PARRIS N. GLENDENING, Governor

Ch. 631

CHAPTER 631

(Senate Bill 777)

AN ACT concerning

Maryland Home Improvement Law - Standards of Proof - Criminal Penalties

FOR the purpose of altering the standards of proof and circumstances under which a
person may be held criminals liable for certain violations of the Maryland Home
Improvement Law: altering the penalties for certain criminal violations of the
Maryland Home Improvement Law; and generally relating to home improvements.

BY repealing and reenacting, with amendments,
Article - Business Regulation
Section 8-601 and 8-623
Annotated Code of Maryland
(1992 Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Business Regulation

8-601.

(a)     Except as otherwise provided in this title, a person may not act or offer to act
as a contractor in the State unless the person has a contractor license.

(b)     Except as otherwise provided in this title, a person may not act or offer to act
as a subcontractor in the State unless the person has a contractor license or subcontractor
license.

(c)     Except as otherwise provided in this title, a person may not sell or offer to sell
a home improvement in the State unless the person has a contractor license or
salesperson license.

(d)    A person who [knowingly and willfully] violates this section is guilty of a
misdemeanor and, on FIRST conviction, is subject to a fine not exceeding [$5,000] $1,000
or imprisonment not exceeding [2 years] 30 DAYS or both AND, ON A SECOND OR
SUBSEQUENT CONVICTION, IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR
IMPRISONMENT NOT EXCEEDING 2 YEARS OR BOTH.

8-623.

(a)     This section only applies if there is no greater criminal penalty provided under
this title or other applicable law.

(b)     A person who [knowingly and willfully] violates this title is guilty of a
misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or
imprisonment not exceeding 6 months or both.

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