HB 1063-2_ Filed 02/01/2007, 13:25
A minority of your Committee on Ways and Means , which met on January 30,
2007, to consider 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
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-22-16-4. -->
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,
including a purchase described in
IC 5-22-8-2 or IC 5-22-8-3. A state agency may not purchase tangible
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. -->
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 6-2.5-5-39. -->
SECTION 3. IC 6-2.5-5-39, AS AMENDED BY P.L.92-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 39. (a) As used in this section, "cargo trailer"
means a vehicle:
(1) without motive power;
(2) designed for carrying property;
(3) designed for being drawn by a motor vehicle; and
(4) having a gross vehicle weight rating of at least two thousand
two hundred (2,200) pounds.
(b) As used in this section, "recreational vehicle" means a vehicle
with or without motive power equipped exclusively for living quarters
for persons traveling upon the highways. The term includes a travel
trailer, a motor home, a truck camper with a floor and facilities
enabling it to be used as a dwelling, and a fifth wheel trailer.
(c) A transaction involving a cargo trailer, a recreational vehicle, or
an aircraft is exempt from the state gross retail tax if:
(1) the purchaser is a nonresident;
(2) upon receiving delivery of the cargo trailer, recreational
vehicle, or aircraft, the person transports it within thirty (30) days
to a destination outside Indiana;
(3) the cargo trailer, recreational vehicle, or aircraft will be titled
or registered for use in another state or country; and
(4) the cargo trailer, recreational vehicle, or aircraft will not be
titled or registered for use in Indiana.
(5) in the case of a transaction involving a cargo trailer or
recreational vehicle, the cargo trailer or recreational vehicle will
be titled or registered in a state or country that provides an
exemption from sales, use, or similar taxes imposed on a cargo
trailer or recreational vehicle that is purchased in that state or
country by an Indiana resident and will be titled or registered in
A transaction involving a cargo trailer or recreational vehicle that does
not meet the requirements of subdivision (5) is not exempt from the
state gross retail tax.
(d) A purchaser must claim an exemption under this section by
submitting to the retail merchant an affidavit stating the purchaser's
(1) transport the cargo trailer, recreational vehicle, or aircraft to
a destination outside Indiana within thirty (30) days after delivery;
(2) title or register the cargo trailer, recreational vehicle, or
aircraft for use in another state or country.
The department shall prescribe the form of the affidavit, which must
include an affirmation by the purchaser under the penalties for perjury
that the information contained in the affidavit is true. The affidavit
must identify the state or country in which the cargo trailer,
recreational vehicle, or aircraft will be titled or registered.
(e) The department shall provide the information necessary to
determine a purchaser's eligibility for an exemption claimed under this
section to retail merchants in the business of selling cargo trailers or
SOURCE: IC 6-2.5-8-10. -->
SECTION 4. IC 6-2.5-8-10 IS REPEALED [EFFECTIVE JULY 1,
SECTION 5. [EFFECTIVE JULY 1, 2007] IC 6-2.5-5-39, as
amended by this act, applies to retail transactions occurring after
June 30, 2007.
(Reference is to HB 1063 as introduced.)
and when so amended that said bill do pass.
CR106301/DI 116 2007