Indiana 2025 Regular Session

Indiana House Bill HB1531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1531.2
2		-	Reprinted
3		-	February 20, 2025
	1	+	HB1531.1
	2	+	February 17, 2025
4	3		HOUSE BILL No. 1531
5	4		_____
6		-	DIGEST OF HB 1531 (Updated February 19, 2025 4:32 pm - DI ~~153~~)
	5	+	DIGEST OF HB 1531 (Updated February 17, 2025 2:10 pm - DI 107)
7	6		Citations Affected: IC 4-6; IC 5-2; IC 6-3; IC 12-8; IC 22-5;
8	7		IC 32-30; IC 34-30.
9	8		Synopsis: Various immigration matters. Provides that if a law
10	9		enforcement officer, governmental body, or a postsecondary
11	10		educational institution is made a party to a civil suit and the attorney
12	11		general determines that the suit has arisen out of certain acts, the
13	12		attorney general shall defend the law enforcement officer, the
14	13		governmental body, or the postsecondary educational institution
15	14		throughout the action. Clarifies that the enforcement of federal
16	15		immigration laws may be carried out by federal, state, or local law
17	16		enforcement. Removes the mens rea standard in the statute concerning
18	17		governmental entities or postsecondary institutions violating the
19	18		citizenship and immigration status information and enforcement of
20	19		federal laws chapter. Provides that a governmental body that has the
21	20		custody of an individual who is the subject of an immigration detainer
22	21		request shall: (1) provide the judge authorized to grant or deny the
23	22		individual's release on bail notice that the individual is subject to an
24	23		immigration detainer request; (2) record in the individual's case file
25	24		that the individual is subject to an immigration detainer request; (3)
26	25		comply with the immigration detainer request; and (4) inform the
27	26		individual that the individual is being held pursuant to an immigration
28	27		detainer request. Provides immunity to a governmental body or an
29	28		employee of a governmental body for any action taken concerning an
30	29		immigration detainer request. Provides that if the attorney general
	30	+	determines that probable cause exists that a governmental entity has
	31	+	not complied with an immigration detention request, the attorney
	32	+	general may bring a court action to: (1) enjoin an act or practice
31	33		(Continued next page)
32	34		Effective: Upon passage; July 1, 2025.
33	35		Prescott, Jeter, Davis, Bascom
34	36		January 21, 2025, read first time and referred to Committee on Judiciary.
35	37		February 17, 2025, amended, reported — Do Pass.
36		-	February 19, 2025, read second time, amended, ordered engrossed.
37	38		HB 1531—LS 7716/DI 107 Digest Continued
38		-	determines that probable cause exists that a governmental entity has
39		-	not complied with an immigration detention request, the attorney
40		-	general may bring a court action to: (1) enjoin an act or practice
41	39		constituting a violation of an immigration detention request; and (2)
42	40		impose a civil penalty for noncompliance with an immigration
43	41		detention request. Provides that if the attorney general determines a
44	42		governmental body did not comply with an immigration detention
45	43		order, upon the advice of the attorney general, the governor may order
46	44		that state funding and grants be withheld to the governmental body for
47	45		up to one year. Requires a judge who receives notice that an individual
48	46		is subject to an immigration detainer request to ensure that the notice
49	47		of the immigration detainer request is recorded in the court's record.
50	48		Prohibits an employer from knowingly or intentionally recruiting,
51	49		hiring, or employing an unauthorized alien. Provides that if the attorney
52	50		general determines that probable causes exists that an employer has
53	51		recruited, hired, or employed an unauthorized alien, the attorney
54	52		general may enjoin the action and seek the suspension of the
55	53		employer's operating authorizations. Requires a parole sponsor to
56	54		submit certain information to the state department of revenue annually.
57	55		Provides that the state department of revenue shall retain the
58	56		information submitted by parole sponsors and may share the
59	57		information with the attorney general. Provides that a governmental
60	58		entity that employs a prosecuting official is entitled to investigative
61	59		costs and costs in an indecent nuisance action.
62		-	HB 1531—LS 7716/DI 107HB 1531—LS 7716/DI 107 Reprinted
63		-	February 20, 2025
	60	+	HB 1531—LS 7716/DI 107HB 1531—LS 7716/DI 107 February 17, 2025
64	61		First Regular Session of the 124th General Assembly (2025)
65	62		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
66	63		Constitution) is being amended, the text of the existing provision will appear in this style type,
67	64		additions will appear in this style type, and deletions will appear in this style type.
68	65		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
69	66		provision adopted), the text of the new provision will appear in this style type. Also, the
70	67		word NEW will appear in that style type in the introductory clause of each SECTION that adds
71	68		a new provision to the Indiana Code or the Indiana Constitution.
72	69		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
73	70		between statutes enacted by the 2024 Regular Session of the General Assembly.
74	71		HOUSE BILL No. 1531
75	72		A BILL FOR AN ACT to amend the Indiana Code concerning state
76	73		and local administration.
77	74		Be it enacted by the General Assembly of the State of Indiana:
78	75		1 SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.184-2023,
79	76		2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
80	77		3 JULY 1, 2025]: Sec. 1.5. (a) Whenever any state governmental official
81	78		4 or employee, whether elected or appointed, is made a party to a suit,
82	79		5 and the attorney general determines that said suit has arisen out of an
83	80		6 act which such official or employee in good faith believed to be within
84	81		7 the scope of the official's or employee's duties as prescribed by statute
85	82		8 or duly adopted regulation, the attorney general shall defend such
86	83		9 person throughout such action.
87	84		10 (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
88	85		11 party to a civil suit, and the attorney general determines that the suit
89	86		12 has arisen out of an act that the teacher in good faith believed was
90	87		13 within the scope of the teacher's duties in enforcing discipline policies
91	88		14 developed under IC 20-33-8-12, the attorney general shall defend the
92	89		15 teacher throughout the action.
93	90		HB 1531—LS 7716/DI 107 2
94	91		1 (c) Not later than July 30 of each year, the attorney general, in
95	92		2 consultation with the Indiana education employment relations board
96	93		3 established in IC 20-29-3-1, shall draft and disseminate a letter by first
97	94		4 class mail to the residence of teachers providing a summary of the
98	95		5 teacher's rights and protections under state and federal law, including
99	96		6 a teacher's rights and protections relating to the teacher's performance
100	97		7 evaluation under IC 20-28-11.5.
101	98		8 (d) The department of education, in consultation with the Indiana
102	99		9 education employment relations board, shall develop a method to
103	100		10 provide the attorney general with the names and addresses of active
104	101		11 teachers in Indiana in order for the attorney general to disseminate the
105	102		12 letter described in subsection (c). Names and addresses collected and
106	103		13 provided to the attorney general under this subsection are confidential
107	104		14 and excepted from public disclosure as provided in IC 5-14-3-4.
108	105		15 (e) Whenever a school corporation (as defined in IC 20-26-2-4) is
109	106		16 made a party to a civil suit and the attorney general determines that the
110	107		17 suit has arisen out of an act authorized under IC 20-30-5-0.5 or
111	108		18 IC 20-30-5-4.5, the attorney general shall defend the school corporation
112	109		19 throughout the action.
113	110		20 (f) Whenever a law enforcement officer (as defined in
114	111		21 IC 5-2-18.2-2), governmental body (as defined in IC 5-2-18.2-1), or
115	112		22 a postsecondary educational institution (as defined in
116	113		23 IC 5-2-18.2-2.2) is made a party to a civil suit and the attorney
117	114		24 general determines that the suit has arisen out of an act authorized
118	115		25 or required by IC 5-2-18.2, the attorney general shall defend the
119	116		26 law enforcement officer, the governmental body, or the
120	117		27 postsecondary educational institution throughout the action.
121	118		28 (f) (g) As used in this subsection, "bridge authority" refers to the
122	119		29 New Harmony and Wabash River bridge authority established by
123	120		30 IC 8-16-15.5-2. Whenever:
124	121		31 (1) the bridge authority;
125	122		32 (2) a member of the bridge authority;
126	123		33 (3) an officer of the bridge authority; or
127	124		34 (4) an employee of the bridge authority;
128	125		35 is made a party to a civil suit and the attorney general determines that
129	126		36 the suit has arisen out of an act or omission of any person described in
130	127		37 subdivision (1), (2), (3), or (4), that is authorized or required under
131	128		38 IC 8-16-15.5 or any other law, the attorney general shall defend that
132	129		39 person throughout the action.
133	130		40 (g) (h) A determination by the attorney general under subsection (a),
134	131		41 (b), (e), or (f), or (g) shall not be admitted as evidence in the trial of
135	132		42 any such civil action for damages.
136	133		HB 1531—LS 7716/DI 107 3
137	134		1 (h) (i) Nothing in this chapter shall be construed to deprive any such
138	135		2 person of the person's right to select counsel of the person's own choice
139	136		3 at the person's own expense.
140	137		4 SECTION 2. IC 5-2-18.2-1.7 IS ADDED TO THE INDIANA
141	138		5 CODE AS A NEW SECTION TO READ AS FOLLOWS
142	139		6 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter,
143	140		7 "immigration detainer request" means a request issued by an
144	141		8 authorized immigration officer to a law enforcement agency to
145	142		9 detain an individual pursuant to 8 CFR 287.7.
146	143		10 SECTION 3. IC 5-2-18.2-4, AS AMENDED BY P.L.265-2017,
147	144		11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
148	145		12 UPON PASSAGE]: Sec. 4. A governmental body or a postsecondary
149	146		13 educational institution may not limit or restrict the enforcement of
150	147		14 federal immigration laws, regardless of whether the enforcement is
151	148		15 carried out by a federal, state, or local law enforcement agency, to
152	149		16 less than the full extent permitted by federal law.
153	150		17 SECTION 4. IC 5-2-18.2-5, AS AMENDED BY P.L.76-2024,
154	151		18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155	152		19 JULY 1, 2025]: Sec. 5. (a) If the attorney general determines that
156	153		20 probable cause exists that a governmental body or a postsecondary
157	154		21 educational institution has violated this chapter, the attorney general
158	155		22 shall bring an action to compel the governmental body or
159	156		23 postsecondary educational institution to comply with this chapter.
160	157		24 (b) If the attorney general determines that probable cause exists
161	158		25 that a governmental body has not complied with section 9 of this
162	159		26 chapter, the attorney general may bring an action to:
163	160		27 (1) enjoin an act or a practice constituting a violation; and
164	161		28 (2) impose a civil penalty of ten thousand dollars ($10,000) for
165	162		29 each violation.
166	163		30 (c) The attorney general shall transfer all penalties collected
167	164		31 under this chapter to the treasurer of state for deposit in the state
168	165		32 general fund.
169	166		33 (d) If in an action taken under subsection (b), a governmental
170	167		34 body is found to have violated section 9 of this chapter, the
171	168		35 governor may, upon the advice of the attorney general, withhold
172	169		36 any grants or state funding to the governmental body for a period
173	170		37 not to exceed one (1) year.
174	171		38 SECTION 5. IC 5-2-18.2-6, AS AMENDED BY P.L.76-2024,
175	172		39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176	173		40 UPON PASSAGE]: Sec. 6. (a) If a court finds by a preponderance of
177	174		41 the evidence that a governmental body or postsecondary educational
178	175		42 institution knowingly or intentionally violated this chapter, the court
179	176		HB 1531—LS 7716/DI 107 4
180	177		1 shall enjoin the violation.
181	178		2 (b) This section expires June 30, 2025.
182	179		3 SECTION 6. IC 5-2-18.2-6.1 IS ADDED TO THE INDIANA
183	180		4 CODE AS A NEW SECTION TO READ AS FOLLOWS
184	181		5 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) If a court finds by a
185	182		6 preponderance of the evidence that a governmental body or
186	183		7 postsecondary educational institution violated section 3 or 4 of this
187	184		8 chapter, the court shall enjoin the violation.
188	185		9 (b) If a court finds by a preponderance of the evidence that a
189	186		10 governmental body or a postsecondary educational institution
190	187		11 violated section 9 of this chapter, the court shall:
191	188		12 (1) enjoin the violation; and
192	189		13 (2) grant the relief for a violation provided by section 5(b) of
193	190		14 this chapter.
194	191		15 SECTION 7. IC 5-2-18.2-9 IS ADDED TO THE INDIANA CODE
195	192		16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
196	193		17 1, 2025]: Sec. 9. (a) Except as provided in subsection (b), a
197	194		18 governmental body that has custody of an individual who is the
198	195		19 subject an immigration detainer request shall:
199	196		20 (1) provide to the judge authorized to grant or deny the
200	197		21 individual's release on bail under IC 35-33-8-3.2 notice that
201	198		22 the individual is subject to an immigration detainer request;
202	199		23 (2) record in the individual's case file that the individual is
203	200		24 subject to an immigration detainer request;
204	201		25 (3) comply with all requests made in the immigration detainer
205	202		26 request; and
206	203		27 (4) inform the individual that the individual is being held
207	204		28 pursuant to an immigration detainer request issued by an
208	205		29 authorized immigration officer.
209	206		30 (b) If an individual who is the subject of an immigration
210	207		31 detainer request presents to the governmental body a United States
211	208		32 passport or a birth certificate issued in the United States, the
212	209		33 governmental body shall contact the authorized immigration
213	210		34 officer to determine whether the individual is a citizen of the
214	211		35 United States.
215	212		36 (c) A governmental body or an employee of a governmental
216	213		37 body is not criminally or civilly liable for any action taken in
217	214		38 compliance with an immigration detainer request under this
218	215		39 section.
219	216		40 SECTION 8. IC 5-2-18.2-10 IS ADDED TO THE INDIANA CODE
220	217		41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
221	218		42 1, 2025]: Sec. 10. A judge who receives notice under section 9 of
222	219		HB 1531—LS 7716/DI 107 5
223	220		1 this chapter that an individual is subject to an immigration
224	221		2 detainer request shall ensure that the notice of the immigration
225	222		3 detainer request is recorded in the court's record, regardless of
226	223		4 whether the notice was received before or after a judgment in a
227	224		5 case.
228	225		6 SECTION 9. IC 6-3-7-6 IS ADDED TO THE INDIANA CODE AS
229	226		7 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
230	227		8 2025]: Sec. 6. (a) As used in this section, "parole sponsor" means
231	228		9 a person who has submitted a Form I-134A Online Request to be
232	229		10 a Supporter and Declaration of Financial Support to the United
233	230		11 States Citizenship and Immigration Services on behalf of an
234	231		12 individual intending to:
235	232		13 (1) be paroled into the United States under Section 212(d)(5)
236	233		14 of the Immigration and Nationality Act; and
237	234		15 (2) reside in Indiana.
238	235		16 (b) The state department of revenue shall prescribe a form for
239	236		17 a parole sponsor to file under this section. The form must:
240	237		18 (1) request:
241	238		19 (A) a copy of all Forms I-134A that the parole sponsor has
242	239		20 filed with the United States Citizenship and Immigration
243	240		21 Services for the preceding two (2) years; and
244	241		22 (B) a copy of all supporting documentation that the parole
245	242		23 sponsor submitted to the United States Citizenship and
246	243		24 Immigration Services for the preceding two (2) years
247	244		25 concerning Forms 1-134A; and
248	245		26 (2) include an attestation confirming the accuracy of the
249	246		27 submissions and representations made to the United States
250	247		28 Citizenship and Immigration Services in the Form I-134.
251	248		29 (c) A parole sponsor shall submit the form and requested
252	249		30 information described in subsection (b) to the department on April
253	250		31 15 of each year.
254	251		32 (d) The department shall keep all materials received under this
255	252		33 section on file and shall share the materials with the attorney
256	253		34 general upon the attorney general's request.
257	254		35 SECTION 10. IC 12-8-1.5-21 IS ADDED TO THE INDIANA
258	255		36 CODE AS A NEW SECTION TO READ AS FOLLOWS
259	256		37 [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) Upon the request of a
260	257		38 member of the general assembly or a state officer (as defined in
261	258		39 IC 4-2-6-1(a)(19)), the office of the secretary shall provide:
262	259		40 (1) except as provided in subsection (b), data regarding the
263	260		41 number of individuals in Indiana who:
264	261		42 (A) are not citizens of the United States; and
265	262		HB 1531—LS 7716/DI 107 6
266	263		1 (B) are enrolled in or receiving benefits under:
267	264		2 (i) IC 12-10-6;
268	265		3 (ii) IC 12-13;
269	266		4 (iii) IC 12-14;
270	267		5 (iv) IC 12-15; and
271	268		6 (v) IC 12-19; and
272	269		7 (2) the immigration status of each individual described in
273	270		8 subdivision (1).
274	271		9 (b) The data described in subsection (a) does not include
275	272		10 individually identifiable health information as defined in 42 U.S.C.
276	273		11 1320d(6).
277	274		12 SECTION 11. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
278	275		13 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
279	276		14 1, 2025]:
280	277		15 Chapter 9. Employment of Unauthorized Aliens
281	278		16 Sec. 1. As used in this chapter, "agency" means any state or
282	279		17 local administration, agency, authority, board, bureau,
283	280		18 commission, committee, council, department, division, institution,
284	281		19 office, service, or other similar body of government created or
285	282		20 established by law that issues any form of operating authorization
286	283		21 that is used to engage in commerce in Indiana or in a county, city,
287	284		22 town, or township located in Indiana.
288	285		23 Sec. 2. As used in this chapter, "employee" means an individual
289	286		24 who is employed by an employer, including an individual who is
290	287		25 suffered or permitted to work.
291	288		26 Sec. 3. As used in this chapter, "employer" means a person,
292		-	27 including an agent, that employs ~~at least ten (10) employees~~ in
293		-	28 ~~Indiana~~.
294		-	29 ~~Sec. 4.~~ ~~As used in this chapter~~, ~~"employ" means to engage the~~
295		-	30 ~~services~~ or ~~labor of an individual for wages or other remuneration,~~
296		-	31 ~~including to suffer or permit to work.~~
297		-	32 ~~Sec. 5. As used in this chapter~~, ~~"operating authorization"~~ ~~means~~
298		-	33 ~~a license~~, ~~permit, certificate,~~ ~~approval, registration,~~ ~~charter, article~~
299		-	34 ~~of incorporation,~~ ~~or other form of authorization that is:~~
300		-	35 (1) ~~issued~~ by ~~an agency;~~ ~~and~~
301		-	36 ~~(2) used by~~ a ~~person to engage in commerce~~ in Indiana ~~or in~~
302		-	37 ~~a county,~~ ~~city, town, or township located~~ in ~~Indiana.~~
303		-	38 ~~Sec. 6.~~ ~~As used~~ in ~~this chapter,~~ ~~"unauthorized alien" has the~~
304		-	39 ~~meaning set forth in 8 U.S.C~~. ~~1324a~~(h)~~(3).~~
305		-	40 ~~Sec. 7.~~ ~~(a) This subsection does not apply to the hiring,~~
306		-	41 ~~recruitment~~, ~~or employment of an unauthorized alien that~~
307		-	42 ~~occurred before July 1~~, ~~2025. Except as provided in subsection (c),~~
	289	+	27 including an agent, that employs an employee in Indiana.
	290	+	28 Sec. 4. As used in this chapter, "employ" means to engage the
	291	+	29 services or labor of an individual for wages or other remuneration,
	292	+	30 including to suffer or permit to work.
	293	+	31 Sec. 5. As used in this chapter, "operating authorization" means
	294	+	32 a license, permit, certificate, approval, registration, charter, article
	295	+	33 of incorporation, or other form of authorization that is:
	296	+	34 (1) issued by an agency; and
	297	+	35 (2) used by a person to engage in commerce in Indiana or in
	298	+	36 a county, city, town, or township located in Indiana.
	299	+	37 Sec. 6. As used in this chapter, "unauthorized alien" has the
	300	+	38 meaning set forth in 8 U.S.C. 1324a(h)(3).
	301	+	39 Sec. 7. (a) This subsection does not apply to the hiring,
	302	+	40 recruitment, or employment of an unauthorized alien that
	303	+	41 occurred before July 1, 2025. Except as provided in subsection (c),
	304	+	42 it is unlawful for an employer to knowingly or intentionally recruit,
308	305		HB 1531—LS 7716/DI 107 7
309		-	1 ~~it is unlawful for~~ an ~~employer to knowingly or intentionally recruit,~~
310		-	2 ~~hire~~, ~~or employ an unauthorized alien in Indiana.~~
311		-	3 ~~(b) For purposes~~ of ~~this chapter,~~ ~~"reasonable diligence to~~
312		-	4 ~~confirm the~~ work ~~eligibility of an individual" includes:~~
313		-	5 ~~(1) utilizing an electronic verification~~ of ~~work authorization~~
314		-	6 ~~program operated by~~ the ~~United States Department~~ of
315		-	7 ~~Homeland Security to verify~~ the ~~work eligibility of an~~
316		-	8 ~~employee, except where the circumstances under which the~~
317		-	9 verification was ~~made would have put a reasonable person on~~
318		-	10 ~~notice that the verification was unreliable~~ or ~~of limited~~
319		-	11 ~~reliability; or~~
320		-	12 ~~(2) engaging in diligence as may~~ be ~~prescribed by the attorney~~
321		-	13 ~~general through guidance that shall be consistent with~~
322		-	14 ~~industry standard best practices for confirming work~~
323		-	15 ~~eligibility.~~
324		-	16 ~~(c) An~~ employer ~~is not~~ in ~~violation of subsection (a) if~~ the
325		-	17 ~~employer engaged in reasonable diligence to confirm the work~~
326		-	18 ~~eligibility of an~~ individual ~~before recruiting, hiring, or employing~~
327		-	19 the ~~individual.~~
328		-	20 ~~Sec. 8. (a) If the attorney general determines~~ that ~~probable~~
329		-	21 ~~cause exists that an employer~~ has violated ~~section 7 of this chapter~~
330		-	22 ~~at any point in~~ the ~~preceding three~~ (3) ~~year period or has violated~~
331		-	23 the ~~terms of its probationary status under section 9(c) of this~~
332		-	24 ~~chapter~~, the ~~attorney general is, except as provided in subsection~~
333		-	25 ~~(b),~~ authorized ~~to bring an action against the employer to enjoin~~
334		-	26 ~~the violation and for other relief authorized by section 9 of this~~
335		-	27 ~~chapter.~~
336		-	28 ~~(b) In the case~~ of ~~an employer that has never previously been~~
337		-	29 ~~found under~~ section 9 of this chapter ~~to have committed a violation~~
338		-	30 ~~of section 7 of this chapter and has never previously submitted an~~
339		-	31 ~~affidavit under subsection (c),~~ the attorney general ~~shall provide~~
340		-	32 ~~the employer notice of~~ the attorney general~~'s probable cause~~
341		-	33 ~~determination before~~ the ~~attorney general initiates an action under~~
342		-	34 ~~subsection (a). If~~, ~~within fifteen (15) business days of receiving~~ the
343		-	35 attorney general~~'s notice,~~ the ~~employer provides evidence to the~~
344		-	36 ~~attorney general that~~ the ~~attorney general determines proves that~~
345		-	37 the employer ~~has engaged in reasonable diligence to confirm~~ the
346		-	38 work ~~eligibility of~~ the ~~employer's employees and that the~~
347		-	39 ~~employees are eligible to work~~, ~~or submits to~~ the attorney general
348		-	40 an ~~affidavit~~ under subsection (c)~~, the attorney general may not~~
349		-	41 ~~initiate~~ an ~~action under~~ subsection (a).
350		-	42 ~~(c) An employer described in subsection (b) that receives notice~~
	306	+	1 hire, or employ an unauthorized alien in Indiana.
	307	+	2 (b) For purposes of this chapter, "reasonable diligence to
	308	+	3 confirm the work eligibility of an individual" includes:
	309	+	4 (1) utilizing an electronic verification of work authorization
	310	+	5 program operated by the United States Department of
	311	+	6 Homeland Security to verify the work eligibility of an
	312	+	7 employee, except where the circumstances under which the
	313	+	8 verification was made would have put a reasonable person on
	314	+	9 notice that the verification was unreliable or of limited
	315	+	10 reliability; or
	316	+	11 (2) engaging in diligence as may be prescribed by the attorney
	317	+	12 general through guidance that shall be consistent with
	318	+	13 industry standard best practices for confirming work
	319	+	14 eligibility.
	320	+	15 (c) An employer is not in violation of subsection (a) if the
	321	+	16 employer engaged in reasonable diligence to confirm the work
	322	+	17 eligibility of an individual before recruiting, hiring, or employing
	323	+	18 the individual.
	324	+	19 Sec. 8. (a) If the attorney general determines that probable
	325	+	20 cause exists that an employer has violated section 7 of this chapter
	326	+	21 at any point in the preceding three (3) year period or has violated
	327	+	22 the terms of its probationary status under section 9(c) of this
	328	+	23 chapter, the attorney general is, except as provided in subsection
	329	+	24 (b), authorized to bring an action against the employer to enjoin
	330	+	25 the violation and for other relief authorized by section 9 of this
	331	+	26 chapter.
	332	+	27 (b) In the case of an employer that has never previously been
	333	+	28 found under section 9 of this chapter to have committed a violation
	334	+	29 of section 7 of this chapter and has never previously submitted an
	335	+	30 affidavit under subsection (c), the attorney general shall provide
	336	+	31 the employer notice of the attorney general's probable cause
	337	+	32 determination before the attorney general initiates an action under
	338	+	33 subsection (a). If, within fifteen (15) business days of receiving the
	339	+	34 attorney general's notice, the employer provides evidence to the
	340	+	35 attorney general that the attorney general determines proves that
	341	+	36 the employer has engaged in reasonable diligence to confirm the
	342	+	37 work eligibility of the employer's employees and that the
	343	+	38 employees are eligible to work, or submits to the attorney general
	344	+	39 an affidavit under subsection (c), the attorney general may not
	345	+	40 initiate an action under subsection (a).
	346	+	41 (c) An employer described in subsection (b) that receives notice
	347	+	42 of the attorney general's probable cause determination under
351	348		HB 1531—LS 7716/DI 107 8
352		-	1 of ~~the attorney general's probable cause determination under~~
353		-	2 ~~subsection (b) may~~, ~~within fifteen (15) business days of receiving~~
354		-	3 the ~~notice, submit to the attorney general an affidavit signed by an~~
355		-	4 ~~authorized representative attesting that~~ the ~~employer has~~
356		-	5 ~~terminated~~ the ~~employment~~ of ~~any and all unauthorized aliens,~~
357		-	6 ~~engaged in reasonable diligence to confirm the work eligibility~~ of
358		-	7 ~~all of its employees,~~ ~~and will not knowingly employ any~~
359		-	8 ~~unauthorized aliens in~~ the ~~future.~~
360		-	9 ~~Sec. 9.~~ ~~(a) If a court determines by a preponderance~~ of the
361		-	10 ~~evidence that an employer has violated section 7 of this chapter,~~ the
362		-	11 court ~~shall enjoin the violation and shall order the relief provided~~
363		-	12 ~~in subsection (b) or (c), or both, as the court determines~~
364		-	13 ~~appropriate.~~
365		-	14 ~~(b) A court may order the following for violations of this~~
366		-	15 ~~chapter~~:
367		-	16 (1) ~~In the case~~ of ~~an employer that:~~
368		-	17 ~~(A) committed a single violation of section 7 of this~~
369		-	18 ~~chapter; and~~
370		-	19 ~~(B) has not previously been found to have violated section~~
371		-	20 7 of ~~this chapter;~~
372		-	21 the ~~court may order~~ the ~~suspension of all of the employer's~~
373		-	22 ~~operating authorization at the location or locations where the~~
374		-	23 ~~violation occurred for a period~~ of ~~five (5) business days.~~
375		-	24 (2) ~~In the case~~ of ~~an employer that:~~
376		-	25 ~~(A) has committed multiple violations of section 7 of this~~
377		-	26 ~~chapter; and~~
378		-	27 ~~(B) has not previously been found to have violated section~~
379		-	28 7 of ~~this chapter;~~
380		-	29 the ~~court may order~~ the ~~suspension of all of the employer's~~
381		-	30 ~~operating authorizations at the location or locations where the~~
382		-	31 ~~violations occurred for a period~~ of ~~ten (10) business days.~~
383		-	32 (3) ~~In the case~~ of ~~an employer that:~~
384		-	33 ~~(A) has committed one (1) or more violations~~ of ~~section 7~~
385		-	34 of ~~this chapter; and~~
386		-	35 ~~(B) has previously been found to have violated section 7 of~~
387		-	36 ~~this chapter;~~
388		-	37 the ~~court may order~~ the ~~suspension of all of the employer's~~
389		-	38 ~~operating authorizations at the location~~ or ~~locations where the~~
390		-	39 ~~violation or violations occurred for a period of one hundred~~
391		-	40 ~~eighty~~ (~~180~~) ~~days.~~
392		-	41 (4) ~~In the case~~ of ~~an employer that:~~
393		-	42 ~~(A) has committed one (1) or more violations~~ of ~~section 7~~
	349	+	1 subsection (b) may, within fifteen (15) business days of receiving
	350	+	2 the notice, submit to the attorney general an affidavit signed by an
	351	+	3 authorized representative attesting that the employer has
	352	+	4 terminated the employment of any and all unauthorized aliens,
	353	+	5 engaged in reasonable diligence to confirm the work eligibility of
	354	+	6 all of its employees, and will not knowingly employ any
	355	+	7 unauthorized aliens in the future.
	356	+	8 Sec. 9. (a) If a court determines by a preponderance of the
	357	+	9 evidence that an employer has violated section 7 of this chapter, the
	358	+	10 court shall enjoin the violation and shall order the relief provided
	359	+	11 in subsection (b) or (c), or both, as the court determines
	360	+	12 appropriate.
	361	+	13 (b) A court may order the following for violations of this
	362	+	14 chapter:
	363	+	15 (1) In the case of an employer that:
	364	+	16 (A) committed a single violation of section 7 of this
	365	+	17 chapter; and
	366	+	18 (B) has not previously been found to have violated section
	367	+	19 7 of this chapter;
	368	+	20 the court may order the suspension of all of the employer's
	369	+	21 operating authorization at the location or locations where the
	370	+	22 violation occurred for a period of five (5) business days.
	371	+	23 (2) In the case of an employer that:
	372	+	24 (A) has committed multiple violations of section 7 of this
	373	+	25 chapter; and
	374	+	26 (B) has not previously been found to have violated section
	375	+	27 7 of this chapter;
	376	+	28 the court may order the suspension of all of the employer's
	377	+	29 operating authorizations at the location or locations where the
	378	+	30 violations occurred for a period of ten (10) business days.
	379	+	31 (3) In the case of an employer that:
	380	+	32 (A) has committed one (1) or more violations of section 7
	381	+	33 of this chapter; and
	382	+	34 (B) has previously been found to have violated section 7 of
	383	+	35 this chapter;
	384	+	36 the court may order the suspension of all of the employer's
	385	+	37 operating authorizations at the location or locations where the
	386	+	38 violation or violations occurred for a period of one hundred
	387	+	39 eighty (180) days.
	388	+	40 (4) In the case of an employer that:
	389	+	41 (A) has committed one (1) or more violations of section 7
	390	+	42 of this chapter; and
394	391		HB 1531—LS 7716/DI 107 9
395		-	1 ~~of this chapter;~~ ~~and~~
396		-	2 (B) ~~has previously been found to have committed a~~
397		-	3 ~~violation described in subdivision (3);~~
398		-	4 the ~~court may order the permanent revocation of all of the~~
399		-	5 ~~employer's operating authorizations at~~ the ~~location~~ or
400		-	6 ~~locations where~~ the ~~violation or violations occurred.~~
401		-	7 (5) ~~In the case~~ of ~~an employer that:~~
402		-	8 (A) ~~willfully violated section 7 of this chapter;~~
403		-	9 ~~(B) committed previous or current violations~~ at ~~three (3)~~ or
404		-	10 ~~more locations at which the employer engages or~~
405		-	11 previously ~~engaged in commerce;~~ ~~and~~
406		-	12 (C) ~~has previously been found to have committed a~~
407		-	13 ~~violation described in subdivision (4);~~
408		-	14 ~~the court may order the permanent revocation of all of the~~
409		-	15 employer~~'s operating authorizations.~~
410		-	16 ~~(c) In~~ the ~~case of an~~ employer ~~that has committed a violation of~~
411		-	17 ~~section 7~~ of ~~this chapter,~~ ~~the court may place the employer on~~
412		-	18 ~~probationary status for a~~ period of ~~between six (6) months to two~~
413		-	19 ~~(2) years. During the period of~~ the employer~~'s probationary status,~~
414		-	20 the ~~employer shall file with~~ the ~~attorney general quarterly reports~~
415		-	21 ~~identifying each instance in the preceding quarter in which the~~
416		-	22 employer ~~hired a new employee at any Indiana location, detailing~~
417		-	23 the ~~reasonable diligence in which~~ the ~~employer engaged to confirm~~
418		-	24 the ~~employee's work eligibility and containing copies of~~ the
419		-	25 ~~documentation on which the employer relied to confirm the~~
420		-	26 ~~employee's work eligibility.~~ ~~Each quarterly report shall be~~
421		-	27 ~~accompanied by an affidavit signed by an authorized~~
422		-	28 ~~representative attesting to~~ the ~~report's accuracy and completeness.~~
423		-	29 ~~(d) If a court determines by a preponderance~~ of ~~the evidence~~
424		-	30 ~~that an employer has violated~~ the ~~terms of its probationary status~~
425		-	31 ~~under~~ subsection (c)~~, the court shall order the applicable relief~~
426		-	32 provided in subsection (b).
427		-	33 ~~(e) In ordering the relief provided in subsection (b) in the case~~
428		-	34 ~~of an employer that does not hold an operating authorization~~
429		-	35 ~~specific to the location~~ where ~~the violation~~ or ~~violations occurred,~~
430		-	36 ~~but where one (1) or more operating authorizations are used by~~ the
431		-	37 ~~employer to engage in commerce at another location,~~ the ~~court~~
432		-	38 ~~shall order~~ the ~~applicable suspension of the operating~~
433		-	39 ~~authorizations at the other location.~~
434		-	40 ~~Sec. 10.~~ ~~(a) An employer may not discharge an~~ employee ~~or in~~
435		-	41 ~~any way discriminate against any employee because~~ the ~~employee~~
436		-	42 ~~communicated~~ or ~~cooperated~~ with ~~the attorney general concerning~~
	392	+	1 (B) has previously been found to have committed a
	393	+	2 violation described in subdivision (3);
	394	+	3 the court may order the permanent revocation of all of the
	395	+	4 employer's operating authorizations at the location or
	396	+	5 locations where the violation or violations occurred.
	397	+	6 (5) In the case of an employer that:
	398	+	7 (A) willfully violated section 7 of this chapter;
	399	+	8 (B) committed previous or current violations at three (3) or
	400	+	9 more locations at which the employer engages or
	401	+	10 previously engaged in commerce; and
	402	+	11 (C) has previously been found to have committed a
	403	+	12 violation described in subdivision (4);
	404	+	13 the court may order the permanent revocation of all of the
	405	+	14 employer's operating authorizations.
	406	+	15 (c) In the case of an employer that has committed a violation of
	407	+	16 section 7 of this chapter, the court may place the employer on
	408	+	17 probationary status for a period of between six (6) months to two
	409	+	18 (2) years. During the period of the employer's probationary status,
	410	+	19 the employer shall file with the attorney general quarterly reports
	411	+	20 identifying each instance in the preceding quarter in which the
	412	+	21 employer hired a new employee at any Indiana location, detailing
	413	+	22 the reasonable diligence in which the employer engaged to confirm
	414	+	23 the employee's work eligibility and containing copies of the
	415	+	24 documentation on which the employer relied to confirm the
	416	+	25 employee's work eligibility. Each quarterly report shall be
	417	+	26 accompanied by an affidavit signed by an authorized
	418	+	27 representative attesting to the report's accuracy and completeness.
	419	+	28 (d) If a court determines by a preponderance of the evidence
	420	+	29 that an employer has violated the terms of its probationary status
	421	+	30 under subsection (c), the court shall order the applicable relief
	422	+	31 provided in subsection (b).
	423	+	32 (e) In ordering the relief provided in subsection (b) in the case
	424	+	33 of an employer that does not hold an operating authorization
	425	+	34 specific to the location where the violation or violations occurred,
	426	+	35 but where one (1) or more operating authorizations are used by the
	427	+	36 employer to engage in commerce at another location, the court
	428	+	37 shall order the applicable suspension of the operating
	429	+	38 authorizations at the other location.
	430	+	39 Sec. 10. (a) An employer may not discharge an employee or in
	431	+	40 any way discriminate against any employee because the employee
	432	+	41 communicated or cooperated with the attorney general concerning
	433	+	42 the employer's or another employer's compliance with section 7 of
437	434		HB 1531—LS 7716/DI 107 10
438		-	1 ~~the employer's or another employer's compliance with section 7 of~~
439		-	2 ~~this chapter.~~
440		-	3 ~~(b)~~ Any ~~employee who believes that the employee has been~~
441		-	4 ~~discharged or otherwise discriminated against by any person in~~
442		-	5 violation ~~of this section may~~, ~~within thirty (30) calendar days after~~
443		-	6 the ~~violation occurs, file a~~ complaint ~~with the commissioner of~~
444		-	7 ~~labor alleging the discrimination~~. ~~The complaint shall be received~~
445		-	8 ~~and acted upon as provided in IC 22-8-1.1-38.1.~~
446		-	9 ~~Sec. 11.~~ ~~The suspension or revocation of a license under this~~
447		-	10 ~~chapter does not relieve an~~ employer ~~from an obligation to~~
448		-	11 ~~withhold, collect,~~ ~~or pay income tax on wages paid by the employer~~
449		-	12 to ~~an employee.~~
450		-	13 ~~Sec~~. ~~12. This chapter shall be enforced without regard to race,~~
451		-	14 ~~color, or national origin.~~
452		-	15 ~~SECTION 12~~. ~~IC 32-30-7-7 IS AMENDED TO READ AS~~
453		-	16 ~~FOLLOWS [EFFECTIVE JULY 1~~, ~~2025]: Sec.~~ ~~7. (a) If an indecent~~
454		-	17 nuisance exists~~, a prosecuting official or any resident of~~ the ~~county in~~
455		-	18 ~~which the~~ indecent nuisance ~~exists may bring an action~~ to ~~abate~~ the
456		-	19 indecent nuisance ~~and to perpetually enjoin the maintenance of the~~
457		-	20 ~~indecent nuisance.~~
458		-	21 ~~(b) If~~ a person ~~other than a prosecuting official institutes an action~~
459		-	22 ~~under this chapter~~, ~~the complainant shall execute a bond~~ to ~~the person~~
460		-	23 ~~against whom complaint is made,~~ ~~with good and sufficient surety to be~~
461		-	24 ~~approved by~~ the ~~court or clerk in a sum of at least one thousand dollars~~
462		-	25 ~~($1,000) to secure to the party enjoined the damages the party may~~
463		-	26 ~~sustain if:~~
464		-	27 (1) the action is ~~wrongfully brought~~;
465		-	28 (2) the action is ~~not prosecuted to final judgment~~;
466		-	29 (3) the action is ~~dismissed~~;
467		-	30 (4) the ~~action is~~ not ~~maintained; or~~
468		-	31 ~~(5) it is finally decided that the injunction ought not to have been~~
469		-	32 ~~granted.~~
470		-	33 The ~~party aggrieved by~~ the ~~issuance of the injunction has recourse~~
471		-	34 ~~against the bond for all damages suffered~~, including ~~damages to the~~
472		-	35 ~~aggrieved party~~'s ~~property, person,~~ ~~or character and including~~
473		-	36 ~~reasonable attorney's fees incurred in defending the~~ action.
474		-	37 ~~(c) A person who institutes an action~~ and ~~executes a bond may~~
475		-	38 ~~recover~~ the ~~bond and reasonable attorney's fees incurred in trying the~~
476		-	39 action ~~if the existence of an indecent nuisance is admitted or~~
477		-	40 ~~established in~~ an action ~~as provided in~~ this chapter.
478		-	41 (d) ~~If a prosecuting official institutes~~ an ~~action under this chapter (or~~
479		-	42 ~~IC 34-1-52.5~~ or ~~IC 34-19-2 before their repeal) and~~ the ~~existence of an~~
	435	+	1 this chapter.
	436	+	2 (b) Any employee who believes that the employee has been
	437	+	3 discharged or otherwise discriminated against by any person in
	438	+	4 violation of this section may, within thirty (30) calendar days after
	439	+	5 the violation occurs, file a complaint with the commissioner of
	440	+	6 labor alleging the discrimination. The complaint shall be received
	441	+	7 and acted upon as provided in IC 22-8-1.1-38.1.
	442	+	8 Sec. 11. The suspension or revocation of a license under this
	443	+	9 chapter does not relieve an employer from an obligation to
	444	+	10 withhold, collect, or pay income tax on wages paid by the employer
	445	+	11 to an employee.
	446	+	12 Sec. 12. This chapter shall be enforced without regard to race,
	447	+	13 color, or national origin.
	448	+	14 SECTION 12. IC 32-30-7-7 IS AMENDED TO READ AS
	449	+	15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If an indecent
	450	+	16 nuisance exists, a prosecuting official or any resident of the county in
	451	+	17 which the indecent nuisance exists may bring an action to abate the
	452	+	18 indecent nuisance and to perpetually enjoin the maintenance of the
	453	+	19 indecent nuisance.
	454	+	20 (b) If a person other than a prosecuting official institutes an action
	455	+	21 under this chapter, the complainant shall execute a bond to the person
	456	+	22 against whom complaint is made, with good and sufficient surety to be
	457	+	23 approved by the court or clerk in a sum of at least one thousand dollars
	458	+	24 ($1,000) to secure to the party enjoined the damages the party may
	459	+	25 sustain if:
	460	+	26 (1) the action is wrongfully brought;
	461	+	27 (2) the action is not prosecuted to final judgment;
	462	+	28 (3) the action is dismissed;
	463	+	29 (4) the action is not maintained; or
	464	+	30 (5) it is finally decided that the injunction ought not to have been
	465	+	31 granted.
	466	+	32 The party aggrieved by the issuance of the injunction has recourse
	467	+	33 against the bond for all damages suffered, including damages to the
	468	+	34 aggrieved party's property, person, or character and including
	469	+	35 reasonable attorney's fees incurred in defending the action.
	470	+	36 (c) A person who institutes an action and executes a bond may
	471	+	37 recover the bond and reasonable attorney's fees incurred in trying the
	472	+	38 action if the existence of an indecent nuisance is admitted or
	473	+	39 established in an action as provided in this chapter.
	474	+	40 (d) If a prosecuting official institutes an action under this chapter (or
	475	+	41 IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence of an
	476	+	42 indecent nuisance is admitted or established in the action, the
480	477		HB 1531—LS 7716/DI 107 11
481		-	1 indecent nuisance is admitted or established in the action, the
482		-	2 governmental entity that employs the prosecuting official is entitled to
483		-	3 all investigative costs, court costs, and reasonable attorney's fees
484		-	4 incurred by the entity in instituting the action. The fees shall be
485		-	5 deposited in:
486		-	6 (1) the state general fund, if the action is instituted by the attorney
487		-	7 general;
488		-	8 (2) the operating budget of the office of the prosecuting attorney,
489		-	9 if the action is instituted by a prosecuting attorney;
490		-	10 (3) the operating budget of the office of the corporation counsel
491		-	11 or city attorney, if the action is instituted by a corporation counsel
492		-	12 or city attorney; or
493		-	13 (4) the county general fund, if the action is instituted by an
494		-	14 attorney representing the county.
495		-	15 SECTION 13. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
496		-	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
497		-	17 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
498		-	18 federal law immigration detention orders).
499		-	19 SECTION 14. An emergency is declared for this act.
	478	+	1 governmental entity that employs the prosecuting official is entitled to
	479	+	2 all investigative costs, court costs, and reasonable attorney's fees
	480	+	3 incurred by the entity in instituting the action. The fees shall be
	481	+	4 deposited in:
	482	+	5 (1) the state general fund, if the action is instituted by the attorney
	483	+	6 general;
	484	+	7 (2) the operating budget of the office of the prosecuting attorney,
	485	+	8 if the action is instituted by a prosecuting attorney;
	486	+	9 (3) the operating budget of the office of the corporation counsel
	487	+	10 or city attorney, if the action is instituted by a corporation counsel
	488	+	11 or city attorney; or
	489	+	12 (4) the county general fund, if the action is instituted by an
	490	+	13 attorney representing the county.
	491	+	14 SECTION 13. IC 34-30-2.1-32.5 IS ADDED TO THE INDIANA
	492	+	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
	493	+	16 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. IC 5-2-18.2-9 (Concerning
	494	+	17 federal law immigration detention orders).
	495	+	18 SECTION 14. An emergency is declared for this act.
500	496		HB 1531—LS 7716/DI 107 12
501	497		COMMITTEE REPORT
502	498		Mr. Speaker: Your Committee on Judiciary, to which was referred
503	499		House Bill 1531, has had the same under consideration and begs leave
504	500		to report the same back to the House with the recommendation that said
505	501		bill be amended as follows:
506	502		Page 1, between the enacting clause and line 1, begin a new
507	503		paragraph and insert:
508	504		"SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.184-2023,
509	505		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
510	506		JULY 1, 2025]: Sec. 1.5. (a) Whenever any state governmental official
511	507		or employee, whether elected or appointed, is made a party to a suit,
512	508		and the attorney general determines that said suit has arisen out of an
513	509		act which such official or employee in good faith believed to be within
514	510		the scope of the official's or employee's duties as prescribed by statute
515	511		or duly adopted regulation, the attorney general shall defend such
516	512		person throughout such action.
517	513		(b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
518	514		party to a civil suit, and the attorney general determines that the suit
519	515		has arisen out of an act that the teacher in good faith believed was
520	516		within the scope of the teacher's duties in enforcing discipline policies
521	517		developed under IC 20-33-8-12, the attorney general shall defend the
522	518		teacher throughout the action.
523	519		(c) Not later than July 30 of each year, the attorney general, in
524	520		consultation with the Indiana education employment relations board
525	521		established in IC 20-29-3-1, shall draft and disseminate a letter by first
526	522		class mail to the residence of teachers providing a summary of the
527	523		teacher's rights and protections under state and federal law, including
528	524		a teacher's rights and protections relating to the teacher's performance
529	525		evaluation under IC 20-28-11.5.
530	526		(d) The department of education, in consultation with the Indiana
531	527		education employment relations board, shall develop a method to
532	528		provide the attorney general with the names and addresses of active
533	529		teachers in Indiana in order for the attorney general to disseminate the
534	530		letter described in subsection (c). Names and addresses collected and
535	531		provided to the attorney general under this subsection are confidential
536	532		and excepted from public disclosure as provided in IC 5-14-3-4.
537	533		(e) Whenever a school corporation (as defined in IC 20-26-2-4) is
538	534		made a party to a civil suit and the attorney general determines that the
539	535		suit has arisen out of an act authorized under IC 20-30-5-0.5 or
540	536		IC 20-30-5-4.5, the attorney general shall defend the school corporation
541	537		throughout the action.
542	538		HB 1531—LS 7716/DI 107 13
543	539		(f) Whenever a law enforcement officer (as defined in
544	540		IC 5-2-18.2-2), governmental body (as defined in IC 5-2-18.2-1), or
545	541		a postsecondary educational institution (as defined in
546	542		IC 5-2-18.2-2.2) is made a party to a civil suit and the attorney
547	543		general determines that the suit has arisen out of an act authorized
548	544		or required by IC 5-2-18.2, the attorney general shall defend the
549	545		law enforcement officer, the governmental body, or the
550	546		postsecondary educational institution throughout the action.
551	547		(f) (g) As used in this subsection, "bridge authority" refers to the
552	548		New Harmony and Wabash River bridge authority established by
553	549		IC 8-16-15.5-2. Whenever:
554	550		(1) the bridge authority;
555	551		(2) a member of the bridge authority;
556	552		(3) an officer of the bridge authority; or
557	553		(4) an employee of the bridge authority;
558	554		is made a party to a civil suit and the attorney general determines that
559	555		the suit has arisen out of an act or omission of any person described in
560	556		subdivision (1), (2), (3), or (4), that is authorized or required under
561	557		IC 8-16-15.5 or any other law, the attorney general shall defend that
562	558		person throughout the action.
563	559		(g) (h) A determination by the attorney general under subsection (a),
564	560		(b), (e), or (f), or (g) shall not be admitted as evidence in the trial of
565	561		any such civil action for damages.
566	562		(h) (i) Nothing in this chapter shall be construed to deprive any such
567	563		person of the person's right to select counsel of the person's own choice
568	564		at the person's own expense.".
569	565		Page 1, line 4, delete "by a" and insert "by an authorized
570	566		immigration officer".
571	567		Page 1, line 5, delete "federal authority".
572	568		Page 2, line 7, delete "an immigration" and insert "section 9 of this
573	569		chapter,".
574	570		Page 2, line 8, delete "detainer request,".
575	571		Page 2, line 8, after "may" delete ":".
576	572		Page 2, delete lines 9 through 10.
577	573		Page 2, line 11, delete "(2)".
578	574		Page 2, line 11, delete "in the circuit court of the county in which".
579	575		Page 2, run in lines 8 through 11.
580	576		Page 2, line 12, delete "the governmental body is located".
581	577		Page 2, line 13, beginning with "(A)" begin a new line block
582	578		indented.
583	579		Page 2, line 13, delete "(A)" and insert "(1)".
584	580		Page 2, line 13, after "violation;" insert "and".
585	581		HB 1531—LS 7716/DI 107 14
586	582		Page 2, delete line 14.
587	583		Page 2, line 15, beginning with "(C)" begin a new line block
588	584		indented.
589	585		Page 2, line 15, delete "(C)" and insert "(2)".
590	586		Page 2, line 21, delete "an immigration detainer request in".
591	587		Page 2, line 24, delete "." and insert "for a period not to exceed
592	588		one (1) year.".
593	589		Page 2, line 34, after "6.1." insert "(a)".
594	590		Page 2, line 34, after "by a" insert "preponderance of the evidence
595	591		that a governmental body or postsecondary educational institution
596	592		violated section 3 or 4 of this chapter, the court shall enjoin the
597	593		violation.
598	594		(b) If a court finds by a preponderance of the evidence that a
599	595		governmental body or a postsecondary educational institution
600	596		violated section 9 of this chapter, the court shall:
601	597		(1) enjoin the violation; and
602	598		(2) grant the relief for a violation provided by section 5(b) of
603	599		this chapter.".
604	600		Page 2, delete lines 35 through 40.
605	601		Page 3, line 12, delete "a" and insert "an authorized immigration
606	602		officer.".
607	603		Page 3, delete line 13.
608	604		Page 3, line 15, after "presents" insert "to the governmental body".
609	605		Page 3, line 16, delete "States to the governmental body," and insert
610	606		"States,".
611	607		Page 3, line 17, delete "federal immigration agency" and insert
612	608		"authorized immigration officer".
613	609		Page 3, line 26, delete "(a)".
614	610		Page 3, line 26, after "notice" insert "under section 9 of this
615	611		chapter".
616	612		Page 3, line 27, delete "under section 9 of".
617	613		Page 3, line 28, delete "this chapter".
618	614		Page 3, delete lines 32 through 35.
619	615		Page 4, line 1, delete "section 212(d)(50)" and insert "Section
620	616		212(d)(5)".
621	617		Page 4, line 3, delete "to".
622	618		Page 4, line 16, delete "Forms" and insert "Form".
623	619		Page 4, line 16, delete "or" and insert ".".
624	620		Page 4, line 17, delete "the opportunity to explain why an attestation
625	621		cannot be given.".
626	622		Page 4, line 20, delete "for the preceding calendar year".
627	623		Page 4, line 22, delete "information" and insert "materials".
628	624		HB 1531—LS 7716/DI 107 15
629	625		Page 4, delete lines 24 through 26.
630	626		Page 5, line 2, delete "personal health data" and insert "individually
631	627		identifiable health information as defined in 42 U.S.C. 1320d(6)".
632	628		Page 5, delete lines 3 through 29.
633	629		Page 5, line 38, delete "a license for purposes of operating a" and
634	630		insert "any form of operating authorization that is used to engage
635	631		in commerce in Indiana or in a county, city, town, or township
636	632		located in Indiana.".
637	633		Page 5, delete line 39.
638	634		Page 6, line 6, delete "authority"" and insert "authorization"".
639	635		Page 6, line 10, after "Indiana" delete "." and insert "or in a county,
640	636		city, town, or township located in Indiana.".
641	637		Page 6, line 12, delete "Sec.".
642	638		Page 6, line 13, after "(a)" insert "This subsection does not apply
643	639		to the hiring, recruitment, or employment of an unauthorized alien
644	640		that occurred before July 1, 2025.".
645	641		Page 6, line 14, after "to" insert "knowingly or intentionally".
646	642		Page 6, line 18, delete "a".
647	643		Page 6, line 21, delete "in a situation in which if a verification is"
648	644		and insert "where the circumstances under which the verification
649	645		was made would have".
650	646		Page 6, line 22, delete "made, the verification would".
651	647		Page 6, line 23, delete "unreliable;" and insert "unreliable or of
652	648		limited reliability;".
653	649		Page 6, line 24, after "diligence" insert "as may be".
654	650		Page 6, line 25, after "guidance" insert "that shall be".
655	651		Page 6, line 25, delete "related" and insert "standard".
656	652		Page 6, delete lines 31 through 38.
657	653		Page 6, line 39, delete "9" and insert "8".
658	654		Page 6, line 42, delete "10(c)" and insert "9(c)".
659	655		Page 7, line 3, delete "10" and insert "9".
660	656		Page 7, line 6, delete "10" and insert "9".
661	657		Page 7, line 21, after "within" insert "fifteen".
662	658		Page 7, line 24, delete "illegal" and insert "unauthorized".
663	659		Page 7, line 28, delete "10" and insert "9".
664	660		Page 7, delete lines 35 through 42, begin a new line block indented
665	661		and insert:
666	662		"(1) In the case of an employer that:
667	663		(A) committed a single violation of section 7 of this
668	664		chapter; and
669	665		(B) has not previously been found to have violated section
670	666		7 of this chapter;
671	667		HB 1531—LS 7716/DI 107 16
672	668		the court may order the suspension of all of the employer's
673	669		operating authorization at the location or locations where the
674	670		violation occurred for a period of five (5) business days.
675	671		(2) In the case of an employer that:
676	672		(A) has committed multiple violations of section 7 of this
677	673		chapter; and
678	674		(B) has not previously been found to have violated section
679	675		7 of this chapter;
680	676		the court may order the suspension of all of the employer's
681	677		operating authorizations at the location or locations where the
682	678		violations occurred for a period of ten (10) business days.
683	679		(3) In the case of an employer that:
684	680		(A) has committed one (1) or more violations of section 7
685	681		of this chapter; and
686	682		(B) has previously been found to have violated section 7 of
687	683		this chapter;
688	684		the court may order the suspension of all of the employer's
689	685		operating authorizations at the location or locations where the
690	686		violation or violations occurred for a period of one hundred
691	687		eighty (180) days.
692	688		(4) In the case of an employer that:
693	689		(A) has committed one (1) or more violations of section 7
694	690		of this chapter; and
695	691		(B) has previously been found to have committed a
696	692		violation described in subdivision (3);
697	693		the court may order the permanent revocation of all of the
698	694		employer's operating authorizations at the location or
699	695		locations where the violation or violations occurred.
700	696		(5) In the case of an employer that:
701	697		(A) willfully violated section 7 of this chapter;
702	698		(B) committed previous or current violations at three (3) or
703	699		more locations at which the employer engages or
704	700		previously engaged in commerce; and
705	701		(C) has previously been found to have committed a
706	702		violation described in subdivision (4);
707	703		the court may order the permanent revocation of all of the
708	704		employer's operating authorizations.".
709	705		Page 8, delete lines 1 through 20.
710	706		Page 8, line 39, delete "a license" and insert "an operating
711	707		authorization".
712	708		Page 8, line 41, delete "necessary for" and insert "used by".
713	709		Page 8, line 42, delete "may" and insert "shall".
714	710		HB 1531—LS 7716/DI 107 17
715	711		Page 9, line 3, delete "11" and insert "10".
716	712		Page 9, line 6, delete "violation of" and insert "compliance with".
717	713		Page 9, line 14, delete "12" and insert "11".
718	714		Page 9, line 18, delete "13" and insert "12".
719	715		Page 9, line 18, delete "race" and insert "race, color,".
720	716		Page 9, between lines 19 and 20, begin a new paragraph and insert:
721	717		"SECTION 13. IC 32-30-7-7 IS AMENDED TO READ AS
722	718		FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) If an indecent
723	719		nuisance exists, a prosecuting official or any resident of the county in
724	720		which the indecent nuisance exists may bring an action to abate the
725	721		indecent nuisance and to perpetually enjoin the maintenance of the
726	722		indecent nuisance.
727	723		(b) If a person other than a prosecuting official institutes an action
728	724		under this chapter, the complainant shall execute a bond to the person
729	725		against whom complaint is made, with good and sufficient surety to be
730	726		approved by the court or clerk in a sum of at least one thousand dollars
731	727		($1,000) to secure to the party enjoined the damages the party may
732	728		sustain if:
733	729		(1) the action is wrongfully brought;
734	730		(2) the action is not prosecuted to final judgment;
735	731		(3) the action is dismissed;
736	732		(4) the action is not maintained; or
737	733		(5) it is finally decided that the injunction ought not to have been
738	734		granted.
739	735		The party aggrieved by the issuance of the injunction has recourse
740	736		against the bond for all damages suffered, including damages to the
741	737		aggrieved party's property, person, or character and including
742	738		reasonable attorney's fees incurred in defending the action.
743	739		(c) A person who institutes an action and executes a bond may
744	740		recover the bond and reasonable attorney's fees incurred in trying the
745	741		action if the existence of an indecent nuisance is admitted or
746	742		established in an action as provided in this chapter.
747	743		(d) If a prosecuting official institutes an action under this chapter (or
748	744		IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence of an
749	745		indecent nuisance is admitted or established in the action, the
750	746		governmental entity that employs the prosecuting official is entitled to
751	747		all investigative costs, court costs, and reasonable attorney's fees
752	748		incurred by the entity in instituting the action. The fees shall be
753	749		deposited in:
754	750		(1) the state general fund, if the action is instituted by the attorney
755	751		general;
756	752		(2) the operating budget of the office of the prosecuting attorney,
757	753		HB 1531—LS 7716/DI 107 18
758	754		if the action is instituted by a prosecuting attorney;
759	755		(3) the operating budget of the office of the corporation counsel
760	756		or city attorney, if the action is instituted by a corporation counsel
761	757		or city attorney; or
762	758		(4) the county general fund, if the action is instituted by an
763	759		attorney representing the county.".
764	760		Page 9, delete lines 24 through 27.
765	761		Renumber all SECTIONS consecutively.
766	762		and when so amended that said bill do pass.
767	763		(Reference is to HB 1531 as introduced.)
768	764		JETER
769	765		Committee Vote: yeas 9, nays 4.
770		-	_____
771		-	HOUSE MOTION
772		-	Mr. Speaker: I move that House Bill 1531 be amended to read as
773		-	follows:
774		-	Page 6, delete lines 26 through 27, begin a new paragraph and
775		-	insert:
776		-	"Sec. 3. As used in this chapter, "employer" means a person,
777		-	including an agent, that employs at least ten (10) employees in
778		-	Indiana.".
779		-	(Reference is to HB 1531 as printed February 17, 2025.)
780		-	GARCIA WILBURN
781	766		HB 1531—LS 7716/DI 107