§ 4-216

(a) (1) In this section the following words have the meanings indicated.

(2) “Tourism tax increment” means the amount, if any, by which the tourism tax revenues collected in the fiscal year 2 years before a particular fiscal year exceeds the tourism tax revenues collected in the fiscal year 3 years before the particular fiscal year.

(3) “Tourism tax revenues” means sales and use tax revenues collected on the retail sale of tourist–oriented goods and services, as determined by the Comptroller under subsection (c)(3) of this section.

(b) (1) For each of fiscal years 2011 and 2012, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Fund of $5,000,000.

(2) For fiscal year 2013 and each fiscal year thereafter, the Governor shall include in the annual budget bill a proposed General Fund appropriation to the Fund in an amount not less than $6,000,000 for each fiscal year.

(c) (1) On or before August 1 of each year, the Comptroller shall calculate the amount of the qualifying tourism tax increment for the current fiscal year in accordance with paragraph (2) of this subsection.

(2) The qualifying tourism tax increment is:

(i) if the tourism tax increment exceeds 3% of the tourism tax revenues collected in the fiscal year 3 years before the current fiscal year, one–half of the amount of the tourism tax increment above the 3% increase; or

(ii) if the tourism tax increment does not exceed 3%, zero.

(3) The Comptroller shall:

(i) determine the classification codes that shall be included in tourism tax revenues under this subsection after consulting with the Department; and

(ii) on request from the Department, report the amount of the qualifying tourism tax increment to the Department.

(4) The Governor shall consider whether to include the amount of the qualifying tourism tax increment in the appropriation to the Fund in the proposed State budget for the next fiscal year, in addition to the amount to be included in the budget bill under subsection (b) of this section.

(5) This subsection may not be construed to require funding in the State budget of the qualifying tourism tax increment.

(6) If the proposed State budget for a particular fiscal year includes an appropriation to the Fund under this subsection, it is the intent of the General Assembly that the total annual funding appropriated to the Fund in any fiscal year not exceed by more than $5,000,000 the sum of:

(i) the portion of the qualifying tourism tax increment that the Governor included in the proposed State budget for the fiscal year immediately preceding the particular fiscal year; and

(ii) the amount stated in subsection (b) of this section.

(d) (1) On or before December 1 of each year beginning in 2015, in cooperation with the Board and the Maryland Association of Destination Marketing Organizations, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the effectiveness of the funding provided under subsections (b) and (c) of this section in increasing visitor attendance and visitor spending in Maryland.

(2) The report shall include information that addresses the following:

(i) the specific use of the tourism advertising funds provided by this section;

(ii) data quantifying the success of Maryland’s increased tourism marketing efforts;

(iii) tourism marketing strategies used by other states in Maryland’s primary market and their impact on Maryland’s market share;

(iv) efforts by the Board to generate additional revenues for the Maryland Tourism Development Board Fund; and

(v) other short– and long–term strategies for tourism development that, if adopted, could improve Maryland’s competitive position with its neighboring states.