ROBERT L. EHRLICH, JR., Governor

S.B. 394

(2) IF PRODUCTS TESTED ARE FOUND NOT TO BE IN COMPLIANCE WITH
THE MINIMUM EFFICIENCY STANDARDS ESTABLISHED UNDER SUBSECTION (C) OF
THIS SECTION, THE ADMINISTRATION SHALL:

(I)      CHARGE THE MANUFACTURER OF THE PRODUCT FOR THE
COST OF PRODUCT PURCHASE AND TESTING; AND

(II)     MAKE INFORMATION AVAILABLE TO THE PUBLIC ON
PRODUCTS FOUND NOT TO BE IN COMPLIANCE WITH THE STANDARDS.

(J) (1) WITH PRIOR NOTICE AND AT REASONABLE AND CONVENIENT
HOURS, THE ADMINISTRATION MAY MAKE PERIODIC INSPECTIONS OF DISTRIBUTORS
OR RETAILERS OF NEW PRODUCTS LISTED IN SUBSECTION (B)(1) OF THIS SECTION IN
ORDER TO DETERMINE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

(2) THE ADMINISTRATION SHALL COORDINATE WITH THE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT REGARDING INSPECTIONS. PRIOR TO
OCCUPANCY, OF BUILDING SITES NEWLY CONSTRUCTED BUILDINGS CONTAINING
NEW PRODUCTS THAT ARE ALSO COVERED BY THE MARYLAND BUILDING
PERFORMANCE STANDARDS.

(K) (1) THE ADMINISTRATION MAY INVESTIGATE COMPLAINTS RECEIVED
CONCERNING VIOLATIONS OF THIS SECTION AND SHALL REPORT THE RESULTS OF
AN INVESTIGATION TO THE ATTORNEY GENERAL.

(2)      THE ATTORNEY GENERAL MAY INSTITUTE PROCEEDINGS TO
ENFORCE THE PROVISIONS OF THIS SECTION.

(3)      A MANUFACTURER, DISTRIBUTOR, OR RETAILER OF NEW PRODUCTS
LISTED IN SUBSECTION (B)(1) OF THIS SECTION THAT VIOLATES ANY PROVISION OF
THIS SECTION SHALL BE ISSUED A WARNING BY THE ADMINISTRATION FOR A FIRST
VIOLATION.

(4)      REPEAT VIOLATORS SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
MORE THAN $250.

(5)      EACH VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE
OFFENSE AND EACH DAY THAT A VIOLATION CONTINUES SHALL CONSTITUTE A
SEPARATE OFFENSE.

(6)      PENALTIES ASSESSED UNDER THIS SUBSECTION ARE IN ADDITION
TO COSTS ASSESSED UNDER SUBSECTION (H) (I)(2)(I) OF THIS SECTION.

(7)      PENALTIES ASSESSED UNDER THIS SUBSECTION SHALL BE PAID
INTO THE GENERAL FUND OF THE STATE.

SECTION 2. AND BE IT FURTHER ENACTED, That:

(1) (i) In this section the following terms have the meanings indicated.

(ii) "Digital cable television box" means a device that acts as a
tuner for cable television programming and converts digital signals received from a
cable service provider to a signal usable by a television set.

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