Bill Text: IN HB1216 | 2011 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 4-13.6-2-4; IC 5-16; IC 8-10-1-31;
IC 8-23-9-59; IC 36-1-12-15.
Synopsis: Public works projects. Provides that plans, specifications,
and contract documents for a public works contract may not: (1)
require a bidder, contractor, or subcontractor to enter into or comply
with an agreement with a labor organization on the same or a related
public works project; or (2) discriminate against a bidder, contractor,
or subcontractor for refusing to enter into, remain signatory to, or
comply with an agreement with a labor organization on the same or a
related public works project. Provides certain interested parties a cause
of action to enforce this prohibition. Raises the threshold for the
application of the common construction wage statute from $150,000 to
$1,000,000. Provides that a common construction wage committee
must consider any information 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 common
wage committee may not address matters other than worker
classification and hourly wages. Provides that the common construction
wage statute does not apply to public works contracts entered into by
a school corporation or a state educational institution. Makes technical
changes.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(1) IC 5-16-3.
(2) IC 5-16-6.
(3) IC 5-16-7, if the estimated cost of the public works project is at least twenty-five thousand dollars ($25,000).
(4) IC 5-16-8.
(5) IC 5-16-9.
(6) IC 5-16-12.
described in subsection (c)(1) on the project a scale of wages that may
not be less than the common construction wage.
(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
awarding agency.
(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
requirements 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) The provisions of This chapter shall does not apply to contracts
let by the Indiana department of transportation for the construction of
highways, streets, and bridges. IC 8-23-9 applies to state highway
projects.
(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)
(j) Notwithstanding any other law,
(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 less than one
(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 information submitted by the Indiana State Building and Construction Trades Council.
(C) Any information submitted by the Associated Builders and Contractors of Indiana.
committee established under section 1(b) of this chapter.
(2) "State" of Indiana" includes any officer, board, commission,
or other agency authorized by law to award contracts for the
performance of public work on behalf of the state, excepting
except as otherwise provided in this chapter.
(3) "Municipal corporation" includes any county, city, town, or
school corporation, as well as 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.
(1) A school corporation.
(2) A state educational institution.
(b) Except as provided in IC 5-23, this chapter does not apply to a person that has entered into an operating agreement with the state, a municipal corporation, or another political subdivision for the management or operation of a public facility under IC 5-23.
Chapter 12. Prohibited Public Works Contract Requirements
Sec. 1. This chapter applies to the plans, specifications, and contract documents for a public works contract entered into, awarded, or renewed by a contracting agency after June 30, 2011.
Sec. 2. As used in this chapter, "contracting agency" refers to the agency, board, commission, officer, or trustee that enters into a public works contract covered by a public works statute.
Sec. 3. As used in this chapter, "interested party" includes the following:
(1) A bidder, contractor, or subcontractor for a public works
contract covered by a public works statute.
(2) An employee of a bidder, contractor, or subcontractor for
a public works contract covered by a public works statute.
(3) A taxpayer of an entity awarding a public works contract
covered by a public works statute.
Sec. 4. As used in this chapter, "public works statute" refers to
any of the following:
(1) IC 4-13.6.
(2) This article.
(3) IC 8-10-1-31.
(4) IC 8-23-9-59.
(5) IC 36-1-12.
Sec. 5. Plans, specifications, and contract documents for a public
works project may not do either of the following:
(1) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement with a labor organization
on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or
subcontractor for refusing to enter into, remain signatory to,
or comply with an agreement with a labor organization on the
same or a related public works project.
Sec. 6. An interested party has a cause of action to challenge the
award of a public works contract that violates this chapter.
Sec. 7. Subject to section 8 of this chapter, an interested party
that prevails in an action under this chapter is entitled to the
following relief:
(1) A declaration that the provisions of the public works
contract that violate this chapter are void.
(2) Costs and attorney's fees.
(3) Any other appropriate relief requested by the interested
party.
Sec. 8. (a) This chapter does not prohibit an employer or any
other person covered by the federal National Labor Relations Act
from entering into agreements or engaging in any other activity
protected by law. This chapter may not be interpreted to interfere
with the labor relations of persons covered by the federal National
Labor Relations Act.
(b) Relief that would interfere with the labor relations of
persons covered by the federal National Labor Relations Act may
not be granted under this chapter.
1, 2011]: Sec. 31. (a) This section applies to a contract for the
following:
(1) Altering, building, constructing, demolishing, improving,
or repairing a building or structure by the commission.
(2) Making an improvement to real property owned by, or
leased in the name of, the commission.
(3) Performing the routine operation, routine repair, or
routine maintenance of existing structures, buildings, or real
property by the commission.
(b) The plans, specifications, and contract documents for a
contract awarded by the commission must comply with IC 5-16-12.
(b) A contract by the board for public work must conform with the antidiscrimination provisions of IC 5-16-6. The board may consider a violation of IC 5-16-6 a material breach of the contract, as provided in IC 22-9-1-10.
(c) The plans, specifications, and contract documents for a public works contract awarded under this chapter must comply with IC 5-16-12.
