EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0717*
HOUSE BILL 717
M1, G2 5lr0363
CF 5lr0364
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Natural Resources)
Introduced and read first time: January 27, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Public Lands – Acquisition, Staffing, Operations, and 2
Funding 3
FOR the purpose of exempting certain officials or employees of the Department of Natural 4
Resources from certain provisions of the Maryland Public Ethics Law; altering 5
provisions of law regarding the Department’s acquisition of real property; 6
establishing a Land and Property Management Program in the Department to 7
process certain real property transactions; authorizing the Department to establish 8
affiliated foundations to work with certain services and offices of the Department to 9
solicit and accept funds for certain improvements, promote certain activities, and 10
partner with individuals and entities to support certain projects; altering the 11
contents of the Forest or Park Reserve Fund; authorizing the Governor to transfer 12
certain Program Open Space funds to the Department under certain circumstances 13
and for certain uses; altering and repealing certain provisions of law regarding 14
acreage attainment under Program Open Space; and generally relating to public 15
lands. 16
BY repealing and reenacting, with amendments, 17
Article – General Provisions 18
Section 5–501, 5–502(a), 5–503(a), 5–504, and 5–608(c) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Natural Resources 23
Section 1–109, 5–212(f), 5–903(e)(3), and 5–905(c)(1) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2024 Supplement) 26
BY adding to 27 2 HOUSE BILL 717
Article – Natural Resources 1
Section 1–109.1; 1–1101 to be under the new subtitle “Subtitle 11. Affiliated 2
Foundations”; and 5–903(i) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Natural Resources 7
Section 5–212(a) and (b) 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – General Provisions 13
5–501. 14
(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 15
DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 16
OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED UNDER § 1–1101 OF THE 17
NATURAL RESOURCES ARTICLE. 18
[(a)] (B) Except as otherwise provided in subsection [(c)] (E) of this section, an 19
official or employee may not participate in a matter if: 20
(1) the official or employee or a qualifying relative of the official or 21
employee has an interest in the matter and the official or employee knows of the interest; 22
or 23
(2) any of the following is a party to the matter: 24
(i) a business entity in which the official or employee has a direct 25
financial interest of which the official or employee reasonably may be expected to know; 26
(ii) a business entity, including a limited liability company or a 27
limited liability partnership, of which any of the following is an officer, a director, a trustee, 28
a partner, or an employee: 29
1. the official or employee; or 30
2. if known to the official or employee, a qualifying relative 31
of the official or employee; 32
(iii) a business entity with which any of the following has applied for 33
a position, is negotiating employment, or has arranged prospective employment: 34 HOUSE BILL 717 3
1. the official or employee; or 1
2. if known to the official or employee, a qualifying relative 2
of the official or employee; 3
(iv) if the contract reasonably could be expected to result in a conflict 4
between the private interest and the official State duties of the official or employee, a 5
business entity that is a party to a contract with: 6
1. the official or employee; or 7
2. if known to the official or employee, a qualifying relative 8
of the official or employee; 9
(v) a business entity, either engaged in a transaction with the State 10
or subject to regulation by the official’s or employee’s governmental unit, in which a direct 11
financial interest is owned by another business entity if the official or employee: 12
1. has a direct financial interest in the other business entity; 13
and 14
2. reasonably may be expected to know of both financial 15
interests; or 16
(vi) a business entity that: 17
1. the official or employee knows is a creditor or an obligee of 18
the official or employee, or of a qualifying relative of the official or employee, with respect 19
to a thing of economic value; and 20
2. as a creditor or an obligee, is in a position to affect directly 21
and substantially the interest of the official, employee, or qualifying relative. 22
[(a–1)] (C) (1) This subsection does not apply to an individual who is a public 23
official only as a member of a board and who receives annual compensation that is less than 24
25% of the lowest annual compensation at State grade level 16. 25
(2) A former regulated lobbyist who is or becomes subject to regulation 26
under this title as a public official or employee may not participate in a case, contract, or 27
other specific matter as a public official or employee for 1 calendar year after the 28
termination of the registration of the former regulated lobbyist if the former regulated 29
lobbyist previously assisted or represented another party for compensation in the matter. 30
[(b)] (D) (1) The prohibitions of subsection [(a)] (B) of this section do not 31
apply if participation is allowed: 32
4 HOUSE BILL 717
(i) as to officials and employees subject to the authority of the Ethics 1
Commission, by regulation of the Ethics Commission; 2
(ii) by the opinion of an advisory body; or 3
(iii) by another provision of this subtitle. 4
(2) This section does not prohibit participation by an official or employee 5
that is limited to the exercise of an administrative or ministerial duty that does not affect 6
the decision or disposition with respect to the matter. 7
[(c)] (E) (1) An official or employee who otherwise would be disqualified from 8
participation under subsection [(a)] (B) of this section shall disclose the nature and 9
circumstances of the conflict, and may participate or act, if: 10
(i) the disqualification would leave a body with less than a quorum 11
capable of acting; 12
(ii) the disqualified official or employee is required by law to act; or 13
(iii) the disqualified official or employee is the only individual 14
authorized to act. 15
(2) If the Governor, Lieutenant Governor, Attorney General, Treasurer, or 16
Comptroller is required to make a disclosure under paragraph (1) of this subsection, the 17
Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as 18
appropriate, shall send a copy of the disclosure to the presiding officers of the General 19
Assembly and to the Ethics Commission. 20
[(d)] (F) (1) This subsection applies only to: 21
(i) the Governor; 22
(ii) the Lieutenant Governor; 23
(iii) the Attorney General; 24
(iv) the Treasurer; 25
(v) the Comptroller; and 26
(vi) a secretary of a principal department in the Executive Branch. 27
(2) (i) An official who takes executive action that the official knows or 28
reasonably should know would have a material financial impact on the official or a person 29
whose interests are attributable to the official under § 5–608 of this title shall provide the 30 HOUSE BILL 717 5
Ethics Commission and the Joint Ethics Committee a description of the executive action 1
and the circumstances of the potential impact. 2
(ii) An official is not required to make a disclosure under this 3
paragraph if the impact is common to all members of: 4
1. the general public or a large class of the general public; or 5
2. a profession or occupation of which the official is a 6
member. 7
5–502. 8
(a) This section does not apply to: 9
(1) members of the General Assembly; OR 10
(2) AN OFFICIAL OR EMPLOYEE O F THE DEPARTMENT OF NATURAL 11
RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 12
FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 13
ARTICLE. 14
5–503. 15
(a) This section does not apply to: 16
(1) members of the General Assembly; OR 17
(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 18
RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 19
FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 20
ARTICLE. 21
5–504. 22
(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 23
DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 24
OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED UNDER § 1–1101 OF THE 25
NATURAL RESOURCES ARTICLE. 26
[(a)] (B) (1) This subsection does not apply to members of the General 27
Assembly. 28
6 HOUSE BILL 717
(2) Except as provided in paragraph (3) of this subsection, an official or 1
employee may not, for contingent compensation, assist or represent a party in any matter 2
before or involving any unit of the State or a political subdivision of the State. 3
(3) Paragraph (2) of this subsection does not apply to assistance to or 4
representation of a party: 5
(i) in a judicial or quasi–judicial proceeding, including a proceeding 6
before an administrative law judge in the Office of Administrative Hearings, or a matter 7
preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or 8
(ii) in a matter before or involving the Workers’ Compensation 9
Commission, the Maryland Automobile Insuranc e Fund, or the Criminal Injuries 10
Compensation Board. 11
[(b)] (C) (1) Except as provided in paragraph (2) of this subsection, a member 12
of the General Assembly may not, for compensation, assist or represent a party in any 13
matter before or involving any unit of the State or a political subdivision of the State. 14
(2) Paragraph (1) of this subsection does not apply to assistance to or 15
representation of a party: 16
(i) in matters relating to the performance of ministerial acts by a 17
governmental unit; 18
(ii) in matters involving the member’s regular business, 19
employment, or profession, in which contact with a governmental unit: 20
1. is an incidental part of the business, employment, or 21
profession; 22
2. is made in the manner that is customary for persons in 23
that business, employment, or profession; and 24
3. is not for contingent compensation; 25
(iii) in a judicial or quasi–judicial proceeding, including a proceeding 26
before an administrative law judge in the Office of Administrative Hearings, or a matter 27
preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; 28
(iv) in a matter before or involving the Workers’ Compensation 29
Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries 30
Compensation Board; or 31
(v) in a matter in which the assistance or representation, other than 32
for contingent compensation, was commenced by the member of the General Assembly 33
before: 34 HOUSE BILL 717 7
1. the member filed a certificate of candidacy for election to 1
the General Assembly at a time when the member was not an incumbent; or 2
2. if the member was appointed to fill a vacancy, the date of 3
appointment. 4
[(c)] (D) (1) A member of the General Assembly may not assist or represent 5
a person, including himself or herself, for compensation before a State or local 6
governmental agency in any matter involving: 7
(i) procurement; or 8
(ii) the adoption of regulations. 9
(2) Paragraph (1) of this subsection does not apply to an administrative 10
proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government 11
Article. 12
[(d)] (E) (1) Except for a former member of the General Assembly, who shall 13
be subject to the restrictions provided under paragraph (2) of this subsection, a former 14
official or employee may not assist or represent a party, other than the State, in a case, a 15
contract, or any other specific matter for compensation if: 16
(i) the matter involves State government; and 17
(ii) the former official or employee participated significantly in the 18
matter as an official or employee. 19
(2) (i) In this paragraph, “legislative action” does not include testimony 20
or other advocacy in an official capacity as a member of the General Assembly before a unit 21
of State or local government. 22
(ii) Except as provided in subparagraph (iii) of this paragraph: 23
1. a former member of the General Assembly may not assist 24
or represent another party for compensation in a matter that is the subject of legislative 25
action for 1 calendar year from the date the member leaves office; and 26
2. a former Governor, Lieutenant Governor, Attorney 27
General, Comptroller, State Treasurer, or secretary of a principal department of the 28
Executive Branch may not assist or represent another party for compensation in a matter 29
that is the subject of legislative action for 1 calendar year from the date the official leaves 30
State office. 31
(iii) The limitation under subparagraph (ii) of this paragraph on 32
representation by a former member of the General Assembly, Governor, Lieutenant 33 8 HOUSE BILL 717
Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 1
department of the Executive Branch does not apply to representation of a municipal 2
corporation, county, or State governmental entity. 3
[(e)] (F) Notwithstanding subsection [(a)(3)] (B)(3) of this section or § 5–502 of 4
this subtitle, a full–time official or employee in the Judicial Branch may not represent a 5
party before a court or unit of the Judicial Branch except in the discharge of official duties. 6
5–608. 7
(c) For the purposes of § 5–607 of this subtitle, interests held by a blind trust may 8
not be considered to be interests of the person making the statement if the blind trust is 9
approved by the Ethics Commission in accordance with regulations adopted under 10
[§ 5–501(b)] § 5–501(D) or § 5–502(c) of this title and is operated in compliance with those 11
regulations. 12
Article – Natural Resources 13
1–109. 14
(a) (1) IN THIS SECTION , “REAL PROPERTY INTERES T” MEANS A 15
NONLEASEHOLD INTERES T IN REAL PROPERTY . 16
(2) “REAL PROPERTY INTERES T” INCLUDES A FEE SIMPL E 17
ACQUISITION INTEREST , CONSERVATION EASEMEN T INTEREST, OR ANOTHER 18
PERPETUAL EASEMENT I NTEREST. 19
(B) (1) The Department shall negotiate the acquisition of real property 20
INTERESTS for open space, recreation, conservation, and other purposes under this article. 21
(2) [The] UNLESS OTHERWISE APPR OVED BY THE BOARD OF PUBLIC 22
WORKS, THE Department shall make each acquisition under this subsection in the name 23
of the State to the use of the Department. 24
(3) (I) AFTER ACQUIRING A REAL PROPERTY INTERE ST UNDER 25
THIS SECTION, THE DEPARTMENT SHALL INCL UDE A REQUEST FOR FU NDS IN ITS 26
ANNUAL BUDGET REQUES T TO THE DEPARTMENT OF BUDGET AND MANAGEMENT 27
TO CREATE NEW PERMAN ENT, CLASSIFIED POSITIONS TO MANAGE AND ADMINI STER 28
THE REAL PROPERTY . 29
(II) THE REQUEST FOR FUNDS SHALL BE: 30
1. BASED ON THE MOST REC ENT DATA PROVIDED BY 31
THE DEPARTMENT IN THE OPE N SPACE REPORT REQUI RED BY CHAPTER 584 OF THE 32
ACTS OF THE GENERAL ASSEMBLY OF 1995; AND 33 HOUSE BILL 717 9
2. CALCULATED USING THE RATIO OF AT LEAST ONE 1
PERMANENT , CLASSIFIED POSITION PER 400 ACRES OF NEWLY ACQUI RED REAL 2
PROPERTY INTERESTS . 3
[(b)] (C) (1) Except for A real property INTEREST that is acquired by gift AND 4
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , before [any] A real property 5
INTEREST is acquired from a private owner, the Department shall obtain two independent 6
appraisals of the property. 7
(2) THE DEPARTMENT , WITH THE APPROVAL OF THE BOARD OF 8
PUBLIC WORKS, MAY DEVELOP AND UTIL IZE AN EASEMENT VALU ATION SYSTEM TO 9
VALUE CONSERVATION E ASEMENT INTERESTS . 10
[(c)] (D) (1) [A] EXCEPT FOR A REAL PRO PERTY INTEREST THAT IS 11
ACQUIRED BY GIFT , A contract for the acquisition of [land] A REAL PROPERTY INTE REST 12
under this section shall be approved, and MAY BE executed, by the Board of Public Works. 13
(2) At least 40 days before the Board of Public Works may act on a [land] 14
REAL PROPERTY INTERE ST acquisition under this section, the Department shall give 15
written notice of a potential acquisition of [land] A REAL PROPERTY INTE REST: 16
(i) To the governing body of the county in which the [land] REAL 17
PROPERTY INTEREST is located; and 18
(ii) If the [land] REAL PROPERTY INTERE ST is located within a 19
municipal corporation, to the governing body of the municipal corporation. 20
(3) Within 30 days after receiving notice under this subsection, the 21
governing body may submit written comments to the Department. 22
[(d)] (E) The Board of Public Works shall supervise the expenditure of any 23
money that the General Assembly appropriates for the acquisition of [land] A REAL 24
PROPERTY INTEREST under this section. 25
[(e)] (F) (1) Subject to paragraphs (2) and (3) of this subsection, the 26
Department may dispose of [land] A REAL PROPERTY INTE REST owned and managed by 27
the Department as consideration for the acquisition of [land] A REAL PROPERTY 28
INTEREST not owned by the Department. 29
(2) Except as provided in paragraph (3) of this subsection, in implementing 30
this subsection, the Department shall comply with the procedures established under Title 31
5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article. 32
10 HOUSE BILL 717
(3) (i) The Department may dispose of A real property INTEREST 1
owned by the State for the use and benefit of the Department in exchange for A privately 2
owned real property INTEREST without complying with the procedures established under 3
§§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and 4
Procurement Article, if: 5
1. The privately owned real property INTEREST subject to 6
the exchange is adjacent to the real property INTEREST owned by the State for the use and 7
benefit of the Department; 8
2. The real property INTEREST owned by the State for the 9
use and benefit of the Department AND subject to the exchange is adjacent to the privately 10
owned real property INTEREST; 11
3. The real property INTEREST owned by the State AND 12
SUBJECT TO THE EXCHA NGE does not exceed 5 acres in size; and 13
4. The owner of the privately owned real property INTEREST 14
requesting the exchange pays all costs associated with the exchange of the real property 15
INTEREST, including legal fees and boundary relocation, surveying, engineering, and 16
recordation costs. 17
(ii) Prior to a REAL property INTEREST exchange under this 18
paragraph, the Department shall: 19
1. Notify in writing by electronic mail or first–class mail: 20
A. Owners of property adjacent to the privately owned real 21
property INTEREST subject to the exchange; 22
B. The General Assembly members who represent the 23
legislative district in which the real property INTEREST exchange is located; and 24
C. The governing body of the county in which the real 25
property INTEREST exchange is located; and 26
2. Refer the proposed exchange to the Board of Public Works 27
for final disposition. 28
[(f)] (G) The Board of Public Works may exempt projects under this section from 29
the provisions of this section. 30
[(g)] (H) (1) The Department shall adopt regulations to implement this 31
section. 32
HOUSE BILL 717 11
(2) The regulations adopted under paragraph (1) of this subsection shall 1
include a system for appraisal review developed by the Department in consultation with 2
the Department of General Services. 3
1–109.1. 4
(A) IN THIS SECTION , “PROGRAM” MEANS THE LAND AND PROPERTY 5
MANAGEMENT PROGRAM. 6
(B) THERE IS A LAND AND PROPERTY MANAGEMENT PROGRAM IN THE 7
DEPARTMENT . 8
(C) THE PURPOSE OF THE PROGRAM IS TO PROCESS REAL PROPERTY 9
TRANSACTIONS THAT IN VOLVE PROPERTY OWNED BY THE DEPARTMENT . 10
(D) THE PROGRAM IS RESPONSIBL E FOR: 11
(1) PROCESSING LEASE AGREEMENTS , EASEMENTS, AND OTHER 12
PROPERTY–RELATED DOCUMENTS ; AND 13
(2) FACILITATING ISSUING LEASES FOR DEPARTMENT HOUSING TO 14
DEPARTMENT EMPLOYEES IN ACCORDANCE WITH T HE DEPARTMENT ’S 15
RESIDENTIAL HOUSING POLICY. 16
SUBTITLE 11. AFFILIATED FOUNDATIONS . 17
1–1101. 18
(A) THE DEPARTMENT MAY ESTABL ISH ONE OR MORE AFFI LIATED 19
FOUNDATIONS TO WORK WITH THE MARYLAND PARK SERVICE, THE MARYLAND 20
FOREST SERVICE, THE WILDLIFE AND HERITAGE SERVICE, AND THE OFFICE OF 21
OUTDOOR RECREATION. 22
(B) THE PURPOSES OF AN AF FILIATED FOUNDA TION ARE TO: 23
(1) SOLICIT AND ACCEPT FU NDS FOR IMPROVEMENTS DESIGNED TO 24
EXPAND AND ENHANCE T HE EQUITABLE USE OF AND ACCESS TO LAN DS MANAGED 25
BY THE DEPARTMENT FOR RECREA TION AND CONSERVATIO N PURPOSES; 26
(2) PROMOTE ACTIVITIES TH AT: 27
(I) ENHANCE PUBLIC PROGRAMMING A ND RECREATIONAL AND 28
EDUCATIONAL OFFERING S; 29
12 HOUSE BILL 717
(II) RESTORE OR MAINTAIN P UBLIC ACCESS TO THE NATURAL 1
RESOURCES OF THE STATE; OR 2
(III) SUPPORT OPERATION AND MAINTENANCE ACTIVITI ES 3
WITHIN LANDS MANAGED BY THE DEPARTMENT ; AND 4
(3) PARTNER WITH INDIVIDU ALS, CORPORATIONS , AND OTHER 5
ENTITIES TO SUPPORT INNOVATIVE PROJECTS THAT ENHANCE VISITOR S’ 6
EXPERIENCES AT LANDS MANAGED BY THE DEPARTMENT , INCLUDING EDUCATING 7
VISITORS, INCREASING INCLUSIVI TY, SUPPORTING SUSTAINAB ILITY, AND 8
PROMOTING HEALTH AND WELLNESS . 9
(C) (1) THE DEPARTMENT SHALL : 10
(I) DEVELOP POLICIES FOR OPERATING EACH AFFILIATED 11
FOUNDATION THAT THE DEPARTMENT ESTABLISHE S; AND 12
(II) SUBMIT EACH POLICY DE VELOPED TO THE ATTORNEY 13
GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND , IF 14
APPROPRIATE , APPROVAL IN ACCORDAN CE WITH PARAGRAPHS (2) AND (3) OF THIS 15
SUBSECTION. 16
(2) THE ATTORNEY GENERAL SHALL : 17
(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 18
UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM AND LEGAL SU FFICIENCY; 19
AND 20
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 21
GOVERNING THE AFFILIATED FOUND ATION. 22
(3) THE STATE ETHICS COMMISSION SHALL : 23
(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 24
UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFL ICTS OF 25
INTEREST; AND 26
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 27
GOVERNING AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT WHO ALSO SERVES 28
AS A DIRECTOR OR AN OFFICIAL OF THE AFFILIATED FOUNDATIO N. 29
(D) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECEIVE 30
CONTRIBUTIONS FROM B USINESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 31 HOUSE BILL 717 13
ORGANIZATIONS , AND INDIVIDUALS INTE RESTED IN THE PROMOT ION OF LANDS 1
MANAGED BY THE DEPARTMENT . 2
(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 3
SECTION MAY NOT BE C ONSIDERED A N AGENCY OR INSTRUME NTALITY OF THE 4
STATE OR A UNIT OF TH E EXECUTIVE BRANCH FOR ANY PURPOS E. 5
(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 6
FOUNDATION ESTABLISH ED UNDER THIS SECTIO N MAY NOT BE CONSIDE RED A DEBT 7
OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT . 8
(F) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 9
ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE DEPARTMENT FROM 10
ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF AN AFFILIATED FOU NDATION 11
ESTABLISHED UNDER THIS SECTION . 12
(2) AN OFFICIAL OR EMPLOY EE OF THE DEPARTMENT WHO SERVES 13
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION ESTABLISHED 14
UNDER THIS SECTION : 15
(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 16
THE AFFILIATED FOUND ATION; AND 17
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES INCURRED 18
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 19
AFFILIATED FOUNDATIO N AS AUTHORIZED BY T HE DEPARTMENT AND THE BOARD 20
OF DIRECTORS OF THAT AFFILIATED FOUNDATIO N. 21
(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 22
COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 23
EMPLOYEE OF THE DEPARTMENT TO SERVE A S A DIRECTOR OR AN OFFICIAL OF AN 24
AFFILIATED FOUNDATIO N. 25
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 26
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 27
NOTIFY THE DEPARTMENT OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 28
JOINT SERVICE IDENTI FIED IN THE NOTICE . 29
(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 30
COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH, THE DEPARTMENT 31
SHALL REEXAMINE THE JOINT SERVICE IDENTI FIED IN THE NOTICE . 32
14 HOUSE BILL 717
(4) THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE 1
GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY 2
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND THE 3
STATE ETHICS COMMISSION ON: 4
(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 5
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION ; AND 6
(II) HOW THE POLICIES ADOP TED UNDER SUBSECTION (C) OF 7
THIS SECTION HAVE BE EN IMPLEMENTED IN THE PRECEDING YEA R. 8
(G) EACH YEAR AN INDEPENDENT CERTIFIE D PUBLIC ACCOUNTANT SHALL 9
AUDIT AN AFFILIATED FOUNDATION ESTABLISH ED UNDER THIS SECTIO N. 10
5–212. 11
(a) In this section, “Fund” means the Forest or Park Reserve Fund. 12
(b) There is a Forest or Park Reserve Fund in the Department. 13
(f) The Fund consists of: 14
(1) Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained 15
from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, 16
and recreation areas; 17
(2) Revenue distributed to the Fund from fines collected under § 5–1302 of 18
this title; [and] 19
(3) Revenue received by the Fund under § 5–207(b) of this subtitle; AND 20
(4) ANY MONEY TRANSFERRED TO THE FUND UNDER § 5–903(I)(3)(II) 21
OF THIS TITLE. 22
5–903. 23
(e) (3) An agreement under this subsection shall be subject to approval by the 24
Board of Public Works under [§ 1–109(c)] § 1–109(D) of this article. 25
(I) (1) NOTWITHSTANDING ANY O THER PROVISION OF THIS SECTION OR 26
THE ALLOCATION FORMU LAS IN § 13–209 OF THE TAX – PROPERTY ARTICLE AND 27
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE GOVERNOR MAY TRANSFER 28
TO THE DEPARTMENT FUNDS FROM THE PROGRAM OPEN SPACE STATE LAND 29
ACQUISITION BALANCE IF: 30
HOUSE BILL 717 15
(I) THE BALANCE IS MORE T HAN $80,000,000 AT THE END OF A 1
GIVEN FISCAL YEAR ; AND 2
(II) THE DEPARTMENT ’S EXISTING SPECIAL F UND SOURCES 3
ARE INSUFFICIENT TO COVER EXISTING SALAR IES FOR PERMANENT , CLASSIFIED 4
POSITIONS RESPONSIBL E FOR OPERATING AND MAINTAINING LANDS 5
ADMINISTERED AND MAN AGED BY THE DEPARTMENT . 6
(2) AFTER A FUND TRANSFER UNDER PARAGRAPH (1) OF THIS 7
SUBSECTION, THE REMAINING BALANC E MUST BE AT LEAST $80,000,000. 8
(3) (I) THE DEPARTMENT MAY USE AN Y AMOUNT OF THE 9
TRANSFERRED FUNDS AS A ONE–TIME FISCAL YEAR EXP ENDITURE FOR : 10
1. OPERATION AND MAINTENANCE OF LANDS 11
ADMINISTERED AND MAN AGED BY THE DEPARTMENT ; 12
2. ADMINISTRATIVE EXPENS ES RELATED TO LAND 13
ACQUIRED BY THE DEPARTMENT UNDER PROGRAM OPEN SPACE; OR 14
3. LAW ENFORCEMENT ACTIV ITIES, SERVICES, 15
SALARIES, AND RELATED EXPENSES OF THE NATURAL RESOURCES POLICE. 16
(II) THE DEPARTMENT MAY TRANSF ER ANY AMOUNT OF THE 17
TRANSFERRED FUNDS TO THE FOREST OR PARK RESERVE FUND ESTABLISHED 18
UNDER § 5–212 OF THIS TITLE. 19
(4) ANY FUND TRANSFER MAD E UNDER THIS SUBSECTION 20
SUPPLEMENTS RATHER T HAN SUPPLANTS ANY OT HER FUNDING FOR OPER ATION, 21
MAINTENANCE , AND ADMINISTRATION O F LANDS ADMINISTERED AND MANAGED BY 22
THE DEPARTMENT REGARDLESS OF THE SOURCE OF THE OTHER FUNDING . 23
5–905. 24
(c) (1) (i) One half of any local governing body’s annual apportionment 25
shall be used for acquisition or development projects provided that up to [20 percent] 20% 26
of the funds authorized for acquisition or development projects under this subparagraph 27
may be used for capital renewal as defined in § 5–901 of this subtitle. 28
(ii) [1. Except as provided in subsubparagraph 2 of this 29
subparagraph, if] IF the Department and the Department of Planning certify that 30
acquisition goals set forth in the current, approved local land preservation and recreation 31
plan have been met [and that such acreage attainment equals or exceeds the minimum 32
recommended acreage goals developed for that jurisdiction under the Maryland Land 33 16 HOUSE BILL 717
Preservation and Recreation Plan], a local governing body may use up to [75 percent] 100% 1
of its future annual apportionment for development projects [for a period of 5 years after 2
attainment], provided that up to [20 percent] 20% of the funds authorized for use for 3
development projects under this subparagraph may be used for capital renewal. 4
[2. If the Department and the Department of Planning certify 5
that acquisition goals set forth in the current, approved local land preservation and 6
recreation plan have been exceeded and that the acreage attainment exceeds the minimum 7
recommended acreage goals developed for that jurisdiction under the Maryland Land 8
Preservation and Recreation Plan, the local governing body of a jurisdiction that has more 9
than 65,000 acres of land within the jurisdiction consisting of State forests, State parks, or 10
wildlife management areas may use up to 100 percent of its future annual apportionment 11
for development projects and capital renewal.] 12
(iii) If a county determines that it qualifies for the additional funds 13
for development and capital renewal projects under subparagraph (ii) of this paragraph, 14
before the due date for all local governing bodies to submit revised local land preservation 15
and recreation plans, that county may submit an interim local land preservation and 16
recreation plan: 17
1. Prior to the submission under subsection (b)(2) of this 18
section; and 19
2. In addition to the submission required under subsection 20
(b)(2) of this section. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23