STATE PROCUREMENTS FOR MINORITY OWNED AND WOMAN OWNED BUSINESSES
Act 428 of 1980
450.771 Definitions.
Sec. 1.
As used in this act:
(a) "Controlled" means exercising the power to make policy decisions in a business.
(b) "Department" means a principal department of the executive branch of the state government.
(c) "Expenditures" means payments and contracts for goods, services, and construction which may be acquired competitively and are not regulated by separate authority, and, where the department acts as the sole or primary contracting officer and has selective discretion as to the supplier, vendor, or contractor.
(d) "Joint venture" means an agreement that combines 2 or more businesses for specified purposes involving 1 or more minority owned or woman owned businesses and 1 or more businesses other than a minority owned or woman owned business.
(e) "Minority" means a person who is black, hispanic, oriental, eskimo, or an American Indian who is not less than 1/4 quantum Indian blood as certified by the person's tribal association and verified by the Indian affairs commission.
(f) "Minority owned business" means a business enterprise of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by individuals who are members of a minority and with respect to which more than 50% of the net profit or loss attributable to the business accrues to shareholders who are members of a minority.
(g) "Operated" means the activity of being involved in the day to day management of a business.
(h) "Person" means an individual, sole proprietorship, partnership, association, or corporation.
(i) "Subcontract" means an agreement to share a prime contract between a prime contractor, who is not a minority owned business or a woman owned business, and a minority owned or woman owned business.
(j) "Woman owned business" means a business of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by women and with respect to which more than 50% of the net profit or loss attributable to the business accrues to the women shareholders.
History: 1980, Act 428, Imd. Eff. Jan. 13, 1981
Notes of Decisions
Michigan Road Builders Ass'n, Inc. v. William G. Milliken, 834 F.2d 583 (6th Cir. 1988).
· cites it 4× “Acts 428 (Public Act 428), Mich.Comp. Laws § 450.771, et seq, 1 In particular, the Michigan Road Builders charge that Public Act 428 which “set aside” a portion of state contracts for minority owned businesses (MBEs) and woman owned businesses (WBEs) impinges upon the Equal…”
Michigan Road Builders Ass'n, Inc. v. Milliken, 571 F. Supp. 173 (E.D. Mich. 1983).
· cites it 4× “§ 450.771 et seq. [P.A. 428]. At the same time, Plaintiffs filed a Motion for Preliminary Injunction, in which they asked this Court to enjoin the State from enforcing P.”
Gregory Constr. Co. v. Blanchard, 691 F. Supp. 17 (W.D. Mich. 1988).
· cites it 3× “§ 450.771 et seq. The Act, is designed to promote increased participation by businesses owned and operated by minorities and women in furnishing construction, goods, and services to the executive departments of state government.”
— Mich. Comp. Laws § 450.771(e) — 2 cases
Michigan Road Builders Ass'n, Inc. v. William G. Milliken, 834 F.2d 583 (6th Cir. 1988).
“Acts 428 (Public Act 428), Mich.Comp. Laws § 450.771, et seq, 1 In particular, the Michigan Road Builders charge that Public Act 428 which “set aside” a portion of state contracts for minority owned businesses (MBEs) and woman owned businesses (WBEs) impinges upon the Equal…”
Michigan Road Builders Ass'n, Inc. v. Milliken, 571 F. Supp. 173 (E.D. Mich. 1983).
“§ 450.771 et seq. [P.A. 428]. At the same time, Plaintiffs filed a Motion for Preliminary Injunction, in which they asked this Court to enjoin the State from enforcing P.”
— Mich. Comp. Laws § 450.771(f) — 2 cases
Michigan Road Builders Ass'n, Inc. v. William G. Milliken, 834 F.2d 583 (6th Cir. 1988).
“Acts 428 (Public Act 428), Mich.Comp. Laws § 450.771, et seq, 1 In particular, the Michigan Road Builders charge that Public Act 428 which “set aside” a portion of state contracts for minority owned businesses (MBEs) and woman owned businesses (WBEs) impinges upon the Equal…”
Michigan Road Builders Ass'n, Inc. v. Milliken, 571 F. Supp. 173 (E.D. Mich. 1983).
“§ 450.771 et seq. [P.A. 428]. At the same time, Plaintiffs filed a Motion for Preliminary Injunction, in which they asked this Court to enjoin the State from enforcing P.”
— Mich. Comp. Laws § 450.771(j) — 1 case
Michigan Road Builders Ass'n, Inc. v. Milliken, 571 F. Supp. 173 (E.D. Mich. 1983).
“§ 450.771 et seq. [P.A. 428]. At the same time, Plaintiffs filed a Motion for Preliminary Injunction, in which they asked this Court to enjoin the State from enforcing P.”
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