EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0725* SENATE BILL 725 C7 5lr3202 By: Senator Ellis Introduced and read first time: January 27, 2025 Assigned to: Budget and Taxation A BILL ENTITLED AN ACT concerning 1 Charles County – Gaming – Video Lottery Operation License and Video Lottery 2 Terminals 3 FOR the purpose of authorizing the awarding of an additional video lottery operation 4 license and a certain number of additional video lottery terminals for a video lottery 5 facility at a certain location in Charles County; authorizing the Governor to 6 reconstitute the Video Lottery Facility Location Commission for a certain purpose; 7 submitting this Act to a referendum of the qualified voters of the State; and generally 8 relating to video lottery operation licenses and video lottery terminals in Charles 9 County. 10 BY repealing and reenacting, without amendments, 11 Article – State Government 12 Section 9–1A–02(d) 13 Annotated Code of Maryland 14 (2021 Replacement Volume and 2024 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – State Government 17 Section 9–1A–05(a) and 9–1A–36(f), (h)(1), (i)(1), (r)(1), and (t) 18 Annotated Code of Maryland 19 (2021 Replacement Volume and 2024 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – State Government 23 9–1A–02. 24 (d) Only a person with a video lottery operation license issued under this subtitle 25 2 SENATE BILL 725 may offer a video lottery terminal and table games for public use in the State under this 1 subtitle. 2 9–1A–05. 3 (a) The Video Lottery Facility Location Commission established under § 9–1A–36 4 of this subtitle may not: 5 (1) award more than [six] SEVEN video lottery operation licenses; 6 (2) award more than [16,500] 18,000 video lottery terminals for operation 7 at video lottery facilities in the State; 8 (3) subject to the requirements of § 9–1A–36(h) and (i) of this subtitle, 9 award more than 4,750 terminals for operation at any video lottery facility; and 10 (4) for a location in Allegany County: 11 (i) award a video lottery operation license to an applicant that does 12 not agree to purchase the Rocky Gap Lodge and Resort; and 13 (ii) notwithstanding § 9–1A–36(i)(2) of this subtitle, award more 14 than 1,500 video lottery terminals for operation at a video lottery facility in Allegany 15 County. 16 9–1A–36. 17 (f) The Video Lottery Facility Location Commission may award not more than 18 [six] SEVEN video lottery operation licenses to qualified applicants, through a competitive 19 process consistent with the process for competitive sealed proposals under Title 13 of the 20 State Finance and Procurement Article. 21 (h) (1) In order to qualify for a video lottery operation license under this 22 section, a proposed video lottery facility shall be located in one of the following counties: 23 (i) a location in Anne Arundel County, within 2 miles of MD Route 24 295; 25 (ii) a location in Cecil County, within 2 miles of Interstate 95; 26 (iii) a location on State property associated with the Rocky Gap State 27 Park in Allegany County; 28 (iv) a location in Worcester County, within 1 mile of the intersection 29 of Route 50 and Route 589; 30 (v) a location in Baltimore City that is: 31 SENATE BILL 725 3 1. located: 1 A. in a nonresidential area; 2 B. within one–half mile of Interstate 95; 3 C. within one–half mile of MD Route 295; and 4 D. on property that is owned by Baltimore City on the date 5 on which the application for a video lottery operation license is submitted; and 6 2. not adjacent to or within one–quarter mile of property that 7 is: 8 A. zoned for residential use; and 9 B. used for a residential dwelling on the date the application 10 for a video lottery operation license is submitted; [or] 11 (vi) a location in Prince George’s County within a 4–mile radius of 12 the intersection of Bock Road and St. Barnabas Road; OR 13 (VII) SUBJECT TO § 16–105 OF THE ENVIRONMENT ARTICLE, A 14 LOCATION IN CHARLES COUNTY ON A VESSEL ON THE POTOMAC RIVER THAT CAN 15 BE ACCESSED BY THE PIER IN COLONIAL BEACH, VIRGINIA. 16 (i) (1) Except as provided in paragraphs (2) and (3) of this subsection, the 17 Video Lottery Facility Location Commission may not allocate more than the following 18 number of video lottery terminals for: 19 (i) a location in Anne Arundel County – 4,750 video lottery 20 terminals; 21 (ii) a location in Baltimore City – 3,750 video lottery terminals; 22 (iii) a location in Cecil County – 2,500 video lottery terminals; 23 (IV) A LOCATION IN CHARLES COUNTY – 1,500 VIDEO LOTTERY 24 TERMINALS; 25 [(iv)] (V) a location in Prince George’s County – 3,000 video lottery 26 terminals; 27 [(v)] (VI) a location in Rocky Gap State Park (Allegany County) –28 1,500 video lottery terminals; and 29 4 SENATE BILL 725 [(vi)] (VII) a location in Worcester County – 2,500 video lottery 1 terminals. 2 (r) (1) Nothing in this subtitle may be construed to require the Video Lottery 3 Facility Location Commission to award all [six] SEVEN video lottery operation licenses 4 authorized under this subtitle. 5 (t) (1) Except as provided in paragraph (2) of this subsection, the Video 6 Lottery Facility Location Commission shall terminate on January 1, 2015. 7 (2) The Governor may reconstitute the Video Lottery Facility Location 8 Commission, which shall include the appointment of new members based on the criteria 9 established under subsections (b) and (c) of this section: 10 (i) one year prior to the expiration of a video lottery operation 11 license; [or] 12 (ii) following the revocation or surrender of a video lottery operation 13 license; OR 14 (III) FOR THE PURPOSE OF A WARDING A VIDEO LOTT ERY 15 OPERATION LICENSE IN CHARLES COUNTY. 16 SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of Section 1 of 17 this Act authorize the Video Lottery Facility Location Commission to award one video 18 lottery operation license in Charles County with the authorization subject to a referendum 19 of the qualified voters of Maryland as provided in Section 3 of this Act. 20 SECTION 3. AND BE IT FURTHER ENACTED, That before this Act, which 21 authorizes the additional forms or expansion of commercial gaming, becomes effective, it 22 shall first be submitted to a referendum of the qualified voters of the State at the general 23 election to be held in November 2026, in accordance with Article XIX, § 1(e) of the Maryland 24 Constitution. The State Board of Elections shall do those things necessary and proper to 25 provide for and hold the referendum required by this section. If a majority of the votes cast 26 on the question are “For the referred law”, this Act shall become effective on the 30th day 27 following the official canvass of votes for the referendum, but if a majority of the votes cast 28 on the question are “Against the referred law”, this Act, with no further action required by 29 the General Assembly, shall be null and void. 30 SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 31 Act and for the sole purpose of providing for the referendum required by Section 3 of this 32 Act, this Act shall take effect July 1, 2025. 33