General Assembly Raised Bill No. 6286
January Session, 2011 LCO No. 2928
*02928_______CE_*
Referred to Committee on Commerce
Introduced by:
(CE)
General Assembly
Raised Bill No. 6286
January Session, 2011
LCO No. 2928
*02928_______CE_*
Referred to Committee on Commerce
Introduced by:
(CE)
AN ACT CONCERNING A SMALL CONTRACTOR AND MINORITY BUSINESS ENTERPRISE SET ASIDE PROGRAM IN THE METROPOLITAN DISTRICT COMMISSION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 39 of number 511 of the special acts of 1929, as amended by special acts 80-14 and 90-14, is amended to read as follows (Effective from passage):
(a) Whenever any work shall be necessary to execute or perfect any public work or improvement, or whenever any supplies for the district shall be needed for any particular purpose and such work or supplies shall involve the expenditure of more than ten thousand dollars, except in the case of an emergency to be determined by the district board, a written contract for such work or supplies shall be made under such regulations as the district board may establish, which contract shall be based on sealed bids made in compliance with public notice, duly advertized by publication, in a daily newspaper published in said district, at least five days before the time fixed for opening such bids or proposals. The district board shall not award any contract except to the responsible qualified bidder submitting the lowest bid in compliance with bid requirements.
(b) (1) As used in this section:
(A) "Minority business enterprise" means any small contractor (i) in which fifty-one per cent or more of the capital stock, if any, or assets of which are owned by a person or persons who (I) are active in the daily affairs of the enterprise, (II) have the power to direct the management and policies of the enterprise, and (III) are members of a minority as defined in section 32-9n of the general statutes, and (ii) who has a certificate of eligibility issued by the Department of Administrative Services pursuant to subsection (k) of section 4a-60g of the general statutes.
(B) "Small contractor" means any contractor, subcontractor, manufacturer or service company (i) that has been doing business under the same ownership or management and has maintained its principal place of business in the state for a period of at least one year immediately prior to the date of submission of a bid for a contract under this section, (ii) that had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year prior to such submission, and (iii) at least fifty-one per cent of the ownership of which is held by a person or persons who exercise operational authority over the daily affairs of the business and have the power to direct the management and policies and receive the beneficial interests of the business, except that a nonprofit corporation shall be construed to be a small contractor if such nonprofit corporation meets the requirements of clauses (i) and (ii) of this subparagraph.
(2) Notwithstanding the provisions of subsection (a) of this section, the district shall establish a program to set aside, in each fiscal year, for award to small contractors or minority-owned enterprises, on the basis of competitive bidding procedures, contracts or portions of contracts for work or the purchase of goods or services. The total value of such contracts or portions thereof to be set aside shall be at least twenty-five per cent of the total value of all contracts let by the district in each fiscal year. A contract that may not be set aside due to a conflict with federal law or regulation shall not be included in such program.
(3) On or before July 1, 2012, and semiannually thereafter, the district shall submit, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and commerce, the Commission on Human Rights and Opportunities and the Office of Workforce Competitiveness, a written report that describes the extent of small contractors and minority business enterprises contracting with the district.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage Number 511 of the special acts of 1929, Sec. 39
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
Number 511 of the special acts of 1929, Sec. 39
Statement of Purpose:
To require the Metropolitan District Commission to set aside twenty- five per cent of all contracts or portions of contracts for bidding by small contractors and minority business enterprises.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]