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