Indiana 2025 Regular Session

Indiana Senate Bill SB0385 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 385
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-32-5-6; IC 22-5-1.7.
7	7	Synopsis: E-Verify program. Requires a construction manager as
8	8	contractor and a subcontractor of any tier to submit the E-Verify case
9	9	verification number for an individual to the public agency before the
10	10	individual begins work on a public works project. Provides that a
11	11	public agency may not enter into a contract for a public works project
12	12	with a contractor unless: (1) the contract contains certain provisions;
13	13	and (2) the contractor signs an affidavit affirming that: (A) the
14	14	contractor does not knowingly employ an unauthorized alien; and (B)
15	15	the E-Verify documentation provided to the public agency is complete
16	16	and accurate.
17	17	Effective: July 1, 2025.
18	18	Goode
19	19	January 13, 2025, read first time and referred to Committee on Pensions and Labor.
20	20	2025 IN 385—LS 7084/DI 137 Introduced
21	21	First Regular Session of the 124th General Assembly (2025)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2024 Regular Session of the General Assembly.
31	31	SENATE BILL No. 385
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning labor
33	33	and safety.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 5-32-5-6 IS ADDED TO THE INDIANA CODE
36	36	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
37	37	3 1, 2025]: Sec. 6. (a) The CMc and each subcontractor of any
38	38	4 contractor tier shall submit to the public agency the E-Verify case
39	39	5 verification number for an individual before that individual begins
40	40	6 work on the public works project, as required under IC 22-5-1.7.
41	41	7 (b) An individual who is required to be verified under
42	42	8 IC 22-5-1.7 whose final case result is final nonconfirmation may
43	43	9 not be employed on a public works project.
44	44	10 SECTION 2. IC 22-5-1.7-11.1 IS REPEALED [EFFECTIVE JULY
45	45	11 1, 2025]. Sec. 11.1. This section applies only to a contract for a public
46	46	12 works project entered into or renewed after June 30, 2015. A public
47	47	13 agency may not enter into or renew a contract for a public works
48	48	14 project with a contractor unless:
49	49	15 (1) the contract contains:
50	50	16 (A) a provision requiring the contractor to enroll in and verify
51	51	17 the work eligibility status of all newly hired employees of the
52	52	2025 IN 385—LS 7084/DI 137 2
53	53	1 contractor through the E-Verify program; and
54	54	2 (B) a provision that provides that a contractor is not required
55	55	3 to verify the work eligibility status of all newly hired
56	56	4 employees of the contractor through the E-Verify program if
57	57	5 the E-Verify program no longer exists; and
58	58	6 (2) the contractor signs an affidavit affirming that the contractor
59	59	7 does not knowingly employ an unauthorized alien.
60	60	8 SECTION 3. IC 22-5-1.7-11.2 IS ADDED TO THE INDIANA
61	61	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
62	62	10 [EFFECTIVE JULY 1, 2025]: Sec. 11.2. (a) This section applies only
63	63	11 to a contract for a public works project that is entered into or
64	64	12 renewed after June 30, 2025.
65	65	13 (b) A public agency may not enter into or renew a contract for
66	66	14 a public works project with a contractor unless:
67	67	15 (1) the contract contains:
68	68	16 (A) a provision requiring the contractor to enroll in and
69	69	17 verify the work eligibility status of all employees of the
70	70	18 contractor hired after June 30, 2011, through the E-Verify
71	71	19 program;
72	72	20 (B) a provision that provides that a contractor is not
73	73	21 required to verify the work eligibility status of all
74	74	22 employees of the contractor hired after June 30, 2011,
75	75	23 through the E-Verify program if the E-Verify program no
76	76	24 longer exists; and
77	77	25 (C) a provision that provides that the contractor must
78	78	26 provide:
79	79	27 (i) documentation to the public agency that the
80	80	28 contractor has enrolled in the E-Verify program and
81	81	29 confirmed the work eligibility status of all employees
82	82	30 who will be working on the public works project before
83	83	31 the individuals begin working on the public works
84	84	32 project; and
85	85	33 (ii) the E-Verify case verification number for each
86	86	34 employee who will be working on the public works
87	87	35 project; and
88	88	36 (2) the contractor signs an affidavit affirming that:
89	89	37 (A) the contractor does not knowingly employ an
90	90	38 unauthorized alien; and
91	91	39 (B) the E-Verify documentation provided to the public
92	92	40 agency is complete and accurate.
93	93	2025 IN 385—LS 7084/DI 137