1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0815* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 815 |
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8 | 8 | | Q3 5lr2744 |
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9 | 9 | | HB 626/24 – W&M CF SB 419 |
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10 | 10 | | By: Delegate Stein |
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11 | 11 | | Introduced and read first time: January 29, 2025 |
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12 | 12 | | Assigned to: Ways and Means |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Income Tax – Subtraction Modification – Public Safety Volunteers 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of increasing the amount of a subtraction modification under the 3 |
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21 | 21 | | Maryland income tax for an individual who is a qualifying public safety volunteer 4 |
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22 | 22 | | beginning in a certain taxable year; and generally relating to a subtraction 5 |
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23 | 23 | | modification under the Maryland income tax for qualifying public safety volunteers. 6 |
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24 | 24 | | |
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25 | 25 | | BY repealing and reenacting, without amendments, 7 |
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26 | 26 | | Article – Tax – General 8 |
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27 | 27 | | Section 10–208(a) 9 |
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28 | 28 | | Annotated Code of Maryland 10 |
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29 | 29 | | (2022 Replacement Volume and 2024 Supplement) 11 |
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30 | 30 | | |
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31 | 31 | | BY repealing and reenacting, with amendments, 12 |
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32 | 32 | | Article – Tax – General 13 |
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33 | 33 | | Section 10–208(i–1) 14 |
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34 | 34 | | Annotated Code of Maryland 15 |
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35 | 35 | | (2022 Replacement Volume and 2024 Supplement) 16 |
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36 | 36 | | |
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37 | 37 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 |
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38 | 38 | | That the Laws of Maryland read as follows: 18 |
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39 | 39 | | |
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40 | 40 | | Article – Tax – General 19 |
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41 | 41 | | |
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42 | 42 | | 10–208. 20 |
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43 | 43 | | |
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44 | 44 | | (a) In addition to the modification under § 10–207 of this subtitle, the amounts 21 |
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45 | 45 | | under this section are subtracted from the federal adjusted gross income of a resident to 22 |
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46 | 46 | | determine Maryland adjusted gross income. 23 |
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47 | 47 | | 2 HOUSE BILL 815 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (i–1) (1) (i) In this subsection the following words have the meanings 1 |
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51 | 51 | | indicated. 2 |
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52 | 52 | | |
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53 | 53 | | (ii) “Public safety organization” means: 3 |
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54 | 54 | | |
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55 | 55 | | 1. a bona fide Maryland police agency; 4 |
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56 | 56 | | |
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57 | 57 | | 2. a bona fide Maryland fire, rescue, or emergency medical 5 |
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58 | 58 | | services organization; 6 |
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59 | 59 | | |
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60 | 60 | | 3. an auxiliary organization of a bona fide Maryland fire, 7 |
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61 | 61 | | rescue, or emergency medical services organization; 8 |
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62 | 62 | | |
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63 | 63 | | 4. the United States Coast Guard Auxiliary; 9 |
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64 | 64 | | |
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65 | 65 | | 5. the Maryland Defense Force; or 10 |
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66 | 66 | | |
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67 | 67 | | 6. the Maryland Civil Air Patrol. 11 |
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68 | 68 | | |
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69 | 69 | | (iii) “Public safety volunteer” means a member of a public safety 12 |
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70 | 70 | | organization. 13 |
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71 | 71 | | |
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72 | 72 | | (2) The subtraction under subsection (a) of this section includes an amount 14 |
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73 | 73 | | equal to the amount specified in paragraph (4) of this subsection if an individual is a 15 |
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74 | 74 | | qualifying public safety volunteer for the taxable year, as determined under paragraph (3) 16 |
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75 | 75 | | of this subsection. 17 |
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76 | 76 | | |
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77 | 77 | | (3) An individual is a qualifying public safety volunteer for the taxable year 18 |
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78 | 78 | | eligible for the subtraction modification under this subsection if the individual: 19 |
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79 | 79 | | |
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80 | 80 | | (i) is an active member of a public safety organization; 20 |
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81 | 81 | | |
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82 | 82 | | (ii) serves the public safety organization in a volunteer capacity 21 |
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83 | 83 | | without compensation, except nominal expenses or meals; 22 |
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84 | 84 | | |
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85 | 85 | | (iii) 1. qualifies for active status during the taxable year under: 23 |
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86 | 86 | | |
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87 | 87 | | A. a police auxiliary or reserve volunteer program approved 24 |
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88 | 88 | | by the Maryland Police Training and Standards Commission in conjunction with the 25 |
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89 | 89 | | Maryland Association of Counties and the Maryland Municipal League that includes 26 |
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90 | 90 | | uniform systems for qualification and record keeping, if the program is incorporated into 27 |
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91 | 91 | | the police agency’s rules and regulations; 28 |
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92 | 92 | | |
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93 | 93 | | B. a volunteer fire, rescue, or emergency medical services 29 |
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94 | 94 | | personnel or auxiliary length of service award program operated by a county or municipal 30 |
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95 | 95 | | corporation of the State, if the length of service award program requires for active status 31 HOUSE BILL 815 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | qualification a minimum of 50 points per year and that points be earned in at least two 1 |
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99 | 99 | | different categories; or 2 |
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100 | 100 | | |
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101 | 101 | | C. a point system established by a county or municipal 3 |
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102 | 102 | | corporation that does not operate a volunteer fire, rescue, or emergency medical services 4 |
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103 | 103 | | personnel or auxiliary length of service award program or by the United States Coast Guard 5 |
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104 | 104 | | Auxiliary, the Maryland Defense Force, or the Maryland Civil Air Patrol, to identify active 6 |
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105 | 105 | | members of a volunteer fire, rescue, or emergency medical services organization or 7 |
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106 | 106 | | auxiliary organization, if the point system requires for active status qualification a 8 |
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107 | 107 | | minimum of 50 points per year and that points be earned in at least two different categories; 9 |
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108 | 108 | | |
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109 | 109 | | 2. has maintained active status for at least 25 years under: 10 |
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110 | 110 | | |
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111 | 111 | | A. a police auxiliary or reserve volunteer program; or 11 |
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112 | 112 | | |
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113 | 113 | | B. a volunteer fire, rescue, or emergency medical services 12 |
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114 | 114 | | personnel or auxiliary length of service award program or a point system established in 13 |
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115 | 115 | | lieu of a length of service award program; 14 |
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116 | 116 | | |
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117 | 117 | | 3. is a member of the National Guard or other reserve 15 |
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118 | 118 | | component of the United States armed forces who has been ordered into active military 16 |
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119 | 119 | | service and who serves on active duty in the armed forces of the United States during the 17 |
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120 | 120 | | taxable year; or 18 |
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121 | 121 | | |
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122 | 122 | | 4. is a civilian or a member of the Merchant Marine on 19 |
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123 | 123 | | assignment in support of the armed forces of the United States during the taxable year in 20 |
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124 | 124 | | an area designated as a combat zone by executive order of the President; and 21 |
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125 | 125 | | |
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126 | 126 | | (iv) will have been an active member of a public safety organization 22 |
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127 | 127 | | for at least 36 months during the last 10 calendar years by December 31 of the taxable year. 23 |
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128 | 128 | | |
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129 | 129 | | (4) The amount of the subtraction under paragraph (2) of this subsection is 24 |
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130 | 130 | | equal to: 25 |
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131 | 131 | | |
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132 | 132 | | (I) $7,000 FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 26 |
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133 | 133 | | 31, 2023, BUT BEFORE JANUARY 1, 2025; AND 27 |
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134 | 134 | | |
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135 | 135 | | (II) $10,000 FOR A TAXABLE YEAR B EGINNING AFTER 28 |
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136 | 136 | | DECEMBER 31, 2024. 29 |
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137 | 137 | | |
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138 | 138 | | (5) (i) Each police agency shall: 30 |
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139 | 139 | | |
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140 | 140 | | 1. maintain a record of the activities of each member of a 31 |
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141 | 141 | | police auxiliary or reserve during the calendar year; 32 |
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142 | 142 | | 4 HOUSE BILL 815 |
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143 | 143 | | |
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144 | 144 | | |
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145 | 145 | | 2. provide each member a report by February 15 of the 1 |
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146 | 146 | | following year indicating that the member qualified during the preceding calendar year; 2 |
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147 | 147 | | and 3 |
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148 | 148 | | |
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149 | 149 | | 3. provide a report that includes the names, Social Security 4 |
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150 | 150 | | numbers, and a certification that the individual qualified for the subtraction modification 5 |
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151 | 151 | | under this section. 6 |
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152 | 152 | | |
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153 | 153 | | (ii) Each fire, rescue, or emergency medical services organization or 7 |
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154 | 154 | | auxiliary organization shall: 8 |
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155 | 155 | | |
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156 | 156 | | 1. maintain a record of the points earned by each individual 9 |
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157 | 157 | | during each calendar year; 10 |
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158 | 158 | | |
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159 | 159 | | 2. provide each member a report identifying the number of 11 |
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160 | 160 | | points earned in each category by February 15 of the following year; and 12 |
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161 | 161 | | |
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162 | 162 | | 3. provide a report that includes the names, Social Security 13 |
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163 | 163 | | numbers, and points earned by those members qualifying for the subtraction modification 14 |
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164 | 164 | | under this subsection to the Maryland State [Firemen’s] FIREFIGHTERS Association by 15 |
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165 | 165 | | May 1 of the following year. 16 |
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166 | 166 | | |
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167 | 167 | | (iii) An individual may not qualify for the subtraction under this 17 |
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168 | 168 | | subsection based on membership in the United States Coast Guard Auxiliary, the Maryland 18 |
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169 | 169 | | Defense Force, or the Maryland Civil Air Patrol unless the United States Coast Guard 19 |
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170 | 170 | | Auxiliary, the Maryland Defense Force, or the Maryland Civil Air Patrol: 20 |
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171 | 171 | | |
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172 | 172 | | 1. maintains a record of the points earned by each individual 21 |
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173 | 173 | | during each calendar year; 22 |
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174 | 174 | | |
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175 | 175 | | 2. provides each member a report identifying the number of 23 |
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176 | 176 | | points earned in each category by February 15 of the following year; and 24 |
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177 | 177 | | |
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178 | 178 | | 3. provides a report that includes the names, Social Security 25 |
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179 | 179 | | numbers, and points earned by those members qualifying for the subtraction modification 26 |
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180 | 180 | | under this subsection to the Comptroller on or before October 1 of each year. 27 |
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181 | 181 | | |
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182 | 182 | | (6) To qualify for the subtraction modification under this subsection, an 28 |
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183 | 183 | | individual shall attach to the individual’s income tax return a copy of the report provided 29 |
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184 | 184 | | by the public safety organization under paragraph (5) of this subsection. 30 |
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185 | 185 | | |
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186 | 186 | | (7) (i) On or before October 1 each year, each bona fide Maryland police 31 |
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187 | 187 | | agency shall submit to the Department of Public Safety and Correctional Services and the 32 |
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188 | 188 | | Office of the Comptroller a report listing the names and Social Security numbers of 33 |
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189 | 189 | | individuals who qualified for the subtraction modification under this subsection for the 34 |
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190 | 190 | | preceding taxable year. 35 |
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191 | 191 | | HOUSE BILL 815 5 |
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192 | 192 | | |
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193 | 193 | | |
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194 | 194 | | (ii) On or before October 1 of each year, the Maryland State 1 |
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195 | 195 | | [Firemen’s] FIREFIGHTERS Association shall submit to the Department of Public Safety 2 |
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196 | 196 | | and Correctional Services and the Office of the Comptroller a report stating the 3 |
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197 | 197 | | participation in the point system by the various local subdivisions with the names and 4 |
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198 | 198 | | Social Security numbers of individuals who qualified for the subtraction modification under 5 |
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199 | 199 | | this subsection for the preceding taxable year. 6 |
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200 | 200 | | |
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201 | 201 | | (8) (i) A person may not knowingly make or cause any false statement 7 |
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202 | 202 | | or report to be made in any application or in any document required under this subsection. 8 |
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203 | 203 | | |
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204 | 204 | | (ii) Any person who violates or attempts to violate any provision of 9 |
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205 | 205 | | subparagraph (i) of this paragraph shall be subject to a fine of $1,000. 10 |
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206 | 206 | | |
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207 | 207 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11 |
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208 | 208 | | 1, 2025. 12 |
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