Maryland 2022 Regular Session

Maryland House Bill HB1047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1047
6	6
7	7	HOUSE BILL 1047
8	8	P1 EMERGENCY BILL 2lr0413
9	9
10	10	By: Delegate T. Branch
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Government – Legislative Complex – Authority, Operation, and 2
19	19	Maintenance 3
20	20
21	21	FOR the purpose of establishing that the presiding officers of the General Assembly have 4
22	22	full and final authority over the State legislative buildings in the City of Annapolis, 5
23	23	including managing daily operations and maintenance; requiring that certain 6
24	24	appropriations be transferred to the General Assembly on a certain date; providing 7
25	25	for the transfer of certain functions, powers, duties, property, records, fixtures, 8
26	26	credits, assets, liability, obligations, rights, and privileges; requiring that certain 9
27	27	employees of the Department of General Services be transferred to the General 10
28	28	Assembly without diminution of their rights, benefits, employment, or retirement 11
29	29	status; requiring that certain positions at the Department be transferred to the 12
30	30	General Assembly; providing for the continuity of certain transactions affected by or 13
31	31	flowing from this Act; providing for the continuity of certain laws, regulations, 14
32	32	standards and guidelines, policies, orders and other directives, forms, plans, 15
33	33	membership, contracts, property, investigations, administrative and judicial 16
34	34	responsibilities, rights, and other duties and responsibilities; and generally relating 17
35	35	to the State legislative complex. 18
36	36
37	37	BY repealing and reenacting, with amendments, 19
38	38	Article – State Finance and Procurement 20
39	39	Section 4–601 and 4–605 21
40	40	Annotated Code of Maryland 22
41	41	(2021 Replacement Volume) 23
42	42
43	43	BY adding to 24
44	44	Article – State Government 25
45	45	Section 2–109 26
46	46	Annotated Code of Maryland 27
47	47	(2021 Replacement Volume) 28
48	48	2 HOUSE BILL 1047
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – State Finance and Procurement 3
55	55
56	56	4–601. 4
57	57
58	58	(a) [Subject to] EXCEPT AS PROVIDED IN subsection (b) of this section, the 5
59	59	Department has jurisdiction over and full police authority for the enforcement of the 6
60	60	criminal laws and the parking and motor vehicle laws as to the operation, maintenance, 7
61	61	and protection of: 8
62	62
63	63	(1) buildings and grounds that, on June 30, 1984, were administered by the 9
64	64	Office of Annapolis Public Buildings and Grounds, and extending to the surrounding area 10
65	65	that encompasses 1,000 feet in any direction from the boundary of those buildings and 11
66	66	grounds; 12
67	67
68	68	(2) buildings and grounds that, on June 30, 1984, were administered by the 13
69	69	Office of Baltimore Public Buildings and Grounds, and extending to the surrounding area 14
70	70	that encompasses 1,000 feet in any direction from the boundary of those buildings and 15
71	71	grounds; 16
72	72
73	73	(3) multiservice centers designated by law or by the Board of Public Works 17
74	74	and extending to the surrounding area that encompasses 1,000 feet in any direction from 18
75	75	the boundary of those multiservice centers; 19
76	76
77	77	(4) buildings and grounds that, on June 30, 2019, were administered by the 20
78	78	Maryland Department of Labor, and extending to the surrounding area that encompasses 21
79	79	1,000 feet in any direction from the boundary of those buildings; 22
80	80
81	81	(5) State–owned or State–leased buildings and grounds and extending to 23
82	82	the surrounding area that encompasses 1,000 feet in any direction from the boundary of 24
83	83	those buildings and grounds; and 25
84	84
85	85	(6) other public improvements or grounds designated by law or by the 26
86	86	Board of Public Works. 27
87	87
88	88	(b) [Consistent with Article 8 of the Maryland Declaration of Rights, with 28
89	89	respect] THIS SUBTITLE DOES NO T APPLY to State legislative buildings in the City of 29
90	90	Annapolis[, the presiding officers of the General Assembly shall have final authority over 30
91	91	the use of and access to the buildings by the members of the General Assembly, their staff, 31
92	92	and Department of Legislative Services personnel]. 32
93	93
94	94	4–605. 33
95	95
96	96	(a) (1) In accordance with the provisions of the State Personnel and Pensions 34
97	97	Article, the Secretary may establish a police and security force, known as the Maryland 35 HOUSE BILL 1047 3
98	98
99	99
100	100	Capitol Police of the Department of General Services, to protect people and property on or 1
101	101	about improvements, grounds, and multiservice centers under the jurisdiction of the 2
102	102	Department, and in the surrounding areas of the buildings and grounds in the State as 3
103	103	described in § 4–601 of this subtitle. 4
104	104
105	105	(2) (i) The Secretary shall appoint the Chief of the Maryland Capitol 5
106	106	Police of the Department of General Services. 6
107	107
108	108	(ii) The Chief of the Maryland Capitol Police of the Department of 7
109	109	General Services serves at the pleasure of the Secretary. 8
110	110
111	111	(iii) The Chief of the Maryland Capitol Police of the Department of 9
112	112	General Services shall supervise and direct the affairs and operations of the Maryland 10
113	113	Capitol Police. 11
114	114
115	115	(3) The Maryland Capitol Police of the Department of General Services 12
116	116	may include sworn police officers. 13
117	117
118	118	(b) A member of the Maryland Capitol Police of the Department of General 14
119	119	Services may not be involuntarily transferred from a site to another site. 15
120	120
121	121	(c) Subject to subsection (d) of this section, a Maryland Capitol Police officer has 16
122	122	all the powers granted to a peace officer and a police officer of the State. 17
123	123
124	124	(d) A Maryland Capitol Police officer may exercise the powers described in 18
125	125	subsection (c) of this section within the Department’s jurisdiction as specified in § 4–601 of 19
126	126	this subtitle OR AS DESCRIBED UNDE R § 2–109 OF THE STATE GOVERNMENT 20
127	127	ARTICLE provided the police officer: 21
128	128
129	129	(1) meets the legal requirements set forth by the Maryland Police Training 22
130	130	and Standards Commission; and 23
131	131
132	132	(2) is designated by the Department as a police officer. 24
133	133
134	134	Article – State Government 25
135	135
136	136	2–109. 26
137	137
138	138	THE PRESIDING OFFICER S OF THE GENERAL ASSEMBLY SHALL HAVE FULL 27
139	139	AND FINAL AUTHORITY OVER THE STATE LEGISLATIVE BUI LDINGS IN THE CITY OF 28
140	140	ANNAPOLIS, INCLUDING MANAGING DAILY OPERA TIONS AND MAINTENANC E, 29
141	141	INCLUDING: 30
142	142
143	143	(1) KEEPING A COMPLETE I NVENTORY OF MOVABLE PROPERTY USED 31
144	144	IN THE BUILDINGS ; 32
145	145	4 HOUSE BILL 1047
146	146
147	147
148	148	(2) SUPERVISING UTILITY AND SANITATI ON SERVICES AND FIRE AND 1
149	149	SAFETY SYSTEMS ; 2
150	150
151	151	(3) SUPERVISING REPAIRS AND OTHER WO RK; 3
152	152
153	153	(4) LANDSCAPING ; 4
154	154
155	155	(5) PURCHASING CARPETS, EQUIPMENT, FURNITURE, AND SUPPLIES; 5
156	156	AND 6
157	157
158	158	(6) THE FOLLOWING RESPON SIBILITIES, WHICH SHALL BE 7
159	159	CONDUCTED ON BEHALF OF THE PRE SIDING OFFICERS BY THE MARYLAND CAPITOL 8
160	160	POLICE OF THE DEPARTMENT OF GENERAL SERVICES IN CONSULTATION WITH THE 9
161	161	DEPARTMENT OF STATE POLICE LEGISLATIVE SECURITY SECTION: 10
162	162
163	163	(I) PROTECTING PERSONS A ND PROPERTY , INCLUDING 11
164	164	DISPERSING ANY ASSEM BLAGE THAT IS UNLAWF UL, IS DANGEROUS , OR OBSTRUCTS 12
165	165	FREE PASSAGE ; 13
166	166
167	167	(II) PRESERVING AND PROTE CTING THE PUBLIC PEA CE, 14
168	168	HEALTH, AND SAFETY; AND 15
169	169
170	170	(III) CONTROLLING PEDESTRI AN AND VEHICULAR TRA FFIC, 16
171	171	INCLUDING ESTABLISHI NG SPEED LIMITS AND PARKING AND IMPOUNDM ENT 17
172	172	REGULATIONS FOR PARK ING GARAGES, ROADS, AND SIDEWALKS THAT A RE ON THE 18
173	173	GROUNDS OF THE STATE LEGISLATIVE BUI LDINGS. 19
174	174
175	175	SECTION 2. AND BE IT FURTHER ENACTED, That, on the effective date of this 20
176	176	Act, the following shall be transferred to the General Assembly: 21
177	177
178	178	(1) all appropriations, including State and federal funds, held by the 22
179	179	Department of General Services for the purposes of overseeing the State legislative 23
180	180	buildings in the City of Annapolis on the effective date of this Act; and 24
181	181
182	182	(2) all books and records (including electronic records, real and personal 25
183	183	property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and privileges 26
184	184	held by the Department of General Services related to overseeing the State legislative 27
185	185	buildings in the City of Annapolis on the effective date of this Act. 28
186	186
187	187	SECTION 3. AND BE IT FURTHER ENACTED, That all employees of the 29
188	188	Department of General Services who are assigned more than 50% of the time to a function 30
189	189	related to overseeing the State legislative buildings in the City of Annapolis on the effective 31
190	190	date of this Act shall be transferred to the General Assembly without diminution of their 32
191	191	rights, benefits, employment, or retirement status. 33
192	192	HOUSE BILL 1047 5
193	193
194	194
195	195	SECTION 4. AND BE IT FURTHER ENACTED, That all positions of the 1
196	196	Department of General Services who are assigned more than 50% of the time to a function 2
197	197	related to overseeing the State legislative buildings in the City of Annapolis on the effective 3
198	198	date of this Act shall be transferred to the General Assembly. 4
199	199
200	200	SECTION 5. AND BE IT FURTHER ENACTED, That any transaction affected by 5
201	201	the transfer of oversight of the State legislative buildings in the City of Annapolis and 6
202	202	validly entered into before the effective date of this Act, and every right, duty, or interest 7
203	203	flowing from it remains valid after the effective date of this Act and may be terminated, 8
204	204	completed, consummated, or enforced under the law. 9
205	205
206	206	SECTION 6. AND BE IT FURTHER ENACTED, That all existing laws, regulations, 10
207	207	proposed regulations, standards and guidelines, policies, orders and other directives, forms, 11
208	208	plans, memberships, contracts, property, investigations, administrative and judicial 12
209	209	responsibilities, rights to sue and be sued, and all other duties and responsibilities 13
210	210	associated with the oversight of the State legislative buildings in the City of Annapolis prior 14
211	211	to the effective date of this Act shall continue and, as appropriate, are legal and binding on 15
212	212	the General Assembly until completed, withdrawn, canceled, modified, or otherwise 16
213	213	changed under the law. 17
214	214
215	215	SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency 18
216	216	measure, is necessary for the immediate preservation of the public health or safety, has 19
217	217	been passed by a yea and nay vote supported by three–fifths of all the members elected to 20
218	218	each of the two Houses of the General Assembly, and shall take effect from the date it is 21
219	219	enacted. 22