2110

LAWS OF MARYLAND

Ch. 506

Assembly of 1980) be repealed, amended, or enacted to read
as follows:

Article 21 - Procurement

8-601.

(a)  In this subtitle the following words have the
meanings indicated:

(1)  "Department" means the University of
Maryland, the Departments of General Services, and
Transportation, the University of Maryland, the Maryland
Food Authority, and OR the Interagency Committee on Public
School Construction.

(2)  "Minority business enterprise" means any
legal entity, other than a joint venture, organized to
engage in commercial transactions which is at least 51
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 subtitle includes Blacks (not of
Hispanic origin), Hispanics, American Indians, Alaska
natives, Asians, Pacific Islanders, women, and the
physically or mentally disabled.

(4) "CERTIFICATION" MEANS AN OFFICIAL

DETERMINATION BY A STATE AGENCY THAT ANY LEGAL ENTITY IS A
MINORITY BUSINESS ENTERPRISE FOR PURPOSES OF THIS SUBTITLE.

(4)  "CERTIFICATION" MEANS THE DETERMINATION,
THROUGH WHATEVER PROCEDURE IS USED BY A DEPARTMENT, THAT A
LEGAL ENTITY IS A MINORITY BUSINESS ENTERPRISE FOR PURPOSES
OF THIS SUBTITLE.

(5)  "PERSON" MEANS AN INDIVIDUAL, ASSOCIATION,
SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION.

(b) (1) Each department, except the Department of
Transportation as to construction contracts, shall structure
its procedures for procuring supplies, services, and
construction to attempt to achieve, consistent with the
preamble to this subtitle, the result that a minimum of 10
percent of the total dollar value of such procurements are
made directly or indirectly from minority business
enterprises DETERMINED BY THE DEPARTMENT TO BE MINORITY
BUSINESS ENTERPRISES.

(2) The Department of Transportation shall
structure its procedures for procuring construction to
attempt to achieve, consistent with the preamble to this
subtitle, the result of minority business participation of a
minimum of PARTICIPATION BY BUSINESS ENTERPRISES, DETERMINED