PRINTER'S NO. 1306
No. 1137 Session of 1983
INTRODUCED BY LINTON, RAPPAPORT, FATTAH, CARN, FREEMAN, WAMBACH,
HARPER, RICHARDSON, DEAL, WIGGINS, TRUMAN, OLIVER, COHEN,
EVANS, IRVIS, COLAFELLA, PRESTON, HOEFFEL, SWEET, DeWEESE,
PISTELLA, DAWIDA, R. C. WRIGHT, WILLIAMS, KOSINSKI, KUKOVICH,
MAYERNIK, MURPHY, AFFLERBACH, BLAUM, WACHOB, RIEGER, COWELL,
KASUNIC, ARTY, MANDERINO, DALEY, LEVIN, MAIALE, RUDY,
GRUITZA, WOZNIAK, HAGARTY, CORDISCO, McHALE, POTT, PERZEL,
LASHINGER, CLARK, WESTON, MARKOSEK AND CALTAGIRONE, JUNE 1,
1983
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 1, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding an offense and providing a
3 penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4107.2. Deception relating to certification of minority
9 business enterprise.
10 (a) Offense defined.--A person commits a misdemeanor of the
11 second degree if, in the course of business, he:
12 (1) Fraudulently obtains, retains, attempts to obtain or
13 retain or aids another in fraudulently obtaining, retaining
14 or attempting to obtain or retain certification as a minority
15 business enterprise.
1 (2) Willfully makes a false statement, whether by
2 affidavit, report or other representation, to an official or
3 employee of a public body for the purpose of influencing the
4 certification or denial of certification of any business
5 entity as a minority business enterprise.
6 (3) Willfully obstructs, impedes or attempts to obstruct
7 or impede any agency official or employee who is
8 investigating the qualifications of a business entity which
9 has requested certification as a minority business
10 enterprise.
11 (4) Fraudulently obtains, attempts to obtain or aids
12 another person in fraudulently obtaining or attempting to
13 obtain public moneys reserved for or allocated or available
14 to minority business enterprises.
15 (b) Definitions.--As used in this section the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Certification." A determination made by a public body that
19 a business entity is a minority business enterprise for whatever
20 purpose.
21 "Minority business enterprise." A small business concern
22 which is at least 51% owned and controlled by one or more
23 socially and economically disadvantaged individuals or, in the
24 case of any publicly owned business, at least 51% of the stock
25 of which is owned by one or more socially and economically
26 disadvantaged individuals and whose management and daily
27 business operations are controlled by one or more of the
28 socially and economically disadvantaged individuals who own it.
29 "Public body." A department, bureau, agency, commission or
30 other instrumentality of the Commonwealth, political
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1 subdivision, municipal authority or any wholly or partially
2 owned government corporation which enters into contracts.
3 "Socially and economically disadvantaged individuals."
4 Persons who are citizens of the United States and who are Black
5 Americans, Hispanic Americans, Native Americans, Asian-Pacific
6 Americans, women and other minorities or persons found to be
7 disadvantaged by the Small Business Administration pursuant to
8 the Small Business Act (15 U.S.C. § 631 et seq.).
9 Section 2. This act shall take effect in 60 days.
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