Maryland 2022 Regular Session

Maryland Senate Bill SB998 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	sb0998
6	6
7	7	SENATE BILL 998
8	8	M1 2lr3083
9	9
10	10	By: Senator Eckardt
11	11	Introduced and read first time: February 23, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Environmental Trust – Trustees – Alterations 2
19	19
20	20	FOR the purpose of altering the manner in which elected trustees are recommended to 3
21	21	serve on and elected to the board of trustees of the Maryland Environmental Trust; 4
22	22	authorizing a trustee who is elected to fill a certain vacancy to serve one additional 5
23	23	term; authorizing a trustee to serve until a successor is elected and seated; altering 6
24	24	the manner in which a decision may be made on expending or investing gifts of 7
25	25	money made to the Trust; requiring the trustees to elect officers from among their 8
26	26	membership rather than from among the elected membership; repealing the 9
27	27	requirement that a certain notification be made in writing; altering the number of 10
28	28	trustees that constitutes a quorum; and generally relating to the Maryland 11
29	29	Environmental Trust. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Natural Resources 14
33	33	Section 3–202(a), 3–203(4), and 3–204 15
34	34	Annotated Code of Maryland 16
35	35	(2018 Replacement Volume and 2021 Supplement) 17
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
38	38	That the Laws of Maryland read as follows: 19
39	39
40	40	Article – Natural Resources 20
41	41
42	42	3–202. 21
43	43
44	44	(a) (1) A board of 19 trustees has and shall exercise the powers and duties of 22
45	45	the Trust. 23
46	46
47	47	(2) The Governor, the President of the Senate, and the Speaker of the 24 2 SENATE BILL 998
48	48
49	49
50	50	House [of Delegates] are ex officio members of the board of trustees. 1
51	51
52	52	(3) (i) Subject to [subparagraphs] SUBPARAGRAPH (ii) [and (iii)] of 2
53	53	this paragraph, beginning on June 1, 2017, of the remaining 16 trustees, four shall be 3
54	54	elected each year for a term of four years at any regular or special meeting by a majority 4
55	55	vote of the trustees present. 5
56	56
57	57	(ii) [In order to bring the composition of the board of trustees up to 6
58	58	16 elected trustees, four trustees shall be elected in October 2016. 7
59	59
60	60	(iii)] 1. A. AT LEAST 60 DAYS BEFORE THE EXPI RATION OF 8
61	61	A TERM, THE BOARD OF TRUSTEE S SHALL SUBMIT TO TH E GOVERNOR, THE 9
62	62	PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE A LIST OF 10
63	63	CANDIDATES TO FILL A NY AVAILABLE SEATS O N THE BOARD OF TRUSTEES . 11
64	64
65	65	B. NOTWITHSTANDING SUBSU BSUBPARAGRAPH A OF 12
66	66	THIS SUBSUBPARAGRAPH , THE GOVERNOR, THE PRESIDENT OF THE SENATE, OR 13
67	67	THE SPEAKER OF THE HOUSE MAY RECOMMEND A NY INDIVIDUAL TO SER VE ON THE 14
68	68	BOARD OF TRUSTEES CO NSISTENT WITH THE PR OVISIONS IN SUBPARAGRAPH (III) 15
69	69	OF THIS PARAGRAPH . 16
70	70
71	71	2. [The] SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 17
72	72	SUBPARAGRAPH , THE trustees shall elect [a trustee] TRUSTEES FOLLOWING THE 18
73	73	EXPIRATION OF A 4–YEAR TERM as follows: 19
74	74
75	75	[1.] A. The Governor shall submit [three] AT LEAST TWO 20
76	76	recommendations to the board of trustees, of which two shall be elected; 21
77	77
78	78	[2.] B. The President of the Senate shall submit [three 22
79	79	recommendations] AT LEAST ONE RECOMME NDATION to the board of trustees, of which 23
80	80	one shall be elected; and 24
81	81
82	82	[3.] C. The Speaker of the House [of Delegates] shall 25
83	83	submit [three recommendations] AT LEAST ONE RECOMME NDATION to the board of 26
84	84	trustees, of which one shall be elected. 27
85	85
86	86	3. IF THE GOVERNOR, THE PRESIDENT OF THE SENATE, 28
87	87	OR THE SPEAKER OF THE HOUSE FAILS TO SUBMIT A RECOMMENDAT ION TO THE 29
88	88	BOARD OF TRUSTEES WITHIN 60 DAYS AFTER A TERM EXPIRES, THE BOARD OF 30
89	89	TRUSTEES SHALL ELECT BY MAJORITY VOTE A M EMBER OR MEMBERS FRO M THE 31
90	90	LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR, THE PRESIDENT OF THE 32
91	91	SENATE, AND THE SPEAKER OF THE HOUSE UNDER SUBSUBPARAGRAP H 1A OF THIS 33
92	92	SUBPARAGRAPH . 34
93	93	SENATE BILL 998 3
94	94
95	95
96	96	[(iv)] (III) Insofar as is practicable and consistent with the purposes 1
97	97	of the Trust, the recommendations for an elected trustee shall: 2
98	98
99	99	1. Represent a broad distribution of professions and 3
100	100	geographies; 4
101	101
102	102	2. Reflect the diversity of the State; and 5
103	103
104	104	3. Represent individuals with experience in one or more of 6
105	105	the following categories: 7
106	106
107	107	A. Conservation or preservation of parklands, agricultural 8
108	108	land, forest land, historic and cultural properties, natural areas, or important recreational 9
109	109	lands; 10
110	110
111	111	B. Agriculture, including the horse industry; 11
112	112
113	113	C. Community planning and land use policy, with an 12
114	114	emphasis on community sustainability, health communities, community food systems, 13
115	115	youth development and education, or green infrastructure; 14
116	116
117	117	D. Academic work in natural science, social science, or 15
118	118	cultural science at the university level; and 16
119	119
120	120	E. Business leadership, governance, or fund–raising in any of 17
121	121	the categories identified under this item. 18
122	122
123	123	[(v)] (IV) 1. Except as provided under subsubparagraph 2 of this 19
124	124	subparagraph, an elected trustee may not serve more than two consecutive terms. 20
125	125
126	126	2. The chair may serve a third consecutive term if elected as 21
127	127	chair during or after the second year of the chair’s second term. 22
128	128
129	129	3. [The terms of elected trustees are staggered as required 23
130	130	by the terms provided for trustees of the Trust on June 1, 2016. 24
131	131
132	132	4.] A trustee who is elected to fill a vacancy that arises after 25
133	133	a term has begun: 26
134	134
135	135	A. Shall be elected from [recommendations] THE MOST 27
136	136	RECENT LIST OF CANDI DATES submitted by THE BOARD OF TRUSTEE S TO the 28
137	137	Governor, the President of the Senate, [or] AND the Speaker of the House [of Delegates] in 29
138	138	accordance with subparagraph [(iii)] (II)1A of this paragraph[, as applicable]; and 30
139	139
140	140	B. Serves only for the rest of the term and [until a successor 31
141	141	is elected] ONE ADDITIONAL 4–YEAR TERM. 32 4 SENATE BILL 998
142	142
143	143
144	144
145	145	(V) A TRUSTEE MAY CONTINUE TO SERVE UNTIL A SUCCESSOR 1
146	146	IS ELECTED AND SEATED. 2
147	147
148	148	3–203. 3
149	149
150	150	The trustees have the powers and duties to: 4
151	151
152	152	(4) Accept any gift. The trustees may expend both principal and income of 5
153	153	any gift of money or invest it in whole or in part in general obligations of the State or other 6
154	154	securities in furtherance of the Trust, as decided at a regular or special meeting, if a quorum 7
155	155	is present[, by the affirmative vote of a minimum of seven elected trustees]; 8
156	156
157	157	3–204. 9
158	158
159	159	(a) The trustees shall elect from among [the elected] THEIR membership a chair, 10
160	160	secretary, and other officers as they determine. 11
161	161
162	162	(b) The trustees shall meet at least four times a year at places and on dates they 12
163	163	determine. 13
164	164
165	165	(c) The chair may call other meetings, and must call one at the request of six or 14
166	166	more trustees. 15
167	167
168	168	(d) The secretary shall notify [in writing] every trustee of the time and place of 16
169	169	every meeting at least seven days in advance of the meeting, except that meetings may be 17
170	170	held on shorter notice if all trustees agree. 18
171	171
172	172	(e) [Ten] A MAJORITY OF THE trustees [constitute] THEN SERVING 19
173	173	CONSTITUTES a quorum to conduct business. 20
174	174
175	175	(f) If at any time there is no director, the chair shall assume the director’s duties 21
176	176	and powers. 22
177	177
178	178	(g) The chair with the consent of the trustees may appoint an advisory council. 23
179	179
180	180	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 24
181	181	Assembly that an elected trustee of the Maryland Environmental Trust serve the rest of 25
182	182	the term for which the trustee was elected and until a successor is elected and seated in 26
183	183	accordance with Section 1 of this Act. 27
184	184
185	185	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28
186	186	1, 2022. 29