EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0639*
SENATE BILL 639
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By: Senator Bailey
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
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 SENATE BILL 639
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 PUBLIC, APPOINTED BY THE 16
PRESIDENT OF THE SENATE; AND 17
(II) ONE MEMBER OF THE PUBLIC, APPOINTED BY THE 18
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 MEMB ER; and 22
(ii) The President of the Historic St. Mary’s Foundation[; and 23
(3) Two shall be ex officio nonvoting members as follows: 24
(i) The President of the Senate of Maryland or the President’s 25
designee; and 26
(ii) The Speaker of the House of Delegates or the Speaker’s designee] 27
WHO IS A NONVOTING MEMBER . 28
SENATE BILL 639 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 SUBPARAGRAPH (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 SELECTED 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
(iii) Long–range planning, fund–raising, from both public and private 30
sources, as well as other revenue raising programs with a view to securing long–term 31
financial capital and operating support for Historic St. Mary’s City; and 32 4 SENATE BILL 639
(iv) Financial and administrative affairs, including property 1
management, personnel, procurement, legal, accounting, audit, and investment policies. 2
(2) The chairman of the Commission shall appoint each Commissioner to 3
one of the standing committees and such other committees as the Commission from time to 4
time determines to appoint for special purposes. The chairman shall designate a chair of 5
each committee. 6
(c) (1) There shall be an executive committee of the Commission which shall 7
have as its members the chairman, the vice chairman, and the chair of each standing 8
committee. 9
(2) The executive committee shall be delegated such powers as the 10
Commission shall determine by resolution or by law and shall report to the full Commission 11
all actions taken or considered by the committee at the next meeting of the full Commission. 12
(d) (1) (I) The full Commission shall meet at least two times a year at 13
Historic St. Mary’s City. 14
(II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES 15
A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY . 16
(2) The executive committee shall meet at least four times a year, or such 17
additional meetings as are necessary or convenient for the proper direction of Historic St. 18
Mary’s City. 19
(3) Standing committees shall meet or confer as necessary to review and 20
recommend action to the executive committee or full Commission, as the case may be, as 21
issues within their purview arise. 22
[(2)] (4) A majority of the voting members then serving on the 23
Commission is a quorum. 24
(e) A Commissioner may not receive compensation, but is entitled to be 25
reimbursed for expenses incurred while actually engaged in the performance of the 26
Commissioner’s duties in accordance with the Standard State Travel Regulations. 27
24–507. 28
(b) In addition to any duties provided elsewhere in this subtitle, the Commission 29
has the following duties: 30
(1) To maintain and carry out the mission of Historic St. Mary’s City; 31
SENATE BILL 639 5
(2) To protect and preserve the historical and archaeological resources 1
found within the boundaries of Historic St. Mary’s City; 2
(3) To identify, study, curate, interpret, and develop the significant historic 3
and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century 4
colonial period; 5
(4) To enhance the role of Historic St. Mary’s City as a statewide 6
educational center for historical archaeology and Maryland colonial history and ultimately 7
to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in 8
our nation’s development; 9
(5) To develop close working relationships with public and private 10
elementary and secondary schools, local and statewide businesses and governmental 11
agencies, and conduct activities to educate the general public about the history and 12
significance of Historic St. Mary’s City to the State of Maryland and the nation; 13
(6) To seek private and other public grants, gifts, bequests, endowments, 14
and legacies for the development and use of Historic St. Mary’s City; 15
(7) To review and comment on all plans for use and development of the 16
archaeologically or historically significant land and real property of St. Mary’s College of 17
Maryland during the initial planning stage, to conduct such review at a special or regular 18
meeting of the Commission after public notice of the general nature of the plans to be 19
reviewed by the Commission, and thereafter to forward all such comments coincident with 20
any submission made by the College pursuant to § 3–602 of the State Finance and 21
Procurement Article; 22
(8) To prepare an overall strategic plan at least once every 5 years that 23
establishes both short–range and long–range goals, objectives, and priorities for Historic 24
St. Mary’s City in support of its mission; [and] 25
(9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES REGARDING THE 26
COMMISSION’S OPERATING PROCEDUR ES, INCLUDING POLICIES ON : 27
(I) PROCUREMENT ; 28
(II) HUMAN RESOURCES ; 29
(III) PAYROLL; 30
(IV) CASH MANAGEMENT ; 31
(V) FLEET MANAGEMENT ; AND 32
(VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT 33
WAITING LISTS; 34 6 SENATE BILL 639
(10) TO DEVELOP A COMPREHENS IVE MAINTENANCE PLAN AND TO 1
UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS; 2
(11) TO ANNUALLY REVIEW : 3
(I) THE COMMISSION’S OPERATING AGREEMEN TS; AND 4
(II) THE COMMISSION’S POLICIES ON OPERAT ING 5
PROCEDURES ; AND 6
[(9)] (12) To report annually to the Governor, and subject to § 2–1257 of 7
the State Government Article, to the General Assembly as to the Commission’s activities 8
during the preceding year, including specifically: 9
(i) The number of students served as well as the type and numbers 10
of all other visitors; 11
(ii) The number of volunteers and total hours contributed to the 12
operation of the museum; 13
(iii) The amount and types of private and nonstate funds donated, 14
pledged, or otherwise provided; and 15
(iv) Any recommendations or requests the Commission considers 16
appropriate to further the mission of Historic St. Mary’s City. 17
24–508. 18
(a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of 19
St. Mary’s College of Maryland are hereby authorized to undertake joint programs and 20
otherwise to work collaboratively under contract or other agreement acceptable to the 21
governing boards of each institution, for the purpose of furthering the missions of both 22
institutions. 23
[(b)] (2) The Commission and the College may contract or otherwise agree to 24
work jointly to sponsor high quality education programs and activities for both the 25
academic and general communities and for all age groups, including elementary, secondary, 26
college, and adult education programs as well as teacher training programs in curriculum 27
areas of joint focus, such as archaeology, colonial American history, and Chesapeake 28
culture and ecology. 29
[(c)] (3) The Commission and College may develop jointly beneficial, 30
promotional, marketing, fundraising, tourism, special events, and other outreach efforts. 31
SENATE BILL 639 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 THE 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 SUFFICIEN CY 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 COLLABORATE WITH THE HISTORIC ST. MARY’S 26
CITY FOUNDATION. 27
(C) (1) THE COMMISSION SHALL DEVELOP POLICI ES FOR 28
COLLABORATION WITH T HE FOUNDATION. 29
(2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE 30
COMMISSION DEVELOPS UNDER PARAG RAPH (1) OF THIS SUBSECTION F OR FORM 31 8 SENATE BILL 639
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 UNDER PARAG RAPH (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 SERVING 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 EMPLOYEE OF TH E 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 NOTIFY THE STATE ETHICS 25
COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL 26
OR EMPLOYEE OF THE COMMISSION TO SERVE AS A DIRECT OR 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 OBJECTIONS OR CONCERNS PERTAINING TO THE 31
JOINT SERVICE IDENTI FIED IN THE NOTICE . 32
SENATE BILL 639 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 REPORT 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 ADOPTED U NDER 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 A N INDEPENDENT CERTIF IED PUBLIC ACCOUNTAN T AUDITS 13
THE FISCAL AFFAIRS O F THE FOUNDATION EACH YEAR . 14
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH , FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION MAY NOT 16
INCLUDE PRECONDITION S ON THE USE OF THE FUNDS. 17
(II) FUNDS GIVEN TO THE COMMISSION THROUGH THE 18
FOUNDATION FROM A DONOR MAY INCLUDE CONDITIONS AT THE DONOR ’S 19
REQUEST. 20
24–511. 21
(a) (1) There is a Historic St. Mary’s City Fund. 22
(H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 23
AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That , on or before December 31, 25
2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in 26
accordance with § 2–1257 of the State Government Article, on the Commission’s progress 27
in addressing the concerns raised by its most recent independent audit. 28
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 29
1, 2023. 30