Rep. Carol A. Sente

Filed: 3/9/2011





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2    AMENDMENT NO. ______. Amend House Bill 395 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Small
5Business Contracts Act.
6    Section 5. Definitions. For the purposes of this Act, the
7following terms shall have the following definitions:
8    "Department" means the Department of Commerce and Economic
10    "Small business" means an independently owned and operated
11business that has fewer than 50 full-time employees.
12    "State contract" means a State contract, funded
13exclusively with State funds which are not subject to federal
14reimbursement, whether competitively bid or negotiated, as
15defined by the Department.
16    "State official or agency" means a department, officer,



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1board, commission, institution, or body politic or corporate of
2the State.
3    Section 10. Award of State contracts.
4    (a) Not less than 10% of the total dollar amount of State
5contracts, as defined by the Department, shall be established
6as a goal to be awarded to small businesses.
7    (b) The percentage in subsection (a) relates to the total
8dollar amount of State contracts during each State fiscal year,
9calculated by examining independently each type of contract for
10each State official or agency which lets such contracts.
11    Section 15. Compliance plans.
12    (a) Each State official or agency shall file with the
13Department an annual compliance plan which shall outline the
14goals of the State official or agency for contracting with
15small businesses for the then current fiscal year, the manner
16in which the official or agency intends to reach these goals,
17and a timetable for reaching these goals. The Department shall
18review and approve the plan of each State official or agency
19and may reject any plan that does not comply with this Act or
20any rules promulgated pursuant to this Act.
21    (b) Each State official or agency shall file with the
22Department an annual report of its utilization of small
23businesses during the preceding fiscal year including lapse
24period spending and a mid-fiscal year report of its utilization



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1to date for the then current fiscal year. The reports shall
2include a self-evaluation of the efforts of the State official
3or agency to meet its goals under the Act.
4    Section 20. Annual report. The Department shall file no
5later than March 1 of each year, an annual report that shall
6detail the level of achievement toward the goals specified in
7this Act over the 3 most recent fiscal years. The annual report
8shall 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.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".