MD
Maryland Senate Bill SB649

Maryland 2023 Regular Session

Maryland Senate Bill SB649 Compare Versions

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1- WES MOORE, Governor Ch. 349
21
3-– 1 –
4-Chapter 349
5-(Senate Bill 649)
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+ *sb0649*
810
9-State Government – Regulation Procedures and the Maryland Register
11+SENATE BILL 649
12+P3 (3lr1850)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Health and Government Operations —
15+Introduced by Senators Elfreth, M. Washington, and Ferguson
1016
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.
17+Read and Examined by Proofreaders:
3718
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)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
4323
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. 349 2023 LAWS OF MARYLAND
24+Sealed with the Great Seal and presented to the Governor, for his approval this
5025
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)
26+_______ day of _______________ at ________________________ o’clock, ________M.
5727
58- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
59-That the Laws of Maryland read as follows:
28+______________________________________________
29+President.
6030
61-Article – State Government
31+CHAPTER ______
6232
63-7–201.
33+AN ACT concerning 1
6434
65- (a) In this subtitle the following words have the meanings indicated.
35+State Government – Regulation Procedures and the Maryland Register 2
6636
67- (e) “Division” means the Division of State Documents.
37+FOR the purpose of requiring the Division of State Documents to make a certain number 3
38+of issues of the Maryland Register available to the public for online searching; 4
39+altering the requirements for a unit of State government to submit certain proposed 5
40+or emergency regulations, work plans, and evaluation reports to the Joint Committee 6
41+on Administrative, Executive, and Legislative Review, the Department of Legislative 7
42+Services, and the Administrator of the Division of State Documents; requiring a unit 8
43+that wants to alter the text of a proposed regulation after it has been submitted to 9
44+the Joint Committee and the Department of Legislative Services to take certain 10
45+actions; requiring a unit to provide a certain notice to the Joint Committee in a 11
46+certain manner; extending a certain period of review for a certain regulation; 12
47+requiring a certain notice to be published in the Maryland Register within a certain 13
48+time period after receipt of the notice by the Joint Committee; requiring the 14
49+Department of Legislative Services to adopt certain procedures for the submission of 15 2 SENATE BILL 649
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+proposed and emergency regulations, work plans, and evaluation reports to the Joint 1
53+Committee by a unit; providing that compliance with certain submission 2
54+requirements does not satisfy certain other submission requirements; requiring the 3
55+Administrator to consult with the Department of Legislative Services on certain 4
56+matters; requiring the Administrator to send a receipt of a certain transmittal to a 5
57+certain unit under certain circumstances; requiring the Administrator, on or before 6
58+a certain date, Department of Information Technology, in consultation with the 7
59+Administrator to develop and maintain a certain electronic filing system in 8
60+accordance with certain requirements on or before a certain date; requiring the 9
61+Administrator to consult with the Department Department of Information 10
62+Technology to consult with the Administrator and the Department of Legislative 11
63+Services Administrator to consult with the Department on certain matters; and 12
64+generally relating to regulatory procedures and the Maryland Register. 13
7365
74- (1) the Code of Maryland Regulations (COMAR);
66+BY repealing and reenacting, without amendments, 14
67+ Article – State Government 15
68+Section 7–201(a) and (e) and 10–101 16
69+ Annotated Code of Maryland 17
70+ (2021 Replacement Volume and 2022 Supplement) 18
7571
76- (2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register;
77-and
72+BY repealing and reenacting, with amendments, 19
73+ Article – State Government 20
74+Section 7–206.2(b), 10–110(c)(1), and 10–111(a) 21
75+ Annotated Code of Maryland 22
76+ (2021 Replacement Volume and 2022 Supplement) 23
7877
79- (3) any other material the Division determines to be in the public interest.
78+BY adding to 24
79+ Article – State Government 25
80+Section 10–111.2(c) 26
81+ Annotated Code of Maryland 27
82+ (2021 Replacement Volume and 2022 Supplement) 28
8083
81-10–101.
84+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29
85+That the Laws of Maryland read as follows: 30
8286
83- (a) In this subtitle the following words have the meanings indicated.
87+Article – State Government 31
8488
85- (b) “Administrator” means the Administrator of the Division of State Documents.
89+7–201. 32
8690
87- (c) “Committee” means the Joint Committee on Administrative, Executive, and
88-Legislative Review.
91+ (a) In this subtitle the following words have the meanings indicated. 33
8992
90- (d) “Local government unit” means:
93+ (e) “Division” means the Division of State Documents. 34
9194
92- (1) a county;
95+7–206.2. 35
9396
94- (2) a municipal corporation;
97+ (b) Notwithstanding any other provision of law, the Division shall make available 36
98+to the public, at no cost, direct online searching of: 37 SENATE BILL 649 3
9599
96- (3) a special district that is established by State law and that operates
97-within a single county; WES MOORE, Governor Ch. 349
98100
99-– 3 –
100101
101- (4) a special district that is established by a county pursuant to public
102-general law; or
102+ (1) the Code of Maryland Regulations (COMAR); 1
103103
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.
104+ (2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register; 2
105+and 3
107106
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.
107+ (3) any other material the Division determines to be in the public interest. 4
111108
112- (f) “Register” means the Maryland Register.
109+10–101. 5
113110
114- (g) (1) “Regulation” means a statement or an amendment or repeal of a
115-statement that:
111+ (a) In this subtitle the following words have the meanings indicated. 6
116112
117- (i) has general application;
113+ (b) “Administrator” means the Administrator of the Division of State Documents. 7
118114
119- (ii) has future effect;
115+ (c) “Committee” means the Joint Committee on Administrative, Executive, and 8
116+Legislative Review. 9
120117
121- (iii) is adopted by a unit to:
118+ (d) “Local government unit” means: 10
122119
123- 1. detail or carry out a law that the unit administers;
120+ (1) a county; 11
124121
125- 2. govern organization of the unit;
122+ (2) a municipal corporation; 12
126123
127- 3. govern the procedure of the unit; or
124+ (3) a special district that is established by State law and that operates 13
125+within a single county; 14
128126
129- 4. govern practice before the unit; and
127+ (4) a special district that is established by a county pursuant to public 15
128+general law; or 16
130129
131- (iv) is in any form, including:
130+ (5) an office, board, or department that is established in each county under 17
131+State law and that is funded, pursuant to State law, at least in part by the county governing 18
132+body. 19
132133
133- 1. a guideline;
134+ (e) “Mandate” means a directive in a regulation that requires a local government 20
135+unit to perform a task or assume a responsibility that has a discernible fiscal impact on the 21
136+local government unit. 22
134137
135- 2. a rule;
138+ (f) “Register” means the Maryland Register. 23
136139
137- 3. a standard;
140+ (g) (1) “Regulation” means a statement or an amendment or repeal of a 24
141+statement that: 25
138142
139- 4. a statement of interpretation; or
143+ (i) has general application; 26
140144
141- 5. a statement of policy.
145+ (ii) has future effect; 27
142146
143- (2) “Regulation” does not include:
147+ (iii) is adopted by a unit to: 28 4 SENATE BILL 649
144148
145- (i) a statement that: Ch. 349 2023 LAWS OF MARYLAND
146149
147-– 4 –
148150
149- 1. concerns only internal management of the unit; and
151+ 1. detail or carry out a law that the unit administers; 1
150152
151- 2. does not affect directly the rights of the public or the
152-procedures available to the public;
153+ 2. govern organization of the unit; 2
153154
154- (ii) a response of the unit to a petition for adoption of a regulation,
155-under § 10–123 of this subtitle; or
155+ 3. govern the procedure of the unit; or 3
156156
157- (iii) a declaratory ruling of the unit as to a regulation, order, or
158-statute, under Subtitle 3 of this title.
157+ 4. govern practice before the unit; and 4
159158
160- (3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means
161-all or any portion of a regulation.
159+ (iv) is in any form, including: 5
162160
163- (h) “Small business” has the meaning stated in § 2–1505.2 of this article.
161+ 1. a guideline; 6
164162
165- (i) “Substantively” means in a manner substantially affecting the rights, duties,
166-or obligations of:
163+ 2. a rule; 7
167164
168- (1) a member of a regulated group or profession; or
165+ 3. a standard; 8
169166
170- (2) a member of the public.
167+ 4. a statement of interpretation; or 9
171168
172- (j) “Unit” means an officer or unit authorized by law to adopt regulations.
169+ 5. a statement of policy. 10
173170
174-10–110.
171+ (2) “Regulation” does not include: 11
175172
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 .
173+ (i) a statement that: 12
181174
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 :
175+ 1. concerns only internal management of the unit; and 13
190176
191- 1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF
192-LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; WES MOORE, Governor Ch. 349
177+ 2. does not affect directly the rights of the public or the 14
178+procedures available to the public; 15
193179
194-– 5 –
180+ (ii) a response of the unit to a petition for adoption of a regulation, 16
181+under § 10–123 of this subtitle; or 17
195182
196- 2. WITHDRAW THE PROPOSE D REGULATION ; AND
183+ (iii) a declaratory ruling of the unit as to a regulation, order, or 18
184+statute, under Subtitle 3 of this title. 19
197185
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.
186+ (3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means 20
187+all or any portion of a regulation. 21
202188
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:
189+ (h) “Small business” has the meaning stated in § 2–1505.2 of this article. 22
209190
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
191+ (i) “Substantively” means in a manner substantially affecting the rights, duties, 23
192+or obligations of: 24
213193
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 .
194+ (1) a member of a regulated group or profession; or 25
217195
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 .
196+ (2) a member of the public. 26 SENATE BILL 649 5
224197
225-10–111.
226198
227- (a) (1) Except as provided in subsection (b) of this section, a unit may not adopt
228-a proposed regulation until:
229199
230- (i) after submission of the proposed regulation to the Committee for
231-preliminary review under § 10–110 of this subtitle; and
200+ (j) “Unit” means an officer or unit authorized by law to adopt regulations. 1
232201
233- (ii) at least 45 days after its first publication in the Register.
202+10–110. 2
234203
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. 349 2023 LAWS OF MARYLAND
204+ (c) (1) (I) At least 15 days before the date a proposed regulation is 3
205+submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN 4
206+ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE , the promulgating unit shall 5
207+submit the proposed regulation to the Committee [and], the Department of Legislative 6
208+Services, AND THE ADMINISTRATOR . 7
240209
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:
210+ (II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED 8
211+REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE 9
212+DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH 10
213+(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PUBLIS HED IN 11
214+THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR 12
215+PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT 13
216+PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF 14
217+LEGISLATIVE SERVICES, THE UNIT SHALL : 15
247218
248- 1. the [30th] 60TH day following the notice provided by the
249-promulgating unit under this subparagraph; or
219+ 1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 16
220+LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; 17
250221
251- 2. the 105th day following the initial publication of the
252-regulation in the Register.
222+ 2. WITHDRAW THE PROPOSE D REGULATION ; AND 18
253223
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.
224+ 3. RESUBMIT THE PROPOSE D REGULATION WITH TH E 19
225+ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES, 20
226+AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE 21
227+REGISTER. 22
258228
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.
229+ (III) 1. IF A UNIT WANTS TO MA KE A NONSUBSTANTIVE 23
230+CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED 24
231+TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN 25
232+ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE 26
233+PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT 27
234+SHALL: 28
261235
262-10–111.2.
236+ A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF 29
237+LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND 30
238+THE ADMINISTRATOR OF THE CHANGE; AND 31
263239
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.
240+ B. INCLUDE WITH THE NOT ICE A CERTIFICATE FR OM THE 32
241+UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE 33
242+NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION . 34 6 SENATE BILL 649
268243
269- (2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY
270-THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION.
271244
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.
276245
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.
246+ 2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS 1
247+SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL 2
248+DETERMINES THAT A CH ANGE TO A PROPOSED R EGULATION UNDER 3
249+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE, 4
250+THE UNIT SHALL WITHD RAW AND RESUBMIT THE P ROPOSED REGULATION I N 5
251+ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH . 6
282252
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. 349
253+10–111. 7
286254
287-– 7 –
288-THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION
289-TO THE DIVISION.
255+ (a) (1) Except as provided in subsection (b) of this section, a unit may not adopt 8
256+a proposed regulation until: 9
290257
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.
258+ (i) after submission of the proposed regulation to the Committee for 10
259+preliminary review under § 10–110 of this subtitle; and 11
296260
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.
261+ (ii) at least 45 days after its first publication in the Register. 12
300262
301- SECTION 2. AND BE IT FURTHER ENACTED, That:
263+ (2) (i) If the Committee determines that an appropriate review cannot 13
264+reasonably be conducted within 45 days and that an additional period of review is required, 14
265+it may delay the adoption of the regulation by so notifying the promulgating unit and the 15
266+Division of State Documents, in writing, prior to the expiration of the 45–day period. 16
302267
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.
268+ (ii) If notice is provided to the promulgating unit pursuant to 17
269+subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation 18
270+until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to 19
271+adopt the regulation and provides the Committee with a further period of review of the 20
272+regulation that terminates not earlier than the later of the following: 21
311273
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.
274+ 1. the [30th] 60TH day following the notice provided by the 22
275+promulgating unit under this subparagraph; or 23
316276
317- (c) The electronic filing system shall:
277+ 2. the 105th day following the initial publication of the 24
278+regulation in the Register. 25
318279
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;
280+ (III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS 26
281+PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION 27
282+SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE 28
283+NOTICE BY THE COMMITTEE. 29
322284
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;
285+ (3) The promulgating unit shall permit public comment for at least 30 days 30
286+of the 45–day period under paragraph (1)(ii) of this subsection. 31
326287
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;
288+10–111.2. 32
289+ SENATE BILL 649 7
329290
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. 349 2023 LAWS OF MARYLAND
334291
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;
292+ (C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT 1
293+PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY 2
294+REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A 3
295+UNIT. 4
339296
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;
297+ (2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY 5
298+THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION. 6
342299
343- (7) allow the tracking of regulatory holds; and
300+ (II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE 7
301+COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE 8
302+NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE 9
303+ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE. 10
344304
345- (8) include the functionalities necessary for the Division to publish the
346-Maryland Register.
305+ (3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE 11
306+DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE THAT NOTICE OF THE 12
307+RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR 13
308+UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND 14
309+THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER. 15
347310
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.
311+ (II) WHEN THE ADMINISTRATOR T RANSMITS A PROPOSED OR 16
312+EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF 17
313+LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF 18
314+THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION 19
315+TO THE DIVISION. 20
353316
354- SECTION 3. AND BE IT FURTHER ENACTED, That this Section 2 of this Act shall
355-take effect June 1, 2023.
317+ (4) (I) SUBMISSION OF A REGULATION , A WORK PLAN , OR AN 21
318+EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT 22
319+SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A 23
320+REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR 24
321+FOR PUBLICAT ION IN THE REGISTER. 25
356322
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.
323+ (II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO 26
324+SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING 27
325+THE REGULATION TO TH E DIVISION. 28
359326
360-Approved by the Governor, May 3, 2023.
327+ SECTION 2. AND BE IT FURTHER ENACTED, That: 29
328+
329+ (a) On or before October 1, 2023, the Department of Information Technology, in 30
330+consultation with the Administrator of the Division of State Documents shall develop and 31
331+maintain an electronic filing system for use by units of State government, the Joint 32
332+Committee on Administrative, Executive, and Legislative Review, the Department of 33
333+Legislative Services, and the Division of State Documents for the submission and tracking 34
334+of proposed and emergency regulations from the time of submission to the Joint Committee 35 8 SENATE BILL 649
335+
336+
337+through publication in the Maryland Register and final approval by the unit or, in the case 1
338+of an emergency regulation, approval by the Joint Committee. 2
339+
340+ (b) The Administrator shall consult with the Department Department of 3
341+Information Technology shall consult with the Administrator and the Department of 4
342+Legislative Services Administrator shall consult with the Department on the functionality 5
343+and security of the electronic filing system. 6
344+
345+ (c) The electronic filing system shall: 7
346+
347+ (1) allow a unit to upload, in a format approved by the Administrator and 8
348+the Department of Legislative Services, the text of a proposed or emergency regulation 9
349+along with all statutorily required information; 10
350+
351+ (2) contain a tracking function and automated notification system by which 11
352+the Joint Committee and the Department of Legislative Services shall be sent notice of new 12
353+or updated proposed or emergency regulations; 13
354+
355+ (3) prohibit anyone other than Division employees from modifying the text 14
356+of a submitted proposed or emergency regulation or any other required submittals; 15
357+
358+ (4) allow the Joint Committee and the Department of Legislative Services 16
359+to access and download, in a format required by the Department of Legislative Services, all 17
360+information submitted by a unit relating to a proposed or emergency regulation; 18
361+
362+ (5) allow the Joint Committee and the Department of Legislative Services 19
363+to approve emergency regulations, including providing for the time period during which the 20
364+emergency regulation is approved; 21
365+
366+ (6) allow a unit to view all information pertaining to a proposed or 22
367+emergency regulation submitted by the unit, including all tracking information; 23
368+
369+ (7) allow the tracking of regulatory holds; and 24
370+
371+ (8) include the functionalities necessary for the Division to publish the 25
372+Maryland Register. 26
373+
374+ (d) On or before December 31, 2023, the Administrator Department of 27
375+Information Technology Administrator shall report to the Joint Committee on 28
376+Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the 29
377+State Government Article, on the status of the development and deployment of the 30
378+electronic filing system required under this section. 31
379+
380+ SECTION 3. AND BE IT FURTHER ENACTED, That this Section 2 of this Act shall 32
381+take effect June 1, 2023. 33
382+ SENATE BILL 649 9
383+
384+
385+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
386+3 of this Act, this Act shall take effect October 1, 2023. 2
387+
388+
389+
390+
391+
392+Approved:
393+________________________________________________________________________________
394+ Governor.
395+________________________________________________________________________________
396+ President of the Senate.
397+________________________________________________________________________________
398+ Speaker of the House of Delegates.