January 29, 2010
SENATE BILL No. 188
_____
DIGEST OF SB 188
(Updated January 27, 2010 7:13 pm - DI 87)
Citations Affected: IC 4-13.6; IC 5-16.
Synopsis: Qualification of public works professionals. Requires state
agencies and a political subdivision to comply with certain procedures
when acquiring the services of architects, engineers, and land
surveyors. (Under current law, the procedures are not mandatory and
do not apply to a state agency.)
Effective: July 1, 2010.
Boots, Randolph
January 5, 2010, read first time and referred to Committee on Local Government.
January 28, 2010, reported favorably _ Do Pass.
January 29, 2010
Second Regular Session 116th General Assembly (2010)
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SENATE BILL No. 188
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-13.6-5-7; (10)SB0188.1.1. -->
SECTION 1. IC 4-13.6-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) Competitive bids
are not required for the acquisition of land or for professional services
relating to public works projects. In awarding contracts for professional
services relating to public works projects, the director shall do both of
the following:
(1) Comply with IC 5-16-11.1.
(2) Submit a recommendation to the commissioner, who shall
award a contract.
(b) In making a recommendation to the commissioner, the director
shall consider only the competence and the qualifications of the
persons offering to perform the professional services in relation to the
type of services to be performed. The department shall negotiate
compensation for performance of the professional services that the
commissioner determines is reasonable.
SOURCE: IC 5-16-11.1-3; (10)SB0188.1.2. -->
SECTION 2. IC 5-16-11.1-3, AS AMENDED BY P.L.2-2006,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. As used in this chapter, "public agency"
includes a: any of the following:
(1) A state agency (as defined in IC 4-13-1-1).
(1) (2) A political subdivision (as defined in IC 36-1-2-13).
(2) (3) A municipally owned utility.
(3) (4) A lessor corporation leasing a school building to a school
corporation under IC 20-47-2 or IC 20-47-3. or
(4) (5) A lessor corporation constructing a public facility to be
leased to a political subdivision.
SOURCE: IC 5-16-11.1-4; (10)SB0188.1.3. -->
SECTION 3. IC 5-16-11.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) When
professional services are required for a project, a public agency may:
shall do at least one (1) of the following:
(1) Publish notice in accordance with IC 5-3-1.
(2) Provide for notice (other than notice in accordance with
IC 5-3-1) as it determines is reasonably calculated to inform those
performing professional services of a proposed project.
(3) Provide for notice in accordance with both subdivisions (1)
and (2). or
(4) Determine not to provide any notice.
(b) If the public agency provides for notice under subsection (a)(1),
(a)(2), or (a)(3), each notice must include all of the following:
(1) The location of the project.
(2) A general description of the project.
(3) The general criteria to be used in selecting professional
services firms for the project.
(4) The place where any additional project description or
specifications are on file.
(5) The hours of business of the public agency. and
(6) The last date for accepting statements of qualifications from
interested parties.
SOURCE: IC 5-16-11.1-5; (10)SB0188.1.4. -->
SECTION 4. IC 5-16-11.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. A public agency
may
shall make all contracts for professional services on the basis of
competence and qualifications for the type of services to be performed
and negotiate compensation that the public agency determines to be
reasonable.