IC 4-33-14
    Chapter 14. Minority and Women's Business Participation

IC 4-33-14-1
Legislative declaration
    Sec. 1. The general assembly declares that the opportunity for fullminority and women's business enterprise participation in theriverboat industry is essential if social and economic parity is to beobtained by minority and women business persons and if theeconomies of the riverboat cities are to be stimulated ascontemplated by this article.
As added by P.L.277-1993(ss), SEC.124.

IC 4-33-14-2
"Minority" defined
    Sec. 2. As used in this chapter, "minority" means a member of aminority group as defined in IC 4-13-16.5-1.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,SEC.9.

IC 4-33-14-3
"Minority business enterprise" defined
    Sec. 3. As used in this chapter, "minority business enterprise" hasthe meaning set forth in IC 4-13-16.5-1.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,SEC.10.

IC 4-33-14-4
"Women's business enterprise" defined
    Sec. 4. As used in this chapter, "women's business enterprise" hasthe meaning set forth in IC 4-13-16.5-1.3.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,SEC.11.

IC 4-33-14-5
Goods and services; contracts awarded to minority and women'sbusiness enterprises
    Sec. 5. (a) As used in this section, "goods and services" does notinclude 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 ofan operating agent or the person holding an owner's license,other than fees and payments for goods and services supplied bynonaffiliated persons through an affiliated company for the useor benefit of the operating agent or the person holding theowner's license.
        (5) Rents paid for real property or payments constituting theprice of an interest in real property as a result of a real estate

transaction.
    (b) Notwithstanding any law or rule to the contrary, thecommission shall establish annual goals for an operating agent or aperson 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 oflicensee and operating agent contracts for goods and servicesthat are required to be updated every five (5) years.
    (c) An operating agent or a person holding an owner's licenseshall submit annually to the commission a report that includes thefollowing information:
        (1) The total dollar value of contracts awarded for goods orservices and the percentage awarded to minority and women'sbusiness enterprises.
        (2) The following information relating to each minoritybusiness enterprise or women's business enterprise awarded acontract 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 notexempt from the disclosure requirements of IC 5-14-3-3 underIC 5-14-3-4.
    (d) An operating agent or a person holding an owner's licenseshall make a good faith effort to meet the requirements of this sectionand shall annually demonstrate to the commission that an effort wasmade to meet the requirements.
    (e) An operating agent or a person holding an owner's license mayfulfill not more than seventy percent (70%) of an obligation underthis chapter by requiring a vendor to set aside a part of a contract forminority or women's business enterprises. Upon request, the licenseeor operating agent shall provide the commission with proof of theamount of the set aside.
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.

IC 4-33-14-6
Enforcement
    Sec. 6. If the commission determines that the provisions of thischapter relating to expenditures and assignments to minority andwomen's business enterprises have not been met, the commissionmay suspend, limit, or revoke the owner's license or operating agent'sgaming operations, or may fine or impose appropriate conditions onthe licensee or operating agent to ensure that the goals forexpenditures and assignments to minority and women's businessenterprises are met. However, if a determination is made that aperson holding an owner's license or an operating agent has failed todemonstrate compliance with this chapter, the person has ninety (90)days from the date of the determination of noncompliance to comply.As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.57.

IC 4-33-14-7
Certification standards
    Sec. 7. The commission shall use the certifications made underIC 4-13-16.5 for minority and women's business enterprises that dobusiness with riverboat operations on contracts for goods andservices or contracts for business.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.84-2004,SEC.7.

IC 4-33-14-8
List of certified enterprises
    Sec. 8. The commission shall supply persons holding owner'slicenses and the operating agent with a list of the certified minorityand women's business enterprises.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.58; P.L.84-2004, SEC.8.

IC 4-33-14-9
City residents; preferential hiring
    Sec. 9. (a) This section applies to a person holding an owner'slicenses for riverboats operated from a city described underIC 4-33-6-1(a)(1) through IC 4-33-6-1(a)(3).
    (b) The commission shall require persons holding owner's licensesto adopt policies concerning the preferential hiring of residents of thecity in which the riverboat docks for riverboat jobs.
As added by P.L.277-1993(ss), SEC.124.

IC 4-33-14-10
Rules
    Sec. 10. The commission shall adopt other rules necessary tointerpret and implement this chapter.
As added by P.L.277-1993(ss), SEC.124.