2020 -- H 8117 | |
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LC005264 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS | |
ENTERPRISE | |
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Introduced By: Representatives Williams, Hull, Blazejewski, Alzate, and Slater | |
Date Introduced: July 17, 2020 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 37-14.1-3 and 37-14.1-7 of the General Laws in Chapter 37-14.1 |
2 | entitled "Minority Business Enterprise" are hereby amended to read as follows: |
3 | 37-14.1-3. Definitions. |
4 | (a) "Affirmative action" means taking specific steps to eliminate discrimination and its |
5 | effects, to ensure nondiscriminatory results and practices in the future, and to involve minority |
6 | business enterprises fully in contracts and programs funded by the state. |
7 | (b) "Compliance" means the condition existing when a contractor has met and implemented |
8 | the requirements of this chapter. |
9 | (c) "Contract" means a mutually binding legal relationship or any modification thereof |
10 | obligating the seller to furnish supplies or services, including construction, and the buyer to pay for |
11 | them. For purposes of this chapter, a lease is a contract. |
12 | (d) "Contractor" means any person or entity, organized under the laws of the United States |
13 | or of any state, regardless of whether it has a physical location in this state and is one who |
14 | participates, through a contract or subcontract, in any procurement or program covered by this |
15 | chapter and includes lessees and material suppliers. |
16 | (e) "Minority" means a person who is a citizen or lawful permanent resident of the United |
17 | States and who is: |
18 | (1) Black (a person having origins in any of the black racial groups of Africa); |
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1 | (2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or |
2 | other Spanish culture or origin, regardless of race); |
3 | (3) Portuguese (a person of Portuguese, Brazilian, or other Portuguese culture or origin, |
4 | regardless of race); |
5 | (4) Asian American (a person having origins in any of the original peoples of the Far East, |
6 | Southeast Asia, the Indian subcontinent, or the Pacific Islands); |
7 | (5) American Indian and Alaskan Native (a person having origins in any of the original |
8 | peoples of North America); or |
9 | (6) Members of other groups or other individuals found to be economically and socially |
10 | disadvantaged by the Small Business Administration under § 8(a) of the Small Business Act, as |
11 | amended, 15 U.S.C. § 637(a). |
12 | (f) "Minority business enterprise" or "MBE" means a small business concern, as defined |
13 | pursuant to § 3 of the federal Small Business Act, 15 U.S.C. § 632, and implementing regulations, |
14 | which is owned and controlled by one or more minorities or women organized under the laws of |
15 | the United States or of any state, regardless of whether it has a physical location in this state. For |
16 | the purposes of this chapter, owned and controlled means a business: |
17 | (1) Which is at least fifty-one percent (51%) owned by one or more minorities or women |
18 | or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which |
19 | is owned by one or more minorities or women; and |
20 | (2) Whose management and daily business operations are controlled by one or more such |
21 | individuals.; or |
22 | (3) Which is a nonprofit corporation, trust, unincorporated association or other organization |
23 | exempt from federal income tax under section 501(c)(3) of title 26 of the United States code, whose |
24 | board of directors is comprised of at least fifty-one percent (51%) minorities or women and whose |
25 | management and daily business operations are controlled by one or more such individuals. |
26 | (g) "MBE coordinator" means the official designated to have overall responsibility for |
27 | promotion of minority business enterprise in his or her departmental element. |
28 | (h) "Noncompliance" means the condition existing when a recipient or contractor has failed |
29 | to implement the requirements of this chapter. |
30 | 37-14.1-7. Establishment of criteria and guidelines. |
31 | The director of the department of administration shall establish, by rule and regulations |
32 | adopted in accordance with chapter 35 of title 42, standards which shall determine whether a |
33 | construction project is covered by this chapter, compliance formulas, procedures for |
34 | implementation, and procedures for enforcement which are not inconsistent with 49 CFR 23 of the |
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1 | federal regulations; provided, however, that no company exceeding the net worth as set out in 49 |
2 | CFR 23.35 or as defined in 15 U.S.C. § 632, or any other limitation as to net worth set by federal |
3 | law or regulation, shall exclude any company from eligibility under this chapter. As to Rhode Island |
4 | department of transportation (RIDOT) contracts, the director of administration may delegate this |
5 | authority to the director of transportation; provided, however, that any RIDOT contracts that do not |
6 | rely on or utilize federal funds, shall comply with the provisions of this section and with the |
7 | provisions of § 37-14.1-3. |
8 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS | |
ENTERPRISE | |
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1 | This act would redefine the terms contractor and minority business enterprise to include |
2 | any business organized under the laws of the United States or any other state, regardless of whether |
3 | they have a physical location within this state, would include nonprofit businesses, would require |
4 | the Rhode Island department of transportation to follow these provisions for any contract not |
5 | utilizing federal funds and would also remove any limit on net worth for businesses eligible for |
6 | consideration under this chapter. |
7 | This act would take effect upon passage. |
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