Maryland Code § TP-13-208

Section TP-13-208
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(a) Transfer tax on an instrument of writing that is taxable under this
subtitle shall be paid to the clerk of the circuit court where the instrument of writing
is recorded or to the Department.
(b) An instrument of writing taxable under this subtitle may not be
recorded in any county unless a statement is attached to or stamped on the
instrument of writing that indicates:

(1) that transfer tax has been paid; and
(2) the amount of transfer tax paid.
(c) The presence of the statement required by subsection (b) of this section
on an instrument of writing is prima facie evidence of payment of transfer tax.
§13-209. IN EFFECT
(a) (1) Before any other distribution under this section, in any fiscal year
that bonds secured by a pledge of the State transfer tax are outstanding, the revenue
from the transfer tax shall be used to pay, as and when due, the principal of and
interest on the bonds.
(2) The Department shall deduct the cost of administering the
transfer tax from the taxes collected under this title and credit those revenues to the
fund established under § 1-203.3 of the Corporations and Associations Article.
(3) Except as provided in paragraph (4) of this subsection, after
deducting the revenues required under paragraphs (1) and (2) of this subsection, the
revenue from transfer tax is payable to the Comptroller for deposit in a special fund.
(4) In any fiscal year in which transfer tax revenue is used to pay
debt service on outstanding bonds under paragraph (1) of this subsection, the
distribution of revenues in the special fund under this section and as specified in § 5-
903(a)(2)(i)1A of the Natural Resources Article, for State land acquisition, or to the
Agricultural Land Preservation Fund to the extent any debt service is attributable to
that Fund, shall be reduced by an amount equal to the debt service for the fiscal year.
(b) For the fiscal year beginning July 1, 2002 and for subsequent fiscal
years, up to 3% of the revenues in the special fund may be appropriated in the State
budget for salaries and related expenses in the Departments of General Services and
Natural Resources and in the Department of Planning necessary to administer Title
5, Subtitle 9 of the Natural Resources Article (Program Open Space).
(c) (1) Subject to subsection (e) of this section, of the balance of the
revenue in the special fund, not required under subsection (b) of this section:
(i) for the fiscal year beginning July 1, 2002, $47,268,585 shall
be allocated to the General Fund of the State and the remainder shall be allocated as
provided in subsection (d) of this section;

(ii) for the fiscal year beginning July 1, 2003, $102,833,869
shall be allocated to the General Fund of the State and the remainder shall be
allocated as provided in the State budget;
(iii) for the fiscal year beginning July 1, 2004, $147,374,444
shall be allocated to the General Fund of the State, and the remainder shall be
allocated as provided in the State budget; and
(iv) for the fiscal year beginning July 1, 2005, $68,223,132 shall
be allocated to the General Fund of the State and the remainder shall be allocated as
provided in subsection (d) of this section.
(2) Subject to subsection (e) of this section, for the fiscal years
beginning July 1, 2006 and each subsequent fiscal year, the balance of the revenue in
the special fund, not required under subsection (b) of this section shall be allocated
as provided in subsection (d) of this section.
(3) (i) Subject to subsection (e) of this section, for fiscal years 2026
through 2029, of the balance of the revenue in the special fund not required under
subsection (b) of this section, $25,000,000 shall be allocated to the General Fund of
the State and the remainder shall be allocated as provided in subsection (d) of this
section.
(ii) For each of fiscal years 2026 through 2029, the allocation
required under subparagraph (i) of this paragraph shall reduce the amount allocated
for Program Open Space land acquisition purposes identified in subsection (d)(1)(ii)
of this section and § 5-903(a)(2)(i)1A of the Natural Resources Article, the
Agricultural Land Preservation Fund identified in subsection (d)(2) of this section,
and the Rural Legacy Program identified in subsection (d)(3) of this section and § 5-
903(a)(2)(iii) of the Natural Resources Article by an amount that is proportional to
the amount of revenue each program is estimated to receive for the fiscal year.
(d) Subject to subsections (d-1) and (e) of this section, for the fiscal year
beginning July 1, 2002 and for each subsequent fiscal year, the balance of the revenue
in the special fund, not required under subsection (b) of this section and not allocated
to the General Fund under subsection (c)(1) and (3) of this section shall be allocated
in the State budget as follows:
(1) (i) 75.15% for the purposes specified in Title 5, Subtitle 9 of
the Natural Resources Article (Program Open Space); and
(ii) an additional 1% for Program Open Space, for land
acquisition purposes as specified in § 5-903(a)(2) of the Natural Resources Article;

(2) 17.05% for the Agricultural Land Preservation Fund established
under § 2-505 of the Agriculture Article;
(3) 5% for the Rural Legacy Program established under § 5-9A-01 of
the Natural Resources Article; and
(4) 1.8% for the Heritage Conservation Fund established under § 5-
1501 of the Natural Resources Article.
(d-1) (1) In this subsection, "eligible purpose" means a purpose, program,
or fund to which revenue in the special fund is required to be allocated under
subsection (d) of this section.
(2) For any fiscal year beginning on or after July 1, 2010, but before
July 1, 2013, for which funding is provided for an eligible purpose through the State
Consolidated Capital Bond Funding Program or other bond enabling act:
(i) from the balance of the special fund, before the allocations
under subsection (d) of this section are made, an amount shall be allocated to the
General Fund of the State equal to the total amount of funding provided for eligible
purposes through the bond enabling act; and
(ii) except as otherwise expressly provided under the bond
enabling act through which the funding is provided, the allocations provided under
subsection (d) of this section shall be adjusted to reduce the amount that would
otherwise be allocated for each eligible purpose by the amount of funding provided
for that purpose under the bond enabling act.
(3) Notwithstanding any other provision of law, a transfer under this
subsection may not be taken into account for purposes of determining any allocation
or appropriation required under subsection (f) or (g) of this section.
(e) The sums allocated in subsection (d) of this section may not revert to the
General Fund of the State.
(f) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, for any fiscal year in which the actual transfer tax revenue collections are
greater than the revenue estimates used as the basis for the appropriations required
under this section for the fiscal year, the amount of the excess shall be allocated to
the special fund under subsection (a) of this section as provided under subsections (c)
and (d) of this section for the second fiscal year following the fiscal year in which there
is an excess.

(ii) 1. Notwithstanding subparagraph (i) of this paragraph
or any other provision of law, $21,776,868 of the transfer tax collected but not
appropriated or transferred in fiscal 2004 shall be transferred to the General Fund of
the State.
2. Notwithstanding subparagraph (i) of this paragraph
or any other provision of law, if in fiscal year 2023 the actual transfer tax revenue
collections are greater than the revenue estimates used as the basis for the
appropriations required under this section for fiscal year 2023, the amount of the
excess may be allocated to the Local Land Trust Revolving Loan Fund in fiscal year
2025.
(iii) Notwithstanding subparagraph (i) of this paragraph or any
other provision of law, in any fiscal year in which an appropriation or transfer is made
from the special fund to the General Fund, if the actual transfer tax revenue
collections for the prior fiscal year exceed the budget estimate for the prior fiscal year,
the excess shall be allocated in the current fiscal year for Program Open Space, the
Agricultural Land Preservation Fund, the Rural Legacy Program, and the Heritage
Conservation Fund. Funds made available under this subparagraph shall be
allocated as provided under subsection (d) of this section.
(2) For any fiscal year in which the actual transfer tax revenue
collections are less than the revenue estimates used as the basis for the
appropriations required under this section, the amount of the deficiency shall be
reconciled as follows:
(i) for the first $3,000,000 of any deficiency, the allocation to
the special fund under subsection (a) of this section as provided under subsections (c)
and (d) of this section for the second fiscal year following the deficiency shall be
reduced by either the amount of the deficiency or $3,000,000, whichever is less;
(ii) for any deficiency in excess of $3,000,000, the amount in
excess of $3,000,000 shall be reconciled either by the reduction of the allocation to the
special fund under subsection (a) of this section as provided under subsections (c) and
(d) of this section for the second fiscal year following the deficiency or by the
deauthorization of projects authorized in prior fiscal years;
(iii) for the allocation of the special fund under subsection (a) of
this section, in the fiscal year beginning July 1, 2016, transfer tax revenue under-
attainment from the fiscal year beginning July 1, 2014, will not be applied; and
(iv) transfer tax revenue in fiscal year 2015, that is in excess of
$161,016,000 may be transferred by budget amendment in fiscal year 2016 for:

1. administrative expenses related to land acquisition
for Program Open Space;
2. critical maintenance projects in the Department of
Natural Resources;
3. Natural Resources Development Fund projects in
the Department of Natural Resources; and
4. replacement of General Fund appropriations in the
Maryland Park Service.
(3) (i) Any amounts to be deauthorized from prior fiscal years
under paragraph (2)(ii) of this subsection shall be proposed by the Governor in the
budget of the second fiscal year following the fiscal year in which there is a deficiency.
(ii) An amount may be deauthorized under this paragraph only
as provided in the State budget bill, as enacted.
(g) (1) (i) The Governor shall include in the annual budget bill for
fiscal year 2023 a General Fund appropriation to the special fund in the amount of
$12,500,000.
(ii) The appropriation required under subparagraph (i) of this
paragraph:
1. is not subject to the provisions of subsections (a), (b),
(c), and (f) of this section;
2. shall be allocated as provided in subsection (d) of
this section and § 5-903 of the Natural Resources Article; and
3. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:
A. exceeds the required appropriation under this
paragraph; and
B. is identified as an appropriation for reimbursement
under this paragraph.
(2) (i) The Governor shall include in the annual budget bill for
fiscal year 2023 a General Fund appropriation to the special fund in the amount of
$6,000,000 for park development and the critical maintenance of State projects

located on lands managed by the Department of Natural Resources for public
purposes.
(ii) The appropriation required under subparagraph (i) of this
paragraph:
1. is not subject to the provisions of subsections (a), (b),
(c), and (f) of this section; and
2. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:
A. exceeds the required appropriation under this
paragraph;
B. is identified as an appropriation for reimbursement
under this paragraph; and
C. supplements rather than supplants the Department
of Natural Resources funding for the critical maintenance of State projects on State
lands, based on the average critical maintenance budget of the 10 years preceding the
appropriation.
(3) (i) 1. For fiscal year 2023, the Governor shall include in
the annual budget bill a General Fund appropriation in the amount of $2,500,000 to
the Maryland Agricultural and Resource-Based Industry Development Corporation
for the Next Generation Farmland Acquisition Program authorized under § 10-
523(a)(3)(ii) of the Economic Development Article.
2. For fiscal year 2025 only, the Governor shall include
in the annual budget bill a General Fund appropriation in the amount of $2,735,000
to the Maryland Agricultural and Resource-Based Industry Development
Corporation established under Title 10, Subtitle 5 of the Economic Development
Article to be used as follows:
A. $2,300,000 to support the Corporation's rural
business loan programs and small matching grant programs; and
B. $435,000 for grants and near-equity investments to:
I. support the creation or expansion of agricultural
product aggregation and storage sites; and

II. facilitate participation in the Certified Local Farm
and Fish Program.
3. For each of fiscal years 2024, 2025, 2026, and 2027,
the Governor shall include in the annual budget bill a General Fund appropriation of
$500,000 to the Urban Agriculture Water and Power Infrastructure Grant Fund
established under § 2-2103 of the Agriculture Article.
(ii) The appropriations required under subparagraph (i) of this
paragraph:
1. are not subject to the provisions of subsections (a),
(b), (c), and (f) of this section;
2. shall be allocated as provided in subsection (d) of
this section and § 5-903 of the Natural Resources Article; and
3. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:
A. exceeds the required appropriation under this
paragraph; and
B. is identified as an appropriation for reimbursement
under this paragraph.
(h) (1) Except as provided in paragraph (3) of this subsection, if an
appropriation or a transfer from the special fund to the General Fund occurs after
the fiscal year ending June 30, 2018, the Governor shall include in the annual budget
bills for each of the 3 successive fiscal years following the fiscal year in which a
transfer is made a General Fund appropriation to the special fund equal to one-third
of the cumulative amount of the appropriation or transfer from the special fund to
the General Fund for the applicable fiscal year.
(2) The appropriation required under paragraph (1) of this
subsection:
(i) represents reimbursement for the cumulative amount of
any appropriation or transfer from the special fund to the General Fund for the
applicable fiscal year;
(ii) is not subject to the provisions of subsections (a), (b), (c),
and (f) of this section;

(iii) shall be allocated as provided in subsection (d) of this
section and § 5-903 of the Natural Resources Article;
(iv) shall be made until the cumulative total appropriated
under paragraph (1) of this subsection is equal to the cumulative amount of any
appropriation or transfer from the special fund to the General Fund for the applicable
fiscal year; and
(v) shall be reduced by the amount of any appropriation from
the General Fund to the special fund that:
1. exceeds the required appropriation under this
subsection; and
2. is identified as an appropriation for reimbursement
under this subsection.
(3) The appropriation required under paragraph (1) of this
subsection does not apply to transfers from the special fund to the General Fund that
occur in fiscal years 2026 through 2029.
(i) (1) The distributions required under this subsection may not be
utilized or considered for the purposes of calculating any allocation or appropriation
under subsection (f) or (g) of this section.
(2) Notwithstanding any other provision of law, the Governor may
transfer funds from the special fund established under this section to the General
Fund as follows:
(i) on or before June 30, 2014, $89,198,555;
(ii) for the fiscal year beginning July 1, 2014, $144,188,544;
(iii) for the fiscal year beginning July 1, 2015, $115,366,700;
(iv) for the fiscal year beginning July 1, 2016, $62,771,000; and
(v) for the fiscal year beginning July 1, 2017, $46,028,000.
§13-209. // EFFECTIVE SEPTEMBER 30, 2026 PER CHAPTER 546 OF 2023 //
(a) (1) Before any other distribution under this section, in any fiscal year
that bonds secured by a pledge of the State transfer tax are outstanding, the revenue

from the transfer tax shall be used to pay, as and when due, the principal of and
interest on the bonds.
(2) The Department shall deduct the cost of administering the
transfer tax from the taxes collected under this title and credit those revenues to the
fund established under § 1-203.3 of the Corporations and Associations Article.
(3) Except as provided in paragraph (4) of this subsection, after
deducting the revenues required under paragraphs (1) and (2) of this subsection, the
revenue from transfer tax is payable to the Comptroller for deposit in a special fund.
(4) In any fiscal year in which transfer tax revenue is used to pay
debt service on outstanding bonds under paragraph (1) of this subsection, the
distribution of revenues in the special fund under this section and as specified in § 5-
903(a)(2)(i)1A of the Natural Resources Article, for State land acquisition, or to the
Agricultural Land Preservation Fund to the extent any debt service is attributable to
that Fund, shall be reduced by an amount equal to the debt service for the fiscal year.
(b) For the fiscal year beginning July 1, 2002 and for subsequent fiscal
years, up to 3% of the revenues in the special fund may be appropriated in the State
budget for salaries and related expenses in the Departments of General Services and
Natural Resources and in the Department of Planning necessary to administer Title
5, Subtitle 9 of the Natural Resources Article (Program Open Space).
(c) (1) Subject to subsection (e) of this section, of the balance of the
revenue in the special fund, not required under subsection (b) of this section:
(i) for the fiscal year beginning July 1, 2002, $47,268,585 shall
be allocated to the General Fund of the State and the remainder shall be allocated as
provided in subsection (d) of this section;
(ii) for the fiscal year beginning July 1, 2003, $102,833,869
shall be allocated to the General Fund of the State and the remainder shall be
allocated as provided in the State budget;
(iii) for the fiscal year beginning July 1, 2004, $147,374,444
shall be allocated to the General Fund of the State, and the remainder shall be
allocated as provided in the State budget; and
(iv) for the fiscal year beginning July 1, 2005, $68,223,132 shall
be allocated to the General Fund of the State and the remainder shall be allocated as
provided in subsection (d) of this section.

(2) Subject to subsection (e) of this section, for the fiscal years
beginning July 1, 2006 and each subsequent fiscal year, the balance of the revenue in
the special fund, not required under subsection (b) of this section shall be allocated
as provided in subsection (d) of this section.
(3) (i) Subject to subsection (e) of this section, for fiscal years 2026
through 2029, of the balance of the revenue in the special fund not required under
subsection (b) of this section, $25,000,000 shall be allocated to the General Fund of
the State and the remainder shall be allocated as provided in subsection (d) of this
section.
(ii) For each of fiscal years 2026 through 2029, the allocation
required under subparagraph (i) of this paragraph shall reduce the amount allocated
for Program Open Space land acquisition purposes identified in subsection (d)(1)(ii)
of this section and § 5-903(a)(2)(i)1A of the Natural Resources Article, the
Agricultural Land Preservation Fund identified in subsection (d)(2) of this section,
and the Rural Legacy Program identified in subsection (d)(3) of this section and § 5-
903(a)(2)(iii) of the Natural Resources Article by an amount that is proportional to
the amount of revenue each program is estimated to receive for the fiscal year.
(d) Subject to subsections (d-1) and (e) of this section, for the fiscal year
beginning July 1, 2002 and for each subsequent fiscal year, the balance of the revenue
in the special fund, not required under subsection (b) of this section and not allocated
to the General Fund under subsection (c)(1) and (3) of this section shall be allocated
in the State budget as follows:
(1) (i) 75.15% for the purposes specified in Title 5, Subtitle 9 of
the Natural Resources Article (Program Open Space); and
(ii) an additional 1% for Program Open Space, for land
acquisition purposes as specified in § 5-903(a)(2) of the Natural Resources Article;
(2) 17.05% for the Agricultural Land Preservation Fund established
under § 2-505 of the Agriculture Article;
(3) 5% for the Rural Legacy Program established under § 5-9A-01 of
the Natural Resources Article; and
(4) 1.8% for the Heritage Conservation Fund established under § 5-
1501 of the Natural Resources Article.
(d-1) (1) In this subsection, "eligible purpose" means a purpose, program,
or fund to which revenue in the special fund is required to be allocated under
subsection (d) of this section.

(2) For any fiscal year beginning on or after July 1, 2010, but before
July 1, 2013, for which funding is provided for an eligible purpose through the State
Consolidated Capital Bond Funding Program or other bond enabling act:
(i) from the balance of the special fund, before the allocations
under subsection (d) of this section are made, an amount shall be allocated to the
General Fund of the State equal to the total amount of funding provided for eligible
purposes through the bond enabling act; and
(ii) except as otherwise expressly provided under the bond
enabling act through which the funding is provided, the allocations provided under
subsection (d) of this section shall be adjusted to reduce the amount that would
otherwise be allocated for each eligible purpose by the amount of funding provided
for that purpose under the bond enabling act.
(3) Notwithstanding any other provision of law, a transfer under this
subsection may not be taken into account for purposes of determining any allocation
or appropriation required under subsection (f) or (g) of this section.
(e) The sums allocated in subsection (d) of this section may not revert to the
General Fund of the State.
(f) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, for any fiscal year in which the actual transfer tax revenue collections are
greater than the revenue estimates used as the basis for the appropriations required
under this section for the fiscal year, the amount of the excess shall be allocated to
the special fund under subsection (a) of this section as provided under subsections (c)
and (d) of this section for the second fiscal year following the fiscal year in which there
is an excess.
(ii) Notwithstanding subparagraph (i) of this paragraph or any
other provision of law, $21,776,868 of the transfer tax collected but not appropriated
or transferred in fiscal 2004 shall be transferred to the General Fund of the State.
(iii) Notwithstanding subparagraph (i) of this paragraph or any
other provision of law, in any fiscal year in which an appropriation or transfer is made
from the special fund to the General Fund, if the actual transfer tax revenue
collections for the prior fiscal year exceed the budget estimate for the prior fiscal year,
the excess shall be allocated in the current fiscal year for Program Open Space, the
Agricultural Land Preservation Fund, the Rural Legacy Program, and the Heritage
Conservation Fund. Funds made available under this subparagraph shall be
allocated as provided under subsection (d) of this section.

(2) For any fiscal year in which the actual transfer tax revenue
collections are less than the revenue estimates used as the basis for the
appropriations required under this section, the amount of the deficiency shall be
reconciled as follows:
(i) for the first $3,000,000 of any deficiency, the allocation to
the special fund under subsection (a) of this section as provided under subsections (c)
and (d) of this section for the second fiscal year following the deficiency shall be
reduced by either the amount of the deficiency or $3,000,000, whichever is less;
(ii) for any deficiency in excess of $3,000,000, the amount in
excess of $3,000,000 shall be reconciled either by the reduction of the allocation to the
special fund under subsection (a) of this section as provided under subsections (c) and
(d) of this section for the second fiscal year following the deficiency or by the
deauthorization of projects authorized in prior fiscal years;
(iii) for the allocation of the special fund under subsection (a) of
this section, in the fiscal year beginning July 1, 2016, transfer tax revenue under-
attainment from the fiscal year beginning July 1, 2014, will not be applied; and
(iv) transfer tax revenue in fiscal year 2015, that is in excess of
$161,016,000 may be transferred by budget amendment in fiscal year 2016 for:
1. administrative expenses related to land acquisition
for Program Open Space;
2. critical maintenance projects in the Department of
Natural Resources;
3. Natural Resources Development Fund projects in
the Department of Natural Resources; and
4. replacement of General Fund appropriations in the
Maryland Park Service.
(3) (i) Any amounts to be deauthorized from prior fiscal years
under paragraph (2)(ii) of this subsection shall be proposed by the Governor in the
budget of the second fiscal year following the fiscal year in which there is a deficiency.
(ii) An amount may be deauthorized under this paragraph only
as provided in the State budget bill, as enacted.

(g) (1) (i) The Governor shall include in the annual budget bill for
fiscal year 2023 a General Fund appropriation to the special fund in the amount of
$12,500,000.
(ii) The appropriation required under subparagraph (i) of this
paragraph:
1. is not subject to the provisions of subsections (a), (b),
(c), and (f) of this section;
2. shall be allocated as provided in subsection (d) of
this section and § 5-903 of the Natural Resources Article; and
3. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:
A. exceeds the required appropriation under this
paragraph; and
B. is identified as an appropriation for reimbursement
under this paragraph.
(2) (i) The Governor shall include in the annual budget bill for
fiscal year 2023 a General Fund appropriation to the special fund in the amount of
$6,000,000 for park development and the critical maintenance of State projects
located on lands managed by the Department of Natural Resources for public
purposes.
(ii) The appropriation required under subparagraph (i) of this
paragraph:
1. is not subject to the provisions of subsections (a), (b),
(c), and (f) of this section; and
2. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:
A. exceeds the required appropriation under this
paragraph;
B. is identified as an appropriation for reimbursement
under this paragraph; and

C. supplements rather than supplants the Department
of Natural Resources funding for the critical maintenance of State projects on State
lands, based on the average critical maintenance budget of the 10 years preceding the
appropriation.
(3) (i) 1. For fiscal year 2023, the Governor shall include in
the annual budget bill a General Fund appropriation in the amount of $2,500,000 to
the Maryland Agricultural and Resource-Based Industry Development Corporation
for the Next Generation Farmland Acquisition Program authorized under § 10-
523(a)(3)(ii) of the Economic Development Article.
2. For fiscal year 2025 only, the Governor shall include
in the annual budget bill a General Fund appropriation in the amount of $2,735,000
to the Maryland Agricultural and Resource-Based Industry Development
Corporation established under Title 10, Subtitle 5 of the Economic Development
Article to be used as follows:
A. $2,300,000 to support the Corporation's rural
business loan programs and small matching grant programs; and
B. $435,000 for grants and near-equity investments to:
I. support the creation or expansion of agricultural
product aggregation and storage sites; and
II. facilitate participation in the Certified Local Farm
and Fish Program.
3. For each of fiscal years 2024, 2025, 2026, and 2027,
the Governor shall include in the annual budget bill a General Fund appropriation of
$500,000 to the Urban Agriculture Water and Power Infrastructure Grant Fund
established under § 2-2103 of the Agriculture Article.
(ii) The appropriations required under subparagraph (i) of this
paragraph:
1. are not subject to the provisions of subsections (a),
(b), (c), and (f) of this section;
2. shall be allocated as provided in subsection (d) of
this section and § 5-903 of the Natural Resources Article; and
3. shall be reduced by the amount of any appropriation
from the General Fund to the special fund that:

A. exceeds the required appropriation under this
paragraph; and
B. is identified as an appropriation for reimbursement
under this paragraph.
(h) (1) Except as provided in paragraph (3) of this subsection, if an
appropriation or a transfer from the special fund to the General Fund occurs after
the fiscal year ending June 30, 2018, the Governor shall include in the annual budget
bills for each of the 3 successive fiscal years following the fiscal year in which a
transfer is made a General Fund appropriation to the special fund equal to one-third
of the cumulative amount of the appropriation or transfer from the special fund to
the General Fund for the applicable fiscal year.
(2) The appropriation required under paragraph (1) of this
subsection:
(i) represents reimbursement for the cumulative amount of
any appropriation or transfer from the special fund to the General Fund for the
applicable fiscal year;
(ii) is not subject to the provisions of subsections (a), (b), (c),
and (f) of this section;
(iii) shall be allocated as provided in subsection (d) of this
section and § 5-903 of the Natural Resources Article;
(iv) shall be made until the cumulative total appropriated
under paragraph (1) of this subsection is equal to the cumulative amount of any
appropriation or transfer from the special fund to the General Fund for the applicable
fiscal year; and
(v) shall be reduced by the amount of any appropriation from
the General Fund to the special fund that:
1. exceeds the required appropriation under this
subsection; and
2. is identified as an appropriation for reimbursement
under this subsection.

(3) The appropriation required under paragraph (1) of this
subsection does not apply to transfers from the special fund to the General Fund that
occur in fiscal years 2026 through 2029.
(i) (1) The distributions required under this subsection may not be
utilized or considered for the purposes of calculating any allocation or appropriation
under subsection (f) or (g) of this section.
(2) Notwithstanding any other provision of law, the Governor may
transfer funds from the special fund established under this section to the General
Fund as follows:
(i) on or before June 30, 2014, $89,198,555;
(ii) for the fiscal year beginning July 1, 2014, $144,188,544;
(iii) for the fiscal year beginning July 1, 2015, $115,366,700;
(iv) for the fiscal year beginning July 1, 2016, $62,771,000; and
(v) for the fiscal year beginning July 1, 2017, $46,028,000.

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