HOUSE BILL No. 6499


     November 7, 2002, Introduced by Reps. Bernero, Waters and Spade and referred to the Committee on House Oversight and
Operations.


        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:

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                                      TITLE

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             An act to provide  competitive opportunity in  FOR state

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        procurements of goods, services, and construction for businesses

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        owned by persons with disabilities; to provide powers and duties

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        of the governor; to prescribe powers and duties of certain state

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        departments and agencies; and to provide penalties.

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

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        EACH DEPARTMENT SHALL award each year not less than 3% of its

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        total expenditures for construction, goods, and services, less




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        expenditures to sole source vendors, to businesses owned by

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        persons with disabilities.

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

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        act  BY MARCH 30 OF 2004 AND EVERY FIFTH YEAR THEREAFTER, the

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        department of management and budget shall review the  progress of

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        the departments in meeting the 3% goal  PERCENTAGE REQUIREMENT IN

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        SUBSECTION (1) with input from the business community, including

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        businesses owned by persons with disabilities, and shall make

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        recommendations to the legislature regarding continuation,

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        increases or decreases in the percentage  goal  REQUIREMENT.  The

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        recommendations shall be based upon the number of businesses

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        which are owned by persons with disabilities and on the continued

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        need to encourage and promote businesses owned by persons with

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        disabilities.

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

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

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        year to businesses owned by persons with disabilities not less

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        than 150% of the actual expenditures it awarded to businesses

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        owned by persons with disabilities in the preceding year until

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        not less than 3% of total expenditures is achieved as provided in

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        subsection (1).

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             (3)  (4)  To assist in reaching the  goals set in subsec-

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        tions (1) and (3)  PERCENTAGE REQUIREMENT IN SUBSECTION (1), the

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        governor shall recommend to the legislature changes in programs

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        to assist businesses owned by persons with disabilities.

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

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        subsections (1) and (3)  PERCENTAGE REQUIREMENT IN



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        SUBSECTION (1), each department shall include provisions for the

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        consideration of subcontracts and joint ventures.  The provisions

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        shall require a bidder to indicate the extent of participation of

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        a business owned by persons with disabilities.

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

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        participation of a business owned by persons with disabilities

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        shall be considered in meeting the requirements of  subsections

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        (1) and (3)  SUBSECTION (1).

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

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        bidders for any contract for construction, goods, or services do

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        not include a qualified business owned by persons with disabili-

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        ties, the contract shall be awarded to the lowest bidder quali-

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        fied to perform the contract.































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