Bill Text: IN SB0592 | 2011 | Regular Session | Introduced
Bill Title: Minority and women business contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Commerce & Economic Development [SB0592 Detail]
Download: Indiana-2011-SB0592-Introduced.html
Citations Affected: IC 4-13-16.5.
Synopsis: Minority and women business contracts. Requires the
governor's commission on minority and women's business enterprises
to set goals for minority and women's business enterprise participation
in state prime contracts and subcontracts.
Effective: Upon passage.
January 20, 2011, read first time and referred to Committee on Commerce & Economic
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
(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, both prime contracts and subcontracts, 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).
The goals established under this section must be based on the most recent disparity studies available and related to the state's procurement and contracting procedures.
(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.
(b) On or before December 31, 2011, the governor's commission on minority and women's business enterprises shall adopt rules under IC 4-22-2 to establish the goals required under:
(1) IC 4-13-16.5-2(f)(8); and
(2) IC 4-13-16.5-2(f)(11).
Rules adopted under this subsection must be based on the most recent disparity studies available and related to the state's procurement and contracting procedures.
