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