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