EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0438*
SENATE BILL 438
P2 3lr2677
SB 248/22 – B&T CF 3lr2685
By: Senator Hayes
Introduced and read first time: February 2, 2023
Assigned to: Budget and Taxation
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
(d) “Preferred provider” means a provider of supplies or services given preference 24 2 SENATE BILL 438
in § 14–103 of this subtitle. 1
14–103. 2
(a) A State or State aided or controlled entity shall buy supplies and services 3
from: 4
(1) Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of 5
the Correctional Services Article, if Maryland Correctional Enterprises provides the 6
supplies or services; 7
(2) Blind Industries and Services of Maryland, if: 8
(i) Blind Industries and Services of Maryland provides the supplies 9
or services; and 10
(ii) Maryland Correctional Enterprises does not provide the supplies 11
or services; or 12
(3) the Employment Works Program established under § 14–108 of this 13
subtitle, if: 14
(i) a community service provider or an individual with disability 15
owned business provides the supplies or services; 16
(ii) neither Maryland Correctional Enterprises nor Blind Industries 17
and Services of Maryland provides the supplies or services; and 18
(iii) a State or State aided or controlled entity is not required by law 19
to buy the supplies or services from any other unit of the State government. 20
14–302. 21
(a) (1) (i) 1. Except for leases of real property, each unit shall structure 22
procurement procedures, consistent with the purposes of this subtitle, to try to achieve an 23
overall percentage goal of the unit’s total dollar value of procurement contracts being made 24
directly or indirectly to certified minority business enterprises. 25
2. Notwithstanding subsubparagraph 1 of this 26
subparagraph, the following contracts may not be counted as part of a unit’s total dollar 27
value of procurement contracts: 28
A. EXCEPT FOR CONTRACTS AWARDED TO MARYLAND 29
CORRECTIONAL ENTERPRISES, a procurement contract awarded TO PREFERRED 30
PROVIDERS in accordance with Subtitle 1 of this title; 31
B. a procurement contract awarded to a nonprofit entity in 32 SENATE BILL 438 3
accordance with requirements mandated by State or federal law; and 1
C. a procurement by the Maryland Developmental 2
Disabilities Administration of the Maryland Department of Health for family and 3
individual support services, community residential services, resource coordination services, 4
behavioral support services, vocational and day services, and respite services, as those 5
terms are defined in regulations adopted by the Maryland Department of Health. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2023. 8