MD
Maryland Senate Bill SB406

Maryland 2022 Regular Session

Maryland Senate Bill SB406 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 135
21
3-– 1 –
4-Chapter 135
5-(Senate Bill 406)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0406*
89
9-Annual Corrective Bill
10+SENATE BILL 406
11+P5 EMERGENCY BILL 2lr1556
1012
11-FOR the purpose of correcting certain errors or omissions in certain articles of the
12-Annotated Code; clarifying language; correcting certain obsolete references;
13-reorganizing certain sections of the Annotated Code; providing that this Act is not
14-intended to affect any law other than to correct technical errors; and providing for
15-the correction of certain errors and obsolete provisions by the publishers of the
16-Annotated Code.
13+By: The President (By Request – Department of Legislative Services)
14+Introduced and read first time: January 24, 2022
15+Assigned to: Rules
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 21, 2022
1719
18-BY repealing and reenacting, with amendments,
19- Article – Alcoholic Beverages
20-Section 9–2004(d)(1)(i) and (e)(1), 25–1604(b)(18) and (19), and 26–1614(a)(8)
21- Annotated Code of Maryland
22- (2016 Volume and 2021 Supplement)
20+CHAPTER ______
2321
24-BY repealing and reenacting, with amendments,
25- Article – Business Occupations and Professions
26-Section 6–103(a)(5) and (b)
27- Annotated Code of Maryland
28- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2923
30-BY repealing and reenacting, with amendments,
31- Article – Corporations and Associations
32-Section 1–202(3), 2–105(c), 2–604(f), 4A–207(c)(3), 4A–1001(a), 4A–1003(3),
33-4A–1009(a)(8), 9A–1002(d)(3), 9A–1102(3), 10–206(b)(3), 10–209(a)(2), and
34-10–903(3)
35- Annotated Code of Maryland
36- (2014 Replacement Volume and 2021 Supplement)
24+Annual Corrective Bill 2
3725
38-BY repealing and reenacting, with amendments,
39- Article – Courts and Judicial Proceedings
40-Section 3–1503(b) and 7–204(a)(2)(ii)1. and (4)(ii)1.
41- Annotated Code of Maryland
42- (2020 Replacement Volume and 2021 Supplement)
26+FOR the purpose of correcting certain errors or omissions in certain articles of the 3
27+Annotated Code; clarifying language; correcting certain obsolete references; 4
28+reorganizing certain sections of the Annotated Code; providing that this Act is not 5
29+intended to affect any law other than to correct technical errors; and providing for 6
30+the correction of certain errors and obsolete provisions by the publishers of the 7
31+Annotated Code. 8
4332
44-BY repealing and reenacting, with amendments,
45- Article – Criminal Procedure
46-Section 17–101(l), 17–102(b)(3), (e), (f)(1)(i) and (2), and (k), 17–103(a)(2),
47-17–104(a)(1), (b)(1), (c)(1), and (e), and 17–105(a)(1)
48- Annotated Code of Maryland
49- (2018 Replacement Volume and 2021 Supplement) Ch. 135 2022 LAWS OF MARYLAND
33+BY repealing and reenacting, with amendments, 9
34+ Article – Alcoholic Beverages 10
35+Section 9–2004(d)(1)(i) and (e)(1), 25–1604(b)(18) and (19), and 26–1614(a)(8) 11
36+ Annotated Code of Maryland 12
37+ (2016 Volume and 2021 Supplement) 13
5038
51-– 2 –
39+BY repealing and reenacting, with amendments, 14
40+ Article – Business Occupations and Professions 15
41+Section 6–103(a)(5) and (b) 16
42+ Annotated Code of Maryland 17
43+ (2018 Replacement Volume and 2021 Supplement) 18
5244
53-BY repealing and reenacting, without amendments,
54- Article – Education
55-Section 3–901(a)(1) and 7–1A–01(a)
56- Annotated Code of Maryland
57- (2018 Replacement Volume and 2021 Supplement)
45+BY repealing and reenacting, with amendments, 19
46+ Article – Corporations and Associations 20 2 SENATE BILL 406
5847
59-BY repealing and reenacting, with amendments,
60- Article – Education
61-Section 3–901(a)(2), 7–1A–01(e), and 7–447.1(d)(14)(i)
62- Annotated Code of Maryland
63- (2018 Replacement Volume and 2021 Supplement)
6448
65-BY repealing
66- Article – Education
67- Section 7–1A–01(d)
68- Annotated Code of Maryland
69- (2018 Replacement Volume and 2021 Supplement)
49+Section 1–202(3), 2–105(c), 2–604(f), 4A–207(c)(3), 4A–1001(a), 4A–1003(3), 1
50+4A–1009(a)(8), 9A–1002(d)(3), 9A–1102(3), 10–206(b)(3), 10–209(a)(2), and 2
51+10–903(3) 3
52+ Annotated Code of Maryland 4
53+ (2014 Replacement Volume and 2021 Supplement) 5
7054
71-BY adding to
72- Article – Education
73- Section 7–1A–01(e)
74- Annotated Code of Maryland
75- (2018 Replacement Volume and 2021 Supplement)
55+BY repealing and reenacting, with amendments, 6
56+ Article – Courts and Judicial Proceedings 7
57+Section 3–1503(b) and 7–204(a)(2)(ii)1. and (4)(ii)1. 8
58+ Annotated Code of Maryland 9
59+ (2020 Replacement Volume and 2021 Supplement) 10
7660
77-BY repealing and reenacting, with amendments,
78- Article – Environment
79-Section 9–1605.2(i)(2)(i)
80- Annotated Code of Maryland
81- (2014 Replacement Volume and 2021 Supplement)
61+BY repealing and reenacting, with amendments, 11
62+ Article – Criminal Procedure 12
63+Section 17–101(l), 17–102(b)(3), (e), (f)(1)(i) and (2), and (k), 17–103(a)(2), 13
64+17–104(a)(1), (b)(1), (c)(1), and (e), and 17–105(a)(1) 14
65+ Annotated Code of Maryland 15
66+ (2018 Replacement Volume and 2021 Supplement) 16
8267
83-BY repealing and reenacting, with amendments,
84- Article – Family Law
85-Section 5–704(a)
86- Annotated Code of Maryland
87- (2019 Replacement Volume and 2021 Supplement)
68+BY repealing and reenacting, without amendments, 17
69+ Article – Education 18
70+Section 3–901(a)(1) and 7–1A–01(a) 19
71+ Annotated Code of Maryland 20
72+ (2018 Replacement Volume and 2021 Supplement) 21
8873
89-BY repealing and reenacting, with amendments,
90- Article – Financial Institutions
91-Section 12–410(e)(3)
92- Annotated Code of Maryland
93- (2020 Replacement Volume and 2021 Supplement)
74+BY repealing and reenacting, with amendments, 22
75+ Article – Education 23
76+Section 3–901(a)(2), 7–1A–01(e), and 7–447.1(d)(14)(i) 24
77+ Annotated Code of Maryland 25
78+ (2018 Replacement Volume and 2021 Supplement) 26
9479
95-BY repealing and reenacting, with amendments,
96- Article – General Provisions
97-Section 4–101(k)(3)(ii) LAWRENCE J. HOGAN, JR., Governor Ch. 135
80+BY repealing 27
81+ Article – Education 28
82+ Section 7–1A–01(d) 29
83+ Annotated Code of Maryland 30
84+ (2018 Replacement Volume and 2021 Supplement) 31
9885
99-– 3 –
100- Annotated Code of Maryland
101- (2019 Replacement Volume and 2021 Supplement)
102-(As enacted by Chapter 658 of the Acts of the General Assembly of 2021)
86+BY adding to 32
87+ Article – Education 33
88+ Section 7–1A–01(e) 34
89+ Annotated Code of Maryland 35
90+ (2018 Replacement Volume and 2021 Supplement) 36
10391
104-BY repealing and reenacting, with amendments,
105- Article – Health – General
106-Section 4–211(d), 19–214.1(c)(2)(ii) and (f)(2)(ii), 19–214.2(i)(2)(iv), 20–1408(a)(2),
107-24–1202(a)(3), and 24–1203(a)
108- Annotated Code of Maryland
109- (2019 Replacement Volume and 2021 Supplement)
92+BY repealing and reenacting, with amendments, 37
93+ Article – Environment 38
94+Section 9–1605.2(i)(2)(i) 39
95+ Annotated Code of Maryland 40 SENATE BILL 406 3
11096
111-BY repealing and reenacting, with amendments,
112- Article – Health – General
113-Section 20–2002(b)
114- Annotated Code of Maryland
115- (2019 Replacement Volume and 2021 Supplement)
116- (As enacted by Chapters 466 and 467 of the Acts of the General Assembly of 2021)
11797
118-BY repealing and reenacting, with amendments,
119- Article – Health Occupations
120-Section 8–508(a)(2)(ii), 12–6D–05(a)(2)(iii), 13–313(a), 14–5B–16(a), 14–5C–19(a),
121-14–5D–16(a), and 15–103(d), (e), and (g)
122- Annotated Code of Maryland
123- (2021 Replacement Volume)
98+ (2014 Replacement Volume and 2021 Supplement) 1
12499
125-BY repealing and reenacting, with amendments,
126- Article – Human Services
127-Section 5–5A–08(c)(1)
128- Annotated Code of Maryland
129- (2019 Replacement Volume and 2021 Supplement)
100+BY repealing and reenacting, with amendments, 2
101+ Article – Family Law 3
102+Section 5–704(a) 4
103+ Annotated Code of Maryland 5
104+ (2019 Replacement Volume and 2021 Supplement) 6
130105
131-BY repealing and reenacting, with amendments,
132- Article – Insurance
133-Section 2–208(a)(3)
134- Annotated Code of Maryland
135- (2017 Replacement Volume and 2021 Supplement)
106+BY repealing and reenacting, with amendments, 7
107+ Article – Financial Institutions 8
108+Section 12–410(e)(3) 9
109+ Annotated Code of Maryland 10
110+ (2020 Replacement Volume and 2021 Supplement) 11
136111
137-BY repealing and reenacting, with amendments,
138- Article – Labor and Employment
139-Section 3–1708(a) and (b)(1) and 8–311.2(c)(2)(ii)
140- Annotated Code of Maryland
141- (2016 Replacement Volume and 2021 Supplement)
112+BY repealing and reenacting, with amendments, 12
113+ Article – General Provisions 13
114+Section 4–101(k)(3)(ii) 14
115+ Annotated Code of Maryland 15
116+ (2019 Replacement Volume and 2021 Supplement) 16
117+(As enacted by Chapter 658 of the Acts of the General Assembly of 2021) 17
142118
143-BY repealing and reenacting, with amendments,
144- Article – Natural Resources
145-Section 3–126(d)(1)(i)5.B. Ch. 135 2022 LAWS OF MARYLAND
119+BY repealing and reenacting, with amendments, 18
120+ Article – Health – General 19
121+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
122+24–1202(a)(3), and 24–1203(a) 21
123+ Annotated Code of Maryland 22
124+ (2019 Replacement Volume and 2021 Supplement) 23
146125
147-– 4 –
148- Annotated Code of Maryland
149- (2018 Replacement Volume and 2021 Supplement)
126+BY repealing and reenacting, with amendments, 24
127+ Article – Health – General 25
128+Section 20–2002(b) 26
129+ Annotated Code of Maryland 27
130+ (2019 Replacement Volume and 2021 Supplement) 28
131+ (As enacted by Chapters 466 and 467 of the Acts of the General Assembly of 2021) 29
150132
151-BY repealing and reenacting, with amendments,
152- Article – Public Safety
153-Section 2–315(c)(7), 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3), and
154-12–203(f)(6)(iii)4.
155- Annotated Code of Maryland
156- (2018 Replacement Volume and 2021 Supplement)
133+BY repealing and reenacting, with amendments, 30
134+ Article – Health Occupations 31
135+Section 8–508(a)(2)(ii), 12–6D–05(a)(2)(iii), 13–313(a), 14–5B–16(a), 14–5C–19(a), 32
136+14–5D–16(a), and 15–103(d), (e), and (g) 33
137+ Annotated Code of Maryland 34
138+ (2021 Replacement Volume) 35
157139
158-BY repealing and reenacting, with amendments,
159- Article – Public Utilities
160-Section 7–705(b–1), 12–101(e), 12–107(b)(4), 12–121(c)(1)(i) and (2), 12–122(c)(1),
161-12–125(b), and 12–131(d)(1)
162- Annotated Code of Maryland
163- (2020 Replacement Volume and 2021 Supplement)
140+BY repealing and reenacting, with amendments, 36
141+ Article – Human Services 37
142+Section 5–5A–08(c)(1) 38
143+ Annotated Code of Maryland 39
144+ (2019 Replacement Volume and 2021 Supplement) 40 4 SENATE BILL 406
164145
165-BY repealing and reenacting, with amendments,
166- Article – Real Property
167-Section 12–102(1) and 12–106(c)
168- Annotated Code of Maryland
169- (2015 Replacement Volume and 2021 Supplement)
170146
171-BY repealing and reenacting, with amendments,
172- Article – State Finance and Procurement
173-Section 2–209(c)(1)(i) through (viii) and (xiii) and 13–102.1(c)(4)
174- Annotated Code of Maryland
175- (2021 Replacement Volume)
176147
177-BY repealing and reenacting, with amendments,
178- Article – State Government
179-Section 2–1247(a)(6)(iv), 9–1A–24(b)(4), 9–1A–36(g), 9–914.3(a) and (b)(1),
180-9–940(c)(2), 9–1005(a)(2), 9–1007(a)(1)(iv) and (3) and (b) , and
181-20–1036(c)(1)(i)
182- Annotated Code of Maryland
183- (2021 Replacement Volume)
148+BY repealing and reenacting, with amendments, 1
149+ Article – Insurance 2
150+Section 2–208(a)(3) 3
151+ Annotated Code of Maryland 4
152+ (2017 Replacement Volume and 2021 Supplement) 5
184153
185-BY repealing and reenacting, with amendments,
186- Article – Transportation
187-Section 25–113(f)(2)(iv)
188- Annotated Code of Maryland
189- (2020 Replacement Volume and 2021 Supplement)
154+BY repealing and reenacting, with amendments, 6
155+ Article – Labor and Employment 7
156+Section 3–1708(a) and (b)(1) and 8–311.2(c)(2)(ii) 8
157+ Annotated Code of Maryland 9
158+ (2016 Replacement Volume and 2021 Supplement) 10
190159
191-BY repealing and reenacting, with amendments,
192- Chapter 645 of the Acts of the General Assembly of 2021
193-Section 8 LAWRENCE J. HOGAN, JR., Governor Ch. 135
160+BY repealing and reenacting, with amendments, 11
161+ Article – Natural Resources 12
162+Section 3–126(d)(1)(i)5.B. 13
163+ Annotated Code of Maryland 14
164+ (2018 Replacement Volume and 2021 Supplement) 15
194165
195-– 5 –
166+BY repealing and reenacting, with amendments, 16
167+ Article – Public Safety 17
168+Section 2–315(c)(7), 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3), and 18
169+12–203(f)(6)(iii)4. 19
170+ Annotated Code of Maryland 20
171+ (2018 Replacement Volume and 2021 Supplement) 21
196172
197- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
198-That the Laws of Maryland read as follows:
173+BY repealing and reenacting, with amendments, 22
174+ Article – Public Utilities 23
175+Section 7–705(b–1), 12–101(e), 12–107(b)(4), 12–121(c)(1)(i) and (2), 12–122(c)(1), 24
176+12–125(b), and 12–131(d)(1) 25
177+ Annotated Code of Maryland 26
178+ (2020 Replacement Volume and 2021 Supplement) 27
199179
200-Article – Alcoholic Beverages
180+BY repealing and reenacting, with amendments, 28
181+ Article – Real Property 29
182+Section 12–102(1) and 12–106(c) 30
183+ Annotated Code of Maryland 31
184+ (2015 Replacement Volume and 2021 Supplement) 32
201185
202-9–2004.
186+BY repealing and reenacting, with amendments, 33
187+ Article – State Finance and Procurement 34
188+Section 2–209(c)(1)(i) through (viii) and (xiii) and 13–102.1(c)(4) 35
189+ Annotated Code of Maryland 36
190+ (2021 Replacement Volume) 37
203191
204- (d) (1) Except as provided in § 9–2005 of this subtitle for December 31 and
205-January 1, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and
206-liquor:
192+BY repealing and reenacting, with amendments, 38
193+ Article – State Government 39 SENATE BILL 406 5
207194
208- (i) on Monday through Saturday, for on–premises and off–premises
209-consumption, from 7 a.m. to 2 a.m. the following day; AND
210195
211- (e) (1) Except as provided in § 9–2005 of this subtitle for December 31 and
212-January 1, a holder of a Class D beer, wine, and liquor license may sell beer, wine, and
213-liquor:
196+Section 2–1247(a)(6)(iv), 9–1A–24(b)(4), 9–1A–36(g), 9–914.3(a) and (b)(1), 1
197+9–940(c)(2), 9–1005(a)(2), 9–1007(a)(1)(iv) and (3) and (b), and 2
198+20–1036(c)(1)(i) 3
199+ Annotated Code of Maryland 4
200+ (2021 Replacement Volume) 5
214201
215- (i) on Monday through Saturday, for on–premises and off–premises
216-consumption, from 7 a.m. to 2 a.m. the following day; AND
202+BY repealing and reenacting, with amendments, 6
203+ Article – Transportation 7
204+Section 25–113(f)(2)(iv) 8
205+ Annotated Code of Maryland 9
206+ (2020 Replacement Volume and 2021 Supplement) 10
217207
218- (ii) on Sunday[,]:
208+BY repealing and reenacting, with amendments, 11
209+ Chapter 645 of the Acts of the General Assembly of 2021 12
210+Section 8 13
219211
220- 1. from 11 a.m. to 2 a.m. the following day if the holder pays
221-an additional fee of $250; or
212+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
213+That the Laws of Maryland read as follows: 15
222214
223- [(iii)] 2. in accordance with a 2–day Sunday sales permit issued
224-under paragraph (2) of this subsection.
215+Article – Alcoholic Beverages 16
225216
226- DRAFTER’S NOTE:
217+9–2004. 17
227218
228- Error: Omitted conjunctions in § 9–2004(d)(1)(i) and (e)(1)(i) of the Alcoholic
229-Beverages Article. Tabulation error in § 9–2004(e)(1)(ii) of the Alcoholic Beverages Article.
219+ (d) (1) Except as provided in § 9–2005 of this subtitle for December 31 and 18
220+January 1, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and 19
221+liquor: 20
230222
231- Occurred: Ch. 41, § 2, Acts of 2016.
223+ (i) on Monday through Saturday, for on–premises and off–premises 21
224+consumption, from 7 a.m. to 2 a.m. the following day; AND 22
232225
233-25–1604.
226+ (e) (1) Except as provided in § 9–2005 of this subtitle for December 31 and 23
227+January 1, a holder of a Class D beer, wine, and liquor license may sell beer, wine, and 24
228+liquor: 25
234229
235- (b) Except as otherwise provided in this section, the Board may issue, renew,
236-approve the transfer of, and otherwise provide for:
230+ (i) on Monday through Saturday, for on–premises and off–premises 26
231+consumption, from 7 a.m. to 2 a.m. the following day; AND 27
237232
238- (18) in accordance with § 25–1103 of this title, a refillable container permit
239-for draft beer for A Class D–K license; and
240- Ch. 135 2022 LAWS OF MARYLAND
233+ (ii) on Sunday[,]: 28
241234
242-– 6 –
243- (19) in accordance with § 25–1104 of this title, a refillable container permit
244-for wine for A Class D–K license.
235+ 1. from 11 a.m. to 2 a.m. the following day if the holder pays 29
236+an additional fee of $250; or 30
245237
246- DRAFTER’S NOTE:
238+ [(iii)] 2. in accordance with a 2–day Sunday sales permit issued 31
239+under paragraph (2) of this subsection. 32
247240
248- Error: Omitted article in § 25–1604(b)(18) and (19) of the Alcoholic Beverages Article.
241+ DRAFTER’S NOTE: 33 6 SENATE BILL 406
249242
250- Occurred: Ch. 349, Acts of 2020.
251243
252-26–1614.
253244
254- (a) The Board may issue:
245+ Error: Omitted conjunctions in § 9–2004(d)(1)(i) and (e)(1)(i) of the Alcoholic 1
246+Beverages Article. Tabulation error in § 9–2004(e)(1)(ii) of the Alcoholic Beverages Article. 2
255247
256- (8) up to five Class B–DD (Development District) licenses to restaurants
257-located within the Karington [mixed–used] MIXED–USE development, located in the
258-southwest quadrant of the intersection of MD–214/Central Avenue and US–301/Crain
259-Highway;
248+ Occurred: Ch. 41, § 2, Acts of 2016. 3
260249
261- DRAFTER’S NOTE:
250+25–1604. 4
262251
263- Error: Spelling error in § 26–1614(a)(8) of the Alcoholic Beverages Article.
252+ (b) Except as otherwise provided in this section, the Board may issue, renew, 5
253+approve the transfer of, and otherwise provide for: 6
264254
265- Occurred: Ch. 730, Acts of 2016.
255+ (18) in accordance with § 25–1103 of this title, a refillable container permit 7
256+for draft beer for A Class D–K license; and 8
266257
267-Article – Business Occupations and Professions
258+ (19) in accordance with § 25–1104 of this title, a refillable container permit 9
259+for wine for A Class D–K license. 10
268260
269-6–103.
261+ DRAFTER’S NOTE: 11
270262
271- (a) This title does not affect the right of any local jurisdiction of the State:
263+ Error: Omitted article in § 25–1604(b)(18) and (19) of the Alcoholic Beverages Article. 12
272264
273- (5) to collect, from a person who is [licensed] REGISTERED with a local
274-board, fees for:
265+ Occurred: Ch. 349, Acts of 2020. 13
275266
276- (i) an examination for a registration to provide electrical services;
267+26–1614. 14
277268
278- (ii) issuance and renewal of the registration; or
269+ (a) The Board may issue: 15
279270
280- (iii) an inspection.
271+ (8) up to five Class B–DD (Development District) licenses to restaurants 16
272+located within the Karington [mixed–used] MIXED–USE development, located in the 17
273+southwest quadrant of the intersection of MD–214/Central Avenue and US–301/Crain 18
274+Highway; 19
281275
282- (b) If a local jurisdiction [licenses] REGISTERS any class of electricians other
283-than master electricians, journeyperson electricians, or apprentice electricians, that class
284-is also under the control and supervision of the local board.
276+ DRAFTER’S NOTE: 20
285277
286- DRAFTER’S NOTE:
287- LAWRENCE J. HOGAN, JR., Governor Ch. 135
278+ Error: Spelling error in § 26–1614(a)(8) of the Alcoholic Beverages Article. 21
288279
289-– 7 –
290- Error: Incorrect word usage in § 6–103(a)(5) and (b) of the Business Occupations and
291-Professions Article.
280+ Occurred: Ch. 730, Acts of 2016. 22
292281
293- Occurred: Ch. 708, Acts of 2021. Correction suggested by the Attorney General in the
294-Bill Review Letter for S.B. 762 (Ch. 708) of 2021 (footnote 5), dated May 6, 2021.
282+Article – Business Occupations and Professions 23
295283
296-Article – Corporations and Associations
284+6–103. 24
297285
298-1–202.
286+ (a) This title does not affect the right of any local jurisdiction of the State: 25
299287
300- When the Department accepts for record any charter document or any document
301-designating or changing the name or address of a resident agent or principal office of a
302-Maryland corporation, the Department shall:
288+ (5) to collect, from a person who is [licensed] REGISTERED with a local 26
289+board, fees for: 27
290+ SENATE BILL 406 7
303291
304- (3) [(i)] Send an acknowledgment to the corporation, its attorney, or its
305-agent stating the date and time that the document was accepted for record[; and
306292
307- (ii) Unless the corporation, its attorney, or its agent at the time of
308-filing declines the return, return the document on payment of the fee provided in §
309-1–203(b)(10) of this subtitle].
293+ (i) an examination for a registration to provide electrical services; 1
310294
311- DRAFTER’S NOTE:
295+ (ii) issuance and renewal of the registration; or 2
312296
313- Error: Obsolete cross–reference in § 1–202(3)(ii) of the Corporations and Associations
314-Article.
297+ (iii) an inspection. 3
315298
316- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
299+ (b) If a local jurisdiction [licenses] REGISTERS any class of electricians other 4
300+than master electricians, journeyperson electricians, or apprentice electricians, that class 5
301+is also under the control and supervision of the local board. 6
317302
318-2–105.
303+ DRAFTER’S NOTE: 7
319304
320- (c) Notwithstanding subsection [(a)(12)] (A)(13) of this section, the board of
321-directors of a corporation that is registered or intends to register as an open–end company
322-under the Investment Company Act of 1940, after the registration as an open–end company
323-takes effect, may increase or decrease the aggregate number of shares of stock or the
324-number of shares of stock of any class that the corporation has authority to issue, unless a
325-provision has been included in the charter of the corporation after July 1, 1987 prohibiting
326-an action by the board of directors to increase or decrease the aggregate number of shares
327-of stock or the number of shares of stock of any class that the corporation has authority to
328-issue.
305+ Error: Incorrect word usage in § 6–103(a)(5) and (b) of the Business Occupations and 8
306+Professions Article. 9
329307
330- DRAFTER’S NOTE:
308+ Occurred: Ch. 708, Acts of 2021. Correction suggested by the Attorney General in the 10
309+Bill Review Letter for S.B. 762 (Ch. 708) of 2021 (footnote 5), dated May 6, 2021. 11
331310
332- Error: Erroneous internal reference in § 2–105(c) of the Corporations and
333-Associations Article.
311+Article – Corporations and Associations 12
334312
335- Occurred: As a result of Chs. 95 and 96, Acts of 2010. Ch. 135 2022 LAWS OF MARYLAND
313+1–202. 13
336314
337-– 8 –
315+ When the Department accepts for record any charter document or any document 14
316+designating or changing the name or address of a resident agent or principal office of a 15
317+Maryland corporation, the Department shall: 16
338318
339-2–604.
319+ (3) [(i)] Send an acknowledgment to the corporation, its attorney, or its 17
320+agent stating the date and time that the document was accepted for record[; and 18
340321
341- (f) Except as provided in subsection (b) of this section, the proposed amendment
342-shall be approved by the stockholders of the corporation by the affirmative vote of [two
343-thirds] TWO–THIRDS of all the votes entitled to be cast on the matter.
322+ (ii) Unless the corporation, its attorney, or its agent at the time of 19
323+filing declines the return, return the document on payment of the fee provided in § 20
324+1–203(b)(10) of this subtitle]. 21
344325
345- DRAFTER’S NOTE:
326+ DRAFTER’S NOTE: 22
346327
347- Error: Stylistic error in § 2–604(f) of the Corporations and Associations Article.
328+ Error: Obsolete cross–reference in § 1–202(3)(ii) of the Corporations and Associations 23
329+Article. 24
348330
349- Occurred: Ch. 311, Acts of 1975.
331+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 25
350332
351-4A–207.
333+2–105. 26
352334
353- (c) When the Department accepts for record any articles, certificate, or other
354-document, the Department shall:
335+ (c) Notwithstanding subsection [(a)(12)] (A)(13) of this section, the board of 27
336+directors of a corporation that is registered or intends to register as an open–end company 28
337+under the Investment Company Act of 1940, after the registration as an open–end company 29
338+takes effect, may increase or decrease the aggregate number of shares of stock or the 30
339+number of shares of stock of any class that the corporation has authority to issue, unless a 31 8 SENATE BILL 406
355340
356- (3) [(i)] Send an acknowledgment to the limited liability company, its
357-attorney, or its agent stating the date and time that the document was accepted for record[;
358-and
359341
360- (ii) Unless the limited liability company, its attorney, or its agent at
361-the time of filing declines the return, return the document on payment of the fee provided
362-in § 1–203(b)(10) of this article].
342+provision has been included in the charter of the corporation after July 1, 1987 prohibiting 1
343+an action by the board of directors to increase or decrease the aggregate number of shares 2
344+of stock or the number of shares of stock of any class that the corporation has authority to 3
345+issue. 4
363346
364- DRAFTER’S NOTE:
347+ DRAFTER’S NOTE: 5
365348
366- Error: Obsolete cross–reference in § 4A–207(c)(3)(ii) of the Corporations and
367-Associations Article.
349+ Error: Erroneous internal reference in § 2–105(c) of the Corporations and 6
350+Associations Article. 7
368351
369- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
352+ Occurred: As a result of Chs. 95 and 96, Acts of 2010. 8
370353
371-4A–1001.
354+2–604. 9
372355
373- (a) Subject to the [Constitution of this State] MARYLAND CONSTITUTION :
356+ (f) Except as provided in subsection (b) of this section, the proposed amendment 10
357+shall be approved by the stockholders of the corporation by the affirmative vote of [two 11
358+thirds] TWO–THIRDS of all the votes entitled to be cast on the matter. 12
374359
375- (1) The laws of the state under which a foreign limited liability company is
376-organized govern its organization, internal affairs, and the liability of its members; and
360+ DRAFTER’S NOTE: 13
377361
378- (2) A foreign limited liability company may not be denied registration by
379-reason of any difference between those laws and the laws of this State.
362+ Error: Stylistic error in § 2–604(f) of the Corporations and Associations Article. 14
380363
381- DRAFTER’S NOTE:
364+ Occurred: Ch. 311, Acts of 1975. 15
382365
383- Error: Stylistic error in § 4A–1001(a) of the Corporations and Associations Article. LAWRENCE J. HOGAN, JR., Governor Ch. 135
366+4A–207. 16
384367
385-– 9 –
368+ (c) When the Department accepts for record any articles, certificate, or other 17
369+document, the Department shall: 18
386370
387- Occurred: Ch. 536, Acts of 1992.
371+ (3) [(i)] Send an acknowledgment to the limited liability company, its 19
372+attorney, or its agent stating the date and time that the document was accepted for record[; 20
373+and 21
388374
389-4A–1003.
375+ (ii) Unless the limited liability company, its attorney, or its agent at 22
376+the time of filing declines the return, return the document on payment of the fee provided 23
377+in § 1–203(b)(10) of this article]. 24
390378
391- If the Department finds that an application for registration meets the requirements
392-of this title and all required fees have been paid, it shall:
379+ DRAFTER’S NOTE: 25
393380
394- (3) [(i)] Send an acknowledgment to the person who filed the application
395-or a representative of the person who filed the application stating the date and time that
396-the document was accepted for record[; and
381+ Error: Obsolete cross–reference in § 4A–207(c)(3)(ii) of the Corporations and 26
382+Associations Article. 27
397383
398- (ii) Unless the person who filed the application or the person’s
399-representative at the time of filing declines the return, return the document on payment of
400-the fee provided in § 1–203(b)(10) of this article].
384+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 28
401385
402- DRAFTER’S NOTE:
386+4A–1001. 29
387+ SENATE BILL 406 9
403388
404- Error: Obsolete cross–reference in § 4A–1003(3)(ii) of the Corporations and
405-Associations Article.
406389
407- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
390+ (a) Subject to the [Constitution of this State] MARYLAND CONSTITUTION : 1
408391
409-4A–1009.
392+ (1) The laws of the state under which a foreign limited liability company is 2
393+organized govern its organization, internal affairs, and the liability of its members; and 3
410394
411- (a) In addition to any other activities which may not constitute doing business in
412-this State, for the purposes of this title, the following activities of a foreign limited liability
413-company do not constitute doing business in this State:
395+ (2) A foreign limited liability company may not be denied registration by 4
396+reason of any difference between those laws and the laws of this State. 5
414397
415- (8) Selling or transferring title to property in this State so acquired to any
416-person, including the Federal Housing Administration or the [Veterans Administration]
417-U.S. DEPARTMENT OF VETERANS AFFAIRS.
398+ DRAFTER’S NOTE: 6
418399
419- DRAFTER’S NOTE:
400+ Error: Stylistic error in § 4A–1001(a) of the Corporations and Associations Article. 7
420401
421- Error: Misnomer in § 4A–1009(a)(8) of the Corporations and Associations Article.
402+ Occurred: Ch. 536, Acts of 1992. 8
422403
423- Occurred: As a result of the federal Department of Veterans Affairs Act of 1988,
424-which renamed the Veterans Administration to the U.S. Department of Veterans Affairs.
404+4A–1003. 9
425405
426-9A–1002.
406+ If the Department finds that an application for registration meets the requirements 10
407+of this title and all required fees have been paid, it shall: 11
427408
428- (d) When the Department accepts for record any certificate or other document,
429-the Department shall:
430- Ch. 135 2022 LAWS OF MARYLAND
409+ (3) [(i)] Send an acknowledgment to the person who filed the application 12
410+or a representative of the person who filed the application stating the date and time that 13
411+the document was accepted for record[; and 14
431412
432-– 10 –
433- (3) [(i)] Send an acknowledgment to the limited liability partnership, its
434-attorney, or its agent stating the date and time that the document was accepted for record[;
435-and
413+ (ii) Unless the person who filed the application or the person’s 15
414+representative at the time of filing declines the return, return the document on payment of 16
415+the fee provided in § 1–203(b)(10) of this article]. 17
436416
437- (ii) Unless the limited liability partnership, its attorney, or its agent
438-at the time of filing declines the return, return the document on payment of the fee provided
439-in § 1–203(b)(10) of this article].
417+ DRAFTER’S NOTE: 18
440418
441- DRAFTER’S NOTE:
419+ Error: Obsolete cross–reference in § 4A–1003(3)(ii) of the Corporations and 19
420+Associations Article. 20
442421
443- Error: Obsolete cross–reference in § 9A–1002(d)(3)(ii) of the Corporations and
444-Associations Article.
422+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 21
445423
446- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
424+4A–1009. 22
447425
448-9A–1102.
426+ (a) In addition to any other activities which may not constitute doing business in 23
427+this State, for the purposes of this title, the following activities of a foreign limited liability 24
428+company do not constitute doing business in this State: 25
449429
450- If the Department finds that an application for registration meets the requirements
451-of this subtitle and all required fees have been paid, it shall:
430+ (8) Selling or transferring title to property in this State so acquired to any 26
431+person, including the Federal Housing Administration or the [Veterans Administration] 27
432+U.S. DEPARTMENT OF VETERANS AFFAIRS. 28
452433
453- (3) [(i)] Send an acknowledgment to the person who filed the application
454-or a representative of the person who filed the application stating the date and time that
455-the document was accepted for record[; and
434+ DRAFTER’S NOTE: 29
435+ 10 SENATE BILL 406
456436
457- (ii) Unless the person who filed the application or the person’s
458-representative at the time of filing declines the return, return the document on payment of
459-the fee provided in § 1–203(b)(10) of this article].
460437
461- DRAFTER’S NOTE:
438+ Error: Misnomer in § 4A–1009(a)(8) of the Corporations and Associations Article. 1
462439
463- Error: Obsolete cross–reference in § 9A–1102(3)(ii) of the Corporations and
464-Associations Article.
440+ Occurred: As a result of the federal Department of Veterans Affairs Act of 1988, 2
441+which renamed the Veterans Administration to the U.S. Department of Veterans Affairs. 3
465442
466- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
443+9A–1002. 4
467444
468-10–206.
445+ (d) When the Department accepts for record any certificate or other document, 5
446+the Department shall: 6
469447
470- (b) When the Department accepts for record any certificate, the Department
471-shall:
448+ (3) [(i)] Send an acknowledgment to the limited liability partnership, its 7
449+attorney, or its agent stating the date and time that the document was accepted for record[; 8
450+and 9
472451
473- (3) [(i)] Send an acknowledgment to the partnership, its attorney, or its
474-agent stating the date and time that the document was accepted for record[; and
475- LAWRENCE J. HOGAN, JR., Governor Ch. 135
452+ (ii) Unless the limited liability partnership, its attorney, or its agent 10
453+at the time of filing declines the return, return the document on payment of the fee provided 11
454+in § 1–203(b)(10) of this article]. 12
476455
477-– 11 –
478- (ii) Unless the partnership, its attorney, or its agent at the time of
479-filing declines the return, return the document on payment of the fee provided in §
480-1–203(b)(10) of this article].
456+ DRAFTER’S NOTE: 13
481457
482- DRAFTER’S NOTE:
458+ Error: Obsolete cross–reference in § 9A–1002(d)(3)(ii) of the Corporations and 14
459+Associations Article. 15
483460
484- Error: Obsolete cross–reference in § 10–206(b)(3)(ii) of the Corporations and
485-Associations Article.
461+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 16
486462
487- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
463+9A–1102. 17
488464
489-10–209.
465+ If the Department finds that an application for registration meets the requirements 18
466+of this subtitle and all required fees have been paid, it shall: 19
490467
491- (a) (2) When the Comptroller certifies the list [of] TO the Department, the
492-Comptroller shall mail to each listed limited partnership, at its address as it appears on
493-the Comptroller’s records, a notice that its right to do business in Maryland and the right
494-to the use of its name will be forfeited unless all taxes, interest, and penalties due by it are
495-paid.
468+ (3) [(i)] Send an acknowledgment to the person who filed the application 20
469+or a representative of the person who filed the application stating the date and time that 21
470+the document was accepted for record[; and 22
496471
497- DRAFTER’S NOTE:
472+ (ii) Unless the person who filed the application or the person’s 23
473+representative at the time of filing declines the return, return the document on payment of 24
474+the fee provided in § 1–203(b)(10) of this article]. 25
498475
499- Error: Incorrect word usage in § 10–209(a)(2) of the Corporations and Associations
500-Article.
476+ DRAFTER’S NOTE: 26
501477
502- Occurred: Ch. 295, Acts of 1995.
478+ Error: Obsolete cross–reference in § 9A–1102(3)(ii) of the Corporations and 27
479+Associations Article. 28
503480
504-10–903.
481+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 29
505482
506- If the Department finds that an application for registration meets the requirements
507-of this title and all required fees have been paid, it shall:
483+10–206. 30 SENATE BILL 406 11
508484
509- (3) [(i)] Send an acknowledgment to the person who filed the application
510-or his representative stating the date and time that the document was accepted for record[;
511-and
512485
513- (ii) Unless the person who filed the application or the person’s
514-representative at the time of filing declines the return, return the document on payment of
515-the fee provided in § 1–203(b)(10) of this article].
516486
517- DRAFTER’S NOTE:
487+ (b) When the Department accepts for record any certificate, the Department 1
488+shall: 2
518489
519- Error: Obsolete cross–reference in § 10–903(3)(ii) of the Corporations and
520-Associations Article.
490+ (3) [(i)] Send an acknowledgment to the partnership, its attorney, or its 3
491+agent stating the date and time that the document was accepted for record[; and 4
521492
522- Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee.
523- Ch. 135 2022 LAWS OF MARYLAND
493+ (ii) Unless the partnership, its attorney, or its agent at the time of 5
494+filing declines the return, return the document on payment of the fee provided in § 6
495+1–203(b)(10) of this article]. 7
524496
525-– 12 –
526-Article – Courts and Judicial Proceedings
497+ DRAFTER’S NOTE: 8
527498
528-3–1503.
499+ Error: Obsolete cross–reference in § 10–206(b)(3)(ii) of the Corporations and 9
500+Associations Article. 10
529501
530- (b) [(1)] The petition shall:
502+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 11
531503
532- [(i)] (1) Be under oath and provide notice to the petitioner that an
533-individual who knowingly provides false information in the petition is guilty of a
534-misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this
535-section;
504+10–209. 12
536505
537- [(ii)] (2) Subject to the provisions of subsection (c) of this section,
538-contain the address of the petitioner or the petitioner’s employee; and
506+ (a) (2) When the Comptroller certifies the list [of] TO the Department, the 13
507+Comptroller shall mail to each listed limited partnership, at its address as it appears on 14
508+the Comptroller’s records, a notice that its right to do business in Maryland and the right 15
509+to the use of its name will be forfeited unless all taxes, interest, and penalties due by it are 16
510+paid. 17
539511
540- [(iii)] (3) Include all information known to the petitioner of:
512+ DRAFTER’S NOTE: 18
541513
542- [1.] (I) The nature and extent of the act specified in
543-subsection (a) of this section for which the relief is being sought, including information
544-known to the petitioner concerning previous harm or injury resulting from an act specified
545-in subsection (a) of this section by the respondent;
514+ Error: Incorrect word usage in § 10–209(a)(2) of the Corporations and Associations 19
515+Article. 20
546516
547- [2.] (II) Each previous and pending action between the
548-parties in any court; and
517+ Occurred: Ch. 295, Acts of 1995. 21
549518
550- [3.] (III) The whereabouts of the respondent.
519+10–903. 22
551520
552- DRAFTER’S NOTE:
521+ If the Department finds that an application for registration meets the requirements 23
522+of this title and all required fees have been paid, it shall: 24
553523
554- Error: Tabulation error in § 3–1503(b) of the Courts Article.
524+ (3) [(i)] Send an acknowledgment to the person who filed the application 25
525+or his representative stating the date and time that the document was accepted for record[; 26
526+and 27
555527
556- Occurred: Ch. 404, Acts of 1999.
528+ (ii) Unless the person who filed the application or the person’s 28
529+representative at the time of filing declines the return, return the document on payment of 29
530+the fee provided in § 1–203(b)(10) of this article]. 30
531+ 12 SENATE BILL 406
557532
558-7–204.
559533
560- (a) (2) The Clerk of the Circuit Court for Baltimore County shall:
534+ DRAFTER’S NOTE: 1
561535
562- (ii) Charge as costs the following fee for docketing the appearance of
563-counsel when bringing or defending a criminal action:
536+ Error: Obsolete cross–reference in § 10–903(3)(ii) of the Corporations and 2
537+Associations Article. 3
564538
565- 1. If the punishment for the offense charged is [death or]
566-confinement in the State penitentiary, a $20 fee; and
539+ Occurred: As a result of Ch. 44, Acts of 2018, which repealed the fee. 4
567540
568- (4) The Clerk of the Circuit Court for Baltimore City shall:
569- LAWRENCE J. HOGAN, JR., Governor Ch. 135
541+Article – Courts and Judicial Proceedings 5
570542
571-– 13 –
572- (ii) Charge as costs the following fee for docketing the appearance of
573-counsel when bringing or defending a criminal action:
543+3–1503. 6
574544
575- 1. If the punishment for the offense charged is [death or]
576-confinement in the State penitentiary, a $20 fee; and
545+ (b) [(1)] The petition shall: 7
577546
578- DRAFTER’S NOTE:
547+ [(i)] (1) Be under oath and provide notice to the petitioner that an 8
548+individual who knowingly provides false information in the petition is guilty of a 9
549+misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this 10
550+section; 11
579551
580- Error: Obsolete term in § 7–204(a)(2)(ii)1 and (4)(ii)1 of the Courts Article.
552+ [(ii)] (2) Subject to the provisions of subsection (c) of this section, 12
553+contain the address of the petitioner or the petitioner’s employee; and 13
581554
582- Occurred: As a result of Ch. 156, Acts of 2013, which repealed the death penalty.
555+ [(iii)] (3) Include all information known to the petitioner of: 14
583556
584-Article – Criminal Procedure
557+ [1.] (I) The nature and extent of the act specified in 15
558+subsection (a) of this section for which the relief is being sought, including information 16
559+known to the petitioner concerning previous harm or injury resulting from an act specified 17
560+in subsection (a) of this section by the respondent; 18
585561
586-17–101.
562+ [2.] (II) Each previous and pending action between the 19
563+parties in any court; and 20
587564
588- (l) “STR DNA profile” means a genetic profile that examines genetic locations on
589-the non–sex chromosomes that are used for the statewide DNA [data base] DATABASE
590-system or the national DNA [data base] DATABASE system.
565+ [3.] (III) The whereabouts of the respondent. 21
591566
592- DRAFTER’S NOTE:
567+ DRAFTER’S NOTE: 22
593568
594- Error: Stylistic error in § 17–101(l) of the Criminal Procedure Article.
569+ Error: Tabulation error in § 3–1503(b) of the Courts Article. 23
595570
596- Occurred: Chs. 681 and 682, Acts of 2021.
571+ Occurred: Ch. 404, Acts of 1999. 24
597572
598-17–102.
573+7–204. 25
599574
600- (b) A sworn affidavit shall be submitted by a law enforcement agent with approval
601-of a prosecutor from the relevant jurisdiction asserting that:
575+ (a) (2) The Clerk of the Circuit Court for Baltimore County shall: 26
602576
603- (3) an STR DNA profile has already been developed from the forensic
604-sample, was entered into the statewide DNA [data base] DATABASE system and the
605-national DNA [data base] DATABASE system, and failed to identify a known individual;
606-and
577+ (ii) Charge as costs the following fee for docketing the appearance of 27
578+counsel when bringing or defending a criminal action: 28
579+ SENATE BILL 406 13
607580
608- (e) The laboratory conducting SNP or other sequencing–based testing and the
609-genetic genealogist participating in FGGS shall be licensed by the Office of Health Care
610-Quality in accordance with § 17–104 of this [subtitle] TITLE.
611581
612- (f) (1) (i) Subject to subparagraph (ii) of this paragraph, informed consent
613-in writing shall be obtained from any third party whose DNA sample is sought for the
614-purpose of assisting [a] AN FGGS and all statements made in obtaining the informed
615-consent shall be documented from beginning to end by video or audio recording.
616- Ch. 135 2022 LAWS OF MARYLAND
582+ 1. If the punishment for the offense charged is [death or] 1
583+confinement in the State penitentiary, a $20 fee; and 2
617584
618-– 14 –
619- (2) The person obtaining the informed consent shall have training from a
620-genetic counselor approved by the Office of Health Care Quality under § 17–104 of this
621-[subtitle] TITLE within 1 year after the Office of Health Care Quality has identified and
622-approved a genetic counselor or within 1 year after the person joins the investigative unit
623-conducting the investigation, whichever is later.
585+ (4) The Clerk of the Circuit Court for Baltimore City shall: 3
624586
625- (k) A person whose genetic genealogy information, FGG profile, or DNA sample
626-is wrongfully disclosed, collected, or maintained in violation of this [subtitle] TITLE has a
627-private right of action under relevant State law guiding tort claims, and is entitled to
628-minimum liquidated damages of $5,000 for a violation.
587+ (ii) Charge as costs the following fee for docketing the appearance of 4
588+counsel when bringing or defending a criminal action: 5
629589
630- DRAFTER’S NOTE:
590+ 1. If the punishment for the offense charged is [death or] 6
591+confinement in the State penitentiary, a $20 fee; and 7
631592
632- Error: Stylistic errors in § 17–102(b)(3), (e), and (f)(2) of the Criminal Procedure
633-Article. Incorrect word usage in § 17–102(f)(1)(i) of the Criminal Procedure Article.
634-Erroneous internal reference in § 17–102(k) of the Criminal Procedure Article.
593+ DRAFTER’S NOTE: 8
635594
636- Occurred: Chs. 681 and 682, Acts of 2021.
595+ Error: Obsolete term in § 7–204(a)(2)(ii)1 and (4)(ii)1 of the Courts Article. 9
637596
638-17–103.
597+ Occurred: As a result of Ch. 156, Acts of 2013, which repealed the death penalty. 10
639598
640- (a) A defendant in a criminal case charged with a crime of violence under §
641-14–101 of the Criminal Law Article or a defendant convicted of a crime of violence under §
642-14–101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to
643-seek judicial authorization for an FGGS by filing an affidavit with a trial court or
644-postconviction court certifying that:
599+Article – Criminal Procedure 11
645600
646- (2) an STR DNA profile has already been developed from the forensic
647-sample, was entered into the State DNA [data base] DATABASE system and the [National]
648-NATIONAL DNA [data base] DATABASE system, and failed to identify a known individual;
601+17–101. 12
649602
650- DRAFTER’S NOTE:
603+ (l) “STR DNA profile” means a genetic profile that examines genetic locations on 13
604+the non–sex chromosomes that are used for the statewide DNA [data base] DATABASE 14
605+system or the national DNA [data base] DATABASE system. 15
651606
652- Error: Stylistic errors in § 17–103(a)(2) of the Criminal Procedure Article.
607+ DRAFTER’S NOTE: 16
653608
654- Occurred: Chs. 681 and 682, Acts of 2021.
609+ Error: Stylistic error in § 17–101(l) of the Criminal Procedure Article. 17
655610
656-17–104.
611+ Occurred: Chs. 681 and 682, Acts of 2021. 18
657612
658- (a) The Office of Health Care Quality shall establish:
613+17–102. 19
659614
660- (1) a licensing program for laboratories performing SNP or other
661-[sequencing based] SEQUENCING –BASED testing on evidence in support of FGGS on or
662-before October 1, 2022; and
615+ (b) A sworn affidavit shall be submitted by a law enforcement agent with approval 20
616+of a prosecutor from the relevant jurisdiction asserting that: 21
663617
664- (b) The Office of Health Care Quality shall: LAWRENCE J. HOGAN, JR., Governor Ch. 135
618+ (3) an STR DNA profile has already been developed from the forensic 22
619+sample, was entered into the statewide DNA [data base] DATABASE system and the 23
620+national DNA [data base] DATABASE system, and failed to identify a known individual; 24
621+and 25
665622
666-– 15 –
623+ (e) The laboratory conducting SNP or other sequencing–based testing and the 26
624+genetic genealogist participating in FGGS shall be licensed by the Office of Health Care 27
625+Quality in accordance with § 17–104 of this [subtitle] TITLE. 28
626+ 14 SENATE BILL 406
667627
668- (1) develop a training program on obtaining informed consent under §§
669-17–102 and 17–103 of this [subtitle] TITLE; and
670628
671- (c) The Maryland Forensic Laboratory Advisory Committee shall:
629+ (f) (1) (i) Subject to subparagraph (ii) of this paragraph, informed consent 1
630+in writing shall be obtained from any third party whose DNA sample is sought for the 2
631+purpose of assisting [a] AN FGGS and all statements made in obtaining the informed 3
632+consent shall be documented from beginning to end by video or audio recording. 4
672633
673- (1) establish best practices for laboratories performing SNP or other
674-[sequencing based] SEQUENCING –BASED methods; and
634+ (2) The person obtaining the informed consent shall have training from a 5
635+genetic counselor approved by the Office of Health Care Quality under § 17–104 of this 6
636+[subtitle] TITLE within 1 year after the Office of Health Care Quality has identified and 7
637+approved a genetic counselor or within 1 year after the person joins the investigative unit 8
638+conducting the investigation, whichever is later. 9
675639
676- (e) Neither the laboratory conducting SNP or other [sequencing based]
677-SEQUENCING –BASED testing, nor a law enforcement official, may disclose genetic
678-genealogy information without authorization.
640+ (k) A person whose genetic genealogy information, FGG profile, or DNA sample 10
641+is wrongfully disclosed, collected, or maintained in violation of this [subtitle] TITLE has a 11
642+private right of action under relevant State law guiding tort claims, and is entitled to 12
643+minimum liquidated damages of $5,000 for a violation. 13
679644
680- DRAFTER’S NOTE:
645+ DRAFTER’S NOTE: 14
681646
682- Error: Omitted hyphens in § 17–104(a)(1), (c)(1), and (e) of the Criminal Procedure
683-Article. Stylistic error in § 17–104(b)(1) of the Criminal Procedure Article.
647+ Error: Stylistic errors in § 17–102(b)(3), (e), and (f)(2) of the Criminal Procedure 15
648+Article. Incorrect word usage in § 17–102(f)(1)(i) of the Criminal Procedure Article. 16
649+Erroneous internal reference in § 17–102(k) of the Criminal Procedure Article. 17
684650
685- Occurred: Chs. 681 and 682, Acts of 2021.
651+ Occurred: Chs. 681 and 682, Acts of 2021. 18
686652
687-17–105.
653+17–103. 19
688654
689- (a) On or before June 1 annually, the Governor’s Office of Crime Prevention,
690-Youth, and Victim Services shall submit a publicly available report to the Governor and, in
691-accordance with § 2–1257 of the State Government Article, the General Assembly, that
692-shall include, for the preceding calendar year:
655+ (a) A defendant in a criminal case charged with a crime of violence under § 20
656+14–101 of the Criminal Law Article or a defendant convicted of a crime of violence under § 21
657+14–101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to 22
658+seek judicial authorization for an FGGS by filing an affidavit with a trial court or 23
659+postconviction court certifying that: 24
693660
694- (1) the number of requests for FGGS made, broken down by number of
695-requests made by prosecutors, [pre–trial] PRETRIAL defendants, and postconviction
696-defendants;
661+ (2) an STR DNA profile has already been developed from the forensic 25
662+sample, was entered into the State DNA [data base] DATABASE system and the [National] 26
663+NATIONAL DNA [data base] DATABASE system, and failed to identify a known individual; 27
697664
698- DRAFTER’S NOTE:
665+ DRAFTER’S NOTE: 28
699666
700- Error: Extraneous hyphen in § 17–105(a)(1) of the Criminal Procedure Article.
667+ Error: Stylistic errors in § 17–103(a)(2) of the Criminal Procedure Article. 29
701668
702- Occurred: Chs. 681 and 682, Acts of 2021.
669+ Occurred: Chs. 681 and 682, Acts of 2021. 30
703670
704-Article – Education
671+17–104. 31
705672
706-3–901.
673+ (a) The Office of Health Care Quality shall establish: 32
674+ SENATE BILL 406 15
707675
708- (a) (1) In this subtitle the following words have the meanings indicated.
709676
710- (2) “Board of [Education District”] EDUCATION DISTRICT ” means a
711-geographic area of Montgomery County in which an elected member of the Montgomery
712-County Board of Education must be a legal resident. The geographic area of each district is Ch. 135 2022 LAWS OF MARYLAND
677+ (1) a licensing program for laboratories performing SNP or other 1
678+[sequencing based] SEQUENCING –BASED testing on evidence in support of FGGS on or 2
679+before October 1, 2022; and 3
713680
714-– 16 –
715-described in subsection (f) of this section. Each district shall be substantially equal in
716-population, and the districts shall be reapportioned on the basis of each decennial census
717-of the United States.
681+ (b) The Office of Health Care Quality shall: 4
718682
719- DRAFTER’S NOTE:
683+ (1) develop a training program on obtaining informed consent under §§ 5
684+17–102 and 17–103 of this [subtitle] TITLE; and 6
720685
721- Error: Stylistic error in § 3–901(a)(2) of the Education Article.
686+ (c) The Maryland Forensic Laboratory Advisory Committee shall: 7
722687
723- Occurred: Ch. 660, Acts of 1985.
688+ (1) establish best practices for laboratories performing SNP or other 8
689+[sequencing based] SEQUENCING –BASED methods; and 9
724690
725-7–1A–01.
691+ (e) Neither the laboratory conducting SNP or other [sequencing based] 10
692+SEQUENCING –BASED testing, nor a law enforcement official, may disclose genetic 11
693+genealogy information without authorization. 12
726694
727- (a) In this subtitle the following words have the meanings indicated.
695+ DRAFTER’S NOTE: 13
728696
729- [(d) “Eligible public provider” means an early learning program that:
697+ Error: Omitted hyphens in § 17–104(a)(1), (c)(1), and (e) of the Criminal Procedure 14
698+Article. Stylistic error in § 17–104(b)(1) of the Criminal Procedure Article. 15
730699
731- (1) Is provided by a county board at a public school; and
700+ Occurred: Chs. 681 and 682, Acts of 2021. 16
732701
733- (2) Meets the requirements under § 7–1A–04 of this subtitle.]
702+17–105. 17
734703
735- [(e)] (D) (1) “Eligible private provider” means a [community based]
736-COMMUNITY –BASED early learning program that:
704+ (a) On or before June 1 annually, the Governor’s Office of Crime Prevention, 18
705+Youth, and Victim Services shall submit a publicly available report to the Governor and, in 19
706+accordance with § 2–1257 of the State Government Article, the General Assembly, that 20
707+shall include, for the preceding calendar year: 21
737708
738- (i) Is licensed in the State;
709+ (1) the number of requests for FGGS made, broken down by number of 22
710+requests made by prosecutors, [pre–trial] PRETRIAL defendants, and postconviction 23
711+defendants; 24
739712
740- (ii) Does not charge more tuition for full–day prekindergarten than
741-the cost of quality; and
713+ DRAFTER’S NOTE: 25
742714
743- (iii) Meets the requirements under § 7–1A–04 of this subtitle.
715+ Error: Extraneous hyphen in § 17–105(a)(1) of the Criminal Procedure Article. 26
744716
745- (2) “Eligible private provider” includes the Ulysses Currie Head Start
746-Program under § 5–231 of this article.
717+ Occurred: Chs. 681 and 682, Acts of 2021. 27
747718
748- (E) “ELIGIBLE PUBLIC PROVI DER” MEANS AN EARLY LEARN ING PROGRAM
749-THAT:
719+Article – Education 28
750720
751- (1) IS PROVIDED BY A COUN TY BOARD AT A PUBLIC SCHOOL; AND
721+3–901. 29
722+ 16 SENATE BILL 406
752723
753- (2) MEETS THE REQUIREMENT S UNDER § 7–1A–04 OF THIS
754-SUBTITLE.
755724
756- DRAFTER’S NOTE:
725+ (a) (1) In this subtitle the following words have the meanings indicated. 1
757726
758- Error: Stylistic error (failure to codify definitions in alphabetical order) and omitted
759-hyphen in § 7–1A–01(d) and (e) of the Education Article. LAWRENCE J. HOGAN, JR., Governor Ch. 135
727+ (2) “Board of [Education District”] EDUCATION DISTR ICT” means a 2
728+geographic area of Montgomery County in which an elected member of the Montgomery 3
729+County Board of Education must be a legal resident. The geographic area of each district is 4
730+described in subsection (f) of this section. Each district shall be substantially equal in 5
731+population, and the districts shall be reapportioned on the basis of each decennial census 6
732+of the United States. 7
760733
761-– 17 –
734+ DRAFTER’S NOTE: 8
762735
763- Occurred: Ch. 36, § 3, Acts of 2021.
736+ Error: Stylistic error in § 3–901(a)(2) of the Education Article. 9
764737
765-7–447.1.
738+ Occurred: Ch. 660, Acts of 1985. 10
766739
767- (d) The Consortium consists of the following members:
740+7–1A–01. 11
768741
769- (14) The following members appointed by the Governor:
742+ (a) In this subtitle the following words have the meanings indicated. 12
770743
771- (i) One representative of the [community] behavioral health
772-community with expertise in telehealth;
744+ [(d) “Eligible public provider” means an early learning program that: 13
773745
774- DRAFTER’S NOTE:
746+ (1) Is provided by a county board at a public school; and 14
775747
776- Error: Extraneous word in § 7–447.1(d)(14)(i) of the Education Article.
748+ (2) Meets the requirements under § 7–1A–04 of this subtitle.] 15
777749
778- Occurred: Ch. 36, § 3, Acts of 2021.
750+ [(e)] (D) (1) “Eligible private provider” means a [community based] 16
751+COMMUNITY –BASED early learning program that: 17
779752
780-Article – Environment
753+ (i) Is licensed in the State; 18
781754
782-9–1605.2.
755+ (ii) Does not charge more tuition for full–day prekindergarten than 19
756+the cost of quality; and 20
783757
784- (i) (2) Funds in the Bay Restoration Fund shall be used only:
758+ (iii) Meets the requirements under § 7–1A–04 of this subtitle. 21
785759
786- (i) 1. To award grants for up to 100% of eligible costs of projects
787-relating to planning, design, construction, and upgrade of a publicly owned wastewater
788-facility for flows up to the design capacity of the wastewater facility, as approved by the
789-Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)]
790-PARAGRAPH (4) of this subsection; and
760+ (2) “Eligible private provider” includes the Ulysses Currie Head Start 22
761+Program under § 5–231 of this article. 23
791762
792- 2. To award grants for up to 50% of eligible costs of projects
793-relating to planning, design, construction, and upgrade of a privately owned wastewater
794-facility for flows up to the design capacity of the wastewater facility, as approved by the
795-Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)]
796-PARAGRAPH (4) of this subsection;
763+ (E) “ELIGIBLE PUBLIC PROVI DER” MEANS AN EARLY LEARN ING PROGRAM 24
764+THAT: 25
797765
798- DRAFTER’S NOTE:
766+ (1) IS PROVIDED BY A COUN TY BOARD AT A PUBLIC SCHOOL; AND 26
799767
800- Error: Erroneous internal reference in § 9–1605.2(i)(2)(i) of the Environment Article.
768+ (2) MEETS THE REQUIREMENT S UNDER § 7–1A–04 OF THIS 27
769+SUBTITLE. 28
770+ SENATE BILL 406 17
801771
802- Occurred: As a result of Chs. 366 and 367, Acts of 2017, which added a new
803-paragraph (3).
804772
805-Article – Family Law
773+ DRAFTER’S NOTE: 1
806774
807-5–704. Ch. 135 2022 LAWS OF MARYLAND
775+ Error: Stylistic error (failure to codify definitions in alphabetical order) and omitted 2
776+hyphen in § 7–1A–01(d) and (e) of the Education Article. 3
808777
809-– 18 –
778+ Occurred: Ch. 36, § 3, Acts of 2021. 4
810779
811- (a) Notwithstanding any other provision of law, including any law on privileged
812-communications, each health practitioner, police officer, educator, or human service
813-worker, acting in a professional capacity in this State[:
780+7–447.1. 5
814781
815- (1)] who has reason to believe that a child has been subjected to abuse or
816-neglect[,]:
782+ (d) The Consortium consists of the following members: 6
817783
818- (1) shall notify the local department or the appropriate law enforcement
819-agency; and
784+ (14) The following members appointed by the Governor: 7
820785
821- (2) if acting as a staff member of a hospital, public health agency, child care
822-institution, juvenile detention center, school, or similar institution, shall immediately
823-notify and give all information required by this section to the head of the institution or the
824-designee of the head.
786+ (i) One representative of the [community] behavioral health 8
787+community with expertise in telehealth; 9
825788
826- DRAFTER’S NOTE:
789+ DRAFTER’S NOTE: 10
827790
828- Error: Erroneous tabulation in § 5–704(a) of the Family Law Article.
791+ Error: Extraneous word in § 7–447.1(d)(14)(i) of the Education Article. 11
829792
830- Occurred: As a result of Chs. 398 and 399, Acts of 2011.
793+ Occurred: Ch. 36, § 3, Acts of 2021. 12
831794
832-Article – Financial Institutions
795+Article – Environment 13
833796
834-12–410.
797+9–1605.2. 14
835798
836- (e) (3) Each licensee shall conspicuously display the following information on
837-the licensee’s website, [a] ANY mobile application through which the services are offered,
838-[on] the outside of the self–service financial kiosk, any software application accessible to
839-the public and used for money transmission services, and THE profile page within each
840-social media platform the licensee uses:
799+ (i) (2) Funds in the Bay Restoration Fund shall be used only: 15
841800
842- (i) The licensee’s unique identifier;
801+ (i) 1. To award grants for up to 100% of eligible costs of projects 16
802+relating to planning, design, construction, and upgrade of a publicly owned wastewater 17
803+facility for flows up to the design capacity of the wastewater facility, as approved by the 18
804+Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)] 19
805+PARAGRAPH (4) of this subsection; and 20
843806
844- (ii) A link to the NMLS Consumer Access website; and
807+ 2. To award grants for up to 50% of eligible costs of projects 21
808+relating to planning, design, construction, and upgrade of a privately owned wastewater 22
809+facility for flows up to the design capacity of the wastewater facility, as approved by the 23
810+Department, to achieve enhanced nutrient removal in accordance with [paragraph (3)] 24
811+PARAGRAPH (4) of this subsection; 25
845812
846- (iii) A notice stating, “The Commissioner of Financial Regulation for
847-the State of Maryland will accept all questions or complaints from Maryland residents
848-regarding (name of licensee and unique identifier) at (address of Commissioner), phone
849-(toll–free phone number of the Commissioner)”.
813+ DRAFTER’S NOTE: 26
850814
851- DRAFTER’S NOTE:
815+ Error: Erroneous internal reference in § 9–1605.2(i)(2)(i) of the Environment Article. 27
852816
853- Error: Incorrect word usage, extraneous word, and omitted article in § 12–410(e)(3)
854-of the Financial Institutions Article. LAWRENCE J. HOGAN, JR., Governor Ch. 135
817+ Occurred: As a result of Chs. 366 and 367, Acts of 2017, which added a new 28
818+paragraph (3). 29
819+ 18 SENATE BILL 406
855820
856-– 19 –
857821
858- Occurred: As a result of Chs. 100 and 101, Acts of 2021, each of which amended §
859-12–410(e)(3) of the Financial Institutions Article. Correction suggested by the Attorney
860-General in the Bill Review Letter for S.B. 219 and 251 (Chs. 100 and 101) of 2021 (footnote
861-1), dated April 12, 2021.
822+Article – Family Law 1
862823
863-Article – General Provisions
824+5–704. 2
864825
865-4–101.
826+ (a) Notwithstanding any other provision of law, including any law on privileged 3
827+communications, each health practitioner, police officer, educator, or human service 4
828+worker, acting in a professional capacity in this State[: 5
866829
867- (k) (3) “Public record” does not include:
830+ (1)] who has reason to believe that a child has been subjected to abuse or 6
831+neglect[,]: 7
868832
869- (ii) a record or any information submitted to the Public Access
870-Ombudsman or the Board under Subtitle [1A] 1B of this title.
833+ (1) shall notify the local department or the appropriate law enforcement 8
834+agency; and 9
871835
872- DRAFTER’S NOTE:
836+ (2) if acting as a staff member of a hospital, public health agency, child care 10
837+institution, juvenile detention center, school, or similar institution, shall immediately 11
838+notify and give all information required by this section to the head of the institution or the 12
839+designee of the head. 13
873840
874- Error: Erroneous cross–reference in § 4–101(k)(3)(ii) of the General Provisions
875-Article.
841+ DRAFTER’S NOTE: 14
876842
877- Occurred: Ch. 658, Acts of 2021. Correction suggested by the Attorney General in the
878-Bill Review Letter for H.B. 183 (Ch. 658) of 2021 (footnote 1), dated May 6, 2021.
843+ Error: Erroneous tabulation in § 5–704(a) of the Family Law Article. 15
879844
880-Article – Health – General
845+ Occurred: As a result of Chs. 398 and 399, Acts of 2011. 16
881846
882-4–211.
847+Article – Financial Institutions 17
883848
884- (d) The Secretary may not make a new certificate of birth in connection with an
885-order of a court of competent jurisdiction relating to the adoption of an individual, if one of
886-the following so directs the Secretary:
849+12–410. 18
887850
888- (1) The court that decrees the adoption[.];
851+ (e) (3) Each licensee shall conspicuously display the following information on 19
852+the licensee’s website, [a] ANY mobile application through which the services are offered, 20
853+[on] the outside of the self–service financial kiosk, any software application accessible to 21
854+the public and used for money transmission services, and THE profile page within each 22
855+social media platform the licensee uses: 23
889856
890- (2) The adoptive parents[.]; OR
857+ (i) The licensee’s unique identifier; 24
891858
892- (3) The adopted individual, if an adult.
859+ (ii) A link to the NMLS Consumer Access website; and 25
893860
894- DRAFTER’S NOTE:
861+ (iii) A notice stating, “The Commissioner of Financial Regulation for 26
862+the State of Maryland will accept all questions or complaints from Maryland residents 27
863+regarding (name of licensee and unique identifier) at (address of Commissioner), phone 28
864+(toll–free phone number of the Commissioner)”. 29
895865
896- Error: Incorrect punctuation and omitted conjunction in § 4–211(d) of the Health –
897-General Article.
866+ DRAFTER’S NOTE: 30
867+ SENATE BILL 406 19
898868
899- Occurred: Ch. 21, Acts of 1982.
900869
901-19–214.1.
902- Ch. 135 2022 LAWS OF MARYLAND
870+ Error: Incorrect word usage, extraneous word, and omitted article in § 12–410(e)(3) 1
871+of the Financial Institutions Article. 2
903872
904-– 20 –
905- (c) (2) The notice required under paragraph (1) of this subsection shall:
873+ Occurred: As a result of Chs. 100 and 101, Acts of 2021, each of which amended § 3
874+12–410(e)(3) of the Financial Institutions Article. Correction suggested by the Attorney 4
875+General in the Bill Review Letter for S.B. 219 and 251 (Chs. 100 and 101) of 2021 (footnote 5
876+1), dated April 12, 2021. 6
906877
907- (ii) Be provided in the patient’s preferred language or, if no preferred
908-language is specified, each language spoken by a limited English proficient population that
909-constitutes AT LEAST 5% of the overall population within the city or county in which the
910-hospital is located as measured by the most recent census.
878+Article – General Provisions 7
911879
912- (f) (2) The information sheet shall:
880+4–101. 8
913881
914- (ii) Be in the patient’s preferred language or, if no preferred
915-language is specified, each language spoken by a limited English proficient population that
916-constitutes AT LEAST 5% of the overall population within the city or county in which the
917-hospital is located as measured by the most recent census.
882+ (k) (3) “Public record” does not include: 9
918883
919- DRAFTER’S NOTE:
884+ (ii) a record or any information submitted to the Public Access 10
885+Ombudsman or the Board under Subtitle [1A] 1B of this title. 11
920886
921- Error: Omitted words in § 19–214.1(c)(2)(ii) and (f)(2)(ii) of the Health – General
922-Article.
887+ DRAFTER’S NOTE: 12
923888
924- Occurred: Ch. 470, Acts of 2020.
889+ Error: Erroneous cross–reference in § 4–101(k)(3)(ii) of the General Provisions 13
890+Article. 14
925891
926-19–214.2.
892+ Occurred: Ch. 658, Acts of 2021. Correction suggested by the Attorney General in the 15
893+Bill Review Letter for H.B. 183 (Ch. 658) of 2021 (footnote 1), dated May 6, 2021. 16
927894
928- (i) (2) The notice required under paragraph (1) of this subsection shall:
895+Article – Health – General 17
929896
930- (iv) Be provided in the patient’s preferred language or, if no preferred
931-language is specified, each language spoken by a limited English proficient population that
932-constitutes AT LEAST 5% of the population within the jurisdiction in which the hospital is
933-located as measured by the most recent federal census.
897+4–211. 18
934898
935- DRAFTER’S NOTE:
899+ (d) The Secretary may not make a new certificate of birth in connection with an 19
900+order of a court of competent jurisdiction relating to the adoption of an individual, if one of 20
901+the following so directs the Secretary: 21
936902
937- Error: Omitted words in § 19–214.2(i)(2)(iv) of the Health – General Article.
903+ (1) The court that decrees the adoption[.]; 22
938904
939- Occurred: Chs. 769 and 770, Acts of 2021.
905+ (2) The adoptive parents[.]; OR 23
940906
941-20–1408.
907+ (3) The adopted individual, if an adult. 24
942908
943- (a) (2) The reporting required under paragraph (1) of this subsection shall be
944-SUBMITTED periodically in accordance with a schedule determined by the Commission.
909+ DRAFTER’S NOTE: 25
945910
946- DRAFTER’S NOTE:
911+ Error: Incorrect punctuation and omitted conjunction in § 4–211(d) of the Health – 26
912+General Article. 27
947913
948- Error: Omitted word in § 20–1408(a)(2) of the Health – General Article.
914+ Occurred: Ch. 21, Acts of 1982. 28
949915
950- Occurred: Ch. 742, Acts of 2021. LAWRENCE J. HOGAN, JR., Governor Ch. 135
916+19–214.1. 29 20 SENATE BILL 406
951917
952-– 21 –
953918
954-20–2002.
955919
956- (b) A person who violates [§ 20–2001] SUBSECTION (A) of this [subtitle]
957-SECTION is subject to a civil penalty imposed by the Department not exceeding $5,000 for
958-each violation.
920+ (c) (2) The notice required under paragraph (1) of this subsection shall: 1
959921
960- DRAFTER’S NOTE:
922+ (ii) Be provided in the patient’s preferred language or, if no preferred 2
923+language is specified, each language spoken by a limited English proficient population that 3
924+constitutes AT LEAST 5% of the overall population within the city or county in which the 4
925+hospital is located as measured by the most recent census. 5
961926
962- Error: Erroneous cross–reference in § 20–2002(b) of the Health – General Article.
927+ (f) (2) The information sheet shall: 6
963928
964- Occurred: Chs. 466 and 467, Acts of 2021.
929+ (ii) Be in the patient’s preferred language or, if no preferred 7
930+language is specified, each language spoken by a limited English proficient population that 8
931+constitutes AT LEAST 5% of the overall population within the city or county in which the 9
932+hospital is located as measured by the most recent census. 10
965933
966-24–1202.
934+ DRAFTER’S NOTE: 11
967935
968- (a) The General Assembly:
936+ Error: Omitted words in § 19–214.1(c)(2)(ii) and (f)(2)(ii) of the Health – General 12
937+Article. 13
969938
970- (3) Acknowledges that the three–digit number, 2–1–1, is a nationally
971-recognized and applied telephone number which may be used for information and referral
972-and eliminates delays caused by lack of familiarity with health and human [service]
973-SERVICES numbers and by understandable confusion in circumstances of crisis; and
939+ Occurred: Ch. 470, Acts of 2020. 14
974940
975- DRAFTER’S NOTE:
941+19–214.2. 15
976942
977- Error: Grammatical error in § 24–1202(a)(3) of the Health – General Article.
943+ (i) (2) The notice required under paragraph (1) of this subsection shall: 16
978944
979- Occurred: Ch. 390, Acts of 2004.
945+ (iv) Be provided in the patient’s preferred language or, if no preferred 17
946+language is specified, each language spoken by a limited English proficient population that 18
947+constitutes AT LEAST 5% of the population within the jurisdiction in which the hospital is 19
948+located as measured by the most recent federal census. 20
980949
981-24–1203.
950+ DRAFTER’S NOTE: 21
982951
983- (a) Except as provided in subsection [(d)] (C) of this section, an agency or
984-organization shall be approved by 2–1–1 Maryland as a 2–1–1 Maryland call center in order
985-to provide 2–1–1 services in the State.
952+ Error: Omitted words in § 19–214.2(i)(2)(iv) of the Health – General Article. 22
986953
987- DRAFTER’S NOTE:
954+ Occurred: Chs. 769 and 770, Acts of 2021. 23
988955
989- Error: Erroneous internal reference in § 24–1203(a) of the Health – General Article.
956+20–1408. 24
990957
991- Occurred: Ch. 295, Acts of 2020.
958+ (a) (2) The reporting required under paragraph (1) of this subsection shall be 25
959+SUBMITTED periodically in accordance with a schedule determined by the Commission. 26
992960
993-Article – Health Occupations
961+ DRAFTER’S NOTE: 27
994962
995-8–508.
963+ Error: Omitted word in § 20–1408(a)(2) of the Health – General Article. 28
996964
997- (a) (2) “Nurse practitioner” means a registered nurse who is:
998- Ch. 135 2022 LAWS OF MARYLAND
965+ Occurred: Ch. 742, Acts of 2021. 29 SENATE BILL 406 21
999966
1000-– 22 –
1001- (ii) Authorized to prescribe drugs under regulations adopted by the
1002-[State] Board [of Nursing].
1003967
1004- DRAFTER’S NOTE:
1005968
1006- Error: Extraneous language in § 8–508(a)(2)(ii) of the Health Occupations Article.
969+20–2002. 1
1007970
1008- Occurred: Ch. 454, Acts of 1993.
971+ (b) A person who violates [§ 20–2001] SUBSECTION (A) of this [subtitle] 2
972+SECTION is subject to a civil penalty imposed by the Department not exceeding $5,000 for 3
973+each violation. 4
1009974
1010-12–6D–05.
975+ DRAFTER’S NOTE: 5
1011976
1012- (a) An applicant for registration shall:
977+ Error: Erroneous cross–reference in § 20–2002(b) of the Health – General Article. 6
1013978
1014- (2) Provide documentation of:
979+ Occurred: Chs. 466 and 467, Acts of 2021. 7
1015980
1016- (iii) For an applicant who satisfies the requirements under [§
1017-12–6D–02(a)(4)] § 12–6D–03(A)(4) of this subtitle, proof of:
981+24–1202. 8
1018982
1019- 1. Educational equivalency; and
983+ (a) The General Assembly: 9
1020984
1021- 2. Oral English competency;
985+ (3) Acknowledges that the three–digit number, 2–1–1, is a nationally 10
986+recognized and applied telephone number which may be used for information and referral 11
987+and eliminates delays caused by lack of familiarity with health and human [service] 12
988+SERVICES numbers and by understandable confusion in circumstances of crisis; and 13
1022989
1023- DRAFTER’S NOTE:
990+ DRAFTER’S NOTE: 14
1024991
1025- Error: Erroneous cross–reference in § 12–6D–05(a)(2)(iii) of the Health Occupations
1026-Article.
992+ Error: Grammatical error in § 24–1202(a)(3) of the Health – General Article. 15
1027993
1028- Occurred: Chs. 564 and 565, Acts of 2014.
994+ Occurred: Ch. 390, Acts of 2004. 16
1029995
1030-13–313.
996+24–1203. 17
1031997
1032- (a) The Board may issue a temporary license to an applicant who, except for
1033-passing an examination otherwise required under this subtitle, has met the appropriate
1034-education and experience requirements of this subtitle for a physical therapist license or a
1035-physical therapy assistant license under [§ 10–305 of this article] § 13–302 OF THIS
1036-SUBTITLE.
998+ (a) Except as provided in subsection [(d)] (C) of this section, an agency or 18
999+organization shall be approved by 2–1–1 Maryland as a 2–1–1 Maryland call center in order 19
1000+to provide 2–1–1 services in the State. 20
10371001
1038- DRAFTER’S NOTE:
1002+ DRAFTER’S NOTE: 21
10391003
1040- Error: Erroneous cross–reference in § 13–313(a) of the Health Occupations Article.
1004+ Error: Erroneous internal reference in § 24–1203(a) of the Health – General Article. 22
10411005
1042- Occurred: Chs. 473 and 474, Acts of 2021.
1006+ Occurred: Ch. 295, Acts of 2020. 23
10431007
1044-14–5B–16.
1045- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1008+Article – Health Occupations 24
10461009
1047-– 23 –
1048- (a) Subject to subsection [(c)] (B) of this section, on the application of an
1049-individual whose license has been revoked, a disciplinary panel may reinstate a revoked
1050-license.
1010+8–508. 25
10511011
1052- DRAFTER’S NOTE:
1012+ (a) (2) “Nurse practitioner” means a registered nurse who is: 26
1013+ 22 SENATE BILL 406
10531014
1054- Error: Erroneous internal reference in § 14–5B–16(a) of the Health Occupations
1055-Article.
10561015
1057- Occurred: As a result of Chs. 612 and 613, Acts of 2020.
1016+ (ii) Authorized to prescribe drugs under regulations adopted by the 1
1017+[State] Board [of Nursing]. 2
10581018
1059-14–5C–19.
1019+ DRAFTER’S NOTE: 3
10601020
1061- (a) Subject to subsection [(c)] (B) of this section, on the application of an
1062-individual whose license has been revoked, a disciplinary panel, on the affirmative vote of
1063-a majority of its full authorized membership, may reinstate a revoked license.
1021+ Error: Extraneous language in § 8–508(a)(2)(ii) of the Health Occupations Article. 4
10641022
1065- DRAFTER’S NOTE:
1023+ Occurred: Ch. 454, Acts of 1993. 5
10661024
1067- Error: Erroneous internal reference in § 14–5C–19(a) of the Health Occupations
1068-Article.
1025+12–6D–05. 6
10691026
1070- Occurred: As a result of Chs. 612 and 613, Acts of 2020.
1027+ (a) An applicant for registration shall: 7
10711028
1072-14–5D–16.
1029+ (2) Provide documentation of: 8
10731030
1074- (a) Subject to subsection [(c)] (B) of this section, on the application of an
1075-individual whose license has been revoked, a disciplinary panel may reinstate a revoked
1076-license.
1031+ (iii) For an applicant who satisfies the requirements under [§ 9
1032+12–6D–02(a)(4)] § 12–6D–03(A)(4) of this subtitle, proof of: 10
10771033
1078- DRAFTER’S NOTE:
1034+ 1. Educational equivalency; and 11
10791035
1080- Error: Erroneous internal reference in § 14–5D–16(a) of the Health Occupations
1081-Article.
1036+ 2. Oral English competency; 12
10821037
1083- Occurred: As a result of Chs. 612 and 613, Acts of 2020.
1038+ DRAFTER’S NOTE: 13
10841039
1085-15–103.
1040+ Error: Erroneous cross–reference in § 12–6D–05(a)(2)(iii) of the Health Occupations 14
1041+Article. 15
10861042
1087- (d) A hospital, related institution, alternative health CARE system, or employer
1088-that has reason to know that a physician assistant has committed an action or has a
1089-condition that might be grounds for reprimand or probation of the physician assistant or
1090-suspension or revocation of the license of the physician assistant under § 15–314 of this
1091-title because the physician assistant is alcohol– or drug–impaired is not required to report
1092-to the Board if:
1093- Ch. 135 2022 LAWS OF MARYLAND
1043+ Occurred: Chs. 564 and 565, Acts of 2014. 16
10941044
1095-– 24 –
1096- (1) The hospital, related institution, alternative health CARE system, or
1097-employer knows that the physician assistant is:
1045+13–313. 17
10981046
1099- (i) In an alcohol or drug treatment program that is accredited by the
1100-Joint Commission on the Accreditation of Healthcare Organizations or is certified by the
1101-Department; or
1047+ (a) The Board may issue a temporary license to an applicant who, except for 18
1048+passing an examination otherwise required under this subtitle, has met the appropriate 19
1049+education and experience requirements of this subtitle for a physical therapist license or a 20
1050+physical therapy assistant license under [§ 10–305 of this article] § 13–302 OF THIS 21
1051+SUBTITLE. 22
11021052
1103- (ii) Under the care of a health care practitioner who is competent
1104-and capable of dealing with alcoholism and drug abuse;
1053+ DRAFTER’S NOTE: 23
11051054
1106- (2) The hospital, related institution, alternative health CARE system, or
1107-employer is able to verify that the physician assistant remains in the treatment program
1108-until discharge; and
1055+ Error: Erroneous cross–reference in § 13–313(a) of the Health Occupations Article. 24
11091056
1110- (3) The action or condition of the physician assistant has not caused injury
1111-to any person while the physician assistant is practicing as a licensed physician assistant.
1057+ Occurred: Chs. 473 and 474, Acts of 2021. 25
11121058
1113- (e) (1) If the physician assistant enters, or is considering entering, an alcohol
1114-or drug treatment program that is accredited by the Joint Commission on Accreditation of
1115-Healthcare Organizations or that is certified by the Department, the physician assistant
1116-shall notify the hospital, related institution, alternative health CARE system, or employer
1117-of the physician assistant’s decision to enter the treatment program.
1059+14–5B–16. 26
1060+ SENATE BILL 406 23
11181061
1119- (2) If the physician assistant fails to provide the notice required under
1120-paragraph (1) of this subsection, and the hospital, related institution, alternative health
1121-CARE system, or employer learns that the physician assistant has entered a treatment
1122-program, the hospital, related institution, alternative health system, or employer shall
1123-report to the Board that the physician assistant has entered a treatment program and has
1124-failed to provide the required notice.
11251062
1126- (3) If the physician assistant is found to be noncompliant with the
1127-treatment program’s policies and procedures while in the treatment program, the
1128-treatment program shall notify the hospital, related institution, alternative health CARE
1129-system, or employer of the physician assistant’s noncompliance.
1063+ (a) Subject to subsection [(c)] (B) of this section, on the application of an 1
1064+individual whose license has been revoked, a disciplinary panel may reinstate a revoked 2
1065+license. 3
11301066
1131- (4) On receipt of the notification required under paragraph (3) of this
1132-subsection, the hospital, related institution, alternative health CARE system, or employer
1133-of the physician assistant shall report the physician assistant’s noncompliance to the
1134-Board.
1067+ DRAFTER’S NOTE: 4
11351068
1136- (g) The hospital, related institution, alternative health CARE system, or employer
1137-shall submit the report within 10 days of any action described in this section.
1069+ Error: Erroneous internal reference in § 14–5B–16(a) of the Health Occupations 5
1070+Article. 6
11381071
1139- DRAFTER’S NOTE:
1140- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1072+ Occurred: As a result of Chs. 612 and 613, Acts of 2020. 7
11411073
1142-– 25 –
1143- Error: Omitted word in § 15–103(d), (e), and (g) of the Health Occupations Article.
1074+14–5C–19. 8
11441075
1145- Occurred: Chs. 273 and 274, Acts of 2010.
1076+ (a) Subject to subsection [(c)] (B) of this section, on the application of an 9
1077+individual whose license has been revoked, a disciplinary panel, on the affirmative vote of 10
1078+a majority of its full authorized membership, may reinstate a revoked license. 11
11461079
1147-Article – Human Services
1080+ DRAFTER’S NOTE: 12
11481081
1149-5–5A–08.
1082+ Error: Erroneous internal reference in § 14–5C–19(a) of the Health Occupations 13
1083+Article. 14
11501084
1151- (c) (1) The CMN Program shall facilitate assistance to critical medically
1152-vulnerable individuals and their households in obtaining State and federal financial
1153-assistance for their electric, gas, or other [source energy] ENERGY SOURCE bills through
1154-navigators.
1085+ Occurred: As a result of Chs. 612 and 613, Acts of 2020. 15
11551086
1156- DRAFTER’S NOTE:
1087+14–5D–16. 16
11571088
1158- Error: Incorrect word usage in § 5–5A–08(c)(1) of the Human Services Article.
1089+ (a) Subject to subsection [(c)] (B) of this section, on the application of an 17
1090+individual whose license has been revoked, a disciplinary panel may reinstate a revoked 18
1091+license. 19
11591092
1160- Occurred: Chs. 282 and 283, Acts of 2019.
1093+ DRAFTER’S NOTE: 20
11611094
1162-Article – Insurance
1095+ Error: Erroneous internal reference in § 14–5D–16(a) of the Health Occupations 21
1096+Article. 22
11631097
1164-2–208.
1098+ Occurred: As a result of Chs. 612 and 613, Acts of 2020. 23
11651099
1166- (a) Subject to subsection (b) of this section, the expense incurred in an
1167-examination made under § 2–205 of this subtitle, § 2–206 of this subtitle for surplus lines
1168-brokers and insurance holding corporations, § 23–207 of this article for premium finance
1169-companies, § 15–10B–19 of this article for private review agents, § 15–10B–20 of this
1170-article, or § 14–610 of this article for discount medical plan organizations and discount drug
1171-plan organizations shall be paid by the person examined in the following manner:
1100+15–103. 24
11721101
1173- (3) a person may not pay and an examiner may not accept any
1174-compensation for an examination in addition to the compensation under [paragraph (1) of
1175-this section] ITEM (1) OF THIS SUBSECTION .
1102+ (d) A hospital, related institution, alternative health CARE system, or employer 25
1103+that has reason to know that a physician assistant has committed an action or has a 26
1104+condition that might be grounds for reprimand or probation of the physician assistant or 27
1105+suspension or revocation of the license of the physician assistant under § 15–314 of this 28
1106+title because the physician assistant is alcohol– or drug–impaired is not required to report 29
1107+to the Board if: 30
1108+ 24 SENATE BILL 406
11761109
1177- DRAFTER’S NOTE:
11781110
1179- Error: Stylistic error in § 2–208(a)(3) of the Insurance Article.
1111+ (1) The hospital, related institution, alternative health CARE system, or 1
1112+employer knows that the physician assistant is: 2
11801113
1181- Occurred: Ch. 36, Acts of 1995, and as a result of Chs. 151 and 152, Acts of 2021.
1114+ (i) In an alcohol or drug treatment program that is accredited by the 3
1115+Joint Commission on the Accreditation of Healthcare Organizations or is certified by the 4
1116+Department; or 5
11821117
1183-Article – Labor and Employment
1118+ (ii) Under the care of a health care practitioner who is competent 6
1119+and capable of dealing with alcoholism and drug abuse; 7
11841120
1185-3–1708.
1121+ (2) The hospital, related institution, alternative health CARE system, or 8
1122+employer is able to verify that the physician assistant remains in the treatment program 9
1123+until discharge; and 10
11861124
1187- (a) If an essential worker believes that an essential employer has violated [§
1188-3–1604] § 3–1704 of this subtitle: Ch. 135 2022 LAWS OF MARYLAND
1125+ (3) The action or condition of the physician assistant has not caused injury 11
1126+to any person while the physician assistant is practicing as a licensed physician assistant. 12
11891127
1190-– 26 –
1128+ (e) (1) If the physician assistant enters, or is considering entering, an alcohol 13
1129+or drug treatment program that is accredited by the Joint Commission on Accreditation of 14
1130+Healthcare Organizations or that is certified by the Department, the physician assistant 15
1131+shall notify the hospital, related institution, alternative health CARE system, or employer 16
1132+of the physician assistant’s decision to enter the treatment program. 17
11911133
1192- (1) the essential worker may seek enforcement of rights under § 5–604 of
1193-this article; and
1134+ (2) If the physician assistant fails to provide the notice required under 18
1135+paragraph (1) of this subsection, and the hospital, related institution, alternative health 19
1136+CARE system, or employer learns that the physician assistant has entered a treatment 20
1137+program, the hospital, related institution, alternative health system, or employer shall 21
1138+report to the Board that the physician assistant has entered a treatment program and has 22
1139+failed to provide the required notice. 23
11941140
1195- (2) the Commissioner shall respond in accordance with the enforcement
1196-provisions under Title 5 of this article.
1141+ (3) If the physician assistant is found to be noncompliant with the 24
1142+treatment program’s policies and procedures while in the treatment program, the 25
1143+treatment program shall notify the hospital, related institution, alternative health CARE 26
1144+system, or employer of the physician assistant’s noncompliance. 27
11971145
1198- (b) (1) If an essential worker believes that an essential employer has violated
1199-[§ 3–1606] § 3–1706 of this subtitle, the essential worker may file a written complaint with
1200-the Commissioner.
1146+ (4) On receipt of the notification required under paragraph (3) of this 28
1147+subsection, the hospital, related institution, alternative health CARE system, or employer 29
1148+of the physician assistant shall report the physician assistant’s noncompliance to the 30
1149+Board. 31
12011150
1202- DRAFTER’S NOTE:
1151+ (g) The hospital, related institution, alternative health CARE system, or employer 32
1152+shall submit the report within 10 days of any action described in this section. 33
12031153
1204- Error: Erroneous cross–references in § 3–1708(a) and (b)(1) of the Labor and
1205-Employment Article.
1154+ DRAFTER’S NOTE: 34
12061155
1207- Occurred: As a result of Chs. 671 and 672, Acts of 2021, and Ch. 736, Acts of 2021,
1208-which each added a new Subtitle 16 in Title 3 of the Labor and Employment Article.
1156+ Error: Omitted word in § 15–103(d), (e), and (g) of the Health Occupations Article. 35 SENATE BILL 406 25
12091157
1210-8–311.2.
12111158
1212- (c) (2) The report shall include:
12131159
1214- (ii) the current balance of the Unemployment Insurance Fund; AND
1160+ Occurred: Chs. 273 and 274, Acts of 2010. 1
12151161
1216- DRAFTER’S NOTE:
1162+Article – Human Services 2
12171163
1218- Error: Omitted conjunction in § 8–311.2(c)(2)(ii) of the Labor and Employment
1219-Article.
1164+5–5A–08. 3
12201165
1221- Occurred: Chs. 50 and 51, Acts of 2021.
1166+ (c) (1) The CMN Program shall facilitate assistance to critical medically 4
1167+vulnerable individuals and their households in obtaining State and federal financial 5
1168+assistance for their electric, gas, or other [source energy] ENERGY SOURCE bills through 6
1169+navigators. 7
12221170
1223-Article – Natural Resources
1171+ DRAFTER’S NOTE: 8
12241172
1225-3–126.
1173+ Error: Incorrect word usage in § 5–5A–08(c)(1) of the Human Services Article. 9
12261174
1227- (d) (1) (i) 5. B. If the accountants are unable to express an
1228-unqualified [opinion] OPINION, they shall state and explain in detail the reasons for their
1229-qualifications, disclaimer, or opinion including recommendations necessary to make
1230-possible future unqualified opinions.
1175+ Occurred: Chs. 282 and 283, Acts of 2019. 10
12311176
1232- DRAFTER’S NOTE:
1177+Article – Insurance 11
12331178
1234- Error: Omitted comma in § 3–126(d)(1)(i)5B of the Natural Resources Article.
1179+2–208. 12
12351180
1236- Occurred: Ch. 4, Acts of the First Special Session of 1973. LAWRENCE J. HOGAN, JR., Governor Ch. 135
1181+ (a) Subject to subsection (b) of this section, the expense incurred in an 13
1182+examination made under § 2–205 of this subtitle, § 2–206 of this subtitle for surplus lines 14
1183+brokers and insurance holding corporations, § 23–207 of this article for premium finance 15
1184+companies, § 15–10B–19 of this article for private review agents, § 15–10B–20 of this 16
1185+article, or § 14–610 of this article for discount medical plan organizations and discount drug 17
1186+plan organizations shall be paid by the person examined in the following manner: 18
12371187
1238-– 27 –
1188+ (3) a person may not pay and an examiner may not accept any 19
1189+compensation for an examination in addition to the compensation under [paragraph (1) of 20
1190+this section] ITEM (1) OF THIS SUBSECTION . 21
12391191
1240-Article – Public Safety
1192+ DRAFTER’S NOTE: 22
12411193
1242-2–315.
1194+ Error: Stylistic error in § 2–208(a)(3) of the Insurance Article. 23
12431195
1244- (c) The Council consists of the following members:
1196+ Occurred: Ch. 36, Acts of 1995, and as a result of Chs. 151 and 152, Acts of 2021. 24
12451197
1246- (7) the Director of the Governor’s Office of Crime [Control and] Prevention,
1247-YOUTH, AND VICTIM SERVICES, or the Director’s designee;
1198+Article – Labor and Employment 25
12481199
1249- DRAFTER’S NOTE:
1200+3–1708. 26
12501201
1251- Error: Misnomer in § 2–315(c)(7) of the Public Safety Article.
1202+ (a) If an essential worker believes that an essential employer has violated [§ 27
1203+3–1604] § 3–1704 of this subtitle: 28
1204+ 26 SENATE BILL 406
12521205
1253- Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office
1254-of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth,
1255-and Victim Services.
12561206
1257-3–522.
1207+ (1) the essential worker may seek enforcement of rights under § 5–604 of 1
1208+this article; and 2
12581209
1259- (b) (1) There is a Crisis Intervention Team Center of Excellence in the
1260-Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES.
1210+ (2) the Commissioner shall respond in accordance with the enforcement 3
1211+provisions under Title 5 of this article. 4
12611212
1262- (3) The Governor’s Office of Crime [Control and] Prevention, YOUTH, AND
1263-VICTIM SERVICES shall appoint the following individuals to oversee the Center:
1213+ (b) (1) If an essential worker believes that an essential employer has violated 5
1214+[§ 3–1606] § 3–1706 of this subtitle, the essential worker may file a written complaint with 6
1215+the Commissioner. 7
12641216
1265- (i) a crisis intervention law enforcement coordinator;
1217+ DRAFTER’S NOTE: 8
12661218
1267- (ii) a mental health coordinator;
1219+ Error: Erroneous cross–references in § 3–1708(a) and (b)(1) of the Labor and 9
1220+Employment Article. 10
12681221
1269- (iii) an advocacy coordinator; and
1222+ Occurred: As a result of Chs. 671 and 672, Acts of 2021, and Ch. 736, Acts of 2021, 11
1223+which each added a new Subtitle 16 in Title 3 of the Labor and Employment Article. 12
12701224
1271- (iv) additional coordinators necessary as determined by the
1272-Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES.
1225+8–311.2. 13
12731226
1274- (c) (2) The Collaborative Committee shall include the following members:
1227+ (c) (2) The report shall include: 14
12751228
1276- (ii) the Executive Director of the Governor’s Office of Crime [Control
1277-and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;
1229+ (ii) the current balance of the Unemployment Insurance Fund; AND 15
12781230
1279- (iv) the following individuals, appointed by the Executive Director of
1280-the Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM
1281-SERVICES:
1231+ DRAFTER’S NOTE: 16
12821232
1283- 1. at least one representative of a local behavioral health
1284-authority; Ch. 135 2022 LAWS OF MARYLAND
1233+ Error: Omitted conjunction in § 8–311.2(c)(2)(ii) of the Labor and Employment 17
1234+Article. 18
12851235
1286-– 28 –
1236+ Occurred: Chs. 50 and 51, Acts of 2021. 19
12871237
1288- 2. at least one representative from family and consumer
1289-mental health organizations;
1238+Article – Natural Resources 20
12901239
1291- 3. a representative from the Maryland Municipal League;
1240+3–126. 21
12921241
1293- 4. a representative from the Maryland Chiefs of Police
1294-Association;
1242+ (d) (1) (i) 5. B. If the accountants are unable to express an 22
1243+unqualified [opinion] OPINION, they shall state and explain in detail the reasons for their 23
1244+qualifications, disclaimer, or opinion including recommendations necessary to make 24
1245+possible future unqualified opinions. 25
12951246
1296- 5. a representative from the Maryland Association of
1297-Counties;
1247+ DRAFTER’S NOTE: 26
12981248
1299- 6. a representative of a local crisis intervention team;
1249+ Error: Omitted comma in § 3–126(d)(1)(i)5B of the Natural Resources Article. 27
13001250
1301- 7. other members determined to be necessary to carry out the
1302-work of the Collaborative Committee; and
1251+ Occurred: Ch. 4, Acts of the First Special Session of 1973. 28
13031252
1304- 8. a representative from the Maryland Sheriffs’ Association.
1253+Article – Public Safety 29 SENATE BILL 406 27
13051254
1306- (3) A member appointed by the Executive Director of the Governor’s Office
1307-of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES:
13081255
1309- (i) serves for a term of 3 years and until a successor is appointed
1310-and qualifies; and
13111256
1312- (ii) may be reappointed.
1257+2–315. 1
13131258
1314- DRAFTER’S NOTE:
1259+ (c) The Council consists of the following members: 2
13151260
1316- Error: Misnomer in § 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3) of the Public
1317-Safety Article.
1261+ (7) the Director of the Governor’s Office of Crime [Control and] Prevention, 3
1262+YOUTH, AND VICTIM SERVICES, or the Director’s designee; 4
13181263
1319- Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office
1320-of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth,
1321-and Victim Services.
1264+ DRAFTER’S NOTE: 5
13221265
1323-12–203.
1266+ Error: Misnomer in § 2–315(c)(7) of the Public Safety Article. 6
13241267
1325- (f) (6) (iii) A code home rule county of the Southern Maryland class may:
1268+ Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 7
1269+of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 8
1270+and Victim Services. 9
13261271
1327- 4. impose a fine on a property owner under this paragraph
1328-that[:
1272+3–522. 10
13291273
1330- A.] leases a unit in a multifamily dwelling or a dwelling unit
1331-that:
1332- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1274+ (b) (1) There is a Crisis Intervention Team Center of Excellence in the 11
1275+Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES. 12
13331276
1334-– 29 –
1335- A. is not registered with the county; or
1277+ (3) The Governor’s Office of Crime [Control and] Prevention, YOUTH, AND 13
1278+VICTIM SERVICES shall appoint the following individuals to oversee the Center: 14
13361279
1337- B. is in violation of the inspection criteria established by the
1338-county.
1280+ (i) a crisis intervention law enforcement coordinator; 15
13391281
1340- DRAFTER’S NOTE:
1282+ (ii) a mental health coordinator; 16
13411283
1342- Error: Tabulation error in § 12–203(f)(6)(iii)4 of the Public Safety Article.
1284+ (iii) an advocacy coordinator; and 17
13431285
1344- Occurred: Chs. 759 and 760, Acts of 2021.
1286+ (iv) additional coordinators necessary as determined by the 18
1287+Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES. 19
13451288
1346-Article – Public Utilities
1289+ (c) (2) The Collaborative Committee shall include the following members: 20
13471290
1348-7–705.
1291+ (ii) the Executive Director of the Governor’s Office of Crime [Control 21
1292+and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; 22
13491293
1350- (b–1) If an electricity supplier fails to comply with the renewable energy portfolio
1351-standard that is required to be derived from post–2022 geothermal systems for the
1352-applicable year, the electricity supplier shall pay into the Maryland Strategic Energy
1353-Investment Fund established under § 9–20B–05 of the State Government Article a
1354-compliance fee of THE FOLLOWING AMOUNT S FOR EACH KILOWATT –HOUR OF
1355-SHORTFALL FROM REQUI RED POST–2022 GEOTHERMAL SYSTEMS :
1294+ (iv) the following individuals, appointed by the Executive Director of 23
1295+the Governor’s Office of Crime [Control and] Prevention, YOUTH, AND VICTIM 24
1296+SERVICES: 25
13561297
1357- (1) 10 cents in 2023 through 2025;
1298+ 1. at least one representative of a local behavioral health 26
1299+authority; 27
1300+ 28 SENATE BILL 406
13581301
1359- (2) 9 cents in 2026;
13601302
1361- (3) 8 cents in 2027; and
1303+ 2. at least one representative from family and consumer 1
1304+mental health organizations; 2
13621305
1363- (4) 6.5 cents in 2028 and later.
1306+ 3. a representative from the Maryland Municipal League; 3
13641307
1365- DRAFTER’S NOTE:
1308+ 4. a representative from the Maryland Chiefs of Police 4
1309+Association; 5
13661310
1367- Error: Omitted language in § 7–705(b–1) of the Public Utilities Article.
1311+ 5. a representative from the Maryland Ass ociation of 6
1312+Counties; 7
13681313
1369- Occurred: Ch. 164, Acts of 2021. Correction suggested by the Attorney General in the
1370-Bill Review Letter for H.B. 1007 (Ch. 164) of 2021 (footnote 4), dated May 6, 2021.
1314+ 6. a representative of a local crisis intervention team; 8
13711315
1372-12–101.
1316+ 7. other members determined to be necessary to carry out the 9
1317+work of the Collaborative Committee; and 10
13731318
1374- (e) “Contract locator” means a person contracted by an owner specifically to
1375-determine the approximate horizontal location of the owner’s underground facilities as
1376-specified in the ticket issued by the one–call [center] SYSTEM.
1319+ 8. a representative from the Maryland Sheriffs’ Association. 11
13771320
1378- DRAFTER’S NOTE:
1321+ (3) A member appointed by the Executive Director of the Governor’s Office 12
1322+of Crime [Control and] Prevention, YOUTH, AND VICTIM SERVICES: 13
13791323
1380- Error: Incorrect word usage in § 12–101(e) of the Public Utilities Article. Ch. 135 2022 LAWS OF MARYLAND
1324+ (i) serves for a term of 3 years and until a successor is appointed 14
1325+and qualifies; and 15
13811326
1382-– 30 –
1327+ (ii) may be reappointed. 16
13831328
1384- Occurred: Ch. 18, Acts of 2021.
1329+ DRAFTER’S NOTE: 17
13851330
1386-12–107.
1331+ Error: Misnomer in § 3–522(b)(1) and (3) and (c)(2)(ii) and (iv) and (3) of the Public 18
1332+Safety Article. 19
13871333
1388- (b) The nine members shall be appointed as follows:
1334+ Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 20
1335+of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 21
1336+and Victim Services. 22
13891337
1390- (4) one member from a list submitted to the Governor by the one–call
1391-[centers] SYSTEMS operating in the State;
1338+12–203. 23
13921339
1393- DRAFTER’S NOTE:
1340+ (f) (6) (iii) A code home rule county of the Southern Maryland class may: 24
13941341
1395- Error: Incorrect word usage in § 12–107(b)(4) of the Public Utilities Article.
1342+ 4. impose a fine on a property owner under this paragraph 25
1343+that[: 26
13961344
1397- Occurred: Ch. 635, § 3, Acts of 2010.
1345+ A.] leases a unit in a multifamily dwelling or a dwelling unit 27
1346+that: 28
13981347
1399-12–121.
1348+ A. is not registered with the county; or 29 SENATE BILL 406 29
14001349
1401- (c) (1) The owner–member or its contract locator shall:
14021350
1403- (i) respond to an emergency notice as soon as possible but not later
1404-than 2 hours from the transmission of the ticket from the one–call [center] SYSTEM; and
14051351
1406- (2) The person responsible for the excavation shall be on site or in
1407-communication with the owner–member, their contract locator, or their representative
1408-within 3 hours after the transmission of the ticket by the one–call [center] SYSTEM, or a
1409-mutually agreed response time.
1352+ B. is in violation of the inspection criteria established by the 1
1353+county. 2
14101354
1411- DRAFTER’S NOTE:
1355+ DRAFTER’S NOTE: 3
14121356
1413- Error: Incorrect word usage in § 12–121(c)(1)(i) and (2) of the Public Utilities Article.
1357+ Error: Tabulation error in § 12–203(f)(6)(iii)4 of the Public Safety Article. 4
14141358
1415- Occurred: Ch. 18, Acts of 2021.
1359+ Occurred: Chs. 759 and 760, Acts of 2021. 5
14161360
1417-12–122.
1361+Article – Public Utilities 6
14181362
1419- (c) (1) The operator of a one–call system shall install and make available an
1420-underground facilities information exchange system in its one–call [center] SYSTEM in the
1421-State.
1363+7–705. 7
14221364
1423- DRAFTER’S NOTE:
1365+ (b–1) If an electricity supplier fails to comply with the renewable energy portfolio 8
1366+standard that is required to be derived from post–2022 geothermal systems for the 9
1367+applicable year, the electricity supplier shall pay into the Maryland Strategic Energy 10
1368+Investment Fund established under § 9–20B–05 of the State Government Article a 11
1369+compliance fee of THE FOLLOWING AMOUNT S FOR EACH KILOWATT –HOUR OF 12
1370+SHORTFALL FROM REQUIRED POST –2022 GEOTHERMAL SYSTEMS : 13
14241371
1425- Error: Incorrect word usage in § 12–122(c)(1) of the Public Utilities Article.
1372+ (1) 10 cents in 2023 through 2025; 14
14261373
1427- Occurred: Ch. 629, Acts of 2001.
1428- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1374+ (2) 9 cents in 2026; 15
14291375
1430-– 31 –
1431-12–125.
1376+ (3) 8 cents in 2027; and 16
14321377
1433- (b) If a person discovers that a mark is obliterated, destroyed, or removed, or
1434-observes a visible indication that an underground facility or structure is not marked as
1435-required under § 12–126 of this subtitle, the person shall notify the [call center] ONE–CALL
1436-SYSTEM to request that all or part of the current scope of work of a valid ticket be
1437-re–marked.
1378+ (4) 6.5 cents in 2028 and later. 17
14381379
1439- DRAFTER’S NOTE:
1380+ DRAFTER’S NOTE: 18
14401381
1441- Error: Incorrect word usage in § 12–125(b) of the Public Utilities Article.
1382+ Error: Omitted language in § 7–705(b–1) of the Public Utilities Article. 19
14421383
1443- Occurred: Ch. 18, Acts of 2021.
1384+ Occurred: Ch. 164, Acts of 2021. Correction suggested by the Attorney General in the 20
1385+Bill Review Letter for H.B. 1007 (Ch. 164) of 2021 (footnote 4), dated May 6, 2021. 21
14441386
1445-12–131.
1387+12–101. 22
14461388
1447- (d) In the case of an obstruction caused by a suspected cross–bore:
1389+ (e) “Contract locator” means a person contracted by an owner specifically to 23
1390+determine the approximate horizontal location of the owner’s underground facilities as 24
1391+specified in the ticket issued by the one–call [center] SYSTEM. 25
14481392
1449- (1) the person intending to remove the obstruction shall notify the one–call
1450-[center] SYSTEM and request a nonexcavation ticket for a suspected cross–bore which will
1451-be transmitted to all pertinent owner–members in the geographic area indicated for that
1452-ticket; and
1393+ DRAFTER’S NOTE: 26
14531394
1454- DRAFTER’S NOTE:
1395+ Error: Incorrect word usage in § 12–101(e) of the Public Utilities Article. 27
14551396
1456- Error: Incorrect word usage in § 12–131(d)(1) of the Public Utilities Article.
1397+ Occurred: Ch. 18, Acts of 2021. 28 30 SENATE BILL 406
14571398
1458- Occurred: Ch. 18, Acts of 2021.
14591399
1460-Article – Real Property
14611400
1462-12–102.
1401+12–107. 1
14631402
1464- In this title, property is deemed to be taken:
1403+ (b) The nine members shall be appointed as follows: 2
14651404
1466- (1) If the plaintiff lawfully is authorized to take the property before trial
1467-pursuant to Article III of the [Constitution of the State] MARYLAND CONSTITUTION , or
1468-any amendment to it, and the required payment has been made to the defendant or into
1469-court, any required security has been given, and the plaintiff has taken possession of the
1470-property and actually and lawfully appropriated it to the public purposes of the plaintiff.
1405+ (4) one member from a list submitted to the Governor by the one–call 3
1406+[centers] SYSTEMS operating in the State; 4
14711407
1472- DRAFTER’S NOTE:
1408+ DRAFTER’S NOTE: 5
14731409
1474- Error: Stylistic error in § 12–102(1) of the Real Property Article.
1410+ Error: Incorrect word usage in § 12–107(b)(4) of the Public Utilities Article. 6
14751411
1476- Occurred: Ch. 12, § 2, Acts of 1974. Ch. 135 2022 LAWS OF MARYLAND
1412+ Occurred: Ch. 635, § 3, Acts of 2010. 7
14771413
1478-– 32 –
1414+12–121. 8
14791415
1480-12–106.
1416+ (c) (1) The owner–member or its contract locator shall: 9
14811417
1482- (c) In proceeding under Article III of the [Constitution of the State] MARYLAND
1483-CONSTITUTION , or any amendment to it, the plaintiff shall pay interest at the rate of 6
1484-percent per annum on any difference between the amount of money initially paid into court
1485-for the use of the defendant and the jury award as stated in the inquisition, from the date
1486-the money was paid into court to the date of the inquisition or final judgment, whichever
1487-date is later.
1418+ (i) respond to an emergency notice as soon as possible but not later 10
1419+than 2 hours from the transmission of the ticket from the one–call [center] SYSTEM; and 11
14881420
1489- DRAFTER’S NOTE:
1421+ (2) The person responsible for the excavation shall be on site or in 12
1422+communication with the owner–member, their contract locator, or their representative 13
1423+within 3 hours after the transmission of the ticket by the one–call [center] SYSTEM, or a 14
1424+mutually agreed response time. 15
14901425
1491- Error: Stylistic error in § 12–106(c) of the Real Property Article.
1426+ DRAFTER’S NOTE: 16
14921427
1493- Occurred: Ch. 12, § 2, Acts of 1974.
1428+ Error: Incorrect word usage in § 12–121(c)(1)(i) and (2) of the Public Utilities Article. 17
14941429
1495-Article – State Finance and Procurement
1430+ Occurred: Ch. 18, Acts of 2021. 18
14961431
1497-2–209.
1432+12–122. 19
14981433
1499- (c) (1) The Council consists of the following members:
1434+ (c) (1) The operator of a one–call system shall install and make available an 20
1435+underground facilities information exchange system in its one–call [center] SYSTEM in the 21
1436+State. 22
15001437
1501- (i) the Director of the Governor’s Grants [Office] OFFICE, or the
1502-Director’s designee;
1438+ DRAFTER’S NOTE: 23
15031439
1504- (ii) the Chief Procurement [Officer] OFFICER, or the Chief
1505-Procurement Officer’s designee;
1440+ Error: Incorrect word usage in § 12–122(c)(1) of the Public Utilities Article. 24
15061441
1507- (iii) the State [Treasurer] TREASURER, or the State Treasurer’s
1508-designee;
1442+ Occurred: Ch. 629, Acts of 2001. 25
15091443
1510- (iv) the Attorney [General] GENERAL, or the Attorney General’s
1511-designee;
1444+12–125. 26
1445+ SENATE BILL 406 31
15121446
1513- (v) the Secretary of Budget and [Management] MANAGEMENT , or
1514-the Secretary’s designee;
15151447
1516- (vi) the Secretary of [Health] HEALTH, or the Secretary’s designee;
1448+ (b) If a person discovers that a mark is obliterated, destroyed, or removed, or 1
1449+observes a visible indication that an underground facility or structure is not marked as 2
1450+required under § 12–126 of this subtitle, the person shall notify the [call center] ONE–CALL 3
1451+SYSTEM to request that all or part of the current scope of work of a valid ticket be 4
1452+re–marked. 5
15171453
1518- (vii) the Secretary of Human [Services] SERVICES, or the Secretary’s
1519-designee;
1454+ DRAFTER’S NOTE: 6
15201455
1521- (viii) the Secretary of Housing and Community [Development]
1522-DEVELOPMENT , or the Secretary’s designee;
1523- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1456+ Error: Incorrect word usage in § 12–125(b) of the Public Utilities Article. 7
15241457
1525-– 33 –
1526- (xiii) the Executive Director of the Governor’s Office of Crime [Control
1527-and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;
1458+ Occurred: Ch. 18, Acts of 2021. 8
15281459
1529- DRAFTER’S NOTE:
1460+12–131. 9
15301461
1531- Error: Omitted commas in § 2–209(c)(1)(i) through (viii) and (xiii) of the State
1532-Finance and Procurement Article. Misnomer in § 2–209(c)(1)(xiii) of the State Finance and
1533-Procurement Article.
1462+ (d) In the case of an obstruction caused by a suspected cross–bore: 10
15341463
1535- Occurred: Chs. 484 and 485, Acts of 2020, and as a result of Ch. 11, Acts of 2020,
1536-which renamed the Governor’s Office of Crime Control and Prevention to be the Governor’s
1537-Office of Crime Prevention, Youth, and Victim Services.
1464+ (1) the person intending to remove the obstruction shall notify the one–call 11
1465+[center] SYSTEM and request a nonexcavation ticket for a suspected cross–bore which will 12
1466+be transmitted to all pertinent owner–members in the geographic area indicated for that 13
1467+ticket; and 14
15381468
1539-13–102.1.
1469+ DRAFTER’S NOTE: 15
15401470
1541- (c) (4) The Fund consists of any fees imposed and collected under paragraph
1542-(b)(1) of this [subsection] SECTION and § 13–226(c) of this title.
1471+ Error: Incorrect word usage in § 12–131(d)(1) of the Public Utilities Article. 16
15431472
1544- DRAFTER’S NOTE:
1473+ Occurred: Ch. 18, Acts of 2021. 17
15451474
1546- Error: Erroneous internal reference in § 13–102.1(c)(4) of the State Finance and
1547-Procurement Article.
1475+Article – Real Property 18
15481476
1549- Occurred: Ch. 590, Acts of 2017.
1477+12–102. 19
15501478
1551-Article – State Government
1479+ In this title, property is deemed to be taken: 20
15521480
1553-2–1247.
1481+ (1) If the plaintiff lawfully is authorized to take the property before trial 21
1482+pursuant to Article III of the [Constitution of the State] MARYLAND CONSTITUTION , or 22
1483+any amendment to it, and the required payment has been made to the defendant or into 23
1484+court, any required security has been given, and the plaintiff has taken possession of the 24
1485+property and actually and lawfully appropriated it to the public purposes of the plaintiff. 25
15541486
1555- (a) In addition to any duties set forth elsewhere, the Office shall:
1487+ DRAFTER’S NOTE: 26
15561488
1557- (6) perform the following duties with respect to the review of expenditures:
1489+ Error: Stylistic error in § 12–102(1) of the Real Property Article. 27
15581490
1559- (iv) evaluate each proposal of a unit of the State government for an
1560-appropriation, including any [proposal,] PROPOSAL that:
1491+ Occurred: Ch. 12, § 2, Acts of 1974. 28
15611492
1562- 1. is in the proposed State budget;
1493+12–106. 29
1494+ 32 SENATE BILL 406
15631495
1564- 2. is considered with the proposed State budget; or
15651496
1566- 3. involves State financing of a capital improvement; and
1497+ (c) In proceeding under Article III of the [Constitution of the State] MARYLAND 1
1498+CONSTITUTION , or any amendment to it, the plaintiff shall pay interest at the rate of 6 2
1499+percent per annum on any difference between the amount of money initially paid into court 3
1500+for the use of the defendant and the jury award as stated in the inquisition, from the date 4
1501+the money was paid into court to the date of the inquisition or final judgment, whichever 5
1502+date is later. 6
15671503
1568- DRAFTER’S NOTE:
1504+ DRAFTER’S NOTE: 7
15691505
1570- Error: Extraneous comma in § 2–1247(a)(6)(iv) of the State Government Article.
1571- Ch. 135 2022 LAWS OF MARYLAND
1506+ Error: Stylistic error in § 12–106(c) of the Real Property Article. 8
15721507
1573-– 34 –
1574- Occurred: Ch. 598, Acts of 1992.
1508+ Occurred: Ch. 12, § 2, Acts of 1974. 9
15751509
1576-9–1A–24.
1510+Article – State Finance and Procurement 10
15771511
1578- (b) (4) A video lottery operation licensee may provide food at no cost to
1579-individuals to the same extent allowed under [§ 5–303] § 6–310 of the Alcoholic Beverages
1580-Article for a person engaged in the sale or barter of spirituous, malt, or intoxicating liquors
1581-and licensed under the laws of Maryland.
1512+2–209. 11
15821513
1583- DRAFTER’S NOTE:
1514+ (c) (1) The Council consists of the following members: 12
15841515
1585- Error: Erroneous cross–reference in § 9–1A–24(b)(4) of the State Government
1586-Article.
1516+ (i) the Director of the Governor’s Grants [Office] OFFICE, or the 13
1517+Director’s designee; 14
15871518
1588- Occurred: Ch. 228, Acts of 2016.
1519+ (ii) the Chief Procurement [Officer] OFFICER, or the Chief 15
1520+Procurement Officer’s designee; 16
15891521
1590-9–1A–36.
1522+ (iii) the State [Treasurer] TREASURER, or the State Treasurer’s 17
1523+designee; 18
15911524
1592- (g) The Video Lottery Facility Location Commission may not award more than
1593-one video lottery [facility] operation license in a single county or Baltimore City.
1525+ (iv) the Attorney [General] GENERAL, or the Attorney General’s 19
1526+designee; 20
15941527
1595- DRAFTER’S NOTE:
1528+ (v) the Secretary of Budget and [Management] MANAGEMENT , or 21
1529+the Secretary’s designee; 22
15961530
1597- Error: Extraneous word in § 9–1A–36(g) of the State Government Article.
1531+ (vi) the Secretary of [Health] HEALTH, or the Secretary’s designee; 23
15981532
1599- Occurred: Ch. 4, Acts of the Special Session of 2007.
1533+ (vii) the Secretary of Human [Services] SERVICES, or the Secretary’s 24
1534+designee; 25
16001535
1601-9–914.3.
1536+ (viii) the Secretary of Housing and Community [Development] 26
1537+DEVELOPMENT , or the Secretary’s designee; 27
16021538
1603- (a) All money received by the Trust shall be deposited, as directed by the Trust,
1604-in any state or national bank, or federally or [state insured] STATE–INSURED savings and
1605-loan associations located in the State having a total paid–in capital of at least $1,000,000.
1606-The trust department of any state or national bank or savings and loan association may be
1607-designated as a depository to receive any securities acquired or owned by the Trust. The
1608-restriction with respect to paid–in capital may be waived for any qualifying bank or savings
1609-and loan association that agrees to pledge securities of the state or of the United States to
1610-protect the funds and securities of the Trust in amounts and under arrangements
1611-acceptable to the Trust.
1539+ (xiii) the Executive Director of the Governor’s Office of Crime [Control 28
1540+and] Prevention, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; 29
16121541
1613- (b) (1) Except as provided in paragraph (2) of this subsection, any money of
1614-the Trust, in its discretion and unless otherwise provided in any agreement or covenant
1615-between the Trust and the holders of any of its obligations limiting or restricting classes of
1616-investments, may be invested in bonds or other obligations of the United States, the State,
1617-the political subdivisions or units of the State, direct or indirect federal agencies, corporate
1618-bonds with a rating of BAA3/BBB, or [mortgage backed and asset backed]
1619-MORTGAGE –BACKED AND ASSET –BACKED securities with a rating of AAA. LAWRENCE J. HOGAN, JR., Governor Ch. 135
1542+ DRAFTER’S NOTE: 30 SENATE BILL 406 33
16201543
1621-– 35 –
16221544
1623- DRAFTER’S NOTE:
16241545
1625- Error: Omitted hyphens in § 9–914.3(a) and (b)(1) of the State Government Article.
1546+ Error: Omitted commas in § 2–209(c)(1)(i) through (viii) and (xiii) of the State 1
1547+Finance and Procurement Article. Misnomer in § 2–209(c)(1)(xiii) of the State Finance and 2
1548+Procurement Article. 3
16261549
1627- Occurred: Ch. 681, Acts of 2013.
1550+ Occurred: Chs. 484 and 485, Acts of 2020, and as a result of Ch. 11, Acts of 2020, 4
1551+which renamed the Governor’s Office of Crime Control and Prevention to be the Governor’s 5
1552+Office of Crime Prevention, Youth, and Victim Services. 6
16281553
1629-9–940.
1554+13–102.1. 7
16301555
1631- (c) The purpose of the Program is to ensure that:
1556+ (c) (4) The Fund consists of any fees imposed and collected under paragraph 8
1557+(b)(1) of this [subsection] SECTION and § 13–226(c) of this title. 9
16321558
1633- (2) general issues relating to [veterans] VETERANS’ needs are brought to
1634-the attention of the Governor and the General Assembly in order for them to be addressed.
1559+ DRAFTER’S NOTE: 10
16351560
1636- DRAFTER’S NOTE:
1561+ Error: Erroneous internal reference in § 13–102.1(c)(4) of the State Finance and 11
1562+Procurement Article. 12
16371563
1638- Error: Omitted apostrophe in § 9–940(c)(2) of the State Government Article.
1564+ Occurred: Ch. 590, Acts of 2017. 13
16391565
1640- Occurred: Ch. 290, Acts of 2006.
1566+Article – State Government 14
16411567
1642-9–1005.
1568+2–1247. 15
16431569
1644- (a) (2) The STATE Archivist shall:
1570+ (a) In addition to any duties set forth elsewhere, the Office shall: 16
16451571
1646- (i) be knowledgeable in subjects relevant to archival activities; and
1572+ (6) perform the following duties with respect to the review of expenditures: 17
16471573
1648- (ii) possess experience in archival or related fields.
1574+ (iv) evaluate each proposal of a unit of the State government for an 18
1575+appropriation, including any [proposal,] PROPOSAL that: 19
16491576
1650- DRAFTER’S NOTE:
1577+ 1. is in the proposed State budget; 20
16511578
1652- Error: Omitted word in § 9–1005(a)(2) of the State Government Article.
1579+ 2. is considered with the proposed State budget; or 21
16531580
1654- Occurred: Ch. 286, § 5, Acts of 1984.
1581+ 3. involves State financing of a capital improvement; and 22
16551582
1656-9–1007.
1583+ DRAFTER’S NOTE: 23
16571584
1658- (a) In addition to any powers set forth elsewhere, the State Archivist may:
1585+ Error: Extraneous comma in § 2–1247(a)(6)(iv) of the State Government Article. 24
16591586
1660- (1) adopt regulations to:
1587+ Occurred: Ch. 598, Acts of 1992. 25
16611588
1662- (iv) define the categories of records in the report of the Records
1663-Management Division under [§ 10–634] § 10–611 of this article;
1589+9–1A–24. 26
1590+ 34 SENATE BILL 406
16641591
1665- (3) on request, or at the State Archivist’s discretion, review, evaluate, and
1666-make recommendations to the General Assembly regarding State designations under [Title
1667-13 of this article] TITLE 7 OF THE GENERAL PROVISIONS ARTICLE. Ch. 135 2022 LAWS OF MARYLAND
16681592
1669-– 36 –
1593+ (b) (4) A video lottery operation licensee may provide food at no cost to 1
1594+individuals to the same extent allowed under [§ 5–303] § 6–310 of the Alcoholic Beverages 2
1595+Article for a person engaged in the sale or barter of spirituous, malt, or intoxicating liquors 3
1596+and licensed under the laws of Maryland. 4
16701597
1671- (b) At the request of the President of the Senate, the Speaker of the House, the
1672-Chair of the Senate Education, Health, and Environmental Affairs Committee, or the Chair
1673-of the House Health and Government Operations Committee, the State Archivist shall
1674-review, evaluate, and make recommendations to the General Assembly regarding State
1675-designations under [Title 13 of this article] TITLE 7 OF THE GENERAL PROVISIONS
1676-ARTICLE.
1598+ DRAFTER’S NOTE: 5
16771599
1678- DRAFTER’S NOTE:
1600+ Error: Erroneous cross–reference in § 9–1A–24(b)(4) of the State Government 6
1601+Article. 7
16791602
1680- Error: Obsolete cross–references in § 9–1007(a)(1)(iv) and (3) and (b) of the State
1681-Government Article.
1603+ Occurred: Ch. 228, Acts of 2016. 8
16821604
1683- Occurred: As a result of Ch. 104, Acts of 2014, and Ch. 94, § 2, Acts of 2014.
1605+9–1A–36. 9
16841606
1685-20–1036.
1607+ (g) The Video Lottery Facility Location Commission may not award more than 10
1608+one video lottery [facility] operation license in a single county or Baltimore City. 11
16861609
1687- (c) (1) In a civil action under subsection (a) of this section, the court may:
1610+ DRAFTER’S NOTE: 12
16881611
1689- (i) award preventive relief, including a permanent or temporary
1690-injunction, restraining order, or other order against the person responsible for a violation
1691-of Subtitle 7 of this title as necessary to [assure] ENSURE the full enjoyment of the rights
1692-granted by Subtitle 7 of this title;
1612+ Error: Extraneous word in § 9–1A–36(g) of the State Government Article. 13
16931613
1694- DRAFTER’S NOTE:
1614+ Occurred: Ch. 4, Acts of the Special Session of 2007. 14
16951615
1696- Error: Incorrect word usage in § 20–1036(c)(1)(i) of the State Government Article.
1616+9–914.3. 15
16971617
1698- Occurred: Ch. 120, § 2, Acts of 2009.
1618+ (a) All money received by the Trust shall be deposited, as directed by the Trust, 16
1619+in any state or national bank, or federally or [state insured] STATE–INSURED savings and 17
1620+loan associations located in the State having a total paid–in capital of at least $1,000,000. 18
1621+The trust department of any state or national bank or savings and loan association may be 19
1622+designated as a depository to receive any securities acquired or owned by the Trust. The 20
1623+restriction with respect to paid–in capital may be waived for any qualifying bank or savings 21
1624+and loan association that agrees to pledge securities of the state or of the United States to 22
1625+protect the funds and securities of the Trust in amounts and under arrangements 23
1626+acceptable to the Trust. 24
16991627
1700-Article – Transportation
1628+ (b) (1) Except as provided in paragraph (2) of this subsection, any money of 25
1629+the Trust, in its discretion and unless otherwise provided in any agreement or covenant 26
1630+between the Trust and the holders of any of its obligations limiting or restricting classes of 27
1631+investments, may be invested in bonds or other obligations of the United States, the State, 28
1632+the political subdivisions or units of the State, direct or indirect federal agencies, corporate 29
1633+bonds with a rating of BAA3/BBB, or [mortgage backed and asset backed] 30
1634+MORTGAGE –BACKED AND ASSET –BACKED securities with a rating of AAA. 31
17011635
1702-25–113.
1636+ DRAFTER’S NOTE: 32
17031637
1704- (f) (2) (iv) When the Maryland Statistical Analysis Center updates a
1705-filterable data display under this section, the Governor’s Office of Crime [Control and]
1706-Prevention, YOUTH, AND VICTIM SERVICES shall provide electronic and written notice
1707-of the update to the General Assembly in accordance with § 2–1257 of the State Government
1708-Article.
1638+ Error: Omitted hyphens in § 9–914.3(a) and (b)(1) of the State Government Article. 33
1639+ SENATE BILL 406 35
17091640
1710- DRAFTER’S NOTE:
17111641
1712- Error: Misnomer in § 25–113(f)(2)(iv) of the Transportation Article.
1713- LAWRENCE J. HOGAN, JR., Governor Ch. 135
1642+ Occurred: Ch. 681, Acts of 2013. 1
17141643
1715-– 37 –
1716- Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office
1717-of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth,
1718-and Victim Services.
1644+9–940. 2
17191645
1720-Chapter 645 of the Acts of 2021
1646+ (c) The purpose of the Program is to ensure that: 3
17211647
1722- SECTION 8. AND BE IT FURTHER ENACTED, That:
1648+ (2) general issues relating to [veterans] VETERANS’ needs are brought to 4
1649+the attention of the Governor and the General Assembly in order for them to be addressed. 5
17231650
1724- (a) Subject to subsection (b) of this section, Section [1] 2 of this Act shall be
1725-construed to apply retroactively and shall be applied to and interpreted to affect any
1726-qualified conservation completed, and any resulting afforestation or reforestation credits
1727-given, to the extent they were approved in good faith under a State or local program as a
1728-forest mitigation bank before the effective date of this Act.
1651+ DRAFTER’S NOTE: 6
17291652
1730- (b) Nothing in this section requires a State or local program to reevaluate or alter
1731-any of its final determinations related to the granting or denial of afforestation or
1732-reforestation credits for qualified conservation made before the effective date of this Act.
1653+ Error: Omitted apostrophe in § 9–940(c)(2) of the State Government Article. 7
17331654
1734- DRAFTER’S NOTE:
1655+ Occurred: Ch. 290, Acts of 2006. 8
17351656
1736- Error: Erroneous internal reference in Ch. 645, § 8(a), Acts of 2021.
1657+9–1005. 9
17371658
1738- Occurred: Ch. 645, § 8, Acts of 2021.
1659+ (a) (2) The STATE Archivist shall: 10
17391660
1740- SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained
1741-in this Act are not law and may not be considered to have been enacted as part of this Act.
1661+ (i) be knowledgeable in subjects relevant to archival activities; and 11
17421662
1743- SECTION 3. AND BE IT FURTHER ENACTED, That the provisions of this Act are
1744-intended solely to correct technical errors in the law and there is no intent to revive or
1745-otherwise affect law that is the subject of other acts, whether those acts were signed by the
1746-Governor prior to or after the signing of this Act.
1663+ (ii) possess experience in archival or related fields. 12
17471664
1748- SECTION 4. AND BE IT FURTHER ENACTED, That the pub lishers of the
1749-Annotated Code of Maryland, subject to the approval of the Department of Legislative
1750-Services, shall make any changes in the text of the Annotated Code necessary to effectuate
1751-any termination provision that was enacted by the General Assembly and has taken effect
1752-or will take effect prior to October 1, 2022. Any enactment of the 2022 Session of the General
1753-Assembly that negates or extends the effect of a previously enacted termination provision
1754-shall prevail over the provisions of this section.
1665+ DRAFTER’S NOTE: 13
17551666
1756- SECTION 5. AND BE IT FURTHER ENACTED, That the publishers of the
1757-Annotated Code of Maryland, in consultation with and subject to the approval of the
1758-Department of Legislative Services, shall make nonsubstantive corrections to codification,
1759-style, capitalization, punctuation, grammar, spelling, and any reference rendered incorrect
1760-or obsolete by an Act of the General Assembly, with no further action required by the Ch. 135 2022 LAWS OF MARYLAND
1667+ Error: Omitted word in § 9–1005(a)(2) of the State Government Article. 14
17611668
1762-– 38 –
1763-General Assembly. The publishers shall adequately describe any such correction in an
1764-editor’s note following the section affected.
1669+ Occurred: Ch. 286, § 5, Acts of 1984. 15
17651670
1766- SECTION 6. AND BE IT FURTHER ENACTED, That the publishers of the
1767-Annotated Code of Maryland, in consultation with and subject to the approval of the
1768-Department of Legislative Services, shall correct all obsolete references to the Veterans
1769-Administration rendered incorrect as described in the Drafter’s Note for § 4A–1009(a)(8) of
1770-the Corporations and Associations Article, as enacted by this Act.
1671+9–1007. 16
17711672
1772- SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency
1773-measure, is necessary for the immediate preservation of the public health or safety, has
1774-been passed by a yea and nay vote supported by three–fifths of all the members elected to
1775-each of the two Houses of the General Assembly, and shall take effect from the date it is
1776-enacted.
1673+ (a) In addition to any powers set forth elsewhere, the State Archivist may: 17
17771674
1778-Approved by the Governor, April 12, 2022.
1675+ (1) adopt regulations to: 18
1676+
1677+ (iv) define the categories of records in the report of the Records 19
1678+Management Division under [§ 10–634] § 10–611 of this article; 20
1679+
1680+ (3) on request, or at the State Archivist’s discretion, review, evaluate, and 21
1681+make recommendations to the General Assembly regarding State designations under [Title 22
1682+13 of this article] TITLE 7 OF THE GENERAL PROVISIONS ARTICLE. 23
1683+
1684+ (b) At the request of the President of the Senate, the Speaker of the House, the 24
1685+Chair of the Senate Education, Health, and Environmental Affairs Committee, or the Chair 25
1686+of the House Health and Government Operations Committee, the State Archivist shall 26
1687+review, evaluate, and make recommendations to the General Assembly regarding State 27 36 SENATE BILL 406
1688+
1689+
1690+designations under [Title 13 of this article] TITLE 7 OF THE GENERAL PROVISIONS 1
1691+ARTICLE. 2
1692+
1693+ DRAFTER’S NOTE: 3
1694+
1695+ Error: Obsolete cross–references in § 9–1007(a)(1)(iv) and (3) and (b) of the State 4
1696+Government Article. 5
1697+
1698+ Occurred: As a result of Ch. 104, Acts of 2014, and Ch. 94, § 2, Acts of 2014. 6
1699+
1700+20–1036. 7
1701+
1702+ (c) (1) In a civil action under subsection (a) of this section, the court may: 8
1703+
1704+ (i) award preventive relief, including a permanent or temporary 9
1705+injunction, restraining order, or other order against the person responsible for a violation 10
1706+of Subtitle 7 of this title as necessary to [assure] ENSURE the full enjoyment of the rights 11
1707+granted by Subtitle 7 of this title; 12
1708+
1709+ DRAFTER’S NOTE: 13
1710+
1711+ Error: Incorrect word usage in § 20–1036(c)(1)(i) of the State Government Article. 14
1712+
1713+ Occurred: Ch. 120, § 2, Acts of 2009. 15
1714+
1715+Article – Transportation 16
1716+
1717+25–113. 17
1718+
1719+ (f) (2) (iv) When the Maryland Statistical Analysis Center updates a 18
1720+filterable data display under this section, the Governor’s Office of Crime [Control and] 19
1721+Prevention, YOUTH, AND VICTIM SERVICES shall provide electronic and written notice 20
1722+of the update to the General Assembly in accordance with § 2–1257 of the State Government 21
1723+Article. 22
1724+
1725+ DRAFTER’S NOTE: 23
1726+
1727+ Error: Misnomer in § 25–113(f)(2)(iv) of the Transportation Article. 24
1728+
1729+ Occurred: As a result of Ch. 11, Acts of 2020, which renamed the Governor’s Office 25
1730+of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, 26
1731+and Victim Services. 27
1732+
1733+Chapter 645 of the Acts of 2021 28
1734+
1735+ SECTION 8. AND BE IT FURTHER ENACTED, That: 29
1736+ SENATE BILL 406 37
1737+
1738+
1739+ (a) Subject to subsection (b) of this section, Section [1] 2 of this Act shall be 1
1740+construed to apply retroactively and shall be applied to and interpreted to affect any 2
1741+qualified conservation completed, and any resulting afforestation or reforestation credits 3
1742+given, to the extent they were approved in good faith under a State or local program as a 4
1743+forest mitigation bank before the effective date of this Act. 5
1744+
1745+ (b) Nothing in this section requires a State or local program to reevaluate or alter 6
1746+any of its final determinations related to the granting or denial of afforestation or 7
1747+reforestation credits for qualified conservation made before the effective date of this Act. 8
1748+
1749+ DRAFTER’S NOTE: 9
1750+
1751+ Error: Erroneous internal reference in Ch. 645, § 8(a), Acts of 2021. 10
1752+
1753+ Occurred: Ch. 645, § 8, Acts of 2021. 11
1754+
1755+ SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained 12
1756+in this Act are not law and may not be considered to have been enacted as part of this Act. 13
1757+
1758+ SECTION 3. AND BE IT FURTHER ENACTED, That the provisions of this Act are 14
1759+intended solely to correct technical errors in the law and there is no intent to revive or 15
1760+otherwise affect law that is the subject of other acts, whether those acts were signed by the 16
1761+Governor prior to or after the signing of this Act. 17
1762+
1763+ SECTION 4. AND BE IT FURTHER ENACTED, That the pub lishers of the 18
1764+Annotated Code of Maryland, subject to the approval of the Department of Legislative 19
1765+Services, shall make any changes in the text of the Annotated Code necessary to effectuate 20
1766+any termination provision that was enacted by the General Assembly and has taken effect 21
1767+or will take effect prior to October 1, 2022. Any enactment of the 2022 Session of the General 22
1768+Assembly that negates or extends the effect of a previously enacted termination provision 23
1769+shall prevail over the provisions of this section. 24
1770+
1771+ SECTION 5. AND BE IT FURTHER ENACTED, That the publishers of the 25
1772+Annotated Code of Maryland, in consultation with and subject to the approval of the 26
1773+Department of Legislative Services, shall make nonsubstantive corrections to codification, 27
1774+style, capitalization, punctuation, grammar, spelling, and any reference rendered incorrect 28
1775+or obsolete by an Act of the General Assembly, with no further action required by the 29
1776+General Assembly. The publishers shall adequately describe any such correction in an 30
1777+editor’s note following the section affected. 31
1778+
1779+ SECTION 6. AND BE IT FURTHER ENACTED, That the publishers of the 32
1780+Annotated Code of Maryland, in consultation with and subject to the approval of the 33
1781+Department of Legislative Services, shall correct all obsolete references to the Veterans 34
1782+Administration rendered incorrect as described in the Drafter’s Note for § 4A–1009(a)(8) of 35
1783+the Corporations and Associations Article, as enacted by this Act. 36
1784+ 38 SENATE BILL 406
1785+
1786+
1787+ SECTION 7. AND BE IT FURTHER ENACTED, That this Act is an emergency 1
1788+measure, is necessary for the immediate preservation of the public health or safety, has 2
1789+been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
1790+each of the two Houses of the General Assembly, and shall take effect from the date it is 4
1791+enacted. 5
1792+
1793+
1794+
1795+Approved:
1796+________________________________________________________________________________
1797+ Governor.
1798+________________________________________________________________________________
1799+ President of the Senate.
1800+________________________________________________________________________________
1801+ Speaker of the House of Delegates.