reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-704 - List of Persons Engaged in Investment Activities in Iran [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
(a)    (1)    On or before December 31, 2012, the Board shall use credible information available to the public to create a list of persons that the Board determines to be engaged in investment activities in Iran as described in § 17–702 of this subtitle.
(2)    The Board shall update the list at least every 180 days.
(3)    Before the Board includes a person on the list, the Board shall provide the person with 90 days’ written notice that:
(i)    the Board intends to include the person on the list; and
(ii)    inclusion on the list would make the person ineligible to bid on, submit a proposal for, or enter into or renew a contract with a public body for goods or services.
(4)    The notice required under paragraph (3) of this subsection shall specify that if the person ceases engagement in investment activities in Iran as described in § 17–702 of this subtitle, the person may become eligible for a future contract or contract renewal with a public body for goods or services on removal from the list.
(b)    (1)    The Board shall provide a person with an opportunity to comment in writing to the Board that the person is not engaged in investment activities in Iran.
(2)    If the person demonstrates to the Board that the person is not engaged in investment activities in Iran as described in § 17–702 of this subtitle, the Board may not include the person on the list.
(c)    The Board shall remove a person from the list if the person demonstrates to the Board that the person no longer is engaged in investment activities in Iran as described in § 17–702 of this subtitle.
(d)    The Board shall make every reasonable effort to avoid erroneously including a person on the list.
(e)    The Board shall publish the list on the Internet.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-705 - Bid or Proposal for Contract [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
(a)    On or after January 1, 2013, a public body shall require a person that submits a bid or proposal to the public body for a contract for goods or services, or otherwise proposes to enter into or renew a contract for goods or services with the public body, to:
(1)    certify at the time the bid is submitted or the contract is renewed that the person:
(i)    is not identified on the list created by the Board as a person engaging in investment activities in Iran as described in § 17–702 of this subtitle; and
(ii)    is not engaging in investment activities in Iran as described in § 17–702 of this subtitle; or
(2)    if the person is unable to make the certification under item (1) of this subsection, provide the public body, under penalty of perjury, a detailed description of the person’s investment activities in Iran.
(b)    A public body shall submit any information provided to the public body under subsection (a)(2) of this section to the Board.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-706 - False Certification [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
(a)    (1)    If a public body, using credible information available to the public, determines that a person has submitted a false certification under § 17–705(a)(1) of this subtitle, the public body shall provide written notice to the person and an opportunity for the person to demonstrate in writing that the person is not engaged in investment activities in Iran.
(2)    If the person fails to demonstrate to the public body within 90 days after the public body provides notice under paragraph (1) of this subsection that the person is not engaged in investment activities in Iran, the public body shall report to the Board and the Attorney General:
(i)    the name of the person determined to have submitted a false certification; and
(ii)    the information on which the public body made its decision.
(b)    (1)    The Attorney General may institute an action against a person determined to have submitted a false certification under § 17–705(a)(1) of this subtitle.
(2)    An action brought under this section shall be brought within 3 years from the date the certification is made.
(c)    If, in an action brought under this section, a court determines that a person submitted a false certification:
(1)    the person shall pay all reasonable costs and fees incurred in the civil action, including:
(i)    any costs incurred by the public body for the investigation that led to the finding of the false certification; and
(ii)    all reasonable costs and fees incurred by the Attorney General in bringing the action;
(2)    the court may impose a civil penalty equal to the greater of $1,000,000 or twice the amount of the contract for which the false certification was submitted;
(3)    the public body may terminate the contract for which the false certification was submitted; and
(4)    the person is ineligible to bid on a contract with a public body for a period of 3 years from the date of the court order.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an unsuccessful bidder or any other person may not protest the award of a contract or contract renewal on the basis of a false certification.
(2)    Paragraph (1) of this subsection does not prohibit a public body from filing a protest objecting to the award of a contract or contract renewal on the basis of a false certification.
(e)    This subtitle does not create or authorize a private right of action.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 7 - Investment Activities in Iran › Section 17-707 - Preemption [Subtitle Subject to Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **
This subtitle preempts any law, ordinance, rule, or regulation of any local governing body involving procurement contracts for goods or services with a person engaged in investment activities in Iran.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 8 - Responsible Payment of Employee Health Care Expenses › Section 17-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Aggregate employee health care expenses” means all employee health care expenses paid by a responsible bidder or subcontractor.
(c)    (1)    “Aggregate Social Security wages” means all wages paid by a responsible bidder or subcontractor to an employee for the period of time in which the wages are paid.
(2)    “Aggregate Social Security wages” does not include wages that are above the federal Social Security contribution and benefit base.
(d)    “Employee” means an individual who is employed by a responsible bidder, contractor, or subcontractor to work on or at the site of a State–funded construction project.
(e)    (1)    “Employee health care expenses” means any costs for health care services that are paid by a responsible bidder or subcontractor to an employee, unless the employee has coverage under another plan.
(2)    “Employee health care expenses” includes:
(i)    contributions made on behalf of an employee to provide credible health care coverage in the form of any group policy, contract, or program that is written or administered by a disability insurer, health care service plan, fraternal benefits society, self–insured employer plan, or any other entity, in this State or elsewhere, that arranges or provides medical, hospital, and surgical coverage not designated to supplement other private or governmental plans;
(ii)    contributions made on behalf of an employee to a health savings account as defined under § 223 of the Internal Revenue Code or to any other account having a substantially equivalent purpose or effect without regard to whether the contributions qualify for a tax deduction or are excludable from employee income;
(iii)    reimbursements to an employee for expenses incurred in the purchase of health care services;
(iv)    payments to a third party for the purpose of providing health care services for an employee;
(v)    payments under a collective bargaining agreement for the purpose of providing health care services for an employee; and
(vi)    costs incurred in the direct delivery of health care services to an employee.
(f)    “Health care services” means medical care, services, or goods that:
(1)    qualify as a tax deductible expense under § 213 of the Internal Revenue Code; or
(2)    have a substantially equivalent purpose to medical care, services, or goods that qualify as a tax deductible expense under § 213 of the Internal Revenue Code.
(g)    “Subcontractor” means a person:
(1)    listed on a responsive bid to provide construction services under a portion of a contract with the State; or
(2)    added to a contract with the State after the contract is awarded in order to provide construction services under a portion of the contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 8 - Responsible Payment of Employee Health Care Expenses › Section 17-802 - Regulations; Applicability

(a)    Subject to subsection (b) of this section, the Board shall adopt regulations that require all bidders, contractors, and subcontractors to pay employee health care expenses as required by this subtitle.
(b)    This subtitle does not apply to:
(1)    a minority business enterprise, as defined under Title 14, Subtitle 3 of this article; or
(2)    a small business with 30 or fewer employees.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 8 - Responsible Payment of Employee Health Care Expenses › Section 17-803 - Certification of Payment of Employee Health Care Expenses

(a)    By regulation, the Department of General Services and the Department of Transportation shall establish procedures for each bidder, contractor, or subcontractor that performs work on a State–funded construction project to certify that the bidder, contractor, or subcontractor pays employee health care expenses in accordance with subsection (b) of this section.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a bidder, contractor, or subcontractor shall demonstrate the payment of employee health care expenses by submitting certification or a valid contract to the Department of General Services or the Department of Transportation evidencing that, with respect to the employees who will work on or at the site of the project:
(i)    the bidder, contractor, or subcontractor pays aggregate employee health care expenses of at least 5% of the aggregate Social Security wages paid by the bidder, contractor, or subcontractor; or
(ii)    the bidder, contractor, or subcontractor pays 50% or more of the required premium necessary to obtain coverage by a credible health care insurance plan.
(2)    Before July 1, 2021, a bidder, contractor, or subcontractor may demonstrate payment of employee health care expenses by submitting certification or a valid contract to the Department of General Services or the Department of Transportation evidencing, with respect to the employees who will work on or at the site of the project, that:
(i)    under a contract with a credible health care insurance plan or through a collective bargaining agreement, the bidder, contractor, or subcontractor pays some portion of employee health care expenses; and
(ii)    the bidder, contractor, or subcontractor will meet the requirements of paragraph (1) of this subsection on renewal of the contract or collective bargaining agreement.
(c)    The Department of General Services and the Department of Transportation shall collaborate with the Maryland Department of Labor to develop the form required for certification under subsection (b) of this section.
(d)    A procurement officer may require a responsible bidder or subcontractor to submit records to the procurement officer that are sufficient to support the certification that the bidder or subcontractor submitted in accordance with subsection (b) of this section.
(e)    If a responsible bidder that is awarded a contract to work on a State–funded construction project fails to submit records required under this section within a reasonable period of time, the procurement officer may void the contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 8 - Responsible Payment of Employee Health Care Expenses › Section 17-804 - Providing False Information

(a)    A person or an entity may not provide false information under this subtitle.
(b)    A person who violates subsection (a) of this section shall be subject to a civil penalty of not less than $2,500 and not exceeding $25,000 for each violation.
(c)    An action for a civil penalty under this section may be brought by:
(1)    the unit that awarded the contract, in its own name;
(2)    the Attorney General, in the name of the State; or
(3)    a State’s Attorney, in the name of the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 17 - Special Provisions -- State and Local Subdivisions › Subtitle 9 - Baltimore City › Section 17-901 - Bus Lane System Operator -- Competitive Request for Proposals -- Relevant Procurement Preferences Applied

(a)    In this section, “bus lane system operator” has the meaning stated in § 21–1133 of the Transportation Article.
(b)    (1)    If the City of Baltimore elects to designate a contractor to serve as the bus lane system operator for the City of Baltimore, the City of Baltimore shall issue a competitive request for proposals to select the contractor.
(2)    If the Baltimore City Police Department elects to designate a contractor to administer and process civil citations issued under § 21–1134 of the Transportation Article, the City of Baltimore shall issue a competitive request for proposals to select the contractor.
(c)    If the City of Baltimore issues a request for proposals under subsection (b) of this section, the City of Baltimore shall apply the relevant procurement preferences for minority and women’s business enterprises and consider the procurement participation goals regarding minority and women’s business enterprises in selecting a contractor.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Labor and Industry.
(c)    (1)    “Employer” means a contractor or subcontractor that has a State contract for services valued at $100,000 or more.
(2)    “Employer” does not include a contractor or subcontractor that:
(i)    employs 10 or fewer employees; and
(ii)    has a State contract for services valued at less than $500,000.
(d)    “Living wage” means an hourly wage set as provided under § 18–103 of this title.
(e)    “Tier 1 area” includes Montgomery County, Prince  George’s County, Howard County, Anne Arundel County, Baltimore  County, and Baltimore City.
(f)    “Tier 2 area” includes any county in the State not  included in the Tier 1 area.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-102 - Scope

(a)    (1)    This title applies to an employee of an employer for the duration of a contract subject to this title if at least one–half of the employee’s time during any workweek relates to a State contract for services or a subcontract for services under a State contract.
(2)    This title does not apply to an employee of an employer if the employee:
(i)    is 17 years of age or younger for the duration of a contract subject to this title; or
(ii)    works less than 13 consecutive weeks for the duration of a contract subject to this title and during that period works full time.
(b)    This title does not apply to a contract:
(1)    for services needed immediately to prevent or respond to an imminent threat to public health or safety;
(2)    with a public service company;
(3)    with a nonprofit organization;
(4)    between units; or
(5)    between a unit and a county or Baltimore City.
(c)    If the unit responsible for a State contract determines that application of this title would conflict with any applicable federal program requirement, this title does not apply to the contract or program.
(d)    The head of the unit responsible for a State contract  subject to this title shall determine if contract services valued at  50% or more of the total value of the contract will be performed in  the Tier 1 area or the Tier 2 area and shall provide that  determination on the invitation for a bid.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-103 - General Consideration

(a)    Except as provided in subsection (c) of this section, an employer subject to this title shall pay each employee covered under this title:
(1)    at least $11.30 per hour, if State contract services valued at 50% or more of the total value of the contract are performed in the Tier 1 area; or
(2)    at least $8.50 per hour, if State contract services valued at 50% or more of the total value of the contract are performed in the Tier 2 area.
(b)    (1)    Not later than 90 days after the start of each fiscal year, the Commissioner shall adjust the wage rates required under subsection (a) of this section by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington Metropolitan Area, or any successor index, for the previous calendar year.
(2)    If the Commissioner adjusts the wage rates in accordance with paragraph (1) of this subsection, the Commissioner shall publish the new wage rates on the Division of Labor and Industry’s website.
(3)    On request by any person, the Commissioner shall give the person a printed copy of the new wage rates.
(c)    If an employer commits in its bid or proposal to provide health insurance to an employee, either directly or through an employee representative, the employer may:
(1)    certify in its bid or proposal the hourly cost of the employer’s share of the premium for that insurance for each employee; and
(2)    reduce the wage rate paid under subsection (a) of this section to any employee covered by the insurance by all or part of the hourly cost of the employer’s share of the premium for each employee.
(d)    The Commissioner may authorize, by regulation, an employer to reduce the wage rates paid under subsection (a) of this section by no more than 50 cents of the hourly cost of the employer’s contribution to an employee’s deferred compensation plan.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-104 - Regulations; Records and Reports; Measurements

(a)    The Commissioner shall adopt regulations governing employers subject to this title.
(b)    The Commissioner may require that an employer keep records and submit reports to the Commissioner that the Commissioner determines necessary for the effective administration and enforcement of this title.
(c)    The Commissioner every 3 years shall assess the appropriateness of:
(1)    the measures used to adjust the wage rates under § 18–103(b) of this subtitle to ensure that the measures accurately reflect the wage rates of employees in the Tier 1 area and Tier 2 area of the State; and
(2)    the placement of counties in the Tier 1 area and Tier 2 area.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-106 - Posting of Required Notice

(a)    During any period in which an employee of the employer is entitled to a wage rate under this title, each employer subject to this title shall post in a prominent and easily accessible place at the work site of an employee described in § 18–102(a) of this title a notice of:
(1)    the living wage rate;
(2)    employee rights under this title; and
(3)    the name, address, and telephone number of the Commissioner.
(b)    The notice under this section shall be:
(1)    developed by the Commissioner in English, Spanish, and any other language commonly used by employees at a work site; and
(2)    (i)    on request of an employer, provided without charge to the employer; or
(ii)    made available for download on the Internet without charge.
(c)    Subject to § 10–1001 of the State Government Article, the Commissioner may impose on a person that violates this section a civil penalty not exceeding $50 per violation.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-107 - Complaints and Hearing Procedure

(a)    Within 30 days after a complaint is filed, the Commissioner shall investigate the complaint in accordance with this title.
(b)    A written or oral complaint or statement made by an employee under this title is confidential and may not be disclosed to the employer without the consent of the employee.
(c)    An employer subject to this title shall allow the Commissioner or the Commissioner’s designee access to a work site and payroll records, and allow an opportunity to interview employees for purposes of enforcing this title.
(d)    (1)    Within 30 days after completing an investigation, the Commissioner shall issue an order for a hearing.
(2)    Within 30 days before the hearing, the Commissioner shall serve, personally or by mail, written notice of the hearing on all interested parties.
(3)    The notice shall include:
(i)    a statement of facts disclosed in the investigation; and
(ii)    the time and place of the hearing.
(4)    In conducting a hearing, the Commissioner may:
(i)    subpoena witnesses;
(ii)    administer oaths; and
(iii)    compel the production of records, books, papers, and other evidence.
(e)    (1)    Within 30 days after the conclusion of the hearing, the Commissioner shall:
(i)    issue a determination; and
(ii)    serve, personally or by mail, each interested party with a copy of the determination.
(2)    If the Commissioner finds a violation of this title, the Commissioner shall determine the amount of restitution and liquidated damages to be assessed under § 18–108 of this title.
(3)    On receipt of the determination, the employer shall pay the affected employees the amount due in accordance with the Commissioner’s determination.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-108 - Restitution and Damages

If the Commissioner determines that the employer violated a provision of this title or regulations of the Commissioner, the employer shall:
(1)    pay restitution to each affected employee; and
(2)    pay to the State liquidated damages of $20 per day for each employee who was paid less than the hourly rate required under this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 18 - Living Wage › Section 18-109 - Actions

(a)    (1)    If an employee was paid less than the wage rate required under this title the employee is entitled to sue to recover the amount of the difference between the wage rate required under this title and the amount received by the employee.
(2)    A determination by the Commissioner that an employer is required to make restitution does not preclude an employee from filing an action under this section.
(b)    (1)    An action under this section is considered to be a suit for wages.
(2)    A judgment in an action under this section shall have the same force and effect as any other judgment for wages.
(c)    The failure of an employee to protest orally or in writing the payment of a wage that is less than the wage rate required under this title is not a bar to recovery in an action under this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-101 - Policy of State

(a)    It is the policy of the State not to enter into a contract with any business entity that has discriminated in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners.
(b)    Nothing in this title shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the marketplace.
(c)    A complaint of discrimination shall be filed within 4 years after the date the cause of action accrues.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-102 - Legislative Intent

It is the intent of the State to avoid becoming a passive participant in private sector commercial discrimination by refusing to procure goods and services from business entities that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination by providing a procedure for receiving, investigating, and resolving complaints of discrimination filed against business entities that:
(1)    have submitted a bid or proposal; or
(2)    have been selected to engage in, or are engaged in, providing goods or services to the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-104 - Participation in Economic Development Projects

(a)    As a condition of participating in an economic development project, the State shall require the governmental entity, quasi-governmental entity, corporation, developer, or contractor that receives assistance from the State to comply with this title:
(1)    in administering the economic development project; and
(2)    in awarding contracts to manage or perform the work entailed in the economic development project.
(b)    (1)    Each contract and subcontract awarded in connection with an economic development project shall contain the nondiscrimination clause set forth in § 19-115 of this title.
(2)    Any claim of discrimination relating to the economic development project shall be subject to investigation and adjudication by the State in accordance with this title.
(c)    This title does not apply to:
(1)    other than a lease of real estate for the State’s use, any real property acquisition by the State, including property subject to condemnation;
(2)    settlement of litigation;
(3)    except for proceedings to enforce this title, settlement of judicial or administrative enforcement proceedings by or on behalf of the State; and
(4)    agreements concerning standards for locating facilities in a State right-of-way when a business entity has a statutory right to be in the right-of-way.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-105 - Construction

(a)    The provisions of this title are to be liberally construed to accomplish its objectives and purposes.
(b)    For purposes of administration, the Commission shall construe the provisions of this title.
(c)    A decision of the Commission is subject to judicial review under § 19-113 of this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-106 - Administrative Complaints

(a)    Any person may file an administrative complaint with the Commission within the limitations period set forth in § 19–101(c) of this title stating facts showing or tending to show that a business entity has within the preceding 4–year period engaged in discrimination or retaliation against that person in violation of this title.
(b)    Within 10 business days, the Commission shall notify the business entity against whom the complaint was filed that a complaint has been received.
(c)    Before the commencement of an investigation of an administrative complaint, Commission staff shall review the complaint to determine whether:
(1)    mediation would be appropriate; and
(2)    both parties should be contacted to attempt such mediation in a manner consistent with the regulations adopted under this title.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-107 - Investigation of Discrimination and Retaliation Complaints

(a)    Commission staff shall be responsible for directing and conducting investigations of discrimination and retaliation complaints filed under this title in a manner consistent with §§ 20–208, 20–1005, 20–1006, 20–1008, 20–1009, and 20–1010 of the State Government Article.
(b)    The Commission may request assignment of additional State personnel or outside consultants as may be reasonably necessary or appropriate to conduct an investigation.
(c)    (1)    Commission staff shall exercise reasonable judgment in seeking relevant evidence from the complainant, the respondent business entity and, as necessary, external sources.
(2)    This title may not be construed to require the State to fund the cost of:
(i)    having State staff or other individuals travel outside the State to investigate any claim under this title; or
(ii)    having witnesses travel to the State for the purpose of investigating a claim or testifying at a hearing or proceeding under this title.
(d)    (1)    Consistent with § 20–1101 of the State Government Article, the Public Information Act, and the Open Meetings Act, the Commission shall protect the confidential character of information relating to an investigation and may issue protective orders for good cause to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party.
(2)    A protective order issued under paragraph (1) of this subsection may include:
(i)    a document in the possession of the State or otherwise in the record that is not a public record; and
(ii)    information disclosed in accordance with § 19–116 of this title.
(e)    The Commission shall exercise reasonable discretion in determining the extent of the investigation required to support Commission staff’s initial findings and recommendations.
(f)    (1)    The Commission may investigate and adjudicate a claim of discrimination under this title only if the claim alleges that:
(i)    the discrimination was committed by a business entity within the limitations period set forth in § 19–101(c) of this title; and
(ii)    the discrimination occurred in the State.
(2)    Discrimination is deemed to have occurred in the State only if:
(i)    each party operated a place of business in, or resided in, the State at the time of the discrimination; or
(ii)    the discriminatory act was committed in the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-110 - Remedy When Allegations Sustained

(a)    When an allegation is sustained by an administrative law judge under this title, the administrative law judge may take additional evidence on the appropriate remedy to be recommended, including evidence relating to factors set forth in § 19–108(e) of this title and any other evidence deemed relevant by the administrative law judge.
(b)    If the administrative law judge sustains an allegation, the administrative law judge may order any one or more of the following actions:
(1)    any remedy that is agreed to by the respondent business entity, the complainant, and the Commission;
(2)    referral of the respondent business entity to the Board of Public Works for a determination of debarment pursuant to §§ 16–306 and 16–307 of this article to preclude the business entity from:
(i)    bidding on or receiving contract awards on State projects; and
(ii)    participating in State contracts as a subcontractor, vendor, or supplier for a period of not more than 3 years;
(3)    rescission, suspension, or termination of any current contract between the respondent business entity and the State under the terms of that contract;
(4)    exercise of any other rights or remedies available to the State under any current contract between the respondent business entity and the State;
(5)    finding that the respondent business entity is not a “responsible bidder” within the meaning of this article with respect to specific contracts that the State has put out for bids or intends to put out for bids;
(6)    referral of the matter for criminal prosecution of fraud and other violations under State law if appropriate under the circumstances; or
(7)    mediation.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-111 - Remedy for Filing False or Frivolous Allegations

(a)    If the Commission determines that one or more allegations of a complaint filed under this title are false and that the complainant knew them to be false when filed, or that one or more of the allegations of a complaint are frivolous and without merit, the Commission may refuse to review or investigate any subsequent complaint filed by that complainant for a period of up to 3 years.
(b)    When the totality of the evidence warrants action to deter future abuse of the protections made available under this title, the Commission may also recommend to the administrative law judge:
(1)    that monetary sanctions be imposed against the complainant in the amount of the costs incurred by the State and the business entity in the investigation and review of the false or frivolous complaint, including reasonable attorneys’ fees; and
(2)    that the complainant be disqualified from bidding and contract awards on State projects for a period of not more than 3 years.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-112 - Issuance of Final Administrative Decision

(a)    Absent a request for a contested case hearing, the Commission’s findings and recommendations shall become the final administrative decision of the State, subject to such judicial review as is provided for in a contested case under § 10-222 of the State Government Article.
(b)    In cases where a contested case hearing has been requested, the administrative law judge’s written decision shall become the final administrative decision of the State subject to judicial review as provided for in a contested case under § 10-222 of the State Government Article.
(c)    On issuance of a final decision, the Commission or the administrative law judge may enter any order reasonably necessary or convenient to govern the conduct of the State and the parties so that the purposes of this title are achieved.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-114 - Nondiscrimination Clause

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows:
“As a condition of entering into this agreement, the company represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, the company may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-115 - Certification to Be Included in Request for Bids or Proposals

All requests for bids or proposals issued for State contracts shall include the following certification to be completed by the bidder:
“The undersigned bidder hereby certifies and agrees that the following information is correct:
In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19–103 of the State Finance and Procurement Article of the Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, “discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation for bids on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder shall provide to the State a list of all instances within the immediate past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a bid or proposal to the State, the bidder agrees to comply with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.”.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-116 - Language to Be Included in All State Contracts

Every contract that the State enters into shall include the following language:
“As a condition of entering into this agreement, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against the company under Title 19 of the State Finance and Procurement Article, as amended from time to time, the company agrees to: provide to the State within 60 days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the company has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by the contractor on each subcontract or supply contract. The company further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, to provide any documents relevant to any investigation that is requested by the State. The company understands and agrees that violation of this clause shall be considered a material breach of this agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.”.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 19 - Commercial Nondiscrimination Policy › Section 19-118 - Effect of Pending Action

The filing, investigation, hearing, and appeal of a complaint under this title may not hinder or affect the eligibility for bidding, award of, performance of, or payment on a contract prior to a final adjudicated decision that establishes a violation.
2023 Maryland Statutes › State Government › Title 1 - Definitions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated.
(b)    “County” means a county of the State and, unless expressly provided otherwise, Baltimore City.
(c)    “Includes” or “including” means includes or including by way of illustration and not by way of limitation.
(d)    “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(e)    “State” means:
(1)    a state, possession, or territory of the United States;
(2)    the District of Columbia; or
(3)    the Commonwealth of Puerto Rico.
2023 Maryland Statutes › State Government › Title 2 - General Assembly › Subtitle 1 - Definitions; General Provisions › Section 2-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “House” means the House of Delegates of Maryland.
(c)    “President” means the President of the Senate.
(d)    “Senate” means the Senate of Maryland.
(e)    “Speaker” means the Speaker of the House.
(f)    “Standing committee” means:
(1)    a standing committee of the Senate, as set forth in the Senate rules; or
(2)    a standing committee of the House, as set forth in the House rules.
2023 Maryland Statutes › State Government › Title 2 - General Assembly › Subtitle 1 - Definitions; General Provisions › Section 2-102 - Required Services

(a)    The State shall provide the members of the General Assembly with reasonable office space and services, equipment, and secretarial services, as provided in the State budget.
(b)    (1)    A municipal corporation, county, or other political subdivision or its governing body may not subsidize a member of the General Assembly in the maintenance of the space, services, or equipment.
(2)    This subsection does not prohibit the establishment of an office by a political subdivision to maintain liaison between the subdivision and the General Assembly.
2023 Maryland Statutes › State Government › Title 2 - General Assembly › Subtitle 1 - Definitions; General Provisions › Section 2-103 - Permanent Part-Time Legislative Employees

(a)    In this section, “permanent part–time legislative employee” means an individual who, for at least 130 days a year, is employed by the General Assembly.
(b)    A permanent part–time legislative employee shall receive employment rights, privileges, and benefits that:
(1)    equal at least 50% of the employment rights, privileges, and benefits of a permanent full–time employee of the Department of Legislative Services; and
(2)    for an individual who is employed for at least 50% of a full workweek, are prorated in proportion to the number of hours worked.
(c)    For auditing purposes, permanent time records shall be kept for each permanent part–time legislative employee.
(d)    The President and the Speaker shall administer this section.
2023 Maryland Statutes › State Government › Title 2 - General Assembly › Subtitle 1 - Definitions; General Provisions › Section 2-104 - Employees of General Assembly, Department of Legislative Services; Transfer

(a)    (1)    All full–time permanent employees of the General Assembly of Maryland and the Department of Legislative Services shall be considered as full–time permanent State employees for the purposes of transferring to a position in the Executive or Judicial Branch of State government.
(2)    These employees shall receive credit for service with the General Assembly for the purposes of transferring accumulated sick and vacation leave, service credit in the Employees’ Retirement System, and all other benefits.
(3)    These employees shall be granted the same salary consideration that would be provided to an employee transferring within the Executive or Judicial Branch.
(b)    On the transfer of a General Assembly employee or an employee of the Department of Legislative Services to a position in the Executive Branch, the Secretary of Budget and Management may request that the President of the Senate or the Speaker of the House of Delegates or their representative certify as to the full–time permanent status of that employee. The certification shall be satisfactory evidence for the purposes of subsection (a) of this section.
(c)    If any employee of the General Assembly transferred to a position in the Executive or Judicial Branch on or after July 1, 1977, and suffered any loss of compensation or benefits solely as a result of the employee’s prior service with the General Assembly not being recognized as full–time permanent service, the employee’s compensation and benefits shall be reinstated at the appropriate level and the employee shall be reimbursed for any loss in salary from the effective date of the transfer.
(d)    Any full–time permanent employee of the General Assembly of Maryland or the Department of Legislative Services who separates from State service and returns to State service in the Executive or Judicial Branch within 3 years from the time of separation from active duty shall be eligible for reinstatement and shall receive full credit for any prior State service.
2023 Maryland Statutes › State Government › Title 2 - General Assembly › Subtitle 1 - Definitions; General Provisions › Section 2-105 - Leaves of Absences for Sessions

While the General Assembly is in session, each member or employee of the General Assembly who also is employed by the State or any of its political subdivisions:
(1)    is entitled automatically to a leave of absence from the other employment; and
(2)    except for a right to a salary or wages, may not be deprived of or otherwise have impaired any incident of the employment, including tenure, seniority, annual or sick leave, promotional rights, or rights to salary increments.