HB 1216-13_ Filed 03/28/2011, 11:15 Davis


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1216 be amended to read as follows:

    Page 2 delete lines 30 through 31.

SOURCE: Page 3, line 25; (11)MO121626.3. -->     Page 3, line 25, after "costs" insert " are".
    Page 3, line 25, strike "one".
    Page 3, line 26, delete "million dollars ($1,000,000)." and insert " the following:
        (1) For contracts awarded after December 31, 2011, and before January 1, 2013, two hundred fifty thousand dollars ($250,000).
        (2) For contracts awarded after December 31, 2012, three hundred fifty thousand dollars ($350,000).
    (l) A person who submits written reports or other information to a committee under this chapter must include a written affirmation, under the penalties for perjury, that to the best of the person's knowledge and belief, the information submitted is accurate and true.
".
    Page 3, line 38, delete "information" and insert " reports with respect to wage scales".
    Page 3, line 40, delete "information" and insert " reports with respect to wage scales".
    Page 4, line 7, reset in roman "school corporation,"
    Page 4, line 7, after "as well as" insert " or".
    Page 4, line 7, reset in roman "any".
    Page 4, delete lines 17 through 29, begin a new paragraph and insert:
SOURCE: IC 5-16-7-6; (11)MO121626.4. -->     "SECTION 4. IC 5-16-7-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) A public work project may not be artificially divided into two (2) or more projects to avoid the application of this chapter.
    (b) A bidder, quoter, or other person who is a party to a public work contract who knowingly violates this section commits a Class A infraction and may not be a party to, or benefit from, a public work contract for two (2) years after the date of the adjudication.
    (c) An officer or employee of the state or a municipal corporation who knowingly violates this section commits a Class A infraction.
".
SOURCE: Page 5, line 40; (11)MO121626.5. -->     Page 5, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20-3.9; (11)MO121626.6. -->     "SECTION 6. IC 6-1.1-20-3.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.9. (a) This section applies if a political subdivision wants authority to use project labor agreements in the plans, specifications, or contract documents for any public works project that is part of the controlled project.
    (b) The definitions in IC 5-16-12 apply in this section.
    (c) In addition to the question placed on the ballot under section 3.6(c) of this chapter, the following question shall be submitted to the eligible voters at the election conducted under section 3.6 of this chapter:
        "Shall ________ (insert the name of the political subdivision) be authorized to suspend IC 5-16-12-5 and enter into a union-only contract for any public works projects paid for from the proceeds of the bonds or lease to finance ___________ (insert the description of the controlled project used in the public question under section 3.6(c) of this chapter)?".
    (d) If a political subdivision submits the public question described in subsection (c) to the voters, the political subdivision shall submit to the department of local government finance an explanation of the effect of suspension of IC 5-16-12-5 with the information required to be posted on the department's Internet web site under section 3.6(k) of this chapter.
    (e) If a majority of the eligible voters voting on the public question put to the voters under section 3.6(c) of this chapter vote in opposition to that public question, the result of the vote on the public question put to the voters under this section has no effect.
    (f) If a majority of the eligible voters voting on the public question put to the voters under subsection (c) vote in opposition to that public question, the political subdivision may not suspend the provisions of IC 5-16-12-5 for any public works projects paid from the proceeds of the bonds or lease.
    (g) IC 3 and section 3.6 of this chapter, to the extent not

inconsistent with this section, apply to an election held under this section.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1216 as printed February 18, 2011.)

________________________________________

Representative Davis


MO121626/DI 75     2011