EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1070*
SENATE BILL 1070
L6, I1, P1 4lr1549
CF 4lr1550
By: Senator McKay
Introduced and read first time: February 2, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Financial Institutions – Heritage Areas – Canal Place 2
FOR the purpose of altering the Canal Place Preservation and Development Authority to 3
be the Passages of the Western Potomac Heritage Area Authority; altering and 4
repealing certain duties and powers of the Authority; establishing the Canal Place 5
Preservation and Development Board to manage the Canal Place Properties; 6
requiring the Board, to the extent practicable, to enter into certain memoranda of 7
understanding to delegate the management of certain Canal Place Properties and 8
other projects; establishing the Canal Place Preservation and Development Board 9
Financing Fund as a special, nonlapsing fund; altering the employees of the 10
Authority who are eligible to participate in the Employees’ Pension System; and 11
generally relating to heritage areas in the State. 12
BY repealing and reenacting, with amendments, 13
Article – Financial Institutions 14
Section 13–1001 to be under the amended subtitle “Subtitle 10. Passages of the 15
Western Potomac Heritage Area Authority”; 13–1004, 13–1008, and 16
13–1017(a) to be under the amended part “Part II. Passages of the Western 17
Potomac Heritage Area Authority”; and 13–1031 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
BY repealing 21
Article – Financial Institutions 22
Section 13–1008.1 and 13–1009 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – Financial Institutions 27 2 SENATE BILL 1070
Section 13–1201 through 13–1208 to be under the new subtitle “Subtitle 12. Canal 1
Place Preservation and Development Board” 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – General Provisions 6
Section 3–307(a)(2) and 5–103(b)(4) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2023 Supplement) 9
BY repealing and reenacting, without amendments, 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(i) 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – State Finance and Procurement 16
Section 6–226(a)(2)(ii)189. and 190. 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY adding to 20
Article – State Finance and Procurement 21
Section 6–226(a)(2)(ii)191. 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Personnel and Pensions 26
Section 31–102(2)(v) and 31–105 27
Annotated Code of Maryland 28
(2015 Replacement Volume and 2023 Supplement) 29
BY repealing and reenacting, with amendments, 30
Article – Tax – Property 31
Section 7–211(b)(1) 32
Annotated Code of Maryland 33
(2019 Replacement Volume and 2023 Supplement) 34
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That the Laws of Maryland read as follows: 36
Article – Financial Institutions 37
SENATE BILL 1070 3
Subtitle 10. [Canal Place Preservation and Development] PASSAGES OF THE WESTERN 1
POTOMAC HERITAGE AREA Authority. 2
13–1001. 3
(a) In this subtitle the following words have the meanings indicated. 4
(b) “Authority” means the [Canal Place Preservation and Development ] 5
PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA Authority. 6
(c) “Bonds” means taxable or tax–exempt bonds, including refunding bonds, bond 7
anticipation notes, notes in the nature of commercial paper, certificates, or any other 8
evidence of obligation issued by the Authority. 9
(d) “CANAL PLACE PROPERTIES” HAS THE MEANING STATED IN § 13–1201 10
OF THIS TITLE. 11
(E) “Fund” means the [Canal Place Preservation and Development] PASSAGES 12
OF THE WESTERN POTOMAC HERITAGE AREA Authority Financing Fund established 13
under § 13–1017 of this subtitle. 14
[(e)] (F) (1) “Heritage Area” means the Canal Place Heritage Area, initially 15
known as the Canal Place Historic Preservation District, the boundaries of which are 16
described: 17
[(1)] (I) In the addendum of January 1993, entitled “The Canal Place 18
Historic Preservation District”, to the report of May 1992 of the Maryland State Highway 19
Administration entitled “The Canal Parkway Development – Station Square Project”; and 20
[(2)] (II) In any revisions that are: 21
[(i)] 1. Made by the Authority under [§ 13–1008(8) or (10)] § 22
13–1008(7) OR (8) of this subtitle; and 23
[(ii)] 2. Approved by the Maryland Heritage Areas Authority in 24
accordance with § 13–1111 of this title. 25
(2) “HERITAGE AREA” DOES NOT INCLUDE THE CANAL PLACE 26
PROPERTIES. 27
[(f)] (G) “Local jurisdiction” means: 28
(1) Any of the 23 counties of the State; 29
(2) The City of Baltimore; or 30
4 SENATE BILL 1070
(3) Any municipal corporation subject to the provisions of Article XI–E of 1
the Maryland Constitution. 2
[(g)] (H) “Maryland Heritage Areas Authority” means the Maryland Heritage 3
Areas Authority created under Subtitle 11 of this title. 4
[(h)] (I) (1) “Park corridor” means the land area within the Heritage Area 5
the boundaries of which are described: 6
[(1)] (I) In the report of May 1992 of the Maryland State Highway 7
Administration entitled “The Canal Parkway Development – Station Square Project”; and 8
[(2)] (II) In any revision that the Authority makes under [§ 13–1008(8)] § 9
13–1008(7) of this subtitle to the report of May 1992 of the Maryland State Highway 10
Administration entitled “The Canal Parkway Development – Station Square Project”. 11
(2) “PARK CORRIDOR ” DOES NOT INCLUDE THE CANAL PLACE 12
PROPERTIES. 13
Part II. [Canal Place Preservation and Development] PASSAGES OF THE WESTERN 14
POTOMAC HERITAGE AREA Authority. 15
13–1004. 16
(a) There is a body corporate and politic known as the [Canal Place Preservation 17
and Development] PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA 18
Authority. 19
(b) The Authority is an instrumentality of the State and a public corporation by 20
that name, style, and title. 21
(c) The Authority is an independent unit in the Executive Branch of the State 22
government. 23
(d) The exercise by the Authority of the powers conferred by this subtitle is the 24
performance of an essential public function. 25
13–1008. 26
In addition to the powers set forth elsewhere in this subtitle, the Authority may: 27
(1) Adopt and alter an official seal; 28
(2) Sue and be sued, plead, and be impleaded; 29
(3) Adopt bylaws to regulate its affairs and the conduct of its business; 30 SENATE BILL 1070 5
(4) In accordance with Title 10, Subtitle 1 of the State Government Article, 1
adopt regulations to carry out the provisions of this subtitle; 2
(5) Maintain an office at a place that the Authority designates; 3
(6) [Employ, either as regular employees or as independent contractors, 4
and fix the compensation of, accountants, architects, attorneys, construction experts and 5
personnel, consultants, engineers, financial experts, managers, superintendents, and other 6
professional personnel, personnel, and agents; 7
(7)] Appoint advisory committees composed of local officials, 8
representatives of the business community, and such other interests as may be appropriate; 9
[(8)] (7) Subject to the requirements of this subtitle, adopt and implement 10
a management plan for the Heritage Area; 11
[(9) Determine the locations of, develop, establish, construct, erect, acquire, 12
own, repair, remodel, add to, extend, improve, equip, rewater, operate, regulate, and 13
maintain, and contribute to the maintenance and operating costs of land, water, buildings, 14
and structures to accomplish the purposes of the Authority; 15
(10)] (8) By publishing a revised drawing or other boundary description 16
in the Maryland Register, revise the boundaries of the Heritage Area or the park corridor 17
with the consent of: 18
(i) The governing body of each local jurisdiction which in whole or 19
in part is to be added to or deleted from the Heritage Area; and 20
(ii) The Maryland Heritage Areas Authority; 21
[(11) Subject to § 13–1009 of this subtitle, acquire, hold, lease, use, 22
encumber, transfer, or dispose of real and personal property; 23
(12)] (9) Provide or contract to provide tourism marketing and 24
promotional services for the Canal Place Heritage Area, and provide financial assistance 25
for tourism marketing and promotion in Allegany County and its municipal jurisdictions, 26
if the expenditures by the Authority for those purposes are matched equally with nonstate 27
funds; 28
[(13)] (10) Enter into contracts of any kind and execute all instruments 29
necessary or convenient to carry out its powers under this subtitle; 30
[(14)] (11) Make and participate in making loans or grants, or otherwise 31
provide financial assistance for any project that serves to preserve, develop, maintain, or 32
protect the Heritage Area; 33 6 SENATE BILL 1070
[(15)] (12) Through covenants, regulations, agreements, or otherwise, 1
establish restrictions, standards, and requirements necessary to assure preservation, 2
development, maintenance, and protection of the Heritage Area in accordance with a 3
management plan that the Authority adopts; 4
[(16) Fix and revise from time to time and charge and collect rates, rents, 5
fees, or other charges for the use of, or for services rendered in connection with, buildings, 6
structures, land, and water to accomplish the purposes of the Authority; 7
(17) (i) Borrow money from any source for any corporate purpose, 8
including working capital for its operations, reserve funds, or interest; 9
(ii) Mortgage, pledge, or otherwise encumber the property and funds 10
of the Authority; and 11
(iii) Contract with or engage the services of any person for any 12
financing, including underwriters, placement agents, financial institutions, issuers of 13
letters of credit, or insurers; 14
(18)] (13) Subject to Part III of this subtitle, issue bonds; 15
[(19)] (14) Receive and accept from any public or private source 16
contributions, gifts, or grants of money or property; 17
[(20)] (15) Exercise all the corporate powers granted Maryland corporations 18
under the Maryland General Corporation Law; and 19
[(21)] (16) Do all things necessary or convenient to carry out the powers 20
granted by this subtitle. 21
[13–1008.1. 22
(a) The Authority may adopt and enforce regulations for the parking of motor 23
vehicles in and on any facilities or property the Authority owns or controls. 24
(b) The regulations shall: 25
(1) Be reasonably necessary for the efficient operation of facilities or 26
property owned or controlled by the Authority; 27
(2) Provide for a uniform system for accessible parking for individuals with 28
disabilities, to enhance the safety of individuals with disabilities in conformity with the 29
federal Uniform System for Parking for Persons with Disabilities and the federal 30
Americans with Disabilities Act accessibility guidelines for buildings and facilities; and 31
SENATE BILL 1070 7
(3) Include procedures for the voluntary payment of fines directly to the 1
Authority in uncontested parking cases. 2
(c) The Maryland State Police or the Police Department of the City of 3
Cumberland may issue citations for violations of the regulations adopted under this section. 4
(d) The issuance of citations under this section shall comply with the 5
requirements of Title 26, Subtitle 3 of the Transportation Article. 6
(e) (1) A person who violates a parking regulation under this section is subject 7
to a fine established by the Authority in accordance with paragraph (2) of this subsection. 8
(2) The Authority shall adopt regulations to establish fines that are equal 9
to the fines that the City of Cumberland, by ordinance, may impose for similar parking 10
violations. 11
(f) All regulations adopted under this section shall be posted conspicuously in a 12
public place on facilities or property owned or controlled by the Authority. 13
(g) The Executive Director of the Authority may designate employees of the 14
Authority or security personnel under contract with the Authority to issue citations, to the 15
extent authorized by the Executive Director of the Authority, for violations of motor vehicle 16
parking regulations adopted under this section. 17
(h) The Executive Director of the Authority, in consultation with the chief police 18
officer of the Maryland State Police and the Maryland Police Training and Standards 19
Commission, shall adopt regulations establishing: 20
(1) Qualifications for individuals appointed under subsection (g) of this 21
section, which may include prerequisites of character, training, experience, and education; 22
and 23
(2) Standards for the performance of the duties assigned to individuals 24
appointed under subsection (g) of this section.] 25
[13–1009. 26
(a) This section does not affect the right of the Authority to acquire an option or 27
institute any condemnation proceeding for later acquisition of property once the approval 28
required by this section occurs. 29
(b) (1) Subject to annual appropriations and this subtitle, the Authority may 30
acquire in its own name, by gift, purchase, or condemnation, any real or personal property, 31
or interests in property, necessary or convenient to carry out its responsibilities under this 32
subtitle. 33
8 SENATE BILL 1070
(2) When acquiring in its own name any real or personal property, or 1
interests in property as specified in paragraph (1) of this subsection, the Authority shall 2
first attempt to acquire the property through negotiation and purchase. 3
(3) If it is not able to acquire property through negotiation and purchase, 4
the Authority may exercise the powers of condemnation for private property, as provided 5
in subsection (c) of this section. 6
(c) Subject to subsection (b) of this section, prior approval of the Board of Public 7
Works, and review by the Legislative Policy Committee, the Authority may exercise the 8
power of ordinary condemnation for any private property for any purpose of the Authority: 9
(1) In accordance with Title 12 of the Real Property Article; and 10
(2) In the park corridor only. 11
(d) (1) Subject to the prior approval of the Board of Public Works: 12
(i) The State, its agencies, and any local jurisdiction within the 13
Heritage Area may lease, lend, grant, or otherwise convey to the Authority, at its request, 14
any property or interest therein, including property devoted to public use, that is necessary 15
or convenient for the purposes of this subtitle; or 16
(ii) The State may lease or sublease any property or interest therein 17
from or to the Authority, whether or not any building or structure is constructed or usable 18
thereon. 19
(2) Lease payments appropriated by the State to the Authority shall be 20
transferred to the Fund. 21
(e) For any acquisition of real or personal property or interest in property in the 22
City of Cumberland or in Allegany County, other than in the park corridor, the Authority 23
shall comply with any applicable local planning, zoning, and development regulations to 24
the same extent as a private commercial or industrial enterprise.] 25
13–1017. 26
(a) There is a [Canal Place Preservation and Development] PASSAGES OF THE 27
WESTERN POTOMAC HERITAGE AREA Authority Financing Fund. 28
13–1031. 29
This subtitle may be cited as the [Canal Place Preservation and Development] 30
PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA Authority Act. 31
SUBTITLE 12. CANAL PLACE PRESERVATION AND DEVELOPMENT BOARD. 32 SENATE BILL 1070 9
13–1201. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “BOARD” MEANS THE CANAL PLACE PRESERVATION AND 4
DEVELOPMENT BOARD. 5
(C) “CANAL PLACE PROPERTIES” MEANS THE PROPERTIES AND 6
IMPROVEMENTS IDENTIF IED IN THE REPORT OF THE DEPARTMENT OF PLANNING 7
AND THE DEPARTMENT OF GENERAL SERVICES, DATED JANUARY 6, 2015, AND 8
ENTITLED “REPORT ON POTENTIAL ALTERNATIVES FOR OWNERSHIP AND 9
MANAGEMENT OF CANAL PLACE”. 10
(D) “FUND” MEANS THE CANAL PLACE PRESERVATION AND 11
DEVELOPMENT BOARD FINANCING FUND ESTABLISHED UNDE R § 13–1208 OF THIS 12
SUBTITLE. 13
13–1202. 14
(A) THERE IS A CANAL PLACE PRESERVATION AND DEVELOPMENT BOARD. 15
(B) THE BOARD IS AN INSTRUMEN TALITY OF THE STATE AND A PUBLIC 16
CORPORATION BY THAT NAME, STYLE, AND TITLE. 17
(C) THE BOARD IS AN INDEPENDE NT UNIT IN THE EXECUTIVE BRANCH OF 18
THE STATE GOVERNMENT . 19
(D) THE EXERCISE BY THE BOARD OF THE POWERS C ONFERRED BY THIS 20
SUBTITLE IS THE PERF ORMANCE OF AN ESSENTIAL PUBL IC FUNCTION. 21
13–1203. 22
(A) THE BOARD CONSISTS OF : 23
(1) THE PRESIDENT OF THE ALLEGANY COUNTY COMMISSIONERS , 24
OR THE PRESIDENT’S DESIGNEE; 25
(2) THE MAYOR OF THE CITY OF CUMBERLAND , OR THE MAYOR’S 26
DESIGNEE; AND 27
10 SENATE BILL 1070
(3) ONE MEMBER APPOINTED BY THE ALLEGANY COUNTY 1
DELEGATION TO THE MARYLAND GENERAL ASSEMBLY. 2
(B) THE BOARD SHALL SELECT A CHAIR FROM AMONG ITS MEMBERS. 3
(C) THE TERM OF THE MEMBE R APPOINTED BY THE ALLEGANY COUNTY 4
DELEGATION IS 4 YEARS. 5
(D) A MEMBER OF THE BOARD: 6
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE BOARD; 7
BUT 8
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 9
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 10
13–1204. 11
IN ADDITION TO THE PO WERS SET FORTH ELSEW HERE IN THIS SUBTITLE, THE 12
BOARD MAY: 13
(1) ADOPT AND ALTER AN OF FICIAL SEAL; 14
(2) SUE AND BE SUED , PLEAD, AND BE IMPLEADED ; 15
(3) ADOPT BYLAWS TO REGUL ATE ITS AFFAIRS AND THE CONDUCT OF 16
ITS BUSINESS; 17
(4) IN ACCORDANCE WITH TITLE 10, SUBTITLE 1 OF THE STATE 18
GOVERNMENT ARTICLE, ADOPT REGULATIONS TO CARRY OUT THE PROVIS IONS OF 19
THIS SUBTITLE; 20
(5) MAINTAIN AN OFFICE AT A PLACE THAT THE BOARD DESIGNATES; 21
(6) EMPLOY, EITHER AS REGULAR EM PLOYEES OR AS INDEPE NDENT 22
CONTRACTORS , AND FIX THE COMPENSA TION OF: 23
(I) ACCOUNTANTS ; 24
(II) ARCHITECTS; 25
(III) ATTORNEYS; 26
SENATE BILL 1070 11
(IV) CONSTRUCTION EXPERTS AND PERSONNEL ; 1
(V) CONSULTANTS ; 2
(VI) ENGINEERS; 3
(VII) FINANCIAL EXPERTS ; 4
(VIII) MANAGERS; 5
(IX) SUPERINTENDENTS ; AND 6
(X) OTHER PROFESSIONAL PERSONNEL , PERSONNEL , AND 7
AGENTS; 8
(7) APPOINT ADVISORY COMM ITTEES COMPOSED OF L OCAL 9
OFFICIALS, REPRESENTATIVES OF T HE BUSINESS COMMUNIT Y, AND SUCH OTHER 10
INTERESTS AS MAY BE APPROPRIATE ; 11
(8) DETERMINE THE LOCATIO NS OF, DEVELOP, ESTABLISH, 12
CONSTRUCT , ERECT, ACQUIRE, OWN, REPAIR, REMODEL, ADD TO, EXTEND, 13
IMPROVE, EQUIP, REWATER, OPERATE, REGULATE, AND MAINTAIN AND 14
CONTRIBUTE TO THE MA INTENANCE AND OPERAT ING COSTS OF LAND , WATER, 15
BUILDINGS, AND STRUCTURES TO AC COMPLISH THE PURPOSE S OF THE BOARD; 16
(9) SUBJECT TO § 13–1206 OF THIS SUBTITLE , ACQUIRE, HOLD, 17
LEASE, USE, ENCUMBER , TRANSFER, OR DISPOSE OF REAL A ND PERSONAL 18
PROPERTY; 19
(10) PROVIDE OR CONTRACT T O PROVIDE TOURISM MA RKETING AND 20
PROMOTIONAL SERVICES FOR THE CANAL PLACE PROPERTIES, AND PROVIDE 21
FINANCIAL ASSISTANCE FOR TOURISM MARKETING AN D PROMOTION IN ALLEGANY 22
COUNTY AND ITS MUNICI PAL JURISDICTIONS , IF THE EXPENDITURES BY THE BOARD 23
FOR THOSE PURPOSES A RE MATCHED EQUALLY W ITH NON–STATE FUNDS; 24
(11) ENTER INTO CONTRACTS OF ANY KIND AND EXEC UTE ALL 25
INSTRUMENTS NECESSAR Y OR CONVENIENT TO C ARRY OUT ITS POWERS UNDER THIS 26
SUBTITLE; 27
(12) MAKE AND PARTICIPATE IN MAKING LOANS OR G RANTS OR 28
OTHERWISE PROVIDE FI NANCIAL ASSISTANCE F OR ANY PROJECT THAT SERVES TO 29
PRESERVE, DEVELOP, MAINTAIN, OR PROTECT THE CANAL PLACE PROPERTIES; 30
12 SENATE BILL 1070
(13) FIX AND REVISE FROM T IME TO TIME AND CHAR GE AND COLLECT 1
RATES, RENTS, FEES, OR OTHER CHARGES FOR THE USE OF, OR FOR SERVICES 2
RENDERED IN CONNECTI ON WITH, BUILDINGS, STRUCTURES , LAND, AND WATER TO 3
ACCOMPLISH THE PURPO SES OF THE BOARD; 4
(14) (I) BORROW MONEY FROM ANY SOURCE FOR ANY CORPO RATE 5
PURPOSE, INCLUDING WORKING CA PITAL FOR ITS OPERAT IONS, RESERVE FUNDS , 6
OR INTEREST; 7
(II) MORTGAGE, PLEDGE, OR OTHERWISE ENCUMBE R THE 8
PROPERTY AND FUNDS O F THE BOARD; AND 9
(III) CONTRACT WITH OR ENGA GE THE SERVICES OF A NY 10
PERSON FOR ANY FINAN CING, INCLUDING UNDERWRITE RS, PLACEMENT AGENTS , 11
FINANCIAL INSTITUTIO NS, ISSUERS OF LETTERS O F CREDIT, OR INSURERS; 12
(15) RECEIVE AND ACCEPT FR OM ANY PUBLIC OR PRI VATE SOURCE 13
CONTRIBUTIONS , GIFTS, OR GRANTS OF MONEY O R PROPERTY; 14
(16) EXERCISE ALL THE CORP ORATE POWERS GRANTED MARYLAND 15
CORPORATIONS UNDER T HE MARYLAND GENERAL CORPORATION LAW; AND 16
(17) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 17
POWERS GRANTED BY TH IS SUBTITLE. 18
13–1205. 19
(A) THE BOARD MAY ADOPT AND E NFORCE REGULATIONS F OR THE 20
PARKING OF MOTOR VEH ICLES IN AND ON ANY FACILITIES OR PROPER TY THE 21
BOARD OWNS OR CONTROL S. 22
(B) THE REGULATIONS SHALL : 23
(1) BE REASONABLY NECESSA RY FOR THE EFFICIENT OPERATION OF 24
FACILITIES OR PROPERTY OWNED OR CONTROLLED BY THE BOARD; 25
(2) PROVIDE FOR A UNIFORM SYSTEM FOR ACCESSIBL E PARKING FOR 26
INDIVIDUALS WITH DIS ABILITIES, TO ENHANCE THE SAFET Y OF INDIVIDUALS WIT H 27
DISABILITIES IN CONF ORMITY WITH THE FEDE RAL UNIFORM SYSTEM FOR PARKING 28
FOR PERSONS WITH DISABILITIES AND THE FEDERAL AMERICANS WITH 29
DISABILITIES ACT ACCESSIBILITY GUI DELINES FOR BUILDING S AND FACILITIES ; 30
AND 31
SENATE BILL 1070 13
(3) INCLUDE PROCEDURES FO R THE VOLUNTARY PAYM ENT OF FINES 1
DIRECTLY TO THE AUTHORITY IN UNCONTES TED PARKING CASES . 2
(C) THE MARYLAND STATE POLICE OR THE POLICE DEPARTMENT OF THE 3
CITY OF CUMBERLAND MAY ISSUE CITATIONS FOR VIOLAT IONS OF THE 4
REGULATIONS ADOPTED UNDER THIS SECTION . 5
(D) THE ISSUANCE OF CITAT IONS UNDER THIS SECT ION SHALL COMPLY 6
WITH THE REQUIREMENT S OF TITLE 26, SUBTITLE 3 OF THE TRANSPORTATION 7
ARTICLE. 8
(E) (1) A PERSON WHO VIOLATES A PARKING REGULATION UNDER THIS 9
SECTION IS SUBJECT T O A FINE ESTABLISHED BY THE BOARD IN ACCORDANCE W ITH 10
PARAGRAPH (2) OF THIS SUBSECTION . 11
(2) THE BOARD SHALL ADOPT REG ULATIONS TO ESTABLISH FIN ES 12
THAT ARE EQUAL TO TH E FINES THAT THE CITY OF CUMBERLAND , BY ORDINANCE , 13
MAY IMPOSE FOR SIMIL AR PARKING VIOLATION S. 14
(F) ALL REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL BE POSTED 15
CONSPICUOUSLY IN A P UBLIC PLACE ON FACIL ITIES OR PROPE RTY OWNED OR 16
CONTROLLED BY THE BOARD. 17
(G) THE BOARD MAY DESIGNATE E MPLOYEES OF THE BOARD OR SECURITY 18
PERSONNEL UNDER CONT RACT WITH THE BOARD TO ISSUE CITATI ONS, TO THE 19
EXTENT AUTHORIZED BY THE BOARD, FOR VIOLATIONS OF MO TOR VEHICLE 20
PARKING REGULATIONS ADOPTED UNDER THIS SEC TION. 21
(H) THE BOARD, IN CONSULTATION WITH THE CHIEF POLICE OFF ICER OF 22
THE MARYLAND STATE POLICE AND THE MARYLAND POLICE TRAINING AND 23
STANDARDS COMMISSION, SHALL ADOPT REGULATI ONS ESTABLISHING : 24
(1) QUALIFICATIONS FOR IN DIVIDUALS APP OINTED UNDER 25
SUBSECTION (G) OF THIS SECTION , WHICH MAY INCLUDE PR EREQUISITES OF 26
CHARACTER , TRAINING, EXPERIENCE, AND EDUCATION ; AND 27
(2) STANDARDS FOR THE PER FORMANCE OF THE DUTI ES ASSIGNED 28
TO INDIVIDUALS APPOI NTED UNDER SUBSECTIO N (G) OF THIS SECTION. 29
13–1206. 30
(A) (1) SUBJECT TO ANNUAL APP ROPRIATIONS AND THIS SUBTITLE, THE 31
BOARD MAY ACQUIRE IN ITS OWN NAME, BY GIFT, PURCHASE, OR CONDEMNATION , 32 14 SENATE BILL 1070
ANY REAL OR PERSONAL PROPERTY, OR INTERESTS IN PROP ERTY, NECESSARY OR 1
CONVENIENT TO CARRY OUT ITS RESPONSIBILI TIES UNDER THIS SUBT ITLE. 2
(2) WHEN ACQUIRING IN ITS OWN NAME ANY REAL OR PERSONAL 3
PROPERTY OR INTEREST S IN PROPERTY AS SPE CIFIED IN PARAGRAPH (1) OF THIS 4
SUBSECTION, THE BOARD SHALL FIRST ATT EMPT TO ACQUIRE THE PROPERTY 5
THROUGH NEGOTIATION AND PURCHASE . 6
(B) FOR ANY ACQUISITION O F REAL OR PERSONAL P ROPERTY OR INTEREST 7
IN PROPERTY IN THE CITY OF CUMBERLAND OR IN ALLEGANY COUNTY, THE BOARD 8
SHALL COMPLY WITH AN Y APPLICABLE LOCAL P LANNING, ZONING, AND 9
DEVELOPMENT REGULATI ONS TO THE SAME EXTE NT AS A PRIVATE COMMERCIAL OR 10
INDUSTRIAL ENTERPRIS E. 11
13–1207. 12
THE BOARD SHALL: 13
(1) ADMINISTER THE CANAL PLACE PROPERTIES IN ACCORDA NCE 14
WITH THIS SUBTITLE ; 15
(2) PRESERVE OR ASSIST IN THE PRESERVATION OF BUILDINGS, 16
STRUCTURES , AND SETTINGS OF HIST ORIC VALUE IN THE CANAL PLACE 17
PROPERTIES; 18
(3) CONDUCT ACTIVITIES TO EDUCATE THE PUBLIC A BOUT THE 19
HISTORY AND SIGNIFIC ANCE OF THE CANAL PLACE PROPERTIES; 20
(4) PROVIDE FOR RECREATIO NAL USES OF THE CANAL PLACE 21
PROPERTIES FOR BOTH A CTIVE AND PASSIVE PU RSUITS; 22
(5) FACILITATE ECONOMIC DEVELO PMENT IN THE CANAL PLACE 23
PROPERTIES THROUGH PU BLIC AND PRIVATE INV ESTMENT IN ADAPTIVE REUSE, 24
INTERPRETATIVE ATTRA CTIONS, OR OTHER ACTIVITIES ; 25
(6) TO THE EXTENT PRACTIC ABLE, CONSULT AND COORDINA TE ITS 26
ACTIVITIES WITH THE STATES OF WEST VIRGINIA AND PENNSYLVANIA AND 27
APPROPRIATE REGIONAL ENTITIES; 28
(7) KEEP RECORDS CONSISTE NT WITH SOUND BUSINE SS PRACTICES 29
AND ACCOUNTING RECOR DS CONSISTENT WITH G ENERALLY ACCEPTED 30
ACCOUNTING PRINCIPLE S; 31
SENATE BILL 1070 15
(8) CAUSE AN AUDIT BY AN INDEPENDENT LICENSED CERTIFIED 1
PUBLIC ACCOUNTANT TO BE MADE OF THE ACCOU NTS AND TRANSACTIONS OF THE 2
BOARD AT THE CONCLUSI ON OF EACH FISCAL YE AR; 3
(9) BE SUBJECT TO AUDIT A ND EXAMINATION AT AN Y REASONABLE 4
TIME BY THE OFFICE OF LEGISLATIVE AUDITS OF THE DEPARTMENT OF 5
LEGISLATIVE SERVICES CONCERNING T HE ACCOUNTS AND TRAN SACTIONS OF THE 6
BOARD; 7
(10) FOR INCLUSION FOR INF ORMATIONAL PURPOSES IN THE STATE 8
BUDGET BOOK , SUBMIT ANNUALLY TO T HE DEPARTMENT OF BUDGET AND 9
MANAGEMENT A BUDGET R EFLECTING THE OPERAT ING AND CAPITAL PROG RAM OF 10
THE BOARD; AND 11
(11) TO THE EXTENT PRACTIC ABLE, ENTER INTO MEMORANDA OF 12
UNDERSTANDING WITH OTHER ENTITIES TO DELEGATE THE MANAGEMENT OF : 13
(I) THE CONSTITUENT PROPE RTIES OF THE CANAL PLACE 14
PROPERTIES AS FOLLOWS : 15
1. THE “WESTERN MARYLAND RAILWAY STATION” AND 16
THREE “PARKING LOTS” TO BE MANAGED BY THE DEPARTMENT OF GENERAL 17
SERVICES; 18
2. “THE SHOPS AT CANAL PLACE” TO BE MANAGED BY 19
THE CUMBERLAND ECONOMIC DEVELOPMENT CORPORATION ; 20
3. “THE FESTIVAL GROUNDS” TO BE MANAGED BY THE 21
CITY OF CUMBERLA ND; AND 22
4. THE GROUND RENTS FROM THE “FOOTER DYE 23
WORKS BUILDING” AND THE “FAIRFIELD INN LAND” TO BE COLLECTED BY T HE 24
DEPARTMENT OF GENERAL SERVICES; AND 25
(II) THE RIVER PARK PROJECT (D90U00.02) TO BE MANAGED 26
BY THE ALLEGANY COUNTY COMMISSIONERS . 27
13–1208. 28
(A) THERE IS A CANAL PLACE PRESERVATION AND DEVELOPMENT BOARD 29
FINANCING FUND. 30
16 SENATE BILL 1070
(B) (1) THE BOARD SHALL ADMINISTER THE FUND TO CARRY OUT THE 1
PURPOSES OF THIS SUB TITLE. 2
(2) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 3
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 4
(II) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO 5
ANY OTHER SPECIAL FU ND OF THE STATE. 6
(C) THE BOARD SHALL PLACE ALL OF THE FOLLOWING REC EIPTS IN THE 7
FUND: 8
(1) REVENUES THAT THE BOARD COLLECTS OR RECEIVES FROM ANY 9
SOURCE UNDER THIS SU BTITLE; AND 10
(2) ANY ADDITIONAL REVENU E, GIFT, DONATION, OR MONEY 11
RECEIVED OR PAID TO IT FROM ANY OTHER SO URCE AUTHORIZED BY L AW. 12
(D) THE BOARD SHALL PAY ALL E XPENSES AND MAKE ALL EXPENDITURES 13
FROM THE FUND. 14
(E) THE STATE TREASURER SHALL : 15
(1) INVEST AND REINVEST T HE FUND IN THE SAME MANN ER AS STATE 16
FUNDS; AND 17
(2) TRANSFER ANY INVESTME NT EARNINGS TO THE C REDIT OF THE 18
FUND. 19
(F) THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
Article – General Provisions 21
3–307. 22
(a) This section applies only to the following public bodies: 23
(2) the [Canal Place Preservation and Development] PASSAGES OF THE 24
WESTERN POTOMAC HERITAGE AREA Authority; 25
5–103. 26
(b) Except as provided in subsection (f) of this section, the following individuals 27
in executive units are public officials: 28 SENATE BILL 1070 17
(4) a member, appointee, or employee of the [Canal Place Preservation and 1
Development] PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA Authority; 2
Article – State Finance and Procurement 3
6–226. 4
(a) (2) (i) Notwithstanding any other provision of law, and unless 5
inconsistent with a federal law, grant agreement, or other federal requirement or with the 6
terms of a gift or settlement agreement, net interest on all State money allocated by the 7
State Treasurer under this section to special funds or accounts, and otherwise entitled to 8
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 9
Fund of the State. 10
(ii) The provisions of subparagraph (i) of this paragraph do not apply 11
to the following funds: 12
189. the Teacher Retention and Development Fund; [and] 13
190. the Protecting Against Hate Crimes Grant Fund; AND 14
191. THE CANAL PLACE PRESERVATION AND 15
DEVELOPMENT BOARD FINANCING FUND. 16
Article – State Personnel and Pensions 17
31–102. 18
Subject to § 22–202(b) of this article and § 31–109 of this subtitle, the governmental 19
units that are eligible to participate in the employees’ systems are: 20
(2) the following governmental units: 21
(v) subject to § 31–105 of this subtitle, the [Canal Place Preservation 22
and Development] PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA 23
Authority; 24
31–105. 25
The only [employees] EMPLOYEE of the [Canal Place Preservation and 26
Development] PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA Authority 27
who [are] IS eligible to participate in the Employees’ Pension System under this subtitle 28
[are] IS the Executive Director [and the regular full–time employees that are employed by 29
the Canal Place Preservation and Development Authority under § 13–1008(6) of the 30
Financial Institutions Article]. 31 18 SENATE BILL 1070
Article – Tax – Property 1
7–211. 2
(b) (1) This subsection does not apply to: 3
(i) property owned by the Maryland–National Capital Park and 4
Planning Commission in Prince George’s County that is located in a public airport and is 5
used for a restaurant concession; and 6
(ii) property owned by the [Canal Place Preservation and 7
Development] PASSAGES OF THE WESTERN POTOMAC HERITAGE AREA Authority in 8
Allegany County if: 9
1. the property is leased for a concession for a term of 10 10
years or more; or 11
2. the lessee has made a capital investment in the property 12
or improvements on the property in excess of $500,000. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2024. 15