reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2103 - Members of Advisory Commission -- Oath -- Terms -- Removal

(a)    (1)    The Advisory Commission consists of the following members:
(i)    the Secretary or the Secretary’s designee;
(ii)    the Secretary of Agriculture, or the Secretary’s designee;
(iii)    the Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs, or the Special Secretary’s designee;
(iv)    one member of the Alcohol and Tobacco Commission, designated by the chair of the Alcohol and Tobacco Commission;
(v)    one member of the Senate of Maryland, appointed by the President of the Senate;
(vi)    one member of the House of Delegates, appointed by the Speaker of the House; and
(vii)    the following members appointed by the Governor:
1.    one member representing the University of Maryland College of Agriculture and Natural Resources;
2.    two members representing breweries in the State;
3.    two members representing distilleries in the State;
4.    two members representing wineries in the State; and
5.    two members representing growers in the State.
(2)    To the extent practicable, the members of the Commission shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.
(b)    Before taking office, each member of the Advisory Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Advisory Commission on July 1, 2022.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A member may not be appointed for more than two consecutive full terms.
(d)    The Governor may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2104 - Chair and Other Officers

(a)    The Governor shall designate the chair of the Advisory Commission.
(b)    From among its members, the Advisory Commission each year shall elect a vice chair.
(c)    The Advisory Commission shall determine the manner of election of the vice chair and any other officers.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2105 - Meetings -- Quorum

(a)    The Advisory Commission shall determine the times and places of its regular and special meetings.
(b)    The chair of the Advisory Commission:
(1)    may call a special meeting at any time; and
(2)    shall call a special meeting when requested by two or more members of the Advisory Commission.
(c)    A majority of the members then serving on the Advisory Commission is a quorum.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2106 - Compensation and Reimbursement

A member of the Advisory Commission:
(1)    may not receive compensation as a member of the Advisory Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2108 - Duties of Advisory Commission

The Advisory Commission shall:
(1)    advise and recommend to the Secretary for approval the allocation of money from the Maryland Alcohol Manufacturing Promotion Fund to eligible applicants for programs considered necessary or advisable to accomplish the purposes of this subtitle;
(2)    provide a forum to address the issues that are relevant to the growth of the Maryland alcohol manufacturing industry; and
(3)    identify strategies to facilitate growth of viticulture and other products used in manufactured alcohol such as hops, fruit, honey, and grain.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2109 - Maryland Alcohol Manufacturing Promotion Fund -- Purpose -- Funding -- Investments

(a)    There is a Maryland Alcohol Manufacturing Promotion Fund.
(b)    The purpose of the Fund is to provide grants that promote the advantages and attributes of State breweries, distilleries, and wineries and their products manufactured in the State.
(c)    The Secretary shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    revenue distributed to the Fund under § 2–301(b) of the Tax – General Article;
(2)    money appropriated in the State budget to the Fund; and
(3)    any other money from any other source accepted for the benefit of the Fund.
(f)    The Fund may be used only for:
(1)    grants to eligible applicants under § 5–2010 of this subtitle; and
(2)    administrative expenses of the Fund.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the General Fund of the State.
(h)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2110 - Applications for Grant -- Basis for Awarding Grants -- Prohibited Uses

(a)    An applicant for a grant from the Fund shall submit an application to the Advisory Commission on the form that the Secretary requires.
(b)    To be eligible to receive a grant from the Fund, an applicant must be:
(1)    a nonprofit organization under § 501(c)(3) or (6) of the Internal Revenue Code; or
(2)    a State or local governmental unit.
(c)    The Secretary shall award grants to eligible applicants from the Fund based on the advice of the Advisory Commission.
(d)    Subject to the availability of money in the Fund, the Secretary may award grants to eligible applicants to:
(1)    foster the creation and expansion of State breweries, distilleries, and wineries;
(2)    attract new visitors to State breweries, distilleries, and wineries;
(3)    encourage and create incentives for special events to promote State breweries, distilleries, and wineries;
(4)    educate the public about alcohol manufacturing in the State, especially the history of the industry;
(5)    conduct research on, develop incentives for, and promote the growth of State agricultural products used in State manufactured beer, wine, and spirits; or
(6)    support the expansion of minority ownership and participation in the operation of State breweries, distilleries, and wineries.
(e)    An eligible applicant may not use a grant provided under this subtitle to:
(1)    satisfy any part of a matching fund requirement of another State grant provided to the eligible applicant; or
(2)    pay for activities related to lobbying, as defined in Title 5 of the General Provisions Article.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 21 - Maryland Alcohol Manufacturing and Promotion › Section 5-2111 - Annual Report by Advisory Commission

The Advisory Commission shall issue a report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee on the Advisory Commission’s findings and recommendations.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2201 - Definitions

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Covered individual” has the meaning stated in § 11–606 of the Labor and Employment Article.
(c)    “Fund” means the Maryland New Start Microloan Program Fund.
(d)    “Program” means the Maryland New Start Microloan Program.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2202 - Maryland New Start Microloan Program -- Purpose. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
(a)    There is a Maryland New Start Microloan Program.
(b)    The purpose of the Program is to provide loans to covered individuals participating in eligible entrepreneurship development programs.
(c)    The Department, in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs, shall administer the Program.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2203 - Loans to Qualified Covered Individuals -- Referral by Organizations -- Limitations on Loans. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
(a)    To carry out the purpose of the Program, the Department may issue loans in accordance with this section to qualified covered individuals.
(b)    (1)    On a referral by an organization conducting an entrepreneurial development program under the New Start Grant Program established under § 11–606 of the Labor and Employment Article and subject to availability of funds in the Fund, a covered individual participating in that entrepreneurial development program may apply for a loan to establish a business.
(2)    The referral shall include a recommendation by the organization conducting the entrepreneurial development program for the amount of the loan to be issued by the Department.
(3)    The Department shall take a referral and recommendation provided by an organization conducting an entrepreneurial development program under this subsection into consideration when determining to issue a loan under this section but is not bound by the referral or recommendation.
(c)    A loan issued under this section may not exceed $50,000.
(d)    (1)    Subject to paragraph (2) of this subsection, the Department shall specify the terms of the loan.
(2)    The loan may not require the provision of any collateral.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2204 - Maryland New Start Microloan Program Fund -- Purpose -- Funding -- Uses -- Investments. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
(a)    There is a Maryland New Start Microloan Program Fund.
(b)    The purpose of the Fund is to provide loans to covered individuals in accordance with § 5–2203 of this subtitle.
(c)    The Secretary shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    money appropriated in the State budget to the Fund;
(2)    repayments of loans made through the Program;
(3)    any interest earnings of the Fund; and
(4)    any other money from any other source accepted for the benefit of the Fund.
(f)    (1)    The Fund may be used only for:
(i)    administrative costs of the Program; and
(ii)    the issuance of loans under § 5–2203 of this subtitle.
(2)    During each fiscal year, the Department may not utilize more than 10% of the money appropriated to the Fund for administrative costs of this subtitle.
(g)    In each of fiscal years 2024, 2025, 2026, 2027, and 2028, the Governor shall include in the annual budget bill an appropriation of at least $300,000 to the Fund.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2205 - Report by Department on Implementation and Overall Performance. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
On or before January 1, 2029, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(1)    the funds included in the State budget and appropriated for the Fund for each fiscal year during the life of the Program;
(2)    the implementation of the Program by the Department, including an assessment of the effectiveness of the Program; and
(3)    the overall performance of the Program and impacts of the Program on loan recipients.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 5 - Economic Development and Financial Assistance Programs › Subtitle 22 - Maryland New Start Microloan Program. [Subtitle Subject to Abrogation] › Section 5-2206 - Adoption of Regulations. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //
The Department shall adopt regulations to carry out this subtitle.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 1 - Definitions › Section 6-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    “Central services” means the performance of central management or administrative functions.
(2)    “Central services” includes:
(i)    general management;
(ii)    accounting;
(iii)    computer tabulating;
(iv)    data processing;
(v)    purchasing;
(vi)    transportation or shipping;
(vii)    advertising;
(viii)    legal services;
(ix)    financial services; and
(x)    research and development.
(c)    “Company headquarters” means a facility where the majority of a business entity’s financial, personnel, legal, and planning functions are handled on a regional or national basis.
(d)    “Full-time position” means a position requiring an employee to work at least 840 hours during at least 24 weeks in a 6-month period.
(e)    “Qualified employee” means an employee filling a qualified position.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 2 - Film Production Activity Tax Exemption › Section 6-201 - Legislative Intent

The General Assembly intends that the tax exemption under § 11-227 of the Tax - General Article:
(1)    increase the film production activity in the State;
(2)    bring economic benefits to the State; and
(3)    generate increased employment opportunities in the State.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 2 - Film Production Activity Tax Exemption › Section 6-202 - Eligibility and Certification

To receive the tax exemption provided under § 11-227 of the Tax - General Article for a film production activity, a film producer or a film production company shall first have a certification of eligibility for the tax exemption from the Department.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 2 - Film Production Activity Tax Exemption › Section 6-203 - Regulations

The Department and the Comptroller jointly shall adopt regulations defining a film production activity, tangible personal property, and taxable services used directly in connection with a film production activity under § 11-227 of the Tax - General Article.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-302 - Legislative Intent

The General Assembly intends that the purpose of the job creation tax credit authorized under this subtitle is to increase the number of new jobs in the State by encouraging:
(1)    the expansion of existing private sector enterprises; and
(2)    the establishment or attraction of new private sector enterprises.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-305 - Recapture

(a)    The provisions of this section do not apply to a tax credit claimed by a small business under § 6–303(b)(2) of this subtitle.
(b)    If, during any of the 3 years after the credit year, the number of qualified positions of the qualified business entity falls more than 5% below the average number of qualified positions that existed during the credit year on which the credit was computed, the credit shall be recaptured as follows:
(1)    the credit shall be recomputed and reduced by the percentage reduction of the number of qualified employees;
(2)    the recomputed credit shall be subtracted from the amount of credit previously allowed; and
(3)    the qualified business entity shall pay the difference as taxes payable to the State for the taxable year in which the number of qualified positions falls more than 5% below the average number of qualified positions during the credit year.
(c)    If, during any of the 3 years after the credit year, the average number of qualified positions falls below the applicable threshold number of positions required under § 6–303(b)(1) of this subtitle, all credits earned shall be recaptured.
(d)    During the 3 taxable years after the credit year, a qualified business entity shall provide any information required by the Department in regulation to verify that the qualified business entity is not subject to subsection (b) or (c) of this section.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-306 - Information Sharing; Confidentiality

(a)    The Comptroller or other appropriate unit shall share with the Department any information received from a qualified business entity about eligibility for a credit allowed under this subtitle.
(b)    Information that is received under subsection (a) of this section is subject to the confidentiality requirements established by statute or regulation that apply to the Comptroller or unit that receives the information.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-307 - Reports

(a)    In accordance with § 2.5–109 of this article, the Department shall submit a report on the job creation tax credits authorized under this subtitle.
(b)    In accordance with § 2–110 of the Insurance Article, the Maryland Insurance Commissioner shall submit a report on:
(1)    each insurer claiming the credit against the insurance premium tax under § 6–114 of the Insurance Article;
(2)    the total amount of credits claimed by insurers under § 6–114 of the Insurance Article; and
(3)    the number of insurers claiming the credit.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-308 - Regulations

(a)    Except as otherwise provided in this section, the Secretary shall adopt regulations to carry out this subtitle.
(b)    The Comptroller shall adopt regulations to provide for the computation, carryover, and recapture of the credit under § 10-704.4 of the Tax - General Article.
(c)    The State Department of Assessments and Taxation shall adopt regulations to provide for the computation, carryover, and recapture of the credit under §§ 8-214 and 8-411 of the Tax - General Article.
(d)    The Insurance Commissioner shall adopt regulations to provide for the computation, carryover, and recapture of the credit under § 6-114 of the Insurance Article.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 3 - Job Creation Tax Credit › Section 6-309 - Termination; Limitations

(a)    Subject to subsection (b) of this section, this subtitle and the tax credit authorized under it shall terminate on January 1, 2027.
(b)    After termination of this subtitle:
(1)    a business entity may be considered for eligibility for the tax credit authorized under this subtitle based on positions filled before termination of this subtitle, provided that the other requirements of the subtitle are satisfied; and
(2)    tax credits earned may be carried forward and are subject to recapture in accordance with § 6–305 of this subtitle.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 4 - One Maryland Economic Development Tax Credit › Section 6-402 - Qualification; Certification

(a)    (1)    To qualify for a project tax credit, a person shall be certified by the Secretary as meeting the requirements of this subtitle and as being eligible for the tax credit.
(2)    The Secretary may not certify a person as a qualified business entity unless the person notifies the Department of its intent to seek certification before hiring any qualified employees to fill the qualified positions necessary to satisfy the employment threshold under subsection (b)(2) of this section.
(b)    To be eligible for a project tax credit, a person shall:
(1)    establish or expand a business facility that:
(i)    is located in a Tier I county; and
(ii)    1.    A.    is located in a priority funding area under § 5–7B–02 of the State Finance and Procurement Article; or
B.    is eligible for funding outside of a priority funding area under § 5–7B–05 or § 5–7B–06 of the State Finance and Procurement Article; or
2.    is located in a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County;
(2)    during any 24–month period, create at least the number of qualified positions at the new or expanded business facility specified in § 6–403(b) of this subtitle; and
(3)    be primarily engaged at the new or expanded business facility in any combination of:
(i)    manufacturing or mining;
(ii)    transportation or communications;
(iii)    filmmaking, resort business, or recreational business;
(iv)    agriculture, forestry, or fishing;
(v)    research, development, or testing;
(vi)    biotechnology;
(vii)    computer programming, information technology, or other computer–related services;
(viii)    central services for a business entity engaged in financial services, real estate services, or insurance services;
(ix)    the operation of central administrative offices;
(x)    the operation of a company headquarters other than the headquarters of a professional sports organization;
(xi)    the operation of a public utility;
(xii)    warehousing; or
(xiii)    other business services.
(c)    To be certified as a qualified business entity for a project tax credit, a person shall submit to the Secretary an application that specifies:
(1)    the effective date of the start–up or expansion;
(2)    the number of full–time employees before the start–up or expansion and the payroll of the existing employees;
(3)    the number of qualified positions created and qualified employees hired and the payroll of the new qualified employees; and
(4)    any other information that the Secretary requires by regulation.
(d)    The Secretary may require any information required under this section to be verified by an independent auditor that the qualified business entity selects.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 4 - One Maryland Economic Development Tax Credit › Section 6-404 - Reduction of Tax Revenue

A refund payable to a qualified business entity under § 6–403(e) of this subtitle reduces:
(1)    the income tax revenue from corporations if the qualified business entity is a corporation subject to the income tax under Title 10 of the Tax – General Article;
(2)    the income tax revenue from individuals if the qualified business entity is:
(i)    an individual subject to the income tax under Title 10 of the Tax – General Article; or
(ii)    an organization exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code; and
(3)    insurance premium tax revenues if the qualified business entity is subject to taxation under Title 6 of the Insurance Article.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 4 - One Maryland Economic Development Tax Credit › Section 6-405 - Prohibiting Qualified Business Entity Claiming Credit Under Subtitle 3

For any taxable year, if a qualified business entity claims the project tax credit authorized under this subtitle, the qualified business entity may not also claim a credit authorized under Subtitle 3 of this title.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part I - Definitions › Section 6-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authority” means the Maryland E–Nnovation Initiative Fund Authority established under § 6–605 of this subtitle.
(c)    “Endowment proceeds” means those investment earnings accruing to a research endowment of a nonprofit institution of higher education and available for expenditure by the institution in accordance with  § 6–612 of this subtitle.
(d)    “Fund” means the Maryland E–Nnovation Initiative Fund created under § 6–604 of this subtitle.
(e)    “Governing board” has the meaning stated in § 10–101 of the Education Article.
(f)    “Governing body” means:
(1)    a governing board;
(2)    the governing entity of a private nonprofit institution of higher education; or
(3)    the governing entity of a regional higher education center.
(g)    (1)    “Nonprofit institution of higher education” means an institution of postsecondary education located in the State, that receives State funds in the annual operating budget and that generally limits enrollment to graduates of secondary schools and awards degrees at either the associate, baccalaureate, or graduate level.
(2)    “Nonprofit institution of higher education” includes public and private nonprofit institutions of higher education located in the State.
(h)    “Private nonprofit institution of higher education” has the meaning stated in § 10–101 of the Education Article.
(i)    “Program” means the Maryland E–Nnovation Initiative Program under this subtitle.
(j)    “Qualified donation” means any private donation, gift, irrevocable pledge, or bequest to a research endowment in accordance with § 6–613 of this subtitle.
(k)    “Regional higher education center” has the meaning stated in § 10–101 of the Education Article.
(l)    “Research endowment” means an account established at or administered by a nonprofit institution of higher education in accordance with § 6–612 of this subtitle.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part II - Maryland E-Nnovation Initiative Fund and Authority › Section 6-604 - Maryland E-Nnovation Initiative Fund

(a)    There is a Maryland E–Nnovation Initiative Fund in the Department.
(b)    The Secretary shall manage and supervise the Fund.
(c)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(d)    The Fund consists of:
(1)    revenue distributed to the Fund under §  2–202(a)(1) of the Tax – General Article;
(2)    money appropriated in the State budget to the Fund; and
(3)    any other money from any other source accepted for the benefit of the Fund.
(e)    For each of fiscal years 2016 through 2026, the Governor shall include in the budget bill an appropriation to the Fund in an amount that when combined with the amount estimated to be distributed to the Fund under subsection (d)(1) of this section equals at least $8,500,000.
(f)    The Department may use the Fund to:
(1)    finance research endowments at nonprofit institutions of higher education in scientific and technical fields of study; and
(2)    pay the related administrative, legal, and actuarial expenses of the Department.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund shall be credited to the Fund.
(h)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part II - Maryland E-Nnovation Initiative Fund and Authority › Section 6-606 - Membership

The Authority consists of:
(1)    the Chief Executive Officer of the Maryland Technology Development Corporation, or the Chief Executive Officer’s designee;
(2)    the Executive Vice President of the Maryland Technology Development Corporation, or the Executive Vice President’s designee;
(3)    the Secretary of Commerce, or the Secretary’s designee;
(4)    the Managing Director of the Maryland Venture Fund, or the Managing Director’s designee;
(5)    the Chancellor of the University System of Maryland, or the Chancellor’s designee; and
(6)    two individuals from the private sector not affiliated with higher education appointed by the President of the Senate and the Speaker of the House to the Maryland Innovation Initiative under § 10–455 of this article.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part II - Maryland E-Nnovation Initiative Fund and Authority › Section 6-607 - Chair; Officers

(a)    The chair of the Authority shall  be chosen by the members of the Authority.
(b)    The Authority shall determine the manner of election of officers and their terms of office.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part II - Maryland E-Nnovation Initiative Fund and Authority › Section 6-608 - Quorum; Compensation

(a)    (1)    Four members of the Authority are a quorum.
(2)    An act of the Authority shall be approved by a majority vote of the members attending a meeting at which a quorum is present.
(b)    A member of the Authority:
(1)    may not receive compensation as a member of the Authority; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part III - Research Endowments › Section 6-612 - General Consideration

(a)    The governing body of each nonprofit institution of higher education may create and administer one or more research endowments to receive funding from the Fund.
(b)    A research endowment consists of funds distributed by the Authority from the Fund in accordance with § 6–618 of this subtitle and qualified donations.
(c)    (1)    The governing body of a nonprofit institution of higher education may invest funds deposited into the research endowment in a manner consistent with other institutional endowments managed by the institution.
(2)    Any interest or other investment earnings on the funds invested are retained by the nonprofit institution of higher education to be used for the purposes set forth in this subtitle.
(d)    Investment earnings accruing to the research endowment of a nonprofit institution of higher education may be expended by the governing body of the institution only for the eligible uses under § 6–614 of this subtitle.
(e)    The governing body of a nonprofit institution of higher education is exempt from liability for any loss or decrease in value of the assets or income of a research endowment, unless the losses or decreases in value result from bad faith, gross negligence, or intentional misconduct.
(f)    The governing body of a nonprofit institution of higher education shall issue rules for the administration of research endowments that fulfill the purposes and requirements of this subtitle.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part III - Research Endowments › Section 6-613 - Qualified Donations

(a)    Private donations to a research endowment shall be considered a qualified donation if:
(1)    the donation or pledge is expressly or specifically restricted by the donor for one or more of the eligible uses under § 6–614 of this subtitle;
(2)    (i)    except as provided in item (ii) of this item, the individual donation or pledge is a minimum of $500,000 or is bundled with other qualified donations to meet the $500,000 threshold; or
(ii)    for an individual donation or pledge made to a research endowment of a nonprofit institution of higher education that has an annual unrestricted current funds budget of less than $250,000,000, the individual donation or pledge is a minimum of $200,000 or is bundled with other qualified donations to meet the $200,000 threshold; and
(3)    the nonprofit institution of higher education accepts the donation from individuals, partnerships, associations, public or private for–profit and nonprofit corporations, or nongovernmental foundations.
(b)    Notwithstanding subsection (a) of this section, a nonprofit institution of higher education may designate unrestricted gifts or bequests, or a portion of an unrestricted gift or bequest, for use as a qualified donation.
(c)    A qualified donation excludes:
(1)    any donation received by a nonprofit institution of higher education prior to October 1, 2014;
(2)    educational or general fees, auxiliary fees, or other student fees generated by the institution;
(3)    proceeds from promissory notes, bonds, loans, or other instruments evidencing an indebtedness or any other obligation of repayment by the governing body of a nonprofit institution of higher education to the maker of the instrument; or
(4)    any other funds received from the State or federal government.
(d)    (1)    The president of each nonprofit institution of higher education or the president’s designee shall make the initial determination of whether a donation constitutes a qualified donation.
(2)    The president of the nonprofit institution of higher education shall provide a report to the governing body of the institution at least once each fiscal year regarding the amount of qualified donations the institution has received.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part III - Research Endowments › Section 6-614 - Expenditure of Endowment Funds

(a)    Endowment proceeds shall be expended by a nonprofit institution of higher education to further basic and applied research in scientific and technical fields of study as designated by the Authority that offer promising and significant economic impacts and the opportunity to develop clusters of technological innovation in the State, including:
(1)    physical sciences;
(2)    life and neuro sciences;
(3)    engineering;
(4)    mathematical and computational sciences;
(5)    regulatory science;
(6)    autonomous systems;
(7)    aeronautical and space science;
(8)    environmental sciences;
(9)    behavioral and language science;
(10)    health sciences;
(11)    agriculture; or
(12)    cybersecurity.
(b)    Endowment proceeds may be expended by a nonprofit institution of higher education for:
(1)    the payment of the base salaries of newly endowed department chairs, new professorship positions, new research scientists, or new research staff positions, including research technicians and support personnel, and to fund affiliated graduate or undergraduate student research fellowships, if the positions or fellowships are engaged in the areas of research identified in subsection (a) of this section; or
(2)    the purchase of basic infrastructure, including laboratory and scientific equipment or other essential equipment and materials, related to an area of research identified in subsection (a) of this section.
(c)    An individual in a position that is funded by endowment proceeds under subsection (b)(1) of this section shall:
(1)    work at least 20% of the year in support of a federal laboratory or associated federal laboratory research support organization;
(2)    hold a joint appointment or secondary position at another nonprofit institution of higher education in the State; or
(3)    work at least 20% of the year in support of entrepreneurial activities with a company engaged in one or more of the research areas identified in subsection (a) of this section.
(d)    The Authority shall issue eligibility criteria regarding the expenditure of endowment proceeds to pay the base salaries of personnel, fund student fellowships, and purchase basic infrastructure.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part III - Research Endowments › Section 6-615 - Research Endowment Plans

(a)    The governing body of each nonprofit institution of higher education shall submit a research endowment plan to the Authority prior to submitting its first request for a distribution of matching funds from the Fund.
(b)    The research plan shall include:
(1)    any information requested by the Authority to ensure compliance with the requirements of this subtitle; and
(2)    a demonstration of interest from qualified private donors to meet the criteria established by the Authority.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part IV - Distributions From the Maryland E-Nnovation Initiative Fund › Section 6-618 - General Consideration

(a)    Except as provided in § 6–619 of this subtitle, the Authority shall make available no more than 25% of cumulative program funds  from the Fund to a single nonprofit institution of higher education to match qualified donations.
(b)    A nonprofit institution of higher education seeking a distribution of matching funds from the Fund shall first obtain qualified donations in an amount equal to the amount of matching funds requested for distribution and shall submit a request to the Authority.
(c)    The request shall include:
(1)    the amount requested for distribution to the nonprofit institution of higher education in accordance with subsection (a) of this section;
(2)    the amount of qualified donations designated for use in requesting the distribution of matching funds from the Fund;
(3)    an explanation of how the proposed use satisfies the criteria for eligible uses of endowment proceeds under § 6–614 of this subtitle;
(4)    an explanation of how the proposed use of the endowment proceeds furthers the purposes of this subtitle and addresses the research needs of the institution as identified in the research plan; and
(5)    a designation of the applicable research endowment into which the requested matching funds are to be deposited.
(d)    The Authority shall review each request for distribution of matching funds from the Fund for compliance with the provisions of this subtitle and Department regulations.
(e)    If the Authority approves the request of a nonprofit institution of higher education, the Authority shall distribute matching funds to the applicable research endowment in an amount equal to the amount of qualified donations.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part IV - Distributions From the Maryland E-Nnovation Initiative Fund › Section 6-619 - Deposit of Qualified Donations and Allocated Funds

(a)    Within 90 days after approval by the Authority of a request for matching funds under § 6–618 of this subtitle, each nonprofit institution of higher education shall deposit an amount of qualified donations equal to or greater than the total amount of funds allocated for distribution to the nonprofit institution of higher education in accordance with § 6–618 of this subtitle.
(b)    If a nonprofit institution of higher education fails to have deposited into its research endowments the required amount of qualified donations as required under subsection (a) of this section, any portion of the funds allocated to the institution that has not been distributed shall be reallocated to another nonprofit institution of higher education in accordance with this subtitle.
(c)    (1)    This subsection applies to a nonprofit institution of higher education that anticipates that the institution will not receive the entire amount of a qualified donation on which the institution intends to rely for purposes of requesting matching funds from the Authority before the end of the fiscal year in which the research endowment plan is approved.
(2)    Except for the type of funds set forth in § 6–613(c)(2), (3), and (4) of this subtitle, a nonprofit institution of higher education may deposit available funds from other sources within the nonprofit institution of higher education into the research endowment for purposes of satisfying the 90–day deposit requirement in subsection (a) of this section if the nonprofit institution of higher education has disclosed the following information in the research endowment plan approved by the Authority:
(i)    the intent of the nonprofit institution of higher education to rely on the other funds;
(ii)    the source of the other funds; and
(iii)    other information the Authority may have requested regarding other funds at the time of its consideration of the approved research endowment plan.
(d)    If the Authority fails to allocate the funds in the Fund under this subtitle and a nonprofit institution of higher education has previously received 25% of cumulative program funds from the Fund, the Authority may distribute additional funds to the nonprofit institution in accordance with this subtitle.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 6 - Maryland E-Nnovation Initiative Program › Part V - Miscellaneous › Section 6-623 - Reports

(a)    (1)    On or before January 1, 2016, and January 1 of each subsequent year, the Department shall submit a report on the implementation of the Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Ways and Means Committee.
(2)    The Department shall publish the report on the Department’s website in a publicly available format.
(3)    The report published on the website may not include any proprietary or confidential information.
(b)    The report shall include, with respect to each nonprofit institution of higher education that has received an allocation of funds from the Fund:
(1)    the name and address of the institution;
(2)    the names of the individuals making decisions on behalf of the institution regarding expenditure of the funds allocated;
(3)    the amount of funds received during the previous fiscal year;
(4)    the cumulative amount of funds received; and
(5)    the amount of funds remaining unspent at the end of the previous fiscal year.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 6 - Economic Development Tax Incentives › Subtitle 8 - More Jobs for Marylanders Program › Section 6-802 - Program Established

(a)    There is a More Jobs for Marylanders Program in the Department.
(b)    The purpose of the Program is to:
(1)    incentivize the creation of new manufacturing jobs in the State; and
(2)    attract new businesses to and encourage the expansion of existing businesses within opportunity zones.