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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0334*
HOUSE BILL 334
P2 6lr2066
By: Delegates Ruth, Charkoudian, Addison, Forbes, Hill, Kaufman, Lehman,
Lewis, Martinez, Moreno, Pasteur, Stein, Taveras, Terrasa, and Wims
Introduced and read first time: January 19, 2026
Assigned to: Government, Labor, and Elections
A BILL ENTITLED
AN ACT concerning 1
State Procurement – Constitutional Violations – Prohibited 2
FOR the purpose of requiring a procurement officer to require a certain certification from 3
a bidder or offeror and to include a certain clause in a State procurement contract 4
relating to unconstitutional activity ; and generally relating to constitutional 5
violations and State procurement. 6
BY adding to 7
Article – State Finance and Procurement 8
Section 13–212.2 and 13–230 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Finance and Procurement 14
13–212.2. 15
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “AFFILIATE” MEANS AN ENTITY WITH A COR PORATE OR LEGAL 18
RELATIONSHIP WITH THE BIDDER OR OFFEROR, INCLUDING: 19
(I) SHARED OWNERSHIP OR CONTROL; OR 20
2 HOUSE BILL 334
(II) AN ECONOMIC RELATIONSHIP OR PART NERSHIP, 1
INCLUDING MARKETING OR PROMOTION. 2
(3) “BIDDER OR OFFEROR” INCLUDES: 3
(I) ANY DIVISION OF THE BIDDER OR OFFEROR , EVEN IF IT IS 4
UNRELATED TO THE PROCUREMENT ACTIVITY; AND 5
(II) AN AFFILIATE OF THE BIDDER OR OFFEROR. 6
(B) A PROCUREMENT OFFICER SHALL REQUIRE A BIDDER OR OFFEROR, AS 7
A CONDITION TO SUBMITTING A BID OR PROPOSAL ON A STATE PROCUREMENT, TO 8
CERTIFY THAT THE BIDDER OR OFFEROR: 9
(1) IS NOT ENGAGING IN ANY ACTIONS THAT VIO LATE THE U.S. 10
CONSTITUTION OR THE MARYLAND CONSTITUTION; AND 11
(2) WILL REFRAIN FROM EN GAGING IN ANY ACTION S THAT VIOLATE 12
THE U.S. CONSTITUTION OR THE MARYLAND CONSTITUTION FOR THE DURATION 13
OF THE CONTRACTUAL OBLIGATIONS. 14
13–230. 15
A PROCUREMENT OFFICER SHALL INCLUDE IN A STATE PROCUREMENT 16
CONTRACT A CLAUSE RE QUIRING THE CONTRACTOR TO CERTIF Y THAT THE 17
CONTRACTOR: 18
(1) IS NOT ENGAGING IN A NY ACTIONS THAT VIOL ATE THE U.S. 19
CONSTITUTION OR THE MARYLAND CONSTITUTION; AND 20
(2) WILL REFRAIN FROM EN GAGING IN ANY ACTION S THAT VIOLATE 21
THE U.S. CONSTITUTION OR THE MARYLAND CONSTITUTION FOR THE DURA TION 22
OF THE CONTRACTUAL OBLIGATIONS. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25