MD
Maryland Senate Bill SB639

Maryland 2023 Regular Session

Maryland Senate Bill SB639 Compare Versions

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1- WES MOORE, Governor Ch. 129
21
3-– 1 –
4-Chapter 129
5-(Senate Bill 639)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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+ *sb0639*
89
9-Historic St. Mary’s City Commission Reform Act of 2023
10+SENATE BILL 639
11+P1 3lr2807
12+ CF HB 1042
13+By: Senator Bailey
14+Introduced and read first time: February 6, 2023
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 9, 2023
1019
11-FOR the purpose of altering certain provisions of law governing the Historic St. Mary’s City
12-Commission, including laws relating to membership of the Commission,
13-appointment of certain officers, meeting times, and duties; specifying the process for
14-the Commission to collaborate with the Historic St. Mary’s City Foundation an
15-affiliated nonprofit organization; and generally relating to the Historic St. Mary’s
16-City Commission.
20+CHAPTER ______
1721
18-BY repealing and reenacting, with amendments,
19- Article – Education
20-Section 24–505, 24–506, 24–507(b), and 24–508
21- Annotated Code of Maryland
22- (2022 Replacement Volume)
22+AN ACT concerning 1
2323
24-BY adding to
25- Article – Education
26-Section 24–508.1 and 24–511(h)
27- Annotated Code of Maryland
28- (2022 Replacement Volume)
24+Historic St. Mary’s City Commission Reform Act of 2023 2
2925
30-BY repealing and reenacting, without amendments,
31- Article – Education
32-Section 24–511(a)(1)
33- Annotated Code of Maryland
34- (2022 Replacement Volume)
26+FOR the purpose of altering certain provisions of law governing the Historic St. Mary’s City 3
27+Commission, including laws relating to membership of the Commission, 4
28+appointment of certain officers, meeting times, and duties; specifying the process for 5
29+the Commission to collaborate with the Historic St. Mary’s City Foundation an 6
30+affiliated nonprofit organization; and generally relating to the Historic St. Mary’s 7
31+City Commission. 8
3532
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
33+BY repealing and reenacting, with amendments, 9
34+ Article – Education 10
35+Section 24–505, 24–506, 24–507(b), and 24–508 11
36+ Annotated Code of Maryland 12
37+ (2022 Replacement Volume) 13
3838
39-Article – Education
39+BY adding to 14
40+ Article – Education 15
41+Section 24–508.1 and 24–511(h) 16
42+ Annotated Code of Maryland 17
43+ (2022 Replacement Volume) 18
4044
41-24–505.
45+BY repealing and reenacting, without amendments, 19
46+ Article – Education 20
47+Section 24–511(a)(1) 21
48+ Annotated Code of Maryland 22 2 SENATE BILL 639
4249
43- (a) The Historic St. Mary’s City Commission consists of [seventeen members.
4450
45- (b) Of the Commission] THE FOLLOWING members:
51+ (2022 Replacement Volume) 1
4652
47- (1) [Thirteen] FOURTEEN VOTING MEMBERS WHO shall be appointed by
48-the Governor with the advice and consent of the Senate as follows: Ch. 129 2023 LAWS OF MARYLAND
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
4955
50-– 2 –
56+Article – Education 4
5157
52- (i) Three shall be distinguished scholars, one of whom shall be an
53-archaeologist, one of whom shall be a colonial historian, and one of whom shall be an
54-educator;
58+24–505. 5
5559
56- (ii) One shall be a representative from a prominent historical
57-museum;
60+ (a) The Historic St. Mary’s City Commission consists of [seventeen members. 6
5861
59- (iii) Three shall be members of the Maryland business community,
60-one of whom is in business in the St. Mary’s County community; AND
62+ (b) Of the Commission] THE FOLLOWING members: 7
6163
62- (iv) [Six] SEVEN shall be members of the general public, at least two
63-of whom are residents of the St. Mary’s County community; AND
64+ (1) [Thirteen] FOURTEEN VOTING MEMBERS WHO shall be appointed by 8
65+the Governor with the advice and consent of the Senate as follows: 9
6466
65- (V) ONE SHALL BE A REPRES ENTATIVE OF THE NATIVE
66-AMERICAN COMMUNITY , APPOINTED IN CONSULT ATION WITH THE MARYLAND
67-COMMISSION ON INDIAN AFFAIRS;
67+ (i) Three shall be distinguished scholars, one of whom shall be an 10
68+archaeologist, one of whom shall be a colonial historian, and one of whom shall be an 11
69+educator; 12
6870
69- (2) TWO VOTING MEMBERS AS FOLLOWS:
71+ (ii) One shall be a representative from a prominent historical 13
72+museum; 14
7073
71- (I) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE
72-PRESIDENT OF THE SENATE; AND
74+ (iii) Three shall be members of the Maryland business community, 15
75+one of whom is in business in the St. Mary’s County community; AND 16
7376
74- (II) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE
75-SPEAKER OF THE HOUSE; AND
77+ (iv) [Six] SEVEN shall be members of the general public, at least two 17
78+of whom are residents of the St. Mary’s County community; AND 18
7679
77- [(2)] (3) Two shall be ex officio [voting] members as follows:
80+ (V) ONE SHALL BE A REPRES ENTATIVE OF THE NATIVE 19
81+AMERICAN COMMUNITY , APPOINTED IN CONSULT ATION WITH THE MARYLAND 20
82+COMMISSION ON INDIAN AFFAIRS; 21
7883
79- (i) The chairman of the St. Mary’s College of Maryland Board of
80-Trustees or the chairman’s designee WHO IS A VOTING MEMB ER; and
84+ (2) TWO VOTING MEMBERS AS FOLLOWS: 22
8185
82- (ii) The President of the Historic St. Mary’s Foundation[; and
86+ (I) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE 23
87+PRESIDENT OF THE SENATE; AND 24
8388
84- (3) Two shall be ex officio nonvoting members as follows:
89+ (II) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE 25
90+SPEAKER OF THE HOUSE; AND 26
8591
86- (i) The President of the Senate of Maryland or the President’s
87-designee; and
92+ [(2)] (3) Two shall be ex officio [voting] members as follows: 27
8893
89- (ii) The Speaker of the House of Delegates or the Speaker’s designee]
90-WHO IS A NONVOTING M EMBER.
94+ (i) The chairman of the St. Mary’s College of Maryland Board of 28
95+Trustees or the chairman’s designee WHO IS A VOTING MEMB ER; and 29
96+ SENATE BILL 639 3
9197
92- [(c)] (B) The Governor shall consider statewide, regional, and minority
93-representation in making appointments to the Commission.
94- WES MOORE, Governor Ch. 129
9598
96-– 3 –
97- [(d)] (C) (1) The term of a member of the Commission, excluding an ex officio
98-member, is 4 years and until a successor is appointed and qualifies. These terms are
99-staggered as required by the terms of members as of July 1, 1997.
99+ (ii) The President of the Historic St. Mary’s Foundation[; and 1
100100
101- (2) A member appointed to fill a vacancy in an unexpired term serves only
102-for the remainder of that term and until a successor is appointed and qualifies.
101+ (3) Two shall be ex officio nonvoting members as follows: 2
103102
104- (3) A member may be appointed to no more than two full consecutive terms.
105-A member who has served less than a full 4–year term may be reappointed to two full
106-terms.
103+ (i) The President of the Senate of Maryland or the President’s 3
104+designee; and 4
107105
108-24–506.
106+ (ii) The Speaker of the House of Delegates or the Speaker’s designee] 5
107+WHO IS A NONVOTING M EMBER. 6
109108
110- (a) (1) From among its members the Commission shall elect:
109+ [(c)] (B) The Governor shall consider statewide, regional, and minority 7
110+representation in making appointments to the Commission. 8
111111
112- (i) A chairman;
112+ [(d)] (C) (1) The term of a member of the Commission, excluding an ex officio 9
113+member, is 4 years and until a successor is appointed and qualifies. These terms are 10
114+staggered as required by the terms of members as of July 1, 1997. 11
113115
114- (ii) A vice chairman; and
116+ (2) A member appointed to fill a vacancy in an unexpired term serves only 12
117+for the remainder of that term and until a successor is appointed and qualifies. 13
115118
116- (iii) Any other officer the Commission requires.
119+ (3) A member may be appointed to no more than two full consecutive terms. 14
120+A member who has served less than a full 4–year term may be reappointed to two full 15
121+terms. 16
117122
118- (2) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS
119-PARAGRAPH , THE manner of election of officers and their terms of office shall be as the
120-Commission determines.
123+24–506. 17
121124
122- (II) OFFICERS OF THE COMMISSION SHALL BE S ELECTED FROM
123-THE APPOINTED MEMBER S OF THE COMMISSION.
125+ (a) (1) From among its members the Commission shall elect: 18
124126
125- (b) (1) The Commission shall adopt bylaws setting forth the manner in which
126-it will conduct its business and otherwise carry out the duties assigned to it, including the
127-establishment of standing committees to propose policies, review operations, and advise the
128-Commission in the areas of:
127+ (i) A chairman; 19
129128
130- (i) Land use, archaeology, historical research, collections
131-management, and capital projects;
129+ (ii) A vice chairman; and 20
132130
133- (ii) Educational programming, public programs, and public affairs
134-with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to
135-the region, State, and nation;
131+ (iii) Any other officer the Commission requires. 21
136132
137- (iii) Long–range planning, fund–raising, from both public and private
138-sources, as well as other revenue raising programs with a view to securing long–term
139-financial capital and operating support for Historic St. Mary’s City; and
133+ (2) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS 22
134+PARAGRAPH , THE manner of election of officers and their terms of office shall be as the 23
135+Commission determines. 24
140136
141- (iv) Financial and administrative affairs, including property
142-management, personnel, procurement, legal, accounting, audit, and investment policies. Ch. 129 2023 LAWS OF MARYLAND
137+ (II) OFFICERS OF THE COMMISSION SHALL BE S ELECTED FROM 25
138+THE APPOINTED MEMBER S OF THE COMMISSION. 26
143139
144-– 4 –
140+ (b) (1) The Commission shall adopt bylaws setting forth the manner in which 27
141+it will conduct its business and otherwise carry out the duties assigned to it, including the 28
142+establishment of standing committees to propose policies, review operations, and advise the 29
143+Commission in the areas of: 30
144+ 4 SENATE BILL 639
145145
146- (2) The chairman of the Commission shall appoint each Commissioner to
147-one of the standing committees and such other committees as the Commission from time to
148-time determines to appoint for special purposes. The chairman shall designate a chair of
149-each committee.
150146
151- (c) (1) There shall be an executive committee of the Commission which shall
152-have as its members the chairman, the vice chairman, and the chair of each standing
153-committee.
147+ (i) Land use, archaeology, historical research, collections 1
148+management, and capital projects; 2
154149
155- (2) The executive committee shall be delegated such powers as the
156-Commission shall determine by resolution or by law and shall report to the full Commission
157-all actions taken or considered by the committee at the next meeting of the full Commission.
150+ (ii) Educational programming, public programs, and public affairs 3
151+with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to 4
152+the region, State, and nation; 5
158153
159- (d) (1) (I) The full Commission shall meet at least two times a year at
160-Historic St. Mary’s City.
154+ (iii) Long–range planning, fund–raising, from both public and private 6
155+sources, as well as other revenue raising programs with a view to securing long–term 7
156+financial capital and operating support for Historic St. Mary’s City; and 8
161157
162- (II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES
163-A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY .
158+ (iv) Financial and administrative affairs, including property 9
159+management, personnel, procurement, legal, accounting, audit, and investment policies. 10
164160
165- (2) The executive committee shall meet at least four times a year, or such
166-additional meetings as are necessary or convenient for the proper direction of Historic St.
167-Mary’s City.
161+ (2) The chairman of the Commission shall appoint each Commissioner to 11
162+one of the standing committees and such other committees as the Commission from time to 12
163+time determines to appoint for special purposes. The chairman shall designate a chair of 13
164+each committee. 14
168165
169- (3) Standing committees shall meet or confer as necessary to review and
170-recommend action to the executive committee or full Commission, as the case may be, as
171-issues within their purview arise.
166+ (c) (1) There shall be an executive committee of the Commission which shall 15
167+have as its members the chairman, the vice chairman, and the chair of each standing 16
168+committee. 17
172169
173- [(2)] (4) A majority of the voting members then serving on the
174-Commission is a quorum.
170+ (2) The executive committee shall be delegated such powers as the 18
171+Commission shall determine by resolution or by law and shall report to the full Commission 19
172+all actions taken or considered by the committee at the next meeting of the full Commission. 20
175173
176- (e) A Commissioner may not receive compensation, but is entitled to be
177-reimbursed for expenses incurred while actually engaged in the performance of the
178-Commissioner’s duties in accordance with the Standard State Travel Regulations.
174+ (d) (1) (I) The full Commission shall meet at least two times a year at 21
175+Historic St. Mary’s City. 22
179176
180-24–507.
177+ (II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES 23
178+A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY. 24
181179
182- (b) In addition to any duties provided elsewhere in this subtitle, the Commission
183-has the following duties:
180+ (2) The executive committee shall meet at least four times a year, or such 25
181+additional meetings as are necessary or convenient for the proper direction of Historic St. 26
182+Mary’s City. 27
184183
185- (1) To maintain and carry out the mission of Historic St. Mary’s City;
184+ (3) Standing committees shall meet or confer as necessary to review and 28
185+recommend action to the executive committee or full Commission, as the case may be, as 29
186+issues within their purview arise. 30
186187
187- (2) To protect and preserve the historical and archaeological resources
188-found within the boundaries of Historic St. Mary’s City;
189- WES MOORE, Governor Ch. 129
188+ [(2)] (4) A majority of the voting members then serving on the 31
189+Commission is a quorum. 32
190+ SENATE BILL 639 5
190191
191-– 5 –
192- (3) To identify, study, curate, interpret, and develop the significant historic
193-and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century
194-colonial period;
195192
196- (4) To enhance the role of Historic St. Mary’s City as a statewide
197-educational center for historical archaeology and Maryland colonial history and ultimately
198-to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in
199-our nation’s development;
193+ (e) A Commissioner may not receive compensation, but is entitled to be 1
194+reimbursed for expenses incurred while actually engaged in the performance of the 2
195+Commissioner’s duties in accordance with the Standard State Travel Regulations. 3
200196
201- (5) To develop close working relationships with public and private
202-elementary and secondary schools, local and statewide businesses and governmental
203-agencies, and conduct activities to educate the general public about the history and
204-significance of Historic St. Mary’s City to the State of Maryland and the nation;
197+24–507. 4
205198
206- (6) To seek private and other public grants, gifts, bequests, endowments,
207-and legacies for the development and use of Historic St. Mary’s City;
199+ (b) In addition to any duties provided elsewhere in this subtitle, the Commission 5
200+has the following duties: 6
208201
209- (7) To review and comment on all plans for use and development of the
210-archaeologically or historically significant land and real property of St. Mary’s College of
211-Maryland during the initial planning stage, to conduct such review at a special or regular
212-meeting of the Commission after public notice of the general nature of the plans to be
213-reviewed by the Commission, and thereafter to forward all such comments coincident with
214-any submission made by the College pursuant to § 3–602 of the State Finance and
215-Procurement Article;
202+ (1) To maintain and carry out the mission of Historic St. Mary’s City; 7
216203
217- (8) To prepare an overall strategic plan at least once every 5 years that
218-establishes both short–range and long–range goals, objectives, and priorities for Historic
219-St. Mary’s City in support of its mission; [and]
204+ (2) To protect and preserve the historical and archaeological resources 8
205+found within the boundaries of Historic St. Mary’s City; 9
220206
221- (9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES R EGARDING THE
222-COMMISSION’S OPERATING PROCEDURES , INCLUDING POLICIES O N:
207+ (3) To identify, study, curate, interpret, and develop the significant historic 10
208+and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century 11
209+colonial period; 12
223210
224- (I) PROCUREMENT ;
211+ (4) To enhance the role of Historic St. Mary’s City as a statewide 13
212+educational center for historical archaeology and Maryland colonial history and ultimately 14
213+to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in 15
214+our nation’s development; 16
225215
226- (II) HUMAN RESOURCES ;
216+ (5) To develop close working relationships with public and private 17
217+elementary and secondary schools, local and statewide businesses and governmental 18
218+agencies, and conduct activities to educate the general public about the history and 19
219+significance of Historic St. Mary’s City to the State of Maryland and the nation; 20
227220
228- (III) PAYROLL;
221+ (6) To seek private and other public grants, gifts, bequests, endowments, 21
222+and legacies for the development and use of Historic St. Mary’s City; 22
229223
230- (IV) CASH MANAGEMENT ;
224+ (7) To review and comment on all plans for use and development of the 23
225+archaeologically or historically significant land and real property of St. Mary’s College of 24
226+Maryland during the initial planning stage, to conduct such review at a special or regular 25
227+meeting of the Commission after public notice of the general nature of the plans to be 26
228+reviewed by the Commission, and thereafter to forward all such comments coincident with 27
229+any submission made by the College pursuant to § 3–602 of the State Finance and 28
230+Procurement Article; 29
231231
232- (V) FLEET MANAGEMENT ; AND
232+ (8) To prepare an overall strategic plan at least once every 5 years that 30
233+establishes both short–range and long–range goals, objectives, and priorities for Historic 31
234+St. Mary’s City in support of its mission; [and] 32
233235
234- (VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT
235-WAITING LISTS;
236- Ch. 129 2023 LAWS OF MARYLAND
236+ (9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES R EGARDING THE 33
237+COMMISSION’S OPERATING PROCEDURES , INCLUDING POLICIES O N: 34
237238
238-– 6 –
239- (10) TO DEVELOP A COMPREHENSIVE MAIN TENANCE PLAN AND TO
240-UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS;
239+ (I) PROCUREMENT ; 35 6 SENATE BILL 639
241240
242- (11) TO ANNUALLY REVIEW :
243241
244- (I) THE COMMISSION’S OPERATING AGREEMEN TS; AND
245242
246- (II) THE COMMISSION’S POLICIES ON OPERAT ING
247-PROCEDURES ; AND
243+ (II) HUMAN RESOURCES ; 1
248244
249- [(9)] (12) To report annually to the Governor, and subject to § 2–1257 of
250-the State Government Article, to the General Assembly as to the Commission’s activities
251-during the preceding year, including specifically:
245+ (III) PAYROLL; 2
252246
253- (i) The number of students served as well as the type and numbers
254-of all other visitors;
247+ (IV) CASH MANAGEMENT ; 3
255248
256- (ii) The number of volunteers and total hours contributed to the
257-operation of the museum;
249+ (V) FLEET MANAGEMENT ; AND 4
258250
259- (iii) The amount and types of private and nonstate funds donated,
260-pledged, or otherwise provided; and
251+ (VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT 5
252+WAITING LISTS; 6
261253
262- (iv) Any recommendations or requests the Commission considers
263-appropriate to further the mission of Historic St. Mary’s City.
254+ (10) TO DEVELOP A COMPREHENSIVE MAINTE NANCE PLAN AND TO 7
255+UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS; 8
264256
265-24–508.
257+ (11) TO ANNUALLY REVIEW : 9
266258
267- (a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of
268-St. Mary’s College of Maryland are hereby authorized to undertake joint programs and
269-otherwise to work collaboratively under contract or other agreement acceptable to the
270-governing boards of each institution, for the purpose of furthering the missions of both
271-institutions.
259+ (I) THE COMMISSION’S OPERATING AGREEMEN TS; AND 10
272260
273- [(b)] (2) The Commission and the College may contract or otherwise agree to
274-work jointly to sponsor high quality education programs and activities for both the
275-academic and general communities and for all age groups, including elementary, secondary,
276-college, and adult education programs as well as teacher training programs in curriculum
277-areas of joint focus, such as archaeology, colonial American history, and Chesapeake
278-culture and ecology.
261+ (II) THE COMMISSION’S POLICIES ON OPERAT ING 11
262+PROCEDURES ; AND 12
279263
280- [(c)] (3) The Commission and College may develop jointly beneficial,
281-promotional, marketing, fundraising, tourism, special events, and other outreach efforts.
282- WES MOORE, Governor Ch. 129
264+ [(9)] (12) To report annually to the Governor, and subject to § 2–1257 of 13
265+the State Government Article, to the General Assembly as to the Commission’s activities 14
266+during the preceding year, including specifically: 15
283267
284-– 7 –
285- [(d)] (4) The College and Commission may by contract [or mutual agreement]
286-perform administrative tasks by one institution for the other including, but not limited to,
287-personnel, procurement and insurance c laim processing, purchasing, accounting,
288-information system design, acquisition, installation and service, security, maintenance,
289-historic landscape design, catering and general food services, and archaeological survey
290-and mitigation services.
268+ (i) The number of students served as well as the type and numbers 16
269+of all other visitors; 17
291270
292- [(e)] (5) Provided they are supportive of the distinctive mission of each
293-institution, the Commission and College may undertake any other joint activity or action
294-by formal or informal agreement or contract.
271+ (ii) The number of volunteers and total hours contributed to the 18
272+operation of the museum; 19
295273
296- [(f)] (6) Notwithstanding any joint activities or programs carried out by the
297-College and the Commission, or administrative action undertaken by the College or the
298-Commission for the benefit of the other institution, neither the College nor the Commission
299-shall be liable for any direct or indirect actions of the other institution, or its trustees,
300-Commissioners, employees, or agents as the case may be.
274+ (iii) The amount and types of private and nonstate funds donated, 20
275+pledged, or otherwise provided; and 21
301276
302- (7) IF THE COMMISSION OBTAINS SE RVICES UNDER AN AGRE EMENT
303-WITH THE COLLEGE, THE SERVICES PROVIDE D TO THE COMMISSION SHALL BE I N
304-ACCORDANCE WITH THE COLLEGE’S POLICIES AND PROCEDUR ES.
277+ (iv) Any recommendations or requests the Commission considers 22
278+appropriate to further the mission of Historic St. Mary’s City. 23
305279
306- (B) AN OPERATING AGREEMEN T ENTERED INTO BY TH E COMMISSION WITH
307-ANOTHER UNIT OF STATE GOVERNMENT OR A N AFFILIATED NONPROF IT
308-ORGANIZATION SHALL BE:
280+24–508. 24
309281
310- (1) EXECUTED IN WRITING ;
282+ (a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of 25
283+St. Mary’s College of Maryland are hereby authorized to undertake joint programs and 26
284+otherwise to work collaboratively under contract or other agreement acceptable to the 27
285+governing boards of each institution, for the purpose of furthering the missions of both 28
286+institutions. 29
287+ SENATE BILL 639 7
311288
312- (2) APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE
313-ATTORNEY GENERAL;
314289
315- (3) REVIEWED BY THE COMMISSION ANNUALLY ; AND
290+ [(b)] (2) The Commission and the College may contract or otherwise agree to 1
291+work jointly to sponsor high quality education programs and activities for both the 2
292+academic and general communities and for all age groups, including elementary, secondary, 3
293+college, and adult education programs as well as teacher training programs in curriculum 4
294+areas of joint focus, such as archaeology, colonial American history, and Chesapeake 5
295+culture and ecology. 6
316296
317- (4) ENACTED FOR A TERM NO T EXCEEDING 3 YEARS, WHICH MAY BE
318-RENEWED FOR ADDITIONAL TERMS NOT EXCEEDING 3 YEARS, WITHOUT LIMIT .
297+ [(c)] (3) The Commission and College may develop jointly beneficial, 7
298+promotional, marketing, fundraising, tourism, special events, and other outreach efforts. 8
319299
320-24–508.1.
300+ [(d)] (4) The College and Commission may by contract [or mutual agreement] 9
301+perform administrative tasks by one institution for the other including, but not limited to, 10
302+personnel, procurement and insurance claim processing, purchasing, accounting, 11
303+information system design, acquisition, installation and service, security, maintenance, 12
304+historic landscape design, catering and general food services, and archaeological survey 13
305+and mitigation services. 14
321306
322- (A) IN THIS SECTION , “FOUNDATION AFFILIATED NONPROFIT
323-ORGANIZATION ” MEANS INCLUDES THE HISTORIC ST. MARY’S CITY FOUNDATION.
307+ [(e)] (5) Provided they are supportive of the distinctive mission of each 15
308+institution, the Commission and College may undertake any other joint activity or action 16
309+by formal or informal agreement or contract. 17
324310
325- (B) THE COMMISSION IS ENCOURAGED TO PRO MOTE PRIVATE
326-FUNDRAISING BY STREN GTHENING INSTITUTION AL DEVELOPMENT ACTIV ITIES AND
327-MAY COLLABORATE WITH THE HISTORIC ST. MARY’S CITY FOUNDATION
328-AFFILIATED NONPROFIT ORGANIZATIONS .
329- Ch. 129 2023 LAWS OF MARYLAND
311+ [(f)] (6) Notwithstanding any joint activities or programs carried out by the 18
312+College and the Commission, or administrative action undertaken by the College or the 19
313+Commission for the benefit of the other institution, neither the College nor the Commission 20
314+shall be liable for any direct or indirect actions of the other institution, or its trustees, 21
315+Commissioners, employees, or agents as the case may be. 22
330316
331-– 8 –
332- (C) (1) THE COMMISSION SHALL DEVE LOP POLICIES FOR
333-COLLABORATION WITH THE FOUNDATION AN AFFILIATED NONPRO FIT
334-ORGANIZATION .
317+ (7) IF THE COMMISSION OBTAINS SE RVICES UNDER AN AGRE EMENT 23
318+WITH THE COLLEGE, THE SERVICES PROVIDE D TO THE COMMISSION SHALL BE I N 24
319+ACCORDANCE WITH THE COLLEGE’S POLICIES AND PROCE DURES. 25
335320
336- (2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE
337-COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM
338-AND LEGAL SUFFICIENC Y AND, IF APPROPRIATE , APPROVE THEM TO GOVE RN THE
339-COLLABORATION .
321+ (B) AN OPERATING AGREEMEN T ENTERED INTO BY TH E COMMISSION WITH 26
322+ANOTHER UNIT OF STATE GOVERNMENT OR A N AFFILIATED NONPROF IT 27
323+ORGANIZATION SHALL BE: 28
340324
341- (3) THE STATE ETHICS COMMISSION SHALL REVI EW THE POLICIES
342-THE COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION T HAT
343-PERTAIN TO CONFLICTS OF INTEREST AND , IF APPROPRIATE , APPROVE THEM TO
344-GOVERN AN OFFICIAL O R EMPLOYEE OF THE COMMISSION ALSO SERVI NG AS A
345-DIRECTOR OR OFFICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
346-ORGANIZATION .
325+ (1) EXECUTED IN WRITING ; 29
347326
348- (D) (1) THE FOUNDATION AN AFFILIATED NON PROFIT ORGANIZATION
349-MAY NOT BE CONSIDERE D AN AGENCY OR INSTR UMENTALITY OF THE STATE OR A
350-UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOS E.
327+ (2) APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE 30
328+ATTORNEY GENERAL; 31
351329
352- (2) A FINANCIAL OBLIGATION OR LIABILITY OF THE FOUNDATION AN
353-AFFILIATED NONPROFIT ORGANIZATION MAY NOT BE CONSIDERE D A DEBT OR AN
354-OBLIGATION OF THE STATE OR THE COMMISSION.
330+ (3) REVIEWED BY THE COMMISSION ANNUALLY ; AND 32
355331
356- (E) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS
357-ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE COMMISSION FROM
358-ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF THE FOUNDATION AN AFFILIATED
359-NONPROFIT ORGANIZATI ON.
332+ (4) ENACTED FOR A TERM NO T EXCEEDING 3 YEARS, WHICH MAY BE 33
333+RENEWED FOR ADDITIONAL TERMS NOT EXCEEDING 3 YEARS, WITHOUT LIMIT . 34
334+ 8 SENATE BILL 639
360335
361- (2) AN OFFICIAL OR EMPLOY EE OF THE COMMISSION WHO SERVES AS
362-A DIRECTOR OR OFFICI AL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
363-ORGANIZATION :
364336
365- (I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY
366-THE FOUNDATION AN AFFILIATED NONPROFIT ORGANIZATION ; AND
337+24–508.1. 1
367338
368- (II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED
369-IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE
370-FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION AS AUTHORIZED BY THE
371-BOARD OF DIRECTORS O F THE FOUNDATION AN AFFILIATED NONPRO FIT
372-ORGANIZATION AND BY THE COMMISSION.
373- WES MOORE, Governor Ch. 129
339+ (A) IN THIS SECTION , “FOUNDATION AFFILIATED NONPROFIT 2
340+ORGANIZATION ” MEANS INCLUDES THE HISTORIC ST. MARY’S CITY FOUNDATION. 3
374341
375-– 9 –
376- (3) (I) THE COMMISSION SHALL NOTI FY THE STATE ETHICS
377-COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL
378-OR EMPLOYEE OF THE COMMISSION TO SERVE A S A DIRECTOR OR OFFI CIAL OF THE
379-FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION .
342+ (B) THE COMMISSION IS ENCOURAGED TO PRO MOTE PRIVATE 4
343+FUNDRAISING BY STREN GTHENING INSTITUTION AL DEVELOPMENT ACTIV ITIES AND 5
344+MAY COLLABORATE WITH THE HISTORIC ST. MARY’S CITY FOUNDATION 6
345+AFFILIATED NONPROFIT ORGANIZATIONS . 7
380346
381- (II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER
382-SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL
383-NOTIFY THE COMMISSION OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE
384-JOINT SERVICE IDENTI FIED IN THE NOTICE .
347+ (C) (1) THE COMMISSION SHALL DEVE LOP POLICIES FOR 8
348+COLLABORATION WITH THE FOUNDATION AN AFFILIATED NONPRO FIT 9
349+ORGANIZATION . 10
385350
386- (III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS
387-COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION
388-SHALL REEXAMINE THE MATTER.
351+ (2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE 11
352+COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM 12
353+AND LEGAL SUFFICIENC Y AND, IF APPROPRIATE , APPROVE THEM TO GOVE RN THE 13
354+COLLABORATION . 14
389355
390- (4) EACH YEAR , THE COMMISSION SHALL REPO RT TO THE
391-GOVERNOR, THE STATE ETHICS COMMISSION, AND, IN ACCORDANCE WITH § 2–1257
392-OF THE STATE GOVERNMENT ARTICLE, THE LEGISLATIVE POLICY COMMITTEE:
356+ (3) THE STATE ETHICS COMMISSION SHALL REVI EW THE POLICIES 15
357+THE COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION T HAT 16
358+PERTAIN TO CONFLICTS OF INTEREST AND , IF APPROPRIATE , APPROVE THEM TO 17
359+GOVERN AN OFFICIAL O R EMPLOYEE OF THE COMMISSION ALSO SERVI NG AS A 18
360+DIRECTOR OR OFFICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT 19
361+ORGANIZATION . 20
393362
394- (I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING
395-AS A DIRECTOR OR OFF ICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
396-ORGANIZATION ; AND
363+ (D) (1) THE FOUNDATION AN AFFILIATED NONPROFIT ORGANIZATI ON 21
364+MAY NOT BE CONSIDERE D AN AGENCY OR INSTR UMENTALITY OF THE STATE OR A 22
365+UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOS E. 23
397366
398- (II) HOW THE POLICIES AND PROCEDURES ADOPTED U NDER
399-SUBSECTION (C) OF THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING
400-YEAR.
367+ (2) A FINANCIAL OBLIGATION OR LIABILITY OF THE FOUNDATION AN 24
368+AFFILIATED NONPROFIT ORGANIZATION MAY NOT BE CONSIDERE D A DEBT OR AN 25
369+OBLIGATION OF THE STATE OR THE COMMISSION. 26
401370
402- (F) (1) NO FUNDS MAY BE ACCEP TED BY THE COMMISSION FROM THE
403-FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATI ON UNLESS AN
404-INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT AUDITS THE FISCAL AF FAIRS OF
405-THE FOUNDATION AFFILIATED NONPROFIT ORGANIZATION EACH YEAR.
371+ (E) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 27
372+ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE COMMISSION FROM 28
373+ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF THE FOUNDATION AN AFFILIATED 29
374+NONPROFIT ORGANIZATI ON. 30
406375
407- (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
408-PARAGRAPH , FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION AN
409-AFFILIATED NONPROFIT ORGANIZATION MAY NOT INCLUDE PREC ONDITIONS ON
410-THE USE OF THE FUNDS .
376+ (2) AN OFFICIAL OR EMPLOY EE OF THE COMMISSION WHO SERVES AS 31
377+A DIRECTOR OR OFFICI AL OF THE FOUNDATION AN AFFILIATED NONPRO FIT 32
378+ORGANIZATION : 33
379+ SENATE BILL 639 9
411380
412- (II) FUNDS GIVEN TO THE COMMISSION THROUGH THE
413-FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION FROM A DONOR MAY
414-INCLUDE CONDITIONS A T THE DONOR’S REQUEST.
415381
416-24–511.
382+ (I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 1
383+THE FOUNDATION AN AFFILIATED NONPROFIT ORGANIZATION ; AND 2
417384
418- (a) (1) There is a Historic St. Mary’s City Fund.
419- Ch. 129 2023 LAWS OF MARYLAND
385+ (II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 3
386+IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 4
387+FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION AS AUTHORIZED BY THE 5
388+BOARD OF DIRECTORS O F THE FOUNDATION AN AFFILIATED NONPRO FIT 6
389+ORGANIZATION AND BY THE COMMISSION. 7
420390
421-– 10 –
422- (H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE
423-AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE.
391+ (3) (I) THE COMMISSION SHALL NOTI FY THE STATE ETHICS 8
392+COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL 9
393+OR EMPLOYEE OF THE COMMISSION TO SERVE A S A DIRECTOR OR OFFI CIAL OF THE 10
394+FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION . 11
424395
425- SECTION 2. AND BE IT FURTHER ENACTED, That a presently existing obligation
426-or contract right may not be impaired in any way by this Act.
396+ (II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 12
397+SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 13
398+NOTIFY THE COMMISSION OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 14
399+JOINT SERVICE IDENTI FIED IN THE NOTICE . 15
427400
428- SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31,
429-2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in
430-accordance with § 2–1257 of the State Government Article, on the Commission’s progress
431-in addressing the concerns raised by its most recent independent audit.
401+ (III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 16
402+COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION 17
403+SHALL REEXAMINE THE MATTER. 18
432404
433- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
434-June 1, 2023.
405+ (4) EACH YEAR , THE COMMISSION SHALL REPO RT TO THE 19
406+GOVERNOR, THE STATE ETHICS COMMISSION, AND, IN ACCORDANCE WITH § 2–1257 20
407+OF THE STATE GOVERNMENT ARTICLE, THE LEGISLATIVE POLICY COMMITTEE: 21
435408
436-Approved by the Governor, April 24, 2023.
409+ (I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 22
410+AS A DIRECTOR OR OFF ICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT 23
411+ORGANIZATION ; AND 24
412+
413+ (II) HOW THE POLICIES AND PROCEDURES ADOPTED U NDER 25
414+SUBSECTION (C) OF THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING 26
415+YEAR. 27
416+
417+ (F) (1) NO FUNDS MAY BE ACCEP TED BY THE COMMISSION FROM THE 28
418+FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATI ON UNLESS AN 29
419+INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT AUDITS THE FISCAL AF FAIRS OF 30
420+THE FOUNDATION AFFILIATED NONPROFIT ORGANIZATION EACH YEAR. 31
421+
422+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 32
423+PARAGRAPH , FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION AN 33
424+AFFILIATED NONPROFIT ORGANIZATION MAY NOT INCLUDE PREC ONDITIONS ON 34
425+THE USE OF THE FUNDS . 35 10 SENATE BILL 639
426+
427+
428+
429+ (II) FUNDS GIVEN TO THE COMMISSION THROUGH THE 1
430+FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION FROM A DONOR MAY 2
431+INCLUDE CONDITIONS A T THE DONOR’S REQUEST. 3
432+
433+24–511. 4
434+
435+ (a) (1) There is a Historic St. Mary’s City Fund. 5
436+
437+ (H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 6
438+AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 7
439+
440+ SECTION 2. AND BE IT FURTHER ENACTED, That a presently existing obligation 8
441+or contract right may not be impaired in any way by this Act. 9
442+
443+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31, 10
444+2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in 11
445+accordance with § 2–1257 of the State Government Article, on the Commission’s progress 12
446+in addressing the concerns raised by its most recent independent audit. 13
447+
448+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
449+June 1, 2023. 15
450+
451+
452+
453+
454+Approved:
455+________________________________________________________________________________
456+ Governor.
457+________________________________________________________________________________
458+ President of the Senate.
459+________________________________________________________________________________
460+ Speaker of the House of Delegates.