EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0998*
SENATE BILL 998
M1 2lr3083
By: Senator Eckardt
Introduced and read first time: February 23, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Maryland Environmental Trust – Trustees – Alterations 2
FOR the purpose of altering the manner in which elected trustees are recommended to 3
serve on and elected to the board of trustees of the Maryland Environmental Trust; 4
authorizing a trustee who is elected to fill a certain vacancy to serve one additional 5
term; authorizing a trustee to serve until a successor is elected and seated; altering 6
the manner in which a decision may be made on expending or investing gifts of 7
money made to the Trust; requiring the trustees to elect officers from among their 8
membership rather than from among the elected membership; repealing the 9
requirement that a certain notification be made in writing; altering the number of 10
trustees that constitutes a quorum; and generally relating to the Maryland 11
Environmental Trust. 12
BY repealing and reenacting, with amendments, 13
Article – Natural Resources 14
Section 3–202(a), 3–203(4), and 3–204 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Natural Resources 20
3–202. 21
(a) (1) A board of 19 trustees has and shall exercise the powers and duties of 22
the Trust. 23
(2) The Governor, the President of the Senate, and the Speaker of the 24 2 SENATE BILL 998
House [of Delegates] are ex officio members of the board of trustees. 1
(3) (i) Subject to [subparagraphs] SUBPARAGRAPH (ii) [and (iii)] of 2
this paragraph, beginning on June 1, 2017, of the remaining 16 trustees, four shall be 3
elected each year for a term of four years at any regular or special meeting by a majority 4
vote of the trustees present. 5
(ii) [In order to bring the composition of the board of trustees up to 6
16 elected trustees, four trustees shall be elected in October 2016. 7
(iii)] 1. A. AT LEAST 60 DAYS BEFORE THE EXPI RATION OF 8
A TERM, THE BOARD OF TRUSTEE S SHALL SUBMIT TO TH E GOVERNOR, THE 9
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE A LIST OF 10
CANDIDATES TO FILL A NY AVAILABLE SEATS O N THE BOARD OF TRUSTEES . 11
B. NOTWITHSTANDING SUBSU BSUBPARAGRAPH A OF 12
THIS SUBSUBPARAGRAPH , THE GOVERNOR, THE PRESIDENT OF THE SENATE, OR 13
THE SPEAKER OF THE HOUSE MAY RECOMMEND A NY INDIVIDUAL TO SER VE ON THE 14
BOARD OF TRUSTEES CO NSISTENT WITH THE PR OVISIONS IN SUBPARAGRAPH (III) 15
OF THIS PARAGRAPH . 16
2. [The] SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 17
SUBPARAGRAPH , THE trustees shall elect [a trustee] TRUSTEES FOLLOWING THE 18
EXPIRATION OF A 4–YEAR TERM as follows: 19
[1.] A. The Governor shall submit [three] AT LEAST TWO 20
recommendations to the board of trustees, of which two shall be elected; 21
[2.] B. The President of the Senate shall submit [three 22
recommendations] AT LEAST ONE RECOMME NDATION to the board of trustees, of which 23
one shall be elected; and 24
[3.] C. The Speaker of the House [of Delegates] shall 25
submit [three recommendations] AT LEAST ONE RECOMME NDATION to the board of 26
trustees, of which one shall be elected. 27
3. IF THE GOVERNOR, THE PRESIDENT OF THE SENATE, 28
OR THE SPEAKER OF THE HOUSE FAILS TO SUBMIT A RECOMMENDAT ION TO THE 29
BOARD OF TRUSTEES WITHIN 60 DAYS AFTER A TERM EXPIRES, THE BOARD OF 30
TRUSTEES SHALL ELECT BY MAJORITY VOTE A M EMBER OR MEMBERS FRO M THE 31
LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR, THE PRESIDENT OF THE 32
SENATE, AND THE SPEAKER OF THE HOUSE UNDER SUBSUBPARAGRAP H 1A OF THIS 33
SUBPARAGRAPH . 34
SENATE BILL 998 3
[(iv)] (III) Insofar as is practicable and consistent with the purposes 1
of the Trust, the recommendations for an elected trustee shall: 2
1. Represent a broad distribution of professions and 3
geographies; 4
2. Reflect the diversity of the State; and 5
3. Represent individuals with experience in one or more of 6
the following categories: 7
A. Conservation or preservation of parklands, agricultural 8
land, forest land, historic and cultural properties, natural areas, or important recreational 9
lands; 10
B. Agriculture, including the horse industry; 11
C. Community planning and land use policy, with an 12
emphasis on community sustainability, health communities, community food systems, 13
youth development and education, or green infrastructure; 14
D. Academic work in natural science, social science, or 15
cultural science at the university level; and 16
E. Business leadership, governance, or fund–raising in any of 17
the categories identified under this item. 18
[(v)] (IV) 1. Except as provided under subsubparagraph 2 of this 19
subparagraph, an elected trustee may not serve more than two consecutive terms. 20
2. The chair may serve a third consecutive term if elected as 21
chair during or after the second year of the chair’s second term. 22
3. [The terms of elected trustees are staggered as required 23
by the terms provided for trustees of the Trust on June 1, 2016. 24
4.] A trustee who is elected to fill a vacancy that arises after 25
a term has begun: 26
A. Shall be elected from [recommendations] THE MOST 27
RECENT LIST OF CANDI DATES submitted by THE BOARD OF TRUSTEE S TO the 28
Governor, the President of the Senate, [or] AND the Speaker of the House [of Delegates] in 29
accordance with subparagraph [(iii)] (II)1A of this paragraph[, as applicable]; and 30
B. Serves only for the rest of the term and [until a successor 31
is elected] ONE ADDITIONAL 4–YEAR TERM. 32 4 SENATE BILL 998
(V) A TRUSTEE MAY CONTINUE TO SERVE UNTIL A SUCCESSOR 1
IS ELECTED AND SEATED. 2
3–203. 3
The trustees have the powers and duties to: 4
(4) Accept any gift. The trustees may expend both principal and income of 5
any gift of money or invest it in whole or in part in general obligations of the State or other 6
securities in furtherance of the Trust, as decided at a regular or special meeting, if a quorum 7
is present[, by the affirmative vote of a minimum of seven elected trustees]; 8
3–204. 9
(a) The trustees shall elect from among [the elected] THEIR membership a chair, 10
secretary, and other officers as they determine. 11
(b) The trustees shall meet at least four times a year at places and on dates they 12
determine. 13
(c) The chair may call other meetings, and must call one at the request of six or 14
more trustees. 15
(d) The secretary shall notify [in writing] every trustee of the time and place of 16
every meeting at least seven days in advance of the meeting, except that meetings may be 17
held on shorter notice if all trustees agree. 18
(e) [Ten] A MAJORITY OF THE trustees [constitute] THEN SERVING 19
CONSTITUTES a quorum to conduct business. 20
(f) If at any time there is no director, the chair shall assume the director’s duties 21
and powers. 22
(g) The chair with the consent of the trustees may appoint an advisory council. 23
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 24
Assembly that an elected trustee of the Maryland Environmental Trust serve the rest of 25
the term for which the trustee was elected and until a successor is elected and seated in 26
accordance with Section 1 of this Act. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28
1, 2022. 29