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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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Reorganizing procurement by establishing a Chief Procurement Officer to control and oversee specified State procurement activity; providing for the appointment of the Chief Procurement Officer; renaming the Procurement Advisory Council as the Procurement Improvement Council; requiring the Council to advise the General Assembly on proposed legislation to enhance the efficiency and transparency of State procurement; transferring to the Department of General Services the authority of specified primary procurement units; etc.
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the purpose of reorganizing State procurement by establishing a Chief Procurement 3 Officer to control and oversee all State procurement activity for which certain 4 provisions of law apply; repealing the definition and role of primary procurement 5 units; r equiring a procurement by a unit to replace or supplement certain 6 energy –consuming equipment to be under the oversight of the Chief Procurement 7 Officer; requiring the Board of Public Works to ensure that regulations for State 8 procurement provide for proce dures that are consistent with certain provisions of 9 law; authorizing the Board to require Board approval for procurement actions of 10 more than a certain dollar amount; requiring the Chief Procurement Officer to retain 11 oversight of certain procurements that are conducted under certain authority or do 12 not require certain Board approval; requiring certain actions of the Board to prevail 13 if the action conflicts with the action of certain units; repealing the position of 14 Procurement Advisor, transferring the dut ies of the Procurement Advisor to the 15 Chief Procurement Officer, and clarifying certain duties; requiring the Chief 16 Procurement Officer to develop regulations to implement certain provisions of law, 17 delegate control of certain procurement activities to cer tain units, develop certain 18 metrics and implement strategic sourcing under certain circumstances, advise the 19 General Assembly on certain legislation, manage eMaryland Marketplace, 20 coordinate with certain governmental entities and certain local entities to maximize 21 use of certain intergovernmental cooperative purchasing agreements, and employ 22 certain staff in accordance with the State budget; requiring a certain reporting 23 requirement to include a summary of certain procurement activity; requiring the 24 Chief P rocurement Officer to consult with the Maryland Energy Administration 25 before issuing a request for proposals for an energy performance contract; 26 authorizing the Chief Procurement Officer to establish certain fees for eMaryland 27 Marketplace as approved by th e Board; requiring a unit to make small procurements 28 in accordance with regulations developed by the Chief Procurement Officer and 29 adopted by the Board; authorizing a unit to become a party or participate in an 30 intergovernmental cooperative purchasing agre ement if a certain determination is 31 2 HOUSE BILL 1021 made under the oversight of the Chief Procurement Officer; authorizing a unit to 1 seek bids for certain procurements by issuing an invitation for auction bids under 2 the oversight of the Chief Procurement Officer; authoriz ing a procurement officer to 3 award a procurement based on revised bids under certain circumstances and the 4 oversight of the Chief Procurement Officer; authorizing a unit under the oversight of 5 the Chief Procurement Officer to provide for prequalification o f certain persons for 6 procurement other than leases of real property; authorizing a unit to enter into 7 multi –year contracts subject to certain regulations developed by the Chief 8 Procurement Officer and approved by the Board; requiring that multi –year contr acts 9 be subject to review and approval by the Chief Procurement Officer; requiring 10 procurement contracts to include clauses covering certain termination by the State 11 if the head of a unit, under the oversight of the Chief Procurement Officer, 12 determines th at termination is appropriate; authorizing a unit under the oversight 13 of the Chief Procurement Officer to withhold certain payment under certain 14 circumstances; authorizing a unit, under the oversight of the Chief Procurement 15 Officer, to conduct procurement by electronic means as provided under certain 16 provisions of law; requiring a unit to submit a certain report to the Governor and 17 General Assembly within a certain period of time each fiscal year; requiring certain 18 protests or contract claims to be submitt ed within a certain time required under 19 certain regulations developed by the Chief Procurement Officer and adopted by the 20 Board; repealing provisions of law requiring certain jurisdiction and control by 21 certain units over certain types of procurement; repe aling provisions of law requiring 22 the adoption of certain regulations by certain units; repealing obsolete provisions of 23 law; altering certain definitions; requiring the Chief Procurement Officer to report 24 to the Governor and certain committees of the Gene ral Assembly on or before a 25 certain date; requiring the General Counsel to the Board and the Office of the 26 Attorney General to report to the Governor and certain committees of the General 27 Assembly on or before a certain date; requiring the Board and the De partment of 28 Budget and Management to review certain job titles, classifications, and 29 compensation for certain procurement –related positions and rename and reclassify 30 those positions for certain purposes subject to certain requirements on or before a 31 certai n date; requiring the Board, in consultation with the University System of 32 Maryland and the Maryland Department of Transportation, to report to the 33 Governor and the General Assembly on certain strategies to govern procurement 34 staff employed under independe nt personnel management systems; requiring the 35 Chief Procurement Officer to use certain staff and transfer certain staff, subject to 36 certain conditions, to assist in carrying out certain duties; stating the intent of the 37 General Assembly in relation to pro curement staff at certain State agencies; 38 providing for a delayed effective date for certain provisions of this Act; and generally 39 relating to State procurement. 40 BY repealing and reenacting, with amendments, 41 Article – State Finance and Procurement 42 Section 4 –801(g), 4 –804, 11 –101, 12 –101, 12 –102, 12 –105, 12 –110, 12 –301, 13 –101, 43 13–102.1, 13 –109, 13 –110, 13 –111, 13 –204, 13 –217, 13 –218, 13 –225, 13 –226, 44 15–111, 15 –216, and 15 –217 45 Annotated Code of Maryland 46 HOUSE BILL 1021 3 (2015 Replacement Volume and 2016 Supplement ) 1 BY repealing 2 Article – State Finance and Procurement 3 Section 12 –107 and 12 –108 4 Annotated Code of Maryland 5 (2015 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 fo llows: 8 Article – State Finance and Procurement 9 4–801. 10 (g) [“Primary procurement unit” ] “UNIT” has the meaning provided in § 11 –101 11 of this article. 12 4–804. 13 When a [primary procurement ] unit replaces or supplements a major item of 14 energy –consuming equipment in an existing building owned or leased by the State, the 15 procurement of the equipment shall be made : 16 (1) on the basis of a life –cycle cost analysis of alternatives in accordance 17 with standards established under § 4 –808 of this subtitle ; AND 18 (2) UNDER THE OVERSIGHT OF THE CHIEF PROCUREMENT OFFICER . 19 11–101. 20 (a) In this Division II the following words have the meanings indicated unless: 21 (1) the context clearly requires a different meaning; or 22 (2) a different definition is provided for a particular title or provision. 23 (b) (1) “Architectural services” means professional or creative work that: 24 (i) is performed in connection with the design and supervision of 25 construction or landscaping; and 26 (ii) requires architectural education, training, and experience. 27 (2) “Architectural services” includes consultation, research, investigation, 28 evaluation, planning, architectural design and preparation of related documents, and 29 4 HOUSE BILL 1021 coordination of services that structural, civil, mechanical, and electrical engineers and 1 other consultants provide. 2 (3) “Architectural services” does not include construction inspection 3 services, services provided in connection with an energy performance contract, or 4 structural, mechanical, plumbing, or electrical engineering. 5 (c) “Bid” means a response to an invitation for bids under § 13 –103 of this article. 6 (d) “Board” means the Board of Public Works. 7 (E) “CHIEF PROCUREMENT OFFICER” MEANS THE INDIVIDUAL APPOINTED 8 BY THE BOARD UNDER § 12–102 OF THIS ARTICLE . 9 [(e)] (F) (1) “Construction” means the process of building, altering, 10 improving, or demolishing an improvement to real property. 11 (2) “Construction” includes any major work necessary to repair, prevent 12 damage to, or sustain existing components of an improvement to real property. 13 (3) “Construction” does not include the maintenance or routine operation 14 of an existing improvement to real property, or activities related to an energy performance 15 contract. 16 [(f)] (G) (1) “Construction related services” means feasibility studies, 17 surveys, construction management, construction inspection, and similar efforts associated 18 with construction or the acquisition of public improvements as defined in § 4 –401(d) of this 19 article. 20 (2) “Construction related services ” does not include services provided in 21 connection with an energy performance contract. 22 [(g)] (H) “County” means a county of the State and, unless expressly provided 23 otherwise, Baltimore City. 24 [(h)] (I) “Energy performance contract” means an agreement for the provision 25 of energy services, including electricity, heating, ventilation, cooling, steam, or hot water, 26 in which a person agrees to design, install, finance, maintain, or manage energy systems 27 or equipment to improve the energy efficiency of a bui lding or facility in exchange for a 28 portion of the energy savings. 29 [(i)] (J) (1) “Engineering services” means professional or creative work that: 30 (i) is performed in connection with any utility, structure, building, 31 machine, equipment, or process, in cluding structural, mechanical, plumbing, electrical, 32 geotechnical, and environmental engineering; and 33 HOUSE BILL 1021 5 (ii) requires engineering education, training, and experience in the 1 application of special knowledge of the mathematical, physical, and engineering sciences. 2 (2) “Engineering services” includes consultation, investigation, evaluation, 3 planning, design, and inspection of construction to interpret and ensure compliance with 4 specifications and design within the scope of inspection services. 5 (3) “Engineering services” does not include services provided in connection 6 with an energy performance contract. 7 [(j)] (K) “Invitation for bids” means any document used for soliciting bids under 8 § 13–103 of this article. 9 [(k)] (L) “Person” means an individual , receiver, trustee, guardian, personal 10 representative, fiduciary, or representative of any kind and any partnership, firm, 11 association, corporation, or other entity. 12 [(l) “Primary procurement units” means: 13 (1) the State Treasurer; 14 (2) the Department of Budget and Management; 15 (3) the Department of General Services; 16 (4) the Department of Transportation; 17 (5) the Department of Information Technology; 18 (6) the University System of Maryland; 19 (7) the Maryland Port Commission; 20 (8) the Department of Public Safety and Correctional Services; 21 (9) the Morgan State University; and 22 (10) the St. Mary’s College of Maryland. ] 23 (m) (1) “Procurement” means the process of: 24 (i) leasing real or personal property as lessee; or 25 (ii) buying or otherwise obtaining supplies, services, construction, 26 construction related services, architectural services, engineering services, or services 27 provided under an energy performance contract. 28 6 HOUSE BILL 1021 (2) “Procurement” includes the solicitation and award of procurement 1 contracts and all phases of procurement contract administration. 2 (n) (1) “Procurement contract” means an agreement in any form entered into 3 by a unit for procurement. 4 (2) “Procurement contract” does not include: 5 (i) a collective bar gaining agreement with an employee 6 organization; 7 (ii) an agreement with a contractual employee, as defined in § 8 1–101(d) of the State Personnel and Pensions Article; 9 (iii) a Medicaid, Judicare, or similar reimbursement contract for 10 which law sets: 11 1. user or recipient eligibility; and 12 2. price payable by the State; or 13 (iv) a Medicaid contract with a managed care organization, as 14 defined in § 15 –101(e) of the Health – General Article as to which regulations adopted by 15 the Department es tablish: 16 1. recipient eligibility; 17 2. minimum qualifications for managed care organizations; 18 and 19 3. criteria for enrolling recipients in managed care 20 organizations. 21 (o) “Procurement officer” means an individual authorized by a unit to: 22 (1) enter into a procurement contract; 23 (2) administer a procurement contract; or 24 (3) make determinations and findings with respect to a procurement 25 contract. 26 (p) “Proposal” means a response to any solicitation other than an invitation for 27 bids. 28 (q) “Request for proposals” means any document used for soliciting proposals. 29 HOUSE BILL 1021 7 (r) “Responsible bidder or offeror” means a person who: 1 (1) has the capability in all respects to perform fully the requirements for 2 a procurement contract; and 3 (2) posses ses the integrity and reliability that will ensure good faith 4 performance. 5 (s) “Responsive bid” means a bid that: 6 (1) is submitted under § 13 –103 of this article; and 7 (2) conforms in all material respects to the invitation for bids. 8 (t) (1) Excep t as provided in paragraph (3) of this subsection, “services” 9 means: 10 (i) the labor, time, or effort of a contractor; and 11 (ii) any product or report necessarily associated with the rendering 12 of a service. 13 (2) “Services” includes services provided by attorneys, accountants, 14 physicians, consultants, and other professionals who are independent contractors. 15 (3) “Services” does not include: 16 (i) construction related services; 17 (ii) architectural services; 18 (iii) engineering services; or 19 (iv) energy performance contract services. 20 (u) “State” means: 21 (1) a state, possession, territory, or commonwealth of the United States; or 22 (2) the District of Columbia. 23 (v) (1) “State correctional facilities” means correctional institutions, and all 24 places of correctional confinement, that are located within the State of Maryland and are 25 primarily operated by the Maryland State government. 26 (2) “State correctional facilities” includes Patuxent Institution. 27 8 HOUSE BILL 1021 (w) (1) “Supplies” means: 1 (i) insurance; 2 (ii) tangible personal property; 3 (iii) printing; and 4 (iv) services necessarily associated with insurance or tangible 5 personal property. 6 (2) “Supplies” does not include: 7 (i) an interest in real property; or 8 (ii) tangible personal property acquired or used in connection with 9 an energy performance contract. 10 (x) (1) “Unit” means an officer or other entity that is in the Executive Branch 11 of the State government and is authorized by law to enter into a procurement contract. 12 (2) “Unit” does not include: 13 (i) a bistate, multistate, bicounty, or multicounty governmental 14 agency; or 15 (ii) a special tax district, sanitary district, drainage district, soil 16 conservation district, water supply district, or other political subd ivision of the State. 17 12–101. 18 (a) This section does not apply to capital expenditures by the Department of 19 Transportation or the Maryland Transportation Authority, in connection with State roads, 20 bridges, or highways, as provided in § 12 –202 of this tit le. 21 (b) (1) The Board may control procurement by units. 22 (2) To implement the provisions of this Division II, the Board may: 23 (i) set policy; 24 (ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 25 State Government Article; and 26 (iii) establish internal operational procedures consistent with this 27 Division II. 28 HOUSE BILL 1021 9 (3) The Board shall ensure that the regulations [of the primary ] FOR 1 STATE procurement [units ] provide for procedures that are consistent with this Division 2 II and Title 13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent 3 the circumstances of a particular type of procurement or a particular unit do not require 4 otherwise, a re substantially the same. 5 (4) The Board may : 6 (I) delegate any of its authority that it determines to be appropriate 7 for delegation ; and [may] 8 (II) require prior Board approval for [specified ] procurement actions 9 OF $500,000 OR MORE . 10 (5) THE CHIEF PROCUREMENT OFFICER SHALL RETAIN OVERSIGHT 11 OF A PROCUREMENT : 12 (I) CONDUCTED UNDER AUTH ORITY DELEGATED IN 13 ACCORDANCE WITH PARA GRAPH (4)(I) OF THIS SUBSECTION ; OR 14 (II) THAT DOES NOT REQUIR E BOARD APPROVAL UNDER 15 PARAGRAPH (4)(II) OF THIS SUBSECTI ON. 16 [(5)] (6) Except as limited by the Maryland Constitution OR ANOTHER 17 PROVISION OF LAW , the Board may exercise any control authority conferred on a [primary 18 procurement ] unit by this Division II and, to the extent that its action conflicts with the 19 action of the [primary procurement ] unit, the action of the Board shall prevail. 20 [(6)] (7) The Board, with the assistance of the Department of Budget and 21 Management, shall compile comprehensive statistics on the procurement system by agency, 22 amount, and t ype of procurement. 23 [(7)] (8) The Board shall develop and submit to the General Assembly, in 24 accordance with § 2 –1246 of the State Government Article, an annual report on the 25 procurement system that includes information on actions necessary to improve e ffective 26 broad –based competition in procurement. 27 12–102. 28 (a) (1) The Board shall appoint a CHIEF Procurement [Advisor ] OFFICER , 29 who serves at the pleasure of the Board. 30 (2) The CHIEF Procurement [Advisor ] OFFICER shall: 31 10 HOUSE BILL 1021 (i) CONTROL AND OVERSEE ALL STATE PROCUREMENT 1 ACTIVITY FOR WHICH T HIS DIVISION II APPLIES ; 2 (II) ensure that the State’s procurement system is utilizing the most 3 advanced procurement methods and management techniques , INCLUDING POLICIES , 4 PROCEDURES , AND FORMS FOR ALL PR OCUREME NT ACTIVITY AND CONT RACT 5 MANAGEMENT ; 6 (III) DEVELOP REGULATIONS TO IMPLEMENT THE PRO VISIONS 7 OF THIS DIVISION II FOR ADOPTION BY THE BOARD UNDER § 12–101( B)(2)( II) OF 8 THIS SUBTITLE ; 9 (IV) WHILE RETAINING OVER SIGHT , DELEGATE CONTROL OF 10 PROCUREMENT ACTI VITY TO UNITS WITH E XPERTISE IN SPECIFIE D TYPES OF 11 PROCUREMENT ; 12 (V) DEVELOP PERFORMANCE METRICS FOR STATE 13 PROCUREMENT AND IMPL EMENT STRATEGIC SOUR CING WHEN APPROPRIAT E; 14 [(ii)] (VI) effect and enhance communication between State units on 15 procurement matters, with an emphasis on disseminating information on current 16 developments and advances in the management of the State procurement system; 17 [(iii)] (VII) examine all procurements that are subject to review by the 18 Board and make recommendations to t he Board as to the appropriateness of each 19 procurement, with an emphasis on whether the proposed procurement: 20 1. has been competitively conducted; and 21 2. conforms to provisions of procurement law, procurement 22 regulations, and best management prac tices; 23 [(iv)] (VIII) prevent and detect fraud, waste, and abuse and foster 24 competition in the expenditure of State funds in the procurement of supplies, services, or 25 construction; 26 [(v)] (IX) conduct investigations into procurement policies, 27 practic es, and procedures, as appropriate; 28 [(vi)] (X) investigate complaints made by State employees 29 concerning fraud, waste, and abuse in the procurement process and any alleged violation 30 of the procurement law or regulations; 31 [(vii)] (XI) investigate complaints, other than formal bid protests 32 filed under Title 15, Subtitle 2 of this article, made by contractors and other interested 33 HOUSE BILL 1021 11 parties concerning fraud, waste, and abuse in the procurement process and any alleged 1 violation of the procure ment law or regulations; 2 [(viii)] (XII) if apparent criminal violations are found in the course of 3 an investigation, report findings to the Board of Public Works, Office of the Attorney 4 General, United States Attorney, and State or local prosecutors, a s appropriate; 5 [(ix)] (XIII) if other apparent violations of law or regulation are found 6 in the course of an investigation, report findings to the Board of Public Works, the 7 appropriate agency head, and any other appropriate body for administrative action; 8 [(x)] (XIV) produce and submit to the Board of Public Works and the 9 General Assembly, in accordance with § 2 –1246 of the State Government Article, an annual 10 report of the activities of the CHIEF Procurement [Advisor ] OFFICER , including: 11 1. all findings and recommendations for improvements to the 12 procurement system; [and] 13 2. the identification of barriers to effective broad –based 14 competition in State procurement and recommendations for the elimination of these 15 barriers; AND 16 3. A SU MMARY AND DESCRIPTIO N OF ALL 17 PROCUREMENT ACTIVITY CONDUCTED BY UNITS D URING THE PRECEDING FISCAL 18 YEAR ; 19 [(xi)] (XV) assist agencies and the public with questions regarding 20 procurement policy; 21 [(xii)] (XVI) establish policies for the effective traini ng of State 22 procurement officials to ensure that the State’s procurement system is utilizing the most 23 advanced procurement methods and management techniques; 24 [(xiii)] (XVII) coordinate activities with other entities performing 25 similar functions; 26 [(xiv)] (XVIII ) review internal audit reports and comment as 27 appropriate; 28 [(xv)] (XIX) be the principal staff to the Procurement Advisory 29 Council; [and] 30 [(xvi)] (XX) notify the Legislative Auditor when the CHIEF 31 Procurement [Advisor ] OFFICER undertakes an investigation under item [(vi)] (X) or 32 [(vii)] (XI) of this paragraph ; 33 12 HOUSE BILL 1021 (XXI) ADVISE THE GENERAL ASSEMBLY ON PROPOSED 1 LEGISLATION IN ORDER TO ENHANCE THE EFFIC IENCY AND TRANSPAREN CY OF 2 STATE PROCUREMENT ; 3 (XXII) MANAGE E MARYLAND MARKE TPLACE ; 4 (XXIII ) COORDINATE WITH GOVE RNMENTAL ENTITIES AN D 5 LOCAL ENTITIES TO MA XIMIZE USE OF INTERG OVERNMENTAL PURCHASI NG 6 AGREEMENTS ESTABLISH ED IN ACCORDANCE WIT H § 13–110 OF THIS ARTICLE ; AND 7 (XXIV ) SUPERVISE STATE PROCUREMENT ON PROCUREMENT 8 MATT ERS IN ACCORDANCE WI TH THE STATE BUDGET AND EMPLOY A STAFF TO 9 ASSIST IN CARRYING O UT THE DUTIES OF THE CHIEF PROCUREMENT OFFICER . 10 (3) The CHIEF Procurement [Advisor ] OFFICER shall: 11 (i) have access to all books, accounts, records, reports, any materi al 12 related to contracts and procurement, and all other papers and equipment necessary to 13 carry out its responsibilities; and 14 (ii) have direct and prompt access to all heads of agencies involved 15 in the expenditure of public funds. 16 (b) (1) (i) The Boar d shall appoint a General Counsel, who serves at the 17 pleasure of the Board. 18 (ii) The General Counsel shall be an attorney in this State. 19 (2) The General Counsel shall: 20 (i) provide independent legal advice to the Board; 21 (ii) examine all procurements that are subject to review by the Board 22 and make recommendations to the Board as to the legal sufficiency of the procurements, 23 with an emphasis on whether the proposed procurement has been competitively conducted; 24 (iii) assist the CHIEF Procurement [Advisor ] OFFICER in 25 investigations undertaken by the CHIEF Procurement [Advisor ] OFFICER ; 26 (iv) assist the CHIEF Procurement [Advisor ] OFFICER in 27 responding to complaints made by State employees, contractors, and other interested 28 parties concerning fraud, waste, and abuse in the procurement process or any alleged 29 violation of the procurement law and regulations; 30 HOUSE BILL 1021 13 (v) compile information for d istribution to State procurement 1 officials relating to recent decisions of the Maryland State Board of Contract Appeals and 2 State and federal courts concerning procurement, including any policy or legal guidance to 3 the procurement officials based on these decisions; and 4 (vi) review regulations proposed by the Board for legality and 5 approve them for proposal and adoption. 6 (3) The General Counsel shall: 7 (i) have access to all books, accounts, records, any material related 8 to contracts and procureme nt, and all other papers and equipment necessary to carry out 9 its responsibilities; and 10 (ii) have direct and prompt access to all heads of agencies involved 11 in the expenditure of public funds. 12 (c) In accordance with the State budget, the Board may ap point any additional 13 staff necessary to carry out its responsibilities under this Division II. 14 12–105. 15 (a) In this section, “Council” means the Procurement Advisory Council. 16 (b) There is a Procurement Advisory Council. 17 (c) (1) The Council consists of the following 11 members: 18 (i) the State Treasurer; 19 (ii) the Chancellor of the University System of Maryland; 20 (iii) the Secretary of Budget and Management; 21 (iv) the Secretary of General Services; 22 (v) the Secretary of Information Techn ology; 23 (vi) the Secretary of Transportation; 24 (vii) the Secretary of the Board; 25 (viii) the Special Secretary for the Office of Minority Affairs; 26 (ix) a representative of local government who has expertise in local 27 procurement matters, appoin ted by the Governor with the advice and consent of the Senate; 28 and 29 14 HOUSE BILL 1021 (x) two members of the general public, at least one of whom has 1 expertise in State procurement matters, appointed by the Governor with the advice and 2 consent of the Senate. 3 (2) (i) If the State Treasurer is unable to attend a meeting of the 4 Procurement Advisory Council, the Treasurer may designate the Deputy Treasurer to 5 attend the meeting. 6 (ii) If a member of the Council listed in paragraph (1)(ii) through (v) 7 of this subsection is unable to attend a meeting of the Procurement Advisory Council, the 8 member may designate the Chief Procurement Officer of the agency to attend the meeting. 9 (d) The Secretary of the Board is Chairman of the Council. 10 (e) The Council shall meet at least quarterly each year. 11 (f) The CHIEF Procurement [Advisor ] OFFICER is the principal staff of the 12 Council and the Council shall have any additional staff that the Board authorizes in 13 accordance with the State budget. 14 (g) The Council shall: 15 (1) ensure that the State’s procurement system is utilizing the most 16 advanced procurement methods and management techniques; 17 (2) effect and enhance communication between State units on procurement 18 matters, with an emphasis on disseminating information on curr ent developments and 19 advances in procurement methods and management; 20 (3) provide a forum for the discussion of specific procurement issues and 21 problems that arise; 22 (4) advise the Board on problems in the procurement process and make 23 recommendations f or improvement of the process; and 24 (5) review existing procurement regulations to: 25 (i) determine whether they fulfill the intent and purpose of the law, 26 especially as it relates to fostering broad –based competition; and 27 (ii) make recommendations on the regulations, if revising and 28 restructuring them will result in easier understanding and use. 29 [12–107. 30 HOUSE BILL 1021 15 (a) This section does not apply to capital expenditures by the Department of 1 Transportation or the Maryland Transportation Authority, in connec tion with State roads, 2 bridges, or highways, as provided in § 12 –202 of this title. 3 (b) Subject to the authority of the Board, jurisdiction over procurement is as 4 follows: 5 (1) the State Treasurer may engage in or control procurement of banking 6 and financial services, insurance, and insurance services, as provided in Division I of this 7 article and Article VI, § 3 of the Maryland Constitution; 8 (2) the Department of Budget and Management may control procurement 9 of: 10 (i) services by a unit, subjec t to any limitation in this Division II; 11 and 12 (ii) leases of motor vehicles, as provided in Title 3, Subtitle 5 of this 13 article; 14 (3) the Department of General Services may engage in or control 15 procurement of: 16 (i) leases of real property, includin g leases under Title 4, Subtitle 3 17 of this article; 18 (ii) supplies, including supplies under Title 4, Subtitle 3 of this 19 article, but excluding insurance, information processing equipment, and motor vehicle 20 leases; 21 (iii) construction, including cons truction under Title 4, Subtitle 4 of 22 this article; 23 (iv) construction related services, including those under Title 4, 24 Subtitle 4 of this article; and 25 (v) architectural or engineering services under Title 13, Subtitle 3 of 26 this article; 27 (4) the Department of Transportation and the Maryland Transportation 28 Authority, without the approval of any of the other primary procurement units, may engage 29 in the procurement of: 30 (i) construction that is related to transportation, as provided in the 31 Transpo rtation Article; 32 16 HOUSE BILL 1021 (ii) construction related services that are related to transportation, 1 as provided in the Transportation Article; 2 (iii) architectural or engineering services that are related to 3 transportation, under Title 13, Subtitle 3 of this ar ticle; 4 (iv) rolling stock and other property peculiar to the operation of a 5 transit system, as provided in § 7 –403 of the Transportation Article; 6 (v) supplies for aeronautics related activities, including motor 7 vehicles and information processing supplies, but excluding: 8 1. supplies funded by the proceeds from State general 9 obligation bonds; and 10 2. insurance; and 11 (vi) services for aeronautics related activities, including information 12 processing services, but excluding banking and fina ncial services under the authority of the 13 State Treasurer under item (1) of this subsection; 14 (5) the Maryland Port Commission, without the approval of any of the 15 other primary procurement units, may engage in the procurement of: 16 (i) supplies for por t related activities, including motor vehicles and 17 information processing supplies, but excluding: 18 1. supplies funded by the proceeds from State general 19 obligation bonds; and 20 2. insurance; 21 (ii) services for port related activities, including information 22 processing services, but excluding banking and financial services under the authority of the 23 State Treasurer under item (1) of this subsection; 24 (iii) construction and construction related services for a port facility 25 as defined in § 6 –101(e ) of the Transportation Article; 26 (iv) port related architectural and engineering services under Title 27 13, Subtitle 3 of this article; and 28 (v) leases of real property for port related activities unless the lease 29 payments are from the General Fund of the State; 30 (6) the Department of Public Safety and Correctional Services may, 31 without the approval of any of the other primary procurement units: 32 HOUSE BILL 1021 17 (i) engage in the procurement of construction and construction 1 related services for State correctional facilities; and 2 (ii) engage in the procurement of supplies, materials, and equipment 3 in support of construction and construction related services for State correctional facilities 4 in accordance with this Division II and Title 2 and Title 10, Subtitle 1 of the Correctional 5 Services Article; and 6 (7) the Department of Information Technology may control procurement of: 7 (i) information processing equipment and associated services, as 8 provided in Title 3A, Subtitle 3 of this article; and 9 (ii) telecommunication equipment, systems, or services, as provided 10 in Title 3A, Subtitle 4 of this article. ] 11 [12–108. 12 (a) This section does not apply to capital expenditures by the Department of 13 Transportation or the Maryland Transportation Authority, in connec tion with State roads, 14 bridges, or highways, as provided in § 12 –202 of this title. 15 (b) Subject to the approval of the Board and under the coordination of the 16 Governor, each of the primary procurement units shall: 17 (1) adopt regulations to carry out th is Division II; 18 (2) send to the Board a copy of each proposed regulation under item (1) of 19 this subsection; and 20 (3) send to the Board a copy of each internal operating procedure that the 21 primary procurement unit adopts. ] 22 12–110. 23 (a) (1) In this se ction the following words have the meanings indicated. 24 (2) “Council” means the Council for the Procurement of Health, 25 Educational, and Social Services. 26 (3) “Health, educational, and social services” means services procured to 27 provide or assist in providing: 28 (i) support, care, or shelter to third –party clients under a contract; 29 or 30 18 HOUSE BILL 1021 (ii) training to third –party clients under a contract. 1 (4) “Task Force Report” means the report entitled “Task Force Report to 2 the Governor and the General Asse mbly on Procurement of Health, Education and Social 3 Services by State Agencies” that was issued on November 30, 2011, by the Task Force to 4 Study the Procurement of Health, Education, and Social Services by State Agencies. 5 (b) There is a Council for the P rocurement of Health, Educational, and Social 6 Services. 7 (c) (1) The Council consists of the following members: 8 (i) the State Treasurer; 9 (ii) the Attorney General; 10 (iii) the CHIEF Procurement [Advisor ] OFFICER ; 11 (iv) the State Superintenden t of Schools; 12 (v) the Secretary of Budget and Management; 13 (vi) the Secretary of Juvenile Services; 14 (vii) the Secretary of Human Resources; 15 (viii) the Secretary of Health and Mental Hygiene; 16 (ix) the Director of the Governor’s Grants Office; 17 (x) the Executive Director of the Governor’s Office of Crime Control 18 and Prevention; 19 (xi) the Executive Director of the Governor’s Office for Children; 20 (xii) the Special Secretary for the Office of Minority Affairs; 21 (xiii) four repr esentatives of private organizations with experience 22 providing human services funded by contracts through State units, appointed by the 23 Governor; 24 (xiv) a member of the Senate, appointed by the President of the 25 Senate; and 26 (xv) a member of the House of Delegates, appointed by the Speaker 27 of the House. 28 HOUSE BILL 1021 19 (2) (i) If the State Treasurer is unable to attend a meeting of the 1 Council, the Treasurer may designate a Deputy Treasurer to attend the meeting. 2 (ii) If a member of the Council listed in paragr aph (1)(ii) through (xii) 3 of this subsection is unable to attend a meeting of the Council, the member may designate 4 the Chief Procurement Officer or another senior management staff member of the agency 5 or organization to attend the meeting. 6 (3) (i) This paragraph applies to members of the Council appointed 7 under paragraph (1)(xiii) of this subsection. 8 (ii) On or after July 1, 2014, the term of a member is 4 years. 9 (iii) The terms of members are staggered as required by the terms 10 provided for memb ers of the Council on July 1, 2014. 11 (iv) At the end of a term, a member continues to serve until a 12 successor is appointed and qualifies. 13 (v) A member who is appointed after a term has begun serves only 14 for the rest of the term and until a successor is appointed and qualifies. 15 (vi) A member may not serve more than two consecutive terms, 16 except that a member appointed before July 1, 2014, may serve one additional 4 –year term 17 when the member’s current term expires. 18 (vii) The Governor may remove a member for neglect of duty, 19 incompetence, or misconduct. 20 (d) The CHIEF Procurement [Advisor ] OFFICER is the Chair of the Council. 21 (e) The Council shall meet at least twice each year. 22 (f) The staffing responsibilities of the Council shall be shared by: 23 (1) the agencies represented on the Council; and 24 (2) additional staff that the Board authorizes in accordance with the State 25 budget. 26 (g) The Council shall: 27 (1) advise the Board on specific steps necessary to implement the 28 recommendations of the Task Force Report; 29 (2) monitor and report to the Board the progress of implementation of the 30 recommendations in the Task Force Report; 31 20 HOUSE BILL 1021 (3) establish subcommittees or working committees consisting of members 1 of the Council and interested parties to address or study specific issues; 2 (4) with regard to the procurement of health, educational, and social 3 services: 4 (i) effect and enhance communication between State units on 5 procurement matters, with an emphasis on disseminating information on current 6 developments and advances in procurement methods and management; 7 (ii) provide a forum for the discussion of specific procurement issues 8 and problems that arise; 9 (iii) advise the Board on problems in the procurement process and 10 make recommen dations for improvement to the procurement process; and 11 (iv) review existing procurement regulations to determine whether 12 they fulfill the intent and purpose of the law, especially as the law relates to fostering 13 broad –based competition and making effe ctive use of State funds for the delivery of health, 14 educational, and social services; and 15 (5) on or before December 31 of each year, report to the General Assembly, 16 in accordance with § 2 –1246 of the State Government Article, on the Council’s activitie s 17 and recommendations regarding the procurement of health, educational, and social services 18 by State agencies. 19 12–301. 20 (a) (1) Before issuing a request for proposals for an energy performance 21 contract, [a primary procurement unit ] THE CHIEF PROCUREMENT OFFICER shall 22 consult with the Maryland Energy Administration. 23 (2) The Maryland Energy Administration shall review the proposed 24 request to ensure that it meets with the State energy standards, preserves the State’s 25 flexibility to investigate and use eco nomically justifiable new technologies, and is in 26 conformance with the unit’s energy conservation plan that has been developed in 27 accordance with § 4 –806 of this article. 28 (b) (1) Notwithstanding any other provision of law and subject to the approval 29 and control of the Board of Public Works AND THE CHIEF PROCUREMENT OFFICER , a 30 [primary procurement ] unit of State government is authorized to enter into energy 31 performance contracts of up to 15 years’ duration. 32 (2) The Treasurer may enter into a capital lea se to finance energy 33 performance contracts as provided in Title 8, Subtitle 4 of this article. 34 HOUSE BILL 1021 21 (3) The payments and the total contract amount due under an energy 1 performance contract or, in the case of a capital lease used to finance energy performance 2 contracts, the capital lease payments may not exceed the actual energy savings realized as 3 a result of the contract’s performance. 4 (4) (i) Before approval of an energy performance contract, the Board: 5 1. shall ensure that the projected annual energ y savings 6 attributable to the project will exceed the projected annual capital lease payments or 7 payments to the contractor under the contract; and 8 2. based on the review of the Maryland Energy 9 Administration, shall determine whether the proposed energy technology is appropriate for 10 the time period provided in the contract. 11 (ii) The Board may: 12 1. authorize the use of incentive contracts, including 13 contracts that guarantee energy savings performance; and 14 2. require prospective contract ors to furnish appropriate 15 guarantees to ensure that projected savings are realized. 16 (iii) Any guarantees required under subparagraph (ii) of this 17 paragraph may include a requirement that the contractor furnish a bond or other assurance 18 to the State in an appropriate amount to guarantee projected performance and that the 19 bond or other assurance be structured so that a failure to meet guaranteed performance 20 savings will forfeit a portion of the bond or other assurance to match the shortfall in energy 21 savings. 22 13–101. 23 (a) In this subtitle the following words have the meanings indicated. 24 (b) “eMaryland Marketplace” means the Internet –based procurement system 25 managed by the [Department of General Services ] CHIEF PROCUREMENT OFFICER . 26 (c) “Evaluated bid price” means the price of a bid after adjustment in accordance 27 with objective measurable criteria. 28 (d) (1) “Objective measurable criteria” means standards that enable the State 29 to compare the economy, effectiveness, or value of the subject of the bids. 30 (2) “Objective measurable criteria” includes standards of reliability, 31 operational costs, maintainability, useful life, and residual value. 32 13–102.1. 33 22 HOUSE BILL 1021 (a) A unit may not charge a fee to access eMaryland Marketplace. 1 (b) (1) [The Department of Budget and Management ] AS APPROVED BY THE 2 BOARD OF PUBLIC WORKS , THE CHIEF PROCUREMENT OFFICER may establish fees 3 for the use of eMaryland Marketplace by an entity that publishes a notice of a procurement, 4 conducts a procurement, or publishes a notice of award. 5 (2) The [Department of Budget and Management ] CHIEF 6 PROCUREMENT OFFICER may not charge a unit, as defined in § 11 –101(x) of this article, 7 a fee under this subsection. 8 13–109. 9 (a) In this section, “small procurement” means a procurement for which: 10 (1) a unit spends $25,000 or less; 11 (2) a contractor provides services subject to § 11 –202(3) of this article for 12 expected annual revenues of $25,000 or less; or 13 (3) the Department of General Services is seeking to award a procurement 14 contract for a c onstruction with a value that is $50,000 or less. 15 (b) A unit may make small procurements in accordance with [the] regulations [of 16 primary procurement units ] DEVELOPED BY THE CHIEF PROCUREMENT OFFICER AND 17 ADOPTED BY THE BOARD . 18 (c) A [primary procurement ] unit may not create a small procurement by 19 artificial division of a procurement. 20 (d) Any regulation [of a primary procurement unit to govern ] DEVELOPED BY 21 THE CHIEF PROCUREMENT OFFICER FOR small procurements: 22 (1) shall provide for a simplified administrative procedure; 23 (2) shall be consistent with the basic intent of this Division II; and 24 (3) may not be disadvantageous economically to the State. 25 (e) At least every 3 years, the Board shall: 26 (1) review the prevailing costs of labor and materials; and 27 (2) if warranted by changes in cost, recommend to the General Assembly 28 appropriate adjustments in the ceiling for a small procurement. 29 HOUSE BILL 1021 23 13–110. 1 (a) (1) In this section the following words have the meanings indicated. 2 (2) “Cooperative entity” means one or more State or local entities that enter 3 into an agreement for the cooperative or joint administration of programs. 4 (3) “Governmental entity” means: 5 (i) the federal government or an agency or other instrumentality of 6 the federal government; 7 (ii) another state or an agency or other instrumentality of another 8 state; 9 (iii) a bistate or multistate agency; 10 (iv) a county, municipal corporation, or other political subdivision of 11 the State or of another state, or an agency or other instrumentality of the political 12 subdivision; 13 (v) a bicounty or multicounty agency; 14 (vi) a [primary procurement ] unit; or 15 (vii) an affiliation, alliance, consortium, or group composed solely of 16 governmental entities that is established f or purposes of promoting intergovernmental 17 cooperative purchasing. 18 (4) “Intergovernmental cooperative purchasing agreement” means a 19 contract: 20 (i) 1. entered into by at least one governmental entity and a 21 person selected in a manner that is consistent with the purposes set forth under § 11 –201 22 of this article; 23 2. that is available for use by the governmental entity 24 entering the contract and at least one additional governmental entity which may, but need 25 not be, an original party to the c ontract; and 26 3. that is intended to promote efficiency and savings that can 27 result from intergovernmental cooperative purchasing; or 28 (ii) between a [primary procurement ] unit and a person who, at the 29 time the intergovernmental cooperative purchasi ng agreement is awarded, has a contract 30 with the federal government or an agency or other instrumentality of the federal 31 24 HOUSE BILL 1021 government, and who agrees to provide the unit with identical prices, terms, and conditions 1 as stipulated in the federal contract. 2 (5) (i) “Local entity” means a county, municipal corporation, bicounty 3 or multicounty agency, public authority, special taxing district, or other political 4 subdivision or unit of a political subdivision of this State. 5 (ii) “Local entity” includes boards of education and library boards 6 that receive funding from the State. 7 (6) “Not –for–profit entity” means a corporation incorporated in the State, 8 or otherwise qualified to do business in the State that has been determined by the Internal 9 Revenue Service to be exempt from taxation under § 501(c)(3), (4), or (6) of the Internal 10 Revenue Code. 11 (7) “State entity” means a department, board, commission, agency, or a 12 subunit in the Executive branch of State government. 13 (b) (1) Subject to § 12 –107 of this art icle, whenever a [primary procurement 14 unit] procurement officer OF A UNIT determines that it is in the best interest of the State 15 to sponsor or participate in an intergovernmental cooperative purchasing agreement, with 16 the approval of the unit head , OVERSI GHT BY THE CHIEF PROCUREMENT OFFICER , 17 and subject to any other approval required by law, the [primary procurement ] unit may 18 become a party to or participate under the agreement. 19 (2) A determination under this subsection shall be in writing and include 20 a statement that the intergovernmental cooperative purchasing agreement: 21 (i) will provide cost benefits to the State, promote administrative 22 efficiencies, or promote intergovernmental cooperation; and 23 (ii) is not intended to evade the purposes of th is Division II. 24 (3) If a [primary procurement ] unit sponsors an intergovernmental 25 cooperative purchasing agreement: 26 (i) the contract shall be awarded in the same manner as the contract 27 would be awarded under this Division II if the unit was the sole participant under the 28 contract; and 29 (ii) all procedures under this Division II, including procedures 30 governing contract claims and protests, shall apply. 31 (4) If a [primary procurement ] unit participates in an intergovernmental 32 cooperative purchasin g agreement, any protest or contract claim involving the agreement 33 shall be handled in accordance with the terms of the agreement. 34 HOUSE BILL 1021 25 (c) (1) Except as provided in paragraph (2) of this subsection, each 1 procurement contract for supplies or services entered into by a State or local entity shall 2 include a provision that facilitates other State and local entities and not –for–profit entities 3 to participate in the contract. 4 (2) (i) This subsection does not apply to: 5 1. a procurement for a capital facility , improvement, or other 6 unique purchase; or 7 2. a procurement with a projected value of less than 8 $100,000. 9 (ii) This subsection does not apply if the State or local entity 10 determines that including the provision would: 11 1. undermine the desire d timing or effect of the procurement; 12 2. interfere with the State or local entity’s ability to meet: 13 A. the minority business enterprise goals provided under § 14 14–302 of this article or any other minority business enterprise program sponsored by the 15 local entity; or 16 B. the Small Business Reserve Program requirements under 17 § 14–502 of this article or any other small business procurement program sponsored by the 18 local entity; or 19 3. not be in the best interest of the entity. 20 (d) (1) A State or local entity may enter into an agreement for the cooperative 21 or joint administration of programs with one or more other State or local entities. 22 (2) A cooperative entity established under this section may administer the 23 programs and exercise th e powers and duties specifically delegated to the cooperative entity 24 by the agreement that established the cooperative entity. 25 (3) An agreement described under this subsection does not relieve a State 26 or local entity or other participant of the agreemen t from any obligation or responsibility 27 imposed on the entity by law. 28 (e) Notwithstanding any other law, a local entity may participate in an existing 29 State or local contract drafted in accordance with this section, if the governing body of the 30 entity de termines that participation would: 31 (1) provide a cost savings in purchase price or administrative burden; or 32 26 HOUSE BILL 1021 (2) further other policy goals including operational and energy –efficiency 1 goals related to the purchase, operation, or maintenance of the su pply or service. 2 13–111. 3 (a) This section applies to the procurement of supplies, with an estimated contract 4 value of $1,000,000 or more, by a [primary procurement ] unit. 5 (b) (1) Whenever the head of a [primary procurement ] unit or designee 6 determines that it is in the best interest of the State for a procurement contract to be based 7 on auction bids, a procurement officer shall seek bids by issuing an invitation for auction 8 bids UNDER THE OVERSIGHT OF THE CHIEF PROCUREMENT OFFICER . 9 (2) Subject to su bsection (c) of this section, an invitation for auction bids 10 shall include: 11 (i) the specifications of the procurement contract; 12 (ii) whether the procurement contract will be awarded based on the 13 lowest bid price or the lowest evaluated bid price; 14 (iii) if the procurement contract will be based on evaluated bid price, 15 the objective measurable criteria by which the lowest evaluated bid price will be 16 determined; 17 (iv) the small business preference, if designated under § 13 –103 of 18 this subtitle; and 19 (v) the date and time when bidding will commence and the date and 20 time when bidding will end or the event upon which bidding will end. 21 (c) (1) In the discretion of the procurement officer, the invitation for auction 22 bids may: 23 (i) include a request for unpriced technical offers or samples; 24 (ii) direct bidders to submit price bids after the unit evaluates the 25 technical offers or samples and finds they are acceptable under the criteria set forth in the 26 invitation for auction bids; and 27 (iii) inform all bidders who submitted technical offers or samples of 28 the identity of each bidder who submitted an acceptable technical offer or sample. 29 (2) Price bids may not be received until after the unit has completed 30 evaluation of the technical off ers or samples. 31 HOUSE BILL 1021 27 (3) A price bid may not be received at any time if the bid is submitted by a 1 bidder whose technical offer or sample has been evaluated as unacceptable to the unit. 2 (d) A unit shall give public notice of an invitation for auction bids i n the same 3 manner as required for an invitation for bids. 4 (e) (1) (i) Multiple price bids are permitted in response to an invitation for 5 auction bids. 6 (ii) When a bidder submits multiple bids, each bid shall be judged 7 independently and shall not revo ke previous bids of that bidder. 8 (2) A procurement officer shall: 9 (i) receive bids in public at the time and place designated in the 10 invitation for auction bids; and 11 (ii) record and post the amount of each bid at the time it is received. 12 (3) (i) The amount of a price bid shall be available for public inspection 13 from the time it is received. 14 (ii) The identity of the bidder submitting a price bid shall not be 15 available for public inspection until bidding has ended. 16 (4) Except as provided in paragraph (5) of this subsection, a bid is 17 irrevocable, after receipt, for the period specified in the invitation for auction bids. 18 (5) A procurement officer may allow a bidder to correct or withdraw a bid 19 if correction or withdrawal is: 20 (i) allowed under regulations adopted under this Division II 21 applicable to an invitation for bids; and 22 (ii) approved in writing by the Office of the Attorney General. 23 (f) (1) After obtaining any approval required by law, the procurement officer 24 shall award t he procurement contract to the responsible bidder who submits the responsive 25 bid that: 26 (i) is the lowest bid price; or 27 (ii) if the invitation for auction bids so provides, is the lowest 28 evaluated bid price. 29 (2) If, after bids have been received, a procurement officer determines that 30 only one responsible bidder has submitted a responsive bid, the unit may negotiate the 31 28 HOUSE BILL 1021 procurement contract with that one bidder under the procedure for sole source 1 procurement. 2 (3) (i) After bids have been receive d, a procurement officer may award 3 a procurement contract on the basis of revised bids if: 4 1. all bids are rejected under § 13 –206(b) of this title; 5 2. all bid prices exceed the funds available for the 6 procurement; or 7 3. with the approval of the head of a [primary procurement ] 8 unit or a designee AND UNDER THE OVERSI GHT OF THE CHIEF PROCUREMENT 9 OFFICER , the procurement officer determines that all bids are unreasonable as to at least 10 one requirement and the delay that would result from issuing a new invitation for auction 11 bids with revised specifications or quantities would be fiscally disadvantageous or 12 otherwise not in the best interests of the State. 13 (ii) If there is more than one bidder, discussions about revised 14 specifications or quantities shall be conducted with all responsible bidders who submitted 15 responsive bids. The bidders shall be treated fairly and equally with respect to any 16 discussions. 17 (iii) If one of the conditions set forth under subparagraph (i) of this 18 paragraph exists, as promptly as possible, the procurement officer shall: 19 1. issue an invitation for revised auction bids, which shall 20 state whether the award will be made without competitive negotiations; and 21 2. require a prompt response to that invitati on. 22 (iv) An invitation for revised auction bids is not subject to the notice 23 requirements in subsection (d) of this section. 24 (v) After revised bids have been submitted, negotiations with 25 bidders may not be conducted unless the procurement officer d etermines that there is a 26 compelling reason to negotiate. 27 (vi) After revised bids have been received and any approval required 28 by law has been obtained, the procurement officer shall award the procurement contract to 29 the responsible bidder who submits a responsive bid that: 30 1. is the lowest bid price; or 31 2. if the invitation for revised bids so provides, is the lowest 32 evaluated bid price. 33 HOUSE BILL 1021 29 (g) Not more than 30 days after the execution and approval of a procurement 1 contract awarded under this section, a unit shall publish notice of the award [: 2 (1) until July 1, 2006, in the Contract Weekly and eMaryland Marketplace; 3 and 4 (2) on and after July 1, 2006, ] in eMaryland Marketplace. 5 13–204. 6 (a) (1) By regulation, [each of the primary procurement units ] A UNIT , UNDER 7 THE OVERSIGHT OF THE CHIEF PROCUREMENT OFFICER , may provide for the 8 prequalification of persons as prospective responsible bidders or offerors for procurements 9 other than leases of real property. 10 (2) Each [of the primary procurement units ] UNIT shall keep a register of 11 all prequalified persons. 12 [(3) Persons prequalified as prospective responsible bidders or offerors by a 13 primary procurement unit for procurements of direct or indirect work –related services shall 14 be deem ed to be prequalified for the purposes of procurements by the Department of 15 Human Resources of direct or indirect work –related services to benefit current recipients, 16 former recipients or non –custodial parents of children who are current or former recipien ts 17 of family investment program benefits. ] 18 (b) If a [primary procurement ] unit [or the Department of Human Resources ] 19 uses a prequalification procedure for awarding a procurement contract: 20 (1) a person who is not prequalified may submit a bid or proposal; and 21 (2) after bid opening or receipt of proposals and before awarding the 22 procurement contract, a procurement officer may determine that: 23 (i) a person who was not prequalified at the time of bid opening or 24 receipt of proposals is a respons ible bidder or offeror; or 25 (ii) a prequalified person is not a responsible bidder or offeror. 26 13–217. 27 (a) In this section, “multi –year contract” means a procurement contract that 28 requires appropriations for more than 1 fiscal year. 29 (b) (1) A unit may enter into a multi –year contract subject to: 30 (i) standards established by the Board; and 31 30 HOUSE BILL 1021 (ii) regulations DEVELOPED BY THE CHIEF PROCUREMENT 1 OFFICER AND adopted by the [primary procurement unit that is responsible for the type 2 of procurement in volved ] BOARD . 3 (2) A multi –year contract shall be subject to review and approval by [that 4 primary procurement unit ] THE CHIEF PROCUREMENT OFFICER . 5 (c) A multi –year contract may not be approved unless each unit reviewing the 6 multi –year contract determines that: 7 (1) the estimated requirements of the State: 8 (i) cover the period of the multi –year contract; 9 (ii) are reasonably firm; and 10 (iii) are continuing; and 11 (2) the multi –year contract will serve the best interests of the State by 12 encouraging effective competition or otherwise promoting economy in State procurement. 13 (d) (1) If money sufficient for the continued performance of a multi –year 14 contract is not appropriated for any fiscal year, the multi –year contract terminates 15 autom atically on the earlier of: 16 (i) the last day of the fiscal year for which money last was 17 appropriated; or 18 (ii) the date provided in the termination clause of the procurement 19 contract. 20 (2) If the multi –year contract is terminated under this subse ction, the unit 21 shall reimburse the contractor for the reasonable value of any nonrecurring costs that were: 22 (i) incurred as a result of the multi –year contract; but 23 (ii) not amortized in the price of the supplies or services delivered 24 under the mu lti–year contract. 25 (3) The cost of termination under this subsection may be paid from any 26 appropriation available for that purpose. 27 (e) Except as provided in subsection (f) of this section, each multi –year contract, 28 including a lease of real property, shall include an automatic termination clause that: 29 HOUSE BILL 1021 31 (1) is not inconsistent with the requirements of subsection (d) of this 1 section; and 2 (2) discharges both parties to the multi –year contract from future 3 performance of that contract, but not from th eir existing obligations. 4 (f) (1) On the recommendation of the Secretary of General Services, the Board 5 may waive the requirement to include an automatic termination clause under subsection 6 (e) of this section for a multi –year contract to procure energy generated from a Tier 1 7 renewable source or a Tier 2 renewable source, as defined in § 7 –701 of the Public Utilities 8 Article. 9 (2) In determining whether or not to grant a waiver under paragraph (1) of 10 this subsection, the Board shall consider the effect of imposing the termination clause 11 requirement under subsection (e) of this section on the ability of the energy supplier to 12 obtain financing for the renewable energy generation project that produces the energy that 13 the State is contracting to procure. 14 13–218. 15 (a) Each procurement contract shall include clauses covering: 16 (1) termination for default; 17 (2) termination wholly or partly by the State for its convenience if the head 18 of the [primary procurement ] unit, UNDER THE OVERSIGHT OF THE CHIEF 19 PROC UREMENT OFFICER , determines that termination is appropriate; 20 (3) variations that occur between estimated and actual quantities of work 21 in a procurement contract; 22 (4) liquidated damages, as appropriate; 23 (5) specified excuses for nonperformance; 24 (6) except for real property leases, the unilateral right of the State to order 25 in writing: 26 (i) changes in the work, if the changes are within the scope of the 27 procurement contract; and 28 (ii) a temporary stop or delay in performance; 29 (7) the obligation of the contractor to comply with the political contribution 30 reporting requirements under Title 14 of the Election Law Article, to which the contractor 31 may be subject as required under § 17 –402 of this article; and 32 32 HOUSE BILL 1021 (8) nonvisual access for inf ormation technology as required under § 1 3A–312 of this article. 2 (b) In addition to the clauses required under subsection (a) of this section, a 3 procurement contract for construction shall include: 4 (1) a clause providing for contract modification if t he condition of a site 5 differs from the condition described in the specifications; and 6 (2) a clause covering the requirements for notice of contract claims, 7 submission of contract claims, and resolution of contract claims under § 15 –219 of this 8 article. 9 (c) Each procurement contract shall include a clause that gives to the parties 10 notice that preexisting regulations apply to the procurement contract in accordance with § 11 11–206 of this article. 12 (d) At any time after the parties enter into a procuremen t contract they may 13 include additional clauses in the procurement contract, by consent, without consideration. 14 (e) A clause required under this section for contract modification of or change 15 orders to a procurement contract for construction shall: 16 (1) make each contract modification or change order that affects the price 17 of the procurement contract subject to: 18 (i) prior written approval from the unit and any other person 19 responsible for the procurement contract; and 20 (ii) prior certification by the fiscal authority responsible for the unit 21 about: 22 1. the availability of money; and 23 2. the effect of the contract modification or change order on 24 the project budget or the total construction cost; and 25 (2) prohibit the contract modification or change order if the certification by 26 the fiscal authority discloses that the contract modification or change order will increase 27 the cost beyond budgeted and available money, unless: 28 (i) sufficient additional money is made available; or 29 (ii) the scope of the project is adjusted to allow completion within the 30 project budget. 31 13–225. 32 HOUSE BILL 1021 33 (a) (1) In this section the following words have the meanings indicated. 1 (2) “Payment security” has the meaning stated in § 17 –101 of this article. 2 (3) “Perfo rmance security” has the meaning stated in § 17 –101 of this 3 article. 4 (b) (1) If a contractor has furnished 100% payment security and 100% 5 performance security in accordance with Title 17, Subtitle 1 of this article under a State 6 procurement contract for construction, the percentage specified in the contract for 7 retainage may not exceed 5% of the total amount. 8 (2) In addition to retainage, a [primary procurement ] unit [and the 9 Maryland Transportation Authority ], UNDER THE OVERSIGHT OF THE CHIEF 10 PROCUREM ENT OFFICER , may withhold from payments otherwise due a contractor any 11 amount that the unit reasonably believes necessary to protect the State’s interest. 12 (3) Retainage withheld by a [primary procurement ] unit [and the 13 Maryland Transportation Authority ] may be deposited in an interest –bearing escrow 14 account in accordance with § 15 –108 of this article. 15 (c) (1) A contractor may not retain a percentage of payments due a 16 subcontractor that exceeds the percentage of payments retained by the [primary 17 procure ment ] unit [or the Maryland Transportation Authority ]. 18 (2) Paragraph (1) of this subsection may not be construed to prohibit a 19 contractor from withholding any amount in addition to retainage if the contractor 20 determines that a subcontractor’s performanc e under the subcontract provides reasonable 21 grounds for withholding the additional amount. 22 (d) (1) A subcontractor may not retain a percentage of payments due a lower 23 tier subcontractor that exceeds the percentage of payments retained from the 24 subcontrac tor. 25 (2) Paragraph (1) of this subsection may not be construed to prohibit a 26 subcontractor from withholding any amount in addition to retainage if the subcontractor 27 determines that a lower tier subcontractor’s performance under the subcontract provides 28 reasonable grounds for withholding the additional amount. 29 (e) If retainage has been placed in escrow under § 15 –108 of this article, each 30 payment of retainage shall include a pro rata portion of interest earned. 31 (f) This section may not be construed to limit the application of the provisions of 32 Title 17, Subtitle 1 of this article. 33 34 HOUSE BILL 1021 13–226. 1 (a) Unless otherwise prohibited by law, a [primary procurement ] unit, UNDER 2 THE OVERSIGHT OF THE CHIEF PROCUREMENT OFFICER , may conduct procurement, 3 including the solicitation, bidding, award, execution, and administration of a contract, by 4 electronic means as provided in the Uniform Electronic Transactions Act in Title 21 of the 5 Commercial Law Article. 6 (b) Bidding on a procurement contract by electronic means sha ll constitute 7 consent by the bidder to conduct by electronic means all elements of the procurement of 8 that contract which the unit agrees to conduct by electronic means. 9 (c) (1) Except as provided in paragraph (2) of this subsection, a unit utilizing 10 electronic means to conduct procurement or a private contractor furnishing to the State 11 electronic means for conducting procurement may charge a reasonable fee to the bidder for 12 the use of the electronic means. 13 (2) Unless approved by the Board of Public Wo rks, a fee may not be charged 14 under this subsection. 15 (d) The terms and conditions of a procurement conducted under this section shall 16 comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 17 Article. 18 15–111. 19 (a) Within 90 days after the end of each fiscal year, each [primary procurement ] 20 unit shall submit to the Governor and to the General Assembly a report on each 21 procurement contract that was awarded during the preceding fiscal year and: 22 (1) was exempt from the notice requirements of § 13 –103(c) of this article 23 because the procurement officer reasonably expected that the procurement contract would 24 be performed entirely outside this State and the District of Columbia; 25 (2) cost more than $100,000 and was awarded for th e procurement of 26 services, construction related services, architectural services, or engineering services; or 27 (3) was awarded on the basis of: 28 (i) § 13–107 of this article (“Sole source procurement”); 29 (ii) § 13–108(a) of this article (“Emergency procurement”); or 30 (iii) § 13–108(c) of this article (“Expedited procurement”). 31 (b) (1) A report required under subsection (a)(2) or (3) of this section shall 32 include: 33 HOUSE BILL 1021 35 (i) the name of each contractor; 1 (ii) the type and cost of the procurement contract; and 2 (iii) a description of the procurement. 3 (2) A report required under subsection (a)(3) of this section also shall 4 describe the basis for the award. 5 (c) Within 90 days after the end of each fiscal year, the Governor shall submit to 6 the General Assembly a report on each expedited procurement approved under § 13 –108(c) 7 of this article. 8 (d) Within 90 days after the end of each fiscal year, the Department of Budget 9 and Management shall submit to the Board and the General Assembly a repor t on each 10 class of procurement for which the procedure for noncompetitive negotiated procurement 11 has been approved under § 13 –106 of this article. 12 (e) A report to the General Assembly under this section is subject to § 2 –1246 of 13 the State Government Arti cle. 14 15–216. 15 (a) Title 10, Subtitle 2 of the State Government Article does not apply to the 16 disposition of a protest or a contract claim by: 17 (1) [a primary procurement unit; 18 (2)] a procurement officer; or 19 [(3)] (2) a unit. 20 (b) The Appeals Board shall conduct its proceedings in accordance with Title 10, 21 Subtitle 2 of the State Government Article. 22 15–217. 23 (a) (1) A prospective bidder or offeror, a bidder, or an offeror may submit a 24 protest to the procurement officer. 25 (2) A unit or a per son who has been awarded a procurement contract may 26 submit a contract claim to the procurement officer. 27 (b) Except as provided in § 15 –219 of this subtitle, a protest or contract claim 28 shall be submitted within the time required under regulations DEVELOP ED BY THE 29 36 HOUSE BILL 1021 CHIEF PROCUREMENT OFFICER AND adopted by the [primary procurement unit 1 responsible for the procurement ] BOARD . 2 SECTION 2. AND BE IT FURTHER ENACTED, Th at, on or before October 1, 2020 , 3 the Chief Procurement Officer shall report to the Governor and, in accordance with § 4 2–1246 of the State Government Article, the Senate Education, Health, and Environmental 5 Affairs Committee and the House Health and Government Operations Committee on: 6 (1) a structure for delegating and overseeing specified types of 7 procurement to units with expertise in those types of procurement; 8 (2) the development of performance metrics and the implementation of 9 strategic sourcing; 10 (3) recommendations for co nsolidating and deleting reporting 11 requirements; 12 (4) recommendations for reporting requirements for units exempt from the 13 oversight of the Board of Public Works, including procurements for which the Maryland 14 Department of Transportation and the Univers ity System of Maryland are exempt; 15 (5) whether the policy of the State as provided by § 13 –102 of the State 16 Finance and Procurement Article, which requires the use of competitive sealed bids unless 17 another procurement method is specifically authorized, should be changed and how; 18 (6) whether the small procurement dollar thresholds established under § 19 13–109 of the State Finance and Procurement Article should be raised and to what amount; 20 and 21 (7) recommendations on what exemptions from State procurem ent laws 22 and obsolete programs should be repealed, including the Small Business Preference 23 Program. 24 SECTION 3. AND BE IT FURTHER ENACTED, Th at, on or before October 1, 2018 , 25 the General Counsel to the Board of Public Works and the Office of the Attorney General 26 shall report to the Governor and, in accordance with § 2 –1246 of the State Government 27 Article, the Senate Education, Health, and Environmental Affairs Committee and the 28 House Health and Government Operations Committee on a process for establishing a 29 centralized procurement attorney office in the State to provide consistent interpretation 30 and application of procurement laws to the Board of Public Works and procurement staff 31 throughout the State. 32 SECTION 4. AND BE IT FURTHER ENACTED, That, on or bef ore October 1, 2018 , 33 the Board of Public Works and the Department of Budget and Management shall: 34 HOUSE BILL 1021 37 (1) review the job title, classifications, and compensation for 1 procurement –related positions in the State Personnel Management System established by 2 § 2–202 of the State Personnel and Pensions Article; and 3 (2) (i) rename and reclassify procurement –related positions in the 4 State Personnel and Management System, taking into account procurement –related 5 positions in small agencies as described in Section 8( 2) of this Act, as necessary for the 6 purpose of establishing: 7 1. clear lines of authority under the Chief Procurement 8 Officer; 9 2. a single path of advancement for procurement 10 professionals in the State Personnel Management System; and 11 3. consistent job titles and compensation for procurement 12 staff performing similar duties in or on behalf of different agencies; and 13 (ii) in renaming and reclassifying procurement –related positions, 14 ensure that no current employees experience a diminution in responsibilities or 15 compensation as a result of the reclassification. 16 SECTION 5. AND BE I T FURTHER ENACTED, Th at, on or before October 1, 2019 , 17 the Board of Public Works, in consultation with the University System of Maryland and 18 the Maryland Department of Transportation, shall report to the Governor and, in 19 accordance with § 2 –1246 of the State Government Article, the General Assembly on 20 strategies to enhance the authority of the Chief Procurement Officer over procurement staff 21 employed under independen t personnel management systems, including the feasibility of 22 including those staff under the State Personnel Management System. 23 SECTION 6. AND BE IT FURTHER ENACTED, That, to the extent practicable, the 24 Chief Procurement Officer established under this Ac t shall use staff currently working for 25 the Board of Public Works and transfer procurement staff from other agencies to assist in 26 carrying out the duties of the Chief Procurement Officer as established by this Act. 27 SECTION 7. AND BE IT FURTHER ENACTED, T hat all persons who are classified 28 employees of a St ate agency as of October 1, 2019 , and who are transferred under this Act 29 to employment under the authority of the Chief Procurement Officer shall be transferred 30 without any diminution of their rights, ben efits, or employment status, including, if any, 31 merit system and retirement status. 32 SECTION 8. AND BE IT FURTHER ENACTED, That it is the intent of the General 33 Assembly that, at the discretion of the Chief Procurement Officer: 34 (1) procurement staff who provide procurement services exclusively to a 35 particular State agency may be housed at that State agency; and 36 38 HOUSE BILL 1021 (2) procurement staff employed or hired in smaller agencies who have 1 significant duties separate and apart from procurement matters may contin ue employment 2 with their agencies while handling procurement matters for their agencies under the 3 authority of and consistent with policies and procedures established by the Chief 4 Procurement Officer. 5 SECTION 9. AND BE IT FURTHER ENACTED, That Sections 1 , 2, 6, 7, and 8 of 6 this Act s hall take effect October 1, 2019 . 7 SECTION 10. AND BE IT FURTHER ENACTED, That, except as provided in 8 Section 9 of this Act, this Act s hall take effect October 1, 2017 . 9
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Reorganization of State Procurement
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Authorizing the State Board of Dental Examiners to issue a cease and desist order for specified violations; establishing penalties for a person who aids or abets a person who practices or attempts to practice dentistry without a license; altering specified penalties for specified acts related to the unauthorized practice of dentistry or dental hygiene; altering specified penalties for violating specified provisions of law related to dental laboratory work or advertising a dental appliance; authorizing specified civil fines; etc.
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the purpose of establishing certain penalties for a person who aids or abets a person 3 who practices or attempts to practice dentistry without a li cense; altering certain 4 penalties for certain acts related to the unauthorized practice of dentistry or dental 5 hygiene ; altering certain penalties for violating certain provisions of law related to 6 dental laboratory work or advertising a dental appliance; providing for the 7 application of certain provisions of this Act; providing for a delayed effective date; 8 repealing certain provisions of law that specify certain places of imprisonment; and 9 generally relating to penalties for violations of the Maryland Den tistry Act. 10 BY repealing and reenacting, with amendments, 11 Article – Health Occupations 12 Section 4 –606 13 Annotated Code of Maryland 14 (2014 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 – Health Occupations 18 4–606. 19 (a) (1) [A] EXCEPT AS PROVIDED IN PARAG RAPH (2) OF THIS 20 SUBSECTION , A person who practices or attempts to practice dentistry without a license 21 in violation of § 4 –601(a) of this subtitle , AIDS OR ABETS A PERSON WHO PRACTIC ES OR 22 ATTEMPTS TO PRACTICE DENTISTRY WITHOUT A LICENSE IN VIOLATION OF § 23 4–601( A) OF THIS SUBTITLE , or represents to the public in violation of § 4 –602 of this 24 2 HOUSE BILL 1022 subtitle that the person is authorized to practice dentistry is guilty of a misdemeanor and 1 on conviction is subject to: 2 [(1)] (I) For a first offense, a fine not exceeding [$2,000 ] $5,000 or 3 imprisonment [in jail ] not exceeding [6 months ] 1 YEAR ; or 4 [(2)] (II) For a subsequent offense, a fine not exceeding [$6,000 ] $20,000 5 PER DAY or imprisonment [in the State penitentiary ] not exceeding [1 year ] 5 YEARS . 6 (2) THIS SUBSECTION DOES NOT APPLY TO A PERSON WHO 7 PRACTICES OR ATTEMPT S TO PRACTICE DENTIS TRY WITHOUT A LICENS E IF THE 8 PERSON ’S LICENSE HAS BEEN E XPIRED FOR A PERIOD OF NOT MORE THAN 6 9 MONTHS . 10 (b) (1) [A] EXCEPT AS PROVIDE D IN PARAGRAPH (2) OF THIS 11 SUBSECTION , A person who practices or attempts to practice dental hygiene without a 12 license in violation of § 4 –601(a) of this subtitle, aids or abets unauthorized practice of 13 dental hygiene in violation of § 4 –601(b) of this subtitle, or represents to the public in 14 violation of § 4 –602 of this subtitle that the person is authorized to practice dental hygiene 15 is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. 16 (2) THIS SUBSECTION DOES NOT APPLY TO A PERSO N WHO 17 PRACTICES OR ATTEMPT S TO PRACTICE DENTAL H YGIENE WITHOUT A LIC ENSE IF 18 THE PERSON ’S LICENSE HAS BEEN E XPIRED FOR A PERIOD OF NOT MORE THAN 6 19 MONTHS . 20 (c) A person who violates any provision of Subtitle 4 of this title, which relates to 21 dental laboratory work, or who advertises a dental appliance in violation of § 4 –503(c) of 22 this title is guilty of a [misdemeanor ] FELONY and on conviction is subject to a fine not 23 exceeding $2,000 PER DAY or imprisonment [in jail ] not exceeding [6 months ] 2 YEARS . 24 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 1, 201 8. 26
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Health Occupations - Violations of the Maryland Dentistry Act - Penalties and Cease and Desist Orders
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Excluding Baltimore City from a specified provision allowing for an alternative method for forming a hearing board under the Law Enforcement Officers' Bill of Rights when the alternative method has been agreed to under specified exclusive collective bargaining agreements; excluding Baltimore City from a specified provision under which specified findings of fact and penalty determinations made by a hearing board are final; and providing for the prospective application of the Act.
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the purpose of excluding Baltimore City from a certain provision allowing for an 3 alternative method for forming a hearing board under the Law Enforcement Officers’ 4 Bill of Rights when the alternative method has been agreed to under certain 5 exclusive collective bargaining agreements; excluding Baltimo re City from a certain 6 provision under which certain findings of fact and penalty determinations made by 7 a hearing board are final; providing for the application of this Act; and generally 8 relating to the Law Enforcement Officers’ Bill of Rights. 9 BY rep ealing and reenacting, with amendments, 10 Article – Public Safety 11 Section 3 –107(c) and 3 –108(c) 12 Annotated Code of Maryland 13 (2011 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 – Public Safety 17 3–107. 18 (c) (1) Except as provided in paragraph (5) of this subsection and in § 3 –111 of 19 this subtitle, the hearing board authorized under this section shall consist of at least three 20 voting members who: 21 (i) are appointed by the chief and chosen from law enforcement 22 officers within that law enforcement agency, or from law enforcement officers of another 23 law enforcement agency with the approval of the chief of the other agency; and 24 2 HOUSE BILL 1023 (ii) have had no part in the investigation or interrogation of the law 1 enforcement officer. 2 (2) At least one member of the hearing board shall be of the same rank as 3 the law enforcement officer against whom the complaint is filed. 4 (3) (i) Subject to subparagraph (ii ) of this paragraph, a chief may 5 appoint, as a nonvoting member of the hearing board, one member of the public who has 6 received training administered by the Maryland Police Training and Standards 7 Commission on the Law Enforcement Officers’ Bill of Rights a nd matters relating to police 8 procedures. 9 (ii) If authorized by local law, a hearing board formed under 10 paragraph (1) of this subsection may include up to two voting or nonvoting members of the 11 public who have received training administered by the Mary land Police Training and 12 Standards Commission on the Law Enforcement Officers’ Bill of Rights and matters 13 relating to police procedures. 14 (4) (i) If the chief is the law enforcement officer under investigation, the 15 chief of another law enforcement agency in the State shall function as the law enforcement 16 officer of the same rank on the hearing board. 17 (ii) If the chief of a State law enforcement agency is under 18 investigation, the Governor shall appoint the chief of another law enforcement agency to 19 function as the law enforcement officer of the same rank on the hearing board. 20 (iii) If the chief of a law enforcement agency of a county or municipal 21 corporation is under investigation, the official authorized to appoint the chief’s successor 22 shall ap point the chief of another law enforcement agency to function as the law 23 enforcement officer of the same rank on the hearing board. 24 (iv) If the chief of a State law enforcement agency or the chief of a 25 law enforcement agency of a county or municipal co rporation is under investigation, the 26 official authorized to appoint the chief’s successor, or that official’s designee, shall function 27 as the chief for purposes of this subtitle. 28 (5) (I) THIS PARAGRAPH DOES NOT A PPLY TO BALTIMORE CITY. 29 [(i)] (II) 1. A law enforcement agency or the agency’s superior 30 governmental authority that has recognized and certified an exclusive collective bargaining 31 representative may negotiate with the representative an alternative method of forming a 32 hearing board. 33 2. A hearing board formed under this paragraph may include 34 up to two voting or nonvoting members of the public, appointed by the chief, who have 35 received training administered by the Maryland Police Training and Standards 36 HOUSE BILL 1023 3 Commission on the Law Enforcement Off icers’ Bill of Rights and matters relating to police 1 procedures. 2 [(ii)] (III) A law enforcement officer may elect the alternative 3 method of forming a hearing board if: 4 1. the law enforcement officer works in a law enforcement 5 agency described in s ubparagraph (i) of this paragraph; and 6 2. the law enforcement officer is included in the collective 7 bargaining unit. 8 [(iii)] (IV) The law enforcement agency shall notify the law 9 enforcement officer in writing before a hearing board is formed that the law enforcement 10 officer may elect an alternative method of forming a hearing board if one has been 11 negotiated under this paragraph. 12 [(iv)] (V) If the law enforcement officer elects the alternative 13 method, that method shall be used to form the heari ng board. 14 [(v)] (VI) An agency or exclusive collective bargaining 15 representative may not require a law enforcement officer to elect an alternative method of 16 forming a hearing board. 17 [(vi)] (VII) If the law enforcement officer has been offered summa ry 18 punishment, an alternative method of forming a hearing board may not be used. 19 [(vii)] (VIII) If authorized by local law, this paragraph is subject to 20 binding arbitration. 21 3–108. 22 (c) (1) Notwithstanding any other provision of this subtitle, the decision of the 23 hearing board as to findings of fact and any penalty is final if: 24 (i) a chief is an eyewitness to the incident under investigation; or 25 (ii) EXCEPT IN BALTIMORE CITY, a law enforcement agency or the 26 agency’s superior governmental aut hority has agreed with an exclusive collective 27 bargaining representative recognized or certified under applicable law that the decision is 28 final. 29 (2) The decision of the hearing board then may be appealed in accordance 30 with § 3 –109 of this subtitle. 31 4 HOUSE BILL 1023 (3) If authorized by local law, paragraph (1)(ii) of this subsection is subject 1 to binding arbitration. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 3 apply only prospectively and may not be applied or interpreted to have any e ffect on or 4 application to an exclusive collective bargaining agreement in effect before the effective 5 date of this Act. 6 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2017. 8
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Baltimore City - Law Enforcement Officers' Bill of Rights - Hearing Board
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Establishing an auxiliary winery permit; authorizing the Comptroller to issue the permit to a holder of a Class 4 limited winery permit for use at a single location off the licensed premises in the State, subject to specified restrictions; prohibiting the Comptroller from issuing more than 25 permits in the State and more than one permit per license holder; authorizing the holder of the permit to exercise the privileges with specified exceptions that are allowed at the premises for which the holder's Class 4 license is issued; etc.
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the purpose of establishing an auxiliary wine ry permit; authorizing the Comptroller 3 to issue the permit to a Class 4 limited winery for use at a location off the licensed 4 premises anywhere in the State ; authorizing the holder of the permit to exercise the 5 privileges with certain exceptions that are all owed at the premises for which the 6 holder’s Class 4 license is issued; requiring that an agent who is certified by an 7 approved alcohol awareness program be present while a permit holder sells or 8 provides samples of wine; specifying that a holder of a Class 4 license may be issued 9 a certain number of permits; requiring an applicant for a permit to submit a certain 10 application to the Comptroller; providing for an annual permit fee; and generally 11 relating to alcoholic beverages permits issued by the Comptrolle r. 12 BY adding to 13 Article – Alcoholic Beverages 14 Section 2 –134.1 15 Annotated Code of Maryland 16 (2016 Volume and 2016 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – Alcoholic Beverages 20 2–134.1. 21 (A) THERE IS AN AUXILIARY WINERY PERMIT . 22 2 HOUSE BILL 1024 (B) THE COMPTROLLER MAY ISSUE THE PERMIT TO A CLASS 4 LIMITED 1 WINERY FOR USE AT A LOCATION OFF THE LIC ENSED PREMISES ANYWH ERE IN THE 2 STATE . 3 (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4 THE PERMIT AUTHORIZE S THE HOLDER TO EXER CISE ALL OF THE PRIV ILEGES 5 ALLOWED AT THE PREMI SES FOR WHICH THE HO LDER’S CLASS 4 LICENSE IS ISSUED . 6 (2) THE PERMIT HOLDER MAY NOT FERMENT AND BOTT LE WINE OR 7 DISTILL AND BOTTLE P OMACE BRANDY AT TH E LOCATION DESCRIBED IN THE 8 PERMIT . 9 (D) WHILE SELLING OR PROV IDING SAMPLES OF WIN E, A PERMIT HOLDER 10 SHALL HAVE AN AGENT PRESENT WHO IS CERTI FIED BY AN APPROVED ALCOHOL 11 AWARENESS PROGRAM . 12 (E) A HOLDER OF A CLASS 4 LIMITED WINERY LICEN SE MAY BE ISSUED 13 ONLY ONE AUXILIARY WIN ERY PERMIT . 14 (F) AN APPLICANT SHALL : 15 (1) SUBMIT TO THE COMPTROLLER A COMPLET ED APPLICATION ON A 16 FORM THAT THE COMPTROLLER PROVIDES ; AND 17 (2) PAY AN ANNUAL FEE OF $250 FOR THE PERMIT . 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19 1, 2017 . 20
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Alcoholic Beverages - Auxiliary Winery Permit
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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 Mayor and City Council of the City of College Park for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of Duvall Field, 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 $150,000, the 3 proceeds to be used as a grant to the Mayor and City Council of the City of College 4 Park for certain development or improvement purposes; providing for disbursement 5 of the loan proceeds, subject to a requirement that the grantee provide and expend a 6 matching fund; establishing a deadline f or the encumbrance or expenditure of the 7 loan proceeds; and providing generally for the issuance and sale of bonds evidencing 8 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 – Duvall Field Renovation Loan of 2017 in a total principal amount equal to the 14 lesser of (i) $150,000 or (ii) the amount of the match ing 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 accordanc e 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 unde r § 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 f or 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 1025 grant to the Mayor and City Council of the City of College Park (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 Duvall Fie ld, 3 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) 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 the fund may 12 consist of real property, in kind contributions, or funds expended prior to the effecti ve 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 Works shall determine the 15 matter and the Board’s decision is final. The grantee has until June 1, 2 019, 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 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, t he 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 - Prince George's County - Duvall Field Renovation
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Authorizing the creation of a State Debt in the amount of $200,000, the proceeds to be used as a grant to the Board of Directors of New Horizons Supported Services, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the New Horizons Disability Job Training and Recycling Center, 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 in the amount of $200,000, the 4 proceeds to be used as a grant to the Board of Directors of New Horizons Supported 5 Services, Inc. for certain development or improvement purposes; providing for 6 disbursement of the loan proceeds, subject to a requirement that the grantee provide 7 and ex pend a matching fund; establishing a deadline for the encumbrance or 8 expenditure of the loan proceeds; and providing generally for the issuance and sale 9 of bonds evidencing 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 Prince George’s 14 County – New Horizons Disability Job Training and Recycling Center Loan of 2017 in the 15 total p rincipal amount of $200,000. This loan shall be evidenced by the issuance, sale, and 16 delivery of State general obligation bonds authorized by a resolution of the Board of Public 17 Works and issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 18 8–131.2 of the 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 Fin ance 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 otherwi se 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 1026 grant to the Board of Director s of New Horizons Supported Services, 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 of the New 3 Horizons Disability Job Training and Recycling Center, 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 pa id 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) above, the grantee shall provide and expend a matching 10 fund of $50,000. No part of the grantee’s matching fund may be provided, either directly or 11 indirectly, from funds of the State, whether appropriated or unappropriated. The fund may 12 consist of real property, in kind contributions, or fund s 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 Works 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 shall certify this fact to the State Treasurer, 18 and the proceeds of th e loan shall be expended for the purposes provided in this Act. 19 (6) The proceeds of the loan must be expended or encumbered by the Board of 20 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 21 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 22 amount of the unencumbered or unexpended authorization shall be canceled and be of no 23 further effect. If bonds have been issued for the loan, the amount of unexpended or 24 unencumbered bond proceeds shall be disposed of as provided in § 8 –129 of the State 25 Finance and Procurement Article. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 27 1, 2017. 28
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Creation of a State Debt - Prince George's County - New Horizons Disability Job Training and Recycling Center
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Authorizing the creation of a State Debt not to exceed $1,000,000, the proceeds to be used as a grant to the Montgomery County Revenue Authority for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Poolesville Grape Crushing Economic Development Facility, 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 $1,000,000, the 4 procee ds to be used as a grant to the Montgomery County Revenue Authority for 5 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; estab lishing a deadline for 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 – Poolesville Grape Crushing Economic Development Facility Loan of 2017 in a 15 total principal amount equal to the less er of (i) $1,000,000 or (ii) the amount of the matching 16 fund provided in accordance with Section 1(5) below. This loan shall be evidenced by the 17 issuance, sale, and delivery of State general obligation bonds authorized by a resolution of 18 the Board of Publi c Works and issued, sold, and delivered in accordance with §§ 8 –117 19 through 8 –124 and 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 consolida ted and sold as part of a single issue of bonds under § 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 issuin g, selling, and delivering the 25 bonds, unless funds 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 1027 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Montgomery County Revenue Authority (referred to hereafter in this Act as 2 “the grantee”) for the acquisition, planning, design, construction, repair, renovation, 3 reconstruction, site improvement , and capital equipping of the Poolesville Grape Crushing 4 Economic Development Facility, 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 in terest 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 S ection 1(3) above, 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 in kind contributions or funds expended prior to the effective date of this Act. The 14 fund may consist of real property. In case of any dispute as to the amount of the matching 15 fund or what money or assets may qualify as matching funds, the Board of Pub lic Works 16 shall determine the matter and the Board’s decision is final. The grantee has until June 1, 17 2019, to present evidence satisfactory to the Board of Public Works that a matching fund 18 will be provided. If satisfactory evidence is presented, the Boar d shall certify this fact and 19 the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal 20 to the amount of the matching fund shall be expended for the purposes provided in this Act. 21 Any amount of the loan in excess of the amo unt of the matching fund certified by the Board 22 of Public Works 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 Ju ne 1, 2024. If any funds 25 authorized by 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 amou nt 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 - Poolesville Grape Crushing Economic Development Facility
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Altering the duties, rights, and privileges of the student member of the Frederick County Board of Education; altering the group of students who elect the student member; requiring the student member-elect to shadow the student member officeholder for the period of time between the election and the end of the officerholder's term; requiring the student member to comply with specified ethics and financial disclosure requirements, and vote on specified matters; etc.
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the purpose of altering the duties, rights, and privileges of the student member of the 3 Frederick County Board of Education ; altering the group of students who el ect the 4 student member; requiring the student member to serve as the student 5 member –elect and shadow a certain member for a certain time period ; requirin g the 6 student member to comply with certain ethics and financial disclosure requirements 7 and vote on certain matters; authorizing the student member to attend an executive 8 session of the county board that relates to certain matters; prohibiting the student 9 member from participating when the county board is carrying out a quasi –judicial 10 function; authorizi ng the nonstudent members of the county board , on a majority 11 vote, to determine in a certain manner whether a matter under consideration is 12 covered by certain exclusionary provision s and to rescind certain voting rights of the 13 student member under certain circumstances ; providing that the student member 14 may not be counted in a certain quorum determination; providing for the resolution 15 of a certain tie vote; making certain conforming changes; and generally relating to 16 the student member of the Frederick Coun ty Board of Education. 17 BY repealing and reenacting, with amendments, 18 Article – Education 19 Section 3 –5B–01, 3–5B–03, and 3 –5B–04 20 Annotated Code of Maryland 21 (2014 Replacement Volume and 2016 Supplement) 22 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 That the Laws of Maryland read as follows: 24 Article – Education 25 3–5B–01. 26 2 HOUSE BILL 1028 (a) The Frederick County Board consists of eight members as follows: 1 (1) Seven members elected from the county at large; and 2 (2) One [nonvoting ] student member. 3 (b) (1) A candidate elected to the county board shall be a resident and 4 registered voter of Frederick County. 5 (2) Any member who no longer resides in the county may not continue as a 6 member of the board. 7 (c) (1) [A voting ] AN ELECTED member serves for a term of 4 years beginning 8 the first Tuesday in December after the member’s election and until a successor is elected 9 and qualifies. 10 (2) [Voting ] ELECTED members of the Frederick County Board shall be 11 elected as follows: 12 (i) Three members of the county board shall be elected in the 13 November general election of 2000 and every 4 years thereafter; and 14 (ii) Four members of the county board shall be elected in the 15 November general election of 2002 and every 4 years thereafter. 16 (d) (1) The ter ms of [voting ] ELECTED members are staggered as provided in 17 subsection (c) of this section. 18 (2) Subject to confirmation of the County Council, the County Executive 19 shall appoint a qualified individual to fill a vacancy on the county board for the remain der 20 of the term and until a successor is elected and qualifies. 21 (e) (1) The student member shall: 22 (i) Be an eleventh or twelfth grade student in the Frederick County 23 public school system elected by the MIDDLE AND high school students of the county in 24 accordance with procedures established by the school system; 25 (ii) SERVE AS THE STUDENT MEMBE R–ELECT AND SHADOW THE 26 STUDENT MEMBER OFFICEHOLDER FOR THE PERIOD OF TIME BET WEEN THE 27 ELECTION AND THE END OF THE OFFIC EHOLDER ’S TERM ; 28 (III) Serve AS THE STUDENT MEMBER for 1 year beginning on July 29 1 after the election of the member; 30 HOUSE BILL 1028 3 [(iii)] (IV) [Be a nonvoting ] EXCEPT AS OTHERWISE P ROVIDED IN 1 THIS SUBSECTION , BE A VOTING member; 2 (V) COMPLY WITH ALL ETHIC S AND FINANCIAL DISC LOSURE 3 REQUIREMENTS THAT APPLY TO NONSTUDENT MEMBERS ; and 4 [(iv)] (VI) Advise the county board on the thoughts and feelings of 5 students. 6 (2) (I) Unless invited to attend by an affirmative vote of a majority of 7 the NONSTUDENT MEMBERS O F THE county board AND SUBJECT TO SUBPA RAGRAPH 8 (II) OF THIS PARAGRAPH , the student member may not attend an executive session THAT 9 RELATES TO ANY MATTER THE STUDENT M EMBER IS PROHIBITED FROM VOTING ON 10 UNDER PARAGRAPH (3) OF THIS SUBSECTION . 11 (II) THE STUDENT MEMBER MA Y NOT PARTICIPATE WHEN THE 12 COUNTY BOARD IS CARR YING OUT A QUASI –JUDICIAL FUNCTION . 13 (3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE STUDENT 14 MEMBER SHALL VOTE ON ALL MATTERS EXCEPT T HOSE RELATING TO : 15 (I) BUDGETARY EXPENDITURE S; 16 (II) CHANGES IN GEOGRAPHICAL ATTENDAN CE AREAS ; 17 (III) ELECTIONS OF OFFICERS OF THE COUN TY BOARD ; 18 (IV) PERSONNEL MATTERS ; 19 (V) CONTRACTS ; 20 (VI) COLLECTIVE BARGAINING ; 21 (VII) SCHOOL CALENDAR ; AND 22 (VIII) ANY JUDICIAL FUNCTION OF THE COUNTY BOARD . 23 (4) ON A MAJORITY VOTE OF THE NONSTUDENT MEMBERS , THE 24 COUNTY BOARD MAY : 25 (I) DETERMINE , ON A CASE –BY–CASE BASIS , WHETHER A 26 MATTER UNDER CONSIDE RATION IS COVERED BY THE EXCLUSIONARY PRO VISIONS 27 LISTED IN PARAGRAPH (3) OF THIS SUBSECTION ; OR 28 4 HOUSE BILL 1028 (II) RESCIND T HE STUDENT MEMBER ’S RIGHT TO VOTE ON ANY 1 OR ALL MATTERS IF THE STUDENT MEMBE R: 2 1. FAILS TO ATTEND 25% OF THE SCHEDULED 3 MEETINGS AND WORK SE SSIONS OF THE COUNTY BOARD ; OR 4 2. DEMONSTRATES A PATTER N OF INADEQUATE 5 PREPARATION FOR PART ICIPATION IN MEETINGS OF THE COUNTY BOARD . 6 (f) (1) The State Board may remove a [voting ] NONSTUDENT member of the 7 county board for: 8 (i) Immorality; 9 (ii) Misconduct in office; 10 (iii) Incompetency; or 11 (iv) Willful neglect of duty. 12 (2) Before removing a [voting ] member, the State Board shall send the 13 member a copy of the charges against the member and give the member an opportunity 14 within 10 days to request a hearing. 15 (3) If the [voting ] member requests a hearing within the 10 –day per iod: 16 (i) The State Board promptly shall hold a hearing, but a hearing 17 may not be set within 10 days after the State Board sends the [voting ] member a notice of 18 the hearing; and 19 (ii) The [voting ] member shall have an opportunity to be heard 20 publicly before the State Board in the member’s own defense, in person or by counsel. 21 (4) A [voting ] member removed under this subsection has the right to a de 22 novo review of the removal by the Circuit Court for Frederick County. 23 3–5B–03. 24 (a) The president o f the Frederick County Board is entitled to receive $11,000 25 annually as compensation, and each other [voting ] NONSTUDENT member of the Frederick 26 County Board is entitled to receive $10,000 annually as compensation. 27 (b) The president and all other NON STUDENT members of the Frederick County 28 Board are entitled to health insurance benefits regularly provided to employees of the 29 Frederick County public school system. 30 HOUSE BILL 1028 5 3–5B–04. 1 (a) All actions of the county board shall be taken at a public meeting and a record 2 of the meeting and all actions shall be made public. 3 (b) The county board may take actions in closed session in accordance with § 4 3–305 of the General Provisions Article. 5 (C) THE STUDENT MEMBER MA Y NOT BE COUNTED IN DETERMINING 6 WHETHER THE NUMB ER OF BOARD MEMBER S PRESENT AT A MEETI NG CONSTITUTES 7 A QUORUM OF THE COUN TY BOARD . 8 (D) IF THE STUDENT MEMBER ’S VOTE RESULTS IN A TIE VOTE AMONG THE 9 BOARD MEMBERS , THE MATTER SHALL BE DECIDED WIT HOUT COUNTING THE 10 STUDENT MEMBER ’S VOTE . 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 1, 2017. 13
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Frederick County Board of Education - Student Member
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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 Board of Directors of the Noyes Children's Library Foundation, Inc. the acquisition, planning design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Noyes Children's Library, 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 Board of Directors of the Noyes Children’s 5 Library Foundation, Inc. for certain development or improvement purposes; 6 providing for disbursement of the loan proceeds, subject to a requirement that the 7 grantee provide and expend a matching fund; establishing a deadline for the 8 encumbrance or expenditure of the loan proceeds; and providing generally for the 9 issuance and sale of bonds evidencing 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 – Noyes Children’s Library Renovation Loan of 2017 in a total principal amount 15 equal to the lesse r of (i) $200,000 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 consolidate d and sold as part of a single issue of bonds under § 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 funds 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 1029 the following public purposes, including any ap plicable architects’ and engineers’ fees: as a 1 grant to the Board of Directors of the Noyes Children’s Library Foundation, Inc. (referred 2 to hereafter in this Act as “the grantee”) for the acquisition, planning, design, construction, 3 repair, renovation, re construction, site improvement, and capital equipping of the Noyes 4 Children’s Library, 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 inte rest 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 Sec tion 1(3) above, 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 o f real property, 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 amount 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 by 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 unenc umbered 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 - Noyes Children's Library Renovation
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Renaming the Department of Human Resources to be the Department of Human Services; renaming the Secretary of Human Resources to be the Secretary of Human Services; providing that the Department of Human Services is the successor of the Department of Human Resources; renaming the Child Support Enforcement Administration to be the Child Support Administration; etc.
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the purpose of renaming the Department of Human Resources to be the Department 4 of Human Services ; renaming the Secretary of Human Resources to be the Secretary 5 of Human Services ; providing that the Department of Human Services is the 6 successor of the Department of Human Resources ; renaming the Child Support 7 Enforcement Administration to be the Child Support Administration; providing that 8 the Child Support Administration is the successor of the Child Support Enforcement 9 Administration; providing that certain names and titles of a certain unit and officials 10 in laws and other documents mean the names and titles of the successor unit and 11 officials; providing for the continuity of certain matters and persons; providing that 12 letterhead, business cards, and other documents reflecting the renaming of the 13 Department and the Administration may not be used until all letterhead, business 14 cards, and other documents already in print and reflecting the name of the 15 Department and the Administration before the effective date of this Act are used; 16 requiring the publisher of the Annotated Code, in consultati on with the Department 17 of Legislative Services, to correct cross –references and terminology in the Code that 18 are rendered incorrect by this Act; and generally relating to the renaming of the 19 Department of Human Resources , the Secretary of Human Resources , and the Child 20 Support Enforcement Administration . 21 BY repealing and reenacting, with amendments, 22 Article – Family Law 23 Section 10 –106 to be under the amended part “Part II. Child Support 24 Administration” 25 Annotated Code of Maryland 26 (2012 Replacement Volume and 2016 Supplement) 27 BY repealing and reenacting, with amendments, 28 2 HOUSE BILL 103 Article – Human Services 1 Section 2 –101, 2–201, and 2 –202(a)(1) to be under the amended title “Title 2. 2 Department of Human Services” 3 Annotated Code of Maryland 4 (2007 Volume and 2 016 Supplement) 5 BY repealing and reenacting, without amendments, 6 Article – State Government 7 Section 8 –201(a) 8 Annotated Code of Maryland 9 (2014 Replacement Volume and 2016 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – State Govern ment 12 Section 8 –201(b)(10 ) 13 Annotated Code of Maryland 14 (2014 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 – Family Law 18 Part II. Child Support [Enforcement ] Administration. 19 10–106. 20 There is a Child Support [Enforcement ] Administration in the Department of 21 Human [Resources ] SERVICES . 22 Article – Human Services 23 Title 2. Department of Human [Resources ] SERVICES . 24 2–101. 25 (a) In this title the following words have the meanings indicated. 26 (b) “Department” means the Department of Human [Resources ] SERVICES . 27 (c) “Secretary” means the Secretary of Human [Resources ] SERVICES . 28 2–201. 29 There is a Department of Human [Resources ] SERVICES establish ed as a principal 30 department of the State government. 31 HOUSE BILL 103 3 2–202. 1 (a) (1) With the advice and consent of the Senate, the Governor shall appoint 2 the Secretary of Human [Resources ] SERVICES . 3 Article – State Government 4 8–201. 5 (a) The Executive Branch of the State government shall have not more than 21 6 principal departments, each of which shall embrace a broad, functional area of that Branch. 7 (b) The principal departments of the Executive Branch of the State government 8 are: 9 (10) Human [Resources ] SERVICE S; 10 SECTION 2. AND BE IT FURTHER ENACTED, That, as provided in this Act: 11 (a) (1) The Department of Human Services is the successor of the Department 12 of Human Resources . 13 (2) The Child Support Administration is the successor of the Child Support 14 Enforc ement Administration. 15 (b) In every law, executive order, rule, regulation, policy, or document created by 16 an official, an employee, or a unit of this State, the names and titles of those agencies and 17 officials mean the names and titles of the successor a gency or official. 18 SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act affects the 19 term of office of an appointed or elected member of any commission, office, department, 20 agency, or other unit. An individual who is a member of a unit on the ef fective date of this 21 Act shall remain for the balance of the term to which appointed or elected, unless the 22 member sooner dies, resigns, or is removed under provisions of law. 23 SECTION 4. AND BE IT FURTHER ENACTED, That any transaction or 24 employment statu s affected by or flowing from any change of nomenclature or any statute 25 amended by this Act and validly entered into or existing before the effective date of this Act 26 and every right, duty, or interest flowing from a statute amended by this Act remains val id 27 after the effective date of this Act and may be terminated, completed, consummated, or 28 enforced as required or allowed by any statute amended by this Act as though the 29 amendment had not occurred. If a change in nomenclature involves a change in name or 30 designation of any State unit, the successor unit shall be considered in all respects as 31 having the powers and obligations granted the former unit. 32 SECTION 5. AND BE IT FURTHER ENACTED, That: 33 4 HOUSE BILL 103 (1) the continuity of every commission, office, department, agency , or other 1 unit is retained; and 2 (2) the personnel, records, files, furniture, fixtures, and other properties 3 and all appropriations, credits, assets, liabilities, and obligations of each r etained unit are 4 continued as the personnel, records, files, furniture, fixtures, properties, appropriations, 5 credits, assets, liabilities, and obligations of the unit under the laws enacted by this Act. 6 SECTION 6. AND BE IT FURTHER ENACTED, That letterh ead, business cards, 7 and other documents reflecting the renaming of the Department of Human Resources to be 8 the Department of Human Services and reflecting the renaming of the Child Support 9 Enforcement Administration to be the Child Support Administration may not be used until 10 all letterhead, business cards, and other documents already in print and reflecting the 11 name of the Department and the Administration before the effective date of this Act have 12 been used. 13 SECTION 7. AND BE IT FURTHER ENACTED, That t he publisher of the 14 Annotated Code of Maryland, in consultation with and subject to the approval of the 15 Department of Legislative Services, shall correct, with no further action required by the 16 General Assembly, cross –references and terminology rendered in correct by this Act. The 17 publisher shall adequately describe any such correction in an editor’s note following the 18 section affected. 19 SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 1, 2017. 21
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Department of Human Resources and Child Support Enforcement Administration - Renaming
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Extending, through fiscal year 2022, provisions requiring that at least 40% of the proceeds from any hotel room tax imposed by Baltimore City be appropriated by the Mayor and City Council to Visit Baltimore for the marketing and operations of the Baltimore City convention Center and for tourism promotion; etc.
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the purpose of extending to a certain date provisions requiring that for certain fiscal 3 years certain amounts measured by proceeds from a hotel room tax imposed by 4 Baltimore City be appropriated to a certain association for certain purposes; and 5 generally relating to hotel room taxes and convention center marketing and tourism 6 promotion in Baltimore City. 7 BY repealing and reenacting, with amendments, 8 The Charter of Baltimore City 9 Article II – General Powers 10 Section (40)(e) 11 (2007 Replacement Volume, as amended) 12 (As enacted by Chapter 151 of the Acts of the General Assembly of 2007, as amended 13 by Chapter 197 of the Acts of the General Assembly of 2012) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 The Charter of Baltimore City 17 Article II – General Powers 18 The Mayor and City Council of Baltimore shall have full power and authority to 19 exercise all of the powers heretofore or hereafter granted to it by the Constitution of 20 Maryland or by any Public General or Public Local Laws of the State of Maryland; and in 21 particular, without limitation upon the foregoing, shall have power by ordinance, or such 22 other method as may be provided for in its Charter, subject to the provisions of said 23 Constitution and Public General Laws: 24 (40) 25 2 HOUSE BILL 1030 (e) (1) For each fiscal year beginning on or after July 1, 1997 but before [July 1 1, 2017 ] JULY 1, 2022 , the Mayor and City Council shall appropriate from its General 2 Fund to Visit Baltimore specifically for Convention Center marketing and tourism 3 promotion an amount equal to at least 40% of the proceeds of any hotel room tax imposed. 4 (2) If the appropriation made for any fiscal year pursuant to paragraph (1) 5 of this subsection is less than the amount required when compared to actual receipts for 6 the completed fiscal year, the difference shall be added to the appropriation to be made for 7 the second succeeding fiscal year. If the appropriation made for any fiscal year pursuant to 8 paragraph (1) of this subsection is more than the amount required when compared to actual 9 receipts for the completed fiscal year, the difference may be deleted from the appropriation 10 to be ma de for the second succeeding fiscal year. 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12 1, 2017. 13
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Baltimore City - Hotel Room Tax - Convention Center Promotion and Operations
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Providing that a specified provision of law requiring an individual to be registered and approved by the State Board of Pharmacy as a pharmacy technician before performing delegated pharmacy acts does not apply to a specified pharmacy student currently completing the first year of a professional pharmacy education program and performs, under the direct supervision of a licensed pharmacist, delegated pharmacy acts in accordance with specified regulations; etc.
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the purpose of providing that a certain provision of law requiring an individual to be 4 registered and approved by the State Board of Pharmacy as a pharmacy technician 5 before perform ing delegated pharmacy acts does not apply to a certain pharmacy 6 student; repealing an ob solete provision of law; and generally relating to the State 7 Board of Pharmacy, registered pharmacy technicians, and pharmacy students. 8 BY repealing and reenacting, without amendments, 9 Article – Health Occupations 10 Section 12 –101(a), (f), (h), (s), and (w) 11 Annotated Code of Maryland 12 (2014 Replacement Volume and 2016 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Health Occupations 15 Section 12 –6B–01 16 Annotated Code of Maryland 17 (2014 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 Occupations 21 12–101. 22 (a) In this title the following words have the meanings indicated. 23 2 HOUSE BILL 1031 (f) (1) “Delegated pharmacy act” means an activity that constitutes the 1 practice of pharmacy delegated by a licensed pharmacist under this title and regulations 2 adopted by the Board. 3 (2) “Delegated pharmacy act” does not include: 4 (i) An act within the parameters of a therapy management con tract 5 as provided under Subtitle 6A of this title; 6 (ii) The administration of an influenza vaccination in accordance 7 with § 12 –508 of this title; 8 (iii) The delegation of a pharmacy act by a registered pharmacy 9 technician, pharmacy student, or pharmacy technician trainee; 10 (iv) A pharmacy activity performed by a pharmacy student in 11 accordance with § 12 –301(b) of this title; 12 (v) A pharmacy activity performed by an applicant for a license to 13 practice pharmacy in accordance with regulations adopted by the Board; or 14 (vi) The performance of other functions prohibited in regulations 15 adopted by the Board. 16 (h) “Direct supervision” means that a licensed pharmacist is physically available, 17 notwithstanding appropriate breaks, on –site and in the prescription area or in an area 18 where pharmacy services are provided to supervise the practice of pharmacy and delegated 19 pharmacy acts. 20 (s) “Pharmacy student” means an individual who is enrolled as a student in a 21 school or college of pharmacy approved b y the Board or accredited by the Accreditation 22 Council for Pharmacy Education. 23 (w) “Registered pharmacy technician” means an individual who is registered with 24 the Board to perform delegated pharmacy acts. 25 12–6B–01. 26 (a) Except as otherwise provided in this title, [on or after January 1, 2007, ] an 27 individual shall be registered and approved by the Board as a pharmacy technician before 28 the individual may perform delegated pharmacy acts. 29 (b) This section does not apply to [a]: 30 (1) A pharmacy technicia n trainee under the direct supervision of a 31 licensed pharmacist provided that the individual does not perform delegated pharmacy acts 32 for more than 6 months ; OR 33 HOUSE BILL 1031 3 (2) A PHARMACY STUDENT WHO : 1 (1) IS CURRENTLY COMPLETI NG THE FIRST YEAR OF A 2 PROFESSIONAL PHARMACY EDUCATION PROGRAM ; AND 3 (2) UNDER THE DIRECT SUPE RVISION OF A LICENSE D 4 PHARMACIST , PERFORMS DELEGATED P HARMACY ACTS IN ACCO RDANCE WITH 5 REGULATIONS ADOPTED BY THE BOARD . 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2017. 8
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State Board of Pharmacy - Registered Pharmacy Technicians - Exemption for Pharmacy Students
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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 Archdiocese of Washington-St. Nicholas Catholic Church for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the parish hall for St. Nicholas Catholic Church, 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 $50,000, the 4 proceeds to be used as a grant to the Archdiocese of Washington –St. Nicholas 5 Catholic Church for certain development or improvement purposes; providing for 6 disbursement of the loan proceeds, subject to a requirement that the grantee provide 7 and expend a matching fund; prohibiting the use of the loan proceeds or matching 8 fund for sectarian religious purposes; establishing a deadline for the encumbrance 9 or expenditure of the loan proceeds; and providing generally for the issuance and 10 sale of bonds evidencing the loan. 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That: 13 (1) The Board of Public Works may borrow money and incur indebtedness on 14 behalf of the State of Maryland through a State loan to be known as the Prince George ’s 15 County – St. Nicholas Catholic Church Parish Hall Loan of 2017 in a total principal amount 16 equal to the lesser of (i) $50,000 or (ii) the amount of the matching fund provided in 17 accordance with Section 1(5) below. This loan shall be evidenced by the issu ance, sale, and 18 delivery of State general obligation bonds authorized by a resolution of the Board of Public 19 Works and issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 20 8–131.2 of the State Finance and Procurement Article. 21 (2) The bonds to evidence this loan or installments of this loan may be sold as a 22 single issue or may be consolidated and sold as part of a single issue of bonds under § 23 8–122 of the State Finance and Procurement Article. 24 (3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and 25 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 26 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 27 2 HOUSE BILL 1032 the books of the Comptroll er and expended, on approval by the Board of Public Works, for 1 the following public purposes, including any applicable architects’ and engineers’ fees: as a 2 grant to the Archdiocese of Washington –St. Nicholas Catholic Church (referred to hereafter 3 in this Act as “the grantee”) for the acquisition, planning, design, construction, repair, 4 renovation, reconstruction, site improvement, and capital equipping of the parish hall for 5 St. Nicholas Catholic Church, located in Prince George ’s County. 6 (4) An annual S tate tax is imposed on all assessable property in the State in rate 7 and amount sufficient to pay the principal of and interest on the bonds, as and when due 8 and until paid in full. The principal shall be discharged within 15 years after the date of 9 issuanc e of the bonds. 10 (5) Prior to the payment of any funds under the provisions of this Act for the 11 purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching 12 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 13 from funds of the State, whether appropriated or unappropriated. No part of the fund may 14 consist of real property, in kind contributions, or funds expended prior to the effective date 15 of this Act. In case of any dispute as to the am ount of the matching fund or what money or 16 assets may qualify as matching funds, the Board of Public Works shall determine the 17 matter and the Board’s decision is final. The grantee has until June 1, 2019, to present 18 evidence satisfactory to the Board of Pu blic Works that a matching fund will be provided. 19 If satisfactory evidence is presented, the Board shall certify this fact and the amount of the 20 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 21 the matching fund sha ll be expended for the purposes provided in this Act. Any amount of 22 the loan in excess of the amount of the matching fund certified by the Board of Public Works 23 shall be canceled and be of no further effect. 24 (6) No portion of the proceeds of the loan or any of the matching funds may be 25 used for the furtherance of sectarian religious instruction, or in connection with the design, 26 acquisition, or construction of any building used or to be used as a place of sectarian 27 religious worship or instruction, or in connection with any program or department of 28 divinity for any religious denomination. Upon the request of the Board of Public Works, the 29 grantee shall submit evidence satisfactory to the Board that none of the proceeds of the 30 loan or any matching funds hav e been or are being used for a purpose prohibited by this 31 Act. 32 (7) The proceeds of the loan must be expended or encumbered by the Board of 33 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 34 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 35 amount of the unencumbered or unexpended authorization shall be canceled and be of no 36 further effect. If bonds have been issued for the loan, the amount of unexpended or 37 unencumbered bond proceeds s hall be disposed of as provided in § 8 –129 of the State 38 Finance and Procurement Article. 39 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 40 1, 2017. 41
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Creation of a State Debt - Prince George's County - St. Nicholas Catholic Church Parish Hall
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Allowing a subtraction modification under the Maryland income tax for specified income of specified individuals resulting from the discharge of student loan debt; providing that the amount of the subtraction modification may not exceed $50,000 for an individual or $100,000 for a married couple filing jointly; requiring an individual to submit specified documentation to qualify for the subtraction modification; prohibiting an individual from claiming the subtraction modification under specified circumstances; etc.
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the purpose of allowing a subtraction modification under the Maryland income tax for 3 certain income of certain individuals resulting from the discharge of student loan 4 indebtedness; providing that the amount of the subtraction modification may not 5 exceed a certain amount for certain taxpayers; requiring an individual to submit 6 certain documentation to q ualify for the subtraction modification; prohibiting an 7 individual from claiming the subtraction modification under certain circumstances; 8 providing for the application of this Act; and generally relating to a subtraction 9 modification under the Maryland in come tax for certain income resulting from the 10 discharge of certain indebtedness. 11 BY repealing and reenacting, without amendments, 12 Article – Tax – General 13 Section 10 –207(a) and (aa) 14 Annotated Code of Maryland 15 (2010 Replacement Volume and 201 6 Supplement) 16 BY adding to 17 Article – Tax – General 18 Section 10 –207(ee) 19 Annotated Code of Maryland 20 (2010 Replacement Volume and 201 6 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Tax – General 24 10–207. 25 2 HOUSE BILL 1033 (a) To the extent included in federal adjusted gross income, the amounts under 1 this section are subtracted from the federal adjusted gross income of a resident to determine 2 Maryland adjusted gross income. 3 (aa) (1) The sub traction under subsection (a) of this section includes the amount 4 of student loan indebtedness discharged due to total and permanent disability or death. 5 (2) To qualify for the subtraction modification provided under this 6 subsection, an individual must attach to the individual’s income tax return or otherwise 7 file with Comptroller a copy of the notice stating that the loans have been discharged due 8 to total and permanent disability or death. 9 (EE) (1) SUBJECT TO THE LIMITA TION S OF THIS SUBSECTION , THE 10 SUBTRACTION UNDER SU BSECTION (A) OF THIS SECTION INCL UDES THE AMOUNT OF 11 STUDENT LOAN INDEBTE DNESS DISCHARGED . 12 (2) THE SUBTRACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION 13 MAY NOT EXCEED : 14 (I) $50,000 FOR AN INDIVIDUAL ; OR 15 (II) $100,000 FOR A MARRIED COUPLE FILIN G A JOINT RETURN . 16 (3) TO QUALIFY FOR THE SU BTRACTION MODIFICATI ON PROVIDED 17 UNDER THIS SUBSECTIO N, AN INDIVIDUAL MUST A TTACH TO THE INDIVID UAL’S 18 INCOME TAX RETURN OR OTHERWISE FILE WITH THE COMPTROLLER A COPY OF THE 19 NOTICE STATING THA T THE LOANS HAVE BEE N DISCHARGED . 20 (4) AN INDIVIDUAL MAY NOT CLAIM THE SUBTRACTIO N 21 MODIFICATION PROVIDE D UNDER THIS SUBSECT ION IF THE INDIVIDUA L CLAIMS 22 THE SUBTRACTION MODI FICATION UNDER SUBSE CTION (AA) OF THIS SECTION . 23 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24 1, 2017, and shall be applicable to all taxable years beginning after December 31, 2016. 25
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Income Tax - Subtraction Modification - Discharged Student Loan Debt
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Authorizing the creation of a State Debt not to exceed $400,000, the proceeds to be used as a grant to the Board of Directors of the MSBC Five Star Program, Inc. and the Board of Trustees of Morning Star Baptist Church of Baltimore County for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Morning Star Family Life Center, located in Baltimore County; prohibiting the use of the loan proceeds or matching fund for sectarian religious purposes; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $400,000, the 3 proceeds to be used as a grant to the Board of Direct ors of the MSBC Five Star 4 Program, Inc. and the Board of Trustees of Morning Star Baptist Church of 5 Baltimore County for certain development or improvement purposes; providing for 6 disbursement of the loan proceeds, subject to a requirement that the grantee provide 7 and expend a matching fund; prohibiting the use of the loan proceeds or matching 8 fund for sec taria n religious purposes; establishing a deadline for the encumbrance 9 or expenditure of the loan proceeds; and providing generally for the issuance and 10 sale of bonds evidencing the loan. 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That: 13 (1) The Board of Public Works may borrow money and incur indebtedness on 14 behalf of the State of Maryland through a State loan to be known as the Baltimore County 15 – Morning Star Family Life Center Loan of 2017 in a total principal amount equal to the 16 lesser of (i) $400,000 or (ii) the amount of the matching fund provided in accordance with 17 Section 1(5) below. This loan shall be evidenced by the issu ance, sale, and delivery of State 18 general obligation bonds authorized by a resolution of the Board of Public Works and 19 issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the 20 State Finance and Procurement Article. 21 (2) The bonds to evidence this loan or installments of this loan may be sold as a 22 single issue or may be consolidated and sold as part of a single issue of bonds under § 23 8–122 of the State Finance and Procurement Article. 24 (3) The cash proceeds of the sale of t he bonds shall be paid to the Treasurer and 25 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 26 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 27 2 HOUSE BILL 1034 the books of the Comptrolle r and expended, on approval by the Board of Public Works, for 1 the following public purposes, including any applicable architects’ and engineers’ fees: as a 2 grant to the Board of Directors of the MSBC Five Star Program, Inc. and the Board of 3 Trustees of Mor ning Star Baptist Church of Baltimore County (referred to hereafter in this 4 Act as “the grantee”) for the acquisition, planning, design, construction, repair, renovation, 5 reconstruction, site improvement, and capital equipping of the Morning Star Family Life 6 Center, located in Baltimore County. 7 (4) An annual State tax is imposed on all assessable property in the State in rate 8 and amount sufficient to pay the principal of and interest on the bonds, as and when due 9 and until paid in full. The principal shall be discharged within 15 years after the date of 10 issuance of the bonds. 11 (5) Prior to the payment of any funds under the provisions of this Act for the 12 purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching 13 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 14 from funds of the State, whether appropriated or unappropriated. The fund may consist of 15 real property, in kind contributions, or funds expended prior to the effective dat e of this 16 Act. In case of any dispute as to the amount of the matching fund or what money or assets 17 may qualify as matching funds, the Board of Public Works shall determine the matter and 18 the Board’s decision is final. The grantee has until June 1, 2019, t o present evidence 19 satisfactory to the Board of Public Works that a matching fund will be provided. If 20 satisfactory evidence is presented, the Board shall certify this fact and the amount of the 21 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 22 the matching fund shall be expended for the purposes provided in this Act. Any amount of 23 the loan in excess of the amount of the matching fund certified by the Board of Public Works 24 shall be canceled and be of no further effect . 25 (6) No portion of the proceeds of the loan or any of the matching funds may be 26 used for the furtherance of sectarian religious instruction, or in connection with the design, 27 acquisition, or construction of any building used or to be used as a place of sectarian 28 religious worship or instruction, or in connection with any program or department of 29 divinity for any religious denomination. Upon the request of the Board of Public Works, the 30 grantee shall submit evidence satisfactory to the Board that none of the proceeds of the 31 loan or any matching funds have been or are being used for a purpose prohibited by this 32 Act. 33 (7) The proceeds of the loan must be expended or encumbered by the Board of 34 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 35 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 36 amount of the unencumbered or unexpended authorization shall be canceled and be of no 37 further effect. If bonds have been issued for the loan, the am ount of unexpended or 38 unencumbered bond proceeds shall be disposed of as provided in § 8–129 of the State 39 Finance and Procurement Article. 40 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 41 1, 2017. 42
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Creation of a State Debt - Baltimore County - Morning Star Family Life Center
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Authorizing the State Highway Administration to issue a seasonal exceptional milk hauling permit that authorizes specified axle configurations and specified increased weight limits from March 1 until June 30 annually under specified circumstances.
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t he purpose of authorizing the State Highway Administration to issue a seasonal 3 exceptional milk hauling permit that authorizes certain axle configurations and 4 certain increased weight limits during a certain time period annually under certain 5 circumstances ; making this Act an emergency measure; and generally relating to the 6 seasonal exceptional milk hauling permit. 7 BY repealing and reenacting, with amendments, 8 Article – Transportation 9 Section 24 –113.2 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 24–113.2. 16 (a) Unless otherwise provided by federal law, an exceptional hauling permit 17 issued under this section is not valid on the interstate highway system, as defined in § 18 8–101(j) of this article. 19 (b) Notwithstanding any other provision of this title, the State Highway 20 Administration may issue an exceptional hauling permit for a combination of vehicles that: 21 (1) (i) Carries farm products as defined in § 10 –601(c) of the 22 Agriculture Article, other than milk, that: 23 2 HOUSE BILL 1035 1. Are loaded in fields or other off –highway locations; and 1 2. Are the only load of the vehicle; and 2 (ii) Has an axle configuration of not less than six axles and a 3 front –to–rear centerline axle spacing of not less than 50 feet; [or] 4 (2) (i) Carries to a processing plant raw liquid milk that is the only load 5 on the vehicle and is loaded from bulk liquid milk stor age tanks at one or more farm 6 locations; and 7 (ii) Has an axle configuration of not less than six axles and a 8 front –to–rear centerline axle spacing of not less than 50 feet ; OR 9 (3) (I) CARRIES TO A PROCESSI NG PLANT FROM MARCH 1 UNTIL 10 JUNE 30 RAW LIQUID MILK THAT IS THE ONLY LOAD ON THE VEHICLE AND IS 11 LOADED FROM BULK LIQ UID MILK STORAGE TAN KS AT ONE OR MORE FA RM 12 LOCATIONS ; AND 13 (II) HAS AN AXLE CONFIGURA TION OF FIVE AXLES A ND A 14 DISTANCE OF AT LEAST 28 FEET BETWEEN THE LAS T AXLE ON THE TRACTO R AND 15 THE FIRST AXLE ON TH E SEMITRAILER . 16 (c) A combination of vehicles operating under the authority of an exceptional 17 hauling permit issued under subsection (b) of this section shall: 18 (1) Comply with the following weight limits: 19 (i) A maximum of 20, 000 pounds gross weight on a single axle; 20 (ii) For any consecutive axle configuration of two or more axles on 21 individual vehicles in the combination, the maximum gross weight specified in § 24 –109(d) 22 of this subtitle; and 23 (iii) A maximum of: 24 1. 87,000 pounds gross combination weight for a combination 25 of vehicles carrying farm products other than milk; [or] 26 2. 95,000 pounds gross combination weight for a combination 27 of vehicles WITH AT LEAST SIX AXLES carrying milk; OR 28 3. 88,000 POUNDS GROSS COMBINA TION WEIGHT FOR A 29 COMBINATION OF VEHIC LES WITH FIVE AXLES CARRYING MILK ; 30 HOUSE BILL 1035 3 (2) Twice each year, submit to and pass a North American Standard 1 Driver/Vehicle Level 1 inspection; and 2 (3) Be allowed a load limit tolerance of only 1,000 pounds for gross 3 combination weight and 15% for axle weights. 4 (d) While operating a combination of vehicles under the authority of an 5 exceptional hauling permit issued under subsection (b) of this section, a person may not: 6 (1) Violate a highway restriction issued by a competent authority; 7 (2) Operate the combination of vehicles on the interstate highway system, 8 as defined in § 8 –101(j) of this article; 9 (3) Operate the combination of vehicles if the combination of vehicles 10 exceeds an y tire weight rating or tire speed restriction adopted under § 25 –111 of this 11 article; or 12 (4) Fail to comply with the terms and conditions of the exceptional hauling 13 permit. 14 (e) While operating a combination of vehicles under the authority of an 15 excep tional hauling permit issued under subsection (b) of this section, a person shall have 16 in the person’s possession: 17 (1) The original exceptional hauling permit issued for the vehicle; and 18 (2) For each vehicle in the combination of vehicles, a copy of a valid North 19 American Standard Driver/Vehicle Level 1 inspection report issued within the preceding 20 180 days that shows no out –of–service violations. 21 (f) (1) A violation of this section, regulations adopted to implement this 22 section, or the terms and co nditions of an exceptional hauling permit issued under 23 subsection (b) of this section shall: 24 (i) Void the authority granted under the exceptional hauling permit; 25 (ii) Subject the vehicle to all weight requirements and tolerances 26 specified in this a rticle; and 27 (iii) For a violation of a weight restriction specified in this section 28 that exceeds 5,000 pounds, subject the exceptional hauling permit to immediate 29 confiscation by an officer or authorized civilian employee of the Department of State Pol ice, 30 an officer of the Maryland Transportation Authority Police, or any police officer. 31 4 HOUSE BILL 1035 (2) A person who confiscates an exceptional hauling permit under 1 paragraph (1) of this subsection shall immediately notify the State Highway 2 Administration. 3 (3) On notification of the confiscation of an exceptional hauling permit, the 4 State Highway Administration shall review the confiscation, verify the violation of a weight 5 restriction, and, if the State Highway Administration determines that a violation did occu r, 6 revoke the permit. 7 (4) An owner or operator of a combination of vehicles may appeal the 8 revocation of an exceptional hauling permit to the State Highway Administrator or the 9 Administrator’s designee. 10 (g) (1) On request from the State Highway Administrator or the 11 Administrator’s designee, weight and delivery records of the holder of an exceptional 12 hauling permit that are kept in the normal course of business shall be provided by: 13 (i) The holder of the exceptional hauling permit; or 14 (ii) A facility that receives farm products, as defined in § 10 –601(c) 15 of the Agriculture Article, delivered by a vehicle operating under the authority of an 16 exceptional hauling permit. 17 (2) If the holder of an exceptional hauling permit or a facility that r eceives 18 farm products does not comply with a request under this subsection, the State Highway 19 Administration may: 20 (i) Suspend the holder’s exceptional hauling permit; or 21 (ii) Prohibit a vehicle from delivering farm products under the 22 authority of t he exceptional hauling permit to the noncompliant facility. 23 (h) (1) An applicant for an exceptional hauling permit shall pay to the State 24 Highway Administration: 25 (i) 1. $250 for the issuance of a new annual permit or the annual 26 renewal; or 27 2. $30 for the issuance of a 30 –day permit; 28 (ii) $1,000 for the reinstatement of a permit that was revoked under 29 subsection (f)(3) of this section for a first violation; and 30 (iii) $5,000 for the reinstatement of a permit that was revoked under 31 subsectio n (f)(3) of this section for a second or subsequent violation within the prior 24 32 months. 33 HOUSE BILL 1035 5 (2) A fee paid under this subsection is nonrefundable. 1 (i) Except as otherwise provided in this section, an exceptional hauling permit is 2 valid for: 3 (1) 1 year from the date of issuance for an annual permit; or 4 (2) 30 consecutive days for a 30 –day permit. 5 (j) In consultation with the Secretary of State Police, the State Highway 6 Administration shall adopt regulations to implement this section. 7 (k) (1) An exceptional hauling permit is issued under this section at the 8 discretion of the State Highway Administrator. 9 (2) The State Highway Administrator may stop issuing or renewing 10 exceptional hauling permits under this section if the Administrator determi nes that the 11 use of the permits is adversely affecting any part of the State highway system. 12 (3) The State Highway Administrator shall promptly report to the General 13 Assembly, in accordance with § 2 –1246 of the State Government Article, regarding any 14 decision to stop issuing or renewing exceptional hauling permits under this section and the 15 reason for the decision. 16 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 17 measure, is necessary for the immediate preservation of the public heal th or safety, has 18 been passed by a yea and nay vote supported by three –fifths of all the members elected to 19 each of the two Houses of the General Assembly, and shall take effect from the date it is 20 enacted. 21
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Motor Vehicles - Seasonal Exceptional Milk Hauling Permit
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Authorizing a person to apply for preliminary approval of a handgun permit without completing a certified firearms training course; requiring the Secretary to investigate an application for a handgun permit; requiring the Secretary to issue preliminary approval for a handgun permit if the applicant meets specified requirements except the required certified firearms training course; requiring an applicant to satisfy a specified firearm training requirement within 120 days after receipt of preliminary approval; etc.
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the purpose of authorizing a person to apply for preliminary approval of a handgun 3 permit without completing a certain firearm training requirement; requiring the 4 Secretary of State Police to investigate an application for a handgun permit to 5 determine if certain requirements have been satisfied; requiring the Secretary to 6 issue preliminary approval for a handgun permit if the applicant meets certain 7 requirements except for a certain firearm training requirement; requiring an 8 applicant to satisfy a cert ain firearm training requirement within a certain period of 9 time after receiving notice of preliminary approval of a handgun permit; requiring 10 the Secretary to revoke preliminary approval and deny a handgun permit if an 11 applicant does not fulfill a certain firearm training requirement within a certain 12 period of time; providing for the construction of this Act; and generally relating to 13 handgun permits. 14 BY repealing and reenacting, without am endments, 15 Article – Public Safety 16 Section 5 –301(a) and (d) 17 Annotated Code of Maryland 18 (2011 Replacement Volume and 2016 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – Public Safety 21 Section 5 –306 22 Annotated Code of Maryland 23 (2011 Replacement Volume and 2016 Supplement) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That the Laws of Maryland read as follows: 26 2 HOUSE BILL 1036 Article – Public Safety 1 5–301. 2 (a) In this subtitle the following words have the meanings indicated. 3 (d) “Permit” means a permit issued by the Secretary to carry, wear, or transport 4 a handgun. 5 5–306. 6 (a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 7 Secretary shall issue a permit within a reasonable time to a person who the Sec retary finds: 8 (1) is an adult; 9 (2) (i) has not been convicted of a felony or of a misdemeanor for which 10 a sentence of imprisonment for more than 1 year has been imposed; or 11 (ii) if convicted of a crime described in item (i) of this item, has been 12 pardoned or has been granted relief under 18 U.S.C. § 925(c); 13 (3) has not been convicted of a crime involving the possession, use, or 14 distribution of a controlled dangerous substance; 15 (4) is not presently an alcoholic, addict, or habitual user of a controlled 16 dangerous substance unless the habitual use of the controlled dangerous substance is under 17 legitimate medical direction; 18 (5) except as provided in subsection [(b)] (C) of this section, has 19 successfully completed [prior to application and each renewal, ] a firearms training course 20 approved by the Secretary that includes: 21 (i) 1. for an initial application, a minimum of 16 hours of 22 instruction by a qualified handgun instructor; or 23 2. for a renewal application, 8 hours of instruction by a 24 qualified handgun instructor; 25 (ii) classroom instruction on: 26 1. State firearm law; 27 2. home firearm safety; and 28 3. handgun mechanisms and operation; and 29 HOUSE BILL 1036 3 (iii) a firearms qualification component that demonstrates the 1 applicant’s profic iency and use of the firearm; and 2 (6) based on an investigation: 3 (i) has not exhibited a propensity for violence or instability that may 4 reasonably render the person’s possession of a handgun a danger to the person or to 5 another; and 6 (ii) has good and substantial reason to wear, carry, or transport a 7 handgun, such as a finding that the permit is necessary as a reasonable precaution against 8 apprehended danger. 9 (b) (1) A PERSON MAY APPLY FOR PRELIMINARY APPROVAL OF A PERMIT 10 WITHOUT COMPLETING A CERTIFIED FIREARMS T RAINING COURSE UNDER 11 SUBSECTION (A) OF THIS SECTION . 12 (2) ON APPLICATION FOR PRELIMINARY APPR OVAL OF A PERMIT , 13 THE SECRETARY SHALL CONDU CT AN INVESTIGATION TO DETERMINE IF THE 14 APPLICANT MEETS THE REQUIREMENTS UNDER S UBSECTION (A) OF THIS SECTION 15 EXCEPT THE REQUIRED CERTIFIED FIREARMS T RAINING COURSE . 16 (3) THE SECRETARY SHALL ISSUE PRELIMINARY APPROVAL OF A 17 PERMIT I F, AFTER THE INVESTIGAT ION, THE SECRETARY FINDS THAT , EXCEPT FOR 18 THE CERTIFIED FIREAR MS TRAINING COURSE , THE APPLICANT MEETS THE 19 REQUIREMENTS UNDER SUB SECTION (A) OF THIS SECTION . 20 (4) (I) WITHIN 120 DAYS AFTER RECEIPT O F PRELIMINARY 21 APPROVAL OF A PERMIT , THE APPLICANT MUST PROVIDE THE SECRETARY WITH 22 PROOF OF COMPLETION OF A CERTIFIED FIREARMS TRAINING COURSE UNDE R 23 SUBSECTION (A) OF THIS SECTION . 24 (II) IF THE SECRETARY DOES NOT RE CEIVE PROOF OF 25 COMPLETION OF A CERT IFIED FIREARMS TRAIN ING COURSE , THE SECRETARY 26 SHALL REVOKE THE PRE LIMINARY APPROVAL AN D DENY THE APPLICATI ON. 27 (5) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO 28 AUTHORIZ E THE ISSUANCE OF A PERMIT WITHOUT COMPL ETION OF A CERTIFIED 29 FIREARMS TRAINING CO URSE UNDER SUBSECTIO N (A) OF THIS SECTION . 30 (C) An applicant for a permit is not required to complete a certified firearms 31 training course under subsection (a) of this section if the applicant: 32 4 HOUSE BILL 1036 (1) is a law enforcement officer or a person who is retired in good standing 1 from service with a law enforcement agency of the United States, the State, or any loc al 2 law enforcement agency in the State; 3 (2) is a member, retired member, or honorably discharged member of the 4 armed forces of the United States or the National Guard; 5 (3) is a qualified handgun instructor; or 6 (4) has completed a firearms training course approved by the Secretary. 7 [(c)] (D) An applicant under the age of 30 years is qualified only if the Secretary 8 finds that the applicant has not been: 9 (1) committed to a detention, training, or correctional institution for 10 juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or 11 (2) adjudicated delinquent by a juvenile court for: 12 (i) an act that would be a crime of violence if committed by an adult; 13 (ii) an act that would be a felony in this State if committed by an 14 adult; or 15 (iii) an act that would be a misdemeanor in this State that carries a 16 statutory penalty of more than 2 years if committed by an adult. 17 [(d)] (E) The Secretary may issue a handgun qualification license, without an 18 addition al application or fee, to a person who: 19 (1) meets the requirements for issuance of a permit under this section; and 20 (2) does not have a handgun qualification license issued under § 5 –117.1 of 21 this title. 22 SECTION 2. AND BE IT FURTHER ENACTED, That t his Act shall take effect 23 October 1, 2017. 24
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Firearms - Handgun Permit - Preliminary Approval
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Modifying from 90 days to 1 year of the action giving rise to the complaint the time limit for filing a complaint with the Baltimore City Civilian Review Board; and requiring the complaint to be in writing on a form authorized by the Board and signed and sworn to under penalty of perjury by the complainant.
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the purpose of altering certain procedures for filing a complaint with the Baltimore 3 City Civilian Review Board; repealing certain time limits on filing a complaint; 4 authorizing the Board to review an incomplete complaint; authorizing a complainant 5 to request that a complaint be confidential; providing that a certain report, under 6 certain circu mstances, remains subject to a certain review and certain 7 recommendations by the Board; repealing a certain period of time within which the 8 Board is required to submit a certain statement to the head of a certain law 9 enforcement unit; repealing certain ref erences to the Secretary of the Board; making 10 certain stylistic and technical changes; altering certain definitions; and generally 11 relating to the Baltimore City Civilian Review Board. 12 BY repealing and reenacting, with amendments, 13 The Public Local Laws of Baltimore City 14 Section 16 –41 15 Article 4 – Public Local Laws of Maryland 16 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 17 (As enacted by Chapter 499 of the Acts of the General Assembly of 2006, as amended 18 by Chapter 130 of the Acts of the General Assembly of 2015) 19 BY repealing and reenacting, without amendments, 20 The Public Local Laws of Baltimore City 21 Section 16 –42(a) 22 Article 4 – Public Local Laws of Maryland 23 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 24 (As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 25 BY repealing and reenacting, with amendments, 26 The Public Local Laws of Baltimore City 27 2 HOUSE BILL 1037 Section 16 –43(b), 16 –44(c) through (e), and 16 –48(a) 1 Article 4 – Public Local Laws of Maryland 2 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 3 BY repealing 4 The Public Local Laws of Baltimore City 5 Section 16 –44(b) 6 Article 4 – Public Local Laws of Maryland 7 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 8 BY repealing and reenacting, without amendments, 9 The Public Local Laws of Baltimore City 10 Section 16 –45 11 Article 4 – Public Local Laws of Maryland 12 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 13 BY repealing and reenacting, with amendments, 14 The Public Local Laws of Baltimore City 15 Section 16 –46 16 Article 4 – Public Local Laws of Maryland 17 (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 18 (As enacted by Chapter 499 of the Acts of the General Assembly of 2006) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article 4 – Baltimore City 22 16–41. 23 (a) In this subheading the following words have the meanings indicated. 24 (b) (1) “Abusive language” means [the u se of remarks intended to be 25 demeaning, humiliating, mocking, insulting, or belittling that may or may not be based on 26 the actual or perceived race, color, religion, sex, national origin, sexual orientation, or 27 gender identity of an individual ] HARSH , VIOL ENT, PROFANE , OR DEROGATORY 28 LANGUAGE THAT WOULD DEMEAN THE DIGNITY O F AN INDIVIDUAL . 29 (2) “ABUSIVE LANGUAGE ” INCLUDES PROFANITY A ND RACIAL , 30 ETHNIC , OR SEXIST SLURS . 31 (c) (1) “Excessive force” means the use of greater physical force than 32 reasonably necessary to repel an attacker or terminate resistance. 33 (2) “Excessive force” does not include force that is reasonably necessary to 34 effect a lawful purpose. 35 HOUSE BILL 1037 3 (d) “False arrest” means an arrest made without legal justification. 1 (e) “False imprisonmen t” means the intentional restriction without legal 2 justification of the freedom of movement of a person who is aware of the restriction and 3 who does not consent. 4 (f) (1) “Harassment” means: 5 (i) repeated or unwarranted conduct that is intended to be o vertly 6 demeaning, humiliating , mocking, insulting, or belittling; [or] 7 (ii) any conduct that is intended to cause unnecessary physical 8 discomfort or injury [.]; OR 9 (III) UNWARRANTED THREATS OR UNWARRANTED DEMAN DS. 10 (2) “Harassment” does not include conduct that is reasonably necessary to 11 effect a lawful purpose. 12 (g) “Law enforcement unit” means: 13 (1) the Police Department of Baltimore City; 14 (2) the Baltimore City School Police; 15 (3) the Housing Authority of Baltimore City Police; 16 (4) the Baltimore City Sheriff’s Department; 17 (5) the Baltimore City Watershed Police Force; 18 (6) the police force of the Baltimore City Community College; or 19 (7) the police force of Morgan State University. 20 (h) “Police officer” means a member of a law enforcement unit authorized to make 21 arrests. 22 16–42. 23 (a) The Civilian Review Board of Baltimore City is established to provide a 24 permanent, statutory agency in Baltimore City through which: 25 (1) complaints lodged by members of the public regardi ng abusive 26 language, false arrest, false imprisonment, harassment, or excessive force by police officers 27 of a law enforcement unit shall be processed, investigated under § 16 –46 of this subheading, 28 and evaluated; and 29 4 HOUSE BILL 1037 (2) policies of a law enforcement un it may be reviewed. 1 16–43. 2 (b) At its first meeting each year, the Board shall elect a [Chairman ] CHAIR and 3 Secretary. 4 16–44. 5 [(b) (1) Except as provided in paragraph (2) of this subsection, a complaint shall 6 be made within 1 year of the action giving rise to the complaint. 7 (2) A complaint for excessive force shall be made within 90 days of the 8 alleged act of excessive force. ] 9 [(c)] (B) (1) [(i) The complaint shall be reduced to writing on a form 10 authorized by the Board, signed by the complainant, and witnessed by a notary public. 11 (ii) In addition to the requirements of subparagraph (i) of this 12 paragraph, a complaint for excessive force shall be sworn to by the complainant ] THE 13 COMPLAINT SHALL BE R EDUCED TO WRITING ON A FORM AUTHORI ZED BY THE 14 BOARD AND SIGNED BY T HE COMPLAINANT . 15 (2) The FORM FOR THE complaint THAT IS AUTHORIZED B Y THE BOARD 16 shall include REQUESTS FOR THE FOL LOWING INFORMATION : 17 (i) the name of the complainant; 18 (ii) if known, the name of the police officer a llegedly involved; 19 (iii) the date, time, and place of the alleged misconduct; 20 (iv) the circumstances of the alleged misconduct; and 21 (v) an explanation of the alleged misconduct that is deemed to be 22 wrongful. 23 (3) THE BOARD MAY REVIEW AN I NCOM PLETE COMPLAINT . 24 (4) A COMPLAINANT MAY REQU EST THAT THE COMPLAI NT BE KEPT 25 CONFIDENTIAL . 26 [(d)] (C) (1) One copy of the completed form shall be retained by the recipient 27 of the complaint and a copy given to the complainant. 28 HOUSE BILL 1037 5 (2) [A] EXCEPT FOR COMPLAINTS REQUESTED TO BE CONF IDENTIAL 1 UNDER SUBSECTION (B)(4) OF THIS SECTION , A copy shall be sent within 48 hours to 2 the Internal Investigative Division and [the Secretary of ] the Board. 3 (3) A COPY OF A COMPLAINT THAT IS REQUESTED TO BE 4 CONFIDENTIAL UNDER S UBSECTION (B)(4) OF THIS SECTION : 5 (I) SHALL BE SENT WITHIN 48 HOURS TO THE BOARD ; AND 6 (II) MAY NOT BE SENT TO T HE INTERNAL INVESTIGATIVE 7 DIVISION UNTIL AFTER THE BOARD SENDS ITS FINAL RECOMMENDATION TO TH E 8 HEAD OF THE APPROPRIATE LAW ENFO RCEMENT UNIT . 9 (4) A RECIPIENT OF A COMPL AINT THAT IS REQUEST ED TO BE 10 CONFIDENTIAL MAY NOT DISCLOSE THE INFORMA TION IN THE COMPLAIN T. 11 [(e)] (D) The [Secretary of the ] Board shall assign a consecutive number to each 12 complaint, and wi thin 48 hours, shall send a copy to each member of the Board. The 13 [Secretary ] BOARD shall also maintain on file a record of each complaint. 14 16–45. 15 (a) The Internal Investigative Division shall make a comprehensive investigation 16 of each complaint and sub mit its Internal Investigative Division Report relating to the 17 incident alleged to the Board within 90 days from the date of the complaint. 18 (b) For good cause shown, the Board may extend the time allowed to complete the 19 report required under subsection ( a) of this section. 20 16–46. 21 (a) (1) The Board shall review all complaints alleging police misconduct 22 described in § 16 –42(a)(1) of this subheading. 23 (2) The Board may investigate, simultaneously with the Internal 24 Investigative Division, each complaint it deems appropriate and report its findings to the 25 Internal Investigative Division. 26 (3) THE BOARD SHALL INVESTIGA TE INDEPENDENTLY A C OMPLAINT 27 THAT IS REQUESTED TO BE KEPT CONFIDENTIAL UNDER § 16–44(B)(4) OF THIS 28 SUBTITLE . 29 (b) (1) The Board may issue a subpoena, signed by the [Chairman ] CHAIR of 30 the Board, to compel: 31 6 HOUSE BILL 1037 (i) the attendance and testimony of a witness other than the accused 1 officer; and 2 (ii) the production of any book, record , or other document. 3 (2) If a person fails to comply with a subpoena issued under this subsection, 4 on petition of the Board, a court of competent jurisdiction may compel compliance with the 5 subpoena. 6 (3) A police officer may submit a witness list to the Board 10 days or more 7 before the Bo ard takes testimony. 8 (4) The [Chairman or the Secretary of the Board ] CHAIR OR THE CHAIR’S 9 DESIGNEE may administer oaths in connection with any proceeding of the Board. 10 (5) The police officer or the police officer’s representative shall have the 11 right to question witnesses who testify about the complaint. 12 (6) All witness testimony shall be recorded. 13 (c) (1) The Board shall review the Internal Investigative Division’s Report. 14 (2) IF THE INTERNAL INVESTIGATIVE DIVISION INVESTIGATES AN 15 EXCESSIVE FORCE INCIDENT WHERE THERE HAS NOT BEEN A FORMAL COMPLAINT 16 FILED BY A CIVILIAN , THE INTERNAL INVESTIGATIVE DIVISION’S REPORT REMAINS 17 SUBJECT TO REVIEW AN D RECOMMENDATION BY THE CIVILIAN REVIEW BOARD IN 18 ACCORDANCE WITH PARA GRAPH (3) OF THIS SUBSECTION . 19 [(2)] (3) On review of the Internal Investigative Division Report 20 and the Board’s investigative report, if any, of each case, the Board shall recommend to the 21 head of the appropriate law enforcement unit one of the following actions: 22 (i) sustain the complaint and may recommend the appropriate 23 disciplinary action against the police officer; 24 (ii) not sustain the complaint; 25 (iii) exonerate the police officer; 26 (iv) find that the complaint is unfounded; or 27 (v) require further investigation by the Internal Investigative 28 Division. 29 HOUSE BILL 1037 7 (d) The Board shall submit a statement of its findings and recommendations to 1 the head of the appropriate law enforcement unit [within 30 days of receipt of the Internal 2 Investigative Division Report ]. 3 16–48. 4 (a) The head of the appropriate law enforcement unit has final decision –making 5 responsibility for the appropriate disciplinary action in each case, but the head of the law 6 enforcement unit may not take final action until after reviewing the recommendation of the 7 Board under [§ 16–46(c)(2) ] § 16–46(C)(3) of this subheading. 8 SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect July 9 1, 2017 . 10
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Baltimore City - Civilian Review Board
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Reducing from 4.75% to 4.5% the State income tax rate imposed on the Maryland taxable income of specified individuals with income between $3,001 and $100,000 and specified spouses filing a joint return or surviving spouses or heads of household with income between $3,001 and $150,000; reducing from 5% to 4.75% the State income tax rate imposed on the Maryland taxable income of specified spouses filing a joint return or surviving spouses or heads of household with income between $150,001 and $175,000; etc.
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the purpose of altering the State income tax rate on the Maryland taxable income of 3 certain individuals ; providing for the application of this Act; providing for a delayed 4 effective date; and generally relating to the State individual income tax . 5 BY repealing and reenacting, with amendments, 6 Article – Tax – General 7 Section 10 –105(a) 8 Annotated Code of Maryland 9 (2016 Replacement 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 (a) (1) For an individual other than an individual described in paragraph (2) 15 of this subsection, the State income tax rate is: 16 (i) 2% of Maryland taxable income of $1 through $1,000; 17 (ii) 3% of Maryland taxable income of $1,001 through $2,000; 18 (iii) 4% of Maryland taxable in come of $2,001 through $3,000; 19 2 HOUSE BILL 1038 (iv) [4.75% ] 4.5% of Maryland taxable income of $3,001 through 1 $100,000; 2 (v) 5% of Maryland taxable income of $100,001 through $125,000; 3 (vi) 5.25% of Maryland taxable income of $125,001 through $150,000; 4 (vii) 5.5% of Maryland taxable income of $150,001 through $250,000; 5 and 6 (viii) 5.75% of Maryland taxable income in excess of $250,000. 7 (2) For spouses filing a joint return or for a surviving spouse or head of 8 household as defined in § 2 of the Inte rnal Revenue Code, the State income tax rate is: 9 (i) 2% of Maryland taxable income of $1 through $1,000; 10 (ii) 3% of Maryland taxable income of $1,001 through $2,000; 11 (iii) 4% of Maryland taxable income of $2,001 through $3,000; 12 (iv) [4.75% ] 4.5% of Maryland taxable income of $3,001 through 13 $150,000; 14 (v) [5%] 4.75% of Maryland taxable income of $150,001 through 15 $175,000; 16 (vi) 5.25% of Maryland taxable income of $175,001 through $225,000; 17 (vii) 5.5% of Maryland taxable income of $2 25,001 through $300,000; 18 and 19 (viii) 5.75% of Maryland taxable income in excess of $300,000. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 1, 201 8, and shall be applicable to all taxable years beginning after December 31, 2017 . 22
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Income Tax - Rates
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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 Anacostia Trails Heritage Area, Inc. and the Board of Directors of Pyramid Atlantic, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Maryland Milestones Heritage Center, 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 not to exceed $50,000, the 4 proceeds to be used as a grant to the Board of Directors of the Anacostia Trails 5 Heritage Area, Inc. and the Board of Directors of Pyramid Atlantic, Inc. for certain 6 development or improvement purposes; providing for disbursement of the loan 7 proceeds, subject to a requirement th at the grantee provide and expend a matching 8 fund; establishing a deadline for the encumbrance or expenditure of the loan 9 proceeds; and providing generally for the issuance and sale of bonds evidencing the 10 loan. 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That: 13 (1) The Board of Public Works may borrow money and incur indebtedness on 14 behalf of the State of Maryland through a State loan to be known as the Prince George ’s 15 County – Maryland Milestones Heritage Center Loan of 2017 in a total principal amount 16 equal to the lesser of (i) $50,000 or (ii) the amount of the matching fund provided in 17 accordance with Section 1(5) below. This loan shall be evidenced by the issuance, sale, and 18 delivery of State general obligation bonds authorized by a resolution of the Board of Public 19 Works and issued, sold, and delivered in accordance with §§ 8 –117 through 8 –124 and 20 8–131.2 of the State Finance and Procurement Article. 21 (2) The bon ds to evidence this loan or installments of this loan may be sold as a 22 single issue or may be consolidated and sold as part of a single issue of bonds under § 23 8–122 of the State Finance and Procurement Article. 24 (3) The cash proceeds of the sale of the b onds shall be paid to the Treasurer and 25 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 26 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 27 2 HOUSE BILL 1039 the books of the Comptroller an d expended, on approval by the Board of Public Works, for 1 the following public purposes, including any applicable architects’ and engineers’ fees: as a 2 grant to the Board of Directors of the Anacostia Trails Heritage Area, Inc. and the Board 3 of Directors o f Pyramid Atlantic, Inc. (referred to hereafter in this Act as “the grantee”) for 4 the acquisition, planning, design, construction, repair, renovation, reconstruction, site 5 improvement, and capital equipping of the Maryland Milestones Heritage Center, 6 inclu ding the purchase and installation of exhibits, located in Prince George ’s County. 7 (4) An annual State tax is imposed on all assessable property in the State in rate 8 and amount sufficient to pay the principal of and interest on the bonds, as and when due 9 and until paid in full. The principal shall be discharged within 15 years after the date of 10 issuance of the bonds. 11 (5) Prior to the payment of any funds under the provisions of this Act for the 12 purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching 13 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 14 from funds of the State, whether appropriated or unappropriated. The fund may consist of 15 real property, in kind contributions, or fu nds expended prior to the effective date of this 16 Act. In case of any dispute as to the amount of the matching fund or what money or assets 17 may qualify as matching funds, the Board of Public Works shall determine the matter and 18 the Board’s decision is final . The grantee has until June 1, 2019, to present evidence 19 satisfactory to the Board of Public Works that a matching fund will be provided. If 20 satisfactory evidence is presented, the Board shall certify this fact and the amount of the 21 matching fund to the S tate Treasurer, and the proceeds of the loan equal to the amount of 22 the matching fund shall be expended for the purposes provided in this Act. Any amount of 23 the loan in excess of the amount of the matching fund certified by the Board of Public Works 24 shall be canceled and be of no further effect. 25 (6) The proceeds of the loan must be expended or encumbered by the Board of 26 Public Works for the purposes provided in this Act no later than June 1, 2024. If any funds 27 authorized by this Act remain unexpended or u nencumbered after June 1, 2024, the 28 amount of the unencumbered or unexpended authorization shall be canceled and be of no 29 further effect. If bonds have been issued for the loan, the amount of unexpended or 30 unencumbered bond proceeds shall be disposed of as provided in § 8–129 of the State 31 Finance and Procurement Article. 32 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 33 1, 2017. 34
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Creation of a State Debt - Prince George's County - Maryland Milestones Heritage Center
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Authorizing the Central Collection Unit to file a notice of lien for the collection of specified State debt, interest, fees, or penalties due from a debtor; requiring the Central Collection Unit to provide a debtor with written notice that contains specified information at least 30 calendar days before filing a notice of lien; authorizing a debtor to request an investigation of the debt; etc.
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the purpose of authorizing the Central Collection Unit to file a notice of lien for the 3 collection of certain State debt, interest, fees , or penalties due from a debtor; 4 requiring the Department of Budget and Management to establish by regulation 5 certain cat egories of debt for which a notice of lien may be filed; requiring the Central 6 Collection Unit to provide a debtor with written notice that contains certain 7 information before a notice of lien is filed; authorizing a debtor to request an 8 investigation of the debt within a certain period of time and requiring the Central 9 Collection Unit to investigate if requested; requiring the Central Collection Unit to 10 make a written determination within a certain period of time; requiring the written 11 determination to advise a debtor of the right to appeal; prohibiting a notice of lien 12 from being filed until a final decision is made on an appeal; and generally relating to 13 the collection of State debt by the Central Collection Unit. 14 BY adding to 15 Article – State Finance and Procurement 16 Section 3 –308 17 Annotated Code of Maryland 18 (2015 Replacement Volume and 2016 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article – State Finance and Procurement 22 3–308. 23 2 HOUSE BILL 104 (A) (1) IN ADDITION TO THE AUTHORITY PROVIDED UNDER THIS 1 SUBTITLE , THE CENTRAL COLLECTION UNIT MAY FILE A NOTIC E OF LIEN WITH THE 2 CLERK OF THE CIRCUIT COURT FOR THE COUNTY WHERE THE PROPERTY O F A 3 DEBTOR IS LOCATED . 4 (2) THE CENTRAL COLLECTION UNIT SHALL SEND A COP Y OF THE 5 NOTICE OF LIEN TO TH E DEBTO R. 6 (B) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION THOSE CLASSES 7 OR CATEGORIES OF DEB TS, INCLUDING ANY MINIMU M DEBT AMOUNT , FOR WHICH 8 THE CENTRAL COLLECTION UNIT MAY FILE A NOTIC E OF LIEN . 9 (C) THE AMOUNT , INCLUDING ANY INTERE ST, COLLECTION FEE , OR 10 PEN ALTY CHARGE , DUE TO THE CENTRAL COLLECTION UNIT FROM A DEBTOR , AS 11 OF THE TIME THE NOTI CE OF LIEN IS FILED : 12 (1) IS A LIEN ON THE PRO PERTY OF THE DEBTOR ; AND 13 (2) HAS THE SAME EFFECT AS A JUDGMENT LIEN . 14 (D) (1) AT LEAST 30 CALENDAR DAYS BEFORE FILING A NOTICE OF LIEN , 15 THE CENTRAL COLLECTION UNIT SHALL NOTIFY THE DEBTOR IN WRITING TH AT IT 16 INTENDS TO FILE A NO TICE OF LIEN . 17 (2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 18 SUBSECTION SHALL ADV ISE THE DEBTOR OF : 19 (I) THE AMOUNT DUE AND O WING ; 20 (II) THE BASIS OF THE DEB T; 21 (III) THE OPPORTUNITY TO R EQUEST AN INVESTIGAT ION OF THE 22 DEBT IN ACCORDANCE W ITH SUBSECTION (E) OF THIS SECTION ; AND 23 (IV) AFTER AN INVESTIGATI ON, THE RIGHT TO CONTEST ANY 24 ADVERSE DETERMINATIO N IN A HEARING BEFOR E THE OFFICE OF ADMINISTRATIVE 25 HEARINGS IN ACCORDANC E WITH TITLE 10, SUBTITLE 2 OF THE STATE 26 GOVERNMENT ARTICLE . 27 (E) WITHIN 30 DAYS AFTER THE DATE O F NOTIFICATION FROM THE 28 CENTRAL COLLECTION UNIT UNDER SUBSECTION (D) OF THIS SECTION , A DEBTOR 29 MAY REQUEST IN WRIT ING THAT THE CENTRAL COLLECTION UNIT INVESTIGATE A 30 DEBT . 31 HOUSE BILL 104 3 (F) (1) ON RECEIPT OF A WRITT EN REQUEST FOR AN IN VESTIGATION , 1 THE CENTRAL COLLECTION UNIT SHALL INVESTIGAT E ANY DISPUTED DEBT WITH 2 THE STATE AGENCY THAT REF ERRED THE DEBT . 3 (2) THE CENTRAL COLLECTION UNIT SHALL MAKE A WRI TTEN 4 DETERMINATION WITHIN 15 CALENDAR DAYS AFTER IT RECEIVES A WRITTE N 5 REQUEST FOR INVESTIG ATION FROM THE DEBTO R. 6 (3) IF THE CENTRAL COLLECTION UNIT DETERMINES THAT A DEBT 7 REFERRED TO THE CENTRAL COLLECTION UNIT IS IN ERR OR, IT SHALL : 8 (I) CORRECT ANY ERROR PE RTAINING TO THE DEBT 9 REFERRED ; OR 10 (II) DISCONTINUE FILING A NOTICE OF L IEN. 11 (G) (1) THE WRITTEN DETERMINA TION ISSUED BY THE CENTRAL 12 COLLECTION UNIT UNDER SUBSECTION (F) OF THIS SECTION SHAL L ADVISE THE 13 DEBTOR OF THE RIGHT TO APPE AL AN ADVERSE DECISI ON TO THE OFFICE OF 14 ADMINISTRATIVE HEARINGS WITHIN 30 CALENDAR DAYS OF THE DATE OF THE 15 WRITTEN DETERMINATIO N OF THE CENTRAL COLLECTION UNIT, IN ACCORDANCE 16 WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE . 17 (2) IF A TIMELY APPEAL TO THE OFFICE OF ADMINISTRATIVE 18 HEARINGS IS FILED , THE CENTRAL COLLECTION UNIT MAY NOT FILE A NOTICE OF 19 LIEN THAT IS THE SUB JECT OF THE APPEAL U NTIL AFTER A FINAL D ECISION IS 20 ISSUED BY THE OFFICE OF ADMINISTRATIVE HEARINGS . 21 SECTI ON 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22 1, 2017. 23
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Central Collection Unit - Collection of Debt - Liens
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Authorizing the creation of a State Debt not to exceed $30,000, the proceeds to be used as a grant to the Board of Directors of the Towson High School Sports Booster Club, Inc. and the Board of Education of Baltimore County for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of bleachers at the Towson High School Stadium, located in Baltimore County; providing for disbursement of the loan proceeds; etc.
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the purpose of authorizing the creation of a State Debt not to exceed $30,000, the 3 proceeds to be used as a grant to the Board of Directors of the Towson High School 4 Sports Booster Club, Inc . and the Board of Education of Baltimore County for certain 5 development or improvement purposes; providing for disbursement of the loan 6 proceeds, subject to a requirement that the grantee provide and expend a mat ching 7 fund; establishing a deadline for the encumbrance or expenditure of the loan 8 proceeds; and providing generally for the issuance and sale of bonds evidencing the 9 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 Baltimore County 14 – Towson High School Stadium Loan of 2017 in a total principal amount equal to the lesser 15 of (i) $30,0 00 or (ii) the amount of the matching fund provided in accordance with Section 16 1(5) below. This loan shall be evidenced by the issuance, sale, and delivery of State general 17 obligation bonds authorized by a resolution of the Board of Public Works and issued , sold, 18 and delivered in accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the State Finance 19 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 pa rt of a single issue of bonds under § 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 de livering the 25 bonds, unless funds 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 1040 the following public purposes, including any applicable archite cts’ and engineers’ fees: as a 1 grant to the Board of Directors of the Towson High School Sports Booster Club, Inc . and 2 the Board of Education of Baltimore County (referred to hereafter in this Act as “the 3 grantee”) for the acquisition, planning, design, co nstruction, repair, renovation, 4 reconstruction, site improvement, and capital equipping of bleachers at the Towson High 5 School Stadium, located in Baltimore County. 6 (4) An annual State tax is imposed on all assessable property in the State in rate 7 and am ount sufficient to pay the principal of and interest on the bonds, as and when due 8 and until paid in full. The principal shall be discharged within 15 years after the date of 9 issuance of the bonds. 10 (5) Prior to the payment of any funds under the provisio ns of this Act for the 11 purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching 12 fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, 13 from funds of the State, whether appropriated or u nappropriated. No part of the fund may 14 consist of real property, in kind contributions, or funds expended prior to the effective date 15 of this Act. In case of any dispute as to the amount of the matching fund or what money or 16 assets may qualify as matching funds, the Board of Public Works shall determine the 17 matter and the Board’s decision is final. The grantee has until June 1, 2019, to present 18 evidence satisfactory to the Board of Public Works that a matching fund will be provided. 19 If satisfactory evidence is presented, the Board shall certify this fact and the amount of the 20 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 21 the matching fund shall be expended for the purposes provided in this Act. Any amount of 22 the lo an in excess of the amount of the matching fund certified by the Board of Public Works 23 shall be canceled and be of no further effect. 24 (6) The proceeds of the loan must be expended or encumbered by the Board of 25 Public Works for the purposes provided in th is Act no later than June 1, 2024. If any funds 26 authorized by this Act remain unexpended or unencumbered after June 1, 2024, the 27 amount of the unencumbered or unexpended authorization shall be canceled and be of no 28 further effect. If bonds have been issued for the loan, the amount of unexpended or 29 unencumbered bond proceeds shall be disposed of as provided in § 8–129 of the State 30 Finance and Procurement Article. 31 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 32 1, 2017. 33
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Creation of a State Debt - Baltimore County - Towson High School Stadium
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Increasing the minimum and maximum limitation amounts of the standard deduction allowed under the State income tax for taxable years beginning after December 31, 2017, by a specified cost-of-living adjustment; etc.
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the purpose of altering the minimum and maximum limitation amounts of certain 3 standard deductions allowed under the State income tax for certain taxable years by 4 a certain cost –of–living adjustment; and generally relating to a cost–of–living 5 adjustment for certain standard deductions allowed under the State income tax. 6 BY adding to 7 Article – Tax – General 8 Section 10 –217(d) 9 Annotated Code of Maryland 10 (2016 Replacement Volume ) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Tax – General 14 10–217. 15 (D) (1) FOR EACH TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 16 2017 , EACH MINIMUM AND MAX IMUM STANDARD DEDUCT ION LIMITATION AMOUN T 17 SPECIFIED IN SUBSECT ION (C) OF THIS SECTION SHAL L BE INCREASED BY AN 18 AMOUNT EQUAL TO THE PRODUCT OF MULTIPLYI NG THE MINIMUM AND M AXIMUM 19 STANDARD DEDUCTION L IMITATION AMOUNT TIM ES THE COST –OF–LIVING 20 ADJUSTMENT SPECIFIED IN THIS SUBSECTION . 21 2 HOUSE BILL 1041 (2) FOR PURPOSES OF THIS SUBSECTION , THE C OST–OF–LIVING 1 ADJUSTMENT IS THE CO ST–OF–LIVING ADJUSTMENT WI THIN THE MEANING OF § 2 1(F)(3) OF THE INTERNAL REVENUE CODE FOR THE CALENDAR YEAR IN WHICH A 3 TAXABLE YEAR BEGINS , AS DETERMINED BY THE COMPTROLLER BY SUBSTITUTING 4 “CALENDAR YEAR 2016” FOR “CALENDAR YEAR 1992” IN § 1(F)(3)( B) OF THE 5 INTERNAL REVENUE CODE. 6 (3) IF ANY INCREASE DETER MINED UNDER PARAGRAP H (1) OF THIS 7 SUBSECTION IS NOT A MULTIPLE OF $50, THE INCREASE SHALL B E ROUNDED DOWN 8 TO THE NEXT LOWEST M ULTIPLE OF $50. 9 SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect July 10 1, 2017 . 11
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Income Tax - Standard Deduction - Inflation Adjustment
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Increasing the amount of specified exemptions allowed under the State income tax for taxable years beginning after December 31, 2017, by a specified cost-of-living adjustment.
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the purpose of altering the amount of certain exemptions allowed under the State 3 income tax for certain taxable years by a certain cost –of–living adjustment; and 4 generally relating to a cost –of–living adjustment for certain ex emptions allowed 5 under the State income tax. 6 BY adding to 7 Article – Tax – General 8 Section 10 –211(c) 9 Annotated Code of Maryland 10 (2016 Replac ement Volume ) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Tax – General 14 10–211. 15 (C) (1) FOR EACH TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 16 2017 , EACH PER –EXEMPTION AMOUNT SPE CIFIED IN SUBSECTION S (A) AND (B) OF 17 THIS SECTION SHALL B E INCREASED BY AN AM OUNT EQUAL TO THE PR ODUCT OF 18 MULTIPLY ING THE PER –EXEMPTION DEDUCTION AMOUNT TIMES THE 19 COST–OF–LIVING ADJUSTMENT SP ECIFIED IN THIS SUBS ECTION . 20 (2) FOR PURPOSES OF THIS SUBSECTION , THE COST –OF–LIVING 21 ADJUSTMENT IS THE CO ST–OF–LIVING ADJUSTMENT WI THIN THE MEANING OF § 22 2 HOUSE BILL 1042 1(F)(3) OF THE INTERNAL REVENUE CODE FOR THE CALENDAR YEAR IN WHICH A 1 TAXABLE YEAR BEGINS , AS DETERMINED BY THE COMPTROLLER BY SUBSTITUTING 2 “CALENDAR YEAR 2016” FOR “CALENDAR YEAR 1992” IN § 1(F)(3)( B) OF THE 3 INTERNAL REVENUE CODE. 4 (3) IF ANY INCREASE DETER MINED UNDER PARAGRAPH (1) OF THIS 5 SUBSECTION IS NOT A MULTIPLE OF $50, THE INCREASE SHALL B E ROUNDED DOWN 6 TO THE NEXT LOWEST M ULTIPLE OF $50. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect July 8 1, 2017 . 9
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Income Tax - Personal Exemptions - Inflation Adjustment
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Prohibiting a driver of a motor vehicle from smoking or consuming marijuana in the passenger area of a motor vehicle on a highway; and prohibiting an occupant of a motor vehicle from smoking marijuana in the passenger area of the motor vehicle on a highway.
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the purpose of prohibiting a person from smoking mari juana in certain public places 3 subject to a certain exception ; providing for the expungement of a conviction for 4 smoking marijuana in a public place ; providing that a co nviction for smoking 5 marijuana in a public place is a shieldable conviction for a certain purpose; 6 prohibitin g a driver of a motor vehicle f rom smoking or consuming marijuana in the 7 passenger area of a motor vehicle on a highway; prohibiting an occupant of a motor 8 vehicle from smoking marijuana in the passenger area of the motor vehicle on a 9 highway; establishing certain pen alties; defining certain terms; and generally 10 relating to smoking marijuana. 11 BY repealing and reenacting, without amendments, 12 Article – Criminal Law 13 Section 5 –601(a) 14 Annotated Code of Maryland 15 (2012 Replacement Volume and 2016 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Criminal Law 18 Section 5 –601(c)(1) 19 Annotated Code of Maryland 20 (2012 Replacement Volume and 2016 Supplement) 21 BY repealing 22 Article – Criminal Law 23 Section 5 –601(c)(4) 24 Annotated Code of Maryland 25 (2012 Replacement Volume and 2016 Supplement) 26 2 HOUSE BILL 1043 BY adding to 1 Article – Criminal Law 2 Section 5 –601.2 3 Annotated Code of Maryland 4 (2012 Replac ement Volume and 2016 Supplement) 5 BY repealing and reenacting, with amendments, 6 Article – Criminal Procedure 7 Section 10 –105(a) and 10 –301(f) 8 Annotated Code of Maryland 9 (2008 Replacement Volume and 2016 Supplement) 10 BY repealing and reenacting, without amendments, 11 Article – Criminal Procedure 12 Section 10 –301(a) 13 Annotated Code of Maryland 14 (2008 Replacement Volume and 2016 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Transportation 17 Section 21 –903 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 5–601. 24 (a) Except as otherwise provided in this title, a person may not: 25 (1) possess or administer to another a controlled dangerous substance, 26 unless obtained directly or by prescription or order from an authorized provider acting in 27 the course of professional practice; or 28 (2) obtain or attempt to obtain a controlled dangerous substance, or 29 procure or attempt to procure the administration of a controlled dangerous substance by: 30 (i) fraud, deceit, misrepresentation, or subterfuge; 31 (ii) the counterfeiting or alteration of a prescription or a written 32 order; 33 (iii) the co ncealment of a material fact; 34 HOUSE BILL 1043 3 (iv) the use of a false name or address; 1 (v) falsely assuming the title of or representing to be a 2 manufacturer, distributor, or authorized provider; or 3 (vi) making, issuing, or presenting a false or counterfeit pr escription 4 or written order. 5 (c) (1) Except as provided in paragraphs [(2), (3), and (4) ] (2) AND (3) of this 6 subsection, a person who violates this section is guilty of a misdemeanor and on conviction 7 is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both. 8 [(4) A violation of this section involving the smoking of mari juana in a 9 public place is a civil offense punishable by a fine not exceeding $500. ] 10 5–601.2 . 11 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12 INDICATED . 13 (2) “PUBLIC CONVEYANCE ” HAS THE MEANING STAT ED IN § 10–201 14 OF THIS ARTICLE . 15 (3) “PUBLIC PLACE ” HAS THE MEANING STAT ED IN § 10–201 OF THIS 16 ARTICLE . 17 (B) THIS SECTION DOES NOT APPLY TO THE USE OF A VAPORIZER BY A 18 QUALIFYING PATIENT , AS DEFINED IN § 13–3301 OF THE HEALTH – GENERAL 19 ARTICLE . 20 (C) FOR PURPOSES OF PROSE CUTION UNDER THIS SECTION , A PUBLIC 21 PLACE OR PUBLIC CONV EYANCE NEED NOT BE D EVOTED SOLELY TO PUB LIC USE . 22 (D) A PERSON MAY NOT SMOKE MARIJUANA : 23 (1) IN A PUBLIC PLACE ; 24 (2) IN OR ON A PUBLIC CO NVEYANCE ; OR 25 (3) IN ANY AREA OTHERWIS E ACCESSIBLE TO THE PUBLIC , 26 INCLUDIN G: 27 (I) AN INDOOR AREA OPEN TO THE PUBLIC ; 28 4 HOUSE BILL 1043 (II) AN INDOOR PLACE IN W HICH MEETINGS ARE OP EN TO THE 1 PUBLIC ; 2 (III) A GOVERNMENT –OWNED OR GOVERNMENT –OPERATED 3 MEANS OF MASS TRANSP ORTATION ; OR 4 (IV) AN INDOOR PLACE OF E MPLOYMENT . 5 (E) A PERSON WHO VIOLATES THIS SECTIO N IS GUILTY OF A MIS DEMEANOR 6 AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $500. 7 Article – Criminal Procedure 8 10–105. 9 (a) A person who has been charged with the commission of a crime, including a 10 violation of the Transportation Article for which a term of imprisonment may be imposed, 11 or who has been charged with a civil offense or infraction, except a juvenile offense, as a 12 substitute for a criminal charge may file a petition listing relevant facts for expungement 13 of a police record, court record, or other record maintained by the State or a political 14 subdivision of the State if: 15 (1) the person is acquitted; 16 (2) the charge is otherwise dismissed; 17 (3) a probation before judgment is entered, unless the person is charged 18 with a violation of § 21 –902 of the Transportation Article or Title 2, Subtitle 5 or § 3 –211 19 of the Criminal Law Article; 20 (4) a nolle prosequi or nolle prosequi with the requirement of drug or 21 alcohol treatment is entered; 22 (5) the court i ndefinitely postpones trial of a criminal charge by marking 23 the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment 24 on the docket; 25 (6) the case is compromised under § 3 –207 of the Criminal Law Article; 26 (7) the charg e was transferred to the juvenile court under § 4 –202 of this 27 article; 28 (8) the person: 29 (i) is convicted of only one criminal act, and that act is not a crime 30 of violence; and 31 HOUSE BILL 1043 5 (ii) is granted a full and unconditional pardon by the Governor; 1 (9) the person was convicted of a crime or found not criminally responsible 2 under any State or local law that prohibits: 3 (i) urination or defecation in a public place; 4 (ii) panhandling or soliciting money; 5 (iii) drinking an alcoholic beverage in a public place; 6 (iv) obstructing the free passage of another in a public place or a 7 public conveyance; 8 (v) sleeping on or in park structures, such as benches or doorways; 9 (vi) loitering; 10 (vii) vagrancy; 11 (viii) riding a transit vehicle w ithout paying the applicable fare or 12 exhibiting proof of payment; [or] 13 (ix) except for carrying or possessing an explosive, acid, concealed 14 weapon, or other dangerous article as provided in § 7 –705(b)(6) of the Transportation 15 Article, any of the acts specified in § 7 –705 of the Transportation Article; OR 16 (X) SMOKING MARIJUANA IN A PUBLIC PLACE ; 17 (10) the person was found not criminally responsible under any State or 18 local law that prohibits misdemeanor: 19 (i) trespass; 20 (ii) disturbing the p eace; or 21 (iii) telephone misuse; or 22 (11) the person was convicted of a crime and the act on which the conviction 23 was based is no longer a crime. 24 10–301. 25 (a) In this subtitle the following words have the meaning indicated. 26 (f) “Shieldable conviction” means a conviction of one of the following crimes: 27 6 HOUSE BILL 1043 (1) disorderly conduct under § 10 –201(c)(2) of the Criminal Law Article; 1 (2) disturbing the peace under § 10 –201(c)(4) of the Criminal Law Article; 2 (3) failure to obey a reasonable and lawful order under § 10 –201(c)(3) of the 3 Criminal Law Article; 4 (4) malicious destruction of property in the lesser degree under § 6 –301 of 5 the Criminal Law Article; 6 (5) trespass on posted property under § 6 –402 of the Criminal Law Article; 7 (6) possessing or administering a controlled dangerous substance under § 8 5–601 of the Criminal Law Article; 9 (7) possessing or administering a noncontrolled substance under § 10 5–618(a) of the Criminal Law Article; 11 (8) use of or possession with intent to use drug paraphernalia under § 12 5–619(c)(2) of the Criminal Law Article; 13 (9) driving without a license under § 16 –101 of the Transportation Article; 14 (10) driving while privilege is canceled, suspen ded, refused, or revoked 15 under § 16–303 of the Transport ation Article; 16 (11) driving while uninsured under § 17 –107 of the Transportation Article; 17 [or] 18 (12) a prostitution offense under § 11 –306(a)(1) of the Criminal Law Article 19 if the conviction is for prostitution and not assignation ; OR 20 (13) SMOKING MARIJUANA IN A PUBLI C PLACE . 21 Article – Transportation 22 21–903. 23 (a) (1) In this section the following words have the meanings indicated. 24 (2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented 25 liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for 26 beverage purposes. 27 (3) (i) “Passenger area” means an area that: 28 HOUSE BILL 1043 7 1. Is designed to seat the driver and any passenger of a motor 1 vehicle while the motor vehicle is in operation; or 2 2. Is readily acc essible to the driver or a passenger of a motor 3 vehicle while in their seating positions. 4 (ii) “Passenger area” does not include: 5 1. A locked glove compartment; 6 2. The trunk of a motor vehicle; or 7 3. If a motor vehicle is not equipped wi th a trunk, the area 8 behind the rearmost upright seat or an area that is not normally occupied by the driver or 9 a passenger of the motor vehicle. 10 (b) This section applies to a motor vehicle that is driven, stopped, standing, or 11 otherwise located on a highway. 12 (c) A driver of a motor vehicle may not consume an alcoholic beverage in a 13 passenger area of a motor vehicle on a highway. 14 (D) A DRIVER OF A MOTOR VE HICLE MAY NOT SMOKE OR OTHERWISE 15 CONSUME MARIJUANA IN A PASSENGER AREA OF A MOTOR VEHICLE ON A HIGHWAY . 16 (E) AN OCCUPANT OF A MOTO R VEHICLE MAY NOT SM OKE MARIJUANA IN A 17 PASSENGER AREA OF A MOTOR VEHICLE ON A H IGHWAY . 18 [(d)] (F) Notwithstanding § 6 –320, § 6 –321, or § 6 –322 of the Alcoholic 19 Beverages Article, or any other provision of law, the proh ibition contained in this section 20 applies throughout the State. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2017. 23
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Vehicle Laws - Smoking Marijuana in Vehicles - Prohibition
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Exempting a specified physician from the prohibition on dispensing specified prescriptions when the physician has a substantial financial interest in a pharmacy under specified circumstances; authorizing a licensed physician to personally prepare and dispense a prescription written by a specified physician in the same group practice; exempting specified associations that include an oncologist from the prohibition on associating as a partner, a co-owner, or an employee of a specified pharmacy; etc.
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the purpose of exempting a certain physician from the prohibition on dispensing 4 certain prescriptions when the physician has a substantial financial interest in a 5 pharmacy under certain circumstances; authorizing a licensed physician to 6 personally prepare a nd dispense a prescription written by a certain physician in the 7 same group practice; exempting certain associations that include an oncologist from 8 the prohibition on associating as a partner, a co–owner, or an employee of a certain 9 pharmacy; prohibiting a certain carrier from taking certain ac tions relating to an 10 oncologist’s participation on the carrier’s provider panel based solely on the 11 oncologist’s dispensing of a certain prescription; requir ing certain insurers, nonprofit 12 health service plans, and health maintenance organizations to allow an oncologist to 13 dispense a certain prescription to an insured or enrollee under certain 14 circumstances; prohibiting certain insurers, nonprofit health service plans, and 15 health maintenance organizations from imposing certain copayments, fees, or any 16 other conditions on an insured or enrollee who elect s to fill a certain prescription 17 from a certain oncologist under certain circumstances; authorizing an oncologist to 18 apply to a certain insurer, nonprofit health service plan, or health maintenance 19 organizatio n to be a certain pharmacy or other source to dispense or administer 20 prescription drugs for certain purposes and under certain circumstances; prohibiting 21 a certain insurer, nonprofit health service plan, and health maintenance 22 organization from unreasonabl y denying approval of an oncologist’s application ; 23 requiring certain insurers, nonprofit health service plans, and health maintenance 24 organizations to notify an oncologist of the reason for the denial under certain 25 circumstances; requiring the notification to be in writing and state a certain reason; 26 defining certain terms; making a technical correction; making stylistic changes; and 27 generally relating to dispensing and insurance coverage of orally administered 28 cancer chemotherapy. 29 BY repealing and reenacting, with out amendments, 30 2 HOUSE BILL 1044 Article – Health Occupations 1 Section 12 –102(a) and (b) 2 Annotated Code of Maryland 3 (2014 Replacement Volume and 2016 Supplement) 4 BY repealing and reenacting, with amendments, 5 Article – Health Occupations 6 Section 12–102(c) , 12–313(b)(14), 12 –401, 12 –6B–09(14), and 14 –404(a)(30) 7 Annotated Code of Maryland 8 (2014 Replacement Volume and 2016 Supplement) 9 BY repealing and reenacting, with amendments, 10 Article – Insurance 11 Section 15 –112(i) , 15–846, and 15 –847 12 Annotat ed Code of Maryland 13 (2011 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 Occupations 17 12–102. 18 (a) (1) In this section the following ter ms have the meanings indicated. 19 (2) “In the public interest” means the dispensing of drugs or devices by a 20 licensed dentist, physician, or podiatrist to a patient when a pharmacy is not conveniently 21 available to the patient. 22 (3) “Personally preparing and dispensing” means that the licensed dentist, 23 physician, or podiatrist: 24 (i) Is physically present on the premises where the prescription is 25 filled; and 26 (ii) Performs a final check of the prescription before it is provided to 27 the patient. 28 (b) This title does not limit the right of an individual to practice a health 29 occupation that the individual is authorized to practice under this article. 30 (c) (1) This subsection does not apply to a licensed dentist who obtains a 31 permit from the State Board of Dental Examiners under subsection (h) of this section. 32 (2) This title does not prohibit: 33 HOUSE BILL 1044 3 (i) A licensed veterinarian from: 1 1. Personally preparing and dispensing the veterinarian’s 2 prescriptions; or 3 2. Dispensing, in accordance with § 2 –313(c) of the 4 Agriculture Article, compounded nonsterile preparations or compounded sterile 5 preparations provided by a pharmacy; 6 (ii) A licensed dentist, physician, or podiatrist from personally 7 preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 8 1. The dentist, physician, or podiatrist: 9 A. Has applied to the board of licensure in this State which 10 licensed the dentist, physician, or podiatrist; 11 B. Has demonstrated to the satisfaction of that board tha t the 12 dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 13 public interest; 14 C. Has received a written permit from that board to dispense 15 prescription drugs or devices except that a written permit is not requir ed in order to 16 dispense starter dosages or samples without charge; and 17 D. Posts a sign conspicuously positioned and readable 18 regarding the process for resolving incorrectly filled prescriptions or includes written 19 information regarding the process with each prescription dispensed; 20 2. The person for whom the drugs or devices are prescribed 21 is a patient of the prescribing dentist, physician, or podiatrist; 22 3. [The] EXCEPT AS PROVIDED IN §§ 12–313(B)(14) AND 23 12–6B–09(14) OF THIS TITLE AND § 14–404(A)(30) OF THIS ARTICLE , THE dentist, 24 physician, or podiatrist does not have a substantial financial interest in a pharmacy; and 25 4. The dentist, physician, or podiatrist: 26 A. Complies with the dispensing and labeling requirements 27 of this tit le; 28 B. Records the dispensing of the prescription drug or device 29 on the patient’s chart; 30 C. Allows the Division of Drug Control to enter and inspect 31 the dentist’s, physician’s, or podiatrist’s office at all reasonable hours and in accordance 32 with § 12–102.1 of this subtitle; 33 4 HOUSE BILL 1044 D. On inspection by the Division of Drug Control, signs and 1 dates an acknowledgment form provided by the Division of Drug Control relating to the 2 requirements of this section; 3 E. Except for starter dosages or samples without charge, 4 provides the patient with a written prescription, maintains prescription files in accordance 5 with § 12 –403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 6 F. Does not direct patients to a single phar macist or 7 pharmacy in accordance with § 12 –403(c)(8) of this title; 8 G. Does not receive remuneration for referring patients to a 9 pharmacist or pharmacy; 10 H. Complies with the child resistant packaging requirements 11 regarding prescription drugs unde r Title 22, Subtitle 3 of the Health – General Article; 12 I. Complies with drug recalls; 13 J. Maintains biennial inventories and complies with any 14 other federal and State record –keeping requirements relating to controlled dangerous 15 substances; 16 K. Purchases prescription drugs from a pharmacy or 17 wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 18 the Board of Pharmacy; 19 L. Annually reports to the respective board of licensure 20 whether the dentist, physician, or podiatrist has personally prepared and dispensed 21 prescription drugs within the previous year; and 22 M. Completes ten continuing education credits over a 5 –year 23 period relating to the preparing and dispensing of prescription drugs, offered by the 24 Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 25 consultation with each respective board of licensure, as a condition of permit renewal; 26 (iii) A licensed physician who complies with the requirements of item 27 (ii) of t his paragraph from personally preparing and dispensing a prescription written by: 28 1. A physician assistant in accordance with a delegation 29 agreement that complies with Title 15, Subtitle 3 of this article; [or] 30 2. A nurse practitioner who is auth orized to practice under 31 Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 32 or 33 HOUSE BILL 1044 5 3. A PHYSICIAN IN THE SAM E GROUP PRACTICE WHO IS 1 BOARD–CERTIFIED OR BOARD –ELIGIBLE IN THE SAME SPECIALTY AS THE 2 DISPENSING PH YSICIAN ; OR 3 (iv) A hospital –based clinic from dispensing prescriptions to its 4 patients. 5 12–313. 6 (b) Subject to the hearing provisions of § 12 –315 of this subtitle, the Board, on the 7 affirmative vote of a majority of its members then serving, may den y a license to any 8 applicant for a pharmacist’s license, reprimand any licensee, place any licensee on 9 probation, or suspend or revoke a license of a pharmacist if the applicant or licensee: 10 (14) Except as to an association that has remained in continuo us existence 11 since July 1, 1963, OR AN ASSOCIATION BE TWEEN AN ONCOLOGIST AND A 12 PHARMACIST FOR THE O PERATION OF A PHARMACY , associates as a partner, [coowner ] 13 A CO–OWNER , or AN employee of a pharmacy that is owned wholly or substantially by an 14 authorized prescriber or group of authorized prescribers; 15 12–401. 16 (a) A person shall hold a pharmacy permit issued by the Board before the person 17 may establish or operate a pharmacy in this State. 18 (b) A separate pharmacy permit is required for each pharmacy that a person 19 establishes or operates. 20 (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN ONCOLOGIST , 21 AS DEFINED IN § 15–846 OF THE INSURANCE ARTICLE , MAY OW N, ESTABLISH , OR 22 OPE RATE A PHARMACY IN T HE STATE IF THE PHARMACY DISPENSES P RESCRIPTION 23 DRUGS ONLY TO PATIENTS OF THE ONCO LOGIST OR AN ONCOLOG IST IN THE SAME 24 GROUP PRACTICE . 25 12–6B–09. 26 Subject to the hearing provision of § 12 –315 of this title, the Board may deny a 27 pharmacy technician’s registration to any applicant, reprimand a registered pharmacy 28 technician, place any pharmacy technician’s registration on probation, or suspend or revoke 29 a pharmacy technician’s registration if the applicant or pharmacy technician registrant: 30 (14) Except as to an association that has remained in continuous existence 31 since July 1, 1963, OR AN AS SOCIATION BETWEEN AN ONCOLOGIST AND A PHA RMACY 32 TECHNICIAN FOR THE OPERATION OF A PHARMACY , associates as a partner, A 33 co–owner, or AN employee of a pharmacy that is owned wholly or substantially by an 34 authorized prescriber or group of authorized prescribers; 35 6 HOUSE BILL 1044 14–404. 1 (a) Subject to the hearing provisions of § 14 –405 of this subtitle, a disciplinary 2 panel, on the affirmative vote of a m ajority of the quorum of the disciplinary panel, may 3 reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 4 the licensee: 5 (30) Except as to an association that has remained in continuous existence 6 since July 1, 1963 , OR AN ASSOCIATION BE TWEEN AN ONCOLOGIST AND A PHARMACY 7 TECHNICIAN FOR THE O PERATION OF A PHARMA CY: 8 (i) Associates with a pharmacist as a partner or co –owner of a 9 pharmacy for the purpose of operating a pharmacy; 10 (ii) Employs a pharmacist for the pu rpose of operating a pharmacy; 11 or 12 (iii) Contracts with a pharmacist for the purpose of operating a 13 pharmacy; 14 Article – Insurance 15 15–112. 16 (i) (1) A carrier may not deny an application for participation or terminate 17 participation on its provider panel solely on the basis of the license, certification, or other 18 authorization of the provider to provide health care services if the carrier provides health 19 care services within the provider’s lawful scope of practice. 20 (2) Notwithstanding paragraph (1 ) of this subsection, a carrier may reject 21 an application for participation or terminate participation on its provider panel based on 22 the participation on the provider panel of a sufficient number of similarly qualified 23 providers. 24 (3) A CARRIER MAY NOT DENY AN APPLICATION FROM AN 25 ONCOLOGIST FOR PARTICIPATION OR TERMINATE PARTICIPAT ION OF AN 26 ONCOLOGIST ON ITS PR OVIDER PANEL BASED SOLELY ON THE ONCOLOGIST ’S 27 DISPENSING OF A COVERED ORALLY ADMIN ISTERED CANCER CHEMO THERAPY 28 PRESCRIPTION TO PA TIENTS OF THE ONCOLO GIST . 29 [(3)] (4) A violation of this subsection does not create a new cause of 30 action. 31 15–846. 32 HOUSE BILL 1044 7 (a) (1) In this section [, “cancer ] THE FOLLOWING WORDS HAVE THE 1 MEANINGS INDICATED . 2 (2) “CANCER chemotherapy” means medication that is prescribed by a 3 licensed physician to kill or slow the growth of cancer cells. 4 (3) “ONCOLOGIST ” MEANS A LICENSED PHY SICIAN WHO IS : 5 (I) BOARD–CERTIFIED OR BOARD –ELIGIBLE IN MEDICAL 6 ONCOLOGY , RADIATION ONCOLOGY , HEMATOLOGY , OR ANOTHER ONCOLOGY 7 SPECIALTY RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES ; OR 8 (II) A SURGEON WHO CONSUL TS ON OR TREATS A PATIENT 9 PRIMARILY FOR A CANC ER DIAGNOSIS . 10 (4) “PROVIDER PANEL ” HAS THE MEANING STAT ED IN § 15–112 OF 11 THIS TITLE . 12 (b) This section applies to: 13 (1) insurers and nonprofit health service plans that provide coverage for 14 both orally administered cancer chemotherapy and cancer chemotherapy that is 15 administered intravenously or by injection under health ins urance policies or contracts that 16 are issued or delivered in the State; and 17 (2) health maintenance organizations that provide coverage for both orally 18 administered cancer chemotherapy and cancer chemotherapy that is administered 19 intravenously or by inje ction under contracts that are issued or delivered in the State. 20 (c) An entity subject to this section may not impose dollar limits, copayments, 21 deductibles, or coinsurance requirements on coverage for orally administered cancer 22 chemotherapy that are less favorable to an insured or enrollee than the dollar limits, 23 copayments, deductibles, or coinsurance requirements that apply to coverage for cancer 24 chemotherapy that is administered intravenously or by injection. 25 (d) An entity subject to this section may not reclassify cancer chemotherapy or 26 increase a copayment, deductible, coinsurance requirement, or other out –of–pocket expense 27 imposed on cancer chemotherapy to achieve compliance with this section. 28 (E) AN ENTITY SUBJECT TO THIS SECTION SHALL ALLOW AN ONCOLOGIST 29 TO DISPENSE A COVERED ORALLY ADM INISTERED CANCER CHE MOTHERAPY 30 PRESCRIPTION TO AN INSURED OR ENR OLLEE IF: 31 8 HOUSE BILL 1044 (1) THE ONCOLOGIST PARTICIPATES O N THE ENTITY ’S PROVIDER 1 PANEL AND PROVIDES CANCER CHEMOTHERAPY THAT IS ADMINISTERED 2 INTR AVENOUSLY OR BY INJE CTION ; 3 (2) THE ONCOLOGIST HOLDS A PERMIT UNDER § 12–102 OR § 12–401 4 OF THE HEALTH OCCUPATIONS ARTICLE ; AND 5 (3) THE ENTITY AUTHORIZES AN INSURE D OR ENROLLEE TO FIL L THE 6 COVERED ORALLY ADMIN ISTERED CANCER CHEMO THERAPY PRESCRIPTION AT A 7 NETWORK PARTICIPATIN G PHARMACY . 8 (F) AN ENTITY SUBJECT TO THIS SECTION MAY NOT IMPOSE A COPAYMENT , 9 A FEE, OR ANY OTHER CONDITION ON A N INSURED OR ENROLLE E WHO ELECTS TO 10 FILL A COVERED ORALL Y ADMINISTERED CANCE R CHEMOTHERAPY PRESC RIPTION 11 FROM AN ONCOLOGIST WHO PARTICIPATES ON THE ENTITY ’S PROVIDER PANEL 12 THAT IS NOT ALSO IMP OSED ON AN INSURED O R ENROLLEE WHO ELECT S TO FILL A 13 COVERED ORALLY ADMIN ISTERED CANCER CHEMO THERAPY PRESCRIPTION AT A 14 NETWORK PARTICIPATIN G PHARMACY . 15 15–847. 16 (a) (1) In this section the following words have the meanings indicated. 17 (2) “CANCER CHEMOTHERAPY ” MEANS MEDICATION THA T IS 18 PRESCRIBED BY A LICE NSED PHYSICIAN TO KI LL OR SLOW THE GROWT H OF CANCER 19 CELLS . 20 [(2)] (3) (i) “Complex or chronic medical condition” means a ph ysical, 21 behavioral, or developmental condition that: 22 1. may have no known cure; 23 2. is progressive; or 24 3. can be debilitating or fatal if left untreated or 25 undertreated. 26 (ii) “Complex or chronic medical condition” includes: 27 1. multiple sclerosis; 28 2. hepatitis C; and 29 3. rheumatoid arthritis. 30 HOUSE BILL 1044 9 [(3)] (4) “Managed care system” means a system of cost containment 1 methods that an insurer, a nonprofit health service plan, or a health maintenance 2 organization uses to review a nd preauthorize drugs prescribed by a health care provider 3 for a covered individual to control utilization, quality, and claims. 4 (5) “ONCOLOGIST ” MEANS A LICENSED PHY SICIAN WHO IS : 5 (I) BOARD–CERTIFIED OR BOARD –ELIGIBLE IN MEDICAL 6 ONCOLOGY , RADIATION ONCOLOGY , HEMATOLOGY , OR ANOTHER ONCOLOGY 7 SPECIALTY RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES ; OR 8 (II) A SURGEON WHO CONSUL TS ON OR TREATS A PATIENT 9 PRIMARILY FOR A CANCER DIAGNOSIS . 10 [(4)] (6) (i) “Rare medical condition” means a dise ase or condition that 11 affects fewer than: 12 1. 200,000 individuals in the United States; or 13 2. approximately 1 in 1,500 individuals worldwide. 14 (ii) “Rare medical condition” includes: 15 1. cystic fibrosis; 16 2. hemophilia; and 17 3. multiple myeloma. 18 [(5)] (7) “Specialty drug” means a prescription drug that: 19 (i) is prescribed for an individual with a complex or chronic medical 20 condition or a rare medical condition; 21 (ii) costs $600 or more for up to a 30 –day supply; 22 (iii) is not typically stocked at retail pharmacies; and 23 (iv) 1. requires a difficult or unusual process of delivery to the 24 patient in the preparation, handling, storage, inventory, or distribution of the drug; or 25 2. requires enhanced patient educatio n, management, or 26 support, beyond those required for traditional dispensing, before or after administration of 27 the drug. 28 (b) This section applies to: 29 10 HOUSE BILL 1044 (1) insurers and nonprofit health service plans that provide coverage for 1 prescription drugs under in dividual, group, or blanket health insurance policies or 2 contracts that are issued or delivered in the State; and 3 (2) health maintenance organizations that provide coverage for 4 prescription drugs under individual or group contracts that are issued or de livered in the 5 State. 6 (c) (1) Subject to paragraph (2) of this subsection, an entity subject to this 7 section may not impose a copayment or coinsurance requirement on a covered specialty 8 drug that exceeds $150 for up to a 30 –day supply of the specialty dr ug. 9 (2) On July 1 of each year, the limit on the copayment or coinsurance 10 requirement on a covered specialty drug shall increase by a percentage equal to the 11 percentage change from the preceding year in the medical care component of the March 12 Consumer P rice Index for All Urban Consumers, Washington –Baltimore, from the U.S. 13 Department of Labor, Bureau of Labor Statistics. 14 (d) Subject to § 15 –805 of this subtitle and notwithstanding § 15 –806 of this 15 subtitle, nothing in this article or regulations adopted under this article precludes an entity 16 subject to this section from requiring a covered specialty drug to be obtained through: 17 (1) a designated pharmacy or other source authorized under the Health 18 Occupations Article to dispense or administer pr escription drugs; or 19 (2) a pharmacy participating in the entity’s provider network, if the entity 20 determines that the pharmacy: 21 (i) meets the entity’s performance standards; and 22 (ii) accepts the entity’s network reimbursement rates. 23 (e) (1) A pharmacy registered under § 340B of the federal Public Health 24 Services Act may apply to an entity subject to this section to be a designated pharmacy 25 under subsection (d)(1) of this section for the purpose of enabling the pharmacy’s patients 26 with HIV, AIDS , or hepatitis C to receive the copayment or coinsurance maximum provided 27 for in subsection (c) of this section if: 28 (i) the pharmacy is owned by a federally qualified health center, as 29 defined in 42 U.S.C. § 254B; 30 (ii) the federally qualified healt h center provides integrated and 31 coordinated medical and pharmaceutical services to HIV positive, AIDS, and hepatitis C 32 patients; and 33 HOUSE BILL 1044 11 (iii) the prescription drugs are covered specialty drugs for the 1 treatment of HIV, AIDS, or hepatitis C. 2 (2) An ent ity subject to this section may not unreasonably withhold 3 approval of a pharmacy’s application under paragraph (1) of this subsection. 4 (F) (1) AN ONCOLOGIST MAY APP LY TO AN ENTITY SUBJ ECT TO THIS 5 SECT ION TO BE A DESIGNAT ED PHARMACY OR OTHER SOURCE UNDER SUBSECTION 6 (D)(1) OF THIS SECTION TO DISPENSE OR ADMIN ISTER PRESCRIPTION D RUGS FOR 7 THE PURPOSE S OF IMPROVING PATIENT AC CESS AND ADHER ENCE AND ENABLING 8 THE ONCOLOGIST ’S PATIENTS DIAGNOSED WITH CANCER TO RECEI VE THE 9 COPAYMENT OR COINSUR ANCE MAXIMUM PROVIDE D FOR IN SUBSECTION (C) OF 10 THIS SECTION IF : 11 (I) THE ONCOLOGIST DISPENSES ORALLY ADMINISTERED 12 CANCER CHEMOTHERAPY IN ACCORDANCE WITH § 12–102 OF THE HEALTH 13 OCCUPATIONS ARTICLE ; 14 (II) THE PRESCRIPTION DRU GS DISPENSED BY THE 15 ONCOLOGIST UNDER THI S SUBSECTION ARE ORA LLY ADMINISTERED CAN CER 16 CHEMOTHERAPY SPECIALTY DRUGS ; AND 17 (III) THE ONCOLOGIST ACCEP TS THE ENTITY ’S NETWORK 18 REIMBURSEMENT RATES . 19 (2) AN ENTITY SUBJECT TO THIS SECTI ON MAY NOT UNREASONA BLY 20 DENY APPROVAL OF AN ONCOL OGIST’S APPLICATION UNDER PARAGRAPH (1) OF 21 THIS SUBSECTION . 22 (3) (I) IF AN ENTITY SUBJECT TO THIS SECTION DENI ES APPROVAL 23 OF AN ONCOLOGIST ’S APPLICATION UNDER PARAGRAPH (1) OF THIS SUBSECTION , 24 THE ENTITY SHALL NOT IFY THE ONCOLOGIST O F THE REASON FOR THE DENIAL . 25 (II) THE NOTIFICATION REQU IRED UNDER SUBPARAGR APH (I) 26 OF THIS PARAGRAPH SH ALL BE IN WRITING AN D STATE THE SPECIFIC REASON FOR 27 THE DENIAL . 28 [(f)] (G) An entity subject to this section may provide coverage for specialty 29 drugs through a managed care system. 30 [(g)] (H) (1) A determination by an entity subject to this section that a 31 prescription drug is not a specialty drug is considered a coverage decisi on under § 32 15–10D–01 of this title. 33 12 HOUSE BILL 1044 (2) For complaints filed with the Commissioner under this subsection, if 1 the entity made its determination that a prescription drug is not a specialty drug on the 2 basis that the prescription drug did not meet the cri teria listed in subsection (a)(5)(i) of this 3 section: 4 (i) the Commissioner may seek advice from an independent review 5 organization or medical expert on the list compiled under § 15 –10A–05(b) of this title; and 6 (ii) the expenses for any advice provi ded by an independent review 7 organization or medical expert shall be paid for as provided under § 15 –10A–05(h) of this 8 title. 9 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 October 1, 2017. 11
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Oncologists - Dispensing and Insurance Coverage of Orally Administered Cancer Chemotherapy
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Requiring the Department of the Environment, on or before January 1, 2019, to propose regulations that encourage the use of permeable micro- or ultra-filtration membrane bioreactor (MBR) or other treatment technologies in on-site sewage disposal systems for nonresidential uses; and requiring specified regulations proposed by the Department to update specified evaluation criteria and increase a specified hydraulic loading rate that may be considered for a specified nonresidential system.
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the purpose of requiring the Department of the Environment, on or before a certain 4 date and for a certain purpose , to adopt regulation s that update certain evaluation 5 criteria and increase a certain hydraulic loading rate ; and generally relating to 6 on–site sewage disposal systems. 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That: 9 (a) On or before October 1, 2018, the Department of the Environment shall adopt 10 regulations that encourage the use in on–site sewage disposal systems of membrane 11 bioreactor (MBR) technology that: 12 (1) is more effective than the Best Available Technolog y for Removal of 13 Nitrogen (BAT) approved by the Department ; and 14 (2) uses permeable micro – or ultra –filtration membrane technology for 15 solids separation instead of gravity separation/sedimentation or conventional media 16 filtration systems such as sand or cloth . 17 (b) The regulations required under subsection (a) of this section shall : 18 (1) update the evaluation criteria used in reviewing the design of an 19 on–site sewage disposal system and determin ing whether a sewage disposal area is 20 appropriately sized ; and 21 (2) increase the maximum hydraulic loading rate that may be considered 22 to 2.5 g allons per day per square foot (gpd/ft2) for a system using MBR technology and 23 2 HOUSE BILL 1045 adjusted based on site–specific factors, including nutrient reduction requirements, 1 percolation rates , and other site conditions and constraints . 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 1, 2017. 4
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On-Site Sewage Disposal Systems - Membrane Bioreactor (MBR) Technology - Regulations
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Altering specified timing requirements for filing an action to foreclose a mortgage or deed of trust on residential property; authorizing the Office of Administrative Hearings to hold a prehearing conference before a prefile mediation session and before a postfile mediation session; and altering the rules of procedure for contested cases of the Office of Administrative Hearings that govern a foreclosure mediation on residential property.
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the purpose of altering the timing requirements for filing an action to foreclose a 4 mortgage or dee d of trust on residential p roperty under certain circumstances ; 5 authorizing the Off ice of Administrative Hearings to hold a prehearing conference 6 before a prefile mediation session under certain circumstances; authorizing the 7 Office of Administrative Hearings to hold a prehearing con ference before a postfile 8 mediation session under certain circumstances; altering the rules of procedure for 9 contested cases of the Off ice of Administrative Hearings that govern a foreclosure 10 mediation under certain circumstances; and generally relating to the foreclosure 11 process for residential property. 12 BY repealing and reenacting, with amendments, 13 Article – Real Property 14 Section 7 –105.1 (b), (d), (k), and (l) 15 Annotated Code of Maryland 16 (2015 Replacement Volume and 2016 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – Real Property 20 7–105.1. 21 (b) (1) Except as provided in paragraph (2) of this subsection, an action to 22 foreclose a mortgage or deed of trust on residential property may not be filed until the later 23 of: 24 2 HOUSE BILL 1046 (i) [90] 120 days after a default in a condition on which the 1 mortgage or deed of trust provides that a sale may be made; or 2 (ii) 45 days after the notice of intent to foreclose required und er 3 subsection (c) of this section is sent. 4 (2) (i) The secured party may petition the circuit court for leave to 5 immediately commence an action to foreclose the mortgage or deed of trust if: 6 1. The loan secured by the mortgage or deed of trust was 7 obtained by fraud or deception; 8 2. No payments have ever been made on the loan secured by 9 the mortgage or deed of trust; 10 3. The property subject to the mortgage or deed of trust has 11 been destroyed; or 12 4. The default occurred after the stay has been lifted in a 13 bankruptcy proceeding. 14 (ii) The court may rule on the petition with or without a hearing. 15 (iii) If the petition is granted, the action may be filed at any time after 16 a default in a condition on which the mortgage or deed of tru st provides that a sale may be 17 made and the secured party need not send the written notice of intent to foreclose required 18 under subsection (c) of this section. 19 (d) (1) For owner –occupied residential property, a secured party may offer to 20 participate in prefile mediation with a mortgagor or grantor to whom the secured party has 21 delivered a notice of intent to foreclose. 22 (2) If offered by a secured party, a mortgagor or grantor may elect to 23 participate in prefile mediation. 24 (3) If a mortgagor or gran tor elects to participate in prefile mediation, the 25 mortgagor or grantor shall notify the secured party by submitting the application described 26 in subsection (c)(5)(vi) of this section not more than 25 days after the date on which the 27 notice of intent to f oreclose is mailed by the secured party. 28 (4) (i) As a precondition to prefile mediation, a mortgagor or grantor 29 shall participate in housing counseling services. 30 (ii) The Department of Housing and Community Development shall 31 prescribe the timing and form of certification of participation in housing counseling 32 services. 33 HOUSE BILL 1046 3 (5) If a mortgagor or grantor submits an application to participate in prefile 1 mediation to the secured party in accordance with paragraph (3) of this subsection, the 2 secured party shall notify the Office of Administrative Hearings not more than 5 business 3 days after the date on which the secured party receives the application. 4 (6) The Office of Administrative Hearings [shall]: 5 (i) SHALL SCHEDULE [Schedule ] a prefile mediation session not 6 more than 60 days after the day on which it receives notice by a secured party of an election 7 to participate in prefile mediation; [and] 8 (ii) SHALL NOTIFY [Notify ] the parties and their attorneys, if any, 9 of the date of the prefile mediation session ; AND 10 (III) MAY HOLD A PREHEARING CONFERENCE BEFORE A 11 PREFILE MEDIATION SE SSION . 12 (7) By regulation, the Commissioner of Financial Regulation shall: 13 (i) Establish the fee for prefile mediation; and 14 (ii) Prescribe the form and content of the notice about prefile 15 mediation, the application to participate in prefile mediation, and instructions to complete 16 the application. 17 (8) (i) Notwithstanding subsec tion (b)(1) of this section, if the secured 18 party and grantor or mortgagor elect to participate in prefile mediation, an order to docket 19 or complaint to foreclose may not be filed until the completion of prefile mediation in 20 accordance with this section. 21 (ii) The date that prefile mediation is completed is the date that the 22 Office of Administrative Hearings issues the report describing the results of the prefile 23 mediation. 24 (9) The fee for prefile mediation collected under this subsection shall be 25 distributed to the Housing Counseling and Foreclosure Mediation Fund established under 26 § 4–507 of the Housing and Community Development Article. 27 (10) By regulation, the Commissioner of Financial Regulation shall 28 establish a mediation checklist that describ es the matters that shall be reviewed and 29 considered in a prefile mediation. 30 (11) (i) At the commencement of a prefile mediation session, each party 31 shall review the mediation checklist. 32 4 HOUSE BILL 1046 (ii) The mediator shall mark each item on the mediation checkl ist as 1 the item is addressed at the prefile mediation session. 2 (iii) At the conclusion of a prefile mediation session, each party shall 3 sign the mediation checklist. 4 (12) If the prefile mediation results in an agreement, the parties shall 5 execute a prefile mediation agreement. 6 (13) In addition to describing the terms of the agreement among the parties, 7 the prefile mediation agreement shall, in 14 point, bold font: 8 (i) Designate the person and address to whom the mortgagor or 9 grantor may provid e notice of a change of financial circumstances; and 10 (ii) State that the mortgagor or grantor is not entitled to postfile 11 mediation unless otherwise agreed by the parties. 12 (14) The Office of Administrative Hearings shall draft the prefile mediation 13 agreement and provide a copy of the executed agreement to the parties and their attorneys, 14 if any. 15 (15) The Office of Administrative Hearings shall provide a report of results 16 of mediation to the parties and their attorneys, if any. 17 (16) If a mortgag or or grantor notifies the person designated under 18 paragraph (13) of this subsection of a change of financial circumstances, the designee shall: 19 (i) Determine whether the change of financial circumstances shall 20 alter the mediation agreement or outcome of the prefile mediation; and 21 (ii) Notify the mortgagor or grantor of the determination by 22 first–class mail before any additional action is taken with respect to foreclosure. 23 (17) (i) The parties to the prefile mediation agreement may execute an 24 amended prefile mediation agreement based on a material change of financial 25 circumstances of the mortgagor or grantor. 26 (ii) The secured party shall provide a copy of the executed amended 27 agreement to the mortgagor or grantor. 28 (18) To the extent that a notice of intent to foreclose complies with this 29 section and otherwise is valid under the law, a notice of intent to foreclose issued with 30 respect to a property that has been the subject of prefile mediation continues to be valid for 31 1 year after the date on which the initial prefile mediation agreement is executed by the 32 parties. 33 HOUSE BILL 1046 5 (19) Nothing in this subsection shall prohibit a secured party and mortgagor 1 or grantor from engaging in loss mitigation by other means. 2 (k) (1) Within 5 days after receipt of a request for postfile mediation, the court 3 shall transmit the request to the Office of Administrative Hearings for scheduling. 4 (2) (i) Within 60 days after transmittal of the request for foreclosure 5 mediation, the Office of Administrative Hearings s hall conduct a foreclosure mediation. 6 (ii) For good cause, the Office of Administrative Hearings may 7 extend the time for completing the foreclosure mediation for a period not exceeding 30 days 8 or, if all parties agree, for a longer period of time. 9 (III) THE OFFICE OF ADMINISTRATIVE HEARINGS MAY HOLD A 10 PREHEARING CONFERENC E BEFORE A POSTFILE MEDIATION SESSION . 11 (3) The Office of Administrative Hearings shall send notice of the 12 scheduled foreclosure mediation to the foreclosure attorney, the secured party, and the 13 mortgagor or grantor. 14 (4) The notice from the Office of Administrative Hearings shall: 15 (i) Include instructions regarding the documents and information, 16 as required by regulations adopted by the Commissioner of Financial Regulation, that must 17 be provided by each party to the other party and to the mediator; and 18 (ii) Require the information and documents to be provided no later 19 than 20 days before the scheduled date of the foreclosure mediation. 20 (l) (1) (i) By regulat ion, the Commissioner of Financial Regulation shall 21 establish a mediation checklist that describes the matters that shall be reviewed and 22 considered in a postfile mediation. 23 (ii) At the commencement of a postfile mediation session, each party 24 shall rev iew the mediation checklist. 25 (iii) The mediator shall mark each item on the mediation checklist as 26 the item is addressed at the postfile mediation session. 27 (iv) At the conclusion of a postfile mediation session, each party shall 28 sign the mediation checklist. 29 (2) At a foreclosure mediation: 30 (i) The mortgagor or grantor shall be present; 31 6 HOUSE BILL 1046 (ii) The mortgagor or grantor may be accompanied by a housing 1 counselor and may have legal representation; 2 (iii) The secured party, or a representative of the secured party, shall 3 be present; and 4 (iv) Any representative of the secured party must have the authority 5 to settle the matter or be able to readily contact a person with authority to settle the matter. 6 (3) At the foreclosure mediation, the parties and the mediator shall address 7 loss mitigation programs that may be applicable to the loan secured by the mortgage or 8 deed of trust that is the subject of the foreclosure action. 9 (4) The Office of Administrative Hearings shall file a report with the court 10 that states the outcome of the request for foreclosure mediation within the earlier of: 11 (i) 7 days after a foreclosure mediation is held; or 12 (ii) The end of the 60 –day mediation period specified in subsection 13 (k)(2) of this section, plus any extension granted by the Office of Administrative Hearings. 14 (5) Except for A PREHEARING CONFERE NCE, a request for postponement , 15 or a failure to appear, the rules of procedure for contested cases of the Office of 16 Administrative Hearings do not gover n a foreclosure mediation conducted by the Office. 17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October 1, 2017. 19
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Residential Property - Foreclosure Process - Filing Requirements - Mediation Procedures
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Extending from 60 to 120 days the time period that an individual with a commercial driver's license may be out of compliance with the most recent order of the court in making child support payments before the Child Support Enforcement Administration may notify the Motor Vehicle Administration to suspend the individual's driver's license; altering the circumstances under which the Child Support Enforcement Administration may request that a specified licensing authority suspend or deny a specified license; etc.
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the purpose of requiring that a notice of a certain proposed action to suspend a 4 business, occupational, or professional license for failure to pay child support contain 5 certain information on grounds for requesting a certain investigation; authorizing 6 the Child Supp ort Enforcement Administration to choose temporarily not to request 7 a suspension of a certain license under certain circumstances; providing certain 8 additional circumstances under which a certain license suspended for failure to pay 9 child support may be reinstated; and generally relating to the suspension of 10 employment –relat ed licenses for the failure to pay child support. 11 BY repealing and reenacting, without amendments, 12 Article – Family Law 13 Section 10 –119.3(a) (1) and (2) 14 Annotated Code of Maryland 15 (2012 Replacement Volume and 2016 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Family Law 18 Section 10 –119.3(f) and (j) 19 Annotated Code of Maryland 20 (2012 Replacement Volume and 2016 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as foll ows: 23 Article – Family Law 24 10–119.3. 25 2 HOUSE BILL 1047 (a) (1) In this section the following words have the meanings indicated. 1 (2) “License” means any license, certificate, registration, permit, or other 2 authorization that: 3 (i) is issued by a licensing authority; 4 (ii) is subject to suspension, revocation, forfeiture, or termination by 5 a licensing authority; and 6 (iii) is necessary for an individual to practice or engage in: 7 1. a particular business, occupation, or profession; or 8 2. recreational hunting or fishing. 9 (f) (1) At least 30 days before requesting a licensing authority to suspend or 10 deny a license or at least 30 days before making a referral under subsection (e)(3) of this 11 section, the Administration shall: 12 (i) send written notice of the proposed action to the individual whose 13 license is subject to suspension under this section, including notice of the individual’s right 14 to request an investigation; and 15 (ii) give the individual a reasonable opportunity to contest the 16 accuracy of the information. 17 (2) (I) FOR A LICENSE NECESSA RY TO PRACTICE OR EN GAGE IN A 18 PARTICULAR BUSINESS , OCCUPATION , OR PROFESSION , THE NOTICE SHALL 19 INCLUDE A STATEMENT THAT THE OBLIGOR HAS THE RIGHT TO REQUEST AN 20 INVESTIGATION ON THE FOLLOWING GROUNDS : 21 1. THE REPORTED ARREARA GE I S INACCURATE ; 22 2. A. THE SUSPENSION OF TH E LICENSE WOULD BE 23 AN IMPEDIMENT TO CUR RENT OR POTENTIAL EM PLOYMENT BECAUSE THE LICENSE 24 IS NECESSARY FOR THE PRIMARY SOUR CE OF INCOME FOR THE OBLIGOR ; AND 25 B. THE OBLIGOR HAS MADE GOOD FAITH PAYMENTS 26 TOWARD THE CHILD SUP PORT OBLIGATION ; OR 27 3. THE SUSPENSION OF TH E LICENSE WOULD RESU LT IN 28 AN UNDUE HARDSHIP BECAUSE : 29 A. THE OBLIGOR HAS A DO CUMENTED DISABILITY 30 HOUSE BILL 1047 3 RESULTING IN A VERIF IED INABILITY TO WOR K; OR 1 B. THE SUSPENSIO N OF THE LICENSE WOU LD RESULT IN 2 THE INABILITY OF THE OBL IGOR TO COMPLY WITH THE COUR T ORDER . 3 (II) THE ADMINISTRATION MAY CHOOSE TEMPORARI LY NOT TO 4 REQUEST A LICENSING AUTHORITY TO SUSPEND A LICENSE UNDER THIS SECTION IF 5 THE ADMINISTRATION DETERMINES , AFTER AN INVESTIGATI ON, THAT SUSPENSION 6 OF THE LICENSE WOULD RESULT IN A N UNDUE HARDSHIP OR WOULD OTHER WISE BE 7 INAPPROPRIATE . 8 (3) (i) Upon receipt of a request for investigation from an individual 9 whose license is subject to suspension, the Administration shall conduct an investigation. 10 (ii) Upon completion of the investigation, the Administration shall 11 notify the individual of the result of the investigation and the individual’s right to appeal 12 to the Office of Administrative Hearings. 13 [(3)] (4) (i) An appeal under this section shall be conducted in 14 accordance with Title 10, Subtitle 2 of the State Government Article. 15 (ii) An appeal shall be made in writing and shall be received by the 16 Office of Administrative Hearings within 30 da ys after the notice to the individual whose 17 license is subject to suspension of the results of the investigation. 18 [(4)] (5) If, after the investigation or appeal to the Office of 19 Administrative Hearings, the Administration finds that it erred in making a decision, the 20 Administration may not send a notification about an individual to a licensing authority or 21 make a referral under subsection (e)(3) of this section. 22 (j) The Administration shall notify the licensing authority to reinstate any 23 license suspe nded or denied under this section within 10 days after the occurrence of any 24 of the following events: 25 (1) the Administration receives a court order to reinstate the suspended 26 license; 27 (2) with respect to an individual with a child support arrearage, the 28 individual has: 29 (i) paid the support arrearage in full; 30 (ii) demonstrated good faith by paying the ordered amount of 31 support for 4 consecutive months; [or] 32 (III) PAID A LUMP SUM EQUA L TO FOUR TIMES THE ORDERED 33 4 HOUSE BILL 1047 AMOUNT OF MONTHLY SUPPORT ; 1 (IV) COOPERATED WITH THE ADMINISTRATION IN ENTERING 2 INTO AN ENFORCEABLE WAGE WITHHOLDING ORDER WI TH THE MAXIMUM 3 DEDUCTION PERMITTED UNDER FEDERAL LAW ; OR 4 [(iii)] (V) fully complied with the Noncustodial Parent Employment 5 Assistance Pilot Program estab lished under § 10 –112.2 of this title; or 6 (3) with respect to an individual whose license was suspended or denied 7 because of a failure to comply with a subpoena issued under § 10 –108.5 of this subtitle, the 8 individual has complied with the subpoena. 9 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 October 1, 2017. 11
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Child Support - Noncompliance With Court Order - License Suspension
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Requiring a person authorized to sell residential property subject to foreclosure to file a notice of foreclosure with the Department of Labor, Licensing, and Regulation under specified circumstances; establishing that a notice of foreclosure may be filed through the Foreclosed Property Registry; requiring that the notice of foreclosure contain specified information; etc.
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the purpose of requiring a person authorized to sell residential property subject to 3 foreclosure to file a certain notice of foreclosure with the Department of Labor, 4 Licensing, and Regulation under certain circumstances ; authorizing a notice of 5 foreclosure to be filed with the Foreclosed Property Registry; requiring a notice of 6 foreclosure to contain certain information ; imposing certain limits on access to a 7 notice of foreclosure; establishing that only the State, subject to a certain exception, 8 may enact a certain law concerning residential property that is subject to foreclosure ; 9 declaring the intent of the General Assembly; defining certain terms; and gen erally 10 relating to notice s of foreclosure s on residential property . 11 BY repealing 12 Article – Real Property 13 Section 14 –126.1(j) 14 Annotated Code of Maryland 15 (2015 Replacement Volume and 2016 Supplement) 16 BY adding to 17 Article – Real Property 18 Section 14 –126.2 and 14–126.3 19 Annotated Code of Maryland 20 (2015 Replacement 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 – Real Property 24 14–126.1. 25 2 HOUSE BILL 1048 [(j) (1) Except as provided in paragraph (2) of this subsection, only the State 1 may enact a law requiring a notice to be filed with a unit of government to register 2 residential properties that are subject to foreclosure. 3 (2) This subsection does not restrict or otherwi se affect the ability of a unit 4 of government to require a registration or notice to be filed for a purpose other than one 5 relating to foreclosure, even if a property to be identified in the registration or notice is 6 subject to foreclosure. ] 7 14–126.2. 8 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9 INDICATED . 10 (2) “DEPARTMENT ” MEANS THE DEPARTMENT OF LABOR , 11 LICENSING , AND REGULATION . 12 (3) “FORECLOSED PROPERTY REGISTRY ” MEANS THE FORECLOSED 13 PROPERTY REGISTRY ESTABLISHED BY THE DEPARTMENT UNDER § 14–126.1 OF 14 THIS SUBTITLE . 15 (4) “LOCAL JURISDICTION ” MEANS : 16 (I) A COUNTY ; OR 17 (II) A MUNICIPAL CORPORATIO N. 18 (5) “NOTICE OF FORECLOSURE ” MEANS THE NOTICE DES CRIBED IN 19 SUBSECTION (B) OF THIS SECTION . 20 (6) “PERSON AUTHORIZED TO MAKE THE SALE ” MEANS THE PERSON 21 DESIGNATED UNDER THE MARYLAND RULES TO SELL RESIDEN TIAL PROPERTY 22 SUBJECT TO FORECLOSU RE. 23 (7) “RESIDENTIAL PROPERTY ” MEANS REAL PRO PERTY IMPROVED 24 BY FOUR OR FEWER DWE LLING UNITS THAT ARE DESIGNED PRINCIPALLY AND ARE 25 INTENDED FOR HUMAN H ABITATION . 26 (B) (1) WITHIN 7 DAYS OF THE FILING O F AN ORDER TO DOCKET OR A 27 COMPLAINT TO FORECLO SE A MORTGAGE OR DEE D OF TRUST ON A RESI DENTIAL 28 PROPERT Y BY A PERSON AUTHORIZ ED TO MAKE THE SALE OF THE RESIDENTIAL 29 PROPERTY , THE PERSON AUTHORIZE D TO MAKE THE SALE S HALL PROVIDE THE 30 DEPARTMENT WITH A NOTICE OF FORECLOSUR E AS REQUIRED UNDER TH IS 31 SUBSECTION . 32 HOUSE BILL 1048 3 (2) THE NOTICE OF FORECLOSUR E SHALL : 1 (I) BE IN THE FORM THE DEPARTMENT REQUIRES , WHICH M AY 2 BE THE FORM OF A REGIST RATION WITH THE FORECLOSED PROPERTY REGISTRY ; 3 AND 4 (II) CONTAIN THE FOLLOWING INFORMATION REGARDIN G THE 5 PROPERTY THAT IS SUBJECT TO FORECLOSU RE: 6 1. THE STREET ADDRESS ; 7 2. THE TAX ACCOUNT NUMBER , IF KNOWN ; 8 3. WHETHER THE PROPERTY IS VACANT , IF KNOWN ; 9 4. THE NAME , ADDRESS , AND TELEPHONE NUMBER OF 10 THE OWNER OR OWNERS OF THE PROPERTY ; 11 5. THE NAME , ADDRESS , AND TELEPHONE NUMBER OF 12 THE PERSON AUTHORIZE D TO MAKE THE SALE ; AND 13 6. THE NAME , ADDRESS , AND TELEPHONE NUMBER OF A 14 PERSON AUTHORIZED TO MANAGE AND MAINTAIN THE PROPERTY BEFORE THE 15 FORECLOSURE SALE , IF KNOWN . 16 (C) (1) A NOTICE OF FORECLOSUR E: 17 (I) IS NOT A PUBLIC RECOR D AS DEFINED IN § 4–101 OF THE 18 GENERAL PROVISIONS ARTICLE ; AND 19 (II) IS NOT SUBJECT TO TITLE 4 OF THE GENERAL PROVISIONS 20 ARTICLE . 21 (2) THE DEPARTMENT MAY AUTHOR IZE ACCESS TO A NOTICE OF 22 FORECLOSURE ONLY TO LOCAL JURISDICTIONS , THE AGENCIES OF LOCAL 23 JURISDICTIONS , AND REPRESENTATIVE S OF STATE AGENCIES . 24 (3) NOTWITHSTANDING PARAG RAPHS (1) AND (2) OF THIS 25 SUBSECTION , THE DEPARTMENT OR A LOCAL JURISDICTION MAY PRO VIDE 26 INFORMATION FOR A SP ECIFIC PROPERTY DESC RIBED IN A NOTICE OF 27 FORECLOSURE TO : 28 4 HOUSE BILL 1048 (I) A PERSON WHO OWNS PROP ERTY ON THE SAME BLOCK ; OR 1 (II) A HOMEOWNERS ASSOCIATI ON OR CONDOMINIUM IN WHICH 2 THE PROPERTY IS LOCA TED. 3 14–126.3. 4 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS S ECTION , ONLY THE 5 STATE MAY ENACT A LAW REQUIRING A NOTICE T O BE FILED WITH A UN IT OF 6 GOVERNMENT TO REGIST ER RESIDENTIAL PROPE RTIES THAT ARE SUBJE CT TO 7 FORECLOSURE . 8 (B) THIS SECTION DOES NOT RESTRICT OR OTHERWISE AFFECT THE 9 ABILITY OF A UNIT OF GOVERNMENT TO REQUIR E A REGISTRATION OR NOTICE TO 10 BE FILED FOR A PURPO SE OTHER THAN ONE RE LATING TO FORECLOSUR E, EVEN IF 11 A PROPERTY TO BE IDE NTIFIED IN THE REGIS TRATION OR NOTICE IS SUBJECT TO 12 FORECLOSURE . 13 SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 14 Assembly that this Act is not intended to repeal any local law that was enacted prior to 15 January 1, 2017 , that requires a notice substantially similar to the notice of foreclosure 16 described in this Act to be filed with the local jurisdiction . 17 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October 1, 2017. 19
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Residential Property - Notice of Foreclosure
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Establishing the Interstate Compact on Washington Area Professional Football Team Franchise Facility Incentives; prohibiting a party state, a local jurisdiction in a party state, or a specified authority or corporation from providing financing or public incentives for the construction of facilities for the Washington professional football team except under specified circumstances or leasing or donating land to the Washington area professional football team or an entity associated with the area professional football team; etc.
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the purpose of establishing the Interstate Compact on Washington Area Professional 4 Football Team Franchise Facility Incentives; prohibiting a party state, a local 5 jurisdiction in a party state, or a certain authority or corporation from providing 6 certain p ublic incentives or financing for the construction of certain facilities except 7 under certain circumstances; prohibiting a party state, a local jurisdiction in a party 8 state, or a certain authority or corporation from utiliz ing public funds for certain 9 purposes; prohibiting a party state, a local jurisdiction in a party state, or a certain 10 authority or corporation from leasing or donating land to certain entities ; authorizing 11 a party state to withdraw from the Compact only under certain circumstances; 12 provi ding that a party state is not required to comply with the Compact under certain 13 circumstances ; providing for the application of certain provisions of this Act; defining 14 certain terms; mak ing this Act subject to certain contingencies; and generally 15 relatin g to the Interstate Compact on Washington Area Professional Football Team 16 Franchise Facility Incentives. 17 BY adding to 18 Article – Economic Development 19 Section 14 –401 and 14 –402 to be under the new subtitle “Subtitle 4. Interstate 20 Compact on Washington Area Professional Footbal l Team Franchise Facility 21 Incentives ” 22 Annotated Code of Maryland 23 (2008 Volume and 2016 Supplement) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That the Laws of Maryland read as follows: 26 Article – Economic Dev elopment 27 2 HOUSE BILL 1049 SUBTITLE 4. INTERSTATE COMPACT ON WASHINGTON AREA PROFESSIONAL 1 FOOTBALL TEAM FRANCHISE FACILITY INCENTIVES . 2 14–401. 3 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4 INDICATED . 5 (B) “COMPACT ” MEANS THE INTERSTATE COMPACT ON WASHINGTON 6 AREA PROFESSIONAL FOOTBALL TEAM FRANCHISE FACILITY INCENTIVES . 7 (C) “PARTY STATE ” MEANS EACH STATE THAT HAS ENACTED THE 8 COMPACT . 9 (D) “PUBLIC INCENTIVES OR FINANC ING” INCLUDE S: 10 (1) TAX INCENTIVES REDUCING THE BURDEN OF STATE OR LOCAL 11 TAXES , INCLUDING SUBTRACTIO N MODIFICATI ONS, CREDITS , AND EXEMPTIONS 12 FROM TAXATION ; 13 (2) STATE OR LOCAL GRANTS , APPROPRIATIONS , AUTHORIZATIONS , 14 OR EXPENDITURES , INCLUDING THE ISSUAN CE OF ANY STATE –SUPPORTED DEBT OR 15 ANY CONDUIT DEBT ISSUE D BY A STATE AUTHORI TY; 16 (3) STATE OR LOCAL LOANS ; AND 17 (4) FINANCIAL ASSISTANCE IN THE CONSTRUCTION OF PRIVATE 18 INFRASTRUCTURE . 19 (E) “WASHINGTON AREA PROFE SSIONAL FOOTBALL TEA M” MEANS A 20 CORPORATION FRANCHIS ED BY THE NATIONAL FOOTBALL LEAGUE , INC., LOCATED 21 OR PROPOSED TO BE LO CATED IN THE DISTRICT OF COLUMBIA , THE STATE , OR THE 22 COMMONWEALTH OF VIRGINIA . 23 14–402. 24 (A) THERE IS AN INTERSTATE COMPACT ON WASHINGTON AREA 25 PROFESSIONAL FOOTBALL TEAM FRANCHISE FACILITY INCENTIVES . 26 (B) ON OR AFTER OCTOBER 1, 2017, A PARTY STATE TO THE COMPACT , A 27 LOCAL JURISDICTION L OCATED IN A PARTY STATE , OR AN AUTHORITY OR A 28 CORPORATION ESTABLIS HED BY A PARTY STATE OR LOCAL JURISDICTION MAY NOT : 29 HOUSE BILL 1049 3 (1) PROVIDE OR OFFER TO PROVIDE FINANCING OR PUBLIC 1 INCENTIVES FOR THE C ONSTRUCTION OF FACIL ITIES FOR THE WASHINGTON AREA 2 PROFESSIONAL FOOTBAL L TEAM UNLESS THE FINANCING OR PUBLIC INCENTIVES 3 ARE OTHERWISE AVAILA BLE TO ALL DEVELOPME NT PROJECTS OR BUSIN ESS 4 ENTITIES LOCATED IN THE PARTY STATE ; 5 (2) UTILIZE PUBLIC FUNDS FOR THE CONSTRUCTION OR 6 MAINTENANCE OF FACIL ITIES FOR THE WASHINGTON AREA PROFESSIONAL 7 FOOTBALL TEAM ; 8 (3) UTILIZE PUBLIC FUNDS FOR INFRASTRUCTURE I MPROVEMENTS 9 REQUIRED BY NEWLY CO NSTRUCTED FACILITIES FOR THE WASHINGTON 10 PROFESSIONAL FOOTBALL TEAM ; OR 11 (4) LEASE OR DONATE LAND TO THE WASHINGTON AREA 12 PROFESSIONAL FOOTBAL L TEAM OR AN ENTITY AFFILIA TED WITH THE 13 WASHINGTON AREA PROFESSIONAL FOOTBAL L TEAM . 14 (C) A PARTY STATE MAY WITHDRAW FROM THE COMPACT ONLY AFTER 15 PROVIDING 365 DAYS’ NOTICE TO THE OTHER PARTY STATES . 16 (D) A PARTY STATE IS NOT R EQUIRED TO COMPLY WI TH THIS COMPACT IF 17 THE PARTY STATE ’S ATTORNEY GENERAL DETERMINES TH AT ANOTHER PARTY 18 STATE HAS REPEALED , REPLACED , OR FAILED TO IMPLEM ENT ANY ASPECT OF TH IS 19 COMPACT . 20 SECTION 2. AND BE IT FURTHER ENACTED, That: 21 (a) This Act may not take effect unless a similar act is enacted by Virginia and 22 the District of Columbia no later than January 1, 2018. 23 (b) Virginia and the District of Columbia are requested to concur in this Act by 24 enactment of a similar act before January 1, 2018. 25 (c) The Department of Legislative Services shall notify the appropriate officials 26 of Virginia and the District of Columbia o f the enactment of this Act. 27 (d) On the concurrence in this Act by Virginia and the District of Columbia as 28 specified in this section, the Governor of the State of Maryland shall issue a proclamation 29 declaring this Act valid and effective and shall forward a copy of the proclamation to th e 30 Executive Director of the Department of Legislative Services. 31 4 HOUSE BILL 1049 (e) If Virginia or the District of Columbia fail s to concur in this Act as specified 1 in this section before January 1, 2020, with no further action required by the General 2 Assembly, this Act shall be null and void and of no further force and effect. 3 SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of 4 Section 2 of this Act, this Act shall take effect October 1, 2017. 5
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Interstate Compact on Washington Area Professional Football Team Franchise Facility Incentives
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Altering a requirement that a specified committee adopt an apportionment formula for Program Open Space funds to require the Department of Natural Resources in consultation with a specified committee to adopt the apportionment formula; altering the membership of the committee; repealing the authority of the committee to reallocate Program Open Space funds; repealing a requirement that before adopting an apportionment formula the committee provide notification and opportunity for a hearing; etc.
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the purpos e of repealing a requirement that a certain committee adopt a certain 3 apportionment formula; requiring the Department of Natural Resources, in 4 consultation with a certain committee, to adopt an apportionment formula relating 5 to certain funds each subdivision will receive; altering the membership of a certain 6 committee; altering the date by which a certain committee must meet; altering a 7 certain factor that the apportionment formula must take into account for each 8 subdivision; repealing the authority of a cert ain committee, under certain 9 circumstances, to reallocate certain funds; repealing a requirement that a certain 10 committee provide certain notification and opportunity for a hearing before adopting 11 an apportionment formula and allocating certain funds; and generally relating to a 12 requirement that a certain committee develop a certain apportionment formula. 13 BY repealing and reenacting, without amendments, 14 Article – Natural Resources 15 Section 5 –902(a) and (b) 16 Annotated Code of Maryland 17 (2012 Replacement Volume and 2016 Supplement) 18 BY repealing and reenacting, with amendments, 19 Article – Natural Resources 20 Section 5 –903(c) 21 Annotated Code of Maryland 22 (2012 Replacement Volume and 2016 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLA ND, 24 That the Laws of Maryland read as follows: 25 Article – Natural Resources 26 2 HOUSE BILL 105 5–902. 1 (a) The General Assembly declares that there is need for a program to make funds 2 available to State agencies and any subdivision to: 3 (1) Expedite acquisition of outdoor recreation and open space areas before 4 escalating cost of land prevents its purchase for public use and before potential areas are 5 devoted to some other use; and 6 (2) Accelerate development and capital renewal of needed outdoor 7 recreation facilit ies, including the provision of public access to the facilities. 8 (b) This program is known as Program Open Space and carries out the 9 recommendations of the 1968 Legislative Council committee on recreational areas. By 10 enacting this program, the General As sembly intends to provide funds to the State and its 11 subdivisions to enable them to acquire land for outdoor public recreation and open space 12 use and develop and provide public access to the land for public recreation. 13 5–903. 14 (c) (1) [A committee, appointed by the Governor, ] THE DEPARTMENT , IN 15 CONSULTATION WITH TH E COMMITTEE DESCRIBE D IN PARAGRAPH (2) OF THIS 16 SUBSECTION , shall prepare and adopt an apportionment formula relating to the percent 17 of the total funds each subdivision will receive. [The co mmittee consists of two members of 18 the Senate, three members of the House of Delegates, and four members of the public at 19 large. ] 20 [(2) The Secretary of the Department of Planning and the Secretary shall 21 serve as advis ors to the committee. ] 22 (2) THE C OMMITTEE CONSISTS OF THE FOLLOWING MEMBER S: 23 (I) THE SECRETARY OR THE SECRETARY ’S DESIGNEE ; 24 (II) THE SECRETAR Y OF BUDGET AND MANAGEMENT , OR THE 25 SECRETARY ’S DESIGNEE ; 26 (III) THE SECRETARY OF PLANNING , OR THE SECRETA RY’S 27 DESIGNEE ; 28 (IV) ONE REPRESENT ATIVE OF THE MARYLAND ASSOCIATION 29 OF COUNTIES , APPOINTED BY THE MARYLAND ASSOCIATION OF COUNTIES ; 30 HOUSE BILL 105 3 (V) ONE REPRESENTATIVE OF TH E MARYLAND ASSOCIATION 1 OF COUNTY PARK AND RECREATION ADMINISTRAT ORS, APPOINTED BY THE 2 MARYLAND ASSOCIATION OF COUNTY PARK AND RECREATION ADMINISTRATORS ; 3 AND 4 (VI) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 5 LEAGUE , APPOINTED BY THE MARYLAND MUNICIPAL LEAG UE. 6 (3) [The] ON OR BEFORE DECEMBER 1, 2017, AND EVERY 5 YEARS 7 THEREAFTER , OR AT THE REQUEST OF THE SECRETARY , THE committee shall meet [at 8 least annually ] to review and up date the apportionment formula. 9 (4) In determining the [allocation ] APPORTIONMENT formula, the 10 committee shall take into account for each subdivision: 11 (i) Current population; 12 (ii) [Projected population ] TRANSFER TAX REVENUE 13 COLLECTIONS ; and 14 (iii) Other factors [it] THE COMMITTEE deems desirable. 15 [(4) In determining the apportionment for any year the committee may 16 consider under –utilization of available funds and may transfer or advance unused 17 allocations that have not been utilized within a given period. The committee may reallocate 18 funds, subject however to the policy that over the 10 –year period any subdivision shall be 19 allocated in the aggregate the funds it would have been en titled to receive if able to utilize 20 them. 21 (5) Before adopting an apportionment formula and before allocating funds 22 for any year, the committee shall notify the governing bodies of every affected subdivision 23 of its intended action and, after reasonable notice, afford an opportunity for hearings on 24 the apportionment or allocation. ] 25 SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect July 26 1, 2017. 27
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Program Open Space - Apportionment Formula and Committee
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Requiring specified Maryland Department of Transportation business entities to review and update the I-270/US 15 Multi-Modal Corridor Study and the West Side Mobility Study in order to ensure compliance with federal and State project development process requirements for the approval and funding of major public transportation projects; and requiring that a specified report be submitted on or before January 1 each year to specified committees until the completion of the review and update.
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the purpose of requiring certain Maryland Department of Transportation business 4 units to review and update the I –270/US 15 Multi –Modal Corridor Study and the 5 West Side Mobility Study in order to ensure compliance with federal and State 6 project development process requirements for the approval and funding of major 7 public transportation projects; requiring that a certain report be submitted to certain 8 committees until the completion of the review and update ; and generally relating to 9 the review and update of the I –270/US 15 Mult i–Modal Corridor Study and the West 10 Side Mobility Study . 11 Preamble 12 WHEREAS, The I–270/US 15 Multi –Modal Corridor Study was conducted jointly by 13 the Maryland State Highway Administration (SHA) and the Maryland Transit 14 Administration (MTA) to evaluate improvements to the I –270/US 15 Corridor in Frederick 15 and Montgomery counties ; and 16 WHEREAS, The West Side Mobility Study was conducted by SHA, in conjunction 17 with the Virginia Department of Transportation, to evaluate improvements to the 18 Ame rican Legion Bridge, I –495, and certain portions of I –270, among other things; and 19 WHEREAS, The studies were necessary to assess the State’s options for improving 20 the region’s highway and transit systems in order to increase commuter safety, alleviate 21 traffic congestion, and spur economic development; and 22 2 HOUSE BILL 1050 WHEREAS, The Maryland State Highway Administration and the Maryland 1 Transit Administration prepared a number of documents as a result of the I –270/US 15 2 Multi –Modal Corridor Study , including a Draft Environmental Impact Statement , an 3 Alternatives Ana lysis/Environmental Assessment , and a Supplemental Environmental 4 Assessment , to comply with certain federal and State requirements for the funding and 5 approval of major transportation projects; and 6 WHEREAS, $100 ,000,00 0 was included in the State Highway Administration’s 7 Interstate Construction Program to pilot implementation of the Innovative Congestion 8 Management project to reduce congestion on I –270; and 9 WHEREAS, The State must be prepared to act on all recommendations and options 10 available to improve the I –270/US 15 Corridor , I–495, and the American Legion Bridge ; 11 now, therefore, 12 SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND, 13 That : 14 (a) (1) On or before January 1, 2020, the Stat e Highway Administration and 15 the Maryland Transit Administrati on shall complete a review and update of the I–270/US 16 15 Multi –Modal Corridor Study, including the I –270 Draft Environmental Impact 17 Statement , the I–270/US 15 Multi –Modal Corridor Study A lternatives 18 Analysis/Environmental Assessment, and the Corridor Cities Transitway Supplemental 19 Environmental Assessment , in order to ensure compliance with federal and State project 20 development process requirements for the approval and funding of major pub lic 21 transportation improvements . 22 (2) (i) On or before January 1, 2020, the State Highway Administration 23 shall complete a review and update of the sections of the West Side Mobility Study that 24 involve projects in Maryland in order to ensure compliance wi th federal and State project 25 development process req uirements for the approval and funding of major public 26 transportation improvements. 27 (ii) The review and update required under subparagraph (i) of this 28 paragraph shall include the drafting and finaliza tion of any required statement or 29 assessment, such as a draft environmental impact statement, an alternative s 30 analysis/environmental assessment, and a supplemental environmental assessment. 31 (b) On or before January 1 each year until completion of the review and update 32 required under subsection (a) of this section, in accordance with § 2 –1246 of the State 33 Government Article, the State Highway Administration and the Maryland Transit 34 Administration shall submit a report on the status of the review and updates to the Senate 35 Budget and Taxation Committee, the Senate Finance Committee, the House 36 Appropriations Committee, and the House Environment and Transportation Committee. 37 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 38 1, 2017 . 39
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Transportation - I-270/US 15 Multi-Modal Corridor Study and West Side Mobility Study - Review and Update
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Allowing a credit against the State income tax for specified small business entities located in an enterprise zone or a Regional Institution Strategic Enterprise (RISE) zone; allowing a small business entity to claim the credit as a credit for the payment to the Comptroller of specified taxes; altering the definition of "qualified property" for purposes of a specified property tax credit on a specified assessment of specified real property located in a RISE zone so as to include specified personal property; etc.
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the purpose of allowing a credit against the State income tax for certain small business 4 entities located in an enterp rise zone or a Regional Institution Strategic Enterprise 5 (RISE) zone; allowing a small business entity to claim the credit notwithstanding 6 certain limitations and if the small business hired or retained a certain number of 7 new employees under certain circu mstances; allowing a small business entity to 8 claim the credit as a credit for the payment to the Comptroller of certain taxes; 9 providing for the calculation of the credit; providing that the credit may not be claimed 10 for more than a certain number of year s; providing that the amount of the credit may 11 not exceed the State income tax for that taxable year; authorizing a small business 12 entity to apply any excess amount of the credit against the State income tax for 13 succeeding taxable years; altering the defin ition of “qualified property” for purposes 14 of a certain property tax credit on a certain assessment of certain property located 15 in a RISE zone so as to include certain personal property; defining certain terms; 16 providing for the effective dates of this Act ; providing for the application of this Act; 17 and generally relating to the Enterprise Zone Program and the Regional Institution 18 Strategic Enterprise Zone Program. 19 BY repealing and reenacting, with amendments, 20 Article – Economic Development 21 Section 5–707(a), (c), and (d)(1) and 5 –1406(a) and (d) 22 Annotated Code of Maryland 23 (2008 Volume and 2016 Supplement) 24 BY repealing and reenacting, without amendments, 25 Article – Economic Development 26 Section 5 –1406(c) 27 Annotated Code of Maryland 28 (2008 Volume and 2016 Supplement) 29 2 HOUSE BILL 1051 BY adding to 1 Article – Tax – General 2 Section 10 –741 3 Annotated Code of Maryland 4 (2016 Replacement Volume) 5 BY repealing and reenacting, without amendments, 6 Article – Tax – Property 7 Section 9 –103.1(a)(1) and (b) 8 Annotated Code of Mary land 9 (2012 Replacement Volume and 2016 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – Tax – Property 12 Section 9 –103.1(a)(6) 13 Annotated Code of Maryland 14 (2012 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 – Economic Development 18 5–707. 19 (a) To the extent provided for in this section, a business entity is entitled to: 20 (1) the special property tax credit in § 9 –103 of the Ta x – Property Article; 21 (2) the income tax credits in § 10 –702 of the Tax – General Article; [and] 22 (3) THE INCOME TAX CREDI TS IN § 10–741 OF THE TAX – GENERAL 23 ARTICLE ; AND 24 (4) consideration for financial assistance from programs in Subtitle 1 of 25 this title. 26 (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 27 SUBSECTION , THE incentives and initiatives provided for in this section are not available 28 to a business entity that: 29 [(1)] (I) was in an enterprise zone before the date that the ent erprise zone 30 is designated, except for a capital investment or expansion of its labor force that occurs on 31 or after the enterprise zone is designated; or 32 HOUSE BILL 1051 3 [(2)] (II) is located in an enterprise zone that was designated under 1 federal law unless the Secret ary and the Board of Public Works consent to the designation. 2 (2) A BUSINESS ENTITY MAY QUALIFY FOR THE INCO ME TAX CREDIT 3 UNDER § 10–741 OF THE TAX – GENERAL ARTICLE : 4 (I) REGARDLESS OF WHETHE R THE BUSINESS ENTIT Y WAS IN 5 THE ENTERPRISE ZONE BEFORE THE DATE THAT THE ZO NE WAS DESIGNATED ; AND 6 (II) IF, AFTER THE ENTERPRISE ZONE WAS DESIGNATED , THE 7 BUSINESS ENTITY HIRE D AND RETAINED AT LE AST ONE NEW EMPLOYEE FOR AT 8 LEAST 6 MONTHS BEFORE OR DUR ING THE TAXABLE YEAR FOR WHICH THE ENTITY 9 CLAIMS THE CREDI T. 10 (d) (1) Except as provided in [§ 10 –702] §§ 10–702 AND 10–741 of the 11 Tax – General Article and § 9 –103 of the Tax – Property Article, the incentives and 12 initiatives set forth in this section are available for 10 years after the date that an area is 13 designated an enterprise zone. 14 5–1406. 15 (a) (1) To the extent provided for in this section, a business entity that locates 16 in a RISE zone is entitled to: 17 (i) the property tax credit under § 9 –103.1 of the Tax – Property 18 Article; 19 (ii) the income ta x credit under § 10 –702 of the Tax – General 20 Article; [and] 21 (iii) THE INCOME TAX CREDI T UNDER § 10–741 OF THE 22 TAX – GENERAL ARTICLE ; AND 23 (IV) priority consideration for financial assistance from programs in 24 Subtitle 1 of this title. 25 (2) For pur poses of the income tax credit authorized under paragraph (1)(ii) 26 of this subsection, the business entity is treated as being located in an enterprise zone. 27 (c) A business entity may not qualify for the incentives under subsection (a) of 28 this section unl ess the Department, in consultation with the county or municipal 29 corporation in which a RISE zone is located, certifies the business entity and its location as 30 consistent with the target strategy of the RISE zone. 31 4 HOUSE BILL 1051 (d) (1) [Unless ] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1 SUBSECTION , UNLESS a business entity makes a significant capital investment or 2 expansion of its labor force after a RISE zone is designated, the incentives under this 3 section are not available to a business entity that was in a RISE zo ne before the date that 4 the zone is designated. 5 (2) A BUSINESS ENTITY MAY QUALIFY FOR THE INCO ME TAX CREDIT 6 UNDER § 10–741 OF THE TAX – GENERAL ARTICLE : 7 (I) REGARDLESS OF WHETHE R THE BUSINESS ENTIT Y WAS IN 8 THE RISE ZONE BEFORE THE DATE THAT THE ZONE WAS DESIGNATED ; AND 9 (II) IF, AFTER THE RISE ZONE WAS DESIGNATED , THE 10 BUSINESS ENTITY HIRE D AND RETAINED AT LE AST ONE NEW EMPLOYEE FOR AT 11 LEAST 6 MONTHS BEFORE OR DUR ING THE TAXABLE YEAR FOR WHICH THE ENTITY 12 CLAIMS THE CREDIT . 13 (3) The Department sha ll adopt regulations establishing factors to 14 determine if a business entity makes a significant capital investment or expansion of its 15 labor force under paragraph (1) of this subsection. 16 Article – Tax – General 17 10–741. 18 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 19 INDICATED . 20 (2) “ENTERPRISE ZONE ” HAS THE MEANING STAT ED IN § 5–701 OF 21 THE ECONOMIC DEVELOPMENT ARTICLE . 22 (3) “RISE ZONE” HAS THE MEANING STAT ED IN § 5–1401 OF THE 23 ECONOMIC DEVELOPMENT ARTICLE . 24 (4) (I) “SMALL BUSINE SS ENTITY ” MEANS : 25 1. A PERSON CONDUCTING OR OPERATING A TRADE OR 26 BUSINESS THAT EMPLOY S 25 OR FEWER EMPLOYEES ; OR 27 2. AN ORGANIZATION THAT : 28 A. IS EXEMPT FROM TAXAT ION UNDER § 501( C)(3) OR (4) 29 OF THE INTERNAL REVENUE CODE; AND 30 HOUSE BILL 1051 5 B. EMPLOYS 25 OR FEWER EMPLOYEES . 1 (II) “SMALL BUSINESS ENTITY ” DOES NOT INCLUDE A P ERSON 2 OWNING , OPERATING , DEVELOPING , CONSTRUCTING , OR REHABILITATING 3 PROPERTY INTENDED FO R USE PRIMARILY AS S INGLE OR MULTIFAMILY 4 RESIDENTIAL PROPERTY LOCATED WITHIN AN EN TERPRISE ZONE OR RISE ZONE . 5 (B) (1) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A SMALL 6 BUSINESS ENTITY THAT IS LOCATED IN AN ENT ERPRISE ZONE OR A RISE ZONE MAY 7 CLAIM A CREDIT AGAIN ST THE STATE INCOME TAX IN T HE AMOUNT PROVIDED 8 UNDER SUBSECTION (C) OF THIS SECTIO N. 9 (2) THE SMALL BUSINESS EN TITY MAY APPLY THE C REDIT UNDER 10 THIS SECTION AS A CR EDIT FOR THE PAYMENT TO THE COMPTROLLER OF TAXES 11 THAT THE SMALL BUSIN ESS ENTITY : 12 (I) IS REQUIRED TO WITHH OLD FROM THE WAGES O F 13 EMPLOYEES UNDER § 10–908 OF THIS TITLE ; AND 14 (II) IS REQUIRED TO PAY T O THE COMPTROLLER UNDER § 15 10–906( A) OF THIS TITLE . 16 (C) THE CREDIT ALLOWED UN DER THIS SECTION SHA LL EQUAL , WITH 17 RESPECT TO THE WAGES OF EMPLOYEES WHO WOR K IN THE ENTERPRISE ZONE OR 18 RISE ZONE AND WHOSE EARNI NGS EXCEED THE STATE MEDIAN INCOME FO R THE 19 PRECEDING TAXABLE YE AR: 20 (1) FOR THE FIRST TAXABL E YEAR IN WHICH THE CREDIT IS CLAIMED , 21 5% OF THE AMOUNT THAT T HE SMALL BUSINESS EN TITY IS REQUIRED TO WITHHOLD 22 FROM THE WAGES OF TH OSE EMPLOYEES ; 23 (2) FOR THE SECOND TAXAB LE YEA R IN WHICH THE CREDI T IS 24 CLAIMED , 4% OF THE AMOUNT THAT T HE SMALL BUSINESS EN TITY IS REQUIRED TO 25 WITHHOLD FROM THE WA GES OF THOSE EMPLOYE ES; 26 (3) FOR THE THIRD TAXABL E YEAR IN WHICH THE CREDIT IS 27 CLAIMED , 3% OF THE AMOUNT THAT T HE SMALL BUSINESS EN TITY I S REQUIRED TO 28 WITHHOLD FROM THE WA GES OF THOSE EMPLOYE ES; 29 (4) FOR THE FOURTH TAXAB LE YEAR IN WHICH THE CREDIT IS 30 CLAIMED , 2% OF THE AMOUNT THAT T HE SMALL BUSINESS EN TITY IS REQUIRED TO 31 WITHHOLD FROM THE WA GES OF THOSE EMPLOYE ES; AND 32 6 HOUSE BILL 1051 (5) FOR THE FIFTH TAXABLE YEAR IN WHIC H THE CREDIT IS CLAI MED, 1 1% OF THE AMOUNT THAT T HE SMALL BUSINESS EN TITY IS REQUIRED TO WITHHOLD 2 FROM THE WAGES OF TH OSE EMPLOYEES . 3 (D) A SMALL BUSINESS ENTIT Y MAY NOT CLAIM THE CREDIT ALLOWED 4 UNDER THIS SECTION F OR MORE THAN 5 TAXAB LE YEARS . 5 (E) (1) THE TOTAL AMOUNT OF T HE CREDIT ALLOWED UN DER THIS 6 SECTION FOR ANY TAXA BLE YEAR MAY NOT EXC EED THE STATE INCOME TAX 7 IMPOSED FOR THAT TAX ABLE YEAR . 8 (2) IF THE CREDIT ALLOWED UNDER THIS SECTION I N ANY TAXABLE 9 YEAR EXCEEDS THE STATE INCO ME TAX FOR THAT TAXA BLE YEAR , A SMALL 10 BUSINESS ENTITY MAY APPLY THE EXCESS AS A CREDIT AGAINST THE STATE INCOME 11 TAX FOR SUCCEEDING T AXABLE YEARS UNTIL T HE FULL AMOUNT OF TH E EXCESS IS 12 USED . 13 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14 as follows: 15 Article – Tax – Property 16 9–103.1. 17 (a) (1) In this section the following words have the meanings indicated. 18 (6) (I) “Qualified property” means real property that is: 19 [(i)] 1. not used for residential purposes; 20 [(ii)] 2. used in a trade or business by a business entity; and 21 [(iii)] 3. located in a Regional Institution Strategic Enterprise zone 22 that is designated under Title 5, Subtitle 14 of the Economic Development Article. 23 (II) “QUALIFIED PROPERTY ” INCLUDES PERSONAL P ROPERTY 24 ON REAL PROPERTY THA T IS LOCATED IN A FO CUS AREA AS DEFINED IN § 5–701 OF 25 THE ECONOMIC DEVELOPMENT ARTICLE . 26 (b) The governing body of a county or of a municipal corporation shall grant a tax 27 credit under this section against the property tax impo sed on the eligible assessment of 28 qualified property. 29 HOUSE BILL 1051 7 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 1 effect June 1, 2017, and shall be applicable to all taxable years beginning after June 30, 2 2017. 3 SECTION 4. AND BE IT FURT HER ENACTED, That, except as provided in Section 4 3 of this Act, this Act shall take effect July 1, 2017, and shall be applicable to all taxable 5 years beginning after December 31, 2016. 6
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Enterprise Zone and Regional Institution Strategic Enterprise Zone Programs - Small Business Entities
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Altering the definitions of "qualified position" and "State priority funding area" for purposes of the job creation tax credit program; requiring the Department of Commerce to certify the amount of the tax credit for which a qualified business entity is eligible; altering the calculation of the credits earned under the program; prohibiting the Department from certifying tax credits in a taxable year in excess of $4,000,000; applying the Act to job creation tax credits certified after December 31, 2017; etc.
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the purpose of altering the definitions of “qualified position” and “State priority 3 funding area” for purposes of the job creation tax credit program; altering a 4 requirement related to the number of positions a person is required to create in order 5 to be eligible for the tax credit; authorizing the Department of Commerce to require 6 that certain information be verified by the Department of Labor, Licensing, and 7 Regulation rather than by an independent auditor; requiring the Department of 8 Commerce to certify the amount of the tax credit for which a qualified business entity 9 is eligible; prohibiting the Department of Commerce fr om certifying tax credits in a 10 taxable year in excess of a certain amount; altering the manner in which the tax 11 credit shall be claimed; repealing an authorization allowing the Department of 12 Commerce to require that certain information be verified by a cer tain independent 13 auditor; altering the contents of a certain report that the Department of Commerce 14 is required to submit; requiring the Maryland Insurance Commissioner to submit a 15 certain report; making a conforming change; providing for the application o f this Act; 16 and generally relating to the job creation tax credit program. 17 BY repealing and reenacting, without amendments, 18 Article – Economic Development 19 Section 6 –301(a) 20 Annotated Code of Maryland 21 (2008 Volume and 2016 Supplement) 22 BY repealing and reenacting, with amendments, 23 Article – Economic Development 24 Section 6 –301(d)(1) and (f), 6 –303(b) and (e), 6 –304, 6 –305(c), 6 –307, and 6 –309 25 Annotated Code of Maryland 26 (2008 Volume and 2016 Supplement) 27 2 HOU SE BILL 1052 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Economic Development 3 6–301. 4 (a) In this subtitle the following words have the meanings indicated. 5 (d) (1) “Qualified position” means a position that: 6 (i) is full –time and of indef inite duration; 7 (ii) pays at least 150% of the [federal ] STATE minimum wage; 8 (iii) is located in the State; 9 (iv) is newly created as a result of the establishment or expansion of 10 a business facility in a single location in the State; and 11 (v) is filled. 12 (f) “State priority funding area” means: 13 (1) a municipal corporation; 14 (2) Baltimore City; 15 (3) a sustainable community, as defined in § 6 –301 of the Housing and 16 Community Development Article; 17 (4) an enterprise zone designated by the Secretary under § 5 –704 of this 18 article; 19 (5) an enterprise zone designated by the United States government under 20 42 U.S.C. §§ 11501 through 11505; 21 (6) those areas of the State located between Interstate Highway 495 and 22 the District of Columbia; 23 (7) those areas of the State located between Interstate Highway 695 and 24 Baltimore City; 25 (8) [no more than one ] ANY area in a county designated by the county as a 26 priority funding area under § 5 –7B–03(c) of the State Finance and Procurement Article; 27 and 28 HOUSE BILL 1052 3 (9) that portion of the Port Land Use Development Zone, as defined in § 1 6–501 of the Transportation Article, that has been designated as an area appropriate for 2 growth in a county comprehensive master plan. 3 6–303. 4 (b) To be eligible for a tax credit under this subtitle, a person shall establish or 5 expand a business facility in the State that: 6 (1) during any 24 –month period creates at least: 7 (i) 60 qualified positions; 8 (ii) [30 qualified positions if the aggregate payroll for the qual ified 9 positions is greater than a threshold amount equal to the product of multiplying 60 times 10 the State’s average annual salary, as determined by the Department; or 11 (iii)] 25 qualified positions if the business facility established or 12 expanded is loc ated in a State priority funding area; OR 13 (III) 10 QUALIFIED POSITIONS IN A COUNTY WITH A P OPULATION 14 UNDER 50,000; and 15 (2) is primarily engaged in: 16 (i) manufacturing or mining; 17 (ii) transportation or communications; 18 (iii) agriculture, forestry, or fishing; 19 (iv) research, development, or testing; 20 (v) biotechnology; 21 (vi) computer programming, information technology, or other 22 computer –related services; 23 (vii) central services for a business entity engaged in financial 24 services, real estate services, or insurance services; 25 (viii) the operation of central administrative offices; 26 (ix) the operation of a company headquarters other than the 27 headquarters of a professional sports organization; 28 4 HOU SE BILL 1052 (x) the operation of a public utility; 1 (xi) warehousing; 2 (xii) business services, if the business facility established or expanded 3 is located in a State priority funding area; or 4 (xiii) entertainment, recreation, cultural, or tourism –related activities 5 in a multi –use facility located within a revitalization area if the facility: 6 1. generates a minimum of 1,000 new full –time equivalent 7 filled positions in a 24 –month period; and 8 2. is not primarily used by a professional sports franchise or 9 for gaming. 10 (e) The Department may require that any information provided under subsection 11 (c) of this section be verified by [an independent auditor that the qualified business entity 12 selects ] THE DEPARTMENT OF LABOR , LICENSING , AND REGULATION . 13 6–304. 14 (a) (1) A qualif ied business entity may claim a tax credit in the amount 15 determined under this section. 16 (2) THE DEPARTMENT SHALL CERT IFY THE AMOUNT OF TH E TAX 17 CREDIT FOR WHICH A Q UALIFIED BUSINESS EN TITY IS ELIGIBLE UND ER THIS 18 SECTION . 19 (3) [A] THE qualified business entity shall submit to the appropriate State 20 units, with the tax return on which the credit is claimed, certification from the Department 21 that the business entity has met the requirements of this subtitle and is eligible for the 22 credit IN THE AMOUNT CERTI FIED BY THE DEPARTMENT . 23 (b) (1) Except as provided in this section, the credit earned under this section: 24 (i) for qualified employees working in a facility not located in a 25 revitalization area, is the lesser of: 26 1. $1,000 multiplied by the number of qualified employees 27 employed by the qualified business entity during the credit year; and 28 2. 2.5% of the wages paid by the qualified business entity 29 during the credit year to the qualified employees; and 30 HOUSE BILL 1052 5 (ii) for qualified employees work ing in a facility located in a 1 revitalization area, is the lesser of: 2 1. $1,500 multiplied by the number of qualified employees 3 employed by the qualified business entity during the credit year; and 4 2. 5% of the wages paid by the qualified busines s entity 5 during the credit year to the qualified employees. 6 (2) The credit earned by a qualified business entity under this subtitle may 7 not exceed $1,000,000 for any credit year. 8 (3) THE TOTAL AMOUNT OF C REDITS CERTIFIED BY THE 9 DEPARTMENT FOR QUALIF IED BUSINESS ENTITIE S IN A TAXABLE YEAR MAY NOT 10 EXCEED $4,000,000. 11 (c) (1) [The credit earned under subsection (b) of this section shall be taken 12 over a 2 –year period, with one –half of the credit amount allowed each year beginning with 13 the credit year. 14 (2)] The same credit cannot be applied more than once against different 15 taxes by the same taxpayer. 16 [(3)] (2) If the credit allowed under this subtitle exceeds the total tax 17 otherwise due from a qualified business entity in a taxable year, the qualifi ed business 18 entity may apply the excess as a credit for succeeding taxable years until the earlier of: 19 (i) the full amount of the excess is used; or 20 (ii) the expiration of the 5th taxable year from the credit year. 21 [(4)] (3) The credit under this subtitle may not be carried back to a 22 preceding taxable year. 23 6–305. 24 (c) [(1)] During the 3 taxable years after the credit year, a qualified business 25 entity shall provide any information required by the Department in regulation to verify 26 that the q ualified business entity is not subject to subsection (a) or (b) of this section. 27 [(2) The Department may require that any information provided under this 28 subsection be verified by an independent auditor that the qualified business entity selects. ] 29 6–307. 30 6 HOU SE BILL 1052 (A) In accordance with § 2.5 –109 of this article, the Department shall submit a 1 report on : 2 (1) [the] EACH business [entities ] ENTITY certified as eligible for job 3 creation tax credits in the preceding [fiscal ] TAXABLE year; 4 (2) WHETHER THE CRED ITS FOR WHICH THE BU SINESS ENTITY WAS 5 CERTIFIED RESULTED F ROM THE ENTITY ’S ESTABLISHMENT , EXPANSION , OR 6 RELOCATION ; 7 (3) WHETHER THE BUSINESS ENTITY HAD A PRESENC E IN THE STATE 8 BEFORE CLAIMING THE CREDIT ; 9 (4) THE TOTAL NUMBER OF EMPLOYEES OF THE BUSINESS ENTITY ; 10 AND 11 (5) THE TOTAL NUMBER OF YEARS THAT THE BUSIN ESS ENTITY HAS 12 BEEN IN BUSINESS . 13 (B) IN ACCORDANCE WITH § 2–110 OF THE INSURANCE ARTICLE , THE 14 MARYLAND INSURANCE COMMISSIONER SHALL SU BMIT A REPORT ON : 15 (1) EACH INSURER CLAIMIN G THE C REDIT AGAINST THE IN SURANCE 16 PREMIUM TAX UNDER § 6–114 OF THE INSURANCE ARTICLE ; 17 (2) THE TOTAL AMOUNT OF CREDITS CLAIMED BY I NSURERS UNDER § 18 6–114 OF THE INSURANCE ARTICLE ; AND 19 (3) THE NUMBER OF INSURE RS CLAIMING THE CRED IT. 20 6–309. 21 (a) Subject to subsection (b) of this section, this subtitle and the tax credit 22 authorized under it shall terminate on January 1, 2020. 23 (b) After termination of this subtitle: 24 (1) a business entity may be considered for eligibility for the tax credit 25 authorized unde r this subtitle based on positions filled before termination of this subtitle, 26 provided that the other requirements of the subtitle are satisfied; and 27 (2) tax credits earned [may be allowed ratably over a 2 –year period, ] may 28 be carried forward [,] and ar e subject to recapture in accordance with § 6 –305 of this 29 subtitle. 30 HOUSE BILL 1052 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 1, 2017, and shall be applicable to job creation tax credits certified after December 31, 2017. 2
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Economic Development - Job Creation Tax Credit - Alteration
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Establishing the integrated community oncology reporting program; establishing the purpose of the program; requiring the program to be administered by the Maryland Health Care Commission; requiring the Commission to adopt regulations to implement the program and to develop a specified application process; establishing a specified exception to a specified prohibition against self-referrals by specified health care practitioners; authorizing specified health care practitioners to use a specified exemption; etc.
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the purpose of establishing the integrated community oncology reporting program; 3 establishing the purpose of the program; requiring the program to be administered 4 by the Maryland Health Care Commission; requiring the Commission to establish a 5 clinical advisory workgroup to perform certain functions; requiring the Commission 6 to adopt regulations to implement and carry out the program; requiring the 7 Commission to establish a n application process that includes a certain requirement 8 for submittin g an application, a certain fee, and a certain schedule that requires the 9 Commission to begin accepting applications on a certain date; requiring the 10 Commission to establish a certain selection process to approve not more than a 11 certain number of applicant s having certain ownership interests; requiring certain 12 applicants to demonstrate, to the satisfaction of the Commission, certain 13 qualifications; authorizing a certain integrated community oncolog y center to 14 participate in a certain program for a certain period of time, as long as the integrated 15 community oncology center meets certain requirements; establishing a certain 16 exception to a certain prohibition against self –referrals by certain health care 17 practitioners and authorizing certain health care practitioners to use a certain 18 exemption for a certain period of time; prohibiting a certain health care practitioner 19 from collecting or attempting to collect certain money under certain circumstances; 20 prohibiting a certain health care practitioner fr om reducing or withholding certain 21 care or ordering or delivering certain care; requiring a certain health care 22 practitioner who makes a certain referral to provide a patient with written notice of 23 certain informati on at a certain time; establishing a cert ain penalty; requiring the 24 Commission to determine a certain process for monitoring integrated community 25 oncology centers to ensure a certain purpose is accomplished and to protect certain 26 patients from the reduction or withholding of certain care or the o rdering or delivery 27 of certain care; requiring the Commission, in consultation with certain entities, to 28 review certain i nformation and make a certain determination; requiring the 29 2 HOUSE BILL 1053 Commission to provide an integrated community oncology center with written notice 1 of a certain determination , establish a process for an integrated community oncology 2 center to appeal a certain determination , require a certain integrated community 3 oncology center to submit certain plans, and establish certain procedures for 4 submi ssion, approval or rejection, and monitoring of certain plans; requiring the 5 Commission to report on certain dates to the Governor and certain legislative 6 committees on the effectiveness of the program and the performance of each 7 integrated community oncology center participating in the program; requiring the 8 Commission, in consultation with a certain workgroup, on or before a certain date, 9 to conduct a certain study, make a certain determination , and report on the study 10 and determination to the Governor and certain legislative committees; defining 11 certain terms; providing for the termination of this Act; and generally relating to the 12 integrated community oncology reporting program. 13 BY repealing and reena cting, without amendments, 14 Article – Health Occupations 15 Section 1 –301(a), (b), (f), (g), (h), and (i) and 1 –302(a), (b), (c), and (e) 16 Annotated Code of Maryland 17 (2014 Replacement Volume and 2016 Supplement) 18 BY adding to 19 Article – Health Occupations 20 Section 1 –301(l) and 1–302(d)(12) ; and 1 –3B–01 through 1 –3B–08 to be under the 21 new subtitle “Subtitle 3B. Integrated Community Oncology Reporting 22 Program” 23 Annotated Code of Maryland 24 (2014 Replacement Volume and 2016 Supplement) 25 BY repealing and reenacti ng, with amendments, 26 Article – Health Occupations 27 Section 1 –301(l) and 1 –302(d)(10) and (11) 28 Annotated Code of Maryland 29 (2014 Replacement Volume and 2016 Supplement) 30 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31 That the Laws of Maryla nd read as follows: 32 Article – Health Occupations 33 1–301. 34 (a) In this subtitle the following words have the meanings indicated. 35 (b) (1) “Beneficial interest” means ownership, through equity, debt, or other 36 means, of any financial interest. 37 HOUSE BILL 1053 3 (2) “Beneficial interest” does not include ownership, through equity, debt, 1 or other means, of securities, including shares or bonds, debentures, or other debt 2 instruments: 3 (i) In a corporation that is traded on a national exchange or over the 4 counter on t he national market system; 5 (ii) That at the time of acquisition, were purchased at the same price 6 and on the same terms generally available to the public; 7 (iii) That are available to individuals who are not in a position to refer 8 patients to the he alth care entity on the same terms that are offered to health care 9 practitioners who may refer patients to the health care entity; 10 (iv) That are unrelated to the past or expected volume of referrals 11 from the health care practitioner to the health care entity; and 12 (v) That are not marketed differently to health care practitioners 13 that may make referrals than they are marketed to other individuals. 14 (f) “Group practice” means a group of two or more health care practitioners 15 legally organized as a par tnership, professional corporation, foundation, not –for–profit 16 corporation, faculty practice plan, or similar association: 17 (1) In which each health care practitioner who is a member of the group 18 provides substantially the full range of services which th e practitioner routinely provides 19 through the joint use of shared office space, facilities, equipment, and personnel; 20 (2) For which substantially all of the services of the health care 21 practitioners who are members of the group are provided through the group and are billed 22 in the name of the group and amounts so received are treated as receipts of the group; and 23 (3) In which the overhead expenses of and the income from the practice are 24 distributed in accordance with methods previously determined on an annual basis by 25 members of the group. 26 (g) “Health care entity” means a business entity that provides health care 27 services for the: 28 (1) Testing, diagnosis, or treatment of human disease or dysfunction; or 29 (2) Dispensing of drugs, medical devices, m edical appliances, or medical 30 goods for the treatment of human disease or dysfunction. 31 (h) “Health care practitioner” means a person who is licensed, certified, or 32 otherwise authorized under this article to provide health care services in the ordinary 33 course of business or practice of a profession. 34 4 HOUSE BILL 1053 (i) “Health care service” means medical procedures, tests and services provided 1 to a patient by or through a health care entity. 2 (L) “INTEGRATED COMMUNITY ONCOLOGY CENTER ” HAS THE MEANING 3 STATED IN § 1–3B–01 OF THIS TITLE . 4 [(l)] (M) (1) “Referral” means any referral of a patient for health care 5 services. 6 (2) “Referral” includes: 7 (i) The forwarding of a patient by one health care practitioner to 8 another health care practitioner or to a health care entity outside the health care 9 practitioner’s office or group practice; or 10 (ii) The request or establishment by a health care practitioner of a 11 plan of care for the provision of health care services outside the health care practitioner’s 12 office or grou p practice. 13 1–302. 14 (a) Except as provided in subsection (d) of this section, a health care practitioner 15 may not refer a patient, or direct an employee of or person under contract with the health 16 care practitioner to refer a patient to a health care enti ty: 17 (1) In which the health care practitioner or the practitioner in combination 18 with the practitioner’s immediate family owns a beneficial interest; 19 (2) In which the practitioner’s immediate family owns a beneficial interest 20 of 3 percent or greater; or 21 (3) With which the health care practitioner, the practitioner’s immediate 22 family, or the practitioner in combination with the practitioner’s immediate family has a 23 compensation arrangement. 24 (b) A health care entity or a referring health care pract itioner may not present or 25 cause to be presented to any individual, third party payor, or other person a claim, bill, or 26 other demand for payment for health care services provided as a result of a referral 27 prohibited by this subtitle. 28 (c) Subsection (a) of this section applies to any arrangement or scheme, including 29 a cross –referral arrangement, which the health care practitioner knows or should know has 30 a principal purpose of assuring indirect referrals that would be in violation of subsection 31 (a) of thi s section if made directly. 32 (d) The provisions of this section do not apply to: 33 HOUSE BILL 1053 5 (10) A health care practitioner who refers a patient to a dialysis facility, if 1 the patient has been diagnosed with end stage renal disease as defined in the Medicare 2 regu lations pursuant to the Social Security Act; [or] 3 (11) A health care practitioner who refers a patient to a hospital in which 4 the health care practitioner has a beneficial interest if: 5 (i) The health care practitioner is authorized to perform servic es at 6 the hospital; and 7 (ii) The ownership or investment interest is in the hospital itself and 8 not solely in a subdivision of the hospital ; OR 9 (12) FROM JANUARY 1, 2019, TO MAY 31, 2025, BOTH INCLUSIVE , A 10 HEALTH CARE PRACTITI ONER WHO HAS A BENEF ICIAL INTEREST IN AND P RACTICES 11 MEDICINE AT AN INTEG RATED COMMUNITY ONCO LOGY CENTER THAT 12 PARTICIPATES IN THE INTEGRATED COMMUNITY ONCOLOGY REPORTING PROGRAM 13 ESTABLISHED UNDER SUBTITLE 3B OF THIS TITLE . 14 (e) A health care practitioner exempted from the provis ions of this section in 15 accordance with subsection (d) shall be subject to the disclosure provisions of § 1 –303 of 16 this subtitle. 17 SUBTITLE 3B. INTEGRATED COMMUNITY ONCOLOGY REPORTING PROGRAM . 18 1–3B–01. 19 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE M EANINGS 20 INDICATED . 21 (B) “BENEFICIAL INTEREST ” HAS THE MEANING STAT ED IN § 1–301 OF THIS 22 TITLE . 23 (C) “COMMISSION ” MEANS THE MARYLAND HEALTH CARE COMMISSION . 24 (D) “GROUP PRACTICE ” HAS THE MEANING STAT ED IN § 1–301 OF THIS 25 TITLE . 26 (E) “HEALTH CARE ENTITY ” HAS THE MEANING STAT ED IN § 1–301 OF THIS 27 TITLE . 28 (F) “HEALTH CARE PRACTITIO NER” MEANS A PERSON WHO : 29 6 HOUSE BILL 1053 (1) IS LICENSED , CERTIFIED , OR OTHERWISE AUTHORI ZED UNDER 1 THIS ARTICLE TO PROV IDE HEALTH CARE SERV ICES IN THE ORDINARY COURSE OF 2 BUSINESS OR PRACTICE OF A PROFESSION ; AND 3 (2) HAS A BENEFICIAL INTE REST IN AND PRACTICE S MEDICINE AT AN 4 INTEGRATED COMMUNITY ONCOLOGY CENTER APPR OVED UNDER THIS SUBT ITLE. 5 (G) “INTEGRATED COMMUNITY ONCOLOGY CENTER ” MEANS A HEALTH 6 CARE ENTITY THAT : 7 (1) OFFERS MEDICAL ONC OLOGY , RADIATION ONCOLOGY , AND 8 NONDIAGNOSTIC COMPUT ER TOMOGRAPHY SCAN S ERVICES IN THE SAME GROUP 9 PRACTICE ; 10 (2) IS OWNED : 11 (I) WHOLLY BY AN ONCOLOGY GROUP PRACTICE ; OR 12 (II) JOINTLY BY : 13 1. AN ONCOLOGY GROUP PRA CTICE THAT HAS AT LE AST 14 A 50% OWNERSHIP INTEREST IN THE INTEGRATED COMMU NITY ONCOLOGY CENTER ; 15 AND 16 2. A HOSPITAL , A HOSPITAL SYSTEM , OR AN ACADEMIC 17 MEDICAL CENTER THAT HAS THE REMAINDER OF THE OWNERSHIP INTERE ST IN THE 18 INTEGRATED COMMUNITY ONCOLOGY CENTER ; AND 19 (3) IS APPROVED BY THE COMMISSION TO PARTICI PATE IN THE 20 PROGRAM . 21 (H) “ONCOLOGIST ” MEANS A PHYSICIAN WH O IS: 22 (1) BOARD–CERTIFIED OR BOARD –ELIGIBLE IN MEDICAL ONCOLOGY , 23 RADIATION ONCOLOGY , HEMATOLOGY , OR ANOTHER ONCOLOGY SPECIALTY 24 RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES ; OR 25 (2) A SURGEON WHO CONSULTS PREDOMINANTLY WITH P ATIENTS 26 WHO HAVE A CANCER DI AGNOSIS . 27 (I) “ONCOLOGY GROUP PRACTI CE” MEANS A GROUP PRACTI CE THAT , ON 28 JANUARY 1, 2018, AND FOR THE DURATION OF THE PROGRAM , IS COMPOSED SOLELY 29 OF ONCOL OGISTS , AT LEAST 50% OF WHOM : 30 HOUSE BILL 1053 7 (1) ARE OWNERS OF THE PRA CTICE ; AND 1 (2) PRACTICE MEDICINE IN THE STATE UNDER A LICENSE ISSUED BY 2 THE STATE BOARD OF PHYSICIANS . 3 (J) “PROGRAM ” MEANS THE INTEGRATED COMMUNITY ONCOLOGY 4 REPORTING PROGRAM ES TABLISHED UNDER THIS SUBTITLE . 5 (K) “REFERRAL ” HAS THE MEANING STAT ED IN § 1–301 OF THIS TITLE . 6 (L) “WORKGROUP ” MEANS THE CLINICAL A DVISORY WORKGROUP 7 ESTABLISHED IN ACCOR DANCE WITH § 1–3B–03 OF THIS SUBTITLE . 8 1–3B–02. 9 (A) THERE IS AN INTEGRATE D COMMUNITY ONCOLOGY REPORTING 10 PROGRAM . 11 (B) THE PURPOSE OF THE PR OGRAM IS TO DETERMIN E IF INTEGRATED 12 COMMUNITY ONCOLOGY C ENTERS THAT HAVE HEA LTH CARE PRACTITIONE RS WHO 13 USE THE EXEMPTION FR OM THE PROHIBITION A GAINST SELF –REFERRAL UNDER § 14 1–302( D)(12) OF THIS TITLE HAVE T HE ABIL ITY TO : 15 (1) SAFELY AND APPROPRIAT ELY DELIVER RADIATIO N THERAPY TO 16 PATIENTS ; 17 (2) REDUCE THE PER CAPITA CASE MIX –ADJUSTED TOTAL COST OF 18 CARE FOR CANCER PATI ENTS PROVIDED SIMILA R SERVICES IN OTHER SETTINGS ; 19 (3) REDUCE THE AVERAGE PA TIENT COST–SHARING RESPONSIBILI TY 20 FOR CANCER PATIENTS PROVIDED SIMILAR SER VICES IN OTHER SETTI NGS; AND 21 (4) ACHIEVE THE GOALS AND MILESTONES OF MARYLAND ’S 22 ALL–PAYER MODEL CONTRACT . 23 1–3B–03. 24 (A) THE PROGRAM SHALL BE ADMINISTERED BY THE COMMISSION . 25 (B) THE COMMISSION SHALL ESTA BLISH A CLINICAL ADV ISORY 26 WORKGROUP TO : 27 8 HOUSE BILL 1053 (1) ADVISE THE COMMISSION ON THE DEV ELOPMENT OF 1 REGULATIONS ; AND 2 (2) ASSIST THE COMMISSION IN THE ONG OING MONITORING OF T HE 3 PERFORMANCE OF THE I NTEGRATED COMMUNITY ONCOLOGY CENTERS AND THE 4 PROGRAM . 5 (C) ON OR BEFORE NOVEMBER 1, 2017, THE COMMISSION SHALL ADOP T 6 REGULATIONS TO CARRY OUT THIS SUBTITLE . 7 1–3B–04. 8 (A) THE COMMISSION SHALL ESTA BLISH AN APPLICATION PROCESS FOR 9 THE PROGRAM THAT INC LUDES : 10 (1) A REQUIREMENT THAT AN APPLICANT SUBMIT AN APPLICATIO N 11 TO THE COMMISSION ON A FORM THAT THE COMMISSION REQUIRES ; 12 (2) AN APPLICATION FEE ; AND 13 (3) A SCHEDULE FOR THE APP LICATION PROCESS THA T REQUIRES 14 THE COMMISSION TO BEGIN A CCEPTING APPLICATION S ON JANUARY 1, 2018 . 15 (B) THE COMMISS ION SHALL ESTABLISH A SELECTION PROCESS TO 16 APPROVE NOT MORE THA N FOUR APPLICANTS TO PARTICIPATE IN THE P ROGRAM AS 17 FOLLOWS : 18 (1) NOT MORE THAN TWO INT EGRATED COMMUNITY ON COLOGY 19 CENTERS THAT ARE OWN ED WHOLLY BY AN ONCO LOGY GROUP PRACTICE ; AND 20 (2) NOT MORE THAN TWO INTEGR ATED COMMUNITY ONCOL OGY 21 CENTERS THAT ARE OWN ED JOINTLY BY : 22 (I) AN ONCOLOGY GROUP PRA CTICE THAT HAS AT LE AST A 50% 23 OWNERSHIP INTEREST I N THE INTEGRATED COM MUNITY ONCOLOGY CENT ER; AND 24 (II) A HOSPITAL , A HOSPITAL SYSTEM , OR AN ACA DEMIC 25 MEDICAL CENTER THAT HAS THE REMAINDER OF THE OWNERSHIP INTERE ST IN THE 26 INTEGRATED COMMUNITY ONCOLOGY CENTER . 27 (C) EACH APPLICANT SHALL DEMONSTRATE , TO THE SATISFACTION OF THE 28 COMMISSION , THAT THE APPLICANT : 29 HOUSE BILL 1053 9 (1) HAS THE ABILITY TO SE RVE PATIENTS I N: 1 (I) MARKETS WITH LIMITED CONSUMER CHOICES IN 2 RADIATION THERAPY PR OVIDERS ; 3 (II) MEDICALLY UNDERSERVED AREAS ; AND 4 (III) AREAS OF THE STATE WITH A SHORTAGE OF PRIMARY CARE 5 HEALTH CARE PRACTITIONERS ; 6 (2) (I) HAS PARTICIPATED IN MEDICARE AN D THE MARYLAND 7 MEDICAL ASSISTANCE PROGRAM AND , IF THE APPLICANT SPE CIALIZES IN 8 PEDIATRIC ONCOLOGY O R PEDIATRIC HEMATOLO GY SERVICES , THE MARYLAND 9 CHILDREN ’S HEALTH PROGRAM , FOR THE PREVIOUS 3 CALENDAR YEARS ; AND 10 (II) IS COMMITTED TO ACCEP TING PATIENTS ENROLLED IN 11 MEDICARE AND THE MARYLAND MEDICAL ASSISTANCE PROGRAM , AND, IF THE 12 APPLICANT SPECIALIZE S IN PEDIATRIC ONCOL OGY OR PEDIATRIC HEM ATOLOGY 13 SERVICES , THE MARYLAND CHILDREN ’S HEALTH PROGRAM , FOR THE DURATION 14 OF THE PROGRAM ; 15 (3) HAS SUFFICIENT EXPER TISE AND TECHNICAL C APABILITIES TO : 16 (I) CONDUCT INNOVATIVE ON COLOGY PAYMENT MODEL 17 STUDIES ; 18 (II) ENROLL PATIENTS IN CL INICAL TRIALS ; AND 19 (III) SUPPORT THE COLLECTIO N AND REPORTING OF 20 INFORMATION AS REQUI RED BY THE COMMISSION IN ACCORDA NCE WITH § 21 1–3B–05(B)(2) OF THIS SUBTITLE ; 22 (4) HAS THE ABILITY TO ME ET A MINIMUM NUMBER OF PHYSICIAN 23 ENCOUNTERS PER YEAR IN THE STATE , AS ESTABLISHED BY TH E COMMISSION ; AND 24 (5) PLANS TO PARTICIPATE IN EVIDENCE –BASED QUALITY AND 25 STANDARDIZED CARE PR OGRAMS TO : 26 (I) ACHIEVE THE GOALS OF MARYLAND ’S ALL–PAYER MODEL 27 CONTRACT ; AND 28 10 HOUSE BILL 1053 (II) PREVENT POSSIBLE REDU CTION OR WITHHOLDING OF 1 MEDICALLY NECESSARY ONCOLOGY O R HEMATOLOGY CARE OR THE ORDERING OR 2 DELIVERY OF CARE THA T IS NOT MEDICALLY N ECESSARY . 3 1–3B–05. 4 (A) AN INTEGRATED COMMUNI TY ONCOLOGY CENTER A PPROVED BY THE 5 COMMISSION MAY PARTIC IPATE IN THE PROGRAM FROM JANUARY 1, 2019 TO MAY 6 31, 2025, BOTH INCLUSIVE , AS LONG AS THE INTEGR ATED COMMUNITY ONCOL OGY 7 CENTER CONTINUES TO MEET THE PROGRAM REQ UIREMENTS . 8 (B) AN INTEGRATED COMMUNI TY ONCOLOGY CENTER S HALL : 9 (1) PARTICIPATE IN MEDICARE , THE MARYLAND MEDICAL 10 ASSISTANCE PROGRAM , AND, IF THE INTEGRATED CO MMUNITY ON COLOGY CENTER 11 INCLUDES ONCOLOGISTS SPECIALIZING IN PEDI ATRIC ONCOLOGY OR PE DIATRIC 12 HEMATOLOGY SERVICES , THE MARYLAND CHILDREN ’S HEALTH PROGRAM ; 13 (2) REPORT TO THE COMMISSION ANY INFORM ATION AND DATA THAT 14 THE COMMISSION REQUIRES T O CONDUCT ONGOING MO NITOR ING FOR THE 15 PROGRAM AND TO ACCOM PLISH THE PURPOSE OF THE PROGRAM ESTABLIS HED 16 UNDER § 1–3B–02(B) OF THIS SUBTITLE ; 17 (3) HELP THE STATE TO ACHIEVE THE GOALS OF THE ALL –PAYER 18 MODEL CONTRACT ; AND 19 (4) COMPLY WITH ANY OTHER REQUIREMENTS ESTABLI SHED BY THE 20 COMMISSION . 21 1–3B–06. 22 (A) (1) A HEALTH CARE PRACTITI ONER MAY NOT COLLECT OR ATTEMPT 23 TO COLLECT ANY MONEY FROM A PATIENT FOR A SERVICE PROVIDED IN AN 24 INTEGRATED COMMUNITY ONCOLOGY CENTER IF : 25 (I) THE PAY OR ISSUES AN ADVERSE DECISION THAT THE CA RE 26 PROVIDED IS OR WAS N OT MEDICALLY NECESSA RY, APPROPRIATE , OR EFFICIENT ; 27 AND 28 (II) THE HEALTH CARE PRACT ITIONER , AS AUTHORIZED BY THE 29 PATIENT , HAS EXHAUSTED ALL AV AILABLE APPEALS . 30 HOUSE BILL 1053 11 (2) A HEALTH CARE PRACTITI ONER MAY NOT COLLECT O R ATTEMPT 1 TO COLLECT AN AMOUNT OF MONEY FROM A PATI ENT FOR A COVERED SE RVICE 2 PROVIDED IN AN INTEG RATED COMMUNITY ONCO LOGY CENTER THAT IS GREATER 3 THAN ANY DEDUCTIBLE , COPAYMENT , OR COINSURANCE AMOUN T PAYABLE BY THE 4 PATIENT FOR COVERED SERVICES , TO BE CALCULATED AS IF THE SERVICE WAS 5 PROVIDED BY AN IN –NETWORK PROVIDER OR FACILITY . 6 (3) A HEALTH CARE PRACTITI ONER WHO PROVIDES SE RVICES AT AN 7 INTEGRATED COMMUNITY ONCOLOGY CENTER MAY NOT: 8 (I) REDUCE OR WITHHOLD ME DICALLY NECESSARY CA RE; OR 9 (II) ORDER OR DELIVER CARE THAT IS NOT MEDICALL Y 10 NECESSARY . 11 (B) A HEALTH CARE PRACTITI ONER WHO MAKES A LAW FUL REFERRAL , AT 12 THE TIME OF THE REFE RRAL , SHALL PROVIDE THE PA TIENT WITH WRITTEN N OTICE 13 THAT : 14 (1) DISCLOSES THE HEALTH CARE PRACTITIONER ’S BENEFICIAL 15 INTEREST AS REQUIRED BY § 1–303( B) OF THIS TITLE ; AND 16 (2) INCLUDES : 17 (I) A STATEMENT THAT THE H EALTH CARE PRACTITIO NER 18 PRACTICES MEDICINE A T AN INTEGRATED COMM UNITY ONCOLOGY CENTE R THAT 19 PARTICIPATES IN THE PROGRAM ; 20 (II) A SUMMARY , IN CLEAR AND SIMPLE LAN GUAGE , OF THE 21 MOST RECENT PUBLICLY AVAILABLE REPORT ON THE PERFORMANCE OF T HE 22 INTEGRATED COMMUNITY ONCOLOGY CENTER SUBM ITTED IN ACCORDANCE WITH § 23 1–3B–08 OF THIS SUBTITLE ; AND 24 (III) A STATEMENT OF THE PRO HIBITIONS ESTABLISHE D IN 25 SUBSECTION (A) OF THIS SECTION . 26 (C) A HEALTH CARE PRACTITI ONER WHO FAILS TO CO MPLY WITH THIS 27 SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE 28 NOT EXCEEDING $5,000. 29 1–3B–07. 30 12 HOUSE BILL 1053 (A) THE COMMISSION SHALL ESTA BLISH A PROCESS FOR THE ONGOING 1 MONITORING OF THE PE RFORMANCE OF EACH IN TEGRATED COMMUNITY 2 ONCOLOGY CENTER TO E NSURE : 3 (1) THE PURPOSE OF THE PR OGRAM ESTABLISHED UN DER § 4 1–3B–02(B) OF THIS SUBTITLE IS ACCOMPLISHED ; AND 5 (2) THE PROTECTION OF PAT IENTS TREATED AT EAC H INTEGRATED 6 COMMUNITY ONCOLOGY C ENTER FROM : 7 (I) THE POSSIBLE REDUCTIO N OR WITHHOLDING OF 8 MEDICALLY NECESSARY ONCOLOGY OR HEMATOLO GY CARE ; OR 9 (II) THE ORDERING OR DELIV ERY OF CARE THAT IS NOT 10 MEDICALLY NECESSARY . 11 (B) IN CONSULTATION WITH THE WORKG ROUP , THE HEALTH SERVICES 12 COST REVIEW COMMISSION , THE HEALTH EDUCATION AND ADVOCACY UNIT OF 13 THE OFFICE OF THE ATTORNEY GENERAL , AND THE DEPARTMENT OF HEALTH AND 14 MENTAL HYGIENE , THE COMMISSION SHALL : 15 (1) REVIEW THE INFORMATIO N AND DATA THE COMMISSION 16 REQ UIRES TO BE REPORTED IN ACCORDANCE WITH § 1–3B–05(B)(2) OF THIS 17 SUBTITLE ; AND 18 (2) DETERMINE IF AN INTEG RATED COMMUNITY ONCO LOGY CENTER 19 MAY: 20 (I) REMAIN IN THE PROGRAM ; 21 (II) REMAIN IN THE PROGRAM SUBJECT TO APPROVAL OF A 22 CORRECTIVE ACTION PL AN AN D CONTINUED MONITORI NG BY THE COMMISSION ; OR 23 (III) BE DISQUALIFIED FROM THE PROGRAM . 24 (C) THE COMMISSION SHALL : 25 (1) (I) PROVIDE EACH INTEGRAT ED COMMUNITY ONCOLOG Y 26 CENTER WITH WRITTEN NOTICE OF A DETERMIN ATION MADE UNDER SUB SECTION 27 (B) OF THIS SECTION , INCLUDING AN EXPLANA TION OF THE DETERMIN ATION AND 28 COPIES OF ANY SUPPOR TING DATA OR INFORMA TION ; AND 29 HOUSE BILL 1053 13 (II) ESTABLISH A PROCESS F OR AN INTEGRATED COM MUNITY 1 ONCOLOGY CENTER TO A PPEAL A DETERMINATIO N; 2 (2) REQUIRE EACH INTEGRAT ED COMMUNITY ONCOL OGY CENTER 3 THAT IS DISQUALIFIED FROM THE PROGRAM TO SUBMIT TO THE COMMISSION A 4 WRITTEN PLAN FOR CLO SING THE INTEGRATED COMMUNITY ONCOLOGY C ENTER OR 5 DIVESTING THE INTEGR ATED COMMUNITY ONCOL OGY CENTER ’S RADIATION 6 THERAPY SERVICES IN A TIMELY MANNER ; AND 7 (3) ESTABLISH PROCEDURES FOR THE SUBMISSION , APPROVAL OR 8 REJECTION , AND MONITORING OF : 9 (I) A CORRECTIVE ACTION PL AN; OR 10 (II) A PLAN FOR AN INTEGRAT ED COMMUNITY ONCOLOG Y 11 CENTER TO CLOSE OR D IVEST ITS RADIATION THERAPY SERVICES . 12 1–3B–08. 13 (A) ON OR BEFORE DECEMBER 1, 2019, AND ON OR BEFORE DECEMBER 1 14 EACH SUBSEQUENT YEAR , THE COMMISSION SHALL REPO RT TO THE GOVERNOR 15 AND, SUBJECT TO § 2–1246 OF THE STATE GOVERNMENT ARTICLE , THE SENATE 16 EDUCATION , HEALTH , AND ENVIRONMENTAL AFFAIRS COMMITTEE AND THE 17 HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE 18 EFFECTIVENESS OF THE PROGRAM IN FURTHERIN G THE PURPOSE ESTABL ISHED 19 UNDER § 1–3B–02 OF THIS SUBTITLE AND THE PERFORMANCE OF E ACH 20 INTEGRATED COMMUNITY ONCOLOGY CENTER PART ICIPATING IN THE PRO GRAM . 21 (B) ON OR BEFORE DECEMBER 1, 2024, THE COMMISSION , IN 22 CONSULTATION WITH TH E WORKGROUP , SHALL : 23 (1) CONDUCT A STUDY OF TH E PERFORMANCE OF EAC H INTEGRATED 24 COMMUNITY ONCOLOGY C ENTER PARTICIPATING IN THE PROGRAM BASED ON THE 25 INFORMATION THE COMMISSION REQUIRES T O BE REPORTED IN ACCOR DANCE 26 WITH § 1–3B–05(B)(2) OF THIS SUBTITLE AND ANY OTHER INFORMATIO N THE 27 COMMISSION DETERMINES IS RELEVANT DURING T HE MONITORING OF AN 28 INTEGRATED COMMUNITY ONCOLOGY CENTER ; 29 (2) DETERMINE THE IMPACT THE PROGRAM HAS ON T HE GOALS AND 30 MILESTONES OF MARYLAND ’S ALL–PAYER MODEL CONTRACT , INCLUDING THE 31 TOTAL COST OF CARE ; AND 32 14 HOUSE BILL 1053 (3) REPORT ON THE STUDY A ND DETERMINATION TO THE GOVERNOR 1 AND, SUBJECT TO § 2–1246 OF THE STATE GOVERNMENT ARTICLE , THE SENATE 2 EDUCATION , HEALTH , AND ENVIRONMENTAL AFFAIRS COMMITTEE AND THE 3 HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE . 4 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5 1, 2017. It shall remain effective for a period of 8 years and 1 month and, at the end of June 6 30, 2025 , with no further action required by the General Assembly, this Act shall be 7 abrogated and of no further force and effect. 8
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Integrated Community Oncology Reporting Program
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Prohibiting the State Board of Physicians from requiring, as a qualification to obtain a license or as a condition to renew a license, certification by a specified accrediting organization that specializes in a specific area of medicine or maintenance of certification by a specified accrediting organization that includes specified reexamination as a requirement for maintaining certification.
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the purpose of prohibiting the State Board of Physicians from requiring , as a 4 qualification to obtain a license or as a condition to renew a license , certification by 5 a certain accrediting organization that specializes in a specific area of medicine or 6 maintenance of certification by a certain accrediting organization that includes 7 certain reexamination as a requirement for maintaining certification ; and generally 8 relating to physician licensure by the State Bo ard of Physicians. 9 BY adding to 10 Article – Health Occupations 11 Section 14 –205(d) 12 Annotated Code of Maryland 13 (2014 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 Occupations 17 14–205. 18 (D) NOTWITHSTANDING ANY O THER LAW , THE BOARD MAY NOT REQUIRE AS 19 A QUALIFICATION TO O BTAIN A LICENSE OR AS A CONDITION TO RENEW A LICENSE : 20 (1) CERTIFICATION BY A NA TIONALLY RECOGNIZED ACCREDITI NG 21 ORGANIZATION THAT SP ECIALIZES IN A SPECI FIC AREA OF MEDICINE ; OR 22 2 HOUSE BILL 1054 (2) MAINTENANCE OF CERTIF ICATI ON BY A NATIONALLY 1 REC OGNIZED ACCREDITING ORGANIZA TION THAT SPECIALIZE S IN A SPECIFIC AREA 2 OF MEDICINE THAT INC LUDES CONTI NUOUS REEXAMI NATION TO MEASURE CORE 3 COMPETENCIES IN THE PRACTICE OF MEDICINE AS A REQUIREMENT FOR 4 MAINTAINING CERTIFIC ATION . 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2017. 7
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State Board of Physicians - Physician Licensure - Prohibition on Requiring Specialty Certification
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Altering specified limits on debt in St. Mary's County; subjecting specified bonds and other evidences of indebtedness issued under the authority of the St. Mary's County Sanitary Commission Act to a specified limitation; and requiring the responsibility for repayment to remain with the St. Mary's County Metropolitan Commission.
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the purpose of altering certain limits on debt in St. Mary’s County to reflect the 3 changes in the computation of assessments as a result of the transition to full value 4 assessments; subjecting certain bonds and other evidences of indebtedness issued 5 under the authority of the St. Mary’s County Sanitary Commission Act to a certain 6 limitation; and generally relating to limitations on debt issue d under the approval of 7 the County Commissioners of St. Mary’s County. 8 BY repealing and reenacting, with amendments, 9 The Public Local Laws of St. Mary’s County 10 Section 27 –11 11 Article 19 – Public Local Laws of Maryland 12 (2007 Edition and October 2014 Supplement, as amended) 13 BY repealing and reenacting, with amendments, 14 The Public Local Laws of St. Mary’s County 15 Section 113 –6 16 Article 19 – Public Local Laws of Maryland 17 (2007 Edition and October 2014 Supplement, as amended) 18 (As enacted by Chapter 284 of the Acts of the General Assembly of 2016) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article 19 – St. Mary’s County 22 27–11. 23 2 HOUSE BILL 1055 A. Unless and until otherwise provided by ordinance of the Co unty 1 Commissioners within the limitations provided by public general law, the aggregate 2 amount of bonds and other evidences of indebtedness outstanding at any ONE time may 3 not exceed [five (5) percent upon the assessable basis of the county ] A TOTAL OF THE SUM 4 OF ONE AND EIGHT –TENTHS (1.8) PERCENT UPON THE ASS ESSABLE REAL PROPERT Y 5 IN THE COUNTY OTHER THAN THE OPERATING R EAL PROPERTY OF A PU BLIC 6 UTILITY AND FIVE (5) PERCENT UPON THE ASS ESSABLE PERSONAL PRO PERTY AND 7 OPERATING REAL PROPE RTY OF A PUBLIC UTIL ITY. However, tax anticipation notes or 8 other evidences of indebtedness having a maturity not in excess of twelve (12) months, 9 bonds or other evidences of indebtedness issued or guaranteed by the county, payable 10 primarily or exclusively from taxes levied in o r on or other revenues of special taxing areas 11 or districts heretofore or hereafter established by law, [and] bonds or other evidences of 12 indebtedness issued for self –liquidating and other projects payable primarily or exclusively 13 from the proceeds of asse ssments or charges for special benefits or services, and agreements 14 or other evidences of indebtedness executed or guaranteed by the county, payable primarily 15 or exclusively from investment instruments purchased by the county, that are guaranteed 16 to yield proceeds equal to or exceeding the amount of the county’s indebtedness, are not 17 subject to or to be included as bonds or evidences of indebtedness in computing or applying 18 the percent limitations above provided. 19 B. All bonds or other evidences of indebte dness issued under the authority of the 20 Sanitary Commission Act shall be [construed as exempt, under Subsection A above, from ] 21 SUBJECT TO the percent limitation SET FORTH in SUBSECTION A OF this section 22 [provided but shall continue as heretofore to be subj ect to the percent limitation as from 23 time to time provided in said Act ]. 24 C. All bonds or other evidences of indebtedness issued by the County 25 Commissioners for the benefit of St. Mary’s Hospital of St. Mary’s County may not be 26 included as bonds or other evidences of indebtedness in computing or applying the percent 27 limitation provided in Subsection A of this section. 28 113–6. 29 A. For the purpose of providing funds for the design, construction, establishment, 30 purchase or condemnation of water supply and sewerage systems in any of the sanitary 31 districts, the Commission, upon the approval of the County Commissioners of St. Mary’s 32 County AND IN ACCORDANCE WI TH § 27–11 OF THE ST. MARY’S COUNTY CODE , is 33 authorized and empowered to issue bonds, from time to tim e, upon the full faith and credit 34 of St. Mary’s County, in such amounts as it may deem to be necessary to carry on its work, 35 but at no time shall the total issue of bonds for all purposes under this chapter exceed 36 twenty –five (25) percent of the total valu e of the property assessed for County taxation 37 purposes within all of the sanitary districts in which public water or sewer facilities are 38 located. Subject to the conditions contained herein, the form, tenor, manner of selling and 39 all other matters relatin g to the issuance of bonds under this chapter shall be prescribed in 40 a resolution to be adopted by the St. Mary’s County Metropolitan Commission prior to sale 41 of the bonds. [The] EXCEPT AS PROVIDED IN § 27–11 OF THE ST. MARY’S COUNTY 42 HOUSE BILL 1055 3 CODE, THE issuance of such bonds may not be subject to any limitations or conditions 1 contained in any other law, and the Commission may sell such bonds in such manner, either 2 at public or private sale, and for such price, as it may determine to be for the best interests 3 of the Commission and the County Commissioners of St. Mary’s County. The bonds shall 4 be serial bonds issued upon the serial maturing plan and in such denominations as shall 5 be determined by the Commission. The bonds may be redeemable before maturity at the 6 option of the Commission at such price and under such terms and conditions as may be 7 fixed by the Commission prior to the issuance of the bonds, shall bear interest at such rate 8 or rates payable semiannually, as shall be determined by a resolution of the St. Mar y’s 9 County Metropolitan Commission adopted prior to the delivery of the bonds, and shall 10 mature in not more than forty (40) years after date of issue and shall be forever exempt 11 from State, City and County taxation as hereinafter provided. They shall be is sued under 12 the signature and seal of the Commission and shall be unconditionally guaranteed as to 13 payment of both principal and interest by the County Commissioners of St. Mary’s County, 14 a political subdivision of the State of Maryland, which guaranty shal l be endorsed on each 15 of the bonds in the following language: “The payment of interest when due and the principal 16 at maturity is guaranteed by the County Commissioners of St. Mary’s County, Maryland.” 17 Such endorsement shall be signed on each of the bonds b y the President and by the Clerk 18 of the Board of County Commissioners of the County, or another person lawfully assigned 19 to the functions of the Clerk, within ten (10) days after the bonds are presented by the 20 Commission to them for endorsement. 21 B. The p rincipal amount of bonds issued hereunder, the interest payable thereon, 22 their transfer and any income derived therefrom, including any profit made in the sale or 23 transfer thereof, shall be and remain exempt from taxation by the State of Maryland and 24 by th e several counties and municipal corporations of this State. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 October 1, 2017. 27
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St. Mary's County - Bonds and Other Evidences of Indebtedness - Limitations and Repayment
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Establishing a method of election for specified court offices on a nonpartisan basis, without regard to political party affiliation; establishing a primary election for candidates for nomination for specified court offices to be administered in a specified manner; authorizing any registered voter, with or without any political party affiliation, to participate in such a primary; prohibiting candidates from appearing on primary ballots under specified circumstances; etc.
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the purpose of establishing a method of election for certain court offices on a 3 nonpartisan basis, without regard to political party affiliation; establishing a 4 primary election for candidates for nomination for certain court offices to be 5 administered in a certain manner; authorizing any registered voter, with or without 6 any political party affiliation, to participate in such a primary; prohibiting 7 candidates from appearing on primary ballots under certain circumstances; 8 establishing that candidates fo r certain court offices may not be nominated by 9 petition or by a political party that is not required to nominate its candidates by 10 party primary; and generally relating to a nonpartisan nomination and election for 11 certain court offices. 12 BY repealing an d reenacting, with amendments, 13 Article – Election Law 14 Section 5 –203, 5 –703(a), 5 –703.1(a), and 9 –210(a) 15 Annotated Code of Maryland 16 (2010 Replacement Volume and 2016 Supplement) 17 BY repealing and reenacting, without amendments, 18 Article – Election Law 19 Section 5 –301(a) 20 Annotated Code of Maryland 21 (2010 Replacement Volume and 2016 Supplement) 22 BY adding to 23 Article – Election Law 24 Section 8 –901 through 8 –906 to be under the new subtitle “Subtitle 9. Nonpartisan 25 Election for Court Offices ” 26 Annotated Code of Maryland 27 2 HOUSE BILL 1056 (2010 Replacement Volume and 2016 Supplement) 1 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 That the Laws of Maryland read as follows: 3 Article – Election Law 4 5–203. 5 (a) (1) This subsection does not apply to a candidate for: 6 (i) President or Vice President of the United States; or 7 (ii) any federal office who seeks nomination by petition. 8 (2) Unless the individual is a registered voter affiliated with the political 9 party, an individual may not be a candidate for: 10 (i) an office of that political party; or 11 (ii) except as provided in subsection (b) of this section, nomination 12 by that political party. 13 (b) The requirements for party affiliation specified under subsection (a) of this 14 section do not apply to a can didate for: 15 (1) a judicial office; [or] 16 (2) a county board of education ; OR 17 (3) THE FOLLOWING COURT O FFICES : 18 (I) CLERK OF THE CIRCUIT COURT ; 19 (II) JUDGE OF THE ORPHANS ’ COURT ; 20 (III) REGISTER OF WILLS ; 21 (IV) SHERIFF ; OR 22 (V) STATE’S ATTORNEY . 23 5–301. 24 (a) An individual may become a candidate for a public or party office only if: 25 HOUSE BILL 1056 3 (1) the individual files a certificate of candidacy in accordance with this 1 subtitle; and 2 (2) the individual does not file a certificate of wit hdrawal under Subtitle 5 3 of this title. 4 5–703. 5 (a) (1) Except [for a candidate for a nonpartisan county board of education ] AS 6 PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , this section applies to any 7 candidate for public office subject to this title. 8 (2) THIS SECTION DOES NOT APPLY TO : 9 (I) A CANDIDATE FOR A NONPARTISAN COUNTY BOARD OF 10 EDUCATION ; OR 11 (II) A CANDIDATE FOR : 12 1. CLERK OF THE COURT ; 13 2. JUDGE OF THE ORPHANS ’ COURT ; 14 3. REGISTER OF WILLS ; 15 4. SHERIFF ; OR 16 5. STATE’S ATTORNEY . 17 5–703.1. 18 (a) (1) Except [for a candidate for a nonpartisan county board of education ] AS 19 PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , this section applies to any 20 candidate for public office subject to this title. 21 (2) THIS SECTION D OES NOT APPLY TO : 22 (I) A CANDIDATE FOR A NONPARTISAN COUNTY BOARD OF 23 EDUCATION ; OR 24 (II) A CANDIDATE FOR : 25 1. CLERK OF THE COURT ; 26 4 HOUSE BILL 1056 2. JUDGE OF THE ORPHANS ’ COURT ; 1 3. REGISTER OF WILLS ; 2 4. SHERIFF ; OR 3 5. STATE’S ATTORNEY . 4 SUBTITLE 9. NONPARTISAN ELECTION FOR COURT OFFICES . 5 8–901. 6 THIS SUBTITLE APPLIES TO THE FOLLOWING COU RT OFFICES : 7 (1) CLERK OF THE COURT ; 8 (2) JUDGE OF THE ORPHANS ’ COURT ; 9 (3) REGISTER OF WILLS ; 10 (4) SHERIFF ; AND 11 (5) STATE’S ATTORNEY . 12 8–902. 13 EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE PROVISIONS OF 14 THIS ARTICLE RELATIN G TO THE NOMINATION AND ELECTION OF CAND IDATES TO 15 PUBLIC OFFICE SHALL GOVERN THE NOMINATIO N AND ELECTION FOR COU RT 16 OFFICES SUBJECT TO THIS SUBT ITLE. 17 8–903. 18 (A) (1) AN OFFICER UNDER THIS SUBTITLE SHALL BE EL ECTED ON A 19 NONPARTISAN BASIS . 20 (2) IN A PRIMARY ELECTION TO NOMINATE A CANDID ATE FOR AN 21 OFFICE UNDER THIS SU BTITLE , ANY REGISTERED VOTER OF THE COUNTY , 22 REGARDLESS OF PARTY AFFILIATION OR LACK OF PARTY AFFILI ATION , IS ELIGIBLE 23 TO VOTE IN THE CONTE ST FOR NOMINATION FO R ONE CANDIDATE . 24 (B) A CANDIDATE FOR ELECTI ON TO AN OFFICE UNDE R THIS SUBTITLE 25 SHALL , WITHOUT PARTY DESIGN ATION OR REGARD TO P ARTY AFFILIATION : 26 HOUSE BILL 1056 5 (1) FILE A CERTIFICATE O F CANDIDACY ; 1 (2) BE CERTIFIED TO THE BAL LOT; 2 (3) APPEAR ON THE BALLOT ; 3 (4) BE VOTED ON ; AND 4 (5) BE NOMINATED AND ELE CTED . 5 8–904. 6 (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 7 CANDIDATE FOR AN OFF ICE UNDER THIS SUBTI TLE SHALL BE NOMINAT ED AT THE 8 PRIMARY ELECTION . 9 (2) IF, AFTER THE DEADLINE F OR WITHDRAWAL AS PRO VIDED IN § 10 5–503 OF THIS ARTICLE , THERE ARE NO MORE TH AN TWO CANDIDATES WH O HAVE 11 FILED CERTIFICATES O F CANDIDACY FOR A CO NTEST UNDER THIS SUB TITLE , A 12 CERTIFICATE OF NOMIN ATION SHALL BE ISSUED TO EACH CANDI DATE . 13 (B) (1) IF A CANDIDATE DIES O R BECOMES DISQUALIFI ED BEFORE THE 14 BALLOTS ARE PRINTED OR AT A TIME WHEN TH E BALLOTS CAN BE REP RINTED , THE 15 NAME OF THE CANDIDAT E MAY NOT APPEAR ON THE BALLOT . 16 (2) IF A CANDIDATE DIES O R BECOMES DIS QUALIFIED AFTER THE 17 BALLOTS ARE PRINTED AND IT IS TOO LATE F OR THE BALLOTS TO BE REPRINTED , 18 ANY VOTES CAST FOR T HAT CANDIDATE MAY NO T BE COUNTED . 19 (C) (1) THE TWO CANDIDATES WH O RECEIVE THE HIGHEST NUMBER OF 20 VOTES IN A CONTEST I N THE PRIMARY ELECTI ON SHAL L BE THE NOMINATED 21 CANDIDATES . 22 (2) IF TWO OR MORE CANDID ATES IN A CONTEST EA CH RECEIVE THE 23 LOWEST NUMBER OF VOT ES NECESSARY TO QUAL IFY FOR NOMINATION , CREATING 24 A TIE FOR THE LAST N OMINATION FOR THE OF FICE TO BE FILLED , EACH SHALL BE A 25 NOMINATED CANDIDAT E. 26 8–905. 27 (A) AFTER THE PRIMARY ELE CTION BUT BEFORE THE GENERAL ELECTION , 28 IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR BECOMES DISQUALIF IED 29 6 HOUSE BILL 1056 BEFORE THE BALLOTS A RE PRINTED OR AT A T IME WHEN THE BALLOTS CAN BE 1 REPRINTED , THE NAME OF THE NOMI NEE MAY NOT APPEAR ON THE BALLOT . 2 (B) IF A NOMINEE DIES , DECLINES THE NOMINAT ION, OR IS DISQUALIFIED 3 AFTER THE BALLOTS AR E PRINTED AND IT IS TOO LATE FOR THE BAL LOTS TO BE 4 REPRINTED , AND IF THAT NOMINEE RECEIVES SUFFICIENT VOTES TO HAVE BEEN 5 ELECTED , THE OFFICE SHAL L BE DEEMED VACANT A ND SHALL BE FILLED A S IF THE 6 VACANCY HAD OCCURRED DURING THE TERM OF O FFICE . 7 8–906. 8 (A) IN A GENERAL ELECTION FOR A CONTEST UNDER THIS SUBTITLE , A 9 VOTER MAY VOTE FOR O NE NOMINEE . 10 (B) (1) THE NOMINEE WHO RECEI VES THE HIGHEST NUMBER OF VOTES 11 IN THE GENERAL ELECT ION SHALL BE DECLARE D ELECTED . 12 (2) (I) IF TWO OR MORE NOMINE ES EACH RECEIVE THE NUMBER 13 OF VOTES NECESSARY T O QUALIFY FOR ELECTI ON, CREATING A TIE FOR T HE OFFICE 14 TO BE FILLED , THE OFFICE SHALL BE CONSIDERED VACANT . 15 (II) A VACANCY OCCURRING UN DER SUBPARAGRAPH (I) OF THIS 16 PARAGRAPH SHALL BE F ILLED : 17 1. AS IF THE VACANCY OC CURRED DURING THE TE RM OF 18 OFFICE FOR WHICH THE ELECTION IS BEING HE LD; AND 19 2. BY THE SELECTION OF ONE OF THE NOMINEES WHO 20 TIES IN THE GENERAL ELEC TION . 21 9–210. 22 (a) The offices to be voted on shall be arranged on the ballot in the following order, 23 as applicable: 24 (1) public offices for which voters of the entire State may vote, in the 25 following order: 26 (i) President of the United States, or President and Vice President 27 of the United States; 28 (ii) Governor and Lieutenant Governor; 29 (iii) Comptroller; 30 HOUSE BILL 1056 7 (iv) Attorney General; and 1 (v) United States Senator; 2 (2) Representative in Congress; 3 (3) members of the General Assembly of Maryland, in the following order: 4 (i) Senate of Maryland; and 5 (ii) House of Delegates; 6 (4) members of the governing body of a county, in the following order: 7 (i) county executive; and 8 (ii) county council or county commissioner; 9 (5) offices in the government of the City of Baltimore, in the following 10 order: 11 (i) Mayor; 12 (ii) President of the City Council; 13 (iii) Comptroller; and 14 (iv) member of the City Council; 15 (6) judicial offices, in the following order: 16 (i) judge of the circuit court; and 17 (ii) appellate judges, continuance in office, in the following order: 18 1. Court of Appeals; and 19 2. Court of Special Appeals; 20 (7) public offices for which the voters of a county may vote, in the following 21 order: 22 (i) county treasurer; 23 (ii) State’s Attorney; 24 (iii) clerk of the circuit court; 25 8 HOUSE BILL 1056 (iv) register of wills; 1 (v) judge of the orphans’ court; 2 (vi) sheriff; and 3 (vii) other offices filled by partisan election; 4 (8) party offices; and 5 (9) OTHER offices filled by nonpartisan election. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2017. 8
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Election Law - Court Offices - Nonpartisan Elections
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Adding the crime of kidnapping to the list of crimes, the commission of which subjects an individual to the issuance of a permanent final protective order against the individual under specified circumstances; and expanding the circumstances under which a court is required to issue a specified permanent final protective order.
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the purpose of adding the crime of kidnapping to the list of crimes, the commission of 3 which subjects an individual to the issuance of a permanent final protective order 4 against the individual under certa in circumstances; expanding the circumstances 5 under which a court is required to issue a certain p ermanent final protective order ; 6 and generally relating to domestic violence. 7 BY repealing and reenacting, with amendments, 8 Article – Family Law 9 Section 4 –506(k) 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 – Family Law 15 4–506. 16 (k) (1) Notwithstanding any other provision of this section, the court shall 17 issue a new final protective order against an individual if: 18 (i) the individual was previously a respondent under this subtitle 19 against whom a final protective order was issued; 20 2 HOUSE BILL 1057 (ii) 1. for the act of abus e that led to the issuance of the final 1 protective order, the individual was convicted and sentenced to serve a term of 2 imprisonment of at least 5 years under § 2 –205, § 2 –206, § 3 –202, § 3 –203, § 3 –303, § 3 3–304, § 3–305, § 3–306, § 3–309, § 3–310, § 3–311, [or] § 3–312, OR § 3–502 of the Criminal 4 Law Article or for conspiracy or solicitation to commit murder and the individual has served 5 at least 12 months of the sentence; [and] OR 6 2. DURING THE TERM OF T HE FINAL PROTECTIVE 7 ORDER , THE INDIVIDUAL WAS CONVICTED AND SENTEN CED TO SERVE A TERM OF 8 IMPRISONMENT OF AT L EAST 5 YEARS FOR A CRIME AGAINST THE VICTIM OF ABUSE 9 UNDER § 2–205, § 2–206, § 3–202, § 3–203, § 3–303, § 3–304, § 3–305, § 3–306, § 10 3–309, § 3–310, § 3–311, § 3–312, OR § 3–502 OF THE CRIMINAL LAW ARTICLE OR 11 FOR CONSPIRACY OR SO LICITATION TO COMMIT MURDER OF THE VICTIM OF ABUSE 12 AND THE INDIVIDUAL H AS SERVED AT LEAST 12 MONTHS OF THE SENTEN CE; AND 13 (iii) the victim of the abuse who was the person eligible for relief in 14 the original final protective order requests the issuance of a new final protective order. 15 (2) In a final protective order issued under this subsection, the court may 16 grant only the relief that was granted in the original protective order under subsection 17 (d)(1) or (2) of this section. 18 (3) Unless terminated at the request of the victim, a final protective order 19 issued under this subsection shall be permanent. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 October 1, 2017. 22
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Family Law - Domestic Violence - Permanent Final Protective Orders
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Increasing from one-third to one half the maximum portion of a home improvement contract price that a person may receive as a deposit before or at the time of execution of a home improvement contract.
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the purpose of authorizing certain home improvement retailers to obtain a certain 4 contract price of a home improvement contract at certain times under certain 5 circumstances; requiring certain home improvement retailers to post an irrevocable 6 letter of credit in a certain amount; authorizing certain owners to file a comp laint 7 with the Division of Consumer Protection in the Office of the Attorney General under 8 certain circumstance s; providing an exception for home improvement retailers to the 9 requirement that a person may not receive a deposit of more than one –third of a 10 home improvement contract price before or at the time of execution of a home 11 improveme nt contract; requiring the Division of Consumer Protection to notify the 12 home improvement retailer, investigate a certain complaint, and make certain 13 determinations under certain circumstances; authorizing the Division to draw on a 14 certain letter of credit under certai n circumstances; prohibiting a certain home 15 improvement retailer from posting a certain letter of credit for a certain period of 16 time under certain circumstances; providing the Division with the power to 17 investigate a certain home improvement retailer and draw on a certain letter of 18 credit in accordance with a certain provision of law; defining certain terms; and 19 generally relating to home improvement retailers and home improvement contracts. 20 BY adding to 21 Article – Business Regulation 22 Section 8 –501.1 23 Annotated Code of Maryland 24 (2015 Replacement Volume and 2016 Supplement) 25 BY repealing and reenacting, with amendments, 26 Article – Business Regulation 27 Section 8 –617 28 Annotated Code of Maryland 29 2 HOUSE BILL 1058 (2015 Replacement Volume and 2016 Supplement) 1 BY repealing a nd reenacting, without amendments, 2 Article – Commercial Law 3 Section 13 –201 4 Annotated Code of Maryland 5 (2013 Replacement Volume and 2016 Supplement) 6 BY repealing and reenacting, with amendments, 7 Article – Commercial Law 8 Section 13 –204(a)(1 4) and (1 5) 9 Annotated Code of Maryland 10 (2013 Replacement Volume and 2016 Supplement) 11 BY adding to 12 Article – Commercial Law 13 Section 13 –204(a)(1 6) 14 Annotated Code of Maryland 15 (2013 Replacement 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 – Business Regulation 19 8–501.1. 20 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21 INDICATED . 22 (2) “DIVISION” MEANS THE CONSUMER PROTECTION DIVISION OF 23 THE OFFICE OF THE ATTORNEY GENERAL . 24 (3) “HOME IMPROVEMENT RETA ILER” MEANS A RETAILER WHO 25 SELLS HOME IMPROVEME NT GOODS . 26 (B) (1) A HOME IMPROVEMENT RET AILER WHO EMPLOYS A CONTRACTOR 27 MAY OBTAIN THE FULL CONTRACT PRICE BEFORE OR AT THE TIME OF EXECUTIO N 28 OF THE HOME IMPROVEM ENT CONTRACT IF THE HOME IMPROVEMENT RETAILER 29 MEETS THE REQUIREMEN TS OF THIS SECTION . 30 (2) A HOME IMPROVEMENT RETAILER OR A CONTRACTOR EMPL OYED 31 BY A HOME IMPROVEMENT RETAILER WHO SEEK S THE FULL CONTRACT PR ICE 32 SHALL POST AN IRREVOCA BLE LETTER OF CREDIT , PAYABLE TO THE DIVISION , IN 33 HOUSE BILL 1058 3 THE AMOUNT OF $100,000 PER RETAIL STORE BUT NOT TO EXCEED $2,000,000 FOR 1 A HOME IMPROVEMENT RETAILER WITH MULTIP LE STORES . 2 (3) IN THE EVENT OF A DIS PUTE WITH A HOME IMP ROVEMENT 3 RETAILER OR A CONTRA CTOR EMPLOYED BY A HOME IMPROVEMENT RETAILER , AN 4 OWNER MAY FILE A COM PLAINT WITH THE DIVISION AGAINST THE HOME 5 IMPROVEMENT RETAILER AND REQUEST THAT THE DIVISION DRAW ON THE HOME 6 IMPROVE MENT RETAILER ’S LE TTER OF CREDIT . 7 (4) ON RECEIPT OF A COMPLAI NT, THE DIVISION SHALL : 8 (I) NOTIFY THE HOME IMPR OVEMENT RETAILER ; 9 (II) INVESTIGATE THE COMP LAINT ; AND 10 (III) DETERMINE IF THE HOME IMPROVEMENT RETAILE R IS IN 11 DEFAULT OF THE CONTRACT . 12 (5) IF THE DIVISION DETERMINES T HAT THE HOME IMPROVE MENT 13 RETAILER OR A CONTRA CTOR EMPLOYED BY THE HOME IMPROVEMENT RETAILER 14 IS IN DEFAULT OF THE CONTRACT , THE DIVISION MAY, AFTER PROVIDING NOTI CE 15 TO THE HOME IMPROVEMENT RETAILER , DRAW ON THE L ETTER OF CREDIT TO 16 SATISFY A CONSUMER ’S COMPLAINT . 17 (6) IF, IN ACCORDANCE WITH P ARAGRAPH (5) OF THIS SUBSECTION , 18 THE DIVISION DRAWS ON THE LETTER OF CREDIT OF A HOME IMPROVEMENT 19 RETAILER AT LEAST TWO TIMES WITHIN A 2–YEAR PERIOD , THE HOME 20 IMPROVEMENT RETAILER SHALL BE PR OHIBITED FROM POSTIN G AN IRREVOCABLE 21 LETTER OF CREDIT UNDER THIS SECTION FOR 5 YEARS . 22 8–617. 23 (a) A person may not demand or receive any payment for a home improvement 24 before the home improvement contract is signed. 25 (b) [A] EXCEPT A S PROVIDED IN § 8–501.1 OF THIS TITLE , A person may not 26 receive a deposit of more than one –third of the home improvement contract price before or 27 at the time of execution of the home improvement contract. 28 Article – Commercial Law 29 13–201. 30 4 HOUSE BILL 1058 There is a Div ision of Consumer Protection in the Office of the Attorney General. 1 The Division shall administer this subtitle. 2 13–204. 3 (a) In addition to any other of its powers and duties, the Division has the powers 4 and duties to: 5 (14) Maintain a list of nonprofit organizations that: 6 (i) Solely offer counseling or advice to homeowners in foreclosure or 7 loan default; and 8 (ii) Are not directly or indirectly related to and do not contract for 9 services with for –profit lenders or foreclosure purchasers, as defined in § 7 –301 of the Real 10 Property Article; [and] 11 (15) (i) Bring a civil action for damages against a person who violat es § 12 8–801 of the Criminal Law Article on behalf of a victim of the offense or, if the victim is 13 deceased, the victim’s estate; 14 (ii) Recover damages under this item for property loss or damage; 15 and 16 (iii) If the Division prevails in an action brough t under this item, 17 recover the costs of the action for the use of the Office of the Attorney General ; AND 18 (16) INVESTIGATE , IN ACCORDANCE WITH § 8–501.1 OF THE BUSINESS 19 REGULATION ARTICLE , A RETAILER WHO SELLS HOME IMPROVEMENT GOO DS AND 20 DRAW S ON A LETTE R OF CREDIT POSTED BY THE RETAILER . 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2017. 23
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Business Regulation - Home Improvement Contracts
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Establishing the Task Force to Study the Effect of Section 8 Housing on Neighborhoods in Baltimore County; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving specified compensation, but authorizing the reimbursement of specified expenses; requiring the Task Force to study specified social and economic impacts Section 8 housing would have on Baltimore County; requiring the Task Force to report on its findings and recommendations on or before January 31, 2018; etc.
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the purpose of establishing the Task Force to Study the Effect of Section 8 Housing 4 on Neighborhoods in Baltimore County; pro viding for the composition, chair, and 5 staffing of the Task Force; prohibiting a member of the Task Force from receiving 6 certain compensation, but authorizing the reimbursement of certain expenses; 7 requiring the Task Force to study certain social and econo mic impact s Section 8 8 housing would have on Baltimore County ; requiring the Task Force to report its 9 findings and recommendations to the Governor, the County Executive for Baltimore 10 County, the County Council of Baltimore County, and the Baltimore County 11 Delegation of the General Assembly on or before a certain date; providing for the 12 termination of this Act; defining a certain term; and gen erally relating to the Task 13 Force to Study the Effect of Section 8 Housing on Neighborhoods in Baltimore 14 County . 15 SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND, 16 That: 17 (a) In this section, “Section 8 housing” means housing funded through § 8 of the 18 Housing Act of 1937 and regulations adopted under § 8. 19 (b) There is a Task Force to Study the Effect of Section 8 Housing on 20 Neighborhoods in Baltimore County . 21 (c) The Task Force consists of the following members: 22 (1) one member appointed by the County Executive of Baltimore County ; 23 (2) one member appointed by each House of Del egates member serving in 24 the Baltimore County House Delegation of the General Assembly ; 25 2 HOUSE BILL 1059 (3) one member appointed by each member serving in the Baltimore 1 County Council; and 2 (4) one member appointed by each Senate member serving in the Baltimore 3 Count y Senate Delegation of the General Assembly. 4 (d) The County Executive of Baltimore County shall designate the chair of the 5 Task Force. 6 (e) The Department of Housing and Community Development shall provide staff 7 for the Task Force . 8 (f) A member of the Task Force: 9 (1) may not receive compensation as a member of the Task Force; but 10 (2) is entitled to reimbursement for expenses under the Standard State 11 Travel Regulations, as provided in the State budget. 12 (g) The Task Force shall study the impact Section 8 housing would have in 13 Baltimore County on: 14 (1) public safety, specifically on the prevalence of drug use ; 15 (2) poverty levels ; 16 (3) neighborhood quality of life in neighborhoods accepting Section 8 17 housing; 18 (4) public nuisances occurring in neighborhoods accepting Section 8 19 housing; 20 (5) the cost of education ; 21 (6) the cost of c ounty services; 22 (7) the cost of social services and pub lic benefits ; 23 (8) the cost of health services; and 24 (9) neighborhood health quality in neighborhoods accepting Section 8 25 housing. 26 (h) On or before January 31, 2018 , the Task Force shall report its fi ndings and 27 recommendations to the Governor , the County Executive of Baltimore County , the County 28 HOUSE BILL 1059 3 Council of Baltimore County, and, in accordan ce with § 2 –1246 of the State Governmen t 1 Article, the Baltimore County Delegation of the General Assembly . 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 1, 2017 . It shall remain effective for a period of 1 year and, at the e nd of June 30, 2018, 4 with no further action required by the General Assembly, this Act shall be abrogated and 5 of no further force and effect. 6
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Task Force to Study the Effect of Section 8 Housing on Neighborhoods in Baltimore County
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Altering homebuyer education requirements for a loan recipient in the Down Payment and Settlement Expense Loan Program in the Department of Housing and Community Development; establishing specified requirements for the Department's homebuyer education requirements; providing that specified provisions do not alter or preempt the authority of a political subdivision to establish homebuyer education or counseling requirements for a down payment assistance program operated by the political subdivision; etc.
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the purpose of altering certain homebuyer education requirements for a loan recipient 4 in the Down Payment and Settlement Expense Loan Program in the Department of 5 Housing and Community Development; altering certain purposes of the Housing 6 Counseling and Foreclosure Mediation Fund in the Department to include support 7 of certain homebuyer education for low – and moderate –income households; and 8 generally relating to homebuyer education and the Department of Housing and 9 Community Development . 10 BY repealing and reenacting, without amendments, 11 Article – Housing and Community Development 12 Section 4 –302 13 Annotated Code of Maryland 14 (2006 Volume and 2016 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Housing and Community Development 17 Section 4 –308 and 4 –507 18 Annotated Code of Maryland 19 (2006 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 – Housing and Community Development 23 4–302. 24 2 HOUSE BILL 106 There is a Down Payment and Settlement Expense Loan Progra m. 1 4–308. 2 [(a) Except as provided in subsection (b) of this section, a ] A recipient of a Program 3 loan shall complete homebuyer education that meets the requirements of the Department. 4 [(b) If the political subdivision in which a Program loan recipient will use a 5 Program loan administers a down payment or settlement expense loan program that 6 requires homebuyer education, the homebuyer education to be completed by the Program 7 loan recipient must meet the more stringent of the requirements of the Departme nt and 8 the requirements of the political subdivision. ] 9 4–507. 10 (a) In this section, “Fund” means the Housing Counseling and Foreclosure 11 Mediation Fund. 12 (b) There is a Housing Counseling and Foreclosure Mediation Fund. 13 (c) The purposes of the Fund are to: 14 (1) support nonprofit and government housing counselors and other 15 nonprofit entities with providing: 16 (i) legal assistance to homeowners or occupants who are trying to 17 avoid foreclosure or manage foreclosure proceedings; and 18 (ii) homebuyer education, housing advice, or financial counseling for 19 homeowners [and], prospective homeowners , AND LOW – AND MODERATE –INCOME 20 HOUSEHOLDS ; 21 (2) support the establishment and operation of nonprofit housing 22 counseling entities; 23 (3) support effor ts by the Department and the Department of Labor, 24 Licensing, and Regulation to: 25 (i) contact and provide advice and assistance to homeowners or 26 occupants facing financial difficulty or foreclosure; and 27 (ii) provide advice and assistance to prospecti ve homeowners; and 28 (4) assist in funding the costs of foreclosure mediations provided by the 29 Office of Administrative Hearings under § 7 –105.1 of the Real Property Article. 30 (d) The Department shall administer the Fund. 31 HOUSE BILL 106 3 (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7 –302 of 1 the State Finance and Procurement Article. 2 (2) The State Treasurer shall hold the Fund separately, and the 3 Comptroller shall account for the Fund. 4 (f) The Fund consists of: 5 (1) revenue distributed to the Fund under § 7 –105.1 of the Real Property 6 Article; 7 (2) investment earnings of the Fund; 8 (3) money appropriated in the State budget to the Fund; and 9 (4) any other money from any other source accepted for the benefit of the 10 Fund. 11 (g) The Fu nd may be used only for the purposes described in subsection (c) of this 12 section. 13 (h) (1) The State Treasurer shall invest the money of the Fund in the same 14 manner as other State money may be invested. 15 (2) Any investment earnings of the Fund shall be paid into the Fund. 16 (i) Expenditures from the Fund may be made only in accordance with the State 17 budget. 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 October 1, 2017. 20
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Department of Housing and Community Development - Homebuyer Education Requirements
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Altering the frequency at which the State Board of Professional Counselors and Therapists is required to meet; requiring the Board, on or before January 1, 2018, to collaborate with the Secretary of Health and Mental Hygiene to establish goals for the timeliness of issuing specified certificates and licenses; and requiring the Board to submit specified reports to the Secretary on or before specified dates.
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the purpose of altering the frequency at which the State Board of Professional 4 Counselors and Therapists is required to meet; requiring the Board , on or before a 5 certain date, to collaborate with the Secretary of Health and Men tal Hygiene to 6 establish goals for the time liness of issuing certain certificates and licenses; 7 requiring the Board to submit certain reports to the Secretary on or before certain 8 dates; and generally relating to the State Board of Professi onal Counselors and 9 Therapists. 10 BY repealing and reenact ing, without amendments, 11 Article – Health Occupations 12 Section 17 –101(a) and (e) 13 Annotated Code of Maryland 14 (2014 Replacement Volume and 2016 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Health Occupations 17 Section 17 –204(b) 18 Annotated Code of Maryland 19 (2014 Replacement Volume and 2016 Supplement) 20 BY adding to 21 Article – Health Occupations 22 Section 17 –205(e) 23 Annotated Code of Maryland 24 (2014 Replacement Volume and 2016 Supplement) 25 SECTION 1. BE IT ENACTED BY THE GENERAL ASS EMBLY OF MARYLAND, 26 That the Laws of Maryland read as follows: 27 2 HOUSE BILL 1060 Article – Health Occupations 1 17–101. 2 (a) In this title the following words have the meanings indicated. 3 (e) “Board” means the State Board of Professional Counselors and Therapists. 4 17–204. 5 (b) The Board shall meet at least once a [year] MONTH , at the times and places 6 that it determines. 7 17–205. 8 (E) (1) ON OR BEFORE JANUARY 1, 2018, THE BOARD SHALL 9 COLLABORATE WITH THE SECRETARY TO ESTABLISH GOALS F OR THE TIMELINES S 10 OF ISSUING CE RTIFICATES AND LICEN SES UNDER THIS TITLE . 11 (2) ON OR BEFORE JANUARY 1, 2019 , AND ON OR BEFORE JANUARY 12 1 EACH YEAR THEREAFTER , THE BOARD S HALL REPORT TO THE SECRETARY ON THE 13 DEGREE TO WHICH THE GOALS ESTABLISHED UN DER PARAGRAPH (1) OF THIS 14 SUBSECTION HAVE BEEN ACHIEVED . 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October 1, 2017. 17
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State Board of Professional Counselors and Therapists - Meetings and Timeliness of Certification and Licensure Issuance
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Requiring the State Department of Education, on or before December 1, 2017, in consultation with disability advocacy groups, to update specified guidelines to accommodate, safeguard, and evacuate students, staff, and visitors with disabilities on public school grounds; requiring each local school system, on or before July, 2018, to update the local school system's emergency plan based on a specified update of the Department's guidelines and regulations; etc.
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the purpose of establishing the Task Force to Study Emergency and Evacuation Plans 4 for Students, Staff, and Visitors With Disabilities in Public School Facilities ; 5 providing for the composition, chair, and staffing of the Task Force; prohibiting a 6 member of the Task Force from receiving certain compensation, but authorizing the 7 reimbursement of certain expenses; requiring the Task Force to study and make 8 recommendations regarding certain matters; requiring the State Department of 9 Education to brief the Task Force on certain eme rgency plan ning guidelines and 10 certain procedures for includ ing accommodations for certain students on or before a 11 certain date; requiring the Task Force to report its findings and recommendations to 12 the Governor and the General Assembly on or before a certain date; providing for the 13 termination of this Act; and generally relating to the Task Force t o Study Emergency 14 and Evacuation Plans for Students, Staff, and Visitors With Disabilities in Public 15 School Facilities. 16 SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND, 17 That : 18 (a) There is a Task Force to Study Emergency and Evacuation Plans for Students, 19 Staff, and Visitors With Disabilities in Public School Facilities . 20 (b) The Task Force consists of the following members: 21 (1) one member of the Senate of Maryland, appointed by the President of 22 the Senate; 23 (2) one member of the House of Delegates, appointed by the Speaker of the 24 House; 25 2 HOUSE BILL 1061 (3) the State Superintendent of Schools, or the State Superintendent’s 1 designee; 2 (4) the President of the State Board of Education, or the President’s 3 designee; 4 (5) the President of the Maryland Association of Boards of Education, or 5 the President’s designee; 6 (6) the Secretary of Disabilities , or the Secretary ’s designee; 7 (7) the State Fire Marshal, or the Fire Marshal’s designee; 8 (8) the Executive Director of the Maryland Comm ission on Civil Rights, or 9 the Executive Director’s designee; 10 (9) the Agency Equity Officer for the Maryland State Department of 11 Education, or the Agency Equity Officer’s designee; 12 (10) the President of the Maryland Association of Student Councils , or the 13 President’s designee; 14 (11) the President of the Maryland Associa tion of Elementary School 15 Principals, or the President’s designee; 16 (12) the President of the Maryland Association of S econdary School 17 Principals, or the President’s designee; 18 (13) the President of the Maryland Association of Secondary School 19 Principals, or the President’s designee; and 20 (14) the following members, appointed by the Governor: 21 (i) one representative of the Special Education and Early 22 Interv ention Division of the State Department of Education ; 23 (ii) one representative of the School Health Services Division of the 24 State Department of Education ; 25 (iii) one representative of the Division of Student, Family, and School 26 Support of the State Department of Education ; 27 (iv) one representative of the School Facilities Branch of the State 28 Department of Education; 29 HOUSE BILL 1061 3 (v) one representative of the State Emergency Operations Center of 1 the Maryland Emergency Management Agency; 2 (vi) one representative of the Maryland Coordination and Analysis 3 Center of the Maryland State Polic e; 4 (vii) one parent of a student with a disability who attends an 5 elementary school; 6 (viii) one parent of a student with a disability who attends a middle 7 school; 8 (ix) one parent of a student with a disability who attends a high 9 school; 10 (x) one student with a disability who attends high school; 11 (xi) one student who attends high school who has a sibling with a 12 disability; 13 (xii) one staff member with a disability who works at a school facility; 14 (xiii) one faculty member with a disability who works at a school 15 facility; and 16 (xiv) a representative of the Arc Maryland. 17 (c) The State Superintendent of Schools, or the State Superintendent’s designee, 18 shall be the chair of the Task Force. 19 (d) The State Department of Education shall provide staff for the Task Force. 20 (e) A member of the Task Force: 21 (1) may not receive compensation as a member of the Task Force; but 22 (2) is entitled to reimbursement for expenses under the Standard State 23 Travel Regulations, as provided in th e State budget. 24 (f) The Task Force shall: 25 (1) study : 26 (i) the current local school system emergency plans developed in 27 accordance with the criteria specified in the Maryland State Department of Education 28 Emergency Planning Guidelines for Local Scho ol Systems and Schools (COMAR 29 4 HOUSE BILL 1061 13A.02.02.03) to determine if the emergency plans effecti vely accommodate and safeguard 1 students, staff, and visitors with disabilities who use public school facilities ; 2 (ii) national best practices for accommodating and safeguarding 3 students, staff, and visitors with disabilities who use public school buildings; 4 (iii) national best practices for the systemati c and uniform review of 5 school emergency plans; 6 (iv) nation al best practices for engaging school health ser vices in 7 formulating school plans for students with disabilities; and 8 (v) national best practices for the inclusion of an individualized 9 evacuation/emergency plan in the individualized education program of a student and the 10 annual review of the plan by the individualized education program team in the school; and 11 (2) make recommendations regarding : 12 (i) revisions to the Maryland State Department of Education 13 Emergency Planning Guidelines for Local School Systems and Schools to ensure that : 14 1. Maryland is in compliance with national best practices for 15 accommodating and safeguarding students, staff, and visitors with dis abilities who use 16 public school buildings ; and 17 2. students, staff, and visitors with disabilities who use 18 public school facilities are effectively accommodated and safeguarded during emergencies ; 19 (ii) the adoption of regulations that require a student’s 20 individualized education program to include accommodations for the student during an 21 emergency; and 22 (iii) any other findings of the Task Force. 23 (g) On or before October 1, 2017 , the State Department of Education shall brief 24 the Task Force on: 25 (1) the current Emergency Planning Guidelines for Local School Systems 26 and Schools and the current school emergency plan in each local school system ; and 27 (2) the current procedures for including accommodations for a student 28 during an emergency in a student’s individual ized education program. 29 (h) On or before January 1, 2018 , the Task Force shall re port its findings and 30 recommendations to the Governor and, in accordance with § 2 –1246 of the State 31 Government Article, the General Assembly. 32 HOUSE BILL 1061 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 1, 2017 . It shall remain effective fo r a period of 1 year and, at the end of June 30, 2018 , 2 with no further action required by the General Assembly, this Act shall be abrogated and 3 of no further force and effect. 4
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Education - Emergency and Evacuation Plans - Individuals With Disabilities
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Specifying that professional engineers, professional land surveyors, and licensed property line surveyors must be employees, owners, directors, officers, members, or partners of the entity through which the services are provided; and repealing specified provisions of law relating to permits for corporations, partnerships, or limited liability companies to operate a business through which engineering or land surveying is practiced.
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the purpose of requiring certain professional engineers, professional land surveyors, 4 and licensed property line surveyors to be a certain employee, owner, director, officer, 5 member, or partner of a certain entit y; repealing certain provisions of law relating 6 to certain permits for certain entities to operate certain businesses through which 7 engineering or land surveying is practiced; and generally relating to the practice of 8 professional engineering and professional land surveying. 9 BY repealing 10 Article – Business Occupations and Professions 11 Section 14 –402 through 14 –415, 14–501.1, 14 –502.1, 15–402, 15–402.1, 15 –403 12 through 15–414, 15–602, and 15 –604 13 Annotated Code of Maryland 14 (2010 Replacement Volume and 2016 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Business Occupations and Professions 17 Section 14–101, 14 –401(b), 15 –101, and 15–401(b) 18 Annotated Code of Maryland 19 (2010 Replacement Volume and 2016 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That Section(s) 14 –402 through 14 –415, 14–501.1 , 14–502.1, 15–402, 15–402.1, 15–403 22 through 15 –414, 15–602, and 15 –604 of Article – Business Occupations and Professions of 23 the Annotated Code of Maryland be repealed. 24 SECTION 2 . AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25 as follows: 26 2 HOUSE BILL 1062 Article – Business Occupations a nd Professions 1 14–101. 2 (a) In this title the following words have the meanings indicated. 3 (b) “Affiliate” means a person that directly, or indirectly through one or more 4 intermediaries, controls, or is controlled by, a permit holder. 5 (c) “Board” means the State Board for Professional Engineers. 6 (d) “Council” means the National Council of Examiners for Engineering and 7 Surveying. 8 (e) “Design coordination” means the review and coordination of services provided 9 by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article. 10 (f) “License” means, unless the context requires otherwise, a license issued by the 11 Board to practice engineering. 12 (g) “License fee” means, as applicable, the fee paid in connection with the issuance 13 and renewal of a license and the issuance of a reciprocal license. 14 (h) “Managing agent” means a professional engineer designated as the managing 15 agent by a permit holder under § 14 –403 of this title. 16 [(i) “Permit” means, unless the context requires othe rwise, a permit issued by the 17 Board to allow a corporation, partnership, or limited liability company to operate a business 18 through which one or more professional engineers may practice engineering. ] 19 [(j)] (I) (1) “Practice engineering” means to provide any service or creative 20 work the performance of which requires education, training, and experience in the 21 application of: 22 (i) special knowledge of the mathematical, physical, and 23 engineering sciences; and 24 (ii) the principles and methods of engineer ing analysis and design. 25 (2) In regard to a building or other structure, machine, equipment, process, 26 works, system, project, or public or private utility, “practice engineering” includes: 27 (i) consultation; 28 (ii) design; 29 (iii) evaluation; 30 HOUSE BILL 1062 3 (iv) inspection of construction to ensure compliance with 1 specifications and drawings; 2 (v) investigation; 3 (vi) planning; and 4 (vii) design coordination. 5 (3) “Practice engineering” does not include the exclusive and sole 6 performance of nontechnical management activities. 7 [(k)] (J) “Professional engineer” means, unless the context requires otherwise, 8 an engineer who is licensed by the Board to practice engineering. 9 [(l)] (K) (1) “Responsible charge” means direct control and personal 10 supervision of engineering that requires initiative, professional skill, and independent 11 judgment. 12 (2) “Responsible charge” includes responsible engineering teaching. 13 14–401. 14 (b) A professional engineer who practices engineering through a corporation, 15 limited liability company, or partnership under this subtitle shall be : 16 (1) AN EMPLOYEE , AN OWNER , A DIRECTOR , AN OFFICER , A MEMBER , 17 OR A PARTNER , AS APPLICABLE , OF THE ENTITY THROUG H WHICH THE 18 PROFESSIONAL ENGINEE R PRACTICES ENGINEER ING; AND 19 (2) subject to all of the provisions of this title that relate to practicing 20 engineering. 21 15–101. 22 (a) In this title the following words have the meanings indicated. 23 (b) “Board” means the State Board for Professional Land Surveyors. 24 (c) “Council” means the National Council of Examiners for Engineering and 25 Surveying. 26 (d) “Design coordination” means the review and coordination of services provided 27 by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article. 28 4 HOUSE BILL 1062 (e) “Land surveyor” me ans an individual who practices land surveying. 1 (f) (1) “License” means, unless the context requires otherwise, a license issued 2 by the Board to practice: 3 (i) land surveying; or 4 (ii) property line surveying. 5 (2) “License” includes, unless the context requires otherwise: 6 (i) a license to practice land surveying; and 7 (ii) a license to practice property line surveying. 8 (g) “License fee” means, as applicable, the fee paid in connection with the issuance 9 and renewal of a license and the is suance of a limited license, temporary license, and 10 reciprocal license. 11 (h) “Licensed property line surveyor” means, unless the context requires 12 otherwise, a property line surveyor who is licensed by the Board to practice property line 13 surveying. 14 [(i) “Permit” means, unless the context requires otherwise, a permit issued by the 15 Board to allow a corporation or partnership to operate a business through which an 16 individual may practice land surveying or property line surveying. 17 (j) “Permit fee” means, as applicable, the fee paid in connection with the issuance 18 and renewal of a permit. ] 19 [(k)] (I) (1) “Practice land surveying” means any service, work, 20 documentation, or practice, the performance or preparation of which requires the 21 application of special knowledge of the principles of mathematics, the related physical and 22 applied sciences, and the requirements of the relevant law, as applied to: 23 (i) measuring, platting, and locating lines, angles, elevations, 24 natural or artificial features in the air, on the surface of the earth, in underground work, 25 and on the beds of bodies of water for the purpose of determining and reporting positions, 26 topography, areas, and volumes; 27 (ii) the platting or replatting, establishing or reestablishing, locating 28 or re locating, or setting or resetting the monumentation for boundaries of real property, 29 easements, or rights –of–way; 30 (iii) platting, layout, and preparation of surveys, plats, plans, and 31 drawings, including: 32 HOUSE BILL 1062 5 1. site plans; 1 2. subdivision plans; 2 3. subdivision plats; 3 4. condominium plats; 4 5. right –of–way and easement plats; and 5 6. other recordable plats; 6 (iv) conducting horizontal and vertical control surveys, layout or 7 stake –out of proposed construction, and the preparatio n and platting of as –constructed 8 surveys; 9 (v) utilizing measurement devices or systems, such as aerial 10 photogrammetry, global positioning systems, land information systems, geographic 11 information systems, or similar technology for evaluation or locatio n of boundaries of real 12 property, easements, or rights –of–way; and 13 (vi) in conjunction with the site development or subdivision of land, 14 the preparation and design of plans for the following projects, provided that such 15 preparation and design are in ac cordance with design manuals, details, and standards 16 accepted by the State or local authority: 17 1. road and street grades; 18 2. sediment and erosion control measures; 19 3. nonpressurized closed storm drainage and stormwater 20 management systems; and 21 4. open conduit storm drainage and stormwater 22 management systems. 23 (2) “Practice land surveying” does not include the design, preparation, or 24 specifications for: 25 (i) community water or wastewater treatment collection or 26 distribution systems; 27 (ii) community pumping or lift stations; or 28 (iii) geotechnical or structural design components of sediment control 29 or stormwater management ponds or basins. 30 6 HOUSE BILL 1062 [(l)] (J) (1) “Practice property line surveying” means to practice land 1 surveying, excep t for the services excluded under paragraph (2) of this subsection. 2 (2) “Practice property line surveying” does not include the performance of 3 the services described in subsection [(k)(1)(vi) ] (I)(1)( VI) of this section. 4 [(m)] (K) “Professional land surveyor” means, unless the context requires 5 otherwise, a land surveyor who is licensed by the Board to practice land surveying. 6 [(n)] (L) “Property line surveyor” means an individual who practices property 7 line surveying. 8 [(o)] (M) “Responsible charge ” means direct control and personal direction of the 9 investigation, design, construction, or operation of land surveying work that requires 10 initiative, professional skill, and independent judgment. 11 15–401. 12 (b) (1) A professional land surveyor who practices land surveying through a 13 corporation, partnership, or limited liability company under this section shall be : 14 (I) AN EMPLOYEE , AN OWNER , A DIRECTOR , AN OFFICER , A 15 MEMBER , OR A PARTNER , AS APPLICABLE , OF THE ENTITY THROUG H WHICH THE 16 PROFESSIONA L LAND SURVEYOR PRAC TICES LAND SURVEYING ; AND 17 (II) subject to all of the provisions of this title that relate to practicing 18 land surveying. 19 (2) A licensed property line surveyor who practices property line surveying 20 through a corporation, partnership, or limited liability company under this section shall be : 21 (I) AN EMPLOYEE , AN OWNER , A DIRECTOR , AN OFFICER , A 22 MEMBER , OR A PARTNER , AS APPLICABLE , OF THE ENTITY THROUG H WHICH THE 23 LICENSED PROPERTY LI NE SURVEYOR PRACTICE S PROPERTY LINE SUR VEYING ; AND 24 (II) subject to all of the provisions of this title that relate to practicing 25 property line surveying. 26 SECTION 3 . AND BE IT FURTHER ENACTED, That this Act shall take effect 27 October 1, 2017. 28
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Business Occupations and Professions - Professional Engineers and Professional Land Surveyors - Revisions and Repeal of Firm Permits
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Establishing the Maryland Healthy Soils Program to increase biological activity and carbon sequestration in the State's soils by promoting practices based on emerging soil science; requiring the Department of Agriculture to provide incentives, including research, education, technical assistance, and, subject to available funding, financial assistance, to farmers to implement farm management practices that contribute to healthy soils; requiring the Department to determine if the program could complement other agricultural programs; etc.
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the purpose of establishing the Maryland Healthy Soils Program for certain purposes; 3 requiring the Department of Agriculture to provide certain incentives to farmers to 4 implement certain farm management practices that contribute to healthy soils; 5 requiring the Department to determine whether the Program may be implemented 6 in a manner to enhance other certain programs; defining certain terms; and 7 generally relating to the Maryland Healthy Soils Program. 8 BY adding to 9 Article – Agriculture 10 Section 2–1901 to be under the new subtitle “Subtitle 19. Maryland Healthy Soils 11 Program ” 12 Annotated Code of Maryland 13 (2016 Replacement Volume) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Agriculture 17 SUBTITLE 19. MARYLAND HEALTHY SOILS PROGRAM . 18 2–1901 . 19 (A) (1) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20 INDICATED . 21 (2) “HEALTHY SOILS ” MEANS THE CONTINUING CAPACITY OF SOIL 22 TO: 23 2 HOUSE BILL 1063 (I) FUNCTION AS A BIOLOGI CAL SYSTEM ; 1 (II) INCREASE SOIL ORGANIC MATTER ; 2 (III) IMPROVE SOIL STRUCTUR E AND WATER AND NUTR IENT 3 HOLDING CAPACITY ; AND 4 (IV) SEQUESTER CARBON AND REDUCE GREENHOUSE GAS 5 EMISSIONS . 6 (3) “PROGRAM ” MEANS THE MARYLAND HEALTHY SOILS PROGRAM . 7 (B) THERE IS A MARYLAND HEALTHY SOILS PROGRAM . 8 (C) THE PURPOSE OF THE PROGRAM IS TO : 9 (1) IMPROVE THE HEALTH , YIELD , AND PROFITABILITY OF THE SOILS 10 OF THE STATE ; 11 (2) INCREASE THE CARBON S EQUESTRIAN CAPABILIT Y OF THE SOILS 12 OF THE STATE ; AND 13 (3) PROMOTE MORE WIDESPRE AD USE OF HEALTHY SO ILS 14 PRACTICES AMONG FARM ERS IN THE STATE . 15 (D) TO CARRY OUT THE PURP OSE S OF THE PROGRAM , THE DEPART MENT 16 SHALL : 17 (1) PROVIDE INCENTIVES , INCLUDING RESEARCH , EDUCATION , 18 TECHNICAL ASSISTANCE , AND, SUBJECT TO AVAILABL E FUNDING , FINANCIAL 19 ASSISTANCE , TO FARMERS TO IMPLEMENT FARM MANAGEMENT PRACTICES THAT 20 CONTRIBUTE TO HEALTH Y SOILS ; AND 21 (2) DETERMINE WHETHER THE PROGRAM M AY BE IMPLEMENTED IN 22 A MANNER TO ENHANCE OTHER STATE AND FEDERAL PRO GRAMS THAT PROVIDE 23 FINANCIAL ASSISTANCE TO FARMERS . 24 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 October 1, 2017. 26
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Agriculture - Maryland Healthy Soils Program
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Altering specified local employer contributions for members of the Teachers' Pension System; establishing a guaranteed retirement income plan and a retirement savings plan under the State Retirement and Pension System; providing that specified employees are participating employees of the guaranteed retirement income plan under specified circumstances; etc.
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the purpose of altering certain local employer contributions for members of the 4 Teachers’ Pension System; establishing a guaranteed retirement income plan and a 5 retirement savings plan under the State Retirement and Pension System; requiring 6 that certain members of the E mployees’ Pension System or the Teachers’ Pension 7 System become members of the guaranteed retirement income plan or the retirement 8 savings plan on a certain date; requiring that certain individuals who are employed 9 by certain participating employers on or after a certain date become members of the 10 guaranteed retirement income plan or the retirement savings plan; providing that 11 certain individuals are not eligible to participate in the optional retirement program 12 on or after a certain date; providing that ce rtain provisions of this Act do not apply 13 to certain participating governmental units; requiring the Board of Trustees of the 14 State Retirement and Pension System to administer a guaranteed retirement income 15 plan and a retirement savings plan; requiring cer tain participating employees to 16 contribute a certain percentage of the participating employee’s regular earnings to 17 the guaranteed retirement income plan; providing that certain participating 18 employees who rejoin employment with certain participating emplo yers after certain 19 military service shall be credited certain contributions; requiring certain 20 contributions on behalf of certain participating employees of the guaranteed 21 retirement income plan; requiring that certain participating employees of the 22 guaran teed retirement income plan receive certain credited service for certain 23 service; providing that certain participating employees of the guaranteed retirement 24 income plan have a certain vested interest in certain contributions after a certain 25 period of time ; providing for the normal retirement age and eligibility to receive a 26 normal retirement in the guaranteed retirement income plan; providing that certain 27 participating employees of the guaranteed retirement income plan may receive 28 certain retirement benefi t distributions in a certain manner; providing for certain 29 disability benefits for certain participating employees of the guaranteed retirement 30 2 HOUSE BILL 1064 income plan; providing for certain death benefits for certain participating employees 1 of the guaranteed retireme nt income plan; requiring certain participating employees 2 to contribute a certain percentage of the participating employee’s regular earnings 3 to the retirement savings plan; requiring certain contributions on behalf of certain 4 participating employees of th e retirement savings plan; providing that certain 5 participating employees of the retirement savings plan shall forfeit any interest in 6 certain contributions under certain circumstances; providing that certain 7 participating employees of the retirement savin gs plan may make certain annual 8 additions under certain circumstances; requiring that certain annual additions be 9 treated in a certain manner; requiring the Board of Trustees to provide certain 10 participating employees of the retirement savings plan with ce rtain investment 11 options; authorizing certain participating employees of the retirement savings plan 12 to direct certain investments in a certain manner; requiring the Board of Trustees to 13 maintain certain accounts in a certain manner for certain participati ng employees of 14 the retirement savings plan; requiring that certain participating employees who 15 participate in the retirement savings plan and who rejoin employment with certain 16 participating employers after certain military service shall receive certain s ervice 17 credit for that military service; requiring that certain participating employees of the 18 retirement savings plan receive certain creditable service for certain service; 19 providing for the benefits that a participating employee in the retirement saving s 20 plan will receive on reaching normal retirement age; providing that certain 21 participating employees of the retirement savings plan have a certain vested interest 22 in certain contributions after a certain period of time; providing for certain disability 23 benefits for certain participating employees of the retirement savings plan; providing 24 for certain death benefits for certain participating employees of the retirement 25 savings plan; requiring that certain participating employees of the retirement 26 savings pla n may designate certain beneficiaries in a certain manner; requiring 27 certain participating employees of the retirement savings plan to forfeit certain 28 contributions under certain circumstances; authorizing the Board of Trustees to 29 reinstate certain forfeit ed contributions in a certain manner for certain participating 30 employees of the retirement savings plan; providing that certain participating 31 employees of the retirement savings plan may receive certain retirement benefit 32 distributions in a certain manner; requiring that certain contributions made by the 33 State to the retirement savings plan on behalf of certain participating employees are 34 subject to appropriation; providing that certain participating employees of the 35 retirement savings plan may request cert ain decisions in writing by the Board of 36 Trustees; requiring the Board of Trustees to respond to certain requests in a certain 37 manner; requiring the Board of Trustees to submit a certain annual report to the 38 Senate Budget and Taxation Committee and the Hou se Appropriations Committee; 39 requiring the Board of Trustees to provide certain information to the public and 40 certain participating employees; creating a certain trust as part of the retirement 41 savings plan; providing for the powers and duties of the Board of Trustees with 42 respect to the investments of the retirement savings plan; specifying the duties of 43 the Board of Trustees with respect to the participating employees of the retirement 44 savings plan; prohibiting the Board of Trustees from making certain ty pes of 45 investments or engaging in certain transactions; authorizing the Board of Trustees 46 to appoint certain investment managers; providing that the State assumes no 47 HOUSE BILL 1064 3 contractual obligation to continue the retirement savings plan and may amend it 1 periodical ly; providing that the State may terminate the retirement savings plan; 2 providing that the rights of certain participating employees of the retirement savings 3 plan are not subject to certain legal actions; providing that certain participating 4 employees of the retirement savings plan may be subject to certain legal actions 5 under certain circumstances; defining certain terms; providing for the delayed 6 effective date of this Act; and generally relating to establishing a guaranteed 7 retirement income plan and a retirement savings plan within the State Retirement 8 and Pension System. 9 BY adding to 10 Article – State Personnel and Pensions 11 Section 20 –101(t –1) and (ll –1) and 21 –304(b)(4)(iv); 33–101 through 33 –403 to be 12 under the new title “Title 33. Guaranteed Retirement Income Plan”; and 13 33A–101 through 33A –505 to be under the new title “Title 33A. Retirement 14 Savings Plan” 15 Annotated Code of Maryland 16 (2015 Replacement Volume and 2016 Suppl ement) 17 BY repealing and reenacting, with amendments, 18 Article – State Personnel and Pensions 19 Section 21–304(b)(4)(iii), 23–203, 23 –204(c), 23 –208, and 30 –302 20 Annotated Code of Maryland 21 (2015 Replacement Volume and 2016 Supplement) 22 SECTION 1. BE IT ENA CTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 That the Laws of Maryland read as follows: 24 Article – State Personnel and Pensions 25 20–101. 26 (T–1) “GUARANTEED RETIREMENT INCOME PLAN ” MEANS THE 27 GUARANTEED RETIREMEN T INCOME PLAN UNDER TITLE 33 OF THIS ARTICLE . 28 (LL–1) “RETIREMENT SAVINGS PL AN” MEANS THE RETIREMENT SAVINGS 29 PLAN UNDER TITLE 33A OF THIS ARTICLE . 30 21–304. 31 (b) (4) (iii) [Beginning in fiscal year 2017] FOR FISCAL YEARS 2017 AND 32 2018 , each local employer shall pay to the Board of Trustees its local share equal to the 33 normal contribution rate for the Teachers’ Retirement System and the Teachers’ Pension 34 System multiplied by the aggregate annual earnable compensation of the local employees 35 of that local employer. 36 4 HOUSE BILL 1064 (IV) BEGINNING IN FISCAL Y EAR 2019, EACH LOCAL EMPLOYER 1 SHALL PAY TO THE BOARD OF TRUSTEES ITS LOCAL SH ARE EQUAL TO THE NOR MAL 2 CONTRIBUTION RATE FO R THE TEACHERS ’ RETIREMENT SYSTEM MULTIPLIED BY 3 THE AGGREGATE ANNUAL EARNABLE COMPENSATIO N OF THE LOCAL EMPLO YEES 4 OF THAT LOCAL EMPLOY ER WHO ARE MEMBERS OF THE TEACHERS ’ RETIREMENT 5 SYSTEM . 6 23–203. 7 (A) (1) Except as provided in § 23 –204 of this subtitle AND SUBSECTION 8 (B)(2) OF THIS SECTION , an individual described in § 23 –201(a) of this subtitle who 9 becomes an employee of a participating employ er on or after January 1, 1980, AND ON OR 10 BEFORE MAY 31, 2018, or who transfers membership from the Employees’ Retirement 11 System ON OR BEFORE MAY 31, 2018, is a member of the Employees’ Pension System as 12 a condition of employment. 13 (2) AN INDIVIDUAL DESCRIBED IN § 23–201( A) OF THIS SUBTITLE , 14 OTHER THAN AN EMPLOY EE OF A PARTICIPATIN G GOVERNMENTAL UNIT , WHO IS A 15 MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM ON MAY 31, 2018, AND REMAINS A 16 MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM ON JUNE 1, 2018: 17 (I) SHALL M AKE A ONETIME IRREVO CABLE ELECTION UNDER § 18 33–203 OF THIS ARTICLE TO B ECOME A MEMBER OF TH E GUARANTEED RETIREM ENT 19 INCOME PLAN UNDER TITLE 33 OF THIS ARTICLE OR U NDER § 33A–202 OF THIS 20 ARTICLE TO BECOME A MEMBER OF THE RETIRE MENT SAVINGS PLAN UN DER TITLE 21 33A OF THIS ARTICLE ; AND 22 (II) IS NOT A MEMBER OF T HE EMPLOYEES ’ PENSION SYSTEM 23 ON OR AFTER JULY 1, 2018. 24 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 25 AN INDIVIDUAL WHO IS NOT A MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM ON 26 MAY 31, 2018, IS NOT ELIGIBLE FOR MEMBERSHIP IN THE EMPLOYEES ’ PENSION 27 SYSTEM . 28 (2) AN INDIVIDUAL IS A ME MBER OF THE EMPLOYEES ’ PENSION 29 SYSTEM IF THE INDIVID UAL COMMENCES EMPLOY MENT ON OR AFTER JUNE 1, 2018, 30 FOR A PARTICIPATING GOVERNMENTAL UNIT TH AT ELECTED TO JOIN THE 31 EMPLOYEES ’ PENSION SYSTEM ON OR BEFORE MAY 31, 2018. 32 23–204. 33 (c) (1) [Subject ] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 34 SUBSECTION AND SUBJE CT to paragraph [(2)] (3) of this subsection, membership in the 35 HOUSE BILL 1064 5 Employees’ Pension System is optional for an individual described in § 23 –201(a)(2)(iv) of 1 this subtitle who is elected or appointed as the Baltimore City Sheriff ON OR BEFORE MAY 2 31, 2018. 3 (2) AN INDIVIDUAL DESCRIB ED IN § 23–201( A)(2)( IV) OF THIS 4 SUBTITLE WHO IS A ME MBER OF THE EMPLOYEES ’ PENS ION SYSTEM ON MAY 31, 5 2018, AND REMAINS AS THE BALTIMORE CITY SHERIFF ON JUNE 1, 2018: 6 (I) SHALL MAKE AN ELECTI ON UNDER § 33–203 OF THIS 7 ARTICLE TO BECOME A MEMBER OF THE GUARAN TEED RETIREMENT INCO ME PLAN 8 UNDER TITLE 33 OF THIS ARTICLE OR U NDER § 33A–202 OF THIS ARTICLE TO 9 BECOME A MEMBER OF T HE RETIREMENT SAVING S PLAN UNDER TITLE 33A OF THIS 10 ARTICLE ; AND 11 (II) IS NOT A MEMBER OF T HE EMPLOYEES ’ PENSION SYSTEM 12 ON OR AFTER JULY 1, 2018. 13 (3) (I) An individual who is elected or appointed as the B altimore City 14 Sheriff ON OR BEFORE MAY 31, 2018, and who does not elect to join the Employees’ 15 Pension System is a member of the Law Enforcement Officers’ Pension System under Title 16 26 of this article as a condition of employment. 17 (II) AN INDIVIDUAL WH O IS ELECTED AS THE BALTIMORE CITY 18 SHERIFF ON OR AFTER JUNE 1, 2018, AND WHO DOES NOT ELE CT TO JOIN THE 19 RETIREMENT SAVINGS P LAN UNDER TITLE 33A OF THIS ARTICLE OR T HE 20 GUARANTEED RETIREMEN T INCOME PLAN UNDER TITLE 33 OF THIS ARTICLE , IS A 21 MEMBER OF THE LAW ENFORCEMENT OFFICERS ’ PENSION SYSTEM UNDER TITLE 22 26 OF THIS ARTICLE AS A CONDITION OF EMPLOYM ENT. 23 [(3)] (4) (I) To elect to be a member of the Employees’ Pension System 24 ON OR BEFORE MAY 31, 2018 , under this subsection, an individual shall make the 25 election at commencement of employment by filing a written application with the Board of 26 Trustees on a form that the Board of Trustees provides. 27 [(4)] (II) An individual who does not elect membership within 6 months of 28 the date the individual begins serving as the Baltimore City Sheriff shall become a member 29 of the Law Enforcement Officers’ Pension System. 30 23–208. 31 (A) (1) Except as provided in § 23 –209 of this subtitle, an individual described 32 in § 23–206(a) of this subtitle who becomes employed by a participating employer on or 33 after January 1, 1980, AND ON OR BEFORE MAY 31, 2018 , or who transfers membership 34 6 HOUSE BILL 1064 from the Teachers’ Retirement System ON OR BEFORE MAY 31, 2018 , is a member of the 1 Teacher s’ Pension System as a condition of employment. 2 (2) AN INDIVIDUAL DESCRIB ED IN § 23–206( A) OF THIS SUBTITLE 3 WHO IS A MEMBER OF T HE TEACHERS ’ PENSION SYSTEM ON MAY 31, 2018 , AND WHO 4 REMAINS A MEMBER OF THE TEACHERS ’ PENSION SYSTEM ON JUNE 1, 2018 : 5 (I) SHALL MAKE AN ELECTI ON UNDER § 33–203 OF THIS 6 ARTICLE TO BECOME A MEMBER OF THE GUARAN TEED RETIREMENT INCO ME PLAN 7 UNDER TITLE 33 OF THIS ARTICLE OR U NDER § 33A–202 OF THIS ARTICLE TO 8 BECOME A MEMBER OF T HE RETIREMENT SAVING S PLAN UNDER TITLE 33A OF THIS 9 ARTICLE ; AND 10 (II) IS NOT A MEMBER OF T HE TEACHERS ’ PENSION SYSTEM ON 11 OR AFTER JULY 1, 2018 . 12 (B) AN INDIVIDUAL WHO IS NOT A MEMBER OF THE TEACHERS ’ PENSION 13 SYSTEM ON MAY 31, 2018 , IS NOT ELIGIBLE FOR MEMBERSHIP IN THE TEACHERS ’ 14 PENSION SYSTEM . 15 30–302. 16 (a) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17 SUBSECTION , AN election to participate in the program shall be made by an eligible 18 employee within 1 year of first becoming an eligible employee of an employing institution. 19 (2) AN INDIVIDUAL WHO DOE S NOT ELECT TO PARTI CIPATE IN THE 20 PROGRAM ON OR BEFORE MAY 31, 2018 , IS NOT ELIGIBLE FOR MEMBERSHIP IN THE 21 PROGRAM . 22 (b) An eligible employee’s election to participate in the program is a one –time 23 irrevocable election. 24 TITLE 33. GUAR ANTEED RETIREMENT INCOME PLAN. 25 SUBTITLE 1. DEFINITIONS ; SCOPE OF TITLE. 26 33–101. 27 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 28 INDICATED . 29 (B) (1) “ELIGIBLE EMPLOYEE ” MEANS AN INDIVIDUAL WHO IS 30 DESCRIBED IN : 31 HOUSE BILL 1064 7 (I) § 23–201( A) OF THIS ARTICL E OTHER THAN AN EMPL OYEE 1 OF A PARTICIPATING G OVERNMENTAL UNIT ; OR 2 (II) § 23–206( A) OF THIS ARTICLE . 3 (2) “ELIGIBLE EMPLOYEE ” DOES NOT INCLUDE AN INDIVIDUAL WHO , 4 ON OR BEFORE MAY 31, 2018 , IS A MEMBER OF THE O PTIONAL RETIREMENT 5 PROGRAM UNDER TITLE 30 OF THIS ARTICLE . 6 (C) “PARTICIPATING EMPLOYE E” MEANS AN ELIGIBLE EM PLOYEE WHO 7 PARTICIPATES IN THE GUARANTEED RETIREMEN T INCOME PLAN . 8 (D) “PARTICIPATING EMPLOYE E’S MEMBER CONTRIBUTIO NS ACCOUNT ” 9 MEANS THE PORTION OF A PARTICIPATING EMPL OYEE’S ACCOUNT BALA NCE IN THE 10 GUARANTEED RETIREMEN T INCOME PLAN THAT I S ATTRIBUTABLE TO ME MBER 11 CONTRIBUTIONS , INCLUDING ANY CONTRI BUTIONS PICKED UP BY THE STATE 12 UNDER § 21–313 OF THIS ARTICLE AND ANY GAINS OR LOSSES ATTRIBUTABLE TO 13 THOSE CONTRIBUTIONS . 14 (E) “REGULAR EARNING S” MEANS GROSS PAY FOR ACTUAL HOURS WORKED 15 EXCLUSIVE OF OVERTIM E, WITHOUT REDUCTION FO R MEMBER CONTRIBUTIO NS 16 THAT ARE PICKED UP B Y THE STATE UNDER § 21–313 OF THIS ARTICLE OR 17 CONTRIBUTIONS TO ANY STATE DEFERRED COMPEN SATION PLAN UNDER TITLE 32 18 OR TITLE 35 OF THIS ARTICLE . 19 (F) “RETIREMENT ACCOUNTS ” MEANS THE PARTICIPAT ING EMPLOYEE ’S 20 MEMBER CONTRIBUTIONS ACCOUNT , AN EMPLOYER CONTRIBU TIONS ACCOUNT , 21 AND ANY ROLLOVER CON TRIBUTIONS ACCOUNT . 22 (G) “ROLLOVER CONTRIBUTION S” MEANS THAT PORTION O F A 23 PARTICIPATING EMPLOYEE ’S ACCOUNT BALANCE IN THE GUARANTEED 24 RETIREMENT INCOME PL AN THAT IS ATTRIBUTA BLE TO ANY ASSETS TR ANSFERRED 25 OR ROLLED OVER TO TH E GUARANTEED RETIREM ENT INCOME PLAN FROM 26 ANOTHER QUALIFIED PE NSION OR PROFIT SHAR ING PLAN UNDER THE INTERNAL 27 REVENUE CODE. 28 (H) “VALUATION DATE ” MEANS THE LAST BUSIN ESS DAY OF MARCH , JUNE, 29 SEPTEMBER , AND DECEMBER OF EACH PLAN YEAR , AND ANY OTHER DATE T HE 30 BOARD OF TRUSTEES ESTABLISHES IN A UNIFORM AND NON DISCRIMINATORY 31 MANNER FOR DETERMINI NG THE FAIR MARKET V ALUE OF THE ASSE TS OF THE 32 GUARANTEED RETIREMEN T INCOME PLAN . 33 8 HOUSE BILL 1064 33–102. 1 THIS TITLE DOES NOT A PPLY TO ANY PARTICIP ATING GOVERNMENTAL U NIT 2 THAT PARTICIPATES IN THE EMPLOYEES ’ PENSION SYSTEM UNDER TITLE 31 OF 3 THIS ARTICLE . 4 SUBTITLE 2. ESTABLISHMENT ; ADMINISTRATION ; PARTICI PATION . 5 33–201. 6 THERE IS A GUARANTEED RETIREMENT INCOME PL AN. 7 33–202. 8 (A) (1) THE BOARD OF TRUSTEES SHALL : 9 (I) ADMINISTER THE GUARA NTEED RETIREMENT INC OME 10 PLAN ; 11 (II) DECIDE THE ELIGIBILI TY OF ANY PARTICIPAT ING 12 EMPLOYEE AND THE RIG HTS OF ANY P ARTICIPATING EMPLOYE E OR BENEFICIARY 13 TO RECEIVE BENEFITS ; 14 (III) COMPUTE THE AMOUNT O F BENEFITS PAYABLE T O ANY 15 PARTICIPATING EMPLOY EE OR BENEFICIARY ; AND 16 (IV) AUTHORIZE DISBURSEME NTS OF BENEFITS . 17 (2) A DETERMINATION BY THE BOARD OF TRUSTEES ON ANY MATTER 18 WITHIN ITS AUTHORITY UNDER THIS PLAN IS F INAL AND BINDING ON ALL 19 INTERESTED PARTIES . 20 (B) THE BOARD OF TRUSTEES SHALL ADOPT REGULATIONS TO CARRY OUT 21 THE PROVISIONS OF TH IS TITLE . 22 33–203. 23 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTI ON, AN 24 INDIVIDUAL IS A PART ICIPATING EMPLOYEE O F THE GUARANTEED RET IREMENT 25 INCOME PLAN AS A CON DITION OF EMPLOYMENT IF THE INDIVIDUAL : 26 (1) COMMENCES EMPLOYMENT AS AN ELIGIBLE EMPLO YEE ON OR 27 AFTER JUNE 1, 2018 ; OR 28 HOUSE BILL 1064 9 (2) (I) WAS A MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM OR 1 TEACHERS ’ PENSION SYSTEM ON OR BEFORE MAY 31, 2018 , AND BECOMES AN 2 ELIGIBLE EMPLOYEE ON JUNE 1, 2018 ; AND 3 (II) 1. ON OR BEFORE JUNE 15, 2018 , ELECTS TO 4 PARTICIPATE IN THE G UARANTEED RETIREMENT INCOME PLAN ; OR 5 2. DOES NOT MAKE A N ELECTION ON OR BEF ORE JUNE 6 15, 2018 , TO PARTICIPATE IN TH E GUARANTEED RETIREM ENT INCOME PLAN UNDE R 7 THIS TITLE OR THE RE TIREMENT SAVINGS PLA N UNDER TITLE 33A OF THIS 8 ARTICLE . 9 (B) (1) THIS SUBSECTION APPLI ES TO AN ELIGIBLE EM PLOYEE WHO : 10 (I) COMMENCES EMPLOYMENT WITH A PA RTICIPATING 11 EMPLOYER ON OR AFTER JUNE 1, 2018 ; AND 12 (II) BEFORE JUNE 1, 2018 , WAS NOT A MEMBER OF THE 13 EMPLOYEES ’ PENSION SYSTEM OR TEACHERS ’ PENSION SYSTEM . 14 (2) AN ELIGIBLE EMPLOYEE MAY PARTICIPATE IN T HE GUARANTEED 15 RETIREMENT IN COME PLAN UNDER THIS TITLE OR THE RETIREM ENT SAVINGS PLAN 16 UNDER TITLE 33A OF THIS ARTICLE . 17 (3) AN ELIGIBLE EMPLOYEE SHALL MAKE A ONETIME IRREVOCABLE 18 ELECTION AT COMMENCE MENT OF EMPLOYMENT T O PARTICIPATE IN EIT HER THE 19 GUARANTEED RETIREMEN T INCOME PLAN UNDER THIS TITLE OR THE RETIREMENT 20 SAVINGS PLAN UNDER TITLE 33A OF THIS ARTICLE . 21 (4) IF AN ELIGIBLE EMPLOY EE ELECTS TO PARTICI PATE IN THE 22 GUARANTEED RETIREMEN T INCOME PLAN , PARTICIPATION SHALL BEGIN ON THE 23 FIRST PAY PERIOD AFT ER AN ELIGIBLE EMPLO YEE HAS COMPLETED 180 DAYS OF 24 FULL–TIME EMPLOYMENT WITH A PARTICIPATING EMPL OYER . 25 SUBTITLE 3. CONTRIBUTIONS ; SERVICE CREDIT ; VESTING . 26 33–301. 27 (A) A PARTICIPATING EMPLOY EE IN THE GUARANTEED RETIREMENT 28 INCOME PLAN SHALL CO NTRIBUTE 4% OF THE PARTICIPATING EMPLOYEE ’S 29 REGULAR EARNINGS LES S THAN OR EQUAL TO T HE SOCIAL SECURITY WAGE BASE 30 10 HOUSE BILL 1064 AND 8% OF THE PARTICIPATING REGULAR EARNINGS THA T EXCEED THE SOCIAL 1 SECURITY WAGE BASE . 2 (B) (1) TO THE EXTENT ALLOWED UNDER § 414( H)(2) OF THE INTERNAL 3 REVENUE CODE, THE EMPL OYER SHALL PICK UP A S DESCRIBED IN § 21–313 OF THIS 4 ARTICLE MEMBER CONTR IBUTIONS TO THE GUAR ANTEED RETIREMENT IN COME 5 PLAN . 6 (2) A PARTICIPATING EMPLOY EE IS 100% VESTED IN THE 7 PARTICIPATING EMPLOY EE’S MEMBER CONTRIBUTIO NS. 8 (C) (1) WHEN A PARTICIPATING EMPLOYEE REJOINS EMPL OYMENT WITH 9 A PARTICIPATING EMPL OYER AFTER MILITARY SERVICE THAT QUALIFI ES UNDER 10 TITLE 38 OF THIS ARTICLE AS C REDITABLE SERVICE , THE BOARD OF TRUSTEES 11 SHALL CREDIT THE PAR TICIPATING EMPLOYEE WITH THE AMOUNT THAT THE 12 PARTICIPATING EMPLOY EE WOULD HAVE CONTRI BUTED IF THE PARTICI PATING 13 EMPLOYEE HAD WORKED FOR A PARTICIPATING EMPLOYER DURING MILI TARY 14 SERVICE . 15 (2) (I) CONTRIBUTION CREDITS FOR MILITARY SERVICE UNDER 16 PARAGRAPH (1) OF THIS SUBSECTION S HALL BE BASED ON THE REGULAR EARNINGS 17 THE PARTICIPATING EMPLOY EE WOULD HAVE EARNED DURING MILITARY SERV ICE. 18 (II) IF THE REGULAR EARNIN GS ARE NOT REASONABL Y 19 ASCERTAINABLE , THE CREDIT SHALL BE BASED ON THE PARTICI PATING 20 EMPLOYEE ’S REGULAR EARNINGS D URING A PERIOD IMMED IATELY PRECEDING THE 21 MILITA RY SERVICE . 22 (III) A PARTICIPATING EMPLOY EE MAY NOT RECEIVE A NY 23 RETROACTIVE CREDITED INTEREST ON THE CONT RIBUTION CREDITS . 24 (3) (I) A PARTICIPATING EMPLOY EE IN THE GUARANTEED 25 RETIREMENT INCOME PL AN SHALL RECEIVE CRE DITED INTEREST AT AN ANNUAL 26 RATE OF 5% ON THE PARTICIPATING EMPLOYEE ’S MEMBER CONTRIBUTIO NS IN THE 27 PARTICIPATING EMPLOY EE’S GUARANTEED RETIREM ENT INCOME PLAN ACCO UNT. 28 (II) IF THE ANNUAL 5% INTEREST RATE DOES N OT COMPLY 29 WITH APPLICABLE LAW , THE THIRD SEGMENT RA TE DESCRIBED IN § 430( H)(2)(C) 30 OF THE INTERNAL REVENUE CODE OR ANY SUCCESSOR PROVISION SHALL APPL Y. 31 (III) INTEREST SHALL BE CRE DITED TO A PARTICIPA TING 32 EMPLOYEE ’S GUARANTEED RETIREM ENT INCOME PLAN ACCO UNT BALANCE ON A 33 MONTHLY BASIS AS OF THE LAST DAY OF THE MONTH . 34 HOUSE BILL 1064 11 (4) (I) A PARTICIPATING EMPLOY EE WHO ENDS EMPLOYME NT 1 WITH A PARTICIPATING EMPLOYER AND IS NOT VESTED UNDER § 33–304 OF THIS 2 SUBTITLE SHALL RECEI VE A DISTRIBUTION OF THE PARTICIPATING EM PLOYEE’S 3 GUARANTEED RETIREMEN T INCOME PLAN ACCOUN T BALANCE ATTRIBUTAB LE TO 4 MEMBER CONTRIBUTIONS UNDER SUBSECTION (A) OF THIS SECTION AND INTEREST 5 ON THOSE CONTRIBUTIO NS AS SOON AS REASON ABLY FEASIBLE AFTER THE 6 PARTICIPATING EMPLOY EE SUBMITS A PROPERL Y COMPLETED DISTRIBU TION 7 FORM . 8 (II) ANY DEATH BENEFITS SH ALL BE PAID UNDER § 33–403 OF 9 THIS TITLE . 10 (III) ANY INDEBTEDNESS TO T HE STATE SHALL BE SUBTRA CTED 11 FROM THE PARTICIPATI NG EMPLOYEE ’S DISTRIBUTION UNDER SUBPARAGRAPH (I) 12 OF THIS PARAGRAPH . 13 33–302. 14 (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , EACH 15 PAY PERIOD , THE EMPLOYER SHALL CONTRIBUTE TO EACH PARTICIPATIN G 16 EMPLOYEE ’S GUARANTEED RETIREM ENT INCOME PLAN ACCO UNT AN AMOUNT 17 EQUAL TO 8% OF THE PARTICIPATING EMPLOYEE ’S REGULAR EARNINGS . 18 (2) (I) INTEREST SHALL BE CRE DITED BY THE STATE AT AN 19 ANNUAL RATE OF 5% ON TH E EMPLOYER CONTRIBUT IONS . 20 (II) IF THE ANNUAL 5% INTEREST RATE DOES N OT COMPLY 21 WITH APPLICABLE LAW , THE THIRD SEGMENT RA TE DESCRIBED IN § 430( H)(2)(C) 22 OF THE INTERNAL REVENUE CODE OR ANY SUCCESSOR PROVISION SHALL APPL Y. 23 (III) INTEREST SHALL BE CRE DITED TO A PARTICIPATI NG 24 EMPLOYEE ’S GUARANTEED RETIREM ENT INCOME PLAN ACCO UNT BALANCE ON A 25 MONTHLY BASIS AS OF THE LAST DAY OF THE MONTH . 26 (B) (1) WHEN A PARTICIPATING EMPLOYEE REJOINS EMP LOYMENT WITH 27 A PARTICIPATING EMPL OYER AFTER MILITARY SERVICE THAT QUA LIFIES UNDER 28 TITLE 38 OF THIS ARTICLE AS C REDITABLE SERVICE , THE BOARD OF TRUSTEES 29 SHALL CREDIT THE PAR TICIPATING EMPLOYEE THE AMOUNT THAT THE EMPLOYER 30 WOULD HAVE CONTRIBUTED TO THE PARTICIPATING EMPLOYEE ’S GUARANTEED 31 RETIREMENT INCOME PL AN ACCOUNT IF THE PARTICIPATING EMPLOY EE WORKED 32 FOR A PARTICIPATING EMPLOYER DURING MILI TARY SERVICE . 33 12 HOUSE BILL 1064 (2) THE EMPLOYER CONTRIBU TIONS UNDER PARAGRAP H (1) OF THIS 1 SUBSECTION SHALL BE BASED ON THE REGULAR EARNINGS THE PARTICI PATING 2 EMPLOYEE WOULD HAVE EARNED DURING MILITA RY SERVICE . 3 (3) IF THE PARTICIPATING EMPLOYEE ’S REGULAR EARNINGS A RE 4 NOT REASONABLY ASCER TAINABLE , THE EMPLOYER CONTRIB UTIONS SHALL BE 5 BASED ON THE PARTICI PATING EMPLOYEE ’S REGULAR EARNINGS D URING A PERIOD 6 IMMEDIATELY PRECEDIN G MILITARY SERVICE . 7 (4) THE PARTICIPATING EMPL OYEE MAY NOT RECEIVE ANY 8 RETROACTIVE CREDITED INTEREST ON THE EMPL OYER CONTRIBUTION CR EDITS . 9 (5) FOR ANY PARTICIPATING EMPLOYEE WHO RECEIVE D AN 10 EMPLOYER CONTRIBUTIO N TO THE PARTICIPATI NG EMPLOYEE ’S GUARANTEED 11 RETIREMENT INCOME PL AN A CCOUNT UNDER SUBSECT ION (A) OF THIS SECTION , 12 INTEREST SHALL BE CR EDITED AT AN ANNUAL RATE OF 5%. 13 (6) IF THE ANNUAL 5% INTEREST RATE DOES N OT COMPLY WITH 14 APPLICABLE LAW , THE THIRD SEGMENT RA TE DESCRIBED IN § 430( H)(2)(C) OF THE 15 INTERNAL REVENUE CODE OR ANY SUCCESSOR PROVISION SHALL APPL Y. 16 (7) INTEREST SHALL BE CRE DITED TO A PARTICIPA TING EMPLOYEE ’S 17 GUA RANTEED RETIREMENT I NCOME PLAN ACCOUNT B ALANCE ON A MONTHLY BASIS 18 AS OF THE LAST DAY O F THE MONTH . 19 (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 20 MEANINGS INDICATED . 21 (II) “LOCAL EMPLOYEE ” HAS THE MEANING STAT ED IN § 22 21–304( A) OF THIS ARTICLE . 23 (III) “LOCAL EMPLOYER ” HAS THE MEANING STAT ED IN § 24 21–304( A) OF THIS ARTICLE . 25 (2) THE EMPLOYER CONTRIBU TIONS REQUIRED UNDER SUBSECTION 26 (A) OF THIS SECTION FOR LOCAL EMPLOYEES SHAL L BE PAID : 27 (I) 50% BY THE STATE ; AND 28 (II) 50% BY THE LOCAL EMPLOYER OF TH E LOCAL EMPLOYEE . 29 33–303. 30 HOUSE BILL 1064 13 (A) (1) A PARTICIPATING EMPLOY EE SHALL RECEIVE 1 YEAR OF 1 CREDITED SERVICE FOR EACH YEAR OF SERVICE WHILE PARTICIPATING IN THE 2 GUARANTEED RETIREMEN T INCOME PLAN . 3 (2) EACH YEAR OF SERVICE IN THE GUARANTEED RETIREMENT 4 INCOME PLAN ENDS ON THE ANNIVERSARY OF T HE PARTICIPATING EMP LOYEE’S 5 DATE OF INITIAL PART ICIPATION IN THE GUA RANTEED RETIREMENT I NCOME PLAN . 6 (B) CREDITED SERVICE INCL UDES ANY PERIOD OF S ERVICE IN THE ARMED 7 FORCES OF THE UNITED STATES OR A STATE MILITIA OR ANY OTHER MILITARY 8 SERVICE COVERED UNDE R THE UNIFORMED SERVICES EMPLOYMENT AND 9 REEMPLOYMENT RIGHTS ACT OF 1994, 38 U.S.C. § 4301 ET SEQ ., IF THE MEMBER : 10 (1) WAS A PARTICIPATING EMPLOYEE OF THE GUAR ANTEED 11 RETIREMENT INCOME PL AN WHEN THE MILIT ARY SERVICE BEGAN ; AND 12 (2) APPLIED FOR REEMPLOY MENT OR RETURNED TO EMPLOYMENT 13 WITH A PARTICIPATING EMPLOYER : 14 (I) WITHIN 1 YEAR AFTER DISCHARGE FROM THE MILITARY 15 SERVICE AND WITHOUT ANY OTHER EMPLOYMENT AFTER DISCHARGE FROM THE 16 MILITARY SERVICE ; 17 (II) WITHIN 2 YEARS AFTER COMPLETI ON OF MILITARY SERVI CE 18 IF THE PARTICIPATING EMPLOYEE WAS HOSPITA LIZED OR CONVALESCIN G FROM AN 19 ILLNESS OR INJURY IN CURRED OR AGGRAVATED DURING MILITARY SERV ICE; OR 20 (III) MORE THAN 2 YEARS AFTER COMPLETI ON OF MILITARY 21 SERVICE IF CIRCUMSTAN CES BEYOND THE CONTR OL OF THE PARTICIPAT ING 22 EMPLOYEE MADE IT IMP OSSIBLE OR UNREASONA BLE FOR THE PARTICIP ATING 23 EMPLOYEE TO APPLY FO R REEMPLOYMENT WITHI N 2 YEARS . 24 (C) THE TOTAL PERIOD OF M ILITARY SERVICE MAY NOT EXCEED 5 YEARS , 25 EXCLUDIN G PERIODS OF MILITAR Y SERVICE DESCRIBED UNDER TITLE 38, CHAPTER 26 43, § 4312( C)(1) THROUGH (4) OF UNITED STATES CODE. 27 (D) A PARTICIPATING EMPLOY EE WHO DOES NOT BECO ME A MEMBER OF 28 THE GUARANTEED RETIR EMENT INCOME PLAN SO LELY BECAUSE THE EMP LOYEE 29 WAS CALLED TO ACTIVE DUTY BEFOR E COMPLETING 180 DAYS OF EMPLOYMENT 30 WITH A PARTICIPATING EMPLOYER SHALL BE EL IGIBLE TO RECEIVE ME MBER 31 CONTRIBUTIONS AND EM PLOYER CONTRIBUTIONS UNDER §§ 33–301 AND 33–302 OF 32 THIS SUBTITLE , RESPECTIVELY , IF THE PARTICIPATING EMPLOYEE ELEC TS TO 33 14 HOUSE BILL 1064 PARTICIPATE IN THE G UARANTEED RETIREMENT INCOME PLAN ON 1 REEMPLOYMENT . 2 33–304. 3 (A) A PARTICIPATING EMPLOY EE HAS A 100% VESTED INTEREST IN T HE 4 PARTICIPATING EMPLOY EE’S EMPLOYER CONTRIBUT IONS AND THE CREDITE D 5 INTEREST ON THE PART ICIPATING EMPLOYEE ’S MEMBER CONTRIBUTIONS AFTER 6 THE MEMBER ATTAINS 3 YEARS OF CREDITED SE RVICE . 7 (B) A PARTICIPATING EMPLOY EE WHO IS NOT 100% VESTED IN 8 ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION SHAL L BECOME 100% 9 VESTED IN THE PARTIC IPATING EMPLOYEE ’S EMPLOYER CONTRIBUT IONS AND THE 10 INTEREST ON THE EMPL OYER CONTRIBUTIONS F ROM THE EFFECTIVE DA TE OF A 11 TERMINATION OF THE G UARANTEED RETIREMENT INCOME PLAN OR ON DE ATH OR 12 DISABILITY . 13 (C) A PARTICIPATING EMPLOY EE WHO TERMINATES EM PLOYMENT WITH A 14 PARTICIPATING EMPLOY ER AND IS N OT VESTED IN ANY EMP LOYER CONTRIBUTIONS 15 OR THE CREDITED INTE REST ON THE EMPLOYER CONTRIBUTIONS SHALL FORFEIT 16 THE EMPLOYER CONTRIB UTIONS PLUS THE INTE REST ON THE EMPLOYER 17 CONTRIBUTIONS . 18 SUBTITLE 4. BENEFITS . 19 33–401. 20 (A) FOR NORMAL RETIREMENT , A GUARANTEED RETIREMEN T INCOME 21 PLAN PARTICIPATING E MPLOYEE SHALL BE AT LEAST 62 YEARS OLD WITH 3 YEARS 22 OF CREDITED SERVICE . 23 (B) THERE IS NO EARLY RET IREMENT PROVISION UN DER THE GUARANTEED 24 RETIREMENT INCOME PL AN. 25 (C) A PARTICIPATING EMPLOY EE WHO RETIRES ON OR AFTER THE 26 PARTICIPATING EMPLOY EE’S NORMAL RETIREMENT DATE MAY RECEIVE THA T 27 PARTICIPATING EMPLOY EE’S VESTED GUARANTEED RETIREMENT INCOME PL AN 28 ACCOUNT BALANCE . 29 (D) (1) A PARTICIPATING EMPLOY EE MAY RECEIVE A DIS TRIBUTION 30 WHEN THE PARTICIPATI NG EMPLOYE E TERMINATES EMPLOYM ENT WITH A 31 PARTICIPATING EMPLOY ER. 32 HOUSE BILL 1064 15 (2) (I) A PARTICIPATING EMPLOY EE MAY ELECT A DISTR IBUTION 1 FROM THE GUARANTEED RETIREMENT INCOME PL AN OF A PARTICIPATIN G 2 EMPLOYEE ’S VESTED GUARANTEED RETIREMENT INCOME PL AN ACCOUNT 3 BALANCE . 4 (II) 1. UNLESS A PARTICIPATIN G EMPLOYEE ELECTS AN 5 ANNUITY UNDER SUBPAR AGRAPH (III) OF THIS PARAGRAPH , A PARTICIPATING 6 EMPLOYEE SHALL RECEI VE THE PARTICIPATING EMPLOYEE ’S VESTED 7 GUARANTEED RETIREMEN T INCOME PLAN ACCOUN T BALANCE IN A SINGL E LUMP 8 SUM. 9 2. THE PARTICIPATING EMPLOY EE MAY HAVE THE LUMP 10 SUM PAID UNDER SUBSU BPARAGRAPH 1 OF THIS SUBPARAGRAPH AS A DIRECT 11 ROLLOVER TO AN ELIGI BLE RETIREMENT PLAN AS DEFINED IN THE INTERNAL 12 REVENUE CODE. 13 (III) 1. A PARTICIPATING EMPLOY EE MAY ELECT TO RECE IVE 14 THE PART ICIPATING EMPLOYEE ’S GUARANTEED RETIREM ENT INCOME PLAN 15 ACCOUNT BALANCE PAID IN: 16 A. A SINGLE LIFE ANNUIT Y PAYABLE TO THE 17 PARTICIPATING EMPLOY EE DURING THE LIFE O F THAT PARTICIPATING EMPLOYEE ; 18 OR 19 B. A JOINT AND SURVIVOR ANNUITY PAYABLE TO T HE 20 PARTI CIPATING EMPLOYEE OV ER THE PARTICIPATING EMPLOYEE ’S LIFETIME AND , 21 AT THE PARTICIPATING EMPLOYEE ’S DEATH , PAYABLE TO A DESIGNA TED 22 BENEFICIARY LIMITED TO A SPOUSE OR CHILD . 23 2. PAYMENTS UNDER THIS S UBPARAGRAPH SHALL BE 24 MADE FOR THE DESIGNA TED BENEFICIAR Y’S LIFETIME IN THE AM OUNT PAYABLE TO 25 THE PARTICIPATING EM PLOYEE OR ANOTHER AM OUNT ELECTED BY THE 26 PARTICIPATING EMPLOY EE, BUT NOT LESS THAN 10% OF THE AMOUNT PAYABL E TO 27 THE PARTICIPATING EM PLOYEE . 28 (E) (1) THE DISTRIBUTION OF A PARTICIPATING EMPLOY EE’S 29 GUARANTEED RETIREMENT INCOME PLAN ACCOUNT BALANCE SHALL BE MAD E NO 30 LATER THAN APRIL 1 OF THE CALENDAR YEAR AFTER THE LATER OF T HE CALENDAR 31 YEAR IN WHICH THE PA RTICIPATING EMPLOYEE REACHES THE AGE OF 70 1/2 YEARS 32 OR THE CALENDAR YEAR IN WHICH THE PARTICI PATI NG EMPLOYEE TERMINAT ES 33 EMPLOYMENT . 34 16 HOUSE BILL 1064 (2) IF THE PARTICIPATING EMPLOYEE DOES NOT EL ECT A FORM OF 1 DISTRIBUTION UNDER S UBSECTION (D) OF THIS SECTION , THE DISTRIBUTION SHA LL 2 BE MADE IN ACCORDANC E WITH SUBSECTION (D)(2)( II) OF THIS SECTION . 3 (3) IF THE PART ICIPATING EMPLOYEE D IES BEFORE BEGINNING TO 4 RECEIVE BENEFITS , THE PARTICIPATING EM PLOYEE’S DESIGNATED BENEFIC IARY 5 SHALL RECEIVE A DIST RIBUTION IN ACCORDAN CE WITH SUBSECTION (D)(2)( II) OF 6 THIS SECTION AS SOON AS PRACTICABLE AFTER THE PARTICIPATING EM PLOYEE’S 7 DEATH , BUT NOT LATER THAN DECEMBER 31 OF THE YEAR CONTAINI NG THE FIFTH 8 ANNIVERSARY OF THE P ARTICIPATING EMPLOYE E’S DEATH . 9 33–402. 10 (A) IF A PARTICIPATING EM PLOYEE INCURS A DISA BILITY BEFORE 11 TERMINATION FROM EMP LOYMENT WITH A PARTI CIPATING EMPLOYER TH AT MAKES 12 THE PARTICIPATING EM PLOYEE UNABLE TO ENG AGE IN ANY SUBSTANTI AL GAINFUL 13 ACTIVITY BY REASON O F ANY MEDICALLY DETE RMINABLE PHYSICAL OR MENTAL 14 IMPAIRMENT THAT CAN BE EXPECTED TO RESUL T IN DEATH OR THAT H AS LASTED 15 OR CAN BE EXPECTED T O LAST FOR A CONTINU OUS PERIOD OF NOT LE SS THAN 12 16 MONTHS , THE DISABLED PARTICI PATING EMPLOYEE SHAL L REMAIN A 17 PARTICIPATING EMPLOY EE IN THE GUARANTEED RETIREMENT INCOME PL AN AS 18 PROVIDED IN THIS SEC TION . 19 (B) ALL AMOUNTS CREDITED TO THE PARTICIPATING EMPLOYEE ’S 20 GUARANTEED RET IREMENT INCOME PLAN ACCOUNT , INCLUDING EMPLOYER 21 CONTRIBUTIONS , ARE 100% VESTED REGARDLESS OF THE PARTICIPATING 22 EMPLOYEE ’S CREDITABLE SERVICE . 23 (C) THE PARTICIPATING EMP LOYEE SHALL PARTICIP ATE IN THE 24 GUARANTEED RETIREMEN T INCOME PLAN UNDER THIS TITLE UNTIL THE 25 PARTICIPATING EMPLOY EE DIES , REACHES NORMAL RETIR EMENT AGE , OR 26 RECOVERS FROM THE DI SABILITY . 27 (D) IN DETERMINING THE CR EDIT AMOUNT OF EMPLO YER CONTRIBUTIONS 28 UNDER § 33–302 OF THIS TITLE , THE PARTICIPATING EM PLOYEE’S REGULAR 29 EARNINGS INCLUDES TH E REGU LAR EARNINGS THE PAR TICIPATING EMPLOYEE 30 WOULD HAVE RECEIVED FOR THE YEAR IF THE PARTICIPATING EMPLOY EE WERE 31 PAID FOR THE FULL YE AR AT THE RATE OF CO MPENSATION PAID IN T HE PAY PERIOD 32 IMMEDIATELY BEFORE T HE PARTICIPATING EMP LOYEE BECAME DISABLE D. 33 (E) THE P ARTICIPATING EMPLOYE E MAY NOT RECEIVE A DISTRIBUTION 34 DURING ANY PERIOD IN WHICH THE PARTICIPAT ING EMPLOYEE RECEIVE S AN 35 EMPLOYER CONTRIBUTIO N CREDIT . 36 HOUSE BILL 1064 17 (F) THE PARTICIPATING EMP LOYEE MAY NOT MAKE M EMBER 1 CONTRIBUTIONS UNDER § 33–301 OF THIS TITLE DURING THE DISABILITY 2 PARTICIPATION . 3 33–403. 4 (A) (1) IF A PARTICIPATING EM PLOYEE DIES BEFORE R ECEIVING THE 5 PARTICIPATING EMPLOY EE’S GUARANTEED RETIREM ENT INCOME PLAN ACCO UNT, 6 THE GUARANTEED RETIR EMENT INCOME PLAN AC COUNT BALANCE SHALL BE 7 DISTRIBUTED TO THE P ARTICI PATING EMPLOYEE ’S DESIGNATED BENEFIC IARY IN 8 ACCORDANCE WITH § 33–401( D)(2)( II) OF THIS SUBTITLE AS SOON AS PRACTICABLE 9 AFTER THE PARTICIPAT ING EMPLOYEE ’S DEATH , BUT NOT LATER THAN DECEMBER 10 31 OF THE YEAR CONTAINI NG THE FIFTH ANNIVER SARY OF THE PARTICIP ATIN G 11 EMPLOYEE ’S DEATH . 12 (2) A PARTICIPATING EMPLOY EE MAY NAME A PRIMAR Y 13 BENEFICIARY OR BENEF ICIARIES AND CONTING ENT BENEFICIARY OR 14 BENEFICIARIES ON A D ESIGNATION OF BENEFI CIARIES FORM FILED W ITH THE 15 STATE RETIREMENT AGENCY . 16 (3) IF A PARTICIPATING EM PLOY EE NAMES TWO OR MORE PERSONS 17 AS BENEFICIARIES , THE PERSONS ARE CONS IDERED COBENEFICIARI ES AND SHARE 18 THE BENEFIT EQUALLY UNLESS THE PARTICIPA TING EMPLOYEE SPECIF IES 19 OTHERWISE ON THE DES IGNATION OF BENEFICI ARIES FORM . 20 (4) A PARTICIPATING EMPLOY EE MAY CHA NGE ANY NAMED 21 BENEFICIARY BY COMPL ETING A NEW DESIGNAT ION OF BENEFICIARIES FORM . 22 (5) THE CONSENT OF THE BE NEFICIARY OR BENEFIC IARIES IS NOT 23 REQUIRED TO NAME OR CHANGE A BENEFICIARY . 24 (6) THE DESIGNATION IS EF FECTIVE WHEN THE PAR TICIPATING 25 EMPLOYEE S IGNS THE FORM EVEN I F THE PARTICIPATING EMPLOYEE IS NOT LIVI NG 26 WHEN THE STATE RETIREMENT AGENCY RECEIVES THE R EQUEST , BUT WITHOUT 27 PREJUDICE FOR ANY PA YMENTS MADE BEFORE T HE STATE RETIREMENT AGENCY 28 RECEIVED THE REQUEST . 29 (B) (1) IF A PARTICIPATING EM PLOYEE DIES WITHOUT DESIGNATING A 30 SURVIVING BENEFICIAR Y OR THE DESIGNATION IS NOT ENFORCEABLE , THE 31 SURVIVING SPOUSE , OR, IF THERE IS NO SURVI VING SPOUSE , EACH SURVIVING 32 CHILD , SHARING EQUALLY WITH ANY OTHER SURVIVING CHILD , IS THE DESI GNATED 33 BENEFICIARY . 34 18 HOUSE BILL 1064 (2) IF NO SPOUSE OR CHILD SURVIVES A PARTICIPA TING EMPLOYEE 1 WHO LEFT NO ENFORCEA BLE BENEFICIARY DESI GNATION , THE PARTICIPATING 2 EMPLOYEE ’S ESTATE IS THE DESI GNATED BENEFICIARY . 3 TITLE 33A. RETIREMENT SAVINGS PLAN. 4 SUBTITLE 1. DEFINITIONS ; SCOPE OF TITLE . 5 33A–101. 6 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 7 INDICATED . 8 (B) “ACCOUNT BALANCE ” MEANS THE BALANCE CR EDITED TO THE 9 RETIREMENT ACCOUNT O F A PARTICIPATING EM PLOYEE UNDER THE RET IREMENT 10 SAVINGS PLAN AS OF T HE VAL UATION DATE PRECEDIN G THE DATE OF DISTRI BUTION 11 DETERMINED WITHOUT R EGARD TO VESTING , INCLUDING : 12 (1) ANY PARTICIPATING EM PLOYEE CONTRIBUTIONS , INCLUDING 13 CONTRIBUTIONS PICKED UP BY THE STATE UNDER § 21–313 OF THIS ARTICLE ; 14 (2) EMPLOYER CONTRIBUTIO NS; AND 15 (3) ROLLOVER CONTRIBUTIO NS. 16 (C) (1) “ELIGIBLE EMPLOYEE ” MEANS AN INDIVIDUAL WHO IS 17 DESCRIBED IN : 18 (I) § 23–201( A) OF THIS ARTICLE OTHE R THAN AN EMPLOYEE 19 OF A PARTICIPATING G OVERNMENTAL UNIT ; OR 20 (II) § 23–206( A) OF THIS ARTICLE . 21 (2) “ELIGIBLE EMPLOYEE ” DOES NOT INCLUDE AN INDIVIDUAL WHO 22 ON OR BEFORE MAY 31, 2018 , IS A MEMBER OF THE O PTIONAL RETIREMENT 23 PROGRAM UNDER TITLE 30 OF THIS ARTICLE . 24 (D) “EMPLOYEE ORGANIZATION ” MEANS ANY ORGANIZATI ON THAT : 25 (1) ADMITS EMPLOYEES TO MEMBERSH IP; 26 (2) HAS AS A PRIMARY PUR POSE THE REPRESENTAT ION OF 27 EMPLOYEES IN COLLECT IVE BARGAINING ; AND 28 HOUSE BILL 1064 19 (3) IS CERTIFIED AS AN E MPLOYEE ORGANIZATION UNDER 1 APPLICABLE LAW . 2 (E) “INVESTMENT MANAGER ” MEANS A PERSON OR EN TITY WHO : 3 (1) EXERCISES DISCRETION TO MANAGE ALL OR PART O F THE ASSETS 4 OF AN INSTITUTIONAL INVESTOR ; AND 5 (2) IS A FIDUCIARY AS DE FINED IN § 21–201 OF THIS ARTICLE . 6 (F) “NORMAL RETIREMENT DAT E” MEANS THE FIRST DAY AFTER THE 7 MONTH IN WHICH THE P ARTICIPATING EMPLOYE E REACHES THE AGE OF 62 YEARS. 8 (G) “PARTICIPATING EMPLOYE E” MEANS AN ELIGIBLE EM PLOYEE WHO 9 PARTICIPATES IN THE RETIREMENT SAVINGS P LAN. 10 (H) “PARTICIPATING EMPLOYE E’S MEMBER CONTRIBUTIO NS ACCOUNT ” 11 MEANS THE PORTION OF A PARTICIPATING EMPL OYEE’S ACCOUNT BALANCES I N THE 12 RETIREMENT SAVINGS PLAN THAT IS ATTRIBUTABLE TO MEMB ER CONTRIBUTIONS , 13 INCLUDING ANY CONTRI BUTIONS PICKED UP BY THE STATE UNDER § 21–313 OF 14 THIS ARTICLE AND ANY GAINS OR LOSSES ATTR IBUTABLE TO THOSE 15 CONTRIBUTIONS . 16 (I) “PLAN YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG JANUARY 1 17 AND ENDING ON DECEMBER 31 EACH YEAR . 18 (J) “REGULAR EARNINGS ” MEANS GROSS PAY FOR ACTUAL HOURS WORKED 19 EXCLUSIVE OF OVERTIM E, WITHOUT REDUCTION FO R MEMBER CONTRIBUTIO NS 20 THAT ARE PICKED UP B Y THE STATE UNDER § 21–313 OF THIS ARTICLE OR 21 CONTRIBUTIO NS TO ANY STATE DEFERRED COMPEN SATION PLAN UNDER TITLE 32 22 OR TITLE 35 OF THIS ARTICLE . 23 (K) “RETIREMENT ACCOUNTS ” MEANS THE PARTICIPAT ING EMPLOYEE ’S 24 MEMBER CONTRIBUTIONS ACCOUNT , AN EMPLOYER CONTRIBU TIONS ACCOUNT , 25 AND ANY ROLLOVER CON TRIBUTIONS ACCOUNT . 26 (L) “ROLLOVER CONTRIBUTION S” MEANS THAT PORTION O F A 27 PARTICIPATING EMPLOY EE’S ACCOUNT BALANCE IN THE RETIREMENT SAVIN GS 28 PLAN THAT IS ATTRIBU TABLE TO ANY ASSETS TRANSFERRED OR ROLLE D OVER TO 29 THE RETIREMENT SAVIN GS PLAN FROM ANOTHER QUALIFIED PENSION OR PROFIT 30 SHARING PLAN UNDER T HE INTERNAL REVENUE CODE. 31 20 HOUSE BILL 1064 (M) “VALUATION DATE ” MEANS THE LAST BUSIN ESS DAY OF MARCH , JUNE, 1 SEPTEMBER , AND DECEMBER OF EACH PLAN YEAR , AND ANY OTHER DATE T HE 2 BOARD OF TRUSTEES ESTABLISHES IN A UNIFORM AND NON DISCRIMINATORY 3 MANNER FOR DETERMINING THE FAIR MARKET VALUE OF THE ASSETS OF THE 4 RETIREMENT SAVINGS P LAN. 5 33A–102. 6 THIS TITLE DOES NOT A PPLY TO ANY PARTICIP ATING GOVERNMENTAL U NIT 7 THAT PARTICIPATES IN THE EMPLOYEES ’ PENSION SYSTEM UNDER TITLE 31 OF 8 THIS ARTICLE . 9 SUBTITLE 2. ESTABLISHMENT ; PARTICIPATION . 10 33A–201. 11 THERE IS A RETIREMENT SAVINGS PLAN . 12 33A–202. 13 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , AN 14 INDIVIDUAL IS A PART ICIPATING EMPLOYEE O F THE RETIREMENT SAV INGS PLAN AS 15 A CONDITION OF EMPLO YMENT IF T HE INDIVIDUAL : 16 (1) COMMENCES EMPLOYMENT AS AN ELIGIBLE EMPLO YEE ON OR 17 AFTER JUNE 1, 2018 ; OR 18 (2) (I) WAS A MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM OR 19 THE TEACHERS ’ PENSION SYSTEM OF THIS ARTICL E ON OR BEFORE MAY 31, 2018 , 20 AND BECOMES AN ELIGI BLE EMPL OYEE ON JUNE 1, 2018 ; AND 21 (II) ON OR BEFORE JUNE 15, 2018 , ELECTS TO PARTICIPAT E IN 22 THE RETIREMENT SAVIN GS PLAN . 23 (B) (1) THIS SUBSECTION APPLI ES TO AN ELIGIBLE EM PLOYEE WHO : 24 (I) COMMENCES EMPLOYMENT WITH A PARTICIPATING 25 EMPLOYER ON OR AFTER JUNE 1, 2018 ; AND 26 (II) BEFORE JUNE 1, 2018 , WAS NOT A MEMBER OF THE 27 EMPLOYEES ’ PENSION SYSTEM OR THE TEACHERS ’ PENSION SYSTEM . 28 HOUSE BILL 1064 21 (2) AN ELIGIBLE EMPLOYEE MAY PARTICIPATE IN T HE RETIREMENT 1 SAVINGS PLAN UNDER T HIS TITLE OR THE GUA RANTEED RETIREMENT I NCOME PLAN 2 UNDER TITLE 33 OF THIS ARTICLE . 3 (3) AN ELIGIBLE EMPLOYEE SHALL MAKE A ONETIME IRREVOCABLE 4 ELECTION AT COMMENCE MENT OF EMPLOYMENT T O PARTICIPATE IN EIT HER THE 5 RETIREMENT SAVINGS P LAN UNDER THIS TITLE OR THE GUARANTEED RE TIREMENT 6 INCOME PLAN UNDER TITLE 33 OF THIS ARTICLE . 7 (4) IF AN ELIGIB LE EMPLOYEE ELECTS T O PARTICIPATE IN THE 8 RETIREMENT SAVINGS P LAN, PARTICIPATION SHALL BEGIN ON THE FIRST P AY 9 PERIOD AFTER AN ELIG IBLE EMPLOYEE HAS CO MPLETED 180 DAYS OF FULL –TIME 10 EMPLOYMENT WITH A PA RTICIPATING EMPLOYER . 11 (C) AN ELIGIBLE EMPLOYEE WHO DOE S NOT ELECT TO PARTI CIPATE IN THE 12 RETIREMENT SAVINGS P LAN SHALL PARTICIPAT E IN THE GUARANTEED 13 RETIREMENT INCOME PL AN UNDER TITLE 33 OF THIS ARTICLE BEGI NNING ON THE 14 FIRST PAY PERIOD AFT ER THE EMPLOYEE HAS COMPLETED 180 DAYS OF FULL –TIME 15 EMPLOYMENT . 16 SUBTIT LE 3. CONTRIBUTIONS . 17 33A–301. 18 (A) EACH PARTICIPATING EM PLOYEE SHALL CONTRIB UTE, THROUGH 19 REGULAR PAYROLL DEDU CTIONS , 4% OF THE PARTICIPATING EMPLOYEE ’S 20 REGULAR EARNINGS LES S THAN OR EQUAL TO T HE SOCIAL SECURITY WAGE BASE 21 AND 8% OF THE PARTICIPATING EMPL OYEE’S REGULAR EARNINGS T HAT EXCEED 22 THE SOCIAL SECURITY WAGE BASE . 23 (B) (1) (I) REQUIRED MEMBER CONTR IBUTIONS SHALL BE 24 ALLOCATED TO THE PAR TICIPATING EMPLOYEE ’S MEMBER CONTRIBUTIO NS 25 ACCOUNT ESTABLISHED FOR EACH PARTICIPATI NG EMPLOYEE . 26 (II) ANY AMOUNT S ALLOCATED TO THE P ARTICIPATING 27 EMPLOYEE ’S MEMBER CONTRIBUTIO NS ACCOUNT SHALL BE FURTHER ALLOCATED 28 TO SUBACCOUNTS TO RE FLECT THE PROPORTION ATE AMOUNT OF EACH A CCOUNT 29 INVESTED IN EACH OF THE APPLICABLE INVES TMENT FUNDS BY THE 30 PARTICIPATING EMPLOY EE. 31 (III) AS OF EACH VALUATION DATE , THE BOARD OF TRUSTEES 32 SHALL VALUE THE ASSE TS OF EACH PARTICIPA TING EMPLOYEE CONTRI BUTIONS 33 ACCOUNT ON A CURRENT MARKET VALUE BASIS . 34 22 HOUSE BILL 1064 (2) A PARTICIPATING EMPLOY EE IS FULLY VESTED I N THE AMOUNT 1 OF THE PARTICIPATING EMPLOYEE ’S MEMBER CONTRIBUTIONS ACCOUNT . 2 (C) WITH THE WRITTEN CONS ENT OF THE BOARD OF TRUSTEES , A 3 PARTICIPATING EMPLOY EE MAY TRANSFER OR R OLLOVER TO THE RETIR EMENT 4 SAVINGS PLAN ANY INT EREST IN ANY OTHER Q UALIFIED RETIREMENT PLAN UNDER 5 THE INTERNAL REVENUE CODE. 6 (D) (1) (I) THE STATE SHALL ALLOCATE THE ROLLOVER 7 CONTRIBUTIONS MADE O N BEHALF OF EACH PAR TICIPATING EMPLOYEE TO A 8 ROLLOVER CONTRIBUTIO NS ACCOUNT THE BOARD OF TRUSTEES ESTABLISHES FOR 9 THAT PARTICIPATING E MPLOYEE . 10 (II) ANY AMOUNTS ALLOCATED TO EACH ROL LOVER 11 CONTRIBUTIONS ACCOUN T SHALL BE FURTHER A LLOCATED TO SUBACCOU NTS TO 12 REFLECT THE PROPORTI ONATE AMOUNT OF EACH ACCOUNT INVESTED IN EACH OF 13 THE APPLICABLE INVES TMENT FUNDS BY THE P ARTICIPATING EMPLOYE E. 14 (2) A PARTICIPATING EMPLOY EE IS FULLY VESTED I N THE AMOUNT 15 OF THE ROLLOVER CONT RIBUTIONS ACCOUNT . 16 33A–302. 17 (A) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , THE 18 EMPLOYER SHALL CONTR IBUTE TO THE RETIREM ENT SAVINGS PLAN IN QUARTERLY 19 INSTALLMENTS , ON BEHALF OF EACH PA RTICIPATING EMPLOYEE , AN AMO UNT 20 EQUAL TO 8% OF THAT PARTICIPATIN G EMPLOYEE ’S REGULAR EARNINGS D URING A 21 PLAN YEAR . 22 (B) (1) (I) THE RETIREMENT SAVING S PLAN SHALL ALLOCAT E THE 23 EMPLOYER CONTRIBUTIO NS MADE ON BEHALF OF EACH PARTICIPATING E MPLOYEE 24 TO AN EMPLOYER CONTR IBUTIONS ACCOUNT TH E BOARD OF TRUSTEES 25 ESTABLISHES FOR THE PARTICIPATING EMPLOY EE. 26 (II) ANY AMOUNTS ALLOCATED TO THE EMPLOYER 27 CONTRIBUTIONS ACCOUN T SHALL BE FURTHER A LLOCATED TO SUBACCOU NTS TO 28 REFLECT THE PROPORTI ONATE AMOUNT OF EACH ACCOUNT INVESTED IN EACH OF 29 THE APPLI CABLE INVESTMENT FUN DS. 30 (2) AS OF EACH VALUATION DATE , THE BOARD OF TRUSTEES SHALL 31 VALUE THE EMPLOYER C ONTRIBUTIONS ACCOUNT OF EACH PARTICIPATIN G 32 HOUSE BILL 1064 23 EMPLOYEE ON A CURREN T MARKET VALUE BASIS BY THE PARTICIPATING 1 EMPLOYEE . 2 (3) (I) A PARTICIPATING EMPLOY EE WHO ENDS EMPLOYMENT 3 WITH A PARTICIPATING EMPLOYER AND WHO IS NOT VESTED IN THE EM PLOYER 4 CONTRIBUTIONS ACCOUN T SHALL FORFEIT THE FULL ACCOUNT BALANCE IN THE 5 EMPLOYER CONTRIBUTIO NS ACCOUNT . 6 (II) THE BOARD OF TRUSTEES SHALL CONSID ER ALL 7 FORFEITURES ARIS ING DURING THE PLAN YEAR UNDER THE RETIR EMENT SAVINGS 8 PLAN IN DETERMINING THE EMPLOYER CONTRIB UTIONS AND SHALL USE THE 9 FORFEITURES AS PROVI DED IN § 33A–402( D) OF THIS TITLE . 10 (C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 11 MEANINGS INDICATED . 12 (II) “LOCAL EMPLOYEE ” HAS THE MEANING STAT ED IN § 13 21–304( A) OF THIS ARTICLE . 14 (III) “LOCAL EMPLOYER ” HAS THE MEANING STAT ED IN § 15 21–304( A) OF THIS ARTICLE . 16 (2) THE EMPLOYER CONTRIBU TIONS REQUIRED UNDER SUBSECTION 17 (A) OF THIS SECTION FOR LOCAL EMPLOYEES SHALL BE P AID: 18 (I) 50% BY THE STATE ; AND 19 (II) 50% BY THE LOCAL EMPLOYE R OF THE LOCAL EMPLO YEE. 20 33A–303. 21 (A) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO THE 22 EXTENT REQUIRED UNDE R THE INTERNAL REVENUE CODE THE ANNUAL ADDIT IONS 23 DES CRIBED IN THIS SECTI ON THAT ARE ALLOCATE D IN ANY CALENDAR YE AR TO THE 24 RETIREMENT ACCOUNTS OF ANY PARTICIPATING EMPLOYEE MAY NOT EXC EED THE 25 LESSER OF : 26 (I) ANY LIMITS IMPOSED B Y THE INTERNAL REVENUE 27 SERVICE ; OR 28 (II) 100% OF THE PARTICIPATING EMPLOYEE ’S REGULAR 29 EARNINGS . 30 24 HOUSE BILL 1064 (2) FOR PURPOSES OF THIS SECTION , THE ANNUAL ADDITION SHALL 1 EQUAL : 2 (I) EMPLOYER CONTRIBUTIO NS; 3 (II) REQUIRED MEMBER CONT RIBUTIONS ; AND 4 (III) FORFEITURES , BUT ONLY IF THE RETI REMENT SAVINGS 5 PLAN PERMITS FORFEIT URES TO BE ADDED TO THE PARTICI PATING EMPLOYEE ’S 6 ACCOUNT . 7 (3) (I) EMPLOYER CONTRIBUTION S THAT ARE ALLOCATED TO 8 EMPLOYER CONTRIBUTIO NS ACCOUNTS OF PARTI CIPATING EMPLOYEES S HALL BE 9 CARRIED OVER TO SUBS EQUENT YEARS AND ALL OCATED IN ORDER OF T IME TO THE 10 EMPLOYER CONTR IBUTIONS ACCOUNTS TH AT WOULD HAVE RECEIV ED THE 11 CONTRIBUTIONS BUT FO R THE LIMITATIONS IN THIS SECTION . 12 (II) IF A PARTICIPATING EM PLOYEE WHOSE EMPLOYE R 13 CONTRIBUTIONS ARE CA RRIED OVER IS NOT A PARTICIPATING EMPLOY EE IN 14 SUBSEQUENT YEARS , THAT PORTION OF T HE CARRYOVER CONTRIB UTIONS 15 ATTRIBUTABLE TO THE PARTICIPATING EMPLOY EE SHALL BE ALLOCATE D TO THE 16 EMPLOYER CONTRIBUTIO NS ACCOUNTS OF ALL P ARTICIPATING EMPLOYE ES. 17 (III) AMOUNTS CARRIED OVER SHALL BE ALLOCATED T O A 18 SUSPENSE ACCOUNT THA T SHALL BE INVESTED IN A FUND DEEMED PRU DENT BY 19 THE BOARD OF TRUSTEES . 20 (IV) ANY EARNINGS OF THE S USPENSE ACCOUNT SHAL L BE 21 ALLOCATED RATABLY AM ONG THE EMPLOYER CON TRIBUTIONS ACCOUNTS OF ALL 22 THE PARTICIPATING EM PLOYEES EXCEPT AS OT HERWISE PROVIDED IN THIS 23 SECTION . 24 (B) FOR PURPOSES OF THE RETI REMENT SAVINGS PLAN , ONLY THE FIRST 25 $200,000 OF A PARTICIPATING E MPLOYEE ’S REGULAR EARNINGS , OR ANY OTHER 26 AMOUNT PERMITTED UND ER § 401( A)(17) OF THE INTERNAL REVENUE CODE SHALL 27 BE TAKEN INTO ACCOUN T. 28 33A–304. 29 (A) (1) (I) A PARTICIPA TING EMPLOYEE SHALL DIRECT THAT 30 EMPLOYER AND MEMBER CONTRIBUTIONS ALLOCA TED TO THE PARTICIPA TING 31 EMPLOYEE ’S RETIREMENT ACCOUNT S BE INVESTED IN ONE OR MORE OF THE 32 INVESTMENT FUNDS SEL ECTED BY THE BOARD OF TRUSTEES . 33 HOUSE BILL 1064 25 (II) THE INVESTMENT FUND O PTIONS SELE CTED BY THE BOARD 1 OF TRUSTEES SHALL CONFOR M TO ALL APPLICABLE REQUIREMENTS OF THE 2 INTERNAL REVENUE CODE. 3 (2) A PARTICIPATING EMPLOY EE SHALL ALLOCATE CO NTRIBUTIONS 4 AMONG THE INVESTMENT FUNDS ONLY IN PERCEN TAGES OF THE VALUE O F THE 5 ACCOUNT BALANCES OF THE PARTICIPATING EMPLOY EE, AS DETERMINED BY THE 6 BOARD OF TRUSTEES . 7 (3) (I) A PARTICIPATING EMPLOY EE’S DIRECTION OF INVES TMENT 8 SHALL REMAIN IN EFFE CT UNTIL THE PARTICI PATING EMPLOYEE CHAN GES THE 9 DIRECTION . 10 (II) IF A PARTICIPATING EM PLOYEE DOES NOT PRO VIDE A 11 VALID DIRECTION OF I NVESTMENT , THE ACCOUNT BALANCES OF THE 12 PARTICIPATING EMPLOY EE, TO THE EXTENT THEY A RE NOT GOVERNED BY A VALID 13 DIRECTION OF INVESTM ENT, SHALL BE INVESTED IN AN APPROPRIATE INVES TMENT 14 OPTION SELECTED BY T HE BOARD OF TRUSTEES . 15 (B) (1) (I) A PARTICIPATING EMPLOY EE OR FORMER PARTICI PATING 16 EMPLOYEE MAY CHANGE THE ALLOCATION OF TH E PARTICIPATING EMPL OYEE’S 17 ACCOUNT BALANCES AMO NG THE INVESTMENT FU NDS BY GIVING WRITTE N NOTICE 18 OF THE REQUESTED CHA NGE AT A TIME SET BY THE BOARD OF TRUSTEES . 19 (II) THE CHANGES WILL TAKE EFFECT ON THE DATE O R DATES 20 SET BY THE BOARD OF TRUSTEES . 21 (2) A PARTICIPATING EMPLOY EE OR FORMER PARTICI PATING 22 EMPLOYEE MAY DESIGNA TE THAT THE CHANGE O F THE ALLOCATION AMO NG 23 INVESTMENT FUNDS IS EFFECTIVE AS TO ONE OR BO TH OF : 24 (I) THE PARTICIPATING EM PLOYEE’S OR FORMER 25 PARTICIPATING EMPLOY EE’S ACCOUNT BALANCES O N THE EFFECTIVE DATE OF THE 26 CHANGE ; OR 27 (II) THE PARTICIPATING EM PLOYEE’S MEMBER 28 CONTRIBUTIONS AND EM PLOYER CONTRIBUTIONS MADE AFTER THE EFFEC TIVE 29 DATE OF THE CHANGE . 30 (C) (1) THE BOARD OF TRUSTEES SHALL MAINTA IN PRO RATA ACCOUNTS 31 OF A COMMINGLED FUND OR SEPARATE AND DIST INCT ACCOUNTS FOR EA CH 32 PARTICIPATING EMPLOY EE. 33 26 HOUSE BILL 1064 (2) IF THE BOARD OF TRUSTEES ESTABLISHES PRO RATA ACCOUNTS , 1 THE BOARD OF TRUSTEES MAY A LLOCATE REALIZED AND UNREALIZED GAINS AND 2 LOSSES , USING THE RATIO THAT THE PORTION OF THE A CCOUNT BALANCE OF A 3 PARTICIPATING EMPLOY EE ALLOCATED TO AN I NVESTMENT FUND BEARS TO THE 4 PORTION OF THE ACCOU NT BALANCES OF ALL P ARTICIPATING EMPLOYE ES 5 ALLOCATED TO T HE INVESTMENT FUND A S OF THE PREVIOUS VA LUATION DATE . 6 (3) IF THE BOARD OF TRUSTEES ESTABLISHES SEPARATE AND 7 DISTINCT ACCOUNTS , THE BOARD OF TRUSTEES SHALL DETERM INE THE VALUE OF 8 AN INDIVIDUAL ACCOUN T SOLELY WITH RESPEC T TO THE ACTIVITY WI THIN EACH 9 PART ICIPATING EMPLOYEE ’S ACCOUNT AND UNREAL IZED GAINS TO A 10 PARTICIPATING EMPLOY EE’S ACCOUNT . 11 (4) THE BOARD OF TRUSTEES MAY DEDUCT O PERATING EXPENSES 12 FROM THE REALIZED AN D UNREALIZED GAINS B EFORE ALLOCATION . 13 SUBTITLE 4. CREDITABLE SERVICE ; BENEFITS . 14 33A–401. 15 (A) (1) A PARTICIPATING EMPLOY EE’S CREDITABLE SERVICE IS THE 16 TOTAL SERVICE THE PA RTICIPATING EMPLOYEE RENDERED UNDER THE 17 RETIREMENT SAVINGS P LAN. 18 (2) A PARTICIPATING EMPLOY EE SHALL RECEIVE 1 YEAR OF 19 CREDITABLE SERVICE F OR EACH YEAR OF SERV ICE. 20 (3) EACH YEAR OF SERVICE ENDS ON THE ANNIVERS ARY OF THE DATE 21 THE PARTICIPATING EM PLOYEE STARTED WORKI NG FOR THE PARTICIPA TING 22 EMPLOYER . 23 (B) (1) SERVICE WITH A PARTIC IPATING EMPLOYER INC LUDES ANY 24 PERIOD OF COMPULSORY OR VOLUNTARY SERVICE IN THE AR MED FORCES OF THE 25 UNITED STATES , A STATE MILITIA , OR ANY OTHER MILITAR Y SERVICE COVERED 26 UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS 27 ACT OF 1994, 38 U.S.C. § 4301 ET SEQ ., IF THE PARTICIPATING EMPLOYEE : 28 (I) WAS A MEMBER OF THE RETIRE MENT SAVINGS PLAN WH EN 29 THE MILITARY SERVICE BEGAN ; AND 30 (II) APPLIED FOR REEMPLOY MENT OR RETURNED TO SERVICE 31 WITH THE PARTICIPATI NG EMPLOYER : 32 HOUSE BILL 1064 27 1. WITHIN 1 YEAR AFTER DISCHARGE FROM THE 1 MILITARY SERVICE , AND THE PARTICIPATIN G EMPLOYEE DOES NOT TAKE OTHER 2 EMPLOYMENT ; 3 2. WITHIN 2 YEARS AFTER COMPLETI NG MILITARY 4 SERVICE IF THE MEMBE R WAS HOSPITALIZED O R CONVALESCING FROM AN ILLNESS 5 OR INJURY INCURRED O R AGGRAVATED DURING MILITARY SERVICE , AND THE 6 PARTICIPATING EMPLOY EE DOES NOT TAKE OTH ER EMPLOYMEN T; OR 7 3. MORE THAN 2 YEARS AFTER COMPLETI NG MILITARY 8 SERVICE IF CIRCUMSTA NCES BEYOND THE CONT ROL OF THE PARTICIPA TING 9 EMPLOYEE MAKE IT IMP OSSIBLE OR UNREASONA BLE FOR THE PARTICIP ATING 10 EMPLOYEE TO APPLY FO R REEMPLOYMENT WITHI N 2 YEARS , AND THE 11 PARTICIP ATING EMPLOYEE DOES NOT TAKE OTHER EMPLO YMENT . 12 (2) A PARTICIPATING EMPLOY EE’S TOTAL PERIOD OF MI LITARY 13 SERVICE MAY NOT EXCE ED 5 YEARS , NOT INCLUDING ANY PE RIOD OF MILITARY 14 SERVICE DESCRIBED UN DER TITLE 38, CHAPTER 43, § 4312( C)(1) THROUGH (4) OF 15 THE UNITED STATES CODE. 16 (C) A PARTICIPATING EMPLOY EE WHO DID NOT BECOM E A MEMBER OF THE 17 RETIREMENT SAVINGS P LAN SOLELY BECAUSE T HE PARTICIPATING EMP LOYEE WAS 18 CALLED TO ACTIVE DUT Y BEFORE COMPLETING 180 DAYS OF EMPLOYMENT W ITH A 19 PARTICIPATING EMPLOY ER SHALL BE E LIGIBLE TO RECEIVE C ONTRIBUTIONS 20 UNDER SUBTITLE 3 OF THIS TITLE IF THE PARTICIPATING EMPLOY EE BECOMES A 21 PARTICIPATING EMPLOY EE IN THE RETIREMENT SAVINGS PLAN ON 22 REEMPLOYMENT . 23 33A–402. 24 (A) (1) (I) A PARTICIPATING EMPLOY EE WHO RETIRES ON OR AFTER 25 THE PART ICIPATING EMPLOYEE ’S NORMAL RETIREMENT DATE MAY RECEIVE THE 26 PARTICIPATING EMPLOY EE’S TOTAL ACCOUNT BALA NCES IN THE RETIREME NT 27 SAVINGS PLAN . 28 (II) THE BOARD OF TRUSTEES SHALL DISTRI BUTE THE VALUE 29 OF THE PARTICIPATING EMPLOYEE ’S ACCOUNT BALANCES T O THE P ARTICIPATING 30 EMPLOYEE IN ACCORDAN CE WITH THIS SECTION . 31 (2) IF A PARTICIPATING EM PLOYEE’S NORMAL RETIREMENT DATE 32 OCCURS BEFORE THE PA RTICIPATING EMPLOYEE ’S SEPARATION FROM SE RVICE 33 WITH A PARTICIPATING EMPLOYER , ALL AMOUNTS CREDITED TO THE 34 28 HOUSE BILL 1064 PARTICIPATING E MPLOYEE ’S EMPLOYER CONTRIBUT IONS ACCOUNT ARE 100% 1 VESTED REGARDLESS OF THE PARTICIPATING EM PLOYEE’S YEARS OF CREDITABL E 2 SERVICE . 3 (3) IF A PARTICIPATING EM PLOYEE’S EMPLOYMENT CONTINU ES 4 AFTER THE PARTICIPAT ING EMPLOYEE ’S NORMAL RETIREMENT DATE , THE 5 PARTIC IPATING EMPLOYEE SHA LL CONTINUE TO PARTI CIPATE IN THE RETIRE MENT 6 SAVINGS PLAN AND THE DISTRIBUTION OF THE PARTICIPATING EMPLOY EE’S 7 BENEFITS SHALL BEGIN IN ACCORDANCE WITH S UBSECTION (I) OF THIS SECTION . 8 (B) (1) IF A PARTICIPATING EM PLOYEE INCURS A DISA BILITY BEFORE 9 RETIREMENT OR OTHER SEPARATION FROM SERV ICE THAT MAKES THE 10 PARTICIPATING EMPLOY EE UNABLE TO ENGAGE IN ANY SUBSTANTIAL G AINFUL 11 ACTIVITY BY REASON O F ANY MEDICALLY DETE RMINABLE PHYSICAL OR MENTAL 12 IMPAIRMENT THAT CAN BE EXPECTED TO RESUL T IN DEATH OR THAT HAS LASTED 13 OR CAN BE EXPECTED T O LAST FOR A CONTINU OUS PERIOD OF NOT LE SS THAN 12 14 MONTHS , THE DISABLED PARTICI PATING EMPLOYEE SHAL L REMAIN A 15 PARTICIPATING EMPLOY EE IN THE RETIREMENT SAVINGS PLAN AS PROV IDED IN 16 THIS SUBSECTION . 17 (2) ALL AMOUNTS C REDITED TO THE PARTI CIPATING EMPLOYEE ’S 18 RETIREMENT SAVINGS A CCOUNT , INCLUDING EMPLOYER C ONTRIBUTIONS , ARE 19 100% VESTED REGARDLESS OF THE PARTICIPATING EM PLOYEE’S YEARS OF 20 CREDITABLE SERVICE . 21 (3) THE PARTICIPATING EMP LOYEE SHALL REMAIN A PARTICIPATING 22 EMP LOYEE IN THE RETIREM ENT SAVINGS PLAN UND ER THIS SECTION UNTI L THE 23 PARTICIPATING EMPLOY EE DIES , REACHES THE NORMAL R ETIREMENT DATE , OR 24 RECOVERS FROM THE DI SABILITY . 25 (4) IN DETERMINING THE AM OUNT OF THE EMPLOYER 26 CONTRIBUTION UNDER SUBTITLE 3 OF THIS TITLE , THE PARTICIPATING 27 EMPLOYEE ’S REGULAR EARNINGS M EANS THE REGULAR EAR NINGS THE 28 PARTICIPATING EMPLOY EE WOULD HAVE RECEIV ED FOR THE YEAR IF T HE 29 PARTICIPATING EMPLOY EE WAS PAID FOR THE FULL YEAR AT THE RAT E OF 30 COMPENSATION PAID IN THE PAY PERIOD IMMED IATELY B EFORE THE 31 PARTICIPATING EMPLOY EE BECAME DISABLED . 32 (5) THE PARTICIPATING EMP LOYEE MAY NOT RECEIV E A 33 DISTRIBUTION DURING ANY PERIOD IN WHICH THE PARTICIPATING EM PLOYEE 34 RECEIVES EMPLOYER CO NTRIBUTIONS . 35 HOUSE BILL 1064 29 (6) THE PARTICIPATING EMP LOYEE MAY NOT MAKE A NY MEMBER 1 CONTRIBUTIONS UNDER SUBTITLE 3 OF THIS TITLE DURING THE PERIOD OF 2 DISABILITY PARTICIPA TION IN THE RETIREME NT SAVINGS PLAN . 3 (C) (1) IF A PARTICIPATING EM PLOYEE DIES BEFORE R ECEIVING THE 4 PARTICIPATING EMPLOY EE’S TOTAL ACCOUNT BALA NCES IN THE RETIREM ENT 5 SAVINGS PLAN , THE BOARD OF TRUSTEES SHALL DISTRI BUTE THE VALUE OF TH E 6 PARTICIPATING EMPLOY EE’S ACCOUNT BALANCES T O THE PARTICIPATING 7 EMPLOYEE ’S BENEFICIARY UNDER THIS SECTION . 8 (2) IF A PARTICIPATING EM PLOYEE DIES BEFORE T HE 9 PARTICIPATING EMPLOY EE’S SEPARATION FROM SERV ICE, ALL AMOUNTS CREDITED 10 TO THE PARTICIPATING EMPLOYEE ’S EMPLOYER CONTRIBUT IONS ACCOUNT ARE 11 100% VESTED REGARDLESS OF THE PARTICIPATING EM PLOYEE’S YEARS OF 12 CREDITABLE SERVICE . 13 (3) (I) A PARTICIPATING EMPLOY EE MAY NAME A PRIMAR Y 14 BENE FICIARY OR BENEFICIA RIES AND CONTINGENT BENEFICIARY OR 15 BENEFICIARIES ON A D ESIGNATION OF BENEFI CIARIES FORM FILED W ITH THE 16 BOARD OF TRUSTEES . 17 (II) IF A PARTICIPATING EM PLOYEE NAMES TWO OR MORE 18 PERSONS AS BENEFICIA RIES , THE PERSONS ARE CONS IDERED COBENE FICIARIES 19 AND SHARE THE BENEFI T EQUALLY UNLESS THE PARTICIPATING EMPLOY EE 20 SPECIFIES OTHERWISE ON THE DESIGNATION O F BENEFICIARIES FORM . 21 (III) A PARTICIPATING EMPLOY EE MAY CHANGE ANY NA MED 22 BENEFICIARY BY COMPL ETING A NEW DESIGNAT ION OF BENEFICIARIES FOR M. 23 (IV) THE CONSENT OF THE BE NEFICIARY OR BENEFIC IARIES IS 24 NOT REQUIRED TO NAME OR CHANGE A BENEFICI ARY. 25 (V) THE DESIGNATION IS EF FECTIVE WHEN THE 26 PARTICIPATING EMPLOY EE SIGNS THE FORM EV EN IF THE PARTICIPAT ING 27 EMPLOYEE IS NOT ALIV E WHEN THE BOARD OF TRUSTEES RECEIVES THE REQUEST , 28 BUT WITHOUT PREJUDIC E FOR ANY PAYMENTS M ADE BEFORE THE BOARD OF 29 TRUSTEES RECEIVED THE REQUEST . 30 (4) (I) IF A PARTICIPATING EM PLOYEE DIES WITHOUT 31 DESIGNATING A SURVIV ING BENEFICIARY OR T HE DESIGNATION IS NO T 32 ENFORCEABLE U NDER PARAGRAPH (5) OF THIS SUBSECTION , THE SURVIVING 33 SPOUSE , OR, IF THERE IS NO SURVI VING SPOUSE , EACH SURVIVING CHILD , SHARING 34 EQUALLY WITH ANY OTH ER SURVIVING CHILD , IS THE DESIGNATED BE NEFICIARY . 35 30 HOUSE BILL 1064 (II) IF NO SPOUSE OR CHILD SURVIVES AND A PARTI CIPATI NG 1 EMPLOYEE LEAVES NO E NFORCEABLE BENEFICIA RY DESIGNATION , THE 2 PARTICIPATING EMPLOY EE’S ESTATE IS THE DESI GNATED BENEFICIARY . 3 (5) A BENEFICIARY DESIGNAT ION IS NOT ENFORCEAB LE IF : 4 (I) THE DESIGNATED BENEF ICIARY : 5 1. PREDECEASES THE MEMB ER; 6 2. DISCLAIMS THE BENEFI T; OR 7 3. IS NOT AN IDENTIFIAB LE PERSON ; OR 8 (II) THE DESIGNATION IS L EGALLY VOID FOR ANY REASON . 9 (D) (1) IF A PARTICIPATING EM PLOYEE SEPARATES FRO M SERVICE WITH 10 A PARTICIPATING EMPL OYER FOR ANY REASON OTHER THAN NORMAL RE TIREMENT , 11 DISABILITY RETIREMEN T, OR DEATH , THE BOARD OF TRUSTEES SHALL DISTRI BUTE 12 TO THE PARTICIPATING EMPLOYEE THE VESTED PORTION OF THE PARTI CIPATING 13 EMPLOYEE ’S ACCOUNT BALANCES I N ACCORDANCE WITH TH IS SECTION . 14 (2) (I) A PARTICIPATING EMPLOY EE IS 100% VESTED IN ALL 15 PARTICIPATING EMPLOY EE CONTRIBUTIONS ACC OUNTS AND ROLLOVER 16 CONTRIBUTIONS ACCOUN TS AT ALL TIMES . 17 (II) THE VESTED INTEREST I N A PARTICIPATING EM PLOYEE’S 18 EMPLOYER CONTRIBUTIO NS ACCOUNT SHALL BE A PERCENTAGE OF THE ACCOUNT , 19 DETERMINED ON THE BASIS OF THE PARTICI PATING EMPLOYEE ’S YEARS OF 20 CREDITABLE SERVICE A S FOLLOWS : 21 1. 0% VESTED IF THE PARTIC IPATING EMPLOYEE HAS 22 ACCRUED LESS THAN 3 YEARS ; AND 23 2. 100% VESTED IF THE PARTIC IPATING EMPLOYEE HAS 24 ACCRUED AT LEAST 3 YEARS . 25 (3) (I) IF A PARTICIPATING EMPLOY EE HAS NO VESTED INT EREST 26 IN THE EMPLOYER CONT RIBUTIONS ACCOUNT AT THE TIME OF THE PART ICIPATING 27 EMPLOYEE ’S SEPARATION FROM SE RVICE , THE PARTICIPATING EM PLOYEE SHALL 28 FORFEIT THE ENTIRE E MPLOYER CONTRIBUTION S ACCOUNT AS OF THE DATE OF 29 SEPARATION FROM SERVI CE. 30 HOUSE BILL 1064 31 (II) 1. THE BOARD OF TRUSTEES SHALL ALLOW A ONETIME 1 REINSTATEMENT OF THE FORFEITED EMPLOYER C ONTRIBUTIONS TO AN E MPLOYEE 2 WHO IS REEMPLOYED BY THE PARTICIPATING EM PLOYER WITHIN 12 MONTHS OF 3 SEPARATION AND AGAIN BECOMES A MEMBER O F THE RETIREMENT SAV INGS PLAN . 4 2. THE AMOUNT REINSTATED BY THE BOARD OF 5 TRUSTEES SHALL BE EQU AL TO THE VALUE OF T HE EMPLOYER CONTRIBU TIONS 6 ACCOUNT , INCLUDING INVESTMENT GAINS AND LOSSES , AS OF THE DATE OF TH E 7 PARTICIPATING EMPLOY EE’S SEPARATION FROM S ERVICE . 8 (III) THE BOARD OF TRUSTEES SHALL USE TH E FORFEITURES 9 TO PAY THE OPERATING EXPENSES OF THE RETI REMENT SAVINGS PLAN OR TO 10 REDUCE THE AMOUNT OF COUNTY CONTRIBUTIONS . 11 (E) (1) IF A PARTICIPATING EM PLOYEE IS EMPLOYED B Y A 12 PARTICIPATING EMPLOY ER, NO DISTRIBUTION IS PE RMITTED . 13 (2) DISTRIBUTIONS SHALL B E MADE ONLY ON A PAR TICIPATING 14 EMPLOYEE ’S DEATH , RETIREMENT , DISABILITY RETIREMEN T, OR SEPARATION 15 FROM SERVICE . 16 (F) (1) THE BOARD OF TRUSTEES SHALL PAY , AT THE REQUEST OF TH E 17 PARTICIPATING EMPLOYEE OR THE DESI GNATED BENEFICIARY , THE 18 PARTICIPATING EMPLOY EE’S ACCOUNT BALANCES I N THE RETIREMENT SAV INGS 19 PLAN ON RETIREMENT , DISABILITY RETIREMEN T, DEATH , OR SEPARATION FROM 20 SERVICE . 21 (2) UNLESS THE PARTICIPAT ING EMPLOYEE ELECTS AN OPTIONAL 22 METHOD OF DISTRIBUTION UNDE R PARAGRAPH (3) OF THIS SUBSECTION , THE 23 NORMAL METHOD OF DIS TRIBUTION SHALL BE A LUMP SUM DISTRIBUTIO N. 24 (3) (I) A PARTICIPATING EMPLOY EE MAY ELECT , SUBJECT TO THE 25 CONDITIONS OF THIS P ARAGRAPH , TO USE THE ENTIRE AC COUNT BALANCES TO B UY 26 AN ANNUITY PAYABLE I N ONE OF THE FOLLOWI NG ACTUARIALLY EQUIV ALENT 27 METHODS : 28 1. A JOINT AND SURVIVOR ANNUITY PAYABLE FOR THE 29 LIFE OF THE PARTICIP ATING EMPLOYEE , WITH A SURVIVOR ’S ANNUITY PAYABLE 30 FOR THE LIFE OF THE PARTICIPATING EMPLOY EE’S SPOUSE IN AN AMOUNT AT LEAST 31 EQUAL TO ONE –HALF OF THE AMOUNT O F THE ANNUITY PAYABL E DURING THE 32 JOINT LIVES OF THE P ARTICIPATING EMPLOYE E AND THE PARTICIPAT ING 33 EMPLOYEE ’S SPOUSE ; 34 32 HOUSE BILL 1064 2. A SINGLE LIFE ANNUIT Y PAYABLE FOR THE LI FETIME 1 OF THE PARTICIPATING EMPLOYEE ; OR 2 3. A PERIOD CERTAIN ANN UITY IN WHICH A CERT AIN 3 NUMBER OF PAYMENTS A RE GUARANTEED REGARD LESS OF WHEN THE 4 PARTICIPATING EMPLOY EE DIES . 5 (II) 1. IF BENEFITS UNDER THE RETIREMENT SAVINGS P LAN 6 ARE PAYABLE AS AN AN NUITY , THE BOARD OF TRUSTEES SHALL USE THE ACCOUNT 7 BALANCES OF THE PART ICIPATING EMPLOYEE T O BUY AN ANNUITY CON TRACT 8 FROM AN INSURANCE CO MPANY AUTHORIZED TO DO BUSINESS IN THE STATE . 9 2. THE CONTRACT UNDER SU BSUBPARAGRAPH 1 OF 10 THIS SUBPARAGRAPH SH ALL PROVIDE FOR PAYM ENT IN THE METHOD CH OSEN BY 11 THE PARTICIPATING EM PLOYEE . 12 (III) A PARTICIPATING EMPLOY EE MAY ELECT TO HAVE THE 13 ENTIRE ACCOUNT BALAN CES PAID IN INSTALLM ENTS ON A MONTHLY OR AN ANNUAL 14 BASIS OVER A PERIOD SELECTED BY THE PART ICIPATING EMPLOYEE , SUBJECT TO 15 APPLICABLE RESTRICTI ONS I N THE INTERNAL REVENUE CODE AND ITS 16 CORRESPONDING REGULA TIONS . 17 (G) (1) NOTWITHSTANDING ANY P ROVISION OF LAW THAT WOULD 18 OTHERWISE LIMIT A PA RTICIPATING EMPLOYEE ’S ELECTION UNDER THI S SECTION , 19 A PARTICIPATING EMPL OYEE OR DESIGNATED B ENEFICIARY MAY ELECT IN ANY 20 MANNER PRESCRIBED BY THE BOARD OF TRUSTEES AT ANY TIME TO HAVE ANY 21 PORTION OF AN ELIGIB LE ROLLOVER DISTRIBU TION AS DEFINED IN T HE INTERNAL 22 REVENUE CODE, PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN , AS DEFINED 23 IN THE INTERNAL REVENUE CODE, SPECIFIED B Y THE PARTICIPATING EMPLOYEE 24 IN A DIRECT ROLLOVER . 25 (2) FOR PURPOSES OF THIS SUBSECTION , A DIRECT ROLLOVER IS A 26 PAYMENT FROM THE RET IREMENT SAVINGS PLAN TO THE ELIGIBLE RETI REMENT 27 PLAN SPECIFIED BY TH E PARTICIPATING EMPL OYEE . 28 (H) (1) (I) THE BOARD OF TRUSTEES SHALL PAY A PARTICIPATING 29 EMPLOYEE WHO RETIRES BY REASON OF NORMAL , DEFERRED , OR DISABILITY 30 RETIREMENT , THE PARTICIPATING EM PLOYEE’S ACCOUNT BALANCES I N THE 31 RETIREMENT SAVINGS P LAN. 32 (II) THE DISTRIBUTION SHAL L BEGIN AS SOON AS 33 ADMINISTRATIVELY FEA SIBLE AFTER THE PART ICIPATING EMPLOYEE ’S 34 HOUSE BILL 1064 33 RETIREMENT AND AFTER THE DATE ELECTED BY THE PARTICIPATING EM PLOYEE , 1 BUT NO LATER THAN APRIL 1 FOLLOWING THE LATER OF THE CALENDAR YEAR IN 2 WHICH THE PARTIC IPATING EMPLOYEE REA CHES THE AGE OF 70 1/2 YEARS OR THE 3 CALENDAR YEAR IN WHI CH THE PARTICIPATING EMPLOYEE ’S EMPLOYMENT ENDS . 4 (2) (I) A PARTICIPATING EMPLOY EE WHO HAS A 100% VESTED 5 INTEREST IN THE EMPL OYER CONTRIBUTIONS A CCOUNT , AND WHOSE EMPLOYMENT 6 WITH A PARTICIPATING EMPL OYER ENDS BEFORE THE PARTICIPATING EMPLOY EE’S 7 DEATH , DISABILITY RETIREMEN T, OR NORMAL RETIREMENT DATE , MAY RECEIVE 8 THE ACCOUNT BALANCES IN THE EMPLOYER CONT RIBUTION ACCOUNTS AN D THE 9 PARTICIPATING EMPLOY EE CONTRIBUTION ACCO UNTS BEFORE R EACHING THE 10 NORMAL RETIREMENT DA TE ONLY ON FILING WR ITTEN CONSENT FOR TH E 11 DISTRIBUTION WITH TH E BOARD OF TRUSTEES . 12 (II) THE DISTRIBUTION SHAL L BE MADE AS SOON AS 13 ADMINISTRATIVELY FEA SIBLE AFTER THE BOARD OF TRUSTEES RECEIVES THE 14 WRITTEN CONSENT FOR THE DISTRIBUTION . 15 (3) (I) IF A PARTICIPATING EM PLOYEE’S EMPLOYMENT WITH A 16 PARTICIPATING EMPLOY ER ENDS BEFORE THE P ARTICIPATING EMPLOYE E HAS A 17 VESTED INTEREST IN T HE EMPLOYER CONTRIBU TIONS AND THE PARTIC IPATING 18 EMPLOYEE PROPERLY CO MPLETES AND SUBMITS AN AP PLICATION FOR 19 DISTRIBUTION OF THE PARTICIPATING EMPLOY EE’S MEMBER CONTRIBUTIO N 20 ACCOUNT , THE BOARD OF TRUSTEES SHALL DISTRI BUTE THE PARTICIPATI NG 21 EMPLOYEE ’S MEMBER CONTRIBUTIO N ACCOUNT AS SOON AS ADMINISTRATIVELY 22 FEASIBLE . 23 (II) IF A PARTICIPATING EM PLOY EE DOES NOT PROPERLY 24 COMPLETE AND SUBMIT AN APPLICATION FOR A DISTRIBUTION , THE BOARD OF 25 TRUSTEES SHALL DISTRI BUTE THE PARTICIPATI NG EMPLOYEE ’S MEMBER 26 CONTRIBUTION ACCOUNT UNDER THE TIME LIMIT S DESCRIBED IN THIS SECTION . 27 (I) (1) THE DISTRIBUTION OF A PAR TICIPATING EMPLOYEE ’S OR 28 FORMER PARTICIPATING EMPLOYEE ’S RETIREMENT BENEFIT S SHALL BEGIN NO 29 LATER THAN APRIL 1 FOLLOWING THE LATER OF: 30 (I) THE CALENDAR YEAR IN WHICH THE PARTICIPAT ING 31 EMPLOYEE REACHES THE AGE OF 70 1/2 YEARS ; OR 32 (II) THE CALENDAR Y EAR IN WHICH THE PAR TICIPATING 33 EMPLOYEE SEPARATES F ROM SERVICE . 34 34 HOUSE BILL 1064 (2) THE DISTRIBUTION MAY BE MADE AS PROVIDED IN SUBSECTION 1 (F) OF THIS SECTION . 2 (J) IF DISTRIBUTION TO A RETIRED PARTICIPATIN G EMPLOYEE HAS BEGUN 3 UNDER SUBSECTION (I) OF THIS SECTION AND THE PARTICIPATING EM PLOYEE DIES 4 BEFORE THE PARTICIPA TING EMPLOYEE ’S ENTIRE BENEFIT HAS BEEN 5 DISTRIBUTED TO THE P ARTICIPATING EMPLOYE E, THE REMAINING BENEFI T, IF ANY , 6 SHALL BE DISTRIBUTED AT LEAST AS RAPIDLY AS UNDER THE METHOD OF 7 DISTRIBUTION IN EFFE CT ON THE DATE OF THE RETI RED PARTICIPATING 8 EMPLOYEE ’S DEATH . 9 (K) (1) IF A PARTICIPATING EM PLOYEE DIES BEFORE P AYMENT OF 10 BENEFITS UNDER THIS SECTION HAS BEGUN , THE BENEFITS SHALL B E DISTRIBUTED 11 BEFORE THE END OF TH E CALENDAR YEAR CONT AINING THE FIFTH ANN IVERSA RY 12 OF THE PARTICIPATING EMPLOYEE ’S DEATH UNLESS : 13 (I) 1. ANY PORTION OF THE P ARTICIPATING EMPLOYE E’S 14 BENEFIT IS PAYABLE T O, OR FOR THE BENEFIT O F, A DESIGNATED BENEFIC IARY ; 15 2. THE PORTION OF THE B ENEFIT TO WHICH THE 16 DESIGNATED BENEFICIA RY IS ENTITL ED WILL BE DISTRIBUT ED OVER THE LIFE OF 17 THE BENEFICIARY OR O VER A PERIOD NOT EXT ENDING BEYOND THE LI FE 18 EXPECTANCY OF THE BE NEFICIARY ; AND 19 3. THE DISTRIBUTIONS BE GIN BEFORE THE END O F THE 20 CALENDAR YEAR FOLLOW ING THE CALENDAR YEA R IN WHICH THE PARTI CIPA TING 21 EMPLOYEE ’S DEATH OCCURRED ; OR 22 (II) 1. THE PORTION OF THE P ARTICIPATING EMPLOYE E’S 23 BENEFIT TO WHICH THE SURVIVING SPOUSE IS ENTITLED WILL BE DIS TRIBUTED 24 OVER THE LIFE OF THE SURVIVING SPOUSE , OR OVER A PERIOD NOT EXTENDING 25 BEYOND THE LIFE EXPECTANCY OF THE SU RVIVING SPOUSE ; AND 26 2. THE DISTRIBUTIONS BE GIN BEFORE THE LATER OF 27 THE END OF THE CALEN DAR YEAR FOLLOWING T HE CALENDAR YEAR IN WHICH THE 28 PARTICIPATING EMPLOY EE DIED OR THE END O F THE CALENDAR YEAR IN WHICH 29 THE PARTICIPATING EM PLOYE E WOULD HAVE REACHED THE AGE OF 70 1/2 YEARS . 30 (2) FOR PURPOSES OF THIS SECTION : 31 (I) THE LIFE EXPECTANCY OF A PARTICIPATING E MPLOYEE 32 AND THE PARTICIPATIN G EMPLOYEE ’S SPOUSE MAY BE RECA LCULATED EACH YEAR ; 33 AND 34 HOUSE BILL 1064 35 (II) ANY AMOUNT PAID TO A CHILD IS TRE ATED AS IF IT HAD 1 BEEN PAID TO THE PAR TICIPATING EMPLOYEE ’S SURVIVING SPOUSE I F THE 2 AMOUNT IS PAYABLE TO THE SURVIVING SPOUSE BEFORE THE CHILD BEC OMES AN 3 ADULT OR THE OCCURRE NCE OF ANY OTHER DES IGNATED EVENT PERMIT TED 4 UNDER FEDERAL REGULA TION . 5 (L) DISTRI BUTIONS UNDER A PLAN SHALL BE SUBJECT TO THE 6 LIMITATIONS OF § 401( A)(9) OF THE INTERNAL REVENUE CODE, INCLUDING THE 7 INCIDENTAL DEATH BEN EFIT RULES IN § 401( A)(9)(G) OF THE INTERNAL REVENUE 8 CODE, IN ACCORDANCE WITH A NY PROPOSED OR FINAL REGULATIONS UNDER § 9 401( A)(9) OF THE INTERNAL REVENUE CODE. 10 SUBTITLE 5. ADMINISTRATION . 11 33A–501. 12 (A) (1) THE BOARD OF TRUSTEES SHALL : 13 (I) ADMINISTER THE RETIR EMENT SAVINGS PLAN ; 14 (II) DECIDE THE ELIGIBILI TY OF ANY PARTICIPAT ING 15 EMPLOYEE AND THE RIG HTS OF ANY PARTICIPATING EMPLOY EE OR BENEFICIARY 16 TO RECEIVE BENEFITS ; 17 (III) COMPUTE THE AMOUNT O F BENEFITS PAYABLE T O ANY 18 PARTICIPATING EMPLOY EE OR BENEFICIARY ; AND 19 (IV) AUTHORIZE DISBURSEME NTS OF BENEFITS . 20 (2) A DETERMINATION BY THE BOARD OF TRUSTEES ON ANY MATTER 21 WITHIN ITS AUTHORITY UNDER THIS PLAN IS F INAL AND BINDING ON ALL 22 INTERESTED PARTIES . 23 (B) THE BOARD OF TRUSTEES SHALL ADOPT REGULATIONS TO CARRY OUT 24 THE PROVISIONS OF TH IS TITLE . 25 (C) (1) THE STATE SHALL MAKE CONT RIBUTIONS TO THE RET IREMENT 26 SAVINGS PLAN , SUBJECT TO APPROPRIA TION . 27 (2) THE STATE MAY MAKE ADDITI ONAL CONTRIBUTIONS T O THE 28 TRUST TO COVER OPERA TING EXPENSES OF THE RETIREMENT SAVINGS P LAN. 29 36 HOUSE BILL 1064 (3) THE BOARD OF TRUSTEES SHALL PAY OP ERATING EXPENSES OF 1 THE RETIREMENT SAVIN GS PLAN FRO M RETIREMENT SAVINGS PLAN ASSETS OR 2 FROM CONTRIBUTIONS M ADE UNDER PARAGRAPH (2) OF THIS SUBSECTION . 3 (4) A PARTICIPATING EMPLOY ER SHALL PAY ANY AMO UNTS 4 NECESSARY TO COVER T HE PARTICIPATING EMP LOYER’S RESPECTIVE OPERATI NG 5 EXPENSES OF THE RETI REMENT SAVING S PLAN . 6 (D) THE BOARD OF TRUSTEES SHALL PRESCR IBE THE FORM , SCOPE , 7 MAINTENANCE , AND DISCLOSURE OF RE CORDS FOR THE RETIRE MENT SAVINGS 8 PLAN IN ACCORDANCE W ITH STATE LAW . 9 (E) (1) ANY PARTICIPATING EMP LOYEE , FORMER PARTICIPATING 10 EMPLOYEE , OR DESIGNATED BEN EFICIARY ELIGIBLE TO RECEIVE BENEFITS FRO M 11 THE RETIREMENT SAVIN GS PLAN MAY REQUEST , IN WRITING , A DECISION ON 12 QUESTIONS ARISING UN DER THIS TITLE . 13 (2) THE BOARD OF TRUSTEES SHALL RESPON D IN WRITING TO THE 14 REQUEST WITHIN 60 DAYS . 15 (3) THE RESPONSE SHA LL INCLUDE A STATEME NT OF APPEAL 16 RIGHTS . 17 (4) A DECISION BY THE BOARD OF TRUSTEES MAY BE APPEA LED 18 WITHIN 15 DAYS TO THE OFFICE OF ADMINISTRATIVE HEARINGS . 19 (5) THE DECISION OF THE OFFICE OF ADMINISTRATIVE HEARINGS IS 20 FINAL . 21 (F) (1) ON OR BEFORE MARCH 1 EACH YEAR , THE BOARD OF TRUSTEES 22 SHALL SUBMIT AN ANNU AL REPORT ON THE STA TUS OF THE RETIREMEN T SAVINGS 23 PLAN FOR THE PRECEDI NG PLAN YEAR , INCLUDING THE EXTENT AND CONTENT OF 24 COUNSELING MADE AVAI LABLE TO PARTICIPATI NG EMPLOYEES TO THE SENATE 25 BUDGET AND TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS 26 COMMITTEE IN ACCORDAN CE WITH § 2–1246 OF THE STATE GOVERNMENT 27 ARTICLE . 28 (2) THE BOARD OF TRUSTEES SHALL MAKE A NY REPORT PREPARED 29 UNDER PARAGRAPH (1) OF THIS SUBSECTION A VAILABLE TO ALL STATE OFFICIALS , 30 EACH PARTICIPATING E MPLOYEE OF THE RETIR EMENT SAVINGS PLAN , AND THE 31 PUBLIC . 32 HOUSE BILL 1064 37 (3) THE SENATE BUDGET AND TAXATION COMMITTEE OR TH E 1 HOUSE APPROPRIATIONS COMMITTEE MAY ASK THE BOARD OF TRUSTEES TO 2 PROVIDE ADDITIONAL I NFORMATION IN THE AN NUAL REPORT OR IN AD DITIONAL 3 REPORTS . 4 (4) THE BOARD OF TRUSTEES SHALL PROVID E THE ADDITIONAL 5 INFORMATION PROMPTLY . 6 (G) (1) THE BOARD OF TRUSTEES SHALL SUPPLY TO EACH 7 PARTICIPATING EMPLOY EE FOR EACH PLAN YEA R A REPORT STATING T HE AMOUNT 8 OF THE PARTICIPATING EMPLOYEE ’S ACCOUNT BALANCES A ND THE PARTICIPATING 9 EMPLOYEE ’S VESTED INTEREST . 10 (2) THE REPORT SHALL BE D ISTRIBUTED AS SOON A S 11 ADMINISTRATIVEL Y FEASIBLE AFTER THE CLOSE OF EACH PLAN Y EAR. 12 (3) THE BOARD OF TRUSTEES IS NOT REQUI RED TO PROVIDE MORE 13 THAN ONE REPORT DURI NG ANY PLAN YEAR . 14 33A–502. 15 (A) A TRUST IS ESTABLISHED AS PART OF THE RETIR EMENT SAVINGS PLAN 16 FOR THE BENEFIT OF T HE PARTICIPA TING EMPLOYEES IN TH E RETIREMENT 17 SAVINGS PLAN . 18 (B) THE TRUST CONSISTS OF THE MONEY AND PROPER TY OF THE 19 RETIREMENT SAVINGS P LAN AND ANY EARNINGS , PROFITS , INCREMENTS , 20 APPRECIATION , AND OTHER ADDITIONS THAT ACCRUE . 21 (C) ALL OF THE MONEY AND PROPERTY , ALL INVESTMENTS MADE W ITH 22 THAT MONEY AND PROPE RTY, AND ALL EARNINGS , PROFITS , INCREMENTS , AND 23 OTHER ADDITIONS , LESS THE PAYMENTS PR EVIOUSLY MADE BY THE BOARD OF 24 TRUSTEES , ARE THE RETIREMENT S AVINGS PLAN TRUST FU ND. 25 33A–503. 26 (A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITLE , THE POWERS 27 AND DUTIES WITH RESP ECT TO INVESTMENTS O F THE RETIREMENT SAV INGS PLAN 28 ARE VESTED IN THE BOARD OF TRUSTEES . 29 (2) THE BOARD OF TRUSTEES HAS LEGAL TI TLE TO ALL CASH AND 30 OTHER PROPERTY OF TH E RETIREMENT SAVINGS PLAN , BUT MAY DELEGATE SOME 31 OR ALL OF THE INCIDE NTS OF OWNERSHIP AS PROVIDED IN THIS TIT LE. 32 38 HOUSE BILL 1064 (B) (1) IN ACCORDANCE WITH TH E INVESTMENT POLICY MANUAL 1 ADOPTED UNDER § 21–116 OF THIS ARTICLE , THE BOARD OF TRUSTEES SHALL 2 INVEST AND REINVEST , OR CAUSE TO BE INVES TED OR REIN VESTED , THE PRINCIPAL 3 AND INCOME OF THE RE TIREMENT SAVINGS PLA N AND KEEP THE SAME INVESTED 4 WITHOUT DISTINCTION BETWEEN PRINCIPAL AN D INCOME . 5 (2) THE BOARD OF TRUSTEES HAS THE EXCL USIVE AUTHORITY TO 6 MANAGE THE ASSETS OF THE RETIREMENT SAVIN GS PLAN , BUT SHALL , TO THE 7 EXTENT DIRECTED BY P ARTICIPATING EMPLOYE ES, INVEST EACH PARTICIP ATING 8 EMPLOYEE ’S ACCOUNTS IN THE MA NNER DIRECTED BY THE PARTICIPATING 9 EMPLOYEE . 10 (3) THE BOARD OF TRUSTEES MAY MAKE OR PERMIT AN INVESTMENT 11 MANAGER TO MAKE INDI VIDUAL INVESTMENT SE LECTIONS WITH RESPEC T TO ANY 12 INVESTMENTS DESCRIBE D IN THIS SECTION . 13 (4) THE BOARD OF TRUSTEES MAY SELECT M UTUAL FUNDS , 14 COMMINGLED FUNDS , OR ANY COMBINATION OF F UNDS TO PROVIDE INVE STMENT 15 OPTIONS FOR THE RETI REMENT SAVINGS PLAN . 16 (C) THE BOARD OF TRUSTEES SHALL : 17 (1) DEVELOP RECORD KEEPI NG FUNCTIONS FOR THE PURPOSE OF 18 MAINTAINING AND REPO RTING ON PARTICIPATI NG EMPLOYEE ACCOUNT BALANCES ; 19 (2) DESIGNATE APPROPRIAT E INVESTMENT OPTIONS TO BE OFFERED 20 TO PLAN PARTICIPATIN G EMPLOYEES ; 21 (3) DESIGNATE METHODS OF ACCOUNTING FOR INVES TMENTS ; AND 22 (4) DESIGNATE METHODS OF SELECTING ANNUITY CO NTRACTS FOR 23 DISTRIBUTION OF PART ICIPATING EMPLOYEE ACCOUNT BALANCES . 24 (D) THE BOARD OF TRUSTEES SHALL MAKE C OUNSELING AVAILABLE TO 25 EACH PARTICIPATING E MPLOYEE DURING EACH PLAN YEAR TO ADVISE THE 26 PARTICIPATING EMPLOY EE REGARDING INVESTM ENT SELECTIONS FOR M EMBER 27 AND EMPLOYER CONTRIB UTIONS . 28 (E) THE BOARD O F TRUSTEES OR ANY INVES TMENT MANAGER MAY NO T 29 INVEST ANY RETIREMEN T SAVINGS PLAN ASSET IN ANY BOND , NOTE , OR DEBT 30 INSTRUMENT ISSUED BY : 31 HOUSE BILL 1064 39 (1) THE STATE ; 1 (2) ANY POLITICAL SUBDIV ISION OF THE STATE ; 2 (3) ANY AGENCY SUPPORTED OR FINANCED WHOLLY O R PARTLY BY 3 TAXES LEVIED BY THE STATE ; OR 4 (4) ANY AGENCY SUPPORTED BY BOND ISSUES UNDER WRITTEN BY 5 THE STATE . 6 (F) THE BOARD OF TRUSTEES SHALL DO ALL ACTS THAT THE BOARD OF 7 TRUSTEES CONSIDERS NE CESSARY AND EXERCISE ANY AND ALL POWERS O F THIS 8 TITLE WITH RESPECT TO THE MANAGEMENT OF THE RETIREMENT SAVIN GS PLAN 9 AND, IN GENERAL , EXERCISE ALL POWERS IN THE MANAGEMENT OF THE ASSETS 10 THAT AN INDIVIDUAL C OULD EXERCISE IN THE MANAGEMENT OF PROPER TY OWNED 11 IN THE INDIVIDUAL ’S OWN RIGHT EXCEPT F OR MAKING AN INDIVID UAL INVEST MENT 12 SELECTION . 13 (G) THE BOARD OF TRUSTEES MAY NOT ENGA GE IN ANY TRANSACTIO N 14 BETWEEN THE TRUST AN D THE PARTICIPATING EMPLOYER , OR ANY ENTITY 15 CONTROLLED BY THE STATE , IN WHICH THE BOARD OF TRUSTEES : 16 (1) LENDS ANY PART OF IT S INCOME OR CORPUS , WITHOUT 17 RECEIVING ADEQUATE SEC URITY AND A REASONAB LE RATE OF INTEREST ; 18 (2) PAYS ANY COMPENSATIO N MORE THAN A REASON ABLE 19 ALLOWANCE FOR SALARI ES OR OTHER COMPENSA TION OR PERSONAL SER VICES 20 ACTUALLY RENDERED ; 21 (3) MAKES ANY SERVICE AV AILABLE ON A PREFERE NTIAL BASIS ; 22 (4) MAKES ANY SUBSTANTIA L PURCHASE OF SECURI TIES OR OTHER 23 PROPERTY FOR MORE TH AN ADEQUATE CONSIDER ATION ; 24 (5) SELLS ANY SUBSTANTIA L PART OF ITS SECURI TIES OR OTHER 25 PROPERTY FOR LESS TH AN ADEQUATE CONSIDER ATION ; OR 26 (6) ENGAGES IN ANY TRANS ACTION THAT RESULTS IN A SU BSTANTIAL 27 DIVERSION OF ITS INC OME OR CORPUS . 28 (H) (1) (I) THE BOARD OF TRUSTEES MAY APPOINT INVESTMENT 29 MANAGERS TO MANAGE , ACQUIRE , OR DISPOSE OF ALL OR SOME OF THE ASSETS O F 30 THE RETIREMENT SAVIN GS PLAN . 31 40 HOUSE BILL 1064 (II) THE BOARD OF TRUSTEES MAY DISMISS ANY INVE STMENT 1 MANAGER THE BOARD OF TRUSTEES APPOINTS . 2 (III) THE FEES CHARGED BY A NY INVESTMENT MANAGE R ARE 3 EXPENSES OF THE RETI REMENT SAVINGS PLAN . 4 (2) (I) IN ANY CONTRACT WITH AN INVESTMENT MANAGE R, THE 5 BOARD OF TRUSTEES SHALL IDENTI FY THE ASSETS THAT A RE SUBJECT TO THE 6 CONTRACT . 7 (II) THE BOARD OF TRUSTEES MAY GIVE AN INVESTMENT 8 MANAGER THE RIGHT TO INVEST THE ASSETS OF THE RETIREMENT SAVIN GS PLAN 9 SPECIFIED IN THE CON TRACT WITHOUT PRIOR NOTICE TO OR APPROVA L BY THE 10 BOARD OF TRUST EES. 11 (III) THE BOARD OF TRUSTEES MAY LIMIT TH E INVESTMENT OF 12 A SPECIFIED PORTION OF THE RETIREMENT SA VINGS PLAN TO A CERT AIN TYPE OF 13 PROPERTY . 14 (IV) IF A CONTRACT WITH AN INVESTMENT MANAGER A PPLIES 15 ONLY TO A PORTION OF THE ASSETS OF THE RE TIREMENT SAVINGS PLA N AND 16 SPECIFIES THE TYPE O F PROPERTY TO BE INV ESTED IN , THE MANAGER SHALL 17 ACHIEVE DIVERSIFICAT ION WITHIN THE SPECI FIED CATEGORY OF PRO PERTY , BUT 18 IS NOT RESPONSIBLE FO R DIVERSIFICATION OF INVESTMENTS OF THE E NTIRE 19 RETIREMENT SAVINGS P LAN. 20 (V) THE BOARD OF TRUSTEES MAY DELEGATE TO THE 21 INVESTMENT MANAGER A NY POWER OR DISCRETI ON CONFERRED ON THE BOARD OF 22 TRUSTEES UNDER THIS T ITLE AND MAY PROVIDE THAT THE INVESTMENT MA NAGER 23 SHALL HAVE CUSTODY A ND CONTROL OF CERTAI N ASSETS OF THE RETI REMENT 24 SAVINGS PLAN . 25 (3) (I) THE BOARD OF TRUSTEES SHALL MONITO R THE 26 PERFORMANCE OF ANY I NVESTMENT MANAGER . 27 (II) MONITORING MAY INCLUD E ANY TESTS OR ANALY SES THAT 28 THE BOARD OF TRUSTEES CONSIDERS PR UDENT IN THE CIRCUMS TANCES . 29 (I) THE BOARD OF TRUSTEES SHALL PAY AL L BENEFITS AND EXPEN SES OF 30 THE RETIREMENT SAVIN GS PLAN . 31 33A–504. 32 HOUSE BILL 1064 41 (A) THE STATE EXPECTS TO CONT INUE THE RETIREMENT SAVINGS PLAN , 1 BUT IT ASSUMES NO CO NTR ACTUAL OBLIGATION TO CONTINUE THE PLAN AN D 2 RESERVES THE RIGHT A T ANY TIME FOR ANY R EASON TO AMEND THE R ETIREMENT 3 SAVINGS PLAN . 4 (B) THE RETIREMENT SAVING S PLAN AND ANY RELAT ED TRUST 5 AGREEMENT , INVESTMENT ADVISORY AGREEMENT , CUSTODIAL AGREEMENT , 6 ANNUITY CO NTRACT , OR SIMILAR AGREEMENT MAY BE AMENDED BY TH E STATE AT 7 ANY TIME , EITHER PROSPECTIVELY OR RETROACTIVELY , TO CONFORM TO THE 8 INTERNAL REVENUE CODE. 9 (C) (1) THE STATE HAS ESTABLISHED THE RETIREMENT SAVIN GS PLAN 10 WITH THE EXPECTATION THAT THE STATE WILL B E ABLE TO MAKE CONTR IBUTIONS 11 INDEFINITELY , BUT THE STATE IS NOT UNDER AN Y OBLIGATION TO CONT INUE 12 CONTRIBUTIONS OR MAI NTAIN THE RETIREMENT SAVINGS PLAN FOR ANY LENGTH 13 OF TIME , AND MAY TERMINATE TH E RETIREMENT SAVINGS PLAN . 14 (2) IN THE EVENT OF A TER MINAT ION OF THE RETIREMEN T SAVINGS 15 PLAN , A PARTICIPATING EMPL OYEE WILL BECOME 100% VESTED IN THE MEMBER 16 CONTRIBUTIONS ACCOUN T ON THE EFFECTIVE D ATE OF A TERMINATION OF THE 17 RETIREMENT SAVINGS P LAN. 18 (D) (1) IF A PARTICIPATING EM PLOYER DECIDES TO WI THDRAW OR 19 OTH ERWISE TERMINATE ITS PARTICIPATION IN THE RETIREMENT SAVINGS P LAN, 20 THE PARTICIPATING EM PLOYER MAY NOTIFY TH E BOARD OF TRUSTEES IN WRITING . 21 (2) THE BOARD OF TRUSTEES AND THE APPR OPRIATE OFFICER OF 22 THE WITHDRAWING PART ICIPATING EMPLOYER S HALL AGREE ON A DATE FOR 23 WITHDRAWAL . 24 (3) ANY TRANSFER OF ASSET S PURSUANT TO THE WI THDRAWAL 25 SHALL SATISFY THE RE QUIREMENTS OF THE INTERNAL REVENUE CODE. 26 33A–505. 27 (A) (1) THE RIGHT OF A PARTIC IPATING EMPLOYEE IN THAT 28 PARTICIPATING EMPLOY EE’S ACCOUNT BALANCES O R ANY OTHER RIGHT OR 29 BENEFIT UNDER THIS T ITLE ARE NOT SUBJECT TO EXECUTION , GARNISHMENT , 30 ATTACHMENT , OR ANY OTHER PROCESS , AND ARE NOT ASSIGNAB LE. 31 (2) (I) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , 32 A PORTION OR ALL OF A PARTICIPATING EMPL OYEE’S ACCOUN T BALANCES MAY BE 33 42 HOUSE BILL 1064 PAID TO AN ALTERNATE PAYEE PURSUANT TO A QUALIFIED DOMESTIC R ELATIONS 1 ORDER UNDER THE INTERNAL REVENUE CODE. 2 (II) THE BOARD OF TRUSTEES SHALL ESTABL ISH FORMS AND 3 PROCEDURES TO DETERM INE THE QUALIFIED ST ATUS OF DOMESTIC REL ATIONS 4 ORDE RS AND SHALL DETERMI NE THE FORM AND TIMI NG OF DISTRIBUTIONS 5 PERMISSIBLE UNDER SU CH QUALIFIED ORDERS . 6 (B) ANY PERSON WHO KNOWIN GLY MAKES ANY FALSE STATEMENT OR 7 FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OF THE RETIRE MENT 8 SAVINGS PLAN IN ANY ATTEMPT T O DEFRAUD THE RETIRE MENT SAVINGS PLAN IS 9 SUBJECT TO PUNISHMEN T FOR A CLASS A VIOLATION . 10 (C) (1) IF ANY CHANGE OR ERRO R IN THE RECORDS RES ULTS IN ANY 11 PARTICIPATING EMPLOY EE OR BENEFICIARY RE CEIVING FROM THE RET IREMENT 12 SAVINGS PLAN MORE OR LESS THAN THE PA RTICIPATING EMPLOYEE OR 13 BENEFICIARY IS ENTIT LED TO RECEIVE HAD T HE RECORDS BEEN CORR ECT, THE 14 ERROR SHALL BE CORRE CTED , AND AS FAR AS PRACTI CABLE , THE PAYMENT SHALL 15 BE ADJUSTED IN SUCH MANNER THAT THE AMOU NT OF THE BENEFIT TO WHICH 16 THAT PARTICIPATING E MPLOY EE OR BENEFICIARY WA S CORRECTLY ENTITLED WILL 17 BE PAID . 18 (2) IF ANY PARTICIPATING EMPLOYEE OR BENEFICI ARY HAS 19 RECEIVED ANY PAYMENT FROM THE RETIREMENT SAVINGS PLAN TO WHIC H THE 20 PARTICIPATING EMPLOY EE OR BENEFICIARY IS NOT ENTITLED , THE PARTICIPATING 21 EMPLOYEE OR BENEFICI ARY SHALL REFUND THA T AMOUNT TO THE RETI REMENT 22 SAVINGS PLAN . 23 (D) (1) IF THE BOARD OF TRUSTEES IS UNABLE TO LOCATE A FORMER 24 PARTICIPATING EMPLOY EE OR A BENEFICIARY FOLLOWING A FORMER 25 PARTICIPATING EMPLOY EE’S DEATH OR ATTAINMEN T OF NORM AL RETIREMENT 26 AGE, THE BOARD OF TRUSTEES SHALL TAKE R EASONABLE STEPS TO L OCATE THE 27 FORMER PARTICIPATING EMPLOYEE OR BENEFICI ARY, INCLUDING USING THE 28 RESOURCES AVAILABLE THROUGH THE FEDERAL SOCIAL SECURITY 29 ADMINISTRATION AND TH E INTERNAL REVENUE SERVICE . 30 (2) IF THE BOARD OF TRUSTEES IS UNABLE TO LOCATE THE FORMER 31 PARTICIPATING EMPLOY EE OR BENEFICIARY AF TER MAKING REASONABL E 32 EFFORTS , THE BOARD OF TRUSTEES SHALL , AFTER 5 PLAN YEARS HAVE PASS ED, 33 DISTRIBUTE THE FORME R PARTICIPATING EMPL OYEE’S OR BENEFICIARY ’S 34 ACCOUNT BALANCES TO THE STATE . 35 HOUSE BILL 1064 43 (3) IF THE FORMER PARTICI PATING EMPLOYEE OR B ENEFICIARY 1 RETURNS , SATISFACTORILY PROVE S THE PARTICIPATING EMPLOYEE ’S OR 2 BENEFICIARY ’S IDENTITY , AND REQUESTS THE ACC OUNT BALANCES AFTER THE 3 MONEY HAS ESCHEATED TO THE STATE , THE STATE SHALL MAKE A CO NTRIBUTION 4 TO THE RETIREMENT SA VINGS PLAN AND PAY T HE PARTICIPATING EMP LOYEE OR 5 BENEFICIARY THE ACCO UNT BALANCES TO WHIC H THE PARTICIPATING EMPLOYEE 6 OR BENEFICIARY IS EN TITLED . 7 (E) THE RETIREMENT SAVING S PLAN TRUST FUND SH ALL BE HELD FOR THE 8 EXCLUSIVE PURPOSE OF PROVIDING BENEFITS T O PARTICIPATING EMPL OYEES AND 9 BENEFICIARIES AND DE FRAYING REASONABLE E XPENSES OF ADMINISTE RING THE 10 PLAN AND , EXCEPT AS OTHERWISE PROVIDED UNDER THE INTERNAL REVENUE 11 CODE, NO PART OF THE TRUST FUND SHAL L EVER INURE TO THE BENEFIT OF THE 12 STATE . 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14 1, 2018 . 15
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State Retirement and Pension System - Guaranteed Retirement Income Plan and Retirement Savings Plan
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Establishing the Task Force to Study Law Enforcement Surveillance Technologies for the purpose of reviewing the current and planned use of surveillance technology by law enforcement agencies in the State, including specified matters; requiring State agencies represented to staff the Task Force; requiring the Task Force to submit its findings and recommendations to the Governor and the General Assembly on or before December 5, 2017; etc.
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the purpose of requiring law enforcement agencies in the State to report certain 4 purchases and uses of certain surveillance technology to a certain commissio n; 5 establishing the State Commission on Surveillance Technology and Civil Rights in 6 the Executive Department ; providing for the composition , chair, quorum, meetings, 7 reimbursement, and terms of the Commission; requiring the Office of the Attorney 8 General to provide staffing for the Commission; establishing the purposes and 9 powers of the Commission; requiring all State departments, agencies, and offices and 10 the departments, agencies, and offices of a political subdivision of the State to 11 provide certain info rmation and materials when requested by the Commission ; 12 providing for the Commission’s annual reporting to the General Assembly; defining 13 certain terms ; and generally relating to the State Commission on Surveillance 14 Technology and Civil Rights. 15 BY adding to 16 Article – Public Safety 17 Section 3 –520 18 Annotated Code of Maryland 19 (2011 Replacement Volume and 2016 Supplement) 20 BY adding to 21 Article – State Government 22 Section 9 –3301 to be under the new subtitle “Subtitle 33. State Commission on 23 Surveillance Technology and Civil Rights” 24 Annotated Code of Maryland 25 (2014 Replacement Volume and 2016 Supplement) 26 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 That the Laws of Maryland read as follows: 28 2 HOUSE BILL 1065 Article – Public Safety 1 3–520. 2 (A) IN THIS SECTION , “SURVEILLANCE DEVICE ” MEANS AN ELECTRONIC 3 DEVICE , A SYSTEM , OR A COMPUTER PROGRAM THAT ALLOWS A PERSON TO 4 MONITOR THE ACTIVITI ES OF ANOTHER . 5 (B) ON OR BEFORE APRIL 1 ANNUALLY , EACH LAW ENFORCEMENT A GENCY 6 SHALL REPORT TO THE STATE COMMISSIO N ON SURVEILLANCE TECHNOLOGY AND 7 CIVIL RIGHTS , IN ACCORDANCE WITH § 9–3301 OF THE STATE GOVERNMENT 8 ARTICLE : 9 (1) (I) THE MANUFACTURER AND MODEL NUMBER OF EACH 10 SURVEILLANCE DEVICE PURCHASED OR ACQUIRE D BY THE LAW ENFORCEME NT 11 AGENCY IN THE CALENDAR YEAR PRECEDING THE YEAR IN WHICH THE LA W 12 ENFORCEMENT AGENCY I S REPORTING ; AND 13 (II) THE MANUFACTURER AND MODEL NUM BER OF EACH 14 SURVEILLANCE DEVICE THAT THE LAW ENFORCE MENT AGENCY USED TO PERFORM 15 SURVEILLANCE OR INFO RMATION –GATHERING ACTIV ITIES IN THE CALENDA R YEAR 16 PRECEDING THE YEAR I N WHICH THE LAW ENFO RCEMENT AGENCY IS RE PORTING ; 17 AND 18 (2) A SUMMARY OF THE TEC HNICAL SPECIFICATION S FOR EACH 19 DEVICE AND PROGRAM R EPORTED BY THE LAW E NFORCEMENT AGENCY UN DER 20 PARAGRAPH (1) OF THIS SUB SECTION . 21 Article – State Government 22 SUBTITLE 33. STATE COMMISSION ON SURVEILLANCE TECHNOLOGY AND CIVIL 23 RIGHTS . 24 9–3301 . 25 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 26 INDICATED . 27 (2) “COMMISSION ” MEANS THE STATE COMMISSION ON 28 SURVEILLANCE TECHNOLOGY AND CIVIL RIGHTS . 29 HOUSE BILL 1065 3 (3) “SURVEILLANCE DEVICE” MEANS AN ELECTRONIC DEVICE , A 1 SYSTEM , OR A COMPUTER PROGRAM THAT ALLOWS A PERSON TO MONITOR THE 2 ACTIVITIES OF ANOTHE R. 3 (B) THERE IS A STATE COMMISSION ON SURVEILLANCE TECHNOLOGY AND 4 CIVIL RIGHTS IN THE EXECUTIVE DEPARTMENT . 5 (C) THE COMMISSION CONSISTS O F THE FOLLOWING MEMBER S: 6 (1) TWO MEMBERS OF THE SENATE OF MARYLAND , APPOINTED BY 7 THE PRESIDENT OF THE SENATE ; 8 (2) TWO MEMBERS OF THE HOUSE OF DELEGATES , APPOINTED BY 9 THE SPEAKER OF THE HOUSE ; 10 (3) ONE REPRESENTATIVE O F THE AMERICAN CIVIL LIBERTIES 11 UNION , APPOINTED BY THE PUBLIC DEFENDER ; 12 (4) ONE REPRESENTATIVE O F THE ELECTRONIC PRIVACY 13 INFORMATION CENTER , APPOINTED BY THE PUBLIC DEFENDER ; 14 (5) ONE REPRESENTATIVE O F LOCAL GOVERNMENT , APPOINTED BY 15 THE EXECUTIVE DIRECTOR OF THE MARYLAND ASSOCIATION OF COUNTIES ; 16 (6) THE ATTORNEY GENERAL , OR THE ATTORNEY GENERAL ’S 17 DESIGNEE ; 18 (7) THE PUBLIC DEFENDER , OR THE PUBLIC DEFENDER ’S 19 DESIGNEE ; 20 (8) THE SECRETARY OF STATE POLICE , OR THE SECRETARY ’S 21 DESIGNEE ; AND 22 (9) THE EXECUTIVE DIRECTOR OF THE GOVERNOR ’S OFFICE OF 23 CRIME CONTROL AND PREVENTION , OR TH E EXECUTIVE DIRECTOR ’S DESIGNEE . 24 (D) THE COMMISSION SHALL ELEC T A CHAIR AT ITS FIRST MEETING IN 25 EACH CALENDAR YEAR . 26 (E) (1) A MAJORITY OF THE AUTH ORIZED MEMBERSHIP OF THE 27 COMMISSION IS A QUORU M. 28 4 HOUSE BILL 1065 (2) THE COMMISSION SHALL MEET AT LEAST QUARTERLY E ACH YEAR 1 AT THE TIMES AND PLA CES DETERM INED BY THE COMMISSION OR THE CHAIR . 2 (3) A MEMBER OF THE COMMISSION : 3 (I) MAY NOT RECEIVE COMP ENSATION FOR SERVICE ON THE 4 COMMISSION ; BUT 5 (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 6 THE STANDARD STATE TRAVEL REGULATIONS , AS PROVIDED IN T HE STATE 7 BUDGET . 8 (F) (1) THE T ERM OF AN APPOINTED MEMBER OF THE COMMISSION IS 4 9 YEARS . 10 (2) THE TERMS FOR APPOINTED MEMBERS OF THE COMMISSION ARE 11 STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR APPOINTED MEMBERS OF 12 THE COMMISSION ON OCTOBER 1, 2017. 13 (G) THE OFFICE OF THE ATTORNEY GENERAL SHALL PROVIDE FOR TH E 14 STAFFING OF THE COMMISSION . 15 (H) THE PURPOSE S OF THE COMMISSION ARE TO: 16 (1) STUDY AND EVALUA TE THE USE S OF SURVEILLANCE DEVICES 17 DISCLOSED BY LAW ENF ORCEMENT AGENCIES IN THE STATE UNDER § 3–520 OF THE 18 PUBLIC SAFETY ARTICLE ; 19 (2) EVALUATE THE POTENTIAL IMPACT OF THE SURVEILLANCE 20 DEVICES THAT THE COMMISSION STUDIES AND EVALUATE S ON THE SECURITY AND 21 CIVIL RIG HTS OF INDIVIDUALS I N THE STATE ; AND 22 (3) MAKE RECOMMENDATIONS TO LAW ENFORCEMENT A GENCIES IN 23 THE STATE FOR BEST PRACTICES I N THE USE OF SURVEIL LANCE DEVICES BASED ON 24 THE COMMISSION ’S FINDINGS . 25 (I) IN ORDER FOR THE COMMISSION TO CARRY O UT ITS PURPOSE S, THE 26 COMMISSION MAY : 27 (1) REQUEST AND RECEIVE INFORMATION , DOCUMENTS , DATA , 28 REPORTS , PAPERS , OR OTHER MATERIAL RE LEVANT TO ACCOMPLISH ING THE 29 COMMISSION ’S PURPOSES ; 30 HOUSE BILL 1065 5 (2) HOLD HEARINGS FOR TH E PURPOSE OF RECEIVING TESTIMONY 1 AND EVIDENCE FROM AN Y INDIVIDUAL ; 2 (3) INTERVIEW OR TAKE ST ATEMENTS FROM PERSON NEL EMPLOY ED 3 BY OR CONTRACTED WIT H THE STATE OR ANY POLITICA L SUBDIVISION OF THE 4 STATE ; 5 (4) ADMINISTER OATHS ; AND 6 (5) ISSUE SUBPOENAS FOR THE ATTENDANCE OF WI TNESSES TO 7 TESTIFY OR TO PRODUC E OTHER EVIDENCE . 8 (J) (1) A SUBPOENA ISSUED UNDE R THIS SECTION MAY B E ENFORCED 9 JUDICIALLY . 10 (2) EACH DEPARTMENT , AGENCY , OR OFFICE OF THE STATE AND 11 EACH DEPARTMENT , AGENCY , OR OFFICE OF A POLITICAL SUBDIVIS ION OF THE 12 STATE SHALL PROVIDE THE COMMISSION WITH ALL INFORMATION , DOCUMENTS , 13 DATA , REPORTS , PAPERS , OR OTHER MATERIAL RELEVANT TO A REQUEST MADE BY 14 THE COMMISSION UNDER THIS SECTION . 15 (K) THE COMMISSION SHALL DEVE LOP A SYSTEM BY WHIC H LAW 16 ENFORCEMENT AGENCIES REPORT TO THE COMMISSION ON THE PUR CHASE AND 17 USE OF SURVEILLANCE DEVICES IN THE STATE . 18 (L) ON OR BEFORE JULY 1 ANNUALLY , THE COMMISSION SHALL REPORT 19 ITS FINDINGS AND PROVIDE A SUMMAR Y OF ALL OF THE PURCHASES AND USES OF 20 SURVEILLANCE DEVICES REPORTED BY LAW ENFORCEMENT U NDER § 3–520 OF THE 21 PUBLIC SAFETY ARTICLE AND RECOMMENDATIONS THAT THE COMMISSION HAS 22 MADE TO LAW ENFORCEM ENT AGENCIES IN THE PRECEDING CALENDAR YEAR TO 23 THE GENERAL ASSEMBLY IN ACCORDANCE WITH § 2–1246 OF THIS ARTICLE . 24 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 25 appointed members of the State Commission on Surveillance Technology and Civil Rights 26 shall expire as follows: 27 (1) one member in 2018; 28 (2) two members in 2019; 29 (3) three members in 2020; and 30 (4) one member in 2021. 31 6 HOUSE BILL 1065 SECTIO N 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2017. 2
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Task Force to Study Law Enforcement Surveillance Technologies
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Requiring the State Superintendent of Schools to require each county superintendent of schools to hold fire drills in each public school in accordance with the State Fire Prevention Code.
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the purpose of requiring the State Superintendent of Schools to require certain county 3 superintendents of schools to hold fire drills in each public school in accordance with 4 the State Fire Prevention Code; and generally relating to fire drills in public schools. 5 BY repealing and reenacting, with amendments, 6 Article – Education 7 Section 7 –408 8 Annotated Code of Maryland 9 (2014 Replacement Volume and 2016 Supplement) 10 BY repealing and reenacting, without amendments, 11 Article – Public Safety 12 Section 6 –206(a)(1) and (d) 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 – Education 18 7–408. 19 (a) The State Superintendent shall require each county superintendent to hold a 20 fire drill in each public school [at least 10 times each school year and at least once every 60 21 days] IN ACCORDANCE WITH THE STATE FIRE PREVENTION CODE ESTABLISHED 22 UNDER § 6–206 OF THE PUBLIC SAFETY ARTICLE . 23 2 HOUSE BILL 1066 (b) Each public school shall: 1 (1) Keep records of these fire drills; and 2 (2) Send a copy to the county superintendent. 3 Article – Public Safety 4 6–206. 5 (a) (1) (i) To protect life and property from the hazards of fire and 6 explosion, the Commission shall adopt comprehensive regulations as a State Fire 7 Prevention Code. 8 (ii) The State Fire Prevention Code shall comply with standard safe 9 practic e as embodied in widely recognized standards of good practice for fire prevention and 10 fire protection. 11 (iii) The State Fire Prevention Code has the force and effect of law in 12 the political subdivisions of the State. 13 (d) (1) The State Fire Prevention Code establishes the minimum requirements 14 to protect life and property from the hazards of fire and explosion. 15 (2) If a State or local law or regulation is more stringent than the State 16 Fire Prevention Code, the more stringent law or regulation governs if the more stringent 17 law or regulation is: 18 (i) not inconsistent with the State Fire Prevention Code; and 19 (ii) not contrary to recognized standards and good engineering 20 practices. 21 (3) If there is a question whether a State or local law or regula tion governs, 22 the decision of the Commission determines: 23 (i) which law or regulation governs; and 24 (ii) whether State and local officials have complied with the State 25 Fire Prevention Code. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 October 1, 2017. 28
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Education - Fire Drill Requirements - State Fire Prevention Code
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Requiring the Department of Human Resources to make available to specified entities specified supplies of feminine hygiene products for female residents in shelters and specified homeless female students; requiring, alternatively, if a specified contingency is met, the Department of Housing and Community Development to make available to specified entities supplies of feminine hygiene products for female residents in shelters and homeless female students; requiring specified products to be made available in a specified manner; etc.
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the purpose of requiring the Department of Human Resources to make available to 3 local administering agencies for certain service providers and to c ertain service 4 providers a certain supply of feminine hygiene products for a certain purpose; 5 providing that certain feminine hygiene products be m ade available to certain 6 entities and to female residents in shelters for free; defining certain terms; and 7 generally relating to feminine hygiene products and shelter services for homeless 8 women. 9 BY adding to 10 Article – Human Services 11 Section 6 –441 to be under the new part “Part V. Homeless Women – Feminine 12 Hygiene Products ” 13 Annotated Code of Maryland 14 (2007 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 – Human Services 18 6–439. RESERVED . 19 6–440. RESERVED . 20 PART V. HOMELESS WOMEN – FEMININE HYGIENE PRODUCTS . 21 6–441. 22 2 HOUSE BILL 1067 (A) (1) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 1 INDICATED . 2 (2) “FEMININE HYGIENE PROD UCTS” MEANS TAMPONS AND 3 SANITARY NAPKINS FOR USE IN C ONNECTION WITH THE M ENSTRUAL CYCLE . 4 (3) “LOCAL ADMINISTERING AGENCY ” MEANS THE AGENCY 5 DESIGNATED BY THE DEPARTMENT OR A LOCAL GOVERNMENT TO MANAGE THE 6 PROGRAMS FOR TRANSITIONAL HOUSING SERVICES , INCLUDING THE HOMELESS 7 WOMEN – CRISIS SHELTER HOME PROGRAM , AND TO PROVIDE A SER VICE 8 DIRECTLY OR BY CONTR ACT WITH A SERVIC E PROVIDER . 9 (4) “SERVICE PROVIDER ” MEANS A PUBLIC OR PRIVATE NONPROFIT 10 THAT CONTRACTS WITH THE DEPARTMENT OR A LOCAL ADMINISTERING AGENCY TO 11 PROVIDE SHELTER SERV ICES FOR HOMELESS IN DIVIDUALS . 12 (B) (1) THE DEPARTMENT SHALL MAKE AVAILABLE TO LOCAL 13 ADMINISTERING AGENCI ES FOR SERVICE PROVIDER S AND TO SERVICE PROVIDERS 14 A SUPPLY OF FEMININE HYGIENE PRODUCTS SUFFICIENT TO MEET T HE NEEDS OF 15 FEMALE RESIDENTS IN SHELTERS . 16 (2) THE FEMININE HYGIENE PRODUCTS PROVIDED UN DER 17 PARAGRAPH (1) OF THIS SUB SECTION SHALL BE MAD E AVAILABLE TO LOCAL 18 ADMINISTERING AGENCI ES FOR SERVICE PROVI DERS , TO SERVICE PROVIDERS , AND 19 TO FEMALE RESIDENTS IN SHELTERS FOR FREE . 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 October 1, 2017. 22
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Public Schools and Shelters - Homeless Girls and Women - Feminine Hygiene Products
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Establishing a pilot program to examine the testing of oral fluid samples by specified police officers to assist in determining if an individual is operating a motor vehicle while impaired by a controlled dangerous substance; authorizing a police officer in a participating jurisdiction who has reasonable grounds to believe that an individual is or has been driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance to request the individual to provide an oral fluid sample; etc.
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the purpose of establishing a pilot program to examine the testing of oral fluid samples 3 by certain police officers to assist in determining if an individual is operatin g a motor 4 vehicle while impaired by a controlled dangerous substance; requiring the State 5 Coordinator for the Drug Recognition Expert Program to select local jurisdictions for 6 participation in the pilot program based on certain criteria; authorizing a poli ce 7 officer in a participating jurisdiction who has reasonable grounds to believe that an 8 individual is or has been driving or attempting to drive a motor vehicle while 9 impaired by a controlled dangerous substance to request the individual to provide a 10 certain oral fluid sample; requiring a police officer who requests an oral fluid sample 11 to advise the individual of certain matters related to subsequent blood tests; 12 prohibiting a police officer from using the results of an oral fluid test for certain 13 purpose s; prohibiting the use of the results of an oral fluid test as evidence in any 14 court action; providing that the provision of or refusal to provide an oral fluid sample 15 is not admissible as evidence in any court action; prohibiting the use of any evidence 16 pertaining to an oral fluid test in a civil action; establishing that refusal to provide 17 an oral fluid sample does not constitute a certain violation; establishing that 18 submission to an oral fluid test does not relieve the individual of certain obligations; 19 requiring the State Coordinator, in consultation with certain entities, to submit 20 certain reports to the General Assembly by a certain date; defining the term “oral 21 fluid test”; providing for the termination of certain provisions of this Act; making 22 certa in stylistic changes; and generally relating to the pilot program to examine the 23 testing of oral fluid samples by police officers to detect the presence of a controlled 24 dangerous substance. 25 BY repealing and reenacting, with amendments, 26 Article – Transp ortation 27 Section 16 –205.2 28 Annotated Code of Maryland 29 (2012 Replacement Volume and 2016 Supplement) 30 2 HOUSE BILL 1068 BY adding to 1 Article – Transportation 2 Section 16 –205.3 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 – Transportation 8 16–205.2. 9 (a) A police officer who has reasonable grounds to believe that an individual is or 10 has been driving or attempting to drive a mot or vehicle while under the influence of alcohol 11 or while impaired by alcohol may, without making an arrest and prior to the issuance of a 12 citation, request the individual to submit to a preliminary breath test to be administered 13 by the officer using a devi ce approved by the State Toxicologist. 14 (b) The police officer requesting the preliminary breath test shall advise the 15 person to be tested that neither a refusal to take the test nor the taking of the test shall 16 prevent or require a subsequent chemical te st pursuant to § 16 –205.1 of this subtitle. 17 (c) (1) The results of the preliminary breath test [shall]: 18 (I) SHALL be used as a guide for the police officer in deciding 19 whether an arrest should be made [and may ]; 20 (II) MAY not be used as evidence by the State in any court action [. 21 The results of the preliminary breath test may ]; AND 22 (III) MAY be used as evidence by a defendant in a court action. 23 (2) The taking of or refusal to submit to a preliminary breath test is not 24 admissible in evidence in any court action. 25 (3) Any evidence pertaining to a preliminary breath test may not be used 26 in a civil action. 27 (d) Refusal to submit to a preliminary brea th test shall not constitute a violation 28 of § 16 –205.1 of this subtitle and the taking of a preliminary breath test shall not relieve 29 the individual of the obligation to take the test required under § 16 –205.1 of this subtitle if 30 requested to do so by the police officer. 31 16–205.3. 32 HOUSE BILL 1068 3 (A) “ORAL FLUID TEST ” MEANS THE TESTING OF THE ORAL FLUID OF A 1 DRIVER WHO IS THE SU BJECT OF A TRAFFIC S TOP FOR THE PURPOSE OF DETECTING 2 THE PRESENCE OF A CO NTROLLED DANGEROUS S UBSTANCE . 3 (B) THERE IS A PILOT PROG RAM TO EXAMIN E THE TESTING OF ORA L FLUID 4 SAMPLES BY POLICE OF FICERS WHO ARE CERTI FIED AS DRUG RECOGNI TION 5 EXPERTS TO ASSIST IN DETERMINING IF AN IN DIVIDUAL IS OPERATIN G A MOTOR 6 VEHICLE WHILE IMPAIR ED BY A CONTROLLED D ANGEROUS SUBSTANCE . 7 (C) THE PILOT PROGRAM SHA LL TA KE PLACE IN LOCAL JU RISDICTIONS IN 8 THE STATE THAT APPLY TO P ARTICIPATE IN THE PI LOT PROGRAM AND ARE 9 SELECTED BY THE STATE COORDINATOR FOR THE DRUG RECOGNITION EXPERT 10 PROGRAM BASED ON : 11 (1) THE NUMBER OF BLOOD T ESTS ADMINISTERED IN THE 12 JURISDICTION THAT S HOW THE PRESENCE OF A CONTROLLED DANGERO US 13 SUBSTANCE ; 14 (2) THE AVAILABILITY IN T HE JURISDICTION OF P OLICE OFFICERS 15 WHO ARE CERTIFIED AS DRUG RECOGNITION EXP ERTS ; AND 16 (3) THE AVAILABILITY OF O RAL FLUID TESTING DE VICES . 17 (D) A POLICE OFFICER IN A PARTI CIPATING JURISDICTIO N WHO HAS 18 REASONABLE GROUNDS T O BELIEVE THAT AN IN DIVIDUAL IS OR HAS B EEN DRIVING 19 OR ATTEMPTING TO DRI VE A MOTOR VEHICLE W HILE THE INDIVIDUAL IS IMPAIRED 20 BY A CONTROLLED DANG EROUS SUBSTANCE MAY REQUEST THE INDIVIDU AL TO 21 PROVIDE AN ORAL FLUID SAMPLE TO BE T ESTED BY A POLICE OF FICER CERTIFIED 22 AS A DRUG RECOGNITIO N EXPERT . 23 (E) THE POLICE OFFICER RE QUESTING THE ORAL FL UID SAMPLE SHALL 24 ADVISE THE INDIVIDUA L TO BE TESTED THAT NEITHER PROVIDING TH E SAMPLE 25 NOR REFUSING TO PROV IDE THE SAMPLE SH ALL PREVENT OR REQUI RE A 26 SUBSEQUENT BLOOD TES T UNDER § 16–205.1 OF THIS SUBTITLE . 27 (F) (1) THE RESULTS OF THE OR AL FLUID TEST MAY NO T BE USED AS : 28 (I) A GUIDE FOR A POLICE O FFICER IN DECIDING W HETHER 29 CHARGES SHOULD BE FI LED; OR 30 (II) EVIDENCE IN ANY COURT ACTION . 31 4 HOUSE BILL 1068 (2) PROVIDING OR REFUSING TO PROVIDE AN ORAL F LUID SAMPLE IS 1 NOT ADMISSIBLE IN EV IDENCE IN ANY COURT ACTION . 2 (3) NO EVIDENCE PERTAININ G TO AN ORAL FLUID T EST MAY BE USED 3 IN A CIVIL ACTION . 4 (G) REFUSAL TO PROVIDE AN ORAL FLUID SAMPLE SHALL NOT CONSTITUTE 5 A VIOLATION OF § 16–205.1 OF THIS SUBTITLE AND PROVIDING AN ORAL FL UID 6 SAMPLE SHALL NOT REL IEVE THE INDIVIDUAL OF THE OBLIGATION TO TAKE THE 7 BLOOD TEST REQUIRED UNDER § 16–205.1 OF THIS SUBTITLE IF REQUESTED TO DO 8 SO BY THE POLICE OFF ICER. 9 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 10 2019, the State Coordinator for the Drug Recognition Expert Program, in consultation with 11 the Montgomery County Department of Police and the Center for Forensic Science 12 Research an d Education, shall submit, in accordance with § 2 –1246 of the State 13 Government Article, a report to the General Assembly for the period from October 1, 2017, 14 through September 30, 2019, stating: 15 (1) the local jurisdictions that participated in the pilot program; 16 (2) the number of traffic stops that later resulted in a police officer 17 requesting an oral fluid sample from an individual; 18 (3) (i) the number of individuals charged after a positive oral fluid test 19 who subsequently received a positive bloo d test for the presence of a controlled dangerous 20 substance; and 21 (ii) the number of individuals charged after a positive oral fluid test 22 who subsequently received a positive oral fluid laboratory confirmation test for the presence 23 of a controlled dange rous substance; 24 (4) (i) the number of individuals charged after a negative oral fluid test 25 who subsequently received a positive blood test for the presence of a controlled dangerous 26 substance; and 27 (ii) the number of individuals charged after a negat ive oral fluid test 28 who subsequently received a positive oral fluid laboratory confirmation test for the presence 29 of a controlled dangerous substance; 30 (5) the number of individuals charged after a negative oral fluid test who 31 subsequently received a negative blood or oral fluid laboratory confirmation test for the 32 presence of a controlled dangerous substance; and 33 HOUSE BILL 1068 5 (6) the final disposition of matters, and the number of pending matters, for 1 which an individual was charged with driving while impaired by a controlled dangerous 2 substance after an oral fluid test was used on the individual. 3 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2017. Section 1 of this Act shall remain effective for a period of 2 years and, at 5 the end of September 30, 2019, with no further action required by the General Assembly, 6 Section 1 of this Act shall be abrogated and of no further force and effect. 7
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Drugged Driving - Oral Fluid Tests - Pilot Program
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Altering the calculation of the required funding amount for community colleges including the Baltimore City Community College in specified fiscal years.
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the purpose of altering the calculation of the required funding amount for community 3 colleges including the Baltimore City Community College in certain fiscal years; and 4 generally relating to the funding of community colleges. 5 BY repealing and reenacting, without amendments, 6 Article – Education 7 Section 16 –305(a) 8 Annotated Code of Maryland 9 (2014 Replacement Volume and 2016 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – Education 12 Section 16 –305(c)(1)(i) and 16 –512(a)(1) 13 Annotated Code of Maryland 14 (2014 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 – Education 18 16–305. 19 (a) The formula used for the distribution of funds to the community colleges in 20 the State shall be known as the Senator John A. Cade Funding Formula. 21 2 HOUSE BILL 1069 (c) (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this 1 paragraph, the total State operating fund per full –time equivalent student to the 2 community colleges for each fiscal year as requested by the Governor shall be: 3 1. [In fiscal year 2009, not less than an amount equal to 4 26.25% of the State’s General Fund appropriation per full –time equivalent student to the 5 4–year public institutions of higher education in the State as designated by the Commission 6 for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this 7 article in the previous fiscal year; 8 2. In fiscal year 2010, not less than an amount equal to 23.6% 9 of the State’s Gen eral Fund appropriation per full –time equivalent student to the 4 –year 10 public institutions of higher education in the State as designated by the Commission for 11 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 12 in the same fiscal year; 13 3. In fiscal year 2011, not less than an amount equal to 21.8% 14 of the State’s General Fund appropriation per full –time equivalent student to the 4 –year 15 public institutions of higher education in the State as designated by the Commission for 16 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 17 in the same fiscal year; 18 4.] In fiscal year 2012, not less than an amount equal to 20% 19 of the State’s General Fund appropriation per full –time e quivalent student to the 4 –year 20 public institutions of higher education in the State as designated by the Commission for 21 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 22 in the same fiscal year; 23 [5.] 2. In fiscal year 2014, an amount that is the greater of 24 19.7% of the State’s General Fund appropriation per full –time equivalent student to the 25 4–year public institutions of higher education in the State as designated by the Commission 26 for the purpose of admini stering the Joseph A. Sellinger Program under Title 17 of this 27 article in the same fiscal year or $1,839.47 per full –time equivalent student; 28 [6.] 3. In fiscal year 2015, an amount that is the greater of 29 19.7% of the State’s General Fund appropriatio n per full –time equivalent student to the 30 4–year public institutions of higher education in the State as designated by the Commission 31 for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this 32 article in the same fiscal year o r $1,839.47 per full –time equivalent student; 33 [7.] 4. In fiscal year 2017, not less than an amount equal 34 to 20.5% of the State’s General Fund appropriation per full –time equivalent student to the 35 4–year public institutions of higher education in the State as designated by the Commission 36 for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this 37 article in the same fiscal year; 38 HOUSE BILL 1069 3 [8.] 5. In fiscal year 2018, not less than an amount equal 1 to 21.0% of the State’s General Fund appropriation per full –time equivalent student to the 2 4–year public institutions of higher education in the State as designated by the Commission 3 for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this 4 article in the sa me fiscal year; 5 [9.] 6. In fiscal year 2019, not less than an amount equal 6 to [22.0% ] 24.5% of the State’s General Fund appropriation per full –time equivalent 7 student to the 4 –year public institutions of higher education in the State as designated by 8 the Commission for the purpose of administering the Joseph A. Sellinger Program under 9 Title 17 o f this article in the same fiscal year; 10 [10.] 7. In fiscal year 2020, not less than an amount equal 11 to [23%] 27% of the State’s General Fund appropriation per full –time equivalent student 12 to the 4 –year public institutions of higher education in the S tate as designated by the 13 Commission for the purpose of administering the Joseph A. Sellinger Program under Title 14 17 of this article in the same fiscal year; AND 15 [11.] 8. In fiscal year 2021 AND EACH FISCAL YEAR 16 THEREAFTER , not less than an amount equ al to [25%] 29% of the State’s General Fund 17 appropriation per full –time equivalent student to the 4 –year public institutions of higher 18 education in the State as designated by the Commission for the purpose of administering 19 the Joseph A. Sellinger Program u nder Title 17 of this article in the same fiscal year [; 20 12. In fiscal year 2022, not less than an amount equal to 27% 21 of the State’s General Fund appropriation per full –time equivalent student to the 4 –year 22 public institutions of higher education in t he State as designated by the Commission for 23 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 24 in the same fiscal year; and 25 13. In fiscal year 2023 and each fiscal year thereafter, not less 26 than an amount equa l to 29% of the State’s General Fund appropriation per full –time 27 equivalent student to the 4 –year public institutions of higher education in the State as 28 designated by the Commission for the purpose of administering the Joseph A. Sellinger 29 Program under Ti tle 17 of this article in the same fiscal year ]. 30 16–512. 31 (a) (1) The total State operating fund per full –time equivalent student 32 appropriated to Baltimore City Community College for each fiscal year other than fiscal 33 year 2013, as requested by the Gover nor shall be: 34 (i) [In fiscal year 2009, not less than an amount equal to 67.25% of 35 the State’s General Fund appropriation per full –time equivalent student to the 4 –year 36 public institutions of higher education in the State as designated by the Commissio n for 37 4 HOUSE BILL 1069 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 1 in the previous fiscal year; 2 (ii) In fiscal year 2010, not less than an amount equal to 65.1% of the 3 State’s General Fund appropriation per full –time equivalent student to the 4 –year public 4 institutions of higher education in the State as designated by the Commission for the 5 purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in 6 the same fiscal year; 7 (iii) In fisc al year 2011, not less than an amount equal to 65.5% of the 8 State’s General Fund appropriation per full –time equivalent student to the 4 –year public 9 institutions of higher education in the State as designated by the Commission for the 10 purpose of administer ing the Joseph A. Sellinger Program under Title 17 of this article in 11 the same fiscal year; 12 (iv)] In fiscal year 2012, not less than an amount equal to 63% of the 13 State’s General Fund appropriation per full –time equivalent student to the 4 –year public 14 institutions of higher education in the State as designated by the Commission for the 15 purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in 16 the same fiscal year; 17 [(v)] (II) In fiscal year 2014, an amount that is the greater of 61% 18 of the State’s General Fund appropriation per full –time equivalent student to the 4 –year 19 public institutions of higher education in the State as designated by the Commission for 20 the purpose of administering the Joseph A. Sellinger Program u nder Title 17 of this article 21 in the same fiscal year or $5,695.63 per full –time equivalent student; 22 [(vi)] (III) In fiscal year 2015, an amount that is the greater of 61% 23 of the State’s General Fund appropriation per full –time equivalent student to th e 4–year 24 public institutions of higher education in the State as designated by the Commission for 25 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 26 in the same fiscal year or $5,695.63 per full –time equivalent stud ent; 27 [(vii)] (IV) In fiscal year 2016, an amount that is the greater of 58% 28 of the State’s General Fund appropriation per full –time equivalent student to the 4 –year 29 public institutions of higher education in the State as designated by the Commission fo r 30 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 31 in the same fiscal year or $5,695.63 per full –time equivalent student; 32 [(viii)] (V) In fiscal year 2017, an amount that is the greater of 58% 33 of the State’s G eneral Fund appropriation per full –time equivalent student to the 4 –year 34 public institutions of higher education in the State as designated by the Commission for 35 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 36 in the same fiscal year or $5,695.63 per full –time equivalent student; 37 HOUSE BILL 1069 5 [(ix)] (VI) In fiscal year 2018, not less than an amount equal to 60% 1 of the State’s General Fund appropriation per full –time equivalent student to the 4 –year 2 public institutions of higher education in the State as designated by the Commission for 3 the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article 4 in the same fiscal year; 5 [(x)] (VII) In fiscal year 2019, not less than an amount equal to [61%] 6 63.5% of the State’s General Fund appropriation per full –time equivalent student to the 7 4–year public institutions of higher education in th e State as designated by the Commission 8 for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this 9 article in the same fiscal year; 10 [(xi)] (VIII) In fiscal year 2020, not less than an amount equal to 11 [62.5% ] 66% of the Sta te’s General Fund appropriation per full –time equivalent student 12 to the 4 –year public institutions of higher education in the State as designated by the 13 Commission for the purpose of administering the Joseph A. Sellinger Program under Title 14 17 of this arti cle in the same fiscal year; AND 15 [(xii)] (IX) In fiscal year 2021 AND EACH FISCAL YEAR 16 THEREAFTER , not less than an amount equal to [64.5% ] 68.5% of the State’s General 17 Fund appropriation per full –time equivalent student to the 4 –year public institutio ns of 18 higher education in the State as designated by the Commission for the purpose of 19 administering the Joseph A. Sellinger Program under Title 17 of this article in the same 20 fiscal year [; 21 (xiii) In fiscal year 2022, not less than an amount equal to 6 6.5% of the 22 State’s General Fund appropriation per full –time equivalent student to the 4 –year public 23 institutions of higher education in the State as designated by the Commission for the 24 purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in 25 the same fiscal year; and 26 (xiv) In fiscal year 2023 and each fiscal year thereafter, not less than 27 an amount equal to 68.5% of the State’s General Fund appropriation per full –time 28 equivalent student to the 4 –year public institutio ns of higher education in the State as 29 designated by the Commission for the purpose of administering the Joseph A. Sellinger 30 Program under Title 17 of this article in the same fiscal year ]. 31 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32 1, 2017. 33
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Higher Education - Community Colleges - Funding
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Authorizing the Department of Housing and Community Development to provide funding under specified programs for a growth-related project not in a priority funding area without receiving approval from the Board of Public Works for the construction or purchase of newly constructed single-family homes if the Department determines that the cost of compliance with building and fire codes makes it difficult for a low- or moderate-income family to purchase a newly constructed single-family home.
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the purpose of authorizing the Department of Housing and Community Development 4 to provide funding under certain programs for a growth –related project not in a 5 priority funding area without receiving approval from the Board of Public Works for 6 the construction or purchas e of newly constructed single –family home s or the 7 purchase of loans for newly constructed single –family homes if the Department 8 makes a certain determination regarding the cost of compliance with building and 9 fire codes; and generally relating to funding f rom the Department of Housing and 10 Community Development for newly constructed single –family homes. 11 BY repealing and reenacting, with amendments, 12 Article – State Finance and Procurement 13 Section 5–7B–06 14 Annotated Code of Maryland 15 (2015 Replacement 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 – State Finance and Procurement 19 5–7B–06. 20 (a) [The] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , THE 21 State may provide funding for a growth –related project not in a priority funding area 22 without receiving approval from the Board of Public Works as provided under § 5 –7B–05 23 of this subtitle for: 24 2 HOUSE BILL 107 (1) a project that is required to protect public health or safety; 1 (2) a project involving federal funds, to the extent compliance with this 2 subtitle would conflict or be inconsistent with federal law; or 3 (3) a growth –related project related to a commercial or industrial activity 4 which, due to its operation al or physical characteristics, shall be located away from other 5 development, including: 6 (i) a natural resource based industry; 7 (ii) an industry relating to: 8 1. agricultural operations, as defined in § 7 –101 of the Labor 9 and Employment Article ; 10 2. forestry activities; or 11 3. mineral extraction; 12 (iii) an industry that is proximate to: 13 1. an airport facility; 14 2. a port facility; 15 3. a railroad facility; 16 4. a transit facility; or 17 5. a major highway interchange; or 18 (iv) a tourism facility or museum that is required to be located away 19 from other development due to necessary proximity to specific historic, natural, or cultural 20 resources. 21 (b) A procedure for notification, review, and comment on exceptions prop osed 22 under [this section ] SUBSECTION (A) OF THIS SECTION shall be established jointly by the 23 applicable State agency and the Department of Planning. 24 (C) THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MAY 25 PROVIDE FUNDING UNDER TITLE 4, SUBTITLE 2 OR SUBTITLE 3 OF THE HOUSING 26 AND COMMUNITY DEVELOPMENT ARTICLE FOR A GROWTH –RELATED PROJECT NOT 27 IN A PRIORITY FUNDIN G AREA WITHOUT RECEI VING APPROVAL FROM T HE BOARD 28 OF PUBLIC WORKS AS PROVIDED UND ER § 5–7B–05 OF THIS SUBTITLE FOR THE 29 HOUSE BILL 107 3 CONSTRUCTION OR PURC HASE OF NEWLY CONSTRUCTED SINGLE–FAMILY HOMES 1 OR THE PURCHASE OF LOA NS FOR NEWLY CONSTRU CTED SINGLE –FAMILY HOMES IF 2 THE DEPARTMENT DETERMINES THAT THE COST OF COMPLIAN CE WITH BUILDING 3 AND FIRE CODES MAKES IT DIFFICULT FOR A LOW– OR MODERATE –INCOME FAMILY 4 TO PURCHASE A NEWLY CONSTRUCTED SINGLE–FAMILY HOME . 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2017. 7
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Department of Housing and Community Development - Funding for Newly Constructed Single-Family Homes
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Requiring the Department of the Environment to study, identify, and make recommendations regarding specified matters that relate to the end-of-life management of mattresses in the State; requiring the Department to consult with specified State agencies and specified persons in carrying out specified activities; and requiring the Department to report its findings and recommendations to the Governor and to specified committees of the General Assembly on or before December 31, 2017.
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the purpose of requiring the Department of the Environment to study , identify, and 4 make recommendations regarding certain matters that relate t o the 5 end–of–life management of mattresses in the State ; requiring the Department to 6 consult with certain State agencies and certain persons in carrying out certain 7 activities; requiring the Department to report its findings and recommendations to 8 the Governor and certain committees of the General Assembly on or before a certain 9 date; and generally relating to the end –of–life management of mattresses . 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That: 12 (a) The Department of the Environment shall: 13 (1) study the end–of–life management of mattresses in the State , including 14 further examination of the State ’s objectives regarding mattresses that are identified in 15 Maryland’s Zero Waste Plan ; 16 (2) study the laws, regulations , and programs of other states governing the 17 end–of–life management of mattresses , including states identified as having mattress 18 extended producer responsibility programs by the Department of Legislative Services in its 19 January 2017 study on solid waste management and recycling in Maryland ; 20 (3) study the feasibility o f implementing a mattress recycling program in 21 the State, including the feasibility of implementing an extende d producer responsibility 22 program for mattresses in the State; 23 2 HOUSE BILL 1070 (4) identify local government programs in the State that provide for the 1 end–of–life management of mattresses ; 2 (5) identify for –profit and not –for–profit entities that can , with minimal 3 State funding, facilitate the end –of–life management of mattress es in the State ; 4 (6) recommend how a mattress recycling program can be used to facilitate 5 goals for full employment in the State, including the creation of jobs for homeless 6 individuals, di sadvantaged youth, individuals with disabilities, and individuals who were 7 incarcerated in a local, State, or federal correction al facility; 8 (7) recommend goal s for reducing the number of mattresses going into 9 landfills in the State over a defined perio d of time; and 10 (8) recommend measures to promote the end–of–life management of 11 mattresses in the State , including measures to reduce the number of mattresses going into 12 landfills in the State. 13 (b) In conducting the activities required under subsection (a) of this section, the 14 Department shall consult with: 15 (1) the Department of Commerce; 16 (2) the Department of Labor, Licensing, and Regulation; 17 (3) the Maryland Environmental Service; 18 (4) representatives of local government; and 19 (5) representatives of for–profit and not –for–profit entities that have 20 expertise with the end–of–life management of mattresses. 21 (c) On or before December 31, 201 7, the Department shall report its findings and 22 recommendations to the Governor and, in accordan ce with § 2 –1246 of the State 23 Government Article, the Senate Education, Health, and Environmental Affairs Committee 24 and the House Environment and Transportation Committee. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26 1, 2017 . 27
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Department of the Environment - End-of-Life Management of Mattresses - Study
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Requiring the Maryland Police Training and Standards Commission to distribute the victim's representation notification form developed by the Governor's Office of Crime Control and Prevention to each law enforcement agency in the State; requiring a specified investigating agency to provide specified information and a specified form to a victim's representative; altering the time period during which a victim's representative may file a specified form to at least 30 days prior to a specified hearing; etc.
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the purpose of requiring the Maryland Police Training and Standards Commission to 4 develop and, as necessary, update a certain form; requiring a law enforcement officer 5 to provide certain information to a victim’s representative in certain situations and 6 within a certain period of time after a certain event; requiring a law enforcement 7 officer to certify certain facts to the Motor Vehicle Administration under certain 8 circumstances; requiring the Administration to contact a certain State’s Attorney in 9 certain situations in order to obtain certain information; requiring the 10 Administration to provide certain materials to a certain individual without cost; 11 providing that a certain individual must only provide certain notice to the 12 Administration w hen it is practicable to do so; requiring the Administration to make 13 certain materials available on the Administration’s Web site ; requiring the 14 Administration to track certain statistics ; and generally relating to a victim’s 15 representative notification . 16 BY adding to 17 Article – Public Safety 18 Section 3 –207(h) 19 Annotated Code of Maryland 20 (2011 Replacement Volume and 2016 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Transportation 23 Section 12 –206.1 24 Annotated Code of Maryland 25 (2012 Replacement Volume and 2016 Supplement) 26 BY repealing and reenacting, without amendments, 27 Article – Transportation 28 2 HOUSE BILL 1071 Section 16 –206(a)(5)(i) and (f) 1 Annotated Code of Maryland 2 (2012 Replacement Volume and 2016 Supplement) 3 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 That the Laws of Maryland read as follows: 5 Article – Public Safety 6 3–207. 7 (H) THE COMMISSION , IN CONSULTATION WITH THE OFFICE OF 8 ADMINISTRATIVE HEARINGS , THE GOVERNOR ’S OFFICE OF CRIME CONTROL AND 9 PREVENTION , AND THE MOTOR VEHICL E ADMINISTRATION , SHALL DEVELOP AND , 10 AS NECESSARY , UPDATE A UNIFORM VIC TIM’S REPRESENTATION NOT IFICATION 11 FORM THAT MAY BE FILED BY A VICTIM ’S REPRESENTATIVE UND ER § 12–206.1 OF 12 THE TRANSPORTATION ARTICLE . 13 Article – Transportation 14 12–206.1. 15 (a) (1) In this section the following words have the meanings indicated. 16 (2) “Victim” means a person who dies as the result of the commission of a 17 moving violation by another person. 18 (3) “Victim’s representative” means a member of the fam ily of a victim or a 19 guardian or personal representative of a victim. 20 (b) (1) [During the investigation of a moving violation ] WITHIN 5 DAYS 21 AFTER A CONVICTION OF A MOVI NG VIOLATION , a law enforcement officer shall inform 22 a victim’s representative of the right to file a victim’s representation notification form with 23 the Administration to request to be notified of a hearing under § 16 –206(f) of this article. 24 (2) A victim’s representation notification form under this subsection may 25 only be filed within 2 0 days after the conviction of the moving violation. 26 (3) (I) A LAW ENFORCEMENT OFFICER WHO COMPLIES WITH OR 27 ATTEMPTS TO COMPLY W ITH THE REQUIREMENTS OF PARA GRAPH (1) OF THIS 28 SUBSECTION SHALL CER TIFY TO THE ADMINISTRATION THAT THE OFFICER : 29 1. INFORMED A VICTIM ’S REPRESENTATIVE OF THE 30 RIGHT TO FILE A VICT IM’S REPRESENTATION NOT IFICATION FORM UNDER THIS 31 SUBSECTION ; OR 32 HOUSE BILL 1071 3 2. WAS UNABLE TO IDENTIF Y A VICTIM ’S 1 REPRESENTATIVE . 2 (II) IF THE ADMINISTRATION DOES N OT RECEIVE A 3 CERTIFICATION FROM A LAW ENFORCEMENT OFFIC ER UNDER THIS PARAGR APH, 4 THE ADMINISTRATION SHALL CONTACT THE STATE’S ATTORNEY THAT SERVES THE 5 COUNTY IN WHICH THE VICTIM DIED TO IDENT IFY A VICTIM ’S REPRESENTATIVE . 6 (c) (1) If a victim’s representative files a victim’s representatio n notification 7 form under subsection (b) of this section, the Administration shall give the victim’s 8 representative notice in accordance with § 12 –114 of this title at least 21 days before a 9 hearing under § 16 –206(f) of this article. 10 (2) Notice provided under this subsection shall state: 11 (i) The date, time, place, and nature of the hearing; 12 (ii) The legal authority and jurisdiction of the Administration to hear 13 the matter; 14 (iii) The nature of the proposed action that the Administration is to 15 consider; 16 (iv) That a copy of the hearing procedures is available on request and 17 [the cost to obtain a copy ] WITHOUT COST TO THE VICTIM’S REPRESENTATIVE ; 18 (v) The right of the victim’s representative to be present at the 19 hearing; 20 (vi) The right of the victim’s representative to submit a written 21 statement for consideration by the Administration at the hearing; and 22 (vii) The right of the victim’s representative to make an oral 23 statement for consideration by the Administration at the hearing. 24 (3) (i) If a victim’s representative intends to make an oral statement, 25 the victim’s representative shall , IF PRACTICABLE , notify the Administration at least 10 26 days before the hearing. 27 (ii) If a victim’s representative intends to submit a written 28 statement, the statement shall , IF PRACTICABLE , be submitted to the Administration at 29 least 10 days before the hearing. 30 (4) (I) THE ADMINISTRATION SHALL MAKE AN ELECTRONIC 31 VERSION OF THE ADMINISTRATIV E HEARING PROCEDURES AVAILABLE ON THE 32 ADMINISTRATION ’S WEB SITE . 33 4 HOUSE BILL 1071 (II) THE ADMINISTRATION SHALL UPDATE THE ELECTRONI C 1 VERSION OF THE ADMINISTRATIV E HEARING PROCEDURES TO REFLECT CHANGES 2 IN PROCEDURES . 3 (d) (1) If a victim’s representative provides notice in accordance with 4 subsection (c)(3)(i) of this se ction, the Administration shall allow the victim’s representative 5 to make an oral statement for consideration by the Administration at the hearing. 6 (2) If a victim’s representative submits a written statement in accordance 7 with subsection (c)(3)(ii) of this section, the Administration shall: 8 (i) Provide a copy of the written statement to the licensee before the 9 hearing begins; and 10 (ii) Consider the written statement at the hearing. 11 (E) THE ADMINISTRATION SHALL MAINTAIN A RECORD OF THE NUMBER OF : 12 (1) CERTIFICATIONS RECEIV ED FROM LAW ENFORCEM ENT OFFICERS 13 UNDER SUBSECTION (B) OF THIS SECTION AND WHETHER A CERTIFICAT ION 14 INDICATED THAT A LAW ENFORCEMENT OF FICER WAS ABLE TO IN FORM A VICTIM ’S 15 REPRESENTATIVE OF TH E RIGHT TO FILE A VI CTIM’S REPRESENTATION 16 NOTIFICATION FORM ; 17 (2) ORAL STATEMENTS OFFERED B Y VICTIMS ’ REPRESENTATIVES AT 18 HEARINGS HELD UNDER § 16–206( F) OF THIS ARTICLE ; AND 19 (3) WRITTEN STATEMENTS OF FERED BY VICTIM S’ REPRESENTATIVES 20 AT HEARINGS HELD UND ER § 16–206( F) OF T HIS ARTICLE . 21 16–206. 22 (a) (5) (i) The Administration may suspend the license of a person who is 23 convicted of a moving violation that contributed to an accident resulting in the death of 24 another person. 25 (f) In accordance with Title 12, Subtitle 2 of thi s article, the Administration shall 26 provide notice of a suspension under subsection (a)(5) of this section and the licensee may 27 request a hearing. 28 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 October 1, 2017. 30
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Vehicle Laws - Victim's Representative Notification - License Suspension Hearing
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Establishing a cash balance plan under the State Retirement and Pension System; requiring that individuals who on June 30, 2018, are members of specified pension systems become members of the cash balance plan on July 1, 2018; requiring that specified individuals who are employed on or after July 1, 2018, by participating employers become members of the cash balance plan; requiring the Board of Trustees of the State Retirement and Pension System to administer the cash balance plan; etc.
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the purpose of establishing a cash balance plan under the State Retirement and 3 Pension System; requiring that certain members of the Employees’ Pension System 4 or the Teachers’ Pension System become members of the cash balance plan on a 5 certain date; re quiring that certain individuals who are employed by certain 6 participating employers on or after a certain date become members of the cash 7 balance plan; providing that certain individuals are not eligible to participate in the 8 optional retirement program; requiring the Board of Trustees of the State 9 Retirement and Pension System to administer the cash balance plan; requiring 10 participation in the cash balance plan as a condition of employment for certain 11 individuals; providing the vesting requirements for pa rticipating employees in the 12 cash balance plan; requiring that employee contributions to the cash balance plan be 13 a certain amount and be made in a certain manner; requiring certain participating 14 employees of the cash balance plan to be a certain age with a certain number of years 15 of service as an eligible employee prior to receiving certain distributions; requiring 16 certain participating employees of the cash balance plan who elect to receive certain 17 distributions before reaching a certain age with a certai n number of years of service 18 to wait until a certain time to receive the distribution; providing for distribution of 19 certain benefits from the cash balance plan to a participating employee on 20 retirement; providing that certain participating employees in th e cash balance plan 21 may make certain elections with regard to the method of distribution for certain 22 benefits payable under the cash balance plan; requiring the State to make certain 23 employer contributions to the cash balance plan in a certain manner; requ iring 24 certain local employers to pay certain employer contributions for certain 25 participating employees in the cash balance plan; providing that certain 26 participating employees in the cash balance plan may receive a certain benefit from 27 the Employees’ Pens ion System or the Teachers’ Pension System; providing that 28 certain eligible employees in the cash balance plan may elect to convert a certain 29 accrued benefit to the cash balance plan or receive a return of certain member 30 2 HOUSE BILL 1072 contributions plus regular interest ; prohibiting certain eligible employees who elect 1 to convert a certain benefit to the cash balance plan from receiving certain member 2 contributions; altering certain local employer contributions for members of the 3 Teachers’ Pension System; defining certai n terms; providing for a delayed effective 4 date; and generally relating to the establishment of a cash balance plan for State 5 employees and teachers. 6 BY repealing and reenacting, with amendments, 7 Article – State Personnel and Pensions 8 Section 21–304(b)(4)(iii), 23–203, 23 –204(c), 23 –208, and 30 –302 9 Annotated Code of Maryland 10 (2015 Replacement Volume and 2016 Supplement) 11 BY adding to 12 Article – State Personnel and Pensions 13 Section 21–304(b)(4)(iv); and 33–101 through 33 –209 to be under the n ew title “Title 14 33. Cash Balance Plan” 15 Annotated Code of Maryland 16 (2015 Replacement Volume and 2016 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – State Personnel and Pens ions 20 21–304. 21 (b) (4) (iii) [Beginning in fiscal year 2017 ] FOR FISCAL YEARS 2017 AND 22 2018 , each local employer shall pay to the Board of Trustees its local share equal to the 23 normal contribution rate for the Teachers’ Retirement System and the Teachers’ Pension 24 System multiplied by the aggregate annual earnable compensation of the local employees 25 of that local employer. 26 (IV) BEGINNING IN FISCAL Y EAR 2019, EACH LOCAL EMPLOYER 27 SHALL PAY TO THE BOARD OF TRUSTEES ITS LOCAL SH ARE EQUAL TO THE NO RMAL 28 CONTRIBUTION RATE FO R THE TEACHERS ’ RETIREMENT SYSTEM MULTIPLIED BY 29 THE AGGREGATE ANNUAL EARNABLE COMPENSATIO N OF THE LOCAL EMPLO YEES 30 OF THAT LOCAL EMPLOYER WHO ARE MEM BERS OF THE TEACHERS ’ RETIREMENT 31 SYSTEM . 32 23–203. 33 (A) (1) Except as provided in § 23–204 of this subtitle, an individual described 34 in § 23 –201(a) of this subtitle who becomes an employee of a participating employer on or 35 after January 1, 1980, AND ON OR BEFORE JUNE 30, 2018 , or who transfers membership 36 HOUSE BILL 1072 3 from the Employees’ Retirement Sy stem ON OR BEFORE JUNE 30, 2018 , is a member of 1 the Employees’ Pension System as a condition of employment. 2 (2) AN INDIVIDUAL DESCRIB ED IN § 23–201( A) OF THIS SUBTITLE 3 WHO IS A MEMBER OF T HE EMPLOYEES ’ PENSION SYSTEM ON JUNE 30, 2018, AND 4 REMAINS AN EMPLOYEE OF A PARTIC IPATING EMPLOYER ON JULY 1, 2018: 5 (I) SHALL BECOME A MEMBE R OF THE CASH BALANC E PLAN 6 UNDER TITLE 33 OF THIS ARTICLE ON JULY 1, 2018; AND 7 (II) SHALL NO LONGER BE C ONSIDERED A MEMBER O F THE 8 EMPLOYEES ’ PENSION SYSTEM . 9 (B) (1) EXCEPT AS PROVIDED IN P ARAGRAPH (2) OF THIS SUBSECTION , 10 AN INDIVIDUAL WHO IS NOT A MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM ON 11 JUNE 30, 2018, IS NOT ELIGIBLE FOR MEMBERSHIP IN THE EMPLOYEES ’ PENSION 12 SYSTEM . 13 (2) AN INDIVIDUAL IS A ME MBER OF THE EMPLOYEES ’ PENSION 14 SYSTEM IF THE INDIVID UAL COMMENCES EMPLOY MENT ON OR AFTER JULY 1, 2018, 15 FOR A PARTICIPATING GOVERNMENTAL UNIT TH AT ELECTED TO JOIN T HE 16 EMPLOYEES ’ PENSION SYSTEM ON OR BEFORE JUNE 30, 2018. 17 23–204. 18 (c) (1) [Subject ] EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS 19 SUBSECTION AND SUBJE CT to paragraph [(2)] (3) of this subsection, membership in the 20 Employees’ Pension System is optional for an individual described in 21 § 23–201(a)(2)(iv) of this subtitle who is elected or appointed as the Baltimore City Sh eriff 22 ON OR BEFORE JUNE 30, 2018. 23 (2) AN INDIVIDUAL DESCRIB ED IN § 23–201( A)(2)( IV) OF THIS 24 SUBTITLE WHO IS A ME MBER OF THE EMPLOYEES ’ PENSION SYSTEM ON JUNE 30, 25 2018, AND REMAINS AS THE BALTIMORE CITY SHERIFF ON JULY 1, 2018: 26 (I) SHALL BECOME A MEM BER OF THE CASH BALA NCE PLAN 27 UNDER TITLE 33 OF THIS ARTICLE ON JULY 1, 2018; AND 28 (II) SHALL NO LONGER BE C ONSIDERED A MEMBER O F THE 29 EMPLOYEES ’ PENSION SYSTEM . 30 (3) (I) An individual who is elected or appointed as the Baltimore City 31 Sheriff ON OR BEFO RE JUNE 30, 2018, and who does not elect to join the Employees’ 32 4 HOUSE BILL 1072 Pension System is a member of the Law Enforcement Officers’ Pension System under Title 1 26 of this article as a condition of employment. 2 (II) AN INDIVIDUAL WHO IS ELECTED AS THE BALTIMORE CITY 3 SHERIFF ON OR AFTER JULY 1, 2018, AND WHO DOES NOT ELE CT TO JOIN THE CASH 4 BALANCE PLAN UNDER TITLE 33 OF THIS ARTICLE IS A MEMBER OF THE LAW 5 ENFORCEMENT OFFICERS ’ PENSION SYSTEM UNDER TITLE 26 OF THIS ARTICLE AS 6 A CONDITION OF EMPLO YMENT . 7 [(3)] (4) (I) To elect to be a member of the Employees’ Pension System 8 ON OR BEFORE JUNE 30, 2018 , under this subsection, an individual shall make the 9 election at commencement of employment by filing a written application with the Board of 10 Trustees on a form that th e Board of Trustees provides. 11 [(4)] (II) An individual who does not elect membership within 6 months of 12 the date the individual begins serving as the Baltimore City Sheriff shall become a member 13 of the Law Enforcement Officers’ Pension System. 14 23–208. 15 (A) (1) Except as provided in § 23 –209 of this subtitle, an individual described 16 in § 23 –206(a) of this subtitle who becomes employed by a participating employer on or 17 after January 1, 1980, AND ON OR BEFORE JUNE 30, 2018, or who transfers membership 18 from the Teachers’ Retirement System ON OR BEFORE JUNE 30, 2018, is a member of the 19 Teachers’ Pension System as a condition of employment. 20 (2) AN INDIVIDUAL DESCRIB ED IN § 23–206( A) OF THIS SUBTITLE 21 WHO IS A MEMBER OF T HE TEACHERS ’ PENSION SYSTEM ON JUNE 30, 2018, AND 22 REMAINS AN EMPLOYEE OF A PARTICIPATING E MPLOYER ON JULY 1, 2018: 23 (I) SHALL BECOME A MEMBE R OF THE CASH BALANC E PLAN 24 UNDER TITLE 33 OF THIS ARTICLE ON JULY 1, 2018; AND 25 (II) SHALL NO LONGER BE C ONSIDERED A MEMBER O F THE 26 TEACHERS ’ PENSIO N SYSTEM . 27 (B) AN INDIVIDUAL WHO IS NOT A MEMBER OF THE TEACHERS ’ PENSION 28 SYSTEM ON JUNE 30, 2018, IS NOT ELIGIBLE FOR MEMBERSHIP IN THE TEACHERS ’ 29 PENSION SYSTEM . 30 30–302. 31 (a) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 32 SUBSECTION , AN election to participate in the program shall be made by an eligible 33 employee within 1 year of first becoming an eligible employee of an employing institution. 34 HOUSE BILL 1072 5 (2) AN INDIVIDUAL WHO DOE S NOT ELECT TO PARTI CIPATE IN THE 1 PROGRAM ON OR BEFORE JUNE 30, 2018, IS NOT E LIGIBLE FOR MEMBERSH IP IN THE 2 PROGRAM . 3 (b) An eligible employee’s election to participate in the program is a 4 one–time irrevocable election. 5 TITLE 33. CASH BALANCE PLAN. 6 SUBTITLE 1. DEFINITIONS . 7 33–101. 8 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANINGS 9 INDICATED . 10 (B) “CASH BALANCE PLAN ” MEANS A DEFINED BENE FIT PLAN QUALIFIED 11 UNDER THE INTERNAL REVENUE CODE THAT REQUIRES EM PLOYER 12 CONTRIBUTIONS AND EM PLOYEE CONTRIBUTIONS EQUAL TO A FIXED PER CENTAGE 13 OF A PARTICIPATING E MPLOYEE ’S ANNUAL EARNAB LE COMPENSATION THAT ARE 14 DEPOSITED INTO AN IN TEREST BEARING ACCOU NT AND ADMINISTERED BY THE 15 BOARD OF TRUSTEES . 16 (C) (1) “ELIGIBLE EMPLOYEE ” MEANS AN INDIVIDUAL ELIGIBLE TO 17 PARTICIPATE IN THE C ASH BALANCE PLAN . 18 (2) “ELIGIBLE EMPLOYEE ” INCLUDES : 19 (I) A MEMBER OF THE FACU LTY OF AN EMPLOYING 20 INSTITUTION ; 21 (II) A PROFESSIONAL EMPLO YEE AT A COMMUNITY C OLLEGE OR 22 REGIONAL COMMUNITY C OLLEGE ESTABLISHED U NDER TITLE 16 OF THE 23 EDUCATION ARTICLE ; 24 (III) AN EMPLOYEE OF THE UNIVERSITY SYSTEM OF MARYLAND 25 WHO I S IN A POSITION DESI GNATED AS EXEMPT UND ER A POLICY ADOPTED BY THE 26 UNIVERSITY SYSTEM OF MARYLAND BOARD OF REGENTS ; 27 (IV) AN EMPLOYEE OF MORGAN STATE UNIVERSITY WHO IS IN A 28 POSITION DESIGNATED AS EXECUTIVE OR PROF ESSIONAL ADMINISTRAT IVE BY THE 29 BOARD OF REGENTS OF MORGAN STATE UNIVERSITY ; 30 6 HOUSE BILL 1072 (V) AN EMPLOYEE OF ST. MARY’S COLLEGE OF MARYLAND 1 WHO IS IN A POSITION DETERMINED BY THE BOARD OF TRUSTEES OF THE COLLE GE 2 TO BE AN EXEMPT POSI TION ; OR 3 (VI) AN INDIVIDUAL WHO IS AN EMPLOYEE OF A PAR TICIPATING 4 EMPLOYER AS : 5 1. A REGULAR EMPLOYEE W HOSE COMPENSATION IS 6 PROVIDED BY STATE APPROPRIATION O R PAID FROM STATE FUNDS ; 7 2. AN APPOINTED OR ELEC TED OFFICIAL OF THE STATE 8 WHO IS APPOINTED OR ELECTED FOR A TERM O F OFFICE THAT BEGINS ON OR AFTER 9 JULY 1, 2018, INCLUDING : 10 A. A CLERK OF THE CIRCU IT COURT ; 11 B. A REGISTER OF WILLS ; 12 C. A STATE’S ATTORNEY ; AND 13 D. A SHERIFF ; 14 3. AN EMPLOYEE OF A DAY SCHOOL IN THE STATE 15 UNDER THE AUTHORITY AND SUPERVISION OF A COUNTY BOARD OF EDUC ATION OR 16 THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS EMPLOYE D AS: 17 A. A CLERK ; 18 B. A HELPING TEACHER ; 19 C. A PRINCIPAL ; 20 D. A SUPERINTENDENT ; 21 E. A SUPERVISOR ; OR 22 F. A TEACHER ; 23 4. A LIBRARIAN OR CLERI CAL EMPLOYEE OF A LI BRARY 24 THAT IS ESTABLISHED OR OP ERATES UNDER THE EDUCATION ARTICLE ; 25 5. AN EMPLOYEE OF THE OFFICE OF THE SHERIFF OF 26 BALTIMORE CITY; 27 HOUSE BILL 1072 7 6. AN EMPLOYEE OR AGENT OF THE STATE RACING 1 COMMISSION AUTHORIZED BY § 11–207 OF THE BUSINESS REGULATION ARTICLE ; 2 7. A PERMANENT EMPLOYEE O F THE BOARD OF 3 SUPERVISORS OF ELECT IONS OF A COUNTY ; 4 8. A FULL–TIME MASTER IN CHANC ERY OR IN JUVENILE 5 CAUSES WHO WAS APPOI NTED ON OR AFTER JULY 1, 2018, IN ANY COUNTY BY THE 6 CIRCUIT COURT FOR TH AT COUNTY ; 7 9. A NONFACULTY EMPLO YEE OF THE BALTIMORE CITY 8 COMMUNITY COLLEGE ; OR 9 10. A STAFF EMPLOYEE OF THE UNIVERSITY SYSTEM OF 10 MARYLAND , MORGAN STATE UNIVERSITY , OR ST. MARY’S COLLEGE OF 11 MARYLAND . 12 (3) “ELIGIBLE EMPLOYEE ” DOES NOT INCLUDE AN INDIVIDUAL WHO 13 ON OR BEFORE JUNE 30, 2018, IS A MEMBER OF THE O PTIONAL RETIREMENT 14 PROGRAM UNDER TITLE 30 OF THIS ARTICLE . 15 (D) “PARTICIPATING EMPLOYE E” MEANS AN ELIGIBLE EM PLOYEE WHO 16 PARTICIPATES IN THE CASH BALANCE PLAN . 17 SUBTITLE 2. CASH BALANCE PLAN. 18 33–201. 19 THERE IS A CASH BALAN CE PLA N. 20 33–202. 21 THE BOARD OF TRUSTEES FOR THE STATE RETIREMENT AND PENSION 22 SYSTEM SHALL ADMINIST ER THE CASH BALANCE PLAN . 23 33–203. 24 (A) THE BOARD OF TRUSTEES SHALL ADOPT , IMPLEMENT , AND MAINTAIN 25 THE CASH BALANCE PLA N. 26 (B) THE BOARD OF TRUSTEES SHALL ADOPT REGULATIONS TO CARRY OUT 27 THIS TITLE . 28 8 HOUSE BILL 1072 (C) A PARTICIPATING EMPLOY EE’S INTEREST IN THE CO NTRIBUTIONS 1 MADE BY THE PARTICIP ATING EMPLOYEE AND T HE INTEREST EARNED O N THOSE 2 CONTRIBUTIONS UNDER THE CASH BALANCE PLA N: 3 (1) SHALL IMMEDIATELY BE 100% VESTED ; 4 (2) SHALL BE HELD IN TRU ST FOR THE EXCLUSIVE BENEFIT OF THE 5 PARTICIPATING EMPLOY EE; AND 6 (3) MAY BE DISTRIBUTED O NLY AT THE TIMES , IN THE MANNER , TO 7 THE EXTENT , AND TO THE INDIVIDUA LS THAT ALLOW THE PL AN TO MAINTAIN ITS 8 TAX–QUALIFIED STATUS UND ER THE INTERNAL REVENUE CODE. 9 (D) A PARTICIPATING EMPLOY EE’S INTEREST IN THE CO NTRIBUTIONS 10 MADE BY THE STATE ON BEHALF OF TH E PARTICIPATING EMPL OYEE AND THE 11 INTEREST EARNED ON T HOSE CONTRIBUTIONS U NDER THE CASH BALANC E PLAN : 12 (1) SHALL BEGIN 3 YEARS AFTER THE PA RTICIPATING EMPLOYEE 13 BECOMES AN ELIGIBLE EMPLOYEE ; 14 (2) SHALL BE 100% VESTED ON THE FIRST DAY OF THE 4TH YEAR 15 AFTER THE PARTICIPAT ING EMPLOYEE BECOMES AN ELIGIBLE EMPLOYEE ; AND 16 (3) MAY BE DISTRIBUTED O NLY AT THE TIMES , IN THE MANNER , TO 17 THE EXTENT , AND TO THE INDIVIDUA LS THAT ALLOW THE PL ANS TO MAINTAIN 18 THEIR TAX –QUALIFIED STATUS UND ER THE INTERNAL REVENUE CODE. 19 33–204. 20 AN INDIVIDUAL IS A ME MBER OF THE CASH BAL ANCE PLAN AS A CONDI TION 21 OF EMPLOYMENT IF THE INDIVIDUAL : 22 (1) COMMENCES EMPLOYMENT AS AN ELIGIBLE EMPLOYEE ON OR 23 AFTER JULY 1, 2018; OR 24 (2) WAS A MEMBER OF THE EMPLOYEES ’ PENSION SYSTEM OR THE 25 TEACHERS ’ PENSION SYSTEM ON OR BEFORE JUNE 30, 2018, AND BECOMES AN 26 ELIGIBLE EMPLOYEE ON JULY 1, 2018. 27 33–205. 28 HOUSE BILL 1072 9 (A) A PARTICIPATING EMPLOY EE’S CONTRIBUTION RATE IS 5% OF THE 1 PARTICIPATING EMPLOY EE’S ANNUAL EARNABLE CO MPENSATION . 2 (B) THE PARTICIPATING EMP LOYEE CONTRIBUTIONS SHALL BE MADE AS 3 PAYROLLS ARE PAID BY PAYROLL DEDUCTION OR BY A REDUCTION IN SA LARY IN 4 ACCORDANCE WITH THE INTERNAL REVENUE CODE AND AS PROVIDED BY THE CASH 5 BALANCE PLAN . 6 33–206. 7 (A) (1) A PARTICIPATING EMPLOY EE MAY RETIRE FROM T HE CASH 8 BALANCE PLAN IF THE PARTICIPATING EMPLOY EE HAS ATTAINED AT L EAST AGE 62 9 AND AT LEAST 10 YEARS OF SERVICE AS AN ELIGIBLE EMPLOYEE . 10 (2) IF A PARTICIPATING EMPL OYEE ELECTS TO RETIR E BEFORE 11 ATTAINING AGE 62 AND 10 YEARS OF SERVICE , THE PARTICIPATING EM PLOYEE MAY 12 NOT RECEIVE ANY DIST RIBUTION UNDER SUBSE CTION (C) OF THIS SECTION UNTI L 13 JULY 1 FOLLOWING THE NEXT A CTUARIAL EVALUATION FOLLOWING THE 14 PARTICIPATING EMPLOY EE’S ELECTION . 15 (B) ON RETIREMENT UNDER T HIS SECTION , A PARTICIPATING EMPL OYEE 16 SHALL RECEIVE A DIST RIBUTION UNDER SUBSE CTION (C) OF THIS SECTION THAT 17 EQUALS THE PARTICIPA TING EMPLOYEE ’S ACCOUNT WITH 5% INTEREST 18 COMPOUNDED ANNUALLY FOR EACH YEAR OF SERVICE AS AN ELIGIBLE EMPLO YEE. 19 (C) BENEFITS UNDER THE CA SH BALANCE PLAN : 20 (1) SHALL BE PAYABLE TO A PARTICIPATING EMPL OYEE AS : 21 (I) A LUMP SUM PAYMENT ; OR 22 (II) AN ANNUITY BEGINNING AT THE TIME OF RETIR EMENT OF 23 THE PARTICIPATING EM PLOYEE WITH : 24 1. NO SURVIVOR BENEFIT ; 25 2. A 100% JOINT AND SURVIVOR B ENEFIT ; OR 26 3. A 50% JOINT AND SURVIVOR B ENEFIT ; AND 27 (2) SHALL BE PAYABLE IN ACCORDANCE WITH THE INTERNAL 28 REVENUE CODE AND AS PROVIDED BY THE CASH BALANCE PLAN . 29 10 HOUSE BILL 1072 33–207. 1 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , ON BEHALF 2 OF EACH PARTICIPATIN G EMPLOYEE WHO MAKES CONTRIBUTIONS UNDER § 33–205 3 OF THIS SUBTITLE , THE STATE SHALL CONTRIBUT E 5% OF THE PARTICIPATING 4 EMPLOYEE ’S ANNUAL EARNABLE CO MPENSATION . 5 (B) (1) IN THIS SUBSECTION , “LOCAL EMPLOYER ” MEANS : 6 (I) A DAY SCHOOL IN THE STATE UNDER THE AUTHO RITY AND 7 SUPERVISION OF A COU NTY BOARD OF EDUCATI ON OR THE BALTIMORE CITY BOARD 8 OF SCHOOL COMMISSIONERS ; 9 (II) A LIBRARY THAT IS ES TABLISHED OR OPERATE S UND ER THE 10 EDUCATION ARTICLE ; OR 11 (III) A COMMUNITY COLLEGE , OTHER THAN BALTIMORE CITY 12 COMMUNITY COLLEGE , THAT IS ESTABLISHED UNDER THE EDUCATION ARTICLE . 13 (2) THIS SECTION APPLIES TO EMPLOYER CONTRIBU TIONS FOR A 14 PARTICIPATING EMPLOY EE WHO IS : 15 (I) AN EMPLOYEE OF A DAY SC HOOL IN THE STATE UNDER THE 16 AUTHORITY AND SUPERV ISION OF A COUNTY BO ARD OF EDUCATION OR THE 17 BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS EMPLOYE D AS: 18 1. A CLERK ; 19 2. A HELPING TEACHER ; 20 3. A PRINCIPAL ; 21 4. A SUPERINTEN DENT ; 22 5. A SUPERVISOR ; OR 23 6. A TEACHER ; 24 (II) A LIBRARIAN OR CLERI CAL EMPLOYEE OF A LI BRARY THAT 25 IS ESTABLISHED OR OP ERATES UNDER THE EDUCATION ARTICLE ; OR 26 HOUSE BILL 1072 11 (III) A PROFESSIONAL EMPLO YEE AT A COMMUNITY C OLLEGE OR 1 REGIONAL COMMUNITY C OLLEGE ESTABLISHED UNDER TITLE 16 OF THE 2 EDUCATION ARTICLE . 3 (3) ON BEHALF OF A PARTIC IPATING EMPLOYEE DES CRIBED UNDER 4 PARAGRAPH (2) OF THIS SUBSECTION , EACH LOCAL EMPLOYER SHALL PAY 80% OF 5 THE EMPLOYER CONTRIB UTIONS THAT ARE REQU IRED UNDER SUBSECTIO N (A) OF 6 THIS SECTION . 7 (C) (1) THIS SUBSECTION APPLI ES TO PARTICIPATING EMPLOYEES WHO 8 ARE PAID THROUGH THE CENTRAL PAYROLL BUREAU . 9 (2) AS PAYROLLS ARE PAID , THE CENTRAL PAYROLL BUREAU SHALL 10 PAY THE EMPLOYER CON TRIBUTIONS TO THE CA SH BALANCE PLAN AS D IRECTED BY 11 THE BOARD OF TRUSTEES . 12 (3) THE PAYMENTS SHALL BE CHARGED AGAINST THE BUDGETS OF 13 THE UNITS EMPLOYING THE PARTICIPATING EM PLOYEES . 14 (4) IF A PARTICIPATING EM PLOYEE’S SALARY IS PAID FRO M SPECIAL 15 FUNDS OR FEDERAL FUN DS OR BOTH , THE EMPLOYER CONTRIB UTION FO R THAT 16 EMPLOYEE SHALL BE PA ID FROM THOSE FUNDS . 17 (D) (1) THIS SUBSECTION APPLI ES TO PARTICIPATING EMPLOYEES WHO 18 ARE NOT PAID THROUGH THE CENTRAL PAYROLL BUREAU . 19 (2) THE BOARD OF TRUSTEES SHALL PROVID E BY REGULATION THE 20 MANNER IN WHICH EMPL OYER CONTRIBU TIONS AND PARTICIPAT ING EMPLOYEE 21 CONTRIBUTIONS ARE TO BE MADE . 22 33–208. 23 THE GOVERNOR SHALL INCLUD E IN THE ANNUAL STATE BUDGET BILL AN 24 APPROPRIATION THAT I S SUFFICIENT TO PAY THE EMPLOYER CONTRIB UTIONS FOR 25 PARTICIPATING EMPLOY EES REQUIRED UNDER § 33–207 OF THIS SUBTITLE . 26 33–209. 27 (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PARTICIPATING 28 EMPLOYEE WHO BEFORE JULY 1, 2018, WAS A MEMBER OF THE EMPLOYEES ’ 29 PENSION SYSTEM OR THE TEACHERS ’ PENSION SYSTEM SHALL RECEIVE A BENEFIT 30 UNDER § 23–401 OF THIS ARTICLE FOR THE PERIOD OF TIME T HE PARTICIPATING 31 12 HOUSE BILL 1072 EMPLOYEE WAS A MEMBE R OF THE EMPLOYEES ’ PENSION SYSTEM OR THE 1 TEACHERS ’ PENSION SYSTEM . 2 (B) TO QUALIFY FOR A BENE FIT FROM THE EMPLOYEES ’ PENSION SYSTEM 3 OR THE TEACHERS ’ PENSION SYSTEM UNDER SUBSECTI ON (A) OF THIS SECTION , 4 THE PARTICIPATING EM PLOYEE IS SUBJECT TO THE PROVISIONS OF TITLE 23 OF 5 THIS ARTICLE . 6 (C) (1) THIS SECTION APPL IES TO AN ELIGIBLE E MPLOYEE WHO ON JUNE 7 30, 2018, IS NOT ELIGIBLE TO R ECEIVE A VESTED ALLO WANCE UNDER TITLE 29, 8 SUBTITLE 3 OF THIS ARTICLE FROM THE EMPLOYEES ’ PENSION SYSTEM OR THE 9 TEACHERS ’ PENSION SYSTEM . 10 (2) AN ELIGIBLE EMPLOYEE DESCRIBED IN PARAGRA PH (1) OF THIS 11 SUBSECTION : 12 (I) MAY ELECT TO RECEIVE A RETURN OF THE ELIG IBLE 13 EMPLOYEE ’S MEMBER CONTRIBUTIO NS, WITH REGULAR INTERES T, FROM THE 14 EMPLOYEES ’ PENSION SYSTEM OR THE TEACHERS ’ PENSION SYSTEM ; OR 15 (II) MAY ELECT TO CONVERT THE BENEFIT THE ELI GIBLE 16 EMPLOYEE HAS ACCRUED IN THE EMPLOYEES ’ PENSION SYSTEM OR THE 17 TEACHERS ’ PENSION SYSTEM ON JUNE 30, 2018, TO AN EQUIVALENT BEN EFIT IN 18 THE CASH BALANCE PLA N. 19 (3) AN ELIGIBLE EMPLOYEE WHO ELECTS TO CONVER T THE BENEFIT 20 THE ELIGIBLE EMPLOYE E HAS ACCRUED IN THE EMPLOYEES ’ PENSION SYSTEM OR 21 THE TEACHERS ’ PENSION SYSTEM UNDER PARAGRAP H (2)(II) OF THIS SUBSECTION 22 MAY NOT RECEIVE A RE TURN OF THE ELIGIBLE EMPLOYEE ’S MEMBER 23 CONTRIBUTIONS . 24 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25 1, 201 8. 26
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State Employees and Teachers - Cash Balance Plan
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Prohibiting specified provisions of the Public Ethics Law from being construed to prohibit a member of the Maryland Technology Corporation Board from being employed by or having a financial interest in a specified entity under specified circumstances; and requiring the Corporation, in consultation with the State Ethics Commission, to adopt specified procedures to govern conflicts of interest.
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the purpose of prohibiting certain provisions of the Public Ethics Law from being 3 construed to prohibit a member of the Maryland Technology Corporation Board from 4 being employed by or having a financial interest in a certain entity under certain 5 circumstances; requiring the Corporation , in consultation with the State Ethics 6 Commission , to adopt certain procedures to govern conflicts of interest; and generally 7 relating to the Public Ethics Law and members of the Maryland Technology 8 Development Corporation. 9 BY repealing and reenacting, with amendments, 10 Article – Economic Development 11 Section 10 –407 12 Annotated Code of Maryland 13 (2008 Volume and 2016 Supplement) 14 BY repealing and reenacting, without amendments, 15 Article – General Provisions 16 Section 5 –502 and 5 –503 17 Annotated Code of Maryland 18 (2014 Volume and 2016 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article – Economic Development 22 10–407. 23 (a) Except as provided in subsections (b), (c), and (e) of this section, the 24 Corporation is exempt from: 25 2 HOUSE BILL 1073 (1) Title 10 and Divisio n II of the State Finance and Procurement Article; 1 and 2 (2) §§ 3–301 and 3 –303 of the General Provisions Article. 3 (b) The Corporation is subject to the Public Information Act. 4 (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5 SUBSECTION , THE Board and the officers and employees of the Corporation are subject to 6 the Public Ethics Law. 7 (2) (I) SECTIONS 5–502 AND 5–503 OF THE GENERAL PROVISIONS 8 ARTICLE MAY NOT BE CO NSTRUED TO PROHIBIT A MEMBER OF THE BOARD FROM 9 BEING EMPLOYED BY OR HAVING A F INANCIAL INTEREST IN AN ENTITY THAT IS 10 NEGOTIATING A CONTRA CT OR ALREADY HAS CONTRACTED WITH THE 11 CORPORATION IF THE ME MBER : 12 1. RECUSES HIMSELF OR HERSELF FROM ANY BOARD 13 ACTION RELATED TO TH E ENTITY ; AND 14 2. PROVIDES NOTICE TO TH E GOVERNOR OF THE 15 NATURE OF THE CONFLI CT OF INTEREST . 16 (II) THE CORPORATION , IN CONSULTATION WITH THE STATE 17 ETHICS COMMISSION , SHALL ADOPT PROCEDURES TO GOVERN CONFLICTS OF 18 INTEREST BETWEEN A BOARD MEMBER AND AN E NTITY NEGOTIATING A CONTRACT 19 OR ALREADY CONTRACTI NG WITH THE CORPORATION . 20 (d) The officers and employees of the Corporation are not subject to the provisions 21 of Division I of the State Personnel and Pensions Article that govern the State Personnel 22 Management System. 23 (e) The Corpo ration, its Board, and employees are subject to Title 12, Subtitle 4 24 of the State Finance and Procurement Article. 25 Article – General Provisions 26 5–502. 27 (a) This section does not apply to members of the General Assembly. 28 (b) Except as provided in subse ctions (c) and (d) of this section, an official or 29 employee may not: 30 HOUSE BILL 1073 3 (1) be employed by or have a financial interest in: 1 (i) an entity subject to the authority of that official or employee or 2 of the governmental unit with which the official or emplo yee is affiliated; or 3 (ii) an entity that is negotiating or has entered a contract with that 4 governmental unit or an entity that is a subcontractor on a contract with that governmental 5 unit; or 6 (2) hold any other employment relationship that would impair the 7 impartiality and independent judgment of the official or employee. 8 (c) The prohibitions of subsection (b) of this section do not apply: 9 (1) to employment or a financial interest allowed by regulation of the 10 Ethics Commission if: 11 (i) the employment does not create a conflict of interest or the 12 appearance of a conflict of interest; or 13 (ii) the financial interest is disclosed; 14 (2) to a public official who is appointed to a regulatory or licensing unit in 15 accordance with a statutory r equirement that entities subject to the jurisdiction of the unit 16 be represented in appointments to it; 17 (3) as allowed by regulations adopted by the Ethics Commission, to an 18 employee whose government duties are ministerial, if the private employment or f inancial 19 interest does not create a conflict of interest or the appearance of a conflict of interest; or 20 (4) to a member of a board who holds the employment or financial interest 21 when appointed if the employment or financial interest is disclosed public ly to the 22 appointing authority, the Ethics Commission, and, if applicable, the Senate of Maryland 23 before Senate confirmation. 24 (d) (1) Subject to paragraph (2) of this subsection, the Ethics Commission may 25 exempt a public official of an executive unit or an employee of an executive unit from the 26 prohibitions of subsection (b) of this section if the Ethics Commission determines that: 27 (i) failure to grant the exemption would limit the ability of the State 28 to: 29 1. recruit and hire highly qualified or uniquely qualified 30 professionals for public service; or 31 2. assure the availability of competent services to the public; 32 and 33 4 HOUSE BILL 1073 (ii) the number of exemptions granted under this subsection has not 1 eroded the purposes of subsection (b) of this section o r other provisions of this title. 2 (2) (i) The Ethics Commission may grant an exemption under 3 paragraph (1) of this subsection only: 4 1. in extraordinary situations; and 5 2. on the recommendation of the Governor, at the request of 6 the executive unit involved. 7 (ii) The Ethics Commission shall apply this subsection as 8 consistently as possible under similar facts and circumstances. 9 5–503. 10 (a) This section does not apply to members of the General Assembly. 11 (b) An official or employee may not be employed by an entity that is a party to a 12 contract that binds or purports to bind the State if: 13 (1) the duties of the official or employee include matters substantially 14 relating to or affecting the subject matter of the contract; and 15 (2) the con tract binds or purports to bind the State to pay more than 16 $1,000. 17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18 1, 2017. 19
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Maryland Technology Development Corporation
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Providing that a citizen of the United States who is a resident of the State shall have standing to file suit in the appropriate circuit court against an elected official who creates or maintains a sanctuary program in violation of the federal Immigration and Nationality Act for an injunction against the sanctuary program.
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the purpose of providing that a citizen of the United States who is a resident of the 3 State shall have standing to file suit in the appropriate circuit court against an 4 elected official who creates or maintains a sanctuary program in violation of the 5 federal Immigration and Nationality Act for an injunction against the sanctuary 6 program; an d generally relating to providing certain standing to seek an injunction 7 against a ce rtain sanctuary program under certain circumstances. 8 BY adding to 9 Article – Courts and Judicial Proceedings 10 Section 6 –412 11 Annotated Code of Maryland 12 (2013 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 – Courts and Judicial Proceedings 16 6–412. 17 A CITIZEN OF THE UNITED STATES WHO IS A RESIDENT OF THE STATE SHALL 18 HAVE STANDING TO FILE SUIT IN THE APP ROPRIATE CIRCUIT COU RT AGAINST AN 19 ELECTED OFF ICIAL WHO CREATES OR MAINTAINS A SANCTUARY PROGRAM IN 20 VIOLATION OF THE FED ERAL IMMIGRATION AND NATIONALITY ACT FOR AN 21 INJUNCTION AGAINST T HE SANCTUARY PROGRAM . 22 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 October 1, 2017. 24
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Courts - Sanctuary Programs - Citizen Standing to Seek Injunction
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Requiring a housing authority established to undertake specified housing projects to establish a specified Web site; requiring the Web site to contain specified information related to the membership, operation, and budget of the authority; providing that the Housing Authority of Baltimore City is a Baltimore City agency for purposes of specified procurement regulations issued by the Board of Estimates of Baltimore City; etc.
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the purpose of requiring certain housing authorities to establish a certain Web site 3 that contain s certain information; providing that the H ousing Authority of Baltimore 4 City is a Baltimore City agency for purposes of certain procurement regulations 5 issued by the Board of Estimates of Baltimore City; and generally relating to certain 6 housing authorities. 7 BY repealing and reenacting, without amendments, 8 Article – Housing and Community Development 9 Section 12 –101(a), (c), (k), and (p) 10 Annotated Code of Maryland 11 (2006 Volume and 2016 Supplement) 12 BY adding to 13 Article – Housing and Community Development 14 Section 12 –406 15 Annotated Code of Maryland 16 (2006 Volume and 2016 Supplement) 17 BY repealing and reenacting, with amendments, 18 Article – Housing and Community Development 19 Section 15 –104 20 Annotated Code of Maryland 21 (2006 Volume and 2016 Supplement) 22 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 That the Laws of Maryland read as follows: 24 Article – Housing and Community Development 25 2 HOUSE BILL 1075 12–101. 1 (a) In this Division II the following words have the meanings indicated. 2 (c) “Authority” means a public corporation created as a housing authority under 3 this Division II. 4 (k) (1) “Housing project” means a work or undertaking to: 5 (i) demolish, clear, or remove buildings from an economically 6 depressed or physically deteriorated area; or 7 (ii) provide decent, safe, and sanitar y housing for persons of eligible 8 income and, to the extent authorized by § 12 –503(a)(4) of this title, for other persons. 9 (2) “Housing project” includes: 10 (i) work connected to planning, constructing, reconstructing, 11 altering, or repairing improveme nts, acquiring property, or demolishing structures; 12 (ii) adapting an economically depressed or physically deteriorated 13 area to public purposes, including parks and other recreational or community purposes; 14 and 15 (iii) acquiring buildings, land, equip ment, facilities, and other real or 16 personal property for necessary, convenient, or desirable: 17 1. appurtenances; 18 2. streets; 19 3. sewers; 20 4. water service; 21 5. parks; 22 6. site preparation; 23 7. gardening; and 24 8. administrative, community, health, recreational, 25 educational, welfare, or other purposes. 26 (p) “Person of eligible income” means an individual or family that qualifies under 27 § 12–106 of this subtitle. 28 HOUSE BILL 1075 3 12–406. 1 EACH AUTHORITY SHALL ESTABLISH A WEB SITE T HAT CONTAINS : 2 (1) THE NAME OF THE EXECUTIVE DIRECT OR OF AND EACH 3 COMMISSIONER APPOINT ED TO THE AUTHORITY ; 4 (2) THE NAME OF ANY NONPROFIT ENTITY THAT THE AUTH ORITY 5 CONTROLS , INCLUDING THE NAME O F EACH BOARD MEMBER OF THE NON PROFIT 6 ENTITY ; 7 (3) A DESCRIPTION OF EAC H HOUSING PROJECT THAT THE 8 AUTHORITY OPERATES ; 9 (4) THE ANNUAL BUDGET OF THE AUTHORITY AND ANY ANNUAL 10 FINANCIAL REPORT THE AUTHORITY IS REQUIRE D TO PREPARE ; AND 11 (5) A DESCRIPTION OF THE PROCESS THE AUTHORITY USES T O 12 DETERMINE : 13 (I) THE ELIGIBILITY OF A PERSON OF ELIGIBLE INCOME TO 14 RECEIVE ASSISTANCE FROM THE AUTHORITY ; AND 15 (II) THE PLACEMENT OF A P ERSON OF ELIGIBLE INCOME . 16 15–104. 17 The Housing Authority of Baltimore City is a public body corporate and politic that: 18 (1) exercises public and essential governmental functions; [and] 19 (2) has all the powers necessary or convenient to carry out the purposes of 20 this Division II ; AND 21 (3) IS A BALTIMORE CITY AGENCY FOR PURPO SES OF THE 22 PROCUREMENT REGULATI ONS ISSUED BY THE BOARD OF ESTIMATES OF 23 BALTIMORE CITY UNDER THE BALTIMORE CITY CHARTER , ARTICLE VI §§ 2 AND 24 11. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 October 1, 2017. 27
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Housing Authorities - Transparency and Baltimore Authority Bidding Process
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Requiring a specified law enforcement agency to submit a sexual assault evidence collection kit to a forensic laboratory for analysis within 30 days of receipt, to notify the victim when the kit was sent and of the results of the analysis, to utilize community-based sexual assault victim service organizations, and ensure privacy protections; requiring a specified forensic laboratory to take specified actions within 150 days; requiring the development of specified policies and procedures; applying the Act retroactively; etc.
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the purpose of requiring a sexual assault evidence collection kit to be submitted to a 3 certain laboratory for analysis except under certain circumstances; requiring a 4 certain victim of sexual assault to be given the option to consent to a certain analysis 5 without making a certain commitment; requiring a certain law enfo rcement agency 6 to submit a certain sexual assault evidence collection kit to a certain laboratory for 7 analysis within a certain period of time, to notify a certain victim of certain matters, 8 to make use of certain service organizations, and to ensure certa in protections for 9 certain victims ; requiring a certain laboratory to take certain actions within a certain 10 period of time; requiring certain results of a certain analysis to be entered into the 11 Combined DNA Index System (CODIS); requiring each State and local law 12 enforcement agency to adopt certain policies and procedures on or before a certain 13 date; providing for the retroactive application of this Act; and generally relating to 14 sexual assault evidence collection kits. 15 BY repealing and reenacting, wi th amendments, 16 Article – Criminal Procedure 17 Section 11 –926 18 Annotated Code of Maryland 19 (2008 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 Procedure 23 11–926. 24 2 HOUSE BILL 1076 (a) A health care provider that performs a sexual assault evidence collection kit 1 exam on a victim of sexual assault shall provide the victim with contact information for the 2 investigating law enforcement agency that the victi m may contact about the status and 3 results of the kit analysis. 4 (b) An investigating law enforcement agency that receives a sexual assault 5 evidence collection kit, within 30 days after a request by the victim from whom the evidence 6 was collected, shall p rovide the victim with: 7 (1) information about the status of the kit analysis; and 8 (2) all available results of the kit analysis except results that would impede 9 or compromise an ongoing investigation. 10 (C) A SEXUAL ASSAULT EVIDE NCE COLLECTION KIT S HALL BE SUBMITTED 11 TO A FORENSIC LABORA TORY FOR ANALYSIS UNLESS : 12 (1) THERE IS CLEAR EVIDE NCE DISPROVING THE A LLEGATION OF 13 SEXUAL ASSAULT ; 14 (2) THE KIT CONTAINS AN INSUFFICIENT AMOUNT OF FORE NSIC 15 EVIDENCE TO ENABLE AN ANALYSIS TO BE PERFORMED ; 16 (3) THE VICTIM FROM WHOM THE EVIDEN CE WAS COLLECTED 17 DECLINES TO GIVE CONSENT FOR ANALYSIS ; OR 18 (4) (I) THE SUSPECT ’S IDENTITY IS NOT DI SPUTED ; 19 (II) THE SUSPECT ’S PROFILE IS CONTAINED IN THE COMBINED 20 DNA INDEX SYSTEM (CODIS) MAINTAINED BY THE FEDERAL BURE AU OF 21 INVESTIGATION ; AND 22 (III) THE SUSPECT HAS BEEN CONVICTED OF THE SEXUAL 23 OFFENSE THAT IS THE BASIS FOR THE SEXUAL ASSAULT EVIDENCE COL LECTION KIT 24 AND HAS EXHAUSTED AL L APPEALS . 25 (D) A VICTIM OF SEXUAL ASSAULT WHO W ISHES TO REMAIN ANON YMOUS 26 SHALL BE GIVEN THE O PTION TO CONSENT TO SUBMISSION OF THE VI CTIM’S SEXUAL 27 ASSAULT EVIDENCE COL LECTION KIT FOR ANALYSIS WITHOUT MAKING ANY 28 COMMITMENT TO TAKING FURTHER ACTION . 29 (E) EXCEPT AS PROVIDED IN SUBSECT ION (C) OF THIS SECTION , AN 30 INVESTIGATING LAW EN FORCEMENT AGENCY THA T RECEIVES A SEXUAL ASSAULT 31 EVIDENCE COLLECTION KIT SHALL : 32 HOUSE BILL 1076 3 (1) SUBMIT THE KIT TO A FORENSIC LABORA TORY FOR ANALYSIS 1 WITHIN 30 DAYS OF RECEIPT OF THE KIT ; 2 (2) NOTIFY THE VICTIM WH EN A KIT IS SENT FOR ANAL YSIS; 3 (3) NOTIFY THE VICTIM OF THE RESULTS OF THE A NALYSIS ; 4 (4) MAKE USE OF COMMUNIT Y–BASED SEXUAL ASSAULT VICTIM 5 SERVICE ORGANIZATION S THAT CAN PROVIDE S ERVICES AND SUPPORT TO 6 SURVIVORS OF SEXUAL ASSAULT ; AND 7 (5) ENSURE PRIVA CY PROTECTIONS FOR V ICTIMS IN CONNECTION 8 WITH NOTIFICATION PROCEDU RES. 9 (F) A FORENSIC LABORATORY THAT RECE IVES A SEXUAL ASSAUL T 10 EVIDENCE COLLECTION KIT FOR ANALYSIS SHA LL DETERMINE SUITABILIT Y AND 11 COMPLETE SCREENING , TESTING , AND ANALYSIS WITHIN 150 DAYS OF RECEIPT . 12 (G) THE ELIGIBLE RESULTS OF AN ANALYSIS OF A SEXUAL ASSAULT 13 EVIDENCE COLLECTION KIT SHALL BE ENTERED INTO CODIS. 14 (H) ON OR BEFORE JANUARY 1, 2018, EACH STATE AND LOCAL LAW 15 ENFORCEMENT AGENCY S HALL ADOPT WRITTEN P OLICIES AND PROCEDUR ES 16 REGARDING THE HANDLI NG OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS 17 CONSISTENT WITH THE PROVISIONS OF THIS S ECTION . 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 19 apply retroactively and shall be applied to and interpreted to affect all sexual assault 20 evidence collection kits in the possession of law enforcement agencies on the effective date 21 of this Act . 22 SECTION 3 . AND BE IT FURTHER ENACTED, That this Act shall take effect 23 October 1, 2017. 24
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Criminal Procedure - Sexual Assault Evidence Collection Kits - Analysis
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Authorizing a court order establishing an attorney's lien that attaches to a settlement providing only for the conveyance of real property to be recorded in the land records of a specified county; and authorizing a specified attorney's lien to be enforced and foreclosed in the same manner and subject to the same requirements as the foreclosure of specified mortgages or deeds of trust.
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the purpose of authorizing a court order establishing an attorney’s lien that attaches 4 to a settlement providing only for the conveyance of real proper ty to be recorded in 5 the land records of a certain county ; authorizing a certain attorney’s lien to be 6 enforced and foreclosed in the same manner and subject to the same requirements 7 as the foreclosure of certain mortgages or deeds of trust under certain c ircumstances ; 8 and generally relating to the enforcement of attorney’s liens. 9 BY repealing and reenacting, with amendments, 10 Article – Business Occupations and Professions 11 Section 10 –501 12 Annotated Code of Maryland 13 (2010 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 – Business Occupations and Professions 17 10–501. 18 (a) Subject to subsection (b) of this section, an attorney at law has a lien o n: 19 (1) a cause of action or proceeding of a client of the attorney at law from 20 the time the cause of action arises or the proceeding begins; and 21 (2) a settlement, judgment, or award that a client receives as a result of 22 legal services that the attorn ey at law performs. 23 2 HOUSE BILL 1077 (b) A lien under this section attaches only if, and to the extent that, under a 1 specific agreement between an attorney at law and a client, the client owes the attorney at 2 law a fee or other compensation for legal services that produc ed the settlement, judgment, 3 or award. 4 (c) A lien under this section is subordinate only to: 5 (1) a prior lien for wages due to an employee of the client for work related 6 to the settlement, judgment, or award; or 7 (2) a lien for taxes that the client owes the State. 8 (d) (1) An attorney at law may retain property subject to a lien under this 9 section and bring an action for execution under the lien only in accordance with rules that 10 the Court of Appeals adopts . 11 (2) IF A COURT ORDER ESTA BLISHES A LIEN UNDER THIS SECTION 12 THAT ATTACHES TO A S ETTLEMENT PROVIDING ONLY FOR THE CONVEYANCE O F 13 REAL PRO PERTY : 14 (I) THE ORDER MAY BE RECORDED IN T HE LAND RECORDS OF 15 THE COUNTY IN WHICH THE PROPERTY IS LOCA TED; AND 16 (II) THE LIEN MAY BE ENFORCED AND FORECLOSED BY THE 17 ATTORNEY AT LAW IN T HE SAME MANNER AND S UBJECT TO THE SAME 18 REQUIREMENTS AS THE FORECLOSURE OF M ORTGAGES OR DEEDS OF TRUST ON 19 PROPERTY IN THIS STATE CONTAINING A PO WER OF SALE OR AN AS SENT TO A 20 DECREE . 21 SECTIO N 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2017. 23
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Attorney's Liens - Settlement Providing for Conveyance of Real Property - Enforcement
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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 Board of County Commissioners of Washington County for the acquisition, development, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Hagerstown Urban Improvement Project, located in Washington 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 Board of Count y Commissioners of Washington 5 County for certain development or improvement purposes; providing for 6 disbursement of the loan proceeds, subject to a requirement that the grantee provide 7 and expend a matching fund; establishing a deadline for the encumbrance or 8 expenditure of the loan proceeds; and providing generally for the issuance and sale 9 of bonds evidencing 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 Washington County 14 – Hagerstown Urban Improvement Project Loan of 2017 in a total principal amount equal 15 to the lesser of (i) $200,000 or (ii) the amount of the matching 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 accordance w ith §§ 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 under § 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 funds 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 1078 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Board of County Commissioners of Washington County (referred to hereafter 2 in this Act as “the grantee”) for the acquisition, planning, design, construction, repair, 3 renovation, reconstruction, site improvement, and capital equipping of the Hagerstow n 4 Urban Improvement Project, located in Washington 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) above, the grantee shall provide and expend a ma tching 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 property, 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 amount of the 19 matching fund to the State Treasure r, 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 a nd 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 by this Act remain unexpended or unencumbered a fter 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 - Washington County - Hagerstown Urban Improvement Project
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Authorizing local jurisdictions to regulate the crossing by pedestrians of roadways between adjacent intersections at which traffic control signals are not in operation; and establishing a specified civil penalty for a violation.
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the purpose of authorizing local jurisdictions to regulate the crossing by pedestrian s 4 of roadways between adjacent intersections at whic h traffic control signals are not 5 in operation; and generally relating to the authority of local jurisdictions to regulate 6 the crossing by pedestrian s of roadways. 7 BY repealing and reenacting, without amendments, 8 Article – Transportation 9 Section 21 –503 10 Annotated Code of Maryland 11 (2012 Replacement Volume and 2016 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Transportation 14 Section 25 –102 15 Annotated Code of Maryland 16 (2012 Replacement Volume and 2016 Supplement) 17 SECTION 1. BE I T ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 Article – Transportation 20 21–503. 21 (a) If a pedestrian crosses a roadway at any point other than in a marked 22 crosswalk or in an unmarked crosswalk at an intersectio n, the pedestrian shall yield the 23 right–of–way to any vehicle approaching on the roadway. 24 2 HOUSE BILL 1079 (b) If a pedestrian crosses a roadway at a point where a pedestrian tunnel or 1 overhead pedestrian crossing is provided, the pedestrian shall yield the right –of–way to 2 any vehicle approaching on the roadway. 3 (c) Between adjacent intersections at which a traffic control signal is in operation, 4 a pedestrian may cross a roadway only in a marked crosswalk. 5 (d) A pedestrian may not cross a roadway intersection diagonal ly unless 6 authorized by a traffic control device for crossing movements. If authorized to cross 7 diagonally, a pedestrian may cross only in accordance with the traffic control device. 8 25–102. 9 (a) The provisions of the Maryland Vehicle Law do not prevent a local authority, 10 in the reasonable exercise of its police power, from exercising the following powers as to 11 highways under its jurisdiction: 12 (1) Subject to the provisions of § 21 –1003.1 of this article, regulating or 13 prohibiting the stopping, standing , or parking of vehicles; 14 (2) Regulating traffic by means of police officers or traffic control devices; 15 (3) Regulating or prohibiting processions or assemblies on highways; 16 (4) Designating particular highways or separate roadways as one –way 17 highw ays and requiring that all vehicles on them move in one specified direction; 18 (5) Regulating the speed and weight of vehicles in public parks; 19 (6) Designating any highway as a through highway or designating any 20 intersection as a stop intersection or a yield intersection; 21 (7) Restricting the use of highways as provided in Title 24 of this article; 22 (8) Regulating the operation of bicycles, requiring them to be registered, 23 and imposing a registration fee; 24 (9) Regulating or prohibiting the turning of vehicles or specified types of 25 vehicles at intersections; 26 (10) Altering speed limits as provided in Title 21, Subtitle 8 of this article; 27 (11) Regulating through truck traffic and prohibiting trucks from using any 28 highway or alley that is not des ignated or maintained as a part or extension of the State or 29 federal highway system, provided the local authority has designated an adequate alternate 30 route for diverted truck traffic; 31 HOUSE BILL 1079 3 (12) Adopting any other traffic regulations as specifically authoriz ed in the 1 Maryland Vehicle Law; 2 (13) Regulating taxi stands, including taxi stands in the middle of a block; 3 (14) (i) Except in Garrett County, designating a certain portion of 4 highways upon which snowmobiles may travel for the sole purpose of gaining access to 5 snowmobile trails. However, only those highways which divide snowmobile trails and which 6 would otherwise obstruct direct access between snowmobile trails may be so designated by 7 the local authority; and 8 (ii) In Garrett County, permitt ing a person to cross a highway on a 9 snowmobile at a right angle, and designating a certain portion of highways upon which 10 snowmobiles may travel for the sole purpose of gaining access to snowmobile trails; 11 (15) Requiring a motorized minibike to be perm itted by the local authority, 12 and imposing a permit fee; 13 (16) In Allegany County, designating crossings on county highways where a 14 person operating a golf cart may cross the highway for continued access to any portion of a 15 golf course; 16 (17) Restricti ng use of a low speed vehicle on a highway; 17 (18) Authorizing an emergency vehicle not subject to registration to operate 18 on a highway while performing an emergency service as defined in § 19 –103 of this article; 19 [and] 20 (19) Authorizing a person to cro ss a highway on an all –terrain vehicle at a 21 right angle to access a farm or to move from one part of a farm to another part of the same 22 farm; AND 23 (20) REGULATING THE CROSSING BY A PEDESTRIAN OF A ROADWAY 24 BETWEEN ADJACENT INT ERSECTIONS AT WHICH TRAFFIC C ONTROL SIGNALS ARE 25 NOT IN OPERATION . 26 (b) (1) Unless it first obtains written approval from the State Highway 27 Administration, a local authority may not place or maintain any stop sign or traffic control 28 signal that requires the traffic on any State highwa y to stop before entering or crossing any 29 intersecting highway. 30 (2) Unless it first obtains written permission from the State Highway 31 Administration, a local authority may not place or maintain lighting along or at an 32 intersection with a State highway. 33 4 HOUSE BILL 1079 (c) An ordinance or regulation adopted under items (4), (5), (6), (7), or (10) of 1 subsection (a) of this section is not effective until a traffic control device giving notice of the 2 local traffic regulations is placed on or at the entrances to the highwa y or its affected part. 3 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2017. 5
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Roadways - Crossing by Pedestrians of Roadways - Authority of Local Jurisdictions
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Requiring the Animal Control Division of the Department of Emergency Services and Technology in the St. Mary's County government, rather than the county tax collector, to perform specified duties relating to the issuance and replacement of dog licenses and dog tags; and requiring the general shape of dog tags to remain unchanged from year to year.
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the purpose of altering the person in the St. Mary’s County government that is 3 required to perform certain duties relating to dog licenses and dog tags ; requiring 4 the general shape of dog tags to remain unchanged from year to year ; and generally 5 relating to the regulation of dogs in St. Mary’s County. 6 BY repealing and reenacting, with amendments, 7 Article – Local Government 8 Section 13 –129(a) and (b) 9 Annotated Code of Maryland 10 (2013 Volume and 2016 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Local Government 14 13–129. 15 (a) (1) In St. Mary’s County, on or bef ore June 30 of each year, a person owning 16 or keeping a dog shall apply to the [county tax collector ] ANIMAL CONTROL DIVISION OF 17 THE DEPARTMENT OF EMERGENCY SERVICES AND TECHNOLOGY for a license for the 18 dog if the dog is at least 6 months old. 19 (2) At the time of application, the applicant shall pay the fee for a dog or 20 kennel license set by the County Commissioners of St. Mary’s County. 21 (3) (i) The county commissioners shall appoint agents to collect dog and 22 kennel license fees that are not paid by Aug ust 1 of each year. 23 2 HOUSE BILL 108 (ii) A penalty of $1.00 per license shall be assessed against dog 1 owners whose dog or kennel license fees are not paid by August 1 each year. 2 (4) Except as provided in § 13 –108 of this subtitle, the licenses and fees 3 required und er this section shall be the only licenses and fees required for owning or 4 keeping a dog. 5 (5) The county commissioners shall prepare and supply the form for a 6 license issued under this subsection. 7 (6) A dog license shall contain the date of issuance, a serial number, and a 8 description of the dog licensed. 9 (7) A license expires on June 30 of the year after issuance. 10 (b) (1) In St. Mary’s County, the [county tax collector ] ANIMAL CONTROL 11 DIVISION OF THE DEPARTMENT OF EMERGENCY SERVICES AND TECHNOLOGY shall 12 issue a tag with each dog license to a person owning or keeping a dog when the person pays 13 the license fee for the dog. 14 (2) The County Commissioners of St. Mary’s County shall prepare and 15 supply tags to the [county tax collector ] ANIMAL CONTROL DIVISION OF THE 16 DEPARTMENT OF EMERGENCY SERVICES AND TECHNOLOGY each year. 17 (3) The tags shall be: 18 (i) composed of metal; 19 (ii) imprinted with a serial number corresponding to the number on 20 the license issued to the owner under subsection (a) of this section; 21 (iii) imprinted with the calendar year for which the tag is issued; 22 (iv) 1 inch or less in length; and 23 (v) equipped with a substantial metal fastener. 24 (4) The [county commissioners shall change the ] general shape of the tags 25 [each year ] SHALL REMAIN UNCHANG ED FROM YEAR TO YEAR . 26 (5) Tags supplied to owners of kennels shall contain the word “kennel”. 27 (6) The person owning or keeping a dog shall attach the tag to a substantial 28 collar and keep the collar and tag on the dog for which the license was issued at all times, 29 except when the dog is: 30 HOUSE BILL 108 3 (i) confined in a kennel; or 1 (ii) hunting under the charge of an attendant. 2 (7) The [county tax collector ] ANIMAL CONTROL DIVISION OF THE 3 DEPARTMENT OF EMERGENCY SERVICES AND TECHNOLOGY shall replace a lost tag 4 on: 5 (i) application by the person to whom the original license was 6 issued; 7 (ii) the production of the license; and 8 (iii) payment of a fee of 25 cents. 9 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 October 1, 2017. 11
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St. Mary's County - Regulation of Animals - Dogs
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Requiring each county board of education to receive from the State a supplemental prekindergarten grant beginning in fiscal year 2019; establishing a formula for the calculation of the grant to each county; requiring the State to distribute a specified grant at the same time as the distribution of other specified funds; requiring the State to first use the Education Trust Fund for the grants; requiring general funds to be used if there are insufficient funds in the Trust Fund to provide the specified required funds; etc.
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the purpose of requiring each county board of education to receive from the State a 3 supplemental prekindergarten grant beginning in a certain fiscal year; establishing 4 a certain formula for the calculation of the amount of the grant to each county; 5 requiring the State to distribute a certain grant at the same time as the distribution 6 of other certain funds; requiring the State to first use special funds from the 7 Educatio n Trust Fund for the grants; requiring general funds to be used under a 8 certain circumstance; requiring each county board to admit certain children free of 9 charge for a certain length of the day by a certain school year; requiring county 10 boards to include certain information in a certain master plan ; repealing a certain 11 requirement for local departments of social services and local health departments; 12 altering the use of certain grant awards; requiring funds in the Education Trust 13 Fund to be allocated in a certain order; defining certain terms; providing for the 14 applica tion of th is Act; and generally relating to prekindergarten. 15 BY adding to 16 Article – Education 17 Section 5 –218 18 Annotated Code of Maryland 19 (2014 Replacement Volume and 2016 Supplement) 20 BY repealing and reenacting, with amendments, 21 Article – Education 22 Section 7 –101.1 and 7 –101.2(b) (4)(iv) 23 Annotated Code of Maryland 24 (2014 Replacement Volume and 2016 Supplement) 25 BY repealing and reenacting, without amendments, 26 Article – Education 27 Section 7–101.2(a) (1), (2), and (3) and (b)(1) 28 2 HOUSE BILL 1080 Annotated Code of Maryland 1 (2014 Replacement Volume and 2016 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – State Government 4 Section 9 –1A–30 5 Annotated Code of Maryland 6 (2014 Replacement Volu me and 2016 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – Education 10 5–218. 11 (A) IN THIS SECTION , “ELIGIBLE CHILD ” HAS THE MEANING STAT ED IN § 12 7–101.1 OF THIS ARTICLE . 13 (B) BEGINNING IN FISCAL Y EAR 2019, EACH COUNTY BOARD SH ALL 14 RECEIVE FROM THE STATE A SUPPLEMENTAL PREKI NDERGARTEN GRANT BASED ON 15 THE NUMBER OF FULL–TIME EQUIVALENT ELIGIBLE CHILDREN ENROLLED IN 16 PREKINDERGARTEN IN THE COUNTY ON SEPTEMBER 30 OF THE PRIO R SCHO OL 17 YEAR . 18 (C) FOR EACH COUNTY , THE SUPPLEMENTAL PRE KINDERGARTEN GRANT 19 SHALL BE THE STATE SHARE OF THE PE R PUPIL FOUNDATION A MOUNT FOR EACH 20 FULL–TIME EQUIVALENT ELIGIBLE CHILD MULTIPLIED BY 0.5. 21 (D) THE STATE SHALL DISTRIBUT E THE SUPPLEMENTAL 22 PREKINDERGARTEN GRAN T AT THE SAME TIME T HE STATE DISTRIBUTES FUN DS TO 23 COUNTY BOARDS UNDER THIS SUBTITLE . 24 (E) (1) THE STATE SHALL FIRST USE SPECIAL FUNDS FROM T HE 25 EDUCATION TRUST FUND ESTABLISHED UNDE R § 9–1A–30 OF THE STATE 26 GOVERNMENT ARTIC LE TO PROVIDE THE SU PPLEMENTAL PREKINDER GARTEN 27 GRANT . 28 (2) IF THERE ARE INSUFFIC IENT FUNDS IN THE EDUCATION TRUST 29 FUND TO PROVIDE THE FUNDS REQUIRED UNDER THIS SECTION , THEN GENERAL 30 FUNDS SHALL BE USED TO SUPPLEMENT THE SP ECIAL FUNDS . 31 7–101.1. 32 (a) [(1)] In this section [the following terms have the meanings indicated. 33 HOUSE BILL 1080 3 (2) “Economically disadvantaged background” means a family whose 1 income would make a child eligible for free or reduced price meals if the child were in 2 kindergarten. 3 (3) “Eligible ], “ELIGIBLE child” means a child: 4 [(i)] (1) [Who is from an economically disadvantaged background; 5 (ii)] Whose parent or guardian seeks to enroll the child in a public 6 prekindergarten program; and 7 [(iii)] (2) Who is 4 years old on September 1 of the school year in 8 which the parent or legal guardian seeks to enroll the child in a public prekindergarten 9 program. 10 [(4) “Eligible for free or reduced price meals” means eligible for free or 11 reduced price meals based on eligibility requirements esta blished by the United States 12 Department of Agriculture. ] 13 (b) By the [2007 –2008] 2018–2019 school year, all eligible children shall be 14 admitted free of charge to AT LEAST A HALF –DAY OF publicly funded prekindergarten 15 programs established by each of the co unty boards. 16 (c) [(1) A local department of social services or a local health department shall 17 provide a parent or guardian with an oral and written notice that their child may be eligible 18 for publicly funded prekindergarten programs if the parent or gua rdian: 19 (i) Applied for economic services with the local department of social 20 services or the local health department; and 21 (ii) Has a child who will be 4 years old on September 1 of the next 22 academic year. 23 (2) The notice required under paragraph (1) of this subsection shall include 24 contact information for the enrollment office of the local school system and the Division of 25 Early Childhood Development in the Department. 26 (3) On or before December 1 of each year, each local department of social 27 services and each local health department shall report to the General Assembly, in 28 accordance with § 2 –1246 of the State Government Article, on the number of parents who 29 were given a notification and subsequently enrolled their child in a publicly funded 30 prekindergarten program. 31 4 HOUSE BILL 1080 (d)] The requirements set forth in § 7 –101(b) of this subtitle regarding the domicile 1 of a child and the residency of the child’s parent or guardian shall apply to prekindergarten 2 programs established by county boards as required by this section. 3 [(e)] (D) In the comprehensive master plan that is submitted under § 5 –401 of 4 this article, a county board shall identify the strategies that will be used in that county to 5 ensure that publicly funded prekindergarten programs are available to all eligible children 6 in that county by the [2007 –2008] 2018–2019 school year. 7 7–101.2. 8 (a) (1) In this section the following terms have the meanings indicated. 9 (2) “Additional eligible child” means a child: 10 (i) Who is from an economically disadvantaged background; 11 (ii) Whose parent or legal guardian seeks to enroll the child in a 12 publicly funded prekindergarten program established under this section; and 13 (iii) Who is 4 years old on September 1 of the school year in which the 14 parent or legal guardian seeks to enroll the child in a publicly funded prekindergarten 15 program established under this section. 16 (3) “Economically disadvantaged background” means a family whose 17 income is no more than 300% of the federal poverty guidelines. 18 (b) (1) There is a grant program known as the Prekindergarten Expansion 19 Grant Program in the State. 20 (4) (iv) Prekindergarten Expansion Grants may be used to expand 21 prekindergarten services, including: 22 1. [Establishing or expanding existing half –day 23 prekindergarten for additional eligible children as defined in this section; 24 2. Establishing or expanding full –day prekindergarten for 25 eligible children as defined in § 7 –101.1 of this subtitle or additional eligible children as 26 defined in this section ; 27 3.] Establishing or expanding existing Judy Centers for the 28 families of eligible children as defined in § 7 –101.1 of this subtitle or additional eligible 29 children as defined in this section who are located in Title I school attendance areas; and 30 HOUSE BILL 1080 5 [4.] 2. Expanding existing half –day prekindergarten 1 programs into full –day prekindergarten programs for eligible children as defined in § 2 7–101.1 of this subtitle or additional eligible children as defined in this section. 3 Article – State Government 4 9–1A–30. 5 (a) There is an Education Trust Fund which is a special, nonlapsing fund that is 6 not subject to § 7 –302 of the State Finance and Procurement Article. 7 (b) (1) There shall be credited to the Education Trust Fund all proceeds 8 allocated to the Fund under § 9 –1A–27 of this subtitle. 9 (2) Money in the Education Trust Fund shall be invested and reinvested 10 by the Treasurer, and interest and earnings shall accrue to the Fund. 11 (c) (1) [Money ] FIRST , MONEY in the Education Trust Fund shall be used 12 to[:] PROVIDE FUNDS TO PUBLIC EARLY CHILDHO OD EDUCATION PROGRAM S IN THE 13 STATE IN ACCORDANCE W ITH § 5–218 OF THE EDUCATION ARTICLE . 14 (2) AFTER THE DISTRIBUTION SPECIFIE D IN PARAGRAPH (1) OF THIS 15 SUBSECTION , MONEY IN THE EDUCATION TRUST FUND SHALL BE USED TO: 16 [(1)] (I) provide funding for public elementary and secondary education, 17 through continuation of the funding and formulas established under the programs 18 commonly known as the Bridge to Excellence in Public Schools Act, first enacted by Chapter 19 288 o f the Acts of the General Assembly of 2002, including the funding for regional 20 differences in the cost of education under § 5 –202(f) of the Education Article; 21 [(2)] (II) provide funds to construct public school buildings and provide 22 public school capital improvements in accordance with §§ 5 –301 through 5 –303 of the 23 Education Article; AND 24 [(3)] (III) provide funds for capital projects at community colleges and 25 public senior higher education institutions [; and 26 (4) provide funds to expand public early childhood education programs in 27 the State ]. 28 (d) Expenditures from the Education Trust Fund shall be made each fiscal year 29 in accordance with the State budget. 30 SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect July 31 1, 2017 , and shall be applicable beginning with the 2018 –2019 school year . 32
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Education - Universal Prekindergarten - Established
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Altering the membership of the Correctional Officers' Retirement System to include specified individuals serving in specified positions in the Department of Public Safety and Correctional Services; providing that specified members of the Correctional Officers' Retirement System who meet specified criteria may receive a normal service retirement allowance that is based on specified creditable service; etc.
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the purpose of altering the membership of the Correctional Officers’ Retirement 3 System to include certain individuals serving in certain positions in the Department 4 of Public Safety and Correctional Services and the Department of Juvenile Services; 5 providing that certain members of the Correctional Officers’ Retirement System who 6 meet certain criteria may receive a normal service retirement allowance that is based 7 on certain creditable service; requiring the State Retirement Agency, on or before a 8 certain date, to notify certain individuals affected by this Act of their rights to 9 transfer certain service credit to the Correctional Officers’ Retirement System; and 10 generally relating to membership in the Correctional Officers’ Retirement System. 11 BY repealing and reenacting, with amendments, 12 Article – State Personnel and Pensions 13 Section 25 –201 and 25 –401 14 Annotated Code of Maryland 15 (2015 Replacement 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 – State Personnel and Pensions 19 25–201. 20 (a) Except as provided in subsection (b) o f this section, this subtitle applies only 21 to: 22 (1) correctional officers serving in any of the first six job classifications; 23 (2) security attendants at Clifton T. Perkins Hospital Center; 24 2 HOUSE BILL 1081 (3) a detention center officer employed by a participating governmental 1 unit that on or after July 1, 2006, has elected to participate in the Correctional Officers’ 2 Retirement System; 3 (4) an individual serving as a correctional dietary, maintenance, laundry, 4 or supply officer; 5 (5) an individual serving as a Maryland Correctional Enterprises officer, 6 officer trainee, plant supervisor, plant manager, or regional manager; 7 (6) a correctional officer serving as a security chief, a facility administrator, 8 an assistant warden, or a warden who: 9 (i) begins employment in that position on or after July 1, 2014; or 10 (ii) is serving in that position on June 30, 2014, and elects to transfer 11 to the Correctional Officers’ Retirement System from: 12 1. the Employees’ Pension System on or before December 31, 13 2014; or 14 2. the Employees’ Retirement System on or before December 15 31, 2015; [and] 16 (7) an individual serving as a correctional case management specialist, 17 supervisor, or manager on or after July 1, 2016 ; 18 (8) AN INDIVIDUAL SERVIN G AS A PAROLE AND PR OBATION AGENT , 19 SUPERVISOR , OR REGIONAL ADMINIST RATOR ON OR AFTER JULY 1, 2017; AND 20 (9) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE 21 SERVICES EMPLOYEE IN ONE OF THE FOLLOWING POSITIONS ON OR AFTE R JULY 1, 22 2017: 23 (I) AN ALCOHOL AND DRUG : 24 1. ASSOCIATE COUNSELOR , COUNSELOR PROVISIONA L, 25 OR COUNSELOR LEAD ; 26 2. PROFESSIONAL COUNSEL OR ADVANCED , COUNSELOR 27 PROVISIONAL , OR COUNSELOR SUPERVI SOR; OR 28 3. SUPERVISED COUNSELOR ; 29 HOUSE BILL 1081 3 (II) A CASE MANAGEMENT SP ECIALIST , SPECIALIST 1 SUPERVISOR , OR PROGRAM SUPERVISOR ; 2 (III) A COORDINATOR OF REC REATION ; 3 (IV) A DETENTION OFFICER OR SUPERVISOR ; 4 (V) A PROGRAM ADMINISTRA TOR; 5 (VI) A PSYCHOLOGIST , PSYCHOLOGY ASSOCIATE , OR 6 PSYCHOLOGY SERVICE C HIEF ; 7 (VII) A RESIDENT ADVISOR , ADVISOR LEAD , ADVISOR 8 SUPERVISOR , OR ADVISOR TRAINEE ; 9 (VIII) A RESIDENT YOUTH CEN TER COOK OR COOK LEA D; 10 (IX) A RESIDENTIAL GROUP LIFE MANAGER ; 11 (X) A SOCIAL WORKER , SOCIAL WORKER ADVANC ED, OR SOCIAL 12 WORK REGIONAL SUPERV ISOR ; 13 (XI) A YOUTH RECREATION SPECIALIST ; OR 14 (XII) A YOUTH TRANSPORTATI ON OFFICER , OFFICER LEAD , 15 OFFICER SUPERVISOR , OR OFFICER TRAINEE . 16 (b) This subtitle does not apply to: 17 (1) an employee of the Baltimore City Jail as of June 30, 1991, who: 18 (i) became an employee of the Baltimore City Detention Center on 19 July 1, 1991; and 20 (ii) did not elect to become a member of the Correctional Officers’ 21 Retirement System on that date; 22 (2) a detention center officer employed by a participating governmental 23 unit as a local detentio n center officer on the effective date of participation on or after July 24 1, 2006, who did not elect to become a member of the Correctional Officers’ Retirement 25 System within 6 months of the effective date of participation; or 26 (3) a correctional officer serving as a security chief, a facility administrator, 27 an assistant warden, or a warden who is in that position on June 30, 2014, and does not 28 elect to transfer membership to the Correctional Officers’ Retirement System from: 29 4 HOUSE BILL 1081 (i) the Employees’ Pension System on or before December 31, 2014; 1 or 2 (ii) the Employees’ Retirement System on or before December 31, 3 2015. 4 25–401. 5 (a) A member may retire with a normal service retirement allowance if: 6 (1) on or before the date of retirement, the member: 7 (i) has at least 20 years of eligibility service; 8 (ii) 1. is a correctional case management specialist, supervisor, 9 or manager on or before June 30, 2016; 10 2. is vested in the Correctional Officers’ Retirement System; 11 and 12 3. has a combined total of at least 20 years of eligibility 13 service from: 14 A. the Correctional Officers’ Retirement System and the 15 Employees’ Retirement System; or 16 B. the Correctional Officers’ Retirement System and the 17 Employees’ Pension System; [or] 18 (III) 1. IS SERVING IN A POSI TION SPECIFIED IN § 19 25–201( A)(8) OR (9) OF THIS TITLE ON OR BEFORE JUNE 30, 2017; 20 2. IS VESTED IN THE CORRECTIONAL OFFICERS ’ 21 RETIREMENT SYSTEM ; AND 22 3. HAS A COMBINED TOTAL OF AT LEAST 20 YEARS OF 23 ELIGIBILITY SERVICE FROM : 24 A. THE CORRECTIONAL OFFICERS ’ RETIREMENT 25 SYSTEM AND THE EMPLOYEES ’ RETIREMENT SYSTEM ; OR 26 B. THE CORRECTIONAL OFFICERS ’ RETIREMENT 27 SYSTEM AND THE EMPLOYEES ’ PENSION SYSTEM ; OR 28 [(iii)] (IV) is at least 55 years old and has: 29 HOUSE BILL 1081 5 1. at least 5 year s of eligibility service credit, if the member 1 is a member on or before June 30, 2011; or 2 2. at least 10 years of eligibility service credit, if the member 3 becomes a member on or after July 1, 2011; and 4 (2) the member completes and submits a writte n application to the Board 5 of Trustees stating the date when the member desires to retire. 6 (b) On retirement under this section, a member is entitled to receive a normal 7 service retirement allowance that equals one fifty –fifth of the member’s average fin al 8 compensation multiplied by the number of years of creditable service. 9 (c) (1) This subsection applies only to : 10 (I) a correctional case management specialist, supervisor, or 11 manager who has a combined total of 20 years of eligibility service as pro vided in subsection 12 (a)(1)(ii) of this section ; OR 13 (II) A MEMBER SERVING IN A POSITION SPECIFIED IN § 14 25–201( A)(8) OR (9) OF THIS TITLE WHO HA S A COMBINED TOTAL O F 20 YEARS OF 15 ELIGIBILITY SERVICE AS PROVIDED IN SUBSE CTION (A)(1)( III) OF THIS SECTION . 16 (2) A member is entitled to receive a normal service retirement allowance 17 that equals an allowance based on the creditable service the member has in the 18 Correctional Officers’ Retirement System. 19 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2017, 20 the State Retirement Agency shall notify the individuals who are affected by this Act of 21 their right to transfer service credit from the Employees’ Retirement System or the 22 Employees’ Pension System to the Correctional Officers’ Retiremen t System. 23 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24 1, 2017. 25
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Correctional Officers' Retirement System - Membership
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Requiring a county board of education to consult with the county superintendent of schools before any change in the hiring or termination of personnel in connection with a school health services program; requiring specified programs established by the State Board of Education to include instruction on heroin and opioid addiction and prevention, including information on the lethal effect of fentanyl; prohibiting specified personnel from being held personally liable under specified circumstances; etc.
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the purpose of requiring the State Court Administrator of the Administrative Office 4 of the Courts to assess certain drug court programs to make certain determinations; 5 requiring the Governor to appropriate certain funds to certain agencies in a certain 6 fiscal year for certain purposes; requiring certain agencies to disburse certain grants 7 based on certain factor s; altering the name of a certain program; requiring the State 8 Board of Education to establish certain standards for an altered training 9 requirement; requiring the drug addiction and prevention education program to 10 include certain instruction related to he roin and opioid addiction and prevention; 11 requiring the instruction to be delivered in certain grade bands and as a certain unit; 12 requiring certain county boards of education and certain institutions of higher 13 education to establish certain policies; requi ring a certain policy to authorize certain 14 school nurses to administer naloxone or certain other medications to a student who 15 is determined to be suffering from a certain condition; requiring certain policies to 16 include certain training, procedures, and pr ovisions; prohibiting certain nurses, 17 campus police, and health personnel from being held personally liable under certain 18 circumstances; requiring certain county boards of education to hire certain officials; 19 requiring certain county boards to coordinate w ith certain counties to hire certain 20 officials; requiring certain officials to perform certain duties; requiring certain public 21 schools to submit certain reports to the State Department of Education under certain 22 circumstances; requiring the Department to develop and disseminate a certain form; 23 requiring certain policies to require certain students to participate in certain 24 training and to require certain institutions to obtain and store naloxone or certain 25 other medications to be used under certain circums tances; providing for the 26 application of certain provisions of this Act; and generally relating to policies that 27 address heroin and opioid addiction and prevention. 28 BY repealing and reenacting, without amendments, 29 Article – Courts and Judicial Proceedings 30 2 HOUSE BILL 1082 Section 13 –101(a) 1 Annotated Code of Maryland 2 (2013 Replacement Volume and 2016 Supplement) 3 BY adding to 4 Article – Courts and Judicial Proceedings 5 Section 13 –101.1 6 Annotated Code of Maryland 7 (2013 Replacement Volume and 2016 Supplement) 8 BY repealing and reenacting, with amendments, 9 Article – Education 10 Section 7 –411 11 Annotated Code of Maryland 12 (2014 Replacement Volume and 2016 Supplement) 13 BY adding to 14 Article – Education 15 Section 7 –426.5; and 11 –1201 through 11 –1203 to be under the new s ubtitle 16 “Subtitle 12. Heroin and Opioid Addiction and Prevention” 17 Annotated Code of Maryland 18 (2014 Replacement Volume and 2016 Supplement) 19 Preamble 20 WHEREAS, Heroin and opioid –related addiction and deaths are an epidemic of 21 immense proportion in the State; and 22 WHEREAS, Opioids kill, and still they are in every county, city, community, and 23 school in the State; and 24 WHEREAS, The Department of Health and Mental Hygiene reports that 25 heroin –related deaths tripled in Maryland from 2011 to 2015, with 247 fatal overdoses in 26 2011 to 748 fatal overdoses in 2015; and 27 WHEREAS, Maryland is the fifth worst state in the country for heroin and 28 opioid –related deaths; and 29 WHEREAS, Maryland is the fifth best state in the country for public education; and 30 WHER EAS, Many addictions begin during the teenage years when teenagers gain 31 access to prescriptions intended for family or friends; and 32 WHEREAS, Many parents and family members are unaware of how pervasive this 33 epidemic has become; and 34 HOUSE BILL 1082 3 WHEREAS, Maryland st udents, families, educators, law enforcement, and public 1 health officials need to “Start Talking” in a widespread and organized way about this 2 epidemic in order to empower communities to support extensive prevention and recovery 3 efforts; and 4 WHEREAS, Mar yland can no longer pretend that the stories reported by the press 5 are not in our own backyards; now, therefore, 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That the Laws of Maryland read as follows: 8 Article – Courts and Judicial Proce edings 9 13–101. 10 (a) There is an Administrative Office of the Courts, headed by the State Court 11 Administrator. The Administrator is appointed by and holds office during the pleasure of 12 the Chief Judge of the Court of Appeals of Maryland. The Administrator shall have the 13 compensation provided in the State budget. The Administrative Office of the Courts shall 14 have a seal in the form the Chief Judge of the Court of Appeals approves. The courts of the 15 State shall take judicial notice of the seal. 16 13–101.1. 17 (A) THE STATE COURT ADMINISTRATOR SHALL A SSESS DRUG COURT 18 PROGRAMS IN CIRCUIT COURTS , INCLUDING JUVENILE C OURTS , AND THE DISTRICT 19 COURT TO DETERMINE HO W TO INCREASE THESE PROGRAMS IN A MANNER 20 SUFFICIENT TO MEET E ACH COUNTY ’S NEEDS . 21 (B) (1) FOR FISCAL YEA R 2019, THE GOVERNOR SHALL INCLUD E AN 22 APPROPRIATION OF AT LEAST $2,000,000 IN GENERAL FUNDS IN THE STATE 23 BUDGET FOR THE ADMINISTRATIVE OFFICE OF THE COURTS FOR THE PURPOS E OF 24 AWARDING GRANTS TO E XPAND THE SCOPE OF D RUG COURT PROGRAMS D ESCRIBED 25 UNDER SUBSEC TION (A) OF THIS SECTION . 26 (2) THE STATE COURT ADMINISTRATOR SHALL D ISBURSE THE 27 GRANTS AUTHORIZED UN DER PARAGRAPH (1) OF THIS SUBSECTION B ASED ON THE 28 POPULATION OF THE CO UNTY , TO CIRCUIT COURTS , INCLUDING JUVENILE C OURTS , 29 AND THE DISTRICT COURT . 30 Article – Education 31 7–411. 32 4 HOUSE BILL 1082 (a) The State Board shall develop and implement a program of drug ADDICTION 1 AND PREVENTION education in the public schools. 2 (b) (1) [This] EXCEPT AS PROVIDED IN SUBSECTION (C)(2) OF THIS 3 SECTION , THIS program shall be started befor e the sixth grade in each public school by 4 teachers who are trained in the field of drug education. 5 (2) The State Board shall establish standards for determining how a 6 teacher is considered to be “trained in the field of drug ADDICTION AND PREVEN TION 7 education” for the purposes of this section. 8 (C) (1) THE PROGRAM SHALL INC LUDE INSTRUCTION REL ATED TO 9 HEROIN AND OPIOID AD DICTION AND PREVENTI ON. 10 (2) THE INSTRUCTION REQUI RED UNDER PARAGRAPH (1) OF THIS 11 SUBSECTION SHALL BE : 12 (I) DELIVERED IN GRADE BANDS AS FOLLOWS : 13 1. THIRD GRADE THROUGH FIFTH GRADE ; 14 2. SIXTH GRADE THROUGH E IGHTH GRADE ; AND 15 3. NINTH GRADE THROUGH T WELFTH GRADE ; AND 16 (II) A STAND–ALONE UNIT IN THE PR OGRAM . 17 [(c)] (D) This program shall be coordinated with other St ate agencies that are 18 responsible for drug abuse education and control. 19 7–426.5. 20 (A) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y FOR PUBLIC 21 SCHOOLS WITHIN ITS J URISDICTION TO AUTHO RIZE THE SCHOOL NURS E TO 22 ADMINISTER NALOXONE OR OTHER OVERDOSE –REVERSING M EDICATION TO A 23 STUDENT WHO IS DETER MINED TO BE SUFFERIN G FROM A NARCOTIC OV ERDOSE . 24 (B) THE POLICY ESTABLISHE D UNDER SUBSECTION (A) OF THIS SECTION 25 SHALL INCLUDE : 26 (1) TRAINING FOR SCHOOL N URSES ON HOW TO RECO GNIZE THE 27 SYMPTOMS OF A NARCOT IC OVERDOSE ; 28 HOUSE BILL 1082 5 (2) PROCEDURES FOR THE AD MINISTRATION OF NALO XONE OR 1 OTHER OVERDOSE –REVERSING MEDICATION S; 2 (3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 3 (4) A PROVISION REQUIRING ALL PUBLIC SCHOOLS T O OBTAIN AND 4 STORE AT THE PUBLIC SCHOOL NALOXONE OR O THER OVERDO SE–REVERSING 5 MEDICATION TO BE USE D IN AN EMERGENCY SI TUATION ; AND 6 (5) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND 7 IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 8 OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF E ACH 9 SCHOOL YEAR . 10 (C) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT , A SCHOOL 11 NURSE WHO HAS BEEN T RAINED UNDER SUBSECT ION (B)(1) OF THIS SECTION AND 12 WHO RESPONDS IN GOOD FAITH TO THE OVERDOS E EMERGENCY OF A STU DENT IN 13 ACCORDANCE WITH THIS SECTION MAY NOT BE HELD PERSONAL LY LIABLE FOR ANY 14 ACT OR OMISSION IN T HE COURSE OF RESPOND ING TO THE EMERGENCY . 15 (D) (1) (I) SUBJECT TO THE PROVIS IONS OF SUBPARAGRAPH (II) OF 16 THIS PARAGRAPH , FOR EVERY 50,000 STUDENTS ENROLLED IN THE PUBLIC 17 SCHOOLS OF A COUNTY , THE CO UNTY BOARD , IN COOPERATION WITH THE LOCAL 18 HEALTH DEPARTMENT , SHALL HIRE A COMMUNI TY ACTION OFFICIAL . 19 (II) FOR A COUNTY THAT HAS FEWER THAN 50,000 STUDENTS 20 ENROLLED IN THE PUBL IC SCHOOLS OF THE CO UNTY , THE COUNTY BOARD SHA LL 21 COORDINATE WITH NEIG HBORING COUNTIES , IN COOPERATION WITH THE LOCAL 22 HEALTH DEPARTMENT IN EACH COUNTY , TO ESTABLISH REGIONA L COMMUNITY 23 ACTION OFFICIALS . 24 (2) A COMMUNITY ACTION OFF ICIAL SHALL : 25 (I) BE ASSIGNED TO SPECIF IC MIDDLE AND HIGH S CHOOLS IN 26 THE COUNTY ; 27 (II) COORDINATE SCHOOL –BASED COMMUNITY FORU MS, IN 28 COOPERATION WITH LOC AL LAW ENFORCEMENT O FFICIALS ; AND 29 (III) CONDUCT PUBLIC RELATI ONS EFFORTS THAT INC LUDE THE 30 FOLLOWING : 31 1. PARENT CONTACT ; 32 6 HOUSE BILL 1082 2. ELECTRONIC MEDIA ; AND 1 3. PUBLIC SERVICE ANNOUN CEMENTS . 2 (E) (1) FOR FISCAL YEAR 2019, THE GOVERNOR SHALL INCLUD E AN 3 APPROPRIATION OF AT LEAST $3,000,000 IN GENERAL FUNDS IN THE STATE 4 BUDGET FOR THE DEPARTMENT FOR THE PU RPOSE OF AWARDING GR ANTS TO 5 COUNTY BOARDS TO IMP LEMENT THE POLICY AN D CONDUCT THE TRAINI NG 6 REQU IRED UNDER THIS SECT ION. 7 (2) THE DEPARTMENT SHALL DISB URSE THE GRANTS AUTH ORIZED 8 UNDER PARAGRAPH (1) OF THIS SUBSECTION B ASED ON THE ENROLLME NT COUNT 9 OF STUDENTS IN PUBLI C SCHOOLS IN THE STATE FOR THE PRIOR F ISCAL YEAR . 10 (F) (1) EACH PUBLIC SCHOOL SH ALL SUBMIT , ON THE FORM THAT THE 11 DEPARTMENT REQUIRES , A REPORT TO THE DEPARTMENT ON EACH IN CIDENT AT 12 THE SCHOOL OR AT A R ELATED SCHOOL EVENT THAT REQUIRED THE US E OF 13 NALOXONE OR OTHER OV ERDOSE –REVERSING MEDICATION . 14 (2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE A 15 STANDARD FORM TO REP ORT EACH INCIDENT RE QUIRING THE USE OF N ALOXONE 16 OR OTHER OVERDOSE –REVERSING MEDICATION AT A PUBLIC SCHOOL . 17 SUBTITLE 12. HEROIN AND OPIOID ADDICTION AND PREVENTION . 18 11–1201. 19 THIS SUBTITLE APPLIES ONLY TO INSTITUTIONS OF HIGHER EDUCATION IN 20 THE STATE THAT RECEIVE OP ERATING OR CAPITAL F UNDING FROM THE STATE . 21 11–1202. 22 (A) EACH INSTITUTION OF H IGHER EDUCATION SHAL L ESTABLISH A POLICY 23 THAT ADDRESSES HEROI N AND OPIOID ADDICTI ON AND PREVENTION . 24 (B) THE POLICY ESTABLISHE D UNDER THIS SUBTITLE SHALL REQUIRE : 25 (1) INCOMING STUDENTS TO PARTICIPATE IN HEROI N AND OPIOID 26 ADDICTION AND PREVEN TION AWARENESS TRAIN ING; AND 27 HOUSE BILL 1082 7 (2) EACH INSTITUTION TO O BTAIN AND STORE AT T HE INSTITUTION 1 NALOXONE OR OTHER OV ERDOSE –REVERSING MEDICATION TO BE USED IN AN 2 EMERGENCY SITUATION . 3 11–1203. 4 (A) THE POLICY ESTABLISHE D UNDER THIS SUBTITL E SHALL INCLUDE : 5 (1) TRAINING FOR CAMPUS P OLICE AND HEALTH PER SONNEL ON 6 HOW TO RECOGNIZE THE SYMPTOMS OF A NARCOT IC OVERDOSE ; 7 (2) PROCEDURES FOR THE AD MINI STRATION OF NALOXONE OR 8 OTHER OVERDOSE –REVERSING MEDICATION S; 9 (3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; AND 10 (4) A REQUIREMENT THAT EAC H INSTITUTION DEVELO P AND 11 IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 12 OF THE INSTITUTION ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 13 SCHOOL YEAR . 14 (B) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT , CAMPUS 15 POLICE OR HEALTH PER SONNEL WHO HAVE BEEN TRAINED UNDER SUBSEC TION 16 (A)(1) OF THIS SECTION AND WHO RESPOND IN GOOD FAITH TO THE OVERDOSE 17 EMERGENCY OF A STUDE NT IN ACCORDANCE WIT H THIS SECTION MAY N OT BE HELD 18 PERSONALLY LIABLE FO R ANY ACT OR OMISSIO N IN THE COURSE OF R ESPONDING 19 TO THE EMERGENCY . 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 1, 2017. 22
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Heroin and Opioid Education and Community Action Act of 2017 (Start Talking Maryland Act)
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Establishing the Family Planning Program in the Department of Health and Mental Hygiene to ensure the continuity of family planning services in the State; requiring the Program to provide family planning services to specified individuals through specified providers; authorizing the Department to adopt specified regulations; requiring the Maryland Medical Assistance Program to ensure access to and continuity of services provided by specified family planning providers in a specified manner; etc.
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the purpose of establishing the Family Planning Program in the Department of Health 3 and Mental Hygiene; providing for the purpose of the Program; requiring the 4 Program to provide family planning services to certain individuals through certain 5 providers; author izing the Department to adopt certain regulations; requiring that 6 funding used to support family planning services under the Program shall be in 7 addition to certain funding; requiring the Maryland Medical Assistance Program to 8 ensure access to and the cont inuity of services provided by certain family planning 9 providers in a certain manner; defining certain terms; and generally relating to 10 family planning services. 11 BY adding to 12 Article – Health – General 13 Section 13 –3401 and 13 –3402 to be under the new subtitle “Subtitle 34. Family 14 Planning Program” 15 Annotated Code of Maryland 16 (2015 Replacement Volume and 2016 Supplement) 17 BY repealing and reenacting, without amendments, 18 Article – Health – General 19 Section 15 –101(a) and (h) 20 2 HOUSE BILL 1083 Annotated Code of Maryland 1 (2015 Replacement Volume and 2016 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – Health – General 4 Section 15 –102.1(b) 5 Annotated Code of Maryland 6 (2015 Replacement Volume and 2016 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERA L ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – Health – General 10 SUBTITLE 34. FAMILY PLANNING PROGRAM . 11 13–3401. 12 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13 INDICATED . 14 (B) “FAMILY PLANNING PROVI DERS” MEANS PROVIDERS OF SERVICE S: 15 (1) FUNDED UNDER TITLE X OF THE FEDERAL PUBLIC HEALTH 16 SERVICE ACT AS OF DECEMBER 31, 2016; AND 17 (2) THAT LOST ELIGIBILITY FOR TITLE X FUNDING . 18 (C) “FAMILY PLANNING SERVI CES” MEANS SERVICES PROVI DED UNDER 19 TITLE X OF THE FEDERAL PUBLIC HEALTH SERVICE ACT AS OF DECEMBER 31, 20 2016. 21 (D) “PROGRAM ” MEANS THE FAMILY PLANNING PROGRAM ESTABLISHED 22 UNDER § 13–3402 OF THIS SUBTITLE . 23 13–3402. 24 (A) THERE IS A FAMILY PLANNING PROGRAM IN THE DEPARTMENT . 25 (B) THE PURPOSE OF THE PROGRAM IS TO ENSURE THE CONTINUIT Y OF 26 FAMILY PLANNING SERV ICES IN THE STATE . 27 HOUSE BILL 1083 3 (C) THE PROGRAM SHALL PROVIDE FAMILY PLANNING SERV ICES TO 1 INDIVIDUALS WHO ARE ELIGIBLE FOR FAMILY PLANNING SERVICES TH ROUGH 2 FAMILY PLANNING PROV IDERS THAT MEET PROGRAM REQUIREMENTS . 3 (D) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS 4 SUBTITLE , INCLUDING REGULATION S ESTABLISHING REQUI REMENTS FOR FAMILY 5 PLANNING PROVIDERS T HAT ARE THE SAME AS THE REQUIREMENTS FOR 6 PROVIDERS OF SERVICE S UNDER TITLE X OF THE FEDERAL PUBLIC HEALTH 7 SERVICE ACT. 8 (E) FUNDING USED TO SUPPO RT FAMILY PLANNING S ERVICES UNDER THE 9 PROGRAM SHALL BE IN A DDITION TO ANY FUNDI NG APPLIED BY THE DEPARTMENT 10 BEFORE DECEMBER 31, 2016, TO THE MAINTENANCE O F EFFORT REQUIREMENT 11 FOR FEDERAL FUNDING UNDER TITLE X OF THE FEDERAL PUBLIC HEALTH 12 SERVICE ACT. 13 15–101. 14 (a) In this title the following words have the meanings indicated. 15 (h) “Program” means the Maryland Medical Assistance Program. 16 15–102.1. 17 (b) The Department shall, to the extent permitted, subject to the limitations of 18 the State budget: 19 (1) Provide a comprehensive system of quality health care services with an 20 emphasis on prevention, education, individualized care, and appropriate case management; 21 (2) Develop a prenatal care program for Program recip ients and encourage 22 its utilization; 23 (3) Allocate State resources for the Program to provide a balanced system 24 of health care services to the population served by the Program; 25 (4) Seek to coordinate the Program activities with other State programs 26 and initiatives that are necessary to address the health care needs of the population served 27 by the Program; 28 (5) Promote Program policies that facilitate access to and continuity of care 29 by encouraging: 30 (i) Provider availability throughout the State; 31 (ii) Consumer education; 32 4 HOUSE BILL 1083 (iii) The development of ongoing relationships between Program 1 recipients and primary health care providers; and 2 (iv) The regular review of the Program’s regulations to determine 3 whether the administrative requirements of those regulations are unnecessarily 4 burdensome on Program providers; 5 (6) ENSURE ACCESS TO AND THE CONTINUITY OF SE RVICES 6 PROVIDED BY FAMILY P LANNING PROVIDERS TH AT RECEIVED FUNDING UNDER 7 TITLE X OF THE FEDERAL PUBLIC HEALTH SERVICE ACT AS OF DECEMBER 31, 8 2016, BY: 9 (I) REIMBURSING FOR THE PROGRAM SERVICES PROV IDED ; 10 AND 11 (II) ESTABLISHING PROGRAM REQUIREMENTS FOR THE 12 FAMILY PLANNING PROV IDERS THAT ARE THE S AME AS REQUIREMENTS FOR OTHER 13 PROVIDERS OF THE SAM E SERVICES ; 14 [(6)] (7) Strongly urge health care providers to participate in the Program 15 and thereby address the needs of Program recipients; 16 [(7)] (8) Require health care providers who participate in the Program to 17 provide access to Program recipients on a nondiscriminatory basis in accor dance with State 18 and federal law; 19 [(8)] (9) Seek to provide appropriate levels of reimbursement for 20 providers to encourage greater participation by providers in the Program; 21 [(9)] (10) Promote individual responsibility for maintaining good health 22 habits; 23 [(10)] (11) Encourage the Program and Maryland’s health care regulatory 24 system to work to cooperatively promote the development of an appropriate mix of health 25 care providers, limit cost increases for the delivery of health care to Program recipien ts, 26 and ensure the delivery of quality health care to Program recipients; 27 [(11)] (12) Encourage the development and utilization of cost –effective and 28 preventive alternatives to the delivery of health care services to appropriate Program 29 recipients in in patient institutional settings; 30 [(12)] (13) Encourage the appropriate executive agencies to coordinate the 31 eligibility determination, policy, operations, and compliance components of the Program; 32 HOUSE BILL 1083 5 [(13)] (14) Work with representatives of inpatient ins titutions, third party 1 payors, and the appropriate State agencies to contain Program costs; 2 [(14)] (15) Identify and seek to develop an optimal mix of State, federal, and 3 privately financed health care services for Program recipients, within available r esources 4 through cooperative interagency efforts; 5 [(15)] (16) Develop joint Legislative and Executive Branch strategies to 6 persuade the federal government to reconsider those policies that discourage the delivery 7 of cost –effective health care services t o Program recipients; 8 [(16)] (17) Evaluate departmental recommendations as to those persons 9 whose financial need or health care needs are most acute; 10 [(17)] (18) Establish mechanisms for aggressively pursuing recoveries 11 against third parties permitted under current law and exploring additional methods for 12 seeking to recover other money expended by the Program; and 13 [(18)] (19) Take appropriate measures to assure the quality of health care 14 services provided by managed care organizations. 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16 1, 2017. 17
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Health - Family Planning Services - Continuity of Care
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Authorizing a credit against the State income tax for specified volunteer members of specified fire, rescue, or emergency services organizations under specified circumstances; providing that the credit may not exceed the lesser of $350 or the State income tax for that taxable year and that any unused credit may not be carried over to any other taxable year; authorizing an individual to claim the credit in addition to a specified subtraction modification; and applying the Act to tax years 2017 and beyond.
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the purpose of authorizing a credit against t he State income tax for certain volunteer 3 members of certain fire, rescue, or emergency services organizations under certain 4 circumstances; providing that the credit may not exceed the lesser of a certain 5 amount or the State income tax for that taxable year and that any unused credit may 6 not be carried over to any other taxable year; authorizing an individual to claim the 7 credit in addition to a certain subtraction modification; providing for the application 8 of this Act; and generally relating to a State income tax credit for certain volunteer 9 fire, rescue, or emergency services personnel. 10 BY adding to 11 Article – Tax – General 12 Section 10 –741 13 Annotated Code of Maryland 14 (2016 Replacement Volume) 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) AN INDIVIDUAL WHO IS A MEMBER OF A FIRE , A RESCUE , OR AN 20 EMERGENCY SERVICES ORGANIZATION OF THE UNITED STATES , THE STATE , OR A 21 POLITICAL SUBDIVISIO N OF THE STATE MAY CLAIM A CRE DIT AGAINST THE STATE 22 INCOME TAX AS PROVIDED IN THIS SECTION IF: 23 2 HOUSE BILL 1084 (1) THE INDIVIDUAL SERVE S THE ORGANIZATION I N A VOLUNTEER 1 CAPACITY WITHOUT COM PENSATION , EXCEPT NOMI NAL EXPENSES OR MEAL S; 2 (2) THE INDIVIDUAL QUALI FIES FOR ACTIVE STAT US DURING THE 3 TAXABLE YEAR UNDER A LENGTH OF SERVICE AW ARD PROGRAM OR POINT S SYSTEM 4 OPERATED OR ESTABLIS HED BY THE FIRE , RESCUE , OR EMERGENCY SERVICE S 5 ORGANIZATION ; AND 6 (3) THE LENGTH OF SERVIC E AWARD PROGRAM OR P OINTS SYSTEM 7 REQUIRES A MINIMUM OF 50 POINTS PER YEAR FOR ACTIVE STATUS AND THE POINTS 8 ARE EARNED IN AT L EAST TWO DIFFERENT C ATEGORIES . 9 (B) (1) FOR ANY TAXABLE YEAR , THE CREDIT ALLOWED U NDER THIS 10 SECTION MAY NOT EXCEED THE LESSER OF : 11 (I) THE STATE INCOME TAX FOR THAT TAXABLE YEAR ; OR 12 (II) $350 . 13 (2) THE UNUSED AMOUNT OF THE CREDIT MAY NOT B E CARRIED 14 OVER TO ANY OTHER TAX ABLE YEAR . 15 (C) THE CREDIT ALLOWED UN DER THIS SECTION MAY BE CLAIMED IN 16 ADDITION TO ANY SUBTRACTION FROM FED ERAL ADJUSTED GROSS INCOME 17 ALLOWED UNDER § 10–208( I–1) OF THIS TITLE . 18 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19 1, 2017, and shall be applicable to all taxable years beginning after December 31, 20 16. 20
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Income Tax Credit - Volunteer Fire, Rescue, and Emergency Services Personnel
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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 Channel Marker Foundation, Inc. for the acquisition, planning, design, construction, repair, renovation, construction, site improvement, and capital equipping of the Channel Marker Regional Wellness Center, located in Talbot 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 4 proceeds to be used as a grant to the Board of Direc tors of the Channel Marker 5 Foundation, Inc. for certain development or improvement purposes; providing for 6 disbursement of the loan proceeds, subject to a requirement that the grantee provide 7 and expend a matching fund; establishing a deadline for the encu mbrance or 8 expenditure of the loan proceeds; and providing generally for the issuance and sale 9 of bonds evidencing 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 14 Talbot County – Channel Marker Regional Wellness Center Loan of 2017 in a total 15 principal amount equal to the lesser of (i) $150,000 or (ii) the amount of the matching fund 16 provided in accordance with Section 1(5) below. This loan shall be evidenced by the 17 issuance, sale, and delivery of State general obligation bonds authorized by a resolution of 18 the Board of Public Works and issued, sold, and delivered in accordance w ith §§ 8 –117 19 through 8 –124 and 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 (3) The cash proceeds of the sale o f 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 funds for this purpose are otherwise provided, and then shall be credited on 26 the books of the Comptro ller and expended, on approval by the Board of Public Works, for 27 2 HOUSE BILL 1085 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Board of Directors of the Channel Marker Foundation, Inc. (referred to 2 hereafter in this Act as “the grantee”) for the acquisition, planning, design, construction, 3 repair, renovation, reconstruction, site improvement, and capital equipping of the Channel 4 Marker Regional Wellness Center, located in Talbot 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) above, 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 in kind contributions. The fund may consist of real property or funds expended 14 prior to the effective date of this Act. In case of any disput e as to the amount of the matching 15 fund or what money or assets may qualify as matching funds, the Board of Public Works 16 shall determine the matter and the Board’s decision is final. The grantee has until June 1, 17 2019, to present evidence satisfactory to t he Board of Public Works that a matching fund 18 will be provided. If satisfactory evidence is presented, the Board shall certify this fact and 19 the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal 20 to the amount of the mat ching fund shall be expended for the purposes provided in this Act. 21 Any amount of the loan in excess of the amount of the matching fund certified by the Board 22 of Public Works shall be canceled and be of no further effect. 23 (6) The proceeds of the loan mus t 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 by this Act remain unexpended or unencumbered after June 1, 2024, the 26 amount of the unencumbered or unexpende d 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 SECTIO N 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 - Talbot County - Channel Marker Regional Wellness Center
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Authorizing the creation of a State Debt not to exceed $24,000, the proceeds to be used as a grant to the Board of Directors of the Collington Station Homeowners Association, Inc. for the acquisition planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of community safety and surveillance systems, 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 $24,000, the 4 proceeds to be used as a gran t to the Board of Directors of the Collington Station 5 Homeowners Association, Inc. for certain development or improvement purposes; 6 providing for disbursement of the loan proceeds, subject to a requirement that the 7 grantee provide and expend a matching fun d; establishing a deadline for the 8 encumbrance or expenditure of the loan proceeds; and providing generally for the 9 issuance and sale of bonds evidencing the loan. 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That: 12 (1) The Board of P ublic Works may borrow money and incur indebtedness on 13 behalf of the State of Maryland through a State loan to be known as the Prince George’s 14 County – Collington Station Safety and Surveillance Systems Loan of 2017 in a total 15 principal amount equal to the lesser of (i) $24,000 or (ii) the amount of the matching fund 16 provided in accordance with Section 1(5) below. This loan shall be evidenced by the 17 issuance, sale, and delivery of State general obligation bonds authorized by a resolution of 18 the Board of Pub lic Works and issued, sold, and delivered in accordance with §§ 8 –117 19 through 8 –124 and 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 (3) The cash proceeds of the sale o f 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 funds for this purpose are otherwise provided, and then shall be credited on 26 the books of the Comptro ller and expended, on approval by the Board of Public Works, for 27 2 HOUSE BILL 1086 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Board of Directors of the Collington Station Homeowners Association, Inc. 2 (referred to hereafter in this Act as “the grantee”) for the acquisition, planning, design, 3 construction, repair, renovation, reconstruction, site improvement, and capital equipping 4 of community safety and surveillance systems, located in Prince George’s 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 d ate 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) above, the grantee shall provide and expend a matching 11 fund. No part of the grantee’s matching fund may be pro vided, either directly or indirectly, 12 from funds of the State, whether appropriated or unappropriated. No part of the fund may 13 consist of real property, in kind contributions, or funds expended prior to the effective date 14 of this Act. In case of any disput e 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 t he 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 amount of the 19 matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of 20 the mat ching 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 mus t 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 by this Act remain unexpended or unencumbered after June 1, 2024, the 26 amount of the unencumbered or unexpende d 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 SECTIO N 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 - Prince George's County - Collington Station Safety and Surveillance Systems
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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 Marlton Swim and Recreation Club, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Marlton Swim and Recreation Club facility, 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 $50,000, the 4 proceeds to be used as a grant to the Board of Directors of the Marlton Swim and 5 Recreation Club, Inc. for certain development or improvement purposes; providing 6 for disbursement of the loan proceeds, subject to a requirement that the grantee 7 provide and expend a matching fund; establishing a deadline for the encumbrance 8 or expenditure of the loan proceeds; and providing generally for the issuance and 9 sale of bonds evidencing 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 mone y and incur indebtedness on 13 behalf of the State of Maryland through a State loan to be known as the Prince George’s 14 County – Marlton Swim and Recreation Club Loan of 2017 in a total principal amount equal 15 to the lesser of (i) $50,000 or (ii) the amount of the matching 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 accordance 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 under § 22 8–122 of the State Finance and Procurement Article. 23 (3) The cash proceeds of the sale o f 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 funds for this purpose are otherwise provided, and then shall be credited on 26 the books of the Comptro ller and expended, on approval by the Board of Public Works, for 27 2 HOUSE BILL 1087 the following public purposes, including any applicable architects’ and engineers’ fees: as a 1 grant to the Board of Directors of the Marlton Swim and Recreation Club, Inc. (referred to 2 hereaf ter in this Act as “the grantee”) for the acquisition, planning, design, construction, 3 repair, renovation, reconstruction, site improvement, and capital equipping of the Marlton 4 Swim and Recreation Club facility, located in Prince George’s 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 o f 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) above, 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. The fund may consist of 13 real property, in kind contributions, or funds expended prior to the effective date of this 14 Act. In case of any dispute as to the amou nt of the matching fund or what money or assets 15 may qualify as matching funds, the Board of Public Works shall determine the matter and 16 the Board’s decision is final. The grantee has until June 1, 2019, to present evidence 17 satisfactory to the Board of Publ ic Works that a matching fund will be provided. If 18 satisfactory evidence is presented, the Board shall certify this fact and the amount 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 by 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 F URTHER ENACTED, That this Act shall take effect June 31 1, 2017. 32
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Creation of a State Debt - Prince George's County - Marlton Swim and Recreation Club
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Authorizing the creation of a State Debt in the amount of $500,000, the proceeds to be used as a grant to the Board of Directors of The Baltimore Children's Museum, Inc. for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Port Discovery Children's Museum, located in Baltimore City; 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 $500,000, the 3 proceeds to be used as a grant to the Board of Directors of The Baltimore Children’s 4 Museum, 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 provi ding generally for the 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 throug h a State loan to be known as the Baltimore 12 City – Port Discovery Children’s Museum Loan of 2017 in the total principal amount of 13 $500,000. This loan shall be evidenced by the issuance, sale, and delivery of State general 14 obligation bonds authorized by a resolution of the Board of Public Works and issued, sold, 15 and delivered in accordance with §§ 8 –117 through 8 –124 and 8 –131.2 of the State Finance 16 and 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 o f the bonds shall be paid to the Treasurer and 21 first shall be applied to the payment of the expenses of issuing, selling, and delivering the 22 bonds, unless funds for this purpose are otherwise provided, and then shall be credited on 23 the books of the Comptro ller and expended, on approval by the Board of Public Works, for 24 the following public purposes, including any applicable architects’ and engineers’ fees: as a 25 grant to the Board of Directors of The Baltimore Children’s Museum, Inc. for the 26 acquisition, pla nning, design, construction, repair, renovation, reconstruction, site 27 2 HOUSE BILL 1088 improvement, and capital equipping of the Port Discovery Children’s Museum, including 1 the design, fabrication, and installation of exhibits, located in Baltimore City. 2 (4) An annual St ate 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 principal 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 unencumbered bond proceeds shall be disposed of as provided in § 8 –129 of th e 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 - Baltimore City - Port Discovery Children's Museum
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