Maryland 2023 Regular Session

Maryland Senate Bill SB451 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 27
2		-
3		-	– 1 –
4		-	Chapter 27
5		-	(Senate Bill 451)
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. 27 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. 27
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. 27 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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0451
	10	+
	11	+	SENATE BILL 451
	12	+	P2 (3lr2511)
	13	+	ENROLLED BILL
	14	+	— Budget and Taxation/Health and Government Operations —
	15	+	Introduced by Senator Griffith Senators Griffith and Hester
	16	+
	17	+	Read and Examined by Proofreaders:
	18	+
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
	25	+
	26	+	_______ day of _______________ at ________________________ o’clock, ________M.
	27	+
	28	+	______________________________________________
	29	+	President.
	30	+
	31	+	CHAPTER ______
	32	+
	33	+	AN ACT concerning 1
	34	+
	35	+	Procurement Improvement Council – Membership and Duties 2
	36	+
	37	+	FOR the purpose of altering the membership of the Procurement Improvement Council; 3
	38	+	authorizing a certain member certain members to send a designee to attend certain 4
	39	+	meetings under certain circumstances; clarifying the duties of the Council; and 5
	40	+	generally relating to the membership of the Procurement Improvement Council. 6
	41	+
	42	+	BY repealing and reenacting, with amendments, 7
	43	+	Article – State Finance and Procurement 8
	44	+	Section 12–105 9
	45	+	Annotated Code of Maryland 10
	46	+	(2021 Replacement Volume and 2022 Supplement) 11
	47	+
	48	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
	49	+	That the Laws of Maryland read as follows: 13 2 SENATE BILL 451
	50	+
	51	+
	52	+
	53	+	Article – State Finance and Procurement 1
	54	+
	55	+	12–105. 2
	56	+
	57	+	(a) In this section, “Council” means the Procurement Improvement Council. 3
	58	+
	59	+	(b) There is a Procurement Improvement Council. 4
	60	+
	61	+	(c) (1) The Council consists of the following [20] members: 5
	62	+
	63	+	(i) the State Treasurer; 6
	64	+
	65	+	(ii) the Chancellor of the University System of Maryland; 7
	66	+
	67	+	(iii) the Chief Procurement Officer; 8
	68	+
	69	+	(iv) the Secretary of Information Technology; 9
	70	+
	71	+	(v) the Secretary of Transportation; 10
	72	+
	73	+	(vi) the Procurement Advisor of the Board; 11
	74	+
	75	+	(vii) the Special Secretary for the Office of Small, Minority, and 12
	76	+	Women Business Affairs; 13
	77	+
	78	+	(viii) the Secretary of Juvenile Services; 14
	79	+
	80	+	(ix) the Secretary of Human Services; 15
	81	+
	82	+	(x) the Secretary of Health; 16
	83	+
	84	+	(xi) the State Superintendent of Schools; 17
	85	+
	86	+	(XII) THE COMPTROLLER ; 18
	87	+
	88	+	(XIII) THE ATTORNEY GENERAL; 19
	89	+
	90	+	[(xii)] (XIII) (XIV) the following individuals, appointed by the 20
	91	+	Governor with the advice and consent of the Senate: 21
	92	+
	93	+	1. a representative of local government who has expertise in 22
	94	+	local procurement matters; 23
	95	+
	96	+	2. two representatives of social service providers in the State; 24
	97	+	and 25 SENATE BILL 451 3
	98	+
	99	+
	100	+
	101	+	3. a representative of a minority –, women–, or 1
	102	+	veteran–owned business; 2
	103	+
	104	+	[(xiii)] (XIV) (XV) three members of the general public appointed by 3
	105	+	the presiding officers of the General Assembly, of whom: 4
	106	+
	107	+	1. at least one shall have expertise in State procurement 5
	108	+	matters; and 6
	109	+
	110	+	2. at least two shall represent a minority–, women–, or 7
	111	+	veteran–owned business; 8
	112	+
	113	+	[(xiv)] (XV) (XVI) a member of the Senate, appointed by the President 9
	114	+	of the Senate; and 10
	115	+
	116	+	[(xv)] (XVI) (XVII) a member of the House of Delegates, appointed by 11
	117	+	the Speaker of the House. 12
	118	+
	119	+	(2) (i) If the State Treasurer is unable to attend a meeting of the 13
	120	+	Council, the Treasurer may designate the Deputy Treasurer to attend the meeting. 14
	121	+
	122	+	(ii) If a member of the Council listed in paragraph (1)(ii) through (xi) 15
	123	+	of this subsection is unable to attend a meeting of the Council, the member may designate 16
	124	+	a senior management staff member with experience in procurement to attend the meeting. 17
	125	+
	126	+	(III) IF THE COMPTROLLER IS UNABLE TO ATTEND A MEETING 18
	127	+	OF THE COUNCIL, THE COMPTROLLER MAY SEND A DESIGNEE TO ATTEND THE 19
	128	+	MEETING. 20
	129	+
	130	+	(IV) IF THE ATTORNEY GENERAL IS UNABLE TO ATTEND A 21
	131	+	MEETING OF THE COUNCIL, THE ATTORNEY GENERAL MAY SEND A DE SIGNEE TO 22
	132	+	ATTEND THE MEETING. 23
	133	+
	134	+	(d) The Chief Procurement Officer is Chairman of the Council. 24
	135	+
	136	+	(e) The Council shall meet at least quarterly each year. 25
	137	+
	138	+	(f) The Chief Procurement Officer is the principal staff of the Council and the 26
	139	+	Council shall have any additional staff authorized in accordance with the State budget. 27
	140	+
	141	+	(g) The Council shall: 28
	142	+
	143	+	(1) ensure that the State’s procurement system is utilizing the most 29
	144	+	advanced procurement methods and management techniques, including policies, 30
	145	+	procedures, and forms for all procurement activity and contract management; 31 4 SENATE BILL 451
	146	+
	147	+
	148	+
	149	+	(2) effect and enhance communication between State units on procurement 1
	150	+	matters, with an emphasis on disseminating information on current developments and 2
	151	+	advances in procurement methods and management; 3
	152	+
	153	+	(3) provide a forum for the discussion of specific procurement issues and 4
	154	+	problems that arise, including: 5
	155	+
	156	+	(i) procurement officer training; 6
	157	+
	158	+	(ii) risk analysis and insurance requirements; 7
	159	+
	160	+	(iii) management of eMaryland Marketplace and other Internet 8
	161	+	procurement resources; 9
	162	+
	163	+	(iv) use of eMaryland Marketplace and compliance with § 17–502 of 10
	164	+	this article; 11
	165	+
	166	+	(v) use of intergovernmental cooperative purchasing agreements; 12
	167	+	and 13
	168	+
	169	+	(VI) STRATEGIES TO INCREA SE THE PARTICIPATION OF SMALL, 14
	170	+	MINORITY–OWNED, AND WOMEN –OWNED BUSINESSES IN PROCUREMENT 15
	171	+	CONTRACTS; AND 16
	172	+
	173	+	(vi) (VII) any other issues or problems identified by the Council; 17
	174	+
	175	+	(4) advise the Board on problems in the procurement process and make 18
	176	+	recommendations for improvement of the process; 19
	177	+
	178	+	(5) review existing procurement regulations to: 20
	179	+
	180	+	(i) determine whether they fulfill the intent and purpose of the law, 21
	181	+	especially as it relates to fostering broad–based competition; and 22
	182	+
	183	+	(ii) make recommendations on the regulations, if revising and 23
	184	+	restructuring them will result in easier understanding and use; and 24
	185	+
	186	+	(6) advise the General Assembly on proposed legislation in order to 25
	187	+	enhance the efficiency and transparency of State procurement. 26
	188	+
	189	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect 27
	190	+	October 1, 2023. 28
	191	+
	192	+
	193	+