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Requiring employers with 15 or more employees to provide employees with earned sick and safe leave that is paid at the same wage rate as the employee normally earns; requiring employers with 14 or fewer employees to provide unpaid earned sick and safe leave; prohibiting an employer from being required to pay a tipped employee more than a minimum wage for earned sick and safe leave; requiring the Commissioner of Labor and Industry to develop a specified model paid sick and safe leave policy for use by specified employers; etc.
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the purpose of requiring certain employers to provide employees with certain earned 3 sick and safe leave; providing for the method of determining whether an employer is 4 required to provide paid or unpaid earned sick and safe leave; providing for the 5 manner in which earned sick and safe leave is accrued by the employee and treated 6 by the employer; authorizing an employer, under certain circumstances, to deduct 7 the amount paid for earned sick and safe leave from the wages paid to an employee 8 on the termina tion of employment under a certain provision of law; prohibiting an 9 employer from being required to pay out on the termination of employment certain 10 earned sick and safe leave; requiring an employer to allow an employee to use earned 11 sick and safe leave fo r certain purposes; authorizing an employer to require an 12 employee to provide certain notice under certain circumstances; requiring an 13 employee, under certain circumstances, to provide certain notice to the employer; 14 authorizing an employer to deny a reque st for leave under certain circumstances; 15 prohibiting an employer from requiring that a certain employee search for or find an 16 individual to work in the employee’s stead during a certain period of time; 17 authorizing an employee to work additional hours or t rade shifts with another 18 employee instead of taking earned sick and safe leave, under certain circumstances; 19 providing that an employee is not required to accept a certain offer; prohibiting an 20 employer, under certain circumstances, from being required to pay more than a 21 certain rate or allowing an employee to work certain hours or shifts; prohibiting an 22 employer, under certain circumstances, from deducting a certain absence from a 23 certain employee’s earned sick and safe leave; authorizing an employer, unde r 24 certain circumstances, to require an employee to provide certain verification; 25 requiring an employer to notify the employees that the employees are entitled to 26 certain earned sick and safe leave; specifying the information that must be included 27 in the no tice; requiring the Commissioner of Labor and Industry to create and make 28 available a certain poster and notice; requiring an employer to keep certain records 29 for a certain time period; authorizing the Commissioner to inspect certain records; 30 2 HOUSE BILL 1 establishing a presumption that an employer has violated certain provisions of this 1 Act under certain circumstances; requiring and authorizing the Commissioner to 2 take certain acts when the Commissioner receives a certain written complaint; 3 specifying the contents that are required to be included and may be included in a 4 certain order issued by the Commissioner; subjecting certain acts to certain hearing 5 and notice requirements; requiring an employer to comply with a certain order 6 within a certain time period; authorizi ng an employee to bring a civil action in a 7 certain court against an employer for a violation of certain provisions of this Act 8 within a certain time period; requiring a court to award certain damages, fees, and 9 injunctive relief under certain circumstance s; establishing certain prohibited acts; 10 providing for certain criminal penalties; providing that certain protections apply to 11 certain employees; authorizing the Commissioner to adopt regulations to carry out 12 certain provisions of this Act; authorizing the Commissioner to conduct an 13 investigation, under certain circumstances, to determine whether certain provisions 14 of this Act have been violated; requiring the Commissioner, except under certain 15 circumstances, to keep certain information confidential; provid ing for the 16 construction of certain provisions of this Act; providing that this Act preempts the 17 authority of a local jurisdiction to enact a law on or after a certain date that provides 18 for certain sick and safe leave provided by certain employers; provid ing for the 19 application of this Act; providing for a delayed effective date; defining certain terms; 20 and generally relating to earned sick and safe leave. 21 BY repealing and reenacting, with amendments, 22 Article – Labor and Employment 23 Section 2 –106(b) 24 Annotated Code of Maryland 25 (2016 Replac ement Volume ) 26 BY adding to 27 Article – Labor and Employment 28 Section 3 –103(k); and 3 –1301 through 3 –1311 to be under the new subtitle “Subtitle 29 13. Healthy Working Families Act” 30 Annotated Code of Maryland 31 (2016 Repl acement Volume ) 32 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33 That the Laws of Maryland read as follows: 34 Article – Labor and Employment 35 2–106. 36 (b) Except as provided in subsection (c) of this section, and in addition to authority 37 to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations 38 that are necessary to carry out: 39 (1) Title 3, Subtitle 3 of this article; 40 HOUSE BILL 1 3 (2) Title 3, Subtitle 5 of this article; 1 (3) TITLE 3, SUBTITLE 13 OF THIS ARTICLE ; 2 [(3)] (4) Title 4, Subtitle 2, Parts I through III of this article; 3 [(4)] (5) Title 5 of this article; 4 [(5)] (6) Title 6 of this article; and 5 [(6)] (7) Title 7 of this article. 6 3–103. 7 (K) (1) THE COMMISSIONER MAY COND UCT AN INVESTIGATION TO 8 DETE RMINE WHETHER SUBTITLE 13 OF THIS TITLE HAS BE EN VIOLATED ON 9 RECEIPT OF A WRITTEN COMPLAINT BY AN EMPL OYEE . 10 (2) TO THE EXTENT PRACTIC ABLE , THE COMMISSIONER SHALL KE EP 11 CONFIDENTIAL THE IDE NTITY OF AN EMPLOYEE WHO HAS FILED A WRIT TEN 12 COMPLAINT ALLEGING A VIOLATION OF SUBTITLE 13 OF THIS TITLE UNLESS THE 13 EMPLOYEE WAIVES CONF IDENTIALITY . 14 SUBTITLE 13. HEALTHY WORKING FAMILIES ACT. 15 3–1301. 16 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17 INDICATED . 18 (B) “ABUSE” HAS THE MEANING STAT ED IN § 4–501 OF THE FAMILY LAW 19 ARTICLE . 20 (C) “DOMESTIC VIOLENCE ” MEANS ABUSE AGAINST AN INDIVIDUAL 21 ELIGIBLE FOR RELIEF . 22 (D) “EARNED SICK AND SAFE LEAVE” MEANS PAID LEAVE AWA Y FROM WORK 23 THAT IS PROVIDED BY AN EMPLOYER UNDER § 3–1304 OF THIS SUBTITLE . 24 (E) “EMPLOYEE ” DOES NOT INCLUDE AN INDIVIDUAL WHO : 25 (1) PERFORMS WORK UNDER A CONTRACT OF HIRE T HAT IS 26 DETERMINED NOT TO BE COVERED EMPLOYMENT U NDER § 8–205 OF THIS ARTICLE ; 27 4 HOUSE BILL 1 (2) IS NOT A COVERED EMP LOYEE UNDER § 9–222 OF THIS ARTICLE ; 1 (3) IS UNDER THE AGE OF 18 YEARS BEFORE THE BEG INNING OF THE 2 YEAR ; OR 3 (4) IS EMPLOYED IN THE A GRICULTURAL SECTOR O N AN 4 AGRICULTURAL OPERATI ON UNDER § 5–403( A) OF THE COURTS ARTICLE . 5 (F) “EMPLOYER ” INCLUDES : 6 (1) A UNIT OF STATE OR LOCAL GOVERN MENT ; AND 7 (2) A PERSON THAT A CTS DIRECTLY OR INDI RECTLY IN THE INTERE ST 8 OF ANOTHER EMPLOYER WITH AN EMPLOYEE . 9 (G) “FAMILY MEMBER ” MEANS : 10 (1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD , OR A 11 STEPCHILD OF THE EMP LOYEE ; 12 (2) A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL O R PHYSICAL 13 CUSTODY OR GUARDIANS HIP; 14 (3) A CHILD FOR WHOM THE EMPLOYEE STANDS IN L OCO PARENTIS , 15 REGARDLESS OF THE CH ILD’S AGE ; 16 (4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 17 OR A STEPPARENT OF T HE EMPLOYEE OR OF TH E EMPLOYEE ’S SPOUSE ; 18 (5) THE LEGAL GUARDIAN O F THE EMPLOYEE ; 19 (6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 20 PARENTIS TO THE EMPL OYEE OR THE EMPLOYEE ’S SPOUSE WHEN THE EM PLOYEE 21 OR THE EMPLOYEE ’S SPOUSE WAS A MINOR ; 22 (7) THE SPOUSE OF THE EM PLOYEE ; 23 (8) A BIOLOG ICAL GRANDPARENT , AN ADOPTED GRANDPARE NT, A 24 FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE EMPLOYEE ; 25 (9) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 26 FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE EMPLOYEE ; OR 27 (10) A BIOLOGICAL SIBLING , AN ADOPT ED SIBLING , A FOSTER SIBLING , 28 OR A STEPSIBLING OF THE EMPLOYEE . 29 HOUSE BILL 1 5 (H) “PERSON ELIGIBLE FOR R ELIEF” HAS THE MEANING STAT ED IN § 1 4–501 OF THE FAMILY LAW ARTICLE . 2 (I) “SEXUAL ASSAULT ” MEANS : 3 (1) RAPE , SEXUAL OFFENSE , OR ANY OTHER ACT THA T IS A SEXUAL 4 CRIME UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE ; 5 (2) CHILD SEXUAL ABUSE U NDER § 3–602 OF THE CRIMINAL LAW 6 ARTICLE ; OR 7 (3) SEXUAL ABUSE OF A VU LNERABLE ADULT UNDER § 3–604 OF THE 8 CRIMINAL LAW ARTICLE . 9 (J) “STALKING ” HAS THE MEANING STAT ED IN § 3–802 OF THE CRIMINAL 10 LAW ARTICLE . 11 (K) UNLESS THE CONTEXT RE QUIRES OTHERWISE , “YEAR” MEANS A 12 REGULAR AND CONSECUT IVE 12–MONTH PERIOD AS DETE RMINED BY THE 13 EMPLOYER . 14 3–1302. 15 (A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 16 (1) REQUIRE AN EMPLOYER TO COMPENSATE AN EMPLOY EE FOR 17 UNUSED EARNED SICK A ND SAFE LEAVE WHEN T HE EMPLOYEE LEAVES T HE 18 EMPLOYER ’S EMPLOYMENT ; 19 (2) REQUIRE AN EMPLOYER TO MODIFY AN EXISTIN G PAID LEAVE 20 POLICY IF THE POLICY PERMITS AN EMPLOYEE TO ACCRUE AND USE LE AVE UNDER 21 TERMS AND CO NDITIONS THAT ARE AT LEAST EQUIVALENT TO THE EARNED SICK 22 AND SAFE LEAVE PROVI DED FOR UNDER THIS S UBTITLE ; 23 (3) EXCEPT AS PROVIDED I N SUBSECTION (C) OF THIS SECTION , 24 PREEMPT , LIMIT , OR OTHERWISE AFFECT ANY OTHER LAW THAT P ROVIDES FOR 25 SICK AND SAFE LEAVE BENEFITS THAT ARE MOR E GENEROUS THAN REQU IRED 26 UNDER THIS SUBTITLE ; 27 (4) PREEMPT , LIMIT , OR OTHERWISE AFFECT ANY WORKERS ’ 28 COMPENSATION BENEFIT S THAT ARE AVAILABLE UNDER TITLE 9 OF THIS ARTICLE ; 29 OR 30 6 HOUSE BILL 1 (5) PROHIBIT AN EMPLOYER FROM ADOPTING A POLI CY THAT LIM ITS 1 AN EMPLOYEE TO USING EARNED SICK AND SAFE LEAVE ONLY FOR THE R EASONS 2 LISTED IN § 3–1305( A) OF THIS SUBTITLE . 3 (B) FOR THE PURPOSES OF S UBSECTION (A)(2) OF THIS SECTION , THE 4 TERMS AND CONDITIONS OF A PAID LEAVE POLI CY SHALL BE PRESUMED TO BE 5 EQUIVALENT IF THE TERMS AND CON DITIONS ALLOW AN EMP LOYEE TO : 6 (1) ACCESS AND ACCRUE PA ID LEAVE AT THE SAME RATE OR AT A 7 GREATER RATE THAN PR OVIDED FOR IN § 3–1304 OF THIS SUBTITLE ; AND 8 (2) USE THE PAID LEAVE F OR THE PURPOSES LIST ED IN § 3–1305 OF 9 THIS SUBTITLE . 10 (C) THIS SUBTITLE PREEMPT S THE AUTHORITY OF A LOCAL JURISDICTION 11 TO ENACT A LAW ON OR AFTER JANUARY 1, 2017 , THAT REGULATES SICK AND SAFE 12 LEAVE PROVIDED BY AN EMPLOYER OTHER THAN THE LOCAL JURISDICTI ON. 13 3–1303. 14 (A) THIS SUBTITLE DOES NO T APPLY TO AN EMPLOYEE WHO : 15 (1) REGULARLY WORKS LESS THAN 8 HOURS A WEEK FOR AN 16 EMPLOYER ; OR 17 (2) (I) IS EMPLOYED IN THE C ONSTRUCTION INDUSTRY ; AND 18 (II) IS COVERED BY A BONA FIDE COLLECTIVE BARG AINING 19 AGREEMENT IN WHICH T HE REQUIREMENTS OF T HIS SUBTITLE ARE EXPRESSLY 20 WAIVED IN CLEAR AND UNAMBIGUOUS TERMS . 21 (B) FOR THE PURPOSE OF SU BSECTION (A)(2)( I) OF THIS SECTION , AN 22 EMPLOYEE WHO IS EMPL OYED IN THE CONSTRUC TION INDUSTRY DOES N OT 23 INCLUDE AN EMPLOYEE EMPLOYED AS : 24 (1) A JANITOR ; 25 (2) A BUILDING CLEANER ; 26 (3) A BUILDING SECURITY OFFICER ; 27 (4) A CONCIERGE ; 28 (5) A DOORPERSON ; 29 HOUSE BILL 1 7 (6) A HANDYPERSON ; OR 1 (7) A BUILDING SUPERINTE NDENT . 2 3–1304. 3 (A) (1) AN EMPLOYER THAT EMPL OYS 15 OR MORE EMPLOYEES SHALL 4 PROVIDE AN EMPLOYEE WITH EARNED SICK AND SAFE LEAVE THAT IS P AID AT THE 5 SAME WAGE RATE AS THE EMPLOYEE NORMALLY EARNS . 6 (2) AN EMPLOYER THAT EMPL OYS 14 OR FEWER EMPLOYEES SHALL 7 PROVIDE AN EMPLOYEE WITH UNPAID EARNED S ICK AND SAFE LEAVE . 8 (3) (I) FOR THE PURPOSE OF DE TERMINING WHETHER AN 9 EMPLOYER IS REQUIRED TO PROVIDE PAID OR U NPAID EARNED SICK AN D SAFE 10 LEAVE UNDER THIS SUB SECTION , THE NUMBER OF EMPLOY EES OF AN EMPLOYER 11 SHALL BE DETERMINED BY CALCULATING THE A VERAGE MONTHLY NUMBE R OF 12 EMP LOYEES EMPLOYED BY T HE EMPLOYER DURING T HE IMMEDIATELY PRECE DING 13 YEAR . 14 (II) EACH EMPLOYEE OF AN E MPLOYER SHALL BE INC LUDED IN 15 THE CALCULATION MADE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WI THOUT 16 REGARD TO WHETHER TH E EMPLOYEE IS A FULL –TIME , PART–TIME , TEMPORARY , 17 OR SEASONAL EMPLOYEE OR WOULD BE ELIGIBLE FOR EARNED SICK AND SAFE 18 LEAVE BENEFITS UNDER THIS SUBSECTION . 19 (B) THE EARNED SICK AND S AFE LEAVE PROVIDED U NDER SUBSECTION (A) 20 OF THIS SECTION SHAL L ACCRUE AT A RATE O F AT LEAST 1 HOUR FOR EVERY 30 21 HOURS AN EMPLOYEE WO RKS. 22 (C) AN EMPLOYER MAY NOT B E REQUIRED TO ALLOW AN EMPLOYEE TO : 23 (1) EARN MORE THAN 56 HOURS OF EARNED SICK AND SAFE LEAVE IN 24 A YEAR ; 25 (2) USE MORE THAN 80 HOURS OF EARNED SICK AND SAFE LEAVE IN 26 A YEAR ; 27 (3) ACCRUE A TOTAL OF MORE THAN 80 HOURS AT ANY TIME ; OR 28 (4) USE EARNED SICK AND SAFE LEAVE DURING TH E FIRST 90 29 CALENDAR DAYS THE EMPLOYEE WO RKS FOR THE EMPLOYER OR THE FIRST 480 30 HOURS WORKED , WHICHEVER IS SHORTER . 31 8 HOUSE BILL 1 (D) AT THE BEGINNING OF E ACH YEAR , AN EMPLOYER MAY AWARD TO AN 1 EMPLOYEE THE FULL AM OUNT OF EARNED SICK AND SAFE LEAVE THAT AN 2 EMPLOYEE WOULD EARN OVER THE COURSE OF T HE YEAR RATHER THAN AWARDING 3 THE LEAVE AS THE LEA VE ACCRUES DURING TH E YEAR . 4 (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSEC TION , 5 FOR THE PURPOSES OF CALCULATING THE ACCR UAL OF EARNED SICK A ND SAFE 6 LEAVE , AN EMPLOYEE WHO IS E XEMPT FROM OVERTIME WAGE REQUIREMENTS 7 UNDER THE FEDERAL FAIR LABOR STANDARDS ACT IS ASSUMED TO WOR K 40 8 HOURS EACH WORKWEEK . 9 (2) IF THE EMPLOYEE ’S NORMAL WORKWEEK IS LESS THA N 40 10 HOURS , THE NUMBER OF HOURS IN THE NORMAL WORKWE EK SHALL BE USED . 11 (F) EARNED SICK AND SAFE LEAVE SHALL BEGIN TO ACCRUE : 12 (1) JANUARY 1, 2018 ; OR 13 (2) IF THE EMPLOYEE IS H IRED AFTER JANUARY 1, 2018 , THE DATE 14 ON WHICH THE EMPLO YEE BEGINS EMPLOYMEN T WITH THE EMPLOYER . 15 (G) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF 16 AN EMPLOYEE HAS UNUS ED EARNED SICK AND S AFE LEAVE AT THE END OF EACH 17 YEAR , THE EMPLOYEE MAY CAR RY OVER THE BALANCE OF THE EARNED SICK A ND 18 SAFE LEAVE TO THE FOLLOWING YEA R. 19 (2) AN EMPLOYER MAY NOT B E REQUIRED TO ALLOW AN EMPLOYEE 20 TO CARRY OVER MORE T HAN 56 HOURS OF EARNED SICK AND SAFE LEAVE UNDER 21 PARAGRAPH (1) OF THIS SUBSECTION . 22 (3) AN EMPLOYER MAY NOT B E REQUIRED TO ALLOW AN EMPLOYEE 23 TO CARRY OVER UNUSED SICK AND SAFE LEAVE UNDER PAR AGRAPH (1) OF THIS 24 SUBSECTION IF : 25 (I) THE EMPLOYER AWARDS THE EMPLOYEE THE FUL L 26 AMOUNT OF EARNED SIC K AND SAFE LEAVE AT THE BEGINNING OF EAC H YEAR 27 UNDER SUBSECTION (D) OF THIS SECTION ; OR 28 (II) THE EMPLOYMENT OF THE EMPLOYEE IS C ONTINGENT ON 29 THE EMPLOYER RECEIVI NG A GRANT . 30 (H) IF AN EMPLOYEE IS REH IRED BY THE EMPLOYER WITHIN 9 MONTHS 31 AFTER LEAVING THE EM PLOYMENT OF THE EMPL OYER , THE EMPLOYER SHALL 32 REINSTATE ANY UNUSED EARNED SICK AND SAFE LEAVE THAT THE EMP LOYEE HAD 33 HOUSE BILL 1 9 WHEN THE EMPLOYEE LE FT THE EMPLOYMENT OF THE EMPLOYER UNLESS THE 1 EMPLOYER VOLUNTARILY PAID OUT THE UNUSED EARNED SICK AND SAFE LEAVE ON 2 THE TERMINATION OF E MPLOYMENT . 3 (I) (1) AN EMPLOYER MAY ALLOW AN EMPLOYEE TO USE E ARNED SICK 4 AND SAFE LEAVE BEFORE THE EMPLOYEE ACCRUES THE AMOUNT N EEDED . 5 (2) IF AN EMPLOYEE IS ALL OWED UNDER PARAGRAPH (1) OF THIS 6 SUBSECTION TO USE EA RNED SICK AND SAFE L EAVE BEFORE IT HAS A CCRUED , THE 7 EMPLOYER MAY DEDUCT THE AMOUNT PAID FOR THE EARNED SICK AND SAFE LEAVE 8 FROM THE WAGES PAID TO TH E EMPLOYEE ON THE TE RMINATION OF EMPLOYM ENT 9 UNDER § 3–505 OF THIS TITLE IF : 10 (I) THE EMPLOYER AND EMP LOYEE MUTUALLY CONSE NTED TO 11 THE DEDUCTION AS EVI DENCED BY A DOCUMENT SIGNED BY THE EMPLOY EE; AND 12 (II) THE EMPLOYEE LEAVES THE EM PLOYMENT OF THE 13 EMPLOYER BEFORE THE EMPLOYEE HAS ACCRUED THE AMOUNT OF EARNED SICK 14 AND SAFE LEAVE THAT WAS USED . 15 (J) AN EMPLOYER MAY NOT B E REQUIRED TO PAY OU T ON THE 16 TERMINATION OF EMPLO YMENT UNUSED EARNED SICK AND SAFE LEAVE ACCRUED 17 BY AN EMPLOYEE . 18 (K) AN EMPLOYER WHO ACQUI RES, BY SALE OR OTHERWISE , ANOTHER 19 EMPLOYER SHALL ALLOW ALL EMPLOYEES OF THE ORIGINAL EMPLOYER WH O 20 REMAIN EMPLOYED BY T HE SUCCESSOR EMPLOYE R TO RETAIN ALL UNUSED 21 EARNED SICK AND SAFE LEAVE ACCRUED DURING EMPLOYMENT WITH THE 22 ORIGINAL EMPLOYER . 23 3–1305. 24 (A) AN EMPLOYER SHALL ALL OW AN EMPLOYEE TO US E EARNED SICK AND 25 SAFE LEAVE : 26 (1) TO CARE FOR OR TREAT THE EMPLOYEE ’S MENTAL OR PHYSICAL 27 ILLNESS , INJURY , OR CONDITION ; 28 (2) TO OBTAIN PREVENTIVE MEDICAL CARE FOR THE EMPLOYEE OR 29 EMPLOYEE ’S FAMILY MEMBER ; 30 (3) TO CARE FOR A FAMILY MEMBER WITH A MENTAL OR PHYSICAL 31 ILLNESS , INJURY , OR CONDITION ; OR 32 10 HOUSE BILL 1 (4) IF: 1 (I) THE ABSENCE FROM WOR K IS NECESSARY DUE T O 2 DOMESTIC VIOLENCE , SEXUAL ASSAULT , OR STALKING COMMITTE D AGAINST THE 3 EMPLO YEE OR THE EMPLOYEE ’S FAMILY MEMBER ; AND 4 (II) THE LEAVE IS BEING U SED: 5 1. BY THE EMPLOYEE TO O BTAIN FOR THE EMPLOY EE OR 6 THE EMPLOYEE ’S FAMILY MEMBER : 7 A. MEDICAL OR MENTAL HE ALTH ATTENTION THAT IS 8 RELATED TO THE DOMESTIC VIOLENC E, SEXUAL ASSAU LT, OR STALKING ; 9 B. SERVICES FROM A VICT IM SERVICES ORGANIZA TION 10 RELATED TO THE DOMES TIC VIOLENCE , SEXUAL ASSAULT , OR STALKING ; OR 11 C. LEGAL SERVICES OR PR OCEEDINGS RELATED TO OR 12 RESULTING FROM THE D OMESTIC VIOLENCE , SEXUAL ASSAULT , OR STALKING ; OR 13 2. DURING THE TIME THAT THE EMPLOYEE HAS 14 TEMPORARILY RELOCATE D DUE TO THE DOMESTI C VIOLENCE , SEXUAL ASSAULT , OR 15 STALKING . 16 (B) (1) IF THE NEED TO USE EA RNED SICK AND SAFE L EAVE IS 17 FORESEEABLE , AN EMPLOYER MAY REQUIRE AN EMPLO YEE TO PROVIDE 18 REASONA BLE ADVANCE NOTICE O F NOT MORE THAN 7 DAYS BEFORE THE DATE THE 19 EARNED SICK AND SAFE LEAVE WOULD BEGIN . 20 (2) IF THE NEED TO USE EA RNED SICK AND SAFE L EAVE IS NOT 21 FORESEEABLE , AN EMPLOYEE SHALL : 22 (I) PROVIDE NOTICE TO AN EMPLOYER AS SOON AS 23 PRACTICABLE ; AND 24 (II) GENERALLY COMPLY WIT H THE EMPLOYER ’S NOTICE OR 25 PROCEDURAL REQUIREME NTS FOR REQUESTING O R REPORTING OTHER LE AVE, IF 26 THOSE REQUIREMENTS D O NOT INTERFERE WITH THE EMPLOYEE ’S ABILITY TO USE 27 EARNED SICK AND SAFE LEAVE . 28 (3) AN EMPLOYER MAY DENY A REQUEST TO TAKE EA RNED SICK AND 29 SAFE LEAVE IF : 30 HOUSE BILL 1 11 (I) AN EMPLOYEE FAILS TO PROVIDE THE NOTICE R EQUIRED 1 UNDER PARAGRAPHS (1) OR (2) OF THIS SUBSECTION ; AND 2 (II) THE EMPLOYEE ’S ABSENCE WILL CAUSE A DISRUPTION TO 3 THE EMPLOYER . 4 (C) AN EMPLOYER MAY NOT REQUIRE THAT AN EMPL OYEE WHO IS 5 REQUESTING EARNED SI CK AND SAFE LEAVE SE ARCH FOR OR FIND AN INDIVIDUAL 6 TO WORK IN THE EMPLO YEE’S STEAD DURING THE T IME THE EMPLOYEE IS TAKING 7 THE LEAVE . 8 (D) (1) INSTEAD OF TAKING EAR NED SICK AND SAFE LE AVE UNDER THIS 9 SECT ION, BY MUTUAL CONSENT OF THE EMPLOYER AND EMP LOYEE , AN EMPLOYEE 10 MAY WORK ADDITIONAL HOURS OR TRADE SHIFT S WITH ANOTHER EMPLO YEE 11 DURING A PAY PERIOD TO MAKE UP WORK HOUR S THAT THE EMPLOYEE TOOK OFF 12 FOR WHICH THE EMPLOY EE COULD HAVE TAKEN EARNED SICK AND SA FE LEAVE . 13 (2) AN EMPLOYEE IS NOT RE QUIRED TO OFFER OR T O ACCEPT AN 14 OFFER OF ADDITIONAL WORK HOURS OR A TRAD E IN SHIFTS . 15 (3) IF AN EMPLOYEE WORKS ADDITIONAL HOURS OR TRADES SHIFTS 16 UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE EMPLOYER MAY NOT : 17 (I) BE REQUIRED TO PAY TH E EMPLOYEE MORE THAN THE 18 EMPLOYEE ’S BASE RATE OF PAY FOR THE EMPLOYEE ’S ABSENCE ; 19 (II) BE REQUIRED TO ALLOW AN EMPLOYEE TO WORK 20 ADDITIONAL HOURS OR SHIFTS THAT WOULD RE SULT IN THE EMPLOYER BEING 21 REQUIRED TO PAY OVER TIME TO THE EMPLO YEE; OR 22 (III) DEDUCT THE ABSENCE F ROM THE EMPLOYEE ’S ACCRUED 23 EARNED SICK AND SAFE LEAVE . 24 (E) (1) AN EMPLOYEE MAY TAKE EARNED SICK AND SAFE LEAVE IN THE 25 SMALLEST INCREMENT T HAT THE EMPLOYER ’S PAYROLL SYSTEM USE S TO ACCOUNT 26 FOR ABSENCES OR USE OF THE E MPLOYEE ’S WORK TIME . 27 (2) AN EMPLOYEE MAY NOT B E REQUIRED TO TAKE E ARNED SICK AND 28 SAFE LEAVE IN AN INC REMENT OF MORE THAN 4 HOURS . 29 (F) (1) WHEN WAGES ARE PAID T O AN EMPLOYEE , THE EMPLOYER SHALL 30 PROVIDE IN WRITING B Y ANY REASONABLE MET HOD A STATEMENT REGARDING THE 31 AMOUNT OF EARNED SIC K AND SAFE LEAVE THA T IS AVAILABLE FOR U SE BY THE 32 EMPLOYEE . 33 12 HOUSE BILL 1 (2) AN EMPLOYER MAY SATIS FY THE REQUIREMENT U NDER 1 PARAGRAPH (1) OF THIS SUBSECTION B Y PROVIDING AN ONLIN E SYSTEM THROUGH 2 WHICH AN EMPLOYEE MA Y ASCERTAIN THE BA LANCE OF THE EMPLOYE E’S 3 AVAILABLE EARNED SIC K AND SAFE LEAVE . 4 (G) (1) AN EMPLOYER MAY REQUI RE AN EMPLOYEE WHO U SES EARNED 5 SICK AND SAFE LEAVE FOR MORE THAN TWO CO NSECUTIVE SCHEDULED SHIFTS TO 6 PROVIDE VERIFICATION THAT THE LEAVE WAS U SED APPROPRIATELY UNDER 7 SUBSECTION (A) OF THIS SECTION . 8 (2) IF AN EMPLOYEE FAILS OR REFUSES TO PROVID E VERIFICATION 9 AS REQUIRED BY AN EM PLOYER UNDER PARAGRA PH (1) OF THIS SUBSECTION , THE 10 EMPLOYER MAY DENY A SUBSEQUENT REQUEST T O TAKE EARNED SICK A ND SAFE 11 LEAVE FOR THE SA ME REASON . 12 3–1306. 13 (A) AN EMPLOYER SHALL NOT IFY THE EMPLOYER ’S EMPLOYEES THAT THE 14 EMPLOYEES ARE ENTITL ED TO EARNED SICK AN D SAFE LEAVE UNDER T HIS 15 SUBTITLE . 16 (B) THE NOTICE PROVIDED U NDER SUBSECTION (A) OF THIS SECTION 17 SHALL INCLUDE : 18 (1) A STATEMENT OF HOW EARNED SICK A ND SAFE LEAVE IS ACC RUED 19 UNDER § 3–1304 OF THIS SUBTITLE ; 20 (2) THE PURPOSES FOR WHI CH THE EMPLOYER IS R EQUIRED TO 21 ALLOW AN EMPLOYEE TO USE EARNED SICK AND SAFE LEAVE UNDER § 3–1305 OF 22 THIS SUBTITLE ; 23 (3) A STATEMENT REGARDIN G THE P ROHIBITION IN § 3–1309 OF THIS 24 SUBTITLE AGAINST THE EMPLOYER TAKING ADVERSE ACTION AGAIN ST AN 25 EMPLOYEE WHO EXERCIS ES A RIGHT UNDER THI S SUBTITLE ; AND 26 (4) INFORMATION REGARDIN G THE RIGHT OF AN EM PLOYEE TO 27 REPORT AN ALLEGED VI OLATION OF THIS SUBT ITLE BY T HE EMPLOYER TO THE 28 COMMISSIONER OR TO BR ING A CIVIL ACTION U NDER § 3–1308( C) OF THIS 29 SUBTITLE . 30 (C) THE COMMISSIONER SHALL CR EATE AND MAKE AVAILA BLE A POSTER 31 AND A MODEL NOTICE T HAT MAY BE USED BY A N EMPLOYER TO COMPLY WITH 32 SUBSECTION (A) OF THIS SECTION . 33 HOUSE BILL 1 13 3–1307. 1 (A) AN EMPLOYER SHALL KEE P FOR AT LEAST 3 YEARS A RECORD OF : 2 (1) EARNED SICK AND SAFE LEAVE ACCRUED BY EAC H EMPLOYEE ; 3 AND 4 (2) EARNED SICK AND SAFE LEAVE USED BY EACH E MPLOYEE . 5 (B) THE COMMISSIONER MAY INSP ECT A RECORD KEPT UN DER 6 SUBSECTION (A) OF THIS SECTION FOR THE PURPOSE OF DETER MINING WHETHER 7 THE EMPLOYER IS COMP LYING WITH THE PROVI SIONS OF THIS SUBTIT LE. 8 (C) AN EMPLOYER THAT FAIL S TO KEEP ACCURATE R ECORDS OR REFUSES 9 TO ALLOW THE COMMISSIONER TO INSPE CT A RECORD KEPT UND ER SUBSECTION 10 (A) OF THIS SECTION SHAL L BE PRESUMED TO HAV E VIOLATED THIS SUBT ITLE. 11 3–1308. 12 (A) IF AN EMPLOYEE BELIEV ES THAT AN EMPLOYER HAS VIOLATED THIS 13 SUBTITLE , THE EMPLOYEE MAY FIL E A WRITTEN COMPLAIN T WITH THE 14 COMMISSIONER . 15 (B) (1) WITHIN 90 DAYS A FTER THE RECEIPT OF A WRITTEN COMPLAINT , 16 THE COMMISSIONER SHALL CO NDUCT AN INVESTIGATI ON AND ATTEMPT TO 17 RESOLVE THE ISSUE IN FORMALLY THROUGH MED IATION . 18 (2) (I) IF THE COMMISSIONER IS UNABL E TO RESOLVE AN ISSU E 19 THROUGH MEDIATION DU RING THE PERIOD STAT ED IN PARAGRAPH (1) OF THIS 20 SUBSECTION AND THE COMMISSIONER DETERMIN ES THAT AN EMPLOYER HAS 21 VIOLATED THIS SUBTIT LE, THE COMMISSIONER SHALL IS SUE AN ORDER . 22 (II) AN ORDER ISSUED UNDER SUBPARAGRAPH (I) OF THIS 23 PARAGRAPH : 24 1. SHALL DESCRIBE THE V IOLATION ; 25 2. SHALL DIRECT THE PAY MENT OF THE FULL 26 MONETARY VALUE OF AN Y UNPAID EARNED SICK AND SAFE LEAVE AND A NY ACTUAL 27 ECONOMIC DAMAGES ; 28 14 HOUSE BILL 1 3. MAY, IN THE COMMISSIONER ’S DISCRETION , DIRECT 1 THE PAYMENT OF AN AD DITIONAL AMOUNT UP T O THREE TIMES THE VA LUE OF THE 2 EMPLOYEE ’S HOURLY WAGE FOR EA CH VIOLATION ; AND 3 4. MAY, IN THE COMMISSIONER ’S DISCRETION , ASSESS A 4 CIVIL PENALTY OF UP TO $1,000 FOR EACH EMPLOYEE FO R WHOM THE EMPLOYER 5 IS NOT IN COMPLIANCE WITH THIS SUBTITLE . 6 (3) THE ACTIONS TAKEN UND ER PARAGRAPHS (1) AND (2) OF THIS 7 SUBSECTION ARE SUBJE CT TO THE HEARING AN D NOTICE REQUIREMENT S OF TITLE 8 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE . 9 (C) (1) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES A N ORDER , 10 AN EMPLOYER SHALL CO MPLY WITH THE ORDER . 11 (2) IF AN EMPLOYER DOES N OT COMPLY WITH AN OR DER WITHIN THE 12 TIME PERIOD STATED I N PARAGRAPH (1) OF THIS SUBSECTION : 13 (I) THE COMMISSIONER MAY : 14 1. WITH THE WRITTEN CON SENT OF THE EMPLOYEE , ASK 15 THE ATTORNEY GENERAL TO BRING AN A CTION ON BEHALF OF THE EMPLOYEE IN 16 THE COUNTY WHERE THE EMPLOYER IS LOCATED ; OR 17 2. BRING AN ACTION TO E NFORCE THE ORDER FOR THE 18 CIVIL PENALTY IN THE COUNTY WHERE THE EMP LOYER IS LOCATED ; AND 19 (II) WITHIN 3 YEARS AFTER THE DATE OF THE ORDER , AN 20 EMPLOYEE MAY BRING A CIVIL ACTION TO ENFORCE TH E ORDER IN THE COUNT Y 21 WHERE THE EMPLOYER I S LOCATED . 22 (3) IF AN EMPLOYEE PREVAI LS IN AN ACTION BROU GHT UNDER 23 PARAGRAPH (2)(II) OF THIS SUBSECTION T O ENFORCE AN ORDER , THE COURT 24 SHALL AWARD : 25 (I) THREE TIMES THE VALU E OF THE EMP LOYEE’S UNPAID 26 EARNED SICK AND SAFE LEAVE ; 27 (II) PUNITIVE DAMAGES IN AN AMOUNT TO BE DETE RMINED BY 28 THE COURT ; 29 (III) REASONABLE COUNSEL F EES AND OTHER COSTS ; 30 (IV) INJUNCTIVE RELIEF , IF APPROPRIATE ; AND 31 HOUSE BILL 1 15 (V) ANY OTHER RELIEF THA T THE COURT DEEM S 1 APPROPRIATE . 2 3–1309. 3 (A) IN THIS SECTION , “ADVERSE ACTION ” INCLUDES : 4 (1) DISCHARGE ; 5 (2) DEMOTION ; 6 (3) THREATENING THE EMPL OYEE WITH DISCHARGE OR DEMOTION ; 7 AND 8 (4) ANY OTHER RETALIATOR Y ACTION THAT RESULT S IN A CHANGE 9 TO THE TERMS OR CONDITIONS OF EMPLOY MENT THAT WOULD DISS UADE A 10 REASONABLE EMPLOYEE FROM EXERCISING A RI GHT UNDER THIS SUBTI TLE. 11 (B) A PERSON MAY NOT INTER FERE WITH THE EXERCI SE OF OR THE 12 ATTEMPT TO EXERCISE ANY RIGHT GIVEN UNDE R THIS SUBTITLE . 13 (C) AN EMPLOYER MAY NOT : 14 (1) TAKE ADVERSE ACTION OR DISCRIMINATE AGAI NST AN EMPLOYEE 15 BECAUSE THE EMPLOYEE EXERCISES IN GOOD FA ITH THE RIGHTS PROTE CTED 16 UNDER THIS SUBTITLE ; 17 (2) INTERFERE WITH , RESTRAIN , OR DENY THE EXERCISE BY AN 18 EMPLOYEE OF ANY RIGH T PROVIDED FOR UNDER THIS SUBTITLE ; OR 19 (3) APPLY AN ABSENCE CON TROL POLICY THAT INC LUDES EARNED 20 SICK AND SAFE LEAVE ABSENCES AS AN ABSEN CE THAT MAY LEAD TO OR RESULT IN 21 AN ADVERSE ACTION BE ING TAKEN AGAINST AN EMPLOYEE . 22 (D) THE PROTECTIONS AFFOR DED UNDER THIS SUBTI TLE SHALL A PPLY TO 23 AN EMPLOYEE WHO MIST AKENLY , BUT IN GOOD FAITH , ALLEGES A VIOLATION OF 24 THIS SUBTITLE . 25 3–1310. 26 (A) AN EMPLOYEE MAY NOT I N BAD FAITH : 27 (1) FILE A COMPLAINT WIT H THE COMMISSIONER ALLEGING A 28 VIOLATION OF THIS SU BTITLE ; 29 16 HOUSE BILL 1 (2) BRING AN ACTION UNDE R § 3–1308 OF THIS SUBTITLE ; OR 1 (3) TESTIFY IN AN ACTION UNDER § 3–1308 OF THIS SUBTITLE . 2 (B) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS GUILTY OF A 3 MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $1,000. 4 3–1311. 5 THIS SUBTITLE MAY BE CITED AS THE MARYLAND HEALTHY WORKING 6 FAMILIES ACT. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8 apply only prospectively and may not be applied or interpreted to have any effect on or 9 application to any bona fide collective bargaining agreement entered into before June 1 , 10 2017 , for the duration of the contract term, excluding any extensions, options to extend, or 11 renewals of the term of the original agreement. 12 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 January 1, 2018 . 14
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Labor and Employment - Maryland Healthy Working Families Act
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Modifying deadlines for the submission of specified information from local and State law enforcement units for specified reports relating to crime scene DNA collection and analysis; establishing deadlines for the Governor's Office of Crime Control and Prevention to compile and submit specified reports relating to crime scene DNA collection and analysis; and requiring the Governor's Office of Crime Control and Prevention to submit specified reports relating to crime scene DNA collection and analysis to specified additional individuals.
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the purpose of modifying deadlines for the submission of certain information from 3 local and State law enforcement units for certain reports relating to crime scene DNA 4 collection and analysis ; establishing deadlines for the Governor’s Office of Crime 5 Control and Prevention to compile and submit certain reports relating to crime scene 6 DNA collection and analysis ; requiring the G overnor’s Office of Crime Control and 7 Prevention to submit certain reports relating to crime scene DNA collection and 8 analysis to certain additional individuals; and generally relating to the collection and 9 reporting of information relating to crime scene DNA collection and analysis . 10 BY repealing and reenacting, with amendments, 11 Article – Public Safety 12 Section 2 –514 13 Annotated Code of Maryland 14 (2011 Replacement Volume and 2016 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Public Safety 18 2–514. 19 (a) [On or before April 1, 2010, and on or before April 1 of every even –numbered 20 year thereafter, each local law enforcement unit shall report to the Governor’s Office of 21 Crime C ontrol and Prevention on the status of crime scene DNA collection and analysis in 22 its respective jurisdiction for the preceding calendar year, and the Department shall report 23 to the Governor’s Office of Crime Control and Prevention on the status of crime s cene DNA 24 2 HOUSE BILL 10 collection statewide for the preceding calendar year, including: ] (1) ON OR BEFORE JUNE 1 1 ANNUALLY , EACH LOCAL LAW ENFOR CEMENT UNIT AND THE DEPARTMENT SHALL 2 REPORT TO THE GOVERNOR ’S OFFICE OF CRIME CONTROL AND PREVENTION THE 3 INFORMATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION FOR THE 4 PERIO D FROM OCTOBER 1 THROUGH MARCH 31, INCLUSIVE , OF THE PREVIOUS 5 YEAR . 6 (2) ON OR BEFORE JANUARY 1 ANNUALLY , EACH LOCAL LAW 7 ENFORCEMENT UNIT AND THE DEPARTMENT SHALL REPORT TO THE GOVERNOR ’S 8 OFFICE OF CRIME CONTROL AND PREVENTION THE INFORM ATION REQUIRED 9 UNDER SUBSECTION (B) OF THIS SECTION FOR THE PERIOD FROM APRIL 1 10 THROUGH SEPTEMBER 30, INCLUSIVE , OF THE PREVIOUS YEAR . 11 (B) EACH LOCAL LAW ENFORC EMENT UNIT AND THE DEPARTMENT SHALL 12 REPORT TO THE GOVERNOR ’S OFFICE OF CRIME CONTROL AND PREVENTION ON 13 THE STATUS OF CRIME SCENE DNA COLLECTION AND ANALY SIS IN ITS RESPECTIV E 14 JURISDICTION FOR THE PERIOD MANDATED UNDER SUBSECTION (A) OF THIS 15 SECTION , INCLUDING : 16 (1) the crimes for which crime scene DNA evidence is routinely collected; 17 (2) the approximate number of crime scene DNA evidence samples 18 collected during the preceding year for each category of crime; 19 (3) the average time between crime scene DNA evidence c ollection and 20 analysis; 21 (4) the number of crime scene DNA evidence samples collected and not 22 analyzed at the time of the study; 23 (5) the number of crime scene DNA evidence samples submitted to the 24 statewide DNA data base during the preceding year; and 25 (6) the number of crime scene DNA evidence samples, including sexual 26 assault evidence, collected by hospitals in the county during the preceding year. 27 [(b)] (C) [The] WITHIN 90 DAYS AFTER EACH REPORTING DEADL INE 28 UNDER SUBSECTION (A) OF THIS SECTION , THE Governor’s Office of Crime Control and 29 Prevention shall compile the information reported by the local law enforcement units and 30 the Department under subsection [(a)] (B) of this section and submit [an annual ] A 31 summary report to: 32 (1) the Governor [and,]; 33 HOUSE BILL 10 3 (2) in accordance with § 2 –1246 of the State Government Article, the 1 General Assembly ; AND 2 (3) THE MAYOR OR OTHER MUNIC IPAL EXECUTIVE OF AN Y 3 JURISDICTION WHOSE LOCAL LAW ENFO RCEMENT UNIT PROVIDED INFORMATION 4 UNDER SUBSECTION (A) OF THIS SECTION . 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2017. 7
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Public Safety - Crime Scene DNA Collection and Analysis - Status Reports
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Providing a subtraction modification under the Maryland income tax under specified circumstances for specified retirement income attributable to a resident's employment as a law enforcement officer or the individual's service as fire, rescue, or emergency services personnel; defining "emergency services personnel" as emergency medical technicians or paramedics; and applying the Act to taxable years beginning after December 31, 2016.
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the purpo se of providing a subtraction modification under the Maryland income tax 4 under certain circumstances for certain retirement income attributable to a 5 resident’s employment as a law enforcement officer or the individual’s service as fire, 6 rescue, or emergenc y services personnel; providing for the application of this Act; 7 and generally relating to a subtraction modification under the Maryland income tax 8 for certain retirement income attributable to a resident’s employment as a law 9 enforcement officer or the in dividual’s service as fire, rescue, or emergency services 10 personnel. 11 BY repealing and reenacting, with amendments, 12 Article – Tax – General 13 Section 10 –209 14 Annotated Code of Maryland 15 (2016 Replacement Volume ) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Tax – General 19 10–209. 20 (a) In this section: 21 (1) “employee retirement system” means a plan: 22 2 HOUSE BILL 100 (i) established and maintained by an employer for the benefit of its 1 employees; and 2 (ii) qualified under § 401(a), § 403, or § 457(b) of the Internal 3 Revenue Code; and 4 (2) “employee retirement system” does not include: 5 (i) an individual retirement account or annuity under § 408 of the 6 Internal Revenue Code; 7 (ii) a Roth individual retirement account under § 408A of the 8 Internal Revenue Code; 9 (iii) a rollover individual retirement account; 10 (iv) a simplified employee pension under Internal Revenue Code § 11 408(k); or 12 (v) an ineligible deferred compensation plan under § 457(f) of the 13 Internal Revenue Code. 14 (b) Subject to [subsection (d) ] SUBSECTIONS (D) AND (E) of this section, to 15 determine Maryland adjusted gross income, if, on the last day of the taxable year, a resident 16 is at least 65 years old or is totally disabled or the resident’s spouse is totally disabled, OR 17 THE RESIDENT IS AT L EAST 55 YEARS OLD AND IS A RETIRED LAW ENFORC EMENT 18 OFFICER OR FIRE , RESCUE , OR EMERGENCY SERVICE S PERSONNEL OF THE UNITED 19 STATES , THE STATE , OR A POLITICAL SUBDI VISION OF THE STATE , an amount is 20 subtracted from federal adjusted gross income equal to the lesser of: 21 (1) the cumu lative or total annuity, pension, or endowment income from an 22 employee retirement system included in federal adjusted gross income; or 23 (2) the maximum annual benefit under the Social Security Act computed 24 under subsection (c) of this section, less any p ayment received as old age, survivors, or 25 disability benefits under the Social Security Act, the Railroad Retirement Act, or both. 26 (c) For purposes of subsection (b)(2) of this section, the Comptroller: 27 (1) shall determine the maximum annual benefit u nder the Social Security 28 Act allowed for an individual who retired at age 65 for the prior calendar year; and 29 (2) may allow the subtraction to the nearest $100. 30 (d) Military retirement income that is included in the subtraction under § 31 10–207(q) of t his subtitle may not be taken into account for purposes of the subtraction 32 under this section. 33 HOUSE BILL 100 3 (E) IN THE CASE OF A RETI RED LAW ENFORCEMENT OFFICER OR FIRE , 1 RESCUE , OR EMERGENCY SERVICE S PERSONNEL OF THE UNITED STATES , THE 2 STATE , OR A POLITICAL SUBDI VISI ON OF THE STATE , THE AMOUNT INCLUDED 3 UNDER SUBSECTION (B)(1) OF THIS SECTION IS L IMITED TO THE FIRST $15,000 OF 4 RETIREMENT INCOME TH AT IS ATTRIBUTABLE T O THE RESIDENT ’S EMPLOYMENT AS 5 A LAW ENFORCEMENT OF FICER OR FIRE , RESCUE , OR EMERGENCY SERVICE S 6 PERSONNE L OF THE UNITED STATES , THE STATE , OR A POLITICAL SUBDI VISION OF 7 THE STATE UNLESS : 8 (1) THE RESIDENT IS AT L EAST 65 YEARS OLD OR IS TOTA LLY 9 DISABLED ; OR 10 (2) THE RESIDENT ’S SPOUSE IS TOTALLY DISABLED . 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 1, 2017 , and shall be applicable to all taxable years b eginning after December 31, 2016 . 13
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Income Tax Subtraction Modification - Retirement Income of Law Enforcement, Fire, Rescue, and Emergency Services Personnel
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Establishing a 15% tolerance from the gross vehicle weight limits for specified vehicles used in specified agricultural activities during harvest time under specified circumstances; and limiting the distance within which a specified vehicle operating under a specified tolerance from a specified gross vehicle weight limit may travel.
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the purpose of establishing a certain tolerance from the gross vehicle weight limits for 3 certain vehicles used in certain agricultural activities during harvest time under 4 certain circumstances ; limiting the distance within which a certain vehicle operating 5 under a certa in tolerance from a certain gross vehicle weight limit may travel; 6 making stylistic changes; and generall y relating to gross vehicle weight . 7 BY repealing and reenacting, with amendments, 8 Article – Transportation 9 Section 24 –109 10 Annotated Code of Maryland 11 (2012 Replacement Volume and 201 6 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Transportation 15 24–109. 16 (a) (1) In this section the following words have the mea nings indicated. 17 (2) “Single axle weight” means the total weight transmitted by all wheels 18 whose centers may be included between 2 parallel transverse vertical planes 40 inches 19 apart extending across the full width of the vehicle. 20 (3) “Tandem axle we ight” means the total weight transmitted to the road 21 by 2 or more consecutive axles whose centers may be included between parallel vertical 22 2 HOUSE BILL 1000 planes spaced more than 40 inches apart but not more than 96 inches apart extending 1 across the full width of the veh icle. 2 (b) An over –the–road bus or any vehicle that is regularly and exclusively used as 3 an intrastate public agency passenger bus: 4 (1) Is exempt from tandem axle weight limits provided in this section; but 5 (2) Shall comply with the vehicle and comb ination of vehicles weight limits 6 provided in this section that are not tandem axle weight limits. 7 (c) Notwithstanding any other provisions of this title, the overall gross weight on 8 a group of 2 or more consecutive axles may not exceed an amount produce d by application 9 of the following formula: 10 11 12 13 where “W” = overall gross weight on any group of 2 or more consecutive axles to the nearest 14 500 pounds, “L” = distance in feet measured horizontally between the vertical centerlines 15 of the extreme of any group of 2 or more consecutive axles, and “N” = number of axles in 16 group under consideration, except that 2 consecutive sets of tandem axles may carry a gross 17 load of 34,000 pounds each pr oviding the overall distance between the first and last axles 18 of such consecutive sets of tandem axles is 36 feet or more; provided, that such overall gross 19 weight may not exceed eighty thousand (80,000) pounds, including any enforcement or 20 statutory toler ances. 21 (d) The following table indicates the permissible overall gross weights based upon 22 the above formula: 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ( LN ) W = 500 ( –––––––––––––– + 12N + 36 ) ( N – 1 ) Distance in feet between the extremes of any group of 2 or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 4 34,000 5 34,000 6 34,000 7 34,000 8 and less 34,000 34,000 More than 8 38,000 42,000 HOUSE BILL 1000 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 75,500 28 57,000 60,500 65,500 71,000 76,500 29 57,500 61,500 66,000 71,500 77,000 30 58,500 62,000 66,500 72,000 77,500 31 59,000 62,500 67,500 72,500 78,000 32 60,000 63,500 68,000 73,000 78,500 33 64,000 68,500 74,000 79,000 34 64,500 69,000 74,500 80,000 35 65,500 70,000 75,000 36 Exception: See subsection (c), this section (66,000) 70,500 75,500 37 (66,500) 71,000 76,000 38 (67,500) 72,000 77,000 39 68,000 72,500 77,500 40 68,500 73,000 78,000 41 69,500 73,500 78,500 42 70,000 74,000 79,000 43 70,500 75,000 80,000 44 71,500 75,500 45 72,000 76,000 46 72,500 76,500 47 73,500 77,500 48 74,000 78,000 49 74,500 78,500 50 75,500 79,000 4 HOUSE BILL 1000 1 2 3 4 5 6 7 (e) The gross weight of any vehicle or combination of vehicles may not exceed the 8 following limits: 9 10 11 12 13 14 15 16 (f) A trailer with metal tires and a gross weight of more than 6,000 pounds may 17 not be moved on a highway. 18 (g) (1) Except on interstate highways, a single unit vehicle with 3 axles, or a 19 combination of vehicles with a trailer less than 32 feet long or a semitrailer less than 45 20 feet long, either registered as a farm vehicle or carrying farm products as defined under § 21 10–601 of the Agriculture Article that were loaded in fields or other off –highway locations, 22 is permitted an axle load limit tolerance of [5 percent ] 5% from subsections (c) and (d) of 23 this section, except during harvest time when an axle load limit tolera nce of [15 percent ] 24 15% OR, SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A GROSS VEHICLE 25 WEIGHT TOLERANCE OF 10% from subsections (c) and (d) of this section is permitted for 26 a vehicle carrying the following agricultural products: 27 (i) Wheat, for the pe riod from June 1 to August 15; 28 (ii) Corn, for the period from July 1 to December 1; 29 (iii) Soybeans, for the period from September 1 to December 31; and 30 (iv) Vegetable crops, for the period from June 1 to October 31. 31 (2) THE HARVEST TIME GROSS VEHICLE WEIGHT LIMIT TOLERANCE 32 OF 10% UNDER PARAGRAPH (1) OF THIS SUBSECTION A PPLIES ONLY TO A VEH ICLE 33 TRAVELING WITHIN 150 MILES OF THE FIELD O R OTHER OFF –HIGHWAY LOCATION 34 WHERE THE VEHICLE WA S LOADED . 35 51 76,000 80,000 52 76,500 53 77,500 54 78,000 55 78,500 56 79,500 57 80,000 Number of axles Gross weight (in pounds) Three or less 55,000 Four 66,000 Five as provided for in § 13 –916 or § 13 –923 of this article 80,000 HOUSE BILL 1000 5 (3) (i) Except on interstate highways, a sin gle unit vehicle with at least 1 3 axles or a combination of vehicles with a trailer length of less than 32 feet carrying forest 2 products that have been loaded in forests or other similar off –highway locations is 3 permitted an axle load limit tolerance of [10 percent ] 10% from subsections (c) and (d) of 4 this section, except for the period from June 1 through September 30 when an axle load 5 limit tolerance of [15 percent ] 15% from subsections (c) and (d) of this section is permitted. 6 (ii) Except on interstat e highways, a combination of vehicles with a 7 semitrailer length of 45 feet or less carrying forest products that have been loaded in forests 8 or other similar off –highway locations is permitted an axle load limit tolerance of [5 9 percent ] 5% from subsections (c) and (d) of this section, except for the period from June 1 10 through September 30 when an axle load limit tolerance of [15 percent ] 15% from 11 subsections (c) and (d) of this section is permitted. 12 (h) (1) Any vehicle that uses an auxiliary power unit or an idle –reduction 13 technology unit in order to promote reduction of fuel use and emissions from engine idling 14 shall be allowed up to an additional 550 pounds total in gross, axle, tandem, or bridge 15 formula weight limits. 16 (2) To be eligible for the additional weight limit allowed under paragraph 17 (1) of this subsection, the vehicle operator must: 18 (i) Obtain and make available to law enforcement officers written 19 certification of the weight of the auxiliary power unit or idle –reduction technology un it; and 20 (ii) By demonstration or certification, prove that the idle –reduction 21 technology unit is fully functional at all times. 22 (3) The additional weight limit allowed under paragraph (1) of this 23 subsection may not exceed the certified weight of the auxiliary power unit or idle –reduction 24 technology unit. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect June 26 1, 2017 . 27
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Motor Vehicles - Gross Vehicle Weight - Agricultural Products
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Prohibiting a correctional facility from placing an inmate in restrictive housing for more than 15 consecutive days or a total of 20 days in a 60-day period, with specified exceptions; establishing specified protections for inmates who are placed in restrictive housing; etc.
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the purpose of prohibiting a correctional facility from placing an inmate in certain 3 restrictive housing for more than a certain number of consecutive days or more than 4 a certain total number of days in a certain period, with certain exceptions; providing 5 certain restrictions on the placement of a certain inmate in restrictive housing; 6 establishing certain protections for inmates who are plac ed in restrictive housing; 7 requiring correctional facilities to implement certain procedures to allow an inmate 8 to challenge the inmate’s placement in restrictive housing; requiring that a 9 correctional facility document and report certain information each time an inmate is 10 placed in restrictive housing; requiring certain information to be made available on 11 the Web site of the Department of Public Safety and Correctional Services; 12 establishing a certain Restrictive Housing Workgroup; providing for the compos ition, 13 chair, and staffing of the Workgroup; prohibiting a member of the Workgroup from 14 receiving certain compensation, but authorizing the reimbursement of certain 15 expenses; requiring the Workgroup to advise the Department regarding certain 16 matters; autho rizing the Workgroup to make recommendations to certain entities 17 regarding the use of restrictive housing; requiring the Department to share certain 18 information with the Workgroup in a certain manner; authorizing the members of 19 the Workgroup to enter a cor rectional facility with a certain notice; requiring the 20 Workgroup to meet on a certain schedule; requiring the Workgroup to convene a 21 certain meeting before a certain date; establishing that the Workgroup is subject to 22 certain provisions of law; defining c ertain terms; and generally relating to inmates 23 and restrictive housing. 24 BY repealing and reenacting, without amendments, 25 Article – Correctional Services 26 Section 9 –614(a) 27 Annotated Code of Maryland 28 (2008 Replacement Volume and 2016 Supplement) 29 2 HOUSE BILL 1001 BY adding to 1 Article – Correctional Services 2 Section 9 –616 3 Annotated Code of Maryland 4 (2008 Replacement Volume and 2016 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Correc tional Services 8 9–614. 9 (a) (1) In this section, “restrictive housing” means a form of physical 10 separation in which the inmate is placed in a locked room or cell for approximately 22 hours 11 or more out of a 24 –hour period. 12 (2) “Restrictive housing” inc ludes administrative segregation and 13 disciplinary segregation. 14 9–616. 15 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16 INDICATED . 17 (2) “CLINICIAN ” MEANS A TRAINED AND LICENSED MEDICAL 18 PROFESSIONAL WHO HAS THE AUTHORITY TO MAK E A DIAGNOSIS AND TREAT 19 PATIENTS . 20 (3) “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 9–614 21 OF THIS SUBTITLE . 22 (4) “SERIOUS MENTAL ILLNES S” INCLUDES : 23 (I) ANXIETY DISORDERS ; 24 (II) BIPOLAR AND RELATED DISORDERS ; 25 (III) INTELLECTUAL DISABIL ITIES AND AUTISM SPE CTRUM 26 DISORDERS ; 27 (IV) MAJOR DEPRESSIVE DIS ORDER ; 28 (V) MAJOR NEUROCOGNITIVE DISORDERS ; 29 HOUSE BILL 1001 3 (VI) OBSESSIVE COMPULSIVE AND RELATED DISORDER S; 1 (VII) PERSONALITY DISORDER S; 2 (VIII) SCHIZOPHRENIA SPECTR UM AND OTHER PSYCHOTI C 3 DISORDERS ; AND 4 (IX) TRAUMA AND STRESSOR –RELATED DISORDERS . 5 (5) “VULNERABLE INMATE ” MEANS AN INMATE WHO : 6 (I) IS 18 YEARS OF AGE OR YOUN GER; 7 (II) IS 65 YEARS OF AGE OR OLDE R; 8 (III) IS PREGNANT , IN THE POSTPARTUM PERIOD , OR HAS 9 RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREGNANCY ; 10 (IV) IS OR IS PERCEIVED T O BE LESBIAN , GAY, BISEXUAL , 11 TRANSGENDER , OR INTERSEX ; 12 (V) HAS A SERIOUS MENTAL ILLNESS ; OR 13 (VI) HAS A PHYSICAL DISAB ILITY . 14 (B) THIS SECTION AP PLIES TO LOCAL CORRE CTIONAL FACILITIES A ND 15 STATE CORRECTIONAL FA CILITIES . 16 (C) (1) AN INMATE MAY NOT BE PLACED IN RESTRICTIV E HOUSING FOR 17 MORE THAN 15 CONSECUTIVE DAYS OR A TOTAL OF 20 DAYS IN A 60–DAY PERIOD , 18 UNLESS : 19 (I) THERE IS CLEAR AND C ONVINCING EVIDENCE THAT THE 20 INMATE POSES AN IMME DIATE AND SUBSTANTIA L RISK OF PHYSICAL H ARM TO THE 21 SECURITY OF THE FACI LITY, TO THE INMATE , OR TO OTHERS ; 22 (II) ALL OTHER LESS –RESTRICTIVE OPTIONS TO ADDRESS THE 23 RISK HAVE BEEN ATTEM PTED AND HAVE FAILED TO MITIGAT E THE RISK OF HARM ; 24 (III) THE INMATE HAS RECEI VED A PERSONAL AND 25 COMPREHENSIVE MEDICA L AND MENTAL HEALTH EXAMINATION BY A CLI NICIAN 26 BEFORE THE INMATE ’S PLACEMENT IN RESTR ICTIVE HOUSING ; AND 27 4 HOUSE BILL 1001 (IV) THE INMATE IS HELD I N RESTRICTIVE HOUSIN G FOR ONLY 1 THE MINIMUM TIME REQ UIRED TO ADDRESS THE RISK , AND FOR A PERIOD OF TIME 2 THAT DOES NOT COMPRO MISE THE INMATE ’S MENTAL OR PHYSICAL HEALTH . 3 (2) AN INMATE MAY NOT BE PLACED IN RESTRICTIV E HOUSING FOR 4 REFUSING MEDICAL TRE ATMENT . 5 (3) AN INMATE MAY NOT BE PLACED IN RESTRICTIVE HOUSING FOR 6 NONDISCIPLINARY REAS ONS. 7 (4) A VULNERABLE INMATE MA Y NOT BE PLACED IN R ESTRICTIVE 8 HOUSING UNLESS THERE IS A FACILITY –WIDE LOCKDOWN . 9 (D) (1) AN INMATE PLACED IN R ESTRICTIVE HOUSING S HALL BE 10 EVALUATED AT LEAST T WICE PER WEEK IN A CONFIDENTI AL SETTING . 11 (2) CELLS USED FOR RESTRI CTIVE HOUSING SHALL BE PROPERLY 12 VENTILATED , WELL–LIGHTED , TEMPERATURE –CONTROLLED , CLEAN , AND 13 EQUIPPED WITH PROPER LY FUNCTIONING SANIT ARY FIXTURES . 14 (3) AN INMATE PLACED IN R ESTRICTIVE HOUSING S HALL NOT BE 15 DENIED VISITATION , MAIL , TREATMENT , THERAPY , OR OUT–OF–CELL OR OUTDOOR 16 ACTIVITY , WEATHER PERMITTING . 17 (4) AN INMATE PLACED IN R ESTRICTIVE HOUSING S HALL BE 18 ENTITLED TO THE SAME STANDARD OF FOOD SER VICES AND THE SAME A CCESS TO 19 WATER AND ALL OTHE R BASIC NECESSITIES AS THE GENERAL POPUL ATION . 20 (5) A CORRECTIONAL FACILIT Y SHALL MAXIMIZE OPP ORTUNITIES 21 FOR RECREATION , EDUCATION , AND SOCIAL INTERACTI ON FOR INMATES IN 22 RESTRICTIVE HOUSING . 23 (6) AN INMATE MAY NOT BE RELEASED DIRECTLY FR OM RESTRICTIVE 24 HOUSING TO THE COMMU NITY , UNLESS IT IS NECESSA RY FOR THE SAFETY OF THE 25 INMATE , STAFF , OTHER INMATES , OR THE PUBLIC . 26 (E) CORRECTIONAL FACILITI ES SHALL IMPLEMENT P ROCEDURES TO 27 ALLOW FAIR AND MEANI NGFUL OPPORTUNITIES FOR AN INMATE TO CHA LLENGE 28 THE INMATE ’S PLACEMENT IN RESTRIC TIVE HOUSING , INCLUDING : 29 (1) THE RIGHT TO AN INIT IAL HEARING WITHIN 72 HOURS OF 30 PLACEMENT IN RESTRIC TIVE HOUSING AND A R EVIEW EVERY 15 DAYS AFTER THE 31 INITIAL HEARING ; 32 HOUSE BILL 1001 5 (2) THE RIGHT TO AN INDE PENDENT HEARING OFFI CER; AND 1 (3) THE RIGHT TO A WRITTEN S TATEMENT OF THE BASI S FOR THE 2 HEARING OFFICER ’S DECISION . 3 (F) (1) EACH TIME AN INMATE I S PLACED IN RESTRICT IVE HOUSING , THE 4 CORRECTIONAL FACILIT Y SHALL DOCUMENT : 5 (I) THE NAME , AGE, GENDER , RACE , AND ETHNICITY OF THE 6 INMATE ; 7 (II) THE DATE AND TIME TH E INMATE WAS PLACED IN AND 8 RELEASED FROM RESTRI CTIVE HOUSING ; AND 9 (III) THE REASON FOR THE R ESTRICTIVE HOUSING , INCLUDING 10 EXHAUSTION OF LESS –RESTRICTIVE ALTERNAT IVES. 11 (2) THE RECORDS DESCRIBED IN PARAGRAPH (1) OF THIS 12 SUBSECTION , EXCLUDING ANY IDENTI FYING INFORMATION , SHALL BE MADE 13 AVAILABLE ON THE WEB SITE OF THE DEPARTMENT . 14 (G) (1) THERE IS ESTABLISHED WITHIN THE DEPARTMENT A 15 RESTRICTIVE HOUSING WORKGROUP . 16 (2) THE WORKGROUP CONSISTS OF THE FOLLOWING MEMBER S: 17 (I) TWO MEMBERS OF THE SENATE OF MARYLAND , APPOINTED 18 BY THE PRESIDENT OF THE SENATE ; 19 (II) TWO MEMBERS OF THE HOUSE OF DELEGATES , APPOINTED 20 BY THE SPEAKER OF THE HOUSE ; 21 (III) THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY 22 AND CORRECTIONAL SERVICES , OR THE SECRETARY ’S DESIGNEE ; AND 23 (IV) THE FOLLOWING MEMBER S APPOINTED BY THE GOVERNOR : 24 1. A REPRESENTATIVE OF THE MARYLAND 25 CORRECTIONAL ADMINISTRATORS ASSOCIATION ; 26 2. A CORRECTIONAL OFFIC ER; 27 6 HOUSE BILL 1001 3. A FAMILY MEMBER OF A CURRENTLY INCARCERAT ED 1 PRISONER ; 2 4. AN INDIVIDUAL WHO WA S RECENTLY RELEASED FROM 3 INCARCERATION IN MARYLAND ; 4 5. A REPRESENTATIVE OF INTERFAITH ACTION FOR 5 HUMAN RIGHTS ; 6 6. A REPRESENTATIVE OF NARAL PRO CHOICE 7 MARYLAND ; 8 7. A REPRESENTATIVE OF OUT FOR JUSTICE ; 9 8. A REPRESENTATIVE OF THE AMERICAN CIVIL 10 LIBERTIES UNION OF MARYLAND ; 11 9. A REPRESENTATIVE OF DISABILITY RIGHTS 12 MARYLAND ; 13 10. A REPRESENTATIVE OF THE OFFICE OF THE PUBLIC 14 DEFENDER ; 15 11. A BEHAVIORAL AND MEN TAL HEALTH EXPERT ; AND 16 12. A PRIMARY CARE EXPER T. 17 (3) THE WORKGROUP SHALL SELEC T THE CHAIR AND OTHE R 18 OFFICERS AS MAY BE R EQUIRED FROM AMONG I TS MEMBERS . 19 (4) THE WORKGROUP SHALL ADVIS E THE DEPARTMENT ON 20 POLICIES , PROCEDURES , AND BEST PRACTICES R ELATED TO THE USE OF 21 RESTRICTIV E HOUSING . 22 (5) THE DEPARTMENT SHALL SHAR E WITH THE WORKGROUP IN A 23 TIMELY MANNER ANY IN FORMATION REQUESTED BY THE WORKGROUP . 24 (6) THE WORKGROUP MAY MAKE RE COMMENDATIONS TO THE 25 DEPARTMENT , LOCAL CORRECTIONAL F ACILITIES , LOCAL ELECTED BODIES , OR, IN 26 ACCO RDANCE WITH § 2–1246 OF THE STATE GOVERNMENT ARTICLE , THE GENERAL 27 ASSEMBLY REGARDING TH E USE OF RESTRICTIVE HOUSING . 28 (7) A MEMBER OF THE WORKGROUP : 29 HOUSE BILL 1001 7 (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 1 WORKGROUP ; BUT 2 (II) IS ENTITLED TO REIMB URSEM ENT FOR EXPENSES UND ER 3 THE STANDARD STATE TRAVEL REGULATIONS , AS PROVIDED IN THE STATE 4 BUDGET . 5 (8) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE 6 WORKGROUP . 7 (9) MEMBERS OF THE WORKGROUP MAY ENTER A NY CORRECTIONAL 8 FACILITY IN THE STATE , WITH 2 DAYS’ NOTICE . 9 (10) THE WORKGROUP SHALL MEET QUARTERLY . 10 (11) THE WORKGROUP SHALL CONVE NE ITS FIRST MEETING BEFORE 11 DECEMBER 31, 2017. 12 (12) THE WORKGROUP IS SUBJECT TO THE OPEN MEETINGS ACT. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2017. 15
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Correctional Services - Restrictive Housing - Limitations
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Providing that the Public Service Commission has oversight responsibility over specified expenditures of the electric universal service program; requiring the Department of Human Resources to expend specified funds in specified fiscal years for specified purposes, including bill assistance and arrearage retirement, targeted weatherization, or arrearage management; stating the intent of the General Assembly regarding the timing for expending specified unexpended bill assistance and arrearage funds; etc.
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the purpose of providing that the Public Service Commission has oversight 3 responsibility over certain expenditures of the electric universal service program ; 4 requiring the De partment of Human Resources to expend certain funds collected for 5 the Program in certain fiscal years for certain purposes, including bill assistance and 6 arrearage retirement, targeted weatherization, or arrearage management; and 7 generally relating to the electric universal service program . 8 BY repealing and reenacting, with amendments, 9 Article – Public Utilities 10 Section 7 –512.1(a) and (b) 11 Annotated Code of Maryland 12 (2010 Replacement Volume and 2016 Supplement) 13 BY repealing and reenacting, with out amendments, 14 Article – Public Utilities 15 Section 7 –512.1 (e) and (f) 16 Annotated Code of Maryland 17 (2010 Replacement Volume and 2016 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Artic le – Public Utilities 21 7–512.1. 22 (a) (1) The Commission shall establish an electric universal service program 23 to assist electric customers with annual incomes at or below 175% of the federal poverty 24 level. 25 2 HOUSE BILL 1002 (2) The components of the electric universal s ervice program shall include: 1 (i) bill assistance; 2 (ii) low–income residential weatherization; and 3 (iii) the retirement of arrearages for electric customers who have not 4 received assistance in retiring arrearages under the universal service program within the 5 preceding 7 fiscal years. 6 (3) The Department of Housing and Community Development is 7 responsible for administering the low –income residential weatherization component of the 8 electric universal service program. 9 (4) (i) The Departmen t of Human Resources, through the Office of 10 Home Energy Programs, is responsible for administering the bill assistance and the 11 arrearage retirement components of the electric universal service program. 12 (ii) The Department of Human Resources may: 13 1. establish minimum and maximum benefits available to an 14 electric customer under the bill assistance and arrearage retirement components; and 15 2. coordinate benefits under the electric universal service 16 program with benefits under the Maryland Energy A ssistance Program and other available 17 energy assistance programs. 18 (5) The Department of Human Resources may, with input from a panel or 19 roundtable of interested parties, contract to assist in administering the bill assistance and 20 the arrearage retiremen t components of the electric universal service program. 21 (6) The Commission has oversight responsibility for the bill assistance and 22 the arrearage retirement components of the electric universal service program AND ANY 23 OTHER FUNDS EXPENDED UNDER THIS SEC TION . 24 (7) In a specific case, the electric universal service program may waive the 25 income eligibility limitation under paragraph (1) of this subsection in order to provide 26 assistance to an electric customer who would qualify for a similar waiver under t he 27 Maryland Energy Assistance Program established under Title 5, Subtitle 5A of the Human 28 Services Article. 29 (b) (1) All customers shall contribute to the funding of the electric universal 30 service program through a charge collected by each electric compan y. 31 (2) The Commission shall determine a fair and equitable allocation for 32 collecting the charges among all customer classes pursuant to subsection (e) of this section. 33 HOUSE BILL 1002 3 (3) [In] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 1 SUBSECTION , IN accordance wit h subsection (f)(6) of this section, any unexpended bill 2 assistance and arrearage retirement funds returned to customers under subsection (f) of 3 this section shall be returned to each customer class as a credit in the same proportion that 4 the customer clas s contributed charges to the fund. 5 (4) THE DEPARTMENT OF HUMAN RESOURCES SHALL EXPEN D ANY 6 UNEXPENDED BILL ASSI STANCE AND ARREARAGE FUNDS THAT WERE COLL ECTED IN 7 FISCAL YEARS 2010 THROUGH 2017, IN EXCESS OF THE TOT AL AMOUNT 8 AUTHORIZED UNDER SUB SECTION (E) OF THIS SECTION , FOR ONE OR MORE OF T HE 9 FOLLOWING PURPOSES : 10 (I) BILL ASSISTANCE AND THE RETIREMENT OF AR REARAGES 11 FOR CUSTOMERS WHO ARE ELIGIBLE TO RECE IVE ASSISTANCE AT TH E TIME 12 SERVICES ARE PROVIDE D; 13 (II) TARGETED AND ENHANCE D LOW–INCOME RESIDENTIAL 14 WEATHERIZATION DESIG NED TO REMEDIATE HOU SEHOLDS THAT ARE CON SIDERED 15 INELIGIBLE TO PARTIC IPATE IN OTHER STATE ENERGY EFFICIEN CY PROGRAMS DUE 16 TO SIGNIFICANT HEALT H AND SAFETY HAZARDS ; OR 17 (III) AN ARREARAGE MANAGEM ENT PROGRAM FOR LOW –INCOME 18 CUSTOMERS IN ARREARS , INCLUD ING PROVI DING CREDITS OR MATCHING 19 PAYMENTS FOR CUSTOME RS WHO MAKE TIMELY P AYMENTS ON CURRENT B ILLS. 20 (5) An electric company shall recover electric universal service program 21 costs in accordance with § 7 –512 of this subtit le. 22 [(5)] (6) As determined by the Office of Home Energy Programs, bill 23 assistance payments to an electric company may be on a monthly basis for each customer. 24 [(6)] (7) The Commission shall determine the allocation of the electric 25 universal service charge among the generation, transmission, and distribution rate 26 components of all classes. 27 [(7)] (8) The Commission may not assess the electric universal service 28 surcharge on a per kilowatt –hour basis. 29 (e) The total amount of funds to be collected fo r the electric universal service 30 program each year shall be $37 million, allocated in the following manner: 31 (1) $27.4 million shall be collected from the industrial and commercial 32 classes; and 33 4 HOUSE BILL 1002 (2) $9.6 million shall be collected from the residential class. 1 (f) (1) In this subsection, “fund” means the electric universal service program 2 fund. 3 (2) There is an electric universal service program fund. 4 (3) (i) 1. The Comptroller shall collect the revenue collected by 5 electric companies under subsect ion (b) of this section and place the revenue into the fund. 6 2. The General Assembly may appropriate funds 7 supplemental to the funds collected under subsubparagraph 1 of this subparagraph. 8 (ii) The fund is a continuing, nonlapsing fund that is not subject to § 9 7–302 of the State Finance and Procurement Article. 10 (iii) The purpose of the fund is to assist electric customers as provided 11 in subsection (a)(1) of this section. 12 (4) The Department of Human Resources, with oversight by the 13 Commission , shall disburse the bill assistance and arrearage retirement funds in 14 accordance with the provisions of this section. 15 (5) The Comptroller annually shall disburse up to $1,000,000 of 16 low–income residential weatherization funds to the Department of Hous ing and 17 Community Development, as provided in the State budget. 18 (6) (i) At the end of a given fiscal year, any unexpended bill assistance 19 and arrearage retirement funds that were collected for that fiscal year shall be retained in 20 the fund and shall be made available for disbursement through the first 6 months of the 21 next fiscal year to customers who: 22 1. qualify for assistance from the fund during the given fiscal 23 year; 24 2. apply for assistance from the fund before the end of the 25 given fiscal ye ar; and 26 3. remain eligible for assistance at the time services are 27 provided. 28 (ii) If the Commission determines that an extension is needed, the 29 Commission may extend up to an additional 3 months the period in which unexpended bill 30 assistance and a rrearage retirement funds may be made available for disbursement under 31 subparagraph (i) of this paragraph. 32 HOUSE BILL 1002 5 (iii) Any bill assistance and arrearage retirement funds collected for 1 a given fiscal year that are retained under subparagraph (i) of this parag raph and that 2 remain unexpended at the end of the period allowed under subparagraphs (i) and (ii) of this 3 paragraph shall be returned to each customer class in the proportion that the customer 4 class contributed charges to the fund for the given fiscal year in the form of a credit toward 5 the charge assessed in the following fiscal year. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7 1, 2017. 8
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Electric Universal Service Program - Unexpended Funds
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Authorizing the creation of a State Debt not to exceed $100,000, the proceeds to be used as a grant to the Board of Directors of the MdBio Foundation, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the MdBioLab STEM Education Equipment Project, located in Montgomery County; providing for disbursement of the loan proceeds, subject to a requirement that the grantee provide and expend a matching fund; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $100,000, the 4 proceeds to be used as a grant to the Board of Directors of the MdBio Foundation, 5 Inc. for certain devel opment or improvement purposes; providing for disbursement 6 of the loan proceeds, subject to a requirement that the grantee provide and expend a 7 matching fund; establishing a deadline for the encumbrance or expenditure of the 8 loan proceeds; and providing ge nerally for the issuance and sale of bonds evidencing 9 the loan. 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That: 12 (1) The Board of Public Works may borrow money and incur indebtedness on 13 behalf of the State of Maryland through a State loan to be known as the Montgomery 14 County – MdBioLab STEM Education Equipment Loan of 2017 in a total principal amount 15 equal to the lesser of (i) $100,000 or (ii) the amount of the matching fund provided in 16 accordance with Section 1(5) below. This loan shall be evidenced by the issuance, sale, and 17 delivery of State general obligation bonds authorized by a resolution of the Board of Public 18 Works and issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 19 8–131.2 of the State Finance and Procurement Article. 20 (2) The bonds to evidence this loan or installments of this loan may be sold as a 21 single issue or may be consolidated and sold as part of a single issue of bonds under § 22 8–122 of the State Finance and Procurement Article. 23 2 HOUSE BILL 1003 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 1 first shall be applied to the payment of the expenses of issuing, s elling, and delivering the 2 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 3 the books of the Comptroller and expended, on approval by the Board of Public Works, for 4 the following public purposes, including any appl icable architects’ and engineers’ fees: as a 5 grant to the Board of Directors of the MdBio Foundation, Inc. (referred to hereafter in this 6 Act as “the grantee”) for the acquisition, planning, design, construction, repair, renovation, 7 reconstruction, site im provement, and capital equipping of the MdBioLab STEM Education 8 Equipment Project, including the purchase and installation of equipment for a mobile 9 laboratory, located in Montgomery County. 10 (4) An annual State tax is imposed on all assessable property i n the State in rate 11 and amount sufficient to pay the principal of and interest on the bonds, as and when due 12 and until paid in full. The principal shall be discharged within 15 years after the date of 13 issuance of the bonds. 14 (5) Prior to the payment of an y funds under the provisions of this Act for the 15 purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching 16 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 17 from funds of the State, whether appropriated or unappropriated. No part of the fund may 18 consist of real property, in kind contributions, or funds expended prior to the effective date 19 of this Act. In case of any dispute as to the amount of the matching fund or what money or 20 asset s may qualify as matching funds, the Board of Public Works shall determine the 21 matter and the Board’s decision is final. The grantee has until June 1, 2019, to present 22 evidence satisfactory to the Board of Public Works that a matching fund will be provided . 23 If satisfactory evidence is presented, the Board shall certify this fact and the amount of the 24 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 25 the matching fund shall be expended for the purposes provided in this Act. Any amount of 26 the loan in excess of the amount of the matching fund certified by the Board of Public Works 27 shall be canceled and be of no further effect. 28 (6) The proceeds of the loan must be expended or encumbered by the Board of 29 Public Works for t he purposes provided in this Act no later than June 1, 2024. If any funds 30 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 31 amount of the unencumbered or unexpended authorization shall be canceled and be of no 32 further effect. If bonds have been issued for the loan, the amount of unexpended or 33 unencumbered bond proceeds shall be disposed of as provided in § 8 –129 of the State 34 Finance and Procurement Article. 35 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t June 36 1, 2017. 37
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Creation of a State Debt - Montgomery County - MdBioLab STEM Education Equipment
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Authorizing the creation of a State Debt in the amount of $50,000, the proceeds to be used as a grant to the Board of Directors of the Champ House Recovery, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Champ House facilities, located in Prince George's County; providing for disbursement of the loan proceeds; etc.
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the purpose of authorizing the creation of a State Debt in the amount of $50,000, the 3 proceeds to be used as a grant to the Board of Directors of the Champ House 4 Recovery, Inc. for certain development or improvement purposes; providing for 5 disbursement of the loan proceeds; establishing a deadline for the encumbrance or 6 expenditure of the loan proceeds; and providing generally for th e issuance and sale 7 of bonds evidencing the loan. 8 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 That: 10 (1) The Board of Public Works may borrow money and incur indebtedness on 11 behalf of the State of Maryland through a State loan to be known as the Prince George ’s 12 County – Champ House Loan of 2017 in the total principal amount of $50,000. This loan 13 shall be evidenced by the issuance, sale, and delivery of State general obligation bonds 14 authorized by a resolution of the Board of Public Wo rks and issued, sold, and delivered in 15 accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the State Finance and 16 Procurement Article. 17 (2) The bonds to evidence this loan or installments of this loan may be sold as a 18 single issue or may be consolidated and sold as part of a single issue of bonds under § 19 8–122 of the State Finance and Procurement Article. 20 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 21 first shall be applied to the payment of the expenses of issuing, s elling, and delivering the 22 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 23 the books of the Comptroller and expended, on approval by the Board of Public Works, for 24 the following public purposes, including any appl icable architects’ and engineers’ fees: as a 25 grant to the Board of Directors of the Champ House Recovery, Inc. for the acquisition, 26 2 HOUSE BILL 1004 planning, design, construction, repair, renovation, reconstruction, site improvement, and 1 capital equipping of the Champ Hou se facilities, located in Prince George ’s County. 2 (4) An annual State tax is imposed on all assessable property in the State in rate 3 and amount sufficient to pay the principal of and interest on the bonds, as and when due 4 and until paid in full. The prin cipal shall be discharged within 15 years after the date of 5 issuance of the bonds. 6 (5) The proceeds of the loan must be expended or encumbered by the Board of 7 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 8 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 9 amount of the unencumbered or unexpended authorization shall be canceled and be of no 10 further effect. If bonds have been issued for the loan, the amount of unexpended or 11 unencumb ered bond proceeds shall be disposed of as provided in § 8 –129 of the State 12 Finance and Procurement Article. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14 1, 2017. 15
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Creation of a State Debt - Prince George's County - Champ House
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Authorizing the creation of a State Debt not to exceed $150,000, the proceeds to be used as a grant to the Board of Directors of The Boys & Girls Club of Westminster, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Boys and Girls Club of Westminster building, located in Carroll County; providing for disbursement of the loan proceeds, subject to a requirement that the grantee provide and expend a matching fund; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $150,000, the 3 proceeds to be used as a grant to the Board of Directors of The Boys & Girls Club of 4 Westminster, Inc. for certain development or improvement purposes; providing for 5 disbursement of the loan proceeds, subject to a requirement that the grantee provide 6 and expend a matching fund; establishing a deadline for the e ncumbrance or 7 expenditure of the loan proceeds; and providing generally for the issuance and sale 8 of bonds evidencing the loan. 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That: 11 (1) The Board of Public Works may borrow money and incur indebtedness on 12 behalf of the State of Maryland through a State loan to be known as the Carroll County – 13 Boys and Girls Club of Westminster Loan of 2017 in a total principal amount equal to the 14 lesser of (i) $150,000 or (ii) the amount of the matchin g fund provided in accordance with 15 Section 1(5) below. This loan shall be evidenced by the issuance, sale, and delivery of State 16 general obligation bonds authorized by a resolution of the Board of Public Works and 17 issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the 18 State Finance and Procurement Article. 19 (2) The bonds to evidence this loan or installments of this loan may be sold as a 20 single issue or may be consolidated and sold as part of a single issue of bonds under § 21 8–122 of the State Finance and Procurement Article. 22 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 23 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 24 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 25 the books of the Comptroller and expended, on approval by the Board of Public Works, for 26 the following public purposes, including any applicable architects’ and engineers’ fees: as a 27 2 HOUSE BILL 1005 grant to the Board of Directors of The Boys & Girls Club of Westminster, Inc. (referred to 1 hereafter in this Act as “the grantee”) for the acquisition, planning, design, construction, 2 repair, renovation, reconstruction, site improvement, and capital equipping o f the Boys and 3 Girls Club of Westminster building, including a new gymnasium, located in Carroll County. 4 (4) An annual State tax is imposed on all assessable property in the State in rate 5 and amount sufficient to pay the principal of and interest on the bonds, as and when due 6 and until paid in full. The principal shall be discharged within 15 years after the date of 7 issuance of the bonds. 8 (5) Prior to the payment of any funds under the provisions of this Act for the 9 purposes set forth in Section 1(3) ab ove, the grantee shall provide and expend a matching 10 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 11 from funds of the State, whether appropriated or unappropriated. No part of the fund may 12 consist of in kind co ntributions or funds expended prior to the effective date of this Act. The 13 fund may consist of real property. In case of any dispute as to the amount of the matching 14 fund or what money or assets may qualify as matching funds, the Board of Public Works 15 shall determine the matter and the Board’s decision is final. The grantee has until June 1, 16 2019, to present evidence satisfactory to the Board of Public Works that a matching fund 17 will be provided. If satisfactory evidence is presented, the Board shall certif y this fact and 18 the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal 19 to the amount of the matching fund shall be expended for the purposes provided in this Act. 20 Any amount of the loan in excess of the amount of the mat ching fund certified by the Board 21 of Public Works shall be canceled and be of no further effect. 22 (6) The proceeds of the loan must be expended or encumbered by the Board of 23 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 24 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 25 amount of the unencumbered or unexpended authorization shall be canceled and be of no 26 further effect. If bonds have been issued for the loan, the amount of unexpend ed or 27 unencumbered bond proceeds shall be disposed of as provided in § 8–129 of the State 28 Finance and Procurement Article. 29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30 1, 2017. 31
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Creation of a State Debt - Carroll County - Boys and Girls Club of Westminster
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Prohibiting a public official of an executive unit from being a candidate for a public office while the individual holds a position in an executive unit; etc.
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the purpose of prohibiting a public official of an executive unit from being a candidate 3 for a public office while the individual holds a position in an executive unit; defining 4 certain terms; and generally relating to the candidacy for an elected public office by 5 a public official of an executive unit. 6 BY repealing and reenacting, without amendments , 7 Article – Election Law 8 Section 5 –201 9 Annotated Code of Maryland 10 (2010 Replacement Volume and 2016 Supplement) 11 BY adding to 12 Article – Election Law 13 Section 5 –206 14 Annotated Code of Maryland 15 (2010 Replacement Volume and 2016 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – General Prov isions 18 Section 5 –101(m) and (ff) and 5 –103(a), (b), and (f) 19 Annotated Code of Maryland 20 (2014 Volume and 2016 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Election Law 24 5–201. 25 2 HOUSE BILL 1006 An individual may become a candidate for a public or party office only if the 1 individual satisfies the qualifications for that office established by law and, in the case of a 2 party office, by party constitution or bylaws. 3 5–206. 4 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5 INDICATED . 6 (2) “EXECUTIVE UNIT ” HAS THE MEANING STAT ED IN § 5–101(M) OF 7 THE GENERAL PROVISIONS ARTICLE . 8 (3) “PUBLIC OFFICIAL OF AN EXECUTIVE UNIT” MEANS AN 9 INDIVIDUAL DESCRIBED IN § 5–103( B) OF THE GENER AL PROVISIONS ARTICLE . 10 (B) A PUBLIC OFFICIAL OF A N EXECUTIVE UNIT MAY NOT BECOME A 11 CANDIDATE FOR A PUBL IC OFFICE WHILE THE INDIVIDUAL HOLDS A POSITION IN AN 12 EXECUTIVE UNIT . 13 Article – General Provisions 14 5–101. 15 (m) (1) “Executive unit” means a department, agency, commission, board, 16 council, or other body of State government that: 17 (i) is established by law; and 18 (ii) is not in the Legislative Branch or the Judicial Branch of State 19 government. 20 (2) “Executive unit” includes: 21 (i) a cou nty health department unless the officials and employees of 22 the department are expressly designated as local officials in § 5 –801 of this title; 23 (ii) the office of the sheriff in each county; 24 (iii) the office of the State’s Attorney in each county; and 25 (iv) the Liquor Control Board for Somerset County. 26 (ff) “Public official” means an individual determined to be a public official under 27 § 5–103 of this subtitle. 28 HOUSE BILL 1006 3 5–103. 1 (a) The determination of whether an individual is a public official for th e purposes 2 of this title shall be made in accordance with this section. 3 (b) Except as provided in subsection (f) of this section, the following individuals 4 in executive units are public officials: 5 (1) an individual who receives compensation at a rate equivalent to at least 6 State grade level 16, or who is appointed to a board, if the Ethics Commission determines 7 under § 5 –208 of this title that: 8 (i) the individual, acting alone or as a member of an executive unit, 9 has decision –making authority or ac ts as a principal advisor to an individual with 10 decision –making authority: 11 1. in making State policy in an executive unit; or 12 2. in exercising quasi –judicial, regulatory, licensing, 13 inspecting, or auditing functions; and 14 (ii) the individual’s duties are not essentially administrative and 15 ministerial; 16 (2) any other individual in an executive unit if the Ethics Commission 17 determines that the individual, acting alone or as a member of the executive unit, has 18 decision –making authority or acts a s a principal advisor to an individual with 19 decision –making authority in drafting specifications for, negotiating, or executing contracts 20 that commit the State or an executive unit to spend more than $10,000 in a year; 21 (3) a member, appointee, or emplo yee of the Maryland Stadium Authority; 22 (4) a member, appointee, or employee of the Canal Place Preservation and 23 Development Authority; and 24 (5) a member of the Emergency Medical Services Board. 25 (f) The following are not public officials: 26 (1) a State official; 27 (2) an individual employed on a contractual basis unless the individual is: 28 (i) employed on a full –time basis for more than 6 months; and 29 (ii) designated as a public official under subsection (b)(1) or (c) of this 30 section; and 31 4 HOUSE BILL 1006 (3) a part –time or full –time faculty member at a State institution of higher 1 education: 2 (i) as to subsection (b)(2) of this section, only when the individual is 3 acting in the capacity of a faculty member; and 4 (ii) as to any other provision of this section, unless the individual 5 also: 6 1. is employed in another position that causes the individual 7 to be designated as a public official; or 8 2. directly procures, directly influences, or otherwise directly 9 affects the formation or execution of a ny State contract, purchase, or sale, as established 10 by regulations adopted by the Ethics Commission and approved by the Joint Committee on 11 Administrative, Executive, and Legislative Review. 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 October 1, 2017. 14
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Elections - Public Official in Executive Unit - Elected Public Office
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Altering specified eligibility criteria for specified credits under the One Maryland Economic Development Tax Credit to include specified persons who establish or expand in specified areas a business facility that, for business incubators, creates a specified aggregate number of qualified positions at the facility under specified circumstances; authorizing specified business incubators to claim a refund of specified project tax credits or start-up tax credits; applying the Act to all taxable years beginning after December 31, 2016; etc.
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the purpose of altering certain eligibility criteria for certain credits under the One 4 Maryland Economic Development Tax Credit to include certain persons who 5 establish or expand a business facility located in certain areas that, for business 6 incubators, creates a cer tain aggregate number of qualified positions at the facility 7 under certain circumstances; requiring, in order to be certified as a certain qualified 8 business entity for certain credits, a certain business incubator to submit certain 9 information to the Secr etary of Commerce; altering the manner in which the amount 10 of a certain start –up tax credit is calculated for each taxable year; authorizing, under 11 certain circumstances, certain business incubators to claim certain credits on a 12 prorated basis if the aggre gate number of qualifying positions filled by the businesses 13 at the business incubator’s facility meets certain requirements; authorizing certain 14 business incubators to claim a refund of certain project tax credits or start –up tax 15 credits in certain taxabl e years; providing that the total amount claimed as a refund 16 under certain circumstances may not exceed a certain amount; providing for the 17 application of this Act; and generally relating to the One Maryland Economic 18 Development Tax Credit and certain busi ness incubators. 19 BY repealing and reenacting, without amendments, 20 Article – Economic Development 21 Section 6 –401(a), (f), and (g) and 6 –403(g) 22 Annotated Code of Maryland 23 (2008 Volume and 2016 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article – Economic Development 26 Section 6 –401(b), 6 –402, 6 –403(a), (e), and (f), 6 –404, and 6 –405 27 Annotated Code of Maryland 28 2 HOUSE BILL 1007 (2008 Volume and 2016 Supplement) 1 BY repealing and reenacting, without amendments, 2 Article – Tax – Property 3 Section 9 –247(a) 4 Annotated Code of Maryland 5 (2012 Replacement Volume and 2016 Supplement) 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That the Laws of Maryland read as follows: 8 Article – Economic Development 9 6–401. 10 (a) In this subtitle the following words have the meanings indicated. 11 (b) “Eligible economic development project” means an economic development 12 project that: 13 (1) establishes or expands a business facility within a qualified distressed 14 county , AN ENTERPRISE ZONE , OR A REGIONAL INSTITUTION STRATEGIC 15 ENTERPRISE ZONE ; and 16 (2) is approved for a project tax credit or a start –up tax credit in accordance 17 with this subtitle. 18 (f) “Qualified business entity” means a person that: 19 (1) (i) conducts or operates a trade or business in the State; or 20 (ii) operates in the State and is exempt from taxation under § 21 501(c)(3) or (4) of the Internal Revenue Code; and 22 (2) is certified in accordance with § 6 –402 of this subtitle as qualifying for 23 a project tax credit or a start –up tax cre dit under this subtitle. 24 (g) (1) “Qualified position” means a position that: 25 (i) is a full –time position and is of indefinite duration; 26 (ii) pays at least 150% of the federal minimum wage; 27 (iii) is in a qualified distressed county; 28 (iv) is newly created because a business facility begins or expands in 29 one location in a qualified distressed county; and 30 HOUSE BILL 1007 3 (v) is filled. 1 (2) “Qualified position” does not include a position that is: 2 (i) created when an employment function is shifted from an existing 3 business facility of a business entity in the State to another business facility of the same 4 business entity if the position is not a net new job in the State; 5 (ii) created through a change in ownership of a trade or business; 6 (iii) created through a consolidation, merger, or restructuring of a 7 business entity if the position is not a net new job in the State; 8 (iv) created when an employment function is contractually shifted 9 from an existing business entity in the State to anoth er business entity if the position is 10 not a net new job in the State; or 11 (v) filled for a period of less than 12 months. 12 6–402. 13 (a) (1) To qualify for a project tax credit or a start –up tax credit, a person shall 14 be certified by the Secretary as mee ting the requirements of this subtitle and as being 15 eligible for the tax credit. 16 (2) The Secretary may not certify a person as a qualified business entity 17 unless the person notifies the Department of its intent to seek certification before hiring 18 any qu alified employees to fill the qualified positions necessary to satisfy the employment 19 threshold under subsection (b)(2) of this section. 20 (b) To be eligible for a project tax credit or a start –up tax credit, a person shall: 21 (1) (I) establish or expand a business facility that: 22 [(i)] 1. is located in a qualified distressed county; and 23 [(ii) 1.] 2. A. is located in a priority funding area under § 24 5–7B–02 of the State Finance and Procurement Article; or 25 [2.] B. is eligible for funding outside of a priority funding 26 area under § 5 –7B–05 or § 5 –7B–06 of the State Finance and Procurement Article; OR 27 (II) ESTABLISH OR EXPAND A BUSINESS INCUBATOR AS 28 DEFINED IN § 9–247 OF THE TAX – PROPERTY ARTICLE LOCATED IN : 29 4 HOUSE BILL 1007 1. AN ENTERPRISE ZONE DESIGNATED UNDER TITLE 5, 1 SUBTITLE 7 OF THIS ARTICLE ; OR 2 2. A REGIONAL INSTITUTION STRATEGIC ENTERPRISE 3 ZONE ESTABLISHED UNDE R TITLE 5, SUBTITLE 14 OF THIS ARTICLE ; 4 (2) (I) during any 24 –month period, create at least 25 qualified 5 positions at the n ew or expanded business facility; OR 6 (II) FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 OF THE 7 TAX – PROPERTY ARTICLE , DURING ANY 24–MONTH PERIOD , CREATE AT LEAST 25 8 QUALIFIED POSITIONS AT THE FACILITY BY A GGREGATING THE POSIT IONS CREATED 9 BY THE BUSIN ESSES AT THE FACILIT Y; and 10 (3) be primarily engaged at the new or expanded business facility in any 11 combination of: 12 (i) manufacturing or mining; 13 (ii) transportation or communications; 14 (iii) filmmaking, resort business, or recreational busine ss; 15 (iv) agriculture, forestry, or fishing; 16 (v) research, development, or testing; 17 (vi) biotechnology; 18 (vii) computer programming, information technology, or other 19 computer –related services; 20 (viii) central services for a business entity engaged in financial 21 services, real estate services, or insurance services; 22 (ix) the operation of central administrative offices; 23 (x) the operation of a company headquarters other than the 24 headquarters of a professional sports organization; 25 (xi) the operation of a public utility; 26 (XII) A BUSINESS INCUBATOR AS DEFINED IN § 9–247 OF THE TAX 27 – PROPERTY ARTICLE ; 28 [(xii)](XIII) warehousing; or 29 HOUSE BILL 1007 5 [(xiii)](XIV) other business services. 1 (c) To be certified as a qualified business entity fo r a project tax credit or a 2 start –up tax credit, a person shall submit to the Secretary an application that specifies: 3 (1) the effective date of the start –up or expansion; 4 (2) the number of full –time employees before the start –up or expansion and 5 the payroll of the existing employees; 6 (3) (I) the number of qualified positions created and qualified 7 employees hired and the payroll of the new qualified employees; OR 8 (II) FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 OF THE 9 TAX – PROPERTY ARTICLE , THE NUMBER OF QUALIF IED POSITIONS CREATE D AND 10 QUALIFIED EMPLOYEES HIRED AT THE FACILIT Y BY AGGREGATING THE QUALIFIED 11 POSITIONS CREATED AN D QUALIFIED EMPLOYEE S HIRED BY THE BUSIN ESSES AT 12 THE FACILITY AND THE PAYROLL OF THE NEW Q UALIFIED EMPLOYEES ; and 13 (4) any other information that the Secretary requires by regulation. 14 (d) The Secretary may require any information required under this section to be 15 verified by an independent auditor that the qualified business entity selects. 16 6–403. 17 (a) (1) A qualified business entity may claim a project tax credit for the cost of 18 an eligible economic development project in a qualified distressed county , AN ENTERPRISE 19 ZONE , OR A REGIONAL INSTITUTION STRATEGIC ENTERPRISE ZONE if the total 20 eligible project cost f or the eligible economic development project is at least $500,000. 21 (2) A qualified business entity is not entitled to a project tax credit for a 22 cost incurred before notifying the Department of its intent to seek certification as qualifying 23 for the proj ect tax credit. 24 (e) (1) Subject to paragraph (2) of this subsection, if the eligible project cost for 25 the eligible economic development project exceeds the State tax on the qualified business 26 entity’s income generated by or arising out of the project for the taxable year in which the 27 project is placed in service, the qualified business entity may apply any excess as a project 28 tax credit for succeeding taxable years against the State tax on the qualified business 29 entity’s income generated by or arising out of the project until the earlier of: 30 (i) the full amount of the excess is used; or 31 6 HOUSE BILL 1007 (ii) the expiration of the 14th taxable year following the taxable year 1 in which the project is placed in service. 2 (2) (i) A qualified business entity may claim a prorated share of the 3 credit under this subsection if: 4 1. during any taxable year after the qualified business entity 5 is certified for the tax credit [,]: 6 A. the number of qualified positions filled by the qualified 7 business entity falls below 25, but does not fall below 10; OR 8 B. FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 9 OF THE TAX – PROPERTY ARTICLE , THE AGGREGATE NUMBER OF QUALIFIED 10 POSITIONS FILLED BY THE BUSINESSES AT TH E BUSINESS INCUBATOR ’S FACILITY 11 FALLS BELOW 25, BUT DOES NOT FALL BELOW 10; and 12 2. the qualified business entity [has] OR BUSINESSES IN A 13 BUSINESS INCUBATOR H AVE maintained at least 25 qualified positions for at least 5 14 years. 15 (ii) The prorated share of the credit is calculated based on the 16 number of qualif ied positions filled for the taxable year divided by 25. 17 (f) (1) Subject to the limitation in paragraph (4) of this subsection and subject 18 to § 6 –405 of this subtitle, this subsection applies : 19 (I) FOR A NONPROFIT ORGA NIZATION THAT IS A B USINESS 20 INCUBATOR AS DEFINED IN § 9–247 OF THE TAX – PROPERTY ARTICLE , TO ANY 21 TAXABLE YEAR FOLLOWI NG THE YEAR IN WHICH THE PROJECT IS PLACE D IN 22 SERVICE ; OR 23 (II) FOR ANY OTHER QUALIF IED BUSINESS ENTITY , to any taxable 24 year after the 4th but before the 15th taxable year following the taxable year in which the 25 project is placed in service. 26 (2) A qualified business entity other than a person subject to taxation 27 under Title 6 of the Insurance Article may: 28 (i) apply any excess of eligible project costs for the eligible economic 29 development project over the cumulative amount used as a project tax credit for the taxable 30 year and all prior taxable years as a tax credit against the State tax for the taxable year on 31 the qualified business entity’s income other t han income generated by or arising out of the 32 project; and 33 HOUSE BILL 1007 7 (ii) claim a refund in the amount, if any, by which the unused excess 1 exceeds the State tax for the taxable year on the qualified business entity’s income other 2 than income generated by or aris ing out of the project. 3 (3) A qualified business entity that is subject to taxation under Title 6 of 4 the Insurance Article may: 5 (i) apply any excess of eligible project costs for the eligible economic 6 development project over the cumulative amount u sed as a project tax credit for the taxable 7 year and all prior taxable years as a tax credit against the premium tax imposed for the 8 taxable year; and 9 (ii) claim a refund in the amount, if any, by which the unused excess 10 exceeds the premium tax for the taxable year. 11 (4) For any taxable year, the total amount used as a project tax credit and 12 claimed as a refund under this subsection may not exceed : 13 (I) the amount of tax that the qualified business entity is required 14 to withhold for the taxable ye ar from the wages of qualified employees under § 10 –908 of 15 the Tax – General Article ; OR 16 (II) FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 OF THE 17 TAX – PROPERTY ARTICLE , AN AMOUNT EQUAL TO : 18 1. THE AMOUNT OF TAX TH AT THE BUSINESSES AT THE 19 BUSINES S INCUBATOR ’S FACILITY ARE REQUI RED TO WITHHOLD FOR THE TAXABLE 20 YEAR FROM THE WAGES OF QUALIFIED EMPLOYE ES UNDER § 10–908 OF THE 21 TAX – GENERAL ARTICLE ; AND 22 2. 7.5% OF THE AMOUNT PAID B Y BUSINESSES AT THE 23 BUSINESS INCUBATOR ’S FACILITY TO INDEPE NDENT C ONTRACTORS WHO ARE : 24 A. ENGAGED IN THE PRIMA RY ACTIVITIES OF THE 25 BUSINESS LOCATED IN THE BUSINESS INCUBAT OR; 26 B. LOCATED AT THE BUSIN ESS INCUBATOR ; AND 27 C. SUBJECT TO THE STATE INCOME TAX . 28 (5) (i) A qualified business entity may claim a prorated share of the 29 credit under this subsection if: 30 1. during any taxable year after the qualified business entity 31 is certified for the tax credit [,]: 32 8 HOUSE BILL 1007 A. the number of qualified positions filled by the qualified 1 business entity falls below 25, but does not fall below 10; OR 2 B. FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 3 OF THE TAX – PROPERTY ARTICLE , THE AGGREGATE NUMBER OF QUALIFIED 4 POSITIONS FILLED BY THE BUSINESSES AT TH E BUSINESS INCUBATOR ’S FACILITY 5 FALLS BELOW 25, BUT DOES NOT FAL L BELOW 10; and 6 2. the qualified business entity [has] OR BUSINESSES IN A 7 BUSINESS INCUBATOR H AVE maintained at least 25 qualified positions for at least 5 8 years. 9 (ii) The prorated share of the credit is calculated based on the 10 number of qualified positions filled for the taxable year divided by 25. 11 (g) A qualified business entity shall attach the certification required under § 12 6–402 of this subtitle to the tax return on which the project tax credit is claimed. 13 6–404. 14 (a) (1) A qualified busi ness entity that locates in a qualified distressed county , 15 AN ENTERPRISE ZONE , OR A REGIONAL INSTITUTION STRATEGIC ENTERPRISE 16 ZONE may claim a start –up tax credit in the amount provided in subsection (b) of this 17 section. 18 (2) A qualified business entity is not entitled to a start –up tax credit for a 19 cost incurred before notifying the Department of its intent to seek certification as qualifying 20 for the start –up tax credit. 21 (b) The start –up tax credit allowed under this section for each taxable year equal s 22 the least of: 23 (1) the qualified business entity’s total eligible start –up cost associated 24 with establishing or expanding a business facility in the qualified distressed county , AN 25 ENTERPRISE ZONE , OR A REGIONAL INSTITUTION STRATEGIC ENTERPRISE ZONE , 26 less the amount of the credit previously taken for the project; 27 (2) the product of multiplying $10,000 times the number of qualified 28 employees employed at the new or expanded business facility , INCLUDING THE 29 AGGREGATE NUMBER OF QUALIFIED EMPLOYEES EMPLOYED BY THE BUSI NESSES AT 30 THE FACILITY OF A BU SINESS INCUBATOR , AS DEFINED IN § 9–247 OF THE 31 TAX – PROPERTY ARTICLE ; or 32 (3) $500,000. 33 HOUSE BILL 1007 9 (c) (1) Subject to paragraph (2) of this subsection, if the start –up tax credit 1 allowed under subsection (b) of this section for the taxable year in which a qualified 2 business entity locates in a qualified distressed county , AN ENTERPRISE ZONE , OR A 3 REGIONAL INSTITUTION STRATEGIC ENTERPRISE ZONE exceeds the tot al tax 4 otherwise due from the qualified business entity for that taxable year, the qualified 5 business entity may apply the excess as a credit for succeeding taxable years until the 6 earlier of: 7 (i) the full amount of the excess is used; or 8 (ii) the expiration of the 14th taxable year following the taxable year 9 in which the qualified business entity locates in a qualified distressed county. 10 (2) (i) A qualified business entity may claim a prorated share of the 11 credit under this subsection if: 12 1. during any taxable year after the qualified business entity 13 is certified for the tax credit [,]: 14 A. the number of qualified positions filled by the qualified 15 business entity falls below 25, but does not fall below 10; OR 16 B. FOR A BUSINESS INCUBATOR AS DEFINED IN § 9–247 17 OF THE TAX – PROPERTY ARTICLE , THE AGGREGATE NUMBER OF QUALIFIED 18 POSITIONS FILLED BY THE BUSINESSES AT TH E BUSINESS INCUBATOR ’S FACILITY 19 FALLS BELOW 25, BUT DOES NOT FALL BE LOW 10; and 20 2. the qualified business entity h as maintained at least 25 21 qualified positions for at least 5 years. 22 (ii) The prorated share of the credit is calculated based on the 23 number of qualified positions filled for the taxable year divided by 25. 24 (d) (1) Subject to the limitation in paragra ph (3) of this subsection and subject 25 to § 6 –405 of this subtitle, this subsection applies : 26 (I) FOR A NONPROFIT ORGA NIZATION THAT IS A B USINESS 27 INCUBATOR AS DEFINED IN § 9–247 OF THE TAX – PROPERTY ARTICLE , TO ANY 28 TAXABLE YEAR FOLLOWI NG THE YEAR IN WHI CH THE QUALIFIED BUS INESS ENTITY 29 LOCATES IN A QUALIFI ED DISTRESSED COUNTY , AN ENTERPRISE ZONE , OR A 30 REGIONAL INSTITUTION STRATEGIC ENTERPRISE ZONE; OR 31 (II) FOR ANY OTHER QUALIF IED BUSINESS ENTITY , to any taxable 32 year after the 4th but before the 15th taxable year following the taxable year in which the 33 10 HOUSE BILL 1007 qualified business entity locates in a qualified distressed county , AN ENTERPRISE ZONE , 1 OR A REGIONAL INSTITUTION STRATEGIC ENTERPRISE ZONE . 2 (2) A qualified business entity may claim a refund in the amount, if any, 3 by which the qualified business entity’s eligible start –up cost exceeds the cumulative 4 amount used as a start –up tax credit for the taxable year and all prior taxable years. 5 (3) For an y taxable year, the total amount claimed as a refund under this 6 subsection may not exceed : 7 (I) the amount of tax that the qualified business entity is required 8 to withhold for the taxable year from the wages of qualified employees under § 10 –908 of 9 the Tax – General Article ; OR 10 (II) FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 OF THE 11 TAX – PROPERTY ARTICLE , AN AMOUNT EQUAL TO : 12 1. THE AMOUNT OF TAX TH AT THE BUSINESSES AT THE 13 BUSINESS INCUBATOR ’S FACILITY ARE REQUI RED TO WITHHOLD FOR THE TAXAB LE 14 YEAR FROM THE WAGES OF QUALIFIED EMPLOYE ES UNDER § 10–908 OF THE 15 TAX – GENERAL ARTICLE ; AND 16 2. 7.5% OF THE AMOUNT PAID B Y BUSINESSES AT THE 17 BUSINESS INCUBATOR ’S FACILITY TO INDEPE NDENT CONTRACTORS WH O ARE : 18 A. ENGAGED IN THE PRIMA RY ACTIVITIES OF THE 19 BUSINESS LOCATED IN THE BUSINESS INCUBAT OR; 20 B. LOCATED AT THE BUSIN ESS INCUBATOR ; AND 21 C. SUBJECT TO THE STATE INCOME TAX . 22 (4) (i) A qualified business entity may claim a prorated share of the 23 credit under this subsection if: 24 1. during any taxable year after the qualified business entity 25 is certified for the tax credit [,]: 26 A. the number of qualified positions filled by the qualified 27 business entity falls below 25, but does not fall below 10; OR 28 B. FOR A BUSINESS INCUB ATOR AS DEFINED IN § 9–247 29 OF THE TAX – PROPERTY ARTICLE , THE AGGREGATE NUMBER OF QUALIFIED 30 HOUSE BILL 1007 11 POSITIONS FILLED BY THE BUSINESSES AT TH E BUSINESS INCUBATOR ’S FACILITY 1 FALLS BELOW 25, BUT DOES NOT FALL BE LOW 10; and 2 2. the qualified business entity has maintained at least 25 3 qualified positions for at least 5 years. 4 (ii) The prorated share of the credit is calculated based on the 5 number of qualified positions filled for the taxable year divided by 25. 6 (e) A qualified business entity shall attach th e certification required under § 7 6–402(a) of this subtitle to the tax return on which the start –up tax credit is claimed. 8 6–405. 9 (A) [If] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , IF the 10 pay for the majority of the qualified positions creat ed from the establishment or expansion 11 of a business facility is at least 250% of the federal minimum wage, §§ 6 –403(f) and 12 6–404(d) of this subtitle apply beginning with the taxable year after the 2nd taxable year 13 that follows the taxable year when the q ualified business entity locates in a qualified 14 distressed county , AN ENTERPRISE ZONE , OR A REGIONAL INSTITUTION STRATEGIC 15 ENTERPRISE ZONE . 16 (B) SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO A NONPR OFIT 17 ORGANIZATION THAT IS A BUSINESS INCUBATOR AS DEFI NED IN § 9–247 OF THE 18 TAX – PROPERTY ARTICLE . 19 Article – Tax – Property 20 9–247. 21 (a) In this section, “business incubator” means a program in which units of space 22 are leased by multiple early –stage businesses that share physical common space, 23 administrative services and equipment, business management training, mentoring, and 24 technical support. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 1, 2017, and shall be applicable to all taxable years beginning after Decemb er 31, 2016. 27
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One Maryland Economic Development Tax Credits - Business Incubators, Enterprise Zones, and Regional Institution Strategic Enterprise Zones
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Requiring the Board of License Commissioners for Harford County to publish notice of a hearing for an alcoholic beverages license application two times in 2 successive weeks in a specified manner; and altering the manner in which the Board is required to publish specified licensing decisions.
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the purpose of requiring the Board of License Commissioners for Harford County to 3 publish notice of a hearing for an alcoholic beverages license applicat ion in a certain 4 manner ; altering the manner in which the Board is required to publish certain 5 licensing decisions; and generally relat ing to alcoholic beverages in Harford County. 6 BY repealing and reenacting, without amendments, 7 Article – Alcoholic B everages 8 Section 22–102 and 22 –1501 9 Annotated Code of Maryland 10 (2016 Volume and 2016 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Alcoholic Beverages 13 Section 22 –1505 14 Annotated Code of Maryland 15 (2016 Volume and 2016 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Alcoholic Beverages 19 22–102. 20 This title applies only in Harford County. 21 22–1501. 22 2 HOUSE BILL 1008 (a) The following sections of Title 4, Subtitle 2 ( “Issuance or Denial of Local 1 Licenses”) of Division I of this article apply in the county without exception or variation: 2 (1) § 4–205 (“Chain store, supermarket, or discount house”); 3 (2) § 4–206 (“Limitations on retail sales floor space”); 4 (3) § 4–207 (“Licenses issued to minors”); 5 (4) § 4–209 (“Hearing”); 6 (5) § 4–213 (“Replacement licenses”); and 7 (6) § 4–214 (“Waiting periods after denial of license applications”). 8 (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 9 Licenses”) of Division I of this article apply in the county: 10 (1) § 4–202 (“Authority of local licensing boards”), subject to § 22 –1502 of 11 this subtitle; 12 (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 13 for use of entity”), subject to §§ 22 –1503 and 22 –1504 of this subtitle and Subtitle 13, Part 14 III and Subtitle 16, Part II of this title; 15 (3) § 4–204 (“Prohibition against issuing multiple licenses for same 16 premises”), subject to §§ 22 –1503 and 22 –1504 of this su btitle and Subtitle 13, Part III of 17 this title; 18 (4) § 4–208 (“Notice of license application required”), subject to § 22 –1505 19 of this subtitle; 20 (5) § 4–210 (“Approval or denial of license application”), subject to §§ 21 22–1506 and 22 –1507 of this subti tle; 22 (6) § 4–211 (“License forms; effective date; expiration”), subject to § 23 22–1508 of this subtitle; and 24 (7) § 4–212 (“License not property”), in addition to § 22 –1509 of this 25 subtitle. 26 22–1505. 27 (a) BEFORE HOLDING A HEAR ING FOR AN APPLICATI ON FOR A LICENSE , 28 THE BOARD SHALL PUBLISH NOTICE OF THE APPLICATION T WO TIMES IN 2 29 SUCCESSIVE WEEKS : 30 HOUSE BILL 1008 3 (1) IN ONE NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN 1 THE COUNTY ; AND 2 (2) ON THE BOARD’S WEB SITE . 3 (B) (1) For a hearing for an application for a new license or an upgrade to an 4 existing license, the Board shall post a notice in a conspicuous location on the exterior of 5 the location described in the application. 6 (2) The notice shall be on a sign that me asures at least 12 by 18 inches and 7 include: 8 (i) the class of license for which application is made; 9 (ii) the name of the applicant; and 10 (iii) the date, time, and location for the application hearing. 11 (3) The notice shall remain posted for 2 0 days before the hearing. 12 [(b)] (C) (1) The Board shall publish its decision on an application for a new 13 license, an upgrade of an existing license, or a change of location of an existing license : 14 (I) in [two newspapers ] ONE NEWSPAPER of general 15 circulation published in the county ; AND 16 (II) ON THE BOARD’S WEB SITE . 17 (2) The decision shall state the name of the license holder, the type of 18 license, and the location of the premises. 19 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 1, 2017. 21
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Harford County - Alcoholic Beverages - Publication of Notices
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Modifying specified standards for the involuntary admission of specified individuals who have experienced a drug overdose to specified facilities or a Veterans' Administration hospital to include an individual who has a mental disorder or is not a minor, has experienced a drug overdose, and has health insurance coverage as a dependent on the parent's health insurance plan; modifying specified standards for petitions for the emergency evaluation of specified individuals who have experienced a drug overdose; etc.
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the purpose of modifying certain standards for the involuntary admission of certain 4 individuals who have experienced a drug overdose to certain facilities or a Veterans’ 5 Administration hosp ital; modifying certain standards for petitions for the emergency 6 evaluation of certain individ uals who have experienced a drug overdose ; and 7 generally relating to involuntary admissions, petitions for emergency evaluation, 8 and individuals who have experienced a drug overdose. 9 BY repealing and reenacting, with amendments, 10 Article – Health – General 11 Section 10 –617, 10 –622, 10 –623, and 10 –632 12 Annotated Code of Maryland 13 (2015 Replacement Volume and 2016 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Health – General 17 10–617. 18 (a) A facility or Veterans’ Administration hospital may not admit the individual 19 under this part unless: 20 (1) The individual [has]: 21 (I) HAS a mental disorder ; OR 22 2 HOUSE BILL 1009 (II) 1. IS NOT A MINOR ; 1 2. HAS E XPERIENCED A DRUG OV ERDOSE ; AND 2 3. HAS HEALTH INSURANCE COVERAGE AS A 3 DEPENDENT UNDER THE INDIVIDUAL ’S PARENT ’S HEALTH INSURANCE P LAN; 4 (2) The individual needs inpatient care or treatment; 5 (3) The individual presents a danger to the life or safety of the individual 6 or of others; 7 (4) The individual is unable or unwilling to be admitted voluntarily; and 8 (5) There is no available, less restrictive form of intervention that is 9 consistent with the welfare and safety of the individual. 10 (b) (1) In addition to the limitations in subsection (a) of this section, a State 11 facility may not admi t an individual who is 65 years old or older unless a geriatric 12 evaluation team determines that there is no available, less restrictive form of care or 13 treatment that is adequate for the needs of the individual. 14 (2) If admission is denied because of the determination of the geriatric 15 evaluation team, the team shall: 16 (i) Inform the applicant; and 17 (ii) Help the applicant obtain the less restrictive form of care or 18 treatment that the team finds would be adequate for the needs of the individual. 19 10–622. 20 (a) A petition for emergency evaluation of an individual may be made under this 21 section only if the petitioner has reason to believe that the individual: 22 (1) (I) Has a mental disorder; OR 23 (II) 1. IS NOT A MINOR ; 24 2. HAS EXPERIENCED A DRU G OVERDOSE ; AND 25 3. HAS HEALTH INSURANCE COVERAGE AS A 26 DEPENDENT UNDER THE INDIVIDUAL ’S PARENT ’S HEALTH INSURANCE P LAN; and 27 (2) The individual presents a danger to the life or safety of the individual 28 or of others. 29 HOUSE BILL 1009 3 (b) (1) The petition for emergency evaluation of an individual may be made by: 1 (i) A physician, psychologist, clinical social worker, licensed clinical 2 professional counselor, clinical nurse specialist in psychiatric and mental health nursing, 3 psychiatric nurse practitioner, l icensed clinical marriage and family therapist, or health 4 officer or designee of a health officer who has examined the individual; 5 (ii) A peace officer who personally has observed the individual or the 6 individual’s behavior; or 7 (iii) Any other inte rested person. 8 (2) An individual who makes a petition for emergency evaluation under 9 paragraph (1)(i) or (ii) of this subsection may base the petition on: 10 (i) The examination or observation; or 11 (ii) Other information obtained that is pertinent t o the factors giving 12 rise to the petition. 13 (c) (1) A petition under this section shall: 14 (i) Be signed and verified by the petitioner; 15 (ii) State the petitioner’s: 16 1. Name; 17 2. Address; and 18 3. Home and work telephone numbers; 19 (iii) State the emergency evaluee’s: 20 1. Name; and 21 2. Description; 22 (iv) State the following information, if available: 23 1. The address of the emergency evaluee; and 24 2. The name and address of the spouse or a child, parent, or 25 other re lative of the emergency evaluee or any other individual who is interested in the 26 emergency evaluee; 27 4 HOUSE BILL 1009 (v) If the individual who makes the petition for emergency 1 evaluation is an individual authorized to do so under subsection (b)(1)(i) of this section, 2 contain the license number of the individual; 3 (vi) Contain a description of the behavior and statements of the 4 emergency evaluee or any other information that led the petitioner to believe that the 5 emergency evaluee [has a mental disorder and that the i ndividual presents a danger to the 6 life or safety of the individual or of others ] MEETS THE CRITERIA UNDER SUBSECTION 7 (A) OF THIS SECTION ; and 8 (vii) Contain any other facts that support the need for an emergency 9 evaluation. 10 (2) The petition form sha ll contain a notice that the petitioner: 11 (i) May be required to appear before a court; and 12 (ii) Makes the statements under penalties of perjury. 13 (d) (1) A petitioner who is a physician, psychologist, clinical social worker, 14 licensed clinical prof essional counselor, clinical nurse specialist in psychiatric and mental 15 health nursing, psychiatric nurse practitioner, licensed clinical marriage and family 16 therapist, health officer, or designee of a health officer shall give the petition to a peace 17 officer. 18 (2) The peace officer shall explain to the petitioner: 19 (i) The serious nature of the petition; and 20 (ii) The meaning and content of the petition. 21 10–623. 22 (a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, 23 clinical social worker, licensed clinical professional counselor, clinical nurse specialist in 24 psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 25 marriage and family therapist, health officer or designee of a health officer, or peace officer, 26 the petitioner shall present the petition to the court for immediate review. 27 (b) After review of the petition, the court shall endorse the petition if the court 28 finds probable cause to believe that the emergency eva luee [has]: 29 (1) (I) HAS shown the symptoms of a mental disorder ; OR 30 (II) MEETS THE CRITERIA UN DER § 10–622( A)(1)( II) OF THIS 31 SUBTITLE ; and 32 HOUSE BILL 1009 5 (2) [that the individual presents ] PRESENTS a danger to the life or safety 1 of the individual or of others. 2 (c) If the court does not find probable cause, the court shall indicate that fact on 3 the petition, and no further action may be taken under the petition. 4 10–632. 5 (a) Any individual propos ed for involuntary admission under Part III of this 6 subtitle shall be afforded a hearing to determine whether the individual is to be admitted 7 to a facility or a Veterans’ Administration hospital as an involuntary patient or released 8 without being admitted . 9 (b) The hearing shall be conducted within 10 days of the date of the initial 10 confinement of the individual. 11 (c) (1) The hearing may be postponed for good cause for no more than 7 days, 12 and the reasons for the postponement shall be on the record. 13 (2) A decision shall be made within the time period provided in paragraph 14 (1) of this subsection. 15 (d) The Secretary shall: 16 (1) Adopt rules and regulations on hearing procedures; and 17 (2) Designate an impartial hearing officer to conduct the hearings . 18 (e) The hearing officer shall: 19 (1) Consider all the evidence and testimony of record; and 20 (2) Order the release of the individual from the facility unless the record 21 demonstrates by clear and convincing evidence that at the time of the hearing ea ch of the 22 following elements exist as to the individual whose involuntary admission is sought: 23 (i) The individual [has]: 24 1. HAS a mental disorder; OR 25 2. MEETS THE CRITERIA UN DER § 10–622( A)(1)( II) OF 26 THIS SUBTITLE ; 27 (ii) The individual needs in –patient care or treatment; 28 6 HOUSE BILL 1009 (iii) The individual presents a danger to the life or safety of the 1 individual or of others; 2 (iv) The individual is unable or unwilling to be voluntarily admitted 3 to the facility; 4 (v) There is no available le ss restrictive form of intervention that is 5 consistent with the welfare and safety of the individual; and 6 (vi) If the individual is 65 years old or older and is to be admitted to 7 a State facility, the individual has been evaluated by a geriatric evaluation team and no 8 less restrictive form of care or treatment was determined by the team to be appropriate. 9 (f) The parent, guardian, or next of kin of an individual involuntarily admitted 10 under this subtitle: 11 (1) Shall be given notice of the hear ing on the admission; and 12 (2) May testify at the hearing. 13 (g) If a hearing officer enters an order for involuntary commitment under Part III 14 of this subtitle and the hearing officer determines that the individual cannot safely possess 15 a firearm based on credible evidence of dangerousness to others, the hearing officer shall 16 order the individual who is subject to the involuntary commitment to: 17 (1) Surrender to law enforcement authorities any firearms in the 18 individual’s possession; and 19 (2) Refrain from possessing a firearm unless the individual is granted relief 20 from firearms disqualification in accordance with § 5 –133.3 of the Public Safety Article. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2017. 23
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Health - Standards for Involuntary Admissions and Petitions for Emergency Evaluation - Modification
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Authorizing the creation of a State Debt not to exceed $50,000, the proceeds to be used as a grant to the Board of Directors of the Manna House, Incorporated for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Manna House, located in Baltimore City; providing for disbursement of the loan proceeds, subject to a requirement that the grantee provide and expend a matching fund; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $50,000, the 3 proceeds to be used as a grant to the Board of Directors of the Manna House, 4 Incorporated for certain development or improvement purposes; providing for 5 disbursement of the loan proceeds, subject to a requirement that the grantee provide 6 and expend a matching fund; establishing a deadline for the encumbrance or 7 expenditure of the loan proceeds; and providing generally for the issuance and sale 8 of bonds evidencing the loan . 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That: 11 (1) The Board of Public Works may borrow money and incur indebtedness on 12 behalf of the State of Maryland through a State loan to be known as the Baltimore 13 City – Manna House Loan of 2017 in a total principal amount equal to the lesser of (i) 14 $50,000 or (ii) the amount of the matching fund provided in accordance with Section 1(5) 15 below. This loan shall be evidenced by the issuance, sale, and delivery of State general 16 obligation bond s authorized by a resolution of the Board of Public Works and issued, sold, 17 and delivered in accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the State Finance 18 and Procurement Article. 19 (2) The bonds to evidence this loan or installments of this loan may be sold as a 20 single issue or may be consolidated and sold as part of a single issue of bonds under § 21 8–122 of the State Finance and Procurement Article. 22 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 23 first shall b e applied to the payment of the expenses of issuing, selling, and delivering the 24 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 25 the books of the Comptroller and expended, on approval by the Board of Public Works, for 26 the following public purposes, including any applicable architects’ and engineers’ fees: as a 27 2 HOUSE BILL 101 grant to the Board of Directors of the Manna House, Incorporated (referred to hereafter in 1 this Act as “the grantee”) for the acquisition, planning, design, construction, repair, 2 renovation, reconstruction, site improvement, and capital equipping of the Manna House, 3 located in Baltimore City. 4 (4) An annual State tax is imposed on all assessable property in the State in rate 5 and amount sufficient to pay the p rincipal of and interest on the bonds, as and when due 6 and until paid in full. The principal shall be discharged within 15 years after the date of 7 issuance of the bonds. 8 (5) Prior to the payment of any funds under the provisions of this Act for the 9 purpo ses set forth in Section 1(3) above, the grantee shall provide and expend a matching 10 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 11 from funds of the State, whether appropriated or unappropriated. No part of th e fund may 12 consist of real property, in kind contributions, or funds expended prior to the effective date 13 of this Act. In case of any dispute as to the amount of the matching fund or what money or 14 assets may qualify as matching funds, the Board of Public W orks shall determine the 15 matter and the Board’s decision is final. The grantee has until June 1, 2019, to present 16 evidence satisfactory to the Board of Public Works that a matching fund will be provided. 17 If satisfactory evidence is presented, the Board sha ll certify this fact and the amount of the 18 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 19 the matching fund shall be expended for the purposes provided in this Act. Any amount of 20 the loan in excess of the amount o f the matching fund certified by the Board of Public Works 21 shall be canceled and be of no further effect. 22 (6) The proceeds of the loan must be expended or encumbered by the Board of 23 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 24 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 25 amount of the unencumbered or unexpended authorization shall be canceled and be of no 26 further effect. If bonds have been issued for the loan, the amount of unexpended or 27 unencumbered bond proceeds shall be disposed of as provided in § 8 –129 of the State 28 Finance and Procurement Article. 29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30 1, 2017. 31
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Creation of a State Debt - Baltimore City - Manna House
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Requiring a specified credentialing entity to establish minimum standards requiring specified residents and employees of a certified recovery residence to submit to a urine test at a frequency and of a type determined by the credentialing entity; etc.
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the purpose of requiring a certain credential ing entity to establish minimum 3 standards requiring certain residents and employees of a certain recovery residence 4 to submit to a urine tes t at a certain frequency and of a certain type; requiring a 5 certain credentialing entity to establish minimum standards requiring certain 6 recovery residences to maintain a certain record; and generally relating to minim um 7 standards for urine testing of residents and employees of recovery residences. 8 BY repealing and reenacting, without amendments, 9 Article – Health – General 10 Section 19 –2501 11 Annotated Code of Maryland 12 (2015 Replacement Volume and 2016 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Health – General 15 Section 19 –2502 16 Annotated Code of Maryland 17 (2015 Replacement Volume and 2016 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Health – General 21 19–2501. 22 (a) In this subtitle the following words have the meanings indicated. 23 2 HOUSE BILL 1010 (b) “Certificate of compliance” means a certificate that is issued to a recovery 1 residence by a credentialing entity. 2 (c) “Certified recovery r esidence” means a recovery residence that holds a 3 certificate of compliance. 4 (d) “Credentialing entity” means a nonprofit organization that develops and 5 administers professional certification programs according to nationally recognized 6 certification stan dards. 7 (e) “Recovery residence” has the meaning stated in § 7.5 –101 of this article. 8 19–2502. 9 (a) The Department shall approve a credentialing entity to develop and 10 administer a certification process for recovery residences. 11 (b) The credentialing entity shall: 12 (1) Establish recovery residence certification requirements; 13 (2) ESTABLISH MINIMUM STA NDARDS REQUIRING : 14 (I) RESIDENTS AND EMPLOYE ES OF A CERTIFIED RECOVERY 15 RESIDENCE TO SUBMIT TO A URINE TEST AT A FREQUENCY AND OF A TYPE 16 DETERMINED BY THE CREDENTIALING ENTITY ; AND 17 (II) THE CERTIFIED RECOVERY RESID ENCE TO MAINTAIN A 18 RECORD , THAT WILL BE SUBJECT TO INSPECTION BY THE CREDENTIALING ENTITY , 19 OF ANY URINE TESTING SUPPLI ES PURCHASED BY THE CERTIFIED RECOVERY 20 RESIDENCE ; 21 (3) Establish processes to administer the application, certification, and 22 recertification process; 23 [(3)](4) Establish processes to monitor and inspect a recovery residence; 24 [(4)](5) Conduct an on –site inspection of a recovery residence: 25 (i) Before issuing a certificate of compliance; and 26 (ii) At least once during each certification renewal period; and 27 [(5)](6) Issue a certificate of compliance on approval of the application 28 process and th e inspection of the recovery residence. 29 HOUSE BILL 1010 3 (c) A certificate of compliance issued by the credentialing entity is valid for 1 year 1 from the date of issuance. 2 (d) The credentialing entity may revoke the certificate of compliance of a certified 3 recovery residence if the credentialing entity finds that the recovery residence is not in 4 compliance with the requirements established by the credentialing entity. 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2017. 7
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Health - Certified Recovery Residences - Urine Testing
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Requiring a notice of toll due to include notice of each video toll transaction that occurs during a 14-day period; requiring the Maryland Transportation Authority to send specified vehicle owners a notice of toll due within 14 days after a video toll is incurred; requiring a specified person to pay each video toll included in a specified notice; providing that failure to pay each video toll under a specified notice constitutes a toll violation; requiring a specified citation to contain specified information; etc.
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the purpose of requiring a certain notice of certain video tolls to include notice of each 3 video toll transaction that occur red during a certain period of time ; requiring the 4 Maryland Transportation Authority to send a registered owner of a motor vehicle 5 that incurs a video toll a notice of toll due with in a certain number of days after the 6 video toll is incurred; altering certain definition s; making certain conforming 7 changes; and generally relating to video tolls. 8 BY repealing and reenacting, with amendments, 9 Article – Transportation 10 Section 21 –1414 11 Annotated Code of Maryland 12 (2012 Replacement Volume and 2016 Supplement) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Article – Transportation 16 21–1414. 17 (a) (1) In this section the following words have the meanings indicated. 18 (2) “Authority” means the Maryland Transportation Authority. 19 (3) “Electronic toll collection” means a system in a toll collection facility 20 that is capable of collecting information from a motor vehicle for use in c harging tolls. 21 2 HOUSE BILL 1011 (4) “Notice of toll due” or “notice” means an administrative notice of [a] 1 EACH video toll transaction THAT OCCURRED DURING THE CONSECUTIVE 14–DAY 2 PERIOD BEFORE A NOTICE IS SENT UNDER SUBSECT ION (B) OF THIS SECTION . 3 (5) “Person alleged to be liable” means: 4 (i) The registered owner of a motor vehicle involved in a video toll 5 transaction; or 6 (ii) A person to whom a registered owner of a motor vehicle has 7 transferred liability for a video toll transaction in accordance with this se ction and the 8 regulations of the Authority. 9 (6) “Recorded image” means an image of a motor vehicle passing through a 10 toll collection facility recorded by a video monitoring system: 11 (i) On: 12 1. One or more photographs, micrographs, or electronic 13 images; 14 2. Videotape; or 15 3. Any other medium; and 16 (ii) Showing either the front or rear of the motor vehicle on at least 17 one image or portion of tape and clearly identifying the license plate number and state of 18 the motor vehicle. 19 (7) “Reg istered owner” means, with respect to a motor vehicle, the person 20 or persons designated as the registered owner in the records of the government agency that 21 is responsible for motor vehicle registration. 22 (8) “Toll collection facility” means any point on an Authority highway 23 where a toll is incurred and is required to be paid. 24 (9) “Toll violation” means the failure to pay [a] EACH video toll INCLUDED 25 IN A NOTICE OF TOLL DUE within the time prescribed by the Authority in a notice of toll 26 due. 27 (10) “Video monitoring system” means a device installed to work in 28 conjunction with a toll collection facility that produces a recorded image when a video toll 29 transaction occurs. 30 (11) “Video toll” means the amount assessed by the Authority when a video 31 toll t ransaction occurs. 32 HOUSE BILL 1011 3 (12) “Video toll transaction” means any transaction in which a motor vehicle 1 does not or did not pay a toll at the time of passage through a toll collection facility with a 2 video monitoring system. 3 (b) (1) Except as provided in subs ection (g) of this section, the registered owner 4 of a motor vehicle shall be liable to the Authority for payment of a video toll as provided for 5 in the regulations of the Authority. 6 (2) The Authority shall send the registered owner of a motor vehicle that 7 has incurred a video toll a notice of toll due WITHIN 14 DAYS AFTER A VIDEO T OLL IS 8 INCURRED . 9 (3) Except as provided in subsection (g) of this section, the person alleged 10 to be liable who receives a notice of toll due shall have at least 30 days to pay [the] EACH 11 video toll INCLUDED IN THE NOTI CE OF TOLL DUE . 12 (c) (1) Failure of the person alleged to be liable to pay [the] EACH video toll 13 under a notice of toll due by the date stated on the notice shall constitute a toll violation 14 subject to a civil citation and a civil penalty, which shall be assessed 15 days after the toll 15 violation occurs, as provid ed for in the regulations of the Authority. 16 (2) A registered owner of a motor vehicle shall not be liable for a civil 17 penalty imposed under this section if the operator of the motor vehicle has been convicted 18 of failure or refusal to pay a toll under § 21–1413 of this subtitle for the same violation AND 19 THE VIOLATION IS THE ONLY VIDEO TOLL INCLUDED IN THE NOTICE OF TOL L DUE . 20 (d) (1) The Authority or its duly authorized agent shall send a citation via 21 first–class mail, no later than 60 days after the to ll violation, to the person alleged to be 22 liable under this section. 23 (2) Personal service of the citation on the person alleged to be liable shall 24 not be required, and a record of mailing kept in the ordinary course of business shall be 25 admissible evide nce of the mailing of the notice of toll due and citation. 26 (3) A citation shall contain: 27 (i) The name and address of the person alleged to be liable under 28 this section; 29 (ii) The license plate number and state of registration of the motor 30 vehicle involved in [the video toll transaction ] EACH VIDEO TOLL TRAN SACTION ; 31 (iii) The location where [the] EACH video toll transaction took place; 32 (iv) The date and time of [the] EACH video toll transaction; 33 4 HOUSE BILL 1011 (v) The amount of [the] EACH video toll a nd the date it was due as 1 stated on the notice of toll due; 2 (vi) A copy of [the] EACH recorded image; 3 (vii) A statement that [the] A video toll INCLUDED IN A NOTICE OF 4 TOLL DUE was not paid before the civil penalty was assessed; 5 (viii) The amount of the civil penalty; and 6 (ix) The date by which [the] EACH video toll and THE civil penalty 7 must be paid. 8 (4) A citation shall also include: 9 (i) Information advising the person alleged to be liable under this 10 section of the manner and th e time in which liability alleged in the citation may be 11 contested; 12 (ii) The statutory defenses described in subsection (g) of this section 13 that were originally included in the notice of toll due; and 14 (iii) A warning that failure to pay [the] EACH video toll and THE civil 15 penalty, to contest liability in the manner and time prescribed, or to appear at a trial 16 requested is an admission of liability and a waiver of available defenses, and may result in 17 the refusal or suspension of the motor vehicle re gistration and referral for collection. 18 (5) A person alleged to be liable receiving the citation for a toll violation 19 under this section may: 20 (i) Pay [the] EACH video toll and the civil penalty directly to the 21 Authority; or 22 (ii) Elect to stand t rial for the alleged violation. 23 (6) (i) If the person alleged to be liable under this section fails to elect 24 to stand trial or to pay [the] EACH prescribed video toll and THE civil penalty within 30 25 days after mailing of the citation, or is adjudicated to be liable after trial, or fails to appear 26 at trial after having elected to stand trial, the Authority or its duly authorized agent may: 27 1. Collect [the] EACH video toll and the civil penalty by any 28 means of collection as provided by law; and 29 2. Notify the Administration of the failure to pay [the] A 30 video toll and civil penalty in accordance with § 27 –110 of this article. 31 HOUSE BILL 1011 5 (ii) No additional hearing or proceeding is required before the 1 Administration takes action with respect to the register ed vehicle of the owner under § 2 27–110 of this article. 3 (e) (1) A certificate alleging that a toll violation occurred and that [the] A video 4 toll payment was not received before the civil penalty was assessed, sworn to or affirmed 5 by a duly authorized agent of the Authority, based upon inspection of a recorded image and 6 electronic toll collection records produced by an electronic toll co llection video monitoring 7 system shall be evidence of the facts contained therein and shall be admissible in any 8 proceeding alleging a violation under this section without the presence or testimony of the 9 duly authorized agent who performed the requirement s under this section. 10 (2) The citation, including the certificate, shall constitute prima facie 11 evidence of liability for the toll violation and civil penalty. 12 (f) Adjudication of liability under this section: 13 (1) Shall be based upon a preponderanc e of evidence; 14 (2) May not be deemed a conviction of a registered owner of a motor vehicle 15 under the Motor Vehicle Code; 16 (3) May not be made part of the registered owner’s motor vehicle operating 17 record; and 18 (4) May not be considered in the provis ion of motor vehicle insurance 19 coverage. 20 (g) (1) If, at the time of a video toll transaction, a motor vehicle is operated by 21 a person other than the registered owner without the express or implied consent of the 22 registered owner, and if the registered ow ner by the date stated on the notice of toll due 23 provides the Authority or its duly authorized agent with a notarized admission by the 24 person accepting liability which shall include that person’s name, address, and driver’s 25 license identification number, t hen the person accepting liability shall be liable under this 26 section and shall be sent a notice of toll due. 27 (2) If the registered owner is a lessor of motor vehicles, and at the time of 28 the video toll transaction the motor vehicle involved was in the possession of a lessee, and 29 the lessor by the date stated on the notice of toll due provides the Authority or its duly 30 authorized agent with a copy of the lease agreement or other documentation acceptable to 31 the Authority identifying the lessee, including the person’s name, address, and driver’s 32 license identification number or federal employer identification number, then the lessee 33 shall be liable under this section and shall be sent a notice of toll due. 34 (3) If the motor vehicle involved in a video tol l transaction is operated using 35 a dealer or transporter registration plate, and at the time of the video toll transaction the 36 motor vehicle was under the custody and control of a person other than the owner of the 37 6 HOUSE BILL 1011 dealer or transporter registration plate, and if the owner of the dealer or transporter 1 registration plate by the date stated on the notice of toll due provides to the Authority or 2 its duly authorized agent a copy of the contractual agreement or other documentation 3 acceptable to the Authority iden tifying the person, including the person’s name, address, 4 and driver’s license identification number, who had custody and control over the motor 5 vehicle at the time of the video toll transaction, then that person and not the owner of the 6 dealer or transpor ter registration plate shall be liable under this section and shall be sent 7 a notice of toll due. 8 (4) If a motor vehicle or registration plate number is reported to a law 9 enforcement agency as stolen at the time of the video toll transaction, and the re gistered 10 owner by the date stated on the notice of toll due provides to the Authority or its duly 11 authorized agent a copy of the police report substantiating that the motor vehicle was stolen 12 at the time of the video toll transaction, then the registered o wner of the motor vehicle is 13 not liable under this section. 14 (h) Notwithstanding any other provision of law, until the Authority refers the 15 debt to the Central Collection Unit, the Authority may waive any portion of the video toll 16 due or civil penalty ass essed under this section. 17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October 1, 2017. 19
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Maryland Transportation Authority - Video Tolls - Notice of Toll Due
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Establishing the Task Force to Study Crime Classification and Penalties; providing for the composition, chair, and staffing of the Task Force; requiring the Task Force to study and make recommendations on specified issues related to the classification of and penalties for criminal and civil violations in the State; requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2018; etc.
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the purpose of establishing the Task Force to Study Crime Classification and 3 Penalties; providing for the composition, chair, and staffing of the Task Force; 4 prohib iting a member of the Task Force from receiving certain compensation, but 5 authorizing reimbursement of certain expenses; requiring the Task Force to study 6 certain issues related to the classification of and penalties for criminal and civil 7 violations in th e State; requiring the Task Force to report its findings to the Governor 8 and the General Assembly on or before a certain date; providing for the termination 9 of this Act; and generally relating to the Task Force to Study Crime Classification 10 and Penalties. 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That: 13 (a) There is a Task Force to Study Crime Classification and Penalties. 14 (b) The Task Force consists of the following members: 15 (1) three members of the Senate of Maryland, appointed by the President 16 of the Senate; 17 (2) three members of the House of Delegates, appointed by the Speaker of 18 the House; 19 (3) one member of the Judiciary, appointed by the Chief Judge of the Court 20 of Appeals; 21 (4) the Attorney General, or the Attorney General’s designee; 22 2 HOUSE BILL 10 12 (5) the Executive Director of the Maryland Sentencing Commission, or the 1 Executive Director’s designee; 2 (6) the Executive Director of the Governor’s Office of Crime Control and 3 Prevention, or the Executive Director’s desi gnee; 4 (7) the president of the Maryland State’s Attorneys’ Association, or the 5 president’s designee; 6 (8) an expert in the subject matter of criminal sentencing, appointed by the 7 president of the Maryland State’s Attorneys’ Association; 8 (9) the Pu blic Defender, or the Public Defender’s designee; 9 (10) an expert in the subject matter of criminal sentencing, appointed by the 10 Public Defender; and 11 (11) the chair of the Justice Reinvestment Oversight Board. 12 (c) The members of the Task Force shal l designate the chair of the Task Force. 13 (d) The Department of Legislative Services shall provide staff for the Task Force. 14 (e) A member of the Task Force: 15 (1) may not receive compensation as a member of the Task Force; but 16 (2) is entitled to reimbursement for expenses under the Standard State 17 Travel Regulations, as provided in the State budget. 18 (f) The Task Force shall: 19 (1) review the penalties for all criminal and civil violations throughout the 20 Maryland Code; 21 (2) study the history an d legislative intent of the classification of criminal 22 and civil violations throughout the Maryland Code, including the constitutional 23 implications and collateral consequences that arise as a result of classification; 24 (3) study criminal classifications and penalty schemes in other states and 25 how those classifications and schemes compare to those in the State; and 26 (4) make recommendations regarding the current statutory scheme for 27 criminal and civil violations throughout the Maryland Code, including: 28 (i) whether there are violations that should be reclassified; 29 HOUSE BILL 1012 3 (ii) whether there are penalties that should be altered; and 1 (iii) whether the State would benefit from imposition of a 2 standardized classification and penalty. 3 (g) On or before De cember 31, 2018, the Task Force shall report its findings and 4 recommendations to the Governor and, in accordance with § 2 –1246 of the State 5 Government Article, the General Assembly. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7 1, 2017. It shall remain effective for a period of 2 years and 1 month and, at the end of June 8 30, 2019, with no further action required by the General Assembly, this Act shall be 9 abrogated and of no further force and effect. 10
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Task Force to Study Crime Classification and Penalties
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Authorizing specified manufacturers of autonomous and connected (AV/CV) vehicles to establish a safe autonomous vehicle (SAVE) project authorizing the manufacturer to supervise the driving of AV/CV vehicles on highways in the State; requiring an AV/CV vehicle manufacturer to certify to the Motor Vehicle Administration that the AV/CV vehicles in its fleet under a SAVE project meet specified standards; establishing that an AV/CV vehicle may be driven on a highway only as part of a SAVE project; etc.
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the purpose of authorizing certain manufacturers of autonomous and connected 3 (AV/CV) vehicles to establish a safe autonomous vehicle (S AVE) project authorizing 4 the manufacture r to supervise the driving of AV/ CV vehicles on highways in the 5 State; establishing tha t this Act applies to certain AV/ CV vehicle manufacturers; 6 requiring an AV/ CV vehicle manufacturer to certify to the Motor Vehicle 7 Administration that the AV/CV vehicles in its fleet under a SAVE project meet 8 certain standards; authorizing an AV/ CV vehicle manufacturer to implement 9 multiple projects ; establishing that an AV/ CV vehicle may be driven on a hig hway in 10 the State only if the AV/ CV vehicle is prop erly titled and registered and is part of a 11 SAVE project; requiring an AV/ CV vehicle manufacturer to determine certain 12 geographical boundaries for a SAVE pro ject; providing for certain recordkeeping and 13 reporting requirements for a SAVE project; providing for the application of certain 14 provisions of the Maryland Vehicle Law to AV/ CV vehicles; establishing a certain 15 maximum penalty for a violation of this Act; providing for the registration 16 classification and a spec ial registration plate for an AV/ CV vehicle ; defining certain 17 terms and altering a certain definition ; and generally relating to the Safe 18 Autonomous Vehicle (SAVE) Act. 19 BY adding to 20 Article – Transportation 21 Section 11 –103.4, 11–103.5, 13–939.3 , and 21 –1130 22 Annotated Code of Maryland 23 (2012 Replacement Volume and 2016 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article – Transportation 26 Section 11 –135 27 Annotated Code of Maryland 28 (2012 Replacement Volume and 2016 Supplement) 29 2 HOUSE BILL 1013 BY repealing and reenacting, without amendments, 1 Article – Transportation 2 Section 13 –101.1 and 13 –402(a)(1) 3 Annotated Code of Maryland 4 (2012 Replacement Volume and 2016 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Transp ortation 8 11–103.4. 9 “AUTOMATED DRIVING SYS TEM” MEANS TECHNOLOGY INS TALLED ON A 10 MOTOR VEHICLE THAT , ON A PART –TIME OR FULL –TIME BASIS , DRIVE S THE VEHICLE 11 WITHOUT THE NEED FOR SUPERVISION BY OR THE PRESENCE OF AN INDIV IDUAL . 12 11–103.5. 13 “AUTONOMOUS AND CONNECTED VEHICLE ” AND “AV/CV VEHICLE ” MEAN A 14 MOTOR VEHICLE EQUIPPED WITH AN AUT OMATED DRIVING SYSTE M. 15 11–135. 16 (a) (1) “Motor vehicle” means, except as provided in subsection (b) of this 17 section, a vehicle that: 18 (i) Is self –propelled or propelled by electric power obtained from 19 overhead electrical wires; and 20 (ii) Is not operated on rails. 21 (2) “Motor vehicle” includes [a]: 22 (I) A low speed vehicle ; AND 23 (II) AN AV/CV VEHICLE . 24 (b) “Motor vehicle” does not include: 25 (1) A moped, as defi ned in § 11 –134.1 of this subtitle; 26 (2) A motor scooter, as defined in § 11 –134.5 of this subtitle; or 27 (3) An electric bicycle, as defined in § 11 –117.1 of this subtitle. 28 HOUSE BILL 1013 3 13–101.1. 1 Except as provided in § 13 –102 of this subtitle, the owner of each vehicle that is in 2 this State and for which the Administration has not issued a certificate of title shall apply 3 to the Administration for a certificate of title of the vehicle. 4 13–402. 5 (a) (1) Except as otherwise provided in this section or elsewhere in the 6 Maryland Vehicle Law, each motor vehicle, trailer, semitrailer, and pole trailer driven on 7 a highway shall be registered under this subtitle. 8 13–939.3. 9 (A) WHEN REGISTERED WITH THE ADMINISTRATION , EVERY AUTO NOMOUS 10 AND CONNECTED VEHICLE IS A CLASS S (AV/CV ) VEHICLE . 11 (B) FOR EACH CLASS S (AV/CV ) VEHICLE , THE ANNUAL REGISTRAT ION FEE 12 IS $50.50. 13 (C) THE ADMINISTRATION SHALL ISSUE A SPECIAL AV/CV VEHICLE 14 REGISTRATION PLATE O F THE SIZE AND DESIG N THAT THE ADMINISTRATION 15 DETERMINES . 16 21–1130. 17 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18 INDICATED . 19 (2) “AUTOMATIC CRASH NOTIF ICATION TECHNOLOGY ” MEANS A 20 VEHICLE SERVICE THAT INTEGRAT ES WIRELESS COMMUNICATI ONS AND VEHICLE 21 LOCATION TECHNOLOGY TO DETERMINE THE NEE D FOR OR FACILITATE 22 EMERGENCY MEDICAL OR L AW ENFORCEMENT RESPO NSE TO A VEHICLE CRA SH. 23 (3) “ON–DEMAND AUTOMATED MOT OR VEHICLE NETWORK ” MEANS A 24 DIGITAL NETWORK , SOFTWARE APPLICATION , OR OTHER MEANS TO CO NNECT 25 PASSENGERS TO AV/CV VEHICLES TO FACILITA TE TRANSPORTATION BETWE EN 26 POINTS SELECTED BY T HE PASSENGER . 27 (4) “PARTICIPATING FLEET ” MEANS THE AV/CV VEHICLES 28 OPERATING ON HIGHWAY S IN THE STATE AS PART OF A SAVE PROJECT 29 IMPLEMENTED BY AN AV/C V VEHICLE MANUFACTURER . 30 4 HOUSE BILL 1013 (5) “SAFE AUTONOMOUS VEHICLE PROJECT ” AND “SAVE PROJECT ” 1 MEAN A PROJECT UNDER WHICH ELIGIBLE MOTOR VEHIC LE MANUFACTURERS MAY 2 SUPERVISE THE DRIVIN G OF AV/CV VEHICLES ON HIGHWAYS IN THE STATE IN A 3 MANNER DETERMINED BY THE MANUFACTURER . 4 (6) “TWO–WAY VEHICLE COMMUNIC ATION TECHNOLOGY ” MEANS A 5 VEHICLE SERVICE PROV IDED THROUGH A WIREL ESS COMMUNICATION DE VICE 6 EMBEDDED IN A VEHICL E THAT ENABLES TWO –WAY COMMUNICATION BE TWEEN A 7 VEHICLE OCCUPANT AND THE VEHICLE MANUFACT URER . 8 (B) (1) THIS SECTION APPLIES TO AN AV/CV VEHICLE MANUFACTURER 9 THAT : 10 (I) MANUFACTURES AV/CV VEHICLES IN THE UNITED STATES 11 THAT COMPLY WITH FED ERAL LAW ; 12 (II) HAS OPERATED AV/CV VEHICLES USING A TEST DRIVER 13 AND WITH THE AUTOMATED DRIVING SY STEM ACTIVATED ON PUBLIC ROADS IN T HE 14 UNITED STATES FOR AT LEAST 1,000,000 MILES; AND 15 (III) HAS: 16 1. OBTAINED LIABILITY IN SURANCE , A SURETY BOND , 17 OR SELF –INSURANCE IN AN AMOU NT OF AT LEAST $10,000,000 ; AND 18 2. PROVIDED EVIDENCE OF THE LIABILITY INSURANCE , 19 SURETY BOND , OR SELF –INSURANCE TO THE ADMINISTRATION IN A F ORM AND 20 MANNER REQUIRED BY T HE ADMINISTRATION . 21 (2) AN AV/CV VEHICLE MANUFACTURER MAY EST ABLISH A SAVE 22 PROJECT . 23 (3) BEFORE AN AV/CV VEHICLE MANUFACTURER MAY IMPLEMENT A 24 SAVE PROJECT , THE MANUFACTURER SHA LL CERTIFY TO THE ADMINISTRATION 25 THAT : 26 (I) THE PARTICIPATING FLE ET IS OWNED OR CONTR OLLED BY 27 THE AV/CV VEHICLE MANUFACTURER ; 28 (II) EACH AV/CV VEHICLE IN THE PARTI CIPATING FLEET IS 29 EQUIPPED WITH : 30 1. AN AUTOMATED DRIVING SYSTEM ; 31 HOUSE BILL 1013 5 2. AUTOMATIC CRASH NOTIF ICATION TECHNOLOGY ; 1 3. AN ON–DEMAND AUTOMATED MOT OR VEHICLE 2 NETWORK ; 3 4. TWO–WAY VEHICLE COMMUNIC ATION TECHNOLOGY ; 4 AND 5 5. A DATA RECORDING SYSTE M THAT RECORDS : 6 A. THE STATUS OF THE AUT OMATED DRIVING SYSTE M; 7 AND 8 B. THE SPEED , DIRECTION , AND LOCATION OF THE 9 AV/CV VEHICLE FOR A SPECIF IED TIME PERIOD BEFORE A CRASH AS DETERMINE D 10 BY THE AV/CV VEHICLE MANUFACTURER ; 11 (III) EACH AV/CV VEHICLE IN THE PARTI CIPATING FLEET 12 COMPLIES WITH STATE AND FEDERAL LAW ; AND 13 (IV) EACH AV/CV VEHICLE IN THE PARTI CIPATING FLEET IS 14 CAPABLE OF BEING OPE RATED IN COMPLIANCE WITH THE MARYLAND VEHICLE 15 LAW. 16 (4) AN AV/C V VEHICLE MANUFACTURER MAY IMP LEMENT MORE 17 THAN ONE SAVE PROJECT . 18 (C) NOTWITHSTANDING ANY O THER PROVISION OF TH E MARYLAND 19 VEHICLE LAW, AN AV/CV VEHICLE MAY BE OPERA TED ON A HIGHWAY IN THE STATE 20 WITH THE AUTOMATED D RIVING SYSTEM ACTIVATED ONLY : 21 (1) IF THE AV/CV VEHICLE IS PROPERLY TITLED A ND REGISTERED ; 22 AND 23 (2) AS PART OF A SAVE PROJECT . 24 (D) (1) AN AV/CV VEHICLE MANUFACTURER MAY INITIATE A SAVE 25 PROJECT AT ANY TIM E AFTER THE MANUFACT URER : 26 (I) COMPLI ES WITH SUBSECTION (B)(3) OF THIS SECTION ; AND 27 6 HOUSE BILL 1013 (II) NOTIFIES THE ADMINISTRATION OF THE GEOGRAPHIC 1 BOUNDARIES FOR THE SAVE PROJECT . 2 (2) AN AV/CV VEHICLE MANUFACTURER SHALL DETERMINE THE 3 GEOGRAPHIC BOUNDARIE S FOR A SAVE PROJECT , WHICH MAY BE IN THE FORM OF : 4 (I) HIGHWAYS WITHIN A DES IGNATED AREA OF THE STATE ; 5 (II) A COUNTY OR MUNICIPALI TY; 6 (III) AREAS MAINTAINED BY R EGIONAL AUTHORITIES ; 7 (IV) CAMPUSES OF INSTITUT IONS OF HIGHER EDUCATION ; 8 (V) COMMUNITIES THAT CATER TO SENIOR CITIZENS ; OR 9 (VI) THE BOUNDARIES FOR AN Y OTHER SIMILAR GEOG RAPHIC 10 OR DEMOGRAPHIC AREA . 11 (3) AN AV/CV VEHICLE IN A PARTICI PATING FLEET MAY BE 12 OPERATED ONLY WITHIN T HE BOUNDARIES SELECT ED BY THE AV/CV VEHICLE 13 MANUFACTUR ER FOR THE SAVE PROJECT . 14 (4) (I) FOR THE DURA TION OF THE SAVE PROJECT , THE AV/CV 15 VEHICLE MANUFACTURER SHALL MAINTAIN CRASH AND SAFETY REC ORDS AND 16 PROVIDE QUARTERLY SU MMARIES OF THESE REC ORDS FOR THE PARTICIPATIN G 17 FLEET TO THE ADMINISTRATION AND THE NATIONAL HIGHWAY TRAFFIC SAFETY 18 ADMINISTRATION . 19 (II) AN INDIVIDUAL WHO PARTICIPATES IN A SAVE PROJECT IS 20 DEEMED TO HAVE CONSENT ED TO THE COLLECTION OF DATA WHILE THE 21 INDIVIDUAL IS IN AN AV/CV VEHICLE AS PART OF THE SAVE PROJECT AND TO THE 22 LATER DISSEMI NATION OF ANONYMIZED VERSIONS OF THE DATA TO TH E 23 ADMINISTRATION AND TH E NATIONAL HIGHWAY TRAFFIC SAFETY 24 ADMINISTRATION . 25 (III) AN AV/CV VEHICLE MANUFACTURER THAT IMPLEMENTS A 26 SAVE PROJECT SHALL PUBLIC LY DISCLOSE ITS DATA–HANDLING POLICIES AN D 27 PRACTICES IN CONNECT ION WITH THE SAVE PROJECT BEFORE IMPLEMENTING 28 AND FOR THE DURATION OF THE SAVE PROJECT . 29 HOUSE BILL 1013 7 (E) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH E MARYLAND 1 VEHICLE LAW, IF THE AUTOMATED DRIV ING SYSTEM OF AN AV/CV VEHICLE IN A 2 PARTICIPATING FLEET IS ACTIVATED : 3 (I) THE AUTOMATED DRIVING SYSTEM SHALL BE DEEMED TO 4 BE: 5 1. THE DRIVER OF THE AV/CV VEHICLE FOR THE 6 PURPOSE OF DETERMIN ING COMPLIANCE WITH THE MARYLAND VEHICLE LAW; AND 7 2. VALIDLY LICENSED TO D RIVE A MOTOR VEHICLE ON A 8 HIGHWAY IN THE STATE ; AND 9 (II) A LICENSED HUMAN DRIVE R DOES NOT NEED TO B E 10 PRESENT IN OR DRIVING THE AV/CV VEHICLE . 11 (2) AN AV/CV VEHICLE MANUFACTURER SHALL INSURE E ACH 12 VEHICLE IN A PARTICI PATING FLEET AS REQUIRED UNDER STATE LAW. 13 (3) AN AV/CV VEHICLE MANUFACTURER : 14 (I) IS LIABLE , IN ACCORDANCE WITH STATE LAW , FOR ALL 15 DAMAGES ARISING OUT OF INCID ENTS FOR W HICH THE AUTOMATED DRIVING 16 SYSTEM WAS ACTIVATED AND AT FAULT ; AND 17 (II) IS IMMUNE FROM LIABILITY FOR DAMAGE S THAT ARISE OUT 18 OF ANY MODIFICATION MADE BY ANOTHER PERS ON TO THE AV/CV VEHICLE OR A 19 SYSTEM OR COMPONENT OF THE AV/CV VEHICLE WITHOUT THE WRITTEN CONSENT 20 OF THE MANUFACTURER . 21 (4) AN AV/CV VEHICLE FOR WHICH TH E AUTOMATIC CRASH 22 NOTIFICATION TECHNOL OGY PROMPTLY CONNECT S A REPRESENTATIVE O F THE 23 AV/CV VEHICLE MANUFACTURER WITH THE APPROPRIATE LAW ENFORCEMENT 24 AGENCY TO REPORT A CRASH IS DEEMED IN COMPLIANCE WITH §§ 20–102 THROUGH 25 20–106 OF THIS ARTICLE . 26 (5) THE SEAT BELT AND CHI LD SAFETY SEAT REQUI REMENTS UNDER 27 §§ 22–412.2 AND 22–412.3 OF THIS ARTICLE APPL Y ONLY TO HUMAN OCCUPA NTS OF 28 AN AV/CV VEHICLE . 29 (6) THE PROHIBITIONS GOVE RNING UNATTENDED MOT OR VEHICLES 30 UNDER § 21–1101 OF THI S SUBTITLE DO NOT APPLY TO AN AV/CV VEHICLE . 31 8 HOUSE BILL 1013 (F) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION IS SUBJECT T O 1 A FINE NOT EXCEEDING $10,000. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 October 1, 2017. 4
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Vehicle Laws - Safe Autonomous Vehicle (SAVE) Act
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Allowing specified qualified family caregivers who provide care and support to specified qualified armed services members a credit against the State income tax; providing for the calculation of the credit; requiring a qualified family caregiver to submit specified documentation to qualify for the credit; making the credit refundable; applying the Act to taxable years beginning after December 31, 2016; etc.
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the purpose of allowing certain qualified family caregivers who provide care and 4 support to certain qualified armed services members a credit against the State 5 income tax under certain circumstances; providing for the calculation of the credit; 6 requiring a qualified family caregiver to submit certain documentation to qualify for 7 the credit; making the credit refundable; defining certai n terms; providing for the 8 application of this Act; and generally relating to an income tax credit for certain 9 qualified family caregivers of certain qualified armed services members. 10 BY adding to 11 Article – Tax – General 12 Section 10 –741 13 Annotated Code of Maryland 14 (2010 Replacement Volume and 2016 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Tax – General 18 10–741. 19 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE M EANINGS 20 INDICATED . 21 (2) “QUALIFIED ARMED SERVI CES MEMBER ” MEANS AN INDIVIDUAL 22 WHO : 23 2 HOUSE BILL 1014 (I) IS HONORABLY DISCHAR GED OR RELEASED UNDE R 1 HONORABLE CIRCUMSTAN CES FROM ACTIVE MILI TARY , NAVAL , OR AIR SERVICE AS 2 DEFINED IN 38 U.S.C. § 101; 3 (II) HAS A DISABIL ITY ARISING OUT OF A CTIVE SERVICE IN ANY 4 WAR OR CONFLICT ON O R AFTER SEPTEMBER 11, 2001; 5 (III) MEETS THE REQUIREMEN TS FOR TOTAL DISABIL ITY 6 RATINGS FOR COMPENSA TION BASED ON UNEMPL OYABILITY OF THE IND IVIDUAL AS 7 DETERMINED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ; AND 8 (IV) HAS RESIDED WITH A Q UALIFIED FAMILY CARE GIVER IN 9 THE STATE FOR NOT LESS TH AN 6 MONTHS OF THE TAXABL E YEAR . 10 (3) “QUALIFIED FAMILY CARE GIVER” MEANS AN INDIVIDUAL 11 RESIDENT OF THE STATE WHO : 12 (I) DURING THE TAXABLE YEAR , PROVIDES CARE AND SU PPORT 13 TO A QUALIFIED ARMED SERVICES MEMBER TO W HOM THE CAREGIVER IS A 14 RELATIVE ; AND 15 (II) FOR THE TAXABLE YEAR HAS FEDERAL ADJUSTED GROSS 16 INCOME NOT EXCEEDING : 17 1. $100,000, FOR SPOUSES FILING A JOINT RETURN OR 18 FOR A SURVIV ING SPOUSE OR HEAD O F HOUSEHOLD AS DEFIN ED IN § 2 OF THE 19 INTERNAL REVENUE CODE; OR 20 2. $50,000, FOR AN INDIVIDUAL OT HER THAN AN 21 INDIVIDUAL DESCRIBED IN ITEM 1 OF THIS ITEM . 22 (4) “RELATIVE ” MEANS AN INDIVIDUAL RELATED BY BLOOD OR 23 MARRIAGE WITHIN THE THIRD DEGREE OF CONSA NGUINITY . 24 (B) A QUALIFIED FAMILY CAR EGIVER MAY CLAIM A STATE INCOME TAX 25 CREDIT IN THE AMOUNT DETERMINED UNDER THI S SECTION IF , DURING THE 26 TAXABLE YEAR , THE QUALIFIED FAMILY CAREGIVER PROVIDES C ARE AND SUPPORT 27 TO A QUALIFIED ARMED SERV ICES MEMBER . 28 (C) FOR ANY TAXABLE YEAR , THE CREDIT UNDER THI S SECTION MAY NOT 29 EXCEED THE LESSER OF : 30 HOUSE BILL 1014 3 (1) 100% OF THE FEDERAL VETER AN DISABILITY COMPEN SATION OF 1 THE QUALIFIED ARMED SERVICES MEMBER FOR WHOM THE QUALIFIED F AMILY 2 CAREGIVER RENDERS CA RE; OR 3 (2) $675. 4 (D) IF TWO OR MORE QUALIF IED FAMILY CAREGIVER S QUALIFY FOR THE 5 CREDIT UNDER THIS SE CTION FOR THE SAME Q UALIFIED ARMED SERVI CES 6 MEMBER , THE AMOUNT OF THE CR EDIT ALLOWED SHALL B E ALLOCATED IN 7 PROPORTION TO EACH Q UALIFIED FAMILY CARE GIVER’S SHA RE OF TOTAL CARE 8 EXPENSES INCURRED DU RING THE TAXABLE YEA R. 9 (E) TO CLAIM THE CREDIT U NDER THIS SECTION , THE QUALIFIED FAMILY 10 CAREGIVER SHALL ATTA CH TO THE QUALIFIED FAMILY CAREGIVER ’S TAX RETURN 11 OR OTHERWISE FILE WITH THE COMPTROLLER : 12 (1) AN AFFIDAVIT THAT THE QUALIFIED F AMILY CAREGIVER HAS 13 PROVIDED CARE AND SU PPORT TO A QUALIFIED ARMED SERVICES MEMBE R FOR NOT 14 LESS THAN 6 MONTHS OF THE TAXABL E YEAR ; 15 (2) PROOF OF THE FEDERAL VETERAN DISABILITY C OMPENSATION 16 OF THE QUALIFIED ARM ED SERVICES MEMBER F OR W HOM THE QUALIFIED FA MILY 17 CAREGIVER RENDERED C ARE; AND 18 (3) PROOF OF THE QUALIFI ED FAMILY CAREGIVER ’S TOTAL CARE 19 EXPENSES INCURRED DU RING THE TAXABLE YEA R. 20 (F) IF THE CREDIT ALLOWED UNDER THIS SECTION I N ANY TAXABLE YEAR 21 EXCEEDS THE TOTAL IN COME TAX OTHERWISE PAYABLE BY THE QUALIFIED FAMILY 22 CAREGIVER FOR THAT T AXABLE YEAR , THE QUALIFIED FAMILY CAREGIVER MAY 23 RECEIVE A REFUND IN THE AMOUNT OF THE EX CESS . 24 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 1, 2017, and shall be a pplicable to all taxable years beginning after December 31, 2016. 26
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Income Tax - Credit for Qualified Family Caregivers of Qualified Armed Services Members
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Altering the penalty for specified violations of the prohibition against an adult knowingly and willfully allowing an individual under the age of 21 years to possess or consume an alcoholic beverage at a specified residence or within the curtilage of a specified residence; providing a penalty for a first offense of imprisonment not to exceed 1 year or a fine of up to $5,000 or both, or for a second or subsequent offense, maximum imprisonment of 2 years and a maximum fine of $7,500 or both; etc.
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the purpose of altering the penalty for certain violations of the prohibition against an 4 adult knowingly and willf ully allowing an individu al under a certain age to possess 5 or consume an alcoholic beverage at a certain residence or within the curtilage of a 6 certain residence ; repealing a prohibition against and certain penalties for 7 furnishing alcohol or allowing an individual under a certain age to possess or 8 consume alcohol if the violation involves certain circumstances ; and generally 9 relating to under age consumption of alcohol. 10 BY repealing and reenacting, without amendments, 11 Article – Criminal Law 12 Section 10–116 13 Annotated Code of Maryland 14 (2012 Replacement Volume and 2016 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Criminal Law 17 Section 10–117 and 10–121 18 Annotated Code of Maryland 19 (2012 Replacement Volume and 2016 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Criminal Law 23 10–116. 24 2 HOUSE BILL 1015 An individual may not obtain, or attempt to obtain by purchase or otherwise, an 1 alcoholic beverage from any person l icensed to sell alcoholic beverages for consumption by 2 another who the individual obtaining or attempting to obtain the beverage knows is under 3 the age of 21 years. 4 10–117. 5 (a) Except as provided in subsection (c) of this section, a person may not furni sh 6 an alcoholic beverage to an individual if: 7 (1) the person furnishing the alcoholic beverage knows that the individual 8 is under the age of 21 years; and 9 (2) the alcoholic beverage is furnished for the purpose of consumption by 10 the individual under the age of 21 years. 11 (b) Except as provided in subsection (c) of this section, an adult may not 12 knowingly and willfully allow an individual under the age of 21 years actually to possess 13 or consume an alcoholic beverage at a residence, or within the curti lage of a residence that 14 the adult owns or leases and in which the adult resides. 15 (c) (1) The prohibition set forth in subsection (a) of this section does not apply 16 if the person furnishing the alcoholic beverage and the individual to whom the alcoholic 17 beverage is furnished: 18 (i) are members of the same immediate family, and the alcoholic 19 beverage is furnished and consumed in a private residence or within the curtilage of the 20 residence; or 21 (ii) are participants in a religious ceremony. 22 (2) The prohibition set forth in subsection (b) of this section does not apply 23 if the adult allowing the possession or consumption of the alcoholic beverage and the 24 individual under the age of 21 years who possesses or consumes the alcoholic beverage: 25 (i) are members of the same immediate family, and the alcoholic 26 beverage is possessed and consumed in a private residence, or within the curtilage of the 27 residence, of the adult; or 28 (ii) are participants in a religious ceremony. 29 [(d) A person may not violate subsection (a) or (b) of this section if the violation 30 involves an individual under the age of 21 years who: 31 (1) the person knew or reasonably should have known would operate a 32 motor vehicle after consuming the alcoholic beverage; and 33 HOUSE BILL 1015 3 (2) as a resul t of operating a motor vehicle while under the influence of 1 alcohol or while impaired by alcohol, causes serious physical injury or death to the 2 individual or another. ] 3 10–121. 4 (a) This section does not apply to a person who: 5 (1) was acting in the ca pacity of a licensee, or an employee of a licensee, 6 under the Alcoholic Beverages Article; and 7 (2) has committed a violation of and is subject to the penalties under § 8 6–304, § 6–307, § 6–308, or § 6 –309 of the Alcoholic Beverages Article. 9 (b) (1) Except as provided in subsection (c) of this section, an adult who 10 violates § 10 –116 or [§ 10–117] § 10–117( A) of this subtitle is guilty of a misdemeanor and 11 on conviction is subject to: 12 [(1)] (I) a fine not exceeding $2,500 for a first offense; or 13 [(2)] (II) a fine not exceeding $5,000 for a second or subsequent offense. 14 (2) AN ADULT WHO VIOLATES § 10–117( B) OF THIS SUBTITLE IS 15 GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO : 16 (I) FOR A FIRST OFFENSE , IMPRISONMENT NOT EXC EEDING 1 17 YEAR OR A FINE NOT EXCEED ING $5,000 OR BOTH ; OR 18 (II) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT 19 NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $7,500 OR BOTH . 20 [(c) An adult who violates § 10 –117(d) of this subtitle is guilty of a misdemeanor 21 and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding 22 $5,000 or both. ] 23 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 October 1, 2017. 25
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Criminal Law - Allowing Underage Drinker at Residence to Possess or Consume Alcohol - Penalties
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Authorizing the creation of a State Debt not to exceed $200,000, the proceeds to be used as a grant to the Mayor and City Council of the City of Rockville for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the dairy barns at the King Farm Farmstead, located in Montgomery County; providing for disbursement of the loan proceeds, subject to a requirement that the grantee provide and expend a matching fund; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $200,000, the 4 proceeds to be used as a grant to the Mayor and City Council of the City of Rockville 5 for certain development or improvement purposes; providing for disbursement of the 6 loan proceeds, subject to a requirement that the grantee provide and expend a 7 matching fund; establishing a deadline f or the encumbrance or expenditure of the 8 loan proceeds; and providing generally for the issuance and sale of bonds evidencing 9 the loan. 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That: 12 (1) The Board of Public Works may borrow money and incur indebtedness on 13 behalf of the State of Maryland through a State loan to be known as the Montgomery 14 County – King Farm Farmstead Dairy Barns Loan of 2017 in a total principal amount equal 15 to the lesser of (i) $200,000 or (ii) the amount of the ma tching fund provided in accordance 16 with Section 1(5) below. This loan shall be evidenced by the issuance, sale, and delivery of 17 State general obligation bonds authorized by a resolution of the Board of Public Works and 18 issued, sold, and delivered in accord ance with §§ 8 –117 through 8 –124 and 8 –131.2 of the 19 State Finance and Procurement Article. 20 (2) The bonds to evidence this loan or installments of this loan may be sold as a 21 single issue or may be consolidated and sold as part of a single issue of bonds u nder § 22 8–122 of the State Finance and Procurement Article. 23 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 24 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 25 bonds, unless fund s for this purpose are otherwise provided, and then shall be credited on 26 the books of the Comptroller and expended, on approval by the Board of Public Works, for 27 2 HOUSE BILL 1016 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Mayor and City Council of the City of Rockville (referred to hereafter in this 2 Act as “the grantee”) for the acquisition, planning, design, construction, repair, renovation, 3 reconstruction, site improvement, and capital equipping of the dairy barns at the King 4 Farm Farmstead, including the installation of new roofs, located in Montgomery County. 5 (4) An annual State tax is imposed on all assessable property in the State in rate 6 and amount sufficient to pay the principal of and interest on the bonds, as and when due 7 and until paid in full. The principal shall be discharged within 15 years after the date of 8 issuance of the bonds. 9 (5) Prior to the payment of any funds under the provisions of this Act for the 10 purposes set forth in Section 1(3) ab ove, the grantee shall provide and expend a matching 11 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 12 from funds of the State, whether appropriated or unappropriated. No part of the fund may 13 consist of real prope rty, in kind contributions, or funds expended prior to the effective date 14 of this Act. In case of any dispute as to the amount of the matching fund or what money or 15 assets may qualify as matching funds, the Board of Public Works shall determine the 16 matter and the Board’s decision is final. The grantee has until June 1, 2019, to present 17 evidence satisfactory to the Board of Public Works that a matching fund will be provided. 18 If satisfactory evidence is presented, the Board shall certify this fact and the amo unt of the 19 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 20 the matching fund shall be expended for the purposes provided in this Act. Any amount of 21 the loan in excess of the amount of the matching fund certified by the Board of Public Works 22 shall be canceled and be of no further effect. 23 (6) The proceeds of the loan must be expended or encumbered by the Board of 24 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 25 authorized b y this Act remain unexpended or unencumbered after June 1, 2024, the 26 amount of the unencumbered or unexpended authorization shall be canceled and be of no 27 further effect. If bonds have been issued for the loan, the amount of unexpended or 28 unencumbered bond proceeds shall be disposed of as provided in § 8 –129 of the State 29 Finance and Procurement Article. 30 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 31 1, 2017. 32
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Creation of a State Debt - Montgomery County - King Farm Farmstead Dairy Barns
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Altering the standards and procedures applicable to the expungement of public driving records by the Motor Vehicle Administration; prohibiting the Administration from expunging specified driving record entries; and requiring the Administration to adopt specified regulations.
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the purpose of altering the standards and procedures applicable to the expungement 3 of public driving records by the Motor Vehicle Administration; prohibiting the 4 Administration from expunging certain driving record entries; requiring the 5 Administration to adopt certain regulations; and generally relating to the 6 expungement of driving records by the Motor Vehicle Administratio n. 7 BY repealing and reenacting, with amendments , 8 Article – Transportation 9 Section 16 –117.1 10 Annotated Code of Maryland 11 (2012 Replacement Volume and 2016 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Transportation 15 16–117.1. 16 (a) In this section, “criminal offense” does not include any violation of the 17 Maryland Vehicle Law. 18 (b) [Except as provided in subsections (c) and (e) of this section and in Subtitle 8 19 of this title, if a licensee applies for the expungement of the licensee’s public driving record, 20 the] THE Administration shall expunge the PUBLIC DRIVING record OF A LICENSEE if[, 21 at the time of application ]: 22 2 HOUSE BILL 1017 (1) [The licensee does not have charges pending for allegedly committing a 1 moving violation or a criminal offense involving a motor vehicle; and 2 (2) (i)] The licensee has not been convicted of a moving violation or a 3 criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’ s 4 license never has been suspended FOR REASONS RELATED TO DRIVER SAFETY , AS 5 DEFINED BY THE ADMINISTRATION , or revoked; 6 [(ii)] (2) The licensee has not been convicted of a moving violation 7 or a criminal offense involving a motor vehicle for the precedin g 5 years, and the licensee’s 8 record shows not more than one suspension FOR REASONS RELATED TO DRIVER SAFETY , 9 AS DEFINED BY THE ADMINISTRATION , and no revocations; or 10 [(iii)] (3) Within the preceding 10 years: 11 [1.] (I) The licensee has not been [convicted of nor been ] 12 granted probation before judgment for a violation of § 20 –102 or § 21 –902 of this article; 13 AND 14 [2. The licensee’s driving record shows no convictions from 15 another jurisdiction of a moving violation identical or substantially similar to § 20 –102 or 16 § 21–902 of this article; and 17 3.] (II) The licensee has not been convicted of any [other ] 18 moving violation or criminal offense involving a motor vehicle, regardless of the number of 19 suspensions or revocations. 20 (c) The Administ ration may refuse to expunge a driving record if it determines 21 that the individual requesting the expungement has not driven a motor vehicle on the 22 highways during the particular conviction –free period on which the request is based. 23 (d) [The Administrati on shall expunge from its driver record data base the 24 driving record of an individual or a probation before judgment disposition of an individual: 25 (1) Who has not been convicted of a moving violation or criminal offense 26 involving a motor vehicle for the preceding 3 years; 27 (2) Who has not been convicted of, or been granted probation before 28 judgment for: 29 (i) A violation of § 20 –102 of this article; 30 (ii) A violation of § 21 –902 of this article; or 31 (iii) A moving violation identical or substan tially similar to § 20 –102 32 or § 21 –902 of this article; and 33 HOUSE BILL 1017 3 (3) Whose license or privilege to drive never has been suspended or 1 revoked. 2 (e)] Notwithstanding any other provision of this section, the Administration may 3 not expunge [any]: 4 (1) ANY driving records before the expiration of the time they are required 5 to be retained under § 16 –819 of this title ; 6 (2) ANY DRIVING RECORD EN TRIES REQUIRED FOR A SSESSMENT OF 7 SUBSEQUENT OFFENDER PENALTIES ; AND 8 (3) ANY DRIVING RECORD EN TRIES RELATED TO A MOVING 9 VIOLATION OR AN ACCI DENT T HAT RESULTED IN THE DEATH OF ANOTHER PERSON . 10 (E) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO CARRY OUT 11 THIS SECTION . 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 October 1, 2017. 14
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Motor Vehicle Administration - Driving Records - Expungement
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Decreasing over a specified period of years the State corporate income tax rate from 8.25% to 6.25%.
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the purpose of altering over a certain period of years the State income tax rate on the 3 Maryland taxable income of corporations; and generally relating to the Maryland 4 corporate income tax. 5 BY repealing and reenacting, with amendments, 6 Article – Tax – General 7 Section 10 –105(b) 8 Annotated Code of Maryland 9 (2016 Replac ement Volume ) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Tax – General 13 10–105. 14 (b) The State income tax rate for a [corporation is 8.25% of Maryland taxable 15 income ] CORPORATION ’S MARYLAND TAXABLE INCO ME IS : 16 (1) FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 31, 2016, 17 BUT BEFORE JANUARY 1, 2018 , 8.25%; 18 (2) FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 31, 2017, 19 BUT BEFORE JANUARY 1, 2019 , 7.75%; 20 2 HOUSE BILL 1018 (3) FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 31, 2018, 1 BUT BEFORE JANUARY 1, 2020 , 7.25%; 2 (4) FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 31, 2019, 3 BUT BEFORE JANUARY 1, 2021 , 6.75%; AND 4 (5) FOR A TAXABLE YEAR B EGINNING AFTER DECEMBER 31, 2020 , 5 6.25% . 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect July 7 1, 2017 . 8
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Corporate Income Tax - Rate Reduction
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Authorizing the creation of a State Debt not to exceed $100,000, the proceeds to be used as a grant to the Mayor and Town Council of the Town of Riverdale Park for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of walkways, trails, and a public "Village Green" at Riverdale Park Station, located in Prince George's County; providing for disbursement of the loan proceeds, subject to a requirement that the grantee provide and expend a matching fund; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $ 100,000, the 3 proceeds to be used as a grant to the Mayor and Town Council of the Town of 4 Riverdale Park for certain development or improvement purposes; providing for 5 disbursement of the loan proceeds, subject to a requirement that the grantee provide 6 and expend a matching fund; establishing a deadline for the encumbrance or 7 expenditure of the loan proceeds; and providing generally for the issuance and sale 8 of bonds evidencing the loan. 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That: 11 (1) The Board of Public Works may borrow money and incur indebtedness on 12 behalf of the State of Maryland through a State loan to be known as the Prince George ’s 13 County – Riverdale Park Station Loan of 2017 in a total principal amount equal to the 14 lesser of (i) $ 100,000 or (ii) the amount of the m atching fund provided in accordance with 15 Section 1(5) below. This loan shall be evidenced by the issuance, sale, and delivery of State 16 general obligation bonds authorized by a resolution of the Board of Public Works and 17 issued, sold, and delivered in accor dance with §§ 8 –117 through 8 –124 and 8 –131.2 of the 18 State Finance and Procurement Article. 19 (2) The bonds to evidence this loan or installments of this loan may be sold as a 20 single issue or may be consolidated and sold as part of a single issue of bonds under § 21 8–122 of the State Finance and Procurement Article. 22 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 23 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 24 bonds, unless fun ds for this purpose are otherwise provided, and then shall be credited on 25 the books of the Comptroller and expended, on approval by the Board of Public Works, for 26 the following public purposes, including any applicable architects’ and engineers’ fees: as a 27 2 HOUSE BILL 1019 grant to the Mayor and Town Council of the Town of Riverdale Park (referred to hereafter 1 in this Act as “the grantee”) for the acquisition, planning, design, construction, repair, 2 renovation, reconstruction, site improvement, and capital equipping of walk ways, trails, 3 and a public “Village Green” at Riverdale Park Station, located in Prince George ’s County. 4 (4) An annual State tax is imposed on all assessable property in the State in rate 5 and amount sufficient to pay the principal of and interest on the bonds, as and when due 6 and until paid in full. The principal shall be discharged within 15 years after the date of 7 issuance of the bonds. 8 (5) Prior to the payment of any funds under the provisions of this Act for the 9 purposes set forth in Section 1(3) ab ove, the grantee shall provide and expend a matching 10 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 11 from funds of the State, whether appropriated or unappropriated. The fund may consist of 12 real property, in kin d contributions, or funds expended prior to the effective date of this 13 Act. In case of any dispute as to the amount of the matching fund or what money or assets 14 may qualify as matching funds, the Board of Public Works shall determine the matter and 15 the Boa rd’s decision is final. The grantee has until June 1, 2019, to present evidence 16 satisfactory to the Board of Public Works that a matching fund will be provided. If 17 satisfactory evidence is presented, the Board shall certify this fact and the amount of the 18 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 19 the matching fund shall be expended for the purposes provided in this Act. Any amount of 20 the loan in excess of the amount of the matching fund certified by the Board of Public Works 21 shall be canceled and be of no further effect. 22 (6) The proceeds of the loan must be expended or encumbered by the Board of 23 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 24 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 25 amount of the unencumbered or unexpended authorization shall be canceled and be of no 26 further effect. If bonds have been issued for the loan, the amount of unexpended or 27 unencumbered bond proceeds s hall be disposed of as provided in § 8–129 of the State 28 Finance and Procurement Article. 29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30 1, 2017. 31
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Creation of a State Debt - Prince George's County - Riverdale Park Station
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Establishing the Human Trafficking Awareness Pilot Program in Anne Arundel County; requiring the Anne Arundel County Board of Education, beginning in the 2018-2019 school year, in collaboration with the Department of Health and Mental Hygiene and the Governor's Office of Crime Control and Prevention, to provide awareness for all school-based personnel on human trafficking for 2 years; requiring the Department and the Governor's Office of Crime Control and Prevention to provide to the Board specified materials for distribution; etc.
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the purpose of establishing the Human Traffickin g Awareness Pilot Program in Anne 4 Arundel County; providing for the duration of the Program; requiring the Anne 5 Arundel County Board of Education, in collaboration with the Department of Health 6 and Mental Hygiene and the Governor’s Office of Crime Control and Prevention, to 7 provide awareness and training for all school –based personnel on human trafficking; 8 requiring the Department and the Governor’s Office of Crime Control and Prevention 9 to provide certain resource information and certain materials to the B oard; requiring 10 the Board to report on or before a certain date each year to certain committees of the 11 General Assembly; providing for the application of this Act; providing for the 12 termination of this Act; and generally relating to the Human Trafficking A wareness 13 Pilot Program and the Anne Arundel County Board of Education. 14 BY adding to 15 Article – Education 16 Section 7 –440 17 Annotated Code of Maryland 18 (2014 Replacement Volume and 201 6 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article – Education 22 7–440. 23 (A) THIS SECTION APPLIES ONLY IN ANNE ARUNDEL COUNTY . 24 2 HOUSE BILL 102 (B) (1) THERE IS A HUMAN TRAFFICKING AWARENESS PILOT PROGRAM . 1 (2) THE PILOT PROGRAM SHALL BEGIN I N THE 2018–2019 SCHOOL 2 YEAR AND LAST FOR 2 YEARS . 3 (C) THE ANNE ARUNDEL COUNTY BOARD OF EDUCATION , IN 4 COLLABORATION WITH T HE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND 5 THE GOVERNOR ’S OFFICE OF CRIME CONTROL AND PREVENTION , SHALL PROVIDE 6 AWARENESS AND TRAINI NG FOR ALL S CHOOL–BASED PERSONNEL ON H UMAN 7 TRAFFICKING . 8 (D) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE 9 GOVERNOR ’S OFFICE OF CRIME CONTROL AND PREVENTION SHALL PROV IDE TO 10 THE BOARD : 11 (1) RESOURCE INFORMATION ON HUMAN TRAFFICKING ; AND 12 (2) MATERIALS FOR D ISTRIBUTION THAT DES CRIBE LOCAL , STATE , 13 AND NATIONAL RESOURC ES TO WHICH SCHOOL –BASED PERSONNEL CAN REFER FOR 14 INFORMATION ON HUMAN TRAFFICKING . 15 (E) ON OR BEFORE JULY 1 EACH YEAR , THE ANNE ARUNDEL COUNTY 16 BOARD OF EDUCATION SHALL REPOR T TO THE SENATE EDUCATION , HEALTH , AND 17 ENVIRONMENTAL AFFAIRS COMMITTEE AND THE HOUSE COMMITTEE ON WAYS 18 AND MEANS , IN ACCORDANCE WITH § 2–1246 OF THE STATE GOVERNMENT 19 ARTICLE , ON THE EFFECTIVENESS OF THE HUMAN TRAFFICKING AWARENESS 20 PILOT PROGRAM . 21 SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect July 22 1, 201 7. It shall remain effective for a period of 3 years and, at the end of June 30, 20 20, 23 with no further action required by the General Assembly, this Act shall be abrogated and 24 of no further force and effect. 25
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Anne Arundel County Board of Education - Human Trafficking Awareness Pilot Program
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Increasing specified State income tax rate bracket thresholds for all taxable years beginning after December 31, 2016, by a specified cost-of-living adjustment.
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the purpose of altering certain State income tax rate bracket thresholds by a certain 4 cost–of–living adjustment; providing for the application of this Act; and generally 5 relating to a cost –of–living adjustment for certain income tax rate brackets. 6 BY repealing and reenacting, without amendments, 7 Article – Tax – General 8 Section 10 –105(a)(1)(iii) and (2)(iii) 9 Annotated Code of Maryland 10 (2016 Replac ement Volume ) 11 BY adding to 12 Article – Tax – General 13 Section 10 –105(e) 14 Annotated Code of Maryland 15 (2016 Replac ement Volume ) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Tax – General 19 10–105. 20 (a) (1) For an individual other than an individual described in paragraph (2) 21 of this subsection, the State income tax rate is: 22 2 HOUSE BILL 1020 (iii) 4% of Maryland taxable income of $2,001 through $3,000; 1 (2) For spouses filing a joint return or for a surviving spouse or head of 2 household as defined in § 2 of the Internal Revenue Code, the State income tax rate is: 3 (iii) 4% of Maryland taxable income of $2,001 through $3,000; 4 (E) (1) FOR EACH TAXABLE YEAR : 5 (I) THE TOP THRESHOLD FO R APPLICATION OF THE RATE 6 SPECIFIED IN SUBSECT ION (A)(1)(III) OF THIS SECTION SHAL L BE INCREASED BY 7 THE AMOUNT EQUAL TO THE PRODUCT OF MULTI PLYING THAT THRESHOL D TIMES 8 THE COST –OF–LIVING ADJUSTMENT SP ECIFIED IN THIS SUBS ECTION ; 9 (II) EACH RATE BRACKET TH RESHOLD SPECIFIED IN 10 SUBSECTION (A)(1)( IV) THROUGH (VIII) OF THIS SECTION SHAL L BE INCREASED BY 11 THE SAME DOLLAR AMOU NT AS THE INCREASE D ETERMINED UNDER ITEM (I) OF 12 THIS PARAGRAPH ; 13 (III) THE TOP THRESHOLD FO R APPLICATION OF THE RATE 14 SPECIFIED IN SUBSECT ION (A)(2)( III) OF THIS SECTION SHAL L BE INCREASED BY 15 THE AMOUNT EQUAL TO THE PRODUCT OF MULTI PLYING THAT THRESHOL D TIMES 16 THE COST –OF–LIVING ADJUSTMENT SP ECIFIED IN THIS SUBS ECTION ; AND 17 (IV) EACH RATE BRACKET TH RESHOLD SPECIFIED IN 18 SUBSECTION (A)(2)( IV) THROUGH (VIII) OF THIS SECTION SHAL L BE INCREASED B Y 19 THE SAME DOLLAR AMOU NT AS THE INCREASE D ETERMINED UNDER ITEM (III) OF 20 THIS PARAGRAPH . 21 (2) FOR PURPOSES OF THIS SUBSECTION , THE COST –OF–LIVING 22 ADJUSTMENT IS THE CO ST–OF–LIVING ADJUSTMENT WI THIN THE MEANING OF § 23 1(F)(3) OF THE INTERNAL REVENUE CODE FOR THE CALENDAR YEAR IN WHICH A 24 TAXABLE YEAR BEGINS , AS DETERMINED BY THE COMPTROLLER BY SUBSTITUTING 25 “CALENDAR YEAR 2017” FOR “CALENDAR YEAR 1992” IN § 1(F)(3)( B) OF THE 26 INTERNAL REVENUE CODE. 27 (3) IF ANY INCREASE DETER MINED UNDER PARAGRAP H (1) OF THIS 28 SUBSECTION IS NOT A MULTIPLE OF $50, THE INCREASE SHALL B E ROUNDED DOWN 29 TO THE NEXT LOWEST M ULTIPLE OF $50. 30 SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect July 31 1, 2017 , and shall be applicable to all taxable years b eginning after D ecember 31, 2016 . 32
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Taxpayer Protection Act - State Income Tax - Consumer Price Index Adjustments
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