GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 2263*

Short Title:  Participation Reports.	(Public)
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Sponsors: Representatives Hardaway; Buchanan, Cunningham, Tallent, H. Hunter, Kennedy, and Bowman.
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Referred to:  Government.
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June 1, 1990

A BILL TO BE ENTITLED
AN ACT TO REQUIRE REPORTING TO THE DEPARTMENT OF ADMINISTRATION OF PARTICIPATION BY DISADVANTAGED BUSINESSES IN PUBLIC PROCUREMENT CONTRACTS AND TO REQUIRE THE DEPARTMENT TO COLLECT, COMPILE, AND REPORT THE DATA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-48 reads as rewritten:
"§ 143-48. State policy; cooperation in promoting the use of small, minority, physically handicapped and women contractors; purpose ; required annual reports.
(a)	It is the policy of this State to encourage and promote the use of small, minority, physically handicapped and women contractors in State purchasing of goods and services. All State agencies, institutions and political subdivisions shall cooperate with the Department of Administration and all other State agencies, institutions and political subdivisions in efforts to encourage the use of small, minority, physically handicapped and women contractors in achieving the purpose of this Article, which is to provide for the effective and economical acquisition, management and disposition of goods and services by and through the Department of Administration.
(b)	Every governmental entity required by statute to use the services of the Department of Administration in the purchase of goods and services shall report to the Department of Administration annually on what percentage of its contract purchases of goods and services, through term contracts and open-market contracts, were from minority-owned businesses, what percentage from female-owned businesses, and what percentage from disabled-owned businesses. The same governmental entities shall include in their reports what percentages of the contract bids for such purchases were from such businesses. The Department of Administration shall provide instructions to the reporting entities concerning the manner of reporting and the definitions of the businesses referred to in this act, provided that, for the purposes of this act:
(1)	A business in one of the categories above means one:
a.	In which at least fifty-one percent (51%) of the business, or of the stock in the case of a corporation, is owned by one or more persons in the category; and
b.	Of which the management and daily business operations are controlled by one or more persons in the category who own it; and  
(2)	A female or a disabled person is not a minority, unless the female or disabled person is also a member of one of the minority groups described in G.S. 143-128(c)(2)a through d; and
(3)	A disabled person means a ‘handicapped person' as defined in G.S. 168A-3(4).
The Department of Administration shall collect and compile the data described in this section and report it annually to the General Assembly.”
Sec. 2. The Department of Administration shall include in its report to the General Assembly in 1991 any data on participation by businesses described in this section that has been reported to it from governmental entities during previous years but that the Department has never reported to a standing committee of the General Assembly.  
Sec. 3. The Department shall use any moneys available to it that are necessary to implement this act.
Sec. 4. This act shall become effective July 1, 1990.