(a) 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. (b) The purposes of an affiliated foundation are to: (1) 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; (2) Promote activities that: (i) Enhance public programming and recreational and educational offerings; (ii) Restore or maintain public access to the natural resources of the State; or (iii) Support operation, maintenance, and law enforcement activities within lands managed by the Department; and (3) 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. (c) (1) The Department shall: (i) Develop policies for operating each affiliated foundation that the Department establishes, including naming rights; and (ii) 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. (2) The Attorney General shall: (i) Review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and (ii) If appropriate, approve the policies for use in governing the affiliated foundation. (3) The State Ethics Commission shall: (i) Review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and (ii) 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. (d) 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. (e) (1) 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. (2) 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. (f) (1) 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. (2) An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section: (i) May not be compensated, directly or indirectly, by the affiliated foundation; and (ii) 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. (3) (i) 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. (ii) 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. (iii) 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. (4) 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: (i) The names of the officials and employees serving as a director or an official of an affiliated foundation; and (ii) How the policies adopted under subsection (c) of this section have been implemented in the preceding year. (g) Each year an independent certified public accountant shall audit an affiliated foundation established under this section. (h) 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.
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