PARRIS N. GLENDENING, Governor

S.B. 558

(IV) IS NEWLY CREATED, AS A 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

(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.

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