Maryland 2023 Regular Session

Maryland House Bill HB1042 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	hb1042
6	6
7	7	HOUSE BILL 1042
8	8	P1 3lr2811
9	9	CF SB 639
10	10	By: Delegate Crosby
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Historic St. Mary’s City Commission Reform Act of 2023 2
19	19
20	20	FOR the purpose of altering certain provisions of law governing the Historic St. Mary’s City 3
21	21	Commission, including laws relating to membership of the Commission, 4
22	22	appointment of certain officers, meeting times, and duties; specifying the process for 5
23	23	the Commission to collaborate with the Historic St. Mary’s City Foundation; and 6
24	24	generally relating to the Historic St. Mary’s City Commission. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Education 9
28	28	Section 24–505, 24–506, 24–507(b), and 24–508 10
29	29	Annotated Code of Maryland 11
30	30	(2022 Replacement Volume) 12
31	31
32	32	BY adding to 13
33	33	Article – Education 14
34	34	Section 24–508.1 and 24–511(h) 15
35	35	Annotated Code of Maryland 16
36	36	(2022 Replacement Volume) 17
37	37
38	38	BY repealing and reenacting, without amendments, 18
39	39	Article – Education 19
40	40	Section 24–511(a)(1) 20
41	41	Annotated Code of Maryland 21
42	42	(2022 Replacement Volume) 22
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
45	45	That the Laws of Maryland read as follows: 24
46	46
47	47	Article – Education 25
48	48	2 HOUSE BILL 1042
49	49
50	50
51	51	24–505. 1
52	52
53	53	(a) The Historic St. Mary’s City Commission consists of [seventeen members. 2
54	54
55	55	(b) Of the Commission] THE FOLLOWING members: 3
56	56
57	57	(1) [Thirteen] FOURTEEN VOTING MEMBERS WHO shall be appointed by 4
58	58	the Governor with the advice and consent of the Senate as follows: 5
59	59
60	60	(i) Three shall be distinguished scholars, one of whom shall be an 6
61	61	archaeologist, one of whom shall be a colonial historian, and one of whom shall be an 7
62	62	educator; 8
63	63
64	64	(ii) One shall be a representative from a prominent historical 9
65	65	museum; 10
66	66
67	67	(iii) Three shall be members of the Maryland business community, 11
68	68	one of whom is in business in the St. Mary’s County community; AND 12
69	69
70	70	(iv) [Six] SEVEN shall be members of the general public, at least two 13
71	71	of whom are residents of the St. Mary’s County community; 14
72	72
73	73	(2) TWO VOTING MEMBERS AS FOLLOWS: 15
74	74
75	75	(I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 16
76	76	BY THE PRESIDENT OF THE SENATE; AND 17
77	77
78	78	(II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 18
79	79	BY THE SPEAKER OF THE HOUSE; AND 19
80	80
81	81	[(2)] (3) Two shall be ex officio [voting] members as follows: 20
82	82
83	83	(i) The chairman of the St. Mary’s College of Maryland Board of 21
84	84	Trustees or the chairman’s designee WHO IS A VOTING MEMBER ; and 22
85	85
86	86	(ii) The President of the Historic St. Mary’s Foundation[; and] WHO 23
87	87	IS A NONVOTING MEMBE R. 24
88	88
89	89	[(3) Two shall be ex officio nonvoting members as follows: 25
90	90
91	91	(i) The President of the Senate of Maryland or the President’s 26
92	92	designee; and 27
93	93
94	94	(ii) The Speaker of the House of Delegates or the Speaker’s 28
95	95	designee.] 29 HOUSE BILL 1042 3
96	96
97	97
98	98
99	99	[(c)] (B) The Governor shall consider statewide, regional, and minority 1
100	100	representation in making appointments to the Commission. 2
101	101
102	102	[(d)] (C) (1) The term of a member of the Commission, excluding an ex officio 3
103	103	member, is 4 years and until a successor is appointed and qualifies. These terms are 4
104	104	staggered as required by the terms of members as of July 1, 1997. 5
105	105
106	106	(2) A member appointed to fill a vacancy in an unexpired term serves only 6
107	107	for the remainder of that term and until a successor is appointed and qualifies. 7
108	108
109	109	(3) A member may be appointed to no more than two full consecutive terms. 8
110	110	A member who has served less than a full 4–year term may be reappointed to two full 9
111	111	terms. 10
112	112
113	113	24–506. 11
114	114
115	115	(a) (1) From among its members the Commission shall elect: 12
116	116
117	117	(i) A chairman; 13
118	118
119	119	(ii) A vice chairman; and 14
120	120
121	121	(iii) Any other officer the Commission requires. 15
122	122
123	123	(2) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 16
124	124	PARAGRAPH , THE manner of election of officers and their terms of office shall be as the 17
125	125	Commission determines. 18
126	126
127	127	(II) OFFICERS OF THE COMMISSION SHALL BE S ELECTED FROM 19
128	128	THE APPOINTED MEMBER S OF THE COMMISSION. 20
129	129
130	130	(b) (1) The Commission shall adopt bylaws setting forth the manner in which 21
131	131	it will conduct its business and otherwise carry out the duties assigned to it, including the 22
132	132	establishment of standing committees to propose policies, review operations, and advise the 23
133	133	Commission in the areas of: 24
134	134
135	135	(i) Land use, archaeology, historical research, collections 25
136	136	management, and capital projects; 26
137	137
138	138	(ii) Educational programming, public programs, and public affairs 27
139	139	with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to 28
140	140	the region, State, and nation; 29
141	141	4 HOUSE BILL 1042
142	142
143	143
144	144	(iii) Long–range planning, fund–raising, from both public and private 1
145	145	sources, as well as other revenue raising programs with a view to securing long–term 2
146	146	financial capital and operating support for Historic St. Mary’s City; and 3
147	147
148	148	(iv) Financial and administrative affairs, including property 4
149	149	management, personnel, procurement, legal, accounting, audit, and investment policies. 5
150	150
151	151	(2) The chairman of the Commission shall appoint each Commissioner to 6
152	152	one of the standing committees and such other committees as the Commission from time to 7
153	153	time determines to appoint for special purposes. The chairman shall designate a chair of 8
154	154	each committee. 9
155	155
156	156	(c) (1) There shall be an executive committee of the Commission which shall 10
157	157	have as its members the chairman, the vice chairman, and the chair of each standing 11
158	158	committee. 12
159	159
160	160	(2) The executive committee shall be delegated such powers as the 13
161	161	Commission shall determine by resolution or by law and shall report to the full Commission 14
162	162	all actions taken or considered by the committee at the next meeting of the full Commission. 15
163	163
164	164	(d) (1) (I) The full Commission shall meet at least two times a year at 16
165	165	Historic St. Mary’s City. 17
166	166
167	167	(II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES 18
168	168	A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY. 19
169	169
170	170	(2) The executive committee shall meet at least four times a year, or such 20
171	171	additional meetings as are necessary or convenient for the proper direction of Historic St. 21
172	172	Mary’s City. 22
173	173
174	174	(3) Standing committees shall meet or confer as necessary to review and 23
175	175	recommend action to the executive committee or full Commission, as the case may be, as 24
176	176	issues within their purview arise. 25
177	177
178	178	[(2)] (4) A majority of the voting members then serving on the 26
179	179	Commission is a quorum. 27
180	180
181	181	(e) A Commissioner may not receive compensation, but is entitled to be 28
182	182	reimbursed for expenses incurred while actually engaged in the performance of the 29
183	183	Commissioner’s duties in accordance with the Standard State Travel Regulations. 30
184	184
185	185	24–507. 31
186	186
187	187	(b) In addition to any duties provided elsewhere in this subtitle, the Commission 32
188	188	has the following duties: 33
189	189	HOUSE BILL 1042 5
190	190
191	191
192	192	(1) To maintain and carry out the mission of Historic St. Mary’s City; 1
193	193
194	194	(2) To protect and preserve the historical and archaeological resources 2
195	195	found within the boundaries of Historic St. Mary’s City; 3
196	196
197	197	(3) To identify, study, curate, interpret, and develop the significant historic 4
198	198	and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century 5
199	199	colonial period; 6
200	200
201	201	(4) To enhance the role of Historic St. Mary’s City as a statewide 7
202	202	educational center for historical archaeology and Maryland colonial history and ultimately 8
203	203	to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in 9
204	204	our nation’s development; 10
205	205
206	206	(5) To develop close working relationships with public and private 11
207	207	elementary and secondary schools, local and statewide businesses and governmental 12
208	208	agencies, and conduct activities to educate the general public about the history and 13
209	209	significance of Historic St. Mary’s City to the State of Maryland and the nation; 14
210	210
211	211	(6) To seek private and other public grants, gifts, bequests, endowments, 15
212	212	and legacies for the development and use of Historic St. Mary’s City; 16
213	213
214	214	(7) To review and comment on all plans for use and development of the 17
215	215	archaeologically or historically significant land and real property of St. Mary’s College of 18
216	216	Maryland during the initial planning stage, to conduct such review at a special or regular 19
217	217	meeting of the Commission after public notice of the general nature of the plans to be 20
218	218	reviewed by the Commission, and thereafter to forward all such comments coincident with 21
219	219	any submission made by the College pursuant to § 3–602 of the State Finance and 22
220	220	Procurement Article; 23
221	221
222	222	(8) To prepare an overall strategic plan at least once every 5 years that 24
223	223	establishes both short–range and long–range goals, objectives, and priorities for Historic 25
224	224	St. Mary’s City in support of its mission; [and] 26
225	225
226	226	(9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES R EGARDING THE 27
227	227	COMMISSION’S OPERATING PROCEDURES , INCLUDING POLICIES O N: 28
228	228
229	229	(I) PROCUREMENT ; 29
230	230
231	231	(II) HUMAN RESOURCES ; 30
232	232
233	233	(III) PAYROLL; 31
234	234
235	235	(IV) CASH MANAGEMENT ; 32
236	236
237	237	(V) FLEET MANAGEMENT ; AND 33 6 HOUSE BILL 1042
238	238
239	239
240	240	(VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT 1
241	241	WAITING LISTS; 2
242	242
243	243	(10) TO DEVELOP A COMPREHENSIVE MAINTE NANCE PLAN AND TO 3
244	244	UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS; 4
245	245
246	246	(11) TO ANNUALLY REVIEW : 5
247	247
248	248	(I) THE COMMISSION’S OPERATING AGREEMEN TS; AND 6
249	249
250	250	(II) THE COMMISSION’S POLICIES ON OPERAT ING 7
251	251	PROCEDURES ; AND 8
252	252
253	253	[(9)] (12) To report annually to the Governor, and subject to § 2–1257 of 9
254	254	the State Government Article, to the General Assembly as to the Commission’s activities 10
255	255	during the preceding year, including specifically: 11
256	256
257	257	(i) The number of students served as well as the type and numbers 12
258	258	of all other visitors; 13
259	259
260	260	(ii) The number of volunteers and total hours contributed to the 14
261	261	operation of the museum; 15
262	262
263	263	(iii) The amount and types of private and nonstate funds donated, 16
264	264	pledged, or otherwise provided; and 17
265	265
266	266	(iv) Any recommendations or requests the Commission considers 18
267	267	appropriate to further the mission of Historic St. Mary’s City. 19
268	268
269	269	24–508. 20
270	270
271	271	(a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of 21
272	272	St. Mary’s College of Maryland are hereby authorized to undertake joint programs and 22
273	273	otherwise to work collaboratively under contract or other agreement acceptable to the 23
274	274	governing boards of each institution, for the purpose of furthering the missions of both 24
275	275	institutions. 25
276	276
277	277	[(b)] (2) The Commission and the College may contract or otherwise agree to 26
278	278	work jointly to sponsor high quality education programs and activities for both the 27
279	279	academic and general communities and for all age groups, including elementary, secondary, 28
280	280	college, and adult education programs as well as teacher training programs in curriculum 29
281	281	areas of joint focus, such as archaeology, colonial American history, and Chesapeake 30
282	282	culture and ecology. 31
283	283
284	284	[(c)] (3) The Commission and College may develop jointly beneficial, 32
285	285	promotional, marketing, fundraising, tourism, special events, and other outreach efforts. 33 HOUSE BILL 1042 7
286	286
287	287
288	288
289	289	[(d)] (4) The College and Commission may by contract [or mutual agreement] 1
290	290	perform administrative tasks by one institution for the other including, but not limited to, 2
291	291	personnel, procurement and insurance claim processing, purchasing, accounting, 3
292	292	information system design, acquisition, installation and service, security, maintenance, 4
293	293	historic landscape design, catering and general food services, and archaeological survey 5
294	294	and mitigation services. 6
295	295
296	296	[(e)] (5) Provided they are supportive of the distinctive mission of each 7
297	297	institution, the Commission and College may undertake any other joint activity or action 8
298	298	by formal or informal agreement or contract. 9
299	299
300	300	[(f)] (6) Notwithstanding any joint activities or programs carried out by the 10
301	301	College and the Commission, or administrative action undertaken by the College or the 11
302	302	Commission for the benefit of the other institution, neither the College nor the Commission 12
303	303	shall be liable for any direct or indirect actions of the other institution, or its trustees, 13
304	304	Commissioners, employees, or agents as the case may be. 14
305	305
306	306	(B) AN OPERATING AGREEMEN T ENTERED INTO BY TH E COMMISSION WITH 15
307	307	ANOTHER UNIT OF STATE GOVERNMENT OR A N AFFILIATED NONPROF IT SHALL BE: 16
308	308
309	309	(1) EXECUTED IN WRITING ; 17
310	310
311	311	(2) APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE 18
312	312	ATTORNEY GENERAL; 19
313	313
314	314	(3) REVIEWED BY THE COMMISSION ANNUALLY ; AND 20
315	315
316	316	(4) ENACTED FOR A TERM NO T EXCEEDING 3 YEARS, WHICH MAY BE 21
317	317	RENEWED. 22
318	318
319	319	24–508.1. 23
320	320
321	321	(A) IN THIS SECTION , “FOUNDATION” MEANS THE HISTORIC ST. MARY’S 24
322	322	CITY FOUNDATION. 25
323	323
324	324	(B) THE COMMISSION MAY COLLAB ORATE WITH THE HISTORIC ST. MARY’S 26
325	325	CITY FOUNDATION. 27
326	326
327	327	(C) (1) THE COMMISSION SHALL DEVE LOP POLICIES FOR 28
328	328	COLLABORATION WITH T HE FOUNDATION. 29
329	329
330	330	(2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE 30
331	331	COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM 31 8 HOUSE BILL 1042
332	332
333	333
334	334	AND LEGAL SUFFICIENC Y AND, IF APPROPRIATE , APPROVE THEM TO GOVE RN THE 1
335	335	COLLABORATION . 2
336	336
337	337	(3) THE STATE ETHICS COMMISSION SHALL REVI EW THE POLICIES 3
338	338	THE COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION T HAT 4
339	339	PERTAIN TO CONFLICTS OF INTEREST AND , IF APPROPRIATE , APPROVE THEM TO 5
340	340	GOVERN AN OFFICIAL O R EMPLOYEE OF THE COMMISSION ALSO SERVI NG AS A 6
341	341	DIRECTOR OR OFFICIAL OF THE FOUNDATION. 7
342	342
343	343	(D) (1) THE FOUNDATION MAY NOT BE CONSIDERED AN AGENCY OR 8
344	344	INSTRUMENTALITY OF T HE STATE OR A UNIT OF TH E EXECUTIVE BRANCH FOR ANY 9
345	345	PURPOSE. 10
346	346
347	347	(2) A FINANCIAL OBLIGATION OR LIABILITY OF THE FOUNDATION 11
348	348	MAY NOT BE CONSIDERE D A DEBT OR AN OBLIG ATION OF THE STATE OR THE 12
349	349	COMMISSION. 13
350	350
351	351	(E) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 14
352	352	ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE COMMISSION FROM 15
353	353	ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF THE FOUNDATION. 16
354	354
355	355	(2) AN OFFICIAL OR EMPLOY EE OF THE COMMISSION WHO SERVES AS 17
356	356	A DIRECTOR OR OFFICI AL OF THE FOUNDATION: 18
357	357
358	358	(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 19
359	359	THE FOUNDATION; AND 20
360	360
361	361	(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 21
362	362	IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 22
363	363	FOUNDATION AS AUTHORI ZED BY THE BOARD OF DIRECTORS OF THE FOUNDATION 23
364	364	AND BY THE COMMISSION. 24
365	365
366	366	(3) (I) THE COMMISSION SHALL NOTI FY THE STATE ETHICS 25
367	367	COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL 26
368	368	OR EMPLOYEE OF THE COMMISSION T O SERVE AS A DIRECTO R OR OFFICIAL OF THE 27
369	369	FOUNDATION. 28
370	370
371	371	(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 29
372	372	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 30
373	373	NOTIFY THE COMMISSION OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 31
374	374	JOINT SERVICE IDENTIFIED I N THE NOTICE. 32
375	375	HOUSE BILL 1042 9
376	376
377	377
378	378	(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 1
379	379	COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION 2
380	380	SHALL REEXAMINE THE MATTER. 3
381	381
382	382	(4) EACH YEAR , THE COMMISSION SHALL REPO RT TO THE 4
383	383	GOVERNOR, THE STATE ETHICS COMMISSION, AND, IN ACCORDANCE WITH § 2–1257 5
384	384	OF THE STATE GOVERNMENT ARTICLE, THE LEGISLATIVE POLICY COMMITTEE: 6
385	385
386	386	(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 7
387	387	AS A DIRECTOR OR OFF ICIAL OF THE FOUNDATION; AND 8
388	388
389	389	(II) HOW THE POLICIES AND PROCEDURES ADOPT ED UNDER 9
390	390	SUBSECTION (C) OF THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING 10
391	391	YEAR. 11
392	392
393	393	(F) (1) NO FUNDS MAY BE ACCEP TED BY THE COMMISSION FROM THE 12
394	394	FOUNDATION UNLESS AN INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT AUDITS 13
395	395	THE FISCAL AFFAIRS O F THE FOUNDATION EACH YEAR . 14
396	396
397	397	(2) FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION MAY 15
398	398	NOT INCLUDE PRECONDI TIONS ON THE USE OF THE FUNDS. 16
399	399
400	400	24–511. 17
401	401
402	402	(a) (1) There is a Historic St. Mary’s City Fund. 18
403	403
404	404	(H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 19
405	405	AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 20
406	406
407	407	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 21
408	408	2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in 22
409	409	accordance with § 2–1257 of the State Government Article, on the Commission’s progress 23
410	410	in addressing the concerns raised by its most recent independent audit. 24
411	411
412	412	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
413	413	1, 2023. 26
414	414