us-md/statute/session-laws/2024

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us-md/statute/session-laws/2024 · Axiom

WES MOORE, Governor Ch. 717

– 1 – Chapter 717 (Senate Bill 362)

AN ACT concerning

Budget Reconciliation and Financing Act of 2024

FOR the purpose of altering or repealing certain required appropriations; authorizing the use of certain funds for certain purposes; altering the date by which the Accountability and Implementation Board has to conduct and submit a certain independent evaluation; altering the prekindergarten per pupil amount for certain fiscal years; altering the definition of a “Tier II child” and the school years during which Tier II children may enroll in a full–day prekindergarten program; authorizing prohibiting the State Department of Education to make certain alterations to enrollment from increasing copayment levels in the Child Care Scholarship Program in effect as of a certain date; altering the Senator John A. Cade Funding Formula for community colleges; altering the program of State aid to private nonprofit institutions of higher education known as the Joseph A. Sellinger Program; authorizing the Developmental Disabilities Administration to establish certain limits on certain goods and services provided to certain recipients; clarifying a certain calculation for State aid to certain institutions of higher education; authorizing or altering the distribution of certain revenue; specifying that a certain provision regarding interest earnings for certain special funds does not apply for certain fiscal years; repealing the requirement for the Governor to provide hard copies of the budget books; reducing certain commissions and fees for licensed lottery sales agents; repealing certain provisions that authorized certain offsets for administrative and operational expenses for the Board of Trustees for the State Retirement and Pension System and the State Retirement Agency; requiring a certain percentage of the Maryland Transit Administration’s bus fleet purchases to be altering the date after which the Maryland Transit Administration is prohibited from entering into certain contracts to purchase buses that are not zero–emission buses; altering certain provisions of law related to the Maryland Trauma Physician Services Fund, including provisions related to the contents and sources of the funding, transfer of money from the Fund, and the methodology used to determine eligibility for disbursements from the Fund; imposing a transportation network company impact fee on passenger trips that originate in the State; requiring a transportation network company to collect the transportation network company impact fee from a passenger on behalf of a transportation network operator or pay the fee on behalf of a passenger; pledging certain revenues from a transportation network company impact fee to paying the principal of and interest on consolidated transportation bonds issued by the Department of Transportation; establishing a Transportation Network Company Impact Fee Account in the Transportation Trust Fund; requiring the Department to allocate the Transportation Network Company Impact Fee Account for certain transportation purposes; altering the sales and use tax rate on certain electronic smoking devices; altering the tobacco tax rate for certain tobacco products; altering the annual registration fees and surcharges for certain motor vehicles;

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Ch. 717 2024 LAWS OF MARYLAND

– 2 – requiring the owners of certain motor vehicles to pay a certain annual surcharge in addition to the annual registration fee; increasing a certain car dealer processing fee; increasing the fines for certain violations of the Maryland Vehicle Law related to driving while impaired; repealing the requirement for the Motor Vehicle Administration to issue, and for vehicle owners to display, a validation tab on a license plate to evidence payment of a vehicle’s annual registration fee; repealing certain required appropriations to the Maryland Public Broadcasting Commission; extending the fiscal year for which per pupil funding increases may be limited under a certain circumstance; repealing the School Construction Revolving Loan Fund; repealing a certain small business relief tax credit; repealing the Maryland Commission on Transportation Revenue and Infrastructure Needs established under Chapter 455 of the Acts of the General Assembly of 2023; establishing a modified Maryland Commission on Transportation Revenue and Infrastructure Needs; requiring interest earnings for certain special funds to accrue to the General Fund of the State during certain fiscal years; authorizing the transfer of certain funds; requiring that all cigarettes and other tobacco products used, possessed, or held in the State on or after a certain date are subject to the tax enacted by this Act; and generally relating to the financing of State and local government.

BY repealing and reenacting, with amendments,

Article – Agriculture Section 10–407(d)

Annotated Code of Maryland

(2016 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, without amendments,

Article – Commercial Law Section 14–4101(a) and (c)

Annotated Code of Maryland

(2013 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments,

Article – Commercial Law Section 14–4104(a)

Annotated Code of Maryland

(2013 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, without amendments,

Article – Education Section 5–315(a), 5–229(a)(1) and (8) through (10), 5–410(a) and (b), 7–1A–01(a), 7–447.1(a)(1) and (3) through (6), 7–447.1(a)(1) and (3) through (6), 9.5–111(a)(1) and (3), 16–305(a), and 17–101

Annotated Code of Maryland

(2022 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments,

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– 10 –

(ii) Beginning in fiscal year [2025] 2026, the number of Tier I and Tier II children enrolled with an eligible prekindergarten provider.

(8) “Tier I child” has the meaning stated in § 7–1A–01 of this article.

(9) “Tier II child” has the meaning stated in § 7–1A–01 of this article.

(10) “Tier III child” has the meaning stated in § 7–1A–01 of this article.

(c) (1) (i) As calculated under subsection (d) of this section, there is a State share and local share of the per pupil amount for Tier I children.

(ii) There is no family share for Tier I children.

(2) As calculated under subsection (e) of this section and beginning in fiscal year [2025] 2026, there is a State share, local share, and family share of the per pupil amount for Tier II children.

(3) Tier III children are not eligible for funding under this section.

(e) (1) On or before July 1, 2022, the Department shall establish a sliding scale to calculate the family share required for Tier II children.

(2) The sliding scale developed by the Department shall be increased on a linear basis with:

(i) A lower limit of $0 per pupil for a family with an income that is 300% of the federal poverty level; and

(ii) An upper limit of the per pupil amount for a family with an income that is more than 300% but less than 600% of the federal poverty level.

(3) (i) Beginning in fiscal year [2025] 2026, the family shall pay the family share to the publicly funded prekindergarten provider.

(ii) A county board may provide up to 100% of the family share on behalf of the family.

5–410.

(a) In addition to its own assessments and tracking of progress, required under § 5–406 of this subtitle, the Board shall contract with a public or private entity to conduct an independent evaluation of the State’s progress in implementing the Blueprint for Maryland’s Future and achieving the expected outcomes during the implementation period.

(b) The independent evaluation shall include an assessment of:

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WES MOORE, Governor Ch. 717

– 19 – Committee, in accordance with § 2–1257 of the State Government Article, on the intended Program alterations, including the reason for, and expected duration of, the proposed actions; and

2. The Program alterations identified in the notification are not implemented until the completion of the regular legislative session immediately following the submission of the notification.

(ii) If the Board of Public Works approves budget reductions for the Program under § 7–213 of the State Finance and Procurement Article for a certain fiscal year, the Department may increase the copayment levels, reduce the reimbursement rates, OR reduce the income eligibility requirements[, or implement a freeze in Program enrollment] at any time during the fiscal year.

(4) THE DEPARTMENT MAY ALTER THE PROGRAM IN EFFECT AS OF JANUARY 1, 2023, BY IMPLEMENTING A FREEZE IN PROGRAM ENROLLMENT IF THE DEPARTMENT SUBMITS A NOTIFICATION TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT, THE HOUSE APPROPRIATIONS COMMITTEE, AND THE HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE IMPLEMENTING A FREEZE IN PROGRAM ENROLLMENT AND INCLUDING THE REASON FOR, AND EXPECTED DURATION OF, THE ENROLLMENT FREEZE NOT INCREASE THE COPAYMENT LEVELS OF THE PROGRAM IN EFFECT AS OF JANUARY 1, 2024.

16–305.

(a) The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula.

(b) (1) In this section the following words have the meanings indicated.

(2) “Assessed valuation of real property” means assessed valuation of real property as determined for purposes of the State aid calculated under § 5–202 of this article.

(3) “Board” means:

(i) In a county that has one or more community colleges, the board of community college trustees for the county; or

(ii) Where two or more counties establish a region to support a regional community college, the board of regional community college trustees.

(4) “Community college” means a community college established under this title but does not include Baltimore City Community College.

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WES MOORE, Governor Ch. 717

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(iii) Hagerstown Community College;

(iv) Carroll Community College;

(v) Cecil Community College;

(vi) Chesapeake College; or

(vii) Wor–Wic Community College.

(11) “State share” means the amount of money for community college operating funds to be provided each fiscal year to a board by the State.

(12) “STATE’S GENERAL FUND STATE FUNDS PER FULL–TIME EQUIVALENT STUDENT APPROPRIATION TO THE 4–YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION” HAS THE MEANING STATED IN § 17–104(A)(1) OF THIS ARTICLE.

(12) (13) “Student credit hours” means student credit hours, including those earned by a P–TECH student as provided in § 7–1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.

(13) (14) “Total State operating fund” means the sum of community college State appropriations for direct grants.

(c) (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full–time equivalent student to the community colleges for each fiscal year as requested by the Governor shall be:

1. In fiscal year 2009, not less than an amount equal to 26.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;

2. In fiscal year 2010, not less than an amount equal to 23.6% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

3. In fiscal year 2011, not less than an amount equal to 21.8% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for

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Ch. 717 2024 LAWS OF MARYLAND

– 22 – the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

4. In fiscal year 2012, not less than an amount equal to 20% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

5. In fiscal year 2014, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;

6. In fiscal year 2015, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;

7. In fiscal year 2017, not less than an amount equal to 20.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

8. In fiscal year 2018, not less than an amount equal to 21.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

9. In fiscal year 2019, not less than an amount equal to 22.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

10. In fiscal year 2020, not less than an amount equal to 23% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

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WES MOORE, Governor Ch. 717

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11. In fiscal year 2021, not less than an amount equal to 25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

12. In fiscal year 2022, not less than an amount equal to 27% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; [and]

13. In fiscal year 2023 [and each fiscal year thereafter] AND FISCAL YEAR 2024, not less than an amount equal to 29% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; AND

14. IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER, NOT LESS THAN AN AMOUNT EQUAL TO 26.5% 27.2% OF THE STATE’S GENERAL FUND APPROPRIATION STATE FUNDS PER FULL–TIME EQUIVALENT STUDENT APPROPRIATION TO THE 4–YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN THE STATE AS DESIGNATED BY THE COMMISSION FOR THE PURPOSE OF ADMINISTERING THE JOSEPH A. SELLINGER PROGRAM UNDER TITLE 17 OF THIS ARTICLE IN THE SAME FISCAL YEAR.

(ii) For purposes of this subsection, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:

1. Noncapital appropriations from the Higher Education Investment Fund; and

2. Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.

(iii) Notwithstanding the provisions of subparagraph (i) of this paragraph, the total State operating funds to be distributed under this subsection to the community colleges for each of fiscal years 2011 and 2012 shall be $194,407,432.

(iv) In fiscal year 2013, the total State operating funds for community colleges shall be $199,176,114, to be distributed as follows:

1. Allegany College $4,773,622;

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Ch. 717 2024 LAWS OF MARYLAND

– 26 – full–time equivalent student [multiplied by the number of full–time equivalent students at the board’s community college or colleges.

(ii) The dollar amount per full–time equivalent student shall be calculated by dividing 60% of the total State operating fund for the fiscal year by the total number of full–time equivalent students at community colleges statewide.

(iii) In determining the marginal costs component for a board, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together] TO THE COMMUNITY COLLEGES.

[(6)] (5) (i) The size factor component shall be [2% of] the year’s total State operating fund MULTIPLIED BY 2%.

(ii) Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each board that operates a community college or colleges at which the total number of full–time equivalent students is less than or equal to 80% of the statewide median.

(iii) 1. Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:

A. 80% for the first fiscal year;

B. 60% for the second fiscal year;

C. 40% for the third fiscal year;

D. 20% for the fourth fiscal year; and

E. 0% for the fifth and each subsequent fiscal year.

2. The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.

(iv) In determining the eligibility of a board for a size factor component, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together.

[(7) (i) A board shall be eligible for a hold harmless component beginning in fiscal year 1998 if the sum of the board’s fixed costs, marginal costs, and size factor components for the fiscal year is less than the board’s total State share in the prior fiscal year.

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WES MOORE, Governor Ch. 717

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(ii) The hold harmless component amount shall be determined by subtracting the sum of an eligible board’s fixed costs, marginal costs, and size factor components for the fiscal year from the board’s total State share for the prior fiscal year.]

[(8)] (6) Any employer Social Security contributions required by federal law for any employee of a board of community college trustees shall remain the obligation of the employer.

[(9)] (7) The State contribution to retirement and fringe benefit costs is not included in the calculations of amounts under this subsection.

(d) In each fiscal year, in order for a board to receive an increase in the State share of support [or a hold harmless component amount], the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year.

16–512.

(A) IN THIS SECTION, “STATE’S GENERAL FUND STATE FUNDS PER FULL–TIME EQUIVALENT STUDENT APPROPRIATION TO THE 4–YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION” HAS THE MEANING STATED IN § 17–104(A)(1) OF THIS ARTICLE.

[(a)] (B) (1) The total State operating fund per full–time equivalent student appropriated to Baltimore City Community College for each fiscal year other than fiscal year 2013, as requested by the Governor shall be:

(i) In fiscal year 2009, not less than an amount equal to 67.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;

(ii) In fiscal year 2010, not less than an amount equal to 65.1% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(iii) In fiscal year 2011, not less than an amount equal to 65.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

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Ch. 717 2024 LAWS OF MARYLAND

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(iv) In fiscal year 2012, not less than an amount equal to 63% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(v) In fiscal year 2014, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(vi) In fiscal year 2015, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(vii) In fiscal year 2016, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(viii) In fiscal year 2017, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(ix) In fiscal year 2018, not less than an amount equal to 60% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(x) In fiscal year 2019, not less than an amount equal to 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xi) In fiscal year 2020, not less than an amount equal to 62.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the

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WES MOORE, Governor Ch. 717

– 29 – purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xii) In fiscal year 2021, not less than an amount equal to 64.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xiii) In fiscal year 2022, not less than an amount equal to 66.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and

(xiv) In fiscal year 2023 and each fiscal year thereafter, not less than an amount equal to 68.5% of the State’s General Fund appropriation STATE FUNDS per full–time equivalent student APPROPRIATION to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article [in the same fiscal year].

(2) For purposes of this subsection, the State’s General Fund appropriation STATE FUNDS per full–time equivalent student APPROPRIATION to the 4–year public institutions of higher education in the State for a fiscal year shall include:

(i) Noncapital appropriations from the Higher Education Investment Fund; and

(ii) Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, the total State operating fund appropriated to Baltimore City Community College under this section for each of fiscal years 2011 and 2012 shall be $40,187,695.

(4) In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.

[(b)] (C) Notwithstanding subsection [(a)] (B) of this section, the State appropriation to Baltimore City Community College requested by the Governor may not be less than the State appropriation to the College in the previous fiscal year.

[(c)] (D) The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.

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[(d)] (E) (1) (i) Through June 30, 1999, the City of Baltimore shall be responsible for providing at least $600,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $300,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(2) (i) Beginning on July 1, 1999, the City of Baltimore shall be responsible for providing at least $800,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $500,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(3) (i) Beginning on July 1, 2006, the City of Baltimore shall be responsible for providing at least $1,000,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $400,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(iv) The Board of Trustees shall submit an annual report on or before December 31 to the Director of Finance for the City of Baltimore regarding the expenditures made under this paragraph.

17–101.

There is a program of State aid to private nonprofit institutions of higher education known as the Joseph A. Sellinger Program.

17–104.

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WES MOORE, Governor Ch. 717

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(a) [(1) Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Maryland Higher Education Commission shall compute the amount of the annual apportionment for each institution that qualifies under this subtitle by multiplying the number of full–time equivalent students enrolled at the institution during the fall semester of the fiscal year preceding the fiscal year for which the aid apportionment is made, as determined by the Maryland Higher Education Commission by:

(i) In fiscal year 2009, an amount not less than 16% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the preceding fiscal year;

(ii) In fiscal year 2010, an amount not less than 12.85% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State for the same fiscal year;

(iii) In fiscal year 2011, an amount not less than 9.8% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year;

(iv) In fiscal year 2012, an amount not less than 9.2% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year;

(v) In fiscal year 2014, an amount that is the greater of 9.4% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year or $875.53 per full–time equivalent student;

(vi) In fiscal year 2015, an amount that is the greater of 9.4% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year or $875.53 per full–time equivalent student;

(vii) In fiscal year 2017, an amount not less than 10.1% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year;

(viii) In fiscal year 2018, an amount not less than 10.5% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year;

(ix) In fiscal year 2019, an amount not less than 10.8% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year;

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(x) In fiscal year 2020, an amount not less than 11.1% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year; and

(xi) In fiscal year 2022 and each fiscal year thereafter, an amount not less than 15.5% of the State’s General Fund per full–time equivalent student appropriation to the 4–year public institutions of higher education in this State for the same fiscal year.

(2) For each of fiscal years 2011 and 2012, the total amount of the aid provided under this subtitle shall be $38,445,958, to be allocated among the institutions that qualify under this subtitle in proportion to the number of full–time equivalent students enrolled at each institution during the fall semester of the fiscal year preceding the fiscal year for which the aid apportionment is made, as determined by the Maryland Higher Education Commission.

(3) In fiscal year 2013, the total amount of aid due to all institutions shall be $38,056,175.

(4) In fiscal year 2016, the total amount of the aid provided under this subtitle shall be $42,822,240, to be allocated among the institutions that qualify under this subtitle in proportion to the number of full–time equivalent students enrolled at each institution during the fall semester of fiscal year 2015, as determined by the Maryland Higher Education Commission.

(5) In fiscal year 2021, the total amount of the aid provided under this subtitle shall be $69,624,905, to be allocated among the institutions that qualify under this subtitle in proportion to the number of full–time equivalent students enrolled at each institution during the fall semester of fiscal year 2020, as determined by the Maryland Higher Education Commission.]

(1) (I) IN THIS SUBSECTION, “STATE’S GENERAL FUND STATE FUNDS PER FULL–TIME EQUIVALENT STUDENT APPROPRIATION TO THE 4–YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION” SHALL BE CALCULATED IN ACCORDANCE WITH THIS PARAGRAPH USING THE:

(I) GENERAL FUND AND HIGHER EDUCATION INVESTMENT FUND ACTUAL EXPENDITURES FOR THE SECOND PREVIOUS FISCAL YEAR; AND

(II) NUMBER OF STUDENT CREDIT HOURS PRODUCED IN THE FALL AND SPRING SEMESTERS IN THE SECOND PREVIOUS FISCAL YEAR DIVIDED BY 30.

(II) THE TOTAL NUMBER OF FULL–TIME EQUIVALENT STUDENTS IS BASED ON CREDIT HOUR PRODUCTION FOR THE SECOND PREVIOUS FISCAL YEAR.

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(III) THE NUMBER OF UNDERGRADUATE FULL–TIME EQUIVALENT STUDENTS SHALL BE CALCULATED USING TOTAL UNDERGRADUATE CREDIT HOUR PRODUCTION DIVIDED BY 30.

(IV) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH, THE NUMBER OF GRADUATE FULL–TIME EQUIVALENT STUDENTS SHALL BE CALCULATED BASED ON A METHODOLOGY AGREED TO BY THE UNIVERSITY SYSTEM OF MARYLAND OFFICE, MORGAN STATE UNIVERSITY, AND ST. MARY’S COLLEGE OF MARYLAND, IN CONSULTATION WITH THE COMMISSION.

2. IF A METHODOLOGY IS NOT AGREED TO ON OR BEFORE SEPTEMBER 16, 2024, THE COMMISSION SHALL DETERMINE THE METHODOLOGY USED TO CALCULATE THE NUMBER OF GRADUATE FULL–TIME EQUIVALENT STUDENTS.

(V) THE COMMISSION SHALL CERTIFY THE NUMBER OF FULL–TIME EQUIVALENT STUDENTS FOR EACH INSTITUTION ON OR BEFORE OCTOBER 1 EACH YEAR.

(2) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER, THE MARYLAND HIGHER EDUCATION COMMISSION SHALL COMPUTE THE AMOUNT OF THE ANNUAL APPORTIONMENT FOR EACH INSTITUTION THAT QUALIFIES UNDER THIS SUBTITLE BY MULTIPLYING THE NUMBER OF FULL–TIME EQUIVALENT UNDERGRADUATE STUDENTS ENROLLED AT THE INSTITUTION DURING THE FALL SEMESTER OF THE FISCAL YEAR PRECEDING THE FISCAL YEAR FOR WHICH THE AID APPORTIONMENT IS MADE, AS DETERMINED BY THE MARYLAND HIGHER EDUCATION COMMISSION, BY AN AMOUNT NOT LESS THAN 15.5% 16.6% 16.1% OF THE STATE’S GENERAL FUND STATE FUNDS PER FULL–TIME EQUIVALENT STUDENT APPROPRIATION TO THE 4–YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE FOR THE SAME FISCAL YEAR.

(b) (1) Full–time equivalent students enrolled in seminarian or theological programs shall be excluded from the computation required by subsection (a) of this section.

(2) Full–time equivalent students enrolled in programs that are part of an agreement or contract with for–profit educational services entities shall be excluded from the computation required by subsection (a) of this section.

(c) Payments of State general funds under Subtitle 3 of this title shall be excluded from the computation required by subsection (a) of this section.

(d) For purposes of this section, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:

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(ii) for fiscal year 2020:

1. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $50,000,000, that is equal to one–half of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

2. to the Account equal to the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000, less the amount of the appropriation under item 1 of this item;

(iii) for fiscal year 2021, to the Account in the amount of $291,439,149;

(iv) except as provided in item (v) of this paragraph, for fiscal year 2022 and each fiscal year thereafter:

1. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $25,000,000, that is equal to one–quarter of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000;

2. to the Postretirement Health Benefits Trust Fund established under § 34–101 of the State Personnel and Pensions Article an amount, up to a maximum of $25,000,000, that is equal to one–quarter of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

3. to the Account equal to the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000, less the amount of the appropriations under items 1 and 2 of this item; and

(v) for fiscal year 2024:

1. to the Maryland Equity Investment Fund established under § 10–487 of the Economic Development Article an amount, up to $10,000,000, that is equal to 10% of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000;

2. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $15,000,000, that is equal to 15% of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

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(ii) provide to the Secretary of Budget and Management a statement of the total amount to be paid by the State as determined under § 21–304 of this subtitle to the Teachers’ Retirement System and the Teachers’ Pension System expressed as a percentage of the payroll of all members of those State systems.

(2) The Governor shall include in the budget bill:

(i) the total amount of the State’s contribution to each State system as ascertained based on the rates certified by the Board of Trustees under paragraph (1) of this subsection;

(ii) the additional amounts as ascertained under subsection (d) of this section for the State’s payment to the professional and clerical employees of the Department of Public Libraries of Montgomery County who are members of the Employees’ Retirement System of Montgomery County and are excluded from membership in the Teachers’ Retirement System or the Teachers’ Pension System; and

(iii) any additional amount required to be in the budget bill under § 3–501(c)(2)(ii) of this article.

(3) [The amounts that the Governor is required to include in the budget bill under paragraph (2) of this subsection shall be reduced by the amount of administrative and operational expenses for the Board of Trustees and the State Retirement Agency that are to be paid by local employers under § 21–316 of this subtitle other than participating governmental units or employers who are required to make contributions under § 21–307 of this subtitle.

(4)] (i) For EACH OF fiscal [year] YEARS 2016 THROUGH 2024, in addition to the annual required contribution required under paragraph (2) of this subsection, the Governor shall include in the budget bill a supplemental contribution of $75,000,000.

(ii) For fiscal year [2017] 2025 and each fiscal year thereafter, in addition to the annual required contribution required under paragraph (2) of this subsection, the Governor shall include in the budget bill a supplemental contribution of [$75,000,000] $50,000,000 until the total actuarial value of assets for the several systems divided by the total actuarial accrued liability for the several systems equals a funding ratio of 85%.

21–316.

(e) [(6) A participating governmental unit or employer required to make employer contributions under § 21–307 of this subtitle may deduct the payments required under this section from payments for employer contributions required under §§ 21–305 through 21–307 of this subtitle.]

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(ii) An amount equal to 4.3% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed as provided in § 8–404 of this subtitle; and

(iii) An amount equal to 2.7% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be distributed as provided in § 8–405 of this subtitle; AND

(3) [For fiscal year 2026:

(i) An amount equal to 12.2% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to Baltimore City;

(ii) An amount equal to 4.8% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed as provided in § 8–404 of this subtitle; and

(iii) An amount equal to 3.0% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be distributed as provided in § 8–405 of this subtitle;

(4) For fiscal year 2027:

(i) An amount equal to 12.2% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to Baltimore City;

(5)] For fiscal year [2028] 2026 and each fiscal year thereafter:

(i) An amount equal to 9.5% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to Baltimore City;

(ii) An amount equal to 3.7% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed as provided in § 8–404 of this subtitle; and

(iii) An amount equal to 2.4% of funds credited to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be distributed as provided in § 8–405 of this subtitle.

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(1) A], A registration plate or plates issued by the Administration for the current registration period[; and

(2) Any validation tab issued for the vehicle under this subtitle].

13–412.

(a) Except as provided in subsection (b) of this section, [unless current validation tabs have been issued by the Administration and are displayed on the plates as provided in this subtitle,] the registration and the registration plates issued under this title [for them] expire at midnight on the dates indicated on the registration card issued by the Administration.

(b) (1) The Administration may issue a temporary authorization certificate permitting a vehicle to be driven [pending the issuance of current validation tabs].

(c) The Administration shall adopt rules and regulations to govern the issuance, display, and expiration of registrations, registration cards, registration plates, AND temporary authorization certificates[, and validation tabs].

13–413.

(a) Notwithstanding any other provision of this subtitle, the Administration may adopt a system of multiyear registration.

(b) Vehicle registration plates [or validation tabs] shall be issued and displayed in accordance with a schedule established by the Administrator.

13–415.

(a) If a current registration card [or current validation tabs that never have been affixed to registration plates are] IS lost, the owner of the vehicle for which the card [or tabs were] WAS issued or the legal representative of the owner named in the certificate of title of the vehicle, as shown by the records of the Administration, immediately shall apply for and, after furnishing information satisfactory to the Administration and payment of the required fee, is entitled to obtain a duplicate registration card [or replacement validation tabs].

(b) If a current registration card [or current validation tabs that never have been affixed to registration plates are] IS stolen, the owner of the vehicle for which the card [or tabs were] WAS issued or the legal representative of the owner named in the certificate of title, as shown by the records of the Administration, immediately shall apply for and, after furnishing information satisfactory to the Administration and payment of the required fee, is entitled to obtain a duplicate registration card [or replacement validation tabs].

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(c) If a current registration card [or current validation tabs that never have been affixed to registration plates are] IS damaged to the extent that the registration card [or validation tabs are] IS illegible, the owner of the vehicle for which the card [or tabs were] WAS issued or the legal representative of the owner named in the certificate of title, as shown by the records of the Administration, immediately shall apply for and, after furnishing information satisfactory to the Administration and payment of the required fee, is entitled to obtain a duplicate registration card [or replacement validation tabs].

(g) Within 48 hours after the loss, theft, or damage to the extent of illegibility of any current registration plate [or any current validation tab that has been affixed to a registration plate], the owner of the vehicle for which the plate [or tab] was issued or the legal representative of the owner named in the certificate of title of the vehicle, as shown by the records of the Administration, shall notify the Administration and apply for replacement registration plates[,] AND a replacement registration card[, and replacement validation tabs]. The Administration shall supply the replacements on receiving information satisfactory to it and payment of the required fee.

(h) On receipt of the replacements, the original registration card and all of the original registration plates [and validation tabs] issued for that vehicle shall be surrendered to the Administration.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 24–204(d) of Article – Education of the Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:

Article – Health – General

19–101.

In this subtitle, “Commission” means the Maryland Health Care Commission.

19–130.

(a) (1) In this section the following words have the meanings indicated.

(2) “Fund” means the Maryland Trauma Physician Services Fund.

(3) “Maryland Trauma Specialty Referral Centers” means:

(i) The Johns Hopkins Health System Burn Program;

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(ii) Include an incentive to encourage hospitals to continue to subsidize trauma–related costs not otherwise included in hospital rates.

(4) The methodology developed under paragraph (1) of this subsection shall use the following parameters to determine the amount of reimbursement made to trauma physicians and trauma centers from the Fund:

(i) 1. The cost incurred by a Level II trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed:

A. At a rate of up to [30%] 60% of the reasonable [cost equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. For the minimum number of trauma physicians required to be on–call, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for Level II trauma centers;

2. The cost incurred by a Level III trauma center to maintain trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall be reimbursed:

A. At a rate of up to [35%] 60% of the reasonable [cost equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the current year by the physician compensation component of the Medicare economic index as designated by the Centers for Medicare and Medicaid Services; and

B. For the minimum number of trauma physicians required to be on–call, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for Level III trauma centers;

3. The cost incurred by a Level I trauma center or pediatric trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons on–call when a post–graduate resident is attending in the trauma center shall be reimbursed:

B. When a post–graduate resident is [permitted] AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for

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4. The cost incurred by a Maryland Trauma Specialty Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a post–graduate resident is attending in the Center shall be reimbursed:

B. When a post–graduate resident is [permitted] AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; and

5. A. A Level II trauma center is eligible for a maximum of [24,500] 26,280 hours of trauma on–call per year;

B. A Level III trauma center is eligible for a maximum of 35,040 hours of trauma on–call per year;

C. A Level I trauma center shall be eligible for a maximum of 4,380 hours of trauma on–call per year;

D. A pediatric trauma center shall be eligible for a maximum of 4,380 hours of trauma on–call per year; and

E. A Maryland Trauma Specialty Referral Center shall be eligible for a maximum of 2,190 hours of trauma on–call per year;

(ii) The cost of undercompensated care incurred by a trauma physician in providing trauma care to enrollees of the Maryland Medical Assistance Program who are trauma patients on the State trauma registry shall be reimbursed at a rate of up to 100% of the Medicare payment for the service, minus any amount paid by the Maryland Medical Assistance Program;

(iii) The cost of uncompensated care incurred by a trauma physician in providing trauma care to trauma patients on the State trauma registry shall be reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries made by the trauma physician for the care;

(iv) The Commission, in consultation with the Health Services Cost Review Commission, may establish a payment rate for uncompensated care incurred by a

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1. The Commission determines that increasing the payment rate above 100% of the Medicare payment for the service will address an unmet need in the State trauma system; and

2. The Commission reports on its intention to increase the payment rate to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, at least 60 days before any adjustment to the rate;

(v) The Commission shall develop guidelines for the reimbursement of the documented costs of the State primary adult resource center under subsection (b)(2)(iv) of this section; [and]

(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCENTAGE OF THE REASONABLE COMPENSATION EQUIVALENT PAID TO TRAUMA HOSPITALS IF:

1. THE COMMISSION DETERMINES THAT THE PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO SUPPORT THE PROPOSED INCREASE IN THE PERCENTAGE OF REASONABLE COMPENSATION EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COMPENSATION COMPONENT OF THE MEDICARE ECONOMIC INDEX; AND

2. THE COMMISSION REPORTS ON ITS INTENTION TO CHANGE THE PERCENTAGE OF REASONABLE COMPENSATION EQUIVALENT TO BE PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE ALLOWABLE HOURS;

(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBER OF ALLOWABLE HOURS OF TRAUMA ON–CALL EACH YEAR IF THE COMMISSION REPORTS ON ITS INTENTION TO CHANGE THE NUMBER OF ALLOWABLE HOURS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE ALLOWABLE HOURS;

(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID OF THE REASONABLE COMPENSATION EQUIVALENT FOR ON–CALL HOURS NOT MORE THAN ONCE EACH YEAR; AND

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[(vi)] (IX) The total reimbursement to emergency physicians from the Fund may not exceed $300,000 annually.

(5) In order to receive reimbursement, a trauma physician OR A TRAUMA HEALTH CARE PRACTITIONER in the case of costs of uncompensated care under subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner approved by the Commission and the Health Services Cost Review Commission.

(6) (i) The Commission and the Health Services Cost Review Commission shall adopt regulations that specify the information that trauma physicians, TRAUMA HEALTH CARE PRACTITIONERS, and trauma centers must submit to receive money from the Fund.

(ii) The information required shall include:

1. The name and federal tax identification number of the trauma physician rendering the service;

2. The date of the service;

3. Appropriate codes describing the service;

4. Any amount recovered for the service rendered;

5. The name of the trauma patient;

6. The patient’s trauma registry number; and

7. Any other information the Commission and the Health Services Cost Review Commission consider necessary to disburse money from the Fund.

(iii) It is the intent of the General Assembly that trauma physicians and trauma centers shall cooperate with the Commission and the Health Services Cost Review Commission by providing information required under this paragraph in a timely and complete manner.

(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law, expenditures from the Fund for costs incurred in any fiscal year may not exceed revenues of the Fund.

(2) (i) The Commission, in consultation with the Health Services Cost Review Commission and the Maryland Institute for Emergency Medical Services Systems, shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma centers [in the State to be used for equipment primarily used] in the delivery of trauma care.

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(ii) Bonds of any series of county transportation bonds issued under Subtitle 3 of this title.

(b) The tax levied and imposed by this section consists of that part of the following taxes that are retained to the credit of the Department after distributions to the political subdivisions:

(1) The motor fuel tax revenue distributed under §§ 2–1103(2), 2–1103(3), and 2–1104(a)(3) of the Tax – General Article;

(2) The motor fuel tax revenue attributable to the sales and use tax equivalent rate imposed under § 9–306 of the Tax – General Article and distributed under § 2–1103(4) of the Tax – General Article;

(3) The income tax revenue distributed under § 2–614 of the Tax – General Article;

(4) The excise tax imposed on vehicles by Part II of Title 13, Subtitle 8 of this article; [and]

(5) The sales and use tax revenues distributed under § 2–1302.1 of the Tax – General Article; AND

(6) THE TRANSPORTATION NETWORK COMPANY IMPACT FEE REVENUES ALLOCATED UNDER § 3–216(D)(5)(I)1 OF THIS SUBTITLE.

(c) As long as any consolidated transportation bonds are outstanding and unpaid, and except as provided in § 3–104 of this title, there shall be deposited and maintained in a sinking fund to be maintained by the State Treasurer to secure the payment of the principal of and interest on the bonds, annually or more often, as received, so much of the proceeds of the tax levied and imposed under this section, together with all other funds received by the Department and credited to the Transportation Trust Fund, as are necessary to maintain in the sinking fund a sum equal to the amount required to pay the principal of and interest on the outstanding and unpaid bonds that will become due and payable in the current calendar year and the next succeeding calendar year.

(d) The tax levied and imposed by this section is irrevocably pledged to the payment of the principal of and interest on consolidated transportation bonds as they become due and payable, and no part of the tax or other funds applicable to debt service on the bonds may be repealed, diminished, or applied to any other purpose until:

(1) The bonds and the interest on them have become due and fully paid; or

(2) Adequate and complete provision for payment of the principal and interest has been made.

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(e) (1) In this subsection “government obligations” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America.

(2) Adequate and complete provision for payment of the principal and interest of any issue or series of consolidated transportation bonds may be made by the Secretary and the State Treasurer by making a transfer of government obligations from the Transportation Trust Fund to the State Treasurer or to a bank or trust company as escrow fund agent in an amount which, together with the income due thereon, will be sufficient to pay in full when due the maturing principal of and interest on the consolidated transportation bonds.

(3) To the extent that adequate and complete provision has been made for the payment of consolidated transportation bonds under this title those bonds shall no longer be deemed to be outstanding and unpaid under this title.

3–216.

(a) There is a Transportation Trust Fund for the Department.

(c) (2) (i) The Gasoline and Motor Vehicle Revenue Account, the Driver Education Account, [and] the Motorcycle Safety Program Account, AND THE TRANSPORTATION NETWORK COMPANY IMPACT FEE ACCOUNT shall be maintained in the Transportation Trust Fund.

(d) (5) (I) THE DEPARTMENT SHALL ALLOCATE THE FUNDS IN THE TRANSPORTATION NETWORK COMPANY IMPACT FEE ACCOUNT FOR THE FOLLOWING PURPOSES, IN THE MANNER THE DEPARTMENT DETERMINES IS APPROPRIATE:

1. CAPITAL NEEDS IDENTIFIED IN THE ASSESSMENT CONDUCTED UNDER § 7–309 OF THIS ARTICLE; AND

2. DISTRIBUTION TO COUNTIES AND MUNICIPALITIES FOR THE PURPOSES SPECIFIED IN § 8–408 OF THIS ARTICLE.

(II) IF ANY FUNDS REMAIN IN THE TRANSPORTATION NETWORK COMPANY IMPACT FEE ACCOUNT AFTER THE ALLOCATIONS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT SHALL ALLOCATE THE REMAINING FUND BALANCE TO THE LOCALLY OPERATED TRANSIT SYSTEM GRANT PROGRAM UNDER § 4–322 OF THIS ARTICLE.

11–101.

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(ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

(iii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding [$1,000] $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.

(iv) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

2. For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

(b) (1) (i) A person may not drive or attempt to drive any vehicle while impaired by alcohol.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

2. For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

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(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding [$1,000] $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

(c) (1) (i) A person may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

2. For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

(iv) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding [$1,000] $1,200 or both; and

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2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (d)(2) of this section shall be considered a prior conviction.

(d) (1) (i) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5–101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding [$1,000] $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

2. For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (c)(2) of this section shall be considered a prior conviction.

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:

Chapter 36 of the Acts of 2021

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Ch. 717 2024 LAWS OF MARYLAND

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SECTION 16. AND BE IT FURTHER ENACTED, That:

(d) In the independent evaluation and report to be submitted to the Governor and the General Assembly on or before [December 1, 2024] JANUARY 15, 2027, as required under § 5–410(d)(1) of the Education Article as enacted by this Act, the Accountability and Implementation Board shall report whether the Blueprint for Maryland’s Future is being implemented as intended and is achieving expected outcomes.

(e) (1) If the Accountability and Implementation Board does not report that the Blueprint for Maryland’s Future is being implemented as intended and is achieving expected outcomes in accordance with subsection (d) of this section, then:

(i) notwithstanding any other provision of law, per pupil increases in major education aid required under this Act for fiscal year [2026] 2028 and each year thereafter shall be limited to the rate of inflation as defined in § 5–201(h) of the Education Article as enacted by this Act;

(ii) notwithstanding any other provision of law, any additional funding increases required under this Act shall be limited to the rate of inflation as defined in § 5–201(h) of the Education Article as enacted by this Act; and

(iii) subject to subsection (f) of this section and notwithstanding any other provision of law, local school systems are not required to meet the additional requirements of this Act that begin in fiscal year [2026] 2028 and each fiscal year thereafter.

(2) If the Accountability and Implementation Board reports that the Blueprint for Maryland’s Future is not being implemented as intended and is not achieving expected outcomes, it is the intent of the General Assembly that the General Assembly shall take immediate action to adjust the formula and policies under this Act to achieve the goals of the Blueprint for Maryland’s Future in order to fulfill the General Assembly’s commitment to provide the resources, supports, and funding to fully implement the Blueprint for Maryland’s Future.

(f) A local school system shall continue to fund the requirements of this Act in effect prior to fiscal year [2026] 2028.

SECTION 4. AND BE IT FURTHER ENACTED, That Section(s) 5–315 of Article – Education of the Annotated Code of Maryland be repealed.

SECTION 3. 2. 5. AND BE IT FURTHER ENACTED, That Section(s) 10–748 of Article – Tax – General of the Annotated Code of Maryland be repealed.

SECTION 6. AND BE IT FURTHER ENACTED, That Section 2 of Chapter 455 of the Acts of the General Assembly of 2023 be repealed.

SECTION 7. AND BE IT FURTHER ENACTED, That:

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WES MOORE, Governor Ch. 717

– 91 – capacity to deliver major capital projects, including methods that other states are employing to fund state transportation operating and capital programs;

(ii) options for regional or local approaches to transportation funding, including regional transportation authorities;

(iii) an analysis of major transportation needs of the State, including what significant projects the State should budget for over the next 10 years, including short– and long–term construction and maintenance funding needs for transit, highway, pedestrian, bicycle, heavy rail, shipping, and air travel;

(iv) options to better prioritize needs, including local and legislative priorities;

(v) options for better coordination between different modes of transportation; and

(vi) any additional items for the delivery and funding of transportation projects in the State.

(2) The Advisory Committee shall review, evaluate, and make recommendations regarding items requested by the Commission.

(j) On or before January 1, 2025, the Commission shall submit a final report of its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

SECTION 4. 3. 8. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, and unless inconsistent with a federal law, grant agreement, or other federal requirement, or with the terms of a gift or settlement agreement, for fiscal years 2024 through 2028, net interest on all State money allocated by the State Treasurer under § 6–226 of the State Finance and Procurement Article to special funds or accounts, and otherwise entitled to receive interest earnings, as accounted for by the Comptroller, shall accrue to the General Fund of the State, with the exception of the following funds:

(1) Maryland Housing Loan Funds of 1976, 1978, 1979, and 1984;

(2) Microsoft Cost Share Fund;

(3) Subsequent Injury Fund;

(4) Uninsured Employers’ Fund;

(5) Energy Overcharge Restitution Fund;

(6) PEPCO/Connectiv Settlement Fund;

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(1) $1,648,669 of the funds in the Board of Professional Counselors and Therapists Fund established under § 17–206 of the Health Occupations Article;

(2) $776,646 $426,551 of the funds in the State Board of Occupational Therapy Practice Fund established under § 10–206 of the Health Occupations Article; and

(3) $588,771 $480,954 of the funds in the State Board of Examiners for Psychologists Fund established under § 18–207 of the Health Occupations Article.

SECTION 7. 6. 11. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer $216,845 from the Health Information Exchange Fund established under § 19–143 of the Health – General Article to the Medical Programs Administration to support information technology activities.

SECTION 8. 7. 12. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer to the General Fund $193,830,236 $193,474,476 from the Dedicated Purpose Account established under § 7–310 of the State Finance and Procurement Article, including:

(1) $149,500,476 for cybersecurity;

(2) $28,884,000 in capital pay–as–you–go funds for renovations to 2100 Guilford Avenue and the adjacent parking structure;

(3) $9,090,000 in capital pay–as–you–go funds for the Maryland Department of Emergency Management Headquarters Renovation and Expansion project at the Camp Fretterd Military Reservation in Reisterstown; and

(4) $6,000,000 in capital pay–as–you–go funds for Conowingo Dam dredging; and

(5) $355,760 in other miscellaneous operating expenses.

SECTION 9. 8. 13. AND BE IT FURTHER ENACTED, That:

(a) (1) Notwithstanding any other provision of law and subject to paragraph (2) of this subsection, on or before June 30, 2025, the Governor may transfer up to $90,000,000 of the funds in the Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article to the Dedicated Purpose Account established under § 7–310 of the State Finance and Procurement Article.

(2) (i) The Governor may not include in the transfer authorized under paragraph (1) of this subsection any funds in the Energy Assistance Account.

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(ii) If the Governor transfers the funds authorized under paragraph (1) of this subsection, the Governor shall include in the transfer at least:

1. $43,100,000 from the Renewable Portfolio Standard ACP Account;

2. $40,000,000 from the Administration Account;

3. $2,300,000 from the Low and Moderate Income Energy Efficiency Account;

4. $2,300,000 from the Energy Efficiency in all Sectors Account; and

5. $2,300,000 from the Renewable Energy and Climate Change Account.

(b) (1) Subject to paragraph (2) of this subsection, the funds transferred from the Strategic Energy Investment Fund in accordance with subsection (a) of this section may be used to support the implementation of the Climate Solutions Act of 2022 and Maryland’s Climate Pollution Reduction Plan.

(2) At least 50% of the funds transferred from the Strategic Energy Investment Fund shall be given to programs that support low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State or overburdened or underserved communities, as defined in § 1–701 of the Environment Article.

SECTION 9. 14. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer to the General Fund $14,000,000 from the Dedicated Purpose Account established under § 7–310 of the State Finance and Procurement Article that was included in the fiscal year 2023 operating budget (Chapter 484 of the Acts of 2022) for the Facilities Renewal – State Agencies allocation to the Department of Natural Resources for critical maintenance.

SECTION 10. 15. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer to the General Fund $7,580,873 from the Dedicated Purpose Account established under § 7–310 of the State Finance and Procurement Article that was included in the fiscal year 2023 operating budget (Chapter 484 of the Acts of 2022) for assistance to assisted living facilities ($7,340,250), nursing homes ($132,321), and hospitals ($108,302) (M00A01.01).

SECTION 11. 16. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer to the General Fund $4,500,000 from the Dedicated Purpose Account established under § 7–310 of the State Finance and Procurement Article that was included in the fiscal year 2023 operating

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– 98 – budget (Chapter 484 of the Acts of 2022) for the Learning in Extended Academic Programs (R00A02.13).

SECTION 12. 17. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2025, the Governor may transfer to the Department of Natural Resources up to $6,678,827 from the available special fund balance from the Program Open Space State land acquisition fund balance to replace general funds budgeted for personnel expenses in the Department of Natural Resources for the Forest Service ($968,093) and the Maryland Park Service ($5,710,734).

SECTION 13. 18. AND BE IT FURTHER ENACTED, That the unexpended appropriation under Board of Public Works – Capital Appropriation (D06E02.01) to provide funding to Baltimore City Community College to demolish the Bard Building that was included in the fiscal year 2022 operating budget (Chapter 357 of the Acts of 2021, Supplemental Budget No. 4) is reduced by $2,000,000 in general funds.

SECTION 14. 19. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2024, the Governor may expand the allowable use of the appropriation for the Living Classrooms Foundation under Miscellaneous Grants – Capital Appropriation (H00H01.03) that was included in the fiscal year 2024 operating budget (Chapter 101 of the Acts of 2023, Supplemental Budget No. 2, Item 83(13)) to include insurance expenses.

SECTION 15. 20. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2024, the Governor may transfer to the General Fund $150,000,000 from the Local Income Tax Reserve Account established under § 2–606 of the Tax – General Article representing funds identified in the Office of the Comptroller’s fiscal year 2023 analysis as an overdistribution to the Account net of canceled repayments.

SECTION 21. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2024, the Governor may transfer to the Blueprint for Maryland’s Future Fund established under § 5–206 of the Education Article $40,000,000 from the School Construction Revolving Loan Fund established under § 5–315 of the Education Article.

SECTION 22. AND BE IT FURTHER ENACTED, That the transportation revenues raised in accordance with the provisions of this Act shall remain allocated within the Department of Transportation. Notwithstanding § 8–402 of the Transportation Article or any other provision of law, the revenue increases attributable to alterations to the registration fees in Section 2 of this Act may not be credited to the Gasoline and Motor Vehicle Revenue Account. Nothing in this section is intended to prohibit the Department of Transportation from providing grants to local governments to restore transportation aid.

SECTION 23. AND BE IT FURTHER ENACTED, That:

(chapter-717)Maryland General Assembly: 2024 Regular Session - Senate Bill 362 Chapter#

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