Indiana 2022 Regular Session

Indiana House Bill HB1409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1409
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-13-5-7; IC 5-16-15-7; IC 5-22-24.
7	7	Synopsis: Government contracts. Provides that a governmental body
8	8	may not enter into a contract with a person for the purchase of supplies
9	9	or services unless the contract contains a written verification from the
10	10	person that the person: (1) does not have a practice, policy, guidance,
11	11	or directive that discriminates against a firearm entity or a firearm trade
12	12	association; and (2) will not discriminate during the term of the
13	13	contract against a firearm entity or a firearm trade association. Applies
14	14	this requirement to public works contracts and to contracts relating to
15	15	investment of public funds.
16	16	Effective: July 1, 2022.
17	17	Smaltz
18	18	January 13, 2022, read first time and referred to Committee on Government and Regulatory
19	19	Reform.
20	20	2022 IN 1409—LS 6700/DI 75 Introduced
21	21	Second Regular Session of the 122nd General Assembly (2022)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2021 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1409
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning state
33	33	and local administration.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 5-13-5-7 IS ADDED TO THE INDIANA CODE
36	36	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
37	37	3 1, 2022]: Sec. 7. IC 5-22-24 applies to the investment of funds under
38	38	4 this article.
39	39	5 SECTION 2. IC 5-16-15-7 IS ADDED TO THE INDIANA CODE
40	40	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41	41	7 1, 2022]: Sec. 7. IC 5-22-24 applies to a contract.
42	42	8 SECTION 3. IC 5-22-24 IS ADDED TO THE INDIANA CODE AS
43	43	9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
44	44	10 1, 2022]:
45	45	11 Chapter 24. Prohibition on Contracts With Companies That
46	46	12 Discriminate Against Firearms and Ammunition
47	47	13 Sec. 1. As used in this chapter, "ammunition" means a loaded
48	48	14 cartridge case, primer, bullet, or propellant powder with or
49	49	15 without a projectile.
50	50	16 Sec. 2. (a) As used in this chapter, "discriminate against a
51	51	17 firearm entity or firearm trade association" means, with respect to
52	52	2022 IN 1409—LS 6700/DI 75 2
53	53	1 the entity or association, to do any of the following:
54	54	2 (1) Refusing to engage in the trade of any goods or services
55	55	3 with the entity or association based solely on its status as a
56	56	4 firearm entity or firearm trade association.
57	57	5 (2) Refraining from continuing an existing business
58	58	6 relationship with the entity or association based solely on its
59	59	7 status as a firearm entity or firearm trade association.
60	60	8 (3) Terminating an existing business relationship with the
61	61	9 entity or association based solely on its status as a firearm
62	62	10 entity or firearm trade association.
63	63	11 (b) The term does not include any of the following:
64	64	12 (1) The established policies of a merchant, retail seller, or
65	65	13 platform that restrict or prohibit the listing or selling of
66	66	14 ammunition, firearms, or firearm accessories.
67	67	15 (2) A person's refusal to engage in the trade of any goods or
68	68	16 services, decision to refrain from continuing an existing
69	69	17 business relationship, or decision to terminate an existing
70	70	18 business relationship:
71	71	19 (A) to comply with federal, state, or local law, policy, or
72	72	20 regulations or a directive by a regulatory agency; or
73	73	21 (B) for any traditional business reason that is specific to
74	74	22 the customer or potential customer and not based solely on
75	75	23 an entity's or association's status as a firearm entity or
76	76	24 firearm trade association.
77	77	25 Sec. 3. As used in this chapter, "firearm" means a weapon that
78	78	26 expels a projectile by the action of explosive or expanding gases.
79	79	27 Sec. 4. As used in this chapter, "firearm accessory" means a
80	80	28 device specifically designed or adapted to enable an individual to
81	81	29 wear, carry, store, or mount a firearm on the individual or on a
82	82	30 conveyance and an item used in conjunction with or mounted on a
83	83	31 firearm that is not essential to the basic function of the firearm.
84	84	32 The term includes a detachable firearm magazine.
85	85	33 Sec. 5. As used in this chapter, "firearm entity" means any of
86	86	34 the following:
87	87	35 (1) A manufacturer, distributor, wholesaler, supplier, or
88	88	36 retailer of firearms, firearm accessories, or ammunition.
89	89	37 (2) A business establishment, private club, or association that
90	90	38 operates an area for the discharge or other use of firearms for
91	91	39 silhouette, skeet, trap, black powder, target, self-defense, or
92	92	40 similar recreational shooting.
93	93	41 Sec. 6. As used in this chapter, "firearm trade association"
94	94	42 means a person that satisfies all of the following:
95	95	2022 IN 1409—LS 6700/DI 75 3
96	96	1 (1) The person is not organized or operated for profit and for
97	97	2 which none of its net earnings inures to the benefit of any
98	98	3 private shareholder or individual.
99	99	4 (2) The person has two (2) or more firearm entities as
100	100	5 members.
101	101	6 (3) The person is exempt from federal income taxation under
102	102	7 Section 501(a) of the Internal Revenue Code, as an
103	103	8 organization described by Section 501(c) of the Internal
104	104	9 Revenue Code.
105	105	10 Sec. 7. (a) This section applies only to a contract that:
106	106	11 (1) is between a governmental body and a company with at
107	107	12 least ten (10) full-time employees; and
108	108	13 (2) has a value of at least one hundred thousand dollars
109	109	14 ($100,000) that is paid wholly or partly from public funds of
110	110	15 the governmental body.
111	111	16 (b) This section does not apply to the following:
112	112	17 (1) A contract with a sole source.
113	113	18 (2) A contract with a sole proprietorship.
114	114	19 (3) A contract if the purchasing agent does not receive offers
115	115	20 from any person that is able to provide the written
116	116	21 verification required by subsection (c).
117	117	22 (c) A governmental body may not enter into a contract with a
118	118	23 person for the purchase of supplies or services unless the contract
119	119	24 contains a written verification from the person that the person:
120	120	25 (1) does not have a practice, policy, guidance, or directive that
121	121	26 discriminates against a firearm entity or firearm trade
122	122	27 association; and
123	123	28 (2) will not discriminate during the term of the contract
124	124	29 against a firearm entity or firearm trade association.
125	125	2022 IN 1409—LS 6700/DI 75