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PARRIS N. GLENDENING, Governor
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Ch. 387
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1. Newly formed businesses and businesses whose ownership
or control has changed since the date of the advertisement of the contract are closely
scrutinized to determine the reasons for the timing of the formation of or change in
the businesses;
2. A previous or continuing employer-employee relationship
between or among present owners is carefully reviewed to ensure that the
employee-owner has management responsibilities and capabilities discussed in this
section; and
3. Any relationship between a minority business enterprise
and a business which is not a minority business enterprise which has an interest in
the minority business enterprise is carefully reviewed to determine if the interest of
the nonminority business conflicts with the ownership and control requirements of
this section.
(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, 2001,] 15 OF EACH YEAR, the WSSC shall issue a
report concerning the implementation and administration of the minority business
enterprise program [through] FOR THE FISCAL YEAR ENDING ON THE PRECEDING
June 30, [2001,] 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, [2002] 2005.
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:
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- 3031 -
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