EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0649*
SENATE BILL 649
P3 3lr1850
CF HB 817
By: Senators Elfreth, M. Washington, and Ferguson
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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 to take certain actions; requiring a unit to 10
provide a certain notice to the Joint Committee in a certain manner; extending a 11
certain period of review for a certain regulation; requiring a certain notice to be 12
published in the Maryland Register within a certain time period after receipt of the 13
notice by the Joint Committee; requiring the Department to adopt certain procedures 14
for the submission of proposed and emergency regulations, work plans, and 15
evaluation reports to the Joint Committee by a unit; providing that compliance with 16
certain submission requirements does not satisfy certain other submission 17
requirements; requiring the Administrator to consult with the Department on 18
certain matters; requiring the Administrator to send a receipt of a certain 19
transmittal to a certain unit under certain circumstances; requiring the 20
Administrator, on or before a certain date, to develop and maintain a certain 21
electronic filing system in accordance with certain requirements; requiring the 22
Administrator to consult with the Department on certain matters; and generally 23
relating to regulatory procedures and the Maryland Register. 24
BY repealing and reenacting, without amendments, 25
Article – State Government 26
Section 7–201(a) and (e) and 10–101 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2022 Supplement) 29
2 SENATE BILL 649
BY repealing and reenacting, with amendments, 1
Article – State Government 2
Section 7–206.2(b), 10–110(c)(1), and 10–111(a) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2022 Supplement) 5
BY adding to 6
Article – State Government 7
Section 10–111.2(c) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2022 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – State Government 13
7–201. 14
(a) In this subtitle the following words have the meanings indicated. 15
(e) “Division” means the Division of State Documents. 16
7–206.2. 17
(b) Notwithstanding any other provision of law, the Division shall make available 18
to the public, at no cost, direct online searching of: 19
(1) the Code of Maryland Regulations (COMAR); 20
(2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register; 21
and 22
(3) any other material the Division determines to be in the public interest. 23
10–101. 24
(a) In this subtitle the following words have the meanings indicated. 25
(b) “Administrator” means the Administrator of the Division of State Documents. 26
(c) “Committee” means the Joint Committee on Administrative, Executive, and 27
Legislative Review. 28
(d) “Local government unit” means: 29
(1) a county; 30 SENATE BILL 649 3
(2) a municipal corporation; 1
(3) a special district that is established by State law and that operates 2
within a single county; 3
(4) a special district that is established by a county pursuant to public 4
general law; or 5
(5) an office, board, or department that is established in each county under 6
State law and that is funded, pursuant to State law, at least in part by the county governing 7
body. 8
(e) “Mandate” means a directive in a regulation that requires a local government 9
unit to perform a task or assume a responsibility that has a discernible fiscal impact on the 10
local government unit. 11
(f) “Register” means the Maryland Register. 12
(g) (1) “Regulation” means a statement or an amendment or repeal of a 13
statement that: 14
(i) has general application; 15
(ii) has future effect; 16
(iii) is adopted by a unit to: 17
1. detail or carry out a law that the unit administers; 18
2. govern organization of the unit; 19
3. govern the procedure of the unit; or 20
4. govern practice before the unit; and 21
(iv) is in any form, including: 22
1. a guideline; 23
2. a rule; 24
3. a standard; 25
4. a statement of interpretation; or 26
5. a statement of policy. 27 4 SENATE BILL 649
(2) “Regulation” does not include: 1
(i) a statement that: 2
1. concerns only internal management of the unit; and 3
2. does not affect directly the rights of the public or the 4
procedures available to the public; 5
(ii) a response of the unit to a petition for adoption of a regulation, 6
under § 10–123 of this subtitle; or 7
(iii) a declaratory ruling of the unit as to a regulation, order, or 8
statute, under Subtitle 3 of this title. 9
(3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means 10
all or any portion of a regulation. 11
(h) “Small business” has the meaning stated in § 2–1505.2 of this article. 12
(i) “Substantively” means in a manner substantially affecting the rights, duties, 13
or obligations of: 14
(1) a member of a regulated group or profession; or 15
(2) a member of the public. 16
(j) “Unit” means an officer or unit authorized by law to adopt regulations. 17
10–110. 18
(c) (1) (I) At least 15 days before the date a proposed regulation is 19
submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN 20
ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE , the promulgating unit shall 21
submit the proposed regulation to the Committee [and], the Department of Legislative 22
Services, AND THE ADMINISTRATOR . 23
(II) IF A UNIT WANTS TO ALTER THE TEXT OF A PROPOS ED 24
REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE 25
DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANCE WITH SUBPARAGRAPH 26
(I) OF THIS PARAGRAPH , SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR 27
PUBLICATION DIFFERS SUBSTANTIVELY FROM T HE TEXT PREVIOUSLY SUBMITTED 28
TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES, THE UNIT 29
SHALL: 30
SENATE BILL 649 5
1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 1
LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; 2
2. WITHDRAW THE PROPOSE D REGULATION ; AND 3
3. RESUBMIT THE PROPOSE D REGULATION WITH THE 4
ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES, 5
AND THE ADMINISTRATOR AT LEAST 15 DAYS PRIOR TO PUBLICATION IN THE 6
REGISTER. 7
10–111. 8
(a) (1) Except as provided in subsection (b) of this section, a unit may not adopt 9
a proposed regulation until: 10
(i) after submission of the proposed regulation to the Committee for 11
preliminary review under § 10–110 of this subtitle; and 12
(ii) at least 45 days after its first publication in the Register. 13
(2) (i) If the Committee determines that an appropriate review cannot 14
reasonably be conducted within 45 days and that an additional period of review is required, 15
it may delay the adoption of the regulation by so notifying the promulgating unit and the 16
Division of State Documents, in writing, prior to the expiration of the 45–day period. 17
(ii) If notice is provided to the promulgating unit pursuant to 18
subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation 19
until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to 20
adopt the regulation and provides the Committee with a further period of review of the 21
regulation that terminates not earlier than the later of the following: 22
1. the [30th] 60TH day following the notice provided by the 23
promulgating unit under this subparagraph; or 24
2. the 105th day following the initial publication of the 25
regulation in the Register. 26
(III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS 27
PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION 28
SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RE CEIPT OF THE 29
NOTICE BY THE COMMITTEE. 30
(3) The promulgating unit shall permit public comment for at least 30 days 31
of the 45–day period under paragraph (1)(ii) of this subsection. 32
10–111.2. 33 6 SENATE BILL 649
(C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT 1
PROCEDURES FOR THE REQ UIRED SUBMISSION OF PROPOSED AND EMERGEN CY 2
REGULATIONS , WORK PLANS , AND EVALUATION REPOR TS TO THE COMMITTEE BY A 3
UNIT. 4
(2) (I) EACH UNIT SHALL FOLLOW THE PROCEDURES ADOPTED B Y 5
THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION. 6
(II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE 7
COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE 8
NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE 9
ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE. 10
(3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE 11
DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE TH AT NOTICE OF THE 12
RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR 13
UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND 14
THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER. 15
(II) WHEN THE ADMINISTRATOR TRANSMITS A PROPOSED OR 16
EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF 17
LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF 18
THE TRANSMITTAL TO THE UNIT THAT ORI GINALLY SUBMITTED TH E REGULATION 19
TO THE DIVISION. 20
(4) (I) SUBMISSION OF A REGUL ATION, A WORK PLAN , OR AN 21
EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT 22
SATISFY ANY REQUIREM ENT UNDER THIS SUBTITLE FOR A UNIT TO SUBMIT A 23
REGULATION , A WORK PLAN, OR AN EVALUATION REPORT TO THE ADMINISTRATOR 24
FOR PUBLICATION IN T HE REGISTER. 25
(II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO 26
SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING 27
THE REGULATIO N TO THE DIVISION. 28
SECTION 2. AND BE IT FURTHER ENACTED, That: 29
(a) On or before October 1, 2023, the Administrator of the Division of State 30
Documents shall develop and maintain an electronic filing system for use by units of State 31
government, the Joint Committee on Administrative, Executive, and Legislative Review, 32
the Department of Legislative Services, and the Division of State Documents for the 33
submission and tracking of proposed and emergency regulations from the time of 34
submission to the Joint Committee through publication in the Maryland Register and final 35 SENATE BILL 649 7
approval by the unit or, in the case of an emergency regulation, approval by the Joint 1
Committee. 2
(b) The Administrator shall consult with the Department on the functionality and 3
security of the electronic filing system. 4
(c) The electronic filing system shall: 5
(1) allow a unit to upload, in a format approved by the Administrator and 6
the Department, the text of a proposed or emergency regulation along with all statutorily 7
required information; 8
(2) contain a tracking function and automated notification system by which 9
the Joint Committee and the Department shall be sent notice of new or updated proposed 10
or emergency regulations; 11
(3) prohibit anyone other than Division employees from modifying the text 12
of a submitted proposed or emergency regulation or any other required submittals; 13
(4) allow the Joint Committee and the Department to access and download, 14
in a format required by the Department, all information submitted by a unit relating to a 15
proposed or emergency regulation; 16
(5) allow the Joint Committee and the Department to approve emergency 17
regulations, including providing for the time period during which the emergency regulation 18
is approved; 19
(6) allow a unit to view all information pertaining to a proposed or 20
emergency regulation submitted by the unit, including all tracking information; 21
(7) allow the tracking of regulatory holds; and 22
(8) include the functionalities necessary for the Division to publish the 23
Maryland Register. 24
(d) On or before December 31, 2023, the Administrator shall report to the Joint 25
Committee on Administrative, Executive, and Legislative Review, in accordance with § 26
2–1257 of the State Government Article, on the status of the development and deployment 27
of the electronic filing system required under this section. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Section 2 of this Act shall 29
take effect June 1, 2023. 30
SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 31
3 of this Act, this Act shall take effect October 1, 2023. 32