EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *sb1014* SENATE BILL 1014 P2 (4lr2068) ENROLLED BILL — Budget and Taxation/Health and Government Operations — Introduced by Senator Charles Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at __ ______________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ AN ACT concerning 1 State Procurement – Minority Business Enterprises and Small Business 2 Enterprises – Procurement Forecast and Outreach 3 FOR the purpose of requiring each unit to publish on the unit’s website annually a certain 4 procurement forecast; requiring the Office of Small, Minority, and Women Business 5 Affairs to consult with each primary procurement unit to identify potential 6 contracting opportunities for and increase outreach efforts to small businesses; 7 requiring the Office to develop a certain program requiring each unit to submit, on 8 or before certain dates each year, certain procurement forecasts to the Office in 9 accordance with certain requirements; and generally relating to minority business 10 enterprise and small business enterprise participation in State procurement. 11 BY adding to 12 Article – State Finance and Procurement 13 Section 14–302(a)(16) 14 2 SENATE BILL 1014 Annotated Code of Maryland 1 (2021 Replacement Volume and 2023 Supplement) 2 BY repealing and reenacting, without amendments, 3 Article – State Government 4 Section 9–302 5 Annotated Code of Maryland 6 (2021 Replacement Volume and 2023 Supplement) 7 BY adding to 8 Article – State Government 9 Section 9–304.1 and 9–308 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2023 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – State Finance and Procurement 15 14–302. 16 (a) (16) ON OR BEFORE MAY 1 EACH YEAR, EACH UNIT SHALL PUBL ISH ON 17 THE UNIT’S WEBSITE A PROCUREM ENT FORECAST LISTING ALL KNOWN AN D 18 ANTICIPATED PROCUREM ENTS TO BE MADE BY T HE UNIT IN THE UPCOM ING FISCAL 19 YEAR, INCLUDING AN ESTIMAT E OF THE ANTICIPATED MINORITY BUSINESS 20 ENTERPRISE PARTICIPA TION GOALS FOR EACH PROCUREMENT . 21 Article – State Government 22 9–302. 23 There is an Office of Small, Minority, and Women Business Affairs in the Executive 24 Department. 25 9–304.1. 26 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27 INDICATED. 28 (2) “PRIMARY PROCUREMENT U NIT” HAS THE MEANING STAT ED IN § 29 11–101 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 30 (3) “SMALL BUSINESS ” HAS THE MEANING STAT ED IN § 14–501 OF 31 THE STATE FINANCE AND PROCUREMENT ARTICLE. 32 SENATE BILL 1014 3 (B) THE OFFICE SHALL CONSULT WITH EACH PRIMARY PR OCUREMENT 1 UNIT TO IDENTIFY POT ENTIAL CONTRACTING O PPORTUNITIES FOR AND INCREASE 2 OUTREACH EFFORTS TO SMALL BUSINESSES . 3 (C) THE OFFICE, IN CONSULTATION WITH PRIMARY PROCUREMENT UNITS, 4 SHALL DEVELOP A PROGRAM TO : 5 (1) IDENTIFY AND INCREAS E AWARENESS OF PROCU REMENT 6 OPPORTUNITIES FOR SM ALL BUSINESS CONTRACTS BUSINESSES FOR SERVICES AND 7 SUPPLIES; AND 8 (2) ASSIST SMALL BUSINES SES IN COMPLYING WITH PROCEDURES 9 FOR BIDDING ON A PRO CUREMENT CONTRACT OR RESPONDING TO A REQU EST FOR 10 PROPOSALS. 11 9–308. 12 (A) ON OR BEFORE JUNE 30 EACH YEAR, EACH UNIT SHALL SUBM IT TO THE 13 OFFICE A PROCUREMENT FORECAST FOR ALL PROCUREMENT CONTRACTS OVER 14 $100,000 FOR THE UPCOMING FIS CAL YEAR. 15 (B) (1) ON OR BEFORE AUGUST 15 EACH YEAR, EACH UNIT SHALL SUBM IT 16 ANNUALLY THE UNIT ’S RECONCILIATION OF THE PRIOR FISCAL YEA R’S 17 PROCUREMENT FORECAST TO INCLUDE: 18 (I) THE STATUS OF THE FO RECASTED PROCUREMENT S; 19 (II) THE TOTAL NUMBER OF FORECASTED CONTRACTS THAT 20 HAVE BEEN AWARDED ; AND 21 (III) THE TOTAL NUMBER OF PROCUREMENTS THAT HA VE BEEN 22 AWARDED BUT WERE UNA NTICIPATED BY THE UN IT’S PRIOR FISCAL YEAR ’S 23 PROCUREMENT FORECAST . 24 (2) EACH UNIT SHALL NOTIF Y THE OFFICE WITHIN 15 DAYS OF ANY 25 UPDATES TO THE EXIST ING FORECAST, INCLUDING: 26 (I) ADDITIONAL PROCUREME NTS FORECASTED FOR T HE 27 CURRENT FISCAL YEAR ; AND 28 (II) ANY PREVIOUSLY FOREC ASTED PROCUREMENTS T HAT ARE 29 NO LONGER ANTICIPATE D TO OCCUR DURING TH E FISCAL YEAR. 30 4 SENATE BILL 1014 (3) THE OFFICE SHALL PUBLISH THE INFORMATION PROV IDED BY 1 EACH UNIT ON THE OFFICE’S WEBSITE. 2 SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification 3 Number (PIN) shall be created in the Governor’s Office of Small, Minority, and Women 4 Business Affairs for a compliance officer to carry out the requirements of §§ 9–304.1 and 5 9–308 of the State Government Article, as enacted by Section 1 of this Act. 6 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2024. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.