Maryland 2025 Regular Session

Maryland Senate Bill SB493 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0493*
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77 SENATE BILL 493
88 J1 5lr2964
99 CF 5lr2965
1010 By: Senator Jackson
1111 Introduced and read first time: January 22, 2025
1212 Assigned to: Budget and Taxation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Maryland Pediatric Cancer Fund – Funding 2
1919
2020 FOR the purpose of requiring the Governor to include in the annual budget bill a certain 3
2121 appropriation to the Maryland Pediatric Cancer Fund; altering the funding sources 4
2222 of the Maryland Pediatric Cancer Fund to include money from the Cigarette 5
2323 Restitution Fund; altering the authorized uses of the Cigarette Restitution Fund to 6
2424 include providing funding to the Maryland Pediatric Cancer Fund; and generally 7
2525 relating to funding for the Maryland Pediatric Cancer Fund. 8
2626
2727 BY repealing and reenacting, with amendments, 9
2828 Article – Health – General 10
2929 Section 20–120 11
3030 Annotated Code of Maryland 12
3131 (2023 Replacement Volume and 2024 Supplement) 13
3232
3333 BY repealing and reenacting, without amendments, 14
3434 Article – State Finance and Procurement 15
3535 Section 7–317(a) 16
3636 Annotated Code of Maryland 17
3737 (2021 Replacement Volume and 2024 Supplement) 18
3838
3939 BY repealing and reenacting, with amendments, 19
4040 Article – State Finance and Procurement 20
4141 Section 7–317(f)(1) and (g) 21
4242 Annotated Code of Maryland 22
4343 (2021 Replacement Volume and 2024 Supplement) 23
4444
4545 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
4646 That the Laws of Maryland read as follows: 25
4747
4848 Article – Health – General 26 2 SENATE BILL 493
4949
5050
5151
5252 20–120. 1
5353
5454 (a) (1) In this section the following words have the meanings indicated. 2
5555
5656 (2) “Fund” means the Maryland Pediatric Cancer Fund established under 3
5757 this section. 4
5858
5959 (3) “Pediatric cancer research” includes research to develop and advance 5
6060 the understanding of pediatric cancer and the techniques and modalities effective in the 6
6161 prevention, cure, screening, and treatment of pediatric cancer. 7
6262
6363 (b) (1) There is a Maryland Pediatric Cancer Fund. 8
6464
6565 (2) The Fund consists of: 9
6666
6767 (i) Money appropriated in the State budget to the Fund; [and] 10
6868
6969 (II) MONEY FROM THE CIGARETTE RESTITUTION FUND 11
7070 APPROPRIATED IN ACCO RDANCE WITH § 7–317 OF THE STATE FINANCE AND 12
7171 PROCUREMENT ARTICLE; AND 13
7272
7373 [(ii)] (III) Any donations or other money from any other source 14
7474 accepted for the benefit of the Fund. 15
7575
7676 (3) The Secretary shall administer the Fund. 16
7777
7878 (4) The Fund shall be used only for pediatric cancer research and 17
7979 administrative expenses as provided in subsection (c) of this section. 18
8080
8181 (5) The Fund shall be maintained for the purposes stated in this section 19
8282 and unspent portions of the Fund shall remain in the Fund and may not revert to the 20
8383 General Fund of the State. 21
8484
8585 (6) Money expended from the Fund for pediatric cancer research is 22
8686 supplemental and is not intended to take the place of funding that would otherwise be 23
8787 appropriated to the Department for pediatric cancer research. 24
8888
8989 (7) All expenditures from the Fund shall be made only in accordance with 25
9090 an appropriation approved by the General Assembly in the annual State budget or through 26
9191 an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and 27
9292 Procurement Article. 28
9393
9494 (8) [(i)] For fiscal year [2023] 2027 AND EACH FISCAL YEAR 29
9595 THEREAFTER , the Governor shall include in the annual budget bill an appropriation of 30
9696 $5,000,000 to the Fund. 31 SENATE BILL 493 3
9797
9898
9999
100100 [(ii) If $5,000,000 is not included in the annual budget bill for fiscal 1
101101 year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an 2
102102 appropriation of $5,000,000 to the Fund.] 3
103103
104104 (c) (1) (i) Each year, the Secretary may: 4
105105
106106 1. Distribute funds from the Fund to a promotional account 5
107107 to be allocated to a State–based childhood cancer organization to be used to promote further 6
108108 donations to the Fund and to educate the State scientific community about the 7
109109 opportunities for childhood cancer research through the Fund; and 8
110110
111111 2. Use funds from the Fund to administer the Fund, 9
112112 including for staff and administrative costs associated with the Commission established 10
113113 under § 20–121 of this title. 11
114114
115115 (ii) The amounts distributed and used under subparagraph (i) of this 12
116116 paragraph may not exceed a total of 5% of the Fund. 13
117117
118118 (2) (i) After making the distribution allowed under paragraph (1) of 14
119119 this subsection, the Secretary shall use the remainder of the Fund only to provide grants 15
120120 to eligible physicians, hospitals, laboratories, educational institutions, and other 16
121121 organizations and persons to conduct pediatric cancer research. 17
122122
123123 (ii) Money received from the grant program under this section may 18
124124 not be used to pay for institutional overhead expenses, organizational expenses, or charges 19
125125 that are not directly related to pediatric cancer research or expenses arising from 20
126126 community–based support services. 21
127127
128128 (d) (1) On or before August 31 each year, the Secretary shall submit a report 22
129129 to the General Assembly, in accordance with § 2–1257 of the State Government Article, on 23
130130 the administration of the Fund. 24
131131
132132 (2) The report required under this subsection shall include: 25
133133
134134 (i) A description of promotional efforts undertaken with money from 26
135135 the Fund; and 27
136136
137137 (ii) A detailed accounting of the use of the Fund. 28
138138
139139 (e) The Secretary shall adopt regulations to implement a pediatric cancer grant 29
140140 program under this section. 30
141141
142142 Article – State Finance and Procurement 31
143143
144144 7–317. 32
145145 4 SENATE BILL 493
146146
147147
148148 (a) There is a Cigarette Restitution Fund. 1
149149
150150 (f) (1) The Cigarette Restitution Fund shall be used to fund: 2
151151
152152 (i) the Tobacco Use Prevention and Cessation Program established 3
153153 under Title 13, Subtitle 10 of the Health – General Article; 4
154154
155155 (ii) the Cancer Prevention, Education, Screening, and Treatment 5
156156 Program established under Title 13, Subtitle 11 of the Health – General Article; 6
157157
158158 (iii) the activities of the Southern Maryland Agricultural 7
159159 Development Commission, in accordance with § 13–611 of the Economic Development 8
160160 Article; 9
161161
162162 (iv) for each of fiscal years 2025 through 2029, the Maryland 10
163163 Community Health Resources Commission Fund, in accordance with subsection (g) of this 11
164164 section; [and] 12
165165
166166 (V) THE MARYLAND PEDIATRIC CANCER FUND ESTABLISHED 13
167167 UNDER § 20–120 OF THE HEALTH – GENERAL ARTICLE, IN ACCORDANCE WIT H 14
168168 SUBSECTION (G) OF THIS SECTION; AND 15
169169
170170 [(v)] (VI) other programs that serve the following purposes: 16
171171
172172 1. reduction of the use of tobacco products by individuals 17
173173 under the age of 21 years; 18
174174
175175 2. implementation of the Southern Maryland Regional 19
176176 Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 20
177177 Maryland with an emphasis on alternative crop uses for agricultural land now used for 21
178178 growing tobacco; 22
179179
180180 3. public and school education campaigns to decrease tobacco 23
181181 use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 24
182182 promoting cigarette and tobacco products; 25
183183
184184 4. smoking cessation programs; 26
185185
186186 5. enforcement of the laws regarding tobacco sales; 27
187187
188188 6. the purposes of the Maryland Health Care Foundation 28
189189 under Title 20, Subtitle 5 of the Health – General Article; 29
190190
191191 7. primary health care in rural areas of the State and areas 30
192192 targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 31
193193 products; 32 SENATE BILL 493 5
194194
195195
196196
197197 8. prevention, treatment, and research concerning cancer, 1
198198 heart disease, lung disease, tobacco product use, and tobacco control, including operating 2
199199 costs and related capital projects; 3
200200
201201 9. substance abuse treatment and prevention programs; and 4
202202
203203 10. any other public purpose. 5
204204
205205 (g) (1) Amounts may only be expended from the Fund through appropriations 6
206206 in the State budget bill as provided in this subsection. 7
207207
208208 (2) The Governor shall include in the annual budget bill appropriations 8
209209 from the Fund equivalent to the lesser of $100,000,000 or 90% of the funds estimated to be 9
210210 available to the Fund in the fiscal year for which the appropriations are made. 10
211211
212212 (3) For each fiscal year for which appropriations are made, at least 50% of 11
213213 the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii), 12
214214 and [(v)1] (VI)1 through 9 of this section subject to the requirement of subsection (e)(2) of 13
215215 this section. 14
216216
217217 (4) For each fiscal year for which appropriations are made, at least 30% of 15
218218 the appropriations shall be made for the purposes of the Maryland Medical Assistance 16
219219 Program. 17
220220
221221 (5) For each fiscal year for which appropriations are made, 0.15% of the 18
222222 Fund shall be appropriated for the purposes of enforcement of Title 16, Subtitle 5 of the 19
223223 Business Regulation Article. 20
224224
225225 (6) For each of fiscal years 2025 through 2029, the Governor shall include 21
226226 in the annual budget bill an appropriation of $8,000,000 to the Maryland Community 22
227227 Health Resources Commission Fund. 23
228228
229229 (7) FOR FISCAL YEAR 2027 AND EACH FISCAL Y EAR THEREAFTER , 24
230230 THE GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N 25
231231 OF UP TO $5,000,000 TO THE MARYLAND PEDIATRIC CANCER FUND ESTABLISHED 26
232232 UNDER § 20–120 OF THE HEALTH – GENERAL ARTICLE. 27
233233
234234 (8) Any additional appropriations, not subject to [paragraph (3), paragraph 28
235235 (4), or] paragraph (3), (4), OR (5) of this subsection, may be made for any lawful purpose. 29
236236
237237 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
238238 1, 2025. 31