Maryland 2022 2022 Regular Session

Maryland House Bill HB476 Introduced / Bill

Filed 01/27/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0476*  
  
HOUSE BILL 476 
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By: Delegates Ebersole and Forbes 
Introduced and read first time: January 21, 2022 
Assigned to: Ways and Means 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Baltimore County – Board of Education – Member Appointments and Terms and 2 
Election of Officers 3 
 
FOR the purpose of altering the process for appointing certain members of the Baltimore 4 
County Board of Education; altering the term of elected and appointed members and 5 
the process for electing officers of the county board; and generally relating to the 6 
Baltimore County Board of Education. 7 
 
BY repealing and reenacting, with amendments, 8 
 Article – Education 9 
Section 3–2B–01, 3–2B–04, and 3–2B–09(a) 10 
 Annotated Code of Maryland 11 
 (2018 Replacement Volume and 2021 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Education 15 
 
3–2B–01. 16 
 
 (a) The Baltimore County Board of Education consists of: 17 
 
 (1) Seven nonpartisan elected members; 18 
 
 (2) Four appointed members; and 19 
 
 (3) One student member. 20 
 
 (b) (1) Of the 11 elected and appointed members of the county board: 21 
  2 	HOUSE BILL 476  
 
 
 (i) One member shall be elected from each of the seven councilmanic 1 
districts in the county, established by the County Council of Baltimore County, by the 2 
voters of that district; and 3 
 
 (ii) Four members shall be appointed by the Governor from the 4 
county at large. 5 
 
 (2) (i) The seven elected members shall be elected at a general election 6 
in accordance with § 3–2B–02 of this subtitle. 7 
 
 (ii) [The] SUBJECT TO § 3–2B–04(A)(2) OF THIS SUBTITLE , THE 8 
four appointed members shall be appointed by the Governor from a list of nominees 9 
submitted by the Baltimore County School Board Nominating Commission as provided in 10 
§ 3–2B–03 of this subtitle: 11 
 
 1. On the expiration of the term of an incumbent appointed 12 
member within 30 days after the general election; or 13 
 
 2. Within the 30–day period otherwise required under this 14 
subtitle. 15 
 
 (3) (i) A member from a school board district shall be at least 21 years 16 
old, a resident of that district for at least 2 years, and a registered voter of the county before 17 
the election. 18 
 
 (ii) A member from a district who does not maintain residency in 19 
that district may not continue as a member of the county board and the office shall be 20 
deemed vacant. 21 
 
 (iii) If the boundary line of a district is changed, the term of an 22 
incumbent member of the county board who no longer resides in the district because of the 23 
change is not affected during this term. 24 
 
 (4) (i) A member may not be elected or appointed to serve on the county 25 
board for more than three consecutive terms. 26 
 
 (ii) A member who has served three consecutive 4–year terms may 27 
not be elected or appointed to the county board until at least 4 years have elapsed since the 28 
end of the member’s last term on the county board. 29 
 
 (5) During an election year: 30 
 
 (i) The Governor may not appoint as a member of the county board 31 
an individual who files a certificate of candidacy for election to the county board; and 32 
   	HOUSE BILL 476 	3 
 
 
 (ii) An individual who files a certificate of candidacy for election to 1 
the county board may not seek appointment to the county board by the Governor through 2 
nomination by the Baltimore County School Board Nominating Commission. 3 
 
3–2B–04. 4 
 
 (a) (1) Except for the student member, a member serves for a term of 4 years 5 
[beginning on the first Monday in December after the member’s election or appointment 6 
and] until a successor is elected or appointed and qualifies. 7 
 
 (2) (I) THE GOVERNOR SHALL APPOINT FOUR MEMBER S TO THE 8 
COUNTY BOARD ON A DAY THAT IS AFTER THE DATE OF THE GUBERNATORIAL 9 
INAUGURATION AND BEF ORE FEBRUARY 1 THAT SAME YEAR . 10 
 
 (II) A MEMBER APPOINTED IN ACCORDA	NCE WITH 11 
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BEGIN THEIR TE RM ON THE DATE 12 
OF THE MEMBER ’S APPOINTMENT BY THE GOVERNOR. 13 
 
 (III) A MEMBER ELECTED TO TH E COUNTY BOARD SHALL BEGIN 14 
THEIR TERM ON THE DA TE THAT MEMBERS ARE APPOINTE D IN ACCORDANCE WITH 15 
THIS PARAGRAPH .  16 
 
 (b) (1) An individual who takes office to fill a vacancy for an elected or 17 
appointed member serves for the remainder of the term for which the appointment was 18 
made and until a successor is elected or appointed and qualifies. 19 
 
 (2) [The] SUBJECT TO SUBSECTION (A)(2) OF THIS SECTION , THE 20 
Governor shall act within 30 days to make any appointment to the county board. 21 
 
3–2B–09. 22 
 
 (a) (1) [At] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23 
SUBSECTION, AT the first meeting of the county board in December of each year, the 24 
county board shall elect a chair and vice chair from among the members. 25 
 
 (2) IN A GUBERNATORIAL EL ECTION YEAR , THE COUNTY BOARD 26 
SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBERS AT THE FIRST 27 
MEETING OF THE COUNTY BOARD AFTER T HE NEW TERM OF THE MEMBERS HAS 28 
BEGUN. 29 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30 
1, 2022. 31