1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, in small and disadvantaged businesses, further
3providing for definitions; and providing for alternative
4certification.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 2102 of Title 62 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 2102. Definitions.

10Subject to section 2103 (relating to regulations), the
11following words and phrases when used in this chapter shall have
12the meanings given to them in this section unless the context
13clearly indicates otherwise:

14"Commonwealth agency." The term shall include the following:

15(1) Any office, department, authority, board, multistate
16agency or commission of the executive branch, including:

17(i) The Office of the Governor.

18(ii) The Office of Attorney General, the Department
19of the Auditor General and the Treasury Department.

1(iii) An organization established by the
2Constitution of Pennsylvania or a statute or executive
3order that performs or is intended to perform an
4essential governmental function.

5(2) The term shall not include a judicial or legislative
6agency.

7"Disadvantaged business." A small business which is owned or 
8controlled by a majority of persons, not limited to members of 
9minority groups, who have been deprived of the opportunity to 
10develop and maintain a competitive position in the economy 
11because of social disadvantages.

12"Governmental agency." A Commonwealth agency, local agency,
13independent agency, State-affiliated entity or State-related
14institution.

15"Independent agency." Any board, commission or other agency
16or officer of the Commonwealth that is not subject to the policy
17supervision and control of the Governor. The term shall not
18include a legislative agency or a judicial agency.

19"Judicial agency." A court of this Commonwealth or any other
20entity or office of the unified judicial system.

21"Legislative agency." Any of the following:

22(1) The Senate.

23(2) The House of Representatives.

24(3) The Capitol Preservation Committee.

25(4) The Center for Rural Pennsylvania.

26(5) The Joint Legislative Air and Water Pollution
27Control and Conservation Committee.

28(6) The Joint State Government Commission.

29(7) The Legislative Budget and Finance Committee.

30(8) The Legislative Data Processing Committee.

1(9) The Independent Regulatory Review Commission.

2(10) The Legislative Reference Bureau.

3(11) The Local Government Commission.

4(12) The Pennsylvania Commission on Sentencing.

5(13) The Legislative Reapportionment Commission.

6(14) The Legislative Office for Research Liaison.

7(15) The Legislative Audit Advisory Commission.

8"Local agency." Any of the following:

9(1) Any political subdivision, intermediate unit,
10charter school, cyber charter school or public trade or
11vocational school.

12(2) Any local, intergovernmental, regional or municipal
13agency, authority, council, board, commission or similar
14governmental entity.

15"Small business." A business in the United States which is 
16independently owned, is not dominant in its field of operation 
17and employs 100 or fewer employees.

18"State-affiliated entity." A Commonwealth authority or
19Commonwealth entity. The term includes the Pennsylvania Higher
20Education Assistance Agency and any entity established thereby,
21the Pennsylvania Gaming Control Board, the Pennsylvania Game
22Commission, the Pennsylvania Fish and Boat Commission, the
23Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
24Retirement Board, the State System of Higher Education, a
25community college, the Pennsylvania Turnpike Commission, the
26Pennsylvania Public Utility Commission, the Pennsylvania
27Infrastructure Investment Authority, the State Public School
28Building Authority, the Pennsylvania Interscholastic Athletic
29Association and the Pennsylvania Higher Educational Facilities
30Authority. The term shall include a State-related institution.

1"State-related institution." Includes:

2(1) Temple University.

3(2) University of Pittsburgh.

4(3) The Pennsylvania State University.

5(4) Lincoln University.

6Section 2. Title 62 is amended by adding a section to read:

7§ 2109. Alternative certification.

8(a) Acceptance of alternative certification authorized.--To
9establish greater uniformity in the Commonwealth's disadvantaged
10business certification process, the department may accept the
11certification of any eligible disadvantaged business certified
12under the Pennsylvania Unified Certification Program as
13established by the department in accordance with the
14requirements of 49 CFR Ch. 1 Pts. 23 (relating to participation
15of disadvantaged business enterprise in airport concessions) and
1626 (relating to participation by disadvantaged business
17enterprises in Department of Transportation financial assistance
18programs). However, the department shall not certify or accept
19any certification from an owner of a disadvantaged business who
20is not a citizen or lawful permanent resident of the United
21States.

22(b) Reciprocity.--The certification of any disadvantaged
23business enterprise by the department in accordance with
24subsection (a) shall be accepted and used by a governmental
25agency as adequate certification for the purpose of bidding on
26or participating in any public bid, contract or award, the
27execution of which involves the use of Commonwealth funds.

28(c) Disadvantaged business utilization program.--

29(1) Each governmental agency receiving public funds may
30establish a disadvantaged business utilization program which

1encourages the participation and use of disadvantaged
2businesses in the performance of Commonwealth-funded
3contracts.

4(2) A governmental agency that fails to establish a
5disadvantaged business utilization program in accordance with
6paragraph (1) shall adopt and implement the program
7established by the department.

8(d) Adoption of procurement practices.--The department shall
9provide assistance to the Auditor General, the State Treasurer,
10the Attorney General and the appropriate officers in the
11legislative and judicial branches to develop best procurement
12practices specific to the constitutional and statutory functions
13of each office and branch, and consistent with the provisions of
14this title and regulations related to procurement by
15disadvantaged businesses. To facilitate participation by
16disadvantaged businesses in procurement by constitutional
17offices and the judicial and legislative branches, such
18constitutional officers and purchasing agents of any judicial
19agency or legislative agency may adopt the procurement practices
20and utilization program used by the department to promote
21participation by disadvantaged businesses in contracting,
22subcontracting and purchasing.

23Section 3. This act shall take effect immediately.