Bill Text: IN SB0228 | 2010 | Regular Session | Introduced
Bill Title: Minority and women's business enterprises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Commerce and Public Policy & Interstate Cooperation [SB0228 Detail]
Download: Indiana-2010-SB0228-Introduced.html
Citations Affected: IC 4-13-16.5-1.
Synopsis: Minority and women's business enterprises. Provides that
for purposes of the law concerning participation of minority and
women's business enterprises in state projects, contracting for goods
and services does not include the value of a contract procuring medical
insurance for individuals, or dependents of individuals, employed by
a state agency.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
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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 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
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.