Old | New | Differences | |
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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 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0957* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 957 | |
11 | 8 | P2 5lr2141 | |
12 | 9 | ||
13 | - | By: Delegate Wilson Delegates Wilson, Alston, Bagnall , Bhandari, Cullison, | |
14 | - | Guzzone, Hill, S. Johnson, Kaiser, Kerr, Lopez, Martinez, Pena –Melnyk, | |
15 | - | Rosenberg, Ross, Taveras, White Holland, Woods, and Woorman | |
10 | + | By: Delegate Wilson | |
16 | 11 | Introduced and read first time: January 31, 2025 | |
17 | 12 | Assigned to: Health and Government Operations and Economic Matters | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | House action: Adopted | |
20 | - | Read second time: March 20, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | 18 | State Procurement – Worker Residency Requirements 2 | |
27 | 19 | ||
28 | 20 | FOR the purpose of requiring certain contractors to ensure that a certain percentage of 3 | |
29 | 21 | workers on certain projects are State residents and a certain percentage of work 4 | |
30 | - | hours on the | |
31 | - | ||
32 | - | ||
33 | - | ||
34 | - | ||
22 | + | hours on the projects are performed by State residents; requiring the Department of 5 | |
23 | + | Labor to enforce certain worker residency requirements; providing that a person may 6 | |
24 | + | be debarred from entering into a contract with the State for a certain period of time 7 | |
25 | + | under certain circumstances; and generally relating to State procurement and 8 | |
26 | + | worker residency requirements. 9 | |
35 | 27 | ||
36 | 28 | BY repealing and reenacting, with amendments, 10 | |
37 | 29 | Article – State Finance and Procurement 11 | |
38 | 30 | Section 16–203 and 17–602 12 | |
39 | 31 | Annotated Code of Maryland 13 | |
40 | 32 | (2021 Replacement Volume and 2024 Supplement) 14 | |
41 | 33 | ||
42 | 34 | BY adding to 15 | |
43 | 35 | Article – State Finance and Procurement 16 | |
44 | - | Section 17–6B–01 through 17–6B–05 | |
45 | - | ||
36 | + | Section 17–6B–01 through 17–6B–05 to be under the new subtitle “Subtitle 6B. 17 | |
37 | + | Worker Residency Requirements” 18 | |
46 | 38 | Annotated Code of Maryland 19 | |
47 | 39 | (2021 Replacement Volume and 2024 Supplement) 20 | |
40 | + | ||
41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
42 | + | That the Laws of Maryland read as follows: 22 | |
43 | + | ||
44 | + | Article – State Finance and Procurement 23 | |
45 | + | ||
46 | + | 16–203. 24 | |
48 | 47 | 2 HOUSE BILL 957 | |
49 | 48 | ||
50 | 49 | ||
51 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
52 | - | That the Laws of Maryland read as follows: 2 | |
50 | + | (a) A person may be debarred from entering into a contract with the State if the 1 | |
51 | + | person, an officer, partner, controlling stockholder or principal of that person, or any other 2 | |
52 | + | person substantially involved in that person’s contracting activities has: 3 | |
53 | 53 | ||
54 | - | Article – State Finance and Procurement 3 | |
54 | + | (1) been convicted under the laws of the State, another state or the United 4 | |
55 | + | States of: 5 | |
55 | 56 | ||
56 | - | 16–203. 4 | |
57 | + | (i) a criminal offense incident to obtaining, attempting to obtain, or 6 | |
58 | + | performing a public or private contract, except as provided in § 16–202 of this subtitle; or 7 | |
57 | 59 | ||
58 | - | (a) A person may be debarred from entering into a contract with the State if the 5 | |
59 | - | person, an officer, partner, controlling stockholder or principal of that person, or any other 6 | |
60 | - | person substantially involved in that person’s contracting activities has: 7 | |
60 | + | (ii) fraud, embezzlement, theft, forgery, falsification or destruction 8 | |
61 | + | of records, or receiving stolen property; 9 | |
61 | 62 | ||
62 | - | ( | |
63 | - | States | |
63 | + | (2) been convicted of a criminal violation of an antitrust statute of the 10 | |
64 | + | State, another state, or the United States; 11 | |
64 | 65 | ||
65 | - | (i) a criminal offense incident to obtaining, attempting to obtain, or 10 | |
66 | - | performing a public or private contract, except as provided in § 16–202 of this subtitle; or 11 | |
66 | + | (3) been convicted of a violation of the Racketeer Influenced and Corrupt 12 | |
67 | + | Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids 13 | |
68 | + | or proposals for a public or private contract; 14 | |
67 | 69 | ||
68 | - | (ii) fraud, embezzlement, theft, forgery, falsification or destruction 12 | |
69 | - | of records, or receiving stolen property; 13 | |
70 | + | (4) been convicted of a violation of § 14–308 of this article; 15 | |
70 | 71 | ||
71 | - | (2) been convicted of a criminal violation of an antitrust statute of the 14 | |
72 | - | State, another state, or the United States; 15 | |
72 | + | (5) been convicted of conspiracy to commit any act or omission that would 16 | |
73 | + | constitute grounds for conviction under any of the laws or statutes described in items (1), 17 | |
74 | + | (2), (3), or (4) of this subsection; 18 | |
73 | 75 | ||
74 | - | (3) been convicted of a violation of the Racketeer Influenced and Corrupt 16 | |
75 | - | Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids 17 | |
76 | - | or proposals for a public or private contract; 18 | |
76 | + | (6) been convicted of a violation of § 7201, § 7203, § 7205, § 7206, or § 7207 19 | |
77 | + | of the Internal Revenue Code; 20 | |
77 | 78 | ||
78 | - | ( | |
79 | + | (7) been convicted of a violation of 18 U.S.C. § 286, § 287, or § 371; 21 | |
79 | 80 | ||
80 | - | (5) been convicted of conspiracy to commit any act or omission that would 20 | |
81 | - | constitute grounds for conviction under any of the laws or statutes described in items (1), 21 | |
82 | - | (2), (3), or (4) of this subsection; 22 | |
81 | + | (8) been convicted of a violation of Title 13, Subtitle 7 or Subtitle 10 of the 22 | |
82 | + | Tax – General Article; 23 | |
83 | 83 | ||
84 | - | ( | |
85 | - | of | |
84 | + | (9) been found to have willfully or knowingly violated Title 17, Subtitle 2 24 | |
85 | + | or Title 18 of this article if: 25 | |
86 | 86 | ||
87 | - | ( | |
87 | + | (i) 1. the finding was made by a court; and 26 | |
88 | 88 | ||
89 | - | (8) been convicted of a violation of Title 13, Subtitle 7 or Subtitle 10 of the 26 | |
90 | - | Tax – General Article; 27 | |
89 | + | 2. the decision of the court became final; or 27 | |
91 | 90 | ||
92 | - | ( | |
93 | - | ||
91 | + | (ii) 1. the finding was made in a contested case under the 28 | |
92 | + | Administrative Procedure Act; and 29 | |
94 | 93 | ||
95 | - | (i) 1. the finding was made by a court; and 30 | |
94 | + | 2. the finding was not overturned on judicial review; 30 | |
95 | + | HOUSE BILL 957 3 | |
96 | 96 | ||
97 | - | 2. the decision of the court became final; or 31 HOUSE BILL 957 3 | |
97 | + | ||
98 | + | (10) been found to have willfully or knowingly violated Title 3, Subtitle 3, 1 | |
99 | + | Subtitle 4, or Subtitle 5 or Title 5 of the Labor and Employment Article if: 2 | |
100 | + | ||
101 | + | (i) 1. the finding was made by a court; and 3 | |
102 | + | ||
103 | + | 2. the decision of the court became final; or 4 | |
104 | + | ||
105 | + | (ii) 1. the finding was made in a contested case under the 5 | |
106 | + | Administrative Procedure Act; and 6 | |
107 | + | ||
108 | + | 2. the finding was not overturned on judicial review; 7 | |
109 | + | ||
110 | + | (11) been found civilly liable under an antitrust statute of the State, another 8 | |
111 | + | state, or the United States for acts or omissions in connection with the submission of bids 9 | |
112 | + | or proposals for a public or private contract; 10 | |
113 | + | ||
114 | + | (12) been found to have willfully or knowingly violated Title 20, Subtitle 6 11 | |
115 | + | of the State Government Article if: 12 | |
116 | + | ||
117 | + | (i) 1. the finding was made by a court; and 13 | |
118 | + | ||
119 | + | 2. the decision of the court became final; or 14 | |
120 | + | ||
121 | + | (ii) 1. the finding was made in a contested case under the 15 | |
122 | + | Administrative Procedure Act; and 16 | |
123 | + | ||
124 | + | 2. the finding was not overturned on judicial review; or 17 | |
125 | + | ||
126 | + | (13) been found in a final adjudicated decision to have violated the 18 | |
127 | + | Commercial Nondiscrimination Policy under Title 19 of this article with regard to a public 19 | |
128 | + | or private contract. 20 | |
129 | + | ||
130 | + | (b) A person may be debarred from entering into a contract with the State if, 21 | |
131 | + | during the course of an official investigation or other proceedings, the person, an officer, 22 | |
132 | + | partner, controlling stockholder or principal of that person, or any other person 23 | |
133 | + | substantially involved in that person’s contracting activities has admitted, in writing or 24 | |
134 | + | under oath, an act or omission that constitutes grounds for conviction or liability under any 25 | |
135 | + | law or statute described in subsection (a) of this section. 26 | |
136 | + | ||
137 | + | (c) A person may be debarred from entering into a contract with the State if the 27 | |
138 | + | person, an officer, partner, controlling stockholder or principal of that person, or any other 28 | |
139 | + | person substantially involved in that person’s contracting activities has been debarred from 29 | |
140 | + | federal contracts under: 30 | |
141 | + | ||
142 | + | (1) the Federal Acquisition Regulations, as provided in 48 C.F.R. Chapter 31 | |
143 | + | 1; or 32 | |
144 | + | 4 HOUSE BILL 957 | |
145 | + | ||
146 | + | ||
147 | + | (2) federal Executive Order 11246, as amended due to discriminatory 1 | |
148 | + | hiring practices in the State. 2 | |
149 | + | ||
150 | + | (d) A person may be debarred from entering into a contract with the State: 3 | |
151 | + | ||
152 | + | (1) if the Board finds that the person was established or operates in a 4 | |
153 | + | manner designed to evade the application of this title or to defeat the purpose of this title; 5 | |
154 | + | ||
155 | + | (2) if the person is a successor, assignee, subsidiary, or affiliate of a person 6 | |
156 | + | who is debarred or suspended; 7 | |
157 | + | ||
158 | + | (3) except as provided under item (4) of this subsection, for one of the 8 | |
159 | + | following violations of a contract provision if the Board believes it to be serious enough to 9 | |
160 | + | justify debarment: 10 | |
161 | + | ||
162 | + | (i) the deliberate failure, without good cause, to perform in 11 | |
163 | + | accordance with the specifications, or within the time limit, provided in a contract; or 12 | |
164 | + | ||
165 | + | (ii) within the preceding 5 years, the failure to perform or 13 | |
166 | + | unsatisfactory performance in accordance with the terms of one or more contracts, unless 14 | |
167 | + | the failure to perform or unsatisfactory performance was caused by acts beyond the control 15 | |
168 | + | of the person; 16 | |
169 | + | ||
170 | + | (4) for a period not exceeding 3 years if the person persistently fails to meet 17 | |
171 | + | contract goals in the absence of mitigating factors under the criteria established under § 18 | |
172 | + | 14–305(c)(2) of this article; 19 | |
173 | + | ||
174 | + | (5) FOR A PERIOD NOT EXC EEDING 5 YEARS IF THE PERSON IS FOUND 20 | |
175 | + | TO HAVE VIOLATE D THE REQUIREMENTS O F TITLE 17, SUBTITLE 6B OF THIS 21 | |
176 | + | ARTICLE TWICE IN A 10–YEAR PERIOD; 22 | |
177 | + | ||
178 | + | [(5)] (6) if the person is a competing contractor, or any officer, employee, 23 | |
179 | + | representative, agent, or consultant of any competing contractor who violates § 13–211 of 24 | |
180 | + | this article; or 25 | |
181 | + | ||
182 | + | [(6)] (7) for any other cause that the Board determines to be so serious as 26 | |
183 | + | to affect the integrity of the procurement process. 27 | |
184 | + | ||
185 | + | 17–602. 28 | |
186 | + | ||
187 | + | (a) There is a State Apprenticeship Training Fund in the Department. 29 | |
188 | + | ||
189 | + | (b) The Fund consists of: 30 | |
190 | + | ||
191 | + | (1) payments made by contractors or subcontractors in accordance with 31 | |
192 | + | this subtitle and Subtitle 6A of this title; and 32 | |
193 | + | HOUSE BILL 957 5 | |
194 | + | ||
195 | + | ||
196 | + | (2) penalties collected as a result of violations of this subtitle and [Subtitle] 1 | |
197 | + | SUBTITLES 6A AND 6B of this title. 2 | |
198 | + | ||
199 | + | (c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this 3 | |
200 | + | article. 4 | |
201 | + | ||
202 | + | (d) The State Treasurer shall hold the Fund separately, and the Comptroller shall 5 | |
203 | + | account for the Fund. 6 | |
204 | + | ||
205 | + | (e) The Secretary shall use money in the Fund to: 7 | |
206 | + | ||
207 | + | (1) promote preapprenticeship programs and other workforce development 8 | |
208 | + | programs in the State’s public secondary schools and community colleges that assist 9 | |
209 | + | students in preparing for and entering apprenticeship training programs; and 10 | |
210 | + | ||
211 | + | (2) pay any costs associated with carrying out the provisions of this subtitle 11 | |
212 | + | and [Subtitle] SUBTITLES 6A AND 6B of this title. 12 | |
213 | + | ||
214 | + | SUBTITLE 6B. WORKER RESIDENCY REQUIREMENTS . 13 | |
215 | + | ||
216 | + | 17–6B–01. 14 | |
217 | + | ||
218 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15 | |
219 | + | INDICATED. 16 | |
220 | + | ||
221 | + | (B) “APPRENTICEABLE HOUR” MEANS 25% OF THE TOTAL OF JOUR NEY 17 | |
222 | + | HOURS PLUS APPRENTIC ESHIP HOURS. 18 | |
223 | + | ||
224 | + | (C) “APPRENTICESHIP HOUR ” MEANS 1 HOUR OF TIME SPENT I N AN 19 | |
225 | + | APPRENTICESHIP PROGR AM AND MAY INCLUDE O BSERVATION, PERFORMING WORK , 20 | |
226 | + | OR WORK–RELATED DISCUSSION . 21 | |
227 | + | ||
228 | + | (D) “COVERED LARGE PROJECT ” MEANS A STATE–FUNDED PROJECT THAT 22 | |
229 | + | IS VALUED AT $5,000,000 OR MORE. 23 | |
230 | + | ||
231 | + | (E) “COVERED SMALL PROJECT” MEANS A STATE–FUNDED PROJECT THAT 24 | |
232 | + | IS VALUED AT EQUAL T O OR GREATER THAN $300,000 BUT LESS THAN $5,000,000. 25 | |
233 | + | ||
234 | + | (F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 26 | |
235 | + | ||
236 | + | (G) “NEW APPRENTICE ” MEANS AN APPRENTICE : 27 | |
237 | + | ||
238 | + | (1) EMPLOYED TO LEARN A SKILLED TRADE THROUG H A REGISTERED 28 | |
239 | + | APPRENTICESHIP PROGR AM; 29 6 HOUSE BILL 957 | |
98 | 240 | ||
99 | 241 | ||
100 | 242 | ||
101 | - | (ii) 1. the finding was made in a contested case under the 1 | |
102 | - | Administrative Procedure Act; and 2 | |
243 | + | (2) WHOSE START DATE OF EMPLOYMENT WITH A CO MPANY IS AFTER 1 | |
244 | + | THE DATE ON WHICH THE STATE CONTRACT IS AWA RDED BUT BEFORE OR D URING 2 | |
245 | + | THE PERFORMANCE OF T HE STATE CONTRACT ; AND 3 | |
103 | 246 | ||
104 | - | 2. the finding was not overturned on judicial review; 3 | |
247 | + | (3) WHO IS EITHER NEW TO THE COMPANY OR HAS B EEN SEPARATED 4 | |
248 | + | FROM THE COMPANY FOR AT LEAST 60 DAYS PRIOR TO THE DA TE OF HIRE. 5 | |
105 | 249 | ||
106 | - | (10) been found to have willfully or knowingly violated Title 3, Subtitle 3, 4 | |
107 | - | Subtitle 4, or Subtitle 5 or Title 5 of the Labor and Employment Article if: 5 | |
250 | + | (H) “NEW EMPLOYEE ” MEANS AN INDIVIDUAL: 6 | |
108 | 251 | ||
109 | - | (i) 1. the finding was made by a court; and 6 | |
252 | + | (1) WHOSE START DATE OF EMPLOYMENT WITH A CO MPANY IS AFTER 7 | |
253 | + | THE DATE ON WHICH TH E STATE CONTRACT IS AWA RDED BUT BEFORE OR DURING 8 | |
254 | + | THE PERFORMANCE OF T HE STATE CONTRACT ; AND 9 | |
110 | 255 | ||
111 | - | 2. the decision of the court became final; or 7 | |
256 | + | (2) WHO IS EITHER NEW TO THE COMPANY OR WHO H AS BEEN 10 | |
257 | + | SEPARATED FROM THE COMPANY FOR AT LEAST 60 DAYS PRIOR TO THE DA TE OF 11 | |
258 | + | HIRE. 12 | |
112 | 259 | ||
113 | - | (ii) 1. the finding was made in a contested case under the 8 | |
114 | - | Administrative Procedure Act; and 9 | |
260 | + | (I) “SECRETARY” MEANS THE SECRETARY OF LABOR. 13 | |
115 | 261 | ||
116 | - | ||
262 | + | 17–6B–02. 14 | |
117 | 263 | ||
118 | - | | |
119 | - | ||
120 | - | ||
264 | + | THIS SUBTITLE APPLIES ONLY TO CONTRACTORS AWARDED STATE 15 | |
265 | + | CONTRACTS WITH A TOTAL VALUE E QUAL TO OR GREATER T HAN $500,000 WITHIN 16 | |
266 | + | THE IMMEDIATELY PRECEDIN G 12–MONTH PERIOD . 17 | |
121 | 267 | ||
122 | - | (12) been found to have willfully or knowingly violated Title 20, Subtitle 6 14 | |
123 | - | of the State Government Article if: 15 | |
268 | + | 17–6B–03. 18 | |
124 | 269 | ||
125 | - | (i) 1. the finding was made by a court; and 16 | |
270 | + | (A) A CONTRACTOR THAT IS A WARDED A PROCUREMENT CONTRACT FOR A 19 | |
271 | + | COVERED SMALL PROJEC T SHALL ENSURE THAT , FOR THE APPLICABLE P ROJECT: 20 | |
126 | 272 | ||
127 | - | 2. the decision of the court became final; or 17 | |
273 | + | (1) AT LEAST 51% OF THE TOTAL NUMBER OF NEW EMPLOYEES AND 21 | |
274 | + | NEW APPRENTICES ARE STATE RESIDENTS ; AND 22 | |
128 | 275 | ||
129 | - | ( | |
130 | - | ||
276 | + | (2) AT LEAST 35% OF APPRENTICESHIP HO URS ARE PERFORMED BY 23 | |
277 | + | STATE RESIDENT S. 24 | |
131 | 278 | ||
132 | - | 2. the finding was not overturned on judicial review; or 20 | |
279 | + | (B) A CONTRACTOR THAT IS A WARDED A PROCUREMENT CONTRACT FOR A 25 | |
280 | + | COVERED LARGE PROJECT SHALL ENSURE THAT , FOR THE APPLICABLE P ROJECT: 26 | |
133 | 281 | ||
134 | - | (13) been found in a final adjudicated decision to have violated the 21 | |
135 | - | Commercial Nondiscrimination Policy under Title 19 of this article with regard to a public 22 | |
136 | - | or private contract. 23 | |
137 | - | ||
138 | - | (b) A person may be debarred from entering into a contract with the State if, 24 | |
139 | - | during the course of an official investigation or other proceedings, the person, an officer, 25 | |
140 | - | partner, controlling stockholder or principal of that person, or any other person 26 | |
141 | - | substantially involved in that person’s contracting activities has admitted, in writing or 27 | |
142 | - | under oath, an act or omission that constitutes grounds for conviction or liability under any 28 | |
143 | - | law or statute described in subsection (a) of this section. 29 | |
144 | - | ||
145 | - | (c) A person may be debarred from entering into a contract with the State if the 30 | |
146 | - | person, an officer, partner, controlling stockholder or principal of that person, or any other 31 4 HOUSE BILL 957 | |
282 | + | (1) AT LEAST 20% OF JOURNEY WORKER HO URS ARE PERFORMED BY 27 | |
283 | + | STATE RESIDENTS ; 28 | |
284 | + | HOUSE BILL 957 7 | |
147 | 285 | ||
148 | 286 | ||
149 | - | ||
150 | - | ||
287 | + | (2) AT LEAST 51% OF SKILLED WORKER HO URS ARE PERFORMED BY 1 | |
288 | + | STATE RESIDENTS ; 2 | |
151 | 289 | ||
152 | - | ( | |
153 | - | ||
290 | + | (3) AT LEAST 70% OF COMMON LABOR WORK ER HOURS ARE 3 | |
291 | + | PERFORMED BY STATE RESIDENTS ; 4 | |
154 | 292 | ||
155 | - | ( | |
156 | - | ||
293 | + | (4) AT LEAST 60% OF APPRENTICESHIP HO URS ARE PERFORMED BY 5 | |
294 | + | STATE RESIDENTS ; AND 6 | |
157 | 295 | ||
158 | - | (d) A person may be debarred from entering into a contract with the State: 7 | |
296 | + | (5) AT LEAST 35% OF ALL APPRENTICEABL E HOURS ARE PERFORMED 7 | |
297 | + | BY STATE RESIDENTS . 8 | |
159 | 298 | ||
160 | - | (1) if the Board finds that the person was established or operates in a 8 | |
161 | - | manner designed to evade the application of this title or to defeat the purpose of this title; 9 | |
299 | + | (C) AS A CONDITION OF REC EIVING THE CONTRACT , A CONTRACTOR 9 | |
300 | + | SUBJECT TO THIS SUBT ITLE SHALL PROVIDE TO THE UNIT AND THE DEPARTMENT A 10 | |
301 | + | STATEMENT ATTESTING THAT THE CONTRACTOR SHALL MEET THE REQUI REMENTS 11 | |
302 | + | OF THIS SECTION FOR THE APPLICABLE P ROJECT. 12 | |
162 | 303 | ||
163 | - | (2) if the person is a successor, assignee, subsidiary, or affiliate of a person 10 | |
164 | - | who is debarred or suspended; 11 | |
304 | + | 17–6B–04. 13 | |
165 | 305 | ||
166 | - | (3) except as provided under item (4) of this subsection, for one of the 12 | |
167 | - | following violations of a contract provision if the Board believes it to be serious enough to 13 | |
168 | - | justify debarment: 14 | |
306 | + | (A) THE SECRETARY MAY ADOPT R EGULATIONS AUTHORIZI NG A 14 | |
307 | + | CONTRACTOR TO ELECT TO MAKE A CONTRIBUTI ON TO A REGISTERED 15 | |
308 | + | APPRENTICESHIP PROGR AM AS AN ALTERNATIVE TO FULFILLING THE 16 | |
309 | + | REQUIREMENTS OF § 17–6B–03 OF THIS SUBTITLE. 17 | |
169 | 310 | ||
170 | - | ( | |
171 | - | ||
311 | + | (B) THE DEPARTMENT IS RESPONS IBLE FOR EN FORCING THE 18 | |
312 | + | REQUIREMENTS OF THIS SUBTITLE. 19 | |
172 | 313 | ||
173 | - | (ii) within the preceding 5 years, the failure to perform or 17 | |
174 | - | unsatisfactory performance in accordance with the terms of one or more contracts, unless 18 | |
175 | - | the failure to perform or unsatisfactory performance was caused by acts beyond the control 19 | |
176 | - | of the person; 20 | |
314 | + | (C) WHEN DETERMINING COMP LIANCE WITH THIS SUB TITLE, APPLICABLE 20 | |
315 | + | PERCENTAGES ESTABLIS HED UNDER § 17–6B–03 OF THIS SUBTITLE SHA LL BE 21 | |
316 | + | CALCULATED BY ROUNDI NG TO THE NEAREST WH OLE NUMBER . 22 | |
177 | 317 | ||
178 | - | (4) for a period not exceeding 3 years if the person persistently fails to meet 21 | |
179 | - | contract goals in the absence of mitigating factors under the criteria established under § 22 | |
180 | - | 14–305(c)(2) of this article; 23 | |
318 | + | 17–6B–05. 23 | |
181 | 319 | ||
182 | - | (5) FOR A PERIOD NOT EXC EEDING 5 YEARS IF THE PERSON IS FOUND 24 | |
183 | - | TO HAVE VIOLATED THE REQUIREMENTS OF TITLE 17, SUBTITLE 6B § 17–6B–03 OF 25 | |
184 | - | THIS ARTICLE TWICE FIVE TIMES IN A 10–YEAR 5–YEAR PERIOD; 26 | |
320 | + | (A) A CONTRACTOR THAT FAIL S TO MEET THE REQUIR EMENTS OF THIS 24 | |
321 | + | SUBTITLE SHALL BE LI ABLE FOR AN AMOUNT E QUAL TO 0.125% OF THE TOTAL 25 | |
322 | + | DIRECT AND INDIRECT LABOR COSTS OF THE C ONTRACT FOR EACH PER CENTAGE 26 | |
323 | + | POINT BY WHICH THE C ONTRACTOR FAILS TO MEET THE APPLICABLE 27 | |
324 | + | REQUIREMENT. 28 | |
185 | 325 | ||
186 | - | [(5)] (6) if the person is a competing contractor, or any officer, employee, 27 | |
187 | - | representative, agent, or consultant of any competing contractor who violates § 13–211 of 28 | |
188 | - | this article; or 29 | |
326 | + | (B) PAYMENTS COLLECTED UN DER THIS SECTION SHA LL BE PAID TO: 29 | |
189 | 327 | ||
190 | - | [(6)] (7) for any other cause that the Board determines to be so serious as 30 | |
191 | - | to affect the integrity of the procurement process. 31 | |
192 | - | ||
193 | - | 17–602. 32 | |
194 | - | ||
195 | - | (a) There is a State Apprenticeship Training Fund in the Department. 33 HOUSE BILL 957 5 | |
328 | + | (1) THE STATE APPRENTICESHIP TRAINING FUND ESTABLISHED 30 | |
329 | + | UNDER § 17–602 OF THIS TITLE; OR 31 8 HOUSE BILL 957 | |
196 | 330 | ||
197 | 331 | ||
198 | 332 | ||
199 | - | (b) The Fund consists of: 1 | |
333 | + | (2) A REGISTERED APPRENT ICESHIP PROGRAM OR A N 1 | |
334 | + | ORGANIZATION THAT HA S REGISTERED APPRENTICESHIP PROGR AMS FOR THE 2 | |
335 | + | PURPOSE OF SUPPORTIN G THESE PROGRAMS . 3 | |
200 | 336 | ||
201 | - | (1) payments made by contractors or subcontractors in accordance with 2 | |
202 | - | this subtitle and Subtitle 6A of this title; and 3 | |
337 | + | (C) THE SECRETARY SHALL ADOPT REGULATIONS TO ESTAB LISH 4 | |
338 | + | ADMINISTRATIVE PROCE DURES FOR THE COLLEC TION AND DISTRIBUTION OF 5 | |
339 | + | PAYMENTS UNDER THIS SECTION. 6 | |
203 | 340 | ||
204 | - | (2) penalties collected as a result of violations of this subtitle and [Subtitle] 4 | |
205 | - | SUBTITLES 6A AND 6B of this title. 5 | |
206 | - | ||
207 | - | (c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this 6 | |
208 | - | article. 7 | |
209 | - | ||
210 | - | (d) The State Treasurer shall hold the Fund separately, and the Comptroller shall 8 | |
211 | - | account for the Fund. 9 | |
212 | - | ||
213 | - | (e) The Secretary shall use money in the Fund to: 10 | |
214 | - | ||
215 | - | (1) promote preapprenticeship programs and other workforce development 11 | |
216 | - | programs in the State’s public secondary schools and community colleges that assist 12 | |
217 | - | students in preparing for and entering apprenticeship training programs; and 13 | |
218 | - | ||
219 | - | (2) pay any costs associated with carrying out the provisions of this subtitle 14 | |
220 | - | and [Subtitle] SUBTITLES 6A AND 6B of this title. 15 | |
221 | - | ||
222 | - | SUBTITLE 6B. WORKER RESIDENCY REQUIREMENTS . 16 | |
223 | - | ||
224 | - | 17–6B–01. 17 | |
225 | - | ||
226 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18 | |
227 | - | INDICATED. 19 | |
228 | - | ||
229 | - | (B) “APPRENTICEABLE HOUR ” MEANS 25% OF THE TOTAL OF JOUR NEY 20 | |
230 | - | HOURS PLUS APPRENTIC ESHIP HOURS. 21 | |
231 | - | ||
232 | - | (C) (B) “APPRENTICESHIP HOUR ” MEANS 1 HOUR OF TIME SPENT I N AN 22 | |
233 | - | APPRENTICESHIP PROGR AM AND MAY INCLUDE O BSERVATION, PERFORMING WORK , 23 | |
234 | - | OR WORK–RELATED DISCUSSION . 24 | |
235 | - | ||
236 | - | (D) (C) “COVERED LARGE PROJECT ” MEANS A STATE–FUNDED PROJECT 25 | |
237 | - | PUBLIC WORK CONTRACT SUBJECT TO SUBTITLE 2 OF THIS TITLE THAT IS VALUED 26 | |
238 | - | AT $5,000,000 OR MORE. 27 | |
239 | - | ||
240 | - | (E) “COVERED SMALL PROJECT ” MEANS A STATE–FUNDED PROJECT THAT 28 | |
241 | - | IS VALUED AT EQUAL T O OR GREATER THAN $300,000 BUT LESS THAN $5,000,000. 29 | |
242 | - | 6 HOUSE BILL 957 | |
243 | - | ||
244 | - | ||
245 | - | (F) (D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF 1 | |
246 | - | LABOR. 2 | |
247 | - | ||
248 | - | (G) (E) “NEW APPRENTICE ” MEANS AN APPRENTICE : 3 | |
249 | - | ||
250 | - | (1) EMPLOYED TO LEARN A SKILLED TRADE THROUG H ENROLLED IN 4 | |
251 | - | A REGISTERED APPRENTICESHIP PROGR AM; 5 | |
252 | - | ||
253 | - | (2) WHOSE START DATE OF EMPLOYMENT WITH A CO MPANY IS AFTER 6 | |
254 | - | THE DATE ON WHICH TH E STATE CONTRACT IS AWA RDED BUT BEFORE OR D URING 7 | |
255 | - | THE PERFORMANCE OF T HE STATE CONTRACT ; AND 8 | |
256 | - | ||
257 | - | (3) WHO IS EITHER NEW TO THE COMPANY OR HAS B EEN SEPARATED 9 | |
258 | - | FROM THE COMPANY FOR AT LEAST 60 DAYS PRIOR TO THE DA TE OF HIRE. 10 | |
259 | - | ||
260 | - | (H) “NEW EMPLOYEE” MEANS AN INDIVIDUAL : 11 | |
261 | - | ||
262 | - | (1) WHOSE START DATE OF EMPLOYMENT WITH A CO MPANY IS AFTER 12 | |
263 | - | THE DATE ON WHICH TH E STATE CONTRACT IS AWA RDED BUT BEFORE OR D URING 13 | |
264 | - | THE PERFORMANCE OF T HE STATE CONTRACT ; AND 14 | |
265 | - | ||
266 | - | (2) WHO IS EITHER NEW TO THE COMPANY OR WHO H AS BEEN 15 | |
267 | - | SEPARATED FROM THE C OMPANY FOR AT LEAST 60 DAYS PRIOR TO THE DA TE OF 16 | |
268 | - | HIRE. 17 | |
269 | - | ||
270 | - | (E) “REGISTERED APPRENTICE SHIP PROGRAM ” MEANS AN 18 | |
271 | - | APPRENTICESHIP PROGR AM REGISTERED WITH T HE DIVISION OF WORKFORCE 19 | |
272 | - | DEVELOPMENT AND ADULT LEARNING WITHIN THE DEPARTMENT . 20 | |
273 | - | ||
274 | - | (I) (F) “SECRETARY” MEANS THE SECRETARY OF LABOR. 21 | |
275 | - | ||
276 | - | 17–6B–02. 22 | |
277 | - | ||
278 | - | THIS SUBTITLE APPLIES ONLY TO CONTRACTORS AWARDED STATE 23 | |
279 | - | CONTRACTS WITH A TOT AL VALUE EQUAL TO OR GREATER THAN $500,000 WITHIN 24 | |
280 | - | THE IMMEDIATELY PREC EDING 12–MONTH PERIOD . 25 | |
281 | - | ||
282 | - | (A) EXCEPT AS PROVIDED IN SUBSECTI ON (B) OF THIS SECTION , THIS 26 | |
283 | - | SUBTITLE APPLIES ONL Y TO: 27 | |
284 | - | ||
285 | - | (1) CONTRACTORS AWARDED A STATE CONTRACT THAT I S A COVERED 28 | |
286 | - | LARGE PROJECT ; AND 29 | |
287 | - | ||
288 | - | (2) COVERED LARGE PROJEC TS LOCATED IN: 30 HOUSE BILL 957 7 | |
289 | - | ||
290 | - | ||
291 | - | ||
292 | - | (I) ANNE ARUNDEL COUNTY; 1 | |
293 | - | ||
294 | - | (II) BALTIMORE CITY; 2 | |
295 | - | ||
296 | - | (III) BALTIMORE COUNTY; 3 | |
297 | - | ||
298 | - | (IV) HOWARD COUNTY; 4 | |
299 | - | ||
300 | - | (V) MONTGOMERY COUNTY; AND 5 | |
301 | - | ||
302 | - | (VI) PRINCE GEORGE’S COUNTY. 6 | |
303 | - | ||
304 | - | (B) THIS SUBTITLE DOES NO T APPLY TO A STATE CONTRACT FOR WH ICH 7 | |
305 | - | THE FEDERAL GOVERNME NT PROVIDES MONEY . 8 | |
306 | - | ||
307 | - | 17–6B–03. 9 | |
308 | - | ||
309 | - | (A) A CONTRACTOR THAT IS A WARDED A PROCUREMENT CONTRACT FOR A 10 | |
310 | - | COVERED SMALL LARGE PROJECT SHALL ENSURE THAT, FOR THE APPLICABLE 11 | |
311 | - | PROJECT: 12 | |
312 | - | ||
313 | - | (1) AT LEAST 51% OF THE TOTAL NUMBER OF NEW EMPLOYEES AND 13 | |
314 | - | NEW APPRENTICES ARE STATE RESIDENTS ; AND 14 | |
315 | - | ||
316 | - | (2), AT LEAST 35% OF APPRENTICESHIP HO URS ARE PERFORMED BY 15 | |
317 | - | STATE RESIDENTS . 16 | |
318 | - | ||
319 | - | (B) A CONTRACTOR THAT IS A WARDED A PROCUREMENT CONTRACT FOR A 17 | |
320 | - | COVERED LARGE PROJEC T SHALL ENSURE THAT , FOR THE APPLICABLE P ROJECT: 18 | |
321 | - | ||
322 | - | (1) AT LEAST 20% OF JOURNEY WORKER HO URS ARE PERFORMED BY 19 | |
323 | - | STATE RESIDENTS ; 20 | |
324 | - | ||
325 | - | (2) AT LEAST 51% OF SKILLED WORKER HO URS ARE PERFORMED BY 21 | |
326 | - | STATE RESIDENTS ; 22 | |
327 | - | ||
328 | - | (3) AT LEAST 70% OF COMMON LABOR WORK ER HOURS ARE 23 | |
329 | - | PERFORMED BY STATE RESIDENTS ; 24 | |
330 | - | ||
331 | - | (4) AT LEAST 60% OF APPRENTICESHIP HO URS ARE PERFORMED BY 25 | |
332 | - | STATE RESIDENT S; AND 26 | |
333 | - | ||
334 | - | (5) AT LEAST 35% OF ALL APPRENTICEABL E HOURS ARE PERFORME D 27 | |
335 | - | BY STATE RESIDENTS . 28 8 HOUSE BILL 957 | |
336 | - | ||
337 | - | ||
338 | - | ||
339 | - | (C) (B) AS A CONDITION OF REC EIVING THE CONTRACT , A CONTRACTOR 1 | |
340 | - | SUBJECT TO THIS SUBT ITLE SHALL PROVIDE T O THE UNIT AND THE DEPARTMENT A 2 | |
341 | - | STATEMENT ATTESTING THAT THE CONTRACTOR SHALL MEE T THE REQUIREMENTS 3 | |
342 | - | OF THIS SECTION FOR THE APPLICABLE PROJE CT. 4 | |
343 | - | ||
344 | - | 17–6B–04. 5 | |
345 | - | ||
346 | - | (A) THE SECRETARY MAY ADOPT R EGULATIONS AUTHORIZI NG A 6 | |
347 | - | CONTRACTOR , AS AN ALTERNATIVE TO FULFILLING THE REQUI REMENTS OF § 7 | |
348 | - | 17–6B–03 OF THIS SUBTITLE, TO ELECT TO MAKE A CONTRIBUTION TO: 8 | |
349 | - | ||
350 | - | (1) THE STATE APPRENTICESHIP TRAINING FUND ESTABLISHED 9 | |
351 | - | UNDER § 17–602 OF THIS TITLE; OR 10 | |
352 | - | ||
353 | - | (2) A REGISTERED APPRENT ICESHIP PROGRAM OPERATING AND 11 | |
354 | - | TRAINING APPRENTICES IN THE STATE AS AN ALTERNATIVE TO FULFILLING THE 12 | |
355 | - | REQUIREMENTS OF § 17–6B–03 OF THIS SUBTITLE. 13 | |
356 | - | ||
357 | - | (B) THE DEPARTMENT IS RESPONS IBLE FOR ENFORCING T HE 14 | |
358 | - | REQUIREMENTS OF THIS SUBTITLE. 15 | |
359 | - | ||
360 | - | (C) WHEN DETERMINING COMP LIANCE WITH THIS SUB TITLE, APPLICABLE 16 | |
361 | - | PERCENTAGES ESTABLIS HED UNDER § 17–6B–03 OF THIS SUBTITLE SHA LL BE 17 | |
362 | - | CALCULATED BY ROUNDING TO THE NEAREST WHOLE NU MBER. 18 | |
363 | - | ||
364 | - | 17–6B–05. 19 | |
365 | - | ||
366 | - | A CONTRACTOR THAT EXCE EDS THE REQUIREMENTS OF § 17–6B–03(A) OF 20 | |
367 | - | THIS SUBTITLE ON A C ONTRACT MAY APPLY TH E EXCESS APPRENTICES HIP HOURS 21 | |
368 | - | TO ANOTHER CONTRACT SUBJECT TO THIS SUBT ITLE THAT IS ENTERED INTO BY THE 22 | |
369 | - | CONTRACTOR WITHIN 2 YEARS AFTER THE COMP LETION OF THE FIRST CONTRACT. 23 | |
370 | - | ||
371 | - | 17–6B–06. 24 | |
372 | - | ||
373 | - | (A) A CONTRACTOR THAT FAIL S TO MEET THE REQUIR EMENTS OF THIS 25 | |
374 | - | SUBTITLE SHALL BE LI ABLE FOR AN AMOUNT E QUAL TO 0.125% OF THE TOTAL 26 | |
375 | - | DIRECT AND INDIRECT LABOR COSTS OF THE CONTRACT FOR EACH PERCENTAGE 27 | |
376 | - | POINT BY WHICH THE C ONTRACTOR FAILS TWICE THE NUMBER OF APPRENTICE 28 | |
377 | - | HOURS AT THE APPRENT ICE RATE BY WHICH TH E CONTRACTOR FAILED TO MEET 29 | |
378 | - | THE APPLICABLE REQUI REMENT. 30 | |
379 | - | ||
380 | - | (B) PAYMENTS COLLECTED UN DER THIS SECTION SHA LL BE PAID TO: 31 | |
381 | - | HOUSE BILL 957 9 | |
382 | - | ||
383 | - | ||
384 | - | (1) THE STATE APPRENTICESHIP TRAINING FUND ESTABLISHED 1 | |
385 | - | UNDER § 17–602 OF THIS TITLE; OR 2 | |
386 | - | ||
387 | - | (2) A REGISTERED APPRENT ICESHIP PROGRAM OPERATING AND 3 | |
388 | - | TRAINING APPRENTICES IN THE STATE OR AN ORGANIZATION T HAT HAS 4 | |
389 | - | REGISTERED APPRENTIC ESHIP PROGRAMS LOCATED IN THE STATE, FOR THE 5 | |
390 | - | PURPOSE OF SUPPORTIN G THESE PROGRAMS . 6 | |
391 | - | ||
392 | - | (C) THE SECRETARY SHALL ADOPT REGULATIONS TO ESTAB LISH 7 | |
393 | - | ADMINISTRATIVE PROCE DURES FOR THE COLLEC TION AND DISTRIBUTIO N OF 8 | |
394 | - | PAYMENTS UNDER THIS SECTION. 9 | |
395 | - | ||
396 | - | SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect 10 | |
397 | - | October 1, 2025. 11 | |
398 | - | ||
399 | - | ||
400 | - | ||
401 | - | ||
402 | - | Approved: | |
403 | - | ________________________________________________________________________________ | |
404 | - | Governor. | |
405 | - | ________________________________________________________________________________ | |
406 | - | Speaker of the House of Delegates. | |
407 | - | ________________________________________________________________________________ | |
408 | - | President of the Senate. | |
341 | + | SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect 7 | |
342 | + | October 1, 2025. 8 |