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<section article="gtg" article_name="Tax - General" number="10-739.1" effective_note="EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 416 OF 2025" title_number="10" title_name="Income Tax" subtitle_number="7" subtitle_name="Income Tax Credits">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Advanced practice registered nurse” has the same meaning stated in § 8–101 of the Health Occupations Article.</text>
    </level>
    <level label="3">
      <text>“Department” means the Maryland Department of Health.</text>
    </level>
    <level label="4">
      <text>“Licensed practical nurse” has the meaning stated in § 8–101 of the Health Occupations Article.</text>
    </level>
    <level label="5">
      <text>“Preceptorship program” means an organized system of clinical experience that, for the purpose of attaining specified learning objectives, pairs a licensed practical nurse or registered nurse student enrolled in a nursing education program that is recognized by the State Board of Nursing with a licensed practical nurse, advanced practice registered nurse, or registered nurse who meets the qualifications as a preceptor.</text>
    </level>
    <level label="6">
      <text>“Registered nurse” has the meaning stated in § 8–101 of the Health Occupations Article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to the limitations of this section, a licensed practical nurse, advanced practice registered nurse, or registered nurse may claim a credit against the State income tax in the amount stated on the tax credit certificate issued under subsection (c) of this section for the taxable year in which the licensed practical nurse, advanced practice registered nurse, or registered nurse served without compensation as a preceptor in a preceptorship program approved by the State Board of Nursing and worked:</text>
      <level label="i">
        <text>a minimum of three rotations, each consisting of at least 90 hours of community–based clinical training; and</text>
      </level>
      <level label="ii">
        <text>in an area of the State identified as having a health care workforce shortage by the Department, in consultation with the Governor’s Workforce Development Board.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The total amount of the credit allowed under this section for any taxable year may not exceed the State income tax imposed for that taxable year.</text>
      </level>
      <level label="ii">
        <text>Any unused amount of the credit for any taxable year may not be carried over to any other taxable year.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>On application by a licensed practical nurse, advanced practice registered nurse, or registered nurse, the Department shall issue a credit certificate in the amount of $1,000 for each student rotation of the minimum number of hours required under subsection (b)(1)(i) of this section for which the licensed practical nurse, advanced practice registered nurse, or registered nurse served as a preceptor without compensation.</text>
    </level>
    <level label="2">
      <text>The application shall contain:</text>
      <level label="i">
        <text>the name of the applicant;</text>
      </level>
      <level label="ii">
        <text>information identifying the preceptorship in which the applicant participated;</text>
      </level>
      <level label="iii">
        <text>the number and names of the students for whom the individual served as a preceptor without compensation; and</text>
      </level>
      <level label="iv">
        <text>any other information that the Department requires.</text>
      </level>
    </level>
    <level label="3">
      <text>For any taxable year, the amount of tax credit stated in the tax credit certificate may not exceed $10,000.</text>
    </level>
    <level label="4">
      <text>The Department shall:</text>
      <level label="i">
        <text>approve all applications that qualify for a tax credit certificate under this subsection on a first–come, first–served basis; and</text>
      </level>
      <level label="ii">
        <text>notify a taxpayer within 45 days of receipt of the taxpayer’s application of its approval or denial.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>For each taxable year, the total amount of tax credit certificates that may be issued by the Department under this section may not exceed the lesser of:</text>
        <level label="1">
          <text>the total funds in the Licensed Practical Nurse and Registered Nurse Preceptorship Tax Credit Fund for that year; or</text>
        </level>
        <level label="2">
          <text>$100,000.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the aggregate amount of tax credit certificates issued under this section during a taxable year totals less than the amount authorized under this paragraph, any excess amount may be issued under tax credit certificates in the next taxable year.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this section, “Fund” means the Licensed Practical Nurse and Registered Nurse Preceptorship Tax Credit Fund established under paragraph (2) of this subsection.</text>
    </level>
    <level label="2">
      <text>There is a Licensed Practical Nurse and Registered Nurse Preceptorship Tax Credit Fund.</text>
    </level>
    <level label="3">
      <text>The Department shall administer the Fund.</text>
    </level>
    <level label="4">
      <text>The purpose of the Fund is to offset the costs of the tax credit available under this section.</text>
    </level>
    <level label="5">
      <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text>
    </level>
    <level label="6">
      <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text>
    </level>
    <level label="7">
      <text>The Fund consists of:</text>
      <level label="i">
        <text>federal funding provided under:</text>
        <level label="1">
          <text>the federal Coronavirus Aid, Relief, and Economic Security Act;</text>
        </level>
        <level label="2">
          <text>the federal Consolidated Appropriations Act, 2021; or</text>
        </level>
        <level label="3">
          <text>any other federal COVID–19 pandemic relief funding;</text>
        </level>
      </level>
      <level label="ii">
        <text>money appropriated in the State budget to the Fund; and</text>
      </level>
      <level label="iii">
        <text>any other money from any other source accepted for the benefit of the Fund.</text>
      </level>
    </level>
    <level label="8">
      <text>The money in the Fund shall be invested and reinvested by the State Treasurer, and interest and earnings shall be credited to the General Fund of the State.</text>
    </level>
    <level label="9">
      <level label="i">
        <text>Except as otherwise provided in this paragraph, money credited or appropriated to the Fund shall remain in the Fund.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>Within 15 days after the end of each calendar quarter, the Department shall notify the Comptroller as to each credit certificate issued during the quarter.</text>
        </level>
        <level label="2">
          <text>On notification that a credit certificate has been issued by the Department, the Comptroller shall transfer an amount equal to the credit amount stated in the tax credit certificate from the Fund to the General Fund of the State.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="e">
    <text>On or before January 31 each taxable year, the Department shall:</text>
    <level label="1">
      <text>report to the Comptroller on the tax credit certificates issued under this section during the prior taxable year; and</text>
    </level>
    <level label="2">
      <text>report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the utilization of the credit established under this section.</text>
    </level>
  </level>
  <level label="f">
    <text>The Department, in consultation with the Governor’s Workforce Development Board, shall adopt regulations to carry out the provisions of this section, including the criteria and procedures for application for, approval of, and monitoring eligibility for the tax credit authorized under this section.</text>
  </level>
</section>
