Sec. 11. (a) This subsection applies only to a public contract for services entered into or renewed after June 30, 2011. A state agency or political subdivision may not enter into or renew a public contract for services with a contractor unless:

(1) the public contract contains:

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Terms Used In Indiana Code 22-5-1.7-11

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • business entity: means a person or group of persons that perform or engage in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. See Indiana Code 22-5-1.7-1
  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: means a person that satisfies either of the following:

    Indiana Code 22-5-1.7-2

  • E-Verify program: means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P. See Indiana Code 22-5-1.7-3
  • political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 22-5-1.7-5
  • public contract for services: means any type of written agreement between a state agency or political subdivision and a contractor for the procurement of services. See Indiana Code 22-5-1.7-6
  • state agency: has the meaning set forth in IC 4-13-1-1. See Indiana Code 22-5-1.7-7
  • unauthorized alien: has the meaning set forth in Indiana Code 22-5-1.7-9
(A) a provision requiring the contractor to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program; and

(B) a provision that provides that a contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program if the E-Verify program no longer exists; and

(2) the contractor signs an affidavit affirming that the contractor does not knowingly employ an unauthorized alien.

     (b) A state agency or political subdivision may not award a grant of more than one thousand dollars ($1,000) to a business entity unless the business entity:

(1) signs a sworn affidavit that affirms that the business entity has enrolled and is participating in the E-Verify program;

(2) provides documentation to the state agency or political subdivision that the business entity has enrolled and is participating in the E-Verify program; and

(3) signs an affidavit affirming that the business entity does not knowingly employ an unauthorized alien.

As added by P.L.171-2011, SEC.16.

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