Bill Text: IN HB1002 | 2010 | Regular Session | Amended
Bill Title: Hiring preferences.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Engrossed - Dead) 2010-02-11 - Senators Lanane, Tallian, Rogers and Hume added as cosponsors [HB1002 Detail]
Download: Indiana-2010-HB1002-Amended.html
Citations Affected: IC 4-13.6; IC 5-16; IC 8-10; IC 8-23; IC 36-1;
IC 36-8.
Effective: Upon passage.
November 17, 2009, read first time and referred to Committee on Ways and Means.
January 5, 2010, amended, reported _ Do Pass.
January 7, 2010, read second time, amended, ordered engrossed.
Digest Continued
working on the public works contracts who are residents of Indiana. Allows the hiring authority of a city, county, or township to give a preference in hiring for police and fire department positions to: (1) a police officer or firefighter laid off by a city; (2) a county police officer laid off by a sheriff's department; or (3) a person who was employed full-time or part-time by a township to provide fire protection and emergency services and has been laid off by the township. Provides that a laid off police officer or firefighter may not receive the preference unless the person applies for employment and meets all of the employment requirements established by law and the hiring authority.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set
forth in subdivisions (1) through (3) proves that the person is
not a resident of Indiana.
(b) A contract for a public works project may not be awarded
to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(c) Before August 15 of 2011, and each year thereafter, the
division shall file with the legislative council a report for the
preceding year stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the division determines that the contractor
has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least eighty percent (80%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed in excess of the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) which causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The division may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) A contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(c) Before August 15 of 2011, and each year thereafter, any state
agency entering into contracts under this chapter shall file with the
legislative council a report stating:
(1) for each contractor awarded a contract under this
chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the state or commission determines that the
contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least eighty percent (80%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed in excess of the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) which causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The state or a commission may not consider the number
of employment opportunities for Indiana residents when doing any
of the following with respect to a project subject to a contract that
is exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) A contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
(c) Before August 15 of 2011, and each year thereafter, the commission shall file with the legislative council a report stating:
(1) for each contractor awarded a contract under this chapter; and
(2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
(d) A contract awarded under this chapter for a public works project is terminated if the commission determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract or subcontract commits a Class B infraction for each nonresident of Indiana employed in excess of the number of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the state to lose the federal funds for the contract, as determined by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a determination under subsection (f) which causes a contract to be exempted from the requirements of subsections (a) through (e), this section is meant to express the view of the general assembly that expanding employment opportunities for Indiana residents remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections (a) through (e) may not reference the employment of Indiana residents. The commission may not consider the number of employment opportunities for Indiana residents when doing any of the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) A contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
(c) Before August 15 of 2011, and each year thereafter, the department shall file with the legislative council a report stating:
(1) for each contractor awarded a contract under this chapter; and
(2) for each subcontractor with which a contractor referred
to in subdivision (1) enters into a contract in connection with
a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor
who work on the contract and are residents of Indiana. The report
to the legislative council must be in an electronic format under
IC 5-14-6.
(d) A contract awarded under this chapter for a public works
project is terminated if the department determines that the
contractor has failed to:
(1) employ residents of Indiana as at least eighty percent
(80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who
employ residents of Indiana as at least eighty percent (80%)
of the employees who work on the subcontract.
(e) A contractor or subcontractor who fails to employ residents
of Indiana as at least eighty percent (80%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed in excess of the number
of nonresident employees permitted by this section.
(f) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (e) do not apply.
(g) If an agency of the federal government makes a
determination under subsection (f) which causes a contract to be
exempted from the requirements of subsections (a) through (e), this
section is meant to express the view of the general assembly that
expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(h) A contract exempted from the requirements of subsections
(a) through (e) may not reference the employment of Indiana
residents. The department may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (e):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(i) This section does not apply to contracts entered into to perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area with limited persons able to perform the work.
(1) A person who has registered a motor vehicle in Indiana.
(2) A person who is registered to vote in Indiana.
(3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) A contract for a public works project under this chapter may not be awarded to a contractor who does not:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
(c) A contract awarded under this chapter for a public works project is terminated if the unit determines that the contractor has failed to:
(1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
(2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
(d) A contractor or subcontractor who fails to employ residents of Indiana as at least eighty percent (80%) of the employees who
work on the contract or subcontract commits a Class B infraction
for each nonresident of Indiana employed in excess of the number
of nonresident employees permitted by this section.
(e) If:
(1) a contract or subcontract subject to this section is funded
in whole or in part with federal funds; and
(2) imposing the requirements of this section would cause the
state to lose the federal funds for the contract, as determined
by the federal agency providing the funds;
subsections (a) through (d) do not apply.
(f) If an agency of the federal government makes a
determination under subsection (e) which causes a contract to be
exempted from the requirements of subsections (a) through (d),
this section is meant to express the view of the general assembly
that expanding employment opportunities for Indiana residents
remains a vital part of the state's economy.
(g) A contract exempted from the requirements of subsections
(a) through (d) may not reference the employment of Indiana
residents. The division may not consider the number of
employment opportunities for Indiana residents when doing any of
the following with respect to a project subject to a contract that is
exempted from the requirements of subsections (a) through (d):
(1) Issuing a request for proposals.
(2) Issuing a bulletin inviting bids for the contract.
(3) Prequalifying a contractor for the contract.
(4) Evaluating a bid for the contract.
(h) This section does not apply to contracts entered into to
perform work:
(1) resulting from an emergency; or
(2) performed by an artisan or by someone in a speciality area
with limited persons able to perform the work.
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board or person having the authority to employ members of a fire or police department may give a preference for employment to any of the following:
(1) A police officer or firefighter laid off by another city under section 11 of this chapter.
(2) A county police officer laid off by a sheriff's department under IC 36-8-10-11.1.
(3) A person who:
(A) was employed full-time or part-time by a township to provide fire protection and emergency services; and
(B) has been laid off by the township.
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the fire or police department.
(1) A war veteran who has been honorably discharged from the United States armed forces.
(2) A person whose mother or father was a:
(A) firefighter of a unit;
(B) municipal police officer; or
(C) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
(b) Subject to subsection (c), the board may give a preference for employment to any of the following:
(1) A member of another department laid off under section 11.1 of this chapter.
(2) A police officer laid off by a city under IC 36-8-4-11.
(1) applies; and
(2) meets all employment requirements prescribed:
(A) by law, including physical and age requirements; and
(B) by the department.
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The executive of a
township, with the approval of the legislative body, may do the
following:
(1) Purchase firefighting and emergency services apparatus and
equipment for the township, provide for the housing, care,
maintenance, operation, and use of the apparatus and equipment
to provide services within the township but outside the corporate
boundaries of municipalities, and employ full-time or part-time
personnel to operate the apparatus and equipment and to provide
services in that area. Preference in employment under this section
shall be given according to the following priority:
(A) A war veteran who has been honorably discharged from
the United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
The executive of a township may give a preference for
employment under this section to a person who was employed
full-time or part-time by another township to provide fire
protection and emergency services and has been laid off by
the township. The executive of a township may also give a
preference for employment to a firefighter laid off by a city
under IC 36-8-4-11. A person described in this subdivision may
not receive a preference for employment unless the person applies
for employment and meets all employment requirements
prescribed by law, including physical and age requirements, and
all employment requirements prescribed by the fire department.
(2) Contract with a municipality in the township or in a
contiguous township that maintains adequate firefighting or
emergency services apparatus and equipment to provide fire
protection or emergency services for the township in accordance
with IC 36-1-7.
(3) Cooperate with a municipality in the township or in a
contiguous township in the purchase, maintenance, and upkeep of
firefighting or emergency services apparatus and equipment for
use in the municipality and township in accordance with
IC 36-1-7.
(4) Contract with a volunteer fire department that has been
organized to fight fires in the township for the use and operation
of firefighting apparatus and equipment that has been purchased
by the township in order to save the private and public property
of the township from destruction by fire, including use of the
apparatus and equipment in an adjoining township by the
department if the department has made a contract with the
executive of the adjoining township for the furnishing of
firefighting service within the township.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to townships that provide fire
protection or emergency services or both under subsection (a)(1) and
to municipalities that have some part of the municipal territory within
a township and do not have a full-time paid fire department. A
township may provide fire protection or emergency services or both
without contracts inside the corporate boundaries of the municipalities
if before July 1 of a year the following occur:
(1) The legislative body of the municipality adopts an ordinance
to have the township provide the services without a contract.
(2) The township legislative body passes a resolution approving
the township's provision of the services without contracts to the
municipality.
In a township providing services to a municipality under this section,
the legislative body of either the township or a municipality in the
township may opt out of participation under this subsection by adopting
an ordinance or a resolution, respectively, before July 1 of a year.
(c) This subsection applies only to a township that:
(1) is located in a county containing a consolidated city;
(2) has at least three (3) included towns (as defined in
IC 36-3-1-7) that have all municipal territory completely within
the township on January 1, 1996; and
(3) provides fire protection or emergency services, or both, under
subsection (a)(1);
and to included towns (as defined in IC 36-3-1-7) that have all the
included town's municipal territory completely within the township. A
township may provide fire protection or emergency services, or both,
without contracts inside the corporate boundaries of the municipalities
if before August 1 of the year preceding the first calendar year to which
this subsection applies the township legislative body passes a
resolution approving the township's provision of the services without
contracts to the municipality. The resolution must identify the included
towns to which the resolution applies. In a township providing services
to a municipality under this section, the legislative body of the
township may opt out of participation under this subsection by adopting
a resolution before July 1 of a year. A copy of a resolution adopted
under this subsection shall be submitted to the executive of each
included town covered by the resolution, the county auditor, and the
department of local government finance.
