Reference is to Printer's Date 2/6/11-H.
Amend the bill, as and if amended, Section 1-30-125, as contained in SECTION 3, page 2, line 14, by deleting / (11) Small and Minority Business as established by Section 11-35-5270; /.
Amend the bill further by adding an appropriately numbered SECTION in Part V to read:
/ SECTION ___. (A)
Effective July 1, 2011, the duties,
functions, responsibilities, personnel, funding, and physical
assets of the Small and Minority Business Assistance Office
created by Section 11-35-5270 and located within the Governor's
Office of Executive Policy and Programs are transferred to the
Office of the Secretary of State.
(B)(1) Section
11-35-5260 of the 1976 Code is amended to read:
"Section 11-35-5260.
The Small and Minority Business Assistance Office shall
report annually in writing to the Governor
Secretary of State concerning the number and dollar value
of contracts awarded for each governmental body to a firm
certified as a minority firm pursuant to Section 11-35-5230
during the preceding fiscal year. These records must be
maintained to evaluate the progress of this program."
(2)
Section 11-35-5270 of the 1976 Code is amended to
read:
'Section 11-35-5270. A
Small and Minority Business Assistance Office (SMBAO)
shall must be established to assist the
board Secretary of state and the
Department of Revenue in carrying out the intent of this
article. The responsibilities of the office
shall include, but are not
be limited to, the following:
(1)
Assist assisting the chief
procurement officers and governmental bodies in developing
policies and procedures which will facilitate awarding contracts
to small and minority firms;
(2)
Assist assisting the chief
procurement officers in aiding small and minority-owned firms
and community-based business in developing organizations to
provide technical assistance to minority firms;
(3)
Assist assisting with the
procurement and management training for small and minority firm
owners;
(4)
Assist assisting in the
identification of responsive small and minority firms;
(5) Receive and
process receiving and processing applications to
be registered as a minority firm in accordance with Section
11-35-5230(B);
(6) The SMBAO
may revoke revoking the certification of any
firm which that has been found to have
engaged in any of the following:
(a)
fraud or deceit in obtaining the certification;
(b)
furnishing of substantially inaccurate or incomplete
information concerning ownership or financial status;
(c)
failure to report changes which affect the requirements
for certification;
(d)
gross negligence, incompetence, financial
irresponsibility, or misconduct in the practice of his business;
or
(e)
wilful violation of any provision of this article.
(7) After a period of
one year, the SMBAO may reissue a certificate of eligibility
provided acceptable evidence has been presented to the
commission that the conditions which caused the revocation have
been corrected."
(C) Where the
provisions of this act abolish the Small and Minority Business
Assistance Office as a separate division in the executive branch
of state government and reconstitute it as a division of the
Office of the Secretary of State, the employees, authorized
appropriations, and assets and liabilities of the Small and
Minority Business Assistance Office are also transferred to and
become part of the Office of the Secretary of State. All
classified or unclassified personnel employed by the Small and
Minority Business Assistance Office on the effective date of
this act, either by contract or by employment at will, become
employees of the Office of the Secretary of State with the same
compensation, classification, and grade level, as
applicable.
(D) The Code
Commissioner is directed to change or correct all references to
the Small and Minority business Assistance Office, Governor's
Office of Executive Policy and Programs, to reflect its status
as a division of the Department of Social Services. /
Renumber sections to conform.
Amend title to conform.