Maryland 2024 Regular Session

Maryland Senate Bill SB739 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0739
6	6
7	7	SENATE BILL 739
8	8	J1 4lr2140
9	9	CF 4lr2141
10	10	By: Senator Hester
11	11	Introduced and read first time: January 31, 2024
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Algorithmic Addiction Fund – Establishment 2
19	19
20	20	FOR the purpose of establishing the Algorithmic Addiction Fund as a special, nonlapsing 3
21	21	fund; requiring interest earnings of the Fund to be credited to the Fund; requiring 4
22	22	the Secretary of Health to develop certain goals, objectives, and indicators relating 5
23	23	to algorithmic addiction treatment and prevention efforts and to consult with certain 6
24	24	stakeholders on a certain basis to identify recommended appropriations from the 7
25	25	Fund; and generally relating to the Algorithmic Addiction Fund. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – State Finance and Procurement 10
29	29	Section 6–226(a)(2)(i) 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume and 2023 Supplement) 13
32	32
33	33	BY repealing and reenacting, with amendments, 14
34	34	Article – State Finance and Procurement 15
35	35	Section 6–226(a)(2)(ii)189. and 190. 16
36	36	Annotated Code of Maryland 17
37	37	(2021 Replacement Volume and 2023 Supplement) 18
38	38
39	39	BY adding to 19
40	40	Article – State Finance and Procurement 20
41	41	Section 6–226(a)(2)(ii)191. and 7–332 21
42	42	Annotated Code of Maryland 22
43	43	(2021 Replacement Volume and 2023 Supplement) 23
44	44
45	45	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
46	46	That the Laws of Maryland read as follows: 25
47	47
48	48	Article – State Finance and Procurement 26 2 SENATE BILL 739
49	49
50	50
51	51
52	52	6–226. 1
53	53
54	54	(a) (2) (i) Notwithstanding any other provision of law, and unless 2
55	55	inconsistent with a federal law, grant agreement, or other federal requirement or with the 3
56	56	terms of a gift or settlement agreement, net interest on all State money allocated by the 4
57	57	State Treasurer under this section to special funds or accounts, and otherwise entitled to 5
58	58	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 6
59	59	Fund of the State. 7
60	60
61	61	(ii) The provisions of subparagraph (i) of this paragraph do not apply 8
62	62	to the following funds: 9
63	63
64	64	189. the Teacher Retention and Development Fund; [and] 10
65	65
66	66	190. the Protecting Against Hate Crimes Grant Fund; AND 11
67	67
68	68	191. THE ALGORITHMIC ADDICTION FUND. 12
69	69
70	70	7–332. 13
71	71
72	72	(A) IN THIS SECTION , “FUND” MEANS THE ALGORITHMIC ADDICTION 14
73	73	FUND. 15
74	74
75	75	(B) THERE IS AN ALGORITHMIC ADDICTION FUND. 16
76	76
77	77	(C) THE PURPOSE OF THE FUND IS TO RETAIN THE AMOUNT OF 17
78	78	SETTLEMENT REVENUES DEPOSITED TO THE FUND IN ACCORDANCE WI TH 18
79	79	SUBSECTION (F)(1) OF THIS SECTION. 19
80	80
81	81	(D) THE MARYLAND DEPARTMENT OF HEALTH SHALL ADMIN ISTER THE 20
82	82	FUND. 21
83	83
84	84	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 22
85	85	SUBJECT TO § 7–302 OF THIS SUBTITLE. 23
86	86
87	87	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 24
88	88	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 25
89	89
90	90	(F) THE FUND CONSISTS OF : 26
91	91
92	92	(1) ALL REVENUES RECEIVE D BY THE STATE FROM ANY SOURCE 27
93	93	RESULTING, DIRECTLY OR INDIRECT LY, FROM A JUDGMENT AGAI NST, OR 28
94	94	SETTLEMENT WITH , TECHNOLOGY CONGLOMER ATES, TECHNOLOGY COMPANIES , 29
95	95	SOCIAL MEDIA CONGLOM ERATES, OR SOCIAL MEDIA COMP ANIES RELATING TO 30 SENATE BILL 739 3
96	96
97	97
98	98	CLAIMS MADE OR PROSECUTED BY THE STATE TO RECOVER DAMA GES FOR 1
99	99	VIOLATIONS OF STATE LAW; 2
100	100
101	101	(2) ANY FUNDS APPROPRIAT ED IN THE STATE BUDGET ; AND 3
102	102
103	103	(3) THE INTEREST EARNING S OF THE FUND. 4
104	104
105	105	(G) (1) THE FUND MAY BE USED ONLY TO PROVIDE FUNDS FOR : 5
106	106
107	107	(I) CONDUCTING A NEEDS AS SESSMENT THROUGHOUT THE 6
108	108	STATE TO DETERMINE WH ERE RESOURCES ARE NE EDED AND BEST PRACTI CES FOR 7
109	109	ALGORITHMIC ADDICTIO N PREVENTION , INTERVENTION , AND TREATMENT ; 8
110	110
111	111	(II) IMPROVING AND STRENGT HENING ACCESS TO SER VICES 9
112	112	PROVEN TO TREAT THE MENTAL AND PHYSICAL HEAL TH IMPACTS ASSOCIATE D WITH 10
113	113	ALGORITHMIC ADDICTIO N, INCLUDING DEPRESSION , ANXIETY, EATING DISORDERS , 11
114	114	SUICIDE, AND SLEEP PROBLEMS ; 12
115	115
116	116	(III) ALGORITHMIC ADDICTIO N INTERVENTION SERVICES ; 13
117	117
118	118	(IV) ALGORITHMIC ADDICTIO N PREVENTION SERVICES , 14
119	119	INCLUDING THE ORGANIZATION OF PRIMARY AND SECONDAR Y SCHOOL EDUCATION 15
120	120	CAMPAIGNS TO PREVENT ALGORITHMIC ADDICTIO N AND PROMOTE DIGITA L AND 16
121	121	MEDIA LITERACY , INCLUDING FOR ADMINI STRATIVE EXPENSES ; 17
122	122
123	123	(V) RESEARCH AND TRAINING FOR ALGORITHMIC ADDICTION 18
124	124	TREATMENT AND PREVEN TION, AND SOCIAL MEDIA AND YOUTH MENTAL HEALTH , 19
125	125	INCLUDING FOR ADMINI STRATIVE EXPENSES ; AND 20
126	126
127	127	(VI) SUPPORTING AND EXPAN DING OTHER EVIDENCE –BASED 21
128	128	INTERVENTIONS FOR AL GORITHMIC ADDICTION PREVENTION AND TREAT MENT. 22
129	129
130	130	(2) AFTER SATISFYING THE REQUI REMENTS OF PARAGRAPH (1) OF 23
131	131	THIS SUBSECTION , ANY UNSPENT FUNDS IN THE ALGORITHMIC ADDICTION FUND 24
132	132	MAY BE EXPENDED BY T HE MARYLAND DEPARTMENT OF HEALTH FOR YOUTH 25
133	133	MENTAL HEALTH SERVIC ES. 26
134	134
135	135	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27
136	136	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28
137	137
138	138	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 29
139	139	THE FUND. 30
140	140	4 SENATE BILL 739
141	141
142	142
143	143	(I) (1) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 1
144	144	ACCORDANCE WITH THE STATE BUDGET . 2
145	145
146	146	(2) FOR REVENUES REC EIVED BY THE STATE FROM ANY SOURCE 3
147	147	RESULTING, DIRECTLY OR INDIRECT LY, FROM A JUDGMENT AGAI NST, OR 4
148	148	SETTLEMENT WITH , TECHNOLOGY CONGLOMER ATES, TECHNOLOGY COMPANIES , 5
149	149	SOCIAL MEDIA CONGLOM ERATES, OR SOCIAL MEDIA COMP ANIES: 6
150	150
151	151	(I) APPROPRIATIONS FROM THE FUND IN THE STATE BUDGET 7
152	152	SHALL BE MADE IN ACC ORDANCE WITH THE ALLOCATION AND DISTR IBUTION OF 8
153	153	FUNDS TO THE STATE AND ITS POLITIC AL SUBDIVISIONS AS A GREED ON IN ANY 9
154	154	STATE–SUBDIVISION AGREEMEN T, AS AMENDED; AND 10
155	155
156	156	(II) THE SECRETARY O F HEALTH SHALL ESTABLIS H AND 11
157	157	ADMINISTER A GRANT P ROGRAM FOR THE DISTR IBUTION OF FUNDS TO POLITICAL 12
158	158	SUBDIVISIONS OF THE STATE IN ACCORDANCE W ITH ANY STATE–SUBDIVISION 13
159	159	AGREEMENT , AS AMENDED. 14
160	160
161	161	(3) THE ATTORNEY GENERAL SHALL IDENTIF Y AND DESIGNATE THE 15
162	162	CONTROLLING VERSION OF AN AGREEMENT OR AMENDME NT DESCRIBED UNDER 16
163	163	PARAGRAPH (2) OF THIS SUBSECTION . 17
164	164
165	165	(J) (1) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAMS AND 18
166	166	SERVICES DESCRIBED U NDER SUBSECTION (G) OF THIS SECTION IS S UPPLEMENTAL 19
167	167	TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE 20
168	168	WOULD BE APPROPRIATE D FOR THE PROGRAMS A ND SERVICES. 21
169	169
170	170	(2) EXCEPT AS SPECIFIED I N SUBSECTION (G) OF THIS SECTION , 22
171	171	MONEY EXPENDED FROM THE FUND MAY NOT BE USED FOR ADMINISTRATIVE 23
172	172	EXPENSES. 24
173	173
174	174	(K) THE SECRETARY OF HEALTH SHALL: 25
175	175
176	176	(1) DEVELOP KEY GOALS , KEY OBJECTIVES , AND KEY PERFORMANCE 26
177	177	INDICATORS RELATING TO ALGORITHMIC ADDI CTION TREATMENT AND 27
178	178	PREVENTION EFFORTS ; 28
179	179
180	180	(2) SUBJECT TO SUBSECTION (H)(2) OF THIS SECTION , AT LEAST 29
181	181	ONCE EACH YEAR, CONSULT WITH ALGORITHMIC ADDICTION TREATMENT AND 30
182	182	PREVENTION STAKEHOLD ERS, INCLUDING CONSUMERS , PROVIDERS, FAMILIES, 31
183	183	AND ADVOCATES , TO IDENTIFY RECOMMEN DED APPROPRIATIONS F ROM THE FUND; 32
184	184	AND 33
185	185	SENATE BILL 739 5
186	186
187	187
188	188	(3) ON OR BEFORE NOVEMBER 1 EACH YEAR, REPORT TO THE 1
189	189	GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 2
190	190	ARTICLE, ON: 3
191	191
192	192	(I) AN ACCOUNTING OF TOT AL FUNDS EXPENDED FR OM THE 4
193	193	FUND IN THE IMMEDIATE LY PRECEDING FISCAL YEAR, BY: 5
194	194
195	195	1. USE; 6
196	196
197	197	2. IF APPLICABLE, JURISDICTION; AND 7
198	198
199	199	3. BUDGET PROGRAM AND S UBDIVISION; 8
200	200
201	201	(II) THE PERFORMANCE INDI CATORS AND PROGRESS TOWARD 9
202	202	ACHIEVING THE GOALS AND OBJECTIVES DEVEL OPED UNDER ITEM (1) OF THIS 10
203	203	SUBSECTION; AND 11
204	204
205	205	(III) THE RECOMMENDED APPR OPRIATIONS FROM THE FUND 12
206	206	IDENTIFIED IN ACCORD ANCE WITH ITEM (2) OF THIS SUBSECTION . 13
207	207
208	208	SECTION 2. AND BE IT FURTHER ENACTED, That: 14
209	209
210	210	(a) Section 1 of this Act shall take effect contingent on a judgment by a federal or 15
211	211	State court against, or settlement with, technology conglomerates, technology companies, 16
212	212	social media conglomerates, or social media companies relating to any claims made or 17
213	213	prosecuted by the State to recover damages for violations of State law. 18
214	214
215	215	(b) Within 5 days after a judgment or settlement described in subsection (a) of 19
216	216	this section is awarded or approved, the Attorney General shall notify the Department of 20
217	217	Legislative Services. 21
218	218
219	219	(c) Section 1 of this Act shall take effect on the date the notice is received by the 22
220	220	Department of Legislative Services in accordance with subsection (b) of this section. 23
221	221
222	222	SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 24
223	223	Act, this Act shall take effect June 1, 2024. 25