House Amendment 1311
PAG LIN
1 1 Amend House File 783 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. Section 314.13, Code 2009, is amended
1 5 to read as follows:
1 6 314.13 DEFINITIONS.
1 7 As used in this chapter, unless the context
1 8 otherwise requires:
1 9 1. "Agency" means any governmental body which
1 10 exercises jurisdiction over any road as provided by
1 11 law.
1 12 2. "Committee" means the integrated roadside
1 13 vegetation management technical advisory committee
1 14 created in section 314.22.
1 15 3. "Coordinator" means the integrated roadside
1 16 vegetation management coordinator.
1 17 4. "Department" means the state department of
1 18 transportation.
1 19 5. "Disadvantaged business enterprise" means a
1 20 small business which meets both of the following:
1 21 a. The business is at least fifty=one percent
1 22 owned by one or more socially and economically
1 23 disadvantaged individuals.
1 24 b. The management and daily business operations of
1 25 the business are controlled by one or more of the
1 26 socially and economically disadvantaged individuals
1 27 who own the business.
1 28 5. 6. "Highway" or "street" means the entire
1 29 width between property lines of every way or place of
1 30 whatever nature when any part thereof is open to the
1 31 use of the public, as a matter of right, for purposes
1 32 of vehicular traffic.
1 33 7. "Prequalified" means that a small business has
1 34 been approved by the department as a small business,
1 35 is a recognized contractor engaged in the class of
1 36 work provided for in the plans and specifications,
1 37 possesses sufficient resources to complete the work,
1 38 and is able to furnish a performance bond for one
1 39 hundred percent of the contract.
1 40 8. "Small business" means any enterprise, which is
1 41 operated for profit and under a single management, and
1 42 which has either fewer than twenty employees or an
1 43 annual gross income of less than four million dollars
1 44 computed as the average of the three preceding fiscal
1 45 years. This definition does not apply to any program
1 46 or activity for which a definition for small business
1 47 is provided for the program or activity by federal law
1 48 or regulation or other state law.
1 49 9. "Socially and economically disadvantaged
1 50 individual" means an individual who is a citizen of
2 1 the United States or who is a lawfully admitted
2 2 permanent resident of the United States and who is a
2 3 woman, Black American, Hispanic American, Native
2 4 American, Asian=Pacific American, Asian=Indian
2 5 American, or any other minority person or individual
2 6 found to be disadvantaged by the United States small
2 7 business administration. However, the department may
2 8 also determine, on a case=by=case basis, that an
2 9 individual who is not a member of one of the
2 10 enumerated groups is a socially and economically
2 11 disadvantaged individual. A rebuttable presumption
2 12 exists that individuals in the following groups are
2 13 socially and economically disadvantaged:
2 14 a. "Asian=Indian Americans", which includes
2 15 persons whose origins are from India, Pakistan,
2 16 Bangladesh, Bhutan, the Maldives Islands, Nepal, or
2 17 Sri Lanka.
2 18 b. "Asian=Pacific Americans", which includes
2 19 persons whose origins are from Japan, China, Taiwan,
2 20 Korea, Burma (Myanmar), Vietnam, Laos, Cambodia,
2 21 Thailand, Malaysia, Indonesia, the Philippines,
2 22 Brunei, Samoa, Guam, the United States trust
2 23 territories of the Pacific Islands, and the Northern
2 24 Marianas, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru,
2 25 Micronesia, or Hong Kong.
2 26 c. "Black Americans", which includes persons
2 27 having origins in any of the black racial groups of
2 28 Africa.
2 29 d. "Hispanic Americans", which includes persons of
2 30 Mexican, Puerto Rican, Cuban, Central or South
2 31 American, or other Spanish or Portuguese culture or
2 32 origin, regardless of race.
2 33 e. "Native Americans", which includes persons who
2 34 are American Indians, Eskimos, Aleuts, or Native
2 35 Hawaiians.
2 36 Sec. 2. NEW SECTION. 314.13A CONTRACT ASSESSMENT
2 37 == SOCIALLY AND ECONOMICALLY DISADVANTAGED
2 38 INDIVIDUALS.
2 39 1. The department, prior to awarding a federal or
2 40 nonfederal highway contract, shall assess the impact
2 41 of the contract on socially and economically
2 42 disadvantaged individuals, including women and persons
2 43 with a disability as defined in section 15.102, in the
2 44 state.
2 45 2. The assessment shall include the following:
2 46 a. Any disproportionate or unique impact the
2 47 contract may have on socially and economically
2 48 disadvantaged individuals in the state.
2 49 b. A rationale for the contract having an impact
2 50 on socially and economically disadvantaged individuals
3 1 in the state.
3 2 c. Consultation with representatives of socially
3 3 and economically disadvantaged individuals in cases
3 4 where the contract has an identifiable impact on
3 5 socially and economically disadvantaged individuals in
3 6 the state.
3 7 3. This section shall be carried out to the extent
3 8 consistent with federal law.
3 9 4. The assessment shall be used for informational
3 10 purposes.
3 11 Sec. 3. Section 314.14, Code 2009, is amended to
3 12 read as follows:
3 13 314.14 CONTRACTS SET ASIDE FOR DISADVANTAGED
3 14 BUSINESS ENTERPRISES SMALL BUSINESSES.
3 15 1. Definitions. As used in this section:
3 16 a. "Disadvantaged business enterprise" means a
3 17 small business concern which meets either of the
3 18 following:
3 19 (1) Is at least fifty=one percent owned by one or
3 20 more socially and economically disadvantaged
3 21 individuals.
3 22 (2) Whose management and daily business operations
3 23 are controlled by one or more of the socially and
3 24 economically disadvantaged individuals who own it.
3 25 b. "Small business concern" means a business which
3 26 is independently owned and operated and which is not
3 27 dominant in its field of operation.
3 28 c. "Socially and economically disadvantaged
3 29 individuals" means those individuals who are citizens
3 30 of the United States or who are lawfully admitted
3 31 permanent residents and who are Black Americans,
3 32 Hispanic Americans, Native Americans, Asian=Pacific
3 33 Americans, Asian=Indian Americans, or any other
3 34 minority or individuals found to be disadvantaged by
3 35 the United States small business administration.
3 36 However, the department may also determine, on a
3 37 case=by=case basis, that an individual who is not a
3 38 member of one of the enumerated groups is socially and
3 39 economically disadvantaged. A rebuttable presumption
3 40 exists that individuals in the following groups are
3 41 socially and economically disadvantaged:
3 42 (1) "Black Americans" which includes persons
3 43 having origins in any of the black racial groups of
3 44 Africa.
3 45 (2) "Hispanic Americans" which includes persons of
3 46 Mexican, Puerto Rican, Cuban, Central or South
3 47 American, or other Spanish culture or origin,
3 48 regardless of race.
3 49 (3) "Native Americans" which includes persons who
3 50 are American Indians, Eskimos, Aleuts, or Native
4 1 Hawaiians.
4 2 (4) "Asian=Pacific Americans" which includes
4 3 persons whose origins are from Japan, China, Taiwan,
4 4 Korea, Vietnam, Laos, Cambodia, the Philippines,
4 5 Samoa, Guam, the United States Trust Territories of
4 6 the Pacific, and the Northern Marianas.
4 7 (5) "Asian=Indian Americans" which includes
4 8 persons whose origins are from India, Pakistan, and
4 9 Bangladesh.
4 10 d. "Prequalified" means that the disadvantaged
4 11 business enterprise is currently approved by the
4 12 department as a disadvantaged business enterprise, is
4 13 a recognized contractor engaged in the class of work
4 14 provided for in the plans and specifications,
4 15 possesses sufficient resources to complete the work,
4 16 and is able to furnish a performance bond for one
4 17 hundred percent of the contract.
4 18 2. Set=aside. Notwithstanding section 314.1,
4 19 there may be set aside contracts for bidding by
4 20 prequalified disadvantaged business enterprises small
4 21 businesses a percentage of the total annual dollar
4 22 amount of public contracts let by the department. The
4 23 annual dollar amount set aside for bidding by
4 24 prequalified disadvantaged business enterprises small
4 25 businesses shall not exceed ten percent of the total
4 26 dollar amount of federal aid highway construction
4 27 contracts let by the department and federal aid
4 28 transit dollars administered by the department. The
4 29 director may estimate the set=aside amount at the
4 30 beginning of each fiscal year and a suit shall not be
4 31 brought by any party as a result of this estimate.
4 32 Set=aside contracts will be awarded to the lowest
4 33 responsible prequalified disadvantaged business
4 34 enterprise small business. This section shall not be
4 35 construed as limiting the department's right to refuse
4 36 any or all disadvantaged business enterprise small
4 37 business bids.
4 38 Sec. 4. PARTICIPATIONS GOALS == SMALL BUSINESSES
4 39 AND DISADVANTAGED BUSINESS ENTERPRISES.
4 40 1. The department of transportation, in
4 41 cooperation with organizations that represent highway
4 42 contractors, shall submit recommendations to the
4 43 general assembly and the governor by November 1, 2009,
4 44 concerning methods to track and assess the
4 45 participation of small businesses and disadvantaged
4 46 business enterprises in receiving nonfederal highway
4 47 funding. The recommendations may include methods to
4 48 assess the effort on the part of contractors to
4 49 achieve participation by small businesses and
4 50 disadvantaged business enterprises and may involve the
5 1 establishment of participation goals. Following the
5 2 consideration and adoption of recommendations by the
5 3 general assembly, the department shall annually review
5 4 the small business and disadvantaged business
5 5 enterprise participation achievements of contractors
5 6 who were awarded contracts for nonfederal aid highway
5 7 projects with the department.
5 8 2. The department shall work in cooperation with
5 9 organizations that represent highway contractors,
5 10 small businesses, and disadvantaged business
5 11 enterprises to maintain communication among the
5 12 entities to further the dissemination of information
5 13 about contract and training resources that are
5 14 available from the department.>
5 15 #2. Title page, by striking lines 1 through 3 and
5 16 inserting the following: <An Act relating to small
5 17 business and disadvantaged business enterprise
5 18 contracts with the department of transportation.>
5 19 #3. By renumbering as necessary.
5 20
5 21
5 22
5 23 COMMITTEE ON TRANSPORTATION
5 24 QUIRK of Chickasaw, Chairperson
5 25 HF 783.502 83
5 26 ak/nh/12508
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