Indiana Code 36-10-9-6.5. Prohibition on certain contract limitations for a project
(1) “Contract” includes a lease or other agreement.
Terms Used In Indiana Code 36-10-9-6.5
- Board: refers to a capital improvement board of managers created under this chapter. See Indiana Code 36-10-9-2
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(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 board for the construction or lease 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 under this chapter or another law 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.
As added by P.L.109-2019, SEC.19.