303 - Minority and women-owned business participation.
§ 303. Minority and women-owned business participation. (a) General rule.--In administering the provisions of this title, the department and any local transportation organization shall: (1) Be responsible for ensuring that all competitive contract opportunities issued by the department or local transportation organization seek to maximize participation by minority-owned and women-owned businesses and other disadvantaged businesses. (2) Give consideration, when possible and cost effective, to contractors offering to utilize minority-owned and women-owned businesses and disadvantaged businesses in the selection and award of contracts. (3) Ensure that the department's and local transportation organizations' commitment to the minority- owned and women-owned business program is clearly understood and appropriately implemented and enforced by all department and local transportation organization employees. (4) Designate a responsible official to supervise the department and local transportation organization minority- owned and women-owned business program and ensure compliance within the department or local transportation organization. (5) Furnish the Department of General Services, upon request, all requested information or assistance. (6) Recommend sanctions to the Secretary of General Services, as may be appropriate, against businesses that fail to comply with the policies of the Commonwealth minority- owned and women-owned business program. This paragraph shall not apply to a local transportation organization. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Disadvantaged business." A business that is owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias. "Local transportation organization." Any of the following: (1) A political subdivision or a public transportation authority, port authority or redevelopment authority organized under the laws of this Commonwealth or pursuant to an interstate compact or otherwise empowered to render, contract for the rendering of or assist in the rendering of transportation service in a limited area in this Commonwealth, even though it may also render or assist in rendering transportation service in adjacent states. (2) A nonprofit association that directly or indirectly provides public transportation service. (3) A nonprofit association of public transportation providers operating within this Commonwealth. "Minority-owned business." A business owned and controlled by a majority of individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders. "Women-owned business." A business owned and controlled by a majority of individuals who are women. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 303. Section 11.1 of Act 44 provided that section 303 shall be retroactive to July 1, 2007.