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Session Laws, 2004
Volume 801, Page 2418   View pdf image
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Ch. 513                                    2004 LAWS OF MARYLAND

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

Article - Tax - General

11-106.

(a)     In this section, "Agreement" means the Streamlined Sales and Use Tax
Agreement as adopted by the member states of the Streamlined Sales and Use Tax
Project on November 12, 2002.

(b)     (1) [The] SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, THE
State of Maryland hereby [acknowledges] ADOPTS the Streamlined Sales and Use
Tax Agreement as adopted by the member states of the Streamlined Sales and Use
Tax Project on November 12, 2002.

(2) THE ADOPTION OF THE AGREEMENT BY THE STATE OF MARYLAND
AS PROVIDED IN THIS SECTION IS CONTINGENT ON THE ENACTMENT OF
LEGISLATION BY THE U.S. CONGRESS CONSENTING TO THE AGREEMENT AND
AUTHORIZING STATES THAT ARE PARTIES TO THE AGREEMENT TO REQUIRE REMOTE
SELLERS TO COLLECT AND REMIT THE SALES AND USE TAXES OF THOSE STATES.

[(2)] (3) [On or before November 15, 2003] WITHIN 90 DAYS AFTER THE
ENACTMENT OF LEGISLATION BY THE U.S. CONGRESS CONSENTING TO THE
AGREEMENT AND AUTHORIZING STATES THAT ARE PARTIES TO THE AGREEMENT TO
REQUIRE REMOTE SELLERS TO COLLECT AND REMIT THE SALES AND USE TAXES OF
THOSE STATES, the Comptroller shall prepare and submit to the Governor and,
subject to § 2-1246 of the State Government Article, the Senate Budget and Taxation
Committee and the House Committee on Ways and Means [a report] PROPOSED
REGULATIONS AND DRAFT LEGISLATION that:

(i) [identifies] IDENTIFY AND IMPLEMENT:

1.       any changes to State statutes, regulations, or policies that
need to be made in order to bring the State into compliance with the Agreement; and

2.       any other changes to State laws that would not be
required but that the Comptroller recommends should reasonably be made in
connection with implementing the Agreement; and

(ii) for each change identified under item (i) of this paragraph:

1.       estimates the impact of that change on State sales and use
tax revenue; and

2.       identifies and explains any fiscal or policy issues that
would be associated with the change.

(C) NOTWITHSTANDING THE ADOPTION OF THE AGREEMENT UNDER THIS
SECTION, UNLESS AND UNTIL FURTHER LEGISLATION IS ENACTED BY THE GENERAL
ASSEMBLY TO IMPLEMENT NECESSARY CHANGES TO BRING THE STATE IN
COMPLIANCE WITH THE AGREEMENT:

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Session Laws, 2004
Volume 801, Page 2418   View pdf image
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