§ 4107.2. Deception relating to certification of minority business enterprise or women's bu...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and Offenses
18 Pa.C.S.A. § 4107.2
§ 4107.2. Deception relating to certification of minority business enterprise or women's business enterprise
(2) Willfully makes a false statement, whether by affidavit, report or other representation, to an official or employee of a public body for the purpose of influencing the certification or denial of certification of any business entity as a minority business enterprise or a women's business enterprise.
“Certification.” A determination made by a public body that a business entity is a minority business enterprise or a women's business enterprise for whatever purpose.
“Control.” The exclusive or ultimate and sole control of the business including, but not limited to, capital investment and all other financial, property, acquisition, contract negotiation, legal matters, officer-director-employee selection and comprehensive hiring, operating responsibility, cost-control matters, income and dividend matters, financial transactions and rights of other shareholders or joint partners. Control shall be real, substantial and continuing not pro forma. Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management and operations. Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business and control shall not include simple majority or absentee ownership. Further, control by a socially and economically disadvantaged individual or woman shall not be deemed to exist in any case where any nonminority owner or employee of the business is disproportionately responsible for the operation of the firm.
“Minority business enterprise.” A small business concern which is:
“Public body.” A department, bureau, agency, commission or other instrumentality of the Commonwealth, political subdivision, municipal authority or any wholly or partially owned government corporation which enters into contracts.
“Socially and economically disadvantaged individuals.” Persons who are citizens of the United States and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, women and other minorities or persons found to be disadvantaged by the Small Business Administration pursuant to the Small Business Act (15 U.S.C. § 631 et seq.).
“Women's business enterprise.” A small business concern which is at least 51% owned and controlled by women, or, in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more women and whose management and daily business operations are controlled by one or more of the women who own it.
1984, Dec. 21, P.L. 1210, No. 230, § 4, effective in 60 days.
18 Pa.C.S.A. § 4107.2, PA ST 18 Pa.C.S.A. § 4107.2
Current through 2021 Regular Session Act 90. Some statute sections may be more current, see credits for details.
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