7-88-116 - Involvement of minority owned business. - Tennessee Statutes

7-88-116. Involvement of minority owned business.

(a)  For the purposes of this section, unless the context otherwise requires:

     (1)  “Covered qualified public use facility” means a qualified public use facility that elects to qualify as a qualified public use facility under § 7-88-103(7)(A)(ii) or (7)(A)(iii). “Covered qualified public use facility” also means a qualified public use facility created after January 1, 2007, in any county that does not have a metropolitan form of government;

     (2)  “Local government” means a municipality that creates a tourism development zone for the benefit of a covered qualified public use facility;

     (3)  “Minority-owned business” means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of the business and who is impeded from normal entry into the economic mainstream because of:

          (A)  Past practices of discrimination based on race, religion, ethnic background, or sex;

          (B)  A disability as defined in § 4-26-102; or

          (C)  Past practices of racial discrimination against African Americans;

     (4)  “Minority-owned business participation plan” means a business plan for actively soliciting bids from minority-owned businesses when a municipality or public authority proposes to finance, construct, lease, equip, renovate or acquire a qualified public use facility within a tourism development zone. Any such plan shall strive to maximize participation of minority-owned businesses through both prime and second tier business contracting opportunities throughout the tourism development zone and shall strive to achieve a level of minority-owned business participation representative of the population demographics of the county in which the tourism development zone is located; and

     (5)  “Person” means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.

(b)  Any person, in soliciting bids for the construction of a covered qualified public use facility in a tourist development zone within the territory of a local government and receiving any benefit, directly or indirectly, from public financing pursuant to Acts 2007, ch. 524, shall actively solicit bids from minority-owned businesses. Such person shall strive to maximize participation of minority-owned businesses through both prime and second tier business contracting opportunities.

(c)  (1)  The local government shall monitor the results of minority-owned business participation. The local government shall periodically investigate to ascertain whether minority-owned business participation is being achieved at a level contemplated pursuant to subsection (b) and shall report the information to the comptroller of the treasury in the manner proscribed in subdivision (c)(2).

     (2)  The local government shall prepare and submit an annual report entitled “The Conference and Convention Center Facilities Compliance Report,” which shall be submitted to the comptroller of the treasury. The report shall include:

          (A)  Data on the race, religion, ethnic background and sex of each person employed in the construction of a covered qualified public use facility that is located within the territory of the local government and that receives any benefit, directly or indirectly, from public financing pursuant to the provisions Acts 2007, ch. 524;

          (B)  Data on the actual expenditures to minority-owned businesses employed in the construction of any such qualified public use facility; and

          (C)  Data summarizing the findings of all periodic investigations conducted in accordance with subdivision (c)(1).

     (3)  The comptroller of the treasury shall, upon receipt of the report from the local government, transmit a synopsis of the report to the chairs and membership of the state and local government committees of the senate and the house of representatives.

(d)  (1)  Notwithstanding § 7-88-108(a) or any other law to the contrary, to be entitled to receive the allocations of state and local sales and use taxes as provided in this chapter, a municipality or public authority must first file with the department of finance and administration an application seeking certification of the tourism development zone and the planned public use facility as a qualified public use facility. The application shall include a master development plan for the proposed tourism development zone, containing such information as may be reasonably required by the department, and a minority-owned business participation plan for the tourism development zone. No application shall be approved by the department that fails to include a master development plan or a minority owned business participation plan. A master development plan shall be approved by the legislative body of the municipality creating the tourism development zone and the plan shall take into consideration any historic site, structure, or object listed on the national register of historic places. The department shall review the application to confirm that:

          (A)  The planned public use facility is qualified under the requirements of this chapter;

          (B)  The planned public use facility will be located within a qualified tourism development zone; and

          (C)  The minority-owned business participation plan includes the following information:

                (i)  The proposal for purchasing goods and services from minority-owned businesses;

                (ii)  Information on programs to provide technical assistance to such businesses;

                (iii)  A statement of intent to make a concerted effort to follow its minority-owned business participation plan; and

                (iv)  Any other information deemed relevant in the discretion of the commissioner.

     (2)  Notwithstanding any provision of this chapter to the contrary, the department of finance and administration shall annually review each municipality or public authority receiving an allocation pursuant to the provisions of this chapter for compliance with the municipality's or public authority's minority owned business participation plan.

     (3)  This subsection (d) shall only apply to any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census.

[Acts 2007, ch. 524, § 6; 2007, ch. 593, §§ 6, 7]