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Rep. Carol A. Sente
Filed: 3/9/2011
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| 1 | | AMENDMENT TO HOUSE BILL 395
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| 2 | | AMENDMENT NO. ______. Amend House Bill 395 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Small |
| 5 | | Business Contracts Act.
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| 6 | | Section 5. Definitions. For the purposes of this Act, the |
| 7 | | following terms shall have the following definitions: |
| 8 | | "Department" means the Department of Commerce and Economic |
| 9 | | Opportunity. |
| 10 | | "Small business" means an independently owned and operated |
| 11 | | business that has fewer than 50 full-time employees. |
| 12 | | "State contract" means a State contract, funded |
| 13 | | exclusively with State funds which are not subject to federal |
| 14 | | reimbursement, whether competitively bid or negotiated, as |
| 15 | | defined by the Department. |
| 16 | | "State official or agency" means a department, officer, |
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| 1 | | board, commission, institution, or body politic or corporate of |
| 2 | | the State.
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| 3 | | Section 10. Award of State contracts. |
| 4 | | (a) Not less than 10% of the total dollar amount of State |
| 5 | | contracts, as defined by the Department, shall be established |
| 6 | | as a goal to be awarded to small businesses. |
| 7 | | (b) The percentage in subsection (a) relates to the total |
| 8 | | dollar amount of State contracts during each State fiscal year, |
| 9 | | calculated by examining independently each type of contract for |
| 10 | | each State official or agency which lets such contracts.
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| 11 | | Section 15. Compliance plans. |
| 12 | | (a) Each State official or agency shall file with the |
| 13 | | Department an annual compliance plan which shall outline the |
| 14 | | goals of the State official or agency for contracting with |
| 15 | | small businesses for the then current fiscal year, the manner |
| 16 | | in which the official or agency intends to reach these goals, |
| 17 | | and a timetable for reaching these goals. The Department shall |
| 18 | | review and approve the plan of each State official or agency |
| 19 | | and may reject any plan that does not comply with this Act or |
| 20 | | any rules promulgated pursuant to this Act. |
| 21 | | (b) Each State official or agency shall file with the |
| 22 | | Department an annual report of its utilization of small |
| 23 | | businesses during the preceding fiscal year including lapse |
| 24 | | period spending and a mid-fiscal year report of its utilization |
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| 1 | | to date for the then current fiscal year. The reports shall |
| 2 | | include a self-evaluation of the efforts of the State official |
| 3 | | or agency to meet its goals under the Act.
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| 4 | | Section 20. Annual report. The Department shall file no |
| 5 | | later than March 1 of each year, an annual report that shall |
| 6 | | detail the level of achievement toward the goals specified in |
| 7 | | this Act over the 3 most recent fiscal years. The annual report |
| 8 | | shall include, but need not be limited to, the following: |
| 9 | | (1) a summary detailing State appropriations subject |
| 10 | | to the goals, the actual goals specified, and the goals |
| 11 | | attained by each State official or agency; |
| 12 | | (2) a summary of the number of contracts awarded and |
| 13 | | the average contract amount by each State official or |
| 14 | | agency; and |
| 15 | | (3) an analysis of the level of overall goal |
| 16 | | achievement concerning purchases from small businesses.
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.".
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