March 10, 2005, Introduced by Senators BERNERO and TOY and referred to the Committee on Local, Urban and State Affairs.
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
Not less than twice 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), not less than twice each year, each department shall report to
each house of the legislature on all of the following for the
immediately preceding 6-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.