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 IC 22-5-1.7-11.1 IS REPEALED [EFFECTIVE JULY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