Maryland 2022 2022 Regular Session

Maryland House Bill HB1450 Engrossed / Bill

Filed 03/18/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *hb1450*  
  
HOUSE BILL 1450 
F5, Q4   	2lr3240 
      
By: Delegates McIntosh, Atterbeary, B. Barnes, and Washington 
Introduced and read first time: February 23, 2022 
Assigned to: Rules and Executive Nominations 
Re–referred to: Appropriations, February 27, 2022 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 11, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Blueprint for Maryland’s Future – Implementation Plans and Fund – Alterations 2 
 
FOR the purpose of expanding the uses for certain grants under the Concentration of 3 
Poverty Grant Program; requiring the State Department of Education to collect 4 
certain data and submit a certain report on or before a certain date; altering certain 5 
dates for the development, adoption, and submission of certain plans to implement 6 
the Blueprint for Maryland’s Future; altering the date by which criteria to evaluate 7 
certain implementation plans must be developed; requiring the Accountability and 8 
Implementation Board to release certain funds withheld from a local school system 9 
for a certain fiscal year if a certain condition is met; altering the distribution of 10 
certain sales and use tax revenues to the Blueprint for Maryland’s Future Fund; 11 
authorizing certain entities or programs to retain the unspent portion of a certain 12 
appropriation for a certain fiscal year; and generally relating to the Blueprint for 13 
Maryland’s Future.  14 
 
BY repealing and reenacting, without amendments, 15 
 Article – Education 16 
 Section 5–206(a) and 5–405(a) 17 
 Annotated Code of Maryland 18 
 (2018 Replacement Volume and 2021 Supplement) 19 
 
BY repealing and reenacting, with amendments, 20 
 Article – Education 21  2 	HOUSE BILL 1450  
 
 
 Section 5–206(f)(1) and, 5–223(c)(4) and (9), 5–404(a) and (b), 5–405(b) and (c), and 1 
 7–205.1(e)(1)(i) 2 
 Annotated Code of Maryland 3 
 (2018 Replacement Volume and 2021 Supplement) 4 
 
BY adding to 5 
 Article – Education 6 
 Section 5–223(g)(3) 7 
 Annotated Code of Maryland 8 
 (2018 Replacement Volume and 2021 Supplement)  9 
 
BY repealing and reenacting, with amendments, 10 
 Article – Education 11 
 Section 5–404(c) 12 
 Annotated Code of Maryland 13 
 (2018 Replacement Volume and 2021 Supplement) 14 
 (As enacted by Chapters 55 and 147 of the Acts of the General Assembly of 2021) 15 
 
BY repealing and reenacting, with amendments, 16 
 Article – Tax – General 17 
Section 2–1302.1  18 
 Annotated Code of Maryland 19 
 (2016 Replacement Volume and 2021 Supplement) 20 
 (As enacted by Chapter 9 of the Acts of the General Assembly of the 2021 Special 21 
Session)  22 
 
BY repealing and reenacting, with amendments, 23 
 Article – Tax – General 24 
Section 2–1303 25 
 Annotated Code of Maryland 26 
 (2016 Replacement Volume and 2021 Supplement) 27 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 
That the Laws of Maryland read as follows: 29 
 
Article – Education 30 
 
5–206. 31 
 
 (a) In this section, “Fund” means the Blueprint for Maryland’s Future Fund. 32 
 
 (f) The Fund consists of: 33 
 
 (1) Revenue distributed to the Fund under Title 9, Subtitles 1D and 1E of 34 
the State Government Article and §§ 2–4A–02, 2–605.1, [2–1302.1,] and 2–1303 of the Tax 35 
– General Article; 36 
   	HOUSE BILL 1450 	3 
 
 
5–223. 1 
 
 (c) (4) If the personnel grant provided to an eligible school exceeds the cost to 2 
employ the positions and provide the coverage required under paragraph (2) of this 3 
subsection, the eligible school may only use the excess funds to: 4 
 
 (i) Provide wraparound services to the students enrolled in the 5 
eligible school; 6 
 
 (ii) Complete the needs assessment; and 7 
 
 (iii) In fiscal years 2021 [and 2022] THROUGH 2025, provide the 8 
requirements under COMAR TITLE 13A, SUBTITLE 04, INCLUDING 13A.04.16.01. 9 
 
 (9) The personnel and per pupil grant may be used through fiscal year 10 
[2025] 2027 to provide the programs required under COMAR TITLE 13A, SUBTITLE 04, 11 
INCLUDING 13A.04.16.01. 12 
 
 (g) (3) ON OR BEFORE DECEMBER 1, 2022, THE DEPARTMENT SHALL :  13 
 
 (I) COLLECT THE DATA NECE SSARY TO IMPLEMENT T HE 14 
NEIGHBORHOOD POVERTY INDICATOR METHODOLOG Y RECOMMENDED BY THE 15 
DEPARTMENT TO CALCULA TE THE COMPENSATORY EDUCATION FORMULA UN DER § 16 
5–222 OF THIS SUBTITLE AND THE CONCENTRATION OF POVERTY SCHOOL GRANTS 17 
UNDER THIS SE CTION; AND  18 
 
 (II) SUBMIT A REPORT TO TH E GENERAL ASSEMBLY, IN 19 
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 20 
ACCOUNTABILITY AND IMPLEMENTATION BOARD, AND THE DEPARTMENT OF 21 
BUDGET AND MANAGEMENT .  22 
 
5–404. 23 
 
 (a) (1) The Board shall develop a Comprehensive Implementation Plan to 24 
implement the Blueprint for Maryland’s Future, considering any input provided by 25 
interested stakeholders in the State. 26 
 
 (2) The Comprehensive Implementation Plan shall include a timeline for 27 
implementation of the Blueprint for Maryland’s Future with key milestones to be achieved 28 
by each State or local government unit required to implement an element of the Blueprint 29 
for Maryland’s Future for each year of the implementation period. 30 
 
 (3) The Comprehensive Implementation Plan shall include the intended 31 
outcomes that the Blueprint for Maryland’s Future will achieve. 32 
  4 	HOUSE BILL 1450  
 
 
 (4) (i) The Comprehensive Implementation Plan shall be adopted by 1 
the Board no later than [February 15, 2022] DECEMBER 1, 2022. 2 
 
 (ii) Any changes to the Comprehensive Implementation Plan shall 3 
be adopted by the Board no later than August 1 of each year. 4 
 
 (b) (1) The Board shall adopt guidelines for entities required to submit and 5 
carry out implementation plans under this section that include establishing a maximum 6 
page length, including appendices, for implementation plans. 7 
 
 (2) State and local government units responsible for implementing an 8 
element of the Blueprint for Maryland’s Future shall develop implementation plans 9 
consistent with the Comprehensive Implementation Plan that describe the goals, 10 
objectives, and strategies that will be used to improve student achievement and meet the 11 
Blueprint for Maryland’s Future recommendations for each segment of the student 12 
population. 13 
 
 (3) (i) [After February 15, 2022, and no later than April 1, 2022] ON 14 
OR BEFORE SEPTEMBER 1, 2022, the Department shall develop criteria to be used to 15 
recommend approval or disapproval of local school system implementation plans and 16 
release of funds under this subtitle. 17 
 
 (ii) The criteria shall be submitted for approval to the Board. 18 
 
 (c) (1) (i) 1. Except as provided in subsubparagraph 2 of this 19 
subparagraph, each unit responsible for developing an implementation plan under this 20 
section shall submit the plan to the Board for approval on or before [June 15, 2022] MARCH 21 
15, 2023. 22 
 
 2. The Juvenile Services Education Program Superintendent 23 
shall submit the plan to the Board for approval on or before June 15, 2023. 24 
 
 (ii) Each local school system shall submit a copy of its plan to the 25 
Department for review and a recommendation of approval or disapproval. 26 
 
 (2) Governmental units shall submit implementation plans on elements of 27 
the Blueprint for Maryland’s Future under this subsection, including: 28 
 
 (i) Plans from each local school system to implement each element 29 
of the Blueprint for Maryland’s Future, including how to: 30 
 
 1. Adapt curriculum, instruction, and the organization of the 31 
school day to enable more students to achieve college and career readiness by the end of 32 
10th grade, to provide students with needed services including community–partnered 33 
behavioral health services if appropriate, and to identify students who are falling behind 34 
and develop a plan to get them back on track; 35 
   	HOUSE BILL 1450 	5 
 
 
 2. Close student achievement gaps listed under § 1 
5–408(a)(2)(i) of this subtitle within the local school system; 2 
 
 3. Avoid the disproportionate placement of students with 3 
particular racial, ethnic, linguistic, economic, or disability status characteristics with 4 
novice teachers or teachers providing instruction in fields in which they lack expertise; and 5 
 
 4. Use additional funds for teacher collaborative time in 6 
accordance with Title 6, Subtitle 10 of this article prioritized based on availability of a 7 
sufficient number of high–quality teachers; 8 
 
 (ii) The joint plan of the Department and the Maryland Higher 9 
Education Commission for teacher preparation and training that meets the requirements 10 
under Title 6 of this article; 11 
 
 (iii) A plan from the Department for the expansion and coordination 12 
of Judy Centers under § 5–230 of this title and a plan for the expansion of  13 
community–based family support centers under Title 9.5, Subtitle 10 of this article; 14 
 
 (iv) The Department’s plan for selection, assembly, and deployment 15 
of expert review teams under § 5–411 of this subtitle; 16 
 
 (v) The Department’s plan for implementing the teacher career 17 
ladder and training Maryland teachers, school leaders, and administrators under Title 6, 18 
Subtitle 10 of this article; 19 
 
 (vi) The Career and Technical Education Committee plan for 20 
developing rigorous CTE pathways under § 21–207 of this article; 21 
 
 (vii) Plans from each local school system on proposed memoranda of 22 
understanding for prekindergarten in accordance with § 7–1A–05 of this article; 23 
 
 (viii) A plan from the Juvenile Services Education Program 24 
Superintendent on the proposed education of juveniles under Title 9, Subtitle 6 of the 25 
Human Services Article; and 26 
 
 (ix) Any other implementation plans the Board determines are 27 
necessary. 28 
 
 (3) An implementation plan submitted to the Board for approval under this 29 
section shall be: 30 
 
 (i) Consistent with the developed guidelines and, if applicable, the 31 
approved criteria under subsection (b) of this section; and 32 
 
 (ii) Concise and focused on the measures taken and the measures to 33 
be taken to implement and achieve the Blueprint’s goals. 34  6 	HOUSE BILL 1450  
 
 
 
 (4) A responsible government unit shall amend the implementation plan 1 
until it is approved by the Board. 2 
 
5–405. 3 
 
 (a) Subject to the judgment of the Board and in accordance with this section, each 4 
fiscal year a portion of the increase in the State share of major education aid, as defined in 5 
§ 5–201 of this title, over the amount provided in the prior fiscal year shall be withheld 6 
from public schools and local school systems. 7 
 
 (b) Except as otherwise provided in this section, beginning in fiscal year 2023, 8 
25% of the increase in the State share of major education aid over the amount provided in 9 
the [current] PRIOR fiscal year shall be automatically withheld from a local school system 10 
for the next fiscal year. 11 
 
 (c) (1) FOR FISCAL YEAR 2023, THE BOARD SHALL RELEASE F UNDS 12 
WITHHELD UNDER THIS SECTION IF THE BOARD FINDS THAT A LO CAL SCHOOL 13 
SYSTEM HAS MET THE M INIMUM GUIDELINES FO R THE SUBMISSION OF THE INITIAL 14 
IMPLEMENTATION PLAN UNDER § 5–404 OF THIS SUBTITLE.  15 
 
 (2) Beginning in fiscal year [2023] 2024 and ending in fiscal year 2025, the 16 
Board shall release funds withheld under this section each year if the Board finds that a 17 
local school system or public school: 18 
 
 [(1)] (I) Has developed an initial implementation plan under § 5–404 of 19 
this subtitle; and 20 
 
 [(2)]  (II) Has received approval for its initial implementation plan and for 21 
any subsequent modifications. 22 
 
7–205.1. 23 
 
 (e) (1) (i) Each county board, in collaboration with the community colleges, 24 
shall develop and implement by the [2022–2023] 2023–2024 school year a program of 25 
study for students who have not met the CCR standard by the end of the 10th grade.  26 
 
Article – Tax – General 27 
 
2–1302.1. 28 
 
 After making the distributions required under §§ 2–1301 and 2–1302 of this subtitle, 29 
of the sales and use tax collected[:  30 
 
 (1)] under § 11–104(c) and (c–1) of this article on short–term vehicle rentals 31 
and peer–to–peer car sharing, the Comptroller shall distribute: 32   	HOUSE BILL 1450 	7 
 
 
 
 [(i)] (1) 45% to the Transportation Trust Fund established under 1 
§ 3–216 of the Transportation Article; and 2 
 
 [(ii)] (2) the remainder to the Chesapeake and Atlantic Coastal 3 
Bays 2010 Trust Fund[; and 4 
 
 (2) on the sale or use of a digital product or digital code under Title 11 of 5 
this article the Comptroller shall distribute 100% to the Blueprint for Maryland’s Future 6 
Fund established under § 5–206 of the Education Article]. 7 
 
2–1303. 8 
 
 [(a)] After making the distributions required under §§ 2–1301 through 2–1302.1 of 9 
this subtitle, the Comptroller shall pay: 10 
 
 (1) revenues from the hotel surcharge into the Dorchester County 11 
Economic Development Fund established under § 10–130 of the Economic Development 12 
Article; 13 
 
 (2) [subject to subsection (b) of this section,] to the Blueprint for 14 
Maryland’s Future Fund established under [§ 5–219] § 5–206 of the Education Article, 15 
[revenues collected and remitted by] THE FOLLOWING PERCEN TAGE OF THE 16 
REMAINING SALES AND USE TAX REVENUES : 17 
 
 [(i) a marketplace facilitator; or 18 
 
 (ii) a person that engages in the business of an out–of–state vendor 19 
and that is required to collect and remit sales and use tax as specified in COMAR 20 
03.06.01.33B(5);] 21 
 
 (I) FOR FISCAL YEAR 2023, 12.3%; 22 
 
 (II) FOR FISCAL YEAR 2024, 12.5%; 23 
 
 (III) FOR FISCAL YEAR 2025, 12.9%; 24 
 
 (IV) FOR FISCAL YEAR 2026, 13.3%; AND 25 
 
 (V) FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR 26 
THEREAFTER , 13.8%; and 27 
 
 (3) the remaining sales and use tax revenue into the General Fund of the 28 
State. 29 
  8 	HOUSE BILL 1450  
 
 
 [(b) For each fiscal year, the Comptroller shall pay into the General Fund of the 1 
State the first $100,000,000 of revenues collected and remitted by: 2 
 
 (1) a marketplace facilitator; or 3 
 
 (2) a person that engages in the business of an out–of–state vendor and 4 
that is required to collect and remit sales and use tax as specified in COMAR 5 
03.06.01.33B(5).] 6 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That any entity or program that 7 
receives a supplementary appropriation under Section 6 of Chapter 356 of the Acts of the 8 
General Assembly of 2021 may retain any special funds received for the implementation of 9 
the Blueprint for Maryland’s Future, as defined in § 5–401 of the Education Article, that 10 
were not spent in fiscal year 2022.  11 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12 
1, 2022.  13 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.