COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 210,
has had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
state offices and administration.
Delete everything after the enacting clause and insert the
following:
SECTION 1. IC 4-13-16.5-1, AS AMENDED BY P.L.1-2009,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Commission" refers to the governor's commission on minority
and women's business enterprises established under section 2 of this
chapter.
(c) "Commissioner" refers to the deputy commissioner for minority
and women's business enterprises of the department.
(d) "Contract" means any contract awarded by a state agency for
construction projects or the procurement of goods or services,
including professional services. For purposes of this subsection, "goods
or services" may not include the following when determining the total
value of contracts for state agencies:
(1) Utilities.
(2) Health care services (as defined in IC 27-8-11-1(c)). for any
contract awarded by the state that procures medical
insurance for:
(A) individuals; or
(B) dependents of individuals;
employed by a state agency.
(3) Rent paid for real property or payments constituting the price
of an interest in real property as a result of a real estate
transaction.
(e) "Department" refers to the Indiana department of
administration established by IC 4-13-1-2.
(f) "Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a minority group or a qualified minority
nonprofit corporation.
(g) "Qualified minority or women's nonprofit corporation" means
a corporation that:
(1) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(2) is headquartered in Indiana;
(3) has been in continuous existence for at least five (5) years;
(4) has a board of directors that has been in compliance with all
other requirements of this chapter for at least five (5) years;
(5) is chartered for the benefit of the minority community or
women; and
(6) provides a service that will not impede competition among
minority business enterprises or women's business enterprises at
the time a nonprofit applies for certification as a minority
business enterprise or a women's business enterprise.
(h) "Owned and controlled" means:
(1) if the business is a qualified minority nonprofit corporation,
a majority of the board of directors are minority;
(2) if the business is a qualified women's nonprofit corporation,
a majority of the members of the board of directors are women;
or
(3) if the business is a business other than a qualified minority or
women's nonprofit corporation, having:
(A) ownership of at least fifty-one percent (51%) of the
enterprise, including corporate stock of a corporation;
(B) control over the management and active in the
day-to-day operations of the business; and
(C) an interest in the capital, assets, and profits and losses
of the business proportionate to the percentage of
ownership.
(i) "Minority group" means:
(1) Blacks;
(2) American Indians;
(3) Hispanics; and
(4) Asian Americans.
(j) "Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and politic.
(k) "State agency" refers to any authority, board, branch,
commission, committee, department, division, or other instrumentality
of the executive, including the administrative, department of state
government.
(Reference is to SB 210 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Commerce and Economic
Development.
___________________________
LONG, Chairperson
RS 021001/yl