Bill Text: IN SB0369 | 2010 | Regular Session | Introduced
Bill Title: Veterans' contracting preference.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Homeland Security and Transportation & Veterans Affairs [SB0369 Detail]
Download: Indiana-2010-SB0369-Introduced.html
Introduced Version
SENATE BILL No. 369
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13.6-6; IC 5-16-1; IC 5-22-15; IC 8-23.
Synopsis: Veterans' contracting preference. Provides a 3% price
preference for businesses owned by veterans for purposes of state
public works contracts, state purchasing of goods and services, and
state highway contracts.
Effective: July 1, 2010.
Young R, Mrvan, Deig, Hume
January 12, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
Introduced
Second Regular Session 116th General Assembly (2010)
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
SENATE BILL No. 369
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-13.6-6-2; (10)IN0369.1.1. -->
SECTION 1. IC 4-13.6-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. Except as provided
in section sections 2.7 and 2.8 of this chapter or in rules adopted under
section 2.5 of this chapter, the division shall award a contract to the
lowest responsible and responsive contractor.
SOURCE: IC 4-13.6-6-2.8; (10)IN0369.1.2. -->
SECTION 2. IC 4-13.6-6-2.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 2.8. (a) As used in this section,
"business owned by a veteran" means a business owned and
controlled by a veteran.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a contract entered into under this chapter with a business owned by a veteran.
(e) The division shall compute a preference under this section in the same manner in which a preference is computed under IC 5-22-15.
(f) The department may adopt rules to carry out this section.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a contract entered into under this chapter with a business owned by a veteran.
(e) The division shall compute a preference under this section in the same manner in which a preference is computed under IC 5-22-15.
(f) The department may adopt rules to carry out this section.
SOURCE: IC 5-16-1-1.2; (10)IN0369.1.3. -->
SECTION 3. IC 5-16-1-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.2. (a) Subject to
section 7.5 of this chapter, when a public building or other public
work or improvement of any character is to be constructed, erected,
altered, or repaired at the expense of the state or a commission created
by law (excepting the Indiana department of transportation), and when
the estimated costs cost of the work or improvement is greater than
twenty-five thousand dollars ($25,000) the board, commission, trustee,
officer, or agent acting on behalf of the state or commission created by
law (excepting the Indiana department of transportation), shall adopt
plans and specifications and shall award a contract for the public work
or improvement to the lowest and best bidder who submits a bid for the
performance of the work.
(b) Notwithstanding subsection (a), whenever the cost of any public work is estimated to be less than twenty-five thousand dollars ($25,000), the officer or agent acting on behalf of the state or commission having authority to employ workmen and own, rent, or lease equipment may purchase materials in the manner provided by law and perform the work by means of its own workmen and owned or leased equipment without awarding a construction contract for the work.
(b) Notwithstanding subsection (a), whenever the cost of any public work is estimated to be less than twenty-five thousand dollars ($25,000), the officer or agent acting on behalf of the state or commission having authority to employ workmen and own, rent, or lease equipment may purchase materials in the manner provided by law and perform the work by means of its own workmen and owned or leased equipment without awarding a construction contract for the work.
SOURCE: IC 5-16-1-7.5; (10)IN0369.1.4. -->
SECTION 4. IC 5-16-1-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 7.5. (a) As used in this section, "business owned by a
veteran" means a business owned and controlled by a veteran.
(b) As used in this section, "United States armed forces" means
the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their
reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) A board, commission, trustee, officer, or agent referred to in
section 1.2(a) of this chapter shall grant a three percent (3%)
preference to a business owned by a veteran. The board,
commission, trustee, officer, or agent shall compute a preference
under this section in the same manner in which a preference is
computed under IC 5-22-15.
SOURCE: IC 5-22-15-7; (10)IN0369.1.5. -->
SECTION 5. IC 5-22-15-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) An offeror may
claim one (1) of the following types of preference for which the offeror
is eligible:
(1) An Indiana business preference under rules adopted under section 20 of this chapter or IC 4-13.6-6-2.5.
(2) A preference for supplies as provided by sections 16, 18, 19, and 24 of this chapter.
(3) An Indiana small business preference as provided by section 23 of this chapter.
(4) A veterans' preference as provided by section 26 of this chapter.
(b) An offeror may not claim more than one (1) preference as provided by sections 16, 18, 19, and 24 of this chapter for a given supply item.
(c) This section does not:
(1) apply to; or
(2) limit;
action of the Indiana department of administration under rules adopted under section 21 of this chapter.
(1) An Indiana business preference under rules adopted under section 20 of this chapter or IC 4-13.6-6-2.5.
(2) A preference for supplies as provided by sections 16, 18, 19, and 24 of this chapter.
(3) An Indiana small business preference as provided by section 23 of this chapter.
(4) A veterans' preference as provided by section 26 of this chapter.
(b) An offeror may not claim more than one (1) preference as provided by sections 16, 18, 19, and 24 of this chapter for a given supply item.
(c) This section does not:
(1) apply to; or
(2) limit;
action of the Indiana department of administration under rules adopted under section 21 of this chapter.
SOURCE: IC 5-22-15-26; (10)IN0369.1.6. -->
SECTION 6. IC 5-22-15-26 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 26. (a) As used in this section, "business owned by a
veteran" means a business owned and controlled by a veteran.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a business owned by a veteran that submits an offer for a purchase under this chapter. The purchasing agent shall compute a preference under this section in the same manner in which other price preferences are computed under this chapter.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a business owned by a veteran that submits an offer for a purchase under this chapter. The purchasing agent shall compute a preference under this section in the same manner in which other price preferences are computed under this chapter.
SOURCE: IC 8-23-1-14.2; (10)IN0369.1.7. -->
SECTION 7. IC 8-23-1-14.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 14.2. "Business owned by a veteran" means a
business owned and controlled by a veteran.
SOURCE: IC 8-23-1-42.8; (10)IN0369.1.8. -->
SECTION 8. IC 8-23-1-42.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 42.8. "United States armed forces" means the
following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
SOURCE: IC 8-23-1-44.7; (10)IN0369.1.9. -->
SECTION 9. IC 8-23-1-44.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 44.7. "Veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
SOURCE: IC 8-23-9-3; (10)IN0369.1.10. -->
SECTION 10. IC 8-23-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. Except as provided
in sections 3.5, 4, and 4.5 of this chapter, the commissioner shall let the
contract for the construction, improvement, or maintenance of the road
to the lowest and best bidder. The determination of the lowest and best
bidder must include any requirement imposed under section 13 of this
chapter. The lowest and best bid may not be for a greater sum than the
estimated cost of the project.
SOURCE: IC 8-23-9-3.5; (10)IN0369.1.11. -->
SECTION 11. IC 8-23-9-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 3.5. When awarding a contract under this chapter,
the department shall apply a three percent (3%) preference for a
bid submitted by a business owned by a veteran. The department
shall compute a preference under this section in the same manner
in which a preference is computed under IC 5-22-15.
