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PRINTER'S NO. 1903
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1329
Session of
2022
INTRODUCED BY PITTMAN, MARTIN, MENSCH, LAUGHLIN, ROBINSON AND
STEFANO, SEPTEMBER 13, 2022
REFERRED TO STATE GOVERNMENT, SEPTEMBER 13, 2022
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in small and disadvantaged businesses, further
providing for policy, for definitions and for regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2101 of Title 62 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2101. Policy.
The policy of this Commonwealth is to assist Pennsylvania's
small and disadvantaged businesses in learning how to do
business with Commonwealth agencies. The department shall
implement this policy in accordance with regulations promulgated
by the department.
Section 2. The definition of "small business" in section
2102 of Title 62 is amended to read:
§ 2102. Definitions.
Subject to section 2103 (relating to regulations), the
following words and phrases when used in this chapter shall have
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the meanings given to them in this section unless the context
clearly indicates otherwise:
* * *
"Small business." A business [in the United States] based in
this Commonwealth which is independently owned, is not dominant
in its field of operation [and employs 100 or fewer employees.],
employs 500 or fewer employees and has a three-year average of
annual gross revenues of $38,500,000 or less.
Section 3. Section 2103 of Title 62 is amended to read:
§ 2103. Regulations.
(a) Authorization.--The department shall establish 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] excluding the
number of employees and the dollar volume of business. State-
affiliated entities shall implement the policy for their
procurement programs.
(b) Construction.--
(1) A business chartered or organized outside of the
United States or in a state or territory other than this
Commonwealth shall not be considered a small business or
disadvantaged business for the purposes of this chapter.
(2) A policy established by the department for executive
agencies or those independent agencies for which the
department acts as purchasing agency or a regulation
promulgated by the department establishing detailed
definitions of the words and phrases defined in section 2102
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(relating to definitions) shall not enable a business
described in paragraph (1) to take part in or benefit from
any program, initiative or effort intended for small
businesses or disadvantaged businesses of this Commonwealth.
Section 4. This act shall take effect in 60 days.
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