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Session Laws, 2004
Volume 801, Page 2091   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 449

UPDATED LIST, OF THE MINORITY BUSINESS ENTERPRISES FROM WHICH GOODS OR
SERVICES WERE PROCURED AND THE NATURE AND DOLLAR AMOUNT OF THE GOODS
OR SERVICES.

Article - State Finance and Procurement

7-314.                                                                                                                       

(Q) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(II)     "FINANCIAL ASSISTANCE" MEANS A GRANT, LOAN, OR
INVESTMENT PROVIDED UNDER THIS SUBSECTION THAT EXCEEDS $100,000.

(III)   "POLITICAL SUBDIVISION" INCLUDES AN AGENCY OR OTHER
INSTRUMENTALITY OF THE POLITICAL SUBDIVISION.

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

(3)      WITH RESPECT TO FINANCIAL ASSISTANCE UNDER THIS SECTION TO
A POLITICAL SUBDIVISION:

(I)      IF THE POLITICAL SUBDIVISION HAS A PROGRAM FOR
PROMOTING PROCUREMENT OPPORTUNITIES AMONG MINORITY BUSINESSES THAT
IS ACCEPTABLE TO THE DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT,
THE POLITICAL SUBDIVISION SHALL APPLY THE REQUIREMENTS OF THAT PROGRAM
TO THE PROCUREMENT OF GOODS OR SERVICES MADE WITH THE PROCEEDS FROM
THE FINANCIAL ASSISTANCE; BUT

(II)     IF THE POLITICAL SUBDIVISION DOES NOT HAVE A PROGRAM
THAT IS ACCEPTABLE TO THE DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE POLITICAL
SUBDIVISION IS SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION.

(4)      (I) IN THIS PARAGRAPH, "MINORITY BUSINESS ENTERPRISE"
MEANS:

1. AN INDIVIDUAL WHO HAS A SOCIAL OR ECONOMIC
IMPEDIMENT THAT:

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

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

2. A BUSINESS ENTITY THAT IS AT LEAST 51% OWNED AND
CONTROLLED BY INDIVIDUALS WHO MEET THE STANDARDS UNDER ITEM 1 OF THIS
SUBPARAGRAPH
HAS THE MEANING STATED IN § 14-301 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE.

- 2091 -

 

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Session Laws, 2004
Volume 801, Page 2091   View pdf image
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