§ 37-14.1-3 - Definitions.
SECTION 37-14.1-3
§ 37-14.1-3 Definitions. – (a) "Affirmative action" means taking specific steps to eliminatediscrimination and its effects, to ensure nondiscriminatory results andpractices in the future, and to involve minority business enterprises fully incontracts and programs funded by the state.
(b) "Compliance" means the condition existing when acontractor has met and implemented the requirements of this chapter.
(c) "Contract" means a mutually binding legal relationship orany modification thereof obligating the seller to furnish supplies or services,including construction, and the buyer to pay for them. For purposes of thischapter, a lease is a contract.
(d) "Contractor" means one who participates, through acontract or subcontract, in any procurement or program covered by this chapterand includes lessees and material suppliers.
(e) "Minority" means a person who is a citizen or lawfulpermanent resident of the United States and who is:
(1) Black (a person having origins in any of the black racialgroups of Africa);
(2) Hispanic (a person of Mexican, Puerto Rican, Cuban,Central or South American, or other Spanish culture or origin, regardless ofrace);
(3) Portuguese (a person of Portuguese, Brazilian, or otherPortuguese culture or origin, regardless of race);
(4) Asian American (a person having origins in any of theoriginal peoples of the Far East, Southeast Asia, the Indian subcontinent, orthe Pacific Islands);
(5) American Indian and Alaskan Native (a person havingorigins in any of the original peoples of North America); or
(6) Members of other groups or other individuals found to beeconomically and socially disadvantaged by the Small Business Administrationunder § 8(a) of the Small Business Act, as amended, 15 U.S.C. §637(a).
(f) "Minority business enterprise" or "MBE" means a smallbusiness concern, as defined pursuant to § 3 of the federal Small BusinessAct, 15 U.S.C. § 632, and implementing regulations, which is owned andcontrolled by one or more minorities or women. For the purposes of thischapter, owned and controlled means a business:
(1) Which is at least fifty-one percent (51%) owned by one ormore minorities or women or, in the case of a publicly owned business, at leastfifty-one percent (51%) of the stock of which is owned by one or moreminorities or women; and
(2) Whose management and daily business operations arecontrolled by one or more such individuals.
(g) "MBE coordinator" means the official designated to haveoverall responsibility for promotion of minority business enterprise in his orher departmental element.
(h) "Noncompliance" means the condition existing when arecipient or contractor has failed to implement the requirements of thischapter.