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<section article="gsg" article_name="State Government" number="8-306" title_number="8" title_name="Organization of Executive Branch" subtitle_number="3" subtitle_name="Executive Action">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Change the use, purpose, or function” means an abrupt and material change in the type of clients or incarcerated individuals served in a facility, the licensed purpose of a facility, or the principal activities carried out within a facility.</text>
      </level>
      <level label="ii">
        <text>“Change the use, purpose, or function” does not mean a gradual change in clients, incarcerated individuals, or activities due to societal trends or needs.</text>
      </level>
      <level label="iii">
        <text>“Change the use, purpose, or function” does not include closing a State facility.</text>
      </level>
    </level>
    <level label="3">
      <text>“Close a State facility” means to cease, discontinue, or substantially eliminate activities carried out within the State facility.</text>
    </level>
    <level label="4">
      <text>“Exclusive representative” has the meaning stated in § 3–101 of the State Personnel and Pensions Article.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>“Public hearing” means an informational hearing, the sole purpose of which is to obtain public comment and answer public questions.</text>
      </level>
      <level label="ii">
        <text>“Public hearing” does not mean a contested case hearing under Title 10, Subtitle 2 of this article.</text>
      </level>
    </level>
    <level label="6">
      <text>“State facility” means:</text>
      <level label="i">
        <text>a facility that is owned, leased, or operated by the State for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals; or</text>
      </level>
      <level label="ii">
        <text>a facility to which 25 or more State employees are regularly assigned.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A principal department of the Executive Branch of the State government may not change the use, purpose, or function of a State facility without complying with the requirements of subsection (c) of this section.</text>
    </level>
    <level label="2">
      <text>A principal department of the Executive Branch of the State government may not close a State facility without complying with the requirements of subsection (d) of this section.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Subject to paragraph (3) of this subsection, before a principal department changes the use, purpose, or function of a State facility, the principal department shall:</text>
      <level label="i">
        <text>hold a public hearing; and</text>
      </level>
      <level label="ii">
        <text>at least 90 days before the public hearing, give notice to:</text>
        <level label="1">
          <text>the public, on the principal department’s website and by press release;</text>
        </level>
        <level label="2">
          <text>any member of the General Assembly in whose district the State facility is located, by e–mail and certified mail; and</text>
        </level>
        <level label="3">
          <text>any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The principal department shall, at least 30 days before the public hearing, give notice of the hearing:</text>
      <level label="i">
        <text>to the public, on the principal department’s website and by press release;</text>
      </level>
      <level label="ii">
        <text>to each member of the General Assembly in whose district the facility is located, by e–mail and certified mail; and</text>
      </level>
      <level label="iii">
        <text>to any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.</text>
      </level>
    </level>
    <level label="3">
      <text>If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Subject to paragraph (3) of this subsection, before a principal department closes a State facility, the principal department shall:</text>
      <level label="i">
        <text>hold a public hearing;</text>
      </level>
      <level label="ii">
        <text>at least 180 days before the public hearing, give notice to:</text>
        <level label="1">
          <text>the public, on the department’s website and by press release;</text>
        </level>
        <level label="2">
          <text>each member of the General Assembly representing the district in which the State facility is located, by e–mail and certified mail; and</text>
        </level>
        <level label="3">
          <text>any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail;</text>
        </level>
      </level>
      <level label="iii">
        <text>submit a report explaining the closure to the Governor and, in accordance with § 2–1257 of the State Government Article:</text>
        <level label="1">
          <text>the Senate Finance Committee;</text>
        </level>
        <level label="2">
          <text>the Senate Budget and Taxation Committee;</text>
        </level>
        <level label="3">
          <text>the House Health and Government Operations Committee; and</text>
        </level>
        <level label="4">
          <text>the House Appropriations Committee;</text>
        </level>
      </level>
      <level label="iv">
        <text>at least 270 days before holding the public hearing, make the report required by this paragraph publicly available; and</text>
      </level>
      <level label="v">
        <text>at least 90 days before holding the public hearing, allow each exclusive representative and a committee listed under item (iii) of this paragraph that receives the report required by this subsection to submit comments on the report.</text>
      </level>
    </level>
    <level label="2">
      <text>The report required under paragraph (1)(iii) of this subsection shall address:</text>
      <level label="i">
        <text>the reasons for the closure;</text>
      </level>
      <level label="ii">
        <text>the plan for continuing or discontinuing the State facility’s operations;</text>
      </level>
      <level label="iii">
        <text>the anticipated budgetary impact of the closure;</text>
      </level>
      <level label="iv">
        <text>any plans for assisting State employees affected by the closure in finding other employment;</text>
      </level>
      <level label="v">
        <text>any plans for assisting the patients, incarcerated individuals, or residents affected by the closure; and</text>
      </level>
      <level label="vi">
        <text>any plans for the State facility after the closure.</text>
      </level>
    </level>
    <level label="3">
      <text>If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Before a principal department leases or purchases land, buildings, or office space to be used for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals, the principal department shall give written notice of the proposed use of the land, buildings, or office space to each member of the General Assembly in whose legislative district the property is located.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>A member of the General Assembly may request that the department hold a public hearing on the proposed use.</text>
      </level>
      <level label="ii">
        <text>The department on whose behalf the property is being procured or leased shall hold a public hearing on the proposed use upon the request of a member of the General Assembly.</text>
      </level>
      <level label="iii">
        <text>The department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>If, after a principal department ceases its use of a State facility, the principal department or any other principal department plans to recommence operation of the facility as a State facility, and the proposed operation of the facility would change its use, purpose, or function, the principal department shall hold a public hearing on the proposed operation.</text>
    </level>
    <level label="2">
      <text>The principal department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.</text>
    </level>
  </level>
  <level label="g">
    <text>Nothing in this section shall be construed to alter or diminish an exclusive representative’s right to bargain.</text>
  </level>
</section>
