Title 9. Miscellaneous Executive Agencies — Subtitle 41. Department of Social and Economic Mobility

The head of the Department is the Secretary of Social and Economic Mobility, who shall be appointed by the Governor with the advice and consent of the Senate.

The Secretary serves at the pleasure of the Governor.

the Office of Minority Business Enterprises;

the Office of Small, Minority, and Women Business Affairs; and

the Office of Social Equity.

provide support for units of State government, individuals, and businesses for the maintenance of social equity policies in the State;

monitor trends in social equity programs and policies across the nation;

propose new and innovative approaches to social equity programs;

compile and produce reports and recommendations related to social equity;

ensure the fulfillment of the roles and responsibilities of the entities and social equity programs in the State for which it is the successor;

track the performance of social equity programs and small or disadvantaged business assistance programs;

promote and encourage full participation in the regulated cannabis industry by individuals from communities that have previously been disproportionately impacted by the war on drugs in order to positively impact those communities and other duties assigned to the Office of Social Equity established under this subtitle;

support small or disadvantaged businesses in the State through all duties assigned to the Governor’s Office of Small, Minority, and Women Business Affairs; and

carry out the duties of the Office of Minority Business Enterprises within the Maryland Department of Transportation, including duties assigned to support small or disadvantaged businesses.

connect a person with programs in State, federal, and local government that serve designated populations to ensure the person is connected to programs and other opportunities the person is eligible for;

provide units of State government with assistance related to the purpose of the Department by:

adopt regulations to carry out this subtitle.

the Office of Social Equity; and

the Office of Minority Business Enterprises.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

The Fund consists of:

The Governor shall include in the annual budget bill an appropriation from the Transportation Trust Fund to the Fund equal to the amount necessary to defray the operations and administrative expenses of the Office of Minority Business Enterprises.

the Office of Social Equity; and

the Office of Minority Business Enterprises.

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any interest earnings of the Fund shall be credited to the Fund.

The Governor shall appoint an Executive Director of the Office of Social Equity.

The Executive Director of the Office of Social Equity shall have at least 5 years of experience in civil rights advocacy, civil rights litigation, or another area of social justice.

promote and encourage full participation in the regulated cannabis industry by people from communities that have previously been disproportionately impacted by the war on drugs in order to positively impact those communities;

with the assistance of the Comptroller, oversee the Community Reinvestment and Repair Fund under § 1–3A–03 of the Alcoholic Beverages and Cannabis Article;

consult with and assist the Department of Commerce in the administration of the Cannabis Business Assistance Fund under § 5–1901 of the Economic Development Article;

identify and oppose regulations that unnecessarily burden or undermine the legislative intent of the Office, including regulations that impose undue restrictions or financial requirements;

oversee the appropriation of funds and the training of recipients of funds from the Community Reinvestment and Repair Fund under § 1–3A–03 of the Alcoholic Beverages and Cannabis Article;

provide recommendations to the Maryland Cannabis Administration on regulations related to:

work with the Maryland Cannabis Administration to implement free technical assistance for social equity and minority cannabis business applicants;

produce reports and recommendations on diversity and equity in ownership, management, and employment in the legal cannabis economy; and

assist businesses with obtaining financing through the Capital Access Program under Title 36, Subtitle 14 of the Alcoholic Beverages and Cannabis Article.

“Minority person” means:

“Minority person” includes:

the Secretary of Social and Economic Mobility, who shall serve as chair of the Subcabinet;

the Secretary of Budget and Management, or the Secretary’s designee;

the Secretary of Commerce, or the Secretary’s designee;

the Secretary of General Services, or the Secretary’s designee;

the Secretary of Health, or the Secretary’s designee;

the Secretary of Housing and Community Development, or the Secretary’s designee;

the Secretary of Human Services, or the Secretary’s designee;

the Secretary of Information Technology, or the Secretary’s designee;

the Secretary of Labor, or the Secretary’s designee;

the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

the Secretary of Transportation, or the Secretary’s designee;

the Secretary of Veterans and Military Families, or the Secretary’s Designee;

the Chief Procurement Officer for the State, or the Chief Procurement Officer’s designee;

the Minority Business Enterprise Ombudsman, or the Ombudsman’s designee; and

any other head of a department or agency that is accountable to the Governor, as deemed necessary by the Governor.

meet:

study socioeconomic procurement programs in other states to identify successes and best practices;

develop accountability measures for procurement forecasts, strategic plans, Procurement Review Group processes, and liaison officer accountability;

work with the Office of State Procurement to implement process improvements that directly impact socioeconomic procurement businesses’ ability to fairly compete for and understand State contracting opportunities;

identify and recommend statutory and regulatory reforms to strengthen and improve the State’s socioeconomic procurement programs; and

recommend actions to make improvements to the Small Business Reserve Program, the Minority Business Enterprise Program, and the Veteran Small Business Enterprise Program.

unemployment;

criminal justice;

education; and

health.

assist the procurement officer managing the contract in attempts to resolve disputes between minority business enterprises and prime contractors, including disputes over contract scope and payments;

serve as a resource to minority business enterprise liaisons, procurement officers in units of State government, prime contractors, and minority business enterprises in resolving disputes related to contracts that include a minority business enterprise participation goal; and

conduct trainings for procurement officers in units of State government on enforcement of the requirements of Title 14, Subtitle 3 of the State Finance and Procurement Article, including the assessment of liquidated damages under § 14–303(b)(6) of the State Finance and Procurement Article.

compel prime contractors and minority business enterprises to provide documentation related to contract performance and payments; and

assist the procurement officer managing the contract in ordering any relevant payments to be made in conjunction with a dispute resolution.

Except as provided in paragraph (2) of this subsection, when resolving a dispute under subsection (d) of this section, the Ombudsman may not disclose information received from a unit of State government, prime contractor, or minority business enterprise without the written consent of the party from whom the information was obtained.

The Ombudsman may disclose information received under this section to the assistant Attorney General assigned to the Office.

the activities of the State government that are intended to promote:

each other matter that affects the rights and interests of minority persons, small businesses, and veteran–owned small businesses and the communities in which they live, work, and provide employment opportunities to others; and

provide help to minority persons, small businesses, and veteran–owned small businesses and the communities in which they live, work, and employ others;

represent the Governor in any matter that relates to minority persons, small businesses, and veteran–owned small businesses or generally to the promotion of equality among the people of the State; and

perform any other responsibility that the Governor assigns.

In this section the following words have the meanings indicated.

“Primary procurement unit” has the meaning stated in § 11–101 of the State Finance and Procurement Article.

“Small business” has the meaning stated in § 14–501 of the State Finance and Procurement Article.

identify and increase awareness of procurement opportunities for small businesses for services and supplies; and

assist small businesses with procedures for bidding on a procurement contract or responding to a request for proposals.

a publicly owned business if 1 or more minority persons own at least 51% of the stock of the business; or

any other business if 1 or more minority persons own at least 50% of the business.

carry out each State or federal program that is created to promote the growth of or participation in minority business enterprises;

promote and coordinate training regarding the requirements of the Minority Business Enterprise Program;

promote, coordinate, and participate in the plans, programs, and operations of the State government that promote or otherwise affect the establishment, preservation, and strengthening of minority business enterprises;

promote activities and the use of the resources of the State government, local governments, and private entities for the growth of minority business enterprises;

coordinate the effort of private entities and public agencies to develop minority business enterprises;

establish a system to develop, collect, summarize, and give out information that would help a person to:

establish a mentoring program:

conduct a feasibility study for creating a technical assistance program in the Office that provides one–on–one assistance to minority businesses in submitting competitive and successful bids and proposals for procurement contracts;

provide training and educational opportunities for nonminority prime contractors regarding the duties and responsibilities of a prime contractor with respect to minority businesses; and

subject to the limitations of law and the availability of funds:

to the Governor; and

subject to § 2–1257 of this article, to the General Assembly.

the minority business enterprise participation goal established under § 14–302 of the State Finance and Procurement Article; and

the veteran–owned small business enterprise goal established under § 14–602 of the State Finance and Procurement Article.

minority business enterprise participation goal; and

veteran–owned small business enterprise goal.

The Office shall publish the grades achieved by each unit under this section each year on the Office’s website.

Within 30 days of publishing information on its website in accordance with paragraph (1) of this subsection, the Office shall submit the information published on its website to the General Assembly, in accordance with § 2–1257 of this article.

On or before August 15 each year, each unit shall submit annually the unit’s reconciliation of the prior fiscal year’s procurement forecast to include:

Each unit shall notify the Office within 15 days of any updates to the existing forecast, including:

The Office shall publish the information provided by each unit on the Office’s website.