Indiana 2024 Regular Session

Indiana House Bill HB1077 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1077
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-13-16.5-2; IC 21-18-16-8.
7	7	Synopsis: State educational institutions. Requires the governor's
8	8	supplier diversity commission, the commission for higher education,
9	9	and the state budget committee to review each state educational
10	10	institution's annual report regarding certain supplier diversity
11	11	requirements. Provides that if a state educational institution's annual
12	12	report is not in compliance with certain supplier diversity requirements,
13	13	the commission for higher education and the state budget committee
14	14	shall reduce the amount provided to the state educational institution
15	15	under the outcomes based funding formula by a certain percentage.
16	16	Effective: July 1, 2024.
17	17	Bartlett, King
18	18	January 8, 2024, read first time and referred to Committee on Education.
19	19	2024 IN 1077—LS 6229/DI 143 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1077
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	higher education.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
35	35	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2024]: Sec. 2. (a) There is established a governor's
37	37	4 commission on supplier diversity. The commission shall consist of the
38	38	5 following members:
39	39	6 (1) A governor's designee, who shall serve as chairman of the
40	40	7 commission.
41	41	8 (2) The commissioner of the Indiana department of transportation,
42	42	9 or the economic opportunity director of the Indiana department of
43	43	10 transportation if the commissioner of the Indiana department of
44	44	11 transportation so designates.
45	45	12 (3) The chairperson of the board of the Indiana economic
46	46	13 development corporation or the chairperson's designee.
47	47	14 (4) The commissioner.
48	48	15 (5) Nine (9) individuals with demonstrated capabilities in
49	49	16 business and industry, especially minority business enterprises,
50	50	17 women's business enterprises, and veteran owned small
51	51	2024 IN 1077—LS 6229/DI 143 2
52	52	1 businesses, appointed by the governor from the following
53	53	2 geographical areas of the state:
54	54	3 (A) Three (3) from the northern one-third (1/3) of the state.
55	55	4 (B) Three (3) from the central one-third (1/3) of the state.
56	56	5 (C) Three (3) from the southern one-third (1/3) of the state.
57	57	6 (6) Two (2) members of the house of representatives, no more
58	58	7 than one (1) from the same political party, appointed by the
59	59	8 speaker of the house of representatives to serve in a nonvoting
60	60	9 advisory capacity.
61	61	10 (7) Two (2) members of the senate, no more than one (1) from the
62	62	11 same political party, appointed by the president pro tempore of
63	63	12 the senate to serve in a nonvoting advisory capacity.
64	64	13 (8) The deputy commissioner, who shall serve as a nonvoting
65	65	14 member.
66	66	15 Not more than six (6) of the ten (10) members appointed or designated
67	67	16 by the governor may be of the same political party. Appointed members
68	68	17 of the commission shall serve four (4) year terms. A vacancy occurs if
69	69	18 a legislative member leaves office for any reason. Any vacancy on the
70	70	19 commission shall be filled in the same manner as the original
71	71	20 appointment.
72	72	21 (b) Each member of the commission who is not a state employee is
73	73	22 entitled to the following:
74	74	23 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
75	75	24 (2) Reimbursement for traveling expenses and other expenses
76	76	25 actually incurred in connection with the member's duties as
77	77	26 provided under IC 4-13-1-4 and in the state travel policies and
78	78	27 procedures established by the Indiana department of
79	79	28 administration and approved by the budget agency.
80	80	29 (c) Each legislative member of the commission is entitled to receive
81	81	30 the same per diem, mileage, and travel allowances established by the
82	82	31 legislative council and paid to members of the general assembly
83	83	32 serving on interim study committees. The allowances specified in this
84	84	33 subsection shall be paid by the legislative services agency from the
85	85	34 amounts appropriated for that purpose.
86	86	35 (d) A member of the commission who is a state employee but who
87	87	36 is not a member of the general assembly is not entitled to any of the
88	88	37 following:
89	89	38 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
90	90	39 (2) Reimbursement for traveling expenses as provided under
91	91	40 IC 4-13-1-4.
92	92	41 (3) Other expenses actually incurred in connection with the
93	93	42 member's duties.
94	94	2024 IN 1077—LS 6229/DI 143 3
95	95	1 (e) The commission shall meet at least four (4) times each year and
96	96	2 at other times as the chairman considers necessary.
97	97	3 (f) The duties of the commission shall include but not be limited to
98	98	4 the following:
99	99	5 (1) Identify minority business enterprises, women's business
100	100	6 enterprises, and veteran owned small businesses in the state.
101	101	7 (2) Assess the needs of minority business enterprises, women's
102	102	8 business enterprises, and veteran owned small businesses.
103	103	9 (3) Initiate aggressive programs to assist minority business
104	104	10 enterprises, women's business enterprises, and veteran owned
105	105	11 small businesses in obtaining state contracts.
106	106	12 (4) Give special publicity to procurement, bidding, and qualifying
107	107	13 procedures.
108	108	14 (5) Include minority business enterprises, women's business
109	109	15 enterprises, and veteran owned small businesses on solicitation
110	110	16 mailing lists.
111	111	17 (6) Evaluate the competitive differences between qualified
112	112	18 minority or women's nonprofit corporations and other than
113	113	19 qualified minority or women's nonprofit corporations and veteran
114	114	20 owned small businesses that offer similar services and make
115	115	21 recommendation to the department on policy changes necessary
116	116	22 to ensure fair competition among minority business enterprises,
117	117	23 women's business enterprises, and veteran owned small
118	118	24 businesses.
119	119	25 (7) Define the duties, goals, and objectives of the deputy
120	120	26 commissioner of the department as created under this chapter to
121	121	27 assure compliance by all state agencies, separate bodies corporate
122	122	28 and politic, and state educational institutions with state and
123	123	29 federal legislation and policy concerning the awarding of
124	124	30 contracts (including, notwithstanding section 1(d) of this chapter
125	125	31 or any other law, contracts of state educational institutions) to
126	126	32 minority business enterprises, women's business enterprises, and
127	127	33 veteran owned small businesses.
128	128	34 (8) Establish annual goals:
129	129	35 (A) for the use of minority and women's business enterprises;
130	130	36 and
131	131	37 (B) derived from a statistical analysis of utilization study of
132	132	38 state contracts (including, notwithstanding section 1(d) of this
133	133	39 chapter or any other law, contracts of state educational
134	134	40 institutions) that are required to be updated every five (5)
135	135	41 years.
136	136	42 (9) Prepare a review of the commission and the various affected
137	137	2024 IN 1077—LS 6229/DI 143 4
138	138	1 departments of government to be submitted to the governor and
139	139	2 the legislative council on March 1 and October 1 of each year,
140	140	3 evaluating progress made in the areas defined in this subsection.
141	141	4 (10) Ensure that the statistical analysis required under this
142	142	5 section:
143	143	6 (A) is based on goals for participation of minority business
144	144	7 enterprises established in Richmond v. Croson, 488 U.S. 469
145	145	8 (1989);
146	146	9 (B) includes information on both contracts and subcontracts
147	147	10 (including, notwithstanding section 1(d) of this chapter or any
148	148	11 other law, contracts and subcontracts of state educational
149	149	12 institutions); and
150	150	13 (C) uses data on the combined capacity of minority business
151	151	14 enterprises, women's business enterprises, and veteran owned
152	152	15 small businesses in Indiana and not just regional data.
153	153	16 (11) Establish annual goals for the use of minority business
154	154	17 enterprises, women's business enterprises, and veteran owned
155	155	18 small businesses for any contract that:
156	156	19 (A) will be paid for in whole or in part with state grant funds;
157	157	20 and
158	158	21 (B) involves the use of real property of a unit (as defined in
159	159	22 IC 4-4-32.2-9).
160	160	23 (12) Ensure compliance with the establishment and evaluation of
161	161	24 the annual goal for veteran owned small businesses established in
162	162	25 section 3.5 of this chapter.
163	163	26 (13) Review each state educational institution's annual report
164	164	27 required under section 4.5 of this chapter in conjunction with
165	165	28 the commission for higher education established by
166	166	29 IC 21-18-2-1 and the state budget committee, in accordance
167	167	30 with IC 21-18-16-9.
168	168	31 (g) The department shall direct contractors to demonstrate a good
169	169	32 faith effort to meet the annual participation goals established under
170	170	33 subsection (f)(11). The good faith effort shall be demonstrated by
171	171	34 contractors using the repository of certified firms created under section
172	172	35 3 of this chapter or a similar repository maintained by a unit (as defined
173	173	36 in IC 4-4-32.2-9).
174	174	37 (h) The department shall adopt rules of ethics under IC 4-22-2 for
175	175	38 commission members other than commission members appointed
176	176	39 under subsection (a)(6) or (a)(7).
177	177	40 (i) The department shall furnish administrative support and staff as
178	178	41 is necessary for the effective operation of the commission.
179	179	42 (j) The commission shall advise the department on developing a
180	180	2024 IN 1077—LS 6229/DI 143 5
181	181	1 statement, to be included in all applications for and agreements
182	182	2 governing grants made with state funds, stating the importance of the
183	183	3 use of minority business enterprises, women's business enterprises, and
184	184	4 veteran owned small businesses in fulfilling the purposes of the grant.
185	185	5 SECTION 2. IC 21-18-16-8 IS ADDED TO THE INDIANA CODE
186	186	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
187	187	7 1, 2024]: Sec. 8. (a) Not later than December 31, after the close of
188	188	8 each state fiscal year, the commission, in conjunction with the
189	189	9 governor's commission on supplier diversity established by
190	190	10 IC 4-13-16.5-2 and the state budget committee, shall review each
191	191	11 state educational institution's annual report required under
192	192	12 IC 4-13-16.5-4.5 regarding supplier diversity goals.
193	193	13 (b) If a state educational institution's annual report is not in
194	194	14 compliance with the requirements of IC 4-13-16.5-2, the
195	195	15 commission, in conjunction with the state budget committee, shall:
196	196	16 (1) determine the total percentage by which the state
197	197	17 educational institution fell short of the requirements of
198	198	18 IC 4-13-16.5-2; and
199	199	19 (2) reduce the state educational institution's distribution
200	200	20 under this chapter by the amount determined under
201	201	21 subdivision (1) for the following state fiscal year.
202	202	2024 IN 1077—LS 6229/DI 143