PRIOR PRINTER'S NO. 1306 PRINTER'S NO. 1885
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, CALTAGIRONE AND
ALDERETTE, MAY 31, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 4, 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
1 business enterprise.
2 (2) Willfully makes a false statement, whether by
3 affidavit, report or other representation, to an official or
4 employee of a public body for the purpose of influencing the
5 certification or denial of certification of any business
6 entity as a minority business enterprise.
7 (3) Willfully obstructs, impedes or attempts to obstruct
8 or impede any agency official or employee who is
9 investigating the qualifications of a business entity which
10 has requested certification as a minority business
11 enterprise.
12 (4) Fraudulently obtains, attempts to obtain or aids
13 another person in fraudulently obtaining or attempting to
14 obtain public moneys reserved for or allocated or available
15 to minority business enterprises.
16 (b) Definitions.--As used in this section the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Certification." A determination made by a public body that
20 a business entity is a minority business enterprise for whatever
21 purpose.
22 "CONTROL." THE EXCLUSIVE OR ULTIMATE AND SOLE CONTROL OF THE <--
23 BUSINESS INCLUDING, BUT NOT LIMITED TO, CAPITAL INVESTMENT AND
24 ALL OTHER FINANCIAL, PROPERTY, ACQUISITION, CONTRACT
25 NEGOTIATION, LEGAL MATTERS, OFFICER-DIRECTOR-EMPLOYEE SELECTION
26 AND COMPREHENSIVE HIRING, OPERATING RESPONSIBILITY, COST-CONTROL
27 MATTERS, INCOME AND DIVIDEND MATTERS, FINANCIAL TRANSACTIONS AND
28 RIGHTS OF OTHER SHAREHOLDERS OR JOINT PARTNERS.
29 "Minority business enterprise." A small business concern <--
30 which is at least 51% owned and controlled by one or more
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1 socially and economically disadvantaged individuals or, in the
2 case of any publicly owned business, at least 51% of the stock
3 of which is owned by one or more socially and economically
4 disadvantaged individuals and whose management and daily
5 business operations are controlled by one or more of the
6 socially and economically disadvantaged individuals who own it.
7 A SMALL BUSINESS CONCERN WHICH IS: <--
8 (1) A SOLE PROPRIETORSHIP, OWNED AND CONTROLLED BY A
9 SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUAL.
10 (2) A PARTNERSHIP OR JOINT VENTURE CONTROLLED BY
11 SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS IN WHICH
12 51% OF THE BENEFICIAL OWNERSHIP INTEREST IS HELD BY SOCIALLY
13 AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.
14 (3) A CORPORATION OR OTHER ENTITY CONTROLLED BY SOCIALLY
15 AND ECONOMICALLY DISADVANTAGED INDIVIDUALS IN WHICH AT LEAST
16 51% OF THE VOTING INTEREST AND 51% OF THE BENEFICIAL
17 OWNERSHIP INTEREST ARE HELD BY SOCIALLY AND ECONOMICALLY
18 DISADVANTAGED INDIVIDUALS.
19 "Public body." A department, bureau, agency, commission or
20 other instrumentality of the Commonwealth, political
21 subdivision, municipal authority or any wholly or partially
22 owned government corporation which enters into contracts.
23 "Socially and economically disadvantaged individuals."
24 Persons who are citizens of the United States and who are Black
25 Americans, Hispanic Americans, Native Americans, Asian-Pacific
26 Americans, women and other minorities or persons found to be
27 disadvantaged by the Small Business Administration pursuant to
28 the Small Business Act (15 U.S.C. § 631 et seq.).
29 Section 2. This act shall take effect in 60 days.
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