HARRY HUGHES, Governor
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circuit court of the county in which the property is
located, or if located in Baltimore City, with the clerk of
the Superior Court of Baltimore City. The clerk shall record
and index all notices of lien filed with him by the
Comptroller and shall enter the lien in the judgment docket
of the court. The lien shall state the name of the
delinquent taxpayer, the amount of the lien, and the date.
The lien has the full force and effect of a judgment lien.
Any such lien on personal property is not effective against
a bona fide purchaser for value, unless the personal
property had been levied upon by an officer of a court.
(B) (1) TO PROTECT THE REVENUE TO BE COLLECTED UNDER
THIS SUBTITLE, THE COMPTROLLER, OR HIS AGENT, MAY REQUIRE
ANY PERSON, EXCEPT A PERSON WHOSE BUSINESS IS A PERMANENT
OPERATION IN THIS STATE, TO FILE A BOND TO SECURE PAYMENT OF
ANY TAX OR PENALTY THAT IS DUE OR MAY BECOME DUE FROM ANY
PERSON.
(2) THE COMPTROLLER, OR HIS AGENT, SHALL
DETERMINE THE AMOUNT OF THE BOND AND SHALL GIVE TO THE
PERSON WRITTEN NOTICE THAT BOND IS REQUIRED. THE NOTICE
SHALL SPECIFY THE AMOUNT OF BOND.
(3) WITHIN 5 DAYS AFTER THE NOTICE IS GIVEN, THE
PERSON SHALL:
(I) FILE WITH THE COMPTROLLER A BOND
ISSUED BY A SURETY COMPANY THAT IS AUTHORIZED TO DO BUSINESS
IN THIS STATE AND THAT THE STATE INSURANCE COMMISSIONER
APPROVES AS TO SOLVENCY AND RESPONSIBILITY;
(II) DEPOSIT WITH THE COMPTROLLER, INSTEAD
OF BOND, AN EQUIVALENT AMOUNT OF SECURITY THAT THE
COMPTROLLER APPROVES OR OF CASH; OR
(III) FILE WITH THE COMPTROLLER, IN LIEU
OF A BOND OR OTHER SECURITY, AN IRREVOCABLE LETTER OF CREDIT
IN AN AMOUNT THE COMPTROLLER APPROVES PROVIDING A DATE
CERTAIN FOR COVERAGE DURING THE COLLECTION PERIOD; OR
(III) (IV) REQUEST, IN WRITING, A HEARING
BEFORE THE COMPTROLLER.
(4) AT A HEARING BEFORE THE COMPTROLLER, OR HIS
AGENT, A DETERMINATION SHALL BE MADE ON THE NECESSITY,
PROPRIETY, AND AMOUNT OF THE BOND. THE DETERMINATION OF THE
COMPTROLLER IS FINAL, AND, WITHIN 15 DAYS AFTER WRITTEN
NOTICE OF THE DETERMINATION IS GIVEN, THE PERSON SHALL
COMPLY WITH THE DETERMINATION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.
Approved April 28, 1981.
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