Ind. Code ch. 16-32-2

in effect

Ind. Code § 16-32-2-1 Individual with a disability; purpose of chapter

Sec. 1. (a) As used in this chapter, "individual with a disability" means an individual: (1) who has a physical or mental impairment that substantially limits one (1) or more major life activities; (2) who has a record of a physical or mental impairment that substantially limits one (1) or more major life activities; or (3) who is regarded as having a physical or mental impairment that substantially limits one (1) or more major life activities. (b) It is the purpose of this chapter to enhance employment opportunities for individuals with disabilities by encouraging state agencies and units of local government to purchase products made by and services provided by individuals with disabilities who are employed by qualified nonprofit agencies. [Pre-1993 Recodification Citation: 16-7-11.5-1.] As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.61; P.L.37-2018, SEC.4.

Ind. Code § 16-32-2-2 Creation of committee

Sec. 2. There is created a committee for the purchase of products and services of individuals with a disability. [Pre-1993 Recodification Citation: 16-7-11.5-2(a) part.] As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.62; P.L.37-2018, SEC.5.

Ind. Code § 16-32-2-3 Membership

Sec. 3. The committee shall be composed of the following members: (1) The director of the division of disability, aging, and rehabilitative services or the director's designee. (2) The commissioner of the Indiana department of administration or the commissioner's designee. (3) The executive director of the governor's planning council on people with disabilities. (4) The director of the division of mental health and addiction or the director's designee. (5) The commissioner of the state department or the commissioner's designee. (6) Three (3) members appointed by the governor to represent the public at large. (7) A representative of the central coordinating agency described in section 7(8) of this chapter. [Pre-1993 Recodification Citation: 16-7-11.5-2(a) part.] As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.231; P.L.5-1993, SEC.244; P.L.192-1995, SEC.1; P.L.215-2001, SEC.82; P.L.141-2006, SEC.86; P.L.37-2018, SEC.6; P.L.56-2023, SEC.152; P.L.122-2026, SEC.89.

Ind. Code § 16-32-2-4 Per diem

Sec. 4. The members of the committee shall be reimbursed for expenses at a rate equal to that of state employees on a per diem basis by the division of disability, aging, and rehabilitative services. [Pre-1993 Recodification Citation: 16-7-11.5-2(a) part.] As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.232; P.L.5-1993, SEC.245; P.L.141-2006, SEC.87; P.L.122-2026, SEC.90.

Ind. Code § 16-32-2-5 Executive secretary

Sec. 5. The director of the division of disability, aging, and rehabilitative services shall designate a staff member to act as executive secretary to the committee. [Pre-1993 Recodification Citation: 16-7-11.5-2(a) part.] As added by P.L.2-1993, SEC.15. Amended by P.L.4-1993, SEC.233; P.L.5-1993, SEC.246; P.L.141-2006, SEC.88; P.L.122-2026, SEC.91.

Ind. Code § 16-32-2-6 Voting by members

Sec. 6. Except for the member serving on the committee under section 3(7) of this chapter, all members of the committee are entitled to vote on issues before the committee. [Pre-1993 Recodification Citation: 16-7-11.5-2(a) part.] As added by P.L.2-1993, SEC.15. Amended by P.L.37-2018, SEC.7.

Ind. Code § 16-32-2-7 Powers and duties

Sec. 7. The committee shall do the following: (1) Request from any agency of the state or any unit of local government information concerning product specification and service requirements to enable the committee to carry out the intent of this chapter. The requested information shall be furnished to the executive secretary of the committee. (2) Meet as often as necessary to carry out the purposes of this chapter. However, the committee shall meet at least quarterly. (3) Request from each participating qualified nonprofit agency for individuals with disabilities a quarterly report that describes employment data and the volume of sales for each product or service sold under this chapter. These reports shall be made available to the Indiana department of administration. (4) Establish the price for all products and services provided by individuals with disabilities and offered for sale to state agencies and units of local government under IC 5-22-13 that the committee determines are suitable for use. The price fixed must recover for the qualified nonprofit agency for individuals with disabilities the cost of raw materials, labor, overhead, and delivery cost. The committee shall annually review and periodically revise the prices in accordance with changing cost factors and adopt necessary rules regarding specifications, time of delivery, and fair market price. (5) Approve and prepare a state use catalog that: (A) contains a compilation of the products and services available through qualified agencies that have been approved by the committee and that are available for purchase; and (B) lists all products and services available from any qualified nonprofit agency for individuals with disabilities that the committee determines are suitable for procurement. The procurement state use catalog must be distributed annually by electronic mail, not later than thirty (30) days following the beginning of the state fiscal year and revisions of the procurement state use catalog must be distributed quarterly to all purchasing officers of state agencies and units of local government for purchase under IC 5-22-13. (6) Encourage diversity in products and services provided by qualified nonprofit agencies for individuals with disabilities and discourage unnecessary duplication or competition between facilities. (7) Update the procurement state use catalog not less than every ninety (90) days starting January 1 of each year. The web based electronic version shall be considered the catalog of record. (8) Contract with a central coordinating agency that: (A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; (B) provides management services to organizations that provide employment services to individuals with disabilities; and (C) has a management service agreement with a statewide trade association of providers that deliver services to individuals with disabilities. [Pre-1993 Recodification Citation: 16-7-11.5-2(b).] As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.63; P.L.192-1995, SEC.2; P.L.49-1997, SEC.51; P.L.46-2007, SEC.5; P.L.37-2018, SEC.8.

Ind. Code § 16-32-2-8 Repealed

[Pre-1993 Recodification Citation: 16-7-11.5-3.] As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.64; P.L.192-1995, SEC.3. Repealed by P.L.49-1997, SEC.86.

Ind. Code § 16-32-2-9 Adoption of administrative rules concerning procurement goals with qualified nonprofit agencies; other state contracting goals not affected; report

Sec. 9. (a) The Indiana department of administration shall, in consultation with the committee, adopt rules under IC 4-22-2 to do the following: (1) Increase contracting opportunities for qualified nonprofit agencies with a goal to procure in each state fiscal year at least one and one-half percent (1.5%) of state contracts with qualified nonprofit agencies. (2) Develop procurement policies and procedures to accomplish the goal described in subdivision (1), including guidelines to be followed by the Indiana department of administration in conducting the Indiana department of administration's procurement efforts. (b) The procurement policies developed under subsection (a)(2) do not apply to a procurement of supplies and services to address immediate and serious government needs at a time of emergency, including a threat to the public health, welfare, or safety that may arise by reason of floods, epidemics, riots, acts of terrorism, major power failures, a threat proclaimed by the President of the United States or the governor, or a threat declared by the commissioner. (c) The goal set under subsection (a) must be administered so as not to diminish any of the goals adopted under IC 4-13-16.5. (d) The Indiana department of administration shall annually evaluate its progress in meeting the goal described in this section for the previous state fiscal year. After June 30 and before November 1 of each year, the Indiana department of administration shall submit a report to the governor, the committee, and the legislative council in an electronic format under IC 5-14-6. The report must include the following information: (1) The percentage goal obtained by the Indiana department of administration during the previous state fiscal year. (2) A summary of why the Indiana department of administration failed to meet the goal and what actions are being taken by the Indiana department of administration to meet the goal in the current state fiscal year. (e) The Indiana department of administration shall post the report described in subsection (d) on the Indiana department of administration's website not later than thirty (30) days after the report is submitted. As added by P.L.166-2022, SEC.4. Amended by P.L.23-2026, SEC.138.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026