MD
Maryland House Bill HB260

Maryland 2024 Regular Session

Maryland House Bill HB260 Compare Versions

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1- WES MOORE, Governor Ch. 133
21
3-– 1 –
4-Chapter 133
5-(House Bill 260)
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+ *hb0260*
89
9-State Personnel – Collective Bargaining – Supervisory Employees
10+HOUSE BILL 260
11+P4 4lr1107
12+ CF SB 192
13+By: Delegate Chang
14+Introduced and read first time: January 12, 2024
15+Assigned to: Appropriations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 20, 2024
1019
11-FOR the purpose of providing collective bargaining rights to certain supervisory State
12-employees; establishing separate bargaining units for certain supervisory State
13-employees; and generally relating to collective bargaining for supervisory State
14-employees.
20+CHAPTER ______
1521
16-BY repealing and reenacting, with amendments,
17- Article – State Personnel and Pensions
18-Section 3–102
19- Annotated Code of Maryland
20- (2015 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2123
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
24+State Personnel – Collective Bargaining – Supervisory Employees 2
2425
25-Article – State Personnel and Pensions
26+FOR the purpose of providing collective bargaining rights to certain supervisory State 3
27+employees; establishing separate bargaining units for certain supervisory State 4
28+employees; and generally relating to collective bargaining for supervisory State 5
29+employees. 6
2630
27-3–102.
31+BY repealing and reenacting, with amendments, 7
32+ Article – State Personnel and Pensions 8
33+Section 3–102 9
34+ Annotated Code of Maryland 10
35+ (2015 Replacement Volume and 2023 Supplement) 11
2836
29- (a) Except as provided in this title or as otherwise provided by law, this title
30-applies to:
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38+That the Laws of Maryland read as follows: 13
3139
32- (1) all employees of:
40+Article – State Personnel and Pensions 14
3341
34- (i) the principal departments within the Executive Branch of State
35-government;
42+3–102. 15
3643
37- (ii) the Maryland Insurance Administration;
44+ (a) Except as provided in this title or as otherwise provided by law, this title 16
45+applies to: 17
3846
39- (iii) the State Department of Assessments and Taxation;
47+ (1) all employees of: 18
48+ 2 HOUSE BILL 260
4049
41- (iv) the State Lottery and Gaming Control Agency;
4250
43- (v) the University System of Maryland, Morgan State University,
44-St. Mary’s College of Maryland, and Baltimore City Community College;
51+ (i) the principal departments within the Executive Branch of State 1
52+government; 2
4553
46- (vi) the Comptroller;
54+ (ii) the Maryland Insurance Administration; 3
4755
48- (vii) the Maryland Transportation Authority who are not police
49-officers; Ch. 133 2024 LAWS OF MARYLAND
56+ (iii) the State Department of Assessments and Taxation; 4
5057
51-– 2 –
58+ (iv) the State Lottery and Gaming Control Agency; 5
5259
53- (viii) the State Retirement Agency;
60+ (v) the University System of Maryland, Morgan State University, 6
61+St. Mary’s College of Maryland, and Baltimore City Community College; 7
5462
55- (ix) the State Department of Education;
63+ (vi) the Comptroller; 8
5664
57- (x) the Maryland Environmental Service;
65+ (vii) the Maryland Transportation Authority who are not police 9
66+officers; 10
5867
59- (xi) the Maryland School for the Deaf; and
68+ (viii) the State Retirement Agency; 11
6069
61- (xii) the Office of the Public Defender;
70+ (ix) the State Department of Education; 12
6271
63- (2) firefighters for the Martin State Airport at the rank of captain or below
64-who are employed by the Military Department; and
72+ (x) the Maryland Environmental Service; 13
6573
66- (3) all full–time Maryland Transportation Authority police officers at the
67-rank of first sergeant and below.
74+ (xi) the Maryland School for the Deaf; and 14
6875
69- (b) This title does not apply to:
76+ (xii) the Office of the Public Defender; 15
7077
71- (1) employees of the Maryland Transit Administration, as that term is
72-defined in § 7–601(a)(2) of the Transportation Article;
78+ (2) firefighters for the Martin State Airport at the rank of captain or below 16
79+who are employed by the Military Department; and 17
7380
74- (2) an employee who is elected to the position by popular vote;
81+ (3) all full–time Maryland Transportation Authority police officers at the 18
82+rank of first sergeant and below. 19
7583
76- (3) an employee in a position by election or appointment that is provided
77-for by the Maryland Constitution;
84+ (b) This title does not apply to: 20
7885
79- (4) an employee who is:
86+ (1) employees of the Maryland Transit Administration, as that term is 21
87+defined in § 7–601(a)(2) of the Transportation Article; 22
8088
81- (i) a special appointment in the State Personnel Management
82-System; or
89+ (2) an employee who is elected to the position by popular vote; 23
8390
84- (ii) 1. directly appointed by the Governor by an appointment
85-that is not provided for by the Maryland Constitution;
91+ (3) an employee in a position by election or appointment that is provided 24
92+for by the Maryland Constitution; 25
8693
87- 2. appointed by or on the staff of the Governor or Lieutenant
88-Governor; or
94+ (4) an employee who is: 26
8995
90- 3. assigned to the Government House or the Governor’s
91-Office;
96+ (i) a special appointment in the State Personnel Management 27
97+System; or 28 HOUSE BILL 260 3
9298
93- (5) an employee assigned to the Board or with access to records of the
94-Board;
9599
96- (6) an employee in:
97- WES MOORE, Governor Ch. 133
98100
99-– 3 –
100- (i) the executive service of the State Personnel Management
101-System; or
101+ (ii) 1. directly appointed by the Governor by an appointment 1
102+that is not provided for by the Maryland Constitution; 2
102103
103- (ii) a unit of the Executive Branch with an independent personnel
104-system who is:
104+ 2. appointed by or on the staff of the Governor or Lieutenant 3
105+Governor; or 4
105106
106- 1. the chief administrator of the unit or a comparable
107-position that is not excluded under item (3) of this subsection as a constitutional or elected
108-office; or
107+ 3. assigned to the Government House or the Governor ’s 5
108+Office; 6
109109
110- 2. a deputy or assistant administrator of the unit or a
111-comparable position;
110+ (5) an employee assigned to the Board or with access to records of the 7
111+Board; 8
112112
113- (7) (i) a temporary or contractual employee in the State Personnel
114-Management System; or
113+ (6) an employee in: 9
115114
116- (ii) a contractual, temporary, or emergency employee in a unit of the
117-Executive Branch with an independent personnel system;
115+ (i) the executive service of the State Personnel Management 10
116+System; or 11
118117
119- (8) an employee who is entitled to participate in collective bargaining
120-under another law;
118+ (ii) a unit of the Executive Branch with an independent personnel 12
119+system who is: 13
121120
122- (9) an employee of the University System of Maryland, Morgan State
123-University, St. Mary’s College of Maryland, or Baltimore City Community College who is:
121+ 1. the chief administrator of the unit or a comparable 14
122+position that is not excluded under item (3) of this subsection as a constitutional or elected 15
123+office; or 16
124124
125- (i) a chief administrator or in a comparable position;
125+ 2. a deputy or assistant administrator of the unit or a 17
126+comparable position; 18
126127
127- (ii) a deputy, associate, or assistant administrator or in a
128-comparable position;
128+ (7) (i) a temporary or contractual employee in the State Personnel 19
129+Management System; or 20
129130
130- (iii) a member of the faculty, including a faculty librarian;
131+ (ii) a contractual, temporary, or emergency employee in a unit of the 21
132+Executive Branch with an independent personnel system; 22
131133
132- (iv) a student employee, including a teaching assistant or a
133-comparable position, fellow, or post doctoral intern;
134+ (8) an employee who is entitled to participate in collective bargaining 23
135+under another law; 24
134136
135- (v) a contingent, contractual, temporary, or emergency employee;
137+ (9) an employee of the University System of Maryland, Morgan State 25
138+University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 26
136139
137- (vi) a contingent, contractual, or temporary employee whose position
138-is funded through a research or service grant or contract, or through clinical revenues; or
140+ (i) a chief administrator or in a comparable position; 27
139141
140- (vii) an employee whose regular place of employment is outside the
141-State of Maryland;
142+ (ii) a deputy, associate, or assistant administrator or in a 28
143+comparable position; 29
142144
143- (10) an employee whose participation in a labor organization would be
144-contrary to the State’s ethics laws;
145- Ch. 133 2024 LAWS OF MARYLAND
145+ (iii) a member of the faculty, including a faculty librarian; 30
146+ 4 HOUSE BILL 260
146147
147-– 4 –
148- (11) any [supervisory,] managerial[,] or confidential employee of a unit of
149-State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) (XII) of this
150-section, as defined in regulations adopted by the Secretary;
151148
152- (12) any supervisory, managerial, or confidential employee of a State
153-institution of higher education listed in subsection (a)(1)(v) of this section, as defined in
154-regulations adopted by the governing board of the institution; or
149+ (iv) a student employee, including a teaching assistant or a 1
150+comparable position, fellow, or post doctoral intern; 2
155151
156- (13) any employee described in subsection (a)(2) of this section who is a
157-[supervisory,] managerial[,] or confidential employee, as defined in regulations adopted by
158-the Secretary.
152+ (v) a contingent, contractual, temporary, or emergency employee; 3
159153
160- (c) Employees, employers, and exclusive representatives subject to this title are
161-subject to the provisions of Title 22 of the State Government Article.
154+ (vi) a contingent, contractual, or temporary employee whose position 4
155+is funded through a research or service grant or contract, or through clinical revenues; or 5
162156
163- (d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a
164-bargaining unit shall consist only of employees defined in regulations adopted by the
165-Secretary and not specifically excluded by subsection (b) of this section.
157+ (vii) an employee whose regular place of employment is outside the 6
158+State of Maryland; 7
166159
167- (2) (i) Each system institution, Morgan State University, St. Mary’s
168-College of Maryland, and Baltimore City Community College shall have separate
169-bargaining units.
160+ (10) an employee whose participation in a labor organization would be 8
161+contrary to the State’s ethics laws; 9
170162
171- (ii) Appropriate bargaining units shall consist of:
163+ (11) any [supervisory,] managerial[,] or confidential employee of a unit of 10
164+State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) (XII) of this 11
165+section, as defined in regulations adopted by the Secretary; 12
172166
173- 1. all eligible nonexempt employees, as described in the
174-federal Fair Labor Standards Act, except eligible sworn police officers;
167+ (12) any supervisory, managerial, or confidential employee of a State 13
168+institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 14
169+regulations adopted by the governing board of the institution; or 15
175170
176- 2. all eligible exempt employees, as described in the federal
177-Fair Labor Standards Act; and
171+ (13) any employee described in subsection (a)(2) of this section who is a 16
172+[supervisory,] managerial[,] or confidential employee, as defined in regulations adopted by 17
173+the Secretary. 18
178174
179- 3. all eligible sworn police officers.
175+ (c) Employees, employers, and exclusive representatives subject to this title are 19
176+subject to the provisions of Title 22 of the State Government Article. 20
180177
181- (3) (i) Except as provided in subparagraph (ii) of this paragraph, the
182-Secretary or the Secretary’s designee shall have the authority to assign classification titles
183-and positions to bargaining units as appropriate.
178+ (d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a 21
179+bargaining unit shall consist only of employees defined in regulations adopted by the 22
180+Secretary and not specifically excluded by subsection (b) of this section. 23
184181
185- (ii) The following individuals and entities shall assign classification
186-titles and positions to bargaining units at the following institutions:
182+ (2) (i) Each system institution, Morgan State University, St. Mary’s 24
183+College of Maryland, and Baltimore City Community College shall have separate 25
184+bargaining units. 26
187185
188- 1. at a system institution, the President of the system
189-institution; and
186+ (ii) Appropriate bargaining units shall consist of: 27
190187
191- 2. at Morgan State University, St. Mary’s College of
192-Maryland, or Baltimore City Community College, the governing board of the institution.
193- WES MOORE, Governor Ch. 133
188+ 1. all eligible nonexempt employees, as described in the 28
189+federal Fair Labor Standards Act, except eligible sworn police officers; 29
194190
195-– 5 –
196- (4) Notwithstanding any other provision of law:
191+ 2. all eligible exempt employees, as described in the federal 30
192+Fair Labor Standards Act; and 31
197193
198- (i) Maryland Transportation Authority police officers at the rank of
199-first sergeant and below shall have a separate bargaining unit; [and]
194+ 3. all eligible sworn police officers. 32
195+ HOUSE BILL 260 5
200196
201- (ii) faculty at the Maryland School for the Deaf shall have a separate
202-bargaining unit; AND
203197
204- (III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE
205-GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV), AND (VI) THROUGH
206-(VIII), OR (XI) OR (2) (XII) OF THIS SECTION WHO ARE NOT CONFIDENTIAL
207-EMPLOYEES SHALL HAVE A SEPARATE BARGAININ G UNIT.
198+ (3) (i) Except as provided in subparagraph (ii) of this paragraph, the 1
199+Secretary or the Secretary’s designee shall have the authority to assign classification titles 2
200+and positions to bargaining units as appropriate. 3
208201
209- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
210-October 1, 2024.
202+ (ii) The following individuals and entities shall assign classification 4
203+titles and positions to bargaining units at the following institutions: 5
211204
212-Approved by the Governor, April 25, 2024.
205+ 1. at a system institution, the President of the system 6
206+institution; and 7
207+
208+ 2. at Morgan State University, St. Mary’s College of 8
209+Maryland, or Baltimore City Community College, the governing board of the institution. 9
210+
211+ (4) Notwithstanding any other provision of law: 10
212+
213+ (i) Maryland Transportation Authority police officers at the rank of 11
214+first sergeant and below shall have a separate bargaining unit; [and] 12
215+
216+ (ii) faculty at the Maryland School for the Deaf shall have a separate 13
217+bargaining unit; AND 14
218+
219+ (III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE 15
220+GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV), AND (VI) THROUGH 16
221+(VIII), OR (XI) OR (2) (XII) OF THIS SECTION WHO ARE NOT CONFIDENTIAL 17
222+EMPLOYEES SHALL HAVE A SEPARATE BARGAININ G UNIT. 18
223+
224+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
225+October 1, 2024. 20
226+
227+
228+
229+
230+Approved:
231+________________________________________________________________________________
232+ Governor.
233+________________________________________________________________________________
234+ Speaker of the House of Delegates.
235+________________________________________________________________________________
236+ President of the Senate.