Title 01 — Subtitle 01. Executive Orders

Establishing and operating the State-wide emergency medical communications system.

Coordinating the activities of the emergency medical service regions, including the purchase and maintenance of equipment, training of emergency medical personnel, transportation of patients, patient care, research and development programs in the field of emergency medical services, and other activities necessary to implement this Executive Order.

Coordinating the State emergency medical system with appropriate authorities and agencies in jurisdictions adjacent to the State of Maryland.

Conduct their activities in a manner consistent with the Program;

Participate in the project evaluation process specified in the Program; and

Address promptly and, to the extent feasible, resolve any conflicts with other agencies.

There is a Commission on State Debt. This Commission replaces the former Committee to Study the State Debt.

The membership of the Commission on State Debt shall include all members of the Capital Debt Affordability Committee, as enumerated in Article 31, §26 of the Maryland Annotated Code of 1957 (1976 replacement volume, 1979 supplement); and the Director of the Department of Assessments and Taxation.

The Chief of the Bureau of Revenue Estimates shall serve as Secretary to the Commission.

The Commission on State Debt shall serve as an advisory group whose purpose shall be to annually recommend to the Board of Public Works a State tax rate on real and personal property sufficient to provide funds to meet debt service requirements on outstanding General Obligation bonds during the next ensuing fiscal year.

The Commission shall meet at least annually and shall present its recommended State tax rate to the Board of Public Works in a timely manner to allow such tax rate to be determined by the Board of Public Works on or before May 1 of each year.

“Emergency Conditions” means circumstances that would expose State employees to harm or unsafe conditions. Examples of potential emergency conditions may include, but are not limited to:

“Emergency Release Time” means time with full pay that is granted to employees during an emergency condition.

This Order applies to all agencies in the Executive Branch.

Emergency Release Time may be granted under this Order only to employees in the geographical area or facility affected by the emergency condition, as determined by the appropriate Secretaries or their designees.

Secretary of Transportation. Based upon information received under Subsection (5) of this Section, the Secretary of Transportation or his or her designee may declare the existence of emergency conditions arising from extreme weather conditions which, in his or her judgment, result in dangerous traffic or highway conditions; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and General Services (or their designees).

Secretary of General Services. Based upon information received under Subsection (5) of this Section, the Secretary of General Services or his or her designee may declare the existence of emergency conditions arising from a fire, a physical plant failure, or other unsafe conditions in the Baltimore or Annapolis State Office Building complex; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and Transportation (or their designees).

Secretary of Personnel. Based upon information received under Subsection (5) of this Section, the Secretary of Personnel or his or her designee may declare the existence of emergency conditions arising from circumstances other than those set forth in Subsections(1) or (2) of this Section; and thereupon may grant emergency release time to affected employees following consultation with the Secretaries of Transportation and General Services (or their designees).

Heads of Facilities Other than Baltimore and Annapolis State Office Building Complexes. Based upon information received under Subsection (5), the head of any facility other than one in the Baltimore or Annapolis State Office Building Complex may recommend that emergency conditions arising from a fire or a physical plant failure or other unsafe conditions exist, and may grant emergency release time to employees of the facility with the approval of the Secretary of the affected department and the Secretary of Personnel.

Determination of Emergency Conditions. The individuals enumerated in Subsections(1)—(4) shall contact the proper local police, fire, highway, weather service, or civil defense personnel, or other appropriate local personnel, to obtain information concerning existing conditions, and shall evaluate the information to determine whether an emergency condition exists.

Limitation on Time Period. The individuals enumerated in Subsections(1)—(4) may not grant emergency release time exceeding one normally scheduled work day per emergency unless authorized by the Governor.

Evacuation in Acute Emergencies. Nothing contained in this Order precludes the necessary, immediate evacuation of a facility by an individual in a supervisory capacity in the interest of personal safety.

Responsibility of Cabinet Secretaries and other State Agency Heads. The administration of this Order is the responsibility of the several cabinet secretaries and other heads of State agencies, except as set forth in Section C above.

Extreme Weather Conditions. If extreme weather conditions appear to cause dangerous traffic or highway conditions, agency heads shall contact the Secretary of Transportation or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the granting of emergency release time to affected employees.

Fires and Physical Plant Failures. If a fire or a physical plant failure in the Baltimore or Annapolis State Office Building Complex appears to cause an emergency condition, agency heads shall contact the Secretary of General Services or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of emergency condition and the granting of emergency release time to affected employees. The head of a facility other than the Baltimore or Annapolis State Office Building Complex shall follow the procedure set forth in Subsection C(4) above.

Other Circumstances. If circumstances other than those set forth in Subsections D(2) and (3) above, appear to cause an emergency condition, an agency head shall contact the Secretary of Personnel or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the approval of emergency release time to affected employees of the agency.

Guidelines for Employees Release Time and Approval. When, as a result of emergency conditions, any facility is closed after the start of normal work hours or shifts and the employees assigned to the facility who have reported for work are dismissed, there shall be no loss of pay or charge to leave of any kind. Employees who have not reported to work and are not on prior approved paid leave, are to be given the option of the use of annual, personal, or accrued compensatory leave or approved leave without pay.

In order for Maryland to secure the benefits of intergovernmental cooperation and coordination, and in order to provide a simple, uniform, and consistent mechanism for State, regional, and local public officials to learn about and comment on proposed federal financial assistance and direct federal development, the Maryland Intergovernmental Review and Coordination Process is established. The process shall serve as Maryland's designated process for determining the views of State and local elected officials and regional officials concerning proposed federal financial assistance and direct federal development.

The Maryland Intergovernmental Review and Coordination Process shall facilitate the exchange of information among federal approval authorities, other proponents of federal action, and officials of general purpose governments within the State.

In accordance with procedural rules adopted by the Department for the Maryland Intergovernmental Review and Coordination Process, provide opportunities for State, regional, and local public officials to review and comment on proposed federal financial assistance and direct federal development;

In consultation with State, regional, and local public officials, select the federal programs and activities to be subject to the review process;

Transmit all comments resulting from the review process to federal approval authorities, either through applicants for financial assistance or directly;

Facilitate the resolution of disagreements identified during the review process;

Seek to formulate a single recommended course of action based on review comments;

Coordinate responses when federal agencies advise that they cannot accommodate the concerns of State, regional, and local public officials;

Coordinate efforts by State agencies to simplify and consolidate federally-required State plans; and

Periodically prepare any necessary reports on the activities of the review process.

There should be no personal record system whose existence is secret;

Personal records should not be collected unless the need for the information has been clearly established;

A personal record should be appropriate and relevant to the purpose for which it has been collected;

Personal information should not be obtained by fraudulent and unfair means;

Personal records should be accurate and current, to the greatest extent practicable;

A data subject should generally be able to learn the purpose for which personal information has been recorded and particulars about its use; and

Appropriate administrative, technical and physical safeguards should be established to ensure the security of public records and to protect against reasonably anticipated threats or hazards to their security or integrity.

“Data subject” means a natural person about whom personal information is indexed or may be reasonably located in a personal record system by name, personal number, or other identifying particulars;

“Personal information” means any information about data subject or a data subject's immediate family that identifies or describes any characteristic including but not limited to education, financial transactions or worth, medical history, criminal or employment record or things done by or to the data subject or the immediate family;

“Personal record” means any public record pertaining to a data subject whose identity can be ascertained from the record with reasonable certainty either by name, address, number, description, finger or voice print, picture or any other identifying factor or factors;

“Public record” means any correspondence, form, book, photograph, film, microfilm, sound recording, map, drawing, card, tape, computerized record or other documentary material, regardless of physical form or characteristics, that has been made by a State agency;

“Record system” means a collection or group of public records; and

“State agency” means any agency, board, commission, department, bureau, or other entity of the Executive Branch of Maryland State Government.

Except as otherwise provided by law, any State agency maintaining a personal record system shall:

The information to be provided under paragraph(a)(2) may appear either on the standardized form or on a separate statement.

A state agency maintaining a public record system shall prescribe and implement appropriate safeguards to ensure the security of the system.

Each state agency which maintains a computerized record system shall assign a qualified employee the responsibility to monitor the security of the system.

A State Data Security Committee is created to regularly evaluate the security of state agency systems containing computerized records. The Committee shall consist of nine data professionals within State service. Each of the following agencies has a permanent representative on the Committee: Comptroller of the Treasury, Department of Transportation, Department of Public Safety and Correctional Services, the University of Maryland, the Board of Trustees of the State Universities and Colleges and the Department of Budget and Fiscal Planning, whose representative shall be the Chairman. The other members of the Committee shall be appointed by the Governor upon the recommendation of the Chairman. If any agency security officer is assigned to this Committee, he shall not participate as a member of the Committee in any computer system security analysis of his agency by the Committee. The Committee shall evaluate system risks including the review, formulation, and periodic testing of the appropriate levels of security.

Each state agency shall cooperate with the State Data Security Committee and shall comply with any directive concerning the submission of plans or system security measures to be undertaken.

The State Data Security Committee shall provide semi-annually a report on its activities to the Governor and to the appropriate chairmen of the legislative committees having jurisdiction over issues related to state data system security.

Any information pertaining to the enforcement of criminal laws or the administration of the penal system, including efforts of the Department of Public Safety and Correctional Services to prevent, investigate, control or reduce crime;

Information contained in investigative materials kept for the purpose of investigating a specific violation of State law and maintained by a State agency whose principal function may be other than the enforcement of criminal law;

Student and other educational records described in COMAR 13A.08.02.05N and 45 CFR §99.1 et seq;

Information consisting only of names, addresses, telephone numbers and other limited factual data, which could not, in any reasonable way:

Information contained in public records which are accepted by the State Archivist for deposit in the Maryland Hall of Records;

Information contained in patient medical and psychological records at State medical facilities, hospitals or institutions, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject;

Information contained in applications for employment in State service, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject; and

Information gathered as part of formal research projects previously reviewed and approved by federally mandated Institutional Review Boards.

Disability Rights Maryland, Inc., doing business as Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, was designated by Executive Orders 01.01.1977.07 and 01.01.1986.12 and continued to be designated as the official agency, for purposes of 42 U.S.C. §15041 et. seq., responsible for the implementation of the State system for the protection and advocacy of the rights of individuals with developmental disabilities.

Disability Rights Maryland, Inc., shall perform the functions, duties, and responsibilities authorized to be performed or specifically delegated to it by the “State of Maryland Plan for a System to Protect the Individual Rights of and to Advocate for Persons with Developmental Disabilities under 42 U.S.C. §15041 et. seq.”

At least one-half of the Council membership shall consist of persons with developmental disabilities or their parents or guardians.

At least one-third of this membership must consist of persons with developmental disabilities, or “primary consumers” and another one-third the immediate relatives or guardians of persons with mentally impairing developmental disabilities, or “secondary consumer.” At least one such individual must be the immediate relative or guardian of a developmentally disabled resident of an institution.

The Director of the Division of Vocational Rehabilitation or his designee.

The State Superintendent of Schools or his designee.

The Secretary of the Department of Health and Mental Hygiene or his designee.

The Secretary of the Department of Human Resources or his designee.

A representative from the John F. Kennedy Institute for Handicapped Children, a university affiliated facility.

A representative from the Maryland Disability Law Center, the protection and advocacy system.

Remaining members should represent higher education training facilities, local agencies and nongovernmental agencies concerned with the provision of services to this population.

The Director of the Office for Handicapped Individuals.

Develop jointly with the Developmental Disabilities Administration of the Department of Health and Mental Hygiene the State plan required by the Federal Developmental Disabilities Act:

Monitor, review and evaluate not less often than annually the implementation of such State plan:

To the maximum extent feasible, review and comment on all State plans in the State which relate to programs affecting persons with developmental disabilities: and

Submit to the Secretary of the Federal Department of Health and Human Services, through the Governor, such periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary to verify such reports.

Advocate, on behalf of developmentally disabled citizens within State Government.

There is an Asbestos Oversight Committee in the Executive Branch. This Committee is tasked to define the status of the asbestos situation in the State with respect to its employees and facilities and to develop and implement an asbestos management plan and appropriate policies to effectively address and resolve any related asbestos issues.

The Asbestos Oversight Committee consists of Secretaries or designees, from the following Departments:

The Committee may invite participation by representatives of other State agencies having an interest in the asbestos management issue.

The Committee shall meet at least quarterly each year, and more often as necessary, and shall:

When the members of the Committee have prepared the Asbestos Management Plan, the Chairperson shall forward the plan to the Governor for approval.

Prior to each legislative session, the Asbestos Oversight Committee shall present a report to the Governor and the General Assembly on the Asbestos Management Plan for State facilities, the activities of the Committee and the current status of the program.

It is the responsibility of all department heads to cooperate fully with the Asbestos Oversight Committee in the implementation of this program.

Each agency designated in Section A(2) of this order is responsible for providing competent and knowledgeable representation to the Committee. Other departments and agencies not listed in Section A(2) are also expected to render assistance, expertise and other resources upon the request of the Committee.

Any staff loaned to the Committee shall be paid by the agency that employs them, except for permanent staff authorized pursuant to Sections A(4) and A(5) of this order.

Certain departments shall be assigned specific program responsibilities by way of this Order. Those responsibilities shall be carried out in accordance with directions provided by the Asbestos Oversight Committee.

Safety and Health.

Equipment.

The Secretary of Licensing and Regulation is responsible for coordinating the safety and equipment provisions of this section, and exceptions to any provisions of this section can be authorized only by the Secretary of Licensing and Regulation or his designee, or by the full committee.

Medical Monitoring Requirements.

Training Requirements.

The Secretary of the Department of the Environment is responsible for implementation and coordination of the medical monitoring and training provisions of the Asbestos Safety and Health Program.

There shall be, as part of the Asbestos Management Plan, an operations and maintenance program. The program shall consist of the following elements:

The Operations and Maintenance Program shall be implemented pursuant to this Order and consistent with standards set forth in the State of Maryland Asbestos Safety and Health Program Policy and Procedures Manual and other relevant standards, regulations and statutes.

Responsibility for implementation of the operations and maintenance program shall be shared as follows:

By virtue of this Order, the Asbestos Oversight Committee has full power and authority to implement and enforce all provisions of the Asbestos Management Program.

The Committee is empowered to prepare and administer a program budget; to promulgate policy and regulations; to take testimony; to subpoena witnesses; and to issue findings of fact and recommendations.

The general administration, supervision, and monitoring of programs and activities receiving assistance;

The identification and coordination of all available resources within the State from federal, state, local and private sources;

The assignment of financial responsibility to the appropriate agency;

The development of procedures to ensure that services are provided to handicapped infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers;

The resolution of intra and interagency disputes; and

The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes and that include all additional components necessary to ensure meaningful cooperation and coordination.

Coordinating State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;

Promoting public information, education, and participation activities designed to involve citizens in cleaning up the Chesapeake Bay; and

Coordinating media campaigns to increase public awareness and participation in the clean up of the Chesapeake Bay.

Governor;

Department of Personnel;

Department of Budget and Fiscal Planning;

Department of Transportation;

Department of Public Safety and Correctional Services; and

Department of Licensing and Regulation.

“Abuse” means:

“Alcohol” means ethyl alcohol or ethanol.

“Drug” means:

“Drug and alcohol free workplace” means a workplace in which every employee is expressly prohibited from:

“Employee” means every employee, agent, servant, etc., of the recipient whose position is funded in whole or in part with State funds or who works on a project funded in whole or in part with State funds. “Employee” includes owners who themselves are performing any activity funded in whole or in part with State funds.

“Recipient” means an individual, a sole proprietorship, a partnership, a corporation, a joint venture or any other entity that has been awarded or is a candidate or applicant for a State contract, grant, loan, or other State funds for use in the workplace. “Recipient” includes not-for-profit entities and governmental entities.

“Workplace” means any place at which work is performed in accordance with the terms of a State contract, grant, loan or other instrument that governs the receipt of State funds.

Provisions that require each recipient to maintain a workplace free of drug and alcohol abuse during the term of the contract, grant, loan, or other receipt of State funds;

Provisions that prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in the workplace of a recipient;

Provisions that prohibit employees of a recipient from working under the influence of alcohol or drugs;

Provisions that prohibit the recipient from hiring or assigning to work on an activity funded in whole or in part with State funds, anyone whom the recipient or the hiring official of the recipient knows, or in the exercise of due diligence should know, currently abuses alcohol or drugs and is not actively engaged in a bona fide rehabilitation program;

Provisions that require each recipient to promptly inform the appropriate law enforcement agency of every drug related crime that occurs in its workplace if the recipient or an employee of the recipient has observed the violation or otherwise has reliable information that a violation has occurred;

Provisions that require recipients to establish drug free and alcohol abuse awareness programs, to notify employees of the availability of such programs, to impose sanctions on employees who abuse drugs and alcohol in the workplace, and to institute steps to maintain a drug and alcohol free workplace;

Provisions that make the receipt of State contracts, grants, loans, or other funds awarded through or approved by the Board of Public Works conditional upon compliance with the regulations adopted pursuant to this Executive Order;

Provisions for the discretionary termination of a State contract, grant, loan or other award of State funds to a recipient who violated those regulations;

Provisions for the discretionary suspension or debarment of a recipient who violates those regulations; and

Such other drug and alcohol free workplace requirements as the Board of Public Works, in the exercise of its lawful authority, finds necessary or desirable to protect the interests of the State in the award and administration of State contracts, grants, loans or other State funds awarded by or subject to the approval of the Board.

The following contested cases of the following departments are temporarily exempted from the provisions of Chapter 788 of the Acts of 1989 until 15 days after their receipt of the necessary federal approvals or waivers:

The State Superintendent of Schools and the Secretaries of Licensing and Regulation, Health and Mental Hygiene and Human Resources shall request the necessary approvals and waivers from the federal government, and shall advocate for an expeditious and affirmative federal response. The Superintendent and Secretaries shall keep the Chief Administrative Law Judge informed of the status of their requests and the Chief Administrative Law Judge shall provide assistance as necessary to ensure a prompt and favorable federal response.

The Superintendent and the Secretaries shall notify the Governor and the Chief Administrative Law Judge immediately upon receipt of any federal response.

All other contested case hearings of the Departments of Licensing and Regulation, Health and Mental Hygiene and Human Resources and the State Department of Education shall be heard pursuant to Chapter 788 of the Acts of 1989.

Contested case hearings regarding Unemployment Insurance are temporarily exempted through June 30, 1992, from the provisions of Chapter 788 of the Acts of 1989.

The State Advisory Council on Administrative Hearings shall study the advisability of the temporary exemption for Unemployment Insurance hearings and shall submit a report and recommendation to the Governor continuing the temporary exemption through June 30, 1994.

All other contested hearings of the Department of Economic and Employment Development shall be heard pursuant to Chapter 788 of the Acts of 1989.

Board of Public Works;

Department of Agriculture;

Department of Budget and Fiscal Planning;

Department of Economics and Employment Development;

Department of Environment;

Department of Health and Mental Hygiene;

Department of Housing and Community Development;

Department of Human Resources;

Department of Juvenile Services;

Department of Licensing and Regulation;

Department of Natural Resources;

Department of Personnel;

Department of Public Safety and Correctional Services;

Department of Transportation;

Human Relations Commission;

Maryland Tax Court;

Office of the Attorney General;

Office on Aging;

Securities Division;

State Department of Education;

State Retirement and Pension Systems; and

The State Treasurer.

The following agencies currently either(i) do not conduct contested case hearings or (ii) do not use hearing officers, but have the case heard by the agency head, a board or a commission; and, therefore, are not currently affected by Chapter 788 of the Acts of 1989:

If the circumstances for any agency listed in paragraph E(1) above change so that the agency conducts contested case hearings, Chapter 788 of the Acts of 1989 shall apply to the agency unless the agency head, a board or a commission conducts the hearing.

Contract payroll employees, July 3, 1991;

Regular payroll employees, July 10, 1991; and

University payroll employees, July 14, 1991.

Smoking Prohibited. Except as provided in §A(3)(a), smoking or carrying any lighted tobacco product is prohibited in all State buildings and facilities, in all space leased or rented by the State, and in government operated shuttle buses.

State Vehicles. State employees are strongly encouraged to refrain from smoking in State vehicles and may not smoke when other nonsmoking passengers are present in the vehicle.

Facilities Housing Clients, Patients, Inmates, and Wards of the State.

Leased Housing. This order does not apply to any structure located on State property that is leased or rented as a residence to a State employee or other individual who is not the responsibility of the State.

Legislative and Judicial Branches of State Government. This order does not apply to the ground and first floor of the State House and spaces assigned to the legislative and judicial branches of government. However, the legislative and judicial branches are called on to establish smoke free environments in those work spaces.

Smoking Policy Implementation Committee. The Secretary or Director of each department or agency, including all Boards, Commissions, Departments, and State Colleges and Universities, shall establish a Smoking Policy Implementation Committee.

Implementation of the Smoking Policy. The Smoking Policy Implementation Committee shall develop procedures for making employees and clients aware of the policy and for providing information on smoking cessation programs to smokers who wish to quit.

The Department of Personnel shall coordinate and offer smoking cessation classes throughout the State under the Club Maryland Program.

Enforcement of Smoking Policy.

To establish general policy guidelines for Executive agencies regarding the enforcement and enactment or modification of regulations affecting manufacturing and technology-related industries.

To provide accountability mechanisms that apply to State agencies to ensure that these general policy guidelines are implemented.

State agencies that regulate manufacturing and technology-related industries (regulatory agencies) shall provide opportunities for consultations with affected industries prior to publishing a proposed regulation in the Maryland Register.

Agencies should make technical assistance to help businesses comply with regulatory requirements a priority service.

Regulatory agencies shall, to the extent practicable, provide businesses that are first-time violators of an agency regulation, a reasonable opportunity to take corrective action rather than issue fines (unless required by Federal or State law) and shall provide appropriate guidance to assist a business in correcting the violation and avoiding future violations.

When businesses are required to obtain multiple permits from, or submit to multiple inspections by, State and local agencies, regulatory agencies shall coordinate with other State and local agencies to streamline permitting and inspection processes and eliminate duplicative requirements.

State agencies shall establish and maintain review and decision timetables for permit applications.

The Departments of Environment, Licensing and Regulation, Natural Resources, and Economic and Employment Development shall form a working group to coordinate and oversee the implementation of this Executive Order.

Each regulatory agency shall, by December 31, 1993, submit to the working group a technical assistance plan that examines its current capacity to provide technical assistance to affected industries, identifies the degree of unmet technical assistance, and presents a plan to address any unmet needs. This plan shall be updated and submitted to the working group by December 31 of each subsequent year.

In cooperation with local officials, the working group shall identify problems and solutions in the permitting and inspection processes in State and local government agencies.

Each State agency that is a part of the working group shall provide performance data on its success in meeting the review and decision timetables for permit applications that are required by this Executive Order.

The working group shall ensure that the views of the affected industries and local officials are considered in its ongoing activities.

To the greatest extent practicable, and consistent with operational requirements and the provisions and requirements of this Executive Order, the State shall purchase vehicles that operate on alternative fuels in order to meet the requirements of the National Energy Policy Act of 1992.

In consultation with the Alternative Fuels Work Group, the Department of Budget and Fiscal Planning shall approve for State agencies vehicle specifications in order to provide reasonable and practical options for the purchase of alternative fueled vehicles. The University of Maryland System shall approve similar specifications for the purchase of alternative fueled vehicles within the University System. Specifications are to be balanced appropriately with operating needs and budgets.

The Department of General Services and the University of Maryland System shall procure, for State agencies and the University of Maryland System and its constituent institutions, respectively, approved alternative fueled vehicles and shall ensure that refueling capacity for alternative fuels is available to State agency fleets and the University of Maryland System.

The Department of Budget and Fiscal Planning shall advise agencies and The University of Maryland System concerning specific applications of alternative fuels and assist agencies in specifying alternative fueled vehicles in accordance with approved specifications and guidelines.

The Department of Transportation shall ensure that regulatory prohibitions to alternative fuels are reviewed and addressed.

Cabinet secretaries and the heads of independent agencies shall develop goals for the introduction of dedicated alternative fueled vehicles into their agencies following the approval of vehicle specifications under Section A(1) of this Order. Such goals shall be submitted to the Director of the Maryland Energy Administration beginning with Fiscal Year 1994 and each fiscal year thereafter, and shall take into consideration the number and location of alternative fuel stations.

There is established an Alternative Fuels Work Group.

The Work Group shall be composed of representatives of the following agencies, to be appointed by the agency head:

The Director of the Maryland Energy Administration shall be the chairperson of the Work Group.

The Alternative Fuels Work Group shall evaluate and recommend to the Governor and the executive agencies alternative fuels for use in the State fleet, and examine issues related to the use of those fuels in the State fleet.

The Department of the Environment shall provide guidance to the Alternative Fuels Work Group on the air quality benefits of various alternative fuels in various applications and otherwise assist in the achievement of a strong alternative fuels vehicle program.

In implementing this Executive Order, strict compliance with all applicable air quality standards and regulations shall be maintained.

The Work Group shall consult with the Comptroller of the Treasury and other State agencies as appropriate.

Work in conjunction with the Maryland State Division of Rehabilitation Services in submitting, monitoring, and evaluating the implementation of the Independent Living Rehabilitation Services State Plan; and

Carry out other duties as stipulated in Section 705(c) of the Act to support the implementation of the State Plan.

The members of the Council shall be appointed by the Governor, and conform to the requirements of Section 705(b)(2) of the Act concerning representation and consultation with interested groups and individuals.

Members currently serving on the Statewide Independent Living Council, as constituted in 1988 under the Division of Rehabilitation Services, shall serve as the Governor's initial appointees to the Council established under this Executive Order. Thereafter, future appointments shall be made in accordance with the requirements of the Act.

The Council shall annually elect a chairperson from among its members.

Members may serve up to two consecutive three-year terms, which shall be staggered on initial appointment. A member selected to fill a vacancy serves only for the balance of a term remaining at the time of appointment.

A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules and procedures to ensure the orderly conduct of business.

The Division of Rehabilitation Services shall provide staffing and resources as may be determined necessary to support the operation and duties of the Council.

Members of the Council may be reimbursed for reasonable and necessary expenses associated with attendance at meetings and performance of duties of the Council.

The Council shall continue to operate so long as required by the provisions of the Act.

Voluntary deductions are provided by the State for the benefit of a reasonable number of employees. Voluntary deductions must be within the capacity of the Central Payroll Bureau's system that serves the employees and must conform to the Central Payroll Bureau's forms and procedures. When the net amount payable to the employee is not sufficient to cover all of the voluntary deductions, deductions will be made in accordance with the sequence of the items listed in Section B.

All permitted voluntary deductions made on behalf of an employee organization or association (including deductions for insurance programs sponsored by the organization or association) will be provided at no charge as long as only one deduction is used. If additional deductions are requested by an organization or association, it will be required to pay a reasonable charge established by the Central Payroll Bureau taking into account personnel, computer and material costs.

No Department, Board, Commission, or Agency (hereafter referred to as Agency), may authorize solicitation of employees for insurance purposes at the place of employment unless the soliciting agents represent an approved employee organization or association. Payroll deductions shall not be authorized for any insurance premiums which are not included in one of the categories within Section B. Twice a year on a day selected by the Agency, representatives of employee organizations or associations and their insurance agents may be permitted to establish information desks centrally located convenient to State employees for soliciting and giving information about insurance programs. The information desks may be made available to State employees before or after working hours and during lunch and break periods.

Employees shall request all voluntary payroll deductions in writing on Central Payroll Bureau approved forms and all subsequent changes or cancellations shall similarly be in writing on an approved form.

The Central Payroll Bureau shall be held harmless if it deducts, amends or cancels payroll deductions, in accordance with the written request of the employee. All disputes regarding payroll deductions, including refunds and missed deductions, are a matter between the employee and the organization or association receiving the deduction.

Contractual employees are only afforded voluntary deductions for deferred compensation, United States Savings Bonds, Maryland Charity Campaign for State Employees and Retirees, and contributions to labor organizations or associations of management officials which meet the criteria of Section B(9) of this Order.

Health Insurance Premiums. The State offers a health program for its employees in certain categories. The premiums for this program are subsidized by the State as directed by the Secretary of Personnel. Deductions are initiated by the employee through the employee's Agency personnel office.

Dependency Support. Deductions for alimony and child support have previously been available only pursuant to a Court Order. In order to avoid the cost of Court Orders to the employee and the State, the State will also honor voluntary deductions for dependency support when the employee enters into an agreement with a support enforcement agent of the Department of Human Resources and it is within the capacity of the Central Payroll Bureau to process the deduction.

Deferred Compensation. The Maryland State Employees Deferred Compensation Program is administered by a Board of Trustees and includes a variety of options, including a savings account, fixed annuity, variable annuity, mutual fund and life insurance. Deductions are initiated, changed or cancelled through the Plan Administrator, currently the Public Employees Benefit Services Corporation.

State Employees Credit Union and MTA Employees Credit Union, Inc. The State encourages savings by its employees, making available deduction for the Credit Unions chartered to serve its employees, retirees, and their dependents. Deductions are initiated, changed or canceled as follows:

The Maryland Charity Campaign for State Employees and Retirees. The State sponsors a single annual Maryland Charity Campaign for State employees and retirees and makes payroll deduction available for this purpose. The deduction for each annual contribution is made available under the following conditions:

United States Savings Bonds. The State of Maryland cooperates with the United States Treasury Department in making payroll deductions available for up to three different United States Savings Bonds.

Tax Deferred Annuities and Disability Plans. The State of Maryland offers to employees of the institutions of higher education various tax deferred annuities, life insurance plans and disability plans that have been approved by Morgan State University, St. Mary's College of Maryland, the Maryland Higher Education Commission, or the Board of Regents of the University of Maryland System. In addition, the Maryland State Retirement Systems also offer a tax deferred annuity. No expansion in these deductions is permitted without the concurrence of the appropriate governing body and the support of the Central Payroll Bureau.

Insurance Afforded to Federal Civil Service Employees. The State of Maryland affords an insurance payroll deduction to Federal Civil Service employees who are currently paid by the State since it is a condition of their employment.

Deductions for Employee Organizations and Associations. Subject to the general limitations stated in this Order, any employee labor organization or association of management officials or supervisors is entitled to payroll deduction privileges provided the organization or association meets all of the following criteria:

Insurance Programs Sponsored by Employee Organizations or Associations. Insurance programs that require employee organization or association membership as a condition of entitlement will be paid in the same deduction as the employee organization or association unless the employee organization or association pays the charge for an additional deduction as specified in Section A(2).

State University and College Fund Raising Campaigns. One deduction per employee is offered for use by any State institution of higher education for capital or annual fund campaigns that have been approved by the appropriate governing body and which are within the capability of the Central Payroll Bureau.

Existing Deductions that do not Meet These Criteria. Existing organizations and associations which currently have payroll deduction privileges and do not meet the criteria of this Order will be allowed to continue payroll deduction for existing employees but will not be permitted to add new employees or to increase existing deductions.

Designate an individual to act as a chief internal auditor;

Implement an effective program of internal audits that includes, as the agency head determines to be necessary, professional and support staff that have the technical proficiency and educational background appropriate for the performance of audits; and

Seek from the Legislature sufficient funding to cover the related costs incurred by the agency in the performance of these duties.

Report directly to the agency head;

Develop an annual audit plan to carry out internal audits;

Provide written policies and procedures to guide the performance of internal audits;

In conjunction with the Committee on Fraud, Waste, and Abuse's biannual self-assessment evaluation, maintain an ongoing internal quality assurance program to evaluate the operation of internal audits;

Prepare internal audit reports that shall:

Conduct follow-up reviews of internal audit findings to ascertain that appropriate action has been taken on findings contained in internal audit reports; and

Make available and coordinate a continuing professional education program to ensure that the agency's internal auditors have access to current information concerning internal audit policies, procedures, and techniques and to provide general technical and audit assistance to the agency's internal auditors.

Subject to the approval of the appointing authority, have access to all personnel and any data, records, and other information of the State agency that the chief internal auditor deems necessary to carry out the internal audit; and

Maintain the confidentiality of any public records that are made confidential by law and be subject to the same penalties as the custodian of the public records for a violation of a confidentiality law applicable to the records.

Coordinate State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;

Cooperate with the Executive Department and the Departments of Agriculture and Environment to promote public information, education, and participation activities designed to involve citizens in restoring the Chesapeake Bay; and

Develop media campaigns to increase public awareness and participation in the cleanup of the Chesapeake Bay.

The Maryland Charity Campaign for State Employees and Retirees (“the Campaign”) shall be administered on an annual basis by the Secretary of State in conformity with the provisions of Executive Order No. 01.01.1983.03 issued on January 24, 1983, as may be amended, which are not inconsistent with this Order.

The Secretary of State shall develop instructions and procedures applicable to voluntary charitable organizations which may desire to participate in the Campaign in accordance with the eligibility criteria set forth herein.

The Secretary of State shall select a qualified operating agency and execute an agreement with such agency for the conduct of the Campaign in accordance with the provisions of this Executive Order.

Solicitations of current and retired State employees shall be limited to a 10-week period in the fall of each year.

The heads of all boards, commissions, agencies and departments of State government shall cooperate with the Secretary of State and the operating agency to promote the efficient conduct of the Campaign and to ensure that employee participation in the Campaign is clearly voluntary and free of coercion.

Operate in compliance with all applicable federal, State, and local laws;

Operate under currently valid articles of incorporation or other organizing instrument and by-laws or other governing instrument; a copy of each being submitted with the application, if not already filed with the Secretary of State as part of a prior application or registration;

Hold and maintain a currently valid designation by the Internal Revenue Service (I.R.S.) as a §501(C)(3) organization, and be eligible to receive tax deductible contributions under Section 170 of the Internal Revenue Code; a copy of the I.R.S. designation letter being submitted with the application to the Secretary of State, if not already filed, as part of a prior application for registration;

Submit a duplicate copy of its I.R.S. Form 990 for its most recently completed fiscal year; or if not required by I.R.S. to file a Form 990, a copy of a financial report on a form provided by the Secretary of State, signed and certified by its chief executive officer;

State and certify the percentage of its total revenue from the preceding fiscal year which was spent on management and fund-raising expenses;

If the percent of revenue spent by a charitable organization on management and fund-raising expenses exceeded 25 percent, submit a statement demonstrating that its expenses for these purposes were reasonable under all the circumstances in its case;

Submit a copy of its current operating budget signed and certified by its chief executive officer;

Demonstrate that it has provided a significant level of service to the residents of the State of Maryland or to those in need of such services in other countries for a period of not less than two years immediately preceding the calendar year of the Campaign. Agencies providing services in other countries must provide evidence of financial support from Maryland residents within the past five years;

Certify that it will use funds from the Campaign solely for the provision of services to the residents of the State of Maryland, or to people in other countries, including reasonable administrative costs of these programs;

Beginning with the 1997 Campaign, certify the amount of money received from the most recent Maryland Charity Campaign, and certify how that money was spent to provide services to residents of Maryland or to people in other countries;

Have a majority of its governing body serving without compensation; and

Make available to the public upon request its annual financial report.

The Secretary of State may call upon the operating agency for technical assistance in the administration of the Campaign.

An agency which submits an application for participation in the Campaign which is denied by the Secretary of State may within 10 days of the denial submit a petition for reconsideration. The Secretary of State's disposition of the petition shall be conclusive and final.

Demonstrate its administrative capability to manage and operate an extensive fund-raising campaign among the State's current and retired employees in an efficient manner;

Demonstrate its financial capability to manage and operate a fund-raising campaign in an efficient manner yielding contributions comparable to those made by State employees and retirees in the past;

Demonstrate its public accountability by certifying that it annually submits to a financial audit by a certified public accountant; make its audited financial statement, or a summary thereof, available to the public upon request; provide evidence that it has engaged in sound management practices that indicate that contributions donated by the public have been utilized with the utmost integrity; and

Demonstrate that it has established a broad base of community support in the State and has established ongoing and cooperative relations with a significant number of the State's charitable organizations.

Promote and publicize the Campaign among the State's current and retired work force;

Publish brochures, informational materials and related matters sufficient for each potential contributor to fairly identify the participating agencies and their principal activity or charitable purpose(s), and the methods to be used for indicating the dollar amount of payroll deduction they wish to contribute;

Cooperate with the Office of the Comptroller, Central Payroll Division and comply with its payroll deduction policies and procedures;

Distribute contributions to participating agencies in accordance with the expressed intention of contributors; and

Agree to the review of its financial activities by authorized representative of the State of Maryland, and, within 180 days of the close of a Campaign, submit to the Secretary of State a complete audited financial statement prepared in accordance with the standards of accounting and financial reporting for voluntary health and welfare organizations.

The principal departments within the Executive Branch;

The Maryland Insurance Administration;

The State Department of Assessments and Taxation; and

The State Lottery Agency.

Organize, form, join or assist any employee organization;

Bargain collectively through representatives of their own choosing;

Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by any other law of the State of Maryland or this Executive Order.

Hold hearings and conduct elections;

Make determinations regarding certification and decertification of exclusive bargaining representatives;

Resolve other issues that may arise under this Order; and

Promulgate such guidelines and establish such procedures as may be necessary for the proper implementation of this Order.

“Collective bargaining,” to “bargain collectively,” or to “negotiate” mean the mutual obligation of the employer and the employee exclusive bargaining organization to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment. The parties, upon the completion of negotiations, shall execute a written memorandum of understanding incorporating the terms of any agreement reached, and, to the extent they require legislative approval or the appropriation of funds, such terms shall be recommended to the Legislature for approval or the appropriation of funds, as may be necessary. The duty to bargain shall include the obligation to negotiate in good faith for the purpose of resolving any questions arising under an existing memorandum of understanding. Notwithstanding the foregoing, the employer shall not be required to negotiate with regard to any matter that would be inconsistent with applicable law, and the employer may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended to eliminate any such inconsistency.

“Employee” means an individual employed by the Executive Branch, unless the individual is any of the following:

“Confidential employee” means an employee:

“Managerial employee” means an individual who is:

“Professional employee” means an employee engaged in work:

“Supervisor” means an individual having authority in the interest of the Executive Branch to hire, transfer, suspend, lay off, recall, promote, discharge other employees, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgement.

“Temporary employee” means an individual who is employed in a temporary position for not more than 90 days.

“Employee organization” means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of such employees.

“Employee exclusive bargaining representative” and “exclusive bargaining representative” mean an organization certified as the exclusive bargaining representative pursuant to the provisions of this Order.

“Appropriate bargaining unit” means one of the following units:

The principles of efficient administration of government, including limiting the fragmentation of government administrative authority;

The existence of a community of interest among the employees assigned to the bargaining unit;

The recommendations of the parties involved.

An exclusive bargaining representative for that bargaining unit has been certified within the preceding 2 years; or

The bargaining unit has in effect a valid memorandum of understanding that, by its terms, does not exceed 3 years in duration; provided, that the limitation imposed by this paragraph shall not bar the filing of a decertification petition within the 90-day period immediately preceding the expiration of such memorandum of understanding.

Entitled to speak on behalf of all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership;

Exclusively permitted to have organizational membership dues collected by payroll deduction upon signed written request of employee conforming to law; except that any other organization that qualifies for payroll deduction of dues pursuant to §6-402 of the State Personnel Article of the Annotated Code of Maryland shall continue to be eligible to receive payroll deduction of dues for as long as it remains so qualified; and

Entitled to meet and negotiate with the Governor or the Governor's designee on wages, hours, and working conditions in an effort to reach an agreement subject to the approval of the Governor.

Interfering with, restraining, or coercing Executive Branch employees in the exercise of rights granted by this Order;

Interfering with, restraining, or coercing an Executive Branch employee with respect to selecting a representative for purposes of negotiating collectively or the adjustment of grievances;

Refusing to bargain collectively with the employee exclusive bargaining representative as required in this Order; or

Refusing to negotiate in good faith or to execute or implement any memorandum of understanding negotiated pursuant to this Order.

State agencies give priority to central business districts, downtown cores, empowerment zones and revitalization areas when funding infrastructure projects or locating new facilities;

State agencies review, evaluate and coordinate programs, services and activities in Priority Funding Areas to enhance and support community revitalization;

State agencies work with local jurisdictions to ensure that programs and activities in rural areas will sustain the character of villages in the area;

State agencies encourage locating workshops, conferences and other meetings in Priority Funding Areas and support available businesses in these areas when planning such activities; and

State agencies encourage federal agencies to adopt flexible regulations and standards which are more responsive to State and local policies and can be used to support the Smart Growth policies.

All State agencies will implement the Smart Growth and Neighborhood Conservation Policy established in this Executive Order and pursuant to Acts 1 and 2 (Brownfields), Acts 755 and 756 (Job Creation Tax Credit), Acts 757 and 758 (Rural Legacy), and Act 759 (Priority Funding Areas) of the Laws of Maryland 1997.

The Policy will apply to all decisions made by an agency when statute or other law confers decision-making discretion to the agency.

State agencies will continue to implement the State Economic Growth and Resource Protection and Planning Policy.

There is a Smart Growth and Neighborhood Conservation Sub-Cabinet. The Sub-Cabinet will consist of the following members:

The Director of the Maryland Office of Planning will serve as Chairman of the Sub-Cabinet and will schedule meetings. Principal staff support for the Sub-Cabinet will be provided by the Office of Planning.

The Sub-Cabinet will:

The Maryland Office of Planning will:

All State agencies will:

When making funding decisions, State agencies will consider:

Each agency shall, where appropriate, adopt regulations implementing §5-7A-02 and §5-7B of the State Finance and Procurement Article. Each agency shall identify opportunities to modify existing regulations to carry out the purposes of this policy and the 1992 Growth Act.

State agencies and the State Clearinghouse for Intergovernmental Review and Coordination Process will, when possible, coordinate review of federal projects in relation to their location in Priority Funding Areas and to encourage compliance with the Federal Executive Order 12072-Federal Space Management, which directs federal agencies to locate facilities in urban areas.

The Office of Planning and the Department of Transportation will adopt procedures for the review of transportation projects as provided in §5-7B-05 of the State Finance and Procurement Article and jointly determine compliance with that section, prior to the submission of a request for funding to the Board of Public Works.

The Department of Business and Economic Development will consider the jurisdiction's comprehensive plan, the location of the site in relation to available sewer and water and other Priority Funding Areas when reviewing applications for a new Enterprise Zone.

Agencies will provide an annual report to the Office of Planning that should include the following:

Members will consist of staff designated to participate in this Subcommittee by the Secretaries and Directors of the following agencies:

The Subcommittee will be chaired by the Office of Planning and will meet at least quarterly. Membership may be revised to include additional units of government or reflect changes in State government.

The Subcommittee will be staffed by the Office of Planning.

The Subcommittee will:

One representative of the Department of Human Resources;

Two representatives of the Department of Budget and Management, including an expert in State personnel issues;

Two representatives of the Maryland State Department of Education, including a representative of the Division of Rehabilitation Services;

One representative of the Executive Department Office for Individuals with Disabilities;

One representative of the Senate of Maryland;

One representative of the Maryland House of Delegates;

One representative of the Maryland Department of Transportation;

One representative of the Department of Labor, Licensing, and Regulation;

One representative of the Department of Health and Mental Hygiene;

One representative of the Department of Housing and Community Development;

One representative of the Maryland Human Relations Commission;

One representative of the Maryland Department of Business and Economic Development;

Members appointed by the Governor to represent business and industry, labor, consumers, consumer advocacy groups, private agencies with disabled client populations, the news media, fraternal and religious groups, the medical community and others within the community interested in the goals and objectives of the Committee; and

At least 14 members of the Committee must be individuals with disabilities.

To promote meaningful employment opportunities for qualified individuals with mental, physical, and emotional disabilities as defined by the Rehabilitation Act of 1973 as amended;

To promote a climate of public awareness and understanding of both the barriers to employment faced by people with disabilities and the laws ensuring equal opportunity to this employment; and

To promote a better understanding among people with disabilities of opportunities available for habilitation and rehabilitation in order that more and more will have marketable job skills.

Plan and carry out year-round education programs designed to promote a climate of public awareness and understanding of the attitudinal, architectural, educational, housing, transportation, and other barriers to employment and life quality faced by people with disabilities;

Stimulate state and local community interest by securing the active cooperation and participation of such “public” entities as business and industry, labor, government, educators, public and private agencies serving people with disabilities, consumers, consumer advocates and civic organizations;

Plan and carry out/or participate in special events and programs designed to highlight abilities of qualified people with disabilities and programs to facilitate employment of such persons;

Encourage and facilitate the development and functioning of local committees on employment of people with disabilities;

Coordinate with and participate in activities of other public and private agencies; and

Cooperate with the President's Committee on Employment of People with Disabilities in programs and activities initiated at the national level.

“Board” means the Board of Public Works;

“Department” means the Department of Budget and Management;

“Secretary” means the Secretary of the Department of Budget and Management;

“State entity” means any agency or instrumentality of the State other than the Board of Public Works;

“Debt” means a bond, note, bond anticipation note, capital lease, or any other evidence of indebtedness; and

“Transaction” means the issuance of debt.

Recommend to the Governor the level of annual debt issuances for certain State entities;

Report annually on the levels of debt issued and outstanding by certain State agencies;

Serve as the coordinating agency for issuances of debt by State agencies and instrumentalities; and

Arrange for centralized procurement, when appropriate.

After consultation with the State entities, each year the Department shall recommend to the Governor for the next fiscal year the amount of debt, net of refunding debt, that may be issued by each of the following entities:

On or before March 15 of each year, the Department shall notify the affected State entities and the Board of the amounts as set by the Governor for the next fiscal year and shall cause the amounts to be published in the Maryland Register.

During the fiscal year, the Governor may increase or decrease the amounts by notice to the Department. The Department shall notify the affected State entity and the Board of any change and shall cause such changes to be published in the Maryland Register.

If a State entity does not issue all of its approved amounts during the fiscal year, such unused portion may not be used in any succeeding fiscal year.

The Secretary may add other State entities that issue non-tax supported debt not otherwise limited by law to those listed in §C(1) of this Executive Order.

No later than October 1 of each year, each State entity that issues debt not otherwise limited in amount by State law shall report to the Department for the previous fiscal year:

By November 1, the Department shall report to the General Assembly, subject to the provisions of §2-1312 of the State Government Article, and to the Board on the transactions, the level of outstanding debt, and the levels of debt issued and redeemed in the preceding fiscal year.

The purpose of the transaction;

The proposed sale date;

The nature of the transaction;

The proposed principal amount of the transaction; and

Any other information which the Department may request.

Upon recommendation of the Governor, the Board may delegate to the Treasurer procurement of any financial services and technical assistance required in connection with the issuance of debt, but the fees for such services shall be paid from the proceeds of the transaction or other funds as provided.

At the request of the Governor, the Treasurer may issue debt on behalf of a State entity.

The Secretary may waive or extend any deadlines for action under this Executive Order, other than any action to be taken by the Governor. Any waiver or extension shall be in writing.

At the request of any State entity, the Secretary shall:

Clearly direct that State agencies will not tolerate domestic violence;

Instruct employees on how to offer assistance to domestic violence victims in an expedient, meaningful and confidential manner;

Provide for the conspicuous posting of information about domestic violence and available resources;

Provide for domestic violence awareness training for employees; and

Prohibit unfair treatment of employees by the employers based solely on their status as victims of domestic violence.

In a manner intended to incite or produce an imminent breach of the peace; and

Under circumstances likely to incite or produce an imminent breach of the peace (Maryland Code, Article 27, Section 83).

Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag . . . authorized by any law of the United States or of this State; or

Expose to public view any such flag . . . upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or

Expose to public view for sale, manufacture, or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag . . . in order to advertise, call attention to, decorate, mark or distinguish such article or substance (Maryland Code, Article 27, Section 82).

For purposes of this Executive Order, “Green Energy” is defined as energy generated from the wind, solar photovoltaic, solar thermal, biomass, landfill gas and the combustion of municipal solid waste.

For the procurement of electricity for use within State owned facilities, the State of Maryland has a goal of 6% to be generated from Green Energy. No more than 50% of the total Green Energy procurement shall be derived from the combustion of municipal solid waste.

In the selection of a power generation contractor chosen through the procurement process, priority consideration should be given to companies that produce green power in Maryland. The chosen contractor shall obtain certification from a State approved accreditation process that the company has met the Green Energy goal.

The State shall develop a High Efficiency Green Buildings Program committed to utilizing energy efficient and environmentally responsible approaches in the design, construction, operations, maintenance and deconstruction of all new and, to the extent possible, existing State owned and leased facilities.

There is a “Maryland Green Buildings Council” (the Council). The Council shall be Chaired by the Secretary of the Department of General Services and include:

The Council is charged with creating the High Efficiency Green Buildings Program. Within 180 days of its inception, the Council shall make recommendations to the Governor regarding appropriate criteria, standards and a numeric rating system (modeled after the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System and the federal Energy Star Program) for use by the Program.

Upon acceptance of the appropriate criteria, standards, and a numeric rating system, the High Efficiency Green Buildings Program shall be fully adopted in the design, construction, operations, maintenance and deconstruction of new State owned and leased facilities. Reasonable effort should be made to incorporate these standards into the construction of all new facilities designed before the issuance of this executive order.

For all existing State owned, leased and operated buildings, reasonable efforts shall be made to maximize the use of energy efficiency and resource conservation techniques.

The Council shall also have the following additional responsibilities:

Energy Efficiency Improvement Goal: The State, through cost-effective energy measures, shall reduce energy consumption per gross square foot of its facilities by 10% by 2005 and 15% by 2010 relative to 2000 baseline.

Renewable Energy Project Goal: The State shall expand the use of renewable energy within its facilities, including supporting the federal Million Solar Roofs program.

Efficient Product Purchase Goal: The State shall purchase Energy Star products when purchasing energy-using products, including computers, printers, copiers and other office equipment, or shall purchase products in the top 25% in energy efficiency for products where labels are not available.

Pollution Prevention Goal: Beginning on January 1, 2003, State agencies shall annually divert or recycle at least 20% of the waste they generate.

Alternative Fuel Vehicles Goal: Consistent with the goals of the Chesapeake 2000 Agreement, the State shall revise fleet policy and purchasing guidelines to offer more flexibility in purchasing, where practical, low emission and alternative fuel vehicles for its fleet. The State shall ensure that for fleet units operating bi-fuel or flex-fuel vehicles (vehicles that operate on either motor gasoline or an alternative fuel, as defined by the Federal Energy Policy Act) an average of 50% of the fuel used by those vehicles shall be alternative fuel. The State shall help develop the refueling and maintenance infrastructure required to make certain types of alternative fuel vehicles practical and may provide technical assistance and other incentives to use clean technology, where practical, in State transit fleets.

State agencies, through water conservation measures, shall reduce water consumption by at least seven percent (7%) by the year 2003, at least eight percent (8%) by the year 2005, at least nine percent (9%) by the year 2007, and at least ten percent (10%) by the year 2010, relative to baseline water use in the year 2000.

For the purposes of this Executive Order, water conservation measures will apply to facilities owned, leased or managed by any State agency. This Executive Order does not apply to water production and supply functions.

A water use audit, which is a measurement and accounting of the amount of water conveyed through the water distribution system to water users, shall be conducted annually at all State owned or leased facilities by the State agency responsible for the lease or maintenance of the facility. Additionally, the audit will inventory all water fixtures and other water use devices to determine which are inefficient and the results shall be reported to the Maryland Department of the Environment (MDE) by July 1, 2001.

During the water use audit, the State agency shall also identify any water conservation measures for immediate implementation.

Each State agency responsible for the lease or maintenance of a facility shall immediately designate a water conservation coordinator who is responsible for the annual development and implementation of the agency's water use audit and water conservation plan. An agency coordinator may further designate coordinators for each facility, who will ensure that all aspects of the plan are appropriately implemented. Each responsible State agency will complete and submit to MDE a water conservation plan by October 1, 2001. A water conservation plan shall include the following fundamental elements and explain how each element is to be implemented:

Additionally, each responsible State agency shall address the following measures in its water conservation plan:

All leases, beginning in FY02, by any State agency shall include water conservation measures as a term of the lease.

On December 1, 2001, and every year thereafter, each responsible State agency shall report to the Maryland Green Buildings Council and MDE in a format provided by the Department on measures taken to reduce water use at each of its State-owned and State-leased facilities. The reports should include results from the water use audit and steps outlined in the water conservation plan.

The agency reports shall be reviewed to ensure that the most appropriate water conservation measures are implemented. The Green Buildings Council, in consultation with MDE, shall determine and approve appropriate water conservation measures. The Green Buildings Council, in consultation with MDE, will annually reevaluate the water conservation goal contained in Section A above, and may waive water conservation requirements where an agency is able to demonstrate that water conservation has been optimized and further reductions are not structurally feasible.

Each year the Maryland Green Buildings Council and MDE shall submit a report to the Governor regarding the effectiveness of State agencies' water conservation measures in meeting the overall water use reduction goals.

The membership of the Council shall be appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities, and shall include:

To the extent practicable, the Governor shall also consider the extent to which minority populations are represented on the Council.

A majority of the Council members shall be individuals with disabilities and not employed by DORS.

The Council shall select a chairperson from among the membership of the Council.

The Governor will appoint members to the Council for terms of three years with such terms staggered upon initial appointment so that one-third of the Council will be appointed each year.

No member of the Council, other than a representative of the Client Assistance Program, may serve more than two consecutive full terms except that a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term.

A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules or procedures necessary to ensure the orderly conduct of business.

Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.

Review, analyze, and advise DORS regarding the performance of the responsibilities of DORS, particularly related to:

In partnership with DORS:

Advise DORS regarding activities authorized to be carried out under Title I of the Rehabilitation Act, as amended, and assist in the preparation of applications, the State plan and amendments to the plan, reports, needs assessments, and evaluations required by this Title;

To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:

Prepare and submit an annual report to the Governor and the Commissioner of the Federal Rehabilitation Services Administration on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;

Coordinate with other councils within the State, including the Statewide Independent Living Council established under section 705 of the Rehabilitation Act of 1973, as amended; the State Special Education Advisory Council established under section 613(a)(12) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(12), the State Developmental Disabilities Council, the State mental health planning council established under section 1916(e) of the Public Health Service Act, and the Governor's Work Force Investment Board;

Advise DORS and provide for coordination and the establishment of working relationships between DORS and the Statewide Independent Living Council and centers for independent living within the State;

Perform such other functions consistent with the purpose of the Council and that are comparable to the other functions performed by the Council;

Perform such other functions as required under Title I of the Rehabilitation Act, as amended; and

Prepare, in conjunction with DORS, a plan for the provision of such resources including such staff and other personnel as may be necessary to carry out the functions of the council as outlined in this Executive Order.

Supervision and Evaluation. The Council shall, consistent with State personnel laws, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions.

Personnel Conflict of Interest. While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by DORS or any other agency or office of the state, that would create a conflict of interest.

Resolution of Disagreements. To the extent that there is a disagreement between the Council and DORS in regard to the resources necessary to carry out the functions of the Council, the disagreement shall be resolved by the Governor.

Compensation and Expenses. The Council may use funds to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.

Establish an Institution/Agency Management Plan in accordance with the “Maryland Stormwater Management Guidelines for State and Federal Projects,” issued by the Maryland Department of the Environment, July 1, 2001.

Implement the Institution/Agency Management Plan which includes retrofitting existing impervious surfaces with a goal of a 25% reduction in effective imperviousness by 2010.

Establishment. There is a Maryland State Council for Interstate Adult Offender Supervision.

Membership. The State Council is comprised of the following members to be supplemented by others that are deemed necessary by the Board:

Duties. The Maryland State Council for Interstate Adult Offender Supervision shall have the duties prescribed to it under the Maryland Annotated Code, Correctional Services Article, Section 6-205, including:

Reports. The State Council shall provide an annual report to the Governor each December 31 concerning its activities.

Direct and coordinate homeland security activities within the State, paying special attention to key linkages between federal, State, regional, subdivision, metropolitan, and purely local activities;

Advise the Governor on policies, strategies, and measures to enhance and improve the ability to detect, prevent, prepare for, protect against, respond to, and recover from, man-made emergencies or disasters, including terrorist attacks;

Assess the homeland security of the State of Maryland on a continuing basis and ensure the development and updating of plans as appropriate;

Serve as the principal liaison to the White House Office of Homeland Security and the U.S. Department of Homeland Security as well as other federal entities within Maryland responsible for homeland security and emergency preparedness;

Direct and coordinate policy and actions relating to homeland security across State agencies and political subdivisions; emphasize communication and cooperation with subdivision agencies and their first responders on all homeland security concerns; provide executive and legislative recommendations to streamline existing committees, commissions, agencies or departments to prevent redundancy or enhance efficiency; and

Coordinate investment decisions to avoid conflicts, redundancies and misallocation of resources; work to obtain and allocate federal funds for State and subdivision homeland security activities.

This Executive Order implements the Regulatory Review and Evaluation Act (the Act) and is issued pursuant to State Government Article, Section 10-133, Annotated Code of Maryland.

The Act requires each unit in the Executive Branch of State government that is authorized by law to adopt regulations to:(a) propose a schedule for review of existing regulations; (b) unless exempt, review its existing regulations in accordance with criteria set forth in the Act; and (c) submit a report to the Administrative, Executive, and Legislative Review (AELR) Committee of the Maryland General Assembly.

The first step in the review process is the development by each unit of a work plan that will describe the regulatory review process to be followed for each set of regulations to be reviewed. The work plan shall be developed and submitted in accordance with State Government Article, Section 10-134.

The work plan shall be submitted to the AELR Committee and the Governor well in advance of the evaluation report due date, but not later than one year before the evaluation report. The Division of State Documents shall receive and maintain the work plan on behalf of the Governor.

The work plan should be appropriate for the regulations to be reviewed in accordance with the evaluation criteria as discussed in Section E of this Executive Order. Adequate resources should be devoted to the review considering the length, complexity, technical aspects, and importance of the regulations. The contents of the work plan shall be as specified in the State Government Article, Section 10-134(b).

The evaluation report review schedule adopted under Executive Order 01.01.1996.04 remains in effect for evaluation reports due through July 1, 2003. As of August 2003, evaluations are due as shown in Attachment A of this Executive Order.

The deadline set forth in Attachment A may be altered by applying, in writing, to the Governor before the due date, citing justification for the alteration and suggesting a date by which the unit will submit the evaluation report. If approved, the unit shall publish notice of the new due date in the Maryland Register. A request for a deadline alteration under this section shall be filed with the Division of State Documents, which shall advise the Governor as to whether to approve or deny the deadline alteration request. The Governor shall approve or deny the deadline alteration request.

Regulatory review is an on-going process and shall continue for subsequent eight year periods beginning July 1, 2011. The schedule in Attachment A will apply, commencing July 2012, unless the schedule is revised by subsequent executive order. Adjustments to the schedule granted under Subsection C (2), above, do not change the deadlines for subsequent eight year periods.

Under State Government Article, Section 10-132.1(b), at the time a unit's regulations are scheduled for review, an adopting authority may certify to the AELR Committee and to the Governor that the review of certain regulations would not be effective or cost- effective because the regulations were adopted to implement a federally mandated or federally approved program, or initially adopted or comprehensively amended during the preceding eight years.

The adopting authority claiming exemption shall provide the Governor and the AELR Committee with written justification for a certificate of exemption.

A certificate of exemption and written justification required to be filed with the Governor shall be filed with the Division of State Documents, which shall receive them and maintain them for the Governor.

The evaluation report shall be developed in accordance with State Government Article, Section 10-135(a).

In addition to the criteria for review under State Government Article, Sections 10-132(1)(i) and 10-135(a)(2), a unit should consider whether its regulations are effective in accomplishing the intended purpose of the regulations.

Units are also encouraged to study existing policy statements, guidelines, or standards being applied or enforced by the unit which have not been promulgated as regulations, but which fall under the definition of regulation found in State Government Article, Section 10-101, and which should be promulgated as regulations under the Administrative Procedure Act. Additionally, units should determine whether all regulations required by recently enacted legislation have been promulgated. The results of this study may appear in the unit's evaluation report.

The evaluation report shall contain the items required by State Government Article, Section 10-135(a)(2), and also shall include the dates each chapter of regulations reviewed was originally adopted or last amended.

In accordance with State Government Article, Section 7-212, a unit proposing in its evaluation report to reorganize its regulations shall submit the reorganization scheme to the Division of State Documents for approval before submission of the evaluation report.

In addition to the distribution of the evaluation report required by State Government Article, Section 10-135(b), the unit shall also provide a copy to the Governor and to the Division of State Documents.

The evaluation report shall be in a format specified by the Division of State Documents.

When an unresolved disagreement between a unit and the AELR Committee is referred to the Governor under State Government Article, Section 10-136, the unit shall submit to the Governor the documentation required by State Government Article, Section 10-136(a).

If the Governor instructs a unit to modify an evaluation report under State Government Article, Section 10-136(a)(2)(ii), the unit shall prepare a revised evaluation report, in accordance with the Governor's instructions, for submission to both the AELR Committee and the Governor. The unit shall publish notice of the revised report in the Maryland Register.

The Commission shall consist of up to 17 members appointed by the Governor, including:

Members appointed by the Governor shall serve at the pleasure of the Governor for up to two consecutive four-year terms. The terms of members shall be staggered on initial appointment pursuant to this Executive Order. All other members of the commission shall serve so long as they hold the designation specified in this Executive Order.

The Governor shall designate a Chairperson from among the members of the Commission, with the advice of the Secretary of Human Resources. The Chairperson shall hold office at the pleasure of the Governor.

The Governor may remove any member of the Commission for any cause.

In the event of a vacancy, the Governor shall appoint a successor.

The Commission shall meet at least four times a year, at the times and places determined by the Chairperson.

A majority of Commission members shall constitute a quorum for the transaction of any business.

The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

By June 30 of each year, the Commission shall submit an annual report to the Governor and the Secretary of Human Resources detailing its activities in the preceding calendar year, along with any appropriate recommendations.

Serve as the advisory body to the Governor, the General Assembly, and agencies within the Executive Department on matters relating to the migratory and seasonal farm labor population of Maryland;

Serve as a forum for farm laborers, growers, service agencies, and State agencies to share information and concerns, and to cooperate in developing recommendations concerning matters that affect the migratory and seasonal farm population of Maryland;

Work with growers, communities in which the workers live, crewleaders, private groups, churches, and agencies of State and local government for the purpose of advancing the welfare of migratory and seasonal farm laborers;

Promote the coordination of and, to the degree feasible, participate in the evaluation of farm labor programs and services to this population that are provided by the State and federal government and private agencies;

Conduct surveys and interview employers, workers, governmental experts, and members of the community whenever, in its judgment, these activities are necessary to assess conditions affecting migratory and seasonal farm laborers;

Review and make recommendations on existing and proposed federal, State, and local legislation, rules and regulations, policies, and programs that affect or would affect the migratory and seasonal farm labor population in Maryland; and

Perform any other duties that may be requested by the Governor.

The Committee shall consist of up to fifteen members, including:

Members named to the Advisory Committee under Section (B)(1)(h) and(i) shall serve at the pleasure of the Secretary of Agriculture.

The Secretary shall designate a Chair from among the members of the Advisory Committee.

Members of the Committee may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

A majority of the Advisory Committee shall constitute a quorum for the transaction of any business. The Committee may adopt such other procedures necessary to ensure the orderly transaction of business.

The Department of Agriculture shall provide principal staff support to the Advisory Committee .

Make recommendations to the Secretary for changes in law or regulation to improve pesticide management in the State;

Provide advice to the Secretary on issues concerning the registration, sales, use, storage and disposal of pesticides, the certification and training of pesticide applicators, the licensing of pest control businesses and the protection of farmworkers, endangered species and water resources;

After having consulted with the Secretary, provide advice to other State agencies and local governments concerning their responsibilities in pesticide management and protection human health, natural resources and the environment; and

Generally serve in an advisory capacity to the Secretary, Department Officials, and other State agencies on pesticide related matters.

Undertake efforts to develop, upgrade and/or modify forest stewardship plans on all DNR-owned lands consistent with and responsive to scientifically based land use conservation goals attendant to watershed, wildlife, fish, biodiversity, recreation, wood fiber, and wilderness enhancement; and

Confer with the Forest Stewardship Council and the Sustainable Forestry Initiative Board in order to determine the parameters of securing forest certification of the State's efforts in managing Maryland's State Forests in an environmentally responsible manner.

The spouse of a veteran who is eligible for admission to Charlotte Hall Veterans Home; or

The spouse of a deceased veteran who would otherwise be eligible for admission to Charlotte Hall Veterans Home.

A qualifying spouse must meet the qualifying admission criteria and produce proof of marriage to an eligible veteran;

A qualifying spouse may not be admitted once the Charlotte Hall Veterans Home's census reaches 90%, unless otherwise determined by the Maryland Veterans Home Commission and Maryland Department of Veterans Affairs;

A qualifying spouse is not eligible for a federal Veterans' Affairs per diem provided for veteran residents, nor for the additional State subsidy provided veteran residents in Assisted Living;

The admission of a qualifying spouse must be at no cost to the State of Maryland, except under the State's Medicaid program;

A qualifying spouse is to receive the same quality of care, appropriate to his or her needs;

A qualifying spouse may remain a resident of Charlotte Hall Veterans Home if the veteran spouse, who is also a resident, either dies or is discharged; and

A qualifying spouse who is discharged for medical reasons may be eligible for readmission, provided an admission application is filed within 60 days of the preceding discharge. A qualifying spouse who is discharged for non-medical reasons may not be eligible for readmission.

The Subcabinet shall consist of:

The Subcabinet shall consult with other State departments and agencies as needed and as appropriate.

The Secretary of State shall chair the Subcabinet and shall be responsible for the oversight, direction and accountability of the work of the Subcabinet.

The Governor shall designate a senior administrator in the Executive Branch to be responsible for implementation of this Executive Order and for supervision of assigned staff.

The Office of Intergovernmental and International Relations within the Office of the Secretary of State, the Office of Protocol within the Department of Transportation and the Office of International Business within the Department of Business and Economic Development shall provide the primary staff support necessary for the completion of the Subcabinet duties. The Governor or Chair may call upon any of the Subcabinet members to provide additional staff assistance as needed.

Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive Branch departments and agencies.

The Subcabinet shall meet at least once every quarter of the year. The staff of the Subcabinet shall meet at least monthly.

The Governor or the Chair may establish subcommittees as needed to carry out the work of the Subcabinet.

The Subcabinet shall have the responsibility to advise the Governor on matters of international affairs, coordinate State international activity and oversee the protocol functions of the State. The Subcabinet shall contribute to the economic development of the State by ensuring that all appropriate State agencies work in a cooperative, coordinated manner in planning, implementing, overseeing and evaluating the foreign affairs of the State.

The Subcabinet shall:

“Children's Cabinet” means the Children's Cabinet established by Executive Order 01.01.2005.34.

“Director” means the Director of the Office of the Independent Juvenile Services Monitor.

“Disciplinary action” means any punitive action against a child that results in more security, additional obligations, or less personal freedom.

“Department” means the Department of Juvenile Services.

“Executive Director” means the Executive Director of the Governor's Office for Children.

“Facility” means:

“Grievance” means a complaint made by a child or on behalf of a child due to a circumstance or action considered to be unjust. “Grievance” does not include an employee grievance, disciplinary appeal, or complaint.

“Independent Juvenile Services Monitor” means the Director of the Office of the Independent Juvenile Services Monitor and any individual designated by the Director to determine whether the needs of children under the jurisdiction of the Department are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.

“Office” means the Office of the Independent Juvenile Services Monitor.

“Secretary” means the Secretary of Juvenile Services.

The Office shall include a full-time Director and staff as provided in the State budget.

All salaries for the Director and independent juvenile justice monitors and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Office shall be as provided in the State budget.

In cooperation with the Secretary of Budget and Management, the Director shall set minimum salaries, qualifications, and standards of training and experience for positions with the Office.

The Office shall:

The Office may:

Knowledge of any problem regarding the care, supervision, and treatment of children in facilities;

Findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and

All other findings and actions related to the monitoring required under this Executive Order.

All activities of the Office;

Actions taken by the Department resulting from the findings and recommendations of the Independent Juvenile Services Monitor, including the Department's response; and

A summary of any violations of the standards and regulations of the Department that remain unabated for 30 days or more during the reporting period.

Membership. The Council shall consist of the following members:

The Executive Director of the Governor's Office for Children shall chair the Council and shall be responsible for the oversight, direction, and accountability of the work of the Council.

The Maryland State Department of Education and the Maryland Department of Human Resources shall provide the primary staff support necessary for the completion of the Council's duties.

The Council shall consult with other State departments and agencies as needed and as appropriate. All Executive departments and agencies shall cooperate with this Council.

Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive departments and agencies.

The Council shall meet at least once every calendar quarter.

The Chair may establish subcommittees as needed to carry out the work of the Council.

To develop a comprehensive, coordinated, and collaborative approach for the use of State and Federal resources to assist low-income families to secure child care through the Child Care Subsidy Program;

To ensure the State meets all standards and requirements associated with Federal Funds expended on, by, or through the Child Care Subsidy Program, including but not limited to universal engagement and work force participation rates of the Temporary Assistance for Needy Families (TANF) program;

To increase access by low-income families receiving child care subsidies to quality early care and education programs, thereby increasing the probability that their children are entering school ready to learn;

To promote the ongoing viability of the Child Care Subsidy Program and thereby maintain access to the program for low-income families; and

To ensure that the Child Care Subsidy Program continues to promote the transition of low-income families from public assistance to economic independence.

Oversee and govern the development and implementation of policies, procedures, and practices for the operation of the Child Care Subsidy Program pursuant to the stated objectives of the Council;

Oversee and govern the budget and fiscal management for the Child Care Subsidy Program, including establishing budget and funding priorities;

Develop a Child Care Subsidy Program three-year improvement plan, which shall set benchmarks, identify resources and funding, and establish timelines for the improvement of the sustainability, accessibility, quality, and accountability of the Child Care Subsidy Program;

Perform a comprehensive evaluation to determine the enrollment patterns of young children from the Child Care Subsidy Program clients in other State and local programs; and

Perform other duties and responsibilities as assigned by the Governor.

Voting Members.

Non-Voting Members. The following may serve in an advisory, non-voting capacity:

The Council shall meet at least four times annually.

A majority of voting members shall constitute a quorum for the transaction of any business before the Commission.

The Chairperson may establish committees and subcommittees and include representatives of interested public and private organizations on committees and subcommittees.

Members of the Council may not receive any compensation for their services. Voting members of the Council may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

General. The Council shall investigate and identify ways to improve the economic viability of the dairy industry in Maryland.

Specific. The Council shall:

Identify opportunities to consolidate various government functions into less square footage;

Identify owned or leased storage units, garages, and warehouses that are not essential to agencies' core missions;

Evaluate inventory levels and purchasing patterns to ensure that they align with the goal of minimizing space requirements;

Eliminate excess property, either through sale or disposal, that occupies valuable owned and leased space; and

Ensure that leased square footage office space is proportionate to each agency's current number of full time employees.

The Secretary of the Department of Disabilities or designee;

The State Superintendent of Education or designee, and the following additional representatives from the Maryland State Department of Education:

A representative of the Department of Juvenile Services;

A representative of the Department of Human Resources;

Two representatives of the Department of Health and Mental Hygiene, including:

Two representatives of the Department of Labor, Licensing, and Regulation, including:

The Executive Director of the Governor's Office for Children or designee;

A representative of the Maryland Technology Assistance Program;

Two representatives of the Maryland Higher Education Commission, one of whom shall be selected from the membership of the Maryland Disability Higher Education Network;

A representative of the Maryland Commission on Disabilities;

Up to six members with relevant interest or expertise appointed by the Governor. These individuals shall represent parents, advocacy organizations serving the disability community, service agencies in the public or private sector, and the general public. No more than one member shall represent the same agency. Every effort will be made to provide geographic and cultural diversity of the State. Members appointed under this provision shall serve at the pleasure of the Governor for up to two consecutive three-year terms; and

A student representative who has participated in the Maryland Youth Leadership Forum who is recommended by the Maryland State Department of Education and appointed by the Governor. The representative shall be a student between the ages of 14 and 21 years of age who meets the eligibility criteria of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act. A student appointed under this provision shall serve a one-year term.

The Assistant State Superintendent of the Division of Rehabilitation Services;

The representative from the Developmental Disabilities Administration;

The representative of the Mental Hygiene Administration; and

The Assistant State Superintendent of the Division of Special Education/Early Intervention Services.

Staffing. Staff support shall be provided by the Division of Rehabilitation Services of the Maryland State Department of Education.

Other Support. The Council may name additional consulting members or establish such committees as may be necessary or helpful in discharging its duties.

Meetings. The Council shall meet at least four times a year.

Compensation. Appointed members of the Council may not receive any compensation for their services, but they may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

Primary Responsibility. The primary responsibility of the Council shall be to annually review, revise, and update the Interagency State Plan for Transitioning Youth with Disabilities to ensure effective interagency planning and delivery of services for secondary students with disabilities. The Interagency State Plan for Transitioning Youth with Disabilities shall serve as the unifying link between child-serving systems and adult systems, and appropriate elements shall be incorporated into both the Department of Disabilities State Plan and the Governor's Office for Children's three-year plan. The Interagency State Plan will address:

Additional Responsibilities. Additional responsibilities of the Council include:

All personnel actions concerning any employee or applicant for employment in the Executive Branch will be taken on the basis of merit and fitness, and without regard to:

All personnel actions concerning any skilled, professional or management service employee and any special appointee designated by the Secretary of Budget and Management, or any applicant for employment in those services or in comparable positions in an independent personnel system in the Executive Branch, shall be without regard to political affiliation, belief or opinion.

Discrimination against or harassment of employees on the basis of any reason prohibited by law is not permitted.

Retaliation against any employee who opposes discrimination or participates in an EEO investigation is not permitted.

Retaliation against an individual because of their refusal to submit to a genetic test or make available the results of a genetic test is not permitted.

The Secretary of Budget and Management shall:

The head of each department or other independent unit in the Executive Branch shall, consistent with guidelines and regulations promulgated by the Secretary of Budget and Management:

Cabinet officials and other heads of departments or units are expected to lead by example in promoting fair employment practices and this Administration's policy of zero tolerance for employment discrimination.

It is the policy of this Administration that all complaints of discrimination or other unfair employment practices be thoroughly investigated and promptly resolved, as appropriate.

The Statewide EEO Coordinator shall monitor the compliance and effectiveness of each agency's EEO program and make recommendations for improvement.

The Secretary of Budget and Management shall develop and promulgate rules, regulations, and guidelines for the investigation and resolution of complaints of discrimination or other unfair employment practices which shall include, at a minimum:

No employee shall be harassed or otherwise retaliated against for filing a complaint of discrimination or other unfair employment practice, providing information in support of any such complaint or testifying, assisting or participating in any phase of an investigation of any unfair employment practice, or on the basis of his or her refusal to submit to a genetic test or make available the results of a genetic test.

Discrimination or retaliation complaints by Fair Practices Officers, Equal Employment Opportunity Officers, or EEO Office Directors shall be filed with the head of the unit or their designee and may be appealed to the statewide EEO Coordinator's Office.

In accordance with the requirements of applicable federal and State law governing equal employment opportunity, the State Personnel and Pensions Article, and this Executive Order, all heads of departments and units in the Executive Branch shall cooperate fully with the Maryland Commission on Human Relations, the United States Equal Employment Opportunity Commission and any other federal or State agency investigating discrimination and duly comply with any validly adopted rules, regulations, and orders for effectuating the State's policies against discrimination and resolving complaints of discrimination.

Every attempt shall be made to resolve complaints of discrimination within a department or unit; however, employees who file complaints of discrimination with agency Fair Practices Officers or Equal Employment Opportunity Officers shall be advised of their right to file a complaint with the Maryland Commission on Human Relations and the United States Equal Employment Opportunity Commission.

The Secretary of Budget and Management shall establish guidelines which provide for agency participation in mediation or arbitration of employee complaints of discriminatory or unfair employment practices.

If an employee of the Maryland Commission on Human Relations files a complaint of discrimination against a State agency, the Governor shall appoint an individual to perform the functions usually performed by the Commission.

Any employee of the State who violates the laws of this State pertaining to equal employment opportunity, this Executive Order or guidelines, rules and regulations promulgated pursuant thereto, will be subject to disciplinary action, up to and including dismissal from employment with the State.

In performing services to the public, employees of this State will not discriminate against the public or individuals for any reason prohibited by law, nor shall they authorize the use of State facilities in the furtherance of any unlawfully discriminatory purpose or by any organization which unlawfully discriminates in its membership or policies.

Reasonable accommodation shall be provided for all qualified applicants for employment and State employees with disabilities, consistent with the requirements of federal and State law.

Meetings, hearings, and employment tests shall be conducted in an accessible manner and location, as required by federal and State law.

No employee shall be retaliated against for seeking a reasonable accommodation for a disability.

Managers and Supervisors shall receive training concerning reasonable accommodations for disabilities.

The head of each principal department or unit in the Executive Branch shall, by October 15 of each year, or as otherwise requested, submit to the Secretary of Budget and Management an annual report of activities taken in the previous fiscal year to effectuate this Code of Fair Employment Practices. The report shall contain the information required by the Secretary of Budget and Management in a form consistent with the guidelines issued by the Secretary of Budget and Management.

The Secretary of Budget and Management shall, by January 1 of each year, submit to the Governor an annual report on statewide equal employment opportunity practices. The Secretary of Budget and Management shall provide copies of the report to each department and unit, the General Assembly, and the Maryland Commission on Human Relations.

The Secretary of Budget and Management shall publish the policies of this State with regard to its fair employment practices and make copies of the publication available to all agencies.

Consistent with the requirements of federal and State law, the Secretary shall authorize an appropriate notice of State fair employment practices and the manner in which the notice is to be posted.

The heads of departments and units shall procure the publication and notice required by this Executive Order, furnish copies of the publication to all managers and supervisors and make it available to employees, and post the notice in the locations and manner required by the Secretary of Budget and Management.

The Secretary of Natural Resources, or the Secretary's designee;

The Superintendent of the State Department of Education, or the Superintendent's designee;

One representative of the Chesapeake Bay Trust;

Two representatives of non-profit organizations dedicated to environmental education;

One representative of the Maryland Association for Environmental and Outdoor Education;

One representative of a Parent Teacher Organization

Two representatives of local governments that have demonstrated leadership in sustainable development practices;

One representative (teacher or principal) from a Maryland Green School that has completed a Schoolyard Habitat project;

One outdoor school principal;

One school superintendent;

One environmental education teacher;

Two representatives of urban youth-based organizations;

One representative of the Maryland Recreation and Parks Association;

One representative of the pediatric medical field;

A former member of the Task Force on Minority Participation in the Environmental Community;

Two representatives of the business community with demonstrated leadership in supporting children in nature; and

One representative of the National Wildlife Federation.

Develop and implement a plan to provide youth with structured and unstructured opportunities for play, outdoor recreation, learning and scientific study to include:

Develop and implement a State Environmental Literacy Plan to include:

Devise a method of measuring baseline data and increased time spent in nature by children;

Identify opportunities and barriers to support implementation of programs in local school systems and on public lands; and

Present these plans and a status report on their implementation to the Governor by January 1, 2009.

The Council shall have no more than 25 members consisting of:

Members appointed by the Governor under B(1)(o) serve at the will of the Governor, and shall serve 3-year terms, staggered upon initial appointment. All other members shall serve so long as they hold the office or designation stipulated in B(1)(a) through (n).

To the extent possible, the membership shall include representation from each of the major geographic regions of the State.

Members of the Council may not receive any compensation for their services, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.

If a member appointed by the Governor fails to attend more than half of the regularly scheduled meetings in one year, the member may be presumed to have resigned and the Governor may appoint a new member to fill out the remainder of the term.

The Council shall meet at least two times per year.

A majority of the Council's membership shall constitute a quorum for the transaction of any business.

The Council may adopt rules consistent with this Executive Order, including the creation of subcommittees to carry out the Council's responsibilities.

The Council may hold public hearings as deemed necessary and appropriate by the Chair.

Advise the Governor through the Executive Director of the Governor's Office of Crime Control and Prevention on matters related to family violence.

Identify and analyze State policies and programs relating to family violence, including but not limited to:

Examine, or cause to be examined, the relationship between family violence and other societal problems, including but not limited to juvenile delinquency, alcohol and substance abuse, truancy, and future criminal activity.

Identify best practices, research, and information pertaining to abuser intervention and related programs.

Propose to the Governor, through the Executive Director of the Governor's Office of Crime Control and Prevention, legislative, regulatory, and policy changes to reduce and prevent the incidence of domestic violence and related family violence, to protect victims and to punish perpetrators.

Perform such other duties and functions as may be appropriate and necessary for the Council to address and implement the provisions of this Executive Order.

The Governor's Office of Crime Control and Prevention shall provide staff for the Council.

The Council may request and shall receive in a timely manner from any department, division, board, bureau, commission, or agency of the State such information and assistance as necessary to enable it to properly carry out its powers pursuant to this Executive Order, unless otherwise prohibited by law.

The Council shall be funded by operating budgets of the Executive Department, and any federal funds or special State funds available, unless otherwise prohibited by law or regulation.

Review and recommend new policies and practices to expedite immigrant integration into the economic and civic life of the State;

Provide a Maryland Council for New Americans report and recommendations no later than nine months after the date of this Executive Order; and

Perform any other duties that may be requested by the Governor.

The following members or their designees, shall be ex-officio members:

The following members shall be appointed by the Governor, and shall serve at the pleasure of the Governor for up to two consecutive four year terms:

The Speaker of the Maryland House of Delegates shall appoint two members from among the members of the House.

The President of the Maryland Senate shall appoint two members from among the members of the Senate.

Members of the Council may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

In the event of a vacancy on the Commission, the Governor shall appoint a successor.

State government representatives shall not constitute a majority of members.

The Secretary of the Department of Labor, Licensing and Regulation and the County Executive member shall co-chair the Council.

There shall be an Executive Committee of the Council, which shall consist of the Secretary of the Department of Business and Economic Development or the Secretary's designee; the Secretary of the Department of Planning or the Secretary's designee; the Executive Director of the Governor's Office of Community Initiatives or the Director's designee; and the Executive Director of the Governor's Workforce Investment Board or the Director's designee.

The Council shall meet at the call of the Chairs.

A majority of Council members shall constitute a quorum for the transaction of any business.

The Council may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

Workforce Working Group. The Workforce Working Group will focus on helping to address the State's workforce shortage by examining credential transfer, training, and the attraction of key workers to create the region's most competitive workforce; examining the role of “One Stop” employment centers in streamlining the economic integration of new Americans; and identifying best practices that expedite English as a second language, both for children in the public school system and for working adults.

Citizenship Working Group. The Citizenship Working Group will plan a broad, coordinated citizenship promotion and assistance program to naturalize Maryland's estimated 175,000 legal permanent residents who are eligible for naturalization at a faster pace.

Governmental Access Working Group. The Governmental Access Working Group will focus on how to improve accessibility of State and local government services to new Americans. This will include an assessment of resources necessary for compliance with Limited English Proficiency (LEP) requirements; an assessment of the availability of vital documents in other languages; and identifying best practices at the county, community, and municipal levels. This group is also charged with developing specific government wide StateStat measures to track capacity to serve these communities.

Financial Services Working Group. The Financial Services Working Group will examine strategies for increasing immigrants' access to mainstream financial services, stable homeownership, and family financial planning.

Each Secretary or Head of an Executive Branch agency shall identify and task an appropriate individual to implement the Program within the agency.

Each Executive Branch agency shall:

The Department of Budget and Management shall, subject to applicable legal requirements, issue a hands-free cell use policy for drivers of State vehicles. The policy shall prohibit hand-held cell phone use while driving, except in cases of emergency. The policy shall not apply to law enforcement officers or operators of authorized emergency vehicles.

The State Fleet Safety Committee, in conjunction with the State Highway Administration, shall provide guidance to Executive Branch agencies on implementation of the Program.

The State Highway Administration shall identify and provide appropriate relevant information and materials to the Committee for review and distribution to Executive Branch agencies in support of the Program.

Each Executive Branch agency shall designate appropriate personnel: to coordinate with the State Fleet Safety Committee and the State Highway Administration regarding the implementation of the Program; and to support the distribution and communication of the information and materials described in Section C(2).

The Secretary of Labor, Licensing and Regulation or the Secretary's designee;

The Attorney General or the Attorney General's designee;

The Comptroller or the Comptroller's designee;

The Chair of the Workers' Compensation Commission or the Chair's designee;

The Insurance Commissioner or the Commissioner's designee;

The Commissioner of Labor and Industry or the Commissioner's designee; and

The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary's designee.

To facilitate among Task Force members the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law;

To pool, focus, and target investigative and enforcement resources;

To assess existing methods and best practices, in both Maryland and other jurisdictions, with respect to workplace fraud prevention and enforcement, and to recommend that participating agencies adopt appropriate measures to improve their prevention and enforcement efforts;

To develop strategies for systematic investigations of workplace fraud within those industries in which misclassification is most common;

To identify and facilitate the filing of complaints against potential violators, including soliciting referrals and other relevant information from the public through the development of an education and outreach campaign;

To identify significant cases of workplace fraud which should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;

To establish protocols, consistent with applicable law, through which individual Task Force agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;

To establish referral procedures and solicit the cooperation and participation of local state's attorneys and other relevant agencies, where appropriate;

To coordinate efforts with federal agencies;

To work cooperatively with business, labor, and community groups interested in reducing workplace fraud by:

To increase public awareness that employee misclassification is illegal and causes harm;

To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.

Describe the record and accomplishments of the participating agencies of the Task Force, including the amounts of wages, premiums, taxes, and other payments or penalties collected, as well as the number of employers cited for legal violations related to workplace fraud and the approximate number of employees affected;

Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;

Propose, after consultation with representatives of business, organized labor, members of the General Assembly, and other affected agencies, appropriate administrative, legislative, or regulatory changes to:

Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.

“Fixed guideway transit station” means a passenger boarding and alighting location of a public transportation facility using and occupying a dedicated right-of-way or rail for the use of public transportation and other high occupancy vehicles.

“Transit-accessible site” means property, any part of which is located within one-half mile of a planned or existing fixed guideway transit station.

“Transit-oriented development” has the meaning defined under Section 7-101 of the Transportation Article of the Annotated Code of Maryland.

“Transit evaluation factor” means the evaluation points or weight given in a State lease or property acquisition solicitation to proposed sites located within a transit-accessible site or transit-oriented development.

This paragraph C applies to all new lease procurements and property acquisition proposals for more than 5,000 square feet of office space, laboratory space, or a combination of both, that are submitted to the Board of Public Works (BPW) by the Department of General Services (DGS) or the Maryland Department of Transportation (MDOT), its modal administrations and the Maryland Transportation Authority. It does not apply to proposals to renew or extend existing leases of space.

Except as provided herein, DGS and MDOT shall include a transit evaluation factor in all requests for proposals to lease or purchase office or laboratory space (solicitations) in the manner described below.

Membership. The Commission consists of the following voting members:

The members identified in Sections B(c) through (u) shall be appointed by the Governor, and shall serve at the pleasure of the Governor.

Members appointed by the Governor may serve up to two consecutive, three-year terms.

The Governor shall designate the Chair from among the members.

In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.

Members of the Commission may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

The Commission will be staffed by the Mental Hygiene Administration of the Department of Health and Mental Hygiene.

The majority of voting members of the Commission shall constitute a quorum for the transaction of any business.

The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.

The Chair may, with the consent of the Commission, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee or task force.

The Commission may consult with State agencies to obtain such technical assistance and advice as it deems necessary to complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities.

The Commission shall meet at least four times a year.

To develop a comprehensive, coordinated, and strategic plan for suicide prevention, intervention, and post-suicide services across the State for individuals and their families;

To develop a comprehensive baseline listing of existing support systems for survivors, attempters, and their families;

To promote a coordinated, collaborative, and comprehensive effort by local and State agencies to ensure effective and efficient use of State and local resources for the delivery of a continuum of suicide prevention, intervention, and post-suicide services for Maryland citizens;

To recommend adequate resources to address suicide prevention, intervention, and post-suicide service needs of Maryland citizens, including citizens involved in the criminal justice system; and

To identify and review the impact of suicide on the health and well-being of Maryland citizens; the economic and social costs of suicide; and effective and efficient practices in the organization and delivery of State and local suicide prevention, evaluation, and treatment services.

The Commission shall prepare a 2-year plan that establishes priorities and strategies for the organization, delivery, and funding of State suicide prevention, intervention and post-suicide services.

The Commission shall develop the plan taking into account, among other factors:

The plan shall include recommendations for coordination and collaboration among State agencies in the organization, delivery, and funding of suicide prevention, intervention, and post-suicide services; promising practices and programs; training; and emerging needs for State suicide prevention, intervention, and post-suicide services.

The plan shall be submitted to the Governor by June 1, 2011 and biannually thereafter. Any interim updates to the plan also shall be submitted to the Governor.

The State Superintendent of Schools;

A Superintendent of a school district with a high concentration of military children;

A representative of a military installation;

A representative of the Executive Branch;

A representative of a military family;

A representative of school based personnel responsible for managing the transition of military children into and out of the school system;

One member of the Maryland Senate, appointed by the President of the Senate;

One member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates; and

Representatives of other offices and stakeholder groups the Council deems appropriate.

The Compact Commissioner responsible for the administration and management of the State's participation in the Compact, and the Military Family Education Liaison are ex officio, voting members of the Council and serve at the pleasure of their appointing authority.

Transfer of records;

Course sequencing;

Graduation requirements;

Extra-curricular activities;

Kindergarten and first grade entrance age;

Immunization; and

Power of custodial parents while parents are deployed.

The recommendations and plan shall be submitted to the Governor by January 12, 2011 and biannually thereafter. Any interim updates to the recommendations and plan also shall be submitted to the Governor.

The term “agency” means an executive department, agency or office of the State of Maryland.

The term “transportation-disadvantaged” means a person who qualifies for federally conducted or federally assisted transportation-related programs or services, as implemented and coordinated by a Maryland State agency, due to disability, income, or advanced age. This term is directly connected with the definition provided in the Presidential Executive Order on Human Services Transportation Coordination dated February 24, 2004 and mirrors any subsequent federal interpretation of the definition.

The Committee shall consist of the following members:

The members of the Committee named in (C )(1)(a) through (l) shall serve so long as they hold the office or designation specified in this Executive Order. All other members shall serve at the pleasure of the Governor.

The members of the Committee may not receive any compensation for their services. The members may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.

Staff for the Committee will be provided by the Department of Transportation.

Examine the transportation needs of citizens who are elderly, who have disabilities, and individuals requiring transportation to access jobs, medical and health appointments, senior citizens programs and other programs requiring the transportation of individuals who qualify as transportation-disadvantaged;

Coordinate Maryland's efforts to provide quality human services transportation services by working with appropriate federal, State and local agencies, transit customers and transportation providers to develop a cooperative, coordinated, and human services transportation system;

Devise a five-year human services transportation plan, which sets goals and objectives to help transportation-disadvantaged citizens access jobs, education and training programs, healthcare services and other activities by providing cost-effective, affordable, high capacity, high quality, easily understood, safe and accessible transportation; and

Serve as the clearinghouse for human services transportation coordination issues throughout the State of Maryland, identify and facilitate a resolution to local and statewide issues regarding human services transportation, participate in the identification of possible allocations of human services transportation resources during emergency evacuations, evaluate cost-saving measures, investigate the need for the establishment of standards for vehicles and drivers within the human services transportation program, and examine other appropriate areas that facilitate the development of a quality human services transportation system in Maryland.

The Governor’s Commission consists of up to 21 members appointed by the Governor.

The Chairperson shall be the Maryland Secretary of Veterans Affairs.

The Secretary of Veterans Affairs may appoint subcommittees to carry out the work of the commission.

The Governor may remove any member of the Commission for any cause adversely affecting the member’s ability or willingness to perform his or her duties.

The Secretary of Veterans Affairs may remove any member of a subcommittee for any cause adversely affecting the member’s ability or willingness to perform his or her duties.

In the event of a vacancy on the Commission, the Governor shall appoint a successor for the remainder of the life of the Commission.

In the event of a vacancy on a subcommittee, the Secretary of Veterans Affairs shall appoint a successor for the remainder of the life of the subcommittee.

A majority of the Commission shall constitute a quorum for the transaction of any Commission business. In any subcommittee, a majority shall constitute a quorum for the transaction of any subcommittee business. The Commission and the subcommittees may adopt such other procedures necessary to ensure the orderly transaction of business.

The members of the Commission and the subcommittees may not receive compensation for their services.

The Commission shall undertake an inventory of Maryland military monuments, which shall include the following information:

The Commission shall make a determination as to the cost of restoration of each monument which is in need of repairs.

The Commission shall assign responsibility for ongoing maintenance of each monument.

The Commission shall procure sufficient funds for the restoration of the monuments.

The Commission shall prepare education and tourism materials for public distribution.

The Secretary of Health and Mental Hygiene (Secretary); and

Fourteen additional members, to be appointed by the Governor, of which at least twelve shall be representative of the following groups:

The gender, racial, and ethnic diversity of the State; and

The geographic regions of the State.

The term of a member of the Council shall be three years;

The terms of members appointed by the Governor are staggered, as provided in subsection L;

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

May not serve more than two consecutive full terms; and

Serves at the pleasure of the Governor.

Four members in 2012;

Five members in 2013; and

Five members in 2014.

Coordinate and facilitate collaboration on health care quality improvement and cost containment initiatives among:

Develop and implement strategies that will improve the quality and cost-effectiveness of care for individuals with chronic illnesses and at risk of chronic illness, and that are workable and effective for minority communities, recognizing cultural and linguistic differences;

Provide updates on health care quality and cost containment initiatives and priorities to the Governor and General Assembly, the Health Care Reform Coordinating Council, State and local governmental entities, professional boards, industry groups, consumers, and other public and private stakeholders;

Appoint a workgroup to explore and develop health care strategies and initiatives, including financial, performance-based incentives, to reduce and eliminate health disparities, and make recommendations regarding the development and implementation of those strategies. The initiatives should seek to:

Support ongoing efforts to expand the use of health information technology in health care systems;

Seek to leverage opportunities for demonstration and ongoing projects, federal grant funding, and other initiatives to improve quality and contain costs made available by the Affordable Care Act;

Assess options and make recommendations regarding strategies for collecting and disseminating patient-centered outcomes research to develop and promote evidence-based practices among health care providers in the State;

Examine and make recommendations on other issues relating generally to the mission of the Council to improve health care quality and contain health care costs; and

Consider and recommend State public policy strategies for improving health and reducing cost.

Adopt bylaws, rules, policies, or procedures to conduct business and carry out the purposes of the Council;

Establish workgroups, committees, or task forces;

Designate additional individuals with relevant expertise to serve on the workgroups, committees, or task forces; and

Consult with other units of State and local government to carry out the duties of the Council.