2024 -- S 2466

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LC004773

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC PROPERTY -- MINORITY BUSINESS ENTERPRISE

     

     Introduced By: Senators Cano, Acosta, Mack, Bissaillon, DiPalma, Britto, Quezada, Bell,
and Valverde

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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Business Enterprise" is hereby amended to read as follows:

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     37-14.1-6. Minority business enterprise participation.

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

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projects under this chapter and shall be awarded a minimum of fifteen percent (15%) twenty percent

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(20%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%) twenty

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percent (20%), minority business enterprises owned and controlled by a minority owner, as defined

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in ยง 37-14.1-3, shall be awarded a minimum of seven and one-half percent (7.5%) ten percent

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(10%), and minority business enterprises owned and controlled by a woman shall also be awarded

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a minimum of seven and one-half percent (7.5%) ten percent (10%). Annually, by October 1, the

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department of administration shall submit a report to the general assembly on the status of achieving

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the aforementioned participation requirements in the most recent fiscal year. The director of the

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department of administration is further authorized to establish by rules and regulation the

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certification process and formulas for giving minority business enterprises a preference in contract

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and subcontract awards.

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

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

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

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submit evidence of federal certification of good standing.

 

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     (c) The provisions of this chapter shall not be waived, including, but not limited to, during

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a declared state of emergency.

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     (d) The state of Rhode Island will arrange for a disparity study to evaluate the need for the

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development of programs to enhance the participation in state contracts of business enterprises

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owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025.

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     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 -- MINORITY BUSINESS ENTERPRISE

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     This act would increase the minimum required awarded to minority business enterprises to

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twenty percent (20%) and of that, require a minimum of ten percent (10%) be awarded to minority

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owned businesses and that a minimum of ten percent (10%) be awarded to women owned

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businesses.

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     This act would take effect upon passage.

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