ROBERT L. EHRLICH, JR., Governor                             Ch. 460

Article - Natural Resources

8-709.

(a) The Department shall include in its annual budget request an itemized list
of requests for the use of any available money from the Waterway Improvement Fund
for the projects under § 8-707 of this subtitle. The Department's list shall include a
brief description of each project, an estimate of its cost, and the benefits to be derived
from it. The list shall designate which projects are financed solely by the Waterway
Improvement Fund, which are matching fund projects, and which are interest-free
loan projects.

c

[(c) Notwithstanding the provisions of subsection (a) of this section, the
Department may propose in its annual budget, beginning with the fiscal year 1994
budget, an appropriation of not more than $1,000,000 from the Waterway
Improvement Fund to support marine operations in the Natural Resources Police.]

(C) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, THE DEPARTMENT MAY PROPOSE AN APPROPRIATION FROM THE
WATERWAY IMPROVEMENT FUND TO SUPPORT MARINE OPERATIONS OF THE
NATURAL RESOURCES POLICE NOT EXCEEDING:

(1)      $1,500,000 $1,700,000 IN THE DEPARTMENT'S FISCAL YEAR 2006
BUDGET; AND

(2)      $2,000,000 IN THE DEPARTMENT'S FISCAL YEAR 2007 BUDGET, AND
EVERY YEAR THEREAFTER

8-716.

[(h) Notwithstanding the provisions of § 8-723 of this subtitle, the Department
shall deposit $225,000 of funds from the excise tax levied under this section with the
Comptroller of the Treasury in the General Fund, and the balance in excess of
$225,000 with the Comptroller of the Treasury in the Waterway Improvement Fund
to be expended only for the purposes specified.]

[(i)] (H) If the Department determines there has been an overpayment of the
tax on a vessel, or an overpayment has resulted for any other reason, the Department
may submit the overpayment and supporting data whether accompanied by a written
claim or not to the State Comptroller for refund to the appropriate person.

[(j) Notwithstanding any other provision of this section, the Department shall
deposit, in accordance with the provisions of § 8-723 of this subtitle, up to $350,000 of
funds from the excise tax levied under this section and as appropriated in the State
budget, to be used for enforcement of the State Boat Act, including collection of the
excise tax levied under this section.]

[(k)] (I) (1) For purposes of subsection (a)(3) of this section, a vessel is
deemed to be held for maintenance or repair if:

(i) The maintenance or repair work is provided in exchange for
compensation;

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