Sec. 12. (a) A contractor or a subcontractor may not:

(1) knowingly employ or contract with an unauthorized alien; or

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Terms Used In Indiana Code 22-5-1.7-12

  • 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
  • person: means an individual, a corporation, a limited liability company, a partnership, or another legal entity. See Indiana Code 22-5-1.7-4
  • political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 22-5-1.7-5
  • public agency: has the meaning set forth in IC 5-30-1-11. See Indiana Code 22-5-1.7-6.2
  • state agency: has the meaning set forth in IC 4-13-1-1. See Indiana Code 22-5-1.7-7
  • subcontractor: means a person that:

    Indiana Code 22-5-1.7-8

  • unauthorized alien: has the meaning set forth in Indiana Code 22-5-1.7-9
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) retain an employee or contract with a person that the contractor or subcontractor subsequently learns is an unauthorized alien.

     (b) If a contractor violates this section, the state agency, political subdivision, or public agency shall require the contractor to remedy the violation not later than thirty (30) days after the date the state agency, political subdivision, or public agency notifies the contractor of the violation.

     (c) There is a rebuttable presumption that a contractor did not knowingly employ an unauthorized alien if the contractor verified the work eligibility status of the employee through the E-Verify program.

As added by P.L.171-2011, SEC.16. Amended by P.L.252-2015, SEC.33.