MD. State Government Code Ann. §  9-1A-10 (2021)
2021 Maryland Statutes|State Government|Title 9 - Miscellaneous Executive Agencies|Subtitle 1A - Video Lottery Terminals|Section 9-1A-10 - Minority Business Requirements; Employment Requirements

    (a)    (1)    (i)    An applicant or a licensee is subject to:                1.    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                2.    any other corresponding provisions of law under Title 14, Subtitle 3 of the State Finance and Procurement Article.            (ii)    The minority business participation goal shall apply to:                1.    construction related to video lottery terminals; and                2.    procurement related to the operation of video lottery terminals, including procurement of equipment and ongoing services.        (2)    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.        (3)    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.        (4)    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.        (5)    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.        (6)    Notwithstanding any collective bargaining agreement or agreements, a licensee shall:            (i)    provide health insurance coverage for its employees; and            (ii)    give a preference to hiring qualified employees from the communities within 10 miles of the video lottery facility.        (7)    A licensee shall:            (i)    provide retirement benefits for its employees; and            (ii)    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.        (8)    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.    (b)    (1)    The Commission shall ensure that a video lottery operation licensee complies with the requirements of subsection (a)(1) and (2) of this section as a condition of holding the video lottery operation license.        (2)    The Governor’s Office of Small, Minority, and Women Business Affairs shall monitor a licensee’s compliance with subsection (a)(1) and (2) of this section.        (3)    The Governor’s 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 (a)(1) and (2) of this section.        (4)    If the Governor’s Office of Small, Minority, and Women Business Affairs reports that a licensee is not in compliance with subsection (a)(1) and (2) of this section, the Commission may take immediate action to ensure the compliance of the licensee.    (c)    On or after July 1, 2023, the provisions of subsections (a)(1) and (2) and (b) of this section and any regulations adopted under subsections (a)(1) and (2) and (b) of this section shall be of no effect and may not be enforced.