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Session Laws, 1988
Volume 770, Page 5462   View pdf image
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VETOES

WHEREAS, Article XI-F, § 9 of the Maryland Constitution
requires that authorization for a code county to impose a tax,
other than property tax, be enacted by a general law of the
General Assembly that in its terms and effect applies alike to
all code counties; and

WHEREAS, Kent County, one of the four existing code counties
in the State, has authority in the county's Code of Public Local
Laws for a transfer tax that was enacted before Kent County
became a code county; and

WHEREAS, At least one other code county has requested
authority to impose a transfer tax; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Tax - Property

13-402.1.

(A)  THE GOVERNING BODY OF A COUNTY THAT HAS ADOPTED HOME
RULE POWERS UNDER ARTICLE XI-F OF THE CONSTITUTION MAY IMPOSE A
TRANSFER TAX ON AN INSTRUMENT OF WRITING:

(1)  RECORDED WITH THE CLERK OF THE CIRCUIT COURT FOR
THE COUNTY; OR

(2)  FILED WITH THE DEPARTMENT.

(B)  A TRANSFER TAX IMPOSED UNDER THIS SECTION:

(1)  MAY NOT EXCEED 1/2%; AND

(2)  DOES NOT APPLY TO AN INSTRUMENT OF WRITING EXEMPT
FROM THE STATE TRANSFER TAX UNDER § 13-207 OF THIS TITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent
of the General Assembly not to affect the authority of the
governing body of Kent County to impose a transfer tax under the
provisions of that county's Code of Public Local Laws, except to
the extent that the county's governing body may impose the tax at
the same rate and subject to the same exemptions that apply to
other code counties under this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

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Session Laws, 1988
Volume 770, Page 5462   View pdf image
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