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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0015*
SENATE BILL 15
E1, D4 6lr0652
SB 208/15 – JPR (PRE–FILED)
By: Senator Young
Requested: September 3, 2015
Introduced and read first time: January 13, 2016
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning1
Child Placement – Prohibition on Human Trafficking, Restrictions on2
Advertising, and Reporting Requirements3
FOR the purpose of prohibiting a person from knowingly committing certain acts related4
to rehoming a minor; providing that a person who violates certain prohibitions5
related to rehoming a minor is guilty of the felony of human trafficking; providing a6
certain affirmative defense to prosecution under certain provisions of law relating to7
rehoming a minor; prohibiting a person other than the Department of Human8
Resources or a child placement agency from advertising regarding the placement or9
acceptance of a child for adoption; requiring a certain advertisement to include a10
certain agency’s license number; authorizing an individual to notify a certain local11
department or law enforcement agency if the individual has reason to believe that a12
child is living with someone other than the individual who has legal custody of the13
child or an individual related by blood or marriage to an individual who has legal14
custody of the child; requiring a certain individual to make a certain report, under15
certain circumstances; providing that a certain report may be oral or in writing;16
requiring an individual who makes a certain report to immediately notify and give17
information to the head of a certain institution or a designee of the head of a certain18
institution, under certain circumstances; specifying the contents of a certain report;19
defining certain terms; providing certain penalties for violations of certain provisions20
of this Act; and generally relating to child placement.21
BY repealing and reenacting, with amendments,22
Article – Criminal Law23
Section 11–301 and 11–30324
Annotated Code of Maryland25
(2012 Replacement Volume and 2015 Supplement)26
BY adding to27
Article – Family Law28
2 SENATE BILL 15
Section 5–3A–46, 5–3B–33, and 5–704.31
Annotated Code of Maryland2
(2012 Replacement Volume and 2015 Supplement)3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,4
That the Laws of Maryland read as follows:5
Article – Criminal Law6
11–301.7
(a) In this subtitle the following words have the meanings indicated.8
(b) “Assignation” means the making of an appointment or engagement for9
prostitution or any act in furtherance of the appointment or engagement.10
(C) “CHILD PLACEMENT AGENCY” HAS THE MEANING STATED IN § 5–101 OF11
THE FAMILY LAW ARTICLE.12
(D) “PHYSICAL CUSTODY” MEANS THE PHYSICAL CARE AND SUPERVISION13
OF A MINOR.14
[(c)] (E) “Prostitution” means the performance of a sexual act, sexual contact, or15
vaginal intercourse for hire.16
(F) (1) “REHOME” MEANS TRANSFERRING PHYSICAL CUSTODY OF A17
MINOR WHO IS THE SUBJECT OF A GUARDIANSHIP OR AN ADOPTION ORDER TO A18
PERSON NOT RELATED BY BLOOD OR MARRIAGE TO AN ADOPTIVE PARENT OR A19
LEGAL GUARDIAN OF THE MINOR:20
(I) WITH THE INTENT OF PERMANENTLY DIVESTING AN21
ADOPTIVE PARENT OR LEGAL GUARDIAN OF THE MINOR OF PARENTAL22
RESPONSIBILITIES; AND23
(II) WITHOUT THE PRIOR APPROVAL OF A COURT.24
(2) “REHOME” DOES NOT INCLUDE:25
(I) THE PLACEMENT OF A MINOR BY THE DEPARTMENT OF26
HUMAN RESOURCES OR A CHILD PLACEMENT AGENCY;27
(II) TRANSFERRING PHYSICAL CUSTODY OF A MINOR TO THE28
DEPARTMENT OF HUMAN RESOURCES OR TO A CHILD PLACEMENT AGENCY;29
SENATE BILL 15 3
(III) TRANSFERRING PHYSICAL CUSTODY OF A MINOR TO1
ANOTHER PERSON ON A TEMPORARY BASIS DUE TO:2
1. A VACATION OR SCHOOL–SPONSORED ACTIVITY; OR3
2. THE INCARCERATION, MILITARY SERVICE, MEDICAL4
TREATMENT, OR TEMPORARY INCAPACITY OF THE MINOR’S ADOPTIVE PARENT OR5
LEGAL GUARDIAN;6
(IV) PLACING A MINOR IN ANOTHER STATE IN ACCORDANCE7
WITH THE REQUIREMENTS OF THE INTERSTATE COMPACT ON THE PLACEMENT OF8
CHILDREN; OR9
(V) LEAVING A NEWBORN WITH A RESPONSIBLE ADULT IN10
ACCORDANCE WITH § 5–641 OF THE COURTS ARTICLE.11
[(d)] (G) “Sexual act” has the meaning stated in § 3–301 of this article.12
[(e)] (H) “Sexual contact” has the meaning stated in § 3–301 of this article.13
[(f)] (I) “Sexually explicit performance” means a public or private, live,14
photographed, recorded, or videotaped act or show in which the performer is wholly or15
partially nude, and which is intended to sexually arouse or appeal to the prurient interest16
of patrons or viewers.17
[(g)] (J) “Solicit” means urging, advising, inducing, encouraging, requesting, or18
commanding another.19
[(h)] (K) “Vaginal intercourse” has the meaning stated in § 3–301 of this article.20
11–303.21
(a) (1) A person may not knowingly:22
(i) take or cause another to be taken to any place for prostitution;23
(ii) place, cause to be placed, or harbor another in any place for24
prostitution;25
(iii) persuade, induce, entice, or encourage another to be taken to or26
placed in any place for prostitution;27
(iv) receive consideration to procure for or place in a house of28
prostitution or elsewhere another with the intent of causing the other to engage in29
prostitution or assignation;30
4 SENATE BILL 15
(v) engage in a device, scheme, or continuing course of conduct1
intended to cause another to believe that if the other did not take part in a sexually explicit2
performance, the other or a third person would suffer physical restraint or serious physical3
harm; or4
(vi) destroy, conceal, remove, confiscate, or possess an actual or5
purported passport, immigration document, or government identification document of6
another while otherwise violating or attempting to violate this subsection.7
(2) A parent, guardian, or person who has permanent or temporary care or8
custody or responsibility for supervision of another may not consent to the taking or9
detention of the other for prostitution.10
(b) (1) A person may not violate subsection (a) of this section involving a victim11
who is a minor.12
(2) A person may not knowingly take or detain another with the intent to13
use force, threat, coercion, or fraud to compel the other to marry the person or a third person14
or perform a sexual act, sexual contact, or vaginal intercourse.15
(3) A PERSON MAY NOT KNOWINGLY:16
(I) REHOME A MINOR;17
(II) ADVERTISE, RECRUIT, OR SOLICIT A MINOR FOR REHOMING;18
(III) HARBOR, TRANSPORT, TRANSFER, OR RECEIVE A MINOR19
FOR THE PURPOSE OF REHOMING THE MINOR; OR20
(IV) ENTER INTO ANY AGREEMENT, WITH OR WITHOUT21
VALUABLE CONSIDERATION, TO REHOME A MINOR.22
(c) (1) (i) Except as provided in paragraph (2) of this subsection, a person23
who violates subsection (a) of this section is guilty of the misdemeanor of human trafficking24
and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding25
$5,000 or both.26
(ii) A person who violates subsection (a) of this section is subject to §27
5–106(b) of the Courts Article.28
(2) A person who violates subsection (b) of this section is guilty of the felony29
of human trafficking and on conviction is subject to imprisonment not exceeding 25 years30
or a fine not exceeding $15,000 or both.31
SENATE BILL 15 5
(d) A person who violates this section may be charged, tried, and sentenced in any1
county in or through which the person transported or attempted to transport the other.2
(e) (1) A person who knowingly benefits financially or by receiving anything of3
value from participation in a venture that includes an act described in subsection (a) or (b)4
of this section is subject to the same penalties that would apply if the person had violated5
that subsection.6
(2) A person who knowingly aids, abets, or conspires with one or more other7
persons to violate any subsection of this section is subject to the same penalties that apply8
for a violation of that subsection.9
(f) It is not a defense to a prosecution under subsection (b)(1) of this section that10
the person did not know the age of the victim.11
(G) IT IS AN AFFIRMATIVE DEFENSE TO PROSECUTION UNDER SUBSECTION12
(B)(3) OF THIS SECTION THAT:13
(1) PHYSICAL CUSTODY OF THE MINOR WAS TRANSFERRED BY A14
VALID POWER OF ATTORNEY; AND15
(2) AT THE TIME THE TRANSFER OCCURRED, THERE WAS A PETITION16
PENDING BEFORE AN APPROPRIATE COURT OR AN ADMINISTRATIVE AGENCY TO17
APPOINT THE PERSON TO WHOM THE MINOR WAS TRANSFERRED AS THE MINOR’S18
LEGAL GUARDIAN.19
Article – Family Law20
5–3A–46.21
(A) IN THIS SECTION, “ADVERTISE” MEANS TO COMMUNICATE BY22
NEWSPAPER, RADIO, TELEVISION, E–MAIL, INTERNET POSTING, OR ANY OTHER23
PRINT OR ELECTRONIC MEDIA THAT ORIGINATES WITHIN THE STATE.24
(B) (1) WHENEVER A PRIVATE CHILD PLACEMENT AGENCY LICENSED BY25
THE SOCIAL SERVICES ADMINISTRATION OF THE DEPARTMENT UNDER § 5–507 OF26
THIS TITLE, OR BY A COMPARABLE GOVERNMENTAL UNIT OF ANOTHER STATE,27
ADVERTISES REGARDING THE PLACEMENT OR ACCEPTANCE OF A CHILD FOR28
ADOPTION, THE ADVERTISEMENT MUST INCLUDE THE AGENCY’S LICENSE NUMBER.29
(2) THIS SECTION DOES NOT PROHIBIT A LICENSED ATTORNEY FROM30
ADVERTISING THE ATTORNEY’S AVAILABILITY TO PROVIDE LEGAL SERVICES31
RELATED TO ADOPTIONS.32
6 SENATE BILL 15
(C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR1
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $100 OR2
IMPRISONMENT NOT EXCEEDING 3 MONTHS OR BOTH FOR EACH OFFENSE.3
5–3B–33.4
(A) IN THIS SECTION, “ADVERTISE” MEANS TO COMMUNICATE BY5
NEWSPAPER, RADIO, TELEVISION, E–MAIL, INTERNET POSTING, OR ANY OTHER6
PRINT OR ELECTRONIC MEDIA THAT ORIGINATES WITHIN THE STATE.7
(B) THIS SECTION DOES NOT APPLY TO THE DEPARTMENT OR A CHILD8
PLACEMENT AGENCY.9
(C) A PERSON MAY NOT ADVERTISE REGARDING THE PLACEMENT OR10
ACCEPTANCE OF A CHILD FOR ADOPTION.11
(D) THIS SECTION DOES NOT PROHIBIT A LICENSED ATTORNEY FROM12
ADVERTISING THE ATTORNEY’S AVAILABILITY TO PROVIDE LEGAL SERVICES13
RELATED TO ADOPTIONS.14
(E) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR15
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $100 OR16
IMPRISONMENT NOT EXCEEDING 3 MONTHS OR BOTH FOR EACH OFFENSE.17
5–704.3.18
(A) (1) AN INDIVIDUAL MAY NOTIFY THE LOCAL DEPARTMENT OR THE19
APPROPRIATE LAW ENFORCEMENT AGENCY IF THE INDIVIDUAL HAS REASON TO20
BELIEVE THAT A CHILD IS LIVING WITH SOMEONE OTHER THAN:21
(I) AN INDIVIDUAL WHO HAS LEGAL CUSTODY OF THE CHILD;22
OR23
(II) AN INDIVIDUAL RELATED BY BLOOD OR MARRIAGE TO AN24
INDIVIDUAL WHO HAS LEGAL CUSTODY OF THE CHILD.25
(2) AN INDIVIDUAL REQUIRED TO MAKE A REPORT UNDER § 5–704 OF26
THIS SUBTITLE SHALL IMMEDIATELY NOTIFY THE LOCAL DEPARTMENT OR THE27
APPROPRIATE LAW ENFORCEMENT AGENCY IF THE INDIVIDUAL HAS REASON TO28
BELIEVE THAT A CHILD HAS BEEN LIVING WITH SOMEONE OTHER THAN AN29
INDIVIDUAL LISTED IN PARAGRAPH (1) OF THIS SUBSECTION FOR 6 MONTHS OR30
MORE.31
SENATE BILL 15 7
(B) (1) A REPORT UNDER THIS SECTION MAY BE ORAL OR IN WRITING.1
(2) TO THE EXTENT REASONABLY POSSIBLE, AN INDIVIDUAL WHO2
MAKES A REPORT UNDER THIS SECTION SHALL INCLUDE IN THE REPORT THE3
FOLLOWING INFORMATION:4
(I) THE NAME, AGE, AND HOME ADDRESS OF THE CHILD;5
(II) THE NAME AND HOME ADDRESS OF THE INDIVIDUAL WITH6
WHOM THE CHILD IS LIVING;7
(III) THE NAME AND HOME ADDRESS OF THE INDIVIDUAL WHO8
HAS LEGAL CUSTODY OF THE CHILD;9
(IV) THE WHEREABOUTS OF THE CHILD; AND10
(V) ANY OTHER INFORMATION THAT WOULD HELP TO11
DETERMINE WHETHER THE CHILD HAS BEEN SUBJECT TO HUMAN TRAFFICKING IN12
VIOLATION OF § 11–303 OF THE CRIMINAL LAW ARTICLE.13
(3) IF ACTING AS A STAFF MEMBER OF A HOSPITAL, PUBLIC HEALTH14
AGENCY, CHILD CARE INSTITUTION, JUVENILE DETENTION CENTER, SCHOOL, OR15
SIMILAR INSTITUTION, AN INDIVIDUAL WHO MAKES A REPORT UNDER THIS SECTION16
IMMEDIATELY SHALL NOTIFY AND GIVE ALL OF THE INFORMATION REQUIRED17
UNDER PARAGRAPH (2) OF THIS SUBSECTION TO THE HEAD OF THE INSTITUTION OR18
THE DESIGNEE OF THE HEAD OF THE INSTITUTION.19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect20
October 1, 2016.21
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0069*
SENATE BILL 69
D3 6lr0400
SB 668/15 – JPR (PRE–FILED)
By: Senator Young
Requested: July 6, 2015
Introduced and read first time: January 13, 2016
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning1
Civil Actions – Child Sexual Abuse – Statute of Limitations2
FOR the purpose of altering the statute of limitations in certain civil actions relating to3
child sexual abuse; providing for the application of this Act; and generally relating4
to child sexual abuse.5
BY repealing and reenacting, with amendments,6
Article – Courts and Judicial Proceedings7
Section 5–1178
Annotated Code of Maryland9
(2013 Replacement Volume and 2015 Supplement)10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,11
That the Laws of Maryland read as follows:12
Article – Courts and Judicial Proceedings13
5–117.14
(a) In this section, “sexual abuse” has the meaning stated in § 5–701 of the Family15
Law Article.16
(b) An action for damages arising out of an alleged incident or incidents of sexual17
abuse that occurred while the victim was a minor shall be filed within [7] 20 years of the18
date that the victim attains the age of majority.19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to20
apply retroactively and shall be applied to and interpreted to affect any cause of action21
arising on or after October 1, 2009.22
2 SENATE BILL 69
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect1
October 1, 2016.2
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0073*
SENATE BILL 73
F2 6lr0398
(PRE–FILED) CF 6lr1726
By: Senator Young Senators Young, Benson, Kelley, Lee, Muse, Madaleno,
Nathan–Pulliam, Conway, Rosapepe, and Peters
Requested: July 6, 2015
Introduced and read first time: January 13, 2016
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: January 26, 2016
CHAPTER ______
AN ACT concerning1
Maryland Loan Assistance Repayment Program for Orphans and Foster Care2
Recipients3
FOR the purpose of establishing the Maryland Loan Assistance Repayment Program for4
Orphans and Foster Care Recipients; establishing eligibility requirements for5
participation in the Program; providing for the funding, amount, duration, renewal,6
and uses of certain awards; requiring the Office of Student Financial Assistance to7
adopt certain regulations; requiring the Maryland Higher Education Commission to8
submit a certain report on or before a certain date; defining certain terms; providing9
for the application of this Act; and generally relating to the Maryland Loan10
Assistance Repayment Program for Orphans and Foster Care Recipients.11
BY adding to12
Article – Education13
Section 18–3101 through 18–3106 to be under the new subtitle “Subtitle 31.14
Maryland Loan Assistance Repayment Program for Orphans and Foster Care15
Recipients”16
Annotated Code of Maryland17
(2014 Replacement Volume and 2015 Supplement)18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,19
That the Laws of Maryland read as follows:20
2 SENATE BILL 73
Article – Education1
SUBTITLE 31. MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM FOR2
ORPHANS AND FOSTER CARE RECIPIENTS.3
18–3101.4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS5
INDICATED.6
(B) “FOSTER CARE RECIPIENT” MEANS AN INDIVIDUAL WHO WAS PLACED IN7
AN OUT–OF–HOME PLACEMENT BY A STATE’S OR UNIT OF A STATE GOVERNMENT’S8
DEPARTMENT OF SOCIAL SERVICES FOR 3 YEARS OR MORE.9
(C) “HIGHER EDUCATION LOAN” MEANS ANY LOAN FOR UNDERGRADUATE,10
PROFESSIONAL, OR GRADUATE STUDY THAT IS OBTAINED FOR TUITION,11
EDUCATIONAL EXPENSES, OR LIVING EXPENSES FROM:12
(1) AN INSTITUTION OF HIGHER EDUCATION, GOVERNMENT, OR13
COMMERCIAL SOURCE; OR14
(2) AN ORGANIZATION, AN INSTITUTION, AN ASSOCIATION, A15
SOCIETY, OR A CORPORATION THAT IS EXEMPT FROM TAXATION UNDER § 501(C)(3)16
OR (4) OF THE INTERNAL REVENUE CODE OF 1986.17
(D) “ORPHAN” MEANS A CHILD WHO HAS BEEN LEGALLY DETERMINED NOT18
TO HAVE PARENTS BECAUSE OF THE PARENTS’:19
(1) DEATH OR DISAPPEARANCE;20
(2) ABANDONMENT OR DESERTION OF THE CHILD; OR21
(3) SEPARATION FROM THE CHILD.22
(E) “PROGRAM” MEANS THE MARYLAND LOAN ASSISTANCE REPAYMENT23
PROGRAM FOR ORPHANS AND FOSTER CARE RECIPIENTS.24
18–3102.25
(A) THERE IS A MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM FOR26
ORPHANS AND FOSTER CARE RECIPIENTS IN THE STATE.27
(B) THE OFFICE SHALL ASSIST IN THE REPAYMENT OF HIGHER EDUCATION28
LOANS OWED BY AN ORPHAN OR A FOSTER CARE RECIPIENT WHO:29
SENATE BILL 73 3
(1) IS EMPLOYED ON A FULL–TIME BASIS BY THE STATE OR A COUNTY1
OR MUNICIPALITY OF THE STATE;2
(2) RECEIVED A GRADUATE, PROFESSIONAL, OR UNDERGRADUATE3
DEGREE FROM AN INSTITUTION OF HIGHER EDUCATION IN THE STATE; AND4
(3) MEETS ANY OTHER REQUIREMENT ESTABLISHED BY THE OFFICE.5
(C) AN APPLICANT FOR ASSISTANCE IN THE REPAYMENT OF A COMMERCIAL6
LOAN SHALL DEMONSTRATE TO THE OFFICE THAT THE COMMERCIAL LOAN WAS7
USED FOR TUITION, EDUCATIONAL EXPENSES, OR LIVING EXPENSES FOR8
GRADUATE, PROFESSIONAL, OR UNDERGRADUATE STUDY.9
(D) ASSISTANCE IN THE REPAYMENT OF A LOAN FROM AN ENTITY SET10
FORTH IN § 18–1601(C)(2) OF THIS TITLE SHALL REQUIRE THE APPROVAL OF THE11
OFFICE.12
18–3103.13
THE (A) SUBJECT TO THE AVAILABILITY OF FUNDS APPROPRIATED UNDER14
SUBSECTION (B) OF THIS SECTION, THE AWARD AMOUNT UNDER THE PROGRAM15
SHALL BE EQUAL TO 10% OF THE ELIGIBLE INDIVIDUAL’S TOTAL HIGHER16
EDUCATION LOAN DEBT FOR EACH YEAR THE INDIVIDUAL QUALIFIES FOR THE17
PROGRAM.18
(B) THE GOVERNOR ANNUALLY SHALL INCLUDE AN APPROPRIATION OF19
$100,000 IN THE STATE BUDGET FOR THE COMMISSION TO DISBURSE ASSISTANCE20
UNDER THIS SUBTITLE.21
18–3104.22
(A) EACH RECIPIENT OF AN AWARD UNDER THE PROGRAM MAY HOLD THE23
AWARD FOR 3 YEARS IF THE RECIPIENT:24
(1) CONTINUES TO MEET THE QUALIFICATIONS SPECIFIED UNDER §25
18–3102 OF THIS SUBTITLE; AND26
(2) SIGNS AN AGREEMENT AT THE TIME OF THE AWARD TO REMAIN27
EMPLOYED BY THE STATE FOR AT LEAST 1 YEAR AFTER THE EXPIRATION OF THE28
TERM OF THE AWARD.29
(B) EACH AWARD UNDER THE PROGRAM SHALL BE RENEWABLE ON THE30
EXPIRATION OF THE TERM OF THE AWARD.31
4 SENATE BILL 73
18–3105.1
AN AWARD UNDER THE PROGRAM SHALL BE USED ONLY FOR REPAYMENT OF2
THE HIGHER EDUCATION LOANS OWED BY THE RECIPIENT.3
18–3106.4
THE OFFICE SHALL ADOPT REGULATIONS TO IMPLEMENT THE PROVISIONS5
OF THIS SUBTITLE.6
SECTION 2. AND BE IT FURTHER ENACTED, That on or before September 1,7
2020, the Maryland Higher Education Commission shall report to the Governor and, in8
accordance with § 2–1246 of the State Government Article, the General Assembly,9
regarding:10
(1) how many individuals receive assistance annually under Title 18,11
Subtitle 31 of the Education Article, as enacted by Section 1 of this Act;12
(2) the amount of each award; and13
(3) how many individuals, if any, are placed on a waiting list or denied14
assistance under Title 18, Subtitle 31 of the Education Article, as enacted by Section 1 of15
this Act.16
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall be construed17
to apply retroactively and shall be applied to and interpreted to affect any individual who18
meets the eligibility requirements of the Maryland Loan Assistance Repayment Program19
for Orphans and Foster Care Recipients of Title 18, Subtitle 31 of the Education Article, as20
enacted by Section 1 of this Act, on or after July 1, 2010.21
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect22
July 1, 2016.23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.

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CommunicationsPortfolio_DominiqueMarsalek

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  • 16. EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0015* SENATE BILL 15 E1, D4 6lr0652 SB 208/15 – JPR (PRE–FILED) By: Senator Young Requested: September 3, 2015 Introduced and read first time: January 13, 2016 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning1 Child Placement – Prohibition on Human Trafficking, Restrictions on2 Advertising, and Reporting Requirements3 FOR the purpose of prohibiting a person from knowingly committing certain acts related4 to rehoming a minor; providing that a person who violates certain prohibitions5 related to rehoming a minor is guilty of the felony of human trafficking; providing a6 certain affirmative defense to prosecution under certain provisions of law relating to7 rehoming a minor; prohibiting a person other than the Department of Human8 Resources or a child placement agency from advertising regarding the placement or9 acceptance of a child for adoption; requiring a certain advertisement to include a10 certain agency’s license number; authorizing an individual to notify a certain local11 department or law enforcement agency if the individual has reason to believe that a12 child is living with someone other than the individual who has legal custody of the13 child or an individual related by blood or marriage to an individual who has legal14 custody of the child; requiring a certain individual to make a certain report, under15 certain circumstances; providing that a certain report may be oral or in writing;16 requiring an individual who makes a certain report to immediately notify and give17 information to the head of a certain institution or a designee of the head of a certain18 institution, under certain circumstances; specifying the contents of a certain report;19 defining certain terms; providing certain penalties for violations of certain provisions20 of this Act; and generally relating to child placement.21 BY repealing and reenacting, with amendments,22 Article – Criminal Law23 Section 11–301 and 11–30324 Annotated Code of Maryland25 (2012 Replacement Volume and 2015 Supplement)26 BY adding to27 Article – Family Law28
  • 17. 2 SENATE BILL 15 Section 5–3A–46, 5–3B–33, and 5–704.31 Annotated Code of Maryland2 (2012 Replacement Volume and 2015 Supplement)3 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,4 That the Laws of Maryland read as follows:5 Article – Criminal Law6 11–301.7 (a) In this subtitle the following words have the meanings indicated.8 (b) “Assignation” means the making of an appointment or engagement for9 prostitution or any act in furtherance of the appointment or engagement.10 (C) “CHILD PLACEMENT AGENCY” HAS THE MEANING STATED IN § 5–101 OF11 THE FAMILY LAW ARTICLE.12 (D) “PHYSICAL CUSTODY” MEANS THE PHYSICAL CARE AND SUPERVISION13 OF A MINOR.14 [(c)] (E) “Prostitution” means the performance of a sexual act, sexual contact, or15 vaginal intercourse for hire.16 (F) (1) “REHOME” MEANS TRANSFERRING PHYSICAL CUSTODY OF A17 MINOR WHO IS THE SUBJECT OF A GUARDIANSHIP OR AN ADOPTION ORDER TO A18 PERSON NOT RELATED BY BLOOD OR MARRIAGE TO AN ADOPTIVE PARENT OR A19 LEGAL GUARDIAN OF THE MINOR:20 (I) WITH THE INTENT OF PERMANENTLY DIVESTING AN21 ADOPTIVE PARENT OR LEGAL GUARDIAN OF THE MINOR OF PARENTAL22 RESPONSIBILITIES; AND23 (II) WITHOUT THE PRIOR APPROVAL OF A COURT.24 (2) “REHOME” DOES NOT INCLUDE:25 (I) THE PLACEMENT OF A MINOR BY THE DEPARTMENT OF26 HUMAN RESOURCES OR A CHILD PLACEMENT AGENCY;27 (II) TRANSFERRING PHYSICAL CUSTODY OF A MINOR TO THE28 DEPARTMENT OF HUMAN RESOURCES OR TO A CHILD PLACEMENT AGENCY;29
  • 18. SENATE BILL 15 3 (III) TRANSFERRING PHYSICAL CUSTODY OF A MINOR TO1 ANOTHER PERSON ON A TEMPORARY BASIS DUE TO:2 1. A VACATION OR SCHOOL–SPONSORED ACTIVITY; OR3 2. THE INCARCERATION, MILITARY SERVICE, MEDICAL4 TREATMENT, OR TEMPORARY INCAPACITY OF THE MINOR’S ADOPTIVE PARENT OR5 LEGAL GUARDIAN;6 (IV) PLACING A MINOR IN ANOTHER STATE IN ACCORDANCE7 WITH THE REQUIREMENTS OF THE INTERSTATE COMPACT ON THE PLACEMENT OF8 CHILDREN; OR9 (V) LEAVING A NEWBORN WITH A RESPONSIBLE ADULT IN10 ACCORDANCE WITH § 5–641 OF THE COURTS ARTICLE.11 [(d)] (G) “Sexual act” has the meaning stated in § 3–301 of this article.12 [(e)] (H) “Sexual contact” has the meaning stated in § 3–301 of this article.13 [(f)] (I) “Sexually explicit performance” means a public or private, live,14 photographed, recorded, or videotaped act or show in which the performer is wholly or15 partially nude, and which is intended to sexually arouse or appeal to the prurient interest16 of patrons or viewers.17 [(g)] (J) “Solicit” means urging, advising, inducing, encouraging, requesting, or18 commanding another.19 [(h)] (K) “Vaginal intercourse” has the meaning stated in § 3–301 of this article.20 11–303.21 (a) (1) A person may not knowingly:22 (i) take or cause another to be taken to any place for prostitution;23 (ii) place, cause to be placed, or harbor another in any place for24 prostitution;25 (iii) persuade, induce, entice, or encourage another to be taken to or26 placed in any place for prostitution;27 (iv) receive consideration to procure for or place in a house of28 prostitution or elsewhere another with the intent of causing the other to engage in29 prostitution or assignation;30
  • 19. 4 SENATE BILL 15 (v) engage in a device, scheme, or continuing course of conduct1 intended to cause another to believe that if the other did not take part in a sexually explicit2 performance, the other or a third person would suffer physical restraint or serious physical3 harm; or4 (vi) destroy, conceal, remove, confiscate, or possess an actual or5 purported passport, immigration document, or government identification document of6 another while otherwise violating or attempting to violate this subsection.7 (2) A parent, guardian, or person who has permanent or temporary care or8 custody or responsibility for supervision of another may not consent to the taking or9 detention of the other for prostitution.10 (b) (1) A person may not violate subsection (a) of this section involving a victim11 who is a minor.12 (2) A person may not knowingly take or detain another with the intent to13 use force, threat, coercion, or fraud to compel the other to marry the person or a third person14 or perform a sexual act, sexual contact, or vaginal intercourse.15 (3) A PERSON MAY NOT KNOWINGLY:16 (I) REHOME A MINOR;17 (II) ADVERTISE, RECRUIT, OR SOLICIT A MINOR FOR REHOMING;18 (III) HARBOR, TRANSPORT, TRANSFER, OR RECEIVE A MINOR19 FOR THE PURPOSE OF REHOMING THE MINOR; OR20 (IV) ENTER INTO ANY AGREEMENT, WITH OR WITHOUT21 VALUABLE CONSIDERATION, TO REHOME A MINOR.22 (c) (1) (i) Except as provided in paragraph (2) of this subsection, a person23 who violates subsection (a) of this section is guilty of the misdemeanor of human trafficking24 and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding25 $5,000 or both.26 (ii) A person who violates subsection (a) of this section is subject to §27 5–106(b) of the Courts Article.28 (2) A person who violates subsection (b) of this section is guilty of the felony29 of human trafficking and on conviction is subject to imprisonment not exceeding 25 years30 or a fine not exceeding $15,000 or both.31
  • 20. SENATE BILL 15 5 (d) A person who violates this section may be charged, tried, and sentenced in any1 county in or through which the person transported or attempted to transport the other.2 (e) (1) A person who knowingly benefits financially or by receiving anything of3 value from participation in a venture that includes an act described in subsection (a) or (b)4 of this section is subject to the same penalties that would apply if the person had violated5 that subsection.6 (2) A person who knowingly aids, abets, or conspires with one or more other7 persons to violate any subsection of this section is subject to the same penalties that apply8 for a violation of that subsection.9 (f) It is not a defense to a prosecution under subsection (b)(1) of this section that10 the person did not know the age of the victim.11 (G) IT IS AN AFFIRMATIVE DEFENSE TO PROSECUTION UNDER SUBSECTION12 (B)(3) OF THIS SECTION THAT:13 (1) PHYSICAL CUSTODY OF THE MINOR WAS TRANSFERRED BY A14 VALID POWER OF ATTORNEY; AND15 (2) AT THE TIME THE TRANSFER OCCURRED, THERE WAS A PETITION16 PENDING BEFORE AN APPROPRIATE COURT OR AN ADMINISTRATIVE AGENCY TO17 APPOINT THE PERSON TO WHOM THE MINOR WAS TRANSFERRED AS THE MINOR’S18 LEGAL GUARDIAN.19 Article – Family Law20 5–3A–46.21 (A) IN THIS SECTION, “ADVERTISE” MEANS TO COMMUNICATE BY22 NEWSPAPER, RADIO, TELEVISION, E–MAIL, INTERNET POSTING, OR ANY OTHER23 PRINT OR ELECTRONIC MEDIA THAT ORIGINATES WITHIN THE STATE.24 (B) (1) WHENEVER A PRIVATE CHILD PLACEMENT AGENCY LICENSED BY25 THE SOCIAL SERVICES ADMINISTRATION OF THE DEPARTMENT UNDER § 5–507 OF26 THIS TITLE, OR BY A COMPARABLE GOVERNMENTAL UNIT OF ANOTHER STATE,27 ADVERTISES REGARDING THE PLACEMENT OR ACCEPTANCE OF A CHILD FOR28 ADOPTION, THE ADVERTISEMENT MUST INCLUDE THE AGENCY’S LICENSE NUMBER.29 (2) THIS SECTION DOES NOT PROHIBIT A LICENSED ATTORNEY FROM30 ADVERTISING THE ATTORNEY’S AVAILABILITY TO PROVIDE LEGAL SERVICES31 RELATED TO ADOPTIONS.32
  • 21. 6 SENATE BILL 15 (C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR1 AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $100 OR2 IMPRISONMENT NOT EXCEEDING 3 MONTHS OR BOTH FOR EACH OFFENSE.3 5–3B–33.4 (A) IN THIS SECTION, “ADVERTISE” MEANS TO COMMUNICATE BY5 NEWSPAPER, RADIO, TELEVISION, E–MAIL, INTERNET POSTING, OR ANY OTHER6 PRINT OR ELECTRONIC MEDIA THAT ORIGINATES WITHIN THE STATE.7 (B) THIS SECTION DOES NOT APPLY TO THE DEPARTMENT OR A CHILD8 PLACEMENT AGENCY.9 (C) A PERSON MAY NOT ADVERTISE REGARDING THE PLACEMENT OR10 ACCEPTANCE OF A CHILD FOR ADOPTION.11 (D) THIS SECTION DOES NOT PROHIBIT A LICENSED ATTORNEY FROM12 ADVERTISING THE ATTORNEY’S AVAILABILITY TO PROVIDE LEGAL SERVICES13 RELATED TO ADOPTIONS.14 (E) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR15 AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $100 OR16 IMPRISONMENT NOT EXCEEDING 3 MONTHS OR BOTH FOR EACH OFFENSE.17 5–704.3.18 (A) (1) AN INDIVIDUAL MAY NOTIFY THE LOCAL DEPARTMENT OR THE19 APPROPRIATE LAW ENFORCEMENT AGENCY IF THE INDIVIDUAL HAS REASON TO20 BELIEVE THAT A CHILD IS LIVING WITH SOMEONE OTHER THAN:21 (I) AN INDIVIDUAL WHO HAS LEGAL CUSTODY OF THE CHILD;22 OR23 (II) AN INDIVIDUAL RELATED BY BLOOD OR MARRIAGE TO AN24 INDIVIDUAL WHO HAS LEGAL CUSTODY OF THE CHILD.25 (2) AN INDIVIDUAL REQUIRED TO MAKE A REPORT UNDER § 5–704 OF26 THIS SUBTITLE SHALL IMMEDIATELY NOTIFY THE LOCAL DEPARTMENT OR THE27 APPROPRIATE LAW ENFORCEMENT AGENCY IF THE INDIVIDUAL HAS REASON TO28 BELIEVE THAT A CHILD HAS BEEN LIVING WITH SOMEONE OTHER THAN AN29 INDIVIDUAL LISTED IN PARAGRAPH (1) OF THIS SUBSECTION FOR 6 MONTHS OR30 MORE.31
  • 22. SENATE BILL 15 7 (B) (1) A REPORT UNDER THIS SECTION MAY BE ORAL OR IN WRITING.1 (2) TO THE EXTENT REASONABLY POSSIBLE, AN INDIVIDUAL WHO2 MAKES A REPORT UNDER THIS SECTION SHALL INCLUDE IN THE REPORT THE3 FOLLOWING INFORMATION:4 (I) THE NAME, AGE, AND HOME ADDRESS OF THE CHILD;5 (II) THE NAME AND HOME ADDRESS OF THE INDIVIDUAL WITH6 WHOM THE CHILD IS LIVING;7 (III) THE NAME AND HOME ADDRESS OF THE INDIVIDUAL WHO8 HAS LEGAL CUSTODY OF THE CHILD;9 (IV) THE WHEREABOUTS OF THE CHILD; AND10 (V) ANY OTHER INFORMATION THAT WOULD HELP TO11 DETERMINE WHETHER THE CHILD HAS BEEN SUBJECT TO HUMAN TRAFFICKING IN12 VIOLATION OF § 11–303 OF THE CRIMINAL LAW ARTICLE.13 (3) IF ACTING AS A STAFF MEMBER OF A HOSPITAL, PUBLIC HEALTH14 AGENCY, CHILD CARE INSTITUTION, JUVENILE DETENTION CENTER, SCHOOL, OR15 SIMILAR INSTITUTION, AN INDIVIDUAL WHO MAKES A REPORT UNDER THIS SECTION16 IMMEDIATELY SHALL NOTIFY AND GIVE ALL OF THE INFORMATION REQUIRED17 UNDER PARAGRAPH (2) OF THIS SUBSECTION TO THE HEAD OF THE INSTITUTION OR18 THE DESIGNEE OF THE HEAD OF THE INSTITUTION.19 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect20 October 1, 2016.21
  • 23. EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0069* SENATE BILL 69 D3 6lr0400 SB 668/15 – JPR (PRE–FILED) By: Senator Young Requested: July 6, 2015 Introduced and read first time: January 13, 2016 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning1 Civil Actions – Child Sexual Abuse – Statute of Limitations2 FOR the purpose of altering the statute of limitations in certain civil actions relating to3 child sexual abuse; providing for the application of this Act; and generally relating4 to child sexual abuse.5 BY repealing and reenacting, with amendments,6 Article – Courts and Judicial Proceedings7 Section 5–1178 Annotated Code of Maryland9 (2013 Replacement Volume and 2015 Supplement)10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,11 That the Laws of Maryland read as follows:12 Article – Courts and Judicial Proceedings13 5–117.14 (a) In this section, “sexual abuse” has the meaning stated in § 5–701 of the Family15 Law Article.16 (b) An action for damages arising out of an alleged incident or incidents of sexual17 abuse that occurred while the victim was a minor shall be filed within [7] 20 years of the18 date that the victim attains the age of majority.19 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to20 apply retroactively and shall be applied to and interpreted to affect any cause of action21 arising on or after October 1, 2009.22
  • 24. 2 SENATE BILL 69 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect1 October 1, 2016.2
  • 25. EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0073* SENATE BILL 73 F2 6lr0398 (PRE–FILED) CF 6lr1726 By: Senator Young Senators Young, Benson, Kelley, Lee, Muse, Madaleno, Nathan–Pulliam, Conway, Rosapepe, and Peters Requested: July 6, 2015 Introduced and read first time: January 13, 2016 Assigned to: Education, Health, and Environmental Affairs Committee Report: Favorable with amendments Senate action: Adopted Read second time: January 26, 2016 CHAPTER ______ AN ACT concerning1 Maryland Loan Assistance Repayment Program for Orphans and Foster Care2 Recipients3 FOR the purpose of establishing the Maryland Loan Assistance Repayment Program for4 Orphans and Foster Care Recipients; establishing eligibility requirements for5 participation in the Program; providing for the funding, amount, duration, renewal,6 and uses of certain awards; requiring the Office of Student Financial Assistance to7 adopt certain regulations; requiring the Maryland Higher Education Commission to8 submit a certain report on or before a certain date; defining certain terms; providing9 for the application of this Act; and generally relating to the Maryland Loan10 Assistance Repayment Program for Orphans and Foster Care Recipients.11 BY adding to12 Article – Education13 Section 18–3101 through 18–3106 to be under the new subtitle “Subtitle 31.14 Maryland Loan Assistance Repayment Program for Orphans and Foster Care15 Recipients”16 Annotated Code of Maryland17 (2014 Replacement Volume and 2015 Supplement)18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,19 That the Laws of Maryland read as follows:20
  • 26. 2 SENATE BILL 73 Article – Education1 SUBTITLE 31. MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM FOR2 ORPHANS AND FOSTER CARE RECIPIENTS.3 18–3101.4 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS5 INDICATED.6 (B) “FOSTER CARE RECIPIENT” MEANS AN INDIVIDUAL WHO WAS PLACED IN7 AN OUT–OF–HOME PLACEMENT BY A STATE’S OR UNIT OF A STATE GOVERNMENT’S8 DEPARTMENT OF SOCIAL SERVICES FOR 3 YEARS OR MORE.9 (C) “HIGHER EDUCATION LOAN” MEANS ANY LOAN FOR UNDERGRADUATE,10 PROFESSIONAL, OR GRADUATE STUDY THAT IS OBTAINED FOR TUITION,11 EDUCATIONAL EXPENSES, OR LIVING EXPENSES FROM:12 (1) AN INSTITUTION OF HIGHER EDUCATION, GOVERNMENT, OR13 COMMERCIAL SOURCE; OR14 (2) AN ORGANIZATION, AN INSTITUTION, AN ASSOCIATION, A15 SOCIETY, OR A CORPORATION THAT IS EXEMPT FROM TAXATION UNDER § 501(C)(3)16 OR (4) OF THE INTERNAL REVENUE CODE OF 1986.17 (D) “ORPHAN” MEANS A CHILD WHO HAS BEEN LEGALLY DETERMINED NOT18 TO HAVE PARENTS BECAUSE OF THE PARENTS’:19 (1) DEATH OR DISAPPEARANCE;20 (2) ABANDONMENT OR DESERTION OF THE CHILD; OR21 (3) SEPARATION FROM THE CHILD.22 (E) “PROGRAM” MEANS THE MARYLAND LOAN ASSISTANCE REPAYMENT23 PROGRAM FOR ORPHANS AND FOSTER CARE RECIPIENTS.24 18–3102.25 (A) THERE IS A MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM FOR26 ORPHANS AND FOSTER CARE RECIPIENTS IN THE STATE.27 (B) THE OFFICE SHALL ASSIST IN THE REPAYMENT OF HIGHER EDUCATION28 LOANS OWED BY AN ORPHAN OR A FOSTER CARE RECIPIENT WHO:29
  • 27. SENATE BILL 73 3 (1) IS EMPLOYED ON A FULL–TIME BASIS BY THE STATE OR A COUNTY1 OR MUNICIPALITY OF THE STATE;2 (2) RECEIVED A GRADUATE, PROFESSIONAL, OR UNDERGRADUATE3 DEGREE FROM AN INSTITUTION OF HIGHER EDUCATION IN THE STATE; AND4 (3) MEETS ANY OTHER REQUIREMENT ESTABLISHED BY THE OFFICE.5 (C) AN APPLICANT FOR ASSISTANCE IN THE REPAYMENT OF A COMMERCIAL6 LOAN SHALL DEMONSTRATE TO THE OFFICE THAT THE COMMERCIAL LOAN WAS7 USED FOR TUITION, EDUCATIONAL EXPENSES, OR LIVING EXPENSES FOR8 GRADUATE, PROFESSIONAL, OR UNDERGRADUATE STUDY.9 (D) ASSISTANCE IN THE REPAYMENT OF A LOAN FROM AN ENTITY SET10 FORTH IN § 18–1601(C)(2) OF THIS TITLE SHALL REQUIRE THE APPROVAL OF THE11 OFFICE.12 18–3103.13 THE (A) SUBJECT TO THE AVAILABILITY OF FUNDS APPROPRIATED UNDER14 SUBSECTION (B) OF THIS SECTION, THE AWARD AMOUNT UNDER THE PROGRAM15 SHALL BE EQUAL TO 10% OF THE ELIGIBLE INDIVIDUAL’S TOTAL HIGHER16 EDUCATION LOAN DEBT FOR EACH YEAR THE INDIVIDUAL QUALIFIES FOR THE17 PROGRAM.18 (B) THE GOVERNOR ANNUALLY SHALL INCLUDE AN APPROPRIATION OF19 $100,000 IN THE STATE BUDGET FOR THE COMMISSION TO DISBURSE ASSISTANCE20 UNDER THIS SUBTITLE.21 18–3104.22 (A) EACH RECIPIENT OF AN AWARD UNDER THE PROGRAM MAY HOLD THE23 AWARD FOR 3 YEARS IF THE RECIPIENT:24 (1) CONTINUES TO MEET THE QUALIFICATIONS SPECIFIED UNDER §25 18–3102 OF THIS SUBTITLE; AND26 (2) SIGNS AN AGREEMENT AT THE TIME OF THE AWARD TO REMAIN27 EMPLOYED BY THE STATE FOR AT LEAST 1 YEAR AFTER THE EXPIRATION OF THE28 TERM OF THE AWARD.29 (B) EACH AWARD UNDER THE PROGRAM SHALL BE RENEWABLE ON THE30 EXPIRATION OF THE TERM OF THE AWARD.31
  • 28. 4 SENATE BILL 73 18–3105.1 AN AWARD UNDER THE PROGRAM SHALL BE USED ONLY FOR REPAYMENT OF2 THE HIGHER EDUCATION LOANS OWED BY THE RECIPIENT.3 18–3106.4 THE OFFICE SHALL ADOPT REGULATIONS TO IMPLEMENT THE PROVISIONS5 OF THIS SUBTITLE.6 SECTION 2. AND BE IT FURTHER ENACTED, That on or before September 1,7 2020, the Maryland Higher Education Commission shall report to the Governor and, in8 accordance with § 2–1246 of the State Government Article, the General Assembly,9 regarding:10 (1) how many individuals receive assistance annually under Title 18,11 Subtitle 31 of the Education Article, as enacted by Section 1 of this Act;12 (2) the amount of each award; and13 (3) how many individuals, if any, are placed on a waiting list or denied14 assistance under Title 18, Subtitle 31 of the Education Article, as enacted by Section 1 of15 this Act.16 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall be construed17 to apply retroactively and shall be applied to and interpreted to affect any individual who18 meets the eligibility requirements of the Maryland Loan Assistance Repayment Program19 for Orphans and Foster Care Recipients of Title 18, Subtitle 31 of the Education Article, as20 enacted by Section 1 of this Act, on or after July 1, 2010.21 SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect22 July 1, 2016.23 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.