Maryland 2022 Regular Session

Maryland House Bill HB646 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0646*
96
107 HOUSE BILL 646
118 M4, C8 2lr2753
129 CF SB 378
1310 By: Delegates Proctor and R. Jones
1411 Introduced and read first time: January 31, 2022
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: April 2, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Tri–County Council for Southern Maryland – Funding for Southern Maryland 2
2519 Agricultural Development Commission 3
2620
2721 FOR the purpose of requiring the Governor to appropriate a certain amount to the 4
2822 Tri–County Council for Southern Maryland from the Cigarette Restitution Fund in 5
2923 certain fiscal years; requiring the funds appropriated under this Act to be used for 6
3024 the purpose of funding certain activities of the Southern Maryland Agricultural 7
3125 Development Commission; and generally relating to the Tri–County Council for 8
3226 Southern Maryland. 9
3327
3428 BY repealing and reenacting, without amendments, 10
3529 Article – Economic Development 11
3630 Section 13–601 12
3731 Annotated Code of Maryland 13
3832 (2018 Replacement Volume and 2021 Supplement) 14
3933
4034 BY repealing and reenacting, with amendments, 15
4135 Article – Economic Development 16
4236 Section 13–611 17
4337 Annotated Code of Maryland 18
4438 (2018 Replacement Volume and 2021 Supplement) 19
4539
4640 BY repealing and reenacting, with amendments, 20
4741 Article – State Finance and Procurement 21
48-Section 7–114(b), 7–118(b)(2), and 7–317(f) 22 2 HOUSE BILL 646
42+Section 7–114(b), 7–118(b)(2), and 7–317(f) 22
43+ Annotated Code of Maryland 23
44+ (2021 Replacement Volume) 24
45+
46+BY repealing and reenacting, without amendments, 25
47+ Article – State Finance and Procurement 26
48+Section 7–317(a) 27 2 HOUSE BILL 646
4949
5050
5151 Annotated Code of Maryland 1
5252 (2021 Replacement Volume) 2
5353
54-BY repealing and reenacting, without amendments, 3
55- Article – State Finance and Procurement 4
56-Section 7–317(a) 5
57- Annotated Code of Maryland 6
58- (2021 Replacement Volume) 7
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5956
60- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61-That the Laws of Maryland read as follows: 9
57+Article – Economic Development 5
6258
63-Article – Economic Development 10
59+13–601. 6
6460
65-13–601. 11
61+ (a) In this subtitle the following words have the meanings indicated. 7
6662
67- (a) In this subtitle the following words have the meanings indicated. 12
63+ (b) “Commissioners” means the Board of County Commissioners of Calvert 8
64+County, Charles County, or St. Mary’s County, respectively. 9
6865
69- (b) “Commissioners” means the Board of County Commissioners of Calvert 13
70-County, Charles County, or St. Mary’s County, respectively. 14
66+ (c) “Council” means the Tri–County Council for Southern Maryland. 10
7167
72- (c) “Council” means the Tri–County Council for Southern Maryland. 15
68+ (d) “Executive Director” means the Executive Director of the Council. 11
7369
74- (d) “Executive Director” means the Executive Director of the Council. 16
70+ (e) “Plan” means a regional plan that the Council prepares for the region. 12
7571
76- (e) “Plan” means a regional plan that the Council prepares for the region. 17
72+ (f) “Region” means Calvert, Charles, and St. Mary’s counties. 13
7773
78- (f) “Region” means Calvert, Charles, and St. Mary’s counties. 18
74+13–611. 14
7975
80-13–611. 19
76+ (a) The State and Calvert, Charles, and St. Mary’s counties may jointly finance 15
77+the Council and its activities. 16
8178
82- (a) The State and Calvert, Charles, and St. Mary’s counties may jointly finance 20
83-the Council and its activities. 21
79+ (b) (1) The State may provide financial support to the Council to assist in 17
80+carrying out the activities of the Council. 18
8481
85- (b) (1) The State may provide financial support to the Council to assist in 22
86-carrying out the activities of the Council. 23
82+ (2) (i) On or before August 1 of each year, the Council shall submit its 19
83+proposed work programs and operating budget for the following fiscal year to the 20
84+Department. 21
8785
88- (2) (i) On or before August 1 of each year, the Council shall submit its 24
89-proposed work programs and operating budget for the following fiscal year to the 25
90-Department. 26
86+ (ii) The submission shall include supporting schedules to show how 22
87+the budget is financed, and to provide for review and recommendations. 23
9188
92- (ii) The submission shall include supporting schedules to show how 27
93-the budget is financed, and to provide for review and recommendations. 28
89+ (iii) After review, the Department shall forward the submission and 24
90+any recommendations to the Department of Budget and Management for consideration. 25
9491
95- (iii) After review, the Department shall forward the submission and 29
96-any recommendations to the Department of Budget and Management for consideration. 30
97- HOUSE BILL 646 3
92+ (3) (I) The Governor shall include in the State budget for the following 26
93+fiscal year an appropriation to partially support the Council. 27
94+
95+ (II) 1. FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 28
96+THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 29
97+APPROPRIATION OF $900,000 TO THE COUNCIL FROM THE CIGARETTE 30 HOUSE BILL 646 3
9898
9999
100- (3) (I) The Governor shall include in the State budget for the following 1
101-fiscal year an appropriation to partially support the Council. 2
100+RESTITUTION FUND ESTABLISHED UNDE R § 7–317 OF THE STATE FINANCE AND 1
101+PROCUREMENT ARTICLE. 2
102102
103- (II) 1. FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 3
104-THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 4
105-APPROPRIATION OF $900,000 TO THE COUNCIL FROM THE CIGARETTE 5
106-RESTITUTION FUND ESTABLISHED UNDE R § 7–317 OF THE STATE FINANCE AND 6
107-PROCUREMENT ARTICLE. 7
103+ 2. THE COUNCIL SHALL USE FUN DS APPROPRIATED 3
104+FROM THE CIGARETTE RESTITUTION FUND FOR THE PURPOSE OF FUNDING THE 4
105+ACTIVITIES OF THE SOUTHERN MARYLAND AGRICULTURAL DEVELOPMENT 5
106+COMMISSION. 6
108107
109- 2. THE COUNCIL SHALL USE FUN DS APPROPRIATED 8
110-FROM THE CIGARETTE RESTITUTION FUND FOR THE PURPOSE OF FUNDING THE 9
111-ACTIVITIES OF THE SOUTHERN MARYLAND AGRICULTURAL DEVELOPMENT 10
112-COMMISSION. 11
108+ 3. THE APPROPRIATION REQ UIRED UNDER 7
109+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE IN ADDITION TO, AND MAY 8
110+NOT SUPPLANT , ANY FUNDING APPROPRI ATED TO THE COUNCIL. 9
113111
114- 3. THE APPROPRIATION REQ UIRED UNDER 12
115-SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE IN ADDITION TO, AND MAY 13
116-NOT SUPPLANT , ANY FUNDING APPROPRI ATED TO THE COUNCIL. 14
112+ (c) (1) The county commissioners of Calvert, Charles, and St. Mary’s counties 10
113+shall appropriate money each year for the Council to foster cooperative planning and 11
114+development in the region as follows: 12
117115
118- (c) (1) The county commissioners of Calvert, Charles, and St. Mary’s counties 15
119-shall appropriate money each year for the Council to foster cooperative planning and 16
120-development in the region as follows: 17
116+ (i) Calvert County – $125,000; 13
121117
122- (i) Calvert County – $125,000; 18
118+ (ii) Charles County – $125,000; and 14
123119
124- (ii) Charles County – $125,000; and 19
120+ (iii) St. Mary’s County – $125,000. 15
125121
126- (iii) St. Mary’s County – $125,000. 20
122+ (2) Calvert, Charles, and St. Mary’s counties may appropriate any other 16
123+money for the Council as they consider necessary and appropriate. 17
127124
128- (2) Calvert, Charles, and St. Mary’s counties may appropriate any other 21
129-money for the Council as they consider necessary and appropriate. 22
125+ (d) The Council may accept additional money from any other public or private 18
126+source. 19
130127
131- (d) The Council may accept additional money from any other public or private 23
132-source. 24
128+Article – State Finance and Procurement 20
133129
134-Article – State Finance and Procurement 25
130+7–114. 21
135131
136-7–114. 26
132+ (b) Each budget bill shall contain a separate section that includes the 22
133+appropriation for: 23
137134
138- (b) Each budget bill shall contain a separate section that includes the 27
139-appropriation for: 28
135+ (1) each Component of the Tobacco Program; 24
140136
141- (1) each Component of the Tobacco Program; 29
137+ (2) each Component of the Cancer Program; [and] 25
142138
143- (2) each Component of the Cancer Program; [and] 30
144- 4 HOUSE BILL 646
139+ (3) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 26
140+ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE; AND 27
141+
142+ (4) any other program that is funded with money from the Cigarette 28
143+Restitution Fund established under § 7–317 of this title. 29
144+
145+7–118. 30 4 HOUSE BILL 646
145146
146147
147- (3) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 1
148-ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE; AND 2
149148
150- (4) any other program that is funded with money from the Cigarette 3
151-Restitution Fund established under § 7–317 of this title. 4
149+ (b) (2) The budget books shall contain a budget presentation that provides an 1
150+overview of the proposed expenditures for: 2
152151
153-7–118. 5
152+ (i) the Tobacco Program, including the proposed expenditures for: 3
154153
155- (b) (2) The budget books shall contain a budget presentation that provides an 6
156-overview of the proposed expenditures for: 7
154+ 1. each Component of the Tobacco Program; 4
157155
158- (i) the Tobacco Program, including the proposed expenditures for: 8
156+ 2. each program funded under each Component of the 5
157+Tobacco Program; and 6
159158
160- 1. each Component of the Tobacco Program; 9
159+ 3. each Local Public Health Tobacco Grant; 7
161160
162- 2. each program funded under each Component of the 10
163-Tobacco Program; and 11
161+ (ii) the Cancer Program, including the proposed expenditures for: 8
164162
165- 3. each Local Public Health Tobacco Grant; 12
163+ 1. each Component of the Cancer Program; 9
166164
167- (ii) the Cancer Program, including the proposed expenditures for: 13
165+ 2. each program funded under each Component of the Cancer 10
166+Program; 11
168167
169- 1. each Component of the Cancer Program; 14
168+ 3. each Local Public Health Cancer Grant; 12
170169
171- 2. each program funded under each Component of the Cancer 15
172-Program; 16
170+ 4. each statewide Academic Health Center Public Health 13
171+Grant; 14
173172
174- 3. each Local Public Health Cancer Grant; 17
173+ 5. each statewide Academic Health Center Cancer Research 15
174+Grant; 16
175175
176- 4. each statewide Academic Health Center Public Health 18
177-Grant; 19
176+ 6. each statewide Academic Health Center Tobacco–Related 17
177+Diseases Research Grant; and 18
178178
179- 5. each statewide Academic Health Center Cancer Research 20
180-Grant; 21
179+ 7. each statewide Academic Health Center Network Grant; 19
180+[and] 20
181181
182- 6. each statewide Academic Health Center Tobacco–Related 22
183-Diseases Research Grant; and 23
182+ (iii) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 21
183+ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE, 22
184+INCLUDING PROPOSED E XPENDITURES FOR THE SOUTHERN MARYLAND 23
185+AGRICULTURAL DEVELOPMENT COMMISSION; AND 24
184186
185- 7. each statewide Academic Health Center Network Grant; 24
186-[and] 25
187+ (IV) any other program that is funded with the Cigarette Restitution 25
188+Fund established under § 7–317 of this title. 26
187189
188- (iii) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 26
189-ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE, 27
190-INCLUDING PROPOSED E XPENDITURES FOR THE SOUTHERN MARYLAND 28
191-AGRICULTURAL DEVELOPMENT COMMISSION; AND 29
190+7–317. 27
191+
192+ (a) There is a Cigarette Restitution Fund. 28
192193 HOUSE BILL 646 5
193194
194195
195- (IV) any other program that is funded with the Cigarette Restitution 1
196-Fund established under § 7–317 of this title. 2
196+ (f) (1) The Cigarette Restitution Fund shall be used to fund: 1
197197
198-7–317. 3
198+ (i) the Tobacco Use Prevention and Cessation Program established 2
199+under Title 13, Subtitle 10 of the Health – General Article; 3
199200
200- (a) There is a Cigarette Restitution Fund. 4
201+ (ii) the Cancer Prevention, Education, Screening, and Treatment 4
202+Program established under Title 13, Subtitle 11 of the Health – General Article; [and] 5
201203
202- (f) (1) The Cigarette Restitution Fund shall be used to fund: 5
204+ (iii) THE ACTIVITIES OF TH E SOUTHERN MARYLAND 6
205+AGRICULTURAL DEVELOPMENT COMMISSION, IN ACCORDANCE WITH § 13–611 OF 7
206+THE ECONOMIC DEVELOPMENT ARTICLE; AND 8
203207
204- (i) the Tobacco Use Prevention and Cessation Program established 6
205-under Title 13, Subtitle 10 of the Health – General Article; 7
208+ (IV) other programs that serve the following purposes: 9
206209
207- (ii) the Cancer Prevention, Education, Screening, and Treatment 8
208-Program established under Title 13, Subtitle 11 of the Health – General Article; [and] 9
210+ 1. reduction of the use of tobacco products by individuals 10
211+under the age of 21 years; 11
209212
210- (iii) THE ACTIVITIES OF TH E SOUTHERN MARYLAND 10
211-AGRICULTURAL DEVELOPMENT COMMISSION, IN ACCORDANCE WITH § 13–611 OF 11
212-THE ECONOMIC DEVELOPMENT ARTICLE; AND 12
213+ 2. implementation of the Southern Maryland Regional 12
214+Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 13
215+Maryland with an emphasis on alternative crop uses for agricultural land now used for 14
216+growing tobacco; 15
213217
214- (IV) other programs that serve the following purposes: 13
218+ 3. public and school education campaigns to decrease tobacco 16
219+use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 17
220+promoting cigarette and tobacco products; 18
215221
216- 1. reduction of the use of tobacco products by individuals 14
217-under the age of 21 years; 15
222+ 4. smoking cessation programs; 19
218223
219- 2. implementation of the Southern Maryland Regional 16
220-Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 17
221-Maryland with an emphasis on alternative crop uses for agricultural land now used for 18
222-growing tobacco; 19
224+ 5. enforcement of the laws regarding tobacco sales; 20
223225
224- 3. public and school education campaigns to decrease tobacco 20
225-use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 21
226-promoting cigarette and tobacco products; 22
226+ 6. the purposes of the Maryland Health Care Foundation 21
227+under Title 20, Subtitle 5 of the Health – General Article; 22
227228
228- 4. smoking cessation programs; 23
229+ 7. primary health care in rural areas of the State and areas 23
230+targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 24
231+products; 25
229232
230- 5. enforcement of the laws regarding tobacco sales; 24
233+ 8. prevention, treatment, and research concerning cancer, 26
234+heart disease, lung disease, tobacco product use, and tobacco control, including operating 27
235+costs and related capital projects; 28
231236
232- 6. the purposes of the Maryland Health Care Foundation 25
233-under Title 20, Subtitle 5 of the Health – General Article; 26
237+ 9. substance abuse treatment and prevention programs; and 29
234238
235- 7. primary health care in rural areas of the State and areas 27
236-targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 28
237-products; 29
238- 6 HOUSE BILL 646
239+ 10. any other public purpose. 30
239240
240-
241- 8. prevention, treatment, and research concerning cancer, 1
242-heart disease, lung disease, tobacco product use, and tobacco control, including operating 2
243-costs and related capital projects; 3
244-
245- 9. substance abuse treatment and prevention programs; and 4
246-
247- 10. any other public purpose. 5
248-
249- (2) The provisions of this subsection may not be construed to affect the 6
250-Governor’s powers with respect to a request for an appropriation in the annual budget bill. 7
251-
252- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
253-1, 2022. It shall remain effective for a period of 3 years and, at the end of June 30, 2025, 9
254-this Act, with no further action required by the General Assembly, shall be abrogated and 10
255-of no further force and effect. 11
241+ (2) The provisions of this subsection may not be construed to affect the 31
242+Governor’s powers with respect to a request for an appropriation in the annual budget bill. 32 6 HOUSE BILL 646
256243
257244
258245
246+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
247+1, 2022. 2
259248
260-
261-Approved:
262-________________________________________________________________________________
263- Governor.
264-________________________________________________________________________________
265- Speaker of the House of Delegates.
266-________________________________________________________________________________
267- President of the Senate.