SENATE BILL No. 439
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-16.5-10; IC 5-22-13-6; IC 16-32-2-7.
Synopsis: Public purchases for persons with severe disabilities. Makes
certain changes to the public purchasing law governing purchases for
persons with severe disabilities.
Effective: Upon passage.
January 12, 2011, read first time and referred to Committee on Commerce & Economic
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 439
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 4-13-16.5-10; (11)IN0439.1.1. -->
SECTION 1. IC 4-13-16.5-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. The provisions of this
chapter are in addition to and do not supplant the provisions of
IC 5-22-13 concerning purchases from qualified agencies (as
defined in IC 5-22-13-1) for persons with severe disabilities.
SOURCE: IC 5-22-13-6; (11)IN0439.1.2. -->
SECTION 2. IC 5-22-13-6 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) As used in this section, "awardee"
means a person, other than a qualified agency, that is awarded a
contract or purchase order under this chapter for the provision of
supplies or services for person with severe disabilities.
(b) A contract or purchase order is void or voidable at the
election of a qualified agency if a purchasing agent fails to comply
with section 3 of this chapter.
(c) A purchasing agent shall give notice to each awardee that in
the event it is subsequently determined that the purchasing agent
failed to comply with section 3 of this chapter, the failure may
make the contract void or voidable.
SOURCE: IC 16-32-2-7; (11)IN0439.1.3. -->
SECTION 3. IC 16-32-2-7, AS AMENDED BY P.L.46-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. The committee shall do the following:
(1) Request from any agency of the state or any unit of local
government information concerning product specification and
service requirements to enable the committee to carry out the
intent of this chapter. The requested information shall be
furnished to the executive secretary of the committee.
(2) Meet as often as necessary to carry out the purposes of this
chapter. However, the committee shall meet at least quarterly.
(3) Request from each participating qualified nonprofit agency for
persons with severe disabilities a quarterly report that describes
employment data and the volume of sales for each product or
service sold under this chapter. These reports shall be made
available to the Indiana department of administration.
(4) Establish the price for all products and services provided by
persons with severe disabilities and offered for sale to state
agencies and units of local government under IC 5-22-13 that the
committee determines are suitable for use. The price fixed must
recover for the qualified nonprofit agency for persons with severe
disabilities the cost of raw materials, labor, overhead, and
delivery cost. The committee shall periodically revise the prices
in accordance with changing cost factors and adopt necessary
rules regarding specifications, time of delivery, and fair market
(5) Approve and prepare a publication that lists all products and
services available from any qualified nonprofit agency for persons
with severe disabilities that the committee determines are suitable
for procurement. The procurement list and revisions of the
procurement list shall be distributed to all purchasing officers of
state agencies and units of local government for purchase under
(6) Encourage diversity in products and services provided by
qualified nonprofit agencies for persons with severe disabilities
and discourage unnecessary duplication or competition between
(7) Update the state use catalog not less than every ninety (90)
days starting January 1 of each year. The web based electronic
version shall be considered the catalog of record.
(8) Provide written notice to the secretary of family and social
services and the director of the division of disability and
rehabilitative services if the provisions of this chapter are
violated by a governmental body that is not a political
SOURCE: ; (11)IN0439.1.4. -->
SECTION 4. An emergency is declared for this act.