EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0284*
HOUSE BILL 284
P2 5lr0204
(PRE–FILED) CF SB 196
By: Chair, Health and Government Operations Committee (By Request –
Departmental – Transportation)
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Procurement – Electronic Transactions – Clarification of Fees Due 2
FOR the purpose of specifying that fees collected for electronic transactions for 3
procurements are those due to the State and not fees due to a third party; and 4
generally relating to electronic procurement transactions. 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 13–226 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – State Finance and Procurement 13
13–226. 14
(a) Unless otherwise prohibited by law, a primary procurement unit may conduct 15
procurement, including the solicitation of bids or proposals, evaluation, award, execution, 16
and administration of a contract, by electronic means as provided in the Uniform Electronic 17
Transactions Act in Title 21 of the Commercial Law Article. 18
(b) Bidding or submitting a proposal on a procurement contract by electronic 19
means shall constitute consent by the bidder or proposer to conduct by electronic means all 20
elements of the procurement of that contract which the unit agrees to conduct by electronic 21
means. 22
2 HOUSE BILL 284
(c) (1) (i) Except as provided in paragraph (2) of this subsection, a unit 1
utilizing electronic means to conduct procurement or a private contractor furnishing to the 2
State electronic means for conducting procurement may charge a reasonable fee, on 3
approval by the Chief Procurement Officer, to the bidder, proposer, or each contract 4
awardee for the use of the electronic means. 5
(ii) Any fees collected under subparagraph (i) of this paragraph 6
THAT ARE DUE TO THE STATE shall be deposited in the Operations Revenue Fund 7
established under § 13–102.1(c) of this subtitle. 8
(2) Unless approved by the Board of Public Works, a fee may not be charged 9
under this subsection. 10
(d) The terms and conditions of a procurement conducted under this section shall 11
comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 12
Article. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14
1, 2025. 15