MD
Maryland House Bill HB817

Maryland 2023 Regular Session

Maryland House Bill HB817 Compare Versions

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1- WES MOORE, Governor Ch. 350
21
3-– 1 –
4-Chapter 350
5-(House Bill 817)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0817*
810
9-State Government – Regulation Procedures and the Maryland Register
11+HOUSE BILL 817
12+P3 (3lr2241)
13+ENROLLED BILL
14+— Health and Government Operations/Education, Energy, and the Environment —
15+Introduced by Delegate Rosenberg Delegates Rosenberg, Alston, Bagnall,
16+Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson,
17+Kaiser, Kerr, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk,
18+Reilly, Szeliga, Taveras, White, and Woods
1019
11-FOR the purpose of requiring the Division of State Documents to make a certain number
12-of issues of the Maryland Register available to the public for online searching;
13-altering the requirements for a unit of State government to submit certain proposed
14-or emergency regulations, work plans, and evaluation reports to the Joint Committee
15-on Administrative, Executive, and Legislative Review, the Department of Legislative
16-Services, and the Administrator of the Division of State Documents; requiring a unit
17-that wants to alter the text of a proposed regulation after it has been submitted to
18-the Joint Committee and the Department of Legislative Services to take certain
19-actions; requiring a unit to provide a certain notice to the Joint Committee in a
20-certain manner; extending a certain period of review for a certain regulation;
21-requiring a certain notice to be published in the Maryland Register within a certain
22-time period after receipt of the notice by the Joint Committee; requiring the
23-Department of Legislative Services to adopt certain procedures for the submission of
24-proposed and emergency regulations, work plans, and evaluation reports to the Joint
25-Committee by a unit; providing that compliance with certain submission
26-requirements does not satisfy certain other submission requirements; requiring the
27-Administrator to consult with the Department of Legislative Services on certain
28-matters; requiring the Administrator to send a receipt of a certain transmittal to a
29-certain unit under certain circumstances; requiring the Administrator, on or before
30-a certain date Department of Information Technology, in consultation with the
31-Administrator, to develop and maintain a certain electronic filing system in
32-accordance with certain requirements on or before a certain date; requiring the
33-Administrator to consult with the Department Department of Information
34-Technology to consult with the Administrator and the Department of Legislative
35-Services Administrator to consult with the Department on certain matters; and
36-generally relating to regulatory procedures and the Maryland Register.
20+Read and Examined by Proofreaders:
3721
38-BY repealing and reenacting, without amendments,
39- Article – State Government
40-Section 7–201(a) and (e) and 10–101
41- Annotated Code of Maryland
42- (2021 Replacement Volume and 2022 Supplement)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
4326
44-BY repealing and reenacting, with amendments,
45- Article – State Government
46-Section 7–206.2(b), 10–110(c)(1), and 10–111(a)
47- Annotated Code of Maryland
48- (2021 Replacement Volume and 2022 Supplement)
49- Ch. 350 2023 LAWS OF MARYLAND
27+Sealed with the Great Seal and presented to the Governor, for his approval this
5028
51-– 2 –
52-BY adding to
53- Article – State Government
54-Section 10–111.2(c)
55- Annotated Code of Maryland
56- (2021 Replacement Volume and 2022 Supplement)
29+_______ day of _______________ at ______________________ __ o’clock, ________M.
5730
58- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
59-That the Laws of Maryland read as follows:
31+______________________________________________
32+Speaker.
6033
61-Article – State Government
34+CHAPTER ______
6235
63-7–201.
36+AN ACT concerning 1
6437
65- (a) In this subtitle the following words have the meanings indicated.
38+State Government – Regulation Procedures and the Maryland Register 2
6639
67- (e) “Division” means the Division of State Documents.
40+FOR the purpose of requiring the Division of State Documents to make a certain number 3
41+of issues of the Maryland Register available to the public for online searching; 4
42+altering the requirements for a unit of State government to submit certain proposed 5
43+or emergency regulations, work plans, and evaluation reports to the Joint Committee 6
44+on Administrative, Executive, and Legislative Review, the Department of Legislative 7
45+Services, and the Administrator of the Division of State Documents; requiring a unit 8
46+that wants to alter the text of a proposed regulation after it has been submitted to 9
47+the Joint Committee and the Department of Legislative Services to take certain 10
48+actions; requiring a unit to provide a certain notice to the Joint Committee in a 11
49+certain manner; extending a certain period of review for a certain regulation; 12 2 HOUSE BILL 817
6850
69-7–206.2.
7051
71- (b) Notwithstanding any other provision of law, the Division shall make available
72-to the public, at no cost, direct online searching of:
52+requiring a certain notice to be published in the Maryland Register within a certain 1
53+time period after receipt of the notice by the Joint Committee; requiring the 2
54+Department of Legislative Services to adopt certain procedures for the submission of 3
55+proposed and emergency regulations, work plans, and evaluation reports to the Joint 4
56+Committee by a unit; providing that compliance with certain submission 5
57+requirements does not satisfy certain other submission requirements; requiring the 6
58+Administrator to consult with the Department of Legislative Services on certain 7
59+matters; requiring the Administrator to send a receipt of a certain transmittal to a 8
60+certain unit under certain circumstances; requiring the Administrator, on or before 9
61+a certain date Department of Information Technology, in consultation with the 10
62+Administrator, to develop and maintain a certain electronic filing system in 11
63+accordance with certain requirements on or before a certain date; requiring the 12
64+Administrator to consult with the Department Department of Information 13
65+Technology to consult with the Administrator and the Department of Legislative 14
66+Services Administrator to consult with the Department on certain matters; and 15
67+generally relating to regulatory procedures and the Maryland Register. 16
7368
74- (1) the Code of Maryland Regulations (COMAR);
69+BY repealing and reenacting, without amendments, 17
70+ Article – State Government 18
71+Section 7–201(a) and (e) and 10–101 19
72+ Annotated Code of Maryland 20
73+ (2021 Replacement Volume and 2022 Supplement) 21
7574
76- (2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register;
77-and
75+BY repealing and reenacting, with amendments, 22
76+ Article – State Government 23
77+Section 7–206.2(b), 10–110(c)(1), and 10–111(a) 24
78+ Annotated Code of Maryland 25
79+ (2021 Replacement Volume and 2022 Supplement) 26
7880
79- (3) any other material the Division determines to be in the public interest.
81+BY adding to 27
82+ Article – State Government 28
83+Section 10–111.2(c) 29
84+ Annotated Code of Maryland 30
85+ (2021 Replacement Volume and 2022 Supplement) 31
8086
81-10–101.
87+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
88+That the Laws of Maryland read as follows: 33
8289
83- (a) In this subtitle the following words have the meanings indicated.
90+Article – State Government 34
8491
85- (b) “Administrator” means the Administrator of the Division of State Documents.
92+7–201. 35
8693
87- (c) “Committee” means the Joint Committee on Administrative, Executive, and
88-Legislative Review.
94+ (a) In this subtitle the following words have the meanings indicated. 36
8995
90- (d) “Local government unit” means:
96+ (e) “Division” means the Division of State Documents. 37
9197
92- (1) a county;
98+7–206.2. 38 HOUSE BILL 817 3
9399
94- (2) a municipal corporation;
95100
96- (3) a special district that is established by State law and that operates
97-within a single county; WES MOORE, Governor Ch. 350
98101
99-– 3 –
102+ (b) Notwithstanding any other provision of law, the Division shall make available 1
103+to the public, at no cost, direct online searching of: 2
100104
101- (4) a special district that is established by a county pursuant to public
102-general law; or
105+ (1) the Code of Maryland Regulations (COMAR); 3
103106
104- (5) an office, board, or department that is established in each county under
105-State law and that is funded, pursuant to State law, at least in part by the county governing
106-body.
107+ (2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register; 4
108+and 5
107109
108- (e) “Mandate” means a directive in a regulation that requires a local government
109-unit to perform a task or assume a responsibility that has a discernible fiscal impact on the
110-local government unit.
110+ (3) any other material the Division determines to be in the public interest. 6
111111
112- (f) “Register” means the Maryland Register.
112+10–101. 7
113113
114- (g) (1) “Regulation” means a statement or an amendment or repeal of a
115-statement that:
114+ (a) In this subtitle the following words have the meanings indicated. 8
116115
117- (i) has general application;
116+ (b) “Administrator” means the Administrator of the Division of State Documents. 9
118117
119- (ii) has future effect;
118+ (c) “Committee” means the Joint Committee on Administrative, Executive, and 10
119+Legislative Review. 11
120120
121- (iii) is adopted by a unit to:
121+ (d) “Local government unit” means: 12
122122
123- 1. detail or carry out a law that the unit administers;
123+ (1) a county; 13
124124
125- 2. govern organization of the unit;
125+ (2) a municipal corporation; 14
126126
127- 3. govern the procedure of the unit; or
127+ (3) a special district that is established by State law and that operates 15
128+within a single county; 16
128129
129- 4. govern practice before the unit; and
130+ (4) a special district that is established by a county pursuant to public 17
131+general law; or 18
130132
131- (iv) is in any form, including:
133+ (5) an office, board, or department that is established in each county under 19
134+State law and that is funded, pursuant to State law, at least in part by the county governing 20
135+body. 21
132136
133- 1. a guideline;
137+ (e) “Mandate” means a directive in a regulation that requires a local government 22
138+unit to perform a task or assume a responsibility that has a discernible fiscal impact on the 23
139+local government unit. 24
134140
135- 2. a rule;
141+ (f) “Register” means the Maryland Register. 25
136142
137- 3. a standard;
143+ (g) (1) “Regulation” means a statement or an amendment or repeal of a 26
144+statement that: 27
138145
139- 4. a statement of interpretation; or
146+ (i) has general application; 28
147+ 4 HOUSE BILL 817
140148
141- 5. a statement of policy.
142149
143- (2) “Regulation” does not include:
150+ (ii) has future effect; 1
144151
145- (i) a statement that: Ch. 350 2023 LAWS OF MARYLAND
152+ (iii) is adopted by a unit to: 2
146153
147-– 4 –
154+ 1. detail or carry out a law that the unit administers; 3
148155
149- 1. concerns only internal management of the unit; and
156+ 2. govern organization of the unit; 4
150157
151- 2. does not affect directly the rights of the public or the
152-procedures available to the public;
158+ 3. govern the procedure of the unit; or 5
153159
154- (ii) a response of the unit to a petition for adoption of a regulation,
155-under § 10–123 of this subtitle; or
160+ 4. govern practice before the unit; and 6
156161
157- (iii) a declaratory ruling of the unit as to a regulation, order, or
158-statute, under Subtitle 3 of this title.
162+ (iv) is in any form, including: 7
159163
160- (3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means
161-all or any portion of a regulation.
164+ 1. a guideline; 8
162165
163- (h) “Small business” has the meaning stated in § 2–1505.2 of this article.
166+ 2. a rule; 9
164167
165- (i) “Substantively” means in a manner substantially affecting the rights, duties,
166-or obligations of:
168+ 3. a standard; 10
167169
168- (1) a member of a regulated group or profession; or
170+ 4. a statement of interpretation; or 11
169171
170- (2) a member of the public.
172+ 5. a statement of policy. 12
171173
172- (j) “Unit” means an officer or unit authorized by law to adopt regulations.
174+ (2) “Regulation” does not include: 13
173175
174-10–110.
176+ (i) a statement that: 14
175177
176- (c) (1) (I) At least 15 days before the date a proposed regulation is
177-submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN
178-ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE, the promulgating unit shall
179-submit the proposed regulation to the Committee [and], the Department of Legislative
180-Services, AND THE ADMINISTRATOR .
178+ 1. concerns only internal management of the unit; and 15
181179
182- (II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED
183-REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE
184-DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH
185-(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PU BLISHED IN
186-THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR
187-PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT
188-PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF
189-LEGISLATIVE SERVICES, THE UNIT SHALL :
180+ 2. does not affect directly the rights of the public or the 16
181+procedures available to the public; 17
190182
191- 1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF
192-LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; WES MOORE, Governor Ch. 350
183+ (ii) a response of the unit to a petition for adoption of a regulation, 18
184+under § 10–123 of this subtitle; or 19
193185
194-– 5 –
186+ (iii) a declaratory ruling of the unit as to a regulation, order, or 20
187+statute, under Subtitle 3 of this title. 21
195188
196- 2. WITHDRAW THE PROPOSE D REGULATION ; AND
189+ (3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means 22
190+all or any portion of a regulation. 23
197191
198- 3. RESUBMIT THE PROPOSE D REGULATION WITH TH E
199-ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES,
200-AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE
201-REGISTER.
192+ (h) “Small business” has the meaning stated in § 2–1505.2 of this article. 24
202193
203- (III) 1. IF A UNIT WANTS TO MAKE A NONSUBSTANTIVE
204-CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED
205-TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN
206-ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE
207-PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT
208-SHALL:
194+ (i) “Substantively” means in a manner substantially affecting the rights, duties, 25
195+or obligations of: 26
196+ HOUSE BILL 817 5
209197
210- A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF
211-LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND
212-THE ADMINISTRATOR OF THE CHANGE; AND
213198
214- B. INCLUDE WITH THE NOT ICE A CERTIFICATE FROM THE
215-UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE
216-NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION .
199+ (1) a member of a regulated group or profession; or 1
217200
218- 2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS
219-SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL
220-DETERMINE S THAT A CHANGE TO A PROPOSED REGULATION UNDER
221-SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE,
222-THE UNIT SHALL WITHD RAW AND RESUBMIT THE PROPOSED REGULATION IN
223-ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH .
201+ (2) a member of the public. 2
224202
225-10–111.
203+ (j) “Unit” means an officer or unit authorized by law to adopt regulations. 3
226204
227- (a) (1) Except as provided in subsection (b) of this section, a unit may not adopt
228-a proposed regulation until:
205+10–110. 4
229206
230- (i) after submission of the proposed regulation to the Committee for
231-preliminary review under § 10–110 of this subtitle; and
207+ (c) (1) (I) At least 15 days before the date a proposed regulation is 5
208+submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN 6
209+ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE , the promulgating unit shall 7
210+submit the proposed regulation to the Committee [and], the Department of Legislative 8
211+Services, AND THE ADMINISTRATOR . 9
232212
233- (ii) at least 45 days after its first publication in the Register.
213+ (II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED 10
214+REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE 11
215+DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH 12
216+(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PUBLIS HED IN 13
217+THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR 14
218+PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT 15
219+PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF 16
220+LEGISLATIVE SERVICES, THE UNIT SHALL : 17
234221
235- (2) (i) If the Committee determines that an appropriate review cannot
236-reasonably be conducted within 45 days and that an additional period of review is required,
237-it may delay the adoption of the regulation by so notifying the promulgating unit and the
238-Division of State Documents, in writing, prior to the expiration of the 45–day period.
239- Ch. 350 2023 LAWS OF MARYLAND
222+ 1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 18
223+LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; 19
240224
241-– 6 –
242- (ii) If notice is provided to the promulgating unit pursuant to
243-subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation
244-until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to
245-adopt the regulation and provides the Committee with a further period of review of the
246-regulation that terminates not earlier than the later of the following:
225+ 2. WITHDRAW THE PROPOSE D REGULATION ; AND 20
247226
248- 1. the [30th] 60TH day following the notice provided by the
249-promulgating unit under this subparagraph; or
227+ 3. RESUBMIT THE PROPOSE D REGULATION WITH TH E 21
228+ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES, 22
229+AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE 23
230+REGISTER. 24
250231
251- 2. the 105th day following the initial publication of the
252-regulation in the Register.
232+ (III) 1. IF A UNIT WANTS TO MA KE A NONSUBSTANTIVE 25
233+CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED 26
234+TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN 27
235+ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE 28
236+PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT 29
237+SHALL: 30
253238
254- (III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS
255-PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION
256-SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE
257-NOTICE BY THE COMMITTEE.
239+ A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 31
240+LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND 32
241+THE ADMINISTRATOR OF THE CHANGE; AND 33
242+ 6 HOUSE BILL 817
258243
259- (3) The promulgating unit shall permit public comment for at least 30 days
260-of the 45–day period under paragraph (1)(ii) of this subsection.
261244
262-10–111.2.
245+ B. INCLUDE WITH THE NOT ICE A CERTIFICATE FR OM THE 1
246+UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE 2
247+NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION . 3
263248
264- (C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT
265-PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY
266-REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A
267-UNIT.
249+ 2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS 4
250+SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL 5
251+DETERMINES THAT A CH ANGE TO A PROPOSED R EGULATION UNDER 6
252+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE, 7
253+THE UNIT SHALL WITHD RAW AND RESUBMIT THE P ROPOSED REGULATION I N 8
254+ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH . 9
268255
269- (2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY
270-THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION.
256+10–111. 10
271257
272- (II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE
273-COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE
274-NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE
275-ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE.
258+ (a) (1) Except as provided in subsection (b) of this section, a unit may not adopt 11
259+a proposed regulation until: 12
276260
277- (3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE
278-DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE THAT NOTIC E OF THE
279-RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR
280-UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND
281-THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER.
261+ (i) after submission of the proposed regulation to the Committee for 13
262+preliminary review under § 10–110 of this subtitle; and 14
282263
283- (II) WHEN THE ADMINISTRATOR TRANSMITS A PROPOSED OR
284-EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF
285-LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF WES MOORE, Governor Ch. 350
264+ (ii) at least 45 days after its first publication in the Register. 15
286265
287-– 7 –
288-THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION
289-TO THE DIVISION.
266+ (2) (i) If the Committee determines that an appropriate review cannot 16
267+reasonably be conducted within 45 days and that an additional period of review is required, 17
268+it may delay the adoption of the regulation by so notifying the promulgating unit and the 18
269+Division of State Documents, in writing, prior to the expiration of the 45–day period. 19
290270
291- (4) (I) SUBMISSION OF A REGULATIO N, A WORK PLAN , OR AN
292-EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT
293-SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A
294-REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR
295-FOR PUBLICA TION IN THE REGISTER.
271+ (ii) If notice is provided to the promulgating unit pursuant to 20
272+subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation 21
273+until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to 22
274+adopt the regulation and provides the Committee with a further period of review of the 23
275+regulation that terminates not earlier than the later of the following: 24
296276
297- (II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO
298-SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING
299-THE REGULATION TO TH E DIVISION.
277+ 1. the [30th] 60TH day following the notice provided by the 25
278+promulgating unit under this subparagraph; or 26
300279
301- SECTION 2. AND BE IT FURTHER ENACTED, That:
280+ 2. the 105th day following the initial publication of the 27
281+regulation in the Register. 28
302282
303- (a) On or before October 1, 2023, the Department of Information Technology, in
304-consultation with the Administrator of the Division of State Documents, shall develop and
305-maintain an electronic filing system for use by units of State government, the Joint
306-Committee on Administrative, Executive, and Legislative Review, the Department of
307-Legislative Services, and the Division of State Documents for the submission and tracking
308-of proposed and emergency regulations from the time of submission to the Joint Committee
309-through publication in the Maryland Register and final approval by the unit or, in the case
310-of an emergency regulation, approval by the Joint Committee.
283+ (III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS 29
284+PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION 30
285+SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE 31
286+NOTICE BY THE COMMITTEE. 32
311287
312- (b) The Administrator shall consult with the Department Department of
313-Information Technology shall consult with the Administrator and the Department of
314-Legislative Services Administrator shall consult with the Department on the functionality
315-and security of the electronic filing system.
288+ (3) The promulgating unit shall permit public comment for at least 30 days 33
289+of the 45–day period under paragraph (1)(ii) of this subsection. 34 HOUSE BILL 817 7
316290
317- (c) The electronic filing system shall:
318291
319- (1) allow a unit to upload, in a format approved by the Administrator and
320-the Department of Legislative Services, the text of a proposed or emergency regulation
321-along with all statutorily required information;
322292
323- (2) contain a tracking function and automated notification system by which
324-the Joint Committee and the Department of Legislative Services shall be sent notice of new
325-or updated proposed or emergency regulations;
293+10–111.2. 1
326294
327- (3) prohibit anyone other than Division employees from modifying the text
328-of a submitted proposed or emergency regulation or any other required submittals;
295+ (C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT 2
296+PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY 3
297+REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A 4
298+UNIT. 5
329299
330- (4) allow the Joint Committee and the Department of Legislative Services
331-to access and download, in a format required by the Department of Legislative Services, all
332-information submitted by a unit relating to a proposed or emergency regulation;
333- Ch. 350 2023 LAWS OF MARYLAND
300+ (2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY 6
301+THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION. 7
334302
335-– 8 –
336- (5) allow the Joint Committee and the Department of Legislative Services
337-to approve emergency regulations, including providing for the time period during which the
338-emergency regulation is approved;
303+ (II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE 8
304+COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE 9
305+NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE 10
306+ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE. 11
339307
340- (6) allow a unit to view all information pertaining to a proposed or
341-emergency regulation submitted by the unit, including all tracking information;
308+ (3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE 12
309+DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE THAT NOTICE OF THE 13
310+RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR 14
311+UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND 15
312+THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER. 16
342313
343- (7) allow the tracking of regulatory holds; and
314+ (II) WHEN THE ADMINISTRATOR T RANSMITS A PROPOSED OR 17
315+EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF 18
316+LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF 19
317+THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION 20
318+TO THE DIVISION. 21
344319
345- (8) include the functionalities necessary for the Division to publish the
346-Maryland Register.
320+ (4) (I) SUBMISSION OF A REGULATION , A WORK PLAN , OR AN 22
321+EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT 23
322+SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A 24
323+REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR 25
324+FOR PUBLICAT ION IN THE REGISTER. 26
347325
348- (d) On or before December 31, 2023, the Administrator Department of
349-Information Technology Administrator shall report to the Joint Committee on
350-Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the
351-State Government Article, on the status of the development and deployment of the
352-electronic filing system required under this section.
326+ (II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO 27
327+SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING 28
328+THE REGULATION TO TH E DIVISION. 29
353329
354- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
355-effect June 1, 2023.
330+ SECTION 2. AND BE IT FURTHER ENACTED, That: 30
356331
357- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
358-3 of this Act, this Act shall take effect October 1, 2023.
332+ (a) On or before October 1, 2023, the Department of Information Technology, in 31
333+consultation with the Administrator of the Division of State Documents, shall develop and 32
334+maintain an electronic filing system for use by units of State government, the Joint 33
335+Committee on Administrative, Executive, and Legislative Review, the Department of 34 8 HOUSE BILL 817
359336
360-Approved by the Governor, May 3, 2023.
337+
338+Legislative Services, and the Division of State Documents for the submission and tracking 1
339+of proposed and emergency regulations from the time of submission to the Joint Committee 2
340+through publication in the Maryland Register and final approval by the unit or, in the case 3
341+of an emergency regulation, approval by the Joint Committee. 4
342+
343+ (b) The Administrator shall consult with the Department Department of 5
344+Information Technology shall consult with the Administrator and the Department of 6
345+Legislative Services Administrator shall consult with the Department on the functionality 7
346+and security of the electronic filing system. 8
347+
348+ (c) The electronic filing system shall: 9
349+
350+ (1) allow a unit to upload, in a format approved by the Administrator and 10
351+the Department of Legislative Services, the text of a proposed or emergency regulation 11
352+along with all statutorily required information; 12
353+
354+ (2) contain a tracking function and automated notification system by which 13
355+the Joint Committee and the Department of Legislative Services shall be sent notice of new 14
356+or updated proposed or emergency regulations; 15
357+
358+ (3) prohibit anyone other than Division employees from modifying the text 16
359+of a submitted proposed or emergency regulation or any other required submittals; 17
360+
361+ (4) allow the Joint Committee and the Department of Legislative Services 18
362+to access and download, in a format required by the Department of Legislative Services, all 19
363+information submitted by a unit relating to a proposed or emergency regulation; 20
364+
365+ (5) allow the Joint Committee and the Department of Legislative Services 21
366+to approve emergency regulations, including providing for the time period during which the 22
367+emergency regulation is approved; 23
368+
369+ (6) allow a unit to view all information pertaining to a proposed or 24
370+emergency regulation submitted by the unit, including all tracking information; 25
371+
372+ (7) allow the tracking of regulatory holds; and 26
373+
374+ (8) include the functionalities necessary for the Division to publish the 27
375+Maryland Register. 28
376+
377+ (d) On or before December 31, 2023, the Administrator Department of 29
378+Information Technology Administrator shall report to the Joint Committee on 30
379+Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the 31
380+State Government Article, on the status of the development and deployment of the 32
381+electronic filing system required under this section. 33
382+
383+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 34
384+effect June 1, 2023. 35 HOUSE BILL 817 9
385+
386+
387+
388+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
389+3 of this Act, this Act shall take effect October 1, 2023. 2
390+
391+
392+
393+
394+Approved:
395+________________________________________________________________________________
396+ Governor.
397+________________________________________________________________________________
398+ Speaker of the House of Delegates.
399+________________________________________________________________________________
400+ President of the Senate.