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. *sb0923* SENATE BILL 923 F1, P2 (5lr0926) ENROLLED BILL — Education, Energy, and the Environment/Ways and Means and Health and Government Operations — Introduced by Senator Gile Senators Gile, Attar, Augustine, Brooks, Carozza, Hester, Kagan, and M. Washington 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 Public Schools – High School Sports Officiating Services – Procurement 2 Requirements Officials – Payment and Fees 3 FOR the purpose of establishing requirements for local school systems that issue 4 invitations for bids for high school sports officiating services for boys’ and girls’ high 5 school sports; and generally relating to procurement requirements for high school 6 sports officiating services requiring the State Department of Education, in 7 consultation with the Maryland Public Secondary Schools Athletic Association to 8 develop and periodically update a list of similar high school sports that are 9 categorized together; requiring a county board of education to ensure that certain high 10 school sports officials for certain high school sports are provided equal pay; requiring 11 a county board to conduct invitations for bids for high school sports officiating 12 2 SENATE BILL 923 services in a certain manner; and generally relating to compensation for high school 1 sports officials. 2 BY adding to 3 Article – Education 4 Section 4–147 5 Annotated Code of Maryland 6 (2022 Replacement Volume and 2024 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – Education 10 4–147. 11 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12 INDICATED. 13 (2) “ASSIGNING FEES” MEANS THE FEES CHARG ED BY AN ASSIGNOR . 14 (3) “ASSIGNOR” MEANS AN OFFICIATING ASSOCIATION OR 15 ORGANIZATION OR AN I NDEPENDENT CONTRACTO R THAT: 16 (I) IS REGISTERED AND IN GOOD STANDING WITH T HE STATE 17 DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 18 (II) PROVIDES, ASSIGNS, AND SCHEDULES THE OF FICIALS THAT 19 PROVIDE THE HIGH SCH OOL SPORTS OFFICIATI NG SERVICES FOR A HI GH SCHOOL 20 SPORTING EVENT . 21 (2) “HIGH SCHOOL SPORTS OF FICIAL” MEANS AN OFFICIAL , AN 22 UMPIRE, A REFEREE, OR A JUDGE WHO PRESI DES OVER A SPORTING EVENT TO 23 GUARANTEE THAT THE R ULES OF THE EVENT AR E ENFORCED. 24 (3) “HIGH SCHOOL SPORTS OF FICIATING ROLE ” MEANS AN 25 OFFICIATING ASSIGNME NT FOR A HIGH SCHOOL SPORTS OFFICIAL TH AT REQUIRES 26 PERFORMANCE OF A DEF INED SET OF HIGH SCH OOL SPORTS OFFICIATI NG SERVICES. 27 (4) “HIGH SCHOOL SPORTS OF FICIATING SERVICES ” MEANS THE 28 OFFICIATING SERVICES PROVIDED BY AN OFFICIAL, AN UMPIRE, A REFEREE, OR A 29 JUDGE AT A HIGH SCHO OL SPORTING EVENT A HIGH SCHOOL SPORTS OFFICIAL 30 WHEN OVERSEEING A HI GH SCHOOL SPORT . 31 SENATE BILL 923 3 (5) “SIMILAR BOYS’ AND GIRLS’ HIGH SCHOOL SPORTS ” MEANS HIGH 1 SCHOOL SPORTS THAT : 2 (I) OCCUR IN THE SAME SEA SON; 3 (II) HAVE COMPARABLE RULES ; 4 (III) HAVE A SIMILAR NUMBER OF HIGH SCHOOL SPORTS 5 OFFICIALS; AND 6 (IV) HAVE A SIMILAR TIME O F COMPETITION . 7 (B) A LOCAL SCHOOL SYSTEM SHALL ISSUE INVITATI ONS FOR BIDS OR 8 REQUESTS FOR PROPOSA LS FOR SIMILAR BOYS ’ AND GIRLS’ HIGH SCHOOL SPORTS 9 OFFICIATING SERVICES SIMULTANEOUSLY . 10 (C) (1) A LOCAL SCHOOL SYSTEM MAY ISSUE AN INVITAT ION FOR BIDS OR 11 A REQUEST FOR PROPOS ALS THAT REQUIRES A PROSPECTIVE BIDDER O R OFFEROR 12 TO INCLUDE IN A BID OR AN OFFER BOTH BOY S’ AND GIRLS’ HIGH SCHOOL SPORTS 13 OFFICIATING SERVICES . 14 (2) IF A LOCAL SCHOOL SYS TEM ISSUES SEPARATE INVI TATIONS FOR 15 BIDS OR REQUESTS FOR PROPOSALS FOR BOYS ’ AND GIRLS’ HIGH SCHOOL SPORTS 16 OFFICIATING SERVICES , THE LOCAL SCHOOL SYS TEM: 17 (I) MAY NOT SET SEPARATE DEADLINES FOR THE SU BMISSION 18 OF BIDS AND OFFERS F OR BOYS’ HIGH SCHOOL SPORTS OFFICIATING SERVICES AND 19 GIRLS’ HIGH SCHOOL SPORTS O FFICIATING SERVICES ; AND 20 (II) MAY REQUIRE THAT PROS PECTIVE BIDDERS OR O FFERORS 21 PARTNER TO ENSURE TH AT BIDS AND OFFERS F OR BOYS’ HIGH SCHOOL SPORTS 22 OFFICIATING SERVICES ARE ACCOMPANIED BY B IDS AND OFFERS FOR GIRLS ’ HIGH 23 SCHOOL SPORTS OFFICI ATING SERVICES . 24 (D) A LOCAL SCHOOL SYSTEM SHALL REJECT A BID O R PROPOSAL IF 25 ENTERING INTO A PROC UREMENT CONTRACT BAS ED ON THE BID OR PRO POSAL 26 WOULD RESULT , FOR SIMILAR BOYS ’ AND GIRLS’ HIGH SCHOOL SPORTS , IN THE RATE 27 OF PAY OR ASSIGNING FEES RECEIVED BY IND IVIDUALS OFFICIATING GIRLS’ HIGH 28 SCHOOL SPORTS OR ASS IGNING GIRLS’ HIGH SCHOOL SPORTS O FFICIALS BEING 29 DIFFERENT FROM THE R ATE OF PAY OR ASSIGN ING FEES FOR INDIVID UALS 30 OFFICIATING BOYS ’ HIGH SCHOOL SPORTS O R ASSIGNING BOYS’ HIGH SCHOOL 31 SPORTS OFFICIALS . 32 4 SENATE BILL 923 (E) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT THE PAYMENT OF 1 ASSIGNING FEES AS A BONUS THAT IS PAID O UTSIDE A PROCUREMENT CONTRACT. 2 (F) THE DEPARTMENT MAY DEVELO P GUIDELINES TO ASSI ST A LOCAL 3 SCHOOL SYSTEM IN THE IMPLEMENTATIO N OF THE PROVISIONS OF THIS SECTION , 4 INCLUDING ADDITIONAL CRITERIA FOR DETERMI NING WHICH HIGH SCHO OL 5 SPORTS QUALIFY AS SI MILAR BOYS’ AND GIRLS’ HIGH SCHOOL SPORTS . 6 (B) (1) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT , IN 7 CONSULTATION WITH TH E MARYLAND PUBLIC SECONDARY SCHOOLS ATHLETIC 8 ASSOCIATION, SHALL DEVELOP A LIST OF SIMILAR HIGH SCHO OL SPORTS FOR BOYS 9 AND GIRLS. 10 (2) IN CATEGORIZING BOYS ’ AND GIRLS’ SPORTS AS SIMILAR , THE 11 DEPARTMENT SHALL CONS IDER WHETHER EACH SP ORT: 12 (I) OCCURS IN THE SAME SE ASON; 13 (II) HAS COMPARABLE RULES ; 14 (III) REQUIRES A SIMILAR NU MBER OF HIGH SCHOOL SPORTS 15 OFFICIALS; 16 (IV) REQUIRES SIMILAR HIGH SCHOOL SPORTS OFFICI ATING 17 SERVICES; AND 18 (V) FEATURES COMPETITION OF COMPARABLE LENGTHS OF 19 TIME. 20 (3) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 21 PUBLIC SECONDARY SCHOOLS ATHLETIC ASSOCIATION, SHALL UPDATE THE LIS T 22 EVERY 3 YEARS. 23 (C) (1) THIS SUBSECTION APPLI ES TO A HIGH SCHOOL SPORTS OFFICIAL 24 WHO: 25 (I) IS AN EMPLOYEE OF THE LOCAL SCHOOL SYS TEM; OR 26 (II) IS EMPLOYED BY AN IND EPENDENT CONTRACTOR OR 27 OFFICIATING ASSOCIAT ION OR ORGANIZATION , WITH WHICH THE COUNT Y BOARD 28 CONTRACTS. 29 (2) A COUNTY BOARD SHALL E NSURE THAT HIGH SCHO OL SPORTS 30 OFFICIALS RECEIVE TH E SAME PAY IF THE OFFICIALS: 31 SENATE BILL 923 5 (I) ARE IN SIMILAR HIGH S CHOOL SPORTS OFFICIA TING ROLES; 1 AND 2 (II) ARE PROVIDING OFFICIA TING SERVICES FOR SP ORTS 3 CATEGORIZED AS SIMIL AR UNDER SUBSECTION (B) OF THIS SECTION. 4 (D) (1) A COUNTY BOARD SHALL R EJECT A BID OR PROPO SAL FOR A 5 PROCUREMENT CONTRACT THAT WOULD RESULT IN DIFFERENT PAY OR FEE S FOR 6 HIGH SCHOOL SPORTS O FFICIALS IN A SIMILA R HIGH SCHOOL SPORTS OFFICIATING 7 ROLE FOR SPORTS CATE GORIZED AS SIMILAR U NDER SUBSECTION (B) OF THIS 8 SECTION. 9 (2) WHEN SOLICITING INVIT ATIONS FOR A BID OR A REQUEST FOR A 10 PROPOSAL FOR HIGH SC HOOL SPORTS OFFICIAT ING SERVICES, A COUNTY BOARD 11 SHALL SOLICIT BIDS O R REQUESTS FOR A PRO POSAL FOR EACH SPORT WITHIN A 12 REASONABLE TIME OF T HE SOLICITATION OF B IDS OR REQUESTS FOR PROPOSALS 13 FOR ALL SPORTS CATEG ORIZED AS SIMILAR UN DER SUBSECTION (B) OF THIS 14 SECTION. 15 (E) (1) THIS SECTION MAY ONLY BE CONSTRUED TO REQU IRE PARITY 16 BETWEEN HIGH SCHOOL SPORTS OFFICIALS PER FORMING SIMILAR ROLE S IN 17 SIMILAR SPORTS WITHI N A COUNTY AND MAY N OT BE CONSTRUED TO R EQUIRE 18 PARITY IN HIGH SCHOOL SPO RTS OFFICIALS BETWEE N COUNTIES. 19 (2) THIS SECTION MAY NOT BE CONSTRUED TO HAVE ANY EFFECT ON 20 THE GROUPING OF SPOR TS TOGETHER FOR ANY PURPOSE OTHER THAN T HE 21 PAYMENT OF HIGH SCHO OL SPORTS OFFICIALS OR FEES ASSIGNED TO CONTRACTS 22 FOR HIGH SCHOOL SPORTS OFFICI ALS. 23 (3) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT FEES 24 OUTSIDE OF A PROCURE MENT CONTRACT AS A B ONUS TO HIGH SCHOOL SPORTS 25 OFFICIALS. 26 SECTION 2. AND BE IT FURTHER ENACTED, That: 27 (a) A local school system that executed a procurement contract for high school 28 sports officiating services, as defined in § 4–147 of the Education Article, as enacted by 29 Section 1 of this Act, on or before July 1, 2025, may extend the term of the contract to align 30 the contract timelines for similar boys’ and girls’ high school sports. 31 (b) A local school system may not extend a contract under subsection (a) of this 32 section beyond July 1, 2029. 33 6 SENATE BILL 923 SECTION 3. AND BE IT FURTHER ENACTED, That, except for a contract for high 1 school sports officials extended by a local school system in accordance with Section 2 of this 2 Act, this Act shall be construed to apply only prospectively and may not be applied or 3 interpreted to have any effect on or application to any procurement contracts for high school 4 sports officiating services, as defined in § 4–147 of the Education Article, as enacted under 5 Section 1 of this Act, entered into before the effective date of this Act. 6 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7 1, 2025. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.