§ 4-13-16.5-2 — Governor's commission on supplier diversity

Indiana § 4-13-16.5-2

• Jurisdiction: Indiana
• Art. 13: ADMINISTRATIVE MANAGEMENT OF STATE
• Ch. 16.5: Governor's Commission on Supplier Diversity

Text

(a) There is established a governor's
commission on supplier diversity. The commission shall consist of the
following members:
(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.
(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.
(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.
(l) For purposes of subsections (g)(11) and (h), "unit" means a
county, city, town, township, or school corporation.
(m) On or before July 1, 2027, and July 1 biennially thereafter, the
commission shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for
review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.

Legislative History

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; P.L.87-2024, SEC.10; P.L.104-2024, SEC.45; P.L.161-2025, SEC.3.