EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0743*
HOUSE BILL 743
P2 3lr2685
HB 450/22 – HGO CF SB 438
By: Delegates Phillips, D. Barnes, Charles, Crutchfield, Hill, Jackson, J. Long,
McCaskill, Pasteur, Simmons, Simpson, Taveras, Taylor, and Wilkins
Introduced and read first time: February 8, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Minority Business Enterprises – Calculation of Participation Rates – 2
Procurements From Maryland Correctional Enterprises 3
FOR the purpose of requiring a State procurement unit to include the dollar value of its 4
contracts with Maryland Correctional Enterprises in the total dollar value of its 5
procurements for the purpose of calculating the unit’s Minority Business Enterprise 6
Program participation rate; and generally relating to participation in the Maryland 7
Minority Business Enterprise Program. 8
BY repealing and reenacting, without amendments, 9
Article – State Finance and Procurement 10
Section 14–101(a) and (d) and 14–103(a) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – State Finance and Procurement 15
Section 14–302(a)(1)(i) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2022 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – State Finance and Procurement 21
14–101. 22
(a) In this subtitle the following words have the meanings indicated. 23
2 HOUSE BILL 743
(d) “Preferred provider” means a provider of supplies or services given preference 1
in § 14–103 of this subtitle. 2
14–103. 3
(a) A State or State aided or controlled entity shall buy supplies and services 4
from: 5
(1) Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of 6
the Correctional Services Article, if Maryland Correctional Enterprises provides the 7
supplies or services; 8
(2) Blind Industries and Services of Maryland, if: 9
(i) Blind Industries and Services of Maryland provides the supplies 10
or services; and 11
(ii) Maryland Correctional Enterprises does not provide the supplies 12
or services; or 13
(3) the Employment Works Program established under § 14–108 of this 14
subtitle, if: 15
(i) a community service provider or an individual with disability 16
owned business provides the supplies or services; 17
(ii) neither Maryland Correctional Enterprises nor Blind Industries 18
and Services of Maryland provides the supplies or services; and 19
(iii) a State or State aided or controlled entity is not required by law 20
to buy the supplies or services from any other unit of the State government. 21
14–302. 22
(a) (1) (i) 1. Except for leases of real property, each unit shall structure 23
procurement procedures, consistent with the purposes of this subtitle, to try to achieve an 24
overall percentage goal of the unit’s total dollar value of procurement contracts being made 25
directly or indirectly to certified minority business enterprises. 26
2. Notwithstanding subsubpar agraph 1 of this 27
subparagraph, the following contracts may not be counted as part of a unit’s total dollar 28
value of procurement contracts: 29
A. EXCEPT FOR CONTRACTS AWARDED TO MARYLAND 30
CORRECTIONAL ENTERPRISES, a procurement contract awarded TO PREFERRE D 31
PROVIDERS in accordance with Subtitle 1 of this title; 32
HOUSE BILL 743 3
B. a procurement contract awarded to a nonprofit entity in 1
accordance with requirements mandated by State or federal law; and 2
C. a procurement by the Maryland Developmental 3
Disabilities Administration of the Maryland Department of Health for family and 4
individual support services, community residential services, resource coordination services, 5
behavioral support services, vocational and day services, and respite services, as those 6
terms are defined in regulations adopted by the Maryland Department of Health. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2023. 9