1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | SENATE BILL No. 133 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 36-1-32. |
---|
7 | 7 | | Synopsis: Supplier diversity for political subdivisions. Requires a unit |
---|
8 | 8 | | of local government to accept the Indiana department of |
---|
9 | 9 | | administration's certification of: (1) a minority business enterprise; (2) |
---|
10 | 10 | | a women's business enterprise; and (3) a veteran owned small business; |
---|
11 | 11 | | as evidence that a business entity is eligible to participate in the unit of |
---|
12 | 12 | | local government's initiatives and programs related to the business |
---|
13 | 13 | | entity's certification. |
---|
14 | 14 | | Effective: July 1, 2024. |
---|
15 | 15 | | Brown L, Buchanan |
---|
16 | 16 | | January 8, 2024, read first time and referred to Committee on Commerce and Technology. |
---|
17 | 17 | | 2024 IN 133—LS 6279/DI 137 Introduced |
---|
18 | 18 | | Second Regular Session of the 123rd General Assembly (2024) |
---|
19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
27 | 27 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
---|
28 | 28 | | SENATE BILL No. 133 |
---|
29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
---|
30 | 30 | | government. |
---|
31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
32 | 32 | | 1 SECTION 1. IC 36-1-32 IS ADDED TO THE INDIANA CODE AS |
---|
33 | 33 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
34 | 34 | | 3 1, 2024]: |
---|
35 | 35 | | 4 Chapter 32. Diverse Supplier Certification |
---|
36 | 36 | | 5 Sec. 1. As used in this chapter, "unit of local government" |
---|
37 | 37 | | 6 means a county, township, city, town, municipality, municipal |
---|
38 | 38 | | 7 corporation, or special taxing district. |
---|
39 | 39 | | 8 Sec. 2. (a) A business entity that has been certified as a minority |
---|
40 | 40 | | 9 business enterprise (as defined in IC 4-13-16.5-1(h)) by the Indiana |
---|
41 | 41 | | 10 department of administration may present the business entity's |
---|
42 | 42 | | 11 certification to a unit of local government as evidence that the |
---|
43 | 43 | | 12 business entity is eligible to participate in any: |
---|
44 | 44 | | 13 (1) public initiatives or strategies that the unit of local |
---|
45 | 45 | | 14 government has established to increase the participation, |
---|
46 | 46 | | 15 representation, or inclusion of minorities in business |
---|
47 | 47 | | 16 opportunities; or |
---|
48 | 48 | | 17 (2) programs of the unit of local government that set aside a |
---|
49 | 49 | | 2024 IN 133—LS 6279/DI 137 2 |
---|
50 | 50 | | 1 certain amount of public contracts to award to minority |
---|
51 | 51 | | 2 business enterprises. |
---|
52 | 52 | | 3 (b) A unit of local government must defer to the Indiana |
---|
53 | 53 | | 4 department of administration's determination that the business |
---|
54 | 54 | | 5 entity is owned and controlled by one (1) or more persons who are |
---|
55 | 55 | | 6 United States citizens and members of a minority group. |
---|
56 | 56 | | 7 Sec. 3. (a) A business entity that has been certified as a women's |
---|
57 | 57 | | 8 business enterprise (as defined in IC 4-13-16.5-1(q)) by the Indiana |
---|
58 | 58 | | 9 department of administration may present the business entity's |
---|
59 | 59 | | 10 certification to a unit of local government as evidence that the |
---|
60 | 60 | | 11 business entity is eligible to participate in any: |
---|
61 | 61 | | 12 (1) public initiatives or strategies that the unit of local |
---|
62 | 62 | | 13 government has established to increase the participation, |
---|
63 | 63 | | 14 representation, or inclusion of women in business |
---|
64 | 64 | | 15 opportunities; or |
---|
65 | 65 | | 16 (2) programs of the unit of local government that set aside a |
---|
66 | 66 | | 17 certain amount of public contracts to award to women's |
---|
67 | 67 | | 18 business enterprises. |
---|
68 | 68 | | 19 (b) A unit of local government must defer to the Indiana |
---|
69 | 69 | | 20 department of administration's determination that the business |
---|
70 | 70 | | 21 entity is either: |
---|
71 | 71 | | 22 (1) a sole partnership owned and controlled by a woman; or |
---|
72 | 72 | | 23 (2) a partnership or joint venture owned and controlled by |
---|
73 | 73 | | 24 women in which: |
---|
74 | 74 | | 25 (A) at least fifty-one percent (51%) of the ownership is |
---|
75 | 75 | | 26 held by women; and |
---|
76 | 76 | | 27 (B) the management and daily business operations are |
---|
77 | 77 | | 28 controlled by at least one (1) of the women who owns the |
---|
78 | 78 | | 29 business. |
---|
79 | 79 | | 30 Sec. 4. (a) A business entity that has been certified as a veteran |
---|
80 | 80 | | 31 owned small business (as defined in IC 4-13-16.5-1(p)) by the |
---|
81 | 81 | | 32 Indiana department of administration may present the business |
---|
82 | 82 | | 33 entity's certification to a unit of local government as evidence that |
---|
83 | 83 | | 34 the business entity is eligible to participate in any: |
---|
84 | 84 | | 35 (1) public initiatives or strategies that the unit of local |
---|
85 | 85 | | 36 government has established to increase the participation, |
---|
86 | 86 | | 37 representation, or inclusion of veterans in business |
---|
87 | 87 | | 38 opportunities; or |
---|
88 | 88 | | 39 (2) programs of the unit of local government that set aside a |
---|
89 | 89 | | 40 certain amount of public contracts to award to veteran owned |
---|
90 | 90 | | 41 small businesses. |
---|
91 | 91 | | 42 (b) A unit of local government must defer to the Indiana |
---|
92 | 92 | | 2024 IN 133—LS 6279/DI 137 3 |
---|
93 | 93 | | 1 department of administration's determination that the business |
---|
94 | 94 | | 2 entity meets the eligibility criteria for a veteran owned small |
---|
95 | 95 | | 3 business under IC 4-13-16.5-1.5. |
---|
96 | 96 | | 2024 IN 133—LS 6279/DI 137 |
---|