WILLIAM DONALD SCHAEFER, Governor                        S.B. 290

Year 1994 State Budget for the purpose of funding the Insurance Fraud Unit within the
Department of Licensing and Regulation shall be transferred to the Office of the Governor by
Budget Amendment. The provisions of Executive Order 01.01.1992.24 shall remain in effect
until January 1, [1995] 1997 and the Maryland State Police shall remain the head of the
Fraud Unit as provided in the Executive Order. To the extent practicable, the Insurance Fraud
Unit under Executive Order 01.01.1992.24 shall establish procedures to implement the
procedural requirements of §§ 6-203, 6-204(a)-(d), and 6-206 of Section 7 of this Act
applicable to the Insurance Fraud Division in [19941 1996 in order to facilitate the transfer of
the Unit to the Attorney General's Office. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE INSURANCE FRAUD ADVISORY COUNCIL SHALL CONDUCT A STUDY TO
DETERMINE THE APPROPRIATE UNIT OF STATE GOVERNMENT IN WHICH THE
INSURANCE FRAUD UNIT SHOULD BE LOCATED. ON OR BEFORE DECEMBER 31, 1995, THE
ADVISORY COUNCIL SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY A
REPORT THAT SUMMARIZES THE STUDY AND SHALL MAKE A RECOMMENDATION ON THE
LOCATION OF THE INSURANCE FRAUD UNIT.

SECTION 12. AND BE IT FURTHER ENACTED, That the creation of the
Insurance Fraud Division in the Office of the Attorney General in this Act supersedes the
creation of the Insurance Fraud Unit in the Department of Licensing and Regulation in
Executive Order 01.01.1992.24 and that:

(1)     funds provided in the Fiscal Year [1995] 1997 State Budget Bill for the
purpose of funding the Insurance Fraud Unit, be transferred to the Insurance Fraud Division
within the Office of the Attorney General by budget amendment approved by the Board of
Public Works; and

(2)     any personnel and resources provided for the use of the Insurance Fraud
Unit be transferred to the Insurance Fraud Division in the Office of the Attorney General by
budget amendment approved by the Board of Public Works in a manner that maximizes the
use of the personnel and resources of the Insurance Fraud Unit by the Insurance Fraud
Division.

SECTION 13. AND BE IT FURTHER ENACTED, That Sections 7 and 12 of this
Act shall take effect January 1, [1995] 1997.

SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act
shall take effect January 1, 1995. Prior to January 1, 1995 1997, all references to the
"Insurance Fraud Unit" shall mean the Insurance Fraud Unit created by Executive Order
01.01.1992.24. Subsequent to January 1, 1995 On and after January 1, 1997, unless
otherwise provided by law, all references to the "Insurance Fraud Unit" shall mean the
Insurance Fraud Division of the Office of the Attorney General as created by Chapter
538, Section 7 of the Laws of Maryland of 1993.

SECTION 4. AND BE IT FURTHER ENACTED, That amendments to Article
48A, § 233 of the Code shall be construed in a manner consistent with the common law of
Maryland as it applies to the criminal culpability of accomplices and conspirators and
shall not be construed in a manner that in any way limits the culpability of an accomplice
or conspirator charged with violating Article 48A, § 233 of the Code.

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