PRINTER'S NO. 3817
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2542
Session of
2020
INTRODUCED BY CEPHAS, KENYATTA, GALLOWAY, A. DAVIS, KINSEY,
SCHWEYER, YOUNGBLOOD, DELLOSO, HILL-EVANS, BOYLE, ROZZI AND
GAINEY, MAY 21, 2020
REFERRED TO COMMITTEE ON COMMERCE, MAY 21, 2020
AN ACT
Exempting small, minority-owned and women-owned businesses from
the payment of certain business fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Disadvantaged Business Fee Exemption Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business fee." A fee required to be paid to the
Commonwealth or a political subdivision for starting or opening
a business in this Commonwealth. The term does not include a fee
for maintaining a license or other requirement for continuing to
operate a business.
"Department." The Department of General Services of the
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Commonwealth.
"Disadvantaged business." A minority-owned business or
women-owned business with less than 100 employees that has been
certified as a disadvantaged business by a third-party
certifying organization.
"Third-party certifying organization." An organization that
certifies a business as a minority-owned business or women-owned
business as authorized by the department.
Section 3. Fee exemption.
(a) Fee exemption.--A disadvantaged business shall be exempt
from the payment of business fees.
(b) Proof of status.--In order to be eligible for the fee
exemption under subsection (a), a disadvantaged business must
provide the department or the licensing authority of a political
subdivision to which the owner is applying with proof of the
business's status as a disadvantaged business by providing
certification from a third-party certification organization.
(c) Status.--The Bureau of Diversity, Inclusion and Small
Business Opportunities of the department, in consultation with
other Commonwealth agencies, shall determine an applicant's
eligibility under subsection (a) for exemption from Commonwealth
agency fees.
(d) Offenses.--The following shall apply:
(1) A person who fraudulently obtains a business fee
exemption commits a misdemeanor of the third degree.
(2) A person who assigns, transfers or attempts to
assign or transfer a business fee exemption or uses or
attempts to use a business fee exemption contrary to this act
commits a misdemeanor of the third degree.
(e) Reporting.--The department, in consultation with other
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Commonwealth agencies, shall annually determine the total number
of business fee exemptions applied for and issued and the total
dollar amount of the exemptions under this act and submit a
report to the chairperson and minority chairperson of the
Community, Economic and Recreational Development Committee of
the Senate and the chairperson and minority chairperson of the
Commerce Committee of the House of Representatives. The report
may be submitted electronically.
Section 4. Effective date.
This act shall take effect in 60 days.
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