(1) The general assembly hereby finds and declares that:
Businesses owned by minorities and women are among the fastest growing in thestate but are historically underutilized in government contracts.
Securing government procurement contracts is a major determinant in the success ofbusinesses owned by minorities and women.
The owners of historically underutilized businesses can benefit from surety technicalassistance programs that help those businesses qualify for the performance bonds that are required for businesses to bid on public projects.
It is the intent of the general assembly to assist historically underutilized businessesby creating a surety technical assistance program.
In addition to the responsibilities of the director of the minority business office specified in section 24-49.5-103, the director shall establish a program to provide surety technical assistance services for the benefit of historically underutilized businesses and may contract with insurance companies, surety companies, agents, or brokers for the purpose of implementing the program.
The director of the minority business office shall compile a centralized directory ofall historically underutilized businesses that have obtained the contract performance and payment bonds required in order to be awarded a government procurement contract. The director shall ensure that the directory is accessible to governmental entities that enter into procurement contracts.
As used in this section, unless the context otherwise requires, "historically underutilized business" means an entity that qualifies as a small business pursuant to 13 CFR 121 and that is a profit-making corporation, sole proprietorship, partnership, or joint venture in which more than fifty percent of the shares of stock or other equitable securities are owned by one or more persons who are members of the following groups:
African American;
Hispanic American, including but not limited to all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
Asian American, including but not limited to persons whose origins are from Japan,China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; and subcontinent Asian American, including but not limited to persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal;
Native American, including but not limited to persons who are American Indians,Eskimos, Aleuts, or Hawaiians of Polynesian descent; or
Women, including women of any group specified in paragraphs (a) to (d) of thissubsection (4).
Source: L. 2007: Entire section added, p. 1212, § 1, effective August 3.