PRINTER'S NO. 1758
No. 1329 Session of 2002
INTRODUCED BY C. WILLIAMS, SCHWARTZ, KITCHEN, O'PAKE, WAGNER, STOUT, LOGAN, COSTA AND KUKOVICH, MARCH 5, 2002
REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT, MARCH 5, 2002
AN ACT 1 Establishing the Women's Business Ownership Council; providing 2 for its powers and duties; and making an appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Women's 7 Business Ownership Act. 8 Section 2. Women's Business Ownership Council. 9 (a) Council established.--There is established within the 10 Department of Community and Economic Development the Women's 11 Business Ownership Council. The council shall consist of ten 12 members, with five persons appointed by the Governor, one person 13 appointed by the Majority Leader of the Senate, one person 14 appointed by the Minority Leader of the Senate, one person 15 appointed by the Majority Leader of the House of 16 Representatives, one person appointed by the Minority Leader of 17 the House of Representatives and one person appointed by the 18 Governor from the Pennsylvania Commission for Women.
1 (b) Qualifications of council members.--Appointed members 2 shall be uniquely qualified by education, professional knowledge 3 or experience to serve on the council and shall reflect the 4 ethnic, cultural and geographic diversity of this Commonwealth. 5 Of the ten members, at least five shall be women business 6 owners. For purposes of this act, a woman business owner shall 7 be defined as a woman who is either: 8 (1) the principal of a company or business concern, 51% 9 of which is owned, operated and controlled by women; or 10 (2) a senior officer or director of a company or 11 business concern who also has either: 12 (i) material responsibility for the daily operations 13 and management of the overall company or business 14 concern; or 15 (ii) material responsibility for the policymaking of 16 the company or business concern. 17 (c) Initial appointment.--Of the initial appointments, 18 members shall be randomly assigned to staggered terms, four 19 members shall be appointed for a term of three years, three 20 members shall be appointed for a term of two years and three 21 members shall be appointed for a term of one year. Upon the 22 expiration of each member's term, a successor shall be appointed 23 for a term of three years. 24 (d) Vacancy in office.--In the case of a vacancy in the 25 office of any member, a successor shall be appointed for the 26 remainder of the unexpired term by the person designated as 27 responsible for making the appointment. No member shall serve 28 more than three consecutive terms. Members shall serve without 29 compensation but shall be reimbursed for expenses incurred in 30 connection with the performance of their duties as members. 20020S1329B1758 - 2 -
1 (e) Chairperson.--One of the members shall be designated as 2 chairperson by the Governor. In the event the Governor does not 3 appoint the chairperson within 60 days after the effective date 4 of this act, the council shall convene and elect a chairperson 5 by a simple majority vote. Upon a vacancy in the position of 6 chairperson, the Governor shall have 30 days from the date of 7 the resignation to appoint a new chairperson. In the event the 8 Governor does not appoint a new chairperson within 30 days, the 9 council shall convene and elect a new chairperson by a simple 10 majority vote. 11 (f) First meeting of council.--The first meeting of the 12 council shall be held within 90 days after the effective date of 13 this act. The council shall meet quarterly and may hold other 14 meetings on the call of the chairperson. Six members shall 15 constitute a quorum. The council may adopt rules it deems 16 necessary to govern its own procedures. The Department of 17 Community and Economic Development shall cooperate with the 18 council to fulfill the purposes of this act and shall provide 19 the council with necessary staff and administrative support. 20 (g) Fund.--The council may apply for grants from the public 21 and private sector and is authorized to accept grants, gifts and 22 donations which shall be deposited into a special fund in the 23 State Treasury to be known as the Women's Business Ownership 24 Fund. 25 (h) Executive director.--The women's business advocate shall 26 serve as executive director of the council. 27 Section 3. Duties and responsibilities of council. 28 (a) Hearings.--The council shall conduct hearings, as 29 necessary, and issue an annual report to the Governor and the 30 General Assembly regarding the status of women business owners 20020S1329B1758 - 3 -
1 within this Commonwealth. In that regard, the council shall 2 review the following: 3 (1) The status of women-owned businesses Statewide, 4 including progress made and barriers that remain, in order to 5 assist these businesses to enter the mainstream of the 6 Pennsylvania economy. 7 (2) The role of State and local government in assisting 8 and promoting aid to and the promotion of women-owned 9 businesses. 10 (3) Data collected by private and public sector entities 11 relating to women-owned businesses. 12 (4) Any other government initiatives that may exist 13 relating to women-owned businesses, including, but not 14 limited to, those relating to State and local procurement. 15 (b) Council recommendation.--The council shall recommend to 16 the Governor and the General Assembly, on an annual basis, all 17 of the following: 18 (1) New private sector initiatives that would provide 19 management and technical assistance to women-owned 20 businesses. 21 (2) Ways to promote greater access to public and private 22 sector financing and procurement opportunities for these 23 businesses. 24 (3) Detailed multiyear plans of action with specific 25 goals and timetables for both public and private sector 26 actions needed to overcome discriminatory barriers to full 27 participation in the economic mainstream. 28 (c) Information from State agencies.--The council may hold 29 hearings, take testimony and request information from State 30 agencies. 20020S1329B1758 - 4 -
1 Section 4. Appropriation. 2 The sum of $25,000, or as much thereof as may be necessary, 3 is hereby appropriated to the Department of Community and 4 Economic Development for the fiscal year July 1, 2001, to June 5 30, 2002, to carry out the provisions of this act. 6 Section 5. Effective date. 7 This act shall take effect in 60 days. L31L71JLW/20020S1329B1758 - 5 -