HB 1099
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1099 (Delegate Carr)
Appropriations
Historic African American Cemeteries Preservation Fund and Study
This bill establishes the Historic African American Cemeteries Preservation Fund,
administered by the Maryland Department of Planning (MDP) in coordination with the
Maryland Commission on African American History and Culture (MCAAHC). The bill
also requires MDP, in consultation with concerned stakeholders, to study and report on
issues facing historic African American cemeteries in the State and types of preservation
or other activities used in other states. The bill takes effect July 1, 2021, with respect to
the required study and report. The bill otherwise takes effect July 1, 2023.
Fiscal Summary
State Effect: General fund expenditures increase by at least $35,000 in FY 2022 and by
at least $246,700 in FY 2024, within ongoing costs in future years. Special fund revenues
and expenditures increase by at least $150,000 annually beginning in FY 2024.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
SF Revenue $0 $0 $150,000 $150,000 $150,000
GF Expenditure $35,000 $0 $246,700 $244,900 $248,300
SF Expenditure $0 $0 $150,000 $150,000 $150,000
Net Effect ($35,000) $0 ($246,700) ($244,900) ($248,300)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local government revenues and expenditures increase to the extent that
local governments, as qualified applicants, receive grants under the bill.
Small Business Effect: Potential meaningful.
 Analysis
Bill Summary:
Historic African American Cemeteries Preservation Fund
The purpose of the Historic African American Cemeteries Preservation Fund is to identify,
preserve, restore, protect, maintain, or commemorate graves, monuments, or markers at
historic African American cemeteries. The fund consists of (1) money appropriated in the
State budget to the fund; (2) interest earnings of the fund; and (3) any other money from
any other source accepted for the benefit of the fund. The Governor must include in the
annual budget bill an appropriation to the fund.
The fund may be used to provide grants to qualified applicants for the identification,
preservation, restoration, protection, maintenance, or commemoration of historic
African American cemeteries. Projects for which a grant from the fund may be used include
(1) delineation activities; (2) archaeological study; (3) public education; (4) historical
research; or (5) other methods of preserving and memorializing the history of the
individuals buried at the location.
The Secretary of Planning, in consultation with MCAAHC, must adopt regulations to
implement the bill’s provisions governing the fund.
Report to the Governor and the General Assembly
In consultation with specified stakeholders, MDP must (1) study the issues facing historic
African American cemeteries in the State, including by identifying the types of cemetery
identification, restoration, protection, preservation, maintenance, or commemoration
activities that can be accomplished under current law, through changes to regulations, and
through legislation and (2) examine the types of cemetery identification, restoration,
protection, preservation, maintenance, or commemoration activities used in other states.
By July 1, 2022, MDP must report to the Governor and the General Assembly on its
findings.
Relevant Definitions
“Historic African American cemetery” means a cemetery or burial ground that is of historic
significance to the enslaved African or African American experience in Maryland.
“Qualified Applicant” means (1) a nonprofit organization; (2) a political subdivision; (3) an
individual; or (4) a community organization led by an individual belonging to the
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descendent community of a historic African American cemetery and formed for the
purpose of identifying, preserving, or maintaining the historic African American cemetery.
Current Law: The African American Heritage Preservation Program, first established in
2010, has the purpose of identifying and preserving buildings, communities, and sites of
historical and cultural importance to the African American experience in the State. The
program is administered by the Maryland Historical Trust (MHT) in partnership with
MCAAHC. There is an African American Heritage Preservation Grant Fund that is used
for grants made under the program. Each fiscal year, the Governor is required to include in
the annual operating or capital budget an appropriation of $1.0 million to the fund. Grants
made under the program are for capital projects that (1) preserve buildings, communities,
and sites of historical and cultural importance to the African American experience in the
State and (2) are for the acquisition of land or buildings or the construction or improvement
of land or buildings.
State Fiscal Effect: General fund expenditures increase by at least $35,000 in fiscal 2022,
for costs associated with the study required under the bill. MDP indicates that costs of the
study could range from $35,000 to $50,000, depending on the scope of the study.
The Department of Legislative Services (DLS) advises that a significant portion of the
costs associated with this bill will be incurred beginning in fiscal 2024, when the provisions
establishing the fund take effect. General fund expenditures increase by at least $246,721
in fiscal 2024. This estimate reflects the cost of (1) hiring an administrator to administer
the grant program and provide technical expertise relevant to cemetery documentation and
the specialized field of conservation and (2) an amount ($150,000) assumed by DLS to be
an approximate minimum annual amount of grant funding needed for a viable program.
Under MHT’s Historic Preservation Non-capital Grant Program, which funds similar types
of historic preservation activities as those identified in the bill, individual grant awards
generally range from $5,000 to $75,000. If the Historic African American Cemeteries
Preservation Fund were to fund grants of similar amounts, an assumed minimum $150,000
annual appropriation would support at least two grants at the top of that range ($75,000),
per year, or a greater number of smaller grants.
Position 1
Salaries and Fringe Benefits $90,976
Grant Funding 150,000
Operating Expenses 5,745
Total FY 2024 State Expenditures $246,721
Future year expenditures reflect full salaries with annual increases and employee turnover
and ongoing grant funding and operating expenses.
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It is assumed, for the purposes of this fiscal and policy note, that the administrator begins
work when the provisions establishing the fund take effect, July 1, 2023. To the extent
work, which cannot be absorbed by existing staff, needs to start in advance of July 1, 2023,
personnel costs are incurred in fiscal 2023.
Special fund revenues to the fund and expenditures from the fund increase by at least
$150,000 annually, beginning in fiscal 2024, reflecting the receipt of the annual
appropriation and corresponding spending. It is assumed that the entire appropriation is
spent in each year.
MCAAHC can assist in implementing the bill with existing resources.
Small Business Effect: MDP indicates that professional conservators are typically small
businesses and would benefit from grants awarded under the bill.
Additional Information
Prior Introductions: HB 1512 of 2020, a similar bill, received a hearing in the House
Health and Government Operations Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): Anne Arundel, Baltimore, Charles, and Frederick counties; City
of Havre de Grace; Governor’s Office; Department of Budget and Management; Maryland
Department of Planning; Department of Legislative Services
Fiscal Note History: First Reader - February 23, 2021
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Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1099/ Page 4


Statutes affected:
Text - First - Historic African American Cemeteries Preservation Fund and Study: 6-226 State Finance and Procurement