Senate Bill 2746

AN ACT TO REQUIRE STATE AGENCIES TO FILE WITH THE MISSISSIPPI DEVELOPMENT AUTHORITY COPIES OF ALL THE CONTRACTS THAT THEY HAVE ENTERED INTO WITH ANY SMALL BUSINESS OR MINORITY BUSINESS FOR THE PROCUREMENT OF GOODS OR SERVICES FOR THE PREVIOUS FISCAL YEAR; TO REQUIRE CERTAIN OTHER INFORMATION TO BE FILED WITH SUCH CONTRACTS; TO REQUIRE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO UTILIZE SUCH INFORMATION TO PREPARE A REPORT DETAILING THE PARTICIPATION OF SMALL BUSINESSES AND MINORITY BUSINESSES IN STATE CONTRACTS FOR SUCH FISCAL YEAR; TO REQUIRE COPIES OF SUCH REPORT TO BE FILED WITH THE LEGISLATURE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Small business" means any commercial enterprise with less than one hundred (100) full-time employees, less than Two Million Dollars ($2,000,000.00) in net worth or less than Three Hundred Fifty Thousand Dollars ($350,000.00) in net annual profit after taxes.

(b) "Minority business" means a business which is owned by a majority of persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions:

(i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

(ii) "Black" means persons having origins in any black racial group of Africa.

(iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.

(iv) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts.

(d) "State agency" means any board, commission, department or other agency or authority of the State of Mississippi.

(2) On or before July 15 of each year, every state agency shall file with the MDA copies of all the contracts that it has entered into with any small business or minority business for the procurement of goods or services for the previous fiscal year. The copies required to be filed with the MDA shall include, but not be limited to, copies of contracts for professional or other services, construction contracts and subcontracts and contracts for the purchase of commodities. In addition, each state agency shall file with the MDA a statement of the total value of the contracts that it entered into with small or minority businesses during the previous fiscal year and the percentage that those contracts represent of all contracts entered into by the state agency. The state agency shall file with the contracts and statements such other information as the MDA may require.

(3) The MDA shall utilize the information required to be filed under subsection (2) of this section to prepare a report detailing the participation in state contracts by minority and small businesses for the previous fiscal year. The MDA shall file a copy of the report with the Secretary of the Senate and the Clerk of the House of Representatives by not later than December 31 of each year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.