SB 385 revises Indiana’s public works contracting rules to require stronger E-Verify compliance for contractors and subcontractors. For public works projects entered into or renewed after June 30, 2025, a construction manager as constructor and subcontractors at any tier must provide the public agency with the E-Verify case verification number for each individual before that person begins work on the project. The bill also bars an individual from working on a public works project if the person’s E-Verify result is a final nonconfirmation.
The bill repeals the current public-works E-Verify contract provision and replaces it with a new section that expands and clarifies contractor obligations. Under the new language, public agencies may not contract for public works unless the contract requires the contractor to enroll in E-Verify, verify the work eligibility of covered employees, provide documentation showing enrollment and verification, and submit case verification numbers. Contractors must also sign an affidavit stating they do not knowingly employ unauthorized aliens and that the E-Verify documentation submitted is complete and accurate.
Impact
SB 385 would amend Indiana Code sections governing labor and public works contracting, primarily IC 5-32-5-6 and IC 22-5-1.7. It increases compliance and documentation requirements for contractors on public works projects, extends obligations to subcontractors of any tier, and creates a more explicit statutory basis for excluding workers with final nonconfirmation results. Public agencies would have to ensure these E-Verify-related contract terms and affidavits are in place before entering into or renewing covered contracts.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the bill appears to be framed as an enforcement and compliance measure rather than a controversial policy overhaul. Its stated purpose suggests support from lawmakers concerned with verifying lawful work authorization on taxpayer-funded projects. No formal vote history or transcript is available here to show broader support or opposition, but the measure’s structure indicates a generally pro-enforcement posture.
Contention
The main points of contention likely involve the burden placed on contractors and subcontractors, especially smaller firms, to provide additional E-Verify documentation and case numbers before work begins. Another likely issue is the expansion of responsibility to subcontractors at any tier and the exclusion of workers with final nonconfirmation results, which could raise concerns about administrative complexity, project delays, and the risk of erroneous nonconfirmation outcomes. Supporters would likely emphasize preventing unauthorized employment on public works and ensuring contract integrity, while opponents may focus on compliance costs and implementation challenges.
State management: purchasing; awarding contracts to entities that donate or contribute to certain political candidates or committees; prohibit. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 264b.