Text of MD SB 590 (2024)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0590* SENATE BILL 590 D5 4lr1851 CF 4lr2780 By: Senators Lam and Kelly Introduced and read first time: January 26, 2024 Assigned to: Judicial Proceedings and Finance A BILL ENTITLED AN ACT concerning 1 Human Relations – Discrimination – Protected Characteristics 2 (Equal Opportunity for All Marylanders Act) 3 FOR the purpose of altering certain provisions of law prohibiting discrimination based on 4 certain protected characteristics to include prohibitions on discrimination based on 5 sexual orientation, gender identity, race, religious beliefs, marital status, and 6 disability; and generally relating to prohibitions against discrimination based on 7 protected characteristics. 8 BY repealing and reenacting, with amendments, 9 Article – Commercial Law 10 Section 11–102(e), 12–113(a), 12–305(a), 12–503(b)(1), 12–603, 12–702, and 11 12–704(1) 12 Annotated Code of Maryland 13 (2013 Replacement Volume and 2023 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Courts and Judicial Proceedings 16 Section 5–106(p) and 8–102(b) 17 Annotated Code of Maryland 18 (2020 Replacement Volume and 2023 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – Criminal Law 21 Section 2–207(c), 3–209(b), 10–304, and 10–305 22 Annotated Code of Maryland 23 (2021 Replacement Volume and 2023 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article – Education 26 Section 6–104(b), 7–128(c), 23–605(a)(2), and 23–806(a)(3)(iii) 27 2 SENATE BILL 590 Annotated Code of Maryland 1 (2022 Replacement Volume and 2023 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – Health – General 4 Section 19–408(b), 19–710(h), and 19–725(a) 5 Annotated Code of Maryland 6 (2023 Replacement Volume) 7 BY repealing and reenacting, with amendments, 8 Article – Health Occupations 9 Section 14–5F–10(c) and 19–311(15) 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2023 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Housing and Community Development 14 Section 16–305 15 Annotated Code of Maryland 16 (2019 Replacement Volume and 2023 Supplement) 17 BY repealing and reenacting, with amendments, 18 Article – Human Services 19 Section 8–707(b)(1)(viii) 20 Annotated Code of Maryland 21 (2019 Replacement Volume and 2023 Supplement) 22 BY repealing and reenacting, with amendments, 23 Article – Insurance 24 Section 15–112(h)(1) and 27–910(b) 25 Annotated Code of Maryland 26 (2017 Replacement Volume and 2023 Supplement) 27 BY repealing and reenacting, with amendments, 28 Article – Labor and Employment 29 Section 3–304 and 3–307(a)(1) 30 Annotated Code of Maryland 31 (2016 Replacement Volume and 2023 Supplement) 32 BY repealing and reenacting, with amendments, 33 Article – Land Use 34 Section 16–204 and 16–304(b) 35 Annotated Code of Maryland 36 (2012 Volume and 2023 Supplement) 37 BY repealing and reenacting, with amendments, 38 Article – Public Utilities 39 SENATE BILL 590 3 Section 7–507(h)(1) and 18–204 1 Annotated Code of Maryland 2 (2020 Replacement Volume and 2023 Supplement) 3 BY repealing and reenacting, with amendments, 4 Article – Real Property 5 Section 8A–801(b) 6 Annotated Code of Maryland 7 (2023 Replacement Volume) 8 BY repealing and reenacting, with amendments, 9 Article – State Finance and Procurement 10 Section 13–219(c)(1), 19–101(a), 19–102, 19–103(j)(1), 19–114, and 19–115 11 Annotated Code of Maryland 12 (2021 Replacement Volume and 2023 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Tax – Property 15 Section 8–214(a) 16 Annotated Code of Maryland 17 (2019 Replacement Volume and 2023 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Commercial Law 21 11–102. 22 (e) “Discriminatory boycott” means the entering into or carrying out of any 23 provision, express or implied, of any agreement, understanding or contractual arrangement 24 for economic benefit between any person and any foreign government, foreign person, or 25 international organization, which is not specifically authorized by the law of the United 26 States and which is required or imposed, either directly or indirectly, overtly or covertly, 27 by the foreign government, foreign person, or international organization in order to restrict, 28 condition, prohibit, or interfere with any business relationship on the basis of a domestic 29 individual’s race, color, creed, religion, sex, SEXUAL ORIENTATION, DISABILITY, GENDER 30 IDENTITY, or national origin. Except, that entering into an agreement, understanding or 31 contractual arrangement with respect to the handling or shipping of goods while in 32 international and not intrastate transit or executing and delivering any other document 33 with respect to the handling or shipping of goods while in international and not intrastate 34 transit or carrying out or complying with any provision with respect to the choice of carrier 35 in international and not intrastate transit or the international routing of goods while in 36 international and not intrastate transit contained in any such agreement, understanding, 37 contractual arrangement or other document may not constitute a discriminatory boycott 38 within the meaning of this subtitle. 39 4 SENATE BILL 590 12–113. 1 (a) Except as provided in subsection (b) of this section, a lender may not refuse to 2 lend money to any person solely because of: 3 (1) Geographic area or neighborhood; or 4 (2) Race, creed, color, age, sex, SEXUAL ORIENTATION, GENDER 5 IDENTITY, DISABILITY, marital status, handicap, or national origin. 6 12–305. 7 (a) In granting or denying an application for a loan, a licensee may not 8 discriminate against any loan applicant only on the basis of race, color, creed, national 9 origin, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, or 10 age. 11 12–503. 12 (b) (1) A seller or financial institution may not discriminate solely on the basis 13 of RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, 14 geographic area of residence, neighborhood of residence, or age against a buyer who wishes 15 to establish an account. Refusal to establish an account for a buyer who is under the age of 16 18 is not discrimination solely on the basis of age. 17 12–603. 18 A seller or sales finance company may not discriminate against a buyer solely on the 19 basis of the RACE, sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital 20 status, geographic area of residence, neighborhood of residence, or age of the buyer. Refusal 21 to grant credit to a buyer who is under the age of 18 is not discrimination solely on the basis 22 of age. 23 12–702. 24 (a) The General Assembly finds that there is a need to insure that the various 25 financial institutions and other persons and firms engaged in the extension of credit 26 exercise their responsibility to make credit available with fairness, impartiality, and 27 without discrimination on the basis of sex or marital status. Economic stabilization would 28 be enhanced, and competition among the various financial institutions and other persons 29 and firms engaged in the extension of credit would be strengthened by an absence of 30 discrimination on the basis of sex, SEXUAL ORIENTATION, GENDER IDENTITY, 31 DISABILITY, marital status, race, color, religion, national origin, or age (provided the 32 applicant has capacity to contract). 33 SENATE BILL 590 5 (b) It is the purpose of this subtitle to require that financial institutions and other 1 persons and firms engaged in the extension of credit do not deny credit on the basis of sex, 2 SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, 3 religion, national origin, or age (provided the applicant has capacity to contract). 4 12–704. 5 With respect to any aspect of a credit transaction: 6 (1) A creditor may not discriminate against any applicant on the basis of 7 sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, marital status, race, color, 8 religion, national origin, or age; 9 Article – Courts and Judicial Proceedings 10 5–106. 11 (p) A prosecution for an offense of discrimination on the basis of sex, SEXUAL 12 ORIENTATION, RELIGIOUS BELIEFS, GENDER IDENTITY, RACE, OR DISABILITY in 13 paying wages under §§ 3–301 through 3–308 of the Labor and Employment Article shall be 14 instituted within 3 years after the performance of the act on which the prosecution is based. 15 8–102. 16 (b) A citizen may not be excluded from jury service due to color, disability, 17 economic status, national origin, race, religion, [or] sex, SEXUAL ORIENTATION, OR 18 GENDER IDENTITY. 19 Article – Criminal Law 20 2–207. 21 (c) The discovery or perception of, or belief about, another person’s race, color, 22 national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR 23 DISABILITY, whether or not accurate, does not constitute legally adequate provocation to 24 mitigate a killing from the crime of murder to manslaughter. 25 3–209. 26 (b) The discovery or perception of, or belief about, another person’s race, color, 27 national origin, sex, gender identity, [or] sexual orientation, RELIGIOUS BELIEFS, OR 28 DISABILITY, whether or not accurate, is not a defense to the crime of assault in any degree. 29 10–304. 30 6 SENATE BILL 590 Motivated either in whole or in substantial part by another person’s or group’s race, 1 color, religious beliefs, sexual orientation, [gender] SEX, gender identity, disability, or 2 national origin, or because another person or group is homeless, a person may not: 3 (1) (i) commit a crime or attempt or threaten to commit a crime against 4 that person or group; 5 (ii) deface, damage, or destroy, or attempt or threaten to deface, 6 damage, or destroy the real or personal property of that person or group; 7 (iii) burn or attempt or threaten to burn an object on the real or 8 personal property of that person or group; or 9 (iv) make or cause to be made a false statement, report, or complaint 10 that the person knows to be false as a whole or in material part, to a law enforcement officer 11 of the State, of a county, municipal corporation, or other political subdivision of the State, 12 or of the Maryland–National Capital Park and Planning Police, about that person or group, 13 with the intent to deceive and to cause an investigation or other action to be taken as a 14 result of the statement, report, or complaint, in violation of § 9–501 of this article; or 15 (2) commit a violation of item (1) of this section that: 16 (i) except as provided in item (ii) of this item, involves a separate 17 crime that is a felony; or 18 (ii) results in the death of a victim. 19 10–305. 20 A person may not deface, damage, or destroy, attempt or threaten to deface, damage, 21 or destroy, burn or attempt or threaten to burn an object on, or damage the real or personal 22 property connected to a building that is publicly or privately owned, leased, or used, 23 including a cemetery, library, meeting hall, recreation center, or school: 24 (1) because a person or group of a particular race, color, religious belief, 25 sexual orientation, [gender] SEX, gender identity, disability, or national origin, or because 26 a person or group that is homeless, has contacts or is associated with the building; or 27 (2) if there is evidence that exhibits animosity against a person or group, 28 because of the race, color, religious beliefs, sexual orientation, [gender] SEX, gender 29 identity, disability, or national origin of that person or group or because that person or 30 group is homeless. 31 Article – Education 32 6–104. 33 SENATE BILL 590 7 (b) The State Superintendent, a county board, a county superintendent, or an 1 assistant to any one of these may not make any distinction or discriminate in favor of or 2 against any public school employee of this State because of race, religion, color, ancestry or 3 national origin, sex, age, marital status, sexual orientation, GENDER IDENTITY, or 4 disability unrelated in nature and extent so as to reasonably preclude the performance of 5 the employment except, as to sex, if the employment of a certain sex is reasonably necessary 6 because of the nature of the employment. 7 7–128. 8 (c) Each middle and high school shall seek to enroll each student in the next most 9 rigorous subject matter course in accordance with subsection (b) of this section without 10 regard to the student’s race, ethnicity, [gender] SEX, SEXUAL ORIENTATION, GENDER 11 IDENTITY, address, disability status, socioeconomic status, or the language spoken in the 12 student’s home. 13 23–605. 14 (a) (2) An employee organization that submits a petition to the Director under 15 paragraph (1) of this subsection may not discriminate with regard to terms or conditions of 16 membership because of [gender] SEX, DISABILITY, MARITAL STATUS, color, creed, race, 17 national origin, religion, sexual [preference] ORIENTATION, gender identity, or political 18 affiliation. 19 23–806. 20 (a) (3) The petition shall contain: 21 (iii) A statement that the employee organization has no terms or 22 conditions of membership that discriminate with regard to race, color, creed, [gender] SEX, 23 SEXUAL ORIENTATION, GENDER IDENTITY, age, political affiliation, national origin, 24 religion, marital status, or disability; and 25 Article – Health – General 26 19–408. 27 (b) A home health agency may not withhold any home health care services from 28 an individual because of the individual’s age, sex, SEXUAL ORIENTATION, GENDER 29 IDENTITY, DISABILITY, RACE, color, creed, national origin, source of payment, or ability 30 to pay. 31 19–710. 32 (h) (1) The procedures for offering health care services and offering and 33 terminating contracts to subscribers may not discriminate unfairly on the basis of age, sex, 34 8 SENATE BILL 590 SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, race, health, or economic 1 status. [This] 2 (2) THE requirement UNDER PARAGRAPH (1) OF THIS SUBSECTION 3 does not prohibit: 4 [(1)] (I) Reasonable underwriting classifications for establishing contract 5 rates; or 6 [(2)] (II) Experience rating. 7 19–725. 8 (a) A health maintenance organization may not cancel the enrollment of a 9 member or refuse to transfer a member from a group to an individual basis because of age, 10 sex, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, race, or health status. 11 Article – Health Occupations 12 14–5F–10. 13 (c) The Board may not discriminate, in any manner, against any applicant or 14 licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, 15 DISABILITY, or national origin. 16 19–311. 17 Subject to the hearing provisions of § 19–312 of this subtitle, the Board may deny a 18 license to any applicant, fine a licensee, reprimand any licensee, place any licensee on 19 probation, or suspend or revoke a license if the applicant or licensee: 20 (15) Refuses, withholds from, denies, or discriminates against an individual 21 with regard to the provision of professional services on the basis of race, age, [gender] SEX, 22 sexual orientation, GENDER IDENTITY, disability, religion, ethnic origin, or HIV status; 23 Article – Housing and Community Development 24 16–305. 25 (a) An employee organization that is certified or that seeks certification as an 26 exclusive representative shall submit to the labor relations administrator a copy of the 27 employee organization’s constitution and bylaws and any amendment to them. 28 (b) The constitution or bylaws shall include: 29 SENATE BILL 590 9 (1) a pledge that the employee organization accepts members without 1 regard to age, marital status, national origin, race, religion, disabilities, SEX, sexual 2 orientation, or gender IDENTITY; 3 (2) the right of members to participate in the affairs of the employee 4 organization; 5 (3) procedures for periodic elections of officers by secret ballot; 6 (4) fair procedures governing disciplinary actions; 7 (5) procedures for the accurate accounting of all income and expenditures; 8 (6) a requirement that a certified annual financial report be produced; and 9 (7) the right of members to inspect the employee organization’s accounts. 10 Article – Human Services 11 8–707. 12 (b) A contract awarded or renewed between an agency and a provider shall 13 require the provider to: 14 (1) post conspicuously a “Residents’ Bill of Rights” in the facility of the 15 provider stating that a resident has a right: 16 (viii) not to be discriminated against on the basis of race, color, 17 religion, national origin, sex, age, marital status, personal appearance, sexual orientation, 18 GENDER IDENTITY, familial status, family responsibilities, matriculation, political 19 affiliation, disability, source of income, or place of residence or business; and 20 Article – Insurance 21 15–112. 22 (h) A carrier may not deny an application for participation or terminate 23 participation on its provider panel on the basis of: 24 (1) [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, 25 religion, national origin, or a protected category under the federal Americans with 26 Disabilities Act; 27 27–910. 28 10 SENATE BILL 590 (b) A health network may not deny health care services to an enrollee on the basis 1 of [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, race, age, religion, national 2 origin, or a protected category under the Americans with Disabilities Act. 3 Article – Labor and Employment 4 3–304. 5 (a) In this section, “providing less favorable employment opportunities” means: 6 (1) assigning or directing the employee into a less favorable career track, if 7 career tracks are offered, or position; 8 (2) failing to provide information about promotions or advancement in the 9 full range of career tracks offered by the employer; or 10 (3) limiting or depriving an employee of employment opportunities that 11 would otherwise be available to the employee but for the employee’s sex or gender identity. 12 (b) (1) An employer may not discriminate between employees in any 13 occupation by: 14 (i) paying a wage to employees [of one sex or gender identity] at a 15 rate less than the rate paid to OTHER employees [of another sex or gender identity] if 16 [both] THE employees work in the same establishment and perform work of comparable 17 character or work on the same operation, in the same business, or of the same type AND 18 THE PAY DIFFERENCE IS BASED ON THE RACE, RELIGIOUS BELIEFS, SEX, GENDER 19 IDENTITY, OR SEXUAL ORIENTATION OF THE EMPLOYEES; or 20 (ii) providing less favorable employment opportunities based on sex, 21 RACE, RELIGIOUS BELIEFS, SEXUAL ORIENTATION, DISABILITY, or gender identity. 22 (2) For purposes of paragraph (1)(i) of this subsection, an employee shall 23 be deemed to work at the same establishment as another employee if the employees work 24 for the same employer at workplaces located in the same county of the State. 25 (c) Except as provided in subsection (d) of this section, subsection (b) of this 26 section does not prohibit a variation in a wage that is based on: 27 (1) a seniority system that does not discriminate on the basis of sex or 28 gender identity; 29 (2) a merit increase system that does not discriminate on the basis of sex 30 or gender identity; 31 (3) jobs that require different abilities or skills; 32 SENATE BILL 590 11 (4) jobs that require the regular performance of different duties or services; 1 (5) work that is performed on different shifts or at different times of day; 2 (6) a system that measures performance based on a quality or quantity of 3 production; or 4 (7) a bona fide factor other than sex or gender identity, including education, 5 training, or experience, in which the factor: 6 (i) is not based on or derived from a gender–based differential in 7 compensation; 8 (ii) is job related with respect to the position and consistent with a 9 business necessity; and 10 (iii) accounts for the entire differential. 11 (d) This section does not preclude an employee from demonstrating that an 12 employer’s reliance on an exception listed in subsection (c) of this section is a pretext for 13 discrimination on the basis of sex [or], SEXUAL ORIENTATION, gender identity, RACE, OR 14 DISABILITY. 15 (e) An employer who is paying a wage in violation of this subtitle may not reduce 16 another wage to comply with this subtitle. 17 3–307. 18 (a) (1) If an employer knew or reasonably should have known that the 19 employer’s action violates § 3–304 of this subtitle, an affected employee may bring an action 20 against the employer for injunctive relief and to recover the difference between the wages 21 paid to employees of one sex [or], SEXUAL ORIENTATION, gender identity, OR RACE, OR 22 WHO HAVE A DISABILITY and the wages paid to employees of another sex [or], SEXUAL 23 ORIENTATION, gender identity, OR RACE, OR WHO DO NOT HAVE A DISABILITY who do 24 the same type work and an additional equal amount as liquidated damages. 25 Article – Land Use 26 16–204. 27 (a) An employee organization that is certified or that seeks certification as an 28 exclusive representative under this subtitle shall submit to the labor relations 29 administrator: 30 (1) a copy of the employee organization’s constitution and bylaws; and 31 12 SENATE BILL 590 (2) any change in the constitution or bylaws. 1 (b) The constitution or bylaws shall include: 2 (1) a pledge that the employee organization accepts members without 3 regard to age, marital status, national origin, race, religion, disability, SEX, sexual 4 orientation, or gender IDENTITY; 5 (2) the right of members to participate in the affairs of the employee 6 organization; 7 (3) procedures for periodic elections of officers by secret ballot; 8 (4) fair procedures governing disciplinary actions; 9 (5) procedures for the accurate accounting of income and expenditures; 10 (6) a requirement that a certified annual financial report be produced; and 11 (7) the right of members to inspect the organization’s accounts. 12 16–304. 13 (b) The constitution or bylaws shall include: 14 (1) a pledge that the employee organization accepts members without 15 regard to age, race, [gender] SEX, SEXUAL ORIENTATION, GENDER IDENTITY, religion, 16 marital status, or national origin; 17 (2) the right of members to participate in the affairs of the employee 18 organization; 19 (3) procedures for periodic elections of officers by secret ballot; 20 (4) fair procedures governing disciplinary actions; 21 (5) procedures for the accurate accounting of income and expenditures; 22 (6) a requirement that an annual financial report be produced; and 23 (7) the right of members to inspect the employee organization’s accounts. 24 Article – Public Utilities 25 7–507. 26 SENATE BILL 590 13 (h) (1) An electricity supplier may not discriminate against any customer 1 based wholly or partly on race, color, creed, national origin, GENDER IDENTITY, 2 DISABILITY, SEXUAL ORIENTATION, or sex of an applicant for service or for any arbitrary, 3 capricious, or unfairly discriminatory reason. 4 18–204. 5 (a) An employee organization that is certified or that seeks certification as an 6 exclusive representative under this subtitle shall submit to the labor relations 7 administrator: 8 (1) a copy of the employee organization’s constitution and bylaws; and 9 (2) any subsequent change in the employee organization’s constitution or 10 bylaws. 11 (b) The constitution or bylaws shall include: 12 (1) a pledge that the employee organization accept members without 13 regard to age, marital status, national origin, race, religion, disability, sexual orientation, 14 SEX, or gender IDENTITY; 15 (2) the right of members to participate in the affairs of the employee 16 organization; 17 (3) procedures for periodic elections for officers by secret ballot; 18 (4) fair procedures governing disciplinary actions; 19 (5) procedures for the accurate accounting of all income and expenditures; 20 (6) a requirement that an independent annual financial report be 21 produced; and 22 (7) the right of members to inspect the organization’s accounts. 23 Article – Real Property 24 8A–801. 25 (b) A park owner or operator of a mobile home park, or his agent or employee, 26 may not refuse, withhold from, or deny to any person any of the accommodations, 27 advantages, facilities, or privileges of the mobile home park or leases to the premises 28 because of race, creed, color, sex, SEXUAL ORIENTATION, GENDER IDENTITY, or national 29 origin of that person. 30 Article – State Finance and Procurement 31 14 SENATE BILL 590 13–219. 1 (c) The nondiscrimination clause shall: 2 (1) prohibit discrimination in any manner by the contractor against an 3 employee or applicant for employment because of sex, SEXUAL ORIENTATION, GENDER 4 IDENTITY, DISABILITY, race, age, color, creed, or national origin; 5 19–101. 6 (a) It is the policy of the State not to enter into a contract with any business entity 7 that has discriminated in the solicitation, selection, hiring, or commercial treatment of 8 vendors, suppliers, subcontractors, or commercial customers on the basis of race, color, 9 religion, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 10 IDENTITY, or on the basis of disability or any otherwise unlawful use of characteristics 11 regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. 12 19–102. 13 It is the intent of the State to avoid becoming a passive participant in private sector 14 commercial discrimination by refusing to procure goods and services from business entities 15 that discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, 16 suppliers, subcontractors, or commercial customers on the basis of race, color, religion, 17 ancestry or national origin, sex, age, marital status, GENDER IDENTITY, sexual 18 orientation, or on the basis of disability or other unlawful forms of discrimination by 19 providing a procedure for receiving, investigating, and resolving complaints of 20 discrimination filed against business entities that: 21 (1) have submitted a bid or proposal; or 22 (2) have been selected to engage in, or are engaged in, providing goods or 23 services to the State. 24 19–103. 25 (j) (1) “Discrimination” means any disadvantage, difference, distinction, or 26 preference in the solicitation, selection, hiring, or commercial treatment of a vendor, 27 supplier, subcontractor, or commercial customer on the basis of race, color, religion, 28 ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 29 IDENTITY, or on the basis of disability or any otherwise unlawful use of characteristics 30 regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. 31 19–114. 32 SENATE BILL 590 15 Every contract and subcontract shall contain a nondiscrimination clause that reads 1 as follows: 2 “As a condition of entering into this agreement, the company represents and 3 warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as 4 described under Title 19 of the State Finance and Procurement Article of the Annotated 5 Code of Maryland. As part of such compliance, the company may not discriminate on the 6 basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual 7 orientation, GENDER IDENTITY, or on the basis of disability or other unlawful forms of 8 discrimination in the solicitation, selection, hiring, or commercial treatment of 9 subcontractors, vendors, suppliers, or commercial customers, nor shall the company 10 retaliate against any person for reporting instances of such discrimination. The company 11 shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in 12 all of its public sector and private sector subcontracting and supply opportunities, provided 13 that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to 14 remedy the effects of marketplace discrimination that have occurred or are occurring in the 15 marketplace. The company understands and agrees that a material violation of this clause 16 shall be considered a material breach of this agreement and may result in termination of 17 this agreement, disqualification of the company from participating in State contracts, or 18 other sanctions. This clause is not enforceable by or for the benefit of, and creates no 19 obligation to, any third party.”. 20 19–115. 21 All requests for bids or proposals issued for State contracts shall include the 22 following certification to be completed by the bidder: 23 “The undersigned bidder hereby certifies and agrees that the following information 24 is correct: 25 In preparing its bid on this project, the bidder has considered all proposals submitted 26 from qualified, potential subcontractors and suppliers, and has not engaged in 27 “discrimination” as defined in § 19–103 of the State Finance and Procurement Article of the 28 Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or 29 commercial treatment of any subcontractor, vendor, supplier, or commercial customer on 30 the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual 31 orientation, GENDER IDENTITY, or on the basis of disability or other unlawful forms of 32 discrimination. Without limiting the foregoing, “discrimination” also includes retaliating 33 against any person or other entity for reporting any incident of “discrimination”. Without 34 limiting any other provision of the solicitation for bids on this project, it is understood and 35 agreed that, if this certification is false, such false certification will constitute grounds for 36 the State to reject the bid submitted by the bidder on this project, and terminate any 37 contract awarded based on the bid. As part of its bid or proposal, the bidder shall provide 38 to the State a list of all instances within the immediate past 4 years where there has been 39 a final adjudicated determination in a legal or administrative proceeding in the State of 40 Maryland that the bidder discriminated against its subcontractors, vendors, suppliers, or 41 commercial customers, and a description of the status or resolution of that complaint, 42 16 SENATE BILL 590 including any remedial action taken. As a condition of submitting a bid or proposal to the 1 State, the bidder agrees to comply with the State’s Commercial Nondiscrimination Policy 2 as described under Title 19 of the State Finance and Procurement Article of the Annotated 3 Code of Maryland.”. 4 Article – Tax – Property 5 8–214. 6 (a) If a country club or golf course that meets the qualifications of § 8–212 of this 7 subtitle allows or practices discrimination based on race, color, creed, sex, SEXUAL 8 ORIENTATION, GENDER IDENTITY, DISABILITY, or national origin in granting 9 membership or guest privileges, the country club or golf course may not make or continue 10 an agreement under this subtitle. 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2024. 13