Maryland 2023 Regular Session

Maryland Senate Bill SB218 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	sb0218
6	6
7	7	SENATE BILL 218
8	8	P4 CONSTITUTIONAL AMENDMENT 3lr0948
9	9	CF 3lr0570
10	10	By: Senators McCray, Jackson, Benson, and Hettleman
11	11	Introduced and read first time: January 23, 2023
12	12	Assigned to: Budget and Taxation and Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Arbitration Reform for State Employees Act of 2023 2
19	19
20	20	FOR the purpose of altering the collective bargaining process for State employees, including 3
21	21	by requiring the selection of a neutral arbitrator to oversee all aspects of collective 4
22	22	bargaining, establishing a process of arbitration in the event of impasse, and 5
23	23	providing that certain decisions of a neutral arbitrator are advisory; altering the 6
24	24	matters that are required to be included in collective bargaining; requiring that each 7
25	25	budget bill contain the appropriations necessary to implement all terms and 8
26	26	conditions of employment in certain memoranda of understanding for the next 9
27	27	ensuing fiscal year; and generally relating to collective bargaining for State 10
28	28	employees. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – State Finance and Procurement 13
32	32	Section 7–108 14
33	33	Annotated Code of Maryland 15
34	34	(2021 Replacement Volume and 2022 Supplement) 16
35	35
36	36	BY repealing and reenacting, with amendments, 17
37	37	Article – State Personnel and Pensions 18
38	38	Section 3–103, 3–501, 3–502, and 3–603 19
39	39	Annotated Code of Maryland 20
40	40	(2015 Replacement Volume and 2022 Supplement) 21
41	41
42	42	BY adding to 22
43	43	Article – State Personnel and Pensions 23
44	44	Section 3–503 24
45	45	Annotated Code of Maryland 25
46	46	(2015 Replacement Volume and 2022 Supplement) 26
47	47
48	48	BY proposing an amendment to the Maryland Constitution 27 2 SENATE BILL 218
49	49
50	50
51	51	Article III – Legislative Department 1
52	52	Section 52 2
53	53
54	54	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55	55	That the Laws of Maryland read as follows: 4
56	56
57	57	Article – State Finance and Procurement 5
58	58
59	59	7–108. 6
60	60
61	61	(a) In accordance with the Maryland Constitution and other law, the Governor 7
62	62	shall include in each budget bill: 8
63	63
64	64	(1) an appropriation to pay the principal of and interest on the State debt; 9
65	65
66	66	(2) without revision, the appropriations requested for public schools, as 10
67	67	certified by the State Superintendent of Schools; 11
68	68
69	69	(3) without revision, the appropriations requested for the Legislative 12
70	70	Branch of the State government, as certified by the presiding officers of the General 13
71	71	Assembly; 14
72	72
73	73	(4) without revision, the appropriations requested for the Judicial Branch 15
74	74	of the State government, as certified by the Chief Judge of the Court of Appeals; 16
75	75
76	76	(5) the appropriations requested by the Governor for the Executive Branch 17
77	77	of the State government; 18
78	78
79	79	(6) the appropriations required by law to be included with the 19
80	80	appropriations for the Executive Branch; 20
81	81
82	82	(7) appropriations for the salaries required by law to be paid by the State; 21
83	83	and 22
84	84
85	85	(8) any other appropriations required by the Maryland Constitution or 23
86	86	other law to be included in the budget bill. 24
87	87
88	88	(b) The Governor shall use the current salary plan of the Secretary of Budget and 25
89	89	Management as the basis for the appropriations to pay those salaries to which the plan 26
90	90	applies. 27
91	91
92	92	(C) IN ADDITION TO THE AP PROPRIATIONS REQUIRE D IN SUBSECTION (A) 28
93	93	OF THIS SECTION, THE GOVERNOR SHALL INCLUD E IN EACH ANNUAL BUD GET BILL 29
94	94	THE APPROPRIATIONS N ECESSARY TO IMPLEMEN T AND FUND ALL TERMS WITHIN 30
95	95	EACH MEMORAND UM OF UNDERSTANDING BETWEEN: 31
96	96	SENATE BILL 218 3
97	97
98	98
99	99	(1) THE STATE AND EACH EXCLUS IVE REPRESENTATIVE O F ITS 1
100	100	EMPLOYEES; 2
101	101
102	102	(2) STATE INSTITUTIONS OF HIGHER EDUCATION , INCLUDING THE 3
103	103	UNIVERSITY SYSTEM OF MARYLAND, AND EACH EXCLUSIVE R EPRESENTATIVE OF 4
104	104	THEIR EMPLOYEES ; AND 5
105	105
106	106	(3) THE MARYLAND ENVIRONMENTAL SERVICE AND EACH 6
107	107	EXCLUSIVE REPRESENTA TIVE OF ITS EMPLOYEE S. 7
108	108
109	109	Article – State Personnel and Pensions 8
110	110
111	111	3–103. 9
112	112
113	113	This title and any agreement under this title do not limit or otherwise interfere with 10
114	114	the powers of the Governor or the Maryland General Assembly [under], EXCEPT TO 11
115	115	OPERATE IN ACCORDANC E WITH AND HAVE THE EFFECT REQUIRED BY Article III, § 12
116	116	52 of the Maryland Constitution. 13
117	117
118	118	3–501. 14
119	119
120	120	(a) (1) The following individuals or entities shall designate one or more 15
121	121	representatives to participate as a party in collective bargaining on behalf of the State or 16
122	122	the following institutions: 17
123	123
124	124	(i) on behalf of the State, the Governor; 18
125	125
126	126	(ii) on behalf of the Maryland Environmental Service, the Board of 19
127	127	Directors of the Service; 20
128	128
129	129	(iii) on behalf of the University System of Maryland, the Chancellor; 21
130	130	and 22
131	131
132	132	(iv) on behalf of Morgan State University, St. Mary’s College of 23
133	133	Maryland, or Baltimore City Community College, the governing board of the institution. 24
134	134
135	135	(2) The exclusive representative shall designate one or more 25
136	136	representatives to participate as a party in collective bargaining on behalf of the exclusive 26
137	137	representative. 27
138	138
139	139	(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 28
140	140	parties shall meet at reasonable times [and] BETWEEN JULY 1 AND SEPTEMBER 30 TO 29
141	141	engage in collective bargaining in good faith[, including facilitating the meaningful use of 30
142	142	a fact finder under subsection (c)(3) of this section,] and to conclude a written memorandum 31
143	143	of understanding or other written understanding as defined under § 3–101(d)(1)(ii) of this 32
144	144	title. 33 4 SENATE BILL 218
145	145
146	146
147	147
148	148	(2) (I) FOR EACH BARGAINING U NIT, WHENEVER A MEMORANDU M 1
149	149	OF UNDERSTANDING IS TO BE NEGOTIATED , REOPENED, OR AMENDED , THE PARTIES 2
150	150	SHALL FIRST SELECT A NEUTRAL ARBITRATOR F OR THE NEGOTIATIONS ON OR 3
151	151	BEFORE JULY 15. 4
152	152
153	153	(II) THE ARBITRATOR SHALL BE SELECTED FROM A L IST OF 15 5
154	154	ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION’S LABOR 6
155	155	ARBITRATION PANEL . 7
156	156
157	157	(III) THE LIST SHALL CONSIS T OF QUALIFIED , NATIONWIDE 8
158	158	ARBITRATORS WHO ARE MEMBERS OF TH E NATIONAL ACADEMY OF ARBITRATION. 9
159	159
160	160	(IV) THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 10
161	161	ALTERNATELY STRIKING NAMES FROM THE LIST UNTIL ONE NAME REMAI NS. 11
162	162
163	163	(V) THE SELECTED ARBITRAT OR MUST BE ABLE AND 12
164	164	AVAILABLE TO PERFORM THE DUTIES AND TO HO LD HEARINGS, BOTH IN PERSON 13
165	165	AND THROUGH REMOTE C OMMUNICATION , CONSISTENT WITH THIS TITLE. 14
166	166
167	167	(VI) THE ARBITRATOR SHALL HAVE THE POWERS AND 15
168	168	RESPONSIBILITIES UND ER § 3–503 OF THIS SUBTITLE. 16
169	169
170	170	(VII) THE SELECTED ARBITRAT OR SHALL ACCEPT THE 17
171	171	APPOINTMENT BEFORE JULY 15, OR THE PARTIES MAY AGRE E TO MAKE AN 18
172	172	ALTERNATIVE APPOINTM ENT FROM: 19
173	173
174	174	1. THE LIST ORIGINALLY PROVIDED BY THE AMERICAN 20
175	175	ARBITRATION ASSOCIATION; OR 21
176	176
177	177	2. A LIST OF NATIONWIDE ARBITRATORS PROVIDED BY 22
178	178	THE FEDERAL MEDIATION AND CONCILIATION SERVICE. 23
179	179
180	180	(3) THE PARTIES SHALL MAKE A REASONABLE EFFORT TO BEGIN 24
181	181	NEGOTIATIONS ON OR N EAR JULY 1, INCLUDING THE EXCHAN GE OF INFORMATION 25
182	182	NECESSARY TO RESPONS IBLY CONDUCT AND CON CLUDE NEGOTIATIONS B Y 26
183	183	SEPTEMBER 30. 27
184	184
185	185	(c) [(1) The parties shall make every reasonable effort to conclude negotiations 28
186	186	in a timely manner for inclusion by the principal unit in its budget request to the Governor. 29
187	187
188	188	(2) (i) The parties shall conclude negotiations before January 1 for any 30
189	189	item requiring an appropriation of funds for the fiscal year that begins on the following 31
190	190	July 1. 32 SENATE BILL 218 5
191	191
192	192
193	193
194	194	(ii) In the budget bill submitted to the General Assembly, the 1
195	195	Governor shall include any amounts in the budgets of the principal units required to 2
196	196	accommodate any additional cost resulting from the negotiations, including the actuarial 3
197	197	impact of any legislative changes to any of the State pension or retirement systems that 4
198	198	are required, as a result of the negotiations, for the fiscal year beginning the following July 5
199	199	1 if the legislative changes have been negotiated to become effective in that fiscal year. 6
200	200
201	201	(3) (i) If the parties do not conclude negotiations for the next fiscal year 7
202	202	before October 25, either party may request that a fact finder be employed to resolve the 8
203	203	issues. 9
204	204
205	205	(ii) The fact finder shall be employed no later than November 1. 10
206	206
207	207	(iii) A fact finder shall be a neutral party appointed by alternate 11
208	208	striking from a list by the parties provided: 12
209	209
210	210	1. by the Federal Mediation and Conciliation Service; or 13
211	211
212	212	2. under the Labor Arbitration Rules of the American 14
213	213	Arbitration Association. 15
214	214
215	215	(iv) The fact finder: 16
216	216
217	217	1. may give notice and hold hearings in accordance with the 17
218	218	Administrative Procedure Act; 18
219	219
220	220	2. may administer oaths and take testimony and other 19
221	221	evidence; 20
222	222
223	223	3. may issue subpoenas; and 21
224	224
225	225	4. before November 20, shall make written recommendations 22
226	226	regarding wages, hours, and working conditions, and any other terms or conditions of 23
227	227	employment that may be in dispute. 24
228	228
229	229	(v) The written recommendations of the fact finder shall be delivered 25
230	230	to the Governor, the exclusive representative, the President of the Senate, and the Speaker 26
231	231	of the House of Delegates by the Secretary on or before December 1. 27
232	232
233	233	(d)] (1) A memorandum of understanding [that incorporates all matters of 28
234	234	agreement reached by the parties] REACHED BY MUTUAL AG REEMENT shall be executed 29
235	235	by the exclusive representative and: 30
236	236
237	237	(i) for a memorandum of understanding relating to the State, the 31
238	238	Governor or the Governor’s designee; 32
239	239	6 SENATE BILL 218
240	240
241	241
242	242	(ii) for a memorandum of understanding relating to the Maryland 1
243	243	Environmental Service, the Board of Directors of the Service; 2
244	244
245	245	(iii) for a memorandum of understanding relating to a system 3
246	246	institution, the Chancellor or the Chancellor’s designee; and 4
247	247
248	248	(iv) for a memorandum of understanding relating to Morgan State 5
249	249	University, St. Mary’s College of Maryland, or Baltimore City Community College, the 6
250	250	governing board of the institution or the governing board’s designee. 7
251	251
252	252	(2) To the extent [these] matters INCORPORATED IN A ME MORANDUM 8
253	253	OF UNDERST ANDING require legislative approval or the appropriation of funds, the 9
254	254	matters shall be [recommended] REFERRED to the General Assembly for approval or for 10
255	255	the appropriation of funds AS REQUIRED UNDER ARTICLE III, § 52 OF THE MARYLAND 11
256	256	CONSTITUTION . 12
257	257
258	258	(3) To the extent matters involving a State institution of higher education 13
259	259	require legislative approval, the legislation shall be [recommended] REFERRED to the 14
260	260	Governor [for submission to] AND the General Assembly. 15
261	261
262	262	[(e)] (D) Negotiations for a memorandum of understanding shall be considered 16
263	263	closed sessions under § 3–305 of the General Provisions Article. 17
264	264
265	265	[(f)] (E) (1) The terms of a memorandum of understanding executed by the 18
266	266	Governor or the Governor’s designee and an exclusive representative of a bargaining unit 19
267	267	for skilled service or professional service employees in the State Personnel Management 20
268	268	System are not applicable to employees of a State institution of higher education. 21
269	269
270	270	(2) The terms of a memorandum of understanding executed by the 22
271	271	Chancellor or the governing board of Morgan State University, St. Mary’s College of 23
272	272	Maryland, or Baltimore City Community College, or their respective designees, and the 24
273	273	exclusive representative of a bargaining unit for employees of a State institution of higher 25
274	274	education are not applicable to skilled service or professional service employees in the State 26
275	275	Personnel Management System. 27
276	276
277	277	3–502. 28
278	278
279	279	(a) Collective bargaining shall include all matters relating to: 29
280	280
281	281	(1) wages, hours, FRINGE BENEFITS , HEALTH BENEFITS , PENSION 30
282	282	BENEFITS, and other terms and conditions of employment; and 31
283	283
284	284	(2) the time and manner of access to a new employee program as required 32
285	285	under § 3–307 of this title. 33
286	286
287	287	(b) [(1) Collective bargaining may include negotiations relating to the right of 34 SENATE BILL 218 7
288	288
289	289
290	290	an employee organization to receive service fees from nonmembers. 1
291	291
292	292	(2) An employee whose religious beliefs are opposed to joining or financially 2
293	293	supporting any collective bargaining organization is: 3
294	294
295	295	(i) not required to pay a service fee; and 4
296	296
297	297	(ii) required to pay an amount of money as determined in collective 5
298	298	bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 6
299	299	this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 7
300	300	the Internal Revenue Code and to furnish written proof of the payment to: 8
301	301
302	302	1. A. the Department; 9
303	303
304	304	B. in the case of an employee of the Maryland Environmental 10
305	305	Service, the Board of Directors of the Service; or 11
306	306
307	307	C. in the case of an employee of an institution of higher 12
308	308	education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 13
309	309	President’s designee; and 14
310	310
311	311	2. the exclusive representative. 15
312	312
313	313	(c)] Notwithstanding subsection (a) of this section, the representatives of the 16
314	314	State, the Maryland Environmental Service, a system institution, Morgan State 17
315	315	University, St. Mary’s College of Maryland, and Baltimore City Community College: 18
316	316
317	317	(1) [shall] MAY not be required to negotiate over any matter that is 19
318	318	inconsistent with applicable law; and 20
319	319
320	320	(2) may negotiate and reach agreement with regard to any such matter 21
321	321	THAT IS INCONSISTENT WITH APPLICABLE LAW only if it is understood that, WITH 22
322	322	RESPECT TO THE MATTE R, the agreement [with respect to such matter] OR 23
323	323	MEMORANDUM OF UNDERS TANDING cannot become effective unless the applicable law 24
324	324	is amended by the General Assembly. 25
325	325
326	326	3–503. 26
327	327
328	328	(A) (1) A NEUTRAL ARBITRATOR S ELECTED UNDER § 3–501(B) OF THIS 27
329	329	SUBTITLE: 28
330	330
331	331	(I) MAY MEDIATE OR AID I N THE RESOLUTION OF ANY DISPUTE 29
332	332	BETWEEN THE PARTIES REGARDING THE CONDUCT OF NE GOTIATIONS, INCLUDING 30
333	333	WHETHER THE CONDUCT OF A PARTY IS IN GOO D FAITH; 31
334	334
335	335	(II) MAY RECEIVE FROM THE PARTIES COPIES OF IN FORMATION 32 8 SENATE BILL 218
336	336
337	337
338	338	REQUESTS PRESENTED A ND RESPONSES RECEIVE D, TO MEDIATE OR AID IN THE 1
339	339	RESOLUTION OF DISPUT ES OVER THE TIMEL INESS AND SUFFICIENC Y OF 2
340	340	INFORMATION DEMANDS AND PRODUCTION ; 3
341	341
342	342	(III) MAY ISSUE OPINIONS I N ORDER TO HELP TO R ESOLVE 4
343	343	DISPUTES OVER REQUES TS FOR INFORMATION O R PROMOTE BARGAINING IN GOOD 5
344	344	FAITH CONSISTENT WIT H THIS TITLE; AND 6
345	345
346	346	(IV) MAY DIRECT PRODUCTIO N OF ESTIMATES OF REVE NUES 7
347	347	AND EXPENDITURES COM PILED BY THE STATE BOARD OF REVENUE ESTIMATES, 8
348	348	THE BUREAU OF REVENUE ESTIMATES, OR THE CONSENSUS REVENUE 9
349	349	MONITORING AND FORECASTING GROUP. 10
350	350
351	351	(2) (I) THE OPINIONS AND GUID ANCE ISSUED BY THE N EUTRAL 11
352	352	ARBITRATOR UN DER THIS SUBSECTION SHALL BE ADVISORY ON THE PARTIES AND 12
353	353	THE GOVERNOR. 13
354	354
355	355	(II) THE PROCESS SET OUT I N THIS SUBSECTION DO ES NOT 14
356	356	DIMINISH OR LIMIT TH E RIGHTS OF ANY PART Y TO FILE AND PURSUE A COMPLAINT 15
357	357	OF UNFAIR LABOR PRAC TICES BEFORE THE BOARD. 16
358	358
359	359	(B) (1) IF AN IMPASSE IS DECL ARED ON OR AFTER OCTOBER 1, 17
360	360	ARBITRATION SHALL PR OCEED AS DESCRIBED I N THIS SUBSECTION . 18
361	361
362	362	(2) (I) ON THE FIFTH BUSINESS DAY AFTER THE IMPASS E IS 19
363	363	DECLARED, EACH PARTY SHALL SUB MIT TO THE NEUTRAL A RBITRATOR, IN WRITING 20
364	364	AND WITH A COPY TO THE OTHER PARTY , A LAST, BEST, AND FINAL OFFER , 21
365	365	INCLUDING: 22
366	366
367	367	1. ALL PROVISIONS IN TH E EXISTING MEMORANDU M OF 23
368	368	UNDERSTANDING NOT TO BE MODIFIED; 24
369	369
370	370	2. ALL NEW, AMENDED, OR MODIFIED MEMORAND UM OF 25
371	371	UNDERSTANDING PROVIS IONS AGREED TO BY TH E PARTIES BEFORE T HE IMPASSE 26
372	372	WAS DECLARED THAT AR E TO BE INCLUDED THR OUGH WRITTEN MUTUAL 27
373	373	AGREEMENT ; AND 28
374	374
375	375	3. SUBJECT TO SUBPARAGR APH (II) OF THIS 29
376	376	PARAGRAPH , DETAILED FURTHER PRO VISIONS THAT A PARTY IS PROPOSING FOR 30
377	377	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 31
378	378
379	379	(II) FURTHER PROVISIONS ARE LIMITED TO SPECIFIC 32
380	380	PROPOSALS THAT WERE SUBMITTED IN WRITING TO THE OTHER PARTY A ND WERE 33 SENATE BILL 218 9
381	381
382	382
383	383	THE SUBJECT OF COLLE CTIVE BARGAINING BET WEEN THE PARTIES UP TO THE TIME 1
384	384	OF IMPASSE, INCLUDING PROPOSALS THAT THE PARTIES HAV E DECIDED TO 2
385	385	INCLUDE IN THE MEMORANDUM OF UN DERSTANDING THROUGH WRITTEN MUTUAL 3
386	386	AGREEMENT . 4
387	387
388	388	(3) THE NEUTRAL ARBITRATO R ACTING AS A MEDIAT OR SHALL 5
389	389	ATTEMPT TO RESOLVE T HE IMPASSE BEFORE A FORMAL HEARING ON TH E IMPASSE. 6
390	390
391	391	(4) (I) WITHIN 30 CALENDAR DAYS AFTER A DECLARED IMPASSE , 7
392	392	THE NEUTRAL ARBITRAT OR SHALL HOLD A FORM AL HEARING AT WHICH THE 8
393	393	PARTIES MAY SUBMIT , IN WRITING OR ORAL T ESTIMONY, ALL INFORMATION OR 9
394	394	DATA SUPPORTING THE FINAL POSITIONS. 10
395	395
396	396	(II) ABSENT MUTUAL AGREEME NT BETWEEN THE PARTI ES, OR 11
397	397	AS OTHERWISE ORDERED BY THE NEUTRAL ARBITRATOR , THE FORMAL HEARING 12
398	398	SHALL CONCLUDE WITHI N 45 CALENDAR DAYS AFTER THE IMPASSE DATE . 13
399	399
400	400	(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 14
401	401	PARAGRAPH , THE ARBITRATION SHAL L CONCLUDE WITH A WR ITTEN AWARD THAT 15
402	402	SUSTAINS IN ITS ENTI RETY THE LAST, BEST, AND FINAL OFFER OF O NE OF THE 16
403	403	PARTIES. 17
404	404
405	405	(II) BEFORE A WRITTEN AWAR D IS ISSUED , BY WRITTEN 18
406	406	AGREEMENT SIGNED BY THE REPRESENTATIVES OF THE PARTIES PARTI CIPATING IN 19
407	407	THE ARBITRATION , THE PARTIES MAY DIRE CT THE NEUTRAL ARBIT RATOR TO RULE 20
408	408	ON SPECIFICALLY IDENTIFIED TOPICS OF BARGAINING . 21
409	409
410	410	(6) (I) THE NEUTRAL ARBITRATO R SHALL ISSUE A PREL IMINARY 22
411	411	WRITTEN AWARD ON OR BEFORE DECEMBER 5. 23
412	412
413	413	(II) THE PRELIMINARY WRITT EN AWARD SHALL ADDRE SS ALL 24
414	414	PROVISIONS THAT EACH PARTY PROPOSED IN IT S RESPECTIVE FINAL POSITION FOR 25
415	415	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 26
416	416
417	417	(III) WITHIN 5 BUSINESS DAYS AFTER RECEIPT OF THE 27
418	418	PRELIMINARY WRITTEN AWARD, THE PARTIES SHALL RE VIEW THE AWARD AND M AY 28
419	419	SEVERALLY OR MUTUALL Y REQUEST CHANGES OR ADJUSTMENTS IN THE A WARD. 29
420	420
421	421	(IV) ON OR BEFORE DECEMBER 15, THE NEUTRAL ARBITRAT OR 30
422	422	SHALL ISSUE A FINAL WRITTEN AWARD IN WHI CH THE ARBITRATOR : 31
423	423
424	424	1. SHALL ORDER IMPLEMEN TATION OF THE LAST , BEST, 32
425	425	AND FINAL OFFER OF E ITHER PARTY IN ITS E NTIRETY, INCORPORATING ANY 33 10 SENATE BILL 218
426	426
427	427
428	428	VOLUNTARILY –AGREED–TO TERMS BETWEEN THE PARTIES; AND 1
429	429
430	430	2. SHALL INCLUDE : 2
431	431
432	432	A. ANY VOLUNTARILY –AGREED–TO TERMS BETWEEN 3
433	433	THE PARTIES; AND 4
434	434
435	435	B. ANY PRIOR TERM THAT BY AGREEMENT IS NOT TO BE 5
436	436	CHANGED FOR THE NEXT FISCAL YEAR. 6
437	437
438	438	(V) AFTER DECEMBER 15, IF REQUESTED BY EITHER PARTY , 7
439	439	THE NEUTRAL ARBITRAT OR SHALL ISSUE BY JANUARY 20 OF THE IMMEDIATELY 8
440	440	FOLLOWING YEAR , A STATEMENT OF REASO NS FOR THE FINAL WRI TTEN AWARD. 9
441	441
442	442	(7) THE NEUTRAL ARBITRATO R SHALL CONSIDER THE FOLLOWING 10
443	443	WHEN DEVELOPING A WR ITTEN AWARD: 11
444	444
445	445	(I) THE LAWFUL AUTHORITY OF TH E EMPLOYER , INCLUDING 12
446	446	THE OBLIGATION OF TH E EMPLOYER TO USE SP ECIAL FUNDS ONLY FOR 13
447	447	AUTHORIZED PURPOSES UNDER LIMITATIONS IM POSED BY FEDERAL OR STATE LAW; 14
448	448
449	449	(II) STIPULATIONS OF THE PARTIES; 15
450	450
451	451	(III) THE INTERESTS AND WE LFARE OF THE P UBLIC; 16
452	452
453	453	(IV) THE FINANCIAL ABILIT Y OF THE EMPLOYER TO MEET 17
454	454	COSTS, WITHOUT THE PREMISE THAT THE EMPLOYER MA Y NEED TO INCREASE O R 18
455	455	IMPOSE NEW TAXES , FEES, OR CHARGES , OR DEVELOP OTHER SOU RCES OF 19
456	456	REVENUE; 20
457	457
458	458	(V) THE PRESENT AND FUTU RE GENERAL ECONOMIC 21
459	459	CONDITION OF THE STATE OR STATE INSTITUTIONS OF HIGHER EDUCATION ; 22
460	460
461	461	(VI) COMPARISONS OF WAGES , HOURS, AND CONDITIONS OF 23
462	462	EMPLOYMENT OF THE EM PLOYEES INVOLVED WIT H ARBITRATION WITH T HE WAGES, 24
463	463	HOURS, AND CONDITIONS OF EM PLOYMENT OF OTHER EM PLOYEES PERFORMIN G 25
464	464	SIMILAR SERVICES IN PUBLIC EMPLOYMENT IN ADJACENT STATES ; 26
465	465
466	466	(VII) COMPARISONS OF COLLE CTIVE BARGAINING PAT TERNS IN 27
467	467	OTHER STATES AND AMO NG COUNTY EMPLOYEES IN THE STATE; 28
468	468
469	469	(VIII) CONSUMER PRICES FOR GOODS AND SERVICES A S DEFINED 29
470	470	BY PUBLIC AND PRIVAT E SOURCES; 30 SENATE BILL 218 11
471	471
472	472
473	473
474	474	(IX) THE OVERALL COMPENSA TION PRESENTLY RECEI VED BY 1
475	475	THE EMPLOYEES , INCLUDING DIRECT WAG E COMPENSATION , VACATION, HOLIDAYS, 2
476	476	EXCUSED TIME OFF , INSURANCE AND PENSIO NS COSTS, MEDICAL AND 3
477	477	HOSPITALIZATION BENE FITS, THE CONTINUITY AND S TABILITY OF EM PLOYMENT, 4
478	478	AND ALL OTHER RECEIV ED BENEFITS; 5
479	479
480	480	(X) CHANGES IN ANY OF TH E FOREGOING CIRCUMST ANCES 6
481	481	DURING THE PENDENCY OF THE ARBITRATION ; AND 7
482	482
483	483	(XI) OTHER FACTORS THAT A RE NORMALLY OR TRADI TIONALLY 8
484	484	TAKEN INTO CONSIDERA TION IN THE DETERMIN ATION OF WAGES , HOURS, AND 9
485	485	CONDITIONS OF EMPLOY MENT THROUGH VOLUNTA RY COLLECTIVE BARGAI NING, 10
486	486	MEDIATION, ARBITRATION, OR OTHERWISE BETWEEN THE PARTIES IN PUBLI C 11
487	487	SERVICE OR PRIVATE E MPLOYMENT . 12
488	488
489	489	(C) THE DECISION OF THE N EUTRAL ARBITRATOR SH ALL BE FINAL AND 13
490	490	BINDING ON THE PAR TIES. 14
491	491
492	492	(D) THE STATE, A STATE INSTITUTION OF HIGHER EDUCATION , AND THE 15
493	493	MARYLAND ENVIRONMENTAL SERVICE AND THE GOVERNOR SHALL TAKE A LL 16
494	494	ACTIONS NECESSARY TO CARRY OUT AND EFFECT UATE THE FINAL WRITT EN AWARD 17
495	495	AND PLACE INTO EFFEC T THE MEMORANDUM OF UNDERSTANDI NG. 18
496	496
497	497	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PARTIES 19
498	498	AT ANY TIME MAY AMEN D OR MODIFY THE FINA L WRITTEN AWARD AND , BY CONSENT, 20
499	499	THE AMENDMENTS OR MO DIFICATIONS SHALL BE APPROVED BY THE PART IES AND 21
500	500	PLACED IN A SUPPLEME NTAL WRITTEN AWARD B Y THE NEUTRAL ARBITRATO R THAT 22
501	501	SHALL BE FINAL AND B INDING. 23
502	502
503	503	(2) A SUPPLEMENTAL WRITTEN AWARD UNDER PARAGRAP H (1) OF 24
504	504	THIS SUBSECTION SHAL L TAKE EFFECT ON THE DATE OF THE ORDER OF THE 25
505	505	NEUTRAL ARBITRATOR A ND MAY NOT REQUIRE R ATIFICATION UNDER § 3–601 OF 26
506	506	THIS TITLE. 27
507	507
508	508	(F) A DEADLINE IN THIS SEC TION MAY BE MODIFIED , BASED ON GOOD 28
509	509	CAUSE, BY MUTUAL AGREEMENT OF THE PARTIES OR BY ORDER OF THE NEUTRAL 29
510	510	ARBITRATOR. 30
511	511
512	512	(G) (1) THE COSTS OF THE SERV ICES OF THE NEUTRAL ARBITRATOR 31
513	513	SHALL BE SHARED EQUA LLY BY THE PARTIES . 32
514	514
515	515	(2) ALL OTHER COSTS INCUR RED BY EITHER PARTY TO COMPLY WITH 33 12 SENATE BILL 218
516	516
517	517
518	518	THIS SECTION SHALL B E THE RESPONSIBILITY OF THE PARTY INCURRI NG THE 1
519	519	COSTS. 2
520	520
521	521	3–603. 3
522	522
523	523	(a) A memorandum of understanding [agreed to and ratified under § 3–601 of this 4
524	524	subtitle] may not expire until it is succeeded by a memorandum of understanding that is 5
525	525	agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 6
526	526
527	527	(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 7
528	528	understanding shall continue in force and effect without change until a successor 8
529	529	memorandum of understanding is agreed to and ratified. 9
530	530
531	531	(c) (1) Based on a verified complaint by an exclusive representative, the 10
532	532	exclusive representative may file an action in a circuit court against the State, the 11
533	533	Maryland Environmental Service, a system institution, Morgan State University, St. 12
534	534	Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 13
535	535	this section. 14
536	536
537	537	(2) On receipt of an action submitted by the exclusive representative, the 15
538	538	court shall issue a status quo order without a finding of irreparable harm to maintain a 16
539	539	memorandum of understanding and the terms in effect pending a final order in the action. 17
540	540
541	541	SECTION 2. AND BE IT FURTHER ENACTED, (Three –fifths of all the members 18
542	542	elected to each of the two Houses concurring), That it be proposed that the Maryland 19
543	543	Constitution read as follows: 20
544	544
545	545	Article III – Legislative Department 21
546	546
547	547	52. 22
548	548
549	549	(1) The General Assembly shall not appropriate any money out of the Treasury 23
550	550	except in accordance with the provisions of this section. 24
551	551
552	552	(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary 25
553	553	Appropriation Bill, as hereinafter provided. 26
554	554
555	555	(3) On the third Wednesday in January in each year, (except in the case of a newly 27
556	556	elected Governor, and then not later than ten days after the convening of the General 28
557	557	Assembly), unless such time shall be extended by the General Assembly, the Governor shall 29
558	558	submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget 30
559	559	shall contain a complete plan of proposed expenditures and estimated revenues for said 31
560	560	fiscal year and shall show the estimated surplus or deficit of revenues at the end of the 32
561	561	preceding fiscal year. EACH BUDGET SHALL ALSO CON TAIN THE APPROPRIATI ONS 33
562	562	NECESSARY TO IMPLEMENT ALL TERMS AND CONDITIONS OF EM PLOYMENT IN EACH 34
563	563	MEMORANDUM OF UNDERS TANDING CONCLUDED WI TH THE STATE, WHETHER 35 SENATE BILL 218 13
564	564
565	565
566	566	REACHED THROUGH MUTU AL AGREEMENT OR ARBI TRATION THAT IS BIND ING ON 1
567	567	THE PARTIES, THE GOVERNOR, STATE INSTITUTIONS OF HIGHER EDUCATION , AND 2
568	568	THE MARYLAND ENVIRONMENTAL SERVICE, FOR THE NEXT ENSUING FISCAL YEAR 3
569	569	FOR STATE EMPLOYEES IN TH E VARIOUS BRANCHES A ND DEPARTMENTS OF STATE 4
570	570	GOVERNMENT , INCLUDING HIGHER EDU CATION. Accompanying each Budget shall be a 5
571	571	statement showing: (a) the revenues and expenditures for the preceding fiscal year; (b) the 6
572	572	current assets, liabilities, reserves and surplus or deficit of the State; (c) the debts and 7
573	573	funds of the State; (d) an estimate of the State’s financial condition as of the beginning and 8
574	574	end of the preceding fiscal year; (e) CHANGES IN WAGES , HOURS, FRINGE BENEFITS , 9
575	575	HEALTH BENEFITS , PENSION BENEFITS , AND OTHER TERMS AND CONDITIONS OF 10
576	576	EMPLOYMENT FOR STATE EMPLOYEES INCLU DED IN EACH MEMORAND UM OF 11
577	577	UNDERSTANDING COVERI NG STATE EMPLOYEES FOR T HE NEXT ENSUING FI SCAL 12
578	578	YEAR; AND (F) any explanation the Governor may desire to make as to the important 13
579	579	features of the Budget and any suggestions as to methods for reduction or increase of the 14
580	580	State’s revenue. 15
581	581
582	582	(4) Each Budget shall embrace an estimate of all appropriations in such form and 16
583	583	detail as the Governor shall determine or as may be prescribed by law, as follows: (a) for 17
584	584	the General Assembly as certified to the Governor in the manner hereinafter provided; (b) 18
585	585	for the Executive Department; (c) for the Judiciary Department, as provided by law, as 19
586	586	certified to the Governor; (d) to pay and discharge the principal and interest of the debt of 20
587	587	the State in conformity with Section 34 of Article III of the Constitution, and all laws 21
588	588	enacted in pursuance thereof; (e) for the salaries AND FRINGE BENEFITS payable by the 22
589	589	State and under the Constitution and laws of the State, INCLUDING THOSE SALA RIES 23
590	590	AND BENEFITS COMMITT ED UNDER EACH MEMORA NDUM OF UNDERSTANDIN G 24
591	591	COVERING STATE EMPLOYEES ; (f) for the establishment and maintenance throughout 25
592	592	the State of a thorough and efficient system of public schools in conformity with Article 8 26
593	593	of the Constitution and with the laws of the State; and (g) for such other purposes as are 27
594	594	set forth in the Constitution or laws of the State. 28
595	595
596	596	(5) The Governor shall deliver to the presiding officer of each House the Budget 29
597	597	and a bill for all the proposed appropriations of the Budget classified and in such form and 30
598	598	detail as the Governor shall determine or as may be prescribed by law; and the presiding 31
599	599	officer of each House shall promptly cause said bill to be introduced therein, and such bill 32
600	600	shall be known as the “Budget Bill.” The Governor may, with the consent of the General 33
601	601	Assembly, before final action thereon by the General Assembly, amend or supplement said 34
602	602	Budget to correct an oversight, provide funds contingent on passage of pending legislation 35
603	603	or, in case of an emergency, by delivering such an amendment or supplement to the 36
604	604	presiding officers of both Houses; and such amendment or supplement shall thereby become 37
605	605	a part of said Budget Bill as an addition to the items of said bill or as a modification of or a 38
606	606	substitute for any item of said bill such amendment or supplement may affect. 39
607	607
608	608	(5a) The Budget and the Budget Bill as submitted by the Governor to the General 40
609	609	Assembly shall have a figure for the total of all proposed appropriations and a figure for 41
610	610	the total of all estimated revenues available to pay the appropriations, and the figure for 42
611	611	total proposed appropriations shall not exceed the figure for total estimated revenues. 43 14 SENATE BILL 218
612	612
613	613
614	614	Neither the Governor in submitting an amendment or supplement to the Budget Bill nor 1
615	615	the General Assembly in amending the Budget Bill shall thereby cause the figure for total 2
616	616	proposed appropriations to exceed the figure for total estimated revenues, including any 3
617	617	revisions, and in the Budget Bill as enacted the figure for total estimated revenues always 4
618	618	shall be equal to or exceed the figure for total appropriations. 5
619	619
620	620	(6) The General Assembly shall not amend the Budget Bill so as to affect either 6
621	621	the obligations of the State under Section 34 of Article III of the Constitution, or the 7
622	622	provisions made by the laws of the State for the establishment and maintenance of a system 8
623	623	of public schools or the payment of any salaries required to be paid by the State of Maryland 9
624	624	by the Constitution. 10
625	625
626	626	(6a) In enacting a balanced Budget Bill each fiscal year as required under this 11
627	627	Section, the General Assembly may amend the bill by increasing or diminishing the items 12
628	628	therein relating to the General Assembly, and by increasing or diminishing the items 13
629	629	therein relating to the judiciary, but except as hereinbefore specified, may not alter the bill 14
630	630	except to strike out or reduce items therein, provided, however, that the salary or 15
631	631	compensation of any public officer may not be decreased during the public officer’s term of 16
632	632	office. When passed by both Houses, the Budget Bill shall be presented to the Governor for 17
633	633	approval or disapproval according to Section 17 of Article II of this Constitution. 18
634	634
635	635	(6b) In enacting a balanced Budget Bill as required under this Section for fiscal 19
636	636	year 2024 and each fiscal year thereafter, the General Assembly may amend the bill by 20
637	637	increasing, diminishing, or adding items therein relating to the General Assembly, by 21
638	638	increasing, diminishing, or adding items therein relating to the judiciary, and by 22
639	639	increasing, diminishing, or adding items relating to the Executive Department, provided 23
640	640	that the total of the appropriation for the Executive Department approved by the General 24
641	641	Assembly does not exceed the total proposed appropriation for the Executive Department 25
642	642	submitted by the Governor. The salary or compensation of any public officer may not be 26
643	643	decreased during the public officer’s term of office. When passed by both Houses, the Budget 27
644	644	Bill shall be a law immediately without further action by the Governor. 28
645	645
646	646	(7) The Governor and such representatives of the executive departments, boards, 29
647	647	officers and commissions of the State expending or applying for State’s moneys, as have 30
648	648	been designated by the Governor for this purpose, shall have the right, and when requested 31
649	649	by either House of the General Assembly, it shall be their duty to appear and be heard with 32
650	650	respect to any Budget Bill during the consideration thereof, and to answer inquiries relative 33
651	651	thereto. 34
652	652
653	653	(8) Supplementary Appropriation Bill. Either House may consider other 35
654	654	appropriations but both Houses shall not finally act upon such appropriations until after 36
655	655	the Budget Bill has been finally acted upon by both Houses, and n o such other 37
656	656	appropriation shall be valid except in accordance with the provisions following: (a) Every 38
657	657	such appropriation shall be embodied in a separate bill limited to some single work, object 39
658	658	or purpose therein stated and called herein a Supplementary Appropriation Bill; (b) Each 40
659	659	Supplementary Appropriation Bill shall provide the revenue necessary to pay the 41
660	660	appropriation thereby made by a tax, direct or indirect, to be levied and collected as shall 42 SENATE BILL 218 15
661	661
662	662
663	663	be directed in said bill; (c) No Supplementary Appropriation Bill shall become a law unless 1
664	664	it be passed in each House by a vote of a majority of the whole number of the members 2
665	665	elected, and the yeas and nays recorded on its final passage; (d) Each Supplementary 3
666	666	Appropriation Bill shall be presented to the Governor of the State as provided in Section 4
667	667	17 of Article 2 of the Constitution and thereafter all the provisions of said section shall 5
668	668	apply. 6
669	669
670	670	(9) Nothing in this section shall be construed as preventing the General Assembly 7
671	671	from passing at any time, in accordance with the provisions of Section 28 of Article 3 of the 8
672	672	Constitution and subject to the Governor’s power of approval as provided in Section 17 of 9
673	673	Article 2 of the Constitution, an appropriation bill to provide for the payment of any 10
674	674	obligation of the State within the protection of Section 10 of Article 1 of the Constitution of 11
675	675	the United States. 12
676	676
677	677	(10) If the Budget Bill shall not have been finally acted upon by the Legislature 13
678	678	seven days before the expiration of the regular session, the Governor shall issue a 14
679	679	proclamation extending the session for some further period as may, in the Governor’s 15
680	680	judgment, be necessary for the passage of such bill; but no matter other than such bill shall 16
681	681	be considered during such extended session except a provision for the cost thereof. 17
682	682
683	683	(11) For the purpose of making up the Budget, the Governor shall require from the 18
684	684	proper State officials (including all executive departments, all executive and administrative 19
685	685	offices, bureaus, boards, commissions and agencies that expend or supervise the 20
686	686	expenditure of, and all institutions applying, for State moneys and appropriations) such 21
687	687	itemized estimates and other information, in such form and at such times as directed by 22
688	688	the Governor. An estimate for a program required to be funded by a law which will be in 23
689	689	effect during the fiscal year covered by the Budget and which was enacted before July 1 of 24
690	690	the fiscal year prior to that date shall provide a level of funding not less than that prescribed 25
691	691	in the law. The estimates for the Legislative Department, certified by the presiding officer 26
692	692	of each House, of the Judiciary, as provided by law, certified by the Chief Justice of the 27
693	693	Supreme Court of Maryland, and for the public schools, as provided by law, shall be 28
694	694	transmitted to the Governor, in such form and at such times as directed by the Governor, 29
695	695	and shall be included in the Budget without revision. 30
696	696
697	697	(12) The Governor may provide for public hearings on all estimates and may 31
698	698	require the attendance at such hearings of representatives of all agencies, and for all 32
699	699	institutions applying for State moneys. After such public hearings the Governor may, in 33
700	700	the Governor’s discretion, revise all estimates except those for the legislative and judiciary 34
701	701	departments, and for the public schools, as provided by law, and except that the Governor 35
702	702	may not reduce an estimate for a program below a level of funding prescribed by a law 36
703	703	which will be in effect during the fiscal year covered by the Budget, and which was enacted 37
704	704	before July 1 of the fiscal year prior thereto. 38
705	705
706	706	(13) The General Assembly may, from time to time, enact such laws not 39
707	707	inconsistent with this section, as may be necessary and proper to carry out its provisions. 40
708	708
709	709	(14) In the event of any inconsistency between any of the provisions of this Section 41 16 SENATE BILL 218
710	710
711	711
712	712	and any of the other provisions of the Constitution, the provisions of this Section shall 1
713	713	prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 2
714	714	3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or 3
715	715	be construed as preventing the Governor from calling extraordinary sessions of the General 4
716	716	Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at 5
717	717	such extraordinary sessions from considering any emergency appropriation or 6
718	718	appropriations. 7
719	719
720	720	(15) If any item of any appropriation bill passed under the provisions of this 8
721	721	Section shall be held invalid upon any ground, such invalidity shall not affect the legality 9
722	722	of the bill or of any other item of such bill or bills. 10
723	723
724	724	SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 11
725	725	determines that the amendment to the Maryland Constitution proposed by Section 2 of this 12
726	726	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 13
727	727	Constitution concerning local approval of constitutional amendments do not apply. 14
728	728
729	729	SECTION 4. AND BE IT FURTHER ENACTED, That: 15
730	730
731	731	(a) The amendment to the Maryland Constitution proposed by Section 2 of this 16
732	732	Act shall be submitted to the qualified voters of the State at the next general election to be 17
733	733	held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 18
734	734	Constitution. 19
735	735
736	736	(b) (1) At that general election, the vote on the proposed amendment to the 20
737	737	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 21
738	738	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 22
739	739	provided by law. 23
740	740
741	741	(2) At that general election, a question substantially similar to the 24
742	742	following shall be submitted to the qualified voters of the State: 25
743	743
744	744	“Question ___ – Constitutional Amendment 26
745	745
746	746	Providing that each budget shall include expenditures necessary to implement wages, 27
747	747	hours, fringe benefits, pension benefits, health benefits, and other terms and conditions of 28
748	748	employment for State employees concluded in each memorandum of understanding 29
749	749	covering State employees.”. 30
750	750
751	751	(c) Immediately after the election, all returns shall be made to the Governor of 31
752	752	the vote for and against the proposed amendment, as directed by Article XIV of the 32
753	753	Maryland Constitution, and further proceedings had in accordance with Article XIV. 33
754	754
755	755	SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 34
756	756	4 of this Act, this Act shall take effect July 1, 2023. 35
757	757