MD
Maryland House Bill HB42

Maryland 2024 Regular Session

Maryland House Bill HB42 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 765
21
3-– 1 –
4-Chapter 765
5-(House Bill 42)
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+ *hb0042*
810
9-Public Health – Public Health Services and Protections – Revisions
11+HOUSE BILL 42
12+J1, C2, D4 (4lr0164)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Chair, Health and Government Operations Committee (By Request
16+– Departmental – Health)
1017
11-FOR the purpose of repealing the exceptions that allow the sale, distribution, or purchase
12-of tobacco products, tobacco paraphernalia, and electronic smoking devices to or for
13-certain individuals who are active duty members of the military; authorizing the
14-Maryland Department of Health to reallocate from one county to another county
15-certain projected unspent grant funding relating to cancer to address certain funding
16-needs; altering the duties of the State Council on Child Abuse and Neglect; repealing
17-the requirement that the Secretary of Health appoint and convene an expert panel
18-on child abuse and neglect relating to research and data collection on a yearly basis;
19-transferring responsibility for the payment of certain emergency medical treatment
20-charges in cases of child abuse and neglect from the Department to the Governor’s
21-Office of Crime Prevention, Youth, and Victim Services and Policy; and generally
22-relating to public health services and protections.
18+Read and Examined by Proofreaders:
2319
24-BY repealing and reenacting, with amendments,
25- Article – Business Regulation
26- Section 16–209(c), 16.5–214.1, and 16.7–204.1
27- Annotated Code of Maryland
28- (2015 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2924
30-BY repealing and reenacting, with amendments,
31- Article – Criminal Law
32- Section 10–107(b), (c), and (d)
33- Annotated Code of Maryland
34- (2021 Replacement Volume and 2023 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3526
36-BY repealing and reenacting, with amendments,
37- Article – Family Law
38- Section 5–712(e), 5–7A–06, and 5–7A–09
39- Annotated Code of Maryland
40- (2019 Replacement Volume and 2023 Supplement)
27+_______ day of _______________ at ________________________ o’clock, ________M.
4128
42-BY repealing and reenacting, without amendments,
43- Article – Family Law
44-Section 5–7A–01(a)
45- Annotated Code of Maryland
46- (2019 Replacement Volume and 2023 Supplement)
29+______________________________________________
30+Speaker.
4731
48-BY repealing
49- Article – Health – General Ch. 765 2024 LAWS OF MARYLAND
32+CHAPTER ______
5033
51-– 2 –
52- Section 13–1013(d) and 13–2205
53- Annotated Code of Maryland
54- (2023 Replacement Volume)
34+AN ACT concerning 1
5535
56-BY repealing and reenacting, with amendments,
57- Article – Health – General
58-Section 13–1013(e), (f), and (g), 24–305(b) and (d), and 24–307(a), (d), and (f)
59- Annotated Code of Maryland
60- (2023 Replacement Volume)
36+Public Health – Public Health Services and Protections – Revisions 2
6137
62-BY adding to
63- Article – Health – General
64-Section 13–1108(f)
65- Annotated Code of Maryland
66- (2023 Replacement Volume)
38+FOR the purpose of repealing the exceptions that allow the sale, distribution, or purchase 3
39+of tobacco products, tobacco paraphernalia, and electronic smoking devices to or for 4
40+certain individuals who are active duty members of the military; authorizing the 5
41+Maryland Department of Health to reallocate from one county to another county 6
42+certain projected unspent grant funding relating to cancer to address certain funding 7
43+needs; altering the duties of the State Council on Child Abuse and Neglect; repealing 8
44+the requirement that the Secretary of Health appoint and convene an expert panel 9
45+on child abuse and neglect relating to research and data collection on a yearly basis; 10
46+transferring responsibility for the payment of certain emergency medical treatment 11
47+charges in cases of child abuse and neglect from the Department to the Governor’s 12
48+Office of Crime Prevention, Youth, and Victim Services and Policy; and generally 13
49+relating to public health services and protections. 14 2 HOUSE BILL 42
6750
68-BY repealing and reenacting, with amendments,
69- Article – Local Government
70- Section 1–1203
71- Annotated Code of Maryland
72- (2013 Volume and 2023 Supplement)
7351
74-Preamble
7552
76- WHEREAS, The minimum age in all states for the sale of tobacco products was
77-raised from 18 to 21 years effective December 20, 2019, under 21 U.S.C. § 387f(d)(5); and
53+BY repealing and reenacting, with amendments, 1
54+ Article – Business Regulation 2
55+ Section 16–209(c), 16.5–214.1, and 16.7–204.1 3
56+ Annotated Code of Maryland 4
57+ (2015 Replacement Volume and 2023 Supplement) 5
7858
79- WHEREAS, State statutory provisions maintain exceptions for active duty military
80-personnel between the ages of 18 and 21 years of age to purchase tobacco products, which
81-has caused confusion among Maryland tobacco product sellers; and
59+BY repealing and reenacting, with amendments, 6
60+ Article – Criminal Law 7
61+ Section 10–107(b), (c), and (d) 8
62+ Annotated Code of Maryland 9
63+ (2021 Replacement Volume and 2023 Supplement) 10
8264
83- WHEREAS, Distribution of funds for the Local Public Health Cancer Grant for
84-cancer prevention, education, screening, and treatment are made in accordance with the
85-formula established in § 13–1108(b) of the Health – General Article, and funds cannot be
86-redistributed between eligible counties during the fiscal year if distribution does not align
87-with the fiscal needs of counties; and
65+BY repealing and reenacting, with amendments, 11
66+ Article – Family Law 12
67+ Section 5–712(e), 5–7A–06, and 5–7A–09 13
68+ Annotated Code of Maryland 14
69+ (2019 Replacement Volume and 2023 Supplement) 15
8870
89- WHEREAS, Reporting on Enforcement Strategies for Distribution of Tobacco
90-Products to Minors under § 24–307(f) of the Health – General Article contains references
91-to sections of the Criminal Law Article repealed by the enactment of Chapter 396 of the
92-Acts of the General Assembly of 2019; and
71+BY repealing and reenacting, without amendments, 16
72+ Article – Family Law 17
73+Section 5–7A–01(a) 18
74+ Annotated Code of Maryland 19
75+ (2019 Replacement Volume and 2023 Supplement) 20
9376
94- WHEREAS, Reporting requirements of the Cigarette Restitution Fund’s
95-Counter–Marketing Component under § 13–1013(d) of the Health – General Article are
96-duplicative of reporting requirements of the Cigarette Restitution Fund’s Annual WES MOORE, Governor Ch. 765
77+BY repealing 21
78+ Article – Health – General 22
79+ Section 13–1013(d) and 13–2205 23
80+ Annotated Code of Maryland 24
81+ (2023 Replacement Volume) 25
9782
98-– 3 –
99-Accomplishments and Outcomes Report under § 7 –317 of the State Finance and
100-Procurement Article; and
83+BY repealing and reenacting, with amendments, 26
84+ Article – Health – General 27
85+Section 13–1013(e), (f), and (g), 24–305(b) and (d), and 24–307(a), (d), and (f) 28
86+ Annotated Code of Maryland 29
87+ (2023 Replacement Volume) 30
10188
102- WHEREAS, Section 13–2205 of the Health – General Article, establishing an expert
103-panel on child abuse and neglect, can be repealed without reducing the amount or quality
104-of information provided to the General Assembly as the expert panel has completed its work
105-and the efforts and reporting requirements of the expert panel can be assumed by the State
106-Council on Child Abuse and Neglect established under § 5–7A–01 of the Family Law
107-Article; and
89+BY adding to 31
90+ Article – Health – General 32
91+Section 13–1108(f) 33
92+ Annotated Code of Maryland 34
93+ (2023 Replacement Volume) 35
10894
109- WHEREAS, The Maryland Department of Health currently is named as the payor
110-of last resort and given authority to adopt regulations for payments for emergency medical
111-treatment to children in cases of child abuse and neglect under § 5–712(e) of the Family
112-Law Article; and
95+BY repealing and reenacting, with amendments, 36
96+ Article – Local Government 37
97+ Section 1–1203 38
98+ Annotated Code of Maryland 39 HOUSE BILL 42 3
11399
114- WHEREAS, The Governor’s Office of Crime Prevention, Youth, and Victim Services
115-and Policy has taken over the responsibility as the payor of last resort for the payments for
116-emergency medical treatment; now, therefore,
117100
118- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
119-That the Laws of Maryland read as follows:
101+ (2013 Volume and 2023 Supplement) 1
120102
121-Article – Business Regulation
103+Preamble 2
122104
123-16–209.
105+ WHEREAS, The minimum age in all states for the sale of tobacco products was 3
106+raised from 18 to 21 years effective December 20, 2019, under 21 U.S.C. § 387f(d)(5); and 4
124107
125- (c) (1) A licensee shall post a sign in a location that is clearly visible to the
126-consumer that states:
108+ WHEREAS, State statutory provisions maintain exceptions for active duty military 5
109+personnel between the ages of 18 and 21 years of age to purchase tobacco products, which 6
110+has caused confusion among Maryland tobacco product sellers; and 7
127111
128- “No person under the age of 21 may be sold tobacco [products without military
129-identification”] PRODUCTS”.
112+ WHEREAS, Distribution of funds for the Local Public Health Cancer Grant for 8
113+cancer prevention, education, screening, and treatment are made in accordance with the 9
114+formula established in § 13–1108(b) of the Health – General Article, and funds cannot be 10
115+redistributed between eligible counties during the fiscal year if distribution does not align 11
116+with the fiscal needs of counties; and 12
130117
131- (2) The sign required under this subsection shall be written in letters at
132-least one–half inch high.
118+ WHEREAS, Reporting on Enforcement Strategies for Distribution of Tobacco 13
119+Products to Minors under § 24–307(f) of the Health – General Article contains references 14
120+to sections of the Criminal Law Article repealed by the enactment of Chapter 396 of the 15
121+Acts of the General Assembly of 2019; and 16
133122
134-16.5–214.1.
123+ WHEREAS, Reporting requirements of the Cigarette Restitution Fund’s 17
124+Counter–Marketing Component under § 13–1013(d) of the Health – General Article are 18
125+duplicative of reporting requirements of the Cigarette Restitution Fund’s Annual 19
126+Accomplishments and Outcomes Report under § 7 –317 of the State Finance and 20
127+Procurement Article; and 21
135128
136- (a) A licensed other tobacco products retailer shall post a sign in a location that
137-is clearly visible to the consumer that states:
129+ WHEREAS, Section 13–2205 of the Health – General Article, establishing an expert 22
130+panel on child abuse and neglect, can be repealed without reducing the amount or quality 23
131+of information provided to the General Assembly as the expert panel has completed its work 24
132+and the efforts and reporting requirements of the expert panel can be assumed by the State 25
133+Council on Child Abuse and Neglect established under § 5–7A–01 of the Family Law 26
134+Article; and 27
138135
139- “No person under the age of 21 may be sold tobacco [products without military
140-identification”] PRODUCTS”.
136+ WHEREAS, The Maryland Department of Health currently is named as the payor 28
137+of last resort and given authority to adopt regulations for payments for emergency medical 29
138+treatment to children in cases of child abuse and neglect under § 5–712(e) of the Family 30
139+Law Article; and 31
141140
142- (b) The sign required under this section shall be written in letters at least
143-one–half inch high.
144- Ch. 765 2024 LAWS OF MARYLAND
141+ WHEREAS, The Governor’s Office of Crime Prevention, Youth, and Victim Services 32
142+and Policy has taken over the responsibility as the payor of last resort for the payments for 33
143+emergency medical treatment; now, therefore, 34
145144
146-– 4 –
147-16.7–204.1.
145+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
146+That the Laws of Maryland read as follows: 36
147+ 4 HOUSE BILL 42
148148
149- (a) A retail licensee shall post a sign in a location that is clearly visible to the
150-consumer that states:
151149
152- “No person under the age of 21 may be sold tobacco [products without military
153-identification”] PRODUCTS”.
150+Article – Business Regulation 1
154151
155- (b) The sign required under this section shall be written in letters at least
156-one–half inch high.
152+16–209. 2
157153
158-Article – Criminal Law
154+ (c) (1) A licensee shall post a sign in a location that is clearly visible to the 3
155+consumer that states: 4
159156
160-10–107.
157+ “No person under the age of 21 may be sold tobacco [products without military 5
158+identification”] PRODUCTS”. 6
161159
162- (b) (1) This subsection does not apply to the distribution of a tobacco product
163-or tobacco paraphernalia to[:
160+ (2) The sign required under this subsection shall be written in letters at 7
161+least one–half inch high. 8
164162
165- (i)] an individual under the age of 21 years who is acting solely as
166-the agent of the individual’s employer if the employer distributes tobacco products or
167-tobacco paraphernalia for commercial purposes[; or
163+16.5–214.1. 9
168164
169- (ii) a purchaser or recipient who:
165+ (a) A licensed other tobacco products retailer shall post a sign in a location that 10
166+is clearly visible to the consumer that states: 11
170167
171- 1. is at least 18 years of age;
168+ “No person under the age of 21 may be sold tobacco [products without military 12
169+identification”] PRODUCTS”. 13
172170
173- 2. is an active duty member of the military; and
171+ (b) The sign required under this section shall be written in letters at least 14
172+one–half inch high. 15
174173
175- 3. presents a valid military identification].
174+16.7–204.1. 16
176175
177- (2) A person who distributes tobacco products for commercial purposes,
178-including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the
179-Business Regulation Article, may not distribute to an individual under the age of 21 years:
176+ (a) A retail licensee shall post a sign in a location that is clearly visible to the 17
177+consumer that states: 18
180178
181- (i) a tobacco product;
179+ “No person under the age of 21 may be sold tobacco [products without military 19
180+identification”] PRODUCTS”. 20
182181
183- (ii) tobacco paraphernalia; or
182+ (b) The sign required under this section shall be written in letters at least 21
183+one–half inch high. 22
184184
185- (iii) a coupon redeemable for a tobacco product.
185+Article – Criminal Law 23
186186
187- (c) A person not described in subsection (b)(2) of this section may not:
187+10–107. 24
188188
189- (1) purchase for or sell a tobacco product to an individual under the age of
190-21 years[,unless the individual:
191- WES MOORE, Governor Ch. 765
189+ (b) (1) This subsection does not apply to the distribution of a tobacco product 25
190+or tobacco paraphernalia to[: 26
192191
193-– 5 –
194- (i) is at least 18 years of age;
192+ (i)] an individual under the age of 21 years who is acting solely as 27
193+the agent of the individual’s employer if the employer distributes tobacco products or 28
194+tobacco paraphernalia for commercial purposes[; or 29
195+ HOUSE BILL 42 5
195196
196- (ii) is an active duty member of the military; and
197197
198- (iii) presents a valid military identification]; or
198+ (ii) a purchaser or recipient who: 1
199199
200- (2) distribute tobacco paraphernalia to an individual under the age of 21
201-years[, unless the individual:
200+ 1. is at least 18 years of age; 2
202201
203- (i) is at least 18 years of age;
202+ 2. is an active duty member of the military; and 3
204203
205- (ii) is an active duty member of the military; and
204+ 3. presents a valid military identification]. 4
206205
207- (iii) presents a valid military identification].
206+ (2) A person who distributes tobacco products for commercial purposes, 5
207+including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 6
208+Business Regulation Article, may not distribute to an individual under the age of 21 years: 7
208209
209- (d) In a prosecution for a violation of this section, it is a defense that the defendant
210-examined the purchaser’s or recipient’s driver’s license or other valid identification issued
211-by a government unit that positively identified the purchaser or recipient as at least 21
212-years of age [or as at least 18 years of age and an active duty member of the military].
210+ (i) a tobacco product; 8
213211
214-Article – Family Law
212+ (ii) tobacco paraphernalia; or 9
215213
216-5–712.
214+ (iii) a coupon redeemable for a tobacco product. 10
217215
218- (e) (1) In accordance with regulations adopted by the [Secretary of Health]
219-EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
220-YOUTH, AND VICTIM SERVICES AND POLICY, the [Maryland Department of Health]
221-GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES AND
222-POLICY shall pay for emergency medical treatment charges that are incurred on behalf of
223-a child who is examined or treated under this section.
216+ (c) A person not described in subsection (b)(2) of this section may not: 11
224217
225- (2) The child’s parent or guardian is liable to the [Maryland Department
226-of Health] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
227-SERVICES AND POLICY for the payments and shall take any steps necessary to secure
228-health benefits available for the child from a public or private benefit program.
218+ (1) purchase for or sell a tobacco product to an individual under the age of 12
219+21 years[,unless the individual: 13
229220
230- (3) The local department shall:
221+ (i) is at least 18 years of age; 14
231222
232- (i) immediately determine whether a child treated or examined
233-under this section is eligible for medical assistance payments; and
223+ (ii) is an active duty member of the military; and 15
234224
235- (ii) secure medical assistance benefits for any eligible child
236-examined or treated under this section.
225+ (iii) presents a valid military identification]; or 16
237226
238-5–7A–01. Ch. 765 2024 LAWS OF MARYLAND
227+ (2) distribute tobacco paraphernalia to an individual under the age of 21 17
228+years[, unless the individual: 18
239229
240-– 6 –
230+ (i) is at least 18 years of age; 19
241231
242- (a) There is a State Council on Child Abuse and Neglect.
232+ (ii) is an active duty member of the military; and 20
243233
244-5–7A–06.
234+ (iii) presents a valid military identification]. 21
245235
246- (a) In addition to any duties set forth elsewhere, the Council shall, by examining
247-the policies and procedures of State and local agencies and specific cases that the Council
248-considers necessary to perform its duties under this section, evaluate the extent to which
249-State and local agencies are effectively discharging their child protection responsibilities in
250-accordance with:
236+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 22
237+examined the purchaser’s or recipient’s driver’s license or other valid identification issued 23
238+by a government unit that positively identified the purchaser or recipient as at least 21 24
239+years of age [or as at least 18 years of age and an active duty member of the military]. 25
251240
252- (1) the State plan under 42 U.S.C. § 5106a(b);
241+Article – Family Law 26
253242
254- (2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and
243+5–712. 27 6 HOUSE BILL 42
255244
256- (3) any other criteria that the Council considers important to ensure the
257-protection of children, including:
258245
259- (i) a review of the extent to which the State child protective services
260-system is coordinated with the foster care and adoption program established under Part E
261-of Title IV of the Social Security Act; and
262246
263- (ii) a review of child fatalities and near fatalities.
247+ (e) (1) In accordance with regulations adopted by the [Secretary of Health] 1
248+EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 2
249+YOUTH, AND VICTIM SERVICES AND POLICY, the [Maryland Department of Health] 3
250+GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES AND 4
251+POLICY shall pay for emergency medical treatment charges that are incurred on behalf of 5
252+a child who is examined or treated under this section. 6
264253
265- (b) The Council may request that a local citizens review panel established under
266-§ 5–539.2 of this title conduct a review under this section and report its findings to the
267-Council.
254+ (2) The child’s parent or guardian is liable to the [Maryland Department 7
255+of Health] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 8
256+SERVICES AND POLICY for the payments and shall take any steps necessary to secure 9
257+health benefits available for the child from a public or private benefit program. 10
268258
269- (c) The Council shall coordinate its activities under this section with the State
270-Citizens Review Board for Children, local citizens review panels, [and] the child fatality
271-review teams, AND THE CHILD ABUSE MEDICAL PROVIDERS (MARYLAND CHAMP)
272-INITIATIVE in order to avoid unnecessary duplication of effort.
259+ (3) The local department shall: 11
273260
274- (d) The chairperson of the Council may designate members of the Children’s
275-Justice Act Committee as special members of the Council for the purpose of carrying out
276-the duties set forth in this section.
261+ (i) immediately determine whether a child treated or examined 12
262+under this section is eligible for medical assistance payments; and 13
277263
278-5–7A–09.
264+ (ii) secure medical assistance benefits for any eligible child 14
265+examined or treated under this section. 15
279266
280- (a) The Council shall report and make recommendations annually to the
281-Governor and the General Assembly on:
267+5–7A–01. 16
282268
283- (1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE
284-ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, WES MOORE, Governor Ch. 765
269+ (a) There is a State Council on Child Abuse and Neglect. 17
285270
286-– 7 –
287-INCLUDING DATA COL LECTED ON CHILD ABUS E AND NEGLECT DIAGNO SES AND
288-TREATMENT ; AND
271+5–7A–06. 18
289272
290- (2) matters relating to the prevention, detection, prosecution, and
291-treatment of child abuse and neglect, including policy and training needs that require the
292-attention and action of the Governor or the General Assembly.
273+ (a) In addition to any duties set forth elsewhere, the Council shall, by examining 19
274+the policies and procedures of State and local agencies and specific cases that the Council 20
275+considers necessary to perform its duties under this section, evaluate the extent to which 21
276+State and local agencies are effectively discharging their child protection responsibilities in 22
277+accordance with: 23
293278
294- (b) The Council shall annually prepare and make available to the public a report
295-containing a summary of its activities under § 5–7A–05 of this subtitle.
279+ (1) the State plan under 42 U.S.C. § 5106a(b); 24
296280
297-Article – Health – General
281+ (2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and 25
298282
299-13–1013.
283+ (3) any other criteria that the Council considers important to ensure the 26
284+protection of children, including: 27
300285
301- [(d) Subject to subsection (c)(2) of this section, before spending any funds allocated
302-in the State budget to the Counter–Marketing and Media Component and no later than
303-January 1, 2001, the Department shall submit a report to the Governor and, subject to §
304-2–1257 of the State Government Article, the General Assembly that:
286+ (i) a review of the extent to which the State child protective services 28
287+system is coordinated with the foster care and adoption program established under Part E 29
288+of Title IV of the Social Security Act; and 30
305289
306- (1) Identifies the goals of the Counter–Marketing and Media Component
307-and the target dates for meeting these goals;
290+ (ii) a review of child fatalities and near fatalities. 31
291+ HOUSE BILL 42 7
308292
309- (2) Describes the various elements of the Counter–Marketing and Media
310-Component and how the Department plans to implement the Component; and
311293
312- (3) Identifies the different target audiences of the Counter–Marketing and
313-Media Component.]
294+ (b) The Council may request that a local citizens review panel established under 1
295+§ 5–539.2 of this title conduct a review under this section and report its findings to the 2
296+Council. 3
314297
315- [(e)] (D) (1) The Department may contract with a higher education
316-institution or private entity to implement any part of the Counter–Marketing and Media
317-Component.
298+ (c) The Council shall coordinate its activities under this section with the State 4
299+Citizens Review Board for Children, local citizens review panels, [and] the child fatality 5
300+review teams, AND THE CHILD ABUSE MEDICAL PROVIDERS (MARYLAND CHAMP) 6
301+INITIATIVE in order to avoid unnecessary duplication of effort. 7
318302
319- (2) If the Department determines that any part of the Counter–Marketing
320-and Media Component should be implemented by a higher education institution or private
321-entity, the Department shall issue a request for proposal to select the entity that will
322-implement that part of the Component.
303+ (d) The chairperson of the Council may designate members of the Children’s 8
304+Justice Act Committee as special members of the Council for the purpose of carrying out 9
305+the duties set forth in this section. 10
323306
324- (3) At a minimum, the request for proposal shall:
307+5–7A–09. 11
325308
326- (i) State with specificity the goals of the Counter–Marketing and
327-Media Component;
309+ (a) The Council shall report and make recommendations annually to the 12
310+Governor and the General Assembly on: 13
328311
329- (ii) State with specificity the objectives and performance criteria
330-that will be used to measure the success of the program to which the request for proposal
331-relates; and
332- Ch. 765 2024 LAWS OF MARYLAND
312+ (1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE 14
313+ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, 15
314+INCLUDING DATA COLLE CTED ON CHILD ABUSE AND NEGLECT DIAGNOSE S AND 16
315+TREATMENT ; AND 17
333316
334-– 8 –
335- (iii) Require that the response to the request for proposal include a
336-plan to reach the targeted audiences identified by the Department.
317+ (2) matters relating to the prevention, detection, prosecution, and 18
318+treatment of child abuse and neglect, including policy and training needs that require the 19
319+attention and action of the Governor or the General Assembly. 20
337320
338- (4) If the Department issues a request for proposal to select an entity to
339-implement any part of the Counter–Marketing and Media Component, the Department
340-shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in
341-administering the request for proposal process.
321+ (b) The Council shall annually prepare and make available to the public a report 21
322+containing a summary of its activities under § 5–7A–05 of this subtitle. 22
342323
343- [(f)] (E) To the extent practicable, the Department shall take steps to maximize
344-the cost effectiveness of the Counter–Marketing and Media Component, including:
324+Article – Health – General 23
345325
346- (1) Using advertisements and other communications and public relations
347-products and services that have been developed by and shown to be effective in other states;
326+13–1013. 24
348327
349- (2) Subject to subsection [(g)] (F) of this section, using money that is
350-allocated to the Counter–Marketing and Media Component to obtain money from the
351-federal government, the National Public Education Fund, or any other entity; and
328+ [(d) Subject to subsection (c)(2) of this section, before spending any funds allocated 25
329+in the State budget to the Counter–Marketing and Media Component and no later than 26
330+January 1, 2001, the Department shall submit a report to the Governor and, subject to § 27
331+2–1257 of the State Government Article, the General Assembly that: 28
352332
353- (3) Coordinating the purchase of broadcast time with other states.
333+ (1) Identifies the goals of the Counter–Marketing and Media Component 29
334+and the target dates for meeting these goals; 30
354335
355- [(g)] (F) The Department may not accept money from the federal government,
356-the National Public Education Fund, or any other entity if the Department is required to
357-accept, as a condition of receiving the money, restrictions on the content of advertisements,
358-communications, or other public relations products or services that are funded with money
359-from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes
360-of this subtitle.
336+ (2) Describes the various elements of the Counter–Marketing and Media 31
337+Component and how the Department plans to implement the Component; and 32
338+ 8 HOUSE BILL 42
361339
362-13–1108.
363340
364- (F) THE DEPARTMENT MAY REALLO CATE PROJECTED UNSPE NT FUNDS
365-AWARDED TO A COUNTY TO ANOTHER COUNTY AS NEEDED DURING THE FI SCAL YEAR
366-IN ORDER TO ADDRESS ANY UNMET COUNTY FUN DING NEEDS AS DETERM INED
367-UNDER § 13–1107 OF THIS SUBTITLE.
341+ (3) Identifies the different target audiences of the Counter–Marketing and 1
342+Media Component.] 2
368343
369-[13–2205.
344+ [(e)] (D) (1) The Department may contract with a higher education 3
345+institution or private entity to implement any part of the Counter–Marketing and Media 4
346+Component. 5
370347
371- (a) The Secretary shall appoint and convene an expert panel on child abuse and
372-neglect relating to research and data collection at least one time each year.
348+ (2) If the Department determines that any part of the Counter–Marketing 6
349+and Media Component should be implemented by a higher education institution or private 7
350+entity, the Department shall issue a request for proposal to select the entity that will 8
351+implement that part of the Component. 9
373352
374- (b) The panel shall assist the Secretary in:
353+ (3) At a minimum, the request for proposal shall: 10
375354
376- (1) Reviewing the appropriateness of current procedural terminology
377-(CPT) codes and billing protocols for services provided regarding child abuse and neglect;
378-and
379- WES MOORE, Governor Ch. 765
355+ (i) State with specificity the goals of the Counter–Marketing and 11
356+Media Component; 12
380357
381-– 9 –
382- (2) Determining how diagnosis and treatment data may be preserved to
383-provide statistics on the extent of child abuse and neglect in the State, including through
384-the creation of a special billing code.
358+ (ii) State with specificity the objectives and performance criteria 13
359+that will be used to measure the success of the program to which the request for proposal 14
360+relates; and 15
385361
386- (c) The panel shall meet at least one time each year with representatives from
387-each emergency room, child advocacy center, and any other facility that provides expert
388-child abuse and neglect care, as defined in § 5–712 of the Family Law Article, to provide
389-training in current procedural terminology (CPT) codes and billing protocols.
362+ (iii) Require that the response to the request for proposal include a 16
363+plan to reach the targeted audiences identified by the Department. 17
390364
391- (d) On or before December 1 of each year, the panel shall submit a report, in
392-accordance with § 2–1257 of the State Government Article, to the General Assembly on the
393-data collected on child abuse and neglect diagnosis and treatment and the activities of the
394-Initiative.]
365+ (4) If the Department issues a request for proposal to select an entity to 18
366+implement any part of the Counter–Marketing and Media Component, the Department 19
367+shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in 20
368+administering the request for proposal process. 21
395369
396-24–305.
370+ [(f)] (E) To the extent practicable, the Department shall take steps to maximize 22
371+the cost effectiveness of the Counter–Marketing and Media Component, including: 23
397372
398- (b) (1) Except as provided in paragraph (2) of this subsection, a person may
399-not sell, distribute, or offer for sale to an individual under the age of 21 years an electronic
400-smoking device, as defined in § 16.7–101(c) of the Business Regulation Article.
373+ (1) Using advertisements and other communications and public relations 24
374+products and services that have been developed by and shown to be effective in other states; 25
401375
402- (2) This subsection does not apply to[:
376+ (2) Subject to subsection [(g)] (F) of this section, using money that is 26
377+allocated to the Counter–Marketing and Media Component to obtain money from the 27
378+federal government, the National Public Education Fund, or any other entity; and 28
403379
404- (i) An] AN electronic smoking device that contains or delivers
405-nicotine intended for human consumption if the device has been approved by the United
406-States Food and Drug Administration for sale as a tobacco cessation product and is being
407-marketed and sold solely for this purpose[; or
380+ (3) Coordinating the purchase of broadcast time with other states. 29
408381
409- (ii) A purchaser or recipient who:
382+ [(g)] (F) The Department may not accept money from the federal government, 30
383+the National Public Education Fund, or any other entity if the Department is required to 31
384+accept, as a condition of receiving the money, restrictions on the content of advertisements, 32
385+communications, or other public relations products or services that are funded with money 33 HOUSE BILL 42 9
410386
411- 1. Is at least 18 years of age;
412387
413- 2. Is an active duty member of the military; and
388+from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes 1
389+of this subtitle. 2
414390
415- 3. Presents a valid military identification].
391+13–1108. 3
416392
417- (d) In a prosecution for a violation of this section, it is a defense that the defendant
418-examined the purchaser’s or recipient’s driver’s license or other valid identification issued
419-by a government unit that positively identified the purchaser or recipient as at least 21
420-years of age [or as at least 18 years of age and an active duty member of the military].
393+ (F) THE DEPARTMENT MAY REALLO CATE PROJECTED UNSPE NT FUNDS 4
394+AWARDED TO A COUNTY TO ANOTHER COUNTY AS NEEDED DURING THE FI SCAL YEAR 5
395+IN ORDER TO ADDRESS ANY UNMET COUNTY FUN DING NEEDS AS DETERM INED 6
396+UNDER § 13–1107 OF THIS SUBTITLE. 7
421397
422-24–307.
398+[13–2205. 8
423399
424- (a) (1) This section does not apply to the distribution of a coupon that is
425-redeemable for a tobacco product if the coupon is:
426- Ch. 765 2024 LAWS OF MARYLAND
400+ (a) The Secretary shall appoint and convene an expert panel on child abuse and 9
401+neglect relating to research and data collection at least one time each year. 10
427402
428-– 10 –
429- (i) Contained in a newspaper, a magazine, or any other type of
430-publication in which the coupon is incidental to the primary purpose of the publication; or
403+ (b) The panel shall assist the Secretary in: 11
431404
432- (ii) Sent through the mail.
405+ (1) Reviewing the appropriateness of current procedural terminology 12
406+(CPT) codes and billing protocols for services provided regarding child abuse and neglect; 13
407+and 14
433408
434- (2) This section does not apply to the distribution of a tobacco product or
435-tobacco paraphernalia to[:
409+ (2) Determining how diagnosis and treatment data may be preserved to 15
410+provide statistics on the extent of child abuse and neglect in the State, including through 16
411+the creation of a special billing code. 17
436412
437- (i) An] AN individual under the age of 21 years who is acting solely
438-as the agent of the individual’s employer if the employer distributes tobacco products or
439-tobacco paraphernalia for commercial purposes[; or
413+ (c) The panel shall meet at least one time each year with representatives from 18
414+each emergency room, child advocacy center, and any other facility that provides expert 19
415+child abuse and neglect care, as defined in § 5–712 of the Family Law Article, to provide 20
416+training in current procedural terminology (CPT) codes and billing protocols. 21
440417
441- (ii) A purchaser or recipient who:
418+ (d) On or before December 1 of each year, the panel shall submit a report, in 22
419+accordance with § 2–1257 of the State Government Article, to the General Assembly on the 23
420+data collected on child abuse and neglect diagnosis and treatment and the activities of the 24
421+Initiative.] 25
442422
443- 1. Is at least 18 years of age;
423+24–305. 26
444424
445- 2. Is an active duty member of the military; and
425+ (b) (1) Except as provided in paragraph (2) of this subsection, a person may 27
426+not sell, distribute, or offer for sale to an individual under the age of 21 years an electronic 28
427+smoking device, as defined in § 16.7–101(c) of the Business Regulation Article. 29
446428
447- 3. Presents a valid military identification].
429+ (2) This subsection does not apply to[: 30
448430
449- (d) In a prosecution for a violation of subsection (b) of this section, it is a defense
450-that the defendant examined the purchaser’s or recipient’s driver’s license or other valid
451-identification issued by a governmental unit that positively identified the purchaser or
452-recipient as at least 21 years old [or as at least 18 years of age and an active duty member
453-of the military].
431+ (i) An] AN electronic smoking device that contains or delivers 31
432+nicotine intended for human consumption if the device has been approved by the United 32 10 HOUSE BILL 42
454433
455- (f) (1) The Maryland Department of Health, in collaboration and consultation
456-with the Office of the Comptroller, the Executive Director of the Alcohol [and], Tobacco,
457-AND CANNABIS Commission, local health departments, and local law enforcement
458-agencies, shall develop ongoing strategies for enforcement of [§§ 10–107 and 10–108] §
459-10–107 of the Criminal Law Article.
460434
461- (2) On or before October 1 each year, the Department shall report to the
462-General Assembly, in accordance with § 2–1257 of the State Government Article, on:
435+States Food and Drug Administration for sale as a tobacco cessation product and is being 1
436+marketed and sold solely for this purpose[; or 2
463437
464- (i) The development of enforcement strategies required under
465-paragraph (1) of this subsection; and
438+ (ii) A purchaser or recipient who: 3
466439
467- (ii) Training and assistance to tobacco retailers to improve
468-compliance with § 10–107 of the Criminal Law Article.
440+ 1. Is at least 18 years of age; 4
469441
470-Article – Local Government
442+ 2. Is an active duty member of the military; and 5
471443
472-1–1203.
473- WES MOORE, Governor Ch. 765
444+ 3. Presents a valid military identification]. 6
474445
475-– 11 –
476- (a) This section applies only in:
446+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 7
447+examined the purchaser’s or recipient’s driver’s license or other valid identification issued 8
448+by a government unit that positively identified the purchaser or recipient as at least 21 9
449+years of age [or as at least 18 years of age and an active duty member of the military]. 10
477450
478- (1) Carroll County;
451+24–307. 11
479452
480- (2) Cecil County;
453+ (a) (1) This section does not apply to the distribution of a coupon that is 12
454+redeemable for a tobacco product if the coupon is: 13
481455
482- (3) Garrett County; and
456+ (i) Contained in a newspaper, a magazine, or any other type of 14
457+publication in which the coupon is incidental to the primary purpose of the publication; or 15
483458
484- (4) St. Mary’s County.
459+ (ii) Sent through the mail. 16
485460
486- (b) Subsection (c)(3) of this section does not apply to the distribution of a coupon
487-that is redeemable for a tobacco product if the coupon:
461+ (2) This section does not apply to the distribution of a tobacco product or 17
462+tobacco paraphernalia to[: 18
488463
489- (1) is contained in a newspaper, magazine, or other type of publication and
490-the coupon is incidental to the primary purpose of the publication; or
464+ (i) An] AN individual under the age of 21 years who is acting solely 19
465+as the agent of the individual’s employer if the employer distributes tobacco products or 20
466+tobacco paraphernalia for commercial purposes[; or 21
491467
492- (2) is sent through the mail.
468+ (ii) A purchaser or recipient who: 22
493469
494- (c) A person may not:
470+ 1. Is at least 18 years of age; 23
495471
496- (1) distribute a tobacco product to an individual under the age of 21 years,
497-unless[:
472+ 2. Is an active duty member of the military; and 24
498473
499- (i)] the individual is acting solely as the agent of the individual’s
500-employer who is engaged in the business of distributing tobacco products; [or
474+ 3. Presents a valid military identification]. 25
501475
502- (ii) the individual:
476+ (d) In a prosecution for a violation of subsection (b) of this section, it is a defense 26
477+that the defendant examined the purchaser’s or recipient’s driver’s license or other valid 27
478+identification issued by a governmental unit that positively identified the purchaser or 28
479+recipient as at least 21 years old [or as at least 18 years of age and an active duty member 29
480+of the military]. 30 HOUSE BILL 42 11
503481
504- 1. is at least 18 years of age;
505482
506- 2. is an active duty member of the military; and
507483
508- 3. presents a valid military identification;]
484+ (f) (1) The Maryland Department of Health, in collaboration and consultation 1
485+with the Office of the Comptroller, the Executive Director of the Alcohol [and], Tobacco, 2
486+AND CANNABIS Commission, local health departments, and local law enforcement 3
487+agencies, shall develop ongoing strategies for enforcement of [§§ 10–107 and 10–108] § 4
488+10–107 of the Criminal Law Article. 5
509489
510- (2) distribute cigarette rolling papers to an individual under the age of 21
511-years[, unless the individual:
490+ (2) On or before October 1 each year, the Department shall report to the 6
491+General Assembly, in accordance with § 2–1257 of the State Government Article, on: 7
512492
513- (i) is at least 18 years of age;
493+ (i) The development of enforcement strategies required under 8
494+paragraph (1) of this subsection; and 9
514495
515- (ii) is an active duty member of the military; and
496+ (ii) Training and assistance to tobacco retailers to improve 10
497+compliance with § 10–107 of the Criminal Law Article. 11
516498
517- (iii) presents a valid military identification]; or
499+Article – Local Government 12
518500
519- (3) distribute to an individual under the age of 21 years a coupon
520-redeemable for a tobacco product[, unless the individual:
521- Ch. 765 2024 LAWS OF MARYLAND
501+1–1203. 13
522502
523-– 12 –
524- (i) is at least 18 years of age;
503+ (a) This section applies only in: 14
525504
526- (ii) is an active duty member of the military; and
505+ (1) Carroll County; 15
527506
528- (iii) presents a valid military identification].
507+ (2) Cecil County; 16
529508
530- (d) A person has not violated this section if:
509+ (3) Garrett County; and 17
531510
532- (1) the person examined the dr iver’s license or other valid
533-government–issued identification presented by the recipient of a tobacco product, cigarette
534-rolling paper, or coupon redeemable for a tobacco product; and
511+ (4) St. Mary’s County. 18
535512
536- (2) the license or other identification positively identified the recipient as
537-being at least 21 years old [or as being at least 18 years of age and an active duty member
538-of the military].
513+ (b) Subsection (c)(3) of this section does not apply to the distribution of a coupon 19
514+that is redeemable for a tobacco product if the coupon: 20
539515
540- (e) (1) In Carroll County and St. Mary’s County, a person who violates this
541-section commits a civil infraction and is subject to a civil penalty of:
516+ (1) is contained in a newspaper, magazine, or other type of publication and 21
517+the coupon is incidental to the primary purpose of the publication; or 22
542518
543- (i) $300 for the first violation; and
519+ (2) is sent through the mail. 23
544520
545- (ii) $500 for any subsequent violation within 24 months after the
546-previous citation.
521+ (c) A person may not: 24
547522
548- (2) In Cecil County, a person who violates this section commits a civil
549-infraction and is subject to a civil penalty of:
523+ (1) distribute a tobacco product to an individual under the age of 21 years, 25
524+unless[: 26
550525
551- (i) $300 for the first violation;
526+ (i)] the individual is acting solely as the agent of the individual’s 27
527+employer who is engaged in the business of distributing tobacco products; [or 28
528+ 12 HOUSE BILL 42
552529
553- (ii) $500 for a second violation; and
554530
555- (iii) $750 for any subsequent violation.
531+ (ii) the individual: 1
556532
557- (3) In Garrett County, a person who violates this section commits a civil
558-infraction and is subject to a civil penalty not exceeding $300.
533+ 1. is at least 18 years of age; 2
559534
560- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
561-October 1, 2024.
535+ 2. is an active duty member of the military; and 3
562536
563-Approved by the Governor, May 16, 2024.
537+ 3. presents a valid military identification;] 4
538+
539+ (2) distribute cigarette rolling papers to an individual under the age of 21 5
540+years[, unless the individual: 6
541+
542+ (i) is at least 18 years of age; 7
543+
544+ (ii) is an active duty member of the military; and 8
545+
546+ (iii) presents a valid military identification]; or 9
547+
548+ (3) distribute to an individual under the age of 21 years a coupon 10
549+redeemable for a tobacco product[, unless the individual: 11
550+
551+ (i) is at least 18 years of age; 12
552+
553+ (ii) is an active duty member of the military; and 13
554+
555+ (iii) presents a valid military identification]. 14
556+
557+ (d) A person has not violated this section if: 15
558+
559+ (1) the person examined the driver’s license or other valid 16
560+government–issued identification presented by the recipient of a tobacco product, cigarette 17
561+rolling paper, or coupon redeemable for a tobacco product; and 18
562+
563+ (2) the license or other identification positively identified the recipient as 19
564+being at least 21 years old [or as being at least 18 years of age and an active duty member 20
565+of the military]. 21
566+
567+ (e) (1) In Carroll County and St. Mary’s County, a person who violates this 22
568+section commits a civil infraction and is subject to a civil penalty of: 23
569+
570+ (i) $300 for the first violation; and 24
571+
572+ (ii) $500 for any subsequent violation within 24 months after the 25
573+previous citation. 26
574+
575+ (2) In Cecil County, a person who violates this section commits a civil 27
576+infraction and is subject to a civil penalty of: 28 HOUSE BILL 42 13
577+
578+
579+
580+ (i) $300 for the first violation; 1
581+
582+ (ii) $500 for a second violation; and 2
583+
584+ (iii) $750 for any subsequent violation. 3
585+
586+ (3) In Garrett County, a person who violates this section commits a civil 4
587+infraction and is subject to a civil penalty not exceeding $300. 5
588+
589+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
590+October 1, 2024. 7
591+
592+
593+
594+
595+Approved:
596+________________________________________________________________________________
597+ Governor.
598+________________________________________________________________________________
599+ Speaker of the House of Delegates.
600+________________________________________________________________________________
601+ President of the Senate.