EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0488* SENATE BILL 488 Q1 5lr2892 CF HB 168 By: Senator Jennings Introduced and read first time: January 22, 2025 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 25, 2025 CHAPTER ______ AN ACT concerning 1 Manufacturing Business Personal Property Tax – Optional Exemption 2 FOR the purpose of exempting authorizing the Mayor and City Council of Baltimore City 3 or the governing body of a county or municipal corporation to exempt all personal 4 property in the possession of a person engaged in a manufacturing business that is 5 a small or medium–sized enterprise that employs not more than a certain number of 6 employees from the personal property tax; and generally relating to the personal 7 property tax. 8 BY repealing and reenacting, without amendments, 9 Article – Tax – Property 10 Section 1–101(a), (r), and (dd) 1–101(a) and (r) 11 Annotated Code of Maryland 12 (2019 Replacement Volume and 2024 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Tax – Property 15 Section 6–104, 7–109(a), 7–222, 7–225, and 7–508 16 Annotated Code of Maryland 17 (2019 Replacement Volume and 2024 Supplement) 18 BY adding to 19 Article – Tax – Property 20 Section 7–225.1 7–522 21 Annotated Code of Maryland 22 2 SENATE BILL 488 (2019 Replacement Volume and 2024 Supplement) 1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 That the Laws of Maryland read as follows: 3 Article – Tax – Property 4 1–101. 5 (a) In this article the following words have the meanings indicated. 6 (r) (1) “Manufacturing” means the process of substantially transforming, or a 7 substantial step in the process of substantially transforming, tangible personal property 8 into a new and different article of tangible personal property by use of labor or machinery. 9 (2) “Manufacturing” includes: 10 (i) the operation of sawmills, grain mills, or feed mills; 11 (ii) the operation of machinery and equipment used to extract and 12 process minerals, metals, or earthen materials or by–products that result from the 13 extracting or processing; 14 (iii) research and development activities, whether or not the company 15 has a product for sale; 16 (iv) the identification, design, or genetic engineering of biological 17 materials for research or manufacture; and 18 (v) the design, development, or creation of computer software for 19 sale, lease, or license. 20 (3) “Manufacturing” does not include: 21 (i) activities that are primarily a service; 22 (ii) activities that are intellectual, artistic, or clerical in nature; 23 (iii) public utility services, including telephone, gas, electric, water, 24 and steam production services; or 25 (iv) any other activity that would not commonly be considered as 26 manufacturing. 27 (dd) “Property tax” means the property tax imposed by: 28 (1) the State; 29 SENATE BILL 488 3 (2) a county; or 1 (3) a municipal corporation. 2 6–104. 3 Except as otherwise provided in §§ 7–222, 7–225.1, and 7–226 of this article, any 4 stock in business of a person who engages in a manufacturing or commercial business in 5 the State is subject to property tax. 6 7–109. 7 (a) [The] EXCEPT AS PROVIDED IN § 7–225.1 OF THIS TITLE, personal 8 property described in §§ 7–222, 7–225, and 7–226 of this title is subject to the municipal 9 corporation property tax unless exempted in full or in part by the governing body of the 10 municipal corporation by law. 11 7–222. 12 (a) Except as provided in § 7–109 of this title and in subsection (b) of this section, 13 the stock in business of a person engaged in a manufacturing or commercial business is not 14 subject to property tax. 15 (b) Except as provided by § 7–108 of this title AND § 7–225.1 OF THIS SUBTITL E, 16 the personal property described in subsection (a) of this section is subject to a county 17 property tax on 35% of its assessment in Wicomico County. 18 7–225. 19 (a) Except as provided in § 7–109 of this title and in subsection (b) of this section, 20 if used in manufacturing, the following personal property, however operated and whether 21 or not in use, is not subject to property tax: 22 (1) tools; 23 (2) implements; 24 (3) machinery; or 25 (4) manufacturing apparatus or engines. 26 (b) Except as provided by § 7–108 of this title AND § 7–225.1 OF THIS SUBTITLE , 27 the personal property listed in subsection (a) of this section is subject to a county property 28 tax on: 29 4 SENATE BILL 488 (1) 100% of its assessment in Garrett County, Somerset County, Wicomico 1 County, and Worcester County; and 2 (2) 75% of its assessment in Allegany County. 3 (c) Property does not qualify for the exemption under this section if the property 4 is used primarily in administration, management, sales, storage, shipping, receiving, or 5 any other nonmanufacturing activity. 6 (d) In order to qualify for the exemption under this section, a person claiming the 7 exemption must apply for and be granted the exemption by the Department. 8 7–225.1. 9 ALL PERSONAL PROPERTY , INCLUDING MANUFACTUR ING INVENTORY , IN THE 10 POSSESSION OF A PERSON ENGAGED IN A MANUFACTURING B USINESS THAT IS A 11 SMALL OR MEDIUM –SIZED ENTERPRISE IS EXEMPT FROM PROPERTY TAX, 12 INCLUDING ANY SPECIA L TAXING DISTRICT PR OPERTY TAX. 13 7–508. 14 (a) In this section, “manufacturer” means a person who engages in at least 2 of 15 the following processes: 16 (1) applies labor, skill, art, or science to materials; 17 (2) makes changes or modifications in existing material by processes 18 usually considered as manufacturing; 19 (3) develops new forms, qualities, properties, or combinations of materials, 20 or adapts materials to certain uses; or 21 (4) produces from materials a different kind of material with a new use. 22 (b) [The] SUBJECT TO § 7–225.1 OF THIS TITLE, THE governing body of 23 Washington County may exempt the raw materials used in a manufacturing process and 24 manufactured products in the possession of a manufacturer from the Washington County 25 property tax. 26 7–522. 27 (A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 28 GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY EXEM PT FROM 29 THE COUNTY OR MUNICI PAL CORPORATION PROP ERTY TAX ALL PERSONA L 30 PROPERTY, INCLUDING MANUFACTUR ING INVENTORY , IN THE POSSESSION OF A 31 SENATE BILL 488 5 PERSON ENGAGED IN A MANUFACTURING BUSINE SS THAT EMPLOYS 50 OR FEWER 1 EMPLOYEES. 2 (B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 3 GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY 4 LAW, FOR REGULATIONS , PROCEDURES , AND ANY OTHER PROVIS ION NECESSARY TO 5 CARRY OUT THE EXEMPT ION UNDER THIS SECTION . 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7 1, 2025, and shall be applicable to all taxable years beginning after June 30, 2025. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.