SB 441-3_ Filed 02/16/2011, 12:40 Hershman
Adopted 2/17/2011

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 441 be amended to read as follows:

SOURCE: Page 3, line 32; (11)MO044103.3. -->     Page 3, between lines 32 and 33, begin a new paragraph and insert:
    " (b) The workforce of a state agency may perform a public work described in subsection (a) only if:
        (1) the workforce, through demonstrated skills, training, or expertise, is capable of performing the public work; and
        (2) for a public work project under subsection (a) whose cost is estimated to be more than one hundred thousand dollars ($100,000), the agency shall:
            (A) publish a notice under IC 5-3-1 that:
                (i) describes the public work that the agency intends to perform with its own workforce; and
                (ii) sets forth the projected cost of each component of the public work as described in subsection (a); and
            (B) determine at a public meeting that it is in the public interest to perform the public work with the agency's own workforce.

A public work project performed by an agency's own workforce must be inspected and accepted as complete in the same manner as a public work project performed under a contract awarded after receiving bids.
    (c) If a public works project involves a structure, an improvement, or a facility under the control of an agency, the agency may not artificially divide the project to bring any part of the project under this section.
".
    Page 3, line 33, strike "(b)" and insert " (c)".
    Page 4, line 2, strike "(c)" and insert " (d)".
    Page 6, between lines 5 and 6, begin a new paragraph and insert:
    " (c) If a state agency performs a public work by means of its own workforce under IC 4-13.6-5-4, the state board of accounts shall include the following in each examination report concerning

the agency:
        (1) An opinion concerning whether the agency has complied with IC 4-13.6-5-4 for each public work performed by the agency's own workforce.
        (2) A brief description of each public work that the agency has performed with its own workforce under IC 4-13.6-5-4, including a calculation of the actual cost of each public work under IC 4-13.6-5-4.
        (3) An opinion concerning whether the agency has complied with IC 4-13.6-5-4(c) in calculating the actual costs of a public work project performed under IC 4-13.6-5-4.

     (d) If a state educational institution performs a public work by means of its own workforce under IC 5-16-1-1.5, the state board of accounts shall include the following in each examination report concerning the state educational institution:
        (1) An opinion concerning whether the state educational institution has complied with IC 5-16-1-1.5 for each public work performed by the state educational institution's own workforce.
        (2) A brief description of each public work that the state educational institution has performed with its own workforce under IC 5-16-1-1.5, including a calculation of the actual cost of each public work under IC 5-16-1-1.5.
        (3) An opinion concerning whether the state educational institution has complied with IC 5-16-1-1.5 in calculating the actual costs of a public work project performed under IC 5-16-1-1.5.
".
    Page 6, line 6, delete "(c)" and insert " (e)".
    Page 6, line 11, after "1.5." insert " (a)".
    Page 6, between lines 19 and 20, begin a new paragraph and insert:
    " (b) The workforce of a state educational institution may perform a public work described in subsection (a) only if:
        (1) the workforce, through demonstrated skills, training, or expertise, is capable of performing the public work; and
        (2) for a public work project under subsection (a) whose cost is estimated to be more than one hundred thousand dollars ($100,000), the state educational institution shall:
            (A) publish a notice under IC 5-3-1 that:
                (i) describes the public work that the state educational institution intends to perform with its own workforce; and
                (ii) sets forth the projected cost of each component of the public work as described in subsection (a); and
            (B) determine at a public meeting that it is in the public interest to perform the public work with the state educational institution's own workforce.

A public work project performed by a state educational

institution's own workforce must be inspected and accepted as complete in the same manner as a public work project performed under a contract awarded after receiving bids.
    (c) If a public work project involves a structure, an improvement, or a facility under the control of a state educational institution, the state educational institution may not artificially divide the project to bring any part of the project under this section.
".
    (Reference is to SB 441 as printed February 11, 2011.)

________________________________________

Senator HERSHMAN


MO044103/DI 87
2011