MD
Maryland Senate Bill SB220

Maryland 2024 Regular Session

Maryland Senate Bill SB220 Compare Versions

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1- WES MOORE, Governor Ch. 766
21
3-– 1 –
4-Chapter 766
5-(Senate Bill 220)
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+ *sb0220*
810
9-Public Health – Public Health Services and Protections – Revisions
11+SENATE BILL 220
12+J1, C2, D4 (4lr0163)
13+ENROLLED BILL
14+— Finance/Health and Government Operations —
15+Introduced by Chair, Finance Committee (By Request – Departmental – Health)
1016
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.
17+Read and Examined by Proofreaders:
2318
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)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2923
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)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3525
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)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4127
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)
28+______________________________________________
29+President.
4730
48-BY repealing
49- Article – Health – General Ch. 766 2024 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52- Section 13–1013(d) and 13–2205
53- Annotated Code of Maryland
54- (2023 Replacement Volume)
33+AN ACT concerning 1
5534
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)
35+Public Health – Public Health Services and Protections – Revisions 2
6136
62-BY adding to
63- Article – Health – General
64-Section 13–1108(f)
65- Annotated Code of Maryland
66- (2023 Replacement Volume)
37+FOR the purpose of repealing the exceptions that allow the sale, distribution, or purchase 3
38+of tobacco products, tobacco paraphernalia, and electronic smoking devices to or for 4
39+certain individuals who are active duty members of the military; authorizing the 5
40+Maryland Department of Health to reallocate from one county to another county 6
41+certain projected unspent grant funding relating to cancer to address certain funding 7
42+needs; altering the duties of the State Council on Child Abuse and Neglect; repealing 8
43+the requirement that the Secretary of Health appoint and convene an expert panel 9
44+on child abuse and neglect relating to research and data collection on a yearly basis; 10
45+transferring responsibility for the payment of certain emergency medical treatment 11
46+charges in cases of child abuse and neglect from the Department to the Governor’s 12
47+Office of Crime Prevention, Youth, and Victim Services and Policy; and generally 13
48+relating to public health services and protections. 14
49+ 2 SENATE BILL 220
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
52+BY repealing and reenacting, with amendments, 1
53+ Article – Business Regulation 2
54+ Section 16–209(c), 16.5–214.1, and 16.7–204.1 3
55+ Annotated Code of Maryland 4
56+ (2015 Replacement Volume and 2023 Supplement) 5
7557
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
58+BY repealing and reenacting, with amendments, 6
59+ Article – Criminal Law 7
60+ Section 10–107(b), (c), and (d) 8
61+ Annotated Code of Maryland 9
62+ (2021 Replacement Volume and 2023 Supplement) 10
7863
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
64+BY repealing and reenacting, with amendments, 11
65+ Article – Family Law 12
66+ Section 5–712(e), 5–7A–06, and 5–7A–09 13
67+ Annotated Code of Maryland 14
68+ (2019 Replacement Volume and 2023 Supplement) 15
8269
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
70+BY repealing and reenacting, without amendments, 16
71+ Article – Family Law 17
72+Section 5–7A–01(a) 18
73+ Annotated Code of Maryland 19
74+ (2019 Replacement Volume and 2023 Supplement) 20
8875
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
76+BY repealing 21
77+ Article – Health – General 22
78+ Section 13–1013(d) and 13–2205 23
79+ Annotated Code of Maryland 24
80+ (2023 Replacement Volume) 25
9381
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. 766
82+BY repealing and reenacting, with amendments, 26
83+ Article – Health – General 27
84+Section 13–1013(e), (f), and (g), 24–305(b) and (d), and 24–307(a), (d), and (f) 28
85+ Annotated Code of Maryland 29
86+ (2023 Replacement Volume) 30
9787
98-– 3 –
99-Accomplishments and Outcomes Report under § 7 –317 of the State Finance and
100-Procurement Article; and
88+BY adding to 31
89+ Article – Health – General 32
90+Section 13–1108(f) 33
91+ Annotated Code of Maryland 34
92+ (2023 Replacement Volume) 35
10193
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
94+BY repealing and reenacting, with amendments, 36
95+ Article – Local Government 37
96+ Section 1–1203 38
97+ Annotated Code of Maryland 39
98+ (2013 Volume and 2023 Supplement) 40 SENATE BILL 220 3
10899
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
113100
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,
117101
118- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
119-That the Laws of Maryland read as follows:
102+Preamble 1
120103
121-Article – Business Regulation
104+ WHEREAS, The minimum age in all states for the sale of tobacco products was 2
105+raised from 18 to 21 years effective December 20, 2019, under 21 U.S.C. § 387f(d)(5); and 3
122106
123-16–209.
107+ WHEREAS, State statutory provisions maintain exceptions for active duty military 4
108+personnel between the ages of 18 and 21 years of age to purchase tobacco products, which 5
109+has caused confusion among Maryland tobacco product sellers; and 6
124110
125- (c) (1) A licensee shall post a sign in a location that is clearly visible to the
126-consumer that states:
111+ WHEREAS, Distribution of funds for the Local Public Health Cancer Grant for 7
112+cancer prevention, education, screening, and treatment are made in accordance with the 8
113+formula established in § 13–1108(b) of the Health – General Article, and funds cannot be 9
114+redistributed between eligible counties during the fiscal year if distribution does not align 10
115+with the fiscal needs of counties; and 11
127116
128- “No person under the age of 21 may be sold tobacco [products without military
129-identification”] PRODUCTS”.
117+ WHEREAS, Reporting on Enforcement Strategies for Distribution of Tobacco 12
118+Products to Minors under § 24–307(f) of the Health – General Article contains references 13
119+to sections of the Criminal Law Article repealed by the enactment of Chapter 396 of the 14
120+Acts of the General Assembly of 2019; and 15
130121
131- (2) The sign required under this subsection shall be written in letters at
132-least one–half inch high.
122+ WHEREAS, Reporting requirements of the Cigarette Restitution Fund’s 16
123+Counter–Marketing Component under § 13–1013(d) of the Health – General Article are 17
124+duplicative of reporting requirements of the Cigarette Restitution Fund’s Annual 18
125+Accomplishments and Outcomes Report under § 7 –317 of the State Finance and 19
126+Procurement Article; and 20
133127
134-16.5–214.1.
128+ WHEREAS, Section 13–2205 of the Health – General Article, establishing an expert 21
129+panel on child abuse and neglect, can be repealed without reducing the amount or quality 22
130+of information provided to the General Assembly as the expert panel has completed its work 23
131+and the efforts and reporting requirements of the expert panel can be assumed by the State 24
132+Council on Child Abuse and Neglect established under § 5–7A–01 of the Family Law 25
133+Article; and 26
135134
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:
135+ WHEREAS, The Maryland Department of Health currently is named as the payor 27
136+of last resort and given authority to adopt regulations for payments for emergency medical 28
137+treatment to children in cases of child abuse and neglect under § 5–712(e) of the Family 29
138+Law Article; and 30
138139
139- “No person under the age of 21 may be sold tobacco [products without military
140-identification”] PRODUCTS”.
140+ WHEREAS, The Governor’s Office of Crime Prevention, Youth, and Victim Services 31
141+and Policy has taken over the responsibility as the payor of last resort for the payments for 32
142+emergency medical treatment; now, therefore, 33
141143
142- (b) The sign required under this section shall be written in letters at least
143-one–half inch high.
144- Ch. 766 2024 LAWS OF MARYLAND
144+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34
145+That the Laws of Maryland read as follows: 35
145146
146-– 4 –
147-16.7–204.1.
147+Article – Business Regulation 36 4 SENATE BILL 220
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”.
154150
155- (b) The sign required under this section shall be written in letters at least
156-one–half inch high.
151+16–209. 1
157152
158-Article – Criminal Law
153+ (c) (1) A licensee shall post a sign in a location that is clearly visible to the 2
154+consumer that states: 3
159155
160-10–107.
156+ “No person under the age of 21 may be sold tobacco [products without military 4
157+identification”] PRODUCTS”. 5
161158
162- (b) (1) This subsection does not apply to the distribution of a tobacco product
163-or tobacco paraphernalia to[:
159+ (2) The sign required under this subsection shall be written in letters at 6
160+least one–half inch high. 7
164161
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
162+16.5–214.1. 8
168163
169- (ii) a purchaser or recipient who:
164+ (a) A licensed other tobacco products retailer shall post a sign in a location that 9
165+is clearly visible to the consumer that states: 10
170166
171- 1. is at least 18 years of age;
167+ “No person under the age of 21 may be sold tobacco [products without military 11
168+identification”] PRODUCTS”. 12
172169
173- 2. is an active duty member of the military; and
170+ (b) The sign required under this section shall be written in letters at least 13
171+one–half inch high. 14
174172
175- 3. presents a valid military identification].
173+16.7–204.1. 15
176174
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:
175+ (a) A retail licensee shall post a sign in a location that is clearly visible to the 16
176+consumer that states: 17
180177
181- (i) a tobacco product;
178+ “No person under the age of 21 may be sold tobacco [products without military 18
179+identification”] PRODUCTS”. 19
182180
183- (ii) tobacco paraphernalia; or
181+ (b) The sign required under this section shall be written in letters at least 20
182+one–half inch high. 21
184183
185- (iii) a coupon redeemable for a tobacco product.
184+Article – Criminal Law 22
186185
187- (c) A person not described in subsection (b)(2) of this section may not:
186+10–107. 23
188187
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. 766
188+ (b) (1) This subsection does not apply to the distribution of a tobacco product 24
189+or tobacco paraphernalia to[: 25
192190
193-– 5 –
194- (i) is at least 18 years of age;
191+ (i)] an individual under the age of 21 years who is acting solely as 26
192+the agent of the individual’s employer if the employer distributes tobacco products or 27
193+tobacco paraphernalia for commercial purposes[; or 28
195194
196- (ii) is an active duty member of the military; and
195+ (ii) a purchaser or recipient who: 29 SENATE BILL 220 5
197196
198- (iii) presents a valid military identification]; or
199197
200- (2) distribute tobacco paraphernalia to an individual under the age of 21
201-years[, unless the individual:
202198
203- (i) is at least 18 years of age;
199+ 1. is at least 18 years of age; 1
204200
205- (ii) is an active duty member of the military; and
201+ 2. is an active duty member of the military; and 2
206202
207- (iii) presents a valid military identification].
203+ 3. presents a valid military identification]. 3
208204
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].
205+ (2) A person who distributes tobacco products for commercial purposes, 4
206+including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the 5
207+Business Regulation Article, may not distribute to an individual under the age of 21 years: 6
213208
214-Article – Family Law
209+ (i) a tobacco product; 7
215210
216-5–712.
211+ (ii) tobacco paraphernalia; or 8
217212
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.
213+ (iii) a coupon redeemable for a tobacco product. 9
224214
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.
215+ (c) A person not described in subsection (b)(2) of this section may not: 10
229216
230- (3) The local department shall:
217+ (1) purchase for or sell a tobacco product to an individual under the age of 11
218+21 years[,unless the individual: 12
231219
232- (i) immediately determine whether a child treated or examined
233-under this section is eligible for medical assistance payments; and
220+ (i) is at least 18 years of age; 13
234221
235- (ii) secure medical assistance benefits for any eligible child
236-examined or treated under this section.
222+ (ii) is an active duty member of the military; and 14
237223
238-5–7A–01. Ch. 766 2024 LAWS OF MARYLAND
224+ (iii) presents a valid military identification]; or 15
239225
240-– 6 –
226+ (2) distribute tobacco paraphernalia to an individual under the age of 21 16
227+years[, unless the individual: 17
241228
242- (a) There is a State Council on Child Abuse and Neglect.
229+ (i) is at least 18 years of age; 18
243230
244-5–7A–06.
231+ (ii) is an active duty member of the military; and 19
245232
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:
233+ (iii) presents a valid military identification]. 20
251234
252- (1) the State plan under 42 U.S.C. § 5106a(b);
235+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 21
236+examined the purchaser’s or recipient’s driver’s license or other valid identification issued 22
237+by a government unit that positively identified the purchaser or recipient as at least 21 23
238+years of age [or as at least 18 years of age and an active duty member of the military]. 24
253239
254- (2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and
240+Article – Family Law 25
255241
256- (3) any other criteria that the Council considers important to ensure the
257-protection of children, including:
242+5–712. 26
243+ 6 SENATE BILL 220
258244
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
262245
263- (ii) a review of child fatalities and near fatalities.
246+ (e) (1) In accordance with regulations adopted by the [Secretary of Health] 1
247+EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 2
248+YOUTH, AND VICTIM SERVICES AND POLICY, the [Maryland Department of Health] 3
249+GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES AND 4
250+POLICY shall pay for emergency medical treatment charges that are incurred on behalf of 5
251+a child who is examined or treated under this section. 6
264252
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.
253+ (2) The child’s parent or guardian is liable to the [Maryland Department 7
254+of Health] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 8
255+SERVICES AND POLICY for the payments and shall take any steps necessary to secure 9
256+health benefits available for the child from a public or private benefit program. 10
268257
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.
258+ (3) The local department shall: 11
273259
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.
260+ (i) immediately determine whether a child treated or examined 12
261+under this section is eligible for medical assistance payments; and 13
277262
278-5–7A–09.
263+ (ii) secure medical assistance benefits for any eligible child 14
264+examined or treated under this section. 15
279265
280- (a) The Council shall report and make recommendations annually to the
281-Governor and the General Assembly on:
266+5–7A–01. 16
282267
283- (1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE
284-ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, WES MOORE, Governor Ch. 766
268+ (a) There is a State Council on Child Abuse and Neglect. 17
285269
286-– 7 –
287-INCLUDING DATA COL LECTED ON CHILD ABUS E AND NEGLECT DIAGNO SES AND
288-TREATMENT ; AND
270+5–7A–06. 18
289271
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.
272+ (a) In addition to any duties set forth elsewhere, the Council shall, by examining 19
273+the policies and procedures of State and local agencies and specific cases that the Council 20
274+considers necessary to perform its duties under this section, evaluate the extent to which 21
275+State and local agencies are effectively discharging their child protection responsibilities in 22
276+accordance with: 23
293277
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.
278+ (1) the State plan under 42 U.S.C. § 5106a(b); 24
296279
297-Article – Health – General
280+ (2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and 25
298281
299-13–1013.
282+ (3) any other criteria that the Council considers important to ensure the 26
283+protection of children, including: 27
300284
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:
285+ (i) a review of the extent to which the State child protective services 28
286+system is coordinated with the foster care and adoption program established under Part E 29
287+of Title IV of the Social Security Act; and 30
305288
306- (1) Identifies the goals of the Counter–Marketing and Media Component
307-and the target dates for meeting these goals;
289+ (ii) a review of child fatalities and near fatalities. 31
290+ SENATE BILL 220 7
308291
309- (2) Describes the various elements of the Counter–Marketing and Media
310-Component and how the Department plans to implement the Component; and
311292
312- (3) Identifies the different target audiences of the Counter–Marketing and
313-Media Component.]
293+ (b) The Council may request that a local citizens review panel established under 1
294+§ 5–539.2 of this title conduct a review under this section and report its findings to the 2
295+Council. 3
314296
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.
297+ (c) The Council shall coordinate its activities under this section with the State 4
298+Citizens Review Board for Children, local citizens review panels, [and] the child fatality 5
299+review teams, AND THE CHILD ABUSE MEDICAL PROVIDERS (MARYLAND CHAMP) 6
300+INITIATIVE in order to avoid unnecessary duplication of effort. 7
318301
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.
302+ (d) The chairperson of the Council may designate members of the Children’s 8
303+Justice Act Committee as special members of the Council for the purpose of carrying out 9
304+the duties set forth in this section. 10
323305
324- (3) At a minimum, the request for proposal shall:
306+5–7A–09. 11
325307
326- (i) State with specificity the goals of the Counter–Marketing and
327-Media Component;
308+ (a) The Council shall report and make recommendations annually to the 12
309+Governor and the General Assembly on: 13
328310
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. 766 2024 LAWS OF MARYLAND
311+ (1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE 14
312+ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, 15
313+INCLUDING DATA COLLE CTED ON CHILD ABUSE AND NEGLECT DIAGNOSE S AND 16
314+TREATMENT ; AND 17
333315
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.
316+ (2) matters relating to the prevention, detection, prosecution, and 18
317+treatment of child abuse and neglect, including policy and training needs that require the 19
318+attention and action of the Governor or the General Assembly. 20
337319
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.
320+ (b) The Council shall annually prepare and make available to the public a report 21
321+containing a summary of its activities under § 5–7A–05 of this subtitle. 22
342322
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:
323+Article – Health – General 23
345324
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;
325+13–1013. 24
348326
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
327+ [(d) Subject to subsection (c)(2) of this section, before spending any funds allocated 25
328+in the State budget to the Counter–Marketing and Media Component and no later than 26
329+January 1, 2001, the Department shall submit a report to the Governor and, subject to § 27
330+2–1257 of the State Government Article, the General Assembly that: 28
352331
353- (3) Coordinating the purchase of broadcast time with other states.
332+ (1) Identifies the goals of the Counter–Marketing and Media Component 29
333+and the target dates for meeting these goals; 30
354334
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.
335+ (2) Describes the various elements of the Counter–Marketing and Media 31
336+Component and how the Department plans to implement the Component; and 32
337+ 8 SENATE BILL 220
361338
362-13–1108.
363339
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.
340+ (3) Identifies the different target audiences of the Counter–Marketing and 1
341+Media Component.] 2
368342
369-[13–2205.
343+ [(e)] (D) (1) The Department may contract with a higher education 3
344+institution or private entity to implement any part of the Counter–Marketing and Media 4
345+Component. 5
370346
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.
347+ (2) If the Department determines that any part of the Counter–Marketing 6
348+and Media Component should be implemented by a higher education institution or private 7
349+entity, the Department shall issue a request for proposal to select the entity that will 8
350+implement that part of the Component. 9
373351
374- (b) The panel shall assist the Secretary in:
352+ (3) At a minimum, the request for proposal shall: 10
375353
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. 766
354+ (i) State with specificity the goals of the Counter–Marketing and 11
355+Media Component; 12
380356
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.
357+ (ii) State with specificity the objectives and performance criteria 13
358+that will be used to measure the success of the program to which the request for proposal 14
359+relates; and 15
385360
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.
361+ (iii) Require that the response to the request for proposal include a 16
362+plan to reach the targeted audiences identified by the Department. 17
390363
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.]
364+ (4) If the Department issues a request for proposal to select an entity to 18
365+implement any part of the Counter–Marketing and Media Component, the Department 19
366+shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in 20
367+administering the request for proposal process. 21
395368
396-24–305.
369+ [(f)] (E) To the extent practicable, the Department shall take steps to maximize 22
370+the cost effectiveness of the Counter–Marketing and Media Component, including: 23
397371
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.
372+ (1) Using advertisements and other communications and public relations 24
373+products and services that have been developed by and shown to be effective in other states; 25
401374
402- (2) This subsection does not apply to[:
375+ (2) Subject to subsection [(g)] (F) of this section, using money that is 26
376+allocated to the Counter–Marketing and Media Component to obtain money from the 27
377+federal government, the National Public Education Fund, or any other entity; and 28
403378
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
379+ (3) Coordinating the purchase of broadcast time with other states. 29
408380
409- (ii) A purchaser or recipient who:
381+ [(g)] (F) The Department may not accept money from the federal government, 30
382+the National Public Education Fund, or any other entity if the Department is required to 31
383+accept, as a condition of receiving the money, restrictions on the content of advertisements, 32
384+communications, or other public relations products or services that are funded with money 33 SENATE BILL 220 9
410385
411- 1. Is at least 18 years of age;
412386
413- 2. Is an active duty member of the military; and
387+from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes 1
388+of this subtitle. 2
414389
415- 3. Presents a valid military identification].
390+13–1108. 3
416391
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].
392+ (F) THE DEPARTMENT MAY REALLO CATE PROJECTED UNSPE NT FUNDS 4
393+AWARDED TO A COUNTY TO ANOTHER COUNTY AS NEEDED DURING THE FI SCAL YEAR 5
394+IN ORDER TO ADDRESS ANY UNMET COUNTY FUN DING NEEDS AS DETERM INED 6
395+UNDER § 13–1107 OF THIS SUBTITLE. 7
421396
422-24–307.
397+[13–2205. 8
423398
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. 766 2024 LAWS OF MARYLAND
399+ (a) The Secretary shall appoint and convene an expert panel on child abuse and 9
400+neglect relating to research and data collection at least one time each year. 10
427401
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
402+ (b) The panel shall assist the Secretary in: 11
431403
432- (ii) Sent through the mail.
404+ (1) Reviewing the appropriateness of current procedural terminology 12
405+(CPT) codes and billing protocols for services provided regarding child abuse and neglect; 13
406+and 14
433407
434- (2) This section does not apply to the distribution of a tobacco product or
435-tobacco paraphernalia to[:
408+ (2) Determining how diagnosis and treatment data may be preserved to 15
409+provide statistics on the extent of child abuse and neglect in the State, including through 16
410+the creation of a special billing code. 17
436411
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
412+ (c) The panel shall meet at least one time each year with representatives from 18
413+each emergency room, child advocacy center, and any other facility that provides expert 19
414+child abuse and neglect care, as defined in § 5–712 of the Family Law Article, to provide 20
415+training in current procedural terminology (CPT) codes and billing protocols. 21
440416
441- (ii) A purchaser or recipient who:
417+ (d) On or before December 1 of each year, the panel shall submit a report, in 22
418+accordance with § 2–1257 of the State Government Article, to the General Assembly on the 23
419+data collected on child abuse and neglect diagnosis and treatment and the activities of the 24
420+Initiative.] 25
442421
443- 1. Is at least 18 years of age;
422+24–305. 26
444423
445- 2. Is an active duty member of the military; and
424+ (b) (1) Except as provided in paragraph (2) of this subsection, a person may 27
425+not sell, distribute, or offer for sale to an individual under the age of 21 years an electronic 28
426+smoking device, as defined in § 16.7–101(c) of the Business Regulation Article. 29
446427
447- 3. Presents a valid military identification].
428+ (2) This subsection does not apply to[: 30
448429
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].
430+ (i) An] AN electronic smoking device that contains or delivers 31
431+nicotine intended for human consumption if the device has been approved by the United 32 10 SENATE BILL 220
454432
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.
460433
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:
434+States Food and Drug Administration for sale as a tobacco cessation product and is being 1
435+marketed and sold solely for this purpose[; or 2
463436
464- (i) The development of enforcement strategies required under
465-paragraph (1) of this subsection; and
437+ (ii) A purchaser or recipient who: 3
466438
467- (ii) Training and assistance to tobacco retailers to improve
468-compliance with § 10–107 of the Criminal Law Article.
439+ 1. Is at least 18 years of age; 4
469440
470-Article – Local Government
441+ 2. Is an active duty member of the military; and 5
471442
472-1–1203.
473- WES MOORE, Governor Ch. 766
443+ 3. Presents a valid military identification]. 6
474444
475-– 11 –
476- (a) This section applies only in:
445+ (d) In a prosecution for a violation of this section, it is a defense that the defendant 7
446+examined the purchaser’s or recipient’s driver’s license or other valid identification issued 8
447+by a government unit that positively identified the purchaser or recipient as at least 21 9
448+years of age [or as at least 18 years of age and an active duty member of the military]. 10
477449
478- (1) Carroll County;
450+24–307. 11
479451
480- (2) Cecil County;
452+ (a) (1) This section does not apply to the distribution of a coupon that is 12
453+redeemable for a tobacco product if the coupon is: 13
481454
482- (3) Garrett County; and
455+ (i) Contained in a newspaper, a magazine, or any other type of 14
456+publication in which the coupon is incidental to the primary purpose of the publication; or 15
483457
484- (4) St. Mary’s County.
458+ (ii) Sent through the mail. 16
485459
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:
460+ (2) This section does not apply to the distribution of a tobacco product or 17
461+tobacco paraphernalia to[: 18
488462
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
463+ (i) An] AN individual under the age of 21 years who is acting solely 19
464+as the agent of the individual’s employer if the employer distributes tobacco products or 20
465+tobacco paraphernalia for commercial purposes[; or 21
491466
492- (2) is sent through the mail.
467+ (ii) A purchaser or recipient who: 22
493468
494- (c) A person may not:
469+ 1. Is at least 18 years of age; 23
495470
496- (1) distribute a tobacco product to an individual under the age of 21 years,
497-unless[:
471+ 2. Is an active duty member of the military; and 24
498472
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
473+ 3. Presents a valid military identification]. 25
501474
502- (ii) the individual:
475+ (d) In a prosecution for a violation of subsection (b) of this section, it is a defense 26
476+that the defendant examined the purchaser’s or recipient’s driver’s license or other valid 27
477+identification issued by a governmental unit that positively identified the purchaser or 28
478+recipient as at least 21 years old [or as at least 18 years of age and an active duty member 29
479+of the military]. 30 SENATE BILL 220 11
503480
504- 1. is at least 18 years of age;
505481
506- 2. is an active duty member of the military; and
507482
508- 3. presents a valid military identification;]
483+ (f) (1) The Maryland Department of Health, in collaboration and consultation 1
484+with the Office of the Comptroller, the Executive Director of the Alcohol [and], Tobacco, 2
485+AND CANNABIS Commission, local health departments, and local law enforcement 3
486+agencies, shall develop ongoing strategies for enforcement of [§§ 10–107 and 10–108] § 4
487+10–107 of the Criminal Law Article. 5
509488
510- (2) distribute cigarette rolling papers to an individual under the age of 21
511-years[, unless the individual:
489+ (2) On or before October 1 each year, the Department shall report to the 6
490+General Assembly, in accordance with § 2–1257 of the State Government Article, on: 7
512491
513- (i) is at least 18 years of age;
492+ (i) The development of enforcement strategies required under 8
493+paragraph (1) of this subsection; and 9
514494
515- (ii) is an active duty member of the military; and
495+ (ii) Training and assistance to tobacco retailers to improve 10
496+compliance with § 10–107 of the Criminal Law Article. 11
516497
517- (iii) presents a valid military identification]; or
498+Article – Local Government 12
518499
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. 766 2024 LAWS OF MARYLAND
500+1–1203. 13
522501
523-– 12 –
524- (i) is at least 18 years of age;
502+ (a) This section applies only in: 14
525503
526- (ii) is an active duty member of the military; and
504+ (1) Carroll County; 15
527505
528- (iii) presents a valid military identification].
506+ (2) Cecil County; 16
529507
530- (d) A person has not violated this section if:
508+ (3) Garrett County; and 17
531509
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
510+ (4) St. Mary’s County. 18
535511
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].
512+ (b) Subsection (c)(3) of this section does not apply to the distribution of a coupon 19
513+that is redeemable for a tobacco product if the coupon: 20
539514
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:
515+ (1) is contained in a newspaper, magazine, or other type of publication and 21
516+the coupon is incidental to the primary purpose of the publication; or 22
542517
543- (i) $300 for the first violation; and
518+ (2) is sent through the mail. 23
544519
545- (ii) $500 for any subsequent violation within 24 months after the
546-previous citation.
520+ (c) A person may not: 24
547521
548- (2) In Cecil County, a person who violates this section commits a civil
549-infraction and is subject to a civil penalty of:
522+ (1) distribute a tobacco product to an individual under the age of 21 years, 25
523+unless[: 26
550524
551- (i) $300 for the first violation;
525+ (i)] the individual is acting solely as the agent of the individual’s 27
526+employer who is engaged in the business of distributing tobacco products; [or 28
527+ 12 SENATE BILL 220
552528
553- (ii) $500 for a second violation; and
554529
555- (iii) $750 for any subsequent violation.
530+ (ii) the individual: 1
556531
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.
532+ 1. is at least 18 years of age; 2
559533
560- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
561-October 1, 2024.
534+ 2. is an active duty member of the military; and 3
562535
563-Approved by the Governor, May 16, 2024.
536+ 3. presents a valid military identification;] 4
537+
538+ (2) distribute cigarette rolling papers to an individual under the age of 21 5
539+years[, unless the individual: 6
540+
541+ (i) is at least 18 years of age; 7
542+
543+ (ii) is an active duty member of the military; and 8
544+
545+ (iii) presents a valid military identification]; or 9
546+
547+ (3) distribute to an individual under the age of 21 years a coupon 10
548+redeemable for a tobacco product[, unless the individual: 11
549+
550+ (i) is at least 18 years of age; 12
551+
552+ (ii) is an active duty member of the military; and 13
553+
554+ (iii) presents a valid military identification]. 14
555+
556+ (d) A person has not violated this section if: 15
557+
558+ (1) the person examined the driver’s license or other valid 16
559+government–issued identification presented by the recipient of a tobacco product, cigarette 17
560+rolling paper, or coupon redeemable for a tobacco product; and 18
561+
562+ (2) the license or other identification positively identified the recipient as 19
563+being at least 21 years old [or as being at least 18 years of age and an active duty member 20
564+of the military]. 21
565+
566+ (e) (1) In Carroll County and St. Mary’s County, a person who violates this 22
567+section commits a civil infraction and is subject to a civil penalty of: 23
568+
569+ (i) $300 for the first violation; and 24
570+
571+ (ii) $500 for any subsequent violation within 24 months after the 25
572+previous citation. 26
573+
574+ (2) In Cecil County, a person who violates this section commits a civil 27
575+infraction and is subject to a civil penalty of: 28 SENATE BILL 220 13
576+
577+
578+
579+ (i) $300 for the first violation; 1
580+
581+ (ii) $500 for a second violation; and 2
582+
583+ (iii) $750 for any subsequent violation. 3
584+
585+ (3) In Garrett County, a person who violates this section commits a civil 4
586+infraction and is subject to a civil penalty not exceeding $300. 5
587+
588+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
589+October 1, 2024. 7
590+
591+
592+
593+Approved:
594+________________________________________________________________________________
595+ Governor.
596+________________________________________________________________________________
597+ President of the Senate.
598+________________________________________________________________________________
599+ Speaker of the House of Delegates.