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<section article="gsf" article_name="State Finance and Procurement" number="7-329" title_number="7" title_name="Appropriations" subtitle_number="3" subtitle_name="Unspent Balances">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Fund” means the Fiscal Responsibility Fund established under § 7–330 of this subtitle.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>“Nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article.</text>
      </level>
      <level label="ii">
        <text>“Nonwithholding income tax revenues” does not include:</text>
        <level label="1">
          <text>the county share of income tax quarterly estimated and final payments with returns made by individuals;</text>
        </level>
        <level label="2">
          <text>income tax payments made by corporations;</text>
        </level>
        <level label="3">
          <text>income tax refunds paid to individuals or corporations; or</text>
        </level>
        <level label="4">
          <text>income tax withholding.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>At the end of fiscal year 2020, and each fiscal year thereafter, if General Fund revenues for the fiscal year are less than the March estimate of the Board of Revenue Estimates, the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article shall be applied to close the gap in revenues for that fiscal year.</text>
  </level>
  <level label="b–1">
    <text>At the end of fiscal year 2022 only, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount necessary to close the gap in revenues under subsection (b) of this section, the State Comptroller shall distribute the remainder to the Fund for the purpose of providing, beginning July 1, 2022, a cost–of–living adjustment of up to 4.5% for permanent employees in the Executive Branch of State government who are in a bargaining unit that is represented by the American Federation of State, County and Municipal Employees, AFL–CIO, excluding a bargaining unit represented by the American Federation of State, County and Municipal Employees, AFL–CIO Local 1859.</text>
  </level>
  <level label="c">
    <text>Except as provided in subsection (b–1) of this section, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount necessary to close the gap in revenues under subsection (b) of this section, and if the balance of the Revenue Stabilization Account under § 7–311 of this subtitle is less than 6% of the estimated General Fund revenues for that fiscal year, the State Comptroller shall distribute to the Revenue Stabilization Account the lesser of:</text>
    <level label="1">
      <text>the remaining balance of nonwithholding income tax revenues in excess of the capped estimate determined under § 6–104(e) of this article; or</text>
    </level>
    <level label="2">
      <text>the amount required for the Revenue Stabilization Account balance to equal 6% of the estimated General Fund revenues for that fiscal year.</text>
    </level>
  </level>
  <level label="d">
    <text>Except as provided in subsection (b–1) of this section, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount the State Comptroller is required to distribute to the Revenue Stabilization Account under subsection (c) of this section, the State Comptroller shall distribute:</text>
    <level label="1">
      <text>subject to subsection (e) of this section, 50% of the remaining amount to the Revenue Stabilization Account; and</text>
    </level>
    <level label="2">
      <text>the remainder to the Fund.</text>
    </level>
  </level>
  <level label="e">
    <text>The distribution to the Revenue Stabilization Account under subsection (d)(1) of this section does not apply if the amount in the Revenue Stabilization Account exceeds 10% of General Fund revenues.</text>
  </level>
</section>
