# 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.

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