Maryland 2023 Regular Session

Maryland House Bill HB1140 Latest Draft

Bill / Engrossed Version Filed 04/08/2023

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *hb1140*  
  
HOUSE BILL 1140 
M1 	EMERGENCY BILL 	3lr2358 
    	CF SB 517 
By: Delegates Reilly, Arentz, Ghrist, Griffith, and Jacobs 
Introduced and read first time: February 10, 2023 
Assigned to: Environment and Transportation 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 30, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Port of Deposit State Historical Park – Included Areas Planning 2 
 
FOR the purpose of altering the areas included in the Port of Deposit State Historical Park; 3 
authorizing, rather than requiring, the Bainbridge Development Corporation to 4 
transfer a certain portion of a certain site to the Department of Natural Resources 5 
on or before a certain date; composition of the stakeholder advisory committee to 6 
advise the Department of Natural Resources on the scope and management of Port 7 
of Deposit State Historical Park; requiring the Department to make a certain report 8 
to the General Assembly on or before a certain date; altering the deadline for the 9 
Bainbridge Development Corporation to transfer certain property to the 10 
Department; requiring the Department to preserve certain property in a certain 11 
manner; authorizing the Governor to include, for a certain fiscal year, a certain 12 
appropriation in the State budget to the Department for a certain archaeological 13 
survey and soil study; and generally relating to the Port of Deposit State Historical 14 
Park.  15 
 
BY repealing and reenacting, without amendments, 16 
 Article – Natural Resources 17 
Section 5–1012(g)(1) 18 
 Annotated Code of Maryland 19 
 (2018 Replacement Volume and 2022 Supplement) 20 
 
BY repealing and reenacting, with amendments, 21 
 Article – Natural Resources 22 
Section 5–1012(g)(2) 5–1012(g) 23  2 	HOUSE BILL 1140  
 
 
 Annotated Code of Maryland 1 
 (2018 Replacement Volume and 2022 Supplement) 2 
 
BY repealing and reenacting, with amendments, 3 
 Chapter 39 of the Acts of the General Assembly of 2022 4 
 Section 5 5 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 
That the Laws of Maryland read as follows: 7 
 
Article – Natural Resources 8 
 
5–1012. 9 
 
 (g) (1) (i) The Department shall establish the Port of Deposit State 10 
Historical Park as a partnership park that seeks to educate the public about and preserve 11 
and interpret the lives and experiences of Black Americans both before and after the 12 
abolition of slavery. 13 
 
 (ii) Port of Deposit State Historical Park shall be held by the State 14 
as a State park under the protection and administration of the Department. 15 
 
 (2) Port of Deposit State Historical Park shall consist of a portion of the 16 
Bainbridge Naval Training Center site, measuring [not less than 120 acres and] not more 17 
than 150 acres, that the Bainbridge Development Corporation transfers to the Department, 18 
including: 19 
 
 (i) [The historic Tome School; 20 
 
 (ii)] The Snow Hill archaeological site; and 21 
 
 [(iii)] (II) The adjacent wooded conservation area. 22 
 
 (3) (i) The Department shall establish a stakeholder advisory 23 
committee to advise the Department on the scope and management of Port of Deposit State 24 
Historical Park. 25 
 
 (ii) The stakeholder advisory committee shall consist of the following 26 
members: 27 
 
 1. One member designated by the Mayor and Town Council 28 
of Port Deposit; 29 
 
 2. Two members OF THE HOUSE OF DELEGATES AND ONE 30 
MEMBER OF THE SENATE OF MARYLAND REPRESENTING CECIL COUNTY, designated 31 
by the Cecil County Delegation of the General Assembly; 32   	HOUSE BILL 1140 	3 
 
 
 
 3. The County Executive of Cecil County, or the County 1 
Executive’s designee; 2 
 
 4. The President of the Cecil County Council, or the 3 
President’s designee; 4 
 
 5. The President of the Cecil County branch of the NAACP, 5 
or the President’s designee; 6 
 
 6. The President of the Historical Society of Cecil County, or 7 
the President’s designee; 8 
 
 7. The Director of the Cecil County Department of Parks and 9 
Recreation; 10 
 
 8. THE CHAIR OF THE BAINBRIDGE DEVELOPMENT 11 
CORPORATION , OR THE CHAIR’S DESIGNEE; 12 
 
 9. THE CHIEF ARCHAEOLOGIST OF THE MARYLAND 13 
DEPARTMENT OF TRANSPORTATION , STATE HIGHWAY ADMINISTRATION , OR THE 14 
CHIEF ARCHAEOLOGIST ’S DESIGNEE; AND 15 
 
 [8.] 10. The following nonvoting ex officio members: 16 
 
 A. The Secretary, or the Secretary’s designee; 17 
 
 B. THE SECRETARY OF COMMERCE, OR THE 18 
SECRETARY’S DESIGNEE; 19 
 
 C. THE SECRETARY OF THE ENVIRONMENT , OR THE 20 
SECRETARY’S DESIGNEE; 21 
 
 D. THE SECRETARY OF PLANNING, OR THE 22 
SECRETARY’S DESIGNEE;  23 
 
 [B.] E. The Director of the Maryland Historical Trust, or 24 
the Director’s designee; 25 
 
 [C.] F. The President of the Lower Susquehanna Heritage 26 
Greenway, or the President’s designee; 27 
 
 [D.] G. The Superintendent of Cecil County Public Schools; 28 
 
 [E.] H. The Executive Director of the Cecil County Public 29 
Library; and 30  4 	HOUSE BILL 1140  
 
 
 
 [F.] I.  The President of Cecil College[; and 1 
 
 9. Any other members as determined by the Department]. 2 
 
 (iii) To the extent practicable, the stakeholder advisory committee 3 
shall reflect the diversity of Cecil County. 4 
 
 (4) On or before [January 1, 2023] SEPTEMBER 1, 2024, the Department 5 
shall submit a report to the General Assembly, in accordance with § 2–1257 of the State 6 
Government Article on: 7 
 
 (i) Property that is suitable for inclusion in Port of Deposit State 8 
Historical Park; [and] 9 
 
 (ii) The funding needed to establish and promote Port of Deposit 10 
State Historical Park; AND 11 
 
 (III) THE APPROPRIATE MANNE R OF PRESERVING PROP ERTY 12 
THAT IS NOT IDEN TIFIED FOR INCLUSION IN PORT OF DEPOSIT STATE HISTORICAL 13 
PARK IN PERPETUITY FO R ITS ARCHAEOLOGICAL, HISTORICAL, AND CULTURAL 14 
SIGNIFICANCE.  15 
 
Chapter 39 of the Acts of 2022 16 
 
 SECTION 5. AND BE IT FURTHER ENACTED, That, on THAT: 17 
 
 (A) ON or before June 1, [2023] 2024 2025, the Bainbridge Development 18 
Corporation [shall] MAY transfer to the Department of Natural Resources a portion of the 19 
Bainbridge Naval Training Center site consisting of [not less than 120 acres and] not more 20 
than 150 acres, including:  21 
 
 (1) [the historic Tome School;  22 
 
 (2)] the Snow Hill archaeological site; and  23 
 
 [(3)] (2) the adjacent wooded conservation area. 24 
 
 (B) ANY PROPERTY TRANSFER RED TO THE DEPARTMENT OF NATURAL 25 
RESOURCES UNDER THIS SECTION THAT IS NOT INCLUDED IN PORT OF DEPOSIT 26 
STATE HISTORICAL PARK SHALL BE PRESERV ED IN PERPETUITY FOR ITS 27 
ARCHAEOLOGICAL, HISTORICAL, AND CULTURAL SIGNIFI CANCE, IN ACCORDANCE 28 
WITH THE RECOMMENDAT IONS OF THE STAKEHOL DER ADVISORY COMMITT EE 29 
ESTABLISHED UNDER § 5–1012(G) OF THE NATURAL RESOURCES ARTICLE. 30 
   	HOUSE BILL 1140 	5 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That for fiscal year 2025, the 1 
Governor may include in the annual State budget an appropriation of at least $400,000 to 2 
the Department of Natural Resources to conduct a Phase 1 Archaeological Survey and Soil 3 
Study for the Tome School and Snow Hill sites.  4 
 
 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 5 
measure, is necessary for the immediate preservation of the public health or safety, has 6 
been passed by a yea and nay vote supported by three–fifths of all the members elected to 7 
each of the two Houses of the General Assembly, and shall take effect from the date it is 8 
enacted. 9 
 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.