2025 -- H 5683 | |
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LC001254 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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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 Giraldo, Alzate, Potter, Morales, Diaz, Biah, Felix, and | |
Date Introduced: February 26, 2025 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority |
2 | Business Enterprise" is hereby amended to read as follows: |
3 | 37-14.1-6. Minority business enterprise participation. |
4 | (a) Minority business enterprises shall be included in all procurements and construction |
5 | projects under this chapter and shall be awarded a minimum of fifteen percent (15%) twenty percent |
6 | (20%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%), |
7 | minority business enterprises owned and controlled by a minority owner, as defined in § 37-14.1- |
8 | 3, shall be awarded a minimum of seven and one-half percent (7.5%), and minority business |
9 | enterprises owned and controlled by a woman shall be awarded a minimum of seven and one-half |
10 | percent (7.5%). Annually, by October 1, the department of administration shall submit a report to |
11 | the general assembly on the status of achieving the aforementioned participation requirements in |
12 | the most recent fiscal year. Of that twenty percent (20%), minority business enterprises owned and |
13 | controlled by a minority owner, as defined in § 37-14.1-3, shall be awarded a minimum of ten |
14 | percent (10%), and minority business enterprises owned and controlled by a woman shall also be |
15 | awarded a minimum of ten percent (10%). The director of the department of administration is |
16 | further authorized to establish by rules and regulation the certification process and formulas for |
17 | giving minority business enterprises a preference in contract and subcontract awards. |
18 | (b) Any minority business enterprise currently certified by the U.S. Small Business |
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1 | Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by |
2 | the department of administration as a minority business enterprise and shall only be required to |
3 | submit evidence of federal certification of good standing. |
4 | (c) The provisions of this chapter shall not be waived, including, but not limited to, during |
5 | a declared state of emergency. |
6 | (d) The state of Rhode Island will arrange for a disparity study to evaluate the need for the |
7 | development of programs to enhance the participation in state contracts of business enterprises |
8 | owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025. |
9 | 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 increase the minimum required awarded to minority business enterprises |
2 | from fifteen (15%) percent to twenty (20%) percent and of that, require a minimum of ten (10%) |
3 | percent be awarded to minority owned businesses and a minimum of ten (10%) percent be awarded |
4 | to women owned businesses. |
5 | This act would take effect upon passage. |
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