H. B. 3328
(By Delegate Campbell)
[Introduced March 23, 2009; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-59, relating to
small, women and minority-owned businesses
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3-59, to read as
follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-59. Small, women and minority-owned businesses.
(a) As used in this section:
(1) "Minority individual" means an individual who is a citizen
of the United States or a noncitizen who is in full compliance with
United States immigration law and who satisfies one or more of the
following definitions:
(A) "African American" means a person having origins in any of the original peoples of Africa and who is regarded as such by the
community of which this person claims to be a part.
(B) "Asian American" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands, including, but not limited to
Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern
Mariana, the Philippines, a U.S. territory of the Pacific, India,
Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by
the community of which this person claims to be a part.
(C) "Hispanic American" means a person having origins in any
of the Spanish-speaking peoples of Mexico, South or Central
America, or the Caribbean Islands or other Spanish or Portuguese
cultures and who is regarded as such by the community of which this
person claims to be a part.
(D) "Native American" means a person having origins in any of
the original peoples of North America and who is regarded as such
by the community of which this person claims to be a part or who is
recognized by a tribal organization.
(2) "Minority-owned business" means a business concern that is
at least fifty-one percent owned by one or more minority
individuals or in the case of a corporation, partnership, or
limited liability company or other entity, at least fifty-one
percent of the equity ownership interest in the corporation,
partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and
daily business operations are controlled by one or more minority
individuals.
(3) "Small business" means a business, independently owned or
operated by one or more persons who are citizens of the United
States or noncitizens who are in full compliance with United States
immigration law, which, together with affiliates, has two hundred
fifty or fewer employees, or average annual gross receipts of $10
million or less averaged over the previous three years.
(4) "State agency" means any authority, board, department,
instrumentality, institution, agency, or other unit of state
government. "State agency" shall not include any county, city, or
town.
(5) "Women-owned business" means a business concern that is at
least fifty-one percent owned by one or more women who are citizens
of the United States or noncitizens who are in full compliance with
United States immigration law, or in the case of a corporation,
partnership, or limited liability company or other entity, at least
fifty-one percent of the equity ownership interest is owned by one
or more women who are citizens of the United States or noncitizens
who are in full compliance with United States immigration law, and
both the management and daily business operations are controlled by
one or more women who are citizens of the United States or
noncitizens who are in full compliance with United States immigration law.
(b) In the solicitation or awarding of contracts, no director
or any state department shall discriminate against a bidder or
offeror because of race, religion, color, sex, national origin,
age, disability, or any other basis prohibited by state law
relating to discrimination in employment. Whenever solicitations
are made, each public body shall include businesses selected from
a list made available by the Department of Administration.
(c) Any director or any state department shall establish
programs consistent with this chapter to facilitate the
participation of small businesses and businesses owned by women,
and minorities in procurement transactions. The programs
established shall be in writing and shall include specific plans to
achieve any goals established therein. State agencies shall submit
annual progress reports on small, women and minority-owned business
procurement to the Department of Administration in a form specified
by the Department of Administration.
(d) The Department of Administration shall propose rules, for
legislative promulgation pursuant to article three, chapter twenty-
nine-a, to implement certification programs for small, women and
minority-owned businesses. These certification programs shall deny
certification to vendors from states that deny like certifications
to West Virginia-based small, women or minority-owned businesses or
that provide a preference for small, women or minority-owned businesses based in that state that is not available to West
Virginia-based businesses. The rules shall:
(1) Establish minimum requirements for certification of small,
women and minority-owned businesses;
(2) Provide a process for evaluating existing local, state,
private sector, and federal certification programs that meet the
minimum requirements; and
(3) Mandate certification, without any additional paperwork or
fee, of any prospective state vendor that has obtained
certification under any certification program that is determined to
meet the minimum requirements established in the regulations.
NOTE: The purpose of this bill is to create reciprocity for
West Virginia small, women and minority-owned businesses who
receive such preferences in other states.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.