In this Part I of this subtitle the following words have the meanings indicated. “Archives” means the State Archives. “Commission” means the Hall of Records Commission.

There is a State Archives in the office of the Governor. There is a Hall of Records Commission.

The Commission consists of the following 11 members: the Chief Justice of the Supreme Court of Maryland; a member of the Senate appointed by the President of the Senate; a member of the House of Delegates appointed by the Speaker of the House; the Comptroller; the Treasurer who may appoint, as the Treasurer’s designee, a deputy treasurer; the Secretary of General Services; the President of The Johns Hopkins University or a designee; the President of the Maryland Historical Society; the President of the St. John’s College or a designee; the Chancellor of the University System of Maryland or a designee; and the President of the Morgan State University or a designee.

The Commission shall meet at least quarterly at the times and places that the Commission determines. A member of the Commission: may not receive compensation; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Archives shall provide staff services for the Commission. The Commission shall be an advisory body for the Archives. The Commission shall review and comment on: the proposed budget of the Archives; all proposed publications of the Archives; and all proposed policies pertaining to the use of the Archives by the public.

After consultation with the Commission, the Governor shall appoint a competent, qualified individual as State Archivist. The State Archivist shall: be knowledgeable in subjects relevant to archival activities; and possess experience in archival or related fields. The State Archivist is entitled to a salary as provided in the State budget.

The State Archivist may appoint an Assistant State Archivist. The Assistant State Archivist has the powers and duties of the State Archivist: to the extent delegated by the State Archivist; if the office of the State Archivist is vacant; and if for any other reason the State Archivist is unable to perform the duties of office. The State Archivist may employ other staff in accordance with the State budget.

In addition to any powers set forth elsewhere, the State Archivist may: adopt regulations to: govern the Archives; manage the Hall of Records Building and other real and personal property that the Archives acquires; manage the records under the supervision of the Archives; and define the categories of records in the report of the Records Management Division under § 10–611 of this article; have a seal; and on request, or at the State Archivist’s discretion, review, evaluate, and make recommendations to the General Assembly regarding State designations under Title 7 of the General Provisions Article. At the request of the President of the Senate, the Speaker of the House, the Chair of the Senate Committee on Education, Energy, and the Environment, or the Chair of the House Government, Labor, and Elections Committee, the State Archivist shall review, evaluate, and make recommendations to the General Assembly regarding State designations under Title 7 of the General Provisions Article. The State Archivist may establish reasonable fees for the care and preservation of records and other services provided by the Archives. Fees may be in the form of: a percentage not to exceed 2% of an existing fee charged at the time of the creation of a record in any form or format; or a flat rate subscription charge for a publication of the Archives. Of the fees collected, 7% shall be deposited in the Archives Endowment Account of the State Archives Fund established under § 9–1013 of this subtitle as an educational and entrepreneurial reserve. The State Archivist shall submit to the Governor and, subject to § 2–1257 of this article, to the General Assembly an annual report on the activities of the Archives and the Commission during the preceding fiscal year.

The State Archivist may: determine, in consultation with the Commission, the types of records and other information that the Archives will accept for safekeeping; and acquire, as a gift or with money appropriated or given to the Archives for that purpose: any record or other material that, in consultation with the Commission, the State Archivist considers worthy of preservation; and other real or personal property. The State Archivist: shall supervise and control the use of the State Hall of Records Building; may equip and furnish the Building in accordance with law; and subject to Title 2, Subtitles 4 and 5, Title 4, Subtitles 7 and 8, §§ 8–127, 8–128, and 8–129, Part V of Title 8, Subtitle 1, Title 10, Title 12, Subtitle 2, and §§ 13–219 and 13–221 of the State Finance and Procurement Article, shall supervise and control the use of any other real or personal property that the State acquires for use of the Archives. The State Archivist shall provide the Commissioner of Land Patents with space in the State Hall of Records Building.

The Archives may: repair and preserve the records under the supervision of the State Archivist, as provided in the State budget; make a copy of any record in the Archives; and certify the copy. The Archives may publish, electronically or in print, indices to records, descriptions, summaries of record material, or original record material, in whole or in part, that are not otherwise restricted from access under existing law. The Archives shall index or provide other finding aids for: the historical records acquired under § 9–1010 of this subtitle; and the land records in its custody under § 9–1011 of this subtitle. Except as provided in paragraph (2) of this subsection, the Archives may charge a reasonable fee for providing a copy of a record and for certifying the record. If, with the written approval of a judge of a circuit court, the clerk of court asks for a copy of a land record that a court has transferred to the Commission or Archives, the Archives shall provide, without charge, a micrographic copy of the land record.

The Archives: shall collect public and private records and other information that relate to the history of the province and State of Maryland from the earliest times, including church records and newspapers; may edit and publish these records; and shall encourage research into the history of the State. Any records and materials that relate to the history of Maryland and are not needed for the operation of a unit belong to the Archives and shall be under the supervision of the State Archivist.

The Archives is the central depository for and custodian of each deed, title insurance policy, and other record that relates to real property acquired by the State. The Archives may allow a unit of the State government to have custody of an original record that relates to real property acquired by the State, if the unit: needs the record for the daily operation of the unit; demonstrates to the Archives that the unit will preserve the record adequately; and deposits with the Archives a security microform copy of the record. The Archives shall receive, index, and file durable–backed, microfilm aperture card copies or electronic images of plats showing property or rights–of–way acquired or conveyed by the State Roads Commission and the State Highway Administration. The Archives electronically shall post an image of each plat on the Archives website (http://www.plats.net) for the county where the property or right–of–way is located. The posted image shall conform to a generally accepted archival standard in quality and permanence. The image shall include or be linked to a certification by the State Archivist that the image is an authentic representation of the plat received by the Archives. Such certification by the State Archivist shall constitute a recordation of the plat. The Archives may charge a reasonable fee to the State Roads Commission, the State Highway Administration, and the courts to recover the cost of electronically posting and maintaining the images of plats. The Archives may charge a reasonable fee, not to exceed $3, to the public for the cost of reproducing a copy of a plat under this subsection.

The Archives may allow a unit of local government or its designee to have custody of an original local record if the unit or designee: demonstrates that the unit or designee will preserve the record adequately; and deposits with the Archives or permits the Archives to make a security microform copy of the record. The Archives may not destroy a local record unless the Archives: offers the record to the appropriate local government or its designee; and the government or designee declines to accept the record.

There is a State Archives Fund. The Comptroller shall credit to the State Archives Fund any money that: is appropriated or given to the Archives for publication of the series known as “The Archives of Maryland”; is received from the sale of the series; is received from public grants and private contributions; or is received from fees collected in accordance with § 9–1007(c) of this subtitle. The Commission may utilize the proceeds of public grants, private contributions, and fees collected under § 9–1007(c)(3) of this subtitle to create an Archives Endowment Account within the State Archives Fund, if this use is consistent with the terms of the public grants and private contributions. If an endowment is created, the principal of the endowment may not be expended, except pursuant to a recommendation of the Commission. The Archives shall use money received by the State Archives Fund for “The Archives of Maryland” to prepare, edit, and publish volumes of the series, including reprints of unavailable volumes. The Archives may use other money in the Fund for the general dissemination of archival materials. This includes the preparation and distribution of books and other publications using archival materials. Earnings from the endowment may be used for research on Maryland citizens who achieve national, State, or local prominence, for research on historical and geographical aspects of Maryland, and for an outreach program into the schools. The Treasurer shall invest money from the State Archives Fund, including money in the Archives Endowment Account, for the use of the Fund, and all earnings shall be credited to the Fund. Expenditures from the Fund, including earnings from the Archives Endowment Account, shall be made pursuant to an appropriation approved by the General Assembly in the annual State budget or by the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article. The Fund is a continuing, nonlapsing fund which is not subject to § 7–302 of the State Finance and Procurement Article. The Fund and the Endowment Account are subject to audit by the Legislative Auditor.

The Archives may establish a consolidated publications account. The Archives may place in the consolidated publications account revenues from publications, the issuance of land patents, and services of the Archives. However, at the end of each fiscal year, the money in the account in excess of $50,000 shall revert to the General Fund of the State. The Archives may use the consolidated publications account to produce, distribute, and promote any of the publications of the Archives, except the Maryland Manual.

In this section the following words have the meanings indicated. “Certified or abridged copy” means a copy of a restricted vital record that contains only the personal information that appears on the certificate of birth and does not include any confidential medical information appearing on the certificate. “Department” means the Maryland Department of Health. “Extract” means the following information from a restricted vital record: full names; birthplaces of parents; and date and place of birth or death. “File” means to present for registration at the Department any certificate of birth, death, adoption, marriage, divorce, or annulment. “Restricted vital record” means a certificate of birth that pertains to a birth that occurred fewer than 100 years prior to the request for the record or to a death that occurred fewer than 10 years prior to the request for the record. “Unrestricted vital record” means a record in the custody of the Archives, including one obtained from the Department by the Archives, that pertains to a birth that occurred more than 100 years prior to the request for the record, or to any marriage license, to a report of absolute divorce or annulment of marriage, or to a death that occurred more than 10 years prior to the request for the record. “Vital record” means a record of birth, death, marriage, absolute divorce, or marriage annulment required by law to be filed with the Department. Upon request of the Archives, the Department shall provide the Archives with vital records and indexes of vital records that are in the custody of the Department. Vital records and indexes may be copied by the Archivist in any manner. Upon request, the Archives may only disclose and provide copies of vital records to: an individual who is lawfully entitled under § 4–217(b)(1) of the Health – General Article to obtain a certified or abridged copy of a restricted vital record from the Department or any other original custodian; an individual who requests an unrestricted vital record; or an individual who has evidence of the death of the person in the restricted vital record. An individual may examine and obtain a copy of indexes that pertain to vital records that are in the custody of the Archives. An individual may obtain an extract of a restricted vital record. An individual may obtain from the Archives a certified copy of the original of a vital record that may be examined under paragraph (1) of this subsection. The Archives may charge a reasonable fee to cover the expense of copying vital records or indexes to a vital record, to make extracts from restricted vital records or to undertake a search for vital records. An individual may not request a copy of vital records, indexes to vital records, or extracts from restricted vital records for the purpose of commercial solicitation or private gain. The Archives may require an individual to state the individual’s intended use of the information obtained under this section. Under this section, the copying and use of vital records for disclosure, the disclosure of vital records, or extracts of restricted vital records or indexes does not violate the rule of confidentiality in a provision of law, including Title 10, Subtitle 6 of this article or § 4–224 of the Health – General Article. The Archives is not liable to an individual for: errors in indexing or extracting information from vital records; or reasonable reliance on evidence that the person in a restricted vital record is deceased. Unless a record has been transferred to the custody of the Archives, the information disclosed under this section does not constitute an official record.

In this Part II of this subtitle, “Commission” means the Commission on Artistic Property.

There is a Commission on Artistic Property in the State Archives.

The Commission consists of 15 members, 7 of whom are institutional members and 8 of whom are public members. The institutional members are the chief executive officers, or their designees, of the following institutions: the Academy of the Arts in Easton; the Baltimore Museum of Art; Maryland Historical Society; the Maryland Institute, College of Art in Baltimore; the Peabody Institute; Walters Art Gallery; and Washington County Museum of Fine Arts in Hagerstown. The State Archivist shall appoint the public members with the approval of the Governor. The State Archivist shall seek to include representatives of the historical museums of the State among the public members. The public members serve at the pleasure of the State Archivist. From time to time, with the approval of the Governor, the State Archivist shall designate a public member of the Commission to serve as chairman.

A member of the Commission: may not receive compensation; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Commission may employ a professional staff, in accordance with the State budget. The Commission may also contract for a curator and for the services of the Archivist of the Peabody Institute to act as curator of some or all of the objects in the Peabody Art Collection once that collection becomes the property of the State.

With the approval of the Governor and the State Archivist, the Commission may accept, on behalf of the State: a gift of any painting or other object of decorative art; and a loan of any painting or other object of decorative art. The Commission shall care for any object of decorative art accepted under this section. With the approval of the Governor, the State Archivist: may accept a gift of money from any public or private source; and shall administer and use the gift of money in accordance with any conditions of the gift.

The Commission is the official custodian of all valuable paintings and other objects of decorative art owned by or loaned to the State, except those located in a State room of the Government House. With respect to the objects subject to its official custody, the Commission shall: keep a continuing inventory of the objects; and be responsible for and supervise the acquisition, custody, display, location, preservation, proper care, security, and restoration of the objects. At such time as the State acquires the Peabody Art Collection from the Peabody Institute, the Commission shall become the official custodian of the Collection. In exercising its custodial responsibilities, the Commission may loan objects owned by the State to qualified institutions and may contract with such institutions for the performance of curatorial services. Each person or agency that desires to acquire a painting or object of decorative art for display in or on the premises of any State building, except in a room of the Government House, must receive both prior approval and final acceptance from the Commission. Before giving prior approval or final acceptance in accordance with this subsection, the Commission shall consider: the competence of the artist; the proposed location of the object; and the quality, historical significance, and appropriateness of the work. This subtitle does not apply to artwork acquired through the Maryland Public Art Initiative Program established under Title 4, Subtitle 6 of the Economic Development Article.

As to all paintings or other objects of decorative art in the State rooms of the Government House, the Commission shall: advise the Government House Trust about acquisition and display of the objects; insure the objects; and be responsible for the preservation of the objects.

In performing its responsibilities in or on the premises of any State building, the Commission shall seek the advice of: the President of the Senate and the Speaker of the House of Delegates for any State building used by the Legislative Branch of the State government; the Governor for any State building used by the Executive Branch of the State government; and the Chief Justice of the Supreme Court of Maryland for any State building used by the Judicial Branch of the State government.

The State Archives shall compile, edit, and publish an online Maryland Manual that: describes: the State and its government, including State, interstate, regional, county, intercounty, and municipal government; and federal officials and agencies directly related to the State; and contains: a copy of the Maryland Constitution; the name of each officer of the State, a county, or a municipality who is: elected; appointed by the Governor; or appointed by the Board of Public Works; and any other information that, in consultation with the Hall of Records Commission, the State Archivist considers necessary. As provided in the State budget, the State Archives shall: update the Maryland Manual as necessary to maintain the accuracy of the information; and annually preserve a version of the Maryland Manual that contains all changes made to the Maryland Manual under item (1) of this subsection in the immediately preceding year. To the extent practicable, the State Archivist shall provide outreach to public schools, public libraries, and the general public to increase awareness regarding the availability and content of the Maryland Manual.