Maryland 2023 Regular Session

Maryland Senate Bill SB578 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0578
6	6
7	7	SENATE BILL 578
8	8	P2 3lr2652
9	9	CF HB 646
10	10	By: Senator Hayes
11	11	Introduced and read first time: February 6, 2023
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Procurement – Minority Business Enterprises and Small Business 2
19	19	Enterprises – Procurement Forecast, Employee Performance, and Outreach 3
20	20	(Small Business Protection Act of Maryland) 4
21	21
22	22	FOR the purpose of requiring each unit to publish on the unit’s website annually a certain 5
23	23	procurement forecast; requiring a unit determining eligibility for a merit increase or 6
24	24	performance–based promotion for a certain procurement officer or certain other 7
25	25	employee to consider certain efforts by the officer or employee in meeting certain 8
26	26	minority enterprise participation goals; prohibiting a certain procurement officer or 9
27	27	certain other employee from receiving a certain promotion or merit increase under 10
28	28	certain circumstances; requiring a certain procurement officer or certain other 11
29	29	employee to have their employment with the unit terminated or be reassigned to a 12
30	30	certain other position under certain circumstances; requiring the Office of Small, 13
31	31	Minority, and Women Business Affairs to consult with each primary procurement 14
32	32	unit to identify potential contracting opportunities for and increase outreach efforts 15
33	33	to small businesses; requiring the Office to develop a certain program; and generally 16
34	34	relating to minority business enterprise and small business enterprise participation 17
35	35	in State procurement. 18
36	36
37	37	BY adding to 19
38	38	Article – State Finance and Procurement 20
39	39	Section 14–302(a)(16) and 14–302.1 21
40	40	Annotated Code of Maryland 22
41	41	(2021 Replacement Volume and 2022 Supplement) 23
42	42
43	43	BY repealing and reenacting, without amendments, 24
44	44	Article – State Government 25
45	45	Section 9–302 26
46	46	Annotated Code of Maryland 27
47	47	(2021 Replacement Volume and 2022 Supplement) 28
48	48	2 SENATE BILL 578
49	49
50	50
51	51	BY adding to 1
52	52	Article – State Government 2
53	53	Section 9–304.1 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume and 2022 Supplement) 5
56	56
57	57	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58	58	That the Laws of Maryland read as follows: 7
59	59
60	60	Article – State Finance and Procurement 8
61	61
62	62	14–302. 9
63	63
64	64	(a) (16) ON OR BEFORE MAY 1 EACH YEAR, EACH UNIT SHALL PUBL ISH ON 10
65	65	THE UNIT’S WEBSITE A PROCUREMENT FORECAST LISTING ALL KNOWN AND 11
66	66	ANTICIPATED PROCUREM ENTS TO BE MADE BY T HE UNIT IN THE UPCOM ING FISCAL 12
67	67	YEAR, INCLUDING AN ESTIMATION OF THE ANTICIPATED MINORITY BUSINESS 13
68	68	ENTERPRISE PARTICIPA TION GOALS FOR EACH PROCUREMENT . 14
69	69
70	70	14–302.1. 15
71	71
72	72	(A) NOTWITHSTANDING ANY O THER LAW, WHEN A UNIT IS DETERMINING 16
73	73	ELIGIBILITY FOR A MERIT INCREASE OR PERFORMANCE –BASED PROMOTION FOR A 17
74	74	PROCUREMENT OFFICER OR OTHER EMPLOYEE RE SPONSIBLE FOR PROCUR ING 18
75	75	GOODS AND SERVICES O N BEHALF OF THE UNIT, THE UNIT SHALL CONSI DER THE 19
76	76	EFFORTS OF THE PROCU REMENT OFFICER OR EM PLOYEE TO ASSIST THE UNIT IN 20
77	77	MEETING A MINORITY BUSINESS ENTERPRISE GOAL SET IN ACCORDANCE WITH T HIS 21
78	78	SUBTITLE. 22
79	79
80	80	(B) NOTWITHSTANDING ANY O THER LAW, IF A UNIT DOES NOT M EET A 23
81	81	MINORITY BUSI NESS ENTERPRISE GOAL SET IN ACCORDANCE WI TH THIS SUBTITLE , 24
82	82	THE UNIT’S PROCUREMENT OFFICE R AND ANY OTHER EMPL OYEE RESPONSIBLE FOR 25
83	83	PROCURING GOODS AND SERVICES ON BEHALF O F THAT UNIT: 26
84	84
85	85	(1) MAY NOT RECEIVE ANY MERIT INCREASE OR PR OMOTION BASED 27
86	86	ON THEIR PERF ORMANCE DURING ANY F ISCAL YEAR IN WHICH THE GOAL IS NOT MET 28
87	87	AND THERE IS NO IMPR OVEMENT OVER THE PRE VIOUS FISCAL YEAR TO WARD 29
88	88	MEETING THAT GOAL ; AND 30
89	89
90	90	(2) IF THERE IS NO IMPRO VEMENT TOWARD MEETIN G THE GOAL 31
91	91	OVER 3 CONSECUTIVE FISCAL Y EARS, SHALL HAVE THEIR EMPLOYMENT WITH THE 32
92	92	UNIT TERMINATED OR BE REASSIGNED TO A POSITI ON THAT DOES NOT INC LUDE 33
93	93	INVOLVEMENT WITH THE UNIT’S PROCUREMENT ACTIVI TIES. 34
94	94
95	95	Article – State Government 35 SENATE BILL 578 3
96	96
97	97
98	98
99	99	9–302. 1
100	100
101	101	There is an Office of Small, Minority, and Women Business Affairs in the Executive 2
102	102	Department. 3
103	103
104	104	9–304.1. 4
105	105
106	106	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
107	107	INDICATED. 6
108	108
109	109	(2) “PRIMARY PROCUREMENT U NIT” HAS THE MEANING STAT ED IN § 7
110	110	11–101 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
111	111
112	112	(3) “SMALL BUSINESS ” HAS THE MEANING STATED IN § 14–501 OF 9
113	113	THE STATE FINANCE AND PROCUREMENT ARTICLE. 10
114	114
115	115	(B) THE OFFICE SHALL CONSULT WITH EACH PRIMARY PROCUREMENT 11
116	116	UNIT TO IDENTIFY POT ENTIAL CONTRACTING O PPORTUNITIES FOR AND INCREASE 12
117	117	OUTREACH EFFORTS TO SMALL BUSINESSES . 13
118	118
119	119	(C) THE OFFICE, IN CONSULTATION WITH THE PRIMARY PROCUREM ENT 14
120	120	UNITS, SHALL DEVELOP A PROGRAM TO : 15
121	121
122	122	(1) IDENTIFY AND INCREASE AWARENESS O F PROCUREMENT 16
123	123	OPPORTUNITIES FOR SMALL BUSINESSES CON TRACTS FOR SERVICES AND 17
124	124	SUPPLIES; 18
125	125
126	126	(2) ASSIST SMALL BUSINES SES IN COMPLYIN G WITH PROCEDURES 19
127	127	WITH BIDDING ON A PROCUREMENT CONTRA CT OR RESPONDING TO A R EQUEST FOR 20
128	128	PROPOSALS. 21
129	129
130	130	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
131	131	October 1, 2023. 23