EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb1188*
SENATE BILL 1188
K3, C8 EMERGENCY BILL (4lr3559)
ENROLLED BILL
— Finance and Budget and Taxation/Economic Matters and Appropriations —
Introduced by Senators Ferguson and Salling
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approva l this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Maryland Protecting Opportunities and Regional Trade (PORT) Act 2
FOR the purpose of establishing the Fallen Transportation Workers Scholarship Program 3
and the Fallen Transportation Workers Scholarship Fund as a special, nonlapsing 4
fund; requiring that the interest earnings of the Fund remain in the Fund; 5
authorizing the Secretary of Labor to exempt an individual from the requirement to 6
be actively seeking work for unemployment insurance benefits eligibility under 7
certain circumstances; allowing a subtraction under the State income tax for certain 8
benefit payments received by certain individuals; increasing a certain revenue bond 9
cap for the Maryland Transportation Authority; requiring the Maryland Department 10
of Labor and the Department of Commerce to establish certain temporary relief 11
programs to provide assistance to individuals and certain entities impacted by a 12
certain closure reduced operations of the Port of Baltimore; authorizing the Governor 13
to transfer, by budget amendment, funds from the Revenue Stabilization Account to 14
fund the temporary relief programs; authorizing the Maryland Department of Labor 15 2 SENATE BILL 1188
and the Department of Commerce to transfer available funding from existing 1
programs and special funds to support certain programs; authorizing, subject to 2
certain limitations, the disclosure of certain tax information to certain governmental 3
entities for the purpose of assisting the Comptroller in certain tax compliance activity; 4
requiring the Attorney General to pursue options, including filing actions, to recover 5
for the State economic damages arising out of closure of the Port of Baltimore and the 6
collapse of the Francis Scott Key Bridge; and generally relating to providing 7
temporary relief for individuals and certain entities affected by the closure of the 8
Port of Baltimore transportation and states of emergency. 9
BY adding to 10
Article – Education 11
Section 18–4001 through 18–4004 to be under the new subtitle “Subtitle 40. Fallen 12
Transportation Workers Scholarship Program” 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Labor and Employment 17
Section 8–611(a) and 8–903(a)(1) 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Labor and Employment 22
Section 8–611(k) 23
Annotated Code of Maryland 24
(2016 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – Labor and Employment 27
Section 8–903(d) 28
Annotated Code of Maryland 29
(2016 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – State Finance and Procurement 32
Section 6–226(a)(2)(i) 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2023 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – State Finance and Procurement 37
Section 6–226(a)(2)(ii)189. and 190. 38
Annotated Code of Maryland 39
(2021 Replacement Volume and 2023 Supplement) 40
SENATE BILL 1188 3
BY adding to 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(ii)191. 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Tax – General 7
Section 10–207(a) and 10–208(a) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Tax – General 12
Section 10–207(pp), 10–208(cc), and 13–203(c)(16) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Tax – General 17
Section 13–203(c)(14) and (15) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Transportation 22
Section 3–101(a) and (l) and 4–101(a) and (h) 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Transportation 27
Section 4–306 28
Annotated Code of Maryland 29
(2020 Replacement Volume and 2023 Supplement) 30
Preamble 31
WHEREAS, At approximately 1:30 a.m. on March 26, 2024, a major section of the 32
Francis Scott Key Bridge (Key Bridge) collapsed into the Patapsco River after the Dali, a 33
984–foot container ship, collided with one of the bridge’s primary support pillars; and 34
WHEREAS, The collapse of the Key Bridge is a catastrophic event that resulted in a 35
tragic loss of life and the closure reduced operations of the Port of Baltimore (Port); and 36
WHEREAS, The closure reduced operations of the Port has severe economic 37
implications for the entire region and nation; and 38 4 SENATE BILL 1188
WHEREAS, The Port accounts for approximately $3.3 billion in annual personal 1
income for individuals, with approximately 15,300 jobs in Maryland directly generated by 2
Port activity and approximately 140,000 total jobs linked to Port activity; and 3
WHEREAS, In 2023, the Port set several records for itself and also ranked first 4
among ports in the nation for handling the highest volume in each of the following 5
categories: autos and light trucks (847,158 vehicles); roll–on, roll–off heavy farm and 6
construction machinery (1.3 million tons); and imported sugar and gypsum; and 7
WHEREAS, The Port also ranked ninth in the nation in 2023 for both the tonnage 8
of international cargo handled (52.3 million tons) and total foreign cargo value ($80.8 9
billion); and 10
WHEREAS, Additionally, in 2023, in total the Port exported more than $111 billion 11
and imported more than $36 billion worth of goods; and 12
WHEREAS, It is critical to ensure that the individuals and businesses that are 13
economically impacted by the closure reduced operations of the Port are supported at this 14
vital juncture; now, therefore, 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
SUBTITLE 40. FALLEN TRANSPORTATION WORKERS SCHOLARSHIP PROGRAM. 19
18–4001. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “FALLEN TRANSPORTATION WORKER” MEANS AN INDIVIDUAL : 23
(1) WHOSE OCCUPATION IS I N THE CONSTRUCTION , 24
REHABILITATION , OR OPERATION OF A TR ANSPORTATION FACILIT Y OR 25
TRANSPORTATION FACI LITIES PROJECT IN TH E STATE; AND 26
(2) WHO DIED, ON OR AFTER JANUARY 1, 2022, AS A RESULT OF AN 27
ACCIDENT OCCURRING W HILE THE INDIVIDUAL WAS PERFORMING ANY J OB DUTY 28
NECESSARY FOR THE CO NSTRUCTION, MAINTENANCE , REHABILITATION , OR 29
OPERATION OF A TRANS PORTATION FACILITY OR TRANS PORTATION FACILITIES 30
PROJECT IN THE STATE. 31
SENATE BILL 1188 5
(C) “FUND” MEANS THE FALLEN TRANSPORTATION WORKERS 1
SCHOLARSHIP FUND. 2
(D) “PROGRAM” MEANS THE FALLEN TRANSPORTATION WORKERS 3
SCHOLARSHIP PROGRAM. 4
(E) “TRANSPORTATION FACILI TY” HAS THE MEANING STATED IN § 3–101 OF 5
THE TRANSPORTATION ARTICLE. 6
(F) “TRANSPORTATION FACILI TIES PROJECT” HAS THE MEANING STAT ED 7
IN § 4–101 OF THE TRANSPORTATION ARTICLE. 8
18–4002. 9
(A) THERE IS A FALLEN TRANSPORTATION WORKERS SCHOLARSHIP 10
PROGRAM. 11
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE TUITION ASSISTANCE 12
TO A STUDENT WHO WAS A DEPENDENT OR IS TH E SURVIVING SPOUSE O F A FALLEN 13
TRANSPORTATION WORKE R. 14
18–4003. 15
(A) AN INDIVIDUAL MAY APP LY TO AN ELIGIBLE IN STITUTION OF 16
POSTSECONDARY EDUCAT ION FOR A SCHOL ARSHIP UNDER THIS SU BTITLE IF THE 17
INDIVIDUAL IS: 18
(1) (I) ACCEPTED FOR ADMISSIO N OR ENROLLED IN A R EGULAR 19
UNDERGRADUATE , GRADUATE, OR PROFESSIONAL PROG RAM AT AN ELIGIBLE 20
INSTITUTION OF POSTSECONDARY EDU CATION; OR 21
(II) ENROLLED IN: 22
1. A 2–YEAR TERMINAL CERTIFICATE PROGRAM IN 23
WHICH THE COURSE WOR K IS ACCEPTABLE FOR TRANSFER CREDIT FOR AN 24
ACCREDITED BACCALAUR EATE PROGRAM AT AN E LIGIBLE INSTITUTION ; OR 25
2. A PRIVATE CAREER SCHOO L; 26
(2) AT LEAST 16 YEARS OLD; AND 27
(3) A RESIDENT OF THE STATE; AND 28
6 SENATE BILL 1188
(4) (3) THE CHILD, STEPCHILD, OR SURVIVING SPOUSE OF A 1
FALLEN TRANSPORTATIO N WORKER. 2
(B) A SCHOLARSHIP AWARDED UNDER THIS SUBTITLE : 3
(1) MAY BE USED FOR THE T UITION AND MANDATORY FEES AT ANY 4
ELIGIBLE INSTITUTION OF POSTSECONDARY EDU CATION; AND 5
(2) MAY NOT: 6
(I) EXCEED THE EQUIVALENT ANNUAL TUITION AND 7
MANDATORY FEES OF A RESIDENT AN UNDERGRADUATE STUDEN T AT THE 4–YEAR 8
INSTITUTION OF HIGHE R EDUCATION WITHIN T HE UNIVERSITY SYSTEM OF 9
MARYLAND, OTHER THAN THE UNIVERSITY OF MARYLAND GLOBAL CAMPUS AND 10
THE UNIVERSITY OF MARYLAND, BALTIMORE CAMPUS, WITH THE HIGHEST ANN UAL 11
EXPENSES FOR A FULL –TIME RESIDENT UNDERGRADUATE ; AND 12
(II) BE LESS THAN THE LESS ER OF: 13
1. $3,000; OR 14
2. THE EQUIVALENT TUITIO N AND MANDATORY FEES OF 15
A RESIDENT OF THE INSTITUTION ATTE NDED BY THE RECIPIEN T OF THE 16
SCHOLARSHIP . 17
(C) (1) EACH INSTITUTION OF P OSTSECONDARY EDUCATION SHAL L 18
DETERMINE ELIGIBILIT Y OF INDIVIDUALS WHO APPLY TO THE INSTITU TION FOR 19
THE PROGRAM. 20
(2) FUNDS SUBJECT TO THE AVAILA BILITY OF FUNDS , FUNDS FOR 21
THE PROGRAM SHALL BE ALLO CATED BY THE COMMISSION TO EACH IN STITUTION 22
OF POSTSECONDARY EDU CATION BASED ON THE N UMBER OF ELIGIBLE RE CIPIENTS 23
ATTENDING EACH INSTI TUTION. 24
(3) IN FEBRUARY AND OCTOBER EACH YEAR , BEGINNING IN 2024, 25
EACH INSTITUTION OF POSTSECONDARY EDUCAT ION SHALL REPORT TO THE 26
COMMISSION THE NUMBER OF ELIGIBLE RECIPIEN TS ATTENDING THE INSTITUTION . 27
(4) THE COMMISSION SHALL ALLO CATE FUNDS FOR AWARD S TO 28
INSTITUTIONS OF POST SECONDARY EDUCATION ON VERIFICATION OF E LIGIBLE 29
RECIPIENTS ATTENDING THE INSTITUTIONS . 30
SENATE BILL 1188 7
(5) IF FUNDS CANNOT BE AL LOCATED IN THE FISCA L YEAR IN WHICH 1
AWARDS ARE MADE, PRIORITY SHALL BE GI VEN TO ALLOCATING FU NDS FOR THOSE 2
AWARDS IN THE IMMEDI ATELY FOLLOWING FISC AL YEAR. 3
(D) EACH RECIPIENT OF A S CHOLARSHIP UNDER THI S SUBTITLE MAY HOLD 4
THE AWARD FOR 5 YEARS OF FULL–TIME STUDY OR 8 YEARS OF PART–TIME STUDY. 5
(E) TO THE EXTENT PRACTIC ABLE, THE DEPARTMENT OF 6
TRANSPORTATION , A LOCAL DEPARTMENT O F TRANSPORTATION , OR A 7
CONTRACTOR THAT EMPL OYED FALLEN TRANSPOR TATION WORKERS SHALL 8
PROVIDE TO THE COMMISSION THE NAMES AND CONTACT INFORMAT ION FOR THE 9
FAMILIES OF THE FALL EN TRANSPORTATION WORKE RS. 10
18–4004. 11
(A) THERE IS A FALLEN TRANSPORTATION WORKERS SCHOLARSHIP 12
FUND. 13
(B) THE COMMISSION SHALL ADMI NISTER THE FUND. 14
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
(D) THE FUND CONSISTS OF : 19
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 20
(2) INTEREST EARNINGS ; AND 21
(3) ANY OTHER MONEY FROM ANY OTH ER SOURCE ACCEPTED B Y THE 22
COMMISSION FOR THE BE NEFIT OF THE FUND IN ACCORDANCE WITH S UBSECTION 23
(H) OF THIS SECTION. 24
(E) THE FUND MAY BE USED ONLY TO AWARD SCHOLARSHIP S UNDER THE 25
PROGRAM. 26
(F) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 29
THE FUND. 30 8 SENATE BILL 1188
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
WITH THE STATE BUDGET . 2
(H) THE COMMISSION: 3
(1) MAY ACCEPT ANY GIFT O R GRANT FROM ANY PER SON FOR THE 4
FUND; AND 5
(2) SHALL DEPOSIT ANY GIF T OR GRANT THAT IT R ECEIVES FOR THE 6
PROGRAM WITH THE STATE TREASURER. 7
(I) FUNDING FOR THE PROGRAM SHALL BE AS P ROVIDED IN THE STATE 8
BUDGET. 9
Article – Labor and Employment 10
8–611. 11
(a) For each employing unit, the Secretary shall keep an earned rating record that 12
shows all benefits that are based on covered employment that was performed for the 13
employing unit. 14
(k) (1) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 15
Secretary may waive the charge of benefits paid to a claimant against the earned rating 16
record of an employing unit if: 17
(i) the benefits are paid to the claimant during a period in which the 18
claimant is temporarily unemployed because the employing unit shut down due to a natural 19
disaster; and 20
(ii) the Governor declared a state of emergency due to the natural 21
disaster. 22
(2) If the Secretary waives the charge of benefits under paragraph (1) of this 23
subsection, the waiver may be in effect only until the earlier of: 24
(i) 4 months after the natural disaster; or 25
(ii) the date the employing unit reopens. 26
(3) THE SECRETARY SHALL WAIVE THE CHARGE OF BENEFI TS PAID TO 27
A CLAIMANT AGAINST T HE EARNED RATING RECORD OF AN EMPLOYING UNIT FOR 28
ANY CLAIM OF BENEFIT S IF: 29
SENATE BILL 1188 9
(I) THE CLAIM IS DETERMI NED BY THE SECRETARY TO BE 1
RELATED TO THE REDUC ED OPERATIONS OF THE PORT OF BALTIMORE DUE TO THE 2
COLLAPSE OF THE FRANCIS SCOTT KEY BRIDGE; AND 3
(II) THE EMPLOYING UNIT HAD N O DIRECT OR INDIRECT 4
CONTROL OVER THE ACT IONS LEADING TO THE DISRUPTION IN EMPLOY MENT. 5
8–903. 6
(a) (1) Except as otherwise provided in this section, to be eligible for benefits 7
an individual shall be: 8
(i) able to work; 9
(ii) available for work; and 10
(iii) actively seeking work. 11
(D) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, THE 12
SECRETARY MAY EXEMPT AN INDIVIDUAL FROM T HE WORK SEARCH REQUI REMENT 13
UNDER SUBSECTION (A)(1)(III) OF THIS SECTION DURING A STATE OF EM ERGENCY 14
DECLARED BY THE GOVERNOR IF THE INDIVIDUAL: 15
(1) IS TEMPORARILY LAID OFF FROM WORK AS A D IRECT RESULT OF 16
THE EVENT OR OCCURRE NCE LEADING TO THE STATE OF EMERGENCY THAT LED TO 17
THE GOVERNOR DECLARING A STATE OF EMERGENCY V IA EXECUTIVE ORDER 18
01.01.2024.09; AND 19
(2) REMAINS ABLE TO WORK AND AVAILABLE FOR WO RK IN 20
ACCORDANCE WITH THIS SECTION AND WORK –ATTACHED. 21
Article – State Finance and Procurement 22
6–226. 23
(a) (2) (i) Notwithstanding any other provision of law, and unless 24
inconsistent with a federal law, grant agreement, or other federal requirement or with the 25
terms of a gift or settlement agreement, net interest on all State money allocated by the 26
State Treasurer under this section to special funds or accounts, and otherwise entitled to 27
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 28
Fund of the State. 29
(ii) The provisions of subparagraph (i) of this paragraph do not apply 30
to the following funds: 31
10 SENATE BILL 1188
189. the Teacher Retention and Development Fund; [and] 1
190. the Protecting Against Hate Crimes Grant Fund; AND 2
191. THE FALLEN TRANSPORTATION WORKERS 3
SCHOLARSHIP FUND. 4
Article – Tax – General 5
10–207. 6
(a) To the extent included in federal adjusted gross income, the amounts under 7
this section are subtracted from the federal adjusted gross income of a resident to determine 8
Maryland adjusted gross income. 9
(PP) (1) IN THIS SUBSECTION , “BENEFIT PAYMENT ” MEANS A PAYMENT 10
THAT IS PROVIDED TO AN INDIVIDUAL OR THE FAMILY MEMBER OF AN INDIVIDUAL 11
AS A RESULT OF THE I NDIVIDUAL OR FAMILY MEMBER BEING INJURED OR KIL LED 12
IN THE COLLAPSE OF T HE FRANCIS SCOTT KEY BRIDGE ON MARCH 26, 2024. 13
(2) FOR A TAXABLE YEAR BE GINNING AFTER DECEMBER 31, 2023, 14
BUT BEFORE JANUARY 1, 2026, THE SUBTRACTION UNDE R SUBSECTION (A) OF THIS 15
SECTION INCLUDES THE AMOUNT OF ANY BENEFI T PAYMENT RECEIVED B Y AN 16
INDIVIDUAL. 17
10–208. 18
(a) In addition to the modification under § 10–207 of this subtitle, the amounts 19
under this section are subtracted from the federal adjusted gross income of a resident to 20
determine Maryland adjusted gross income. 21
(CC) FOR A TAXABLE YEAR BE GINNING AFTER DECEMBER 31, 2024, THE 22
SUBTRACTION UNDER SU BSECTION (A) OF THIS SECTION INCL UDES THE AMOUNT OF 23
TUITION ASSISTANCE P ROVIDED TO STUDENTS WHO ARE ELIGIBLE DEP ENDENTS OR 24
SURVIVING SPOUSES OF FALLEN TRANSPORTATIO N WORKERS IN ACCORDA NCE WITH 25
TITLE 18, SUBTITLE 40 OF THE EDUCATION ARTICLE. 26
13–203. 27
(c) Tax information may be disclosed to: 28
(14) a hospital, the Health Services Cost Review Commission, the 29
Department of Human Services, the Maryland Department of Health, and the State 30
Department of Education, to the extent necessary to administer § 19–214.4 of the Health – 31
General Article; [and] 32 SENATE BILL 1188 11
(15) subject to subsection (e) of this section, the Maryland Small Business 1
Retirement Savings Board and its authorized contractors for the purpose of administering 2
the Maryland Small Business Retirement Savings Program and Trust as authorized under 3
Title 12 of the Labor and Employment Article; AND 4
(16) THE MARYLAND DEPARTMENT OF LABOR AND THE MARYLAND 5
DEPARTMENT OF COMMERCE TO THE EXTEN T NECESSARY TO : 6
(I) ADMINISTER THE TEMPO RARY RELIEF PROGRAMS 7
ESTABLISHED UNDER CHAPTERS ___(S.B.1188/H.B.1526) OF THE ACTS OF THE 8
GENERAL ASSEMBLY OF 2024; OR 9
(II) DETECT AND PREVENT F RAUDULENT CLAIMS FOR RELIEF OR 10
AVOIDANCE OF REQUIRE D REPAYMENT UNDER TH E TEMPORARY RELI EF PROGRAMS . 11
Article – Transportation 12
3–101. 13
(a) In this title the following words have the meanings indicated. 14
(l) “Transportation facility” includes any one or more or combination of: 15
(1) Airport facilities; 16
(2) Highway facilities; 17
(3) Port facilities; 18
(4) Railroad facilities; and 19
(5) Transit facilities. 20
4–101. 21
(a) In this title the following words have the meanings indicated. 22
(h) “Transportation facilities project” includes: 23
(1) The Susquehanna River Bridge, the Harry W. N ice/Thomas “Mac” 24
Middleton Potomac River Bridge, the William Preston Lane, Jr. Memorial Chesapeake Bay 25
Bridge and parallel Chesapeake Bay Bridge, the Baltimore Harbor Tunnel, the Fort 26
McHenry Tunnel, the Francis Scott Key Bridge, and the John F. Kennedy Me morial 27
Highway, together with their appurtenant causeways, approaches, interchanges, entrance 28
plazas, toll stations, and service facilities; 29 12 SENATE BILL 1188
(2) A vehicle parking facility located in a priority funding area as defined 1
in § 5–7B–02 of the State Finance and Procurement Article; 2
(3) Any other project for transportation facilities that the Authority 3
authorizes to be acquired or constructed; and 4
(4) Any additions, improvements, or enlargements to any of these projects, 5
whenever authorized. 6
4–306. 7
(a) Except as provided in subsection (b) of this section, revenue bonds may be 8
issued by the Authority: 9
(1) Without obtaining the consent of any instrumentality, agency, or unit 10
of this State; and 11
(2) Without any proceedings or the happening of any conditions or things 12
other than those specifically required by this subtitle. 13
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, revenue bonds 14
secured by toll revenue may be issued in any amount as long as the aggregate outstanding 15
and unpaid principal balance of the revenue bonds secured by toll revenue and revenue 16
bonds of prior issues does not exceed [$3,000,000,000 or, in fiscal years 2015 through 2020, 17
$2,325,000,000,] $4,000,000,000 on June 30 of any year. 18
(ii) The maximum aggregate amount of revenue bonds that may be 19
outstanding and unpaid under subparagraph (i) of this paragraph shall be reduced by the 20
amount of: 21
1. Any loan extended to the State under the federal 22
Transportation Infrastructure Finance and Innovation Act; and 23
2. Any line of credit extended to the State under the federal 24
Transportation Infrastructure Finance and Innovation Act, to the extent the State draws 25
on the line of credit. 26
(2) Except as otherwise provided in this section and § 4–205 of this title, 27
without the approval of the General Assembly, the Authority may issue bonds to refinance 28
all or any part of the cost of a transportation facility project for which the Authority 29
previously issued bonds authorized under this subtitle. 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That: 32
SECTION 2. AND BE IT FURTHER ENACTED, That: 33 SENATE BILL 1188 13
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Closure Reduced operations of the Port” means a cessation in the 2
operations of or the inability to access the suspension of vessel traffic or the inability of 3
vessels to access the Port of Baltimore due to the collapse of the Francis Scott Key Bridge 4
on March 26, 2024. 5
(3) “Port” means the Port of Baltimore. 6
(b) Subject to subsection (e) of this section, if the President of the United States 7
does not declare a major disaster as a result of the collapse of the Francis Scott Key Bridge, 8
the Maryland Department of Labor, as soon as practicable, shall establish a temporary 9
relief program to provide assistance to individuals who: 10
(1) are Maryland–based and regularly performed paid work at the Port; 11
(2) are unable to perform the work through no fault of their own due to the 12
closure reduced operations of the Port; and 13
(3) (i) despite being able, available, and actively seeking work, are able 14
to work and available for work, but unable to find suitable work; and 15
(ii) 1. do not qualify for unemployment insurance benefits under 16
Title 8 of the Labor and Employment Article or any similar employer–provided benefit; or 17
2. qualify for an amount of unemployment insurance benefits 18
that is less than the individual’s earnings attributable to the individual’s employment at the 19
Port at the time the reduced operations of the Port began. 20
(4) (i) This paragraph does not apply to wages paid in covered 21
employment or to wages paid for employment by a disaster relief program using employment. 22
(ii) Notwithstanding § 8–803 of the Labor and Employment Article, 23
a payment to an individual under this subsection may not be included when computing the 24
wages required to be subtracted under § 8–803(d)(1)(iii) of the Labor and Employment 25
Article. 26
(c) (1) Subject to paragraph (2) paragraphs (2), (3), and (4) of this subsection 27
and subsection (e) of this section, the Department of Commerce Maryland Department of 28
Labor, as soon as practicable, shall establish a temporary relief grant program to provide 29
assistance to small businesses, labor unions, trade associations, or companies that contract 30
with or are members of a trade association: 31
(i) the operations of which: 32
1. rely on access to or the operation of the Port; and 33 14 SENATE BILL 1188
2. are substantially hindered or halted entirely due to the 1
closure reduced operations of the Port; 2
(ii) that, without the reopening return to full operations of the Port, 3
are unable to retain their Maryland–based workforce at the same hours, rates of pay, and 4
benefits in effect before the closure reduced operations of the Port; and 5
(iii) that are committed to continuing operations, to the fullest extent 6
practicable, at the Port once it reopens resumes full operations; and 7
(iv) that has its principal business operations located in the State or 8
will use any relief under the program established under this subsection for its workforce or 9
operations within the State. 10
(2) A small business, labor union, trade association, or company that 11
contracts with a trade association that receives relief under the program established under 12
this subsection shall, to the fullest extent practicable, use the relief to avoid layoffs and 13
maintain its workforce at the same hours, rates of pay, and benefits in effect before the 14
closure reduced operations of the Port. 15
(3) The Maryland Department of Labor shall, to the extent practicable: 16
(i) incorporate the work sharing unemployment insurance program 17
under Title 8, Subtitle 12 of the Labor and Employment Article in conjunction with, or as a 18
condition or an extension of, the temporary relief program established under this subsection; 19
or 20
(ii) substitute the work sharing unemployment insurance program 21
under Title 8, Subtitle 12 of the Labor and Employment Article for the temporary relief 22
program established under this subsection. 23
(4) (i) The program may use State funds to supplement federal funding 24
for worker retention grants to small businesses, labor unions, or trade associations. 25
(ii) The program may use federal funds only for worker retention 26
grants to entities that do not qualify as a small business, labor union, or trade association. 27
(d) Subject to subsection (e) of this section, the Department of Commerce, as soon 28
as practicable, shall establish a temporary relief program to provide assistance to 29
businesses: 30
(1) the operations or shipments of which: 31
(i) rely on the use of or access to the Port; 32
SENATE BILL 1188 15
(ii) are substantially hindered or halted entirely due to the closure 1
reduced operations of the Port; and 2
(iii) are subsequently diverted to other regional ports; and 3
(2) that are committed to continuing operations or shipments, to the fullest 4
extent practicable, at the Port once it reopens resumes full operations; and 5
(3) that have their principal business operations located in the State or that 6
will use any relief under the program established under this subsection for their operations 7
within the State. 8
(e) (1) The Maryland Department of Labor and the Department of Commerce: 9
(i) shall establish procedures and eligibility criteria for the 10
programs established under subsections (b) through (d) of this section, as applicable; and 11
(ii) may require individuals, businesses, labor unions, trade 12
associations, or companies that contract with or are members of a trade association to 13
provide information to determine eligibility under the programs. 14
(2) Any funds distributed under subsections (b) through (d) of this section 15
shall be distributed on or before June 30, 2025. 16
(2) In administering the temporary relief programs established under 17
subsections (b) through (d) of this section, the Maryland Department of Labor and the 18
Department of Commerce shall require an individual, business, trade association, or 19
company that is compensated through indemnification or other similar means for the same 20
purpose for which assistance is provided under the applicable program to repay any 21
monetary assistance received under the applicable program within 6 months after receipt 22
of the nonprogram compensation. 23
(3) The Maryland Department of Labor and the Department of Commerce 24
shall establish requirements regarding: 25
(i) the prompt filing of insurance claims related to the reduced 26
operations of the Port; and 27
(ii) notifications of payments agreed to be made or made as a result 28
of an insurance claim. 29
(4) (i) In accordance with program requirements, a business, a labor 30
union, a trade association, or a company that receives relief from a program established 31
under this section shall reimburse the Maryland Department of Labor or the Department 32
of Commerce, whichever is applicable, for monetary assistance received under the 33
applicable relief program within 6 months after the receipt of proceeds from an insurance 34
claim or other funds. 35 16 SENATE BILL 1188
(ii) The Maryland Department of Labor and the Department of 1
Commerce shall: 2
1. be subrogated to the cause of action of any business, labor 3
union, trade association, or company against a business, a labor union, a trade association, 4
or a company arising out of reduced operations of the Port to the extent of any monetary 5
assistance received under the applicable relief program; and 6
2. A. have a lien on the proceeds of any insurance claim 7
filed in relation to the reduced operations of the Port from the time that the business, labor 8
union, trade association, or company receives monetary assistance from the applicable 9
relief program; and 10
B. be entitled to advise any carrier with which the insurance 11
claim has been filed of the rights and interest in the insurance proceeds. 12
(3) (5) The In addition to the rights established under paragraph (4) of this 13
subsection, the Maryland Department of Labor and the Department of Commerce may 14
make an assessment or use other reasonable means of collection against an individual, 15
business, labor union, trade association, or company to recapture any amounts owed: 16
(i) due to misappropriation, overpayment, or fraud; or 17
(ii) in accordance with paragraph (2) (4) of this subsection. 18
(6) To carry out the programs established under subsections (b) through (d) 19
of this section, on request and subject to applicable federal and State law, a unit of State or 20
local government shall provide to the Maryland Department of Labor and the Department 21
of Commerce information relevant to determining the identity and eligibility of an 22
applicant of a program for the purpose of preventing and combating fraud. 23
(f) (1) Notwithstanding § 7–311(i) of the State Finance and Procurement 24
Article, after providing the Legislative Policy Committee at least 7 days to review and 25
comment, the Governor may transfer by budget amendment any amounts necessary 26
increments not greater than $25,000,000 to fund and administer the temporary relief 27
programs established under subsections (b) through (d) of this section from the existing 28
fund balances within the Maryland Department of Labor and the Department of Commerce 29
or the Revenue Stabilization Account established under § 7–311 of the State Finance and 30
Procurement Article to: 31
(i) for the program programs established under subsection (b) 32
subsections (b) and (c) of this section, the expenditure account of the Maryland Department 33
of Labor; or 34
(ii) for the program established under subsection (c) (d) of this 35
section, the expenditure account of the Department of Commerce; or 36 SENATE BILL 1188 17
(iii) for the program established under subsection (d) of this section, 1
the Economic Development Opportunities Program Account established under § 7–314 of 2
the State Finance and Procurement Article. 3
(2) (i) The Governor shall provide monthly reports to the Legislative 4
Policy Committee, in accordance with § 2–1257 of the State Government Article, on funds 5
distributed under this subsection from the Revenue Stabilization Account established under 6
§ 7–311 of the State Finance and Procurement Article and funds distributed under Executive 7
Order 01.01.2024.11. 8
(ii) The reports required under subparagraph (i) of this paragraph 9
shall include: 10
1. a full accounting of all federal and State funds provided 11
for assistance for the immediately preceding month and in total, in the aggregate and 12
disaggregated by program and by recipient of assistance in each program including 13
jurisdiction of each recipient; 14
2. a delineation of assistance paid, loans distributed, and 15
loans forgiven or uncollectible by each recipient of assistance for the immediately preceding 16
month and in total; 17
3. a description of actions taken by State agencies in relation 18
to expenditures of federal and State assistance, including outreach efforts and requirements 19
the State has placed on the distribution of funds, if any; 20
4. a description of actions taken by businesses with assistance 21
provided under this Act, including how the funds are being used to assist the business and 22
workers impacted by reduced operations of the Port; 23
5. a description of layoffs, if any, undertaken by businesses 24
that received assistance under this Act; and 25
6. a description of plans to allocate any remaining balance. 26
(iii) If the Legislative Policy Committee requests, the Governor shall 27
provide a briefing to the Legislative Policy Committee on funds distributed under this section 28
from the Revenue Stabilization Account established under § 7–311 of the State Finance and 29
Procurement Article. 30
(3) A copy of the budget amendment shall be sent to the Senate Finance 31
Committee and the House Economic Matters Committee. 32
(2) (4) (i) It is the intent of the General Assembly that,: 33
18 SENATE BILL 1188
(i) if Except as otherwise provided in this section, federal funds 1
become made available for any purpose for which a program is established under this Act, 2
the federal funds may shall be used to: 3
(i) 1. supplant, rather than supplement, any funds otherwise 4
used for the programs established under this Act; and 5
(ii) 2. to the extent authorized by federal law, reimburse the 6
Revenue Stabilization Account, established under § 7–311 of the State Finance and 7
Procurement Article, for any funds transferred under paragraph (1) of this subsection; and. 8
(ii) the The Maryland Department of Labor and the Department of 9
Commerce shall prioritize the use of existing and available budgetary resources before 10
requesting funds be transferred from the Revenue Stabilization Account. 11
(5) Unspent funds distributed under this subsection from the Revenue 12
Stabilization Account established under § 7–311 of the State Finance and Procurement 13
Article shall revert back to the Revenue Stabilization Account. 14
(6) Funds received by the State from a lawsuit or, in the instance of a 15
subrogation claim, that are related to the collapse of the Francis Scott Key Bridge shall be 16
deposited in the Revenue Stabilization Account established under § 7–311 of the State 17
Finance and Procurement Article. 18
(3) (7) Notwithstanding any other provision of law, the Maryland 19
Department of Labor and the Department of Commerce may transfer available funding 20
from their existing programs and special funds to support the programs established under 21
subsections (b) through (d) of this section. 22
(g) The Attorney General shall: 23
(1) pursue all available options, including filing actions against the 24
applicable parties, to recover for the State all possible economic damages arising from the 25
closure of the Port and the collapse of the Francis Scott Key Bridge; and 26
(2) beginning July 1, 2024, and each month thereafter until all available 27
options pursued under item (1) of this subsection are exhausted or resolved, report to the 28
General Assembly, in accordance with § 2–1257 of the State Government Article, on the 29
status of pursuing and recovering the economic damages. 30
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 31
measure, is necessary for the immediate preservation of the public health or safety, has 32
been passed by a yea and nay vote supported by three–fifths of all the members elected to 33
each of the two Houses of the General Assembly, and shall take effect from the date it is 34
enacted. 35