Maryland 2023 Regular Session

Maryland House Bill HB743 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 MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0743
6	6
7	7	HOUSE BILL 743
8	8	P2 3lr2685
9	9	HB 450/22 – HGO CF SB 438
10	10	By: Delegates Phillips, D. Barnes, Charles, Crutchfield, Hill, Jackson, J. Long,
11	11	McCaskill, Pasteur, Simmons, Simpson, Taveras, Taylor, and Wilkins
12	12	Introduced and read first time: February 8, 2023
13	13	Assigned to: Health and Government Operations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Minority Business Enterprises – Calculation of Participation Rates – 2
20	20	Procurements From Maryland Correctional Enterprises 3
21	21
22	22	FOR the purpose of requiring a State procurement unit to include the dollar value of its 4
23	23	contracts with Maryland Correctional Enterprises in the total dollar value of its 5
24	24	procurements for the purpose of calculating the unit’s Minority Business Enterprise 6
25	25	Program participation rate; and generally relating to participation in the Maryland 7
26	26	Minority Business Enterprise Program. 8
27	27
28	28	BY repealing and reenacting, without amendments, 9
29	29	Article – State Finance and Procurement 10
30	30	Section 14–101(a) and (d) and 14–103(a) 11
31	31	Annotated Code of Maryland 12
32	32	(2021 Replacement Volume and 2022 Supplement) 13
33	33
34	34	BY repealing and reenacting, with amendments, 14
35	35	Article – State Finance and Procurement 15
36	36	Section 14–302(a)(1)(i) 16
37	37	Annotated Code of Maryland 17
38	38	(2021 Replacement Volume and 2022 Supplement) 18
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
41	41	That the Laws of Maryland read as follows: 20
42	42
43	43	Article – State Finance and Procurement 21
44	44
45	45	14–101. 22
46	46
47	47	(a) In this subtitle the following words have the meanings indicated. 23
48	48	2 HOUSE BILL 743
49	49
50	50
51	51	(d) “Preferred provider” means a provider of supplies or services given preference 1
52	52	in § 14–103 of this subtitle. 2
53	53
54	54	14–103. 3
55	55
56	56	(a) A State or State aided or controlled entity shall buy supplies and services 4
57	57	from: 5
58	58
59	59	(1) Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of 6
60	60	the Correctional Services Article, if Maryland Correctional Enterprises provides the 7
61	61	supplies or services; 8
62	62
63	63	(2) Blind Industries and Services of Maryland, if: 9
64	64
65	65	(i) Blind Industries and Services of Maryland provides the supplies 10
66	66	or services; and 11
67	67
68	68	(ii) Maryland Correctional Enterprises does not provide the supplies 12
69	69	or services; or 13
70	70
71	71	(3) the Employment Works Program established under § 14–108 of this 14
72	72	subtitle, if: 15
73	73
74	74	(i) a community service provider or an individual with disability 16
75	75	owned business provides the supplies or services; 17
76	76
77	77	(ii) neither Maryland Correctional Enterprises nor Blind Industries 18
78	78	and Services of Maryland provides the supplies or services; and 19
79	79
80	80	(iii) a State or State aided or controlled entity is not required by law 20
81	81	to buy the supplies or services from any other unit of the State government. 21
82	82
83	83	14–302. 22
84	84
85	85	(a) (1) (i) 1. Except for leases of real property, each unit shall structure 23
86	86	procurement procedures, consistent with the purposes of this subtitle, to try to achieve an 24
87	87	overall percentage goal of the unit’s total dollar value of procurement contracts being made 25
88	88	directly or indirectly to certified minority business enterprises. 26
89	89
90	90	2. Notwithstanding subsubpar agraph 1 of this 27
91	91	subparagraph, the following contracts may not be counted as part of a unit’s total dollar 28
92	92	value of procurement contracts: 29
93	93
94	94	A. EXCEPT FOR CONTRACTS AWARDED TO MARYLAND 30
95	95	CORRECTIONAL ENTERPRISES, a procurement contract awarded TO PREFERRE D 31
96	96	PROVIDERS in accordance with Subtitle 1 of this title; 32
97	97	HOUSE BILL 743 3
98	98
99	99
100	100	B. a procurement contract awarded to a nonprofit entity in 1
101	101	accordance with requirements mandated by State or federal law; and 2
102	102
103	103	C. a procurement by the Maryland Developmental 3
104	104	Disabilities Administration of the Maryland Department of Health for family and 4
105	105	individual support services, community residential services, resource coordination services, 5
106	106	behavioral support services, vocational and day services, and respite services, as those 6
107	107	terms are defined in regulations adopted by the Maryland Department of Health. 7
108	108
109	109	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
110	110	October 1, 2023. 9
111	111