SENATE BILL REPORT

SB 5019

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Government Operations & Elections, January 29, 2009

Majority Report: That Substitute Senate Bill No. 5019 be substituted therefor, and the substitute bill do pass.

Signed by Senators Fairley, Chair; Oemig, Vice Chair; Benton, McDermott, Pridemore and Swecker.

Background: Resident curatorship programs secure private funding and labor for the restoration and maintenance of state-owned historical property. A resident curator agrees to live in a historical property for low to no rental payments and in exchange restores the property using private funds. Maryland was the first to pioneer this program in 1982, contracting over 42 curatorships and budgeting returns of over $8 million worth of improvements to historical properties. Curatorship programs have subsequently been adopted in Delaware, Massachusetts, Pennsylvania, and Vermont.

Summary of Bill (Recommended Substitute): State agencies with statutory authority may lease state-owned residential property to private parties for noncommercial residential purposes at below fair-market value in exchange for the private party's agreement to restore, maintain, rehabilitate, or otherwise improve the residential property. The agreement must be in writing and must clearly specify the improvements to be made to the residential property. Agencies must consult with the Department of Archaeology and Historic Preservation and comply with the standards of the Federal Department of the Interior if the residential property is listed or eligible to be listed on the National Register of Historic Places, the Washington Heritage Register, or a local historic register.

EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS & ELECTIONS COMMITTEE (Recommended Substitute): Specifies that the curatorship program is for state-owned residential property and that curators may occupy or use the properties for noncommercial residential purposes.

Staff Summary of Public Testimony on Original Bill: PRO: This bill is a way to encourage agencies, with the authority to lease state-owned property, to enact a curatorship program. People would be allowed to occupy a historic structure and, in lieu of their rent, they would be required to restore the property.