SENATE CONCURRENT RESOLUTION NO. 22

(By Senators Hunter, Weeks, Unger, Jenkins and Foster)
Requesting the Joint Committee on Government and Finance study the participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts.

Whereas, During the 2004 Regular Session, the Legislature adopted House Concurrent Resolution No. 25 which recognized, in part, that business ownership among racial and ethnic minorities in this state appears to be proportionately less than minority business ownership nationwide and recommended that the state take steps to encourage minority small business development, including reviewing state procurement policies and practices; and
Whereas, The state has no established program to encourage effective and meaningful participation of African-Americans and other minorities in the process of competing for and awarding state contracts for goods and services; and
Whereas, The West Virginia Department of Transportation is required by federal law to develop and have in place a program to certify "disadvantaged business enterprises" as a means of fostering equal opportunity for small businesses owned and controlled by socially and economically disadvantaged individuals with regard to federally funded Department-assisted contracts in state highway and transit programs; and
Whereas, The federal Small Business Administration has in place programs to encourage participation in the procurement of federal government contracts by small businesses owned and controlled by socially and economically disadvantaged individuals, including racial and ethnic minorities and women; and
Whereas, It appears that the state should have programs similar to those administered by the federal Small Business Administration; and
Whereas, It is in the interest of this state to encourage successful development of small minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts ; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the feasibility of developing a program similar to the programs operated by the federal Small Business Administration to encourage minority small business participation in competing for and obtaining state contracts; and, be it
Further Resolved, That any study should include, at a minimum, a review of the disadvantaged business programs of the federal Small Business Administration and any other similar programs; a review of how state government contracts are awarded; and consideration of how to develop goals for awards of contracts to disadvantaged businesses and provide for reports on the meeting of such goals by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.