Md. Code, Estates and Trusts § 4-507 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

(a) Subject to subsections (b) and (c) of this section and except as prohibited under §§ 4–505 and 4–506 of this subtitle, in accordance with the order of priority listed, a member of one of the following classes of individuals who is reasonably available may make an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under § 4–503(b) of this subtitle immediately before the decedent’s death;

(2) The persons who were acting as the guardians of the decedent at the time of the death of the decedent;

(3) The spouse or domestic partner of the decedent;

(4) The adult children of the decedent;

(5) The parents of the decedent;

(6) The adult siblings of the decedent;

(7) The adult grandchildren of the decedent;

(8) The grandparents of the decedent;

(9) An adult who exhibited special care and concern for the decedent; or

(10) Another person having the authority to dispose of the body of the decedent.

(b) (1) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 4–509 of this subtitle knows of an objection by another member of the class.

(2) If an objection to an anatomical gift is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
Md. Code, Business Occupations and Professions § 4-207 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

(a) (1) Except for the examination fees that the Board shall establish in amounts not to exceed the costs of the examinations, the Board may set by regulation reasonable fees for its services, including application fees, licensing fees, license renewal fees, license reinstatement fees, certification fees, permit fees, permit renewal fees, inspection fees, and any other fees necessary for the Board to carry out the provisions of this title.

(2) The fees charged shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Board; and

(ii) based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.

(b) The Board shall publish a schedule of fees set by the Board.

(c) (1) The Board shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Barbers and Cosmetologists Boards’ Fund established in § 2–106.9 of the Business Regulation Article.
Md. Code, Environment § 4-114 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-114
§4–114.
Status: in_force

(a) Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall:

(1) Notify the delegated county or municipality of the violation and the Department’s intended action; and

(2) Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality.

(b) If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first providing a reasonable opportunity for a joint inspection under subsection (a)(2) of this section.
Md. Code, State Finance and Procurement § 4-305 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

Any contract for printing for the State shall be made through or with the approval of the Secretary except for:

(1) a contract for printing for the General Assembly and its staff agencies;

(2) a contract for printing a record or brief for the Office of the Attorney General; and

(3) a contract for printing of the Maryland Reports or the Maryland Appellate Reports.
Md. Code, Corporations and Associations § 4A-501 — MD Code / Article gca / Title 4A / Subtitle 5 / Section 4A-501
§4A–501.
Status: in_force

The capital contribution of a member to a limited liability company may be in cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services.
Md. Code, Business Regulation § 4-306 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

(a) An applicant for a license to act as a promoter of a contest shall execute a surety bond to be given to the State for the benefit of each person who may be interested in the payment of the expenses incurred in connection with the contest.

(b) The surety bond shall be:

(1) in the amount of:

(i) $2,000; or

(ii) any greater amount that the Commission requires;

(2) in a form that the Commission approves;

(3) with a surety that the Commission approves; and

(4) conditioned on the payment, within the time that the Commission sets, of all expenses incurred in connection with the contest.
Md. Code, Health Occupations § 4-406 — MD Code / Article gho / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) A dental laboratory may not accept a request for dental laboratory work unless the request meets the requirements of this subtitle.

(b) A licensed dentist may not:

(1) Suggest, request, or in any way direct that a patient appear at a dental laboratory; or

(2) Sign a work request that does not contain all the information required by this subtitle.
Md. Code, Insurance § 4-107 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

(a) On the form that the Commissioner provides, each insurer applying for a certificate of authority must appoint the Commissioner as attorney for service of process issued against the insurer in the State.

(b) The appointment:

(1) is irrevocable;

(2) binds the insurer and any successor in interest or successor to the assets and liabilities of the insurer; and

(3) remains in effect as long as there is in force in the State a contract made by the insurer or an obligation arising from a contract made by the insurer.
Md. Code, Housing and Community Development § 4-2603 — MD Code / Article ghs / Title 4 / Subtitle 26 / Section 4-2603
§4–2603.
Status: in_force

The Department shall:

(1) distribute grants to counties that may apply under the Program for rapid or permanent housing voucher funds for homeless veterans and survivors of domestic violence;

(2) establish procedures for receiving and evaluating grant applications from counties under the Program;

(3) monitor the operation of the grants; and

(4) adopt regulations to carry out this subtitle.
Md. Code, State Finance and Procurement § 4-608 — MD Code / Article gsf / Title 4 / Subtitle 6 / Section 4-608
§4–608.
Status: in_force

(a) Annually, the State shall appropriate in the State budget and pay to the Mayor and Aldermen of the City of Annapolis at least $750,000 as payment for services provided to the State by the City of Annapolis.

(b) For fiscal year 2022 and each fiscal year thereafter, the appropriation required under subsection (a) of this section shall be increased by the percent increase in the Consumer Price Index for All Urban Consumers for the Baltimore Metropolitan Statistical Area.
Md. Code, Health - General § 4-213.1 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-213.1
§4–213.
Status: in_force

§4–213.1.

(a) The Secretary shall establish procedures for the issuance of a certificate of birth resulting in stillbirth.

(b) The Department shall make available a certificate of birth resulting in stillbirth to the parent or parents of a stillborn child for whom a fetal death was registered.

(c) The individual preparing the certificate of birth resulting in stillbirth shall not include any references to the stillborn child’s first name if the stillborn child’s parent or parents do not wish to provide a first name for the stillborn child.
Md. Code, Housing and Community Development § 4-933 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-933
§4–933.
Status: in_force

(a) A person may not knowingly make or cause to be made a false statement of material fact, including an overstatement or understatement of financial condition, to influence the action of the Department on a grant or loan or an application for a grant or loan under this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

(c) If a borrower violates this section, the Department may immediately accelerate the loan, whether or not a criminal prosecution has begun and regardless of the status of the prosecution.
Md. Code, Labor and Employment § 4-322 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-322
§4–322.
Status: in_force

(a) A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute is entitled:

(1) to pretrial release as provided for defendants in criminal cases;

(2) to notice of the accusation;

(3) to a reasonable time to make a defense; and

(4) except for an officer of the court who is charged with disobedience, misbehavior, or other misconduct in respect to process of the court, on demand, to a speedy and public trial by an impartial jury from the judicial district where the contempt is alleged to have been committed.

(b) (1) Whenever the charge of constructive criminal contempt arises from an attack on the character or conduct of a judge, the defendant is entitled to recusal of the judge if the defendant files a demand for recusal before the hearing on the charge.

(2) Whenever a defendant files a timely demand for recusal:

(i) the judge may not proceed further; and

(ii) the presiding judge of the court shall designate another judge as a replacement.

(c) (1) A person who is guilty of constructive criminal contempt in a labor case is subject to a fine not exceeding $100 or imprisonment not exceeding 15 days or both.

(2) A person who is imprisoned for failure to pay a fine imposed under this subsection shall be discharged:

(i) after 15 days; or

(ii) if also imprisoned for a definite period, 15 days after the end of the period.
Md. Code, Housing and Community Development § 4-926 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-926
§4–926.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Accessory housing” means a dwelling with complete and independent sleeping, cooking, and living facilities that is:

(i) within, attached to, or on the same parcel as a single-family, owner-occupied dwelling; and

(ii) subordinate to but under the same ownership as the single-family, owner-occupied dwelling.

(3) “Shared housing” means a single-family, owner-occupied dwelling adapted for common and shared living use by the owner-occupant and another family of limited income.

(4) “Sheltered housing” means a single-family, owner-occupied dwelling that:

(i) accommodates the owner-occupant; and

(ii) provides sleeping and living facilities, meals, and assistance with daily activities for a rental fee to not more than 15 elderly individuals or individuals with disabilities.

(b) There is an Accessory, Shared, and Sheltered Housing Program.

(c) The Department shall operate the Accessory, Shared, and Sheltered Housing Program and make loans for rehabilitation costs for accessory, shared, and sheltered housing from the Special Loan Programs Fund under this subtitle.

(d) The terms for accessory, shared, and sheltered housing loans shall satisfy the requirements of § 4-916(b) of this subtitle.

(e) To qualify for an accessory housing loan, an applicant shall:

(1) own the property for which the loan is made and agree to live in the property after the rehabilitation is completed; and

(2) (i) agree to use the loan proceeds to implement a rehabilitation project to provide an accessory dwelling for a family of limited income for a fixed minimum term that the Department determines; or

(ii) be a family of limited income when the loan is made and agree to use the loan proceeds to provide an accessory dwelling for a fixed minimum term that the Department determines.

(f) To qualify for a shared housing loan, an applicant shall:

(1) be a family of limited income;

(2) own the property for which the loan is made and agree to live in the property after the rehabilitation is completed; and

(3) agree to use the loan proceeds to implement a rehabilitation project to provide shared housing or an accessory dwelling for a family of limited income.

(g) To qualify for a sheltered housing loan, an applicant shall:

(1) own the property for which the loan is made and agree to live in the property after the rehabilitation is completed;

(2) agree to provide shelter, meals, and assistance with daily activities to not more than 15 elderly individuals or individuals with disabilities who qualify as families of limited income; and

(3) demonstrate that the property will be certified by the appropriate governmental unit to provide sheltered care to elderly individuals or individuals with disabilities.
Md. Code, Public Safety § 4-1005 — MD Code / Article gps / Title 4 / Subtitle 10 / Section 4-1005
§4–1005.
Status: in_force

(a) In this section, “strategic decision support center” means a facility that is equipped with technology and systems that function as intelligence centers for law enforcement and enable functions including data integration, the study of crime trends, and the development of predictive and technology–based approaches in detecting and investigating criminal activity.

(b) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $100,000 for Baltimore City to be used to support strategic decision support centers in the Eastern District and Western District of Baltimore City.

(c) The funds required to be included in the annual budget bill under subsection (b) of this section shall be used solely to supplement, and not supplant, funds otherwise available for strategic decision support centers in the Eastern District and Western District of Baltimore City.
Md. Code, Housing and Community Development § 4-611 — MD Code / Article ghs / Title 4 / Subtitle 6 / Section 4-611
§4–611.
Status: in_force

Subject to the approval and permitting procedures of the local zoning authority, a group home that houses four or more individuals may provide for nonresidential uses that:

(1) are in a minor part of the building;

(2) conform with local zoning requirements; and

(3) although not directly related to the housing facility, offer goods or services for persons of lower income or other disadvantaged individuals.
Md. Code, Housing and Community Development § 4-1608 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1608
§4–1608.
Status: in_force

(a) (1) The bonds shall be sold at public or private sale on the terms that the legislative body of the covered county sets.

(2) The bonds are not subject to §§ 19–205 and 19–206 of the Local Government Article.

(b) (1) The bonds and the interest on them shall be limited obligations of the covered county.

(2) The principal and interest on the bonds shall be payable only from:

(i) the revenue derived from:

1. interest;

2. mortgage insurance;

3. casualty or special hazard insurance or other insurance proceeds; or

4. condemnation proceeds;

(ii) other revenue derived from mortgage loans or property securing the loans; or

(iii) other payments or revenues derived from or relating to the making of the loans.

(3) The bonds or coupons issued under this subtitle:

(i) are not an indebtedness or a charge against the general credit or taxing powers of the issuing county within the meaning of a constitution, county code provision, or statutory limit; and

(ii) are not and do not give rise to a monetary liability of the issuing county.

(4) On the advice of counsel, the face of each bond may plainly state that the bond was issued under this subtitle and is not an indebtedness to which the faith and credit of the county is pledged.

(c) Money received from bonds issued under this subtitle shall be applied solely:

(1) to make money available through mortgage lending institutions only for residential mortgage loans to families of low or moderate income;

(2) to establish reserves;

(3) to pay the necessary expenses of financing; or

(4) to advance the payment of interest on the bonds during the first 3 years after the date of the bonds.
Md. Code, Environment § 4-108 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

For the purposes of this subtitle, the bureau of public works or a similar municipal unit shall act in place of the appropriate soil conservation district in any municipality not within a soil conservation district.
Md. Code, Housing and Community Development § 4-227 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-227
§4–227.
Status: in_force

(a) The Administration shall coordinate the promotion of its programs of financial assistance for energy conservation projects with the energy conservation promotion programs of the Maryland Energy Office.

(b) (1) The Administration shall adopt regulations to establish and implement programs of financial assistance for energy conservation projects and solar energy projects.

(2) These regulations shall be consistent with the provisions of this subtitle that generally concern the powers of the Administration to award financial assistance for energy conservation projects and solar energy projects.

(c) The regulations shall include provisions about:

(1) eligibility and application requirements;

(2) interest rates, maximum loan amounts, and the terms of loans;

(3) allocations of money among classes of eligible buildings;

(4) credit and underwriting requirements; and

(5) warranties, representations, forms of security, certifications, inspections, audits, and any other means of ensuring compliance with and enforcing the terms of financial assistance awarded under this subtitle.
Md. Code, Commercial Law § 4A-502 — MD Code / Article gcl / Title 4A / Subtitle 5 / Section 4A-502
§4A–502.
Status: in_force

(a) As used in this section, “creditor process” means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.

(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.

(c) If a beneficiary’s bank has received a payment order for payment to the beneficiary’s account in the bank, the following rules apply:

(1) The bank may credit the beneficiary’s account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.

(2) The bank may credit the beneficiary’s account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.

(3) If creditor process with respect to the beneficiary’s account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.

(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary’s bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.
Md. Code, Corporations and Associations § 4A-502 — MD Code / Article gca / Title 4A / Subtitle 5 / Section 4A-502
§4A–502.
Status: in_force

(a) (1) Unless otherwise agreed, a member is obligated to the limited liability company to perform any promises set forth in the articles of organization or operating agreement to contribute cash or property or to perform services, even if the member is unable to perform because of death, disability, or other reason.

(2) If a member does not make the required contribution of property or services, the member is obligated, at the option of the limited liability company, to contribute cash equal to the value of that portion of the capital contribution that has not been made.

(b) (1) The obligation of a member to make a capital contribution or return money or other property paid or distributed in violation of this title may be compromised only:

(i) In compliance with the operating agreement; or

(ii) If the operating agreement does not so provide, with the unanimous consent of the members.

(2) Any compromise does not affect the rights, if any, of any creditor of a limited liability company to enforce the obligation or to require the obligation to be enforced.

(c) (1) An operating agreement may provide that a member who fails to make any capital contribution or other payment that the member is required to make shall be subject to specified remedies for, or specified consequences of, the failure.

(2) The remedy or consequence may take the form of:

(i) Reduction of the defaulting member’s membership interest in the limited liability company;

(ii) Subordination of the defaulting member’s membership interest in the limited liability company to that of the nondefaulting members;

(iii) A forced sale of the defaulting member’s membership interest in the limited liability company;

(iv) Forfeiture of the defaulting member’s membership interest in the limited liability company;

(v) A loan by the nondefaulting members of the amount necessary to meet the commitment;

(vi) A determination of the value of the member’s membership interest in the limited liability company by appraisal or by formula and redemption and sale of the defaulting member’s membership interest in the limited liability company at that value; or

(vii) Any other remedy or consequences.
Md. Code, Agriculture § 4-104 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

To carry out the provisions of this subtitle or the Federal Meat Inspection Act, the Secretary may cooperate with the federal government, including acceptance of federal financial, training, and other assistance. The Secretary may cooperate with any other federal, State, or local unit having responsibilities with respect to matters relating to human or animal health.
Md. Code, Housing and Community Development § 4-910 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-910
§4–910.
Status: in_force

The Department may adopt regulations to carry out the Program.
Md. Code, Alcoholic Beverages and Cannabis § 4-113 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-113
§4–113.
Status: in_force

(a) Except as provided in subsection (b) of this section, a license holder is not entitled to a refund of the unearned portion of the license fee.

(b) A refund shall be issued to a license holder on surrender of the license if:

(1) receivership or bankruptcy of the business entity on whose behalf the license was issued occurs and a license transfer is not requested, with the refund issued for the benefit of the creditors of the license holder;

(2) the license holder dies, with the refund issued for the benefit of the estate of the deceased license holder;

(3) the license holder volunteers for or has been called into the armed forces of the United States or the organized State militia;

(4) the license holder surrenders a license and obtains a new license of another class carrying a higher fee, with the refund deducted from the higher fee;

(5) a license holder, against whom charges are pending when the license is renewed, is found guilty and the license is revoked, with the refund issued to the license holder in an amount based on the date that the revocation becomes final;

(6) the issuance of a license by a local licensing board is reversed on judicial review and the operation of the establishment is prohibited, with the refund issued to the license holder in an amount based on the date that the refusal to grant the renewal becomes final; or

(7) the licensed premises are taken by the federal government, the State, or a municipality for public use.
Md. Code, Environment § 4-113 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-113
§4–113.
Status: in_force

(a) (1) Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order.

(2) If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.

(b) (1) If the Department issues a notice under § 4-109(b)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:

(i) The conclusion of the hearing, if any; and

(ii) The review of the report, if any.

(2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.

(3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.

(c) The Department shall:

(1) Take action to secure compliance with any final corrective order; and

(2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

(d) This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.
Md. Code, Housing and Community Development § 4-2002 — MD Code / Article ghs / Title 4 / Subtitle 20 / Section 4-2002
§4–2002.
Status: in_force

(a) There is an Energy–Efficient Homes Construction Loan Program.

(b) The purpose of the Program is to provide construction loans to persons to construct low–energy homes and net–zero homes.

(c) The Program shall be operated with money in the Fund.
Md. Code, Environment § 4-208 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:

(1) This subtitle;

(2) Any rule or regulation adopted under this subtitle; or

(3) Any stormwater management plan approved under this subtitle.
Md. Code, Land Use § 4-303 — MD Code / Article glu / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) (1) The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board.

(2) The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses.

(3) All meetings of a board of appeals shall be open to the public.

(b) A member of a board of appeals may receive compensation that the legislative body considers appropriate.
Md. Code, Commercial Law § 4A-406 — MD Code / Article gcl / Title 4A / Subtitle 4 / Section 4A-406
§4A–406.
Status: in_force

(a) Subject to §§ 4A-211(e) and 4A-405(d) and (e) of this title, the originator of a funds transfer pays the beneficiary of the originator’s payment order: (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary’s bank in the funds transfer; and (ii) in an amount equal to the amount of the order accepted by the beneficiary’s bank, but not more than the amount of the originator’s order.

(b) If payment under subsection (a) of this section is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless: (i) the payment under subsection (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation; (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary’s bank, notified the originator of the beneficiary’s refusal of the payment; (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary’s bank under § 4A-404(a) of this subtitle.

(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b) of this section, if the beneficiary’s bank accepts a payment order in an amount equal to the amount of the originator’s payment order less charges of 1 or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator’s order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.

(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
Md. Code, Natural Resources § 4-1022 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1022
§4–1022.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not catch hard–shell clams in the waters of the State with a shinnecock rake or similar device.

(b) (1) Subject to paragraph (2) of this subsection, a person may catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge in the State waters of the Atlantic Ocean.

(2) A person may not catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge within 300 feet of any shore or wharf without first obtaining the permission of the shore or wharf owner.
Md. Code, Land Use § 4-305 — MD Code / Article glu / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

A board of appeals may:

(1) hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division;

(2) hear and decide special exceptions to the terms of a local law on which the board is required to pass under the local law; and

(3) authorize on appeal in specific cases a variance from the terms of a local law.
Md. Code, Health - General § 4-304 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) (1) Except as otherwise provided in this subtitle, a health care provider shall comply within a reasonable time after a person in interest requests in writing:

(i) To receive a copy of a medical record; or

(ii) To see and copy the medical record.

(2) If a medical record relates to a psychiatric or psychological problem and the attending health care provider, with any available and feasible input from a primary provider of mental health services, believes disclosure of any portion of the medical record to be injurious to the health of a patient or recipient, the health care provider may refuse to disclose that portion of the medical record to the patient, recipient, or person in interest but, on written request, shall:

(i) Make a summary of the undisclosed portion of the medical record available to the patient, recipient, or person in interest;

(ii) Insert a copy of the summary in the medical record of the patient or recipient;

(iii) Permit examination and copying of the medical record by another health care provider who is authorized to treat the patient or recipient for the same condition as the health care provider denying the request; and

(iv) Inform the patient or recipient of the patient’s or recipient’s right to select another health care provider under this subsection.

(b) (1) A health care provider shall establish procedures for a person in interest to request an addition to or correction of a medical record.

(2) A person in interest may not have any information deleted from a medical record.

(3) Within a reasonable time after a person in interest requests a change in a medical record, the health care provider shall:

(i) Make the requested change; or

(ii) Provide written notice of a refusal to make the change to the person in interest.

(4) A notice of refusal shall contain:

(i) Each reason for the refusal; and

(ii) The procedures, if any, that the health care provider has established for review of the refusal.

(5) If the final determination of the health care provider is a refusal to change the medical record, the provider:

(i) Shall permit a person in interest to insert in the medical record a concise statement of the reason that the person in interest disagrees with the record; and

(ii) May insert in the medical record a statement of the reasons for the refusal.

(6) A health care provider shall give a notice of a change in a medical record or a copy of a statement of disagreement:

(i) To any individual the person in interest has designated to receive the notice or statement; and

(ii) To whom the health care provider has disclosed an inaccurate, an incomplete, or a disputed medical record within the previous 6 months.

(7) If a health care provider discloses a medical record after an addition, correction, or statement of disagreement has been made, the provider shall include with the medical record a copy of each addition, correction, or statement of disagreement.

(c) (1) (i) In this subsection, “medical record” includes a copy of a medical bill that has been requested by an individual.

(ii) The provisions of this subsection do not apply to x–rays.

(2) A health care provider may require a person in interest or any other authorized person who requests a copy of a medical record to pay for the cost of copying:

(i) For State facilities regulated by the Maryland Department of Health, as provided in § 4–206 of the General Provisions Article; or

(ii) For all other health care providers, a reasonable cost–based fee for providing the information requested.

(3) (i) Except as provided in subparagraph (iii) of this paragraph, for a copy of a medical record requested by a person in interest or any other authorized person under paragraph (2)(ii) of this subsection, a health care provider may charge a fee for copying and mailing not exceeding 76 cents for each page of the medical record.

(ii) In addition to the fee charged under subparagraph (i) of this paragraph, a hospital or a health care provider may charge:

1. Subject to the fee limitations that apply to persons in interest under 45 C.F.R. 164.524 and any guidance on those limitations issued by the U.S. Department of Health and Human Services, a preparation fee not to exceed $22.88 for medical record retrieval and preparation; and

2. The actual cost for postage and handling of the medical record.

(iii) Subject to the fee limitations that apply to persons in interest under 45 C.F.R. 164.524 and any guidance on those limitations issued by the U.S. Department of Health and Human Services, a hospital or a health care provider that uses or maintains the requested medical records in an electronic format may charge for an electronic copy of a medical record in an electronic format requested by a person in interest or any other authorized person:

1. A preparation fee not to exceed $22.88 for electronic format medical records retrieval and preparation;

2. A per–page fee of 75% of the per–page fee charged by a health care provider under subparagraph (i) of this paragraph that may not exceed $80; and

3. The actual cost for postage and handling of the electronic format medical records.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, the fees charged under paragraph (3) of this subsection may be adjusted annually for inflation in accordance with the Consumer Price Index.

(ii) The preparation fee charged for medical record retrieval and preparation under paragraph (3)(ii)1 of this subsection and for retrieval and preparation of a medical record in an electronic format under paragraph (3)(iii)1 of this subsection may not be adjusted annually for inflation in accordance with the Consumer Price Index.

(5) A health care provider or a representative of the health care provider may not charge a fee for providing copies of a medical record:

(i) Requested by:

1. The patient;

2. The patient’s personal representative;

3. An employee or other representative of a nonprofit legal services entity or other volunteer or nonprofit program representing the patient; or

4. An attorney representing the patient; and

(ii) That will be used for the purpose of filing a claim regarding or appealing a denial of Social Security disability income or Social Security benefits under Title II or Title XVI of the Social Security Act.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, a health care provider may charge a fee, as authorized under paragraphs (3) and (4) of this subsection, for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of a medical record disclosed under § 4–306 of this subtitle.

(ii) If a government unit or agency or court–appointed guardian ad litem in a criminal or juvenile delinquency court proceeding makes a request for the disclosure of a medical record under § 4–306 of this subtitle, a health care provider may not charge the government unit or agency or court–appointed guardian ad litem a fee for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of the medical record.

(7) Notwithstanding any other provision of law, a health care provider may not charge a person in interest, except for an attorney appointed in writing by a person in interest, who requests a copy of a medical record of an individual enrolled in the Maryland Medical Assistance Program a fee that exceeds $20, adjusted annually for inflation in accordance with the Consumer Price Index, for each 100 pages or portion of 100 pages copied.

(8) Notwithstanding any other provision of law, any person or entity who is not subject to the provisions of this subsection and who obtains a medical record from a health care provider or the provider’s agent may not charge a fee for any subsequent copies of that medical record that exceeds the fee authorized under paragraph (3)(i) of this subsection.

(d) Except for an emergency request from a unit of State or local government concerning a child protective services case or adult protective services case, a health care provider may withhold copying until the fee for copying is paid.
Md. Code, Economic Development § 4-514 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-514
§4–514.
Status: in_force

(a) Nothing in this section may be construed to prohibit an organization from receiving funds from a government source other than the Maryland Arts Capital Grant Program.

(b) (1) There is a Maryland Arts Capital Grant Program.

(2) The Council shall administer the Program and hire at least one full–time coordinator for the Program.

(c) For each of fiscal years 2024 through 2029, the Governor shall include in the State operating or capital budget an annual appropriation of $3,000,000 for the Maryland Arts Capital Grant Program.

(d) (1) For each fiscal year, the Council shall award the entire appropriation under subsection (c) of this section in grants under this section.

(2) An organization may apply for a grant under this section if the organization has an operating budget that is less than $3,000,000 and:

(i) participates in the Council’s Grants for Organizations program or Community Arts Development program; or

(ii) is open to the public and provides cultural education or experiences.

(3) The Council may award a grant under this section for the acquisition of, the expansion of, the renovation of, or major repairs to a facility or other infrastructure operated by an organization eligible under paragraph (2) of this subsection to apply for a grant.

(4) For any fiscal year, an organization may not receive from the Council a grant for a single project that exceeds $1,000,000.

(e) (1) The Council, in consultation with the Division of Neighborhood Revitalization in the Department of Housing and Community Development and the Department, shall establish a competitive application process for the grants authorized under this section.

(2) The application shall contain:

(i) the project plan and full budget, including the use of the matching funds;

(ii) a description of the neighborhood or area where the project will be located;

(iii) a letter of support from the local governing body representing the area in which the project will be located;

(iv) a letter of support from the State Senator or Delegate representing the area in which the project will be located;

(v) organizational documents for the organization; and

(vi) any other information that the Council requires.

(f) The Department, by regulation, shall establish a quantitative system to evaluate each application that takes into account:

(1) the full project plan and how the plan relates to:

(i) fulfilling the mission of the organization; and

(ii) enhancing the county and the communities surrounding the project;

(2) the capacity of the applicant or partners of the applicant to complete the project and leverage non–State funding;

(3) the ability of the proposed project to address identified challenges at the organization;

(4) a description of the organization’s inclusionary hiring practices that increase local workforce opportunities; and

(5) a plan to make the project available for use by people of color and by individuals living below the federal poverty level.

(g) (1) The Council and a grant recipient shall execute a program agreement.

(2) The grant recipient shall comply with the terms of the program agreement.

(3) The program agreement may not allow for more than 15% of the amount of the grant to be used for operating expenses.

(4) The Council may exercise any remedy authorized by law if the grant recipient:

(i) violates any provision of the agreement; or

(ii) does not meet any requirement under this section.

(h) It is the intent of the General Assembly that, before a legislative bond initiative is submitted on behalf of an organization for a project that is eligible for a grant under this section, the organization:

(1) apply for a grant under this section;

(2) receive a letter of support from the executive director of the Council stating that:

(i) the project is urgent and any funding the organization receives will be spent in the next fiscal year; and

(ii) the organization has been awarded a grant under this section; and

(3) is authorized by the President of the Senate and the Speaker of the House to request a legislative bond initiative.
Md. Code, Housing and Community Development § 4-102 — MD Code / Article ghs / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

There is a Division of Development Finance.
Md. Code, Human Services § 4-304 — MD Code / Article ghu / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Foster youth” means an individual who:

(i) is in out–of–home care under the responsibility of the State; or

(ii) 1. is an adult under the age of 26 years; and

2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.

(3) “Program” means the Foster Youth Summer Internship Program established under this section.

(b) The Secretary shall:

(1) develop and implement a Foster Youth Summer Internship Program with the assistance of the Department of Budget and Management and in consultation with the local directors of local departments of social services; and

(2) coordinate with State agencies to establish internships in State agencies that are open to participants in the Program.

(c) The purpose of the Program is to provide foster youth with training and experience through internships in agencies within the Executive Branch of State government.

(d) The Program shall be established in multiple regions of the State.

(e) Internships under the Program may be paid or unpaid.

(f) A State agency participating in the Program may:

(1) specify requirements for internship applicants; and

(2) select its interns from among the available applicants.

(g) To be eligible to participate in an internship under the Program, an individual must be a foster youth at least 15 years old.

(h) On or before October 1, 2019, the Secretary, in consultation with the Department of Human Services, shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, and the House Appropriations Committee of the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) the number of foster youth participating in the Program;

(2) the location and type of internships in the Program;

(3) efforts to recruit eligible individuals to participate in the Program; and

(4) factors that affect Program participation.
Md. Code, Environment § 4-313.1 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-313.1
§4–313.
Status: in_force

§4–313.1.

(a) (1) The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle.

(2) The person accused of the violation shall have the right to a hearing but may waive that right in writing.

(3) The penalty imposed under this subsection shall be:

(i) $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and

(ii) $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:

(i) Waived;

(ii) Reduced; or

(iii) Used to assist the penalized person in upgrading a sewage treatment plant.

(2) A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated.

(c) The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.

(d) The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:

(1) February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and

(2) November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.

(e) The penalties required to be imposed under this section are in addition to any other penalties provided by law.
Md. Code, Housing and Community Development § 4-1004 — MD Code / Article ghs / Title 4 / Subtitle 10 / Section 4-1004
§4–1004.
Status: in_force

(a) To be eligible for a grant under this subtitle, a neighborhood corporation or umbrella corporation shall:

(1) submit a timely application in the form that the Secretary prescribes;

(2) create a board of directors composed of:

(i) a member of the General Assembly;

(ii) neighborhood residents;

(iii) representatives of local financial institutions; and

(iv) representatives of local political subdivisions, if not inconsistent with local law;

(3) be authorized to establish and administer a revolving loan fund by lending money at flexible rates and terms to neighborhood homeowners who cannot obtain mortgage financing on reasonable terms through normal lending channels to preserve or revitalize neighborhoods and encourage homeownership; and

(4) be authorized to establish and administer, in cooperation with appropriate officials of the political subdivision, a housing program to bring neighborhood dwellings to acceptable levels of health and safety.

(b) The Secretary or the Secretary’s designee shall be a voting member of each neighborhood corporation receiving grants from the Department.

(c) An application for a grant under subsection (a)(1) of this section shall contain:

(1) a description of the boundaries of the area that the neighborhood corporation or Program serves;

(2) certification that the applicant is registered with the Neighborhood Reinvestment Corporation;

(3) certification of incorporation under State law;

(4) certification of receipt of a ruling from the Internal Revenue Service that the applicant is exempt from federal income taxation;

(5) certification that the portion of the applicant’s annual operating budget that will not be covered by the grant sought has been provided exclusively from political subdivisions or private sources; and

(6) any other information that the Secretary requires.
Md. Code, Transportation § 4-307 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: in_force

(a) Subject to the provisions of §§ 4-306(b), 4-320, and 4-321 of this subtitle, if by reason of increased construction costs, error in estimates, or otherwise, the proceeds of the revenue bonds of any issue are less than the amount required for the purpose for which the bonds are authorized, additional revenue bonds may be issued in a similar manner to provide the amount of the deficiency.

(b) The additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued. If the proceeds of the additional bonds exceed the amount required, the excess shall be deposited to the credit of any reserve fund for the bonds or, if so provided in the trust agreement securing the bonds, may be applied to the cost of any additional project.
Md. Code, Corporations and Associations § 4A-605 — MD Code / Article gca / Title 4A / Subtitle 6 / Section 4A-605
§4A–605.
Status: in_force

(a) Unless otherwise agreed, a member may withdraw from a limited liability company prior to the dissolution and winding up of the limited liability company by giving not less than 6 months’ prior written notice to the other members at their respective addresses as shown on the books and records of the limited liability company.

(b) The operating agreement may provide that a member may not withdraw or otherwise place limits on the ability of a member to withdraw.
Md. Code, Labor and Employment § 4-501 — MD Code / Article gle / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Employee” means a fire, EMS, paramedic, or rescue employee hired or compensated by the employer.

(c) “Employee organization” means any organization of employees that, as one of its primary purposes, represents fire, EMS, paramedic, or rescue personnel.

(d) “Employer” means:

(1) a charter county;

(2) Charles County; or

(3) a municipal corporation.

(e) “EMS” means emergency medical services.

(f) “Exclusive representative” means an employee organization that has been certified through an election of eligible employees to represent and bargain for those employees over any terms and conditions of employment.
Md. Code, Natural Resources § 4-1206 — MD Code / Article gnr / Title 4 / Subtitle 12 / Section 4-1206
§4–1206.
Status: in_force

(a) A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, may seize every device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at its discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person charged.

(b) However, the device, equipment, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.
Md. Code, Business Occupations and Professions § 4-305 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) Subject to the provisions of this section and of § 4–306 of this subtitle, the Board may waive any requirement of this subtitle for an individual who is licensed to practice barbering or to provide barber–stylist services in another state.

(b) The Board may grant a waiver under this section only if the applicant:

(1) pays the examination fee required under § 4–303 of this subtitle;

(2) provides adequate evidence that the applicant has been licensed as a barber–stylist, barber, or master barber, whichever is applicable, in another state for at least the 6 months immediately preceding the filing of the application; and

(3) passes the applicable examination.
Md. Code, Agriculture § 4-221 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-221
§4–221.
Status: in_force

(a) The Secretary may investigate and gather, and compile information concerning the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and his relation to other persons.

(b) The Secretary, by general or special order, may require any person or class of persons engaged in intrastate commerce to file, on forms the Secretary prescribes, annual or special reports or answers in writing to specific questions, furnishing to the Secretary information he requires concerning the organization, business, conduct, practices, management, and relation to any person filing. Every report and answer shall be made under oath, or otherwise as the Secretary prescribes, within a reasonable period set by him, unless additional time is granted.
Md. Code, State Finance and Procurement § 4-804 — MD Code / Article gsf / Title 4 / Subtitle 8 / Section 4-804
§4–804.
Status: in_force

When a primary procurement unit replaces or supplements a major item of energy-consuming equipment in an existing building owned or leased by the State, the procurement of the equipment shall be made on the basis of a life-cycle cost analysis of alternatives in accordance with standards established under § 4-808 of this subtitle.
Md. Code, Education § 4-146 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-146
§4–146.
Status: in_force

(a) This section applies only in Prince George’s County.

(b) (1) In this section the following words have the meanings indicated.

(2) “Family child care provider” has the meaning stated in § 9.5–301 of this article.

(3) “Program” means the Prince George’s County Family Child Care Home Expansion Grant Program.

(c) (1) There is a Prince George’s County Family Child Care Home Expansion Grant Program.

(2) The purpose of the Program is to increase the number of registered family child care providers, registered family child care homes, and registered large family child care homes in low–income communities in Prince George’s County.

(3) The Prince George’s County public school system shall administer the Program.

(d) (1) To carry out the Program, the local school system shall award grants to nonprofit organizations in the county to provide training and financial assistance to individuals intending to become family child care providers that operate family child care homes and large family child care homes in low–income communities.

(2) To be eligible for a grant under this section, an applicant shall demonstrate in an application process developed by the local school system that the applicant:

(i) Is a nonprofit organization with experience in providing child care support services to individuals, which includes offering training and technical assistance to become a registered family child care provider; and

(ii) Will provide child care support services to individuals who:

1. Intend on becoming registered family child care providers that will operate registered family child care homes or registered large family child care homes;

2. Live in a low–income community in the county, as determined by the local school system;

3. Have a gross household income that does not exceed 50% of the statewide median income for a household of like size; and

4. Own or rent as their primary residence the dwelling that will be used as the family child care home or large family child care home.

(e) A grant awarded under this section may be used to offer services to individuals described under subsection (d)(2)(ii) of this section by:

(1) Providing multilingual outreach and translation services to recruit and train individuals to become registered family child care providers;

(2) Providing technical assistance and start–up assistance for recruited individuals as they navigate the Department’s process to become a registered family child care provider, which includes assistance in meeting building code requirements and inspection expenses to establish registered family child care homes and registered large family child care homes;

(3) Assisting newly registered and established family child care providers through technical assistance to achieve quality benchmarks; and

(4) Assisting individuals with obtaining background checks to become registered family child care providers.
Md. Code, Housing and Community Development § 4-1104 — MD Code / Article ghs / Title 4 / Subtitle 11 / Section 4-1104
§4–1104.
Status: in_force

(a) Operating assistance grants under this subtitle may not exceed the amounts that the Department sets.

(b) During a fiscal year, all operating assistance grants under this subtitle shall be made from:

(1) up to 1% of the total amount of budgeted money in the Homeownership Programs Fund under § 4-502 of this title, the Rental Housing Programs Fund under § 4-504 of this title, and the Special Loan Programs Fund under § 4-505 of this title; and

(2) money appropriated from any other source.
Md. Code, Estates and Trusts § 4-516 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-516
§4–516.
Status: in_force

§4–516. IN EFFECT

(a) In this section, “qualified nonprofit entity” means a procurement organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code or an entity exempt from taxation under § 501(c)(3) of the Internal Revenue Code that actively functions in a supporting relationship to one or more procurement organizations if the procurement organization or other entity has a board of directors whose members are experienced in:

(1) Organ, tissue, and eye donation;

(2) Working with donors and donor families; and

(3) Educating the public about the importance of the process of organ, tissue, and eye donation.

(b) (1) The Secretary of Health shall contract with a qualified nonprofit entity for the establishment, maintenance, and operation of a donor registry.

(2) The Secretary of Health shall use funds from the Organ and Tissue Donation Awareness Fund as required under § 13–901 of the Health – General Article and any other funds as may be appropriate to compensate the nonprofit entity contracted with under paragraph (1) of this subsection for the reasonable cost of establishing, maintaining, and operating the donor registry, including the reasonable cost of public education programs to increase public awareness about the existence and purpose of the registry and organ, tissue, and eye donation.

(c) The Motor Vehicle Administration shall cooperate with the qualified nonprofit entity contracted with under subsection (b)(1) of this section for the purpose of transferring to the donor registry all relevant information regarding a donor’s making, amending of, or revoking of an anatomical gift.

(d) A donor registry shall be accessible 24 hours a day and 7 days a week to allow:

(1) A donor to include on the donor registry a statement or symbol that the donor has made or amended an anatomical gift;

(2) A donor to revoke an anatomical gift; or

(3) A procurement organization to obtain relevant information on the donor registry to determine, at the death or imminent death of a donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at the death or imminent death of the donor or prospective donor, whether the donor or prospective donor has made or amended an anatomical gift.

(f) (1) This section does not prohibit a person from creating or maintaining a donor registry that is not established by or under contract with the State.

(2) A registry that is not established by or under contract with the State shall comply with subsections (d) and (e) of this section.

§4–516. // EFFECTIVE SEPTEMBER 30, 2027 PER CHAPTERS 273 AND 274 OF 2022 //

(a) In this section, “qualified nonprofit entity” means a procurement organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code or an entity exempt from taxation under § 501(c)(3) of the Internal Revenue Code that actively functions in a supporting relationship to one or more procurement organizations if the procurement organization or other entity has a board of directors whose members are experienced in:

(1) Organ, tissue, and eye donation;

(2) Working with donors and donor families; and

(3) Educating the public about the importance of the process of organ, tissue, and eye donation.

(b) (1) The Secretary of Health shall contract with a qualified nonprofit entity for the establishment, maintenance, and operation of a donor registry.

(2) The Secretary of Health shall use funds from the Organ and Tissue Donation Awareness Fund as required under § 13–901 of the Health – General Article and any other funds as may be appropriate to compensate the nonprofit entity contracted with under paragraph (1) of this subsection for the reasonable cost of establishing, maintaining, and operating the donor registry, including the reasonable cost of public education programs to increase public awareness about the existence and purpose of the registry and organ, tissue, and eye donation.

(c) The Motor Vehicle Administration shall cooperate with the qualified nonprofit entity contracted with under subsection (b)(1) of this section for the purpose of transferring to the donor registry all relevant information regarding a donor’s making, amending of, or revoking of an anatomical gift.

(d) A donor registry shall be accessible 24 hours a day and 7 days a week to allow:

(1) A donor to include on the donor registry a statement or symbol that the donor has made or amended an anatomical gift;

(2) A donor to revoke an anatomical gift; or

(3) A procurement organization to obtain relevant information on the donor registry to determine, at the death or imminent death of a donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at the death or imminent death of the donor or prospective donor, whether the donor or prospective donor has made or amended an anatomical gift.

(f) (1) This section does not prohibit a person from creating or maintaining a donor registry that is not established by or under contract with the State.

(2) A registry that is not established by or under contract with the State shall comply with subsections (d) and (e) of this section.
Md. Code, General Provisions § 4-334 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-334
§4–334.
Status: in_force

(a) Except as provided in subsection (b) of this section, a custodian shall deny inspection of the part of an application for a marriage license under § 2–402 of the Family Law Article or a recreational license under Title 4 of the Natural Resources Article that contains a Social Security number.

(b) A custodian shall allow inspection of the part of an application described in subsection (a) of this section that contains a Social Security number by:

(1) a person in interest; or

(2) on request, the State Child Support Administration.
Md. Code, Housing and Community Development § 4-1710 — MD Code / Article ghs / Title 4 / Subtitle 17 / Section 4-1710
§4–1710.
Status: in_force

(a) The Department may award a technical assistance grant only if the applicant agrees to:

(1) a budget that states the types and amounts of expenditures that may be made with the grant;

(2) the manner, timing, and conditions for disbursement of money to the grantee;

(3) a timetable to complete each stage of the project and for final project completion; and

(4) terms to ensure compliance with regulations, special conditions imposed by grant approval, and any other terms or conditions that the Department specifies.

(b) The amount of a technical assistance grant may not exceed 20% of the average purchase price, over the last 3 fiscal years for which data are available, of a home:

(1) financed by a mortgage loan that the Administration purchased under § 4–239 of this title; and

(2) located in the region where the technical assistance grant is to be awarded.

(c) (1) Except as provided in paragraph (2) of this subsection, a technical assistance grant recipient shall complete the project within 2 years after the effective date of the grant.

(2) The Department may extend the term of a technical assistance grant because of delays beyond the reasonable control of the recipient.

(d) The Department may require that all or part of a technical assistance grant be repaid when conditions that the Department specifies occur.
Md. Code, Health - General § 4-403 — MD Code / Article ghg / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) (1) In this section, a “health care provider” means:

(i) An acupuncturist;

(ii) An audiologist;

(iii) A chiropractor;

(iv) A dietitian;

(v) A dentist;

(vi) An electrologist;

(vii) A health care facility that is:

1. A freestanding ambulatory care facility as defined under § 19–3B–01 of this article;

2. A freestanding medical facility as defined under § 19–3A–01 of this article;

3. A health care facility as defined under § 10–101 of this article;

4. A health maintenance organization as defined under § 19–701 of this article;

5. A hospital as defined under § 19–301 of this article;

6. A limited service hospital as defined under § 19–301 of this article;

7. A related institution as defined in § 19–301 of this article; and

8. A residential treatment center as defined under § 19–301 of this article;

(viii) A massage therapist;

(ix) A mortician;

(x) A nurse;

(xi) A nutritionist;

(xii) An occupational therapist;

(xiii) An optometrist;

(xiv) A physical therapist;

(xv) A physician;

(xvi) A podiatrist;

(xvii) A professional counselor;

(xviii) A psychologist;

(xix) A social worker;

(xx) A speech–language pathologist; and

(xxi) A pharmacist.

(2) “Health care provider” includes an agent, employee, officer, or director of any entity listed under paragraph (1) of this subsection.

(b) Except for a minor patient, unless a patient is notified, a health care provider may not destroy a medical record or laboratory or X–ray report about a patient for 7 years after the record or report is made.

(c) In the case of a minor patient, a medical record or laboratory or X–ray report about a minor patient may not be destroyed until the patient attains the age of majority plus 7 years, unless:

(1) The parent or guardian of the minor patient is notified; or

(2) If the medical care documented in the record was provided under § 20–102(c) or § 20–103(c) of this article, the minor patient is notified.

(d) (1) The notice under subsection (b) or (c) of this section shall:

(i) Be made by:

1. First–class mail to the last known address of the patient; or

2. Subject to paragraph (2) of this subsection, e–mail to the last known e–mail address of:

A. The patient; or

B. If the patient is a minor and the medical care documented in the record was not provided under § 20–102(c) or § 20–103(c) of this article, the parent or guardian of the patient;

(ii) Include the date on which the record of the patient shall be destroyed; and

(iii) Include a statement that the record or synopsis of the record, if wanted, must be retrieved at a designated location.

(2) If notice is provided under paragraph (1)(i)2 of this subsection and no response or delivery receipt is obtained from the e–mail address to which notice was provided, the health care provider shall provide notice under paragraph (1)(i)1 of this subsection at least 10 days before the date on which the record is to be destroyed.

(e) The health care provider shall make the record or report available for retrieval:

(1) By the patient or the parent or guardian of the minor patient within 60 days before the date of destruction; and

(2) At the location designated in the notice of destruction of the record or report.

(f) After the death, retirement, surrender of the license, or discontinuance of the practice or business of a health care provider, the health care provider, the administrator of the estate, or a designee who agrees to provide for the maintenance of the medical records of the practice or business and who states, in writing to the appropriate health occupation board within a reasonable time, that the records will be maintained in compliance with this section, shall forward the notice required in this section before the destruction or transfer of medical records to:

(1) The patient; or

(2) For a minor patient, the parent or guardian of the minor patient unless the medical care documented in the record was provided under § 20–102(c) or § 20–103(c) of this article.

(g) (1) After consulting with the Maryland Hospital Association, the Maryland State Medical Society, and other interested parties, including consumers and payors, the Secretary shall adopt regulations governing the destruction of medical records.

(2) The regulations adopted under this subsection shall:

(i) Specify the manner in which a health care provider shall maintain and store medical records to:

1. Ensure confidentiality; and

2. Provide limited access to the medical records until the records are destroyed; and

(ii) Ensure that the method of destruction renders the medical records unreadable.

(3) The regulations adopted under this subsection may not:

(i) Require or encourage the destruction of medical records; or

(ii) Be inconsistent with any provision of law applicable to the maintenance or destruction of medical records.

(h) (1) A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.

(2) (i) In addition to any other penalties provided under this article, a health care facility that knowingly violates this section is subject to an administrative fine not exceeding $10,000 for all violations cited in a single day.

(ii) 1. In addition to any other penalties provided under this article, an individual who knowingly violates this section is subject to the fines provided in subsubparagraph 2 of this subparagraph if the individual is:

A. A health care provider, as defined under subsection (a)(1)(i) through (vi) or (viii) through (xx) of this section; or

B. An agent, employee, officer, or director of a health care provider.

2. The administrative fines applicable to an individual covered under subsubparagraph 1 of this subparagraph shall be assessed as follows:

A. The first fine assessed or first set of fines assessed concurrently for all violations cited in a single day may not exceed $1,000;

B. The second fine assessed or second set of fines assessed concurrently for all violations cited in a single day may not exceed $2,500; and

C. The third or subsequent fine assessed or third or subsequent set of fines assessed concurrently for all violations cited in a single day may not exceed $5,000.
Md. Code, Corporations and Associations § 4A-12A-01 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-01
§4A–12A–01.
Status: in_force

§4A–12A–01. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) In this subtitle the following words have the meanings indicated.

(b) “Assembly” means all members of a limited worker cooperative association who have voting rights under this subtitle and the limited worker cooperative association’s cooperative agreement.

(c) “Collective worker cooperative” means a limited worker cooperative association that has only one class of members consisting of worker members who manage all of the affairs of the association.

(d) “Cooperative agreement” means the operating agreement of a limited worker cooperative association.

(e) “Foreign worker cooperative” means an entity formed under the laws of a state other than this State that is similar to an entity formed under this subtitle.

(f) “Investor member” means a member of a limited worker cooperative association who is not required or permitted to conduct patronage with the association in the member’s capacity as an investor member in order to receive or retain the member’s interest in the association.

(g) “Limited worker cooperative association” means a Maryland limited liability company that elects to be a limited worker cooperative association in accordance with this subtitle.

(h) “Patron member” means a member of a limited worker cooperative association who is required or permitted to conduct patronage with the association.

(i) “Patronage” means business transactions between a limited worker cooperative association and a person that entitles the person to receive financial rights based on the value or quantity of business between the association and the person.

(j) “Representative” means a person serving on the board of representatives of a limited worker cooperative association.

(k) “Voting power” means the proportion of total votes entitled to be cast on a matter that are held by a particular member or a group or class of members.

(l) “Worker member” means a patron member of a limited worker cooperative association who is a natural person and whose patronage consists of or includes labor contributed to or for the association.
Md. Code, Corporations and Associations § 4A-1011 — MD Code / Article gca / Title 4A / Subtitle 10 / Section 4A-1011
§4A–1011.
Status: in_force

With respect to a cause of action on which a foreign limited liability company would not otherwise be subject to suit in this State, compliance with this title:

(1) Does not of itself render a foreign limited liability company subject to suit in this State; and

(2) Is not considered as consent by it to be sued in this State.
Md. Code, Housing and Community Development § 4-2307 — MD Code / Article ghs / Title 4 / Subtitle 23 / Section 4-2307
§4–2307.
Status: in_force

Subject to the limitations of the State budget, beginning in fiscal year 2019 and for each fiscal year thereafter, the Governor shall include in the annual budget an appropriation for the Program of $516,828.
Md. Code, Environment § 4-116 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-116
§4–116.
Status: in_force

(a) (1) Any person who violates any provision of this subtitle is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court.

(2) The court may order the person to restore the area unlawfully disturbed.

(3) Each day upon which the violation occurs constitutes a separate offense.

(b) Any agency whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle.

(c) (1) In addition to any other sanction under this subtitle, the appropriate State, county, or municipal agency may bring a civil action against a person for a violation of this subtitle.

(2) (i) The action may seek the imposition of a civil penalty up to $10,000 for each violation.

(ii) In imposing a penalty under this paragraph, the court may consider the cost of restoring the area unlawfully disturbed.

(3) (i) A county or municipal agency that recovers penalties in accordance with this subtitle shall deposit them in a special fund, to be used solely for:

1. Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and

2. Administration of the sediment control program.

(ii) A State agency that recovers penalties in accordance with this subtitle shall deposit them into the Maryland Clean Water Fund established under § 9–320 of this article.

(d) If a county or municipality fails to enforce any provision of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation and to recover penalties or fees under this section.

(e) (1) In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty on any person who violates any provision of this subtitle or any regulation or plan adopted, approved, or issued under this subtitle. Any request for a hearing on a penalty issued under this subsection must be made in writing no later than 10 working days after receipt of the notice assessing a penalty.

(2) The penalty imposed on a person under this subsection shall be:

(i) Up to $1,000 for each violation, but not exceeding $20,000 total for any action; and

(ii) Assessed with consideration given to:

1. The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

2. Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;

3. The cost of cleanup and the cost of restoration of natural resources;

4. The nature and degree of injury to or interference with general welfare, health, and property;

5. The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;

6. The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;

7. The degree of hazard posed by the particular pollutant or pollutants involved;

8. The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and

9. Whether or not penalties were assessed or will be assessed under other provisions of this subtitle.

(3) Each day a violation occurs is a separate violation under this subsection.

(4) Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of penalties.

(5) Any penalty collected under this subsection or for a violation of § 4–413 of this title shall be placed in the Maryland Clean Water Fund established under § 9–320 of this article.
Md. Code, Housing and Community Development § 4-2106 — MD Code / Article ghs / Title 4 / Subtitle 21 / Section 4-2106
§4–2106.
Status: in_force

The Department shall provide staff for the Council.
Md. Code, Natural Resources § 4-1018 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1018
§4–1018.
Status: in_force

(a) The Department may adopt regulations governing the size, type, and use of containers used to measure oysters harvested or sold in the State.

(b) Due to the quantity of water contained in measures of newly shucked oysters, any proprietor or manager of a plant, house, or establishment shall measure oysters as received from the shuckers in a special gallon cup which contains no more than 9 pints. Any device other than this 9 pint gallon cup may not be used to measure any oysters received from shuckers. A Natural Resources police officer shall stamp every 9 pint gallon measure used in measuring newly shucked oysters. A proprietor or manager of any house, plant, or establishment which shucks oysters shall have every 9 pint gallon measure stamped.

(c) Every shucked oyster sold in the State shall be sold by the standard United States one–half pint, pint, quart, or gallon liquid measure, or by fractions or multiples of these liquid measures.
Md. Code, Housing and Community Development § 4-810 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-810
§4–810.
Status: in_force

(a) To qualify for a loan under § 4-804(1)(i), (4), or (5) of this subtitle, an applicant:

(1) shall be a member of a household of limited income;

(2) on closing of the loan, shall intend to reside in the home to be financed;

(3) may not own other property used as the applicant’s personal residence; and

(4) in the estimation of the Department, shall lack the financial resources to obtain a private conventional mortgage or to qualify for other departmental loan programs.

(b) To qualify for a loan under § 4-804(1)(ii) of this subtitle, an applicant:

(1) shall agree in writing to live as an owner-occupant in one of the units of a residential building with no more than four units;

(2) shall agree in writing to rent each unit other than the applicant’s unit to a household of limited income; and

(3) in the estimation of the Department, shall lack the financial resources to obtain a private conventional mortgage or qualify for other departmental loan programs.

(c) To qualify for a loan under § 4-804(2) of this subtitle, an applicant shall agree to sell or rent each dwelling unit constructed or rehabilitated with the proceeds of the loan to a household of limited income.

(d) To qualify for a loan under § 4–804(6) of this subtitle, an applicant shall:

(1) own and occupy the home as the applicant’s principal residence; and

(2) meet the income requirements set by the Department.
Md. Code, Natural Resources § 4-744 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-744
§4–744.
Status: in_force

The Department shall issue a synopsis of laws covering pertinent information when issuing any commercial fishing license. A chart or adequate description of restricted waters shall be available at cost upon request.
Md. Code, Education § 4-405 — MD Code / Article ged / Title 4 / Subtitle 4 / Section 4-405
§4–405.
Status: in_force

(a) The county board and the County Superintendent shall:

(1) Establish annual goals for the performance of the county school system; and

(2) Evaluate the performance of the county school system against the goals established under item (1) of this subsection in a public meeting of the county board each year.

(b) (1) Each year, the county board and the County Superintendent shall conduct a poll of the stakeholders and community members of the county school system to measure public opinion on the confidence and effectiveness of the county board, County Superintendent, and county school system, addressing each component separately.

(2) When establishing annual goals for the performance of the county board and the county school system, the county board and the County Superintendent shall consider the findings of the poll conducted under this subsection.

(c) At the first meeting of the county board each year, the county board shall:

(1) Review the respective roles, duties, and responsibilities of the county board and the County Superintendent;

(2) Announce the annual performance goals of the county board as determined under § 3–1004 of this article;

(3) Discuss the results of the county board self–evaluation as determined under § 3–1004 of this article; and

(4) Discuss the professional development completed by the county board members during the previous year.
Md. Code, Public Safety § 4-503 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) There is a State Aid for Police Protection Fund.

(b) The Fund provides a continuing grant from the General Fund of the State that shall be used exclusively to provide adequate police protection in the counties and qualifying municipalities through the sharing of costs on an equitable basis within certain limits related to population factors.
Md. Code, Housing and Community Development § 4-2806 — MD Code / Article ghs / Title 4 / Subtitle 28 / Section 4-2806
§4–2806.
Status: in_force

The Department shall adopt:

(1) regulations to specify criteria for the application for and approval of the financial assistance under this subtitle; and

(2) any other regulations necessary to carry out the provisions of this subtitle.
Md. Code, Natural Resources § 4-11A-17.1 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-17.1
§4–11A–17.
Status: in_force

§4–11A–17.1.

Oysters grown and harvested under § 4–11A–17 of this subtitle may not be commercially harvested, sold, or marketed for human consumption.
Md. Code, Housing and Community Development § 4-101 — MD Code / Article ghs / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Administration” means the Community Development Administration.

(c) “Division” means the Division of Development Finance.

(d) “Elderly household” means, except as provided in § 4–2901 of this title, one or more individuals who occupy a residential dwelling unit, at least one of whom meets the age limit specified by the Secretary that:

(1) is greater than or equal to age 55; and

(2) may vary for different programs or types of projects.

(e) “Nonprofit sponsor” means a sponsor that is:

(1) a nonprofit organization; or

(2) a limited partnership, if:

(i) 1. each general partner is a nonprofit organization; or

2. each general partner is a wholly owned subsidiary of a nonprofit organization;

(ii) the limited partnership is formed to undertake a project that is eligible as a whole or in part for a federal program or incentive, including low–income housing tax credits; and

(iii) a nonprofit organization manages the project or will receive the net cash flow or residual sale proceeds on the sale of the project.
Md. Code, Commercial Law § 4-504 — MD Code / Article gcl / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.

(b) For its reasonable expenses incurred by action under subsection (a) the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller’s lien.
Md. Code, Natural Resources § 4-1009.1 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1009.1
§4–1009.
Status: in_force

§4–1009.1.

(a) The Department may adopt regulations which designate an area as a harvest reserve area for oysters.

(b) Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:

(1) The opening or closure of an area for the harvesting or conservation of oysters;

(2) The harvest limit;

(3) The seasons, days, and times when oysters may be harvested;

(4) A minimum size limit of not less than 3 inches; and

(5) A maximum size limit.

(c) (1) An action of the Department under subsection (b) of this section may not become effective until:

(i) A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and

(ii) 48 hours after notice has been published:

1. In at least one newspaper of general circulation in the State;

2. In at least one newspaper of general circulation in each county in which the affected waters are located; and

3. On the website of the Department.

(2) The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department’s action.

(d) The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:

(1) Growth rates;

(2) Disease prevalence and intensity;

(3) Mortality thresholds; and

(4) Biomass thresholds.
Md. Code, Health - General § 4-402 — MD Code / Article ghg / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

On admission of a patient, a hospital, related institution, or mental health outpatient clinic shall record on the medical record whether the patient is a veteran of the uniformed services.
Md. Code, Housing and Community Development § 4-2920 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2920
§4–2920.
Status: in_force

On or before December 30, 2024, and each year thereafter, the Department and each political subdivision that has a public housing agency shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) the number of families receiving assistance under the State Program;

(2) compliance with income eligibility requirements under the federal Housing Choice Voucher Program;

(3) the total amount of funds received;

(4) the number of households terminated from the State Program;

(5) the incomes of families receiving assistance under the State Program;

(6) the geographic locations where families receiving assistance under the State Program have been housed;

(7) the race and gender of individuals in families receiving assistance under the State Program;

(8) the household size for families receiving assistance under the State Program;

(9) the number of families receiving assistance under the State Program, based on the preferences listed in § 4–2906 of this subtitle;

(10) the length of time that each family has received assistance under the State Program;

(11) the average length of time from application into the State Program and receipt of housing assistance payments;

(12) any referrals made for families under the State Program for wraparound services, including job training;

(13) any resources used to advertise the State Program;

(14) the disability status of households served; and

(15) the number of households in which State Program assistance ended without the households having received federal housing choice vouchers.
Md. Code, Public Safety § 4-1503 — MD Code / Article gps / Title 4 / Subtitle 15 / Section 4-1503
§4–1503.
Status: in_force

For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation:

(1) sufficient to fully fund the requirements of § 4–1501 of this subtitle; and

(2) of at least $500,000 in addition to the funding required under item (1) of this section to be used by the Governor’s Office of Crime Prevention and Policy to hire and manage “End the Violence” P.R.O.T.E.C.T. Coordinators established under § 4–1502 of this subtitle.
Md. Code, Housing and Community Development § 4-2306 — MD Code / Article ghs / Title 4 / Subtitle 23 / Section 4-2306
§4–2306.
Status: in_force

(a) Program funds may be used for:

(1) salary and FICA for housing navigators and aftercare case managers;

(2) client–related expenses, including:

(i) first and final months’ rent;

(ii) transportation for housing searches;

(iii) moving expenses;

(iv) essential furnishings;

(v) storage;

(vi) arrearages;

(vii) credit checks and housing application fees;

(viii) security deposits;

(ix) utility deposits; and

(x) other identified needs; and

(3) other items that the Department designates.

(b) A local administrative agency shall be designated by the Department or a local government to manage the Program in a particular subdivision, provide services, and provide funds for additional costs, including operating costs, related to the Program.
Md. Code, Housing and Community Development § 4-805 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-805
§4–805.
Status: in_force

The Department may:

(1) contract for services related to the Program;

(2) contract with private mortgage servicers to perform on behalf of the Department functions the servicers ordinarily perform, including foreclosure and employment of counsel;

(3) require payment of a nonrefundable application fee;

(4) purchase or commit to purchase from mortgage lenders notes or mortgages that meet the requirements of this subtitle, any regulations adopted under it, and appropriate Program directives; and

(5) without approval or execution by the Board of Public Works:

(i) assign a mortgage for value;

(ii) release a mortgage;

(iii) foreclose a mortgage;

(iv) acquire property that secures a loan in default;

(v) encumber, sell, or otherwise dispose of property acquired in connection with a loan in default;

(vi) sell a loan at a discount or on other terms acceptable to the Department;

(vii) transfer to the Fund money received on the sale of a loan under item (vi) of this item; and

(viii) repurchase or pay the cost of servicing a loan that has been sold under item (vi) of this item with money in the Fund and on terms acceptable to the Department.
Md. Code, Alcoholic Beverages and Cannabis § 4-1204 — MD Code / Article gab / Title 4 / Subtitle 12 / Section 4-1204
§4–1204.
Status: in_force

(a) A Class C per diem beer, wine, and liquor license entitles the license holder to exercise any of the privileges conferred by this class of license:

(1) for the use of a person holding an entertainment event that is conducted by a club;

(2) at the place described in the license; and

(3) for a period not exceeding 7 consecutive days.

(b) Alcoholic beverages sold under a Class C per diem beer, wine, and liquor license shall be purchased by the license holder from a retail dealer.
Md. Code, Economic Development § 4-303 — MD Code / Article gec / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

The Office may:

(1) ask any State or local governmental unit for assistance and information to carry out this subtitle;

(2) accept a gift, bequest, or grant from a public or private source for any of the purposes of this subtitle;

(3) spend money made available in accordance with the State budget for any of the purposes of this subtitle; and

(4) do any other act necessary to carry out this subtitle.
Md. Code, Natural Resources § 4-508 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

A skipper, captain or other person commanding a vessel, float, or boat may not pass knowingly, wantonly, maliciously, or as a result of gross negligence, through any net lawfully placed and marked. Any person who violates this section is guilty of a misdemeanor and upon conviction is subject to a fine equal to the damages suffered by the owner or occupier of the fishery, and court costs.
Md. Code, Alcoholic Beverages and Cannabis § 4-208 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) Before a local licensing board may approve an application for a license, the local licensing board shall publish notice of the application two times in 2 successive weeks:

(1) in two newspapers of general circulation in the jurisdiction; or

(2) if only one newspaper of general circulation exists in the jurisdiction, in that newspaper.

(b) The notice shall state:

(1) the name of the applicant;

(2) the type of license for which the application is made;

(3) the location described in the application; and

(4) the date, time, and place set by the local licensing board for a hearing on the application.
Md. Code, Real Property § 4-109 — MD Code / Article grp / Title 4 / Subtitle 1 / Section 4-109
§4–109.
Status: in_force

(a) If an instrument was recorded before January 1, 1973, any failure of the instrument to comply with the formal requisites listed in this section has no effect, unless the defect was challenged in a judicial proceeding commenced by July 1, 1973.

(b) If an instrument is recorded on or after January 1, 1973, whether or not the instrument is executed on or after that date, any failure to comply with the formal requisites listed in this section has no effect unless it is challenged in a judicial proceeding commenced within six months after it is recorded.

(c) For the purposes of this section, the failures in the formal requisites of an instrument are:

(1) A defective acknowledgment;

(2) A failure to attach any clerk’s certificate;

(3) An omission of a notary seal or other seal;

(4) A lack of or improper acknowledgment or affidavit of consideration, agency, or disbursement;

(5) An omission of an attestation;

(6) A failure to name any trustee in a deed of trust; or

(7) A lack of or defective witness attestation to a power of attorney.
Md. Code, Financial Institutions § 4-303 — MD Code / Article gfi / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) A savings bank may pay interest on its deposits only from its profits, after deducting expenses for management, losses, necessary credits to premium accounts, taxes, and required additions to the guaranty fund.

(b) In determining its profits, a savings bank is not required, as to any bond that it buys or holds, to charge off from the premium of the bond more than an amount proportionate to the life of the bond.
Md. Code, Natural Resources § 4-11A-19 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-19
§4–11A–19.
Status: in_force

Notwithstanding any other provision of this title, the Department may adopt regulations that allow taking, possession, transport, or sale of oysters, from leased oyster bottoms that are less than the minimum size limit in §§ 4–1015 and 4–1015.1 of this title.
Md. Code, Commercial Law § 4A-201 — MD Code / Article gcl / Title 4A / Subtitle 2 / Section 4A-201
§4A–201.
Status: in_force

(a) “Security procedure” means a procedure established by agreement of a customer and a receiving bank for the purpose of:

(1) Verifying that a payment order or communication amending or cancelling a payment order is that of the customer; or

(2) Detecting error in the transmission or the content of the payment order or communication.

(b) A “security procedure” may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices.

(c) Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a “security procedure”.
Md. Code, Housing and Community Development § 4-233.1 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-233.1
§4–233.
Status: in_force

§4–233.1.

(a) (1) In this section the following words have the meanings indicated.

(2) “Capital reserve fund” means a reserve fund created under this section.

(3) “Minimum capital reserve requirement” means the minimum capital reserve amount established by the Administration for a capital reserve fund in connection with the issuance of bonds, notes, or other obligations of the Administration in connection with the financing of one or more infrastructure projects.

(b) The Administration may establish one or more capital reserve funds in connection with the financing of one or more infrastructure projects.

(c) Money in a capital reserve fund shall be used solely to pay the principal of, and premium and interest on, the bonds, notes, or other obligations of the Administration:

(1) secured by the capital reserve fund; and

(2) issued in connection with financing infrastructure projects.

(d) A capital reserve fund may consist of:

(1) money appropriated in the State budget for the purposes of the capital reserve fund;

(2) proceeds of a sale of bonds, notes, or other obligations of the Administration or the State;

(3) investment earnings of the capital reserve fund; and

(4) any other money from any other source accepted for the benefit of a capital reserve fund.

(e) (1) If the balance of a capital reserve fund is less than the minimum capital reserve requirement established by the Administration for that fund, the Administration:

(i) may not use money from the fund for the optional purchase or redemption of a bond, note, or other obligation of the Administration; and

(ii) shall replenish the fund from available operating revenue generated by infrastructure projects or funds provided by the State.

(2) If available operating revenue generated by infrastructure projects and funds provided by the State are insufficient to replenish a capital reserve fund as required under paragraph (1) of this subsection, the Administration shall request that the Comptroller advance the contingent funding to replenish the capital reserve fund as provided in the Local Government Infrastructure Financing Program Capital Reserve Fund Loan of 2009 (Chapter 719 (S.B. 932/H.B. 1330) of the Acts of the General Assembly of 2009) or any other bond bill enabling act for this purpose.

(f) (1) Except as provided in paragraph (2) of this subsection, the Administration may not issue bonds, notes, or other obligations secured in whole or in part by a capital reserve fund if on issuance the amount in the capital reserve fund will be less than the minimum capital reserve requirement.

(2) The limitation under paragraph (1) of this subsection does not apply if at the time of issuance an amount is deposited in the capital reserve fund so that on issuance the total amount in the capital reserve fund will be at least equal to the minimum capital reserve requirement.
Md. Code, Labor and Employment § 4-203 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National Labor Relations Board for the conduct of consent elections, intervention, and decertification.
Md. Code, Insurance § 4-504 — MD Code / Article gin / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, an insurer or the insurance group of which the insurer is a member shall have discretion over the responses to a CGAD inquiry.

(2) The CGAD shall contain the material information necessary to permit the Commissioner to develop an understanding of the corporate governance structure, policies, and practices of the insurer or insurance group.

(b) The Commissioner may request from an insurer or the insurance group of which the insurer is a member additional information that the Commissioner determines material and necessary.

(c) The insurer or the insurance group of which the insurer is a member shall:

(1) maintain documentation and supporting information; and

(2) make the documentation and supporting information available to the Commissioner on examination or on request of the Commissioner.
Md. Code, Agriculture § 4-210 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

The Secretary may prescribe conditions limiting the entry of poultry products and other materials into any official establishment to assure that entry is consistent with the purposes of this subtitle.
Md. Code, Criminal Law § 4-302 — MD Code / Article gcr / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: reserved

This subtitle does not apply to:

(1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State, or a railroad police officer authorized under Title 3 of the Public Safety Article or 49 U.S.C. § 28101;

(2) a firearm modified to render it permanently inoperative;

(3) possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who is:

(i) providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempted under item (1) of this section;

(ii) acting to sell or transfer an assault weapon or detachable magazine to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or

(iii) acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair;

(4) organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons and applicable ammunition and detachable magazines;

(5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated firearm;

(6) the receipt of an assault weapon or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate;

(7) possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local unit in the State and is not otherwise prohibited from receiving an assault weapon or detachable magazine if:

(i) the assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or

(ii) the assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement;

(8) possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Title 5, Subtitle 3 of the Public Safety Article; or

(9) possession, receipt, and testing by, or shipping to or from:

(i) an ISO 17025 accredited, National Institute of Justice–approved ballistics testing laboratory; or

(ii) a facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
Md. Code, Transportation § 4-201 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

There is a Maryland Transportation Authority.
Md. Code, Local Government § 4-206 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) The organizing committee shall present to the county commissioners or county council a proposed municipal charter:

(1) within 45 days after receiving the comments submitted to the organizing committee under § 4–205(c) of this subtitle; or

(2) if the county commissioners or county council has not submitted comments, within 90 days after the report is submitted by the organizing committee under § 4–205(a)(1)(iii) of this subtitle.

(b) The organizing committee shall submit statements with the proposed municipal charter describing:

(1) the likely fiscal effect of the proposed incorporation on residents of the proposed municipality, residents in the vicinity of the proposed municipality, and the county;

(2) the services that the proposed municipality is expected to provide; and

(3) the impact that the proposed incorporation is expected to have on property tax rates.
Md. Code, Business Occupations and Professions § 4-312 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: reserved

(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:

(1) applies to the Board for reinstatement within 5 years after the license expires;

(2) meets the renewal requirements for that license under § 4-310 of this subtitle; and

(3) pays to the Board a reinstatement fee established by the Board in accordance with § 4-206 of this title, in addition to the renewal fee required under § 4-310 of this subtitle.

(b) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 5 years after the license has expired, the Board shall reinstate the license only if the individual:

(1) meets the renewal requirements for that license under § 4-310 of this subtitle;

(2) pays to the Board a reinstatement fee established by the Board in accordance with § 4-206 of this title, in addition to the renewal fee required under § 4-310 of this subtitle; and

(3) passes the examination required by the Board.
Md. Code, Housing and Community Development § 4-1402 — MD Code / Article ghs / Title 4 / Subtitle 14 / Section 4-1402
§4–1402.
Status: in_force

There are the Rental Allowance Program and other programs in the Department.
Md. Code, Natural Resources § 4-210.2 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-210.2
§4–210.
Status: in_force

§4–210.2.

(a) In this section, “permit” means a Maryland Provisional Chesapeake Bay Charter Boat Permit.

(b) The Department shall establish a Maryland Provisional Chesapeake Bay Charter Boat Permit.

(c) The Department may issue a permit if the person:

(1) Is licensed by Virginia to operate a charter boat in its jurisdictional tidal waters; and

(2) Provides the Department with documentation of fishing activity for 2001 and 2002 based upon licensing and reporting requirements of the Virginia Marine Resources Commission.

(d) A permit issued by the Department:

(1) Is valid only for an authorized person operating a vessel for charter fishing trips originating from the tidal waters of Virginia; and

(2) Is nontransferable.

(e) A person in possession of a permit is not required to possess a Maryland commercial fishing guide license under § 4-210 of this subtitle to operate a charter boat in tidal waters of the Chesapeake Bay in Maryland.

(f) A person operating a charter boat under the provisions of this section shall have all appropriate federal and State licenses and the required permit in possession whenever operating a charter boat.

(g) The holder of a permit issued under this section is subject to the penalties under Subtitle 12 of this title.

(h) The Department may adopt regulations necessary to implement this section.
Md. Code, Health Occupations § 4-601 — MD Code / Article gho / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

(a) Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice dentistry or dental hygiene on a human being in this State unless licensed by the Board.

(b) A person may not aid or abet unauthorized practice of dental hygiene in this State.
Md. Code, Business Regulation § 4-411 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-411
§4–411.
Status: in_force

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.

(b) A student-athlete may not waive the right to cancel an agency contract.

(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
Md. Code, Environment § 4-415 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-415
§4–415.
Status: in_force

If a violation of any provision of this subtitle has occurred and the existence of the violation has been finally determined, the Department shall promptly issue an order requiring the correction of each violation found to have occurred, and the Department shall secure compliance with the provisions of the order. If the terms of the order are violated or if the violation has not been corrected within the time specified in the order, the violation shall be referred to the Attorney General, who, in addition to any other action taken or which he elects to take against the violator, shall take appropriate legal action to require correction of the violation. This section does not prevent the Attorney General or the Department from taking action against the violator before the expiration of the time limitations or schedules in the order.
Md. Code, Natural Resources § 4-216 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-216
§4–216.
Status: in_force

(a) The Department shall establish a resident consolidated senior sport fishing license, to be issued to residents of Maryland beginning in the calendar year in which they attain the age of 65.

(b) (1) The resident consolidated senior sport fishing license may be obtained from the Department or from any authorized agent of the Department.

(2) The annual fee for the license is $12.

(3) As compensation, an agent shall retain 50 cents for each license issued.

(c) A resident consolidated senior sport fishing license shall be valid for 1 year following the date of issuance.

(d) A holder of a resident consolidated senior sport fishing license may:

(1) Engage in angling on the nontidal waters of the State without holding an angler’s license under § 4–604 of this title; and

(2) Fish for finfish in the Chesapeake Bay and its tributaries or in the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without holding a Chesapeake Bay and coastal sport fishing license under § 4–745 of this title.
Md. Code, Housing and Community Development § 4-232 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-232
§4–232.
Status: in_force

(a) (1) Each ordinance or resolution enacted under this section:

(i) shall be adopted by the governing body of the issuer;

(ii) shall be approved by the chief executive officer, if any, of the issuer; and

(iii) shall have the force of law.

(2) Except as provided in subsection (b) of this section, an ordinance, a resolution, or the question of the issuance of local obligations authorized by an ordinance or resolution need not be submitted to a referendum of the qualified voters of the issuer.

(b) The qualified voters of a political subdivision may petition to referendum an ordinance or resolution that authorizes the issuance of local obligations, if:

(1) the charter of the political subdivision authorizes the voters to do so; and

(2) the petition is filed not later than 20 days after the ordinance or resolution is adopted by the governing body of the political subdivision.

(c) An ordinance or resolution authorizing the issuance of local obligations:

(1) may be adopted at the public hearing required under § 4-230(b) of this subtitle or at another regular or special session of the governing body; and

(2) shall be effective on the date adopted and approved.
Md. Code, Economic Development § 4-608 — MD Code / Article gec / Title 4 / Subtitle 6 / Section 4-608
§4–608.
Status: in_force

(a) All artwork funded by the Program is the property of the Commission.

(b) In cooperation with the Department of General Services, the Commission is responsible for the inventory, maintenance, and preservation of all artwork acquired through the Program.
Md. Code, Environment § 4-605 — MD Code / Article gen / Title 4 / Subtitle 6 / Section 4-605
§4–605.
Status: in_force

(a) (1) A loan agreement under this subtitle shall contain those conditions that the Secretary requires by regulation to achieve the purposes of this subtitle and to protect the interests of the State.

(2) A loan agreement under this subtitle shall contain provisions that authorize the Secretary to recall the loan and require that any amount of financial assistance provided under this subtitle be returned to the State under terms established by the Secretary, if the Secretary determines that:

(i) The recipient of a loan under this subtitle fails to remain in compliance with any law or regulation governing the installation, operation, or use of underground storage tanks; or

(ii) The proceeds of a loan provided under this subtitle have been used for a purpose other than one authorized under this subtitle.

(3) Any funds returned to the State under this subsection shall be credited to the Underground Storage Tank Upgrade and Replacement Fund.

(b) A loan extended under this subtitle:

(1) May not exceed $50,000 for any one upgrade;

(2) Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and

(3) Shall be repaid in full in a term not to exceed 15 years in accordance with the provisions of the loan agreement.

(c) The aggregate amount of all loans awarded under this subtitle to a single applicant in any calendar year may not exceed $150,000, unless the Secretary determines that extraordinary circumstances exist.

(d) The proceeds of a loan awarded under this subtitle may be applied to the costs of developing plans and specifications, equipment, construction, and site assessment related to the upgrade and replacement of underground storage tanks.
Md. Code, Business Occupations and Professions § 4-602 — MD Code / Article gbo / Title 4 / Subtitle 6 / Section 4-602
§4–602.
Status: in_force

A person may not operate a barbershop in the State unless the person holds a barbershop permit issued by the Board.
Md. Code, Family Law § 4-507 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

(a) (1) A protective order may be modified or rescinded during the term of the protective order after:

(i) giving notice to all affected persons eligible for relief and the respondent; and

(ii) a hearing.

(2) For good cause shown, a judge may extend the term of the protective order for 6 months beyond the period specified in § 4–506(j) of this subtitle, after:

(i) giving notice to all affected persons eligible for relief and the respondent; and

(ii) a hearing.

(3) (i) Subject to subparagraph (ii) of this paragraph, a judge may extend the term of a protective order for a period not to exceed 2 years from the date the extension is granted if:

1. during the term of the protective order, the judge finds by a preponderance of the evidence that the respondent named in the protective order has committed a subsequent act of abuse against a person eligible for relief named in the protective order; or

2. the respondent named in the protective order consents to the extension of the protective order.

(ii) The judge may extend the term of the protective order under subparagraph (i) of this paragraph after:

1. giving notice to all affected persons eligible for relief and the respondent; and

2. a hearing.

(iii) In determining the period of extension of a protective order under subparagraph (i)1 of this paragraph, the judge shall consider the following factors:

1. the nature and severity of the subsequent act of abuse;

2. the history and severity of abuse in the relationship between the respondent and any person eligible for relief named in the protective order;

3. the pendency and type of criminal charges against the respondent; and

4. the nature and extent of the injury or risk of injury caused by the respondent.

(4) (i) If, during the term of a final protective order, a petitioner or person eligible for relief files a motion to extend the term of the order under paragraph (2) or (3) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

(ii) If the hearing on the motion is not held before the original expiration date of the final protective order, the order shall be automatically extended and the terms of the order shall remain in full force and effect until the hearing on the motion.

(b) (1) If a District Court judge grants or denies relief under a petition filed under this subtitle, a respondent, any person eligible for relief, or a petitioner may appeal to the circuit court for the county where the District Court is located.

(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court.

(3) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court. Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.
Md. Code, Housing and Community Development § 4-509 — MD Code / Article ghs / Title 4 / Subtitle 5 / Section 4-509
§4–509.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Anchor institution” means:

(i) an institution of higher education in the State, including departments, foundations, and other entities of the institution; or

(ii) a hospital institution in the State, including departments, foundations, and other entities of the institution, that:

1. has a group of at least five physicians who are organized as a medical staff for the institution;

2. maintains facilities to provide, under the supervision of the medical staff, diagnostic and treatment services for two or more unrelated individuals; and

3. admits or retains the individuals for overnight care.

(3) “Blighted area” means an area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation, or other causes to an extent that they no longer justify fundamental repairs and adequate maintenance.

(4) “Fund” means the Seed Community Development Anchor Institution Fund.

(5) “Sustainable community” means an area designated as a sustainable community under § 6–205 of this article.

(b) There is a Seed Community Development Anchor Institution Fund.

(c) The purpose of the Fund is to provide grants and loans to anchor institutions for community development projects in sustainable communities and blighted areas of the State.

(d) The Department shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) interest earnings of the Fund; and

(3) any other money from any other source accepted for the benefit of the Fund.

(g) (1) The Fund may be used only to provide grants and loans to anchor institutions for community development projects in sustainable communities and blighted areas of the State.

(2) To be eligible for a grant or loan, an anchor institution shall provide evidence of matching funds.

(3) The Department shall award grants and loans from the Fund on a competitive basis.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) (1) For fiscal year 2019, the Governor shall include in the annual budget bill or the capital budget bill an appropriation of $4,000,000 to the Fund.

(2) For fiscal year 2020, the Governor shall include in the annual budget bill or the capital budget bill an appropriation of $5,000,000 for the Fund.

(3) (i) For fiscal year 2021, the Governor shall include in the annual budget bill or the capital budget bill an appropriation of $5,000,000 for the Fund.

(ii) For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual budget bill or the capital budget bill an appropriation of $10,000,000 for the Fund.
Md. Code, Family Law § 4-705 — MD Code / Article gfl / Title 4 / Subtitle 7 / Section 4-705
§4–705.
Status: in_force

On request of the chair of a local team and as necessary to carry out the local team’s purpose and duties under this subtitle, the local team shall be immediately provided:

(1) with access to information and records by a provider of medical care, including dental and mental health care, regarding a person whose death or serious physical injury is being reviewed by the local team; and

(2) access to all information and records maintained by any State or local government agency, including birth certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to the person or the person’s family.
Md. Code, Agriculture § 4-118 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-118
§4–118.
Status: in_force

Subject to the exemptions of this subtitle, no person may engage in the business of slaughtering any livestock, or preparing or labeling any livestock carcass, or part of it, for use as human or animal food, or transporting, buying, or selling any dead, dying, disabled, or diseased livestock without obtaining an annual license. The Secretary shall issue the license for an annual license fee of $25.
Md. Code, Education § 4-117 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-117
§4–117.
Status: in_force

(a) On the recommendation of the county superintendent, a county board may employ architects to assist in preparing plans and specifications for constructing or remodeling a building.

(b) (1) The construction or remodeling of a building shall conform to all applicable State and county building, electrical, fire, and plumbing regulations and codes.

(2) A fee may not be charged for any permit required pursuant to the required regulations or codes for construction or remodeling, but a fee may be charged for water or sewer permits, or for connection and service charges for water and sewerage.

(c) (1) (i) A building to be constructed or substantially remodeled under this section shall be required to install approved carbon monoxide detectors in areas of new and existing educational occupancies where fuel fired equipment is present.

(ii) A signal from a carbon monoxide detector installed under this subsection shall be automatically transmitted to an approved supervising station or to a constantly attended on–site location.

(2) The carbon monoxide detectors required under this subsection shall be installed in accordance with the National Fire Protection Association 720: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, 2009 Edition or as referenced in the State Fire Prevention Code.
Md. Code, Education § 4-142 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-142
§4–142.
Status: in_force

(a) It is the policy of the State that each local school system operate its school library media program consistent with the following standards:

(1) The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;

(2) Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and

(3) Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.

(b) (1) Each local school system shall develop and implement a policy and procedures to review objections to materials in the school library media program.

(2) The policy and procedures developed under paragraph (1) of this subsection shall:

(i) Establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel;

(ii) Require materials under review due to an objection to remain available for use by students and school personnel until the review process has concluded; and

(iii) Establish a reasonable timeline to conduct and conclude the review process in a timely manner.

(c) A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards described under subsection (a) of this section.
Md. Code, Financial Institutions § 4-604 — MD Code / Article gfi / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

(a) In this section, “federal act” means:

(1) The federal Self-Employed Individuals Tax Retirement Act of 1962; or

(2) The federal Employee Retirement Income Security Act of 1974.

(b) A savings bank may act as trustee of a plan under either federal act, as provided in this section.

(c) A savings bank may:

(1) Accept a trust under a plan that:

(i) Constitutes a qualified plan under a federal act and the rules and regulations adopted under it; and

(ii) Requires the exclusive investment of trust funds in deposits of a mutual savings institution; and

(2) Continue as trustee of a plan that is determined not to be or ceases to be a qualified plan, if, when the savings bank accepted the trust, the savings bank judged the plan to be a qualified plan.

(d) A savings bank that is acting as trustee of a plan under a federal act:

(1) May integrate the trust funds with its other deposits; and

(2) Shall keep appropriate, detailed records of all transactions in which it engages as trustee.
Md. Code, Housing and Community Development § 4-1905 — MD Code / Article ghs / Title 4 / Subtitle 19 / Section 4-1905
§4–1905.
Status: in_force

(a) The Department shall issue to the General Assembly, in accordance with § 2–1257 of the State Government Article:

(1) a preliminary report 6 months after the Program is initially activated for each disaster; and

(2) a final report on or before 18 months after the Program is initially activated for each disaster.

(b) The reports shall include:

(1) the amount and type of assistance provided;

(2) the counties in which the assistance was provided; and

(3) the names of any financial institutions that provided assistance under the Program.
Md. Code, Education § 4-126.2 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-126.2
§4–126.
Status: in_force

§4–126.2.

(a) In this section, “Fund” means the Prince George’s County Public–Private Partnership Fund.

(b) There is a Prince George’s County Public–Private Partnership Fund.

(c) The purpose of the Fund is to provide funds to the Prince George’s County Board for the Board to pay a public or private entity for the payment due under the Prince George’s County public–private partnership agreement entered into in accordance with § 4–126.1 of this subtitle.

(d) The Interagency Commission on School Construction shall administer the Fund as described in the four–party memorandum of understanding entered into under § 4–126(e)(3)(ii) of this subtitle.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) Money deposited into the Fund by Prince George’s County and the Maryland Stadium Authority;

(2) Money deposited into the Fund by the State;

(3) Any investment earnings of the Fund; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to Prince George’s County for alternative financing methods under § 4–126 of this subtitle in Prince George’s County.

(2) If the Prince George’s County Board receives State funding for an availability payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this subtitle may be used only to pay a payment to a private entity under the public–private partnership agreement entered into and approved in accordance with § 4–126.1 of this subtitle.

(h) Any appropriation to the Fund shall be used to supplement, but not supplant, money appropriated to Prince George’s County for public school construction under the Public School Construction Program established in Title 5, Subtitle 3 of this article.

(i) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(j) If a memorandum of understanding is entered into under § 4–126 of this subtitle and State funding is provided for a payment, the Prince George’s County Board and Prince George’s County shall deposit into the Fund the amounts required under the memorandum of understanding.
Md. Code, Family Law § 4-607 — MD Code / Article gfl / Title 4 / Subtitle 6 / Section 4-607
§4–607.
Status: in_force

The center shall provide:

(1) a job counseling program for displaced homemakers that is designed specifically for individuals who are reentering the job market after being absent from the job market for a number of years;

(2) job training programs for jobs that are available in the public and private sectors;

(3) an employment placement program; and

(4) service programs, including:

(i) health services counseling, using existing health services programs;

(ii) money management courses, including information and assistance in dealing with insurance, taxes, mortgages, loans, and probate; and

(iii) information and assistance in dealing with government benefit programs, including Supplemental Security Income, Social Security benefits, Veterans Administration benefits, public assistance, food stamps, and unemployment insurance.
Md. Code, Alcoholic Beverages and Cannabis § 4-408 — MD Code / Article gab / Title 4 / Subtitle 4 / Section 4-408
§4–408.
Status: in_force

(a) A local licensing board may issue renewed licenses for the following license year between April 15 and May 1, inclusive.

(b) All renewed licenses shall be dated May 1.

(c) If an expiring license is subject to an order of restriction or suspension, the local licensing board shall issue the corresponding license renewal subject to the same order.
Md. Code, Real Property § 4-203 — MD Code / Article grp / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) “I hereby assign the within mortgage to the assignee, ............

Witness my hand this ...... day of ...........”

(b) “I hereby release the above (or within) mortgage (or deed of trust).

Witness my hand this ...... day of ...........”

(c) “I hereby certify, under penalties of perjury, that the within (or attached) note(s) are the only original note(s) secured by a deed of trust recorded among the Land Records of .......... in Liber .......... Folio .........., and that I received the said note(s) from (here enter name of holder) after satisfaction of the debt secured thereby.

..............(Affiant)”

(d)”Certificate of Satisfaction

Know All Men By These Presents:

That ................ does hereby acknowledge that the indebtedness secured by a certain deed of trust/mortgage made by .......... and .......... dated .......... and recorded among the Land Records of .......... County/City, Maryland in Liber .......... No. .........., Folio .......... has been fully paid and discharged, that ................ was, at the time of satisfaction, the holder of the deed of trust note/mortgage, and that the lien of the deed of trust/mortgage is hereby released.

Witness the hands and seals of the holders of the said deed of trust note/mortgage this .......... day of ..........., 20.....

In witness whereof, the holder of said deed of trust note/mortgage has caused this instrument to be executed on its behalf by its agent this ........ day of .........., 20.....

Attest:

………………………………………… …………………………………………(Seal)

………………………………………… …………………………………………(Seal)

State of ………, County of, ………, To Wit:

I hereby certify, that on this .......... day of ..........., 20...., before me, the subscriber, personally appeared .............. (who acknowledged ...self to be the agent of ...........) the holder of the deed of trust note/mortgage referred to above and that ....... executed the aforegoing certificate of satisfaction for the purposes therein contained (by signing the name of ............ as its agent) and that the facts set forth therein are true.

Witness my hand and notarial seal.

...................................

Notary Public

My Commission expires: ...........”

(e) “Certificate of Partial Satisfaction or Partial Release

Know All Men By These Presents:

That .............. does hereby acknowledge that a certain deed of trust/mortgage made by .................. and .................. dated .......... and recorded among the Land Records of ........... County/City, Maryland in Liber No. ..... Folio ..... has been partially satisfied or partially released by .................. the holder of the deed of trust/mortgage, and that the lien of the deed of trust/mortgage is hereby released as to the following described property.

Description of property released:

Reserving, however, the lien of the deed of trust/mortgage on all property described in the deed of trust/mortgage which has not been herein nor heretofore released.

Witness the hands and seals of the holders of the said deed of trust/mortgage or agent or trustee of the holder this ....... day of ...... 20.....

Attest:

………………………………………… …………………………………………(Seal)

………………………………………… …………………………………………(Seal)

State of ………, County of, ………, To Wit:

I hereby certify, that on this ....... day of .........., 20...., before me, the subscriber personally appeared .................. (who acknowledged ................ self to be the agent of ................) the holder of the deed of trust/mortgage referred to above and that ............... executed the aforegoing certificate of partial satisfaction or partial release for the purposes therein contained (by signing the name of .............. as its agent) and that the facts set forth therein are true.

Witness my hand and notarial seal.

...........................................

Notary Public

My Commission expires: .................”
Md. Code, Health - General § 4-305 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) This section may not be construed to impose an obligation on a health care provider to disclose a medical record.

(b) A health care provider may disclose a medical record without the authorization of a person in interest:

(1) (i) To the provider’s authorized employees, agents, medical staff, medical students, or consultants for the sole purpose of offering, providing, evaluating, or seeking payment for health care to patients or recipients by the provider;

(ii) To the provider’s legal counsel regarding only the information in the medical record that relates to the subject matter of the representation; or

(iii) To any provider’s insurer or legal counsel, or the authorized employees or agents of a provider’s insurer or legal counsel, for the sole purpose of handling a potential or actual claim against any provider if the medical record is maintained on the claimant and relates to the subject matter of the claim;

(2) If the person given access to the medical record signs an acknowledgment of the duty under this Act not to redisclose any patient identifying information, to a person for:

(i) Educational or research purposes, subject to the applicable requirements of an institutional review board;

(ii) Evaluation and management of health care delivery systems; or

(iii) Accreditation of a facility by professional standard setting entities;

(3) Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle, to a government agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress;

(4) Subject to the additional limitations for a medical record developed primarily in connection with the provision of mental health services in § 4–307 of this subtitle, to another health care provider for the sole purpose of treating the patient or recipient on whom the medical record is kept;

(5) If a claim has been or may be filed by, or with the authorization of a patient or recipient on behalf of the patient or recipient, for covered insureds, covered beneficiaries, or enrolled recipients only, to third party payors and their agents, if the payors or agents have met the applicable provisions of §§ 15–10B–01 to 15–10B–18 of the Insurance Article, including nonprofit health service plans, health maintenance organizations, fiscal intermediaries and carriers, the Department and its agents, the United States Department of Health and Human Services and its agents, or any other person obligated by contract or law to pay for the health care rendered for the sole purposes of:

(i) Submitting a bill to the third party payor;

(ii) Reasonable prospective, concurrent, or retrospective utilization review or predetermination of benefit coverage;

(iii) Review, audit, and investigation of a specific claim for payment of benefits; or

(iv) Coordinating benefit payments in accordance with the provisions of the Insurance Article under more than one sickness and accident, dental, or hospital and medical insurance policy;

(6) If a health care provider makes a professional determination that an immediate disclosure is necessary, to provide for the emergency health care needs of a patient or recipient;

(7) To immediate family members of the patient or any other individual with whom the patient is known to have a close personal relationship, provided that:

(i) The disclosure is limited to information that is directly relevant to the individual’s involvement in the patient’s health care; and

(ii) 1. If the patient is present or otherwise available before the disclosure and has the capacity to make health care decisions:

A. The patient has been provided with an opportunity to object to the disclosure and the patient has not objected; or

B. The health care provider reasonably infers from the circumstances that, based on the health care provider’s professional judgment, the patient does not object to the disclosure; or

2. If the patient is not present or otherwise available before the disclosure is made, or providing the patient with an opportunity to object to the disclosure is not practicable because of the patient’s incapacity or need for emergency care or treatment, the health care provider determines, based on the health care provider’s professional judgment, that the disclosure is in the best interests of the patient;

(8) To an appropriate organ, tissue, or eye recovery agency under the restrictions of § 5–408 of this article for a patient whose organs and tissues may be donated for the purpose of evaluating the patient for possible organ and tissue donation;

(9) To the Department or an organ, tissue, or eye recovery agency designated by the Department for the purpose of conducting death record reviews under § 19–310 of this article;

(10) Subject to subsection (c) of this section, if the purpose of the medical record disclosure is for the coordination of services and record retention within the Montgomery County Department of Health and Human Services; or

(11) To a carrier, as defined in § 15–1301 of the Insurance Article, or an accountable care organization, as defined in § 3022 of the Patient Protection and Affordable Care Act, for the sole purposes of enhancing or coordinating patient care, provided that:

(i) A disclosure under this item is subject to the additional limitations in § 4–307 of this subtitle on disclosure of a medical record developed primarily in connection with the provision of mental health services;

(ii) A medical record may be disclosed only in accordance with the federal Health Insurance Portability and Accountability Act of 1996, any regulations adopted under the Act, and any other applicable federal privacy laws, and disclosures under this item may not be made in violation of the prohibited uses or disclosures under the federal Health Insurance Portability and Accountability Act of 1996;

(iii) A disclosure under this item may not be used for underwriting or utilization review purposes;

(iv) A health care provider that discloses a medical record in accordance with this item shall provide a notice consistent with the requirements of 45 C.F.R. § 164.520 specifying the information to be shared, with whom it will be shared, and the specific types of uses and disclosures that the health care provider may make in accordance with this item;

(v) The notice required by item (iv) of this item shall include an opportunity for the individual to opt out of the sharing of the individual’s medical record with a carrier or an accountable care organization for the purposes identified in this item;

(vi) If a health care provider discloses medical information or medical data to a carrier or accountable care organization through an infrastructure that provides organizational and technical capabilities for the exchange of protected health information among entities not under common ownership, the health care providers are subject to the requirements of §§ 4–302.2 and 4–302.3 of this subtitle; and

(vii) If the disclosure is of abortion care or other sensitive health services information as determined by the Secretary under § 4–302.5(d) of this subtitle, the disclosure is subject to the requirements under § 4–302.5 of this subtitle.

(c) (1) The disclosure of medical records under subsection (b)(10) of this section to a person that is not employed by or under contract with the Montgomery County Department of Health and Human Services shall be conducted in accordance with this subtitle.

(2) Under provisions of State law regarding confidentiality, the Montgomery County Department of Health and Human Services shall be considered to be one agency.
Md. Code, Natural Resources § 4-2A-07 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-07
§4–2A–07.
Status: in_force

(a) Any person who violates the provisions of § 4–2A–05 of this subtitle, or fails to procure any permit required by § 4–2A–05 of this subtitle, or who violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than one year, or both.

(b) Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, fish taken, used or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in his presence or view, this subtitle, any rule or regulation, or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any fish, records, or property taken, or used in connection with any violation.

(c) Equipment, merchandise, fish or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and thereafter shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of fish so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue rules and regulations to implement this section.
Md. Code, Health - General § 4-219 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-219
§4–219.
Status: in_force

(a) At least annually, the Secretary shall:

(1) Publish a report of vital statistics, including population estimates; and

(2) Print and distribute the report to any official, agency, library, or other person whom the Secretary considers entitled to the report.

(b) In addition to the requirements of subsection (a) of this section, by June 30 of each year the Secretary shall report to the Morbidity, Mortality, and Quality Review Committee established under § 18–107 of this article on the number and cause of death of Maryland children under the age of 1 year who died during the prior calendar year ending December 31st.

(c) In addition to the requirements of subsections (a) and (b) of this section, within 24 hours of notification of a death, the Secretary shall report to the Mortality and Quality Review Committee any death of an individual who at the time of death was:

(1) An individual with a developmental disability, as defined in § 7–101(g) of this article, who resided in or was receiving services from any program or facility licensed or operated by the Developmental Disabilities Administration; or

(2) An individual with a mental illness who resided in or was receiving services from any program or facility approved, licensed, or operated by the Behavioral Health Administration.
Md. Code, Transportation § 4-316 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-316
§4–316.
Status: in_force

Except to the extent restricted by the trust agreement, the trustee or any holder of revenue bonds issued under this subtitle or of any of the coupons appertaining to the bonds may:

(1) Bring a suit, action, mandamus, or other proceeding at law or in equity to protect and enforce any right under the laws of this State or under the bond authorizing resolution or trust agreement; and

(2) Enforce and compel the performance of all duties required by this subtitle or by the trust agreement to be performed by the Authority or by any of its officers, including the fixing, charging, and collecting of rentals, rates, fees, tolls, and other charges and revenues.
Md. Code, Tax - Property § 4-102 — MD Code / Article gtp / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) For the collection of the State property tax, a collector shall be bonded as required by the Comptroller. The cost of the bond shall be paid by the State.

(b) For the collection of the county property tax, a collector shall be bonded as required by the county. The cost of the bond shall be paid by the county.
Md. Code, Education § 4-302 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

Subject to the applicable provisions of this article, the Mayor and City Council of Baltimore City shall establish and maintain a system of free public schools in Baltimore City.
Md. Code, Housing and Community Development § 4-604 — MD Code / Article ghs / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

The Department may establish:

(1) eligibility standards for group home sponsors;

(2) Program loan fees and charges;

(3) maximum Program loans for group homes based on their size, use, and location; and

(4) a process for selecting group homes to be financed under the Program that promotes statewide distribution of money.
Md. Code, Natural Resources § 4-902 — MD Code / Article gnr / Title 4 / Subtitle 9 / Section 4-902
§4–902.
Status: in_force

(a) Except as provided in subsection (b) of this section:

(1) A person may not take or possess diamondback terrapin for commercial purposes; and

(2) A person may not possess more than three diamondback terrapin for noncommercial purposes.

(b) This section does not prohibit:

(1) The incidental catch of diamondback terrapin, provided the diamondback terrapin are returned immediately to the water;

(2) The collection or possession of diamondback terrapin in accordance with the terms of a scientific or educational certificate or permit issued in accordance with § 4–212 of this title or § 10–909 of this article; or

(3) The possession and breeding of diamondback terrapin by a person who holds a valid permit issued by the Department for:

(i) Aquaculture activities under Subtitle 11A of this title; or

(ii) Captive wildlife breeding under Title 10, Subtitle 9 of this article.

(c) (1) The Department, in consultation with the Maryland Aquaculture Coordinating Council, shall adopt regulations for diamondback terrapin aquaculture and captive breeding before issuing any additional permits relating to diamondback terrapin under Subtitle 11A of this title or Title 10, Subtitle 9 of this article.

(2) The regulations adopted in accordance with paragraph (1) of this subsection shall include:

(i) Verifiable safeguards to identify legally obtained diamondback terrapin;

(ii) Standards for diamondback terrapin husbandry; and

(iii) Standards for shipping diamondback terrapin.
Md. Code, Human Services § 4-206 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.
Md. Code, Health Occupations § 4-202 — MD Code / Article gho / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) (1) The Board consists of 16 members.

(2) Of the 16 Board members:

(i) 9 shall be licensed dentists;

(ii) 4 shall be licensed dental hygienists; and

(iii) 3 shall be consumer members.

(3) (i) Subject to subsection (b)(1) of this section, the Governor shall appoint the dentist Board members, with the advice of the Secretary and the advice and consent of the Senate, from a list of names submitted to the Governor by the Board.

(ii) The number of names on the list for one vacancy shall be at least four names, for two vacancies at least three names for each vacancy, and for three or more vacancies at least two names for each vacancy.

(4) (i) Subject to subsection (b)(2) of this section, the Governor shall appoint the dental hygienist Board members, with the advice of the Secretary and the advice and consent of the Senate, from a list of names submitted to the Governor by the Board.

(ii) The number of names on the list shall be four times the number of vacancies.

(5) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

(6) To the extent practicable, the members appointed to the Board shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.

(b) (1) For each licensed dentist vacancy, the Board shall:

(i) Send by electronic mail or regular mail a solicitation for nominations to fill the vacancy to:

1. Each dentist licensed by the Board; and

2. Each State dental organization affiliated with a national organization; and

(ii) Conduct a balloting process by which each dentist licensed by the State is eligible to vote to select the names of the licensed dentists to be submitted to the Governor.

(2) For each licensed dental hygienist vacancy, the Board shall:

(i) Send by electronic mail or regular mail a solicitation for nominations to fill the vacancy to:

1. Each dental hygienist licensed by the Board; and

2. Each State dental hygienist organization affiliated with a national organization; and

(ii) Conduct a balloting process by which each dental hygienist licensed by the State is eligible to vote to select the names of the licensed dental hygienists to be submitted to the Governor.

(3) The Board shall develop guidelines for the solicitation of nominations and balloting process that to the extent possible will result in the overall composition of the Board reasonably reflecting the geographic, racial, ethnic, and gender diversity of the State.

(c) Each dentist Board member:

(1) Shall be an individual of recognized ability and honor;

(2) Shall be a practicing holder of a general license to practice dentistry who has practiced dentistry actively in this State for at least 5 years immediately before appointment;

(3) Shall be a resident of this State; and

(4) In the case of a Board member belonging to an association whose members are regulated by the Board, may not be:

(i) An officer of the association;

(ii) A member of the association’s governing board or committee;

(iii) A member of the association’s house of delegates; or

(iv) A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.

(d) Each dental hygienist Board member:

(1) Shall be a practicing holder of a general license to practice dental hygiene who has practiced dental hygiene actively in this State for at least 3 years immediately before appointment;

(2) Shall be a resident of this State;

(3) In the case of a Board member belonging to an association whose members are regulated by the Board, may not be:

(i) An officer of the association;

(ii) A member of the association’s governing board or committee;

(iii) A member of the association’s house of delegates; or

(iv) A voting member of a committee of the association that contributes to the establishment of governmental, regulatory, or legislative policy objectives of the association.

(e) Each consumer member of the Board:

(1) Shall be a member of the general public;

(2) May not be or ever have been a dentist or dental hygienist or in training to become a dentist or dental hygienist;

(3) May not have a household member who is a dentist or dental hygienist or in training to become a dentist or dental hygienist;

(4) May not participate or ever have participated in a commercial or professional field related to dentistry;

(5) May not have a household member who participates in a commercial or professional field related to dentistry; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(f) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

(g) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(h) (1) The term of a member is 4 years.

(2) The terms of the members are staggered as required by the terms provided for members of the Board on October 1, 2006.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) A member may not be appointed for more than 2 consecutive full terms.

(6) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

(i) (1) The Governor may remove a member for incompetence, misconduct, continued neglect of duties imposed by this subtitle, unprofessional conduct, or dishonorable conduct.

(2) The Governor shall remove a member whom the Governor finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Transportation § 4-312 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

(a) (1) Notwithstanding the provisions of Section 3, § 20 and Section 4, § 16 of Chapter 608 of the Acts of the General Assembly of 1976, tolls may continue to be charged on the John F. Kennedy Memorial Highway and any project constructed under the provisions of Section 3 (Bridge, Tunnel, and Motorway Revenue Bonds) of Chapter 608 of the Acts of the General Assembly of 1976.

(2) As to all or any part of any transportation facilities project, the Authority may:

(i) Fix, revise, charge, and collect rentals, rates, fees, tolls, and other charges and revenues for its use or for its services; and

(ii) Contract with any person who desires its use for any purpose and fix the terms, conditions, rentals, rates, fees, tolls, or other charges or revenues for this use.

(3) (i) Before the Authority adopts an increase in tolls, fees, or other charges on any part of a fixed toll transportation facilities project or adopts an increase in mileage rate ranges, pricing periods, toll zones, fees, or other charges on a variably priced toll transportation facilities project, the Authority shall provide an opportunity for public review and comment on the proposed increase at one or more meetings held at a time and place of convenience to the public in each county in which the increase is proposed to be implemented.

(ii) At least 10 working days before the start of the first meeting under subparagraph (i) of this paragraph, the Authority shall provide to the public on the Authority’s official website the proposed increase in tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges and information and studies used in its analysis to justify the proposed increase.

(iii) For a period of at least 10 working days after the last scheduled meeting for public review and comment under subparagraph (i) of this paragraph, the Authority shall provide the public with an opportunity to submit additional written comments on the proposal.

(iv) Within 10 days after the close of the written comment period under subparagraph (iii) of this paragraph, the Authority shall provide to the public on its official website and to the members of the Authority a summary and analysis of the comments received from the public on the proposal.

(4) Before the Authority votes on any proposal to increase tolls, fees, or other charges on any part of a fixed toll transportation facilities project or votes on an increase in mileage rate ranges, pricing periods, toll zones, fees, or other charges on any part of a variably priced toll transportation facilities project, the Authority shall:

(i) Provide in writing to all of the members of the Authority and, on request, to the public any recommendation of the Authority regarding the proposal;

(ii) For a period of at least 10 working days after making any recommendation on the proposal, provide an opportunity for public review and written comment on the recommendation;

(iii) Provide to the public on its official website:

1. Any recommendation of the Authority regarding the proposal; and

2. The time, place, and date of the meeting at which the Authority will vote on the proposal; and

(iv) Provide to each member of the Authority and provide to the public on its official website a summary and analysis of any public comments received under item (ii) of this paragraph by the Authority regarding the Authority’s recommendation.

(5) (i) At any meeting in which a recommendation to increase tolls, fees, or other charges on a fixed toll transportation facilities project or a recommendation to increase mileage rate ranges, pricing periods, toll zones, fees, or other charges on a variably priced transportation facilities project is scheduled for consideration, the Authority shall provide the public a reasonable amount of time to comment on the recommendation before the Authority votes on the recommendation.

(ii) If the Authority amends its recommendation after receiving public comment at the meeting under subparagraph (i) of this paragraph and then votes on the amended recommendation at that meeting, the Authority is not required to provide an additional opportunity for public comment under paragraph (4) of this subsection.

(6) (i) If the Authority determines that it must increase tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges within a time period or in a manner that will not permit compliance with paragraphs (3) and (4) of this subsection to remain in compliance with the provisions of any trust agreement, escrow deposit agreement, or resolution that provides for the payment of bonds issued by the Authority, or to ensure that unforeseen circumstances do not adversely affect the continuity of operations at one or more transportation facilities projects, the Authority shall determine that an emergency status exists.

(ii) If the Authority determines that an emergency status exists under subparagraph (i) of this paragraph, the Authority shall adopt temporary adjustments to tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges that shall take effect immediately on adoption by the Authority or on the effective date established by the Authority.

(iii) If the Authority adopts any temporary adjustments to tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges under subparagraph (ii) of this paragraph, the Authority shall:

1. Provide notice to the public on the Authority’s official website of any temporary adjustment adopted under subparagraph (ii) of this paragraph; and

2. Commence the public notice and comment procedures under paragraphs (3) and (4) of this subsection immediately.

(iv) An emergency status determination may not exceed 300 days and may be subject to one or more additional conditions imposed by the Authority.

(v) When the emergency status expires, the temporary adjustments adopted under subparagraph (ii) of this paragraph shall end.

(b) The rentals, rates, fees, tolls, and other charges and revenues designated as security for any bonds issued under this subtitle shall be fixed and adjusted from time to time, either with respect to a particular transportation facilities project or in respect of the aggregate of the charges and revenues from other transportation facilities projects under the control of the Authority, as may be specified by law or in any applicable resolution or trust agreement, so as to provide funds that, together with any other available revenues, are sufficient as long as the bonds are outstanding and unpaid to:

(1) Pay the costs of maintaining, repairing, and operating the transportation facilities project or projects financed in whole or in part by one or more series of outstanding and unpaid bonds, to the extent that payment is not otherwise provided;

(2) Pay the principal of and the interest on these bonds as they become due and payable;

(3) Create reasonable reserves that are anticipated will be needed for these purposes; and

(4) Provide funds for paying the cost of replacements, renewals, and improvements.

(c) (1) Except as otherwise provided in this subsection, the rentals, rates, fees, tolls, and other charges and revenues are not subject to supervision or regulation by any instrumentality, agency, or unit of this State or any of its political subdivisions.

(2) This subtitle does not permit the exercise of any power or the undertaking of any activity that would conflict with the provisions and limitations of the federal Urban Mass Transportation Act of 1964.

(3) Tolls for the use of the bridge carrying the John F. Kennedy Memorial Highway over the Susquehanna River may not be less than the comparable tolls charged for the use of the Susquehanna River Bridge.

(4) Prior to fixing or revising tolls on any part of any transportation facilities project, the Authority shall provide, in accordance with § 2–1257 of the State Government Article, to the Senate Budget and Taxation Committee, Senate Finance Committee, House Appropriations Committee, and House Ways and Means Committee information on the proposed toll charges, including:

(i) The annual revenues generated by the toll charges;

(ii) The proposed use of the revenues; and

(iii) The proposed commuter discount rates.
Md. Code, General Provisions § 4-308 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) Subject to subsection (b) of this section, a custodian shall prohibit inspection, use, or disclosure of a circulation record of a public library or any other item, collection, or grouping of information about an individual that:

(1) is maintained by a library;

(2) contains an individual’s name or the identifying number, symbol, or other identifying particular assigned to the individual; and

(3) identifies the use a patron makes of that library’s materials, services, or facilities.

(b) A custodian shall allow inspection, use, or disclosure of a circulation record of a public library only:

(1) in connection with the library’s ordinary business; and

(2) for the purposes for which the record was created.
Md. Code, Insurance § 4-202 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) The General Assembly finds that:

(1) many residents of the State hold policies issued by insurers and other persons not authorized to do insurance business in the State;

(2) these residents face the often insurmountable obstacle of asserting their legal rights under those policies in forums that are foreign to them and under laws and rules of practice that are unfamiliar to them; and

(3) protection from the acts of insurers and other persons not authorized to do insurance business in the State can be achieved by:

(i) maintaining fair and honest insurance markets;

(ii) protecting the premium tax revenues of the State;

(iii) protecting authorized insurers, which are subject to strict regulation, from unfair competition by unauthorized persons and unauthorized insurers; and

(iv) protecting against evasion of the insurance regulatory laws of the State.

(b) (1) The General Assembly intends to subject certain insurers and other persons to the jurisdiction of the Commissioner, in proceedings before the Commissioner, and to the courts of the State in suits by or for the State and insureds or beneficiaries under insurance contracts.

(2) To carry out this intent, the General Assembly provides for substituted service of process on certain insurers and other persons in any proceeding in a court and substituted service of any notice, order, pleading, or process on certain insurers and other persons in any proceeding before the Commissioner to enforce or effect full compliance with the insurance and tax laws of the State.

(c) In carrying out the intent of this subtitle, the General Assembly declares that it is exercising:

(1) its power to protect the residents of the State;

(2) its power to define what constitutes doing an insurance business in the State; and

(3) its powers and privileges under the McCarran-Ferguson Act.
Md. Code, Local Government § 4-208 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) The county commissioners or county council shall notify the voters of the area proposed to be incorporated by posting and publication of the proposal to incorporate, including a fair summary of the proposed municipal charter.

(b) For at least 4 weeks immediately before the referendum, the county commissioners or county council shall make available an exact copy of the proposed municipal charter for public inspection at its office.

(c) The county commissioners or county council shall publish notice of the referendum, together with a fair summary of the proposed municipal charter, in a newspaper of general circulation in the area proposed to be incorporated at least once a week during the 4 weeks immediately before the referendum.

(d) On the day of the referendum, the county commissioners or county council shall make available an exact copy of the proposed municipal charter for public inspection at each place for voting on the referendum.
Md. Code, Commercial Law § 4-303 — MD Code / Article gcl / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) If any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank, comes too late to terminate, suspend, or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item, if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:

(1) The bank accepts or certifies the item;

(2) The bank pays the item in cash;

(3) The bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;

(4) The bank becomes accountable for the amount of the item under § 4-302 dealing with the payor bank’s responsibility for late return of items; or

(5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

(b) Subject to subsection (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.
Md. Code, Housing and Community Development § 4-2108 — MD Code / Article ghs / Title 4 / Subtitle 21 / Section 4-2108
§4–2108.
Status: in_force

The Department shall adopt regulations to govern the development, implementation, and evaluation of policies and programs to make homelessness rare and, if it occurs, of brief duration.
Md. Code, Natural Resources § 4-1036 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1036
§4–1036.
Status: in_force

A person may sell soft-shell clams of the species Mya arenaria caught by hydraulic clam dredge only to a person possessing a soft-shell clam dealer’s and shipper’s license. A person may sell soft-shell clams of the species genus Tagelus to persons other than a licensed dealer or shipper.
Md. Code, Insurance § 4-508 — MD Code / Article gin / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

The Commissioner may adopt regulations to carry out this subtitle.
Md. Code, Agriculture § 4-122 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-122
§4–122.
Status: in_force

No person engaged in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased livestock or any part of the carcass of livestock, that died otherwise than by slaughter, may buy, sell, donate, transport, or offer or receive for sale or transportation, in intrastate commerce, the livestock or part of carcass, unless the transaction or transportation is made pursuant to the departmental rules and regulations.
Md. Code, Criminal Law § 4-101 — MD Code / Article gcr / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Nunchaku” means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) “Pepper mace” means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) “Pepper mace” is also known as oleoresin capsicum (o.c.) spray.

(4) “Star knife” means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5) (i) “Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) “Weapon” does not include:

1. a handgun; or

2. a penknife without a switchblade.

(b) This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer’s official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator’s official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) (1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George’s County, St. Mary’s County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
Md. Code, Alcoholic Beverages and Cannabis § 4-905 — MD Code / Article gab / Title 4 / Subtitle 9 / Section 4-905
§4–905.
Status: in_force

(a) On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.

(b) A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:

(1) against the public interest; and

(2) (i) not honestly and fairly arrived at;

(ii) arbitrary;

(iii) procured by fraud;

(iv) unsupported by substantial evidence;

(v) unreasonable;

(vi) beyond the powers of the board; or

(vii) illegal.

(c) A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.

(d) The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:

(1) it is impracticable to determine the question presented to the court without the hearing of additional evidence;

(2) a qualified litigant has been deprived of the opportunity to offer evidence; or

(3) the interests of justice require that further evidence should be taken.
Md. Code, Business Regulation § 4-409 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-409
§4–409.
Status: in_force

(a) An agency contract must be in a record signed or otherwise authenticated by the parties.

(b) An agency contract must state or contain:

(1) the amount and method of calculating the consideration to be paid by the student–athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

(2) the name of any person not listed in the application for a license or renewal of a license who will be compensated because the student–athlete signed the agency contract;

(3) a description of any expenses that the student–athlete agrees to reimburse;

(4) a description of the services to be provided to the student–athlete;

(5) the duration of the contract; and

(6) the date of execution.

(c) An agency contract must contain, in close proximity to the signature of the student–athlete, a conspicuous notice in boldface type in capital letters stating:

“WARNING TO STUDENT–ATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT–ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.”

(d) (1) An agency contract that does not conform to this section is voidable by the student–athlete.

(2) If a student–athlete voids an agency contract under this section, the student–athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student–athlete to enter into the contract.

(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student–athlete at the time of execution.
Md. Code, Corporations and Associations § 4A-705 — MD Code / Article gca / Title 4A / Subtitle 7 / Section 4A-705
§4A–705.
Status: in_force

(a) Unless otherwise agreed, a member of a limited liability company objecting to a merger of the limited liability company has the same rights with respect to the member’s membership interest in the limited liability company as a stockholder of a Maryland corporation who objects to a merger of the corporation has with respect to the stockholder’s stock under Title 3, Subtitle 2 of this article.

(b) The procedures under Title 3, Subtitle 2 of this article shall be applicable to the extent practicable.
Md. Code, Health - General § 4-224 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-224
§4–224.
Status: in_force

To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the vital records system, a person may not, except as authorized in § 4–217, § 4–220, § 4–221, or § 4–222 of this subtitle or § 9–1015 of the State Government Article or by the rules and regulations of the Department:

(1) Permit inspection of or disclose any information contained in a vital record; or

(2) Copy or issue a copy of all or part of any vital record.
Md. Code, Natural Resources § 4-510 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-510
§4–510.
Status: in_force

A person may fish with a speargun and spear in the waters of the State only under the rules and regulations, and control of the Department. A speargun as used in this section means any type of device used for propelling a spear underwater by any means other than manual in order to catch fish.
Md. Code, Agriculture § 4-303 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) The Secretary may adopt rules and regulations limiting or requiring the use of any term used when shell eggs are offered or exposed for sale, sold, donated, or advertised.

(b) A person may not donate, sell, offer for sale, or deliver any shell eggs that are not labeled according to regulations adopted by the Secretary.
Md. Code, Environment § 4-419 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-419
§4–419.
Status: in_force

(a) Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on–scene coordinator or appropriate State official unless:

(1) The person is a person responsible for the discharge in accordance with § 4–401(j) of this subtitle;

(2) The person is a responsible party as defined by the federal Oil Pollution Act of 1990; or

(3) The person is grossly negligent or engages in willful misconduct.

(b) Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge.

(c) A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4–401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.
Md. Code, Correctional Services § 4-206 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) A member of the Board of Review, the Director, or an employee of the Institution may not:

(1) be interested, directly or indirectly, in any contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution;

(2) accept a reward or gift or a promise of a reward or gift from a person interested in a contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution; or

(3) accept a reward, gift, devise, or bequest or a promise of a reward, gift, devise, or bequest from an incarcerated individual of the Institution or from anyone on the incarcerated individual’s behalf.

(b) (1) A reward, gift, devise, bequest, or promise accepted in violation of this section is void.

(2) A contract, purchase, or sale in which a person has an interest prohibited by subsection (a) of this section is voidable by the State whether or not the State is a party to it.

(c) A member of the Board of Review, the Director, or an employee of the Institution shall report to the Director or the Secretary any violation of subsection (a) of this section that is within the individual’s knowledge.

(d) (1) An individual who violates this section is guilty of misconduct in office.

(2) A violation of this section is grounds for removal from office or employment.
Md. Code, Housing and Community Development § 4-1903 — MD Code / Article ghs / Title 4 / Subtitle 19 / Section 4-1903
§4–1903.
Status: in_force

(a) The Department may provide financial assistance under the Program utilizing funds from:

(1) any fund or program under Division I of this article; or

(2) any other source of funds available to the Department.

(b) The Department may provide any type of financial assistance permitted by Division I of this article to recipients under the Program.

(c) In addition to the type of financial assistance allowed under subsection (b) of this section, the Department may provide financial assistance under a buy–down program that reduces the amount a borrower pays on a loan obtained from the private market or from the Department for a defined period of time.
Md. Code, Corporations and Associations § 4A-402 — MD Code / Article gca / Title 4A / Subtitle 4 / Section 4A-402
§4A–402.
Status: reserved

(a) Except for the requirement set forth in § 4A–404 of this subtitle that certain consents be in writing, members may enter into an operating agreement not inconsistent with the articles of organization to regulate or establish any aspect of the affairs of the limited liability company, the conduct of its business, or the relations of its members, including provisions establishing:

(1) The manner in which the business and affairs of the limited liability company shall be managed, controlled, and operated, which may include the granting of exclusive authority to manage, control, and operate the limited liability company to persons who are not members;

(2) The manner in which the members will share the assets and earnings of the limited liability company;

(3) The rights of the members to assign all or a portion of their membership interest;

(4) The circumstances in which a person may be admitted as a member of the limited liability company;

(5) (i) The right to have and a procedure for having a member’s membership interest evidenced by a certificate issued by the limited liability company, which may not be issued in bearer form;

(ii) The procedure for assignment, pledge, or transfer of any membership interest represented by the certificate; and

(iii) Any other provisions dealing with the certificate;

(6) The method by which the operating agreement may from time to time be amended, which may include a requirement that an amendment be approved:

(i) By a person who is not a party to the operating agreement or who is not a member of the limited liability company; or

(ii) On the satisfaction of other conditions specified in the operating agreement;

(7) The rights of any person, including a person who is not a party to the operating agreement or who is not a member of the limited liability company, to the extent set forth in the operating agreement;

(8) Procedures relating to:

(i) Notice of the time, place, or purpose of any meeting at which any matter is to be voted on by members;

(ii) Waiver of notice of meetings;

(iii) Action by consent without a meeting;

(iv) The establishment of a record date;

(v) Quorum requirements;

(vi) Voting in person or by proxy;

(vii) Voting rights of various classes of members; or

(viii) Any other matter with respect to the exercise of voting rights by members; or

(9) That a membership interest, an economic interest, or a noneconomic interest may or shall be transferred or assigned in whole or in part to one or more persons, including on the occurrence of any of the events described in § 4A–606 of this title, regardless of whether the persons to whom the interest is transferred or assigned are members.

(b) (1) The initial operating agreement shall be agreed to by all persons who are then members.

(2) Unless the articles of organization specifically require otherwise, the operating agreement need not be in writing.

(c) (1) If the operating agreement does not provide for the method by which the operating agreement may be amended, then all of the members must agree to any amendment of the operating agreement.

(2) To the extent that an operating agreement provides for the manner in which the operating agreement may be amended, the operating agreement may be amended only in that manner, provided that the approval of a person may be waived by the person and that conditions may be waived by a person for whose benefit the conditions were intended.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, or unless otherwise agreed, an amendment to an operating agreement is not required to be in writing.

(ii) An amendment to an operating agreement must be evidenced by a writing signed by an authorized person of the limited liability company if:

1. The amendment was adopted without the unanimous consent of the members; or

2. An economic interest in the limited liability company has been assigned to a person who has not been admitted as a member.

(4) A copy of any written amendment to the operating agreement shall be delivered to each member who did not consent to the amendment and to each assignee who has not been admitted as a member.

(d) (1) A court may enforce an operating agreement by injunction or by granting such other relief which the court in its discretion determines to be fair and appropriate in the circumstances.

(2) As an alternative to injunctive or other equitable relief, when the provisions of § 4A–903 of this title are applicable, the court may order dissolution of the limited liability company.

(3) An operating agreement of a limited liability company with one member is not unenforceable on the grounds that there is only one person who is party to the operating agreement.

(4) A limited liability company:

(i) Is not required to execute its operating agreement; and

(ii) Is bound by its operating agreement, regardless of whether the limited liability company has executed the operating agreement.

(5) An operating agreement that is duly adopted or amended is binding on each person who is or becomes a member of the limited liability company and each person who is or becomes an assignee of a member of the limited liability company, regardless of whether the person has executed the operating agreement or amendment.
Md. Code, Transportation § 4-315 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-315
§4–315.
Status: in_force

All money that is received by the Authority as proceeds from the sale of revenue bonds, notes, or other evidences of obligation under this subtitle and by way of rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project or combination of projects and that is designated by any authorizing resolution or trust agreement as security for the bonds, notes, or other evidences of obligation shall be deemed to be trust funds to be held and applied only as provided in this subtitle.
Md. Code, Economic Development § 4-107 — MD Code / Article gec / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

(a) The Department shall submit an annual report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that summarizes the details of its activities regarding private sector cooperative marketing projects that directly enhance promotion of the State and the tourism industry and that are exempt from State procurement law under § 11–203(a)(1)(xi) of the State Finance and Procurement Article.

(b) The report required under subsection (a) of this section shall include the nonproprietary details of the activities of the private sector participants.
Md. Code, Public Safety § 4-602 — MD Code / Article gps / Title 4 / Subtitle 6 / Section 4-602
§4–602.
Status: in_force

(a) There is an Internet Crimes Against Children Task Force Fund.

(b) The purpose of the Fund is to provide:

(1) grants to local law enforcement agencies for salaries, training, and equipment to be used for the investigation and prosecution of Internet crimes against children; and

(2) funding to support the ongoing operations of the Task Force.

(c) The Executive Director shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund in conjunction with the Executive Director.

(e) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) interest earnings of the Fund; and

(3) any other money from any other source accepted for the benefit of the Fund.

(f) The Fund shall be distributed on the basis of need, as determined by the Executive Director, in the following manner:

(1) for grants to local law enforcement agencies for salaries, training, and equipment to be used for the investigation and prosecution of Internet crimes against children;

(2) to the Task Force to support the ongoing operations of the Task Force; and

(3) in an amount not greater than 25% of the Fund, to child advocacy centers, as established under § 11–923(h) of the Criminal Procedure Article.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) For fiscal year 2018 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of not less than $2,000,000 to the Fund.

(j) The accounts and transactions of the Fund shall be subject to audit by the legislative auditor as provided in § 2–1220 of the State Government Article.