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f t"PRI NT ~o HOUSE BILL 102 COMMITTEE REPRINT

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By: The Speaker (By Request - Administration) Introduced and 1·ead first time: January 16, 2013 Assigned to: Appropriations

A BILL ENTITLED

1 AN ACT concerning

2 Budget Reconciliation and Financing Act of 2013

3lr0137 CF SB 127

3 FOR the purpose of altering the frequency with which certain payments from a certain 4 special fund are 1·equired to be paid; requiring the reduction of certain grants 5 and payments under certain circumstances; 1·epoaling eol'tai& 1·oqw·0m0ntio fop 6 a oel'tain netioo 1·olating te ahandenod prepo1·ty te be pttbliohod itt @ol'taift 7 nowepapol'e; requiring tao Gomptreller to maintain; or eauoe to be maifttained., 8 aR abaneloaea fll'ep01·t!Y fla1;ahaee eoMotaining t&e aamee and last kn0~•itR 9 a€ld.reoooo, if any, ef pel'oene hated. iR 001·tain l'epel'to; rof{ttiriRg tho Gompt;reile11

10 t0 maintain, er oa:rel0e t0 be maintaine!l, a oertaiR Internet '\¥eh site 1·elating t0 (i\ 11 @ft()uabanaoaea flHflOl'ty: €latabaee1 110~uifing @he Gompil'@ll0llzat0 fF&@lieh. oortaiR ~ 12 Detioee of a 00rtmi:t1 lnter11et W:eb oite: providing that a certain District Cour·t 13 surcharge shall be added to fines imposed for certain traffic cases and not to 14 court costs: requiring a certain arrest - citation form to include a line to add a 15 certain surcharge: reguii·ing a police officer to add a certain surcharge to a 16 certain fine on a certain traffic citation: requiring the Comptroller to annually 17 pay a certain surcharge in a certain manner: altering certain circumstances 18 under which a county board of education is required to reimburse the 19 Department of Juvenile Services; altering or repealing certain required 20 appropriations; providing for the applicability of certain provisions of law 21 1·elating to a statewide information technology master plan to certain projects 22 that involve certain agreements with certain public institutions of higher 23 education: repealing the requirement that certain licensed veterans' 24 organizations purchase or lease certain instant ticket lottery machines from the 25 State Lottery and Gaming Control Agency: altering the distribution of certain 26 revenue; providing for the transfer of certain funds for certain purposes; 27 repealing certain reporting requirements: providing for the expiration of certain 28 tax credits under certain circumstances; requiring the Director of the Maryland

EXPLANATION: CAPITALS I NDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. S1i¥:i:lio o\l4i indicates matter stricken from the bill by amendment or deleted from the law by amendment.

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Historical Trust to notify certain persons and, on or before a certain date, to submit a certain report to the Comptroller: reJ;Jealiag eertaiB ero!l:ita &lleweei aga!M:ot eortaiB tanoo :fer tho JllU'GAaoo of Mat·ylaml mineci Goal; setting certain limits in increases in payments to certain providers for a certain fiscal year; requiring the Department of Health and Mental Hygiene to achieve certain savings from certain rates; requiring the Health Services Cost Review Commission to conduct a ce1'tain study in a certain manner; requiring the Medicaid Program to provide certain information under certain circumstances; providing certain criteria for a certain study; requiring that a certain report be provided to the Governor and General Assembly on or before a certain date; requiring that the Commission take certain actions to provide certain General Fund savings; restricting the use of certain appropriations for a certain fiscal year: requiring the reversion to the General Fund of certain funding under certain circumstances: defining certain terms; making a technical correction: making conforming changes; making the provisions of this Act severable; and generally relating to the financing of State and local government.

17 BY repealing and reenacting, with amendments, 18 Article - Business Regulation 19 Section ll-404(a) and 11- 404.1 20 Annotated Code of Maryland 21 (2010 Replacement Volume and 2012 Supplement)

22 BY rep oalmg 23 Aftielo Commol!e:i:al Law 24 &e@beD 17 elll(e.), EB), att!l (e) 25 f.JE1u1otatod Godo of Maryland 26 (200§ RoJ;Jlaeomeftt Volttmo ami 2012 St1trploment)

27 EY atill\SBg to 28 :Aazt;j_olo Commercial Lav, 29 £00tioft 17 31l(a), ~), and (e) 30 ABBetated Code of Maitylaml 31 (20011i Replaeomost Yebmo ase. 3012 Sti13J3lomoM)

32 BY repealing and reenacting, with amendments, 33 Article - Courts and Judicial Proceedings 34 Section 1- 605(d)(8) and 7- 301(a)(l) and (:Q 35 Annotated Code of Maryland 36 (2006 Replacement Volume and 2012 Supplement)

37 BY repealing and reenacting, with amendments, 38 .Ai·ticle - Economic Development 39 Section 4-801(£) 40 Annotated Code of Maryland 41 (2008 Volume and 2012 Supplement)

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1 BY repealing and reenacting, with amendments, 2 Article - Education 3 Section 22- 306.l(b) 4 Annotated Code of Maryland 5 (2008 Replacement Volume and 2012 Supplement)

6 BY repealing and reenacting, with amendments, 7 Article - Natural Resources 8 Section 5- 903(a)(2)(v) 9 Annotated Code of Maryland

10 (2012 Replacement Volume)

11 BY repealing and reenacting. with amendments, 12 Article - State Finance and Procurement 13 Section 3A-302 14 Annotated Code of Maryland 15 (2009 Replacement Volume and 2012 Supplement) © 16 BY repealing and reenacting, with amendments, 17 .Al:ticle - State Government 18 Section 9-112(d)(4) 19 Annotated Code of Maryland 20 (2009 Replacement Volume and 2012 Supplement)

21 BY repealing and reenacting, with amendments, 22 Article - Tax - General 23 Section 2-202(a) and 2-606(e) 24 Annotated Code of Maryland 25 (2010 Replacement Volume and 2012 Supplement)

26 BY adding to 27 Article - Tax - General 28 Section 2- 606(g) 29 Annotated Code of Maryland 30 (2010 Replacement Volume and 2012 Supplement)

31 BY repealing and reenacting, with amendments, 32 Ar·ticle - Tax - Property 33 Section 13-209(g)(l) 34 Annotated Code of Maryland 35 (2012 Replacement Volume)

36 BY adding to 37 Article - Tax - Property 38 Section 13- 209(h) 39 Annotated Code of Maryland 40 (2010 Replacement Volume and 2012 Supplement)

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1 ~¥ l'OJ) o a.ling 2 hti@lo ':Van G OB:OMH!

3 Soet;ion 8 4Q(>~~ ernfi lQ 701.1 4 ~oiiatoe: Gallo ef Marylanri 5 (2Q10 Ropla@omont; Vol\\mo and 3@-14-&"f)plemoat, 0 6 BY adding to 7 Article -Transportation 8 Section 27- 101.3 9 Annotated Code of Maryland

10 (2012 Replacement Volume)

11 BY repealing and reenacting. with amendments, 12 Chapter 76 of the Acts of the General Assembly of 2004 13 Section 2 l.{h)

14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 15 MARYLAND, That the Laws of Maryland read as follows:

16 Article - Business Regulation

17 11- 404.

18 (a) (1) To help pay for facilities and services in communities within 2 19 miles of the Pimlico Race Course or 3 miles of the Laurel Race Com·se, the Comptroller 20 shall pay money to Baltimore City, the City of Laurel, and Anne Arundel and Howard 21 counties in accordance with this section.

22 (2) The money shall be paid from the Special Fund in [half- yearly 23 inst allments] AN ANNUAL GRANT.

24 11-404.1.

25 (A) IF IN ANY FISCAL YEAR REVENUES TO THE SPECIAL FUND 26 ESTABLISHED UNDER§ 11- 402 OF THIS SUBTITLE ARE INSUFFICIENT TO FULLY 27 FUND ALL GRANTS REQUIRED UNDER§§ 11- 403 AND 11- 404 OF THIS SUBTITLE, 28 THE COMPTROLLER SHALL PROPORTIONALLY REDUCE THE AMOUNT OF 29 PAYMENTS REQUIRED UNDER §§ ll-403(A)(2) AND (4), ll-403(B)(2), AND 30 11-404 OF THIS SUBTITLE.

31 (B) [After all] IF IN ANY FISCAL YEAR REVENUES TO THE SPECIAL FUND 32 ESTABLISHED UNDER§ 11- 402 OF THIS SUBTITLE ARE SUFFICIENT TO FULLY 33 FUND ALL GRANTS REQUIRED UNDER§§ 11- 403 AND 11- 404 OF THIS SUBTITLE, 34 AFTER ALL REQUIRED deductions from the Special Fund [as required under §§

HOUSE BILL 102 5

1 11-403 and 11- 404 of this subtitle] are made, the Comptroller shall pay from the 2 Special Fund an annual grant of:

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(1) $300,000 to be allocated in the following way:

(i) 70% to the Maryland-Bred Race Fund; and

5 (ii) 30% to the Maryland Standardbred Race Fund, to be divided 6 equally between the Sire Stakes Program and the Foaled Stakes Program; and

7 (2) $260,000 to the Maryland Agricultural Education and Rural 8 Development Assistance Fund established under § 2-206 of the State Finance and 9 Procurement Article, with $130,000 to be allocated to support the operations of the

10 Rural Maryland Council.

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1'\t.'ti@le

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Within 3Ga flayo frem tho filing ef tho ropert 11oerttit1od by § 17 aW ef thio elHlti6lo, tho Lelmini0t1iator ehaH eauoo nettso 1m \10 pubboh.oel in a newspaper ef 1;ene11&1 oiroulabo1rin the @0ttBti3/ ift<"-ifte State ,vitrun 7tMOft ie looa1;od 1iho laot known add11eee of any peroen to be named in the notice.

~ if an 8:B:ffl'ees ie not listed frn if :t;@e aeldl'ess is e:w:tside the State, 1ihe netiee shall he puliohed in the county within: v,hioh the flereen who helri the abanelaaesl prof)ert:y »ao tfte prmeipal plaee af@ttomeoo in: true State.]

W l:N 'iPHIS SEO':PIOP.t, "J\BANDONEI:> P.ROP:ElRJFY IJitd\1'rlli''1SE" MEANS lrN ELECTRONlC Dt":.1T.ABASE CONTi\HlING THE Nl,:l\lES lxND 1::.AS4' lQofOWN ABDRESSES, IF ANY, OF PERSONS lNIIO APPEls.R TO BE 0\1/'NERS OF h8-ANDONED PROPERTY.

~ T»o flttbhohoa ,rntieo shall be entitled "]'ifoti@o ef ~James ef Porsone ~f}oaring-to Bo Owao1·e of.Afianaonoa Propo1·ty" and ohaU mrntain:

fl-) The :n:ames in 8:if!l½aheboal 01·1io1• a~li last kaewn a0:€l11000os, if cut5", ef po1·aena liotofl in tho ro:pert and ont itlea to noboe itt the oe~M:t,.r,-apMIDod in this ~liT

~ lx statement t»at info1·mation eoneo11ning the ame~t 011 80oe1·iption ~~ty ana the-name an€! afi,i->:eoo ef t&o :peroon w&e hohi t»o 1:rnoporliy may ho eetainea b:y any Jlero@B who pesseosee at1 iBtorost ie: tee fJHfJo1·ty;, '@y addreoeing an ineft4iry to tho hamiaiot1-ator; and

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fx statement that a flHef ef oiatm may @e 19reoe!ltoa by tho @\vno1· t@ the /'.fdmililiotl'at01-.]

~ ~ THE .t\Dl\HNISTBATOB Slk"d:.ls 1\L"ilNTirY:N, on CAUSE TO BE ® 1\Y.dN'l'AINED, 1~T 1\BMTDO:NE:Q PBOPER'i'Y iQ,ATi\ihtiSE, 2

.l.!ll. lVJTIIIN 360 DAYS AFTER THE Fil.ING OF l.. REPOR'l' REQUIRED ~ h A rure!mn • l"l'lOR, SIW..ls\BD TO THE r § 17 319 OF 'l'IIIS SUBTlf:PlsE, 1PHE 1Y>M:2n 107nn7 v · ~ •

:2'\Joa>O;t,HBD PROPERTY Bit1T1:\:B/1SE CJ;llH3 NAl\!113S Jil'li9 lsliSCJ;l IC:NQ1AtllJ i1:iQQRESSES, IF ANY, OF PERSffNS,-1,IST.HQ IN CJ;lllE REPORCJ;l.

~ THE .. '\Dl\HNISTRA'l'OR S • II \l,l:, MAINT.AIN, OR GAUSE If€) BE l\WN'P:AUHBD, AN INTER;t,HBT WEB SITE TII!...'P:

~ PROI,qDES B&:\rSON.\.1U,E l\ffiMlS BY W:JHOII A PERS01:

!:I!:J.Z: D t 'Il \II " SF:l REAl:HBEB B¥ @H ROH THE AeBMJBOP.JEB PROPER¥¾ Pihl l.i "t l\lAY SEA

S:WBSEOTION~

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~"HY ~ERSON '1¥110 P0SSESSES AN INffEREST IN TIHB PROPERffY, B¥ it\:BI;>RESSING !J:N UlQUIR¥ TO THE .t\DMINIS'PRl .. 'POR;

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~ C@l'J?rMNS A S'PPf.FEMEnT THM A PBOOF OF GJsMMMAr¥ ~E P~SENIPilD B¥ 'l'HB 91i¥~JilM@ 'FH-E Ml\H-~HS'P:RaW&R~

INGl:.UDES A 1:.INK 'l'O AN ABANBONEI> PROPER'l'Y Cl.AIM FORM.

f;l_;hs A dmm:iotl'ater is n0t l'BitttireH: ta :rni'li1li0h itt 1ihe n~tio~ any its~ vahto<il~ looo th~~ $1QQ ttnloss the l'.1:€iminiot1·at@l' eanoi€l.e1·s the pttbl1eat10n te ho m. the ptt@lie iatel:!est,]

THE ABMINISTRA'l'OR SHAI..I:. PUBl:.ISH NOTIGE OF HIE

~ THE NO'l'IGE SIIAl:.I:.;

S,~ o~.oE E ,. QH Ci\LENI>AB ~ l¾E PWB1"51SHE9 Hf l5E:An o:eim OR MORE ;t,tEWSPAHBS OF €E~JEQM. €1RO\:JJsNPION IN EACH QU.<\.R'FER IN 1

OOU:N'PY OF 'PIIE S'R\'l'E; AND

HOUSE BILL 102 7

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fJ. STlJc'I'EMENT THAT THE IM)M[NISTR:ATOB l\MINTAINS RECORDS OF THE )f:AMES ~ ~cp, JiN@;W,f 1~SSES, IF l.tNY, OF

4 ~ .. A;. ST/:.tTEMENT TlllA' A~fY PERSON M/:.tY SEAR0H 5 'FHE .. '\DMINISTRATOR'S klk\)iDONED P~TY RiiGO~S THRO:WGH TUB 6 .. '\DMINIS'FR/:zTOB'S lNTER)mT J.llEB SltJ?E; 1\NB

7 THE ABDRESS OF THE INTERNET \I/EB SITE.

8 Article - Courts and Judicial Proceedings

9 1- 605.

10 @ In addition to the powers and duties granted and imposed in subsections 11 (a). (b), and (c) of this section. or elsewhere by law or rule. the Chief Judge of the 12 District Court shall:

13 .(fil After consultation with police administrators and the Motor 14 Vehicle Administrator. design arrest - citation forms that shall (be]:

15 fil BE used by all law enforcement agencies in the State when 16 ch a1·ging a person with a criminal, civil. or traffic offense. except for:

17 Violations by juveniles listed in § 3- 8A- 33(a) of this 18 article:

(f)

19 .IiliU 2. Violations of parking ordinances or regulations 20 adopted under Title 26. Subtitle 3 of the Transportation Article: and @ 21 Iiliill. 3. Other violations as expressly provided by law: AND

22 fil}_ INCLUDE A LINE ON WHICH TO ADD THE $7.50 23 SURCHARGE ASSESSED UNDER§ 27-101.3 OF THE TRANSPORTATION ARTICLE;

24 7- 301.

25 .(ru ill Except as provided in paragxaphs (2) and (3) of this subsection. the 26 coui't costs in a traffic case. including parking and impounding cases. cases under § 27 21-202.1. § 21-809. § 21-810. or § 24-111.3 of the Transportation Article in which 28 costs are imposed. and cases under § 10- 112 of the Criminal Law Article in which 29 costs are imposed:

30 fil Are $22.50 (plus the surcharge under subsection (f) of this 31 section]: and

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(ii) Shall also be applicable to those cases in which the defendant elects to waive the defendant's right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative r egulation.

ffi ill This subsection does not apply to a traffic case under§ 21- 202.1, § 21-809. or§ 21- 810 of the Transportation Article or to a parking or impounding case.

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{fil In a traffic case under subsection (a)(l) of this section the court shall a dd a $7.50 surcharge to [the court costs] ANY FINE imposed by the coui't. ®

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.(fil fil The Comptroller annually shall credit the sm charges collected under this subsection as provided in this paragraph.

(ii) An amount annually as set forth in the State budget shall be distributed for the Charles W. Riley Fire and Emergency Medical Services Tuition Reimbursement Program as established in § 18- 603 of the Education Article.

(iii) After the distribution under subparagraph (ii) of this paragraph. $200,000 shall be distributed to the Maryland State Firemen's Association.

(iv) After the distribution under subparagraphs (ii) and (iii) of t his paragraph and until a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund since the establishment of the surcharge under this subsection, the remainder shall be credited to the Volunteer Company Assistance Fund to be used in accordance with the provisions of Title 8. Subtitle 2 of the Public Safety Article.

.(y). After a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund, 100% of the remainder shall be credited to the Maryland Emergency Medical [Systems Ope1·ation] SYSTEM OPERATIONS Fund established under§ 13-955 of the T1·ansportation Article.

(vi) On or befo1·e September 1 of each year until $20,000,000 has been distributed to the Volunteer Company Assistance Fund, the State Court Administrator shall submit a report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2-1246 of the State Govexnment Article, on the amount of revenue distributed to the Volunteer Company Assistance Fund under this paragraph .

Article - Economic Development

33 4-801.

34 ffi The Fund consists of[:

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HOUSE BILL 102 9

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ill revenue distributed to the Fund under§ 2-202(a)(l)(ii) of the Tax­General Ai·ticle: and

3 {2)1 any [other) money from any [other] source accepted for the benefit 4 of the Fund.

5 Article - Education

6 22-306.1.

7 (b) A county board shall reimburse the Department of Juvenile Services the 8 amount of the basic cost calculated under subsection (a) of this section for each child 9 who was domiciled in the county prior to the placement if the child:

10 (1) Is (committed to the Department of Juvenile Services and is] in a 11 (program at a] facility or a residential facility;

12 (2) Is [not] in detention [or awaiting placement after disposition] FOR 13 15 CONSECUTIVE DAYS OR MORE;

14 (3) Does not meet the criteria for shared State and local payment of 15 educational cost s as provided in §§ 8-406 and 8-415 of this article; and

16 (4) Was included in the full- time equivalent enrollment of the county 17 as calculated under § 5-202 of this article.

18 Article - Natural Resources

19 5-903.

20 (a) (2) (v) For each of fiscal years 2010 through [2013] 2015, 21 $1,217,000 of the State's share of funds available under subparagr aph (i)lA of this 22 paragraph may be appropriated in the budgets of the Department, the Department of 23 General Se1·vices, and the Department of Planning for expenses necessary to 24 administer this Program.

25 Article - State Finance and Procurement

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3A- 302.

w This subtitle does not apply to ch anges relating to or the purchase. lease. or rental of information technology by:

29 ill public institutions of higher education solely for academic or 30 research purposes:

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ill the Maryland Port Administration :

ill the University System of Maryland;

ill St. Mary's College of Maryland: or

{fil Morgan State Univer sity.

1fil EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THIS SUBTITLE APPLIES TO ANY PROJECT OF A UNIT OF THE EXECUTIVE BRANCH OF ts' STATE GOVERNMENT THAT INVOLVES AN AGREEMENT WITH A PUBLIC \2/ INSTITUTION OF HIGHER EDUCATION FOR A PORTION OF THE DEVELOPMENT OF THE PROJECT, WHETHER THE WORK ON THE DEVELOPMENT IS DONE DIRECTLY

10 OR INDIRECTLY BY THE PUBLIC INSTITUTION OF HIGHER EDUCATION.

11 lChll fil Notwithst anding any other provision of law, except as provided in 12 subsection (a) of this section and§§ 3A- 307(a)(2), 3A- 308, and 3A- 309 of this subtitle, 13 this subtitle applies to all units of the Executive Branch of State gove1·nment including 14 public institutions of higher education other than Morgan State University, the 15 University System of Maryland, a nd St. Mary's College of Maryland.

16 Article - State Government

17 9- 112.

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@ ill fil Subject to subparagraph (ii) of this paragraph, a veterans' mganization issued a license under this subsection shall purchase or lease [from the Agency) the instant ticket lottery machines to be used by the veterans' organization. @

(ii) An organization may not use receipts from the sale of tickets from instant ticket lottery machines t hat would otherwise be credited to the State Lottery Fund for the costs of purchasing or leasing instant ticket lottery machines.

25 Article - Tax - General

26 2-202.

27 (a) After m aking the distribution required under § 2- 201 of this subtitle, 28 within 20 days afte1· the end of each quarter , the Comptroller shall distribute:

29 (1) except as provided in subsection (b) of this section, from the 30 revenue from the State admissions and amusement tax on electronic bingo and 31 electronic tip jars under§ 4-102(e) of this article[:

32 (i)], the revenue attributable t o a tax r ate of [20%] 25% to the 33 General Fund of the State; and

HOUSE BILL 102 11

1 [(ii) the revenue attributable t o a t ax r ate of 5% to the Special 2 Fund for Preservation of Cultural Al·ts in Maryland, as provided in § 4-801 of the 3 Economic Development Article; and]

4 (2) the remaining admissions and amusement tax revenue:

5 (i) to the Maryland Stadium Autho1·ity, county, or municipal 6 corporation that is the source of the revenue; or

7 (ii) if the Maryland Stadium Authority and also a county or 8 municipal corporation tax a reduced charge or free admission:

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80% of that revenue to the Authority; and

20% to the county or municipal corporation.

12 (e) ((1)) On or before June 30, 2010, the Comptroller shall distribute 13 $350,000,000 from the Local Reserve Account established to comply with this section 14 to the Education Trust Fund established under § 9- lA-30 of the State Government 15 Article.

16 [(2) In each of fiscal yeai·s 2014 through 2020, the State shall p ay to 17 the Local Reserve Account $50,000,000 to repay the $350,000,000 transfer to the 18 Education Trust Fund authorized under paragraph (1) of this subsection.]

19 (G) (1) ON OR BEFORE JUNE 30, 2013, THE COMPTROLLER SHALL 20 DISTRIBUTE $15,379,979 FROM THE LOCAL RESERVE ACCOUNT ESTABLISHED 21 TO COMPLY WITH THIS SECTION TO A SPECIAL FUND ESTABLISHED IN THE 22 DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PROVIDING 23 TRANSPORTATION GRANTS TO MUNICIPALITIES.

24 (2) THE GRANTS AUTHORIZED UNDER THIS SUBSECTION SHALL 25 BE ALLOCATED TO ELIGIBLE MUNICIPALITIES AS PROVIDED IN§ 8-405 OF THE 26 TRANSPORTATION ARTICLE.

27 Article - Tax - Property

28 13-209.

29 (g) (1) Notwithstanding § 7- 311(j) of the State Finance and Procurement 30 Al·ticle, subject to par agr aph (3) of this subsection, for fiscal year [2012] 2016 and for 31 each subsequent fiscal year, if the unappropriat ed General Fund surplus as of June 30 32 of the second preceding year exceeds $10,000,000, the Governor shall include in the

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1 budget bill a General Fund appropriation to the special fund under subsection (a) of 2 this section in an amount equal to at least the lesser of $50,000,000 or the excess 3 surplus over $10,000,000.

4 (H) (1) THE DISTRIBUTIONS REQUIRED UNDER THIS SECTION MAY 5 NOT BE UTILIZED OR CONSIDERED FOR THE PURPOSES OF CALCULATING ANY 6 ALLOCATION OR APPROPRIATION UNDER SUBSECTION (F) OR (G) OF THIS 7 SECTION.

8 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE 9 GOVERNOR MAY TRANSFER FUNDS FROM THE SPECIAL FUND ESTABLISHED

10 UNDER THIS SECTION TO THE GENERAL FUND AS FOLLOWS:

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12 13 $75,062,000;

(I) ON OR BEFORE JUNE 30, 2014, $89,198,555;

(II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2014,

14 (III) FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, 15 $77,654,000;

16 (IV) FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, 17 $82,771,000; AND

18 (V) FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, 19 $86,028,000.

20 Article - Transportation

21 27- 101.3 .

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.(Af AFTER COMPUTING THE FINE TO BE ASSESSED UNDER THE DISTRICT COURT'S SCHEDULE OF PRESET FINES OR PENALTY DEPOSITS, A POLICE OFFICER ISSUING A TRAFFIC CITATION FOR A VIOLATION FOR WHICH A SURCHARGE IS REQUIRED TO BE IMPOSED UNDER§ 7- 301(F) OF THE COURTS ARTICLE SHALL ADD A $7.50 SURCHARGE TO THE AMOUNT OF THE TOTAL FINE

27 BEFORE PRESENTING THE CITATION TO THE DRIVER BEING CHARGED.

28 .ml THE COMPTROLLER SHALL ANNUALLY PAY THE SURCHARGES 29 COLLECTED UNDER THIS SECTION AS REQUIRED UNDER § 7- 30l(F) OF THE 30 COURTS ARTICLE.

31 Chapter 76 of the Acts of 2004

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HOUSE BILL 102 13

1 SECTION 2. AND BE IT FURTHER ENACTED. That Section(s) 5-801 of 2 Article 83B - Department of Housing and Community Development of the Annotated 3 Code of Maryland be repealed and reenacted, with amendments, and transferred to 4 the Session Laws, to read as follows:

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6 fhl ill Subject to the provisions of this subsection, the provisions of this 7 section and the tax credit authorized under this section shall terminat e as of July 1. 8 2004.

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10 11 claimed for:

.{21 On or after July 1, 2004(:

fil The], THE t ax credit authorized under this section may be

12 ill fil a project for rehabilitation of a single-family, 13 owner-occupied residence for which an application for approval of a plan of proposed 14 rehabilitation was received by the Director on or before June 30. 2004: or

15 fil 1ill. SUBJECT TO PARAGRAPH (3) OF THIS 16 SUBSECTION, a commercial rehabilitation project for which an application of a plan of 17 proposed r ehabilitation has been approved by the Director on or before June 30, 2004.

18 lili2 The Director shall continue to report to the Governor and 19 the General Assembly as required under subsect ion (g) of this section for as long as 20 any rehabilitation project for which an application for app1·oval of a plan of proposed 21 rehabilitation was received by the Director on or before June 30, 2004 remains 22 incomplete.]

23 ill THE TAX CREDIT AUTHORIZED UNDER THIS SECTION FOR A 24 COMMERCIAL REHABILITATION PROJECT EXPIRES ON JULY 1, 2014, UNLESS, 25 ON OR BEFORE JUNE 30, 2014, THE APPLICANT DEMONSTRATES TO THE 26 DIRECTOR THAT THE COMMERCIAL REHABILITATION PROJECT HAS A VALID, 27 UNEXPIRED BUILDING PERMIT FOR THE REHABILITATION PROJECT.

28 ffi THE DIRECTOR SHALL NOTIFY, IN WRITING, THE OWNER OR 29 DEVELOPER THAT RECEIVED APPROVAL OF A PLAN OF PROPOSED 30 REHABILITATION FOR A COMMERCIAL REHABILITATION PROJECT OF THE 31 REQUIREMENTS OF THIS SUBSECTION.

32 _{fil ON OR BEFORE AUGUST 1, 2014, THE DIRECTOR SHALL 33 REPORT TO THE COMPTROLLER THE NUMBER OF TAX CREDITS AND THE 34 AMOUNT OF THE TAX CREDITS THAT HAVE EXPIRED IN ACCORDANCE WITH THIS 35 SUBSE CTION.

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SEGTIOl-+ 2. l .. }fQ R:E IT FURTRER EPIAGTED, That Seetiett(s) g 4Q~~M /;;'\ ;LQ 7Q4.l sf tho TSst Gofto1·al Artislo ef tho !.£nftetato€l Ge€lo efMarylaftti eo roJ!oalod. ~

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SECTION &. 2. AND BE IT FURTHER ENACTED, That, notwithstanding any other provision of law, on or before June 30, 2013, the Governor may transfer $1,000,000 of the funds in the State Insurance Trust Fund established under§ 9- 103 of the State Finance and Procurement Article to the General Fund.

SEGTIO~+ 1.. i\~J.tl EE IT FURTRER E~k'\GTED, That, Detwitheta11Mng &t½)'

othett f)rovieioft of law, eft 01· hof@1·0 Jttno 3Q, 2Q11., tho Gevorner may tl'a1tefor $2,000,000 n·om tho Small, Miael'ialiy;, a:n.€lmaaM.~0mo:n. Ow-aoel. lhioi:aoeo hI·,ootmemt l.£880lU!:t ootahlioaoli unelo11 § Q lf. aei of tee ~tato Go?8l'ftffi8ftt 1\rttolo i;o tfto Small ;g:t:lot:eooo Dor;olofilmon:t; Gontt·a@t Fi1tatteiBg Ftma ostMiliollod ttH.€1@1' Part III ef Tt.tilo Iii, Sttb,.tido Iii of tee EeoBemi@ DovolopmoHt f .. rtielo.

13 SECTION & 3. AND BE IT FURTHER ENACTED, That, for fiscal year 2014, 14 payments to providers of nonpublic placements under § 8-406 of the Education Article 15 may not increase by more than 2.5% over the rates in effect on January 16, 2013.

16 SECTION~ 4. AND BE IT FURTHER ENACTED, That, for fiscal year 2014, 17 payments to providers with rates set by the Interagency Rates Committee under § 18 8- 417 of the Education Article may not increase by more than 2.5% over the rates in 19 effect on January 16, 2013.

20 SECTION:;;,.,,~ AND BE IT FURTHER ENACTED, That:

21 (1) In this section, "Commission" means the Health Services Cost 22 Review Commission.

23 (2) The Department of Health and Mental Hygiene shall achieve 24 $30,000,000 of General Fund savings in fiscal year 2014 from a combination of tiered 25 rates for hospital outpatient and emergency department services and hospital update 26 factors approved by the Commission that are lower than assumed in the Medicaid 27 budget for fiscal yeax 2014.

28 (3) (i) The Commission shall engage an independent consultant to 29 prepare an analysis projecting the savings Medicaid will achieve from tiered rates in 30 fiscal year 2014.

31 (ii) The Medicaid Program shall make available to the 32 Commission and any related consultants the data deemed necessary for the consultant 33 to prepare the analysis.

34 (iii) In calculating the Medicaid savings from tiered rates, the 35 consultant shall:

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1 1. Estimate fiscal year 2014 Medicaid utilization of the 2 clinics and emergency departments using available fiscal year 2013 data adjusted for 3 Medicaid's estimates of enrollment growth for fiscal year 2014; and

4 2. Compa1·e the amount Medicaid would pay for each 5 service using the preliminary or final Commission- approved clinic and emergency 6 department rates established by the Commission for fiscal year 2014 to the amount 7 Medicaid will pay using the fiscal yea1· 2014 tiered rates developed by the hospitals.

8 (4) On or before December 15, 2013, the Commission shall submit a 9 report to the Gove1·nor and, in accordance with § 2- 1246 of the State Government

10 Article, the General Assembly identifying the projected fiscal year 2014 savings, if 11 any, to the Medicaid Program from:

12 (i) Tiered rates at hospital outpatient clinics and emergency 13 departments as projected by the independent consultant; and

14 (ii) A fiscal year 2014 update factor that is less than assumed in 15 the fiscal year 2014 Medicaid budget.

16 (5) If the report projects General Fund savings of less than 17 $30,000,000, the Commission shall take one or more of the following actions:

18 (i) Adjust the Medicaid hospital assessment so that the fiscal 19 year 2014 assessment rate as a percentage of projected regulated net patient revenue 20 equals the fiscal year 2013 assessment rate as a percentage of projected regulated net 21 patient revenue;

22 (ii) Reduce the Maryland Health Insui-ance Plan hospital 23 assessment by an amount sufficient to ensure that the combined Medicaid and 24 Maryland Health Insurance Plan assessments do not exceed $518,000,000 in fiscal 25 year 2014; or

26 (iii) Identify and implement additional or alternative actions 27 that will bring the combined Medicaid General Fund savings in fiscal year 2014 to 28 $30,000,000.

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SECTION 6. AND BE IT FURTHER ENACTED. That. notwithstanding any other provision oflaw. on or before June 30. 2013. the Governor may transfer $430,000 from the Sustainable Communities Tax Credit Reserve Fund established under § 5A- 303(d) of the State Finance and Procui·ement Ai·ticle. which is the amount of commercial tax credit certificates that were issued in Fiscal Year 2007 and that have not been claimed under§ 5A- 303(f)(4) of the State Finance and Procurement Article or extended under § 5A-303(c)(3)(ii) of the State Finance and Procurement Article. The Director of the Maryland Historical Trust shall notify. in writing, the owner or developer that 1·eceived approval of a plan of proposed rehabilitation that these tax credit certificates have expfred.

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SECTION 7. AND BE IT FURTHER ENACTED, That $2,100,000 of the unexpended and unencumbered General Fund appropriations that were included in program M00L0l.03 of the Budget Bill for Fiscal Year 2013, as enacted during the ~ 2012 Session (Chapter 148 of the Acts of 2012), may be used only to increase, effective ~ January L 2013, specialty physician evaluation and management rates in the public mental health system to the calendar 2013 Medicare rate for the same services. If any unexpended and unencumbered funding is not used for this restricted purpose. it shall revert to the General Fund.

SECTION 8. AND BE IT FURTHER ENACTED, That $4,200,000 of the unexpended and unencumbered General Fund appropriations that were included in program M00LOl.03 of the Budget Bill for Fiscal Year 2013, as enacted during the ® 2012 Session (Chapter 148 of the Acts of 2012), may be used only for the payment of l \ any remaining fiscal year 2012 unprovided for Gene1·al Fund payables reported to the Office of the Comptroller at the fiscal year 2012 closeout in program MO0L0l.02 Community Services and program M00L0l.03 Community Services for Medicaid Recipients. If any unexpended and unencumbered funding is not used for this 1·estricted purpose. it shall revert to the General Fund.

SECTION 9. AND BE IT FURTHER ENACTED, That any unexpended and unencumbered General Fund appropi·iations that were included in program RA02.07 of the Budget Bill for Fiscal Year 2013, as enacted during the 2012 Session {Chapter @l 148 of the Acts of 2012). or program RA02.05 of the Budget Bill for Fiscal Year 2013. as enacted during the 2012 Session (Chapter 148 of the Acts of 2012). may be used only for the Quality Teacher Incentive Program under § 6- 306(b) of the Education Article. If any unexpended and unencumbered funding is not used for this restricted pm·pose. it shall revert to the General Fund.

SECTION 10. AND BE IT FURTHER ENACTED, That. notwithstanding any f;;\. other provision of law. on or before June 30. 2013, the Governor may transfer any ~ funds in the Special Fund for Preservation of Cultural Arts in Maryland established under§ 4-801 of the Economic Development Article to the General Fund.

30 SECTION 3. 11. AND BE IT FURTHER ENACTED, That, if any provision of 31 this Act or the application thereof to any person or circumstance is held invalid for any 32 reason in a court of competent jurisdiction, the invalidity does not affect other 33 provisions or any other application of this Act which can be given effect without the 34 invalid provision or application, and for this purpose the provisions of this Act are 35 declared severable.

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SECTION 9 . • '\J;,{Q RE IT FURTHER El'J'.l.1:CTED, That Seetien 2 eftm.0 /.1:et shall take eifeet tltt~y l, 2Ql3, 8:BB: Bfta~ @B-af!p~lM8 a.Ma-x:able yeat·a llaginning aFli011

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39 SECTION ~ 12. AND BE IT FURTHER ENACTED, That, e~U!Bfl s as flF@via:etl 40 in Seeti@ft 9 @f tm.e A@t, this Act shall take effect June 1, 2013.

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