MD
Maryland Senate Bill SB857

Maryland 2024 Regular Session

Maryland Senate Bill SB857 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
55 *sb0857*
66
77 SENATE BILL 857
88 M1, R4 4lr1612
99 CF HB 866
1010 By: Senator McKay
1111 Introduced and read first time: February 2, 2024
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Off–Highway Recreational Vehicle Trail Fund and Off–Highway Recreational 2
1919 Vehicle Recreation Oversight Board – Alterations and Establishment 3
2020
2121 FOR the purpose of altering the contents and authorized uses of the Off–Highway 4
2222 Recreational Vehicle Trail Fund; establishing the Off–Highway Recreational Vehicle 5
2323 Recreation Oversight Board to advise the Secretary of Natural Resources on certain 6
2424 matters and review and approve certain expenditures; altering the percentages of 7
2525 the revenue from a certain excise tax the Comptroller is required to distribute to the 8
2626 Off–Highway Recreational Vehicle Trail Fund in certain fiscal years; and generally 9
2727 relating to the Off–Highway Recreational Vehicle Trail Fund and the Off–Highway 10
2828 Recreational Vehicle Recreation Oversight Board. 11
2929
3030 BY repealing and reenacting, with amendments, 12
3131 Article – Natural Resources 13
3232 Section 5–209(b)(3) and 5–1011 14
3333 Annotated Code of Maryland 15
3434 (2023 Replacement Volume and 2023 Supplement) 16
3535
3636 BY adding to 17
3737 Article – Natural Resources 18
3838 Section 5–1011.1 19
3939 Annotated Code of Maryland 20
4040 (2023 Replacement Volume and 2023 Supplement) 21
4141
4242 BY repealing and reenacting, with amendments, 22
4343 Article – Transportation 23
4444 Section 13–814 24
4545 Annotated Code of Maryland 25
4646 (2020 Replacement Volume and 2023 Supplement) 26
4747 2 SENATE BILL 857
4848
4949
5050 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5151 That the Laws of Maryland read as follows: 2
5252
5353 Article – Natural Resources 3
5454
5555 5–209. 4
5656
5757 (b) (3) (i) [Prior to] BEFORE March 31, 1976, every off–road vehicle to be 5
5858 used on Department lands shall be registered and provided suitable identification by the 6
5959 Department, which shall charge an annual uniform fee for all registrants, revenues derived 7
6060 from which shall be used to acquire and maintain areas for off–road vehicle use by the 8
6161 general public. 9
6262
6363 (ii) 1. Any investment earnings derived from the revenues shall 10
6464 be credited to the [General Fund of the State] OFF–HIGHWAY RECREATIONAL VEHICLE 11
6565 TRAIL FUND ESTABLISHED UNDE R § 5–1011 OF THIS TITLE. 12
6666
6767 2. Revenues from the fee are not subject to § 7–302 of the 13
6868 State Finance and Procurement Article. 14
6969
7070 (iii) Revenues may be used for administrative costs calculated in 15
7171 accordance with § 1–103(b)(2) of this article. 16
7272
7373 5–1011. 17
7474
7575 (a) In this section, “Fund” means the Off–Highway Recreational Vehicle Trail 18
7676 Fund. 19
7777
7878 (b) There is an Off–Highway Recreational Vehicle Trail Fund. 20
7979
8080 (c) The purpose of the Fund is to maintain and construct trails for off–highway 21
8181 recreational vehicles. 22
8282
8383 (d) The Secretary shall administer the Fund. 23
8484
8585 (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 24
8686 the State Finance and Procurement Article. 25
8787
8888 (2) The State Treasurer shall hold the Fund separately, and the 26
8989 Comptroller shall account for the Fund. 27
9090
9191 (f) The Fund consists of: 28
9292
9393 (1) Revenue distributed to the Fund under § 13 –814(b) of the 29
9494 Transportation Article; 30
9595
9696 (2) Money appropriated in the State budget for the Fund; 31 SENATE BILL 857 3
9797
9898
9999
100100 (3) MONEY GENERATED FROM OFF–ROAD VEHICLE REGISTRATIONS 1
101101 UNDER § 5–209 OF THIS TITLE; and 2
102102
103103 [(3)] (4) Any other money from any other source accepted for the benefit 3
104104 of the Fund. 4
105105
106106 (g) [The] SUBJECT TO § 5–1011.1(I) OF THIS SUBTITLE , THE Fund may be 5
107107 used only to: 6
108108
109109 (1) Maintain trails for off–highway recreational vehicles on State park land 7
110110 that was purchased or leased by the Department before January 1, [2017] 2024; 8
111111
112112 (2) Maintain and construct trails for off–highway recreational vehicles on 9
113113 State park land that is purchased or leased by the Department on or after January 1, [2017] 10
114114 2024; [and] 11
115115
116116 (3) Maintain and construct trails for off–highway recreational vehicles on 12
117117 any land that is not State park land that is purchased or leased by the Department; AND 13
118118
119119 (4) MAINTAIN THE OFF–HIGHWAY RECREATIONAL VEHICLE 14
120120 RECREATION OVERSIGHT BOARD ESTABLISHED UND ER § 5–1011.1 OF THIS 15
121121 SUBTITLE. 16
122122
123123 (h) (1) The State Treasurer shall invest the money of the Fund in the same 17
124124 manner as other State money may be invested. 18
125125
126126 (2) Any interest earnings of the Fund shall be credited to the General Fund 19
127127 of the State. 20
128128
129129 (i) Expenditures from the Fund may be made only in accordance with the State 21
130130 budget. 22
131131
132132 (j) Money expended from the Fund for maintaining and constructing trails for 23
133133 off–highway recreational vehicles is supplemental to and is not intended to take the place 24
134134 of funding that otherwise would be appropriated for maintaining and constructing trails 25
135135 for off–highway recreational vehicles. 26
136136
137137 (K) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2024, THE 27
138138 SECRETARY SHALL PUBLI SH ON THE DEPARTMENT ’S WEBSITE A REPORT 28
139139 DETAILING THE USE OF THE FUND. 29
140140
141141 5–1011.1. 30
142142 4 SENATE BILL 857
143143
144144
145145 (A) (1) IN THIS SECTION THE F OLLOWING WORD S HAVE THE MEANINGS 1
146146 INDICATED. 2
147147
148148 (2) “BOARD” MEANS THE OFF–HIGHWAY RECREATIONAL VEHICLE 3
149149 RECREATION OVERSIGHT BOARD. 4
150150
151151 (3) “FUND” MEANS THE OFF–HIGHWAY RECREATIONAL VEHICLE 5
152152 TRAIL FUND ESTABLISHED UNDE R § 5–1011 OF THIS SUBTITLE. 6
153153
154154 (B) THERE IS AN OFF–HIGHWAY RECREATIONAL VEHICLE RECREATION 7
155155 OVERSIGHT BOARD. 8
156156
157157 (C) (1) THE BOARD CONSISTS OF THE FO LLOWING MEMBERS , 9
158158 APPOINTED BY THE GOVERNOR: 10
159159
160160 (I) ONE REPRESENTATIVE OF THE MARYLAND OFF–HIGHWAY 11
161161 VEHICLE ALLIANCE; 12
162162
163163 (II) ONE REPRESENTATIVE OF THE MARYLAND MOTORCYCLE 13
164164 DEALERS ASSOCIATION; 14
165165
166166 (III) ONE REPRESENTATIVE OF THE AMERICAN MOTORCYCLIST 15
167167 ASSOCIATION DISTRICT 7; 16
168168
169169 (IV) ONE INDIVIDUAL REPRESENTING ALL–TERRAIN VEHICLE , 17
170170 UTILITY TERRAIN VEHI CLE, OR SIDE–BY–SIDE VEHICLE DRIVERS; AND 18
171171
172172 (V) ONE INDIVIDUAL REPRES ENTING ON – AND OFF–ROAD 19
173173 MOTOR VEHICLE DRIVER S. 20
174174
175175 (2) EACH MEMBER SHALL BE A RESIDENT OF THE STATE. 21
176176
177177 (D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A C HAIR EACH 22
178178 YEAR. 23
179179
180180 (E) (1) THE TERM OF A MEMBER IS 4 YEARS. 24
181181
182182 (2) THE TERM O F A MEMBER IS STAGGE RED AS REQUIRED BY T HE 25
183183 TERMS PROVIDED FOR M EMBERS OF THE BOARD ON OCTOBER 1, 2024. 26
184184
185185 (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 27
186186 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 28
187187 SENATE BILL 857 5
188188
189189
190190 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
191191 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
192192 QUALIFIES. 3
193193
194194 (5) IF A VACANCY OCCURS A MONG THE MEMBERS , THE GOVERNOR 4
195195 SHALL PROMPTLY APPOI NT A SUCCESSOR WHO S HALL SERVE UNTIL THE TERM 5
196196 EXPIRES. 6
197197
198198 (F) (1) THE DEPARTMENT SH ALL PROVIDE STAFF FO R THE BOARD. 7
199199
200200 (2) ADDITIONAL SUPPORT FO R THE BOARD SHALL BE PROVID ED BY: 8
201201
202202 (I) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 9
203203
204204 (II) THE MARYLAND PARK SERVICE; 10
205205
206206 (III) THE FOREST SERVICE; 11
207207
208208 (IV) THE WILDLIFE AND HERITAGE SERVICE; AND 12
209209
210210 (V) ONE REPRESENTATIVE OF EACH COUNTY IN WHICH AN 13
211211 OFF–HIGHWAY RECREATIONAL VEHICLE TRAIL MAINTA INED BY THE DEPARTMENT 14
212212 IS LOCATED, DESIGNATED BY THE DEPARTMENT . 15
213213
214214 (G) THE BOARD SHALL MEET AT LEAST QUARTERLY . 16
215215
216216 (H) THE BOARD SHALL: 17
217217
218218 (1) ADVISE THE SECRETARY ON THE OPER ATION, ACQUISITION, 18
219219 REGULATION , AND GENERAL OVERSIGH T OF OFF –HIGHWAY RECREATIONAL 19
220220 VEHICLE TRAILS AND R ECREATION IN THE STATE; AND 20
221221
222222 (2) REVIEW AND APPROVE EX PENDITURES FROM THE FUND IN 21
223223 ACCORDANCE WITH SUBS ECTION (I) OF THIS SECTION. 22
224224
225225 (I) AN EXPENDITURE FROM T HE FUND SHALL BE REVIEWED AN D 23
226226 APPROVED BY THE BOARD IN ACCORDANCE W ITH THE FOLLOWING RE QUIREMENTS : 24
227227
228228 (1) AT LEAST 25% OF THE ANNUAL FUND BALANCE SHALL BE USED 25
229229 FOR TRAIL DEVELOPMEN T; 26
230230
231231 (2) AT LEAST 10% OF THE ANNUAL FUND BALANCE SHALL BE USED 27
232232 FOR OFF–HIGHWAY RECREATIONAL VEHICLE TRAIL MAINTENANCE ; 28 6 SENATE BILL 857
233233
234234
235235
236236 (3) AT LEAST 10% OF THE ANNUAL FUND BALANCE SHALL BE USED 1
237237 FOR THE DEVELOPMENT OR MAINTENANCE OF CA MPING SITES, PARKING, OR OTHER 2
238238 INFRASTRUCTURE NECES SARY TO SUPPORT OFF –HIGHWAY RECREATIONAL 3
239239 VEHICLE RIDERS AND R ECREATIONAL ACTIVITI ES ON LANDS MANAGED PRIMARILY 4
240240 FOR OFF–HIGHWAY RECREATIONAL VEHICLE USE; 5
241241
242242 (4) AT LEAST 5% OF THE ANNUAL FUND BALANCE SHALL BE USED TO 6
243243 LEASE LANDS FOR PUBL IC OFF–HIGHWAY RECREATIO NAL VEHICLE USE ; 7
244244
245245 (5) AT LEAST 10% OF THE ANNUAL FUND BALANCE SHALL BE 8
246246 AUTHORIZED TO ADVERT ISE, PROMOTE, AND MARKET OFF –HIGHWAY 9
247247 RECREATIONAL VEHICLE USE AND EDUCATION IN THE STATE; AND 10
248248
249249 (6) FUNDS FROM THE FUND SHALL BE USED TO COVER THE 11
250250 ADMINISTRATIVE AND OPERATING COSTS OF T HE BOARD IN AN AMOUNT 12
251251 DETERMINED NECESSARY BY THE BOARD. 13
252252
253253 Article – Transportation 14
254254
255255 13–814. 15
256256
257257 (a) Except as provided in subsection (b) of this section, money collected under this 16
258258 part shall be deposited in the State Treasury and accounted for on the records of the 17
259259 Comptroller and transferred to the Transportation Trust Fund. 18
260260
261261 (b) Of the revenue from the excise tax imposed for each certificate of title issued 19
262262 for an off–highway recreational vehicle under § 13–809 of this subtitle, the Comptroller 20
263263 shall distribute to the Off–Highway Recreational Vehicle Trail Fund established under § 21
264264 5–1011 of the Natural Resources Article: 22
265265
266266 (1) [25%] 75% in fiscal year [2019] 2026; and 23
267267
268268 (2) [50%] 95% in fiscal year [2020] 2027 and each year thereafter. 24
269269
270270 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 25
271271 appointed members of the Off–Highway Recreational Vehicle Recreation Oversight Board 26
272272 established under Section 1 of this Act shall expire as follows: 27
273273
274274 (1) one member in 2025; 28
275275
276276 (2) two members in 2026; and 29
277277
278278 (3) two members in 2027. 30
279279 SENATE BILL 857 7
280280
281281
282282 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
283283 October 1, 2024. 2