§ 13-209. Collection and use
West's Annotated Code of MarylandTax-PropertyEffective: October 1, 2026
Effective: October 1, 2026
MD Code, Tax - Property, § 13-209
§ 13-209. Collection and use
<Section effective Oct. 1, 2026. See, also, section 13-209 effective until Oct. 1, 2026.>
(a)(1) Before any other distribution under this section, in any fiscal year that bonds secured by a pledge of the State transfer tax are outstanding, the revenue from the transfer tax shall be used to pay, as and when due, the principal of and interest on the bonds.
(4) In any fiscal year in which transfer tax revenue is used to pay debt service on outstanding bonds under paragraph (1) of this subsection, the distribution of revenues in the special fund under this section and as specified in § 5-903(a)(2)(i)1A of the Natural Resources Article, for State land acquisition, or to the Agricultural Land Preservation Fund to the extent any debt service is attributable to that Fund, shall be reduced by an amount equal to the debt service for the fiscal year.
(b) For the fiscal year beginning July 1, 2002 and for subsequent fiscal years, up to 3% of the revenues in the special fund may be appropriated in the State budget for salaries and related expenses in the Departments of General Services and Natural Resources and in the Department of Planning necessary to administer Title 5, Subtitle 9 of the Natural Resources Article (Program Open Space).
(c)(1) Subject to subsection (e) of this section, of the balance of the revenue in the special fund, not required under subsection (b) of this section:
(d) Subject to subsections (d-1) and (e) of this section, for the fiscal year beginning July 1, 2002 and for each subsequent fiscal year, the balance of the revenue in the special fund, not required under subsection (b) of this section and not allocated to the General Fund under subsection (c)(1) of this section shall be allocated in the State budget as follows:
(d-1)(1) In this subsection, “eligible purpose” means a purpose, program, or fund to which revenue in the special fund is required to be allocated under subsection (d) of this section.
(ii) except as otherwise expressly provided under the bond enabling act through which the funding is provided, the allocations provided under subsection (d) of this section shall be adjusted to reduce the amount that would otherwise be allocated for each eligible purpose by the amount of funding provided for that purpose under the bond enabling act.
(e) The sums allocated in subsection (d) of this section may not revert to the General Fund of the State.
(f)(1)(i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, for any fiscal year in which the actual transfer tax revenue collections are greater than the revenue estimates used as the basis for the appropriations required under this section for the fiscal year, the amount of the excess shall be allocated to the special fund under subsection (a) of this section as provided under subsections (c) and (d) of this section for the second fiscal year following the fiscal year in which there is an excess.
(iii) Notwithstanding subparagraph (i) of this paragraph or any other provision of law, in any fiscal year in which an appropriation or transfer is made from the special fund to the General Fund, if the actual transfer tax revenue collections for the prior fiscal year exceed the budget estimate for the prior fiscal year, the excess shall be allocated in the current fiscal year for Program Open Space, the Agricultural Land Preservation Fund, the Rural Legacy Program, and the Heritage Conservation Fund. Funds made available under this subparagraph shall be allocated as provided under subsection (d) of this section.
(i) for the first $3,000,000 of any deficiency, the allocation to the special fund under subsection (a) of this section as provided under subsections (c) and (d) of this section for the second fiscal year following the deficiency shall be reduced by either the amount of the deficiency or $3,000,000, whichever is less;
(ii) for any deficiency in excess of $3,000,000, the amount in excess of $3,000,000 shall be reconciled either by the reduction of the allocation to the special fund under subsection (a) of this section as provided under subsections (c) and (d) of this section for the second fiscal year following the deficiency or by the deauthorization of projects authorized in prior fiscal years;
(g)(1)(i) The Governor shall include in the annual budget bill for fiscal year 2023 a General Fund appropriation to the special fund in the amount of $12,500,000.
(2)(i) The Governor shall include in the annual budget bill for fiscal year 2023 a General Fund appropriation to the special fund in the amount of $6,000,000 for park development and the critical maintenance of State projects located on lands managed by the Department of Natural Resources for public purposes.
(3)(i) 1. For fiscal year 2023, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $2,500,000 to the Maryland Agricultural and Resource-Based Industry Development Corporation for the Next Generation Farmland Acquisition Program authorized under § 10-523(a)(3)(ii) of the Economic Development Article.
2. For fiscal year 2025 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $2,735,000 to the Maryland Agricultural and Resource-Based Industry Development Corporation established under Title 10, Subtitle 5 of the Economic Development Article to be used as follows:
Appropriation or a transfer from the special fund to the General Fund occurring after the fiscal year ending June 30, 2018
(h)(1) If an appropriation or a transfer from the special fund to the General Fund occurs after the fiscal year ending June 30, 2018, the Governor shall include in the annual budget bills for each of the 3 successive fiscal years following the fiscal year in which a transfer is made a General Fund appropriation to the special fund equal to one-third of the cumulative amount of the appropriation or transfer from the special fund to the General Fund for the applicable fiscal year.
(i)(1) The distributions required under this subsection may not be utilized or considered for the purposes of calculating any allocation or appropriation under subsection (f) or (g) of this section.
Credits
Added by Acts 1985, c. 8, § 2, eff. Feb. 1, 1986. Amended by Acts 1987, c. 303; Acts 1990, c. 63; Acts 1993, c. 204, § 1; Acts 1995, c. 606, § 1, eff. July 1, 1995; Acts 1996, c. 600, § 1, eff. June 1, 1996; Acts 1996, c. 601, § 1, eff. Oct. 1, 1996; Acts 1997, c. 757, § 1, eff. July 1, 1997; Acts 1997, c. 758, § 1, eff. July 1, 1997; Acts 1999, c. 588, § 1, eff. June 1, 1999; Acts 2000, c. 209, § 2, eff. July 1, 2000; Acts 2002, c. 440, § 3, eff. July 1, 2002; Acts 2003, c. 203, § 1, eff. June 1, 2003; Acts 2004, c. 430, § 1, eff. June 1, 2004; Acts 2005, c. 444, § 1, eff. July 1, 2005; Acts 2005, c. 473, § 1, eff. July 1, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2007, c. 5, § 1, eff. March 22, 2007; Acts 2007, 1st Sp. Sess., c. 3, § 7, eff. July 1, 2008; Acts 2009, c. 419, § 1, eff. June 1, 2009; Acts 2009, c. 487, § 1, eff. June 1, 2009; Acts 2013, c. 425, § 1, eff. June 1, 2013; Acts 2014, c. 464, § 1, eff. June 1, 2014; Acts 2015, c. 489, § 1, eff. June 1, 2015; Acts 2016, c. 10, § 1, eff. July 1, 2016; Acts 2016, c. 100, § 1, eff. April 12, 2016; Acts 2017, c. 23, § 1, eff. June 1, 2017; Acts 2018, c. 10, § 1, eff. June 1, 2018; Acts 2020, c. 538, § 6, eff. June 1, 2020; Acts 2021, c. 150, § 2, eff. June 1, 2021; Acts 2022, c. 39, § 1, eff. June 1, 2022; Acts 2022, c. 393, § 1, eff. Oct. 1, 2022; Acts 2022, c. 394, § 1, eff. Oct. 1, 2022; Acts 2023, c. 546, § 3, eff. Oct. 1, 2023; Acts 2023, c. 575, § 1, eff. July 1, 2023; Acts 2023, c. 576, § 1, eff. July 1, 2023.
Formerly Art. 81, § 278A.
MD Code, Tax - Property, § 13-209, MD TAX PROPERTY § 13-209
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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