Indiana 2024 Regular Session

Indiana Senate Bill SB0133 Latest Draft

Bill / Introduced Version Filed 01/08/2024

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