State Agencies
Responsibilities of Agencies
State law requires Executive Branch agencies to report to the General Assembly on specified activities, services, and trends. In 2014, the Department of Legislative Services (DLS) conducted a review of the mandated reports to identify requirements that have become obsolete, duplicative, impractical, inefficient, or otherwise unnecessary. As a direct result of that effort, House Bill 67 (Ch. 58) repeals specified reporting requirements that DLS determined to be unnecessary and consolidates, reschedules, and clarifies specified reporting requirements for the purposes of efficiency and practicality. Additionally, the Act requires DLS to conduct quadrennial reviews of statutory reporting requirements and make recommendations to the General Assembly for their repeal or modification.
Chapter 69 of 2014 established the Council on Open Data to promote the State’s policy that open data be machine readable and released to the public in ways that make the data easily accessible and usable. In its January 2015 report, the council made several findings regarding the automated mapping-geographic information system (GIS) law and its current practical effects, essentially concluding that the law is inconsistent with the intent of the State’s newly enacted open data policy. Senate Bill 94/House Bill 353 (both passed) generally implement legislation recommended by the council. The bills authorize a governmental unit to adopt an additional fee of no more than $50 to cover the cost of providing system products and repeal the authority of governmental units to adopt a fee structure for providing GIS services and sell GIS services to the general public for a fee reflecting the cost of providing the services. Also, the bills repeal the provision of law that provides that only a person who contracts with a governmental unit may have online access to the geographic data in a system under the terms of the contract.
The Strategic Energy Investment Fund (SEIF), primarily funded through the proceeds from the auction of carbon allowances to power plants and other market participants under the Regional
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recipient of each grant awarded by the administration from SEIF be included in the annual report the administration is required to submit to the Governor and General Assembly on the uses and expenditures of SEIF.
Commissions, Councils, and Task Forces
In February 2014, President Obama’s Executive Order 13636 directed the Secretary of Commerce to enlist the National Institute of Standards and Technology (NIST) in developing a framework to address the risks of cyber attacks on critical infrastructure. Senate Bill 542 (passed) establishes the Maryland Cybersecurity Council. The council is tasked with working with NIST, as well as other federal agencies, private-sector businesses, and private cybersecurity experts to (1) for certain critical infrastructure, identify local infrastructure sectors that are at greatest risk of cyber attacks; (2) use federal guidance to identify categories of critical infrastructure as critical cyber infrastructure; (3) assist certain infrastructure entities in complying with federal cybersecurity guidance; (4) assist private-sector cybersecurity businesses in adopting and implementing NIST cybersecurity framework of standards and practices; (5) examine inconsistencies between State and federal laws regarding cybersecurity; (6) recommend a comprehensive State strategic plan to respond to and recover from cybersecurity attacks; and (7) recommend any legislative changes considered necessary by the council to address cybersecurity issues. The council must report on its activities to the General Assembly on or before July 1, 2016, and every two years thereafter beginning July 1, 2017.
Senate Bill 174 (passed) repeals and replaces the Maryland Advisory Council on Mental Hygiene and the State Drug and Alcohol Abuse Council with the Behavioral Health Advisory Council in the Office of the Governor. The new advisory council is tasked with promoting and advocating for the enhancement of behavioral health services across the State for individuals who have behavioral health disorders and their family members. For a more detailed discussion of Senate Bill 174 see the subpart “Public Health – Generally” within Part J – Health and Human Services of this 90 Day Report.
The Education and Workforce Training Coordinating Council for Correctional Institutions was established by Chapter 134 of 2008, which transferred responsibility for adult education and literacy services and correctional services education from the Maryland State Department of Education to the Department of Labor, Licensing, and Regulation. House Bill 1244 (Ch. 123) changes the name of the Education and Workforce Training Coordinating Council for Correctional Institutions to the Correctional Education Council.
Senate Bill 403/House Bill 375 (both passed) replace the Maryland School-Based Health Center Policy Advisory Council at the Maryland State Department of Education with the Maryland Council on Advancement of School-Based Health Centers. The purpose of the council is to improve the health and educational outcomes of students who receive services from school-based
and testing. For a more detailed discussion of Senate Bill 403/House Bill 375 and Senate Bill 497/House Bill 452 see the subpart “Education – Primary and Secondary” within Part L – Education of this 90 Day Report.
Senate Bill 258/House Bill 514 (both passed) establish the Commission on Climate Change within the Maryland Department of the Environment to advise the Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt to the consequences of climate change. For a more detailed discussion of Senate Bill 258/House Bill 514, see the subpart “Environment” within Part K – Natural Resources, Environment, and Agriculture of this 90 Day Report.
The Crownsville Hospital Center opened in the early 1900s and served as a State-run psychiatric hospital until it was closed in June 2004. The hospital campus includes the Crownsville Hospital Cemetery, an area which the Legislative Black Caucus and concerned local residents hope can be memorialized to honor former patients who are buried there. Due to the size and historical significance of the Crownsville Hospital Center, the Maryland Department of Planning has been involved in the disposition process of the property. House Bill 27 (passed) establishes the Task Force on the Disposition of the Crownsville Hospital Center Property to study and make recommendations on the sale, transfer, or other disposition of the property. The task force must report its findings and recommendations to the Governor, the General Assembly, specified State agencies, and the Anne Arundel County Executive by January 1, 2016.
Chapter 278 of 2010 established the African American Heritage Preservation Program, a capital grant program jointly administered by the Commission on African American History and Culture and the Maryland Historical Trust within the Maryland Department of Planning. The purpose of the program is to identify and preserve buildings, communities, and sites of historical and cultural importance to the African American experience in Maryland. The program will terminate in May 31, 2015. Senate Bill 601/House Bill 130 (both passed) reestablish and make permanent the program and make several alterations to the program. The significant changes to the program include (1) the creation of the African American Heritage Preservation Program Grant Fund and (2) the creation of procedures and requirements for the award of emergency grants.
Additionally, for each fiscal year, the Governor must include in the annual operating or capital budget an appropriation of $1.0 million to the African American Heritage Preservation Grant Fund.
Public Information Act
The Public Information Act (PIA) grants the public a broad right of access to records that are in the possession of State and local government agencies. The PIA’s basic mandate is to enable people to have access to government records without unnecessary cost or delay. Custodians have a responsibility to provide such access unless the requested records fall within one of the exemptions in the statute. Senate Bill 695/House Bill 755 (both passed) create the State Public
alleging that a custodian of public records charged an unreasonable fee of more than $350;
(2) issuing written opinions as to whether a violation has occurred; and (3) if the board finds that a violation has occurred, ordering the custodian to reduce the fee to an amount determined by the board to be reasonable and refund the difference. The board must also study ongoing compliance with the PIA by custodians and make recommendations to the General Assembly for improvements to the PIA. The bills also establish processes for a person to file a complaint with the board and for the handling of a complaint by the board, as well as reporting requirements.
Additionally, complainants and custodians are authorized to appeal decisions of the board to the circuit court.
The ombudsman, who is appointed by the Attorney General, is charged with resolving disputes between applicants and custodians over requests for public records, including redactions, the application of exemptions, timeliness of production of a records, repetitive requests, and fee waivers. When resolving disputes, the ombudsman is prohibited from compelling a custodian to disclose public records or redacted information to the ombudsman or an applicant or, except under certain circumstances, disclosing information received from an applicant or custodian without written consent from the applicant or custodian.
Senate Bill 695/House Bill 755 also require a custodian to provide specified written notice to an applicant if inspection is denied or if more than 10 working days is needed to produce a record. Furthermore, the bills modify provisions regarding fees charged for producing a public record so that staff and attorney review costs included in the calculation of actual costs are prorated for each individual’s actual time attributable to the search and preparation of the record. Finally, the bills authorize a custodian to waive fees for indigent applicants.
The General Provisions Article Review Committee noted in the annotations to the newly codified 2014 General Provisions Article that the provision allowing a custodian to maintain a list of records designated as immediately available upon request was likely meant to be a mandatory requirement, rather than merely authorizing. The committee also noted that the provision that temporarily restricts the ability to copy a judgment appears to be inconsistent with the Maryland Rules of Procedure. Accordingly, Senate Bill 444/House Bill 83 (both passed) require an official custodian to designate, rather than to consider whether to designate, types of public records of the governmental unit that are to be made available to any applicant immediately on request and to maintain a current list of the types of public records that have been so designated. Senate Bill 444/House Bill 83 also repeal the requirement that an applicant may not have a copy of a judgment until the time for appeal expires or the appeal is dismissed or adjudicated.
Senate Bill 852/House Bill 674 (both passed) require each governmental unit that maintains public records to (1) identify a representative who a member of the public may contact to request a public record; (2) maintain and publish specified contact information in a user-friendly format on the governmental unit’s website or, if the governmental unit does not have a website,