First Regular Session 112th General Assembly (2001)


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 this style type.
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HOUSE ENROLLED ACT No. 1395




     AN ACT to amend the Indiana Code concerning state and local administration.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 5-22-15-24.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24.2. (a) As used in this section, "forced labor" has the meaning set forth in 19 U.S.C. 1307.
    (b) If an offeror offers to furnish supplies made in a country other than the United States, a governmental body may not award a contract to the offeror for those supplies if the supplies were made using forced labor.
    (c) A governmental body shall inform offerors in the solicitation of the provisions of this section.
        
SECTION 2. IC 5-22-15-25 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 25. (a) As used in this section, "steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two (2) or more such operations, by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process.
    (b) As used in this section, "United States" includes all territory, continental or insular, subject to the jurisdiction of the United States.
    (c) Unless the head of the purchasing agency makes a written

determination described in subsection (d), a solicitation must require that if any steel products are used in:
        (1) the manufacture of the supplies required under the contract; or
        (2) supplies used in the performance of the services under the contract by the contractor or a subcontractor of the contractor;
the steel products must be manufactured in the United States.
    (d) Subsection (c) does not apply if the:
        (1) head of the purchasing agency determines in writing that:
            (A) the cost of the contract with the requirements of subsection (c) would be greater than one hundred fifteen percent (115%) of the cost of the contract without the requirements of subsection (c); and
            (B) failure to impose the requirements of subsection (c) would not in any way:
                (i) harm the business of a facility that manufactures steel products in Indiana; or
                (ii) result in the reduction of employment or wages and benefits of employees of a facility described in item (i); or
        (2) purchase is:
            (A) less than ten thousand dollars ($10,000); and
            (B) made under the small purchase policies (as described in IC 5-22-8-2(b)) established by the purchasing agency or under rules adopted by the governmental body.
    (e) A purchasing agency shall inform offerors in the solicitation of the provisions of this section.

    SECTION 3. IC 5-22-17-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. A contract awarded under this article must include the requirements of IC 5-22-15-25(c) unless the head of the purchasing agency makes a determination under IC 5-22-15-25(d).
    SECTION 4. IC 5-22-19-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. An Indiana taxpayer has standing to:
        (1) challenge a determination made under IC 5-22-15-25(d); and
        (2) enforce a contract provision required by IC 5-22-17-14 if the contract is related to steel products (as defined in IC 5-22-15-25(a)) or supplies manufactured by steel products.


HEA 1395 _ CC 1

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