Definitions.

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As used in this part 10, unless the context otherwise requires:

  1. "Contract" has the same meaning as set forth in section 24-101-301 (9) and includespublic-private partnerships and other agreements for public-private financing.

  2. "Contractor" means any person who is a party to a contract.

  3. "Historically underutilized business" means a business:

(a) That is at least fifty-one percent owned by one or more individuals who are: (I) United States citizens or permanent resident aliens; and (II) One or more of the following:

  1. Members of a racial or ethnic minority group;

  2. Non-Hispanic Caucasian women;

  3. Persons with physical or mental disabilities; or

  4. Members of the lesbian, gay, bisexual, and transgender community; and

(b) For which the minority ownership controls both the management and day-to-day business decisions.

(4) "Persons with physical or mental disabilities" means persons who:

  1. Have impairments that substantially limit one or more major life activities;

  2. Are regarded generally by the community as having a disability; and

  3. Whose disabilities substantially limit their abilities to engage in competitive business.

(5) "Racial or ethnic minority group" means:

  1. African American persons, meaning individuals having origins in any of the blackracial groups;

  2. Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban,Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

  3. Asian American persons, including persons whose origins are from Japan, China,Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or

  4. Native American persons, including persons who are American Indians, Eskimos,Aleuts, or Hawaiians of Polynesian descent.

(6) "Subcontractor" means any person who is a party to a contract with a contractor.

Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3414, § 1, effective July 1.


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