Old | New | Differences | |
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1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 514 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 514 | |
5 | - | (Senate Bill 9) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *sb0009* | |
8 | 10 | ||
9 | - | Procurement – Minority Business Enterprises – Qualification and Certification | |
10 | - | Study | |
11 | + | SENATE BILL 9 | |
12 | + | P2 (2lr0767) | |
13 | + | ENROLLED BILL | |
14 | + | — Budget and Taxation/Health and Government Operations — | |
15 | + | Introduced by Senator West Senators West, Corderman, Eckardt, Edwards, Elfreth, | |
16 | + | Griffith, Guzzone, Jackson, King, McCray, Rosapepe, Salling, Young, and | |
17 | + | Zucker | |
11 | 18 | ||
12 | - | FOR the purpose of requiring the Board of Public Works to adopt regulations to require the | |
13 | - | certification of a business as a minority business enterprise in a certain manner if | |
14 | - | the business has obtained a certain federal certification and remains certified; | |
15 | - | requiring the certification agency designated by the Board of Public Works to study | |
16 | - | and report recommendations for streamlining the process for certification of minority | |
17 | - | business enterprises; requiring certain entities to provide certain information to the | |
18 | - | certification agency; and generally relating to procurement by minority businesses. | |
19 | + | Read and Examined by Proofreaders: | |
19 | 20 | ||
20 | - | BY repealing and reenacting, with amendments, | |
21 | - | Article – State Finance and Procurement | |
22 | - | Section 14–303 | |
23 | - | Annotated Code of Maryland | |
24 | - | (2021 Replacement Volume) | |
21 | + | _______________________________________________ | |
22 | + | Proofreader. | |
23 | + | _______________________________________________ | |
24 | + | Proofreader. | |
25 | 25 | ||
26 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
27 | - | That the Laws of Maryland read as follows: | |
26 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
28 | 27 | ||
29 | - | (a) (1) The certification agency designated by the Board of Public Works under | |
30 | - | § 14–303(b) of the State Finance and Procurement Article shall study options for | |
31 | - | streamlining the process for certification of minority business enterprises. | |
28 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
32 | 29 | ||
33 | - | ||
34 | - | ||
30 | + | ______________________________________________ | |
31 | + | President. | |
35 | 32 | ||
36 | - | (i) a review of options to allow other State and federal certifications | |
37 | - | to be accepted as satisfying a requirement for certification as a minority business | |
38 | - | enterprise; and | |
33 | + | CHAPTER ______ | |
39 | 34 | ||
40 | - | (ii) recommendations to streamline and improve the process for | |
41 | - | certification of a minority business enterprise that do not disadvantage Maryland | |
42 | - | businesses. | |
35 | + | AN ACT concerning 1 | |
43 | 36 | ||
44 | - | (b) The certification agency shall submit the findings of the study required under | |
45 | - | subsection (a) of this section to the Legislative Policy Committee, in accordance with § | |
46 | - | 2–1257 of the State Government Article, on or before December 1, 2022, so that the General | |
47 | - | Assembly may review the findings and recommendations before the 2023 Regular Session. | |
37 | + | Procurement – Minority Business Enterprises – Qualification and Certification 2 | |
38 | + | Study 3 | |
48 | 39 | ||
49 | - | Article – State Finance and Procurement Ch. 514 2022 LAWS OF MARYLAND | |
40 | + | FOR the purpose of requiring the Board of Public Works to adopt regulations to require the 4 | |
41 | + | certification of a business as a minority business enterprise in a certain manner if 5 | |
42 | + | the business has obtained a certain federal certification and remains certified; 6 | |
43 | + | requiring the certification agency designated by the Board of Public Works to study 7 | |
44 | + | and report recommendations for streamlining the process for certification of minority 8 | |
45 | + | business enterprises; requiring certain entities to provide certain information to the 9 | |
46 | + | certification agency; and generally relating to procurement by minority businesses. 10 | |
50 | 47 | ||
51 | - | – 2 – | |
48 | + | BY repealing and reenacting, with amendments, 11 | |
49 | + | Article – State Finance and Procurement 12 2 SENATE BILL 9 | |
52 | 50 | ||
53 | - | 14–303. | |
54 | 51 | ||
55 | - | ||
56 | - | ||
57 | - | ||
52 | + | Section 14–303 1 | |
53 | + | Annotated Code of Maryland 2 | |
54 | + | (2021 Replacement Volume) 3 | |
58 | 55 | ||
59 | - | (ii) The Board shall keep a record of information regarding any | |
60 | - | waivers requested in accordance with § 14–302(a)(9)(i) of this subtitle and subsection | |
61 | - | (b)(12) of this section and submit a copy of the record to the General Assembly on or before | |
62 | - | October 1 of each year, in accordance with § 2–1257 of the State Government Article. | |
56 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 | |
57 | + | That the Laws of Maryland read as follows: 5 | |
63 | 58 | ||
64 | - | (2) The regulations shall establish procedures to be followed by units, | |
65 | - | prospective contractors, and successful bidders or offerors to maximize notice to, and the | |
66 | - | opportunity to participate in the procurement process by, a broad range of minority | |
67 | - | business enterprises. | |
59 | + | (a) (1) The certification agency designated by the Board of Public Works under 6 | |
60 | + | § 14–303(b) of the State Finance and Procurement Article shall study options for 7 | |
61 | + | streamlining the process for certification of minority business enterprises. 8 | |
68 | 62 | ||
69 | - | (b) These regulations shall include: | |
63 | + | (2) The study conducted under paragraph (1) of this subsection shall 9 | |
64 | + | include: 10 | |
70 | 65 | ||
71 | - | (1) provisions: | |
66 | + | (i) a review of options to allow other State and federal certifications 11 | |
67 | + | to be accepted as satisfying a requirement for certification as a minority business 12 | |
68 | + | enterprise; and 13 | |
72 | 69 | ||
73 | - | (i) designating one State agency to certify and decertify minority | |
74 | - | business enterprises for all units through a single process that meets applicable federal | |
75 | - | requirements, including provisions that promote and facilitate the submission of some or | |
76 | - | all of the certification application through an electronic process; | |
70 | + | (ii) recommendations to streamline and improve the process for 14 | |
71 | + | certification of a minority business enterprise that do not disadvantage Maryland 15 | |
72 | + | businesses. 16 | |
77 | 73 | ||
78 | - | (ii) for the purpose of certification under this subtitle, that promote | |
79 | - | and facilitate certification of minority business enterprises that have received certification | |
80 | - | from a federal or a county program that uses a certification process substantially similar | |
81 | - | to the process established in accordance with item (i) of this item, including a provision that | |
82 | - | [provides for] REQUIRES certification of a business as a minority business enterprise | |
83 | - | WITHOUT REQUIRING TH E BUSINESS TO FILE A NY ADDITIONAL PAPERW ORK OTHER | |
84 | - | THAN EVIDENCE OF CER TIFICATION UNDER THE FEDERAL DISADVANTAGED | |
85 | - | BUSINESS ENTERPRISE PROGRAM if the business[: | |
74 | + | (b) The certification agency shall submit the findings of the study required under 17 | |
75 | + | subsection (a) of this section to the Legislative Policy Committee, in accordance with § 18 | |
76 | + | 2–1257 of the State Government Article, on or before December 1, 2022, so that the General 19 | |
77 | + | Assembly may review the findings and recommendations before the 2023 Regular Session. 20 | |
86 | 78 | ||
87 | - | 1.] has obtained certification AND REMAINS CERTIFIE D | |
88 | - | under the federal Disadvantaged Business Enterprise Program; [and | |
79 | + | Article – State Finance and Procurement 21 | |
89 | 80 | ||
90 | - | 2. meets the eligibility requirements of the Minority | |
91 | - | Business Enterprise Program;] | |
81 | + | 14–303. 22 | |
92 | 82 | ||
93 | - | (iii) requiring the agency designated to certify minority business | |
94 | - | enterprises to complete the agency’s review of an application for certification and notify the | |
95 | - | applicant of the agency’s decision within 90 days of receipt of a complete application that | |
96 | - | includes all of the information necessary for the agency to make a decision; and LAWRENCE J. HOGAN, JR., Governor Ch. 514 | |
83 | + | (a) (1) (i) In accordance with Title 10, Subtitle 1 of the State Government 23 | |
84 | + | Article, the Board shall adopt regulations consistent with the purposes of this Division II 24 | |
85 | + | to carry out the requirements of this subtitle. 25 | |
97 | 86 | ||
98 | - | – 3 – | |
87 | + | (ii) The Board shall keep a record of information regarding any 26 | |
88 | + | waivers requested in accordance with § 14–302(a)(9)(i) of this subtitle and subsection 27 | |
89 | + | (b)(12) of this section and submit a copy of the record to the General Assembly on or before 28 | |
90 | + | October 1 of each year, in accordance with § 2–1257 of the State Government Article. 29 | |
99 | 91 | ||
100 | - | ( | |
101 | - | ||
102 | - | ||
103 | - | ||
92 | + | (2) The regulations shall establish procedures to be followed by units, 30 | |
93 | + | prospective contractors, and successful bidders or offerors to maximize notice to, and the 31 | |
94 | + | opportunity to participate in the procurement process by, a broad range of minority 32 | |
95 | + | business enterprises. 33 | |
104 | 96 | ||
105 | - | (2) a requirement that the solicitation document accompanying each | |
106 | - | solicitation set forth the expected degree of minority business enterprise participation | |
107 | - | based, in part, on the factors set forth in § 14–302(a)(3)(ii) of this subtitle; | |
97 | + | (b) These regulations shall include: 34 | |
98 | + | SENATE BILL 9 3 | |
108 | 99 | ||
109 | - | (3) a requirement that bidders or offerors complete a document setting | |
110 | - | forth the percentage of the total dollar amount of the contract that the bidder or offeror | |
111 | - | agrees will be performed by certified minority business enterprises; | |
112 | 100 | ||
113 | - | (4) a requirement that within 10 days after notice from the prime | |
114 | - | contractor of the State’s intent to award a contract, each minority business enterprise | |
115 | - | serving as a subcontractor on the contract complete a document setting forth the percentage | |
116 | - | and type of work assigned to the subcontractor under the contract and submit copies of the | |
117 | - | completed form to both the procurement officer and the contractor; | |
101 | + | (1) provisions: 1 | |
118 | 102 | ||
119 | - | (5) a requirement that the solicitation documents completed and submitted | |
120 | - | by the bidder or offeror in connection with its minority business enterprise participation | |
121 | - | commitment must be attached to and made a part of the contract; | |
103 | + | (i) designating one State agency to certify and decertify minority 2 | |
104 | + | business enterprises for all units through a single process that meets applicable federal 3 | |
105 | + | requirements, including provisions that promote and facilitate the submission of some or 4 | |
106 | + | all of the certification application through an electronic process; 5 | |
122 | 107 | ||
123 | - | (6) (i) a requirement that all contracts containing minority business | |
124 | - | enterprise participation goals shall contain a liquidated damages provision that applies in | |
125 | - | the event that the contractor fails to comply in good faith with the provisions of this subtitle | |
126 | - | or the pertinent terms of the applicable contract; and | |
108 | + | (ii) for the purpose of certification under this subtitle, that promote 6 | |
109 | + | and facilitate certification of minority business enterprises that have received certification 7 | |
110 | + | from a federal or a county program that uses a certification process substantially similar 8 | |
111 | + | to the process established in accordance with item (i) of this item, including a provision that 9 | |
112 | + | [provides for] REQUIRES certification of a business as a minority business enterprise 10 | |
113 | + | WITHOUT REQUIRING TH E BUSINESS TO FILE A NY ADDITIONAL PAPERW ORK OTHER 11 | |
114 | + | THAN EVIDENCE OF CER TIFICATION UNDER THE FEDERAL DISADVANTAGED 12 | |
115 | + | BUSINESS ENTERPRISE PROGRAM if the business[: 13 | |
127 | 116 | ||
128 | - | (ii) a provision that prohibits a unit from assessing liquidated | |
129 | - | damages for an indefinite delivery contract or an indefinite performance contract if a unit | |
130 | - | fails to request the performance or delivery of a task for which: | |
117 | + | 1.] has obtained certification AND REMAINS CERTIFIE D 14 | |
118 | + | under the federal Disadvantaged Business Enterprise Program; [and 15 | |
131 | 119 | ||
132 | - | | |
133 | - | ||
120 | + | 2. meets the eligibility requirements of the Minority 16 | |
121 | + | Business Enterprise Program;] 17 | |
134 | 122 | ||
135 | - | 2. a minority business enterprise subcontractor was named | |
136 | - | on the participation schedule and qualified based on the subcontractor’s existing North | |
137 | - | American Industry Classification System code; | |
123 | + | (iii) requiring the agency designated to certify minority business 18 | |
124 | + | enterprises to complete the agency’s review of an application for certification and notify the 19 | |
125 | + | applicant of the agency’s decision within 90 days of receipt of a complete application that 20 | |
126 | + | includes all of the information necessary for the agency to make a decision; and 21 | |
138 | 127 | ||
139 | - | (7) a requirement that the unit provide a current list of certified minority | |
140 | - | business enterprises to each prospective contractor; | |
128 | + | (iv) authorizing the agency designated to certify minority business 22 | |
129 | + | enterprises to extend the notification requirement established under item (iii) of this item 23 | |
130 | + | once, for no more than an additional 60 days, if the agency provides the applicant with a 24 | |
131 | + | written notice and explanation; 25 | |
141 | 132 | ||
142 | - | (8) provisions to ensure the uniformity of requests for bids on subcontracts; | |
143 | - | Ch. 514 2022 LAWS OF MARYLAND | |
133 | + | (2) a requirement that the solicitation document accompanying each 26 | |
134 | + | solicitation set forth the expected degree of minority business enterprise participation 27 | |
135 | + | based, in part, on the factors set forth in § 14–302(a)(3)(ii) of this subtitle; 28 | |
144 | 136 | ||
145 | - | ||
146 | - | ||
147 | - | ||
137 | + | (3) a requirement that bidders or offerors complete a document setting 29 | |
138 | + | forth the percentage of the total dollar amount of the contract that the bidder or offeror 30 | |
139 | + | agrees will be performed by certified minority business enterprises; 31 | |
148 | 140 | ||
149 | - | (10) provisions designed to ensure that a fiscal disadvantage to the State | |
150 | - | does not result from an inadequate response by minority business enterprises to a request | |
151 | - | for bids; | |
141 | + | (4) a requirement that within 10 days after notice from the prime 32 | |
142 | + | contractor of the State’s intent to award a contract, each minority business enterprise 33 | |
143 | + | serving as a subcontractor on the contract complete a document setting forth the percentage 34 | |
144 | + | and type of work assigned to the subcontractor under the contract and submit copies of the 35 | |
145 | + | completed form to both the procurement officer and the contractor; 36 | |
146 | + | 4 SENATE BILL 9 | |
152 | 147 | ||
153 | - | (11) provisions relating to joint ventures, under which a bidder may count | |
154 | - | toward meeting its minority business enterprise participation goal, the minority business | |
155 | - | enterprise portion of the joint venture; | |
156 | 148 | ||
157 | - | ( | |
158 | - | ||
159 | - | ||
149 | + | (5) a requirement that the solicitation documents completed and submitted 1 | |
150 | + | by the bidder or offeror in connection with its minority business enterprise participation 2 | |
151 | + | commitment must be attached to and made a part of the contract; 3 | |
160 | 152 | ||
161 | - | (13) provisions requiring a monthly submission to the unit by minority | |
162 | - | business enterprises acknowledging all payments received in the preceding 30 days under | |
163 | - | a contract governed by this subtitle; | |
153 | + | (6) (i) a requirement that all contracts containing minority business 4 | |
154 | + | enterprise participation goals shall contain a liquidated damages provision that applies in 5 | |
155 | + | the event that the contractor fails to comply in good faith with the provisions of this subtitle 6 | |
156 | + | or the pertinent terms of the applicable contract; and 7 | |
164 | 157 | ||
165 | - | (14) a requirement that a unit shall verify and maintain data concerning | |
166 | - | payments received by minority business enterprises, including a requirement that, upon | |
167 | - | completion of a project, the unit shall compare the total dollar value actually received by | |
168 | - | minority business enterprises with the amount of contract dollars initially awarded, and | |
169 | - | an explanation of any discrepancies therein; | |
158 | + | (ii) a provision that prohibits a unit from assessing liquidated 8 | |
159 | + | damages for an indefinite delivery contract or an indefinite performance contract if a unit 9 | |
160 | + | fails to request the performance or delivery of a task for which: 10 | |
170 | 161 | ||
171 | - | (15) a requirement that a unit verify that minority business enterprises | |
172 | - | listed in a successful bid are actually participating to the extent listed in the project for | |
173 | - | which the bid was submitted; | |
162 | + | 1. a minority business enterprise subcontractor was named 11 | |
163 | + | on the participation schedule; or 12 | |
174 | 164 | ||
175 | - | | |
176 | - | ||
177 | - | ||
165 | + | 2. a minority business enterprise subcontractor was named 13 | |
166 | + | on the participation schedule and qualified based on the subcontractor’s existing North 14 | |
167 | + | American Industry Classification System code; 15 | |
178 | 168 | ||
179 | - | (17) a requirement that a bid or proposal based on a solicitation with an | |
180 | - | expected degree of minority business enterprise participation identify the specific | |
181 | - | commitment of certified minority business enterprises at the time of submission; | |
169 | + | (7) a requirement that the unit provide a current list of certified minority 16 | |
170 | + | business enterprises to each prospective contractor; 17 | |
182 | 171 | ||
183 | - | (18) provisions promoting and providing for the counting and reporting of | |
184 | - | certified minority business enterprises as prime contractors; | |
172 | + | (8) provisions to ensure the uniformity of requests for bids on subcontracts; 18 | |
185 | 173 | ||
186 | - | ( | |
187 | - | ||
174 | + | (9) provisions relating to the timing of requests for bids on subcontracts 19 | |
175 | + | and of submission of bids on subcontracts; 20 | |
188 | 176 | ||
189 | - | ( | |
190 | - | Minority | |
191 | - | ||
177 | + | (10) provisions designed to ensure that a fiscal disadvantage to the State 21 | |
178 | + | does not result from an inadequate response by minority business enterprises to a request 22 | |
179 | + | for bids; 23 | |
192 | 180 | ||
193 | - | – 5 – | |
181 | + | (11) provisions relating to joint ventures, under which a bidder may count 24 | |
182 | + | toward meeting its minority business enterprise participation goal, the minority business 25 | |
183 | + | enterprise portion of the joint venture; 26 | |
194 | 184 | ||
195 | - | (21) provisions promoting and providing for the counting and reporting of | |
196 | - | minority business enterprises certified as both a woman–owned business and a business | |
197 | - | owned by a member of an ethnic or racial group in accordance with § 14–302(a)(5) of this | |
198 | - | subtitle; and | |
185 | + | (12) consistent with § 14–302(a)(9) of this subtitle, provisions relating to any 27 | |
186 | + | circumstances under which a unit may waive obligations of the contractor relating to 28 | |
187 | + | minority business enterprise participation; 29 | |
199 | 188 | ||
200 | - | ( | |
201 | - | ||
202 | - | ||
189 | + | (13) provisions requiring a monthly submission to the unit by minority 30 | |
190 | + | business enterprises acknowledging all payments received in the preceding 30 days under 31 | |
191 | + | a contract governed by this subtitle; 32 | |
203 | 192 | ||
204 | - | ( | |
205 | - | ||
206 | - | ||
193 | + | (14) a requirement that a unit shall verify and maintain data concerning 33 | |
194 | + | payments received by minority business enterprises, including a requirement that, upon 34 | |
195 | + | completion of a project, the unit shall compare the total dollar value actually received by 35 SENATE BILL 9 5 | |
207 | 196 | ||
208 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect | |
209 | - | October 1, 2022. | |
210 | 197 | ||
211 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: | |
198 | + | minority business enterprises with the amount of contract dollars initially awarded, and 1 | |
199 | + | an explanation of any discrepancies therein; 2 | |
212 | 200 | ||
213 | - | (a) This section applies to the following entities: | |
201 | + | (15) a requirement that a unit verify that minority business enterprises 3 | |
202 | + | listed in a successful bid are actually participating to the extent listed in the project for 4 | |
203 | + | which the bid was submitted; 5 | |
214 | 204 | ||
215 | - | (1) the Natalie M. LaPrade Medical Cannabis Commission; | |
205 | + | (16) provisions establishing a graduation program based on the financial 6 | |
206 | + | viability of the minority business enterprise, using annual gross receipts or other economic 7 | |
207 | + | indicators as may be determined by the Board; 8 | |
216 | 208 | ||
217 | - | (2) the Public Service Commission; | |
209 | + | (17) a requirement that a bid or proposal based on a solicitation with an 9 | |
210 | + | expected degree of minority business enterprise participation identify the specific 10 | |
211 | + | commitment of certified minority business enterprises at the time of submission; 11 | |
218 | 212 | ||
219 | - | (3) the Maryland Lottery and Gaming Control Commission; | |
213 | + | (18) provisions promoting and providing for the counting and reporting of 12 | |
214 | + | certified minority business enterprises as prime contractors; 13 | |
220 | 215 | ||
221 | - | ( | |
222 | - | ||
216 | + | (19) provisions establishing standards to require a minority business 14 | |
217 | + | enterprise to perform a commercially useful function on a contract; 15 | |
223 | 218 | ||
224 | - | ( | |
225 | - | ||
226 | - | ||
219 | + | (20) a requirement that each unit work with the Governor’s Office of Small, 16 | |
220 | + | Minority, and Women Business Affairs to designate certain procurements as being 17 | |
221 | + | excluded from the requirements of § 14–302(a) of this subtitle; 18 | |
227 | 222 | ||
228 | - | (b) Each entity identified under subsection (a) of this section shall provide, within | |
229 | - | 60 75 days of a request, the information the certification agency designated by the Board | |
230 | - | of Public Works under § 14–303(b) of the State Finance and Procurement Article deems | |
231 | - | necessary to assess the need for remedial measures, including the application of a program | |
232 | - | to assist businesses owned by women or minorities. | |
223 | + | (21) provisions promoting and providing for the counting and reporting of 19 | |
224 | + | minority business enterprises certified as both a woman–owned business and a business 20 | |
225 | + | owned by a member of an ethnic or racial group in accordance with § 14–302(a)(5) of this 21 | |
226 | + | subtitle; and 22 | |
233 | 227 | ||
234 | - | (c) (1) An entity listed in subsection (a) of this section shall require licensees, | |
235 | - | preapproved licensees, applicants, grantees, and other program participants to provide any | |
236 | - | information deemed necessary to assess the need for remedial measures under subsection | |
237 | - | (b) of this section. | |
238 | - | Ch. 514 2022 LAWS OF MARYLAND | |
228 | + | (22) other provisions that the Board considers necessary or appropriate to 23 | |
229 | + | encourage participation by minority business enterprises and to protect the integrity of the 24 | |
230 | + | procurement process. 25 | |
239 | 231 | ||
240 | - | – 6 – | |
241 | - | (2) The information required under paragraph (1) of this subsection may | |
242 | - | include, without limitation, the following data broken down by State fiscal year for the | |
243 | - | period beginning July 1, 2016, and ending June 30, 2022: | |
232 | + | (c) The regulations adopted under this section shall specify that a unit may not 26 | |
233 | + | allow a business to participate as if it were a certified minority business enterprise if the 27 | |
234 | + | business’s certification is pending. 28 | |
244 | 235 | ||
245 | - | | |
246 | - | ||
236 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
237 | + | October 1, 2022. 30 | |
247 | 238 | ||
248 | - | | |
239 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 31 | |
249 | 240 | ||
250 | - | | |
241 | + | (a) This section applies to the following entities: 32 | |
251 | 242 | ||
252 | - | 2. the dollar value of the expenditure; and | |
243 | + | (1) the Natalie M. LaPrade Medical Cannabis Commission; 33 | |
244 | + | 6 SENATE BILL 9 | |
253 | 245 | ||
254 | - | 3. whether the work was performed by the program | |
255 | - | participant or a contractor or subcontractor and, if performed by a contractor or | |
256 | - | subcontractor, the name of the entity that performed the work. | |
257 | 246 | ||
258 | - | (3) Each licensee, preapproved licensee, applicant, grantee, and other | |
259 | - | program participant shall provide the data requested within 60 days of a request. | |
247 | + | (2) the Public Service Commission; 1 | |
260 | 248 | ||
261 | - | (d) An entity listed in subsection (a) of this section shall provide the data collected | |
262 | - | under subsection (c) of this section to the certification agency within 10 days of receipt of | |
263 | - | the data. | |
249 | + | (3) the Maryland Lottery and Gaming Control Commission; 2 | |
264 | 250 | ||
265 | - | (e) (1) Data provided in accordance with this section by each licensee, | |
266 | - | preapproved licensee, applicant, grantee, or other program participant shall constitute | |
267 | - | confidential commercial information and confidential financial information and shall be | |
268 | - | treated as confidential by the entity and the State. | |
251 | + | (4) units that are parties to a public–private partnership agreement under 3 | |
252 | + | Title 10A of the State Finance and Procurement Article; and 4 | |
269 | 253 | ||
270 | - | ( | |
271 | - | ||
272 | - | ||
254 | + | (5) the Department of Budget and Management General Services with 5 | |
255 | + | respect to projects in the capital grant program under Title 3, Subtitle 6 of the State 6 | |
256 | + | Finance and Procurement Article. 7 | |
273 | 257 | ||
274 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
275 | - | 1, 2022. | |
258 | + | (b) Each entity identified under subsection (a) of this section shall provide, within 8 | |
259 | + | 60 75 days of a request, the information the certification agency designated by the Board 9 | |
260 | + | of Public Works under § 14–303(b) of the State Finance and Procurement Article deems 10 | |
261 | + | necessary to assess the need for remedial measures, including the application of a program 11 | |
262 | + | to assist businesses owned by women or minorities. 12 | |
276 | 263 | ||
277 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. | |
264 | + | (c) (1) An entity listed in subsection (a) of this section shall require licensees, 13 | |
265 | + | preapproved licensees, applicants, grantees, and other program participants to provide any 14 | |
266 | + | information deemed necessary to assess the need for remedial measures under subsection 15 | |
267 | + | (b) of this section. 16 | |
268 | + | ||
269 | + | (2) The information required under paragraph (1) of this subsection may 17 | |
270 | + | include, without limitation, the following data broken down by State fiscal year for the 18 | |
271 | + | period beginning July 1, 2016, and ending June 30, 2022: 19 | |
272 | + | ||
273 | + | (i) a list of each program participant’s expenditures for each State 20 | |
274 | + | fiscal year; and 21 | |
275 | + | ||
276 | + | (ii) for each expenditure, a description of: 22 | |
277 | + | ||
278 | + | 1. the work performed; 23 | |
279 | + | ||
280 | + | 2. the dollar value of the expenditure; and 24 | |
281 | + | ||
282 | + | 3. whether the work was performed by the program 25 | |
283 | + | participant or a contractor or subcontractor and, if performed by a contractor or 26 | |
284 | + | subcontractor, the name of the entity that performed the work. 27 | |
285 | + | ||
286 | + | (3) Each licensee, preapproved licensee, applicant, grantee, and other 28 | |
287 | + | program participant shall provide the data requested within 60 days of a request. 29 | |
288 | + | ||
289 | + | (d) An entity listed in subsection (a) of this section shall provide the data collected 30 | |
290 | + | under subsection (c) of this section to the certification agency within 10 days of receipt of 31 | |
291 | + | the data. 32 | |
292 | + | SENATE BILL 9 7 | |
293 | + | ||
294 | + | ||
295 | + | (e) (1) Data provided in accordance with this section by each licensee, 1 | |
296 | + | preapproved licensee, applicant, grantee, or other program participant shall constitute 2 | |
297 | + | confidential commercial information and confidential financial information and shall be 3 | |
298 | + | treated as confidential by the entity and the State. 4 | |
299 | + | ||
300 | + | (2) Data provided in accordance with this section may be used only for 5 | |
301 | + | purposes authorized under this section and may be disclosed to the public only in an 6 | |
302 | + | anonymized or aggregated format. 7 | |
303 | + | ||
304 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8 | |
305 | + | 1, 2022. 9 | |
306 | + | ||
307 | + | ||
308 | + | ||
309 | + | ||
310 | + | Approved: | |
311 | + | ________________________________________________________________________________ | |
312 | + | Governor. | |
313 | + | ________________________________________________________________________________ | |
314 | + | President of the Senate. | |
315 | + | ________________________________________________________________________________ | |
316 | + | Speaker of the House of Delegates. |