Maryland 2023 Regular Session

Maryland House Bill HB1140 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb1140*
96
107 HOUSE BILL 1140
118 M1 EMERGENCY BILL 3lr2358
129 CF SB 517
1310 By: Delegates Reilly, Arentz, Ghrist, Griffith, and Jacobs
1411 Introduced and read first time: February 10, 2023
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 30, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
24-Port of Deposit State Historical Park – Included Areas Planning 2
18+Port of Deposit State Historical Park – Included Areas 2
2519
2620 FOR the purpose of altering the areas included in the Port of Deposit State Historical Park; 3
2721 authorizing, rather than requiring, the Bainbridge Development Corporation to 4
2822 transfer a certain portion of a certain site to the Department of Natural Resources 5
29-on or before a certain date; composition of the stakeholder advisory committee to 6
30-advise the Department of Natural Resources on the scope and management of Port 7
31-of Deposit State Historical Park; requiring the Department to make a certain report 8
32-to the General Assembly on or before a certain date; altering the deadline for the 9
33-Bainbridge Development Corporation to transfer certain property to the 10
34-Department; requiring the Department to preserve certain property in a certain 11
35-manner; authorizing the Governor to include, for a certain fiscal year, a certain 12
36-appropriation in the State budget to the Department for a certain archaeological 13
37-survey and soil study; and generally relating to the Port of Deposit State Historical 14
38-Park. 15
23+on or before a certain date; and generally relating to the Port of Deposit State 6
24+Historical Park. 7
3925
40-BY repealing and reenacting, without amendments, 16
41- Article – Natural Resources 17
42-Section 5–1012(g)(1) 18
43- Annotated Code of Maryland 19
44- (2018 Replacement Volume and 2022 Supplement) 20
26+BY repealing and reenacting, without amendments, 8
27+ Article – Natural Resources 9
28+Section 5–1012(g)(1) 10
29+ Annotated Code of Maryland 11
30+ (2018 Replacement Volume and 2022 Supplement) 12
4531
46-BY repealing and reenacting, with amendments, 21
47- Article – Natural Resources 22
48-Section 5–1012(g)(2) 5–1012(g) 23 2 HOUSE BILL 1140
32+BY repealing and reenacting, with amendments, 13
33+ Article – Natural Resources 14
34+Section 5–1012(g)(2) 15
35+ Annotated Code of Maryland 16
36+ (2018 Replacement Volume and 2022 Supplement) 17
37+
38+BY repealing and reenacting, with amendments, 18
39+ Chapter 39 of the Acts of the General Assembly of 2022 19
40+ Section 5 20
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43+That the Laws of Maryland read as follows: 22
44+
45+Article – Natural Resources 23
46+
47+5–1012. 24
48+ 2 HOUSE BILL 1140
4949
5050
51- Annotated Code of Maryland 1
52- (2018 Replacement Volume and 2022 Supplement) 2
51+ (g) (1) (i) The Department shall establish the Port of Deposit State 1
52+Historical Park as a partnership park that seeks to educate the public about and preserve 2
53+and interpret the lives and experiences of Black Americans both before and after the 3
54+abolition of slavery. 4
5355
54-BY repealing and reenacting, with amendments, 3
55- Chapter 39 of the Acts of the General Assembly of 2022 4
56- Section 5 5
56+ (ii) Port of Deposit State Historical Park shall be held by the State 5
57+as a State park under the protection and administration of the Department. 6
5758
58- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59-That the Laws of Maryland read as follows: 7
59+ (2) Port of Deposit State Historical Park shall consist of a portion of the 7
60+Bainbridge Naval Training Center site, measuring [not less than 120 acres and] not more 8
61+than 150 acres, that the Bainbridge Development Corporation transfers to the Department, 9
62+including: 10
6063
61-Article – Natural Resources 8
64+ (i) [The historic Tome School; 11
6265
63-5–1012. 9
66+ (ii)] The Snow Hill archaeological site; and 12
6467
65- (g) (1) (i) The Department shall establish the Port of Deposit State 10
66-Historical Park as a partnership park that seeks to educate the public about and preserve 11
67-and interpret the lives and experiences of Black Americans both before and after the 12
68-abolition of slavery. 13
68+ [(iii)] (II) The adjacent wooded conservation area. 13
6969
70- (ii) Port of Deposit State Historical Park shall be held by the State 14
71-as a State park under the protection and administration of the Department. 15
70+Chapter 39 of the Acts of 2022 14
7271
73- (2) Port of Deposit State Historical Park shall consist of a portion of the 16
74-Bainbridge Naval Training Center site, measuring [not less than 120 acres and] not more 17
75-than 150 acres, that the Bainbridge Development Corporation transfers to the Department, 18
76-including: 19
72+ SECTION 5. AND BE IT FURTHER ENACTED, That, on or before June 1, [2023] 15
73+2024, the Bainbridge Development Corporation [shall] MAY transfer to the Department of 16
74+Natural Resources a portion of the Bainbridge Naval Training Center site consisting of [not 17
75+less than 120 acres and] not more than 150 acres, including: 18
7776
78- (i) [The historic Tome School; 20
77+ (1) [the historic Tome School; 19
7978
80- (ii)] The Snow Hill archaeological site; and 21
79+ (2)] the Snow Hill archaeological site; and 20
8180
82- [(iii)] (II) The adjacent wooded conservation area. 22
81+ [(3)] (2) the adjacent wooded conservation area. 21
8382
84- (3) (i) The Department shall establish a stakeholder advisory 23
85-committee to advise the Department on the scope and management of Port of Deposit State 24
86-Historical Park. 25
83+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 22
84+measure, is necessary for the immediate preservation of the public health or safety, has 23
85+been passed by a yea and nay vote supported by three–fifths of all the members elected to 24
86+each of the two Houses of the General Assembly, and shall take effect from the date it is 25
87+enacted. 26
8788
88- (ii) The stakeholder advisory committee shall consist of the following 26
89-members: 27
90-
91- 1. One member designated by the Mayor and Town Council 28
92-of Port Deposit; 29
93-
94- 2. Two members OF THE HOUSE OF DELEGATES AND ONE 30
95-MEMBER OF THE SENATE OF MARYLAND REPRESENTING CECIL COUNTY, designated 31
96-by the Cecil County Delegation of the General Assembly; 32 HOUSE BILL 1140 3
97-
98-
99-
100- 3. The County Executive of Cecil County, or the County 1
101-Executive’s designee; 2
102-
103- 4. The President of the Cecil County Council, or the 3
104-President’s designee; 4
105-
106- 5. The President of the Cecil County branch of the NAACP, 5
107-or the President’s designee; 6
108-
109- 6. The President of the Historical Society of Cecil County, or 7
110-the President’s designee; 8
111-
112- 7. The Director of the Cecil County Department of Parks and 9
113-Recreation; 10
114-
115- 8. THE CHAIR OF THE BAINBRIDGE DEVELOPMENT 11
116-CORPORATION , OR THE CHAIR’S DESIGNEE; 12
117-
118- 9. THE CHIEF ARCHAEOLOGIST OF THE MARYLAND 13
119-DEPARTMENT OF TRANSPORTATION , STATE HIGHWAY ADMINISTRATION , OR THE 14
120-CHIEF ARCHAEOLOGIST ’S DESIGNEE; AND 15
121-
122- [8.] 10. The following nonvoting ex officio members: 16
123-
124- A. The Secretary, or the Secretary’s designee; 17
125-
126- B. THE SECRETARY OF COMMERCE, OR THE 18
127-SECRETARY’S DESIGNEE; 19
128-
129- C. THE SECRETARY OF THE ENVIRONMENT , OR THE 20
130-SECRETARY’S DESIGNEE; 21
131-
132- D. THE SECRETARY OF PLANNING, OR THE 22
133-SECRETARY’S DESIGNEE; 23
134-
135- [B.] E. The Director of the Maryland Historical Trust, or 24
136-the Director’s designee; 25
137-
138- [C.] F. The President of the Lower Susquehanna Heritage 26
139-Greenway, or the President’s designee; 27
140-
141- [D.] G. The Superintendent of Cecil County Public Schools; 28
142-
143- [E.] H. The Executive Director of the Cecil County Public 29
144-Library; and 30 4 HOUSE BILL 1140
145-
146-
147-
148- [F.] I. The President of Cecil College[; and 1
149-
150- 9. Any other members as determined by the Department]. 2
151-
152- (iii) To the extent practicable, the stakeholder advisory committee 3
153-shall reflect the diversity of Cecil County. 4
154-
155- (4) On or before [January 1, 2023] SEPTEMBER 1, 2024, the Department 5
156-shall submit a report to the General Assembly, in accordance with § 2–1257 of the State 6
157-Government Article on: 7
158-
159- (i) Property that is suitable for inclusion in Port of Deposit State 8
160-Historical Park; [and] 9
161-
162- (ii) The funding needed to establish and promote Port of Deposit 10
163-State Historical Park; AND 11
164-
165- (III) THE APPROPRIATE MANNE R OF PRESERVING PROP ERTY 12
166-THAT IS NOT IDEN TIFIED FOR INCLUSION IN PORT OF DEPOSIT STATE HISTORICAL 13
167-PARK IN PERPETUITY FO R ITS ARCHAEOLOGICAL, HISTORICAL, AND CULTURAL 14
168-SIGNIFICANCE. 15
169-
170-Chapter 39 of the Acts of 2022 16
171-
172- SECTION 5. AND BE IT FURTHER ENACTED, That, on THAT: 17
173-
174- (A) ON or before June 1, [2023] 2024 2025, the Bainbridge Development 18
175-Corporation [shall] MAY transfer to the Department of Natural Resources a portion of the 19
176-Bainbridge Naval Training Center site consisting of [not less than 120 acres and] not more 20
177-than 150 acres, including: 21
178-
179- (1) [the historic Tome School; 22
180-
181- (2)] the Snow Hill archaeological site; and 23
182-
183- [(3)] (2) the adjacent wooded conservation area. 24
184-
185- (B) ANY PROPERTY TRANSFER RED TO THE DEPARTMENT OF NATURAL 25
186-RESOURCES UNDER THIS SECTION THAT IS NOT INCLUDED IN PORT OF DEPOSIT 26
187-STATE HISTORICAL PARK SHALL BE PRESERV ED IN PERPETUITY FOR ITS 27
188-ARCHAEOLOGICAL, HISTORICAL, AND CULTURAL SIGNIFI CANCE, IN ACCORDANCE 28
189-WITH THE RECOMMENDAT IONS OF THE STAKEHOL DER ADVISORY COMMITT EE 29
190-ESTABLISHED UNDER § 5–1012(G) OF THE NATURAL RESOURCES ARTICLE. 30
191- HOUSE BILL 1140 5
192-
193-
194- SECTION 2. AND BE IT FURTHER ENACTED, That for fiscal year 2025, the 1
195-Governor may include in the annual State budget an appropriation of at least $400,000 to 2
196-the Department of Natural Resources to conduct a Phase 1 Archaeological Survey and Soil 3
197-Study for the Tome School and Snow Hill sites. 4
198-
199- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 5
200-measure, is necessary for the immediate preservation of the public health or safety, has 6
201-been passed by a yea and nay vote supported by three–fifths of all the members elected to 7
202-each of the two Houses of the General Assembly, and shall take effect from the date it is 8
203-enacted. 9
204-
205-
206-
207-
208-
209-Approved:
210-________________________________________________________________________________
211- Governor.
212-________________________________________________________________________________
213- Speaker of the House of Delegates.
214-________________________________________________________________________________
215- President of the Senate.