§ 63A-19. Goals for participation by minorities, women, and the disabled. - North Carolina Statutes

§63A‑19.  Goals for participation by minorities, women, and the disabled.

(a)        The Authority shallverify its efforts to achieve the goals established in this section forparticipation by minority business enterprises, women's business enterprises,and disabled business enterprises in the total value of contracts awarded bythe Authority in each of the following categories:

(1)        Contracts forcapital construction or repair projects.

(2)        Contracts for goods.

(3)        Contracts forprofessional and other services.

(b)        The goals for theAuthority are as follows:

(1)        Ten percent (10%)participation by minority business enterprises.

(2)        Five percent (5%)participation by women's business enterprises.

(3)        Two percent (2%)participation by disabled business enterprises.

In determining participationin contract awards, a contract shall be counted as participation by a minoritybusiness enterprise without regard to the gender of the owner, but only if thebusiness does not qualify as a disabled business enterprise.  A contract shallbe counted as participation by a women's business enterprise only if thebusiness does not also qualify as a disabled business enterprise.  A contractshall be counted as participation by a disabled business enterprise withoutregard to the race or gender of the owner.  The goals in this section, insteadof any goals in Article 8 of Chapter 143 of the General Statutes, apply to theAuthority.  With respect to projects for which the Authority would not receivefederal funds if it adhered to the goals in this section because the goals arecontrary to or are inconsistent with 14 C.F.R. Part 152, Subpart E,Nondiscrimination in Airport Aid Program, the federal law and regulationssupersede this section to the extent it is contrary to or inconsistent with thefederal law and regulations.

(c)        The followingdefinitions apply in this section:

(1)        Disabled businessenterprise. – A legal entity, other than a joint venture, that is organized toengage in commercial transactions and is at least fifty‑one percent (51%)owned and controlled by one or more disabled persons.

(2)        Disabled person. – Ahandicapped person as defined in G.S. 168A‑3.

(3)        Minority businessenterprise. – A legal entity, other than a joint venture, that is organized toengage in commercial transactions and is at least fifty‑one percent (51%)owned and controlled by one or more minority persons.

(4)        Minority person. – Amember of one of the following groups: African‑Americans, Hispanic‑Americans,American Indians, or Asian‑Americans.

(5)        Women's businessenterprise means a legal entity, other than a joint venture, that is organizedto engage in commercial transactions and is at least fifty‑one percentowned and controlled by one or more women.  (1991, c. 749, s. 1.)