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| 5 | 5 | | 2023 -- H 5748 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001723 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS |
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| 16 | 16 | | ENTERPRISE |
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| 17 | 17 | | Introduced By: Representatives Giraldo, Cruz, Morales, Henries, Sanchez, Felix, and |
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| 18 | 18 | | Potter |
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| 19 | 19 | | Date Introduced: February 21, 2023 |
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| 20 | 20 | | Referred To: House Labor |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority 1 |
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| 25 | 25 | | Business Enterprise" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 37-14.1-6. Minority business enterprise participation. 3 |
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| 27 | 27 | | (a) Minority business enterprises shall be included in all procurements and construction 4 |
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| 28 | 28 | | projects under this chapter and shall be awarded a minimum of ten percent (10%) twenty percent 5 |
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| 29 | 29 | | (20%) of the dollar value of the entire procurement or project. Of that twenty percent (20%), 6 |
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| 30 | 30 | | minority business enterprises owned and controlled by a minority owner, as defined in ยง 37-14.1-7 |
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| 31 | 31 | | 3, shall be awarded a minimum of ten percent (10%), and minority business enterprises owned and 8 |
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| 32 | 32 | | controlled by a woman shall also be awarded a minimum of ten percent (10%). The director of the 9 |
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| 33 | 33 | | department of administration is further authorized to establish by rules and regulation the 10 |
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| 34 | 34 | | certification process and formulas for giving minority business enterprises a preference in contract 11 |
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| 35 | 35 | | and subcontract awards. 12 |
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| 36 | 36 | | (b) Any minority business enterprise currently certified by the U.S. Small Business 13 |
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| 37 | 37 | | Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by 14 |
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| 38 | 38 | | the department of administration as a minority business enterprise and shall only be required to 15 |
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| 39 | 39 | | submit evidence of federal certification of good standing. 16 |
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| 40 | 40 | | (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited 17 |
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| 41 | 41 | | to, during a declared state of emergency. 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001723 - Page 2 of 3 |
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| 45 | 45 | | SECTION 2. This act shall take effect upon passage. 1 |
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| 46 | 46 | | ======== |
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| 47 | 47 | | LC001723 |
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| 48 | 48 | | ======== |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | LC001723 - Page 3 of 3 |
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| 52 | 52 | | EXPLANATION |
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| 53 | 53 | | BY THE LEGISLATIVE COUNCIL |
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| 54 | 54 | | OF |
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| 55 | 55 | | A N A C T |
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| 56 | 56 | | RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS |
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| 57 | 57 | | ENTERPRISE |
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| 58 | 58 | | *** |
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| 59 | 59 | | This act would increase the minimum required awarded to minority business enterprises to 1 |
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| 60 | 60 | | twenty percent (20%) and of that, require a minimum of ten percent (10%) be awarded to minority 2 |
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| 61 | 61 | | owned businesses and that a minimum of ten percent (10%) be awarded to women owned 3 |
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| 62 | 62 | | businesses. 4 |
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| 63 | 63 | | This act would take effect upon passage. 5 |
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| 64 | 64 | | ======== |
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| 65 | 65 | | LC001723 |
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| 66 | 66 | | ======== |
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