Ch. 449                                    2004 LAWS OF MARYLAND

(2) THIS SECTION DOES NOT APPLY TO FINANCIAL ASSISTANCE USED
SOLELY FOR THE PURPOSE OF ACQUIRING REAL PROPERTY OR STRUCTURES ON
REAL PROPERTY.

(B)     WITH RESPECT TO FINANCIAL ASSISTANCE UNDER THIS SUBTITLE TO A
LOCAL GOVERNMENT:

(1)      IF THE LOCAL GOVERNMENT HAS A PROGRAM FOR PROMOTING
PROCUREMENT OPPORTUNITIES AMONG MINORITY BUSINESSES THAT IS
ACCEPTABLE TO THE DEPARTMENT, THE LOCAL GOVERNMENT SHALL APPLY THE
REQUIREMENTS OF THAT PROGRAM TO THE PROCUREMENT OF GOODS OR SERVICES
MADE WITH THE PROCEEDS FROM THE FINANCIAL ASSISTANCE; BUT

(2)      IF THE LOCAL GOVERNMENT DOES NOT HAVE A PROGRAM THAT IS
ACCEPTABLE TO THE DEPARTMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION,
THE LOCAL GOVERNMENT IS SUBJECT TO SUBSECTION (C) OF THIS SECTION.

(C)     (1) IN THIS SUBSECTION, "MINORITY BUSINESS ENTERPRISE" MEANS:

(I) AN INDIVIDUAL WHO HAS A SOCIAL OR ECONOMIC
IMPEDIMENT THAT:

1. IS BEYOND THE PERSONAL CONTROL OF THE INDIVIDUAL,
SUCH AS FINANCIAL CAPACITY, GEOGRAPHICAL OR REGIONAL ECONOMIC DISTRESS,
OR LACK OF FORMAL EDUCATION; AND

2. DOES NOT LIMIT THE ABILITY OF THE INDIVIDUAL TO
PROVIDE THE REQUIRED GOODS OR SERVICES; OR

(II) A BUSINESS ENTITY THAT IS AT LEAST 51% OWNED AND
CONTROLLED BY INDIVIDUALS WHO MEET THE STANDARDS UNDER ITEM (I) OF THIS
PARAGRAPH HAS THE MEANING STATED IN § 14-301 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE.

(2)      WITH RESPECT TO FINANCIAL ASSISTANCE UNDER THIS SUBTITLE
TO AN ENTITY OTHER THAN A LOCAL GOVERNMENT, THE ENTITY SHALL AGREE TO
INCLUDE IN THE AGREEMENT PROVIDING THE FINANCIAL ASSISTANCE A PROVISION
ACCEPTABLE TO THE DEPARTMENT THAT WOULD ENCOURAGE THE PROCUREMENT
FROM MINORITY BUSINESS ENTERPRISES OF GOODS OR SERVICES PURCHASED WITH
THE PROCEEDS FROM THE FINANCIAL ASSISTANCE.

(3)      IN NEGOTIATING THE PROVISION REQUIRED UNDER PARAGRAPH (2)
OF THIS SUBSECTION, THE DEPARTMENT SHALL TAKE INTO ACCOUNT RELEVANT
FACTORS, INCLUDING:

(I)      THE INTENDED USE OF THE PROCEEDS FROM THE FINANCIAL
ASSISTANCE; AND

(II)     THE FEASIBILITY OF OBTAINING THE REQUIRED GOODS OR
SERVICES FROM MINORITY BUSINESS ENTERPRISES.

(D)     THE DEPARTMENT MAY REQUIRE THAT A RECIPIENT OF FINANCIAL
ASSISTANCE UNDER THIS SUBTITLE SUBMIT TO THE DEPARTMENT A LIST, OR AN

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