EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0935* SENATE BILL 935 R2, Q4, Q6 5lr2990 By: Senator Benson Introduced and read first time: January 28, 2025 Assigned to: Budget and Taxation and Finance A BILL ENTITLED AN ACT concerning 1 Transportation – Regional Authorities – Established 2 FOR the purpose of authorizing certain counties to impose certain transportation authority 3 sales tax surcharges, hotel surcharges, and transfer tax surcharges; establishing the 4 Baltimore region, Capital region, and Southern Maryland region transportation 5 authorities to develop and implement certain transportation plans; establishing the 6 Baltimore region, Capital region, and Southern Maryland region transportation 7 funds as special, nonlapsing funds; requiring interest earnings of the funds to be 8 credited to the funds; authorizing a transportation authority to issue certain bonds 9 payable from certain revenues; and generally relating to regional transportation 10 authorities. 11 BY repealing and reenacting, without amendments, 12 Article – State Finance and Procurement 13 Section 6–226(a)(2)(i) 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2024 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – State Finance and Procurement 18 Section 6–226(a)(2)(ii)204. and 205. 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2024 Supplement) 21 BY adding to 22 Article – State Finance and Procurement 23 Section 6–226(a)(2)(ii)206., 207., and 208. 24 Annotated Code of Maryland 25 (2021 Replacement Volume and 2024 Supplement) 26 BY repealing and reenacting, without amendments, 27 2 SENATE BILL 935 Article – Tax – General 1 Section 1–101(a) 2 Annotated Code of Maryland 3 (2022 Replacement Volume and 2024 Supplement) 4 BY adding to 5 Article – Tax – General 6 Section 1–101(c–1), (d–1), and (t–1) and 11–104(l) 7 Annotated Code of Maryland 8 (2022 Replacement Volume and 2024 Supplement) 9 BY repealing and reenacting, with amendments, 10 Article – Tax – General 11 Section 2–1303 and 11–102 12 Annotated Code of Maryland 13 (2022 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Tax – Property 16 Section 13–401 and 13–402.1 17 Annotated Code of Maryland 18 (2019 Replacement Volume and 2024 Supplement) 19 BY adding to 20 Article – Tax – Property 21 Section 13–414 22 Annotated Code of Maryland 23 (2019 Replacement Volume and 2024 Supplement) 24 BY adding to 25 Article – Transportation 26 Section 10.5–101 through 10.5–413 to be under the new title “Title 10.5. Regional 27 Transportation Authorities” 28 Annotated Code of Maryland 29 (2020 Replacement Volume and 2024 Supplement) 30 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31 That the Laws of Maryland read as follows: 32 Article – State Finance and Procurement 33 6–226. 34 (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 35 through 2028. 36 SENATE BILL 935 3 2. Notwithstanding any other provision of law, and unless 1 inconsistent with a federal law, grant agreement, or other federal requirement or with the 2 terms of a gift or settlement agreement, net interest on all State money allocated by the 3 State Treasurer under this section to special funds or accounts, and otherwise entitled to 4 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5 Fund of the State. 6 (ii) The provisions of subparagraph (i) of this paragraph do not apply 7 to the following funds: 8 204. the Victims of Domestic Violence Program Grant Fund; 9 [and] 10 205. the Proposed Programs Collaborative Grant Fund; 11 206. THE BALTIMORE REGION TRANSPORTATION FUND; 12 207. THE CAPITAL REGION TRANSPORTATION FUND; AND 13 208. THE SOUTHERN MARYLAND REGION 14 TRANSPORTATION FUND. 15 Article – Tax – General 16 1–101. 17 (a) In this article the following words have the meanings indicated. 18 (C–1) “BALTIMORE REGION” HAS THE MEANING STAT ED IN § 10.5–101 OF THE 19 TRANSPORTATION ARTICLE. 20 (D–1) “CAPITAL REGION” HAS THE MEANING STAT ED IN § 10.5–201 OF THE 21 TRANSPORTATION ARTICLE. 22 (T–1) “SOUTHERN MARYLAND REGION” HAS THE MEANING STAT ED IN § 23 10.5–301 OF THE TRANSPORTATION ARTICLE. 24 2–1303. 25 After making the distributions required under §§ 2–1301 through 2–1302.4 of this 26 subtitle, the Comptroller shall pay: 27 (1) revenues from the hotel surcharge into the Dorchester County 28 Economic Development Fund established under § 10–130 of the Economic Development 29 Article; 30 4 SENATE BILL 935 (2) REVENUES FROM THE TRANSPORTAT ION AUTHORITY SURCHA RGE 1 AUTHORIZED UNDER § 11–102(C)(1) OF THIS ARTICLE THAT ARE ATTRIBUTABLE TO 2 RETAIL SALES IN A COUNTY IN THE BALTIMORE REGION OR USES, IN A COUNTY IN 3 THE BALTIMORE REGION, OF TANGIBLE PERSONAL PROPERTY, A DIGITAL CODE, A 4 DIGITAL PRODUCT , OR A TAXABLE SERVICE TO THE BALTIMORE REGION 5 TRANSPORTATION FUND ESTABLISHED UNDE R § 10.5–109 OF THE 6 TRANSPORTATION ARTICLE; 7 (3) REVENUES FROM THE TRANSPORTAT ION AUTHORITY HOTEL 8 SURCHARGE AUTHORIZED UNDER § 11–102(C)(2) OF THIS ARTICLE THAT ARE 9 ATTRIBUTABLE TO THE TRANSPORTATION AUTHO RITY HOTEL SURCHARGE IN A 10 COUNTY IN THE BALTIMORE REGION TO THE BALTIMORE REGION 11 TRANSPORTATION FUND ESTABLIS HED UNDER § 10.5–109 OF THE 12 TRANSPORTATION ARTICLE; 13 (4) REVENUES FROM THE TRANSPORTAT ION AUTHORITY SURCHA RGE 14 AUTHORIZED UNDER § 11–102(C)(1) OF THIS ARTICLE THAT ARE ATTRIBUTABLE TO 15 RETAIL SALES IN A COUNTY IN THE CAPITAL REGION OR USES, IN A COUNTY IN THE 16 CAPITAL REGION, OF TANGIBLE PERSONAL PROPERTY, A DIGITAL CODE, A DIGITAL 17 PRODUCT, OR A TAXABLE SERVICE TO THE CAPITAL REGION TRANSPORTATION 18 FUND ESTABLISHED UNDE R § 10.5–209 OF THE TRANSPORTATION ARTICLE; 19 (5) REVENUES FROM THE TRANSPORTAT ION AUTHORI TY HOTEL 20 SURCHARGE AUTHORIZED UNDER § 11–102(C)(2) OF THIS ARTICLE THAT ARE 21 ATTRIBUTABLE TO THE TRANSPORTATION AUTHO RITY HOTEL SURCHARGE IN A 22 COUNTY IN THE CAPITAL REGION TO THE CAPITAL REGION TRANSPORTATION 23 FUND ESTABLISHED UNDE R § 10.5–209 OF THE TRANSPORTATION ARTICLE; 24 (6) REVENUES FROM THE TRANSPORTAT ION AUTHORITY SURCHA RGE 25 AUTHORIZED UNDER § 11–102(C)(1) OF THIS ARTICLE THAT ARE ATTRIBUTABLE TO 26 RETAIL SALES IN A COUNTY IN THE SOUTHERN MARYLAND REGION OR USES, IN A 27 COUNTY IN THE SOUTHERN MARYLAND REGION, OF TANGIBLE PERSONAL 28 PROPERTY, A DIGITAL CODE, A DIGITAL PRODUCT , OR A TAXABLE SERVICE TO THE 29 SOUTHERN MARYLAND REGION TRANSPORTATION FUND ESTABLISHED UNDE R § 30 10.5–309 OF THE TRANSPORTATI ON ARTICLE; 31 (7) REVENUES FROM THE TRANSPORTAT ION AUTHORITY HOTEL 32 SURCHARGE AUTHORIZED UNDER § 11–102(C)(2) OF THIS ARTICLE THAT ARE 33 ATTRIBUTABLE TO THE TRANSPORTATION AUTHO RITY HOTEL SURCHARGE IN A 34 COUNTY IN THE SOUTHERN MARYLAND REGION TO THE SOUTHERN MARYLAND 35 REGION TRANSPORTATION FUND ESTABLISHED UNDE R § 10.5–309 OF THE 36 TRANSPORTATION ARTICLE; 37 SENATE BILL 935 5 [(2)] (8) to the Blueprint for Maryland’s Future Fund established under 1 § 5–206 of the Education Article, the following percentage of the remaining sales and use 2 tax revenues: 3 (i) for fiscal year 2023, 9.2%; 4 (ii) for fiscal year 2024, 11.0%; 5 (iii) for fiscal year 2025, 11.3%; 6 (iv) for fiscal year 2026, 11.7%; and 7 (v) for fiscal year 2027 and each fiscal year thereafter, 12.1%; and 8 [(3)] (9) the remaining sales and use tax revenue into the General Fund 9 of the State. 10 11–102. 11 (a) Except as otherwise provided in this title, a tax is imposed on: 12 (1) a retail sale in the State; and 13 (2) a use, in the State, of tangible personal property, a digital code, a digital 14 product, or a taxable service. 15 (b) (1) Subject to paragraph (2) of this subsection, in addition to the tax 16 imposed under subsection (a) of this section, a hotel surcharge is imposed in Dorchester 17 County on the sale of a right to occupy a room or lodgings as a transient guest in an 18 establishment that offers at least 380 rooms. 19 (2) The hotel surcharge imposed under paragraph (1) of this subsection 20 may not be imposed if the Maryland Economic Development Corporation certifies to the 21 Comptroller that the bonds issued by the Maryland Economic Development Corporation 22 secured by the Dorchester County Economic Development Fund established under § 23 10–130 of the Economic Development Article have been paid in full. 24 (c) (1) IN ADDITION TO THE TAX IMPOSED UNDER SUBSEC TION (A) OF 25 THIS SECTION, A COUNTY LOCATED IN THE BALTIMORE REGION, CAPITAL REGION, 26 OR SOUTHERN MARYLAND REGION MAY IMPOSE , BY LAW, A TRANSPORTATION 27 AUTHORITY SURCHARGE ON: 28 (I) A RETAIL SALE IN THE COUNTY; AND 29 (II) A USE IN THE COUNTY OF TANGIBLE PERSONAL PROPERTY, 30 A DIGITAL CODE, A DIGITAL PRODUCT , OR A TAXABLE SERVICE . 31 6 SENATE BILL 935 (2) IN ADDITION TO THE TA X IMPOSED UNDER SUBS ECTION (A) OF 1 THIS SECTION AND THE SURCHARGE IMPOSED UN DER PARAGRAPH (1) OF THIS 2 SUBSECTION, A COUNTY LOCATED IN THE BALTIMORE REGION, CAPITAL REGION, 3 OR SOUTHERN MARYLAND REGION MAY IMPOSE , BY LAW, A TRANSPORTATION 4 AUTHORITY HOTEL SURC HARGE ON THE SALE OF A RIGHT TO OCCUPY A ROOM OR 5 LODGINGS AS A TRANSI ENT GUEST. 6 (3) (I) A SURCHARGE AUTHORIZED UNDER THIS SUBSECTIO N 7 CONTINUES UNTIL THE COUNTY CHANGES THE S URCHARGE OR RATE BY LAW. 8 (II) IF A COUNTY IMPOSES O R CHANGES THE RATE O F A 9 SURCHARGE , THE SURCHARGE IS EFF ECTIVE ON JANUARY 1 OF THE YEAR THAT THE 10 COUNTY DESIGNATES . 11 (III) A COUNTY SHAL L GIVE THE COMPTROLLER NOTICE OF THE 12 IMPOSITION OF THE SU RCHARGE OR A CHANGE IN THE RATE OF THE S URCHARGE 13 ON OR BEFORE JULY 1 PRIOR TO ITS EFFECTI VE DATE. 14 (D) (1) [A] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A 15 county, municipal corporation, special taxing district, or other political subdivision of the 16 State may not impose any retail sales or use tax except: 17 (i) a sales tax or use tax that was in effect on January 1, 1971; 18 (ii) a tax on the sale or use of: 19 1. fuels; 20 2. utilities; 21 3. space rentals; or 22 4. any controlled dangerous substance, as defined in § 5–101 23 of the Criminal Law Article, unless the sale is made by a person who registers under and 24 complies with Title 5, Subtitle 3 of the Criminal Law Article; or 25 (iii) a tax imposed by a code county on the sale or use of food and 26 beverages authorized under § 20–602 of the Local Government Article. 27 (2) Paragraph (1) of this subsection may not be construed as conferring 28 authority to impose a sales and use tax. 29 11–104. 30 SENATE BILL 935 7 (L) (1) THE RATE OF THE TRANS PORTATION AUTHORITY SURCHARGE 1 AUTHORIZED UNDER § 11–102(C)(1) OF THIS SUBTITLE MAY NOT EXCEED 1%. 2 (2) THE RATE OF THE TRANS PORTATION AUTHORITY HOTEL 3 SURCHARGE AUTHORIZED UNDER § 11–102(C)(2) OF THIS SUBTITLE MAY NOT 4 EXCEED 2%. 5 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6 as follows: 7 Article – Tax – Property 8 13–401. 9 (A) In this subtitle[, “county] THE FOLLOWING WORDS HAVE THE MEANINGS 10 INDICATED. 11 (B) “BALTIMORE REGION” HAS THE MEANING STAT ED IN § 10.5–101 OF THE 12 TRANSPORTATION ARTICLE. 13 (C) “CAPITAL REGION” HAS THE MEANING STAT ED IN § 10.5–201 OF THE 14 TRANSPORTATION ARTICLE. 15 (D) “COUNTY transfer tax” means the transfer tax imposed by a county. 16 (E) “SOUTHERN MARYLAND REGION” HAS THE MEANING STAT ED IN § 17 10.5–301 OF THE TRANSPORTATION ARTICLE. 18 13–402.1. 19 (a) The governing body of a county that has adopted home rule powers under 20 Article XI–F of the Maryland Constitution may impose a transfer tax on an instrument of 21 writing: 22 (1) recorded with the clerk of the circuit court for the county; or 23 (2) filed with the Department. 24 (b) A transfer tax imposed under this section: 25 (1) may not exceed 0.5%; and 26 (2) does not apply to an instrument of writing exempt from the State 27 transfer tax under § 13–207 of this title. 28 8 SENATE BILL 935 (C) (1) IN ADDITION TO THE TR ANSFER TAX IMPOSED U NDER 1 SUBSECTION (A) OF THIS SECTION, A COUNTY LOCATED IN THE BALTIMORE REGION, 2 CAPITAL REGION, OR SOUTHERN MARYLAND REGION MAY IMPOSE A 3 TRANSPORTATION AUTHO RITY TRANSFER TAX SU RCHARGE ON AN INSTRU MENT OF 4 WRITING THAT TRANSFE RS PROPERTY AND IS R ECORDED WITH THE CLE RK OF THE 5 CIRCUIT COURT FOR A COUNTY THAT IS LOCAT ED WITHIN THE BALTIMORE REGION, 6 THE CAPITAL REGION, OR THE SOUTHERN MARYLAND REGION. 7 (2) THE TRANSPORTATION AU THORITY TRANSFER TAX SURCHARGE 8 AUTHORIZED UNDER THI S SUBSECTION MAY NOT EXCEED 0.15%. 9 13–414. 10 (A) THE REVENUE FROM THE TRANSPORTATION AUTHO RITY TRANSFER TAX 11 SURCHARGE ON AN INST RUMENT OF WRITING RECORDED WITH THE CL ERK OF THE 12 CIRCUIT COURT FOR A COUNTY THAT IS LOCAT ED WITHIN THE BALTIMORE REGION 13 SHALL BE DISTRIBUTED TO THE BALTIMORE REGION TRANSPORTATION FUND 14 ESTABLISHED UNDER § 10.5–109 OF THE TRANSPORTATION ARTICLE. 15 (B) THE REVENUE FROM THE TRANSPORTATION AUTHOR ITY TRANSFER TAX 16 SURCHARGE ON AN INST RUMENT OF WRITING RE CORDED WITH THE CLER K OF THE 17 CIRCUIT COURT FOR A COUNTY THAT IS LOCAT ED WITHIN THE CAPITAL REGION 18 SHALL BE DISTRIBUTED TO THE CAPITAL REGION TRANSPORTATION FUND 19 ESTABLISHED UNDER § 10.5–209 OF THE TRANSPORTATION ARTICLE. 20 (C) THE REVENUE FROM THE TRANSPORTATION AUTHO RITY TRANSFER TAX 21 SURCHARGE ON AN INST RUMENT OF WRITING RE CORDED WITH THE CLER K OF THE 22 CIRCUIT COURT FOR A COUNTY THAT IS LOCAT ED WITHIN THE SOUTHERN 23 MARYLAND REGION SHALL BE DISTRIBUTED TO THE SOUTHERN MARYLAND 24 REGION TRANSPORTATION FUND ESTABLISHED UNDE R § 10.5–309 OF THE 25 TRANSPORTATION ARTICLE. 26 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27 as follows: 28 Article – Transportation 29 TITLE 10.5. REGIONAL TRANSPORTATION AUTHORITIES. 30 SUBTITLE 1. BALTIMORE REGION TRANSPORTATION AUTHORITY. 31 10.5–101. 32 SENATE BILL 935 9 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1 INDICATED. 2 (B) “AUTHORITY” MEANS THE BALTIMORE REGION TRANSPORTATION 3 AUTHORITY. 4 (C) “BALTIMORE REGION” MEANS ANNE ARUNDEL COUNTY, BALTIMORE 5 COUNTY, BALTIMORE CITY, HARFORD COUNTY, AND HOWARD COUNTY. 6 (D) “TRANSPORTATION FACILI TY” HAS THE MEANING STAT ED IN § 3–101 OF 7 THIS ARTICLE. 8 10.5–102. 9 (A) THERE IS A BALTIMORE REGION TRANSPORTATIO N AUTHORITY. 10 (B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN 11 INSTRUMENTALITY OF T HE STATE. 12 (C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 13 IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 14 (D) THE GOVERNING BODY OF A COUNTY LOCATED IN THE BALTIMORE 15 REGION MAY ELECT, BY LAW, TO BE A MEMBER OF TH E AUTHORITY. 16 10.5–103. 17 THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT 18 INVESTMENTS IN TRANS PORTATION PROJECTS T HAT MAXIMIZE THE MOV EMENT OF 19 PEOPLE AND PROMOTE EFF ICIENCY, SAFETY, AND OTHER VALUES SUC H AS 20 ENVIRONMENTAL AND SO CIAL JUSTICE IMPACTS . 21 10.5–104. 22 (A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBER S: 23 (1) IF THE GOVERNING BODY OF BALTIMORE CITY ELECTS TO 24 BECOME A MEMBER OF T HE AUTHORITY, THE MAYOR OF BALTIMORE CITY, OR THE 25 MAYOR’S DESIGNEE; 26 (2) IF THE GOVERNING BODY OF ANNE ARUNDEL COUNTY ELECTS TO 27 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF ANNE 28 ARUNDEL COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 29 10 SENATE BILL 935 (3) IF THE GOVERN ING BODY OF BALTIMORE COUNTY ELECTS TO 1 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF BALTIMORE 2 COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 3 (4) IF THE GOVERNING BODY OF HARFORD COUNTY ELECTS TO 4 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF HARFORD 5 COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 6 (5) IF THE GOVERNING BODY OF HOWARD COUNTY ELECTS TO 7 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF HOWARD 8 COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 9 (6) ONE ELECTED OFFICIA L FROM EACH MUNICIPA LITY WITHIN THE 10 BALTIMORE REGION, APPOINTED BY THE GOV ERNING BODY OF THE M UNICIPALITY; 11 (7) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 12 WITHIN THE BALTIMORE REGION, APPOINTED BY THE PRESIDENT OF THE SENATE; 13 (8) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 14 WITHIN THE BALTIMORE REGION, APPOINTED BY THE SPEAKER OF THE HOUSE; 15 AND 16 (9) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 17 PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 18 APPOINTED BY THE GOVERNOR. 19 (B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 20 (C) (1) THE TERM OF A MEMBER IS 4 YEARS. 21 (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 23 (D) FROM AMONG ITS MEMBER S, THE AUTHORITY SHALL EL ECT A CHAIR 24 AND A VICE CHAIR. 25 (E) THE AUTHORITY SHALL ADOPT RULES AND REGULATION S NECESSARY 26 FOR THE CONDUCT OF I TS AFFAIRS. 27 10.5–105. 28 SENATE BILL 935 11 (A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 1 SERVE AS THE CHIEF E XECUTIVE OFFICER OF THE AUTHORITY. 2 (2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 3 THE AUTHORITY. 4 (B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 5 AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 6 EXPERTS AND ATTORNEY S, AND SET THEIR COMPEN SATION. 7 10.5–106. 8 (A) THE AUTHORITY MAY : 9 (1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSIN ESS; 10 (2) ADOPT A SEAL; 11 (3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 12 (4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 13 FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 14 UNIVERSITY, OR A PRIVATE SOURCE ; 15 (5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 16 (6) SUE OR BE SUED; 17 (7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 18 (I) A FRANCHISE, PATENT, OR LICENSE; 19 (II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 20 CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS , OR OTHER 21 ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 22 (III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 23 PROPERTY; OR 24 (IV) AN INTEREST IN A PROP ERTY LISTED UNDER IT EMS (I) 25 THROUGH (III) OF THIS ITEM; 26 12 SENATE BILL 935 (8) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 1 DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 2 (9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 3 CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE; 4 (10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 5 LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 6 OPERATED FOR PROFIT OR NOT FOR PROFIT ; 7 (11) EXERCISE POWER USUALLY PO SSESSED BY A PRIVATE 8 CORPORATION IN PERFO RMING SIMILAR FUNCTI ONS UNLESS TO DO SO WOULD 9 CONFLICT WITH STATE LAW; AND 10 (12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 11 POWERS GRANTED BY TH IS SUBTITLE. 12 (B) THE AUTHORITY MAY DELEGATE ANY POWER O R DUTY IT CONSIDERS 13 APPROPRIATE TO A MEM BER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF TH E 14 AUTHORITY. 15 10.5–107. 16 (A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL TRANSPORTATION 17 PLAN FOR THE BALTIMORE REGION THAT INCLUDES TRANSP ORTATION 18 IMPROVEMENTS OF REGIONAL SIGNIFICANCE. 19 (2) THE AUTHORITY MAY REVISE THE REGIONAL TRANSPORTATION 20 PLAN. 21 (B) AFTER THE ADOPTION OF A REGIONAL TRANSPORTATION PLAN , THE 22 AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 23 OTHERWISE, THE TRANS PORTATION FACILITIES SPECIFIED IN THE REGIONAL 24 TRANSPORTATION PLAN . 25 10.5–108. 26 (A) THE AUTHORITY SHALL HAVE THE FOLLOWING DUTIES AND 27 RESPONSIBILITIES : 28 (1) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION 29 PROGRAMS; 30 SENATE BILL 935 13 (2) LONG–RANGE REGIONAL PLANNING FOR T HE BALTIMORE 1 REGION, BOTH FISCALLY CONSTR AINED AND UNCONSTRAI NED; 2 (3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 3 REGIONAL TRANSPORTATION PRIOR ITIES, INCLUDING PUBLIC –PRIVATE 4 TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATI ONS; 5 (4) ALLOCATING TO PRIORITY REGIONAL TRANSPORTATION 6 PROJECTS ANY FUNDS M ADE AVAILABLE TO THE AUTHORITY AND , AT THE 7 DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 8 (5) RECOMMENDING TO THE DEPARTMENT PRIORITY REGIONAL 9 TRANSPORTATION PROJE CTS FOR RECEIPT OF FEDERAL AND STATE FUNDS; 10 (6) RECOMMENDING TO THE DEPARTMENT USE OR CHA NGES IN USE 11 OF TOLLS OR CHARGES FOR FACILITIES IN TH E BALTIMORE REGION; 12 (7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION ISSUE S OF 13 A MULTIJURISDICTIONA L NATURE, INCLUDING INTELLIGENT TRANSPOR TATION 14 SYSTEMS, SIGNALIZATION, AND PREPARATION FOR AND RESPONSE TO 15 EMERGENCIES ; 16 (8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 17 THE BALTIMORE REGION BEFORE THE STATE AND FEDERAL GOV ERNMENTS; AND 18 (9) APPLYING TO AND NEGOTIATING WITH THE FEDERAL 19 GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAI LABLE TO 20 CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 21 (B) THE AUTHORITY SHALL CONSU LT WITH THE DEPARTMENT , 22 METROPOLITAN PLANNIN G ORGANIZATIONS , AND OTHER STAKEHOLDE RS IN 23 RECOMMENDING OR PRIO RITIZING ANY TRANSPO RTATION PROJECT . 24 10.5–109. 25 (A) IN THIS SECTION , “FUND” MEANS THE BALTIMORE REGION 26 TRANSPORTATION FUND. 27 (B) THERE IS A BALTIMORE REGION TRANSPORTATION FUND. 28 (C) THE PURPOSE OF THE FUND IS TO FINANCE TR ANSPORTA TION 29 FACILITIES IN THE BALTIMORE REGION. 30 14 SENATE BILL 935 (D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 1 THE FUND. 2 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 3 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 4 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 5 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 6 (F) THE FUND CONSISTS OF : 7 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 8 (2) INTEREST EARNINGS ; 9 (3) REVENUE DISTRIBUTED T O THE FUND UNDER § 2–1303 OF THE 10 TAX – GENERAL ARTICLE; 11 (4) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–414 OF THE 12 TAX – PROPERTY ARTICLE; AND 13 (5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14 THE BENEFIT OF THE FUND. 15 (G) THE FUND MAY BE USED ONLY FOR THE FINANCI NG OF 16 TRANSPORTATION FACIL ITIES IN THE BALTIMORE REGION. 17 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 18 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 19 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 20 THE FUND. 21 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 22 WITH THE STATE BUDGET . 23 (J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 24 FACILITIES IN THE BALTIMORE REGION IS SUPPLEMENTAL TO A ND IS NOT 25 INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 26 APPROPRIATED FOR TRA NSPORTATION FACILITI ES IN THE BALTIMORE REGION. 27 10.5–110. 28 SENATE BILL 935 15 ON OR BEFORE JANUARY 1, 2026, AND EACH JANUARY 1 THEREAFTER , THE 1 AUTHORITY SHALL REPOR T TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 3 AUTHORITY DURING THE PRIOR YEAR. 4 SUBTITLE 2. CAPITAL REGION TRANSPORTATION AUTHORITY. 5 10.5–201. 6 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7 INDICATED. 8 (B) “AUTHORITY” MEANS THE CAPITAL REGION TRANSPORTATION 9 AUTHORITY. 10 (C) “CAPITAL REGION” MEANS FREDERICK COUNTY, MONTGOMERY 11 COUNTY, AND PRINCE GEORGE’S COUNTY. 12 (D) “TRANSPORTATION FACILI TY” HAS THE MEANING STAT ED IN § 3–101 OF 13 THIS ARTICLE. 14 10.5–202. 15 (A) THERE IS A CAPITAL REGION TRANSPORT ATION AUTHORITY. 16 (B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN 17 INSTRUMENTALITY OF T HE STATE. 18 (C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 19 IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 20 (D) THE GOVERNING BO DY OF A COUNTY LOCAT ED IN THE CAPITAL REGION 21 MAY ELECT, BY LAW, TO BE A MEMBER OF TH E AUTHORITY. 22 10.5–203. 23 THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT 24 INVESTMENTS IN TRANS PORTATION PROJECTS T HAT MAXIMIZE THE MOV EMENT OF 25 PEOPLE AND PROMOTE E FFICIENCY, SAFETY, AND OTHER VALUES SUC H AS 26 ENVIRONMENTAL AND SO CIAL JUSTICE IMPACTS . 27 10.5–204. 28 16 SENATE BILL 935 (A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBER S: 1 (1) IF THE GOVERNING BODY OF FREDERICK COUNTY ELECTS TO 2 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF FREDERICK 3 COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 4 (2) IF THE GOVERNING BODY OF MONTGOMERY COUNTY ELECTS TO 5 BECOME A MEMBER OF T HE AUTHORITY, THE COUNTY EXECUTIVE OF 6 MONTGOMERY COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 7 (3) IF THE GOVERNING BODY OF PRINCE GEORGE’S COUNTY ELECTS 8 TO BECOME A MEMBER O F THE AUTHORITY, THE COUNTY EXECUTIVE OF PRINCE 9 GEORGE’S COUNTY, OR THE COUNTY EXECUTIVE’S DESIGNEE; 10 (4) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 11 WITHIN THE CAPITAL REGION, APPOINTED BY THE PRESIDENT OF THE SENATE; 12 (5) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 13 WITHIN THE CAPITAL REGION, APPOINTED BY THE SPEAKER OF THE HOUSE; 14 (6) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N FREDERICK 15 COUNTY, DESIGNATED BY THE MU NICIPALITIES IN FREDERICK COUNTY; 16 (7) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N 17 MONTGOMERY COUNTY, DESIGNATED BY THE MU NICIPALITIES IN MONTGOMERY 18 COUNTY; 19 (8) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N PRINCE 20 GEORGE’S COUNTY, DESIGNATED BY THE MU NICIPALITIES IN PRINCE GEORGE’S 21 COUNTY; AND 22 (9) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 23 PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 24 APPOINTED BY THE GOVERNOR. 25 (B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 26 (C) (1) THE TERM OF A MEMBER IS 4 YEARS. 27 (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 28 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 29 SENATE BILL 935 17 (D) FROM AMONG ITS MEMBER S, THE AUTHORITY SHALL ELECT A CHAIR 1 AND A VICE CHAIR. 2 (E) THE AUTHORITY SHALL ADOPT RULES AND REGULATIONS NECE SSARY 3 FOR THE CONDUCT OF I TS AFFAIRS. 4 10.5–205. 5 (A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 6 SERVE AS THE CHIEF E XECUTIVE OFFICER OF THE AUTHORITY. 7 (2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 8 THE AUTHORITY. 9 (B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 10 AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 11 EXPERTS AND ATTORNEY S, AND SET THEIR COMPEN SATION. 12 10.5–206. 13 (A) THE AUTHORITY MAY : 14 (1) ADOPT BYLAWS FOR T HE CONDUCT OF ITS BU SINESS; 15 (2) ADOPT A SEAL; 16 (3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 17 (4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 18 FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 19 UNIVERSITY, OR A PRIVATE SOURCE ; 20 (5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 21 (6) SUE OR BE SUED; 22 (7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 23 (I) A FRANCHISE, PATENT, OR LICENSE; 24 (II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 25 CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS , OR OTHER 26 ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 27 18 SENATE BILL 935 (III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 1 PROPERTY; OR 2 (IV) AN INTEREST IN A PROP ERTY LISTED UNDER IT EMS (I) 3 THROUGH (III) OF THIS ITEM; 4 (8) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 5 DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 6 (9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 7 CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAILABLE ; 8 (10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 9 LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 10 OPERATED FOR PROFIT OR NOT FOR PROFIT ; 11 (11) EXERCISE POWER USUALL Y POSSESSED BY A PRI VATE 12 CORPORATION IN P ERFORMING SIMILAR FU NCTIONS UNLESS TO DO SO WOULD 13 CONFLICT WITH STATE LAW; AND 14 (12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 15 POWERS GRANTED BY TH IS SUBTITLE. 16 (B) THE AUTHORITY MAY DELEGAT E ANY POWER OR DUTY IT CONSIDERS 17 APPROPRIATE TO A MEMBER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF TH E 18 AUTHORITY. 19 10.5–207. 20 (A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL TRANSPORTATION 21 PLAN FOR THE CAPITAL REGION THAT INCLUDES TRANSP ORTATION 22 IMPROVEMENTS OF REGIONAL SIGNIFICANCE. 23 (2) THE AUTHORITY MAY REVISE THE REGIONAL TRANSPORTATION 24 PLAN. 25 (B) AFTER THE ADOPTION OF A REGIONAL TRANSPORTATION PLAN , THE 26 AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 27 OTHERWISE, THE TRANSPORTATION F ACILITIES SPECIFIED IN THE REGIONAL 28 TRANSPORTATION PLAN . 29 10.5–208. 30 SENATE BILL 935 19 (A) THE AUTHORITY SHALL HAVE THE FOLLOWING DUTIES AND 1 RESPONSIBILITIES : 2 (1) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION 3 PROGRAMS; 4 (2) LONG–RANGE REGIONAL PLANNING FOR THE CAPITAL REGION, 5 BOTH FISCALLY CONSTR AINED AND UNCONSTRAINED ; 6 (3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 7 REGIONAL TRANSPORTATION PRIOR ITIES, INCLUDING PUBLIC –PRIVATE 8 TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATI ONS; 9 (4) ALLOCATING TO PRIORIT Y REGIONAL TRANSPORTATION 10 PROJECTS A NY FUNDS MADE AVAILA BLE TO THE AUTHORITY AND , AT THE 11 DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 12 (5) RECOMMENDING TO THE DEPARTMENT PRIORITY REGIONAL 13 TRANSPORTATION PROJE CTS FOR RECEIPT OF F EDERAL AND STATE FUNDS; 14 (6) RECOMMENDING TO THE DEPARTMENT USE OR CHA NGES IN USE 15 OF TOLLS OR CHARGES FOR FACILITIES IN TH E CAPITAL REGION; 16 (7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION ISSUE S OF 17 A MULTIJURISDICTIONA L NATURE, INCLUDING INTELLIGEN T TRANSPORTATION 18 SYSTEMS, SIGNALIZATION, AND P REPARATION FOR AND R ESPONSE TO 19 EMERGENCIES ; 20 (8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 21 THE CAPITAL REGION BEFORE THE STATE AND FEDERAL GOV ERNMENTS; AND 22 (9) APPLYING TO AND NEGOT IATING WITH THE FEDE RAL 23 GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAILABLE TO 24 CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 25 (B) THE AUTHORITY SHALL CONSU LT WITH THE DEPARTMENT , 26 METROPOLITAN PLANNIN G ORGANIZATIONS , AND OTHER STAKEHOLDE RS IN 27 RECOMMENDING OR PRIO RITIZING ANY TRANSPO RTATION PROJECT . 28 10.5–209. 29 20 SENATE BILL 935 (A) IN THIS SECTION , “FUND” MEANS THE CAPITAL REGION 1 TRANSPORTATION FUND. 2 (B) THERE IS A CAPITAL REGION TRANSPORTATION FUND. 3 (C) THE PURPOSE OF THE FUND IS TO FINANCE TR ANSPORTATION 4 FACILITIES IN THE CAPITAL REGION. 5 (D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 6 THE FUND. 7 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10 AND THE COMPTROLLE R SHALL ACCOUNT FOR THE FUND. 11 (F) THE FUND CONSISTS OF : 12 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13 (2) INTEREST EARNINGS ; 14 (3) REVENUE DISTRIBUTED T O THE FUND UNDER § 2–1303 OF THE 15 TAX – GENERAL ARTICLE; 16 (4) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–414 OF THE 17 TAX – PROPERTY ARTICLE; AND 18 (5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 19 THE BENEFIT OF THE FUND. 20 (G) THE FUND MAY BE USED ONLY FOR THE FINANCING OF 21 TRANSPORTATION FACIL ITIES IN THE CAPITAL REGION. 22 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 24 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25 THE FUND. 26 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 27 WITH THE STATE BUDGET . 28 SENATE BILL 935 21 (J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 1 FACILITIES IN THE CAPITAL REGION IS SUPPLEMENTAL TO A ND IS NOT INTENDED 2 TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 3 TRANSPORTATION FACIL ITIES IN THE CAPITAL REGION. 4 10.5–210. 5 ON OR BEFORE JANUARY 1, 2026, AND EACH JANUARY 1 THEREAFTER , THE 6 AUTHORITY SHALL REPOR T TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 7 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 8 AUTHORITY DURING THE PRIOR YEAR. 9 SUBTITLE 3. SOUTHERN MARYLAND REGION TRANSPORTATION AUTHORITY. 10 10.5–301. 11 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12 INDICATED. 13 (B) “AUTHORITY” MEANS THE SOUTHERN MARYLAND REGION 14 TRANSPORTATION AUTHORITY. 15 (C) “SOUTHERN MARYLAND REGION” MEANS CALVERT COUNTY, CHARLES 16 COUNTY, AND ST. MARY’S COUNTY. 17 (D) “TRANSPORTATION FACILI TY” HAS THE MEANING STAT ED IN § 3–101 OF 18 THIS ARTICLE. 19 10.5–302. 20 (A) THERE IS A SOUTHERN MARYLAND REGION TRANSPORTATION 21 AUTHORITY. 22 (B) THE AUTHORITY IS A BODY POLITIC AND COR PORATE AND IS AN 23 INSTRUMENTALITY OF T HE STATE. 24 (C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 25 IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 26 (D) THE GOVERNING BODY OF A COUNTY LOCATED IN THE SOUTHERN 27 MARYLAND REGION MAY ELECT, BY LAW, TO BE A MEMBER OF TH E AUTHORITY. 28 22 SENATE BILL 935 10.5–303. 1 THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT 2 INVESTMENTS IN TRANS PORTATION PROJECTS T HAT MAXIMIZE THE MOV EMENT OF 3 PEOPLE AND PROMOTE E FFICIENCY, SAFETY, AND OTHER VALUES SUC H AS 4 ENVIRONMENTAL AND SO CIAL JUSTICE IMPACTS . 5 10.5–304. 6 (A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBER S: 7 (1) IF THE GOVERNING BODY OF CALVERT COUNTY ELECTS TO 8 BECOME A MEMBER OF T HE AUTHORITY, ONE MEMBER APPOINTED BY THE 9 GOVERNING BODY OF CALVERT COUNTY; 10 (2) IF THE GOVERNING BODY OF CHARLES COUNTY ELECTS TO 11 BECOME A MEMBER OF T HE AUTHORITY, ONE MEMBER APPOINTED BY THE 12 GOVERNING BODY OF CHARLES COUNTY; 13 (3) IF THE GOVERNING BODY OF ST. MARY’S COUNTY ELECTS TO 14 BECOME A MEMBER OF T HE AUTHORITY, ONE MEMBER APPOINTED BY THE 15 GOVERNING BODY OF ST. MARY’S COUNTY; 16 (4) ONE ELECTED OFFICIAL FROM EACH MUNICIPALI TY WITHIN THE 17 SOUTHERN MARYLAND REGION, APPOINTED BY THE GOV ERNING BODY OF TH E 18 MUNICIPALITY; 19 (5) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 20 WITHIN THE SOUTHERN MARYLAND REGION, APPOINTED BY THE PRESIDENT OF 21 THE SENATE; 22 (6) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 23 WITHIN THE SOUTHERN MARYLAND REGION, APPOINTED BY THE SPEAKER OF THE 24 HOUSE; AND 25 (7) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 26 PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 27 APPOINTED BY THE GOVERNOR. 28 (B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 29 (C) (1) THE TERM OF A MEMBER IS 4 YEARS. 30 SENATE BILL 935 23 (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 1 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 2 (D) FROM AMONG ITS MEMBER S, THE AUTHORITY SHALL ELECT A CHAIR 3 AND A VICE CHAIR. 4 (E) THE AUTHORITY SHALL ADOPT RULES AND REGULATIONS NECESSAR Y 5 FOR THE CONDUCT OF I TS AFFAIRS. 6 10.5–305. 7 (A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 8 SERVE AS THE CHIEF E XECUTIVE OFFICER OF THE AUTHORITY. 9 (2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 10 THE AUTHORITY. 11 (B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 12 AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 13 EXPERTS AND ATTORNEY S, AND SET THEIR COMPEN SATION. 14 10.5–306. 15 (A) THE AUTHORITY MAY : 16 (1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSINESS; 17 (2) ADOPT A SEAL; 18 (3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 19 (4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 20 FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 21 UNIVERSITY, OR A PRIVATE SOURCE; 22 (5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 23 (6) SUE OR BE SUED; 24 (7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 25 (I) A FRANCHISE, PATENT, OR LICENSE; 26 24 SENATE BILL 935 (II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 1 CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS , OR OTHER 2 ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 3 (III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 4 PROPERTY; OR 5 (IV) AN INTEREST IN A PROP ERTY LISTED UNDER IT EMS (I) 6 THROUGH (III) OF THIS ITEM; 7 (8) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 8 DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 9 (9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 10 CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE; 11 (10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 12 LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 13 OPERATED FOR PROFIT OR NOT FOR PROFIT ; 14 (11) EXERCISE POWER USUALL Y POSSESSED BY A PRI VATE 15 CORPORATION IN PERFO RMING SIM ILAR FUNCTIONS UNLES S TO DO SO WOULD 16 CONFLICT WITH STATE LAW; AND 17 (12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 18 POWERS GRANTED BY TH IS SUBTITLE. 19 (B) THE AUTHORITY MAY DELEGAT E ANY POWER OR DUTY IT CONSIDERS 20 APPROPRIATE TO A MEM BER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF TH E 21 AUTHORITY. 22 10.5–307. 23 (A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL TRANSPORTATION 24 PLAN FOR THE SOUTHERN MARYLAND REGION THAT INCLUDES TRANSP ORTATION 25 IMPROVEMENTS OF REGIONAL SIGNIFICANCE. 26 (2) THE AUTHORITY MA Y REVISE THE REGIONAL TRANSPORTATION 27 PLAN. 28 (B) AFTER THE ADOPTION OF A REGIONAL TRANSPORTATION PLAN , THE 29 AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 30 SENATE BILL 935 25 OTHERWISE, THE TRANSPORTATION F ACILITIES SPECIFIED IN THE REGIONAL 1 TRANSPORTATIO N PLAN. 2 10.5–308. 3 (A) THE AUTHORITY SHALL HAVE THE FOLLOWING DUTIES AND 4 RESPONSIBILITIES : 5 (1) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION 6 PROGRAMS; 7 (2) LONG–RANGE REGIONAL PLANNING FOR THE SOUTHERN 8 MARYLAND REGION, BOTH FISCALLY CONSTR AINED AND UNCONSTRAINED ; 9 (3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 10 REGIONAL TRANSPORTATION PRIOR ITIES, INCLUDING PUBLIC –PRIVATE 11 TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATI ONS; 12 (4) ALLOCATING TO PRIORIT Y REGIONAL TRANSPORTATION 13 PROJECTS ANY FUN DS MADE AVAILABLE TO THE AUTHORITY AND , AT THE 14 DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 15 (5) RECOMMENDING TO THE DEPARTMENT PRIORITY REGIONAL 16 TRANSPORTATION PROJE CTS FOR RECEIPT OF F EDERAL AND STATE FUNDS; 17 (6) RECOMMENDING TO THE DEPARTMENT USE OR CHA NGES IN USE 18 OF TOLLS OR CHARGES FOR FACILITIES IN TH E SOUTHERN MARYLAND REGION; 19 (7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTATION ISSUE S OF 20 A MULTIJURISDICTIONA L NATURE, INCLUDING INTELLIGEN T TRANSPORTATION 21 SYSTEMS, SIGNALIZATION, AND PREPARATION FOR A ND RESPONSE TO 22 EMERGENCIES ; 23 (8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 24 THE SOUTHERN MARYLAND REGION BEFORE THE STATE AND FEDERAL 25 GOVERNMENTS ; AND 26 (9) APPLYING TO AND NEGOT IATING WITH THE FEDE RAL 27 GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAI LABLE TO 28 CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 29 26 SENATE BILL 935 (B) THE AUTHORITY SHALL CONSU LT WITH THE DEPARTMENT , 1 METROPOLITAN PLANNIN G ORGANIZATIONS , AND OTHER STAKEHOLDE RS IN 2 RECOMMENDING OR PRIO RITIZING ANY TRANSPO RTATION PROJECT. 3 10.5–309. 4 (A) IN THIS SECTION, “FUND” MEANS THE SOUTHERN MARYLAND REGION 5 TRANSPORTATION FUND. 6 (B) THERE IS A SOUTHERN MARYLAND REGION TRANSPORTATION FUND. 7 (C) THE PURPOSE OF THE FUND IS TO FINANCE TR ANSPORTATION 8 FACILITIES IN THE SOUTHERN MARYLAND REGION. 9 (D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 10 THE FUND. 11 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 12 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 14 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 15 (F) THE FUND CONSISTS OF : 16 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 17 (2) INTEREST EARNIN GS; 18 (3) REVENUE DISTRIBUTED T O THE FUND UNDER § 2–1303 OF THE 19 TAX – GENERAL ARTICLE; 20 (4) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–414 OF THE 21 TAX – PROPERTY ARTICLE; AND 22 (5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 23 THE BENEFIT OF THE FUND. 24 (G) THE FUND MAY BE USED ONLY FOR THE FINANCING OF 25 TRANSPORTATION FACIL ITIES IN THE SOUTHERN MARYLAND REGION. 26 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28 SENATE BILL 935 27 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1 THE FUND. 2 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 3 WITH THE STATE BUDGET . 4 (J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 5 FACILITIES IN THE SOUTHERN MARYLAND REGION IS SUPPLEMENTAL TO AND IS 6 NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 7 APPROPRIATED FOR TRA NSPORTATION FACILITI ES IN THE SOUTHERN MARYLAND 8 REGION. 9 10.5–310. 10 ON OR BEFORE JANUARY 1, 2026, AND EACH JANUARY 1 THEREAFTER , THE 11 AUTHORITY SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 12 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 13 AUTHORITY DURING THE PRIOR YEAR. 14 SUBTITLE 4. FINANCING OF TRANSPORTATION PROJECTS. 15 10.5–401. 16 IN THIS SUBTITLE, “AUTHORITY” MEANS: 17 (1) THE BALTIMORE REGION TRANSPORTATION AUTHORITY 18 ESTABLISHED UNDER § 10.5–102 OF THIS TITLE; 19 (2) THE CAPITAL REGION TRANSPORTATION AUTHORITY 20 ESTABLISHED UNDER § 10.5–202 OF THIS TITLE; AND 21 (3) THE SOUTHERN MARYLAND REGION TRANSPORTATION 22 AUTHORITY ESTABLISHED UNDER § 10.5–302 OF THIS TITLE. 23 10.5–402. 24 (A) TO FINANCE THE COST O F TRANSPORTATION FAC ILITIES AND 25 PROJECTS, AN AUTHORITY MAY ISSUE B ONDS, NOTES, OR OTHER EVIDENCE OF 26 OBLIGATION, PAYABLE SOLELY FROM THE REVENUES DIS TRIBUTED TO THE 27 AUTHORITY. 28 28 SENATE BILL 935 (B) BOND PROCEEDS MAY BE USED SOLELY FOR PAYI NG THE COST OF 1 TRANSPORTATION FACIL ITIES AND PROJECTS . 2 10.5–403. 3 (A) BONDS ISSUED BY AN AUTHORITY UNDER THIS SUBTITLE MAY NOT : 4 (1) CONSTITUTE A DEBT OF THE STATE OR A POLITICAL SUBDIVISION 5 OF THE STATE OTHER THAN THE AUTHORITY AND SHALL S O STATE ON THEIR FAC E; 6 (2) CONSTITUTE A PLEDGE O F THE FULL FAITH AND CREDIT OF THE 7 STATE OR A POLITICAL SUBDIVISION OF THE STATE; OR 8 (3) DIRECTLY OR INDIRECTL Y OBLIGATE THE STATE OR A POLITICAL 9 SUBDIVISION OF THE STATE TO IMPOSE ANY T AX AND SHALL CONTAIN A STATEMENT 10 ON THEIR FACE TO THA T EFFECT. 11 (B) AN AUTHORITY SHALL DETER MINE THE FOLLOWING C ONCERNING 12 BONDS ISSUED BY THE AUTHORITY: 13 (1) DATE OF ISSUE; 14 (2) INTEREST RATE ; 15 (3) DATE AND AMOUNT OF MATURI TY, EXCEPT THAT A BOND M AY NOT 16 MATURE MORE THAN 40 YEARS AFTER ITS DATE OF ISSUE; 17 (4) FORM AND MANNER OF EX ECUTION; 18 (5) MANNER OF SALE ; AND 19 (6) ANY OTHER MATTER RELA TING TO THE FORM , TERMS, 20 CONDITIONS, ISSUANCE, SALE, AND DELIVERY OF THE BONDS . 21 (C) AN AUTHORITY MAY ISSUE B ONDS: 22 (1) WITHOUT OBTAINING THE CONSENT OF ANY INSTR UMENTALITY, 23 AGENCY, OR UNIT OF THE STATE; AND 24 (2) WITHOUT ANY PROCEEDIN GS OR THE OCCURRENCE OF ANY 25 CONDITIONS OR OBLIGA TIONS OTHER THAN THO SE SPECIFICALLY REQUIRED BY 26 THIS SUBTITLE. 27 SENATE BILL 935 29 (D) (1) BONDS SHALL BE EXECUT ED ON BEHALF OF AN AUTHORITY BY 1 THE MANUAL OR FACSIM ILE SIGNATURES OF TH E INDIVIDUALS DESIGN ATED BY THE 2 GOVERNING BODY OF TH E AUTHORITY. 3 (2) OTHER SIGNATURES ON T HE BONDS MAY BE EITH ER MANUA L OR 4 FACSIMILE. 5 (E) IF AN INDIVIDUAL WHOS E MANUAL OR FACSIMIL E SIGNATURE APPEARS 6 ON ANY BOND OR COUPO N CEASES TO SERVE IN AN AUTHORIZED CAPACI TY BEFORE 7 THE DELIVERY OF THE BOND, THE SIGNATURE NEVERT HELESS IS AS VALID A ND 8 SUFFICIENT FOR ALL P URPOSES AS IF THE INDIVIDUAL HAD R EMAINED IN THAT 9 CAPACITY UNTIL DELIV ERY OF THE BOND . 10 10.5–404. 11 (A) WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AN AUTHORITY 12 MAY ISSUE BONDS TO R EFINANCE ALL OR ANY PART OF THE COST OF 13 TRANSPORTATION FACIL ITIES OR PROJECTS FO R WHICH THE AUTHORITY 14 PREVIOUSLY ISSUED BO NDS UNDER THIS SUBTI TLE. 15 (B) IF, BY REASON OF INCREAS ED CONSTRUCTION COST S, ERROR IN 16 ESTIMATES, OR OTHERWISE , THE PROCEEDS OF THE BONDS OF ANY ISSUE A RE LESS 17 THAN THE AMOUNT REQU IRED FOR THE PURPOSE FOR WHICH THE BONDS ARE 18 AUTHORIZED , ADDITIONAL BONDS MAY BE ISSUED IN A SIMIL AR MANNER TO 19 PROVIDE THE AMOUNT O F THE DEFICIENCY . 20 10.5–405. 21 (A) IN THIS SECTION , “REFUNDING” MEANS THE RETIREMENT AND 22 CANCELLATION OF BOND S, INCLUDING BONDS OF P RIOR ISSUES, AFTER THEIR 23 ACQUISITION BY OR FO R AN AUTHORITY, WHETHER BEFORE , AT, OR AFTER 24 MATURITY, EITHER IN EXCHANGE F OR OTHER BONDS OR BY PAYMENT, PURCHASE, 25 OR REDEMPTION WITH T HE PROCEEDS OF THE S ALE OF OTHER BONDS . 26 (B) AN AUTHORITY MAY ISSUE R EFUNDING BONDS FOR : 27 (1) REFUNDING ANY BONDS I SSUED UNDER THIS SUB TITLE OR ANY 28 BONDS OF PRIOR ISSUE S, INCLUDING THE PAYMEN T OF ANY REDEMPTION PREMIUM 29 ON THE BONDS AND ANY INTEREST ACCRUED OR TO ACCRUE TO THE DAT E OF 30 REDEMPTION OF THE BO NDS; AND 31 (2) CONSTRUCTING IMPROVEM ENTS OR EXTENSIONS TO OR 32 ENLARGEMENTS OF ANY TRANSPORTATION FACIL ITY OR PROJECT. 33 30 SENATE BILL 935 10.5–406. 1 BEFORE THE PREPARATIO N OF DEFINITIVE BOND S, AN AUTHORITY MAY 2 ISSUE INTERIM CERTIF ICATES OR TEMPORARY BONDS, WITH OR WITHOUT 3 COUPONS, EXCHANGEABLE FOR DEF INITIVE BONDS WHE N THE DEFINITIVE BON DS 4 HAVE BEEN EXECUTED A ND ARE AVAILABLE FOR DELIVERY. 5 10.5–407. 6 (A) AN AUTHORITY MAY ISSUE B OND ANTICIPATION NOT ES PAYABLE TO 7 THE BEARER OR REGIST ERED HOLDER OF THE N OTES OUT OF THE FIRS T PROCEEDS 8 OF THE NEXT SALE OF BONDS ISSUED UND ER THIS SUBTITLE. 9 (B) THE ISSUANCE OF BOND ANTICIPATION NOTES , THE DETAILS OF THEIR 10 ISSUANCE, THE RIGHTS OF THEIR HOLDERS, AND THE RIGHTS , DUTIES, AND 11 OBLIGATIONS OF THE AUTHORITY WITH RESPEC T TO THE BOND ANTICI PATION 12 NOTES ARE GOVERNED B Y THE PROVISIONS OF THIS SUBTITLE REL ATING TO THE 13 ISSUANCE OF THE BOND S IN ANTICIPATION OF THE SALE AT WHICH TH E NOTES ARE 14 ISSUED, INSOFAR AS THOSE PRO VISIONS ARE APPLICAB LE. 15 10.5–408. 16 (A) BONDS ISSUED UNDER TH IS SUBTITLE MAY BE S ECURED BY A TRUST 17 AGREEMENT BETWEEN AN AUTHORITY AND A CORPO RATE TRUSTEE , WHICH MAY BE 18 ANY TRUST COMPANY OR BANK HAVING TRUST PO WERS WITHIN OR OUTSI DE THE 19 STATE. 20 (B) THE TRUST AGREEMENT M AY PLEDGE OR ASSIGN ALL OR ANY PART OF 21 THE REVENUES OF AN AUTHORITY OR OF ANY T RANSPORTATION FACILI TY OR 22 PROJECT. 23 10.5–409. 24 THE REVENUE DESIGNATE D AS SECURITY FOR BO NDS ISSUED UNDER THI S 25 SUBTITLE SHALL BE FI XED AND ADJUSTED SO AS TO PROVIDE FUNDS THAT ARE 26 SUFFICIENT AS LONG A S THE BONDS ARE OUTS TANDING AND UNPAID T O PAY THE 27 PRINCIPAL OF AND THE INTEREST ON THE BONDS AS THEY BE COME DUE AND 28 PAYABLE. 29 10.5–410. 30 ALL MONEY THAT IS REC EIVED BY AN AUTHORITY AS PROCEEDS FROM THE 31 SALE OF BONDS , NOTES, OR OTHER EVIDENCES O F OBLIGATION UNDER T HIS 32 SUBTITLE AND , BY WAY OF RENTALS , RATES, FEES, FARES, AND TAXES, THAT IS 33 SENATE BILL 935 31 DESIGNATED BY ANY TR UST AGREEMENT AS SEC URITY FOR THE BONDS , NOTES, OR 1 OTHER EVIDENCE OF OB LIGATION SHALL BE DE EMED TO BE TRUST FUN DS TO BE 2 HELD AND APPLIED ONL Y AS PROVIDED IN THI S SUBTITLE. 3 10.5–411. 4 EXCEPT TO THE EXTENT RESTRICTED BY THE TR UST AGREE MENT, THE 5 TRUSTEE OR ANY HOLDE R OF BONDS ISSUED UN DER THIS SUBTITLE OR OF ANY OF 6 THE COUPONS APPERTAI NING TO THE BONDS MA Y: 7 (1) BRING A SUIT OR ANY O THER PROCEEDING TO P ROTECT AND 8 ENFORCE ANY RIGHT UN DER THE LAWS OF THE STATE OR UNDER THE TR UST 9 AGREEMEN T; AND 10 (2) ENFORCE AND COMPEL TH E PERFORMANCE OF ALL DUTIES 11 REQUIRED BY THIS SUB TITLE OR BY THE TRUS T AGREEMENT TO BE PE RFORMED BY 12 AN AUTHORITY OR BY ANY O F ITS OFFICERS. 13 10.5–412. 14 BONDS ISSUED UNDER TH IS SUBTITLE ARE SECU RITIES: 15 (1) IN WHICH ALL PUBLIC OFFICERS AND PUBLIC BODIES OF THE 16 STATE AND ITS POLITIC AL SUBDIVISIONS , ALL INSURANCE COMPAN IES, STATE 17 BANKS AND TRUST COMP ANIES, NATIONAL BANKING ASS OCIATIONS, SAVINGS 18 BANKS, SAVINGS AND LOAN ASS OCIATIONS, INVESTMENT COMPANIES , EXECUTORS, 19 ADMINISTRATORS, TRUSTEES, AND OTHER FIDUCIARIE S MAY PROPERLY AND 20 LEGALLY INVEST FUNDS , INCLUDING CAPITAL IN THEIR CONTROL OR BEL ONGING 21 TO THEM; AND 22 (2) THAT MAY BE PROPERLY AND LEGALLY DEPOSITE D WITH AND 23 RECEIVED BY ANY STATE OR COUNTY OFFIC ER OR ANY AGENCY OR POLITICAL 24 SUBDIVISION OF THE STATE FOR ANY PURPOSE FOR WHICH THE DEPOSI T OF BONDS 25 OR OBLIGATIONS OF TH E STATE IS AUTHORIZED B Y LAW. 26 10.5–413. 27 THE BONDS, NOTES, AND OTHER EVIDENCE O F OBLIGATION ISSUED UNDER 28 THIS SUBTITLE, THEIR TRANSFER , THE INTEREST PAYA BLE ON THEM , AND ANY 29 INCOME DERIVED FROM THEM, INCLUDING ANY PROFIT REALIZED IN THEIR SA LE 30 OR EXCHANGE , SHALL BE EXEMPT FROM TAXATION BY THE STATE OR BY ANY OF IT S 31 POLITICAL SUBDIVISIO NS, MUNICIPAL CORPORATIO NS, OR PUBLIC AGENCIES . 32 32 SENATE BILL 935 SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 1 applicable to all instruments of writing recorded or filed on or after the effective date of the 2 local law imposing the transportation authority transfer tax surcharge. 3 SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2025. 5