EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0521*
HOUSE BILL 521
P2 5lr0698
By: Delegate Rosenberg
Introduced and read first time: January 22, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
State Procurement – Commercial Nondiscrimination Policy – Antisemitism 2
FOR the purpose of altering certain provisions of State procurement law prohibiting 3
discrimination based on certain protected characteristics to include prohibitions 4
against antisemitism; and generally relating to prohibitions against antisemitism in 5
State procurement contracts. 6
BY repealing and reenacting, without amendments, 7
Article – State Finance and Procurement 8
Section 19–101, 19–102, and 19–104 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – State Finance and Procurement 13
Section 19–103 and 19–115 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2024 Supplement) 16
Preamble 17
WHEREAS, Antisemitism is on the rise in the United State and is impacting Jewish 18
communities in Maryland; and 19
WHEREAS, The International Holocaust Remembrance Alliance (IHRA) Working 20
Definition of Antisemitism, which has been adopted by the U.S. Department of State, is a 21
vital tool that helps individuals understand and identify the various manifestations of 22
antisemitism; and 23
WHEREAS, On December 11, 2019, Executive Order 13899 extended federal 24
protections against discrimination under the Civil Rights Act of 1964 to individuals 25 2 HOUSE BILL 521
subjected to antisemitism on college and university campuses and tasked federal agencies 1
to consider the IHRA Working Definition of Antisemitism when enforcing Title VI of the 2
Act; and 3
WHEREAS, The IHRA Working Definition of Antisemitism states, “Antisemitism is 4
a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical 5
and physical manifestations of antisemitism are directed toward Jewish or non–Jewish 6
individuals and/or their property, toward Jewish community institutions and religious 7
facilities.”; and 8
WHEREAS, The use of alternative definitions of antisemitism impairs enforcement 9
efforts by adding multiple standards and may fail to identify many of the modern 10
manifestations of antisemitism; and 11
WHEREAS, On May 25, 2023, the White House released the first–ever U.S. National 12
Strategy to Counter Antisemitism, making clear that the fight against this hate is a 13
national, bipartisan priority that must be successfully cond ucted through a 14
whole–of–government–and–society approach; now, therefore, 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – State Finance and Procurement 18
19–101. 19
(a) It is the policy of the State not to enter into a contract with any business entity 20
that has discriminated in the solicitation, selection, hiring, or commercial treatment of 21
vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, 22
religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender 23
identity, or on the basis of disability or any otherwise unlawful use of characteristics 24
regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. 25
(b) Nothing in this title shall be construed to prohibit or limit otherwise lawful 26
efforts to remedy the effects of discrimination that have occurred or are occurring in the 27
marketplace. 28
(c) A complaint of discrimination shall be filed within 4 years after the date the 29
cause of action accrues. 30
19–102. 31
It is the intent of the State to avoid becoming a passive participant in private sector 32
commercial discrimination by refusing to procure goods and services from business entities 33
that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, 34
suppliers, subcontractors, or commercial customers on the basis of race, color, religion, 35
ancestry or national origin, sex, age, marital status, gender identity, sexual orientation, or 36 HOUSE BILL 521 3
on the basis of disability or other unlawful forms of discrimination by providing a procedure 1
for receiving, investigating, and resolving complaints of discrimination filed against 2
business entities that: 3
(1) have submitted a bid or proposal; or 4
(2) have been selected to engage in, or are engaged in, providing goods or 5
services to the State. 6
19–103. 7
(a) In this title the following words have the meanings indicated. 8
(b) “Administrative law judge” means the individual assigned by the Office of 9
Administrative Hearings to conduct a hearing under this title. 10
(c) “ANTISEMITISM” MEANS A CERTAIN PERC EPTION OF JEWS, WHICH MAY 11
BE EXPRESSED AS HATR ED TOWARD JEWS, INCLUDING RHETORICAL AND PHYSICAL 12
MANIFESTATIONS DIREC TED TOWARD : 13
(1) JEWISH OR NON–JEWISH INDIVIDUALS OR THEIR PROPERTY ; OR 14
(2) JEWISH COMMUNITY INST ITUTIONS AND RELIGIO US 15
INSTITUTIONS. 16
(D) (1) “Business entity” means any person, as defined in § 1–101(d) of this 17
article, firm, sole proprietorship, partnership, corporation, limited liability company, or 18
other business entity or a combination of any of these entities, including any financial 19
institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, 20
that has submitted a bid or proposal for, has been selected to engage in, or is engaged in 21
providing goods or services to the State. 22
(2) “Business entity” does not include another governmental entity that is 23
subject to Title VI of the Civil Rights Act of 1964. 24
[(d)] (E) “Commercial customer” means a business entity that procured or 25
attempted to procure goods or services from a business entity for business as opposed to 26
personal, family, or household use. 27
[(e)] (F) “Commercial Nondiscrimination Policy” means the provisions 28
contained under this title and any regulations or documentation requirements adopted by 29
the Commission on Civil Rights in accordance with this title. 30
[(f)] (G) (1) “Commercial treatment” means the treatment of a vendor, 31
supplier, subcontractor, or commercial customer by a business entity that affects the 32 4 HOUSE BILL 521
conduct of business and the terms and conditions under which business is transacted 1
between two or more business entities. 2
(2) “Commercial treatment” does not mean treatment that is unrelated to 3
a business transaction or the conduct of business. 4
[(g)] (H) “Commission” means the Commission on Civil Rights. 5
[(h)] (I) “Commission staff” means employees of the Commission on Civil Rights 6
designated by the Commission to process, investigate, and pursue complaints filed under 7
this title. 8
[(i)] (J) “Contract” means an agreement with a business entity that is let by or 9
on behalf of the State for that business entity to sell or lease supplies or goods, or to provide 10
construction, real estate development, financial, insurance, professional, or other services 11
to the State in return for a fee or any other form of compensation to be paid or provided by 12
the State. 13
[(j)] (K) (1) “Discrimination” means any disadvantage, difference, 14
distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a 15
vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, 16
ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or 17
on the basis of disability or any otherwise unlawful use of characteristics regarding the 18
vendor’s, supplier’s, or commercial customer’s employees or owners. 19
(2) “Discrimination” does not include lawful efforts to remedy the effects of 20
discrimination that have occurred or are occurring in the marketplace. 21
[(k)] (L) “Economic development project” means a real estate development, 22
construction, or renovation project for which the State provides: 23
(1) funding or other financial assistance, other than payments in exchange 24
for goods or services; 25
(2) land; 26
(3) road improvements; 27
(4) tax credits; or 28
(5) a below market purchase price. 29
[(l)] (M) (1) “Financial institution” means a person: 30
(i) engaged in the business of lending money, guaranteeing loans, 31
extending credit, securing bonds, or providing venture or equity capital; or 32 HOUSE BILL 521 5
(ii) that offers financial services in connection with State projects or 1
the administration of State government. 2
(2) “Financial institution” includes banks, savings and loans, venture 3
capital companies, insurance companies, bonding companies, mortgage companies, credit 4
unions, and brokers. 5
[(m)] (N) “Party” means: 6
(1) the person who has filed a complaint under this title; 7
(2) the respondent business entity that has been alleged to have violated 8
this title; and 9
(3) the Commission that is responsible for investigating the complaint and 10
rendering the initial findings. 11
[(n)] (O) “Retaliate” means to take any action that has a material negative effect 12
against any person, business or other entity for reporting any incident of discrimination, 13
testifying as a witness at a hearing, or providing requested assistance to Commission staff 14
in any investigation of an incident of discrimination under this title. 15
[(o)] (P) “Services” includes construction, real estate development, financial, 16
insurance, professional, and other services. 17
[(p)] (Q) “State subcontract” means an agreement for the provision of goods or 18
the performance of a particular portion of work to be performed under a contract with the 19
State, where: 20
(1) the party providing the goods or services is on reasonable notice that 21
the work is to be performed under a State contract; and 22
(2) the amount to be paid for such goods and services is material with 23
respect to the overall amount of the contract. 24
[(q)] (R) “State subcontractor” means the party providing goods or services 25
under a State subcontract. 26
19–104. 27
(a) As a condition of participating in an economic development project, the State 28
shall require the governmental entity, quasi–governmental entity, corporation, developer, 29
or contractor that receives assistance from the State to comply with this title: 30
(1) in administering the economic development project; and 31
6 HOUSE BILL 521
(2) in awarding contracts to manage or perform the work entailed in the 1
economic development project. 2
(b) (1) Each contract and subcontract awarded in connection with an economic 3
development project shall contain the nondiscrimination clause set forth in § 19–115 of this 4
title. 5
(2) Any claim of discrimination relating to the economic development 6
project shall be subject to investigation and adjudication by the State in accordance with 7
this title. 8
(c) This title does not apply to: 9
(1) other than a lease of real estate for the State’s use, any real property 10
acquisition by the State, including property subject to condemnation; 11
(2) settlement of litigation; 12
(3) except for proceedings to enforce this title, settlement of judicial or 13
administrative enforcement proceedings by or on behalf of the State; and 14
(4) agreements concerning standards for locating facilities in a State 15
right–of–way when a business entity has a statutory right to be in the right–of–way. 16
19–115. 17
All requests for bids or proposals issued for State contracts shall include the 18
following certification to be completed by the bidder: 19
“The undersigned bidder hereby certifies and agrees that the following information 20
is correct: 21
In preparing its bid on this project, the bidder has considered all proposals submitted 22
from qualified, potential subcontractors and suppliers, and has not engaged in 23
“discrimination” as defined in § 19–103 of the State Finance and Procurement Article of the 24
Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or 25
commercial treatment of any subcontractor, vendor, supplier, or commercial customer on 26
the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual 27
orientation, gender identity, or on the basis of disability or other unlawful forms of 28
discrimination. WITHOUT LIMITING THE FOREGOING, “DISCRIMINATION ” ALSO 29
INCLUDES ANTISEMITIS M AS DEFINED IN § 19–103 OF THE STATE FINANCE AND 30
PROCUREMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND. Without 31
limiting the foregoing, “discrimination” also includes retaliating against any person or 32
other entity for reporting any incident of “discrimination”. Without limiting any other 33
provision of the solicitation for bids on this project, it is understood and agreed that, if this 34
certification is false, such false certification will constitute grounds for the State to reject 35
the bid submitted by the bidder on this project, and terminate any contract awarded based 36 HOUSE BILL 521 7
on the bid. As part of its bid or proposal, the bidder shall provide to the State a list of all 1
instances within the immediate past 4 years where there has been a final adjudicated 2
determination in a legal or administrative proceeding in the State of Maryland that the 3
bidder discriminated against its subcontractors, vendors, suppliers, or commercial 4
customers, and a description of the status or resolution of that complaint, including any 5
remedial action taken. As a condition of submitting a bid or proposal to the State, the bidder 6
agrees to comply with the State’s Commercial Nondiscrimination Policy as described under 7
Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.”. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10