EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0406*
SENATE BILL 406
P5 EMERGENCY BILL 2lr1556
By: The President (By Request – Department of Legislative Services)
Introduced and read first time: January 24, 2022
Assigned to: Rules
Committee Report: Favorable
Senate action: Adopted
Read second time: February 21, 2022
CHAPTER ______
AN ACT concerning 1
Annual Corrective Bill 2
FOR the purpose of correcting certain errors or omissions in certain articles of the 3
Annotated Code; clarifying language; correcting certain obsolete references; 4
reorganizing certain sections of the Annotated Code; providing that this Act is not 5
intended to affect any law other than to correct technical errors; and providing for 6
the correction of certain errors and obsolete provisions by the publishers of the 7
Annotated Code. 8
BY repealing and reenacting, with amendments, 9
Article – Alcoholic Beverages 10
Section 9–2004(d)(1)(i) and (e)(1), 25–1604(b)(18) and (19), and 26–1614(a)(8) 11
Annotated Code of Maryland 12
(2016 Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Business Occupations and Professions 15
Section 6–103(a)(5) and (b) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Corporations and Associations 20 2 SENATE BILL 406
Section 1–202(3), 2–105(c), 2–604(f), 4A–207(c)(3), 4A–1001(a), 4A–1003(3), 1
4A–1009(a)(8), 9A–1002(d)(3), 9A–1102(3), 10–206(b)(3), 10–209(a)(2), and 2
10–903(3) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Courts and Judicial Proceedings 7
Section 3–1503(b) and 7–204(a)(2)(ii)1. and (4)(ii)1. 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 17–101(l), 17–102(b)(3), (e), (f)(1)(i) and (2), and (k), 17–103(a)(2), 13
17–104(a)(1), (b)(1), (c)(1), and (e), and 17–105(a)(1) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Education 18
Section 3–901(a)(1) and 7–1A–01(a) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Education 23
Section 3–901(a)(2), 7–1A–01(e), and 7–447.1(d)(14)(i) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2021 Supplement) 26
BY repealing 27
Article – Education 28
Section 7–1A–01(d) 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2021 Supplement) 31
BY adding to 32
Article – Education 33
Section 7–1A–01(e) 34
Annotated Code of Maryland 35
(2018 Replacement Volume and 2021 Supplement) 36
BY repealing and reenacting, with amendments, 37
Article – Environment 38
Section 9–1605.2(i)(2)(i) 39
Annotated Code of Maryland 40 SENATE BILL 406 3
(2014 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Family Law 3
Section 5–704(a) 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2021 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Financial Institutions 8
Section 12–410(e)(3) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – General Provisions 13
Section 4–101(k)(3)(ii) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
(As enacted by Chapter 658 of the Acts of the General Assembly of 2021) 17
BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 4–211(d), 19–214.1(c)(2)(ii) and (f)(2)(ii), 19–214.2(i)(2)(iv), 20–1408(a)(2), 20
24–1202(a)(3), and 24–1203(a) 21
Annotated Code of Maryland 22
(2019 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Health – General 25
Section 20–2002(b) 26
Annotated Code of Maryland 27
(2019 Replacement Volume and 2021 Supplement) 28
(As enacted by Chapters 466 and 467 of the Acts of the General Assembly of 2021) 29
BY repealing and reenacting, with amendments, 30
Article – Health Occupations 31
Section 8–508(a)(2)(ii), 12–6D–05(a)(2)(iii), 13–313(a), 14–5B–16(a), 14–5C–19(a), 32
14–5D–16(a), and 15–103(d), (e), and (g) 33
Annotated Code of Maryland 34
(2021 Replacement Volume) 35
BY repealing and reenacting, with amendments, 36
Article – Human Services 37
Section 5–5A–08(c)(1) 38
Annotated Code of Maryland 39
(2019 Replacement Volume and 2021 Supplement) 40 4 SENATE BILL 406
BY repealing and reenacting, with amendments, 1
Article – Insurance 2
Section 2–208(a)(3) 3
Annotated Code of Maryland 4
(2017 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Labor and Employment 7
Section 3–1708(a) and (b)(1) and 8–311.2(c)(2)(ii) 8
Annotated Code of Maryland 9
(2016 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 3–126(d)(1)(i)5.B. 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 2–315(c)(7), 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3), and 18
12–203(f)(6)(iii)4. 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Public Utilities 23
Section 7–705(b–1), 12–101(e), 12–107(b)(4), 12–121(c)(1)(i) and (2), 12–122(c)(1), 24
12–125(b), and 12–131(d)(1) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2021 Supplement) 27
BY repealing and reenacting, with amendments, 28
Article – Real Property 29
Section 12–102(1) and 12–106(c) 30
Annotated Code of Maryland 31
(2015 Replacement Volume and 2021 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – State Finance and Procurement 34
Section 2–209(c)(1)(i) through (viii) and (xiii) and 13–102.1(c)(4) 35
Annotated Code of Maryland 36
(2021 Replacement Volume) 37
BY repealing and reenacting, with amendments, 38
Article – State Government 39 SENATE BILL 406 5
Section 2–1247(a)(6)(iv), 9–1A–24(b)(4), 9–1A–36(g), 9–914.3(a) and (b)(1), 1
9–940(c)(2), 9–1005(a)(2), 9–1007(a)(1)(iv) and (3) and (b), and 2
20–1036(c)(1)(i) 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – Transportation 7
Section 25–113(f)(2)(iv) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Chapter 645 of the Acts of the General Assembly of 2021 12
Section 8 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Alcoholic Beverages 16
9–2004. 17
(d) (1) Except as provided in § 9–2005 of this subtitle for December 31 and 18
January 1, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and 19
liquor: 20
(i) on Monday through Saturday, for on–premises and off–premises 21
consumption, from 7 a.m. to 2 a.m. the following day; AND 22
(e) (1) Except as provided in § 9–2005 of this subtitle for December 31 and 23
January 1, a holder of a Class D beer, wine, and liquor license may sell beer, wine, and 24
liquor: 25
(i) on Monday through Saturday, for on–premises and off–premises 26
consumption, from 7 a.m. to 2 a.m. the following day; AND 27
(ii) on Sunday[,]: 28
1. from 11 a.m. to 2 a.m. the following day if the holder pays 29
an additional fee of $250; or 30
[(iii)] 2. in accordance with a 2–day Sunday sales permit issued 31
under paragraph (2) of this subsection. 32
DRAFTER’S NOTE: 33 6 SENATE BILL 406
Error: Omitted conjunctions in § 9–2004(d)(1)(i) and (e)(1)(i) of the Alcoholic 1
Beverages Article. Tabulation error in § 9–2004(e)(1)(ii) of the Alcoholic Beverages Article. 2
Occurred: Ch. 41, § 2, Acts of 2016. 3
25–1604. 4
(b) Except as otherwise provided in this section, the Board may issue, renew, 5
approve the transfer of, and otherwise provide for: 6
(18) in accordance with § 25–1103 of this title, a refillable container permit 7
for draft beer for A Class D–K license; and 8
(19) in accordance with § 25–1104 of this title, a refillable container permit 9
for wine for A Class D–K license. 10
DRAFTER’S NOTE: 11
Error: Omitted article in § 25–1604(b)(18) and (19) of the Alcoholic Beverages Article. 12
Occurred: Ch. 349, Acts of 2020. 13
26–1614. 14
(a) The Board may issue: 15
(8) up to five Class B–DD (Development District) licenses to restaurants 16
located within the Karington [mixed–used] MIXED–USE development, located in the 17
southwest quadrant of the intersection of MD–214/Central Avenue and US–301/Crain 18
Highway; 19
DRAFTER’S NOTE: 20
Error: Spelling error in § 26–1614(a)(8) of the Alcoholic Beverages Article. 21
Occurred: Ch. 730, Acts of 2016. 22
Article – Business Occupations and Professions 23
6–103. 24
(a) This title does not affect the right of any local jurisdiction of the State: 25
(5) to collect, from a person who is [licensed] REGISTERED with a local 26
board, fees for: 27
SENATE BILL 406 7
(i) an examination for a registration to provide electrical services; 1
(ii) issuance and renewal of the registration; or 2
(iii) an inspection. 3
(b) If a local jurisdiction [licenses] REGISTERS any class of electricians other 4
than master electricians, journeyperson electricians, or apprentice electricians, that class 5
is also under the control and supervision of the local board. 6
DRAFTER’S NOTE: 7
Error: Incorrect word usage in § 6–103(a)(5) and (b) of the Business Occupations and 8
Professions Article. 9
Occurred: Ch. 708, Acts of 2021. Correction suggested by the Attorney General in the 10
Bill Review Letter for S.B. 762 (Ch. 708) of 2021 (footnote 5), dated May 6, 2021. 11
Article – Corporations and Associations 12
1–202. 13
When the Department accepts for record any charter document or any document 14
designating or changing the name or address of a resident agent or principal office of a 15
Maryland corporation, the Department shall: 16
(3) [(i)] Send an acknowledgment to the corporation, its attorney, or its 17
agent stating the date and time that the document was accepted for record[; and 18
(ii) Unless the corporation, its attorney, or its agent at the time of 19
filing declines the return, return the document on payment of the fee provided in § 20
1–203(b)(10) of this subtitle]. 21
DRAFTER’S NOTE: 22
Error: Obsolete cross–reference in § 1–202(3)(ii) of the Corporations and Associations 23
Article. 24
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 25
2–105. 26
(c) Notwithstanding subsection [(a)(12)] (A)(13) of this section, the board of 27
directors of a corporation that is registered or intends to register as an open–end company 28
under the Investment Company Act of 1940, after the registration as an open–end company 29
takes effect, may increase or decrease the aggregate number of shares of stock or the 30
number of shares of stock of any class that the corporation has authority to issue, unless a 31 8 SENATE BILL 406
provision has been included in the charter of the corporation after July 1, 1987 prohibiting 1
an action by the board of directors to increase or decrease the aggregate number of shares 2
of stock or the number of shares of stock of any class that the corporation has authority to 3
issue. 4
DRAFTER’S NOTE: 5
Error: Erroneous internal reference in § 2–105(c) of the Corporations and 6
Associations Article. 7
Occurred: As a result of Chs. 95 and 96, Acts of 2010. 8
2–604. 9
(f) Except as provided in subsection (b) of this section, the proposed amendment 10
shall be approved by the stockholders of the corporation by the affirmative vote of [two 11
thirds] TWO–THIRDS of all the votes entitled to be cast on the matter. 12
DRAFTER’S NOTE: 13
Error: Stylistic error in § 2–604(f) of the Corporations and Associations Article. 14
Occurred: Ch. 311, Acts of 1975. 15
4A–207. 16
(c) When the Department accepts for record any articles, certificate, or other 17
document, the Department shall: 18
(3) [(i)] Send an acknowledgment to the limited liability company, its 19
attorney, or its agent stating the date and time that the document was accepted for record[; 20
and 21
(ii) Unless the limited liability company, its attorney, or its agent at 22
the time of filing declines the return, return the document on payment of the fee provided 23
in § 1–203(b)(10) of this article]. 24
DRAFTER’S NOTE: 25
Error: Obsolete cross–reference in § 4A–207(c)(3)(ii) of the Corporations and 26
Associations Article. 27
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 28
4A–1001. 29
SENATE BILL 406 9
(a) Subject to the [Constitution of this State] MARYLAND CONSTITUTION : 1
(1) The laws of the state under which a foreign limited liability company is 2
organized govern its organization, internal affairs, and the liability of its members; and 3
(2) A foreign limited liability company may not be denied registration by 4
reason of any difference between those laws and the laws of this State. 5
DRAFTER’S NOTE: 6
Error: Stylistic error in § 4A–1001(a) of the Corporations and Associations Article. 7
Occurred: Ch. 536, Acts of 1992. 8
4A–1003. 9
If the Department finds that an application for registration meets the requirements 10
of this title and all required fees have been paid, it shall: 11
(3) [(i)] Send an acknowledgment to the person who filed the application 12
or a representative of the person who filed the application stating the date and time that 13
the document was accepted for record[; and 14
(ii) Unless the person who filed the application or the person’s 15
representative at the time of filing declines the return, return the document on payment of 16
the fee provided in § 1–203(b)(10) of this article]. 17
DRAFTER’S NOTE: 18
Error: Obsolete cross–reference in § 4A–1003(3)(ii) of the Corporations and 19
Associations Article. 20
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 21
4A–1009. 22
(a) In addition to any other activities which may not constitute doing business in 23
this State, for the purposes of this title, the following activities of a foreign limited liability 24
company do not constitute doing business in this State: 25
(8) Selling or transferring title to property in this State so acquired to any 26
person, including the Federal Housing Administration or the [Veterans Administration] 27
U.S. DEPARTMENT OF VETERANS AFFAIRS. 28
DRAFTER’S NOTE: 29
10 SENATE BILL 406
Error: Misnomer in § 4A–1009(a)(8) of the Corporations and Associations Article. 1
Occurred: As a result of the federal Department of Veterans Affairs Act of 1988, 2
which renamed the Veterans Administration to the U.S. Department of Veterans Affairs. 3
9A–1002. 4
(d) When the Department accepts for record any certificate or other document, 5
the Department shall: 6
(3) [(i)] Send an acknowledgment to the limited liability partnership, its 7
attorney, or its agent stating the date and time that the document was accepted for record[; 8
and 9
(ii) Unless the limited liability partnership, its attorney, or its agent 10
at the time of filing declines the return, return the document on payment of the fee provided 11
in § 1–203(b)(10) of this article]. 12
DRAFTER’S NOTE: 13
Error: Obsolete cross–reference in § 9A–1002(d)(3)(ii) of the Corporations and 14
Associations Article. 15
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 16
9A–1102. 17
If the Department finds that an application for registration meets the requirements 18
of this subtitle and all required fees have been paid, it shall: 19
(3) [(i)] Send an acknowledgment to the person who filed the application 20
or a representative of the person who filed the application stating the date and time that 21
the document was accepted for record[; and 22
(ii) Unless the person who filed the application or the person’s 23
representative at the time of filing declines the return, return the document on payment of 24
the fee provided in § 1–203(b)(10) of this article]. 25
DRAFTER’S NOTE: 26
Error: Obsolete cross–reference in § 9A–1102(3)(ii) of the Corporations and 27
Associations Article. 28
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 29
10–206. 30 SENATE BILL 406 11
(b) When the Department accepts for record any certificate, the Department 1
shall: 2
(3) [(i)] Send an acknowledgment to the partnership, its attorney, or its 3
agent stating the date and time that the document was accepted for record[; and 4
(ii) Unless the partnership, its attorney, or its agent at the time of 5
filing declines the return, return the document on payment of the fee provided in § 6
1–203(b)(10) of this article]. 7
DRAFTER’S NOTE: 8
Error: Obsolete cross–reference in § 10–206(b)(3)(ii) of the Corporations and 9
Associations Article. 10
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 11
10–209. 12
(a) (2) When the Comptroller certifies the list [of] TO the Department, the 13
Comptroller shall mail to each listed limited partnership, at its address as it appears on 14
the Comptroller’s records, a notice that its right to do business in Maryland and the right 15
to the use of its name will be forfeited unless all taxes, interest, and penalties due by it are 16
paid. 17
DRAFTER’S NOTE: 18
Error: Incorrect word usage in § 10–209(a)(2) of the Corporations and Associations 19
Article. 20
Occurred: Ch. 295, Acts of 1995. 21
10–903. 22
If the Department finds that an application for registration meets the requirements 23
of this title and all required fees have been paid, it shall: 24
(3) [(i)] Send an acknowledgment to the person who filed the application 25
or his representative stating the date and time that the document was accepted for record[; 26
and 27
(ii) Unless the person who filed the application or the person’s 28
representative at the time of filing declines the return, return the document on payment of 29
the fee provided in § 1–203(b)(10) of this article]. 30
12 SENATE BILL 406
DRAFTER’S NOTE: 1
Error: Obsolete cross–reference in § 10–903(3)(ii) of the Corporations and 2
Associations Article. 3
Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 4
Article – Courts and Judicial Proceedings 5
3–1503. 6
(b) [(1)] The petition shall: 7
[(i)] (1) Be under oath and provide notice to the petitioner that an 8
individual who knowingly provides false information in the petition is guilty of a 9
misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this 10
section; 11
[(ii)] (2) Subject to the provisions of subsection (c) of this section, 12
contain the address of the petitioner or the petitioner’s employee; and 13
[(iii)] (3) Include all information known to the petitioner of: 14
[1.] (I) The nature and extent of the act specified in 15
subsection (a) of this section for which the relief is being sought, including information 16
known to the petitioner concerning previous harm or injury resulting from an act specified 17
in subsection (a) of this section by the respondent; 18
[2.] (II) Each previous and pending action between the 19
parties in any court; and 20
[3.] (III) The whereabouts of the respondent. 21
DRAFTER’S NOTE: 22
Error: Tabulation error in § 3–1503(b) of the Courts Article. 23
Occurred: Ch. 404, Acts of 1999. 24
7–204. 25
(a) (2) The Clerk of the Circuit Court for Baltimore County shall: 26
(ii) Charge as costs the following fee for docketing the appearance of 27
counsel when bringing or defending a criminal action: 28
SENATE BILL 406 13
1. If the punishment for the offense charged is [death or] 1
confinement in the State penitentiary, a $20 fee; and 2
(4) The Clerk of the Circuit Court for Baltimore City shall: 3
(ii) Charge as costs the following fee for docketing the appearance of 4
counsel when bringing or defending a criminal action: 5
1. If the punishment for the offense charged is [death or] 6
confinement in the State penitentiary, a $20 fee; and 7
DRAFTER’S NOTE: 8
Error: Obsolete term in § 7–204(a)(2)(ii)1 and (4)(ii)1 of the Courts Article. 9
Occurred: As a result of Ch. 156, Acts of 2013, which repealed the death penalty. 10
Article – Criminal Procedure 11
17–101. 12
(l) “STR DNA profile” means a genetic profile that examines genetic locations on 13
the non–sex chromosomes that are used for the statewide DNA [data base] DATABASE 14
system or the national DNA [data base] DATABASE system. 15
DRAFTER’S NOTE: 16
Error: Stylistic error in § 17–101(l) of the Criminal Procedure Article. 17
Occurred: Chs. 681 and 682, Acts of 2021. 18
17–102. 19
(b) A sworn affidavit shall be submitted by a law enforcement agent with approval 20
of a prosecutor from the relevant jurisdiction asserting that: 21
(3) an STR DNA profile has already been developed from the forensic 22
sample, was entered into the statewide DNA [data base] DATABASE system and the 23
national DNA [data base] DATABASE system, and failed to identify a known individual; 24
and 25
(e) The laboratory conducting SNP or other sequencing–based testing and the 26
genetic genealogist participating in FGGS shall be licensed by the Office of Health Care 27
Quality in accordance with § 17–104 of this [subtitle] TITLE. 28
14 SENATE BILL 406
(f) (1) (i) Subject to subparagraph (ii) of this paragraph, informed consent 1
in writing shall be obtained from any third party whose DNA sample is sought for the 2
purpose of assisting [a] AN FGGS and all statements made in obtaining the informed 3
consent shall be documented from beginning to end by video or audio recording. 4
(2) The person obtaining the informed consent shall have training from a 5
genetic counselor approved by the Office of Health Care Quality under § 17–104 of this 6
[subtitle] TITLE within 1 year after the Office of Health Care Quality has identified and 7
approved a genetic counselor or within 1 year after the person joins the investigative unit 8
conducting the investigation, whichever is later. 9
(k) A person whose genetic genealogy information, FGG profile, or DNA sample 10
is wrongfully disclosed, collected, or maintained in violation of this [subtitle] TITLE has a 11
private right of action under relevant State law guiding tort claims, and is entitled to 12
minimum liquidated damages of $5,000 for a violation. 13
DRAFTER’S NOTE: 14
Error: Stylistic errors in § 17–102(b)(3), (e), and (f)(2) of the Criminal Procedure 15
Article. Incorrect word usage in § 17–102(f)(1)(i) of the Criminal Procedure Article. 16
Erroneous internal reference in § 17–102(k) of the Criminal Procedure Article. 17
Occurred: Chs. 681 and 682, Acts of 2021. 18
17–103. 19
(a) A defendant in a criminal case charged with a crime of violence under § 20
14–101 of the Criminal Law Article or a defendant convicted of a crime of violence under § 21
14–101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to 22
seek judicial authorization for an FGGS by filing an affidavit with a trial court or 23
postconviction court certifying that: 24
(2) an STR DNA profile has already been developed from the forensic 25
sample, was entered into the State DNA [data base] DATABASE system and the [National] 26
NATIONAL DNA [data base] DATABASE system, and failed to identify a known individual; 27
DRAFTER’S NOTE: 28
Error: Stylistic errors in § 17–103(a)(2) of the Criminal Procedure Article. 29
Occurred: Chs. 681 and 682, Acts of 2021. 30
17–104. 31
(a) The Office of Health Care Quality shall establish: 32
SENATE BILL 406 15
(1) a licensing program for laboratories performing SNP or other 1
[sequencing based] SEQUENCING –BASED testing on evidence in support of FGGS on or 2
before October 1, 2022; and 3
(b) The Office of Health Care Quality shall: 4
(1) develop a training program on obtaining informed consent under §§ 5
17–102 and 17–103 of this [subtitle] TITLE; and 6
(c) The Maryland Forensic Laboratory Advisory Committee shall: 7
(1) establish best practices for laboratories performing SNP or other 8
[sequencing based] SEQUENCING –BASED methods; and 9
(e) Neither the laboratory conducting SNP or other [sequencing based] 10
SEQUENCING –BASED testing, nor a law enforcement official, may disclose genetic 11
genealogy information without authorization. 12
DRAFTER’S NOTE: 13
Error: Omitted hyphens in § 17–104(a)(1), (c)(1), and (e) of the Criminal Procedure 14
Article. Stylistic error in § 17–104(b)(1) of the Criminal Procedure Article. 15
Occurred: Chs. 681 and 682, Acts of 2021. 16
17–105. 17
(a) On or before June 1 annually, the Governor’s Office of Crime Prevention, 18
Youth, and Victim Services shall submit a publicly available report to the Governor and, in 19
accordance with § 2–1257 of the State Government Article, the General Assembly, that 20
shall include, for the preceding calendar year: 21
(1) the number of requests for FGGS made, broken down by number of 22
requests made by prosecutors, [pre–trial] PRETRIAL defendants, and postconviction 23
defendants; 24
DRAFTER’S NOTE: 25
Error: Extraneous hyphen in § 17–105(a)(1) of the Criminal Procedure Article. 26
Occurred: Chs. 681 and 682, Acts of 2021. 27
Article – Education 28
3–901. 29
16 SENATE BILL 406
(a) (1) In this subtitle the following words have the meanings indicated. 1
(2) “Board of [Education District”] EDUCATION DISTR ICT” means a 2
geographic area of Montgomery County in which an elected member of the Montgomery 3
County Board of Education must be a legal resident. The geographic area of each district is 4
described in subsection (f) of this section. Each district shall be substantially equal in 5
population, and the districts shall be reapportioned on the basis of each decennial census 6
of the United States. 7
DRAFTER’S NOTE: 8
Error: Stylistic error in § 3–901(a)(2) of the Education Article. 9
Occurred: Ch. 660, Acts of 1985. 10
7–1A–01. 11
(a) In this subtitle the following words have the meanings indicated. 12
[(d) “Eligible public provider” means an early learning program that: 13
(1) Is provided by a county board at a public school; and 14
(2) Meets the requirements under § 7–1A–04 of this subtitle.] 15
[(e)] (D) (1) “Eligible private provider” means a [community based] 16
COMMUNITY –BASED early learning program that: 17
(i) Is licensed in the State; 18
(ii) Does not charge more tuition for full–day prekindergarten than 19
the cost of quality; and 20
(iii) Meets the requirements under § 7–1A–04 of this subtitle. 21
(2) “Eligible private provider” includes the Ulysses Currie Head Start 22
Program under § 5–231 of this article. 23
(E) “ELIGIBLE PUBLIC PROVI DER” MEANS AN EARLY LEARN ING PROGRAM 24
THAT: 25
(1) IS PROVIDED BY A COUN TY BOARD AT A PUBLIC SCHOOL; AND 26
(2) MEETS THE REQUIREMENT S UNDER § 7–1A–04 OF THIS 27
SUBTITLE. 28
SENATE BILL 406 17
DRAFTER’S NOTE: 1
Error: Stylistic error (failure to codify definitions in alphabetical order) and omitted 2
hyphen in § 7–1A–01(d) and (e) of the Education Article. 3
Occurred: Ch. 36, § 3, Acts of 2021. 4
7–447.1. 5
(d) The Consortium consists of the following members: 6
(14) The following members appointed by the Governor: 7
(i) One representative of the [community] behavioral health 8
community with expertise in telehealth; 9
DRAFTER’S NOTE: 10
Error: Extraneous word in § 7–447.1(d)(14)(i) of the Education Article. 11
Occurred: Ch. 36, § 3, Acts of 2021. 12
Article – Environment 13
9–1605.2. 14
(i) (2) Funds in the Bay Restoration Fund shall be used only: 15
(i) 1. To award grants for up to 100% of eligible costs of projects 16
relating to planning, design, construction, and upgrade of a publicly owned wastewater 17
facility for flows up to the design capacity of the wastewater facility, as approved by the 18
Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)] 19
PARAGRAPH (4) of this subsection; and 20
2. To award grants for up to 50% of eligible costs of projects 21
relating to planning, design, construction, and upgrade of a privately owned wastewater 22
facility for flows up to the design capacity of the wastewater facility, as approved by the 23
Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)] 24
PARAGRAPH (4) of this subsection; 25
DRAFTER’S NOTE: 26
Error: Erroneous internal reference in § 9–1605.2(i)(2)(i) of the Environment Article. 27
Occurred: As a result of Chs. 366 and 367, Acts of 2017, which added a new 28
paragraph (3). 29
18 SENATE BILL 406
Article – Family Law 1
5–704. 2
(a) Notwithstanding any other provision of law, including any law on privileged 3
communications, each health practitioner, police officer, educator, or human service 4
worker, acting in a professional capacity in this State[: 5
(1)] who has reason to believe that a child has been subjected to abuse or 6
neglect[,]: 7
(1) shall notify the local department or the appropriate law enforcement 8
agency; and 9
(2) if acting as a staff member of a hospital, public health agency, child care 10
institution, juvenile detention center, school, or similar institution, shall immediately 11
notify and give all information required by this section to the head of the institution or the 12
designee of the head. 13
DRAFTER’S NOTE: 14
Error: Erroneous tabulation in § 5–704(a) of the Family Law Article. 15
Occurred: As a result of Chs. 398 and 399, Acts of 2011. 16
Article – Financial Institutions 17
12–410. 18
(e) (3) Each licensee shall conspicuously display the following information on 19
the licensee’s website, [a] ANY mobile application through which the services are offered, 20
[on] the outside of the self–service financial kiosk, any software application accessible to 21
the public and used for money transmission services, and THE profile page within each 22
social media platform the licensee uses: 23
(i) The licensee’s unique identifier; 24
(ii) A link to the NMLS Consumer Access website; and 25
(iii) A notice stating, “The Commissioner of Financial Regulation for 26
the State of Maryland will accept all questions or complaints from Maryland residents 27
regarding (name of licensee and unique identifier) at (address of Commissioner), phone 28
(toll–free phone number of the Commissioner)”. 29
DRAFTER’S NOTE: 30
SENATE BILL 406 19
Error: Incorrect word usage, extraneous word, and omitted article in § 12–410(e)(3) 1
of the Financial Institutions Article. 2
Occurred: As a result of Chs. 100 and 101, Acts of 2021, each of which amended § 3
12–410(e)(3) of the Financial Institutions Article. Correction suggested by the Attorney 4
General in the Bill Review Letter for S.B. 219 and 251 (Chs. 100 and 101) of 2021 (footnote 5
1), dated April 12, 2021. 6
Article – General Provisions 7
4–101. 8
(k) (3) “Public record” does not include: 9
(ii) a record or any information submitted to the Public Access 10
Ombudsman or the Board under Subtitle [1A] 1B of this title. 11
DRAFTER’S NOTE: 12
Error: Erroneous cross–reference in § 4–101(k)(3)(ii) of the General Provisions 13
Article. 14
Occurred: Ch. 658, Acts of 2021. Correction suggested by the Attorney General in the 15
Bill Review Letter for H.B. 183 (Ch. 658) of 2021 (footnote 1), dated May 6, 2021. 16
Article – Health – General 17
4–211. 18
(d) The Secretary may not make a new certificate of birth in connection with an 19
order of a court of competent jurisdiction relating to the adoption of an individual, if one of 20
the following so directs the Secretary: 21
(1) The court that decrees the adoption[.]; 22
(2) The adoptive parents[.]; OR 23
(3) The adopted individual, if an adult. 24
DRAFTER’S NOTE: 25
Error: Incorrect punctuation and omitted conjunction in § 4–211(d) of the Health – 26
General Article. 27
Occurred: Ch. 21, Acts of 1982. 28
19–214.1. 29 20 SENATE BILL 406
(c) (2) The notice required under paragraph (1) of this subsection shall: 1
(ii) Be provided in the patient’s preferred language or, if no preferred 2
language is specified, each language spoken by a limited English proficient population that 3
constitutes AT LEAST 5% of the overall population within the city or county in which the 4
hospital is located as measured by the most recent census. 5
(f) (2) The information sheet shall: 6
(ii) Be in the patient’s preferred language or, if no preferred 7
language is specified, each language spoken by a limited English proficient population that 8
constitutes AT LEAST 5% of the overall population within the city or county in which the 9
hospital is located as measured by the most recent census. 10
DRAFTER’S NOTE: 11
Error: Omitted words in § 19–214.1(c)(2)(ii) and (f)(2)(ii) of the Health – General 12
Article. 13
Occurred: Ch. 470, Acts of 2020. 14
19–214.2. 15
(i) (2) The notice required under paragraph (1) of this subsection shall: 16
(iv) Be provided in the patient’s preferred language or, if no preferred 17
language is specified, each language spoken by a limited English proficient population that 18
constitutes AT LEAST 5% of the population within the jurisdiction in which the hospital is 19
located as measured by the most recent federal census. 20
DRAFTER’S NOTE: 21
Error: Omitted words in § 19–214.2(i)(2)(iv) of the Health – General Article. 22
Occurred: Chs. 769 and 770, Acts of 2021. 23
20–1408. 24
(a) (2) The reporting required under paragraph (1) of this subsection shall be 25
SUBMITTED periodically in accordance with a schedule determined by the Commission. 26
DRAFTER’S NOTE: 27
Error: Omitted word in § 20–1408(a)(2) of the Health – General Article. 28
Occurred: Ch. 742, Acts of 2021. 29 SENATE BILL 406 21
20–2002. 1
(b) A person who violates [§ 20–2001] SUBSECTION (A) of this [subtitle] 2
SECTION is subject to a civil penalty imposed by the Department not exceeding $5,000 for 3
each violation. 4
DRAFTER’S NOTE: 5
Error: Erroneous cross–reference in § 20–2002(b) of the Health – General Article. 6
Occurred: Chs. 466 and 467, Acts of 2021. 7
24–1202. 8
(a) The General Assembly: 9
(3) Acknowledges that the three–digit number, 2–1–1, is a nationally 10
recognized and applied telephone number which may be used for information and referral 11
and eliminates delays caused by lack of familiarity with health and human [service] 12
SERVICES numbers and by understandable confusion in circumstances of crisis; and 13
DRAFTER’S NOTE: 14
Error: Grammatical error in § 24–1202(a)(3) of the Health – General Article. 15
Occurred: Ch. 390, Acts of 2004. 16
24–1203. 17
(a) Except as provided in subsection [(d)] (C) of this section, an agency or 18
organization shall be approved by 2–1–1 Maryland as a 2–1–1 Maryland call center in order 19
to provide 2–1–1 services in the State. 20
DRAFTER’S NOTE: 21
Error: Erroneous internal reference in § 24–1203(a) of the Health – General Article. 22
Occurred: Ch. 295, Acts of 2020. 23
Article – Health Occupations 24
8–508. 25
(a) (2) “Nurse practitioner” means a registered nurse who is: 26
22 SENATE BILL 406
(ii) Authorized to prescribe drugs under regulations adopted by the 1
[State] Board [of Nursing]. 2
DRAFTER’S NOTE: 3
Error: Extraneous language in § 8–508(a)(2)(ii) of the Health Occupations Article. 4
Occurred: Ch. 454, Acts of 1993. 5
12–6D–05. 6
(a) An applicant for registration shall: 7
(2) Provide documentation of: 8
(iii) For an applicant who satisfies the requirements under [§ 9
12–6D–02(a)(4)] § 12–6D–03(A)(4) of this subtitle, proof of: 10
1. Educational equivalency; and 11
2. Oral English competency; 12
DRAFTER’S NOTE: 13
Error: Erroneous cross–reference in § 12–6D–05(a)(2)(iii) of the Health Occupations 14
Article. 15
Occurred: Chs. 564 and 565, Acts of 2014. 16
13–313. 17
(a) The Board may issue a temporary license to an applicant who, except for 18
passing an examination otherwise required under this subtitle, has met the appropriate 19
education and experience requirements of this subtitle for a physical therapist license or a 20
physical therapy assistant license under [§ 10–305 of this article] § 13–302 OF THIS 21
SUBTITLE. 22
DRAFTER’S NOTE: 23
Error: Erroneous cross–reference in § 13–313(a) of the Health Occupations Article. 24
Occurred: Chs. 473 and 474, Acts of 2021. 25
14–5B–16. 26
SENATE BILL 406 23
(a) Subject to subsection [(c)] (B) of this section, on the application of an 1
individual whose license has been revoked, a disciplinary panel may reinstate a revoked 2
license. 3
DRAFTER’S NOTE: 4
Error: Erroneous internal reference in § 14–5B–16(a) of the Health Occupations 5
Article. 6
Occurred: As a result of Chs. 612 and 613, Acts of 2020. 7
14–5C–19. 8
(a) Subject to subsection [(c)] (B) of this section, on the application of an 9
individual whose license has been revoked, a disciplinary panel, on the affirmative vote of 10
a majority of its full authorized membership, may reinstate a revoked license. 11
DRAFTER’S NOTE: 12
Error: Erroneous internal reference in § 14–5C–19(a) of the Health Occupations 13
Article. 14
Occurred: As a result of Chs. 612 and 613, Acts of 2020. 15
14–5D–16. 16
(a) Subject to subsection [(c)] (B) of this section, on the application of an 17
individual whose license has been revoked, a disciplinary panel may reinstate a revoked 18
license. 19
DRAFTER’S NOTE: 20
Error: Erroneous internal reference in § 14–5D–16(a) of the Health Occupations 21
Article. 22
Occurred: As a result of Chs. 612 and 613, Acts of 2020. 23
15–103. 24
(d) A hospital, related institution, alternative health CARE system, or employer 25
that has reason to know that a physician assistant has committed an action or has a 26
condition that might be grounds for reprimand or probation of the physician assistant or 27
suspension or revocation of the license of the physician assistant under § 15–314 of this 28
title because the physician assistant is alcohol– or drug–impaired is not required to report 29
to the Board if: 30
24 SENATE BILL 406
(1) The hospital, related institution, alternative health CARE system, or 1
employer knows that the physician assistant is: 2
(i) In an alcohol or drug treatment program that is accredited by the 3
Joint Commission on the Accreditation of Healthcare Organizations or is certified by the 4
Department; or 5
(ii) Under the care of a health care practitioner who is competent 6
and capable of dealing with alcoholism and drug abuse; 7
(2) The hospital, related institution, alternative health CARE system, or 8
employer is able to verify that the physician assistant remains in the treatment program 9
until discharge; and 10
(3) The action or condition of the physician assistant has not caused injury 11
to any person while the physician assistant is practicing as a licensed physician assistant. 12
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 13
or drug treatment program that is accredited by the Joint Commission on Accreditation of 14
Healthcare Organizations or that is certified by the Department, the physician assistant 15
shall notify the hospital, related institution, alternative health CARE system, or employer 16
of the physician assistant’s decision to enter the treatment program. 17
(2) If the physician assistant fails to provide the notice required under 18
paragraph (1) of this subsection, and the hospital, related institution, alternative health 19
CARE system, or employer learns that the physician assistant has entered a treatment 20
program, the hospital, related institution, alternative health system, or employer shall 21
report to the Board that the physician assistant has entered a treatment program and has 22
failed to provide the required notice. 23
(3) If the physician assistant is found to be noncompliant with the 24
treatment program’s policies and procedures while in the treatment program, the 25
treatment program shall notify the hospital, related institution, alternative health CARE 26
system, or employer of the physician assistant’s noncompliance. 27
(4) On receipt of the notification required under paragraph (3) of this 28
subsection, the hospital, related institution, alternative health CARE system, or employer 29
of the physician assistant shall report the physician assistant’s noncompliance to the 30
Board. 31
(g) The hospital, related institution, alternative health CARE system, or employer 32
shall submit the report within 10 days of any action described in this section. 33
DRAFTER’S NOTE: 34
Error: Omitted word in § 15–103(d), (e), and (g) of the Health Occupations Article. 35 SENATE BILL 406 25
Occurred: Chs. 273 and 274, Acts of 2010. 1
Article – Human Services 2
5–5A–08. 3
(c) (1) The CMN Program shall facilitate assistance to critical medically 4
vulnerable individuals and their households in obtaining State and federal financial 5
assistance for their electric, gas, or other [source energy] ENERGY SOURCE bills through 6
navigators. 7
DRAFTER’S NOTE: 8
Error: Incorrect word usage in § 5–5A–08(c)(1) of the Human Services Article. 9
Occurred: Chs. 282 and 283, Acts of 2019. 10
Article – Insurance 11
2–208. 12
(a) Subject to subsection (b) of this section, the expense incurred in an 13
examination made under § 2–205 of this subtitle, § 2–206 of this subtitle for surplus lines 14
brokers and insurance holding corporations, § 23–207 of this article for premium finance 15
companies, § 15–10B–19 of this article for private review agents, § 15–10B–20 of this 16
article, or § 14–610 of this article for discount medical plan organizations and discount drug 17
plan organizations shall be paid by the person examined in the following manner: 18
(3) a person may not pay and an examiner may not accept any 19
compensation for an examination in addition to the compensation under [paragraph (1) of 20
this section] ITEM (1) OF THIS SUBSECTION . 21
DRAFTER’S NOTE: 22
Error: Stylistic error in § 2–208(a)(3) of the Insurance Article. 23
Occurred: Ch. 36, Acts of 1995, and as a result of Chs. 151 and 152, Acts of 2021. 24
Article – Labor and Employment 25
3–1708. 26
(a) If an essential worker believes that an essential employer has violated [§ 27
3–1604] § 3–1704 of this subtitle: 28
26 SENATE BILL 406
(1) the essential worker may seek enforcement of rights under § 5–604 of 1
this article; and 2
(2) the Commissioner shall respond in accordance with the enforcement 3
provisions under Title 5 of this article. 4
(b) (1) If an essential worker believes that an essential employer has violated 5
[§ 3–1606] § 3–1706 of this subtitle, the essential worker may file a written complaint with 6
the Commissioner. 7
DRAFTER’S NOTE: 8
Error: Erroneous cross–references in § 3–1708(a) and (b)(1) of the Labor and 9
Employment Article. 10
Occurred: As a result of Chs. 671 and 672, Acts of 2021, and Ch. 736, Acts of 2021, 11
which each added a new Subtitle 16 in Title 3 of the Labor and Employment Article. 12
8–311.2. 13
(c) (2) The report shall include: 14
(ii) the current balance of the Unemployment Insurance Fund; AND 15
DRAFTER’S NOTE: 16
Error: Omitted conjunction in § 8–311.2(c)(2)(ii) of the Labor and Employment 17
Article. 18
Occurred: Chs. 50 and 51, Acts of 2021. 19
Article – Natural Resources 20
3–126. 21
(d) (1) (i) 5. B. If the accountants are unable to express an 22
unqualified [opinion] OPINION, they shall state and explain in detail the reasons for their 23
qualifications, disclaimer, or opinion including recommendations necessary to make 24
possible future unqualified opinions. 25
DRAFTER’S NOTE: 26
Error: Omitted comma in § 3–126(d)(1)(i)5B of the Natural Resources Article. 27
Occurred: Ch. 4, Acts of the First Special Session of 1973. 28
Article – Public Safety 29 SENATE BILL 406 27
2–315. 1
(c) The Council consists of the following members: 2
(7) the Director of the Governor’s Office of Crime [Control and] Prevention, 3
YOUTH, AND VICTIM SERVICES, or the Director’s designee; 4
DRAFTER’S NOTE: 5
Error: Misnomer in § 2–315(c)(7) of the Public Safety Article. 6
Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 7
of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 8
and Victim Services. 9
3–522. 10
(b) (1) There is a Crisis Intervention Team Center of Excellence in the 11
Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES. 12
(3) The Governor’s Office of Crime [Control and] Prevention, YOUTH, AND 13
VICTIM SERVICES shall appoint the following individuals to oversee the Center: 14
(i) a crisis intervention law enforcement coordinator; 15
(ii) a mental health coordinator; 16
(iii) an advocacy coordinator; and 17
(iv) additional coordinators necessary as determined by the 18
Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES. 19
(c) (2) The Collaborative Committee shall include the following members: 20
(ii) the Executive Director of the Governor’s Office of Crime [Control 21
and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; 22
(iv) the following individuals, appointed by the Executive Director of 23
the Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM 24
SERVICES: 25
1. at least one representative of a local behavioral health 26
authority; 27
28 SENATE BILL 406
2. at least one representative from family and consumer 1
mental health organizations; 2
3. a representative from the Maryland Municipal League; 3
4. a representative from the Maryland Chiefs of Police 4
Association; 5
5. a representative from the Maryland Ass ociation of 6
Counties; 7
6. a representative of a local crisis intervention team; 8
7. other members determined to be necessary to carry out the 9
work of the Collaborative Committee; and 10
8. a representative from the Maryland Sheriffs’ Association. 11
(3) A member appointed by the Executive Director of the Governor’s Office 12
of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES: 13
(i) serves for a term of 3 years and until a successor is appointed 14
and qualifies; and 15
(ii) may be reappointed. 16
DRAFTER’S NOTE: 17
Error: Misnomer in § 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3) of the Public 18
Safety Article. 19
Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 20
of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 21
and Victim Services. 22
12–203. 23
(f) (6) (iii) A code home rule county of the Southern Maryland class may: 24
4. impose a fine on a property owner under this paragraph 25
that[: 26
A.] leases a unit in a multifamily dwelling or a dwelling unit 27
that: 28
A. is not registered with the county; or 29 SENATE BILL 406 29
B. is in violation of the inspection criteria established by the 1
county. 2
DRAFTER’S NOTE: 3
Error: Tabulation error in § 12–203(f)(6)(iii)4 of the Public Safety Article. 4
Occurred: Chs. 759 and 760, Acts of 2021. 5
Article – Public Utilities 6
7–705. 7
(b–1) If an electricity supplier fails to comply with the renewable energy portfolio 8
standard that is required to be derived from post–2022 geothermal systems for the 9
applicable year, the electricity supplier shall pay into the Maryland Strategic Energy 10
Investment Fund established under § 9–20B–05 of the State Government Article a 11
compliance fee of THE FOLLOWING AMOUNT S FOR EACH KILOWATT –HOUR OF 12
SHORTFALL FROM REQUIRED POST –2022 GEOTHERMAL SYSTEMS : 13
(1) 10 cents in 2023 through 2025; 14
(2) 9 cents in 2026; 15
(3) 8 cents in 2027; and 16
(4) 6.5 cents in 2028 and later. 17
DRAFTER’S NOTE: 18
Error: Omitted language in § 7–705(b–1) of the Public Utilities Article. 19
Occurred: Ch. 164, Acts of 2021. Correction suggested by the Attorney General in the 20
Bill Review Letter for H.B. 1007 (Ch. 164) of 2021 (footnote 4), dated May 6, 2021. 21
12–101. 22
(e) “Contract locator” means a person contracted by an owner specifically to 23
determine the approximate horizontal location of the owner’s underground facilities as 24
specified in the ticket issued by the one–call [center] SYSTEM. 25
DRAFTER’S NOTE: 26
Error: Incorrect word usage in § 12–101(e) of the Public Utilities Article. 27
Occurred: Ch. 18, Acts of 2021. 28 30 SENATE BILL 406
12–107. 1
(b) The nine members shall be appointed as follows: 2
(4) one member from a list submitted to the Governor by the one–call 3
[centers] SYSTEMS operating in the State; 4
DRAFTER’S NOTE: 5
Error: Incorrect word usage in § 12–107(b)(4) of the Public Utilities Article. 6
Occurred: Ch. 635, § 3, Acts of 2010. 7
12–121. 8
(c) (1) The owner–member or its contract locator shall: 9
(i) respond to an emergency notice as soon as possible but not later 10
than 2 hours from the transmission of the ticket from the one–call [center] SYSTEM; and 11
(2) The person responsible for the excavation shall be on site or in 12
communication with the owner–member, their contract locator, or their representative 13
within 3 hours after the transmission of the ticket by the one–call [center] SYSTEM, or a 14
mutually agreed response time. 15
DRAFTER’S NOTE: 16
Error: Incorrect word usage in § 12–121(c)(1)(i) and (2) of the Public Utilities Article. 17
Occurred: Ch. 18, Acts of 2021. 18
12–122. 19
(c) (1) The operator of a one–call system shall install and make available an 20
underground facilities information exchange system in its one–call [center] SYSTEM in the 21
State. 22
DRAFTER’S NOTE: 23
Error: Incorrect word usage in § 12–122(c)(1) of the Public Utilities Article. 24
Occurred: Ch. 629, Acts of 2001. 25
12–125. 26
SENATE BILL 406 31
(b) If a person discovers that a mark is obliterated, destroyed, or removed, or 1
observes a visible indication that an underground facility or structure is not marked as 2
required under § 12–126 of this subtitle, the person shall notify the [call center] ONE–CALL 3
SYSTEM to request that all or part of the current scope of work of a valid ticket be 4
re–marked. 5
DRAFTER’S NOTE: 6
Error: Incorrect word usage in § 12–125(b) of the Public Utilities Article. 7
Occurred: Ch. 18, Acts of 2021. 8
12–131. 9
(d) In the case of an obstruction caused by a suspected cross–bore: 10
(1) the person intending to remove the obstruction shall notify the one–call 11
[center] SYSTEM and request a nonexcavation ticket for a suspected cross–bore which will 12
be transmitted to all pertinent owner–members in the geographic area indicated for that 13
ticket; and 14
DRAFTER’S NOTE: 15
Error: Incorrect word usage in § 12–131(d)(1) of the Public Utilities Article. 16
Occurred: Ch. 18, Acts of 2021. 17
Article – Real Property 18
12–102. 19
In this title, property is deemed to be taken: 20
(1) If the plaintiff lawfully is authorized to take the property before trial 21
pursuant to Article III of the [Constitution of the State] MARYLAND CONSTITUTION , or 22
any amendment to it, and the required payment has been made to the defendant or into 23
court, any required security has been given, and the plaintiff has taken possession of the 24
property and actually and lawfully appropriated it to the public purposes of the plaintiff. 25
DRAFTER’S NOTE: 26
Error: Stylistic error in § 12–102(1) of the Real Property Article. 27
Occurred: Ch. 12, § 2, Acts of 1974. 28
12–106. 29
32 SENATE BILL 406
(c) In proceeding under Article III of the [Constitution of the State] MARYLAND 1
CONSTITUTION , or any amendment to it, the plaintiff shall pay interest at the rate of 6 2
percent per annum on any difference between the amount of money initially paid into court 3
for the use of the defendant and the jury award as stated in the inquisition, from the date 4
the money was paid into court to the date of the inquisition or final judgment, whichever 5
date is later. 6
DRAFTER’S NOTE: 7
Error: Stylistic error in § 12–106(c) of the Real Property Article. 8
Occurred: Ch. 12, § 2, Acts of 1974. 9
Article – State Finance and Procurement 10
2–209. 11
(c) (1) The Council consists of the following members: 12
(i) the Director of the Governor’s Grants [Office] OFFICE, or the 13
Director’s designee; 14
(ii) the Chief Procurement [Officer] OFFICER, or the Chief 15
Procurement Officer’s designee; 16
(iii) the State [Treasurer] TREASURER, or the State Treasurer’s 17
designee; 18
(iv) the Attorney [General] GENERAL, or the Attorney General’s 19
designee; 20
(v) the Secretary of Budget and [Management] MANAGEMENT , or 21
the Secretary’s designee; 22
(vi) the Secretary of [Health] HEALTH, or the Secretary’s designee; 23
(vii) the Secretary of Human [Services] SERVICES, or the Secretary’s 24
designee; 25
(viii) the Secretary of Housing and Community [Development] 26
DEVELOPMENT , or the Secretary’s designee; 27
(xiii) the Executive Director of the Governor’s Office of Crime [Control 28
and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; 29
DRAFTER’S NOTE: 30 SENATE BILL 406 33
Error: Omitted commas in § 2–209(c)(1)(i) through (viii) and (xiii) of the State 1
Finance and Procurement Article. Misnomer in § 2–209(c)(1)(xiii) of the State Finance and 2
Procurement Article. 3
Occurred: Chs. 484 and 485, Acts of 2020, and as a result of Ch. 11, Acts of 2020, 4
which renamed the Governor’s Office of Crime Control and Prevention to be the Governor’s 5
Office of Crime Prevention, Youth, and Victim Services. 6
13–102.1. 7
(c) (4) The Fund consists of any fees imposed and collected under paragraph 8
(b)(1) of this [subsection] SECTION and § 13–226(c) of this title. 9
DRAFTER’S NOTE: 10
Error: Erroneous internal reference in § 13–102.1(c)(4) of the State Finance and 11
Procurement Article. 12
Occurred: Ch. 590, Acts of 2017. 13
Article – State Government 14
2–1247. 15
(a) In addition to any duties set forth elsewhere, the Office shall: 16
(6) perform the following duties with respect to the review of expenditures: 17
(iv) evaluate each proposal of a unit of the State government for an 18
appropriation, including any [proposal,] PROPOSAL that: 19
1. is in the proposed State budget; 20
2. is considered with the proposed State budget; or 21
3. involves State financing of a capital improvement; and 22
DRAFTER’S NOTE: 23
Error: Extraneous comma in § 2–1247(a)(6)(iv) of the State Government Article. 24
Occurred: Ch. 598, Acts of 1992. 25
9–1A–24. 26
34 SENATE BILL 406
(b) (4) A video lottery operation licensee may provide food at no cost to 1
individuals to the same extent allowed under [§ 5–303] § 6–310 of the Alcoholic Beverages 2
Article for a person engaged in the sale or barter of spirituous, malt, or intoxicating liquors 3
and licensed under the laws of Maryland. 4
DRAFTER’S NOTE: 5
Error: Erroneous cross–reference in § 9–1A–24(b)(4) of the State Government 6
Article. 7
Occurred: Ch. 228, Acts of 2016. 8
9–1A–36. 9
(g) The Video Lottery Facility Location Commission may not award more than 10
one video lottery [facility] operation license in a single county or Baltimore City. 11
DRAFTER’S NOTE: 12
Error: Extraneous word in § 9–1A–36(g) of the State Government Article. 13
Occurred: Ch. 4, Acts of the Special Session of 2007. 14
9–914.3. 15
(a) All money received by the Trust shall be deposited, as directed by the Trust, 16
in any state or national bank, or federally or [state insured] STATE–INSURED savings and 17
loan associations located in the State having a total paid–in capital of at least $1,000,000. 18
The trust department of any state or national bank or savings and loan association may be 19
designated as a depository to receive any securities acquired or owned by the Trust. The 20
restriction with respect to paid–in capital may be waived for any qualifying bank or savings 21
and loan association that agrees to pledge securities of the state or of the United States to 22
protect the funds and securities of the Trust in amounts and under arrangements 23
acceptable to the Trust. 24
(b) (1) Except as provided in paragraph (2) of this subsection, any money of 25
the Trust, in its discretion and unless otherwise provided in any agreement or covenant 26
between the Trust and the holders of any of its obligations limiting or restricting classes of 27
investments, may be invested in bonds or other obligations of the United States, the State, 28
the political subdivisions or units of the State, direct or indirect federal agencies, corporate 29
bonds with a rating of BAA3/BBB, or [mortgage backed and asset backed] 30
MORTGAGE –BACKED AND ASSET –BACKED securities with a rating of AAA. 31
DRAFTER’S NOTE: 32
Error: Omitted hyphens in § 9–914.3(a) and (b)(1) of the State Government Article. 33
SENATE BILL 406 35
Occurred: Ch. 681, Acts of 2013. 1
9–940. 2
(c) The purpose of the Program is to ensure that: 3
(2) general issues relating to [veterans] VETERANS’ needs are brought to 4
the attention of the Governor and the General Assembly in order for them to be addressed. 5
DRAFTER’S NOTE: 6
Error: Omitted apostrophe in § 9–940(c)(2) of the State Government Article. 7
Occurred: Ch. 290, Acts of 2006. 8
9–1005. 9
(a) (2) The STATE Archivist shall: 10
(i) be knowledgeable in subjects relevant to archival activities; and 11
(ii) possess experience in archival or related fields. 12
DRAFTER’S NOTE: 13
Error: Omitted word in § 9–1005(a)(2) of the State Government Article. 14
Occurred: Ch. 286, § 5, Acts of 1984. 15
9–1007. 16
(a) In addition to any powers set forth elsewhere, the State Archivist may: 17
(1) adopt regulations to: 18
(iv) define the categories of records in the report of the Records 19
Management Division under [§ 10–634] § 10–611 of this article; 20
(3) on request, or at the State Archivist’s discretion, review, evaluate, and 21
make recommendations to the General Assembly regarding State designations under [Title 22
13 of this article] TITLE 7 OF THE GENERAL PROVISIONS ARTICLE. 23
(b) At the request of the President of the Senate, the Speaker of the House, the 24
Chair of the Senate Education, Health, and Environmental Affairs Committee, or the Chair 25
of the House Health and Government Operations Committee, the State Archivist shall 26
review, evaluate, and make recommendations to the General Assembly regarding State 27 36 SENATE BILL 406
designations under [Title 13 of this article] TITLE 7 OF THE GENERAL PROVISIONS 1
ARTICLE. 2
DRAFTER’S NOTE: 3
Error: Obsolete cross–references in § 9–1007(a)(1)(iv) and (3) and (b) of the State 4
Government Article. 5
Occurred: As a result of Ch. 104, Acts of 2014, and Ch. 94, § 2, Acts of 2014. 6
20–1036. 7
(c) (1) In a civil action under subsection (a) of this section, the court may: 8
(i) award preventive relief, including a permanent or temporary 9
injunction, restraining order, or other order against the person responsible for a violation 10
of Subtitle 7 of this title as necessary to [assure] ENSURE the full enjoyment of the rights 11
granted by Subtitle 7 of this title; 12
DRAFTER’S NOTE: 13
Error: Incorrect word usage in § 20–1036(c)(1)(i) of the State Government Article. 14
Occurred: Ch. 120, § 2, Acts of 2009. 15
Article – Transportation 16
25–113. 17
(f) (2) (iv) When the Maryland Statistical Analysis Center updates a 18
filterable data display under this section, the Governor’s Office of Crime [Control and] 19
Prevention, YOUTH, AND VICTIM SERVICES shall provide electronic and written notice 20
of the update to the General Assembly in accordance with § 2–1257 of the State Government 21
Article. 22
DRAFTER’S NOTE: 23
Error: Misnomer in § 25–113(f)(2)(iv) of the Transportation Article. 24
Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 25
of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 26
and Victim Services. 27
Chapter 645 of the Acts of 2021 28
SECTION 8. AND BE IT FURTHER ENACTED, That: 29
SENATE BILL 406 37
(a) Subject to subsection (b) of this section, Section [1] 2 of this Act shall be 1
construed to apply retroactively and shall be applied to and interpreted to affect any 2
qualified conservation completed, and any resulting afforestation or reforestation credits 3
given, to the extent they were approved in good faith under a State or local program as a 4
forest mitigation bank before the effective date of this Act. 5
(b) Nothing in this section requires a State or local program to reevaluate or alter 6
any of its final determinations related to the granting or denial of afforestation or 7
reforestation credits for qualified conservation made before the effective date of this Act. 8
DRAFTER’S NOTE: 9
Error: Erroneous internal reference in Ch. 645, § 8(a), Acts of 2021. 10
Occurred: Ch. 645, § 8, Acts of 2021. 11
SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained 12
in this Act are not law and may not be considered to have been enacted as part of this Act. 13
SECTION 3. AND BE IT FURTHER ENACTED, That the provisions of this Act are 14
intended solely to correct technical errors in the law and there is no intent to revive or 15
otherwise affect law that is the subject of other acts, whether those acts were signed by the 16
Governor prior to or after the signing of this Act. 17
SECTION 4. AND BE IT FURTHER ENACTED, That the pub lishers of the 18
Annotated Code of Maryland, subject to the approval of the Department of Legislative 19
Services, shall make any changes in the text of the Annotated Code necessary to effectuate 20
any termination provision that was enacted by the General Assembly and has taken effect 21
or will take effect prior to October 1, 2022. Any enactment of the 2022 Session of the General 22
Assembly that negates or extends the effect of a previously enacted termination provision 23
shall prevail over the provisions of this section. 24
SECTION 5. AND BE IT FURTHER ENACTED, That the publishers of the 25
Annotated Code of Maryland, in consultation with and subject to the approval of the 26
Department of Legislative Services, shall make nonsubstantive corrections to codification, 27
style, capitalization, punctuation, grammar, spelling, and any reference rendered incorrect 28
or obsolete by an Act of the General Assembly, with no further action required by the 29
General Assembly. The publishers shall adequately describe any such correction in an 30
editor’s note following the section affected. 31
SECTION 6. AND BE IT FURTHER ENACTED, That the publishers of the 32
Annotated Code of Maryland, in consultation with and subject to the approval of the 33
Department of Legislative Services, shall correct all obsolete references to the Veterans 34
Administration rendered incorrect as described in the Drafter’s Note for § 4A–1009(a)(8) of 35
the Corporations and Associations Article, as enacted by this Act. 36
38 SENATE BILL 406
SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency 1
measure, is necessary for the immediate preservation of the public health or safety, has 2
been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
each of the two Houses of the General Assembly, and shall take effect from the date it is 4
enacted. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.