EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. *hb1524* HOUSE BILL 1524 C6, C7, Q7 4lr3037 CF 4lr4617 By: Chair, Ways and Means Committee (By Request – Maryland Thoroughbred Racetrack Operating Authority) Rules suspended Introduced and read first time: March 3, 2024 Assigned to: Rules and Executive Nominations A BILL ENTITLED AN ACT concerning 1 Horse Racing – Racing Facility Ownership and Construction – Racing 2 Operations 3 FOR the purpose of altering the location, type, and ownership of horse racing facilities that 4 the Maryland Stadium Authority is authorized to finance; authorizing the Maryland 5 Stadium Authority, subject to certain requirements, to finance the planning, design, 6 and construction of certain racing facilities on behalf of the Maryland Thoroughbred 7 Racetrack Operating Authority; authorizing the State Racing Commission to issue a 8 license to hold a race meeting and award racing days to a certain nonprofit 9 organization; altering the date by which the owner of the Bowie Race Course 10 Training Center must convey the Center to the City of Bowie; authorizing the 11 Preakness Stakes to be transferred to another track in the State during the 12 reconstruction of Pimlico Race Course; increasing the amount of debt that the 13 Maryland Stadium Authority may issue for certain purposes in connection with 14 certain racing facilities; altering the requirements of certain agreements required 15 before the issuance of certain bonds; altering the amount of money from the State 16 Lottery Fund that the Comptroller is required to deposit into the Racing and 17 Community Development Financing Fund; altering certain requirements that must 18 be satisfied before the Maryland Thoroughbred Racetrack Operating Authority is 19 authorized to manage and oversee certain racing activities; altering the distribution 20 and authorized uses of the Racetrack Facility Renewal Account; exempting a certain 21 horse racing licensee from the requirement to pay an application fee for a certain 22 sports wagering facility license; requiring the Comptroller to distribute the sales and 23 use tax revenue attributable to the purchase of certain racehorses to a certain fund; 24 altering certain income tax subtraction modifications, sales and use tax exemptions, 25 property tax exemptions, transfer tax exemptions, and recordation tax exemptions 26 related to horse racing; extending the termination date of certain provisions of law 27 related to the Maryland Thoroughbred Racetrack Operating Authority; and 28 generally relating to horse racing in the State. 29 2 HOUSE BILL 1524 BY repealing 1 Article – Economic Development 2 Section 10–601(cc) and (dd) 3 Annotated Code of Maryland 4 (2018 Replacement Volume and 2023 Supplement) 5 BY renumbering 6 Article – Economic Development 7 Section 10–601(ee) through (iii) 8 to be Section 10–601(cc) through (ggg), respectively 9 Annotated Code of Maryland 10 (2018 Replacement Volume and 2023 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Business Regulation 13 Section 11–510(b), 11–519(d)(1)(i), and 11–520(b) 14 Annotated Code of Maryland 15 (2015 Replacement Volume and 2023 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – Economic Development 18 Section 10–601(a), (b), and (d) 19 Annotated Code of Maryland 20 (2018 Replacement Volume and 2023 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Economic Development 23 Section 10–601(s), 10–628(c)(1)(vii), 10–646.1, and 10–1003 24 Annotated Code of Maryland 25 (2018 Replacement Volume and 2023 Supplement) 26 BY repealing and reenacting, without amendments, 27 Article – Economic Development 28 Section 10–601(cc), (kk), (ll), (tt), (uu), and (ww) 29 Annotated Code of Maryland 30 (2018 Replacement Volume and 2023 Supplement) 31 (As enacted by Section 2 of this Act) 32 BY repealing and reenacting, with amendments, 33 Article – Economic Development 34 Section 10–601(oo), (vv), and (xx) 35 Annotated Code of Maryland 36 (2018 Replacement Volume and 2023 Supplement) 37 (As enacted by Section 2 of this Act) 38 BY adding to 39 HOUSE BILL 1524 3 Article – Economic Development 1 Section 10–601(hhh) 2 Annotated Code of Maryland 3 (2018 Replacement Volume and 2023 Supplement) 4 BY repealing and reenacting, with amendments, 5 Article – State Government 6 Section 9–120(b)(1)(iv), 9–1A–29(d) and (h), and 9–1E–06(b) and (d) 7 Annotated Code of Maryland 8 (2021 Replacement Volume and 2023 Supplement) 9 BY repealing and reenacting, without amendments, 10 Article – State Government 11 Section 9–1A–29(a) 12 Annotated Code of Maryland 13 (2021 Replacement Volume and 2023 Supplement) 14 BY adding to 15 Article – Tax – General 16 Section 2–1302.3 17 Annotated Code of Maryland 18 (2022 Replacement Volume and 2023 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – Tax – General 21 Section 2–1303, 10–207(ii), 10–307(g), and 11–236 22 Annotated Code of Maryland 23 (2022 Replacement Volume and 2023 Supplement) 24 BY repealing and reenacting, without amendments, 25 Article – Tax – General 26 Section 10–207(a) and 10–307(a) 27 Annotated Code of Maryland 28 (2022 Replacement Volume and 2023 Supplement) 29 BY repealing and reenacting, with amendments, 30 Article – Tax – Property 31 Section 7–246, 12–108(hh), 13–207(a)(26), and 13–410 32 Annotated Code of Maryland 33 (2019 Replacement Volume and 2023 Supplement) 34 BY repealing and reenacting, with amendments, 35 Chapter 590 of the Acts of the General Assembly of 2020 36 Section 9 37 BY repealing and reenacting, with amendments, 38 Chapter 111 of the Acts of the General Assembly of 2023 39 4 HOUSE BILL 1524 Section 6 1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 That Section(s) 10–601(cc) and (dd) of Article – Economic Development of the Annotated 3 Code of Maryland be repealed. 4 SECTION 2. AND BE IT FURTHER ENACTED , That Section(s) 10–601(ee) through 5 (iii) of Article – Economic Development of the Annotated Code of Maryland be renumbered 6 to be Section(s) 10–601(cc) through (ggg), respectively. 7 SECTION 3. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 8 as follows: 9 Article – Business Regulation 10 11–510. 11 (b) The Commission may issue a license and award racing days only to: 12 (1) the Maryland Jockey Club of Baltimore City, Inc.; 13 (2) the Laurel Racing Assoc., Inc.; and 14 (3) subject to § 10–1003(b) of the Economic Development Article[,]: 15 (I) the Maryland Thoroughbred Racetrack Operating Authority; OR 16 (II) A NONPROFIT ORGANIZA TION THAT LEASES A R ACING 17 FACILITY OWNED BY TH E MARYLAND THOROUGHBRED RACETRACK OPERATING 18 AUTHORITY. 19 11–519. 20 (d) (1) (i) On or before December 31, [2024] 2025, the owner of the Bowie 21 Race Course Training Center shall convey the Bowie Race Course Training Center property 22 to the City of Bowie “as is”, with all defects that may exist, whether known or unknown, 23 and without any express or implied warranty, guarantee by, or recourse against the 24 conveyor of the property. 25 11–520. 26 (b) The Preakness Stakes may be transferred to another track in the State only: 27 (1) as a result of a disaster or emergency; OR 28 (2) DURING THE RECONSTRUCTION O F PIMLICO RACE COURSE, 29 HOUSE BILL 1524 5 SUBJECT TO THE APPRO VAL OF THE MARYLAND THOROUGHBRED RACETRACK 1 OPERATING AUTHORITY. 2 Article – Economic Development 3 10–601. 4 (a) In this subtitle the following words have the meanings indicated. 5 (b) “Authority” means the Maryland Stadium Authority. 6 (d) “Baltimore City” means, as the context requires: 7 (1) the geographic area of the City of Baltimore; or 8 (2) the Mayor and City Council of Baltimore. 9 (s) “Facility” means: 10 (1) a structure or other improvement developed at Camden Yards; 11 (2) a convention facility; 12 (3) the Hippodrome Performing Arts facility; 13 (4) a sports facility; 14 (5) a Baltimore City public school facility; 15 (6) a racing facility; 16 (7) A TRAINING FACILITY FOR THOROUGHBRED HORSES; 17 [(7)] (8) a public school facility; 18 [(8)] (9) the Hagerstown Multi–Use Sports and Events Facility; 19 [(9)] (10) a sports entertainment facility; or 20 [(10)] (11) a Prince George’s County Blue Line Corridor facility. 21 (cc) (1) “MJC Entities” means the Maryland Jockey Club of Baltimore City, 22 Inc., Laurel Racing Association Limited Partnership, Laurel Racing Association, Inc., and 23 TSG Developments Investments, Inc. 24 (2) “MJC Entities” includes an affiliate, an assignee, a designee, a 25 6 HOUSE BILL 1524 successor, or a transferee of an MJC Entity. 1 (kk) (1) “Pimlico racing facility site” means the portion of the Pimlico site 2 containing the racing facilities. 3 (2) “Pimlico racing facility site” includes the portion of the site designated 4 to contain: 5 (i) the clubhouse and events center; 6 (ii) the dirt, turf, or synthetic racetracks; 7 (iii) the infield and immediately adjacent area surrounding the 8 perimeter of the racetracks that is contained on the site; 9 (iv) the stables, barns, and training facilities; 10 (v) the trackside aprons; and 11 (vi) associated roadways, walkways, parking areas, green space, 12 fencing, and related structures and areas as designated in the plans approved by the 13 Authority. 14 (ll) “Pimlico site” means the site in Baltimore City generally bounded by Northern 15 Parkway, Park Heights Avenue, Belvedere Avenue, and Pimlico Road. 16 (oo) “Project entities” means each entity or entities or a joint venture entity or 17 entities, that exists or is formed by any combination of MJC Entities, an entity owned by 18 the City of Baltimore (the Baltimore City Entity), or [an entity owned by Anne Arundel 19 County (the Anne Arundel County Entity) ] THE MARYLAND THOROUGHBRED 20 RACETRACK OPERATING AUTHORITY for: 21 (1) the MJC Entities’ conveyance of the Pimlico site [and the Laurel Park 22 racing facility site]; 23 (2) the operation of the Pimlico racing facility site and [the Laurel Park 24 racing] TRAINING facility site; and 25 (3) the construction, development, ownership, management, and operation 26 of the racing and community development projects. 27 (tt) “Racing and Community Development Facilities Fund” means the Fund 28 established under § 10–657.3 of this subtitle. 29 (uu) “Racing and Community Development Financing Fund” means the Fund 30 established under § 10–657.2 of this subtitle. 31 HOUSE BILL 1524 7 (vv) (1) “Racing and community development projects” means improvements to 1 the Pimlico racing facility site, Pimlico site, [Laurel Park racing facility site, and Laurel 2 Park site] AND TRAINING FACILITY SITE. 3 (2) “Racing and community development projects” includes: 4 (i) predesign and design work; 5 (ii) architectural and engineering services; 6 (iii) project consulting services; 7 (iv) demolition, clean–up, site work, and grading and site drainage; 8 (v) landscaping; 9 (vi) signage; 10 (vii) parking, roadways, fencing, walkways, sidewalks, and green 11 space; 12 (viii) security systems; 13 (ix) lighting, sound, video, and communication systems; 14 (x) pari–mutuel and tote systems; 15 (xi) plumbing, electric, fiber, cable, utilities, and other 16 infrastructure; 17 (xii) water, sewer, and storm water management systems; 18 (xiii) construction and equipping of barns, clubhouses, dormitories or 19 other housing, an equine diagnostic and health facility, a Pimlico thoroughbred racing 20 museum, stables, tracks, training facilities, and other racing and community facilities; 21 (xiv) design and project contingencies, project allowances, and cost 22 escalators and other specifications for the projects; and 23 (xv) temporary or permanent improvements and facilities, including 24 at on– or off–site locations, used to maintain year–round racing and training. 25 (ww) (1) “Racing and community development project costs” means costs and 26 expenses associated with or that relate to the racing and community development projects. 27 (2) “Racing and community development project costs” includes transition 28 8 HOUSE BILL 1524 costs and reimbursements and the recycling of project cost savings for the benefit of the 1 racing and community development projects. 2 (xx) “Racing facility” means the Pimlico site and the [Laurel Park racing facility 3 site] TRAINING FACILITY SITE and any facilities or other improvements on the Pimlico 4 site or the [Laurel Park racing facility site] TRAINING FACILITY SITE. 5 (HHH) “TRAINING FACILITY SIT E” MEANS A TRAINING FACILITY FO R 6 THOROUGHBRED RACEHOR SES SELECTED BY THE MARYLAND THOROUGHBRED 7 RACETRACK OPERATING AUTHORITY. 8 10–628. 9 (c) (1) Unless authorized by the General Assembly, the Board of Public Works 10 may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 11 that constitute tax supported debt or nontax supported debt if, after issuance, there would 12 be outstanding and unpaid more than the following face amounts of the bonds for the 13 purpose of financing acquisition, construction, renovation, and related expenses for 14 construction management, professional fees, and contingencies in connection with: 15 (vii) racing facilities – [$375,000,000] $400,000,000; 16 10–646.1. 17 (a) Except as allowed by § 10–639 of this subtitle, to finance the planning, design, 18 and construction of any segment of a racing facility ON BEHALF OF THE MARYLAND 19 THOROUGHBRED RACETRACK OPERATING AUTHORITY, the Authority shall comply 20 with this section. 21 (b) At least 45 days before seeking approval of the Board of Public Works for each 22 bond issue or other borrowing, the Authority shall provide, in accordance with § 2–1257 of 23 the State Government Article, to the fiscal committees of the General Assembly[: 24 (1)] a comprehensive financing plan for the relevant racing facility that 25 includes: 26 [(i)] (1) the aggregate amount of funds needed for the racing 27 facility to be financed with the proposed bonds; 28 [(ii)] (2) a description of the racing facility to be constructed or 29 renovated; 30 [(iii)] (3) the anticipated total debt service for the proposed bond 31 issue; 32 [(iv)] (4) the anticipated total debt service when combined with the 33 HOUSE BILL 1524 9 debt service for all prior outstanding bond issues for racing facilities; [and] 1 [(v)] (5) anticipated project costs, AS DETERMINED BY THE 2 MARYLAND THOROUGHBRED RACETRACK OPERATING AUTHORITY, of at least 3 [$180,000,000] $250,000,000 for the Pimlico racing facility [or $155,000,000 for the 4 Laurel Park racing facility] AND $110,000,000 FOR THE TRAINING FACILITY SITE; and 5 (6) A JOINT PLAN BETWEEN THE MARYLAND THOROUGHBRED 6 RACETRACK OPERATING AUTHORITY AND THE DEPARTMENT OF HOUSING AND 7 COMMUNITY DEVELOPMENT THAT INCLUDES INVESTMENT IN WORKFO RCE 8 HOUSING IN AND AROUN D THE PIMLICO RACING FACILI TY SITE. 9 [(2) for any planned expenditures at the Laurel Park racing facility site, a 10 plan for the improvements necessary to ensure that the condition of any part of the site 11 where individuals reside is satisfactory for human habitation and meets the minimum 12 housing and sanitation standards in Anne Arundel County.] 13 (c) (1) A bond issued to finance planning, design, and construction or 14 renovations of or improvements to a racing facility: 15 (i) is a limited obligation of the Authority payable solely from money 16 pledged by the Authority to the payment of the principal of and the premium and interest 17 on the bond or money made available to the Authority for that purpose; 18 (ii) is not a debt, liability, or a pledge of the faith and credit or the 19 taxing power of the State, the Authority, or any other governmental unit; and 20 (iii) may not give rise to any pecuniary liability of the State, the 21 Authority, or any other governmental unit. 22 (2) The issuance of a bond to finance the planning, design, and construction 23 or renovations of or improvements to a racing facility is not directly, indirectly, or 24 contingently a moral or other obligation of the State, the Authority, or any other 25 governmental unit to levy or pledge any tax or make any appropriation to pay the bond. 26 (3) Each bond shall state on its face the provisions of paragraphs (1) and 27 (2) of this subsection. 28 (d) (1) In this subsection, “long–term agreement” includes a lease, operating, 29 joint venture, or management agreement with a minimum term that coincides with or 30 exceeds the initial term of the bonds issued for a racing facility. 31 (2) Before issuing any bonds for any segment of a racing facility, the 32 Authority shall ensure that the following agreements have been executed: 33 (i) subject to paragraph (3) of this subsection, a long–term 34 10 HOUSE BILL 1524 agreement regarding management and operations at the Pimlico racing facility site; AND 1 (ii) [subject to paragraph (4) of this subsection, a long–term 2 agreement regarding management and operations at the Laurel Park racing facility site; 3 and 4 (iii)] agreements between the Authority and project entities for the 5 planning, design, and construction of a racing facility. 6 (3) (i) Subject to subparagraph (ii) of this paragraph, the long–term 7 agreement required under paragraph (2)(i) of this subsection shall: 8 1. ensure the continuity of the Preakness Stakes at the 9 Pimlico racing facility site; 10 2. [ensure the MJC Entities’ sole, exclusive, and 11 unconditional rights to: 12 A. manage and operate the Pimlico racing facility site subject 13 to the exclusions and conditions in the long–term agreement; 14 B. conduct at the Pimlico racing facility site thoroughbred 15 training and racing, satellite simulcast wagering, advanced deposit wagering, and any 16 other lawful activities; 17 C. designate annually exclusive use periods for the conduct 18 of live thoroughbred training and racing; 19 D. maintain the track surfaces; 20 E. operate satellite simulcast wagering, advanced deposit 21 wagering, and any other lawful activities; and 22 F. an option to reacquire the Pimlico racing facility site at the 23 termination or expiration of the long–term agreement on mutually agreeable terms and 24 conditions, subject to the approval of the Board of Public Works; 25 3.] require the conveyance or conveyances in fee simple of the 26 Pimlico site, in whole or in part, to THE MARYLAND THOROUGHBRED RACETRACK 27 OPERATING AUTHORITY, Baltimore City, the Baltimore Development Corporation or its 28 successor or assigns, or any designated project entity, at the time and on the conditions 29 established in the long–term agreement and subject to the Authority securing all the 30 necessary development approvals and funding for the racing and community development 31 project costs; AND 32 [4. establish the MJC Entities’ rights to: 33 HOUSE BILL 1524 11 A. designate annually exclusive use periods for the conduct 1 of live thoroughbred training and racing; 2 B. maintain the track surfaces; and 3 C. operate satellite simulcast wagering, advanced deposit 4 wagering, and any other lawful activities; 5 5. preserve the MJC Entities’ tangible, intangible, 6 management, performance, distribution, intellectual property, advertising, concession, 7 merchandising, sponsorship, media, streaming, naming, licensing, and commercial 8 development rights, and any other rights identified by the MJC Entities; 9 6. subject to the operating agreements of the project entities, 10 preserve the MJC Entities’ right to retain or designate revenues and profits associated with 11 the MJC Entities’ rights and lawful activities; and 12 7.] 3. [subject to subparagraph (iii) of this paragraph,] 13 establish: 14 A. the right of the Authority or an entity designated by the 15 Authority to manage and operate the Pimlico Clubhouse and Events Facility, grounds, and 16 any facility [not designated for the MJC Entities’ year–round use]; 17 B. the obligation of the Authority or an entity designated by 18 the Authority to operate, maintain as a first–class facility, in good condition, repair, and 19 secure the Pimlico racing facility site during periods identified in the long–term agreement; 20 and 21 C. the obligation of the Authority or an entity designated by 22 the Authority to cooperate with respect to the provision of adequate parking and efficient 23 transportation plans around the Pimlico racing facility site. 24 (ii) 1. Unless thoroughbred racing is no longer a lawful activity, 25 or is otherwise rendered not commercially viable as a result of a change in law or regulation, 26 the long–term agreement under paragraph (2)(i) of this subsection may not expire while 27 any bond, debt, or other financial instrument issued by the Authority for the improvement 28 of a racing facility remains unpaid. 29 2. If thoroughbred racing is no longer a lawful activity, or is 30 otherwise rendered not commercially viable as a result of a change in law or regulation, the 31 parties to the long–term agreement shall notify the Board of Public Works at least 180 days 32 before the expiration or termination of the long–term agreement. 33 3. The notice required under subsubparagraph 2 of this 34 subparagraph shall contain a wind–down plan. 35 12 HOUSE BILL 1524 4. The long–term agreement required under paragraph (2)(i) 1 of this subsection shall contain dispute resolution provisions, including expedited review, 2 in the event that there is a dispute among the parties regarding the existence of the 3 conditions described in subsubparagraph 1 of this subparagraph or the contents of the 4 wind–down plan. 5 [(iii) The MJC Entities shall have: 6 1. priority of use over the Pimlico Clubhouse and Events 7 Facility and grounds for MJC Entities’ purposes related to racing, wagering, or other 8 agreed–on uses; and 9 2. the right to access and egress from the Pimlico racing 10 facility site during periods identified in the agreement.] 11 (4) (i) Subject to subparagraph (ii) of this paragraph, the [long–term 12 agreement] AGREEMENTS required under paragraph (2)(ii) of this subsection shall: 13 1. [ensure that the Maryland Million is run annually at 14 Laurel Park except: 15 A. during periods of construction; 16 B. if prevented from doing so by weather, acts of God, or other 17 circumstances beyond the control of the racing licensee; or 18 C. if the racing licensee and the Maryland Million, LLC agree 19 to another location that is approved by the State Racing Commission; 20 2. ensure the MJC Entities’ sole, exclusive, and 21 unconditional rights to: 22 A. manage and operate the Laurel Park racing facility site; 23 and 24 B. conduct at the Laurel Park racing facility site year–round 25 thoroughbred training and racing, satellite simulcast wagering, advanced deposit 26 wagering, and any other lawful activities; 27 3. provide for the MJC Entities: 28 A. grant of an interest in the Laurel Park racing facility site, 29 in whole or in part, to Anne Arundel County or an entity or entities designated by Anne 30 Arundel County, including any designated project entity, for a specified term, including 31 renewals, and on the conditions established in the long–term agreement and subject to the 32 Authority securing all necessary development approvals and funding for the racing and 33 HOUSE BILL 1524 13 community development project costs; 1 B. access to the Laurel Park racing facility site for parking 2 and roadways; 3 C. rights to the Laurel Park racing facility site at the 4 expiration or termination of the long–term agreements on mutually agreeable terms and 5 conditions; 6 D. payment to Anne Arundel County, or an entity designated 7 by Anne Arundel County, of an amount at least equal to the prorated amount of real 8 property taxes paid in fiscal year 2020 for the Laurel Park racing facility site and any 9 improvements on the site, unless otherwise agreed to by the MJC Entities and Anne 10 Arundel County; and 11 E. an obligation to maintain as a first–class facility, in good 12 condition, repair, and secure the Laurel Park racing facility site during the periods 13 identified in the long–term agreement; 14 4.] preserve the MJC Entities’ tangible, intangible, 15 management, performance, distribution, intellectual property, advertising, concession, 16 merchandising, sponsorship, media, streaming, naming, licensing, commercial 17 development, and any other rights identified by the MJC Entities; and 18 [5.] 2. subject to the operating agreements of the project entities, 19 preserve the MJC Entities’ right to retain or designate revenues and profits associated with 20 the MJC Entities’ rights and lawful activities. 21 (ii) 1. Unless thoroughbred racing is no longer a lawful activity, 22 or is otherwise rendered not commercially viable as a result of a change in law or regulation, 23 the [long–term agreement] AGREEMENTS under paragraph (2)(ii) of this subsection may 24 not expire while any bond, debt, or other financial instrument issued by the Authority for 25 the improvement of a racing facility remains unpaid. 26 2. If thoroughbred racing is no longer a lawful activity, or is 27 otherwise rendered not commercially viable as a result of a change in law or regulation, the 28 parties to the [long–term agreement] AGREEMENTS shall notify the Board of Public Works 29 at least 180 days before the expiration or termination of the [long–term agreement] 30 AGREEMENTS . 31 3. The notice required under subsubparagraph 2 of this 32 subparagraph shall contain a wind–down plan. 33 4. The [long–term agreement] AGREEMENTS required 34 under paragraph (2)(ii) of this subsection shall contain dispute resolution provisions, 35 including expedited review, in the event that there is a dispute among the parties regarding 36 14 HOUSE BILL 1524 the existence of the conditions described in subsubparagraph 1 of this subparagraph or the 1 contents of the wind–down plan. 2 (e) [The] ON BEHALF OF THE MARYLAND THOROUGHBRED RACETRACK 3 OPERATING AUTHORITY, THE Authority shall enter into agreements with project entities 4 or local entities for planning, design, and construction of the racing and community 5 development projects at a racing facility site. 6 (f) For fiscal year 2022 and each fiscal year thereafter, until the bonds that have 7 been issued to finance racing facilities are no longer outstanding and unpaid, the 8 Comptroller shall deposit into the Racing and Community Development Financing Fund 9 AT LEAST $17,000,000 from the State Lottery Fund under § 9–120(b)(1)(iv) of the State 10 Government Article. 11 (g) If the money deposited in the Racing and Community Development Financing 12 Fund in accordance with subsection (f) of this section is not needed for debt service or debt 13 service reserves, the Authority may transfer those funds to the Racing and Community 14 Development Facilities Fund. 15 (h) If funds are needed for debt service or debt service reserves, the Authority 16 may transfer money in the Racing and Community Development Facilities Fund to the 17 Racing and Community Development Financing Fund. 18 10–1003. 19 (a) The purpose of the Authority is to maintain the State as a best–in–class 20 thoroughbred horse racing venue. 21 (b) The Authority may: 22 (1) study and make any recommendations that the Authority finds are in 23 the best interests of thoroughbred racing in the State; 24 (2) in coordination with other State entities, develop new and existing 25 horse racing and training facilities in the State; 26 (3) [subject to subsection (c) of this section and in accordance with an 27 executive order or a determination of the State Racing Commission that a thoroughbred 28 racing licensee under Title 11, Subtitle 5 of the Business Regulation Article, for any reason 29 other than weather, an act of God, or other circumstances beyond the control of the licensee, 30 is unable to support the minimum number of live racing days: 31 (i)] SUBJECT TO THE APPRO VAL OF AN AGREEMENT BY THE 32 BOARD OF PUBLIC WORKS, manage and oversee, in compliance with Title 11, Subtitle 5 33 of the Business Regulation Article: 34 HOUSE BILL 1524 15 [1.] (I) day–to–day thoroughbred horse racing operations; 1 [2.] (II) live racing days; and 2 [3.] (III) assets in the State; [and] 3 [(ii)] (4) in coordination with the Maryland Economic Development 4 Corporation, acquire property or contractual interests consistent with § 11–521 of the 5 Business Regulation Article and the procedures set forth in §§ 8–334 through 8–339 of the 6 Transportation Article; 7 [(4)] (5) enter into any agreements, leases, partnerships, or contracts 8 necessary to: 9 (i) support and sustain Maryland thoroughbred racing and 10 pari–mutuel wagering activity; and 11 (ii) ensure compliance with State Racing Commission rules and 12 regulations; 13 [(5)] (6) authorize or create a separate body, entity, or holding company 14 to carry out any provisions of this subtitle; 15 [(6)] (7) adopt regulations to carry out the provisions of this subtitle; and 16 [(7)] (8) make any other recommendations the Authority deems 17 necessary. 18 [(c) Before the Authority may exercise the powers authorized under subsection 19 (b)(3) of this section, the Legislative Policy Committee shall review and comment on the 20 executive order or determination of the State Racing Commission described under 21 subsection (b)(3) of this section.] 22 Article – State Government 23 9–120. 24 (b) (1) By the end of the month following collection, the Comptroller shall 25 deposit, cause to be deposited, or pay: 26 (iv) after June 30, 2021, into the Racing and Community 27 Development Financing Fund established under § 10–657.2 of the Economic Development 28 Article from the money that remains in the State Lottery Fund, after the distribution under 29 subsection (a) of this section, an amount equal to AT LEAST $17,000,000 in each fiscal year 30 until the bonds issued for a racing facility have matured; 31 16 HOUSE BILL 1524 9–1A–29. 1 (a) There is a Racetrack Facility Renewal Account under the authority of the 2 State Racing Commission. 3 (d) (1) The amount of funds made available from the Racetrack Facility 4 Renewal Account shall be allocated as follows: 5 (i) [1.] for fiscal year [2021] 2025 AND EACH FISCAL YEAR 6 THEREAFTER , [80%] 10% to be deposited in the Racing and Community Development 7 Facilities Fund established under § 10–657.3 of the Economic Development Article; [and] 8 (II) [2.] for fiscal year 2022 and thereafter, 80% to the State 9 Lottery Fund established under § 9–120 of this title; and 10 [(ii)] (III) [subject to paragraph (2) of this subsection, 20% to 11 Rosecroft Raceway and] FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , 12 10% TO Ocean Downs Race Course [according to a formula established in regulations 13 adopted by the State Racing Commission]. 14 (2) [Of the amount available to Rosecroft Raceway from the Racetrack 15 Facility Renewal Account under paragraph (1)(ii) of this subsection: 16 (i) the unencumbered fund balance, including accrued interest, 17 existing as of June 30, 2020, shall be transferred to the Racing and Community 18 Development Facilities Fund established under § 10–646.3 of the Economic Development 19 Article; and 20 (ii) subject] SUBJECT to paragraph (3) of this subsection, FROM 21 THE AMOUNT TRANSFERR ED TO THE STATE LOTTERY FUND IN ACCORDANCE WITH 22 PARAGRAPH (1)(II) OF THIS SUBSECTION , for fiscal year [2021] 2025 and each fiscal 23 year thereafter, $200,000 shall be transferred annually to Employ Prince George’s, Inc. for 24 workforce development and small, minority, and women–owned business development. 25 (3) (i) It is the intent of the General Assembly that the funds 26 transferred to Employ Prince George’s, Inc. shall supplement, and not supplant, funds 27 otherwise available for Employ Prince George’s, Inc. 28 (ii) If Employ Prince George’s, Inc. is unable to expend the funds 29 transferred under paragraph [(2)(ii)] (2) of this subsection during the 12–month period 30 after which Employ Prince George’s, Inc. received the funds, Employ Prince George’s, Inc. 31 shall partner with similar organizations located within Prince George’s County to expend 32 the balance of the funds from that period to encourage workforce development and small, 33 minority, and women–owned business development. 34 (h) The State Racing Commission shall adopt regulations to implement the 35 HOUSE BILL 1524 17 provisions of this section, including regulations to[: 1 (1)] address minimum criteria for the types of improvements to be made by 2 the holder of a license[; and 3 (2) establish a formula to allocate funds under subsection (d)(2) of this 4 section between Rosecroft Raceway and Ocean Downs Race Course]. 5 9–1E–06. 6 (b) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7 SUBSECTION, AN applicant for a sports wagering license shall pay to the Commission an 8 application fee of: 9 [(1)] (I) $2,000,000 for a Class A–1 sports wagering facility license; 10 [(2)] (II) $1,000,000 for a Class A–2 sports wagering facility license; 11 [(3)] (III) $250,000 for a Class B–1 sports wagering facility license; 12 [(4)] (IV) $50,000 for a Class B–2 sports wagering facility license; and 13 [(5)] (V) $500,000 for a mobile sports wagering license. 14 (2) THE REQUIREMENT TO PA Y AN APPLICATION FEE TO THE 15 COMMISSION UNDER PARA GRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO AN 16 APPLICANT FOR A CLASS A–2 SPORTS WAGERING FACI LITY LICENSE THAT IS A 17 HORSE RACING LICENSE E DESCRIBED UNDER § 11–510(B)(3) OF THE BUSINESS 18 REGULATION ARTICLE. 19 (d) (1) A sports wagering licensee may not begin accepting wagers on sporting 20 events until the application fee under subsection [(b)] (B)(1) of this section is paid in full 21 and the applicant reimburses the Commission for expenses re lated to performing 22 background investigations. 23 (2) The application fee under subsection [(b)] (B)(1) of this section is 24 nonrefundable. 25 Article – Tax – General 26 2–1302.3. 27 AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–1301 THROUGH 28 2–1302.2 OF THIS SUBTITLE , THE COMPTROLLER SHALL DIS TRIBUTE THE SALES 29 AND USE TAX REVENUE THAT IS ATTRIBUTABLE TO THE PURCHASE OF A RACEHORSE 30 18 HOUSE BILL 1524 FOLLOWING A CLAIMING RACE TO THE RACING AND COMMUNITY DEVELOPMENT 1 FACILITIES FUND ESTABLISHED UNDE R § 10–657.3 OF THE ECONOMIC 2 DEVELOPMENT ARTICLE. 3 2–1303. 4 After making the distributions required under §§ 2–1301 through [2–1302.2] 5 2–1302.3 of this subtitle, the Comptroller shall pay: 6 (1) revenues from the hotel surcharge into the Dorchester County 7 Economic Development Fund established under § 10–130 of the Economic Development 8 Article; 9 (2) to the Blueprint for Maryland’s Future Fund established under § 5–206 10 of the Education Article, the following percentage of the remaining sales and use tax 11 revenues: 12 (i) for fiscal year 2023, 9.2%; 13 (ii) for fiscal year 2024, 11.0%; 14 (iii) for fiscal year 2025, 11.3%; 15 (iv) for fiscal year 2026, 11.7%; and 16 (v) for fiscal year 2027 and each fiscal year thereafter, 12.1%; and 17 (3) the remaining sales and use tax revenue into the General Fund of the 18 State. 19 10–207. 20 (a) To the extent included in federal adjusted gross income, the amounts under 21 this section are subtracted from the federal adjusted gross income of a resident to determine 22 Maryland adjusted gross income. 23 (ii) (1) In this subsection, [“Laurel Park site” and “Pimlico site” have the 24 meanings] “PIMLICO SITE” HAS THE MEANING stated in § 10–601 of the Economic 25 Development Article. 26 (2) The subtraction under subsection (a) of this section includes: 27 (i) the amount of gain recognized as a result of the direct or indirect 28 transfer or conveyance of[: 29 1.] any property located, or used, at or within the [Laurel 30 HOUSE BILL 1524 19 Park site or] Pimlico site; and 1 [2. any portion of the Bowie Race Course Training Center 2 property; and] 3 (ii) the amount of income recognized as a result of any expenditure 4 of funds directly or indirectly by the State[,] OR Baltimore City[, or Anne Arundel County] 5 with respect to the [Laurel Park site or] Pimlico site. 6 10–307. 7 (a) To the extent included in federal taxable income, the amounts under this 8 section are subtracted from the federal taxable income of a corporation to determine 9 Maryland modified income. 10 (g) The subtraction under subsection (a) of this section includes the amounts 11 allowed to be subtracted for an individual under: 12 (1) § 10–207(i) of this title (Profits on sale or exchange of State or local 13 bonds); 14 (2) § 10–207(k) of this title (Relocation and assistance payments); 15 (3) § 10–207(m) of this title (State or local income tax refunds); 16 (4) § 10–207(c–1) of this title (State tax–exempt interest from mutual 17 funds); 18 (5) [§ 10–207(hh)] § 10–207(II) of this title (Gain on the transfer of 19 property within the [Laurel Park site or] Pimlico site [or Bowie Race Course Training 20 Center property] and income recognized as result of governmental expenditures); or 21 (6) § 10–207(jj) of this title (Coronavirus relief payments). 22 11–236. 23 (a) (1) In this section the following words have the meanings indicated. 24 (2) (i) “Construction material” means an item of tangible personal 25 property that is used to construct or renovate a building, a structure, or an improvement 26 on land and that typically loses its separate identity as personal property once incorporated 27 into the real property. 28 (ii) “Construction material” includes building materials, building 29 systems equipment, landscaping materials, and supplies. 30 20 HOUSE BILL 1524 (3) [“Laurel Park racing facility site” has the meaning stated in § 10–601 1 of the Economic Development Article. 2 (4)] “Pimlico site” [has the meaning] AND “TRAINING FACILITY SI TE” 3 HAVE THE MEANINGS stated in § 10–601 of the Economic Development Article. 4 (b) The sales and use tax does not apply to a sale of construction material, if: 5 (1) the construction material is purchased by a person solely for use in 6 furtherance of the provisions of Title 10, Subtitle 6 of the Economic Development Article 7 for the construction or redevelopment at the [Laurel Park racing facility site or] Pimlico 8 site OR TRAINING FACILITY SITE; 9 (2) the sale is made before January 1, [2026] 2029; and 10 (3) the buyer provides the vendor with eligibility of the exemption issued 11 by the Comptroller. 12 (c) The Comptroller shall adopt regulations to implement this section. 13 Article – Tax – Property 14 7–246. 15 (a) In this section, [“Laurel Park racing facility site” and] “Pimlico racing facility 16 site” AND “TRAINING FACILITY SI TE” have the meanings stated in § 10–601 of the 17 Economic Development Article. 18 (b) An interest of a person in an improvement at the [Laurel Park racing facility 19 site or] Pimlico racing facility site OR TRAINING FACILITY SITE or an interest of a person 20 in the real property of the [Laurel Park racing facility site or] Pimlico racing facility site 21 OR TRAINING FACILITY SITE is not subject to property tax for the duration of: 22 (1) with respect to the Pimlico racing facility site, the long–term agreement 23 described under [§ 10–646.1(d)(2)(i)] § 10–646.1(D) of the Economic Development Article; 24 or 25 (2) with respect to the [Laurel Park racing facility site] TRAINING 26 FACILITY SITE, the long–term agreement described under [§ 10–646.1(d)(2)(ii)] § 27 10–646.1(D) of the Economic Development Article. 28 12–108. 29 (hh) (1) In this subsection, [“Laurel Park racing facility site”,] “MJC Entities”, 30 “Pimlico racing facility site”, “Pimlico site”, [and] “project entities”, AND “TRAINING 31 HOUSE BILL 1524 21 FACILITY SITE” have the meanings stated in § 10–601 of the Economic Development 1 Article. 2 (2) An instrument of writing is not subject to recordation tax if the 3 instrument of writing transfers or grants a security interest in property that is[: 4 (i)] located at or within the [Laurel Park racing facility site,] Pimlico 5 racing facility site, [or] Pimlico site, OR TRAINING FACILITY SITE and the transfer or 6 grant is by any combination of project entities, MJC Entities, Baltimore City, OR an entity 7 designated by Baltimore City[, Anne Arundel County, or an entity designated by Anne 8 Arundel County; or 9 (ii) the property identified as the Bowie Race Course Training 10 Center under § 11–519 of the Business Regulation Article that is transferred by the owner 11 of the property to a government entity]. 12 13–207. 13 (a) An instrument of writing is not subject to transfer tax to the same extent that 14 it is not subject to recordation tax under: 15 (26) § 12–108(hh) of this article (Transfer of real property within the [Laurel 16 Park racing facility site,] Pimlico racing facility site, Pimlico site, or [Bowie Race Course 17 Training Center property)] TRAINING FACILITY SI TE). 18 13–410. 19 An instrument of writing is not subject to the county transfer tax to the same extent 20 that it is not subject to the recordation tax under: 21 (1) § 12–108(cc) of this article (Certain transfers to land trusts); or 22 (2) § 12–108(hh) of this article (Transfer of real property within the [Laurel 23 Park racing facility site,] Pimlico racing facility site, Pimlico site, or [Bowie Race Course 24 Training Center property)] TRAINING FACILITY SI TE). 25 Chapter 590 of the Acts of 2020 26 SECTION 9. AND BE IT FURTHER ENACTED, That: 27 (a) In addition to the funds otherwise available for racing and community 28 development project costs under this Act and notwithstanding the limitations under § 29 10–657.3 of the Economic Development Article, as enacted by Section 1 of this Act, 30 $2,000,000 of the funds transferred to the Racing and Community Development Facilities 31 Fund established under § 10–657.3 of the Economic Development Article in accordance with 32 § 9–1A–29(d)(2) of the State Government Article, as enacted by Section 1 of this Act, may 33 22 HOUSE BILL 1524 be used: 1 (1) BEFORE JUNE 1, 2024, only to reimburse the racing licensees’ costs 2 attributable to maintaining ongoing year–round racing operations, ensuring the continued 3 running of the Preakness Stakes at the Pimlico site during construction, and expenses 4 related to the Bowie Race Course Training Center before the conveyance of the property in 5 accordance with § 11–519 of the Business Regulation Article, as enacted by Section 1 of this 6 Act; AND 7 (2) ON OR AFTER JUNE 1, 2024, BY THE MARYLAND THOROUGHBRED 8 RACETRACK OPERATING AUTHORITY FOR TRANSIT IONAL, OPERATIONAL , AND 9 CAPITAL COSTS AT LAUREL PARK AND OTHER USES D EEMED NECESSARY BY T HE 10 AUTHORITY. 11 (b) The Maryland Stadium Authority shall cooperate with the racing licensee to 12 identify the costs described under subsection [(a)] (A)(1) of this section and establish an 13 approval process before any reimbursement is provided in accordance with subsection [(a)] 14 (A)(1) of this section. 15 Chapter 111 of the Acts of 2023 16 SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 17 5 of this Act, this Act shall take effect June 1, 2023. Section 2 of this Act shall remain 18 effective for a period of [4] 6 years and 1 month and, at the end of June 30, [2027] 2029, 19 Section 2 of this Act, with no further action required by the General Assembly, shall be 20 abrogated and of no further force and effect. 21 SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 22 Assembly that: 23 (1) the Maryland Jockey Club transfer, in accordance with the Pimlico 24 Transfer Agreement, ownership of the Pimlico racing facility site to the Maryland 25 Thoroughbred Racetrack Operating Authority; 26 (2) on or before January 1, 2025: 27 (i) the Maryland Jockey Club make Laurel Park available to the 28 Maryland Thoroughbred Racetrack Operating Authority for use as a transition facility 29 while new racing facilities are constructed at the Pimlico racing facility site and a new 30 training facility is constructed; and 31 (ii) the Maryland Jockey Club and Laurel Racing Association 32 Limited Partnership transfer the right to conduct all thoroughbred horse racing in the 33 State to the Maryland Thoroughbred Racetrack Operating Authority or its designees except 34 that the Maryland Jockey Club or an affiliate may conduct the Preakness Stakes, the 35 Black–Eyed Susan Stakes, and related undercard races in 2025 at the Pimlico racing 36 HOUSE BILL 1524 23 facility site and Laurel Park in 2026; 1 (3) on or before July 1, 2026, the Maryland Jockey Club and Maryland 2 Thoroughbred Racetrack Operating Authority enter into a licensing agreement for the 3 intellectual property related to the Preakness Stakes and the Black–Eyed Susan Stakes; 4 (4) on or before January 1, 2027, the Maryland Jockey Club and the Laurel 5 Racing Association Limited Partnership enter into a long–term loan agreement with the 6 Maryland Thoroughbred Racetrack Operating Authority granting the Authority the right 7 to display the Woodlawn Vase at any location of the Authority’s choosing; 8 (5) the ownership of the Maryland Jockey Club and Pimlico names and 9 trademarks be transferred to the Maryland Thoroughbred Racetrack Operating Authority; 10 and 11 (6) the Maryland Jockey Club and Laurel Racing Association Limited 12 Partnership transfer to the Maryland Thoroughbred Racetrack Operating Authority: 13 (i) all personal property and equipment at the Pimlico racing facility 14 site necessary to operate year–round racing and to use the personal property and 15 equipment at Laurel Park during the period that the Pimlico racing facility site is under 16 construction; 17 (ii) the Maryland Thoroughbred Purse Account; and 18 (iii) material contracts, permits, and licenses applicable to the 19 Pimlico Racetrack. 20 SECTION 5. AND BE IT FURTHER ENACTED, That : 21 (a) On or before June 30, 2024, the unencumbered fund balance, including 22 accrued interest, that is allocated to the Rosecroft Raceway under the Racetrack Facility 23 Renewal Account shall be transferred to the Racing and Community Development 24 Facilities Fund established under § 10–657.3 of the Economic Development Article. 25 (b) The funds described under subsection (a) of this section may be used by the 26 Maryland Thoroughbred Racetrack Operating Authority for transitional, operational, and 27 capital costs at Laurel Park and other uses deemed necessary by the Authority. 28 SECTION 6. AND BE IT FURTHER ENACTED, That it is the intent of the General 29 Assembly that this Act is consistent with the terms set forth in the executed Pimlico 30 Redevelopment Community Compact. 31 SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect June 32 1, 2024. 33