EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0429*
HOUSE BILL 429
P2 3lr2645
CF SB 451
By: Delegate Charles Delegates Charles, Alston, Bagnall, Bhandari, Chisholm,
Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Martinez,
M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Szeliga, Taveras, White, and
Woods
Introduced and read first time: January 30, 2023
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2023
CHAPTER ______
AN ACT concerning 1
Procurement Improvement Council – Membership and Duties 2
FOR the purpose of altering the membership of the Procurement Improvement Council; 3
authorizing a certain member certain members to send a designee to attend certain 4
meetings under certain circumstances; clarifying the duties of the Council; and 5
generally relating to the membership of the Procurement Improvement Council. 6
BY repealing and reenacting, with amendments, 7
Article – State Finance and Procurement 8
Section 12–105 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Finance and Procurement 14
12–105. 15
(a) In this section, “Council” means the Procurement Improvement Council. 16
2 HOUSE BILL 429
(b) There is a Procurement Improvement Council. 1
(c) (1) The Council consists of the following [20] members: 2
(i) the State Treasurer; 3
(ii) the Chancellor of the University System of Maryland; 4
(iii) the Chief Procurement Officer; 5
(iv) the Secretary of Information Technology; 6
(v) the Secretary of Transportation; 7
(vi) the Procurement Advisor of the Board; 8
(vii) the Special Secretary for the Office of Small, Minority, and 9
Women Business Affairs; 10
(viii) the Secretary of Juvenile Services; 11
(ix) the Secretary of Human Services; 12
(x) the Secretary of Health; 13
(xi) the State Superintendent of Schools; 14
(XII) THE COMPTROLLER ; 15
(XIII) THE ATTORNEY GENERAL; 16
[(xii)] (XIII) (XIV) the following individuals, appointed by the 17
Governor with the advice and consent of the Senate: 18
1. a representative of local government who has expertise in 19
local procurement matters; 20
2. two representatives of social service providers in the State; 21
and 22
3. a representative of a minority –, women–, or 23
veteran–owned business; 24
[(xiii)] (XIV) (XV) three members of the general public appointed by 25
the presiding officers of the General Assembly, of whom: 26
HOUSE BILL 429 3
1. at least one shall have expertise in State procurement 1
matters; and 2
2. at least two shall represent a minority–, women–, or 3
veteran–owned business; 4
[(xiv)] (XV) (XVI) a member of the Senate, appointed by the President 5
of the Senate; and 6
[(xv)] (XVI) (XVII) a member of the House of Delegates, appointed by 7
the Speaker of the House. 8
(2) (i) If the State Treasurer is unable to attend a meeting of the 9
Council, the Treasurer may designate the Deputy Treasurer to attend the meeting. 10
(ii) If a member of the Council listed in paragraph (1)(ii) through (xi) 11
of this subsection is unable to attend a meeting of the Council, the member may designate 12
a senior management staff member with experience in procurement to attend the meeting. 13
(III) IF THE COMPTROLLER IS UNABLE TO ATTEND A MEETING 14
OF THE COUNCIL, THE COMPTROLLER MAY SEND A DESIGNEE TO ATTEND THE 15
MEETING. 16
(IV) IF THE ATTORNEY GENERAL IS UNABLE TO ATTEND A 17
MEETING OF THE COUNCIL, THE ATTORNEY GENERAL MAY SEND A DE SIGNEE TO 18
ATTEND THE MEETING . 19
(d) The Chief Procurement Officer is Chairman of the Council. 20
(e) The Council shall meet at least quarterly each year. 21
(f) The Chief Procurement Officer is the principal staff of the Council and the 22
Council shall have any additional staff authorized in accordance with the State budget. 23
(g) The Council shall: 24
(1) ensure that the State’s procurement system is utilizing the most 25
advanced procurement methods and management techniques, including policies, 26
procedures, and forms for all procurement activity and contract management; 27
(2) effect and enhance communication between State units on procurement 28
matters, with an emphasis on disseminating information on current developments and 29
advances in procurement methods and management; 30
(3) provide a forum for the discussion of specific procurement issues and 31
problems that arise, including: 32 4 HOUSE BILL 429
(i) procurement officer training; 1
(ii) risk analysis and insurance requirements; 2
(iii) management of eMaryland Marketplace and other Internet 3
procurement resources; 4
(iv) use of eMaryland Marketplace and compliance with § 17–502 of 5
this article; 6
(v) use of intergovernmental cooperative purchasing agreements; 7
and 8
(VI) STRATEGIES TO INCREA SE THE PARTICIPATION OF SMALL, 9
MINORITY–OWNED, AND WOMEN –OWNED BUSINESSES IN PROCUREMENT 10
CONTRACTS; AND 11
(vi) (VII) any other issues or problems identified by the Council; 12
(4) advise the Board on problems in the procurement process and make 13
recommendations for improvement of the process; 14
(5) review existing procurement regulations to: 15
(i) determine whether they fulfill the intent and purpose of the law, 16
especially as it relates to fostering broad–based competition; and 17
(ii) make recommendations on the regulations, if revising and 18
restructuring them will result in easier understanding and use; and 19
(6) advise the General Assembly on proposed legislation in order to 20
enhance the efficiency and transparency of State procurement. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23