ROBERT L. EHRLICH, JR., Governor                            S.B. 400

2. any other changes to State laws that would not be
required but that the Comptroller recommends should reasonably be made in
connection with implementing the Agreement; and

(ii) for each change identified under item (i) of this paragraph:

1.       estimates the impact of that change on State sales and use
tax revenue; and

2.       identifies and explains any fiscal or policy issues that
would be associated with the change.

(C)     NOTWITHSTANDING THE ADOPTION OF THE AGREEMENT UNDER THIS
SECTION, UNLESS AND UNTIL FURTHER LEGISLATION IS ENACTED BY THE GENERAL
ASSEMBLY TO IMPLEMENT NECESSARY CHANGES TO BRING THE STATE IN
COMPLIANCE WITH THE AGREEMENT:

(1)      NO PROVISION OF THE AGREEMENT IN WHOLE OR IN PART
INVALIDATES OR AMENDS ANY PROVISION OF THE LAW OF THIS STATE;

(2)      ADOPTION OF THE AGREEMENT DOES NOT AMEND OR MODIFY ANY
OTHER PROVISION OF THIS TITLE OR OTHER LAW OF THIS STATE; AND

(3)      IMPLEMENTATION OF ANY CONDITION OF THE AGREEMENT IN THIS
STATE, WHETHER ADOPTED BEFORE, AT, OR AFTER ADOPTION OF THE AGREEMENT
BY THIS STATE, MUST BE BY THE ACTION OF THIS STATE.

(D)     (1) (I) THE AGREEMENT ADOPTED BY THIS SECTION BINDS AND
INURES ONLY TO THE BENEFIT OF THIS STATE AND THE OTHER MEMBER STATES.

(II)     NO PERSON, OTHER THAN A MEMBER STATE, IS AN INTENDED
BENEFICIARY OF THE AGREEMENT.

(III)   ANY BENEFIT TO A PERSON OTHER THAN A STATE MUST BE
ESTABLISHED BY THE LAW OF THIS STATE AND THE OTHER MEMBER STATES AND
NOT BY THE TERMS OF THE AGREEMENT.

(2)      (I) NO PERSON SHALL HAVE ANY CAUSE OF ACTION OR DEFENSE
UNDER THE AGREEMENT OR BY VIRTUE OF THE STATE'S ADOPTION OF THE
AGREEMENT.

(II) NO PERSON MAY CHALLENGE, IN ANY ACTION BROUGHT
UNDER ANY PROVISION OF LAW, ANY ACTION OR INACTION BY ANY DEPARTMENT,
AGENCY, OR OTHER INSTRUMENTALITY OF THIS STATE, OR ANY POLITICAL
SUBDIVISION OF THIS STATE, ON THE GROUND THAT THE ACTION OR INACTION IS
INCONSISTENT WITH THE AGREEMENT.

(3)      NO LAW OF THIS STATE, OR THE APPLICATION THEREOF, MAY BE
DECLARED INVALID AS TO ANY PERSON OR CIRCUMSTANCE ON THE GROUND THAT
THE PROVISION OR APPLICATION IS INCONSISTENT WITH THE AGREEMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2004.

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