Ch. 2

LAWS OF MARYLAND

(3) EXAMINE WITNESSES.

(B) DUTIES.

THE DEPARTMENT SHALL:

(1) ADMINISTER THE LAWS THAT RELATE TO THE PUBLIC
SERVICE COMPANY FRANCHISE TAX;

(2) ADOPT REGULATIONS TO ADMINISTER THE PROVISIONS OF

THOSE LAWS;

(3)  DESIGN THE RETURNS AND OTHER FORMS THAT, ON
COMPLETION, PROVIDE THE INFORMATION REQUIRED FOR THE
ADMINISTRATION OF THOSE LAWS;

(4)  COLLECT REVENUE FROM ESTIMATED TAX PAYMENTS, PAY
THE REVENUE INTO THE GENERAL FUND OF THE STATE, AND ACCOUNT FOR
THE REVENUE WITH THE COMPTROLLER; AND

(5)  REMIT TO THE COMPTROLLER ANY OTHER REVENUE
DERIVED FROM THE PUBLIC SERVICE COMPANY FRANCHISE TAX.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, § 134.

The introductory language of subsection (a) of this
section, "[t]o determine the public service company
franchise tax", is added for clarity.

In subsection (a)(1) of this section, the reference to
"records" is substituted for the former reference to
"the receipts and revenues accruing therefrom", for
clarity.

In subsection (a)(2) and (3.) of this section, the
power to "administer oaths" and "examine witnesses"
is substituted for the former references to
examinations under oath of "any officer or agent of
any such taxpayer touching the business in this State
of such taxpayer" and "any other person who it may be
advised or may believe has knowledge and information
in the premises", for brevity.

In subsection (b)(3) of this section, the language   "on

completion, provide the information required for    the

administration of those laws" is added to clarify  the
scope of this duty.

The Tax - General Article Review Committee notes, for
consideration by the General Assembly, that the
bifurcation of duties with respect to this franchise
tax between the Comptroller and Department creates
some difficulties. Estimated taxes for a current year
are paid to the Department, which then must account to

- 228 -