Maryland § 24-508.1

§ 24-508.1.

    (a)    In this section, “affiliated nonprofit organization” includes the Historic St. Mary’s City Foundation.

    (b)    The Commission is encouraged to promote private fundraising by strengthening institutional development activities and may collaborate with affiliated nonprofit organizations.

    (c)    (1)    The Commission shall develop policies for collaboration with an affiliated nonprofit organization.

        (2)    The Attorney General shall review the policies the Commission develops under paragraph (1) of this subsection for form and legal sufficiency and, if appropriate, approve them to govern the collaboration.

        (3)    The State Ethics Commission shall review the policies the Commission develops under paragraph (1) of this subsection that pertain to conflicts of interest and, if appropriate, approve them to govern an official or employee of the Commission also serving as a director or official of an affiliated nonprofit organization.

    (d)    (1)    An affiliated nonprofit organization may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

        (2)    A financial obligation or liability of an affiliated nonprofit organization may not be considered a debt or an obligation of the State or the Commission.

    (e)    (1)    Sections 5–501 through 5–504 of the General Provisions Article do not prohibit an official or employee of the Commission from also becoming a director or an official of an affiliated nonprofit organization.

        (2)    An official or employee of the Commission who serves as a director or official of an affiliated nonprofit organization:

            (i)    May not be compensated, directly or indirectly, by an affiliated nonprofit organization; and

            (ii)    May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of an affiliated nonprofit organization as authorized by the board of directors of an affiliated nonprofit organization and by the Commission.

        (3)    (i)    The Commission shall notify the State Ethics Commission in writing whenever the Commission authorizes an official or employee of the Commission to serve as a director or official of an affiliated nonprofit organization.

            (ii)    Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Commission of any objections or concerns pertaining to the joint service identified in the notice.

            (iii)    On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Commission shall reexamine the matter.

        (4)    Each year, the Commission shall report to the Governor, the State Ethics Commission, and, in accordance with § 2–1257 of the State Government Article, the Legislative Policy Committee:

            (i)    The names of the officials and employees serving as a director or official of an affiliated nonprofit organization; and

            (ii)    How the policies and procedures adopted under subsection (c) of this section have been implemented in the preceding year.

    (f)    (1)    No funds may be accepted by the Commission from an affiliated nonprofit organization unless an independent certified public accountant audits the fiscal affairs of the affiliated nonprofit organization each year.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, funds given to the Commission by an affiliated nonprofit organization may not include preconditions on the use of the funds.

            (ii)    Funds given to the Commission through an affiliated nonprofit organization from a donor may include conditions at the donor’s request.