37.020. Definitions--socially and economically disadvantaged small business concerns--plan to increase and maintain participation--study--oversight review committee, members.

MISSOURI STATUTES AND CODES

37.020. Definitions--socially and economically disadvantaged small business concerns--plan to increase and maintain participation--study--oversight review committee, members.

Definitions--socially and economically disadvantaged small businessconcerns--plan to increase and maintainparticipation--study--oversight review committee, members.

37.020. 1. As used in this section, the following wordsand phrases mean:

(1) "Certification", the determination, through whateverprocedure is used by the office of administration, that a legalentity is a socially and economically disadvantaged smallbusiness concern for purposes of this section;

(2) "Department", the office of administration and anypublic institution of higher learning in the state of Missouri;

(3) "Minority business enterprise", a business that is:

(a) A sole proprietorship owned and controlled by aminority;

(b) A partnership or joint venture owned and controlled byminorities in which at least fifty-one percent of the ownershipinterest is held by minorities and the management and dailybusiness operations of which are controlled by one or more ofthe minorities who own it; or

(c) A corporation or other entity whose management anddaily business operations are controlled by one or moreminorities who own it, and which is at least fifty-one percentowned by one or more minorities, or if stock is issued, at leastfifty-one percent of the stock is owned by one or moreminorities;

(4) "Socially and economically disadvantaged individuals",individuals, regardless of gender, who have been subjected toracial, ethnic, or sexual prejudice or cultural bias because oftheir identity as a member of a group without regard to theirindividual qualities and whose ability to compete in the freeenterprise system has been impaired due to diminished capitaland credit opportunities as compared to others in the samebusiness area. In determining the degree of diminished creditand capital opportunities the office of administration shallconsider, but not be limited to, the assets and net worth ofsuch individual;

(5) "Socially and economically disadvantaged small businessconcern", any small business concern:

(a) Which is at least fifty-one percentum owned by one ormore socially and economically disadvantaged individuals; or, inthe case of any publicly owned business, at least fifty-onepercentum of the stock of which is owned by one or more sociallyand economically disadvantaged individuals; and

(b) Whose management and daily business operations arecontrolled by one or more of such individuals;

(6) "Women's business enterprise", a business that is:

(a) A sole proprietorship owned and controlled by a woman;

(b) A partnership or joint venture owned and controlled bywomen in which at least fifty-one percent of the ownershipinterest is held by women and the management and daily businessoperations of which are controlled by one or more of the womenwho own it; or

(c) A corporation or other entity whose management anddaily business operations are controlled by one or more womenwho own it, and which is at least fifty-one percent owned bywomen, or if stock is issued, at least fifty-one percent of thestock is owned by one or more women.

2. The office of administration, in consultation with eachdepartment, shall establish and implement a plan to increase andmaintain the participation of certified socially andeconomically disadvantaged small business concerns or minoritybusiness enterprises, directly or indirectly, in contracts forsupplies, services, and construction contracts, consistent withgoals determined after an appropriate study conducted todetermine the availability of socially and economicallydisadvantaged small business concerns and minority businessenterprises in the marketplace. Such study shall be completedby December 31, 1991. The commissioner of administration shallappoint an oversight review committee to oversee and review theresults of such study. The committee shall be composed of ninemembers, four of whom shall be members of business, three ofwhom shall be from staff of selected departments, one of whomshall be a member of the house of representatives, and one ofwhom shall be a member of the senate.

3. The goals to be pursued by each department under theprovisions of this section shall be construed to overlap withthose imposed by federal law or regulation, if any, shall runconcurrently therewith and shall be in addition to the amountrequired by federal law only to the extent the percentage set bythis section exceeds those required by federal law orregulations.