HOUSE BILL No. 1253
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-5-1.5.
Synopsis: Employment of illegal aliens. Requires the attorney general
to petition a court to impose a civil penalty on an employer that
knowingly or intentionally hires or employs an illegal alien. Provides
that the civil penalty is: (1) not more than $5,000 for each illegal alien
employed for a first violation; and (2) not more than $25,000 for each
illegal alien employed for a second or subsequent violation. Provides
that if a penalty has been imposed against a person within the previous
five years, the person is not eligible for any state or local economic
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Veterans Affairs and Public
First Regular Session 115th General Assembly (2007)
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HOUSE BILL No. 1253
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-5-1.5; (07)IN1253.1.1. -->
SECTION 1. IC 22-5-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 1.5. Employment of Illegal Aliens
Sec. 1. As used in this chapter, "illegal alien" means an
(1) who is not a citizen of the United States; and
(A) entered the United States in violation of federal law;
(B) legally entered the United States but does not have the
right to be employed in the United States; or
(C) legally entered the United States subject to a time limit
but has remained illegally in the United States after
expiration of the time limit.
Sec. 2. (a) As used in this chapter, "person" means an
individual, a corporation, a limited liability company, a
partnership, or another legal entity.
(b) The term does not include a nonprofit organization that is
exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code.
Sec. 3. (a) A person shall not knowingly or intentionally hire or
employ an illegal alien.
(b) The attorney general shall petition a court with jurisdiction
to impose one (1) or more of the following penalties on a person
who violates subsection (a):
(1) For a first violation, a civil penalty of not more than five
thousand dollars ($5,000) for each illegal alien hired or
employed by the person.
(2) For a second or subsequent violation, a civil penalty of not
more than twenty-five thousand dollars ($25,000) for each
illegal alien hired or employed by the person.
Sec. 4. If a penalty under section 2(b) of this chapter has been
imposed against a person in the previous five (5) years, the person
is not eligible for any state or local economic development
incentives (as determined by the attorney general), including the
(1) A state tax liability credit under IC 6-3.1.
(2) A property tax deduction under IC 6-1.1-12.1 or
(3) An incentive or other benefit available under IC 5-28-15
(4) A loan, loan guarantee, grant, distribution, contract
payment, incentive, or any other benefit from or payment of
expenses by the Indiana finance authority, the Indiana
economic development corporation, or any other state agency
or body corporate and politic.
(5) An incentive or other benefit under any of the following
tax increment finance statutes:
(A) IC 8-22-3.5 (airport development zones).
(B) IC 36-7-14 (redevelopment commissions).
(C) IC 36-7-14.5 (redevelopment authorities).
(D) IC 36-7-15.1 (redevelopment of areas in Marion
(E) IC 36-7-30 (military base reuse authorities).