Maryland 2024 Regular Session

Maryland Senate Bill SB733 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0733*
96
107 SENATE BILL 733
118 Q8 4lr2646
129
1310 By: Senator Carter
1411 Introduced and read first time: January 31, 2024
1512 Assigned to: Budget and Taxation
16-Committee Report: Favorable
17-Senate action: Adopted
18-Read second time: March 2, 2024
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Task Force to Study Transparency in Tax Incentives 2
2519
2620 FOR the purpose of establishing the Task Force to Study Transparency in Tax Incentives 3
2721 to study and recommend a uniform process for evaluating certain tax incentives; and 4
2822 generally relating to the Task Force to Study Transparency in Tax Incentives. 5
2923
3024 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
3125 That: 7
3226
3327 (a) In this section, “tax incentives” means: 8
3428
3529 (1) tax increment financing authorized under Title 12, Subtitle 2 of the 9
3630 Economic Development Article; 10
3731
3832 (2) payments in lieu of taxes authorized under Title 7, Subtitle 5 of the Tax 11
3933 – Property Article; 12
4034
4135 (3) the Enterprise Zone property tax credit required under § 9–103 of the 13
4236 Tax – Property Article; and 14
4337
4438 (4) the Brownfields Revitalization Incentive Program established under § 15
4539 5–335 of the Economic Development Article. 16
4640
4741 (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
4847 2 SENATE BILL 733
4948
5049
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
5252
53- (1) one member of the Senate of Maryland, appointed by the President of 2
54-the Senate; 3
53+ (3) the Executive Director of the State Department of Assessments and 3
54+Taxation, or the Executive Director’s designee; and 4
5555
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
5857
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
6159
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
6362
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
6566
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
6870
69- (iii) one elected official from the jurisdiction with the largest amount 12
70-of forgone revenue calculated on a per capita basis for fiscal year 2024 attributable to the 13
71-tax incentives; 14
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
7274
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
7676
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
8079
81- (d) The Governor shall designate the chair of the Task Force. 21
80+ (f) A member of the Task Force: 21
8281
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
8583
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
8786
88- (1) may not receive compensation as a member of the Task Force; but 25
87+ (g) The Task Force shall: 25
8988
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
9290
93- (g) The Task Force shall: 28
91+ (2) identify the most appropriate performance metrics for evaluating the 27
92+tax incentives; 28
9493
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
9696 SENATE BILL 733 3
9797
9898
99- (2) identify the most appropriate performance metrics for evaluating the 1
100-tax incentives; 2
99+ (4) make recommendations regarding: 1
101100
102- (3) collect data, for the last 5 years, necessary to evaluate the tax incentives 3
103-using the most appropriate performance metrics; and 4
101+ (i) the implementation of uniform reporting for data on and 2
102+evaluation of the tax incentives; 3
104103
105- (4) make recommendations regarding: 5
104+ (ii) the method for processing, presenting, and preserving data on 4
105+the tax incentives; 5
106106
107- (i) the implementation of uniform reporting for data on and 6
108-evaluation of the tax incentives; 7
107+ (iii) the establishment of standard performance metrics to evaluate 6
108+the tax incentives; and 7
109109
110- (ii) the method for processing, presenting, and preserving data on 8
111-the tax incentives; 9
110+ (iv) the creation of a public database to make the data and 8
111+performance evaluation of the tax incentives publicly available. 9
112112
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
115117
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
118122
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.