PRINTER'S NO. 1216
No. 933 Session of 2003
INTRODUCED BY C. WILLIAMS, SCHWARTZ, O'PAKE, WAGNER, MUSTO, KITCHEN, TARTAGLIONE, ERICKSON, COSTA AND ORIE, OCTOBER 8, 2003
REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT, OCTOBER 8, 2003
AN ACT 1 Establishing the Women's Business Ownership Council; providing 2 for its powers and duties; and making an appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Women's 7 Business Ownership Act. 8 Section 2. Women's Business Ownership Council. 9 (a) Council established.--There is established within the 10 Department of Community and Economic Development the Women's 11 Business Ownership Council. The council shall consist of ten 12 members, with five persons appointed by the Governor, one person 13 appointed by the Majority Leader of the Senate, one person 14 appointed by the Minority Leader of the Senate, one person 15 appointed by the Majority Leader of the House of 16 Representatives, one person appointed by the Minority Leader of 17 the House of Representatives and one person appointed by the
1 Governor from the Pennsylvania Commission for Women. 2 (b) Qualifications of council members.--Appointed members 3 shall be uniquely qualified by education, professional knowledge 4 or experience to serve on the council and shall reflect the 5 ethnic, cultural and geographic diversity of this Commonwealth. 6 Of the ten members, at least five shall be women business 7 owners. For purposes of this act, a woman business owner shall 8 be defined as a woman who is either: 9 (1) the principal of a company or business concern, 51% 10 of which is owned, operated and controlled by women; or 11 (2) a senior officer or director of a company or 12 business concern who also has either: 13 (i) material responsibility for the daily operations 14 and management of the overall company or business 15 concern; or 16 (ii) material responsibility for the policymaking of 17 the company or business concern. 18 (c) Initial appointment.--Of the initial appointments, 19 members shall be randomly assigned to staggered terms, four 20 members shall be appointed for a term of three years, three 21 members shall be appointed for a term of two years and three 22 members shall be appointed for a term of one year. Upon the 23 expiration of each member's term, a successor shall be appointed 24 for a term of three years. 25 (d) Vacancy in office.--In the case of a vacancy in the 26 office of any member, a successor shall be appointed for the 27 remainder of the unexpired term by the person designated as 28 responsible for making the appointment. No member shall serve 29 more than three consecutive terms. Members shall serve without 30 compensation but shall be reimbursed for expenses incurred in 20030S0933B1216 - 2 -
1 connection with the performance of their duties as members. 2 (e) Chairperson.--One of the members shall be designated as 3 chairperson by the Governor. In the event the Governor does not 4 appoint the chairperson within 60 days after the effective date 5 of this act, the council shall convene and elect a chairperson 6 by a simple majority vote. Upon a vacancy in the position of 7 chairperson, the Governor shall have 30 days from the date of 8 the resignation to appoint a new chairperson. In the event the 9 Governor does not appoint a new chairperson within 30 days, the 10 council shall convene and elect a new chairperson by a simple 11 majority vote. 12 (f) First meeting of council.--The first meeting of the 13 council shall be held within 90 days after the effective date of 14 this act. The council shall meet quarterly and may hold other 15 meetings on the call of the chairperson. Six members shall 16 constitute a quorum. The council may adopt rules it deems 17 necessary to govern its own procedures. The Department of 18 Community and Economic Development shall cooperate with the 19 council to fulfill the purposes of this act and shall provide 20 the council with necessary staff and administrative support. 21 (g) Fund.--The council may apply for grants from the public 22 and private sector and is authorized to accept grants, gifts and 23 donations which shall be deposited into a special fund in the 24 State Treasury to be known as the Women's Business Ownership 25 Fund. 26 (h) Executive director.--The women's business advocate shall 27 serve as executive director of the council. 28 Section 3. Duties and responsibilities of council. 29 (a) Hearings.--The council shall conduct hearings, as 30 necessary, and issue an annual report to the Governor and the 20030S0933B1216 - 3 -
1 General Assembly regarding the status of women business owners 2 within this Commonwealth. In that regard, the council shall 3 review the following: 4 (1) The status of women-owned businesses Statewide, 5 including progress made and barriers that remain, in order to 6 assist these businesses to enter the mainstream of the 7 Pennsylvania economy. 8 (2) The role of State and local government in assisting 9 and promoting aid to and the promotion of women-owned 10 businesses. 11 (3) Data collected by private and public sector entities 12 relating to women-owned businesses. 13 (4) Any other government initiatives that may exist 14 relating to women-owned businesses, including, but not 15 limited to, those relating to State and local procurement. 16 (b) Council recommendation.--The council shall recommend to 17 the Governor and the General Assembly, on an annual basis, all 18 of the following: 19 (1) New private sector initiatives that would provide 20 management and technical assistance to women-owned 21 businesses. 22 (2) Ways to promote greater access to public and private 23 sector financing and procurement opportunities for these 24 businesses. 25 (3) Detailed multiyear plans of action with specific 26 goals and timetables for both public and private sector 27 actions needed to overcome discriminatory barriers to full 28 participation in the economic mainstream. 29 (c) Information from State agencies.--The council may hold 30 hearings, take testimony and request information from State 20030S0933B1216 - 4 -
1 agencies. 2 Section 4. Appropriation. 3 The sum of $25,000, or as much thereof as may be necessary, 4 is hereby appropriated to the Department of Community and 5 Economic Development for the fiscal year July 1, 2004, to June 6 30, 2005, to carry out the provisions of this act. 7 Section 5. Effective date. 8 This act shall take effect in 60 days. I25L71MEP/20030S0933B1216 - 5 -