Maryland 2022 Regular Session

Maryland House Bill HB1047 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1047*
66
77 HOUSE BILL 1047
88 P1 EMERGENCY BILL 2lr0413
99
1010 By: Delegate T. Branch
1111 Introduced and read first time: February 10, 2022
1212 Assigned to: Appropriations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 State Government – Legislative Complex – Authority, Operation, and 2
1919 Maintenance 3
2020
2121 FOR the purpose of establishing that the presiding officers of the General Assembly have 4
2222 full and final authority over the State legislative buildings in the City of Annapolis, 5
2323 including managing daily operations and maintenance; requiring that certain 6
2424 appropriations be transferred to the General Assembly on a certain date; providing 7
2525 for the transfer of certain functions, powers, duties, property, records, fixtures, 8
2626 credits, assets, liability, obligations, rights, and privileges; requiring that certain 9
2727 employees of the Department of General Services be transferred to the General 10
2828 Assembly without diminution of their rights, benefits, employment, or retirement 11
2929 status; requiring that certain positions at the Department be transferred to the 12
3030 General Assembly; providing for the continuity of certain transactions affected by or 13
3131 flowing from this Act; providing for the continuity of certain laws, regulations, 14
3232 standards and guidelines, policies, orders and other directives, forms, plans, 15
3333 membership, contracts, property, investigations, administrative and judicial 16
3434 responsibilities, rights, and other duties and responsibilities; and generally relating 17
3535 to the State legislative complex. 18
3636
3737 BY repealing and reenacting, with amendments, 19
3838 Article – State Finance and Procurement 20
3939 Section 4–601 and 4–605 21
4040 Annotated Code of Maryland 22
4141 (2021 Replacement Volume) 23
4242
4343 BY adding to 24
4444 Article – State Government 25
4545 Section 2–109 26
4646 Annotated Code of Maryland 27
4747 (2021 Replacement Volume) 28
4848 2 HOUSE BILL 1047
4949
5050
5151 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5252 That the Laws of Maryland read as follows: 2
5353
5454 Article – State Finance and Procurement 3
5555
5656 4–601. 4
5757
5858 (a) [Subject to] EXCEPT AS PROVIDED IN subsection (b) of this section, the 5
5959 Department has jurisdiction over and full police authority for the enforcement of the 6
6060 criminal laws and the parking and motor vehicle laws as to the operation, maintenance, 7
6161 and protection of: 8
6262
6363 (1) buildings and grounds that, on June 30, 1984, were administered by the 9
6464 Office of Annapolis Public Buildings and Grounds, and extending to the surrounding area 10
6565 that encompasses 1,000 feet in any direction from the boundary of those buildings and 11
6666 grounds; 12
6767
6868 (2) buildings and grounds that, on June 30, 1984, were administered by the 13
6969 Office of Baltimore Public Buildings and Grounds, and extending to the surrounding area 14
7070 that encompasses 1,000 feet in any direction from the boundary of those buildings and 15
7171 grounds; 16
7272
7373 (3) multiservice centers designated by law or by the Board of Public Works 17
7474 and extending to the surrounding area that encompasses 1,000 feet in any direction from 18
7575 the boundary of those multiservice centers; 19
7676
7777 (4) buildings and grounds that, on June 30, 2019, were administered by the 20
7878 Maryland Department of Labor, and extending to the surrounding area that encompasses 21
7979 1,000 feet in any direction from the boundary of those buildings; 22
8080
8181 (5) State–owned or State–leased buildings and grounds and extending to 23
8282 the surrounding area that encompasses 1,000 feet in any direction from the boundary of 24
8383 those buildings and grounds; and 25
8484
8585 (6) other public improvements or grounds designated by law or by the 26
8686 Board of Public Works. 27
8787
8888 (b) [Consistent with Article 8 of the Maryland Declaration of Rights, with 28
8989 respect] THIS SUBTITLE DOES NO T APPLY to State legislative buildings in the City of 29
9090 Annapolis[, the presiding officers of the General Assembly shall have final authority over 30
9191 the use of and access to the buildings by the members of the General Assembly, their staff, 31
9292 and Department of Legislative Services personnel]. 32
9393
9494 4–605. 33
9595
9696 (a) (1) In accordance with the provisions of the State Personnel and Pensions 34
9797 Article, the Secretary may establish a police and security force, known as the Maryland 35 HOUSE BILL 1047 3
9898
9999
100100 Capitol Police of the Department of General Services, to protect people and property on or 1
101101 about improvements, grounds, and multiservice centers under the jurisdiction of the 2
102102 Department, and in the surrounding areas of the buildings and grounds in the State as 3
103103 described in § 4–601 of this subtitle. 4
104104
105105 (2) (i) The Secretary shall appoint the Chief of the Maryland Capitol 5
106106 Police of the Department of General Services. 6
107107
108108 (ii) The Chief of the Maryland Capitol Police of the Department of 7
109109 General Services serves at the pleasure of the Secretary. 8
110110
111111 (iii) The Chief of the Maryland Capitol Police of the Department of 9
112112 General Services shall supervise and direct the affairs and operations of the Maryland 10
113113 Capitol Police. 11
114114
115115 (3) The Maryland Capitol Police of the Department of General Services 12
116116 may include sworn police officers. 13
117117
118118 (b) A member of the Maryland Capitol Police of the Department of General 14
119119 Services may not be involuntarily transferred from a site to another site. 15
120120
121121 (c) Subject to subsection (d) of this section, a Maryland Capitol Police officer has 16
122122 all the powers granted to a peace officer and a police officer of the State. 17
123123
124124 (d) A Maryland Capitol Police officer may exercise the powers described in 18
125125 subsection (c) of this section within the Department’s jurisdiction as specified in § 4–601 of 19
126126 this subtitle OR AS DESCRIBED UNDE R § 2–109 OF THE STATE GOVERNMENT 20
127127 ARTICLE provided the police officer: 21
128128
129129 (1) meets the legal requirements set forth by the Maryland Police Training 22
130130 and Standards Commission; and 23
131131
132132 (2) is designated by the Department as a police officer. 24
133133
134134 Article – State Government 25
135135
136136 2–109. 26
137137
138138 THE PRESIDING OFFICER S OF THE GENERAL ASSEMBLY SHALL HAVE FULL 27
139139 AND FINAL AUTHORITY OVER THE STATE LEGISLATIVE BUI LDINGS IN THE CITY OF 28
140140 ANNAPOLIS, INCLUDING MANAGING DAILY OPERA TIONS AND MAINTENANC E, 29
141141 INCLUDING: 30
142142
143143 (1) KEEPING A COMPLETE I NVENTORY OF MOVABLE PROPERTY USED 31
144144 IN THE BUILDINGS ; 32
145145 4 HOUSE BILL 1047
146146
147147
148148 (2) SUPERVISING UTILITY AND SANITATI ON SERVICES AND FIRE AND 1
149149 SAFETY SYSTEMS ; 2
150150
151151 (3) SUPERVISING REPAIRS AND OTHER WO RK; 3
152152
153153 (4) LANDSCAPING ; 4
154154
155155 (5) PURCHASING CARPETS, EQUIPMENT, FURNITURE, AND SUPPLIES; 5
156156 AND 6
157157
158158 (6) THE FOLLOWING RESPON SIBILITIES, WHICH SHALL BE 7
159159 CONDUCTED ON BEHALF OF THE PRE SIDING OFFICERS BY THE MARYLAND CAPITOL 8
160160 POLICE OF THE DEPARTMENT OF GENERAL SERVICES IN CONSULTATION WITH THE 9
161161 DEPARTMENT OF STATE POLICE LEGISLATIVE SECURITY SECTION: 10
162162
163163 (I) PROTECTING PERSONS A ND PROPERTY , INCLUDING 11
164164 DISPERSING ANY ASSEM BLAGE THAT IS UNLAWF UL, IS DANGEROUS , OR OBSTRUCTS 12
165165 FREE PASSAGE ; 13
166166
167167 (II) PRESERVING AND PROTE CTING THE PUBLIC PEA CE, 14
168168 HEALTH, AND SAFETY; AND 15
169169
170170 (III) CONTROLLING PEDESTRI AN AND VEHICULAR TRA FFIC, 16
171171 INCLUDING ESTABLISHI NG SPEED LIMITS AND PARKING AND IMPOUNDM ENT 17
172172 REGULATIONS FOR PARK ING GARAGES, ROADS, AND SIDEWALKS THAT A RE ON THE 18
173173 GROUNDS OF THE STATE LEGISLATIVE BUI LDINGS. 19
174174
175175 SECTION 2. AND BE IT FURTHER ENACTED, That, on the effective date of this 20
176176 Act, the following shall be transferred to the General Assembly: 21
177177
178178 (1) all appropriations, including State and federal funds, held by the 22
179179 Department of General Services for the purposes of overseeing the State legislative 23
180180 buildings in the City of Annapolis on the effective date of this Act; and 24
181181
182182 (2) all books and records (including electronic records, real and personal 25
183183 property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and privileges 26
184184 held by the Department of General Services related to overseeing the State legislative 27
185185 buildings in the City of Annapolis on the effective date of this Act. 28
186186
187187 SECTION 3. AND BE IT FURTHER ENACTED, That all employees of the 29
188188 Department of General Services who are assigned more than 50% of the time to a function 30
189189 related to overseeing the State legislative buildings in the City of Annapolis on the effective 31
190190 date of this Act shall be transferred to the General Assembly without diminution of their 32
191191 rights, benefits, employment, or retirement status. 33
192192 HOUSE BILL 1047 5
193193
194194
195195 SECTION 4. AND BE IT FURTHER ENACTED, That all positions of the 1
196196 Department of General Services who are assigned more than 50% of the time to a function 2
197197 related to overseeing the State legislative buildings in the City of Annapolis on the effective 3
198198 date of this Act shall be transferred to the General Assembly. 4
199199
200200 SECTION 5. AND BE IT FURTHER ENACTED, That any transaction affected by 5
201201 the transfer of oversight of the State legislative buildings in the City of Annapolis and 6
202202 validly entered into before the effective date of this Act, and every right, duty, or interest 7
203203 flowing from it remains valid after the effective date of this Act and may be terminated, 8
204204 completed, consummated, or enforced under the law. 9
205205
206206 SECTION 6. AND BE IT FURTHER ENACTED, That all existing laws, regulations, 10
207207 proposed regulations, standards and guidelines, policies, orders and other directives, forms, 11
208208 plans, memberships, contracts, property, investigations, administrative and judicial 12
209209 responsibilities, rights to sue and be sued, and all other duties and responsibilities 13
210210 associated with the oversight of the State legislative buildings in the City of Annapolis prior 14
211211 to the effective date of this Act shall continue and, as appropriate, are legal and binding on 15
212212 the General Assembly until completed, withdrawn, canceled, modified, or otherwise 16
213213 changed under the law. 17
214214
215215 SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency 18
216216 measure, is necessary for the immediate preservation of the public health or safety, has 19
217217 been passed by a yea and nay vote supported by three–fifths of all the members elected to 20
218218 each of the two Houses of the General Assembly, and shall take effect from the date it is 21
219219 enacted. 22