Ch. 116

1995 LAWS OF MARYLAND

Chapter 708 of the Acts of the General Assembly of 1990
Section 4

Preamble

WHEREAS, In 1978 the General Assembly of Maryland enacted Chapter 575,
creating a Minority Business Enterprise Program as a remedy for past discrimination in
the expenditure of State public contract dollars and, 1983, enacted Chapter 193,
reaffirming its conclusion that the State's Minority Business Enterprise Program was
necessary and should be continued; and

WHEREAS, In January, 1989, the Supreme Court of the United States, in City of
Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) held that State and local minority
business programs should be narrowly tailored to remedy the effects of past
discrimination; and

WHEREAS, In response to the Croson decision, the Governor and the Board of
Public Works authorized the State to commission the firm of Coopers and Lybrand to
conduct a Minority Business Utilisation Study; and

WHEREAS,—The report from that study was submitted to the General Assembly
and, based upon its findings, the General Assembly enacted, in 1990, Chapter 708, which
continued the State's Minority Business Enterprise Program; and

WHEREAS,—Chapter 708 provided that, unless further action was taken by the
General Assembly by June 30, 1995, its provisions would be abrogated; and

WHEREAS,—Chapter 708 further required the State's certification agency, the
Department of Transportation, to initiate a study of the Minority Business Enterprise
Program to evaluate its continued compliance with the requirements of the Croson
decision and any subsequent federal or constitutional requirements and to submit the
report to the Legislative Policy Committee by November 1, 1994; and

WHEREAS, In compliance with the requirements of Chapter 708, the
department of Transportation entered into a contract with National Economic Research
Associates, Inc. to conduct a Minority Business Utilization Study; and

WHEREAS, The report from that study has come before the General Assembly of
Maryland, hearings have been held with respect to this matter, and the General Assembly
has carefully considered the report, and all of the evidence before it; and

WHEREAS, There is a history in Maryland of discrimination against women,
African Americans, American Indians, Asians and Hispanics, and, despite the existence
of the State's Minority Business Enterprise Program, the effects of past and current
discrimination are continuing; and

WHEREAS, In Maryland and in the State marketplace, businesses owned and
controlled by African Americans, American Indians, Asians and Hispanics are
underutilized and this disparity taken with other evidence demonstrates that this
underutilization is the product of current, continuing discrimination against such persons
in contracting; and

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