O.C.G.A.

O.C.G.A. § 50-5-131 (2019)

[Effective January 1, 2024. See note.] Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this part, the term:

(1) “Minority” means an individual who is a member of a race which comprises less than 50 percent of the total population of the state and is:

(A) Black;

(B) Hispanic;

(D) Native American; or

(E) Asian-Indian American.

(2) “Minority business enterprise” means a business which is owned and controlled by one or more minorities; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.

(3) “Owned and controlled” means a business:

(A) Which is at least 51 percent owned by one or more minorities, women, or veterans or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities, women, or veterans; and

(B) Whose management and daily business operations are controlled by one or more minorities, women, or veterans.

(4) “Veteran” means an individual who:

(A) Served on active duty with the Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard for any length of time and did not receive a dishonorable discharge; or

(B) Was a reservist or member of the National Guard who was called to federal active duty.

(5) “Veteran owned business” means a business which is owned and controlled by one or more veterans; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.

(6) “Women owned business” means a business which is owned and controlled by one or more women; authorized to do and is doing business under the laws of this state; paying all taxes duly assessed; and domiciled within this state.

History

Code 1981, § 50-5-131, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. Delayed effective date. Code Section 50-5-131 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, rewrote this Code section, which read: “As used in this part, the term: “(1) ‘Minority’ means an individual who is a member of a race which comprises less than 50 percent of the total population of the state.

“(2) ‘Minority business enterprise’ means a small business concern which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. “(3) ‘Owned and controlled’ means a business: “(A) Which is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and “(B) Whose management and daily business operations are controlled by one or more minorities.”