WILLIAM DONALD SCHAEFER, Governor Ch. 647

(B) PROCEDURES.

THE OATH OR AFFIRMATION SHALL BE MADE:

(1)  BEFORE AN INDIVIDUAL AUTHORIZED TO ADMINISTER
OATHS, WHO SHALL CERTIFY IN WRITING TO HAVE ADMINISTERED THE OATH
OR TAKEN THE AFFIRMATION; OR

(2)  BY A SIGNED STATEMENT THAT:

(I)  IS IN THE DOCUMENT OR ATTACHED TO AND MADE
PART OF THE DOCUMENT; AND

(II)  IS MADE EXPRESSLY UNDER THE PENALTIES FOR
PERJURY.

(C) EFFECT OF STATEMENT.

IF THE PROCEDURES PROVIDED IN SUBSECTION (B)(2) OF THIS
SECTION ARE USED, THE AFFIDAVIT SUBJECTS THE INDIVIDUAL MAKING IT
TO THE PENALTIES FOR PERJURY TO THE SAME EXTENT AS AN OATH OR
AFFIRMATION MADE BEFORE AN INDIVIDUAL AUTHORIZED TO ADMINISTER
OATHS.

COMMITTEE COMMENT: This section is new language added to
allow an affidavit, a signed statement made under the
penalties of perjury, to have the effect of being an
oath or affirmation without detracting substantively
from the purpose and effect of requiring an oath or
affirmation. Therefore, an individual who makes an
affidavit under this article is subject to the
penalties for perjury if the affidavit is false, even
if the individual does not appear and make oath before
an individual authorized to administer oaths.

This section is patterned after the essential elements
of Md. Rule l-202(b), which defines "affidavit", and
Md. Rules 1-303 and 1-304, which prescribe the form of
oaths and affidavits. This provision does away with
any required notarization.

1-202. COMPLIANCE WITH WORKERS' COMPENSATION LAWS.

(A)  "EMPLOYER" DEFINED.

IN THIS SECTION, "EMPLOYER" HAS THE SAME MEANING AS UNDER
THE STATE WORKERS' COMPENSATION LAWS.

(B)  REQUIRED BEFORE ISSUANCE OF LICENSE OR PERMIT.

BEFORE ANY LICENSE OR PERMIT IS ISSUED UNDER THIS ARTICLE TO
AN EMPLOYER TO ENGAGE IN AN ACTIVITY IN WHICH THE EMPLOYER MAY

- 4315 -