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<section article="gsg" article_name="State Government" number="9-1A-10" title_number="9" title_name="Miscellaneous Executive Agencies" subtitle_number="1A" subtitle_name="Video Lottery Terminals">
  <level label="a">
    <level label="1">
      <text>The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of the State Finance and Procurement Article are incorporated in this section.</text>
    </level>
    <level label="2">
      <text>To the extent practicable and authorized by the United States Constitution, a licensee shall comply with the State’s Minority Business Enterprise Program.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>An applicant or a licensee is subject to:</text>
        <level label="1">
          <text>the requirement to put forth a good faith effort to meet the minority business participation goal established for a unit by the Special Secretary for the Office of Small, Minority, and Women Business Affairs under § 14–302(a)(1)(ii) of the State Finance and Procurement Article; and</text>
        </level>
        <level label="2">
          <text>any other corresponding provisions of law under Title 14, Subtitle 3 of the State Finance and Procurement Article.</text>
        </level>
      </level>
      <level label="ii">
        <text>The minority business participation goal shall apply to:</text>
        <level label="1">
          <text>construction related to video lottery terminals; and</text>
        </level>
        <level label="2">
          <text>procurement related to the operation of video lottery terminals, including procurement of equipment and ongoing services.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>If the county in which a video lottery facility will be located has higher minority business participation requirements than the State as described in paragraph (1) of this subsection, the applicant shall meet the county’s minority business participation requirements to the extent possible.</text>
    </level>
    <level label="3">
      <text>A county in which a video lottery facility will be located may impose local business, local minority business participation, and local hiring requirements to the extent authorized by local law and permitted by the United States Constitution.</text>
    </level>
    <level label="4">
      <text>Any collective bargaining agreement or agreements, including a project labor agreement or a neutrality agreement, entered into by an applicant or licensee may not negate the requirements of this subsection.</text>
    </level>
    <level label="5">
      <text>If an applicant for employment at a video lottery facility believes that the applicant has been discriminated against in the employment process, the applicant may appeal the employment decision to the local human relations board in the county where the facility is located.</text>
    </level>
    <level label="6">
      <text>Notwithstanding any collective bargaining agreement or agreements, a licensee shall:</text>
      <level label="i">
        <text>provide health insurance coverage for its employees; and</text>
      </level>
      <level label="ii">
        <text>give a preference to hiring qualified employees from the communities within 10 miles of the video lottery facility.</text>
      </level>
    </level>
    <level label="7">
      <text>A licensee shall:</text>
      <level label="i">
        <text>provide retirement benefits for its employees; and</text>
      </level>
      <level label="ii">
        <text>if the licensee is a racetrack licensee, provide retirement benefits to its video lottery operation employees that are equivalent to the level of benefits provided to the racetrack employees who are eligible under the Maryland Racetrack Employees Pension Fund.</text>
      </level>
    </level>
    <level label="8">
      <text>Notwithstanding any collective bargaining agreement or agreements, if the licensee is a racetrack location, the licensee shall provide health insurance coverage to all employees of the racetrack, including the employees of the racetrack on the backstretch of the racetrack.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Commission shall ensure that a video lottery operation licensee complies with the requirements of subsection (b)(1) and (2) of this section as a condition of holding the video lottery operation license.</text>
    </level>
    <level label="2">
      <text>The Office of Small, Minority, and Women Business Affairs shall monitor a licensee’s compliance with subsection (b)(1) and (2) of this section.</text>
    </level>
    <level label="3">
      <text>The Office of Small, Minority, and Women Business Affairs shall report to the Commission at least every 6 months on the compliance of licensees with subsection (b)(1) and (2) of this section.</text>
    </level>
    <level label="4">
      <text>If the Office of Small, Minority, and Women Business Affairs reports that a licensee is not in compliance with subsection (b)(1) and (2) of this section, the Commission may take immediate action to ensure the compliance of the licensee.</text>
    </level>
  </level>
  <level label="d">
    <text>On or after July 1, 2031, the provisions of subsections (b)(1) and (2) and (c) of this section and any regulations adopted under subsections (b)(1) and (2) and (c) of this section shall be of no effect and may not be enforced.</text>
  </level>
</section>
