MR. SPEAKER:
A minority of your Committee on Employment, Labor and Pensions , which met
on January 10, 2012, to consider House Bill 1001 , has had the same under
consideration and begs leave to report the same back to the House with the recommendation that
said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
as follows:
(1) One (1) person representing labor, to be named by the
president of the state federation of labor.
(2) One (1) person representing industry, to be named by the
awarding agency.
(3) A third member to be named by the state president of the
Associated Builders and Contractors. governor.
(4) One (1) taxpayer who pays the tax that will be the funding
source for the project and resides in the county where the project
is located. The owner of the project shall make the appointment
under this subdivision.
(5) One (1) taxpayer who pays the tax that will be the funding
source for the project and resides in the county where the project
is located. The legislative body (as defined in IC 36-1-2-9) for the
county where the project is located shall make the appointment
under this subdivision.
(c) As soon as appointed, the committee shall meet in the county
where the project is located and determine in writing the following:
(1) A classification of the labor to be employed in the
performance of the contract for the project, divided into the
following three (3) classes:
(A) Skilled labor.
(B) Semiskilled labor.
(C) Unskilled labor.
(2) The wage per hour to be paid each of the classes.
The committee is not required to consider information not presented to
the committee at the meeting. IC 5-14-1.5 (open door law) applies to a
meeting of the committee.
(d) The rate of wages determined by the committee under subsection
(c) applies to any contract for which the awarding government agency
lets not later than three (3) months after the date the committee
determines the rate of wages. The committee shall establish wages for
all classifications of work that may be employed on projects subject to
contracts let by the awarding agency for three (3) months after the date
the committee determines the rate of wages. If an awarding agency
advertises for a contract that includes classifications that are not listed
on the existing wage scale, the awarding agency shall form a new
committee under subsection (b) to determine the classifications and
wages on the contract.
(e) If the awarding government agency lets for a contract later than
three (3) months after the committee determines the rate of wages, the
awarding government agency shall form a new committee under
subsection (b) to determine a rate of wages for the contract. The rate of
wages determined under this subsection applies to any contract for
which the awarding government agency lets not later than three (3)
months after the rate of wages is determined under this subsection.
(f) The rate of wages determined under subsection (c) shall not be
less than the common construction wage for each of the three (3)
classes of wages described in subsection (c) that are currently being
paid in the county where the project is located.
(g) This chapter does not apply to contracts let by the Indiana
department of transportation for the construction of highways, streets,
and bridges. IC 8-23-9 applies to state highway projects.
(h) A determination under subsection (c) shall be made and filed
with the awarding agency at least two (2) weeks prior to the date fixed
for the letting, and a copy of the determination shall be furnished upon
request to any person desiring to bid on the contract. The schedule is
open to the inspection of the public.
(i) If the committee appointed under subsection (b) fails to act and
to file a determination under subsection (c) at or before the time
required under subsection (h), the awarding agency shall make the
determination, and its finding shall be final.
(j) It shall be a condition of a contract awarded under this chapter
that the successful bidder and all subcontractors shall comply strictly
with the determination made under this section.
(k) This chapter does not apply to public projects in Indiana that
would otherwise be subject to this chapter that are to be paid for in
whole or in part with funds granted by the federal government, unless
the department of the federal government making the grant consents in
writing that this chapter is applicable to the project.
(l) Notwithstanding any other law, this chapter applies to projects
that will be:
(1) owned entirely; or
(2) leased with an option to purchase;
by the state or a political subdivision (as defined in IC 36-1-2-13).
(m) Notwithstanding any other law, this chapter does not apply to
projects in which the actual construction costs are less than 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).
one hundred fifty thousand dollars ($150,000).
and when so amended that said bill do pass.