EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0493*
SENATE BILL 493
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By: Senator Jackson
Introduced and read first time: January 22, 2025
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Maryland Pediatric Cancer Fund – Funding 2
FOR the purpose of requiring the Governor to include in the annual budget bill a certain 3
appropriation to the Maryland Pediatric Cancer Fund; altering the funding sources 4
of the Maryland Pediatric Cancer Fund to include money from the Cigarette 5
Restitution Fund; altering the authorized uses of the Cigarette Restitution Fund to 6
include providing funding to the Maryland Pediatric Cancer Fund; and generally 7
relating to funding for the Maryland Pediatric Cancer Fund. 8
BY repealing and reenacting, with amendments, 9
Article – Health – General 10
Section 20–120 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – State Finance and Procurement 15
Section 7–317(a) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – State Finance and Procurement 20
Section 7–317(f)(1) and (g) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2024 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Health – General 26 2 SENATE BILL 493
20–120. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Fund” means the Maryland Pediatric Cancer Fund established under 3
this section. 4
(3) “Pediatric cancer research” includes research to develop and advance 5
the understanding of pediatric cancer and the techniques and modalities effective in the 6
prevention, cure, screening, and treatment of pediatric cancer. 7
(b) (1) There is a Maryland Pediatric Cancer Fund. 8
(2) The Fund consists of: 9
(i) Money appropriated in the State budget to the Fund; [and] 10
(II) MONEY FROM THE CIGARETTE RESTITUTION FUND 11
APPROPRIATED IN ACCO RDANCE WITH § 7–317 OF THE STATE FINANCE AND 12
PROCUREMENT ARTICLE; AND 13
[(ii)] (III) Any donations or other money from any other source 14
accepted for the benefit of the Fund. 15
(3) The Secretary shall administer the Fund. 16
(4) The Fund shall be used only for pediatric cancer research and 17
administrative expenses as provided in subsection (c) of this section. 18
(5) The Fund shall be maintained for the purposes stated in this section 19
and unspent portions of the Fund shall remain in the Fund and may not revert to the 20
General Fund of the State. 21
(6) Money expended from the Fund for pediatric cancer research is 22
supplemental and is not intended to take the place of funding that would otherwise be 23
appropriated to the Department for pediatric cancer research. 24
(7) All expenditures from the Fund shall be made only in accordance with 25
an appropriation approved by the General Assembly in the annual State budget or through 26
an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and 27
Procurement Article. 28
(8) [(i)] For fiscal year [2023] 2027 AND EACH FISCAL YEAR 29
THEREAFTER , the Governor shall include in the annual budget bill an appropriation of 30
$5,000,000 to the Fund. 31 SENATE BILL 493 3
[(ii) If $5,000,000 is not included in the annual budget bill for fiscal 1
year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an 2
appropriation of $5,000,000 to the Fund.] 3
(c) (1) (i) Each year, the Secretary may: 4
1. Distribute funds from the Fund to a promotional account 5
to be allocated to a State–based childhood cancer organization to be used to promote further 6
donations to the Fund and to educate the State scientific community about the 7
opportunities for childhood cancer research through the Fund; and 8
2. Use funds from the Fund to administer the Fund, 9
including for staff and administrative costs associated with the Commission established 10
under § 20–121 of this title. 11
(ii) The amounts distributed and used under subparagraph (i) of this 12
paragraph may not exceed a total of 5% of the Fund. 13
(2) (i) After making the distribution allowed under paragraph (1) of 14
this subsection, the Secretary shall use the remainder of the Fund only to provide grants 15
to eligible physicians, hospitals, laboratories, educational institutions, and other 16
organizations and persons to conduct pediatric cancer research. 17
(ii) Money received from the grant program under this section may 18
not be used to pay for institutional overhead expenses, organizational expenses, or charges 19
that are not directly related to pediatric cancer research or expenses arising from 20
community–based support services. 21
(d) (1) On or before August 31 each year, the Secretary shall submit a report 22
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on 23
the administration of the Fund. 24
(2) The report required under this subsection shall include: 25
(i) A description of promotional efforts undertaken with money from 26
the Fund; and 27
(ii) A detailed accounting of the use of the Fund. 28
(e) The Secretary shall adopt regulations to implement a pediatric cancer grant 29
program under this section. 30
Article – State Finance and Procurement 31
7–317. 32
4 SENATE BILL 493
(a) There is a Cigarette Restitution Fund. 1
(f) (1) The Cigarette Restitution Fund shall be used to fund: 2
(i) the Tobacco Use Prevention and Cessation Program established 3
under Title 13, Subtitle 10 of the Health – General Article; 4
(ii) the Cancer Prevention, Education, Screening, and Treatment 5
Program established under Title 13, Subtitle 11 of the Health – General Article; 6
(iii) the activities of the Southern Maryland Agricultural 7
Development Commission, in accordance with § 13–611 of the Economic Development 8
Article; 9
(iv) for each of fiscal years 2025 through 2029, the Maryland 10
Community Health Resources Commission Fund, in accordance with subsection (g) of this 11
section; [and] 12
(V) THE MARYLAND PEDIATRIC CANCER FUND ESTABLISHED 13
UNDER § 20–120 OF THE HEALTH – GENERAL ARTICLE, IN ACCORDANCE WIT H 14
SUBSECTION (G) OF THIS SECTION; AND 15
[(v)] (VI) other programs that serve the following purposes: 16
1. reduction of the use of tobacco products by individuals 17
under the age of 21 years; 18
2. implementation of the Southern Maryland Regional 19
Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 20
Maryland with an emphasis on alternative crop uses for agricultural land now used for 21
growing tobacco; 22
3. public and school education campaigns to decrease tobacco 23
use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 24
promoting cigarette and tobacco products; 25
4. smoking cessation programs; 26
5. enforcement of the laws regarding tobacco sales; 27
6. the purposes of the Maryland Health Care Foundation 28
under Title 20, Subtitle 5 of the Health – General Article; 29
7. primary health care in rural areas of the State and areas 30
targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 31
products; 32 SENATE BILL 493 5
8. prevention, treatment, and research concerning cancer, 1
heart disease, lung disease, tobacco product use, and tobacco control, including operating 2
costs and related capital projects; 3
9. substance abuse treatment and prevention programs; and 4
10. any other public purpose. 5
(g) (1) Amounts may only be expended from the Fund through appropriations 6
in the State budget bill as provided in this subsection. 7
(2) The Governor shall include in the annual budget bill appropriations 8
from the Fund equivalent to the lesser of $100,000,000 or 90% of the funds estimated to be 9
available to the Fund in the fiscal year for which the appropriations are made. 10
(3) For each fiscal year for which appropriations are made, at least 50% of 11
the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii), 12
and [(v)1] (VI)1 through 9 of this section subject to the requirement of subsection (e)(2) of 13
this section. 14
(4) For each fiscal year for which appropriations are made, at least 30% of 15
the appropriations shall be made for the purposes of the Maryland Medical Assistance 16
Program. 17
(5) For each fiscal year for which appropriations are made, 0.15% of the 18
Fund shall be appropriated for the purposes of enforcement of Title 16, Subtitle 5 of the 19
Business Regulation Article. 20
(6) For each of fiscal years 2025 through 2029, the Governor shall include 21
in the annual budget bill an appropriation of $8,000,000 to the Maryland Community 22
Health Resources Commission Fund. 23
(7) FOR FISCAL YEAR 2027 AND EACH FISCAL Y EAR THEREAFTER , 24
THE GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N 25
OF UP TO $5,000,000 TO THE MARYLAND PEDIATRIC CANCER FUND ESTABLISHED 26
UNDER § 20–120 OF THE HEALTH – GENERAL ARTICLE. 27
(8) Any additional appropriations, not subject to [paragraph (3), paragraph 28
(4), or] paragraph (3), (4), OR (5) of this subsection, may be made for any lawful purpose. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2025. 31