January 6, 2011, read first time and referred to Committee on Pensions and Labor.
Introduced
First Regular Session 117th General Assembly (2011)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 243
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 5-16-7-1; (11)IN0243.1.1. -->
SECTION 1. IC 5-16-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Any firm, individual,
partnership, limited liability company, or corporation that is awarded
a contract by the state, a political subdivision, or a municipal
corporation for the construction of a public work, and any
subcontractor of the construction, shall pay for each class of work
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 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 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) The provisions of this chapter do not apply to public projects in
this state 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 in writing that the
provisions of this chapter are applicable to the project.
(j) Notwithstanding any other law, the provisions of this chapter
apply 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 less than one hundred
fifty thousand dollars ($150,000).
(l) Beginning July 1, 2011, and ending June 30, 2015, the
requirement under this section that a contractor pay its workers a
scale of wages not less than the common construction wage does
not apply to a contractor awarded a construction contract by a
school corporation (as defined in IC 20-18-2-16(a)).