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