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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