SB 93 reinstates and codifies Indiana’s “common construction wage” framework for public works projects awarded after June 30, 2025. The bill requires contractors and subcontractors on covered public work to pay wages at or above a county-based common construction wage determined by a five-member committee, and it sets out how that committee is formed, what information it may consider, how long its wage determination lasts, and how the wage schedule must be made available to bidders and the public. It also requires contractors and subcontractors to file wage schedules before work begins and allows them to pay higher wages if they choose.
The bill repeals two existing chapters related to the prior common construction wage and wage scales for public works, replacing them with a new chapter in the Indiana Code. It also extends the wage requirement to a wide range of public construction contexts, including certain public-private agreements, design-build projects, redevelopment commission projects, waterworks and sewage works leases, hospital construction, economic development facilities, and various bond-financed projects. In addition, it adds enforcement provisions, including criminal penalties for knowingly failing to pay the required wage and civil penalties for unlawfully dividing a project to avoid coverage.
Impact
SB 93 would significantly expand state wage requirements for public construction by making the common construction wage applicable to most public works contracts and several related financing and procurement arrangements. It amends multiple titles of the Indiana Code to cross-reference the new wage chapter, requires public agencies to include wage determinations in bid materials, and makes compliance a condition of contract performance for covered projects. The bill also creates misdemeanor liability for wage violations and infraction liability for project-splitting, while preserving exemptions for certain small projects, some Purdue agricultural or forestry work, and certain federally funded projects unless the federal agency consents.
Sentiment
Based on the bill text alone, the measure appears strongly pro-labor and pro-prevailing-wage, reflecting an intent to restore wage protections for construction workers on public projects. Because no committee transcript or vote history is provided, there is no recorded public debate in the supplied materials; however, the structure of the bill suggests it is likely to be supported by organized labor and opposed by groups favoring lower project costs or less regulation of public contracting. The bill’s detailed enforcement and broad coverage indicate a policy choice to make wage compliance central to public construction procurement.
Contention
The main points of contention are likely to be the wage floor itself, the administrative process for setting county wage rates, and the bill’s broad reach across many types of public projects and financing structures. Contractors and business groups may object to the added labor costs, the short duration of wage determinations, and the criminal and infraction penalties for noncompliance or project division. Labor organizations are likely to support the bill’s wage protections and anti-evasion rules, while public agencies and project sponsors may be concerned about increased costs, bidding complexity, and the effect on project delivery timelines.