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<section article="gsg" article_name="State Government" number="9-1A-29" title_number="9" title_name="Miscellaneous Executive Agencies" subtitle_number="1A" subtitle_name="Video Lottery Terminals">
  <level label="a">
    <text>There is a Racetrack Facility Renewal Account under the authority of the State Racing Commission.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The Account shall receive money as required under § 9–1A–27 of this subtitle for the first 16 years of operations at each video lottery facility.</text>
    </level>
    <level label="2">
      <text>Money in the Account shall be invested and reinvested by the Treasurer and interest and earnings shall accrue to the Account.</text>
    </level>
    <level label="3">
      <text>The Comptroller shall:</text>
      <level label="i">
        <text>account for the Account; and</text>
      </level>
      <level label="ii">
        <text>on a properly approved transmittal prepared by the State Racing Commission, issue a warrant to pay out money from the Account in the manner provided under this section.</text>
      </level>
    </level>
    <level label="4">
      <text>The Account is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text>
    </level>
    <level label="5">
      <text>Expenditures from the Account shall only be made on a properly approved transmittal prepared by the State Racing Commission as provided under subsection (c) of this section.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, the State Racing Commission may use the services of a certified public accountant to review an eligible request for or the expenditures of a grant under this section.</text>
      </level>
      <level label="ii">
        <text>A racing licensee that has requested a grant under this section shall reimburse the State Racing Commission for any expenditures for services under subparagraph (i) of this paragraph.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Except as provided in subsection (d)(1) of this section, funds from the Account shall be used to provide a grant to the racing licensee for racetrack facility capital construction and improvements.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>The amount of funds made available from the Racetrack Facility Renewal Account shall be allocated as follows:</text>
      <level label="i">
        <level label="1">
          <text>for fiscal year 2021, 80% to be deposited in the Racing and Community Development Facilities Fund established under § 10–657.3 of the Economic Development Article; and</text>
        </level>
        <level label="2">
          <text>for fiscal year 2022 and thereafter, 80% to the State Lottery Fund established under § 9–120 of this title; and</text>
        </level>
      </level>
      <level label="ii">
        <text>subject to paragraph (2) of this subsection, 20% to Rosecroft Raceway and Ocean Downs Race Course according to a formula established in regulations adopted by the State Racing Commission.</text>
      </level>
    </level>
    <level label="2">
      <text>Of the amount available to Rosecroft Raceway from the Racetrack Facility Renewal Account under paragraph (1)(ii) of this subsection:</text>
      <level label="i">
        <text>the unencumbered fund balance, including accrued interest, existing as of June 30, 2020, shall be transferred to the Racing and Community Development Facilities Fund established under § 10–646.3 of the Economic Development Article; and</text>
      </level>
      <level label="ii">
        <text>subject to paragraph (3) of this subsection, for fiscal year 2021 and each fiscal year thereafter, $200,000 shall be transferred annually to Employ Prince George’s, Inc. for workforce development and small, minority, and women–owned business development.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>It is the intent of the General Assembly that the funds transferred to Employ Prince George’s, Inc. shall supplement, and not supplant, funds otherwise available for Employ Prince George’s, Inc.</text>
      </level>
      <level label="ii">
        <text>If Employ Prince George’s, Inc. is unable to expend the funds transferred under paragraph (2)(ii) of this subsection during the 12–month period after which Employ Prince George’s, Inc. received the funds, Employ Prince George’s, Inc. shall partner with similar organizations located within Prince George’s County to expend the balance of the funds from that period to encourage workforce development and small, minority, and women–owned business development.</text>
      </level>
    </level>
    <level label="4">
      <text>For fiscal year 2026, the Governor shall include in the annual budget bill an appropriation of $4,500,000 to the Racetrack Facility Renewal Account to be made available to Rosecroft Raceway.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>In order to obtain a grant, a racing licensee shall submit a capital construction plan to be completed within a specified time frame to the State Racing Commission for approval.</text>
    </level>
    <level label="2">
      <text>Subject to § 9–1A–09(a)(1)(ii) of this subtitle and the approval of the grant for the capital construction plan by the State Racing Commission, the racing licensee may provide and expend a matching fund.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>After a grant has been provided under this section, the State Racing Commission shall:</text>
      <level label="i">
        <text>in consultation with the Department of General Services, monitor the implementation of the approved capital construction plan;</text>
      </level>
      <level label="ii">
        <text>on written request from the grantee, in consultation with the Department of General Services, certify in writing that the grantee has completed the approved capital construction plan; and</text>
      </level>
      <level label="iii">
        <text>make provisions for recapture of grant money if the capital construction plan is not completed within the time frame approved by the State Racing Commission.</text>
      </level>
    </level>
    <level label="2">
      <text>If a racing licensee receives a grant for a capital construction plan without expending a matching fund and does not complete the capital construction plan or conduct live racing days in the State for at least 10 years after the construction plan is complete, the State Racing Commission shall:</text>
      <level label="i">
        <text>if the racing licensee does not conduct live racing days in the State for at least 10 years after the construction plan is complete, calculate the amount to be repaid on a pro rata basis and recapture the grant money; or</text>
      </level>
      <level label="ii">
        <text>recapture the grant money.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>Any unencumbered funds remaining in the Racetrack Facility Renewal Account after the last video lottery facility to open has been in operation for 16 years shall be paid to the Education Trust Fund established under § 9–1A–30 of this subtitle.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>The State Racing Commission shall adopt regulations to implement the provisions of this section, including regulations to:</text>
      <level label="i">
        <text>address minimum criteria for the types of improvements to be made by the racing licensee;</text>
      </level>
      <level label="ii">
        <text>establish a formula to allocate funds under subsection (d)(2) of this section between Rosecroft Raceway and Ocean Downs Race Course; and</text>
      </level>
      <level label="iii">
        <text>establish guidelines for a racing licensee that requests a grant for a capital construction plan without expending a matching fund.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>If Rosecroft Raceway is closed and no longer used for live racing, 75% of the unencumbered fund balance, including accrued interest, of the amount available to Rosecroft Raceway from the Racetrack Facility Renewal Account under subsection (d)(1)(ii) of this section shall be made available to Ocean Downs Race Course.</text>
      </level>
      <level label="ii">
        <text>If Ocean Downs Race Course is closed and no longer used for live racing, 75% of the unencumbered fund balance, including accrued interest, of the amount available to Ocean Downs from the Racetrack Facility Renewal Account under subsection (d)(1)(ii) of this section shall be made available to Rosecroft Raceway.</text>
      </level>
    </level>
  </level>
  <level label="i">
    <text>The provisions of this section may not be construed to apply to the racecourse in Allegany County.</text>
  </level>
</section>
