WES MOORE, Governor Ch. 129
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Chapter 129
(Senate Bill 639)
AN ACT concerning
Historic St. Mary’s City Commission Reform Act of 2023
FOR the purpose of altering certain provisions of law governing the Historic St. Mary’s City
Commission, including laws relating to membership of the Commission,
appointment of certain officers, meeting times, and duties; specifying the process for
the Commission to collaborate with the Historic St. Mary’s City Foundation an
affiliated nonprofit organization; and generally relating to the Historic St. Mary’s
City Commission.
BY repealing and reenacting, with amendments,
Article – Education
Section 24–505, 24–506, 24–507(b), and 24–508
Annotated Code of Maryland
(2022 Replacement Volume)
BY adding to
Article – Education
Section 24–508.1 and 24–511(h)
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Education
Section 24–511(a)(1)
Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
24–505.
(a) The Historic St. Mary’s City Commission consists of [seventeen members.
(b) Of the Commission] THE FOLLOWING members:
(1) [Thirteen] FOURTEEN VOTING MEMBERS WHO shall be appointed by
the Governor with the advice and consent of the Senate as follows: Ch. 129 2023 LAWS OF MARYLAND
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(i) Three shall be distinguished scholars, one of whom shall be an
archaeologist, one of whom shall be a colonial historian, and one of whom shall be an
educator;
(ii) One shall be a representative from a prominent historical
museum;
(iii) Three shall be members of the Maryland business community,
one of whom is in business in the St. Mary’s County community; AND
(iv) [Six] SEVEN shall be members of the general public, at least two
of whom are residents of the St. Mary’s County community; AND
(V) ONE SHALL BE A REPRES ENTATIVE OF THE NATIVE
AMERICAN COMMUNITY , APPOINTED IN CONSULT ATION WITH THE MARYLAND
COMMISSION ON INDIAN AFFAIRS;
(2) TWO VOTING MEMBERS AS FOLLOWS:
(I) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE
PRESIDENT OF THE SENATE; AND
(II) ONE MEMBER OF THE PUB LIC, APPOINTED BY THE
SPEAKER OF THE HOUSE; AND
[(2)] (3) Two shall be ex officio [voting] members as follows:
(i) The chairman of the St. Mary’s College of Maryland Board of
Trustees or the chairman’s designee WHO IS A VOTING MEMB ER; and
(ii) The President of the Historic St. Mary’s Foundation[; and
(3) Two shall be ex officio nonvoting members as follows:
(i) The President of the Senate of Maryland or the President’s
designee; and
(ii) The Speaker of the House of Delegates or the Speaker’s designee]
WHO IS A NONVOTING M EMBER.
[(c)] (B) The Governor shall consider statewide, regional, and minority
representation in making appointments to the Commission.
WES MOORE, Governor Ch. 129
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[(d)] (C) (1) The term of a member of the Commission, excluding an ex officio
member, is 4 years and until a successor is appointed and qualifies. These terms are
staggered as required by the terms of members as of July 1, 1997.
(2) A member appointed to fill a vacancy in an unexpired term serves only
for the remainder of that term and until a successor is appointed and qualifies.
(3) A member may be appointed to no more than two full consecutive terms.
A member who has served less than a full 4–year term may be reappointed to two full
terms.
24–506.
(a) (1) From among its members the Commission shall elect:
(i) A chairman;
(ii) A vice chairman; and
(iii) Any other officer the Commission requires.
(2) (I) [The] SUBJECT TO SUBPARAGRA PH (II) OF THIS
PARAGRAPH , THE manner of election of officers and their terms of office shall be as the
Commission determines.
(II) OFFICERS OF THE COMMISSION SHALL BE S ELECTED FROM
THE APPOINTED MEMBER S OF THE COMMISSION.
(b) (1) The Commission shall adopt bylaws setting forth the manner in which
it will conduct its business and otherwise carry out the duties assigned to it, including the
establishment of standing committees to propose policies, review operations, and advise the
Commission in the areas of:
(i) Land use, archaeology, historical research, collections
management, and capital projects;
(ii) Educational programming, public programs, and public affairs
with a view to expanding the knowledge of and appreciation for Historic St. Mary’s City to
the region, State, and nation;
(iii) Long–range planning, fund–raising, from both public and private
sources, as well as other revenue raising programs with a view to securing long–term
financial capital and operating support for Historic St. Mary’s City; and
(iv) Financial and administrative affairs, including property
management, personnel, procurement, legal, accounting, audit, and investment policies. Ch. 129 2023 LAWS OF MARYLAND
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(2) The chairman of the Commission shall appoint each Commissioner to
one of the standing committees and such other committees as the Commission from time to
time determines to appoint for special purposes. The chairman shall designate a chair of
each committee.
(c) (1) There shall be an executive committee of the Commission which shall
have as its members the chairman, the vice chairman, and the chair of each standing
committee.
(2) The executive committee shall be delegated such powers as the
Commission shall determine by resolution or by law and shall report to the full Commission
all actions taken or considered by the committee at the next meeting of the full Commission.
(d) (1) (I) The full Commission shall meet at least two times a year at
Historic St. Mary’s City.
(II) THE FULL COMMISSION MAY MEET M ORE THAN TWO TIMES
A YEAR AT HISTORIC ST. MARY’S CITY OR VIRTUALLY .
(2) The executive committee shall meet at least four times a year, or such
additional meetings as are necessary or convenient for the proper direction of Historic St.
Mary’s City.
(3) Standing committees shall meet or confer as necessary to review and
recommend action to the executive committee or full Commission, as the case may be, as
issues within their purview arise.
[(2)] (4) A majority of the voting members then serving on the
Commission is a quorum.
(e) A Commissioner may not receive compensation, but is entitled to be
reimbursed for expenses incurred while actually engaged in the performance of the
Commissioner’s duties in accordance with the Standard State Travel Regulations.
24–507.
(b) In addition to any duties provided elsewhere in this subtitle, the Commission
has the following duties:
(1) To maintain and carry out the mission of Historic St. Mary’s City;
(2) To protect and preserve the historical and archaeological resources
found within the boundaries of Historic St. Mary’s City;
WES MOORE, Governor Ch. 129
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(3) To identify, study, curate, interpret, and develop the significant historic
and archaeological resources of Historic St. Mary’s City with emphasis on the 17th century
colonial period;
(4) To enhance the role of Historic St. Mary’s City as a statewide
educational center for historical archaeology and Maryland colonial history and ultimately
to raise national awareness of the place of St. Mary’s City, its history, people, and ideas in
our nation’s development;
(5) To develop close working relationships with public and private
elementary and secondary schools, local and statewide businesses and governmental
agencies, and conduct activities to educate the general public about the history and
significance of Historic St. Mary’s City to the State of Maryland and the nation;
(6) To seek private and other public grants, gifts, bequests, endowments,
and legacies for the development and use of Historic St. Mary’s City;
(7) To review and comment on all plans for use and development of the
archaeologically or historically significant land and real property of St. Mary’s College of
Maryland during the initial planning stage, to conduct such review at a special or regular
meeting of the Commission after public notice of the general nature of the plans to be
reviewed by the Commission, and thereafter to forward all such comments coincident with
any submission made by the College pursuant to § 3–602 of the State Finance and
Procurement Article;
(8) To prepare an overall strategic plan at least once every 5 years that
establishes both short–range and long–range goals, objectives, and priorities for Historic
St. Mary’s City in support of its mission; [and]
(9) TO DEVELOP AND PUBLIS H WRITTEN POLICIES R EGARDING THE
COMMISSION’S OPERATING PROCEDURES , INCLUDING POLICIES O N:
(I) PROCUREMENT ;
(II) HUMAN RESOURCES ;
(III) PAYROLL;
(IV) CASH MANAGEMENT ;
(V) FLEET MANAGEMENT ; AND
(VI) PROPERTY MANAGEMENT , INCLUDING RENTAL TEN ANT
WAITING LISTS;
Ch. 129 2023 LAWS OF MARYLAND
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(10) TO DEVELOP A COMPREHENSIVE MAIN TENANCE PLAN AND TO
UPDATE THE PLAN AT L EAST ONCE EVERY 3 YEARS;
(11) TO ANNUALLY REVIEW :
(I) THE COMMISSION’S OPERATING AGREEMEN TS; AND
(II) THE COMMISSION’S POLICIES ON OPERAT ING
PROCEDURES ; AND
[(9)] (12) To report annually to the Governor, and subject to § 2–1257 of
the State Government Article, to the General Assembly as to the Commission’s activities
during the preceding year, including specifically:
(i) The number of students served as well as the type and numbers
of all other visitors;
(ii) The number of volunteers and total hours contributed to the
operation of the museum;
(iii) The amount and types of private and nonstate funds donated,
pledged, or otherwise provided; and
(iv) Any recommendations or requests the Commission considers
appropriate to further the mission of Historic St. Mary’s City.
24–508.
(a) (1) The Historic St. Mary’s City Commission and the Board of Trustees of
St. Mary’s College of Maryland are hereby authorized to undertake joint programs and
otherwise to work collaboratively under contract or other agreement acceptable to the
governing boards of each institution, for the purpose of furthering the missions of both
institutions.
[(b)] (2) The Commission and the College may contract or otherwise agree to
work jointly to sponsor high quality education programs and activities for both the
academic and general communities and for all age groups, including elementary, secondary,
college, and adult education programs as well as teacher training programs in curriculum
areas of joint focus, such as archaeology, colonial American history, and Chesapeake
culture and ecology.
[(c)] (3) The Commission and College may develop jointly beneficial,
promotional, marketing, fundraising, tourism, special events, and other outreach efforts.
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[(d)] (4) The College and Commission may by contract [or mutual agreement]
perform administrative tasks by one institution for the other including, but not limited to,
personnel, procurement and insurance c laim processing, purchasing, accounting,
information system design, acquisition, installation and service, security, maintenance,
historic landscape design, catering and general food services, and archaeological survey
and mitigation services.
[(e)] (5) Provided they are supportive of the distinctive mission of each
institution, the Commission and College may undertake any other joint activity or action
by formal or informal agreement or contract.
[(f)] (6) Notwithstanding any joint activities or programs carried out by the
College and the Commission, or administrative action undertaken by the College or the
Commission for the benefit of the other institution, neither the College nor the Commission
shall be liable for any direct or indirect actions of the other institution, or its trustees,
Commissioners, employees, or agents as the case may be.
(7) IF THE COMMISSION OBTAINS SE RVICES UNDER AN AGRE EMENT
WITH THE COLLEGE, THE SERVICES PROVIDE D TO THE COMMISSION SHALL BE I N
ACCORDANCE WITH THE COLLEGE’S POLICIES AND PROCEDUR ES.
(B) AN OPERATING AGREEMEN T ENTERED INTO BY TH E COMMISSION WITH
ANOTHER UNIT OF STATE GOVERNMENT OR A N AFFILIATED NONPROF IT
ORGANIZATION SHALL BE:
(1) EXECUTED IN WRITING ;
(2) APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE
ATTORNEY GENERAL;
(3) REVIEWED BY THE COMMISSION ANNUALLY ; AND
(4) ENACTED FOR A TERM NO T EXCEEDING 3 YEARS, WHICH MAY BE
RENEWED FOR ADDITIONAL TERMS NOT EXCEEDING 3 YEARS, WITHOUT LIMIT .
24–508.1.
(A) IN THIS SECTION , “FOUNDATION AFFILIATED NONPROFIT
ORGANIZATION ” MEANS INCLUDES THE HISTORIC ST. MARY’S CITY FOUNDATION.
(B) THE COMMISSION IS ENCOURAGED TO PRO MOTE PRIVATE
FUNDRAISING BY STREN GTHENING INSTITUTION AL DEVELOPMENT ACTIV ITIES AND
MAY COLLABORATE WITH THE HISTORIC ST. MARY’S CITY FOUNDATION
AFFILIATED NONPROFIT ORGANIZATIONS .
Ch. 129 2023 LAWS OF MARYLAND
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(C) (1) THE COMMISSION SHALL DEVE LOP POLICIES FOR
COLLABORATION WITH THE FOUNDATION AN AFFILIATED NONPRO FIT
ORGANIZATION .
(2) THE ATTORNEY GENERAL SHALL REVIEW THE POLICIES THE
COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM
AND LEGAL SUFFICIENC Y AND, IF APPROPRIATE , APPROVE THEM TO GOVE RN THE
COLLABORATION .
(3) THE STATE ETHICS COMMISSION SHALL REVI EW THE POLICIES
THE COMMISSION DEVELOPS U NDER PARAGRAPH (1) OF THIS SUBSECTION T HAT
PERTAIN TO CONFLICTS OF INTEREST AND , IF APPROPRIATE , APPROVE THEM TO
GOVERN AN OFFICIAL O R EMPLOYEE OF THE COMMISSION ALSO SERVI NG AS A
DIRECTOR OR OFFICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
ORGANIZATION .
(D) (1) THE FOUNDATION AN AFFILIATED NON PROFIT ORGANIZATION
MAY NOT BE CONSIDERE D AN AGENCY OR INSTR UMENTALITY OF THE STATE OR A
UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOS E.
(2) A FINANCIAL OBLIGATION OR LIABILITY OF THE FOUNDATION AN
AFFILIATED NONPROFIT ORGANIZATION MAY NOT BE CONSIDERE D A DEBT OR AN
OBLIGATION OF THE STATE OR THE COMMISSION.
(E) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS
ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE COMMISSION FROM
ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF THE FOUNDATION AN AFFILIATED
NONPROFIT ORGANIZATI ON.
(2) AN OFFICIAL OR EMPLOY EE OF THE COMMISSION WHO SERVES AS
A DIRECTOR OR OFFICI AL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
ORGANIZATION :
(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY
THE FOUNDATION AN AFFILIATED NONPROFIT ORGANIZATION ; AND
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE
FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION AS AUTHORIZED BY THE
BOARD OF DIRECTORS O F THE FOUNDATION AN AFFILIATED NONPRO FIT
ORGANIZATION AND BY THE COMMISSION.
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(3) (I) THE COMMISSION SHALL NOTI FY THE STATE ETHICS
COMMISSION IN WRITING WHENEVER THE COMMISSION AUTHORIZES AN OFFICIAL
OR EMPLOYEE OF THE COMMISSION TO SERVE A S A DIRECTOR OR OFFI CIAL OF THE
FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION .
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL
NOTIFY THE COMMISSION OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE
JOINT SERVICE IDENTI FIED IN THE NOTICE .
(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS
COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE COMMISSION
SHALL REEXAMINE THE MATTER.
(4) EACH YEAR , THE COMMISSION SHALL REPO RT TO THE
GOVERNOR, THE STATE ETHICS COMMISSION, AND, IN ACCORDANCE WITH § 2–1257
OF THE STATE GOVERNMENT ARTICLE, THE LEGISLATIVE POLICY COMMITTEE:
(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING
AS A DIRECTOR OR OFF ICIAL OF THE FOUNDATION AN AFFILIATED NONPRO FIT
ORGANIZATION ; AND
(II) HOW THE POLICIES AND PROCEDURES ADOPTED U NDER
SUBSECTION (C) OF THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING
YEAR.
(F) (1) NO FUNDS MAY BE ACCEP TED BY THE COMMISSION FROM THE
FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATI ON UNLESS AN
INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT AUDITS THE FISCAL AF FAIRS OF
THE FOUNDATION AFFILIATED NONPROFIT ORGANIZATION EACH YEAR.
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , FUNDS GIVEN TO THE COMMISSION BY THE FOUNDATION AN
AFFILIATED NONPROFIT ORGANIZATION MAY NOT INCLUDE PREC ONDITIONS ON
THE USE OF THE FUNDS .
(II) FUNDS GIVEN TO THE COMMISSION THROUGH THE
FOUNDATION AN AFFILIATED NONPRO FIT ORGANIZATION FROM A DONOR MAY
INCLUDE CONDITIONS A T THE DONOR’S REQUEST.
24–511.
(a) (1) There is a Historic St. Mary’s City Fund.
Ch. 129 2023 LAWS OF MARYLAND
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(H) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE
AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That a presently existing obligation
or contract right may not be impaired in any way by this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 31,
2023, the Historic St. Mary’s City Commission shall report to the General Assembly, in
accordance with § 2–1257 of the State Government Article, on the Commission’s progress
in addressing the concerns raised by its most recent independent audit.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2023.
Approved by the Governor, April 24, 2023.