Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3442 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 449 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3442
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher J. Worrell
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to transparency and accountability in procurement.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher J. Worrell5th Suffolk1/9/2025 1 of 5
16	16	HOUSE DOCKET, NO. 449 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3442
18	18	By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 3442) of
19	19	Christopher J. Worrell that the Supplier Diversity Office annually collect and report certain
20	20	procurement activity related to certified business enterprises and non-certified businesses by
21	21	businesses, nonprofit corporations, and state authorities. State Administration and Regulatory
22	22	Oversight.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to transparency and accountability in procurement.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Whereas the Commonwealth of Massachusetts, pursuant to section 57 of
32	32	2chapter 7 of the Massachusetts General Laws, has established a policy to foster an inclusive
33	33	3marketplace that offers competitive opportunity for businesses as diverse as the people of the
34	34	4commonwealth; and whereas the Commonwealth of Massachusetts pursuant to section 58A of
35	35	5chapter 7 of the Massachusetts General Laws, has established a Supplier Diversity Office or
36	36	6“SDO” to implement the supplier diversity objectives of the commonwealth, or more
37	37	7specifically, to effect the purposes of sections 57 to 61, inclusive, of said chapter 7; and whereas
38	38	8the Commonwealth of Massachusetts, acting through agencies of the executive branch, enters
39	39	9into contracts with businesses to facilitate the delivery of services and/or activities for the
40	40	10commercial and/or personal benefit of residents of the Commonwealth; it is the intention of the
41	41	11general court to take meaningful actions to better understand the inclusiveness of the 2 of 5
42	42	12Massachusetts marketplace as it relates to businesses as diverse as the people of the
43	43	13commonwealth. To achieve the purposes as stated in this section and sections 2 and 3, inclusive,
44	44	14this Act shall be known as the Transparency and Accountability in Procurement Act.
45	45	15 SECTION 2. As used in sections 1 to 3, inclusive, of this act, the following words shall
46	46	16have the following meanings, unless a contrary intent is clearly indicated: -
47	47	17 “Business”, means a corporation, sole proprietorship, partnership, limited liability
48	48	18company, or any other organization formed for the purpose of engaging in a commercial
49	49	19function; provided that said corporation, sole proprietorship, partnership, limited liability
50	50	20company, or other organization has annual revenue equal to or greater than one hundred million
51	51	21dollars.
52	52	22 “Black-owned Business”, means a business that is owned and controlled by one or more
53	53	23Black persons or African Americans.
54	54	24 “Minority Business Enterprise” or “MBE”, means a business certified pursuant to section
55	55	2561 of chapter 7 of the General Laws owned and controlled by one or more socially or
56	56	26economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic
57	57	27economic circumstances or background or other similar causes. For purposes of this Act, such
58	58	28persons shall include Blacks or African Americans and Western Hemisphere Hispanics.
59	59	29 ''Certified business enterprises” means minority business enterprises and woman business
60	60	30enterprises, certified pursuant to section 61 of chapter 7 of the General laws, and as both terms
61	61	31are defined in this section. 3 of 5
62	62	32 “Non-certified businesses” shall mean Black-owned businesses, Western Hemisphere
63	63	33Hispanic-owned businesses, and “Women-owned” businesses.
64	64	34 ''Women business enterprise'' or ''WBE'', means a business certified pursuant to section
65	65	3561 of chapter 7 of the General laws that is both owned and controlled, by one or more women
66	66	36who have invested in an ongoing business free of conversion rights.
67	67	37 “Women-owned Business”, means a business that is both owned and controlled by one or
68	68	38more women.
69	69	39 "Non-profit corporation" means all corporations organized for a purpose consistent with
70	70	40section 4 of chapter 180 of the General Laws and which has annual revenue equal to or greater
71	71	41than one hundred million dollars.
72	72	42 ''State authority'' a body politic and corporate constituted as a public instrumentality of
73	73	43the commonwealth and established by an act of the General Court to serve an essential
74	74	44governmental function and that has annual revenue equal to or greater than one hundred million
75	75	45dollars; provided, however, that state authority shall not include: (1) a state agency; (2) a city or
76	76	46town; (3) a body controlled by a city or town; or (4) a separate body politic for which the
77	77	47governing body is elected, in whole or in part, by the general public or by representatives of
78	78	48member cities or towns.
79	79	49 ''Hospital'', means a hospital licensed or certified by the Department of Public Health
80	80	50pursuant to section 51 of Chapter 111 or other applicable law, with an emergency department,
81	81	51and the teaching hospital of the University of Massachusetts Medical School. 4 of 5
82	82	52 “Institution of higher education” means an educational institution domiciled in the
83	83	53Commonwealth and that (1) admits as regular students only persons having a certificate of
84	84	54graduation from a school providing secondary education, or the recognized equivalent of such a
85	85	55certificate, or persons who meet the requirements of section 1091(d) of 20 United States Code;
86	86	56(2) is legally authorized to provide a program of education beyond secondary education; (3)
87	87	57provides an educational program for which the institution awards a bachelor’s degree or provides
88	88	58not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a
89	89	59degree that is acceptable for admission to a graduate or professional degree program, subject to
90	90	60review and approval by the Secretary; (4) is a public or nonprofit institution; (5) is accredited by
91	91	61a nationally recognized accrediting agency or association, or if not so accredited, is an institution
92	92	62that has been granted preaccreditation status by such an agency or association that has been
93	93	63recognized by the United States Secretary of Education for the granting of preaccreditation
94	94	64status, and said Secretary has determined that there is satisfactory assurance that the institution
95	95	65will meet the accreditation standards of such an agency or association within a reasonable time;
96	96	66and (6 has annual revenue equal to or greater than one hundred million dollars.
97	97	67 ''Museum'', an institution or entity located in the commonwealth that: (i) is operated by a
98	98	68nonprofit corporation, trust, association, public agency, or educational institution; (ii) is operated
99	99	69primarily for educational, scientific, historic preservation, cultural or aesthetic purposes; (iii)
100	100	70owns, borrows, cares for, exhibits, studies, archives or catalogs property; and (iv) has annual
101	101	71revenue equal to or greater than one hundred million dollars.
102	102	72 ''SDO'' or ''Supplier Diversity Office'', the commonwealth's supplier diversity office as
103	103	73designated by section 58A and section 61 of chapter 7 of the General Laws. The Supplier 5 of 5
104	104	74Diversity Office is the successor agency to the state office of minority and women business
105	105	75assistance.
106	106	76 SECTION 3. The SDO shall promulgate regulations for the annual collection and
107	107	77reporting of procurement activity as such activity relates to certified business enterprises and
108	108	78non-certified businesses by businesses, nonprofit corporations, and state authorities.
109	109	79 In addition to annually collecting and reporting such procurement activity, the SDO shall
110	110	80submit, by April 30 of each year, an annual report that details by business, museum, institution of
111	111	81higher education, hospital, nonprofit corporation, and state authority each entity’s procurement
112	112	82activity with certified business enterprises and non-certified business enterprises. Said annual
113	113	83report shall be submitted to the governor, lieutenant governor, and the general court. Said annual
114	114	84report shall also be made available to the public via the SDO’s website