Maryland 2023 Regular Session

Maryland Senate Bill SB442 Compare Versions

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1- WES MOORE, Governor Ch. 468
21
3-– 1 –
4-Chapter 468
5-(Senate Bill 442)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0442*
89
9-Economic Development – Sports Entertainment Facilities – Financing and
10-Construction
10+SENATE BILL 442
11+C8 3lr1804
1112
12-FOR the purpose of altering the amount of taxable or tax exempt bonds that the Maryland
13-Stadium Authority may issue for certain sports entertainment facilities; altering the
14-entities from which the Authority is required to have received a request for financing
15-and construction management services concerning a sports entertainment facility;
16-altering the entities with which the Authority is required to enter into an agreement
17-before issuing bonds to finance a sports entertainment facility; and generally
18-relating to sports entertainment facilities.
13+By: Senator Corderman
14+Introduced and read first time: February 2, 2023
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: March 1, 2023
1919
20-BY repealing and reenacting, with amendments,
21- Article – Economic Development
22-Section 10–628(c)(1) and 10–646.3(b), (e), and (f)
23- Annotated Code of Maryland
24- (2018 Replacement Volume and 2022 Supplement)
20+CHAPTER ______
2521
26-BY repealing and reenacting, without amendments,
27- Article – Economic Development
28-Section 10–646.3(a)
29- Annotated Code of Maryland
30- (2018 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
3123
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
24+Economic Development – Sports Entertainment Facilities – Financing and 2
25+Construction 3
3426
35-Article – Economic Development
27+FOR the purpose of altering the amount of taxable or tax exempt bonds that the Maryland 4
28+Stadium Authority may issue for certain sports entertainment facilities; altering the 5
29+entities from which the Authority is required to have received a request for financing 6
30+and construction management services concerning a sports entertainment facility; 7
31+altering the entities with which the Authority is required to enter into an agreement 8
32+before issuing bonds to finance a sports entertainment facility; and generally 9
33+relating to sports entertainment facilities. 10
3634
37-10–628.
35+BY repealing and reenacting, with amendments, 11
36+ Article – Economic Development 12
37+Section 10–628(c)(1) and 10–646.3(b), (e), and (f) 13
38+ Annotated Code of Maryland 14
39+ (2018 Replacement Volume and 2022 Supplement) 15
3840
39- (c) (1) Unless authorized by the General Assembly, the Board of Public Works
40-may not approve an issuance by the Authority of bonds, whether taxable or tax exempt,
41-that constitute tax supported debt or nontax supported debt if, after issuance, there would
42-be outstanding and unpaid more than the following face amounts of the bonds for the
43-purpose of financing acquisition, construction, renovation, and related expenses for
44-construction management, professional fees, and contingencies in connection with:
41+BY repealing and reenacting, without amendments, 16
42+ Article – Economic Development 17
43+Section 10–646.3(a) 18
44+ Annotated Code of Maryland 19
45+ (2018 Replacement Volume and 2022 Supplement) 20
4546
46- (i) the Baltimore Convention facility – $55,000,000;
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48+That the Laws of Maryland read as follows: 22 2 SENATE BILL 442
4749
48- (ii) the Hippodrome Performing Arts facility – $20,250,000;
49- Ch. 468 2023 LAWS OF MARYLAND
5050
51-– 2 –
52- (iii) the Montgomery County Conference facility – $23,185,000;
5351
54- (iv) the Ocean City Convention facility$24,500,000;
52+ArticleEconomic Development 1
5553
56- (v) Baltimore City public school facilities – $1,100,000,000;
54+10–628. 2
5755
58- (vi) supplemental facilities – $25,000,000;
56+ (c) (1) Unless authorized by the General Assembly, the Board of Public Works 3
57+may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 4
58+that constitute tax supported debt or nontax supported debt if, after issuance, there would 5
59+be outstanding and unpaid more than the following face amounts of the bonds for the 6
60+purpose of financing acquisition, construction, renovation, and related expenses for 7
61+construction management, professional fees, and contingencies in connection with: 8
5962
60- (vii) racing facilities – $375,000,000;
63+ (i) the Baltimore Convention facility – $55,000,000; 9
6164
62- (viii) public school facilities in the State – $2,200,000,000;
65+ (ii) the Hippodrome Performing Arts facility – $20,250,000; 10
6366
64- (ix) the Hagerstown Multi–Use Sports and Events Facility –
65-$59,500,000;
67+ (iii) the Montgomery County Conference facility – $23,185,000; 11
6668
67- (x) sports entertainment facilities – [$200,000,000] $220,000,000;
68-and
69+ (iv) the Ocean City Convention facility – $24,500,000; 12
6970
70- (xi) Prince George’s County Blue Line Corridor facilities –
71-$400,000,000.
71+ (v) Baltimore City public school facilities – $1,100,000,000; 13
7272
73-10646.3.
73+ (vi) supplemental facilities $25,000,000; 14
7474
75- (a) Except as authorized by § 10–639 of this subtitle, to finance site acquisition,
76-design, construction, equipping, and furnishing of any segment of a sports entertainment
77-facility, the Authority shall comply with this section.
75+ (vii) racing facilities – $375,000,000; 15
7876
79- (b) (1) The Authority shall have received a written request for financing and
80-construction management services from the State, a county, or a local government in which
81-the sports entertainment facility is located or to be located OR A NONPROFIT
82-ORGANIZATION THAT WI LL OWN OR OPERATE THE SPORTS ENTERTAINMENT
83-FACILITY.
77+ (viii) public school facilities in the State – $2,200,000,000; 16
8478
85- (2) The request shall include:
79+ (ix) the Hagerstown Multi–Use Sports and Events Facility – 17
80+$59,500,000; 18
8681
87- (i) the location of the proposed sports entertainment facility;
82+ (x) sports entertainment facilities – [$200,000,000] $220,000,000; 19
83+and 20
8884
89- (ii) the amount, source, and timing of funding not including
90-Authority bonds which may be issued to finance the proposed sports entertainment facility;
91-and
85+ (xi) Prince George’s County Blue Line Corridor facilities – 21
86+$400,000,000. 22
9287
93- (iii) a description of the anticipated use of the proposed sports
94-entertainment facility.
88+10–646.3. 23
9589
96- (e) The Authority may not issue bonds to finance a sports entertainment facility
97-until the Authority secures a written agreement with the State, county, or local government WES MOORE, Governor Ch. 468
90+ (a) Except as authorized by § 10–639 of this subtitle, to finance site acquisition, 24
91+design, construction, equipping, and furnishing of any segment of a sports entertainment 25
92+facility, the Authority shall comply with this section. 26
9893
99-– 3 –
100-in which the sports entertainment facility is located OR A NONPROFIT ORGANIZATION
101-THAT WILL OWN OR OPERATE THE SPORTS E NTERTAINMENT FACILIT Y, as approved
102-by the Board of Public Works, under which:
94+ (b) (1) The Authority shall have received a written request for financing and 27
95+construction management services from the State, a county, or a local government in which 28
96+the sports entertainment facility is located or to be located OR A NONPROFIT 29 SENATE BILL 442 3
10397
104- (1) the source of funding and the order in which funds will be spent is
105-described; and
10698
107- (2) the State, county, [or] local government, OR NON PROFIT
108-ORGANIZATION agrees to:
99+ORGANIZATION THAT WI LL OWN OR OPERATE THE SPORTS ENTERTAINMENT 1
100+FACILITY. 2
109101
110- (i) own, market, promote, and operate or contract for the marketing,
111-promotion, and operation of the sports entertainment facility in a manner that maximizes
112-the facility’s economic return;
102+ (2) The request shall include: 3
113103
114- (ii) maintain and repair or contract for the maintenance and repair
115-of the sports entertainment facility so as to keep the sports entertainment facility in
116-first–class operating condition; and
104+ (i) the location of the proposed sports entertainment facility; 4
117105
118- (iii) any other terms or conditions deemed necessary or appropriate
119-by the Authority.
106+ (ii) the amount, source, and timing of funding not including 5
107+Authority bonds which may be issued to finance the proposed sports entertainment facility; 6
108+and 7
120109
121- (f) On or before December 31 each year, a county or local government in which a
122-sports entertainment facility financed in whole or in part under this subtitle is located OR
123-A NONPROFIT ORGANIZA TION THAT OWNS OR OPERATES A SPORTS EN TERTAINMENT
124-FACILITY shall report to the Senate Budget and Taxation Committee and the House
125-Appropriations Committee, in accordance with § 2–1257 of the State Government Article,
126-on the sports entertainment facility’s assessment of the maintenance and repair needed to
127-keep the facility in operating order.
110+ (iii) a description of the anticipated use of the proposed sports 8
111+entertainment facility. 9
128112
129- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
130-1, 2023.
113+ (e) The Authority may not issue bonds to finance a sports entertainment facility 10
114+until the Authority secures a written agreement with the State, county, or local government 11
115+in which the sports entertainment facility is located OR A NONPROFIT ORGANIZATION 12
116+THAT WILL OWN OR OPERATE THE SPORTS E NTERTAINMENT FACILIT Y, as approved 13
117+by the Board of Public Works, under which: 14
131118
132-Approved by the Governor, May 8, 2023.
119+ (1) the source of funding and the order in which funds will be spent is 15
120+described; and 16
121+
122+ (2) the State, county, [or] local government, OR NON PROFIT 17
123+ORGANIZATION agrees to: 18
124+
125+ (i) own, market, promote, and operate or contract for the marketing, 19
126+promotion, and operation of the sports entertainment facility in a manner that maximizes 20
127+the facility’s economic return; 21
128+
129+ (ii) maintain and repair or contract for the maintenance and repair 22
130+of the sports entertainment facility so as to keep the sports entertainment facility in 23
131+first–class operating condition; and 24
132+
133+ (iii) any other terms or conditions deemed necessary or appropriate 25
134+by the Authority. 26
135+
136+ (f) On or before December 31 each year, a county or local government in which a 27
137+sports entertainment facility financed in whole or in part under this subtitle is located OR 28
138+A NONPROFIT ORGANIZA TION THAT OWNS OR OPERATES A SPORTS EN TERTAINMENT 29
139+FACILITY shall report to the Senate Budget and Taxation Committee and the House 30
140+Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 31
141+on the sports entertainment facility’s assessment of the maintenance and repair needed to 32
142+keep the facility in operating order. 33
143+ 4 SENATE BILL 442
144+
145+
146+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
147+1, 2023. 2
148+
149+
150+
151+Approved:
152+________________________________________________________________________________
153+ Governor.
154+________________________________________________________________________________
155+ President of the Senate.
156+________________________________________________________________________________
157+ Speaker of the House of Delegates.