Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0144 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- S 0144 ~~SUBSTITUTE A~~
	5	+	2023 -- S 0144
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7		-	LC000273~~/SUB A~~
	7	+	LC000273
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
16	16		ENTERPRISE
17	17		Introduced By: Senators Cano, Quezada, Murray, Mack, DiMario, Kallman, Lawson,
18	18		Acosta, Miller, and Britto
19	19		Date Introduced: February 01, 2023
20	20		Referred To: Senate Labor
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority 1
25	25		Business Enterprise" is hereby amended to read as follows: 2
26	26		37-14.1-6. Minority business enterprise participation. 3
27	27		(a) Minority business enterprises shall be included in all procurements and construction 4
28		-	projects under this chapter and shall be awarded a minimum of ten percent (10%) ~~fifteen~~ percent 5
29		-	(15%) of the dollar value of the entire procurement or project. Of that ~~fifteen~~ percent (15%), 6
	28	+	projects under this chapter and shall be awarded a minimum of ten percent (10%) twenty percent 5
	29	+	(20%) of the dollar value of the entire procurement or project. Of that twenty percent (20%), 6
30	30		minority business enterprises owned and controlled by a minority owner, as defined in § 37-14.1-7
31		-	3, shall be awarded a minimum of ~~seven- and one-half~~ percent (~~7.5~~%), and minority business 8
32		-	~~enterprises owned and~~ controlled by a woman shall also be awarded a minimum of ~~seven- and one-~~9
33		-	~~half percent (7.5%). Annually, by October 1, the~~ department of administration ~~shall submit a report~~ 10
34		-	~~to the general assembly on the status of achieving the aforementioned participation requirements~~ 11
35		-	~~in the most recent fiscal year~~. ~~The director of the department of administration is further authorized~~ 12
36		-	~~to establish~~ by ~~rules and regulation~~ the ~~certification process and formulas for giving minority~~ 13
37		-	~~business enterprises~~ a ~~preference in contract and subcontract awards.~~ 14
38		-	~~(b) Any~~ minority business enterprise ~~currently certified by the U.S. Small Business~~ 15
39		-	~~Administration as an 8(a) firm governed by 13 C~~.~~F.R. part 124 shall be deemed to be certified by~~ 16
40		-	the ~~department~~ of ~~administration as a minority business enterprise and~~ shall ~~only~~ be ~~required to~~ 17
41		-	~~submit evidence~~ of ~~federal certification of good standing.~~ 18
	31	+	3, shall be awarded a minimum of ten percent (10%), and minority business enterprises owned and 8
	32	+	controlled by a woman shall also be awarded a minimum of ten percent (10%). The director of the 9
	33	+	department of administration is further authorized to establish by rules and regulation the 10
	34	+	certification process and formulas for giving minority business enterprises a preference in contract 11
	35	+	and subcontract awards. 12
	36	+	(b) Any minority business enterprise currently certified by the U.S. Small Business 13
	37	+	Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by 14
	38	+	the department of administration as a minority business enterprise and shall only be required to 15
	39	+	submit evidence of federal certification of good standing. 16
	40	+	(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited 17
	41	+	to, during a declared state of emergency. 18
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44		-	LC000273/SUB A - Page 2 of 3
45		-	(c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited 1
46		-	to, during a declared state of emergency. 2
47		-	(d) The State of Rhode Island will arrange for a disparity study to evaluate the need for the 3
48		-	development of programs to enhance the participation in state contracts of business enterprises 4
49		-	owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025. 5
50		-	SECTION 2. This act shall take effect upon passage. 6
	44	+	LC000273 - Page 2 of 3
	45	+	SECTION 2. This act shall take effect upon passage. 1
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52		-	LC000273~~/SUB A~~
	47	+	LC000273
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56		-	LC000273~~/SUB A~~ - Page 3 of 3
	51	+	LC000273 - Page 3 of 3
57	52		EXPLANATION
58	53		BY THE LEGISLATIVE COUNCIL
59	54		OF
60	55		A N A C T
61	56		RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS
62	57		ENTERPRISE
63	58		***
64	59		This act would increase the minimum required awarded to minority business enterprises to 1
65		-	~~fifteen~~ percent (15%) and of that, require a minimum of ~~seven- and one-half~~ percent (~~7.5~~%) be 2
66		-	~~awarded to minority~~ owned businesses and that a minimum of ~~seven- and one-half~~ percent (~~7.5~~%) 3
67		-	~~be awarded to minority one women owned~~ businesses. 4
	60	+	twenty percent (20%) and of that, require a minimum of ten percent (10%) be awarded to minority 2
	61	+	owned businesses and that a minimum of ten percent (10%) be awarded to women owned 3
	62	+	businesses. 4
68	63		This act would take effect upon passage. 5
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70		-	LC000273~~/SUB A~~
	65	+	LC000273
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