2023 -- S 0144 SUBSTITUTE A
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LC000273/SUB A
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
ENTERPRISE
Introduced By: Senators Cano, Quezada, Murray, Mack, DiMario, Kallman, Lawson,
Acosta, Miller, and Britto
Date Introduced: February 01, 2023
Referred To: Senate Labor
It is enacted by the General Assembly as follows:
SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority 1
Business Enterprise" is hereby amended to read as follows: 2
37-14.1-6. Minority business enterprise participation. 3
(a) Minority business enterprises shall be included in all procurements and construction 4
projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent 5
(15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%), 6
minority business enterprises owned and controlled by a minority owner, as defined in ยง 37-14.1-7
3, shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business 8
enterprises owned and controlled by a woman shall also be awarded a minimum of seven- and one-9
half percent (7.5%). Annually, by October 1, the department of administration shall submit a report 10
to the general assembly on the status of achieving the aforementioned participation requirements 11
in the most recent fiscal year. The director of the department of administration is further authorized 12
to establish by rules and regulation the certification process and formulas for giving minority 13
business enterprises a preference in contract and subcontract awards. 14
(b) Any minority business enterprise currently certified by the U.S. Small Business 15
Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by 16
the department of administration as a minority business enterprise and shall only be required to 17
submit evidence of federal certification of good standing. 18
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(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited 1
to, during a declared state of emergency. 2
(d) The State of Rhode Island will arrange for a disparity study to evaluate the need for the 3
development of programs to enhance the participation in state contracts of business enterprises 4
owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025. 5
SECTION 2. This act shall take effect upon passage. 6
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LC000273/SUB A - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
ENTERPRISE
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This act would increase the minimum required awarded to minority business enterprises to 1
fifteen percent (15%) and of that, require a minimum of seven- and one-half percent (7.5%) be 2
awarded to minority owned businesses and that a minimum of seven- and one-half percent (7.5%) 3
be awarded to minority one women owned businesses. 4
This act would take effect upon passage. 5
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LC000273/SUB A
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