In this Part I of this subtitle the following words have the meanings indicated.
“Bill” includes a joint resolution.
“Mandate” means a directive in a bill requiring a local government unit to perform a task or assume a responsibility that has a discernible fiscal impact on the local government unit.
“Mandated appropriation” means a requirement in a bill that the Governor provide a certain level of funding in the annual budget bill for a specific program in the State.
In this section the following words have the meanings indicated.
“Department” means the Department of Legislative Services.
“Prefile” means to direct the Department, before a regular session of the General Assembly, to file a bill for introduction during that session.
A member or member-elect of the General Assembly may prefile a bill, as provided in this section.
In a year when an election for members of the General Assembly is held:
a bill may be prefiled only by an individual elected or re–elected to the General Assembly at that election;
the deadline for directing the Department to file a bill for introduction is December 10;
the deadline for requesting the Department to prepare a bill for prefiling is November 20; and
an individual first elected at that election may not request the Department to prepare a bill until after the election.
In any other year, a member may prefile a bill at any regular session by:
on or before the preceding November 1, requesting the Department to prepare the bill; and
on or before the preceding November 20, directing the Department, in writing, to file the bill for introduction.
A directive to file a bill for introduction shall be in writing and shall state the name of each sponsor of the bill.
On the first day of each regular session, the Department shall send to the Secretary of the Senate and the Chief Clerk of the House, as appropriate, copies of each bill, in the form that the Senate rules set for introduction in the Senate or that the House rules set for introduction in the House.
Each bill that is sent under this subsection shall be considered as filed for introduction.
A bill that a standing committee recommends as a result of its work when the General Assembly is not in session shall be introduced with the standing committee as sponsor.
For each regular or special session of the General Assembly, the Department of Legislative Services shall prepare and distribute, in serial order:
a synopsis of each Senate bill that is introduced; and
a synopsis of each House bill that is introduced.
If the Department determines that a bill imposes a mandate on a local government unit, the synopsis shall include a statement that “This bill imposes a mandate on a local government unit.”.
If the Department determines that a bill requires a mandated appropriation, the synopsis shall include a statement that “This bill requires a mandated appropriation in the annual budget bill.”.
Except as otherwise provided in this section, a committee may not vote on a bill unless:
a fiscal note accompanies the bill; and
if the bill affects the funding of a State pension system, an actuarial analysis of the bill is attached to or summarized in the note or the analysis is waived.
If a bill affects the funding of a State pension system and the standing committee to which the bill is referred determines that the fiscal impact on the State warrants an actuarial analysis of the bill, the standing committee shall ask the Department of Legislative Services to obtain the actuarial analysis.
The standing committee may waive the actuarial analysis if the standing committee certifies that prompt action on the bill is needed to conduct legislative business.
The Executive Director of the Department of Legislative Services shall have that Department prepare a fiscal note for each bill.
If the chair of the committee to which a bill is referred certifies that prompt committee action on the bill is needed to conduct legislative business and, before the Department prepares the fiscal note for the bill, holds a hearing on the bill, the Department shall prepare the note as soon after the hearing as possible.
When a standing committee asks for an actuarial analysis of a bill that affects a State pension system, the Department of Legislative Services shall:
obtain the analysis; and
summarize the analysis in the fiscal note or attach the analysis to the note.
The Department of Legislative Services shall send a copy of a fiscal note for a bill to the committee to which the bill is referred and to the primary sponsor of the bill.
Upon request of the Department of Legislative Services, a unit of State or local government promptly shall provide any information requested by the Department for preparing a fiscal note.
A fiscal note for a bill shall contain an estimate of the fiscal impact of the bill on the revenues and expenditures of the State government and of local governments:
during the year in which the bill is to become effective and the next 4 years after that year; and
if the full fiscal impact of a bill is not expected to occur during those years, during each year until and the first year during which that impact is expected to occur.
If a bill, as introduced or amended, imposes a mandate on a local government unit, the fiscal note for the bill shall contain:
a statement that clearly identifies the imposition of the mandate; and
an estimate of the fiscal impact of the mandate and, if applicable and if data is available, the effect on local property tax rates.
If a bill, as introduced or amended, requires a mandated appropriation, the fiscal note for the bill shall contain:
a statement that clearly identifies the imposition of the mandated appropriation; and
an estimate of the fiscal impact of the mandated appropriation.
A fiscal note shall identify the sources of the information that the Department used in preparing the estimates of fiscal impact.
As soon as possible after the adoption of an amendment that changes the fiscal impact of a bill, the Department of Legislative Services shall:
prepare a revised fiscal note for the bill; and
send the revised note:
to the chair of the committee to which the bill is referred in the house of origin;
if the bill has reached the opposite house, to the chair of the committee to which the bill is referred in that house;
if the bill is in the custody of either the Secretary of the Senate or the Chief Clerk of the House, to that officer; and
to the primary sponsor of the bill.
The Department of Legislative Services shall keep a copy of each fiscal note for 3 years after preparation of the note.
The copies shall be reasonably available for public inspection.
Fiscal notes need not be published in the Senate journal or House journal.
A bill may be introduced without a fiscal note accompanying the bill.
The validity of an enactment is not affected by the presence, absence, or content of the fiscal note.
In its summary report of legislation enacted by the General Assembly that has a fiscal impact, the Department of Legislative Services shall include a list of legislation that:
affects local government units; or
requires a mandated appropriation in the annual budget bill.
In the list of legislation described in subparagraph (i)1 of this paragraph, the Department of Legislative Services shall indicate which legislation imposes mandates on local government units.
Where applicable and if data is available, the report shall indicate:
the fiscal impact of the bill on local government units;
the impact of the bill on local property tax rates;
the cumulative fiscal impact of all legislation imposing mandates on more than one local government unit; and
the cumulative fiscal impact of all legislation requiring mandated appropriations.
In this section the following words have the meanings indicated.
“Economic impact analysis” means an estimate of the cost or the economic benefit to small businesses that may be affected by a proposed bill introduced at a session of the General Assembly.
“Economic impact analysis rating” means an estimate that a proposed bill will have:
minimal or no economic impact on small businesses; or
meaningful economic impact on small businesses.
“Small business” means a corporation, partnership, sole proprietorship, or other business entity, including its affiliates, that:
is independently owned and operated;
is not dominant in its field; and
employs 50 or fewer full-time employees.
An economic impact analysis rating and an economic impact analysis, as appropriate, shall be prepared by the appropriate Executive Branch agency for each bill that is introduced at the request of the administration or a department, agency, or commission of the Executive Branch of State government.
A copy of the economic impact analysis rating and the economic impact analysis required under this subsection shall be submitted by the Governor’s office:
to the Department of Legislative Services within a reasonable time frame prior to the hearing on the bill to allow the Department to comment on the economic impact analysis rating and the economic impact analysis; and
to the committee to which the bill is referred prior to the hearing on the bill.
An economic impact analysis rating and an economic impact analysis, as appropriate, shall be prepared by the Department of Legislative Services for each bill that is introduced by a member of the General Assembly.
A copy of the economic impact analysis rating and the economic impact analysis required under this subsection shall be submitted by the Department of Legislative Services:
to the primary sponsor of the bill; and
to the committee to which the bill is referred prior to the hearing on the bill.
If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have minimal or no economic impact on small businesses, the agency or Department shall indicate that determination by a brief written statement.
If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have a meaningful economic impact on small businesses, the agency or Department shall develop a complete written economic impact analysis.
If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have a meaningful economic impact on small businesses and is unable to provide a complete written economic impact analysis, the agency or Department shall provide a written explanation of why the agency determined that the bill will have a meaningful economic impact.
The explanation may identify the impact in general terms and need not quantify the specific economic impact.
The economic impact analysis rating and the economic impact analysis required under this section shall include estimates directly relating to the following factors, as appropriate:
cost of providing goods and services;
effect on the workforce;
effect on the cost of housing;
efficiency in production and marketing;
capital investment, taxation, competition, and economic development; and
consumer choice.
The Executive Branch agency or the Department of Legislative Services preparing the economic impact analysis rating and the economic impact analysis required under this section shall consult with, as appropriate:
other units of State government;
units of local government; and
business, trade, consumer, labor, and other groups impacted by or having an interest in the legislation.
On request of the Executive Director of the Department of Legislative Services, a unit of the State or a local government shall provide the Department with assistance or information in the preparation of an economic impact analysis rating and economic impact analysis.
The Department of Legislative Services may include an economic impact analysis rating and economic impact analysis prepared by the Department or by the appropriate Executive Branch agency as part of a fiscal note.
The Department of Legislative Services may comment on the economic impact analysis rating and economic impact analysis prepared by the appropriate Executive Branch agency.
The Department of Legislative Services may revise the economic impact analysis rating and economic impact analysis consistent with an amended version of a bill.
The Department of Legislative Services shall keep a copy of each economic impact analysis rating and economic impact analysis for 3 years after preparation of the rating or the analysis.
The copies shall be reasonably available for public inspection.
Economic impact analysis ratings and economic impact analyses need not be published in the Senate journal or House journal.
The validity of an enactment of a bill is not affected by the presence, absence, or content of an economic impact analysis rating or an economic impact analysis.
In this section the following words have the meanings indicated.
“Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.
“Economic impact analysis” means an estimate of the cost or the economic benefit to small businesses that may be affected by a regulation proposed by an agency pursuant to Title 10, Subtitle 1 of this article.
“Economic impact analysis rating” means an estimate that a proposed regulation will have:
minimal or no economic impact on small businesses; or
meaningful economic impact on small businesses.
“Small business” means a corporation, partnership, sole proprietorship, or other business entity, including its affiliates, that:
is independently owned and operated;
is not dominant in its field; and
employs 50 or fewer full-time employees.
An economic impact analysis rating and an economic impact analysis, as appropriate, shall be prepared by the appropriate Executive Branch agency for each regulation that the agency proposes for adoption pursuant to Title 10, Subtitle 1 of this article.
A copy of the economic impact analysis rating and the economic impact analysis required under this subsection shall be submitted by the appropriate agency:
to the Department of Legislative Services no later than the time the agency submits the regulation to the Committee to allow the Department to comment on the economic impact analysis rating and the economic impact analysis; and
to the Committee at the time the agency submits the regulation to the Committee.
If the appropriate Executive Branch agency or the Department of Legislative Services determines that a regulation will have minimal or no economic impact on small businesses, the agency or Department shall indicate that determination by a brief written statement.
If the appropriate Executive Branch agency or the Department of Legislative Services determines that a regulation will have a meaningful economic impact on small businesses, the agency or Department shall develop a complete written economic impact analysis.
If the appropriate Executive Branch agency or the Department determines that a regulation will have a meaningful economic impact on small businesses and is unable to provide a complete written economic impact analysis, the agency or Department shall provide a written explanation of why the agency determined that the regulation will have a meaningful economic impact.
The explanation may identify the impact in general terms and need not quantify the specific economic impact.
The economic impact analysis rating and the economic impact analysis required under this section shall include:
estimates directly relating to the following factors, as appropriate:
cost of providing goods and services;
effect on the workforce;
effect on the cost of housing;
efficiency in production and marketing;
capital investment, taxation, competition, and economic development; and
consumer choice; and
a certification stating, after posting the regulation or scope of the regulation as required by § 10–110(d)(3)(vii) of this article, whether the agency has received notice of whether any existing regulation of a comparable nature that is at least as stringent as the proposed regulation has been adopted by a unit of a local government.
The Executive Branch agency or the Department of Legislative Services preparing the economic impact analysis rating and the economic impact analysis required under this section shall consult with, as appropriate:
other units of State government;
units of local government; and
business, trade, consumer, labor, and other groups impacted by or having an interest in the regulation.
On request of the Executive Director of the Department of Legislative Services, a unit of the State or a local government shall provide the Department with assistance or information in the preparation of an economic impact analysis rating and economic impact analysis.
If the promulgating unit certifies, after posting the regulation or scope of the regulation as required by § 10–110(d)(3)(vii) of this article, that the unit has received notice of and determined that an existing regulation of a comparable nature that is at least as stringent as the proposed regulation has been adopted by any unit of local government, the unit may include in the unit’s proposed regulation a statement that compliance with the local regulation will constitute compliance with the proposed regulation.
The Department of Legislative Services shall:
comment on the economic impact analysis rating and economic impact analysis prepared by the appropriate Executive Branch agency; and
transmit its comment to the Committee.
The Department of Legislative Services shall revise the economic impact analysis rating and economic impact analysis consistent with an amended version of a regulation.
The Department of Legislative Services shall keep a copy of each economic impact analysis rating and economic impact analysis for 3 years after preparation of the rating or the analysis.
The copies shall be reasonably available for public inspection.
Economic impact analysis ratings and economic impact analyses shall be published in the Maryland Register at the same time as:
a notice of proposed adoption of a regulation is published in the Maryland Register; or
a notice of emergency adoption for a regulation is published in the Maryland Register.
The validity of an enactment of a regulation is not affected by the presence, absence, or content of an economic impact analysis rating or an economic impact analysis.
The Department of Budget and Management shall enter into an agreement with an appropriate entity to provide training to promulgating Executive Branch agencies on the preparation of the economic impact analyses required under this section.
The training required to be provided under paragraph (1) of this subsection shall be provided at least once every 2 years.
The Department of Legislative Services, in consultation with the Legislative Policy Committee, shall develop a process to assess the health equity impacts of relevant legislation.
When the General Assembly passes a bill, it shall be returned to the house of origin.
In this Part II of this subtitle, “bill” does not include a joint resolution.
As soon as practicable after a bill is returned to the house of origin, the presiding officer shall have the State seal affixed to the bill and shall present the bill to the Governor or a designee of the Governor.
The presiding officer who presents the bill or the clerk designated by the presiding officer shall:
in the presence of the individual to whom the bill is presented, make and sign, on the back of the bill, a written memorandum of the day and hour of presentment; and
have a corresponding entry made in the Senate journal or the House journal.
The Governor may designate another individual to receive bills while the Governor is ill or necessarily absent from the seat of the State government.
A designation under this section:
shall be in writing;
shall be sent to the presiding officer of the Senate and the presiding officer of the House;
on receipt by those officers, shall be entered in full in the Senate journal and the House journal; and
is effective during the period that the Governor specifies.
The Governor shall deliver to the Secretary of State or a designee in the Secretary’s office:
each bill that the Governor approves, immediately after the approval;
each bill that becomes law without the approval of the Governor, on the day the bill becomes law;
each bill that the Governor vetoes; and
each executive order effective under Article II, § 24 of the Maryland Constitution.
Subject to § 2–1248 of this title, the Secretary of State shall assign a chapter number to each bill that becomes law and to each executive order issued pursuant to Article II, § 24 of the Maryland Constitution.
Chapter numbers shall be assigned in the order in which the bills become law.
The Secretary of State shall keep, for each session, a permanent record of the bills and executive orders that the Governor delivers to the Secretary under this subtitle. The record shall be known as the record of chapter numbers.
The Secretary of State shall enter, in the record, the chapter number of each bill that becomes law and each executive order.
Near the chapter number, the Secretary of State shall enter:
the Senate bill number, the House bill number, or the executive order number;
a brief summary of the subject of the bill or executive order;
as to a bill, the date of its presentment to the Governor; and
the date on which the bill or order was approved by the Governor or otherwise became law.
After the last chapter number, the Secretary of State shall enter, by Senate bill number or House bill number, a list of the bills that the Governor vetoed.
Near the bill number, the Secretary of State shall enter:
a brief summary of the subject of the bill;
the date of presentment to the Governor; and
the date of veto.
The Secretary of State shall deliver to the clerk of the Supreme Court of Maryland each bill that becomes law.
With respect to bills that the Governor vetoes, the Secretary of State shall deliver:
to the house of origin, each bill that the Maryland Constitution requires to be returned to that house; and
to the State Archives, every other bill.
If the General Assembly adopts a joint resolution that asks the Governor or an official of a unit of the Executive Branch of the State government to take any action, the Governor or the official shall give the Legislative Policy Committee and each sponsor of the resolution notice of the action taken under the resolution.
Notice under this section shall be given on or before any date established by the resolution.