SB0245: BEP-GOOD FAITH EFFORT

Legislative Summary

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Business Enterprise Program shall (rather than may) establish uniform standards for calculating contract specific Business Enterprise Program goals for all State contracts and State construction contracts subject to the Act. Provides that no State agency or public institution of higher education shall maintain a policy of establishing contract specific goals for the participation of certified vendors that is inconsistent with or less stringent than the uniform standards for calculating contract specific goals established by the Business Enterprise Program. Requires each State agency and public institution of higher education that is subject to the requirements of the Act, on an annual basis, to submit a report to the Business Enterprise Council detailing its plan to meet the aspirational contract goals established under the Act and established for that agency, institution, or department. Requires the Secretary of the Business Enterprise Council to establish an enforcement procedure whereby the Council may recommend to the appropriate State legal officer that the State exercise its legal remedies which shall include, among other things, the imposition of certain damages (rather than a specified penalties). Provides that the Business Enterprise Council may (rather than shall) grant a waiver of contract-specific Business Enterprise Program goals. Sets out factors that the Business Enterprise Program is to consider when developing procedures for determining whether a vendor has made good faith efforts to meet the contract goals.