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§ 390.4. Pennsylvania Minority Business Development Authority

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and Commerce

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 12A. Minority Business Development Authority Act (Refs & Annos)
73 P.S. § 390.4
§ 390.4. Pennsylvania Minority Business Development Authority
(a) There is hereby created a body corporate and politic, constituting a public corporation and governmental instrumentality by the name of the “Pennsylvania Minority Business Development Authority,” hereinafter known as the authority.
(b) The board of directors shall be composed of the following: The Secretary of Commerce, who will serve as chairman, the Secretary of Labor and Industry, the Secretary of Community Affairs,1 the Secretary of Banking, or a designee of such secretary, and eight additional persons, at least four of whom shall represent socially or economically disadvantaged persons, who shall be appointed by the Governor by and with the approval of a majority of the members elected to the Senate. In addition, four members of the General Assembly shall be members of the board, two of whom shall be Representatives appointed by the Speaker of the House (one from the Majority Party and one from the Minority Party) and two of whom shall be Senators appointed by the President pro tempore of the Senate (one from the Majority Party and one from the Minority Party) or a designee of such member of the General Assembly. A quorum of this board shall be nine. A member of the board who is not a member of the Governor's cabinet or the General Assembly who fails to attend three consecutive meetings shall forfeit his or her seat unless the chairman, upon written request of the member, finds that the member should be excused from attending a meeting because of illness or the death of a family member.
(c) The members of the board of directors of the authority initially appointed by the Governor shall continue in office for terms of one to four years, respectively, from the date of their appointment and until their respective successors shall be duly appointed and qualified, the term of each appointed member to be designated by the Governor at the time of his appointment; but their successors shall each be appointed for a term of five years, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any appointed member of the board of directors of the authority shall be eligible for reappointment.
(d) The board of directors, in its sole discretion, may appoint its own counsel and legal staff, and appoint such engineering, financial and other consultants and technicians as it may require.
(e) The board of directors shall have full authority to manage the properties and business of the authority, and to prescribe, amend and repeal by-laws, rules and regulations governing the manner in which the business of the authority may be conducted, and the powers granted to it may be exercised and embodied, except for the requirements that the board shall meet monthly to review the applications before it and shall take action on an application within sixty days of the date on which it was filed.
The Department of Commerce2 shall provide staff services including an executive director as agreed upon by the board to the authority for its administration of the act, including liaison between the authority and the Bureau of Minority Business Development (hereinafter authorized) and related organizations, and between the authority and other agencies of the Commonwealth whose facilities and services may be useful to the authority in its work.
The authority is authorized to make reimbursement to the Department of Commerce or to any agency of the Commonwealth for such special expenses as may be incurred in the provision of any services or the use of any facilities required by the authority.
(f) Said members of the board of directors of the authority shall be entitled to no compensation for their services as members, but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members of the board.
(g) Written proxies of members who are members of the General Assembly or who are heads of departments of this Commonwealth shall have the authority to be voted in place of the absent member on all official matters of business coming before the board. The written proxies shall not be used to constitute a quorum. The written proxy shall list the member's votes on each matter scheduled for the meeting.

Credits

1974, July 22, P.L. 598, No. 206, § 4, imd. effective. Amended 1983, Dec. 2, P.L. 252, No. 68, § 1, effective in 60 days; 1984, July 2, P.L. 574, No. 114, § 2, imd. effective; 1988, Jan. 15, P.L. 14, No. 6, § 1, imd. effective.

Footnotes

71 P.S. § 1709.1110 provides that, in place of the membership of the Secretary of Community Affairs on the Pennsylvania Minority Business Development Authority under this section, the Governor shall make an additional appointment.
Now Department of Community and Economic Development. See 71 P.S. § 1709.2103.
73 P.S. § 390.4, PA ST 73 P.S. § 390.4
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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