Bill Text: IN HB1216 | 2011 | Regular Session | Engrossed
Bill Title: Public works projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1216 Detail]
Download: Indiana-2011-HB1216-Engrossed.html
Citations Affected: IC 5-16; noncode.
(SENATE SPONSORS _ WALKER, BOOTS, KRUSE)
January 12, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
February 17, 2011, reported _ Do Pass.
March 28, 2011, read second time, amended, ordered engrossed.
March 29, 2011, engrossed.
March 30, 2011, read third time, passed. Yeas 54, nays 44.
March 31, 2011, read first time and referred to Committee on Pensions and Labor.
April 14, 2011, amended, reported favorably _ Do Pass.
April 18, 2011, read second time, amended, ordered engrossed.
Digest Continued
respect to wage scales submitted by the Indiana State Building and Construction Trades Council or the Associated Builders and Contractors of Indiana when making a determination of the common construction wage for a public works project. Provides that a committee's determination may not address matters other than those specifically described in the statute. Provides that a public works project may not be artificially divided to avoid application of the common construction wage statute. Urges the legislative council to assign the following topics to a study committee during the 2011 legislative interim: (1) The use of an agreement with a labor organization on public works projects covered by a public works statute. (2) Job classifications used in a common construction wage determination. Makes technical changes.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) For the purpose of ascertaining what the common construction wage is in the county, the awarding governmental agency, before advertising for the contract, shall set up a committee of five (5) persons as follows:
(1) One (1) person representing labor, to be named by the president of the state federation of labor.
(2) One (1) person representing industry, to be named by the
(3) A third member to be named by the governor.
(4) One (1) taxpayer who pays the tax that will be the funding source for the project and resides in the county where the project is located. The owner of the project shall make the appointment under this subdivision.
(5) One (1) taxpayer who pays the tax that will be the funding source for the project and resides in the county where the project is located. The legislative body (as defined in IC 36-1-2-9) for the county where the project is located shall make the appointment under this subdivision.
(c) As soon as appointed, the committee shall meet in the county where the project is located and determine in writing the following:
(1) A classification of the labor to be employed in the performance of the contract for the project, divided into the following three (3) classes:
(A) Skilled labor.
(B) Semiskilled labor.
(C) Unskilled labor.
(2) The wage per hour to be paid each of the classes.
The committee's written determination may not address matters other than those required by subdivisions (1) and (2). The committee is not required to consider information not presented to the committee at the meeting. IC 5-14-1.5 (open door law) applies to a meeting of the committee.
(d) The rate of wages determined under subsection (c) shall not be less than the common construction wage for each of the three (3) classes of wages described in subsection (c) that are currently being paid in the county where the project is located.
(e)
(f) A determination under subsection (c) shall be made and filed with the awarding agency at least two (2) weeks prior to the date fixed for the letting, and a copy of the determination shall be furnished upon request to any person desiring to bid on the contract. The schedule is open to the inspection of the public.
(g) If the committee appointed under subsection (b) fails to act and to file a determination under subsection (c) at or before the time required under subsection (f), the awarding agency shall make the determination, and its finding shall be final.
(h) It shall be a condition of a contract awarded under this chapter
that the successful bidder and all subcontractors shall comply strictly
with the determination made under this section.
(i) The provisions of This chapter do does not apply to public
projects in this state Indiana that would otherwise be subject to the
provisions of this chapter that are to be paid for in whole or in part with
funds granted by the federal government, unless the department of the
federal government making the grant shall consent consents in writing
that the provisions of this chapter are is applicable to the project.
(j) Notwithstanding any other law, the provisions of this chapter
apply applies to projects that will be:
(1) owned entirely; or
(2) leased with an option to purchase;
by the state or a political subdivision (as defined in IC 36-1-2-13).
(k) Notwithstanding any other law, this chapter does not apply to
projects in which the actual construction costs are less than one
hundred fifty thousand dollars ($150,000). the following:
(1) For contracts awarded after December 31, 2011, and
before January 1, 2013, two hundred fifty thousand dollars
($250,000).
(2) For contracts awarded after December 31, 2012, three
hundred fifty thousand dollars ($350,000).
(1) "Common construction wage" means a scale of wages for each class of work described in section 1(c)(1) of this chapter that is not less than the common construction wage of all construction wages being paid in the county where a project is located, as determined by the committee described in section 1(b) of this chapter after having considered the following:
(A) Reports from the department of workforce development.
(B) Any reports with respect to wage scales submitted by the Indiana State Building and Construction Trades Council.
(C) Any reports with respect to wage scales submitted by the Associated Builders and Contractors of Indiana.
(2) "State"
except as otherwise provided in this chapter.
(3) "Municipal corporation" includes any county, city, town, or
school corporation, as well as or any officer, board, commission,
or other agency authorized by law to award contracts for the
performance of public work on behalf of any such a municipal
corporation. The term also includes a redevelopment commission
established under IC 36-7-14-3.
(4) "Public work" includes any public building, highway, street,
alley, bridge, sewer, drain, improvement, or any other work of any
nature or character whatsoever which that is paid for out of
public funds, excepting except as otherwise provided in this
chapter.
(b) A bidder, quoter, or other person who is a party to a public work contract who knowingly violates this section commits a Class A infraction and may not be a party to, or benefit from, a public work contract for two (2) years after the date of the adjudication.
(c) An officer or employee of the state or a municipal corporation who knowingly violates this section commits a Class A infraction.
(b) As used in this SECTION, "public works statute" refers to any of the following:
(1) IC 4-13.6.
(2) IC 5-16.
(3) IC 8-10-1.
(4) IC 8-23-9.
(5) IC 36-1-12.
(c) As used in this SECTION, "study committee" means either of the following:
(1) A statutory committee established under IC 2-5.
(2) An interim study committee.
(d) The legislative council is urged to assign the following topics to a study committee during the 2011 legislative interim:
(1) The use of an agreement with a labor organization on public works projects covered by a public works statute.
(2) Job classifications used in a common construction wage determination.
(e) If a topic described in subsection (d) is assigned to a study committee, the study committee shall determine whether legislation should be enacted to address the topic and, if so, the study committee shall recommend proposed legislation.
(f) This SECTION expires December 31, 2011.
