SB 473-7_ Filed 04/11/2011, 11:13 Reske


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 473 be amended to read as follows:

SOURCE: Page 5, line 9; (11)MO047307.5. -->     Page 5, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 8-15.5-6-3; (11)MO047307.6. -->     "SECTION 6. IC 8-15.5-6-3, AS ADDED BY P.L.47-2006, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a toll road project is subject to:
        (1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes; and
        (2) the provisions that may be established by the authority in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5); and
        (3) section 6 of this chapter concerning the employment of Indiana residents by contractors and subcontractors.

SOURCE: IC 8-15.5-6-6; (11)MO047307.7. -->     SECTION 7. IC 8-15.5-6-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the

person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) Except as provided in subsection (f), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
    (c) Except as provided in subsection (f), before August 15 of 2012, and each year thereafter, the authority shall file with the legislative council a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
    (d) Except as provided in subsection (f), a contract awarded under this chapter for a public works project is terminated if the authority determines that the contractor has failed to:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
    (e) Except as provided in subsection (f), a contractor or subcontractor who fails to employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract or subcontract commits a Class B infraction for each nonresident of Indiana employed in excess of the number of nonresident employees permitted by this section.

     (f) If:
        (1) a contract or subcontract subject to this section is funded in whole or in part with federal funds;
and


        (2) imposing the requirements of this section would cause the state to lose the federal funds for the contract, as determined by the federal agency providing the funds;
subsections (b) through (e) do not apply.

     (g) If an agency of the federal government makes a determination under subsection (f) that causes a contract to be exempted from the requirements of subsections (b) through (e), this section is meant to express the view of the general assembly that expanding employment opportunities for Indiana residents remains a vital part of the state's economy.
    (h) A contract exempted from the requirements of subsections (b) through (e) may not reference the employment of Indiana residents. Neither the authority nor an operator may consider the number of employment opportunities for Indiana residents when doing any of the following with respect to a project subject to a contract that is exempted from the requirements of subsections (b) through (e):
        (1) Issuing a request for proposals.
        (2) Issuing a bulletin inviting bids for the contract.
        (3) Prequalifying a contractor for the contract.
        (4) Evaluating a bid for the contract.

     (i) This section does not apply to contracts entered into to perform work:
        (1) resulting from an emergency; or
        (2) performed
by an artisan or by someone in a speciality area with limited persons able to perform the work.".
SOURCE: Page 13, line 28; (11)MO047307.13. -->     Page 13, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 8-15.7-6-6; (11)MO047307.14. -->     "SECTION 14. IC 8-15.7-6-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The operator or any contractor or subcontractor of the operator engaged in the construction of a qualifying project is subject to:
        (1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes;
        (2) the provisions that may be established by the department in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5); and
        (3) section 7 of this chapter concerning the employment of Indiana residents by contractors and subcontractors.

SOURCE: IC 8-15.7-6-7; (11)MO047307.15. -->     SECTION 15. IC 8-15.7-6-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) Except as provided in subsection (f), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
    (c) Except as provided in subsection (f), before August 15 of 2012, and each year thereafter, the department shall file with the legislative council a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
    (d) Except as provided in subsection (f), a contract awarded under this chapter for a public works project is terminated if the department determines that the contractor has failed to:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
    (e) Except as provided in subsection (f), a contractor or subcontractor who fails to employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract or subcontract commits a Class B infraction for each nonresident

of Indiana employed in excess of the number of nonresident employees permitted by this section.
     (f) If:
        (1) a contract or subcontract subject to this section is funded in whole or in part with federal funds;
and
        (2) imposing the requirements of this section would cause the state to lose the federal funds for the contract, as determined by the federal agency providing the funds;
subsections (b) through (e) do not apply.

     (g) If an agency of the federal government makes a determination under subsection (f) that causes a contract to be exempted from the requirements of subsections (b) through (e), this section is meant to express the view of the general assembly that expanding employment opportunities for Indiana residents remains a vital part of the state's economy.
    (h) A contract exempted from the requirements of subsections (b) through (e) may not reference the employment of Indiana residents. Neither the department nor an operator may consider the number of employment opportunities for Indiana residents when doing any of the following with respect to a project subject to a contract that is exempted from the requirements of subsections (b) through (e):
        (1) Issuing a request for proposals.
        (2) Issuing a bulletin inviting bids for the contract.
        (3) Prequalifying a contractor for the contract.
        (4) Evaluating a bid for the contract.

     (i) This section does not apply to contracts entered into to perform work:
        (1) resulting from an emergency; or
        (2) performed
by an artisan or by someone in a speciality area with limited persons able to perform the work.".

SOURCE: Page 15, line 10; (11)MO047307.15. -->     Page 15, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 8-23-9-4.6; (11)MO047307.18. -->     "SECTION 18. IC 8-23-9-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following:
        (1) A person who has registered a motor vehicle in Indiana.
        (2) A person who is registered to vote in Indiana.
        (3) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
        (4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of

Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
    (b) Except as provided in subsection (f), a contract for a public works project under this chapter may not be awarded to a contractor who does not:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees of the contractor who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees working on the subcontract.
    (c) Except as provided in subsection (f), before August 15 of 2012, and each year thereafter, the department shall file with the legislative council a report stating:
        (1) for each contractor awarded a contract under this chapter; and
        (2) for each subcontractor with which a contractor referred to in subdivision (1) enters into a contract in connection with a contract awarded under this chapter;
the percentage of the employees of the contractor or subcontractor who work on the contract and are residents of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.
    (d) Except as provided in subsection (f), a contract awarded under this chapter for a public works project is terminated if the department determines that the contractor has failed to:
        (1) employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract; and
        (2) enter into subcontracts only with subcontractors who employ residents of Indiana as at least eighty percent (80%) of the employees who work on the subcontract.
    (e) Except as provided in subsection (f), a contractor or subcontractor who fails to employ residents of Indiana as at least eighty percent (80%) of the employees who work on the contract or subcontract commits a Class B infraction for each nonresident of Indiana employed in excess of the number of nonresident employees permitted by this section.

     (f) If:
        (1) a contract or subcontract subject to this section is funded in whole or in part with federal funds;
and
        (2) imposing the requirements of this section would cause the state to lose the federal funds for the contract, as determined by the federal agency providing the funds;
subsections (b) through (e) do not apply.

     (g) If an agency of the federal government makes a

determination under subsection (f) that causes a contract to be exempted from the requirements of subsections (b) through (e), this section is meant to express the view of the general assembly that expanding employment opportunities for Indiana residents remains a vital part of the state's economy.
    (h) A contract exempted from the requirements of subsections (b) through (e) may not reference the employment of Indiana residents. The department may not consider the number of employment opportunities for Indiana residents when doing any of the following with respect to a project subject to a contract that is exempted from the requirements of subsections (b) through (e):
        (1) Issuing a request for proposals.
        (2) Issuing a bulletin inviting bids for the contract.
        (3) Prequalifying a contractor for the contract.
        (4) Evaluating a bid for the contract.

     (i) This section does not apply to contracts entered into to perform work:
        (1) resulting from an emergency; or
        (2) performed
by an artisan or by someone in a speciality area with limited persons able to perform the work.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Reske


MO047307/DI 103     2011