Maryland 2024 Regular Session

Maryland House Bill HB1520 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 EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1520
6	6
7	7	HOUSE BILL 1520
8	8	P4 4lr3370
9	9
10	10	By: Delegates Solomon and Edelson
11	11	Introduced and read first time: February 26, 2024
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Personnel – Transfer of Employees in the Department of Transportation 2
19	19	Human Resources Management System to the State Personnel Management 3
20	20	System 4
21	21
22	22	FOR the purpose of transferring employees of the Department of Transportation Human 5
23	23	Resources Management System to the State Personnel Management System ; 6
24	24	repealing the Department’s Human Resources Management System; and generally 7
25	25	relating to State employees and the State Personnel Management System. 8
26	26
27	27	BY repealing 9
28	28	Article – Transportation 10
29	29	Section 2–103.4 11
30	30	Annotated Code of Maryland 12
31	31	(2020 Replacement Volume and 2023 Supplement) 13
32	32
33	33	BY renumbering 14
34	34	Article – Transportation 15
35	35	Section 2–103.5, 2–103.6, 2–103.7, and 2–103.8 16
36	36	to be Section 2–103.4, 2–103.5, 2–103.6, and 2–103.7, respectively 17
37	37	Annotated Code of Maryland 18
38	38	(2020 Replacement Volume and 2023 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – State Government 21
42	42	Section 8–3A–02 22
43	43	Annotated Code of Maryland 23
44	44	(2021 Replacement Volume and 2023 Supplement) 24
45	45
46	46	BY repealing and reenacting, with amendments, 25
47	47	Article – State Personnel and Pensions 26
48	48	Section 2–407(a), 5–208(d), and 9–202(b) 27 2 HOUSE BILL 1520
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2015 Replacement Volume and 2023 Supplement) 2
53	53
54	54	BY repealing and reenacting, with amendments, 3
55	55	Article – Transportation 4
56	56	Section 2–102, 7–206(a) and (b), 8–204(e)(1), and 12–104(d) 5
57	57	Annotated Code of Maryland 6
58	58	(2020 Replacement Volume and 2023 Supplement) 7
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61	61	That Section(s) 2–103.4 of Article – Transportation of the Annotated Code of Maryland be 9
62	62	repealed. 10
63	63
64	64	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 2–103.5, 2–103.6, 11
65	65	2–103.7, and 2–103.8 of Article – Transportation of the Annotated Code of Maryland be 12
66	66	renumbered to be Section(s) 2–103.4, 2–103.5, 2–103.6, and 2–103.7, respectively. 13
67	67
68	68	SECTION 3. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 14
69	69	as follows: 15
70	70
71	71	Article – State Government 16
72	72
73	73	8–3A–02. 17
74	74
75	75	(a) On or before December 1 of each gubernatorial election year[: 18
76	76
77	77	(1)] the Secretary of Budget and Management shall compile a list of the 19
78	78	position, pay grade, and title of each employee in the State Personnel Management System 20
79	79	who is employed with regard to political affiliation, belief, or opinion under § 4–201(c)(2)(ii) 21
80	80	of the State Personnel and Pensions Article[; and 22
81	81
82	82	(2) the Secretary of Transportation shall compile a list of the position, pay 23
83	83	grade, and title of each employee in the Maryland Department of Transportation’s Human 24
84	84	Resource System who is employed with regard to political affiliation, belief, or opinion 25
85	85	under § 2–103.4(b)(2)(ii) of the Transportation Article]. 26
86	86
87	87	(b) [The Secretary of Transportation shall provide the list of employees required 27
88	88	under subsection (a)(2) of this section to the Secretary of Budget and Management on or 28
89	89	before December 15 of each gubernatorial election year. 29
90	90
91	91	(c)] In accordance with § 2–1257 of this article, on or before December 31 of each 30
92	92	gubernatorial election year, the Secretary of Budget and Management shall submit a report 31
93	93	to the Governor, the President of the Senate, and the Speaker of the House of Delegates on 32
94	94	the total number of State employees employed with regard to political affiliation, belief, or 33
95	95	opinion under this section. 34
96	96	HOUSE BILL 1520 3
97	97
98	98
99	99	Article – State Personnel and Pensions 1
100	100
101	101	2–407. 2
102	102
103	103	(a) If an appointing authority does not report payroll information in accordance 3
104	104	with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may 4
105	105	initiate a grievance under the grievance procedure established under: 5
106	106
107	107	(1) Title 12, Subtitle 2 of this article; 6
108	108
109	109	(2) Title 13, Subtitle 2 of the Education Article; 7
110	110
111	111	(3) Title 14, Subtitle 3 of the Education Article; 8
112	112
113	113	(4) § 14–408 of the Education Article; 9
114	114
115	115	(5) § 16–510(a) of the Education Article; 10
116	116
117	117	(6) [§ 2–103.4 of the Transportation Article; 11
118	118
119	119	(7)] any other applicable grievance procedure; or 12
120	120
121	121	[(8)] (7) any other applicable collective bargaining agreement. 13
122	122
123	123	5–208. 14
124	124
125	125	(d) (1) Except as provided in paragraph (2) of this subsection, personnel 15
126	126	actions concerning special appointments or applicants for special appointment in the State 16
127	127	Personnel Management System or comparable positions in an independent personnel 17
128	128	system in the Executive Branch of State government shall be made without regard to 18
129	129	political affiliation, belief, or opinion. 19
130	130
131	131	(2) For the positions that are designated by the Secretary under § 20
132	132	4–201(c)(2)(ii) of this article [or by the Secretary of Transportation under § 2–103.4(b)(2) of 21
133	133	the Transportation Article], personnel actions concerning special appointments or 22
134	134	applicants for special appointment in the State Personnel Management System or 23
135	135	comparable positions in an independent personnel system in the Executive Branch of State 24
136	136	government may be made with regard to political affiliation, belief, or opinion. 25
137	137
138	138	9–202. 26
139	139
140	140	(b) This subtitle does not apply to: 27
141	141
142	142	(1) temporary employees; OR 28
143	143
144	144	(2) employees of any unit that is authorized or required by law to establish 29 4 HOUSE BILL 1520
145	145
146	146
147	147	holiday schedules different from those provided in this subtitle[; or 1
148	148
149	149	(3) employees of the State Department of Transportation]. 2
150	150
151	151	Article – Transportation 3
152	152
153	153	2–102. 4
154	154
155	155	(a) The head of the Department is the Secretary of Transportation, who shall be 5
156	156	appointed by the Governor with the advice and consent of the Senate. 6
157	157
158	158	(b) (1) The Secretary serves at the pleasure of the Governor and is responsible 7
159	159	directly to the Governor. The Secretary shall counsel and advise the Governor on all 8
160	160	matters assigned to the Department and is responsible for carrying out the Governor’s 9
161	161	policies on these matters. 10
162	162
163	163	(2) [(i)] The Secretary is responsible for the operation of the Department 11
164	164	and shall establish guidelines and procedures to promote the orderly and efficient 12
165	165	administration of the Department. He may establish, reorganize, or abolish areas of 13
166	166	responsibility in the Department as necessary to fulfill effectively the duties assigned to 14
167	167	him. He may designate staff assistants to be in charge of the areas of responsibility he 15
168	168	establishes. 16
169	169
170	170	[(ii) The Secretary may establish for employees of the Department a 17
171	171	human resources management system under § 2–103.4 of this subtitle that is not subject 18
172	172	to or controlled by the provisions of State law relating to other State employees.] 19
173	173
174	174	(3) The Secretary is entitled to the salary provided in the State budget. 20
175	175
176	176	(c) (1) With the approval of the Governor, the Secretary shall appoint a deputy 21
177	177	secretary who has the duties provided by law or delegated by the Secretary. 22
178	178
179	179	(2) The deputy secretary is the acting secretary during periods when the 23
180	180	Secretary is absent or disabled. 24
181	181
182	182	(3) The deputy secretary serves at the pleasure of the Secretary and is 25
183	183	entitled to the salary provided in the State budget. 26
184	184
185	185	(4) The deputy secretary shall serve as acting chairman of the Maryland 27
186	186	Transportation Authority, acting chairman of the Maryland Aviation Commission, and 28
187	187	acting chairman of the Maryland Port Commission during periods when the Secretary is 29
188	188	absent or disabled. 30
189	189
190	190	(5) In accordance with 49 U.S.C. 5329, the deputy secretary or the deputy 31
191	191	secretary’s designee shall have safety, regulatory, and enforcement authority over the 32
192	192	Maryland Transit Administration’s light rail transit system and Metro subway. 33
193	193	HOUSE BILL 1520 5
194	194
195	195
196	196	(d) (1) The Secretary may have in the Department the staff assistants, 1
197	197	professional consultants, and employees provided in the State budget. 2
198	198
199	199	(2) Each staff assistant in charge of an area of responsibility and each 3
200	200	professional consultant shall be appointed by and serves at the pleasure of the Secretary. 4
201	201
202	202	(3) Except as otherwise provided by law, the Secretary shall appoint and 5
203	203	remove all other personnel in accordance with[: 6
204	204
205	205	(i) The] THE provisions of the State Personnel and Pensions 7
206	206	Article[; or 8
207	207
208	208	(ii) A human resources management system established by the 9
209	209	Secretary under § 2–103.4 of this subtitle]. 10
210	210
211	211	(4) The Secretary may delegate the authority to appoint and remove 11
212	212	personnel of any unit to the head of that unit. 12
213	213
214	214	(e) Wherever the Secretary is authorized by law to make an appointment to a 13
215	215	particular position in the Department with the approval of the Governor, the Secretary may 14
216	216	not remove the appointee without first obtaining the Governor’s approval. 15
217	217
218	218	7–206. 16
219	219
220	220	(a) (1) Without regard to the laws of this State relating to other State 17
221	221	employees, [and subject to § 2–103.4 of this article,] the Administration may: 18
222	222
223	223	(i) Create and abolish any position other than one specifically 19
224	224	provided for in this title; and 20
225	225
226	226	(ii) Determine the qualification, appointment, removal, term, and 21
227	227	tenure of its employees. 22
228	228
229	229	(2) The Administration may determine the compensation of: 23
230	230
231	231	(i) Employees if the compensation is determined pursuant to 24
232	232	Subtitle 6 of this title; 25
233	233
234	234	(ii) Executive management positions, as recommended by the 26
235	235	Secretary and approved by the Governor, subject to approval in the budget; and 27
236	236
237	237	(iii) Management positions, subject to approval by the Secretary and 28
238	238	the Governor and the availability of funds in the budget. 29
239	239
240	240	(b) (1) [Subject to § 2–103.4 of this article, the] THE Administration may 30
241	241	establish a personnel system based on merit and fitness. 31 6 HOUSE BILL 1520
242	242
243	243
244	244
245	245	(2) The Administration may: 1
246	246
247	247	(i) Subject to Division II of the State Personnel and Pensions 2
248	248	Article, participate in the Employees’ Retirement System and the Employees’ Pension 3
249	249	System of the State of Maryland on terms and conditions mutually acceptable to the 4
250	250	Administration and the Board of Trustees for the State Retirement and Pension System; 5
251	251	and 6
252	252
253	253	(ii) Establish and maintain an independent system of pensions and 7
254	254	retirement benefits for its employees. 8
255	255
256	256	8–204. 9
257	257
258	258	(e) (1) [Subject to § 2–103.4 of this article, the] THE Administration may 10
259	259	employ engineers, accountants, professional and technical experts, surveyors, skilled and 11
260	260	unskilled laborers, advisors, consultants, and any other agents and employees that it 12
261	261	considers necessary to carry out its powers and duties. 13
262	262
263	263	12–104. 14
264	264
265	265	(d) (1) With the approval of the Secretary, the Administration shall employ 15
266	266	the deputies, subordinate officers, clerks, investigators, and other employees necessary to 16
267	267	carry out the powers and duties of the Administration. 17
268	268
269	269	(2) Except as otherwise provided by law, [and subject to § 2–103.4 of this 18
270	270	article,] each deputy, officer, and employee of the Administration: 19
271	271
272	272	(i) Is in the State Personnel Management System; and 20
273	273
274	274	(ii) Is entitled to the salary provided in the pay plan established 21
275	275	under Title 8, Subtitle 1 of the State Personnel and Pensions Article. 22
276	276
277	277	SECTION 4. AND BE IT FURTHER ENACTED, That: 23
278	278
279	279	(a) (1) On July 1, 2025, employees of the Department of Transportation shall 24
280	280	be transferred into the State Personnel Management System. 25
281	281
282	282	(2) Employees shall be appointed in the manner provided for other 26
283	283	employees in the State Personnel Management System. 27
284	284
285	285	(b) (1) An employee transferred under this Act shall be appointed without 28
286	286	further examination or qualification. 29
287	287
288	288	(2) The employee shall be placed in a classification that is comparable in 30
289	289	duties and responsibilities to the employee’s former position. 31
290	290	HOUSE BILL 1520 7
291	291
292	292
293	293	(3) The employee may not suffer a diminution of salary or wages, accrued 1
294	294	leave, whether earned or granted, or seniority rights. 2
295	295
296	296	(c) (1) Any increase in salary or wages granted after May 1, 2024, may be 3
297	297	retained on appointment to the State Personnel Management System only if approved by 4
298	298	the appointing authority. 5
299	299
300	300	(2) When establishing the rate of salary on appointment, the monetary 6
301	301	value of any and all other benefits, entitlements, services, or prerogatives may be 7
302	302	considered. 8
303	303
304	304	(d) After appointment, the employee is entitled to the same benefits provided to 9
305	305	any employee who is subject to the State Personnel Management System. 10
306	306
307	307	SECTION 5. AND BE IT FURTHER ENACTED, That this Act may not be construed 11
308	308	to affect the collective bargaining rights of members of the transit workers union, the rights 12
309	309	of employees hired at any time to join an employee organization, or the rights of Maryland 13
310	310	Transit Administration employees eligible under § 7–601 of the Transportation Article to 14
311	311	be included in a collective bargaining unit. 15
312	312
313	313	SECTION 6. AND BE IT FURTHER ENACTED, That Sections 1, 2, 3, and 4 of this 16
314	314	Act shall take effect July 1, 2025. 17
315	315
316	316	SECTION 7. AND BE IT FURTHER ENACTED, That , except as provided in Section 18
317	317	6 of this Act, this Act shall take effect July 1, 2024. 19