Text of MD HB 1397 (2024)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1397* HOUSE BILL 1397 D5 4lr2780 CF SB 590 By: Delegates Simmons, Cardin, Fair, Pasteur, Phillips, and Vogel Introduced and read first time: February 9, 2024 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Human Relations – Discrimination – Protected Characteristics 2 FOR the purpose of altering certain provisions of law prohibiting discrimination based on 3 certain protected characteristics to include prohibitions on discrimination based on 4 sexual orientation, gender identity, race, religious beliefs, marital status, and 5 disability; and generally relating to prohibitions against discrimination based on 6 protected characteristics. 7 BY repealing and reenacting, with amendments, 8 Article – Commercial Law 9 Section 11–102(e), 12–113(a), 12–305(a), 12–503(b)(1), 12–603, 12–702, and 10 12–704(1) 11 Annotated Code of Maryland 12 (2013 Replacement Volume and 2023 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Courts and Judicial Proceedings 15 Section 5–106(p) and 8–102(b) 16 Annotated Code of Maryland 17 (2020 Replacement Volume and 2023 Supplement) 18 BY repealing and reenacting, with amendments, 19 Article – Criminal Law 20 Section 2–207(c), 3–209(b), 10–304, and 10–305 21 Annotated Code of Maryland 22 (2021 Replacement Volume and 2023 Supplement) 23 BY repealing and reenacting, with amendments, 24 Article – Education 25 Section 6–104(b), 7–128(c), 23–605(a)(2), and 23–806(a)(3)(iii) 26 Annotated Code of Maryland 27 2 HOUSE BILL 1397 (2022 Replacement Volume and 2023 Supplement) 1 BY repealing and reenacting, with amendments, 2 Article – Health – General 3 Section 19–408(b), 19–710(h), and 19–725(a) 4 Annotated Code of Maryland 5 (2023 Replacement Volume) 6 BY repealing and reenacting, with amendments, 7 Article – Health Occupations 8 Section 14–5F–10(c) and 19–311(15) 9 Annotated Code of Maryland 10 (2021 Replacement Volume and 2023 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Housing and Community Development 13 Section 16–305 14 Annotated Code of Maryland 15 (2019 Replacement Volume and 2023 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Human Services 18 Section 8–707(b)(1)(viii) 19 Annotated Code of Maryland 20 (2019 Replacement Volume and 2023 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Insurance 23 Section 15–112(h)(1) and 27–910(b) 24 Annotated Code of Maryland 25 (2017 Replacement Volume and 2023 Supplement) 26 BY repealing and reenacting, with amendments, 27 Article – Labor and Employment 28 Section 3–304 and 3–307(a)(1) 29 Annotated Code of Maryland 30 (2016 Replacement Volume and 2023 Supplement) 31 BY repealing and reenacting, with amendments, 32 Article – Land Use 33 Section 16–204 and 16–304(b) 34 Annotated Code of Maryland 35 (2012 Volume and 2023 Supplement) 36 BY repealing and reenacting, with amendments, 37 Article – Public Utilities 38 Section 7–507(h)(1) and 18–204 39 HOUSE BILL 1397 3 Annotated Code of Maryland 1 (2020 Replacement Volume and 2023 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – Real Property 4 Section 8A–801(b) 5 Annotated Code of Maryland 6 (2023 Replacement Volume) 7 BY repealing and reenacting, with amendments, 8 Article – State Finance and Procurement 9 Section 13–219(c)(1), 19–101(a), 19–102, 19–103(j)(1), 19–114, and 19–115 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2023 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Tax – Property 14 Section 8–214(a) 15 Annotated Code of Maryland 16 (2019 Replacement Volume and 2023 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – Commercial Law 20 11–102. 21 (e) “Discriminatory boycott” means the entering into or carrying out of any 22 provision, express or implied, of any agreement, understanding or contractual arrangement 23 for economic benefit between any person and any foreign government, foreign person, or 24 international organization, which is not specifically authorized by the law of the United 25 States and which is required or imposed, either directly or indirectly, overtly or covertly, 26 by the foreign government, foreign person, or international organization in order to restrict, 27 condition, prohibit, or interfere with any business relationship on the basis of a domestic 28 individual’s race, color, creed, religion, sex, SEXUAL ORIENTATION, DISABILITY, GENDER 29 IDENTITY, or national origin. Except, that entering into an agreement, understanding or 30 contractual arrangement with respect to the handling or shipping of goods while in 31 international and not intrastate transit or executing and delivering any other document 32 with respect to the handling or shipping of goods while in international and not intrastate 33 transit or carrying out or complying with any provision with respect to the choice of carrier 34 in international and not intrastate transit or the international routing of goods while in 35 international and not intrastate transit contained in any such agreement, understanding, 36 contractual arrangement or other document may not constitute a discriminatory boycott 37 within the meaning of this subtitle. 38 12–113. 39 4 HOUSE BILL 1397 (a) Except as provided in subsection (b) of this section, a lender may not refuse to 1 lend money to any person solely because of: 2 (1) Geographic area or neighborhood; or 3 (2) Race, creed, color, age, sex, SEXUAL ORIENTATION, GENDER 4 IDENTITY, DISABILITY, marital status, handicap, or national origin. 5 12–305. 6 (a) In granting or denying an application for a loan, a licensee may not 7 discriminate against any loan applicant only on the basis of race, color, creed, national 8 origin, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, or 9 age. 10 12–503. 11 (b) (1) A seller or financial institution may not discriminate solely on the basis 12 of RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, 13 geographic area of residence, neighborhood of residence, or age against a buyer who wishes 14 to establish an account. Refusal to establish an account for a buyer who is under the age of 15 18 is not discrimination solely on the basis of age. 16 12–603. 17 A seller or sales finance company may not discriminate against a buyer solely on the 18 basis of the RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital 19 status, geographic area of residence, neighborhood of residence, or age of the buyer. Refusal 20 to grant credit to a buyer who is under the age of 18 is not discrimination solely on the basis 21 of age. 22 12–702. 23 (a) The General Assembly finds that there is a need to insure that the various 24 financial institutions and other persons and firms engaged in the extension of credit 25 exercise their responsibility to make credit available with fairness, impartiality, and 26 without discrimination on the basis of sex or marital status. Economic stabilization would 27 be enhanced, and competition among the various financial institutions and other persons 28 and firms engaged in the extension of credit would be strengthened by an absence of 29 discrimination on the basis of sex, SEXUAL ORIENTATION, GENDER IDENTITY, 30 DISABILITY, marital status, race, color, religion, national origin, or age (provided the 31 applicant has capacity to contract). 32 (b) It is the purpose of this subtitle to require that financial institutions and other 33 persons and firms engaged in the extension of credit do not deny credit on the basis of sex, 34 HOUSE BILL 1397 5 SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, 1 religion, national origin, or age (provided the applicant has capacity to contract). 2 12–704. 3 With respect to any aspect of a credit transaction: 4 (1) A creditor may not discriminate against any applicant on the basis of 5 sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, 6 religion, national origin, or age; 7 Article – Courts and Judicial Proceedings 8 5–106. 9 (p) A prosecution for an offense of discrimination on the basis of sex, SEXUAL 10 ORIENTATION, RELIGIOUS BELIEFS, GENDER IDENTITY, RACE, OR DISABILITY in 11 paying wages under §§ 3–301 through 3–308 of the Labor and Employment Article shall be 12 instituted within 3 years after the performance of the act on which the prosecution is based. 13 8–102. 14 (b) A citizen may not be excluded from jury service due to color, disability, 15 economic status, national origin, race, religion, [or] sex, SEXUAL ORIENTATION, OR 16 GENDER IDENTITY. 17 Article – Criminal Law 18 2–207. 19 (c) The discovery or perception of, or belief about, another person’s race, color, 20 national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR 21 DISABILITY, whether or not accurate, does not constitute legally adequate provocation to 22 mitigate a killing from the crime of murder to manslaughter. 23 3–209. 24 (b) The discovery or perception of, or belief about, another person’s race, color, 25 national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR 26 DISABILITY, whether or not accurate, is not a defense to the crime of assault in any degree. 27 10–304. 28 Motivated either in whole or in substantial part by another person’s or group’s race, 29 color, religious beliefs, sexual orientation, [gender] SEX, gender identity, disability, or 30 national origin, or because another person or group is homeless, a person may not: 31 6 HOUSE BILL 1397 (1) (i) commit a crime or attempt or threaten to commit a crime against 1 that person or group; 2 (ii) deface, damage, or destroy, or attempt or threaten to deface, 3 damage, or destroy the real or personal property of that person or group; 4 (iii) burn or attempt or threaten to burn an object on the real or 5 personal property of that person or group; or 6 (iv) make or cause to be made a false statement, report, or complaint 7 that the person knows to be false as a whole or in material part, to a law enforcement officer 8 of the State, of a county, municipal corporation, or other political subdivision of the State, 9 or of the Maryland–National Capital Park and Planning Police, about that person or group, 10 with the intent to deceive and to cause an investigation or other action to be taken as a 11 result of the statement, report, or complaint, in violation of § 9–501 of this article; or 12 (2) commit a violation of item (1) of this section that: 13 (i) except as provided in item (ii) of this item, involves a separate 14 crime that is a felony; or 15 (ii) results in the death of a victim. 16 10–305. 17 A person may not deface, damage, or destroy, attempt or threaten to deface, damage, 18 or destroy, burn or attempt or threaten to burn an object on, or damage the real or personal 19 property connected to a building that is publicly or privately owned, leased, or used, 20 including a cemetery, library, meeting hall, recreation center, or school: 21 (1) because a person or group of a particular race, color, religious belief, 22 sexual orientation, [gender] SEX, gender identity, disability, or national origin, or because 23 a person or group that is homeless, has contacts or is associated with the building; or 24 (2) if there is evidence that exhibits animosity against a person or group, 25 because of the race, color, religious beliefs, sexual orientation, [gender] SEX, gender 26 identity, disability, or national origin of that person or group or because that person or 27 group is homeless. 28 Article – Education 29 6–104. 30 (b) The State Superintendent, a county board, a county superintendent, or an 31 assistant to any one of these may not make any distinction or discriminate in favor of or 32 against any public school employee of this State because of race, religion, color, ancestry or 33 HOUSE BILL 1397 7 national origin, sex, age, marital status, sexual orientation, GENDER IDENTITY, or 1 disability unrelated in nature and extent so as to reasonably preclude the performance of 2 the employment except, as to sex, if the employment of a certain sex is reasonably necessary 3 because of the nature of the employment. 4 7–128. 5 (c) Each middle and high school shall seek to enroll each student in the next most 6 rigorous subject matter course in accordance with subsection (b) of this section without 7 regard to the student’s race, ethnicity, [gender] SEX, SEXUAL ORIENTATION, GENDER 8 IDENTITY, address, disability status, socioeconomic status, or the language spoken in the 9 student’s home. 10 23–605. 11 (a) (2) An employee organization that submits a petition to the Director under 12 paragraph (1) of this subsection may not discriminate with regard to terms or conditions of 13 membership because of [gender] SEX, DISABILITY, MARITAL STATUS, color, creed, race, 14 national origin, religion, sexual [preference] ORIENTATION, gender identity, or political 15 affiliation. 16 23–806. 17 (a) (3) The petition shall contain: 18 (iii) A statement that the employee organization has no terms or 19 conditions of membership that discriminate with regard to race, color, creed, [gender] SEX, 20 SEXUAL ORIENTATION, GENDER IDENTITY, age, political affiliation, national origin, 21 religion, marital status, or disability; and 22 Article – Health – General 23 19–408. 24 (b) A home health agency may not withhold any home health care services from 25 an individual because of the individual’s age, sex, SEXUAL ORIENTATION, GENDER 26 IDENTITY, DISABILITY, RACE, color, creed, national origin, source of payment, or ability 27 to pay. 28 19–710. 29 (h) (1) The procedures for offering health care services and offering and 30 terminating contracts to subscribers may not discriminate unfairly on the basis of age, sex, 31 SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, race, health, or economic 32 status. [This] 33 8 HOUSE BILL 1397 (2) THE requirement UNDER PARAGRAPH (1) OF THIS SUBSECTION 1 does not prohibit: 2 [(1)] (I) Reasonable underwriting classifications for establishing contract 3 rates; or 4 [(2)] (II) Experience rating. 5 19–725. 6 (a) A health maintenance organization may not cancel the enrollment of a 7 member or refuse to transfer a member from a group to an individual basis because of age, 8 sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, race, or health status. 9 Article – Health Occupations 10 14–5F–10. 11 (c) The Board may not discriminate, in any manner, against any applicant or 12 licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, 13 DISABILITY, or national origin. 14 19–311. 15 Subject to the hearing provisions of § 19–312 of this subtitle, the Board may deny a 16 license to any applicant, fine a licensee, reprimand any licensee, place any licensee on 17 probation, or suspend or revoke a license if the applicant or licensee: 18 (15) Refuses, withholds from, denies, or discriminates against an individual 19 with regard to the provision of professional services on the basis of race, age, [gender] SEX, 20 sexual orientation, GENDER IDENTITY, disability, religion, ethnic origin, or HIV status; 21 Article – Housing and Community Development 22 16–305. 23 (a) An employee organization that is certified or that seeks certification as an 24 exclusive representative shall submit to the labor relations administrator a copy of the 25 employee organization’s constitution and bylaws and any amendment to them. 26 (b) The constitution or bylaws shall include: 27 (1) a pledge that the employee organization accepts members without 28 regard to age, marital status, national origin, race, religion, disabilities, SEX, sexual 29 orientation, or gender IDENTITY; 30 HOUSE BILL 1397 9 (2) the right of members to participate in the affairs of the employee 1 organization; 2 (3) procedures for periodic elections of officers by secret ballot; 3 (4) fair procedures governing disciplinary actions; 4 (5) procedures for the accurate accounting of all income and expenditures; 5 (6) a requirement that a certified annual financial report be produced; and 6 (7) the right of members to inspect the employee organization’s accounts. 7 Article – Human Services 8 8–707. 9 (b) A contract awarded or renewed between an agency and a provider shall 10 require the provider to: 11 (1) post conspicuously a “Residents’ Bill of Rights” in the facility of the 12 provider stating that a resident has a right: 13 (viii) not to be discriminated against on the basis of race, color, 14 religion, national origin, sex, age, marital status, personal appearance, sexual orientation, 15 GENDER IDENTITY, familial status, family responsibilities, matriculation, political 16 affiliation, disability, source of income, or place of residence or business; and 17 Article – Insurance 18 15–112. 19 (h) A carrier may not deny an application for participation or terminate 20 participation on its provider panel on the basis of: 21 (1) [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, 22 religion, national origin, or a protected category under the federal Americans with 23 Disabilities Act; 24 27–910. 25 (b) A health network may not deny health care services to an enrollee on the basis 26 of [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, religion, national 27 origin, or a protected category under the Americans with Disabilities Act. 28 Article – Labor and Employment 29 10 HOUSE BILL 1397 3–304. 1 (a) In this section, “providing less favorable employment opportunities” means: 2 (1) assigning or directing the employee into a less favorable career track, if 3 career tracks are offered, or position; 4 (2) failing to provide information about promotions or advancement in the 5 full range of career tracks offered by the employer; or 6 (3) limiting or depriving an employee of employment opportunities that 7 would otherwise be available to the employee but for the employee’s sex or gender identity. 8 (b) (1) An employer may not discriminate between employees in any 9 occupation by: 10 (i) paying a wage to employees [of one sex or gender identity] at a 11 rate less than the rate paid to OTHER employees [of another sex or gender identity] if 12 [both] THE employees work in the same establishment and perform work of comparable 13 character or work on the same operation, in the same business, or of the same type AND 14 THE PAY DIFFERENCE IS BASED ON THE RACE, RELIGIOUS BELIEFS, SEX, GENDER 15 IDENTITY, OR SEXUAL ORIENTATION OF THE EMPLOYEES; or 16 (ii) providing less favorable employment opportunities based on sex, 17 RACE, RELIGIOUS BELIEFS, SEXUAL ORIENTATION, DISABILITY, or gender identity. 18 (2) For purposes of paragraph (1)(i) of this subsection, an employee shall 19 be deemed to work at the same establishment as another employee if the employees work 20 for the same employer at workplaces located in the same county of the State. 21 (c) Except as provided in subsection (d) of this section, subsection (b) of this 22 section does not prohibit a variation in a wage that is based on: 23 (1) a seniority system that does not discriminate on the basis of sex or 24 gender identity; 25 (2) a merit increase system that does not discriminate on the basis of sex 26 or gender identity; 27 (3) jobs that require different abilities or skills; 28 (4) jobs that require the regular performance of different duties or services; 29 (5) work that is performed on different shifts or at different times of day; 30 (6) a system that measures performance based on a quality or quantity of 31 HOUSE BILL 1397 11 production; or 1 (7) a bona fide factor other than sex or gender identity, including education, 2 training, or experience, in which the factor: 3 (i) is not based on or derived from a gender–based differential in 4 compensation; 5 (ii) is job related with respect to the position and consistent with a 6 business necessity; and 7 (iii) accounts for the entire differential. 8 (d) This section does not preclude an employee from demonstrating that an 9 employer’s reliance on an exception listed in subsection (c) of this section is a pretext for 10 discrimination on the basis of sex [or], SEXUAL ORIENTATION, gender identity, RACE, OR 11 DISABILITY. 12 (e) An employer who is paying a wage in violation of this subtitle may not reduce 13 another wage to comply with this subtitle. 14 3–307. 15 (a) (1) If an employer knew or reasonably should have known that the 16 employer’s action violates § 3–304 of this subtitle, an affected employee may bring an action 17 against the employer for injunctive relief and to recover the difference between the wages 18 paid to employees of one sex [or], SEXUAL ORIENTATION, gender identity, OR RACE, OR 19 WHO HAVE A DISABILITY and the wages paid to employees of another sex [or], SEXUAL 20 ORIENTATION, gender identity, OR RACE, OR WHO DO NOT HAVE A DISABILITY who do 21 the same type work and an additional equal amount as liquidated damages. 22 Article – Land Use 23 16–204. 24 (a) An employee organization that is certified or that seeks certification as an 25 exclusive representative under this subtitle shall submit to the labor relations 26 administrator: 27 (1) a copy of the employee organization’s constitution and bylaws; and 28 (2) any change in the constitution or bylaws. 29 (b) The constitution or bylaws shall include: 30 (1) a pledge that the employee organization accepts members without 31 12 HOUSE BILL 1397 regard to age, marital status, national origin, race, religion, disability, SEX, sexual 1 orientation, or gender IDENTITY; 2 (2) the right of members to participate in the affairs of the employee 3 organization; 4 (3) procedures for periodic elections of officers by secret ballot; 5 (4) fair procedures governing disciplinary actions; 6 (5) procedures for the accurate accounting of income and expenditures; 7 (6) a requirement that a certified annual financial report be produced; and 8 (7) the right of members to inspect the organization’s accounts. 9 16–304. 10 (b) The constitution or bylaws shall include: 11 (1) a pledge that the employee organization accepts members without 12 regard to age, race, [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, religion, 13 marital status, or national origin; 14 (2) the right of members to participate in the affairs of the employee 15 organization; 16 (3) procedures for periodic elections of officers by secret ballot; 17 (4) fair procedures governing disciplinary actions; 18 (5) procedures for the accurate accounting of income and expenditures; 19 (6) a requirement that an annual financial report be produced; and 20 (7) the right of members to inspect the employee organization’s accounts. 21 Article – Public Utilities 22 7–507. 23 (h) (1) An electricity supplier may not discriminate against any customer 24 based wholly or partly on race, color, creed, national origin, GENDER IDENTITY, 25 DISABILITY, SEXUAL ORIENTATION, or sex of an applicant for service or for any arbitrary, 26 capricious, or unfairly discriminatory reason. 27 18–204. 28 HOUSE BILL 1397 13 (a) An employee organization that is certified or that seeks certification as an 1 exclusive representative under this subtitle shall submit to the labor relations 2 administrator: 3 (1) a copy of the employee organization’s constitution and bylaws; and 4 (2) any subsequent change in the employee organization’s constitution or 5 bylaws. 6 (b) The constitution or bylaws shall include: 7 (1) a pledge that the employee organization accept members without 8 regard to age, marital status, national origin, race, religion, disability, sexual orientation, 9 SEX, or gender IDENTITY; 10 (2) the right of members to participate in the affairs of the employee 11 organization; 12 (3) procedures for periodic elections for officers by secret ballot; 13 (4) fair procedures governing disciplinary actions; 14 (5) procedures for the accurate accounting of all income and expenditures; 15 (6) a requirement that an independent annual financial report be 16 produced; and 17 (7) the right of members to inspect the organization’s accounts. 18 Article – Real Property 19 8A–801. 20 (b) A park owner or operator of a mobile home park, or his agent or employee, 21 may not refuse, withhold from, or deny to any person any of the accommodations, 22 advantages, facilities, or privileges of the mobile home park or leases to the premises 23 because of race, creed, color, sex, SEXUAL ORIENTATION, GENDER IDENTITY, or national 24 origin of that person. 25 Article – State Finance and Procurement 26 13–219. 27 (c) The nondiscrimination clause shall: 28 (1) prohibit discrimination in any manner by the contractor against an 29 14 HOUSE BILL 1397 employee or applicant for employment because of sex, SEXUAL ORIENTATION, GENDER 1 IDENTITY, DISABILITY, race, age, color, creed, or national origin; 2 19–101. 3 (a) It is the policy of the State not to enter into a contract with any business entity 4 that has discriminated in the solicitation, selection, hiring, or commercial treatment of 5 vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, 6 religion, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 7 IDENTITY, or on the basis of disability or any otherwise unlawful use of characteristics 8 regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. 9 19–102. 10 It is the intent of the State to avoid becoming a passive participant in private sector 11 commercial discrimination by refusing to procure goods and services from business entities 12 that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, 13 suppliers, subcontractors, or commercial customers on the basis of race, color, religion, 14 ancestry or national origin, sex, age, marital status, GENDER IDENTITY, sexual 15 orientation, or on the basis of disability or other unlawful forms of discrimination by 16 providing a procedure for receiving, investigating, and resolving complaints of 17 discrimination filed against business entities that: 18 (1) have submitted a bid or proposal; or 19 (2) have been selected to engage in, or are engaged in, providing goods or 20 services to the State. 21 19–103. 22 (j) (1) “Discrimination” means any disadvantage, difference, distinction, or 23 preference in the solicitation, selection, hiring, or commercial treatment of a vendor, 24 supplier, subcontractor, or commercial customer on the basis of race, color, religion, 25 ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 26 IDENTITY, or on the basis of disability or any otherwise unlawful use of characteristics 27 regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. 28 19–114. 29 Every contract and subcontract shall contain a nondiscrimination clause that reads 30 as follows: 31 “As a condition of entering into this agreement, the company represents and 32 warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as 33 described under Title 19 of the State Finance and Procurement Article of the Annotated 34 Code of Maryland. As part of such compliance, the company may not discriminate on the 35 HOUSE BILL 1397 15 basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual 1 orientation, GENDER IDENTITY, or on the basis of disability or other unlawful forms of 2 discrimination in the solicitation, selection, hiring, or commercial treatment of 3 subcontractors, vendors, suppliers, or commercial customers, nor shall the company 4 retaliate against any person for reporting instances of such discrimination. The company 5 shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in 6 all of its public sector and private sector subcontracting and supply opportunities, provided 7 that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to 8 remedy the effects of marketplace discrimination that have occurred or are occurring in the 9 marketplace. The company understands and agrees that a material violation of this clause 10 shall be considered a material breach of this agreement and may result in termination of 11 this agreement, disqualification of the company from participating in State contracts, or 12 other sanctions. This clause is not enforceable by or for the benefit of, and creates no 13 obligation to, any third party.”. 14 19–115. 15 All requests for bids or proposals issued for State contracts shall include the 16 following certification to be completed by the bidder: 17 “The undersigned bidder hereby certifies and agrees that the following information 18 is correct: 19 In preparing its bid on this project, the bidder has considered all proposals submitted 20 from qualified, potential subcontractors and suppliers, and has not engaged in 21 “discrimination” as defined in § 19–103 of the State Finance and Procurement Article of the 22 Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or 23 commercial treatment of any subcontractor, vendor, supplier, or commercial customer on 24 the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual 25 orientation, GENDER IDENTITY, or on the basis of disability or other unlawful forms of 26 discrimination. Without limiting the foregoing, “discrimination” also includes retaliating 27 against any person or other entity for reporting any incident of “discrimination”. Without 28 limiting any other provision of the solicitation for bids on this project, it is understood and 29 agreed that, if this certification is false, such false certification will constitute grounds for 30 the State to reject the bid submitted by the bidder on this project, and terminate any 31 contract awarded based on the bid. As part of its bid or proposal, the bidder shall provide 32 to the State a list of all instances within the immediate past 4 years where there has been 33 a final adjudicated determination in a legal or administrative proceeding in the State of 34 Maryland that the bidder discriminated against its subcontractors, vendors, suppliers, or 35 commercial customers, and a description of the status or resolution of that complaint, 36 including any remedial action taken. As a condition of submitting a bid or proposal to the 37 State, the bidder agrees to comply with the State’s Commercial Nondiscrimination Policy 38 as described under Title 19 of the State Finance and Procurement Article of the Annotated 39 Code of Maryland.”. 40 Article – Tax – Property 41 16 HOUSE BILL 1397 8–214. 1 (a) If a country club or golf course that meets the qualifications of § 8–212 of this 2 subtitle allows or practices discrimination based on race, color, creed, sex, SEXUAL 3 ORIENTATION, GENDER IDENTITY, DISABILITY, or national origin in granting 4 membership or guest privileges, the country club or golf course may not make or continue 5 an agreement under this subtitle. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2024. 8

WES MOORE, Governor Ch. 377 – 1 – Chapter 377 (House Bill 1397) AN ACT concerning Human Relations – Discrimination – Protected Characteristics Civil Rights – Discrimination Based on Protected Characteristics and Reproductive Freedom FOR the purpose of altering certain provisions of law prohibiting discrimination based on certain protected characteristics to include prohibitions on discrimination based on sexual orientation, gender identity, race, religious beliefs, marital status, and disability; withdrawing and repealing Chapter 244 of the Acts of the General Assembly of 2023; and generally relating to prohibitions against discrimination based on protected characteristics and reproductive freedom. BY repealing and reenacting, with amendments, Article – Commercial Law Section 11–102(e), 12–113(a), 12–305(a), 12–503(b)(1), 12–603, 12–702, and 12–704(1) Annotated Code of Maryland (2013 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Courts and Judicial Proceedings Section 5–106(p) and 8–102(b) Annotated Code of Maryland (2020 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Criminal Law Section 2–207(c), 3–209(b), 10–304, and 10–305 Annotated Code of Maryland (2021 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Education Section 6–104(b), 7–128(c), 23–605(a)(2), and 23–806(a)(3)(iii) Annotated Code of Maryland (2022 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Health – General Section 19–408(b), 19–710(h), and 19–725(a) Annotated Code of Maryland (2023 Replacement Volume) Ch. 377 2024 LAWS OF MARYLAND – 2 – BY repealing and reenacting, with amendments, Article – Health Occupations Section 14–5F–10(c) and 19–311(15) Annotated Code of Maryland (2021 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Housing and Community Development Section 16–305 Annotated Code of Maryland (2019 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Human Services Section 8–707(b)(1)(viii) Annotated Code of Maryland (2019 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Insurance Section 15–112(h)(1) and 27–910(b) Annotated Code of Maryland (2017 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Labor and Employment Section 3–304 and 3–307(a)(1) Annotated Code of Maryland (2016 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Land Use Section 16–204 and 16–304(b) Annotated Code of Maryland (2012 Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Public Utilities Section 7–507(h)(1) and 18–204 Annotated Code of Maryland (2020 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Real Property Section 8A–801(b) WES MOORE, Governor Ch. 377 – 3 – Annotated Code of Maryland (2023 Replacement Volume) BY repealing and reenacting, with amendments, Article – State Finance and Procurement Section 13–219(c)(1), 19–101(a), 19–102, 19–103(j)(1), 19–114, and 19–115 Annotated Code of Maryland (2021 Replacement Volume and 2023 Supplement) BY repealing and reenacting, with amendments, Article – Tax – Property Section 8–214(a) Annotated Code of Maryland (2019 Replacement Volume and 2023 Supplement) BY withdrawing, recalling, and repealing Chapter 244 of the Acts of the General Assembly of 2023 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Commercial Law 11–102. (e) “Discriminatory boycott” means the entering into or carrying out of any provision, express or implied, of any agreement, understanding or contractual arrangement for economic benefit between any person and any foreign government, foreign person, or international organization, which is not specifically authorized by the law of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by the foreign government, foreign person, or international organization in order to restrict, condition, prohibit, or interfere with any business relationship on the basis of a domestic individual’s race, color, creed, religion, sex, SEXUAL ORIENTATION, DISABILITY, GENDER IDENTITY, or national origin. Except, that entering into an agreement, understanding or contractual arrangement with respect to the handling or shipping of goods while in international and not intrastate transit or executing and delivering any other document with respect to the handling or shipping of goods while in international and not intrastate transit or carrying out or complying with any provision with respect to the choice of carrier in international and not intrastate transit or the international routing of goods while in international and not intrastate transit contained in any such agreement, understanding, contractual arrangement or other document may not constitute a discriminatory boycott within the meaning of this subtitle. 12–113. Ch. 377 2024 LAWS OF MARYLAND – 4 – (a) Except as provided in subsection (b) of this section, a lender may not refuse to lend money to any person solely because of: (1) Geographic area or neighborhood; or (2) Race, creed, color, age, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, handicap, or national origin. 12–305. (a) In granting or denying an application for a loan, a licensee may not discriminate against any loan applicant only on the basis of race, color, creed, national origin, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, or age. 12–503. (b) (1) A seller or financial institution may not discriminate solely on the basis of RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGIOUS BELIEFS, DISABILITY, marital status, geographic area of residence, neighborhood of residence, or age against a buyer who wishes to establish an account. Refusal to establish an account for a buyer who is under the age of 18 is not discrimination solely on the basis of age. 12–603. A seller or sales finance company may not discriminate against a buyer solely on the basis of the RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGIOUS BELIEFS, DISABILITY, marital status, geographic area of residence, neighborhood of residence, or age of the buyer. Refusal to grant credit to a buyer who is under the age of 18 is not discrimination solely on the basis of age. 12–702. (a) The General Assembly finds that there is a need to insure that the various financial institutions and other persons and firms engaged in the extension of credit exercise their responsibility to make credit available with fairness, impartiality, and without discrimination on the basis of sex or marital status. Economic stabilization would be enhanced, and competition among the various financial institutions and other persons and firms engaged in the extension of credit would be strengthened by an absence of discrimination on the basis of sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, religion, national origin, or age (provided the applicant has capacity to contract). (b) It is the purpose of this subtitle to require that financial institutions and other persons and firms engaged in the extension of credit do not deny credit on the basis of sex, WES MOORE, Governor Ch. 377 – 5 – SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, religion, national origin, or age (provided the applicant has capacity to contract). 12–704. With respect to any aspect of a credit transaction: (1) A creditor may not discriminate against any applicant on the basis of sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, religion, national origin, or age; Article – Courts and Judicial Proceedings 5–106. (p) A prosecution for an offense of discrimination on the basis of sex, SEXUAL ORIENTATION, RELIGIOUS BELIEFS, GENDER IDENTITY, RACE, OR DISABILITY in paying wages under §§ 3–301 through 3–308 of the Labor and Employment Article shall be instituted within 3 years after the performance of the act on which the prosecution is based. 8–102. (b) A citizen may not be excluded from jury service due to color, disability, economic status, national origin, race, religion, [or] sex, SEXUAL ORIENTATION, OR GENDER IDENTITY. Article – Criminal Law 2–207. (c) The discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR DISABILITY, whether or not accurate, does not constitute legally adequate provocation to mitigate a killing from the crime of murder to manslaughter. 3–209. (b) The discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR DISABILITY, whether or not accurate, is not a defense to the crime of assault in any degree. 10–304. Motivated either in whole or in substantial part by another person’s or group’s race, color, religious beliefs, sexual orientation, [gender] SEX, gender identity, disability, or national origin, or because another person or group is homeless, a person may not: Ch. 377 2024 LAWS OF MARYLAND – 6 – (1) (i) commit a crime or attempt or threaten to commit a crime against that person or group; (ii) deface, damage, or destroy, or attempt or threaten to deface, damage, or destroy the real or personal property of that person or group; (iii) burn or attempt or threaten to burn an object on the real or personal property of that person or group; or (iv) make or cause to be made a false statement, report, or complaint that the person knows to be false as a whole or in material part, to a law enforcement officer of the State, of a county, municipal corporation, or other political subdivision of the State, or of the Maryland–National Capital Park and Planning Police, about that person or group, with the intent to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint, in violation of § 9–501 of this article; or (2) commit a violation of item (1) of this section that: (i) except as provided in item (ii) of this item, involves a separate crime that is a felony; or (ii) results in the death of a victim. 10–305. A person may not deface, damage, or destroy, attempt or threaten to deface, damage, or destroy, burn or attempt or threaten to burn an object on, or damage the real or personal property connected to a building that is publicly or privately owned, leased, or used, including a cemetery, library, meeting hall, recreation center, or school: (1) because a person or group of a particular race, color, religious belief, sexual orientation, [gender] SEX, gender identity, disability, or national origin, or because a person or group that is homeless, has contacts or is associated with the building; or (2) if there is evidence that exhibits animosity against a person or group, because of the race, color, religious beliefs, sexual orientation, [gender] SEX, gender identity, disability, or national origin of that person or group or because that person or group is homeless. Article – Education 6–104. (b) The State Superintendent, a county board, a county superintendent, or an assistant to any one of these may not make any distinction or discriminate in favor of or WES MOORE, Governor Ch. 377 – 7 – against any public school employee of this State because of race, religion, color, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment except, as to sex, if the employment of a certain sex is reasonably necessary because of the nature of the employment. 7–128. (c) Each middle and high school shall seek to enroll each student in the next most rigorous subject matter course in accordance with subsection (b) of this section without regard to the student’s race, ethnicity, [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGIOUS BELIEFS, address, disability status, socioeconomic status, or the language spoken in the student’s home. 23–605. (a) (2) An employee organization that submits a petition to the Director under paragraph (1) of this subsection may not discriminate with regard to terms or conditions of membership because of [gender] SEX, DISABILITY, MARITAL STATUS, color, creed, race, national origin, religion, sexual [preference] ORIENTATION, gender identity, or political affiliation. 23–806. (a) (3) The petition shall contain: (iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, age, political affiliation, national origin, religion, marital status, or disability; and Article – Health – General 19–408. (b) A home health agency may not withhold any home health care services from an individual because of the individual’s age, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, RACE, color, creed, national origin, source of payment, or ability to pay. 19–710. (h) (1) The procedures for offering health care services and offering and terminating contracts to subscribers may not discriminate unfairly on the basis of age, sex, Ch. 377 2024 LAWS OF MARYLAND – 8 – SEXUAL ORIENTATION, GENDER IDENTITY, RELIGIOUS BELIEFS, DISABILITY, race, health, or economic status. [This] (2) THE requirement UNDER PARAGRAPH (1) OF THIS SUBSECTION does not prohibit: [(1)] (I) Reasonable underwriting classifications for establishing contract rates; or [(2)] (II) Experience rating. 19–725. (a) A health maintenance organization may not cancel the enrollment of a member or refuse to transfer a member from a group to an individual basis because of age, sex, SEXUAL ORIENTATION, GENDER IDENTITY, RELIGIOUS BELIEFS, DISABILITY, race, or health status. Article – Health Occupations 14–5F–10. (c) The Board may not discriminate, in any manner, against any applicant or licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, DISABILITY, or national origin. 19–311. Subject to the hearing provisions of § 19–312 of this subtitle, the Board may deny a license to any applicant, fine a licensee, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee: (15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services on the basis of race, age, [gender] SEX, sexual orientation, GENDER IDENTITY, disability, religion, ethnic origin, or HIV status; Article – Housing and Community Development 16–305. (a) An employee organization that is certified or that seeks certification as an exclusive representative shall submit to the labor relations administrator a copy of the employee organization’s constitution and bylaws and any amendment to them. (b) The constitution or bylaws shall include: WES MOORE, Governor Ch. 377 – 9 – (1) a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, SEX, sexual orientation, or gender IDENTITY; (2) the right of members to participate in the affairs of the employee organization; (3) procedures for periodic elections of officers by secret ballot; (4) fair procedures governing disciplinary actions; (5) procedures for the accurate accounting of all income and expenditures; (6) a requirement that a certified annual financial report be produced; and (7) the right of members to inspect the employee organization’s accounts. Article – Human Services 8–707. (b) A contract awarded or renewed between an agency and a provider shall require the provider to: (1) post conspicuously a “Residents’ Bill of Rights” in the facility of the provider stating that a resident has a right: (viii) not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, GENDER IDENTITY, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business; and Article – Insurance 15–112. (h) A carrier may not deny an application for participation or terminate participation on its provider panel on the basis of: (1) [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, religion, national origin, or a protected category under the federal Americans with Disabilities Act; 27–910. Ch. 377 2024 LAWS OF MARYLAND – 10 – (b) A health network may not deny health care services to an enrollee on the basis of [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, religion, national origin, or a protected category under the Americans with Disabilities Act. Article – Labor and Employment 3–304. (a) In this section, “providing less favorable employment opportunities” means: (1) assigning or directing the employee into a less favorable career track, if career tracks are offered, or position; (2) failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or (3) limiting or depriving an employee of employment opportunities that would otherwise be available to the employee but for the employee’s sex or gender identity. (b) (1) An employer may not discriminate between employees in any occupation by: (i) paying a wage to employees [of one sex or gender identity] at a rate less than the rate paid to OTHER employees [of another sex or gender identity] if [both] THE employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type AND THE PAY DIFFERENCE IS BASED ON THE RACE, RELIGIOUS BELIEFS, SEX, GENDER IDENTITY, OR SEXUAL ORIENTATION OF THE EMPLOYEES; or (ii) providing less favorable employment opportunities based on sex, RACE, RELIGIOUS BELIEFS, SEXUAL ORIENTATION, DISABILITY, or gender identity. (2) For purposes of paragraph (1)(i) of this subsection, an employee shall be deemed to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county of the State. (c) Except as provided in subsection (d) of this section, subsection (b) of this section does not prohibit a variation in a wage that is based on: (1) a seniority system that does not discriminate on the basis of sex or gender identity; (2) a merit increase system that does not discriminate on the basis of sex or gender identity; WES MOORE, Governor Ch. 377 – 11 – (3) jobs that require different abilities or skills; (4) jobs that require the regular performance of different duties or services; (5) work that is performed on different shifts or at different times of day; (6) a system that measures performance based on a quality or quantity of production; or (7) a bona fide factor other than sex or gender identity, including education, training, or experience, in which the factor: (i) is not based on or derived from a gender–based differential in compensation; (ii) is job related with respect to the position and consistent with a business necessity; and (iii) accounts for the entire differential. (d) This section does not preclude an employee from demonstrating that an employer’s reliance on an exception listed in subsection (c) of this section is a pretext for discrimination on the basis of sex [or], SEXUAL ORIENTATION, gender identity, RELIGIOUS BELIEFS, RACE, OR DISABILITY. (e) An employer who is paying a wage in violation of this subtitle may not reduce another wage to comply with this subtitle. 3–307. (a) (1) If an employer knew or reasonably should have known that the employer’s action violates § 3–304 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex [or], SEXUAL ORIENTATION, gender identity, RELIGIOUS BELIEFS, OR RACE, OR WHO HAVE A DISABILITY and the wages paid to employees of another sex [or], SEXUAL ORIENTATION, gender identity, RELIGIOUS BELIEFS, OR RACE, OR WHO DO NOT HAVE A DISABILITY who do the same type work and an additional equal amount as liquidated damages. Article – Land Use 16–204. (a) An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator: Ch. 377 2024 LAWS OF MARYLAND – 12 – (1) a copy of the employee organization’s constitution and bylaws; and (2) any change in the constitution or bylaws. (b) The constitution or bylaws shall include: (1) a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disability, SEX, sexual orientation, or gender IDENTITY; (2) the right of members to participate in the affairs of the employee organization; (3) procedures for periodic elections of officers by secret ballot; (4) fair procedures governing disciplinary actions; (5) procedures for the accurate accounting of income and expenditures; (6) a requirement that a certified annual financial report be produced; and (7) the right of members to inspect the organization’s accounts. 16–304. (b) The constitution or bylaws shall include: (1) a pledge that the employee organization accepts members without regard to age, race, [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, religion, marital status, or national origin; (2) the right of members to participate in the affairs of the employee organization; (3) procedures for periodic elections of officers by secret ballot; (4) fair procedures governing disciplinary actions; (5) procedures for the accurate accounting of income and expenditures; (6) a requirement that an annual financial report be produced; and (7) the right of members to inspect the employee organization’s accounts. Article – Public Utilities WES MOORE, Governor Ch. 377 – 13 – 7–507. (h) (1) An electricity supplier may not discriminate against any customer based wholly or partly on race, color, creed, national origin, GENDER IDENTITY, DISABILITY, SEXUAL ORIENTATION, or sex of an applicant for service or for any arbitrary, capricious, or unfairly discriminatory reason. 18–204. (a) An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator: (1) a copy of the employee organization’s constitution and bylaws; and (2) any subsequent change in the employee organization’s constitution or bylaws. (b) The constitution or bylaws shall include: (1) a pledge that the employee organization accept members without regard to age, marital status, national origin, race, religion, disability, sexual orientation, SEX, or gender IDENTITY; (2) the right of members to participate in the affairs of the employee organization; (3) procedures for periodic elections for officers by secret ballot; (4) fair procedures governing disciplinary actions; (5) procedures for the accurate accounting of all income and expenditures; (6) a requirement that an independent annual financial report be produced; and (7) the right of members to inspect the organization’s accounts. Article – Real Property 8A–801. (b) A park owner or operator of a mobile home park, or his agent or employee, may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the mobile home park or leases to the premises Ch. 377 2024 LAWS OF MARYLAND – 14 – because of race, creed, color, sex, SEXUAL ORIENTATION, GENDER IDENTITY, or national origin of that person. Article – State Finance and Procurement 13–219. (c) The nondiscrimination clause shall: (1) prohibit discrimination in any manner by the contractor against an employee or applicant for employment because of sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, race, age, color, creed, or national origin; 19–101. (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, GENDER IDENTITY, 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. 19–102. 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, GENDER IDENTITY, 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. 19–103. (j) (1) “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER WES MOORE, Governor Ch. 377 – 15 – IDENTITY, 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. 19–114. 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, GENDER IDENTITY, 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.”. 19–115. 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, GENDER IDENTITY, 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 Ch. 377 2024 LAWS OF MARYLAND – 16 – 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.”. Article – Tax – Property 8–214. (a) If a country club or golf course that meets the qualifications of § 8–212 of this subtitle allows or practices discrimination based on race, color, creed, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, or national origin in granting membership or guest privileges, the country club or golf course may not make or continue an agreement under this subtitle. SECTION 2. AND BE IT FURTHER ENACTED, That Chapter 244 of the Acts of the General Assembly of 2023 be and it is hereby withdrawn and recalled for appropriate legislative action. SECTION 3. AND BE IT FURTHER ENACTED, That Chapter 244 of the Acts of the General Assembly of 2023 be and it is hereby repealed. SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take effect October 1, 2024. SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 4 of this Act, this Act is an emergency measure, is necessary for the immediate preservation of the public health or safety, has been passed by a yea and nay vote supported by three–fifths of all the members elected to each of the two Houses of the General Assembly, and shall take effect from the date it is enacted. Approved by the Governor, April 25, 2024.