 | 37 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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38 | 38 | | a new provision to the Indiana Code or the Indiana Constitution. |
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39 | 39 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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40 | 40 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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41 | 41 | | HOUSE BILL No. 1021 |
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42 | 42 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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43 | 43 | | business and other associations. |
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44 | 44 | | Be it enacted by the General Assembly of the State of Indiana: |
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45 | 45 | | 1 SECTION 1. IC 23-0.5-2-13, AS AMENDED BY P.L.52-2018, |
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46 | 46 | | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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47 | 47 | | 3 JULY 1, 2025]: Sec. 13. (a) A domestic filing entity or registered |
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48 | 48 | | 4 foreign entity shall deliver to the secretary of state for filing a biennial |
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49 | 49 | | 5 report that: |
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50 | 50 | | 6 (1) states: |
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51 | 51 | | 7 (1) (A) the name of the entity and, if a registered foreign |
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52 | 52 | | 8 entity, its jurisdiction of formation; |
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53 | 53 | | 9 (2) (B) the information required by IC 23-0.5-4-3(b); |
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54 | 54 | | 10 (3) (C) the street address of the entity's principal office; |
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55 | 55 | | 11 (4) (D) for a corporation, the names and business addresses of |
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56 | 56 | | 12 its directors, secretary, and the highest executive office of the |
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57 | 57 | | 13 corporation; and |
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58 | 58 | | 14 (5) (E) for a nonprofit corporation, the names and business or |
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59 | 59 | | 15 resident addresses of its directors, secretary, and highest |
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60 | 60 | | 16 executive office; and |
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61 | 61 | | 17 (2) if the entity is a food or lodging establishment (as defined |
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62 | 62 | | 2025 IN 1021—LS 6323/DI 119 2 |
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63 | 63 | | 1 in IC 23-0.5-10-1), includes the attestation required under |
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64 | 64 | | 2 IC 23-0.5-10-5. |
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65 | 65 | | 3 (b) Information in a biennial report must be current as of the date |
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66 | 66 | | 4 the report is signed by the entity. |
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67 | 67 | | 5 (c) The biennial report must be delivered to the secretary of state for |
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68 | 68 | | 6 filing every two (2) calendar years on a schedule determined by the |
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69 | 69 | | 7 secretary of state. The secretary of state may accept biennial reports |
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70 | 70 | | 8 during the ninety (90) days before the month in which the biennial |
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71 | 71 | | 9 report is due. |
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72 | 72 | | 10 (d) If a biennial report does not contain the information required by |
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73 | 73 | | 11 this section, the secretary of state promptly shall notify the reporting |
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74 | 74 | | 12 entity in a record and return the report for correction. If the report is |
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75 | 75 | | 13 corrected to contain the information required by this section and |
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76 | 76 | | 14 delivered to the secretary of state within thirty (30) days after the |
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77 | 77 | | 15 effective date of notice, the report is considered to be timely filed. |
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78 | 78 | | 16 (e) If a biennial report contains information required by |
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79 | 79 | | 17 IC 23-0.5-4-3(b) which differs from the information shown in the |
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80 | 80 | | 18 records of the secretary of state immediately before the report becomes |
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81 | 81 | | 19 effective, the differing information is considered a statement of change |
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82 | 82 | | 20 under IC 23-0.5-4-7. |
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83 | 83 | | 21 (f) A biennial report filed under this section may not specify a future |
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84 | 84 | | 22 effective date. |
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85 | 85 | | 23 (g) The office of the secretary of state may audit the records |
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86 | 86 | | 24 required to be kept by a food or lodging establishment under |
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87 | 87 | | 25 IC 23-0.5-10-5(a)(2) to confirm the veracity of the attestation of the |
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88 | 88 | | 26 food or lodging establishment under subsection (a)(2). |
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89 | 89 | | 27 SECTION 2. IC 23-0.5-10 IS ADDED TO THE INDIANA CODE |
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90 | 90 | | 28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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91 | 91 | | 29 JULY 1, 2025]: |
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92 | 92 | | 30 Chapter 10. Food and Lodging Employee Training in |
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93 | 93 | | 31 Recognizing Human Trafficking |
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94 | 94 | | 32 Sec. 1. As used in this chapter, "food or lodging establishment" |
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95 | 95 | | 33 means an entity that is authorized to do business in Indiana as a: |
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96 | 96 | | 34 (1) retail food establishment; or |
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97 | 97 | | 35 (2) lodging provider. |
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98 | 98 | | 36 Sec. 2. As used in this chapter, "human trafficking" means |
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99 | 99 | | 37 conduct that constitutes: |
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100 | 100 | | 38 (1) an offense under IC 35-42-3.5 (human and sexual |
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101 | 101 | | 39 trafficking); |
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102 | 102 | | 40 (2) an offense under the laws of: |
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103 | 103 | | 41 (A) the United States; |
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104 | 104 | | 42 (B) another state; or |
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105 | 105 | | 2025 IN 1021—LS 6323/DI 119 3 |
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106 | 106 | | 1 (C) an Indian tribe; |
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107 | 107 | | 2 that is substantially similar to an offense described in |
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108 | 108 | | 3 subdivision (1); or |
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109 | 109 | | 4 (3) an attempt or conspiracy to engage in conduct described |
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110 | 110 | | 5 in subdivision (1) or (2); |
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111 | 111 | | 6 regardless of whether the conduct results in criminal prosecution |
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112 | 112 | | 7 or whether the person who engages in the conduct is an adult. |
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113 | 113 | | 8 Sec. 3. (a) As used in this chapter, "lodging provider" means a |
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114 | 114 | | 9 person engaged in the business of renting or furnishing |
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115 | 115 | | 10 accommodations for human habitation to individuals for periods |
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116 | 116 | | 11 of less than thirty (30) days. |
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117 | 117 | | 12 (b) The term includes a hotel, motel, motor court, lodge, inn, or |
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118 | 118 | | 13 bed and breakfast establishment. |
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119 | 119 | | 14 Sec. 4. As used in this chapter, "retail food establishment" |
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120 | 120 | | 15 means a person engaged in the business of: |
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121 | 121 | | 16 (1) preparing food for human consumption; and |
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122 | 122 | | 17 (2) selling food prepared by the person as described in |
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123 | 123 | | 18 subdivision (1); |
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124 | 124 | | 19 that is required to be registered with the Indiana department of |
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125 | 125 | | 20 health or an authorized representative of the Indiana department |
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126 | 126 | | 21 of health under 410 IAC 7-24-107. |
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127 | 127 | | 22 Sec. 5. (a) A food or lodging establishment shall: |
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128 | 128 | | 23 (1) require each employee of the food or lodging establishment |
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129 | 129 | | 24 to annually complete a training course offered by the United |
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130 | 130 | | 25 States Department of Homeland Security in recognizing and |
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131 | 131 | | 26 responding to human trafficking; and |
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132 | 132 | | 27 (2) maintain for each employee of the food or lodging |
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133 | 133 | | 28 establishment, for the duration of the employee's employment |
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134 | 134 | | 29 with the food or lodging establishment, a written record of: |
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135 | 135 | | 30 (A) the title of each training course described in |
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136 | 136 | | 31 subdivision (1) completed by the employee; and |
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137 | 137 | | 32 (B) the date on which the employee completed the training |
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138 | 138 | | 33 course described in clause (A). |
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139 | 139 | | 34 (b) A food or lodging establishment shall include in the food or |
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140 | 140 | | 35 lodging establishment's biennial report under IC 23-0.5-2-13 an |
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141 | 141 | | 36 attestation that the entity has complied with subsection (a) in each |
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142 | 142 | | 37 of the two (2) years covered by the report. |
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143 | 143 | | 38 Sec. 6. A food or lodging establishment shall post in a location |
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144 | 144 | | 39 in the food or lodging establishment that is readily accessible by all |
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145 | 145 | | 40 employees of the food or lodging establishment a conspicuous |
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146 | 146 | | 41 written notice: |
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147 | 147 | | 42 (1) asking employees to report suspected human trafficking; |
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148 | 148 | | 2025 IN 1021—LS 6323/DI 119 4 |
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149 | 149 | | 1 and |
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150 | 150 | | 2 (2) providing contact information for state and federal |
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151 | 151 | | 3 agencies to which suspected human trafficking can be |
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152 | 152 | | 4 reported. |
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153 | 153 | | 2025 IN 1021—LS 6323/DI 119 |
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