Maryland 2025 Regular Session

Maryland House Bill HB717 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0717
10	9
11	10		HOUSE BILL 717
12		-	M1, G2 (5lr0363)
13		-	ENROLLED BILL
14		-	— Environment and Transportation/Education, Energy, and the Environment —
15		-	Introduced by Chair, Environment and Transportation Committee (By Request –
	11	+	M1, G2 5lr0363
	12	+	CF 5lr0364
	13	+	By: Chair, Environment and Transportation Committee (By Request –
16	14		Departmental – Natural Resources)
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	15	+	Introduced and read first time: January 27, 2025
	16	+	Assigned to: Environment and Transportation
	17	+	Committee Report: Favorable with amendments
	18	+	House action: Adopted
	19	+	Read second time: March 2, 2025
31	20
32	21		CHAPTER ______
33	22
34	23		AN ACT concerning 1
35	24
36	25		Natural Resources – Public Lands – Acquisition, Staffing, Operations, and 2
37	26		Funding 3
38	27
39	28		FOR the purpose of exempting certain officials or employees of the Department of Natural 4
40	29		Resources from certain provisions of the Maryland Public Ethics Law; altering 5
41	30		provisions of law regarding the Department’s acquisition of real property by the 6
42	31		Department of Natural Resources; establishing a Land and Property Management 7
43	32		Program in the Department to process certain real property transactions; 8
44	33		authorizing the Department to establish affiliated foundations to work with certain 9
45	34		services and offices of the Department and the Natural Resources Police to solicit 10
46	35		and accept funds for certain improvements, promote certain activities, and partner 11
47	36		with individuals and entities to support certain projects; altering the contents of the 12
48	37		Forest or Park Reserve Fund; authorizing the Governor to transfer certain Program 13
49		-	Open Space funds to the Department under certain circumstances and for certain 14 2 HOUSE BILL 717
	38	+	Open Space funds to the Department under certain circumstances and for certain 14
	39	+	uses; altering and repealing certain provisions of law regarding acreage attainment 15
	40	+	under the use of Program Open Space local funding; and generally relating to public 16
	41	+	lands. 17
	42	+
	43	+	BY repealing and reenacting, with amendments, 18
	44	+	Article – General Provisions 19
	45	+	Section 5–501, 5–502(a), 5–503(a), 5–504, and 5–608(c) 20
	46	+	Annotated Code of Maryland 21
	47	+	(2019 Replacement Volume and 2024 Supplement) 22
	48	+	2 HOUSE BILL 717
50	49
51	50
52		-	uses; altering and repealing certain provisions of law regarding acreage attainment 1
53		-	under the use of Program Open Space local funding; and generally relating to public 2
54		-	lands. 3
	51	+	BY repealing and reenacting, with amendments, 1
	52	+	Article – Natural Resources 2
	53	+	Section 1–109, 5–212(f), 5–903(e)(3), and 5–905(c)(1) (b)(3), (c)(1) and (3)(i) and (ii), 3
	54	+	(d), and (e) 4
	55	+	Annotated Code of Maryland 5
	56	+	(2023 Replacement Volume and 2024 Supplement) 6
55	57
56		-	BY repealing and reenacting, with amendments, 4
57		-	Article – General Provisions 5
58		-	Section 5–501, 5–502(a), 5–503(a), 5–504, and 5–608(c) 6
59		-	Annotated Code of Maryland 7
60		-	(2019 Replacement Volume and 2024 Supplement) 8
	58	+	BY adding to 7
	59	+	Article – Natural Resources 8
	60	+	Section 1–109.1; 1–1101 to be under the new subtitle “Subtitle 11. Affiliated 9
	61	+	Foundations”; and 5–903(i) 10
	62	+	Annotated Code of Maryland 11
	63	+	(2023 Replacement Volume and 2024 Supplement) 12
61	64
62		-	BY repealing and reenacting, with amendments, 9
63		-	Article – Natural Resources 10
64		-	Section 1–109, 5–212(f), 5–903(e)(3), and 5–905(c)(1) (b)(3), (c)(1) and (3)(i) and (ii), 11
65		-	(d), and (e) 12
66		-	Annotated Code of Maryland 13
67		-	(2023 Replacement Volume and 2024 Supplement) 14
	65	+	BY repealing and reenacting, without amendments, 13
	66	+	Article – Natural Resources 14
	67	+	Section 5–212(a) and (b) 15
	68	+	Annotated Code of Maryland 16
	69	+	(2023 Replacement Volume and 2024 Supplement) 17
68	70
69		-	BY adding to 15
70		-	Article – Natural Resources 16
71		-	Section 1–109.1; 1–1101 to be under the new subtitle “Subtitle 11. Affiliated 17
72		-	Foundations”; and 5–903(i) 18
73		-	Annotated Code of Maryland 19
74		-	(2023 Replacement Volume and 2024 Supplement) 20
	71	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
	72	+	That the Laws of Maryland read as follows: 19
75	73
76		-	BY repealing and reenacting, without amendments, 21
77		-	Article – Natural Resources 22
78		-	Section 5–212(a) and (b) 23
79		-	Annotated Code of Maryland 24
80		-	(2023 Replacement Volume and 2024 Supplement) 25
	74	+	Article – General Provisions 20
81	75
82		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
83		-	That the Laws of Maryland read as follows: 27
	76	+	5–501. 21
84	77
85		-	Article – General Provisions 28
	78	+	(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 22
	79	+	DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 23
	80	+	OFFICIAL OF AN AFFIL IATED FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE 24
	81	+	NATURAL RESOURCES ARTICLE. 25
86	82
87		-	5–501. 29
	83	+	[(a)] (B) Except as otherwise provided in subsection [(c)] (E) of this section, an 26
	84	+	official or employee may not participate in a matter if: 27
88	85
89		-	(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 30
90		-	DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR OR AN 31
91		-	OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED UNDER § 1–1101 OF THE 32
92		-	NATURAL RESOURCES ARTICLE. 33
	86	+	(1) the official or employee or a qualifying relative of the official or 28
	87	+	employee has an interest in the matter and the official or employee knows of the interest; 29
	88	+	or 30
93	89
94		-	[(a)] (B) Except as otherwise provided in subsection [(c)] (E) of this section, an 34
95		-	official or employee may not participate in a matter if: 35
96		-	HOUSE BILL 717 3
	90	+	(2) any of the following is a party to the matter: 31
	91	+
	92	+	(i) a business entity in which the official or employee has a direct 32
	93	+	financial interest of which the official or employee reasonably may be expected to know; 33
	94	+
	95	+	(ii) a business entity, including a limited liability company or a 34
	96	+	limited liability partnership, of which any of the following is an officer, a director, a trustee, 35
	97	+	a partner, or an employee: 36 HOUSE BILL 717 3
97	98
98	99
99		-	(1) the official or employee or a qualifying relative of the official or 1
100		-	employee has an interest in the matter and the official or employee knows of the interest; 2
101		-	or 3
102	100
103		-	~~(2) any of~~ the ~~following is a party to the matter: 4~~
	101	+	1. the official or employee; or 1
104	102
105		-	~~(i) a business entity in which~~ the official or employee ~~has~~ a ~~direct 5~~
106		-	~~financial interest~~ of ~~which~~ the official or employee ~~reasonably may be expected to know~~; 6
	103	+	2. if known to the official or employee, a qualifying relative 2
	104	+	of the official or employee; 3
107	105
108		-	(ii) a business entity, including a limited liability company or a 7
109		-	limited liability partnership, of which any of the following is an officer, a director, a trustee, 8
110		-	a partner, or an employee: 9
	106	+	(iii) a business entity with which any of the following has applied for 4
	107	+	a position, is negotiating employment, or has arranged prospective employment: 5
111	108
112		-	1. the official or employee; or 10
	109	+	1. the official or employee; or 6
113	110
114		-	2. if known to the official or employee, a qualifying relative 11
115		-	of the official or employee; 12
	111	+	2. if known to the official or employee, a qualifying relative 7
	112	+	of the official or employee; 8
116	113
117		-	(iii) a business entity with which any of the following has applied for 13
118		-	a position, is negotiating employment, or has arranged prospective employment: 14
	114	+	(iv) if the contract reasonably could be expected to result in a conflict 9
	115	+	between the private interest and the official State duties of the official or employee, a 10
	116	+	business entity that is a party to a contract with: 11
119	117
120		-	1. the official or employee; or 15
	118	+	1. the official or employee; or 12
121	119
122		-	2. if known to the official or employee, a qualifying relative 16
123		-	of the official or employee; 17
	120	+	2. if known to the official or employee, a qualifying relative 13
	121	+	of the official or employee; 14
124	122
125		-	(iv) ~~if the contract reasonably could be expected to result~~ in a ~~conflict 18~~
126		-	~~between the private interest and~~ the official ~~State duties of the official~~ or employee, a 19
127		-	business entity ~~that is a party to a contract with~~: 20
	123	+	(v) a business entity, either engaged in a transaction with the State 15
	124	+	or subject to regulation by the official’s or employee’s governmental unit, in which a direct 16
	125	+	financial interest is owned by another business entity if the official or employee: 17
128	126
129		-	1. the official or employee; or 21
	127	+	1. has a direct financial interest in the other business entity; 18
	128	+	and 19
130	129
131		-	2. ~~if known~~ to ~~the official or employee,~~ ~~a qualifying relative 22~~
132		-	~~of the official~~ or ~~employee; 23~~
	130	+	2. reasonably may be expected to know of both financial 20
	131	+	interests; or 21
133	132
134		-	(v) a business entity, either engaged in a transaction with the State 24
135		-	or subject to regulation by the official’s or employee’s governmental unit, in which a direct 25
136		-	financial interest is owned by another business entity if the official or employee: 26
	133	+	(vi) a business entity that: 22
137	134
138		-	1. has a direct financial interest in the other business entity; 27
139		-	and 28
	135	+	1. the official or employee knows is a creditor or an obligee of 23
	136	+	the official or employee, or of a qualifying relative of the official or employee, with respect 24
	137	+	to a thing of economic value; and 25
140	138
141		-	2. ~~reasonably may be expected~~ to ~~know of both financial 29~~
142		-	~~interests;~~ or 30
	139	+	2. as a creditor or an obligee, is in a position to affect directly 26
	140	+	and substantially the interest of the official, employee, or qualifying relative. 27
143	141
144		-	(vi) a business entity that: 31
	142	+	[(a–1)] (C) (1) This subsection does not apply to an individual who is a public 28
	143	+	official only as a member of a board and who receives annual compensation that is less than 29
	144	+	25% of the lowest annual compensation at State grade level 16. 30
145	145		4 HOUSE BILL 717
146	146
147	147
148		-	1. the official or employee knows is a creditor or an obligee of 1
149		-	the official or employee, or of a qualifying relative of the official or employee, with respect 2
150		-	to a thing of economic value; and 3
	148	+	(2) A former regulated lobbyist who is or becomes subject to regulation 1
	149	+	under this title as a public official or employee may not participate in a case, contract, or 2
	150	+	other specific matter as a public official or employee for 1 calendar year after the 3
	151	+	termination of the registration of the former regulated lobbyist if the former regulated 4
	152	+	lobbyist previously assisted or represented another party for compensation in the matter. 5
151	153
152		-	~~2. as~~ a ~~creditor or an obligee,~~ ~~is in a position to affect directly 4~~
153		-	~~and substantially the interest of the official, employee, or qualifying relative. 5~~
	154	+	[(b)] (D) (1) The prohibitions of subsection [(a)] (B) of this section do not 6
	155	+	apply if participation is allowed: 7
154	156
155		-	[(a–1)] (C) (1) This subsection does not apply to an individual who is a public 6
156		-	official only as a member of a board and who receives annual compensation that is less than 7
157		-	25% of the lowest annual compensation at State grade level 16. 8
	157	+	(i) as to officials and employees subject to the authority of the Ethics 8
	158	+	Commission, by regulation of the Ethics Commission; 9
158	159
159		-	(2) A former regulated lobbyist who is or becomes subject to regulation 9
160		-	under this title as a public official or employee may not participate in a case, contract, or 10
161		-	other specific matter as a public official or employee for 1 calendar year after the 11
162		-	termination of the registration of the former regulated lobbyist if the former regulated 12
163		-	lobbyist previously assisted or represented another party for compensation in the matter. 13
	160	+	(ii) by the opinion of an advisory body; or 10
164	161
165		-	[(b)] (D) (1) The prohibitions of subsection [(a)] (B) of this section do not 14
166		-	apply if participation is allowed: 15
	162	+	(iii) by another provision of this subtitle. 11
167	163
168		-	(i) as to officials and employees subject to the authority of the Ethics 16
169		-	Commission, by regulation of the Ethics Commission; 17
	164	+	(2) This section does not prohibit participation by an official or employee 12
	165	+	that is limited to the exercise of an administrative or ministerial duty that does not affect 13
	166	+	the decision or disposition with respect to the matter. 14
170	167
171		-	(ii) by the opinion of an advisory body; or 18
	168	+	[(c)] (E) (1) An official or employee who otherwise would be disqualified from 15
	169	+	participation under subsection [(a)] (B) of this section shall disclose the nature and 16
	170	+	circumstances of the conflict, and may participate or act, if: 17
172	171
173		-	(iii) by another provision of this subtitle. 19
	172	+	(i) the disqualification would leave a body with less than a quorum 18
	173	+	capable of acting; 19
174	174
175		-	(2) This section does not prohibit participation by an official or employee 20
176		-	that is limited to the exercise of an administrative or ministerial duty that does not affect 21
177		-	the decision or disposition with respect to the matter. 22
	175	+	(ii) the disqualified official or employee is required by law to act; or 20
178	176
179		-	[(c)] (E) (1) An official or employee who otherwise would be disqualified from 23
180		-	participation under subsection [(a)] (B) of this section shall disclose the nature and 24
181		-	circumstances of the conflict, and may participate or act, if: 25
	177	+	(iii) the disqualified official or employee is the only individual 21
	178	+	authorized to act. 22
182	179
183		-	(i) the disqualification would leave a body with less than a quorum 26
184		-	capable of acting; 27
	180	+	(2) If the Governor, Lieutenant Governor, Attorney General, Treasurer, or 23
	181	+	Comptroller is required to make a disclosure under paragraph (1) of this subsection, the 24
	182	+	Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as 25
	183	+	appropriate, shall send a copy of the disclosure to the presiding officers of the General 26
	184	+	Assembly and to the Ethics Commission. 27
185	185
186		-	(ii) ~~the disqualified official or employee is required by law~~ to ~~act; or~~ 28
	186	+	[(d)] (F) (1) This subsection applies only to: 28
187	187
188		-	(iii) the disqualified official or employee is the only individual 29
189		-	authorized to act. 30
	188	+	(i) the Governor; 29
190	189
191		-	(2) If the Governor, Lieutenant Governor, Attorney General, Treasurer, or 31
192		-	Comptroller is required to make a disclosure under paragraph (1) of this subsection, the 32
193		-	Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as 33 HOUSE BILL 717 5
	190	+	(ii) the Lieutenant Governor; 30
	191	+
	192	+	(iii) the Attorney General; 31
	193	+
	194	+	(iv) the Treasurer; 32 HOUSE BILL 717 5
194	195
195	196
196		-	appropriate, shall send a copy of the disclosure to the presiding officers of the General 1
197		-	Assembly and to the Ethics Commission. 2
198	197
199		-	~~[(d)]~~ (F) (1~~) This subsection applies only to: 3~~
	198	+	(v) the Comptroller; and 1
200	199
201		-	(i) the ~~Governor; 4~~
	200	+	(vi) a secretary of a principal department in the Executive Branch. 2
202	201
203		-	(ii) the Lieutenant Governor; 5
	202	+	(2) (i) An official who takes executive action that the official knows or 3
	203	+	reasonably should know would have a material financial impact on the official or a person 4
	204	+	whose interests are attributable to the official under § 5–608 of this title shall provide the 5
	205	+	Ethics Commission and the Joint Ethics Committee a description of the executive action 6
	206	+	and the circumstances of the potential impact. 7
204	207
205		-	(iii) the Attorney General; 6
	208	+	(ii) An official is not required to make a disclosure under this 8
	209	+	paragraph if the impact is common to all members of: 9
206	210
207		-	~~(iv)~~ the ~~Treasurer~~; 7
	211	+	1. the general public or a large class of the general public; or 10
208	212
209		-	(v) the Comptroller; and 8
	213	+	2. a profession or occupation of which the official is a 11
	214	+	member. 12
210	215
211		-	~~(vi) a secretary of a principal department in the Executive Branch~~. 9
	216	+	5–502. 13
212	217
213		-	(2) (i) An official who takes executive action that the official knows or 10
214		-	reasonably should know would have a material financial impact on the official or a person 11
215		-	whose interests are attributable to the official under § 5–608 of this title shall provide the 12
216		-	Ethics Commission and the Joint Ethics Committee a description of the executive action 13
217		-	and the circumstances of the potential impact. 14
	218	+	(a) This section does not apply to: 14
218	219
219		-	(ii) An official is not required to make a disclosure under this 15
220		-	paragraph if the impact is common to all members of: 16
	220	+	(1) members of the General Assembly; OR 15
221	221
222		-	1. the general public or a large class of the general public; or 17
	222	+	(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 16
	223	+	RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 17
	224	+	FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 18
	225	+	ARTICLE. 19
223	226
224		-	2. a profession or occupation of which the official is a 18
225		-	member. 19
226		-
227		-	5–502. 20
	227	+	5–503. 20
228	228
229	229		(a) This section does not apply to: 21
230	230
231	231		(1) members of the General Assembly; OR 22
232	232
233	233		(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 23
234	234		RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 24
235	235		FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 25
236	236		ARTICLE. 26
237	237
238		-	5–~~503~~. 27
	238	+	5–504. 27
239	239
240		-	(a) This section does not apply to: 28
241		-	6 HOUSE BILL 717
	240	+	(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 28
	241	+	DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 29 6 HOUSE BILL 717
242	242
243	243
244		-	(1) members of the General Assembly; OR 1
	244	+	OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED UNDER § 1–1101 OF THE 1
	245	+	NATURAL RESOURCES ARTICLE. 2
245	246
246		-	(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 2
247		-	RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 3
248		-	FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 4
249		-	ARTICLE. 5
	247	+	[(a)] (B) (1) This subsection does not apply to members of the General 3
	248	+	Assembly. 4
250	249
251		-	5–504. 6
	250	+	(2) Except as provided in paragraph (3) of this subsection, an official or 5
	251	+	employee may not, for contingent compensation, assist or represent a party in any matter 6
	252	+	before or involving any unit of the State or a political subdivision of the State. 7
252	253
253		-	(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 7
254		-	DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 8
255		-	OFFICIAL OF AN AFFIL IATED FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE 9
256		-	NATURAL RESOURCES ARTICLE. 10
	254	+	(3) Paragraph (2) of this subsection does not apply to assistance to or 8
	255	+	representation of a party: 9
257	256
258		-	[(a)] (B) (1) This subsection does not apply to members of the General 11
259		-	Assembly. 12
	257	+	(i) in a judicial or quasi–judicial proceeding, including a proceeding 10
	258	+	before an administrative law judge in the Office of Administrative Hearings, or a matter 11
	259	+	preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or 12
260	260
261		-	(2) ~~Except as provided~~ in ~~paragraph (3) of this subsection, an official~~ or 13
262		-	~~employee may not~~, ~~for contingent compensation~~, ~~assist~~ or ~~represent a party in any matter~~ 14
263		-	~~before or involving any unit of the State or a political subdivision of the State~~. 15
	261	+	(ii) in a matter before or involving the Workers’ Compensation 13
	262	+	Commission, the Maryland Automobile Insurance Fund, or the Crimina l Injuries 14
	263	+	Compensation Board. 15
264	264
265		-	(3) Paragraph (2) of this subsection does not apply to assistance to or 16
266		-	representation of a party: 17
	265	+	[(b)] (C) (1) Except as provided in paragraph (2) of this subsection, a member 16
	266	+	of the General Assembly may not, for compensation, assist or represent a party in any 17
	267	+	matter before or involving any unit of the State or a political subdivision of the State. 18
267	268
268		-	(i) in a judicial or quasi–judicial proceeding, including a proceeding 18
269		-	before an administrative law judge in the Office of Administrative Hearings, or a matter 19
270		-	preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or 20
	269	+	(2) Paragraph (1) of this subsection does not apply to assistance to or 19
	270	+	representation of a party: 20
271	271
272		-	(ii) in a matter before or involving the Workers’ Compensation 21
273		-	Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries 22
274		-	Compensation Board. 23
	272	+	(i) in matters relating to the performance of ministerial acts by a 21
	273	+	governmental unit; 22
275	274
276		-	[(b)] (C) (1) Except as provided in paragraph (2) of this subsection, a member 24
277		-	of the General Assembly may not, for compensation, assist or represent a party in any 25
278		-	matter before or involving any unit of the State or a political subdivision of the State. 26
	275	+	(ii) in matters involving the member’s regular business, 23
	276	+	employment, or profession, in which contact with a governmental unit: 24
279	277
280		-	~~(2) Paragraph (1)~~ of ~~this subsection does not apply to assistance to~~ or 27
281		-	~~representation of a party: 28~~
	278	+	1. is an incidental part of the business, employment, or 25
	279	+	profession; 26
282	280
283		-	~~(i)~~ in ~~matters relating to~~ the ~~performance of ministerial acts by a 29~~
284		-	~~governmental unit~~; 30
	281	+	2. is made in the manner that is customary for persons in 27
	282	+	that business, employment, or profession; and 28
285	283
286		-	(ii) in matters involving the member’s regular business, 31
287		-	employment, or profession, in which contact with a governmental unit: 32
	284	+	3. is not for contingent compensation; 29
	285	+
	286	+	(iii) in a judicial or quasi–judicial proceeding, including a proceeding 30
	287	+	before an administrative law judge in the Office of Administrative Hearings, or a matter 31
	288	+	preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; 32
288	289		HOUSE BILL 717 7
289	290
290	291
291		-	1. is an incidental part of the business, employment, or 1
292		-	profession; 2
	292	+	(iv) in a matter before or involving the Workers’ Compensation 1
	293	+	Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries 2
	294	+	Compensation Board; or 3
293	295
294		-	2. is made in the manner that is customary for persons in 3
295		-	that business, employment, or profession; and 4
	296	+	(v) in a matter in which the assistance or representation, other than 4
	297	+	for contingent compensation, was commenced by the member of the General Assembly 5
	298	+	before: 6
296	299
297		-	3. is not for contingent compensation; 5
	300	+	1. the member filed a certificate of candidacy for election to 7
	301	+	the General Assembly at a time when the member was not an incumbent; or 8
298	302
299		-	(iii) in a judicial or quasi–judicial proceeding, including a proceeding 6
300		-	before an administrative law judge in the Office of Administrative Hearings, or a matter 7
301		-	preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; 8
	303	+	2. if the member was appointed to fill a vacancy, the date of 9
	304	+	appointment. 10
302	305
303		-	(iv) in a ~~matter before~~ or ~~involving the Workers’ Compensation 9~~
304		-	~~Commission~~, ~~the Maryland Automobile Insurance Fund,~~ or ~~the Criminal Injuries 10~~
305		-	~~Compensation Board;~~ ~~or 11~~
	306	+	[(c)] (D) (1) A member of the General Assembly may not assist or represent 11
	307	+	a person, including himself or herself, for compensation before a State or local 12
	308	+	governmental agency in any matter involving: 13
306	309
307		-	(v) in a matter in which the assistance or representation, other than 12
308		-	for contingent compensation, was commenced by the member of the General Assembly 13
309		-	before: 14
	310	+	(i) procurement; or 14
310	311
311		-	1. the member filed a certificate of candidacy for election to 15
312		-	the General Assembly at a time when the member was not an incumbent; or 16
	312	+	(ii) the adoption of regulations. 15
313	313
314		-	2. if the member was appointed to fill a vacancy, the date of 17
315		-	appointment. 18
	314	+	(2) Paragraph (1) of this subsection does not apply to an administrative 16
	315	+	proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government 17
	316	+	Article. 18
316	317
317		-	[(c)] (D) (1) A member of the General Assembly may not assist or represent 19
318		-	a person, including himself or herself, for compensation before a State or local 20
319		-	governmental agency in any matter involving: 21
	318	+	[(d)] (E) (1) Except for a former member of the General Assembly, who shall 19
	319	+	be subject to the restrictions provided under paragraph (2) of this subsection, a former 20
	320	+	official or employee may not assist or represent a party, other than the State, in a case, a 21
	321	+	contract, or any other specific matter for compensation if: 22
320	322
321		-	(i) ~~procurement~~; ~~or 22~~
	323	+	(i) the matter involves State government; and 23
322	324
323		-	(ii) the adoption of regulations. 23
	325	+	(ii) the former official or employee participated significantly in the 24
	326	+	matter as an official or employee. 25
324	327
325		-	(2) ~~Paragraph~~ (1) of this ~~subsection~~ does not ~~apply to an administrative 24~~
326		-	~~proceeding conducted~~ in ~~accordance with Title 10,~~ ~~Subtitle 2~~ of the ~~State Government 25~~
327		-	~~Article~~. 26
	328	+	(2) (i) In this paragraph, “legislative action” does not include testimony 26
	329	+	or other advocacy in an official capacity as a member of the General Assembly before a unit 27
	330	+	of State or local government. 28
328	331
329		-	[(d)] (E) (1) Except for a former member of the General Assembly, who shall 27
330		-	be subject to the restrictions provided under paragraph (2) of this subsection, a former 28
331		-	official or employee may not assist or represent a party, other than the State, in a case, a 29
332		-	contract, or any other specific matter for compensation if: 30
	332	+	(ii) Except as provided in subparagraph (iii) of this paragraph: 29
333	333
334		-	(i) the matter involves State government; and 31
	334	+	1. a former member of the General Assembly may not assist 30
	335	+	or represent another party for compensation in a matter that is the subject of legislative 31
	336	+	action for 1 calendar year from the date the member leaves office; and 32
	337	+	8 HOUSE BILL 717
335	338
336		-	(ii) the former official or employee participated significantly in the 32
337		-	matter as an official or employee. 33 8 HOUSE BILL 717
	339	+
	340	+	2. a former Governor, Lieutenant Governor, Attorney 1
	341	+	General, Comptroller, State Treasurer, or secretary of a principal department of the 2
	342	+	Executive Branch may not assist or represent another party for compensation in a matter 3
	343	+	that is the subject of legislative action for 1 calendar year from the date the official leaves 4
	344	+	State office. 5
	345	+
	346	+	(iii) The limitation under subparagraph (ii) of this paragraph on 6
	347	+	representation by a former member of the General Assembly, Governor, Lieutenant 7
	348	+	Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 8
	349	+	department of the Executive Branch does not apply to representation of a municipal 9
	350	+	corporation, county, or State governmental entity. 10
	351	+
	352	+	[(e)] (F) Notwithstanding subsection [(a)(3)] (B)(3) of this section or § 5–502 of 11
	353	+	this subtitle, a full–time official or employee in the Judicial Branch may not represent a 12
	354	+	party before a court or unit of the Judicial Branch except in the discharge of official duties. 13
	355	+
	356	+	5–608. 14
	357	+
	358	+	(c) For the purposes of § 5–607 of this subtitle, interests held by a blind trust may 15
	359	+	not be considered to be interests of the person making the statement if the blind trust is 16
	360	+	approved by the Ethics Commission in accordance with regulations adopted under 17
	361	+	[§ 5–501(b)] § 5–501(D) or § 5–502(c) of this title and is operated in compliance with those 18
	362	+	regulations. 19
	363	+
	364	+	Article – Natural Resources 20
	365	+
	366	+	1–109. 21
	367	+
	368	+	(a) (1) IN THIS SECTION , “REAL PROPERTY INTERE ST” MEANS A 22
	369	+	NONLEASEHOLD INTERES T IN REAL PROPERTY . 23
	370	+
	371	+	(2) “REAL PROPERTY INTEREST ” INCLUDES A FEE SIMPL E 24
	372	+	ACQUISITION INTEREST , CONSERVATION EASEMEN T INTEREST, OR ANOTHER 25
	373	+	PERPETUAL EASEMENT I NTEREST. 26
	374	+
	375	+	(B) (1) The Department shall negotiate the acquisition of real property 27
	376	+	INTERESTS for open space, recreation, conservation, and other purposes under this article. 28
	377	+
	378	+	(2) [The] UNLESS OTHERWISE APPR OVED BY THE BOARD OF PUBLIC 29
	379	+	WORKS, THE Department shall make each acquisition under this subsection in the name 30
	380	+	of the State to the use of the Department. 31
	381	+
	382	+	(3) (I) AFTER ACQUIR ING A REAL PROPERTY FEE SIMPLE 32
	383	+	INTEREST UNDER THIS SECTION, THE DEPARTMENT SHALL INCL UDE A REQUEST 33
	384	+	FOR FUNDS IN ITS ANN UAL BUDGET REQUEST T O THE DEPARTMENT OF BUDGET 34 HOUSE BILL 717 9
	385	+
	386	+
	387	+	AND MANAGEMENT TO CREATE NEW PERMANENT , CLASSIFIED POSITIONS TO 1
	388	+	MANAGE AND ADMINISTE R THE REAL PROPERTY FEE SIMPLE INTEREST . 2
	389	+
	390	+	(II) THE REQUEST FOR FUNDS SHALL BE: 3
	391	+
	392	+	1. BASED ON THE MOST REC ENT DATA PROVIDED BY 4
	393	+	THE DEPARTMENT IN THE OPE N SPACE REPORT REQUI RED BY CHAPTER 584 OF THE 5
	394	+	ACTS OF THE GENERAL ASSEMBLY OF 1995; AND 6
	395	+
	396	+	2. CALCULATED USING THE RATIO OF AT LEAST ON E 7
	397	+	PERMANENT , CLASSIFIED POSITION PER 400 ACRES OF NEWLY ACQUI RED REAL 8
	398	+	PROPERTY FEE SIMPLE INTERESTS. 9
	399	+
	400	+	[(b)] (C) (1) Except for A real property INTEREST that is acquired by gift AND 10
	401	+	SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , before [any] A real property 11
	402	+	INTEREST is acquired from a private owner, the Department shall obtain two independent 12
	403	+	appraisals of the property. 13
	404	+
	405	+	(2) THE DEPARTMENT , WITH THE APPROVAL OF THE BOARD OF 14
	406	+	PUBLIC WORKS, MAY DEVELOP AND UTIL IZE AN EASEMENT VALUATION S YSTEM TO 15
	407	+	VALUE CONSERVATION E ASEMENT INTERESTS . 16
	408	+
	409	+	[(c)] (D) (1) [A] EXCEPT FOR A REAL PRO PERTY INTEREST THAT IS 17
	410	+	ACQUIRED BY GIFT , A contract for the acquisition of [land] A REAL PROPERTY INTE REST 18
	411	+	under this section shall be approved, and MAY BE executed, by the Board of Public Works. 19
	412	+
	413	+	(2) At least 40 days before the Board of Public Works may act on a [land] 20
	414	+	REAL PROPERTY INTERE ST acquisition under this section, the Department shall give 21
	415	+	written notice of a potential acquisition of [land] A REAL PROPERTY INTE REST: 22
	416	+
	417	+	(i) To the governing body of the county in which the [land] REAL 23
	418	+	PROPERTY INTEREST is located; and 24
	419	+
	420	+	(ii) If the [land] REAL PROPERTY INTERE ST is located within a 25
	421	+	municipal corporation, to the governing body of the municipal corporation. 26
	422	+
	423	+	(3) Within 30 days after receiving notice under this subsection, the 27
	424	+	governing body may submit written comments to the Department. 28
	425	+
	426	+	[(d)] (E) The Board of Public Works shall supervise the expenditure of any 29
	427	+	money that the General Assembly appropriates for the acquisition of [land] A REAL 30
	428	+	PROPERTY INTEREST under this section. 31
	429	+
	430	+	[(e)] (F) (1) Subject to paragraphs (2) and (3), (3), AND (4) of this subsection, 32
	431	+	the Department may dispose of [land] A REAL PROPERTY INTE REST owned and managed 33 10 HOUSE BILL 717
	432	+
	433	+
	434	+	by the Department as consideration for the acquisition of [land] A REAL PROPERTY 1
	435	+	INTEREST not owned by the Department. 2
	436	+
	437	+	(2) Except as provided in paragraph (3) of this subsection, in implementing 3
	438	+	this subsection, the Department shall comply with the procedures established under Title 4
	439	+	5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article. 5
	440	+
	441	+	(3) (i) The Department may dispose of A real property INTEREST 6
	442	+	owned by the State for the use and benefit of the Department in exchange for A privately 7
	443	+	owned real property INTEREST without complying with the procedures established under 8
	444	+	§§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and 9
	445	+	Procurement Article, if: 10
	446	+
	447	+	1. The privately owned real property INTEREST subject to 11
	448	+	the exchange is adjacent to the real property INTEREST owned by the State for the use and 12
	449	+	benefit of the Department; 13
	450	+
	451	+	2. The real property INTEREST owned by the State for the 14
	452	+	use and benefit of the Department AND subject to the exchange is adjacent to the privately 15
	453	+	owned real property INTEREST; 16
	454	+
	455	+	3. The real property INTEREST owned by the State AND 17
	456	+	SUBJECT TO THE EXCHA NGE does not exceed 5 acres in size; and 18
	457	+
	458	+	4. The owner of the privately owned real property INTEREST 19
	459	+	requesting the exchange pays all costs associated with the exchange of the real property 20
	460	+	INTEREST, including legal fees and boundary relocation, surveying, engineering, and 21
	461	+	recordation costs. 22
	462	+
	463	+	(ii) Prior to a REAL property INTEREST exchange under this 23
	464	+	paragraph, the Department shall: 24
	465	+
	466	+	1. Notify in writing by electronic mail or first–class mail: 25
	467	+
	468	+	A. Owners of property adjacent to the privately owned real 26
	469	+	property INTEREST subject to the exchange; 27
	470	+
	471	+	B. The General Assembly members who represent the 28
	472	+	legislative district in which the real property INTEREST exchange is located; and 29
	473	+
	474	+	C. The governing body of the county in which the real 30
	475	+	property INTEREST exchange is located; and 31
	476	+
	477	+	2. Refer the proposed exchange to the Board of Public Works 32
	478	+	for final disposition. 33 HOUSE BILL 717 11
338	479
339	480
340	481
341		-	(2) (i) In this paragraph, “legislative action” does not include testimony 1
342		-	or other advocacy in an official capacity as a member of the General Assembly before a unit 2
343		-	of State or local government. 3
	482	+	(4) THE DEPARTMENT MAY NOT DI SPOSE OF A CONSERVAT ION 1
	483	+	EASEMENT INTEREST UN DER THIS SUBSECTION . 2
344	484
345		-	(ii) Except as provided in subparagraph (iii) of this paragraph: 4
	485	+	[(f)] (G) The Board of Public Works may exempt projects under this section from 3
	486	+	the provisions of this section. 4
346	487
347		-	1. a former member of the General Assembly may not assist 5
348		-	or represent another party for compensation in a matter that is the subject of legislative 6
349		-	action for 1 calendar year from the date the member leaves office; and 7
	488	+	[(g)] (H) (1) The Department shall adopt regulations to implement this 5
	489	+	section. 6
350	490
351		-	2. a former Governor, Lieutenant Governor, Attorney 8
352		-	General, Comptroller, State Treasurer, or secretary of a principal department of the 9
353		-	Executive Branch may not assist or represent another party for compensation in a matter 10
354		-	that is the subject of legislative action for 1 calendar year from the date the official leaves 11
355		-	State office. 12
	491	+	(2) The regulations adopted under paragraph (1) of this subsection shall 7
	492	+	include a system for appraisal review developed by the Department in consultation with 8
	493	+	the Department of General Services. 9
356	494
357		-	(iii) The limitation under subparagraph (ii) of this paragraph on 13
358		-	representation by a former member of the General Assembly, Governor, Lieutenant 14
359		-	Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 15
360		-	department of the Executive Branch does not apply to representation of a municipal 16
361		-	corporation, county, or State governmental entity. 17
	495	+	1–109.1. 10
362	496
363		-	[(e)] (F) Notwithstanding subsection [(a)(3)] (B)(3) of this section or § 5–502 of 18
364		-	this subtitle, a full–time official or employee in the Judicial Branch may not represent a 19
365		-	party before a court or unit of the Judicial Branch except in the discharge of official duties. 20
	497	+	(A) IN THIS SECTION , “PROGRAM” MEANS THE LAND AND PROPERTY 11
	498	+	MANAGEMENT PROGRAM. 12
366	499
367		-	5–608. 21
	500	+	(B) THERE IS A LAND AND PROPERTY MANAGEMENT PROGRAM IN THE 13
	501	+	DEPARTMENT . 14
368	502
369		-	(c) For the purposes of § 5–607 of this subtitle, interests held by a blind trust may 22
370		-	not be considered to be interests of the person making the statement if the blind trust is 23
371		-	approved by the Ethics Commission in accordance with regulations adopted under 24
372		-	[§ 5–501(b)] § 5–501(D) or § 5–502(c) of this title and is operated in compliance with those 25
373		-	regulations. 26
	503	+	(C) THE PURPOSE OF THE PROGRAM IS TO PROCESS REAL PROPERTY 15
	504	+	TRANSACTIONS THAT IN VOLVE PROPERTY OWNED BY THE DEPARTMENT . 16
374	505
375		-	~~Article – Natural Resources 27~~
	506	+	(D) THE PROGRAM IS RESPONSIBL E FOR: 17
376	507
377		-	1–109. 28
	508	+	(1) PROCESSING LEASE AGRE EMENTS, EASEMENTS, AND OTHER 18
	509	+	PROPERTY–RELATED DOCUMENTS ; AND 19
378	510
379		-	(a) (1) IN THIS SECTION , “REAL PROPERTY INTERE ST” MEANS A 29
380		-	NONLEASEHOLD INTERES T IN REAL PROPERTY . 30
	511	+	(2) FACILITATING ISSUING LEASES FOR DEPARTMENT HOUSING TO 20
	512	+	DEPARTME NT EMPLOYEES IN ACCO RDANCE WITH THE DEPARTMENT ’S 21
	513	+	RESIDENTIAL HOUSING POLICY. 22
381	514
382		-	(2) “REAL PROPERTY INTEREST ” INCLUDES A FEE SIMPL E 31
383		-	ACQUISITION INTEREST , CONSERVATION EASEMEN T INTEREST, OR ANOTHER 32
384		-	PERPETUAL EASEMENT I NTEREST. 33
385		-	HOUSE BILL 717 9
	515	+	SUBTITLE 11. AFFILIATED FOUNDATIONS . 23
	516	+
	517	+	1–1101. 24
	518	+
	519	+	(A) THE DEPARTMENT MAY ESTABL ISH ONE OR MORE AFFI LIATED 25
	520	+	FOUNDATIONS TO WORK WITH THE MARYLAND PARK SERVICE, THE MARYLAND 26
	521	+	FOREST SERVICE, THE WILDLIFE AND HERITAGE SERVICE, AND THE OFFICE OF 27
	522	+	OUTDOOR RECREATION, AND THE NATURAL RESOURCES POLICE. 28
	523	+
	524	+	(B) THE PURPOSES OF AN AF FILIATED FOUNDATION ARE TO: 29
	525	+	12 HOUSE BILL 717
386	526
387	527
388		-	(B) (1) The Department shall negotiate the acquisition of real property 1
389		-	INTERESTS for open space, recreation, conservation, and other purposes under this article. 2
	528	+	(1) SOLICIT AND ACCEPT FU NDS FOR IMPROVEMENTS DESIGNED TO 1
	529	+	EXPAND AND ENHANCE T HE EQUITABLE USE OF AND AC CESS TO LANDS MANAGE D 2
	530	+	BY THE DEPARTMENT FOR RECREA TION AND CONSERVATIO N PURPOSES; 3
390	531
391		-	(2) [The] UNLESS OTHERWISE APPR OVED BY THE BOARD OF PUBLIC 3
392		-	WORKS, THE Department shall make each acquisition under this subsection in the name 4
393		-	of the State to the use of the Department. 5
	532	+	(2) PROMOTE ACTIVITIES TH AT: 4
394	533
395		-	(3) (I) AFTER ACQUIR ING A REAL PROPERTY FEE SIMPLE 6
396		-	INTEREST UNDER THIS SECTION, THE DEPARTMENT SHALL INCL UDE A REQUEST 7
397		-	FOR FUNDS IN ITS ANN UAL BUDGET REQUEST T O THE DEPARTMENT OF BUDGET 8
398		-	AND MANAGEMENT TO CREATE NEW PERMANENT , CLASSIFIED POSITIONS TO 9
399		-	MANAGE AND ADMINISTE R THE REAL PROPERTY FEE SIMPLE INTEREST . 10
	534	+	(I) ENHANCE PUBLIC PROGRA MMING AND RECREATION AL AND 5
	535	+	EDUCATIONAL OFFERING S; 6
400	536
401		-	(II) THE REQUEST FOR FUNDS SHALL BE: 11
	537	+	(II) RESTORE OR MAINTAIN P UBLIC ACCESS TO THE NATURAL 7
	538	+	RESOURCES OF THE STATE; OR 8
402	539
403		-	~~1. BASED ON THE MOST REC ENT DATA PROVIDED BY 12~~
404		-	~~THE DEPARTMENT IN~~ THE ~~OPE N SPACE REPORT REQUI RED BY CHAPTER 584 OF THE 13~~
405		-	~~ACTS OF THE GENERAL ASSEMBLY OF 1995~~; AND 14
	540	+	(III) SUPPORT OPERATION AND MAINTENANCE , MAINTENANCE , 9
	541	+	AND LAW ENFORCEMENT ACTIVITIES WITHIN LA NDS MANAGED BY THE 10
	542	+	DEPARTMENT ; AND 11
406	543
407		-	2. CALCULATED USING THE RATIO OF AT LEAST ON E 15
408		-	PERMANENT , CLASSIFIED POSITION PER 400 ACRES OF NEWLY ACQUI RED REAL 16
409		-	PROPERTY FEE SIMPLE INTERESTS. 17
	544	+	(3) PARTNER WITH INDIVIDU ALS, CORPORATIONS , AND OTHER 12
	545	+	ENTITIES TO SUPPORT INNOVATIVE PROJECTS THAT ENHANCE VISITOR S’ 13
	546	+	EXPERIENCES AT LANDS MANAGED BY THE DEPARTMENT , INCLUDING EDUCATING 14
	547	+	VISITORS, INCREASING INCLUSIVI TY, SUPPORTING SUSTAINAB ILITY, AND 15
	548	+	PROMOTING HEALTH AND WELLNESS. 16
410	549
411		-	[(b)] (C) (1) Except for A real property INTEREST that is acquired by gift AND 18
412		-	SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , before [any] A real property 19
413		-	INTEREST is acquired from a private owner, the Department shall obtain two independent 20
414		-	appraisals of the property. 21
	550	+	(C) (1) THE DEPARTMENT SHALL : 17
415	551
416		-	(2) THE DEPARTMENT , WITH THE APPROVAL OF THE BOARD OF 22
417		-	PUBLIC WORKS, MAY DEVELOP AND UTIL IZE AN EASEMENT VALUATION S YSTEM TO 23
418		-	VALUE CONSERVATION E ASEMENT INTERESTS . 24
	552	+	(I) DEVELOP POLICIES FOR OPERATING EACH AFFIL IATED 18
	553	+	FOUNDATION THAT THE DEPARTMENT ESTABLISHE S; AND 19
419	554
420		-	[(c)] (D) (1) [A] EXCEPT FOR A REAL PRO PERTY INTEREST THAT IS 25
421		-	ACQUIRED BY GIFT , A contract for the acquisition of [land] A REAL PROPERTY INTE REST 26
422		-	under this section shall be approved, and MAY BE executed, by the Board of Public Works. 27
	555	+	(II) SUBMIT EACH POLICY DE VELOPED TO THE ATTORNEY 20
	556	+	GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND, IF 21
	557	+	APPROPRIATE , APPROVAL IN ACCORDANCE WITH PARA GRAPHS (2) AND (3) OF THIS 22
	558	+	SUBSECTION. 23
423	559
424		-	(2) At least 40 days before the Board of Public Works may act on a [land] 28
425		-	REAL PROPERTY INTERE ST acquisition under this section, the Department shall give 29
426		-	written notice of a potential acquisition of [land] A REAL PROPERTY INTE REST: 30
	560	+	(2) THE ATTORNEY GENERAL SHALL : 24
427	561
428		-	(i) To the governing body of the county in which the [land] REAL 31
429		-	PROPERTY INTEREST is located; and 32
430		-	10 HOUSE BILL 717
	562	+	(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 25
	563	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM AND LEGAL SU FFICIENCY; 26
	564	+	AND 27
	565	+
	566	+	(II) IF APPROPRIATE , APPROVE T HE POLICIES FOR USE IN 28
	567	+	GOVERNING THE AFFILI ATED FOUNDATION . 29
	568	+
	569	+	(3) THE STATE ETHICS COMMISSION SHALL : 30
	570	+	HOUSE BILL 717 13
431	571
432	572
433		-	(ii) If the [land] REAL PROPERTY INTERE ST is located within a 1
434		-	municipal corporation, to the governing body of the municipal corporation. 2
	573	+	(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 1
	574	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFL ICTS OF 2
	575	+	INTEREST; AND 3
435	576
436		-	(3) Within 30 days after receiving notice under this subsection, the 3
437		-	governing body may submit written comments to the Department. 4
	577	+	(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 4
	578	+	GOVERNING AN OFFICIA L OR EMPLOYEE OF THE DEPARTMENT WHO ALSO S ERVES 5
	579	+	AS A DIRECTOR OR AN OFFICIAL OF THE AFFI LIATED FOUNDATION . 6
438	580
439		-	[(d)] (E) The Board of Public Works shall supervise the expenditure of any 5
440		-	money that the General Assembly appropriates for the acquisition of [land] A REAL 6
441		-	PROPERTY INTEREST under this section. 7
	581	+	(D) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECEIVE 7
	582	+	CONTRIBUTIONS FROM B USINESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 8
	583	+	ORGANIZATIONS , AND INDIVIDUALS INTE RESTED IN THE PROMOT ION OF LANDS 9
	584	+	MANAGED BY THE DEPARTMENT . 10
442	585
443		-	[(e)] (F) (1) Subject to paragraphs (2) and (3), (3), AND (4) of this subsection, 8
444		-	the Department may dispose of [land] A REAL PROPERTY INTE REST owned and managed 9
445		-	by the Department as consideration for the acquisition of [land] A REAL PROPERTY 10
446		-	INTEREST not owned by the Department. 11
	586	+	(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 11
	587	+	SECTION MAY NOT BE C ONSIDERED AN AGENCY OR INSTRUMENTALITY O F THE 12
	588	+	STATE OR A UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOS E. 13
447	589
448		-	(2) ~~Except as provided in paragraph (3)~~ of ~~this subsection,~~ ~~in implementing 12~~
449		-	~~this subsection,~~ ~~the Department shall comply with the procedures established~~ under ~~Title 13~~
450		-	~~5, Subtitle 3 and Title 10, Subtitle 3~~ of the State ~~Finance and Procurement Article~~. 14
	590	+	(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 14
	591	+	FOUNDATION ESTABLISH ED UNDER THIS SECTIO N MAY NOT BE CONSIDE RED A DEBT 15
	592	+	OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT . 16
451	593
452		-	(3) (i) The Department may dispose of A real property INTEREST 15
453		-	owned by the State for the use and benefit of the Department in exchange for A privately 16
454		-	owned real property INTEREST without complying with the procedures established under 17
455		-	§§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and 18
456		-	Procurement Article, if: 19
	594	+	(F) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 17
	595	+	ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE DEPARTMENT FROM 18
	596	+	ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF AN AFFILIATED FOU NDATION 19
	597	+	ESTABLISHED UNDER TH IS SECTION. 20
457	598
458		-	1. The ~~privately owned real property INTEREST subject to 20~~
459		-	~~the exchange is adjacent to the real property INTEREST owned by the State for the use and 21~~
460		-	~~benefit of the Department;~~ 22
	599	+	(2) AN OFFICIAL OR EMPLOY EE OF THE DEPARTMENT WHO SERVES 21
	600	+	AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED 22
	601	+	UNDER THIS SECTION : 23
461	602
462		-	2. The real property INTEREST owned by the State for the 23
463		-	use and benefit of the Department AND subject to the exchange is adjacent to the privately 24
464		-	owned real property INTEREST; 25
	603	+	(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 24
	604	+	THE AFFILIATED FOUND ATION; AND 25
465	605
466		-	3. The real property INTEREST owned by the State AND 26
467		-	SUBJECT TO THE EXCHA NGE does not exceed 5 acres in size; and 27
	606	+	(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 26
	607	+	IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 27
	608	+	AFFILIATED FOUNDATIO N AS AUTHORIZED BY T HE DEPARTMENT AND THE BO ARD 28
	609	+	OF DIRECTORS OF THAT AFFILIATED FOUNDATIO N. 29
468	610
469		-	4. The owner of the privately owned real property INTEREST 28
470		-	requesting the exchange pays all costs associated with the exchange of the real property 29
471		-	INTEREST, including legal fees and boundary relocation, surveying, engineering, and 30
472		-	recordation costs. 31
473		-
474		-	(ii) Prior to a REAL property INTEREST exchange under this 32
475		-	paragraph, the Department shall: 33
476		-
477		-	1. Notify in writing by electronic mail or first–class mail: 34 HOUSE BILL 717 11
	611	+	(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 30
	612	+	COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 31
	613	+	EMPLOYEE OF THE DEPARTMENT TO SERVE A S A DIRECTOR OR AN O FFICIAL OF AN 32
	614	+	AFFILIATED FOUNDATIO N. 33
	615	+	14 HOUSE BILL 717
478	616
479	617
	618	+	(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 1
	619	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 2
	620	+	NOTIFY THE DEPARTMENT OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 3
	621	+	JOINT SERVICE IDENTI FIED IN THE NOTICE . 4
480	622
481		-	A. Owners of property adjacent to the privately owned real 1
482		-	property INTEREST subject to the exchange; 2
	623	+	(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 5
	624	+	COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE DEPARTMENT 6
	625	+	SHALL REEXA MINE THE JOINT SERVI CE IDENTIFIED IN THE NOTICE. 7
483	626
484		-	B. The General Assembly members who represent the 3
485		-	legislative district in which the real property INTEREST exchange is located; and 4
	627	+	(4) THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE 8
	628	+	GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY 9
	629	+	IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND THE 10
	630	+	STATE ETHICS COMMISSION ON: 11
486	631
487		-	C. The ~~governing body~~ of the ~~county in which the real 5~~
488		-	~~property INTEREST exchange is located~~; and 6
	632	+	(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 12
	633	+	AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION ; AND 13
489	634
490		-	~~2. Refer~~ the ~~proposed exchange to the Board~~ of ~~Public Works 7~~
491		-	~~for final disposition~~. 8
	635	+	(II) HOW THE POLICIES ADOP TED UNDER SUBSECTION (C) OF 14
	636	+	THIS SECTION HAVE BE EN IMPLEMENTED IN TH E PRECEDING YEAR . 15
492	637
493		-	(4) ~~THE DEPARTMENT MAY NOT DI SPOSE OF A CONSERVAT ION 9~~
494		-	~~EASEMENT INTEREST UN DER~~ THIS ~~SUBSECTION~~ . 10
	638	+	(G) EACH YEAR AN INDEPENDENT CE RTIFIED PUBLIC ACCOU NTANT SHALL 16
	639	+	AUDIT AN AFFILIATED FOUNDATION ESTABLISH ED UNDER THIS SECTIO N. 17
495	640
496		-	[(f)] (G) The Board of Public Works may exempt projects under this section from 11
497		-	the provisions of this section. 12
	641	+	5–212. 18
498	642
499		-	[(g)] (H) (1) The Department shall adopt regulations to implement this 13
500		-	section. 14
	643	+	(a) In this section, “Fund” means the Forest or Park Reserve Fund. 19
501	644
502		-	(2) The regulations adopted under paragraph (1) of this subsection shall 15
503		-	include a system for appraisal review developed by the Department in consultation with 16
504		-	the Department of General Services. 17
	645	+	(b) There is a Forest or Park Reserve Fund in the Department. 20
505	646
506		-	~~1–109.1. 18~~
	647	+	(f) The Fund consists of: 21
507	648
508		-	(A) IN THIS SECTION , “PROGRAM” MEANS THE LAND AND PROPERTY 19
509		-	MANAGEMENT PROGRAM. 20
	649	+	(1) Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained 22
	650	+	from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, 23
	651	+	and recreation areas; 24
510	652
511		-	(B) ~~THERE IS A LAND AND PROPERTY MANAGEMENT PROGRAM IN~~ THE 21
512		-	~~DEPARTMENT . 22~~
	653	+	(2) Revenue distributed to the Fund from fines collected under § 5–1302 of 25
	654	+	this title; [and] 26
513	655
514		-	(C) THE PURPOSE OF THE PROGRAM IS TO PROCESS REAL PROPERT Y 23
515		-	TRANSACTIONS THAT IN VOLVE PROPERTY OWNED BY THE DEPARTMENT . 24
	656	+	(3) Revenue received by the Fund under § 5–207(b) of this subtitle; AND 27
516	657
517		-	(D) THE PROGRAM IS RESPONSIBL E FOR: 25
	658	+	(4) ANY MONEY TRANSFERRED TO THE FUND UNDER § 5–903(I)(3)(II) 28
	659	+	OF THIS TITLE. 29
518	660
519		-	(1) PROCESSING LEASE AGRE EMENTS, EASEMENTS, AND OTHER 26
520		-	PROPERTY–RELATED DOCUMENTS ; AND 27
521		-
522		-	(2) FACILITATING ISSUING LEASES FOR DEPARTMENT HOUSING TO 28
523		-	DEPARTMENT EMPLOYEES IN ACCORDANCE WITH T HE DEPARTMENT ’S 29
524		-	RESIDENTIAL HOUSING POLICY. 30 12 HOUSE BILL 717
525		-
526		-
527		-
528		-	SUBTITLE 11. AFFILIATED FOUNDATIONS . 1
529		-
530		-	1–1101. 2
531		-
532		-	(A) THE DEPARTMENT MAY ESTABL ISH ONE OR MORE AFFI LIATED 3
533		-	FOUNDATIONS TO WORK WITH THE MARYLAND PARK SERVICE, THE MARYLAND 4
534		-	FOREST SERVICE, THE WILDLIFE AND HERITAGE SERVICE, AND THE OFFICE OF 5
535		-	OUTDOOR RECREATION, AND THE NATURAL RESOURCES POLICE. 6
536		-
537		-	(B) THE PURPOSES OF AN AF FILIATED FOUNDATION ARE TO: 7
538		-
539		-	(1) SOLICIT AND ACCEPT FU NDS FOR IMPROVEMENTS DESIGNED TO 8
540		-	EXPAND AND ENHANCE T HE EQUITABLE USE OF AND ACCESS TO LANDS MANAGED 9
541		-	BY THE DEPARTMENT FOR RECREA TION AND CONSERVATIO N PURPOSES; 10
542		-
543		-	(2) PROMOTE ACTIVITIES TH AT: 11
544		-
545		-	(I) ENHANCE PUBLIC PROGRA MMING AND RECREATION AL AND 12
546		-	EDUCATIONAL OFFERING S; 13
547		-
548		-	(II) RESTORE OR MAINTAIN PU BLIC ACCESS TO THE N ATURAL 14
549		-	RESOURCES OF THE STATE; OR 15
550		-
551		-	(III) SUPPORT OPERATION AND MAINTENANCE , MAINTENANCE , 16
552		-	AND LAW ENFORCEMENT ACTIVITIES WITHIN LA NDS MANAGED BY THE 17
553		-	DEPARTMENT ; AND 18
554		-
555		-	(3) PARTNER WITH INDIVIDU ALS, CORPORATIONS , AND OTHER 19
556		-	ENTITIES TO SUPPORT INNOVATIVE PROJECTS THAT ENHANCE VISITOR S’ 20
557		-	EXPERIENCES AT LANDS MANAGED BY THE DEPARTMENT , INCLUDING EDUCATING 21
558		-	VISITORS, INCREASING INCLUSIVI TY, SUPPORTING SUSTAINAB ILITY, AND 22
559		-	PROMOTING HEALTH AND WELLNESS. 23
560		-
561		-	(C) (1) THE DEPARTMENT SHALL : 24
562		-
563		-	(I) DEVELOP POLICIES FOR OPERATING EACH AFFIL IATED 25
564		-	FOUNDATION THAT THE DEPARTMENT ESTABLISHE S, INCLUDING NAMING RIG HTS; 26
565		-	AND 27
566		-
567		-	(II) SUBMIT EACH POLICY DE VELOPED TO THE ATTORNEY 28
568		-	GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND, IF 29
569		-	APPROPRIATE , APPROVAL IN ACCORDAN CE WITH PARAGRAPHS (2) AND (3) OF THIS 30
570		-	SUBSECTION. 31 HOUSE BILL 717 13
571		-
572		-
573		-
574		-	(2) THE ATTORNEY GENERAL SHALL : 1
575		-
576		-	(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 2
577		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM AND LEGAL SU FFICIENCY; 3
578		-	AND 4
579		-
580		-	(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 5
581		-	GOVERNING THE AFFILI ATED FOUNDATION . 6
582		-
583		-	(3) THE STATE ETHICS COMMISSION SHALL : 7
584		-
585		-	(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 8
586		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFL ICTS OF 9
587		-	INTEREST; AND 10
588		-
589		-	(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 11
590		-	GOVERNING AN OFFICIA L OR EMPLOYEE OF THE DEPARTMENT WHO ALSO S ERVES 12
591		-	AS A DIRECTOR OR AN OFFICIAL OF THE AFFI LIATED FOUNDATION . 13
592		-
593		-	(D) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECEIVE 14
594		-	CONTRIBUTIONS FROM BUS INESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 15
595		-	ORGANIZATIONS , AND INDIVIDUALS INTE RESTED IN THE PROMOT ION OF LANDS 16
596		-	MANAGED BY THE DEPARTMENT . 17
597		-
598		-	(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 18
599		-	SECTION MAY NOT BE C ONSIDERED AN AGENCY OR INSTRUMENTALITY OF THE 19
600		-	STATE OR A UNIT OF TH E EXECUTIVE BRANCH FOR ANY PURPOS E. 20
601		-
602		-	(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 21
603		-	FOUNDATION ESTABLISH ED UNDER THIS SECTIO N MAY NOT BE CONSIDE RED A DEBT 22
604		-	OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT. 23
605		-
606		-	(F) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 24
607		-	ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE DEPARTMENT FROM 25
608		-	ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF AN AFFILIATED FOU NDATION 26
609		-	ESTABLISHED UNDER TH IS SECTION. 27
610		-
611		-	(2) AN OFFICIAL OR EMPLOYEE OF THE DEPARTMENT WHO SERVES 28
612		-	AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED 29
613		-	UNDER THIS SECTION : 30
614		-
615		-	(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 31
616		-	THE AFFILIATED FOUND ATION; AND 32 14 HOUSE BILL 717
617		-
618		-
619		-
620		-	(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 1
621		-	IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 2
622		-	AFFILIATED FOUNDATIO N AS AUTHORIZED BY T HE DEPARTMENT AND THE BO ARD 3
623		-	OF DIRECTORS OF THAT AFFILIATED FOUNDATIO N. 4
624		-
625		-	(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 5
626		-	COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 6
627		-	EMPLOYEE OF THE DEPARTMENT TO SERVE A S A DIRECTOR OR AN O FFICIAL OF AN 7
628		-	AFFILIATED FOUNDATIO N. 8
629		-
630		-	(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 9
631		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 10
632		-	NOTIFY THE DEPARTMENT OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 11
633		-	JOINT SERVICE IDENTI FIED IN THE NOTICE . 12
634		-
635		-	(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 13
636		-	COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE DEPARTMENT 14
637		-	SHALL REEXAMINE THE JOINT SERVICE IDENTI FIED IN THE NOTICE . 15
638		-
639		-	(4) THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE 16
640		-	GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY 17
641		-	IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND THE 18
642		-	STATE ETHICS COMMISSION ON : 19
643		-
644		-	(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 20
645		-	AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION ; AND 21
646		-
647		-	(II) HOW THE POLICIES ADOP TED UNDER SUBSECTION (C) OF 22
648		-	THIS SECTION HAVE BE EN IMPLEMENTED IN TH E PRECEDING YEAR. 23
649		-
650		-	(G) EACH YEAR AN INDEPEND ENT CERTIFIED PUBLIC ACCOUNTANT SHALL 24
651		-	AUDIT AN AFFILIATED FOUNDATION ESTABLISH ED UNDER THIS SECTIO N. 25
652		-
653		-	(H) FUNDS ACCEPTED BY AN AFFILIATED FOUNDATIO N UNDER THIS 26
654		-	SECTION ARE SUPPLEME NTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF 27
655		-	FUNDING THAT OTHERWI SE WOULD BE PROVIDED IN THE ANNUAL STATE 28
656		-	OPERATING OR CAPITAL BUDGET BILL FOR PROJ ECTS OR ACTIVITIES O F THE 29
657		-	DEPARTMENT . 30
658		-
659		-	5–212. 31
660		-
661		-	(a) In this section, “Fund” means the Forest or Park Reserve Fund. 32
	661	+	5–903. 30
662	662		HOUSE BILL 717 15
663	663
664	664
665		-	(b) There is a Forest or Park Reserve Fund in the Department. 1
	665	+	(e) (3) An agreement under this subsection shall be subject to approval by the 1
	666	+	Board of Public Works under [§ 1–109(c)] § 1–109(D) of this article. 2
666	667
667		-	(f) The Fund consists of: 2
	668	+	(I) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION OR 3
	669	+	THE ALLOCATION FORMU LAS IN § 13–209 OF THE TAX – PROPERTY ARTICLE AND 4
	670	+	SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE GOVERNOR MAY TRANSFER 5
	671	+	TO THE DEPARTMENT FUNDS FROM THE PROGRAM OPEN SPACE STATE LAND 6
	672	+	ACQUISITION BALANCE IF: 7
668	673
669		-	(1) Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained 3
670		-	from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, 4
671		-	and recreation areas; 5
	674	+	(I) THE BALANCE IS MORE T HAN $80,000,000 AT THE END OF A 8
	675	+	GIVEN FISCAL YEAR; AND 9
672	676
673		-	(2) Revenue distributed to the Fund from fines collected under § 5–1302 of 6
674		-	this title; [and] 7
	677	+	(II) THE DEPARTMENT ’S EXISTING SPECIAL F UND SOURCES 10
	678	+	ARE INSUFFICIENT TO COVER EXISTING SALAR IES FOR PERMANENT , CLASSIFIED 11
	679	+	POSITIONS RESPONSIBL E FOR OPERATING AND MAINTAINING LANDS 12
	680	+	ADMINISTERED AND MAN AGED BY THE DEPARTMENT . 13
675	681
676		-	(3) Revenue received by the Fund under § 5–207(b) of this subtitle; AND 8
	682	+	(2) AFTER A FUND TRANSFER UNDER PARAGRAPH (1) OF THIS 14
	683	+	SUBSECTION, THE REMAINING BALANC E MUST BE AT LEAST $80,000,000. 15
677	684
678		-	(4) ~~ANY MONEY TRANSFERRED TO~~ THE ~~FUND UNDER § 5–903(I)(3)(II) 9~~
679		-	~~OF THIS TITLE.~~ 10
	685	+	(3) (I) THE DEPARTMENT MAY USE AN Y AMOUNT OF THE 16
	686	+	TRANSFERRED FUNDS AS A ONE–TIME FISCAL YEAR EXP ENDITURE FOR : 17
680	687
681		-	5–903. 11
	688	+	1. OPERATION AND MAINTEN ANCE OF LANDS 18
	689	+	ADMINISTERED AND MAN AGED BY THE DEPARTMENT ; 19
682	690
683		-	~~(e) (3) An agreement under this subsection shall be subject~~ to ~~approval by the 12~~
684		-	~~Board of Public Works~~ under ~~[§ 1–109(c)] § 1–109(D) of this article. 13~~
	691	+	2. ADMINISTRATIVE EXPENS ES RELATED TO LAND 20
	692	+	ACQUIRED BY THE DEPARTMENT UNDER PROGRAM OPEN SPACE; OR 21
685	693
686		-	(I) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION OR 14
687		-	THE ALLOCATION FORMU LAS IN § 13–209 OF THE TAX – PROPERTY ARTICLE AND 15
688		-	SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE GOVERNOR MAY TRANSFER 16
689		-	TO THE DEPARTMENT FUNDS FROM THE PROGRAM OPEN SPACE STATE LAND 17
690		-	ACQUISITION BALANCE IF: 18
	694	+	3. LAW ENFORCEMENT ACTIV ITIES, SERVICES, 22
	695	+	SALARIES, AND RELATED EXPENSES OF THE NATURAL RESOURCES POLICE. 23
691	696
692		-	(I) THE BALANCE IS MORE T HAN $80,000,000 AT THE END OF A 19
693		-	GIVEN FISCAL YEAR ; AND 20
	697	+	(II) THE DEPARTMENT MAY TRANSF ER ANY AMOUNT OF THE 24
	698	+	TRANSFERRED FUNDS TO THE FOREST OR PARK RESERVE FUND ESTABLISHED 25
	699	+	UNDER § 5–212 OF THIS TITLE. 26
694	700
695		-	(II) ~~THE DEPARTMENT ’S~~ ~~EXISTING SPECIAL F UND SOURCES 21~~
696		-	~~ARE INSUFFICIENT TO COVER EXISTING SALAR IES~~ FOR ~~PERMANENT~~ , ~~CLASSIFIED 22~~
697		-	~~POSITIONS RESPONSIBL E FOR OPERATING~~ AND ~~MAINTAINING~~ LANDS 23
698		-	~~ADMINISTERED AND MAN AGED BY~~ THE DEPARTMENT . 24
	701	+	(4) ANY FUND TRANSFER MAD E UNDER THIS SUBSECT ION 27
	702	+	SUPPLEMENTS RATHER T HAN SUPPLANTS ANY OT HER FUNDING FOR OPERATION , 28
	703	+	MAINTENANCE , AND ADMINISTRATION O F LANDS ADMINISTERED AND MANAGED BY 29
	704	+	THE DEPARTMENT REGARDLESS OF THE SOURCE OF THE OTHER FUNDING . 30
699	705
700		-	(2) AFTER A FUND TRANSFER UNDER PARAGRAPH (1) OF THIS 25
701		-	SUBSECTION, THE REMAINING BALANC E MUST BE AT LEAST $80,000,000. 26
702		-
703		-	(3) (I) THE DEPARTMENT MAY USE AN Y AMOUNT OF THE 27
704		-	TRANSFERRED FUNDS AS A ONE–TIME FISCAL YEAR EXP ENDITURE FOR : 28
705		-
706		-	1. OPERATION AND MAI NTENANCE OF LANDS 29
707		-	ADMINISTERED AND MAN AGED BY THE DEPARTMENT ; 30
	706	+	5–905. 31
708	707		16 HOUSE BILL 717
709	708
710	709
711		-	2. ADMINISTRATIVE EXPENS ES RELATED TO LAND 1
712		-	ACQUIRED BY THE DEPARTMENT UNDER PROGRAM OPEN SPACE; OR 2
	710	+	(b) (3) Subject to the approval of the Department, a local governing body may 1
	711	+	use part of its acquisition funds for initial or periodic updating of local land preservation 2
	712	+	and recreation plans. The amount that may be used by a subdivision for planning purposes 3
	713	+	in the local land preservation and recreation plan shall not exceed [$25,000 for any one 4
	714	+	fiscal year] $125,000 FOR ANY INDIVIDUAL P LAN UPDATE WITHIN TH E 5–YEAR 5
	715	+	UPDATE CYCLE . Local matching funds are not required for planning or updating the local 6
	716	+	land preservation and recreation plan. 7
713	717
714		-	3. LAW ENFORCEMENT ACTIV ITIES, SERVICES, 3
715		-	SALARIES, AND RELATED EXPENSES OF THE NATURAL RESOURCES POLICE. 4
	718	+	(c) (1) (i) One half of any local governing body’s annual apportionment 8
	719	+	shall be used for acquisition or development projects provided that up to [20 percent] 20% 9
	720	+	of the funds authorized for acquisition or development projects under this subparagraph 10
	721	+	may be used for capital renewal as defined in § 5–901 of this subtitle. 11
716	722
717		-	(II) THE DEPARTMENT MAY TRANSF ER ANY AMOUNT OF THE 5
718		-	TRANSFERRED FUNDS TO THE FOREST OR PARK RESERVE FUND ESTABLISHED 6
719		-	UNDER § 5–212 OF THIS TITLE. 7
	723	+	(ii) 1. THIS SUBPARAGRAPH APP LIES TO A LOCAL 12
	724	+	GOVERNING BODY ’S: 13
720	725
721		-	(4) ANY FUND TRANSFER MAD E UNDER THIS SUBSECT ION 8
722		-	SUPPLEMENTS RATHER T HAN SUPPL ANTS ANY OTHER FUNDI NG FOR OPERATION , 9
723		-	MAINTENANCE , AND ADMINISTRATION O F LANDS ADMINISTERED AND MANAGED BY 10
724		-	THE DEPARTMENT REGARDLESS OF THE SOURCE OF THE OTHER FUNDING . 11
	726	+	A. APPORTIONMENT NOT YET ENCUMBERED AS OF JULY 14
	727	+	1, 2025; 15
725	728
726		-	~~5–905~~. 12
	729	+	B. FISCAL YEAR 2026 APPORTIONMENT ; AND 16
727	730
728		-	(b) (3) Subject to the approval of the Department, a local governing body may 13
729		-	use part of its acquisition funds for initial or periodic updating of local land preservation 14
730		-	and recreation plans. The amount that may be used by a subdivision for planning purposes 15
731		-	in the local land preservation and recreation plan shall not exceed [$25,000 for any one 16
732		-	fiscal year] $125,000 FOR ANY INDIVIDUAL P LAN UPDATE WITHIN TH E 5–YEAR 17
733		-	UPDATE CYCLE . Local matching funds are not required for planning or updating the local 18
734		-	land preservation and recreation plan. 19
	731	+	C. FUTURE ANNUAL APPORTI ONMENT. 17
735	732
736		-	(c) (1) (i) One half of any local governing body’s annual apportionment 20
737		-	shall be used for acquisition or development projects provided that up to [20 percent] 20% 21
738		-	of the funds authorized for acquisition or development projects under this subparagraph 22
739		-	may be used for capital renewal as defined in § 5–901 of this subtitle. 23
	733	+	2. [1. Except as provided in subsubparagraph 2 of this 18
	734	+	subparagraph, if] IF the Department and the Department of Planning certify that 19
	735	+	acquisition goals set forth in the current, approved local land preservation and recreation 20
	736	+	plan have been met [and that such acreage attainment equals or exceeds the minimum 21
	737	+	recommended acreage goals developed for that jurisdiction under the Maryland Land 22
	738	+	Preservation and Recreation Plan], a local governing body may use up to [75 percent] 100% 23
	739	+	of its future annual apportionment for development projects [for a period of 5 years after 24
	740	+	attainment], provided that up to [20 percent] 20% of the funds authorized for use for 25
	741	+	development projects under this subparagraph may be used for capital renewal 26
	742	+	APPORTIONMENT FOR DE VELOPMENT PROJECTS . 27
740	743
741		-	(ii) 1. THIS SUBPARAGRAPH APP LIES TO A LOCAL 24
742		-	GOVERNING BODY ’S: 25
	744	+	[2. If the Department and the Department of Planning certify 28
	745	+	that acquisition goals set forth in the current, approved local land preservation and 29
	746	+	recreation plan have been exceeded and that the acreage attainment exceeds the minimum 30
	747	+	recommended acreage goals developed for that jurisdiction under the Maryland Land 31
	748	+	Preservation and Recreation Plan, the local governing body of a jurisdiction that has more 32
	749	+	than 65,000 acres of land within the jurisdiction consisting of State forests, State parks, or 33
	750	+	wildlife management areas may use up to 100 percent of its future annual apportionment 34
	751	+	for development projects and capital renewal.] 35
743	752
744		-	A. APPORTIONMENT NOT YE T ENCUMBERED AS OF JULY 26
745		-	1, 2025; 27
746		-
747		-	B. FISCAL YEAR 2026 APPORTIONMENT ; AND 28
748		-
749		-	C. FUTURE ANNUAL APPORTI ONMENT. 29
750		-
751		-	2. [1. Except as provided in subsubparagraph 2 of this 30
752		-	subparagraph, if] IF the Department and the Department of Planning certify that 31
753		-	acquisition goals set forth in the current, approved local land preservation and recreation 32
754		-	plan have been met [and that such acreage attainment equals or exceeds the minimum 33
755		-	recommended acreage goals developed for that jurisdiction under the Maryland Land 34 HOUSE BILL 717 17
	753	+	(iii) If a county determines that it qualifies for the additional funds 36
	754	+	for development and capital renewal projects under subparagraph (ii) of this paragraph, 37 HOUSE BILL 717 17
756	755
757	756
758		-	Preservation and Recreation Plan], a local governing body may use up to [75 percent] 100% 1
759		-	of its future annual apportionment for development projects [for a period of 5 years after 2
760		-	attainment], provided that up to [20 percent] 20% of the funds authorized for use for 3
761		-	development projects under this subparagraph may be used for capital renewal 4
762		-	APPORTIONMENT FOR DE VELOPMENT PROJECTS . 5
	757	+	before the due date for all local governing bodies to submit revised local land preservation 1
	758	+	and recreation plans, that county may submit an interim local land preservation and 2
	759	+	recreation plan: 3
763	760
764		-	[2. If the Department and the Department of Planning certify 6
765		-	that acquisition goals set forth in the current, approved local land preservation and 7
766		-	recreation plan have been exceeded and that the acreage attainment exceeds the minimum 8
767		-	recommended acreage goals developed for that jurisdiction under the Maryland Land 9
768		-	Preservation and Recreation Plan, the local governing body of a jurisdiction that has more 10
769		-	than 65,000 acres of land within the jurisdiction consisting of State forests, State parks, or 11
770		-	wildlife management areas may use up to 100 percent of its future annual apportionment 12
771		-	for development projects and capital renewal.] 13
	761	+	1. Prior to the submission under subsection (b)(2) of this 4
	762	+	section; and 5
772	763
773		-	(iii) If a county determines that it qualifies for the additional funds 14
774		-	for development and capital renewal projects under subparagraph (ii) of this paragraph, 15
775		-	before the due date for all local governing bodies to submit revised local land preservation 16
776		-	and recreation plans, that county may submit an interim local land preservation and 17
777		-	recreation plan: 18
	764	+	2. In addition to the submission required under subsection 6
	765	+	(b)(2) of this section. 7
778	766
779		-	1. Prior to the submission under subsection (b)(2) of this 19
780		-	section; and 20
	767	+	(3) (i) Except as provided in subparagraph (iii) of this paragraph, if the 8
	768	+	local governing body is unable to obtain STATE OR federal funds OTHER THAN THE 9
	769	+	FUNDS ALLOCATED UNDE R SUBSECTION (A) OF THIS SECTION AND pursuant to § 10
	770	+	5–906 of this subtitle, for each approved local development project the State shall provide: 11
781	771
782		-	2. In addition to the submission required under subsection 21
783		-	(b)(2) of this section. 22
	772	+	1. 75 percent of the total project cost; or 12
784	773
785		-	(3) (i) Except as provided in subparagraph (iii) of this paragraph, if the 23
786		-	local governing body is unable to obtain STATE OR federal funds OTHER THAN THE 24
787		-	FUNDS ALLOCATED UNDE R SUBSECTION (A) OF THIS SECTION AND pursuant to § 25
788		-	5–906 of this subtitle, for each approved local development project the State shall provide: 26
	774	+	2. If the Department has certified pursuant to paragraph (1) 13
	775	+	of this subsection that acquisition goals have been met, 90 percent of the total project cost. 14
789	776
790		-	1. 75 percent of the total project cost; or 27
	777	+	(ii) Except as provided in subparagraph (iii) of this paragraph, if 15
	778	+	STATE FUNDS, OTHER THAN THE FUNDS ALLOCATED UNDER SUBS ECTION (A) OF 16
	779	+	THIS SECTION, OR federal funds are provided on any development project cost, [the State 17
	780	+	shall provide 50 percent of the difference between the total project cost and the federal 18
	781	+	contribution. Subject to the limitation that total State funds, when added to every other 19
	782	+	available fund, may not exceed 100 percent of a project’s cost, the minimum State 20
	783	+	contribution to a project shall be 25 percent. If the federal funds are less than 50 percent of 21
	784	+	the total project cost, the State shall provide an amount equal to the difference between the 22
	785	+	federal contribution and] AND PROVIDED THAT TH E TOTAL STATE FUNDS WHEN 23
	786	+	ADDED TO EVERY OTHER AVAILABLE FUND DOES NOT EXCEED 100 PERCENT OF THE 24
	787	+	TOTAL PROJECT COST , THE LOCAL JURISDICTI ON SHALL MATCH : 25
791	788
792		-	2. If the ~~Department has certified pursuant to paragraph (1) 28~~
793		-	~~of this subsection that acquisition goals have been met, 90 percent of the total project cost. 29~~
	789	+	1. [75 percent of the total project cost] 25 PERCENT OF THE 26
	790	+	PROGRAM OPEN SPACE GRANT AMOUNT ; or 27
794	791
795		-	(ii) Except as provided in subparagraph (iii) of this paragraph, if 30
796		-	STATE FUNDS, OTHER THAN THE FUNDS ALLOCATED UNDER SUBS ECTION (A) OF 31
797		-	THIS SECTION, OR federal funds are provided on any development project cost, [the State 32
798		-	shall provide 50 percent of the difference between the total project cost and the federal 33
799		-	contribution. Subject to the limitation that total State funds, when added to every other 34
800		-	available fund, may not exceed 100 percent of a project’s cost, the minimum State 35
801		-	contribution to a project shall be 25 percent. If the federal funds are less than 50 percent of 36
802		-	the total project cost, the State shall provide an amount equal to the difference between the 37
803		-	federal contribution and] AND PROVIDED THAT TH E TOTAL STATE FUNDS WHEN 38 18 HOUSE BILL 717
	792	+	2. [If the Department has certified pursuant to paragraph (1) 28
	793	+	of this subsection that acquisition goals have been met, 90 percent of the total project cost] 29
	794	+	10 PERCENT OF THE PROGRAM OPEN SPACE GRANT AMOUNT . 30
	795	+
	796	+	(d) If land is donated to local governing bodies during the fiscal year, 75 percent 31
	797	+	of the appraised value the Department approves may be applied as a portion of, or all of, 32
	798	+	the local governing body’s share of the project’s cost for the projects referred to in [§ 5–904 33
	799	+	of this subtitle] SUBSECTION (C) OF THIS SECTION . 34
	800	+
	801	+	(e) If federal funds are received for any approved local project after it was funded 35
	802	+	by the State in accordance with [subsection (b)] SUBSECTIONS (B) AND (C) of this section 36 18 HOUSE BILL 717
804	803
805	804
806		-	ADDED TO EVERY OTHER AVAILABLE FUND DOES NOT EXCEED 100 PERCENT OF THE 1
807		-	TOTAL PROJECT COST , THE LOCAL JURISDICTI ON SHALL MATCH : 2
	805	+	[or § 5–904 of this subtitle], the applicant shall reimburse the State in an amount equal to 1
	806	+	the federal contribution. The reimbursement shall be reserved for other projects approved 2
	807	+	for the applicant up to the limit of the share allocated to the local governing body. 3
808	808
809		-	1. ~~[75 percent of the total project cost]~~ ~~25 PERCENT OF THE 3~~
810		-	~~PROGRAM OPEN SPACE GRANT AMOUNT ; or 4~~
	809	+	SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect 4
	810	+	October 1, 2025. 5
811	811
812		-	2. [If the Department has certified pursuant to paragraph (1) 5
813		-	of this subsection that acquisition goals have been met, 90 percent of the total project cost] 6
814		-	10 PERCENT OF THE PROGRAM OPEN SPACE GRANT AMOUNT . 7
815		-
816		-	(d) If land is donated to local governing bodies during the fiscal year, 75 percent 8
817		-	of the appraised value the Department approves may be applied as a portion of, or all of, 9
818		-	the local governing body’s share of the project’s cost for the projects referred to in [§ 5–904 10
819		-	of this subtitle] SUBSECTION (C) OF THIS SECTION . 11
820		-
821		-	(e) If federal funds are received for any approved local project after it was funded 12
822		-	by the State in accordance with [subsection (b)] SUBSECTIONS (B) AND (C) of this section 13
823		-	[or § 5–904 of this subtitle], the applicant shall reimburse the State in an amount equal to 14
824		-	the federal contribution. The reimbursement shall be reserved for other projects approved 15
825		-	for the applicant up to the limit of the share allocated to the local governing body. 16
826		-
827		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
828		-	October 1, 2025. 18
829	812
830	813
831	814
832	815		Approved:
833	816		________________________________________________________________________________
834	817		Governor.
835	818		________________________________________________________________________________
836	819		Speaker of the House of Delegates.
837	820		________________________________________________________________________________
838	821		President of the Senate.