1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0921* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 921 |
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8 | 8 | | M1, M3 CONSTITUTIONAL AMENDMENT 2lr2977 |
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9 | 9 | | HB 1346/16 – ENV CF SB 366 |
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10 | 10 | | By: Delegates Saab, Adams, Beitzel, Boteler, Buckel, Chisholm, Hornberger, |
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11 | 11 | | Howard, Krebs, Novotny, Shoemaker, and Szeliga |
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12 | 12 | | Introduced and read first time: February 7, 2022 |
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13 | 13 | | Assigned to: Environment and Transportation |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Chesapeake and Atlantic Coastal Bays 2010 Trust Fund – Use of Funds 2 |
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20 | 20 | | (Chesapeake Bay Lockbox Protection Act of 2022) 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of establishing a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund 4 |
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23 | 23 | | to provide financial resources for certain nonpoint source pollution control projects 5 |
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24 | 24 | | in the State; and prohibiting the transfer of funds in the Chesapeake and Atlantic 6 |
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25 | 25 | | Coastal Bays 2010 Trust Fund to the General Fund or a special fund of the State 7 |
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26 | 26 | | except under certain circumstances. 8 |
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27 | 27 | | |
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28 | 28 | | BY proposing an addition to the Maryland Constitution 9 |
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29 | 29 | | Article III – Legislative Department 10 |
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30 | 30 | | Section 53A 11 |
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31 | 31 | | |
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32 | 32 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 |
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33 | 33 | | (Three–fifths of all the members elected to each of the two Houses concurring), That it be 13 |
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34 | 34 | | proposed that the Maryland Constitution read as follows: 14 |
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35 | 35 | | |
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36 | 36 | | Article III – Legislative Department 15 |
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37 | 37 | | |
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38 | 38 | | 53A. 16 |
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39 | 39 | | |
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40 | 40 | | (A) THERE IS A CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST 17 |
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41 | 41 | | FUND. 18 |
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42 | 42 | | |
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43 | 43 | | (B) THE PURPOSE OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 19 |
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44 | 44 | | 2010 TRUST FUND IS TO PROVIDE FI NANCIAL ASSISTANCE N ECESSARY TO ADVANCE 20 |
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45 | 45 | | MARYLAND’S PROGRESS IN MEETIN G THE GOAL S ESTABLISHED IN THE 2014 21 |
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46 | 46 | | CHESAPEAKE BAY WATERSHED AGREEMENT FOR THE RES TORATION OF THE 22 |
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47 | 47 | | CHESAPEAKE BAY AND ITS TRIBUTARI ES, INCLUDING THE PATUXENT RIVER, AND 23 2 HOUSE BILL 921 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | TO RESTORE THE HEALT H OF THE ATLANTIC COASTAL BAYS AND THEIR 1 |
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51 | 51 | | TRIBUTARIES BY FOCUS ING LIMITED FINAN CIAL RESOURCES ON NO NPOINT SOURCE 2 |
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52 | 52 | | POLLUTION CONTROL PR OJECTS IN ALL REGION S OF THE STATE. 3 |
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53 | 53 | | |
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54 | 54 | | (C) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , THE 4 |
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55 | 55 | | CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY BE USED ONLY 5 |
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56 | 56 | | FOR THE IMPLEMENTATI ON OF NONPOI NT SOURCE POLLUTION CONTROL PROJECTS 6 |
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57 | 57 | | TO COMPLY WITH STATE AND LOCAL WATER SHED IMPLEMENTATION PLANS AND TO 7 |
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58 | 58 | | IMPROVE THE HEALTH O F THE ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES. 8 |
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59 | 59 | | |
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60 | 60 | | (D) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , FUNDS IN 9 |
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61 | 61 | | THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY NOT BE 10 |
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62 | 62 | | TRANSFERRED TO THE GENERAL FUND OR A SPECIAL FUN D OF THE STATE. 11 |
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63 | 63 | | |
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64 | 64 | | (E) THIS SECTION DOES NOT APPLY TO: 12 |
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65 | 65 | | |
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66 | 66 | | (1) AN ALLOCATION OR USE OF FUNDS IN THE CHESAPEAKE AND 13 |
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67 | 67 | | ATLANTIC COASTAL BAYS 2010 TRUST FUND FOR A COUNTY , A MUNICIPALITY , OR 14 |
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68 | 68 | | BALTIMORE CITY IN ACCORDANCE WI TH TITLE 8, SUBTITLE 2A OF THE NATURAL 15 |
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69 | 69 | | RESOURCES ARTICLE; OR 16 |
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70 | 70 | | |
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71 | 71 | | (2) A TRANSFER OF FUNDS IN THE CHESAPEAKE AND ATLANTIC 17 |
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72 | 72 | | COASTAL BAYS 2010 TRUST FUND TO THE BAYSTAT SUBCABINET AGENCIES I N 18 |
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73 | 73 | | ACCORDANCE WITH TITLE 8, SUBTITLE 2A OF THE NATURAL RESOURCES ARTICLE. 19 |
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74 | 74 | | |
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75 | 75 | | (F) FUNDS IN THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 20 |
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76 | 76 | | TRUST FUND MAY BE USED FOR A PURPOSE NOT RELATE D TO THE CHESAPEAKE 21 |
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77 | 77 | | AND ATLANTIC COASTAL BAYS OR TRANSFERRED T O THE GENERAL FUND OR A 22 |
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78 | 78 | | SPECIAL FUND OF THE STATE IF: 23 |
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79 | 79 | | |
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80 | 80 | | (1) THE GOVERNOR, BY EXECUTIVE ORDER , DECLARES THAT A 24 |
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81 | 81 | | FISCAL EMERGENCY EXI STS; AND 25 |
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82 | 82 | | |
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83 | 83 | | (2) THE GENERAL ASSEMBLY, BY LEGISLATION PASSE D ON A YEA 26 |
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84 | 84 | | AND NAY VOTE SUPPORT ED BY THREE–FIFTHS OF ALL THE ME MBERS ELECTED TO 27 |
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85 | 85 | | EACH OF THE TWO HOUSES OF THE GENERAL ASSEMBLY, CONCURS WITH THE USE 28 |
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86 | 86 | | OR TRANSFER OF THE F UNDS. 29 |
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87 | 87 | | |
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88 | 88 | | SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 30 |
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89 | 89 | | determines that the amendment to the Maryland Constitution proposed by Section 1 of this 31 |
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90 | 90 | | Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 32 |
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91 | 91 | | Constitution concerning local approval of constitutional amendments do not apply. 33 |
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92 | 92 | | |
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93 | 93 | | SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the Maryland 34 HOUSE BILL 921 3 |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | Constitution proposed by Section 1 of this Act shall be submitted to the qualified voters of the 1 |
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97 | 97 | | State at the next general election to be held in November 2022 for adoption or rejection 2 |
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98 | 98 | | pursuant to Article XIV of the Maryland Constitution. At that general election, the vote on the 3 |
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99 | 99 | | proposed amendment to the Constitution shall be by ballot, and on each ballot there shall be 4 |
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100 | 100 | | printed the words “For the Constitutional Amendment” and “Against the Constitutional 5 |
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101 | 101 | | Amendment”, as now provided by law. Immediately after the election, all returns shall be made 6 |
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102 | 102 | | to the Governor of the vote for and against the proposed amendment, as directed by Article XIV 7 |
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103 | 103 | | of the Maryland Constitution, and further proceedings had in accordance with Article XIV. 8 |
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104 | 104 | | |
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105 | 105 | | |
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