EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1047*
HOUSE BILL 1047
P1 EMERGENCY BILL 2lr0413
By: Delegate T. Branch
Introduced and read first time: February 10, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Government – Legislative Complex – Authority, Operation, and 2
Maintenance 3
FOR the purpose of establishing that the presiding officers of the General Assembly have 4
full and final authority over the State legislative buildings in the City of Annapolis, 5
including managing daily operations and maintenance; requiring that certain 6
appropriations be transferred to the General Assembly on a certain date; providing 7
for the transfer of certain functions, powers, duties, property, records, fixtures, 8
credits, assets, liability, obligations, rights, and privileges; requiring that certain 9
employees of the Department of General Services be transferred to the General 10
Assembly without diminution of their rights, benefits, employment, or retirement 11
status; requiring that certain positions at the Department be transferred to the 12
General Assembly; providing for the continuity of certain transactions affected by or 13
flowing from this Act; providing for the continuity of certain laws, regulations, 14
standards and guidelines, policies, orders and other directives, forms, plans, 15
membership, contracts, property, investigations, administrative and judicial 16
responsibilities, rights, and other duties and responsibilities; and generally relating 17
to the State legislative complex. 18
BY repealing and reenacting, with amendments, 19
Article – State Finance and Procurement 20
Section 4–601 and 4–605 21
Annotated Code of Maryland 22
(2021 Replacement Volume) 23
BY adding to 24
Article – State Government 25
Section 2–109 26
Annotated Code of Maryland 27
(2021 Replacement Volume) 28
2 HOUSE BILL 1047
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Finance and Procurement 3
4–601. 4
(a) [Subject to] EXCEPT AS PROVIDED IN subsection (b) of this section, the 5
Department has jurisdiction over and full police authority for the enforcement of the 6
criminal laws and the parking and motor vehicle laws as to the operation, maintenance, 7
and protection of: 8
(1) buildings and grounds that, on June 30, 1984, were administered by the 9
Office of Annapolis Public Buildings and Grounds, and extending to the surrounding area 10
that encompasses 1,000 feet in any direction from the boundary of those buildings and 11
grounds; 12
(2) buildings and grounds that, on June 30, 1984, were administered by the 13
Office of Baltimore Public Buildings and Grounds, and extending to the surrounding area 14
that encompasses 1,000 feet in any direction from the boundary of those buildings and 15
grounds; 16
(3) multiservice centers designated by law or by the Board of Public Works 17
and extending to the surrounding area that encompasses 1,000 feet in any direction from 18
the boundary of those multiservice centers; 19
(4) buildings and grounds that, on June 30, 2019, were administered by the 20
Maryland Department of Labor, and extending to the surrounding area that encompasses 21
1,000 feet in any direction from the boundary of those buildings; 22
(5) State–owned or State–leased buildings and grounds and extending to 23
the surrounding area that encompasses 1,000 feet in any direction from the boundary of 24
those buildings and grounds; and 25
(6) other public improvements or grounds designated by law or by the 26
Board of Public Works. 27
(b) [Consistent with Article 8 of the Maryland Declaration of Rights, with 28
respect] THIS SUBTITLE DOES NO T APPLY to State legislative buildings in the City of 29
Annapolis[, the presiding officers of the General Assembly shall have final authority over 30
the use of and access to the buildings by the members of the General Assembly, their staff, 31
and Department of Legislative Services personnel]. 32
4–605. 33
(a) (1) In accordance with the provisions of the State Personnel and Pensions 34
Article, the Secretary may establish a police and security force, known as the Maryland 35 HOUSE BILL 1047 3
Capitol Police of the Department of General Services, to protect people and property on or 1
about improvements, grounds, and multiservice centers under the jurisdiction of the 2
Department, and in the surrounding areas of the buildings and grounds in the State as 3
described in § 4–601 of this subtitle. 4
(2) (i) The Secretary shall appoint the Chief of the Maryland Capitol 5
Police of the Department of General Services. 6
(ii) The Chief of the Maryland Capitol Police of the Department of 7
General Services serves at the pleasure of the Secretary. 8
(iii) The Chief of the Maryland Capitol Police of the Department of 9
General Services shall supervise and direct the affairs and operations of the Maryland 10
Capitol Police. 11
(3) The Maryland Capitol Police of the Department of General Services 12
may include sworn police officers. 13
(b) A member of the Maryland Capitol Police of the Department of General 14
Services may not be involuntarily transferred from a site to another site. 15
(c) Subject to subsection (d) of this section, a Maryland Capitol Police officer has 16
all the powers granted to a peace officer and a police officer of the State. 17
(d) A Maryland Capitol Police officer may exercise the powers described in 18
subsection (c) of this section within the Department’s jurisdiction as specified in § 4–601 of 19
this subtitle OR AS DESCRIBED UNDE R § 2–109 OF THE STATE GOVERNMENT 20
ARTICLE provided the police officer: 21
(1) meets the legal requirements set forth by the Maryland Police Training 22
and Standards Commission; and 23
(2) is designated by the Department as a police officer. 24
Article – State Government 25
2–109. 26
THE PRESIDING OFFICER S OF THE GENERAL ASSEMBLY SHALL HAVE FULL 27
AND FINAL AUTHORITY OVER THE STATE LEGISLATIVE BUI LDINGS IN THE CITY OF 28
ANNAPOLIS, INCLUDING MANAGING DAILY OPERA TIONS AND MAINTENANC E, 29
INCLUDING: 30
(1) KEEPING A COMPLETE I NVENTORY OF MOVABLE PROPERTY USED 31
IN THE BUILDINGS ; 32
4 HOUSE BILL 1047
(2) SUPERVISING UTILITY AND SANITATI ON SERVICES AND FIRE AND 1
SAFETY SYSTEMS ; 2
(3) SUPERVISING REPAIRS AND OTHER WO RK; 3
(4) LANDSCAPING ; 4
(5) PURCHASING CARPETS, EQUIPMENT, FURNITURE, AND SUPPLIES; 5
AND 6
(6) THE FOLLOWING RESPON SIBILITIES, WHICH SHALL BE 7
CONDUCTED ON BEHALF OF THE PRE SIDING OFFICERS BY THE MARYLAND CAPITOL 8
POLICE OF THE DEPARTMENT OF GENERAL SERVICES IN CONSULTATION WITH THE 9
DEPARTMENT OF STATE POLICE LEGISLATIVE SECURITY SECTION: 10
(I) PROTECTING PERSONS A ND PROPERTY , INCLUDING 11
DISPERSING ANY ASSEM BLAGE THAT IS UNLAWF UL, IS DANGEROUS , OR OBSTRUCTS 12
FREE PASSAGE ; 13
(II) PRESERVING AND PROTE CTING THE PUBLIC PEA CE, 14
HEALTH, AND SAFETY; AND 15
(III) CONTROLLING PEDESTRI AN AND VEHICULAR TRA FFIC, 16
INCLUDING ESTABLISHI NG SPEED LIMITS AND PARKING AND IMPOUNDM ENT 17
REGULATIONS FOR PARK ING GARAGES, ROADS, AND SIDEWALKS THAT A RE ON THE 18
GROUNDS OF THE STATE LEGISLATIVE BUI LDINGS. 19
SECTION 2. AND BE IT FURTHER ENACTED, That, on the effective date of this 20
Act, the following shall be transferred to the General Assembly: 21
(1) all appropriations, including State and federal funds, held by the 22
Department of General Services for the purposes of overseeing the State legislative 23
buildings in the City of Annapolis on the effective date of this Act; and 24
(2) all books and records (including electronic records, real and personal 25
property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and privileges 26
held by the Department of General Services related to overseeing the State legislative 27
buildings in the City of Annapolis on the effective date of this Act. 28
SECTION 3. AND BE IT FURTHER ENACTED, That all employees of the 29
Department of General Services who are assigned more than 50% of the time to a function 30
related to overseeing the State legislative buildings in the City of Annapolis on the effective 31
date of this Act shall be transferred to the General Assembly without diminution of their 32
rights, benefits, employment, or retirement status. 33
HOUSE BILL 1047 5
SECTION 4. AND BE IT FURTHER ENACTED, That all positions of the 1
Department of General Services who are assigned more than 50% of the time to a function 2
related to overseeing the State legislative buildings in the City of Annapolis on the effective 3
date of this Act shall be transferred to the General Assembly. 4
SECTION 5. AND BE IT FURTHER ENACTED, That any transaction affected by 5
the transfer of oversight of the State legislative buildings in the City of Annapolis and 6
validly entered into before the effective date of this Act, and every right, duty, or interest 7
flowing from it remains valid after the effective date of this Act and may be terminated, 8
completed, consummated, or enforced under the law. 9
SECTION 6. AND BE IT FURTHER ENACTED, That all existing laws, regulations, 10
proposed regulations, standards and guidelines, policies, orders and other directives, forms, 11
plans, memberships, contracts, property, investigations, administrative and judicial 12
responsibilities, rights to sue and be sued, and all other duties and responsibilities 13
associated with the oversight of the State legislative buildings in the City of Annapolis prior 14
to the effective date of this Act shall continue and, as appropriate, are legal and binding on 15
the General Assembly until completed, withdrawn, canceled, modified, or otherwise 16
changed under the law. 17
SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency 18
measure, is necessary for the immediate preservation of the public health or safety, has 19
been passed by a yea and nay vote supported by three–fifths of all the members elected to 20
each of the two Houses of the General Assembly, and shall take effect from the date it is 21
enacted. 22