| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0414* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 414 | |
| 11 | 8 | F3 2lr0545 | |
| 12 | 9 | SB 150/21 – EHE | |
| 13 | 10 | By: Senator Sydnor | |
| 14 | 11 | Introduced and read first time: January 26, 2022 | |
| 15 | 12 | Assigned to: Education, Health, and Environmental Affairs | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 23, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Baltimore County – Board of Education – Membership and Election of Officers 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of altering the number of members serving on the Baltimore County 3 | |
| 27 | 21 | Board of Education; requiring the Baltimore County Executive to appoint a member 4 | |
| 28 | 22 | of the county board from a certain list of nominees within a certain period of time; 5 | |
| 29 | 23 | altering the processes of the Baltimore County School Board Nominating 6 | |
| 30 | 24 | Commission to require the Commission to forward a list of nominees to an appointing 7 | |
| 31 | 25 | official; altering the quorum requirements for election of the chair and vice chair of 8 | |
| 32 | 26 | the county board; and generally relating to the membership and election of officers 9 | |
| 33 | 27 | for the Baltimore County Board of Education. 10 | |
| 34 | 28 | ||
| 35 | 29 | BY repealing and reenacting, with amendments, 11 | |
| 36 | 30 | Article – Education 12 | |
| 37 | 31 | Section 3–2B–01, 3–2B–03, 3–2B–04, and 3–2B–09(a) 13 | |
| 38 | 32 | Annotated Code of Maryland 14 | |
| 39 | 33 | (2018 Replacement Volume and 2021 Supplement) 15 | |
| 40 | 34 | ||
| 41 | 35 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 42 | 36 | That the Laws of Maryland read as follows: 17 | |
| 43 | 37 | ||
| 44 | 38 | Article – Education 18 | |
| 45 | 39 | ||
| 46 | 40 | 3–2B–01. 19 | |
| 47 | 41 | ||
| 48 | - | (a) The Baltimore County Board of Education consists of: 20 2 SENATE BILL 414 | |
| 42 | + | (a) The Baltimore County Board of Education consists of: 20 | |
| 43 | + | ||
| 44 | + | (1) Seven nonpartisan elected members; 21 | |
| 45 | + | ||
| 46 | + | (2) [Four] FIVE appointed members; and 22 | |
| 47 | + | 2 SENATE BILL 414 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (3) One student member. 1 | |
| 51 | 51 | ||
| 52 | - | (1) | |
| 52 | + | (b) (1) Of the [11] 12 elected and appointed members of the county board: 2 | |
| 53 | 53 | ||
| 54 | - | (2) [Four] FIVE appointed members; and 2 | |
| 54 | + | (i) One member shall be elected from each of the seven councilmanic 3 | |
| 55 | + | districts in the county, established by the County Council of Baltimore County, by the 4 | |
| 56 | + | voters of that district; [and] 5 | |
| 55 | 57 | ||
| 56 | - | (3) One student member. 3 | |
| 58 | + | (ii) Four members shall be appointed by the Governor from the 6 | |
| 59 | + | county at large; AND 7 | |
| 57 | 60 | ||
| 58 | - | (b) (1) Of the [11] 12 elected and appointed members of the county board: 4 | |
| 61 | + | (III) ONE MEMBER SHALL BE APPOINTED BY THE COUNTY 8 | |
| 62 | + | EXECUTIVE OF BALTIMORE COUNTY. 9 | |
| 59 | 63 | ||
| 60 | - | (i) One member shall be elected from each of the seven councilmanic 5 | |
| 61 | - | districts in the county, established by the County Council of Baltimore County, by the 6 | |
| 62 | - | voters of that district; [and] 7 | |
| 64 | + | (2) (i) The seven elected members shall be elected at a general election 10 | |
| 65 | + | in accordance with § 3–2B–02 of this subtitle. 11 | |
| 63 | 66 | ||
| 64 | - | (ii) Four members shall be appointed by the Governor from the 8 | |
| 65 | - | county at large; AND 9 | |
| 67 | + | (ii) The [four] FIVE appointed members shall be appointed [by the 12 | |
| 68 | + | Governor] from a list of nominees submitted by the Baltimore County School Board 13 | |
| 69 | + | Nominating Commission as provided in § 3–2B–03 of this subtitle: 14 | |
| 66 | 70 | ||
| 67 | - | | |
| 68 | - | ||
| 71 | + | 1. On the expiration of the term of an incumbent appointed 15 | |
| 72 | + | member within 30 days after the general election; or 16 | |
| 69 | 73 | ||
| 70 | - | | |
| 71 | - | ||
| 74 | + | 2. Within the 30–day period otherwise required under this 17 | |
| 75 | + | subtitle. 18 | |
| 72 | 76 | ||
| 73 | - | ( | |
| 74 | - | ||
| 75 | - | ||
| 77 | + | (3) (i) A member from a school board district shall be at least 21 years 19 | |
| 78 | + | old, a resident of that district for at least 2 years, and a registered voter of the county before 20 | |
| 79 | + | the election. 21 | |
| 76 | 80 | ||
| 77 | - | 1. On the expiration of the term of an incumbent appointed 17 | |
| 78 | - | member within 30 days after the general election; or 18 | |
| 81 | + | (ii) A member from a district who does not maintain residency in 22 | |
| 82 | + | that district may not continue as a member of the county board and the office shall be 23 | |
| 83 | + | deemed vacant. 24 | |
| 79 | 84 | ||
| 80 | - | 2. Within the 30–day period otherwise required under this 19 | |
| 81 | - | subtitle. 20 | |
| 85 | + | (iii) If the boundary line of a district is changed, the term of an 25 | |
| 86 | + | incumbent member of the county board who no longer resides in the district because of the 26 | |
| 87 | + | change is not affected during this term. 27 | |
| 82 | 88 | ||
| 83 | - | (3) (i) A member from a school board district shall be at least 21 years 21 | |
| 84 | - | old, a resident of that district for at least 2 years, and a registered voter of the county before 22 | |
| 85 | - | the election. 23 | |
| 89 | + | (4) (i) A member may not be elected or appointed to serve on the county 28 | |
| 90 | + | board for more than three consecutive terms. 29 | |
| 86 | 91 | ||
| 87 | - | (ii) A member from a district who does not maintain residency in 24 | |
| 88 | - | that district may not continue as a member of the county board and the office shall be 25 | |
| 89 | - | deemed vacant. 26 | |
| 90 | - | ||
| 91 | - | (iii) If the boundary line of a district is changed, the term of an 27 | |
| 92 | - | incumbent member of the county board who no longer resides in the district because of the 28 | |
| 93 | - | change is not affected during this term. 29 | |
| 94 | - | ||
| 95 | - | (4) (i) A member may not be elected or appointed to serve on the county 30 | |
| 96 | - | board for more than three consecutive terms. 31 SENATE BILL 414 3 | |
| 92 | + | (ii) A member who has served three consecutive 4–year terms may 30 | |
| 93 | + | not be elected or appointed to the county board until at least 4 years have elapsed since the 31 | |
| 94 | + | end of the member’s last term on the county board. 32 | |
| 95 | + | SENATE BILL 414 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 98 | + | (5) During an election year: 1 | |
| 99 | 99 | ||
| 100 | - | ( | |
| 101 | - | ||
| 102 | - | ||
| 100 | + | (i) [The Governor may not appoint as a member of the county board 2 | |
| 101 | + | an] AN individual who files a certificate of candidacy for election to the county board MAY 3 | |
| 102 | + | NOT BE APPOINTED AS A MEMBER OF THE COUNTY BOARD ; and 4 | |
| 103 | 103 | ||
| 104 | - | (5) During an election year: 4 | |
| 104 | + | (ii) An individual who files a certificate of candidacy for election to 5 | |
| 105 | + | the county board may not seek appointment to the county board [by the Governor] through 6 | |
| 106 | + | nomination by the Baltimore County School Board Nominating Commission. 7 | |
| 105 | 107 | ||
| 106 | - | (i) [The Governor may not appoint as a member of the county board 5 | |
| 107 | - | an] AN individual who files a certificate of candidacy for election to the county board MAY 6 | |
| 108 | - | NOT BE APPOINTED AS A MEMBER OF THE COUNTY BOARD ; and 7 | |
| 108 | + | 3–2B–03. 8 | |
| 109 | 109 | ||
| 110 | - | (ii) An individual who files a certificate of candidacy for election to 8 | |
| 111 | - | the county board may not seek appointment to the county board [by the Governor] through 9 | |
| 112 | - | nomination by the Baltimore County School Board Nominating Commission. 10 | |
| 110 | + | (a) (1) There is a Baltimore County School Board Nominating Commission. 9 | |
| 113 | 111 | ||
| 114 | - | 3–2B–03. 11 | |
| 112 | + | (2) The purpose of the Commission is to select nominees to be 10 | |
| 113 | + | recommended to the Governor AND THE COUNTY EXECUTIVE OF BALTIMORE COUNTY 11 | |
| 114 | + | as qualified candidates for appointment to the Baltimore County Board of Education. 12 | |
| 115 | 115 | ||
| 116 | - | (a) (1) There is a Baltimore County School Board Nominating Commission. 12 | |
| 116 | + | (3) The Commission shall hold at least three public hearings, each in a 13 | |
| 117 | + | different councilmanic district, on the selection of nominees before recommending to the 14 | |
| 118 | + | Governor nominees for appointment to the county board. 15 | |
| 117 | 119 | ||
| 118 | - | (2) The purpose of the Commission is to select nominees to be 13 | |
| 119 | - | recommended to the Governor AND THE COUNTY EXECUTIVE OF BALTIMORE COUNTY 14 | |
| 120 | - | as qualified candidates for appointment to the Baltimore County Board of Education. 15 | |
| 120 | + | (b) (1) The Commission consists of 19 members who shall be appointed in 16 | |
| 121 | + | accordance with this subsection. 17 | |
| 121 | 122 | ||
| 122 | - | (3) The Commission shall hold at least three public hearings, each in a 16 | |
| 123 | - | different councilmanic district, on the selection of nominees before recommending to the 17 | |
| 124 | - | Governor nominees for appointment to the county board. 18 | |
| 123 | + | (2) The Commission shall reflect the rich cultural, geographic, ethnic, and 18 | |
| 124 | + | racial diversity of Baltimore County. 19 | |
| 125 | 125 | ||
| 126 | - | (b) (1) The Commission consists of 19 members who shall be appointed in 19 | |
| 127 | - | accordance with this subsection. 20 | |
| 126 | + | (3) The Governor, in consultation with the County Executive of Baltimore 20 | |
| 127 | + | County, shall appoint eight members, one from each legislative district that lies in whole 21 | |
| 128 | + | or in part in Baltimore County. 22 | |
| 128 | 129 | ||
| 129 | - | ( | |
| 130 | - | ||
| 130 | + | (4) The County Executive of Baltimore County shall appoint one member 23 | |
| 131 | + | from the county at large. 24 | |
| 131 | 132 | ||
| 132 | - | (3) The Governor, in consultation with the County Executive of Baltimore 23 | |
| 133 | - | County, shall appoint eight members, one from each legislative district that lies in whole 24 | |
| 134 | - | or in part in Baltimore County. 25 | |
| 133 | + | (5) The following organizations each shall appoint one member: 25 | |
| 135 | 134 | ||
| 136 | - | (4) The County Executive of Baltimore County shall appoint one member 26 | |
| 137 | - | from the county at large. 27 | |
| 135 | + | (i) The Teachers Association of Baltimore County; 26 | |
| 138 | 136 | ||
| 139 | - | ( | |
| 137 | + | (ii) The Baltimore County Chamber of Commerce; 27 | |
| 140 | 138 | ||
| 141 | - | ( | |
| 139 | + | (iii) The PTA Council of Baltimore County, Inc.; 28 | |
| 142 | 140 | ||
| 143 | - | ( | |
| 141 | + | (iv) Towson University; 29 | |
| 144 | 142 | ||
| 145 | - | (iii) The PTA Council of Baltimore County, Inc.; 31 4 SENATE BILL 414 | |
| 143 | + | (v) The League of Women Voters of Baltimore County; 30 | |
| 144 | + | 4 SENATE BILL 414 | |
| 146 | 145 | ||
| 147 | 146 | ||
| 147 | + | (vi) The Baltimore County Branch of the National Association for the 1 | |
| 148 | + | Advancement of Colored People; 2 | |
| 148 | 149 | ||
| 149 | - | (iv) Towson University; 1 | |
| 150 | + | (vii) The Baltimore County Public Schools’ Special Education 3 | |
| 151 | + | Citizens’ Advisory Committee; 4 | |
| 150 | 152 | ||
| 151 | - | ( | |
| 153 | + | (viii) The Baltimore County Student Councils; 5 | |
| 152 | 154 | ||
| 153 | - | (vi) The Baltimore County Branch of the National Association for the 3 | |
| 154 | - | Advancement of Colored People; 4 | |
| 155 | + | (ix) The Council of Administrative and Supervisory Employees; and 6 | |
| 155 | 156 | ||
| 156 | - | (vii) The Baltimore County Public Schools’ Special Education 5 | |
| 157 | - | Citizens’ Advisory Committee; 6 | |
| 157 | + | (x) The Education Support Personnel of Baltimore County. 7 | |
| 158 | 158 | ||
| 159 | - | (viii) The Baltimore County Student Councils; 7 | |
| 159 | + | (c) (1) The County Executive for Baltimore County shall designate one of the 8 | |
| 160 | + | Commission’s members as chair of the Commission. 9 | |
| 160 | 161 | ||
| 161 | - | ( | |
| 162 | + | (2) The term of the chair of the Commission is 4 years. 10 | |
| 162 | 163 | ||
| 163 | - | ( | |
| 164 | + | (3) The term of a member of the Commission is 4 years. 11 | |
| 164 | 165 | ||
| 165 | - | (c) (1) The County Executive for Baltimore County shall designate one of the 10 | |
| 166 | - | Commission’s members as chair of the Commission. 11 | |
| 166 | + | (d) The Baltimore County Public Schools shall provide staff for the Commission. 12 | |
| 167 | 167 | ||
| 168 | - | (2) The term of the chair of the Commission is 4 years. 12 | |
| 168 | + | (e) [Beginning October 1, 2018, for] FOR each nomination for a vacancy on the 13 | |
| 169 | + | county board, the Commission shall submit to the [Governor] APPOINTING OFFICIAL a 14 | |
| 170 | + | list of nominees that contains: 15 | |
| 169 | 171 | ||
| 170 | - | ( | |
| 172 | + | (1) At least two names for each vacancy; or 16 | |
| 171 | 173 | ||
| 172 | - | (d) The Baltimore County Public Schools shall provide staff for the Commission. 14 | |
| 174 | + | (2) If there are fewer than two applicants for a vacancy, the number of 17 | |
| 175 | + | names that is equal to the number of applicants for the vacancy. 18 | |
| 173 | 176 | ||
| 174 | - | ( | |
| 175 | - | ||
| 176 | - | ||
| 177 | + | (f) (1) Absent an extraordinary circumstance, the [Governor] APPOINTING 19 | |
| 178 | + | OFFICIAL shall appoint a member to the county board from the list provided by the 20 | |
| 179 | + | Commission. 21 | |
| 177 | 180 | ||
| 178 | - | (1) At least two names for each vacancy; or 18 | |
| 181 | + | (2) If the [Governor] APPOINTING OFFICIAL elects not to appoint a 22 | |
| 182 | + | member from a list submitted by the Commission, the [Governor] APPOINTING OFFICIAL 23 | |
| 183 | + | shall return the list to the Commission and request that the Commission submit the names 24 | |
| 184 | + | of additional qualified candidates. 25 | |
| 179 | 185 | ||
| 180 | - | (2) If there are fewer than two applicants for a vacancy, the number of 19 | |
| 181 | - | names that is equal to the number of applicants for the vacancy. 20 | |
| 186 | + | 3–2B–04. 26 | |
| 182 | 187 | ||
| 183 | - | ( | |
| 184 | - | ||
| 185 | - | ||
| 188 | + | (a) Except for the student member, a member serves for a term of 4 years 27 | |
| 189 | + | beginning on the first Monday in December after the member’s election or appointment and 28 | |
| 190 | + | until a successor is elected or appointed and qualifies. 29 | |
| 186 | 191 | ||
| 187 | - | (2) If the [Governor] APPOINTING OFFICIAL elects not to appoint a 24 | |
| 188 | - | member from a list submitted by the Commission, the [Governor] APPOINTING OFFICIAL 25 | |
| 189 | - | shall return the list to the Commission and request that the Commission submit the names 26 | |
| 190 | - | of additional qualified candidates. 27 | |
| 191 | - | ||
| 192 | - | 3–2B–04. 28 | |
| 193 | - | SENATE BILL 414 5 | |
| 192 | + | (b) (1) An individual who takes office to fill a vacancy for an elected or 30 SENATE BILL 414 5 | |
| 194 | 193 | ||
| 195 | 194 | ||
| 196 | - | (a) Except for the student member, a member serves for a term of 4 years 1 | |
| 197 | - | beginning on the first Monday in December after the member’s election or appointment and 2 | |
| 198 | - | until a successor is elected or appointed and qualifies. 3 | |
| 195 | + | appointed member serves for the remainder of the term for which the appointment was 1 | |
| 196 | + | made and until a successor is elected or appointed and qualifies. 2 | |
| 199 | 197 | ||
| 200 | - | (b) (1) An individual who takes office to fill a vacancy for an elected or 4 | |
| 201 | - | appointed member serves for the remainder of the term for which the appointment was 5 | |
| 202 | - | made and until a successor is elected or appointed and qualifies. 6 | |
| 198 | + | (2) The [Governor] APPOINTING OFFICIAL shall act within 30 days to 3 | |
| 199 | + | make any appointment to the county board. 4 | |
| 203 | 200 | ||
| 204 | - | (2) The [Governor] APPOINTING OFFICIAL shall act within 30 days to 7 | |
| 205 | - | make any appointment to the county board. 8 | |
| 201 | + | 3–2B–09. 5 | |
| 206 | 202 | ||
| 207 | - | 3–2B–09. 9 | |
| 203 | + | (a) At the first meeting of the county board in December of each year, the county 6 | |
| 204 | + | board shall, BY A MAJORITY VOTE O F THE VOTING MEMBERS CURRENTLY SERVING , 7 | |
| 205 | + | elect a chair and vice chair from among the members. 8 | |
| 208 | 206 | ||
| 209 | - | (a) At the first meeting of the county board in December of each year, the county 10 | |
| 210 | - | board shall, BY A MAJORITY VOTE O F THE VOTING MEMBERS CURRENTLY SERVING , 11 | |
| 211 | - | elect a chair and vice chair from among the members. 12 | |
| 207 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect 9 | |
| 208 | + | October 1, 2022. 10 | |
| 212 | 209 | ||
| 213 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 | |
| 214 | - | October 1, 2022. 14 | |
| 215 | - | ||
| 216 | - | ||
| 217 | - | ||
| 218 | - | ||
| 219 | - | Approved: | |
| 220 | - | ________________________________________________________________________________ | |
| 221 | - | Governor. | |
| 222 | - | ________________________________________________________________________________ | |
| 223 | - | President of the Senate. | |
| 224 | - | ________________________________________________________________________________ | |
| 225 | - | Speaker of the House of Delegates. |