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.
Italics indicate opposite chamber/conference committee amendments.
*hb0042*
HOUSE BILL 42
J1, C2, D4 (4lr0164)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Chair, Health and Government Operations Committee (By Request
– Departmental – Health)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Public Health – Public Health Services and Protections – Revisions 2
FOR the purpose of repealing the exceptions that allow the sale, distribution, or purchase 3
of tobacco products, tobacco paraphernalia, and electronic smoking devices to or for 4
certain individuals who are active duty members of the military; authorizing the 5
Maryland Department of Health to reallocate from one county to another county 6
certain projected unspent grant funding relating to cancer to address certain funding 7
needs; altering the duties of the State Council on Child Abuse and Neglect; repealing 8
the requirement that the Secretary of Health appoint and convene an expert panel 9
on child abuse and neglect relating to research and data collection on a yearly basis; 10
transferring responsibility for the payment of certain emergency medical treatment 11
charges in cases of child abuse and neglect from the Department to the Governor’s 12
Office of Crime Prevention, Youth, and Victim Services and Policy; and generally 13
relating to public health services and protections. 14 2 HOUSE BILL 42
BY repealing and reenacting, with amendments, 1
Article – Business Regulation 2
Section 16–209(c), 16.5–214.1, and 16.7–204.1 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Law 7
Section 10–107(b), (c), and (d) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Family Law 12
Section 5–712(e), 5–7A–06, and 5–7A–09 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Family Law 17
Section 5–7A–01(a) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2023 Supplement) 20
BY repealing 21
Article – Health – General 22
Section 13–1013(d) and 13–2205 23
Annotated Code of Maryland 24
(2023 Replacement Volume) 25
BY repealing and reenacting, with amendments, 26
Article – Health – General 27
Section 13–1013(e), (f), and (g), 24–305(b) and (d), and 24–307(a), (d), and (f) 28
Annotated Code of Maryland 29
(2023 Replacement Volume) 30
BY adding to 31
Article – Health – General 32
Section 13–1108(f) 33
Annotated Code of Maryland 34
(2023 Replacement Volume) 35
BY repealing and reenacting, with amendments, 36
Article – Local Government 37
Section 1–1203 38
Annotated Code of Maryland 39 HOUSE BILL 42 3
(2013 Volume and 2023 Supplement) 1
Preamble 2
WHEREAS, The minimum age in all states for the sale of tobacco products was 3
raised from 18 to 21 years effective December 20, 2019, under 21 U.S.C. § 387f(d)(5); and 4
WHEREAS, State statutory provisions maintain exceptions for active duty military 5
personnel between the ages of 18 and 21 years of age to purchase tobacco products, which 6
has caused confusion among Maryland tobacco product sellers; and 7
WHEREAS, Distribution of funds for the Local Public Health Cancer Grant for 8
cancer prevention, education, screening, and treatment are made in accordance with the 9
formula established in § 13–1108(b) of the Health – General Article, and funds cannot be 10
redistributed between eligible counties during the fiscal year if distribution does not align 11
with the fiscal needs of counties; and 12
WHEREAS, Reporting on Enforcement Strategies for Distribution of Tobacco 13
Products to Minors under § 24–307(f) of the Health – General Article contains references 14
to sections of the Criminal Law Article repealed by the enactment of Chapter 396 of the 15
Acts of the General Assembly of 2019; and 16
WHEREAS, Reporting requirements of the Cigarette Restitution Fund’s 17
Counter–Marketing Component under § 13–1013(d) of the Health – General Article are 18
duplicative of reporting requirements of the Cigarette Restitution Fund’s Annual 19
Accomplishments and Outcomes Report under § 7 –317 of the State Finance and 20
Procurement Article; and 21
WHEREAS, Section 13–2205 of the Health – General Article, establishing an expert 22
panel on child abuse and neglect, can be repealed without reducing the amount or quality 23
of information provided to the General Assembly as the expert panel has completed its work 24
and the efforts and reporting requirements of the expert panel can be assumed by the State 25
Council on Child Abuse and Neglect established under § 5–7A–01 of the Family Law 26
Article; and 27
WHEREAS, The Maryland Department of Health currently is named as the payor 28
of last resort and given authority to adopt regulations for payments for emergency medical 29
treatment to children in cases of child abuse and neglect under § 5–712(e) of the Family 30
Law Article; and 31
WHEREAS, The Governor’s Office of Crime Prevention, Youth, and Victim Services 32
and Policy has taken over the responsibility as the payor of last resort for the payments for 33
emergency medical treatment; now, therefore, 34
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That the Laws of Maryland read as follows: 36
4 HOUSE BILL 42
Article – Business Regulation 1
16–209. 2
(c) (1) A licensee shall post a sign in a location that is clearly visible to the 3
consumer that states: 4
“No person under the age of 21 may be sold tobacco [products without military 5
identification”] PRODUCTS”. 6
(2) The sign required under this subsection shall be written in letters at 7
least one–half inch high. 8
16.5–214.1. 9
(a) A licensed other tobacco products retailer shall post a sign in a location that 10
is clearly visible to the consumer that states: 11
“No person under the age of 21 may be sold tobacco [products without military 12
identification”] PRODUCTS”. 13
(b) The sign required under this section shall be written in letters at least 14
one–half inch high. 15
16.7–204.1. 16
(a) A retail licensee shall post a sign in a location that is clearly visible to the 17
consumer that states: 18
“No person under the age of 21 may be sold tobacco [products without military 19
identification”] PRODUCTS”. 20
(b) The sign required under this section shall be written in letters at least 21
one–half inch high. 22
Article – Criminal Law 23
10–107. 24
(b) (1) This subsection does not apply to the distribution of a tobacco product 25
or tobacco paraphernalia to[: 26
(i)] an individual under the age of 21 years who is acting solely as 27
the agent of the individual’s employer if the employer distributes tobacco products or 28
tobacco paraphernalia for commercial purposes[; or 29
HOUSE BILL 42 5
(ii) a purchaser or recipient who: 1
1. is at least 18 years of age; 2
2. is an active duty member of the military; and 3
3. presents a valid military identification]. 4
(2) A person who distributes tobacco products for commercial purposes, 5
including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 6
Business Regulation Article, may not distribute to an individual under the age of 21 years: 7
(i) a tobacco product; 8
(ii) tobacco paraphernalia; or 9
(iii) a coupon redeemable for a tobacco product. 10
(c) A person not described in subsection (b)(2) of this section may not: 11
(1) purchase for or sell a tobacco product to an individual under the age of 12
21 years[,unless the individual: 13
(i) is at least 18 years of age; 14
(ii) is an active duty member of the military; and 15
(iii) presents a valid military identification]; or 16
(2) distribute tobacco paraphernalia to an individual under the age of 21 17
years[, unless the individual: 18
(i) is at least 18 years of age; 19
(ii) is an active duty member of the military; and 20
(iii) presents a valid military identification]. 21
(d) In a prosecution for a violation of this section, it is a defense that the defendant 22
examined the purchaser’s or recipient’s driver’s license or other valid identification issued 23
by a government unit that positively identified the purchaser or recipient as at least 21 24
years of age [or as at least 18 years of age and an active duty member of the military]. 25
Article – Family Law 26
5–712. 27 6 HOUSE BILL 42
(e) (1) In accordance with regulations adopted by the [Secretary of Health] 1
EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 2
YOUTH, AND VICTIM SERVICES AND POLICY, the [Maryland Department of Health] 3
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES AND 4
POLICY shall pay for emergency medical treatment charges that are incurred on behalf of 5
a child who is examined or treated under this section. 6
(2) The child’s parent or guardian is liable to the [Maryland Department 7
of Health] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 8
SERVICES AND POLICY for the payments and shall take any steps necessary to secure 9
health benefits available for the child from a public or private benefit program. 10
(3) The local department shall: 11
(i) immediately determine whether a child treated or examined 12
under this section is eligible for medical assistance payments; and 13
(ii) secure medical assistance benefits for any eligible child 14
examined or treated under this section. 15
5–7A–01. 16
(a) There is a State Council on Child Abuse and Neglect. 17
5–7A–06. 18
(a) In addition to any duties set forth elsewhere, the Council shall, by examining 19
the policies and procedures of State and local agencies and specific cases that the Council 20
considers necessary to perform its duties under this section, evaluate the extent to which 21
State and local agencies are effectively discharging their child protection responsibilities in 22
accordance with: 23
(1) the State plan under 42 U.S.C. § 5106a(b); 24
(2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and 25
(3) any other criteria that the Council considers important to ensure the 26
protection of children, including: 27
(i) a review of the extent to which the State child protective services 28
system is coordinated with the foster care and adoption program established under Part E 29
of Title IV of the Social Security Act; and 30
(ii) a review of child fatalities and near fatalities. 31
HOUSE BILL 42 7
(b) The Council may request that a local citizens review panel established under 1
§ 5–539.2 of this title conduct a review under this section and report its findings to the 2
Council. 3
(c) The Council shall coordinate its activities under this section with the State 4
Citizens Review Board for Children, local citizens review panels, [and] the child fatality 5
review teams, AND THE CHILD ABUSE MEDICAL PROVIDERS (MARYLAND CHAMP) 6
INITIATIVE in order to avoid unnecessary duplication of effort. 7
(d) The chairperson of the Council may designate members of the Children’s 8
Justice Act Committee as special members of the Council for the purpose of carrying out 9
the duties set forth in this section. 10
5–7A–09. 11
(a) The Council shall report and make recommendations annually to the 12
Governor and the General Assembly on: 13
(1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE 14
ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, 15
INCLUDING DATA COLLE CTED ON CHILD ABUSE AND NEGLECT DIAGNOSE S AND 16
TREATMENT ; AND 17
(2) matters relating to the prevention, detection, prosecution, and 18
treatment of child abuse and neglect, including policy and training needs that require the 19
attention and action of the Governor or the General Assembly. 20
(b) The Council shall annually prepare and make available to the public a report 21
containing a summary of its activities under § 5–7A–05 of this subtitle. 22
Article – Health – General 23
13–1013. 24
[(d) Subject to subsection (c)(2) of this section, before spending any funds allocated 25
in the State budget to the Counter–Marketing and Media Component and no later than 26
January 1, 2001, the Department shall submit a report to the Governor and, subject to § 27
2–1257 of the State Government Article, the General Assembly that: 28
(1) Identifies the goals of the Counter–Marketing and Media Component 29
and the target dates for meeting these goals; 30
(2) Describes the various elements of the Counter–Marketing and Media 31
Component and how the Department plans to implement the Component; and 32
8 HOUSE BILL 42
(3) Identifies the different target audiences of the Counter–Marketing and 1
Media Component.] 2
[(e)] (D) (1) The Department may contract with a higher education 3
institution or private entity to implement any part of the Counter–Marketing and Media 4
Component. 5
(2) If the Department determines that any part of the Counter–Marketing 6
and Media Component should be implemented by a higher education institution or private 7
entity, the Department shall issue a request for proposal to select the entity that will 8
implement that part of the Component. 9
(3) At a minimum, the request for proposal shall: 10
(i) State with specificity the goals of the Counter–Marketing and 11
Media Component; 12
(ii) State with specificity the objectives and performance criteria 13
that will be used to measure the success of the program to which the request for proposal 14
relates; and 15
(iii) Require that the response to the request for proposal include a 16
plan to reach the targeted audiences identified by the Department. 17
(4) If the Department issues a request for proposal to select an entity to 18
implement any part of the Counter–Marketing and Media Component, the Department 19
shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in 20
administering the request for proposal process. 21
[(f)] (E) To the extent practicable, the Department shall take steps to maximize 22
the cost effectiveness of the Counter–Marketing and Media Component, including: 23
(1) Using advertisements and other communications and public relations 24
products and services that have been developed by and shown to be effective in other states; 25
(2) Subject to subsection [(g)] (F) of this section, using money that is 26
allocated to the Counter–Marketing and Media Component to obtain money from the 27
federal government, the National Public Education Fund, or any other entity; and 28
(3) Coordinating the purchase of broadcast time with other states. 29
[(g)] (F) The Department may not accept money from the federal government, 30
the National Public Education Fund, or any other entity if the Department is required to 31
accept, as a condition of receiving the money, restrictions on the content of advertisements, 32
communications, or other public relations products or services that are funded with money 33 HOUSE BILL 42 9
from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes 1
of this subtitle. 2
13–1108. 3
(F) THE DEPARTMENT MAY REALLO CATE PROJECTED UNSPE NT FUNDS 4
AWARDED TO A COUNTY TO ANOTHER COUNTY AS NEEDED DURING THE FI SCAL YEAR 5
IN ORDER TO ADDRESS ANY UNMET COUNTY FUN DING NEEDS AS DETERM INED 6
UNDER § 13–1107 OF THIS SUBTITLE. 7
[13–2205. 8
(a) The Secretary shall appoint and convene an expert panel on child abuse and 9
neglect relating to research and data collection at least one time each year. 10
(b) The panel shall assist the Secretary in: 11
(1) Reviewing the appropriateness of current procedural terminology 12
(CPT) codes and billing protocols for services provided regarding child abuse and neglect; 13
and 14
(2) Determining how diagnosis and treatment data may be preserved to 15
provide statistics on the extent of child abuse and neglect in the State, including through 16
the creation of a special billing code. 17
(c) The panel shall meet at least one time each year with representatives from 18
each emergency room, child advocacy center, and any other facility that provides expert 19
child abuse and neglect care, as defined in § 5–712 of the Family Law Article, to provide 20
training in current procedural terminology (CPT) codes and billing protocols. 21
(d) On or before December 1 of each year, the panel shall submit a report, in 22
accordance with § 2–1257 of the State Government Article, to the General Assembly on the 23
data collected on child abuse and neglect diagnosis and treatment and the activities of the 24
Initiative.] 25
24–305. 26
(b) (1) Except as provided in paragraph (2) of this subsection, a person may 27
not sell, distribute, or offer for sale to an individual under the age of 21 years an electronic 28
smoking device, as defined in § 16.7–101(c) of the Business Regulation Article. 29
(2) This subsection does not apply to[: 30
(i) An] AN electronic smoking device that contains or delivers 31
nicotine intended for human consumption if the device has been approved by the United 32 10 HOUSE BILL 42
States Food and Drug Administration for sale as a tobacco cessation product and is being 1
marketed and sold solely for this purpose[; or 2
(ii) A purchaser or recipient who: 3
1. Is at least 18 years of age; 4
2. Is an active duty member of the military; and 5
3. Presents a valid military identification]. 6
(d) In a prosecution for a violation of this section, it is a defense that the defendant 7
examined the purchaser’s or recipient’s driver’s license or other valid identification issued 8
by a government unit that positively identified the purchaser or recipient as at least 21 9
years of age [or as at least 18 years of age and an active duty member of the military]. 10
24–307. 11
(a) (1) This section does not apply to the distribution of a coupon that is 12
redeemable for a tobacco product if the coupon is: 13
(i) Contained in a newspaper, a magazine, or any other type of 14
publication in which the coupon is incidental to the primary purpose of the publication; or 15
(ii) Sent through the mail. 16
(2) This section does not apply to the distribution of a tobacco product or 17
tobacco paraphernalia to[: 18
(i) An] AN individual under the age of 21 years who is acting solely 19
as the agent of the individual’s employer if the employer distributes tobacco products or 20
tobacco paraphernalia for commercial purposes[; or 21
(ii) A purchaser or recipient who: 22
1. Is at least 18 years of age; 23
2. Is an active duty member of the military; and 24
3. Presents a valid military identification]. 25
(d) In a prosecution for a violation of subsection (b) of this section, it is a defense 26
that the defendant examined the purchaser’s or recipient’s driver’s license or other valid 27
identification issued by a governmental unit that positively identified the purchaser or 28
recipient as at least 21 years old [or as at least 18 years of age and an active duty member 29
of the military]. 30 HOUSE BILL 42 11
(f) (1) The Maryland Department of Health, in collaboration and consultation 1
with the Office of the Comptroller, the Executive Director of the Alcohol [and], Tobacco, 2
AND CANNABIS Commission, local health departments, and local law enforcement 3
agencies, shall develop ongoing strategies for enforcement of [§§ 10–107 and 10–108] § 4
10–107 of the Criminal Law Article. 5
(2) On or before October 1 each year, the Department shall report to the 6
General Assembly, in accordance with § 2–1257 of the State Government Article, on: 7
(i) The development of enforcement strategies required under 8
paragraph (1) of this subsection; and 9
(ii) Training and assistance to tobacco retailers to improve 10
compliance with § 10–107 of the Criminal Law Article. 11
Article – Local Government 12
1–1203. 13
(a) This section applies only in: 14
(1) Carroll County; 15
(2) Cecil County; 16
(3) Garrett County; and 17
(4) St. Mary’s County. 18
(b) Subsection (c)(3) of this section does not apply to the distribution of a coupon 19
that is redeemable for a tobacco product if the coupon: 20
(1) is contained in a newspaper, magazine, or other type of publication and 21
the coupon is incidental to the primary purpose of the publication; or 22
(2) is sent through the mail. 23
(c) A person may not: 24
(1) distribute a tobacco product to an individual under the age of 21 years, 25
unless[: 26
(i)] the individual is acting solely as the agent of the individual’s 27
employer who is engaged in the business of distributing tobacco products; [or 28
12 HOUSE BILL 42
(ii) the individual: 1
1. is at least 18 years of age; 2
2. is an active duty member of the military; and 3
3. presents a valid military identification;] 4
(2) distribute cigarette rolling papers to an individual under the age of 21 5
years[, unless the individual: 6
(i) is at least 18 years of age; 7
(ii) is an active duty member of the military; and 8
(iii) presents a valid military identification]; or 9
(3) distribute to an individual under the age of 21 years a coupon 10
redeemable for a tobacco product[, unless the individual: 11
(i) is at least 18 years of age; 12
(ii) is an active duty member of the military; and 13
(iii) presents a valid military identification]. 14
(d) A person has not violated this section if: 15
(1) the person examined the driver’s license or other valid 16
government–issued identification presented by the recipient of a tobacco product, cigarette 17
rolling paper, or coupon redeemable for a tobacco product; and 18
(2) the license or other identification positively identified the recipient as 19
being at least 21 years old [or as being at least 18 years of age and an active duty member 20
of the military]. 21
(e) (1) In Carroll County and St. Mary’s County, a person who violates this 22
section commits a civil infraction and is subject to a civil penalty of: 23
(i) $300 for the first violation; and 24
(ii) $500 for any subsequent violation within 24 months after the 25
previous citation. 26
(2) In Cecil County, a person who violates this section commits a civil 27
infraction and is subject to a civil penalty of: 28 HOUSE BILL 42 13
(i) $300 for the first violation; 1
(ii) $500 for a second violation; and 2
(iii) $750 for any subsequent violation. 3
(3) In Garrett County, a person who violates this section commits a civil 4
infraction and is subject to a civil penalty not exceeding $300. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2024. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.