EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0476* HOUSE BILL 476 F3 2lr0842 By: Delegates Ebersole and Forbes Baltimore County Delegation Introduced and read first time: January 21, 2022 Assigned to: Ways and Means Committee Report: Favorable with amendments House action: Adopted Read second time: March 9, 2022 CHAPTER ______ 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 in a certain year; altering the term of elected and 5 appointed members and the process for electing officers of the county board in a 6 certain year; and generally relating to the 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 HOUSE BILL 476 (2) Four appointed members; and 1 (3) One student member. 2 (b) (1) Of the 11 elected and appointed members of the county board: 3 (i) One member shall be elected from each of the seven councilmanic 4 districts in the county, established by the County Council of Baltimore County, by the 5 voters of that district; and 6 (ii) Four members shall be appointed by the Governor from the 7 county at large. 8 (2) (i) The seven elected members shall be elected at a general election 9 in accordance with § 3–2B–02 of this subtitle. 10 (ii) [The] SUBJECT TO § 3–2B–04(A)(2) 3–2B–04(A)(3) OF THIS 11 SUBTITLE, THE four appointed members shall be appointed by the Governor from a list of 12 nominees submitted by the Baltimore County School Board Nominating Commission as 13 provided in § 3–2B–03 of this subtitle: 14 1. On the expiration of the term of an incumbent appointed 15 member within 30 days after the general election; or 16 2. Within the 30–day period otherwise required under this 17 subtitle. 18 (3) (i) A member from a school board district shall be at least 21 years 19 old, a resident of that district for at least 2 years, and a registered voter of the county before 20 the election. 21 (ii) A member from a district who does not maintain residency in 22 that district may not continue as a member of the county board and the office shall be 23 deemed vacant. 24 (iii) If the boundary line of a district is changed, the term of an 25 incumbent member of the county board who no longer resides in the district because of the 26 change is not affected during this term. 27 (4) (i) A member may not be elected or appointed to serve on the county 28 board for more than three consecutive terms. 29 (ii) A member who has served three consecutive 4–year terms may 30 not be elected or appointed to the county board until at least 4 years have elapsed since the 31 end of the member’s last term on the county board. 32 (5) During an election year: 33 HOUSE BILL 476 3 (i) The Governor may not appoint as a member of the county board 1 an individual who files a certificate of candidacy for election to the county board; and 2 (ii) An individual who files a certificate of candidacy for election to 3 the county board may not seek appointment to the county board by the Governor through 4 nomination by the Baltimore County School Board Nominating Commission. 5 3–2B–04. 6 (a) (1) Except AS PROVIDED IN PARAG RAPH (3) OF THIS SUBSECTION , 7 AND EXCEPT for the student member, a member serves for a term of 4 years [beginning on 8 the first Monday in December after the member’s election or appointment and] until a 9 successor is elected or appointed and qualifies. 10 (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY THE 11 TERMS PROVIDED FOR M EMBERS OF THE COUNTY BOARD ON JUNE 1, 2022. 12 (2) (3) (I) THE IN 2023, THE GOVERNOR SHALL APPOIN T FOUR 13 MEMBERS TO THE COUNT Y BOARD ON A DAY THA T IS AFTER THE DATE OF THE 14 GUBERNATORIAL INAUGU RATION AND BEFORE FEBRUARY 1 THAT SAME YEAR . 15 (II) A MEMBER APPOINTED IN ACCORDANCE WITH 16 SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BEGIN THEIR TERM ON THE DATE 17 OF THE MEMBER ’S APPOINTMENT BY THE GOVERNOR. 18 (III) A MEMBER ELECTED TO TH E COUNTY BOARD SHALL BEGIN 19 THEIR TERM ON THE DATE THAT MEMBERS ARE APPOINTE D IN ACCORDANCE WITH 20 THIS PARAGRAPH . 21 (b) (1) An individual who takes office to fill a vacancy for an elected or 22 appointed member serves for the remainder of the term for which the appointment was 23 made and until a successor is elected or appointed and qualifies. 24 (2) [The] SUBJECT TO SUBSECTION (A)(2) (A)(3) OF THIS SECTION , 25 THE Governor shall act within 30 days to make any appointment to the county board. 26 3–2B–09. 27 (a) (1) [At] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28 SUBSECTION, AT the first meeting of the county board in December of each year, the 29 county board shall elect a chair and vice chair from among the members. 30 (2) IN A GUBERNATORIAL ELEC TION YEAR 2023, THE COUNTY BOARD 31 SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBERS AT THE FIRST 32 4 HOUSE BILL 476 MEETING OF THE COUNT Y BOARD AFTER THE NE W TERM OF THE MEMBER S HAS 1 BEGUN. 2 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the appointed 3 members of the Baltimore County Board of Education who are appointed in 2023 shall 4 expire at the end of December 1, 2024. 5 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 June 1, 2022. 7 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.