BUSINESS ENTERPRISE ACT

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning the uniform standard of contract goals. Provides that the Secretary of the Business Enterprise Council for Minorities, Women, and Persons with Disabilities shall have the duty 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 legal remedies, the imposition of a penalty in the amount of the discrepancy between the commitment contained in a utilization plan, as such amount may be amended over the term of the contract, and the qualifying payments made to the eligible certified vendors listed in the utilization plan. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Council may (rather than shall) grant a waiver when the contractor demonstrates that there has been a good faith effort to comply with the goals for participation by businesses owned by minorities, women, and persons with disabilities. Makes conforming and other changes.

• Sonya M. HarperD
• Yolonda MorrisD