Maryland 2022 Regular Session

Maryland House Bill HB334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0334
6	6
7	7	HOUSE BILL 334
8	8	F3 EMERGENCY BILL 2lr0924
9	9
10	10	By: Delegate Impallaria
11	11	Introduced and read first time: January 19, 2022
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Harford County Board of Education – Alterations, Vacancy Procedures, and 2
19	19	Funding for Independent Positions 3
20	20
21	21	FOR the purpose of altering the number of appointed members on the Harford County 4
22	22	Board of Education, the appointment procedures, the beginning date and length of a 5
23	23	term, and the matters on which the appointed member is authorized to vote; 6
24	24	requiring the county board to fill a vacancy of an elected or appointed member on the 7
25	25	county board in a certain manner; altering the length of the initial terms of certain 8
26	26	elected members on the county board; requiring the Harford County government to 9
27	27	make a certain appropriation in the county budget for the county board beginning in 10
28	28	a certain fiscal year; increasing the annual stipend to which a nonstudent member 11
29	29	of the county board is entitled; and generally relating to the Harford County Board 12
30	30	of Education. 13
31	31
32	32	BY repealing and reenacting, with amendments, 14
33	33	Article – Education 15
34	34	Section 3–6A–01 and 3–6A–04 16
35	35	Annotated Code of Maryland 17
36	36	(2018 Replacement Volume and 2021 Supplement) 18
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
39	39	That the Laws of Maryland read as follows: 20
40	40
41	41	Article – Education 21
42	42
43	43	3–6A–01. 22
44	44
45	45	(a) (1) In this subtitle, “elected member” means a voting member elected under 23
46	46	subsection (d) or (e) of this section or a member appointed to an elected position on the 24
47	47	Harford County Board of Education under subsection [(f)(1)] (F) of this section. 25 2 HOUSE BILL 334
48	48
49	49
50	50
51	51	(2) “Elected member” does not include a: 1
52	52
53	53	(i) County superintendent of schools serving as an ex officio member 2
54	54	of the county board; or 3
55	55
56	56	(ii) Student member selected under subsection (g) of this section. 4
57	57
58	58	(b) The county board consists of: 5
59	59
60	60	(1) Six elected members; 6
61	61
62	62	(2) [Three] ONE appointed [members] MEMBER; 7
63	63
64	64	(3) The county superintendent of schools, who is an ex officio nonvoting 8
65	65	member; and 9
66	66
67	67	(4) One student member. 10
68	68
69	69	(c) (1) (i) A member from a councilmanic district shall be a resident of that 11
70	70	district. 12
71	71
72	72	(ii) A member from a councilmanic district who no longer resides in 13
73	73	that district may not continue as a member of the county board. 14
74	74
75	75	(2) A member of the county board shall be a registered voter of the county 15
76	76	for at least 3 years prior to the date of the beginning of the term of office of the member. 16
77	77
78	78	(d) (1) Of the [nine] SEVEN voting members of the county board elected or 17
79	79	appointed under this subsection: 18
80	80
81	81	(i) One member shall be elected from each of the six councilmanic 19
82	82	districts only by the voters of that councilmanic district; and 20
83	83
84	84	(ii) [Three members] ONE MEMBER shall be appointed by the 21
85	85	[Governor] COUNTY EXECUTIVE. 22
86	86
87	87	(2) The elected members shall be elected at a general election as required 23
88	88	by subsection (e) of this section. 24
89	89
90	90	(3) The appointed [members] MEMBER shall be appointed[, when 25
91	91	appropriate,] within [90] 30 days of [the] EACH general election. 26
92	92
93	93	(e) (1) An elected member serves for a term of 4 years beginning on the first 27
94	94	Monday in December after the election of the member and until a successor is elected and 28
95	95	qualifies. 29 HOUSE BILL 334 3
96	96
97	97
98	98
99	99	(2) [An] THE appointed member serves for a term of [4] 2 years beginning 1
100	100	[July] JANUARY 1 after the appointment of the member and until a successor is appointed 2
101	101	and qualifies. 3
102	102
103	103	(3) (i) Unless otherwise disqualified under this section, a member of the 4
104	104	county board is eligible for reelection or reappointment. 5
105	105
106	106	(ii) A voting elected member or an appointed member may not serve 6
107	107	for more than two consecutive terms as a voting member. 7
108	108
109	109	(4) The Harford County Board of Elections may adopt regulations to 8
110	110	implement this subsection. 9
111	111
112	112	(f) (1) [The Harford County Council shall appoint] THE MEMBERS OF THE 10
113	113	COUNTY BOARD SHALL S ELECT a qualified individual to fill any vacancy of an elected OR 11
114	114	APPOINTED member on the county board for the remainder of the term and until a 12
115	115	successor is elected OR APPOINTED and qualifies. 13
116	116
117	117	[(2) The Governor shall appoint a qualified individual to fill any vacancy of 14
118	118	an appointed member of the county board for the remainder of the term and until a 15
119	119	successor is appointed and qualifies.] 16
120	120
121	121	(2) THE COUNTY BOARD SHALL ADVERTIS E THE VACANCY IN AT 17
122	122	LEAST ONE MEDIUM ACC ESSIBLE TO THE GENER AL PUBLIC, INCLUDING: 18
123	123
124	124	(I) A NEWSPAPER OF GENERAL CIRCULATION IN THE R EGION; 19
125	125	OR 20
126	126
127	127	(II) THE HARFORD COUNTY PUBLIC SCHOOLS WEBSITE. 21
128	128
129	129	(3) AN INTERVIEW OF AN AP PLICANT FOR A VACANC Y ON THE 22
130	130	COUNTY BOARD SHALL BE CONDU CTED BY THE BOARD AT A MEETING OPEN TO TH E 23
131	131	PUBLIC. 24
132	132
133	133	(4) (I) THE COUNTY BOARD SHALL PUBLISH A LIST OF THE NAMES 25
134	134	OF THE APPLICANTS FOR A VACANCY ON THE BOARD AT LEAST 2 WEEKS BEFORE THE 26
135	135	INTERVIEW OF THE FIR ST APPLICANT IS SCHE DULED TO OCCUR . 27
136	136
137	137	(II) PUBLIC NOTICE OF THE DATE, TIME, AND LOCATION OF 28
138	138	EACH INTERVIEW SHALL BE PUBLISHED: 29
139	139
140	140	1. AT LEAST 2 WEEKS BEFORE THE INT ERVIEW IS 30
141	141	SCHEDULED TO OCCUR ; AND 31 4 HOUSE BILL 334
142	142
143	143
144	144
145	145	2. IN THE SAME MANNER AS A PUBLIC NOTICE OF A 1
146	146	REGULAR MEETING OF T HE BOARD IS PUBLISHE D. 2
147	147
148	148	(5) THE COUNTY BOARD IS NOT REQUIRE D TO CONDUCT 3
149	149	DISCUSSIONS OF THE A PPLICANTS OR MAKE TH E FINAL SELECTION OF AN ELECTED 4
150	150	OR APPOINTED MEMBER AT A MEETING OPEN TO THE PUBLIC. 5
151	151
152	152	(g) (1) The student member of the county board shall be elected by the high 6
153	153	school students of the county in accordance with procedures established by the Harford 7
154	154	County public school system. 8
155	155
156	156	(2) The student member shall: 9
157	157
158	158	(i) Be an eleventh or twelfth grade student, in good standing, and 10
159	159	regularly enrolled in the Harford County public school system; 11
160	160
161	161	(ii) Be a student government association representative at the 12
162	162	student’s high school; 13
163	163
164	164	(iii) Serve for 1 year beginning on July 1 after the election of the 14
165	165	member; 15
166	166
167	167	(iv) Except as otherwise provided in paragraph (3) of this subsection, 16
168	168	be a voting member; and 17
169	169
170	170	(v) Advise the county board on the thoughts and feelings of students 18
171	171	in the Harford County public schools. 19
172	172
173	173	(3) (i) Except as otherwise provided in subparagraph (iii) of this 20
174	174	paragraph, the student member of the county board has the same rights and privileges as 21
175	175	a member appointed or elected under subsection (d) of this section. 22
176	176
177	177	(ii) Unless invited to attend by an affirmative vote of a majority of 23
178	178	the county board, the student member may not attend an executive session of the county 24
179	179	board addressing a matter on which a student member is prohibited from voting on under 25
180	180	subparagraph (iii) of this paragraph. 26
181	181
182	182	(iii) The student member shall vote on and participate in all matters 27
183	183	except those relating to: 28
184	184
185	185	1. Geographical attendance areas under § 4–109 of this 29
186	186	article; 30
187	187
188	188	2. Acquisition and disposition of real property and matters 31
189	189	pertaining to school construction under § 4–115 of this article; 32 HOUSE BILL 334 5
190	190
191	191
192	192
193	193	3. Employment of architects under § 4–117 of this article; 1
194	194
195	195	4. Donations under § 4–118 of this article; 2
196	196
197	197	5. Condemnation under § 4–119 of this article; 3
198	198
199	199	6. Consolidation of schools and transportation of students 4
200	200	under § 4–120 of this article; 5
201	201
202	202	7. Appointment and salary of a county superintendent under 6
203	203	§§ 4–201 and 4–202 of this article; 7
204	204
205	205	8. Employee discipline and other appeals under § 4–205(c) of 8
206	206	this article; 9
207	207
208	208	9. Budgetary matters under Title 5 of this article; 10
209	209
210	210	10. Appointment and promotion of staff under § 6–201 of this 11
211	211	article; 12
212	212
213	213	11. Discipline of certificated staff under § 6–202 of this article; 13
214	214
215	215	12. Collective bargaining for certificated employees under 14
216	216	Title 6, Subtitle 4 of this article; 15
217	217
218	218	13. Collective bargaining for noncertificated employees under 16
219	219	Title 6, Subtitle 5 of this article; 17
220	220
221	221	14. Student suspension and expulsion under § 7–305 of this 18
222	222	article; and 19
223	223
224	224	15. School calendar and curriculum. 20
225	225
226	226	(H) THE APPOINTED MEMBER MAY VOTE: 21
227	227
228	228	(1) ONLY ON THOSE MATTERS FOR WHICH THE STUDEN T MEMBER 22
229	229	MAY VOTE UNDER SUBSE CTION (G)(3) OF THIS SECTION; OR 23
230	230
231	231	(2) TO BREAK A TIE IN VOT ES OF THE ELECTED ME MBERS. 24
232	232
233	233	(I) BEGINNING IN FISCAL Y EAR 2023 AND EACH FISCAL YEAR THEREAFTER , 25
234	234	THE HARFORD COUNTY GOVERNMENT SHALL INCL UDE IN THE ANNUAL CO UNTY 26
235	235	BUDGET AN APPR OPRIATION TO THE COUNTY BOARD EQUAL TO: 27
236	236	6 HOUSE BILL 334
237	237
238	238
239	239	(1) ONE–THIRD OF THE COMPENS ATION TO WHICH AN ATTORNEY AT 1
240	240	THE HARFORD COUNTY LEGAL COUNSEL OFFICE IS ENTITLED, TO BE USED FOR AN 2
241	241	OUTSIDE COUNSEL POSITION WITH THE COUNTY BOAR D; AND 3
242	242
243	243	(2) THE AVERAGE COMPENSAT ION TO WHICH A BUDGET ANALYST 4
244	244	WITH THE HARFORD COUNTY PUBLIC SCHOOLS IS ENTITLED, TO BE USED FOR AN 5
245	245	INDEPENDENT BUDGET A NALYST POSITION WITH THE COUNTY BOAR D. 6
246	246
247	247	3–6A–04. 7
248	248
249	249	(a) [Each] BEGINNING IN 2023 AND EACH YEAR THEREA FTER, EACH 8
250	250	nonstudent member of the Harford County Board is entitled to receive [$3,600] $4,680 9
251	251	annually for travel and other expenses related to the performance of duties as a member of 10
252	252	the board. 11
253	253
254	254	(b) Payments to a nonstudent member for the expenses described in subsection 12
255	255	(a) of this section shall be paid in 12 equal monthly installments. 13
256	256
257	257	(c) Subject to the approval of the board, a nonstudent member may be reimbursed 14
258	258	for additional travel and other expenses. 15
259	259
260	260	SECTION 2. AND BE IT FURTHER ENACTED, That : 16
261	261
262	262	(a) (1) To implement the reduction in the number of appointed members of the 17
263	263	Harford County Board of Education from three to one as provided in § 3–6A–01(b) of the 18
264	264	Education Article, as enacted by Section 1 of this Act, the positions of two of the current 19
265	265	appointed members of the county board shall be eliminated in accordance with paragraph 20
266	266	(2) of this subsection on June 1, 2022. 21
267	267
268	268	(2) The appointed members of the county board shall draw lots to 22
269	269	determine which positions are eliminated in accordance with paragraph (1) of this 23
270	270	subsection. 24
271	271
272	272	(b) (1) The initial terms of the members elected from the councilmanic districts 25
273	273	C, E, and F at the general election in November 2022 shall expire in 2024. 26
274	274
275	275	(2) The initial terms under paragraph (1) of this subsection may not count 27
276	276	toward the term limits as provided in § 3–6A–01(e) of the Education Article, as enacted by 28
277	277	Section 1 of this Act. 29
278	278
279	279	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
280	280	measure, is necessary for the immediate preservation of the public health or safety, has 31
281	281	been passed by a yea and nay vote supported by three–fifths of all the members elected to 32
282	282	each of the two Houses of the General Assembly, and shall take effect from the date it is 33
283	283	enacted. 34
284	284