2019 Indiana Code
Title 36. Local Government
Article 10. Recreation, Culture, and Community Facilities
Chapter 9. Marion County Capital Improvement Board
36-10-9-6.5. Prohibition on certain contract limitations for a project
Sec. 6.5. (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 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.
