IC 4-35-11
    Chapter 11. Minority and Women's Business Participation

IC 4-35-11-1
Application of chapter
    Sec. 1. This chapter applies to persons holding a permit to operatea racetrack under IC 4-31-5 at which slot machines are licensedunder this article.
As added by P.L.233-2007, SEC.21.

IC 4-35-11-2
Legislative declaration
    Sec. 2. The general assembly declares that it is essential forminority and women's business enterprises to have the opportunityfor full participation in the racetrack industry if minority andwomen's business enterprises are to obtain social and economicparity and if the economies of the cities, towns, and counties inwhich slot machines are operated at racetracks are to be stimulatedas contemplated by this article.
As added by P.L.233-2007, SEC.21.

IC 4-35-11-3
"Minority"
    Sec. 3. 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.233-2007, SEC.21. Amended by P.L.87-2008,SEC.3.

IC 4-35-11-4
"Minority business enterprise"
    Sec. 4. As used in this chapter, "minority business enterprise" hasthe meaning set forth in IC 4-13-16.5-1.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008,SEC.4.

IC 4-35-11-5
"Women's business enterprise"
    Sec. 5. 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.233-2007, SEC.21. Amended by P.L.87-2008,SEC.5.

IC 4-35-11-6
Goods and services; contracts awarded to minority and women'sbusiness enterprises
    Sec. 6. (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 ofa permit holder or other fees and payments for goods andservices supplied by nonaffiliated persons through an affiliatedcompany for the use or benefit of the permit holder.
        (5) Rents paid for real property or payments constituting theprice of an interest in real property as a result of a real estatetransaction.
    (b) Notwithstanding any law or rule to the contrary, thecommission shall establish goals for permit holders concerningcontracts for goods and services with minority business enterprisesand women's business enterprises. The goals under this subsectionmust be equal to goals set by the commission under IC 4-33-14-5 forcontracts awarded for goods or services.
    (c) A permit holder shall submit quarterly reports to thecommission that outline the total dollar value of contracts awardedfor goods and services and the percentage of contracts awarded tominority and women's business enterprises.
    (d) A permit holder shall make a good faith effort to meet therequirements of this section and shall quarterly, unless otherwisedirected by the commission, demonstrate to the commission at apublic meeting that an effort was made to meet the requirements.
    (e) A permit holder may fulfill not more than seventy percent(70%) of an obligation under this chapter by requiring a vendor to setaside a part of a contract for minority or women's businessenterprises. Upon request, the permit holder shall provide thecommission with proof of the amount of the set aside.
As added by P.L.233-2007, SEC.21.

IC 4-35-11-7
Enforcement
    Sec. 7. 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 person's license or permit, or mayfine or impose appropriate conditions on the license or permit toensure that the goals for expenditures and assignments to minorityand women's business enterprises are met. However, if adetermination is made that a permit holder has failed to demonstratecompliance with this chapter, the person has ninety (90) days fromthe date of the determination of noncompliance to comply.
As added by P.L.233-2007, SEC.21.

IC 4-35-11-8
Certification procedure
    Sec. 8. The commission shall use the certifications made underIC 4-13-16.5 for minority and women's business enterprises that dobusiness with horse track operations on contracts for goods orservices or contracts for business.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008,SEC.6.
IC 4-35-11-9
List of certified enterprises
    Sec. 9. The commission shall supply permit holders with a list ofminority and women's business enterprises certified under section 8of this chapter.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008,SEC.7.

IC 4-35-11-10
Rules
    Sec. 10. The commission shall adopt other rules necessary tointerpret and implement this chapter.
As added by P.L.233-2007, SEC.21.