1 HB172
2 209240-2
3 By Representatives Drummond and Garrett
4 RFD: State Government
5 First Read: 02-FEB-21
6 PFD: 01/28/2021
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1
2 ENROLLED, An Act,
3 Relating to the purchase of supplies and services by
4 state government; to add Section 41-4-177.10 to the Code of
5 Alabama 1975, to provide for the collection of data relating
6 to certain businesses in the state; to authorize the Secretary
7 of State to adopt rules; and to provide for a contingent
8 effective date.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Section 41-4-177.10 is added to the Code
11 of Alabama 1975, to read as follows:
12 41-4-177.10. Data Collection.
13 (a) For purposes of this section, the following
14 terms shall have the following meanings:
15 (1) MINORITY INDIVIDUAL. An individual who is a
16 citizen or lawful permanent resident of the United States, and
17 who is any of the following:
18 a. African American: An individual having origins in
19 any of the black racial groups of Africa.
20 b. Hispanic: An individual of Mexican, Puerto Rican,
21 Cuban, Central or South American, or other Spanish culture or
22 origin, regardless of race.
23 c. Asian American: An individual having origins in
24 any of the original peoples of the Far East, Southeast Asia,
25 the Indian subcontinent, or the Pacific Islands.
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1 d. Native American: An individual having origins in
2 any of the original peoples of North America.
3 (2) MINORITY-OWNED BUSINESS. A for-profit business
4 that is headquartered or has its principal place of business
5 in the state, and that is any or either of the following:
6 a. An independently owned and operated business that
7 is at least 51 percent owned or controlled by one or more
8 minority individuals, a majority of whom have their permanent
9 place of residence in the state.
10 b. A publicly owned business of which at least 51
11 percent of the stock is owned and controlled by one or more
12 minority individuals and whose daily management and operations
13 are under the control of one or more of these minority
14 individuals, a majority of whom have their permanent place of
15 residence in the state.
16 (3) SMALL BUSINESS. A for-profit business that is
17 headquartered or has its principal place of business in the
18 state; that is independently owned and operated; and that
19 employs no more than 50 individuals on a full-time basis, a
20 majority of whom have their permanent place of residence in
21 the state.
22 (4) SMALL OR DISADVANTAGED BUSINESS. A small
23 business, a minority-owned business, or a woman-owned business
24 that is licensed to do business in the state.
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1 (5) WOMAN-OWNED BUSINESS. A for-profit business that
2 is headquartered or has its principal place of business in the
3 state, and that is any or either of the following:
4 a. An independently owned and operated business that
5 is at least 51 percent owned or controlled by one or more
6 women, a majority of whom have their permanent place of
7 residence in the state.
8 b. A publicly owned business of which daily
9 management and operations are under the control of a woman or
10 group of women, a majority of whom have their permanent place
11 of residence in the state, and who own and control at least 51
12 percent of the stock of the business or an equivalent
13 ownership stake.
14 (b) The Chief Procurement Officer shall make
15 reasonable efforts to do all of the following:
16 (1) Obtain, from the Secretary of State, the
17 Department of Labor, and other available sources, information
18 regarding the small and disadvantaged businesses operating in
19 the state, and maintain a database of the information
20 received.
21 (2) Identify and record the goods or services that
22 may reasonably be purchased by the state from the small or
23 disadvantaged businesses operating in the state.
24 (3) Determine what proportion of procurement
25 contracts under this article are awarded to the small and
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1 disadvantaged businesses in the state based upon the records
2 and information obtained by the Chief Procurement Officer.
3 (c)(1) The Chief Procurement Officer, by the end of
4 February of each year, shall provide to the Contract Review
5 Permanent Legislative Oversight Committee a summary of the
6 information and data gathered under this section.
7 (2) The Chief Procurement Officer and the Secretary
8 of State, upon request, shall provide data collected and
9 maintained under this section to the Legislative Services
10 Agency.
11 Section 2. The Secretary of State shall adopt rules
12 or establish internal office procedures to implement the
13 Office of the Secretary of State's responsibilities under this
14 act, which shall include reasonable efforts to identify small
15 or disadvantaged businesses authorized by the Secretary of
16 State to do business within the state and the reporting of
17 that data and information to the Chief Procurement Officer no
18 less than annually by January 31 of each year.
19 Section 3. The provisions of this act are severable.
20 If any part of this act is declared invalid or
21 unconstitutional, that declaration shall not affect the part
22 which remains.
23 Section 4. This act shall become effective
24 immediately following its passage and approval by the
25 Governor, or its otherwise becoming law, contingent upon the
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1 enactment of SB ____ of the 2021 Regular Session, creating the
2 Office of Chief Procurement Officer.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 09-MAR-21.
10
11 Jeff Woodard
12 Clerk
13
14
15
16 Senate 06-APR-21 Passed
17
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