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Maryland House Bill HB476

Maryland 2022 Regular Session

Maryland House Bill HB476 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0476*
96
107 HOUSE BILL 476
118 F3 2lr0842
129
13-By: Delegates Ebersole and Forbes Baltimore County Delegation
10+By: Delegates Ebersole and Forbes
1411 Introduced and read first time: January 21, 2022
1512 Assigned to: Ways and Means
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 9, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Baltimore County – Board of Education – Member Appointments and Terms and 2
2519 Election of Officers 3
2620
2721 FOR the purpose of altering the process for appointing certain members of the Baltimore 4
28-County Board of Education in a certain year; altering the term of elected and 5
29-appointed members and the process for electing officers of the county board in a 6
30-certain year; and generally relating to the Baltimore County Board of Education. 7
22+County Board of Education; altering the term of elected and appointed members and 5
23+the process for electing officers of the county board; and generally relating to the 6
24+Baltimore County Board of Education. 7
3125
3226 BY repealing and reenacting, with amendments, 8
3327 Article – Education 9
3428 Section 3–2B–01, 3–2B–04, and 3–2B–09(a) 10
3529 Annotated Code of Maryland 11
3630 (2018 Replacement Volume and 2021 Supplement) 12
3731
3832 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3933 That the Laws of Maryland read as follows: 14
4034
4135 Article – Education 15
4236
4337 3–2B–01. 16
4438
4539 (a) The Baltimore County Board of Education consists of: 17
4640
4741 (1) Seven nonpartisan elected members; 18
42+
43+ (2) Four appointed members; and 19
44+
45+ (3) One student member. 20
46+
47+ (b) (1) Of the 11 elected and appointed members of the county board: 21
4848 2 HOUSE BILL 476
4949
5050
51- (2) Four appointed members; and 1
51+ (i) One member shall be elected from each of the seven councilmanic 1
52+districts in the county, established by the County Council of Baltimore County, by the 2
53+voters of that district; and 3
5254
53- (3) One student member. 2
55+ (ii) Four members shall be appointed by the Governor from the 4
56+county at large. 5
5457
55- (b) (1) Of the 11 elected and appointed members of the county board: 3
58+ (2) (i) The seven elected members shall be elected at a general election 6
59+in accordance with § 3–2B–02 of this subtitle. 7
5660
57- (i) One member shall be elected from each of the seven councilmanic 4
58-districts in the county, established by the County Council of Baltimore County, by the 5
59-voters of that district; and 6
61+ (ii) [The] SUBJECT TO § 3–2B–04(A)(2) OF THIS SUBTITLE , THE 8
62+four appointed members shall be appointed by the Governor from a list of nominees 9
63+submitted by the Baltimore County School Board Nominating Commission as provided in 10
64+§ 3–2B–03 of this subtitle: 11
6065
61- (ii) Four members shall be appointed by the Governor from the 7
62-county at large. 8
66+ 1. On the expiration of the term of an incumbent appointed 12
67+member within 30 days after the general election; or 13
6368
64- (2) (i) The seven elected members shall be elected at a general election 9
65-in accordance with § 3–2B–02 of this subtitle. 10
69+ 2. Within the 30–day period otherwise required under this 14
70+subtitle. 15
6671
67- (ii) [The] SUBJECT TO § 3–2B–04(A)(2) 3–2B–04(A)(3) OF THIS 11
68-SUBTITLE, THE four appointed members shall be appointed by the Governor from a list of 12
69-nominees submitted by the Baltimore County School Board Nominating Commission as 13
70-provided in § 3–2B–03 of this subtitle: 14
72+ (3) (i) A member from a school board district shall be at least 21 years 16
73+old, a resident of that district for at least 2 years, and a registered voter of the county before 17
74+the election. 18
7175
72- 1. On the expiration of the term of an incumbent appointed 15
73-member within 30 days after the general election; or 16
76+ (ii) A member from a district who does not maintain residency in 19
77+that district may not continue as a member of the county board and the office shall be 20
78+deemed vacant. 21
7479
75- 2. Within the 30–day period otherwise required under this 17
76-subtitle. 18
80+ (iii) If the boundary line of a district is changed, the term of an 22
81+incumbent member of the county board who no longer resides in the district because of the 23
82+change is not affected during this term. 24
7783
78- (3) (i) A member from a school board district shall be at least 21 years 19
79-old, a resident of that district for at least 2 years, and a registered voter of the county before 20
80-the election. 21
84+ (4) (i) A member may not be elected or appointed to serve on the county 25
85+board for more than three consecutive terms. 26
8186
82- (ii) A member from a district who does not maintain residency in 22
83-that district may not continue as a member of the county board and the office shall be 23
84-deemed vacant. 24
87+ (ii) A member who has served three consecutive 4–year terms may 27
88+not be elected or appointed to the county board until at least 4 years have elapsed since the 28
89+end of the member’s last term on the county board. 29
8590
86- (iii) If the boundary line of a district is changed, the term of an 25
87-incumbent member of the county board who no longer resides in the district because of the 26
88-change is not affected during this term. 27
91+ (5) During an election year: 30
8992
90- (4) (i) A member may not be elected or appointed to serve on the county 28
91-board for more than three consecutive terms. 29
92-
93- (ii) A member who has served three consecutive 4–year terms may 30
94-not be elected or appointed to the county board until at least 4 years have elapsed since the 31
95-end of the member’s last term on the county board. 32
96-
97- (5) During an election year: 33 HOUSE BILL 476 3
93+ (i) The Governor may not appoint as a member of the county board 31
94+an individual who files a certificate of candidacy for election to the county board; and 32
95+ HOUSE BILL 476 3
9896
9997
98+ (ii) An individual who files a certificate of candidacy for election to 1
99+the county board may not seek appointment to the county board by the Governor through 2
100+nomination by the Baltimore County School Board Nominating Commission. 3
100101
101- (i) The Governor may not appoint as a member of the county board 1
102-an individual who files a certificate of candidacy for election to the county board; and 2
102+3–2B–04. 4
103103
104- (ii) An individual who files a certificate of candidacy for election to 3
105-the county board may not seek appointment to the county board by the Governor through 4
106-nomination by the Baltimore County School Board Nominating Commission. 5
104+ (a) (1) Except for the student member, a member serves for a term of 4 years 5
105+[beginning on the first Monday in December after the member’s election or appointment 6
106+and] until a successor is elected or appointed and qualifies. 7
107107
108-3–2B–04. 6
108+ (2) (I) THE GOVERNOR SHALL APPOINT FOUR MEMBER S TO THE 8
109+COUNTY BOARD ON A DAY THAT IS AFTER THE DATE OF THE GUBERNATORIAL 9
110+INAUGURATION AND BEF ORE FEBRUARY 1 THAT SAME YEAR . 10
109111
110- (a) (1) Except AS PROVIDED IN PARAG RAPH (3) OF THIS SUBSECTION , 7
111-AND EXCEPT for the student member, a member serves for a term of 4 years [beginning on 8
112-the first Monday in December after the member’s election or appointment and] until a 9
113-successor is elected or appointed and qualifies. 10
112+ (II) A MEMBER APPOINTED IN ACCORDA NCE WITH 11
113+SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BEGIN THEIR TE RM ON THE DATE 12
114+OF THE MEMBER ’S APPOINTMENT BY THE GOVERNOR. 13
114115
115- (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY THE 11
116-TERMS PROVIDED FOR M EMBERS OF THE COUNTY BOARD ON JUNE 1, 2022. 12
116+ (III) A MEMBER ELECTED TO TH E COUNTY BOARD SHALL BEGIN 14
117+THEIR TERM ON THE DA TE THAT MEMBERS ARE APPOINTE D IN ACCORDANCE WITH 15
118+THIS PARAGRAPH . 16
117119
118- (2) (3) (I) THE IN 2023, THE GOVERNOR SHALL APPOIN T FOUR 13
119-MEMBERS TO THE COUNT Y BOARD ON A DAY THA T IS AFTER THE DATE OF THE 14
120-GUBERNATORIAL INAUGU RATION AND BEFORE FEBRUARY 1 THAT SAME YEAR . 15
120+ (b) (1) An individual who takes office to fill a vacancy for an elected or 17
121+appointed member serves for the remainder of the term for which the appointment was 18
122+made and until a successor is elected or appointed and qualifies. 19
121123
122- (II) A MEMBER APPOINTED IN ACCORDANCE WITH 16
123-SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BEGIN THEIR TERM ON THE DATE 17
124-OF THE MEMBER ’S APPOINTMENT BY THE GOVERNOR. 18
124+ (2) [The] SUBJECT TO SUBSECTION (A)(2) OF THIS SECTION , THE 20
125+Governor shall act within 30 days to make any appointment to the county board. 21
125126
126- (III) A MEMBER ELECTED TO TH E COUNTY BOARD SHALL BEGIN 19
127-THEIR TERM ON THE DATE THAT MEMBERS ARE APPOINTE D IN ACCORDANCE WITH 20
128-THIS PARAGRAPH . 21
127+3–2B–09. 22
129128
130- (b) (1) An individual who takes office to fill a vacancy for an elected or 22
131-appointed member serves for the remainder of the term for which the appointment was 23
132-made and until a successor is elected or appointed and qualifies. 24
129+ (a) (1) [At] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23
130+SUBSECTION, AT the first meeting of the county board in December of each year, the 24
131+county board shall elect a chair and vice chair from among the members. 25
133132
134- (2) [The] SUBJECT TO SUBSECTION (A)(2) (A)(3) OF THIS SECTION , 25
135-THE Governor shall act within 30 days to make any appointment to the county board. 26
133+ (2) IN A GUBERNATORIAL EL ECTION YEAR , THE COUNTY BOARD 26
134+SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBERS AT THE FIRST 27
135+MEETING OF THE COUNTY BOARD AFTER T HE NEW TERM OF THE MEMBERS HAS 28
136+BEGUN. 29
136137
137-3–2B–09. 27
138-
139- (a) (1) [At] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
140-SUBSECTION, AT the first meeting of the county board in December of each year, the 29
141-county board shall elect a chair and vice chair from among the members. 30
142-
143- (2) IN A GUBERNATORIAL ELEC TION YEAR 2023, THE COUNTY BOARD 31
144-SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBERS AT THE FIRST 32 4 HOUSE BILL 476
145-
146-
147-MEETING OF THE COUNT Y BOARD AFTER THE NE W TERM OF THE MEMBER S HAS 1
148-BEGUN. 2
149-
150- SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the appointed 3
151-members of the Baltimore County Board of Education who are appointed in 2023 shall 4
152-expire at the end of December 1, 2024. 5
153-
154- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
155-June 1, 2022. 7
156-
157-
158-
159-
160-Approved:
161-________________________________________________________________________________
162- Governor.
163-________________________________________________________________________________
164- Speaker of the House of Delegates.
165-________________________________________________________________________________
166- President of the Senate.
138+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30
139+1, 2022. 31