Maryland 2022 Regular Session

Maryland House Bill HB458 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 MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0458
6	6
7	7	HOUSE BILL 458
8	8	P4 CONSTITUTIONAL AMENDMENT 2lr1282
9	9	CF 2lr1298
10	10	By: Delegate Korman
11	11	Introduced and read first time: January 20, 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 Personnel – Collective Bargaining – Revisions and Budget Bill 2
19	19	Appropriations 3
20	20
21	21	FOR the purpose of altering the collective bargaining process for State employees, including 4
22	22	by requiring the selection of a neutral arbitrator to oversee all aspects of collective 5
23	23	bargaining, establishing a process of arbitration in the event of impasse, and 6
24	24	providing that certain decisions of a neutral arbitrator are binding; altering the 7
25	25	matters that are required to be included in collective bargaining; requiring that each 8
26	26	budget bill contain the appropriations necessary to implement all terms and 9
27	27	conditions of employment in certain memoranda of understanding for the next 10
28	28	ensuing fiscal year; and generally relating to collective bargaining for State 11
29	29	employees. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – State Finance and Procurement 14
33	33	Section 7–108 15
34	34	Annotated Code of Maryland 16
35	35	(2021 Replacement Volume) 17
36	36
37	37	BY repealing and reenacting, with amendments, 18
38	38	Article – State Personnel and Pensions 19
39	39	Section 3–103, 3–502, and 3–603 20
40	40	Annotated Code of Maryland 21
41	41	(2015 Replacement Volume and 2021 Supplement) 22
42	42
43	43	BY repealing and reenacting, with amendments, 23
44	44	Article – State Personnel and Pensions 24
45	45	Section 3–501 25
46	46	Annotated Code of Maryland 26
47	47	(2015 Replacement Volume and 2021 Supplement) 27 2 HOUSE BILL 458
48	48
49	49
50	50	(As enacted by Chapter 1 of the Acts of the General Assembly of the 2021 Special 1
51	51	Session) 2
52	52
53	53	BY adding to 3
54	54	Article – State Personnel and Pensions 4
55	55	Section 3–503 5
56	56	Annotated Code of Maryland 6
57	57	(2015 Replacement Volume and 2021 Supplement) 7
58	58
59	59	BY proposing an amendment to the Maryland Constitution 8
60	60	Article III – Legislative Department 9
61	61	Section 52 10
62	62
63	63	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64	64	That the Laws of Maryland read as follows: 12
65	65
66	66	Article – State Finance and Procurement 13
67	67
68	68	7–108. 14
69	69
70	70	(a) In accordance with the Maryland Constitution and other law, the Governor 15
71	71	shall include in each budget bill: 16
72	72
73	73	(1) an appropriation to pay the principal of and interest on the State debt; 17
74	74
75	75	(2) without revision, the appropriations requested for public schools, as 18
76	76	certified by the State Superintendent of Schools; 19
77	77
78	78	(3) without revision, the appropriations requested for the Legislative 20
79	79	Branch of the State government, as certified by the presiding officers of the General 21
80	80	Assembly; 22
81	81
82	82	(4) without revision, the appropriations requested for the Judicial Branch 23
83	83	of the State government, as certified by the Chief Judge of the Court of Appeals; 24
84	84
85	85	(5) the appropriations requested by the Governor for the Executive Branch 25
86	86	of the State government; 26
87	87
88	88	(6) the appropriations required by law to be included with the 27
89	89	appropriations for the Executive Branch; 28
90	90
91	91	(7) appropriations for the salaries required by law to be paid by the State; 29
92	92	and 30
93	93
94	94	(8) any other appropriations required by the Maryland Constitution or 31
95	95	other law to be included in the budget bill. 32
96	96	HOUSE BILL 458 3
97	97
98	98
99	99	(b) The Governor shall use the current salary plan of the Secretary of Budget and 1
100	100	Management as the basis for the appropriations to pay those salaries to which the plan 2
101	101	applies. 3
102	102
103	103	(C) IN ADDITION TO THE AP PROPRIATIONS REQUIRE D IN SUBSECTION (A) 4
104	104	OF THIS SECTION, THE GOVERNOR SHALL INCLUD E IN EACH ANNUAL BUDGET BILL 5
105	105	THE APPROPRIATIONS N ECESSARY TO IMPLEMEN T AND FUND ALL TERMS WITHIN 6
106	106	EACH MEMORANDUM OF U NDERSTANDING BETWEEN : 7
107	107
108	108	(1) THE STATE AND THE EXCLUSI VE REPRESENTATIVES O F STATE 8
109	109	EMPLOYEES; 9
110	110
111	111	(2) STATE INSTITUTIONS OF HIGHER EDUCATION AND EACH 10
112	112	EXCLUSIVE REPRESENTA TIVE OF THEIR EMPLOY EES; AND 11
113	113
114	114	(3) THE MARYLAND ENVIRONMENTAL SERVICE AND THE EXCLUSIVE 12
115	115	REPRESENTATIVE OF IT S EMPLOYEES. 13
116	116
117	117	Article – State Personnel and Pensions 14
118	118
119	119	3–103. 15
120	120
121	121	This title and any agreement under this title do not limit or otherwise interfere with 16
122	122	the powers of the Governor or the Maryland General Assembly [under], EXCEPT TO 17
123	123	OPERATE IN ACCORDANCE WITH , AND HAVE THE EFFECT REQUIRED BY, Article III, § 18
124	124	52 of the Maryland Constitution. 19
125	125
126	126	3–501. 20
127	127
128	128	(a) (1) The following individuals or entities shall designate one or more 21
129	129	representatives to participate as a party in collective bargaining on behalf of the State or 22
130	130	the following institutions: 23
131	131
132	132	(i) on behalf of the State, the Governor; 24
133	133
134	134	(ii) on behalf of the Maryland Environmental Service, the Board of 25
135	135	Directors of the Service; 26
136	136
137	137	(iii) on behalf of the University System of Maryland, the Chancellor; 27
138	138	and 28
139	139
140	140	(iv) on behalf of Morgan State University, St. Mary’s College of 29
141	141	Maryland, or Baltimore City Community College, the governing board of the institution. 30
142	142	4 HOUSE BILL 458
143	143
144	144
145	145	(2) The exclusive representative shall designate one or more 1
146	146	representatives to participate as a party in collective bargaining on behalf of the exclusive 2
147	147	representative. 3
148	148
149	149	(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 4
150	150	parties shall meet at reasonable times [and] BETWEEN JULY 1 AND SEPTEMBER 30 TO 5
151	151	engage in collective bargaining in good faith[, including facilitating the meaningful use of 6
152	152	a fact finder under subsection (c)(3) of this section, and] to conclude a written memorandum 7
153	153	of understanding or other written understanding as defined under § 3–101(d)(1)(ii) of this 8
154	154	title. 9
155	155
156	156	(2) (I) FOR EACH BARGAINING U NIT, WHENEVER A MEMORANDU M 10
157	157	OF UNDERSTANDING IS TO BE NEGOTIATED , REOPENED, OR AMENDED , THE PARTIES 11
158	158	SHALL FIRST SELECT A NEUTRAL ARBITRATOR T O SERVE AS A PROCTOR FOR THE 12
159	159	NEGOTIATIONS ON OR BEFORE JULY 15. 13
160	160
161	161	(II) THE ARBITRATOR SHALL BE SELECTED FROM A L IST OF 15 14
162	162	ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION’S LABOR 15
163	163	ARBITRATION PANEL. 16
164	164
165	165	(III) THE LIST SHALL CONSIS T OF QUALIFIED, NATIONWIDE 17
166	166	ARBITRATORS WHO ARE MEMBERS OF THE NATIONAL ACADEMY OF ARBITRATION. 18
167	167
168	168	(IV) THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 19
169	169	ALTERNATELY STRIKING NAMES FROM THE LIST UNTIL ONE NAME REMAI NS. 20
170	170
171	171	(V) THE SELECTED ARBITRATOR MUST BE A BLE AND 21
172	172	AVAILABLE TO PERFORM THE DUTIES AND TO HO LD HEARINGS, BOTH IN PERSON 22
173	173	AND THROUGH REMOTE C OMMUNICATION , CONSISTENT WITH THIS TITLE. 23
174	174
175	175	(VI) THE ARBITRATOR SHALL HAVE THE POWERS AND 24
176	176	RESPONSIBILITIES UND ER § 3–503 OF THIS SUBTITLE. 25
177	177
178	178	(VII) THE SELECTED ARBITRAT OR SHALL ACCEPT THE 26
179	179	APPOINTMENT BEFORE JULY 15, OR THE PARTIES MAY A GREE TO MAKE AN 27
180	180	ALTERNATIVE APPOINTM ENT FROM: 28
181	181
182	182	1. THE LIST ORIGINALLY PROVIDED BY THE AMERICAN 29
183	183	ARBITRATION ASSOCIATION; OR 30
184	184
185	185	2. A LIST OF NATIONWIDE A RBITRATORS PROVIDED BY 31
186	186	THE FEDERAL MEDIATION AND CONCILIATION SERVICE. 32
187	187	HOUSE BILL 458 5
188	188
189	189
190	190	(3) THE PARTIES SHALL MAK E A REASONABLE EFFOR T TO BEGIN 1
191	191	NEGOTIATIONS ON OR N EAR JULY 1, INCLUDING THE EXCHAN GE OF INFORMATION 2
192	192	NECESSARY TO RESPONS IBLY CONDUCT AND CONCLUDE NEGOTIATION S BY 3
193	193	SEPTEMBER 30. 4
194	194
195	195	(c) [(1) The parties shall make every reasonable effort to conclude negotiations 5
196	196	in a timely manner for inclusion by the principal unit in its budget request to the Governor. 6
197	197
198	198	(2) (i) The parties shall conclude negotiations before January 1 for any 7
199	199	item requiring an appropriation of funds for the fiscal year that begins on the following 8
200	200	July 1. 9
201	201
202	202	(ii) In the budget bill submitted to the General Assembly, the 10
203	203	Governor shall include any amounts in the budgets of the principal units required to 11
204	204	accommodate any additional cost resulting from the negotiations, including the actuarial 12
205	205	impact of any legislative changes to any of the State pension or retirement systems that 13
206	206	are required, as a result of the negotiations, for the fiscal year beginning the following July 14
207	207	1 if the legislative changes have been negotiated to become effective in that fiscal year. 15
208	208
209	209	(3) (i) If the parties do not conclude negotiations for the next fiscal year 16
210	210	before October 25, either party may request that a fact finder be employed to resolve the 17
211	211	issues. 18
212	212
213	213	(ii) The fact finder shall be employed no later than November 1. 19
214	214
215	215	(iii) A fact finder shall be a neutral party appointed by alternate 20
216	216	striking from a list by the parties provided: 21
217	217
218	218	1. by the Federal Mediation and Conciliation Service; or 22
219	219
220	220	2. under the Labor Arbitration Rules of the American 23
221	221	Arbitration Association. 24
222	222
223	223	(iv) The fact finder: 25
224	224
225	225	1. may give notice and hold hearings in accordance with the 26
226	226	Administrative Procedure Act; 27
227	227
228	228	2. may administer oaths and take testimony and other 28
229	229	evidence; 29
230	230
231	231	3. may issue subpoenas; and 30
232	232
233	233	4. before November 20, shall make written recommendations 31
234	234	regarding wages, hours, and working conditions, and any other terms or conditions of 32
235	235	employment that may be in dispute. 33
236	236	6 HOUSE BILL 458
237	237
238	238
239	239	(v) The written recommendations of the fact finder shall be delivered 1
240	240	to the Governor, the exclusive representative, the President of the Senate, and the Speaker 2
241	241	of the House of Delegates by the Secretary on or before December 1. 3
242	242
243	243	(d)] (1) A memorandum of understanding [that incorporates all matters of 4
244	244	agreement reached by the parties] REACHED BY MUTUAL AG REEMENT shall be executed 5
245	245	by the exclusive representative and: 6
246	246
247	247	(i) for a memorandum of understanding relating to the State, the 7
248	248	Governor or the Governor’s designee; 8
249	249
250	250	(ii) for a memorandum of understanding relating to the Maryland 9
251	251	Environmental Service, the Board of Directors of the Service; 10
252	252
253	253	(iii) for a memorandum of understanding relating to a system 11
254	254	institution, the Chancellor or the Chancellor’s designee; and 12
255	255
256	256	(iv) for a memorandum of understanding relating to Morgan State 13
257	257	University, St. Mary’s College of Maryland, or Baltimore City Community College, the 14
258	258	governing board of the institution or the governing board’s designee. 15
259	259
260	260	(2) To the extent [these] matters INCORPORATED IN A ME MORANDUM 16
261	261	OF UNDERSTANDING require legislative approval or the appropriation of funds, the 17
262	262	matters shall be [recommended] REFERRED to the General Assembly for approval or for 18
263	263	the appropriation of funds AS REQUIRED UNDER ARTICLE III, § 52 OF THE MARYLAND 19
264	264	CONSTITUTION . 20
265	265
266	266	(3) To the extent matters involving a State institution of higher education 21
267	267	require legislative approval, the legislation shall be [recommended] REFERRED to the 22
268	268	Governor [for submission to] AND the General Assembly. 23
269	269
270	270	[(e)] (D) Negotiations for a memorandum of understanding shall be considered 24
271	271	closed sessions under § 3–305 of the General Provisions Article. 25
272	272
273	273	[(f)] (E) (1) The terms of a memorandum of understanding executed by the 26
274	274	Governor or the Governor’s designee and an exclusive representative of a bargaining unit 27
275	275	for skilled service or professional service employees in the State Personnel Management 28
276	276	System are not applicable to employees of a State institution of higher education. 29
277	277
278	278	(2) The terms of a memorandum of understanding executed by the 30
279	279	Chancellor or the governing board of Morgan State University, St. Mary’s College of 31
280	280	Maryland, or Baltimore City Community College, or their respective designees, and the 32
281	281	exclusive representative of a bargaining unit for employees of a State institution of higher 33
282	282	education are not applicable to skilled service or professional service employees in the State 34
283	283	Personnel Management System. 35
284	284	HOUSE BILL 458 7
285	285
286	286
287	287	3–502. 1
288	288
289	289	(a) Collective bargaining shall include all matters relating to: 2
290	290
291	291	(1) wages, hours, FRINGE BENEFITS , HEALTH BENEFITS , PENSION 3
292	292	BENEFITS, and other terms and conditions of employment; and 4
293	293
294	294	(2) the time and manner of access to a new employee program as required 5
295	295	under § 3–307 of this title. 6
296	296
297	297	(b) [(1) Collective bargaining may include negotiations relating to the right of 7
298	298	an employee organization to receive service fees from nonmembers. 8
299	299
300	300	(2) An employee whose religious beliefs are opposed to joining or financially 9
301	301	supporting any collective bargaining organization is: 10
302	302
303	303	(i) not required to pay a service fee; and 11
304	304
305	305	(ii) required to pay an amount of money as determined in collective 12
306	306	bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 13
307	307	this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 14
308	308	the Internal Revenue Code and to furnish written proof of the payment to: 15
309	309
310	310	1. A. the Department; 16
311	311
312	312	B. in the case of an employee of the Maryland Environmental 17
313	313	Service, the Board of Directors of the Service; or 18
314	314
315	315	C. in the case of an employee of an institution of higher 19
316	316	education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 20
317	317	President’s designee; and 21
318	318
319	319	2. the exclusive representative. 22
320	320
321	321	(c)] Notwithstanding subsection (a) of this section, the representatives of the 23
322	322	State, the Maryland Environmental Service, a system institution, Morgan State 24
323	323	University, St. Mary’s College of Maryland, and Baltimore City Community College: 25
324	324
325	325	(1) [shall] MAY not be required to negotiate over any matter that is 26
326	326	inconsistent with applicable law; and 27
327	327
328	328	(2) may negotiate and reach agreement with regard to any such matter 28
329	329	THAT IS INCONSISTENT WITH APPLICABLE LAW only if it is understood that, WITH 29
330	330	RESPECT TO THE MATTER, the agreement [with respect to such matter] OR 30
331	331	MEMORANDUM OF UNDERS TANDING cannot become effective unless the applicable law 31
332	332	is amended by the General Assembly. 32 8 HOUSE BILL 458
333	333
334	334
335	335
336	336	3–503. 1
337	337
338	338	(A) (1) A NEUTRAL ARBITRATOR S ELECTED UNDER § 3–501(B) OF THIS 2
339	339	SUBTITLE: 3
340	340
341	341	(I) SHALL HEAR AND RESOLVE ANY DISPUTE BETWEEN THE 4
342	342	PARTIES REGARDING TH E CONDUCT OF NEGOTIA TIONS, INCLUDING WHETHER THE 5
343	343	CONDUCT OF A PARTY I S IN GOOD FAITH; 6
344	344
345	345	(II) MAY RECEIVE FROM THE PARTIES COPIES OF IN FORMATION 7
346	346	REQUESTS PRESENTED A ND RESPONSES RECEIVED , TO RESOLVE DISPUTES OVER 8
347	347	THE TIMELINESS AND S UFFICIENCY OF INFORM ATION DEMANDS AND PR ODUCTION; 9
348	348
349	349	(III) MAY ISSUE REMEDIAL O RDERS TO RESOLVE DISPUTES OVER 10
350	350	REQUESTS FOR INFORMA TION OR PROMOTE BARG AINING IN GOOD FAITH 11
351	351	CONSISTENT WITH THIS TITLE; 12
352	352
353	353	(IV) UNDER CONDITIONS DETERMINED TO BE APPROPRIATE BY 13
354	354	THE NEUTRAL ARBITRAT OR, MAY COMPEL PRODUCTIO N OF ESTIMATES OF 14
355	355	REVENUES AND EXPENDI TURES COMPILED BY THE STATE BOARD OF REVENUE 15
356	356	ESTIMATES, THE BUREAU OF REVENUE ESTIMATES, OR THE CONSENSUS REVENUE 16
357	357	MONITORING AND FORECASTING GROUP; AND 17
358	358
359	359	(V) MAY: 18
360	360
361	361	1. CALL AND CONDUCT MEE TINGS AND HEARINGS ; 19
362	362
363	363	2. DETERMINE WHETHER IT IS APPROPRIATE TO 20
364	364	CONDUCT MEETINGS OR HEARINGS IN PERSON , OR VIRTUALLY BY ELEC TRONIC 21
365	365	MEANS OF REMOTE COMM UNICATION; 22
366	366
367	367	3. ISSUE SUBPOENAS TO COMPEL: 23
368	368
369	369	A. THE PRODUCTION OF DO CUMENTS AND OTHER 24
370	370	EVIDENCE; AND 25
371	371
372	372	B. ATTENDANCE AND TESTI MONY BY WITNESSES ; 26
373	373
374	374	4. RECEIVE EVIDENCE DIR ECTLY OR BY SWORN 27
375	375	DEPOSITION; 28
376	376
377	377	5. MAKE FINDINGS OF FAC T; 29 HOUSE BILL 458 9
378	378
379	379
380	380
381	381	6. REACH AND ISSUE CONCLUSIONS OF LAW O VER ANY 1
382	382	DISPUTED NEGOTIATION ISSUE THAT MAY ARISE BETWEEN THE PARTIES ; AND 2
383	383
384	384	7. ISSUE FINAL, SELF–EXECUTING ORDERS . 3
385	385
386	386	(2) THE FINAL WRITTEN ORD ER ISSUED BY THE NEU TRAL 4
387	387	ARBITRATOR SHALL BE FINAL AND BINDING AN D SELF–EXECUTING ON THE PARTIES 5
388	388	AND THE GOVERNOR. 6
389	389
390	390	(B) (1) IF AN IMPASSE IS DECLAR ED ON OR AFTER OCTOBER 1, 7
391	391	ARBITRATION SHALL PR OCEED AS DESCRIBED IN THIS SU BSECTION. 8
392	392
393	393	(2) (I) ON THE FIFTH BUSINESS DAY AFTER THE IMPASS E IS 9
394	394	DECLARED, EACH PARTY SHALL SUB MIT TO THE NEUTRAL A RBITRATOR, IN WRITING 10
395	395	AND WITH A COPY TO THE OTHER PA RTY, A LAST, BEST, AND FINAL OFFER , 11
396	396	INCLUDING: 12
397	397
398	398	1. ALL PROVISIONS IN TH E EXISTING MEMORANDU M OF 13
399	399	UNDERSTANDING NOT TO BE MODIFIED; 14
400	400
401	401	2. ALL NEW, AMENDED, OR MODIFIED MEMORANDU M OF 15
402	402	UNDERSTANDING PROVIS IONS AGREED TO BY TH E PARTIES BEFORE THE IMPASSE 16
403	403	WAS DECLARED THAT ARE TO BE INCLU DED THROUGH WRITTEN MUTUAL 17
404	404	AGREEMENT ; AND 18
405	405
406	406	3. SUBJECT TO SUBPARAGR APH (II) OF THIS 19
407	407	PARAGRAPH , DETAILED FURTHER PRO VISIONS THAT A PARTY IS PROP OSING FOR 20
408	408	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 21
409	409
410	410	(II) FURTHER PROVISIONS AR E LIMITED TO SPECIFI C 22
411	411	PROPOSALS THAT WERE SUBMITTED IN WRITING TO THE OT HER PARTY AND WERE 23
412	412	THE SUBJECT OF COLLE CTIVE BARGAINING BET WEEN THE PARTIES UP TO THE TIME 24
413	413	OF IMPASSE, INCLUDING PROPOSALS THAT THE PARTIES HAV E DECIDED TO 25
414	414	INCLUDE IN THE MEMOR ANDUM OF UNDERSTANDI NG THROUGH WRITTEN M UTUAL 26
415	415	AGREEMENT . 27
416	416
417	417	(3) THE NEUTRAL ARBITRATO R ACTING AS A MEDIAT OR SHALL 28
418	418	ATTEMPT TO RESOLVE T HE IMPASSE BEFORE A FORMAL HEARING ON THE IMPAS SE. 29
419	419
420	420	(4) (I) WITHIN 30 CALENDAR DAYS AFTER A DECLARED IMPASSE , 30
421	421	THE NEUTRAL ARBITRAT OR SHALL HOLD A FORMAL HEARING AT WHICH THE 31 10 HOUSE BILL 458
422	422
423	423
424	424	PARTIES MAY SUBMIT , IN WRITING OR ORAL T ESTIMONY, ALL INFORMATION OR 1
425	425	DATA SUPPORTING THE FINAL POSITIONS. 2
426	426
427	427	(II) ABSENT MUTUAL AGREEME NT BETWEEN THE PARTI ES, OR 3
428	428	AS OTHERWISE ORDERED BY THE NEUTRAL ARBIT RATOR, THE FORMAL HEARING 4
429	429	SHALL CONCLUDE WITHI N 45 CALENDAR DAYS AFTER THE IMPASSE DATE . 5
430	430
431	431	(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 6
432	432	PARAGRAPH , THE ARBITRATION SHALL CONCLUDE WITH A WRIT TEN AWARD THAT 7
433	433	SUSTAINS IN ITS ENTI RETY THE LAST , BEST, AND FINAL OFFER OF O NE OF THE 8
434	434	PARTIES. 9
435	435
436	436	(II) BEFORE A WRITTEN AWAR D IS ISSUED , BY WRITTEN 10
437	437	AGREEMENT SIGNED BY THE REPRESENTATIVES OF THE PARTIES PARTICIPATING IN 11
438	438	THE ARBITRATION , THE PARTIES MAY DIRE CT THE NEUTRAL ARBIT RATOR TO RULE 12
439	439	ON SPECIFICALLY IDEN TIFIED TOPICS OF BAR GAINING. 13
440	440
441	441	(6) (I) THE NEUTRAL ARBITRATO R SHALL ISSUE A PREL IMINARY 14
442	442	WRITTEN AWARD ON OR BEFORE DECEMBER 5. 15
443	443
444	444	(II) THE PRELIMINARY WRITTEN AWARD SHALL ADDRESS ALL 16
445	445	PROVISIONS THAT EACH PARTY PROPOSED IN IT S RESPECTIVE FINAL P OSITION FOR 17
446	446	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 18
447	447
448	448	(III) WITHIN 5 BUSINESS DAYS AFTER RECEIPT OF THE 19
449	449	PRELIMINARY WRITTEN AWARD , THE PARTIES SH ALL REVIEW THE AWARD AND MAY 20
450	450	SEVERALLY OR MUTUALL Y REQUEST CHANGES OR ADJUSTMENTS IN THE A WARD. 21
451	451
452	452	(IV) ON OR BEFORE DECEMBER 15, THE NEUTRAL ARBITRAT OR 22
453	453	SHALL ISSUE A FINAL WRITTEN AWARD IN WHICH THE ARBITRATOR : 23
454	454
455	455	1. SHALL ORDER IMPLEMEN TATION OF THE LAST , BEST, 24
456	456	AND FINAL OFFER OF E ITHER PARTY IN ITS E NTIRETY, INCORPORATING ANY 25
457	457	VOLUNTARILY AGREED T ERMS BETWEEN THE PARTIES ; AND 26
458	458
459	459	2. INCLUDE: 27
460	460
461	461	A. ANY VOLUNTARILY AGRE ED TERMS BETWEEN THE 28
462	462	PARTIES; AND 29
463	463
464	464	B. ANY PRIOR TERM, WHICH BY AGREEMENT , IS NOT TO 30
465	465	BE CHANGED FOR THE N EXT FISCAL YEAR. 31
466	466	HOUSE BILL 458 11
467	467
468	468
469	469	(V) AFTER DECEMBER 15, IF REQUESTED BY EITH ER PARTY, 1
470	470	THE NEUTRAL ARBITRAT OR SHALL ISSUE BY JANUARY 20 OF THE IMMEDIATELY 2
471	471	FOLLOWING YEAR , A STATEMENT OF REASO NS FOR THE FINAL WRITTEN AWARD . 3
472	472
473	473	(7) THE NEUTRAL ARBITRATO R SHALL CONSIDER THE FOLLOWING 4
474	474	WHEN DEVELOPING A WR ITTEN AWARD: 5
475	475
476	476	(I) THE LAWFUL AUTHORITY OF THE EMPLOYER , INCLUDING 6
477	477	THE OBLIGATION OF TH E EMPLOYER TO USE SP ECIAL FUNDS ONLY FOR 7
478	478	AUTHORIZED PURPOSES UNDER LIMITATIONS IM POSED BY FEDERAL OR STATE LAW; 8
479	479
480	480	(II) STIPULATIONS OF THE PARTIES; 9
481	481
482	482	(III) THE INTERESTS AND WE LFARE OF THE PUBLIC ; 10
483	483
484	484	(IV) THE FINANCIAL ABILIT Y OF THE EMPLOYER TO MEET 11
485	485	COSTS, WITHOUT THE PREMISE THAT THE EMPLOYER MAY NEE D TO INCREASE OR 12
486	486	IMPOSE NEW TAXES , FEES, OR CHARGES , OR DEVELOP OTHER SOU RCES OF 13
487	487	REVENUE; 14
488	488
489	489	(V) THE PRESENT AND FUTU RE GENERAL ECONOMIC 15
490	490	CONDITION OF THE STATE OR STATE INSTITUTIONS OF HIGHER EDUCATION ; 16
491	491
492	492	(VI) COMPARISONS OF WAGES , HOURS, AND CONDITIONS OF 17
493	493	EMPLOYMENT OF THE EM PLOYEES INVOLVED WIT H ARBITRATION WITH T HE WAGES, 18
494	494	HOURS, AND CONDITIONS OF EM PLOYMENT OF OTHER EM PLOYEES PERFORMING 19
495	495	SIMILAR SERVICES IN PUBLIC EMPLOYMENT IN ADJACENT STATES ; 20
496	496
497	497	(VII) COMPARISONS OF COLLE CTIVE BARGAINING PATTERNS I N 21
498	498	OTHER STATES AND AMO NG COUNTY EMPLOYEES IN THE STATE; 22
499	499
500	500	(VIII) CONSUMER PRICES FOR GOODS AND SERVICES A S DEFINED 23
501	501	BY PUBLIC AND PRIVATE S OURCES; 24
502	502
503	503	(IX) THE OVERALL COMPENSA TION PRESENTLY RECEI VED BY 25
504	504	THE EMPLOYEES , INCLUDING DIRECT WAGE COMPENSATION , VACATION, HOLIDAYS, 26
505	505	EXCUSED TIME OFF , INSURANCE AND PENSIO NS COSTS, MEDICAL AND 27
506	506	HOSPITALIZATION BENE FITS, THE CONTINUITY AND S TABILITY OF EMPLOYME NT, 28
507	507	AND ALL OTHER RECEIV ED BENEFITS; 29
508	508
509	509	(X) CHANGES IN ANY OF TH E FOREGOING CIRCUMST ANCES 30
510	510	DURING THE PEND ENCY OF THE ARBITRAT ION; AND 31
511	511	12 HOUSE BILL 458
512	512
513	513
514	514	(XI) OTHER FACTORS THAT ARE NORMALLY OR TRAD ITIONALLY 1
515	515	TAKEN INTO CONSIDERA TION IN THE DETERMIN ATION OF WAGES , HOURS, AND 2
516	516	CONDITIONS OF EMPLOY MENT THROUGH VOLUNTA RY COLLECTIVE BARGAI NING, 3
517	517	MEDIATION, ARBITRATIO N, OR OTHERWISE BETWEEN TH E PARTIES IN PUBLIC 4
518	518	SERVICE OR PRIVATE E MPLOYMENT . 5
519	519
520	520	(C) THE DECISION OF THE N EUTRAL ARBITRATOR SH ALL BE FINAL AND 6
521	521	BINDING ON THE PARTI ES. 7
522	522
523	523	(D) THE STATE, A STATE INSTITUTION OF HIGHER EDUCATION , AND THE 8
524	524	MARYLAND ENVIRONMENTAL SERVICE AND THE GOVERNOR SHALL TAKE A LL 9
525	525	ACTIONS NECESSARY TO CARRY OUT AND EFFECT UATE THE FINAL WRITT EN AWARD 10
526	526	AND PLACE INTO EFFEC T THE MEMORANDUM OF UNDERSTANDING . 11
527	527
528	528	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PARTIES 12
529	529	AT ANY TIME MAY AMEND OR MODIFY THE FINAL WRITTEN AW ARD, AND BY CONSENT , 13
530	530	THE AMENDMENTS OR MODIFI CATIONS SHALL BE APP ROVED BY THE PARTIES AND 14
531	531	PLACED IN A SUPPLEME NTAL WRITTEN AWARD B Y THE NEUTRAL ARBITR ATOR THAT 15
532	532	SHALL BE FINAL AND B INDING. 16
533	533
534	534	(2) A SUPPLEMENTAL WRITT EN AWARD UNDER PARAG RAPH (1) OF 17
535	535	THIS SUBSECTION SHAL L TAKE EFFECT ON THE DATE OF THE ORDER OF THE 18
536	536	NEUTRAL ARBITRATOR A ND MAY NOT REQUIRE RATI FICATION UNDER § 3–601 OF 19
537	537	THIS TITLE. 20
538	538
539	539	(F) A DEADLINE IN THIS SEC TION MAY BE MODIFIED , BASED ON GOOD 21
540	540	CAUSE, BY MUTUAL AGREEMENT OF THE PARTIES OR BY ORDER OF THE NEUTRAL 22
541	541	ARBITRATOR. 23
542	542
543	543	(G) (1) THE COSTS OF THE SERVICES OF T HE NEUTRAL ARBITRATO R 24
544	544	SHALL BE SHARED EQUA LLY BY THE PARTIES . 25
545	545
546	546	(2) ALL OTHER COSTS INCURRED BY EITHER P ARTY TO COMPLY WITH 26
547	547	THIS SECTION SHALL BE THE RESPONS IBILITY OF THE PARTY INCURRING THE 27
548	548	COSTS. 28
549	549
550	550	3–603. 29
551	551
552	552	(a) A memorandum of understanding [agreed to and ratified under § 3–601 of this 30
553	553	subtitle] may not expire until it is succeeded by a memorandum of understanding that is 31
554	554	agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 32
555	555	HOUSE BILL 458 13
556	556
557	557
558	558	(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 1
559	559	understanding shall continue in force and effect without change until a successor 2
560	560	memorandum of understanding is agreed to and ratified. 3
561	561
562	562	(c) (1) Based on a verified complaint by an exclusive representative, the 4
563	563	exclusive representative may file an action in a circuit court against the State, the 5
564	564	Maryland Environmental Service, a system institution, Morgan State University, St. 6
565	565	Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 7
566	566	this section. 8
567	567
568	568	(2) On receipt of an action submitted by the exclusive representative, the 9
569	569	court shall issue a status quo order without a finding of irreparable harm to maintain a 10
570	570	memorandum of understanding and the terms in effect pending a final order in the action. 11
571	571
572	572	SECTION 2. AND BE IT FURTHER ENACTED, (Three–fifths of all the members 12
573	573	elected to each of the two Houses concurring), That it be proposed that the Maryland 13
574	574	Constitution read as follows: 14
575	575
576	576	Article III – Legislative Department 15
577	577
578	578	52. 16
579	579
580	580	(1) The General Assembly shall not appropriate any money out of the Treasury 17
581	581	except in accordance with the provisions of this section. 18
582	582
583	583	(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary 19
584	584	Appropriation Bill, as hereinafter provided. 20
585	585
586	586	(3) On the third Wednesday in January in each year, (except in the case of a newly 21
587	587	elected Governor, and then not later than ten days after the convening of the General 22
588	588	Assembly), unless such time shall be extended by the General Assembly, the Governor shall 23
589	589	submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget 24
590	590	shall contain a complete plan of proposed expenditures and estimated revenues for said 25
591	591	fiscal year and shall show the estimated surplus or deficit of revenues at the end of the 26
592	592	preceding fiscal year. EACH BUDGET SHALL ALSO CON TAIN THE APPROPRIATI ONS 27
593	593	NECESSARY TO IMPLEME NT ALL TERMS AND CONDITIONS OF EM PLOYMENT IN EACH 28
594	594	MEMORAND UM OF UNDERSTANDING CONCLUDED WITH THE STATE, WHETHER 29
595	595	REACHED THROUGH MUTUAL AGREEMENT OR ARBITRATION THAT IS BINDING ON 30
596	596	THE PARTIES, THE GOVERNOR, STATE INSTITUT IONS OF HIGHER EDUCA TION, AND 31
597	597	THE MARYLAND ENVIRONMENTAL SERVICE, FOR THE NEXT ENSUING FISCAL YEAR 32
598	598	FOR STATE EMPLOYEES IN TH E VARIOUS BRANCHES AND DEPARTMENTS OF STATE 33
599	599	GOVERNMENT , INCLUDING HIGHER EDU CATION. Accompanying each Budget shall be 34
600	600	a statement showing: (a) the revenues and expenditures for the preceding fiscal year; (b) 35
601	601	the current assets, liabilities, reserves and surplus or deficit of the State; (c) the debts and 36
602	602	funds of the State; (d) an estimate of the State’s financial condition as of the beginning and 37
603	603	end of the preceding fiscal year; (e) CHANGES IN WAGES , HOURS, FRINGE BENEFITS, 38 14 HOUSE BILL 458
604	604
605	605
606	606	HEALTH BENEFITS , PENSION BENEFITS , AND OTHER TERMS AND CONDITIONS OF 1
607	607	EMPLOYMENT FOR STATE EMPLOYEES INCLU DED IN EACH MEMORAND UM OF 2
608	608	UNDERSTANDING COVERI NG STATE EMPLOYEES FOR T HE NEXT ENSUING FISCAL 3
609	609	YEAR; AND (F) any explanation the Governor may desire to make as to the important 4
610	610	features of the Budget and any suggestions as to methods for reduction or increase of the 5
611	611	State’s revenue. 6
612	612
613	613	(4) Each Budget shall embrace an estimate of all appropriations in such form and 7
614	614	detail as the Governor shall determine or as may be prescribed by law, as follows: (a) for 8
615	615	the General Assembly as certified to the Governor in the manner hereinafter provided; (b) 9
616	616	for the Executive Department; (c) for the Judiciary Department, as provided by law, as 10
617	617	certified to the Governor; (d) to pay and discharge the principal and interest of the debt of 11
618	618	the State in conformity with Section 34 of Article III of the Constitution, and all laws 12
619	619	enacted in pursuance thereof; (e) for the salaries AND FRINGE BENEFITS payable by the 13
620	620	State and under the Constitution and laws of the State, INCLUDING THOSE SALA RIES 14
621	621	AND BENEFITS COMMITT ED UNDER EACH MEMORA NDUM OF UNDERSTANDIN G 15
622	622	COVERING STATE EMPLOYEES ; (f) for the establishment and maintenance throughout 16
623	623	the State of a thorough and efficient system of public schools in conformity with Article 8 17
624	624	of the Constitution and with the laws of the State; and (g) for such other purposes as are 18
625	625	set forth in the Constitution or laws of the State. 19
626	626
627	627	(5) The Governor shall deliver to the presiding officer of each House the Budget 20
628	628	and a bill for all the proposed appropriations of the Budget classified and in such form and 21
629	629	detail as he shall determine or as may be prescribed by law; and the presiding officer of 22
630	630	each House shall promptly cause said bill to be introduced therein, and such bill shall be 23
631	631	known as the “Budget Bill.” The Governor may, with the consent of the General Assembly, 24
632	632	before final action thereon by the General Assembly, amend or supplement said Budget to 25
633	633	correct an oversight, provide funds contingent on passage of pending legislation or, in case 26
634	634	of an emergency, by delivering such an amendment or supplement to the presiding officers 27
635	635	of both Houses; and such amendment or supplement shall thereby become a part of said 28
636	636	Budget Bill as an addition to the items of said bill or as a modification of or a substitute for 29
637	637	any item of said bill such amendment or supplement may affect. 30
638	638
639	639	(5a) The Budget and the Budget Bill as submitted by the Governor to the General 31
640	640	Assembly shall have a figure for the total of all proposed appropriations and a figure for 32
641	641	the total of all estimated revenues available to pay the appropriations, and the figure for 33
642	642	total proposed appropriations shall not exceed the figure for total estimated revenues. 34
643	643	Neither the Governor in submitting an amendment or supplement to the Budget Bill nor 35
644	644	the General Assembly in amending the Budget Bill shall thereby cause the figure for total 36
645	645	proposed appropriations to exceed the figure for total estimated revenues, including any 37
646	646	revisions, and in the Budget Bill as enacted the figure for total estimated revenues always 38
647	647	shall be equal to or exceed the figure for total appropriations. 39
648	648
649	649	(6) The General Assembly shall not amend the Budget Bill so as to affect either 40
650	650	the obligations of the State under Section 34 of Article III of the Constitution, or the 41
651	651	provisions made by the laws of the State for the establishment and maintenance of a system 42 HOUSE BILL 458 15
652	652
653	653
654	654	of public schools or the payment of any salaries required to be paid by the State of Maryland 1
655	655	by the Constitution. 2
656	656
657	657	(6a) In enacting a balanced Budget Bill each fiscal year as required under this 3
658	658	Section, the General Assembly may amend the bill by increasing or diminishing the items 4
659	659	therein relating to the General Assembly, and by increasing or diminishing the items 5
660	660	therein relating to the judiciary, but except as hereinbefore specified, may not alter the bill 6
661	661	except to strike out or reduce items therein, provided, however, that the salary or 7
662	662	compensation of any public officer may not be decreased during the public officer’s term of 8
663	663	office. When passed by both Houses, the Budget Bill shall be presented to the Governor for 9
664	664	approval or disapproval according to Section 17 of Article II of this Constitution. 10
665	665
666	666	(6b) In enacting a balanced Budget Bill as required under this Section for fiscal 11
667	667	year 2024 and each fiscal year thereafter, the General Assembly may amend the bill by 12
668	668	increasing, diminishing, or adding items therein relating to the General Assembly, by 13
669	669	increasing, diminishing, or adding items therein relating to the judiciary, and by 14
670	670	increasing, diminishing, or adding items relating to the Executive Department, provided 15
671	671	that the total of the appropriation for the Executive Department approved by the General 16
672	672	Assembly does not exceed the total proposed appropriation for the Executive Department 17
673	673	submitted by the Governor. The salary or compensation of any public officer may not be 18
674	674	decreased during the public officer’s term of office. When passed by both Houses, the Budget 19
675	675	Bill shall be a law immediately without further action by the Governor. 20
676	676
677	677	(7) The Governor and such representatives of the executive departments, boards, 21
678	678	officers and commissions of the State expending or applying for State’s moneys, as have 22
679	679	been designated by the Governor for this purpose, shall have the right, and when requested 23
680	680	by either House of the General Assembly, it shall be their duty to appear and be heard with 24
681	681	respect to any Budget Bill during the consideration thereof, and to answer inquiries relative 25
682	682	thereto. 26
683	683
684	684	(8) Supplementary Appropriation Bill. Either House may consider other 27
685	685	appropriations but both Houses shall not finally act upon such appropriations until after 28
686	686	the Budget Bill has been finally acted upon by both Houses, and no such other 29
687	687	appropriation shall be valid except in accordance with the provisions following: (a) Every 30
688	688	such appropriation shall be embodied in a separate bill limited to some single work, object 31
689	689	or purpose therein stated and called herein a Supplementary Appropriation Bill; (b) Each 32
690	690	Supplementary Appropriation Bill shall provide the revenue necessary to pay the 33
691	691	appropriation thereby made by a tax, direct or indirect, to be levied and collected as shall 34
692	692	be directed in said bill; (c) No Supplementary Appropriation Bill shall become a law unless 35
693	693	it be passed in each House by a vote of a majority of the whole number of the members 36
694	694	elected, and the yeas and nays recorded on its final passage; (d) Each Supplementary 37
695	695	Appropriation Bill shall be presented to the Governor of the State as provided in Section 38
696	696	17 of Article 2 of the Constitution and thereafter all the provisions of said section shall 39
697	697	apply. 40
698	698
699	699	(9) Nothing in this section shall be construed as preventing the General Assembly 41
700	700	from passing at any time, in accordance with the provisions of Section 28 of Article 3 of the 42 16 HOUSE BILL 458
701	701
702	702
703	703	Constitution and subject to the Governor’s power of approval as provided in Section 17 of 1
704	704	Article 2 of the Constitution, an appropriation bill to provide for the payment of any 2
705	705	obligation of the State within the protection of Section 10 of Article 1 of the Constitution of 3
706	706	the United States. 4
707	707
708	708	(10) If the Budget Bill shall not have been finally acted upon by the Legislature 5
709	709	seven days before the expiration of the regular session, the Governor shall issue a 6
710	710	proclamation extending the session for some further period as may, in his judgment, be 7
711	711	necessary for the passage of such bill; but no matter other than such bill shall be considered 8
712	712	during such extended session except a provision for the cost thereof. 9
713	713
714	714	(11) For the purpose of making up the Budget, the Governor shall require from the 10
715	715	proper State officials (including all executive departments, all executive and administrative 11
716	716	offices, bureaus, boards, commissions and agencies that expend or supervise the 12
717	717	expenditure of, and all institutions applying, for State moneys and appropriations) such 13
718	718	itemized estimates and other information, in such form and at such times as directed by 14
719	719	the Governor. An estimate for a program required to be funded by a law which will be in 15
720	720	effect during the fiscal year covered by the Budget and which was enacted before July 1 of 16
721	721	the fiscal year prior to that date shall provide a level of funding not less than that prescribed 17
722	722	in the law. The estimates for the Legislative Department, certified by the presiding officer 18
723	723	of each House, of the Judiciary, as provided by law, certified by the Chief Judge of the Court 19
724	724	of Appeals, and for the public schools, as provided by law, shall be transmitted to the 20
725	725	Governor, in such form and at such times as directed by the Governor, and shall be included 21
726	726	in the Budget without revision. 22
727	727
728	728	(12) The Governor may provide for public hearings on all estimates and may 23
729	729	require the attendance at such hearings of representatives of all agencies, and for all 24
730	730	institutions applying for State moneys. After such public hearings he may, in his discretion, 25
731	731	revise all estimates except those for the legislative and judiciary departments, and for the 26
732	732	public schools, as provided by law, and except that he may not reduce an estimate for a 27
733	733	program below a level of funding prescribed by a law which will be in effect during the fiscal 28
734	734	year covered by the Budget, and which was enacted before July 1 of the fiscal year prior 29
735	735	thereto. 30
736	736
737	737	(13) The General Assembly may, from time to time, enact such laws not 31
738	738	inconsistent with this section, as may be necessary and proper to carry out its provisions. 32
739	739
740	740	(14) In the event of any inconsistency between any of the provisions of this Section 33
741	741	and any of the other provisions of the Constitution, the provisions of this Section shall 34
742	742	prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 35
743	743	3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or 36
744	744	be construed as preventing the Governor from calling extraordinary sessions of the General 37
745	745	Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at 38
746	746	such ertraordinary [extraordinary] sessions from considering any emergency appropriation 39
747	747	or appropriations. 40
748	748
749	749	(15) If any item of any appropriation bill passed under the provisions of this 41 HOUSE BILL 458 17
750	750
751	751
752	752	Section shall be held invalid upon any ground, such invalidity shall not affect the legality 1
753	753	of the bill or of any other item of such bill or bills. 2
754	754
755	755	SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 3
756	756	determines that the amendment to the Maryland Constitution proposed by Section 2 of this 4
757	757	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
758	758	Constitution concerning local approval of constitutional amendments do not apply. 6
759	759
760	760	SECTION 4. AND BE IT FURTHER ENACTED, That : 7
761	761
762	762	(a) The amendment to the Maryland Constitution proposed by Section 2 of this 8
763	763	Act shall be submitted to the qualified voters of the State at the next general election to be 9
764	764	held in November 2022 for adoption or rejection pursuant to Article XIV of the Maryland 10
765	765	Constitution. 11
766	766
767	767	(b) (1) At that general election, the vote on the proposed amendment to the 12
768	768	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 13
769	769	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 14
770	770	provided by law. 15
771	771
772	772	(2) At that general election, a question substantially similar to the 16
773	773	following shall be submitted to the qualified voters of the State: 17
774	774
775	775	“Question ___ – Constitutional Amendment 18
776	776
777	777	Providing that each budget shall include expenditures necessary to implement wages, 19
778	778	hours, fringe benefits, pension benefits, health benefits, and other terms and conditions of 20
779	779	employment for State employees concluded in each memorandum of understa nding 21
780	780	covering State employees.” 22
781	781
782	782	(c) Immediately after the election, all returns shall be made to the Governor of 23
783	783	the vote for and against the proposed amendment, as directed by Article XIV of the 24
784	784	Maryland Constitution, and further proceedings had in accordance with Article XIV. 25
785	785
786	786	SECTION 5. AND BE IT FURTHER ENACTED, That , except as provided in Section 26
787	787	4 of this Act, this Act shall take effect July 1, 2022. 27