1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb1116* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 1116 |
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8 | 8 | | C8, R2, C7 4lr3414 |
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9 | 9 | | CF HB 764 |
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10 | 10 | | By: Senator Zucker |
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11 | 11 | | Introduced and read first time: February 7, 2024 |
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12 | 12 | | Assigned to: Rules |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | State Lottery Fund – Bus Rapid Transit Fund Distribution – Alterations 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of repealing a certain limitation on the distribution of up to a certain 3 |
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21 | 21 | | amount of money from the State Lottery Fund to the Bus Rapid Transit Fund for 4 |
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22 | 22 | | certain bus rapid transit system grants; altering the circumstances for distributions 5 |
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23 | 23 | | from the Bus Rapid Transit Fund; and generally relating to the State Lottery Fund 6 |
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24 | 24 | | and the Bus Rapid Transit Fund. 7 |
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25 | 25 | | |
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26 | 26 | | BY repealing and reenacting, with amendments, 8 |
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27 | 27 | | Article – State Government 9 |
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28 | 28 | | Section 9–120 10 |
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29 | 29 | | Annotated Code of Maryland 11 |
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30 | 30 | | (2021 Replacement Volume and 2023 Supplement) 12 |
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31 | 31 | | |
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32 | 32 | | BY repealing and reenacting, with amendments, 13 |
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33 | 33 | | Article – Transportation 14 |
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34 | 34 | | Section 2–802 15 |
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35 | 35 | | Annotated Code of Maryland 16 |
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36 | 36 | | (2020 Replacement Volume and 2023 Supplement) 17 |
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37 | 37 | | |
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38 | 38 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 |
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39 | 39 | | That the Laws of Maryland read as follows: 19 |
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40 | 40 | | |
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41 | 41 | | Article – State Government 20 |
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42 | 42 | | |
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43 | 43 | | 9–120. 21 |
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44 | 44 | | |
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45 | 45 | | (a) The Comptroller shall distribute, or cause to be distributed, the State Lottery 22 |
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46 | 46 | | Fund to pay: 23 |
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47 | 47 | | 2 SENATE BILL 1116 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (1) on a pro rata basis for the daily and nondaily State lottery games, the 1 |
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51 | 51 | | expenses of administering and operating the State lottery, as authorized under this subtitle 2 |
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52 | 52 | | and the State budget; and 3 |
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53 | 53 | | |
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54 | 54 | | (2) then, except as provided in § 10–113.1 of the Family Law Article, § 4 |
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55 | 55 | | 11–618 of the Criminal Procedure Article, and § 3–307 of the State Finance and 5 |
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56 | 56 | | Procurement Article, the holder of each winning ticket or share. 6 |
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57 | 57 | | |
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58 | 58 | | (b) (1) By the end of the month following collection, the Comptroller shall 7 |
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59 | 59 | | deposit, cause to be deposited, or pay: 8 |
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60 | 60 | | |
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61 | 61 | | (i) 1. After June 30, 2023, but not later than June 30, 2026, into 9 |
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62 | 62 | | the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and 10 |
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63 | 63 | | Procurement Article from the money that remains in the State Lottery Fund, after the 11 |
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64 | 64 | | distribution under subsection (a) of this section, an amount not to exceed $14,200,000 in 12 |
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65 | 65 | | each fiscal year; 13 |
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66 | 66 | | |
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67 | 67 | | 2. after June 30, 2023, but not later than June 30, 2026, from 14 |
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68 | 68 | | the money that remains in the State Lottery Fund after the distribution under subsection 15 |
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69 | 69 | | (a) of this section, an amount for each fiscal year not to exceed: 16 |
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70 | 70 | | |
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71 | 71 | | A. $34,900,000 into the Camden Yards Football Sports 17 |
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72 | 72 | | Facility Supplemental Financing Fund established under § 10–652.1 of the Economic 18 |
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73 | 73 | | Development Article; and 19 |
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74 | 74 | | |
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75 | 75 | | B. $40,900,000 into the Camden Yards Baseball Sports 20 |
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76 | 76 | | Facility Supplemental Financing Fund established under § 10–652.2 of the Economic 21 |
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77 | 77 | | Development Article; 22 |
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78 | 78 | | |
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79 | 79 | | 3. after June 30, 2026, but not later than June 30, 2039, into 23 |
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80 | 80 | | the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and 24 |
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81 | 81 | | Procurement Article from the money that remains in the State Lottery Fund, after the 25 |
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82 | 82 | | distribution under subsection (a) of this section, an amount not to exceed $3,360,000 in each 26 |
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83 | 83 | | fiscal year; 27 |
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84 | 84 | | |
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85 | 85 | | 4. after June 30, 2026, but not later than June 30, 2039, from 28 |
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86 | 86 | | the money that remains in the State Lottery Fund after the distribution under subsection 29 |
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87 | 87 | | (a) of this section, an amount for each fiscal year not to exceed: 30 |
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88 | 88 | | |
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89 | 89 | | A. $45,000,000 into the Camden Yards Football Sports 31 |
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90 | 90 | | Facility Supplemental Financing Fund established under § 10–652.1 of the Economic 32 |
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91 | 91 | | Development Article; and 33 |
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92 | 92 | | |
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93 | 93 | | B. $41,640,000 into the Camden Yards Baseball Sports 34 |
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94 | 94 | | Facility Supplemental Financing Fund established under § 10–652.2 of the Economic 35 |
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95 | 95 | | Development Article; and 36 |
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96 | 96 | | SENATE BILL 1116 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | 5. after June 30, 2039, from the money that remains in the 1 |
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100 | 100 | | State Lottery Fund after the distribution under subsection (a) of this section, an amount 2 |
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101 | 101 | | for each fiscal year not to exceed: 3 |
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102 | 102 | | |
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103 | 103 | | A. $45,000,000 into the Camden Yards Football Sports 4 |
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104 | 104 | | Facility Supplemental Financing Fund established under § 10–652.1 of the Economic 5 |
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105 | 105 | | Development Article; and 6 |
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106 | 106 | | |
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107 | 107 | | B. $45,000,000 into the Camden Yards Baseball Sports 7 |
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108 | 108 | | Facility Supplemental Financing Fund established under § 10–652.2 of the Economic 8 |
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109 | 109 | | Development Article; 9 |
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110 | 110 | | |
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111 | 111 | | (ii) after June 30, 2014, into the Maryland Veterans Trust Fund 10% 10 |
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112 | 112 | | of the money that remains in the State Lottery Fund from the proceeds of sales of tickets 11 |
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113 | 113 | | from instant ticket lottery machines by veterans’ organizations under § 9–112(d) of this 12 |
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114 | 114 | | subtitle, after the distribution under subsection (a) of this section; 13 |
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115 | 115 | | |
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116 | 116 | | (iii) after June 30, 2014, into the Baltimore City Public School 14 |
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117 | 117 | | Construction Financing Fund established under § 10–656 of the Economic Development 15 |
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118 | 118 | | Article the money that remains in the State Lottery Fund from the proceeds of all lotteries 16 |
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119 | 119 | | after the distributions under subsection (a) of this section and items (i) and (ii) of this 17 |
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120 | 120 | | paragraph, an amount equal to $20,000,000 in each fiscal year that bonds are outstanding 18 |
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121 | 121 | | and unpaid, to be paid in two installments with at least $10,000,000 paid no later than 19 |
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122 | 122 | | December 1 of each fiscal year; 20 |
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123 | 123 | | |
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124 | 124 | | (iv) after June 30, 2021, into the Racing and Community 21 |
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125 | 125 | | Development Financing Fund established under § 10–657.2 of the Economic Development 22 |
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126 | 126 | | Article from the money that remains in the State Lottery Fund, after the distribution under 23 |
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127 | 127 | | subsection (a) of this section, an amount equal to $17,000,000 in each fiscal year until the 24 |
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128 | 128 | | bonds issued for a racing facility have matured; 25 |
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129 | 129 | | |
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130 | 130 | | (v) after June 30, 2020, into the Michael Erin Busch Sports Fund 26 |
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131 | 131 | | established under § 10–612.2 of the Economic Development Article from the money that 27 |
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132 | 132 | | remains in the State Lottery Fund from the proceeds of all lotteries after the distributions 28 |
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133 | 133 | | under subsection (a) of this section and items (i) through (iv) of this paragraph, an amount 29 |
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134 | 134 | | equal to $1,000,000 in each fiscal year; 30 |
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135 | 135 | | |
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136 | 136 | | (vi) after June 30, 2021, a grant to the Maryland Humanities Council 31 |
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137 | 137 | | for Maryland History Day and other programming from the money that remains in the 32 |
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138 | 138 | | State Lottery Fund after the distributions under subsection (a) of this section and items (i) 33 |
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139 | 139 | | through (v) of this paragraph, an amount equal to $150,000 in each fiscal year; 34 |
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140 | 140 | | |
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141 | 141 | | (vii) after June 30, 2021, to Anne Arundel County or Baltimore City 35 |
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142 | 142 | | each fiscal year the amount required to be distributed under § 9–1A–31(a)(7)(ii) of this title 36 |
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143 | 143 | | to be used as required under § 9–1A–31 of this title; 37 |
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144 | 144 | | 4 SENATE BILL 1116 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | (viii) after June 30, 2022, into the Maggie McIntosh School Arts Fund 1 |
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148 | 148 | | established under § 5–243 of the Education Article from the money that remains in the 2 |
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149 | 149 | | State Lottery Fund from the proceeds of all other lotteries after the distributions under 3 |
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150 | 150 | | subsection (a) of this section and items (i) through (vii) of this paragraph, an amount equal 4 |
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151 | 151 | | to $250,000 in each fiscal year; 5 |
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152 | 152 | | |
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153 | 153 | | (ix) after June 1, 2022, to the Sports Entertainment Facilities 6 |
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154 | 154 | | Financing Fund established under § 10–657.5 of the Economic Development Article from 7 |
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155 | 155 | | the money that remains in the State Lottery Fund from the proceeds of all lotteries after 8 |
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156 | 156 | | the distributions under subsection (a) of this section and items (i) through (viii) of this 9 |
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157 | 157 | | paragraph, an amount not to exceed $25,000,000 to be paid in two installments not later 10 |
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158 | 158 | | than November 1 and June 1 of each fiscal year; 11 |
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159 | 159 | | |
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160 | 160 | | (x) after June 30, 2022, to the Major Sports and Entertainment 12 |
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161 | 161 | | Event Program Fund established under § 10–611.2 of the Economic Development Article 13 |
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162 | 162 | | from the money that remains in the State Lottery Fund from the proceeds of all lotteries 14 |
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163 | 163 | | after the distributions under subsection (a) of this section and items (i) through (ix) of this 15 |
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164 | 164 | | paragraph: 16 |
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165 | 165 | | |
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166 | 166 | | 1. for fiscal year 2023, an amount equal to $10,000,000; and 17 |
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167 | 167 | | |
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168 | 168 | | 2. for each fiscal year thereafter, the amount necessary to 18 |
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169 | 169 | | restore the Major Sports and Entertainment Event Program Fund to a balance of 19 |
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170 | 170 | | $10,000,000; 20 |
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171 | 171 | | |
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172 | 172 | | (xi) [if a deposit or payment is made under item (i)2 through 5 of this 21 |
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173 | 173 | | paragraph, an amount equal to the total deposit or payment under item (i)2 through 5 of 22 |
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174 | 174 | | this paragraph, but not exceeding $27,000,000, into] AFTER JUNE 30, 2024, INTO the Bus 23 |
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175 | 175 | | Rapid Transit Fund established under § 2–802.1 of the Transportation Article for bus rapid 24 |
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176 | 176 | | transit system grants in accordance with § 2–802 of the Transportation Article from the 25 |
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177 | 177 | | money that remains in the State Lottery Fund from the proceeds of all lotteries after the 26 |
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178 | 178 | | distributions under subsection (a) of this section and items (i) through (x) of this paragraph, 27 |
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179 | 179 | | AN AMOUNT EQUAL TO $27,000,000 IN EACH FISCAL YEAR ; 28 |
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180 | 180 | | |
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181 | 181 | | (xii) after June 30, 2023, into the Prince George’s County Blue Line 29 |
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182 | 182 | | Corridor Facility Fund established under § 10–657.6 of the Economic Development Article 30 |
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183 | 183 | | from the money that remains in the State Lottery Fund from the proceeds of all lotteries 31 |
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184 | 184 | | after the distributions under subsection (a) of this section and items (i) through (xi) of this 32 |
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185 | 185 | | paragraph, an amount not to exceed $27,000,000 to be paid in two installments not later 33 |
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186 | 186 | | than November 1 and June 1 of each fiscal year; and 34 |
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187 | 187 | | |
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188 | 188 | | (xiii) into the General Fund of the State the money that remains in the 35 |
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189 | 189 | | State Lottery Fund from the proceeds of all lotteries after the distributions under 36 |
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190 | 190 | | subsection (a) of this section and items (i) through (xii) of this paragraph. 37 |
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191 | 191 | | |
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192 | 192 | | (2) The money paid into the General Fund under this subsection is 38 |
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193 | 193 | | available in the fiscal year in which the money accumulates in the State Lottery Fund. 39 SENATE BILL 1116 5 |
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194 | 194 | | |
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195 | 195 | | |
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196 | 196 | | |
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197 | 197 | | (c) The regulations of the Agency shall apportion the money in the State Lottery 1 |
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198 | 198 | | Fund in accordance with subsection (b) of this section. 2 |
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199 | 199 | | |
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200 | 200 | | Article – Transportation 3 |
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201 | 201 | | |
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202 | 202 | | 2–802. 4 |
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203 | 203 | | |
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204 | 204 | | (a) (1) In this section the following words have the meanings indicated. 5 |
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205 | 205 | | |
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206 | 206 | | (2) “Bus rapid transit system” means a bus line that operates on at least 6 |
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207 | 207 | | some portion of roadway dedicated to buses and offers off–board fare collection or another 7 |
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208 | 208 | | form of high efficiency fare collection if a fare is charged. 8 |
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209 | 209 | | |
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210 | 210 | | (3) “Eligible grantee” means a county or municipal corporation that has: 9 |
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211 | 211 | | |
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212 | 212 | | (i) A bus rapid transit system that operates in the county or 10 |
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213 | 213 | | municipal corporation; and 11 |
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214 | 214 | | |
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215 | 215 | | (ii) No ongoing or completed facility, as that term is defined in § 12 |
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216 | 216 | | 10–601(s)(1), (4), (8), (9), or (10) of the Economic Development Article. 13 |
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217 | 217 | | |
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218 | 218 | | (b) (1) Subject to paragraph (2) of this subsection, if a deposit or payment is 14 |
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219 | 219 | | made in accordance with [§ 9–120(b)(1)(i)2 through 5] § 9–120(B)(1)(XI) of the State 15 |
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220 | 220 | | Government Article into the Maryland Stadium Authority Facilities Fund established 16 |
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221 | 221 | | under § 7–312 of the State Finance and Procurement Article, and there is only one eligible 17 |
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222 | 222 | | grantee, then the Department shall award a grant to the eligible grantee equal to the 18 |
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223 | 223 | | amount distributed to the Department under § 9–120(b)(1)(xi) of the State Government 19 |
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224 | 224 | | Article. 20 |
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225 | 225 | | |
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226 | 226 | | (2) (i) If there are two eligible grantees, and one eligible grantee is 21 |
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227 | 227 | | Montgomery County, the Department shall distribute $20,000,000 to Montgomery County 22 |
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228 | 228 | | and the remaining amount of the deposit or payment under § 9–120(b)(1)(xi) of the State 23 |
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229 | 229 | | Government Article to the remaining eligible grantee. 24 |
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230 | 230 | | |
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231 | 231 | | (ii) If more than three counties or municipal corporations are eligible 25 |
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232 | 232 | | grantees, and one eligible grantee is Montgomery County, then the Department shall 26 |
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233 | 233 | | distribute: 27 |
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234 | 234 | | |
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235 | 235 | | 1. Not less than $20,000,000 to Montgomery County if 28 |
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236 | 236 | | Montgomery County remains an eligible county; and 29 |
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237 | 237 | | |
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238 | 238 | | 2. The total remaining amount of the deposit or payment 30 |
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239 | 239 | | under § 9–120(b)(1)(xi) of the State Government Article to the remaining eligible grantees 31 |
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240 | 240 | | based on each eligible grantee’s pro rata share of the statewide population. 32 |
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241 | 241 | | 6 SENATE BILL 1116 |
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242 | 242 | | |
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243 | 243 | | |
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244 | 244 | | (iii) If Montgomery County is not an eligible grantee, and more than 1 |
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245 | 245 | | one county or municipal corporation are eligible grantees, then the Department shall 2 |
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246 | 246 | | distribute the total amount of the deposit payment under § 9–120(b)(1)(xi) of the State 3 |
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247 | 247 | | Government Article to the eligible grantees based on each eligible grantee’s pro rata share 4 |
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248 | 248 | | of the statewide population. 5 |
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249 | 249 | | |
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250 | 250 | | (3) (i) Eligible grantees receiving funds in accordance with this 6 |
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251 | 251 | | subsection and § 2–802.1 of this subtitle may use the grant funds for the: 7 |
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252 | 252 | | |
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253 | 253 | | 1. Financing and refinancing of the costs related to the 8 |
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254 | 254 | | construction, acquisition, improvement, equipping, rehabilitation, and expansion of bus 9 |
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255 | 255 | | rapid transit system projects; 10 |
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256 | 256 | | |
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257 | 257 | | 2. Payment of debt service on bonds issued to finance bus 11 |
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258 | 258 | | rapid transit system projects; 12 |
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259 | 259 | | |
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260 | 260 | | 3. Payment of all reasonable expenses and charges related to 13 |
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261 | 261 | | bond issuance and borrowing; and 14 |
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262 | 262 | | |
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263 | 263 | | 4. Payment of costs relating to the management and 15 |
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264 | 264 | | operation of bus rapid transit system projects. 16 |
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265 | 265 | | |
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266 | 266 | | (ii) If an eligible grantee uses funds under this section for the 17 |
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267 | 267 | | payment of debt service on bonds issued to finance bus rapid transit system projects, the 18 |
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268 | 268 | | eligible grantee shall issue bonds in accordance with an ordinance or resolution which may 19 |
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269 | 269 | | specify all matters relating to the advertisement, sale, issuance, delivery, and payment of 20 |
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270 | 270 | | the bonds, including: 21 |
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271 | 271 | | |
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272 | 272 | | 1. The forms, dates, and denominations of the bonds; 22 |
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273 | 273 | | |
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274 | 274 | | 2. The principal maturities; 23 |
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275 | 275 | | |
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276 | 276 | | 3. The methods to be used in determining interest payable 24 |
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277 | 277 | | on the bonds; and 25 |
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278 | 278 | | |
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279 | 279 | | 4. Any provisions for registration, redemption before stated 26 |
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280 | 280 | | maturity, or the use of facsimile signatures or seals. 27 |
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281 | 281 | | |
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282 | 282 | | (c) The Department: 28 |
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283 | 283 | | |
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284 | 284 | | (1) Shall distribute grants under this section to eligible grantees in a timely 29 |
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285 | 285 | | manner; and 30 |
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286 | 286 | | |
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287 | 287 | | (2) May not impose any additional conditions on an eligible grantee on 31 |
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288 | 288 | | receipt of a grant under this section. 32 |
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289 | 289 | | SENATE BILL 1116 7 |
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290 | 290 | | |
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291 | 291 | | |
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292 | 292 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1 |
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293 | 293 | | 1, 2024. 2 |
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