November 2008 State and Federal Updates

Join us December 4 for an InBiz webinar: "Keep the Momentum Moving! Planning to ensure your program continues strong in the face of change"

Thursday, December 4, 2008 11:00 AM to 12:30 PM, Pacific (12 pm Mtn / 1 pm Central / 2 pm Eastern). Cost:  Free. Please register for the webinar.

Colorado and Nebraska

Victory on Equal Opportunity

Feature Story from Leadership Conference on Civil Rights
Tyler Lewis
November 6, 2008

On November 4, Colorado became the first state to reject a ballot initiative that would have amended their state constitution to ban equal opportunity initiatives in the higher education, employment, and contracting.

"This is a huge victory for Colorado, and for the country," said Wade Henderson, president and CEO of the Leadership Conference on Civil Rights.  "It is confirmation that the ideal of equal opportunity is core to who we are as a nation."

The vote on the initiative, Amendment 46, caps a year that saw a shift in the 12-year fight over equal opportunity programs.  Similar anti-equal opportunity initiatives in Arizona, Missouri, and Oklahoma all failed to qualify for their state ballots this year.

Ward Connerly, a California businessman and former University of California regent, had planned to introduce and enact ballot initiatives amending constitutions in five states – Arizona, Colorado, Missouri, Nebraska, and Oklahoma – that would eliminate equal opportunity initiatives in higher education, employment, and contracting, but his initiatives only achieved ballot placement in Colorado and Nebraska.

Connerly had been successful with similar initiatives in California in 1996, Washington in 1998, and Michigan in 2006.

"We managed to get the truth out to Colorado voters through an incredible grassroots effort, where we had hundreds of volunteers from many organizations who spent thousands of hours going door to door and making phone calls, just talking to people and telling them the truth about this amendment and what it would have done to equal opportunity in Colorado," said Linda Meric, Director of 9to5, National Association of Working Women, Co-Chair of Colorado Unity, and Co-Chair of the Vote NO on Amendment 46 campaign, in a statement.

Equal opportunity supporters say that this year's success is due a comprehensive strategy, including building greater awareness of the fraudulent and deceptive tactics Connerly supporters use to get their initiatives on the ballot.

Lawsuits brought against Connerly and his supporters in all five of his targeted states by civil rights groups and state coalitions in support of equal opportunity were heavily publicized by state newspapers and created a very different climate for Connerly and his supporters than in the past.

In Nebraska voters passed the anti-equal opportunity Initiative 424.  Nebraskans United, a coalition of civil rights and civic organizations and equal opportunity supporters, filed a lawsuit challenging the validity of some of the signatures that qualified the initiative for the ballot. The lawsuit is still pending.

If the court finds that there were not enough valid signatures to qualify the initiative for the ballot, the November 4 vote on the initiative will be invalidated.

Florida

The State of Florida Office of Supplier Diversity will host the 2008 MatchMaker Conference and Trade Show on November 19-21, 2008 at the Gaylord Palms Resort and Convention Center in Orlando, Florida. This year's theme is "The Diversity Blueprint: Success through Leadership, Innovation, and Education."

Recognized as Florida’s signature event for minority and women-owned business enterprises, MatchMaker 2008 promises to be an exciting, educational and purposeful event as it links minority business owners with state government and private corporations to drive economic development.  MatchMaker is an excellent opportunity for you to network, learn about potential contract opportunities, and attend seminars to enhance your business skills.  Last year’s event attracted over 1,500 attendees.

More information on the 2008 MatchMaker Conference and Trade Show.

North Carolina - South Carolina

In 1987, few municipalities in North Carolina had legally established programs that featured the notion of inclusion for commodity purchases or construction projects. In that same year, the North Carolina Minority and Women Business Enterprise Coordinators’ Network (NC M/WBE Coordinators’ Network) was established with seven members as a “think tank” to share strategies and ideas on administering minority business programs.

Over the past twenty years, the members of the NC M/WBE Coordinators’ Network have been committed to ensuring that all segments of the community have an equitable opportunity to participate in professional service contracts, procurement contracts, and construction projects in both public and private sectors.

Today, the Network has increased its membership to more than 100 participants from state agencies, universities, community colleges, municipalities, and private organizations throughout North and South Carolina.  The 22nd Annual Professional Development & Training Conference will be held at Myrtle Beach, South Carolina, November 12-14, 2008.

Texas

The Texas Association of Mexican American Chambers of Commerce (TAMACC) signed an agreement on June 24 with several state agencies and universities that could lead to increased significant procurement opportunities for Texas Hispanic-owned businesses in the years ahead.  The universities and agencies that signed the agreement include the University of Texas at Austin, the University of Texas System, Texas Tech University, Texas A&M University, Texas Health & Human Services Commission, Texas Department of Transportation, and the Texas Department of Criminal Justice. The Health & Human Services Commission includes the Department of Aging and Disability Services, the Department of State Health Services, the Department of Assistive and Rehabilitative Services, and the Department of Family and Protective Services.

"This is a historic moment for TAMACC and Texas state agencies and universities," said Arcilia Acosta, chairman of TAMACC. "It is historic because of the cooperation between TAMACC and these state entities, and the amount of money that will be available to qualified Texas firms."

The agreement calls for increased outreach, training, publicity, cooperation, and notification of procurement opportunities between the universities and agencies on the one hand, and TAMACC and its member businesses, on the other hand. For a copy of a sample agreement, please contact the Insight Center.

Also on June 24, Kansas Governor Kathleen Sebelius signed an executive order to open up more opportunities to small minority- and women-owned businesses in Kansas. Executive Order 08-08 expands the Kansas Statewide Certification Program to offer two additional certifications: Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). The Disadvantaged Business Enterprise (DBE) Certification will continue to be offered.

“A key component of our economic strength is Kansas’ small businesses,” Governor Sebelius said. “This executive order will make sure that more small businesses can secure contracts and keep their employees working.”
 
Certification increases opportunities for women and minority businesses to obtain contracts and subcontracts from governmental and private entities committed to the inclusion of minority- and women-owned businesses. Program services are free and administered through the Kansas Department of Commerce.
 
For more information, contact Rhonda Harris with the Office of Minority and Women Business Development of the Kansas Department of Commerce at (785) 296-3425 or rharris@kansascommerce.com.

Virginia

In compliance with Virginia law, the Virginia Department of Minority Business Enterprise (DMBE) has implemented the policy that will allow out-of-state small, minority, and women-owned businesses to certify in Virginia if the home state of the business allows Virginia-based firms to certify there.  This program was implemented on September 1, 2008.

As a result, small businesses from 15 states and districts are not able to certify in Virginia: Alabama, Arizona, Arkansas, California, Connecticut, Florida, Iowa, Louisiana, Minnesota, Mississippi, New Mexico, Ohio, Texas, Washington DC, and West Virginia. Businesses from these states that are currently certified in Virginia will continue to be certified, but will not be re-certified upon expiration of their term. The Virginia Department of Transportation continues to certify out-of-state firms for the USDOT Disadvantaged Business Enterprise program per Universal Certification Program (UCP) protocols.

As part of its policiy initiative, the Virginia DMBE researched whether or not each state allowed out-of-state firms to certify as small, minority, and women-owned businesses.  To see the policy and the status of the 50 states, as researched by Virginia DMBE, please contact the Insight Center.

SBA's Small Disadvantaged Business Program Ends Certification Process

In a move made during the last few months of the Bush administration, the Small Business Administration will no longer verify the status of companies seeking certification as small disadvantaged businesses, shifting the time-consuming and costly application process to the companies themselves or to third parties.

In an interim final rule published in the Federal Register on October 3, SBA explained that the value of the small disadvantaged business designation has tailed off in recent years as the financial incentives have disappeared or been ignored. As of Oct. 3, companies seeking to obtain federal prime or subcontracts can self-certify their status as small disadvantaged businesses -- an option that has been available since 2004 -- or use a third-party private certification firm. In limited circumstances, the procuring agency can certify the company.

Harry Alford, President of the National Black Chamber of Commerce, said in an October 29 e-blast, "This will allow a flood of fraud and misrepresentation to the detriment of bona fide minority business seeking to compete on federal contracts.  It appears the SBA wants to do this so they can pad their minority and small business figures with this expected surge of misrepresentation.  This will negatively and directly affect us all." 

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