EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0043*
SENATE BILL 43
P1, N1 4lr1084
(PRE–FILED)
By: Senator Hayes
Requested: October 23, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Maryland Historical Trust – Arbitration 2
FOR the purpose of authorizing arbitration for disputes regarding certain applications for 3
a certain permit, grant, tax credit, or authorization for a change or alteration of 4
property subject to a certain historic easement; and generally relating to the 5
Maryland Historical Trust. 6
BY repealing and reenacting, without amendments, 7
Article – State Finance and Procurement 8
Section 5A–309 and 5A–310 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – State Finance and Procurement 13
Section 5A–321 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – State Finance and Procurement 19
5A–309. 20
(a) In this part the following words have the meanings indicated. 21
(b) “Board” means the Board of Trustees of the Maryland Historical Trust. 22
2 SENATE BILL 43
(c) “Trustee” means a member of the Board. 1
5A–310. 2
(a) There is a Maryland Historical Trust. 3
(b) (1) The Trust is an instrumentality of the State, is a body corporate, and 4
has perpetual existence. 5
(2) The General Assembly may terminate the Trust if the purposes of the 6
Trust end. 7
5A–321. 8
(A) IN THIS SECTION, “APPLICATION” MEANS AN APPLICATION : 9
(1) FOR A PERMIT , GRANT, OR TAX CREDIT UNDER THIS SUBTITLE; 10
AND 11
(2) MADE IN ACCORDANCE W ITH § 5A–326 OF THIS SUBTITLE FOR A 12
CHANGE OR ALTERATION OF A PROPERTY SUBJEC T TO A HISTORIC EASE MENT. 13
(B) IF THERE IS AN UNRESOLV ED DISPUTE OVER AN APPLICATION THAT IS 14
MADE UNDER THIS SUBTITLE , AND FOR WHICH APPROV AL FROM THE TRUST IS 15
REQUIRED, EITHER PARTY MAY REQUEST ARBITRATION. 16
(C) (1) IF A PARTY REQUESTS ARBITRATION , THE PARTIES SHALL 17
MUTUALLY SELECT AN A RBITRATOR. 18
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON AN ARBITRATOR, AN 19
ARBITRATOR SHALL BE SELECTED TH ROUGH THE AMERICAN ARBITRATION 20
ASSOCIATION IN ACCORD ANCE WITH ITS PROCED URES. 21
(3) THE ARBITRATOR SHALL ASSESS ALL FEES THAT RESULT FROM 22
THE ARBITRATION EQUA LLY BETWEEN THE PART IES. 23
(D) (1) A DECISION OF THE ARBI TRATOR IS FINAL AND BINDING ON ALL 24
PARTIES. 25
(2) EITHER PARTY MAY APPE AL A DECISION UNDER THIS SECTION TO 26
THE MARYLAND STATE BOARD OF CONTRACT APPEALS. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2024. 29