Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
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.
(6) (h) "Owned and controlled" means: having:
(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 board of defectors 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.
(7) (i) "Minority group" means:
(A) (1) Blacks;
(B) (2) American Indians;
(C) (3) Hispanics;
(D) (4) Asian Americans; and
(E) (5) other similar minority groups. as defined by 13 CFR
124.103.
(8) (j) "Separate body corporate and politic" refers to an entity
established by the general assembly as a body corporate and politic.
(9) (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
SECTION 2. IC 4-13-16.5-1.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.3. As used in this
chapter, "women's business enterprise" means a business that is one (1)
of the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by
women in which:
(A) at least fifty-one percent (51%) of the ownership is held by
women; and
(B) the management and daily business operations of which
are controlled by at least one (1) of the women who owns the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who owns the
business; and
(B) that is at least fifty-one percent (51%) owned by women,
or if stock is issued, at least fifty-one percent (51%) of the
stock is owned by at least one (1) of the women.
(4) A qualified women's nonprofit corporation as defined in
IC 4-13-16.5-1(g) and IC 4-13-16.5-1(h).
SECTION 3. IC 4-13-16.5-2, AS AMENDED BY P.L.4-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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 chairperson of the board of the Indiana economic
development corporation or the chairperson's designee.
(4) The commissioner of the department.
(5) 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) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
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) Evaluate the competitive differences between qualified
minority or women's nonprofit corporations and other than
qualified minority or women's nonprofit corporations that
offer similar services and make recommendation to the
department on policy changes necessary to ensure fair
competition among minority and women's business
enterprises.
(6) (7) 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, separate bodies corporate
and politic, and state educational institutions with state and
federal legislation and policy concerning the awarding of
contracts (including, notwithstanding section 1(d) of this
chapter or any other law, contracts of state educational
institutions) to minority and women's business enterprises.
(7) (8) 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 (including, notwithstanding section 1(d) of
this chapter or any other law, contracts of state
educational institutions) that are required to be updated every
five (5) years.
(8) (9) 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.
(10) Ensure that the statistical analysis required under this
section:
(A) is based on goals for participation of minority business
enterprises established in Richmond v. Croson, 488 U.S.
469 (1989);
(B) includes information on both contracts and
subcontracts (including, notwithstanding section 1(d) of
this chapter or any other law, contracts and subcontracts
of state educational institutions); and
(C) uses data on the combined capacity of minority and
women's businesses enterprises in Indiana and not just
regional data.
(g) 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).
(h) The department shall furnish administrative support and staff as
is necessary for the effective operation of the commission.
SECTION 4. IC 4-13-16.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) There is created
in the department a deputy commissioner for minority and women's
business enterprise development. Upon consultation with the
commission, the commissioner of the department, with the approval of
the governor, shall appoint an individual who possesses demonstrated
capability in business or industry, especially in minority or women's
business enterprises, to serve as deputy commissioner to work with the
commission in the implementation of this chapter.
(b) The deputy commissioner shall do the following:
(1) Identify and certify minority and women's business enterprises
for state projects.
(2) Establish a central certification file.
(3) Periodically update the certification status of each minority or
women's business enterprise.
(4) Monitor the progress in achieving the goals established under
section 2(f)(7) 2(f)(8) of this chapter.
(5) Require all state agencies, separate bodies corporate and
politic, and state educational institutions to report on planned and
actual participation of minority and women's business enterprises
in contracts awarded by state agencies. The commissioner may
exclude from the reports uncertified minority and women's
business enterprises.
(6) Determine and define opportunities for minority and women's
business participation in contracts awarded by all state agencies,
separate bodies corporate and politic, and state educational
institutions.
(7) Implement programs initiated by the commission under
section 2 of this chapter.
(8) Perform other duties as defined by the commission or by the
commissioner of the department.
SECTION 5. IC 4-13-16.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) Before January
1 of even-numbered years, the department shall determine whether,
during the most recently completed two (2) year period ending the
previous July 1, the goals set under section 2(f)(7) 2(f)(8) of this
chapter have been met.
(b) The department shall adopt rules under IC 4-22-2 to ensure that
the goals set under section 2(f)(7) of this chapter are met. Expenditures
with business enterprises that qualify as both a minority business
enterprise and a women's business enterprise may be counted toward
the attainment of the goal for either:
(1) minority business enterprises; or
(2) women's business enterprises;
at the election made by the procurer of goods, services, or goods and
services, but not both.
SECTION 6. IC 4-13-16.5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 8. (a) This section applies to a contractor whose offer
designated minority businesses or women's business enterprises to
furnish any supplies or perform any work under the contract
awarded to the contractor.
(b) As used in this section, "contract" refers to any of the
following:
(1) A contract for the purchase of supplies by a state agency.
(2) A contract for the performance of services for a state
agency.
(3) A public works contract (as defined in IC 4-13.6-1-14).
(4) A contract to perform professional services (as defined in
IC 4-13.6-1-11) in connection with a public works contract.
(c) As used in this section, "contractor" refers to a person
awarded a contract by a state agency.
(d) As used in this section, "offer" means a response to a
solicitation. The term includes a bid, proposal, and quote.
(e) As used in this section, "solicitation" means the procedure
by which a state agency invites persons to submit an offer to enter
into a contract with the state agency. The term includes an
invitation for bids, a request for proposals, and a request for
quotes.
(f) Before beginning work on a contract, a contractor shall do
the following:
(1) Notify in writing each minority business and women's
business enterprise designated in the contractor's offer that
the contractor has been awarded the contract.
(2) Give copies of each notification to the state agency that
awarded the contract.
(g) If a contractor fails to comply with subsection (f), the
awarding state agency may consider the failure a breach of
contract and do any of the following:
(1) Cancel the contract.
(2) Collect from the contractor all funds paid to the
contractor under the contract.
(3) Exercise any of the state's rights set out in the contract.
(4) Use the failure as a basis for finding the contractor not
responsible when awarding other contracts.
SECTION 7. IC 4-13-16.5-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 9. (a) The department shall adopt rules under
IC 4-22-2 to establish procedures to resolve grievances arising
under this chapter.
(b) The rules may include informal procedures to resolve
grievances.
(c) The procedures established under the rules must provide for
final resolution of grievances before either of the following:
(1) A panel of three (3) commission members. A panel formed
under this subdivision must consist of at least two (2)
commission members described in section 2(a)(5) of this
chapter.
(2) The commission. However, if the commission acts to
resolve a grievance under this subdivision, members of the
commission described in section 2(a)(6) or 2(a)(7) of this
chapter may not participate in the proceeding.
(d) Final resolution of grievances arising under this chapter are
subject to IC 4-21.5.
SECTION 8. [EFFECTIVE JULY 1, 2007] (a) Notwithstanding
the provisions in IC 4-13-16.5-2, as amended by this act, requiring
that statistical analysis of the use of minority and women's business
enterprises must be updated every five (5) years, the commission
on minority and women's business enterprises shall:
(1) conduct; or
(2) enter into a contract for;
the statistical analysis of the use of minority and women's business
enterprises during the fiscal year beginning July 1, 2007, and
ending June 30, 2008.
(b) The criteria for the analysis in IC 4-13-16.5-2, as amended
by this act, must be used for the statistical analysis required under
this SECTION.
(c) This SECTION expires December 31, 2008.
Date: