§ 4-33-14-5 — Goods and services; contracts awarded to minority and women's business enterprises

Indiana § 4-33-14-5

• Jurisdiction: Indiana
• Art. 33: RIVERBOAT GAMBLING
• Ch. 14: Minority and Women's Business Participation

Text

(a) As used in this section, "goods and
services" does not include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of an
operating agent or the person holding an owner's license, other
than fees and payments for goods and services supplied by
nonaffiliated persons through an affiliated company for the use or
benefit of the operating agent or the person holding the owner's
license.
(5) Rents paid for real property or payments constituting the price
of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the commission
shall establish annual goals for an operating agent or a person issued
an owner's license:
(1) for the use of minority and women's business enterprises; and
(2) derived from a statistical analysis of utilization study of
licensee and operating agent contracts for goods and services that
are required to be updated every five (5) years.
(c) An operating agent or a person holding an owner's license shall
submit annually to the commission a report that includes the following
information:
(1) The total dollar value of contracts awarded for goods or
services and the percentage awarded to minority and women's
business enterprises.
(2) The following information relating to each minority business
enterprise or women's business enterprise awarded a contract for
goods or services:
(A) The name.
(B) The address.
(C) The total dollar amount of the contract.
A record containing information described in this subsection is not
exempt from the disclosure requirements of IC 5-14-3-3 under IC 5-14-3-4.
(d) An operating agent or a person holding an owner's license shall
make a good faith effort to meet the requirements of this section and
shall annually demonstrate to the commission that an effort was made
to meet the requirements.
(e) An operating agent or a person holding an owner's license may
fulfill not more than seventy percent (70%) of an obligation under this
chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the licensee
or operating agent shall provide the commission with proof of the
amount of the set aside.

Legislative History

As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001, SEC.12; P.L.92-2003, SEC.56; P.L.84-2004, SEC.6.