Ch. 84

1996 LAWS OF MARYLAND

1.        AT LEAST 60 QUALIFIED POSITIONS; OR

2.        AT LEAST 30 QUALIFIED POSITIONS IF THE AGGREGATE
PAYROLL FOR THE QUALIFIED POSITIONS IS GREATER THAN A THRESHOLD AMOUNT
EQUAL TO THE PRODUCT OF MULTIPLYING 60 TIMES THE STATES AVERAGE ANNUAL
SALARY AS DETERMINED BY THE DEPARTMENT; AND

(III) IS CERTIFIED BY THE SECRETARY UNDER § 5-1102(B) OF THIS
SUBTITLE AS QUALIFYING FOR THE TAX CREDIT UNDER THIS SUBTITLE.

(2) FOR A PERSON ENGAGED IN A BUSINESS ACTIVITY DESCRIBED IN §
5-1102(B)(2)(II)11 OF THIS SUBTITLE "QUALIFIED BUSINESS ENTITY":

(I) INCLUDES THE PERSONS OWNING OR OPERATING THE MULTIUSE
FACILITY IN WHICH THE ENTERTAINMENT, RECREATION, CULTURAL, OR
TOURISM-RELATED ACTIVITIES ARE OPERATED; AND

(II) DOES NOT INCLUDE ANY SEPARATE ENTITY THAT LEASES RETAIL
SPACE AT THE FACILITY.

(G) "QUALIFIED EMPLOYEE" MEANS AN EMPLOYEE FILLING A QUALIFIED
POSITION.

(H) (1) "QUALIFIED POSITION" MEANS A POSITION THAT:

(I) IS A FULL-TIME POSITION AND IS OF INDEFINITE DURATION;

(II)    PAYS AT LEAST 150% OF THE FEDERAL MINIMUM WAGE;

(III)   IS LOCATED IN MARYLAND;

(IV)    IS NEWLY CREATED ASA RESULT OF THE ESTABLISHMENT OR
EXPANSION OF A BUSINESS FACILITY IN A SINGLE LOCATION IN THE STATE; AND

(V) IS FILLED.

(2) "QUALIFIED POSITION" DOES NOT INCLUDE A POSITION THAT IS:

(I) CREATED WHEN AN EMPLOYMENT FUNCTION IS SHIFTED FROM
AN EXISTING BUSINESS FACILITY OF THE BUSINESS ENTITY LOCATED IN MARYLAND TO
ANOTHER BUSINESS FACILITY OF THE SAME BUSINESS ENTITY IF THE POSITION DOES
NOT REPRESENT A NET NEW JOB IN THE STATE;

(II)     CREATED THROUGH A CHANGE IN OWNERSHIP OF A TRADE OR
BUSINESS;

(III)    CREATED THROUGH A CONSOLIDATION, MERGER OR
RESTRUCTURING OF A BUSINESS ENTITY IF THE POSITION DOES NOT REPRESENT A NET
NEW JOB IN THE STATE;

(IV)    CREATED WHEN AN EMPLOYMENT FUNCTION IS CONTRACTUALLY
SHIFTED FROM AN EXISTING BUSINESS ENTITY LOCATED IN THE STATE TO ANOTHER
BUSINESS ENTITY IF THE POSITION DOES NOT REPRESENT A NET NEW JOB IN THE STATE;
OR

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