# Education (GED)

## Title 24. Miscellaneous Education Agencies

### Subtitle 2. Maryland Public Broadcasting Commission

#### Section 24-201

There is a Maryland Public Broadcasting Commission.

#### Section 24-202

(a) The Maryland Public Broadcasting Commission consists of 11 members appointed by the Governor.

(b)

  (1) Each member of the Commission shall be a resident of this State.

  (2) The members shall be broadly representative of this State as a whole and shall include individuals skilled in:

    (i) Public or private elementary, secondary, or higher education;

    (ii) Art, music, or drama;

    (iii) Radio and television;

    (iv) Libraries; and

    (v) Any other field that the Governor considers appropriate for the Commission.

  (3) The Commission shall include two members nominated by the State Board of Education.

  (4) The State Superintendent of Schools shall serve ex officio.

(c)

  (1) Each appointed member of the Commission serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the Commission as of July 1, 1978.

  (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 reappointed.

(d) Each member of the Commission:

  (1) Serves without compensation; and

  (2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

#### Section 24-203

(a) The Governor shall designate from among the members of the Commission a chairman and a vice chairman.

(b) The Commission shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.

#### Section 24-204

(a)

  (1) The Commission annually shall prepare a budget request to provide funds to perform its duties under this subtitle.

  (2) The Commission may receive and spend any grant or gift budgeted or provided for it.

  (3)

    (i) The Commission is encouraged to make use of its facilities, equipment, and other resources to provide services that may generate additional income. Any income earned in that manner shall be considered special funds for use by the Commission.

    (ii) Unexpended funds may be carried forward and expended in any subsequent fiscal year, subject to the approval of the Board of Public Works.

(b)

  (1) The Commission shall appoint a President who shall serve as chief executive officer for the Commission.

  (2) The President serves at the pleasure of the Commission and is entitled to the compensation established by the Commission.

  (3) The President shall direct the staff of the Commission and carry out the policies and duties established by the Commission.

(c)

  (1) The secretarial, stenographic, clerical, and custodial employees of the Commission are in the skilled service, with the exception of special appointments, in the State Personnel Management System.

  (2) All other employees of the Commission are in the executive service, management service, or are special appointments in the State Personnel Management System.

  (3) Notwithstanding Sec. 4-201 of the State Personnel and Pensions Article, the Commission shall fix the compensation of the executive service, management service, and special appointment employees:

    (i) Upon the recommendation of the President; and

    (ii) When possible, in accordance with the State pay plan.

  (4)

    (i) At least 45 days before the effective date of the change, the President shall submit to the Secretary of Budget and Management each change to the Commission's salary plan that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.

    (ii) The Secretary of Budget and Management shall:

      (1) Review the proposed changes; and

      (2) At least 15 days before the effective date of the proposed changes, advise the Commission whether the changes would have an adverse effect on comparable State jobs.

    (iii) Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be a statement that the change will have no adverse effect.

  (5) The budget submitted by the Governor to the General Assembly shall include personnel detail for the Commission in such form and manner as provided for any agency in the State Personnel Management System.

(d)

  (1) Beginning in fiscal year 2019, and for each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation to the Commission in an amount not less than the General Fund appropriation for the current fiscal year as approved in the State budget as enacted by the General Assembly and increased by the percentage by which the projected total General Fund revenues for the upcoming fiscal year exceed the revised estimate of total General Fund revenues for the current fiscal year, as contained in the December report of estimated State revenues submitted by the Board of Revenue Estimates to the Governor under Sec. 6-106 of the State Finance and Procurement Article.

  (2)

    (i) In addition to the appropriation required under paragraph (1) of this subsection, if the actual amount of special funds in special fund code R15304 Community Services Grant and CPB Grant in budget code R15P00 Maryland Public Broadcasting Commission received by the Commission in the second previous fiscal year is lower than the amount that was budgeted for the Commission as approved in the State budget as enacted by the General Assembly for the second previous fiscal year, the Governor shall include in the annual budget bill, for the upcoming fiscal year, a General Fund appropriation to the Commission in an amount not less than the difference between the actual funds and the budgeted funds.

    (ii) The general funds appropriated under subparagraph (i) of this paragraph may not be included in the calculation under paragraph (1) of this subsection for any subsequent fiscal year.

#### Section 24-205

(a) The Commission shall operate a system of State, regional, and local facilities to provide educational and cultural radio and television programs in this State.

(b) The Commission, with the approval of the State Board of Education, is responsible for and shall control the preparation, content, scheduling, and programming of all educational television and radio programs used in the public schools and adult education programs of this State.

(c) Subject to the provisions of subsection (b) of this section, the Commission is responsible for and shall control the preparation, content, programming, and scheduling of all its programs for the general public.

#### Section 24-206

(a) The facilities of the Commission may not be used for, and the programs may not be devoted to:

  (1) Presenting biased or one-sided aspects of partisan politics;

  (2) Advocating or opposing any present or prospective political candidacy; or

  (3) Advocating or opposing any legislation currently being considered or prepared.

(b) Each facility shall be used in compliance with the rules and regulations of the Federal Communications Commission.

#### Section 24-207

(a) It is the public policy of the State that gifts, donations, bequests, private endowments, and private grants may be received by the Commission.

(b)

  (1) The Commission is encouraged to promote private fund-raising by strengthening institutional development activities and by maintaining relationships with affiliated foundations.

  (2)

    (i) Affiliated foundations that are independently established for this purpose shall operate subject to policies adopted by the Commission and be approved for form and legal sufficiency by the Attorney General.

    (ii) Those policies regarding or pertaining to conflict of interest, financial disclosure, or lobbying shall be reviewed and approved by the State Ethics Commission.

  (3)

    (i) Sections 5-501 through 5-504 of the General Provisions Article do not bar an official or employee of the Commission from becoming a director or official of an independent foundation organized to foster fund-raising and provide related services for the benefit of the Commission.

    (ii) An official or employee of the Commission who serves as a director or official of an independent foundation organized to foster fund-raising and provide related services for the benefit of the Commission:

      (1) May not be compensated by the foundation; and

      (2) May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the foundation as authorized by the board of directors of that foundation.

  (4)

    (i) The Commission may not accept funds from an affiliated foundation unless the fiscal affairs of the affiliated foundation are audited annually by an independent certified public accountant.

    (ii) The independent certified public accountant shall send copies of each annual audit report to the Commission.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the Commission shall keep confidential the name, address, telephone number, contribution amount, and all other personal and financial information of any individual who makes a donation to the Commission.

  (2) To the extent the Commission determines that the sharing of information will contribute to the fund-raising efforts of the Commission, the Commission may share information about an individual who makes a donation to the Commission with nonprofit or governmental entities under terms set by the Commission.

### Subtitle 4. Alternative Dispute Resolution and Violence Prevention Programs

#### Section 24-401

(a) In this section, "violence prevention program" means a course in which education and training is offered in the areas of recognizing, addressing, and resolving issues of violence in the home and the community.

(b) The Board of Regents of the University System of Maryland has established at Bowie State University a State Center for Alternative Dispute Resolution and Violence Prevention. The Maryland General Assembly hereby recognizes that Center.

(c) The General Assembly recognizes that the Center:

  (1) Shall serve as the central repository for materials, data, and information related to violence prevention programs operating in the State or available to the State;

  (2) May serve as a referral source for violence prevention programs and services operating in the State or available to the State;

  (3) May implement volunteer prevention networks throughout the State;

  (4) May provide research and evaluation services in the area of violence prevention;

  (5) May provide information services regarding violence prevention programs and services;

  (6) May provide or facilitate violence prevention education and training programs;

  (7) May provide media and media-related services in the area of violence prevention; and

  (8) May provide educational and academic support to disruptive youth.

(d) An individual or group operating a violence prevention program in the State shall be encouraged to submit to the Center:

  (1) A written description of the program; and

  (2) Any other information relating to the program required by the Center.

(e)

  (1) An individual or group may submit a request to the Center for information on any violence prevention program operating in the State or available to the State.

  (2) On request, the Center shall distribute information relating to a violence prevention program.

(f) The operation of the Center shall be supported by funds:

  (1) As provided by the Governor in the annual budget of Bowie State University; and

  (2) From any other source.

### Subtitle 5. Historic St. Mary's City Commission

#### Section 24-501

There is a Historic St. Mary's City Commission.

#### Section 24-502

(a) The General Assembly makes the following declarations and findings:

  (1) St. Mary's City is the birthplace and first capital of Maryland and occupies a unique place in American history which deserves honor and respect. St. Mary's City is the point of origin of many of the seminal and vital social, political, religious and humane precepts of our nation as later came to be reflected in the United States Constitution and Bill of Rights. St. Mary's City should be protected and developed as a memorial to Maryland's historical beginnings and her extraordinary contribution to the development of this nation.

  (2) There is a great need to encourage the study and appreciation of the significance of St. Mary's City to the history of Maryland and the nation. The General Assembly recognizes that the organizational structures and funding for St. Mary's City have not been adequate to produce the knowledge of, or appreciation for, St. Mary's City that it is due from the citizens of this State as well as of the nation, and finds and declares that a new course of action is needed.

  (3) The Historic St. Mary's City Commission needs the State to provide basic operational funding and organizational flexibility to successfully operate Historic St. Mary's City along with an increased emphasis on soliciting other public and private funds to provide support for educational initiatives, research, study, and curation, as well as accelerated archaeological projects and capital improvements.

  (4) Every Maryland school child should be knowledgeable as to the history of St. Mary's City and its significance not only to this State but to the development of the nation. As resources become available, educational opportunities should be expanded to secondary and college age students as well as adults pursuing continuing educational opportunities.

  (5) An affiliation between the Commission and St. Mary's College of Maryland will allow the Commission to put to fuller and more effective use the assets that the State has acquired, preserved and developed at Historic St. Mary's City over the last 30 years.

  (6) The establishment of the Historic St. Mary's City Commission as an independent unit and provision of basic operating funds by the State is in the public interest and will facilitate the management, operation, and development of this nationally important historic site.

  (7) Historic St. Mary's City will benefit from a creative affiliation and more formal collaboration with its geographic neighbor, St. Mary's College of Maryland, itself designated in 1840 as a living monument to the legacy of Maryland's first colonial capital.

  (8) Both the Commission and the College are committed to preserving the site of Maryland's first colonial capital and its archaeological treasures while continuing to assure that the general public and Maryland school children in particular have continued opportunities to visit and experience this important 17th century historical site.

(b) The General Assembly further states its legislative intent in the enactment of this subtitle to be as follows:

  (1) To facilitate the efficient and effective operation of Historic St. Mary's City and the State's historical museum and archaeological park at Maryland's first capital, as well as enhance the capacity and authority of the Commission to preserve, protect, and appropriately use the historic and archaeological assets of Historic St. Mary's City;

  (2) To equip the Historic St. Mary's City Commission with the necessary and vital managerial discretion to pursue its purpose effectively, with the understanding that the Commission will contract, as it considers useful and appropriate both fiscally and managerially, with St. Mary's College of Maryland, or other entities as may be practical and appropriate, for services such as procurement, personnel, and accounting, and otherwise collaborate formally and informally with St. Mary's College of Maryland, on the use and exchange of expertise and resources, both managerial and educational, as both entities may determine is prudent and effective, in advancing the basic mission of each institution;

  (3) To grant the Commission authority over its plans, projects, and operations, subject to any State and federal laws with respect to the protection of historic and archaeological sites of significance to the State, including its status as a State historic property and national historic landmark;

  (4) To facilitate the support of Historic St. Mary's City by other executive departments, including the Maryland Historical Trust in the Department of Housing and Community Development, the Museum Services Program located at Jefferson Patterson Park Museum, the Financial Assistance Programs and Office of Tourism in the Department of Commerce, and the Department of Education;

  (5) To provide the Historic St. Mary's City Commission with the organizational structure and funding mechanisms necessary to more effective functioning, and recognize the outdoor history museum and archaeological park located on the site of Maryland's first capital, as an educational facility for students and visitors of all ages; and

  (6) To endorse the Commission's focus on developing the educational potential of Historic St. Mary's City, including a closer affiliation with St. Mary's College of Maryland, as the most effective way to assure that this unique site with its archaeological riches and importance to the history of Maryland and the nation is recognized and supported both privately and publicly as Maryland's most important historic site, with a view to attaining national recognition for St. Mary's City as a site of eminent national historical significance.

#### Section 24-503

(a) The mission of the Historic St. Mary's City Commission is to preserve and protect the archaeological and historical record of Maryland's first colonial capital and to appropriately develop and use this historic and scenic site for the education, enjoyment, and general benefit of the public.

(b) The particular purposes of the St. Mary's City Commission are to:

  (1) Discover, conserve, improve, and perpetuate the archaeological, historic, natural, scenic, and cultural qualities of Historic St. Mary's City;

  (2) Identify, document, study, curate, interpret, and appropriately preserve the archaeological record of Historic St. Mary's City with emphasis on the 17th century;

  (3) Enhance, where feasible, the scenic quality, open spaces, and buildings that reflect and display the early colonial historic characteristics of the site;

  (4) Employ the site of Maryland's first colonial capital for education at every level, including its anthropology, archaeology, history, and natural science; and

  (5) Encourage and motivate the citizens of Maryland and the nation, as well as businesses, charitable, cultural, and educational institutions to make a continuing commitment to archaeological and historic investigation and research at Historic St. Mary's City and the development of the site as an educational center for students of all ages.

#### Section 24-504

(a)

  (1) The Historic St. Mary's City Commission is an instrumentality of the State to be known as the Historic St. Mary's Commission or any name that the Commission may adopt, provided the resolution adopting any change in name is filed promptly with the Secretary of State.

  (2) The exercise by the Commission of the powers conferred by this subtitle is the performance of an essential public function.

  (3) The Commission is an independent unit in the Executive Branch of government that operates in the Office of the Governor.

(b) The Commission may:

  (1) Make contracts or other legal agreements or arrangements necessary or incidental to the exercise of its powers and performance of its duties;

  (2) Sue and be sued;

  (3) Implead and be impleaded;

  (4) Complain and defend in all courts;

  (5) Adopt and alter an official seal; and

  (6) Adopt bylaws, rules and guidelines to regulate its affairs and the conduct of its business.

#### Section 24-505

(a) The Historic St. Mary's City Commission consists of the following members:

  (1) Fourteen voting members who shall be appointed by the Governor with the advice and consent of the Senate as follows:

    (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;

    (iv) Six 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 representative of the Native American community, appointed in consultation with the Maryland Commission on Indian Affairs;

  (2) Two voting members as follows:

    (i) One member of the public, appointed by the President of the Senate; and

    (ii) One member of the public, appointed by the Speaker of the House; and

  (3) Two shall be ex officio 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 member; and

    (ii) The President of the Historic St. Mary's Foundation

    who is a nonvoting member.

(b) The Governor shall consider statewide, regional, and minority representation in making appointments to the Commission.

(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.

#### Section 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) Subject to subparagraph (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 selected from the appointed members 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.

  (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 more 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.

  (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.

#### Section 24-507

(a) Subject to the provisions of Sec. 24-514 of this subtitle, and in addition to any powers provided elsewhere in this subtitle, the Commission has the following powers:

  (1) To acquire and hold real and personal property of historic, aesthetic, or cultural significance, by gift, purchase, devise or bequest including the power to acquire other property in the vicinity of significant property if the Commission considers it necessary for the proper use and administration of Historic St. Mary's City and its environs, to preserve and administer those properties, and to charge reasonable admission fees for entry to those properties;

  (2) To preserve, study, curate, develop, and interpret historic, or cultural properties, buildings, fixtures, furnishings, facilities, collections, and appurtenances pertaining in any way to Historic St. Mary's City and its environs, including the replica of the State House and other reconstructions in St. Mary's City;

  (3) To accept gifts, grants, legacies, bequests, and endowments for any purpose which falls within that of the Commission and, unless otherwise specified by the person making the gift, grant, legacy, bequest, or endowment, the Commission may expend both principal and income of the gift, grant, bequest, legacy, or endowment to further the purposes of the Commission;

  (4) To accept governmental grants from federal, State and local governments and instrumentalities;

  (5) To apply all money, assets, property, or other things of value it may receive as an incident to its operation to the general purposes of the Commission;

  (6) To cooperate with and assist, insofar as practicable, or enter into a contractual relationship with any agency of the State or any agency of the political subdivisions of the State or any private agency or person, in furtherance of the purposes of the Commission;

  (7) To fix, revise from time to time, and collect rates, rents, fees or other charges for the use of facilities or for services rendered in connection with the facilities at Historic St. Mary's City;

  (8) To issue revenue bonds subject to the provisions of Part IV of this subtitle;

  (9) To regulate the use and operation of the facilities at Historic St. Mary's City;

  (10) To adopt bylaws that are necessary and proper and not inconsistent with this subtitle for the management, maintenance and operation of Historic St. Mary's City and to effectuate the purposes of the Commission; and

  (11) To delegate any of the powers herein conferred of a nonpolicy nature to any one or more of the Commissioners or to the executive director of the Commission.

(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;

  (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 Sec. 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;

  (9) To develop and publish written policies regarding the Commission's operating procedures, including policies on:

    (i) Procurement;

    (ii) Human resources;

    (iii) Payroll;

    (iv) Cash management;

    (v) Fleet management; and

    (vi) Property management, including rental tenant waiting lists;

  (10) To develop a comprehensive maintenance plan and to update the plan at least once every 3 years;

  (11) To annually review:

    (i) The Commission's operating agreements; and

    (ii) The Commission's policies on operating procedures; and

  (12) To report annually to the Governor, and subject to Sec. 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.

#### Section 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.

  (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.

  (3) The Commission and College may develop jointly beneficial, promotional, marketing, fundraising, tourism, special events, and other outreach efforts.

  (4) The College and Commission may by contract perform administrative tasks by one institution for the other including, but not limited to, personnel, procurement and insurance claim 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.

  (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.

  (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 services under an agreement with the College, the services provided to the Commission shall be in accordance with the College's policies and procedures.

(b) An operating agreement entered into by the Commission with another unit of State government or an affiliated nonprofit 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 not exceeding 3 years, which may be renewed for additional terms not exceeding 3 years, without limit.

#### Section 24-508.1

(a) In this section, "affiliated nonprofit organization" includes the Historic St. Mary's City Foundation.

(b) The Commission is encouraged to promote private fundraising by strengthening institutional development activities and may collaborate with affiliated nonprofit organizations.

(c)

  (1) The Commission shall develop policies for collaboration with an affiliated nonprofit organization.

  (2) The Attorney General shall review the policies the Commission develops under paragraph (1) of this subsection for form and legal sufficiency and, if appropriate, approve them to govern the collaboration.

  (3) The State Ethics Commission shall review the policies the Commission develops under paragraph (1) of this subsection that pertain to conflicts of interest and, if appropriate, approve them to govern an official or employee of the Commission also serving as a director or official of an affiliated nonprofit organization.

(d)

  (1) An affiliated nonprofit organization may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

  (2) A financial obligation or liability of an affiliated nonprofit organization may not be considered 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 prohibit an official or employee of the Commission from also becoming a director or an official of an affiliated nonprofit organization.

  (2) An official or employee of the Commission who serves as a director or official of an affiliated nonprofit organization:

    (i) May not be compensated, directly or indirectly, by an affiliated nonprofit organization; and

    (ii) May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of an affiliated nonprofit organization as authorized by the board of directors of an affiliated nonprofit organization and by the Commission.

  (3)

    (i) The Commission shall notify the State Ethics Commission in writing whenever the Commission authorizes an official or employee of the Commission to serve as a director or official of an affiliated nonprofit organization.

    (ii) Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Commission of any objections or concerns pertaining to the joint service identified in the notice.

    (iii) On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Commission shall reexamine the matter.

  (4) Each year, the Commission shall report to the Governor, the State Ethics Commission, and, in accordance with Sec. 2-1257 of the State Government Article, the Legislative Policy Committee:

    (i) The names of the officials and employees serving as a director or official of an affiliated nonprofit organization; and

    (ii) How the policies and procedures adopted under subsection (c) of this section have been implemented in the preceding year.

(f)

  (1) No funds may be accepted by the Commission from an affiliated nonprofit organization unless an independent certified public accountant audits the fiscal affairs of the affiliated nonprofit organization each year.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, funds given to the Commission by an affiliated nonprofit organization may not include preconditions on the use of the funds.

    (ii) Funds given to the Commission through an affiliated nonprofit organization from a donor may include conditions at the donor's request.

#### Section 24-509

(a) The Commission may obtain and carry comprehensive liability insurance to protect the Commission, its employees, and agents. The determination whether to purchase insurance, and its scope and limitations, shall be within the Commission's discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.

(b)

  (1) Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act) applies to claims or actions against the Commission, its members, agents, and employees.

  (2) Subject to all exclusions and limitations in Title 12, Subtitle 1, the immunity of the Commission is waived to the extent of any insurance coverage, if any, purchased under this section.

(c) Nothing in this section shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.

(d) Nothing in this section shall be construed to waive or abrogate the immunity of the Commission under the Eleventh Amendment to the United States Constitution.

#### Section 24-510

(a)

  (1) The Commission shall appoint an executive director and such additional professional, administrative, and clerical personnel as it considers necessary to carry out the purposes of this subtitle.

  (2) The Commission shall employ or contract with such other consultants, accountants, engineers, architects, or financial advisors as it deems prudent to the carrying out of the purposes of this subtitle.

  (3) The Commission may delegate to the executive director any or all of its power to appoint and remove staff.

(b) The executive director shall:

  (1) Act as the chief executive officer for the Commission with full authority to direct the activities and supervise the employees of Historic St. Mary's City, in accordance with the policies, plans, and projects approved by the Commission;

  (2) Represent the Commission with the Governor, the General Assembly, the Historic St. Mary's Foundation, and all other State, local and federal governmental agencies and generally act as the chief spokesperson for all purposes, including solicitation of public and private funds for the advancement of Historic St. Mary's City;

  (3) Act as secretary to the Commission and prepare or have prepared minutes of each action taken by the Commission and the executive committee; and

  (4) Perform any other duty that the Commission requires for carrying out the provisions of this subtitle.

(c) Notwithstanding any other provision of law to the contrary, employees of the Commission, including the executive director, may accept, subject to the approval of the Commission, faculty status at St. Mary's College of Maryland, including remunerated teaching or other professional responsibilities.

(d)

  (1) As the Commission considers appropriate, the Commission may request other units of State government to detail staff to the Commission.

  (2) The Attorney General shall provide legal counsel and services to the Commission.

  (3) Other units of State government may detail staff or technical assistance to the Commission on request of the Commission.

(e)

  (1) An employee of the Commission:

    (i) Is subject to the rules and procedures of the personnel system established under Sec. 14-408 of this article; and

    (ii) Is entitled to participate in the health benefit plans, including medical, prescription, dental, mental health, substance abuse, and vision plans, term life and personal accident and dismemberment insurance plans, flexible spending accounts, and any other benefits established under Sec. 14-408 of this article.

  (2)

    (i) An employee of the Commission is entitled to participate in the employee pension plans authorized by and in accordance with Sec. 14-408(c) of this article.

    (ii) The Commission's obligation for retirement costs for Commission employees shall be computed, charged, and paid in accordance with Sec. 21-308(b)(1) and (c)(1) of the State Personnel and Pensions Article.

#### Section 24-511

(a)

  (1) There is a Historic St. Mary's City Fund.

  (2) The State Treasurer shall hold the Historic St. Mary's City Fund. The funds in the account shall be invested and reinvested by the Treasurer in accordance with the written investment policies of the Commission. Any investment earnings on the funds in the account shall be paid into the Fund.

  (3) All unexpended or unencumbered balances of the Fund:

    (i) Shall be reported to the Comptroller at the end of the fiscal year for which the appropriation was made;

    (ii) Do not revert to the General Fund or any other special fund of the State; and

    (iii) Shall be available for expenditure through an appropriation contained in a budget bill or through an approved budget amendment.

  (4) The Commission shall use the Fund as a continuing, nonlapsing, revolving fund for carrying out the purposes of this subtitle.

(b) The Fund consists of:

  (1) Any general funds appropriated to the Commission;

  (2) Any fees collected by the Commission; and

  (3) Any additional money received or paid to the Commission from any other source authorized by law.

(c)

  (1) The Commission shall pay all expenses and make all expenditures from the Fund.

  (2) Expenditures from the Fund shall be made pursuant to an appropriation approved by the General Assembly in the annual State budget or by the budget amendment procedure provided for in Sec. 7-209 of the State Finance and Procurement Article.

(d)

  (1) The Commission may pledge and charge all or a portion of the receipts of the Fund for the payment of:

    (i) Debt service on bonds of the authority; and

    (ii) All reasonable charges and expenses related to borrowing by the Commission and management of the obligations of the Commission.

  (2) A pledge made under paragraph (1) of this subsection is effective as provided in Sec. 24-520 of this subtitle and any applicable resolution of the Commission.

(e) For each fiscal year, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Commission in an amount not less than the amount of the General Fund operating appropriation to the Commission included in the State budget for fiscal year 1998 as passed by the General Assembly.

(f)

  (1) The Commission is authorized to make use of its facilities, equipment, and other resources to provide services and charge appropriate fees therefore to generate income for the benefit of Historic St. Mary's City.

  (2) All fees collected shall be deposited in the Historic St. Mary's City Fund.

(g)

  (1) The Commission has the responsibility for the governance and management of Historic St. Mary's City, including the care, control, and maintenance of all of its property and assets.

  (2) The Commission annually shall adopt and implement both a capital and operating budget for the maintenance, operation, and development of Historic St. Mary's City.

  (3) The Commission shall submit the budget it has adopted annually to the Governor for inclusion in the State budget.

  (4) Subject to the budget amendment procedure provided for in Sec. 7-209 of the State Finance and Procurement Article, the Commission may spend or encumber, within the fiscal year they are received or any time thereafter, any income, revenues, or other funds received in excess of those estimated by the Commission in the capital or operating budget adopted by the Commission for that fiscal year.

(h) The Fund is subject to audit by the Office of Legislative Audits as provided in Sec. 2-1220 of the State Government Article.

#### Section 24-512

(a) Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and Procurement Article, the Commission may sell, convey, assign, lease, or otherwise transfer or dispose of any real property acquired or held by it, and enter into any contracts incident thereto, for such term and such conditions as the Commission deems appropriate, except:

  (1) Real property valued in excess of $5,000.00 may not be sold without the prior approval of the Board of Public Works; and

  (2) Leases entered into by the Commission must be made in furtherance of the purposes of the Commission.

(b)

  (1) Except as otherwise set forth in this subtitle, the Commission is exempt from the provisions of Division II of the State Finance and Procurement Article, Division I of the State Personnel and Pensions Article, and the State Administrative Procedure Act.

  (2) Capital projects of the Commission are subject to Titles 3 and 4 of the State Finance and Procurement Article to the extent of any appropriation of capital funds by the General Assembly.

  (3) The Commission and its officers and employees are subject to:

    (i) The Maryland Public Ethics Law established in Title 5 of the General Provisions Article;

    (ii) The Public Information Act established in Title 4 of the General Provisions Article; and

    (iii) The Open Meetings Act established in Title 3 of the General Provisions Article.

(c) The Commission shall procure noncapital goods and services in accordance with the procurement policies and procedures established by St. Mary's College of Maryland pursuant to Sec. 14-405 of this article.

(d) For purposes of applying for, receiving, and entering into agreements in connection with loans, grants, insurance, or other forms of financial assistance from the State or its agencies or instrumentalities, the Historic St. Mary's City Commission may be deemed to be a:

  (1) Public body within the meaning of the Maryland Industrial Development Financing Authority Act;

  (2) Political subdivision within the meaning of the Maryland Industrial Land Act and the Maryland Industrial and Commercial Redevelopment Fund Act; and

  (3) State or local project eligible under Sec.Sec. 5-904 and 5-905 of the Natural Resources Article.

(e) All gifts of tangible or intangible property as well as cash donations to the Commission are charitable contributions eligible as a deduction against income taxes as permitted by State and federal law.

#### Section 24-513

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Dwelling" means the dwelling house of one or more homeowners, and the curtilage where it is erected, which is used as the principal residence of that homeowner or homeowners.

  (3) "Homeowner" means a person who, on July 1, 1976, actually resided in a dwelling in which that person had a legal interest, including any life estate, whether as sole owner, joint tenant, tenant in common, or tenant by the entirety.

  (4) "Principal residence" means a dwelling actually occupied or expected to be actually occupied by the homeowner or the homeowners for more than 6 consecutive months of the present calendar year. Nonoccupancy of the dwelling because of illness or the need for special care of the homeowner is occupancy for the purposes of this section.

(b)

  (1) When the Commission or other State agency commences the acquisition by purchase, gift, or condemnation of the dwelling of a homeowner within the proposed boundaries established by the Commission, the Commission or other State agency shall offer in writing the homeowner or homeowners a life estate in that property. Acceptance of the life estate shall be taken into consideration when determining the value of the property. Upon acceptance, the recipient of the life estate will pay real estate property taxes, insurance, and ordinary maintenance costs. Requests for material alterations or additions to the property must be submitted in writing to the Historic St. Mary's City Commission and a request must be approved or disapproved by the Commission within 45 days of the receipt of the request.

  (2) In the case of a purchase, the Commission or other State agency shall make the offer:

    (i) At the time of each offer for purchase; and

    (ii) In a document separate and apart from all other documents at the time of ratification of the sales contract.

  (3) In the case of a gift or condemnation, the Commission or other State agency shall make the offer at the time of transfer of any right, title or interest, present or future, in the property.

(c) The Commission or other State agency may offer at any time a life estate to any other homeowner or property owner within the proposed boundaries established by the Commission.

(d) The homeowner or property owner may accept the offer before the 30th calendar day following the time set forth in subsections (b) and (c) of this section.

(e) Until such time as the Commission certifies legitimate need for the residue, the holder of the life estate may continue to use it as it existed prior to the transfer of title and the creation of the life estate, on a lease arrangement.

#### Section 24-514

Notwithstanding the provisions of Title 4, Subtitle 4, Part III of the State Finance and Procurement Article, and subject to the availability of funds and in accordance with other provisions of this subtitle regarding the Historic St. Mary's City Commission, the Commission may enter into agreements with preservation land trusts, foundations, and other entities for the purpose of acquiring title to or an interest in property in Historic St. Mary's City that is owned by such an entity or on which the entity holds an option or a contract to purchase.

#### Section 24-515

Subject to the approval of the Board of Public Works, the Commission may receive and the State may pay over and transfer to the Commission, from time to time, property held in the name of the State, or any other State agency to carry out the purposes of the Commission.

#### Section 24-516

(a) Subject to this Part IV of this subtitle, the Commission may at any time and from time to time issue bonds, bond anticipation notes, or other obligations, (herein referred to as "bonds"), and may use the proceeds or the earnings from the investment thereon for any authorized purpose, including the establishment of reserves and the payment of interest.

(b)

  (1) The Commission may issue bonds only if it determines that the issuance is necessary to achieve the purposes of this subtitle.

  (2) The determination under paragraph (1) of this subsection shall be made by the chairman of the Commission.

(c)

  (1) The Commission shall submit each proposed issue of bonds to the Board of Public Works and shall obtain the approval of the Board of Public Works for the proposed issue prior to issuance of the bonds.

  (2) In submitting a proposal to issue bonds to the Board of Public Works, the Commission shall identify the source of revenue that supports the debt service on the bonds.

  (3) The Board of Public Works may not approve the issuance of bonds by the Commission that will result in more than $3,000,000 in an aggregate outstanding and unpaid principal balance of bonds for the Commission at any time.

(d) Except as otherwise expressly required by this subtitle, the Commission may issue the bonds without:

  (1) Obtaining the consent of any other unit of State government;

  (2) Any proceedings; or

  (3) The occurrence of any conditions.

(e)

  (1) The Commission shall by resolution authorize any bonds that it issues.

  (2) The Commission may secure the bonds by a resolution or trust agreement between the Commission and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State.

(f) Proceeds of bonds and the investment income from such bonds shall be deposited by the Commission in any State or national bank or federally insured savings and loan association having a total paid-in capital of at least $1,000,000. The trust department of any State or national bank or savings and loan association, or trust company, may be designated as a depository to receive any securities acquired or owned by the corporation.

#### Section 24-517

(a) The bonds of any issue shall be payable solely from the property or receipts of the Commission, including:

  (1) Fees, charges, rents, or other revenues payable to the Commission;

  (2) Payments by financial institutions, insurance companies, or others pursuant to letters or lines of credit, policies of insurance, or purchase agreements;

  (3) Investment earnings from funds or accounts maintained pursuant to a bond resolution or trust agreement;

  (4) Proceeds of refunding bonds; and

  (5) Any other source authorized by law.

(b)

  (1) Bonds issued under the provisions of this title are not a debt of, and do not pledge the faith, credit, or taxing power of the State.

  (2) The bonds shall contain on their face a statement that the bonds are not a debt of, and do not pledge the faith, credit, or taxing power of the State, the Commission, or any political subdivision, but are payable solely from the revenues and property provided for therein.

  (3) Subject to the approval of the Board of Public Works, the Commission may receive and the State may lease to or lease back to the Commission any property within the enclave of Historic St. Mary's City and held in the name of the State or any other agency of the State in order to facilitate the issuance of revenue bonds by the Commission under this subtitle.

#### Section 24-518

The bonds that the Commission issues shall:

(1) Be issued at, above, or below par value, for cash or other valuable consideration, and mature at a time or times, whether as serial bonds or as term bonds or both, not exceeding 30 years from their respective dates of issue;

(2) Bear interest at the fixed or variable rate or rates determined by the method provided in the resolution or trust agreement;

(3) Be payable at a time or times, in the denominations and form, either coupon or registered or both, and carry the registration and privileges as to conversion and for the replacement of mutilated, lost, or destroyed bonds as the resolution or trust agreement may provide;

(4) Notwithstanding any other law, be deemed a "security" within the meaning of Sec. 8-102 of the Commercial Law Article, whether or not it is either one of a class or a series or by its terms is divisible into a class or series of instruments and negotiable for all purposes although payable from a limited source;

(5) Be payable in lawful money of the United States at a designated place;

(6) Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides;

(7) Be executed by the manual or facsimile signatures of the officers of the Commission designated by the Commission, which signatures shall be valid at delivery even for an officer who has ceased to hold office; and

(8) Be sold in the manner and on the terms determined by the Commission, including private or negotiated sale and be exempt from Sec.Sec. 8-206, 8-208, 8-209, and 8-213 through 8-221 of the State Finance and Procurement Article.

#### Section 24-519

(a) Any resolution or trust agreement the Commission adopts or enters into under this subtitle may contain provisions that:

  (1) Pledge, assign, or direct the use, investment, or disposition of all or a portion of the receipts of the Commission or all or a portion of the proceeds or benefits of any contract and convey or otherwise secure any property or property rights;

  (2) Set aside loan funding deposits, debt service reserves, capitalized interest accounts, cost of issuance accounts, sinking funds, and other funds and accounts, and regulate, invest, and dispose of these deposits, reserves, accounts, and funds;

  (3) Limit the purpose to which or the investments in which the proceeds of sale of any issue of bonds may be applied and restrict the investment of revenues or bond proceeds as deemed necessary, which may include limiting investments to government obligations for which principal and interest are unconditionally guaranteed by the United States;

  (4) Limit the issuance of additional bonds and specify the terms on which additional bonds may be issued, secured, and rank on parity with, or be subordinate or superior to, other bonds;

  (5) Refund or refinance outstanding bonds;

  (6) Establish any procedure concerning the manner in which the terms of any contract with bondholders may be altered or amended, the amount of bonds to which the holders must consent, and the manner in which the holders must consent;

  (7) Define the acts or omissions that constitute a default in the duties of the Commission to holders of bonds and provide the rights and remedies of the holders in the event of a default, which may include provisions that restrict individual right of action by bondholders;

  (8) Provide for guarantees, pledges of property, purchases or sales of property, leasing, leasing back or subleasing of property, the assignment of any pledges, purchase, sale, lease or sublease agreements, letters of credit or other security, or insurance for the benefit of bondholders; and

  (9) Provide for any other matter relating to the bonds that the Commission deems appropriate.

(b) Any provisions under subsection (a) of this section that the Commission includes in a resolution or trust agreement may be made part of the contract with the holders of the bonds.

#### Section 24-520

(a) A pledge by the Commission of revenues as security for an issue of bonds shall be valid and binding from the time when the documents evidencing the pledge are executed by the Commission.

(b)

  (1) The revenues that the Commission pledges may be made immediately subject to the lien of the pledge without any physical delivery or further act.

  (2) The lien of any pledge of revenue is valid and binding against any person who has any claim in tort, contract, or otherwise against the Commission, whether or not the person has notice.

(c) In order to perfect the lien on the revenue pledged by the Commission against third persons, a resolution, trust agreement or financing statement, continuation statement, or other instrument that the Commission adopts or enters into need not be filed or recorded in any public record other than the records of the Commission.

#### Section 24-521

(a) A member of the Commission, or any person executing the bonds, is not liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.

(b) Except as otherwise provided by an applicable resolution or trust agreement, a holder of bonds issued under this subtitle, or a trustee acting under a trust agreement entered into under this subtitle, may, by any suitable form of legal proceedings, protect and enforce any rights granted under the laws of this State or by any applicable resolution or trust agreement.

#### Section 24-522

(a) The Commission may issue bonds to refund any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of the bonds.

(b) Refunding bonds may be issued:

  (1)

    (i) For the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring; or

    (ii) For alleviating impending or actual default; and

  (2) In one or more series in an amount in excess of that of the bonds to be refunded.

#### Section 24-523

(a) The Commission may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of, or as a security for, its bonds.

(b) Any financial institution, investment company, insurance company or association, and any personal representative, guardian, trustee, or other fiduciary, may legally invest any money belonging to them or within their control in any bonds issued by the Commission.

#### Section 24-524

(a) The bonds of the Commission, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, are exempt at all times from every kind of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies.

(b)

  (1) Subject to paragraph (2) of this subsection, the bonds of the Commission may be, but are not required to be, issued in conformance with any applicable provisions of the Internal Revenue Code of the United States in order that the interest payable thereon shall be excludable from federal gross income.

  (2) The Commission may not issue tax-exempt private activity bonds that require a volume cap allocation under provisions of the Internal Revenue Code.

#### Section 24-525

(a) This subtitle shall be liberally construed to effect its purposes.

(b) This subtitle may be cited as the "Historic St. Mary's City Commission Act".

### Subtitle 7. Maryland Longitudinal Data System

#### Section 24-701

(a) In this subtitle the following words have the meanings indicated.

(b) "Center" means the Maryland Longitudinal Data System Center.

(c)

  (1) "Child welfare data" means data relating to a child's experience with child protective services, family preservation services, and State-sponsored out-of-home services.

  (2) "Child welfare data" includes:

    (i) Out-of-home placement data, including:

      (1) Supervising jurisdiction;

      (2) Removal reason;

      (3) Characteristics at the time of removal;

      (4) Return reason;

      (5) Placement start and end dates; and

      (6) Placement type;

    (ii) Family preservation services data, including:

      (1) Supervising jurisdiction;

      (2) Type of family preservation service; and

      (3) Service start and end dates; and

    (iii) Child protective services data, including:

      (1) Responsible jurisdiction;

      (2) Type of child protective service response;

      (3) Date on which child protective services responded;

      (4) Alleged maltreatment type;

      (5) Disposition of an investigative response by child protective services; and

      (6) Date on which child protective services completes a response.

(d) "De-identified data" means a data set in which parent and student identity information, including the State Assigned Student Identifier and student Social Security number, has been removed.

(e) "Governing Board" means the Governing Board of the Maryland Longitudinal Data System Center.

(f)

  (1) "Industry certificate" means a certificate or license awarded by an industry certifier that prepares an individual to work in a career field.

  (2) "Industry certificate" does not include a business license or vocational certificate.

(g) "Industry certifier" means a nationally recognized, third-party entity using predetermined standards for knowledge and skills that prepare an individual to work in a career field.

(h) "License" means an occupational or professional license issued to an individual under the Business Occupations and Professions Article, the Business Regulation Article, or the Health Occupations Article.

(i) "Licensing authority" means a State entity that issues a license to an individual.

(j)

  (1) "Personally identifiable information" means data that can be used to identify a particular individual and match that individual's student or workforce record across different data sources.

  (2) "Personally identifiable information" includes:

    (i) Name;

    (ii) Date of birth; and

    (iii) Social Security number, SASID, or other government-assigned identification number.

(k) "State Assigned Student Identifier" or "SASID" means the identifier assigned to each student by:

  (1) A local education agency based on the identifier system developed by the State Department of Education; or

  (2) An institution of higher education, if the student has not been assigned an identifier by a local education agency.

(l)

  (1) "Student data" means data relating to or impacting student performance.

  (2) "Student data" includes:

    (i) State and national assessments;

    (ii) Course-taking and completion;

    (iii) Grade point average;

    (iv) Remediation;

    (v) Retention;

    (vi) Degree, diploma, or credential attainment;

    (vii) Enrollment;

    (viii) Demographic data;

    (ix) Juvenile delinquency records;

    (x) Elementary and secondary school disciplinary records;

    (xi) Child welfare data;

    (xii) License, industry certificate, or vocational certificate;

    (xiii) Personally identifiable information;

    (xiv) Parental status; and

    (xv) Student disability data by specific disability category.

  (3) "Student data" does not include:

    (i) Criminal and CINA records;

    (ii) Medical and health records; and

    (iii) Pregnancy status.

(m) "Vocational certificate" means a certificate or license awarded by an institution of postsecondary education approved to operate under Sec. 11-202 of this article on completion of a course of study, including credit-bearing and noncredit courses, that prepares an individual to work in a career field.

(n) "Workforce data" means data about employees relating to:

  (1) Employment status;

  (2) Wage information;

  (3) Geographic location of employment;

  (4) Employer information; and

  (5) Personally identifiable information.

#### Section 24-702

(a) The State Department of Education, Maryland Higher Education Commission, University System of Maryland, Morgan State University, St. Mary's College of Maryland, and Maryland Department of Labor jointly shall establish the Maryland Longitudinal Data System that shall be fully operational by December 31, 2014.

(b) The Maryland Longitudinal Data System is a statewide data system that contains individual-level student data and workforce data from all levels of education and the State's workforce, and allows the Center to:

  (1) Effectively organize, manage, disaggregate, and analyze individual student data; and

  (2) Examine student progress and outcomes over time, including preparation for postsecondary education and the workforce.

(c) The linkage of student data and workforce data for the purposes of the Maryland Longitudinal Data System shall be limited to no longer than 20 years from the date of latest attendance in any educational institution in the State.

(d) The purpose of the Maryland Longitudinal Data System is to:

  (1) Generate timely and accurate information about student performance that can be used to improve the State's education system and guide decision makers at all levels; and

  (2) Facilitate and enable the linkage of student data and workforce data.

#### Section 24-703

(a) There is a Maryland Longitudinal Data System Center.

(b) The Center is an independent unit within State government.

(c) The organizational placement and location of the Center shall be determined by the Governing Board.

(d)

  (1) The head of the Center is the Executive Director, who shall be appointed by the Governing Board.

  (2) The Center may employ the additional staff necessary to carry out the Center's functions as provided in the State budget.

(e) The Center shall be considered an authorized representative of the State Department of Education and the Maryland Higher Education Commission under applicable federal and State statutes for purposes of accessing and compiling student record data for research purposes.

(f) The Center shall perform the following functions and duties:

  (1) Serve as a central repository of student data and workforce data in the Maryland Longitudinal Data System, including data sets provided by:

    (i) The State Department of Education;

    (ii) Local education agencies;

    (iii) The Maryland Higher Education Commission;

    (iv) Institutions of higher education;

    (v) The Maryland Department of Labor;

    (vi) The Department of Juvenile Services; and

    (vii) The Social Services Administration within the Department of Human Services;

  (2) Oversee and maintain the warehouse of the Maryland Longitudinal Data System data sets;

  (3) Ensure routine and ongoing compliance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies, including:

    (i) The required use of de-identified data in data research and reporting;

    (ii) The required disposition of information that is no longer needed;

    (iii) Providing data security, including the capacity for audit trails;

    (iv) Providing for performance of regular audits for compliance with data privacy and security standards; and

    (v) Implementing guidelines and policies that prevent the reporting of other potentially identifying data;

  (4) Conduct research using timely and accurate student data and workforce data to improve the State's education system and guide decision making by State and local governments, educational agencies, institutions, teachers, and other education professionals;

  (5) Conduct research relating to:

    (i) The impact of State and federal education programs;

    (ii) The performance of educator preparation programs;

    (iii) Best practices regarding classroom instruction, education programs and curriculum, and segment alignment; and

    (iv) The impact child welfare programs have on the educational and economic outcomes of students;

  (6) At the direction of the Accountability and Implementation Board established in Title 5, Subtitle 4 of this article provide:

    (i) A researcher designated by the Board access to the data in the Maryland Longitudinal Data System in accordance with the procedures for staff authorization and data access established by the Maryland Longitudinal Data System governing board;

    (ii) Aggregate data tables; or

    (iii) Research or evaluation;

  (7) Analyze social determinants from the following State agencies and appropriate local agencies that impact the education performance of students and indicate the need for wraparound services of students:

    (i) The Maryland Department of Health;

    (ii) The Department of Juvenile Services; and

    (iii) The Department of Human Services;

  (8) To the extent practicable, conduct longitudinal studies of the items under this section to evaluate the impact of the Blueprint for Maryland's Future on the State;

  (9) Share data with third-party data centers only in accordance with Sec. 24-703.4 of this subtitle;

  (10) Fulfill information and data requests to facilitate State and federal education reporting with existing State agencies as appropriate; and

  (11) Fulfill approved public information requests.

(g) The Center shall submit a report to the Accountability and Implementation Board on the information determined under subsection (f)(7) and (8) of this section.

(h)

  (1) Direct access to data in the Maryland Longitudinal Data System shall be restricted to authorized staff of the Center.

  (2) The Center may only use de-identified data in the analysis, research, and reporting conducted by the Center.

  (3) The Center may only use aggregate data in the release of data in reports and in response to data requests.

  (4) Data that may be identifiable based on the size or uniqueness of the population under consideration may not be reported in any form by the Center.

  (5) The Center may not release or sell information that may not be disclosed under the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies.

(i) The Center may receive funding from the following sources:

  (1) State appropriations;

  (2) Grants or other assistance from local education agencies and institutions of higher education;

  (3) Federal grants; and

  (4) Any other grants or contributions from public or private entities received by the Center.

#### Section 24-703.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Foster care recipient" has the meaning stated in Sec. 15-106.1 of this article.

  (3) "Homeless youth" has the meaning stated in Sec. 15-106.1 of this article.

(b) The Center shall develop a clear and easy-to-understand graphic data dashboard that is published annually on the Center's website with information, disaggregated by local school system, regarding:

  (1) The number of students who are dually enrolled under Title 18, Subtitle 14A of this article; and

  (2) The number and course name of the courses in which a student under item (1) of this subsection dually enrolls at the high school and at the public institution of higher education.

(c)

  (1) The Center, in consultation with the Commission, shall develop a clear and easy-to-understand graphic data dashboard that is published annually on the Center's website with information regarding the experience of foster care recipients and homeless youth and how out-of-home placement affected participation in higher education.

  (2) The information in the data dashboard under this subsection shall be disaggregated by the county, age, race, and ethnicity of the foster care recipients and homeless youth.

  (3) The data dashboard required under this subsection shall include information on:

    (i) The rate of enrollment in institutions of higher education by placement;

    (ii) The type of institution of higher education in which foster care recipients and homeless youth are enrolled;

    (iii) The type of financial support provided to foster care recipients and homeless youth enrolled in an institution of higher education, including the number that:

      (1) Received a tuition exemption during the previous academic year; and

      (2) Previously received a tuition exemption at any point during their enrollment at the institution of higher education but did not receive the tuition during the previous academic year; and

    (iv) The graduation rate for foster care recipients and homeless youth from institutions of higher education.

  (4) On or before December 15, 2021, and each December 15 thereafter, the Center shall send to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly a copy of the data dashboard published under this subsection, as the dashboard appeared on the date it is sent.

#### Section 24-703.2

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Aggregated data" means de-identified data that is summarized by type of program of study or educational institution.

  (3) "Student information" means:

    (i) Student Social Security number;

    (ii) Program of study;

    (iii) Enrollment; and

    (iv) Name of educational institution.

  (4) "Tax information" means income tax records, wage information, and other data stored by the Comptroller.

(b)

  (1) The Center and the Comptroller jointly shall develop a protocol for research purposes for the:

    (i) Center to send student information to the Comptroller;

    (ii) Comptroller to match student information to tax information; and

    (iii) Comptroller to produce aggregated data from the matched information on the average amount of wage or salary earnings from self-employment or other sources of income for individuals within each educational institution or program of study.

  (2) The Comptroller may not produce any aggregated data that may be identifiable based on the size or uniqueness of the population under consideration.

(c) The Center and the Comptroller jointly shall develop data handling and security standards for the Comptroller to utilize for the protocol, including:

  (1) Data retention and disposition policies;

  (2) Authorized access and authentication for authorized access policies;

  (3) Privacy compliance standards; and

  (4) Breach notification and procedures.

(d) The Comptroller shall comply with any data privacy and security standards in accordance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies.

#### Section 24-703.3

(a) The Center shall develop a protocol that is fully aligned with the Center's data sets and security standards for:

  (1) A county board to convert a student's home address and geolocation information into census tract and block numbers; and

  (2) The Department to collect the census tract and block number information from a county board and provide the information to the Center.

(b) For fiscal years 2021 and 2022, the Governor shall appropriate in the annual State budget $100,000 to the Center for development of the protocol under this section.

#### Section 24-703.4

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "FedRAMP" means the Federal Risk and Authorization Management Program managed by the U.S. General Services Administration.

  (3) "Third-party data center" means a secure computational research platform managed by a person other than a state agency that allows states to securely share data for purposes of data matching and multistate reporting.

(b)

  (1) Subject to the requirements of this section, the Governing Board may authorize the Center to provide individual-level student data and individual-level workforce data to a third-party data center only for the purpose of facilitating multistate research and reporting on student outcomes.

  (2) The Governing Board may authorize the sharing of data under paragraph (1) of this subsection only with one third-party data center at a time.

(c)

  (1) Before authorizing the Center to provide data to a third-party data center, the Governing Board shall ensure that the third-party data center:

    (i) Has data handling and security standards that are at least as rigorous as those employed by the Center;

    (ii) Is a FedRAMP-authorized and -certified platform;

    (iii) Uses personally identifiable information only to the extent that is necessary for matching student data and workforce data with data from other states;

    (iv) Employs privacy-enhancing techniques, including data hashing, in place of personally identifiable data whenever appropriate;

    (v) Uses only de-identified data for analytic purposes;

    (vi) Releases only aggregate data in reports and other output; and

    (vii) Does not report data in any form that may be used to identify individuals based on the size or uniqueness of the population under consideration.

  (2) Before providing any data to a third-party data center, the Center shall enter into a written data sharing agreement with a third-party data center, in which the third-party data center agrees to comply with:

    (i) The conditions listed under paragraph (1) of this subsection;

    (ii) State and federal laws relating to data privacy; and

    (iii) Any other criteria the Governing Board determines are appropriate.

  (3) Each year, the Governing Board shall review an authorized data sharing agreement to ensure that the use of student data and workforce data by the third-party data center remains compliant with the terms of the agreement.

(d) Before providing any data to a third-party data center, the Governing Board shall affirmatively approve:

  (1) The sharing of the data elements that constitute each data set;

  (2) The sharing of each data set; and

  (3) Each proposed research or reporting project that seeks to use Maryland data.

(e)

  (1) Within 30 days after entering into a written data sharing agreement with a third-party data center in accordance with this section, the Center shall submit a report to the Senate Committee on Education, Energy, and the Environment and the House Ways and Means Committee, in accordance with Sec. 2-1257 of the State Government Article, that includes:

    (i) The name of the third-party data center;

    (ii) A summary of the data to be shared; and

    (iii) The purpose of and value to the State for entering into the data sharing agreement.

  (2) Within 1 year of the date the report under paragraph (1) of this subsection was submitted and each year thereafter until the data sharing agreement is no longer in effect, the Center shall submit a report to the Senate Committee on Education, Energy, and the Environment and the House Ways and Means Committee, in accordance with Sec. 2-1257 of the State Government Article, that describes:

    (i) The status of the data sharing agreement;

    (ii) How the data is being used to further the purposes and stated value of the data sharing agreement; and

    (iii) Any violations of the data sharing agreement, if any, and steps taken to remedy the violations.

#### Section 24-704

(a) There is a Governing Board of the Center.

(b) The Governing Board shall include the following members:

  (1) The Secretary of Higher Education, or the Secretary's designee;

  (2) The Chancellor of the University System of Maryland, or the Chancellor's designee;

  (3) The President of Morgan State University, or the President's designee;

  (4) The State Superintendent of Schools, or the Superintendent's designee;

  (5) The Secretary of Juvenile Services, or the Secretary's designee;

  (6) The Secretary of Labor, or the Secretary's designee;

  (7) The Secretary of Human Services, or the Secretary's designee;

  (8) A representative of local superintendents of schools, appointed by the Governor with the advice and consent of the Senate;

  (9) A representative of the executive directors of the health occupations boards, appointed by the Governor with the advice and consent of the Senate;

  (10) The Executive Director of the Maryland Association of Community Colleges, or the Executive Director's designee;

  (11) The President of the Maryland Independent College and University Association, or the President's designee; and

  (12) Four members of the public, appointed by the Governor with the advice and consent of the Senate.

(c) One of the public members of the Governing Board shall have expertise in large data systems and data security.

(d) The Governor shall appoint a chair of the Governing Board from among its members.

(e) A member appointed by the Governor:

  (1) Serves at the pleasure of the Governor;

  (2) Serves for a term of 3 years and until a successor is appointed and qualifies; and

  (3) May be reappointed but may not serve more than two consecutive terms.

(f) A member of the Governing Board:

  (1) May not receive compensation as a member of the Governing Board; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Governing Board shall:

  (1) Establish the organizational placement and location of the Center after seeking and evaluating proposals from interested entities based on criteria that shall include:

    (i) The ability of the entity to support the operation of a large data system;

    (ii) Strength of funding support; and

    (iii) Expertise in data security;

  (2) Develop an implementation plan to phase in the establishment and operation of the Maryland Longitudinal Data System and the Center;

  (3) Provide general oversight and direction to the Center;

  (4) Approve the annual budget for the Center;

  (5) Establish the policy and research agenda of the Center;

  (6) Before the incorporation of any individual data in the Maryland Longitudinal Data System:

    (i) Create an inventory of the individual student data:

      (1) Proposed to be maintained in the system; and

      (2) Required to be reported by State and federal education mandates;

    (ii) Develop and implement policies to comply with the federal Family Educational Rights and Privacy Act and any other privacy measures, as required by law or the Governing Board; and

    (iii) Develop a detailed data security and safeguarding plan that includes:

      (1) Authorized access and authentication for authorized access;

      (2) Privacy compliance standards;

      (3) Privacy and security audits;

      (4) Breach notification and procedures; and

      (5) Data retention and disposition policies;

  (7) Approve data sharing with third-party data centers in accordance with Sec. 24-703.4 of this subtitle;

  (8) Oversee routine and ongoing compliance with the federal Family Educational Rights and Privacy Act and other relevant privacy laws and policies;

  (9) Ensure that any contracts that govern databases that are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance;

  (10) Designate a standard and compliance timeline for electronic transcripts that includes the use of SASID to ensure the uniform and efficient transfer of student data between local education agencies and institutions of higher education; and

  (11) Review research requirements and set policies for the approval of data requests from State and local agencies, the Maryland General Assembly, and the public.

#### Section 24-705

(a) The Governing Board shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on or before December 15 of each year.

(b) The report shall include:

  (1) An update on the implementation of the Maryland Longitudinal Data System and the Center's activities;

  (2) A list of all studies performed by the Center during the reporting period;

  (3) A list of currently warehoused data that is determined to be no longer necessary to carry out the mission of the Center;

  (4) Any proposed or planned expansion of data maintained in the database; and

  (5) Any other recommendations made by the Governing Board.

#### Section 24-706

The Center shall adopt regulations to implement the provisions of this subtitle.

#### Section 24-707

(a) Local education agencies, community colleges, public senior higher education institutions, the Department of Human Services, and other State agencies shall:

  (1) Make every effort to comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System as set forth by the Governing Board; and

  (2) Transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g)(6) of this subtitle.

(b) Private secondary schools may transfer student data and workforce data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g)(6) of this subtitle.

(c)

  (1) For-profit institutions of higher education, private nonprofit institutions of higher education that do not receive State funds, and institutions of higher education that are required to register under Sec. 11-202.2 of this article shall transfer student-level enrollment data, degree data, and financial aid data for all Maryland residents to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g)(6) of this subtitle.

  (2) Private nonprofit institutions of higher education that receive State funds shall transfer student-level enrollment data, degree data, financial aid data, and credit data for all students to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g)(6) of this subtitle.

  (3) An institution that transfers or discloses student-level data under paragraph (1) or (2) of this subsection is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:

    (i) The Maryland Longitudinal Data System Center;

    (ii) A State agency; or

    (iii) A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.

  (4) If the Maryland Independent College and University Association transfers or discloses student-level data to the Maryland Longitudinal Data System or a State agency on behalf of a private nonprofit institution of higher education under paragraph (1) or (2) of this subsection, the association is not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of the data that results from an act or omission by:

    (i) The Maryland Longitudinal Data System Center;

    (ii) A State agency; or

    (iii) A person provided access to the data by the Maryland Longitudinal Data System Center or a State agency.

(d) Notwithstanding any other provision of law, a licensing authority shall:

  (1) Make every effort to comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System as set forth by the Governing Board; and

  (2) Transfer student data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g) of this subtitle.

(e) An industry certifier that receives State funds shall:

  (1) Comply with the data requirements and implementation schedule for the Maryland Longitudinal Data System set forth by the Governing Board; and

  (2) Transfer student data to the Maryland Longitudinal Data System in accordance with the data security and safeguarding plan developed under Sec. 24-704(g) of this subtitle.

### Subtitle 9. Northeast Maryland Higher Education Advisory Board

#### Section 24-901

(a) In this subtitle the following terms have the meanings indicated.

(b) "Board" means the Northeast Maryland Higher Education Advisory Board.

(c) "Center" means the University Center at HEAT.

(d) "Commission" means the Maryland Higher Education Commission.

(e) "Site" means a location where a 4-year institution of higher education offers Commission-approved undergraduate and graduate programs in Cecil County or Harford County.

#### Section 24-902

There is a Northeast Maryland Higher Education Advisory Board.

#### Section 24-903

(a) The Board consists of the following voting members:

  (1) One representative of each of the 4-year institutions of higher education offering a Commission-approved program at the Center or at a site, appointed by the institution; and

  (2) The following  10 representatives, appointed in accordance with the bylaws of the Board:

    (i) Three representatives of regional businesses, industries, or corporations;

    (ii) One representative of the Cecil County Office of Economic Development;

    (iii) One representative of the Harford County Office of Economic Development;

    (iv) One representative of Cecil College;

    (v) One representative of Harford Community College;

    (vi) One representative of the Northeast Maryland University Research Park; and

    (vii) Two representatives chosen from the community at large.

(b)

  (1) Each member serves for a term of 3 years and until a successor is appointed and qualifies.

  (2) A member may not serve more than two full consecutive terms.

  (3) 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.

(c)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph, the chair of the Board shall be elected by the Board from among its members.

    (ii) A member who is a representative of an out-of-state institution may not serve as chair.

  (2) The voting members may elect other officers and establish committees, including advisory committees, as needed.

(d) In addition to the voting members, the following individuals shall serve as ex officio, nonvoting members:

  (1) The Senior Mission Commander of the Aberdeen Proving Ground, or the Commander's designee;

  (2) The Garrison Commander of the Aberdeen Proving Ground, or the Commander's designee; and

  (3) The Center Director.

(e) Each member of the Board:

  (1) Serves without compensation; and

  (2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

#### Section 24-904

(a) In addition to the other powers expressly granted and duties imposed by this title, and subject to the authority of the Commission, the Board has only the powers and duties set forth in this section.

(b) The Board shall:

  (1) Assist and support the development of higher education in Cecil County and Harford County;

  (2) Assist in setting the missions of and accomplishing the goals and objectives of the sites in Cecil County and Harford County;

  (3) Advise the Center, site coordinators, and the supervisory staff to whom the coordinators report on programs offered and facility utilization;

  (4) Provide guidance and support in identifying institutions and programs to serve higher education and workforce needs in Cecil County and Harford County;

  (5) Assist with the marketing and promotion of programs offered at the Center and sites;

  (6) Facilitate interactions among the business, nonprofit, education, and military communities;

  (7) Keep separate records and minutes; and

  (8) Adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.

(c) The Board may apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person.

(d) The Board may make agreements with the federal, State, or a county government or any other person, if it considers the agreement advisable for the support of higher education.

(e) The Board may adopt a corporate seal.

(f) In addition to other reports that may be required by the Commission, the Board shall:

  (1) Keep records that are consistent with sound business practices and accounting records using generally accepted accounting principles;

  (2) Cause an audit by an independent certified public accountant to be made of the accounts and transactions of the Center at the conclusion of each fiscal year; and

  (3) For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with Sec.Sec. 2-1220 through 2-1227 of the State Government Article.

### Subtitle 10. Frederick Center for Research and Education in Science and Technology Governing Board

#### Section 24-1001

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means the Frederick Center for Research and Education in Science and Technology Governing Board.

(c) "Commission" means the Maryland Higher Education Commission.

(d) "Frederick CREST" means the Frederick Center for Research and Education in Science and Technology.

(e) "Site" means a 4-year institution of higher education that offers Commission-approved undergraduate and graduate programs at Frederick CREST.

#### Section 24-1002

There is a Frederick Center for Research and Education in Science and Technology that is governed by the Frederick Center for Research and Education in Science and Technology Governing Board.

#### Section 24-1003

(a) The Board consists of the following voting members:

  (1) One representative of each of the 4-year institutions of higher education offering a Commission-approved program at Frederick CREST and at a site, appointed by the institution;

  (2) The following nine representatives, appointed in accordance with the bylaws of the Board:

    (i) Five members of the Frederick County Business Roundtable for Education Executive Committee who are appointed as representatives from the following groups:

      (1) The Frederick County Chamber of Commerce;

      (2) Frederick Community College;

      (3) Frederick County Public Schools;

      (4) Frederick County Office of Economic Development; and

      (5) Frederick National Laboratory for Cancer Research (operating contractor);

    (ii) Two representatives of regional businesses, industries, or corporations; and

    (iii) Two representatives chosen from the community at-large;

  (3) The President of Hood College; and

  (4) The President of Mount St. Mary's University.

(b)

  (1) Each member serves for a term of 3 years and until a successor is appointed and qualifies.

  (2) A member may not serve more than two full consecutive terms.

  (3) 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.

(c)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph, the chair of the Board shall be elected by the Board from among its members.

    (ii) A member who is a representative of an out-of-state institution may not serve as chair.

  (2) The voting members may elect other officers and establish committees, including advisory committees, as needed.

(d) In addition to the voting members, the following individuals shall serve as ex officio, nonvoting members:

  (1) The Senior Mission Commander of Fort Detrick;

  (2) The representative from Fort Detrick on the Frederick County Business Roundtable for Education Executive Committee;

  (3) The National Cancer Institute's senior mission leader for the Frederick National Laboratory for Cancer Research, or the leader's designee; and

  (4) The Director of Frederick CREST.

(e) Each member of the Board:

  (1) Serves without compensation; and

  (2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

#### Section 24-1004

(a) In addition to the other powers expressly granted and duties imposed by this subtitle, and subject to the authority of the Commission, the Board has only the powers and duties set forth in this section.

(b) The Board shall:

  (1) Operate and exercise general control over Frederick CREST;

  (2) Assist and support the development of higher education in the Frederick region;

  (3) Assist in setting the missions of and accomplishing the goals and objectives of the sites in Frederick County;

  (4) Assist in establishing a Frederick regional higher education center to be named the Frederick Center for Research and Education in Science and Technology;

  (5) Provide guidance and support in identifying institutions and programs to serve higher education and workforce needs in Frederick County;

  (6) Assist with the marketing and promotion of programs offered at Frederick CREST and sites;

  (7) Facilitate interactions among the business, nonprofit, education, military, and Frederick National Laboratory communities;

  (8) Keep separate records and minutes; and

  (9) Adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.

(c) The Board may fix the salaries and terms of employment of the Director and other employees of Frederick CREST.

(d) The Board may purchase, lease, or otherwise acquire any property it considers necessary for the operation of Frederick CREST.

(e)

  (1) The Board may sell, lease, or otherwise dispose of assets or property of Frederick CREST.

  (2) The Director of Frederick CREST or the chair of the Board may execute a conveyance or other legal document under an appropriate resolution of the Board.

(f) The Board shall ensure that all academic programs and policies of Frederick CREST and sites are in compliance with the policies of and approved by the Commission for regional higher education centers in accordance with Sec. 11-105 of this article.

(g) The Board shall submit an adopted mission statement to the Commission subject to the policies and guidelines of the Commission.

(h) The Board may apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person.

(i) The Board may make agreements with the federal, the State, or a county government or any other person if the Board considers the agreement advisable for the operation of Frederick CREST.

(j) The Board may adopt a corporate seal.

(k) In addition to other reports that may be required by the Commission, the Board shall:

  (1) Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles;

  (2) Cause an audit by an independent certified public accountant to be made of the accounts and transactions of Frederick CREST at the conclusion of each fiscal year; and

  (3) For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with Sec.Sec. 2-1220 through 2-1227 of the State Government Article.

### Subtitle 12. Police Department of the Johns Hopkins University

#### Section 24-1201

(a) In this subtitle the following words have the meanings indicated.

(b) "Accountability Board" means the University Police Accountability Board.

(c)

  (1) "Campus area" means any property that is:

    (i) Owned, leased, operated by, or under the control of the University;

    (ii) Located on:

      (1) The Homewood campus, meaning the area bounded by West University Parkway and East University Parkway on the north, East 28th Street and West 28th Street on the south, Remington Avenue and Stony Run stream on the west, and North Calvert Street on the east;

      (2) The East Baltimore campus, meaning the area bounded by East Eager Street on the north, East Baltimore Street on the south, North Caroline Street on the west, and North Castle Street on the east; or

      (3) The Peabody campus, meaning the area bounded by West Madison Street and East Madison Street on the north, East Hamilton Street and West Hamilton Street on the south, Cathedral Street on the west, and Saint Paul Street on the east; and

    (iii) Used for educational or institutional purposes.

  (2) "Campus area" includes the public property that is immediately adjacent to the campus, including:

    (i) A sidewalk, a street, or any other thoroughfare; and

    (ii) A parking facility.

(d) "Memorandum of understanding" means an agreement between the Johns Hopkins University and the Baltimore Police Department regarding matters related to police jurisdiction and operations.

(e) "Police department" means a University police department established under this subtitle.

(f) "University" means the Johns Hopkins University.

(g) "University police officer" means a police officer of a police department established under this subtitle.

#### Section 24-1202

(a) Subject to the requirements of this subtitle, the Johns Hopkins University may establish a police department based on a memorandum of understanding.

(b) The memorandum of understanding shall require that the Baltimore Police Department:

  (1) Have primary responsibility for all investigations and arrests related to Part I offenses specified under the Uniform Crime Reporting Program, except:

    (i) Theft;

    (ii) Burglary; and

    (iii) Motor vehicle taking;

  (2) Maintain any evidence collected from crime scenes at the Evidence Control Unit of the Baltimore Police Department, in accordance with Baltimore Police Department governing procedures and regulations; and

  (3) Impound any stolen vehicles in accordance with Baltimore Police Department governing procedures and regulations.

(c)

  (1) Subject to paragraph (2) of this subsection, a University police officer has the powers granted to a peace and police officer.

  (2)

    (i) A University police officer may exercise these powers only:

      (1) On the University's campus area; and

      (2) Subject to subparagraph (ii) of this paragraph, within areas adjacent to the campus area, as specified in the executed memorandum of understanding developed with input from the relevant community.

    (ii) A University police officer may exercise these powers within areas adjacent to the campus area only if:

      (1) The University receives a majority of support from the members of the relevant campus-adjacent communities for the police department to operate in their communities; and

      (2) The Baltimore City Council approves a resolution affirming that the University has received the support required under item 1 of this subparagraph of the campus-adjacent community areas in which the police department is authorized to operate.

    (iii) A University police officer may not exercise these powers on any other property unless:

      (1) Engaged in fresh pursuit of a suspected offender;

      (2) Necessary to facilitate the orderly flow of traffic to and from a campus area;

      (3) Specially requested or authorized to exercise the powers in Baltimore City by the Mayor of Baltimore City if:

      (A) There is a sudden and unforeseen emergency of such public gravity and urgency that it requires an immediate response to protect the public welfare; and

      (B) The Mayor issues an order declaring an emergency that specifies the manner in which the police officer's powers will be exercised; or

      (4) Ordered to exercise the powers by the Governor under a declared state of emergency.

#### Section 24-1203

(a) If the University establishes a police department under this subtitle, the University shall:

  (1) Adopt standards, qualifications, and prerequisites for hiring and training University police officers that comply with the regulations of the Maryland Police Training and Standards Commission;

  (2) Adopt standards for character, education, human relations, public relations, and experience for University police officers;

  (3) Ensure constitutional and community-oriented policing through the adoption of policies, practices, and training that:

    (i) Promote recruiting and hiring diverse candidates, using local hiring and residency initiatives;

    (ii) Advance impartial and nondiscriminatory policing to promote disability and diversity awareness and prevent profiling and implicit bias against racial, ethnic, sexual, religious, and other minorities;

    (iii) Promote appropriate interactions with individuals who:

      (1) Are under the age of 18;

      (2) Have behavioral health or other disabilities; or

      (3) Are in crisis;

    (iv) Ensure appropriate use of force, including:

      (1) The use of alternatives to force;

      (2) The use of de-escalation techniques; and

      (3) For any officer who carries a firearm, the use of nonlethal or less-lethal weapons;

    (v) Guarantee the adoption and use of appropriate and effective technology;

    (vi) Ensure safe and humane treatment of individuals in custody;

    (vii) Support the lawful exercise of rights of free expression, particularly in the context of a university community;

    (viii) Build trust between victims of sexual assault and the police department and other University officials, consistent with University policy and federal and State law;

    (ix) Promote community engagement, including:

      (1) Reporting community engagement plans each year to the Accountability Board established under Sec. 24-1205 of this subtitle; and

      (2) Establishing a process to consider community or University requests for additional jurisdiction for the police department;

    (x) Establish a process to:

      (1) Allow any person, including members of the police department, to file complaints against University police officers; and

      (2) Ensure timely investigation of all complaints regarding the police department and its employees;

    (xi) Require training for University police officers regarding searches, including consensual searches; and

    (xii) Require that a University police officer be certified by the Maryland Police Training and Standards Commission;

  (4) Subject to subsection (b) of this section, within 5 years after the execution of a memorandum of understanding under Sec. 24-1202 of this subtitle, maintain a police department in which at least 25% of the police department's workforce are residents of Baltimore City;

  (5) Require University police officers to wear and use body-worn cameras in accordance with:

    (i) Procedures adopted by the University; and

    (ii) The body-worn camera policy established by the Maryland Police Training and Standards Commission under Sec. 3-511 of the Public Safety Article;

  (6) Employ not more than 100 employees within the police department; and

  (7) Seek accreditation by the Commission on Accreditation for Law Enforcement Agencies, the International Association of Campus Law Enforcement Administrators, or a similar organization.

(b) Subsection (a)(4) of this section may not be construed to require the University to hire an officer who:

  (1) Does not meet the police officer certification requirements of the Maryland Police Training and Standards Commission specified under Sec. 3-209 of the Public Safety Article; or

  (2) Fails an assessment that evaluates an applicant based on the standards adopted under subsection (a)(2) of this section.

(c) If the University establishes a police department under this subtitle, the University shall host or participate in at least four job events in each calendar year, located in different sites in Baltimore City, representative of the Baltimore City community, at which individuals are interviewed for positions in the police department workforce.

(d)

  (1) Except as provided in paragraph (2) of this subsection, if the University establishes a police department under this subtitle, the police department may not acquire any military grade vehicle or military grade hardware, including:

    (i) An armored or weaponized:

      (1) Aircraft;

      (2) Drone; or

      (3) Vehicle; or

    (ii) A weapon designated as a Title II weapon under the National Firearms Act.

  (2) If any of the items specified under paragraph (1) of this subsection are available for commercial sale in the State, the University, at its own expense, may purchase the items for the police department.

  (3) The police department may not accept any of the items specified under paragraph (1) of this subsection from a program operated by the federal government for the transfer of surplus military equipment to a law enforcement agency.

(e) If the University establishes a police department under this subtitle, the police department shall acknowledge and respond to any recommendations of the University Police Accountability Board within 120 days after receiving the recommendations.

#### Section 24-1204

If the University establishes a police department under this subtitle, the University shall continue to make use of University security personnel or building guards in addition to the police department.

#### Section 24-1205

(a) If the University establishes a police department under this subtitle, the University shall establish a University Police Accountability Board.

(b) The purpose of the Accountability Board is to:

  (1) Enable community members to share community concerns regarding the police department directly with police department leadership;

  (2) Review police department metrics;

  (3) Provide feedback on existing police department policies and practices, including police department standards for hiring and recruitment; and

  (4) Suggest ideas for improving police department policies, procedures, and performance, including ideas for community-based public safety initiatives.

(c)

  (1) The Accountability Board shall be composed of 15 individuals, including:

    (i) Students, faculty, and staff of the University;

    (ii) Members of the Baltimore City community from the neighborhoods adjacent to the campus area; and

    (iii) A member of the Johns Hopkins University Black Faculty and Staff Association.

  (2) The Accountability Board shall include at least one community representative who is unaffiliated with the University from each of the following neighborhoods:

    (i) The neighborhood adjacent to the University's Homewood campus;

    (ii) The neighborhood adjacent to the University's East Baltimore campus; and

    (iii) The neighborhood adjacent to the University's Peabody campus.

  (3) Except as provided in paragraph (4) of this subsection, University leadership shall appoint the individuals to the Accountability Board with the advice and consent of the Senate.

  (4)

    (i) The Mayor of Baltimore City and the Baltimore City Council President each shall appoint an individual to the Accountability Board.

    (ii) University leadership, in consultation with the Baltimore City Council, shall appoint the community representatives specified under paragraph (2) of this subsection with the advice and consent of the Senate.

(d) The Accountability Board shall have the authority to:

  (1) Review police department metrics involving crime;

  (2) Review current and prospective police department policies, procedures, and training; and

  (3) Provide recommendations to the University on current and prospective police department policies, procedures, and training.

(e) The Accountability Board shall:

  (1) Meet at least quarterly;

  (2) Hold at least one public meeting each year to seek input on police department policies, procedures, and training from community members of Baltimore City; and

  (3) Post the minutes from each meeting in a prominent manner on a website available to the public.

#### Section 24-1206

If the University establishes a police department under this subtitle, the police department is subject to the jurisdiction of the Civilian Review Board of Baltimore City established under Sec. 16-42 of the Public Local Laws of Baltimore City.

#### Section 24-1207

If the University establishes a police department under this subtitle, the police department shall establish at least one Police Athletic/Activity League in Baltimore City through the National Association of Police Athletic/Activities Leagues, Inc., at its own expense.

#### Section 24-1208

(a) If the University establishes a police department under this subtitle, on or before October 1 each year, the University shall report for the previous fiscal year:

  (1) The total number of University police officers employed by the University;

  (2) The following information relating to individuals who applied to join the University police department workforce:

    (i) The total number of individuals who applied, reported by county, state, and zip code of residence;

    (ii) The total number of individuals who were hired as members of the workforce, reported by county, state, and zip code of residence;

    (iii) The number of applicants, reported by county, state, and zip code of residence, who were disqualified during the application process for failing to meet the certification requirements of the Maryland Police Training and Standards Commission;

    (iv) The number of applicants, reported by county, state, and zip code of residence, who were disqualified by failing an assessment that evaluates an applicant based on the standards adopted under Sec. 24-1203(a)(2) of this subtitle; and

    (v) The number of Baltimore City residents, reported by zip code of residence, who were hired as members of the workforce;

  (3) The following information, reported by county, state, and zip code of residence, for the Johns Hopkins University Campus Security workforce:

    (i) The number of applicants to the workforce; and

    (ii) The number of individuals hired to the workforce;

  (4) The amount of funds used to maintain the police department;

  (5) The total number of crimes that resulted in a University police officer arresting an individual;

  (6) The types of crimes that resulted in a University police officer arresting an individual;

  (7) The total number of traffic stops;

  (8)

    (i) The number, type, and disposition of complaints filed against University police officers; and

    (ii) The number and type of individuals who filed complaints, including whether the individual who filed the complaint was a student, a faculty member, a staff member, or an individual unaffiliated with the University;

  (9) A description of the complaint review process the University uses to review a complaint filed against a University police officer;

  (10) The number of officers disciplined, including the type of discipline administered;

  (11) The number of University police officer-involved shootings, line-of-duty deaths, and in-custody deaths;

  (12) A description of the number of community outreach events by the police department; and

  (13) A list of any surveillance technologies used by the police department.

(b) The information required under subsection (a) of this section shall be:

  (1) Disaggregated by race, ethnicity, gender, age, and, when applicable, officer rank; and

  (2) Reported in a manner, consistent with federal law, that protects the confidentiality of the individual who filed the complaint to the extent possible.

(c) The University shall report the information specified in subsection (a) of this section to:

  (1) The Mayor of Baltimore City;

  (2) The Baltimore City Council;

  (3) In accordance with Sec. 2-1257 of the State Government Article, the General Assembly; and

  (4) The Accountability Board.

(d) The University shall submit all incident reports to the Baltimore Police Department using the standard reporting policies and systems of the Baltimore Police Department.

#### Section 24-1209

Nothing in this subtitle shall be construed to affect the right of employees of the police department to form, join, support, or participate in a labor organization to engage in collective bargaining under applicable federal law.

#### Section 24-1210

(a) If the University establishes a police department under this subtitle, the police department shall allow a person or governmental unit to access information in the same manner as a person or governmental unit would be able to access a public record of a law enforcement agency under the Public Information Act if the information is:

  (1) Included in records that are:

    (i) Created solely for law enforcement purposes; or

    (ii) Related to an arrest for a criminal offense; and

  (2) Would be subject to disclosure under the Public Information Act if the information were in a record created by a law enforcement agency.

(b) This section may not be construed to make an independent institution of higher education, as defined in Sec. 10-101 of this article, subject to the Public Information Act.

#### Section 24-1211

(a) If the University establishes a police department under this subtitle, the University, the police department, and the officers, employees, and agents of the University or police department:

  (1) Are not entitled to immunity under Title 5, Subtitle 3 of the Courts Article (Local Government Tort Claims Act), Title 12, Subtitle 1 of the State Government Article (Maryland Tort Claims Act), or common law public official immunity; and

  (2) May not raise the defense of sovereign immunity.

(b) No action may be maintained against the State for the conduct or other acts of the University, the police department, or the officers, employees, or agents of the University or police department.

#### Section 24-1212

(a)

  (1) If the University establishes a police department under this subtitle, the Department of Legislative Services shall conduct a preliminary evaluation of the police department on or before December 15, 2027, in the same manner as a preliminary evaluation is conducted under the Maryland Program Evaluation Act.

  (2) If the Legislative Policy Committee does not determine that a full evaluation is needed, the Department of Legislative Services shall prepare legislation to extend the termination date under subsection (c) of this section and the evaluation date under paragraph (1) of this subsection.

(b) If the Legislative Policy Committee determines a full evaluation is necessary, the Department of Legislative Services shall, in the same manner as is required under the Maryland Program Evaluation Act:

  (1) Conduct a full evaluation in the same manner as a full evaluation; and

  (2) Issue a full report to the General Assembly recommending that this subtitle should be reestablished, with or without changes, or allowed to terminate.

(c) Subject to the evaluation and reestablishment provisions of this section, this subtitle and all policies and standards adopted under this subtitle shall terminate and be of no further effect after July 1, 2029.

#### Section 24-1213

(a) The University shall be solely responsible for the pension, retirement, and any other benefits afforded to the employees of the police department.

(b) The employees of the police department are not entitled to State pension, State retirement, or any other benefits afforded to State personnel arising out of their employment with the police department.

### Subtitle 13. Inmate Training and Job Pilot Program

#### Section 24-1301

(a) In this subtitle the following words have the meanings indicated.

(b) "Commission" means the Maryland Higher Education Commission.

(c) "Division" means the Division of Correction within the Department of Public Safety and Correctional Services.

(d) "Governing entity" means:

  (1) The President of Bowie State University;

  (2) The President of Coppin State University;

  (3) The Board of Regents of Morgan State University;

  (4) The President of the University of Maryland Eastern Shore; and

  (5) The president, board of trustees, board of regents, or any other head of an institution of postsecondary education at which the Commission establishes a Pilot Program under Sec. 24-1302 of this subtitle.

(e) "Institution of postsecondary education" has the meaning stated in Sec. 10-101 of this article.

(f) "Pilot Program" means the Inmate Training and Job Pilot Program.

#### Section 24-1302

(a)

  (1) There is an Inmate Training and Job Pilot Program at:

    (i) Bowie State University;

    (ii) Coppin State University;

    (iii) Morgan State University; and

    (iv) The University of Maryland Eastern Shore.

  (2) The Commission may establish a Pilot Program at an institution of postsecondary education not listed under paragraph (1) of this subsection through a memorandum of understanding.

(b) The purpose of each Pilot Program is to provide educational and vocational training opportunities for an incarcerated individual in the 12 months preceding the incarcerated individual's date of release.

(c) The Pilot Program shall be administered jointly by the Commission and the governing entity of each institution of postsecondary education, with the cooperation of the Division.

#### Section 24-1303

(a)

  (1) Each Pilot Program shall have an individualized plan designed to prepare the incarcerated individual for success on release.

  (2) The individualized plan shall specify a professor or other staff member at the institution of postsecondary education who shall serve as the primary contact responsible for each incarcerated individual's participation and education in the Pilot Program.

  (3)

    (i) The primary contact shall select at least three students to serve as Pilot Program mentors who are:

      (1) At least 18 years old;

      (2) Enrolled in the institution of postsecondary education; and

      (3) If a Pilot Program is located at a 4-year institution of postsecondary education, enrolled in their junior or senior year.

    (ii) A student who participates in the Pilot Program shall receive course credit and a small stipend from the Pilot Program.

  (4) To ensure that the incarcerated individual receives the support necessary to succeed, the primary contact shall meet with the incarcerated individual regularly during the incarcerated individual's participation in the Pilot Program.

  (5) The primary contact shall work with the Division to ensure that the timing of course participation and Pilot Program meetings works with an incarcerated individual's schedule.

(b) Each governing entity shall ensure that an incarcerated individual participating in the Pilot Program is enrolled in a course or courses that:

  (1) Are credit bearing and may contribute to course graduation requirements for an institution of postsecondary education; or

  (2) Either in isolation or as part of a series of courses, lead to an industry-recognized certificate or license.

(c) Courses provided under this section shall be:

  (1) Provided through a  suitable format as indicated by the Pilot Program in consultation with the Commission, the Division, and the applicable institution of postsecondary education, whether virtual or nonvirtual; and

  (2) Subject to regulations adopted by the Commissioner of Correction under Sec. 3-611 of the Correctional Services Article.

(d) The Division shall:

  (1) Ensure that courses and instruction are provided in a suitable manner as indicated by the Pilot Program in consultation with the Commission, the Division, and the applicable institution of postsecondary education, whether virtual or nonvirtual;

  (2) Create a safe and reasonable process, whether virtually or in person, by which to confer a degree to an incarcerated individual who is still incarcerated and who completes the requirements for a degree as part of the Pilot Program; and

  (3) On or before June 1, 2022, create a process and system in coordination with the Commission to develop a hybrid virtual and in-person learning environment in the Division's statewide system.

#### Section 24-1304

(a)

  (1) Each incarcerated individual who participates in the Pilot Program shall agree to provide the assigned institution of postsecondary education and nonprofit organization with regular updates for 2 years following the incarcerated individual's release.

  (2) Updates provided under this subsection shall include information about the Pilot Program participant's employment, enrollment in postsecondary education courses, and licensure or certification.

(b) The Commission shall establish a hotline for participants in the Pilot Program through which a former incarcerated individual may be connected to counseling and job services.

(c)

  (1) Subject to paragraph (2) of this subsection, before a Pilot Program participant's release, the Commission shall connect a participant with a nonprofit organization that serves individuals in the community where the participant plans to reside.

  (2) The Commission shall connect a participant with a nonprofit organization only if the participant desires the aid of a nonprofit organization whose mission includes aid with:

    (i) Job placement;

    (ii) Housing services; or

    (iii) Counseling services.

  (3) The Commission shall facilitate Pilot Program participant contact with the appropriate nonprofit organization.

(d) The Commission shall encourage former Pilot Program participants to serve as contacts for future Pilot Program participants.

#### Section 24-1305

(a) The Governor shall include in the annual budget bill an appropriation for the Pilot Program in the amount of:

  (1) $300,000 in fiscal year 2023;

  (2) $330,000 in fiscal year 2024;

  (3) $363,000 in fiscal year 2025; and

  (4) $363,000 in fiscal year 2026.

(b) Funding appropriated under this section shall be provided to:

  (1) The Commission for:

    (i) Costs associated with the administration of the Pilot Program, including a designated employee responsible for the administration of the Pilot Program;

    (ii) Grants made to institutions of postsecondary education that participate in the Pilot Program; and

    (iii) Stipends provided to student mentors who participate in the Pilot Program; and

  (2) The Division for costs associated with the administration of the Pilot Program within the Division, including a designated employee responsible for the administration of the Pilot Program.

(c) On or before December 15, 2022, and each December 15 through 2026, a governing entity shall report to the Commission on the number of incarcerated individuals enrolled in the Pilot Program at the institution in the current academic year.

(d)

  (1) Subject to paragraph (2) of this subsection, each year the Commission shall allocate funds to institutions of postsecondary education that participate in the Pilot Program on a pro rata basis, according to the most recent enrollment data required under subsection (c) of this section.

  (2) Institutions of postsecondary education must collectively aim to enroll at least 40 incarcerated individuals, to be divided among the institutions, to qualify for an allocation of funds under this subsection.

#### Section 24-1306

(a)

  (1) On or before July 1, 2024, the Commission, in consultation with the Division, shall submit an interim report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the progress of the Pilot Program.

  (2) On or before July 1, 2028, the Commission, in consultation with the Division, shall submit a final report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the progress of the Pilot Program.

(b) The reports required under this section shall include the following information on program participants:

  (1) The courses in which a participant enrolled;

  (2) Post-confinement employment of a participant;

  (3) Post-confinement continuing education of a participant; and

  (4) Post-confinement certification or licensure of a participant.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)