EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0136*
SENATE BILL 136
F4 2lr1141
(PRE–FILED)
By: Senator Ellis
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
College of Southern Maryland – Charles County Campus – Transition to Charles 2
County Community College 3
FOR the purpose of establishing the Charles County Community College and the Board of 4
Community College Trustees for Charles County by transitioning the College of 5
Southern Maryland Charles County campus to the Charles County Community 6
College; removing Charles County from certain provisions of law relating to the 7
College of Southern Maryland; exempting the Charles County Community College 8
from certain provisions of law for a certain period of time; altering the number of 9
members of the Board of Trustees of the College of Southern Maryland and requiring 10
the Board of Trustees to take certain actions relating to the transition of the College 11
of Southern Maryland Charles County campus to the Charles County Community 12
College; and generally relating to the College of Southern Maryland and the Charles 13
County Community College. 14
BY repealing 15
Article – Education 16
Section 16–601 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY renumbering 20
Article – Education 21
Section 16–602 through 16–610, respectively 22
to be Section 16–601 through 16–609, respectively 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Education 27 2 SENATE BILL 136
Section 16–305(a), (b)(1) and (4), and (c)(1)(i)13. 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2021 Supplement) 3
BY adding to 4
Article – Education 5
Section 16–404 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Education 10
Section 16–601, 16–602(a)(1) and (d), and 16–603(b)(1) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
(As enacted by Section 2 of this Act) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That Section(s) 16–601 of Article – Education of the Annotated Code of Maryland be 16
repealed. 17
SECTION 2. AND BE IT FURTHER ENACTED , That Section(s) 16–602 through 18
16–610, respectively, of Article – Education of the Annotated Code of Maryland be 19
renumbered to be Section(s) 16–601 through 16–609, respectively. 20
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
as follows: 22
Article – Education 23
16–305. 24
(a) The formula used for the distribution of funds to the community colleges in 25
the State shall be known as the Senator John A. Cade Funding Formula. 26
(b) (1) In this section the following words have the meanings indicated. 27
(4) “Community college” means a community college established under this 28
title but does not include Baltimore City Community College. 29
(c) (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this 30
paragraph, the total State operating fund per full–time equivalent student to the 31
community colleges for each fiscal year as requested by the Governor shall be: 32
13. In fiscal year 2023 and each fiscal year thereafter, not less 33
than an amount equal to 29% of the State’s General Fund appropriation per full–time 34
equivalent student to the 4–year public institutions of higher education in the State as 35 SENATE BILL 136 3
designated by the Commission for the purpose of administering the Joseph A. Selinger 1
Program under Title 17 of this article in the same fiscal year. 2
16–404. 3
(A) (1) THERE IS A CHARLES COUNTY COMMUNITY COLLEGE. 4
(2) THE BOARD OF COMMUNITY COLLEGE TRUSTEES FOR CHARLES 5
COUNTY CONSISTS OF SE VEN MEMBERS APPOINTE D BY THE GOVERNOR, WITH THE 6
ADVICE AND CONSENT O F THE SENATE. 7
(3) EACH MEMBER SHALL : 8
(I) BE A RESIDENT OF CHARLES COUNTY; AND 9
(II) HAVE COMPLETED AT LEA ST 60 SEMESTER HOURS OF 10
ACCREDITED COLLEGE W ORK. 11
(4) A MEMBER MAY NOT BE AN ELECTED OFFICI AL OF THE STATE, A 12
COUNTY, A MUNICIPAL CORPORAT ION, OR THE CHARLES COUNTY BOARD OF 13
EDUCATION. 14
(B) (1) THE TERM OF A MEMBER IS 5 YEARS. 15
(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE 16
TERMS. 17
(C) EACH MEMBER OF THE BOARD OF TRUSTEES IS ENTITLED TO RECEIVE 18
A MAXIMUM OF $600 EACH YEAR FOR EXPENSES . 19
16–601. 20
(a) In this subtitle the following words have the meanings indicated. 21
(b) “Board of Trustees” means the Board of Trustees of the College of Southern 22
Maryland. 23
(c) “College” means the College of Southern Maryland[, formerly known as the 24
Charles County Community College]. 25
(d) “Commission” means the Maryland Higher Education Commission. 26
(e) “County commissioners” means the elected county commissioners from 27
Calvert[, Charles,] and St. Mary’s counties. 28
4 SENATE BILL 136
(f) “Officer” means the president, vice presidents, deans, or other officers of the 1
College as shall be appointed by the Board of Trustees. 2
(g) “Resident campus” means a primary campus located in Calvert County[, 3
Charles County,] or St. Mary’s County. 4
(h) “Southern Maryland” means the area that includes all of Calvert[, Charles,] 5
and St. Mary’s counties. 6
16–602. 7
(a) (1) There is a College of Southern Maryland[, formerly known as the 8
Charles County Community College,] located in Calvert[, Charles,] and St. Mary’s 9
counties, Maryland. 10
(d) Calvert[, Charles,] and St. Mary’s counties may appropriate money to pay the 11
cost of operating the College according to the provisions of this article. 12
16–603. 13
(b) (1) The Board of Trustees consists of [nine] SIX members appointed by the 14
Governor with the advice and consent of the Senate. 15
SECTION 4. AND BE IT FURTHER ENACTED, That: 16
(a) Notwithstanding the requirements under Title 11, Subtitle 2 of the Education 17
Article, for the 2023–2024 academic year, the Charles County Community College 18
established under Section 3 of this Act: 19
(1) may offer the same degree programs that the College of Southern 20
Maryland is approved to offer; and 21
(2) may operate without a certificate of approval from the Maryland Higher 22
Education Commission. 23
(b) To continue to operate beyond the 2023–2024 academic year, the Charles 24
County Community College shall be subject to the requirements of Title 11, Subtitle 2 of 25
the Education Article. 26
SECTION 5. AND BE IT FURTHER ENACTED, That, on July 1, 2023, all the 27
functions, powers, duties, books and records (including electronic records), real and 28
personal property, equipment, fixtures, assets, liabilities, obligations, credits, rights, and 29
privileges of any branches or locations of the College of Southern Maryland that are located 30
in Charles County or pertain to students who reside in Charles County shall be transferred 31
to the Charles County Community College. 32
SENATE BILL 136 5
SECTION 6. AND BE IT FURTHER ENACTED, That, all employees who are 1
transferred to the Charles County Community College and its Board of Trustees as a result 2
of this Act shall be transferred without diminution of their rights, benefits, employment, or 3
retirement status. 4
SECTION 7. AND BE IT FURTHER ENACTED, That, except as expressly provided 5
to the contrary in this Act, any transaction affected by or flowing from any statute added, 6
amended, repealed, or transferred under this Act and validly entered into before the 7
effective date of this Act, and every right, duty, or interest flowing from it remains valid 8
after the effective date of this Act and may be terminated, completed, consummated, or 9
enforced under the law. 10
SECTION 8. AND BE IT FURTHER ENACTED, That, except as otherwise provided 11
by law, all existing laws, regulations, proposed regulations, standards and guidelines, 12
policies, orders and other directives, forms, plans, memberships, contracts, property, 13
investigations, administrative and judicial responsibilities, rights to sue and be sued, and 14
all other duties and responsibilities associated with the functions of the agencies and units 15
that are the subject of this Act prior to the effective date of this Act shall continue in effect 16
under and, as appropriate, are legal and binding on the Charles County Community College 17
and the Board of Trustees until completed, withdrawn, canceled, modified, or otherwise 18
changed under the law. 19
SECTION 9. AND BE IT FURTHER ENACTED, That any members of the Board of 20
Trustees of the College of Southern Maryland who reside in Charles County shall be 21
transferred to the Charles County Community College Board of Trustees and nothing in 22
this Act shall affect the terms of office of those members or the remaining members of the 23
Board of Trustees of the College of Southern Maryland serving on the effective date of this 24
Act. An individual who is transferred under this section or who remains a member of the 25
Board of Trustees of the College of Southern Maryland on the effective date of this Act shall 26
remain a member for the balance of the term to which the member was originally appointed, 27
unless the member sooner dies, resigns, or is removed under appropriate provisions of law. 28
SECTION 10. AND BE IT FURTHER ENACTED , That the publisher of the 29
Annotated Code of Maryland, in consultation with and subject to the approval of the 30
Department of Legislative Services, shall correct, with no further action required by the 31
General Assembly, cross–references and terminology rendered incorrect by this Act or by 32
any other Act of the General Assembly of 2022 that affects provisions enacted by this Act. 33
The publisher shall adequately describe any such correction in an editor’s note following 34
the section affected. 35
SECTION 11. AND BE IT FURTHER ENACTED , That the Board of Trustees of the 36
College of Southern Maryland shall endeavor to secure a stable transition of the College of 37
Southern Maryland Charles County campus and programs to the Charles County 38
Community College before July 1, 2023, through advertising, changing the College 39
letterhead and signs, and preparation of materials, processes, and activities as stated and 40
implied by this Act. 41
6 SENATE BILL 136
SECTION 12. AND BE IT FURTHER ENACTED, That for the purposes of 1
calculating full–time equivalent enrollment under § 16–305 of the Education Article in 2
fiscal year 2024 for the Charles County Community College, the State shall use the 3
enrollment of Charles County residents at the College of Southern Maryland in fiscal year 4
2022. 5
SECTION 13. AND BE IT FURTHER ENACTED, That Section 11 of this Act shall 6
take effect July 1, 2022. 7
SECTION 14. AND BE IT FURTHER ENACTED, That, except as provided in 8
Section 13 of this Act, this Act shall take effect July 1, 2023. 9