*EH1559.1*
March 21, 2025
ENGROSSED
HOUSE BILL No. 1559
_____
DIGEST OF HB 1559 (Updated March 19, 2025 10:39 am - DI 153)
Citations Affected: IC 5-32.
Synopsis: Construction manager as constructor. Provides that when a
public agency chooses to employ a construction manager as constructor
(CMc) on a public works project, the applicable contract award
standard for the project is "lowest and best". Increases the maximum
amount of work a CMc may perform on a project from 20% of the total
value of a project to 30% of the total value of a project.
Effective: July 1, 2025.
VanNatter, Moseley
(SENATE SPONSOR — BALDWIN)
January 21, 2025, read first time and referred to Committee on Employment, Labor and
Pensions.
February 6, 2025, reported — Do Pass.
February 10, 2025, read second time, ordered engrossed.
February 11, 2025, engrossed.
February 13, 2025, read third time, passed. Yeas 91, nays 0.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Local Government.
March 4, 2025, reassigned to Committee on Pensions and Labor pursuant to Rule 68(b).
March 20, 2025, amended, reported favorably — Do Pass.
EH 1559—LS 7532/DI 137 March 21, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1559
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-32-2-3, AS ADDED BY P.L.128-2014,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. "Applicable contract award standard" refers to
4 the following: means, for purposes of this chapter, "lowest and
5 best".
6 (1) If the applicable public works statute is IC 4-13.6 or
7 IC 36-1-12, the applicable contract award standard is "lowest
8 responsive and responsible".
9 (2) If the applicable public works statute is IC 5-16, the applicable
10 contract award standard is "lowest and best".
11 (3) If the applicable public works statute is a statute other than the
12 statutes referred to in subdivision (1) or (2), the applicable
13 contract award standard is the standard prescribed by the other
14 public works statute that is the equivalent to "lowest responsive
15 and responsible" or "lowest and best".
16 SECTION 2. IC 5-32-3-7, AS ADDED BY P.L.128-2014,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1559—LS 7532/DI 137 2
1 JULY 1, 2025]: Sec. 7. A CMc may perform a part of the work only if:
2 (1) the public agency approves of the CMc's performance of the
3 work;
4 (2) the CMc would be awarded a contract for the work under the
5 applicable contract award standard; and
6 (3) the CMc performs only such work that equals not more than
7 twenty thirty percent (20%) (30%) of the total value of the
8 project.
EH 1559—LS 7532/DI 137 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1559, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1559 as introduced.)
VANNATTER
Committee Vote: Yeas 12, Nays 0
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REPORT OF THE PRESIDENT
PRO TEMPORE
Mr. President: Pursuant to Senate Rule 68(b), I hereby report that
House Bill 1559, currently assigned to the Committee on Local
Government, be reassigned to the Committee on Pensions and Labor.
BRAY
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COMMITTEE REPORT
Mr. President: The Senate Committee on Pensions and Labor, to
which was referred House Bill No. 1559, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, after line 15, begin a new paragraph and insert:
"SECTION 2. IC 5-32-3-7, AS ADDED BY P.L.128-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. A CMc may perform a part of the work only if:
(1) the public agency approves of the CMc's performance of the
work;
(2) the CMc would be awarded a contract for the work under the
applicable contract award standard; and
(3) the CMc performs only such work that equals not more than
twenty thirty percent (20%) (30%) of the total value of the
project.".
and when so amended that said bill do pass.
EH 1559—LS 7532/DI 137 4
(Reference is to HB 1559 as printed February 6, 2025.)
ROGERS, Chairperson
Committee Vote: Yeas 11, Nays 0.
EH 1559—LS 7532/DI 137