2021 -- H 5401

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS

ENTERPRISE

     Introduced By: Representatives Williams, and Diaz

     Date Introduced: February 05, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

Business Enterprise" is hereby amended to read as follows:

     37-14.1-3. Definitions.

     (a) "Affirmative action" means taking specific steps to eliminate discrimination and its

effects, to ensure nondiscriminatory results and practices in the future, and to involve minority

business enterprises fully in contracts and programs funded by the state.

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

the requirements of this chapter.

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

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

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

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

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

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

States and who is:

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

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

other Spanish culture or origin, regardless of race);

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

regardless of race);

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

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

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

peoples of North America); or

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

disadvantaged by the Small Business Administration under § 8(a) of the Small Business Act, as

amended, 15 U.S.C. § 637(a).

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

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

which is owned and controlled by one or more minorities or women. For the purposes of this

chapter, owned and controlled means a business:

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

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

is owned by one or more minorities or women; and

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

individuals.

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

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

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

to implement the requirements of this chapter.

     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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     This act would delete Portuguese (a person of Portuguese, Brazilian, or other Portuguese

culture or origin, regardless of race), from those eligible to be considered as minorities for purposes

of awarding public works projects.

     This act would take effect upon passage.

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