Maryland 2022 Regular Session

Maryland Senate Bill SB136 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	sb0136
6	6
7	7	SENATE BILL 136
8	8	F4 2lr1141
9	9	(PRE–FILED)
10	10	By: Senator Ellis
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Education, Health, and Environmental Affairs
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	College of Southern Maryland – Charles County Campus – Transition to Charles 2
20	20	County Community College 3
21	21
22	22	FOR the purpose of establishing the Charles County Community College and the Board of 4
23	23	Community College Trustees for Charles County by transitioning the College of 5
24	24	Southern Maryland Charles County campus to the Charles County Community 6
25	25	College; removing Charles County from certain provisions of law relating to the 7
26	26	College of Southern Maryland; exempting the Charles County Community College 8
27	27	from certain provisions of law for a certain period of time; altering the number of 9
28	28	members of the Board of Trustees of the College of Southern Maryland and requiring 10
29	29	the Board of Trustees to take certain actions relating to the transition of the College 11
30	30	of Southern Maryland Charles County campus to the Charles County Community 12
31	31	College; and generally relating to the College of Southern Maryland and the Charles 13
32	32	County Community College. 14
33	33
34	34	BY repealing 15
35	35	Article – Education 16
36	36	Section 16–601 17
37	37	Annotated Code of Maryland 18
38	38	(2018 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY renumbering 20
41	41	Article – Education 21
42	42	Section 16–602 through 16–610, respectively 22
43	43	to be Section 16–601 through 16–609, respectively 23
44	44	Annotated Code of Maryland 24
45	45	(2018 Replacement Volume and 2021 Supplement) 25
46	46
47	47	BY repealing and reenacting, without amendments, 26
48	48	Article – Education 27 2 SENATE BILL 136
49	49
50	50
51	51	Section 16–305(a), (b)(1) and (4), and (c)(1)(i)13. 1
52	52	Annotated Code of Maryland 2
53	53	(2018 Replacement Volume and 2021 Supplement) 3
54	54
55	55	BY adding to 4
56	56	Article – Education 5
57	57	Section 16–404 6
58	58	Annotated Code of Maryland 7
59	59	(2018 Replacement Volume and 2021 Supplement) 8
60	60
61	61	BY repealing and reenacting, with amendments, 9
62	62	Article – Education 10
63	63	Section 16–601, 16–602(a)(1) and (d), and 16–603(b)(1) 11
64	64	Annotated Code of Maryland 12
65	65	(2018 Replacement Volume and 2021 Supplement) 13
66	66	(As enacted by Section 2 of this Act) 14
67	67
68	68	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
69	69	That Section(s) 16–601 of Article – Education of the Annotated Code of Maryland be 16
70	70	repealed. 17
71	71
72	72	SECTION 2. AND BE IT FURTHER ENACTED , That Section(s) 16–602 through 18
73	73	16–610, respectively, of Article – Education of the Annotated Code of Maryland be 19
74	74	renumbered to be Section(s) 16–601 through 16–609, respectively. 20
75	75
76	76	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
77	77	as follows: 22
78	78
79	79	Article – Education 23
80	80
81	81	16–305. 24
82	82
83	83	(a) The formula used for the distribution of funds to the community colleges in 25
84	84	the State shall be known as the Senator John A. Cade Funding Formula. 26
85	85
86	86	(b) (1) In this section the following words have the meanings indicated. 27
87	87
88	88	(4) “Community college” means a community college established under this 28
89	89	title but does not include Baltimore City Community College. 29
90	90
91	91	(c) (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this 30
92	92	paragraph, the total State operating fund per full–time equivalent student to the 31
93	93	community colleges for each fiscal year as requested by the Governor shall be: 32
94	94
95	95	13. In fiscal year 2023 and each fiscal year thereafter, not less 33
96	96	than an amount equal to 29% of the State’s General Fund appropriation per full–time 34
97	97	equivalent student to the 4–year public institutions of higher education in the State as 35 SENATE BILL 136 3
98	98
99	99
100	100	designated by the Commission for the purpose of administering the Joseph A. Selinger 1
101	101	Program under Title 17 of this article in the same fiscal year. 2
102	102
103	103	16–404. 3
104	104
105	105	(A) (1) THERE IS A CHARLES COUNTY COMMUNITY COLLEGE. 4
106	106
107	107	(2) THE BOARD OF COMMUNITY COLLEGE TRUSTEES FOR CHARLES 5
108	108	COUNTY CONSISTS OF SE VEN MEMBERS APPOINTE D BY THE GOVERNOR, WITH THE 6
109	109	ADVICE AND CONSENT O F THE SENATE. 7
110	110
111	111	(3) EACH MEMBER SHALL : 8
112	112
113	113	(I) BE A RESIDENT OF CHARLES COUNTY; AND 9
114	114
115	115	(II) HAVE COMPLETED AT LEA ST 60 SEMESTER HOURS OF 10
116	116	ACCREDITED COLLEGE W ORK. 11
117	117
118	118	(4) A MEMBER MAY NOT BE AN ELECTED OFFICI AL OF THE STATE, A 12
119	119	COUNTY, A MUNICIPAL CORPORAT ION, OR THE CHARLES COUNTY BOARD OF 13
120	120	EDUCATION. 14
121	121
122	122	(B) (1) THE TERM OF A MEMBER IS 5 YEARS. 15
123	123
124	124	(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE 16
125	125	TERMS. 17
126	126
127	127	(C) EACH MEMBER OF THE BOARD OF TRUSTEES IS ENTITLED TO RECEIVE 18
128	128	A MAXIMUM OF $600 EACH YEAR FOR EXPENSES . 19
129	129
130	130	16–601. 20
131	131
132	132	(a) In this subtitle the following words have the meanings indicated. 21
133	133
134	134	(b) “Board of Trustees” means the Board of Trustees of the College of Southern 22
135	135	Maryland. 23
136	136
137	137	(c) “College” means the College of Southern Maryland[, formerly known as the 24
138	138	Charles County Community College]. 25
139	139
140	140	(d) “Commission” means the Maryland Higher Education Commission. 26
141	141
142	142	(e) “County commissioners” means the elected county commissioners from 27
143	143	Calvert[, Charles,] and St. Mary’s counties. 28
144	144	4 SENATE BILL 136
145	145
146	146
147	147	(f) “Officer” means the president, vice presidents, deans, or other officers of the 1
148	148	College as shall be appointed by the Board of Trustees. 2
149	149
150	150	(g) “Resident campus” means a primary campus located in Calvert County[, 3
151	151	Charles County,] or St. Mary’s County. 4
152	152
153	153	(h) “Southern Maryland” means the area that includes all of Calvert[, Charles,] 5
154	154	and St. Mary’s counties. 6
155	155
156	156	16–602. 7
157	157
158	158	(a) (1) There is a College of Southern Maryland[, formerly known as the 8
159	159	Charles County Community College,] located in Calvert[, Charles,] and St. Mary’s 9
160	160	counties, Maryland. 10
161	161
162	162	(d) Calvert[, Charles,] and St. Mary’s counties may appropriate money to pay the 11
163	163	cost of operating the College according to the provisions of this article. 12
164	164
165	165	16–603. 13
166	166
167	167	(b) (1) The Board of Trustees consists of [nine] SIX members appointed by the 14
168	168	Governor with the advice and consent of the Senate. 15
169	169
170	170	SECTION 4. AND BE IT FURTHER ENACTED, That: 16
171	171
172	172	(a) Notwithstanding the requirements under Title 11, Subtitle 2 of the Education 17
173	173	Article, for the 2023–2024 academic year, the Charles County Community College 18
174	174	established under Section 3 of this Act: 19
175	175
176	176	(1) may offer the same degree programs that the College of Southern 20
177	177	Maryland is approved to offer; and 21
178	178
179	179	(2) may operate without a certificate of approval from the Maryland Higher 22
180	180	Education Commission. 23
181	181
182	182	(b) To continue to operate beyond the 2023–2024 academic year, the Charles 24
183	183	County Community College shall be subject to the requirements of Title 11, Subtitle 2 of 25
184	184	the Education Article. 26
185	185
186	186	SECTION 5. AND BE IT FURTHER ENACTED, That, on July 1, 2023, all the 27
187	187	functions, powers, duties, books and records (including electronic records), real and 28
188	188	personal property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and 29
189	189	privileges of any branches or locations of the College of Southern Maryland that are located 30
190	190	in Charles County or pertain to students who reside in Charles County shall be transferred 31
191	191	to the Charles County Community College. 32
192	192	SENATE BILL 136 5
193	193
194	194
195	195	SECTION 6. AND BE IT FURTHER ENACTED, That, all employees who are 1
196	196	transferred to the Charles County Community College and its Board of Trustees as a result 2
197	197	of this Act shall be transferred without diminution of their rights, benefits, employment, or 3
198	198	retirement status. 4
199	199
200	200	SECTION 7. AND BE IT FURTHER ENACTED, That, except as expressly provided 5
201	201	to the contrary in this Act, any transaction affected by or flowing from any statute added, 6
202	202	amended, repealed, or transferred under this Act and validly entered into before the 7
203	203	effective date of this Act, and every right, duty, or interest flowing from it remains valid 8
204	204	after the effective date of this Act and may be terminated, completed, consummated, or 9
205	205	enforced under the law. 10
206	206
207	207	SECTION 8. AND BE IT FURTHER ENACTED, That, except as otherwise provided 11
208	208	by law, all existing laws, regulations, proposed regulations, standards and guidelines, 12
209	209	policies, orders and other directives, forms, plans, memberships, contracts, property, 13
210	210	investigations, administrative and judicial responsibilities, rights to sue and be sued, and 14
211	211	all other duties and responsibilities associated with the functions of the agencies and units 15
212	212	that are the subject of this Act prior to the effective date of this Act shall continue in effect 16
213	213	under and, as appropriate, are legal and binding on the Charles County Community College 17
214	214	and the Board of Trustees until completed, withdrawn, canceled, modified, or otherwise 18
215	215	changed under the law. 19
216	216
217	217	SECTION 9. AND BE IT FURTHER ENACTED, That any members of the Board of 20
218	218	Trustees of the College of Southern Maryland who reside in Charles County shall be 21
219	219	transferred to the Charles County Community College Board of Trustees and nothing in 22
220	220	this Act shall affect the terms of office of those members or the remaining members of the 23
221	221	Board of Trustees of the College of Southern Maryland serving on the effective date of this 24
222	222	Act. An individual who is transferred under this section or who remains a member of the 25
223	223	Board of Trustees of the College of Southern Maryland on the effective date of this Act shall 26
224	224	remain a member for the balance of the term to which the member was originally appointed, 27
225	225	unless the member sooner dies, resigns, or is removed under appropriate provisions of law. 28
226	226
227	227	SECTION 10. AND BE IT FURTHER ENACTED , That the publisher of the 29
228	228	Annotated Code of Maryland, in consultation with and subject to the approval of the 30
229	229	Department of Legislative Services, shall correct, with no further action required by the 31
230	230	General Assembly, cross–references and terminology rendered incorrect by this Act or by 32
231	231	any other Act of the General Assembly of 2022 that affects provisions enacted by this Act. 33
232	232	The publisher shall adequately describe any such correction in an editor’s note following 34
233	233	the section affected. 35
234	234
235	235	SECTION 11. AND BE IT FURTHER ENACTED , That the Board of Trustees of the 36
236	236	College of Southern Maryland shall endeavor to secure a stable transition of the College of 37
237	237	Southern Maryland Charles County campus and programs to the Charles County 38
238	238	Community College before July 1, 2023, through advertising, changing the College 39
239	239	letterhead and signs, and preparation of materials, processes, and activities as stated and 40
240	240	implied by this Act. 41
241	241	6 SENATE BILL 136
242	242
243	243
244	244	SECTION 12. AND BE IT FURTHER ENACTED, That for the purposes of 1
245	245	calculating full–time equivalent enrollment under § 16–305 of the Education Article in 2
246	246	fiscal year 2024 for the Charles County Community College, the State shall use the 3
247	247	enrollment of Charles County residents at the College of Southern Maryland in fiscal year 4
248	248	2022. 5
249	249
250	250	SECTION 13. AND BE IT FURTHER ENACTED, That Section 11 of this Act shall 6
251	251	take effect July 1, 2022. 7
252	252
253	253	SECTION 14. AND BE IT FURTHER ENACTED, That, except as provided in 8
254	254	Section 13 of this Act, this Act shall take effect July 1, 2023. 9
255	255
256	256