Indiana 2024 Regular Session

Indiana House Bill HB1232 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1232
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-16-13.
7	7	Synopsis: Fair and open competition for public projects. Provides that
8	8	a public agency may not do any of the following: (1) Require a
9	9	potential bidder on a public works project to provide any information
10	10	that the potential bidder considers confidential or proprietary as a
11	11	requirement for the public agency finding the bidder to be a responsive
12	12	or responsible bidder. (2) By rule, ordinance, or any other action
13	13	relating to contracts for public works projects for which competitive
14	14	bids are required impose any requirement that directly or indirectly
15	15	restricts potential bidders to any predetermined class of bidders defined
16	16	by experience on similar projects, size of company, union membership
17	17	or requiring the use of union labor, or any other criteria. (3) Take
18	18	certain actions based on a bidder's, offeror's, or contractor's entering
19	19	into, refusing to enter into, adhering to, or refusing to adhere to an
20	20	agreement with a labor organization.
21	21	Effective: Upon passage.
22	22	Goodrich, VanNatter, Torr
23	23	January 9, 2024, read first time and referred to Committee on Employment, Labor and
24	24	Pensions.
25	25	2024 IN 1232—LS 6589/DI 137 Introduced
26	26	Second Regular Session of the 123rd General Assembly (2024)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2023 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1232
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning state
38	38	and local administration.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 5-16-13-10.2 IS ADDED TO THE INDIANA
41	41	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
42	42	3 [EFFECTIVE UPON PASSAGE]: Sec. 10.2. (a) A public agency may
43	43	4 not require a potential bidder on a public works project to provide
44	44	5 any information that the potential bidder considers confidential or
45	45	6 proprietary as a requirement for the public agency finding the
46	46	7 bidder to be a responsive or responsible bidder.
47	47	8 (b) This section does not prohibit a public agency from
48	48	9 obtaining information from the lowest responsive bidder to
49	49	10 determine the bidder's responsibility relating to the bidder's
50	50	11 experience, number of employees, and ability to finance the cost of
51	51	12 the public works project.
52	52	13 SECTION 2. IC 5-16-13-10.4 IS ADDED TO THE INDIANA
53	53	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
54	54	15 [EFFECTIVE UPON PASSAGE]: Sec. 10.4. A public agency may not
55	55	16 by rule, ordinance, or any other action relating to contracts for
56	56	17 public works projects for which competitive bids are required
57	57	2024 IN 1232—LS 6589/DI 137 2
58	58	1 impose any requirement that directly or indirectly restricts
59	59	2 potential bidders to any predetermined class of bidders defined by
60	60	3 experience on similar projects, size of company, union membership
61	61	4 or requiring the use of union labor, or any other criteria.
62	62	5 SECTION 3. IC 5-16-13-10.6 IS ADDED TO THE INDIANA
63	63	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
64	64	7 [EFFECTIVE UPON PASSAGE]: Sec. 10.6. (a) A public agency
65	65	8 awarding a contract for a public works project may not in the bid
66	66	9 specifications, project agreements, or other contract documents do
67	67	10 any of the following:
68	68	11 (1) Require a bidder, offeror, or contractor in any contractor
69	69	12 tier to enter into or adhere to an agreement with a labor
70	70	13 organization relating to the public works project or any other
71	71	14 public works project.
72	72	15 (2) Prohibit a bidder, offeror, or contractor in any contractor
73	73	16 tier from entering into or adhering to an agreement with a
74	74	17 labor organization relating to the public works project or any
75	75	18 other public works project.
76	76	19 (3) Discriminate against a bidder, offeror, or contractor in
77	77	20 any contractor tier for any of the following:
78	78	21 (A) Becoming or remaining a signatory to an agreement
79	79	22 with a labor organization relating to the public works
80	80	23 project or any other public works project.
81	81	24 (B) Refusing to become or remain a signatory to an
82	82	25 agreement with a labor organization relating to the public
83	83	26 works project or any other public works project.
84	84	27 (C) Adhering or refusing to adhere to an agreement with
85	85	28 a labor organization relating to the public works project or
86	86	29 any other public works project.
87	87	30 (b) A public agency may not award a grant, tax abatement, or
88	88	31 tax credit that is conditioned upon a requirement that the person
89	89	32 awarded the grant, tax abatement, or tax credit include a term
90	90	33 described in subsection (a) in a contract document for any public
91	91	34 works project that is the subject of the grant, tax abatement, or tax
92	92	35 credit.
93	93	36 (c) This section does not do any of the following:
94	94	37 (1) Prohibit a public agency from awarding a contract, grant,
95	95	38 tax abatement, or tax credit to a private owner, bidder, or
96	96	39 contractor in any contractor tier who enters into or who is a
97	97	40 party to an agreement with a labor organization, if:
98	98	41 (A) being or becoming a party or adhering to an agreement
99	99	42 with a labor organization is not a condition for award of
100	100	2024 IN 1232—LS 6589/DI 137 3
101	101	1 the contract, grant, tax abatement, or tax credit; and
102	102	2 (B) the public agency does not discriminate against a
103	103	3 private owner, bidder, or contractor in the awarding of
104	104	4 that contract, grant, tax abatement, or tax credit based
105	105	5 upon the private owner's, bidder's, or contractor's status
106	106	6 as being or becoming, or the willingness or refusal to
107	107	7 become, a party to an agreement with a labor organization.
108	108	8 (2) Prohibit a contractor in any contractor tier from
109	109	9 voluntarily entering into or complying with an agreement
110	110	10 entered into with a labor organization in regard to a contract
111	111	11 with a public agency or funded in whole or in part from a
112	112	12 grant, tax abatement, or tax credit from a public agency.
113	113	13 (3) Prohibit employers or other parties from entering into
114	114	14 agreements or engaging in any other activity protected by the
115	115	15 federal National Labor Relations Act (29 U.S.C. 151 et seq.).
116	116	16 (4) Interfere with labor relations of parties that are not
117	117	17 regulated under the federal National Labor Relations Act (29
118	118	18 U.S.C. 151 et seq.).
119	119	19 (d) A public agency may exempt a particular project, contract,
120	120	20 grant, tax abatement, or tax credit from the requirements of any
121	121	21 or all of the provisions of this section if the public agency finds,
122	122	22 after public notice and hearing, that special circumstances require
123	123	23 an exemption to avert an imminent threat to public health or
124	124	24 safety. A finding of special circumstances under this subsection
125	125	25 may not be based on the possibility or presence of a labor dispute
126	126	26 concerning:
127	127	27 (1) the use of contractors in any contractor tier who are not
128	128	28 signatories to, or otherwise do not adhere to, agreements with
129	129	29 one (1) or more labor organizations; or
130	130	30 (2) employees on the project who are not members of, or
131	131	31 affiliated with, a labor organization.
132	132	32 SECTION 4. An emergency is declared for this act.
133	133	2024 IN 1232—LS 6589/DI 137