MD
Maryland House Bill HB995

Maryland 2024 Regular Session

Maryland House Bill HB995 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 367
21
3-– 1 –
4-Chapter 367
5-(House Bill 995)
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+ *hb0995*
89
9-Washington County Board of Education – Members – Residency Requirement
10+HOUSE BILL 995
11+F3 4lr1865
12+ CF SB 852
13+By: Washington County Delegation
14+Introduced and read first time: February 5, 2024
15+Assigned to: Ways and Means
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 3, 2024
1019
11-FOR the purpose of requiring that a member of the Washington County Board of Education
12-be a resident of Washington County and the State for a certain amount of time
13-immediately preceding the date the member takes office; requiring members of the
14-county board to maintain a primary residence in Washington County during their
15-term; and generally relating to the Washington County Board of Education.
20+CHAPTER ______
1621
17-BY repealing and reenacting, with amendments,
18- Article – Education
19-Section 3–1301
20- Annotated Code of Maryland
21- (2022 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2223
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
24+Washington County Board of Education – Members – Residency Requirement 2
2525
26-Article – Education
26+FOR the purpose of requiring that a member of the Washington County Board of Education 3
27+be a resident of Washington County and the State for a certain amount of time 4
28+immediately preceding the date the member takes office; requiring members of the 5
29+county board to maintain a primary residence in Washington County during their 6
30+term; and generally relating to the Washington County Board of Education. 7
2731
28-3–1301.
32+BY repealing and reenacting, with amendments, 8
33+ Article – Education 9
34+Section 3–1301 10
35+ Annotated Code of Maryland 11
36+ (2022 Replacement Volume and 2023 Supplement) 12
2937
30- (a) The Washington County Board consists of seven members.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
39+That the Laws of Maryland read as follows: 14
3140
32- (b) All seven members of the Washington County Board shall be elected from
33-Washington County at large at a general election every 4 years beginning in 1978.
41+Article – Education 15
3442
35- (c) (1) Each member serves for a term of 4 years beginning on the first
36-Tuesday in December after the member’s election and until a successor is elected and
37-qualifies.
43+3–1301. 16
3844
39- (2) The terms of members are staggered as required by the terms of the
40-members serving on the county board as of July 1, 1986.
45+ (a) The Washington County Board consists of seven members. 17
4146
42- (3) At the end of a term, a member continues to serve until a successor is
43-elected and qualifies.
47+ (b) All seven members of the Washington County Board shall be elected from 18
48+Washington County at large at a general election every 4 years beginning in 1978. 19 2 HOUSE BILL 995
4449
45- (4) In accordance with subsection [(e)] (F) of this section, the County
46-Commissioners shall appoint a qualified individual to fill any vacancy on the county board
47-for the remainder of that term and until a successor is elected and qualifies.
48- Ch. 367 2024 LAWS OF MARYLAND
4950
50-– 2 –
51- (d) (1) IMMEDIATELY PRECEDING THE DATE THE MEMBER TAKES
52-OFFICE, EACH MEMBER OF THE C OUNTY BOARD SHALL BE :
5351
54- (I) A RESIDENT OF WASHINGTON COUNTY FOR AT LEAST 6
55-MONTHS; AND
52+ (c) (1) Each member serves for a term of 4 years beginning on the first 1
53+Tuesday in December after the member’s election and until a successor is elected and 2
54+qualifies. 3
5655
57- (II) A RESIDENT OF THE STATE FOR AT LEAST 12 MONTHS.
56+ (2) The terms of members are staggered as required by the terms of the 4
57+members serving on the county board as of July 1, 1986. 5
5858
59- (2) (I) DURING THE TERM OF A MEMBER OF THE COUNTY BOARD ,
60-THE MEMBER SHALL MAI NTAIN A PRIMARY RESIDENCE IN WASHINGTON COUNTY.
59+ (3) At the end of a term, a member continues to serve until a successor is 6
60+elected and qualifies. 7
6161
62- (II) A MEMBER OF THE COUNTY BOARD WHO NO LONGER
63-MAINTAINS A PRIMARY RESIDENCE IN WASHINGTON COUNTY MAY NOT CONTINUE
64-AS A MEMBER OF THE C OUNTY BOARD .
62+ (4) In accordance with subsection [(e)] (F) of this section, the County 8
63+Commissioners shall appoint a qualified individual to fill any vacancy on the county board 9
64+for the remainder of that term and until a successor is elected and qualifies. 10
6565
66- (E) (1) The State Board may remove a member of the county board for:
66+ (d) (1) IMMEDIATELY PRECEDING THE DATE THE MEMBER TAKES 11
67+OFFICE, EACH MEMBER OF THE C OUNTY BOARD SHALL BE : 12
6768
68- (i) Immorality;
69+ (I) A RESIDENT OF WASHINGTON COUNTY FOR AT LEAST 6 13
70+MONTHS; AND 14
6971
70- (ii) Misconduct in office;
72+ (II) A RESIDENT OF THE STATE FOR AT LEAST 12 MONTHS. 15
7173
72- (iii) Incompetency; or
74+ (2) (I) DURING THE TERM OF A MEMBER OF THE COUNTY BOARD , 16
75+THE MEMBER SHALL MAI NTAIN A PRIMARY RESIDENCE IN WASHINGTON COUNTY. 17
7376
74- (iv) Willful neglect of duty.
77+ (II) A MEMBER OF THE COUNTY BOARD WHO NO LONGER 18
78+MAINTAINS A PRIMARY RESIDENCE IN WASHINGTON COUNTY MAY NOT CONTINUE 19
79+AS A MEMBER OF THE C OUNTY BOARD . 20
7580
76- (2) Before removing a member, the State Board shall send the member a
77-copy of the charges against him and give him an opportunity within 10 days to request a
78-hearing.
81+ (E) (1) The State Board may remove a member of the county board for: 21
7982
80- (3) If the member requests a hearing within the 10–day period:
83+ (i) Immorality; 22
8184
82- (i) The State Board promptly shall hold a hearing, but a hearing
83-may not be set within 10 days after the State Board sends the member a notice of the
84-hearing; and
85+ (ii) Misconduct in office; 23
8586
86- (ii) The member shall have an opportunity to be heard publicly
87-before the State Board in his own defense, in person or by counsel.
87+ (iii) Incompetency; or 24
8888
89- (4) A member removed under this subsection has the right to a de novo
90-review of the removal by the Circuit Court for Washington County.
89+ (iv) Willful neglect of duty. 25
9190
92- [(e)] (F) (1) In this section, “Washington County Delegation” means the
93-Senators and Delegates in the General Assembly of Maryland who are elected to represent
94-Washington County or any portion of Washington County.
95- WES MOORE, Governor Ch. 367
91+ (2) Before removing a member, the State Board shall send the member a 26
92+copy of the charges against him and give him an opportunity within 10 days to request a 27
93+hearing. 28
9694
97-– 3 –
98- (2) There is a Washington County School Board Nominating Commission.
95+ (3) If the member requests a hearing within the 10–day period: 29
96+ HOUSE BILL 995 3
9997
100- (3) The Commission shall consist of the following six voting members:
10198
102- (i) One member appointed by the Senate members of the
103-Washington County Delegation;
99+ (i) The State Board promptly shall hold a hearing, but a hearing 1
100+may not be set within 10 days after the State Board sends the member a notice of the 2
101+hearing; and 3
104102
105- (ii) One member appointed by the Delegate members of the
106-Washington County Delegation;
103+ (ii) The member shall have an opportunity to be heard publicly 4
104+before the State Board in his own defense, in person or by counsel. 5
107105
108- (iii) One member appointed by the county board; and
106+ (4) A member removed under this subsection has the right to a de novo 6
107+review of the removal by the Circuit Court for Washington County. 7
109108
110- (iv) The following three members appointed by the County
111-Commissioners:
109+ [(e)] (F) (1) In this section, “Washington County Delegation” means the 8
110+Senators and Delegates in the General Assembly of Maryland who are elected to represent 9
111+Washington County or any portion of Washington County. 10
112112
113- 1. One member representing the Washington County
114-business community;
113+ (2) There is a Washington County School Board Nominating Commission. 11
115114
116- 2. One member representing the Washington County
117-Citizens Advisory Council; and
115+ (3) The Commission shall consist of the following six voting members: 12
118116
119- 3. One member representing the Washington C ounty
120-educational community.
117+ (i) One member appointed by the Senate members of the 13
118+Washington County Delegation; 14
121119
122- (4) (i) The Chairman of the Commission shall be a member of the public
123-appointed by the County Commissioners.
120+ (ii) One member appointed by the Delegate members of the 15
121+Washington County Delegation; 16
124122
125- (ii) The Chairman may not be a member of either the county board
126-or the Washington County Delegation.
123+ (iii) One member appointed by the county board; and 17
127124
128- (iii) The Chairman is a nonvoting member of the Commission who
129-shall vote only when there is a tie vote among the voting members of the Commission.
125+ (iv) The following three members appointed by the County 18
126+Commissioners: 19
130127
131- (5) The County Commissioners shall provide the staff for the Commission.
128+ 1. One member representing the Washington County 20
129+business community; 21
132130
133- (6) The Commission shall:
131+ 2. One member representing the Washington County 22
132+Citizens Advisory Council; and 23
134133
135- (i) Advertise the vacancy and provide the procedures for filling the
136-vacancy in at least one medium accessible to the general public, which includes:
134+ 3. One member representing the Washington County 24
135+educational community. 25
137136
138- 1. A newspaper of general circulation in the region; or
137+ (4) (i) The Chairman of the Commission shall be a member of the public 26
138+appointed by the County Commissioners. 27
139139
140- 2. An electronic posting on the local school system website;
141-and
140+ (ii) The Chairman may not be a member of either the county board 28
141+or the Washington County Delegation. 29
142142
143- (ii) Before selecting any nominees, hold at least one public hearing. Ch. 367 2024 LAWS OF MARYLAND
143+ (iii) The Chairman is a nonvoting member of the Commission who 30
144+shall vote only when there is a tie vote among the voting members of the Commission. 31
145+ 4 HOUSE BILL 995
144146
145-– 4 –
146147
147- (7) Within 30 days of the vacancy occurring, the Commission shall submit
148-the names of no more than three nominees to the County Commissioners for their
149-consideration.
148+ (5) The County Commissioners shall provide the staff for the Commission. 1
150149
151- (8) Within 15 days after receiving the names of the nominees provided by
152-the Commission under paragraph (7) of this subsection, the County Commissioners shall
153-select an individual to fill the vacancy on the county board.
150+ (6) The Commission shall: 2
154151
155- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
156-1, 2024.
152+ (i) Advertise the vacancy and provide the procedures for filling the 3
153+vacancy in at least one medium accessible to the general public, which includes: 4
157154
158-Approved by the Governor, April 25, 2024.
155+ 1. A newspaper of general circulation in the region; or 5
156+
157+ 2. An electronic posting on the local school system website; 6
158+and 7
159+
160+ (ii) Before selecting any nominees, hold at least one public hearing. 8
161+
162+ (7) Within 30 days of the vacancy occurring, the Commission shall submit 9
163+the names of no more than three nominees to the County Commissioners for their 10
164+consideration. 11
165+
166+ (8) Within 15 days after receiving the names of the nominees provided by 12
167+the Commission under paragraph (7) of this subsection, the County Commissioners shall 13
168+select an individual to fill the vacancy on the county board. 14
169+
170+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
171+1, 2024. 16
172+
173+
174+
175+Approved:
176+________________________________________________________________________________
177+ Governor.
178+________________________________________________________________________________
179+ Speaker of the House of Delegates.
180+________________________________________________________________________________
181+ President of the Senate.