MD
Maryland Senate Bill SB556

Maryland 2023 Regular Session

Maryland Senate Bill SB556 Compare Versions

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1- WES MOORE, Governor Ch. 644
21
3-– 1 –
4-Chapter 644
5-(Senate Bill 556)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0556*
810
9-Maryland Community Health Resources Commission – Compensation of
10-Employees and Funding
11+SENATE BILL 556
12+J1, P4 (3lr2604)
13+ENROLLED BILL
14+— Budget and Taxation/Appropriations —
15+Introduced by Senator Guzzone
1116
12-FOR the purpose of authorizing the Maryland Community Health Resources Commission,
13-in consultation with the Secretary of Health, to set the compensation of certain
14-Commission employees; requiring the Secretary of Budget and Management, in
15-consultation with the Secretary of Health, to determine the positions for which the
16-Commission may set compensation; specifying that the Community Health Resources
17-Commission Fund includes money from the Cigarette Restitution Fund, appropriated
18-in a certain manner; and generally relating to the Maryland Community Health
19-Resources Commission and employee compensation.
17+Read and Examined by Proofreaders:
2018
21-BY repealing and reenacting, with amendments,
22- Article – Health – General
23-Section 19–2106
24- Annotated Code of Maryland
25- (2019 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2623
27-BY repealing and reenacting, without amendments,
28- Article – Health – General
29- Section 19–2201(b)
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3225
33-BY repealing and reenacting, with amendments,
34- Article – Health – General
35- Section 19–2201(d)
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2022 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3827
39-BY repealing and reenacting, without amendments,
40- Article – State Finance and Procurement
41- Section 7–317(a)
42- Annotated Code of Maryland
43- (2021 Replacement Volume and 2022 Supplement)
28+______________________________________________
29+President.
4430
45-BY repealing and reenacting, with amendments,
46- Article – State Finance and Procurement
47- Section 7–317(f) and (g)
48- Annotated Code of Maryland
49- (2021 Replacement Volume and 2022 Supplement) Ch. 644 2023 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
33+AN ACT concerning 1
5234
53- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
54-That the Laws of Maryland read as follows:
35+Maryland Community Health Resources Commission – Compensation of 2
36+Employees and Funding 3
5537
56-Article – Health – General
38+FOR the purpose of authorizing the Maryland Community Health Resources Commission, 4
39+in consultation with the Secretary of Health, to set the compensation of certain 5
40+Commission employees; requiring the Secretary of Budget and Management, in 6
41+consultation with the Secretary of Health, to determine the positions for which the 7
42+Commission may set compensation; specifying that the Community Health Resources 8
43+Commission Fund includes money from the Cigarette Restitution Fund, appropriated 9
44+in a certain manner; and generally relating to the Maryland Community Health 10
45+Resources Commission and employee compensation. 11
5746
58-19–2106.
47+BY repealing and reenacting, with amendments, 12
48+ Article – Health – General 13
49+Section 19–2106 14 2 SENATE BILL 556
5950
60- (a) (1) A majority of the full authorized membership of the Commission is a
61-quorum.
6251
63- (2) The decision of the Commission shall be by a majority of the quorum
64-present and voting.
52+ Annotated Code of Maryland 1
53+ (2019 Replacement Volume and 2022 Supplement) 2
6554
66- (b) The Commission shall meet at least six times a year, at the times and places
67-that it determines.
55+BY repealing and reenacting, without amendments, 3
56+ Article – Health – General 4
57+ Section 19–2201(b) 5
58+ Annotated Code of Maryland 6
59+ (2019 Replacement Volume and 2022 Supplement) 7
6860
69- (c) A member of the Commission is entitled to:
61+BY repealing and reenacting, with amendments, 8
62+ Article – Health – General 9
63+ Section 19–2201(d) 10
64+ Annotated Code of Maryland 11
65+ (2019 Replacement Volume and 2022 Supplement) 12
7066
71- (1) Compensation in accordance with the State budget; and
67+BY repealing and reenacting, without amendments, 13
68+ Article – State Finance and Procurement 14
69+ Section 7–317(a) 15
70+ Annotated Code of Maryland 16
71+ (2021 Replacement Volume and 2022 Supplement) 17
7272
73- (2) Reimbursement for expenses under the Standard State Travel
74-Regulations, as provided in the State budget.
73+BY repealing and reenacting, with amendments, 18
74+ Article – State Finance and Procurement 19
75+ Section 7–317(f) and (g) 20
76+ Annotated Code of Maryland 21
77+ (2021 Replacement Volume and 2022 Supplement) 22
7578
76- (d) (1) The Commission may employ a staff in accordance with the State
77-budget.
79+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
80+That the Laws of Maryland read as follows: 24
7881
79- (2) The Commission, in consultation with the Secretary, shall determine
80-the appropriate job classifications and grades for all staff.
82+Article – Health – General 25
8183
82- (3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY,
83-MAY SET THE COMPENSA TION OF A COMMISSION EMPLOYEE I N A POSITION THAT :
84+19–2106. 26
8485
85- (I) IS UNIQUE TO THE COMMISSION;
86+ (a) (1) A majority of the full authorized membership of the Commission is a 27
87+quorum. 28
8688
87- (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM
88-THE DUTIES OF THE PO SITION; AND
89+ (2) The decision of the Commission shall be by a majority of the quorum 29
90+present and voting. 30
8991
90- (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM
91-FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS
92-OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT .
92+ (b) The Commission shall meet at least six times a year, at the times and places 31
93+that it determines. 32
9394
94- (4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
95-CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR WES MOORE, Governor Ch. 644
95+ (c) A member of the Commission is entitled to: 33
9696
97-– 3 –
98-WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS
99-SUBSECTION.
97+ (1) Compensation in accordance with the State budget; and 34
98+ SENATE BILL 556 3
10099
101- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
102-as follows:
103100
104-Article – Health – General
101+ (2) Reimbursement for expenses under the Standard State Travel 1
102+Regulations, as provided in the State budget. 2
105103
106-19–2201.
104+ (d) (1) The Commission may employ a staff in accordance with the State 3
105+budget. 4
107106
108- (b) There is a Community Health Resources Commission Fund.
107+ (2) The Commission, in consultation with the Secretary, shall determine 5
108+the appropriate job classifications and grades for all staff. 6
109109
110- (d) The Fund consists of:
110+ (3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY, 7
111+MAY SET THE COMPENSA TION OF A COMMISSION EMPLOYEE I N A POSITION THAT : 8
111112
112- (1) Money collected from a nonprofit health service plan in accordance with
113-§ 14–106.1 of the Insurance Article;
113+ (I) IS UNIQUE TO THE COMMISSION; 9
114114
115- (2) MONEY FROM THE CIGARETTE RESTITUTION FUND,
116-APPROPRIATED IN ACCO RDANCE WITH § 7–317 OF THE STATE FINANCE AND
117-PROCUREMENT ARTICLE;
115+ (II) REQUIRES SPECIFIC SKILLS O R EXPERIENCE TO PERF ORM 10
116+THE DUTIES OF THE PO SITION; AND 11
118117
119- [(2)] (3) Interest earned on investments;
118+ (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 12
119+FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 13
120+OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 14
120121
121- [(3)] (4) Money donated to the Fund;
122+ (4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 15
123+CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR 16
124+WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS 17
125+SUBSECTION. 18
122126
123- [(4)] (5) Money awarded to the Fund through grants; and
127+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
128+as follows: 20
124129
125- [(5)] (6) Any other money from any other source accepted for the benefit of
126-the Fund.
130+Article – Health – General 21
127131
128-Article – State Finance and Procurement
132+19–2201. 22
129133
130-7–317.
134+ (b) There is a Community Health Resources Commission Fund. 23
131135
132- (a) There is a Cigarette Restitution Fund.
136+ (d) The Fund consists of: 24
133137
134- (f) (1) The Cigarette Restitution Fund shall be used to fund:
138+ (1) Money collected from a nonprofit health service plan in accordance with 25
139+§ 14–106.1 of the Insurance Article; 26
135140
136- (i) the Tobacco Use Prevention and Cessation Program established
137-under Title 13, Subtitle 10 of the Health – General Article;
141+ (2) MONEY FROM THE CIGARETTE RESTITUTION FUND, 27
142+APPROPRIATED IN ACCO RDANCE WITH § 7–317 OF THE STATE FINANCE AND 28
143+PROCUREMENT ARTICLE; 29
138144
139- (ii) the Cancer Prevention, Education, Screening, and Treatment
140-Program established under Title 13, Subtitle 11 of the Health – General Article;
145+ [(2)] (3) Interest earned on investments; 30 4 SENATE BILL 556
141146
142- (iii) the activities of the Southern Maryland Agricultural Development
143-Commission, in accordance with § 13–611 of the Economic Development Article; [and] Ch. 644 2023 LAWS OF MARYLAND
144147
145-– 4 –
146148
147- (IV) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE
148-MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION FUND, IN ACCORDANCE
149-WITH SUBSECTION (G) OF THIS SECTION; AND
149+ [(3)] (4) Money donated to the Fund; 1
150150
151- [(iv)] (V) other programs that serve the following purposes:
151+ [(4)] (5) Money awarded to the Fund through grants; and 2
152152
153- 1. reduction of the use of tobacco products by individuals
154-under the age of 21 years;
153+ [(5)] (6) Any other money from any other source accepted for the benefit of 3
154+the Fund. 4
155155
156- 2. implementation of the Southern Maryland Regional
157-Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern
158-Maryland with an emphasis on alternative crop uses for agricultural land now used for
159-growing tobacco;
156+Article – State Finance and Procurement 5
160157
161- 3. public and school education campaigns to decrease tobacco
162-use with initial emphasis on areas targeted by tobacco manufacturers in marketing and
163-promoting cigarette and tobacco products;
158+7–317. 6
164159
165- 4. smoking cessation programs;
160+ (a) There is a Cigarette Restitution Fund. 7
166161
167- 5. enforcement of the laws regarding tobacco sales;
162+ (f) (1) The Cigarette Restitution Fund shall be used to fund: 8
168163
169- 6. the purposes of the Maryland Health Care Foundation
170-under Title 20, Subtitle 5 of the Health – General Article;
164+ (i) the Tobacco Use Prevention and Cessation Program established 9
165+under Title 13, Subtitle 10 of the Health – General Article; 10
171166
172- 7. primary health care in rural areas of the State and areas
173-targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco
174-products;
167+ (ii) the Cancer Prevention, Education, Screening, and Treatment 11
168+Program established under Title 13, Subtitle 11 of the Health – General Article; 12
175169
176- 8. prevention, treatment, and research concerning cancer,
177-heart disease, lung disease, tobacco product use, and tobacco control, including operating
178-costs and related capital projects;
170+ (iii) the activities of the Southern Maryland Agricultural Development 13
171+Commission, in accordance with § 13–611 of the Economic Development Article; [and] 14
179172
180- 9. substance abuse treatment and prevention programs; and
173+ (IV) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE 15
174+MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION FUND, IN ACCORDANCE 16
175+WITH SUBSECTION (G) OF THIS SECTION; AND 17
181176
182- 10. any other public purpose.
177+ [(iv)] (V) other programs that serve the following purposes: 18
183178
184- (2) The provisions of this subsection may not be construed to affect the
185-Governor’s powers with respect to a request for an appropriation in the annual budget bill.
179+ 1. reduction of the use of tobacco products by individuals 19
180+under the age of 21 years; 20
186181
187- (g) (1) Amounts may only be expended from the Fund through appropriations
188-in the State budget bill as provided in this subsection.
189- WES MOORE, Governor Ch. 644
182+ 2. implementation of the Southern Maryland Regional 21
183+Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 22
184+Maryland with an emphasis on alternative crop uses for agricultural land now used for 23
185+growing tobacco; 24
190186
191-– 5 –
192- (2) The Governor shall include in the annual budget bill appropriations
193-from the Fund equivalent to the lesser of $100,000,000 or 90% of the funds estimated to be
194-available to the Fund in the fiscal year for which the appropriations are made.
187+ 3. public and school education campaigns to decrease tobacco 25
188+use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 26
189+promoting cigarette and tobacco products; 27
195190
196- (3) For each fiscal year for which appropriations are made, at least 50% of
197-the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii),
198-and [(iv)1] (V)1 through 9 of this section subject to the requirement of subsection (e)(2) of
199-this section.
191+ 4. smoking cessation programs; 28
200192
201- (4) For each fiscal year for which appropriations are made, at least 30% of
202-the appropriations shall be made for the purposes of the Maryland Medical Assistance
203-Program.
193+ 5. enforcement of the laws regarding tobacco sales; 29 SENATE BILL 556 5
204194
205- (5) For each fiscal year for which appropriations are made, 0.15% of the
206-Fund shall be appropriated for the purposes of enforcement of Title 16, Subtitle 5 of the
207-Business Regulation Article.
208195
209- (6) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE
210-GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
211-$8,000,000 TO THE MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION
212-FUND.
213196
214- [(6)] (7) Any additional appropriations, not subject to paragraph (3),
215-paragraph (4), or paragraph (5) of this subsection, may be made for any lawful purpose.
197+ 6. the purposes of the Maryland Health Care Foundation 1
198+under Title 20, Subtitle 5 of the Health – General Article; 2
216199
217- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
218-July 1, 2023. Section 2 of this Act shall remain effective through June 30, 2029, and, at the
219-end of June 30, 2029, Section 2 of this Act, with no further action required by the General
220-Assembly, shall be abrogated and of no further force and effect.
200+ 7. primary health care in rural areas of the State and areas 3
201+targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 4
202+products; 5
221203
222-Approved by the Governor, May 16, 2023.
204+ 8. prevention, treatment, and research concerning cancer, 6
205+heart disease, lung disease, tobacco product use, and tobacco control, including operating 7
206+costs and related capital projects; 8
207+
208+ 9. substance abuse treatment and prevention programs; and 9
209+
210+ 10. any other public purpose. 10
211+
212+ (2) The provisions of this subsection may not be construed to affect the 11
213+Governor’s powers with respect to a request for an appropriation in the annual budget bill. 12
214+
215+ (g) (1) Amounts may only be expended from the Fund through appropriations 13
216+in the State budget bill as provided in this subsection. 14
217+
218+ (2) The Governor shall include in the annual budget bill appropriations 15
219+from the Fund equivalent to the lesser of $100,000,000 or 90% of the funds estimated to be 16
220+available to the Fund in the fiscal year for which the appropriations are made. 17
221+
222+ (3) For each fiscal year for which appropriations are made, at least 50% of 18
223+the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii), 19
224+and [(iv)1] (V)1 through 9 of this section subject to the requirement of subsection (e)(2) of 20
225+this section. 21
226+
227+ (4) For each fiscal year for which appropriations are made, at least 30% of 22
228+the appropriations shall be made for the purposes of the Maryland Medical Assistance 23
229+Program. 24
230+
231+ (5) For each fiscal year for which appropriations are made, 0.15% of the 25
232+Fund shall be appropriated for the purposes of enforcement of Title 16, Subtitle 5 of the 26
233+Business Regulation Article. 27
234+
235+ (6) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE 28
236+GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 29
237+$8,000,000 TO THE MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION 30
238+FUND. 31
239+
240+ [(6)] (7) Any additional appropriations, not subject to paragraph (3), 32
241+paragraph (4), or paragraph (5) of this subsection, may be made for any lawful purpose. 33 6 SENATE BILL 556
242+
243+
244+
245+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
246+July 1, 2023. Section 2 of this Act shall remain effective through June 30, 2029, and, at the 2
247+end of June 30, 2029, Section 2 of this Act, with no further action required by the General 3
248+Assembly, shall be abrogated and of no further force and effect. 4
249+
250+
251+
252+
253+Approved:
254+________________________________________________________________________________
255+ Governor.
256+________________________________________________________________________________
257+ President of the Senate.
258+________________________________________________________________________________
259+ Speaker of the House of Delegates.