Maryland 2023 Regular Session

Maryland Senate Bill SB720 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 111
2	1
3		-	– 1 –
4		-	Chapter 111
5		-	(Senate Bill 720)
6	2
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	+	sb0720
8	9
9		-	~~Maryland Horse Racing Act – Sunset Extension of Maryland Horse Racing Act~~
10		-	~~and Establishment of Maryland Thoroughbred Racetrack Operating Authority~~
	10	+	SENATE BILL 720
	11	+	P3 3lr0101
11	12
12		-	FOR the purpose of extending the termination date of the Maryland Horse Racing Act;
13		-	establishing the Maryland Thoroughbred Racetrack Operating Authority;
14		-	establishing the Maryland Racing Operations Fund as a special, nonlapsing fund;
15		-	authorizing the Maryland Stadium Authority to transfer money from the Racing and
16		-	Community Development Facilities Fund to the Maryland Racing Operations Fund;
17		-	requiring interest earnings of the Maryland Racing Operations Fund to be credited
18		-	to the Maryland Racing Operations Fund; altering the authorized uses of certain
19		-	grants and the names of certain grantees; extending the date by which the owner of
20		-	the Bowie Race Course Training Center property must convey the property to the
21		-	City of Bowie; altering the amount and distribution of certain funds transferred to
22		-	the City of Bowie; and generally relating to the Maryland Horse Racing Act and the
23		-	Maryland Thoroughbred Racetrack Operating Authority.
	13	+	By: Chair, Budget and Taxation Committee (By Request – Departmental – Labor)
	14	+	Introduced and read first time: February 6, 2023
	15	+	Assigned to: Budget and Taxation
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted
	18	+	Read second time: March 23, 2023
24	19
25		-	BY repealing and reenacting, without amendments,
26		-	Article – Business Regulation
27		-	Section 11–1101
28		-	Annotated Code of Maryland
29		-	(2015 Replacement Volume and 2022 Supplement)
	20	+	CHAPTER ______
30	21
31		-	BY repealing and reenacting, with amendments,
32		-	Article – Business Regulation
33		-	Section 11–510, 11–519(d), and 11–1102
34		-	Annotated Code of Maryland
35		-	(2015 Replacement Volume and 2022 Supplement)
	22	+	AN ACT concerning 1
36	23
37		-	BY repealing and reenacting, without amendments,
38		-	Article – Economic Development
39		-	Section 10–657.3(a)
40		-	Annotated Code of Maryland
41		-	(2018 Replacement Volume and 2022 Supplement)
	24	+	Maryland Horse Racing Act – Sunset Extension of Maryland Horse Racing Act 2
	25	+	and Establishment of Maryland Thoroughbred Racetrack Operating Authority 3
42	26
43		-	BY repealing and reenacting, with amendments,
44		-	Article – Economic Development
45		-	Section 10–657.3(f)(1)
46		-	Annotated Code of Maryland
47		-	(2018 Replacement Volume and 2022 Supplement)
	27	+	FOR the purpose of extending the termination date of the Maryland Horse Racing Act; 4
	28	+	establishing the Maryland Thoroughbred Racetrack Operating Authority; 5
	29	+	establishing the Maryland Racing Operations Fund as a special, nonlapsing fund; 6
	30	+	authorizing the Maryland Stadium Authority to transfer money from the Racing and 7
	31	+	Community Development Facilities Fund to the Maryland Racing Operations Fund; 8
	32	+	requiring interest earnings of the Maryland Racing Operations Fund to be credited 9
	33	+	to the Maryland Racing Operations Fund; altering the authorized uses of certain 10
	34	+	grants and the names of certain grantees; extending the date by which the owner of 11
	35	+	the Bowie Race Course Training Center property must convey the property to the 12
	36	+	City of Bowie; altering the amount and distribution of certain funds transferred to 13
	37	+	the City of Bowie; and generally relating to the Maryland Horse Racing Act and the 14
	38	+	Maryland Thoroughbred Racetrack Operating Authority. 15
48	39
49		-	BY adding to Ch. 111 2023 LAWS OF MARYLAND
	40	+	BY repealing and reenacting, without amendments, 16
	41	+	Article – Business Regulation 17
	42	+	Section 11–1101 18
	43	+	Annotated Code of Maryland 19
	44	+	(2015 Replacement Volume and 2022 Supplement) 20
50	45
51		-	– 2 –
52		-	Article – Economic Development
53		-	Section 10–1001 through 10–1008 to be under the new subtitle “Subtitle 10.
54		-	Maryland Thoroughbred Racetrack Operating Authority”
55		-	Annotated Code of Maryland
56		-	(2018 Replacement Volume and 2022 Supplement)
	46	+	BY repealing and reenacting, with amendments, 21
	47	+	Article – Business Regulation 22
	48	+	Section 11–510, 11–519(d), and 11–1102 23 2 SENATE BILL 720
57	49
58		-	BY repealing and reenacting, without amendments,
59		-	Article – State Finance and Procurement
60		-	Section 6–226(a)(2)(i)
61		-	Annotated Code of Maryland
62		-	(2021 Replacement Volume and 2022 Supplement)
63	50
64		-	BY repealing and reenacting, with amendments,
65		-	Article – State Finance and Procurement
66		-	Section 6–226(a)(2)(ii)170. and 171.
67		-	Annotated Code of Maryland
68		-	(2021 Replacement Volume and 2022 Supplement)
	51	+	Annotated Code of Maryland 1
	52	+	(2015 Replacement Volume and 2022 Supplement) 2
69	53
70		-	BY ~~adding to~~
71		-	Article – ~~State Finance and Procurement~~
72		-	Section 6–~~226~~(a)~~(2)(ii)172. and 11–203(j)~~
73		-	Annotated Code of Maryland
74		-	(~~2021~~ Replacement Volume and 2022 Supplement)
	54	+	BY repealing and reenacting, without amendments, 3
	55	+	Article – Economic Development 4
	56	+	Section 10–657.3(a) 5
	57	+	Annotated Code of Maryland 6
	58	+	(2018 Replacement Volume and 2022 Supplement) 7
75	59
76		-	BY repealing and reenacting, with amendments,
77		-	Chapter 590 of the Acts of the General Assembly of 2020
78		-	Section 8
	60	+	BY repealing and reenacting, with amendments, 8
	61	+	Article – Economic Development 9
	62	+	Section 10–657.3(f)(1) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2018 Replacement Volume and 2022 Supplement) 12
79	65
80		-	BY repealing and reenacting, with amendments,
81		-	Chapter 344 of the Acts of the General Assembly of 2022
82		-	Section 1(3) Item DA03(B) and SA25(B)
	66	+	BY adding to 13
	67	+	Article – Economic Development 14
	68	+	Section 10–1001 through 10–1008 to be under the new subtitle “Subtitle 10. 15
	69	+	Maryland Thoroughbred Racetrack Operating Authority” 16
	70	+	Annotated Code of Maryland 17
	71	+	(2018 Replacement Volume and 2022 Supplement) 18
83	72
84		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
85		-	That the Laws of Maryland read as follows:
	73	+	BY repealing and reenacting, without amendments, 19
	74	+	Article – State Finance and Procurement 20
	75	+	Section 6–226(a)(2)(i) 21
	76	+	Annotated Code of Maryland 22
	77	+	(2021 Replacement Volume and 2022 Supplement) 23
86	78
87		-	Article – Business Regulation
	79	+	BY repealing and reenacting, with amendments, 24
	80	+	Article – State Finance and Procurement 25
	81	+	Section 6–226(a)(2)(ii)170. and 171. 26
	82	+	Annotated Code of Maryland 27
	83	+	(2021 Replacement Volume and 2022 Supplement) 28
88	84
89		-	11–1101.
	85	+	BY adding to 29
	86	+	Article – State Finance and Procurement 30
	87	+	Section 6–226(a)(2)(ii)172. and 11–203(j) 31
	88	+	Annotated Code of Maryland 32
	89	+	(2021 Replacement Volume and 2022 Supplement) 33
90	90
91		-	This title is the Maryland Horse Racing Act.
	91	+	BY repealing and reenacting, with amendments, 34
	92	+	Chapter 590 of the Acts of the General Assembly of 2020 35
	93	+	Section 8 36
92	94
93		-	11–1102.
94		-
95		-	Subject to the evaluation and reestablishment provisions of the Maryland Program
96		-	Evaluation Act, this title and all regulations adopted under this title shall terminate on
97		-	July 1, [2024] 2034. WES MOORE, Governor Ch. 111
98		-
99		-	– 3 –
100		-
101		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryl and read
102		-	as follows:
103		-
104		-	Article – Business Regulation
105		-
106		-	11–510.
107		-
108		-	(a) Except as provided in subsection (b) of this section, the Commission may not
109		-	issue a license, or award racing days, for racing at a mile track.
110		-
111		-	(b) The Commission may issue a license and award racing days only to:
112		-
113		-	(1) the Maryland Jockey Club of Baltimore City, Inc.; [and]
114		-
115		-	(2) the Laurel Racing Assoc., Inc.; AND
116		-
117		-	(3) SUBJECT TO § 10–1003(B) OF THE ECONOMIC DEVELOPMENT
118		-	ARTICLE, THE MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY.
119		-
120		-	11–519.
121		-
122		-	(d) (1) (i) On or before December 31, [2023] 2024, the owner of the Bowie
123		-	Race Course Training Center shall convey the Bowie Race Course Training Center property
124		-	to the City of Bowie “as is”, with all defects that may exist, whether known or unknown,
125		-	and without any express or implied warranty, guarantee by, or recourse against the
126		-	conveyor of the property.
127		-
128		-	(ii) Notwithstanding any other provision of law, the conveyor of the
129		-	Bowie Race Course Training Center property shall be held harmless against any and all
130		-	claims and risks, now or in the future, arising directly or indirectly from, or in any way
131		-	related to, the condition of the property or conveyance, with all those claims and risks
132		-	assumed by the City of Bowie.
133		-
134		-	(2) The portion of the Bowie Race Course Training Center property
135		-	transferred to the City of Bowie that is within 100 feet of the top of the Patuxent River
136		-	bank shall be used for passive recreational activities, including hiking, wildlife viewing,
137		-	picnicking, and walking.
138		-
139		-	(3) The portion of the Bowie Race Course Training Center property
140		-	transferred to the City of Bowie not described under paragraph (2) of this subsection may:
141		-
142		-	(i) be used only for active recreational activities, including baseball,
143		-	football, soccer, and cricket; and
144		-	Ch. 111 2023 LAWS OF MARYLAND
145		-
146		-	– 4 –
147		-	(ii) have only one structure that is up to 50,000 square feet
148		-	constructed on the property.
149		-
150		-	(4) On or before January 1, 2021, the City of Bowie shall enter into a joint
151		-	use agreement, including an easement, with Bowie State University for the future use of
152		-	the property described under paragraph (3) of this subsection.
153		-
154		-	(5) The City of Bowie and Bowie State University shall report to the
155		-	General Assembly, in accordance with § 2–1257 of the State Government Article, on the
156		-	final terms of the joint use agreement entered into under this subsection.
157		-
158		-	Article – Economic Development
159		-
160		-	10–657.3.
161		-
162		-	(a) There is a Racing and Community Development Facilities Fund.
163		-
164		-	(f) (1) Before the issuance of any bonds authorized under this subtitle to
165		-	finance improvements to a racing facility, the Authority may:
166		-
167		-	(I) pay [for] FROM THE RACING AND COMMUNITY
168		-	DEVELOPMENT FACILITIES FUND any costs for administration, overhead, and
169		-	operations of the Authority [or], costs of engineering, architectural, and other design
170		-	professionals [from the Racing and Community Development Facilities Fund], OR COSTS
171		-	AUTHORIZED UNDER SUBTITLE 10 OF THIS TITLE; AND
172		-
173		-	(II) TRANSFER MONEY FROM THE RACING AND COMMUNITY
174		-	DEVELOPMENT FACILITIES FUND TO THE MARYLAND RACING OPERATIONS FUND
175		-	UNDER § 10–1008 OF THIS TITLE.
176		-
177		-	SUBTITLE 10. MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY.
178		-
179		-	10–1001.
180		-
181		-	IN THIS SUBTITLE , “AUTHORITY” MEANS THE MARYLAND THOROUGHBRED
182		-	RACETRACK OPERATING AUTHORITY.
183		-
184		-	10–1002.
185		-
186		-	(A) THERE IS A MARYLAND THOROUGHBRED RACETRACK OPERATING
187		-	AUTHORITY.
188		-
189		-	(B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN
190		-	INSTRUMENTALITY OF T HE STATE. WES MOORE, Governor Ch. 111
191		-
192		-	– 5 –
193		-
194		-	(C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE
195		-	IS THE PERFORMANCE OF AN ESSENTIAL GOVE RNMENTAL FUNCTION .
196		-
197		-	10–1003.
198		-
199		-	(A) THE PURPOSE OF THE AUTHORITY IS TO MAINT AIN THE STATE AS A
200		-	BEST–IN–CLASS THOROUGHBRED H ORSE RACING VENUE .
201		-
202		-	(B) THE AUTHORITY MAY :
203		-
204		-	(1) STUDY AND MAKE ANY R ECOMMENDATIONS THAT THE
205		-	AUTHORITY FINDS ARE IN THE BEST INTE RESTS OF THOROUGHBRE D RACING IN THE
206		-	STATE;
207		-
208		-	(2) IN COORDINATION WITH OTHER STATE ENTITIES, DEVELOP NEW
209		-	AND EXISTING HORSE R ACING AND TRAINING F ACILITIES IN THE STATE;
210		-
211		-	(3) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION AND IN
212		-	ACCORDANCE WITH AN EXECUTIVE OR DER OR A DETERMINATI ON OF THE STATE
213		-	RACING COMMISSION THAT A THO ROUGHBRED RACING LIC ENSEE UNDER TITLE 11,
214		-	SUBTITLE 5 OF THE BUSINESS REGULATION ARTICLE, FOR ANY REASON OTHER
215		-	THAN WEATHER , AN ACT OF GOD, OR OTHER CIRCUMSTANC ES BEYOND THE
216		-	CONTROL OF THE LICEN SEE, IS UNABLE TO SUPPORT THE MINIMUM NUMBER O F
217		-	LIVE RACING DAYS :
218		-
219		-	(I) MANAGE AND OVERSEE , IN COMPLIANCE WITH TITLE 11,
220		-	SUBTITLE 5 OF THE BUSINESS REGULATION ARTICLE:
221		-
222		-	1. DAY–TO–DAY THOROUGHBRED HOR SE RACING
223		-	OPERATIONS;
224		-
225		-	2. LIVE RACING DAYS ; AND
226		-
227		-	3. ASSETS IN THE STATE; AND
228		-
229		-	(II) IN COORDINATION WITH THE MARYLAND ECONOMIC
230		-	DEVELOPMENT CORPORATION , ACQUIRE PROPERTY OR CONTRACTUAL INTEREST S
231		-	CONSISTENT WITH § 11–521 OF THE BUSINESS REGULATION ARTICLE AND THE
232		-	PROCEDURES SET FORTH IN §§ 8–334 THROUGH 8–339 OF THE TRANSPORTATION
233		-	ARTICLE;
234		-
235		-	(4) ENTER INTO ANY AGREE MENTS, LEASES, PARTNERSHIPS , OR
236		-	CONTRACTS NECESSARY TO: Ch. 111 2023 LAWS OF MARYLAND
237		-
238		-	– 6 –
239		-
240		-	(I) SUPPORT AND SUSTAIN MARYLAND THOROUGHBRED
241		-	RACING AND PARI –MUTUEL WAGERING ACTI VITY; AND
242		-
243		-	(II) ENSURE COMPLIANCE WITH STATE RACING COMMISSION
244		-	RULES AND REGULATION S;
245		-
246		-	(5) AUTHORIZE OR CREATE A SEPARATE BODY , ENTITY, OR HOLDING
247		-	COMPANY TO CARRY OUT ANY PROVISIONS OF TH IS SUBTITLE;
248		-
249		-	(6) ADOPT REGULATIONS TO CARRY OUT THE PROVIS IONS OF THIS
250		-	SUBTITLE; AND
251		-
252		-	(7) MAKE ANY OTHER RECOM MENDATIONS THE AUTHORITY DEEMS
253		-	NECESSARY.
254		-
255		-	(C) BEFORE THE AUTHORITY MAY EXERCIS E THE POWERS AUTHORI ZED
256		-	UNDER SUBSECTION (B)(3) OF THIS SECTION , THE LEGISLATIVE POLICY
257		-	COMMITTEE SHALL REVIE W AND COMMENT ON THE EXECUTIVE ORDER OR
258		-	DETERMINATION OF THE STATE RACING COMMISSION DESCRIBED UNDER
259		-	SUBSECTION (B)(3) OF THIS SECTION.
260		-
261		-	10–1004.
262		-
263		-	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
264		-	AUTHORITY CONSISTS OF :
265		-
266		-	(I) THE FOLLOWING MEMBER S APPOINTED BY THE GOVERNOR
267		-	WITH THE ADVICE AND CONSENT O F THE SENATE:
268		-
269		-	1. ONE MEMBER FROM A LI ST OF TWO INDIVIDUAL S
270		-	NOMINATED BY THE MARYLAND THOROUGHBRED HORSEMEN’S ASSOCIATION;
271		-
272		-	2. ONE MEMBER FROM A LI ST OF TWO INDIVIDUAL S
273		-	NOMINATED BY THE MARYLAND HORSE BREEDERS ASSOCIATION; AND
274		-
275		-	3. THREE OTHER MEMBERS WHO POSSESS RELEVANT
276		-	INDUSTRY, BUSINESS, OR GOVERNMENT EXPERI ENCE:
277		-
278		-	A. AT LEAST ONE OF WHOM SHALL HAVE EXPERIENC E IN
279		-	REAL ESTATE DEVELOPM ENT OR THE FINANCIAL SERVICES INDUSTRIES ; AND
280		-
281		-	B. ONE OF WHOM SHALL SE RVE AS CHAIR;
282		-	WES MOORE, Governor Ch. 111
283		-
284		-	– 7 –
285		-	(II) THE CHAIR OR EXECUTIVE DIRECTOR OF THE MARYLAND
286		-	STADIUM AUTHORITY, OR THE DESIGNEE OF T HE CHAIR OR EXECUTIVE DIRECTOR;
287		-
288		-	(III) THE CHAIR OR EXECUTIVE DIRECTOR OF THE MARYLAND
289		-	ECONOMIC DEVELOPMENT CORPORATION , OR THE DESIGNEE OF T HE
290		-	CORPORATION ’S BOARD OF DIRECTORS;
291		-
292		-	(IV) ONE MEMBER WHO IS NO T AN ELECTED OFFICIA L,
293		-	APPOINTED BY THE PRESIDENT OF THE SENATE;
294		-
295		-	(V) ONE MEMBER WHO IS NO T AN ELECTED OFFICIA L,
296		-	APPOINTED BY THE SPEAKER OF THE HOUSE;
297		-
298		-	(VI) THE FOLLOWING NONVOT ING, EX OFFICIO MEMBERS,
299		-	APPOINTED BY THE GOVERNOR:
300		-
301		-	1. ONE MEMBER OF THE CO MMUNITY WHO RESIDES
302		-	NEAR LAUREL PARK RACE COURSE;
303		-
304		-	2. ONE MEMBER OF THE CO MMUNITY WHO RESIDES
305		-	NEAR PIMLICO RACE COURSE; AND
306		-
307		-	3. ONE MEMBER OF THE CO MMUNITY WHO RESIDES
308		-	NEAR THE BOWIE RACE COURSE TRAINING CENTER PROPERTY ; AND
309		-
310		-	(VII) ONE NONVOTING , EX OFFICIO MEMBER OF THE STATE
311		-	RACING COMMISSION, DESIGNATED BY A MAJO RITY OF THE MEMBERS OF THE
312		-	STATE RACING COMMISSION.
313		-
314		-	(2) A MAJORITY OF THE MEMB ERS OF THE AUTHORITY MAY NOT
315		-	HAVE A DIRECT INTEREST IN THO ROUGHBRED HORSE RACI NG AS AN OWNER ,
316		-	TRAINER, OR LICENSEE.
317		-
318		-	(B) (1) THE TERM OF A MEMBER IS 4 YEARS.
319		-
320		-	(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
321		-	A SUCCESSOR IS APPOI NTED AND QUALIFIES .
322		-
323		-	(3) THE TERMS OF THE INIT IAL FIVE MEMBERS APPOINT ED BY THE
324		-	GOVERNOR SHALL BE STA GGERED.
325		-
326		-	(C) (1) FIVE MEMBERS OF THE AUTHORITY ARE A QUORU M.
327		-	Ch. 111 2023 LAWS OF MARYLAND
328		-
329		-	– 8 –
330		-	(2) ACTION BY THE AUTHORITY REQUIRES TH E AFFIRMATIVE VOTE
331		-	OF AT LEAST FIVE MEM BERS OF THE AUTHORITY.
332		-
333		-	(D) A MEMBER OF THE AUTHORITY:
334		-
335		-	(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
336		-	AUTHORITY; AND
337		-
338		-	(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE
339		-	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
340		-
341		-	10–1005.
342		-
343		-	(A) THE AUTHORITY MAY HIRE AN EXECUTIVE DIRECTOR WHO SERVES AS
344		-	THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY.
345		-
346		-	(B) THE EXECUTIVE DIRECTOR SHALL :
347		-
348		-	(1) DIRECT AND SUPERVISE THE ADMINISTRATIVE A CTIVITIES OF
349		-	THE AUTHORITY, IN ACCORDANCE WITH I TS REGULATIONS AND P OLICIES;
350		-
351		-	(2) ATTEND ALL MEETINGS OF THE AUTHORITY;
352		-
353		-	(3) KEEP MINUTES OF ALL PROCEEDINGS OF THE AUTHORITY;
354		-
355		-	(4) APPROVE ALL ACCOUNTS FOR SALARIES, PER DIEM PAYMENTS ,
356		-	AND ALL ALLOWABLE EX PENSES OF THE AUTHORITY, ITS EMPLOYEES , AND ITS
357		-	CONSULTANTS ;
358		-
359		-	(5) APPROVE ALL EXPENSES INCIDENTAL TO THE O PERATION OF THE
360		-	AUTHORITY;
361		-
362		-	(6) REPORT AND MAKE RECO MMENDATIONS TO THE AUTHORITY ON
363		-	THE MERITS AND STATU S OF ANY PROPOSED FA CILITY; AND
364		-
365		-	(7) PERFORM THE OTHER DU TIES THAT THE AUTHORITY REQUIRES
366		-	TO CARRY OUT THIS SU BTITLE.
367		-
368		-	(C) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PL EASURE OF THE
369		-	AUTHORITY.
370		-
371		-	(D) (1) THE AUTHORITY MAY EMPLOY OR RETAIN STAFF AS D EEMED
372		-	NECESSARY OR ADVISAB LE, INCLUDING CONSULTANT S, ENGINEERS, ARCHITECTS, WES MOORE, Governor Ch. 111
373		-
374		-	– 9 –
375		-	ACCOUNTANTS , FINANCIAL EXPERTS , CONSTRUCTION EXPERTS AND PERSONNEL ,
376		-	SUPERINTENDENTS , MANAGERS, AND OTHER PROFESSION AL PERSONNEL .
377		-
378		-	(2) SUBJECT TO THE APPROV AL OF THE AUTHORITY AND PURSUAN T
379		-	TO ITS APPROVED BUDG ET, THE EXECUTIVE DIRECTOR SHALL DETERM INE THE
380		-	COMPENSATION OF ALL STAFF THAT THE AUTHORITY EMPLOYS OR RETAINS.
381		-
382		-	(E) (1) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE
383		-	AUTHORITY.
384		-
385		-	(2) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE
386		-	AUTHORITY MAY RETAIN ANY ADDITIONAL LEGAL COUNSEL AS NECESSARY .
387		-
388		-	(F) (1) WITH RESPECT TO ANY A GREEMENTS ENTERED IN TO BY THE
389		-	AUTHORITY UNDER THIS SUBTITLE AND EXCEPT AS PROVID ED UNDER PARAGRAPH
390		-	(2) OF THIS SUBSECTION , THE AUTHORITY IS EXEMPT F ROM DIVISION II OF THE
391		-	STATE FINANCE AND PROCUREMENT ARTICLE.
392		-
393		-	(2) THE AUTHORITY IS SUBJECT TO TITLE 12, SUBTITLE 4 AND TITLE
394		-	14, SUBTITLE 3 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
395		-
396		-	10–1006.
397		-
398		-	THE AUTHORITY MAY :
399		-
400		-	(1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSIN ESS;
401		-
402		-	(2) ADOPT A SEAL;
403		-
404		-	(3) MAINTAIN OFFICES AT A PLACE IT DESIGNATE S IN THE STATE;
405		-
406		-	(4) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND FROM THE
407		-	FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR
408		-	UNIVERSITY, OR A PRIVATE SOURCE ;
409		-
410		-	(5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS;
411		-
412		-	(6) RETAIN, EMPLOY, OR HIRE AN INDEPENDE NT FIRM FOR THE
413		-	PURPOSE OF OPERATING AND MANAGING LIVE HORSE RA CING IN THE STATE;
414		-
415		-	(7) SUE OR BE SUED;
416		-
417		-	(8) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE:
418		-	Ch. 111 2023 LAWS OF MARYLAND
419		-
420		-	– 10 –
421		-	(I) A FRANCHISE, PATENT, OR LICENSE;
422		-
423		-	(II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN
424		-	CORPORATIONS , LIMITED LIABILITY COMPANIES, PARTNERSHIPS , OR OTHER
425		-	ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT;
426		-
427		-	(III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE
428		-	PROPERTY; OR
429		-
430		-	(IV) AN INTEREST IN A PRO PERTY LISTED UNDER T HIS ITEM;
431		-
432		-	(9) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR
433		-	DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ;
434		-
435		-	(10) FIX AND COLLECT RATE S, RENTALS, FEES, ROYALTIES, AND
436		-	CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE;
437		-
438		-	(11) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORAT ION,
439		-	LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER
440		-	OPERATED FOR PROFIT OR NOT FOR PROFIT ;
441		-
442		-	(12) EXERCISE POWER USUAL LY POSSESSED BY A PR IVATE
443		-	CORPORATION IN PERFO RMING SIMILAR FUNCTI ONS UNLESS TO DO SO WOULD
444		-	CONFLICT WITH STATE LAW;
445		-
446		-	(13) ASSIST WITH THE ADVE RTISING AND PROMOTIO N OF HORSE
447		-	RACING INTERESTS ; AND
448		-
449		-	(14) DO ALL THINGS NECESS ARY OR CONVENIENT TO CARRY OUT THE
450		-	POWERS GRANTED BY TH IS SUBTITLE.
451		-
452		-	10–1007.
453		-
454		-	THE AUTHORITY IS EXEMPT F ROM STATE AND LOCAL TAXES.
455		-
456		-	10–1008.
457		-
458		-	(A) IN THIS SECTION , “FUND” MEANS THE MARYLAND RACING
459		-	OPERATIONS FUND.
460		-
461		-	(B) THERE IS A MARYLAND RACING OPERATIONS FUND.
462		-
463		-	(C) THE PURPOSE OF THE FUND IS TO ASSIST THE AUTHORITY IN
464		-	FINANCING THE ACQUIS ITION, CONSTRUCTION , REHABILITATION , OR OTHER WES MOORE, Governor Ch. 111
465		-
466		-	– 11 –
467		-	CAPITAL EXPENSES OR OPERATING EXPENSES F OR THOROUGHBRED RACE TRACKS
468		-	IN THE STATE.
469		-
470		-	(D) THE AUTHORITY SHALL ADMIN ISTER THE FUND.
471		-
472		-	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
473		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
474		-
475		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
476		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
477		-
478		-	(F) THE FUND CONSISTS OF :
479		-
480		-	(1) MONEY DISTRIBUTED TO THE FUND FROM THE RACING AND
481		-	COMMUNITY DEVELOPMENT FINANCING FUND ESTABLISHED UNDE R § 10–657.3 OF
482		-	THIS TITLE;
483		-
484		-	(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND;
485		-
486		-	(3) INTEREST EARNINGS OF THE FUND; AND
487		-
488		-	(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
489		-	THE BENEFIT OF THE FUND.
490		-
491		-	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
492		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
493		-
494		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
495		-	THE FUND.
496		-
497		-	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
498		-	WITH THE STATE BUDGET .
499		-
500		-	Article – State Finance and Procurement
501		-
502		-	6–226.
503		-
504		-	(a) (2) (i) Notwithstanding any other provision of law, and unless
505		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the
506		-	terms of a gift or settlement agreement, net interest on all State money allocated by the
507		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to
508		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
509		-	Fund of the State.
510		-	Ch. 111 2023 LAWS OF MARYLAND
511		-
512		-	– 12 –
513		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply
514		-	to the following funds:
515		-
516		-	170. the Cannabis Public Health Fund; [and]
517		-
518		-	171. the Community Reinvestment and Repair Fund; AND
519		-
520		-	172. THE MARYLAND RACING OPERATIONS FUND.
521		-
522		-	11–203.
523		-
524		-	(J) EXCEPT AS PRO VIDED IN TITLE 12, SUBTITLE 4 AND TITLE 14,
525		-	SUBTITLE 3 OF THIS ARTICLE , THIS DIVISION II DOES NOT APPLY TO TH E
526		-	MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY.
527		-
528		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
529		-	as follows:
530		-
531		-	Chapter 590 of the Acts of 2020
532		-
533		-	SECTION 8. AND BE IT FURTHER ENACTED, That, in addition to the funds
534		-	otherwise available for racing and community development project costs under this Act and
535		-	notwithstanding the limitations under § 10–657.3 of the Economic Development Article, as
536		-	enacted by Section 1 of this Act, [at least $1,000,000 but not exceeding] $1,500,000 of the
537		-	funds transferred to the Racing and Community Development Facilities Fund established
538		-	under § 10–657.3 of the Economic Development Article in accordance with § 9–1A–29(d)(2)
539		-	of the State Government Article, as enacted by Section 1 of this Act, shall be transferred to
540		-	the City of Bowie, PROVIDED THAT A JOIN T USE AGREEMENT HAS BEEN EXECUTED
541		-	BETWEEN THE CITY OF BOWIE AND BOWIE STATE UNIVERSITY IN ACCORDA NCE
542		-	WITH § 11–519 OF THE BUSINESS REGULATION ARTICLE, AS ENACTED BY SECTION
543		-	1 OF THIS ACT, AND SHALL BE DISTRIB UTED AS FOLLOWS :
544		-
545		-	(1) NOT MORE THAN $100,000 FOR ENGINEERING DESI GN AND
546		-	ENVIRONMENTAL ANALYS IS PRIOR TO THE ACQU ISITION OF THE BOWIE RACE
547		-	COURSE TRAINING CENTER PROPER TY; AND
548		-
549		-	(2) THE REMAINDER for remediation costs of the Bowie Race Course
550		-	Training Center property[, provided that a joint use agreement has been executed between
551		-	the City of Bowie and Bowie State University in accordance with § 11–519 of the Business
552		-	Regulation Article, as enacted by Section 1 of this Act].
553		-
554		-	Chapter 344 of the Acts of 2022
555		-
556		-	Section 1(3)
557		-	WES MOORE, Governor Ch. 111
558		-
559		-	– 13 –
	95	+	BY repealing and reenacting, with amendments, 37
	96	+	Chapter 344 of the Acts of the General Assembly of 2022 38
	97	+	Section 1(3) Item DA03(B) and SA25(B) 39 SENATE BILL 720 3
560	98
561	99
562	100
	101	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	102	+	That the Laws of Maryland read as follows: 2
	103	+
	104	+	Article – Business Regulation 3
	105	+
	106	+	11–1101. 4
	107	+
	108	+	This title is the Maryland Horse Racing Act. 5
	109	+
	110	+	11–1102. 6
	111	+
	112	+	Subject to the evaluation and reestablishment provisions of the Maryland Program 7
	113	+	Evaluation Act, this title and all regulations adopted under this title shall terminate on 8
	114	+	July 1, [2024] 2034. 9
	115	+
	116	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryl and read 10
	117	+	as follows: 11
	118	+
	119	+	Article – Business Regulation 12
	120	+
	121	+	11–510. 13
	122	+
	123	+	(a) Except as provided in subsection (b) of this section, the Commission may not 14
	124	+	issue a license, or award racing days, for racing at a mile track. 15
	125	+
	126	+	(b) The Commission may issue a license and award racing days only to: 16
	127	+
	128	+	(1) the Maryland Jockey Club of Baltimore City, Inc.; [and] 17
	129	+
	130	+	(2) the Laurel Racing Assoc., Inc.; AND 18
	131	+
	132	+	(3) SUBJECT TO § 10–1003(B) OF THE ECONOMIC DEVELOPMENT 19
	133	+	ARTICLE, THE MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY. 20
	134	+
	135	+	11–519. 21
	136	+
	137	+	(d) (1) (i) On or before December 31, [2023] 2024, the owner of the Bowie 22
	138	+	Race Course Training Center shall convey the Bowie Race Course Training Center property 23
	139	+	to the City of Bowie “as is”, with all defects that may exist, whether known or unknown, 24
	140	+	and without any express or implied warranty, guarantee by, or recourse against the 25
	141	+	conveyor of the property. 26
	142	+
	143	+	(ii) Notwithstanding any other provision of law, the conveyor of the 27
	144	+	Bowie Race Course Training Center property shall be held harmless against any and all 28
	145	+	claims and risks, now or in the future, arising directly or indirectly from, or in any way 29 4 SENATE BILL 720
	146	+
	147	+
	148	+	related to, the condition of the property or conveyance, with all those claims and risks 1
	149	+	assumed by the City of Bowie. 2
	150	+
	151	+	(2) The portion of the Bowie Race Course Training Center property 3
	152	+	transferred to the City of Bowie that is within 100 feet of the top of the Patuxent River 4
	153	+	bank shall be used for passive recreational activities, including hiking, wildlife viewing, 5
	154	+	picnicking, and walking. 6
	155	+
	156	+	(3) The portion of the Bowie Race Course Training Center property 7
	157	+	transferred to the City of Bowie not described under paragraph (2) of this subsection may: 8
	158	+
	159	+	(i) be used only for active recreational activities, including baseball, 9
	160	+	football, soccer, and cricket; and 10
	161	+
	162	+	(ii) have only one structure that is up to 50,000 square feet 11
	163	+	constructed on the property. 12
	164	+
	165	+	(4) On or before January 1, 2021, the City of Bowie shall enter into a joint 13
	166	+	use agreement, including an easement, with Bowie State University for the future use of 14
	167	+	the property described under paragraph (3) of this subsection. 15
	168	+
	169	+	(5) The City of Bowie and Bowie State University shall report to the 16
	170	+	General Assembly, in accordance with § 2–1257 of the State Government Article, on the 17
	171	+	final terms of the joint use agreement entered into under this subsection. 18
	172	+
	173	+	Article – Economic Development 19
	174	+
	175	+	10–657.3. 20
	176	+
	177	+	(a) There is a Racing and Community Development Facilities Fund. 21
	178	+
	179	+	(f) (1) Before the issuance of any bonds authorized under this subtitle to 22
	180	+	finance improvements to a racing facility, the Authority may: 23
	181	+
	182	+	(I) pay [for] FROM THE RACING AND COMMUNITY 24
	183	+	DEVELOPMENT FACILITIES FUND any costs for administration, overhead, and 25
	184	+	operations of the Authority [or], costs of engineering, architectural, and other design 26
	185	+	professionals [from the Racing and Community Development Facilities Fund], OR COSTS 27
	186	+	AUTHORIZED UNDER SUBTITLE 10 OF THIS TITLE; AND 28
	187	+
	188	+	(II) TRANSFER MONEY FROM THE RACING AND COMMUNITY 29
	189	+	DEVELOPMENT FACILITIES FUND TO THE MARYLAND RACING OPERATIONS FUND 30
	190	+	UNDER § 10–1008 OF THIS TITLE. 31
	191	+
	192	+	SUBTITLE 10. MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY. 32
	193	+	SENATE BILL 720 5
	194	+
	195	+
	196	+	10–1001. 1
	197	+
	198	+	IN THIS SUBTITLE , “AUTHORITY” MEANS THE MARYLAND THOROUGHBRED 2
	199	+	RACETRACK OPERATING AUTHORITY. 3
	200	+
	201	+	10–1002. 4
	202	+
	203	+	(A) THERE IS A MARYLAND THOROUGHBRED RACETRACK OPERATING 5
	204	+	AUTHORITY. 6
	205	+
	206	+	(B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN 7
	207	+	INSTRUMENTALITY OF T HE STATE. 8
	208	+
	209	+	(C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 9
	210	+	IS THE PERFORMANCE OF AN ESSENTIAL GOVE RNMENTAL FUNCTION . 10
	211	+
	212	+	10–1003. 11
	213	+
	214	+	(A) THE PURPOSE OF THE AUTHORITY IS TO MAINT AIN THE STATE AS A 12
	215	+	BEST–IN–CLASS THOROUGHBRED H ORSE RACING VENUE . 13
	216	+
	217	+	(B) THE AUTHORITY MAY : 14
	218	+
	219	+	(1) STUDY AND MAKE ANY R ECOMMENDATIONS THAT THE 15
	220	+	AUTHORITY FINDS AR E IN THE BEST INTERE STS OF THOROUGHBRED RACING IN THE 16
	221	+	STATE; 17
	222	+
	223	+	(2) IN COORDINATION WITH OTHER STATE ENTITIES, DEVELOP NEW 18
	224	+	AND EXISTING HORSE R ACING AND TRAINING F ACILITIES IN THE STATE; 19
	225	+
	226	+	(3) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION AND IN 20
	227	+	ACCORDANCE WITH AN E XECUTIVE ORDER OR A DETERMINATION OF THE STATE 21
	228	+	RACING COMMISSION THAT A THO ROUGHBRED RACING LIC ENSEE UNDER TITLE 11, 22
	229	+	SUBTITLE 5 OF THE BUSINESS REGULATION ARTICLE, FOR ANY REASON OTHER 23
	230	+	THAN WEATHER , AN ACT OF GOD, OR OTHER CIRCUMSTANC ES BEYOND THE 24
	231	+	CONTROL OF THE LICEN SEE, IS UNABLE TO SUPPORT THE MINIMUM NUMBER O F 25
	232	+	LIVE RACING DAYS : 26
	233	+
	234	+	(I) MANAGE AND OVERSEE , IN COMPLIANCE WITH TITLE 11, 27
	235	+	SUBTITLE 5 OF THE BUSINESS REGULATION ARTICLE: 28
	236	+
	237	+	1. DAY–TO–DAY THOROUGHBRED HOR SE RACING 29
	238	+	OPERATIONS; 30
	239	+	6 SENATE BILL 720
	240	+
	241	+
	242	+	2. LIVE RACING DAYS ; AND 1
	243	+
	244	+	3. ASSETS IN THE STATE; AND 2
	245	+
	246	+	(II) IN COORDINATION WITH THE MARYLAND ECONOMIC 3
	247	+	DEVELOPMENT CORPORATION , ACQUIRE PROPERTY OR CONTRACTUAL INTEREST S 4
	248	+	CONSISTENT WITH § 11–521 OF THE BUSINESS REGULATION ARTICLE AND THE 5
	249	+	PROCEDURES SET FORTH IN §§ 8–334 THROUGH 8–339 OF THE TRANSPORTATION 6
	250	+	ARTICLE; 7
	251	+
	252	+	(4) ENTER INTO ANY AGREE MENTS, LEASES, PARTNERSHIPS , OR 8
	253	+	CONTRACTS NECESSARY TO: 9
	254	+
	255	+	(I) SUPPORT AND SUSTAIN MARYLAND THOROUGHBRE D 10
	256	+	RACING AND PARI –MUTUEL WAGERING ACTI VITY; AND 11
	257	+
	258	+	(II) ENSURE COMPLIANCE WI TH STATE RACING COMMISSION 12
	259	+	RULES AND REGULATION S; 13
	260	+
	261	+	(5) AUTHORIZE OR CREATE A SEPARATE BODY , ENTITY, OR HOLDING 14
	262	+	COMPANY TO CARRY OUT ANY PROVISIONS OF TH IS SUBTITLE; 15
	263	+
	264	+	(6) ADOPT REGULATIONS TO CARRY OUT THE PROVIS IONS OF THIS 16
	265	+	SUBTITLE; AND 17
	266	+
	267	+	(7) MAKE ANY OTHER RECOM MENDATIONS THE AUTHORITY DEEMS 18
	268	+	NECESSARY. 19
	269	+
	270	+	(C) BEFORE THE AUTHORITY MAY EXERCIS E THE POWERS AUTHORI ZED 20
	271	+	UNDER SUBSECTION (B)(3) OF THIS SECTION , THE LEGISLATIVE POLICY 21
	272	+	COMMITTEE SHALL REVIE W AND COMMENT ON THE EXECUTIVE ORDER OR 22
	273	+	DETERMINATION OF THE STATE RACING COMMISSION DESCRIBED UNDER 23
	274	+	SUBSECTION (B)(3) OF THIS SECTION. 24
	275	+
	276	+	10–1004. 25
	277	+
	278	+	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
	279	+	AUTHORITY CONSISTS OF : 27
	280	+
	281	+	(I) THE FOLLOWING MEMBER S APPOINTED BY THE GOVERNOR 28
	282	+	WITH THE ADVICE AND CONSENT OF THE SENATE: 29
	283	+
	284	+	1. ONE MEMBER FROM A LI ST OF TWO INDIVIDUAL S 30
	285	+	NOMINATED BY THE MARYLAND THOROUGHBRED HORSEMEN’S ASSOCIATION; 31 SENATE BILL 720 7
563	286
564	287
565	288
	289	+	2. ONE MEMBER FROM A LI ST OF TWO INDIVI DUALS 1
	290	+	NOMINATED BY THE MARYLAND HORSE BREEDERS ASSOCIATION; AND 2
	291	+
	292	+	3. THREE OTHER MEMBERS WHO POSSESS RELEVANT 3
	293	+	INDUSTRY, BUSINESS, OR GOVERNMENT EXPERI ENCE: 4
	294	+
	295	+	A. AT LEAST ONE OF WHOM SHALL HAVE EXPERIENC E IN 5
	296	+	REAL ESTATE DEVELOPM ENT OR THE FINANCIAL SERVICES INDUSTRIES ; AND 6
	297	+
	298	+	B. ONE OF WHOM SHALL SE RVE AS CHAIR; 7
	299	+
	300	+	(II) THE CHAIR OR EXECUTIVE DIRECTOR OF THE MARYLAND 8
	301	+	STADIUM AUTHORITY, OR THE DESIGNEE OF T HE CHAIR OR EXECUTIVE DIRECTOR; 9
	302	+
	303	+	(III) THE CHAIR OR EXECUTIVE DIRECTOR OF THE MARYLAND 10
	304	+	ECONOMIC DEVELOPMENT CORPORATION , OR THE DESIGNEE OF T HE 11
	305	+	CORPORATION ’S BOARD OF DIRECTORS; 12
	306	+
	307	+	(IV) ONE MEMBER WHO IS NO T AN ELECTED OFFICIA L, 13
	308	+	APPOINTED BY THE PRESIDENT OF THE SENATE; 14
	309	+
	310	+	(V) ONE MEMBER WHO IS NO T AN ELECTED OFFICIA L, 15
	311	+	APPOINTED BY THE SPEAKER OF THE HOUSE; 16
	312	+
	313	+	(VI) THE FOLLOWING NONVOT ING, EX OFFICIO MEMBERS , 17
	314	+	APPOINTED BY THE GOVERNOR: 18
	315	+
	316	+	1. ONE MEMBER OF THE CO MMUNITY WHO RESIDES 19
	317	+	NEAR LAUREL PARK RACE COURSE; 20
	318	+
	319	+	2. ONE MEMBER OF THE CO MMUNITY WHO RESIDES 21
	320	+	NEAR PIMLICO RACE COURSE; AND 22
	321	+
	322	+	3. ONE MEMBER OF THE CO MMUNITY WHO RESIDES 23
	323	+	NEAR THE BOWIE RACE COURSE TRAINING CENTER PROPERTY ; AND 24
	324	+
	325	+	(VII) ONE NONVOTING , EX OFFICIO MEMBER OF THE STATE 25
	326	+	RACING COMMISSION, DESIGNATED BY A MAJO RITY OF THE MEMBERS OF THE 26
	327	+	STATE RACING COMMISSION. 27
	328	+
	329	+	(2) A MAJORITY OF THE MEMB ERS OF THE AUTHORITY MAY NOT 28
	330	+	HAVE A DIRECT INTERE ST IN THOROUGHBRED H ORSE RACING AS AN OW NER, 29
	331	+	TRAINER, OR LICENSEE. 30 8 SENATE BILL 720
566	332
567	333
568	334
	335	+	(B) (1) THE TERM OF A MEMBER IS 4 YEARS. 1
	336	+
	337	+	(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 2
	338	+	A SUCCESSOR IS APPOINTED AND QUA LIFIES. 3
	339	+
	340	+	(3) THE TERMS OF THE INIT IAL FIVE MEMBERS APP OINTED BY THE 4
	341	+	GOVERNOR SHALL BE STA GGERED. 5
	342	+
	343	+	(C) (1) FIVE MEMBERS OF THE AUTHORITY ARE A QUORU M. 6
	344	+
	345	+	(2) ACTION BY THE AUTHORITY REQUIRES TH E AFFIRMATIVE VOTE 7
	346	+	OF AT LEAST FIVE MEM BERS OF THE AUTHORITY. 8
	347	+
	348	+	(D) A MEMBER OF THE AUTHORITY: 9
	349	+
	350	+	(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 10
	351	+	AUTHORITY; AND 11
	352	+
	353	+	(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 12
	354	+	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 13
	355	+
	356	+	10–1005. 14
	357	+
	358	+	(A) THE AUTHORITY MAY HIRE AN EXECUTIVE DIRECTOR WHO SERVES A S 15
	359	+	THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY. 16
	360	+
	361	+	(B) THE EXECUTIVE DIRECTOR SHALL : 17
	362	+
	363	+	(1) DIRECT AND SUPERVISE THE ADMINISTRATIVE A CTIVITIES OF 18
	364	+	THE AUTHORITY, IN ACCORDANCE WITH I TS REGULATIONS AND POLI CIES; 19
	365	+
	366	+	(2) ATTEND ALL MEETINGS OF THE AUTHORITY; 20
	367	+
	368	+	(3) KEEP MINUTES OF ALL PROCEEDINGS OF THE AUTHORITY; 21
	369	+
	370	+	(4) APPROVE ALL ACCOUNTS FOR SALARIES, PER DIEM PAYMENTS , 22
	371	+	AND ALL ALLOWABLE EX PENSES OF THE AUTHORITY, ITS EMPLOYEES , AND ITS 23
	372	+	CONSULTANTS ; 24
	373	+
	374	+	(5) APPROVE ALL EXPENSES INCIDENTAL TO THE OP ERATION OF THE 25
	375	+	AUTHORITY; 26
	376	+
	377	+	(6) REPORT AND MAKE RECO MMENDATIONS TO THE AUTHORITY ON 27
	378	+	THE MERITS AND STATU S OF ANY PROPOSED FA CILITY; AND 28 SENATE BILL 720 9
569	379
570	380
571	381
	382	+	(7) PERFORM THE OTHER DU TIES THAT THE AUTHORITY REQUIR ES 1
	383	+	TO CARRY OUT THIS SU BTITLE. 2
	384	+
	385	+	(C) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF T HE 3
	386	+	AUTHORITY. 4
	387	+
	388	+	(D) (1) THE AUTHORITY MAY EMPLOY OR RETAIN STAFF AS D EEMED 5
	389	+	NECESSARY OR ADVISAB LE, INCLUDING CONSULTANT S, ENGINEERS, ARCHITECTS, 6
	390	+	ACCOUNTANTS , FINANCIAL EXPERTS, CONSTRUCTION EXPERTS AND PERSONNEL , 7
	391	+	SUPERINTENDENTS , MANAGERS, AND OTHER PROFESSION AL PERSONNEL . 8
	392	+
	393	+	(2) SUBJECT TO THE APPROV AL OF THE AUTHORITY AND PURSUAN T 9
	394	+	TO ITS APPROVED BUDG ET, THE EXECUTIVE DIRECTOR SHALL DETERM INE THE 10
	395	+	COMPENSATION OF AL L STAFF THAT THE AUTHORITY EMPLOYS OR RETAINS. 11
	396	+
	397	+	(E) (1) THE ATTORNEY GENERAL IS THE LEGAL ADVISOR TO THE 12
	398	+	AUTHORITY. 13
	399	+
	400	+	(2) WITH THE APPROVAL OF THE ATTORNEY GENERAL, THE 14
	401	+	AUTHORITY MAY RETAIN ANY ADDITIONAL LEGAL COUNSEL AS NECESSARY . 15
	402	+
	403	+	(F) (1) WITH RESPECT TO ANY AGREE MENTS ENTERED INTO B Y THE 16
	404	+	AUTHORITY UNDER THIS SUBTITLE AND EXCEPT AS PROVIDED UNDER PA RAGRAPH 17
	405	+	(2) OF THIS SUBSECTION , THE AUTHORITY IS EXEMPT F ROM DIVISION II OF THE 18
	406	+	STATE FINANCE AND PROCUREMENT ARTICLE. 19
	407	+
	408	+	(2) THE AUTHORITY IS SUBJEC T TO TITLE 12, SUBTITLE 4 AND TITLE 20
	409	+	14, SUBTITLE 3 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
	410	+
	411	+	10–1006. 22
	412	+
	413	+	THE AUTHORITY MAY : 23
	414	+
	415	+	(1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSIN ESS; 24
	416	+
	417	+	(2) ADOPT A SEAL; 25
	418	+
	419	+	(3) MAINTAIN OFFICES AT A PLACE IT DESIGNATE S IN THE STATE; 26
	420	+
	421	+	(4) ACCEPT LOANS , GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 27
	422	+	FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 28
	423	+	UNIVERSITY, OR A PRIVATE SOURCE ; 29
	424	+	10 SENATE BILL 720
	425	+
	426	+
	427	+	(5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 1
	428	+
	429	+	(6) RETAIN, EMPLOY, OR HIRE AN INDEPENDENT FIRM FOR THE 2
	430	+	PURPOSE OF OPERATING AND MANAGING LIVE HO RSE RACING IN THE STATE; 3
	431	+
	432	+	(7) SUE OR BE SUED; 4
	433	+
	434	+	(8) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 5
	435	+
	436	+	(I) A FRANCHISE, PATENT, OR LICENSE; 6
	437	+
	438	+	(II) STOCK OR OTHER FORMS OF OWNERSHIP INTERESTS IN 7
	439	+	CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS , OR OTHER 8
	440	+	ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 9
	441	+
	442	+	(III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 10
	443	+	PROPERTY; OR 11
	444	+
	445	+	(IV) AN INTEREST IN A PRO PERTY LISTED UNDER THIS IT EM; 12
	446	+
	447	+	(9) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 13
	448	+	DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 14
	449	+
	450	+	(10) FIX AND COLLECT RATE S, RENTALS, FEES, ROYALTIES, AND 15
	451	+	CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAILABLE ; 16
	452	+
	453	+	(11) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 17
	454	+	LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 18
	455	+	OPERATED FOR PROFIT OR NOT FOR PROFIT ; 19
	456	+
	457	+	(12) EXERCISE POWER USUAL LY POSSESSED BY A PR IVATE 20
	458	+	CORPORATION IN PER FORMING SIMILAR FUNC TIONS UNLESS TO DO S O WOULD 21
	459	+	CONFLICT WITH STATE LAW; 22
	460	+
	461	+	(13) ASSIST WITH THE ADVE RTISING AND PROMOTIO N OF HORSE 23
	462	+	RACING INTERESTS ; AND 24
	463	+
	464	+	(14) DO ALL THINGS NECESS ARY OR CONVENIENT TO CARRY OUT THE 25
	465	+	POWERS GRANTED BY TH IS SUBTITLE. 26
	466	+
	467	+	10–1007. 27
	468	+
	469	+	THE AUTHORITY IS EXEMPT F ROM STATE AND LOCAL TAXES . 28
	470	+
	471	+	10–1008. 29 SENATE BILL 720 11
572	472
573	473
574	474
	475	+	(A) IN THIS SECTION , “FUND” MEANS THE MARYLAND RACING 1
	476	+	OPERATIONS FUND. 2
	477	+
	478	+	(B) THERE IS A MARYLAND RACING OPERATIONS FUND. 3
	479	+
	480	+	(C) THE PURPOSE OF THE FUND IS TO ASSIST THE AUTHORITY IN 4
	481	+	FINANCING THE ACQUIS ITION, CONSTRUCTION , REHABILITATION , OR OTHER 5
	482	+	CAPITAL EXPENSES OR OPERATING EXPENSES F OR THOROUGHBRED RACE TRACKS 6
	483	+	IN THE STATE. 7
	484	+
	485	+	(D) THE AUTHORITY SHALL ADMIN ISTER THE FUND. 8
	486	+
	487	+	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 9
	488	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 10
	489	+
	490	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 11
	491	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 12
	492	+
	493	+	(F) THE FUND CONSISTS OF : 13
	494	+
	495	+	(1) MONEY DISTRIBUTED TO THE FUND FROM THE RACING AND 14
	496	+	COMMUNITY DEVELOPMENT FINANCING FUND ESTABLISHED UNDE R § 10–657.3 OF 15
	497	+	THIS TITLE; 16
	498	+
	499	+	(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 17
	500	+
	501	+	(3) INTEREST EARNINGS OF THE FUND; AND 18
	502	+
	503	+	(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 19
	504	+	THE BENEFIT OF THE FUND. 20
	505	+
	506	+	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
	507	+	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
	508	+
	509	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
	510	+	THE FUND. 24
	511	+
	512	+	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
	513	+	WITH THE STATE BUDGET . 26
	514	+
	515	+	Article – State Finance and Procurement 27
	516	+
	517	+	6–226. 28
	518	+	12 SENATE BILL 720
575	519
576	520
	521	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 1
	522	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
	523	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 3
	524	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
	525	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
	526	+	Fund of the State. 6
	527	+
	528	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
	529	+	to the following funds: 8
	530	+
	531	+	170. the Cannabis Public Health Fund; [and] 9
	532	+
	533	+	171. the Community Reinvestment and Repair Fund; AND 10
	534	+
	535	+	172. THE MARYLAND RACING OPERATIONS FUND. 11
	536	+
	537	+	11–203. 12
	538	+
	539	+	(J) EXCEPT AS PROVIDED IN TITLE 12, SUBTITLE 4 AND TITLE 14, 13
	540	+	SUBTITLE 3 OF THIS ARTICLE , THIS DIVISION II DOES NOT APPLY TO TH E 14
	541	+	MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY. 15
	542	+
	543	+	SECTION 3. AND BE IT FURTHER ENACTED, Th at the Laws of Maryland read 16
	544	+	as follows: 17
	545	+
	546	+	Chapter 590 of the Acts of 2020 18
	547	+
	548	+	SECTION 8. AND BE IT FURTHER ENACTED, That, in addition to the funds 19
	549	+	otherwise available for racing and community development project costs under this Act and 20
	550	+	notwithstanding the limitations under § 10–657.3 of the Economic Development Article, as 21
	551	+	enacted by Section 1 of this Act, [at least $1,000,000 but not exceeding] $1,500,000 of the 22
	552	+	funds transferred to the Racing and Community Development Facilities Fund established 23
	553	+	under § 10–657.3 of the Economic Development Article in accordance with § 9–1A–29(d)(2) 24
	554	+	of the State Government Article, as enacted by Section 1 of this Act, shall be transferred to 25
	555	+	the City of Bowie, PROVIDED THAT A JOIN T USE AGREEMENT HAS BEEN EXECUTED 26
	556	+	BETWEEN THE CITY OF BOWIE AND BOWIE STATE UNIVERSITY IN ACCORDA NCE 27
	557	+	WITH § 11–519 OF THE BUSINESS REGULATION ARTICLE, AS ENACTED BY SECTION 28
	558	+	1 OF THIS ACT, AND SHALL BE DISTRIB UTED AS FOLLOWS : 29
	559	+
	560	+	(1) NOT MORE THAN $100,000 FOR ENGINEERING DESI GN AND 30
	561	+	ENVIRONMENTAL ANALYS IS PRIOR TO THE ACQU ISITION OF THE BOWIE RACE 31
	562	+	COURSE TRAINING CENTER PROPER TY; AND 32
	563	+
	564	+	(2) THE REMAINDER for remediation costs of the Bowie Race Course 33
	565	+	Training Center property[, provided that a joint use agreement has been executed between 34 SENATE BILL 720 13
577	566
578	567
	568	+	the City of Bowie and Bowie State University in accordance with § 11–519 of the Business 1
	569	+	Regulation Article, as enacted by Section 1 of this Act]. 2
579	570
	571	+	Chapter 344 of the Acts of 2022 3
580	572
581		-	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before December 1,
582		-	2023, the Maryland Thoroughbred Racetrack Operating Authority established under §
583		-	10–1002 of the Economic Development Article, as enacted by Section 2 of this Act, shall
584		-	report to the Senate Budget and Taxation Committee, the House Appropriations
585		-	Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of
586		-	the State Government Article, on:
	573	+	Section 1(3) 4
587	574
588		-	(1) the feasibility of establishing at least two alternative thoroughbred
589		-	training facilities in the State;
	575	+	5
590	576
591		-	(2) a review of best practices for thoroughbred racing industry operating
592		-	models and recommendations for operating models in the State; and
	577	+	6
	578	+	7
	579	+	8
	580	+	9
	581	+	10
	582	+	11
593	583
594		-	~~(3) the progress of the Pimlico and Laurel Park racing facility~~
595		-	~~redevelopment plans under Chapter 590 of the Acts of the General Assembly of 2020.~~
	584	+	12
	585	+	13
596	586
597		-	SECTION 2. 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
598		-	take effect October 1, 2023.
	587	+	14
	588	+	15
	589	+	16
	590	+	17
	591	+	18
	592	+	19
	593	+	20
	594	+	21
599	595
600		-	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section
601		-	5 of this Act, this Act shall take effect June 1, 2023. Section 2 of this Act shall remain
602		-	effective for a period of 4 years and 1 month and, at the end of June 30, 2027, Section 2 of
603		-	this Act, with no further action required by the General Assembly, shall be abrogated and
604		-	of no further force and effect.
	596	+	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before December 1, 22
	597	+	2023, the Maryland Thoroughbred Racetrack Operating Authority established under § 23
	598	+	10–1002 of the Economic Development Article, as enacted by Section 2 of this Act, shall 24
	599	+	report to the Senate Budget and Taxation Committee, the House Appropriations 25
	600	+	Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of 26
	601	+	the State Government Article, on: 27
605	602
	603	+	(1) the feasibility of establishing at least two alternative thoroughbred 28
	604	+	training facilities in the State; 29
	605	+
	606	+	(2) a review of best practices for thoroughbred racing industry operating 30
	607	+	models and recommendations for operating models in the State; and 31
	608	+
	609	+	(3) the progress of the Pimlico and Laurel Park racing facility 32
	610	+	redevelopment plans under Chapter 590 of the Acts of the General Assembly of 2020. 33
	611	+
	612	+	SECTION 2. 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 34
	613	+	take effect October 1, 2023. 35
606	614		DA03 MARYLAND STADIUM AUTHORITY
607	615		(B) [Pimlico Race Course Demolition. Provide funds for the
608	616		demolition of existing structures at the Pimlico Race Course
609	617		(Baltimore City)] MARYLAND RACING OPERATIONS FUND.
610	618		PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION ,
611	619		REHABILITATION , OR OTHER CAPITAL EXP ENDITURES
612	620		FOR THOROUGHBRED RAC ETRACKS (STATEWIDE) .............
613	621
614	622
615	623
616	624
617	625
618	626		5,000,000
619	627		SA25 DIVISION OF DEVELOPMENT FINANCE
620	628		(Statewide)
621	629		(B) [Laurel Park – Backstretch Housing. Provide funds for the
622	630		acquisition, planning, design, construction, repair, renovation,
623	631		reconstruction, site improvement, and capital equipping of
624	632		backstretch housing facilities at Laurel Park (Anne Arundel
625	633		County)] MARYLAND RACING OPERATIONS FUND.
626	634		PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION ,
627	635		REHABILITATION , OR OTHER CAPITAL EXP ENDITURES
628	636		FOR THOROUGHBRED RAC ETRACKS …………………………...
629	637
630	638
631	639
632	640
633	641
634	642
635	643
636		-	10,000,000 ~~Ch. 111~~ ~~2023 LAWS OF MARYLAND~~
	644	+	10,000,000 14 SENATE BILL 720
637	645
638		-	– 14 –
639		-	Approved by the Governor, April 24, 2023.
	646	+
	647	+
	648	+	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
	649	+	5 of this Act, this Act shall take effect June 1, 2023. Section 2 of this Act shall remain 2
	650	+	effective for a period of 4 years and 1 month and, at the end of June 30, 2027, Section 2 of 3
	651	+	this Act, with no further action required by the General Assembly, shall be abrogated and 4
	652	+	of no further force and effect. 5
	653	+
	654	+
	655	+
	656	+
	657	+	Approved:
	658	+	________________________________________________________________________________
	659	+	Governor.
	660	+	________________________________________________________________________________
	661	+	President of the Senate.
	662	+	________________________________________________________________________________
	663	+	Speaker of the House of Delegates.