The General Assembly finds the following: (1) the General Assembly wishes to provide all citizens of Maryland with equal access to business formation and business growth opportunities; (2) the elimination of discrimination against minority- and women- owned businesses is of paramount importance to the future welfare of the community served by the Commission; (3) the Commission has procured, received, accepted, and carefully reviewed a disparity study commissioned by the Commission and finds that the disparity study provides a strong basis in evidence demonstrating persistent discrimination against minority- and women-owned businesses; (4) based on its review of the disparity study: (i) there are substantial and statistically significant adverse disparities that are strong evidence of discrimination against minorities and nonminority women in wages, business formation, business owner earnings, and access to capital in the same geographic markets and industry categories in which the Commission does business; (ii) the Commission would become a passive participant in private sector racial and gender discrimination if it eliminated its remedial efforts, including the operation of the minority business enterprise utilization program established under § 20-204 of this subtitle; (iii) there remain substantial and statistically significant adverse disparities that are consistent with discrimination against minorities and nonminority women in the Commission's own procurement despite the Commission's assertive efforts to curtail that discrimination; (iv) there are substantial and statistically significant adverse disparities that are consistent with discrimination against businesses owned by minorities and nonminority women in all major industry categories in which the Commission procures goods and services; (v) there is ample evidence that discrimination in the private sector has depressed business formation and business growth among minority and nonminority women entrepreneurs in the geographic markets and industry categories in which the Commission does business; and (vi) there is powerful and persuasive qualitative evidence, both statistical and anecdotal, of discrimination against minority and nonminority women business owners in both the public and private sectors in the geographic markets and industry categories in which the Commission does business; (5) as a result of ongoing discrimination and the present day effects of past discrimination, minority- and women-owned businesses combined continue to be significantly underutilized relative to their availability to perform work in all of the procurement categories in which the Commission does business; (6) minority prime contractors also are subject to discrimination and confront especially daunting barriers in attempting to compete with very large and long-established nonminority companies; (7) despite the fact that the Commission has employed, and continues to employ, numerous and robust race-neutral remedies, including aggressive outreach and advertising, training and education, a small local business program, and other efforts, there is a strong basis in evidence that discrimination persists even in public sector procurement where these efforts have been employed; (8) this subtitle ensures that race-neutral efforts will be used to the maximum extent feasible and that race-conscious measures will be used only where necessary to eliminate discrimination that was not alleviated by race-neutral efforts; (9) this subtitle continues and enhances efforts to ensure that the Commission limits the burden on nonminority businesses as much as possible by ensuring that all goals are developed using the best available data and that waivers are available when contractors make good faith efforts; (10) this subtitle ensures that the operation of the minority business enterprise utilization program established under § 20-204 of this subtitle is consistent with the disparity study data and is narrowly tailored to the compelling interests of the State; and (11) Commission efforts to support the development of competitively viable businesses owned by women and minorities will assist in reducing discrimination and creating jobs for all citizens of Maryland.
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