HB 1063-1_ Filed 01/30/2007, 16:51

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Adopted Rejected







    Your Committee on       Ways and Means     , to which was referred       House Bill 1063     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 5-22-16-4; (07)AM106301.1. -->     SECTION 1. IC 5-22-16-4, AS AMENDED BY P.L.246-2005, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) An offeror that is a foreign corporation must be registered with the secretary of state to do business in Indiana in order to be considered responsible.
    (b) This subsection applies to a purchase of supplies or services tangible personal property for a state agency under a contract entered into or purchase order sent to an offeror (in the absence of a contract) after June 30, 2003, 2007, including a purchase described in IC 5-22-8-2 or IC 5-22-8-3. A state agency may not purchase tangible personal property or services from a person that is delinquent in the payment of amounts due from the person under IC 6-2.5 (gross retail and use tax) unless the person provides a statement from the

department of state revenue that the person's delinquent tax liability:
        (1) has been satisfied; or
        (2) has been released under IC 6-8.1-8-2.
    (c) The purchasing agent may award a contract to an offeror pending the offeror's registration with the secretary of state. If, in the judgment of the purchasing agent, the offeror has not registered within a reasonable period, the purchasing agent shall cancel the contract. An offeror has no cause of action based on the cancellation of a contract under this subsection.

SOURCE: IC 6-2.5-4-14; (07)AM106301.2. -->     SECTION 2. IC 6-2.5-4-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. The department of administration and each purchasing agent for a state educational institution (as defined in IC 20-12-0.5-1) shall provide the department with a list of every person who desires to enter into a contract to sell tangible personal property or services to an agency (as defined in IC 4-13-2-1) or a state educational institution. The department shall notify the department of administration or the purchasing agent of the state educational institution if a person on the list does not have a registered retail merchant certificate or is delinquent in remitting or paying amounts due to the department under this article.
SOURCE: IC 6-2.5-8-10; (07)AM106301.3. -->     SECTION 3. IC 6-2.5-8-10 IS REPEALED [EFFECTIVE JULY 1, 2007].
    (Reference is to HB 1063 as introduced.)

and when so amended that said bill do pass.


Representative Crawford

AM106301/DI 92    2007