Introduced Senate Bill (S)

Authored by

DIGEST

Local government common construction wage. Allows the legislative body of a political subdivision to adopt an ordinance requiring the political subdivision to establish a common construction wage for public work projects awarded by the political subdivision. Exempts projects: (1) in which the actual construction costs are less than $350,000; (2) that are paid for in whole or in part by federal funds unless the federal government gives written consent; and (3) that are undertaken by a person that has entered into an operating agreement with a political subdivision for the management or operation of a public facility under IC 5-23. Local government common construction wage. Allows the legislative body of a political subdivision to adopt an ordinance requiring the political subdivision to establish a common construction wage for public work projects awarded by the political subdivision. Exempts projects: (1) in which the actual construction costs are less than $350,000; (2) that are paid for in whole or in part by federal funds unless the federal government gives written consent; and (3) that are undertaken by a person that has entered into an operating agreement with a political subdivision for the management or operation of a public facility under IC 5-23. Requires the board having the power to award a contract for public work to set up a five member committee to determine the common construction wage for the political subdivision before advertising a contract. Provides that the committee members are: (1) an individual representing labor to be named by the president of the state federation of labor; (2) an individual representing industry to be named by the board; (3) an individual to be named by the state president of the Associated Builders and Contractors; and (4) two taxpayers who pay the tax that is the funding source for the project and reside in the political subdivision where the project is located, one taxpayer appointed by the owner of the project and one taxpayer appointed by the legislative body for the political subdivision where the project is located. Requires the committee to determine in writing: (1) a classification of the labor to be employed in the performance of the contract for the project, divided into three classes: (A) skilled labor; (B) semiskilled labor; and (C) unskilled labor; and (2) the wage per hour to be paid to each of the classes. Provides that the rate of wages determined by the committee applies to any contract which the board lets not later than three months after the date the committee determines the rate of wages. Requires the committee to make and file the determination with the board at least two weeks before the date fixed for the letting of the project. If the committee fails to act, requires the board letting the contract to make the determination, which is final. Requires a contractor or subcontractor to file with the political subdivision before performing any work on the project a schedule of the wages to be paid to the workers on the project, which may not be less than the wage scale determined by the committee. Provides that a contractor or subcontractor that knowingly fails to pay the rate of wages determined by the committee commits a Class B misdemeanor, and if the contractor or subcontractor has committed a prior offense, the contract on which the subsequent offense occurs is forfeited, and the contractor or subcontractor may not receive any further payment on the contract. Provides that a person who is a party to a public work contract, or an officer or employee of a political subdivision, who knowingly artificially divides a public work project into two or more projects to avoid paying a common construction wage commits a Class A infraction and the person may not be a party to, or benefit from, a public work contract for two years after the date the violation is adjudicated. ... View more