Maryland 2023 Regular Session

Maryland House Bill HB429 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 26
2		-
3		-	– 1 –
4		-	Chapter 26
5		-	(House Bill 429)
6		-
7		-	AN ACT concerning
8		-
9		-	Procurement Improvement Council – Membership and Duties
10		-
11		-	FOR the purpose of altering the membership of the Procurement Improvement Council;
12		-	authorizing a certain member certain members to send a designee to attend certain
13		-	meetings under certain circumstances; clarifying the duties of the Council; and
14		-	generally relating to the membership of the Procurement Improvement Council.
15		-
16		-	BY repealing and reenacting, with amendments,
17		-	Article – State Finance and Procurement
18		-	Section 12–105
19		-	Annotated Code of Maryland
20		-	(2021 Replacement Volume and 2022 Supplement)
21		-
22		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23		-	That the Laws of Maryland read as follows:
24		-
25		-	Article – State Finance and Procurement
26		-
27		-	12–105.
28		-
29		-	(a) In this section, “Council” means the Procurement Improvement Council.
30		-
31		-	(b) There is a Procurement Improvement Council.
32		-
33		-	(c) (1) The Council consists of the following [20] members:
34		-
35		-	(i) the State Treasurer;
36		-
37		-	(ii) the Chancellor of the University System of Maryland;
38		-
39		-	(iii) the Chief Procurement Officer;
40		-
41		-	(iv) the Secretary of Information Technology;
42		-
43		-	(v) the Secretary of Transportation;
44		-
45		-	(vi) the Procurement Advisor of the Board;
46		-
47		-	(vii) the Special Secretary for the Office of Small, Minority, and
48		-	Women Business Affairs;
49		-	Ch. 26 2023 LAWS OF MARYLAND
50		-
51		-	– 2 –
52		-	(viii) the Secretary of Juvenile Services;
53		-
54		-	(ix) the Secretary of Human Services;
55		-
56		-	(x) the Secretary of Health;
57		-
58		-	(xi) the State Superintendent of Schools;
59		-
60		-	(XII) THE COMPTROLLER ;
61		-
62		-	(XIII) THE ATTORNEY GENERAL;
63		-
64		-	[(xii)] (XIII) (XIV) the following individuals, appointed by the
65		-	Governor with the advice and consent of the Senate:
66		-
67		-	1. a representative of local government who has expertise in
68		-	local procurement matters;
69		-
70		-	2. two representatives of social service providers in the State;
71		-	and
72		-
73		-	3. a representative of a minorit y–, women–, or
74		-	veteran–owned business;
75		-
76		-	[(xiii)] (XIV) (XV) three members of the general public appointed by
77		-	the presiding officers of the General Assembly, of whom:
78		-
79		-	1. at least one shall have expertise in State procurement
80		-	matters; and
81		-
82		-	2. at least two shall represent a minority–, women–, or
83		-	veteran–owned business;
84		-
85		-	[(xiv)] (XV) (XVI) a member of the Senate, appointed by the President
86		-	of the Senate; and
87		-
88		-	[(xv)] (XVI) (XVII) a member of the House of Delegates, appointed by
89		-	the Speaker of the House.
90		-
91		-	(2) (i) If the State Treasurer is unable to attend a meeting of the
92		-	Council, the Treasurer may designate the Deputy Treasurer to attend the meeting.
93		-
94		-	(ii) If a member of the Council listed in paragraph (1)(ii) through (xi)
95		-	of this subsection is unable to attend a meeting of the Council, the member may designate
96		-	a senior management staff member with experience in procurement to attend the meeting.
97		-	WES MOORE, Governor Ch. 26
98		-
99		-	– 3 –
100		-	(III) IF THE COMPTROLLER IS UNABLE TO ATTEND A MEETING
101		-	OF THE COUNCIL, THE COMPTROLLER MAY SEND A DESIGNEE TO A TTEND THE
102		-	MEETING.
103		-
104		-	(IV) IF THE ATTORNEY GENERAL IS UNABLE TO ATTEND A
105		-	MEETING OF THE COUNCIL, THE ATTORNEY GENERAL MAY SEND A DE SIGNEE TO
106		-	ATTEND THE MEETING .
107		-
108		-	(d) The Chief Procurement Officer is Chairman of the Council.
109		-
110		-	(e) The Council shall meet at least quarterly each year.
111		-
112		-	(f) The Chief Procurement Officer is the principal staff of the Council and the
113		-	Council shall have any additional staff authorized in accordance with the State budget.
114		-
115		-	(g) The Council shall:
116		-
117		-	(1) ensure that the State’s procurement system is utilizing the most
118		-	advanced procurement methods and management techniques, including policies,
119		-	procedures, and forms for all procurement activity and contract management;
120		-
121		-	(2) effect and enhance communication between State units on procurement
122		-	matters, with an emphasis on disseminating information on current developments and
123		-	advances in procurement methods and management;
124		-
125		-	(3) provide a forum for the discussion of specific procurement issues and
126		-	problems that arise, including:
127		-
128		-	(i) procurement officer training;
129		-
130		-	(ii) risk analysis and insurance requirements;
131		-
132		-	(iii) management of eMaryland Marketplace and other Internet
133		-	procurement resources;
134		-
135		-	(iv) use of eMaryland Marketplace and compliance with § 17–502 of
136		-	this article;
137		-
138		-	(v) use of intergovernmental cooperative purchasing agreements;
139		-	and
140		-
141		-	(VI) STRATEGIES TO INCREA SE THE PARTICIPATION OF SMALL,
142		-	MINORITY–OWNED, AND WOMEN –OWNED BUSINESSES IN PROCUREMENT
143		-	CONTRACTS; AND
144		-
145		-	(vi) (VII) any other issues or problems identified by the Council; Ch. 26 2023 LAWS OF MARYLAND
146		-
147		-	– 4 –
148		-
149		-	(4) advise the Board on problems in the procurement process and make
150		-	recommendations for improvement of the process;
151		-
152		-	(5) review existing procurement regulations to:
153		-
154		-	(i) determine whether they fulfill the intent and purpose of the law,
155		-	especially as it relates to fostering broad–based competition; and
156		-
157		-	(ii) make recommendations on the regulations, if revising and
158		-	restructuring them will result in easier understanding and use; and
159		-
160		-	(6) advise the General Assembly on proposed legislation in order to
161		-	enhance the efficiency and transparency of State procurement.
162		-
163		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
164		-	October 1, 2023.
165	1
166	2
167		-	Approved by the Governor, April 11, 2023.
	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	+	hb0429
	9	+
	10	+	HOUSE BILL 429
	11	+	P2 3lr2645
	12	+	CF SB 451
	13	+	By: Delegate Charles Delegates Charles, Alston, Bagnall, Bhandari, Chisholm,
	14	+	Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Martinez,
	15	+	M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Szeliga, Taveras, White, and
	16	+	Woods
	17	+	Introduced and read first time: January 30, 2023
	18	+	Assigned to: Health and Government Operations
	19	+	Committee Report: Favorable with amendments
	20	+	House action: Adopted
	21	+	Read second time: March 5, 2023
	22	+
	23	+	CHAPTER ______
	24	+
	25	+	AN ACT concerning 1
	26	+
	27	+	Procurement Improvement Council – Membership and Duties 2
	28	+
	29	+	FOR the purpose of altering the membership of the Procurement Improvement Council; 3
	30	+	authorizing a certain member certain members to send a designee to attend certain 4
	31	+	meetings under certain circumstances; clarifying the duties of the Council; and 5
	32	+	generally relating to the membership of the Procurement Improvement Council. 6
	33	+
	34	+	BY repealing and reenacting, with amendments, 7
	35	+	Article – State Finance and Procurement 8
	36	+	Section 12–105 9
	37	+	Annotated Code of Maryland 10
	38	+	(2021 Replacement Volume and 2022 Supplement) 11
	39	+
	40	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
	41	+	That the Laws of Maryland read as follows: 13
	42	+
	43	+	Article – State Finance and Procurement 14
	44	+
	45	+	12–105. 15
	46	+
	47	+	(a) In this section, “Council” means the Procurement Improvement Council. 16
	48	+	2 HOUSE BILL 429
	49	+
	50	+
	51	+	(b) There is a Procurement Improvement Council. 1
	52	+
	53	+	(c) (1) The Council consists of the following [20] members: 2
	54	+
	55	+	(i) the State Treasurer; 3
	56	+
	57	+	(ii) the Chancellor of the University System of Maryland; 4
	58	+
	59	+	(iii) the Chief Procurement Officer; 5
	60	+
	61	+	(iv) the Secretary of Information Technology; 6
	62	+
	63	+	(v) the Secretary of Transportation; 7
	64	+
	65	+	(vi) the Procurement Advisor of the Board; 8
	66	+
	67	+	(vii) the Special Secretary for the Office of Small, Minority, and 9
	68	+	Women Business Affairs; 10
	69	+
	70	+	(viii) the Secretary of Juvenile Services; 11
	71	+
	72	+	(ix) the Secretary of Human Services; 12
	73	+
	74	+	(x) the Secretary of Health; 13
	75	+
	76	+	(xi) the State Superintendent of Schools; 14
	77	+
	78	+	(XII) THE COMPTROLLER ; 15
	79	+
	80	+	(XIII) THE ATTORNEY GENERAL; 16
	81	+
	82	+	[(xii)] (XIII) (XIV) the following individuals, appointed by the 17
	83	+	Governor with the advice and consent of the Senate: 18
	84	+
	85	+	1. a representative of local government who has expertise in 19
	86	+	local procurement matters; 20
	87	+
	88	+	2. two representatives of social service providers in the State; 21
	89	+	and 22
	90	+
	91	+	3. a representative of a minority –, women–, or 23
	92	+	veteran–owned business; 24
	93	+
	94	+	[(xiii)] (XIV) (XV) three members of the general public appointed by 25
	95	+	the presiding officers of the General Assembly, of whom: 26
	96	+	HOUSE BILL 429 3
	97	+
	98	+
	99	+	1. at least one shall have expertise in State procurement 1
	100	+	matters; and 2
	101	+
	102	+	2. at least two shall represent a minority–, women–, or 3
	103	+	veteran–owned business; 4
	104	+
	105	+	[(xiv)] (XV) (XVI) a member of the Senate, appointed by the President 5
	106	+	of the Senate; and 6
	107	+
	108	+	[(xv)] (XVI) (XVII) a member of the House of Delegates, appointed by 7
	109	+	the Speaker of the House. 8
	110	+
	111	+	(2) (i) If the State Treasurer is unable to attend a meeting of the 9
	112	+	Council, the Treasurer may designate the Deputy Treasurer to attend the meeting. 10
	113	+
	114	+	(ii) If a member of the Council listed in paragraph (1)(ii) through (xi) 11
	115	+	of this subsection is unable to attend a meeting of the Council, the member may designate 12
	116	+	a senior management staff member with experience in procurement to attend the meeting. 13
	117	+
	118	+	(III) IF THE COMPTROLLER IS UNABLE TO ATTEND A MEETING 14
	119	+	OF THE COUNCIL, THE COMPTROLLER MAY SEND A DESIGNEE TO ATTEND THE 15
	120	+	MEETING. 16
	121	+
	122	+	(IV) IF THE ATTORNEY GENERAL IS UNABLE TO ATTEND A 17
	123	+	MEETING OF THE COUNCIL, THE ATTORNEY GENERAL MAY SEND A DE SIGNEE TO 18
	124	+	ATTEND THE MEETING . 19
	125	+
	126	+	(d) The Chief Procurement Officer is Chairman of the Council. 20
	127	+
	128	+	(e) The Council shall meet at least quarterly each year. 21
	129	+
	130	+	(f) The Chief Procurement Officer is the principal staff of the Council and the 22
	131	+	Council shall have any additional staff authorized in accordance with the State budget. 23
	132	+
	133	+	(g) The Council shall: 24
	134	+
	135	+	(1) ensure that the State’s procurement system is utilizing the most 25
	136	+	advanced procurement methods and management techniques, including policies, 26
	137	+	procedures, and forms for all procurement activity and contract management; 27
	138	+
	139	+	(2) effect and enhance communication between State units on procurement 28
	140	+	matters, with an emphasis on disseminating information on current developments and 29
	141	+	advances in procurement methods and management; 30
	142	+
	143	+	(3) provide a forum for the discussion of specific procurement issues and 31
	144	+	problems that arise, including: 32 4 HOUSE BILL 429
	145	+
	146	+
	147	+
	148	+	(i) procurement officer training; 1
	149	+
	150	+	(ii) risk analysis and insurance requirements; 2
	151	+
	152	+	(iii) management of eMaryland Marketplace and other Internet 3
	153	+	procurement resources; 4
	154	+
	155	+	(iv) use of eMaryland Marketplace and compliance with § 17–502 of 5
	156	+	this article; 6
	157	+
	158	+	(v) use of intergovernmental cooperative purchasing agreements; 7
	159	+	and 8
	160	+
	161	+	(VI) STRATEGIES TO INCREA SE THE PARTICIPATION OF SMALL, 9
	162	+	MINORITY–OWNED, AND WOMEN –OWNED BUSINESSES IN PROCUREMENT 10
	163	+	CONTRACTS; AND 11
	164	+
	165	+	(vi) (VII) any other issues or problems identified by the Council; 12
	166	+
	167	+	(4) advise the Board on problems in the procurement process and make 13
	168	+	recommendations for improvement of the process; 14
	169	+
	170	+	(5) review existing procurement regulations to: 15
	171	+
	172	+	(i) determine whether they fulfill the intent and purpose of the law, 16
	173	+	especially as it relates to fostering broad–based competition; and 17
	174	+
	175	+	(ii) make recommendations on the regulations, if revising and 18
	176	+	restructuring them will result in easier understanding and use; and 19
	177	+
	178	+	(6) advise the General Assembly on proposed legislation in order to 20
	179	+	enhance the efficiency and transparency of State procurement. 21
	180	+
	181	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	182	+	October 1, 2023. 23
	183	+
	184	+
	185	+