MD
Maryland Senate Bill SB192

Maryland 2024 Regular Session

Maryland Senate Bill SB192 Compare Versions

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1- WES MOORE, Governor Ch. 134
21
3-– 1 –
4-Chapter 134
5-(Senate Bill 192)
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+ *sb0192*
89
9-State Personnel – Collective Bargaining – Supervisory Employees
10+SENATE BILL 192
11+P4 4lr0888
12+ (PRE–FILED) CF HB 260
13+By: Senator Kramer
14+Requested: October 6, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 13, 2024
1020
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.
21+CHAPTER ______
1522
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)
23+AN ACT concerning 1
2124
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
25+State Personnel – Collective Bargaining – Supervisory Employees 2
2426
25-Article – State Personnel and Pensions
27+FOR the purpose of providing collective bargaining rights to certain supervisory State 3
28+employees; establishing separate bargaining units for certain supervisory State 4
29+employees; and generally relating to collective bargaining for supervisory State 5
30+employees. 6
2631
27-3–102.
32+BY repealing and reenacting, with amendments, 7
33+ Article – State Personnel and Pensions 8
34+Section 3–102 9
35+ Annotated Code of Maryland 10
36+ (2015 Replacement Volume and 2023 Supplement) 11
2837
29- (a) Except as provided in this title or as otherwise provided by law, this title
30-applies to:
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39+That the Laws of Maryland read as follows: 13
3140
32- (1) all employees of:
41+Article – State Personnel and Pensions 14
3342
34- (i) the principal departments within the Executive Branch of State
35-government;
43+3–102. 15
3644
37- (ii) the Maryland Insurance Administration;
45+ (a) Except as provided in this title or as otherwise provided by law, this title 16
46+applies to: 17
3847
39- (iii) the State Department of Assessments and Taxation;
48+ (1) all employees of: 18 2 SENATE BILL 192
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;
4551
46- (vi) the Comptroller;
52+ (i) the principal departments within the Executive Branch of State 1
53+government; 2
4754
48- (vii) the Maryland Transportation Authority who are not police
49-officers; Ch. 134 2024 LAWS OF MARYLAND
55+ (ii) the Maryland Insurance Administration; 3
5056
51-– 2 –
57+ (iii) the State Department of Assessments and Taxation; 4
5258
53- (viii) the State Retirement Agency;
59+ (iv) the State Lottery and Gaming Control Agency; 5
5460
55- (ix) the State Department of Education;
61+ (v) the University System of Maryland, Morgan State University, 6
62+St. Mary’s College of Maryland, and Baltimore City Community College; 7
5663
57- (x) the Maryland Environmental Service;
64+ (vi) the Comptroller; 8
5865
59- (xi) the Maryland School for the Deaf; and
66+ (vii) the Maryland Transportation Authority who are not police 9
67+officers; 10
6068
61- (xii) the Office of the Public Defender;
69+ (viii) the State Retirement Agency; 11
6270
63- (2) firefighters for the Martin State Airport at the rank of captain or below
64-who are employed by the Military Department; and
71+ (ix) the State Department of Education; 12
6572
66- (3) all full–time Maryland Transportation Authority police officers at the
67-rank of first sergeant and below.
73+ (x) the Maryland Environmental Service; 13
6874
69- (b) This title does not apply to:
75+ (xi) the Maryland School for the Deaf; and 14
7076
71- (1) employees of the Maryland Transit Administration, as that term is
72-defined in § 7–601(a)(2) of the Transportation Article;
77+ (xii) the Office of the Public Defender; 15
7378
74- (2) an employee who is elected to the position by popular vote;
79+ (2) firefighters for the Martin State Airport at the rank of captain or below 16
80+who are employed by the Military Department; and 17
7581
76- (3) an employee in a position by election or appointment that is provided
77-for by the Maryland Constitution;
82+ (3) all full–time Maryland Transportation Authority police officers at the 18
83+rank of first sergeant and below. 19
7884
79- (4) an employee who is:
85+ (b) This title does not apply to: 20
8086
81- (i) a special appointment in the State Personnel Management
82-System; or
87+ (1) employees of the Maryland Transit Administration, as that term is 21
88+defined in § 7–601(a)(2) of the Transportation Article; 22
8389
84- (ii) 1. directly appointed by the Governor by an appointment
85-that is not provided for by the Maryland Constitution;
90+ (2) an employee who is elected to the position by popular vote; 23
8691
87- 2. appointed by or on the staff of the Governor or Lieutenant
88-Governor; or
92+ (3) an employee in a position by election or appointment that is provided 24
93+for by the Maryland Constitution; 25
8994
90- 3. assigned to the Government House or the Governor’s
91-Office;
95+ (4) an employee who is: 26
9296
93- (5) an employee assigned to the Board or with access to records of the
94-Board;
97+ (i) a special appointment in the State Personnel Managem ent 27 SENATE BILL 192 3
9598
96- (6) an employee in:
97- WES MOORE, Governor Ch. 134
9899
99-– 3 –
100- (i) the executive service of the State Personnel Management
101-System; or
100+System; or 1
102101
103- (ii) a unit of the Executive Branch with an independent personnel
104-system who is:
102+ (ii) 1. directly appointed by the Governor by an appointment 2
103+that is not provided for by the Maryland Constitution; 3
105104
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
105+ 2. appointed by or on the staff of the Governor or Lieutenant 4
106+Governor; or 5
109107
110- 2. a deputy or assistant administrator of the unit or a
111-comparable position;
108+ 3. assigned to the Government House or the Governor’s 6
109+Office; 7
112110
113- (7) (i) a temporary or contractual employee in the State Personnel
114-Management System; or
111+ (5) an employee assigned to the Board or with access to records of the 8
112+Board; 9
115113
116- (ii) a contractual, temporary, or emergency employee in a unit of the
117-Executive Branch with an independent personnel system;
114+ (6) an employee in: 10
118115
119- (8) an employee who is entitled to participate in collective bargaining
120-under another law;
116+ (i) the executive service of the State Personnel Management 11
117+System; or 12
121118
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:
119+ (ii) a unit of the Executive Branch with an independent personnel 13
120+system who is: 14
124121
125- (i) a chief administrator or in a comparable position;
122+ 1. the chief administrator of the unit or a comparable 15
123+position that is not excluded under item (3) of this subsection as a constitutional or elected 16
124+office; or 17
126125
127- (ii) a deputy, associate, or assistant administrator or in a
128-comparable position;
126+ 2. a deputy or assistant administrator of the unit or a 18
127+comparable position; 19
129128
130- (iii) a member of the faculty, including a faculty librarian;
129+ (7) (i) a temporary or contractual employee in the State Personnel 20
130+Management System; or 21
131131
132- (iv) a student employee, including a teaching assistant or a
133-comparable position, fellow, or post doctoral intern;
132+ (ii) a contractual, temporary, or emergency employee in a unit of the 22
133+Executive Branch with an independent personnel system; 23
134134
135- (v) a contingent, contractual, temporary, or emergency employee;
135+ (8) an employee who is entitled to participate in collective bargaining 24
136+under another law; 25
136137
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
138+ (9) an employee of the University System of Maryland, Morgan State 26
139+University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 27
139140
140- (vii) an employee whose regular place of employment is outside the
141-State of Maryland;
141+ (i) a chief administrator or in a comparable position; 28
142142
143- (10) an employee whose participation in a labor organization would be
144-contrary to the State’s ethics laws;
145- Ch. 134 2024 LAWS OF MARYLAND
143+ (ii) a deputy, associate, or assistant administrator or in a 29
144+comparable position; 30
146145
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
150-this section, as defined in regulations adopted by the Secretary;
146+ (iii) a member of the faculty, including a faculty librarian; 31 4 SENATE BILL 192
151147
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
155148
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 the
158-Secretary.
159149
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.
150+ (iv) a student employee, including a teaching assistant or a 1
151+comparable position, fellow, or post doctoral intern; 2
162152
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.
153+ (v) a contingent, contractual, temporary, or emergency employee; 3
166154
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.
155+ (vi) a contingent, contractual, or temporary employee whose position 4
156+is funded through a research or service grant or contract, or through clinical revenues; or 5
170157
171- (ii) Appropriate bargaining units shall consist of:
158+ (vii) an employee whose regular place of employment is outside the 6
159+State of Maryland; 7
172160
173- 1. all eligible nonexempt employees, as described in the
174-federal Fair Labor Standards Act, except eligible sworn police officers;
161+ (10) an employee whose participation in a labor organization would be 8
162+contrary to the State’s ethics laws; 9
175163
176- 2. all eligible exempt employees, as described in the federal
177-Fair Labor Standards Act; and
164+ (11) any [supervisory,] managerial[,] or confidential employee of a unit of 10
165+State government listed in subsection (a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 11
166+this section, as defined in regulations adopted by the Secretary; 12
178167
179- 3. all eligible sworn police officers.
168+ (12) any supervisory, managerial, or confidential employee of a State 13
169+institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 14
170+regulations adopted by the governing board of the institution; or 15
180171
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.
172+ (13) any employee described in subsection (a)(2) of this section who is a 16
173+supervisory, managerial, or confidential employee, as defined in regulations adopted by the 17
174+Secretary. 18
184175
185- (ii) The following individuals and entities shall assign classification
186-titles and positions to bargaining units at the following institutions:
176+ (c) Employees, employers, and exclusive representatives subject to this title are 19
177+subject to the provisions of Title 22 of the State Government Article. 20
187178
188- 1. at a system institution, the President of the system
189-institution; and
179+ (d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a 21
180+bargaining unit shall consist only of employees defined in regulations adopted by the 22
181+Secretary and not specifically excluded by subsection (b) of this section. 23
190182
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. 134
183+ (2) (i) Each system institution, Morgan State University, St. Mary’s 24
184+College of Maryland, and Baltimore City Community College shall have separate 25
185+bargaining units. 26
194186
195-– 5 –
196- (4) Notwithstanding any other provision of law:
187+ (ii) Appropriate bargaining units shall consist of: 27
197188
198- (i) Maryland Transportation Authority police officers at the rank of
199-first sergeant and below shall have a separate bargaining unit; [and]
189+ 1. all eligible nonexempt employees, as described in the 28
190+federal Fair Labor Standards Act, except eligible sworn police officers; 29
200191
201- (ii) faculty at the Maryland School for the Deaf shall have a separate
202-bargaining unit; AND
192+ 2. all eligible exempt employees, as described in the federal 30
193+Fair Labor Standards Act; and 31
203194
204- (III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE
205-GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV) AND (VI) THROUGH
206-(XII) OF THIS SECTION WHO ARE NOT CON FIDENTIAL EMPLOYEES SHALL HAVE A
207-SEPARATE BARGAINING UNIT.
195+ 3. all eligible sworn police officers. 32 SENATE BILL 192 5
208196
209- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
210-October 1, 2024.
211197
212-Approved by the Governor, April 25, 2024.
198+
199+ (3) (i) Except as provided in subparagraph (ii) of this paragraph, the 1
200+Secretary or the Secretary’s designee shall have the authority to assign classification titles 2
201+and positions to bargaining units as appropriate. 3
202+
203+ (ii) The following individuals and entities shall assign classification 4
204+titles and positions to bargaining units at the following institutions: 5
205+
206+ 1. at a system institution, the President of the system 6
207+institution; and 7
208+
209+ 2. at Morgan State University, St. Mary’s College of 8
210+Maryland, or Baltimore City Community College, the governing board of the institution. 9
211+
212+ (4) Notwithstanding any other provision of law: 10
213+
214+ (i) Maryland Transportation Authority police officers at the rank of 11
215+first sergeant and below shall have a separate bargaining unit; [and] 12
216+
217+ (ii) faculty at the Maryland School for the Deaf shall have a separate 13
218+bargaining unit; AND 14
219+
220+ (III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE 15
221+GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV) AND (VI) THROUGH 16
222+(XII) OF THIS SECTION WHO ARE NOT CONFIDENTIAL EMPLOYEES SHALL HAVE A 17
223+SEPARATE BARGAINING UNIT. 18
224+
225+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
226+October 1, 2024. 20
227+
228+
229+
230+
231+Approved:
232+________________________________________________________________________________
233+ Governor.
234+________________________________________________________________________________
235+ President of the Senate.
236+________________________________________________________________________________
237+ Speaker of the House of Delegates.