2022 -- H 7812

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LC003441

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - MINORITY BUSINESS ENTERPRISE

-- MINORITY BUSINESS ENTERPRISE PARTICIPATION

     Introduced By: Representatives Williams, Giraldo, Felix, Vella-Wilkinson, and Morales

     Date Introduced: March 03, 2022

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority

Business Enterprise" is hereby amended to read as follows:

     37-14.1-6. Minority business enterprise participation.

     (a) Minority business enterprises shall be included in all procurements and construction

projects under this chapter and shall be awarded a minimum of ten percent (10%) fifty percent

(50%) of the dollar value of the entire procurement or project. Of the minimum requirement of fifty

percent (50%) awarded to minority business enterprises, a minimum of twenty-five percent (25%)

shall be awarded to business enterprises owned by persons of color and a minimum of twenty-five

percent (25%) shall be awarded to woman-owned business enterprises. Said minority business

enterprises must be owned by Rhode Island residents. The director of the department of

administration is further authorized to establish by rules and regulation the certification process and

formulas for giving minority business enterprises a preference in contract and subcontract awards.

     (b) Any minority business enterprise currently certified by the U.S. Small Business

Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by

the department of administration as a minority business enterprise and shall only be required to

submit evidence of federal certification of good standing.

     (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited

to, during a declared state of emergency.

     (d) For the purposes of this section, "Rhode Island resident" means that an owner of the

minority business enterprise has had their primary place of business located in Rhode Island for at

least one year prior to applying for any minority business enterprise participation procurement or

construction project and has filed a Rhode Island tax return in that preceding year. Furthermore,

the business owner must have resided in Rhode Island for at least one year prior to applying for

any minority business enterprise participation procurement or construction project.

     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

-- MINORITY BUSINESS ENTERPRISE PARTICIPATION

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     This act would increase the amount of state contracts awarded to minority business

enterprises to at least fifty percent (50%) of the total value of the entire dollar value of the contract.

The act would also provide that out of that minimum, a minimum of twenty-five percent (25%)

would be awarded to businesses owned by persons of color, and twenty-five percent (25%) would

be awarded to businesses owned by women. The act would further provide that these businesses be

owned by Rhode Island residents.

     This act would take effect upon passage.

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