Maryland 2023 Regular Session

Maryland House Bill HB380 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	hb0380
6	6
7	7	HOUSE BILL 380
8	8	P4 CONSTITUTIONAL AMENDMENT 3lr0570
9	9	CF SB 218
10	10	By: Delegates Korman, Acevero, Bridges, Edelson, Foley, Forbes, Harris, Ivey,
11	11	J. Lewis, McCaskill, Reznik, Smith, and Solomon
12	12	Introduced and read first time: January 26, 2023
13	13	Assigned to: Appropriations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Arbitration Reform for State Employees Act of 2023 2
20	20
21	21	FOR the purpose of altering the collective bargaining process for State employees, including 3
22	22	by requiring the selection of a neutral arbitrator to oversee all aspects of collective 4
23	23	bargaining, establishing a process of arbitration in the event of impasse, and 5
24	24	providing that certain decisions of a neutral arbitrator are advisory; altering the 6
25	25	matters that are required to be included in collective bargaining; requiring that each 7
26	26	budget bill contain the appropriations necessary to implement all terms and 8
27	27	conditions of employment in certain memoranda of understanding for the next 9
28	28	ensuing fiscal year; and generally relating to collective bargaining for State 10
29	29	employees. 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – State Finance and Procurement 13
33	33	Section 7–108 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2022 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – State Personnel and Pensions 18
39	39	Section 3–103, 3–501, 3–502, and 3–603 19
40	40	Annotated Code of Maryland 20
41	41	(2015 Replacement Volume and 2022 Supplement) 21
42	42
43	43	BY adding to 22
44	44	Article – State Personnel and Pensions 23
45	45	Section 3–503 24
46	46	Annotated Code of Maryland 25
47	47	(2015 Replacement Volume and 2022 Supplement) 26
48	48	2 HOUSE BILL 380
49	49
50	50
51	51	BY proposing an amendment to the Maryland Constitution 1
52	52	Article III – Legislative Department 2
53	53	Section 52 3
54	54
55	55	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56	56	That the Laws of Maryland read as follows: 5
57	57
58	58	Article – State Finance and Procurement 6
59	59
60	60	7–108. 7
61	61
62	62	(a) In accordance with the Maryland Constitution and other law, the Governor 8
63	63	shall include in each budget bill: 9
64	64
65	65	(1) an appropriation to pay the principal of and interest on the State debt; 10
66	66
67	67	(2) without revision, the appropriations requested for public schools, as 11
68	68	certified by the State Superintendent of Schools; 12
69	69
70	70	(3) without revision, the appropriations requested for the Legislative 13
71	71	Branch of the State government, as certified by the presiding officers of the General 14
72	72	Assembly; 15
73	73
74	74	(4) without revision, the appropriations requested for the Judicial Branch 16
75	75	of the State government, as certified by the Chief Judge of the Court of Appeals; 17
76	76
77	77	(5) the appropriations requested by the Governor for the Executive Branch 18
78	78	of the State government; 19
79	79
80	80	(6) the appropriations required by law to be included with the 20
81	81	appropriations for the Executive Branch; 21
82	82
83	83	(7) appropriations for the salaries required by law to be paid by the State; 22
84	84	and 23
85	85
86	86	(8) any other appropriations required by the Maryland Constitution or 24
87	87	other law to be included in the budget bill. 25
88	88
89	89	(b) The Governor shall use the current salary plan of the Secretary of Budget and 26
90	90	Management as the basis for the appropriations to pay those salaries to which the plan 27
91	91	applies. 28
92	92
93	93	(C) IN ADDITION TO THE AP PROPRIATIONS REQUIRE D IN SUBSECTION (A) 29
94	94	OF THIS SECTION, THE GOVERNOR SHALL INCLUD E IN EACH ANNUAL BUD GET BILL 30
95	95	THE APPROPRIATIONS N ECESSARY TO IMPLEMENT AND FUND ALL TERMS W ITHIN 31
96	96	EACH MEMORANDUM OF U NDERSTANDING BETWEEN : 32
97	97	HOUSE BILL 380 3
98	98
99	99
100	100	(1) THE STATE AND EACH EXCLUSIVE REPRE SENTATIVE OF ITS 1
101	101	EMPLOYEES; 2
102	102
103	103	(2) STATE INSTITUTIONS OF HIGHER EDUCATION , INCLUDING THE 3
104	104	UNIVERSITY SYSTEM OF MARYLAND, AND EACH EXCLUSIVE REPRE SENTATIVE OF 4
105	105	THEIR EMPLOYEES ; AND 5
106	106
107	107	(3) THE MARYLAND ENVIRONMENTAL SERVICE AND EACH 6
108	108	EXCLUSIVE REPRESENTA TIVE OF ITS EMPLOYEE S. 7
109	109
110	110	Article – State Personnel and Pensions 8
111	111
112	112	3–103. 9
113	113
114	114	This title and any agreement under this title do not limit or otherwise interfere with 10
115	115	the powers of the Governor or the Maryland General Assembly [under], EXCEPT TO 11
116	116	OPERATE IN ACCORDANC E WITH AND HAVE THE EFFECT REQUIRED BY Article III, § 12
117	117	52 of the Maryland Constitution. 13
118	118
119	119	3–501. 14
120	120
121	121	(a) (1) The following individuals or entities shall designate one or more 15
122	122	representatives to participate as a party in collective bargaining on behalf of the State or 16
123	123	the following institutions: 17
124	124
125	125	(i) on behalf of the State, the Governor; 18
126	126
127	127	(ii) on behalf of the Maryland Environmental Service, the Board of 19
128	128	Directors of the Service; 20
129	129
130	130	(iii) on behalf of the University System of Maryland, the Chancellor; 21
131	131	and 22
132	132
133	133	(iv) on behalf of Morgan State University, St. Mary’s College of 23
134	134	Maryland, or Baltimore City Community College, the governing board of the institution. 24
135	135
136	136	(2) The exclusive representative shall designate one or more 25
137	137	representatives to participate as a party in collective bargaining on behalf of the exclusive 26
138	138	representative. 27
139	139
140	140	(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 28
141	141	parties shall meet at reasonable times [and] BETWEEN JULY 1 AND SEPTEMBER 30 TO 29
142	142	engage in collective bargaining in good faith[, including facilitating the meaningful use of 30
143	143	a fact finder under subsection (c)(3) of this section,] and to conclude a written memorandum 31
144	144	of understanding or other written understanding as defined under § 3–101(d)(1)(ii) of this 32
145	145	title. 33 4 HOUSE BILL 380
146	146
147	147
148	148
149	149	(2) (I) FOR EACH BARGAINING U NIT, WHENEVER A MEMORANDU M 1
150	150	OF UNDERSTANDING IS TO BE NEGOTIATED , REOPENED, OR AMENDED , THE PARTIES 2
151	151	SHALL FIRST SELECT A NEUTRAL ARBITRATOR F OR THE NEGOTIATIONS ON OR 3
152	152	BEFORE JULY 15. 4
153	153
154	154	(II) THE ARBITRATOR SHALL BE SELECTED FROM A L IST OF 15 5
155	155	ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION’S LABOR 6
156	156	ARBITRATION PANEL. 7
157	157
158	158	(III) THE LIST SHALL CONSIS T OF QUALIFIED , NATIONWIDE 8
159	159	ARBITRATORS WHO ARE MEMBERS OF THE NATIONAL ACADEMY OF ARBITRATION. 9
160	160
161	161	(IV) THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 10
162	162	ALTERNATELY STRIKING NAMES FROM THE LIST UNTIL ONE NAME REMAI NS. 11
163	163
164	164	(V) THE SELECTED ARBITRAT OR MUST BE ABLE AND 12
165	165	AVAILABLE TO PERFORM THE DUTIES AND TO HO LD HEARINGS, BOTH IN PERSON 13
166	166	AND THROUGH REMOTE C OMMUNICATION , CONSISTENT WITH THIS TITLE. 14
167	167
168	168	(VI) THE ARBITRATOR SHALL HAVE THE POWERS AND 15
169	169	RESPONSIBILITIES UND ER § 3–503 OF THIS SUBTITLE. 16
170	170
171	171	(VII) THE SELECTED ARBITRAT OR SHALL ACCEPT THE 17
172	172	APPOINTMENT BEFORE JULY 15, OR THE PARTIES MAY A GREE TO MAKE AN 18
173	173	ALTERNATIVE APPOINTM ENT FROM: 19
174	174
175	175	1. THE LIST ORIGINALLY PROVIDED BY THE AMERICAN 20
176	176	ARBITRATION ASSOCIATION; OR 21
177	177
178	178	2. A LIST OF NATIONWIDE A RBITRATORS PROVIDED BY 22
179	179	THE FEDERAL MEDIATION AND CONCILIATION SERVICE. 23
180	180
181	181	(3) THE PARTIES SHALL MAK E A REASONABLE EFFOR T TO BEGIN 24
182	182	NEGOTIATIONS ON OR N EAR JULY 1, INCLUDING THE EXCHAN GE OF INFORMATION 25
183	183	NECESSARY TO RESPONS IBLY CONDUCT AND CONCLUDE NEGOTIATION S BY 26
184	184	SEPTEMBER 30. 27
185	185
186	186	(c) [(1) The parties shall make every reasonable effort to conclude negotiations 28
187	187	in a timely manner for inclusion by the principal unit in its budget request to the Governor. 29
188	188
189	189	(2) (i) The parties shall conclude negotiations before January 1 for any 30
190	190	item requiring an appropriation of funds for the fiscal year that begins on the following 31
191	191	July 1. 32 HOUSE BILL 380 5
192	192
193	193
194	194
195	195	(ii) In the budget bill submitted to the General Assembly, the 1
196	196	Governor shall include any amounts in the budgets of the principal units required to 2
197	197	accommodate any additional cost resulting from the negotiations, including the actuarial 3
198	198	impact of any legislative changes to any of the State pension or retirement systems that 4
199	199	are required, as a result of the negotiations, for the fiscal year beginning the following July 5
200	200	1 if the legislative changes have been negotiated to become effective in that fiscal year. 6
201	201
202	202	(3) (i) If the parties do not conclude negotiations for the next fiscal year 7
203	203	before October 25, either party may request that a fact finder be employed to resolve the 8
204	204	issues. 9
205	205
206	206	(ii) The fact finder shall be employed no later than November 1. 10
207	207
208	208	(iii) A fact finder shall be a neutral party appointed by alternate 11
209	209	striking from a list by the parties provided: 12
210	210
211	211	1. by the Federal Mediation and Conciliation Service; or 13
212	212
213	213	2. under the Labor Arbitration Rules of the American 14
214	214	Arbitration Association. 15
215	215
216	216	(iv) The fact finder: 16
217	217
218	218	1. may give notice and hold hearings in accordance with the 17
219	219	Administrative Procedure Act; 18
220	220
221	221	2. may administer oaths and take testimony and other 19
222	222	evidence; 20
223	223
224	224	3. may issue subpoenas; and 21
225	225
226	226	4. before November 20, shall make written recommendations 22
227	227	regarding wages, hours, and working conditions, and any other terms or conditions of 23
228	228	employment that may be in dispute. 24
229	229
230	230	(v) The written recommendations of the fact finder shall be delivered 25
231	231	to the Governor, the exclusive representative, the President of the Senate, and the Speaker 26
232	232	of the House of Delegates by the Secretary on or before December 1. 27
233	233
234	234	(d)] (1) A memorandum of understanding [that incorporates all matters of 28
235	235	agreement reached by the parties] REACHED BY MUTUAL AG REEMENT shall be executed 29
236	236	by the exclusive representative and: 30
237	237
238	238	(i) for a memorandum of understanding relating to the State, the 31
239	239	Governor or the Governor’s designee; 32
240	240	6 HOUSE BILL 380
241	241
242	242
243	243	(ii) for a memorandum of understanding relating to the Maryland 1
244	244	Environmental Service, the Board of Directors of the Service; 2
245	245
246	246	(iii) for a memorandum of understanding relating to a system 3
247	247	institution, the Chancellor or the Chancellor’s designee; and 4
248	248
249	249	(iv) for a memorandum of understanding relating to Morgan State 5
250	250	University, St. Mary’s College of Maryland, or Baltimore City Community College, the 6
251	251	governing board of the institution or the governing board’s designee. 7
252	252
253	253	(2) To the extent [these] matters INCORPORATED IN A ME MORANDUM 8
254	254	OF UNDERSTANDING require legislative approval or the appropriation of funds, the 9
255	255	matters shall be [recommended] REFERRED to the General Assembly for approval or for 10
256	256	the appropriation of funds AS REQUIRED UNDER ARTICLE III, § 52 OF THE MARYLAND 11
257	257	CONSTITUTION . 12
258	258
259	259	(3) To the extent matters involving a State institution of higher education 13
260	260	require legislative approval, the legislation shall be [recommended] REFERRED to the 14
261	261	Governor [for submission to] AND the General Assembly. 15
262	262
263	263	[(e)] (D) Negotiations for a memorandum of understanding shall be considered 16
264	264	closed sessions under § 3–305 of the General Provisions Article. 17
265	265
266	266	[(f)] (E) (1) The terms of a memorandum of understanding executed by the 18
267	267	Governor or the Governor’s designee and an exclusive representative of a bargaining unit 19
268	268	for skilled service or professional service employees in the State Personnel Management 20
269	269	System are not applicable to employees of a State institution of higher education. 21
270	270
271	271	(2) The terms of a memorandum of understanding executed by the 22
272	272	Chancellor or the governing board of Morgan State University, St. Mary’s College of 23
273	273	Maryland, or Baltimore City Community College, or their respective designees, and the 24
274	274	exclusive representative of a bargaining unit for employees of a State institution of higher 25
275	275	education are not applicable to skilled service or professional service employees in the State 26
276	276	Personnel Management System. 27
277	277
278	278	3–502. 28
279	279
280	280	(a) Collective bargaining shall include all matters relating to: 29
281	281
282	282	(1) wages, hours, FRINGE BENEFITS , HEALTH BENEFITS , PENSION 30
283	283	BENEFITS, and other terms and conditions of employment; and 31
284	284
285	285	(2) the time and manner of access to a new employee program as required 32
286	286	under § 3–307 of this title. 33
287	287
288	288	(b) [(1) Collective bargaining may include negotiations relating to the right of 34 HOUSE BILL 380 7
289	289
290	290
291	291	an employee organization to receive service fees from nonmembers. 1
292	292
293	293	(2) An employee whose religious beliefs are opposed to joining or financially 2
294	294	supporting any collective bargaining organization is: 3
295	295
296	296	(i) not required to pay a service fee; and 4
297	297
298	298	(ii) required to pay an amount of money as determined in collective 5
299	299	bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 6
300	300	this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 7
301	301	the Internal Revenue Code and to furnish written proof of the payment to: 8
302	302
303	303	1. A. the Department; 9
304	304
305	305	B. in the case of an employee of the Maryland Environmental 10
306	306	Service, the Board of Directors of the Service; or 11
307	307
308	308	C. in the case of an employee of an institution of higher 12
309	309	education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 13
310	310	President’s designee; and 14
311	311
312	312	2. the exclusive representative. 15
313	313
314	314	(c)] Notwithstanding subsection (a) of this section, the representatives of the 16
315	315	State, the Maryland Environmental Service, a system institution, Morgan State 17
316	316	University, St. Mary’s College of Maryland, and Baltimore City Community College: 18
317	317
318	318	(1) [shall] MAY not be required to negotiate over any matter that is 19
319	319	inconsistent with applicable law; and 20
320	320
321	321	(2) may negotiate and reach agreement with regard to any such matter 21
322	322	THAT IS INCONSISTENT WITH APPLICABLE LAW only if it is understood that, WITH 22
323	323	RESPECT TO THE MATTE R, the agreement [with respect to such matter] OR 23
324	324	MEMORANDUM OF UNDERS TANDING cannot become effective unless the applicable law 24
325	325	is amended by the General Assembly. 25
326	326
327	327	3–503. 26
328	328
329	329	(A) (1) A NEUTRAL ARBITRATOR S ELECTED UNDER § 3–501(B) OF THIS 27
330	330	SUBTITLE: 28
331	331
332	332	(I) MAY MEDIATE OR AID I N THE RESOLUTION OF ANY DISPUTE 29
333	333	BETWEEN THE PARTIES REGARDING THE CONDUC T OF NEGOTIATIONS , INCLUDING 30
334	334	WHETHER THE CONDUCT OF A PARTY IS IN GOO D FAITH; 31
335	335
336	336	(II) MAY RECEIVE FROM THE PARTIES COPIES OF IN FORMATION 32 8 HOUSE BILL 380
337	337
338	338
339	339	REQUESTS PRESENTED AND RESPONSES RECEIVED , TO MEDIATE OR AID IN TH E 1
340	340	RESOLUTION OF DISPUTES OVER THE TI MELINESS AND SUFFICI ENCY OF 2
341	341	INFORMATION DEMANDS AND PRODUCTION ; 3
342	342
343	343	(III) MAY ISSUE OPINIONS IN ORDER TO HELP TO RESOLVE 4
344	344	DISPUTES OVER REQUES TS FOR INFORMATION O R PROMOTE BARGAINING IN GOOD 5
345	345	FAITH CONSISTENT WIT H THIS TITLE; AND 6
346	346
347	347	(IV) MAY DIRECT PRODUCTION OF ESTIMA TES OF REVENUES 7
348	348	AND EXPENDITURES COM PILED BY THE STATE BOARD OF REVENUE ESTIMATES, 8
349	349	THE BUREAU OF REVENUE ESTIMATES, OR THE CONSENSUS REVENUE 9
350	350	MONITORING AND FORECASTING GROUP. 10
351	351
352	352	(2) (I) THE OPINIONS AND GUIDANC E ISSUED BY THE NEUTRA L 11
353	353	ARBITRATOR UNDER THIS SUBSECTIO N SHALL BE ADVISORY ON THE PARTIES AND 12
354	354	THE GOVERNOR. 13
355	355
356	356	(II) THE PROCESS SET OUT I N THIS SUBSECTION DOES NO T 14
357	357	DIMINISH OR LIMIT TH E RIGHTS OF ANY PART Y TO FILE AND PURSUE A COMPLAINT 15
358	358	OF UNFAIR LABOR PRAC TICES BEFORE THE BOARD. 16
359	359
360	360	(B) (1) IF AN IMPASSE IS DECL ARED ON OR AFTER OCTOBER 1, 17
361	361	ARBITRATION SHALL PR OCEED AS DESCRIBED I N THIS SUBSECTION . 18
362	362
363	363	(2) (I) ON THE FIFTH BUSINESS DAY AFTER THE IMPASS E IS 19
364	364	DECLARED, EACH PARTY SHALL SUB MIT TO THE NEUTRAL A RBITRATOR, IN WRITING 20
365	365	AND WITH A COPY TO T HE OTHER PARTY , A LAST, BEST, AND FINAL OFFER , 21
366	366	INCLUDING: 22
367	367
368	368	1. ALL PROVISIONS IN TH E EXISTING MEMORAND UM OF 23
369	369	UNDERSTANDING NOT TO BE MODIFIED; 24
370	370
371	371	2. ALL NEW, AMENDED, OR MODIFIED MEMORAND UM OF 25
372	372	UNDERSTANDING PROVIS IONS AGREED TO BY TH E PARTIES BEFORE THE IMPASSE 26
373	373	WAS DECLARED THAT AR E TO BE INCLUDED THR OUGH WRITTEN MUTUAL 27
374	374	AGREEMENT ; AND 28
375	375
376	376	3. SUBJECT TO SUBPARAGRAPH (II) OF THIS 29
377	377	PARAGRAPH , DETAILED FURTHER PRO VISIONS THAT A PARTY IS PROPOSING FOR 30
378	378	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 31
379	379
380	380	(II) FURTHER PROVISIONS AR E LIMITED TO SPECIFI C 32
381	381	PROPOSALS THAT WERE SUBMITTED IN WRITING TO THE OTHER PARTY A ND WERE 33 HOUSE BILL 380 9
382	382
383	383
384	384	THE SUBJECT OF COLLE CTIVE BARGAINING BET WEEN THE PARTIES UP TO THE TIME 1
385	385	OF IMPASSE, INCLUDING PROPOSALS THAT THE PARTIES HAV E DECIDED TO 2
386	386	INCLUDE IN THE MEMOR ANDUM OF UNDERSTANDI NG THROUGH WRITTEN M UTUAL 3
387	387	AGREEMENT . 4
388	388
389	389	(3) THE NEUTRAL ARBITRATO R ACTING A S A MEDIATOR SHALL 5
390	390	ATTEMPT TO RESOLVE T HE IMPASSE BEFORE A FORMAL HEARING ON TH E IMPASSE. 6
391	391
392	392	(4) (I) WITHIN 30 CALENDAR DAYS AFTER A DECLARED IMPASSE , 7
393	393	THE NEUTRAL ARBITRAT OR SHALL HOLD A FORM AL HEARING AT WHICH THE 8
394	394	PARTIES MAY SUBMIT , IN WRITING OR ORAL T ESTIMONY, ALL INFORMATION OR 9
395	395	DATA SUPPORTING THE FINAL POSITIONS. 10
396	396
397	397	(II) ABSENT MUTUAL AGREEME NT BETWEEN THE PARTI ES, OR 11
398	398	AS OTHERWISE ORDERED BY THE NEUTRAL ARBIT RATOR, THE FORMAL HEARING 12
399	399	SHALL CONCLUDE WITHI N 45 CALENDAR DAYS AFTER THE IMPASSE DATE . 13
400	400
401	401	(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 14
402	402	PARAGRAPH , THE ARBITRATION SHAL L CONCLUDE WITH A WR ITTEN AWARD THAT 15
403	403	SUSTAINS IN ITS ENTI RETY THE LAST , BEST, AND FINAL OFFER OF O NE OF THE 16
404	404	PARTIES. 17
405	405
406	406	(II) BEFORE A WRITTEN AWAR D IS ISSUED , BY WRITTE N 18
407	407	AGREEMENT SIGNED BY THE REPRESENTATIVES OF THE PARTIES PARTI CIPATING IN 19
408	408	THE ARBITRATION , THE PARTIES MAY DIRE CT THE NEUTRAL ARBIT RATOR TO RULE 20
409	409	ON SPECIFICALLY IDEN TIFIED TOPICS OF BAR GAINING. 21
410	410
411	411	(6) (I) THE NEUTRAL ARBITRATO R SHALL ISSUE A PREL IMINARY 22
412	412	WRITTEN AWARD ON OR BE FORE DECEMBER 5. 23
413	413
414	414	(II) THE PRELIMINARY WRITT EN AWARD SHALL ADDRE SS ALL 24
415	415	PROVISIONS THAT EACH PARTY PROPOSED IN IT S RESPECTIVE FINAL P OSITION FOR 25
416	416	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 26
417	417
418	418	(III) WITHIN 5 BUSINESS DAYS AFTER RECEIPT OF THE 27
419	419	PRELIMINARY WRITTEN AWARD, THE PARTIES SHALL RE VIEW THE AWARD AND M AY 28
420	420	SEVERALLY OR MUTUALL Y REQUEST CHANGES OR ADJUSTMENTS IN THE A WARD. 29
421	421
422	422	(IV) ON OR BEFORE DECEMBER 15, THE NEUTRAL ARBITRAT OR 30
423	423	SHALL ISSUE A FINAL WRITTEN AWARD IN WHI CH THE ARBIT RATOR: 31
424	424
425	425	1. SHALL ORDER IMPLEMEN TATION OF THE LAST , BEST, 32
426	426	AND FINAL OFFER OF E ITHER PARTY IN ITS E NTIRETY, INCORPORATING ANY 33 10 HOUSE BILL 380
427	427
428	428
429	429	VOLUNTARILY –AGREED–TO TERMS BETWEEN THE PA RTIES; AND 1
430	430
431	431	2. SHALL INCLUDE: 2
432	432
433	433	A. ANY VOLUNTARILY –AGREED–TO TERMS BETWEEN 3
434	434	THE PARTIES; AND 4
435	435
436	436	B. ANY PRIOR TERM THAT BY AGREEMENT IS NOT TO BE 5
437	437	CHANGED FOR THE NEXT FISCAL YEAR. 6
438	438
439	439	(V) AFTER DECEMBER 15, IF REQUESTED BY EITH ER PARTY, 7
440	440	THE NEUTRAL ARBITRAT OR SHALL ISSUE BY JANUARY 20 OF THE IMMEDIATELY 8
441	441	FOLLOWING YEAR , A STATEMENT OF REASONS FOR THE FINA L WRITTEN AWARD . 9
442	442
443	443	(7) THE NEUTRAL ARBITRATO R SHALL CONSIDER THE FOLLOWING 10
444	444	WHEN DEVELOPING A WR ITTEN AWARD: 11
445	445
446	446	(I) THE LAWFUL AUTHORITY OF THE EMPLOYER , INCLUDING 12
447	447	THE OBLIGATION OF TH E EMPLOYER TO USE SP ECIAL FUNDS ONLY FOR 13
448	448	AUTHORIZE D PURPOSES UNDER LIM ITATIONS IMPOSED BY FEDERAL OR STATE LAW; 14
449	449
450	450	(II) STIPULATIONS OF THE PARTIES; 15
451	451
452	452	(III) THE INTERESTS AND WE LFARE OF THE PUBLIC ; 16
453	453
454	454	(IV) THE FINANCIAL ABILIT Y OF THE EMPLOYER TO MEET 17
455	455	COSTS, WITHOUT THE PREMISE THAT THE EMPLOYER MA Y NEED TO INCREASE OR 18
456	456	IMPOSE NEW TAXES , FEES, OR CHARGES , OR DEVELOP OTHER SOU RCES OF 19
457	457	REVENUE; 20
458	458
459	459	(V) THE PRESENT AND FUTU RE GENERAL ECONOMIC 21
460	460	CONDITION OF THE STATE OR STATE INSTITUTIONS OF HIGHER EDUCATION ; 22
461	461
462	462	(VI) COMPARISONS OF WAGES , HOURS, AND CONDITI ONS OF 23
463	463	EMPLOYMENT OF THE EM PLOYEES INVOLVED WIT H ARBITRATION WITH T HE WAGES, 24
464	464	HOURS, AND CONDITIONS OF EM PLOYMENT OF OTHER EM PLOYEES PERFORMING 25
465	465	SIMILAR SERVICES IN PUBLIC EMPLOYMENT IN ADJACENT STATES ; 26
466	466
467	467	(VII) COMPARISONS OF COLLE CTIVE BARGAINING PAT TERNS IN 27
468	468	OTHER STATES AND AMO NG COUNTY EMPLOYEES IN THE STATE; 28
469	469
470	470	(VIII) CONSUMER PRICES FOR GOODS AND SERVICES A S DEFINED 29
471	471	BY PUBLIC AND PRIVAT E SOURCES; 30 HOUSE BILL 380 11
472	472
473	473
474	474
475	475	(IX) THE OVERALL COMPENSA TION PRESENTLY RECEI VED BY 1
476	476	THE EMPLOYEES , INCLUDING DIRECT WAG E COMPENSATION , VACATION, HOLIDAYS, 2
477	477	EXCUSED TIME OFF , INSURANCE AND PENSIO NS COSTS, MEDICAL AND 3
478	478	HOSPITALIZATION BENE FITS, THE CONTINUITY AND S TABILITY OF EMPLOYME NT, 4
479	479	AND ALL OTHER RECEIV ED BENEFITS; 5
480	480
481	481	(X) CHANGES IN ANY OF TH E FOREGOING CIRCUMST ANCES 6
482	482	DURING THE PENDENC Y OF THE ARBITRATION ; AND 7
483	483
484	484	(XI) OTHER FACTORS THAT A RE NORMALLY OR TRADI TIONALLY 8
485	485	TAKEN INTO CONSIDERA TION IN THE DETERMIN ATION OF WAGES , HOURS, AND 9
486	486	CONDITIONS OF EMPLOY MENT THROUGH VOLUNTA RY COLLECTIVE BARGAI NING, 10
487	487	MEDIATION, ARBITRATION, OR OTHERWISE BE TWEEN THE PARTIES IN PUBLIC 11
488	488	SERVICE OR PRIVATE E MPLOYMENT . 12
489	489
490	490	(C) THE DECISION OF THE N EUTRAL ARBITRATOR SH ALL BE FINAL AND 13
491	491	BINDING ON THE PARTI ES. 14
492	492
493	493	(D) THE STATE, A STATE INSTITUTION OF HIGHER EDUCATION , AND THE 15
494	494	MARYLAND ENVIRONMENTAL SERVICE AND THE GOVERNOR SHALL TAKE ALL 16
495	495	ACTIONS NECESSARY TO CARRY OUT AND EFFECT UATE THE FINAL WRITT EN AWARD 17
496	496	AND PLACE INTO EFFEC T THE MEMORANDUM OF UNDERSTANDING . 18
497	497
498	498	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PARTIES 19
499	499	AT ANY TIME MAY AMEN D OR MODIFY THE FINA L WRITTEN AWARD AND , BY CONSENT, 20
500	500	THE AMENDMENTS OR MO DIFICATIONS SHALL BE APPROVED BY THE PART IES AND 21
501	501	PLACED IN A SUPPLEME NTAL WRITTEN AWARD B Y THE NEUTRAL ARBITR ATOR THAT 22
502	502	SHALL BE FINAL AND B INDING. 23
503	503
504	504	(2) A SUPPLEMENTAL WRITTEN AWARD UNDER PARAGRAP H (1) OF 24
505	505	THIS SUBSECTION SHAL L TAKE EFFECT ON THE DATE OF THE ORDER OF THE 25
506	506	NEUTRAL ARBITRATOR A ND MAY NOT REQUIRE R ATIFICATION UNDER § 3–601 OF 26
507	507	THIS TITLE. 27
508	508
509	509	(F) A DEADLINE IN THIS SEC TION MAY BE MODIFIED , BASED ON GOOD 28
510	510	CAUSE, BY MUTUAL AGREEMENT OF THE PARTIES OR BY ORDER OF THE NEUT RAL 29
511	511	ARBITRATOR. 30
512	512
513	513	(G) (1) THE COSTS OF THE SERV ICES OF THE NEUTRAL ARBITRATOR 31
514	514	SHALL BE SHARED EQUA LLY BY THE PARTIES . 32
515	515
516	516	(2) ALL OTHER COSTS INCUR RED BY EITHER PARTY TO COMPLY WITH 33 12 HOUSE BILL 380
517	517
518	518
519	519	THIS SECTION SHALL B E THE RESPONSIBILITY OF THE PARTY I NCURRING THE 1
520	520	COSTS. 2
521	521
522	522	3–603. 3
523	523
524	524	(a) A memorandum of understanding [agreed to and ratified under § 3–601 of this 4
525	525	subtitle] may not expire until it is succeeded by a memorandum of understanding that is 5
526	526	agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 6
527	527
528	528	(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 7
529	529	understanding shall continue in force and effect without change until a successor 8
530	530	memorandum of understanding is agreed to and ratified. 9
531	531
532	532	(c) (1) Based on a verified complaint by an exclusive representative, the 10
533	533	exclusive representative may file an action in a circuit court against the State, the 11
534	534	Maryland Environmental Service, a system institution, Morgan State University, St. 12
535	535	Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 13
536	536	this section. 14
537	537
538	538	(2) On receipt of an action submitted by the exclusive representative, the 15
539	539	court shall issue a status quo order without a finding of irreparable harm to maintain a 16
540	540	memorandum of understanding and the terms in effect pending a final order in the action. 17
541	541
542	542	SECTION 2. AND BE IT FURTHER ENACTED, (Three –fifths of all the members 18
543	543	elected to each of the two Houses concurring), That it be proposed that the Maryland 19
544	544	Constitution read as follows: 20
545	545
546	546	Article III – Legislative Department 21
547	547
548	548	52. 22
549	549
550	550	(1) The General Assembly shall not appropriate any money out of the Treasury 23
551	551	except in accordance with the provisions of this section. 24
552	552
553	553	(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary 25
554	554	Appropriation Bill, as hereinafter provided. 26
555	555
556	556	(3) On the third Wednesday in January in each year, (except in the case of a newly 27
557	557	elected Governor, and then not later than ten days after the convening of the General 28
558	558	Assembly), unless such time shall be extended by the General Assembly, the Governor shall 29
559	559	submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget 30
560	560	shall contain a complete plan of proposed expenditures and estimated revenues for said 31
561	561	fiscal year and shall show the estimated surplus or deficit of revenues at the end of the 32
562	562	preceding fiscal year. EACH BUDGET SHALL ALSO CON TAIN THE APPROPRIATI ONS 33
563	563	NECESSARY TO IMPLEME NT ALL TERMS AND CON DITIONS OF EMPLOYMEN T IN EACH 34
564	564	MEMORANDUM OF UNDERS TANDING CONCLUDED WI TH THE STATE, WHETHER 35 HOUSE BILL 380 13
565	565
566	566
567	567	REACHED THROUGH MUTU AL AGREEMENT OR ARBI TRATION THAT IS BIND ING ON 1
568	568	THE PARTIES, THE GOVERNOR, STATE INSTITUTIONS OF HIGHER EDUCATION , AND 2
569	569	THE MARYLAND ENVIRONMENTAL SERVICE, FOR THE NEXT ENSUING FISCAL YEAR 3
570	570	FOR STATE EMPLOYEES IN TH E VARIOUS BRANC HES AND DEPARTMENTS OF STATE 4
571	571	GOVERNMENT , INCLUDING HIGHER EDU CATION. Accompanying each Budget shall be a 5
572	572	statement showing: (a) the revenues and expenditures for the preceding fiscal year; (b) the 6
573	573	current assets, liabilities, reserves and surplus or deficit of the State; (c) the debts and 7
574	574	funds of the State; (d) an estimate of the State’s financial condition as of the beginning and 8
575	575	end of the preceding fiscal year; (e) CHANGES IN WAGES , HOURS, FRINGE BENEFITS , 9
576	576	HEALTH BENEFITS , PENSION BENEFITS , AND OTHER TE RMS AND CONDITIONS O F 10
577	577	EMPLOYMENT FOR STATE EMPLOYEES INCLU DED IN EACH MEMORAND UM OF 11
578	578	UNDERSTANDING COVERI NG STATE EMPLOYEES FOR T HE NEXT ENSUING FISC AL 12
579	579	YEAR; AND (F) any explanation the Governor may desire to make as to the important 13
580	580	features of the Budget and any suggestions as to methods for reduction or increase of the 14
581	581	State’s revenue. 15
582	582
583	583	(4) Each Budget shall embrace an estimate of all appropriations in such form and 16
584	584	detail as the Governor shall determine or as may be prescribed by law, as follows: (a) for 17
585	585	the General Assembly as certified to the Governor in the manner hereinafter provided; (b) 18
586	586	for the Executive Department; (c) for the Judiciary Department, as provided by law, as 19
587	587	certified to the Governor; (d) to pay and discharge the principal and interest of the debt of 20
588	588	the State in conformity with Section 34 of Article III of the Constitution, and all laws 21
589	589	enacted in pursuance thereof; (e) for the salaries AND FRINGE BENEFITS payable by the 22
590	590	State and under the Constitution and laws of the State, INCLUDING THOSE SALARIES 23
591	591	AND BENEFITS COMMITT ED UNDER EACH MEMORA NDUM OF UNDERSTANDIN G 24
592	592	COVERING STATE EMPLOYEES ; (f) for the establishment and maintenance throughout 25
593	593	the State of a thorough and efficient system of public schools in conformity with Article 8 26
594	594	of the Constitution and with the laws of the State; and (g) for such other purposes as are 27
595	595	set forth in the Constitution or laws of the State. 28
596	596
597	597	(5) The Governor shall deliver to the presiding officer of each House the Budget 29
598	598	and a bill for all the proposed appropriations of the Budget classified and in such form and 30
599	599	detail as the Governor shall determine or as may be prescribed by law; and the presiding 31
600	600	officer of each House shall promptly cause said bill to be introduced therein, and such bill 32
601	601	shall be known as the “Budget Bill.” The Governor may, with the consent of the General 33
602	602	Assembly, before final action thereon by the General Assembly, amend or supplement said 34
603	603	Budget to correct an oversight, provide funds contingent on passage of pending legislation 35
604	604	or, in case of an emergency, by delivering such an amendment or supplement to the 36
605	605	presiding officers of both Houses; and such amendment or supplement shall thereby become 37
606	606	a part of said Budget Bill as an addition to the items of said bill or as a modification of or a 38
607	607	substitute for any item of said bill such amendment or supplement may affect. 39
608	608
609	609	(5a) The Budget and the Budget Bill as submitted by the Governor to the General 40
610	610	Assembly shall have a figure for the total of all proposed appropriations and a figure for 41
611	611	the total of all estimated revenues available to pay the appropriations, and the figure for 42
612	612	total proposed appropriations shall not exceed the figure for total estimated revenues. 43 14 HOUSE BILL 380
613	613
614	614
615	615	Neither the Governor in submitting an amendment or supplement to the Budget Bill nor 1
616	616	the General Assembly in amending the Budget Bill shall thereby cause the figure for total 2
617	617	proposed appropriations to exceed the figure for total estimated revenues, including any 3
618	618	revisions, and in the Budget Bill as enacted the figure for total estimated revenues always 4
619	619	shall be equal to or exceed the figure for total appropriations. 5
620	620
621	621	(6) The General Assembly shall not amend the Budget Bill so as to affect either 6
622	622	the obligations of the State under Section 34 of Article III of the Constitution, or the 7
623	623	provisions made by the laws of the State for the establishment and maintenance of a system 8
624	624	of public schools or the payment of any salaries required to be paid by the State of Maryland 9
625	625	by the Constitution. 10
626	626
627	627	(6a) In enacting a balanced Budget Bill each fiscal year as required under this 11
628	628	Section, the General Assembly may amend the bill by increasing or diminishing the items 12
629	629	therein relating to the General Assembly, and by increasing or diminishing the items 13
630	630	therein relating to the judiciary, but except as hereinbefore specified, may not alter the bill 14
631	631	except to strike out or reduce items therein, provided, however, that the salary or 15
632	632	compensation of any public officer may not be decreased during the public officer’s term of 16
633	633	office. When passed by both Houses, the Budget Bill shall be presented to the Governor for 17
634	634	approval or disapproval according to Section 17 of Article II of this Constitution. 18
635	635
636	636	(6b) In enacting a balanced Budget Bill as required under this Section for fiscal 19
637	637	year 2024 and each fiscal year thereafter, the General Assembly may amend the bill by 20
638	638	increasing, diminishing, or adding items therein relating to the General Assembly, by 21
639	639	increasing, diminishing, or adding items therein relating to the judiciary, and by 22
640	640	increasing, diminishing, or adding items relating to the Executive Department, provided 23
641	641	that the total of the appropriation for the Executive Department approved by the General 24
642	642	Assembly does not exceed the total proposed appropriation for the Executive Department 25
643	643	submitted by the Governor. The salary or compensation of any public officer may not be 26
644	644	decreased during the public officer’s term of office. When passed by both Houses, the Budget 27
645	645	Bill shall be a law immediately without further action by the Governor. 28
646	646
647	647	(7) The Governor and such representatives of the executive departments, boards, 29
648	648	officers and commissions of the State expending or applying for State’s moneys, as have 30
649	649	been designated by the Governor for this purpose, shall have the right, and when requested 31
650	650	by either House of the General Assembly, it shall be their duty to appear and be heard with 32
651	651	respect to any Budget Bill during the consideration thereof, and to answer inquiries relative 33
652	652	thereto. 34
653	653
654	654	(8) Supplementary Appropriation Bill. Either House may consider other 35
655	655	appropriations but both Houses shall not finally act upon such appropriations until after 36
656	656	the Budget Bill has been finally acted upon by both Houses, and no such other 37
657	657	appropriation shall be valid except in accordance with the provisions following: (a) Every 38
658	658	such appropriation shall be embodied in a separate bill limited to some single work, object 39
659	659	or purpose therein stated and called herein a Supplementary Appropriation Bill; (b) Each 40
660	660	Supplementary Appropriation Bill shall provide the revenue necessary to pay the 41
661	661	appropriation thereby made by a tax, direct or indirect, to be levied and collected as shall 42 HOUSE BILL 380 15
662	662
663	663
664	664	be directed in said bill; (c) No Supplementary Appropriation Bill shall become a law unless 1
665	665	it be passed in each House by a vote of a majority of the whole number of the members 2
666	666	elected, and the yeas and nays recorded on its final passage; (d) Each Supplementary 3
667	667	Appropriation Bill shall be presented to the Governor of the State as provided in Section 4
668	668	17 of Article 2 of the Constitution and thereafter all the provisions of said section shall 5
669	669	apply. 6
670	670
671	671	(9) Nothing in this section shall be construed as preventing the General Assembly 7
672	672	from passing at any time, in accordance with the provisions of Section 28 of Article 3 of the 8
673	673	Constitution and subject to the Governor’s power of approval as provided in Section 17 of 9
674	674	Article 2 of the Constitution, an appropriation bill to provide for the payment of any 10
675	675	obligation of the State within the protection of Section 10 of Article 1 of the Constitution of 11
676	676	the United States. 12
677	677
678	678	(10) If the Budget Bill shall not have been finally acted upon by the Legislature 13
679	679	seven days before the expiration of the regular session, the Governor shall issue a 14
680	680	proclamation extending the session for some further period as may, in the Governor’s 15
681	681	judgment, be necessary for the passage of such bill; but no matter other than such bill shall 16
682	682	be considered during such extended session except a provision for the cost thereof. 17
683	683
684	684	(11) For the purpose of making up the Budget, the Governor shall require from the 18
685	685	proper State officials (including all executive departments, all executive and administrative 19
686	686	offices, bureaus, boards, commissions and agencies that expend or supervise the 20
687	687	expenditure of, and all institutions applying, for State moneys and appropriations) such 21
688	688	itemized estimates and other information, in such form and at such times as directed by 22
689	689	the Governor. An estimate for a program required to be funded by a law which will be in 23
690	690	effect during the fiscal year covered by the Budget and which was enacted before July 1 of 24
691	691	the fiscal year prior to that date shall provide a level of funding not less than that prescribed 25
692	692	in the law. The estimates for the Legislative Department, certified by the presiding officer 26
693	693	of each House, of the Judiciary, as provided by law, certified by the Chief Justice of the 27
694	694	Supreme Court of Maryland, and for the public schools, as provided by law, shall be 28
695	695	transmitted to the Governor, in such form and at such times as directed by the Governor, 29
696	696	and shall be included in the Budget without revision. 30
697	697
698	698	(12) The Governor may provide for public hearings on all estimates and may 31
699	699	require the attendance at such hearings of representatives of all agencies, and for all 32
700	700	institutions applying for State moneys. After such public hearings the Governor may, in 33
701	701	the Governor’s discretion, revise all estimates except those for the legislative and judiciary 34
702	702	departments, and for the public schools, as provided by law, and except that the Governor 35
703	703	may not reduce an estimate for a program below a level of funding prescribed by a law 36
704	704	which will be in effect during the fiscal year covered by the Budget, and which was enacted 37
705	705	before July 1 of the fiscal year prior thereto. 38
706	706
707	707	(13) The General Assembly may, from time to time, enact such laws not 39
708	708	inconsistent with this section, as may be necessary and proper to carry out its provisions. 40
709	709
710	710	(14) In the event of any inconsistency between any of the provisions of this Section 41 16 HOUSE BILL 380
711	711
712	712
713	713	and any of the other provisions of the Constitution, the provisions of this Section shall 1
714	714	prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 2
715	715	3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or 3
716	716	be construed as preventing the Governor from calling extraordinary sessions of the General 4
717	717	Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at 5
718	718	such extraordinary sessions from considering any eme rgency appropriation or 6
719	719	appropriations. 7
720	720
721	721	(15) If any item of any appropriation bill passed under the provisions of this 8
722	722	Section shall be held invalid upon any ground, such invalidity shall not affect the legality 9
723	723	of the bill or of any other item of such bill or bills. 10
724	724
725	725	SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 11
726	726	determines that the amendment to the Maryland Constitution proposed by Section 2 of this 12
727	727	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 13
728	728	Constitution concerning local approval of constitutional amendments do not apply. 14
729	729
730	730	SECTION 4. AND BE IT FURTHER ENACTED, That: 15
731	731
732	732	(a) The amendment to the Maryland Constitution proposed by Section 2 of this 16
733	733	Act shall be submitted to the qualified voters of the State at the next general election to be 17
734	734	held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 18
735	735	Constitution. 19
736	736
737	737	(b) (1) At that general election, the vote on the proposed amendment to the 20
738	738	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 21
739	739	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 22
740	740	provided by law. 23
741	741
742	742	(2) At that general election, a question substantially similar to the 24
743	743	following shall be submitted to the qualified voters of the State: 25
744	744
745	745	“Question ___ – Constitutional Amendment 26
746	746
747	747	Providing that each budget shall include expenditures necessary to implement wages, 27
748	748	hours, fringe benefits, pension benefits, health benefits, and other terms and conditions of 28
749	749	employment for State employees concluded in each memorandum of understanding 29
750	750	covering State employees.”. 30
751	751
752	752	(c) Immediately after the election, all returns shall be made to the Governor of 31
753	753	the vote for and against the proposed amendment, as directed by Article XIV of the 32
754	754	Maryland Constitution, and further proceedings had in accordance with Article XIV. 33
755	755
756	756	SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 34
757	757	4 of this Act, this Act shall take effect July 1, 2023. 35
758	758