EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0817*
HOUSE BILL 817
P3 (3lr2241)
ENROLLED BILL
— Health and Government Operations/Education, Energy, and the Environment —
Introduced by Delegate Rosenberg Delegates Rosenberg, Alston, Bagnall,
Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson,
Kaiser, Kerr, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk,
Reilly, Szeliga, Taveras, White, and Woods
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ______________________ __ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
State Government – Regulation Procedures and the Maryland Register 2
FOR the purpose of requiring the Division of State Documents to make a certain number 3
of issues of the Maryland Register available to the public for online searching; 4
altering the requirements for a unit of State government to submit certain proposed 5
or emergency regulations, work plans, and evaluation reports to the Joint Committee 6
on Administrative, Executive, and Legislative Review, the Department of Legislative 7
Services, and the Administrator of the Division of State Documents; requiring a unit 8
that wants to alter the text of a proposed regulation after it has been submitted to 9
the Joint Committee and the Department of Legislative Services to take certain 10
actions; requiring a unit to provide a certain notice to the Joint Committee in a 11
certain manner; extending a certain period of review for a certain regulation; 12 2 HOUSE BILL 817
requiring a certain notice to be published in the Maryland Register within a certain 1
time period after receipt of the notice by the Joint Committee; requiring the 2
Department of Legislative Services to adopt certain procedures for the submission of 3
proposed and emergency regulations, work plans, and evaluation reports to the Joint 4
Committee by a unit; providing that compliance with certain submission 5
requirements does not satisfy certain other submission requirements; requiring the 6
Administrator to consult with the Department of Legislative Services on certain 7
matters; requiring the Administrator to send a receipt of a certain transmittal to a 8
certain unit under certain circumstances; requiring the Administrator, on or before 9
a certain date Department of Information Technology, in consultation with the 10
Administrator, to develop and maintain a certain electronic filing system in 11
accordance with certain requirements on or before a certain date; requiring the 12
Administrator to consult with the Department Department of Information 13
Technology to consult with the Administrator and the Department of Legislative 14
Services Administrator to consult with the Department on certain matters; and 15
generally relating to regulatory procedures and the Maryland Register. 16
BY repealing and reenacting, without amendments, 17
Article – State Government 18
Section 7–201(a) and (e) and 10–101 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2022 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – State Government 23
Section 7–206.2(b), 10–110(c)(1), and 10–111(a) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2022 Supplement) 26
BY adding to 27
Article – State Government 28
Section 10–111.2(c) 29
Annotated Code of Maryland 30
(2021 Replacement Volume and 2022 Supplement) 31
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
That the Laws of Maryland read as follows: 33
Article – State Government 34
7–201. 35
(a) In this subtitle the following words have the meanings indicated. 36
(e) “Division” means the Division of State Documents. 37
7–206.2. 38 HOUSE BILL 817 3
(b) Notwithstanding any other provision of law, the Division shall make available 1
to the public, at no cost, direct online searching of: 2
(1) the Code of Maryland Regulations (COMAR); 3
(2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register; 4
and 5
(3) any other material the Division determines to be in the public interest. 6
10–101. 7
(a) In this subtitle the following words have the meanings indicated. 8
(b) “Administrator” means the Administrator of the Division of State Documents. 9
(c) “Committee” means the Joint Committee on Administrative, Executive, and 10
Legislative Review. 11
(d) “Local government unit” means: 12
(1) a county; 13
(2) a municipal corporation; 14
(3) a special district that is established by State law and that operates 15
within a single county; 16
(4) a special district that is established by a county pursuant to public 17
general law; or 18
(5) an office, board, or department that is established in each county under 19
State law and that is funded, pursuant to State law, at least in part by the county governing 20
body. 21
(e) “Mandate” means a directive in a regulation that requires a local government 22
unit to perform a task or assume a responsibility that has a discernible fiscal impact on the 23
local government unit. 24
(f) “Register” means the Maryland Register. 25
(g) (1) “Regulation” means a statement or an amendment or repeal of a 26
statement that: 27
(i) has general application; 28
4 HOUSE BILL 817
(ii) has future effect; 1
(iii) is adopted by a unit to: 2
1. detail or carry out a law that the unit administers; 3
2. govern organization of the unit; 4
3. govern the procedure of the unit; or 5
4. govern practice before the unit; and 6
(iv) is in any form, including: 7
1. a guideline; 8
2. a rule; 9
3. a standard; 10
4. a statement of interpretation; or 11
5. a statement of policy. 12
(2) “Regulation” does not include: 13
(i) a statement that: 14
1. concerns only internal management of the unit; and 15
2. does not affect directly the rights of the public or the 16
procedures available to the public; 17
(ii) a response of the unit to a petition for adoption of a regulation, 18
under § 10–123 of this subtitle; or 19
(iii) a declaratory ruling of the unit as to a regulation, order, or 20
statute, under Subtitle 3 of this title. 21
(3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means 22
all or any portion of a regulation. 23
(h) “Small business” has the meaning stated in § 2–1505.2 of this article. 24
(i) “Substantively” means in a manner substantially affecting the rights, duties, 25
or obligations of: 26
HOUSE BILL 817 5
(1) a member of a regulated group or profession; or 1
(2) a member of the public. 2
(j) “Unit” means an officer or unit authorized by law to adopt regulations. 3
10–110. 4
(c) (1) (I) At least 15 days before the date a proposed regulation is 5
submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN 6
ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE , the promulgating unit shall 7
submit the proposed regulation to the Committee [and], the Department of Legislative 8
Services, AND THE ADMINISTRATOR . 9
(II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED 10
REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE 11
DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH 12
(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PUBLIS HED IN 13
THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR 14
PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT 15
PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF 16
LEGISLATIVE SERVICES, THE UNIT SHALL : 17
1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 18
LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; 19
2. WITHDRAW THE PROPOSE D REGULATION ; AND 20
3. RESUBMIT THE PROPOSE D REGULATION WITH TH E 21
ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES, 22
AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE 23
REGISTER. 24
(III) 1. IF A UNIT WANTS TO MA KE A NONSUBSTANTIVE 25
CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED 26
TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN 27
ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE 28
PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT 29
SHALL: 30
A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 31
LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND 32
THE ADMINISTRATOR OF THE CHANGE; AND 33
6 HOUSE BILL 817
B. INCLUDE WITH THE NOT ICE A CERTIFICATE FR OM THE 1
UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE 2
NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION . 3
2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS 4
SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL 5
DETERMINES THAT A CH ANGE TO A PROPOSED R EGULATION UNDER 6
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE, 7
THE UNIT SHALL WITHD RAW AND RESUBMIT THE P ROPOSED REGULATION I N 8
ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH . 9
10–111. 10
(a) (1) Except as provided in subsection (b) of this section, a unit may not adopt 11
a proposed regulation until: 12
(i) after submission of the proposed regulation to the Committee for 13
preliminary review under § 10–110 of this subtitle; and 14
(ii) at least 45 days after its first publication in the Register. 15
(2) (i) If the Committee determines that an appropriate review cannot 16
reasonably be conducted within 45 days and that an additional period of review is required, 17
it may delay the adoption of the regulation by so notifying the promulgating unit and the 18
Division of State Documents, in writing, prior to the expiration of the 45–day period. 19
(ii) If notice is provided to the promulgating unit pursuant to 20
subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation 21
until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to 22
adopt the regulation and provides the Committee with a further period of review of the 23
regulation that terminates not earlier than the later of the following: 24
1. the [30th] 60TH day following the notice provided by the 25
promulgating unit under this subparagraph; or 26
2. the 105th day following the initial publication of the 27
regulation in the Register. 28
(III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS 29
PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION 30
SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE 31
NOTICE BY THE COMMITTEE. 32
(3) The promulgating unit shall permit public comment for at least 30 days 33
of the 45–day period under paragraph (1)(ii) of this subsection. 34 HOUSE BILL 817 7
10–111.2. 1
(C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT 2
PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY 3
REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A 4
UNIT. 5
(2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY 6
THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION. 7
(II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE 8
COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE 9
NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE 10
ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE. 11
(3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE 12
DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE THAT NOTICE OF THE 13
RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR 14
UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND 15
THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER. 16
(II) WHEN THE ADMINISTRATOR T RANSMITS A PROPOSED OR 17
EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF 18
LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF 19
THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION 20
TO THE DIVISION. 21
(4) (I) SUBMISSION OF A REGULATION , A WORK PLAN , OR AN 22
EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT 23
SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A 24
REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR 25
FOR PUBLICAT ION IN THE REGISTER. 26
(II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO 27
SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING 28
THE REGULATION TO TH E DIVISION. 29
SECTION 2. AND BE IT FURTHER ENACTED, That: 30
(a) On or before October 1, 2023, the Department of Information Technology, in 31
consultation with the Administrator of the Division of State Documents, shall develop and 32
maintain an electronic filing system for use by units of State government, the Joint 33
Committee on Administrative, Executive, and Legislative Review, the Department of 34 8 HOUSE BILL 817
Legislative Services, and the Division of State Documents for the submission and tracking 1
of proposed and emergency regulations from the time of submission to the Joint Committee 2
through publication in the Maryland Register and final approval by the unit or, in the case 3
of an emergency regulation, approval by the Joint Committee. 4
(b) The Administrator shall consult with the Department Department of 5
Information Technology shall consult with the Administrator and the Department of 6
Legislative Services Administrator shall consult with the Department on the functionality 7
and security of the electronic filing system. 8
(c) The electronic filing system shall: 9
(1) allow a unit to upload, in a format approved by the Administrator and 10
the Department of Legislative Services, the text of a proposed or emergency regulation 11
along with all statutorily required information; 12
(2) contain a tracking function and automated notification system by which 13
the Joint Committee and the Department of Legislative Services shall be sent notice of new 14
or updated proposed or emergency regulations; 15
(3) prohibit anyone other than Division employees from modifying the text 16
of a submitted proposed or emergency regulation or any other required submittals; 17
(4) allow the Joint Committee and the Department of Legislative Services 18
to access and download, in a format required by the Department of Legislative Services, all 19
information submitted by a unit relating to a proposed or emergency regulation; 20
(5) allow the Joint Committee and the Department of Legislative Services 21
to approve emergency regulations, including providing for the time period during which the 22
emergency regulation is approved; 23
(6) allow a unit to view all information pertaining to a proposed or 24
emergency regulation submitted by the unit, including all tracking information; 25
(7) allow the tracking of regulatory holds; and 26
(8) include the functionalities necessary for the Division to publish the 27
Maryland Register. 28
(d) On or before December 31, 2023, the Administrator Department of 29
Information Technology Administrator shall report to the Joint Committee on 30
Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the 31
State Government Article, on the status of the development and deployment of the 32
electronic filing system required under this section. 33
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 34
effect June 1, 2023. 35 HOUSE BILL 817 9
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
3 of this Act, this Act shall take effect October 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.