Maryland 2022 Regular Session

Maryland House Bill HB450 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0450
6	6
7	7	HOUSE BILL 450
8	8	P2 2lr1233
9	9	HB 1302/21 – HGO CF SB 248
10	10	By: Delegate Smith
11	11	Introduced and read first time: January 20, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Minority Business Enterprises – Calculation of Participation Rates – 2
19	19	Procurements From Maryland Correctional Enterprises 3
20	20
21	21	FOR the purpose of requiring a State procurement unit to include the dollar value of its 4
22	22	contracts with Maryland Correctional Enterprises in the total dollar value of its 5
23	23	procurements for the purpose of calculating the unit’s Minority Business Enterprise 6
24	24	Program participation rate; and generally relating to participation in the Maryland 7
25	25	Minority Business Enterprise Program. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – State Finance and Procurement 10
29	29	Section 14–101(a) and (d) and 14–103(a) 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume) 13
32	32
33	33	BY repealing and reenacting, with amendments, 14
34	34	Article – State Finance and Procurement 15
35	35	Section 14–302(a)(1)(i) 16
36	36	Annotated Code of Maryland 17
37	37	(2021 Replacement Volume) 18
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
40	40	That the Laws of Maryland read as follows: 20
41	41
42	42	Article – State Finance and Procurement 21
43	43
44	44	14–101. 22
45	45
46	46	(a) In this subtitle the following words have the meanings indicated. 23
47	47
48	48	(d) “Preferred provider” means a provider of supplies or services given preference 24 2 HOUSE BILL 450
49	49
50	50
51	51	in § 14–103 of this subtitle. 1
52	52
53	53	14–103. 2
54	54
55	55	(a) A State or State aided or controlled entity shall buy supplies and services 3
56	56	from: 4
57	57
58	58	(1) Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of 5
59	59	the Correctional Services Article, if Maryland Correctional Enterprises provides the 6
60	60	supplies or services; 7
61	61
62	62	(2) Blind Industries and Services of Maryland, if: 8
63	63
64	64	(i) Blind Industries and Services of Maryland provides the supplies 9
65	65	or services; and 10
66	66
67	67	(ii) Maryland Correctional Enterprises does not provide the supplies 11
68	68	or services; or 12
69	69
70	70	(3) the Employment Works Program established under § 14–108 of this 13
71	71	subtitle, if: 14
72	72
73	73	(i) a community service provider or an individual with disability 15
74	74	owned business provides the supplies or services; 16
75	75
76	76	(ii) neither Maryland Correctional Enterprises nor Blind Industries 17
77	77	and Services of Maryland provides the supplies or services; and 18
78	78
79	79	(iii) a State or State aided or controlled entity is not required by law 19
80	80	to buy the supplies or services from any other unit of the State government. 20
81	81
82	82	14–302. 21
83	83
84	84	(a) (1) (i) 1. Except for leases of real property, each unit shall structure 22
85	85	procurement procedures, consistent with the purposes of this subtitle, to try to achieve an 23
86	86	overall percentage goal of the unit’s total dollar value of procurement contracts being made 24
87	87	directly or indirectly to certified minority business enterprises. 25
88	88
89	89	2. Notwithstanding subsubparagraph 1 of this 26
90	90	subparagraph, the following contracts may not be counted as part of a unit’s total dollar 27
91	91	value of procurement contracts: 28
92	92
93	93	A. EXCEPT FOR CONTRACTS AWARDED TO MARYLAND 29
94	94	CORRECTIONAL ENTERPRISES, a procurement contract awarded TO PREFERRED 30
95	95	PROVIDERS in accordance with Subtitle 1 of this title; 31
96	96
97	97	B. a procurement contract awarded to a nonprofit entity in 32 HOUSE BILL 450 3
98	98
99	99
100	100	accordance with requirements mandated by State or federal law; and 1
101	101
102	102	C. a procurement by the Maryland Developmental 2
103	103	Disabilities Administration of the Maryland Department of Health for family and 3
104	104	individual support services, community residential services, resource coordination services, 4
105	105	behavioral support services, vocational and day services, and respite services, as those 5
106	106	terms are defined in regulations adopted by the Maryland Department of Health. 6
107	107
108	108	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
109	109	October 1, 2022. 8
110	110
111	111