§ 8-306

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§8–306.

(1)In this section the following words have the meanings indicated.

(i)“Change the use, purpose, or function” means an abrupt and material change in the type of clients or incarcerated individuals served in a facility, the licensed purpose of a facility, or the principal activities carried out within a facility.

(ii)“Change the use, purpose, or function” does not mean a gradual change in clients, incarcerated individuals, or activities due to societal trends or needs.

(iii)“Change the use, purpose, or function” does not include closing a State facility.

(3)“Close a State facility” means to cease, discontinue, or substantially eliminate activities carried out within the State facility.

(4)“Exclusive representative” has the meaning stated in § 3–101 of the State Personnel and Pensions Article.

(i)“Public hearing” means an informational hearing, the sole purpose of which is to obtain public comment and answer public questions.

(ii)“Public hearing” does not mean a contested case hearing under Title 10, Subtitle 2 of this article.

(6)“State facility” means:

(i)a facility that is owned, leased, or operated by the State for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals; or

(ii)a facility to which 25 or more State employees are regularly assigned.

(1)A principal department of the Executive Branch of the State government may not change the use, purpose, or function of a State facility without complying with the requirements of subsection

(c)of this section.

(2)A principal department of the Executive Branch of the State government may not close a State facility without complying with the requirements of subsection

(d)of this section.

(1)Subject to paragraph

(3)of this subsection, before a principal department changes the use, purpose, or function of a State facility, the principal department shall:

(i)hold a public hearing; and

(ii)at least 90 days before the public hearing, give notice to:

1. the public, on the principal department’s website and by press release;

2. any member of the General Assembly in whose district the State facility is located, by e–mail and certified mail; and

3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.

(2)The principal department shall, at least 30 days before the public hearing, give notice of the hearing:

(i)to the public, on the principal department’s website and by press release;

(ii)to each member of the General Assembly in whose district the facility is located, by e–mail and certified mail; and

(iii)to any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.

(3)If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.

(1)Subject to paragraph

(3)of this subsection, before a principal department closes a State facility, the principal department shall:

(i)hold a public hearing;

(ii)at least 180 days before the public hearing, give notice to:

1. the public, on the department’s website and by press release;

2. each member of the General Assembly representing the district in which the State facility is located, by e–mail and certified mail; and

3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail;

(iii)submit a report explaining the closure to the Governor and, in accordance with § 2–1257 of the State Government Article:

1. the Senate Finance Committee;

2. the Senate Budget and Taxation Committee;

3. the House Health and Government Operations Committee; and

4. the House Appropriations Committee;

(iv)at least 270 days before holding the public hearing, make the report required by this paragraph publicly available; and

(v)at least 90 days before holding the public hearing, allow each exclusive representative and a committee listed under item

(iii)of this paragraph that receives the report required by this subsection to submit comments on the report.

(2)The report required under paragraph (1)(iii) of this subsection shall address:

(i)the reasons for the closure;

(ii)the plan for continuing or discontinuing the State facility’s operations;

(iii)the anticipated budgetary impact of the closure;

(iv)any plans for assisting State employees affected by the closure in finding other employment;

(v)any plans for assisting the patients, incarcerated individuals, or residents affected by the closure; and

(vi)any plans for the State facility after the closure.

(1)Before a principal department leases or purchases land, buildings, or office space to be used for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals, the principal department shall give written notice of the proposed use of the land, buildings, or office space to each member of the General Assembly in whose legislative district the property is located.

(i)A member of the General Assembly may request that the department hold a public hearing on the proposed use.

(ii)The department on whose behalf the property is being procured or leased shall hold a public hearing on the proposed use upon the request of a member of the General Assembly.

(iii)The department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.

(1)If, after a principal department ceases its use of a State facility, the principal department or any other principal department plans to recommence operation of the facility as a State facility, and the proposed operation of the facility would change its use, purpose, or function, the principal department shall hold a public hearing on the proposed operation.

(2)The principal department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.

(g)Nothing in this section shall be construed to alter or diminish an exclusive representative’s right to bargain.