maryland senate budget bill - 2012 special session

7/31/2019 Maryland Senate Budget Bill - 2012 Special Session

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EXPLANATION:CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.[Brackets] indicate matter deleted from existing law.

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Bill No.: ______________________

Requested: ___________________

Committee: ___________________

Drafted by: Administration

Typed by: Carol

Stored05/11/12

Proofread by ___________________

Checked by ____________________

By: The President (By Request Administration)

A BILL ENTITLED

AN ACT concerning1

Budget Reconciliation and Financing Act of 20122

FOR the purpose of altering or repealing certain required appropriations; altering the3

distribution of certain revenues; altering or repealing certain funding4

requirements; altering the authorized use of certain funds; authorizing the5

transfer of certain funds; requiring certain appropriations to certain counties;6

altering the distribution of certain traffic conviction surcharges; requiring the7

State Court Administrator to submit a certain annual report on or before a8

certain date; altering certain categories required to be included in certain9

annual budgets of county boards of education; prohibiting a county council or10

board of county commissioners from reducing a certain budget amount for a11county board of education; authorizing the State to deduct a certain amount12

under certain circumstances from certain State funds that would otherwise be13

paid to certain county boards of education in a certain fiscal year; requiring the14

State to provide a certain grant to a county board of education in a certain fiscal15

year if certain funding provided to a county board decreases by a certain16

amount; adding St. Marys College of Maryland to the list of public senior higher17

education institutions eligible for money from the Higher Education Investment18

Fund; clarifying language relating to the Higher Education Investment Fund;19

providing a certain exception to a certain requirement that certain money is to20be included in the budget bill; altering certain State education funding for21

certain fiscal years; authorizing the Department of Health and Mental Hygiene22


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to impose a certain claims processing charge on certain Medicaid claims; setting1

a limit on the claims processing charge; requiring the Department of Health and2

Mental Hygiene to adopt certain regulations; repealing a requirement for a3

certain payment to certain nursing facilities under certain circumstances;4

altering a certain authority for the Health Services Cost Review Commission to5

adopt certain regulations under certain circumstances; requiring a certain6

nonprofit health service plan to provide a certain subsidy; altering the7

percentage of the amount that may be assessed in the aggregate on certain8

nursing facilities; requiring that certain proceeds of a certain account be9

transferred into the Mental Hygiene CommunityBased Services Fund;10

repealing a certain provision related to the Injured Workers Insurance Fund;11

providing that the State has no interest in the assets of the Injured Workers12

Insurance Fund and that all revenues, money, and assets of the Fund belong to13

the Fund and are held in trust for certain persons; prohibiting the State from14

borrowing, appropriating, or directing payments from the Fund for any purpose;15

prohibiting the dissolution of the Fund; providing that certain money received16

by the State or otherwise subject to the direction or control of a State official as17

a result of a certain settlement, judgment, or consent decree shall be deposited18

in the State treasury, shall be expended only in a certain manner, and may be19

transferred by budget amendment; providing for a certain exception;20

authorizing certain State officials to recommend certain restrictions on the use21

of certain payments; requiring certain State officials to make certain requests;22

establishing a Mortgage Loan Servicing Practices Settlement Fund as a23

continuing, nonlapsing fund; requiring certain funds to be credited to the24

Mortgage Loan Servicing Practices Settlement Fund; providing for the use of25

the Mortgage Loan Servicing Practices Settlement Fund; requiring the26

Governor to take certain actions in connection with each program, project, or27

activity receiving certain funds; exempting certain interest earnings from a28

requirement that certain interest accrue to the General Fund; altering certain29

commissions for certain licensed agents for a certain fiscal year; requiring30

county boards of education to pay a certain portion of certain employer31

contributions for certain members of the Teachers Retirement System or the32

Teachers Pension System; requiring the Board of Trustees for the State33

Retirement and Pension System to include a separate certification of a certain34

normal contribution rate in the certification of certain rates; providing for the35

manner of payment by certain county boards of education for certain employer36

contributions; requiring certain county boards of education to make certain37

payments of certain employer contributions in certain fiscal years; requiring the38


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Comptroller to withhold certain delinquent amounts from any money due under1

certain circumstances; requiring the Maryland Aviation Administration Fire2

Rescue Service to charge a certain ambulance transport fee; prohibiting certain3

regulations adopted by the Secretary of Health and Mental Hygiene from4

applying to certain prior calendar years; authorizing the Department of Health5

and Mental Hygiene to make certain changes to a certain methodology in6

connection with a certain Value Based Purchasing Initiative for a certain7

calendar year; altering the time period during which a certain education index8

adjustment is to be updated; altering certain criteria and methodology to be9

used in updating a certain education index adjustment; prohibiting the payment10

of certain merit increases for certain State employees for a certain period;11

requiring certain reports to be submitted to certain committees of the General12

Assembly; authorizing a county board of education to spend certain funds after13

approval by the county fiscal authority; requiring the county fiscal authority to14

approve the amount of certain funds within a certain period of time; providing15

that failure to take action constitutes approval by the county fiscal authority16

under certain circumstances; requiring the Governor to include a certain17

transfer in the budget bill for a certain fiscal year; declaring the intent of the18

General Assembly; repealing certain provisions relating to payment of19

overpayment of retirement contributions for certain members of the Teachers20

Retirement System or the Teachers Pension System; setting certain limits on21

increases in payments to certain providers for a certain fiscal year; requiring22

the Health Services Cost Review Commission to approve certain remittances to23

support the general operations of the Medicaid program; authorizing a certain24

reduction to the remittances; requiring that the Governor transfer a certain25

amount from the Injured Workers Insurance Fund to a certain special fund 26

under certain circumstances; providing that the Injured Workers Insurance27

Fund and its successor are jointly liable for a certain payment to the State28

under certain circumstances; providing that a certain transfer resolves certain29

claims; requiring that certain money received by the State as a result of a30

certain approved merger between Exelon Corporation and Constellation Energy31

Group be expended only in a certain manner; providing that certain money32

received by the State is not subject to transfer by budget amendment, except33

under certain circumstances; requiring each county to appropriate to the county34

board of education certain amounts; requiring that for a certain fiscal year a35

certain maintenance of effort amount be calculated in a certain manner;36

requiring that for a certain fiscal year the maintenance of effort calculation for37

Baltimore City exclude certain reductions in the cost of health benefits for38


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retired employees of the Baltimore City Public School System under certain1

circumstances; providing that a certain provision of law does not apply to a2

certain process for awarding a video lottery operation license; authorizing3

certain counties to reduce a certain education funding requirement in a certain4

fiscal year under certain circumstances; requiring the Governor to reduce5

certain appropriations by a certain amount and to propose certain additional6

reductions for a certain fiscal year under certain circumstances; reducing7

certain appropriations for a certain fiscal year in a certain manner; requiring8

the implementation of certain reductions in appropriations without the review9

or approval by the Board of Public Works; altering certain procedural10

requirements concerning the allocation of certain statewide reductions in11

appropriations; providing for the distribution of certain revenues for a certain12

fiscal year to a certain special fund, to be used only for certain purposes;13

authorizing for a certain fiscal year the use of certain funds for certain purposes14

subject to a certain budget amendment procedure; requiring a certain reversion15

of funds to the General Fund; altering the budget amendment process under16

certain circumstances; defining certain terms; altering certain definitions;17

providing for the construction of certain provisions of this Act; providing for the18

termination of certain provisions of this Act; making the provisions of this Act19

severable; providing for the effective dates of this Act; and generally relating to20

the financing of State and local government.21

BY repealing22

Article 24Political SubdivisionsMiscellaneous Provisions23

Section 9110424

Annotated Code of Maryland25

(2011 Replacement Volume)26

BY adding to27

Article 24Political SubdivisionsMiscellaneous Provisions28

Section 9110529



BY repealing and reenacting, with amendments,32

ArticleCourts and Judicial Proceedings33

Section 7301(f)34



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(2006 Replacement Volume and 2011 Supplement)1


ArticleEconomic Development3

Section 10523(a)(3)(i)4


(2008 Volume and 2011 Supplement)6


ArticleEducation8

Section 5101(b)(4), 5103(c), 5105(c), 5202(i), 5206(f)(2), 15106.6(a)(3) and9

(b)(9), 16305(c)(1)(i), 16512(a)(1), and 17104(a)(1)10



BY adding to13

ArticleEducation14

Section 5105(d), 5202(j), 16305(c)(1)(iv), 16512(a)(4), and 17104(a)(3)15




ArticleEnvironment19

Section 7604(b) and (h) and 91707(f)(6)20



BY repealing and reenacting, without amendments,23

ArticleEnvironment24

Section 91707(f)(1)25




ArticleHealthGeneral29

Section 15117(b) and (c), 19214(b) and (c), 19310.1(b)(2), and 24110530




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BY adding to1

ArticleHealthGeneral2

Section 15102.83




ArticleInsurance7

Section 14106(d)8



(As enacted by Chapter 66 of the Acts of the General Assembly of 2012)11


ArticleInsurance13

Section 14106.1 and 14504(e)14



BY repealing17

ArticleLabor and Employment18

Section 1012719



BY adding to22

ArticleLabor and Employment23

Section 1012724




ArticleState Finance and Procurement28

Section 6226(a)(2)(i)29




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BY adding to1


Section 6226(a)(2)(ii)64., 7310.1, and 73283





Section 6226(a)(2)(ii)62. and 63.8




ArticleState Government12

Section 9117(a)(1) and 1220313




ArticleState Personnel and Pensions17

Section 21125(b) and 21304(c)18





Section 21304(a) and (b) and 21308(a)(1)23



BY adding to26


Section 21309.128



BY repealing31

ArticleTaxGeneral32


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Section 2608(c), (d), (e), and (f)1




ArticleTaxGeneral5

Section 21104(b)6




ArticleTransportation10

Section 4321(e)11



BY adding to14


Section 541516





Section 12118(e)(2)21



(As enacted by Chapter 500 of the Acts of the General Assembly of 2009)24


Chapter 193 of the Acts of the General Assembly of 200526

Section 2 and 327


Chapter 2 of the Acts of the General Assembly of the Special Session of 200729

Section 13(a)30



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Chapter 397 of the Acts of the General Assembly of 20111

Section 11 and 242


ArticleEducation4

Section 5105(a)5



BY repealing8

ArticleEducation9

Section 520310



SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF13

MARYLAND, That the Laws of Maryland read as follows:14

Article 24 Political Subdivisions Miscellaneous Provisions15

[91104.16

The Governor shall include in the budget bill for each fiscal year a General17

Fund appropriation to Baltimore City of $3,075,000.]18

91105.19

THE GOVERNOR SHALL INCLUDE IN THE BUDGET BILL FOR EACH FISCAL20

YEAR A GENERAL FUND APPROPRIATION FOR THE FOLLOWING TEACHER21

RETIREMENT SUPPLEMENTAL GRANTS TO THE COUNTIES:22

(1) ALLEGANY COUNTY $1,632,106;23

(2) BALTIMORE CITY $10,047,596;24

(3) BALTIMORE COUNTY $3,000,000;25

(4) CAROLINE COUNTY $685,108;26


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(5) DORCHESTER COUNTY $308,913;1

(6) GARRETT COUNTY $406,400;2

(7) PRINCE GEORGES COUNTY $9,628,702;3

(8) SOMERSET COUNTY$381,999; AND4

(9) WICOMICO COUNTY $1,567,837.5

Article Courts and Judicial Proceedings6

7301.7

(f) (1) This subsection does not apply to a traffic case under 21202.1, 8

21809, or 21810 of the Transportation Article or to a parking or impounding case.9

(2) In a traffic case under subsection (a)(1) of this section the court10

shall add a $7.50 surcharge to the court costs imposed by the court.11

(3) (i) The Comptroller annually shall credit the surcharges12

collected under this subsection as provided in this paragraph.13

(ii) An amount annually as set forth in the State budget shall be14

distributed for the Charles W. Riley Fire and Emergency Medical Services Tuition15

Reimbursement Program as established in 18603 of the Education Article.16

(iii) After the distribution under subparagraph (ii) of this17

paragraph, [subject to subparagraph (iv) of this paragraph,] $200,000 SHALL BE18

DISTRIBUTED TO THE MARYLAND STATE FIREMENSASSOCIATION.19

(IV) AFTER THE DISTRIBUTION UNDER SUBPARAGRAPHS (II)20

AND (III) OF THIS PARAGRAPH AND UNTIL A TOTAL OF $20,000,000 HAS BEEN21

DISTRIBUTED TO THE VOLUNTEER COMPANY ASSISTANCE FUND SINCE THE22

ESTABLISHMENT OF THE SURCHARGE UNDER THIS SUBSECTION, THE23

REMAINDER SHALL BE CREDITED TO THEVOLUNTEER COMPANY ASSISTANCE24


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FUND TO BE USED IN ACCORDANCE WITH THE PROVISIONS OF TITLE 8,1

SUBTITLE 2 OF THE PUBLIC SAFETYARTICLE.2

(V) AFTER A TOTAL OF $20,000,000 HAS BEEN3

DISTRIBUTED TO THE VOLUNTEER COMPANY ASSISTANCE FUND, 100% of the4

remainder shall be credited to the Maryland Emergency Medical Systems Operation5

Fund established under 13955 of the Transportation Article.6

[(iv) For fiscal years 2012 and 2013 only, before the distribution7

to the Maryland Emergency Medical Systems Operation Fund under subparagraph8

(iii) of this paragraph, from the surcharges collected under this subsection, an amount9

equal to $8,201,311 for fiscal year 2012 and $2,114,000 for fiscal year 2013 shall be10

credited to the Volunteer Company Assistance Fund to be used in accordance with the11

provisions of Title 8, Subtitle 2 of the Public Safety Article.]12

(VI) ON OR BEFORE SEPTEMBER 1 OF EACH YEAR UNTIL13

$20,000,000 HAS BEEN DISTRIBUTED TO THE VOLUNTEER COMPANY14

ASSISTANCE FUND, THE STATE COURT ADMINISTRATOR SHALL SUBMIT A15

REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE HOUSE16

APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH 21246 OF THE STATE17

GOVERNMENTARTICLE, ON THE AMOUNT OF REVENUE DISTRIBUTED TO THE18

VOLUNTEER COMPANYASSISTANCE FUND UNDER THIS PARAGRAPH.19

Article Economic Development20

10523.21

(a) (3) (i) To assist the Corporation in complying with subsection (c) of22

this section, the Governor shall include each year in the State budget bill an23

appropriation to the Corporation for rural business development and assistance as24

follows:25

1. for fiscal year2011, $2,750,000;26

2. for fiscal year 2012, $2,750,000;27

3. for fiscal year 2013, [$3,000,000]$2,875,000; [and]28


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4. FOR FISCAL YEAR 2014,$2,875,000; AND1

5. for each of THE fiscal years [2014] 2015 through2

2020, $4,000,000.3

Article Education4

5101.5

(b) The budget shall be prepared to include the following categories:6

(4) School Construction Fund, requested appropriations:7

(i) Land for school sites;8

(ii) Buildings and the equipment that will be an integral part of9

a building by project;10

(iii) School site improvement by project;11

(iv) Remodeling by project;12

(v) Additional equipment by project; [and]13

(vi) Debt service; AND14

(VII) AN AMOUNT THAT IS ADEQUATE TO SATISFY A FINAL15

COURT JUDGMENT THAT, AFTER EXHAUSTION OF THE RIGHTS OF APPEAL, IS16

RENDERED AGAINST THE COUNTY BOARD OF EDUCATION OR ANY OF ITS17

OFFICERS OR EMPLOYEES.18

5103.19

(c) If a county council or board of county commissioners does not approve the20

amount requested in the budget that is more than the amount required by 21

5202(d)(1)(i) of this title:22

(1) The county council or board of county commissioners [shall]:23


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(I) MAY NOT REDUCE THE AMOUNT REQUESTED IN THE1

BUDGET THAT IS DEDICATED TO SATISFYING A FINAL COURT JUDGMENT; AND2

(II) SHALL indicate in writing, within 15 days after the3

adoption of the budget, which major categories of the annual budget have been4

reduced and the reason for the reduction; and5

(2) The county board shall submit to the county governing body,6

within 30 days after the adoption of the budget, a report indicating how the alterations7

to the budget will be implemented, accompanied by reasonable supporting detail and8

analysis.9

5202.10

(i) (1) In this subsection, total direct education aid means the total11

financial assistance provided by the State to a county board under the following12

programs:13

(i) Funding for the foundation program including funds for the14

Geographic Cost of Education under this section;15

(ii) Transportation aid under 5205 of this subtitle;16

(iii) Funding for compensatory education under 5207 of this17

subtitle;18

(iv) Funding for students with limited English proficiency under19

5208 of this subtitle;20

(v) Funding for special education students under 5209 of this21

subtitle;22

(vi) Funding for the guaranteed tax base program under 521023

of this subtitle; and24

(vii) Funding for grants provided under this subsection.25


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(2) For fiscal year 2012 only, if a county boards total direct education1

aid in the current fiscal year is less than the prior fiscal year by more than 6.5%, then2

the State shall provide a grant to the county board in an amount necessary to ensure3

that a decrease in total direct education aid is not more than 6.5%.4

(3) FOR FISCAL YEAR 2013 ONLY, IF A COUNTY BOARDS TOTAL5

DIRECT EDUCATION AID IN THE CURRENT FISCAL YEAR IS LESS THAN THE6

PRIOR FISCAL YEAR BY MORE THAN 5%, THEN THE STATE SHALL PROVIDE A7

GRANT TO THE COUNTY BOARD IN AN AMOUNT NECESSARY TO ENSURE THAT A8

DECREASE IN TOTAL DIRECT EDUCATION AID IS NOT MORE THAN 5%.9

(J) IF A FINAL COURT JUDGMENT REQUIRES THE STATE TO INCLUDE IN10

THE BUDGET BILL MONEY TO SATISFY A JUDGMENT AGAINST THE COUNTY11

BOARD OF EDUCATION, THE STATE MAY DEDUCT THAT AMOUNT FROM ANY12

OTHER STATE FUNDS THAT WOULD OTHERWISE BE PAID TO THE COUNTY BOARD13

OF EDUCATION UNDER THIS SUBTITLE IN THE FOLLOWING FISCAL YEAR.14

5206.15

(f) (2) [The] IN FISCAL YEAR 2013 AND IN EACH FISCAL YEAR16

THEREAFTER, THE funding level for a county is[:17

(i) In fiscal year 2011,] the following amounts for the following18

counties:19

[1.](I) Allegany County .....................................$97,791;20

[2.](II) Anne Arundel County ...........................$506,038;21

[3.](III) Baltimore City ................................... $1,387,924;22

[4.](IV) Baltimore County .................................$874,227;23

[5.](V) Calvert County .......................................$38,292;24

[6.](VI) Caroline County ......................................$50,074;25

[7.](VII) Carroll County ......................................$137,261;26


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[8.](VIII) Cecil County ............................................$96,024;1

[9.](IX) Charles County .......................................$50,074;2

[10.](X) Dorchester County ..................................$38,292;3

[11.](XI) Frederick County ..................................$182,622;4

[12.](XII) Garrett County .......................................$38,292;5

[13.](XIII) Harford County .....................................$217,379;6

[14.](XIV) Howard County .......................................$87,776;7

[15.](XV) Kent County ............................................$38,292;8

[16.](XVI) Montgomery County .............................$602,651;9

[17.](XVII) Prince Georges County ..................... $1,209,426;10

[18.](XVIII)Queen Annes County .............................$50,074;11

[19.](XIX) St. Marys County ...................................$50,074;12

[20.](XX) Somerset County ....................................$38,292;13

[21.](XXI) Talbot County .........................................$38,292;14

[22.](XXII) Washington County ..............................$134,904;15

[23.](XXIII) Wicomico County .......................... $106,627; and16

[24.](XXIV) Worcester County .......................... $38,292[; and17

(ii) In fiscal year 2012 and in each fiscal year thereafter, the18

funding level for the county for the prior fiscal year].19


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15106.6.1

(a) (3) Public Senior Higher Education Institution has the meaning2

stated in [10101(m)(1) and (2)]10101(m) of this article.3

(b) (9) Money in the Fund may be expended only:4

(i) To supplement General Fund appropriations to [public5

senior higher education institutions and] research institutes of the University System6

of MarylandAND PUBLIC SENIOR HIGHER EDUCATION INSTITUTIONS;7

(ii) For capital projects for [public senior higher education8

institutions and] research institutes of the University System of Maryland AND9

PUBLIC SENIOR HIGHER EDUCATION INSTITUTIONS;10

(iii) For workforce development initiatives administered by the11

Commission; and12

(iv) For initiatives to address higher education needs related to13

the United States Department of Defense Base Realignment and Closure process.14

16305.15

(c) (1) (i) The total State operating fund per fulltime equivalent16

student to the community colleges for each fiscal year OTHER THAN FISCAL YEAR17

2013, as requested by the Governor shall be:18

1. In fiscal year 2009, not less than an amount equal to19

26.25% of the States General Fund appropriation per fulltime equivalent student to20

the 4year public institutions of higher education in the State as designated by the21

Commission for the purpose of administering the Joseph A. Sellinger Program under22

Title 17 of this article in the previous fiscal year;23





Title 17 of this article in the same fiscal year;28


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20% of the States General Fund appropriation per fulltime equivalent student to the7

4year public institutions of higher education in the State as designated by the8



[5. In fiscal year 2013, not less than an amount equal to11

19% of the States General Fund appropriation per fulltime equivalent student to the12



Title 17 of this article in the same fiscal year;]15

[6.]5. In fiscal year 2014, [not less than an amount16

equal to 19%] AN AMOUNT THAT IS THE GREATER OF 19.7% OF THE STATES17

GENERAL FUND APPROPRIATION PER FULLTIME EQUIVALENT STUDENT to the18



Title 17 of this article in the same fiscal year OR $1,839.47 PER FULLTIME21

EQUIVALENT STUDENT;22

[7.] 6. In fiscal year 2015, [not less than an amount23

equal to 19.5%]AN AMOUNT THAT IS THE GREATER OF 19.7% OF THE STATES24

GENERAL FUND appropriation per fulltime equivalent student to the 4year public25

institutions of higher education in the State as designated by the Commission for the26

purpose of administering the Joseph A. Sellinger Program under Title 17 of this article27

in the same fiscal year OR $1,839.47 PER FULLTIME EQUIVALENT STUDENT;28


equal to 21%]AN AMOUNT THAT IS THE GREATER OF 19% OF THE STATES30




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equal to 22%]AN AMOUNT THAT IS THE GREATER OF 19% OF THE STATES4





[10.]9. In fiscal year 2018, not less than an amount9

equal to [23%] 20% OF THE STATES GENERAL FUND APPROPRIATION PER10

FULLTIME equivalent student to the 4year public institutions of higher education in11

the State as designated by the Commission for the purpose of administering the12

Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;13


equal to [24%] 21% of the States General Fund appropriation per fulltime15

equivalent student to the 4year public institutions of higher education in the State as16

designated by the Commission for the purpose of administering the Joseph A.17

Sellinger Program under Title 17 of this article in the same fiscal year;18












equal to [27.5%] 27% of the States General Fund appropriation per fulltime30



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Sellinger Program under Title 17 of this article in the same fiscal year; and2

[15.]14. In fiscal year 2023 and each fiscal year3

thereafter, not less than an amount equal to 29% of the States General Fund4

appropriation per fulltime equivalent student to the 4year public institutions of5

higher education in the State as designated by the Commission for the purpose of6

administering the Joseph A. Sellinger Program under Title 17 of this article in the7

same fiscal year.8

(IV) IN FISCAL YEAR 2013, THE TOTAL STATE OPERATING9

FUNDS FOR COMMUNITY COLLEGES SHALL BE $199,176,114, TO BE10

DISTRIBUTED AS FOLLOWS:11

1. ALLEGANY COLLEGE ........................... $4,773,622;12

2. ANNE ARUNDEL COMMUNITY13

COLLEGE .$27,235,329;14

3. COMMUNITY COLLEGE OF BALTIMORE15

COUNTY ...$34,398,366;16

4. CARROLL COMMUNITY COLLEGE ....... $6,851,515;17

5. CECIL COMMUNITY COLLEGE ............. $4,645,751;18

6. COLLEGE OF SOUTHERN19

MARYLAND .$10,902,580;20

7. CHESAPEAKE COLLEGE ....................... $5,675,815;21

8. FREDERICK COMMUNITY COLLEGE ... $8,145,648;22

9. GARRETT COLLEGE ............................. $2,246,709;23

10. HAGERSTOWN COMMUNITY24

COLLEGE ...$6,965,064;25


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11. HARFORD COMMUNITY COLLEGE ...... $9,990,806;1

12. HOWARD COMMUNITY COLLEGE ...... $12,584,485;2

13. MONTGOMERY COLLEGE ................... $35,998,553;3

14. PRINCE GEORGES COMMUNITY4

COLLEGE ...$22,013,074; AND5

15. WORWIC COMMUNITY COLLEGE ...... $6,748,796.6

16512.7

(a) (1) The total State operating fund per fulltime equivalent student8

appropriated to Baltimore City Community College for each fiscal year OTHER THAN9

FISCAL YEAR 2013, as requested by the Governor shall be:10

(i) In fiscal year 2009, not less than an amount equal to 67.25%11

of the States General Fund appropriation per fulltime equivalent student to the12



Title 17 of this article in the previous fiscal year;15

(ii) In fiscal year 2010, not less than an amount equal to 65.1%16





(iii) In fiscal year 2011, not less than an amount equal to 65.5%21





(iv) In fiscal year 2012, not less than an amount equal to 63% of26

the States General Fund appropriation per fulltime equivalent student to the 4year27

public institutions of higher education in the State as designated by the Commission28


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for the purpose of administering the Joseph A. Sellinger Program under Title 17 of1

this article in the same fiscal year;2

[(v) In fiscal year 2013, not less than an amount equal to 63.5%3




Title 17 of this article in the same fiscal year;]7

[(vi)](V) In fiscal year 2014, [not less than an amount equal to8

64%] AN AMOUNT THAT IS THE GREATER OF 61% of the States General Fund9




same fiscal year OR $5,695.63 PER FULLTIME EQUIVALENT STUDENT;13

[(vii)](VI) In fiscal year 2015, [not less than an amount equal to14

64.5%] AN AMOUNT THAT IS THE GREATER OF 61% of the States General Fund15





[(viii)](VII) In fiscal year 2016, [not less than an amount equal20

to 64.75%] AN AMOUNT THAT IS THE GREATER OF 58%of the States General Fund21





[(ix)](VIII) In fiscal year 2017, [not less than an amount equal26

to 65.25%] AN AMOUNT THAT IS THE GREATER OF 58%of the States General Fund27






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[(x)](IX) In fiscal year 2018, not less than an amount equal to1

[65.75%] 60% of the States General Fund appropriation per fulltime equivalent2

student to the 4year public institutions of higher education in the State as designated3

by the Commission for the purpose of administering the Joseph A. Sellinger Program4

under Title 17 of this article in the same fiscal year;5

[(xi)](X) In fiscal year 2019, not less than an amount equal to6

[66.25%] 61% of the States General Fund appropriation per fulltime equivalent7




[(xii)](XI) In fiscal year 2020, not less than an amount equal to11

[67%] 62.5% of the States General Fund appropriation per fulltime equivalent12




[(xiii)](XII) In fiscal year 2021, not less than an amount equal to16

[67.5%] 64.5% of the States General Fund appropriation per fulltime equivalent17




[(xiv)](XIII) In fiscal year 2022, not less than an amount equal to21

[68%] 66.5% of the States General Fund appropriation per fulltime equivalent22



under Title 17 of this article in the same fiscal year; and25

[(xv)](XIV) In fiscal year 2023 and each fiscal year thereafter,26

not less than an amount equal to 68.5% of the States General Fund appropriation per27

fulltime equivalent student to the 4year public institutions of higher education in28

the State as designated by the Commission for the purpose of administering the29

Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year.30


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(4) IN FISCAL YEAR 2013, THE TOTAL STATE OPERATING FUNDS1

APPROPRIATED TO BALTIMORE CITY COMMUNITY COLLEGE UNDER THIS2

SECTION SHALL BE $39,863,729.3

17104.4

(a) (1) Except as provided in paragraph (2) of this subsection, the5

Maryland Higher Education Commission shall compute the amount of the annual6

apportionment for each institution that qualifies under this subtitle by multiplying the7

number of fulltime equivalent students enrolled at the institution during the fall8

semester of the fiscal year preceding the fiscal year for which the aid apportionment is9

made, as determined by the Maryland Higher Education Commission by:10

(i) In fiscal year 2009, an amount not less than 16% of the11

States General Fund per fulltime equivalent student appropriation to the 4year12

public institutions of higher education in this State for the preceding fiscal year;13

(ii) In fiscal year 2010, an amount not less than 12.85% of the14


public institutions of higher education in the State for the same fiscal year;16

(iii) In fiscal year 2011, an amount not less than 9.8% of the17


public institutions of higher education in this State for the same fiscal year;19

(iv) In fiscal year 2012, an amount not less than 9.2% of the20


public institutions of higher education in this State for the same fiscal year;22

[(v) In fiscal year 2013, an amount not less than 9.7% of the23


public institutions of higher education in this State for the same fiscal year;]25

[(vi)](V) In fiscal year 2014, [an amount not less than 10%] AN26

AMOUNT THAT IS THE GREATER OF 9.4% of the States General Fund per27

fulltime equivalent student appropriation to the 4year public institutions of higher28

education in this State for the same fiscal year OR $875.53 PER FULLTIME29

EQUIVALENT STUDENT;30


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[(vii)](VI) In fiscal year 2015, an amount [not less than 10.6%]1

THAT IS THE GREATER OF 9.4%of the States General Fund per fulltime equivalent2

student appropriation to the 4year public institutions of higher education in this3

State for the same fiscal year OR $875.53 PER FULLTIME EQUIVALENT STUDENT;4

[(viii)](VII) In fiscal year 2016, an amount [not less than 11.1%]5

THAT IS THE GREATER OF 9%of the States General Fund per fulltime equivalent6



[(ix)](VIII) In fiscal year 2017, an amount [not less than 12%]9

THAT IS THE GREATER OF 9%of the States General Fund per fulltime equivalent10



[(x)](IX) In fiscal year 2018, an amount not less than [13%]13

9.3% of the States General Fund per fulltime equivalent student appropriation to14

the 4year public institutions of higher education in this State for the same fiscal year;15

[(xi)](X) In fiscal year 2019, an amount not less than [14%]16

11.3%of the States General Fund per fulltime equivalent student appropriation to17


[(xii)](XI) In fiscal year 2020, an amount not less than [15%]19

13.3%of the States General Fund per fulltime equivalent student appropriation to20


and22

[(xiii)](XII) In fiscal year 2021 and each fiscal year thereafter, an23

amount not less than 15.5% of the States General Fund per fulltime equivalent24


State for the same fiscal year.26

(3) IN FISCAL YEAR 2013, THE TOTAL AMOUNT OF AID DUE TO27

ALL INSTITUTIONS SHALL BE $38,056,175.28

Article Environment29


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7604.1

(b) The Department shall use the Community RighttoKnow Fund for:2

(1) The collection, management, and analysis of data received by the3

Department from an owner or operator of a facility that is required by the federal Act4

or any regulations adopted under the federal Act to provide information to the State5

under 7602(b) of this subtitle;6

(2) Enforcement by the State of this subtitle or the federal Act; [and]7

(3) Planning and training functions performed by the State or local8

instrumentalities as may be required by the federal Act including:9

(i) Conducting:10

1. Incident response activities;11

2. Shelter in place and evacuation planning;12

3. Railroad, maritime, and transportation exercises; and13

4. Emergency response activities;14

(ii) The collection of hazardous material commodity flow15

information;16

(iii) The acquisition and maintenance of chemical reference17

materials;18

(iv) Public outreach activities including case studies, school19

safety, and emergency planning for citizens; and20

(v) Participation by emergency response personnel in related21

training conferences on local, State, and federal regulatory and compliance updates,22

incident command, and crisis control; AND23


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(4) EMERGENCY RESPONSE ACTIVITIES OF THE DEPARTMENT.1

(h) The Department [shall] MAY use 50% of the moneys in the Fund to2

provide grants to local emergency planning committees.3

91707.4

(f) (1) There is a State Recycling Trust Fund.5

(6) In accordance with the State budget, the Fund shall be used only:6

(i) To provide grants to the counties to be used by the counties7

to develop and implement local recycling plans;8

(ii) To provide grants to counties that have addressed methods9

for the separate collection and recycling of covered electronic devices in accordance10

with 91703(c)(1) of this subtitle;11

(iii) To provide grants to municipalities to be used by the12

municipalities to implement local covered electronic device recycling programs; and13

(iv) To carry out the purposes of the [Office of Recycling under14

this subtitle and under Title 6, Subtitle 9 of this article] LAND MANAGEMENT15

ADMINISTRATION.16

Article Health General17

15102.8.18

(A) THE DEPARTMENT MAY IMPOSE A CLAIMS PROCESSING CHARGE ON19

ALL MEDICAID CLAIMS PROCESSED, APPROVED, AND PAID BY THE20

DEPARTMENT TO HOSPITALS LOCATED IN THE DISTRICT OF COLUMBIA FOR21

THE PROVISION OF INPATIENT AND OUTPATIENT HOSPITAL SERVICES.22

(B) THE AMOUNT TO BE PAID UNDER SUBSECTION (A) OF THIS SECTION23

MAY NOT EXCEED 6% OF THE AMOUNT OF CLAIMS PAID.24


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(C) THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT1

THIS SECTION.2

15117.3

(b) [(1)] To ensure that a bed is reserved for a Program recipient who is4

[absent temporarily from a nursing facility, the Program shall include the following5

payments for nursing facilities that have made a provider agreement with the6

Department.7

(2) If the Program recipient is absent from a nursing facility due to8

hospitalization for an acute condition, the facility shall receive payment for each day9

that the Program recipient is hospitalized and a bed is reserved and made available10

for the return of that Program recipient.11

(3) If a Program recipient is] on leave of absence from a nursing12

facility THAT HAS MADE A PROVIDER AGREEMENT WITH THE DEPARTMENT, the13

facility shall receive payment for each day that the Program recipient is absent and a14

bed is reserved and made available for the return of that Program recipient.15

(c) (1) [Payments under subsection (b)(2) of this section may not be made16

for more than 15 days for any single hospital stay.17

(2) (i)] Payments under subsection [(b)(3)] (B) of this section may18

not be made for more than 18 days in any calendar year.19

[(ii)](2) Notwithstanding any rule or regulation, a leave of20

absence is not subject to any requirement that it may not exceed a particular number21

of days a visit, except that the leave of absence may not exceed a total of 18 days22

during any calendar year.23

19214.24

(b) The Commission may adopt regulations establishing alternative methods25

for financing the reasonable total costs of hospital uncompensated care AND THE26

DISPROPORTIONATE SHARE HOSPITAL PAYMENT provided that the alternative27

methods:28


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(1) Are in the public interest;1

(2) Will equitably distribute the reasonable costs of uncompensated2

careAND THE DISPROPORTIONATE SHARE HOSPITAL PAYMENT;3

(3) Will fairly determine the cost of reasonable uncompensated care4

AND THE DISPROPORTIONATE SHARE HOSPITAL PAYMENT included in hospital5

rates;6

(4) Will continue incentives for hospitals to adopt fair, efficient, and7

effective credit and collection policies; and8

(5) Will not result in significantly increasing costs to Medicare or the9

loss of Marylands Medicare Waiver under 1814(b) of the Social Security Act.10

(c) Any funds generated through hospital rates under an alternative method11

adopted by the Commission in accordance with subsection (b) of this section may only12

be used to finance the delivery of hospital uncompensated care AND THE13

DISPROPORTIONATE SHARE HOSPITAL PAYMENT.14

19310.1.15

(b) (2) The amount assessed in the aggregate on all nursing facilities may16

not exceed [5.5%] 6.0% of the operating revenue for all nursing facilities subject to17

this section for the previous fiscal quarter.18

241105.19

(a) The Trust Fund may only be used in accordance with this section.20

(b) In accordance with an appropriation approved by the General Assembly21

in the State budget, the Comptroller shall transfer [the investment earnings of]:22

(1) The INVESTMENT EARNINGS OF THE Developmental Disabilities23

Administration account of the Trust Fund into the Waiting List Equity Fund24

established under 7205 of this article; and25


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(2) The PROCEEDS AND INVESTMENT EARNINGS OF THE Mental1

Hygiene Administration account of the Trust Fund into the Mental Hygiene2

CommunityBased Services Fund established under 10208 of this article.3

Article Insurance4

14106.5

(d) (1) Notwithstanding subsection (c) of this section, a nonprofit health6

service plan that is subject to this section and issues comprehensive health care7

benefits in the State shall:8

(i) offer health care products in the individual market;9

(ii) offer health care products in the small employer group10

market in accordance with Title 15, Subtitle 12 of this article;11

(iii) subsidize the Senior Prescription Drug Assistance Program12

established under Subtitle 5, Part II of this title;13

(iv) subsidize the Kidney Disease Program under Title 13,14

Subtitle 3 of the HealthGeneral Article; [and]15

(v) support the costs of the Community Health Resources16

Commission under Title 19, Subtitle 21 of the Health General Article, including:17

1. operating grants to community health resources;18

2. funding for a unified data information system;19

3. the documented direct costs of fulfilling the statutory20

and regulatory duties of the Commission; and21

4. the administrative costs of the Commission; AND22

(VI) SUBSIDIZE THE PROVISION OF MENTAL HEALTH23

SERVICES TO THE UNINSURED UNDER TITLE 10,SUBTITLE 2 OF THE HEALTH 24

GENERALARTICLE.25


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(2) (i) Except as provided in subparagraph (ii) of this paragraph,1

the support provided under paragraph (1)(iv) [and (v)], (V), AND (VI) of this2

subsection to the Kidney Disease Program [and], the Community Health Resources3

Commission, AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE,4

respectively, shall be the value of the premium tax exemption less the subsidy5

required under this subsection for the Senior Prescription Drug Assistance Program.6

(ii) The subsidy provided under this subsection to the7

Community Health Resources Commission may not be less than:8

1. $3,000,000 for each of fiscal years 2012 and 2013; and9

2. $8,000,000 for fiscal year 2014 and each fiscal year10

thereafter.11

(3) For any year, the subsidy and funding required under this12

subsection by a nonprofit health service plan subject to this section may not exceed the13

value of the nonprofit health service plans premium tax exemption under 6101(b)14

of this article.15

14106.1.16

Beginning in fiscal year 2006, a nonprofit health service plan shall transfer17

funds in the amounts provided under 14106(d)(2) of this subtitle to:18

(1) the Community Health Resources Commission Fund established19

under 192201 of the Health General Article to support the costs of the20

Community Health Resources Commission as provided in 14106(d)(1)(v) of this21

subtitle; [and]22

(2) the Department of Health and Mental Hygiene for the Kidney23

Disease Program under Title 13, Subtitle 3 of the HealthGeneral Article; AND24

(3) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR25

THE PROVISION OF MENTAL HEALTH SERVICES TO THE UNINSURED UNDER26

TITLE 10,SUBTITLE 2 OF THE HEALTH GENERALARTICLE.27


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14504.1

(e) (1) In addition to the operation and administration of the Plan, the2

Fund shall be used:3

(I) for the operation and administration of the Senior4

Prescription Drug Assistance Program established under Part II of this subtitle; AND5

(II) TO SUPPORT THE DEPARTMENT OF HEALTH AND6

MENTAL HYGIENE FOR THE PROVISION OF MENTAL HEALTH SERVICES TO THE7

UNINSURED UNDER TITLE 10, SUBTITLE 2 OF THE HEALTH GENERAL8

ARTICLE.9

(2) The Board shall maintain separate accounts within the Fund for10

the Senior Prescription Drug Assistance Program and the Maryland Health Insurance11

Plan.12

(3) Accounts within the Fund shall contain those moneys that are13

intended to support the operation of the Program for which the account is designated.14

Article Labor and Employment15

[10127.16

If the General Assembly repeals this subtitle, money in the Fund at the time of17

repeal shall be distributed:18

(1) as the General Assembly provides; or19

(2) if the General Assembly does not provide for distribution, as justice20

requires, with due regard for existing obligations for compensation.]21

10127.22

(A) THE STATE HAS NO INTEREST IN THE ASSETS OF THE FUND.23

(B) ALL REVENUES, MONEY, AND ASSETS OF THE FUND BELONG24

SOLELY TO THE FUND AND ARE HELD BY THE FUND IN TRUST FOR THE25


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POLICYHOLDERS, INJURED WORKERS AND THEIR FAMILIES, AND CREDITORS OF1

THE FUND.2

(C) THE STATE MAY NOT BORROW, APPROPRIATE, OR DIRECT3

PAYMENTS FROM THE REVENUES, MONEY, OR ASSETS OF THE FUND FOR ANY4

PURPOSE.5

(D) THE FUND MAY NOT BE DISSOLVED.6

Article State Finance and Procurement7

6226.8

(a) (2) (i) Notwithstanding any other provision of law, and unless9

inconsistent with a federal law, grant agreement, or other federal requirement or with10

the terms of a gift or settlement agreement, net interest on all State money allocated11

by the State Treasurer under this section to special funds or accounts, and otherwise12

entitled to receive interest earnings, as accounted for by the Comptroller, shall accrue13

to the General Fund of the State.14

(ii) The provisions of subparagraph (i) of this paragraph do not15

apply to the following funds:16

62. Veterans Trust Fund; [and]17

63. Transportation Trust Fund; AND18

64. MORTGAGE LOAN SERVICING PRACTICES19

SETTLEMENT FUND.20

7310.1.21

(A) ANY MONEY RECEIVED BY THE STATEOR OTHERWISE SUBJECT TO22

THE DIRECTION OR CONTROL OF A STATE OFFICIAL, AS A RESULT OF A23

SETTLEMENT, JUDGMENT, OR CONSENT DECREE MADE OR ENTERED INTO24

AFTER JANUARY 1,2012:25

(1) SHALL BE DEPOSITED IN THE STATE TREASURY; AND26


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(2) EXCEPT FOR FUNDS DESIGNATED AS RESTITUTION:1

(I) SHALL BE EXPENDED ONLY AS AUTHORIZED IN THE2

STATE BUDGET BILL AS ENACTED; AND3

(II) MAY BE TRANSFERREDBY BUDGET AMENDMENT.4

(B) IN NEGOTIATING ANY STATE PAYMENT UNDER ANY NATIONAL OR5

MULTISTATE SETTLEMENT, JUDGMENT, OR CONSENT DECREE, A STATE6

OFFICIAL MAY RECOMMEND RESTRICTIONS ON THE USE OF THAT STATE7

PAYMENT BUT SHALL ALSO REQUEST THAT THE SETTLEMENT, JUDGMENT, OR8

CONSENT DECREE ALSO PROVIDE THAT THE FUNDS MAY BE USED FOR ANY9

PUBLIC PURPOSE, TO THE EXTENT THAT DOING SO IS NOT INCONSISTENT WITH10

THE STATE OR ITS CITIZENS SECURING THE MAXIMUM BENEFIT FROM THE11

SETTLEMENT, JUDGMENT, OR CONSENT DECREE.12

7328.13

(A) THERE IS AMORTGAGE LOAN SERVICING PRACTICES SETTLEMENT14

FUND.15

(B) (1) THE FUND IS A CONTINUING, NONLAPSING FUND THAT IS NOT16

SUBJECT TO 7302 OF THIS SUBTITLE.17

(2) EXCEPT FOR RESTITUTION AND FUNDS DESIGNATED AS18

FINES, CIVIL PENALTIES, AND MONEY THAT ARE OTHERWISE REQUIRED UNDER19

MARYLAND LAW, A JUDGMENT, OR A SETTLEMENT AGREEMENT TO BE PAID20

INTO THE GENERAL FUND OF THE STATE, THERE SHALL BE CREDITED TO THE21

FUND ALL REVENUES CONSISTING OF FUNDS RECEIVED BY THE STATE FROM22

ANY SOURCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY JUDGMENT23

AGAINST OR SETTLEMENT WITH BANK MORTGAGE SERVICERS OR ANY OTHER24

PERSON IN THE MORTGAGE SERVICING INDUSTRY RELATING TO LITIGATION,25

ADMINISTRATIVE PROCEEDINGS, OR ANY OTHER CLAIMS MADE OR PROSECUTED26

BY THE STATE TO RECOVER DAMAGES FOR VIOLATIONS OF STATE LAW.27

(C) THE TREASURER SHALL:28


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(1) INVEST AND REINVEST THE FUND IN THE SAME MANNER AS1

OTHER STATE FUNDS; AND2

(2) CREDIT ANY INVESTMENT EARNINGS TO THE FUND.3

(D)

EXPENDITURES FROM THE FUND SHALL BE MADE BY AN4

APPROPRIATION IN THE ANNUAL STATE BUDGET OR MAY BE TRANSFERRED BY5

BUDGET AMENDMENT.6

(E) (1) THE FUND SHALL BE EXPENDED SUBJECT TO ANY7

RESTRICTIONS ON ITS USE OR OTHER LIMITATIONS ON ITS ALLOCATION THAT8

ARE:9

(I) EXPRESSLY PROVIDED BY STATUTE; OR10

(II) REQUIRED AS A CONDITION OF THE ACCEPTANCE OF11

FUNDS.12

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT13

DISBURSEMENTS FROM THE FUND TO PROGRAMS FUNDED BY THE STATE OR14

WITH FEDERAL FUNDS ADMINISTERED BY THE STATE SHALL BE USED AS15

PROVIDED IN THIS SECTION SOLELY TO SUPPLEMENT, AND NOT TO SUPPLANT,16

FUNDS OTHERWISE AVAILABLE FOR THE PROGRAMS UNDER FEDERAL OR STATE17

LAW.18

(F) (1) THE MORTGAGE LOAN SERVICING PRACTICES SETTLEMENT19

FUND SHALL BE USED FOR HOUSING AND FORECLOSURERELIEF PURPOSES20

AND FOR RELATED INVESTIGATION AND ENFORCEMENT ACTIVITIES,21

INCLUDING:22

(I) THE PROVISION OF HOUSING COUNSELING;23

(II)

LEGAL ASSISTANCE RELATED TO FORECLOSURE AND24

HOUSING ACTIVITIES;25

(III) CRIMINAL OR CIVIL INVESTIGATIONS OF FRAUD26

RELATED TO HOUSING AND THE SECURITIZATION OF MORTGAGE LOANS;27


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(IV) RELEVANT ENFORCEMENT ACTIVITIES;1

(V) FORECLOSURE PREVENTION, REMEDIATION, AND2

RESTITUTION;3

(VI)

PROGRAMS TO ADDRESS COMMUNITY BLIGHT;4

(VII) PROGRAMS REASONABLY TARGETED TO BENEFIT5

PERSONS HARMED BY MORTGAGE FRAUD; AND6

(VIII)ANY OTHER PUBLIC PURPOSE REASONABLY RELATED7

TO HOUSING AND FORECLOSURE RELIEF.8

(2) THE PROVISIONS OF THIS SUBSECTION MAY NOT BE9

CONSTRUED TO AFFECT THE GOVERNORS POWERS WITH RESPECT TO A10

REQUEST FOR AN APPROPRIATION IN THE ANNUAL BUDGET BILL.11

(G) FOR EACH PROGRAM, PROJECT, OR ACTIVITY UNDER SUBSECTION12

(F)(1) OF THIS SECTION FOR WHICH FUNDS ARE APPROPRIATED, THE13

GOVERNOR SHALL:14

(1) DEVELOP APPROPRIATE STATEMENTS OF VISION, MISSION,15

KEY GOALS, OBJECTIVES, AND PERFORMANCE INDICATORS AND REPORT THESE16

STATEMENTS IN A DISCRETE PART OF THE STATE BUDGET SUBMISSION, WHICH17

SHALL ALSO PROVIDE DATA FOR KEY PERFORMANCE INDICATORS; AND18

(2) ON OR BEFORE OCTOBER 1 OF EACH YEAR UNTIL 2016,19REPORT, SUBJECT TO21246 OF THE STATE GOVERNMENTARTICLE, TO THE20GENERALASSEMBLY ON:21

(I) TOTAL FUNDS EXPENDED, BY PROGRAM AND22

SUBDIVISION, IN THE PRIOR FISCAL YEAR FROM THE FUND ESTABLISHED23

UNDER THIS SECTION; AND24

(II) THE SPECIFIC OUTCOMES OR PUBLIC BENEFITS25

RESULTING FROM THAT EXPENDITURE.26

Article State Government27


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9117.1

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a2

licensed agent shall receive regular commissions of 5.5% of the licensed agents gross3

receipts from ticket sales.4

(ii) For fiscal years 2010 through [2012]2013 only, a licensed5

agent shall receive regular commissions of 5.0% of the licensed agents gross receipts6

from ticket sales.7

12203.8

[To]EXCEPT AS PROVIDED IN TITLE 5 OF THE EDUCATIONARTICLE, TO9

carry out this subtitle, the Governor shall include in the budget bill money that is10

adequate to satisfy a final judgment that, after the exhaustion of the rights of appeal,11

is rendered against the State or any of its officers or units.12

Article State Personnel and Pensions13

21125.14

(b) (1) On the basis of actuarial assumptions that the Board of Trustees15

adopts, each year the actuary shall make a valuation of the assets and liabilities of the16

funds of the several systems.17

(2) Each year the Board of Trustees shall certify to the Secretary of18

Budget and Management and to the Governor the rates of employer contributions.19

(3) For purposes of actuarial valuation, the Board of Trustees may20

adopt a generally accepted method for determining the value of the assets held by the21

several systems.22

(4) For general ledger accounting and financial reporting, the Board of23

Trustees shall use generally accepted accounting principles.24

21304.25


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

(2) WITH RESPECT TO LOCAL EMPLOYEES,AGGREGATE ANNUAL2

EARNABLE COMPENSATION MEANS THE TOTAL ANNUAL EARNABLE3

COMPENSATION PAYABLE BY A LOCAL EMPLOYER TO ALL OF ITS LOCAL4

EMPLOYEES, CALCULATED AS OF JUNE 30 OF THE SECOND PRIOR FISCAL YEAR5

BEFORE THE FISCAL YEAR FOR WHICH THE CALCULATION IS MADE UNDER THIS6

SECTION, ADJUSTED BYANY ACTUARIAL ASSUMED SALARY INCREASES THAT7

WERE USED IN THE ACTUARIAL VALUATION PREPARED UNDER 21125(B) OF8

THIS TITLE FOR THE IMMEDIATE PRIOR FISCAL YEAR.9

[(2)](3) Preliminary funding rate means the sum of:10

(i) the aggregate normal rate that is based on the normal11

contribution rate calculated under subsection (c) of this section; and12

(ii) the aggregate unfunded accrued liability contribution rate13

that is based on the unfunded accrued liability contribution rate under subsection14

(d)(1)(i) and (ii)1 and 2 and (2) of this section.15

[(3)](4) Funding ratio for the employees systems means the16

actuarial value of assets for the employees systems divided by the actuarial accrued17

liability for the employees systems.18

[(4)](5) Funding ratio for the teachers systems means the19

actuarial value of assets for the teachers systems divided by the actuarial accrued20

liability for the teachers systems.21

(6) LOCAL EMPLOYEE MEANS A MEMBER OF THE TEACHERS22

RETIREMENT SYSTEM OR THE TEACHERS PENSION SYSTEM WHO IS AN23

EMPLOYEE OF A DAY SCHOOL IN THE STATE UNDER THE AUTHORITY AND24

SUPERVISION OF A COUNTY BOARD OF EDUCATION OR THE BALTIMORE CITY25

BOARD OF SCHOOL COMMISSIONERS, EMPLOYED AS:26

(I) A CLERK;27

(II) A HELPING TEACHER;28


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(III) A PRINCIPAL;1

(IV) A SUPERINTENDENT;2

(V) A SUPERVISOR; OR3

(VI) A TEACHER.4

(7) LOCAL EMPLOYER MEANS A COUNTY BOARD OF EDUCATION5

OR THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS.6

[(5)](8) State member does not include a member on whose behalf7

a participating governmental unit is required to make an employer contribution under8

21305 or 21306 of this subtitle.9

(9) TOTAL EMPLOYER CONTRIBUTION FOR LOCAL EMPLOYEES10

MEANS THAT PORTION OF THE EMPLOYER CONTRIBUTION CALCULATED UNDER11

SUBSECTION (B) OF THIS SECTION THAT IS ATTRIBUTABLE TO ALL LOCAL12

EMPLOYEES.13

(b) (1) [Each] SUBJECT TO PARAGRAPHS (4) AND (5) OF THIS14

SUBSECTION, EACH fiscal year, on behalf of the State members of each State system,15

the State shall pay to the appropriate accumulation fund an amount equal to or16

greater than the sum of the amount, if any, required to be included in the budget bill17

under 3501(c)(2)(ii) of this article and the product of multiplying:18

(i) the aggregate annual earnable compensation of the State19

members of that State system; and20

(ii) 1. for State members of the Law Enforcement Officers21

Retirement System, State Police Retirement System, and the Judges Retirement22

System, the sum of the normal contribution rate and the accrued liability contribution23

rate, as determined under this section;24

2. for State members of the Employees Pension System,25

Employees Retirement System, Correctional Officers Retirement System, and26

Legislative Pension Plan, the employees systems contribution rate determined under27

subsection (e) of this section; or28


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3. for State members of the Teachers Pension System1

and Teachers Retirement System, the teachers systems contribution rate determined2

under subsection (f) of this section.3

(2) The amount determined under paragraph (1) of this subsection for4

each State system shall be based on an actuarial determination of the amounts that5

are required to preserve the integrity of the funds of the several systems using:6

(i) the entryage actuarial cost method; and7

(ii) actuarial assumptions adopted by the Board of Trustees.8

(3) For the purpose of making the determinations required under this9

section:10

(i) the Employees Retirement System, the Employees Pension11

System, the Correctional Officers Retirement System, and the Legislative Pension12

Plan shall be considered together as one State system; and13

(ii) the Teachers Retirement System and the Teachers Pension14

System shall be considered together as one State system.15

(4) (I) SUBJECT TO 21309.1 OF THIS SUBTITLE, BEGINNING16

ON JULY 1,2012 AND EACH FISCAL YEAR THEREAFTER, EACH LOCAL EMPLOYER17

SHALL PAY TO THE APPROPRIATE ACCUMULATION FUND AN AMOUNT EQUAL TO18

THE LOCAL SHARE OF THE TOTAL EMPLOYER CONTRIBUTION FOR LOCAL19

EMPLOYEES AS PROVIDED IN THIS PARAGRAPH.20

(II) FOR FISCAL YEARS 2013 THROUGH 2016, EACH LOCAL21

EMPLOYER SHALL PAY TO THE BOARD OF TRUSTEES ITS LOCAL SHARE, WHICH22

SHALL BE EQUAL TO THE FOLLOWING AMOUNTS:23

24

LOCAL

EMPLOYER

FISCAL

YEAR

2013

FISCAL

YEAR

2014

FISCAL

YEAR

2015

FISCAL

YEAR

2016

25

ALLEGANY 1,487,742 1,885,754 2,412,465 2,773,677

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27


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ANNEARUNDEL 11,493,684 14,568,567 18,637,716 21,428,297

BALTIMORE CITY 12,922,862 16,380,092 20,955,217 24,092,793

BALTIMORE 15,755,802 19,970,922 25,549,002 29,374,395

CALVERT 2,835,938 3,594,631 4,598,648 5,287,193

CAROLINE 793,934 1,006,334 1,287,413 1,480,175

CARROLL 4,005,782 5,077,441 6,495,621 7,468,196

CECIL 2,459,819 3,117,889 3,988,747 4,585,973

CHARLES 3,936,516 4,989,645 6,383,304 7,339,061

DORCHESTER 656,543 832,186 1,064,625 1,224,028

FREDERICK 5,893,461 7,470,128 9,556,610 10,987,499

GARRETT 664,714 842,544 1,077,874 1,239,262

HARFORD 5,529,741 7,009,102 8,966,815 10,309,396

HOWARD 9,821,066 12,448,477 15,925,463 18,309,945

KENT 366,147 464,102 593,730 682,628

MONTGOMERY 27,227,553 34,511,689 44,151,153 50,761,802

PRINCE GEORGES 19,554,579 24,785,979 31,708,954 36,456,662

QUEENANNES 1,105,527 1,401,286 1,792,679 2,061,093

ST.MARYS 2,485,697 3,150,691 4,030,711 4,634,220

SOMERSET 480,124 608,570 778,550 895,121

TALBOT 628,456 796,586 1,019,080 1,171,665

WASHINGTON 3,094,113 3,921,875 5,017,294 5,768,522

WICOMICO 2,173,593 2,755,091 3,524,616 4,052,348

WORCESTER 1,271,561 1,611,739 2,061,914 2,370,640

1

(III) BEGINNING IN FISCAL YEAR 2017, EACH LOCAL2

EMPLOYER SHALL PAY TO THE BOARD OF TRUSTEES ITS LOCAL SHARE EQUAL3

TO THE NORMAL CONTRIBUTION RATE FOR THE TEACHERS RETIREMENT4

SYSTEM AND THE TEACHERS PENSION SYSTEM MULTIPLIED BY THE5

AGGREGATE ANNUAL EARNABLE COMPENSATION OF THE LOCAL EMPLOYEES OF6

THAT LOCAL EMPLOYER.7

(5) THE DIFFERENCE BETWEEN THE TOTAL EMPLOYER8

CONTRIBUTION FOR LOCAL EMPLOYEES AND THE LOCAL SHARE OF THE TOTAL9

EMPLOYER CONTRIBUTION FOR ALL LOCAL EMPLOYEES SHALL BE THE10

OBLIGATION OF THE STATE.11

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(c) (1) As part of each actuarial valuation, the actuary shall determine1

the normal contributions, net of member contributions, on account of the State2

members of each State system.3

(2) For each State system, the normal contribution rate equals the4

fraction that has:5

(i) as its numerator, the sum of the normal contributions6

determined under this subsection; and7

(ii) as its denominator, the aggregate annual earnable8

compensation of the State members of the State system.9

21308.10

(a) (1) On or before December 1 of each year, the Board of Trustees shall:11

(i) certify to the Governor and the Secretary of Budget and12

Management the rates to be used to determine the amounts to be paid by the State to13

the accumulation fund of each of the several systems during the next fiscal year,14

INCLUDING A SEPARATE CERTIFICATION OF THE NORMAL CONTRIBUTION RATE15

FOR THE TEACHERS RETIREMENT SYSTEM AND THE TEACHERS PENSION16

SYSTEM; and17

(ii) provide to the Secretary of Budget and Management a18

statement of the total amount to be paid BY THE STATE AS DETERMINED UNDER 19

21304 OF THIS SUBTITLE to the Teachers Retirement System and the Teachers20

Pension System expressed as a percentage of the payroll of all members of those State21

systems.22

21309.1.23

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE24

MEANINGS INDICATED.25

(2) LOCAL EMPLOYEE HAS THE MEANING STATED IN 2130426

OF THIS SUBTITLE.27


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(3) LOCAL EMPLOYER HAS THE MEANING STATED IN 213041

OF THIS SUBTITLE.2

(B) ON OR BEFORE DECEMBER 1 OF EACH YEAR, THE BOARD OF3

TRUSTEES SHALL DETERMINE AND CERTIFY THE AMOUNTS PAYABLE BY EACH4

LOCAL EMPLOYER UNDER 21304(B)(4) OF THIS SUBTITLE FOR THE NEXT5

FISCAL YEAR.6

(C) ON OR BEFORE OCTOBER 1,JANUARY 1,APRIL 1, AND JUNE 1 OF7

EACH FISCAL YEAR, EACH LOCAL EMPLOYER SHALL PAY TO THE BOARD OF8

TRUSTEES 25% OF THE AMOUNT OF THE CHARGES CERTIFIED TO THE LOCAL9

EMPLOYER BY THE BOARD OF TRUSTEES UNDER SUBSECTION (B) OF THIS10

SECTION.11

(D) (1) THE SECRETARY OF THE BOARD OF TRUSTEES MAY ALLOW A12

GRACE PERIOD NOT TO EXCEED 10 CALENDAR DAYS FOR PAYMENT OF THE13

AMOUNTS CERTIFIED UNDER THIS SECTION.14

(2) IF A LOCAL EMPLOYER DOES NOT PAY THE AMOUNTS15

REQUIRED UNDER THIS SECTION WITHIN THE TIME REQUIRED, ON16

NOTIFICATION BY THE SECRETARY OF THE BOARD OF TRUSTEES THAT A17

DELINQUENCY EXISTS, THE STATE COMPTROLLER IMMEDIATELY:18

(I) SHALL WITHHOLD THE DELINQUENT AMOUNTS,19

INCLUDING INTEREST ON THE DELINQUENT AMOUNTS AT A RATE OF 7.75% A20

YEAR, FROM ANY INSTALLMENT DUE THE LOCAL EMPLOYER FROM THE21

GENERAL STATE SCHOOL FUND; AND22

(II) SHALL PAY TO THE BOARD OF TRUSTEES THE23

DELINQUENT AMOUNTS, INCLUDING INTEREST, WITHHELD UNDER THIS24

PARAGRAPH.25

(E) ON RECEIPT OF THE PAYMENTS FROM EACH LOCAL EMPLOYER OR26

THE STATE COMPTROLLER, THE BOARD OF TRUSTEES SHALL CREDIT THESE27

AMOUNTS TO THE ACCUMULATION FUND OF THE APPROPRIATE STATE SYSTEM.28

Article Tax General29


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2608.1

[(c) For each of fiscal years 2013 through 2022, inclusive:2

(1) the Comptroller shall distribute $36,677,863 of the remaining3

income tax revenue from individuals to the local reserve account established to comply4

with 2606 of this subtitle; and5

(2) the total amount distributed to the counties for each fiscal year6

under subsection (a) of this section shall be reduced by $36,677,863.7

(d) The Comptroller shall adjust the amount distributed under subsection (a)8

of this section to a county to allow for a proportionate part of the reduction made9

under subsection (c) of this section.10

(e) To determine the pro rata share for a county under subsection (d) of this11

section, the Comptroller shall compute the amount equal to the product of multiplying12

$36,677,863 by a fraction:13

(1) the numerator of which is the amount of county income tax from14

individuals collected and attributable to residents of the county, calculated using tax15

returns filed with the Comptroller for the most recent preceding tax year; and16

(2) the denominator of which is the total amount of county income17

taxes collected from individuals, calculated using tax returns filed with the18

Comptroller for the most recent preceding tax year.19

(f) The pro rata share calculated under subsection (e) of this section shall be20

used for the quarterly distributions of local income tax revenue beginning in21

November and ending in August.]22

21104.23

(b) For each fiscal year beginning on or before July 1, 2015, instead of the24

distribution required under subsection (a)(1) of this section, the Comptroller shall25

distribute 2.3% of the remaining motor fuel tax revenue as follows:26

(1) to the General Fund of the State:27


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(i) $5,000,000 for each fiscal year beginning on or before July 1,1

[2014]2011;[and]2

(II) $5,000,000 FOR EACH OF THE FISCAL YEARS3

BEGINNING JULY 1,2012,JULY 1,2013, ANDJULY 1,2014; AND4

[(ii)](III) $4,624,687 for the fiscal year beginning July 1, 2015;5

[and]6

(2) $8,000,000 TO THE BUDGET RESTORATION FUND FOR THE7

FISCAL YEAR BEGINNING JULY 1,2012; AND8

[(2)](3) the balance to the Chesapeake Bay 2010 Trust Fund.9

Article Transportation10

4321.11

(e) The Governor shall transfer to the Authority for the Intercounty12

Connector:13

(1) From the Transportation Trust Fund, at least $30,000,000 each14

year for fiscal years 2007 through 2010;15

(2) From the General Fund or general obligation bonds, an aggregate16

appropriation by fiscal year [2013]2014 equal to $264,913,000, as follows:17

(i) $53,000,000 for fiscal year 2007;18

(ii) $55,000,000 for fiscal year 2010;19

(iii) At least $80,000,000 for fiscal year 2011; and20

(iv) The remaining balance for fiscal year 2012 [or], fiscal year21

2013, OR FISCAL YEAR 2014; and22


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(3) At least $10,000,000 federal aid from any source in amounts as1

deemed prudent.2

5415.3

(A) IN THIS SECTION,FIRE RESCUE SERVICE MEANS THE MARYLAND4

AVIATIONADMINISTRATION FIRE RESCUE SERVICE.5

(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE FIRE RESCUE6

SERVICE SHALL CHARGE AN AMBULANCE TRANSPORT FEE SET IN REGULATIONS7

ADOPTED UNDER SUBSECTION (D) OF THIS SECTION TO AN INDIVIDUAL IF THE8

FIRE RESCUE SERVICE TRANSPORTS THE INDIVIDUAL TO A HOSPITAL FROM9

PROPERTY OWNED BY THE ADMINISTRATION OR PROPERTY SUBJECT TO A10

MUTUAL AID AGREEMENT TO WHICH THEADMINISTRATION IS A PARTY.11

(C) (1) THE FIRE RESCUE SERVICE MAY NOT:12

(I) QUESTION AN INDIVIDUAL ABOUT ABILITY TO PAY THE13

AMBULANCE TRANSPORT FEE AT THE TIME THAT AMBULANCE14

TRANSPORTATION IS REQUESTED OR PROVIDED; OR15

(II) FAIL TO PROVIDE AMBULANCE TRANSPORTATION AND16

EMERGENCY MEDICAL SERVICES BECAUSE OF AN INDIVIDUALS ACTUAL OR17

PERCEIVED INABILITY TO PAY THE AMBULANCE TRANSPORT FEE.18

(2) THE ADMINISTRATION MAY PROCURE THE SERVICES OF A19

THIRD PARTY BILLING COMPANY TO ADMINISTER ITS AMBULANCE TRANSPORT20

FEE PROGRAM.21

(D) THEADMINISTRATION SHALL ADOPT REGULATIONS TO:22

(1) SET THE AMBULANCE TRANSPORT FEE; AND23

(2) ADMINISTER THE COLLECTION OF THE AMBULANCE24

TRANSPORT FEE, INCLUDING REGULATIONS GOVERNING:25

(I) AWAIVER OF THE AMBULANCE TRANSPORT FEE IN THE26

EVENT OF FINANCIAL HARDSHIP;27


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(II) THE ACCEPTANCE OF REDUCED PAYMENTS BY1

COMMERCIAL INSURERS AND OTHER THIRDPARTY PAYORS, INCLUDING2

MEDICARE AND MEDICAID; AND3

(III) A REQUIREMENT THAT EACH INDIVIDUAL RECEIVING4

AN AMBULANCE TRANSPORT PROVIDE FINANCIAL INFORMATION, INCLUDING5

THE INDIVIDUALS INSURANCE COVERAGE, AND ASSIGN INSURANCE BENEFITS6

TO THEADMINISTRATION.7

(E) THE ADMINISTRATION SHALL DEPOSIT THE FEES COLLECTED8

UNDER THIS SECTION IN THE TRANSPORTATION TRUST FUND.9

12118.10

(e) (2) The balance of the money in the special fund shall be distributed to11

the [Transportation Trust Fund established under 3216 of this article]12

DEPARTMENT OF STATE POLICE TO FUND ROADSIDE ENFORCEMENT13

ACTIVITIES.14

Chapter 193 of the Acts of 200515

SECTION 2. AND BE IT FURTHER ENACTED, That:16

(a) Prior to making any adjustments to capitation payments for a managed17

care organization, the Secretary of Health and Mental Hygiene, in consultation with18

the Maryland Insurance Commissioner, shall adopt regulations to implement the19

provisions of 15605(c)(5) of the Insurance Article.20

(b) The regulations adopted under subsection (a) of this section shall:21

(1) establish the definition of loss ratio for uniform application by all22

managed care organizations;23

(2) establish procedures requiring the Secretary of Health and Mental24

Hygiene to consider the financial performance of a managed care organization in prior25

periods;26


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(3) establish standard data collection and reporting requirements for1

all managed care organizations;2

(4) consistent with the provisions of 15605(c)(5) of the Insurance3

Article, establish a process for allowing a managed care organization to appeal a4

decision of the Secretary of Health and Mental Hygiene to adjust a managed care5

organizations capitation payments; and6

(5) establish a mechanism for, and conditions under which, an7

adjustment to the capitation rates of a managed care organization are made.8

(c) The Secretary of Health and Mental Hygiene shall adopt any additional9

regulations necessary to carry out the provisions of 15605(c)(5) of the Insurance10

Article and the goals of the Health Choice Program.11

(D) ANY REGULATIONS ADOPTED BY THE SECRETARY OF HEALTH AND12

MENTAL HYGIENE THAT ADJUST CAPITATED PAYMENTS TO MANAGED CARE13

ORGANIZATIONS IF THE MEDICAL LOSS RATIO OF A MANAGED CARE14

ORGANIZATION IS LESS THAN 85% MAY NOT APPLY TO A CALENDAR YEAR15

PRECEDING THE CALENDAR YEAR IN WHICH THE REGULATIONS ARE ADOPTED.16

SECTION 3. AND BE IT FURTHER ENACTED, That, as part of the ongoing17

efforts of the Department of Health and Mental Hygiene to ensure that managed care18

organizations deliver quality health care to their members, the Department may19

modify, enhance, or replace the Value Based Purchasing Initiative in effect on January20

1, 2005, provided that:21

(1) except as provided in [item (4)] ITEMS (4) AND (5) of this section,22

any changes to the core set of performance measures and the methodology for23

penalties, rewards, disincentives, or incentives shall be adopted by regulation prior to24

the calendar year for which the managed care organizations will be held accountable25

for compliance with the performance measures;26

(2) except as provided in item (4) of this section, the Secretary of27

Health and Mental Hygiene shall notify managed care organizations of the core set of28

performance measures and targets at least 3 months prior to the calendar year for29

which the managed care organizations will be held accountable for compliance with30

the performance measures;31


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(3) any penalty or capitation adjustment imposed under this section1

on a managed care organizatio

maryland senate budget bill - 2012 special session

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