Maryland 2023 Regular Session

Maryland House Bill HB348 Compare Versions

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1- WES MOORE, Governor Ch. 787
21
3-– 1 –
4-Chapter 787
5-(House Bill 348)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *hb0348*
89
9-Baltimore County – School Board Nominating Commission – Vacancy
10-Procedures
10+HOUSE BILL 348
11+F3 3lr1818
12+HB 468/21 – W&M
13+By: Delegate Forbes Baltimore County Delegation
14+Introduced and read first time: January 26, 2023
15+Assigned to: Ways and Means
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 9, 2023
1119
12-FOR the purpose of requiring the Baltimore County School Board Nominating Commission
13-to hold a public hearing on the selection of a nominee for a single vacancy on the
14-Baltimore County Board of Education in a certain manner under certain
15-circumstances; requiring the Commission to make publicly available on its website
16-live video streaming of certain public hearings and certain archived video recordings;
17-authorizing the Commission to retain and reactivate the applications of certain
18-candidates for certain vacancies on the county board; and generally relating to the
19-Baltimore County School Board Nominating Commission.
20+CHAPTER ______
2021
21-BY repealing and reenacting, with amendments,
22- Article – Education
23-Section 3–2B–03
24- Annotated Code of Maryland
25- (2022 Replacement Volume)
22+AN ACT concerning 1
2623
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
24+Baltimore County – School Board Nominating Commission – Vacancy 2
25+Procedures 3
2926
30-Article – Education
27+FOR the purpose of requiring the Baltimore County School Board Nominating Commission 4
28+to hold a public hearing on the selection of a nominee for a single vacancy on the 5
29+Baltimore County Board of Education in a certain manner under certain 6
30+circumstances; requiring the Commission to make publicly available on its website 7
31+live video streaming of certain public hearings and certain archived video recordings; 8
32+authorizing the Commission to retain and reactivate the applications of certain 9
33+candidates for certain vacancies on the county board; and generally relating to the 10
34+Baltimore County School Board Nominating Commission. 11
3135
32-3–2B–03.
36+BY repealing and reenacting, with amendments, 12
37+ Article – Education 13
38+Section 3–2B–03 14
39+ Annotated Code of Maryland 15
40+ (2022 Replacement Volume) 16
3341
34- (a) (1) There is a Baltimore County School Board Nominating Commission.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
43+That the Laws of Maryland read as follows: 18
3544
36- (2) The purpose of the Commission is to select nominees to be
37-recommended to the Governor as qualified candidates for appointment to the Baltimore
38-County Board of Education.
45+Article – Education 19
3946
40- (3) (I) The Commission shall hold at least three public hearings, each
41-in a different councilmanic district, on the selection of MULTIPLE nominees before
42-recommending to the Governor nominees for appointment to the county board.
47+3–2B–03. 20
48+ 2 HOUSE BILL 348
4349
44- (II) FOR A SINGLE VACANCY ON THE COUNTY BOARD , THE
45-COMMISSION SHALL HOLD PUBLIC MEETINGS IN T HE FOLLOWING MANNER ON THE
46-SELECTION OF A NOMIN EE BEFORE RECOMMENDI NG TO THE GOVERNOR THE
47-NOMINEE FOR APPOINTMENT TO THE C OUNTY BOARD :
48- Ch. 787 2023 LAWS OF MARYLAND
4950
50-– 2 –
51- 1. FOR A VACANCY IN A CO UNCILMANIC DISTRICT , AT
52-LEAST ONE PUBLIC MEE TING IN THAT COUNCIL MANIC DISTRICT; OR
51+ (a) (1) There is a Baltimore County School Board Nominating Commission. 1
5352
54- 2. FOR A VACANCY FOR A M EMBER APPOINTED AT
55-LARGE, AT LEAST ONE PUBLIC MEETING AT THE COUNT Y BOARD ADMINIST RATIVE
56-OFFICES.
53+ (2) The purpose of the Commission is to select nominees to be 2
54+recommended to the Governor as qualified candidates for appointment to the Baltimore 3
55+County Board of Education. 4
5756
58- (III) THE COMMISSION SHALL MAKE PUBLICLY AVAILABLE O N
59-ITS WEBSITE:
57+ (3) (I) The Commission shall hold at least three public hearings, each 5
58+in a different councilmanic district, on the selection of MULTIPLE nominees before 6
59+recommending to the Governor nominees for appointment to the county board. 7
6060
61- 1. LIVE VIDEO STREAMING OF EACH PUBLIC MEETI NG;
62-AND
61+ (II) FOR A SINGLE VACANCY ON THE COUNTY BOARD , THE 8
62+COMMISSION SHALL HOLD PUBLIC MEETINGS IN T HE FOLLOWING MANNER ON THE 9
63+SELECTION OF A NOMIN EE BEFORE RECOMMENDING TO THE GOVERNOR THE 10
64+NOMINEE FOR APPOINTM ENT TO THE COUNTY BO ARD: 11
6365
64- 2. A COMPLETE AND UNEDITE D ARCHIVED VIDEO
65-RECORDING OF EACH PU BLIC MEETING FOR WHI CH LIVE STREAMING WA S MADE
66-AVAILABLE UNDER ITEM 1 OF THIS SUBPARAGRAPH .
66+ 1. FOR A VACANCY IN A CO UNCILMANIC DISTRICT , AT 12
67+LEAST ONE PUBLIC MEE TING IN THAT COUNCIL MANIC DISTRICT; OR 13
6768
68- (b) (1) The Commission consists of 19 members who shall be appointed in
69-accordance with this subsection.
69+ 2. FOR A VACANCY FOR A M EMBER APPOINTED AT 14
70+LARGE, AT LEAST ONE PUBLIC MEE TING AT THE COUNTY B OARD ADMINISTRATIVE 15
71+OFFICES. 16
7072
71- (2) The Commission shall reflect the rich cultural, geographic, ethnic, and
72-racial diversity of Baltimore County.
73+ (III) THE COMMISSION SHALL MAKE PUBLICLY AVAILABLE O N 17
74+ITS WEBSITE: 18
7375
74- (3) The Governor, in consultation with the County Executive of Baltimore
75-County, shall appoint eight members, one from each legislative district that lies in whole
76-or in part in Baltimore County.
76+ 1. LIVE VIDEO STREAMING OF EACH PUBLIC MEETI NG; 19
77+AND 20
7778
78- (4) The County Executive of Baltimore County shall appoint one member
79-from the county at large.
79+ 2. A COMPLETE AND UNEDITE D ARCHIVED VIDEO 21
80+RECORDING OF EACH PUBLIC MEETING FOR WHICH LIVE STREA MING WAS MADE 22
81+AVAILABLE UNDER ITEM 1 OF THIS SUBPARAGRAPH . 23
8082
81- (5) The following organizations each shall appoint one member:
83+ (b) (1) The Commission consists of 19 members who shall be appointed in 24
84+accordance with this subsection. 25
8285
83- (i) The Teachers Association of Baltimore County;
86+ (2) The Commission shall reflect the rich cultural, geographic, ethnic, and 26
87+racial diversity of Baltimore County. 27
8488
85- (ii) The Baltimore County Chamber of Commerce;
89+ (3) The Governor, in consultation with the County Executive of Baltimore 28
90+County, shall appoint eight members, one from each legislative district that lies in whole 29
91+or in part in Baltimore County. 30
8692
87- (iii) The PTA Council of Baltimore County, Inc.;
93+ (4) The County Executive of Baltimore County shall appoint one member 31
94+from the county at large. 32
95+ HOUSE BILL 348 3
8896
89- (iv) Towson University;
9097
91- (v) The League of Women Voters of Baltimore County;
98+ (5) The following organizations each shall appoint one member: 1
9299
93- (vi) The Baltimore County Branch of the National Association for the
94-Advancement of Colored People;
95- WES MOORE, Governor Ch. 787
100+ (i) The Teachers Association of Baltimore County; 2
96101
97-– 3 –
98- (vii) The Baltimore County Public Schools’ Special Education
99-Citizens’ Advisory Committee;
102+ (ii) The Baltimore County Chamber of Commerce; 3
100103
101- (viii) The Baltimore County Student Councils;
104+ (iii) The PTA Council of Baltimore County, Inc.; 4
102105
103- (ix) The Council of Administrative and Supervisory Employees; and
106+ (iv) Towson University; 5
104107
105- (x) The Education Support Personnel of Baltimore County.
108+ (v) The League of Women Voters of Baltimore County; 6
106109
107- (c) (1) The County Executive of Baltimore County shall designate one of the
108-Commission’s members as chair of the Commission.
110+ (vi) The Baltimore County Branch of the National Association for the 7
111+Advancement of Colored People; 8
109112
110- (2) The term of the chair of the Commission is 4 years.
113+ (vii) The Baltimore County Public Schools’ Special Education 9
114+Citizens’ Advisory Committee; 10
111115
112- (3) The term of a member of the Commission is 4 years.
116+ (viii) The Baltimore County Student Councils; 11
113117
114- (d) The Baltimore County Public Schools shall provide staff for the Commission.
118+ (ix) The Council of Administrative and Supervisory Employees; and 12
115119
116- (e) Beginning October 1, 2018, for each nomination for a vacancy on the county
117-board, the Commission shall submit to the Governor a list of nominees that contains:
120+ (x) The Education Support Personnel of Baltimore County. 13
118121
119- (1) At least two names for each vacancy; or
122+ (c) (1) The County Executive of Baltimore County shall designate one of the 14
123+Commission’s members as chair of the Commission. 15
120124
121- (2) If there are fewer than two applicants for a vacancy, the number of
122-names that is equal to the number of applicants for the vacancy.
125+ (2) The term of the chair of the Commission is 4 years. 16
123126
124- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
125-COMMISSION MAY RETAIN AND REACTIVATE THE A PPLICATION OF A CANDIDATE
126-FOR A VACANCY ON THE COUNTY BOARD FOR UP TO 2 YEARS FROM THE DATE THE
127-COMMISSION SUBMITTED THE LIST OF NOMINEES TO THE GOVERNOR FOR THE
128-VACANCY FOR WHICH TH E APPLICANT WAS INIT IALLY CONSIDERED .
127+ (3) The term of a member of the Commission is 4 years. 17
129128
130- (2) (I) THE COMMISSION MAY REACTI VATE THE APPLICATION OF
131-A CANDIDATE UNDER PA RAGRAPH (1) OF THIS SUBSECTION O NLY WITH THE
132-CONSENT OF THE APPLI CANT.
129+ (d) The Baltimore County Public Schools shall provide staff for the Commission. 18
133130
134- (II) TO REACTIVATE AN APPL ICATION UNDER THIS
135-SUBSECTION, THE COMMISSION SHALL :
131+ (e) Beginning October 1, 2018, for each nomination for a vacancy on the county 19
132+board, the Commission shall submit to the Governor a list of nominees that contains: 20
136133
137- 1. WITHIN 14 DAYS AFTER THE DATE OF THE NEW
138-VACANCY, SEND A NOTICE TO THE APPLIC ANT REQUESTING CONSE NT TO
139-REACTIVATE THE APPLICANT’S APPLICATION; AND
134+ (1) At least two names for each vacancy; or 21
140135
141- 2. WITHIN 14 DAYS AFTER THE DATE THE APPLICA NT
142-RECEIVED THE NOTICE UNDER ITEM 1 OF THIS SUBPARAGRAPH , RECEIVE THE Ch. 787 2023 LAWS OF MARYLAND
136+ (2) If there are fewer than two applicants for a vacancy, the number of 22
137+names that is equal to the number of applicants for the vacancy. 23
143138
144-– 4 –
145-CONSENT OF THE APPLI CANT.
139+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 24
140+COMMISSION MAY RETAIN AND REACTIVATE THE A PPLICATION OF A CAND IDATE 25
141+FOR A VACANCY ON THE COUNTY BOARD FOR UP TO 2 YEARS FROM THE DATE THE 26
142+COMMISSION SUBMITTED THE LIST OF NOMINEES TO THE GOVERNOR FOR THE 27
143+VACANCY FOR WHICH TH E APPLICANT WAS INIT IALLY CONSIDERED. 28 4 HOUSE BILL 348
146144
147- [(f)] (G) (1) Absent an extraordinary circumstance, the Governor shall
148-appoint a member to the county board from the list provided by the Commission.
149145
150- (2) If the Governor elects not to appoint a member from a list submitted by
151-the Commission, the Governor shall return the list to the Commission and request that the
152-Commission submit the names of additional qualified candidates.
153146
154- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
155-1, 2023.
147+ (2) (I) THE COMMISSION MAY REACTI VATE THE APPLICATION OF 1
148+A CANDIDATE UNDER PA RAGRAPH (1) OF THIS SUBSECTION O NLY WITH THE 2
149+CONSENT OF THE APPLI CANT. 3
156150
157-Approved by the Governor, May 16, 2023.
151+ (II) TO REACTIVATE AN APPL ICATION UNDER THIS 4
152+SUBSECTION, THE COMMISSION SHALL : 5
153+
154+ 1. WITHIN 14 DAYS AFTER THE DATE OF THE NEW 6
155+VACANCY, SEND A NOTICE TO THE APPLICANT REQUESTING CONSENT TO 7
156+REACTIVATE THE APPLICANT’S APPLICATION; AND 8
157+
158+ 2. WITHIN 14 DAYS AFTER THE DATE THE APPLICA NT 9
159+RECEIVED THE NOTICE UNDER ITEM 1 OF THIS SUBPARAGRAPH , RECEIVE THE 10
160+CONSENT OF THE APPLI CANT. 11
161+
162+ [(f)] (G) (1) Absent an extraordinary circumstance, the Governor shall 12
163+appoint a member to the county board from the list provided by the Commission. 13
164+
165+ (2) If the Governor elects not to appoint a member from a list submitted by 14
166+the Commission, the Governor shall return the list to the Commission and request that the 15
167+Commission submit the names of additional qualified candidates. 16
168+
169+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
170+1, 2023. 18
171+
172+
173+
174+
175+Approved:
176+________________________________________________________________________________
177+ Governor.
178+________________________________________________________________________________
179+ Speaker of the House of Delegates.
180+________________________________________________________________________________
181+ President of the Senate.