Second Regular Session 112th General Assembly (2002)


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     HOUSE ENROLLED ACT No. 1159



     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 4-13-16.5-2; (02)HE1159.1.1. -->     SECTION 1. IC 4-13-16.5-2 , AS AMENDED BY P.L.195-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) There is established a governor's commission on minority and women's business enterprises. The commission shall consist of the following members:
        (1) A governor's designee, who shall serve as chairman of the commission.
        (2) The commissioner of the Indiana department of transportation.
        (3) The director of the department of commerce.
        (4) The commissioner of the department.
        (5) Six (6) Nine (9) individuals with demonstrated capabilities in business and industry, especially minority and women's business enterprises, appointed by the governor from the following geographical areas of the state:
            (A) Two (2) Three (3) from the northern one-third (1/3) of the state.
            (B) Two (2) Three (3) from the central one-third (1/3) of the state.
            (C) Two (2) Three (3) from the southern one-third (1/3) of the state.
        (6) Two (2) members of the house of representatives, no more than one (1) from the same political party, appointed by the

speaker of the house of representatives to serve in a nonvoting advisory capacity.
        (7) Two (2) members of the senate, no more than one (1) from the same political party, appointed by the president pro tempore of the senate to serve in a nonvoting advisory capacity.
Not more than four (4) six (6) of the seven (7) ten (10) members appointed or designated by the governor may be of the same political party. Appointed members of the commission shall serve four (4) year terms. A vacancy occurs if a legislative member leaves office for any reason. Any vacancy on the commission shall be filled in the same manner as the original appointment.
    (b) Each member of the commission who is not a state employee is entitled to the following:
        (1) The minimum salary per diem provided by IC 4-10-11-2.1 (b).
        (2) Reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided under IC 4-13-1-4 and in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each legislative member of the commission is entitled to receive the same per diem, mileage, and travel allowances established by the legislative council and paid to members of the general assembly serving on interim study committees. The allowances specified in this subsection shall be paid by the legislative services agency from the amounts appropriated for that purpose.
    (d) A member of the commission who is a state employee but who is not a member of the general assembly is not entitled to any of the following:
        (1) The minimum salary per diem provided by IC 4-10-11-2.1 (b).
        (2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (3) Other expenses actually incurred in connection with the member's duties.
    (e) The commission shall meet at least four (4) times each year and at other times as the chairman deems necessary.
    (f) The duties of the commission shall include but not be limited to the following:
        (1) Identify minority and women's business enterprises in the state.
        (2) Assess the needs of minority and women's business enterprises.
        (3) Initiate aggressive programs to assist minority and women's

business enterprises in obtaining state contracts.
        (4) Give special publicity to procurement, bidding, and qualifying procedures.
        (5) Include minority and women's business enterprises on solicitation mailing lists.
        (6) Define the duties, goals, and objectives of the deputy commissioner of the department as created under this chapter to assure compliance by all state agencies with state and federal legislation and policy concerning the awarding of contracts to minority and women's business enterprises.
        (7) Establish annual goals:
            (A) for the use of minority and women's business enterprises; and
            (B) derived from a statistical analysis of utilization study of state contracts that are required to be updated every five (5) years.
        (8) Prepare a review of the commission and the various affected departments of government to be submitted to the governor and the legislative council on March 1 and October 1 of each year, evaluating progress made in the areas defined in this subsection.
    (g) The department shall develop size standards based on 13 CFR 121.
    (h) The department shall adopt rules of ethics under IC 4-22-2 for commission members other than commission members appointed under subsection (a)(6) or (a)(7).
    (i) The department shall furnish administrative support and staff as is necessary for the effective operation of the commission.


HEA 1159

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