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. *sb0378* SENATE BILL 378 M4, C8 2lr2299 CF HB 646 By: Senator Jackson Senators Jackson, Bailey, Elfreth, Griffith, and Rosapepe Introduced and read first time: January 21, 2022 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 15, 2022 CHAPTER ______ AN ACT concerning 1 Tri–County Council for Southern Maryland – Funding for Southern Maryland 2 Agricultural Development Commission 3 FOR the purpose of requiring the Governor to appropriate a certain amount to the 4 Tri–County Council for Southern Maryland from the Cigarette Restitution Fund in 5 certain fiscal years; requiring the funds appropriated under this Act to be used for 6 the purpose of funding certain activities of the Southern Maryland Agricultural 7 Development Commission; and generally relating to the Tri–County Council for 8 Southern Maryland. 9 BY repealing and reenacting, without amendments, 10 Article – Economic Development 11 Section 13–601 12 Annotated Code of Maryland 13 (2018 Replacement Volume and 2021 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Economic Development 16 Section 13–611 17 Annotated Code of Maryland 18 (2018 Replacement Volume and 2021 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – State Finance and Procurement 21 Section 7–114(b), 7–118(b)(2), and 7–317(f) 22 2 SENATE BILL 378 Annotated Code of Maryland 1 (2021 Replacement Volume) 2 BY repealing and reenacting, without amendments, 3 Article – State Finance and Procurement 4 Section 7–317(a) 5 Annotated Code of Maryland 6 (2021 Replacement Volume) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – Economic Development 10 13–601. 11 (a) In this subtitle the following words have the meanings indicated. 12 (b) “Commissioners” means the Board of County Commissioners of Calvert 13 County, Charles County, or St. Mary’s County, respectively. 14 (c) “Council” means the Tri–County Council for Southern Maryland. 15 (d) “Executive Director” means the Executive Director of the Council. 16 (e) “Plan” means a regional plan that the Council prepares for the region. 17 (f) “Region” means Calvert, Charles, and St. Mary’s counties. 18 13–611. 19 (a) The State and Calvert, Charles, and St. Mary’s counties may jointly finance 20 the Council and its activities. 21 (b) (1) The State may provide financial support to the Council to assist in 22 carrying out the activities of the Council. 23 (2) (i) On or before August 1 of each year, the Council shall submit its 24 proposed work programs and operating budget for the following fiscal year to the 25 Department. 26 (ii) The submission shall include supporting schedules to show how 27 the budget is financed, and to provide for review and recommendations. 28 (iii) After review, the Department shall forward the submission and 29 any recommendations to the Department of Budget and Management for consideration. 30 SENATE BILL 378 3 (3) (I) The Governor shall include in the State budget for the following 1 fiscal year an appropriation to partially support the Council. 2 (II) 1. FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 3 THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 4 APPROPRIATION OF $900,000 TO THE COUNCIL FROM THE CIGARETTE 5 RESTITUTION FUND ESTABLISHED UNDE R § 7–317 OF THE STATE FINANCE AND 6 PROCUREMENT ARTICLE. 7 2. THE COUNCIL SHALL USE FUN DS APPROPRIATED 8 FROM THE CIGARETTE RESTITUTION FUND FOR THE PURPOSE OF FUNDING THE 9 ACTIVITIES OF THE SOUTHERN MARYLAND AGRICULTURAL DEVELOPMENT 10 COMMISSION. 11 3. THE APPROPRIATION REQ UIRED UNDER 12 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE IN ADDITION TO, AND MAY 13 NOT SUPPLANT , ANY FUNDING APPROPRI ATED TO THE COUNCIL. 14 (c) (1) The county commissioners of Calvert, Charles, and St. Mary’s counties 15 shall appropriate money each year for the Council to foster cooperative planning and 16 development in the region as follows: 17 (i) Calvert County – $125,000; 18 (ii) Charles County – $125,000; and 19 (iii) St. Mary’s County – $125,000. 20 (2) Calvert, Charles, and St. Mary’s counties may appropriate any other 21 money for the Council as they consider necessary and appropriate. 22 (d) The Council may accept additional money from any other public or private 23 source. 24 Article – State Finance and Procurement 25 7–114. 26 (b) Each budget bill shall contain a separate section that includes the 27 appropriation for: 28 (1) each Component of the Tobacco Program; 29 (2) each Component of the Cancer Program; [and] 30 4 SENATE BILL 378 (3) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 1 ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE; AND 2 (4) any other program that is funded with money from the Cigarette 3 Restitution Fund established under § 7–317 of this title. 4 7–118. 5 (b) (2) The budget books shall contain a budget presentation that provides an 6 overview of the proposed expenditures for: 7 (i) the Tobacco Program, including the proposed expenditures for: 8 1. each Component of the Tobacco Program; 9 2. each program funded under each Component of the 10 Tobacco Program; and 11 3. each Local Public Health Tobacco Grant; 12 (ii) the Cancer Program, including the proposed expenditures for: 13 1. each Component of the Cancer Program; 14 2. each program funded under each Component of the Cancer 15 Program; 16 3. each Local Public Health Cancer Grant; 17 4. each statewide Academic Health Center Public Health 18 Grant; 19 5. each statewide Academic Health Center Cancer Research 20 Grant; 21 6. each statewide Academic Health Center Tobacco–Related 22 Diseases Research Grant; and 23 7. each statewide Academic Health Center Network Grant; 24 [and] 25 (iii) THE TRI–COUNTY COUNCIL FOR SOUTHERN MARYLAND, IN 26 ACCORDANCE WITH § 13–611 OF THE ECONOMIC DEVELOPMENT ARTICLE, 27 INCLUDING PROPOSED E XPENDITURES FOR THE SOUTHERN MARYLAND 28 AGRICULTURAL DEVELOPMENT COMMISSION; AND 29 SENATE BILL 378 5 (IV) any other program that is funded with the Cigarette Restitution 1 Fund established under § 7–317 of this title. 2 7–317. 3 (a) There is a Cigarette Restitution Fund. 4 (f) (1) The Cigarette Restitution Fund shall be used to fund: 5 (i) the Tobacco Use Prevention and Cessation Program established 6 under Title 13, Subtitle 10 of the Health – General Article; 7 (ii) the Cancer Prevention, Education, Screening, and Treatment 8 Program established under Title 13, Subtitle 11 of the Health – General Article; [and] 9 (iii) THE ACTIVITIES OF TH E SOUTHERN MARYLAND 10 AGRICULTURAL DEVELOPMENT COMMISSION, IN ACCORDANCE WITH § 13–611 OF 11 THE ECONOMIC DEVELOPMENT ARTICLE; AND 12 (IV) other programs that serve the following purposes: 13 1. reduction of the use of tobacco products by individuals 14 under the age of 21 years; 15 2. implementation of the Southern Maryland Regional 16 Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 17 Maryland with an emphasis on alternative crop uses for agricultural land now used for 18 growing tobacco; 19 3. public and school education campaigns to decrease tobacco 20 use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 21 promoting cigarette and tobacco products; 22 4. smoking cessation programs; 23 5. enforcement of the laws regarding tobacco sales; 24 6. the purposes of the Maryland Health Care Foundation 25 under Title 20, Subtitle 5 of the Health – General Article; 26 7. primary health care in rural areas of the State and areas 27 targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 28 products; 29 6 SENATE BILL 378 8. prevention, treatment, and research concerning cancer, 1 heart disease, lung disease, tobacco product use, and tobacco control, including operating 2 costs and related capital projects; 3 9. substance abuse treatment and prevention programs; and 4 10. any other public purpose. 5 (2) The provisions of this subsection may not be construed to affect the 6 Governor’s powers with respect to a request for an appropriation in the annual budget bill. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8 1, 2022. 9 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.