Sec. 1. (a) The definitions in this section apply throughout this chapter.

     (b) “Commission” refers to the governor’s commission on supplier diversity established under section 2 of this chapter.

     (c) “Commissioner” refers to the commissioner of the department.

     (d) “Contract” means any contract awarded by a state agency or, as set forth in section 2(f)(11) of this chapter, awarded by a recipient of state grant funds, for construction projects or the procurement of goods or services, including professional services. For purposes of this subsection, “goods or services” may not include the following when determining the total value of contracts for state agencies:

(1) Utilities.

(2) Health care services (as defined in IC 27-8-11-1(c)).

(3) Rent paid for real property or payments constituting the price of an interest in real property as a result of a real estate transaction.

     (e) “Contractor” means a person or entity that:

(1) contracts with a state agency; or

(2) as set forth in section 2(f)(11) of this chapter:

(A) is a recipient of state grant funds; and

(B) enters into a contract:

(i) with a person or entity other than a state agency; and

(ii) that is paid for in whole or in part with the state grant funds.

     (f) “Department” refers to the Indiana department of administration established by IC 4-13-1-2.

     (g) “Deputy commissioner” refers to the deputy commissioner for supplier diversity of the department.

     (h) “Minority business enterprise” or “minority business” means an individual, partnership, corporation, limited liability company, or joint venture of any kind that is owned and controlled by one (1) or more persons who are:

(1) United States citizens; and

(2) members of a minority group or a qualified minority nonprofit corporation.

     (i) “NGB-22” means the National Guard Report of Separation form or its predecessor or successor form.

     (j) “Qualified minority or women’s nonprofit corporation” means a corporation that:

(1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;

(2) is headquartered in Indiana;

(3) has been in continuous existence for at least five (5) years;

(4) has a board of directors that has been in compliance with all other requirements of this chapter for at least five (5) years;

(5) is chartered for the benefit of the minority community or women; and

(6) provides a service that will not impede competition among minority business enterprises or women’s business enterprises at the time a nonprofit applies for certification as a minority business enterprise or a women’s business enterprise.

     (k) “Owned and controlled” means:

(1) if the business is a qualified minority nonprofit corporation, a majority of the board of directors are minority;

(2) if the business is a qualified women’s nonprofit corporation, a majority of the members of the board of directors are women; or

(3) if the business is a business other than a qualified minority or women’s nonprofit corporation, having:

(A) ownership of at least fifty-one percent (51%) of the enterprise, including corporate stock of a corporation;

(B) control over the management and active in the day-to-day operations of the business; and

(C) an interest in the capital, assets, and profits and losses of the business proportionate to the percentage of ownership.

     (l) “Minority group” means:

(1) African Americans;

(2) Native Americans;

(3) Hispanic Americans; and

(4) Asian Americans.

     (m) “Separate body corporate and politic” refers to an entity established by the general assembly as a body corporate and politic.

     (n) “State agency” refers to any authority, board, branch, commission, committee, department, division, or other instrumentality of the executive, including the administrative, department of state government.

     (o) “Veteran” means an individual who:

(1) has previously:

(A) served on active duty in any branch of the armed forces of the United States or their reserves, in the national guard, or in the Indiana National Guard; and

(B) received an honorable discharge from service; or

(2) is currently serving in:

(A) any branch of the armed forces of the United States or their reserves;

(B) the national guard; or

(C) the Indiana National Guard.

     (p) “Veteran owned small business” refers to a small business that:

(1) is independently owned and operated;

(2) is not dominant in its field of operation; and

(3) satisfies the criteria to be a veteran owned small business concern as specified in section 1.5 of this chapter.

     (q) “Women’s business enterprise” means a business that is one (1) of the following:

(1) A sole proprietorship owned and controlled by a woman.

(2) A partnership or joint venture owned and controlled by women in which:

(A) at least fifty-one percent (51%) of the ownership is held by women; and

(B) the management and daily business operations are controlled by at least one (1) of the women who owns the business.

(3) A corporation or other entity:

(A) whose management and daily business operations are controlled by at least one (1) of the women who owns the business; and

(B) that is at least fifty-one percent (51%) owned by women, or if stock is issued, at least fifty-one percent (51%) of the stock is owned by at least one (1) of the women.

(4) A qualified women’s nonprofit corporation.

As added by P.L.34-1983, SEC.1. Amended by P.L.18-1991, SEC.12; P.L.8-1993, SEC.21; P.L.195-2001, SEC.1; P.L.84-2004, SEC.1; P.L.2-2007, SEC.37; P.L.228-2007, SEC.1; P.L.3-2008, SEC.5; P.L.87-2008, SEC.1; P.L.1-2009, SEC.9; P.L.114-2010, SEC.2; P.L.15-2020, SEC.1.