PARRIS N. GLENDENING, Governor                                  Ch. 84

(V) FILLED FOR A PERIOD OF LESS THAN 12 MONTHS.

(3) FOR A BUSINESS ENTITY ENGAGED IN A BUSINESS ACTIVITY DESCRIBED
IN § 5-1102(B)(2)(II)11 OF THIS SUBTITLE, "QUALIFIED POSITION" DOES NOT INCLUDE
ANY POSITION OTHER THAN A POSITION ENGAGED IN:

(I) THE OPERATION OF ENTERTAINMENT, RECREATION, CULTURAL
OR TOURISM-RELATED ACTIVITIES FOR THE MULTIUSE FACILITY IN WHICH THE
ENTERTAINMENT, RECREATION CULTURAL, OR TOURISM-RELATED ACTIVITIES ARE
OPERATED; OR

(II) MANAGEMENT, MARKETING, BUILDING MAINTENANCE, HOTEL
SERVICES, AND SECURITY FOR THE FACILITY.

(I) "REVITALIZATION AREA "MEANS:

(1) AN AREA DESIGNATED AS AN ENTERPRISE ZONE BY THE SECRETARY
UNDER § 5-402 OF THIS TITLE OR BY THE UNITED STATES GOVERNMENT;

(2) AN AREA DESIGNATED AS AN EMPOWERMENT ZONE BY THE UNITED
STATES GOVERNMENT PURSUANT TO 26 U.S.C. § 1391 ET SEQ.; OR

(3) AN AREA DESIGNATED AS AN ELIGIBLE NEIGHBORHOOD FOR
ECONOMIC REVITALIZATION ASSISTANCE UNDER ARTICLE 83B, § 2-1303 OF THE CODE.

(J) "SECRETARY" MEANS THE SECRETARY OF BUSINESS AND ECONOMIC
DEVELOPMENT OR THE SECRETARY'S DESIGNEE.

5-1102.

(A) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE JOB CREATION TAX
CREDITS AUTHORIZED UNDER THIS SUBTITLE ARE FOR THE PURPOSE OF INCREASING
THE NUMBER OF NEW JOBS IN THE STATE BY ENCOURAGING THE EXPANSION OF
EXISTING PRIVATE SECTOR ENTERPRISES AND THE ESTABLISHMENT OR ATTRACTION OF
NEW PRIVATE SECTOR ENTERPRISES.

(B) (1) (I) THE SECRETARY SHALL CERTIFY A PERSON AS A QUALIFIED
BUSINESS ENTITY ELIGIBLE FOR THE TAX CREDIT UNDER THIS SUBTITLE IF THE PERSON
SATISFIES THE CRITERIA SET FORTH IN THIS SECTION.

(II) A BUSINESS ENTITY MAY NOT BE CERTIFIED AS QUALIFYING FOR
THE TAX CREDIT UNDER THIS SUBTITLE UNLESS THE BUSINESS ENTITY NOTIFIES THE
DEPARTMENT OF ITS INTENT TO SEEK CERTIFICATION BEFORE ESTABLISHING OR
EXPANDING THE BUSINESS FACILITY ON WHICH THE CREDIT IS BASED.

(2) TO QUALIFY FOR THE TAX CREDIT PROVIDED UNDER THIS SUBTITLE, A
BUSINESS ENTITY MUST ESTABLISH OR EXPAND A BUSINESS FACILITY IN THE STATE
THAT:

(I) RESULTS IN THE CREATION OF:

1. AT LEAST 60 QUALIFIED POSITIONS; OR

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