HARRY HUGHES, Governor                               2111

BY THE DEPARTMENT OF TRANSPORTATION TO BE MINORITY BUSINESS
ENTERPRISES, IN THE AMOUNT OF AT LEAST 10 percent of the
dollar value of contracts 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 projects.

(c)  Each department shall report to the General
Assembly and the State Office of Minority Business
Enterprise by July 31 of each year beginning in 1979, the
total number and value of its purchases from minority
business enterprises, and the percentage which those
purchases represent of its total number and value of its
purchases for the preceding fiscal year.

(d)  A department may suspend the provisions of
subsection (b) if it concludes they conflict with any
applicable federal program requirement. Any such suspension
shall be in writing and shall be included with the report
required by subsection (c).

(E) A PERSON MAY NOT FRAUDULENTLY OBTAIN, ATTEMPT TO

OBTAIN, OR AID ANOTHER IN FRAUDULENTLY OBTAINING OR

ATTEMPTING TO OBTAIN, CERTIFICATION AS A MINORITY BUSINESS

ENTERPRISE FOR THE PURPOSES OF THIS SUBTITLE. ANY PERSON

WHO VIOLATES THE PROVISIONS OF THIS SUBSECTION IS GUILTY OF
A FELONY AND UPON CONVICTION IS SUBJECT TO IMPRISONMENT FOR
A PERIOD OF NOT MORE THAN 5 YEARS, OR A FINE OF NOT MORE
THAN $10,000, OR BOTH. FOR PURPOSES OF THIS SECTION, FRAUD
INCLUDES:

(1) WILLFULLY MAKING A FALSE STATEMENT, WHETHER
BY AFFIDAVIT, REPORT, OR OTHER REPRESENTATION, TO A STATE
OFFICIAL OR EMPLOYEE FOR THE PURPOSE OF INFLUENCING THE
CERTIFICATION OR DENIAL OF CERTIFICATION OF ANY ENTITY AS A
MINORITY BUSINESS ENTERPRISE;

(2) WILLFULLY OBSTRUCTING, IMPEDING OR

ATTEMPTING TO OBSTRUCT OR IMPEDE STATE OFFICIALS OR

EMPLOYEES IN ANY INVESTIGATION OF THE QUALIFICATIONS OF ANY

ENTITY PRIOR TO CERTIFICATION AS A MINORITY BUSINESS

ENTERPRISE; OR

(3) WILLFULLY OBSTRUCTING OR ATTEMPTING TO

OBSTRUCT A STATE OFFICIAL OR EMPLOYEE WHO IS INVESTIGATING
ANY ENTITY FOR THE PURPOSE OF DETERMINING THE ENTITY'S

CONTINUED ENTITLEMENT TO CERTIFICATION AS A MINORITY

BUSINESS ENTERPRISE.

(F) A PERSON MAY NOT FRAUDULENTLY OBTAIN, ATTEMPT TO
OBTAIN, OR AID ANOTHER PERSON IN FRAUDULENTLY OBTAINING OR
ATTEMPTING TO OBTAIN, PUBLIC MONEYS TO WHICH THE PERSON IS
NOT ENTITLED UNDER THIS SUBTITLE. ANY PERSON WHO VIOLATES
THE PROVISIONS OF THIS SUBSECTION IS GUILTY OF A FELONY AND
UPON CONVICTION IS SUBJECT TO IMPRISONMENT FOR A PERIOD OF
NOT MORE THAN 5 YEARS, OR A FINE OF NOT MORE THAN $10,000,
OR BOTH.