EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0649*
SENATE BILL 649
P3 (3lr1850)
ENROLLED BILL
— Education, Energy, and the Environment/Health and Government Operations —
Introduced by Senators Elfreth, M. Washington, and Ferguson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 649
proposed and emergency regulations, work plans, and evaluation reports to the Joint 1
Committee by a unit; providing that compliance with certain submission 2
requirements does not satisfy certain other submission requirements; requiring the 3
Administrator to consult with the Department of Legislative Services on certain 4
matters; requiring the Administrator to send a receipt of a certain transmittal to a 5
certain unit under certain circumstances; requiring the Administrator, on or before 6
a certain date, Department of Information Technology, in consultation with the 7
Administrator to develop and maintain a certain electronic filing system in 8
accordance with certain requirements on or before a certain date; requiring the 9
Administrator to consult with the Department Department of Information 10
Technology to consult with the Administrator and the Department of Legislative 11
Services Administrator to consult with the Department on certain matters; and 12
generally relating to regulatory procedures and the Maryland Register. 13
BY repealing and reenacting, without amendments, 14
Article – State Government 15
Section 7–201(a) and (e) and 10–101 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – State Government 20
Section 7–206.2(b), 10–110(c)(1), and 10–111(a) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2022 Supplement) 23
BY adding to 24
Article – State Government 25
Section 10–111.2(c) 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2022 Supplement) 28
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29
That the Laws of Maryland read as follows: 30
Article – State Government 31
7–201. 32
(a) In this subtitle the following words have the meanings indicated. 33
(e) “Division” means the Division of State Documents. 34
7–206.2. 35
(b) Notwithstanding any other provision of law, the Division shall make available 36
to the public, at no cost, direct online searching of: 37 SENATE BILL 649 3
(1) the Code of Maryland Regulations (COMAR); 1
(2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register; 2
and 3
(3) any other material the Division determines to be in the public interest. 4
10–101. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Administrator” means the Administrator of the Division of State Documents. 7
(c) “Committee” means the Joint Committee on Administrative, Executive, and 8
Legislative Review. 9
(d) “Local government unit” means: 10
(1) a county; 11
(2) a municipal corporation; 12
(3) a special district that is established by State law and that operates 13
within a single county; 14
(4) a special district that is established by a county pursuant to public 15
general law; or 16
(5) an office, board, or department that is established in each county under 17
State law and that is funded, pursuant to State law, at least in part by the county governing 18
body. 19
(e) “Mandate” means a directive in a regulation that requires a local government 20
unit to perform a task or assume a responsibility that has a discernible fiscal impact on the 21
local government unit. 22
(f) “Register” means the Maryland Register. 23
(g) (1) “Regulation” means a statement or an amendment or repeal of a 24
statement that: 25
(i) has general application; 26
(ii) has future effect; 27
(iii) is adopted by a unit to: 28 4 SENATE BILL 649
1. detail or carry out a law that the unit administers; 1
2. govern organization of the unit; 2
3. govern the procedure of the unit; or 3
4. govern practice before the unit; and 4
(iv) is in any form, including: 5
1. a guideline; 6
2. a rule; 7
3. a standard; 8
4. a statement of interpretation; or 9
5. a statement of policy. 10
(2) “Regulation” does not include: 11
(i) a statement that: 12
1. concerns only internal management of the unit; and 13
2. does not affect directly the rights of the public or the 14
procedures available to the public; 15
(ii) a response of the unit to a petition for adoption of a regulation, 16
under § 10–123 of this subtitle; or 17
(iii) a declaratory ruling of the unit as to a regulation, order, or 18
statute, under Subtitle 3 of this title. 19
(3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means 20
all or any portion of a regulation. 21
(h) “Small business” has the meaning stated in § 2–1505.2 of this article. 22
(i) “Substantively” means in a manner substantially affecting the rights, duties, 23
or obligations of: 24
(1) a member of a regulated group or profession; or 25
(2) a member of the public. 26 SENATE BILL 649 5
(j) “Unit” means an officer or unit authorized by law to adopt regulations. 1
10–110. 2
(c) (1) (I) At least 15 days before the date a proposed regulation is 3
submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN 4
ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE , the promulgating unit shall 5
submit the proposed regulation to the Committee [and], the Department of Legislative 6
Services, AND THE ADMINISTRATOR . 7
(II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED 8
REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE 9
DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH 10
(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PUBLIS HED IN 11
THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR 12
PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT 13
PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF 14
LEGISLATIVE SERVICES, THE UNIT SHALL : 15
1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 16
LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; 17
2. WITHDRAW THE PROPOSE D REGULATION ; AND 18
3. RESUBMIT THE PROPOSE D REGULATION WITH TH E 19
ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES, 20
AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE 21
REGISTER. 22
(III) 1. IF A UNIT WANTS TO MA KE A NONSUBSTANTIVE 23
CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED 24
TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN 25
ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE 26
PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT 27
SHALL: 28
A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 29
LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND 30
THE ADMINISTRATOR OF THE CHANGE; AND 31
B. INCLUDE WITH THE NOT ICE A CERTIFICATE FR OM THE 32
UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE 33
NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION . 34 6 SENATE BILL 649
2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS 1
SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL 2
DETERMINES THAT A CH ANGE TO A PROPOSED R EGULATION UNDER 3
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE, 4
THE UNIT SHALL WITHD RAW AND RESUBMIT THE P ROPOSED REGULATION I N 5
ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH . 6
10–111. 7
(a) (1) Except as provided in subsection (b) of this section, a unit may not adopt 8
a proposed regulation until: 9
(i) after submission of the proposed regulation to the Committee for 10
preliminary review under § 10–110 of this subtitle; and 11
(ii) at least 45 days after its first publication in the Register. 12
(2) (i) If the Committee determines that an appropriate review cannot 13
reasonably be conducted within 45 days and that an additional period of review is required, 14
it may delay the adoption of the regulation by so notifying the promulgating unit and the 15
Division of State Documents, in writing, prior to the expiration of the 45–day period. 16
(ii) If notice is provided to the promulgating unit pursuant to 17
subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation 18
until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to 19
adopt the regulation and provides the Committee with a further period of review of the 20
regulation that terminates not earlier than the later of the following: 21
1. the [30th] 60TH day following the notice provided by the 22
promulgating unit under this subparagraph; or 23
2. the 105th day following the initial publication of the 24
regulation in the Register. 25
(III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS 26
PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION 27
SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE 28
NOTICE BY THE COMMITTEE. 29
(3) The promulgating unit shall permit public comment for at least 30 days 30
of the 45–day period under paragraph (1)(ii) of this subsection. 31
10–111.2. 32
SENATE BILL 649 7
(C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT 1
PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY 2
REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A 3
UNIT. 4
(2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY 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 THAT 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 T RANSMITS 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 T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION 19
TO THE DIVISION. 20
(4) (I) SUBMISSION OF A REGULATION , A WORK PLAN , OR AN 21
EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT 22
SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A 23
REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR 24
FOR PUBLICAT ION IN THE 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 REGULATION TO TH E DIVISION. 28
SECTION 2. AND BE IT FURTHER ENACTED, That: 29
(a) On or before October 1, 2023, the Department of Information Technology, in 30
consultation with the Administrator of the Division of State Documents shall develop and 31
maintain an electronic filing system for use by units of State government, the Joint 32
Committee on Administrative, Executive, and Legislative Review, the Department of 33
Legislative Services, and the Division of State Documents for the submission and tracking 34
of proposed and emergency regulations from the time of submission to the Joint Committee 35 8 SENATE BILL 649
through publication in the Maryland Register and final approval by the unit or, in the case 1
of an emergency regulation, approval by the Joint Committee. 2
(b) The Administrator shall consult with the Department Department of 3
Information Technology shall consult with the Administrator and the Department of 4
Legislative Services Administrator shall consult with the Department on the functionality 5
and security of the electronic filing system. 6
(c) The electronic filing system shall: 7
(1) allow a unit to upload, in a format approved by the Administrator and 8
the Department of Legislative Services, the text of a proposed or emergency regulation 9
along with all statutorily required information; 10
(2) contain a tracking function and automated notification system by which 11
the Joint Committee and the Department of Legislative Services shall be sent notice of new 12
or updated proposed or emergency regulations; 13
(3) prohibit anyone other than Division employees from modifying the text 14
of a submitted proposed or emergency regulation or any other required submittals; 15
(4) allow the Joint Committee and the Department of Legislative Services 16
to access and download, in a format required by the Department of Legislative Services, all 17
information submitted by a unit relating to a proposed or emergency regulation; 18
(5) allow the Joint Committee and the Department of Legislative Services 19
to approve emergency regulations, including providing for the time period during which the 20
emergency regulation is approved; 21
(6) allow a unit to view all information pertaining to a proposed or 22
emergency regulation submitted by the unit, including all tracking information; 23
(7) allow the tracking of regulatory holds; and 24
(8) include the functionalities necessary for the Division to publish the 25
Maryland Register. 26
(d) On or before December 31, 2023, the Administrator Department of 27
Information Technology Administrator shall report to the Joint Committee on 28
Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the 29
State Government Article, on the status of the development and deployment of the 30
electronic filing system required under this section. 31
SECTION 3. AND BE IT FURTHER ENACTED, That this Section 2 of this Act shall 32
take effect June 1, 2023. 33
SENATE BILL 649 9
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
3 of this Act, this Act shall take effect October 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.