§4710.28. Minority businesses
A. To provide equal procurement, contractual, and employment participation in any
expansion project, as defined in R.S. 33:4710.24, the authority shall prescribe rules and
regulations as may be necessary to provide for the following protections for the rights of
minority citizens:
(1) To designate and set aside for awarding to minority businesses not less than thirty
percent of anticipated local procurement of goods and services respectively, including
contracts for professional services but excluding construction, for any expansion project,
based upon the total value of such procurement.
(2) To designate and set aside for awarding to minority contractors not less than
twenty percent of the construction contracts for any expansion project, based upon the total
value of such contracts.
(3) To establish an affirmative action plan for the hiring and maintenance of
personnel for any expansion project.
(4) To establish an affirmative action plan to guarantee that equal opportunity in
employment is incorporated into each agreement or contract with any provider of services
to the authority for any expansion project.
(5) To prescribe and promulgate rules and regulations to provide for effective
enforcement of the rights granted in this Section including injunctive relief and penalties for
violations.
(6) To prescribe and promulgate rules and regulations for the certification of
businesses as bona fide minority businesses or minority contractors.
B. For purposes of this Section, the following definitions apply:
(1) "Minority" means a person who is a citizen or lawful permanent resident of the
United States and who is:
(a) Black: having origins in any of the black racial groups of Africa.
(b) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish or Portuguese culture or origin regardless of race.
(c) Asian American: having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian subcontinent, or the Pacific Islands.
(d) American Indian or Alaskan Native: having origins in any of the original peoples
of North America.
(2) "Minority business" or "minority contractor" means a small business organized
for profit performing a commercially useful function which is owned and controlled by one
or more minority individuals or a minority enterprise as defined in R.S. 39:1952. "Owned
and controlled" means a business in which one or more minorities or minority business
enterprises own at least fifty-one percent or in the case of a corporation at least fifty-one
percent of the voting stock and control at least fifty-one percent of the management and daily
operations of the business.
Acts 2019, No. 172, §1.