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.