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. 1 285.6. "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 FORDISADVANTAGED 3 14 BUSINESS ENTERPRISESSMALL BUSINESSES. 3 151. Definitions. As used in this section:3 16a. "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 25b. "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 28c. "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 10d. "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.4 182. Set=aside.Notwithstanding section 314.1, 4 19 there may be set aside contracts for bidding by 4 20 prequalifieddisadvantaged business enterprisessmall 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 prequalifieddisadvantaged business enterprisessmall 4 25 businesses shall not exceed ten percent of the total 4 26 dollar amount offederal aidhighway construction 4 27 contracts let by the department andfederal aid4 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 prequalifieddisadvantaged business 4 34 enterprisesmall business. This section shall not be 4 35 construed as limiting the department's right to refuse 4 36 any or alldisadvantaged business enterprisesmall 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 -1-