Maryland 2024 Regular Session

Maryland Senate Bill SB731 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	sb0731
6	6
7	7	SENATE BILL 731
8	8	P3, P4 4lr1513
9	9	CF 4lr1079
10	10	By: Senator Carter
11	11	Introduced and read first time: January 31, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Facilities – Procedures for Changes and Closures – Definition and 2
19	19	Reporting 3
20	20
21	21	FOR the purpose of specifying that certain requirements for purchasing, leasing, changing 4
22	22	the use of, or closing State facilities apply to facilities owned, leased, or operated for 5
23	23	the purpose of providing benefits to clients; requiring the Department of Human 6
24	24	Services to submit a report on certain State facility closures to certain committees of 7
25	25	the General Assembly; and generally relating to changing the use of or closing State 8
26	26	facilities. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – State Government 11
30	30	Section 8–306 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2023 Supplement) 14
33	33	(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 15
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36	36	That the Laws of Maryland read as follows: 17
37	37
38	38	Article – State Government 18
39	39
40	40	8–306. 19
41	41
42	42	(a) (1) In this section the following words have the meanings indicated. 20
43	43
44	44	(2) (i) “Change the use, purpose, or function” means an abrupt and 21
45	45	material change in the type of clients or incarcerated individuals served in a facility, the 22
46	46	licensed purpose of a facility, or the principal activities carried out within a facility. 23
47	47	2 SENATE BILL 731
48	48
49	49
50	50	(ii) “Change the use, purpose, or function” does not mean a gradual 1
51	51	change in clients, incarcerated individuals, or activities due to societal trends or needs. 2
52	52
53	53	(iii) “Change the use, purpose, or function” does not include closing a 3
54	54	State facility. 4
55	55
56	56	(3) “Close a State facility” means to cease, discontinue, or substantially 5
57	57	eliminate activities carried out within the State facility. 6
58	58
59	59	(4) “Exclusive representative” has the meaning stated in § 3–101 of the 7
60	60	State Personnel and Pensions Article. 8
61	61
62	62	(5) (i) “Public hearing” means an informational hearing, the sole 9
63	63	purpose of which is to obtain public comment and answer public questions. 10
64	64
65	65	(ii) “Public hearing” does not mean a contested case hearing under 11
66	66	Title 10, Subtitle 2 of this article. 12
67	67
68	68	(6) “State facility” means: 13
69	69
70	70	(i) a facility that is owned, leased, or operated by the State for the 14
71	71	purpose of providing health, juvenile, or correctional services OR BENEFITS to clients or 15
72	72	incarcerated individuals; or 16
73	73
74	74	(ii) a facility to which 25 or more State employees are regularly 17
75	75	assigned. 18
76	76
77	77	(b) (1) A principal department of the Executive Branch of the State 19
78	78	government may not change the use, purpose, or function of a State facility without 20
79	79	complying with the requirements of subsection (c) of this section. 21
80	80
81	81	(2) A principal department of the Executive Branch of the State 22
82	82	government may not close a State facility without complying with the requirements of 23
83	83	subsection (d) of this section. 24
84	84
85	85	(c) (1) Subject to paragraph (3) of this subsection, before a principal 25
86	86	department changes the use, purpose, or function of a State facility, the principal 26
87	87	department shall: 27
88	88
89	89	(i) hold a public hearing; and 28
90	90
91	91	(ii) at least 90 days before the public hearing, give notice to: 29
92	92
93	93	1. the public, on the principal department’s website and by 30
94	94	press release; 31
95	95	SENATE BILL 731 3
96	96
97	97
98	98	2. any member of the General Assembly in whose district the 1
99	99	State facility is located, by e–mail and certified mail; and 2
100	100
101	101	3. any exclusive representative with bargaining unit 3
102	102	employees assigned to the State facility, by e–mail and certified mail. 4
103	103
104	104	(2) The principal department shall, at least 30 days before the public 5
105	105	hearing, give notice of the hearing: 6
106	106
107	107	(i) to the public, on the principal department’s website and by press 7
108	108	release; 8
109	109
110	110	(ii) to each member of the General Assembly in whose district the 9
111	111	facility is located, by e–mail and certified mail; and 10
112	112
113	113	(iii) to any exclusive representative with bargaining unit employees 11
114	114	assigned to the State facility, by e–mail and certified mail. 12
115	115
116	116	(3) If a government agency or judicial body determines that there is an 13
117	117	emergency situation that poses a risk to the health or safety of patients, incarcerated 14
118	118	individuals, residents, or employees of a State facility, the principal department may 15
119	119	modify the timelines required by this subsection, provided that any modifications made by 16
120	120	the principal department shall provide the notice, hearing, and opportunity for comment 17
121	121	required by this subsection at the earliest possible date, unless ordered otherwise by the 18
122	122	government agency or judicial body. 19
123	123
124	124	(d) (1) Subject to paragraph (3) of this subsection, before a principal 20
125	125	department closes a State facility, the principal department shall: 21
126	126
127	127	(i) hold a public hearing; 22
128	128
129	129	(ii) at least 180 days before the public hearing, give notice to: 23
130	130
131	131	1. the public, on the department’s website and by press 24
132	132	release; 25
133	133
134	134	2. each member of the General Assembly representing the 26
135	135	district in which the State facility is located, by e–mail and certified mail; and 27
136	136
137	137	3. any exclusive representative with bargaining unit 28
138	138	employees assigned to the State facility, by e–mail and certified mail; 29
139	139
140	140	(iii) submit a report explaining the closure to the Governor and, in 30
141	141	accordance with § 2–1257 of the State Government Article: 31
142	142
143	143	1. the Senate Finance Committee; 32
144	144	4 SENATE BILL 731
145	145
146	146
147	147	2. the Senate Budget and Taxation Committee; 1
148	148
149	149	3. the House Health and Government Operations 2
150	150	Committee; and 3
151	151
152	152	4. the House Appropriations Committee; 4
153	153
154	154	(iv) at least 270 days before holding the public hearing, make the 5
155	155	report required by this paragraph publicly available; and 6
156	156
157	157	(v) at least 90 days before holding the public hearing, allow each 7
158	158	exclusive representative and a committee listed under item (iii) of this paragraph that 8
159	159	receives the report required by this subsection to submit comments on the report. 9
160	160
161	161	(2) The report required under paragraph (1)(iii) of this subsection shall 10
162	162	address: 11
163	163
164	164	(i) the reasons for the closure; 12
165	165
166	166	(ii) the plan for continuing or discontinuing the State facility’s 13
167	167	operations; 14
168	168
169	169	(iii) the anticipated budgetary impact of the closure; 15
170	170
171	171	(iv) any plans for assisting State employees affected by the closure in 16
172	172	finding other employment; 17
173	173
174	174	(v) any plans for assisting the patients, incarcerated individuals, or 18
175	175	residents affected by the closure; and 19
176	176
177	177	(vi) any plans for the State facility after the closure. 20
178	178
179	179	(3) If a government agency or judicial body determines that there is an 21
180	180	emergency situation that poses a risk to the health or safety of patients, incarcerated 22
181	181	individuals, residents, or employees of a State facility, the principal department may 23
182	182	modify the timelines required by this subsection, provided that any modifications made by 24
183	183	the principal department shall provide the notice, hearing, and opportunity for comment 25
184	184	required by this subsection at the earliest possible date, unless ordered otherwise by the 26
185	185	government agency or judicial body. 27
186	186
187	187	(e) (1) Before a principal department leases or purchases land, buildings, or 28
188	188	office space to be used for the purpose of providing health, juvenile, or correctional services 29
189	189	OR BENEFITS to clients or incarcerated individuals, the principal department shall give 30
190	190	written notice of the proposed use of the land, buildings, or office space to each member of 31
191	191	the General Assembly in whose legislative district the property is located. 32
192	192	SENATE BILL 731 5
193	193
194	194
195	195	(2) (i) A member of the General Assembly may request that the 1
196	196	department hold a public hearing on the proposed use. 2
197	197
198	198	(ii) The department on whose behalf the property is being procured 3
199	199	or leased shall hold a public hearing on the proposed use upon the request of a member of 4
200	200	the General Assembly. 5
201	201
202	202	(iii) The department shall give notice of the hearing to the public as 6
203	203	provided in subsection (c)(2)(i) of this section. 7
204	204
205	205	(f) (1) If, after a principal department ceases its use of a State facility, the 8
206	206	principal department or any other principal department plans to recommence operation of 9
207	207	the facility as a State facility, and the proposed operation of the facility would change its 10
208	208	use, purpose, or function, the principal department shall hold a public hearing on the 11
209	209	proposed operation. 12
210	210
211	211	(2) The principal department shall give notice of the hearing to the public 13
212	212	as provided in subsection (c)(2)(i) of this section. 14
213	213
214	214	(g) Nothing in this section shall be construed to alter or diminish an exclusive 15
215	215	representative’s right to bargain. 16
216	216
217	217	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before August 1, 2024, 17
218	218	the Department of Human Services shall report to the Senate Finance Committee, the 18
219	219	Senate Budget and Taxation Committee, the House Health and Government Operations 19
220	220	Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the 20
221	221	State Government Article, on: 21
222	222
223	223	(1) any State facility owned, leased, or operated by the Department for the 22
224	224	purpose of providing benefits to clients that was closed on or after January 1, 2023; 23
225	225
226	226	(2) the reasons for any identified closure; 24
227	227
228	228	(3) the Department’s plans or actions taken to continue or discontinue the 25
229	229	operations of any State facility identified under item (1) of this section; 26
230	230
231	231	(4) the budgetary impact of any identified closure; 27
232	232
233	233	(5) any plans or actions taken to assist State employees affected by any 28
234	234	identified closure in finding other employment; 29
235	235
236	236	(6) any plans or actions taken to assist clients affected by any identified 30
237	237	closure; and 31
238	238
239	239	(7) any plans or actions taken regarding the State facility after any 32
240	240	identified closure. 33
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243	243
244	244	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
245	245	1, 2024. 2
246	246