EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1119* HOUSE BILL 1119 J1 4lr2141 CF SB 739 By: Delegate Rosenberg Introduced and read first time: February 7, 2024 Assigned to: Appropriations and Economic Matters A BILL ENTITLED AN ACT concerning 1 Algorithmic Addiction Fund – Establishment 2 FOR the purpose of establishing the Algorithmic Addiction Fund as a special, nonlapsing 3 fund; requiring interest earnings of the Fund to be credited to the Fund; requiring 4 the Governor to develop certain goals, objectives, and indicators relating to 5 algorithmic addiction treatment and prevention efforts and to consult with certain 6 stakeholders on a certain basis to identify recommended appropriations from the 7 Fund; and generally relating to the Algorithmic Addiction Fund. 8 BY repealing and reenacting, without amendments, 9 Article – State Finance and Procurement 10 Section 6–226(a)(2)(i) 11 Annotated Code of Maryland 12 (2021 Replacement Volume and 2023 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – State Finance and Procurement 15 Section 6–226(a)(2)(ii)189. and 190. 16 Annotated Code of Maryland 17 (2021 Replacement Volume and 2023 Supplement) 18 BY adding to 19 Article – State Finance and Procurement 20 Section 6–226(a)(2)(ii)191. and 7–332 21 Annotated Code of Maryland 22 (2021 Replacement Volume and 2023 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – State Finance and Procurement 26 2 HOUSE BILL 1119 6–226. 1 (a) (2) (i) Notwithstanding any other provision of law, and unless 2 inconsistent with a federal law, grant agreement, or other federal requirement or with the 3 terms of a gift or settlement agreement, net interest on all State money allocated by the 4 State Treasurer under this section to special funds or accounts, and otherwise entitled to 5 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 6 Fund of the State. 7 (ii) The provisions of subparagraph (i) of this paragraph do not apply 8 to the following funds: 9 189. the Teacher Retention and Development Fund; [and] 10 190. the Protecting Against Hate Crimes Grant Fund; AND 11 191. THE ALGORITHMIC ADDICTION FUND. 12 7–332. 13 (A) IN THIS SECTION , “FUND” MEANS THE ALGORITHMIC ADDICTION 14 FUND. 15 (B) THERE IS AN ALGORITHMIC ADDICTION FUND. 16 (C) THE PURPOSE OF THE FUND IS TO RETAIN THE AMOUNT OF 17 SETTLEMENT REVENUES DEPOSITED TO THE FUND IN ACCORDANCE WI TH 18 SUBSECTION (F)(1) OF THIS SECTION. 19 (D) THE MARYLAND DEPARTMENT OF HEALTH SHALL ADMINIST ER THE 20 FUND. 21 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 22 SUBJECT TO § 7–302 OF THIS SUBTITLE. 23 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 24 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 25 (F) THE FUND CONSISTS OF : 26 (1) ALL REVENUES RECEIVE D BY THE STATE FROM ANY SOURCE 27 RESULTING, DIRECTLY OR INDIRECT LY, FROM A JUDGMENT AGAI NST, OR 28 SETTLEMENT WITH , TECHNOLOGY CONGLOMER ATES, TECHNOLOGY COMPANIES , 29 SOCIAL MEDIA CONGLOM ERATES, OR SOCIAL MEDIA C OMPANIES RELATING TO 30 HOUSE BILL 1119 3 CLAIMS MADE OR PROSE CUTED BY THE STATE TO RECOVER DAMA GES FOR 1 VIOLATIONS OF STATE LAW; AND 2 (2) THE INTEREST EARNING S OF THE FUND. 3 (G) (1) THE FUND MAY BE USED ONLY TO PROVIDE FUNDS FOR : 4 (I) CONDUCTING A NEEDS A SSESSMENT THROUGHOUT THE 5 STATE TO DETERMINE WH ERE RESOURCES ARE NE EDED AND BEST PRACTI CES FOR 6 ALGORITHMIC ADDICTIO N PREVENTION , INTERVENTION , AND TREATMENT ; 7 (II) IMPROVING AND STRENG THENING ACCESS TO SE RVICES 8 PROVEN TO TREAT THE MENTAL AND PHYSICAL HEALTH IMPACT S ASSOCIATED WITH 9 ALGORITHMIC ADDICTIO N, INCLUDING DEPRESSION , ANXIETY, EATING DISORDERS , 10 AND SLEEP PROBLEMS ; 11 (III) ALGORITHMIC ADDICTIO N INTERVENTION SERVI CES; 12 (IV) ALGORITHMIC ADDICTIO N PREVENTION SERVICE S, 13 INCLUDING THE ORGANI ZATION OF PRIMARY A ND SECONDARY SCHOOL EDUCATION 14 CAMPAIGNS TO PREVENT ALGORITHMIC ADDICTIO N AND PROMOTE DIGITA L AND 15 MEDIA LITERACY , INCLUDING FOR ADMINI STRATIVE EXPENSES ; 16 (V) RESEARCH AND TRAININ G FOR ALGORITHMIC AD DICTION 17 TREATMENT AND PREVEN TION, AND SOCIAL MEDIA AND YOUTH MENTAL HEALTH , 18 INCLUDING FOR ADMINI STRATIVE EXPENSES ; AND 19 (VI) SUPPORTING AND EXPAN DING OTHER EVIDENCE –BASED 20 INTERVENTIONS FOR AL GORITHMIC ADDICTION PREVENTION AND TREAT MENT. 21 (2) AFTER SATISFYING THE REQUIREMENTS OF PARA GRAPH (1) OF 22 THIS SUBSEC TION, ANY UNSPENT FUNDS IN THE ALGORITHMIC ADDICTION FUND 23 MAY BE EXPENDED BY T HE MARYLAND DEPARTMENT OF HEALTH FOR YOUTH 24 MENTAL HEALTH SERVIC ES. 25 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE INVESTED. 27 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28 THE FUND. 29 (I) (1) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 30 ACCORDANCE WITH THE STATE BUDGET . 31 4 HOUSE BILL 1119 (2) FOR REVENUES RECEIVED BY THE STATE FROM ANY SOURCE 1 RESULTING, DIRECTLY OR I NDIRECTLY, FROM A JUDGMENT AGAI NST, OR 2 SETTLEMENT WITH , TECHNOLOGY CONGLOMER ATES, TECHNOLOGY COMPANIES , 3 SOCIAL MEDIA CONGLOM ERATES, OR SOCIAL MEDIA COMP ANIES: 4 (I) APPROPRIATIONS FROM THE FUND IN THE STATE BUDGET 5 SHALL BE MADE IN ACC ORDANCE WITH THE ALL OCATION AND DISTRIBU TION OF 6 FUNDS TO THE STATE AND ITS POLITIC AL SUBDIVISIONS AS A GREED ON IN ANY 7 STATE–SUBDIVISION AGREEMEN T, AS AMENDED; AND 8 (II) THE SECRETARY OF HEALTH SHALL ESTABLIS H AND 9 ADMINISTER A GRANT P ROGRAM FOR THE DISTR IBUTION OF FUNDS TO POLITICAL 10 SUBDIVISIONS OF THE STATE IN ACCORDANCE W ITH ANY STATE–SUBDIVISION 11 AGREEMENT , AS AMENDED. 12 (3) THE ATTORNEY GENERAL SHALL IDENTIF Y AND DESIGNATE THE 13 CONTROLLING VERSION OF AN AGREEMENT OR A MENDMENT DESCRIBED U NDER 14 PARAGRAPH (2) OF THIS SUBSECTI ON. 15 (J) (1) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAMS AND 16 SERVICES DESCRIBED U NDER SUBSECTION (G) OF THIS SECTION IS S UPPLEMENTAL 17 TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT OTHE RWISE 18 WOULD BE APPROPRIATE D FOR THE PROGRAMS A ND SERVICES. 19 (2) EXCEPT AS SPECIFIED I N SUBSECTION (G) OF THIS SECTION , 20 MONEY EXPENDED FROM THE FUND MAY NOT BE USED FOR ADMINISTRATIVE 21 EXPENSES. 22 (K) THE GOVERNOR SHALL : 23 (1) DEVELOP KEY GOALS , KEY OBJECTIVES , AND KEY PERFORMANCE 24 INDICATORS RELATING TO ALGORITHM IC ADDICTION TREATME NT AND 25 PREVENTION EFFORTS ; 26 (2) SUBJECT TO SUBSECTIO N (H)(2) OF THIS SECTION , AT LEAST 27 ONCE EACH YEAR , CONSULT WITH ALGORIT HMIC ADDICTION TREAT MENT AND 28 PREVENTION STAKEHOLD ERS, INCLUDING CONSUMERS , PROVIDERS, FAMILIES, 29 AND ADVOCATES , TO IDENTIFY RECOMMEN DED APPROPRIATIONS F ROM THE FUND; 30 AND 31 (3) ON OR BEFORE NOVEMBER 1 EACH YEAR, REPORT TO THE 32 GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 33 HOUSE BILL 1119 5 ARTICLE, ON: 1 (I) AN ACCOUNTING OF TOT AL FUNDS EXPENDED FR OM THE 2 FUND IN THE IMMEDIATELY P RECEDING FISCAL YEAR , BY: 3 1. USE; 4 2. IF APPLICABLE, JURISDICTION; AND 5 3. BUDGET PROGRAM AND S UBDIVISION; 6 (II) THE PERFORMANCE INDI CATORS AND PROGRESS TOWARD 7 ACHIEVING THE GOALS AND OBJECTIVES DEVEL OPED UNDER ITEM (1) OF THIS 8 SUBSECTION; AND 9 (III) THE RECOMMENDED APPR OPRIATIONS FROM THE FUND 10 IDENTIFIED IN ACCORD ANCE WITH ITEM (2) OF THIS SUBSECTION . 11 SECTION 2. AND BE IT FURTHER ENACTED, That: 12 (a) Section 1 of this Act shall take effect contingent on a judgment by a federal or 13 State court against, or settlement with, technology conglomerates, technology companies, 14 social media conglomerates, or social media companies relating to any claims made or 15 prosecuted by the State to recover damages for violations of State law. 16 (b) Within 5 days after a judgment or settlement described in subsection (a) of 17 this section is awarded or approved, the Attorney General shall notify the Department of 18 Legislative Services. 19 (c) Section 1 of this Act shall take effect on the date the notice is received by the 20 Department of Legislative Services in accordance with subsection (b) of this section. 21 SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 22 Act, this Act shall take effect June 1, 2024. 23