In this subtitle the following words have the meanings indicated. “Arts” includes dance, drama, music drama, architecture, painting, sculpture, graphics, crafts, photography, design, film, television, and creative writing. “Council” means the Maryland State Arts Council.

The General Assembly finds that: 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; with increasing leisure time, the practice and enjoyment of the arts are of increasing importance; many of the residents of the State possess artistic and creative talents that cannot be utilized fully under existing conditions; 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; interest in the arts will provide employment for artists in all fields and encourage residents to participate in the arts; 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; 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 implementing and exhibiting artistic programs, constructing performance facilities, and increasing tourism from these programs will increase employment and help the economy of the State. It is the policy of the State to: 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; promote the role of the arts in the life of the residents of the State; and ensure that the arts play an ever more significant part in the residents’ welfare and educational experience. The General Assembly intends that the activities of the State to carry out the policy set forth in subsection (b) of this section: encourage and assist artistic expression; and not limit freedom of artistic expression, which is essential for the well-being of the arts.

There is a Maryland State Arts Council in the Department.

The Council consists of the following 17 members: 13 members appointed by the Governor in consultation with the Secretary and with the advice and consent of the Senate; two members appointed by the President of the Senate of Maryland, at least one of whom shall be a member of the Senate; and 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. The term of a member who is not a member of the General Assembly is 3 years and begins on July 1. A member of the General Assembly appointed to the Council serves until a successor is appointed. 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. 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. At the end of a term, a member continues to serve until a successor has been appointed and qualifies. 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. In appointing members, the Governor shall: consider recommendations of civic, educational, and professional organizations concerned with or engaged in the production or presentation of the arts; and provide balanced geographic representation.

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

A member of the Council: may not receive compensation as a member of the Council; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

The Council shall meet at least four times a year. The chair or the Secretary shall call the meetings.

The exercise of the powers and performance of duties of the Council under this subtitle is subject to the approval of the Secretary. The Council may: adopt regulations to carry out this subtitle; enter into contracts and agreements; obtain services; ask any other unit of the State for assistance and data that enable the Council to carry out its powers and duties; accept federal money for any purpose of this subtitle; accept gifts, donations, or bequests for any purpose of this subtitle; and carry out this subtitle.

With the approval of the Secretary, the Council shall appoint an Executive Director of the Council. The Executive Director may not be a member of the Council. The Executive Director serves at the pleasure of the Council, subject to the concurrence of the Secretary. The Executive Director is a special appointment in the State Personnel Management System. Subject to the policies of the Council and the administrative supervision of the Secretary, the Executive Director: is the administrative officer of the Council staff; shall appoint and remove employees of the Council; and shall direct, administer, and supervise the activities of the Council staff.

The Council may: conduct a statewide survey of resources and needs in the arts; determine the extent to which existing resources can fill the needs; design new or expanded programs in the arts on its own or with arts organizations; encourage and assist in the formation and activities of community arts councils; provide technical and consultative assistance to arts organizations throughout the State; 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; make awards for excellence in the arts; make grants to arts organizations and individual artists; cooperate with educational institutions and organizations to establish a higher level of education in and appreciation of the arts by students throughout the State; explore the feasibility of regional arts programming in neighboring states and program exchange with other states, and implement the programs the Council considers advisable; make recommendations to the Board of Public Works concerning appropriate aesthetic decorations, embellishments, accessories, and ornamentation to State projects, buildings, and property; and conduct other programs consistent with this subtitle. The Council: shall publish an annual report; and may publish other material.

In exercising its powers and performing its duties under this subtitle, the Council may not interfere with: freedom of artistic expression; or established or contemplated arts programs in any community.

The Council is entitled to: revenue distributed under § 2–202(a)(1)(ii) of the Tax – General Article; and funding in accordance with the State budget. 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 § 7-302 of the State Finance and Procurement Article.

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. 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: for fiscal year 2022, $1,500,000; for fiscal year 2023, $1,300,000; for fiscal year 2024, $1,100,000; for fiscal year 2025, $900,000; and for fiscal year 2026, $700,000. 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 § 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. The report shall include: a complete statement on the financial condition of the Baltimore Symphony Orchestra; and an accounting of all financial receipts and expenditures.

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. There is a Maryland Arts Capital Grant Program. The Council shall administer the Program and hire at least one full–time coordinator for the Program. 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. For each fiscal year, the Council shall award the entire appropriation under subsection (c) of this section in grants under this section. 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: participates in the Council’s Grants for Organizations program or Community Arts Development program; or is open to the public and provides cultural education or experiences. 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. For any fiscal year, an organization may not receive from the Council a grant for a single project that exceeds $1,000,000. 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. The application shall contain: the project plan and full budget, including the use of the matching funds; a description of the neighborhood or area where the project will be located; a letter of support from the local governing body representing the area in which the project will be located; a letter of support from the State Senator or Delegate representing the area in which the project will be located; organizational documents for the organization; and any other information that the Council requires. The Department, by regulation, shall establish a quantitative system to evaluate each application that takes into account: the full project plan and how the plan relates to: fulfilling the mission of the organization; and enhancing the county and the communities surrounding the project; the capacity of the applicant or partners of the applicant to complete the project and leverage non–State funding; the ability of the proposed project to address identified challenges at the organization; a description of the organization’s inclusionary hiring practices that increase local workforce opportunities; and a plan to make the project available for use by people of color and by individuals living below the federal poverty level. The Council and a grant recipient shall execute a program agreement. The grant recipient shall comply with the terms of the program agreement. The program agreement may not allow for more than 15% of the amount of the grant to be used for operating expenses. The Council may exercise any remedy authorized by law if the grant recipient: violates any provision of the agreement; or does not meet any requirement under this section. 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: apply for a grant under this section; receive a letter of support from the executive director of the Council stating that: the project is urgent and any funding the organization receives will be spent in the next fiscal year; and the organization has been awarded a grant under this section; and is authorized by the President of the Senate and the Speaker of the House to request a legislative bond initiative.