Current through P.L. 171-2024
Section 5-1-17-18.3 - Prohibition on certain contract limitations for a project(a) The following definitions apply throughout this section:(1) "Contract" includes a lease or other agreement.(2) "Contract limitation" refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following:(A) Requires a bidder, offeror, or contractor in any contractor tier to enter into or adhere to an agreement with a labor organization relating to a project.(B) Prohibits a bidder, offeror, or contractor in any contractor tier from entering into or adhering to an agreement with a labor organization relating to a project.(C) Discriminates against a bidder, offeror, or contractor in any contractor tier for any of the following: (i) Becoming or remaining a signatory to an agreement with a labor organization relating to a project.(ii) Refusing to become or remain a signatory to an agreement with a labor organization relating to a project.(iii) Adhering or refusing to adhere to an agreement with a labor organization relating to a project.(3) "Project" refers to a project of the authority for the construction of a facility and all buildings, facilities, structures, and improvements related to that facility to be financed in whole or in part from funds derived from the establishment of a tax area under IC 36-7-31.5.(4) "Public benefit" refers to a grant, a tax abatement, a tax credit, or establishment or use of tax area revenues related to a project.(b) A contract relating to a project may not require a contractor or subcontractor to enter into a contract limitation as a condition of being awarded and performing work on the contract. Any such provision is void.(c) A public entity may not award a public benefit that is conditioned upon a requirement that the person awarded the public benefit include a contract limitation in a contract document related to a project. Any such provision is void.Added by P.L. 109-2019,SEC. 2, eff. 4/29/2019.