7-88-112 - Bidding for construction of conference or convention facilities.

7-88-112. Bidding for construction of conference or convention facilities.

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

     (1)  “Metropolitan government” means a county having a metropolitan form of government which has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;

     (2)  “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; and

     (3)  “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 any conference or convention center facilities located in a secondary tourist development zone within the territory of a metropolitan government and receiving any benefit, directly or indirectly, from public financing pursuant to Acts 2007, ch. 461, shall actively solicit bids from minority owned businesses. A person shall strive to maximize participation of minority owned businesses through both prime and second tier business contracting opportunities.

(c)  (1)  The metropolitan government shall monitor the results of minority owned business participation. The 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 metropolitan 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 any conference or convention center facilities located in a secondary tourist development zone within the territory of a metropolitan government and receiving any benefit, directly or indirectly, from public financing pursuant to Acts 2007, ch. 461;

          (B)  Data on the actual expenditures to minority owned businesses employed in the construction of any conference or convention center facilities located in a secondary tourist development zone within the territory of a metropolitan government and receiving any benefit, directly or indirectly, from public financing pursuant to Acts 2007, ch. 461; 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 metropolitan 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.

[Acts 2007, ch. 461, § 16.]