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ROBERT L. EHRLICH, JR., Governor Ch. 283
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enforce a clear policy against discrimination in business on the basis of sex, race, age,
color, creed, or national origin, race, color, religion, ancestry or national origin, sex,
age, marital status, sexual orientation, or on the basis of disability or any other form
of unlawful discrimination; and
WHEREAS, Under this policy, it is the intent of the State that it not contract
with business entities that discriminate in the solicitation, selection, hiring, or
treatment of vendors, suppliers, subcontractors, or commercial customers in
contravention of the standards specified under the State procurement law; and
WHEREAS, Such a commercial nondiscrimination policy approach has been
favorably commented on by the United States Supreme Court in City of Richmond v.
J. A. Croson, 488 U.S. 469, 509-510 (1989), and by other federal courts; and
WHEREAS, The General Assembly has further determined that it has a
compelling interest in assuring that public funds do not serve to finance private
prejudice on the basis of sex, race, age, color, creed, or national origin race, color,
religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on
the basis of disability or any other form of unlawful discrimination; and
WHEREAS, It is in the best interests of the State to enhance competition on
State projects by promoting equal opportunity and the full participation of all
segments of the community in a marketplace environment that is free from the effects
of discrimination, in that the State is likely to benefit from a discrimination-free
marketplace through increased business activity, lower prices, and higher State
revenues; and
WHEREAS, Through enactment of this Act, the State provides a formal
mechanism for receiving, investigating, and resolving complaints of discrimination
filed against businesses that have submitted a bid or proposal for, have been selected
to engage in, or are engaged in providing goods or services to the State; and
WHEREAS, The State also gives fuller meaning and effect to the goals and
objectives of this Act by including enforcement provisions that may subject violators
of the Act to possible contract termination, disqualification from participation in
State contracts and projects, or other remedial actions; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Finance and Procurement
16-203.
(a) A person may be debarred from entering into a contract with the State if
the person, an officer, partner, controlling stockholder or principal of that person, or
any other person substantially involved in that person's contracting activities has:
(1) been convicted under the laws of the State, another state or the
United States of:
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- 1581 -
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