EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0901*
SENATE BILL 901
J1, Q3 3lr2934
CF HB 1101
By: Senator McKay
Introduced and read first time: February 15, 2023
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Maryland Maternity Care Access Program, Fund, and Income Tax Checkoff – 2
Establishment 3
FOR the purpose of establishing the Maryland Maternity Care Access Program in the 4
Maryland Department of Health to develop and sustain pregnancy support centers 5
in the State; establishing the Maryland Maternity Care Access Program Fund as a 6
special, nonlapsing fund; requiring that the interest earnings of the Fund be credited 7
to the Fund; establishing an income tax checkoff system for voluntary contributions 8
to the Fund; and generally relating to the Maryland Maternity Care Access Program 9
and Fund. 10
BY adding to 11
Article – Health – General 12
Section 13–4801 through 13–4807 to be under the new subtitle “Subtitle 48. 13
Maryland Maternity Care Access Program” 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(i) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2022 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – State Finance and Procurement 23
Section 6–226(a)(2)(ii)170. and 171. 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2022 Supplement) 26
BY adding to 27 2 SENATE BILL 901
Article – State Finance and Procurement 1
Section 6–226(a)(2)(ii)172. 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2022 Supplement) 4
BY adding to 5
Article – Tax – General 6
Section 2–117 and 10–804(l) 7
Annotated Code of Maryland 8
(2022 Replacement Volume) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health – General 12
SUBTITLE 48. MARYLAND MATERNITY CARE ACCESS PROGRAM. 13
13–4801. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “FUND” MEANS THE MARYLAND MATERNITY CARE ACCESS PROGRAM 17
FUND. 18
(C) “PREGNANCY SUPPORT CEN TER” MEANS A PROVIDER OR QUALIFIED 19
NONPROFIT ORGANIZATI ON THAT: 20
(1) PROVIDES PREGNANT WOM EN WITH SUPPORT SERV ICES, 21
INCLUDING COUNSELING , HOUSING, HEALTH CARE , ADOPTION SERVICES , 22
MATERIAL ASSISTANCE , JOB TRAINING, AND EDUCATIONAL ASSI STANCE; AND 23
(2) DOES NOT REFER , INDUCE, OR ASSIST IN THE PER FORMANCE OF 24
ABORTIONS. 25
(D) “PROGRAM” MEANS THE MARYLAND MATERNITY CARE ACCESS 26
PROGRAM. 27
13–4802. 28
(A) THERE IS A MARYLAND MATERNITY CARE ACCESS PROGRAM IN THE 29
DEPARTMENT . 30
SENATE BILL 901 3
(B) THE PURPOSE OF THE PROGRAM IS TO DEVELOP AND SUSTAIN 1
PREGNANCY SUPPORT CE NTERS IN THE STATE. 2
13–4803. 3
(A) THE DEPARTMENT MAY CONTRA CT WITH AT LEAST ONE COORDINATING 4
ORGANIZATION TO ADMI NISTER THE PROGRAM. 5
(B) A COORDINATING ORGANIZ ATION CONTRACTED WIT H UNDER THIS 6
SECTION SHALL BE : 7
(1) A NONPROFIT ENTITY ; AND 8
(2) IN GOOD STANDING IN A NY STATE OR JURISD ICTION IN WHICH 9
THE ORGANIZATION IS REGISTERED OR INCORP ORATED. 10
(C) THE DEPARTMENT MAY NOT OB TAIN INFORMATION REG ARDING, OR 11
INTERFERE WITH , SPECIFIC OPERATIONS OF A COORDINATING OR GANIZATION 12
OTHER THAN THE OPERA TIONS NECESSARY FOR THE ADMINISTRATION O F THE 13
PROGRAM. 14
13–4804. 15
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 16
DEPARTMENT SHALL RELE ASE PUBLICLY THE NAM E OF ANY: 17
(1) COORDINATING ORGANIZA TION CONTRACTED WITH UNDER § 18
13–4803 OF THIS SUBTITLE; AND 19
(2) ENTITY RECEIVING MONE Y FROM THE FUND. 20
(B) THE DEPARTMENT MAY NOT RE LEASE THE NAME OF AN Y INDIVIDUAL 21
PROVIDING SERVICES T HROUGH OR PARTICIPAT ING IN THE PROGRAM. 22
13–4805. 23
(A) (1) THERE IS A MARYLAND MATERNITY CARE ACCESS PROGRAM 24
FUND. 25
(2) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 26
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 27
4 SENATE BILL 901
(3) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(B) THE FUND CONSISTS OF : 3
(1) ANY MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 4
FUND; 5
(2) INTEREST EARNINGS OF THE FUND; 6
(3) CONTRIBUTIONS TO THE FUND FROM THE INCOME TAX 7
CHECKOFF SYSTEM ESTA BLISHED UNDER § 2–117 OF THE TAX – GENERAL ARTICLE; 8
AND 9
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCE PTED FOR 10
THE BENEFIT OF THE FUND. 11
(C) THE FUND MAY BE USED ONLY FOR: 12
(1) THE PROGRAM; OR 13
(2) CONTRACTING WITH A CO ORDINATING ORGANIZAT ION TO 14
ADMINISTER THE PROGRAM. 15
(D) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 16
MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 17
INVESTED. 18
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE PAID IN TO THE 19
FUND. 20
(E) THE COMPTROLLER SHALL PAY OUT MONEY FOR THE FUND AS 21
DIRECTED BY THE SECRETARY. 22
(F) NO PART OF THE FUND MAY REVERT OR BE CRE DITED TO: 23
(1) THE GENERAL FUND OF THE STATE; OR 24
(2) ANY OTHER SPECIAL FUN D OF THE STATE. 25
(G) EXPENDITURES FROM THE FUND SHALL BE MADE ON LY IN 26
ACCORDANCE WITH THE STATE BUDGET . 27
SENATE BILL 901 5
13–4806. 1
BEGINNING IN FISCAL Y EAR 2025 AND EACH FISCAL YEAR THEREAFT ER, THE 2
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 3
$3,000,000 TO THE PROGRAM. 4
13–4807. 5
ON OR BEFORE OCTOBER 1 EACH YEAR , BEGINNING IN 2024, THE 6
DEPARTMENT , IN CONSULTATION WITH ANY COORDINATING ORG ANIZATION 7
CONTRACTED WITH UNDE R § 13–4803 OF THIS SUBTITLE , SHALL REPORT TO THE 8
GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
ARTICLE, ON THE PROGRAM, INCLUDING: 10
(1) THE GROSS AMOUNT OF G IFTS AND GRANTS CRED ITED TO THE 11
FUND; 12
(2) THE COST OF ADMINISTERING THE FUND; AND 13
(3) A DETAILED ACCOUNTING OF THE USE OF THE FUND. 14
Article – State Finance and Procurement 15
6–226. 16
(a) (2) (i) Notwithstanding any other provision of law, and unless 17
inconsistent with a federal law, grant agreement, or other federal requirement or with the 18
terms of a gift or settlement agreement, net interest on all State money allocated by the 19
State Treasurer under this section to special funds or accounts, and otherwise entitled to 20
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 21
Fund of the State. 22
(ii) The provisions of subparagraph (i) of this paragraph do not apply 23
to the following funds: 24
170. the Cannabis Public Health Fund; [and] 25
171. the Community Reinvestment and Repair Fund; AND 26
172. THE MARYLAND MATERNITY CARE ACCESS 27
PROGRAM FUND. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
6 SENATE BILL 901
Article – Tax – General 1
2–117. 2
(A) (1) THE COMPTROLLER SHALL INC LUDE ON THE INDIVID UAL 3
INCOME TAX RETURN FO RM A CHECKOFF DESIGN ATED AS THE “MARYLAND 4
MATERNITY CARE ACCESS PROGRAM FUND”. 5
(2) THE CHECKOFF SHALL ST ATE THAT: 6
(I) THE INDIVIDUAL , OR EACH SPOUSE IN TH E CASE OF A JOINT 7
RETURN, MAY CONTRIBUTE TO TH E MARYLAND MATERNITY CARE ACCESS 8
PROGRAM FUND THE AMOUNT DESIG NATED BY THE INDIVID UAL; AND 9
(II) 1. THE INDIVIDUAL SHALL DEDUCT THE AMOUNT OF THE 10
CONTRIBUTION FROM AN Y REFUND TO WHICH TH E INDIVIDUAL IS ENTI TLED; OR 11
2. IF THE INDIVIDUAL IS NOT ENTITLED TO A RE FUND, 12
THE INDIVIDUAL SHALL ADD THE AMOUNT OF THE CO NTRIBUTION TO THE IN COME 13
TAX TO BE PAID WITH THE RETURN. 14
(3) THE COMPTROLLER SHALL INC LUDE, WITH THE INDIVIDUAL 15
INCOME TAX RETURN PA CKAGE, A DESCRIPTION OF THE PURPOSES FOR WHICH T HE 16
MARYLAND MATERNITY CARE ACCESS PROGRAM FUND WAS ESTABLISHED AND 17
THE PURPOSES FOR WHI CH THE FUND MAY BE USED . 18
(B) THE COMPTROLLER SHALL : 19
(1) COLLECT THE CHECKOFF CONTRIBUTIONS AND AC COUNT TO THE 20
STATE TREASURER FOR THE MON EY COLLECTED ; 21
(2) FROM THE CONTRIBUTIO NS COLLECTED , DISTRIBUTE THE 22
AMOUNT NECESSARY TO ADMINISTER THE CHECK OFF SYSTEM TO AN 23
ADMINISTRATIVE COST ACCOUNT; AND 24
(3) AFTER THE DISTRIBUTI ON UNDER ITEM (2) OF THIS SUBSECTION , 25
DISTRIBUTE THE REMAI NDER OF THE MONEY CO LLECTED UNDER THIS S UBSECTION 26
TO THE MARYLAND MATERNITY CARE ACCESS PROGRAM FUND ESTABLISHED 27
UNDER § 13–4802 OF THE HEALTH – GENERAL ARTICLE. 28
10–804. 29
SENATE BILL 901 7
(L) AN INDIVIDUAL MAY DES IGNATE A CONTRIBUTIO N TO THE MARYLAND 1
MATERNITY CARE ACCESS PROGRAM FUND, ESTABLISHED UNDER § 13–4805 OF 2
THE HEALTH – GENERAL ARTICLE, BY THE CHECKOFF SYST EM ON THE RETURN . 3
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 4
applicable to all taxable years beginning after December 31, 2022. 5
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 6
October 1, 2023. 7