2010 Maryland Code
PUBLIC UTILITIES
TITLE 29 - PROHIBITED ACTS; PENALTIES
Section 29-107 - Criminal penalties.     

§ 29-107.Criminal penalties.
 

(a)  In general.- A person who violates any of the following provisions is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both: 

(1) § 17-403 of this article (Commission regulations, except for those specified in subsection (c) of this section and §§ 29-101(b) and 29-102(a) of this title); 

(2) Title 22, Subtitle 1 of this article (general obligation bonds and notes); 

(3) § 23-102(a) of this article (construction of private or municipal systems); 

(4) § 23-202 of this article (service connections); 

(5) § 26-103 of this article (tampering with Commission system in Anne Arundel County); 

(6) § 26-205 of this article (tampering with Commission system in Howard County); 

(7) §§ 27-101(c) and 27-108 of this article (public utilities construction); 

(8) § 29-105 of this title (unlawful use of Commission property, except for the regulations governing publicly owned watershed property); or 

(9) § 29-106 of this title (leaving dead animals or fecal matter unburied). 

(b)  Violation of minority business enterprise programs.- A person who violates the provisions of Title 20, Subtitle 2 of this article as they relate to the minority business enterprise utilization program by committing a prohibited act listed under § 14-308 of the State Finance and Procurement Article, on conviction, is subject to the penalties provided under that section. 

(c)  Violation of emergency water use restrictions.- A person who violates emergency water use restrictions adopted in accordance with § 17-403 of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. 

(d)  Violation of personnel management system law.- A person who violates Title 18, Subtitle 1 of this article (Personnel Management) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. 

(e)  Violation of ethics law.- A person who violates § 19-102(b) of this article (ethics) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. 

(f)  Second or subsequent violations.- A person may be convicted of a second or subsequent violation of a provision of this Division II or a regulation adopted under this Division II. 
 

[An. Code 1957, art. 29, § 18-104(a)(1), (2), (4)-(6), (8)-(11), (b), (d), (d-1), (e), (h); 2010, ch. 37, § 3.]   
GENERAL REVISOR'S NOTE TO DIVISION 

The Department of Legislative Services is charged with revising the law in a clear, concise, and organized manner, without changing the effect of the law. One precept of revision has been that, once something is said, it should be said in the same way every time. To that end, the Washington Suburban Sanitary Commission Law Review Committee conformed the language and organization of this division to that of previously enacted revised articles to the extent possible. 

It is the manifest intent both of the General Assembly and the Washington Suburban Sanitary Commission Law Review Committee that this bulk revision of the substantive Washington Suburban Sanitary Commission law of the State render no substantive change. The guiding principle of the preparation of this division is that stated in Welch v. Humphrey, 200 Md. 410, 417 (1952): 

The principal function of a Code is to reorganize the statutes and state them in simpler form. Consequently, any changes made in them by a Code are presumed to be for the purpose of clarity rather than change of meaning. Therefore, even a change in the phraseology of a statute by a codification thereof will not ordinarily modify the law, unless the change is so radical and material that the intention of the Legislature to modify the law appears unmistakably from the language of the Code. (citations omitted) 

Accordingly, except to the extent that changes, which are noted in Revisor's Notes, clarify the former law, the enactment of this division in no way is intended to make any change to the substantive law of Maryland. This intent is further stated in uncodified language included in the enactment of this division. See § 8 of Ch. 37, Acts of 2010. 

Throughout this division, as in other revised articles, the word "regulations" generally is substituted for former references to "rules and regulations" to distinguish, to the extent possible, between regulations of executive units and rules of judicial or legislative units and to establish consistency in the use of the words. This substitution conforms to the practice of the Division of State Documents. 

Also throughout this division, for consistency and to avoid unnecessary confusion, the singular verb "adopt" is used in relation to rules or regulations, and verbs such as "prescribe" and "promulgate" are deleted. 

In some provisions of this division, as in other revised articles, the term "unit" is substituted for former references to State and county entities such as an "agency", "authority", "board", and "commission". In revised articles of the Code, the term "unit" is used as the general term for an organization in the State and county government because it is broad enough to include all such entities. 

The Washington Suburban Sanitary Commission Law Review Committee considered certain provisions contained in former Article 29 to be more suitable for revision in other articles. 

The provisions relating to stormwater management in Montgomery County and Prince George's County are revised in Article 24 of the Code as a new title, Title 24. The provisions revised there include former Article 29, Title 3, Subtitle 2 and §§ 4-111A, 4-112, 6-106, and 18-104(a)(3) and (c). 

Also former Art. 29, §§ 13-101 and 13-102, which provide for flood control and navigation in the valleys of the Anacostia River and its tributaries in Prince George's County and the use of certain lands acquired for flood control and navigation projects by the Maryland-National Capital Park and Planning Commission are transferred to Art. 28, §§ 9-101 and 9-102, respectively. 

In some instances, the staff of the Department of Legislative Services may create "Special Revisor's Notes" to reflect the substantive effect of legislation enacted during the 2010 Session on some provisions of this division. 
 

Editor's note. See note to § 16-101 of this article. 
 

Misrepresentations by contractors. - The Washington Suburban Sanitary Commission (WSSC) is not subject to the provisions of the State Procurement Law. Therefore, misrepresentations made by prime contractors and minority firms would not constitute violations of Title 14, Subtitle 3 of the State Finance and Procurement Article. However, misrepresentations by the contractors in violation of the WSSC's regulations are criminal misdemeanors under this section. 73 Op. Att'y Gen. 356 (1988).