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Session Laws, 1978
Volume 736, Page 1831   View pdf image
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BLAIR LEE III, Acting Governor                            1831

INTERAGENCY COMMITTEE ON PUBLIC SCHOOL CONSTRUCTION.

(2) "MINORITY BUSINESS" MEANS A BUSINESS

ENTERPRISE THAT IS OWNED OR CONTROLLED BY ONE OR MORE

SOCIALLY OR ECONOMICALLY DISADVANTAGED PERSONS. THESE

DISADVANTAGES MAY ARISE FROM CULTURAL, SOCIAL, CHRONIC

ECONOMIC CIRCUMSTANCES OR BACKGROUND OR OTHER SIMILAR

CAUSES. THESE INDIVIDUALS INCLUDE, BUT ARE NOT LIMITED TO,

NEGROES, PUERTO RICANS, SPANISH SPEAKING AMERICANS, AMERICAN
INDIANS, ESKIMOS, AND ALEUTS.

(B) THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT,

AND SERVICES, INCLUDING CONSTRUCTION SERVICES, BY EACH

DEPARTMENT SHALL INCLUDE PURCHASES FROM MINORITY BUSINESSES

EQUALLING AT LEAST 10 PERCENT BY DOLLAR VALUE OF ALL

PURCHASES BY EACH DEPARTMENT FOR EACH FISCAL YEAR BEGINNING
ON JULY 1, 1979.

(C) IN COMPLYING WITH THIS 10 PERCENT PURCHASE

REQUIREMENT, A DEPARTMENT MAY INCLUDE THE COST OF

SUBCONTRACTS LET BY THE PRIME CONTRACTOR TO MINORITY

BUSINESSES.

(2) "MINORITY BUSINESS ENTERPRISE" MEANS ANY

LEGAL ENTITY, OTHER THAN A JOINT VENTURE, ORGANIZED TO

ENGAGE IN COMMERCIAL TRANSACTIONS WHICH IS AT LEAST 5

PERCENT OWNED AND CONTROLLED BY ONE OR MORE MINORITY

PERSONS, OR A NONPROFIT ENTITY ORGANIZED TO PROMOTE THE
INTERESTS OF THE PHYSICALLY OR MENTALLY DISABLED.

(3) "MINORITY PERSON" MEANS A MEMBER OF A

SOCIALLY OR ECONOMICALLY DISADVANTAGED MINORITY GROUP, WHICH

FOR PURPOSES OF THIS SECTION INCLUDES BLACKS (NOT OF

HISPANIC ORIGIN), HISPANICS, AMERICAN INDIANS, ALASKA

NATIVES, ASIANS, PACIFIC ISLANDERS, WOMEN, AND THE

PHYSICALLY OR MENTALLY DISABLED.

(B) (1) EACH DEPARTMENT, EXCEPT THE DEPARTMENT OF

TRANSPORTATION, SHALL, STRUCTURE ITS PROCEDURES FOR

PURCHASING___MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES

INCLUDING___CONSTRUCTION SERVICES, TO ATTEMPT TO ACHIEVE,

CONSISTENT WITH THE PREAMBLE TO THIS SECTION, THE RESULT

THAT A MINIMUM OF 10 PERCENT OF THE TOTAL DOLLAR VALUE OF

SUCH PURCHASES ARE MADE DIRECTLY OR INDIRECTLY FROM MINORITY
BUSINESS ENTERPRISES.

(2) THE DEPARTMENT OF TRANSPORTATION SHALL

STRUCTURE ITS PROCEDURES FOR PURCHASING CONSTRUCTION

SERVICES TO ATTEMPT TO ACHIEVE, CONSISTENT WITH THE PREAMBLE

TO THIS SECTION, THE RESULT OF MINORITY BUSINESS

PARTICIPATION OF A MINIMUM OF 10 PERCENT OF THE DOLLAR VALUE

OF CONTRACT IN EXCESS OF $100,000 ON THE PRIME OR

SUBCONTRACT LEVEL. IN SO DOING, THE DEPARTMENT OF

TRANSPORTATION SHALL TAKE INTO CONSIDERATION THE PRACTICAL

SEVERABILITY OF THE CONSTRUCTION SERVICES.

(C) EACH DEPARTMENT SHALL REPORT TO THE GENERAL

ASSEMBLY AND THE STATE OFFICE OF MINORITY BUSINESS

 

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Session Laws, 1978
Volume 736, Page 1831   View pdf image
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