H.B. 578                                                 VETOES

[(i)] (H) If the Department determines there has been an overpayment of the
tax on a vessel, or an overpayment has resulted for any other reason, the Department
may submit the overpayment and supporting data whether accompanied by a written
claim or not to the State Comptroller for refund to the appropriate person.

[(j) Notwithstanding any other provision of this section, the Department shall
deposit, in accordance with the provisions of § 8-723 of this subtitle, up to $350,000 of
funds from the excise tax levied under this section and as appropriated in the State
budget, to be used for enforcement of the State Boat Act, including collection of the
excise tax levied under this section.]

[(k)] (I) (1) For purposes of subsection (a)(3) of this section, a vessel is
deemed to be held for maintenance or repair if:

(i) The maintenance or repair work is provided in exchange for
compensation;

(ii) The maintenance or repair work is performed pursuant to a
schedule preestablished with one or more marine contractors; and

(iii) The total cost of the maintenance or repair work is at least two
times the reasonable current market cost of docking or storing the vessel.

(2) Time spent conducting sea trials shall be included when calculating
the period of time a vessel is held for maintenance or repair under subsection (a)(3) of
this section.                                                                                                               

8-723.

(a)     Any fee and other revenue the Department collects under authority of this
subtitle, and any other available income, shall be deposited in the State Treasury and
used exclusively for the administration, functions, and objectives of this subtitle.
These funds are credited to the Department.

(b)     The Department may use the funds credited to its accounts to purchase,
rent, and operate any equipment necessary to accomplish the purposes of this
subtitle, within budgetary limitations.

(c)      Subject to available income, the Department may employ necessary
personnel subject to the provisions of the State Personnel and Pensions Article.

(d)     Within the limits of funds available, the Department may enter into any
agreement with the federal government, any municipality or other political
subdivision of the State, or any private agency to share the cost of any development,
construction, or improvement of waterways or of facilities determined to have
beneficial value to the boating public.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004 July 1, 2005.

May 26, 2004

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