§ 143‑128.4. Historically underutilized business defined; statewide uniform certification.
(a) As used in thisChapter, the term "historically underutilized business" means abusiness that meets all of the following conditions:
(1) At least fifty‑onepercent (51%) of the business is owned by one or more persons who are membersof at least one of the groups set forth in subsection (b) of this section, orin the case of a corporation, at least fifty‑one percent (51%) of thestock is owned by one or more persons who are members of at least one of thegroups set forth in subsection (b) of this section.
(2) The management anddaily business operations are controlled by one or more owners of the businesswho are members of at least one of the groups set forth in subsection (b) ofthis section.
(a1) As used in thisChapter, the term "minority business" means a historicallyunderutilized business.
(b) To qualify as ahistorically underutilized business under this section, a business must beowned and controlled as set forth in subsection (a) of this section by one ormore citizens or lawful permanent residents of the United States who aremembers of one or more of the following groups:
(1) Black. A personhaving origins in any of the black racial groups of Africa.
(2) Hispanic. A personof Spanish or Portuguese culture having origins in Mexico, South or CentralAmerica, or the Caribbean islands, regardless of race.
(3) Asian American. Aperson having origins in any of the original peoples of the Far East, SoutheastAsia, Asia, Indian continent, or Pacific islands.
(4) American Indian. Aperson having origins in any of the original Indian peoples of North America.
(5) Female.
(6) Disabled. A personwith a disability as defined in G.S. 168‑1 or G.S. 168A‑3.
(7) Disadvantaged. Aperson who is socially and economically disadvantaged as defined in 15 U.S.C. §637.
(c) In addition to thepowers and duties provided in G.S. 143‑49, the Secretary ofAdministration shall have the power, authority, and duty to:
(1) Develop andadminister a statewide uniform program for: (i) the certification of ahistorically underutilized business, as defined in this section, for use byState departments, agencies, and institutions, and political subdivisions ofthe State; and (ii) the creation and maintenance of a database of thebusinesses certified as historically underutilized businesses.
(2) Adopt rules andprocedures for the statewide uniform certification of historicallyunderutilized businesses.
(3) Provide for thecertification of all businesses designated as historically underutilizedbusinesses to be used by State departments, agencies, and institutions, andpolitical subdivisions of the State.
(d) The Secretary ofAdministration shall seek input from State departments, agencies, andinstitutions, political subdivisions of the State, and any other entity deemedappropriate to determine the qualifications and criteria for statewide uniformcertification of historically underutilized businesses.
(e) Only businessescertified in accordance with this section shall be considered by Statedepartments, agencies, and institutions, and political subdivisions of theState as historically underutilized businesses for minority businessparticipation purposes under this Chapter. (2005‑270, s. 3; 2007‑392, s. 4; 2009‑243,s. 3.)
§ 143‑128.4. Historically underutilized business defined; statewide uniform certification.
(a) As used in thisChapter, the term "historically underutilized business" means abusiness that meets all of the following conditions:
(1) At least fifty‑onepercent (51%) of the business is owned by one or more persons who are membersof at least one of the groups set forth in subsection (b) of this section, orin the case of a corporation, at least fifty‑one percent (51%) of thestock is owned by one or more persons who are members of at least one of thegroups set forth in subsection (b) of this section.
(2) The management anddaily business operations are controlled by one or more owners of the businesswho are members of at least one of the groups set forth in subsection (b) ofthis section.
(a1) As used in thisChapter, the term "minority business" means a historicallyunderutilized business.
(b) To qualify as ahistorically underutilized business under this section, a business must beowned and controlled as set forth in subsection (a) of this section by one ormore citizens or lawful permanent residents of the United States who aremembers of one or more of the following groups:
(1) Black. A personhaving origins in any of the black racial groups of Africa.
(2) Hispanic. A personof Spanish or Portuguese culture having origins in Mexico, South or CentralAmerica, or the Caribbean islands, regardless of race.
(3) Asian American. Aperson having origins in any of the original peoples of the Far East, SoutheastAsia, Asia, Indian continent, or Pacific islands.
(4) American Indian. Aperson having origins in any of the original Indian peoples of North America.
(5) Female.
(6) Disabled. A personwith a disability as defined in G.S. 168‑1 or G.S. 168A‑3.
(7) Disadvantaged. Aperson who is socially and economically disadvantaged as defined in 15 U.S.C. §637.
(c) In addition to thepowers and duties provided in G.S. 143‑49, the Secretary ofAdministration shall have the power, authority, and duty to:
(1) Develop andadminister a statewide uniform program for: (i) the certification of ahistorically underutilized business, as defined in this section, for use byState departments, agencies, and institutions, and political subdivisions ofthe State; and (ii) the creation and maintenance of a database of thebusinesses certified as historically underutilized businesses.
(2) Adopt rules andprocedures for the statewide uniform certification of historicallyunderutilized businesses.
(3) Provide for thecertification of all businesses designated as historically underutilizedbusinesses to be used by State departments, agencies, and institutions, andpolitical subdivisions of the State.
(d) The Secretary ofAdministration shall seek input from State departments, agencies, andinstitutions, political subdivisions of the State, and any other entity deemedappropriate to determine the qualifications and criteria for statewide uniformcertification of historically underutilized businesses.
(e) Only businessescertified in accordance with this section shall be considered by Statedepartments, agencies, and institutions, and political subdivisions of theState as historically underutilized businesses for minority businessparticipation purposes under this Chapter. (2005‑270, s. 3; 2007‑392, s. 4; 2009‑243,s. 3.)
§ 143‑128.4. Historically underutilized business defined; statewide uniform certification.
(a) As used in thisChapter, the term "historically underutilized business" means abusiness that meets all of the following conditions:
(1) At least fifty‑onepercent (51%) of the business is owned by one or more persons who are membersof at least one of the groups set forth in subsection (b) of this section, orin the case of a corporation, at least fifty‑one percent (51%) of thestock is owned by one or more persons who are members of at least one of thegroups set forth in subsection (b) of this section.
(2) The management anddaily business operations are controlled by one or more owners of the businesswho are members of at least one of the groups set forth in subsection (b) ofthis section.
(a1) As used in thisChapter, the term "minority business" means a historicallyunderutilized business.
(b) To qualify as ahistorically underutilized business under this section, a business must beowned and controlled as set forth in subsection (a) of this section by one ormore citizens or lawful permanent residents of the United States who aremembers of one or more of the following groups:
(1) Black. A personhaving origins in any of the black racial groups of Africa.
(2) Hispanic. A personof Spanish or Portuguese culture having origins in Mexico, South or CentralAmerica, or the Caribbean islands, regardless of race.
(3) Asian American. Aperson having origins in any of the original peoples of the Far East, SoutheastAsia, Asia, Indian continent, or Pacific islands.
(4) American Indian. Aperson having origins in any of the original Indian peoples of North America.
(5) Female.
(6) Disabled. A personwith a disability as defined in G.S. 168‑1 or G.S. 168A‑3.
(7) Disadvantaged. Aperson who is socially and economically disadvantaged as defined in 15 U.S.C. §637.
(c) In addition to thepowers and duties provided in G.S. 143‑49, the Secretary ofAdministration shall have the power, authority, and duty to:
(1) Develop andadminister a statewide uniform program for: (i) the certification of ahistorically underutilized business, as defined in this section, for use byState departments, agencies, and institutions, and political subdivisions ofthe State; and (ii) the creation and maintenance of a database of thebusinesses certified as historically underutilized businesses.
(2) Adopt rules andprocedures for the statewide uniform certification of historicallyunderutilized businesses.
(3) Provide for thecertification of all businesses designated as historically underutilizedbusinesses to be used by State departments, agencies, and institutions, andpolitical subdivisions of the State.
(d) The Secretary ofAdministration shall seek input from State departments, agencies, andinstitutions, political subdivisions of the State, and any other entity deemedappropriate to determine the qualifications and criteria for statewide uniformcertification of historically underutilized businesses.
(e) Only businessescertified in accordance with this section shall be considered by Statedepartments, agencies, and institutions, and political subdivisions of theState as historically underutilized businesses for minority businessparticipation purposes under this Chapter. (2005‑270, s. 3; 2007‑392, s. 4; 2009‑243,s. 3.)
