PARRIS N. GLENDENING, Governor

Ch. 491

(5) (i) The WSSC may conduct any impartial fact-finding study in
connection with a minority business enterprise program for consistency with applicable
law.

(ii) The WSSC shall report the findings of any review completed under
this paragraph to the Montgomery County and Prince George's County Delegations to
the General Assembly.

(6) By September 15, [1996] 2000 1998, the WSSC shall issue [an interim]
A report concerning the [progress] IMPLEMENTATION AND ADMINISTRATION of the
minority business enterprise program THROUGH JUNE 30, 2000 1998, AND APPROPRIATE
RECOMMENDATIONS CONCERNING THE PROGRAM, to the Montgomery County and
Prince George's County Senate and House Delegations TO THE MARYLAND GENERAL
ASSEMBLY.

(7) The provisions of this subsection shall be null and void and may not be
enforced after July 1, [1997] 2001 1999.

3-109.

(a) In this section, "minority business enterprise" means any legal entity that is
organized to engage in commercial transactions and at least 51 percent owned and
controlled by 1 or more individuals who are members of a group that is:

(1) Disadvantaged socially or economically by the effects of past
discrimination, including discrimination as to certification; and

(2) Identified by a study conducted in accordance with this section or a
similar study previously conducted.

(b) By resolution and implementing rules and regulations, the WSSC shall
establish a minority business utilization program to facilitate the participation of
responsible certified minority business enterprises in contracts awarded by the WSSC for
goods and services not covered by § 3-102 of this article if:

(1) The WSSC determines that minority business enterprises are
underrepresented in the award of these contracts due to the effects of past
discrimination; and

(2) The WSSC determines that such a program is necessary to remedy the
effects of past discrimination against minority business enterprises in contracting with the
WSSC.

(c) The rules and regulations that establish the program under subsection (b) of
this section shall include provisions that:

(1) Recognize the certification of minority business enterprises by the State
certification agency designated under § 14-303(b) of the State Finance and Procurement
Article;

(2) Recognize any other certification program that in the judgment of the
WSSC substantially duplicates the requirements of the State certification agency;

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