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                                                      PRINTER'S NO. 1758

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
















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