Introduced Version
HOUSE BILL No. 1383
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13.6-5-13; IC 5-16-13; IC 8-10-1-31;
IC 8-23-9-58; IC 34-13-7; IC 36-1-12-22.
Synopsis: Public works projects. Provides that the plans,
specifications, and contract documents for a public works project may
not require bidders, contractors, or subcontractors to enter into or
comply with certain agreements with labor organizations. Provides a
cause of action to challenge the award of a contract that violates these
provisions.
Effective: July 1, 2004.
Gutwein
January 20, 2004, read first time and referred to Committee on Labor and Employment.
Introduced
Second Regular Session 113th General Assembly (2004)
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
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
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
this style type or
this style type reconciles conflicts
between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1383
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 4-13.6-5-13; (04)IN1383.1.1. -->
SECTION 1. IC 4-13.6-5-13 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 13. (a) The plans, specifications, and contract
documents for a public works contract awarded under this chapter
may not do any 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.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires the bidder's,
contractor's, or subcontractor's employees, as a condition of
their employment, to do either of the following:
(A) Become members of or affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(b) This section does not prohibit an employer or any other
person covered by the National Labor Relations Act from entering
into agreements or engaging in any other activity protected by law.
This section may not be interpreted to interfere with the labor
relations of persons covered by the National Labor Relations Act.
SOURCE: IC 5-16-13; (04)IN1383.1.2. -->
SECTION 2. IC 5-16-13 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Chapter 13. Prohibited Public Works Contract Requirements
Sec. 1. (a) This chapter applies to the plans, specifications, and
contract documents for a public works contract awarded by a
contracting agency.
(b) This chapter does not prohibit an employer or any other
person covered by the 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 National Labor Relations Act.
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 this article.
Sec. 3. Plans, specifications, and contract documents may not do
any 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.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires the bidder's,
contractor's, or subcontractor's employees, as a condition of
their employment, to do either of the following:
(A) Become members of or affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
SOURCE: IC 8-10-1-31; (04)IN1383.1.3. -->
SECTION 3. IC 8-10-1-31 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: 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) An improvement to real property owned by, or leased in
the name of, the commission.
(3) 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 may not do any 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.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires the bidder's,
contractor's, or subcontractor's employees, as a condition of
their employment, to do either of the following:
(A) Become members of or affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(c) This section does not prohibit an employer or any other
person covered by the National Labor Relations Act from entering
into agreements or engaging in any other activity protected by law.
This section may not be interpreted to interfere with the labor
relations of persons covered by the National Labor Relations Act.
SOURCE: IC 8-23-9-58; (04)IN1383.1.4. -->
SECTION 4. IC 8-23-9-58 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 58. (a) The plans, specifications, and contract
documents for a contract awarded by the department may not do
any 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.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires the bidder's,
contractor's, or subcontractor's employees, as a condition of
their employment, to do either of the following:
(A) Become members of or affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(b) This section does not prohibit an employer or any other
person covered by the National Labor Relations Act from entering
into agreements or engaging in any other activity protected by law.
This section may not be interpreted to interfere with the labor
relations of persons covered by the National Labor Relations Act.
SOURCE: IC 34-13-7; (04)IN1383.1.5. -->
SECTION 5. IC 34-13-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Chapter 7. Enforcement of Certain Public Works Statutes
Sec. 1. As used in this chapter, "applicable statute" refers to any
of the following:
(1) IC 4-13.6-5-13.
(2) IC 5-16-13.
(3) IC 8-10-1-31.
(4) IC 8-23-9-58.
(5) IC 36-1-12-22.
Sec. 2. As used in this chapter, "interested party" includes the
following:
(1) A bidder, contractor, or subcontractor for a public works
contract covered by an applicable statute.
(2) An employee of a bidder, contractor, or subcontractor for
a public works contract covered by an applicable statute.
(3) A taxpayer of an entity awarding a public works contract
covered by an applicable statute.
Sec. 3. An interested party has a cause of action to challenge the
award of a contract that violates an applicable statute.
Sec. 4. Subject to section 5 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 contract that
violate the applicable statute are void.
(2) Costs and attorney's fees.
(3) Any other appropriate relief requested by the interested
party.
Sec. 5. (a) This chapter does not prohibit an employer or any
other person covered by the National Labor Relations Act from
entering into agreements or engaging in any other activity
protected by law.
(b) This chapter may not be interpreted to interfere with the
labor relations of persons covered by the National Labor Relations
Act.
(c) Relief that would interfere with the labor relations of
persons covered by the National Labor Relations Act may not be
granted under this chapter.
SOURCE: IC 36-1-12-22; (04)IN1383.1.6. -->
SECTION 6. IC 36-1-12-22 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 22. (a) The plans, specifications, and contract
documents for a public works contract awarded under this chapter
may not do any 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.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires the bidder's,
contractor's, or subcontractor's employees, as a condition of
their employment, to do either of the following:
(A) Become members of or affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(b) This section does not prohibit an employer or any other
person covered by the National Labor Relations Act from entering
into agreements or engaging in any other activity protected by law.
This section may not be interpreted to interfere with the labor
relations of persons covered by the National Labor Relations Act.