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