Bill Text: MO HB2076 | 2012 | Regular Session | Introduced
Bill Title: Establishes a preference in governmental contracts for a person or organization who contributes to an alternatives to abortion agency or the Alternatives to Abortion Support Fund
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-18 - Public Hearing Completed (H) [HB2076 Detail]
Download: Missouri-2012-HB2076-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor), ZERR, CRAWFORD, RIDDLE, BRANDOM, FRANKLIN, BLACK, KRATKY, McGEOGHEGAN, BROWN (85), LICHTENEGGER, ENTLICHER, PARKINSON, DIEHL, BROWN (116), JONES (89), MEADOWS AND KELLEY (126) (Co-sponsors).
6225L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapters 34 and 188, RSMo, by adding thereto two new sections relating to preferences in governmental contracts for persons who contribute to alternatives to abortion services.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 34 and 188, RSMo, are amended by adding thereto two new sections, to be known as sections 34.085 and 188.320, to read as follows:
34.085. 1. In purchasing or contracting for any supplies, equipment, or services, all agencies, departments, institutions, and other entities of this state and each political subdivision of this state, and agents thereof with procurement power, shall give a bidding preference of up to five bonus points or up to five percentage points to any person who or organization which makes a contribution or contributions of a certain level to an alternatives to abortion agency or to the alternatives to abortion support fund established in section 188.320.
2. To qualify for a bidding preference, the contribution or contributions shall:
(1) Have been made by the person or organization to an alternatives to abortion agency or agencies within the twelve-month period preceding the date the proposal or bid is due to be submitted; or
(2) Be made by the person or organization to the alternatives to abortion support fund within the twelve-month period subsequent to the date the award is made or the contract is let. In the case of a multiyear award or contract, contributions may be made on a pro-rata basis annually in proportion to the total value of the award or contract.
3. The office of administration shall maintain and publicize a list of alternatives to abortion agencies to which contributions can be made under this section. The office of administration shall develop model forms which may be used to verify that a contribution was made to an alternatives to abortion agency or to the alternatives to abortion support fund. The office of administration shall develop a process or procedures for making a contribution to the alternatives to abortion support fund, which may include making a contribution online.
4. A bidding preference of one to five bonus points or of one to five percentage points shall be given based on the value of the governmental award or contract in relation to the amount of the contribution or contributions that were made or which will be made by the person or organization who or which is bidding, in accordance with the following table:
Value of Award Contribution Bonus Percentage
or Contract Amount Points Points
$10,000 - $24,999 $1,000 5 5%
$800 4 4%
$600 3 3%
$400 2 2%
$200 1 1%
$25,000 - $49,999 $2,500 5 5%
$2,000 4 4%
$1,500 3 3%
$1,000 2 2%
$500 1 1%
$50,000 - $74,999 $5,000 5 5%
$4,000 4 4%
$3,000 3 3%
$2,000 2 2%
$1,000 1 1%
$75,000 - $99,999 $7,500 5 5%
$6,000 4 4%
$4,500 3 3%
$3,000 2 2%
$1,500 1 1%
$100,000 - $249,999 $10,000 5 5%
$8,000 4 4%
$6,000 3 3%
$4,000 2 2%
$2,000 1 1%
$250,000 - $499,999 $25,000 5 5%
$20,000 4 4%
$15,000 3 3%
$10,000 2 2%
$5,000 1 1%
$500,000 - $749,999 $50,000 5 5%
$40,000 4 4%
$30,000 3 3%
$20,000 2 2%
$10,000 1 1%
$750,000 - $999,999 $75,000 5 5%
$60,000 4 4%
$45,000 3 3%
$30,000 2 2%
$15,000 1 1%
$1,000,000 - $1,999,999 $100,000 5 5%
$80,000 4 4%
$60,000 3 3%
$40,000 2 2%
$20,000 1 1%
$2,000,000 - $2,999,999 $200,000 5 5%
$160,000 4 4%
$120,000 3 3%
$80,000 2 2%
$40,000 1 1%
$3,000,000 and above Contribution of
10% of the value
of the award/contract
rounded down to
the nearest
million dollars 5 5%
Contribution of
8% of the value
of the award/contract
rounded down to
the nearest
million dollars 4 4%
Contribution of
6% of the value
of the award/contract
rounded down to
the nearest
million dollars 3 3%
Contribution of
4% of the value
of the award/contract
rounded down to
the nearest
million dollars 2 2%
Contribution of
2% of the value
of the award/contract
rounded down to
the nearest
million dollars 1 1%
5. As used in this section, "alternatives to abortion agency" means:
(1) A maternity home as defined in section 135.600;
(2) A pregnancy resource center as defined in section 135.630; or
(3) An organization located in this state which is exempt from income taxation under the United States Internal Revenue Code, which is operating primarily for the purpose of researching, producing, and disseminating educational messages for print, radio, television, the internet, and other media to promote alternatives to abortion services and to reduce the number of abortions.
6. The commissioner of administration may adopt rules and regulations to implement and administer 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 to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
188.320. 1. There is established in the state treasury the "Alternatives to Abortion Support Fund". The state treasurer shall credit to and deposit in such fund:
(1) Moneys that may be required by law to be credited to or deposited in such fund;
(2) Moneys that may be appropriated to it by the general assembly;
(3) Other amounts that may be received from general revenue, other state funds, grants, gifts, contributions, devises, bequests, settlements, awards, or from federal, state, or local sources; and
(4) Any other sources granted or given for this specific purpose.
2. The state treasurer shall invest moneys in the alternatives to abortion support fund in the same manner as surplus state funds are invested under section 30.260. All earnings that result from the investment of moneys in the fund shall be credited to such fund.
3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the alternatives to abortion support fund shall not revert to the credit of general revenue at the end of the biennium.
4. Moneys credited to and deposited in the alternatives to abortion support fund shall only be used for the purposes authorized pursuant to this section. None of the moneys in the fund shall be used to perform or induce, assist in the performing or inducing of or refer for abortions. None of the moneys in the fund shall be granted to organizations or affiliates of organizations that perform or induce, assist in the performing or inducing of or refer for abortions.
5. The alternatives to abortion support fund shall be subject to appropriation and shall be used to encourage childbirth over abortion and to support alternatives to abortion by funding:
(1) The alternatives to abortion services program established in section 188.325;
(2) The alternatives to abortion public awareness program established in section 188.335; or
(3) Such other programs or services permitted by law or by appropriation consistent with the purposes of this section.
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