Bill Text: IN HB1283 | 2011 | Regular Session | Amended
Bill Title: Minority procurement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Commerce & Economic Development [HB1283 Detail]
Download: Indiana-2011-HB1283-Amended.html
Citations Affected: IC 4-13; IC 5-16; IC 5-22.
Synopsis: Minority procurement. Makes the following changes to the
laws governing minority and women's business enterprises: (1)
Restates an exception for certain goods and services. (2) Includes state
educational institutions to coverage by the minority and women's
business enterprises law. (3) Encourages state agencies to use
construction managers. (4) Encourages the use of qualified minority
and women's business enterprises for the state small business
preference.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
February 10, 2011, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
(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 or, as set forth in section 2(f)(11) of this chapter, awarded by a recipient of state grant funds, for construction projects or the procurement of goods or services, including professional services. For purposes of this subsection, "goods or services"
(1) Utilities.
(2) Health care services (as defined in IC 27-8-11-1(c)) that are
subject to consumer choice;
(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.
The exclusions in this subsection do not apply to administrative
services relating to utilities, health care services, and rent.
(e) "Contractor" means a person or entity that:
(1) contracts with a state agency; or
(2) as set forth in section 2(f)(11) of this chapter:
(A) is a recipient of state grant funds; and
(B) enters into a contract:
(i) with a person or entity other than a state agency; and
(ii) that is paid for in whole or in part with the state grant
funds.
(f) "Department" refers to the Indiana department of administration
established by IC 4-13-1-2.
(g) "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.
(h) "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.
(i) "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.
(j) "Minority group" means:
(1) Blacks;
(2) American Indians;
(3) Hispanics; and
(4) Asian Americans.
(k) "Separate body corporate and politic" refers to an entity established by the general assembly as a body corporate and politic.
(l) "State agency" refers to any authority, board, branch, commission, committee, department, division,
(b) The governmental body may adopt rules to establish criteria to carry out this section.
(c) When applying the preference for Indiana small businesses
under this section, a governmental body is encouraged to use
minority and women's business enterprises covered under
IC 4-13-16.5.
