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.
*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
Committee Report: Favorable
House action: Adopted
Read second time: February 18, 2025
CHAPTER ______
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 2 HOUSE BILL 284
(b) Bidding or submitting a proposal on a procurement contract by electronic 1
means shall constitute consent by the bidder or proposer to conduct by electronic means all 2
elements of the procurement of that contract which the unit agrees to conduct by electronic 3
means. 4
(c) (1) (i) Except as provided in paragraph (2) of this subsection, a unit 5
utilizing electronic means to conduct procurement or a private contractor furnishing to the 6
State electronic means for conducting procurement may charge a reasonable fee, on 7
approval by the Chief Procurement Officer, to the bidder, proposer, or each contract 8
awardee for the use of the electronic means. 9
(ii) Any fees collected under subparagraph (i) of this paragraph 10
THAT ARE DUE TO THE STATE shall be deposited in the Operations Revenue Fund 11
established under § 13–102.1(c) of this subtitle. 12
(2) Unless approved by the Board of Public Works, a fee may not be charged 13
under this subsection. 14
(d) The terms and conditions of a procurement conducted under this section shall 15
comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 16
Article. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 18
1, 2025. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.