21 | 15 | | |
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22 | 16 | | AN ACT concerning 1 |
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23 | 17 | | |
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24 | 18 | | Natural Resources – Maryland Heritage Areas Authority – Funding and Grants 2 |
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25 | 19 | | |
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26 | 20 | | FOR the purpose of authorizing the Maryland Heritage Areas Authority to award grants 3 |
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27 | 21 | | and loans to certain entities for the management of certified heritage areas under 4 |
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28 | 22 | | certain circumstances; establishing the maximum funding amount of certain grants 5 |
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29 | 23 | | made by the Maryland Heritage Areas Authority; decreasing the percentage of 6 |
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30 | 24 | | Program Open Space funds transferred to the Maryland Heritage Areas Authority 7 |
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31 | 25 | | Financing Fund that may be used for certain operating expenses; repealing a 8 |
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32 | 26 | | provision of law authorizing the distribution of certain money to the Maryland 9 |
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33 | 27 | | Historical Trust; increasing the maximum amount of certain funding available to the 10 |
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34 | 28 | | State that may be transferred to the Maryland Heritage Areas Authority Financing 11 |
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35 | 29 | | Fund; and generally relating to the Maryland Heritage Areas Authority. 12 |
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36 | 30 | | |
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37 | 31 | | BY repealing and reenacting, with amendments, 13 |
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38 | 32 | | Article – Financial Institutions 14 |
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39 | 33 | | Section 13–1113 and 13–1114 15 |
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40 | 34 | | Annotated Code of Maryland 16 |
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41 | 35 | | (2020 Replacement Volume and 2024 Supplement) 17 |
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42 | 36 | | |
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43 | 37 | | BY repealing and reenacting, with amendments, 18 |
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44 | 38 | | Article – Natural Resources 19 |
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45 | 39 | | Section 5–903(a)(1) and (2)(i) and (iv) 20 |
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46 | 40 | | Annotated Code of Maryland 21 |
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47 | 41 | | (2023 Replacement Volume and 2024 Supplement) 22 |
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54 | | - | Article – Financial Institutions 3 |
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55 | | - | |
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56 | | - | 13–1113. 4 |
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57 | | - | |
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58 | | - | (a) As provided in the State budget, AND SUBJECT TO SUBSE CTION (E) OF THIS 5 |
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59 | | - | SECTION, the Authority may award: 6 |
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60 | | - | |
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61 | | - | (1) Grants and loans to local jurisdictions or other appropriate entities for 7 |
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62 | | - | planning, design, acquisition, development, preservation, restoration, interpretation, 8 |
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63 | | - | marketing, [and] programming, AND MANAGEMENT of certified heritage areas; and 9 |
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64 | | - | |
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65 | | - | (2) Grants to local jurisdictions or other appropriate entities to develop 10 |
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66 | | - | management plans in recognized heritage areas. 11 |
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67 | | - | |
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68 | | - | (b) A grant to develop a management plan may not exceed [50%] 80% of the cost 12 |
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69 | | - | of the management plan. 13 |
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70 | | - | |
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71 | | - | (c) An acquisition or development grant: 14 |
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72 | | - | |
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73 | | - | (1) May not be used for any purpose other than implementation of the 15 |
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74 | | - | certified heritage area in conformity with the approved management plan; [and] 16 |
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75 | | - | |
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76 | | - | (2) MAY BE IN AN AMOUNT U P TO $300,000; AND 17 |
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77 | | - | |
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78 | | - | (3) May not exceed [50%] 80% of the total project cost for which the grant 18 |
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79 | | - | is awarded. 19 |
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80 | | - | |
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81 | | - | (d) (1) Subject to paragraph (2) of this subsection, the Authority may make 20 |
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82 | | - | program grants to local jurisdictions and other appropriate entities: 21 |
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83 | | - | |
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84 | | - | (i) To develop and present interpretive exhibits, materials or other 22 |
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85 | | - | appropriate products to further the educational and recreational objectives of the certified 23 |
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86 | | - | heritage areas program; and 24 |
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87 | | - | |
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88 | | - | (ii) To encourage revitalization of, and reinvestment in, certified 25 |
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89 | | - | heritage area resources. 26 |
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90 | | - | |
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91 | | - | (2) A program grant made by the Authority under paragraph (1) of this 27 |
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92 | | - | subsection [may]: 28 |
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93 | | - | |
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94 | | - | (I) MAY BE IN AN AMOUNT U P TO $300,000; AND 29 |
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95 | | - | |
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96 | | - | (II) MAY not exceed [50%] 80% of the estimated project cost. 30 HOUSE BILL 1327 3 |
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| 48 | + | 13–1113. 26 2 HOUSE BILL 1327 |
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140 | | - | (1) Invest and reinvest the Fund in the same manner as State funds; and 26 |
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141 | | - | |
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142 | | - | (2) Transfer any investment earnings to the credit of the Fund. 27 |
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143 | | - | 4 HOUSE BILL 1327 |
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144 | | - | |
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145 | | - | |
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146 | | - | (g) (1) In this subsection, “Program Open Space funds transferred to the 1 |
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147 | | - | Authority” means the money appropriated to the Fund from Program Open Space funds 2 |
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148 | | - | under § 5–903(a) of the Natural Resources Article. 3 |
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149 | | - | |
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150 | | - | (2) Except as provided in paragraph (3) of this subsection, Program Open 4 |
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151 | | - | Space funds transferred to the Authority may not be used to pay the operating expenses of 5 |
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152 | | - | the Authority, debt service of bonds issued by the Authority, or administrative expenses 6 |
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153 | | - | related to bonds issued by the Authority. 7 |
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154 | | - | |
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155 | | - | (3) (i) Up to [10%] 7% OR $600,000, WHICHEVER AMOUNT IS 8 |
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156 | | - | GREATER, of Program Open Space funds transferred to the Authority may be used to pay 9 |
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157 | | - | the operating expenses of the Authority. 10 |
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158 | | - | |
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159 | | - | (ii) Up to 50% of Program Open Space funds transferred to the 11 |
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160 | | - | Authority may be expended for debt service on bonds issued by the Authority. 12 |
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161 | | - | |
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162 | | - | (iii) For fiscal year 2012 only, an additional $500,000 of Program 13 |
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163 | | - | Open Space funds transferred to the Authority may be used to pay operating expenses in 14 |
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164 | | - | the Department of Planning. 15 |
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165 | | - | |
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166 | | - | Article – Natural Resources 16 |
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167 | | - | |
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168 | | - | 5–903. 17 |
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169 | | - | |
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170 | | - | (a) (1) [(i)] Of the funds distributed to Program Open Space under § 13–209 18 |
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171 | | - | of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in 19 |
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172 | | - | the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the 20 |
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173 | | - | State Finance and Procurement Article, to the Maryland Heritage Areas Authority 21 |
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174 | | - | Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article 22 |
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175 | | - | to be used for the purposes provided in that subtitle. 23 |
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176 | | - | |
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177 | | - | [(ii) Of the amount transferred under subparagraph (i) of this 24 |
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178 | | - | paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the 25 |
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179 | | - | Department of Planning to be awarded as noncapital historic preservation grants.] 26 |
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180 | | - | |
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181 | | - | (2) (i) 1. Of the remaining funds not appropriated under paragraph 27 |
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182 | | - | [(1)(i)] (1) of this subsection: 28 |
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183 | | - | |
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184 | | - | A. One half of the funds shall be used for recreation and open 29 |
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185 | | - | space purposes by the Department and the Historic St. Mary’s City Commission; and 30 |
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186 | | - | |
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187 | | - | B. 20% of the funds or $21,000,000, whichever is greater, 31 |
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188 | | - | shall be appropriated to the Forest and Park Service in the Department to operate State 32 |
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189 | | - | forests and parks. 33 |
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190 | | - | HOUSE BILL 1327 5 |
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191 | | - | |
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192 | | - | |
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193 | | - | 2. Except as otherwise provided in this section, any funds the 1 |
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194 | | - | General Assembly appropriates to the State under this subsection shall be used only for 2 |
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195 | | - | land acquisition projects. 3 |
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196 | | - | |
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197 | | - | (iv) In addition to the $3,000,000 under paragraph [(1)(i)] (1) of this 4 |
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198 | | - | subsection that may be transferred to the Maryland Heritage Areas Authority Financing 5 |
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199 | | - | Fund, up to [$3,000,000] $9,000,000 of the State’s share of funds available under 6 |
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200 | | - | subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State 7 |
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201 | | - | budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State 8 |
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202 | | - | Finance and Procurement Article to the Maryland Heritage Areas Authority Financing 9 |
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203 | | - | Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used 10 |
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204 | | - | for the purposes provided in that subtitle. 11 |
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205 | | - | |
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206 | | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 |
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207 | | - | 1, 2025. 13 |
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| 96 | + | 13–1114. 30 HOUSE BILL 1327 3 |
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212 | | - | Approved: |
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213 | | - | ________________________________________________________________________________ |
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214 | | - | Governor. |
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215 | | - | ________________________________________________________________________________ |
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216 | | - | Speaker of the House of Delegates. |
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217 | | - | ________________________________________________________________________________ |
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218 | | - | President of the Senate. |
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| 102 | + | (b) (1) The Authority shall use the Fund as a continuing, nonlapsing, revolving 2 |
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| 103 | + | fund for carrying out the purposes of this subtitle. 3 |
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| 104 | + | |
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| 105 | + | (2) No part of the Fund may revert or be credited to the General Fund or 4 |
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| 106 | + | to any other special fund of the State. 5 |
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| 107 | + | |
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| 108 | + | (c) The Authority shall place all of the following receipts in the Fund: 6 |
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| 109 | + | |
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| 110 | + | (1) Proceeds from the sale of bonds; 7 |
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| 111 | + | |
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| 112 | + | (2) Revenues that the Authority collects or receives from any source under 8 |
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| 113 | + | this subtitle; and 9 |
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| 114 | + | |
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| 115 | + | (3) Any additional revenue, gift, donation, or money received or paid to it 10 |
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| 116 | + | from any other source authorized by law. 11 |
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| 117 | + | |
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| 118 | + | (d) The Authority shall pay all expenses and make all expenditures from the 12 |
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| 119 | + | Fund. 13 |
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| 120 | + | |
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| 121 | + | (e) (1) The Authority may pledge and charge all or a portion of the receipts of 14 |
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| 122 | + | the Fund for the payment of: 15 |
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| 123 | + | |
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| 124 | + | (i) Debt service on bonds of the Authority; and 16 |
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| 125 | + | |
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| 126 | + | (ii) All reasonable charges and expenses related to borrowing by the 17 |
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| 127 | + | Authority and management of the obligations of the Authority. 18 |
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| 128 | + | |
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| 129 | + | (2) A pledge made under paragraph (1) of this subsection is effective as 19 |
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| 130 | + | provided in § 13–1119 of this subtitle and any applicable resolution of the Authority. 20 |
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| 131 | + | |
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| 132 | + | (f) The State Treasurer shall: 21 |
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| 133 | + | |
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| 134 | + | (1) Invest and reinvest the Fund in the same manner as State funds; and 22 |
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| 135 | + | |
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| 136 | + | (2) Transfer any investment earnings to the credit of the Fund. 23 |
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| 137 | + | |
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| 138 | + | (g) (1) In this subsection, “Program Open Space funds transferred to the 24 |
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| 139 | + | Authority” means the money appropriated to the Fund from Program Open Space funds 25 |
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| 140 | + | under § 5–903(a) of the Natural Resources Article. 26 |
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| 141 | + | |
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| 142 | + | (2) Except as provided in paragraph (3) of this subsection, Program Open 27 |
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| 143 | + | Space funds transferred to the Authority may not be used to pay the operating expenses of 28 |
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| 144 | + | the Authority, debt service of bonds issued by the Authority, or administrative expenses 29 |
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| 145 | + | related to bonds issued by the Authority. 30 4 HOUSE BILL 1327 |
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| 146 | + | |
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| 147 | + | |
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| 148 | + | |
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| 149 | + | (3) (i) Up to [10%] 7% of Program Open Space funds transferred to the 1 |
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| 150 | + | Authority may be used to pay the operating expenses of the Authority. 2 |
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| 151 | + | |
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| 152 | + | (ii) Up to 50% of Program Open Space funds transferred to the 3 |
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| 153 | + | Authority may be expended for debt service on bonds issued by the Authority. 4 |
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| 154 | + | |
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| 155 | + | (iii) For fiscal year 2012 only, an additional $500,000 of Program 5 |
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| 156 | + | Open Space funds transferred to the Authority may be used to pay operating expenses in 6 |
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| 157 | + | the Department of Planning. 7 |
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| 158 | + | |
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| 159 | + | Article – Natural Resources 8 |
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| 160 | + | |
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| 161 | + | 5–903. 9 |
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| 162 | + | |
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| 163 | + | (a) (1) [(i)] Of the funds distributed to Program Open Space under § 13–209 10 |
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| 164 | + | of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in 11 |
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| 165 | + | the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the 12 |
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| 166 | + | State Finance and Procurement Article, to the Maryland Heritage Areas Authority 13 |
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| 167 | + | Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article 14 |
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| 168 | + | to be used for the purposes provided in that subtitle. 15 |
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| 169 | + | |
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| 170 | + | [(ii) Of the amount transferred under subparagraph (i) of this 16 |
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| 171 | + | paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the 17 |
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| 172 | + | Department of Planning to be awarded as noncapital historic preservation grants.] 18 |
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| 173 | + | |
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| 174 | + | (2) (i) 1. Of the remaining funds not appropriated under paragraph 19 |
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| 175 | + | [(1)(i)] (1) of this subsection: 20 |
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| 176 | + | |
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| 177 | + | A. One half of the funds shall be used for recreation and open 21 |
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| 178 | + | space purposes by the Department and the Historic St. Mary’s City Commission; and 22 |
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| 179 | + | |
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| 180 | + | B. 20% of the funds or $21,000,000, whichever is greater, 23 |
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| 181 | + | shall be appropriated to the Forest and Park Service in the Department to operate State 24 |
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| 182 | + | forests and parks. 25 |
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| 183 | + | |
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| 184 | + | 2. Except as otherwise provided in this section, any funds the 26 |
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| 185 | + | General Assembly appropriates to the State under this subsection shall be used only for 27 |
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| 186 | + | land acquisition projects. 28 |
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| 187 | + | |
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| 188 | + | (iv) In addition to the $3,000,000 under paragraph [(1)(i)] (1) of this 29 |
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| 189 | + | subsection that may be transferred to the Maryland Heritage Areas Authority Financing 30 |
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| 190 | + | Fund, up to [$3,000,000] $9,000,000 of the State’s share of funds available under 31 |
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| 191 | + | subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State 32 |
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| 192 | + | budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State 33 |
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| 193 | + | Finance and Procurement Article to the Maryland Heritage Areas Authority Financing 34 HOUSE BILL 1327 5 |
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| 194 | + | |
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| 195 | + | |
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| 196 | + | Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used 1 |
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| 197 | + | for the purposes provided in that subtitle. 2 |
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| 198 | + | |
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| 199 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t July 3 |
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| 200 | + | 1, 2025. 4 |
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