SB 73 - State Contracts - minority owned business participation
Georgia Senate - 1995/1996 Sessions
SB 73 - State Contracts - minority owned business participation
Page Numbers - 1/ 2/ 3/ 4
1. Abernathy 38th 2. Johnson 2nd 3. Scott 36th
Senate Comm: SLGO-G / House Comm: SPCA /
Senate Vote: Yeas 32 Nays 16
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Senate Action House
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1/12/95 Read 1st time 2/3/95
1/31/95 Favorably Reported
2/1/95 Read 2nd Time 2/6/95
2/3/95 Read 3rd Time
2/3/95 Passed/Adopted
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*2/3/95 Ordered immediately transmitted.
Code Sections amended: 50-29-1, 50-29-2, 50-29-3, 50-29-4, 50-29-5, 50-29-6,
50-29-7, 50-29-8
SB 73 95 LC 19 2239
SENATE BILL 73
By: Senators Abernathy of the 38th, Johnson of the 2nd,
Scott of the 36th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 50 of the Official Code of Georgia Annotated,
1- 2 relating to state government, so as to provide for minority
1- 3 owned business participation in state contracts; to provide
1- 4 for legislative findings; to provide definitions; to provide
1- 5 for statements encouraging minority participation in all bid
1- 6 documents; to provide for advertisement of procurement
1- 7 opportunities; to provide for the designation of liaison
1- 8 officers; to provide for quarterly reports; to provide for
1- 9 related matters; to repeal conflicting laws; and for other
1-10 purposes.
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-12 Title 50 of the Official Code of Georgia Annotated, relating
1-13 to state government, is amended by adding at the end thereof
1-14 a new Chapter 29 to read as follows:
"CHAPTER 29
1-15 50-29-1. (Index)
1-16 The General Assembly finds that the growth and stability
1-17 of the minority business community is critical to this
1-18 state's economic well-being and that advancements made by
1-19 the minority business community contribute to growth
1-20 opportunities that foster a healthy competitive business
1-21 climate. The General Assembly further finds that the
1-22 conclusions of the 'House Study Committee Report on
1-23 Minority Participation in State Government,' dated
1-24 November 4, 1991, document that only 2 percent of the
1-25 state's contracts are awarded to minority contractors and
1-26 that no centralized registry exists to document state
1-27 contracts awarded to minority owned businesses,
1-28 particularly in the areas of construction and professional
1-29 services. The General Assembly further finds that only
1-30 through the direct and deliberate measures implemented by
1-31 state government can the state effectively increase
S. B. 73
-1- (Index)
LC 19 2239
2- 1 participation by minority vendors in the state's
2- 2 procurement process.
2- 3 50-29-2. (Index)
2- 4 As used in this chapter, the term:
2- 5 (1) 'Minority owned business' means a business that is
2- 6 owned or controlled by one or more minority persons.
2- 7 (2) 'Owned and controlled' means a business which is:
2- 8 (A) A sole proprietorship legitimately owned by an
2- 9 individual who is a minority person;
2-10 (B) A partnership or joint venture controlled by
2-11 minority persons and in which at least 51 percent of
2-12 the beneficial ownership interests are legitimately
2-13 held by minority persons; or
2-14 (C) A corporation or other entity controlled by
2-15 minority persons and in which at least 51 percent of
2-16 the beneficial ownership interests are legitimately
2-17 held by minority persons.
2-18 (3) 'Person' means any individual, corporation,
2-19 partnership, or association.
2-20 (4) 'State contract' means any contract for the lease,
2-21 rental, purchase, or other acquisition of supplies;
2-22 materials; services, other than professional and
2-23 personal employment services; and equipment required by
2-24 state government or any contract for state government
2-25 construction or public works.
2-26 (5) 'State government' means any branch of government of
2-27 this state or any department, agency, commission,
2-28 authority, or institution of the state.
2-29 50-29-3. (Index)
2-30 All state departments, agencies, authorities, commissions,
2-31 and institutions shall implement procedures and promulgate
2-32 rules and regulations to increase bid opportunities
2-33 extended to the minority business community and to
2-34 provide direct assistance to minority owned businesses on
2-35 how the state contracting process works.
2-36 50-29-4. (Index)
2-37 (a) All bid documents issued by state government shall
2-38 include statements encouraging minority business
S. B. 73
-2- (Index)
LC 19 2239
3- 1 participation and statements encouraging majority owned
3- 2 businesses to subcontract with minority owned businesses.
3- 3 (b) All bid documents issued by state government shall
3- 4 include notification of the income tax credit that is
3- 5 available to any majority owned business that subcontracts
3- 6 with a minority owned business.
3- 7 50-29-5. (Index)
3- 8 All state departments, agencies, authorities, commissions,
3- 9 and institutions shall publicize and advertise bid
3-10 opportunities to the minority business community,
3-11 including through the use of minority owned media.
3-12 Notification of bid opportunities shall be given to
3-13 nonprofit organizations, publications, and special
3-14 interest groups whose primary membership includes or
3-15 targets minority contractors.
3-16 50-29-6. (Index)
3-17 All state departments, agencies, authorities, commissions,
3-18 and institutions shall appoint a designee to act as
3-19 liaison between such department, agency, authority,
3-20 commission, or institution and minority vendors and to
3-21 provide one-on-one assistance and ensure that bid
3-22 information is widely and appropriately disseminated. The
3-23 name, address, and telephone number of each such designee
3-24 shall be printed on all bid documents.
3-25 50-29-7. (Index)
3-26 At the end of each calendar quarter beginning July 1,
3-27 1995, each state department, agency, authority,
3-28 commission, and institution shall submit a report to the
3-29 Small and Minority Business Development Advisory Committee
3-30 outlining all information concerning bid opportunities to
3-31 minority owned businesses, awarded contracts, and any
3-32 other related information, other than information
3-33 currently reported to the Purchasing Division of the
3-34 Department of Administrative Services. Such reports shall
3-35 be submitted in the format established and furnished by
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3-37 Committee.
3-38 50-29-8. (Index)
3-39 The commissioner of the Department of Administrative
3-40 Services shall report annually to the General Assembly
3-41 information and data reported by all state agencies,
S. B. 73
-3- (Index)
LC 19 2239
4- 1 authorities, commissions, and institutions on bid
4- 2 opportunities and state contracts awarded to minority
4- 3 owned businesses."
SECTION 2.
4- 4 All laws and parts of laws in conflict with this Act are
4- 5 repealed.
S. B. 73
-4- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97