PRINTER'S NO. 2447
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1804
Session of
2019
INTRODUCED BY STRUZZI, GILLEN, SCHMITT AND ZIMMERMAN,
SEPTEMBER 12, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 12, 2019
AN ACT
Amending Titles 51 (Military Affairs) and 62 (Procurement) of
the Pennsylvania Consolidated Statutes, in veteran-owned
small businesses, further providing for definitions, for
regulations and for duties of Department of General Services;
and, in small and disadvantaged businesses, further providing
for definitions, for regulations and for duties of
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9601 introductory paragraph of Title 51
of the Pennsylvania Consolidated Statutes is amended to read:
§ 9601. Definitions.
[Subject to section 9602 (relating to regulations), the] 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:
* * *
Section 2. Section 9602 heading, (a) and (b) of Title 51 are
amended to read:
§ 9602. [Regulations] Statement of policy.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(a) [Promulgation] Policy.--The Department of General
Services, in consultation with the department, shall establish
policy in accordance with this subchapter for executive agencies
and independent agencies [and may, in consultation with the
department, promulgate regulations establishing detailed
definitions of the words and phrases defined in section 9601
(relating to definitions) using, in addition to the criteria set
forth in section 9601, other criteria as it deems appropriate,
including]. The statement of policy shall include criteria for
determining whether a business qualifies as a veteran-owned
small business or a service-disabled veteran-owned small
business under this chapter. The criteria shall include the
number of employees and the dollar volume of business.
(b) Implementation.--State-affiliated entities shall
implement the policy under subsection (a) for their procurement
programs.
* * *
Section 3. Section 9604 of Title 51 is amended by adding a
paragraph to read:
§ 9604. Duties of Department of General Services.
The Department of General Services, with the assistance of
the department, shall have the following duties:
* * *
(9) Establish a process for businesses seeking
verification as a veteran-owned small business and service-
disabled veteran-owned small business.
Section 4. The definition of "small business" and
introductory paragraph in section 2102 of Title 62 are amended
to read:
§ 2102. Definitions.
20190HB1804PN2447 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[Subject to section 2103 (relating to regulations), the] 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:
* * *
"Small business." A business in the United States which is
independently owned[,] and is not dominant in its field of
operation [and employs 100 or fewer employees].
Section 5. Section 2103 of Title 62 is amended to read:
§ 2103. [Regulations] Statement of policy.
(a) Policy.--The department shall establish a statement of
policy for executive and those independent agencies for which
the department acts as purchasing agency [and may promulgate
regulations establishing detailed definitions of the words and
phrases defined in section 2102 (relating to definitions) using,
in addition to the criteria set forth in section 2102, other
criteria as it deems appropriate, including]. The statement of
policy shall include criteria for determining whether a business
qualifies as a small business or disadvantaged business under
this chapter. The criteria shall include the number of employees
and the dollar volume of business. [State-affiliated entities
shall implement the policy for their procurement programs.]
(b) Implementation.--State-affiliated entities shall
implement the policy under subsection (a) for their procurement
programs.
Section 6. Section 2104 of Title 62 is amended by adding a
paragraph to read:
§ 2104. Duties of department.
The department shall have the following duties:
* * *
20190HB1804PN2447 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(7) Establish a process for businesses seeking
certification as a small business or verification as a
disadvantaged business.
Section 7. This act shall take effect in 180 days.
20190HB1804PN2447 - 4 -
1
2
3
4