2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4107.2 - Deception relating to certification of minority business enterprise or women's business enterprise.

     § 4107.2.  Deception relating to certification of minority
                business enterprise or women's business enterprise.
        (a)  Offense defined.--A person commits a felony of the third
     degree if, in the course of business, he:
            (1)  Fraudulently obtains or retains certification as a
        minority business enterprise or a 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.
            (3)  Willfully obstructs or impedes any agency official
        or employee who is investigating the qualifications of a
        business entity which has requested certification as a
        minority business enterprise or a women's business
        enterprise.
            (4)  Fraudulently obtains public moneys reserved for or
        allocated or available to minority business enterprises or
        women's business enterprises.
        (b)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "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:
            (1)  A sole proprietorship, owned and controlled by a
        socially and economically disadvantaged individual.
            (2)  A partnership or joint venture controlled by
        socially and economically disadvantaged individuals in which
        51% of the beneficial ownership interest is held by socially
        and economically disadvantaged individuals.
            (3)  A corporation or other entity controlled by socially
        and economically disadvantaged individuals in which at least
        51% of the voting interest and 51% of the beneficial
        ownership interest are held by socially and economically
        disadvantaged individuals.
        "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.
     (Dec. 21, 1984, P.L.1210, No.230, eff. 60 days)

        1984 Amendment.  Act 230 added section 4107.2.