June 10, 2003, Introduced by Senators BERNERO, JACOBS, CLARK-COLEMAN, TOY, HAMMERSTROM, BRATER, CLARKE, LELAND, SCOTT, THOMAS and SCHAUER 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 the title and section 3 (MCL 450.793), as amended by
1998 PA 73.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An
act to provide competitive opportunity in for state
3 procurements of goods, services, and construction for businesses
4 owned by persons with disabilities; to provide powers and duties
5 of the governor; to prescribe powers and duties of certain state
6 departments and agencies; and to provide penalties.
7 Sec. 3. (1) It
shall be the goal of each department to
8 Each department shall award each year not less than 3% of its
9 total expenditures for construction, goods, and services, less
10 expenditures to sole source vendors, to businesses owned by
1 persons with disabilities.
2 (2) At 5-year
intervals from the effective date of this act
3 By March 30 of 2004 and every fifth year thereafter, the
4 department of management
and budget shall review the progress of
5 the departments in
meeting the 3% goal percentage
requirement in
6 subsection (1) with input from the business community, including
7 businesses owned by persons with disabilities, and shall make
8 recommendations to the legislature regarding continuation,
9 increases, or
decreases in the percentage goal requirement.
10 The recommendations shall be based upon the number of businesses
11 which that are owned by persons with disabilities
and on the
12 continued need to encourage and promote businesses owned by
13 persons with disabilities.
14 (3) It shall be
the goal of each department or agency that
15 does not meet the goal
provided in subsection (1) to award each
16 year to businesses
owned by persons with disabilities not less
17 than 150% of the
actual expenditures it awarded to businesses
18 owned by persons with
disabilities in the preceding year until
19 not less than 3% of
total expenditures is achieved as provided in
20 subsection (1).
21 (3) (4) To
assist in reaching the goals set in subsections
22 (1) and (3) percentage requirement in subsection (1), the
23 governor shall recommend to the legislature changes in programs
24 to assist businesses owned by persons with disabilities.
25 (4) (5) To
assist in meeting the goals set forth in
26 subsections (1) and
(3) percentage requirement in
27 subsection (1), each department shall include provisions for the
1 consideration of subcontracts and joint ventures. The provisions
2 shall require a bidder to indicate the extent of participation of
3 a business owned by persons with disabilities.
4 (5) (6) Only
the portion of a prime contract that reflects
5 participation of a business owned by persons with disabilities
6 shall be considered in
meeting the requirements of subsections
7 (1) and (3) subsection (1).
8 (6) (7) Except
as otherwise provided by statute, if the
9 bidders for any contract for construction, goods, or services do
10 not include a qualified business owned by persons with
11 disabilities, the contract shall be awarded to the lowest bidder
12 qualified to perform the contract.