Maryland 2023 2023 Regular Session

Maryland Senate Bill SB442 Chaptered / Bill

Filed 05/10/2023

                     	WES MOORE, Governor 	Ch. 468 
 
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Chapter 468 
(Senate Bill 442) 
 
AN ACT concerning 
 
Economic Development – Sports Entertainment Facilities – Financing and 
Construction 
 
FOR the purpose of altering the amount of taxable or tax exempt bonds that the Maryland 
Stadium Authority may issue for certain sports entertainment facilities; altering the 
entities from which the Authority is required to have received a request for financing 
and construction management services concerning a sports entertainment facility; 
altering the entities with which the Authority is required to enter into an agreement 
before issuing bonds to finance a sports entertainment facility; and generally 
relating to sports entertainment facilities. 
 
BY repealing and reenacting, with amendments, 
 Article – Economic Development 
Section 10–628(c)(1) and 10–646.3(b), (e), and (f) 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, without amendments, 
 Article – Economic Development 
Section 10–646.3(a) 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Economic Development 
 
10–628. 
 
 (c) (1) Unless authorized by the General Assembly, the Board of Public Works 
may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 
that constitute tax supported debt or nontax supported debt if, after issuance, there would 
be outstanding and unpaid more than the following face amounts of the bonds for the 
purpose of financing acquisition, construction, renovation, and related expenses for 
construction management, professional fees, and contingencies in connection with: 
 
 (i) the Baltimore Convention facility – $55,000,000; 
 
 (ii) the Hippodrome Performing Arts facility – $20,250,000; 
  Ch. 468 	2023 LAWS OF MARYLAND  
 
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 (iii) the Montgomery County Conference facility – $23,185,000; 
 
 (iv) the Ocean City Convention facility – $24,500,000; 
 
 (v) Baltimore City public school facilities – $1,100,000,000; 
 
 (vi) supplemental facilities – $25,000,000; 
 
 (vii) racing facilities – $375,000,000; 
 
 (viii) public school facilities in the State – $2,200,000,000; 
 
 (ix) the Hagerstown Multi–Use Sports and Events Facility – 
$59,500,000; 
 
 (x) sports entertainment facilities – [$200,000,000] $220,000,000; 
and 
 
 (xi) Prince George’s County Blue Line Corridor facilities – 
$400,000,000. 
 
10–646.3. 
 
 (a) Except as authorized by § 10–639 of this subtitle, to finance site acquisition, 
design, construction, equipping, and furnishing of any segment of a sports entertainment 
facility, the Authority shall comply with this section. 
 
 (b) (1) The Authority shall have received a written request for financing and 
construction management services from the State, a county, or a local government in which 
the sports entertainment facility is located or to be located OR A NONPROFIT 
ORGANIZATION THAT WI LL OWN OR OPERATE THE SPORTS ENTERTAINMENT 
FACILITY. 
 
 (2) The request shall include: 
 
 (i) the location of the proposed sports entertainment facility; 
 
 (ii) the amount, source, and timing of funding not including 
Authority bonds which may be issued to finance the proposed sports entertainment facility; 
and 
 
 (iii) a description of the anticipated use of the proposed sports 
entertainment facility. 
 
 (e) The Authority may not issue bonds to finance a sports entertainment facility 
until the Authority secures a written agreement with the State, county, or local government   	WES MOORE, Governor 	Ch. 468 
 
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in which the sports entertainment facility is located OR A NONPROFIT ORGANIZATION 
THAT WILL OWN OR OPERATE THE SPORTS E NTERTAINMENT FACILIT Y, as approved 
by the Board of Public Works, under which: 
 
 (1) the source of funding and the order in which funds will be spent is 
described; and 
 
 (2) the State, county, [or] local government, OR NON PROFIT 
ORGANIZATION agrees to: 
 
 (i) own, market, promote, and operate or contract for the marketing, 
promotion, and operation of the sports entertainment facility in a manner that maximizes 
the facility’s economic return; 
 
 (ii) maintain and repair or contract for the maintenance and repair 
of the sports entertainment facility so as to keep the sports entertainment facility in  
first–class operating condition; and 
 
 (iii) any other terms or conditions deemed necessary or appropriate 
by the Authority. 
 
 (f) On or before December 31 each year, a county or local government in which a 
sports entertainment facility financed in whole or in part under this subtitle is located OR 
A NONPROFIT ORGANIZA TION THAT OWNS OR OPERATES A SPORTS EN TERTAINMENT 
FACILITY shall report to the Senate Budget and Taxation Committee and the House 
Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 
on the sports entertainment facility’s assessment of the maintenance and repair needed to 
keep the facility in operating order. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2023. 
 
Approved by the Governor, May 8, 2023.