Introduced Version




Citations Affected: IC 5-16-7-2.

Synopsis: Common construction wage certification. Requires contractors and subcontractors on public works projects to certify each week certain information relating to the wages paid to the workers on the project.

Effective: July 1, 2007.


    January 11, 2007, read first time and referred to Committee on Labor and Employment.


First Regular Session 115th General Assembly (2007)

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.
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    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 5-16-7-2; (07)IN1157.1.1. -->     SECTION 1. IC 5-16-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The state or any municipal corporation thereof of the state letting any such contracts a public works contract shall require any contractor or subcontractor performing such public work under the contract to file a schedule of the wages to be paid to such the laborers, workmen, or mechanics thereon doing work with the state or with such the municipal corporation. Such The schedule shall be filed before any work is performed on such the contract or subcontract. provided, such The wage scale shall not be less than the scale determined as provided in section 1 of this chapter. provided further, that nothing in This chapter provided shall does not prevent such the contractor or subcontractor from paying a higher rate of wages than set out in the schedule of wages filed by him. the contractor or subcontractor.
    (b) Each contractor or subcontractor performing work on a public works project shall file each week with the awarding agency a certified statement with respect to the classification of labor and

wages paid each worker, in the performance of the contract for the project, during the preceding weekly payroll period. The statement must be:
        (1) executed by:
            (A) the contractor or subcontractor; or
            (B) an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages;
        (2) affirmed under the penalties for perjury; and
        (3) on:
            (A) a certified payroll report form; or
            (B) an equivalent to the certified payroll form.
The contractor or subcontractor shall deliver each weekly statement to the awarding agency not later than seven (7) days after the regular payment date of the payroll period.
    (c) The certified payroll form must set out accurately and completely at least the following information for each worker:
        (1) Name.
        (2) Address.
        (3) Labor classification.
        (4) Wage rate paid.
        (5) The daily and weekly number of hours worked.
        (6) Deductions made from wages paid.
        (7) Actual wages paid.
    (d) A contractor or subcontractor may submit the certified payroll form on a paper or electronic form.
    (e) Subject to IC 5-15-5.1-5, the department of labor shall develop the format and style of the certified payroll form developed by the department of labor in accordance with this section.