2013 -- H 5544

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LC01294

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS

ENTERPRISE

     Introduced By: Representatives Almeida, Diaz, Hull, Williams, and Lombardi

     Date Introduced: February 14, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-14.1-3 of the General Laws in Chapter 37-14.1 entitled

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"Minority Business Enterprise" is hereby amended to read as follows:

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     37-14.1-3. Definitions. -- (a) "Affirmative action" means taking specific steps to

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eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the

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future, and to involve minority business enterprises fully in contracts and programs funded by the

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state.

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      (b) "Compliance" means the condition existing when a contractor has met and

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implemented the requirements of this chapter.

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      (c) "Contract" means a mutually binding legal relationship or any modification thereof

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obligating the seller to furnish supplies or services, including construction, and the buyer to pay

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for them. For purposes of this chapter, a lease is a contract.

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      (d) "Contractor" means one who participates, through a contract or subcontract, in any

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procurement or program covered by this chapter and includes lessees and material suppliers.

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      (e) "Minority" means a person who is a citizen or lawful permanent resident of the

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United States and who is:

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      (1) Black (a person having origins in any of the black racial groups of Africa);

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      (2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or

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other Spanish culture or origin, regardless of race);

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     (3) Portuguese (a person of Portuguese, Brazilian, or other Portuguese culture or origin,

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regardless of race);

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      (4) Asian American (a person having origins in any of the original peoples of the Far

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East, Southeast Asia, the Indian subcontinent, or the Pacific Islands);

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      (5) American Indian and Alaskan Native (a person having origins in any of the original

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peoples of North America); or

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      (6) Members of other groups or other individuals found to be economically and socially

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disadvantaged by the Small Business Administration under section 8(a) of the Small Business

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Act, as amended, 15 U.S.C. section 637(a).

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      (f) "Minority business enterprise" or "MBE" means a small business concern, as defined

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pursuant to section 3 of the federal Small Business Act, 15 U.S.C. section 632, and implementing

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regulations, which is owned and controlled by one or more minorities or women. For the

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purposes of this chapter, owned and controlled means a business:

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      (1) Which is at least fifty-one percent (51%) owned by one or more minorities or women

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or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which

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is owned by one or more minorities or women; and

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      (2) Whose management and daily business operations are controlled by one or more such

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individuals.

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      (g) "MBE coordinator" means the official designated to have overall responsibility for

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promotion of minority business enterprise in his or her departmental element.

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      (h) "Noncompliance" means the condition existing when a recipient or contractor has

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failed to implement the requirements of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01294

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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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     This act would delete persons of Portuguese descent from the definition section

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pertaining to minority business enterprise.

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     This act would take effect upon passage.

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LC01294

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