Bill Text: IN HB1329 | 2010 | Regular Session | Introduced
Bill Title: Indiana business price preferences.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Interstate and International Cooperation [HB1329 Detail]
Download: Indiana-2010-HB1329-Introduced.html
Citations Affected: IC 5-22-15-20.5.
Synopsis: Indiana business price preferences. Provides an additional
preference for purchases made by a state agency for supplies
manufactured or assembled by an Indiana business in Indiana. Deletes
a provision specifying that the Indiana price prefernces are ignored in
certain circumstances if an offeror is from a state bordering Indiana.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Interstate and International
Cooperation.
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 this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) As used in this section, "Indiana business" refers to any of the following:
(1) A business whose principal place of business is located in Indiana.
(2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.
(3) A business that employs Indiana residents as a majority of its employees.
(4) A business that makes significant capital investments in Indiana.
(5) A business that has a substantial positive economic impact on Indiana as defined by criteria developed under subsection (c).
(c) The Indiana department of administration shall consult with the
Indiana economic development corporation in developing criteria for
determining whether a business is an Indiana business under subsection
(b). The Indiana department of administration may consult with the
Indiana economic development corporation to determine whether a
particular business meets the requirements of this section and the
criteria developed under this subsection.
(d) There are the following price preferences for supplies purchased
from an Indiana business:
(1) Five percent (5%) for a purchase expected by the state agency
to be less than five hundred thousand dollars ($500,000).
(2) Three percent (3%) for a purchase expected by the state
agency to be at least five hundred thousand dollars ($500,000) but
less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state agency
to be at least one million dollars ($1,000,000).
(e) Notwithstanding subsection (d), a state agency shall award a
contract to the lowest responsive and responsible offeror, regardless of
the preference provided in this section, if:
(1) the offeror is an Indiana business; or
(2) the offeror is a business from a state bordering Indiana and the
business's home state does not provide a preference to the home
state's businesses more favorable than is provided by Indiana law
to Indiana businesses.
(e) If an Indiana business offers to provide supplies
manufactured or assembled in Indiana, the following price
preference is available, in addition to the price preference available
under subsection (d):
(1) Three percent (3%) for a purchase expected by the state
agency to be less than five hundred thousand dollars
($500,000).
(2) Two percent (2%) for a purchase expected by the state
agency to be at least five hundred thousand dollars ($500,000)
but less than one million dollars ($1,000,000).
(3) One percent (1%) for a purchase expected by the state
agency to be at least one million dollars ($1,000,000).
The Indiana department of administration shall adopt rules to
establish guidelines for determining when supplies are
manufactured or assembled in Indiana.
(f) A business that wants to claim a preference provided under this
section must do all of the following:
(1) State in the business's bid that the business claims the
preference provided by this section.
(2) Provide the following information to the department:
(A) The location of the business's principal place of business. If the business claims the preference as an Indiana business described in subsection (b)(1), a statement explaining the reasons the business considers the location named as the business's principal place of business.
(B) The amount of the business's total payroll and the amount of the business's payroll paid to Indiana residents.
(C) The number of the business's employees and the number of the business's employees who are Indiana residents.
(D) If the business claims the preference as an Indiana business described in subsection (b)(4), a description of the capital investments made in Indiana and a statement of the amount of those capital investments.
(E) If the business claims the preference as an Indiana business described in subsection (b)(5), a description of the substantial positive economic impact the business has on Indiana.
