Bill Text: IN SB0418 | 2011 | Regular Session | Amended
Bill Title: Common construction wage.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0418 Detail]
Download: Indiana-2011-SB0418-Amended.html
Citations Affected: IC 5-16; IC 5-30.
Synopsis: Common construction wage. Provides that the committee
established in a county to determine the common construction wage for
the county does not need to meet more often than once every three
months and that the common construction wage determined at a
meeting applies to all public works contracts awarded within the three
months following the meeting. (Currently the committee must meet for
each project.) Requires the committee to establish wages for all
classifications that a county may need during the following three
months. Requires that a new committee meet to establish wages for
projects that require classifications not included on the three-month
wage scale. Removes a requirement that the department of workforce
development must provide reports for each meeting of the committee.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Pensions and Labor.
February 17, 2011, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
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(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 by the committee under subsection (c) applies to any contract for which the awarding government agency lets not later than three (3) months after the date the committee determines the rate of wages. The committee shall establish wages for all classifications of work that may be employed on projects subject to contracts let by the awarding agency for three (3) months after the date the committee determines the rate of wages. If an awarding agency advertises for a contract that includes classifications that are not listed on the existing wage scale, the awarding agency shall form a new committee under subsection (b) to determine the classifications and wages on the contract.
(e) If the awarding government agency lets for a contract later than three (3) months after the committee determines the rate of wages, the awarding government agency shall form a new committee under subsection (b) to determine a rate of wages for the contract. The rate of wages determined under this subsection applies to any contract for which the awarding government agency lets not later than three (3) months after the rate of wages is determined under this subsection.
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) (g) 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) (h) 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) (i) 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), (h), the awarding agency shall make the
determination, and its finding shall be final.
(h) (j) 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) (k) 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) (l) 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) (m) 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).
(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
(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 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 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 is paid for out of public funds, excepting as otherwise provided in this chapter.
(b) If the committee appointed under IC 5-16-7-1(b) fails to act and to file a determination under IC 5-16-7-1(c) within the time required by this section, the public agency shall make the determination, and its finding shall be final.
(c) The time periods set forth in this section apply to any construction services provided for a public project to be constructed under a design-build contract, instead of the time periods set forth in
