Indiana 2025 Regular Session

Indiana House Bill HB1559 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1559.1
	2	+	March 21, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1559
	5	+	_____
	6	+	DIGEST OF HB 1559 (Updated March 19, 2025 10:39 am - DI 153)
	7	+	Citations Affected: IC 5-32.
	8	+	Synopsis: Construction manager as constructor. Provides that when a
	9	+	public agency chooses to employ a construction manager as constructor
	10	+	(CMc) on a public works project, the applicable contract award
	11	+	standard for the project is "lowest and best". Increases the maximum
	12	+	amount of work a CMc may perform on a project from 20% of the total
	13	+	value of a project to 30% of the total value of a project.
	14	+	Effective: July 1, 2025.
	15	+	VanNatter, Moseley
	16	+	(SENATE SPONSOR — BALDWIN)
	17	+	January 21, 2025, read first time and referred to Committee on Employment, Labor and
	18	+	Pensions.
	19	+	February 6, 2025, reported — Do Pass.
	20	+	February 10, 2025, read second time, ordered engrossed.
	21	+	February 11, 2025, engrossed.
	22	+	February 13, 2025, read third time, passed. Yeas 91, nays 0.
	23	+	SENATE ACTION
	24	+	March 3, 2025, read first time and referred to Committee on Local Government.
	25	+	March 4, 2025, reassigned to Committee on Pensions and Labor pursuant to Rule 68(b).
	26	+	March 20, 2025, amended, reported favorably — Do Pass.
	27	+	EH 1559—LS 7532/DI 137 March 21, 2025
1	28		First Regular Session of the 124th General Assembly (2025)
2	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	31		additions will appear in this style type, and deletions will appear in this style type.
5	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	33		provision adopted), the text of the new provision will appear in this style type. Also, the
7	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	35		a new provision to the Indiana Code or the Indiana Constitution.
9	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	37		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1559
12		-	AN ACT to amend the Indiana Code concerning state and local
13		-	administration.
	38	+	ENGROSSED
	39	+	HOUSE BILL No. 1559
	40	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	41	+	and local administration.
14	42		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 5-32-2-3, AS ADDED BY P.L.128-2014,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 3. "Applicable contract award standard" refers to
18		-	the following: means, for purposes of this chapter, "lowest and
19		-	best".
20		-	(1) If the applicable public works statute is IC 4-13.6 or
21		-	IC 36-1-12, the applicable contract award standard is "lowest
22		-	responsive and responsible".
23		-	(2) If the applicable public works statute is IC 5-16, the applicable
24		-	contract award standard is "lowest and best".
25		-	(3) If the applicable public works statute is a statute other than the
26		-	statutes referred to in subdivision (1) or (2), the applicable
27		-	contract award standard is the standard prescribed by the other
28		-	public works statute that is the equivalent to "lowest responsive
29		-	and responsible" or "lowest and best".
30		-	SECTION 2. IC 5-32-3-7, AS ADDED BY P.L.128-2014,
	43	+	1 SECTION 1. IC 5-32-2-3, AS ADDED BY P.L.128-2014,
	44	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	45	+	3 JULY 1, 2025]: Sec. 3. "Applicable contract award standard" refers to
	46	+	4 the following: means, for purposes of this chapter, "lowest and
	47	+	5 best".
	48	+	6 (1) If the applicable public works statute is IC 4-13.6 or
	49	+	7 IC 36-1-12, the applicable contract award standard is "lowest
	50	+	8 responsive and responsible".
	51	+	9 (2) If the applicable public works statute is IC 5-16, the applicable
	52	+	10 contract award standard is "lowest and best".
	53	+	11 (3) If the applicable public works statute is a statute other than the
	54	+	12 statutes referred to in subdivision (1) or (2), the applicable
	55	+	13 contract award standard is the standard prescribed by the other
	56	+	14 public works statute that is the equivalent to "lowest responsive
	57	+	15 and responsible" or "lowest and best".
	58	+	16 SECTION 2. IC 5-32-3-7, AS ADDED BY P.L.128-2014,
	59	+	17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	60	+	EH 1559—LS 7532/DI 137 2
	61	+	1 JULY 1, 2025]: Sec. 7. A CMc may perform a part of the work only if:
	62	+	2 (1) the public agency approves of the CMc's performance of the
	63	+	3 work;
	64	+	4 (2) the CMc would be awarded a contract for the work under the
	65	+	5 applicable contract award standard; and
	66	+	6 (3) the CMc performs only such work that equals not more than
	67	+	7 twenty thirty percent (20%) (30%) of the total value of the
	68	+	8 project.
	69	+	EH 1559—LS 7532/DI 137 3
	70	+	COMMITTEE REPORT
	71	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	72	+	to which was referred House Bill 1559, has had the same under
	73	+	consideration and begs leave to report the same back to the House with
	74	+	the recommendation that said bill do pass.
	75	+	(Reference is to HB 1559 as introduced.)
	76	+	VANNATTER
	77	+	Committee Vote: Yeas 12, Nays 0
	78	+	_____
	79	+	REPORT OF THE PRESIDENT
	80	+	PRO TEMPORE
	81	+	Mr. President: Pursuant to Senate Rule 68(b), I hereby report that
	82	+	House Bill 1559, currently assigned to the Committee on Local
	83	+	Government, be reassigned to the Committee on Pensions and Labor.
	84	+	BRAY
	85	+	_____
	86	+	COMMITTEE REPORT
	87	+	Mr. President: The Senate Committee on Pensions and Labor, to
	88	+	which was referred House Bill No. 1559, has had the same under
	89	+	consideration and begs leave to report the same back to the Senate with
	90	+	the recommendation that said bill be AMENDED as follows:
	91	+	Page 1, after line 15, begin a new paragraph and insert:
	92	+	"SECTION 2. IC 5-32-3-7, AS ADDED BY P.L.128-2014,
31	93		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	94		JULY 1, 2025]: Sec. 7. A CMc may perform a part of the work only if:
33	95		(1) the public agency approves of the CMc's performance of the
34	96		work;
35	97		(2) the CMc would be awarded a contract for the work under the
36		-	HEA 1559 — Concur 2
37	98		applicable contract award standard; and
38	99		(3) the CMc performs only such work that equals not more than
39	100		twenty thirty percent (20%) (30%) of the total value of the
40		-	project.
41		-	~~HEA 1559 — Concur Speaker of the House of Representatives~~
42		-	~~President of the Senate~~
43		-	~~President Pro Tempore~~
44		-	~~Governor of the State of Indiana~~
45		-	~~Date~~: ~~Time:~~
46		-	~~HEA~~ 1559 ~~— Concur~~
	101	+	project.".
	102	+	and when so amended that said bill do pass.
	103	+	EH 1559—LS 7532/DI 137 4
	104	+	(Reference is to HB 1559 as printed February 6, 2025.)
	105	+	ROGERS, Chairperson
	106	+	Committee Vote: Yeas 11, Nays 0.
	107	+	EH 1559—LS 7532/DI 137