2013 Maryland Code
LAND USE
§ 18-307 - Administrative tax.

§18-307.

(a) The tax required under this section applies to property in the regional district in Montgomery County and Prince George’s County.

(b) The purpose of the tax required under this section is for paying the current operating or administrative expenses of the Commission, including the cost of:

(1) the development of any part of the plan of the regional district; and

(2) the exercise of the powers and duties of the Commission.

(c) Each year, each county shall impose on each $100 of assessed valuation of:

(1) real property, a tax of 1.2 cents; and

(2) personal property and operating real property described in § 8-109(c) of the Tax - Property Article, a tax of 3 cents.

(d) (1) There is an administrative fund of the Commission.

(2) The administrative fund consists of:

(i) the revenues from the tax imposed under this section that are paid to the Commission; and

(ii) additional money appropriated or contributed to the Commission for operating or administrative purposes by the two counties, the General Assembly of Maryland, the United States, or private donors.

(3) Operating and administrative expenses of the Commission shall be limited to the money in the administrative fund.

(e) A tax required under this section shall:

(1) be imposed and collected as county taxes are imposed and collected;

(2) have the same priority rights as county taxes;

(3) bear the same interest and penalties as county taxes; and

(4) be treated the same as county taxes in every other respect.

(f) (1) At least 30 days before the end of the fiscal year, the Commission shall certify and submit to the appropriate fiscal officers of the counties the unexpended balances from money received by the Commission from the tax imposed under this section.

(2) (i) If the unexpended balance with respect to either county exceeds the sum of $100,000, that county may:

1. deduct the excess from its estimate of the amount of money to be raised in the next succeeding fiscal year by the imposition of the tax imposed under this section; and

2. impose the tax for the next succeeding fiscal year at a rate that the county estimates will produce the amount calculated under item 1 of this subparagraph.

(ii) The amount calculated under subparagraph (i)1 of this paragraph shall be the amount the county is obligated to pay the Commission for administration in that fiscal year under this section.

(3) On or before the 30th day of the month immediately before the beginning of the fiscal year, the Montgomery County Council and the Prince George’s County Council shall set the rate of the tax as authorized under this section.

(4) On or before the 5th day of the month immediately before the beginning of the fiscal year, the Commission shall submit to each county council:

(i) its complete budget estimates for the next fiscal year; and

(ii) statements that justify the administrative budget and administrative tax rate requested by the Commission.

(5) The Commission may use any Commission money in excess of the amount necessary for operating and administrative purposes or not specifically pledged by law in the respective counties of the regional district, in the same proportion as they were collected from these counties, to acquire, develop, maintain, and operate parks in the counties.

(6) The Commission may use any funds not collected in the counties for the best interests of the regional district.