HB 405
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 405 (Delegate Mosby, et al.)
Health and Government Operations Education, Health, and Environmental Affairs
State House Trust - Lawyer's Mall - Thurgood Marshall Memorial Statues
This bill requires the State House Trust (SHT) to ensure that the “Thurgood Marshall
Memorial statues” that were located on Lawyer’s Mall are maintained in the same material
condition that they were in on July 1, 2018. The statues may be removed as necessary only
if they are returned at the earliest practicable time to the same material condition they were
before any repair or maintenance occurred. The bill is contingent on completion of the
construction that the Department of General Services (DGS) began on Lawyer’s Mall in
August 2018.
Fiscal Summary
State Effect: The bill’s requirements can be handled with existing budgeted resources, as
discussed below. Revenues are not affected.
Local Effect: None.
Small Business Effect: None.
Analysis
Bill Summary: “Thurgood Marshall Memorial statues” means the following statues that
were located on Lawyer’s Mall on July 1, 2018: (1) the statue of Supreme Court Justice
Thurgood Marshall; (2) the statue of two children representing the Brown v. Board of
Education of Topeka decision, 347 U.S. 483 (1954); and (3) the statue of Donald Gaines
Murray, the plaintiff in the lawsuit brought by Thurgood Marshall that resulted in the racial
integration of the University of Maryland School of Law.
For purposes of the bill, the statues are considered in the same material condition if (1) the
statue of Supreme Court Justice Thurgood Marshall is returned to the exact location on
Lawyer’s Mall in which it stood on July 1, 2018, and (2) the other two statues are returned
to the exact location on Lawyer’s Mall in which they stood on July 1, 2018, if practicable.
Current Law:
State House Trust
SHT is responsible for the restoration and preservation of the State House and the
landscaping and construction of Lawyer’s Mall. In addition, the trust must disapprove, or
approve and supervise:
any proposed repair, improvement, or other change to the State House or to any
other building within State Circle, including any change to the furnishings or
fixtures of those buildings;
any proposed landscaping of the grounds of those buildings; and
any proposed improvement, nonemergency repair, or other change to
Lawyer’s Mall.
Department of General Services
DGS has jurisdiction over the operation, maintenance, and protection of specified State
buildings and public grounds in Annapolis and Baltimore. The Maryland Capitol Police
within DGS is a full-service police department that provides law enforcement and security
services for State buildings, State parking lots, and State parking garages in Annapolis and
Baltimore.
Background: In August 2018, DGS began a multi-phased construction project to replace
the underground infrastructure of Lawyer’s Mall. According to DGS, the project includes
replacement of aging utilities, renovation of Lawyer’s Mall plaza, landscaping, and other
improvements. General obligation bond funding totaling $11 million has already been
authorized for the project, and an additional $5 million is included in the Governor’s
proposed fiscal 2021 capital budget.
DGS advises that the underground work will likely be completed by September 2020;
design work for the above-ground renovation of Lawyer’s Mall is completed and has been
approved by SHT. This includes returning the Thurgood Marshall statue and
accompanying statues back to a similar location with the same interaction between the
HB 405/ Page 2
statues. The total project remains on schedule with an estimated completion for all work
by January 2021.
State Expenditures: DGS advises that the original location of the Thurgood Marshall
statue was framed in the doorway of the Department of Legislative Services (DLS)
building, and that this placement holds significance to the artist’s representation of the
memorial. The current design for the replacement of Lawyers Mall places the
Thurgood Marshall Statue back into this relationship with the door to DLS; however, DGS
advises that when the DLS building is renovated (which is likely to be in the next few
years), the door may be moved to another location. Under the bill, the statue would be
required to remain and would not be allowed to be relocated with the door.
Additional Information
Prior Introductions: Similar legislation, HB 999 of 2019, received hearing in the
House Health and Government Operations Committee, but no further action was taken on
the bill.
Designated Cross File: None.
Information Source(s): Department of General Services; Maryland State Archives;
Department of Legislative Services
Fiscal Note History: First Reader - February 7, 2020
rh/jc Third Reader - March 13, 2020
Revised - Amendment(s) - March 13, 2020
Analysis by: Richard L. Duncan Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 405/ Page 3
Statutes affected: Text - First - State House Trust - Lawyer's Mall - Thurgood Marshall Memorial Statues: 9-502 State Government, 9-505 State Government, 2-018 State Government
Text - Third - State House Trust - Lawyer's Mall - Thurgood Marshall Memorial Statues: 9-502 State Government, 9-505 State Government, 2-018 State Government