(i) owned or leased by the Commission; and

(ii) under the control of the Commission.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, each video lottery terminal device and the associated equipment and software shall be owned or leased by the video lottery facility.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, for a video lottery facility located in Allegany County or Worcester County, each video lottery terminal device and the associated equipment and software shall be owned or leased by the video lottery facility after March 31, 2020.

2. A video lottery facility located in Allegany County or Worcester County may apply to the Commission for permission to assume ownership or the right to lease each video lottery terminal device used by the facility.

(iii) For a video lottery facility located in Anne Arundel County or Cecil County, the Commission shall own each video lottery terminal device and the associated equipment and software through March 31, 2015.

(3) The savings that are attributable to requiring video lottery facilities to own or lease the video lottery terminals and associated equipment and software shall be appropriated to the Education Trust Fund established under § 9-1A-30 of this subtitle in the year in which the spending would have otherwise occurred.

(b) Subject to the Commission’s ability to cancel or alter the contract in the event one or more eligible applicants for a video lottery facility fail to obtain a license, the Commission shall contract with one or more licensed manufacturers for the lease or purchase of the video lottery terminals, central monitor and control system, and associated equipment and software authorized under this subtitle.

(c) (1) The Commission shall adopt regulations governing the sale or lease of video lottery terminals by the Commission under this subtitle.

(2) The Commission may adopt regulations to provide incentives to licensed manufacturers based on the performance of the manufacturers’ video lottery terminals.

(d) The Commission shall establish a process enabling a licensee and the Commission to select video lottery terminals from a list approved by the Commission, subject to available funds, for use in the licensee’s video lottery facility.