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<subtitle article="gnr" title_number="1" subtitle_number="11" title_name="Department of Natural Resources" subtitle_name="Affiliated Foundations">
  <section article="gnr" article_name="Natural Resources" number="1-1101" title_number="1" title_name="Department of Natural Resources" subtitle_number="11" subtitle_name="Affiliated Foundations">
    <level label="a">
      <text>The Department may establish one or more affiliated foundations to work with the Maryland Park Service, the Maryland Forest Service, the Wildlife and Heritage Service, the Office of Outdoor Recreation, and the Natural Resources Police.</text>
    </level>
    <level label="b">
      <text>The purposes of an affiliated foundation are to:</text>
      <level label="1">
        <text>Solicit and accept funds for improvements designed to expand and enhance the equitable use of and access to lands managed by the Department for recreation and conservation purposes;</text>
      </level>
      <level label="2">
        <text>Promote activities that:</text>
        <level label="i">
          <text>Enhance public programming and recreational and educational offerings;</text>
        </level>
        <level label="ii">
          <text>Restore or maintain public access to the natural resources of the State; or</text>
        </level>
        <level label="iii">
          <text>Support operation, maintenance, and law enforcement activities within lands managed by the Department; and</text>
        </level>
      </level>
      <level label="3">
        <text>Partner with individuals, corporations, and other entities to support innovative projects that enhance visitors’ experiences at lands managed by the Department, including educating visitors, increasing inclusivity, supporting sustainability, and promoting health and wellness.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The Department shall:</text>
        <level label="i">
          <text>Develop policies for operating each affiliated foundation that the Department establishes, including naming rights; and</text>
        </level>
        <level label="ii">
          <text>Submit each policy developed to the Attorney General and the State Ethics Commission for review and, if appropriate, approval in accordance with paragraphs (2) and (3) of this subsection.</text>
        </level>
      </level>
      <level label="2">
        <text>The Attorney General shall:</text>
        <level label="i">
          <text>Review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and</text>
        </level>
        <level label="ii">
          <text>If appropriate, approve the policies for use in governing the affiliated foundation.</text>
        </level>
      </level>
      <level label="3">
        <text>The State Ethics Commission shall:</text>
        <level label="i">
          <text>Review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and</text>
        </level>
        <level label="ii">
          <text>If appropriate, approve the policies for use in governing an official or employee of the Department who also serves as a director or an official of the affiliated foundation.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <text>An affiliated foundation may solicit and receive contributions from businesses, governmental entities, nonprofit organizations, and individuals interested in the promotion of lands managed by the Department.</text>
    </level>
    <level label="e">
      <level label="1">
        <text>An affiliated foundation established under this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.</text>
      </level>
      <level label="2">
        <text>A financial obligation or liability of an affiliated foundation established under this section may not be considered a debt or an obligation of the State or the Department.</text>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>Sections 5–501 through 5–504 of the General Provisions Article do not prohibit an official or employee of the Department from also becoming a director or an official of an affiliated foundation established under this section.</text>
      </level>
      <level label="2">
        <text>An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section:</text>
        <level label="i">
          <text>May not be compensated, directly or indirectly, by the affiliated foundation; and</text>
        </level>
        <level label="ii">
          <text>May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the affiliated foundation as authorized by the Department and the board of directors of that affiliated foundation.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>The Department shall notify the State Ethics Commission in writing whenever the Department allows an official or employee of the Department to serve as a director or an official of an affiliated foundation.</text>
        </level>
        <level label="ii">
          <text>Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Department of any objections or concerns pertaining to the joint service identified in the notice.</text>
        </level>
        <level label="iii">
          <text>On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Department shall reexamine the joint service identified in the notice.</text>
        </level>
      </level>
      <level label="4">
        <text>The Department shall report annually to the Governor, the Legislative Policy Committee of the General Assembly in accordance with § 2–1257 of the State Government Article, and the State Ethics Commission on:</text>
        <level label="i">
          <text>The names of the officials and employees serving as a director or an official of an affiliated foundation; and</text>
        </level>
        <level label="ii">
          <text>How the policies adopted under subsection (c) of this section have been implemented in the preceding year.</text>
        </level>
      </level>
    </level>
    <level label="g">
      <text>Each year an independent certified public accountant shall audit an affiliated foundation established under this section.</text>
    </level>
    <level label="h">
      <text>Funds accepted by an affiliated foundation under this section are supplemental to and are not intended to take the place of funding that otherwise would be provided in the annual State operating or capital budget bill for projects or activities of the Department.</text>
    </level>
  </section>
</subtitle>