Indiana Code 4-13-16.5-2. Governor’s commission on supplier diversity
Terms Used In Indiana Code 4-13-16.5-2
(1) A governor’s designee, who shall serve as chairperson 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 of administration.
(5) Nine (9) individuals with demonstrated capabilities in business and industry, especially minority business enterprises, women’s business enterprises, and veteran owned small businesses, 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.
(8) The deputy commissioner of the department of administration, who shall serve as a nonvoting member.
Not more than six (6) of the ten (10) members appointed or designated by the governor may be of the same political party. Members of the commission serve at the pleasure of the appointing authority and may be reappointed to successive terms. Subject to subsection (b), members of the commission appointed under subdivision (1) and subdivision (5) shall serve four (4) year terms. Members of the general assembly appointed to the commission serve two (2) year terms that expire June 30 of an odd-numbered year. 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. An individual appointed to fill a vacancy serves on the commission for the remainder of the unexpired term of the individual’s predecessor.
(b) The terms of the members appointed under subsection (a)(1) or (a)(5) expire as follows:
(1) For a member appointed under subsection (a)(1) or (a)(5)(A), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(5)(B) or (a)(5)(C), June 30, 2027, and every fourth year thereafter.
(c) 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 mileage, 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.
The department shall pay expenses incurred under this subsection from amounts appropriated for the operating expenses of the department of administration.
(d) 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.
(e) A member of the commission who is a state employee 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.
(f) The commission shall meet at least four (4) times each year at the call of the chairperson.
(g) The duties of the commission shall include but not be limited to the following:
(1) Identify minority business enterprises, women’s business enterprises, and veteran owned small businesses in the state.
(2) Assess the needs of minority business enterprises, women’s business enterprises, and veteran owned small businesses.
(3) Initiate aggressive programs to assist minority business enterprises, women’s business enterprises, and veteran owned small businesses in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying procedures.
(5) Include minority business enterprises, women’s business enterprises, and veteran owned small businesses 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 and veteran owned small businesses that offer similar services and make recommendation to the department on policy changes necessary to ensure fair competition among minority business enterprises, women’s business enterprises, and veteran owned small businesses.
(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 business enterprises, women’s business enterprises, and veteran owned small businesses.
(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 business enterprises, women’s business enterprises, and veteran owned small businesses in Indiana and not just regional data.
(11) Establish annual goals for the use of minority business enterprises, women’s business enterprises, and veteran owned small businesses 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).
(12) Ensure compliance with the establishment and evaluation of the annual goal for veteran owned small businesses established in section 3.5 of this chapter.
(h) The department shall direct contractors to demonstrate a good faith effort to meet the annual participation goals established under subsection (g)(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).
(i) 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).
(j) The department of administration shall furnish administrative support and staff as is necessary for the effective operation of the commission.
(k) 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 business enterprises, women’s business enterprises, and veteran owned small businesses 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; P.L.15-2020, SEC.4; P.L.42-2024, SEC.32.