EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1042*
HOUSE BILL 1042
P1 3lr2811
CF SB 639
By: Delegate Crosby
Introduced and read first time: February 10, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Historic St. Mary’s City Commission Reform Act of 2023 2
FOR the purpose of altering certain provisions of law governing the Historic St. Mary’s City 3
Commission, including laws relating to membership of the Commission, 4
appointment of certain officers, meeting times, and duties; specifying the process for 5
the Commission to collaborate with the Historic St. Mary’s City Foundation; and 6
generally relating to the Historic St. Mary’s City Commission. 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 24–505, 24–506, 24–507(b), and 24–508 10
Annotated Code of Maryland 11
(2022 Replacement Volume) 12
BY adding to 13
Article – Education 14
Section 24–508.1 and 24–511(h) 15
Annotated Code of Maryland 16
(2022 Replacement Volume) 17
BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 24–511(a)(1) 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Education 25
2 HOUSE BILL 1042
24–505. 1
(a) The Historic St. Mary’s City Commission consists of [seventeen members. 2
(b) Of the Commission] THE FOLLOWING members: 3
(1) [Thirteen] FOURTEEN VOTING MEMBERS WHO shall be appointed by 4
the Governor with the advice and consent of the Senate as follows: 5
(i) Three shall be distinguished scholars, one of whom shall be an 6
archaeologist, one of whom shall be a colonial historian, and one of whom shall be an 7
educator; 8
(ii) One shall be a representative from a prominent historical 9
museum; 10
(iii) Three shall be members of the Maryland business community, 11
one of whom is in business in the St. Mary’s County community; AND 12
(iv) [Six] SEVEN shall be members of the general public, at least two 13
of whom are residents of the St. Mary’s County community; 14
(2) TWO VOTING MEMBERS AS FOLLOWS: 15
(I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 16
BY THE PRESIDENT OF THE SENATE; AND 17
(II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 18
BY THE SPEAKER OF THE HOUSE; AND 19
[(2)] (3) Two shall be ex officio [voting] members as follows: 20
(i) The chairman of the St. Mary’s College of Maryland Board of 21
Trustees or the chairman’s designee WHO IS A VOTING MEMBER ; and 22
(ii) The President of the Historic St. Mary’s Foundation[; and] WHO 23
IS A NONVOTING MEMBE R. 24
[(3) Two shall be ex officio nonvoting members as follows: 25
(i) The President of the Senate of Maryland or the President’s 26
designee; and 27
(ii) The Speaker of the House of Delegates or the Speaker’s 28
designee.] 29 HOUSE BILL 1042 3
[(c)] (B) The Governor shall consider statewide, regional, and minority 1
representation in making appointments to the Commission. 2
[(d)] (C) (1) The term of a member of the Commission, excluding an ex officio 3
member, is 4 years and until a successor is appointed and qualifies. These terms are 4
staggered as required by the terms of members as of July 1, 1997. 5
(2) A member appointed to fill a vacancy in an unexpired term serves only 6
for the remainder of that term and until a successor is appointed and qualifies. 7
(3) A member may be appointed to no more than two full consecutive terms. 8
A member who has served less than a full 4–year term may be reappointed to two full 9
terms. 10
24–506. 11
(a) (1) From among its members the Commission shall elect: 12
(i) A chairman; 13
(ii) A vice chairman; and 14
(iii) Any other officer the Commission requires. 15
(2) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 16
PARAGRAPH , THE manner of election of officers and their terms of office shall be as the 17
Commission determines. 18
(II) OFFICERS OF THE COMMISSION SHALL BE S ELECTED FROM 19
THE APPOINTED MEMBER S OF THE COMMISSION. 20
(b) (1) The Commission shall adopt bylaws setting forth the manner in which 21
it will conduct its business and otherwise carry out the duties assigned to it, including the 22
establishment of standing committees to propose policies, review operations, and advise the 23
Commission in the areas of: 24
(i) Land use, archaeology, historical research, collections 25
management, and capital projects; 26
(ii) Educational programming, public programs, and public affairs 27
with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to 28
the region, State, and nation; 29
4 HOUSE BILL 1042
(iii) Long–range planning, fund–raising, from both public and private 1
sources, as well as other revenue raising programs with a view to securing long–term 2
financial capital and operating support for Historic St. Mary’s City; and 3
(iv) Financial and administrative affairs, including property 4
management, personnel, procurement, legal, accounting, audit, and investment policies. 5
(2) The chairman of the Commission shall appoint each Commissioner to 6
one of the standing committees and such other committees as the Commission from time to 7
time determines to appoint for special purposes. The chairman shall designate a chair of 8
each committee. 9
(c) (1) There shall be an executive committee of the Commission which shall 10
have as its members the chairman, the vice chairman, and the chair of each standing 11
committee. 12
(2) The executive committee shall be delegated such powers as the 13
Commission shall determine by resolution or by law and shall report to the full Commission 14
all actions taken or considered by the committee at the next meeting of the full Commission. 15
(d) (1) (I) The full Commission shall meet at least two times a year at 16
Historic St. Mary’s City. 17
(II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES 18
A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY. 19
(2) The executive committee shall meet at least four times a year, or such 20
additional meetings as are necessary or convenient for the proper direction of Historic St. 21
Mary’s City. 22
(3) Standing committees shall meet or confer as necessary to review and 23
recommend action to the executive committee or full Commission, as the case may be, as 24
issues within their purview arise. 25
[(2)] (4) A majority of the voting members then serving on the 26
Commission is a quorum. 27
(e) A Commissioner may not receive compensation, but is entitled to be 28
reimbursed for expenses incurred while actually engaged in the performance of the 29
Commissioner’s duties in accordance with the Standard State Travel Regulations. 30
24–507. 31
(b) In addition to any duties provided elsewhere in this subtitle, the Commission 32
has the following duties: 33
HOUSE BILL 1042 5
(1) To maintain and carry out the mission of Historic St. Mary’s City; 1
(2) To protect and preserve the historical and archaeological resources 2
found within the boundaries of Historic St. Mary’s City; 3
(3) To identify, study, curate, interpret, and develop the significant historic 4
and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century 5
colonial period; 6
(4) To enhance the role of Historic St. Mary’s City as a statewide 7
educational center for historical archaeology and Maryland colonial history and ultimately 8
to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in 9
our nation’s development; 10
(5) To develop close working relationships with public and private 11
elementary and secondary schools, local and statewide businesses and governmental 12
agencies, and conduct activities to educate the general public about the history and 13
significance of Historic St. Mary’s City to the State of Maryland and the nation; 14
(6) To seek private and other public grants, gifts, bequests, endowments, 15
and legacies for the development and use of Historic St. Mary’s City; 16
(7) To review and comment on all plans for use and development of the 17
archaeologically or historically significant land and real property of St. Mary’s College of 18
Maryland during the initial planning stage, to conduct such review at a special or regular 19
meeting of the Commission after public notice of the general nature of the plans to be 20
reviewed by the Commission, and thereafter to forward all such comments coincident with 21
any submission made by the College pursuant to § 3–602 of the State Finance and 22
Procurement Article; 23
(8) To prepare an overall strategic plan at least once every 5 years that 24
establishes both short–range and long–range goals, objectives, and priorities for Historic 25
St. Mary’s City in support of its mission; [and] 26
(9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES R EGARDING THE 27
COMMISSION’S OPERATING PROCEDURES , INCLUDING POLICIES O N: 28
(I) PROCUREMENT ; 29
(II) HUMAN RESOURCES ; 30
(III) PAYROLL; 31
(IV) CASH MANAGEMENT ; 32
(V) FLEET MANAGEMENT ; AND 33 6 HOUSE BILL 1042
(VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT 1
WAITING LISTS; 2
(10) TO DEVELOP A COMPREHENSIVE MAINTE NANCE PLAN AND TO 3
UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS; 4
(11) TO ANNUALLY REVIEW : 5
(I) THE COMMISSION’S OPERATING AGREEMEN TS; AND 6
(II) THE COMMISSION’S POLICIES ON OPERAT ING 7
PROCEDURES ; AND 8
[(9)] (12) To report annually to the Governor, and subject to § 2–1257 of 9
the State Government Article, to the General Assembly as to the Commission’s activities 10
during the preceding year, including specifically: 11
(i) The number of students served as well as the type and numbers 12
of all other visitors; 13
(ii) The number of volunteers and total hours contributed to the 14
operation of the museum; 15
(iii) The amount and types of private and nonstate funds donated, 16
pledged, or otherwise provided; and 17
(iv) Any recommendations or requests the Commission considers 18
appropriate to further the mission of Historic St. Mary’s City. 19
24–508. 20
(a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of 21
St. Mary’s College of Maryland are hereby authorized to undertake joint programs and 22
otherwise to work collaboratively under contract or other agreement acceptable to the 23
governing boards of each institution, for the purpose of furthering the missions of both 24
institutions. 25
[(b)] (2) The Commission and the College may contract or otherwise agree to 26
work jointly to sponsor high quality education programs and activities for both the 27
academic and general communities and for all age groups, including elementary, secondary, 28
college, and adult education programs as well as teacher training programs in curriculum 29
areas of joint focus, such as archaeology, colonial American history, and Chesapeake 30
culture and ecology. 31
[(c)] (3) The Commission and College may develop jointly beneficial, 32
promotional, marketing, fundraising, tourism, special events, and other outreach efforts. 33 HOUSE BILL 1042 7
[(d)] (4) The College and Commission may by contract [or mutual agreement] 1
perform administrative tasks by one institution for the other including, but not limited to, 2
personnel, procurement and insurance claim processing, purchasing, accounting, 3
information system design, acquisition, installation and service, security, maintenance, 4
historic landscape design, catering and general food services, and archaeological survey 5
and mitigation services. 6
[(e)] (5) Provided they are supportive of the distinctive mission of each 7
institution, the Commission and College may undertake any other joint activity or action 8
by formal or informal agreement or contract. 9
[(f)] (6) Notwithstanding any joint activities or programs carried out by the 10
College and the Commission, or administrative action undertaken by the College or the 11
Commission for the benefit of the other institution, neither the College nor the Commission 12
shall be liable for any direct or indirect actions of the other institution, or its trustees, 13
Commissioners, employees, or agents as the case may be. 14
(B) AN OPERATING AGREEMEN T ENTERED INTO BY TH E COMMISSION WITH 15
ANOTHER UNIT OF STATE GOVERNMENT OR A N AFFILIATED NONPROF IT SHALL BE: 16
(1) EXECUTED IN WRITING ; 17
(2) APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE 18
ATTORNEY GENERAL; 19
(3) REVIEWED BY THE COMMISSION ANNUALLY ; AND 20
(4) ENACTED FOR A TERM NO T EXCEEDING 3 YEARS, WHICH MAY BE 21
RENEWED. 22
24–508.1. 23
(A) IN THIS SECTION , “FOUNDATION” MEANS THE HISTORIC ST. MARY’S 24
CITY FOUNDATION. 25
(B) THE COMMISSION MAY COLLAB ORATE WITH THE HISTORIC ST. MARY’S 26
CITY FOUNDATION. 27
(C) (1) THE COMMISSION SHALL DEVE LOP POLICIES FOR 28
COLLABORATION WITH T HE FOUNDATION. 29
(2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE 30
COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM 31 8 HOUSE BILL 1042
AND LEGAL SUFFICIENC Y AND, IF APPROPRIATE , APPROVE THEM TO GOVE RN THE 1
COLLABORATION . 2
(3) THE STATE ETHICS COMMISSION SHALL REVI EW THE POLICIES 3
THE COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION T HAT 4
PERTAIN TO CONFLICTS OF INTEREST AND , IF APPROPRIATE , APPROVE THEM TO 5
GOVERN AN OFFICIAL O R EMPLOYEE OF THE COMMISSION ALSO SERVI NG AS A 6
DIRECTOR OR OFFICIAL OF THE FOUNDATION. 7
(D) (1) THE FOUNDATION MAY NOT BE CONSIDERED AN AGENCY OR 8
INSTRUMENTALITY OF T HE STATE OR A UNIT OF TH E EXECUTIVE BRANCH FOR ANY 9
PURPOSE. 10
(2) A FINANCIAL OBLIGATION OR LIABILITY OF THE FOUNDATION 11
MAY NOT BE CONSIDERE D A DEBT OR AN OBLIG ATION OF THE STATE OR THE 12
COMMISSION. 13
(E) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 14
ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE COMMISSION FROM 15
ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF THE FOUNDATION. 16
(2) AN OFFICIAL OR EMPLOY EE OF THE COMMISSION WHO SERVES AS 17
A DIRECTOR OR OFFICI AL OF THE FOUNDATION: 18
(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 19
THE FOUNDATION; AND 20
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 21
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 22
FOUNDATION AS AUTHORI ZED BY THE BOARD OF DIRECTORS OF THE FOUNDATION 23
AND BY THE COMMISSION. 24
(3) (I) THE COMMISSION SHALL NOTI FY THE STATE ETHICS 25
COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL 26
OR EMPLOYEE OF THE COMMISSION T O SERVE AS A DIRECTO R OR OFFICIAL OF THE 27
FOUNDATION. 28
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 29
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 30
NOTIFY THE COMMISSION OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 31
JOINT SERVICE IDENTIFIED I N THE NOTICE. 32
HOUSE BILL 1042 9
(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 1
COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION 2
SHALL REEXAMINE THE MATTER. 3
(4) EACH YEAR , THE COMMISSION SHALL REPO RT TO THE 4
GOVERNOR, THE STATE ETHICS COMMISSION, AND, IN ACCORDANCE WITH § 2–1257 5
OF THE STATE GOVERNMENT ARTICLE, THE LEGISLATIVE POLICY COMMITTEE: 6
(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 7
AS A DIRECTOR OR OFF ICIAL OF THE FOUNDATION; AND 8
(II) HOW THE POLICIES AND PROCEDURES ADOPT ED UNDER 9
SUBSECTION (C) OF THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING 10
YEAR. 11
(F) (1) NO FUNDS MAY BE ACCEP TED BY THE COMMISSION FROM THE 12
FOUNDATION UNLESS AN INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT AUDITS 13
THE FISCAL AFFAIRS O F THE FOUNDATION EACH YEAR . 14
(2) FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION MAY 15
NOT INCLUDE PRECONDI TIONS ON THE USE OF THE FUNDS. 16
24–511. 17
(a) (1) There is a Historic St. Mary’s City Fund. 18
(H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 19
AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 20
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 31, 21
2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in 22
accordance with § 2–1257 of the State Government Article, on the Commission’s progress 23
in addressing the concerns raised by its most recent independent audit. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
1, 2023. 26