WES MOORE, Governor Ch. 644
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Chapter 644
(Senate Bill 556)
AN ACT concerning
Maryland Community Health Resources Commission – Compensation of
Employees and Funding
FOR the purpose of authorizing the Maryland Community Health Resources Commission,
in consultation with the Secretary of Health, to set the compensation of certain
Commission employees; requiring the Secretary of Budget and Management, in
consultation with the Secretary of Health, to determine the positions for which the
Commission may set compensation; specifying that the Community Health Resources
Commission Fund includes money from the Cigarette Restitution Fund, appropriated
in a certain manner; and generally relating to the Maryland Community Health
Resources Commission and employee compensation.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–2106
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Health – General
Section 19–2201(b)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–2201(d)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 7–317(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 7–317(f) and (g)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement) Ch. 644 2023 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–2106.
(a) (1) A majority of the full authorized membership of the Commission is a
quorum.
(2) The decision of the Commission shall be by a majority of the quorum
present and voting.
(b) The Commission shall meet at least six times a year, at the times and places
that it determines.
(c) A member of the Commission is entitled to:
(1) Compensation in accordance with the State budget; and
(2) Reimbursement for expenses under the Standard State Travel
Regulations, as provided in the State budget.
(d) (1) The Commission may employ a staff in accordance with the State
budget.
(2) The Commission, in consultation with the Secretary, shall determine
the appropriate job classifications and grades for all staff.
(3) THE COMMISSION, IN CONSULTATION WITH THE SECRETARY,
MAY SET THE COMPENSA TION OF A COMMISSION EMPLOYEE I N A POSITION THAT :
(I) IS UNIQUE TO THE COMMISSION;
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM
THE DUTIES OF THE PO SITION; AND
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT .
(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
CONSULTATION WITH TH E COMMISSION, SHALL DETERMINE THE POSITIONS FOR WES MOORE, Governor Ch. 644
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WHICH THE COMMISSION MAY SET CO MPENSATION UNDER PAR AGRAPH (3) OF THIS
SUBSECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Health – General
19–2201.
(b) There is a Community Health Resources Commission Fund.
(d) The Fund consists of:
(1) Money collected from a nonprofit health service plan in accordance with
§ 14–106.1 of the Insurance Article;
(2) MONEY FROM THE CIGARETTE RESTITUTION FUND,
APPROPRIATED IN ACCO RDANCE WITH § 7–317 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE;
[(2)] (3) Interest earned on investments;
[(3)] (4) Money donated to the Fund;
[(4)] (5) Money awarded to the Fund through grants; and
[(5)] (6) Any other money from any other source accepted for the benefit of
the Fund.
Article – State Finance and Procurement
7–317.
(a) There is a Cigarette Restitution Fund.
(f) (1) The Cigarette Restitution Fund shall be used to fund:
(i) the Tobacco Use Prevention and Cessation Program established
under Title 13, Subtitle 10 of the Health – General Article;
(ii) the Cancer Prevention, Education, Screening, and Treatment
Program established under Title 13, Subtitle 11 of the Health – General Article;
(iii) the activities of the Southern Maryland Agricultural Development
Commission, in accordance with § 13–611 of the Economic Development Article; [and] Ch. 644 2023 LAWS OF MARYLAND
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(IV) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE
MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION FUND, IN ACCORDANCE
WITH SUBSECTION (G) OF THIS SECTION; AND
[(iv)] (V) other programs that serve the following purposes:
1. reduction of the use of tobacco products by individuals
under the age of 21 years;
2. implementation of the Southern Maryland Regional
Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern
Maryland with an emphasis on alternative crop uses for agricultural land now used for
growing tobacco;
3. public and school education campaigns to decrease tobacco
use with initial emphasis on areas targeted by tobacco manufacturers in marketing and
promoting cigarette and tobacco products;
4. smoking cessation programs;
5. enforcement of the laws regarding tobacco sales;
6. the purposes of the Maryland Health Care Foundation
under Title 20, Subtitle 5 of the Health – General Article;
7. primary health care in rural areas of the State and areas
targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco
products;
8. prevention, treatment, and research concerning cancer,
heart disease, lung disease, tobacco product use, and tobacco control, including operating
costs and related capital projects;
9. substance abuse treatment and prevention programs; and
10. any other public purpose.
(2) The provisions of this subsection may not be construed to affect the
Governor’s powers with respect to a request for an appropriation in the annual budget bill.
(g) (1) Amounts may only be expended from the Fund through appropriations
in the State budget bill as provided in this subsection.
WES MOORE, Governor Ch. 644
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(2) The Governor shall include in the annual budget bill appropriations
from the Fund equivalent to the lesser of $100,000,000 or 90% of the funds estimated to be
available to the Fund in the fiscal year for which the appropriations are made.
(3) For each fiscal year for which appropriations are made, at least 50% of
the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii),
and [(iv)1] (V)1 through 9 of this section subject to the requirement of subsection (e)(2) of
this section.
(4) For each fiscal year for which appropriations are made, at least 30% of
the appropriations shall be made for the purposes of the Maryland Medical Assistance
Program.
(5) For each fiscal year for which appropriations are made, 0.15% of the
Fund shall be appropriated for the purposes of enforcement of Title 16, Subtitle 5 of the
Business Regulation Article.
(6) FOR EACH OF FISCAL YE ARS 2025 THROUGH 2029, THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
$8,000,000 TO THE MARYLAND COMMUNITY HEALTH RESOURCES COMMISSION
FUND.
[(6)] (7) Any additional appropriations, not subject to paragraph (3),
paragraph (4), or paragraph (5) of this subsection, may be made for any lawful purpose.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2023. Section 2 of this Act shall remain effective through June 30, 2029, and, at the
end of June 30, 2029, Section 2 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 16, 2023.