Indiana 2025 Regular Session

Indiana House Bill HB1363 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. 1363
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-30; IC 5-32-1-5.
7	7	Synopsis: Public works projects. Provides that a contractor that
8	8	employs 10 or more employees on a design-build public works project
9	9	must provide its employees access to a training program applicable to
10	10	the tasks to be performed in the normal course of the employee's
11	11	employment with the contractor on the public project. Provides that a
12	12	tier 1 or tier 2 contractor that employs 50 or more journeymen must
13	13	participate in an apprenticeship or training program that meets certain
14	14	standards. Requires design-builders and any member of a team working
15	15	on a design-build public works project to comply with certain statutes.
16	16	Provides that a public agency awarding a contract for a construction
17	17	manager as constructor project may not take certain actions based on
18	18	a bidder's, offeror's, or contractor's entering into, refusing to enter into,
19	19	adhering to, or refusing to adhere to an agreement with a labor
20	20	organization.
21	21	Effective: July 1, 2025.
22	22	Wesco, Miller D, Hostettler
23	23	January 13, 2025, read first time and referred to Committee on Employment, Labor and
24	24	Pensions.
25	25	2025 IN 1363—LS 6494/DI 141 Introduced
26	26	First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1363
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 5-30-5-3, AS ADDED BY P.L.74-2005, SECTION
41	41	2 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
42	42	3 2025]: Sec. 3. (a) A potential design-builder responding to the request
43	43	4 for qualifications under section 2 of this chapter must submit a verified
44	44	5 statement of qualifications setting forth the qualifications of the
45	45	6 potential design-builder and team members, if applicable, and provide
46	46	7 the other information required by the request for qualifications.
47	47	8 (b) The verified statement of qualifications required under this
48	48	9 section must include the following:
49	49	10 (1) A listing of all prime contractors and architectural and
50	50	11 engineering firms that participate financially as part of the team.
51	51	12 (2) A statement that:
52	52	13 (A) the design-builder or the team members have completed
53	53	14 or demonstrated the experience, competency, capability, and
54	54	15 capacity to complete projects of similar size, scope, or
55	55	16 complexity; and
56	56	17 (B) proposed key personnel have sufficient experience and
57	57	2025 IN 1363—LS 6494/DI 141 2
58	58	1 training to competently manage and complete the design and
59	59	2 construction of the project.
60	60	3 (3) A statement that the design-builder or team members have the
61	61	4 licenses, registrations, and credentials required to design and
62	62	5 construct the project, including information on the revocation or
63	63	6 suspension of a license, credential, or registration.
64	64	7 (4) A statement that the design-builder has the capacity to obtain
65	65	8 all required payment and performance bonding, liability
66	66	9 insurance, and errors and omissions insurance.
67	67	10 (5) The experience modifier rate, the United States Occupational
68	68	11 Safety and Health Administration total recordable case incident
69	69	12 rate (TCIR) and days away, restricted or transferred case incident
70	70	13 rate (DART) for the design-builder and each design build team,
71	71	14 and the average United States Occupational Safety and Health
72	72	15 Administration TCIR and DART rates for the industrial
73	73	16 classification of the design-builder and each design-build team.
74	74	17 (6) A statement that the design-builder or the employees of the
75	75	18 team performing construction services, including the employees
76	76	19 of all subcontractors, have completed or are enrolled in an
77	77	20 apprenticeship program certified by the United States Department
78	78	21 of Labor Bureau of Apprenticeship and Training. comply with
79	79	22 IC 5-30-8-9, if applicable.
80	80	23 (7) Information regarding any prior serious, repeat, willful, or
81	81	24 criminal violation of the federal Occupational Safety and Health
82	82	25 Act of 1970 and any equivalent violation under a state plan
83	83	26 authorized under Section 18 of the federal act that has become a
84	84	27 final order.
85	85	28 (8) Information concerning the debarment, disqualification, or
86	86	29 removal of the design-builder or a team member from a federal,
87	87	30 state, or local government public works project.
88	88	31 (9) Information concerning the bankruptcy or receivership of the
89	89	32 design-builder or a team member.
90	90	33 SECTION 2. IC 5-30-8-8 IS ADDED TO THE INDIANA CODE
91	91	34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
92	92	35 1, 2025]: Sec. 8. (a) The definitions set forth in IC 5-16-13-4 apply
93	93	36 throughout this section.
94	94	37 (b) This section applies after June 30, 2025, only to a contractor
95	95	38 that employs ten (10) or more employees.
96	96	39 (c) This section does not apply to a:
97	97	40 (1) developer; or
98	98	41 (2) general contractor;
99	99	42 unless the developer or general contractor has at least one (1)
100	100	2025 IN 1363—LS 6494/DI 141 3
101	101	1 direct employee who performs construction services.
102	102	2 (d) A contractor must provide access to a training program
103	103	3 applicable to the tasks to be performed in the normal course of the
104	104	4 employee's employment with the contractor.
105	105	5 (e) A contractor may comply with this section through any of
106	106	6 the following:
107	107	7 (1) An apprenticeship program.
108	108	8 (2) A program offered by Ivy Tech Community College of
109	109	9 Indiana.
110	110	10 (3) A program offered by Vincennes University.
111	111	11 (4) A program established by or for the contractor.
112	112	12 (5) A program offered by an entity sponsored by the United
113	113	13 States Department of Labor, Bureau of Apprenticeship and
114	114	14 Training.
115	115	15 (6) A program that results in the award of an industry
116	116	16 recognized portable certification.
117	117	17 (7) A program approved by the United States Department of
118	118	18 Transportation, Federal Highway Administration.
119	119	19 (8) A program approved by the Indiana department of
120	120	20 transportation.
121	121	21 (f) This subsection applies after June 30, 2025, to a tier 1 or tier
122	122	22 2 contractor that employs fifty (50) or more journeymen. The tier
123	123	23 1 or tier 2 contractor shall participate in an apprenticeship or
124	124	24 training program that meets the standards established by or
125	125	25 approved by any of the following:
126	126	26 (1) The United States Department of Labor, Bureau of
127	127	27 Apprenticeship and Training.
128	128	28 (2) The Indiana department of labor.
129	129	29 (3) The United States Department of Transportation, Federal
130	130	30 Highway Administration.
131	131	31 (4) The Indiana department of transportation.
132	132	32 SECTION 3. IC 5-30-8-9 IS ADDED TO THE INDIANA CODE
133	133	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
134	134	34 1, 2025]: Sec. 9. The following apply to a design-builder and any
135	135	35 member of a team on a public project:
136	136	36 (1) IC 22-5-1.7.
137	137	37 (2) A design-builder and any member of a team may not pay
138	138	38 cash to any individual employed for any work done by the
139	139	39 individual on a public project.
140	140	40 (3) A design-builder and any member of a team must be in
141	141	41 compliance with the federal Fair Labor Standards Act of
142	142	42 1938, as amended (29 U.S.C. 201-209) and IC 22-2-2-1
143	143	2025 IN 1363—LS 6494/DI 141 4
144	144	1 through IC 22-2-2-8.
145	145	2 (4) A design-builder and any member of a team must be in
146	146	3 compliance with IC 22-3-5-1 and IC 22-3-7-34.
147	147	4 (5) A design-builder and any member of a team must be in
148	148	5 compliance with IC 22-4-1 through IC 22-4-39.5.
149	149	6 (6) A design-builder and any member of a team must be in
150	150	7 compliance with IC 4-13-18-1 through IC 4-13-18-7.
151	151	8 SECTION 4. IC 5-32-1-5 IS ADDED TO THE INDIANA CODE
152	152	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
153	153	10 1, 2025]: Sec. 5. (a) A public agency awarding a CMc contract for
154	154	11 a project may not in the bid specifications, project agreements, or
155	155	12 other contract documents do any of the following:
156	156	13 (1) Require a bidder, offeror, or contractor in any contractor
157	157	14 tier to enter into or adhere to an agreement with a labor
158	158	15 organization relating to the project or any public works
159	159	16 project.
160	160	17 (2) Prohibit a bidder, offeror, or contractor in any contractor
161	161	18 tier from entering into or adhering to an agreement with a
162	162	19 labor organization relating to the project or any public works
163	163	20 project.
164	164	21 (3) Discriminate against a bidder, offeror, or contractor in
165	165	22 any contractor tier for any of the following:
166	166	23 (A) Becoming or remaining a signatory to an agreement
167	167	24 with a labor organization relating to the project or any
168	168	25 public works project.
169	169	26 (B) Refusing to become or remain a signatory to an
170	170	27 agreement with a labor organization relating to the project
171	171	28 or any public works project.
172	172	29 (C) Adhering or refusing to adhere to an agreement with
173	173	30 a labor organization relating to the project or any public
174	174	31 works project.
175	175	32 (b) A public agency may not award a grant, tax abatement, or
176	176	33 tax credit that is conditioned upon a requirement that the person
177	177	34 awarded the grant, tax abatement, or tax credit include a term
178	178	35 described in subsection (a) in a CMc contract for the project that
179	179	36 is the subject of the grant, tax abatement, or tax credit.
180	180	37 (c) This section does not do any of the following:
181	181	38 (1) Prohibit a public agency from awarding a CMc contract,
182	182	39 grant, tax abatement, or tax credit to a bidder, offeror, or
183	183	40 contractor in any contractor tier that enters into or that is a
184	184	41 party to an agreement with a labor organization, if both of the
185	185	42 following apply:
186	186	2025 IN 1363—LS 6494/DI 141 5
187	187	1 (A) Being or becoming a party or adhering to an
188	188	2 agreement with a labor organization is not a condition for
189	189	3 award of the CMc contract, grant, tax abatement, or tax
190	190	4 credit.
191	191	5 (B) The public agency does not discriminate against a
192	192	6 bidder, offeror, or contractor in the awarding of the CMc
193	193	7 contract, grant, tax abatement, or tax credit based upon
194	194	8 the bidder's, offeror's, or contractor's status as being or
195	195	9 becoming, or the willingness or refusal to become, a party
196	196	10 to an agreement with a labor organization.
197	197	11 (2) Prohibit a contractor in any contractor tier from
198	198	12 voluntarily entering into or complying with an agreement
199	199	13 entered into with a labor organization in regard to a CMc
200	200	14 contract with a public agency or funded in whole or in part
201	201	15 from a grant, tax abatement, or tax credit from a public
202	202	16 agency.
203	203	17 (3) Prohibit employers or other parties from entering into
204	204	18 agreements or engaging in any other activity protected by the
205	205	19 federal National Labor Relations Act (29 U.S.C. 151-169).
206	206	20 (4) Interfere with the labor relations of parties that are not
207	207	21 regulated under the federal National Labor Relations Act (29
208	208	22 U.S.C. 151-169).
209	209	23 (d) A public agency may exempt a particular project, CMc
210	210	24 contract, grant, tax abatement, or tax credit from the requirements
211	211	25 of any or all of the provisions of this section if the public agency
212	212	26 finds, after public notice and hearing, that special circumstances
213	213	27 require an exemption to avert an imminent threat to public health
214	214	28 or safety. A finding of special circumstances under this subsection
215	215	29 may not be based on the possibility or presence of a labor dispute
216	216	30 concerning:
217	217	31 (1) the use of contractors at any contractor tier that are not
218	218	32 signatories to, or otherwise do not adhere to, agreements with
219	219	33 one (1) or more labor organizations; or
220	220	34 (2) employees on the project who are not members of, or
221	221	35 affiliated with, a labor organization.
222	222	2025 IN 1363—LS 6494/DI 141