Maryland 2025 Regular Session

Maryland Senate Bill SB35 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0035*
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77 SENATE BILL 35
88 L3 5lr1605
99 (PRE–FILED) CF 5lr2090
1010 By: Senator Ellis
1111 Requested: October 31, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Education, Energy, and the Environment
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Municipal Appointees and Employees – Financial Oversight – Required 2
2020 Education and Experience 3
2121
2222 FOR the purpose of requiring that, beginning on a certain date, an individual appointed or 4
2323 employed by a municipality in a role with certain financial oversight responsibilities 5
2424 have certain training and experience; requiring a municipality to establish certain 6
2525 continuing education requirements for certain individuals appointed or employed by 7
2626 the municipality; requiring a municipality to maintain certain records in a certain 8
2727 manner; requiring the Legislative Auditor to include in a certain annual report 9
2828 information on municipal compliance with this Act; and generally relating to the 10
2929 training and experience of certain municipal appointees and employees. 11
3030
3131 BY adding to 12
3232 Article – Local Government 13
3333 Section 4–112 14
3434 Annotated Code of Maryland 15
3535 (2013 Volume and 2024 Supplement) 16
3636
3737 BY repealing and reenacting, with amendments, 17
3838 Article – Local Government 18
3939 Section 16–307(a) 19
4040 Annotated Code of Maryland 20
4141 (2013 Volume and 2024 Supplement) 21
4242
4343 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
4444 That the Laws of Maryland read as follows: 23
4545
4646 Article – Local Government 24
4747 2 SENATE BILL 35
4848
4949
5050 4–112. 1
5151
5252 (A) BEGINNING JUNE 30, 2030, A MUNICIPALITY SHALL COMPLY WITH THIS 2
5353 SECTION WHEN APPOINT ING, HIRING, OR CONTINUING TO EMP LOY AN INDIVIDUAL 3
5454 AS A COMPTROLLER , A TREASURER, OR ANY OTHER APPOINTEE OR EMPLOYEE OF 4
5555 THE MUNICIPALITY WHO IS RESPONSIBLE F OR: 5
5656
5757 (1) FINANCIAL OVERSIGHT OF THE MUNICIPALITY ; 6
5858
5959 (2) MANAGING THE FUNDS OF THE MUNICIPAL ITY; OR 7
6060
6161 (3) MAINTAINING AND PREPARING ACCOUNTING , BUDGET, AND 8
6262 FINANCIAL REPORTS FOR THE MUNICIPALITY . 9
6363
6464 (B) A MUNICIPAL COMPTROLLE R, TREASURER, OR OTHER APPOINTEE O R 10
6565 EMPLOYEE DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION SHALL: 11
6666
6767 (1) HAVE SATISFACTORILY COMPLETED 27 SEMESTER HOURS OF 12
6868 UNDERGRADUATE OR GRA DUATE LEVEL ACCOUNTING COURSES THAT INCLUDE AT 13
6969 LEAST: 14
7070
7171 (I) THREE SEMESTER HOURS OR THEIR EQUIVALENT OF: 15
7272
7373 1. ACCOUNTING INFORMATI ON SYSTEMS; 16
7474
7575 2. ACCOUNTING ETHICS OR BUSINESS ETHICS ; AND 17
7676
7777 3. AUDITING; AND 18
7878
7979 (II) NINE SEMESTER HOURS OR THEIR EQUIVALENT OF 19
8080 FINANCIAL ACCOUNTING ; 20
8181
8282 (2) HOLD A BACCALAUREATE OR HIG HER DEGREE IN ACCOUNTING , 21
8383 BUSINESS ADMINISTRAT ION, FINANCE, PUBLIC ADMINISTRATIO N, OR A RELATED 22
8484 FIELD FROM AN ACCRED ITED INSTITUTION OF HIGHER EDUCATION; AND 23
8585
8686 (3) HAVE AT LEAST 5 YEARS OF FULL –TIME EMPLOYMENT 24
8787 EXPERIENCE IN ACCOUNTING OR FINANCE OR A RELATED FIELD THAT INCLUDES AT 25
8888 LEAST 3 YEARS IN A SUPERVISO RY OR LEADERSHIP ROL E IN ACCOUNTING , FINANCE, 26
8989 PUBLIC FINANCE , OR A RELATED FIELD . 27
9090
9191 (C) (1) TO ENSURE THE CONTINU ED INTEGRITY AND CAP ABILITY OF THE 28
9292 FINANCIAL ADMINISTRA TION OF THE STATE’S MUNICIPAL ITIES, AS A CONDITION OF 29 SENATE BILL 35 3
9393
9494
9595 THE CONTINUED EMPLOY MENT OF A MUNICIPAL COMPTROLLER , TREASURER, OR 1
9696 OTHER APPOINTEE OR E MPLOYEE DESCRIBED UN DER SUBSECTION (A) OF THIS 2
9797 SECTION, EACH MUNICIPALITY SHALL E STABLISH CONTINUING EDUCATION 3
9898 REQUIREMENTS . 4
9999
100100 (2) THE CONTINUING EDUCAT ION REQUIREMENTS SHALL ESTABLISH 5
101101 A MINIMUM NUMBER OF HOURS EACH YEAR OF PROFESSIONAL DEVELOP MENT AND 6
102102 TRAINING RELATED TO ETHICS IN FINANCIAL MANAGEMENT , GOVERNMENT 7
103103 ACCOUNTING , OR MUNICIPAL FINANCE . 8
104104
105105 (D) A MUNICIPALITY SHALL : 9
106106
107107 (1) MAINTAIN A RECORD OF THE QUALIFICATIONS O F AN INDIVIDUAL 10
108108 APPOINTED OR EMPLOYE D AS A MUNICIPAL COMPT ROLLER, TREASURER, OR OTHER 11
109109 APPOINTEE OR EMPLOYE E UNDER SUBSECTION (A) OF THIS SECTION; 12
110110
111111 (2) MAKE THE RECORD AVAILABLE FOR PUBLIC INSPECTION; AND 13
112112
113113 (3) INCLUDE THE RECORD I N THE REPORT TO THE LEGISLATIVE 14
114114 AUDITOR REQUIRED UNDE R § 16–306 OF THIS ARTICLE. 15
115115
116116 16–307. 16
117117
118118 (a) (1) Each year the Legislative Auditor shall: 17
119119
120120 (i) review the audit reports required under § 16–306 of this subtitle; 18
121121 and 19
122122
123123 (ii) make a full and detailed written report to the Comptroller and, 20
124124 in accordance with § 2–1257 of the State Government Article, the Executive Director of the 21
125125 Department of Legislative Services on the result of the audit of the financial records of each 22
126126 county, municipality, and special taxing district created by the State. 23
127127
128128 (2) THE REPORT SHALL INCL UDE INFORMATION ON THE 24
129129 COMPLIANCE OF EACH M UNICIPALITY WITH THE REQUIREMENTS OF § 4–112 OF 25
130130 THIS ARTICLE. 26
131131
132132 (3) The report may include recommendations that the Legislative Auditor 27
133133 considers advisable relating to: 28
134134
135135 (i) methods of bookkeeping; 29
136136
137137 (ii) changes in the uniform system of financial reporting; and 30
138138 4 SENATE BILL 35
139139
140140
141141 (iii) changes in the reports of the counties, municipalities, and special 1
142142 taxing districts. 2
143143
144144 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to any 3
145145 individual appointed or hired by a municipality on or after July 1, 2025. 4
146146
147147 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
148148 1, 2025. 6