Pennsylvania Act 2016-171 — PROCUREMENT (62 PA.C.S.) - DIVERSE AND DISADVANTAGED BUSINESSES

Act text

Session of 2016

No. 2016-171

HB 1653

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, providing for diverse and disadvantaged businesses.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Title 62 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 22

DIVERSE AND DISADVANTAGED BUSINESSES

Sec.

2201. Definitions.

2202. Woman-owned business, minority-owned business or veteran-owned business.

§ 2201. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Diverse and disadvantaged businesses." A woman-owned business, a minority-owned business or a veteran-owned business.

"Minority-owned business." A for-profit business which is at least 51% owned and controlled by one or more individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders. The term includes a corporation in which at least 51% of the stock is owned by one or more individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders.

"Veteran." Shall have the meaning given in 51 Pa.C.S. § 9601 (relating to definitions).

"Veteran-owned business." A for-profit business that is at least 51% owned and controlled by one or more veterans. The term includes a corporation in which at least 51% of the stock is owned by one or more veterans.

"Woman-owned business." A for-profit business which is at least 51% owned and controlled by one or more women. The term includes a corporation in which at least 51% of the stock is owned by one or more women.

§ 2202. Woman-owned business, minority-owned business or veteran-owned business.

(a) Department verification.--The following shall apply:

(1) The department shall establish a process to verify a diverse or disadvantaged business as Pennsylvania home state-certified for the purpose of other state or national disadvantaged business programs.

(2) The department shall verify a business that has been certified as a diverse or disadvantaged business by a third-party organization recognized by the department.

(b) Notice.--A business verified under subsection (a)(2) may request the department to provide notice of the business status under this chapter.

(c) Lists.--The department shall compile, maintain and make available source lists of businesses verified by the department as a diverse or disadvantaged business for the purpose of encouraging procurement from those businesses.

(d) Regulations.--The department may promulgate regulations to administer this section.

Section 2. This act shall take effect in 120 days.

APPROVED--The 21st day of November, A.D. 2016.

TOM WOLF