Maryland 2024 Regular Session

Maryland House Bill HB935 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0935*
66
77 HOUSE BILL 935
88 Q7, E4, F1 4lr1075
99 CF SB 784
1010 By: Delegates Mireku–North, Shetty, J. Lewis, Feldmark, Addison, Allen, Amprey,
1111 Atterbeary, Boafo, Charkoudian , Crutchfield, Ebersole, Fair, Grossman,
1212 D. Jones, Kaufman, Korman, J. Long, Palakovich Carr, Phillips, Roberson,
1313 Solomon, Spiegel, Terrasa, Toles, Wilkins, Wims, Wolek, Wu, and Young
1414 Introduced and read first time: February 2, 2024
1515 Assigned to: Ways and Means
1616
1717 A BILL ENTITLED
1818
1919 AN ACT concerning 1
2020
2121 Comprehensive Community Safety Funding Act 2
2222
2323 FOR the purpose of imposing an excise tax on certain gross receipts of certain firearms 3
2424 dealers derived from the sales of firearms, firearm accessories, and ammunition in 4
2525 the State; and generally relating to a tax on gross receipts derived from firearms, 5
2626 firearm accessories, and ammunition. 6
2727
2828 BY repealing and reenacting, without amendments, 7
2929 Article – Health – General 8
3030 Section 19–130(b)(1) 9
3131 Annotated Code of Maryland 10
3232 (2023 Replacement Volume) 11
3333
3434 BY repealing and reenacting, with amendments, 12
3535 Article – Health – General 13
3636 Section 19–130(c) 14
3737 Annotated Code of Maryland 15
3838 (2023 Replacement Volume) 16
3939
4040 BY repealing and reenacting, without amendments, 17
4141 Article – Public Safety 18
4242 Section 4–902(a), 5–101(a) and (h), and 5–133.1(a) 19
4343 Annotated Code of Maryland 20
4444 (2022 Replacement Volume and 2023 Supplement) 21
4545
4646 BY repealing and reenacting, with amendments, 22
4747 Article – Public Safety 23
4848 Section 4–902(e)(1) 24 2 HOUSE BILL 935
4949
5050
5151 Annotated Code of Maryland 1
5252 (2022 Replacement Volume and 2023 Supplement) 2
5353
5454 BY repealing and reenacting, without amendments, 3
5555 Article – Tax – General 4
5656 Section 1–101(a) and 13–508(b) 5
5757 Annotated Code of Maryland 6
5858 (2022 Replacement Volume and 2023 Supplement) 7
5959
6060 BY adding to 8
6161 Article – Tax – General 9
6262 Section 1–101(h–1); 2–4B–01 and 2–4B–02 to be under the new subtitle “Subtitle 4B. 10
6363 Firearm, Firearm Accessory, and Ammunition Excise Tax Revenue 11
6464 Distribution”; 7.7–101 through 7.7–301 to be under the new title “Title 7.7. 12
6565 Firearm, Firearm Accessory, and Ammunition Excise Tax ”; and 13
6666 13–201(3)(xviii), 13–825(j), and 13–1001(h) 14
6767 Annotated Code of Maryland 15
6868 (2022 Replacement Volume and 2023 Supplement) 16
6969
7070 BY repealing and reenacting, with amendments, 17
7171 Article – Tax – General 18
7272 Section 2–102(a), 13–201(3)(xvi) and (xvii), 13–508(a) and (c), 13–509, and 13–1002 19
7373 Annotated Code of Maryland 20
7474 (2022 Replacement Volume and 2023 Supplement) 21
7575
7676 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
7777 That the Laws of Maryland read as follows: 23
7878
7979 Article – Health – General 24
8080
8181 19–130. 25
8282
8383 (b) (1) There is a Maryland Trauma Physician Services Fund. 26
8484
8585 (c) The Fund consists of [motor]: 27
8686
8787 (1) MOTOR vehicle registration surcharges paid into the Fund in 28
8888 accordance with § 13–954(b)(2) of the Transportation Article; AND 29
8989
9090 (2) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–4B–02 OF THE 30
9191 TAX – GENERAL ARTICLE. 31
9292
9393 Article – Public Safety 32
9494
9595 4–902. 33
9696 HOUSE BILL 935 3
9797
9898
9999 (a) There is a Maryland Violence Intervention and Prevention Program Fund. 1
100100
101101 (e) (1) The Fund consists of: 2
102102
103103 (i) money appropriated in the State budget to the Fund; 3
104104
105105 (ii) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–4B–02 OF 4
106106 THE TAX – GENERAL ARTICLE; 5
107107
108108 (III) investment earnings of the Fund; and 6
109109
110110 [(iii)] (IV) money from any other source accepted for the benefit of 7
111111 the Fund. 8
112112
113113 5–101. 9
114114
115115 (a) In this subtitle the following words have the meanings indicated. 10
116116
117117 (h) (1) “Firearm” means: 11
118118
119119 (i) a weapon that expels, is designed to expel, or may readily be 12
120120 converted to expel a projectile by the action of an explosive; 13
121121
122122 (ii) the frame or receiver of such a weapon; or 14
123123
124124 (iii) an unfinished frame or receiver, as defined in § 5–701 of this title. 15
125125
126126 (2) “Firearm” includes a starter gun. 16
127127
128128 5–133.1. 17
129129
130130 (a) In this section, “ammunition” means a cartridge, shell, or any other device 18
131131 containing explosive or incendiary material designed and intended for use in a firearm. 19
132132
133133 Article – Tax – General 20
134134
135135 1–101. 21
136136
137137 (a) In this article the following words have the meanings indicated. 22
138138
139139 (H–1) “FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX” 23
140140 MEANS THE TAX IMPOSE D UNDER TITLE 7.7 OF THIS ARTICLE. 24
141141
142142 2–102. 25
143143 4 HOUSE BILL 935
144144
145145
146146 (a) In addition to the duties set forth elsewhere in this article and in other articles 1
147147 of the Code, the Comptroller shall administer the laws that relate to: 2
148148
149149 (1) the admissions and amusement tax; 3
150150
151151 (2) the boxing and wrestling tax; 4
152152
153153 (3) the digital advertising gross revenues tax; 5
154154
155155 (4) THE FIREARM , FIREARM ACCESSORY , AND AMMUNITION EXCISE 6
156156 TAX; 7
157157
158158 (5) the income tax; 8
159159
160160 [(5)] (6) the Maryland estate tax; 9
161161
162162 [(6)] (7) the Maryland generation–skipping transfer tax; 10
163163
164164 [(7)] (8) the motor carrier tax; 11
165165
166166 [(8)] (9) the motor fuel tax; 12
167167
168168 [(9)] (10) the sales and use tax; and 13
169169
170170 [(10)] (11) the savings and loan association franchise tax. 14
171171
172172 SUBTITLE 4B. FIREARM, FIREARM ACCESSORY, AND AMMUNITION EXCISE TAX 15
173173 REVENUE DISTRIBUTION. 16
174174
175175 2–4B–01. 17
176176
177177 FROM THE FIREARM , FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX 18
178178 REVENUE, THE COMPTROLLER SHALL DIS TRIBUTE THE AMOUNT N ECESSARY TO 19
179179 ADMINISTER THE FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX 20
180180 LAWS TO AN ADMINISTR ATIVE COST ACCOUNT. 21
181181
182182 2–4B–02. 22
183183
184184 (A) AFTER MAKING THE DIST RIBUTION REQUIRED UN DER § 2–4B–01 OF 23
185185 THIS SUBTITLE, THE COMPTROLLER SHALL DIS TRIBUTE THE REMAININ G FIREARM, 24
186186 FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX REVENUE AS FOLLO WS: 25
187187
188188 (1) 44% TO THE MARYLAND TRAUMA PHYSICIAN SERVICES FUND 26
189189 ESTABLISHED UNDER § 19–130 OF THE HEALTH – GENERAL ARTICLE; 27
190190 HOUSE BILL 935 5
191191
192192
193193 (2) 29% TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER AT THE 1
194194 UNIVERSITY OF MARYLAND MEDICAL SYSTEM; 2
195195
196196 (3) 23% TO THE VIOLENCE INTERVENTION AND PREVENTION 3
197197 PROGRAM FUND ESTABLISHED UNDER § 4–902 OF THE PUBLIC SAFETY ARTICLE; 4
198198
199199 (4) 2% TO THE SURVIVORS OF HOMICIDE VICTIMS GRANT PROGRAM 5
200200 WITHIN THE GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY; AND 6
201201
202202 (5) 2% TO THE CENTER FOR FIREARM VIOLENCE PREVENTION AND 7
203203 INTERVENTION WITHIN T HE MARYLAND DEPARTMENT OF HEALTH. 8
204204
205205 (B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE REV ENUE 9
206206 DISTRIBUTED UNDER SU BSECTION (A) OF THIS SECTION SUPP LEMENT, AND NOT 10
207207 SUPPLANT, ANY OTHER FUNDING REQUIRED BY LAW . 11
208208
209209 TITLE 7.7. FIREARM, FIREARM ACCESSORY, AND AMMUNITION EXCISE TAX. 12
210210
211211 SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 13
212212
213213 7.7–101. 14
214214
215215 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 15
216216 INDICATED. 16
217217
218218 (B) “AMMUNITION” HAS THE MEANING STAT ED IN § 5–133.1 OF THE PUBLIC 17
219219 SAFETY ARTICLE. 18
220220
221221 (C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 19
222222 LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 20
223223 EXPLOSIVES TO DEAL IN FIREARMS. 21
224224
225225 (D) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC 22
226226 SAFETY ARTICLE. 23
227227
228228 (E) “FIREARM ACCESSORY ” MEANS: 24
229229
230230 (1) A MAGAZINE OR MAGAZINE LOADER ; 25
231231
232232 (2) A FIREARM SCOPE OR OPTIC ; 26
233233
234234 (3) A STOCK; 27
235235 6 HOUSE BILL 935
236236
237237
238238 (4) A GRIP; 1
239239
240240 (5) A HANDGUARD ; OR 2
241241
242242 (6) BODY ARMOR . 3
243243
244244 (F) (1) “GROSS RECEIPTS ” MEANS THE TOTAL AMOUNT OF THE SALE OR 4
245245 LEASE OR RENTAL PRIC E OF THE RETAIL SALE BY A PERSON, VALUED IN MONEY , 5
246246 WHETHER RECEIVED IN MONEY OR OTHERWISE , WITHOUT ANY DEDUCTIO N FOR: 6
247247
248248 (I) THE COST OF THE PROP ERTY SOLD; 7
249249
250250 (II) THE COST OF THE MATE RIALS USED, LABOR OR SERVICE 8
251251 COST, INTEREST PAID, LOSSES, OR ANY OTHER EXPENSE ; OR 9
252252
253253 (III) THE COST OF TRANSPOR TATION OF THE PROPER TY. 10
254254
255255 (2) “GROSS RECEIPTS” DOES NOT INCLUDE : 11
256256
257257 (I) CASH DISCOUNTS ALLOW ED AND TAKEN ON SALE S; 12
258258
259259 (II) THE SALE PRICE OF PR OPERTY RETURNED BY CUSTOMER S 13
260260 WHEN THAT AMOUNT IS REFUNDED IN CASH OR CREDIT UNLESS THE CU STOMER, IN 14
261261 ORDER TO OBTAIN THE REFUND, IS REQUIRED TO PURCH ASE OTHER PROPERTY A T 15
262262 A PRICE GREATER THAN THE AMOUNT CHARGED F OR THE PROPERTY THAT IS 16
263263 RETURNED; 17
264264
265265 (III) THE PRICE RECEIVED FOR LABOR OR SERVICES USED IN 18
266266 INSTALLING OR APPLYI NG THE PROPERTY SOLD ; AND 19
267267
268268 (IV) THE AMOUNT OF ANY TA X IMPOSED BY THE UNITED STATES, 20
269269 THE STATE, A COUNTY, OR A MUNICIPAL CORPO RATION ON OR WITH RESPECT T O 21
270270 RETAIL SALES WHETHER IMPOSED ON THE PERSON OR THE CONSUME R. 22
271271
272272 (G) “LAW ENFORCEMENT AGENC Y” MEANS: 23
273273
274274 (1) A STATE, COUNTY, OR MUNICIPAL POLICE DEPARTMENT OR 24
275275 AGENCY; 25
276276
277277 (2) A SHERIFF’S OFFICE; OR 26
278278
279279 (3) A FEDERAL LAW ENFORC EMENT AGENCY . 27
280280 HOUSE BILL 935 7
281281
282282
283283 7.7–102. 1
284284
285285 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, AN EXCISE 2
286286 TAX IS IMPOSED ON THE GROSS RECEIPTS OF A FEDERALLY LICENSED F IREARMS 3
287287 DEALER DERIVED FROM THE SALES OF FIREARMS, FIREARM ACCESSORIES, AND 4
288288 AMMUNITION IN THE STATE. 5
289289
290290 (B) THE TAX IMPOSED UNDER SUBSECTION (A) OF THIS SECTION DOES NOT 6
291291 APPLY TO THE SALE OF A FIREARM, FIREARM ACCESSORY , OR AMMUNITION TO A 7
292292 LAW ENFORCEMENT AGEN CY, THE ARMED FORCES OF THE UNITED STATES, OR THE 8
293293 NATIONAL GUARD. 9
294294
295295 7.7–103. 10
296296
297297 THE FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX RATE IS 11
298298 11%. 12
299299
300300 SUBTITLE 2. RETURNS. 13
301301
302302 7.7–201. 14
303303
304304 (A) A FEDERALLY LICENSED F IREARMS DEALER SHALL COMPLET E, UNDER 15
305305 OATH, AND FILE WITH THE COMPTROLLER A FIREARM , FIREARM ACCESSORY , AND 16
306306 AMMUNITION EXCISE TA X RETURN: 17
307307
308308 (1) ON OR BEFORE THE 25TH DAY OF THE MONTH THAT FOLLOWS THE 18
309309 MONTH IN WHICH THE PERSON SEL LS ANY FIREARMS , FIREARM ACCESSORIES, OR 19
310310 AMMUNITION WITHIN TH E BOUNDARIES OF THE STATE; AND 20
311311
312312 (2) IF THE COMPTROLLER SO SPECIF IES, BY REGULATION , ON OTHER 21
313313 DATES FOR EACH MONTH IN WH ICH THE LICENSEE DOE S NOT SELL ANY FIREA RMS, 22
314314 FIREARM ACCESSORIES, OR AMMUNITION IN THE STATE. 23
315315
316316 (B) A PERSON REQUIRED TO F ILE A RETURN UNDER T HIS SECTION SHALL 24
317317 FILE WITH THE RETURN AN ATTACHMENT THAT S TATES ANY INFORMATIO N THAT 25
318318 THE COMPTROLLER REQUIRES TO DETERMINE THE GRO SS RECEIPTS DERIVED 26
319319 FROM THE SALES OF FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION IN TH E 27
320320 STATE. 28
321321
322322 7.7–202. 29
323323
324324 A PERSON REQUIRED TO F ILE A RETURN UNDER § 7.7–201 OF THIS SUBTITLE 30
325325 SHALL MAINTAIN RECOR DS OF THE FIREARMS , FIREARMS ACCESSORIES , AND 31 8 HOUSE BILL 935
326326
327327
328328 AMMUNITION SOLD IN THE STATE AND THE BASIS F OR THE CALCULATION OF T HE 1
329329 FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCISE TAX OWED. 2
330330
331331 SUBTITLE 3. TAX PAYMENT. 3
332332
333333 7.7–301. 4
334334
335335 (A) EACH PERSON REQUIRED TO FILE A RETURN UND ER § 7.7–201 OF THIS 5
336336 TITLE SHALL PAY THE FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCISE 6
337337 TAX IN THE MANNER THAT T HE COMPTROLLER REQUIRES , WITH THE RETURN THAT 7
338338 COVERS THE PERIOD IN WHICH THE PERSON SOLD FIREARMS , FIREARM 8
339339 ACCESSORIES, OR AMMUNITION IN THE STATE. 9
340340
341341 (B) IF A CORPORATION , OTHER THAN A NONSTOC K, NONPROFIT 10
342342 CORPORATION , IS REQUIRED T O PAY THE FIREARM , FIREARM ACCESSORY , AND 11
343343 AMMUNITION EXCISE TA X, PERSONAL LIABILITY F OR THE TAX AND INTER EST AND 12
344344 PENALTIES ON THE TAX EXTENDS TO ANY OFFIC ER OF THE CORPORATIO N WHO 13
345345 EXERCISES DIRECT CON TROL OVER ITS FISCAL MANAGEMENT . 14
346346
347347 (C) IF A LIMITED LIABILITY COMPANY , OR LIMITED LIABILITY 15
348348 PARTNERSHIP , INCLUDING A LIMITED PARTNERSHIP REGISTER ED AS A LIMITED 16
349349 LIABILITY LIMITED PA RTNERSHIP, IS REQUIRED TO PAY T HE FIREARM, FIREARM 17
350350 ACCESSORY, AND AMMUNITION EXCIS E TAX, PERSONAL LIABILITY F OR THE TAX AND 18
351351 INTEREST AND PENALTIES ON THE TAX EXTENDS T O ANY PERSON WHO EXE RCISES 19
352352 DIRECT CONTROL OVER THE FISCAL MANAGEMEN T OF THE LIMITED LIA BILITY 20
353353 COMPANY OR LIMITED L IABILITY PARTNERSHIP . 21
354354
355355 13–201. 22
356356
357357 In this subtitle, “tax information” means: 23
358358
359359 (3) any information contained in: 24
360360
361361 (xvi) a tobacco tax return; [or] 25
362362
363363 (xvii) a transportation services assessment return; OR 26
364364
365365 (XVIII) A FIREARM, FIREARM ACCESSORY , AND AMMUNITION 27
366366 EXCISE TAX RETURN . 28
367367
368368 13–508. 29
369369
370370 (a) Within 30 days after the date on which a notice of assessment of the 30
371371 admissions and amusement tax, alcoholic beverage tax, boxing and wrestling tax, 31 HOUSE BILL 935 9
372372
373373
374374 FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCIS E TAX, income tax, motor 1
375375 carrier tax, motor fuel tax, public service company franchise tax, financial institution 2
376376 franchise tax, sales and use tax, or tobacco tax is mailed, a person or governmental unit 3
377377 against which the assessment is made may submit to the tax collector: 4
378378
379379 (1) an application for revision of the assessment; or 5
380380
381381 (2) except for the public service company franchise tax, if the assessment 6
382382 is paid, a claim for refund. 7
383383
384384 (b) If a person or governmental unit fails to submit an application for revision or 8
385385 claim for refund within the time allowed in subsection (a) of this section, the assessment 9
386386 becomes final. 10
387387
388388 (c) The Comptroller or an employee of the Comptroller’s office expressly 11
389389 designated by the Comptroller promptly: 12
390390
391391 (1) (i) shall hold an informal hearing on a person’s or governmental 13
392392 unit’s admissions and amusement tax, alcoholic beverage tax, boxing and wrestling tax, 14
393393 FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCIS E TAX, income tax, motor 15
394394 carrier tax, motor fuel tax, sales and use tax, or tobacco tax application for revision or claim 16
395395 for refund under subsection (a) of this section; and 17
396396
397397 (ii) after the hearing: 18
398398
399399 1. shall act on the application for revision; and 19
400400
401401 2. may assess any additional tax, penalty, and interest due; 20
402402 and 21
403403
404404 (2) shall mail to the person or governmental unit a notice of final 22
405405 determination. 23
406406
407407 13–509. 24
408408
409409 (a) Notwithstanding a person’s failure to file a timely application for revision or 25
410410 claim for refund of an assessment of the admissions and amusement tax, alcoholic beverage 26
411411 tax, boxing and wrestling tax, FIREARM, FIREARM ACCESSORY , AND AMMUNITION 27
412412 EXCISE TAX, income tax, motor carrier tax, motor fuel tax, sales and use tax, or tobacco tax 28
413413 under § 13–508(a) of this subtitle, the Comptroller or the Comptroller’s designee may issue 29
414414 an order decreasing or abating an assessment to correct an erroneous assessment. 30
415415
416416 (b) If action is taken under subsection (a) of this section, the order shall state 31
417417 clearly the reasons for decreasing or abating the assessment. 32
418418
419419 (c) Any order issued by the Comptroller under subsection (a) of this section shall 33
420420 be final and not subject to appeal. 34 10 HOUSE BILL 935
421421
422422
423423
424424 (d) The Comptroller’s refusal to enter an order under subsection (a) of this section 1
425425 shall be final and not subject to appeal. 2
426426
427427 13–825. 3
428428
429429 (J) THE COMPTROLLER MAY REQUI RE A PERSON SUBJECT TO THE 4
430430 FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCIS E TAX TO POST SECURI TY 5
431431 FOR THE FIREARM , FIREARM ACCESSORY , AND AMMUNITION EXCIS E TAX IN THE 6
432432 AMOUNT THAT THE COMPTROLLER DETERMINE S. 7
433433
434434 13–1001. 8
435435
436436 (H) A PERSON WHO IS REQUIR ED TO FILE A FIREARM , FIREARM ACCESSORY , 9
437437 AND AMMUNITION EXCIS E TAX RETURN AND WHO WILLFULLY FAILS TO F ILE THE 10
438438 RETURN AS REQUIRED U NDER TITLE 7.7 OF THIS ARTICLE IS G UILTY OF A 11
439439 MISDEMEANOR AND , ON CONVICTION , IS SUBJECT TO A FINE NOT EXCEEDING $5,000 12
440440 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 13
441441
442442 13–1002. 14
443443
444444 (a) A person who willfully files a false alcoholic beverage tax return OR A FALSE 15
445445 FIREARM, FIREARM ACCESSORY , AND AMMUNITION EXCIS E TAX RETURN is guilty of 16
446446 perjury and, on conviction, is subject to the penalty for perjury. 17
447447
448448 (b) A person, including an officer of a corporation, who willfully files a false digital 18
449449 advertising gross revenues tax return, a false financial institution franchise tax return, a 19
450450 false public service company franchise tax return, or a false income tax return with the 20
451451 intent to evade the payment of tax due under this article is guilty of perjury and, on 21
452452 conviction, is subject to the penalty for perjury. 22
453453
454454 (c) Subsections (a) and (b) of this section apply to the alcoholic beverage, digital 23
455455 advertising gross revenues, FIREARM, FIREARM ACCESSORY , AND AMMUNITION 24
456456 EXCISE, financial institution franchise, public service company franchise, and income 25
457457 taxes. 26
458458
459459 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
460460 1, 2025. 28