Maryland 2024 Regular Session

Maryland House Bill HB114 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	hb0114
6	6
7	7	HOUSE BILL 114
8	8	P4 CONSTITUTIONAL AMENDMENT 4lr0509
9	9	HB 380/23 – APP (PRE–FILED) CF SB 188
10	10	By: Delegates J. Lewis, Harris, and Solomon
11	11	Requested: August 14, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Appropriations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Arbitration Reform for State Employees Act of 2024 2
20	20
21	21	FOR the purpose of altering the collective bargaining process for State employees, including 3
22	22	by requiring the selection of a neutral arbitrator to oversee all aspects of collective 4
23	23	bargaining, establishing a process of arbitration in the event of impasse, and 5
24	24	providing that certain decisions of a neutral arbitrator are advisory; altering the 6
25	25	matters that are required to be included in collective bargaining; requiring that each 7
26	26	budget bill contain the appropriations necessary to implement all terms and 8
27	27	conditions of employment in certain memoranda of understanding for the next 9
28	28	ensuing fiscal year; and generally relating to collective bargaining for State 10
29	29	employees. 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – State Finance and Procurement 13
33	33	Section 7–108 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2023 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – State Personnel and Pensions 18
39	39	Section 3–103, 3–502, and 3–603 19
40	40	Annotated Code of Maryland 20
41	41	(2015 Replacement Volume and 2023 Supplement) 21
42	42
43	43	BY repealing and reenacting, with amendments, 22
44	44	Article – State Personnel and Pensions 23
45	45	Section 3–501 24
46	46	Annotated Code of Maryland 25
47	47	(2015 Replacement Volume and 2023 Supplement) 26
48	48	(As enacted by Chapter 72 of the Acts of the General Assembly of 2021) 27 2 HOUSE BILL 114
49	49
50	50
51	51
52	52	BY adding to 1
53	53	Article – State Personnel and Pensions 2
54	54	Section 3–503 3
55	55	Annotated Code of Maryland 4
56	56	(2015 Replacement Volume and 2023 Supplement) 5
57	57
58	58	BY proposing an amendment to the Maryland Constitution 6
59	59	Article III – Legislative Department 7
60	60	Section 52 8
61	61
62	62	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
63	63	That the Laws of Maryland read as follows: 10
64	64
65	65	Article – State Finance and Procurement 11
66	66
67	67	7–108. 12
68	68
69	69	(a) In accordance with the Maryland Constitution and other law, the Governor 13
70	70	shall include in each budget bill: 14
71	71
72	72	(1) an appropriation to pay the principal of and interest on the State debt; 15
73	73
74	74	(2) without revision, the appropriations requested for public schools, as 16
75	75	certified by the State Superintendent of Schools; 17
76	76
77	77	(3) without revision, the appropriations requested for the Legislative 18
78	78	Branch of the State government, as certified by the presiding officers of the General 19
79	79	Assembly; 20
80	80
81	81	(4) without revision, the appropriations requested for the Judicial Branch 21
82	82	of the State government, as certified by the Chief Justice of the Supreme Court of Maryland; 22
83	83
84	84	(5) the appropriations requested by the Governor for the Executive Branch 23
85	85	of the State government; 24
86	86
87	87	(6) the appropriations required by law to be included with the 25
88	88	appropriations for the Executive Branch; 26
89	89
90	90	(7) appropriations for the salaries required by law to be paid by the State; 27
91	91	and 28
92	92
93	93	(8) any other appropriations required by the Maryland Constitution or 29
94	94	other law to be included in the budget bill. 30
95	95
96	96	(b) The Governor shall use the current salary plan of the Secretary of Budget and 31
97	97	Management as the basis for the appropriations to pay those salaries to which the plan 32 HOUSE BILL 114 3
98	98
99	99
100	100	applies. 1
101	101
102	102	(C) IN ADDITION TO THE AP PROPRIATIONS REQUIRE D IN SUBSECTION (A) 2
103	103	OF THIS SECTION, THE GOVERNOR SHALL INCLUD E IN EACH ANNUAL BUD GET BILL 3
104	104	THE APPROPRIATIONS N ECESSARY TO IMPLEMEN T AND FUND ALL TERMS WITHIN 4
105	105	EACH MEMORANDUM OF U NDERSTANDING BETWEEN : 5
106	106
107	107	(1) THE STATE AND EACH EXCLUS IVE REPRESENTATIVE O F ITS 6
108	108	EMPLOYEES; 7
109	109
110	110	(2) STATE INSTITUTIONS OF HIGHER EDUCATION , INCLUDING THE 8
111	111	UNIVERSITY SYSTEM OF MARYLAND, AND EACH EXCLUSIVE R EPRESENTATIVE OF 9
112	112	THEIR EMPLOYEES ; AND 10
113	113
114	114	(3) THE MARYLAND ENVIRONMENTAL SERVICE AND EACH 11
115	115	EXCLUSIVE REPRESENTA TIVE OF ITS EMPLOYEE S. 12
116	116
117	117	Article – State Personnel and Pensions 13
118	118
119	119	3–103. 14
120	120
121	121	This title and any agreement under this title do not limit or otherwise interfere with 15
122	122	the powers of the Governor or the Maryland General Assembly [under], EXCEPT TO 16
123	123	OPERATE IN ACCORDANC E WITH AND HAVE THE EFFECT REQUIRED BY Article III, § 17
124	124	52 of the Maryland Constitution. 18
125	125
126	126	3–501. 19
127	127
128	128	(a) (1) The following individuals or entities shall designate one or more 20
129	129	representatives to participate as a party in collective bargaining on behalf of the State or 21
130	130	the following institutions: 22
131	131
132	132	(i) on behalf of the State, the Governor; 23
133	133
134	134	(ii) on behalf of the Maryland Environmental Service, the Board of 24
135	135	Directors of the Service; 25
136	136
137	137	(iii) on behalf of the University System of Maryland, the Chancellor; 26
138	138	and 27
139	139
140	140	(iv) on behalf of Morgan State University, St. Mary’s College of 28
141	141	Maryland, or Baltimore City Community College, the governing board of the institution. 29
142	142
143	143	(2) The exclusive representative shall designate one or more 30
144	144	representatives to participate as a party in collective bargaining on behalf of the exclusive 31
145	145	representative. 32 4 HOUSE BILL 114
146	146
147	147
148	148
149	149	(b) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
150	150	parties shall meet at reasonable times [and] BETWEEN JULY 1 AND SEPTEMBER 30 TO 2
151	151	engage in collective bargaining in good faith[, including facilitating the meaningful use of 3
152	152	a fact finder under subsection (c)(3) of this section,] and to conclude a written memorandum 4
153	153	of understanding or other written understanding as defined under § 3–101(d)(1)(i)2 of this 5
154	154	title. 6
155	155
156	156	(2) (I) FOR EACH BARGAINING U NIT, WHENEVER A MEMORANDU M 7
157	157	OF UNDERSTANDING IS TO BE NEGOTIATED , REOPENED, OR AMENDED , THE PARTIES 8
158	158	SHALL FIRST SELECT A NEUTRAL A RBITRATOR FOR THE NE GOTIATIONS ON OR 9
159	159	BEFORE JULY 15. 10
160	160
161	161	(II) THE ARBITRATOR SHALL BE SELECTED FROM A L IST OF 15 11
162	162	ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION’S LABOR 12
163	163	ARBITRATION PANEL . 13
164	164
165	165	(III) THE LIST SHALL CONSIS T OF QUALIFIED , NATIONWIDE 14
166	166	ARBITRATORS WHO ARE MEMBERS OF THE NATIONAL ACADEMY OF ARBITRATION. 15
167	167
168	168	(IV) THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 16
169	169	ALTERNATELY STRIKING NAMES FROM THE LIST UNTIL ONE NAME REMAI NS. 17
170	170
171	171	(V) THE SELECTED ARBITRAT OR MUST BE ABLE AND 18
172	172	AVAILABLE TO PERFOR M THE DUTIES AND TO HOLD HEARINGS , BOTH IN PERSON 19
173	173	AND THROUGH REMOTE C OMMUNICATION , CONSISTENT WITH THIS TITLE. 20
174	174
175	175	(VI) THE ARBITRATOR SHALL HAVE THE POWERS AND 21
176	176	RESPONSIBILITIES UND ER § 3–503 OF THIS SUBTITLE. 22
177	177
178	178	(VII) THE SELECTED ARBITRAT OR SHALL ACCEP T THE 23
179	179	APPOINTMENT BEFORE JULY 15, OR THE PARTIES MAY A GREE TO MAKE AN 24
180	180	ALTERNATIVE APPOINTM ENT FROM: 25
181	181
182	182	1. THE LIST ORIGINALLY PROVIDED BY THE AMERICAN 26
183	183	ARBITRATION ASSOCIATION; OR 27
184	184
185	185	2. A LIST OF NATIONWIDE ARBITRATORS PROVIDED BY 28
186	186	THE FEDERAL MEDIATION AND CONCILIATION SERVICE. 29
187	187
188	188	(3) THE PARTIES SHALL MAK E A REASONABLE EFFOR T TO BEGIN 30
189	189	NEGOTIATIONS ON OR N EAR JULY 1, INCLUDING THE EXCHAN GE OF INFORMATION 31
190	190	NECESSARY TO RESPONS IBLY CONDUCT AND CON CLUDE NEGOTIATIONS B Y 32
191	191	SEPTEMBER 30. 33 HOUSE BILL 114 5
192	192
193	193
194	194
195	195	(c) [(1) The parties shall make every reasonable effort to conclude negotiations 1
196	196	in a timely manner for inclusion by the principal unit in its budget request to the Governor. 2
197	197
198	198	(2) (i) The parties shall conclude negotiations before January 1 for any 3
199	199	item requiring an appropriation of funds for the fiscal year that begins on the following 4
200	200	July 1. 5
201	201
202	202	(ii) In the budget bill submitted to the General Assembly, the 6
203	203	Governor shall include any amounts in the budgets of the principal units required to 7
204	204	accommodate any additional cost resulting from the negotiations, including the actuarial 8
205	205	impact of any legislative changes to any of the State pension or retirement systems that 9
206	206	are required, as a result of the negotiations, for the fiscal year beginning the following July 10
207	207	1 if the legislative changes have been negotiated to become effective in that fiscal year. 11
208	208
209	209	(3) (i) If the parties do not conclude negotiations for the next fiscal year 12
210	210	before October 25, either party may request that a fact finder be employed to resolve the 13
211	211	issues. 14
212	212
213	213	(ii) The fact finder shall be employed no later than November 1. 15
214	214
215	215	(iii) A fact finder shall be a neutral party appointed by alternate 16
216	216	striking from a list by the parties provided: 17
217	217
218	218	1. by the Federal Mediation and Conciliation Service; or 18
219	219
220	220	2. under the Labor Arbitration Rules of the American 19
221	221	Arbitration Association. 20
222	222
223	223	(iv) The fact finder: 21
224	224
225	225	1. may give notice and hold hearings in accordance with the 22
226	226	Administrative Procedure Act; 23
227	227
228	228	2. may administer oaths and take testimony and other 24
229	229	evidence; 25
230	230
231	231	3. may issue subpoenas; and 26
232	232
233	233	4. before November 20, shall make written recommendations 27
234	234	regarding wages, hours, and working conditions, and any other terms or conditions of 28
235	235	employment that may be in dispute. 29
236	236
237	237	(v) The written recommendations of the fact finder shall be delivered 30
238	238	to the Governor, the exclusive representative, the President of the Senate, and the Speaker 31
239	239	of the House of Delegates by the Secretary on or before December 1. 32
240	240	6 HOUSE BILL 114
241	241
242	242
243	243	(d)] (1) A memorandum of understanding [that incorporates all matters of 1
244	244	agreement reached by the parties] REACHED BY MUTUAL AG REEMENT shall be executed 2
245	245	by the exclusive representative and: 3
246	246
247	247	(i) for a memorandum of understanding relating to the State, the 4
248	248	Governor or the Governor’s designee; 5
249	249
250	250	(ii) for a memorandum of understanding relating to the Maryland 6
251	251	Environmental Service, the Board of Directors of the Service; 7
252	252
253	253	(iii) for a memorandum of understanding relating to a system 8
254	254	institution, the Chancellor or the Chancellor’s designee; and 9
255	255
256	256	(iv) for a memorandum of understanding relating to Morgan State 10
257	257	University, St. Mary’s College of Maryland, or Baltimore City Community College, the 11
258	258	governing board of the institution or the governing board’s designee. 12
259	259
260	260	(2) To the extent [these] matters INCORPORATED IN A ME MORANDUM 13
261	261	OF UNDERSTANDING require legislative approval or the appropriation of funds, the 14
262	262	matters shall be [recommended] REFERRED to the General Assembly for approval or for 15
263	263	the appropriation of funds AS REQUIRED UNDER ARTICLE III, § 52 OF THE MARYLAND 16
264	264	CONSTITUTION . 17
265	265
266	266	(3) To the extent matters involving a State institution of higher education 18
267	267	require legislative approval, the legislation shall be [recommended] REFERRED to the 19
268	268	Governor [for submission to] AND the General Assembly. 20
269	269
270	270	[(e)] (D) (1) Except as provided in paragraph (2) of this subsection, 21
271	271	negotiations for a memorandum of understanding shall be considered closed sessions under 22
272	272	§ 3–305 of the General Provisions Article. 23
273	273
274	274	(2) An exclusive representative may not be considered a public body under 24
275	275	§ 3–101 of the General Provisions Article. 25
276	276
277	277	[(f)] (E) (1) The terms of a memorandum of understanding executed by the 26
278	278	Governor or the Governor’s designee and an exclusive representative of a bargaining unit 27
279	279	for skilled service or professional service employees in the State Personnel Management 28
280	280	System are not applicable to employees of a State institution of higher education. 29
281	281
282	282	(2) The terms of a memorandum of understanding executed by the 30
283	283	Chancellor or the governing board of Morgan State University, St. Mary’s College of 31
284	284	Maryland, or Baltimore City Community College, or their respective designees, and the 32
285	285	exclusive representative of a bargaining unit for employees of a State institution of higher 33
286	286	education are not applicable to skilled service or professional service employees in the State 34
287	287	Personnel Management System. 35
288	288	HOUSE BILL 114 7
289	289
290	290
291	291	3–502. 1
292	292
293	293	(a) Collective bargaining shall include all matters relating to: 2
294	294
295	295	(1) wages, hours, FRINGE BENEFITS , HEALTH BENEFITS , and other 3
296	296	terms and conditions of employment; and 4
297	297
298	298	(2) the time and manner of access to a new employee program in 5
299	299	accordance with § 22–207 of the State Government Article. 6
300	300
301	301	(b) Notwithstanding subsection (a) of this section, the representatives of the 7
302	302	State, the Maryland Environmental S ervice, a system institution, Morgan State 8
303	303	University, St. Mary’s College of Maryland, and Baltimore City Community College: 9
304	304
305	305	(1) may not be required to negotiate over any matter that is inconsistent 10
306	306	with applicable law; and 11
307	307
308	308	(2) may negotiate and reach agreement with regard to any such matter 12
309	309	THAT IS INCONSISTENT WITH APPLICABLE LAW only if it is understood that, WITH 13
310	310	RESPECT TO THE MATTE R, the agreement [with respect to such matter] OR 14
311	311	MEMORANDUM OF UNDERS TANDING cannot become effective unless the applicable law 15
312	312	is amended by the General Assembly. 16
313	313
314	314	3–503. 17
315	315
316	316	(A) (1) A NEUTRAL ARBITRATOR S ELECTED UNDER § 3–501(B) OF THIS 18
317	317	SUBTITLE: 19
318	318
319	319	(I) MAY MEDIATE OR AID I N THE RESOLUTION OF ANY DISPUTE 20
320	320	BETWEEN THE PARTIES REGARDING THE CONDUCT OF N EGOTIATIONS, INCLUDING 21
321	321	WHETHER THE CONDUCT OF A PARTY IS IN GOO D FAITH; 22
322	322
323	323	(II) MAY RECEIVE FROM THE PARTIES COPIES OF IN FORMATION 23
324	324	REQUESTS PRESENTED A ND RESPONSES RECEIVE D, TO MEDIATE OR AID IN THE 24
325	325	RESOLUTION OF DISPUT ES OVER THE TIME LINESS AND SUFFICIEN CY OF 25
326	326	INFORMATION DEMANDS AND PRODUCTION ; 26
327	327
328	328	(III) MAY ISSUE OPINIONS I N ORDER TO HELP TO R ESOLVE 27
329	329	DISPUTES OVER REQUES TS FOR INFORMATION O R PROMOTE BARGAINING IN GOOD 28
330	330	FAITH CONSISTENT WIT H THIS TITLE; AND 29
331	331
332	332	(IV) MAY DIRECT PRODUCTIO N OF ESTIMATES OF REVE NUES 30
333	333	AND EXPENDITURES COM PILED BY THE STATE BOARD OF REVENUE ESTIMATES, 31
334	334	THE BUREAU OF REVENUE ESTIMATES, OR THE CONSENSUS REVENUE 32
335	335	MONITORING AND FORECASTING GROUP. 33 8 HOUSE BILL 114
336	336
337	337
338	338
339	339	(2) (I) THE OPINIONS AND GUID ANCE ISSUED BY THE N EUTRAL 1
340	340	ARBITRATOR U NDER THIS SUBSECTION SHALL BE ADVISORY ON THE PARTIES AND 2
341	341	THE GOVERNOR. 3
342	342
343	343	(II) THE PROCESS SET OUT I N THIS SUBSECTION DO ES NOT 4
344	344	DIMINISH OR LIMIT TH E RIGHTS OF ANY PART Y TO FILE AND PURSUE A COMPLAINT 5
345	345	OF UNFAIR LABOR PRAC TICES BEFORE THE BOARD. 6
346	346
347	347	(B) (1) IF AN IMPASSE IS DECL ARED ON OR AFTER OCTOBER 1, 7
348	348	ARBITRATION SHALL PR OCEED AS DESCRIBED I N THIS SUBSECTION . 8
349	349
350	350	(2) (I) ON THE FIFTH BUSINESS DAY AFTER THE IMPASS E IS 9
351	351	DECLARED, EACH PARTY SHALL SUB MIT TO THE NEUTRAL A RBITRATOR, IN WRITING 10
352	352	AND WITH A COPY TO THE OTHER PARTY , A LAST, BEST, AND FINAL OFFER , 11
353	353	INCLUDING: 12
354	354
355	355	1. ALL PROVISIONS IN TH E EXISTING MEMORANDU M OF 13
356	356	UNDERSTANDING NOT TO BE MODIFIED; 14
357	357
358	358	2. ALL NEW, AMENDED, OR MODIFIED MEMORAND UM OF 15
359	359	UNDERSTANDING PROVIS IONS AGREED TO BY TH E PARTIES BEFORE THE IMPASSE 16
360	360	WAS DECLARED THAT AR E TO BE INCLUDED THR OUGH WRITTEN MUTUAL 17
361	361	AGREEMENT ; AND 18
362	362
363	363	3. SUBJECT TO SUBPARAGR APH (II) OF THIS 19
364	364	PARAGRAPH , DETAILED FURTHER PRO VISIONS THAT A PARTY IS PROPOSING FOR 20
365	365	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 21
366	366
367	367	(II) FURTHER PROVISIONS ARE LIMITED TO SPECIFIC 22
368	368	PROPOSALS THAT WERE SUBMITTED IN WRITING TO THE OTHER PARTY A ND WERE 23
369	369	THE SUBJECT OF COLLE CTIVE BARGAINING BET WEEN THE PARTIES UP TO THE TIME 24
370	370	OF IMPASSE, INCLUDING PROPOSALS THAT THE PARTIES HAV E DECIDED TO 25
371	371	INCLUDE IN THE MEMORANDUM OF UNDERSTANDING THROUG H WRITTEN MUTUAL 26
372	372	AGREEMENT . 27
373	373
374	374	(3) THE NEUTRAL ARBITRATO R ACTING AS A MEDIAT OR SHALL 28
375	375	ATTEMPT TO RESOLVE T HE IMPASSE BEFORE A FORMAL HEARING ON TH E IMPASSE. 29
376	376
377	377	(4) (I) WITHIN 30 CALENDAR DAYS AFTER A DECLARED IMPASSE , 30
378	378	THE NEUTRAL ARBITRAT OR SHALL HOLD A FORM AL HEARING AT WHICH THE 31
379	379	PARTIES MAY SUBMIT , IN WRITING OR ORAL T ESTIMONY, ALL INFORMATION OR 32
380	380	DATA SUPPORTING THE FINAL POSITIONS. 33 HOUSE BILL 114 9
381	381
382	382
383	383
384	384	(II) ABSENT MUTUAL AGREEME NT BETWEEN THE PARTI ES, OR 1
385	385	AS OTHERWISE ORDERED BY THE NEUTRAL ARBITRATOR , THE FORMAL HEARING 2
386	386	SHALL CONCLUDE WITHI N 45 CALENDAR DAYS AFTER THE IMPASSE DATE . 3
387	387
388	388	(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 4
389	389	PARAGRAPH , THE ARBITRATION SHAL L CONCLUDE WITH A WR ITTEN AWARD THAT 5
390	390	SUSTAINS IN ITS ENTI RETY THE LAST, BEST, AND FINAL OFFER OF O NE OF THE 6
391	391	PARTIES. 7
392	392
393	393	(II) BEFORE A WRITTEN AWAR D IS ISSUED , BY WRITTEN 8
394	394	AGREEMENT SIGNED BY THE REPRESENTATIVES OF THE PARTIES PARTI CIPATING IN 9
395	395	THE ARBITRATION , THE PARTIES MAY DIRE CT THE NEUTRAL ARBIT RATOR TO RULE 10
396	396	ON SPECIFICALLY IDENTIFIED TOPICS OF BARGAINING . 11
397	397
398	398	(6) (I) THE NEUTRAL ARBITRATO R SHALL ISSUE A PREL IMINARY 12
399	399	WRITTEN AWARD ON OR BEFORE DECEMBER 5. 13
400	400
401	401	(II) THE PRELIMINARY WRITT EN AWARD SHALL ADDRE SS ALL 14
402	402	PROVISIONS THAT EACH PARTY PROPOSED IN IT S RESPECTIVE FINAL POSITION FOR 15
403	403	INCLUSION IN A MEMOR ANDUM OF UNDERSTANDI NG. 16
404	404
405	405	(III) WITHIN 5 BUSINESS DAYS AFTER RECEIPT OF THE 17
406	406	PRELIMINARY WRITTEN AWARD, THE PARTIES SHALL RE VIEW THE AWARD AND M AY 18
407	407	SEVERALLY OR MUTUALL Y REQUEST CHANGES OR ADJUSTMENTS IN THE A WARD. 19
408	408
409	409	(IV) ON OR BEFORE DECEMBER 15, THE NEUTRAL ARBITRAT OR 20
410	410	SHALL ISSUE A FINAL WRITTEN AWARD IN WHI CH THE ARBITRATOR : 21
411	411
412	412	1. SHALL ORDER IMPLEMEN TATION OF THE LAST , BEST, 22
413	413	AND FINAL OFFER OF E ITHER PARTY IN ITS E NTIRETY, INCORPORATING ANY 23
414	414	VOLUNTARILY –AGREED–TO TERMS BETWEEN THE PARTIES; AND 24
415	415
416	416	2. SHALL INCLUDE : 25
417	417
418	418	A. ANY VOLUNTARILY –AGREED–TO TERMS BETWEEN 26
419	419	THE PARTIES; AND 27
420	420
421	421	B. ANY PRIOR TERM THAT BY AGREEMENT IS NOT TO BE 28
422	422	CHANGED FOR THE NEXT FISCAL YEAR. 29
423	423
424	424	(V) AFTER DECEMBER 15, IF REQUESTED BY EITH ER PARTY, 30
425	425	THE NEUTRAL ARBITRAT OR SHALL ISSUE BY JANUARY 20 OF THE IMMEDIATELY 31 10 HOUSE BILL 114
426	426
427	427
428	428	FOLLOWING YEAR A STA TEMENT OF REASONS FO R THE FINAL WRITTEN AWARD. 1
429	429
430	430	(7) THE NEUTRAL ARBITRATO R SHALL CONSIDER THE FOLLOWING 2
431	431	WHEN DEVELOPING A WR ITTEN AWARD: 3
432	432
433	433	(I) THE LAWFUL AUTHORITY OF THE EMP LOYER, INCLUDING 4
434	434	THE OBLIGATION OF TH E EMPLOYER TO USE SP ECIAL FUNDS ONLY FOR 5
435	435	AUTHORIZED PURPOSES UNDER LIMITATIONS IM POSED BY FEDERAL OR STATE LAW; 6
436	436
437	437	(II) STIPULATIONS OF THE PARTIES; 7
438	438
439	439	(III) THE INTERESTS AND WE LFARE OF THE PUBLIC ; 8
440	440
441	441	(IV) THE FINANCIAL ABILIT Y OF THE EMPLOYER TO MEET 9
442	442	COSTS, WITHOUT THE PREMISE THAT THE EMPLOYER MA Y NEED TO INCREASE O R 10
443	443	IMPOSE NEW TAXES , FEES, OR CHARGES , OR DEVELOP OTHER SOU RCES OF 11
444	444	REVENUE; 12
445	445
446	446	(V) THE PRESENT AND FUTU RE GENERAL ECONOMIC 13
447	447	CONDITION OF THE STATE OR STATE INSTITUTIONS OF HIGHER EDUCATION ; 14
448	448
449	449	(VI) COMPARISONS OF WAGES , HOURS, AND CONDITIONS OF 15
450	450	EMPLOYMENT OF THE EM PLOYEES INVOLVED WIT H ARBITRATION WITH T HE WAGES, 16
451	451	HOURS, AND CONDITIONS OF EM PLOYMENT OF OTHER EM PLOYEES PERFORMING 17
452	452	SIMILAR SERVICES IN PUBLIC E MPLOYMENT IN ADJACEN T STATES; 18
453	453
454	454	(VII) COMPARISONS OF COLLE CTIVE BARGAINING PAT TERNS IN 19
455	455	OTHER STATES AND AMO NG COUNTY EMPLOYEES IN THE STATE; 20
456	456
457	457	(VIII) CONSUMER PRICES FOR GOODS AND SERVICES A S DEFINED 21
458	458	BY PUBLIC AND PRIVAT E SOURCES; 22
459	459
460	460	(IX) THE OVERALL COMPENSA TION PRESENTLY RECEI VED BY 23
461	461	THE EMPLOYEES , INCLUDING DIRECT WAG E COMPENSATION , VACATION, HOLIDAYS, 24
462	462	EXCUSED TIME OFF , INSURANCE AND PENSIO NS COSTS, MEDICAL AND 25
463	463	HOSPITALIZATION BENE FITS, THE CONTINUITY AND S TABILITY OF EMPLOYME NT, 26
464	464	AND ALL OTHER RECEIV ED BENEFITS; 27
465	465
466	466	(X) CHANGES IN ANY OF TH E FOREGOING CIRCUMST ANCES 28
467	467	DURING THE PENDENCY OF THE ARBITRATION ; AND 29
468	468
469	469	(XI) OTHER FACTORS THAT A RE NORMALLY OR TRADI TIONALLY 30
470	470	TAKEN INTO CONSIDERA TION IN THE DETERMIN ATION OF WAGES , HOURS, AND 31 HOUSE BILL 114 11
471	471
472	472
473	473	CONDITIONS OF EMPLOY MENT THROUGH VOLUNTA RY COLLECTIVE BARGAI NING, 1
474	474	MEDIATION, ARBITRATION, OR OTHERWISE BETWEEN THE PARTIES IN PUBLI C 2
475	475	SERVICE OR PRIVATE E MPLOYMENT . 3
476	476
477	477	(C) THE DECISION OF THE N EUTRAL ARBITRATOR SH ALL BE FINAL AND 4
478	478	BINDING ON THE PARTI ES. 5
479	479
480	480	(D) THE STATE, A STATE INSTITUTION OF HIGHER EDUCATION , AND THE 6
481	481	MARYLAND ENVIRONMENTAL SERVICE AND THE GOVERNOR SHALL TAKE A LL 7
482	482	ACTIONS NECESSARY TO CARRY OUT AND EFFECT UATE THE FINAL WRITT EN AWARD 8
483	483	AND PLACE INTO EFFEC T THE MEMORANDUM OF UNDERSTANDING . 9
484	484
485	485	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE PARTIES 10
486	486	AT ANY TIME MAY AMEN D OR MODIFY THE FINA L WRITTEN AWARD AND , BY CONSENT, 11
487	487	THE AMENDMENTS OR MO DIFICATIONS SHALL BE APPROVED BY THE PART IES AND 12
488	488	PLACED IN A SUPPLEME NTAL WRITTEN AWARD B Y THE NEUTRA L ARBITRATOR THAT 13
489	489	SHALL BE FINAL AND B INDING. 14
490	490
491	491	(2) A SUPPLEMENTAL WRITTEN AWARD UNDER PARAGRAP H (1) OF 15
492	492	THIS SUBSECTION SHAL L TAKE EFFECT ON THE DATE OF THE ORDER OF THE 16
493	493	NEUTRAL ARBITRATOR A ND MAY NOT REQUIRE R ATIFICATION UNDER § 3–601 OF 17
494	494	THIS TITLE. 18
495	495
496	496	(F) A DEADLINE IN THIS SEC TION MAY BE MODIFIED , BASED ON GOOD 19
497	497	CAUSE, BY MUTUAL AGREEMENT OF THE PARTIES OR BY ORDER OF THE NEUTRAL 20
498	498	ARBITRATOR. 21
499	499
500	500	(G) (1) THE COSTS OF THE SERV ICES OF THE NEUTRAL ARBITRATOR 22
501	501	SHALL BE SHARED EQUA LLY BY THE PARTIES . 23
502	502
503	503	(2) ALL OTHER COSTS INCURRED B Y EITHER PARTY TO CO MPLY WITH 24
504	504	THIS SECTION SHALL B E THE RESPONSIBILITY OF THE PARTY INCURRI NG THE 25
505	505	COSTS. 26
506	506
507	507	3–603. 27
508	508
509	509	(a) A memorandum of understanding [agreed to and ratified under § 3–601 of this 28
510	510	subtitle] may not expire until it is succeeded by a memorandum of understanding that is 29
511	511	agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 30
512	512
513	513	(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 31
514	514	understanding shall continue in force and effect without change until a successor 32
515	515	memorandum of understanding is agreed to and ratified. 33
516	516	12 HOUSE BILL 114
517	517
518	518
519	519	(c) (1) Based on a verified complaint by an exclusive representative, the 1
520	520	exclusive representative may file an action in a circuit court against the State, the 2
521	521	Maryland Environmental Service, a system institution, Morgan State University, St. 3
522	522	Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 4
523	523	this section. 5
524	524
525	525	(2) On receipt of an action submitted by the exclusive representative, the 6
526	526	court shall issue a status quo order without a finding of irreparable harm to maintain a 7
527	527	memorandum of understanding and the terms in effect pending a final order in the action. 8
528	528
529	529	SECTION 2. AND BE IT FURTHER ENACTED, (Three –fifths of all the members 9
530	530	elected to each of the two Houses concurring), That it be proposed that the Maryland 10
531	531	Constitution read as follows: 11
532	532
533	533	Article III – Legislative Department 12
534	534
535	535	52. 13
536	536
537	537	(1) The General Assembly shall not appropriate any money out of the Treasury 14
538	538	except in accordance with the provisions of this section. 15
539	539
540	540	(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary 16
541	541	Appropriation Bill, as hereinafter provided. 17
542	542
543	543	(3) On the third Wednesday in January in each year, (except in the case of a newly 18
544	544	elected Governor, and then not later than ten days after the convening of the General 19
545	545	Assembly), unless such time shall be extended by the General Assembly, the Governor shall 20
546	546	submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget 21
547	547	shall contain a complete plan of proposed expenditures and estimated revenues for said 22
548	548	fiscal year and shall show the estimated surplus or deficit of revenues at the end of the 23
549	549	preceding fiscal year. EACH BUDGET SHALL ALSO CON TAIN THE APPROP RIATIONS 24
550	550	NECESSARY TO IMPLEME NT ALL TERMS AND CON DITIONS OF EMPLOYMEN T IN EACH 25
551	551	MEMORANDUM OF UNDERS TANDING CONCLUDED WI TH THE STATE, WHETHER 26
552	552	REACHED THROUGH MUTU AL AGREEMENT OR ARBI TRATION THAT IS BIND ING ON 27
553	553	THE PARTIES, THE GOVERNOR, STATE INSTITUTIONS OF HIGHER EDUCATION , AND 28
554	554	THE MARYLAND ENVIRONMENTAL SERVICE, FOR THE NEXT ENSUING FISCAL YEAR 29
555	555	FOR STATE EMPLOYEES IN TH E VARIOUS BRANCHES A ND DEPARTMENTS OF STATE 30
556	556	GOVERNMENT , INCLUDING HIGHER EDU CATION. Accompanying each Budget shall be a 31
557	557	statement showing: (a) the revenues and expenditures for the preceding fiscal year; (b) the 32
558	558	current assets, liabilities, reserves and surplus or deficit of the State; (c) the debts and 33
559	559	funds of the State; (d) an estimate of the State’s financial condition as of the beginning and 34
560	560	end of the preceding fiscal year; (e) CHANGES IN WAGES , HOURS, FRINGE BENEFITS , 35
561	561	HEALTH BENEFITS , AND OTHER TERMS AND CONDITIONS OF EMPLOY MENT FOR 36
562	562	STATE EMPLOYEES INCLU DED IN EACH MEMORAND UM OF UNDERSTANDING 37
563	563	COVERING STATE EMPLOYEES FOR T HE NEXT ENSUIN G FISCAL YEAR; AND (F) any 38
564	564	explanation the Governor may desire to make as to the important features of the Budget 39 HOUSE BILL 114 13
565	565
566	566
567	567	and any suggestions as to methods for reduction or increase of the State’s revenue. 1
568	568
569	569	(4) Each Budget shall embrace an estimate of all appropriations in such form and 2
570	570	detail as the Governor shall determine or as may be prescribed by law, as follows: (a) for 3
571	571	the General Assembly as certified to the Governor in the manner hereinafter provided; (b) 4
572	572	for the Executive Department; (c) for the Judiciary Department, as provided by law, as 5
573	573	certified to the Governor; (d) to pay and discharge the principal and interest of the debt of 6
574	574	the State in conformity with Section 34 of Article III of the Constitution, and all laws 7
575	575	enacted in pursuance thereof; (e) for the salaries AND FRINGE BENEFITS payable by the 8
576	576	State and under the Constitution and laws of the State, INCLUDING THOSE SALA RIES 9
577	577	AND BENEFITS COMMITT ED UNDER EACH MEMORA NDUM OF UNDERSTANDIN G 10
578	578	COVERING STATE EMPLOYEES ; (f) for the establishment and maintenance throughout 11
579	579	the State of a thorough and efficient system of public schools in conformity with Article 8 12
580	580	of the Constitution and with the laws of the State; and (g) for such other purposes as are 13
581	581	set forth in the Constitution or laws of the State. 14
582	582
583	583	(5) The Governor shall deliver to the presiding officer of each House the Budget 15
584	584	and a bill for all the proposed appropriations of the Budget classified and in such form and 16
585	585	detail as the Governor shall determine or as may be prescribed by law; and the presiding 17
586	586	officer of each House shall promptly cause said bill to be introduced therein, and such bill 18
587	587	shall be known as the “Budget Bill.” The Governor may, with the consent of the General 19
588	588	Assembly, before final action thereon by the General Assembly, amend or supplement said 20
589	589	Budget to correct an oversight, provide funds contingent on passage of pending legislation 21
590	590	or, in case of an emergency, by delivering such an amendment or supplement to the 22
591	591	presiding officers of both Houses; and such amendment or supplement shall thereby become 23
592	592	a part of said Budget Bill as an addition to the items of said bill or as a modification of or a 24
593	593	substitute for any item of said bill such amendment or supplement may affect. 25
594	594
595	595	(5a) The Budget and the Budget Bill as submitted by the Governor to the General 26
596	596	Assembly shall have a figure for the total of all proposed appropriations and a figure for 27
597	597	the total of all estimated revenues available to pay the appropriations, and the figure for 28
598	598	total proposed appropriations shall not exceed the figure for total estimated revenues. 29
599	599	Neither the Governor in submitting an amendment or supplement to the Budget Bill nor 30
600	600	the General Assembly in amending the Budget Bill shall thereby cause the figure for total 31
601	601	proposed appropriations to exceed the figure for total estimated revenues, including any 32
602	602	revisions, and in the Budget Bill as enacted the figure for total estimated revenues always 33
603	603	shall be equal to or exceed the figure for total appropriations. 34
604	604
605	605	(6) The General Assembly shall not amend the Budget Bill so as to affect either 35
606	606	the obligations of the State under Section 34 of Article III of the Constitution, or the 36
607	607	provisions made by the laws of the State for the establishment and maintenance of a system 37
608	608	of public schools or the payment of any salaries required to be paid by the State of Maryland 38
609	609	by the Constitution. 39
610	610
611	611	(6a) In enacting a balanced Budget Bill each fiscal year as required under this 40
612	612	Section, the General Assembly may amend the bill by increasing or diminishing the items 41
613	613	therein relating to the General Assembly, and by increasing or diminishing the items 42 14 HOUSE BILL 114
614	614
615	615
616	616	therein relating to the judiciary, but except as hereinbefore specified, may not alter the bill 1
617	617	except to strike out or reduce items therein, provided, however, that the salary or 2
618	618	compensation of any public officer may not be decreased during the public officer’s term of 3
619	619	office. When passed by both Houses, the Budget Bill shall be presented to the Governor for 4
620	620	approval or disapproval according to Section 17 of Article II of this Constitution. 5
621	621
622	622	(6b) In enacting a balanced Budget Bill as required under this Section for fiscal 6
623	623	year 2024 and each fiscal year thereafter, the General Assembly may amend the bill by 7
624	624	increasing, diminishing, or adding items therein relating to the General Assembly, by 8
625	625	increasing, diminishing, or adding items therein relating to the judiciary, and by 9
626	626	increasing, diminishing, or adding items therein relating to the Executive Department, 10
627	627	provided that the total of the appropriation for the Executive Department approved by the 11
628	628	General Assembly does not exceed the total proposed appropriation for the Executive 12
629	629	Department submitted by the Governor. The salary or compensation of any public officer 13
630	630	may not be decreased during the public officer’s term of office. When passed by both Houses, 14
631	631	the Budget Bill shall be a law immediately without further action by the Governor. 15
632	632
633	633	(7) The Governor and such representatives of the executive departments, boards, 16
634	634	officers and commissions of the State expending or applying for State’s moneys, as have 17
635	635	been designated by the Governor for this purpose, shall have the right, and when requested 18
636	636	by either House of the General Assembly, it shall be their duty to appear and be heard with 19
637	637	respect to any Budget Bill during the consideration thereof, and to answer inquiries relative 20
638	638	thereto. 21
639	639
640	640	(8) Supplementary Appropriation Bill. Either House may consider other 22
641	641	appropriations but both Houses shall not finally act upon such appropriations until after 23
642	642	the Budget Bill has been finally acted upon by both Houses, and no such other 24
643	643	appropriation shall be valid except in accordance with the provisions following: (a) Every 25
644	644	such appropriation shall be embodied in a separate bill limited to some single work, object 26
645	645	or purpose therein stated and called herein a Supplementary Appropriation Bill; (b) Each 27
646	646	Supplementary Appropriation Bill shall provide the revenue necessary to pay the 28
647	647	appropriation thereby made by a tax, direct or indirect, to be levied and collected as shall 29
648	648	be directed in said bill; (c) No Supplementary Appropriation Bill shall become a law unless 30
649	649	it be passed in each House by a vote of a majority of the whole number of the members 31
650	650	elected, and the yeas and nays recorded on its final passage; (d) Each Supplementary 32
651	651	Appropriation Bill shall be presented to the Governor of the State as provided in Section 33
652	652	17 of Article 2 of the Constitution and thereafter all the provisions of said section shall 34
653	653	apply. 35
654	654
655	655	(9) Nothing in this section shall be construed as preventing the General Assembly 36
656	656	from passing at any time, in accordance with the provisions of Section 28 of Article 3 of the 37
657	657	Constitution and subject to the Governor’s power of approval as provided in Section 17 of 38
658	658	Article 2 of the Constitution, an appropriation bill to provide for the payment of any 39
659	659	obligation of the State within the protection of Section 10 of Article 1 of the Constitution of 40
660	660	the United States. 41
661	661
662	662	(10) If the Budget Bill shall not have been finally acted upon by the Legislature 42 HOUSE BILL 114 15
663	663
664	664
665	665	seven days before the expiration of the regular session, the Governor shall issue a 1
666	666	proclamation extending the session for some further period as may, in the Governor’s 2
667	667	judgment, be necessary for the passage of such bill; but no matter other than such bill shall 3
668	668	be considered during such extended session except a provision for the cost thereof. 4
669	669
670	670	(11) For the purpose of making up the Budget, the Governor shall require from the 5
671	671	proper State officials (including all executive departments, all executive and administrative 6
672	672	offices, bureaus, boards, commissions and agencies that expend or supervise the 7
673	673	expenditure of, and all institutions applying, for State moneys and appropriations) such 8
674	674	itemized estimates and other information, in such form and at such times as directed by 9
675	675	the Governor. An estimate for a program required to be funded by a law which will be in 10
676	676	effect during the fiscal year covered by the Budget and which was enacted before July 1 of 11
677	677	the fiscal year prior to that date shall provide a level of funding not less than that prescribed 12
678	678	in the law. The estimates for the Legislative Department, certified by the presiding officer 13
679	679	of each House, of the Judiciary, as provided by law, certified by the Chief Justice of the 14
680	680	Supreme Court of Maryland, and for the public schools, as provided by law, shall be 15
681	681	transmitted to the Governor, in such form and at such times as directed by the Governor, 16
682	682	and shall be included in the Budget without revision. 17
683	683
684	684	(12) The Governor may provide for public hearings on all estimates and may 18
685	685	require the attendance at such hearings of representatives of all agencies, and for all 19
686	686	institutions applying for State moneys. After such public hearings the Governor may, in 20
687	687	the Governor’s discretion, revise all estimates except those for the legislative and judiciary 21
688	688	departments, and for the public schools, as provided by law, and except that the Governor 22
689	689	may not reduce an estimate for a program below a level of funding prescribed by a law 23
690	690	which will be in effect during the fiscal year covered by the Budget, and which was enacted 24
691	691	before July 1 of the fiscal year prior thereto. 25
692	692
693	693	(13) The General Assembly may, from time to time, enact such laws not 26
694	694	inconsistent with this section, as may be necessary and proper to carry out its provisions. 27
695	695
696	696	(14) In the event of any inconsistency between any of the provisions of this Section 28
697	697	and any of the other provisions of the Constitution, the provisions of this Section shall 29
698	698	prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 30
699	699	3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or 31
700	700	be construed as preventing the Governor from calling extraordinary sessions of the General 32
701	701	Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at 33
702	702	such extraordinary sessions from considering any emergency appropriation or 34
703	703	appropriations. 35
704	704
705	705	(15) If any item of any appropriation bill passed under the provisions of this 36
706	706	Section shall be held invalid upon any ground, such invalidity shall not affect the legality 37
707	707	of the bill or of any other item of such bill or bills. 38
708	708
709	709	SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly 39
710	710	determines that the amendment to the Maryland Constitution proposed by Section 2 of this 40
711	711	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 41 16 HOUSE BILL 114
712	712
713	713
714	714	Constitution concerning local approval of constitutional amendments do not apply. 1
715	715
716	716	SECTION 4. AND BE IT FURTHER ENACTED, That: 2
717	717
718	718	(a) The amendment to the Maryland Constitution proposed by Section 2 of this 3
719	719	Act shall be submitted to the qualified voters of the State at the next general election to be 4
720	720	held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 5
721	721	Constitution. 6
722	722
723	723	(b) (1) At that general election, the vote on the proposed amendment to the 7
724	724	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 8
725	725	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 9
726	726	provided by law. 10
727	727
728	728	(2) At that general election, a question substantially similar to the 11
729	729	following shall be submitted to the qualified voters of the State: 12
730	730
731	731	“Question ___ – Constitutional Amendment 13
732	732
733	733	Providing that each budget shall include expenditures necessary to implement wages, 14
734	734	hours, fringe benefits, health benefits, and other terms and conditions of employment for 15
735	735	State employees concluded in each memorandum of understanding covering State 16
736	736	employees.”. 17
737	737
738	738	(c) Immediately after the election, all returns shall be made to the Governor of 18
739	739	the vote for and against the proposed amendment, as directed by Article XIV of the 19
740	740	Maryland Constitution, and further proceedings had in accordance with Article XIV. 20
741	741
742	742	SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 21
743	743	4 of this Act, this Act shall take effect July 1, 2024. 22