(2) EACH APPLICATION FOR APPROVAL OF A CONTRIBUTION SHALL

CONTAIN;

(I) THE NAME OF THE SCHOOL WITH A FREE IN CLASSROOM
BREAKFAST PROGRAM FOR ALL STUDENTS PARTICIPATING IN THE PROGRAM AT
WHICH THE CONTRIBUTION IS TO BE MADE;

(II) THE AMOUNT OF THE CONTRIBUTION; AND

(III) A CERTIFICATION BY A COUNTY BOARD OR THE A SPONSORING
AGENCY AND THE DEPARTMENT AS TO THE VALUE OF ANY NONMONETARY
CONTRIBUTION INCLUDED.

(3) THE DEPARTMENT MAY NOT APPROVE AN APPLICATION FOR
APPROVAL OF A CONTRIBUTION BY A BUSINESS ENTITY IF THE DEPARTMENT
DETERMINES THAT:

(I) THE MAXIMUM AMOUNT OF CONTRIBUTIONS MADE BY THE
BUSINESS ENTITY THAT ARE ELIGIBLE FOR THE STATE INCOME TAX CREDIT FOR
THE FISCAL YEAR WILL BE EXCEEDED BY THE SUM OF:

1. THE AMOUNT OF THE PROPOSED CONTRIBUTION; AND

2. THE TOTAL AMOUNT OF CONTRIBUTIONS TO THE
PROGRAM THAT WERE PREVIOUSLY APPROVED FOR THE BUSINESS ENTITY FOR THE
FISCAL YEAR; OR

(II) THE BUSINESS ENTITY HAS OVERSTATED THE VALUE OF ANY
NONMONETARY CONTRIBUTION INCLUDED.

(4) BY JANUARY 31 OF EACH YEAR THE DEPARTMENT SHALL REPORT TO
THE COMPTROLLER AND THE MARYLAND INSURANCE ADMINISTRATION THE
CONTRIBUTIONS THAT THE DEPARTMENT HAS APPROVED UNDER THIS SECTION IN
THE PRECEDING CALENDAR YEAR.

(I) (J) THE MARYLAND STATE DEPARTMENT OF EDUCATION AND THE
OFFICE OF THE COMPTROLLER JOINTLY SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.

(J) (K) (G) THE EMPLOYEE ORGANIZATION THAT IS THE EXCLUSIVE
REPRESENTATIVE OF THE CERTIFICATED PUBLIC SCHOOL EMPLOYEES OF A
COUNTY BOARD AND THE EMPLOYEE ORGANIZATION THAT IS THE EXCLUSIVE
REPRESENTATIVE OF THE NONCERTIFICATED EMPLOYEES OF A COUNTY BOARD
AND THE COUNTY BOARD SHALL NEGOTIATE THE TERMS OF THE PARTICIPATION OF
THE EMPLOYEES IN THE PROGRAM.