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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0728*
HOUSE BILL 728
P2 6lr0657
CF 6lr3062
By: Delegates Behler, Schindler, Watson, and Ziegler
Introduced and read first time: February 2, 2026
Assigned to: Government, Labor, and Elections
A BILL ENTITLED
AN ACT concerning 1
State Procurement – Exceptions – Historic Preservation Services 2
FOR the purpose of establishing certain exceptions to State procurement requirements for 3
certain contracts with nonprofit entities related to historic preservation service 4
opportunities; requiring certain historic preservation, archaeology, and conservation 5
service contracts to include certain clauses; and generall y relating to State 6
procurement and historic preservation services. 7
BY repealing and reenacting, with amendments, 8
Article – State Finance and Procurement 9
Section 11–203(a)(1)(xviii) and (xix) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – State Finance and Procurement 14
Section 11–203(a)(1)(xx) and (b)(5) and 13–218(f) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 18
That the Laws of Maryland read as follows: 19
Article – State Finance and Procurement 20
11–203. 21
(a) Except as provided in subsection (b) of this section, this Division II does not 22
apply to: 23
(1) procurement by: 24
2 HOUSE BILL 728
(xviii) the Department of Natural Resources, for: 1
1. negotiating or entering into grants, agreements, or 2
partnerships with nonprofit entities related to conservation service opportunities; and 3
2. negotiating or entering into pay –for–success contracts in 4
accordance with § 13–112.1 of this Division II; [and] 5
(xix) the State Archives for preservation, conservation, proper care, 6
restoration, and transportation of fine art or decorative art that is: 7
1. in the custody of the Commission on Artistic Property; and 8
2. owned by or loaned to the State; AND 9
(XX) THE DEPARTMENT OF GENERAL SERVICES, THE 10
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, THE DEPARTMENT 11
OF PLANNING, AND THE DEPARTMENT OF TRANSPORTATION FOR NEGOTIATING OR 12
ENTERING INTO AGREEMENTS OR PARTNERSHIPS WITH NONPROFIT ENTITIES FOR 13
PROJECTS RELATED TO HISTORIC PRESERVATIO N, ARCHAEOLOGY, OR 14
CONSERVATION SERVICE OPPORTUNITIES; 15
(b) (5) SECTION 13–218(F) OF THIS ARTICLE APPLIES TO A CONTRAC T 16
DESCRIBED UNDER SUBSECTION (A)(1)(XVIII)1 OR (XX) OF THIS SECTION. 17
13–218. 18
(F) A CONTRACT DESCRIBED U NDER § 11–203(A)(1)(XVIII)1 OR (XX) OF 19
THIS ARTICLE SHALL INCLUDE CLAUSES REQUIRING THE NONPROFIT ENTITY TO: 20
(1) COMPETITIVELY PROCURE ANY SUBCONTRACTED SERVICES IN A 21
TRANSPARENT MANNER IN ACCORDANCE WITH APPLICABLE STATE LAW; 22
(2) PROVIDE ANNUAL REPOR TS TO THE UNIT ON PARTNERSHIP 23
OUTCOMES AND EXPENDITURES; AND 24
(3) MAXIMIZE OPPORTUNITI ES FOR COMMUNITY ENG AGEMENT 25
RELATED TO THE HISTORIC PRESERVATIO N, ARCHAEOLOGY, OR CONSERVATION 26
SERVICE OPPORTUNITY. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29