EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1520*
HOUSE BILL 1520
P4 4lr3370
By: Delegates Solomon and Edelson
Introduced and read first time: February 26, 2024
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Transfer of Employees in the Department of Transportation 2
Human Resources Management System to the State Personnel Management 3
System 4
FOR the purpose of transferring employees of the Department of Transportation Human 5
Resources Management System to the State Personnel Management System ; 6
repealing the Department’s Human Resources Management System; and generally 7
relating to State employees and the State Personnel Management System. 8
BY repealing 9
Article – Transportation 10
Section 2–103.4 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2023 Supplement) 13
BY renumbering 14
Article – Transportation 15
Section 2–103.5, 2–103.6, 2–103.7, and 2–103.8 16
to be Section 2–103.4, 2–103.5, 2–103.6, and 2–103.7, respectively 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Government 21
Section 8–3A–02 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Personnel and Pensions 26
Section 2–407(a), 5–208(d), and 9–202(b) 27 2 HOUSE BILL 1520
Annotated Code of Maryland 1
(2015 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Transportation 4
Section 2–102, 7–206(a) and (b), 8–204(e)(1), and 12–104(d) 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That Section(s) 2–103.4 of Article – Transportation of the Annotated Code of Maryland be 9
repealed. 10
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 2–103.5, 2–103.6, 11
2–103.7, and 2–103.8 of Article – Transportation of the Annotated Code of Maryland be 12
renumbered to be Section(s) 2–103.4, 2–103.5, 2–103.6, and 2–103.7, respectively. 13
SECTION 3. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 14
as follows: 15
Article – State Government 16
8–3A–02. 17
(a) On or before December 1 of each gubernatorial election year[: 18
(1)] the Secretary of Budget and Management shall compile a list of the 19
position, pay grade, and title of each employee in the State Personnel Management System 20
who is employed with regard to political affiliation, belief, or opinion under § 4–201(c)(2)(ii) 21
of the State Personnel and Pensions Article[; and 22
(2) the Secretary of Transportation shall compile a list of the position, pay 23
grade, and title of each employee in the Maryland Department of Transportation’s Human 24
Resource System who is employed with regard to political affiliation, belief, or opinion 25
under § 2–103.4(b)(2)(ii) of the Transportation Article]. 26
(b) [The Secretary of Transportation shall provide the list of employees required 27
under subsection (a)(2) of this section to the Secretary of Budget and Management on or 28
before December 15 of each gubernatorial election year. 29
(c)] In accordance with § 2–1257 of this article, on or before December 31 of each 30
gubernatorial election year, the Secretary of Budget and Management shall submit a report 31
to the Governor, the President of the Senate, and the Speaker of the House of Delegates on 32
the total number of State employees employed with regard to political affiliation, belief, or 33
opinion under this section. 34
HOUSE BILL 1520 3
Article – State Personnel and Pensions 1
2–407. 2
(a) If an appointing authority does not report payroll information in accordance 3
with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may 4
initiate a grievance under the grievance procedure established under: 5
(1) Title 12, Subtitle 2 of this article; 6
(2) Title 13, Subtitle 2 of the Education Article; 7
(3) Title 14, Subtitle 3 of the Education Article; 8
(4) § 14–408 of the Education Article; 9
(5) § 16–510(a) of the Education Article; 10
(6) [§ 2–103.4 of the Transportation Article; 11
(7)] any other applicable grievance procedure; or 12
[(8)] (7) any other applicable collective bargaining agreement. 13
5–208. 14
(d) (1) Except as provided in paragraph (2) of this subsection, personnel 15
actions concerning special appointments or applicants for special appointment in the State 16
Personnel Management System or comparable positions in an independent personnel 17
system in the Executive Branch of State government shall be made without regard to 18
political affiliation, belief, or opinion. 19
(2) For the positions that are designated by the Secretary under § 20
4–201(c)(2)(ii) of this article [or by the Secretary of Transportation under § 2–103.4(b)(2) of 21
the Transportation Article], personnel actions concerning special appointments or 22
applicants for special appointment in the State Personnel Management System or 23
comparable positions in an independent personnel system in the Executive Branch of State 24
government may be made with regard to political affiliation, belief, or opinion. 25
9–202. 26
(b) This subtitle does not apply to: 27
(1) temporary employees; OR 28
(2) employees of any unit that is authorized or required by law to establish 29 4 HOUSE BILL 1520
holiday schedules different from those provided in this subtitle[; or 1
(3) employees of the State Department of Transportation]. 2
Article – Transportation 3
2–102. 4
(a) The head of the Department is the Secretary of Transportation, who shall be 5
appointed by the Governor with the advice and consent of the Senate. 6
(b) (1) The Secretary serves at the pleasure of the Governor and is responsible 7
directly to the Governor. The Secretary shall counsel and advise the Governor on all 8
matters assigned to the Department and is responsible for carrying out the Governor’s 9
policies on these matters. 10
(2) [(i)] The Secretary is responsible for the operation of the Department 11
and shall establish guidelines and procedures to promote the orderly and efficient 12
administration of the Department. He may establish, reorganize, or abolish areas of 13
responsibility in the Department as necessary to fulfill effectively the duties assigned to 14
him. He may designate staff assistants to be in charge of the areas of responsibility he 15
establishes. 16
[(ii) The Secretary may establish for employees of the Department a 17
human resources management system under § 2–103.4 of this subtitle that is not subject 18
to or controlled by the provisions of State law relating to other State employees.] 19
(3) The Secretary is entitled to the salary provided in the State budget. 20
(c) (1) With the approval of the Governor, the Secretary shall appoint a deputy 21
secretary who has the duties provided by law or delegated by the Secretary. 22
(2) The deputy secretary is the acting secretary during periods when the 23
Secretary is absent or disabled. 24
(3) The deputy secretary serves at the pleasure of the Secretary and is 25
entitled to the salary provided in the State budget. 26
(4) The deputy secretary shall serve as acting chairman of the Maryland 27
Transportation Authority, acting chairman of the Maryland Aviation Commission, and 28
acting chairman of the Maryland Port Commission during periods when the Secretary is 29
absent or disabled. 30
(5) In accordance with 49 U.S.C. 5329, the deputy secretary or the deputy 31
secretary’s designee shall have safety, regulatory, and enforcement authority over the 32
Maryland Transit Administration’s light rail transit system and Metro subway. 33
HOUSE BILL 1520 5
(d) (1) The Secretary may have in the Department the staff assistants, 1
professional consultants, and employees provided in the State budget. 2
(2) Each staff assistant in charge of an area of responsibility and each 3
professional consultant shall be appointed by and serves at the pleasure of the Secretary. 4
(3) Except as otherwise provided by law, the Secretary shall appoint and 5
remove all other personnel in accordance with[: 6
(i) The] THE provisions of the State Personnel and Pensions 7
Article[; or 8
(ii) A human resources management system established by the 9
Secretary under § 2–103.4 of this subtitle]. 10
(4) The Secretary may delegate the authority to appoint and remove 11
personnel of any unit to the head of that unit. 12
(e) Wherever the Secretary is authorized by law to make an appointment to a 13
particular position in the Department with the approval of the Governor, the Secretary may 14
not remove the appointee without first obtaining the Governor’s approval. 15
7–206. 16
(a) (1) Without regard to the laws of this State relating to other State 17
employees, [and subject to § 2–103.4 of this article,] the Administration may: 18
(i) Create and abolish any position other than one specifically 19
provided for in this title; and 20
(ii) Determine the qualification, appointment, removal, term, and 21
tenure of its employees. 22
(2) The Administration may determine the compensation of: 23
(i) Employees if the compensation is determined pursuant to 24
Subtitle 6 of this title; 25
(ii) Executive management positions, as recommended by the 26
Secretary and approved by the Governor, subject to approval in the budget; and 27
(iii) Management positions, subject to approval by the Secretary and 28
the Governor and the availability of funds in the budget. 29
(b) (1) [Subject to § 2–103.4 of this article, the] THE Administration may 30
establish a personnel system based on merit and fitness. 31 6 HOUSE BILL 1520
(2) The Administration may: 1
(i) Subject to Division II of the State Personnel and Pensions 2
Article, participate in the Employees’ Retirement System and the Employees’ Pension 3
System of the State of Maryland on terms and conditions mutually acceptable to the 4
Administration and the Board of Trustees for the State Retirement and Pension System; 5
and 6
(ii) Establish and maintain an independent system of pensions and 7
retirement benefits for its employees. 8
8–204. 9
(e) (1) [Subject to § 2–103.4 of this article, the] THE Administration may 10
employ engineers, accountants, professional and technical experts, surveyors, skilled and 11
unskilled laborers, advisors, consultants, and any other agents and employees that it 12
considers necessary to carry out its powers and duties. 13
12–104. 14
(d) (1) With the approval of the Secretary, the Administration shall employ 15
the deputies, subordinate officers, clerks, investigators, and other employees necessary to 16
carry out the powers and duties of the Administration. 17
(2) Except as otherwise provided by law, [and subject to § 2–103.4 of this 18
article,] each deputy, officer, and employee of the Administration: 19
(i) Is in the State Personnel Management System; and 20
(ii) Is entitled to the salary provided in the pay plan established 21
under Title 8, Subtitle 1 of the State Personnel and Pensions Article. 22
SECTION 4. AND BE IT FURTHER ENACTED, That: 23
(a) (1) On July 1, 2025, employees of the Department of Transportation shall 24
be transferred into the State Personnel Management System. 25
(2) Employees shall be appointed in the manner provided for other 26
employees in the State Personnel Management System. 27
(b) (1) An employee transferred under this Act shall be appointed without 28
further examination or qualification. 29
(2) The employee shall be placed in a classification that is comparable in 30
duties and responsibilities to the employee’s former position. 31
HOUSE BILL 1520 7
(3) The employee may not suffer a diminution of salary or wages, accrued 1
leave, whether earned or granted, or seniority rights. 2
(c) (1) Any increase in salary or wages granted after May 1, 2024, may be 3
retained on appointment to the State Personnel Management System only if approved by 4
the appointing authority. 5
(2) When establishing the rate of salary on appointment, the monetary 6
value of any and all other benefits, entitlements, services, or prerogatives may be 7
considered. 8
(d) After appointment, the employee is entitled to the same benefits provided to 9
any employee who is subject to the State Personnel Management System. 10
SECTION 5. AND BE IT FURTHER ENACTED, That this Act may not be construed 11
to affect the collective bargaining rights of members of the transit workers union, the rights 12
of employees hired at any time to join an employee organization, or the rights of Maryland 13
Transit Administration employees eligible under § 7–601 of the Transportation Article to 14
be included in a collective bargaining unit. 15
SECTION 6. AND BE IT FURTHER ENACTED, That Sections 1, 2, 3, and 4 of this 16
Act shall take effect July 1, 2025. 17
SECTION 7. AND BE IT FURTHER ENACTED, That , except as provided in Section 18
6 of this Act, this Act shall take effect July 1, 2024. 19