SB-0302, As Passed House, June 23, 2005

SUBSTITUTE FOR

SENATE BILL NO. 302

     A bill to amend 1988 PA 112, entitled

"The business opportunity act for persons with disabilities,"

by amending section 3 (MCL 450.793), as amended by 1998 PA 73.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) It shall be the goal of each department to award

each year not less than 3% of its total expenditures for

construction, goods, and services, less expenditures to sole source

vendors, to businesses owned by persons with disabilities.

     (2)  At 5-year intervals from the effective date of this act

Each year, the department of management and budget shall review the

progress of the departments in meeting the 3% goal with input from

the business community, including businesses owned by persons with

disabilities, and shall make recommendations to each house of the

legislature regarding continuation, increases or decreases in the

percentage goal. The recommendations shall be based upon the number

of businesses  which that are owned by persons with disabilities

and on the continued need to encourage and promote businesses owned

by persons with disabilities. The department of management and

budget may combine the recommendations described in this subsection

with the report required under subsection (8).

     (3) It shall be the goal of each department or agency that

does not meet the goal provided in subsection (1) to award each

year to businesses owned by persons with disabilities not less than

150% of the actual expenditures it awarded to businesses owned by

persons with disabilities in the preceding year until not less than

3% of total expenditures is achieved as provided in subsection (1).

     (4) To assist in reaching the goals set in subsections (1) and

(3), the governor shall recommend to the legislature changes in

programs to assist businesses owned by persons with disabilities.

     (5) To assist in meeting the goals set forth in subsections

(1) and (3), each department shall include provisions for the

consideration of subcontracts and joint ventures. The provisions

shall require a bidder to indicate the extent of participation of a

business owned by persons with disabilities.

     (6) Only the portion of a prime contract that reflects

participation of a business owned by persons with disabilities

shall be considered in meeting the requirements of subsections (1)

and (3).

     (7) Except as otherwise provided by statute, if the bidders

for any contract for construction, goods, or services do not

include a qualified business owned by persons with disabilities,

the contract shall be awarded to the lowest bidder qualified to

perform the contract.

     (8) In addition to the recommendations described in subsection

(2), each year each department shall report to each house of the

legislature on all of the following for the immediately preceding

12-month period:

     (a) The number of businesses owned by persons with

disabilities who submitted a bid for a state procurement contract.

     (b) The number of businesses owned by persons with

disabilities who entered into procurement contracts with this state

and the total value of those procurement contracts.

     (c) Whether the department achieved the goal described in this

subsection.

     <<Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 303 of the 93rd Legislature is enacted into law.>>