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 operate
a racetrack under IC 4-31-5 at which slot machines are licensed
under 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 for
minority and women's business enterprises to have the opportunity
for full participation in the racetrack industry if minority and
women's business enterprises are to obtain social and economic
parity and if the economies of the cities, towns, and counties in
which slot machines are operated at racetracks are to be stimulated
as 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 a
minority 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" has
the 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" has
the 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's
business enterprises
Sec. 6. (a) As used in this section, "goods and services" does not
include 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 of
a permit holder or other fees and payments for goods and
services supplied by nonaffiliated persons through an affiliated
company for the use or benefit of the permit holder.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish goals for permit holders concerning
contracts for goods and services with minority business enterprises
and women's business enterprises. The goals under this subsection
must be equal to goals set by the commission under IC 4-33-14-5 for
contracts awarded for goods or services.
(c) A permit holder shall submit quarterly reports to the
commission that outline the total dollar value of contracts awarded
for goods and services and the percentage of contracts awarded to
minority and women's business enterprises.
(d) A permit holder shall make a good faith effort to meet the
requirements of this section and shall quarterly, unless otherwise
directed by the commission, demonstrate to the commission at a
public 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 set
aside a part of a contract for minority or women's business
enterprises. Upon request, the permit holder shall provide the
commission 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 this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the person's license or permit, or may
fine or impose appropriate conditions on the license or permit to
ensure that the goals for expenditures and assignments to minority
and women's business enterprises are met. However, if a
determination is made that a permit holder has failed to demonstrate
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.233-2007, SEC.21.
IC 4-35-11-8 Certification procedure
Sec. 8. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with horse track operations on contracts for goods or
services 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 of
minority and women's business enterprises certified under section 8
of 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 to
interpret and implement this chapter. As added by P.L.233-2007, SEC.21.
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 operate
a racetrack under IC 4-31-5 at which slot machines are licensed
under 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 for
minority and women's business enterprises to have the opportunity
for full participation in the racetrack industry if minority and
women's business enterprises are to obtain social and economic
parity and if the economies of the cities, towns, and counties in
which slot machines are operated at racetracks are to be stimulated
as 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 a
minority 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" has
the 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" has
the 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's
business enterprises
Sec. 6. (a) As used in this section, "goods and services" does not
include 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 of
a permit holder or other fees and payments for goods and
services supplied by nonaffiliated persons through an affiliated
company for the use or benefit of the permit holder.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish goals for permit holders concerning
contracts for goods and services with minority business enterprises
and women's business enterprises. The goals under this subsection
must be equal to goals set by the commission under IC 4-33-14-5 for
contracts awarded for goods or services.
(c) A permit holder shall submit quarterly reports to the
commission that outline the total dollar value of contracts awarded
for goods and services and the percentage of contracts awarded to
minority and women's business enterprises.
(d) A permit holder shall make a good faith effort to meet the
requirements of this section and shall quarterly, unless otherwise
directed by the commission, demonstrate to the commission at a
public 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 set
aside a part of a contract for minority or women's business
enterprises. Upon request, the permit holder shall provide the
commission 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 this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the person's license or permit, or may
fine or impose appropriate conditions on the license or permit to
ensure that the goals for expenditures and assignments to minority
and women's business enterprises are met. However, if a
determination is made that a permit holder has failed to demonstrate
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.233-2007, SEC.21.
IC 4-35-11-8 Certification procedure
Sec. 8. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with horse track operations on contracts for goods or
services 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 of
minority and women's business enterprises certified under section 8
of 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 to
interpret and implement this chapter. As added by P.L.233-2007, SEC.21.
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 operate
a racetrack under IC 4-31-5 at which slot machines are licensed
under 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 for
minority and women's business enterprises to have the opportunity
for full participation in the racetrack industry if minority and
women's business enterprises are to obtain social and economic
parity and if the economies of the cities, towns, and counties in
which slot machines are operated at racetracks are to be stimulated
as 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 a
minority 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" has
the 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" has
the 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's
business enterprises
Sec. 6. (a) As used in this section, "goods and services" does not
include 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 of
a permit holder or other fees and payments for goods and
services supplied by nonaffiliated persons through an affiliated
company for the use or benefit of the permit holder.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish goals for permit holders concerning
contracts for goods and services with minority business enterprises
and women's business enterprises. The goals under this subsection
must be equal to goals set by the commission under IC 4-33-14-5 for
contracts awarded for goods or services.
(c) A permit holder shall submit quarterly reports to the
commission that outline the total dollar value of contracts awarded
for goods and services and the percentage of contracts awarded to
minority and women's business enterprises.
(d) A permit holder shall make a good faith effort to meet the
requirements of this section and shall quarterly, unless otherwise
directed by the commission, demonstrate to the commission at a
public 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 set
aside a part of a contract for minority or women's business
enterprises. Upon request, the permit holder shall provide the
commission 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 this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the person's license or permit, or may
fine or impose appropriate conditions on the license or permit to
ensure that the goals for expenditures and assignments to minority
and women's business enterprises are met. However, if a
determination is made that a permit holder has failed to demonstrate
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.233-2007, SEC.21.
IC 4-35-11-8 Certification procedure
Sec. 8. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with horse track operations on contracts for goods or
services 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 of
minority and women's business enterprises certified under section 8
of 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 to
interpret and implement this chapter. As added by P.L.233-2007, SEC.21.
