PRINTER'S NO. 2360
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1760
Session of
2017
INTRODUCED BY THOMAS, SEPTEMBER 5, 2017
REFERRED TO COMMITTEE ON COMMERCE, SEPTEMBER 5, 2017
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for diverse business
participation in Redevelopment Assistance Capital Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 42
DIVERSE BUSINESS PARTICIPATION IN REDEVELOPMENT ASSISTANCE
CAPITAL PROGRAM
Sec.
4201. Scope of chapter.
4202. Definitions.
4203. Diverse business participation.
§ 4201. Scope of chapter.
This chapter relates to the Redevelopment Assistance Capital
Program.
§ 4202. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authority." T he Pennsylvania Minority Business Development
Authority established under the act of July 22, 1974 (P.L.598,
No.206), known as the Pennsylvania Minority Business Development
Authority Act.
"Disadvantaged business." A business that is owned or
controlled by a majority of persons, not limited to members of
minority groups, who are subject to racial or ethnic prejudice
or cultural bias.
"Diverse business." A disadvantaged business, minority-owned
or women-owned business or service-disabled veteran-owned or
veteran-owned small business that has been certified by a third-
party certifying organization.
"Minority-owned business." A business owned and controlled
by a majority of individuals who are African Americans, Hispanic
Americans, Native Americans, Asian Americans, Alaskans or
Pacific Islanders.
"Redevelopment Assistance Capital Program." A Commonwealth
grant program administered by the Office of the Budget for the
acquisition and construction of regional economic, cultural,
civic, recreational and historical improvement projects.
"Service-disabled veteran-owned small business." As defined
in 51 Pa.C.S. § 9601 (relating to definitions).
"Third-party certifying organization." An organization that
certifies a small business, minority-owned business, women-owned
business or veteran-owned small business as a diverse business.
The term includes:
(1) The National Minority Supplier Development Council.
(2) The Women's Business Development Enterprise National
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Council.
(3) The Small Business Administration.
(4) The Department of Veterans Affairs.
(5) The Pennsylvania Unified Certification Program.
"Veteran-owned small business." As defined in 51 Pa.C.S. §
9601 (relating to definitions).
"Women-owned business." A business owned and controlled by a
majority of individuals who are women.
§ 4203. Diverse business participation.
(a) Duties.--In administering grants under the Redevelopment
Assistance Capital Program, the Office of the Budget shall:
(1) Seek the maximum participation by diverse
businesses, including ensuring that the commitment to
participation by diverse businesses is clearly understood and
appropriately implemented and enforced.
(2) Designate a responsible official to supervise the
program's objectives relating to diverse businesses.
(3) Revoke agreements under the program if the grantees
fail to comply with this section or the policies of the
Commonwealth relating to diverse businesses.
(4) Ensure that agreements entered into with grantees
under the program include provisions prohibiting
discrimination in accordance with the laws of this
Commonwealth.
(b) Additional duties.--The Office of the Budget, with the
assistance of a diverse business enterprise supportive services
center, shall have the following duties:
(1) Conduct the necessary and appropriate outreach,
including using the database available on the publicly
accessible Internet website of the Department of General
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Services and the Federal Government's system of award
management database, for purposes of identifying diverse
businesses who qualify for the program.
(2) By October 1, 2018, and each October 1 thereafter,
submit a report to the authority summarizing the
participation level of diverse businesses under the program.
The report shall include the following:
(i) The percentage of participation by diverse
businesses in the program.
(ii) The total value of all agreements executed
under the program which include participation by diverse
businesses in the prior year.
(iii) The number of grantees penalized for violating
this section.
(c) Review.-- The authority shall review the report under
subsection (b)(2) to assess the effectiveness of administering
this section and make any recommendations for changes deemed
necessary to maximize the participation of diverse businesses in
the program to the Office of the Budget.
(d) Construction.--Nothing in this section shall be
construed to supersede, nullify or otherwise affect 51 Pa.C.S. §
9603 (relating to participation goal). In the case of an
inconsistency between this section and 51 Pa.C.S. Ch. 96
(relating to veteran-owned small businesses), the provisions of
51 Pa.C.S. Ch. 96 shall prevail.
Section 2. This act shall take effect in 60 days.
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