Introduced Version
HOUSE BILL No. 1483
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-16-7.
Synopsis: Common construction wage. Requires public work
contractors and subcontractors to keep certain records and report
certain information relating to payment of the common construction
wage. Requires a contractor or subcontractor to post the common
construction wage scale at certain locations. Empowers the department
of labor (department) to enforce the common construction wage law
through investigation of alleged violations, imposition of certain
remedies, and application for judicial remedies. Provides a private right
of action to certain persons to enforce the rights of a worker under the
law. Forbids retaliation against an individual who acts to assist the
enforcement of the common construction wage law. Authorizes the
department to adopt administrative rules to implement certain
enforcement powers. Provides that persons who have certain
relationships with a contractor or subcontractor that violates the law
may not be awarded public work contracts for certain periods of time.
Provides that an agreement in which a worker agrees to work for less
than the common construction wage is void. Provides that violations of
the common construction wage law are misdemeanors. Removes from
the common construction wage law exceptions under which the law
does not apply to: (1) contracts let by the Indiana department of
transportation for the construction of highways, streets, and bridges;
and (2) certain public work done for Purdue University on agricultural
or forestry land owned or occupied by Purdue. Repeals a superseded
criminal statute.
Effective: July 1, 2007.
Kuzman
January 23, 2007, read first time and referred to Committee on Labor and Employment.
Introduced
First Regular Session 115th General Assembly (2007)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1483
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:
SOURCE: IC 5-16-7-1; (07)IN1483.1.1. -->
SECTION 1. IC 5-16-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Any firm, individual,
partnership, limited liability company, or corporation that is awarded
a contract by the state, a political subdivision, or a municipal
corporation for the construction of a public work, and any
subcontractor of the construction, shall pay for each class of work
described in subsection (c)(1) on the project a scale of wages that may
not be less than the common construction wage.
(b) For the purpose of ascertaining what the common construction
wage is in the county, the awarding governmental agency, before
advertising for the contract, shall set up a committee of five (5) persons
as follows:
(1) One (1) person representing labor, to be named by the
president of the state federation of labor.
(2) One (1) person representing industry, to be named by the
awarding agency.
(3) A third member to be named by the governor.
(4) One (1) taxpayer who pays the tax that will be the funding
source for the project and resides in the county where the project
is located. The owner of the project shall make the appointment
under this subdivision.
(5) One (1) taxpayer who pays the tax that will be the funding
source for the project and resides in the county where the project
is located. The legislative body (as defined in IC 36-1-2-9) for the
county where the project is located shall make the appointment
under this subdivision.
(c) As soon as appointed, the committee shall meet in the county
where the project is located and determine in writing the following:
(1) A classification of the labor to be employed in the
performance of the contract for the project, divided into the
following three (3) classes:
(A) Skilled labor.
(B) Semiskilled labor.
(C) Unskilled labor.
(2) The wage per hour to be paid each of the classes.
The committee is not required to consider information not presented to
the committee at the meeting. IC 5-14-1.5 (open door law) applies to
a meeting of the committee.
(d) The rate of wages determined under subsection (c) shall not be
less than the common construction wage for each of the three (3)
classes of wages described in subsection (c) that are currently being
paid in the county where the project is located.
(e) The provisions of this chapter shall not apply to contracts let by
the Indiana department of transportation for the construction of
highways, streets, and bridges. IC 8-23-9 applies to state highway
projects.
(f) A determination under subsection (c) shall be made and filed
with the awarding agency at least two (2) weeks prior to the date fixed
for the letting, and a copy of the determination shall be furnished upon
request to any person desiring to bid on the contract. The schedule is
open to the inspection of the public.
(g) If the committee appointed under subsection (b) fails to act and
to file a determination under subsection (c) at or before the time
required under subsection (f), the awarding agency shall make the
determination, and its finding shall be final.
(h) It shall be a condition of a contract awarded under this chapter
that the successful bidder and all subcontractors shall comply strictly
with all provisions of this chapter, including the determination made
under this section.
(i) The provisions of This chapter do does not apply to public work
projects in this state that would otherwise be subject to the provisions
of this chapter that are to be paid for in whole or in part with funds
granted by the federal government, unless the department of the federal
government making the grant shall consent in writing that the
provisions of this chapter are is applicable to the project.
(j) Notwithstanding any other law, the provisions of this chapter
apply applies to projects that will be:
(1) owned entirely; or
(2) leased with an option to purchase;
by the state or a political subdivision (as defined in IC 36-1-2-13).
(k) Notwithstanding any other law, this chapter does not apply to
projects in which the actual construction costs less than one hundred
fifty thousand dollars ($150,000). If the commissioner determines
that an awarding agency has divided a public work project to avoid
the application of this chapter to the public work project, the
commissioner shall issue an order compelling compliance with this
chapter. In making a determination whether an awarding agency
has divided a public work project to avoid the application of this
chapter to the public work project, the commissioner shall consider
all of the following:
(1) The physical separation of the project structures.
(2) The timing of the work on project phases or structures.
(3) The continuity of project contractors and subcontractors
working on project parts or phases.
(4) The manner in which the public body and the contractor
and subcontractors administer and implement the project.
(l) Information submitted to a committee established under this
section must be accompanied by a written statement signed by the
person or an authorized agent of the person affirming all of the
following:
(1) That the information submitted is accurate and true.
(2) That the person is aware that submission of false
information is a violation of this chapter and a Class B
misdemeanor.
The committee established under this section may not consider
information submitted under this section without the statement
required by this subsection.
SOURCE: IC 5-16-7-2; (07)IN1483.1.2. -->
SECTION 2. IC 5-16-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2.
(a) The state or
any a municipal
corporation
thereof letting
any such contracts a public work contract
shall require any contractor or subcontractor performing
such public
work under the contract to file a schedule of the wages to be paid to
such laborers, workmen, or mechanics thereon with the state or with
such municipal corporation. Such the contractor's or subcontractor's
workers.
(b) The wage schedule shall be filed with the state or the
municipal corporation before any work is performed on such the
contract or subcontract. provided, such
(c) The wage scale shall not be less than the scale determined as
provided in section 1 of this chapter. provided further, that nothing in
(d) This chapter provided shall does not prevent such the contractor
or subcontractor from paying a higher rate of wages than set out in the
schedule of wages filed by him. the contractor or subcontractor.
(e) In addition to complying with IC 22-1-1-15, IC 22-1-1-16,
and IC 22-1-1-17, each contractor and subcontractor on a public
work project shall do the following while engaged on the project:
(1) Make accurate records of each and every class of worker
described in section 1(c)(1) of this chapter that is employed by
the contractor or subcontractor during the public work
project. The records must include the following information
for each worker:
(A) The worker's name.
(B) The worker's address.
(C) The worker's telephone number, if available.
(D) The worker's Social Security number.
(E) The worker's trade classifications.
(F) The hourly wages paid to the worker in each pay
period.
(G) The number of hours the worker worked each day.
(H) The times at which the worker started and finished
work each day.
(2) Submit a certified payroll to the awarding agency each
week. A certification of the payroll must be signed by an
authorized agent of the contractor or subcontractor and must
state the following:
(A) That the payroll records are accurate.
(B) That the hourly rate paid to each worker is not less
than the common construction wage required by this
chapter.
(C) That the contractor or subcontractor is aware that
filing a payroll known to be false is a Class B
misdemeanor.
The contractor or subcontractor may submit the certified
payroll personally, by mail, or by electronic means.
(f) The awarding agency shall keep the records submitted under
subsection (e) for not less than three (3) years after substantial
completion of the public work project. The records submitted
under subsection (e) are public records. However, as provided in
IC 5-14-3-4(a)(12), the Social Security numbers of workers are
confidential.
(g) The contractor or subcontractor shall make the records
described in this section available for inspection by the awarding
agency and by the department during all reasonable hours at a
location within Indiana.
(h) To enable the verification of the accuracy of the records
submitted under this section, each contractor and each
subcontractor shall make its workers available for interview by the
awarding agency and the department at the public work project
site.
(i) Each contractor and each subcontractor on a public work
project shall post the common construction wage scale for each
class of labor described in section 1(c)(1) of this chapter in a
prominent and easily accessible place at:
(1) the public work project site; and
(2) the places where the contractor or subcontractor pays its
workers.
SOURCE: IC 5-16-7-4; (07)IN1483.1.3. -->
SECTION 3. IC 5-16-7-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4. The definitions in this section
apply throughout this chapter:
(1) "Commissioner" refers to the commissioner of labor
appointed under IC 22-1-1-2.
(1) (2) "Common construction wage" means a scale of wages for
each class of work described in section 1(c)(1) of this chapter that
is not less than the common construction wage of all construction
wages being paid in the county where a project is located, as
determined by the committee described in section 1(b) of this
chapter after having considered:
(A) reports from the department of workforce development;
and
(B) any other information submitted by any person to the
committee established under section 1(b) of this chapter.
(3) "Department" refers to the department of labor created
by IC 22-1-1-1. The term includes the commissioner,
employees of the department, and agents authorized by the
commissioner to act on behalf of the department.
(4) "Interested party" means any of the following:
(A) A contractor that submits a bid for the award of a
public work contract.
(B) A subcontractor of a contractor described in clause
(A).
(C) A labor organization that:
(i) represents workers engaged in the same craft or
classification as workers employed by a contractor or
subcontractor described in clause (A) or (B); and
(ii) has as a purpose negotiating with employers
concerning wages, hours, or terms and conditions of
employment for employees.
(D) An association of contractors or subcontractors
described in clause (A) or (B).
(E) A joint labor-management committee established
under the federal Labor Management Cooperation Act of
1978 (29 U.S.C. 175a).
(2) (5) "State"
of Indiana" includes any officer, board,
commission, or other agency authorized by law to award contracts
for the performance of public work on behalf of the state,
excepting except as otherwise provided in this chapter.
(3) (6) "Municipal corporation" includes:
(A) any county, city, town, or school corporation;
as well as
and any officer, board, commission, or other agency authorized
by law to award contracts for the performance of public work
on behalf of
any such municipal corporation. an entity
described in clause (A).
The term also includes a redevelopment commission established
under IC 36-7-14-3.
(7) "Payroll records" means the payroll records that a
contractor or subcontractor is required to file under section
2 of this chapter.
(4) (8) "Public work" includes any public building, highway,
street, alley, bridge, sewer, drain, improvement, or any other work
of any nature or character
whatsoever which is paid for out of
public funds,
excepting except as otherwise provided in this
chapter.
(9) "Records" means any books, documents, papers, payrolls,
registers, or other records, in whatever form maintained.
(10) "Worker" means a laborer, mechanic, or worker
employed by a contractor or subcontractor on a public work
project.
SOURCE: IC 5-16-7-5; (07)IN1483.1.4. -->
SECTION 4. IC 5-16-7-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5. (a) This chapter does not apply
to contractors or subcontractors performing public work for Purdue
University on agricultural or forestry land owned or occupied by the
university and used by it for educational or research purposes if the
cost of the work is estimated to be less than fifty thousand dollars
($50,000).
(b) Except as provided in IC 5-23, this chapter does not apply to a
person that has entered into an operating agreement with the state, a
municipal corporation, or another political subdivision for the
management or operation of a public facility under IC 5-23.
SOURCE: IC 5-16-7-6; (07)IN1483.1.5. -->
SECTION 5. IC 5-16-7-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 6. (a) The commissioner shall do the following:
(1) Enforce the provisions of this chapter.
(2) Diligently investigate a complaint of a violation of this
chapter.
(3) Institute actions for remedies prescribed by this chapter.
(b) The commissioner may, on behalf of the state, seek judicial
relief to enjoin:
(1) the awarding of a contract that would be awarded in
violation of this chapter;
(2) the beginning of a public work that has or would be begun
in violation of this chapter; or
(3) the continuation of a public work that is being performed
in violation of this chapter.
(c) At the request of the commissioner or the commissioner's
authorized agent, the attorney general or the prosecuting attorney
of a county shall prosecute criminal violations of this chapter.
(d) In addition to exercising its powers under IC 22-1-1, the
department may do any of the following to enforce this chapter:
(1) Enter and inspect the place of business or employment of
a contractor or subcontractor that has performed or is
performing work under a public work contract.
(2) Inspect records that relate in any way to the wages, hours,
or other conditions of employment of a worker employed by
a contractor or subcontractor that has performed or is
performing work under a public work contract.
(3) Make copies of records inspected under subdivision (2).
(4) Question workers to determine compliance with this
chapter.
(5) Administer oaths.
(6) Take depositions.
(7) Require, by subpoena, the attendance of witnesses and the
production of records to determine compliance with this
chapter. The circuit or superior court of the county where a
subpoena is served shall enforce the subpoena.
(8) Require a contractor or subcontractor to affirm
statements regarding wages, hours, names, addresses, and
other information relating to the employment of workers that
the department considers necessary.
(9) Require the state or municipal corporation that awarded
the public work contract to withhold not more than
twenty-five percent (25%) of the payments to be made to a
contractor or subcontractor that has failed to produce records
required by the department under this section not later than
ten (10) days after the department requested production of
the records. Upon production of the requested records, the
department shall direct the state or municipal corporation to
release money withheld under this subdivision.
(10) If a contractor or subcontractor refuses to produce
records required by the department under this section, the
department shall order the state or municipal corporation
that awarded the public work contract to pay directly to the
workers employed by the contractor or subcontractor from
the amount withheld under subdivision (9) any wages found
to be due to those workers under this chapter.
(11) Contract with a certified public accountant to conduct an
audit of a contractor, a subcontractor, the state, or a
municipal corporation to determine compliance with this
chapter.
SOURCE: IC 5-16-7-7; (07)IN1483.1.6. -->
SECTION 6. IC 5-16-7-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 7. (a) As used in this section, "notice of second
violation" means a notice of violation that is issued by the
department to a contractor or subcontractor within three (3) years
after the date on which the department previously issued a notice
of violation to the contractor or subcontractor.
(b) As used in this section, "notice of violation" means the
department's formal written notice to a contractor or
subcontractor that the department has made a determination that
the contractor or subcontractor has committed a violation of this
chapter.
(c) As used in this section, "violation" refers to any of the
following:
(1) The failure or refusal of a contractor or subcontractor to
pay the common construction wage to one (1) or more
workers as required by this chapter.
(2) The failure of a contractor or subcontractor to keep
accurate payroll records.
(3) The failure of a contractor's or subcontractor's payroll
records to comply with the requirements of this chapter.
(4) A failure of a contractor or subcontractor to comply with
section 2 of this chapter that is not described in subdivision (2)
or (3).
(5) The refusal of a contractor or subcontractor to submit
records or give testimony to the department in response to a
subpoena issued under this chapter.
(6) The refusal of a contractor or subcontractor to permit the
department to inspect the contractor's or subcontractor's
records as required by this chapter.
(7) The failure of a contractor or subcontractor to post the
common construction wage information as required by this
chapter.
(d) Upon receiving a complaint that this chapter has been
violated, the department shall investigate the circumstances
described in the complaint. The department may begin an
investigate on its own initiative without receiving a complaint.
(e) When making a determination whether a violation of this
chapter has occurred and whether a notice of violation should be
issued, the department shall consider all information received and
observations made during the investigation.
(f) A notice of violation must identify the following:
(1) The specific violations of this chapter that have occurred.
(2) The amount of money the department estimates is in
controversy.
(g) In determining whether a contractor or subcontractor has
failed to give the department access to payroll records, the
department may rely on the following:
(1) All information documented during the investigation.
(2) The certified payroll records filed with the awarding
agency.
(3) Other relevant information.
(h) Each separate violation must be described in the notice of
violation. Each day worked by one (1) worker in violation of this
chapter is considered a separate violation.
(i) After determining that a contractor or subcontractor has
violated this chapter, the department shall consider the following
when deciding whether to issue a notice of violation:
(1) The severity of the violation. The department shall
consider the following:
(A) Whether the contractor or subcontractor has received
two (2) or more notices of violation.
(B) Whether the violations are substantive and not merely
mathematical, bookkeeping, computer, programming, or
other technical errors.
(2) The total amount of wages required to be paid under this
chapter that have not been paid.
(3) The nature and duration of the present violations.
(4) The contractor's or subcontractor's history of violations
of this chapter. When making an evaluation under this
subdivision, the department may not consider violations that
occurred more than seven (7) years before the date of a notice
of second violation.
(5) Whether the contractor or subcontractor has made a good
faith attempt to do the following:
(A) File certified payroll records with the awarding
agency.
(B) Keep accurate records for three (3) years.
(C) Produce certified payroll records as required by
section 2 of this chapter.
(6) Whether the contractor or subcontractor has other
violations of this chapter.
(j) A notice of violation must contain the following information:
(1) The name of the contractor or subcontractor alleged to
have violated this chapter.
(2) An identification of the public work project involved.
(3) A specific reference to the provision of this chapter that
the contractor or subcontractor is alleged to have violated.
(4) A description of the violation.
(5) A statement whether the notice is a first notice issued to
the contractor or subcontractor or a second notice of
violation.
(6) A summary of the following:
(A) The rights and responsibilities of the parties involved.
(B) The procedures that will be followed to resolve the
allegations.
(k) The department must send a notice of violation by certified
mail addressed to the last known address of the contractor or
subcontractor.
SOURCE: IC 5-16-7-8; (07)IN1483.1.7. -->
SECTION 7. IC 5-16-7-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 8. (a) Any of the following may maintain a private
action on behalf of a worker to recover damages for the
contractor's or subcontractor's failure to pay the worker the
common construction wage required by this chapter:
(1) The individual.
(2) The department.
(3) An interested party.
(b) A person described in subsection (a) who obtains a judgment
in an action brought under this section may recover from the
contractor or subcontractor all of the following:
(1) The difference between what was paid to the worker and
what the worker was entitled to be paid under this chapter.
(2) Two percent (2%) of the amount determined under
subdivision (1) computed from the date of the failure of the
contractor or subcontractor to pay the worker the amount
due the worker to the date the amount determined under
subdivision (1) is paid to the worker. In case of a notice of
second violation, the worker is entitled to five percent (5%) of
the amount determined under subdivision (1) computed from
the date of the failure of the contractor or subcontractor to
pay the worker the amount due the worker to the date the
amount determined under subdivision (1) is paid to the
worker.
(3) Litigation costs.
(4) Reasonable attorney's fees.
(c) In addition to money awarded under subsection (b), the
court shall impose on the contractor or subcontractor a penalty of
twenty percent (20%) of the amount determined under subsection
(b)(1). In case of a notice of second violation, the court shall impose
on the contractor or subcontractor a penalty of fifty percent (50%)
of the amount determined under subsection (b)(1). A penalty
imposed under this subsection shall be paid to the department.
(d) A person other than the worker who maintains an action
under this section for a worker holds any amounts recovered under
subsection (b)(1) and (b)(2) in trust for the individual. If the
worker for whom amounts are held in trust under this subsection
does not claim the money not later than one (1) year after the
money is paid to the person, the money shall be considered
unclaimed property under IC 32-34.
SOURCE: IC 5-16-7-9; (07)IN1483.1.8. -->
SECTION 8. IC 5-16-7-9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 9. (a) A person may not cause the discharge of,
discipline of, or any discrimination against an individual because
of any of the following:
(1) The individual caused the filing or institution of a
proceeding under this chapter.
(2) The individual has testified or will testify in a proceeding
relating to the administration or enforcement of this chapter.
(3) The individual provides evidence of a violation of this
chapter.
(b) An individual who believes the individual has been
discharged, disciplined, or discriminated against in violation of this
section may apply to the department for a review of the discharge,
discipline, or discrimination.
(c) An individual who seeks review under this section must do
the following:
(1) File an application for review with the department not
later than one hundred eighty (180) days after the discharge,
discipline, or discrimination in violation of this section has
occurred.
(2) Serve a copy of the application on the person alleged to
have violated this section.
(d) Upon receiving an application filed under this section, the
department shall investigate the circumstances as the department
considers appropriate.
(e) Upon the request of the individual who filed the application
or the person alleged to have violated this section, the department
shall hold a hearing under IC 4-21.5 on the matter.
(f) After concluding its investigation under subsection (d) and
hearings held under subsection (e), the department shall make
findings of fact and conclusions of law.
(g) If the department finds that a violation of this section has
occurred, the department shall issue an order requiring the person
that violated this section to do the following:
(1) Cease the violation.
(2) Take whatever action the department considers necessary
to remedy any injury done to the individual who filed the
application.
(h) If the department finds that a violation of this section was
not committed, the department shall dismiss the application.
(i) The department may adopt rules under IC 4-22-2 not
inconsistent with this chapter and IC 4-21.5 to implement this
section.
SOURCE: IC 5-16-7-10; (07)IN1483.1.9. -->
SECTION 9. IC 5-16-7-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 10. (a) This section applies to the following:
(1) A contractor or subcontractor that the department has
found in violation of this chapter at least two (2) times during
any three (3) year period.
(2) A person who has an interest in a contractor or
subcontractor described in subdivision (1).
(b) For purposes of this section, a person has an interest in a
contractor or subcontractor if the person is any of the following:
(1) A partner in the partnership that is the contractor or
subcontractor.
(2) An owner or officer of the contractor or subcontractor.
(3) An agent, an employee, a manager, or a representative of
the contractor or subcontractor.
(4) A consultant to the contractor or subcontractor.
(5) A person who pays a contractor or subcontractor from
money that the person is paid for performance of work on a
public work project.
(c) A person described in subsection (a) may not be considered
responsible for purposes of awarding a public work contract at any
time not more than five (5) years after the department has found
the most recent violation of this chapter described in subsection (a).
(d) Notwithstanding IC 22-1-1-8(2), the department shall do the
following:
(1) Keep a current list of contractors and subcontractors that
the department has found in violation of this chapter at least
two (2) times during any three (3) year period.
(2) Publish the list on the department's Internet web site.
(3) Provide the list at no charge to a state agency or municipal
corporation that requests the list.
SOURCE: IC 5-16-7-11; (07)IN1483.1.10. -->
SECTION 10. IC 5-16-7-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 11. An agreement:
(1) that is made between:
(A) an individual who is:
(i) a worker for; or
(ii) an applicant for employment by;
a contractor or subcontractor; and
(B) the contractor or subcontractor; and
(2) that provides for the worker or individual to work for the
contractor or subcontractor on a public work project for
wage lower than the applicable common construction wage;
is void.
SOURCE: IC 5-16-7-12; (07)IN1483.1.11. -->
SECTION 11. IC 5-16-7-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 12. A contractor or subcontractor who knowingly or
intentionally does either of the following commits a Class B
misdemeanor:
(1) Fails to pay the rate of wages determined under this
chapter.
(2) Fails to comply with an order issued under this chapter.
SOURCE: IC 6-16-7-13; (07)IN1483.1.12. -->
SECTION 12. IC 6-16-7-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 13. (a) This section does not apply to an agent or a
representative of a labor organization collecting the dues or
assessments of the labor organization.
(b) A person who knowingly or intentionally:
(1) asks for or receives money or any other property from a
worker before or after the worker is employed to work on a
public work project; and
(2) represents, states, or implies that the worker's failure to
pay the money or give the property will prevent the worker
from obtaining or retaining employment on the public work
project;
commits a Class A misdemeanor.
(c) It is not a defense to a prosecution under this section that the
worker agreed to give the money or the property to the person.
SOURCE: IC 5-16-7-14; (07)IN1483.1.13. -->
SECTION 13. IC 5-16-7-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 14. (a) A person who knowingly or intentionally
violates this chapter commits a Class B misdemeanor.
(b) Failure to comply with this chapter is a violation of this
chapter.
SOURCE: IC 5-16-7-3; (07)IN1483.1.14. -->
SECTION 14. IC 5-16-7-3 IS REPEALED [EFFECTIVE JULY 1,
2007].