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*sb0641*
SENATE BILL 641
P2 (6lr3062)
ENROLLED BILL
— Budget and Taxation/Government, Labor, and Elections —
Introduced by Senator Corderman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
State Procurement – Exceptions – Historic Preservation Services 2
(The Honorable Barrie S. Ciliberti Historic Preservation Act of 2026) 3
FOR the purpose of establishing certain exceptions to State procurement requirements for 4
certain contracts with nonprofit entities related to historic preservation service 5
opportunities; requiring certain historic preservation, archaeology, and conservation 6
service contracts to include certain clauses; and generally relating to State 7
procurement and historic preservation services. 8
BY repealing and reenacting, with amendments, 9
Article – State Finance and Procurement 10
Section 11–203(a)(1)(xviii) and (xix) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
2 SENATE BILL 641
BY adding to 1
Article – State Finance and Procurement 2
Section 11–203(a)(1)(xx) and (b)(5) and 13–218(f) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – State Finance and Procurement 8
11–203. 9
(a) Except as provided in subsection (b) of this section, this Divisi on II does not 10
apply to: 11
(1) procurement by: 12
(xviii) the Department of Natural Resources, for: 13
1. negotiating or entering into grants, agreements, or 14
partnerships with nonprofit entities related to conservation service opportunities; and 15
2. negotiating or entering into pay –for–success contracts in 16
accordance with § 13–112.1 of this Division II; [and] 17
(xix) the State Archives for preservation, conservation, proper care, 18
restoration, and transportation of fine art or decorative art that is: 19
1. in the custody of the Commission on Artistic Property; and 20
2. owned by or loaned to the State; AND 21
(XX) EXCEPT FOR A PROJECT THAT IS SUBJECT TO TITLE 17, 22
SUBTITLE 2 OF THIS ARTICLE , THE DEPARTMENT OF GENERAL SERVICES, THE 23
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, THE DEPARTMENT 24
OF PLANNING, AND THE DEPARTMENT OF TRANSPORTATION FOR NEGOTIATING OR 25
ENTERING INTO AGREEMENTS OR PARTNERSHIPS WITH NONPROFIT ENTITIES FOR 26
PROJECTS RELA TED TO HISTORIC PRES ERVATION, ARCHAEOLOGY, OR 27
CONSERVATION SERVICE OPPORTUNITIES; 28
(b) (5) SECTION 13–218(F) OF THIS ARTICLE APPL IES TO A CONTRACT 29
DESCRIBED UNDER SUBSECTION (A)(1)(XVIII)1 OR (XX) OF THIS SECTION. 30
13–218. 31
SENATE BILL 641 3
(F) A CONTRACT DESCRIBED U NDER § 11–203(A)(1)(XVIII)1 OR (XX) OF 1
THIS ARTICLE SHALL INCLUDE CLAUSES REQUIRING THE NONPROFIT ENTITY TO: 2
(1) SUBCONTRACT THE PERFORMANCE OF HISTORIC PRESERVATION, 3
ARCHAEOLOGY, AND CONSERVATION SERVICES TO THIRD–PARTY FIRMS; 4
(2) COMPETITIVELY PROCURE ANY SUBCONTRACTED SERVICES IN A 5
TRANSPARENT MANNER I N ACCORDANCE WITH AP PLICABLE STATE LAW , 6
INCLUDING THE MINORI TY BUSINESS ENTERPRI SE REQUIREMENTS UNDE R TITLE 7
14, SUBTITLE 3 OF THIS ARTICLE; 8
(2) (3) PROVIDE ANNUAL REPORTS TO THE UNIT ON PARTNERSHIP 9
OUTCOMES AND EXPENDITUR ES, INCLUDING MINORITY B USINESS ENTERPRISE 10
SUBCONTRACTING UTILIZATION; AND 11
(3) (4) MAXIMIZE OPPORTUNITIES FOR COMMUNITY ENGAGEMENT 12
RELATED TO THE HISTO RIC PRESERVATION , ARCHAEOLOGY, OR CONSERVATION 13
SERVICE OPPORTUNITY. 14
SECTION 2. A ND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.