Section 34.074

Title IV EXECUTIVE BRANCH

Chapter 34

Effective - 28 Aug 2010, 2 histories   

  34.074.  Disabled veterans, state and political subdivision contracts, preference to be given, when — rulemaking authority. — 1.  As used in this section, the term "service-disabled veteran" means any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs.

  2.  As used in this section, the term "service-disabled veteran business" means a business concern:

  (1)  Not less than fifty-one percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one percent of the stock of which is owned by one or more service-disabled veterans; and

  (2)  The management and daily business operations of which are controlled by one or more service-disabled veterans.

  3.  In letting contracts for the performance of any job or service, all agencies, departments, institutions, and other entities of this state and of each political subdivision of this state shall give a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business.

  4.  In implementing the provisions of subsection 3 of this section, the following shall apply:

  (1)  The commissioner of administration shall have the goal of three percent of all such contracts described in subsection 3 of this section to be let to such veterans;

  (2)  If no or an insufficient number of such veterans doing business in this state submit a bid or proposal for a contract let by an agency, department, institution, or other entity of the state or a political subdivision, such goal shall not be required and the provisions of subdivision (1) of this subsection shall not apply;

  (3)  The commissioner of administration may promulgate rules in order to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or disapprove and annul a rule subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

­­--------

(L. 2008 H.B. 1313, A.L. 2010 H.B. 1524 & 2260)