# Economic Development (GEC)

## Title 4. Tourism, Film, and the Arts

### Subtitle 1. Division of Tourism, Film, and the Arts

#### Section 4-101

In this subtitle, "Division" means the Division of Tourism, Film, and the Arts.

#### Section 4-102

There is a Division of Tourism, Film, and the Arts in the Department.

#### Section 4-103

(a)

  (1) With the approval of the Governor, the Secretary shall appoint a director of the Division.

  (2) The director serves at the pleasure of the Secretary.

  (3) Removal of the director by the Secretary is final.

(b) The director shall have demonstrated interest and experience in tourism, film, and the arts.

(c) The director shall operate the Division under the direction of the Secretary.

#### Section 4-104

The director of the Division is entitled to the compensation provided in the State budget.

#### Section 4-105

In accordance with the State budget, the director of the Division may employ a staff and retain professional consultants.

#### Section 4-106

The Division shall:

(1) stimulate development of tourism business in the State;

(2) promote business and job opportunities in the State;

(3) encourage development of recreational areas and facilities;

(4) make the public aware of the State's heritage and historical development;

(5) advertise and disseminate information about the State;

(6) encourage the promotion and development of amateur and professional sports in the State;

(7) encourage the advancement of and participation in the performing, visual, and creative arts; and

(8) administer those programs assigned to the Division by law or designated by the Secretary.

#### Section 4-107

(a) The Department shall submit an annual report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, that summarizes the details of its activities regarding private sector cooperative marketing projects that directly enhance promotion of the State and the tourism industry and that are exempt from State procurement law under Sec. 11-203(a)(1)(xi) of the State Finance and Procurement Article.

(b) The report required under subsection (a) of this section shall include the nonproprietary details of the activities of the private sector participants.

### Subtitle 2. Maryland Tourism Development Board

#### Section 4-201

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

(b) "Board" means the Maryland Tourism Development Board.

(c) "Fund" means the Maryland Tourism Development Board Fund.

(d) "Office" means the Office of Tourism Development.

#### Section 4-202

It is the policy of the State to guide, stimulate, and promote the coordinated, efficient, and beneficial development of travel and tourism in the State so that the State can derive the economic, social, and cultural benefits of travel and tourism to the fullest extent possible.

#### Section 4-203

There is a Maryland Tourism Development Board in the Department.

#### Section 4-204

(a) The Board consists of the following 24 members:

  (1) 11 members appointed by the Governor in consultation with the Secretary and with the advice and consent of the Senate;

  (2) three members appointed by the Governor who are directors or chief executive officers from among the destination marketing organizations officially recognized by the Office;

  (3) five members appointed by the President of the Senate of Maryland as follows:

    (i) at least two members of the Senate; and

    (ii) at least two members from the private business community; and

  (4) five members appointed by the Speaker of the House of Delegates as follows:

    (i) at least two members of the House of Delegates; and

    (ii) at least two members from the private business community.

(b) In appointing members to the Board, the Governor and, with respect to private business community members, the President of the Senate and the Speaker of the House shall:

  (1) ensure that each geographic region of the State is represented equitably;

  (2) give due consideration to the recommendations of representatives of the tourism industry; and

  (3) provide balanced representation of the lodging, food service, transportation, retail, and amusements and attractions sectors of the tourism industry.

(c) A member of the Board who is a member of the General Assembly may not vote on a matter before the Board that relates to the exercise of the sovereign powers of the State.

(d)

  (1)

    (i) The term of a member is 3 years and begins on July 1.

    (ii) The terms of members are staggered as required by the terms provided for the members on October 1, 2008.

    (iii) At the end of a term, a member continues to serve only until a successor is appointed and qualifies.

    (iv) A member may be reappointed, but after serving for two consecutive 3-year terms, a member may not be reappointed until at least 1 year after the end of the member's previous tenure.

    (v) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (2) A member of the General Assembly appointed by the President of the Senate or the Speaker of the House serves until a successor is appointed.

  (3) A member appointed by the Governor may be removed by the Governor with or without cause.

  (4) A private business community member appointed by the President of the Senate or the Speaker of the House may be removed by the appointing officer with or without cause.

#### Section 4-205

(a) Each year the Board shall elect a chair, five vice chairs, and a secretary-treasurer from among its members.

(b) Of the five vice chairs, there shall be one representative each from the lodging, food service, transportation, retail, and amusements and attractions sectors.

#### Section 4-206

(a) The director of the Office is the Executive Director of the Board as part of the regular duties of the director of the Office.

(b) The director may not receive additional compensation for serving as Executive Director of the Board.

#### Section 4-207

(a) The Board shall meet at least 4 times a year, at times and places the chair determines.

(b) A member of the Board:

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

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

#### Section 4-208

(a) The Office shall provide staff for the Board.

(b) The Board shall use the facilities, equipment, and supplies of the Office to conduct its business.

#### Section 4-209

(a) The exercise of the powers and duties of the Board under this subtitle is subject to the approval of the Secretary.

(b) The Board may:

  (1) adopt regulations to carry out this subtitle;

  (2) enter into contracts and agreements;

  (3) obtain services;

  (4) ask any other unit of the State for assistance and data that enable the Board to carry out its powers and duties;

  (5) accept federal money for any purpose of this subtitle; and

  (6) accept gifts, donations, or bequests for any purpose of this subtitle.

#### Section 4-210

The Board shall:

(1) protect, preserve, promote, and restore the natural, historical, scenic, and cultural resources in the State;

(2) generate revenue through the sale of goods and services related to tourism in accordance with Sec. 4-215 of this subtitle; and

(3) publish and submit to the Maryland Economic Development Commission and the Secretary an annual report and other material that the Board considers appropriate.

#### Section 4-211

The Board shall draft and implement a 5-year strategic plan for the promotion and development of tourism in the State.

#### Section 4-212

(a) The Board shall draft and implement an annual marketing plan consistent with the strategic plan developed under Sec. 4-211 of this subtitle.

(b) The Board shall establish an annual operating budget consistent with the marketing plan.

#### Section 4-213

The Board shall:

(1) encourage the development of new tourism resources, products, businesses, and attractions in the State;

(2) facilitate the movement and activities of tourists to, from, and within the State through signs, information aids, and other services;

(3) improve the safety and security of tourists in the State;

(4) encourage and facilitate training and education of individuals for jobs in the tourism industry;

(5) provide a healthy environment for the development of human resources in tourism businesses;

(6) encourage residents to pursue careers in tourism businesses;

(7) produce a climate conducive to small tourism business growth and viability;

(8) review existing and proposed taxes, fees, licenses, regulations, and regulatory procedures affecting tourism and the tourism industry in the State and evaluate their impact on the ability of the tourism industry to create employment and generate income;

(9) support research necessary to evaluate, plan, and execute effective tourism programs;

(10) cooperate with other public units and private organizations to develop and promote the State's tourism and travel industries; and

(11) encourage, assist, and coordinate the tourism activities of local and regional promotional organizations.

#### Section 4-214

The Board shall:

(1) set policies for spending money on tourism advertising, written and graphic materials, cooperative and matching promotional programs, and other tourism and travel developmental and promotional activities for the State;

(2) spend money of the Fund to plan, advertise, promote, assist, and develop the tourism and travel industries in the State; and

(3) provide grants to destination marketing organizations for the purpose of attracting visitors to the State of not less than:

  (i) $2,350,000 in total for fiscal year 2011; and

  (ii) $2,500,000 in total for fiscal year 2012 and for each fiscal year thereafter.

#### Section 4-215

(a) There is a Maryland Tourism Development Board Fund in the Department.

(b) The purpose of the Fund is to finance programs relating to the planning, advertising, promotion, assistance, and development of the tourism industry in the State.

(c) The Fund is a special, nonlapsing fund that is not subject to reversion under Sec. 7-302 of the State Finance and Procurement Article.

(d) The Fund consists of:

  (1) money appropriated in the State budget to the Fund; and

  (2) money that the Board accepts under Sec. 4-209 of this subtitle.

(e) Expenditures from the Fund may be made only by the Board in accordance with an appropriation.

(f)

  (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any investment earnings of the Fund shall be credited to the General Fund of the State.

#### Section 4-216

(a)

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

  (2) "Tourism tax increment" means the amount, if any, by which the tourism tax revenues collected in the fiscal year 2 years before a particular fiscal year exceeds the tourism tax revenues collected in the fiscal year 3 years before the particular fiscal year.

  (3) "Tourism tax revenues" means sales and use tax revenues collected on the retail sale of tourist-oriented goods and services, as determined by the Comptroller under subsection (c)(3) of this section.

(b)

  (1) For each of fiscal years 2011 and 2012, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Fund of $5,000,000.

  (2) For fiscal year 2013 and each fiscal year thereafter, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Fund in an amount not less than $6,000,000 for each fiscal year.

(c)

  (1) On or before August 1 of each year, the Comptroller shall calculate the amount of the qualifying tourism tax increment for the current fiscal year in accordance with paragraph (2) of this subsection.

  (2) The qualifying tourism tax increment is:

    (i) if the tourism tax increment exceeds 3% of the tourism tax revenues collected in the fiscal year 3 years before the current fiscal year, one-half of the amount of the tourism tax increment above the 3% increase; or

    (ii) if the tourism tax increment does not exceed 3%, zero.

  (3) The Comptroller shall:

    (i) determine the classification codes that shall be included in tourism tax revenues under this subsection after consulting with the Department; and

    (ii) on request from the Department, report the amount of the qualifying tourism tax increment to the Department.

  (4) The Governor shall consider whether to include the amount of the qualifying tourism tax increment in the appropriation to the Fund in the proposed State budget for the next fiscal year, in addition to the amount to be included in the budget bill under subsection (b) of this section.

  (5) This subsection may not be construed to require funding in the State budget of the qualifying tourism tax increment.

  (6) If the proposed State budget for a particular fiscal year includes an appropriation to the Fund under this subsection, it is the intent of the General Assembly that the total annual funding appropriated to the Fund in any fiscal year not exceed by more than $5,000,000 the sum of:

    (i) the portion of the qualifying tourism tax increment that the Governor included in the proposed State budget for the fiscal year immediately preceding the particular fiscal year; and

    (ii) the amount stated in subsection (b) of this section.

(d)

  (1) On or before December 1 of each year beginning in 2015, in cooperation with the Board and the Maryland Association of Destination Marketing Organizations, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the effectiveness of the funding provided under subsections (b) and (c) of this section in increasing visitor attendance and visitor spending in Maryland.

  (2) The report shall include information that addresses the following:

    (i) the specific use of the tourism advertising funds provided by this section;

    (ii) data quantifying the success of Maryland's increased tourism marketing efforts;

    (iii) tourism marketing strategies used by other states in Maryland's primary market and their impact on Maryland's market share;

    (iv) efforts by the Board to generate additional revenues for the Maryland Tourism Development Board Fund; and

    (v) other short- and long-term strategies for tourism development that, if adopted, could improve Maryland's competitive position with its neighboring states.

### Subtitle 3. Maryland Film Office

#### Section 4-301

In this subtitle, "Office" means the Maryland Film Office.

#### Section 4-302

There is a Maryland Film Office in the Department.

#### Section 4-303

The Office may:

(1) ask any State or local governmental unit for assistance and information to carry out this subtitle;

(2) accept a gift, bequest, or grant from a public or private source for any of the purposes of this subtitle;

(3) spend money made available in accordance with the State budget for any of the purposes of this subtitle; and

(4) do any other act necessary to carry out this subtitle.

#### Section 4-304

(a) The Office shall implement a program to promote the production of motion pictures and television programs in the State.

(b) The Office shall:

  (1) prepare and distribute promotional and informational materials that address:

    (i) desirable locations in the State to produce motion pictures and television programs;

    (ii) the benefits and advantages of producing motion pictures and television programs in the State; and

    (iii) the services and assistance available from State government, local government, and the motion picture and television industry;

  (2) assist motion picture and television companies to secure location permits and other services in connection with motion picture and television production; and

  (3) facilitate cooperation from federal, State, and local governmental units and the private sector in locating and producing motion pictures and television programs.

#### Section 4-305

The Office shall coordinate its activities with activities of similar local governmental units in the State for any of the purposes of this subtitle.

### Subtitle 4. Maryland Entertainment Industry Council

#### Section 4-401

In this subtitle, "Council" means the Maryland Entertainment Industry Council.

#### Section 4-402

There is a Maryland Entertainment Industry Council in the Department.

#### Section 4-403

(a) The Council consists of the following members:

  (1) one member of the Senate of Maryland, appointed by the President of the Senate;

  (2) one member of the House of Delegates, appointed by the Speaker of the House;

  (3) the Governor's appointed Senior Advisor on Film, Television, and Entertainment;

  (4) the Secretary of Commerce, or the Secretary's designee;

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

  (6) the Secretary of Housing and Community Development, or the Secretary's designee; and

  (7) the following 19 members appointed by the Governor, in consultation with the Secretary:

    (i) one expert in the business of the film, television, and entertainment industry, such as an executive, a producer, a studio representative, or an individual holding a leadership role within the industry;

    (ii) one expert in workforce development or higher education related to the film, television, and entertainment industry;

    (iii) one expert in emerging technologies or specialties of the film, television, and entertainment industry, such as an expert in gaming, artificial intelligence, visual effects, animation, postproduction, or another related specialty;

    (iv) one expert in legal or policy fields specific to the film, television, and entertainment industry;

    (v) one representative of the independent film and television community;

    (vi) one representative of nongovernmental entities or philanthropic institutions that support film, television, or entertainment directly or creative economies more broadly;

    (vii) one representative of organized labor in the entertainment industry; and

    (viii) 12 individuals who have general experience in the film, television, or entertainment industries.

(b)

  (1) The Governor may appoint up to three additional individuals as honorary cochairs of the Council who are:

    (i) individuals with extraordinary cultural capital and commanding significant influence within the film, television, and entertainment industry;

    (ii) business leaders commanding a significant stake within the film, television, and entertainment industry; or

    (iii) individuals who have defined the current cultural brand of the film, television, and entertainment industry within the State.

  (2) An individual appointed as an honorary cochair of the Council shall be a nonvoting member of the Council whose responsibilities shall be limited to the promotion and business development of Maryland's film, television, and entertainment industry.

(c)

  (1)

    (i) The term of a member under subsection (a)(7) of this section is 2 years and begins on July 1.

    (ii) A member of the General Assembly appointed to the Council serves until a successor is appointed.

  (2)

    (i) This paragraph applies only to a member appointed under subsection (a)(7) of this section.

    (ii) A member may be reappointed, but after serving for three consecutive 2-year terms, a member may not be reappointed until at least 1 year after the end of the member's previous tenure.

    (iii) The terms of members are staggered as required by the terms provided for members of the Council on July 1, 2024.

    (iv) At the end of a term, a member continues to serve until a successor has been appointed and qualifies.

    (v) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(d) In appointing members, the Governor shall provide, to the extent practicable, balanced geographic representation.

#### Section 4-404

The Senior Advisor on Film, Television, and Entertainment shall chair the Council.

#### Section 4-405

A member of the Council:

(1) may not receive compensation as a member of the Council; but

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

#### Section 4-406

(a) The Council shall:

  (1) assess Maryland's existing assets, opportunities, and competitive position within the film, television, and entertainment industry;

  (2) study:

    (i) Maryland's State, local, and private assets that currently support Maryland's film, television, and entertainment industry, including key infrastructure, existing workforce, workforce pipelines, scenic profile, emerging specialties, and independent creative communities;

    (ii) existing State programs, agencies, offices, grant programs, and commissions across State agencies that support the film, television, and entertainment industry;

    (iii) models, competitive profiles, methods, and legislation that states have utilized to incentivize necessary infrastructure and workforce to support the film, television, and entertainment industry;

    (iv) industry needs, disruptive trends, and emerging technologies within the film, television, and entertainment industry; and

    (v) complementary industries, aligned businesses, and potential corporate, philanthropic, and other partners for the film, television, and entertainment industry; and

  (3) make recommendations on the development of a coordinated, comprehensive strategic plan to position Maryland as an emerging leader in the film, television, and entertainment industry.

(b) The Council may:

  (1) adopt regulations to carry out this subtitle;

  (2) enter into contracts and agreements;

  (3) obtain services;

  (4) ask any other unit of the State for assistance and data that enable the Council to carry out its powers and duties;

  (5) accept federal money for any purpose of this subtitle; and

  (6) accept gifts, donations, or bequests for any purpose of this subtitle.

#### Section 4-407

Staff for the Council shall be provided by:

(1) the Department; and

(2) any other State agency designated by the Governor.

#### Section 4-408

The Council:

(1) on or before January 1, 2026, and each January 1 thereafter, shall submit an annual report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly; and

(2) may publish other material.

### Subtitle 5. Maryland State Arts Council

#### Section 4-501

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

(b) "Arts" includes dance, drama, music drama, architecture, painting, sculpture, graphics, crafts, photography, design, film, television, and creative writing.

(c) "Council" means the Maryland State Arts Council.

#### Section 4-502

(a) The General Assembly finds that:

  (1) many of the residents of the State lack the opportunity to enjoy or participate in and develop a greater appreciation of the arts, including theatrical performances, concerts, opera, dance and ballet performances and recitals, art and art exhibitions, fine examples of architecture, and creative writing;

  (2) with increasing leisure time, the practice and enjoyment of the arts are of increasing importance;

  (3) many of the residents of the State possess artistic and creative talents that cannot be utilized fully under existing conditions;

  (4) the general welfare of the residents of the State will be promoted by recognizing that the arts are a vital part of the culture and heritage of the State and are an important means to expand the scope of the State's educational program for children and adults;

  (5) interest in the arts will provide employment for artists in all fields and encourage residents to participate in the arts;

  (6) increased activities in the arts will increase employment in the State by encouraging the production of artistic events in various communities of the State, thus utilizing the talents and services of many residents;

  (7) the standards of performance of the arts will improve because of the encouragement of increased resident participation and a demand for higher standards for more residents; and

  (8) implementing and exhibiting artistic programs, constructing performance facilities, and increasing tourism from these programs will increase employment and help the economy of the State.

(b) It is the policy of the State to:

  (1) strive to create a nurturing climate for the arts in the State and join with private patrons, institutions, and professional organizations concerned with the arts;

  (2) promote the role of the arts in the life of the residents of the State; and

  (3) ensure that the arts play an ever more significant part in the residents' welfare and educational experience.

(c) The General Assembly intends that the activities of the State to carry out the policy set forth in subsection (b) of this section:

  (1) encourage and assist artistic expression; and

  (2) not limit freedom of artistic expression, which is essential for the well-being of the arts.

#### Section 4-503

There is a Maryland State Arts Council in the Department.

#### Section 4-504

(a) The Council consists of the following 17 members:

  (1) 13 members appointed by the Governor in consultation with the Secretary and with the advice and consent of the Senate;

  (2) two members appointed by the President of the Senate of Maryland, at least one of whom shall be a member of the Senate; and

  (3) two members appointed by the Speaker of the House of Delegates, at least one of whom shall be a member of the House of Delegates.

(b)

  (1)

    (i) The term of a member who is not a member of the General Assembly is 3 years and begins on July 1.

    (ii) A member of the General Assembly appointed to the Council serves until a successor is appointed.

  (2) A member may be reappointed, but after serving for two consecutive 3-year terms, a member may not be reappointed until at least 1 year after the end of the member's previous tenure.

  (3) The terms of members appointed under subsection (a)(1) of this section are staggered as required by the terms provided for members of the Council on October 1, 2008.

  (4) At the end of a term, a member continues to serve until a successor has been appointed and qualifies.

  (5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(c) In appointing members, the Governor shall:

  (1) consider recommendations of civic, educational, and professional organizations concerned with or engaged in the production or presentation of the arts; and

  (2) provide balanced geographic representation.

#### Section 4-505

Each year the Council shall select a chair, a vice chair, and a secretary-treasurer from its membership.

#### Section 4-506

A member of the Council:

(1) may not receive compensation as a member of the Council; but

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

#### Section 4-507

(a) The Council shall meet at least four times a year.

(b) The chair or the Secretary shall call the meetings.

#### Section 4-508

(a) The exercise of the powers and performance of duties of the Council under this subtitle is subject to the approval of the Secretary.

(b) The Council may:

  (1) adopt regulations to carry out this subtitle;

  (2) enter into contracts and agreements;

  (3) obtain services;

  (4) ask any other unit of the State for assistance and data that enable the Council to carry out its powers and duties;

  (5) accept federal money for any purpose of this subtitle;

  (6) accept gifts, donations, or bequests for any purpose of this subtitle; and

  (7) carry out this subtitle.

#### Section 4-509

(a)

  (1) With the approval of the Secretary, the Council shall appoint an Executive Director of the Council.

  (2) The Executive Director may not be a member of the Council.

(b)

  (1) The Executive Director serves at the pleasure of the Council, subject to the concurrence of the Secretary.

  (2) The Executive Director is a special appointment in the State Personnel Management System.

(c) Subject to the policies of the Council and the administrative supervision of the Secretary, the Executive Director:

  (1) is the administrative officer of the Council staff;

  (2) shall appoint and remove employees of the Council; and

  (3) shall direct, administer, and supervise the activities of the Council staff.

#### Section 4-510

(a) The Council may:

  (1) conduct a statewide survey of resources and needs in the arts;

  (2) determine the extent to which existing resources can fill the needs;

  (3) design new or expanded programs in the arts on its own or with arts organizations;

  (4) encourage and assist in the formation and activities of community arts councils;

  (5) provide technical and consultative assistance to arts organizations throughout the State;

  (6) provide logistical and financial assistance to encourage the touring of outstanding professional performances and exhibitions of art, from inside and outside the State, to communities throughout the State;

  (7) make awards for excellence in the arts;

  (8) make grants to arts organizations and individual artists;

  (9) cooperate with educational institutions and organizations to establish a higher level of education in and appreciation of the arts by students throughout the State;

  (10) explore the feasibility of regional arts programming in neighboring states and program exchange with other states, and implement the programs the Council considers advisable;

  (11) make recommendations to the Board of Public Works concerning appropriate aesthetic decorations, embellishments, accessories, and ornamentation to State projects, buildings, and property; and

  (12) conduct other programs consistent with this subtitle.

(b) The Council:

  (1) shall publish an annual report; and

  (2) may publish other material.

#### Section 4-511

In exercising its powers and performing its duties under this subtitle, the Council may not interfere with:

(1) freedom of artistic expression; or

(2) established or contemplated arts programs in any community.

#### Section 4-512

(a) The Council is entitled to:

  (1) revenue distributed under Sec. 2-202(a)(1)(ii) of the Tax - General Article; and

  (2) funding in accordance with the State budget.

(b) The Council may treat nonstate, nonfederal contributions for programs of assistance to the arts as a special fund that is not subject to reversion under Sec. 7-302 of the State Finance and Procurement Article.

#### Section 4-513

(a) For each of fiscal years 2020 and 2021, the Governor shall include in the State budget an annual appropriation to the Baltimore Symphony Orchestra of $1,600,000.

(b) For each of fiscal years 2022 through 2026, the Governor shall include in the annual budget bill an appropriation to the Baltimore Symphony Orchestra as follows:

  (1) for fiscal year 2022, $1,500,000;

  (2) for fiscal year 2023, $1,300,000;

  (3) for fiscal year 2024, $1,100,000;

  (4) for fiscal year 2025, $900,000; and

  (5) for fiscal year 2026, $700,000.

(c)

  (1) On or before October 15 each year, beginning in 2022 and for the following 4 years, the Baltimore Symphony Orchestra shall submit a report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee on the effectiveness of the funding provided under subsection (b) of this section.

  (2) The report shall include:

    (i) a complete statement on the financial condition of the Baltimore Symphony Orchestra; and

    (ii) an accounting of all financial receipts and expenditures.

#### Section 4-514

(a) Nothing in this section may be construed to prohibit an organization from receiving funds from a government source other than the Maryland Arts Capital Grant Program.

(b)

  (1) There is a Maryland Arts Capital Grant Program.

  (2) The Council shall administer the Program and hire at least one full-time coordinator for the Program.

(c) For each of fiscal years 2024 through 2029, the Governor shall include in the State operating or capital budget an annual appropriation of $3,000,000 for the Maryland Arts Capital Grant Program.

(d)

  (1) For each fiscal year, the Council shall award the entire appropriation under subsection (c) of this section in grants under this section.

  (2) An organization may apply for a grant under this section if the organization has an operating budget that is less than $3,000,000 and:

    (i) participates in the Council's Grants for Organizations program or Community Arts Development program; or

    (ii) is open to the public and provides cultural education or experiences.

  (3) The Council may award a grant under this section for the acquisition of, the expansion of, the renovation of, or major repairs to a facility or other infrastructure operated by an organization eligible under paragraph (2) of this subsection to apply for a grant.

  (4) For any fiscal year, an organization may not receive from the Council a grant for a single project that exceeds $1,000,000.

(e)

  (1) The Council, in consultation with the Division of Neighborhood Revitalization in the Department of Housing and Community Development and the Department, shall establish a competitive application process for the grants authorized under this section.

  (2) The application shall contain:

    (i) the project plan and full budget, including the use of the matching funds;

    (ii) a description of the neighborhood or area where the project will be located;

    (iii) a letter of support from the local governing body representing the area in which the project will be located;

    (iv) a letter of support from the State Senator or Delegate representing the area in which the project will be located;

    (v) organizational documents for the organization; and

    (vi) any other information that the Council requires.

(f) The Department, by regulation, shall establish a quantitative system to evaluate each application that takes into account:

  (1) the full project plan and how the plan relates to:

    (i) fulfilling the mission of the organization; and

    (ii) enhancing the county and the communities surrounding the project;

  (2) the capacity of the applicant or partners of the applicant to complete the project and leverage non-State funding;

  (3) the ability of the proposed project to address identified challenges at the organization;

  (4) a description of the organization's inclusionary hiring practices that increase local workforce opportunities; and

  (5) a plan to make the project available for use by people of color and by individuals living below the federal poverty level.

(g)

  (1) The Council and a grant recipient shall execute a program agreement.

  (2) The grant recipient shall comply with the terms of the program agreement.

  (3) The program agreement may not allow for more than 15% of the amount of the grant to be used for operating expenses.

  (4) The Council may exercise any remedy authorized by law if the grant recipient:

    (i) violates any provision of the agreement; or

    (ii) does not meet any requirement under this section.

(h) It is the intent of the General Assembly that, before a legislative bond initiative is submitted on behalf of an organization for a project that is eligible for a grant under this section, the organization:

  (1) apply for a grant under this section;

  (2) receive a letter of support from the executive director of the Council stating that:

    (i) the project is urgent and any funding the organization receives will be spent in the next fiscal year; and

    (ii) the organization has been awarded a grant under this section; and

  (3) is authorized by the President of the Senate and the Speaker of the House to request a legislative bond initiative.

### Subtitle 6. Maryland Public Art Initiative Program

#### Section 4-601

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

(b) "Commission" means the Maryland Commission on Public Art.

(c) "Fund" means the Maryland Public Art Fund.

(d) "Program" means the Maryland Public Art Initiative Program.

#### Section 4-602

(a) There is a Maryland Public Art Initiative Program.

(b) The purpose of the Program is to promote the installation of artwork in public facilities for the enrichment of the public.

(c) Program money shall be used to:

  (1) acquire public art to be owned by the State;

  (2) preserve public art assets, including assets of the Commission; and

  (3) make grants to local governments.

#### Section 4-603

(a) There is a Maryland Commission on Public Art.

(b)

  (1) The Commission consists of the following 11 members:

    (i) as designated by the chair of the Council, either the Executive Director or a member of the Maryland State Arts Council established under Subtitle 5 of this title;

    (ii) as designated by the chair of the Trust, either the Director or a member of the Maryland Historical Trust established under Title 5A, Subtitle 3 of the State Finance and Procurement Article;

    (iii) as designated by the State Archivist, either the State Archivist or a member of the Commission on Artistic Property established under Title 9, Subtitle 10 of the State Government Article;

    (iv) the Comptroller or the Comptroller's designee; and

    (v) seven public members appointed by the Secretary with the approval of the Governor.

  (2)

    (i) The Secretary shall include as public members representatives of the artistic community who have professional expertise as artists, curators, art historians, art educators, or architects.

    (ii) A public member serves at the pleasure of the Secretary.

(c) With the approval of the Governor, the Secretary shall designate a chair from among the public members of the Commission.

(d) A member of the Commission:

  (1) may not receive compensation as a member of the Commission; but

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

(e) The Maryland State Arts Council shall provide staff to the Commission.

#### Section 4-604

The Commission shall:

(1) work with the Department of General Services, the State Department of Transportation, and the University System of Maryland to ensure that new public facilities constructed by State units include the installation of artwork;

(2) allocate money from the Fund to commission artwork for installation at public facilities around the State;

(3) establish selection panels to recommend artists and artwork to be funded by the Fund; and

(4) make final recommendations concerning the disbursement of money allocated to the Program.

#### Section 4-605

(a) There is a Maryland Public Art Fund.

(b) The purpose of the Fund is to provide money to carry out the Program.

(c) The Commission shall administer the Fund.

(d)

  (1) The Fund is a special, nonlapsing fund that is not subject to reversion under Sec. 7-302 of the State Finance and Procurement Article.

  (2) The Treasurer shall hold the Fund and the Comptroller shall account for the Fund.

(e)

  (1) The Fund consists of:

    (i) money appropriated in the State budget for the Program; and

    (ii) any other money accepted for the benefit of the Fund from any other source.

  (2) Any investment earnings of the Fund shall be paid into the Fund.

(f) It is the intent of the General Assembly that for each fiscal year, the Governor shall include in the operating or capital budget an appropriation not to exceed $1,000,000 for the Program.

(g) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(h) Money in the Fund may only be spent:

  (1) to carry out the purposes of this subtitle; and

  (2) in accordance with the State budget process.

#### Section 4-606

(a) Before a grant is awarded to a local government under this subtitle, the local government shall provide and spend a matching fund.

(b) A matching fund of a local government may not consist of:

  (1) money provided, directly or indirectly, from appropriated or unappropriated State money;

  (2) real property;

  (3) in kind contributions; or

  (4) money spent before June 1, 2005.

#### Section 4-607

(a) The Maryland State Arts Council shall adopt regulations to carry out the Program.

(b) The regulations shall address:

  (1) procedures for artist and art selection;

  (2) composition of selection panels;

  (3) budget allocations for each project;

  (4) local community involvement; and

  (5) conservation and maintenance concerns.

#### Section 4-608

(a) All artwork funded by the Program is the property of the Commission.

(b) In cooperation with the Department of General Services, the Commission is responsible for the inventory, maintenance, and preservation of all artwork acquired through the Program.

### Subtitle 7. Arts and Entertainment Districts

#### Section 4-701

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

(b) "Artistic work" means an original and creative work that:

  (1) is created, written, composed, or executed, either alone or with others; and

  (2) falls into one of the following categories:

    (i) a book or other writing;

    (ii) a play or performance of a play;

    (iii) a musical composition or the performance of a musical composition;

    (iv) a painting or other picture, including a photograph;

    (v) a sculpture;

    (vi) traditional or fine crafts, including works of cultural expression;

    (vii) the creation of a film or the acting within a film;

    (viii) the creation of a dance or the performance of a dance;

    (ix) the design or creation of original jewelry, clothing, or other functional art;

    (x) storytelling or a storytelling performance;

    (xi) a digital or new media design or performance; or

    (xii) any other product generated as a result of a work or combination of works listed in items (i) through (xi) of this paragraph.

(c) "Arts and entertainment district" means a developed district of public and private uses that:

  (1) is distinguished by physical and cultural resources that play a vital role in the life and development of the community and contribute to the public through interpretive, educational, and recreational uses; and

  (2) ranges in size from a portion of a political subdivision to a regional district with a special coherence.

(d) "Arts and entertainment enterprise" means a for-profit or nonprofit entity dedicated to creating, selling, or sharing artistic work.

(e) "Political subdivision" means a county or municipal corporation.

(f) "Qualifying residing artist" means an individual who:

  (1) owns or rents residential real property in the State;

  (2) conducts a business in any arts and entertainment district; and

  (3) derives income from the sale or performance within any arts and entertainment district of an artistic work that the individual wrote, composed, or executed, either alone or with others, in any arts and entertainment district.

#### Section 4-702

This subtitle does not apply to:

(1) the creation or execution of artistic work for industry-oriented or industry-related production; or

(2) tailoring services, clothing alteration, or jewelry repair.

#### Section 4-703

(a) The following political subdivisions may apply to the Secretary to designate an arts and entertainment district:

  (1) a political subdivision for an area within that political subdivision;

  (2) with the prior consent of the municipal corporation, a county, on its own behalf or on behalf of a municipal corporation, for an area in the municipal corporation; or

  (3) two or more political subdivisions jointly for an area astride their common boundaries.

(b) The application shall:

  (1) be in the form and manner and contain the information that the Secretary requires by regulation;

  (2) contain sufficient information to allow the Secretary to determine if the proposed district qualifies under Sec.Sec. 4-701(c) and 4-704(a) of this subtitle; and

  (3) be submitted for a political subdivision by its chief elected officer or, if none, its governing body.

#### Section 4-704

(a) The Secretary may designate an area as an arts and entertainment district only if the area is a contiguous geographic area that is wholly within:

  (1) a priority funding area as provided under Sec. 5-7B-02 of the State Finance and Procurement Article; or

  (2) a qualified opportunity zone designated under Sec. 1400Z-1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.

(b)

  (1) Within 60 days after a submission date, the Secretary may designate one or more arts and entertainment districts from among the areas in the applications timely submitted.

  (2) A county may not receive more than one arts and entertainment district designation in a calendar year.

(c) The designation of the Secretary is final.

(d) At any time, a political subdivision may reapply to the Secretary to designate as an arts and entertainment district an area that is not so designated.

#### Section 4-705

(a) A political subdivision may apply to the Secretary to expand an existing arts and entertainment district in the same manner as the political subdivision would apply to designate a new arts and entertainment district.

(b)

  (1) Notwithstanding subsection (a) of this section and Sec. 4-704(a) of this subtitle, in Queen Anne's County, the governing body may establish an arts and entertainment district composed of noncontiguous areas in the county, including noncontiguous areas within a municipal corporation in the county, subject to the Secretary's designation of the district as an arts and entertainment district in the county.

  (2) In applying for the establishment of an arts and entertainment district in accordance with paragraph (1) of this subsection, the Queen Anne's County governing body shall comply with the provisions of Sec. 4-703 of this subtitle.

#### Section 4-706

(a) In an arts and entertainment district:

  (1) each qualifying residing artist is eligible for the income tax subtraction modification under Sec. 10-207(v) of the Tax - General Article;

  (2) the property tax credit under Sec. 9-240 of the Tax - Property Article applies; and

  (3) the exemption from the admissions and amusement tax under Sec. 4-104 of the Tax - General Article applies.

(b)

  (1) On or before July 1 preceding the effective date of its establishment, the Secretary shall notify the Comptroller that an arts and entertainment district is established.

  (2) The subtraction modification under Sec. 10-207(v) of the Tax - General Article applies to each taxable year beginning after December 31 of the year in which the Secretary provides the notice required by paragraph (1) of this subsection.

#### Section 4-707

The Secretary shall adopt regulations on application procedures and criteria to designate arts and entertainment districts.

### Subtitle 8. Special Fund for Preservation of Cultural Arts in Maryland

#### Section 4-801

(a) In this section, "Fund" means the Special Fund for Preservation of Cultural Arts in Maryland.

(b) There is a Special Fund for Preservation of Cultural Arts in Maryland.

(c) The purpose of the Fund is to provide supplemental grants to cultural arts organizations in the State that qualify for general operating support grants from the Maryland State Arts Council.

(d) The Secretary of Commerce shall administer the Fund.

(e)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) revenue distributed to the Fund under Sec. 2-202(a)(1)(ii) of the Tax - General Article; and

  (2) any other money from any other source accepted for the benefit of the Fund.

(g) The Fund shall be used to provide supplemental grants for operating and programmatic improvements that strengthen the organizational capacity and financial stability of cultural arts organizations in the State that qualify for general operating support grants from the Maryland State Arts Council.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any investment earnings of the Fund shall be credited to the General Fund of the State.

(i) For each appropriation to the Fund, the Governor may:

  (1) include the funds in the State budget subject to appropriation by the General Assembly; or

  (2) transfer the funds by budget amendment from the Fund to the expenditure account of the Maryland State Arts Council.

(j) Supplemental grants made from the Fund are supplemental to and may not take the place of funding that otherwise would be appropriated for qualifying organizations.

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