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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb1100*
HOUSE BILL 1100
C2, E1 (6lr3426)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by Delegate Pruski
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Telecommunications Infrastructure – Protections 2
FOR the purpose of specifying that certain documentation may establish lawful authority 3
to sell certain telecommunications equipment as junk or scrap metal; requiring 4
certain junk dealers, scrap metal processors, and antique dealers to register and 5
provide a description including certain information of purchased 6
telecommunications equipment with a certain law enforcement official; prohibiting 7
certain junk dea lers, scrap metal processors, and antique dealers from purchasing 8
telecommunications equipment other than by check mailed to the seller’s address; 9
prohibiting the sale or disposal of certain telecommunications equipment within a 10
certain period; prohibiting certain individuals from destroying telecommunications 11
infrastructure in a certain manner; and generally relating to telecommunications 12
equipment and infrastructure. 13
BY repealing and reenacting, without amendments, 14
2 HOUSE BILL 1100
Article – Business Regulation 1
Section 17–1001(a) and (f)(2) and (f)(1)(ii)9. and (2) 2
Annotated Code of Maryland 3
(2024 Replacement Volume and 2025 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Business Regulation 6
Section 17–1001(f)(1)(ii)8. and 9. 17–1009(d) 7
Annotated Code of Maryland 8
(2024 Replacement Volume and 2025 Supplement) 9
BY adding to 10
Article – Business Regulation 11
Section 17–1001(f)(1)(ii)9. and (m) and 17–1010.1 10. 12
Annotated Code of Maryland 13
(2024 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Criminal Law 16
Section 6–305.1 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Business Regulation 22
17–1001. 23
(a) In this subtitle the following words have the meanings indicated. 24
(f) (1) “Junk” or “scrap metal” includes: 25
(ii) the following used articles, made of either ferrous or nonferrous 26
metal: 27
8. cell tower batteries; [and] 28
9. TELECOMMUNICATIONS E QUIPMENT 29
TELECOMMUNICATIONS I NFRASTRUCTURE AS DEF INED IN § 6–305.1 OF THE 30
CRIMINAL LAW ARTICLE; 31
10. TELECOMMUNICATIONS EQUIPMENT THAT INCLUD ES 32
ANY OTHER USED ARTIC LES OWNED BY A TELEC OMMUNICATIONS COMPAN Y, AS 33
DEFINED IN § 6–305.1 OF THE CRIMINAL LAW ARTICLE, INCLUDING: 34
HOUSE BILL 1100 3
A. ANTENNAE; 1
B. BURNED WIRES; 2
B. C. BUSBARS; 3
C. D. CELL TOWER BATTERIES; 4
E. FIBER OPTIC AND COPPER CABLES; 5
F. POWER INVERTERS; AND 6
D. G. MATERIALS WITH IDENT IFIABLE MARKERS THAT 7
INDICATE OWNERSHIP BY THE TELECOMMUNICATIONS COMPANY; AND 8
H. SMALL CELL FACILITIES; AND 9
[9.] 10. 11. any other used articles owned by a public utility 10
including: 11
A. guardrails; 12
B. manhole covers; 13
C. metal light poles; 14
D. tree grates; 15
E. water meters; and 16
F. street signs. 17
(2) “Junk” or “scrap metal” does not include beverage cans or food cans. 18
17–1009. 19
(d) (1) A junk dealer or scrap metal processor may not barter, buy, exchange, or 20
accept from a person any junk or scrap metal unless the junk dealer or scrap metal processor 21
keeps records and makes entries in them in accordance with this subtitle. 22
(2) A junk dealer or scrap metal processor may not purchase a catalytic 23
converter from an individual unless the indi vidual, at the time of purchase, provides 24
identification as: 25
4 HOUSE BILL 1100
(i) a licensed automotive dismantler and recycler or scrap metal 1
processor; or 2
(ii) an agent or employee of a licensed commercial enterprise. 3
(3) (I) A junk dealer or scrap metal proce ssor may not purchase a 4
cemetery urn, grave marker, or any other item listed under § 17–1001(f)(1)(ii) of this subtitle 5
from an individual unless the individual, at the time of purchase, provides appropriate 6
authorization from a relevant business or unit o f federal, State, or local government OR 7
FROM AN INDIVIDUAL W ITH AUTHORIZATION UN DER SUBPARAGRAPH (II) OF THIS 8
PARAGRAPH specifically authorizing the individual to conduct the transaction. 9
(II) FOR A PURCHASE OF TEL ECOMMUNICATIONS EQUI PMENT 10
SOLD AS JUN K OR SCRAP METAL , APPROPRIATE AUTHORIZ ATION UNDER THIS 11
SUBSECTION INCLUDES A BILL OF SALE , RECEIPT, LETTER OF AUTHORIZATION, OR 12
OTHER DOCUMENTARY EV IDENCE THAT THE SELL ER HAS LAWFUL AUTHOR ITY TO 13
SELL THE TELECOMMUNICATIONS EQUIPMENT. 14
(M) “TELECOMMUNICATIONS EQ UIPMENT” MEANS AN ITEM THAT A N 15
INDIVIDUAL KNOWS OR REASONABLY SHOULD KNOW TO ORDINARILY BE USED BY, 16
OR BELONG TO , A TELEPHONE , TELEGRAPH, INTERNET, OR OTHER WIRELESS 17
COMMUNICATION COMPANY. 18
17–1010.1. 19
(A) THIS SECTION APPLIES TO ALL JUNK DEALERS , SCRAP METAL 20
PROCESSORS, AND ANTIQUE DEALERS WHO ARE RESIDENTS OF THE STATE. 21
(B) (1) EACH JUNK DEALER , SCRAP METAL PROCESSO R, OR ANTIQUE 22
DEALER SUBJECT TO TH IS SECTION WHO PURCH ASES TELECOMMUNICATI ONS 23
EQUIPMENT SHALL REGI STER WITH THE SHERI FF OR OTHER LAW ENFO RCEMENT 24
OFFICIAL DESIGNATED BY THE GOVERNING BOD Y OF THE COUNTY IN W HICH THE 25
BUSINESS OF THE JUNK DEALER, SCRAP METAL PROCESSOR, OR ANTIQUE DEALER 26
IS LOCATED A COMPLET E DESCRIPTION OF THE TELECOMMUNICATIONS 27
EQUIPMENT. 28
(2) THE DESCRIPTION SHALL INCLUDE: 29
(I) THE DATE AND TIME OF PURCHASE; 30
(II) THE NAME AND ADDRESS OF THE SELLER; AND 31
(III) THE LICENSE TAG NUMBER OF ANY VEHICLE USED. 32
HOUSE BILL 1100 5
(C) A JUNK DEALER , SCRAP METAL PROCESSO R, OR ANTIQUE DEALER 1
SUBJECT TO THIS SECT ION WHO PURC HASES TELECOMMUNICATIONS EQUIPMENT 2
MAY PURCHASE TELECOM MUNICATIONS EQUIPMEN T ONLY BY ISSUING A CHECK 3
THAT IS MAILED TO THE SELLER’S ADDRESS. 4
(D) TELECOMMUNICATIONS EQUIPMENT MAY NOT BE SOLD OR OTHERWISE 5
DISPOSED OF FOR A PERIOD OF 30 DAYS AFTER THE DATE OF PURCHASE. 6
(E) A PERSON WHO VIOLATES THIS SECTION: 7
(1) IS SUBJECT TO REVOCATION OF ANY STATE JUNK LICENSE HELD 8
BY THE PERSON; AND 9
(2) IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT 10
TO A FINE NOT EXCEEDING $2,000. 11
Article – Criminal Law 12
6–305.1. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) “TELECOMMUNICATIONS CO MPANY” MEANS A COMPANY THAT 16
PROVIDES BROADBAND INTERNET, CABLE TELEVISION , TELEPHONE, OR OTHER 17
WIRELESS COMMUNICATION SERVICES. 18
(3) (I) “TELECOMMUNICATIONS INFRASTRUCTURE” MEANS ITEMS 19
THAT ARE USED TO PRO VIDE BROADBAND INTERNET, CABLE TELEVISION , 20
TELEPHONE, OR OTHER WIRELESS COMMUNICATION SERVICES. 21
(II) “TELECOMMUNICATIONS INFRASTRUCTURE” INCLUDES: 22
1. ANTENNAE; 23
2. FIBER OPTIC AND COPPER CABLES; 24
3. HEADENDS; 25
4. TELEPHONE POLES; 26
5. RADIO TRANSCEIVERS; 27
6 HOUSE BILL 1100
6. RADIO TOWERS; 1
7. WIRELESS SUPPORT STRUCTURES; 2
8. SMALL CELL FACILITIES; AND 3
9. TELECOMMUNICATIONS C OMPANY OFFICE 4
FACILITIES. 5
(B) THIS SECTION DOES NOT APPLY TO: 6
(1) AN EMPLOYEE OF A TEL ECOMMUNICATIONS COMP ANY OR A 7
PERSON ACTING UNDER THE AUTHORITY OF A T ELECOMMUNICATIONS COMPANY; 8
OR 9
(2) SUPERVISION AND CONT ROL OF A TELECOMMUNI CATIONS 10
COMPANY AND ITS MATE RIAL, EQUIPMENT, OR FACILITI ES BY A POLITICAL 11
SUBDIVISION WITHIN W HICH THE TELECOMMUNI CATIONS COMPANY IS D OING 12
BUSINESS. 13
(C) A PERSON MAY NOT RECKL ESSLY OR WILLFULLY A ND MALICIOUSLY 14
DEFACE, DAMAGE, OR DESTROY TELECOMMUNICATIONS INFRASTRUCTURE. 15
(D) A PERSON WHO VIOLATES THIS SECTI ON IS GUILTY OF A FELONY 16
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 17
EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $5,000 $500 OR BOTH. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.