CHAPTER 16.5. GOVERNOR'S COMMISSION ON MINORITY AND WOMEN'S BUSINESS ENTERPRISES - Indiana Statutes

IC 4-13-16.5
     Chapter 16.5. Governor's Commission on Minority and Women's Business Enterprises

IC 4-13-16.5-1
Definitions
     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 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" 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)).
        (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) "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, or other instrumentality of the executive, including the administrative, department of state government.
As added by P.L.34-1983, SEC.1. Amended by P.L.18-1991, SEC.12; P.L.8-1993, SEC.21; P.L.195-2001, SEC.1; P.L.84-2004, SEC.1; P.L.2-2007, SEC.37; P.L.228-2007, SEC.1; P.L.3-2008, SEC.5; P.L.87-2008, SEC.1; P.L.1-2009, SEC.9; P.L.114-2010, SEC.2.

IC 4-13-16.5-1.1
References to federal statutes or regulations
     Sec. 1.1. A reference to a federal statute or regulation in this chapter is a reference to the statute or regulation as in effect January 1, 2001.
As added by P.L.195-2001, SEC.2.

IC 4-13-16.5-1.3
"Women's business enterprise" defined
     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 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 section 1(h) of this chapter.
As added by P.L.195-2001, SEC.3. Amended by P.L.228-2007, SEC.2; P.L.114-2010, SEC.3.

IC 4-13-16.5-2
Governor's commission on minority and women's business enterprises
     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, or the economic opportunity director of the Indiana department of transportation if the commissioner of the Indiana department of transportation so designates.
        (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.
            (C) 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 six (6) of the 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 considers 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) 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.
        (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.
        (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.
        (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.
        (11) Establish annual goals for the use of minority and women's business enterprises for any contract that:
            (A) will be paid for in whole or in part with state grant funds; and
            (B) involves the use of real property of a unit (as defined in IC 4-4-32.2-9).
    (g) The department shall direct contractors to demonstrate a good faith effort to meet the annual participation goals established under subsection (f)(11). The good faith effort shall be demonstrated by contractors using the repository of certified firms created under section 3 of this chapter or a similar repository maintained by a unit (as defined in IC 4-4-32.2-9).
    (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.
    (j) The commission shall advise the department on developing a statement, to be included in all applications for and agreements governing grants made with state funds, stating the importance of the use of minority and women's business enterprises in fulfilling the purposes of the grant. As added by P.L.34-1983, SEC.1. Amended by P.L.18-1990, SEC.4; P.L.31-1993, SEC.1; P.L.195-2001, SEC.4; P.L.42-2002, SEC.1; P.L.41-2003, SEC.1; P.L.84-2004, SEC.2; P.L.4-2005, SEC.17; P.L.228-2007, SEC.3; P.L.87-2008, SEC.2; P.L.114-2010, SEC.4.

IC 4-13-16.5-3
Deputy commissioner for minority and women's business enterprise development
     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)(8) and 2(f)(11) 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.
As added by P.L.34-1983, SEC.1. Amended by P.L.31-1993, SEC.2; P.L.195-2001, SEC.5; P.L.84-2004, SEC.3; P.L.228-2007, SEC.4; P.L.114-2010, SEC.5.

IC 4-13-16.5-4
Determinations regarding goals; adoption of rules
     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)(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)(8) 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.
As added by P.L.195-2001, SEC.6. Amended by P.L.41-2003, SEC.2; P.L.228-2007, SEC.5; P.L.3-2008, SEC.6.

IC 4-13-16.5-5
Rules
     Sec. 5. The Indiana department of administration may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.31-1993, SEC.3.

IC 4-13-16.5-6
Application of standards and certifications
     Sec. 6. (a) Notwithstanding any other law, the standards developed under this chapter apply to the determination and certification of a business as a minority business enterprise or a women's business enterprise under any Indiana law.
    (b) Notwithstanding any other law, a certification of a business as a minority business enterprise or a women's business enterprise under this chapter satisfies any Indiana law providing for or requiring the certification of a business as a minority business enterprise or a women's business enterprise.
As added by P.L.84-2004, SEC.4.

IC 4-13-16.5-7
Confidentiality of applicant materials
     Sec. 7. For purposes of IC 5-14-3, materials containing:
        (1) personal financial information; or
        (2) confidential business information;
submitted by an applicant for certification as a minority business enterprise or a women's business enterprise are confidential.
As added by P.L.84-2004, SEC.5.

IC 4-13-16.5-8
Contractor notice to minority businesses and women's business enterprises
     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.
As added by P.L.228-2007, SEC.6.

IC 4-13-16.5-9
Grievance procedures
     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.
As added by P.L.228-2007, SEC.7.