| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0720* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 720 | |
| 11 | 8 | M1 5lr0355 | |
| 12 | 9 | CF 5lr0356 | |
| 13 | 10 | By: Chair, Environment and Transportation Committee (By Request – | |
| 14 | 11 | Departmental – Natural Resources) | |
| 15 | 12 | Introduced and read first time: January 27, 2025 | |
| 16 | 13 | Assigned to: Environment and Transportation | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 25, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Natural Resources – Repeal of Somers Cove Marina Commission and 2 | |
| 26 | 20 | Improvement Fund and Alteration of Operations 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of repealing provisions of law relating to the Somers Cove Marina 4 | |
| 29 | 23 | Commission, the Somers Cove Marina Improvement Fund , and the operation of 5 | |
| 30 | 24 | Somers Cove Marina; authorizing the Secretary of Natural Resources to execute 6 | |
| 31 | - | certain leases, procure and execute certain contracts, and employ certain staff, and 7 | |
| 32 | - | assess certain fees; requiring the Secretary to set the compensation for certain 8 | |
| 33 | - | employees under certain circumstances; establishing the Somers Cove Marina 9 | |
| 34 | - | Advisory Commission to advise the Secretary on certain matters relating to the 10 | |
| 35 | - | Somers Cove Marina; requiring certain revenue received by the Department of 11 | |
| 36 | - | Natural Resources to be deposited into the Natural Resources Property Maintenance 12 | |
| 37 | - | Fund; altering the uses of the Natural Resources Property Maintenance Fund; 13 | |
| 38 | - | requiring interest earnings of the Natural Resources Property Maintenance Fund to 14 | |
| 39 | - | be credited to that Fund; and generally relating to Somers Cove Marina. 15 | |
| 25 | + | certain leases, procure and execute certain contracts, and employ certain staff; 7 | |
| 26 | + | requiring the Secretary to set the compensation for certain employees under certain 8 | |
| 27 | + | circumstances; and generally relating to Somers Cove Marina. 9 | |
| 40 | 28 | ||
| 41 | - | BY repealing | |
| 42 | - | Article – Natural Resources | |
| 43 | - | Section 5–908.1 | |
| 44 | - | Annotated Code of Maryland | |
| 45 | - | (2023 Replacement Volume and 2024 Supplement) | |
| 29 | + | BY repealing 10 | |
| 30 | + | Article – Natural Resources 11 | |
| 31 | + | Section 5–908.1 12 | |
| 32 | + | Annotated Code of Maryland 13 | |
| 33 | + | (2023 Replacement Volume and 2024 Supplement) 14 | |
| 46 | 34 | ||
| 47 | - | BY adding to 21 | |
| 48 | - | Article – Natural Resources 22 2 HOUSE BILL 720 | |
| 35 | + | BY adding to 15 | |
| 36 | + | Article – Natural Resources 16 | |
| 37 | + | Section 5–908.1 17 | |
| 38 | + | Annotated Code of Maryland 18 | |
| 39 | + | (2023 Replacement Volume and 2024 Supplement) 19 | |
| 40 | + | ||
| 41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 42 | + | That the Laws of Maryland read as follows: 21 | |
| 43 | + | ||
| 44 | + | Article – Natural Resources 22 | |
| 45 | + | ||
| 46 | + | [5–908.1. 23 | |
| 47 | + | 2 HOUSE BILL 720 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Section 5–908.1 and 5–908.2 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2023 Replacement Volume and 2024 Supplement) 3 | |
| 50 | + | (a) (1) In this section the following words have the meanings indicated. 1 | |
| 54 | 51 | ||
| 55 | - | BY repealing and reenacting, with amendments, 4 | |
| 56 | - | Article – Natural Resources 5 | |
| 57 | - | Section 5–909 6 | |
| 58 | - | Annotated Code of Maryland 7 | |
| 59 | - | (2023 Replacement Volume and 2024 Supplement) 8 | |
| 52 | + | (2) “Commission” means the Somers Cove Marina Commission. 2 | |
| 60 | 53 | ||
| 61 | - | BY repealing and reenacting, without amendments, 9 | |
| 62 | - | Article – State Finance and Procurement 10 | |
| 63 | - | Section 6–226(a)(2)(i) 11 | |
| 64 | - | Annotated Code of Maryland 12 | |
| 65 | - | (2021 Replacement Volume and 2024 Supplement) 13 | |
| 54 | + | (3) “Fund” means the Somers Cove Marina Improvement Fund. 3 | |
| 66 | 55 | ||
| 67 | - | BY repealing and reenacting, with amendments, 14 | |
| 68 | - | Article – State Finance and Procurement 15 | |
| 69 | - | Section 6–226(a)(2)(ii)204. and 205. 16 | |
| 70 | - | Annotated Code of Maryland 17 | |
| 71 | - | (2021 Replacement Volume and 2024 Supplement) 18 | |
| 56 | + | (4) “Unencumbered” means not pledged for use by the State for Somers 4 | |
| 57 | + | Cove Marina before the creation of the Commission. 5 | |
| 72 | 58 | ||
| 73 | - | BY adding to 19 | |
| 74 | - | Article – State Finance and Procurement 20 | |
| 75 | - | Section 6–226(a)(2)(ii)206. 21 | |
| 76 | - | Annotated Code of Maryland 22 | |
| 77 | - | (2021 Replacement Volume and 2024 Supplement) 23 | |
| 59 | + | (b) (1) (i) There is a Somers Cove Marina Commission. 6 | |
| 78 | 60 | ||
| 79 | - | | |
| 80 | - | ||
| 61 | + | (ii) The Commission is a body politic and corporate and an 7 | |
| 62 | + | instrumentality of the State. 8 | |
| 81 | 63 | ||
| 82 | - | ||
| 64 | + | (2) The Commission consists of the following members: 9 | |
| 83 | 65 | ||
| 84 | - | [5–908.1. 27 | |
| 66 | + | (i) Two members from Somerset County, appointed by the Board of 10 | |
| 67 | + | County Commissioners of Somerset County, one of whom shall be a member of the Somerset 11 | |
| 68 | + | County business community; 12 | |
| 85 | 69 | ||
| 86 | - | (a) (1) In this section the following words have the meanings indicated. 28 | |
| 70 | + | (ii) Two members from the City of Crisfield, appointed by the Mayor 13 | |
| 71 | + | of Crisfield, one of whom shall be a member of the Somerset County business community; 14 | |
| 72 | + | and 15 | |
| 87 | 73 | ||
| 88 | - | (2) “Commission” means the Somers Cove Marina Commission. 29 | |
| 74 | + | (iii) Three members appointed by the Secretary, one of whom shall 16 | |
| 75 | + | be a current slip holder at Somers Cove Marina. 17 | |
| 89 | 76 | ||
| 90 | - | (3) | |
| 77 | + | (3) (i) The term of a member is 4 years. 18 | |
| 91 | 78 | ||
| 92 | - | (4) “Unencumbered” means not pledged for use by the State for Somers 31 | |
| 93 | - | Cove Marina before the creation of the Commission. 32 | |
| 79 | + | (ii) A member may not serve more than 2 consecutive terms. 19 | |
| 94 | 80 | ||
| 95 | - | (b) (1) (i) There is a Somers Cove Marina Commission. 33 | |
| 81 | + | (iii) At the end of a term, a member continues to serve until a 20 | |
| 82 | + | successor is appointed and qualifies. 21 | |
| 83 | + | ||
| 84 | + | (iv) A member who is appointed after a term has begun serves only 22 | |
| 85 | + | for the rest of the term and until a successor is appointed and qualifies. 23 | |
| 86 | + | ||
| 87 | + | (4) A member is not entitled to compensation except for reimbursement for 24 | |
| 88 | + | expenses as provided in the budget of the Commission. 25 | |
| 89 | + | ||
| 90 | + | (5) (i) The Commission shall elect a chair and a vice chair of the 26 | |
| 91 | + | Commission from among its members. 27 | |
| 92 | + | ||
| 93 | + | (ii) The Commission shall appoint a secretary–treasurer who need 28 | |
| 94 | + | not be a member of the Commission. 29 | |
| 96 | 95 | HOUSE BILL 720 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 99 | - | ( | |
| 100 | - | ||
| 98 | + | (iii) A secretary–treasurer who is not a member of the Commission 1 | |
| 99 | + | may not vote on matters before the Commission. 2 | |
| 101 | 100 | ||
| 102 | - | (2) The Commission consists of the following members: 3 | |
| 101 | + | (6) (i) The Commission shall meet at least every 2 months, as 3 | |
| 102 | + | determined by the chair. 4 | |
| 103 | 103 | ||
| 104 | - | (i) Two members from Somerset County, appointed by the Board of 4 | |
| 105 | - | County Commissioners of Somerset County, one of whom shall be a member of the Somerset 5 | |
| 106 | - | County business community; 6 | |
| 104 | + | (ii) At least 10 days before each meeting, written notice shall be 5 | |
| 105 | + | given to each member of the Commission. 6 | |
| 107 | 106 | ||
| 108 | - | (ii) Two members from the City of Crisfield, appointed by the Mayor 7 | |
| 109 | - | of Crisfield, one of whom shall be a member of the Somerset County business community; 8 | |
| 110 | - | and 9 | |
| 107 | + | (7) Five members of the Commission are a quorum. 7 | |
| 111 | 108 | ||
| 112 | - | ( | |
| 113 | - | ||
| 109 | + | (8) A majority vote of the members present at a meeting having a quorum 8 | |
| 110 | + | is needed for the Commission to act. 9 | |
| 114 | 111 | ||
| 115 | - | (3) (i) The term of a member is 4 years. 12 | |
| 112 | + | (9) (i) The Secretary may remove a member of the Commission for any 10 | |
| 113 | + | reason upon a majority vote of the members of the Commission. 11 | |
| 116 | 114 | ||
| 117 | - | (ii) A member may not serve more than 2 consecutive terms. 13 | |
| 115 | + | (ii) If a member is removed, a new member shall promptly be 12 | |
| 116 | + | appointed by the individual or body that appointed the removed member. 13 | |
| 118 | 117 | ||
| 119 | - | (iii) At the end of a term, a member continues to serve until a 14 | |
| 120 | - | successor is appointed and qualifies. 15 | |
| 118 | + | (c) (1) The Secretary shall: 14 | |
| 121 | 119 | ||
| 122 | - | (iv) A member who is appointed after a term has begun serves only 16 | |
| 123 | - | for the rest of the term and until a successor is appointed and qualifies. 17 | |
| 120 | + | (i) Appoint an Executive Director; 15 | |
| 124 | 121 | ||
| 125 | - | ( | |
| 126 | - | ||
| 122 | + | (ii) Consult with the Commission in conducting the annual 16 | |
| 123 | + | performance evaluation of the Executive Director; and 17 | |
| 127 | 124 | ||
| 128 | - | (5) (i) The Commission shall elect a chair and a vice chair of the 20 | |
| 129 | - | Commission from among its members. 21 | |
| 125 | + | (iii) Review and make determinations on requests for approval of 18 | |
| 126 | + | leases and contracts submitted to the Secretary by the Executive Director in accordance 19 | |
| 127 | + | with subsection (d) of this section. 20 | |
| 130 | 128 | ||
| 131 | - | (ii) The Commission shall appoint a secretary–treasurer who need 22 | |
| 132 | - | not be a member of the Commission. 23 | |
| 129 | + | (2) The Executive Director: 21 | |
| 133 | 130 | ||
| 134 | - | (iii) A secretary–treasurer who is not a member of the Commission 24 | |
| 135 | - | may not vote on matters before the Commission. 25 | |
| 131 | + | (i) Shall administer the Fund; 22 | |
| 136 | 132 | ||
| 137 | - | (6) (i) The Commission shall meet at least every 2 months, as 26 | |
| 138 | - | determined by the chair. 27 | |
| 133 | + | (ii) On or before May 1 of each year, and after consulting with the 23 | |
| 134 | + | Commission, shall prepare operating and capital budgets for the subsequent fiscal year and 24 | |
| 135 | + | submit the budgets to the Commission for review and approval; 25 | |
| 139 | 136 | ||
| 140 | - | (ii) At least 10 days before each meeting, written notice shall be 28 | |
| 141 | - | given to each member of the Commission. 29 | |
| 137 | + | (iii) Shall supervise the marina manager; 26 | |
| 142 | 138 | ||
| 143 | - | (7) Five members of the Commission are a quorum. 30 | |
| 144 | - | 4 HOUSE BILL 720 | |
| 139 | + | (iv) May execute leases of land, buildings, or facilities at Somers Cove 27 | |
| 140 | + | Marina and execute contracts for events or concessions at Somers Cove Marina in 28 | |
| 141 | + | accordance with subsection (c) of this section; 29 | |
| 142 | + | ||
| 143 | + | (v) Subject to the approval of the Secretary, and in cooperation with 30 | |
| 144 | + | the Commission, shall develop an annual master plan for the operations, maintenance, 31 4 HOUSE BILL 720 | |
| 145 | 145 | ||
| 146 | 146 | ||
| 147 | - | ||
| 148 | - | ||
| 147 | + | development, and improvement of Somers Cove Marina that improves services to the 1 | |
| 148 | + | general boating public; 2 | |
| 149 | 149 | ||
| 150 | - | ( | |
| 151 | - | ||
| 150 | + | (vi) Shall administer, in cooperation with the Commission, all 3 | |
| 151 | + | unencumbered grants; 4 | |
| 152 | 152 | ||
| 153 | - | ( | |
| 154 | - | ||
| 153 | + | (vii) 1. Shall employ a staff to operate and maintain Somers Cove 5 | |
| 154 | + | Marina, and set the staff’s compensation; and 6 | |
| 155 | 155 | ||
| 156 | - | (c) (1) The Secretary shall: 7 | |
| 156 | + | 2. Shall, except for the marina manager, employ staff as 7 | |
| 157 | + | employees of the Commission; and 8 | |
| 157 | 158 | ||
| 158 | - | (i) Appoint an Executive Director; 8 | |
| 159 | + | (viii) Shall be an employee of the State and serve at the pleasure of the 9 | |
| 160 | + | Secretary. 10 | |
| 159 | 161 | ||
| 160 | - | (ii) Consult with the Commission in conducting the annual 9 | |
| 161 | - | performance evaluation of the Executive Director; and 10 | |
| 162 | + | (3) (i) The marina manager shall be an employee of the State. 11 | |
| 162 | 163 | ||
| 163 | - | (iii) Review and make determinations on requests for approval of 11 | |
| 164 | - | leases and contracts submitted to the Secretary by the Executive Director in accordance 12 | |
| 165 | - | with subsection (d) of this section. 13 | |
| 164 | + | (ii) The marina manager is responsible for the day –to–day 12 | |
| 165 | + | operations of the marina. 13 | |
| 166 | 166 | ||
| 167 | - | (2) The Executive Director: 14 | |
| 167 | + | (4) On approval of and subject to the conditions that the Department may 14 | |
| 168 | + | require, Commission staff who are not employees of the Department may use vehicles or 15 | |
| 169 | + | equipment of the Department. 16 | |
| 168 | 170 | ||
| 169 | - | (i) Shall administer the Fund; 15 | |
| 171 | + | (d) (1) A lease of land, a building, or other facility at the Somers Cove Marina 17 | |
| 172 | + | or a contract for an event or concession at the Somers Cove Marina shall conform to the 18 | |
| 173 | + | annual master plan approved under subsection (c)(2)(v) of this section. 19 | |
| 170 | 174 | ||
| 171 | - | (ii) On or before May 1 of each year, and after consulting with the 16 | |
| 172 | - | Commission, shall prepare operating and capital budgets for the subsequent fiscal year and 17 | |
| 173 | - | submit the budgets to the Commission for review and approval; 18 | |
| 175 | + | (2) A lease of land, a building, or a facility or a contract for an event or 20 | |
| 176 | + | concession that is executed by the Executive Director: 21 | |
| 174 | 177 | ||
| 175 | - | (iii) Shall supervise the marina manager; 19 | |
| 178 | + | (i) May not be for a term of more than 5 years or be renewed for 22 | |
| 179 | + | more than an additional 5 years; and 23 | |
| 176 | 180 | ||
| 177 | - | (iv) May execute leases of land, buildings, or facilities at Somers Cove 20 | |
| 178 | - | Marina and execute contracts for events or concessions at Somers Cove Marina in 21 | |
| 179 | - | accordance with subsection (c) of this section; 22 | |
| 181 | + | (ii) Shall be reviewed and approved by the Commission and Office of 24 | |
| 182 | + | the Attorney General. 25 | |
| 180 | 183 | ||
| 181 | - | (v) Subject to the approval of the Secretary, and in cooperation with 23 | |
| 182 | - | the Commission, shall develop an annual master plan for the operations, maintenance, 24 | |
| 183 | - | development, and improvement of Somers Cove Marina that improves services to the 25 | |
| 184 | - | general boating public; 26 | |
| 184 | + | (3) A lease entered into before the creation of the Commission shall remain 26 | |
| 185 | + | in effect for the duration of the term of the lease. 27 | |
| 185 | 186 | ||
| 186 | - | (vi) Shall administer, in cooperation with the Commission, all 27 | |
| 187 | - | unencumbered grants; 28 | |
| 187 | + | (4) (i) The Executive Director may not execute a lease or contract for 28 | |
| 188 | + | nonboating related improvements or goods at the marina without the approval of the 29 | |
| 189 | + | Secretary. 30 | |
| 188 | 190 | ||
| 189 | - | (vii) 1. Shall employ a staff to operate and maintain Somers Cove 29 | |
| 190 | - | Marina, and set the staff’s compensation; and 30 | |
| 191 | - | ||
| 192 | - | 2. Shall, except for the marina manager, employ staff as 31 | |
| 193 | - | employees of the Commission; and 32 HOUSE BILL 720 5 | |
| 191 | + | (ii) Within 30 days after receiving a request for approval of a lease 31 | |
| 192 | + | or contract, the Secretary shall provide the Executive Director with an initial response that 32 | |
| 193 | + | may include a process or plan of action for addressing the merits of the request. 33 HOUSE BILL 720 5 | |
| 194 | 194 | ||
| 195 | 195 | ||
| 196 | 196 | ||
| 197 | - | (viii) Shall be an employee of the State and serve at the pleasure of the 1 | |
| 198 | - | Secretary. 2 | |
| 197 | + | (e) On approval of and subject to the conditions that the Secretary may require, 1 | |
| 198 | + | the Department may transfer any vehicle, equipment, or other inventory to the 2 | |
| 199 | + | Commission. 3 | |
| 199 | 200 | ||
| 200 | - | (3) (i) The marina manager shall be an employee of the State. 3 | |
| 201 | + | (f) (1) Except as provided in paragraph (6) of this subsection, the Executive 4 | |
| 202 | + | Director shall procure goods, services, and capital improvement, design, and maintenance 5 | |
| 203 | + | projects in accordance with the requirements of this subsection. 6 | |
| 201 | 204 | ||
| 202 | - | ( | |
| 203 | - | ||
| 205 | + | (2) For goods, services, and capital improvement, design, and maintenance 7 | |
| 206 | + | projects with an expected value of $1,000 to $5,000, the Executive Director shall: 8 | |
| 204 | 207 | ||
| 205 | - | (4) On approval of and subject to the conditions that the Department may 6 | |
| 206 | - | require, Commission staff who are not employees of the Department may use vehicles or 7 | |
| 207 | - | equipment of the Department. 8 | |
| 208 | + | (i) Make a written or telephone request for bids; 9 | |
| 208 | 209 | ||
| 209 | - | (d) (1) A lease of land, a building, or other facility at the Somers Cove Marina 9 | |
| 210 | - | or a contract for an event or concession at the Somers Cove Marina shall conform to the 10 | |
| 211 | - | annual master plan approved under subsection (c)(2)(v) of this section. 11 | |
| 210 | + | (ii) Evaluate the bids; and 10 | |
| 212 | 211 | ||
| 213 | - | ( | |
| 214 | - | ||
| 212 | + | (iii) Award the contract to the responsible bidder that submits the 11 | |
| 213 | + | responsive bid that is the lowest bid price. 12 | |
| 215 | 214 | ||
| 216 | - | ( | |
| 217 | - | ||
| 215 | + | (3) For goods, services, and capital improvement, design, and maintenance 13 | |
| 216 | + | projects with an expected value of $5,000 to $200,000, the Executive Director shall: 14 | |
| 218 | 217 | ||
| 219 | - | ( | |
| 220 | - | ||
| 218 | + | (i) Advertise the solicitation in a local newspaper and on the 15 | |
| 219 | + | Somerset County website; 16 | |
| 221 | 220 | ||
| 222 | - | (3) A lease entered into before the creation of the Commission shall remain 18 | |
| 223 | - | in effect for the duration of the term of the lease. 19 | |
| 221 | + | (ii) Issue invitations for bids to all known prospective vendors; 17 | |
| 224 | 222 | ||
| 225 | - | (4) (i) The Executive Director may not execute a lease or contract for 20 | |
| 226 | - | nonboating related improvements or goods at the marina without the approval of the 21 | |
| 227 | - | Secretary. 22 | |
| 223 | + | (iii) Tabulate and evaluate the bids; 18 | |
| 228 | 224 | ||
| 229 | - | (ii) Within 30 days after receiving a request for approval of a lease 23 | |
| 230 | - | or contract, the Secretary shall provide the Executive Director with an initial response that 24 | |
| 231 | - | may include a process or plan of action for addressing the merits of the request. 25 | |
| 225 | + | (iv) Select for award the responsible bidder who submits the 19 | |
| 226 | + | responsive bid that is the lowest bid price; and 20 | |
| 232 | 227 | ||
| 233 | - | (e) On approval of and subject to the conditions that the Secretary may require, 26 | |
| 234 | - | the Department may transfer any vehicle, equipment, or other inventory to the 27 | |
| 235 | - | Commission. 28 | |
| 228 | + | (v) Submit the proposed award to the Commission for review and 21 | |
| 229 | + | approval. 22 | |
| 236 | 230 | ||
| 237 | - | ( | |
| 238 | - | ||
| 239 | - | ||
| 231 | + | (4) The Executive Director shall procure goods, services, and capital 23 | |
| 232 | + | improvement, design, and maintenance projects with an expected value exceeding $200,000 24 | |
| 233 | + | in accordance with Division II of the State Finance and Procurement Article. 25 | |
| 240 | 234 | ||
| 241 | - | (2) For goods, services, and capital improvement, design, and maintenance 32 | |
| 242 | - | projects with an expected value of $1,000 to $5,000, the Executive Director shall: 33 6 HOUSE BILL 720 | |
| 235 | + | (5) For goods, services, and capital improvement, design, and maintenance 26 | |
| 236 | + | projects funded by the proceeds from State bonds, the Executive Director shall submit the 27 | |
| 237 | + | proposed award to the Board of Public Works for approval. 28 | |
| 238 | + | ||
| 239 | + | (6) For an emergency procurement that the Executive Director determines 29 | |
| 240 | + | to be necessary to avoid or mitigate serious damage to public health, safety, or welfare, the 30 | |
| 241 | + | Executive Director shall: 31 | |
| 242 | + | 6 HOUSE BILL 720 | |
| 243 | 243 | ||
| 244 | 244 | ||
| 245 | + | (i) Obtain as much competition as possible under the circumstances; 1 | |
| 246 | + | and 2 | |
| 245 | 247 | ||
| 246 | - | (i) Make a written or telephone request for bids; 1 | |
| 248 | + | (ii) After awarding the procurement contract, submit to the 3 | |
| 249 | + | Commission and the Secretary a written report that gives the justification for the use of 4 | |
| 250 | + | the emergency procurement procedure. 5 | |
| 247 | 251 | ||
| 248 | - | (ii) Evaluate the bids; and 2 | |
| 252 | + | (7) The Executive Director shall adopt a procurement policy that includes 6 | |
| 253 | + | provisions for minority– and women–owned business participation. 7 | |
| 249 | 254 | ||
| 250 | - | ( | |
| 251 | - | ||
| 255 | + | (8) This subsection does not apply to procurement in support of enterprise 8 | |
| 256 | + | activities for the purpose of direct resale or remanufacture and subsequent resale. 9 | |
| 252 | 257 | ||
| 253 | - | (3) For goods, services, and capital improvement, design, and maintenance 5 | |
| 254 | - | projects with an expected value of $5,000 to $200,000, the Executive Director shall: 6 | |
| 258 | + | (g) (1) The Commission shall: 10 | |
| 255 | 259 | ||
| 256 | - | (i) | |
| 257 | - | ||
| 260 | + | (i) Adopt an operating budget to use the Fund to implement the 11 | |
| 261 | + | master plan; 12 | |
| 258 | 262 | ||
| 259 | - | (ii) Issue invitations for bids to all known prospective vendors; 9 | |
| 263 | + | (ii) Adopt a capital budget that may use funds from Somerset 13 | |
| 264 | + | County, the City of Crisfield, the State, and other sources to implement the master plan; 14 | |
| 260 | 265 | ||
| 261 | - | (iii) Tabulate and evaluate the bids; 10 | |
| 266 | + | (iii) 1. Apply for grants from the Waterway Improvement Fund 15 | |
| 267 | + | in accordance with Title 8, Subtitle 7 of this article; and 16 | |
| 262 | 268 | ||
| 263 | - | | |
| 264 | - | ||
| 269 | + | 2. Subject to the Secretary’s approval, receive approved 17 | |
| 270 | + | grant amounts at the time of acceptance of a bid or bids for waterway improvement work; 18 | |
| 265 | 271 | ||
| 266 | - | ( | |
| 267 | - | ||
| 272 | + | (iv) Assess slip and other fees and charges at Somers Cove Marina as 19 | |
| 273 | + | necessary in order to implement the master plan; 20 | |
| 268 | 274 | ||
| 269 | - | (4) The Executive Director shall procure goods, services, and capital 15 | |
| 270 | - | improvement, design, and maintenance projects with an expected value exceeding $200,000 16 | |
| 271 | - | in accordance with Division II of the State Finance and Procurement Article. 17 | |
| 275 | + | (v) Set policy and provide general oversight of marina operations; 21 | |
| 276 | + | and 22 | |
| 272 | 277 | ||
| 273 | - | (5) For goods, services, and capital improvement, design, and maintenance 18 | |
| 274 | - | projects funded by the proceeds from State bonds, the Executive Director shall submit the 19 | |
| 275 | - | proposed award to the Board of Public Works for approval. 20 | |
| 278 | + | (vi) Adopt rules and regulations necessary for the conduct of its own 23 | |
| 279 | + | affairs. 24 | |
| 276 | 280 | ||
| 277 | - | (6) For an emergency procurement that the Executive Director determines 21 | |
| 278 | - | to be necessary to avoid or mitigate serious damage to public health, safety, or welfare, the 22 | |
| 279 | - | Executive Director shall: 23 | |
| 281 | + | (2) The Commission may: 25 | |
| 280 | 282 | ||
| 281 | - | (i) | |
| 282 | - | and | |
| 283 | + | (i) Accept gifts, contributions, or loans of money, supplies, goods, 26 | |
| 284 | + | and services, and accept appropriations, allotments, and loans of money from: 27 | |
| 283 | 285 | ||
| 284 | - | (ii) After awarding the procurement contract, submit to the 26 | |
| 285 | - | Commission and the Secretary a written report that gives the justification for the use of 27 | |
| 286 | - | the emergency procurement procedure. 28 | |
| 286 | + | 1. The State or federal government; 28 | |
| 287 | 287 | ||
| 288 | - | (7) The Executive Director shall adopt a procurement policy that includes 29 | |
| 289 | - | provisions for minority– and women–owned business participation. 30 | |
| 288 | + | 2. A federal corporation; 29 | |
| 289 | + | ||
| 290 | + | 3. A unit or instrumentality of the federal government; or 30 | |
| 290 | 291 | HOUSE BILL 720 7 | |
| 291 | 292 | ||
| 292 | 293 | ||
| 293 | - | (8) This subsection does not apply to procurement in support of enterprise 1 | |
| 294 | - | activities for the purpose of direct resale or remanufacture and subsequent resale. 2 | |
| 294 | + | 4. A political subdivision or instrumentality of the State; 1 | |
| 295 | 295 | ||
| 296 | - | (g) (1) The Commission shall: 3 | |
| 296 | + | (ii) Exercise a power usually possessed by a private corporation in 2 | |
| 297 | + | performing similar functions unless to do so would conflict with State law; and 3 | |
| 297 | 298 | ||
| 298 | - | ( | |
| 299 | - | ||
| 299 | + | (iii) Do all things necessary to carry out the mandates and powers 4 | |
| 300 | + | expressly provided by this section. 5 | |
| 300 | 301 | ||
| 301 | - | (ii) Adopt a capital budget that may use funds from Somerset 6 | |
| 302 | - | County, the City of Crisfield, the State, and other sources to implement the master plan; 7 | |
| 302 | + | (h) There is a Somers Cove Marina Improvement Fund in the Commission, to be 6 | |
| 303 | + | used for the operation, maintenance, development, and improvement of the Somers Cove 7 | |
| 304 | + | Marina facilities in Crisfield, Maryland. 8 | |
| 303 | 305 | ||
| 304 | - | ( | |
| 305 | - | ||
| 306 | + | (i) Any money obtained by the Commission from Somers Cove Marina shall be 9 | |
| 307 | + | credited to the Fund. 10 | |
| 306 | 308 | ||
| 307 | - | 2. Subject to the Secretary’s approval, receive approved 10 | |
| 308 | - | grant amounts at the time of acceptance of a bid or bids for waterway improvement work; 11 | |
| 309 | + | (j) (1) The Commission shall: 11 | |
| 309 | 310 | ||
| 310 | - | (iv) Assess slip and other fees and charges at Somers Cove Marina as 12 | |
| 311 | - | necessary in order to implement the master plan; 13 | |
| 311 | + | (i) Maintain the Fund in a bank account separate from State funds; 12 | |
| 312 | 312 | ||
| 313 | - | ( | |
| 314 | - | and | |
| 313 | + | (ii) Transfer any unencumbered money in the Fund run by the 13 | |
| 314 | + | Department to the Commission’s Fund; and 14 | |
| 315 | 315 | ||
| 316 | - | (vi) Adopt rules and regulations necessary for the conduct of its own 16 | |
| 317 | - | affairs. 17 | |
| 316 | + | (iii) Reimburse the State for the salary of the marina manager. 15 | |
| 318 | 317 | ||
| 319 | - | (2) The | |
| 318 | + | (2) Money of the Fund is: 16 | |
| 320 | 319 | ||
| 321 | - | (i) | |
| 322 | - | ||
| 320 | + | (i) Not money of the State within the meaning of Article VI of the 17 | |
| 321 | + | Maryland Constitution; and 18 | |
| 323 | 322 | ||
| 324 | - | 1. The State or federal government; 21 | |
| 323 | + | (ii) Subject to audit by the State, including the Department and the 19 | |
| 324 | + | Legislative Auditor. 20 | |
| 325 | 325 | ||
| 326 | - | 2. A federal corporation; 22 | |
| 326 | + | (3) Money pledged for use by the State for Somers Cove Marina before the 21 | |
| 327 | + | creation of the Commission shall be used for the same purpose as originally pledged. 22 | |
| 327 | 328 | ||
| 328 | - | 3. A unit or instrumentality of the federal government; or 23 | |
| 329 | + | (k) On or before October 1 of each year, the Commission shall provide to the 23 | |
| 330 | + | Department an accounting of revenues and expenses from Somers Cove Marina for the 24 | |
| 331 | + | previous fiscal year. 25 | |
| 329 | 332 | ||
| 330 | - | 4. A political subdivision or instrumentality of the State; 24 | |
| 333 | + | (l) (1) On November 1, 2011, the Department and the Commission shall begin 26 | |
| 334 | + | to evaluate the Commission’s work so that the Department and the Commission may make 27 | |
| 335 | + | findings and recommendations concerning the Commission’s ability to: 28 | |
| 331 | 336 | ||
| 332 | - | (ii) Exercise a power usually possessed by a private corporation in 25 | |
| 333 | - | performing similar functions unless to do so would conflict with State law; and 26 | |
| 334 | - | ||
| 335 | - | (iii) Do all things necessary to carry out the mandates and powers 27 | |
| 336 | - | expressly provided by this section. 28 | |
| 337 | + | (i) Operate, maintain, develop, and improve Somers Cove Marina in 29 | |
| 338 | + | an effective manner; and 30 | |
| 337 | 339 | 8 HOUSE BILL 720 | |
| 338 | 340 | ||
| 339 | 341 | ||
| 340 | - | (h) There is a Somers Cove Marina Improvement Fund in the Commission, to be 1 | |
| 341 | - | used for the operation, maintenance, development, and improvement of the Somers Cove 2 | |
| 342 | - | Marina facilities in Crisfield, Maryland. 3 | |
| 342 | + | (ii) Afford or assume the costs of operating, maintaining, developing, 1 | |
| 343 | + | and improving Somers Cove Marina, including the salaries of: 2 | |
| 343 | 344 | ||
| 344 | - | (i) Any money obtained by the Commission from Somers Cove Marina shall be 4 | |
| 345 | - | credited to the Fund. 5 | |
| 345 | + | 1. The Executive Director; and 3 | |
| 346 | 346 | ||
| 347 | - | (j) (1) The Commission shall: 6 | |
| 347 | + | 2. Employees of the State who remain working at Somers 4 | |
| 348 | + | Cove Marina. 5 | |
| 348 | 349 | ||
| 349 | - | (i) Maintain the Fund in a bank account separate from State funds; 7 | |
| 350 | + | (2) On November 1, 2013, based on the evaluation undertaken in 6 | |
| 351 | + | accordance with paragraph (1) of this subsection, the Department and the Commission 7 | |
| 352 | + | shall report their findings and recommendations, in accordance with § 2–1257 of the State 8 | |
| 353 | + | Government Article, to the General Assembly.] 9 | |
| 350 | 354 | ||
| 351 | - | (ii) Transfer any unencumbered money in the Fund run by the 8 | |
| 352 | - | Department to the Commission’s Fund; and 9 | |
| 355 | + | 5–908.1. 10 | |
| 353 | 356 | ||
| 354 | - | ||
| 357 | + | THE SECRETARY: 11 | |
| 355 | 358 | ||
| 356 | - | ( | |
| 359 | + | (1) MAY: 12 | |
| 357 | 360 | ||
| 358 | - | (i) | |
| 359 | - | ||
| 361 | + | (I) EXECUTE LEASES OF LAND , BUILDINGS, OR FACILITIES AT 13 | |
| 362 | + | SOMERS COVE MARINA; 14 | |
| 360 | 363 | ||
| 361 | - | (ii) Subject to audit by the State, including the Department and the 14 | |
| 362 | - | Legislative Auditor. 15 | |
| 364 | + | (II) PROCURE AND EXECUTE C ONTRACTS FOR OPERATIONS, 15 | |
| 365 | + | MAINTENANCE , MANAGEMENT , IMPROVEMENTS , EVENTS, OR CONCESSIONS AT 16 | |
| 366 | + | SOMERS COVE MARINA IN ACCORDANCE WITH DIVISION II OF THE STATE FINANCE 17 | |
| 367 | + | AND PROCUREMENT ARTICLE; 18 | |
| 363 | 368 | ||
| 364 | - | ( | |
| 365 | - | ||
| 369 | + | (III) EMPLOY A MARINA MANAG ER WHO IS RESPONSIBL E FOR 19 | |
| 370 | + | THE DAY–TO–DAY OPERATIONS OF SOMERS COVE MARINA; AND 20 | |
| 366 | 371 | ||
| 367 | - | (k) On or before October 1 of each year, the Commission shall provide to the 18 | |
| 368 | - | Department an accounting of revenues and expenses from Somers Cove Marina for the 19 | |
| 369 | - | previous fiscal year. 20 | |
| 372 | + | (IV) EMPLOY ADDITIONAL STA FF TO OPERATE AND MA INTAIN 21 | |
| 373 | + | SOMERS COVE MARINA; AND 22 | |
| 370 | 374 | ||
| 371 | - | (l) (1) On November 1, 2011, the Department and the Commission shall begin 21 | |
| 372 | - | to evaluate the Commission’s work so that the Department and the Commission may make 22 | |
| 373 | - | findings and recommendations concerning the Commission’s ability to: 23 | |
| 375 | + | (2) SHALL: 23 | |
| 374 | 376 | ||
| 375 | - | (i) | |
| 376 | - | ||
| 377 | + | (I) IF APPLICABLE, SET THE COMPENSATION FOR A MANAGER 24 | |
| 378 | + | AND STAFF EMPLOYED UNDER ITEM (1)(III) AND (IV) OF THIS SECTION; 25 | |
| 377 | 379 | ||
| 378 | - | (ii) Afford or assume the costs of operating, maintaining, developing, 26 | |
| 379 | - | and improving Somers Cove Marina, including the salaries of: 27 | |
| 380 | - | ||
| 381 | - | 1. The Executive Director; and 28 | |
| 382 | - | ||
| 383 | - | 2. Employees of the State who remain working at Somers 29 | |
| 384 | - | Cove Marina. 30 | |
| 380 | + | (II) ON OR BEFORE OCTOBER 1, 2027, DEVELOP A MASTER 26 | |
| 381 | + | PLAN FOR THE OPERATIONS , MAINTENANCE , DEVELOPMENT , AND IMPROVEMENT 27 | |
| 382 | + | OF SOMERS COVE MARINA THAT IMPROVES SERVICES TO THE GENE RAL BOATING 28 | |
| 383 | + | PUBLIC; AND 29 | |
| 385 | 384 | HOUSE BILL 720 9 | |
| 386 | 385 | ||
| 387 | 386 | ||
| 388 | - | (2) On November 1, 2013, based on the evaluation undertaken in 1 | |
| 389 | - | accordance with paragraph (1) of this subsection, the Department and the Commission 2 | |
| 390 | - | shall report their findings and recommendations, in accordance with § 2–1257 of the State 3 | |
| 391 | - | Government Article, to the General Assembly.] 4 | |
| 387 | + | (III) ON OR BEFORE OCTOBER 1, 2032, AND OCTOBER 1 EVERY 1 | |
| 388 | + | 5 YEARS THEREAFTER , UPDATE THE MASTER PL AN DEVELOPED UNDER ITEM (II) OF 2 | |
| 389 | + | THIS ITEM. 3 | |
| 392 | 390 | ||
| 393 | - | 5–908.1. 5 | |
| 394 | - | ||
| 395 | - | (A) THE SECRETARY: 6 | |
| 396 | - | ||
| 397 | - | (1) MAY: 7 | |
| 398 | - | ||
| 399 | - | (I) EXECUTE LEASES OF LAN D, BUILDINGS, OR FACILITIES AT 8 | |
| 400 | - | SOMERS COVE MARINA; 9 | |
| 401 | - | ||
| 402 | - | (II) PROCURE AND EXECUTE C ONTRACTS FOR OPERATI ONS, 10 | |
| 403 | - | MAINTENANCE , MANAGEMENT , IMPROVEMENTS , EVENTS, OR CONCESSIONS AT 11 | |
| 404 | - | SOMERS COVE MARINA IN ACCORDANCE WITH DIVISION II OF THE STATE FINANCE 12 | |
| 405 | - | AND PROCUREMENT ARTICLE; 13 | |
| 406 | - | ||
| 407 | - | (III) EMPLOY A MARINA MANAG ER WHO IS RES PONSIBLE FOR 14 | |
| 408 | - | THE DAY–TO–DAY OPERATIONS OF SOMERS COVE MARINA; AND 15 | |
| 409 | - | ||
| 410 | - | (IV) EMPLOY ADDITIONAL STA FF TO OPERATE AND MA INTAIN 16 | |
| 411 | - | SOMERS COVE MARINA; AND 17 | |
| 412 | - | ||
| 413 | - | (V) ASSESS SLIP AND OTHER FEES AND CHARGES AS 18 | |
| 414 | - | NECESSARY TO OPERATE , MAINTAIN, MANAGE, AND IMPROVE SOMERS COVE 19 | |
| 415 | - | MARINA; AND 20 | |
| 416 | - | ||
| 417 | - | (2) SHALL: 21 | |
| 418 | - | ||
| 419 | - | (I) IF APPLICABLE, SET THE COMPENSATION FOR A MANAGER 22 | |
| 420 | - | AND STAFF EMPLOYED U NDER ITEM (1)(III) AND (IV) OF THIS SECTION; 23 | |
| 421 | - | ||
| 422 | - | (II) ON OR BEFORE OCTOBER 1, 2027, DEVELOP A MASTER 24 | |
| 423 | - | PLAN FOR THE OPERATI ONS, MAINTENANCE , DEVELOPMENT , AND IMPROVEMENT 25 | |
| 424 | - | OF SOMERS COVE MARINA THAT IMPROVES SERVICES TO THE GENE RAL BOATING 26 | |
| 425 | - | PUBLIC; AND 27 | |
| 426 | - | ||
| 427 | - | (III) ON OR BEFORE OCTOBER 1, 2032, AND OCTOBER 1 EVERY 28 | |
| 428 | - | 5 YEARS THEREAFTER , UPDATE THE MASTER PL AN DEVELOPED UNDER I TEM (II) OF 29 | |
| 429 | - | THIS ITEM. 30 | |
| 430 | - | ||
| 431 | - | (B) ALL REVENUE RECEIVED BY THE DEPARTMENT FROM MANAG ING, 31 | |
| 432 | - | OPERATING, MAINTAINING, IMPROVING, AND DEVELOPING SOMERS COVE MARINA 32 10 HOUSE BILL 720 | |
| 433 | - | ||
| 434 | - | ||
| 435 | - | SHALL BE DEPOSITED I NTO THE NATURAL RESOURCES PROPERTY MAINTENANCE 1 | |
| 436 | - | FUND ESTABLISHED UNDE R § 5–909 OF THIS SUBTITLE. 2 | |
| 437 | - | ||
| 438 | - | 5–908.2. 3 | |
| 439 | - | ||
| 440 | - | (A) IN THIS SECTION, “COMMISSION” MEANS THE SOMERS COVE MARINA 4 | |
| 441 | - | ADVISORY COMMISSION. 5 | |
| 442 | - | ||
| 443 | - | (B) (1) THERE IS A SOMERS COVE MARINA ADVISORY COMMISSION IN 6 | |
| 444 | - | THE DEPARTMENT . 7 | |
| 445 | - | ||
| 446 | - | (2) (I) THE COMMISSION SHALL CONS IST OF THE FOLLOWING 8 | |
| 447 | - | MEMBERS: 9 | |
| 448 | - | ||
| 449 | - | 1. ONE REPRESENTATIVE FR OM SOMERSET COUNTY, 10 | |
| 450 | - | APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS OF SOMERSET COUNTY; 11 | |
| 451 | - | ||
| 452 | - | 2. ONE REPRESENTATIVE FR OM THE CITY OF 12 | |
| 453 | - | CRISFIELD, APPOINTED BY THE MAYOR OF CRISFIELD; 13 | |
| 454 | - | ||
| 455 | - | 3. THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 14 | |
| 456 | - | ||
| 457 | - | 4. ONE REPRESENTATIVE FR OM THE COMMERCIAL 15 | |
| 458 | - | FISHING INDUSTRY ; 16 | |
| 459 | - | ||
| 460 | - | 5. ONE REPRESENTATIVE FR OM THE ECONOMIC 17 | |
| 461 | - | DEVELOPMENT OR TOURI SM INDUSTRY; 18 | |
| 462 | - | ||
| 463 | - | 6. ONE REPRESENTATIVE OF SAILBOAT OWNERS , WHO 19 | |
| 464 | - | MAY BE A CURRENT SLI P HOLDER AT SOMERS COVE MARINA; AND 20 | |
| 465 | - | ||
| 466 | - | 7. ONE REPRESENTATIVE OF POWER BOAT OWNERS , 21 | |
| 467 | - | WHO MAY BE A CURRENT SLIP HOLDER AT SOMERS COVE MARINA. 22 | |
| 468 | - | ||
| 469 | - | (II) THE COMPOSITION OF TH E COMMISSION SHALL 23 | |
| 470 | - | CONSTITUTE A DIVERSE CROSS–SECTION OF STAKEHOLD ERS BROADLY 24 | |
| 471 | - | REPRESENTATIVE OF MU LTIPLE INTERESTS INC LUDING TOURISM, ECONOMIC 25 | |
| 472 | - | DEVELOPMENT , BUSINESS COMMUNITIES , FISHING, AND BOATING. 26 | |
| 473 | - | ||
| 474 | - | (3) FROM AMONG ITS MEMBER S, THE COMMISSION SHALL ELEC T A 27 | |
| 475 | - | CHAIR AND A VICE CHA IR. 28 | |
| 476 | - | ||
| 477 | - | (4) (I) THE TERM OF A MEMBER IS 4 YEARS. 29 | |
| 478 | - | HOUSE BILL 720 11 | |
| 479 | - | ||
| 480 | - | ||
| 481 | - | (II) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE 1 | |
| 482 | - | UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 2 | |
| 483 | - | ||
| 484 | - | (III) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 3 | |
| 485 | - | SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 4 | |
| 486 | - | AND QUALIFIES. 5 | |
| 487 | - | ||
| 488 | - | (5) THE COMMISSION SHALL MEET AT LEAST BIANNUALLY . 6 | |
| 489 | - | ||
| 490 | - | (C) THE COMMISSION SHALL ADVI SE THE SECRETARY ON MATTERS 7 | |
| 491 | - | RELATED TO THE MANAG EMENT, OPERATION, MAINTENANCE , AND DEVELOPMENT 8 | |
| 492 | - | OF SOMERS COVE MARINA. 9 | |
| 493 | - | ||
| 494 | - | 5–909. 10 | |
| 495 | - | ||
| 496 | - | (a) In this section, “Fund” means the Natural Resources Property Maintenance 11 | |
| 497 | - | Fund. 12 | |
| 498 | - | ||
| 499 | - | [(b) The Natural Resources Property Maintenance Fund is created within the 13 | |
| 500 | - | Department to be used for the maintenance, repair, and management of property owned by 14 | |
| 501 | - | the Department. 15 | |
| 502 | - | ||
| 503 | - | (c) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 16 | |
| 504 | - | the State Finance and Procurement Article. 17 | |
| 505 | - | ||
| 506 | - | (2) Any investment earnings of the Fund shall be credited to the General 18 | |
| 507 | - | Fund of the State. 19 | |
| 508 | - | ||
| 509 | - | (3) Money in the Fund may be used for administrative costs calculated in 20 | |
| 510 | - | accordance with § 1–103(b)(2) of this article.] 21 | |
| 511 | - | ||
| 512 | - | (B) THERE IS A NATURAL RESOURCES PROPERTY MAINTENANCE FUND IN 22 | |
| 513 | - | THE DEPARTMENT . 23 | |
| 514 | - | ||
| 515 | - | (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 24 | |
| 516 | - | ||
| 517 | - | (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 25 | |
| 518 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26 | |
| 519 | - | ||
| 520 | - | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 27 | |
| 521 | - | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28 | |
| 522 | - | ||
| 523 | - | (E) THE FUND CONSISTS OF : 29 | |
| 524 | - | ||
| 525 | - | (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 30 12 HOUSE BILL 720 | |
| 526 | - | ||
| 527 | - | ||
| 528 | - | ||
| 529 | - | (2) REVENUE DEPOSITED INT O THE FUND IN ACCORDANCE WI TH § 1 | |
| 530 | - | 5–908.1(B) OF THIS SUBTITLE; 2 | |
| 531 | - | ||
| 532 | - | (3) INTEREST EARNINGS ; AND 3 | |
| 533 | - | ||
| 534 | - | (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 4 | |
| 535 | - | THE BENEFIT OF THE FUND. 5 | |
| 536 | - | ||
| 537 | - | (F) THE FUND MAY BE USED ONLY FOR: 6 | |
| 538 | - | ||
| 539 | - | (1) MAINTAINING, REPAIRING, AND MANAGING PROPERT Y OWNED BY 7 | |
| 540 | - | THE DEPARTMENT ; 8 | |
| 541 | - | ||
| 542 | - | (2) MANAGING, OPERATING, MAINTAINING, AND DEVELOPING 9 | |
| 543 | - | SOMERS COVE MARINA; AND 10 | |
| 544 | - | ||
| 545 | - | (3) ADMINISTRATIVE EXPENS ES CALCULATED IN ACC ORDANCE WITH 11 | |
| 546 | - | § 1–103(B)(2) OF THIS ARTICLE. 12 | |
| 547 | - | ||
| 548 | - | (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 13 | |
| 549 | - | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 14 | |
| 550 | - | ||
| 551 | - | (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 15 | |
| 552 | - | THE FUND. 16 | |
| 553 | - | ||
| 554 | - | (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17 | |
| 555 | - | WITH THE STATE BUDGET . 18 | |
| 556 | - | ||
| 557 | - | Article – State Finance and Procurement 19 | |
| 558 | - | ||
| 559 | - | 6–226. 20 | |
| 560 | - | ||
| 561 | - | (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 21 | |
| 562 | - | through 2028. 22 | |
| 563 | - | ||
| 564 | - | 2. Notwithstanding any other provision of law, and unless 23 | |
| 565 | - | inconsistent with a federal law, grant agreement, or other federal requirement or with the 24 | |
| 566 | - | terms of a gift or settlement agreement, net interest on all State money allocated by the 25 | |
| 567 | - | State Treasurer under this section to special funds or accounts, and otherwise entitled to 26 | |
| 568 | - | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 27 | |
| 569 | - | Fund of the State. 28 | |
| 570 | - | ||
| 571 | - | (ii) The provisions of subparagraph (i) of this paragraph do not apply 29 | |
| 572 | - | to the following funds: 30 HOUSE BILL 720 13 | |
| 573 | - | ||
| 574 | - | ||
| 575 | - | ||
| 576 | - | 204. the Victims of Domestic Violence Program Grant Fund; 1 | |
| 577 | - | [and] 2 | |
| 578 | - | ||
| 579 | - | 205. the Proposed Programs Collaborative Grant Fund; AND 3 | |
| 580 | - | ||
| 581 | - | 206. THE NATURAL RESOURCES PROPERTY 4 | |
| 582 | - | MAINTENANCE FUND. 5 | |
| 583 | - | ||
| 584 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Department of Natural 6 | |
| 585 | - | Resources shall strive to ensure that current members of the Somers Cove Marina 7 | |
| 586 | - | Commission are appointed to the Somers Cove Marina Advisory Commission. 8 | |
| 587 | - | ||
| 588 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Department of Natural 9 | |
| 589 | - | Resources and the Somers Cove Marina Commission shall work cooperatively to ensure the 10 | |
| 590 | - | continuity of operations at the marina as management responsibilities are transferred from 11 | |
| 591 | - | the Commission to the Department, including any necessary assignments of contracts and 12 | |
| 592 | - | negotiation or renegotiation of agreements related to the facility, property, management, 13 | |
| 593 | - | maintenance, service, and staffing. 14 | |
| 594 | - | ||
| 595 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, on or before October 1, 2025, 15 | |
| 596 | - | the Somers Cove Marina Commission shall transfer the remaining balance from the Somers 16 | |
| 597 | - | Cove Marina Improvement Fund to the Natural Resources Property Maintenance Fund 17 | |
| 598 | - | established under § 5–909 of the Natural Resources Article, including any unencumbered 18 | |
| 599 | - | funds, accounts receivable, and cancelled encumbrances. 19 | |
| 600 | - | ||
| 601 | - | SECTION 2 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 | |
| 602 | - | October 1, 2025. 21 | |
| 603 | - | ||
| 604 | - | ||
| 605 | - | ||
| 606 | - | ||
| 607 | - | Approved: | |
| 608 | - | ________________________________________________________________________________ | |
| 609 | - | Governor. | |
| 610 | - | ________________________________________________________________________________ | |
| 611 | - | Speaker of the House of Delegates. | |
| 612 | - | ________________________________________________________________________________ | |
| 613 | - | President of the Senate. | |
| 391 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 | |
| 392 | + | October 1, 2025. 5 |