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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 | *sb0733* | |
9 | 6 | ||
10 | 7 | SENATE BILL 733 | |
11 | 8 | Q8 4lr2646 | |
12 | 9 | ||
13 | 10 | By: Senator Carter | |
14 | 11 | Introduced and read first time: January 31, 2024 | |
15 | 12 | Assigned to: Budget and Taxation | |
16 | - | Committee Report: Favorable | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: March 2, 2024 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Task Force to Study Transparency in Tax Incentives 2 | |
25 | 19 | ||
26 | 20 | FOR the purpose of establishing the Task Force to Study Transparency in Tax Incentives 3 | |
27 | 21 | to study and recommend a uniform process for evaluating certain tax incentives; and 4 | |
28 | 22 | generally relating to the Task Force to Study Transparency in Tax Incentives. 5 | |
29 | 23 | ||
30 | 24 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
31 | 25 | That: 7 | |
32 | 26 | ||
33 | 27 | (a) In this section, “tax incentives” means: 8 | |
34 | 28 | ||
35 | 29 | (1) tax increment financing authorized under Title 12, Subtitle 2 of the 9 | |
36 | 30 | Economic Development Article; 10 | |
37 | 31 | ||
38 | 32 | (2) payments in lieu of taxes authorized under Title 7, Subtitle 5 of the Tax 11 | |
39 | 33 | – Property Article; 12 | |
40 | 34 | ||
41 | 35 | (3) the Enterprise Zone property tax credit required under § 9–103 of the 13 | |
42 | 36 | Tax – Property Article; and 14 | |
43 | 37 | ||
44 | 38 | (4) the Brownfields Revitalization Incentive Program established under § 15 | |
45 | 39 | 5–335 of the Economic Development Article. 16 | |
46 | 40 | ||
47 | 41 | (b) There is a Task Force to Study Transparency in Tax Incentives. 17 | |
42 | + | ||
43 | + | (c) The Task Force consists of the following members: 18 | |
44 | + | ||
45 | + | (1) one member of the Senate of Maryland, appointed by the President of 19 | |
46 | + | the Senate; 20 | |
48 | 47 | 2 SENATE BILL 733 | |
49 | 48 | ||
50 | 49 | ||
51 | - | (c) The Task Force consists of the following members: 1 | |
50 | + | (2) one member of the House of Delegates, appointed by the Speaker of the 1 | |
51 | + | House; 2 | |
52 | 52 | ||
53 | - | ( | |
54 | - | the | |
53 | + | (3) the Executive Director of the State Department of Assessments and 3 | |
54 | + | Taxation, or the Executive Director’s designee; and 4 | |
55 | 55 | ||
56 | - | (2) one member of the House of Delegates, appointed by the Speaker of the 4 | |
57 | - | House; 5 | |
56 | + | (4) the following members, appointed by the Governor: 5 | |
58 | 57 | ||
59 | - | (3) the Executive Director of the State Department of Assessments and 6 | |
60 | - | Taxation, or the Executive Director’s designee; and 7 | |
58 | + | (i) three members who are experts in technology and data collection; 6 | |
61 | 59 | ||
62 | - | (4) the following members, appointed by the Governor: 8 | |
60 | + | (ii) two members who are experts in real estate development or 7 | |
61 | + | related fields; 8 | |
63 | 62 | ||
64 | - | (i) three members who are experts in technology and data collection; 9 | |
63 | + | (iii) one elected official from the jurisdiction with the largest amount 9 | |
64 | + | of forgone revenue calculated on a per capita basis for fiscal year 2024 attributable to the 10 | |
65 | + | tax incentives; 11 | |
65 | 66 | ||
66 | - | (ii) two members who are experts in real estate development or 10 | |
67 | - | related fields; 11 | |
67 | + | (iv) one elected official from the jurisdiction with the second largest 12 | |
68 | + | amount of forgone revenue calculated on a per capita basis for fiscal year 2024 attributable 13 | |
69 | + | to the tax incentives; and 14 | |
68 | 70 | ||
69 | - | ( | |
70 | - | of forgone revenue calculated on a | |
71 | - | tax incentives | |
71 | + | (v) one representative of the primary economic development 15 | |
72 | + | authority for the jurisdiction with the largest amount of forgone revenue calculated on a 16 | |
73 | + | per capita basis for fiscal year 2024 attributable to the tax incentives. 17 | |
72 | 74 | ||
73 | - | (iv) one elected official from the jurisdiction with the second largest 15 | |
74 | - | amount of forgone revenue calculated on a per capita basis for fiscal year 2024 attributable 16 | |
75 | - | to the tax incentives; and 17 | |
75 | + | (d) The Governor shall designate the chair of the Task Force. 18 | |
76 | 76 | ||
77 | - | (v) one representative of the primary economic development 18 | |
78 | - | authority for the jurisdiction with the largest amount of forgone revenue calculated on a 19 | |
79 | - | per capita basis for fiscal year 2024 attributable to the tax incentives. 20 | |
77 | + | (e) The State Department of Assessments and Taxation shall provide staff for the 19 | |
78 | + | Task Force. 20 | |
80 | 79 | ||
81 | - | ( | |
80 | + | (f) A member of the Task Force: 21 | |
82 | 81 | ||
83 | - | (e) The State Department of Assessments and Taxation shall provide staff for the 22 | |
84 | - | Task Force. 23 | |
82 | + | (1) may not receive compensation as a member of the Task Force; but 22 | |
85 | 83 | ||
86 | - | (f) A member of the Task Force: 24 | |
84 | + | (2) is entitled to reimbursement for expenses under the Standard State 23 | |
85 | + | Travel Regulations, as provided in the State budget. 24 | |
87 | 86 | ||
88 | - | ( | |
87 | + | (g) The Task Force shall: 25 | |
89 | 88 | ||
90 | - | (2) is entitled to reimbursement for expenses under the Standard State 26 | |
91 | - | Travel Regulations, as provided in the State budget. 27 | |
89 | + | (1) study the use and performance of the tax incentives; 26 | |
92 | 90 | ||
93 | - | (g) The Task Force shall: 28 | |
91 | + | (2) identify the most appropriate performance metrics for evaluating the 27 | |
92 | + | tax incentives; 28 | |
94 | 93 | ||
95 | - | (1) study the use and performance of the tax incentives; 29 | |
94 | + | (3) collect data, for the last 5 years, necessary to evaluate the tax incentives 29 | |
95 | + | using the most appropriate performance metrics; and 30 | |
96 | 96 | SENATE BILL 733 3 | |
97 | 97 | ||
98 | 98 | ||
99 | - | (2) identify the most appropriate performance metrics for evaluating the 1 | |
100 | - | tax incentives; 2 | |
99 | + | (4) make recommendations regarding: 1 | |
101 | 100 | ||
102 | - | ( | |
103 | - | ||
101 | + | (i) the implementation of uniform reporting for data on and 2 | |
102 | + | evaluation of the tax incentives; 3 | |
104 | 103 | ||
105 | - | (4) make recommendations regarding: 5 | |
104 | + | (ii) the method for processing, presenting, and preserving data on 4 | |
105 | + | the tax incentives; 5 | |
106 | 106 | ||
107 | - | ( | |
108 | - | ||
107 | + | (iii) the establishment of standard performance metrics to evaluate 6 | |
108 | + | the tax incentives; and 7 | |
109 | 109 | ||
110 | - | ( | |
111 | - | the tax incentives | |
110 | + | (iv) the creation of a public database to make the data and 8 | |
111 | + | performance evaluation of the tax incentives publicly available. 9 | |
112 | 112 | ||
113 | - | (iii) the establishment of standard performance metrics to evaluate 10 | |
114 | - | the tax incentives; and 11 | |
113 | + | (h) On or before July 1, 2025, the Task Force shall report its findings and 10 | |
114 | + | recommendations to the Governor, the governing body of any local government that 11 | |
115 | + | provides a tax incentive, and, in accordance with § 2–1257 of the State Government Article, 12 | |
116 | + | the General Assembly. 13 | |
115 | 117 | ||
116 | - | (iv) the creation of a public database to make the data and 12 | |
117 | - | performance evaluation of the tax incentives publicly available. 13 | |
118 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 | |
119 | + | 1, 2024. It shall remain effective for a period of 1 year and 6 months and, at the end of 15 | |
120 | + | December 31, 2025, this Act, with no further action required by the General Assembly, shall 16 | |
121 | + | be abrogated and of no further force and effect. 17 | |
118 | 122 | ||
119 | - | (h) On or before July 1, 2025, the Task Force shall report its findings and 14 | |
120 | - | recommendations to the Governor, the governing body of any local government that 15 | |
121 | - | provides a tax incentive, and, in accordance with § 2–1257 of the State Government Article, 16 | |
122 | - | the General Assembly. 17 | |
123 | - | ||
124 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18 | |
125 | - | 1, 2024. It shall remain effective for a period of 1 year and 6 months and, at the end of 19 | |
126 | - | December 31, 2025, this Act, with no further action required by the General Assembly, shall 20 | |
127 | - | be abrogated and of no further force and effect. 21 | |
128 | - | ||
129 | - | ||
130 | - | ||
131 | - | ||
132 | - | Approved: | |
133 | - | ________________________________________________________________________________ | |
134 | - | Governor. | |
135 | - | ________________________________________________________________________________ | |
136 | - | President of the Senate. | |
137 | - | ________________________________________________________________________________ | |
138 | - | Speaker of the House of Delegates. |