Md. Code, Financial Institutions § 9-421 — MD Code / Article gfi / Title 9 / Subtitle 4 / Section 9-421
§9–421.
Status: in_force

(a) In accordance with the regulations of the Division Director, a savings and loan association may permit borrowers to repay indebtedness on a loan by any method of repayment or plan, including a plan or repayment of indebtedness on a loan that is other than a direct monthly reduction of principal plan that has a fixed interest rate, level payments, and full amortization.

(b) If a savings and loan association offers any alternative mortgage instrument on an owner-occupied residential loan in addition to a standard direct monthly reduction of principal plan, as required by the Division Director, the association shall give each prospective borrower information on the alternative plan and the standard plan.
Md. Code, Business Occupations and Professions § 9-204.1 — MD Code / Article gbo / Title 9 / Subtitle 2 / Section 9-204.1
§9–204.
Status: in_force

§9–204.1.

At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, State Government § 9-1A-36 — MD Code / Article gsg / Title 9 / Subtitle 1A / Section 9-1A-36
§9–1A–36.
Status: in_force

(a) There is a Video Lottery Facility Location Commission.

(b) (1) The Video Lottery Facility Location Commission consists of seven members.

(2) (i) Three of the members shall be appointed by the Governor.

(ii) Two of the members shall be appointed by the President of the Senate but may not be members of the Senate of Maryland.

(iii) Two of the members shall be appointed by the Speaker of the House of Delegates but may not be members of the House.

(3) The membership of the Video Lottery Facility Location Commission appointed under this subsection should reflect the race, gender, and geographic diversity of the population of the State.

(4) One of the members appointed by the Governor shall be the chair of the Video Lottery Facility Location Commission.

(5) The Governor, in consultation with the President of the Senate and the Speaker of the House of Delegates, may remove a member of the Video Lottery Facility Location Commission for inefficiency, misconduct in office, or neglect of duty.

(c) A member of the Video Lottery Facility Location Commission:

(1) shall be at least 21 years of age;

(2) shall be a citizen of the United States;

(3) shall be a resident of the State;

(4) shall be knowledgeable and experienced in fiscal matters and shall have at least 10 years substantial experience:

(i) as an executive with fiduciary responsibilities in charge of a large organization or foundation;

(ii) in an academic field relating to finance or economics; or

(iii) as an economist, financial analyst, or accountant, or as a professional in a similar profession relating to fiscal matters or economics;

(5) may not have been convicted of or granted probation before judgment for a serious crime or a crime that involves gambling or moral turpitude;

(6) may not have an official relationship to a person that holds a license under this subtitle;

(7) may not have any direct or indirect financial interest, ownership, or management, including holding any stocks, bonds, or other similar financial interests in any gaming activities, including horse racing, video lottery terminals, or lottery;

(8) may not receive or share in, directly or indirectly, the receipts or proceeds of any gaming activities, including horse racing or lottery;

(9) may not have a beneficial interest in any contract for the manufacture or sale of gaming devices, the conduct of any gaming activity, or the provision of any independent consulting services in connection with any gaming establishment or gaming activity;

(10) may not be an elected official of State or local government; and

(11) shall file a financial disclosure statement with the State Ethics Commission in accordance with Title 15, Subtitle 6 of this article.

(d) A member of the Video Lottery Facility Location Commission:

(1) may not receive compensation for serving on the Video Lottery Facility Location Commission; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(e) The State Lottery and Gaming Control Commission shall provide staff to the Video Lottery Facility Location Commission.

(f) The Video Lottery Facility Location Commission may award not more than six video lottery operation licenses to qualified applicants, through a competitive process consistent with the process for competitive sealed proposals under Title 13 of the State Finance and Procurement Article.

(g) The Video Lottery Facility Location Commission may not award more than one video lottery operation license in a single county or Baltimore City.

(h) (1) In order to qualify for a video lottery operation license under this section, a proposed video lottery facility shall be located in one of the following counties:

(i) a location in Anne Arundel County, within 2 miles of MD Route 295;

(ii) a location in Cecil County, within 2 miles of Interstate 95;

(iii) a location on State property associated with the Rocky Gap State Park in Allegany County;

(iv) a location in Worcester County, within 1 mile of the intersection of Route 50 and Route 589;

(v) a location in Baltimore City that is:

1. located:

A. in a nonresidential area;

B. within one–half mile of Interstate 95;

C. within one–half mile of MD Route 295; and

D. on property that is owned by Baltimore City on the date on which the application for a video lottery operation license is submitted; and

2. not adjacent to or within one–quarter mile of property that is:

A. zoned for residential use; and

B. used for a residential dwelling on the date the application for a video lottery operation license is submitted; or

(vi) a location in Prince George’s County within a 4–mile radius of the intersection of Bock Road and St. Barnabas Road.

(2) Nothing in this subtitle may be construed to preempt the exclusive authority of the Video Lottery Facility Location Commission to award video lottery operation licenses in accordance with this subtitle.

(3) (i) With respect to a video lottery operation license awarded to a location under paragraph (1)(iv) of this subsection, the holder of the video lottery operation license or any other person with a direct or indirect legal or financial interest in the Ocean Downs racetrack or video lottery facility may not build or operate a conference center or convention center, amusement park, amusement rides, arcade, or miniature golf course on or within 10 miles of the property owned by the holder of the license on which a video lottery facility is operated.

(ii) The prohibitions under subparagraph (i) of this paragraph apply to any subsequent holder of a video lottery operation license awarded under paragraph (1)(iv) of this subsection.

(i) (1) Except as provided in paragraphs (2) and (3) of this subsection, the Video Lottery Facility Location Commission may not allocate more than the following number of video lottery terminals for:

(i) a location in Anne Arundel County – 4,750 video lottery terminals;

(ii) a location in Baltimore City – 3,750 video lottery terminals;

(iii) a location in Cecil County – 2,500 video lottery terminals;

(iv) a location in Prince George’s County – 3,000 video lottery terminals;

(v) a location in Rocky Gap State Park (Allegany County) –1,500 video lottery terminals; and

(vi) a location in Worcester County – 2,500 video lottery terminals.

(2) The Video Lottery Facility Location Commission may allocate video lottery terminals in a manner that is different from the allocation provided in paragraph (1) of this subsection on a determination that the market factors and other factors evaluated under subsection (k) of this section warrant the different allocation, provided that no one location may be allocated more than 4,750 video lottery terminals.

(3) (i) Beginning with the termination date for the Video Lottery Facility Location Commission and every 3 years thereafter, if all of the video lottery terminals authorized under this subtitle are not allocated or have been allocated but are not in regular operation, the State Lottery and Gaming Control Commission may allocate or reallocate video lottery terminals to video lottery operation licensees in a manner that ensures that the highest potential revenues are achieved.

(ii) In determining the highest potential revenues to be achieved by additional video lottery terminals at each potential location, the State Lottery and Gaming Control Commission shall consider the market performance of the existing video lottery terminals at each location.

(j) (1) (i) Except as provided in subparagraph (ii) of this paragraph, an application submitted for a video lottery operation license under this section shall include an initial license fee in the application of at least $3,000,000 for each 500 video lottery terminals included in the application.

(ii) For an application submitted for a video lottery operation license in Allegany County, the initial license fee for up to 500 video lottery terminals shall be waived.

(2) All initial license fees submitted under this subtitle shall accrue to the Education Trust Fund established under § 9–1A–30 of this subtitle.

(3) (i) An application submitted for a video lottery operation license under this section shall provide for at least $25,000,000 in direct investment by the applicant in construction and related costs for each 500 video lottery terminals contained in the proposed application that shall be prorated based on the exact number of video lottery terminals contained in the application.

(ii) For an application submitted for a video lottery operation license in Allegany County, the purchase price for the Rocky Gap Lodge and Resort shall be counted in the calculation of the applicant’s direct investment under this paragraph, as determined by the Video Lottery Facility Location Commission.

(k) (1) In awarding a video lottery operation license, the Video Lottery Facility Location Commission shall evaluate the factors under this subsection in the manner specified.

(2) The decision by the Video Lottery Facility Location Commission to award a license shall be weighted by 70% based on business and market factors including:

(i) the highest potential benefit and highest prospective total revenues to be derived by the State;

(ii) the potential revenues from a proposed location based on a market analysis;

(iii) the extent to which the proposed location encourages Maryland gaming participants to remain in the State;

(iv) the extent to which the proposed location demonstrates that the facility will be a substantial regional and national tourist destination;

(v) the proposed facility capital construction plans and competitiveness of the proposed facility;

(vi) the amount of gross revenues to be allocated to the video lottery operator over the term of the license;

(vii) the percent of ownership by entities meeting the definition of minority business enterprise under Title 14, Subtitle 3 of the State Finance and Procurement Article;

(viii) the extent to which the proposed location will preserve existing Maryland jobs and the number of net new jobs to be created; and

(ix) the contents of the licensee’s plan to achieve minority business participation goals in accordance with the requirements described under § 9–1A–10(a)(1) and (2) of this subtitle.

(3) The decision by the Video Lottery Facility Location Commission to award a license shall be weighted by 15% based on economic development factors, including:

(i) the anticipated wages and benefits for new jobs to be created; and

(ii) any additional economic development planned in the area of the proposed facility.

(4) The decision by the Video Lottery Facility Location Commission to award a license shall be weighted by 15% based on location siting factors, including:

(i) the existing transportation infrastructure surrounding the proposed facility location;

(ii) the negative impact, if any, of a proposed facility location on the surrounding residential community; and

(iii) the need for additional public infrastructure expenditures at the proposed facility.

(l) (1) If an applicant is seeking investors in the entity applying for a video lottery operation license, it shall take the following steps before being awarded a license by the Video Lottery Facility Location Commission:

(i) make serious, good–faith efforts to solicit and interview a reasonable number of minority investors; and

(ii) as part of the application, submit a statement that lists the names and addresses of all minority investors interviewed and whether or not any of those investors have purchased an equity share in the entity submitting an application.

(2) If an applicant is awarded a license by the Video Lottery Facility Location Commission, the applicant shall sign a memorandum of understanding with the Video Lottery Facility Location Commission that requires the awardee to again make serious, good–faith efforts to interview minority investors in any future attempts to raise venture capital or attract new investors to the entity awarded the license.

(3) The Governor’s Office of Small, Minority, and Women Business Affairs, in consultation with the Office of the Attorney General, shall provide assistance to all potential applicants and potential minority investors to satisfy the requirements under paragraphs (1)(i) and (2) of this subsection.

(m) The Video Lottery Facility Location Commission may not award a video lottery operation license to a person that is not qualified under this section or this subtitle.

(n) (1) The Video Lottery Facility Location Commission shall refer to the State Lottery and Gaming Control Commission the name and all relevant information concerning a person that makes an application under this section.

(2) On receipt of the information in paragraph (1) of this subsection, the State Lottery and Gaming Control Commission shall evaluate whether an applicant is qualified to hold a video lottery operation license under this subtitle.

(3) On completion of its determination, the State Lottery and Gaming Control Commission shall notify the Video Lottery Facility Location Commission of its evaluation as to whether an applicant is qualified to hold a video lottery operation license under this subtitle.

(o) After an award of a video lottery operation license under this section, the Video Lottery Facility Location Commission shall notify the State Lottery and Gaming Control Commission of the successful applicants.

(p) After an award of a video lottery operation license under this section, the State Lottery and Gaming Control Commission shall:

(1) issue the video lottery operation license; and

(2) be responsible for all matters relating to regulation of the licensee.

(q) (1) An unsuccessful applicant for a video lottery operation license under this section may seek, under Title 15 of the State Finance and Procurement Article, review by the State Board of Contract Appeals of the awarding of the video lottery operation license by the Video Lottery Facility Location Commission.

(2) A proceeding under this subsection shall:

(i) take precedence on the Board’s docket;

(ii) be heard at the earliest practicable date; and

(iii) be expedited in every way.

(r) (1) Nothing in this subtitle may be construed to require the Video Lottery Facility Location Commission to award all six video lottery operation licenses authorized under this subtitle.

(2) Notwithstanding any of the provisions of this subtitle, the Video Lottery Facility Location Commission may not award a video lottery operation license under this subtitle unless the Video Lottery Facility Location Commission determines and declares that an applicant selected for award of the license is in the public interest and is consistent with the purposes of this subtitle.

(s) The Video Lottery Facility Location Commission may award a video lottery operation license that is revoked or surrendered utilizing the criteria established in this subtitle.

(t) (1) Except as provided in paragraph (2) of this subsection, the Video Lottery Facility Location Commission shall terminate on January 1, 2015.

(2) The Governor may reconstitute the Video Lottery Facility Location Commission, which shall include the appointment of new members based on the criteria established under subsections (b) and (c) of this section:

(i) one year prior to the expiration of a video lottery operation license; or

(ii) following the revocation or surrender of a video lottery operation license.
Md. Code, State Government § 9-908 — MD Code / Article gsg / Title 9 / Subtitle 9 / Section 9-908
§9–908.
Status: in_force

(a) In this section, “veterans’ memorials and monuments” means:

(1) the Maryland Vietnam Veterans Memorial and Associated Land as established pursuant to Joint Resolution No. 22 of 1983;

(2) the Maryland Korean War Memorial and Associated Land as established pursuant to Joint Resolution No. 3 of 1985; and

(3) the Maryland World War II Memorial and Associated Land.

(b) There is a Veterans’ Memorials and Monuments Program administered by the Department.

(c) The purpose of the Program is to provide for the operation, maintenance, security, and preservation of veterans’ memorials and monuments.

(d) In furtherance of these purposes, the Department may, as provided for in the budget:

(1) lease land on behalf of the State or a political subdivision of the State; or

(2) acquire land that has been improved by construction of a memorial or monument.

(e) The Secretary may adopt regulations to carry out the provisions of this section.

(f) (1) The Department shall, as provided for in the budget, provide for the management of the veterans’ memorials and monuments as provided in this section.

(2) The Department may delegate any of its powers and duties under this section to a special commission or board created by the Department and approved by the Governor.

(g) The Department may acquire, hold, use, and improve property for the purposes specified in subsection (c) of this section.

(h) Subject to Title 7 of the State Finance and Procurement Article, the Department may:

(1) accept gifts or grants;

(2) unless otherwise provided, spend the principal and income of a gift or grant; and

(3) invest all or part of the principal income in general obligations of the State or any other security.
Md. Code, Tax - General § 9-324 — MD Code / Article gtg / Title 9 / Subtitle 3 / Section 9-324
§9–324.
Status: in_force

Each licensee and exemption certificate holder shall display the license or certificate conspicuously in each place of business, in this State, of the licensee or holder.
Md. Code, State Government § 9-1401 — MD Code / Article gsg / Title 9 / Subtitle 14 / Section 9-1401
§9–1401.
Status: in_force

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

(b) “Subcabinet” means the Sustainable Growth Subcabinet.

(c) “Sustainable growth policy” means the State Economic Growth, Resource Protection, and Planning Policy set forth in § 5–7A–01 of the State Finance and Procurement Article.
Md. Code, Financial Institutions § 9-419 — MD Code / Article gfi / Title 9 / Subtitle 4 / Section 9-419
§9–419.
Status: in_force

(a) Subject to § 9-420 of this subtitle and the regulations of the Division Director, a savings and loan association may invest in any of the following types of investments:

(1) Any mortgage on real property that is a first or second lien on property, but only if the requirements of § 9-420 of this subtitle are satisfied in the case of an acquisition, development, or construction loan;

(2) Any participation interest in a mortgage, but only if the requirements of § 9-420 of this subtitle are satisfied;

(3) Any loan that is secured by any savings accounts in the association to the extent of the withdrawal value of the respective account;

(4) Any ground rent in this State;

(5) Any general obligation of, or obligation guaranteed as to principal and interest by, or other instrument of:

(i) This State or any of its political subdivisions or agencies; or

(ii) The federal government or any of its agencies or instrumentalities;

(6) Any general obligation of, or obligation guaranteed as to principal and interest by, any other state if:

(i) The Division Director approves; and

(ii) The investment is not more than 5 percent of the association’s savings liability;

(7) Real property that is:

(i) Reasonably anticipated to be necessary or convenient to conduct its business, whether or not the property is also income producing in part. Unless the Division Director has given his prior written approval, an investment enumerated in this subparagraph may not be made by the association in real property that the association occupies for its offices and transaction of its business;

(ii) Bought at auction sale if the association has any lien or claim on the property;

(iii) Accepted in satisfaction of an obligation;

(iv) Acquired by the association in an exchange for any other interest in real property owned by the association; or

(v) Acquired in connection with salvaging the value of an investment by the association;

(8) Furnishings and equipment necessary to conduct its business;

(9) Any loan to members of cooperative housing projects if the loan is secured by the assignment of the member’s interest in a unit of the project, notwithstanding a prior lien on the project;

(10) Deposits, including unsecured days funds, in any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation to the same extent and subject to the same conditions as a federal savings and loan association;

(11) Securities, obligations, or other instruments, including participations, of:

(i) The Federal National Mortgage Association;

(ii) The Student Loan Marketing Association;

(iii) The Federal Savings and Loan Insurance Corporation;

(iv) The State of Maryland Deposit Insurance Fund Corporation;

(v) The Federal Home Loan Bank;

(vi) The Government National Mortgage Association;

(vii) The Federal Home Loan Mortgage Corporation; or

(viii) Any other agency that the Division Director approves;

(12) Stock or obligations of a corporation if:

(i) One or more financial institutions own all the corporation’s stock; and

(ii) The corporation’s activities substantially consist of:

1. Originating, buying, selling, or servicing loans on real property or any participating interest in loans on real property;

2. Clerical functions primarily for financial institutions; or

3. Any other activity the Division Director approves;

(13) Any secured or unsecured education loan;

(14) Any secured or unsecured home improvement loans;

(15) Any secured or unsecured consumer loan but only if the loan complies with § 9-420 of this subtitle; and

(16) Any mobile home financing loan.

(b) The Division Director may provide by regulation that specific investments permissible for a federally-chartered savings and loan association are permitted for a State-chartered savings and loan association.

(c) Savings and loan associations may make commercial loans, but only if the loans comply with § 9-420 of this subtitle and regulations adopted by the Division Director.

(d) A savings and loan association may accept any additional security on any investment authorized by this section.

(e) A savings and loan association shall make investments in first and second mortgages for owner-occupied residences equal to not less than 25 percent of the assets of the association, unless the Division Director approves in writing otherwise, upon a determination that another percentage does not affect the safety and soundness of the association.

(f) (1) Except for investments authorized under subsection (a)(11) of this section, an association that is insured by the Maryland Deposit Insurance Fund may invest directly or indirectly under this section in real estate located in this State, the Commonwealth of Pennsylvania, the Commonwealth of Virginia, the State of Delaware, the State of West Virginia, and the District of Columbia.

(2) An association that is insured by the Federal Savings and Loan Insurance Corporation may invest, directly or indirectly, in real estate located in this State and no more than 20 percent of their assets in real estate located in the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and West Virginia, the Commonwealths of Pennsylvania and Virginia, and the District of Columbia.

(3) Except as to those states and jurisdictions enumerated in paragraphs (1) and (2) of this subsection, an association that is insured by the Federal Savings and Loan Insurance Corporation may invest, directly or indirectly, no more than 10 percent of their assets in real estate located in states within the United States.

(g) Nothing in this section may be construed to affect the validity of any investment made by a savings and loan association before June 1, 1986, in accordance with the provisions of this section as they existed before June 1, 1986.
Md. Code, Tax - General § 9-208 — MD Code / Article gtg / Title 9 / Subtitle 2 / Section 9-208
§9–208.
Status: in_force

(a) The Comptroller may exempt a motor carrier from filing a motor carrier tax return if:

(1) the operations of the motor carrier are intrastate only;

(2) the intrastate commercial motor vehicles of the motor carrier are registered (tagged) by the Motor Vehicle Administration to operate within the State; and

(3) the exemption will not affect the enforcement of this subtitle adversely.

(b) A motor carrier is not required to report, on a motor carrier tax return, a commercial motor vehicle operated under a trip permit.
Md. Code, Education § 9-107 — MD Code / Article ged / Title 9 / Subtitle 1 / Section 9-107
§9–107.
Status: in_force

(a) A public chartering authority may not grant a charter to a public charter school whose operation would be inconsistent with any public policy initiative, court order, or federal improvement plan governing special education that is applicable to the State.

(b) A public chartering authority shall ensure that the authorizing process for a public charter school and the charter application address the roles and responsibilities of the county board and the applicants and operators of the public charter school with respect to children with disabilities.

(c) The public chartering authority shall ensure that, prior to opening a public charter school, the operators of the school are informed of the human, fiscal, and organizational capacity needed to fulfill the school’s responsibilities related to children with disabilities.
Md. Code, Alcoholic Beverages and Cannabis § 9-803 — MD Code / Article gab / Title 9 / Subtitle 8 / Section 9-803
§9–803.
Status: in_force

(a) There is a Class B–MB (micro–brewery/restaurant) license.

(b) The Board may issue the license to a holder of a Class 7 micro–brewery license.

(c) The license authorizes the license holder to sell at retail:

(1) beer and light wine by the drink or bottle and liquor by the drink for on–premises consumption, including:

(i) in a banquet room or banquet facility that is on the licensed premises; and

(ii) on a patio that is part of the licensed premises as evidenced by lease documents or by agreement of the owner of the licensed premises; and

(2) beer and light wine by the bottle for off–premises consumption.

(d) The hours and days of sale are:

(1) for on–premises consumption:

(i) from Monday through Saturday, from 7 a.m. to 2 a.m. the following day; and

(ii) on Sunday, from 1 p.m. to 2 a.m. the following day; and

(2) for off–premises consumption, from Monday through Saturday, from 7 a.m. to 2 a.m. the following day.

(e) The annual license fee is $900.
Md. Code, State Personnel and Pensions § 9-501 — MD Code / Article gsp / Title 9 / Subtitle 5 / Section 9-501
§9–501.
Status: in_force

(a) Each employee in the State Personnel Management System, except a temporary employee, is entitled to sick leave with pay as provided in this subtitle.

(b) Sick leave may be used:

(1) for illness or disability of the employee;

(2) for death, illness, or disability of a member of the employee's immediate family;

(3) following the birth of the employee's child;

(4) when a child is placed with the employee for adoption; or

(5) for a medical appointment of the employee or a member of the employee's immediate family.
Md. Code, State Government § 9-20A-09 — MD Code / Article gsg / Title 9 / Subtitle 20A / Section 9-20A-09
§9–20A–09.
Status: in_force

(a) The Administration may use the Fund to enhance the credit of a financing offered by a bank or other financial institution for a project.

(b) A credit enhancement issued in accordance with subsection (a) of this section shall:

(1) carry out the purpose of the Program in a manner the Administration considers appropriate;

(2) facilitate financing of at least one project of a local jurisdiction, nonprofit organization, or eligible business; and

(3) be offered only to a bank or other financial institution in good standing with the State Department of Assessments and Taxation that is:

(i) incorporated in the State; or

(ii) registered to do business in the State.

(c) The Administration may assess a reasonable fee to a participating bank or financial institution for the administration of this section.

(d) The Administration shall adopt regulations to carry out this section.
Md. Code, Human Services § 9-207 — MD Code / Article ghu / Title 9 / Subtitle 2 / Section 9-207
§9–207.
Status: in_force

(a) In accordance with the State budget, the Secretary may employ a staff and retain consultants.

(b) (1) (i) The Secretary shall appoint:

1. any assistant secretary;

2. any director of an institution;

3. the superintendent of the youth centers; and

4. the managing director, deputy director, and director of detention at the Baltimore City Juvenile Justice Center.

(ii) An employee of the Department specified in subparagraph (i) of this paragraph:

1. is in the executive service or management service of the State Personnel Management System; and

2. serves at the pleasure of the Secretary.

(2) Each teacher who does not hold a certificate under Title 6, Subtitle 1 of the Education Article, principal, director of education, and supervisor of vocational education who is employed by an institution managed by the Department is in the management service of, or is a special appointment in, the State Personnel Management System.

(3) Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the State Personnel and Pensions Article.

(c) (1) Unless the Secretary grants express permission, an employee of the Department who is subject to subsection (b)(1) of this section may not engage in other employment while employed by the Department.

(2) The Secretary may not unreasonably withhold express permission to engage in other employment.

(3) If the Secretary grants permission to engage in other employment, the employee shall disclose to the Secretary the source and amount of all income earned from that other employment.

(d) (1) The appointment or removal of staff of a unit in the Department is subject to the approval of the Secretary.

(2) The Secretary may delegate the power of approval established under paragraph (1) of this subsection to the head of the unit.

(e) The Department shall:

(1) adopt a code of conduct for staff of the Department; and

(2) require each private agency under contract with the Department to adopt a code of conduct for its staff that is in substantial compliance with the code of conduct for staff of the Department.
Md. Code, State Government § 9-120 — MD Code / Article gsg / Title 9 / Subtitle 1 / Section 9-120
§9–120.
Status: in_force

§9–120. IN EFFECT

(a) The Comptroller shall distribute, or cause to be distributed, the State Lottery Fund to pay:

(1) on a pro rata basis for the daily and nondaily State lottery games, the expenses of administering and operating the State lottery, as authorized under this subtitle and the State budget; and

(2) then, except as provided in § 10–113.1 of the Family Law Article, § 11–618 of the Criminal Procedure Article, and § 3–307 of the State Finance and Procurement Article, the holder of each winning ticket or share.

(b) (1) By the end of the month following collection, the Comptroller shall deposit, cause to be deposited, or pay:

(i) 1. after June 30, 2023, but not later than June 30, 2026, into the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and Procurement Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount not to exceed $14,200,000 in each fiscal year;

2. after June 30, 2023, but not later than June 30, 2026, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $34,900,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $40,900,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article;

3. after June 30, 2026, but not later than June 30, 2039, into the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and Procurement Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount not to exceed $3,360,000 in each fiscal year;

4. after June 30, 2026, but not later than June 30, 2039, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $45,000,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $41,640,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article; and

5. after June 30, 2039, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $45,000,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $45,000,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article;

(ii) after June 30, 2014, into the Maryland Veterans Trust Fund 10% of the money that remains in the State Lottery Fund from the proceeds of sales of tickets from instant ticket lottery machines by veterans’ organizations under § 9–112(d) of this subtitle, after the distribution under subsection (a) of this section;

(iii) after June 30, 2014, into the Baltimore City Public School Construction Financing Fund established under § 10–656 of the Economic Development Article the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) and (ii) of this paragraph, an amount equal to $20,000,000 in each fiscal year that bonds are outstanding and unpaid, to be paid in two installments with at least $10,000,000 paid no later than December 1 of each fiscal year;

(iv) after June 30, 2021, into the Racing and Community Development Financing Fund established under § 10–657.2 of the Economic Development Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount equal to $17,000,000 in each fiscal year until the bonds issued for a racing facility have matured;

(v) after June 30, 2020, into the Michael Erin Busch Sports Fund established under § 10–612.2 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (iv) of this paragraph, an amount equal to $1,000,000 in each fiscal year;

(vi) after June 30, 2021, a grant to the Maryland Humanities Council for Maryland History Day and other programming from the money that remains in the State Lottery Fund after the distributions under subsection (a) of this section and items (i) through (v) of this paragraph, an amount equal to $150,000 in each fiscal year;

(vii) after June 30, 2021, to Anne Arundel County or Baltimore City each fiscal year the amount required to be distributed under § 9–1A–31(a)(7)(ii) of this title to be used as required under § 9–1A–31 of this title;

(viii) after June 30, 2022, into the Maggie McIntosh School Arts Fund established under § 5–243 of the Education Article from the money that remains in the State Lottery Fund from the proceeds of all other lotteries after the distributions under subsection (a) of this section and items (i) through (vii) of this paragraph, an amount equal to $250,000 in each fiscal year;

(ix) after June 1, 2022, to the Sports Entertainment Facilities Financing Fund established under § 10–657.5 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (viii) of this paragraph, an amount not to exceed $25,000,000 to be paid in two installments not later than November 1 and June 1 of each fiscal year;

(x) after June 30, 2022, to the Major Sports and Entertainment Event Program Fund established under § 10–611.2 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (ix) of this paragraph:

1. for fiscal year 2023, an amount equal to $10,000,000; and

2. for each fiscal year thereafter, the amount necessary to restore the Major Sports and Entertainment Event Program Fund to a balance of $10,000,000;

(xi) after June 30, 2024, into the Bus Rapid Transit Fund established under § 2–802.1 of the Transportation Article for bus rapid transit system grants in accordance with § 2–802 of the Transportation Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (x) of this paragraph:

1. for fiscal year 2025, an amount equal to $27,000,000 in each fiscal year; and

2. for each fiscal year thereafter, an amount equal to $17,000,000 in each fiscal year;

(xii) after June 30, 2024, into the Prince George’s County Blue Line Corridor Facility Fund established under § 10–657.6 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xi) of this paragraph, $27,000,000;

(xiii) after June 30, 2024, a supplemental local impact grant of $3,000,000 each fiscal year to the County Executive and County Council of Prince George’s County from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xii) of this paragraph to be distributed in Prince George’s County in accordance with § 9–1A–31 of this title;

(xiv) subject to paragraph (3) of this subsection after June 30, 2025, supplemental local impact aid of $250,000 each fiscal year from the proceeds of the Racetrax lottery game to Anne Arundel County, Howard County, and the City of Laurel in proportion to each jurisdiction’s share of the money required to be paid under § 11–404(d) of the Business Regulation Article to be used in accordance with paragraph (4) of this subsection; and

(xv) into the General Fund of the State the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xiv) of this paragraph.

(2) The money paid into the General Fund under this subsection is available in the fiscal year in which the money accumulates in the State Lottery Fund.

(3) The Comptroller may not pay the supplemental local impact aid required under paragraph (1)(xiv) of this subsection for any fiscal year following the fiscal year that:

(i) Laurel Race Course is no longer used for live racing or training; or

(ii) backstretch workers employed at Laurel Race Course are no longer living on the Laurel Race Course property.

(4) (i) Anne Arundel County, Howard County, and the City of Laurel shall use the supplemental local impact aid required under paragraph (1)(xiv) of this subsection to provide programs and services to the communities surrounding Laurel Race Course including:

1. health and mental health services;

2. individual and family counseling;

3. drug and alcohol addiction awareness, support, and treatment;

4. social services;

5. nutrition and wellness programs; and

6. transportation, if necessary, to off–site medical and wellness services.

(ii) 1. Anne Arundel County may use the supplemental local impact aid under paragraph (1)(xiv) of this subsection only to provide grant funding for the purposes identified under subparagraph (i) of this paragraph to nonprofit organizations:

A. with a history of working with backstretch workers employed at Laurel Race Course; and

B. that employ Spanish–speaking program staff or provide translation services for nonnative English speakers.

2. In consultation with at least two Laurel Race Course backstretch workers designated by the County Executive, Anne Arundel County may use the public grant application process developed and administered by the Laurel Race Course Impact Advisory Committee to provide grant funding to nonprofit organizations under this subparagraph.

3. A nonprofit organization that receives grant funding under this subparagraph may use the funding only to provide programs and services at Laurel Race Course or within 1 mile of Laurel Race Course to backstretch workers employed at Laurel Race Course or residents living in the 20724 postal zip code.

(c) The regulations of the Agency shall apportion the money in the State Lottery Fund in accordance with subsection (b) of this section.

§9–120. // EFFECTIVE JUNE 30, 2027 PER CHAPTER 403 OF 2025 //

(a) The Comptroller shall distribute, or cause to be distributed, the State Lottery Fund to pay:

(1) on a pro rata basis for the daily and nondaily State lottery games, the expenses of administering and operating the State lottery, as authorized under this subtitle and the State budget; and

(2) then, except as provided in § 10–113.1 of the Family Law Article, § 11–618 of the Criminal Procedure Article, and § 3–307 of the State Finance and Procurement Article, the holder of each winning ticket or share.

(b) (1) By the end of the month following collection, the Comptroller shall deposit, cause to be deposited, or pay:

(i) 1. after June 30, 2023, but not later than June 30, 2026, into the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and Procurement Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount not to exceed $14,200,000 in each fiscal year;

2. after June 30, 2023, but not later than June 30, 2026, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $34,900,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $40,900,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article;

3. after June 30, 2026, but not later than June 30, 2039, into the Maryland Stadium Facilities Fund established under § 7–312 of the State Finance and Procurement Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount not to exceed $3,360,000 in each fiscal year;

4. after June 30, 2026, but not later than June 30, 2039, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $45,000,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $41,640,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article; and

5. after June 30, 2039, from the money that remains in the State Lottery Fund after the distribution under subsection (a) of this section, an amount for each fiscal year not to exceed:

A. $45,000,000 into the Camden Yards Football Sports Facility Supplemental Financing Fund established under § 10–652.1 of the Economic Development Article; and

B. $45,000,000 into the Camden Yards Baseball Sports Facility Supplemental Financing Fund established under § 10–652.2 of the Economic Development Article;

(ii) after June 30, 2014, into the Maryland Veterans Trust Fund 10% of the money that remains in the State Lottery Fund from the proceeds of sales of tickets from instant ticket lottery machines by veterans’ organizations under § 9–112(d) of this subtitle, after the distribution under subsection (a) of this section;

(iii) after June 30, 2014, into the Baltimore City Public School Construction Financing Fund established under § 10–656 of the Economic Development Article the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) and (ii) of this paragraph, an amount equal to $20,000,000 in each fiscal year that bonds are outstanding and unpaid, to be paid in two installments with at least $10,000,000 paid no later than December 1 of each fiscal year;

(iv) after June 30, 2021, into the Racing and Community Development Financing Fund established under § 10–657.2 of the Economic Development Article from the money that remains in the State Lottery Fund, after the distribution under subsection (a) of this section, an amount equal to $17,000,000 in each fiscal year until the bonds issued for a racing facility have matured;

(v) after June 30, 2020, into the Michael Erin Busch Sports Fund established under § 10–612.2 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (iv) of this paragraph, an amount equal to $1,000,000 in each fiscal year;

(vi) after June 30, 2021, a grant to the Maryland Humanities Council for Maryland History Day and other programming from the money that remains in the State Lottery Fund after the distributions under subsection (a) of this section and items (i) through (v) of this paragraph, an amount equal to $150,000 in each fiscal year;

(vii) after June 30, 2021, to Anne Arundel County or Baltimore City each fiscal year the amount required to be distributed under § 9–1A–31(a)(7)(ii) of this title to be used as required under § 9–1A–31 of this title;

(viii) after June 30, 2022, into the Maggie McIntosh School Arts Fund established under § 5–243 of the Education Article from the money that remains in the State Lottery Fund from the proceeds of all other lotteries after the distributions under subsection (a) of this section and items (i) through (vii) of this paragraph, an amount equal to $250,000 in each fiscal year;

(ix) after June 1, 2022, to the Sports Entertainment Facilities Financing Fund established under § 10–657.5 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (viii) of this paragraph, an amount not to exceed $25,000,000 to be paid in two installments not later than November 1 and June 1 of each fiscal year;

(x) after June 30, 2022, to the Major Sports and Entertainment Event Program Fund established under § 10–611.2 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (ix) of this paragraph:

1. for fiscal year 2023, an amount equal to $10,000,000; and

2. for each fiscal year thereafter, the amount necessary to restore the Major Sports and Entertainment Event Program Fund to a balance of $10,000,000;

(xi) after June 30, 2024, into the Bus Rapid Transit Fund established under § 2–802.1 of the Transportation Article for bus rapid transit system grants in accordance with § 2–802 of the Transportation Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (x) of this paragraph:

1. for fiscal year 2025, an amount equal to $27,000,000 in each fiscal year; and

2. for each fiscal year thereafter, an amount equal to $17,000,000 in each fiscal year;

(xii) after June 30, 2024, into the Prince George’s County Blue Line Corridor Facility Fund established under § 10–657.6 of the Economic Development Article from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xi) of this paragraph, $27,000,000;

(xiii) after June 30, 2024, a supplemental local impact grant of $3,000,000 each fiscal year to the County Executive and County Council of Prince George’s County from the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xii) of this paragraph to be distributed in Prince George’s County in accordance with § 9–1A–31 of this title; and

(xiv) into the General Fund of the State the money that remains in the State Lottery Fund from the proceeds of all lotteries after the distributions under subsection (a) of this section and items (i) through (xiii) of this paragraph.

(2) The money paid into the General Fund under this subsection is available in the fiscal year in which the money accumulates in the State Lottery Fund.

(c) The regulations of the Agency shall apportion the money in the State Lottery Fund in accordance with subsection (b) of this section.
Md. Code, State Government § 9-942 — MD Code / Article gsg / Title 9 / Subtitle 9 / Section 9-942
§9–942.
Status: in_force

(a) The Program shall actively help veterans, service members, and their dependents become aware of and access any service or benefit to which they are entitled including:

(1) tax benefits;

(2) health care benefits;

(3) disability benefits; and

(4) pension benefits.

(b) The Program, in collaboration with the Maryland Higher Education Commission, shall actively help veterans, service members, and their dependents become aware of and access education and training benefits to which they are entitled.

(c) The director of the Program shall:

(1) support veterans, service members, and their dependents through the service or benefit process; and

(2) refer veterans, service members, their dependents, and their survivors to the appropriate governmental unit for claim assistance.
Md. Code, Agriculture § 9-205 — MD Code / Article gag / Title 9 / Subtitle 2 / Section 9-205
§9–205.
Status: in_force

(a) Each wholesaler whose name appears on the label or who handles agricultural, vegetable, herb, tree, shrub, or flower seeds subject to this subtitle shall maintain for two years a complete record of each lot of agricultural, vegetable, herb, tree, shrub, or flower seed handled. He shall keep for one year a file sample of each lot of seed after final disposition of the lot.

(b) Every record and sample pertaining to the shipment involved shall be accessible for inspection by the Secretary during customary business hours.
Md. Code, Commercial Law § 9-330 — MD Code / Article gcl / Title 9 / Subtitle 3 / Section 9-330
§9–330.
Status: in_force

(a) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:

(1) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under § 9-105; and

(2) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.

(b) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under § 9-105 in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase violates the rights of the secured party.

(c) Except as otherwise provided in § 9-327, a purchaser having priority in chattel paper under subsection (a) or (b) also has priority in proceeds of the chattel paper to the extent that:

(1) § 9-322 provides for priority in the proceeds; or

(2) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.

(d) Except as otherwise provided in § 9-331(a), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.

(e) For purposes of subsections (a) and (b), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.

(f) For purposes of subsections (b) and (d), if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
Md. Code, State Government § 9-2404 — MD Code / Article gsg / Title 9 / Subtitle 24 / Section 9-2404
§9–2404.
Status: in_force

(a) There is a Maryland Advisory Council on the Deaf and Hard of Hearing.

(b) (1) The Council consists of 18 members appointed by the Governor, with the advice and consent of the Senate.

(2) Of the 18 Council members, at least five of the members shall be deaf and hard of hearing individuals.

(c) Of the 18 Council members:

(1) one shall be the State Superintendent or a designee from the State Department of Education;

(2) one shall be the Secretary or a designee from the Maryland Department of Health;

(3) one shall be the Secretary or a designee from the Department of Human Services;

(4) one shall be the Secretary or a designee from the Department of Transportation;

(5) one shall be from the Commission on Civil Rights;

(6) one shall be the Secretary or a designee from the Maryland Department of Labor;

(7) one shall be the Secretary or a designee from the Department of Housing and Community Development;

(8) one shall be the Superintendent or a designee from the Maryland School for the Deaf;

(9) one shall be the Secretary or a designee from the Department of Aging; and

(10) nine shall be from the general public.

(d) (1) The nine members from the general public shall be chosen from different geographical areas of the State.

(2) Of the nine members from the general public:

(i) five shall be deaf and hard of hearing individuals;

(ii) one shall be a private citizen with special knowledge or expertise relating to services to deaf and hard of hearing individuals;

(iii) one shall be a parent of a deaf or hard of hearing child;

(iv) one shall be from a private agency providing services to deaf and hard of hearing individuals; and

(v) one shall be a person with special knowledge or expertise relating to services to individuals who are deafblind.
Md. Code, Environment § 9-811 — MD Code / Article gen / Title 9 / Subtitle 8 / Section 9-811
§9–811.
Status: in_force

(a) To assure that each sewerage facility always remains self-supporting, the governing body of a municipality that issues bonds under this subtitle shall set, collect, and whenever necessary revise reasonable rates, fees, benefit assessments, or charges for the services, facilities, and commodities of the sewerage facility.

(b) The rates, fees, benefit assessments, or charges shall be set so as to produce revenue and reserves that are at least sufficient:

(1) To pay, when due, all bonds and the interest on the bonds, for the payment of which the revenue is pledged, charged, or otherwise encumbered; and

(2) To provide for all expenses of operation and maintenance of the sewerage facility.
Md. Code, Election Law § 9-408 — MD Code / Article gel / Title 9 / Subtitle 4 / Section 9-408
§9–408.
Status: in_force

Any person who is convicted of a violation of any of the provisions of this subtitle is subject to a fine of not more than $1,000 or imprisonment for not more than 2 years or both.
Md. Code, Insurance § 9-407.1 — MD Code / Article gin / Title 9 / Subtitle 4 / Section 9-407.1
§9–407.
Status: reserved

§9–407.1.

(a) At any time within 180 days after the date of an order of liquidation, the Corporation may elect to succeed to the rights and obligations of the ceding member insurer that relate to policies, contracts, or annuities covered, in whole or in part, by the Corporation, in each case under any one or more reinsurance contracts entered into by the insolvent insurer and its reinsurers and selected by the Corporation.

(b) Any assumption under subsection (a) of this section is effective as of the date of the order of liquidation.

(c) The election shall be effected by the Corporation or the National Organization of Life and Health Insurance Guaranty Associations on its behalf sending written notice, return receipt requested, to the affected reinsurers.

(d) To facilitate the earliest practicable decision about whether to assume any of the contracts of reinsurance, and in order to protect the financial position of the estate, the receiver and each reinsurer of the ceding member insurer shall make available on request to the Corporation or to the National Organization of Life and Health Insurance Guaranty Associations on its behalf as soon as possible after commencement of formal delinquency proceedings:

(1) copies of in–force contracts of reinsurance and all related files and records relevant to the determination of whether the contracts should be assumed; and

(2) notices of any defaults under the reinsurance contracts or any known event or condition that, with the passage of time, could become a default under the reinsurance contracts.

(e) (1) This subsection applies to reinsurance contracts assumed by the Corporation.

(2) The Corporation is responsible for all unpaid premiums due under a reinsurance contract assumed by the Corporation for periods both before and after the date of the order of liquidation, and is responsible for the performance of all other obligations to be performed after the date of the order of liquidation, in each case which relate to policies, contracts, or annuities covered, in whole or in part, by the Corporation.

(3) The Corporation may charge policies, contracts, or annuities covered in part by the Corporation, through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the Corporation and shall provide notice and an accounting of these charges to the liquidator.

(4) The Corporation is entitled to any amounts payable by the reinsurer under the reinsurance contracts with respect to losses or events that occur in periods after the date of the order of liquidation and that relate to policies, contracts, or annuities covered, in whole or in part, by the Corporation, if on receipt of any amounts payable, the Corporation is obliged to pay to the beneficiary under the policy, contract, or annuity on account of which the amounts were paid a portion of the amount equal to the lesser of:

(i) the amount received by the Corporation; and

(ii) the excess of the amount received by the Corporation over the amount equal to the benefits paid by the Corporation on account of the policy, contract, or annuity less the retention of the insurer applicable to the loss or event.

(f) (1) (i) Within 30 days after the Corporation’s election, the Corporation and each reinsurer under contracts assumed by the Corporation shall calculate the net balance due to or from the Corporation under each reinsurance contract as of the election date with respect to policies, contracts, or annuities covered, in whole or in part, by the Corporation.

(ii) The calculation under subparagraph (i) of this paragraph shall give full credit to all items paid by either the member insurer or its receiver or the reinsurer prior to the election date.

(2) Within 5 days after the completion of the calculation under paragraph (1) of this subsection, the reinsurer shall pay the receiver any amounts due for losses or events before the date of the order of liquidation, subject to any setoff for premiums unpaid for periods before the date, and the Corporation or reinsurer shall pay any remaining balance due the other, in each case.

(3) Any disputes over the amounts due to either the Corporation or the reinsurer shall be resolved by arbitration under the terms of the affected reinsurance contracts or, if the contract contains no arbitration clause, as otherwise provided by law.

(4) If the receiver has received any amounts due to the Corporation under subsection (e)(4) of this section, the receiver shall remit those amounts to the Corporation as promptly as practicable.

(g) If the Corporation or receiver, on the Corporation’s behalf, within 60 days after the election date, pays the unpaid premiums due for periods both before and after the election date that relate to policies, contracts, or annuities covered, in whole or in part, by the Corporation, the reinsurer is not entitled to:

(1) terminate the reinsurance contracts for failure to pay premiums for the reinsurance contracts that relate to policies, contracts, or annuities covered, in whole or in part, by the Corporation; or

(2) set off any unpaid amounts due under other contracts, or unpaid amounts due from parties other than the Corporation, against amounts due the Corporation.

(h) During the period from the date of the order of liquidation until the election date or, if the election date does not occur, until 180 days after the date of the order of liquidation:

(1) (i) neither the Corporation nor the reinsurer shall have any rights or obligations under reinsurance contracts that the Corporation has the right to assume under subsections (a) through (g) of this section, whether for periods before or after the date of the order of liquidation; and

(ii) the reinsurer, the receiver, and the Corporation shall, to the extent practicable, provide each other data and records reasonably requested; and

(2) if the Corporation has elected to assume a reinsurance contract, the parties’ rights and obligations shall be governed by subsections (a) through (g) of this section.

(i) If the Corporation does not elect to assume a reinsurance contract by the election date under subsections (a) through (g) of this section, the Corporation shall have no rights or obligations, in each case for periods both before and after the date of the order of liquidation, with respect to the reinsurance contract.

(j) When policies, contracts, or annuities, or covered obligations with respect to policies, contracts, or annuities, are transferred to an assuming insurer, reinsurance on the policies, contracts, or annuities may also be transferred by the Corporation, in the case of contracts assumed under subsections (a) through (g) of this section, if:

(1) unless the reinsurer and the assuming insurer agree otherwise, the reinsurance contract transferred does not cover any new policies of insurance, health maintenance organization subscriber contracts and group master certificates, or annuities in addition to those transferred;

(2) the obligations described in subsections (a) through (g) of this section no longer apply with respect to matters arising after the effective date of the transfer; and

(3) notice is given in writing, return receipt requested, by the transferring party to the affected reinsurer at least 30 days before the effective date of the transfer.

(k) (1) The provisions of this section supersede the provisions of any state law or of any affected reinsurance contract that provides for or requires any payment of reinsurance proceeds, on account of losses or events that occur in periods after the date of the order of liquidation, to the receiver of the insolvent insurer or any other person.

(2) The receiver remains entitled to any amounts payable by the reinsurer under the reinsurance contracts with respect to losses or events that occur in periods before the date of the order of liquidation, subject to applicable setoff provisions.

(l) (1) Except as otherwise provided in this section, this section does not alter or modify the terms and conditions of any reinsurance contract.

(2) This section does not:

(i) abrogate or limit any rights of any reinsurer to claim that the reinsurer is entitled to rescind a reinsurance contract;

(ii) give a policyholder, contract owner, enrollee, certificate holder, or beneficiary an independent cause of action against a reinsurer that is not otherwise set forth in the reinsurance contract;

(iii) limit or affect the Corporation’s rights as a creditor of the estate against the assets of the estate; or

(iv) apply to reinsurance agreements covering property or casualty risks.
Md. Code, Public Safety § 9-101 — MD Code / Article gps / Title 9 / Subtitle 1 / Section 9-101
§9–101.
Status: in_force

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

(b) “Long–life battery” means a nonrechargeable, nonreplaceable primary battery that is capable of operating a smoke alarm for at least 10 years in the normal condition.

(c) “Sleeping area” means a space that includes one or more sleeping rooms and a hall or common area immediately adjacent to any sleeping room.

(d) “Sleeping room” means an enclosed room with a bed arranged to be used as a bedroom.

(e) “Smoke alarm” means a single or multiple station device that detects visible or invisible products of combustion and includes a built–in internal alarm signal.

(f) “Smoke detector” means a system–connected smoke sensing device tied to a fire alarm control panel or a household fire warning panel.
Md. Code, State Personnel and Pensions § 9-102 — MD Code / Article gsp / Title 9 / Subtitle 1 / Section 9-102
§9–102.
Status: in_force

The Secretary shall compile all leave reports received under § 9-101 of this subtitle and maintain a central database on those reports.
Md. Code, Corporations and Associations § 9A-1303 — MD Code / Article gca / Title 9A / Subtitle 13 / Section 9A-1303
§9A–1303.
Status: in_force

If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
Md. Code, Environment § 9-1620 — MD Code / Article gen / Title 9 / Subtitle 16 / Section 9-1620
§9–1620.
Status: in_force

This subtitle shall be deemed to provide an additional and alternative method for the doing of things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Md. Code, Human Services § 9-304 — MD Code / Article ghu / Title 9 / Subtitle 3 / Section 9-304
§9–304.
Status: in_force

Article III. Interstate Commission for Juveniles.

(a) The compacting states hereby create the “Interstate Commission for Juveniles.” The Commission shall be a body corporate and joint agency of the compacting states. The Commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.

(b) (1) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the Compact Administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

(2) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the Commission.

(c) Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(d) The Interstate Commission shall establish an executive committee, which shall include Commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact.

(e) The executive committee shall:

(1) oversee the day–to–day activities of the administration of the Compact managed by an executive director and Interstate Commission staff;

(2) administer enforcement and compliance with the provisions of the Compact, its bylaws, and rules; and

(3) perform such other duties as directed by the Interstate Commission or set forth in the bylaws.

(f) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.

(g) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

(h) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to:

(1) relate solely to the Interstate Commission’s internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime, or formally censuring any person;

(5) disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigative records compiled for law enforcement purposes;

(7) disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

(8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

(9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.

(i) For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(j) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up–to–date technology and coordinate its information functions with the appropriate repository of records.
Md. Code, Insurance § 9-213 — MD Code / Article gin / Title 9 / Subtitle 2 / Section 9-213
§9–213.
Status: in_force

(a) In this section, “appointed receiver” means a person, other than the Commissioner, that the court appoints as a conservator, rehabilitator, or receiver under this section.

(b) (1) On motion of the court or the Commissioner, the court may issue an order that appoints or substitutes a person other than the Commissioner as conservator, rehabilitator, or receiver:

(i) on initial application by the Commissioner for an order to appoint the Commissioner as conservator, rehabilitator, or receiver under this subtitle; or

(ii) at any time during the course of a conservatorship, rehabilitation, or receivership under this subtitle.

(2) An appointed receiver has the same powers and duties that the Commissioner has under this subtitle as conservator, rehabilitator, or receiver.

(c) (1) In addition to any other report required by the court, the court shall require an appointed receiver at least quarterly to file with the Commissioner and court a report about:

(i) the status of the conservatorship, rehabilitation, or receivership; and

(ii) the activities of the appointed receiver since the last report filed under this paragraph.

(2) The report required under paragraph (1) of this subsection at a minimum shall include:

(i) information of the character required by Title 13 of the Maryland Rules that applies to receivers generally;

(ii) any other information necessary to provide a complete report on the financial affairs and condition of the conservatorship, rehabilitation, or receivership;

(iii) a complete account of all efforts by the appointed receiver since the last report:

1. to sell or dispose of the remaining business, assets, or policies of the insurer; or

2. to otherwise bring to a prompt conclusion the conservatorship, rehabilitation, or receivership; and

(iv) copies of any actuarial or other evaluations of the insurance business and assets under the control of the appointed receiver.

(3) The report shall be audited unless for good cause the court waives the audit.

(d) Subject to any protective order that the court considers appropriate, information filed under seal shall be provided to both the Commissioner and the affected guaranty association.

(e) The appointed receiver shall give the Commissioner and any guaranty association that may be obligated to pay claims during the conservatorship, rehabilitation, or receivership full access to all documents and records related to the conservatorship, rehabilitation, or receivership that are in the possession of the appointed receiver.

(f) The Commissioner may be a party to a conservatorship, rehabilitation, or receivership for which there is an appointed receiver.

(g) (1) Subject to approval of the court, the Commissioner and any guaranty association that may be obligated to pay claims during the conservatorship, rehabilitation, or receivership may negotiate for sale of all or part of the assets or book of business of the insurer placed in conservatorship, rehabilitation, or receivership.

(2) The appointed receiver:

(i) shall cooperate fully in any sales negotiation under paragraph (1) of this subsection; and

(ii) may object to the terms of a sale of the assets or book of business of the insurer that results from the negotiation.

(3) After notice and an opportunity to be heard, the court may limit the efforts of the Commissioner or guaranty association to undertake or continue negotiations for the sale of the assets or book of business of the insurer if the negotiations would impair the ability of the appointed receiver to engage in similar negotiations or discharge other responsibilities.

(h) (1) If the Commissioner determines that an appointed receiver is not adequately discharging the duties and responsibilities of the position, the Commissioner may file with the court an application that seeks to discharge the appointed receiver and to appoint the Commissioner as conservator, rehabilitator, or receiver or to appoint a new appointed receiver.

(2) If the Commissioner establishes by a preponderance of the evidence that grounds exist for discharge of an appointed receiver, the court shall grant the application of the Commissioner to discharge the appointed receiver and to appoint the Commissioner as conservator, rehabilitator, or receiver or to appoint a new appointed receiver.
Md. Code, Corporations and Associations § 9A-304 — MD Code / Article gca / Title 9A / Subtitle 3 / Section 9A-304
§9A–304.
Status: in_force

A partner or other person named as a partner in a filed statement of partnership authority may file a statement of denial stating the name of the partnership and the fact that is being denied, which may include denial of a person’s authority or status as a partner. A statement of denial is a limitation on authority as provided in § 9A-303(c) and (d) of this subtitle.
Md. Code, Environment § 9-329.2 — MD Code / Article gen / Title 9 / Subtitle 3 / Section 9-329.2
§9–329.
Status: in_force

§9–329.2.

(a) Except as provided in this section and notwithstanding any other provision of this article, on or after July 1, 1988 a person may not discharge any chlorine or chlorine products into the Chesapeake Bay or its tributaries in excess of a concentration that the Department of the Environment, in consultation with the Department of Natural Resources, determines to be the lowest practicably attainable concentration.

(b) To determine the allowable concentrations of chlorine or chlorine products under this section, the Secretary of the Environment, in consultation with the Secretary of Natural Resources, shall adopt regulations that:

(1) Use the best practicable management technologies; and

(2) Set forth approved monitoring technologies.

(c) (1) A person may apply to the Department of the Environment for an exception under subsection (a) of this section.

(2) The Department of the Environment, in consultation with the Department of Natural Resources, may grant an exception under subsection (a) of this section to an applicant if the application sets forth compliance schedules acceptable to the Department.

(d) An owner of a vessel that is equipped with a marine sanitation device that meets the requirements of 33 C.F.R. 159 shall automatically be excepted from the provisions of subsection (a) of this section.
Md. Code, Environment § 9-301 — MD Code / Article gen / Title 9 / Subtitle 3 / Section 9-301
§9–301.
Status: in_force

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

(b) “Board” means the Water Science Advisory Board.

(c) “CAFO” means a concentrated animal feeding operation, as defined in Department regulations.

(d) “Discharge permit” means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of this State.

(e) “Drinking water treatment facility” means a facility that is used to treat water in a public water system.

(f) “Person” includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units.

(g) “Public water system” has the meaning stated in § 9–401 of this title.

(h) “Reclaimed water” means sewage that:

(1) Has been treated to a high quality suitable for various reuses; and

(2) Has a concentration of less than:

(i) 3 fecal coliform colonies per 100 milliliters;

(ii) 10 milligrams per liter of 5–day biological oxygen demand; and

(iii) 10 milligrams per liter of total suspended solids.

(i) “Reservoir augmentation” means the planned placement of reclaimed water into a surface water reservoir used as a source for a drinking water treatment facility.

(j) “Reservoir augmentation permit” means a permit issued by the Department for reservoir augmentation.

(k) “Sewage” means any human or animal excretion, domestic waste, or industrial waste.

(l) (1) “Sewerage system” means:

(i) The channels used or intended to be used to collect and dispose of sewage; and

(ii) Any structure and appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of this State.

(2) “Sewerage system” includes any sewer of any size.

(3) “Sewerage system” does not include the plumbing system inside any building served by the sewerage system.
Md. Code, Labor and Employment § 9-683.1 — MD Code / Article gle / Title 9 / Subtitle 6 / Section 9-683.1
§9–683.
Status: in_force

§9–683.1.

(a) This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.

(b) Except as otherwise provided in this subtitle, the Commission shall determine all questions of dependency in accordance with the facts of each case that existed:

(1) at the time of the occurrence of the accidental personal injury that caused the death of the covered employee; or

(2) on the date of disablement from the occupational disease that caused the death of the covered employee.

(c) Notwithstanding subsection (b) of this section, the Commission may determine the question of dependency of a child of a covered employee born after:

(1) the time of the occurrence of the accidental personal injury that caused the death of the covered employee;

(2) the date of disablement from the occupational disease that caused the death of the covered employee; or

(3) the death of the covered employee resulting from the accidental personal injury or occupational disease.
Md. Code, Environment § 9-910 — MD Code / Article gen / Title 9 / Subtitle 9 / Section 9-910
§9–910.
Status: in_force

(a) (1) Except as provided in this section, if an authority has 2 or more members, any of the member political subdivisions may withdraw from the authority.

(2) Any political subdivision may join the authority.

(b) After an authority that has 2 or more member political subdivisions incurs an obligation, the member political subdivisions may not withdraw from the authority.

(c) (1) By law, the governing body of a political subdivision shall show its intention to withdraw from or join an existing authority.

(2) If, by resolution, the board of directors of an authority consents to the withdrawal of a political subdivision from the authority, the following persons shall sign and acknowledge articles of withdrawal:

(i) The authorized officers of the withdrawing political subdivision; and

(ii) The authorized officers of the authority.

(3) If, by resolution, the board of directors of an authority consents to the addition of a political subdivision as a member of the authority, the following persons shall sign and acknowledge articles of joinder:

(i) The authorized officers of the joining political subdivision;

(ii) The authorized officers of the authority; and

(iii) After they are authorized by law of the governing bodies of their respective political subdivisions, the authorized officers of the political subdivisions that are then members of the authority.

(d) Articles of joinder under this section shall include, for the joining political subdivision, all of the information required under § 9-907(b) of this subtitle, including the name, address, and term of office of the 1st member of the board of directors of the authority from the joining political subdivision.

(e) The officers of the authority shall file articles of withdrawal or articles of joinder under this section for record with the State Department of Assessments and Taxation.

(f) (1) The State Department of Assessments and Taxation shall:

(i) Receive the articles of withdrawal or articles of joinder;

(ii) Mark the date and time of receipt to the articles; and

(iii) Issue a certificate of approval for any articles that comply with this subtitle.

(2) When the State Department of Assessments and Taxation issues a certificate of approval, the articles of withdrawal or articles of joinder:

(i) Are in full force and effect; and

(ii) Are conclusively considered to be lawfully and properly adopted.
Md. Code, Commercial Law § 9-601 — MD Code / Article gcl / Title 9 / Subtitle 6 / Section 9-601
§9–601.
Status: in_force

(a) After default, a secured party has the rights provided in this subtitle and, except as otherwise provided in § 9-602, those provided by agreement of the parties. A secured party:

(1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and

(2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.

(b) A secured party in possession of collateral or control of collateral under § 7-106, § 9-104, § 9-105, § 9-106, or § 9-107 has the rights and duties provided in § 9-207.

(c) The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.

(d) Except as otherwise provided in subsection (g) and § 9-605, after default, a debtor and an obligor have the rights provided in this subtitle and by agreement of the parties.

(e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:

(1) The date of perfection of the security interest or agricultural lien in the collateral;

(2) The date of filing a financing statement covering the collateral; or

(3) Any date specified in a statute under which the agricultural lien was created.

(f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this title.

(g) Except as otherwise provided in § 9-607(c), this subtitle imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Md. Code, Labor and Employment § 9-6A-17 — MD Code / Article gle / Title 9 / Subtitle 6A / Section 9-6A-17
§9–6A–17.
Status: in_force

Any individual aggrieved by a decision of the Commission under this subtitle may appeal the decision as allowed under Subtitle 7 of this title.
Md. Code, Labor and Employment § 9-504 — MD Code / Article gle / Title 9 / Subtitle 5 / Section 9-504
§9–504.
Status: in_force

(a) Except as otherwise provided, an employer shall provide compensation in accordance with this title to a covered employee for a hernia caused by an accidental personal injury or by a strain arising out of and in the course of employment if:

(1) the covered employee provides definite proof that satisfies the Commission that:

(i) the hernia did not exist before the accidental personal injury or strain occurred; or

(ii) as a result of the accidental personal injury or strain, a preexisting hernia has become so aggravated, incarcerated, or strangulated that an immediate operation is needed; and

(2) notwithstanding any other provision of this title about notice, the accidental personal injury or strain was reported to the employer within 45 days after its occurrence.

(b) If a covered employee fails to file a claim for compensation for a hernia caused by an accidental personal injury within the time period required under § 9–709(a) of this title, the covered employee may file the claim within 2 years after the date the accidental personal injury occurred unless the employer or its insurer has been prejudiced by the failure.

(c) Notwithstanding any other provision of this title, a hernia caused as a result of repetitive trauma may be:

(1) considered an occupational disease; and

(2) compensable subject to § 9–502 of this subtitle.
Md. Code, Environment § 9-2105 — MD Code / Article gen / Title 9 / Subtitle 21 / Section 9-2105
§9–2105.
Status: in_force

(a) A person that violates this subtitle is subject to:

(1) For a first violation, a civil penalty of $500;

(2) For a second violation, a civil penalty of $1,000; and

(3) For a third and subsequent violation, a civil penalty of $2,000.

(b) Any penalties collected under this section shall be paid to the county, municipality, or other local government that brought the enforcement action.
Md. Code, Labor and Employment § 9-104 — MD Code / Article gle / Title 9 / Subtitle 1 / Section 9-104
§9–104.
Status: in_force

(a) (1) Except as otherwise provided in this title, a covered employee or an employer of a covered employee may not by agreement, rule, or regulation:

(i) exempt the covered employee or the employer from a duty of the covered employee or the employer under this title; or

(ii) waive a right of the covered employee or the employer under this title.

(2) An agreement, rule, or regulation that violates paragraph (1) of this subsection is void to the extent of the violation.

(b) (1) If federal law provides an exclusive remedy and compensation to an employee of a common carrier by railroad in this State or a dependent of the employee for disability or death caused by an accidental personal injury sustained in interstate or foreign commerce, the carrier and the employee may enter into an agreement that provides:

(i) for the payment by the carrier of compensation, in accordance with the federal law, to the employee or a dependent of the employee for disability or death caused by an accidental personal injury sustained in intrastate commerce; and

(ii) except as otherwise provided in the agreement, that the carrier may not be civilly liable for the disability or death of the employee caused by the accidental personal injury.

(2) To enter into an agreement with any employees of a common carrier by railroad under paragraph (1) of this subsection, the carrier shall:

(i) submit, under seal, to the Commission a document that:

1. offers to enter into an agreement with each of its employees in the State under paragraph (1) of this subsection; and

2. refers to the applicable federal law; and

(ii) publish notice of the offer once a week for 3 successive weeks after the document is submitted to the Commission:

1. in a newspaper published in each county through which the carrier regularly runs a freight or passenger train; and

2. if the carrier regularly runs a freight or passenger train within Baltimore City, in 2 newspapers published in Baltimore City.

(3) Thirty days after a common carrier by railroad submits to the Commission a document making an offer under paragraph (2) of this subsection, each employee of the carrier shall be conclusively presumed to have entered into the agreement unless, within the 30 days, an employee submits to the Commission a written notice declining the offer.

(4) A common carrier by railroad or an employee of the carrier may end an agreement made under this subsection on the part of the carrier or employee by giving the Commission at least 30 days’ written notice of intention to end the agreement.

(5) If a common carrier by railroad or an employee of the carrier gives the Commission notice of intention to end the agreement in accordance with paragraph (4) of this subsection, the agreement shall end on the part of the carrier or employee on the effective date of the notice.

(c) A covered employee who has sustained an injury or partial disability may waive by written contract the rights of the covered employee under this title for any subsequent injury that is naturally and proximately caused by the previous injury or disability if the covered employee:

(1) voluntarily enters into the contract; and

(2) executes the contract in the presence of 2 individuals who sign the contract as witnesses.

(d) (1) Subject to paragraph (5) of this subsection, as part of a collective bargaining agreement, an employer and a recognized or certified exclusive bargaining representative of employees under the purview of the Building and Construction Trade Council may agree to:

(i) an alternative dispute resolution system that modifies, supplements, or replaces all or part of the dispute prevention and dispute resolution processes contained in this title, and that may include but is not limited to mediation and binding arbitration;

(ii) the use of an agreed list of health care providers of medical treatment and expertise, which may be the source of all medical and related examinations, treatment, and testimony provided under this title;

(iii) the use of an agreed list of health care providers to conduct independent medical examinations;

(iv) a light duty, modified job, or return to work program; and

(v) a vocational rehabilitation or retraining program.

(2) (i) All settlements and resolutions of claims under an alternative dispute resolution system shall be submitted to the Commission for approval. The Commission shall approve settlements and resolutions of claims that the Commission determines are in compliance with this title.

(ii) All arbitration decisions under an alternative dispute resolution system shall be reviewable in the same manner and under the same procedures as a decision of a commissioner.

(3) An agreement under this subsection is not valid until it has been filed with the Commission and determined by the Commission to be in compliance with this subsection and this title.

(4) Once an agreement under this subsection has been determined to be in compliance with this subsection and this title by the Commission it is binding on the employer and the bargaining unit.

(5) This subsection does not allow an agreement that:

(i) exempts a covered employee or an employer from a duty of the covered employee or employer under this title;

(ii) waives or limits a right or benefit of a covered employee or employer under this title, except as otherwise set forth in this subsection;

(iii) affects the imposition of an assessment on settlements and resolutions of claims, as described in §§ 9–806 and 9–1007 of this title; or

(iv) affects claims made under Subtitle 8 or Subtitle 10 of this title or claims made under Title 10, Subtitle 2 of this article.

(6) An agreement that violates paragraph (5) of this subsection is void.

(7) Notwithstanding paragraph (1)(ii) of this subsection, an injured employee whose injury or treatment is related to a medical condition for which the employee is being or has been treated may continue to seek treatment from the health care provider who is treating or has treated the condition.

(8) An agreement under this subsection shall provide for an appeal mechanism for a covered employee who wishes to use a health care provider who is not on the agreed list of health care providers.

(9) Nothing in this subsection requires an insurer to underwrite a program established under paragraph (1) of this subsection.
Md. Code, Environment § 9-1111 — MD Code / Article gen / Title 9 / Subtitle 11 / Section 9-1111
§9–1111.
Status: in_force

(a) In this section, “rural zone” means an area of Montgomery County designated as a Rural Zone, Rural Cluster Zone, Rural Density Transfer Zone, Rural Neighborhood Cluster Zone, or Rural Service Zone as described in the Montgomery County Code Zoning Ordinance.

(b) (1) Except as provided in subsection (c) of this section, in Montgomery County, an on–site sewage disposal system or well located in a rural zone may only serve one additional lot or parcel that has been subdivided from a single property on which the on–site sewage disposal system or well is located under an on–site sewage disposal system easement or well easement, respectively, provided that:

(i) The property on which the on–site sewage disposal system or well is located does not have an existing on–site sewage disposal system easement or well easement;

(ii) The subdivision of the property was made in accordance with a State or county agricultural land conservation program if the property is subject to an agricultural land conservation easement; and

(iii) Only one on–site sewage disposal system easement may serve only one subdivided lot or parcel.

(2) An easement for an on–site sewage disposal system or well under paragraph (1) of this subsection may be granted from the original parcel to a new lot or parcel being created and the easement must not be granted to any lot or parcel that did not originate from the same original parcel.

(c) An on–site sewage disposal system or well under subsection (b)(1) of this section may not:

(1) Serve land that is designated by the State or the governing body of Montgomery County as a special protection area; or

(2) Decrease the land available for agricultural production by more than 4,000 square feet.
Md. Code, Corporations and Associations § 9A-1011 — MD Code / Article gca / Title 9A / Subtitle 10 / Section 9A-1011
§9A–1011.
Status: in_force

The authority to do business in Maryland of any limited liability partnership that is forfeited for nonpayment of taxes, unemployment insurance contributions, or reimbursement payments or failure to file an annual report may be reinstated by filing a certificate of reinstatement with the Department.
Md. Code, Commercial Law § 9-109 — MD Code / Article gcl / Title 9 / Subtitle 1 / Section 9-109
§9–109.
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), this title applies to:

(1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(2) An agricultural lien;

(3) A sale of accounts, chattel paper, payment intangibles, or promissory notes;

(4) A consignment;

(5) A security interest arising under § 2–401, § 2–505, § 2–711(3), or § 2A–508(5) of this article, as provided in § 9–110; and

(6) A security interest arising under § 4–210 or § 5–118 of this article.

(b) The application of this title to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this title does not apply.

(c) This title does not apply to the extent that:

(1) A statute, regulation, or treaty of the United States preempts this title;

(2) Another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State;

(3) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or

(4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 5–114 of this article.

(d) This title does not apply to:

(1) A landlord’s lien, other than an agricultural lien;

(2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 9–333 applies with respect to priority of the lien;

(3) An assignment of a claim for wages, salary, or other compensation of an employee;

(4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;

(5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;

(6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health–care provider of a health–care–insurance receivable and any subsequent assignment of the right to payment, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds;

(9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(10) A right of recoupment or set–off, but:

(A) § 9–340 applies with respect to the effectiveness of rights of recoupment or set–off against deposit accounts; and

(B) § 9–404 applies with respect to defenses or claims of an account debtor;

(11) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

(A) Liens on real property in §§ 9–203 and 9–308;

(B) Fixtures in § 9–334;

(C) Fixture filings in §§ 9–501, 9–502, 9–512, 9–516, and 9–519; and

(D) Security agreements covering personal and real property in § 9–604;

(12) An assignment of a claim arising in tort, other than a commercial tort claim, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds; or

(13) An assignment of a deposit account in a consumer transaction, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds.
Md. Code, Tax - Property § 9-234 — MD Code / Article gtp / Title 9 / Subtitle 2 / Section 9-234
§9–234.
Status: in_force

(a) The governing body of a county or municipal corporation may grant, by law, a property tax credit under this section against the county or municipal corporation property tax imposed on real property containing a vacant or underutilized commercial building that:

(1) was built primarily for office, industrial, or other commercial purposes;

(2) was last used for office, industrial, or other commercial purposes; and

(3) is renovated for use primarily as housing.

(b) The governing body of a county or municipal corporation may establish conditions for the granting of a property tax credit under paragraph (1) of this subsection, including:

(1) eligibility criteria;

(2) application procedures; and

(3) provisions for a payment in lieu of taxes to the county or municipal corporation by the recipient of the tax credit.
Md. Code, State Government § 9-20A-08 — MD Code / Article gsg / Title 9 / Subtitle 20A / Section 9-20A-08
§9–20A–08.
Status: in_force

The Administration may enter into contracts with third parties to make, service, or settle loans made under this subtitle.
Md. Code, Tax - Property § 9-320 — MD Code / Article gtp / Title 9 / Subtitle 3 / Section 9-320
§9–320.
Status: in_force

(a) (1) The governing body of St. Mary’s County may grant, by law, a property tax credit under this section against county property tax imposed on:

(i) property that is:

1. owned by the St. George’s Island Improvement Association, Incorporated; and

2. used only for community or civic purposes;

(ii) real property that is owned by the Seventh District Optimist Youth Foundation, Inc.;

(iii) real property, including any improvements, that is subject to a State or a county land preservation program; and

(iv) real property that:

1. was formerly used solely as a tobacco barn; and

2. is subject to a tobacco buyout agreement.

(2) In authorizing a credit under paragraph (1)(iv) of this subsection, the governing body of the county may provide, by law, for:

(i) the amount of the credit;

(ii) the duration of the credit; and

(iii) any other provision necessary to administer the credit.

(b) (1) The governing body of St. Mary’s County may grant, by law, a property tax credit against the county property tax imposed on personal property.

(2) A law adopted under paragraph (1) of this subsection may provide for:

(i) the amount of a credit;

(ii) the subclasses of personal property under § 8–101(c) of this article to which the credit applies; and

(iii) other provisions necessary to administer the credit.

(c) (1) The governing body of St. Mary’s County or of a municipal corporation in St. Mary’s County may grant, by law, a property tax credit under this section against the county or municipal corporation property tax imposed on real property that is:

(i) leased to a nonprofit school; and

(ii) used exclusively for primary or secondary educational purposes.

(2) A property tax credit granted under this subsection shall continue as long as the property is in compliance with the terms of this subsection.

(d) (1) To encourage the location and development of business operations and expansion of the employment base in St. Mary’s County, the governing body of St. Mary’s County or of a municipal corporation in St. Mary’s County may grant, by law, a property tax credit against the county or municipal corporation property tax imposed on any property owned or leased by a new or expanding business that creates 10 or more full–time jobs in an industry targeted for expansion by the St. Mary’s County Economic Development Commission.

(2) A tax credit granted under this subsection may not be granted for more than 10 years.

(e) (1) The governing body of St. Mary’s County may grant, by law, a property tax credit against the county property tax imposed on commercial real property that:

(i) is located in an eligible area of the county; and

(ii) has had improvements made on the property on or after July 1, 2020.

(2) (i) The amount of the credit authorized under this subsection may not exceed 25% of the county property tax assessed on the property.

(ii) The duration of the credit authorized under this subsection may not exceed 10 years.

(3) If the governing body of St. Mary’s County authorizes a credit under this subsection, the governing body of St. Mary’s County:

(i) may provide, by law, for:

1. subject to paragraph (2)(i) of this subsection, the amount of the credit;

2. subject to paragraph (2)(ii) of this subsection, the duration of the credit; and

3. any other provision necessary to administer the credit; and

(ii) shall define, by law, the areas in the county and the improvements to the property that are eligible for a credit authorized under this subsection.
Md. Code, Health Occupations § 9-3A-17 — MD Code / Article gho / Title 9 / Subtitle 3A / Section 9-3A-17
§9–3A–17.
Status: in_force

(a) The Board may issue a cease and desist order for practicing as an assisted living manager without a license or with an unauthorized individual or for supervising or aiding an unauthorized individual in the practice of assisted living management.

(b) (1) An action for aiding and abetting may be maintained in the name of the State or the Board to enjoin:

(i) The unauthorized practice of assisted living management; or

(ii) Conduct that is a ground for disciplinary action under § 9–3A–12 of this subtitle.

(2) An action under this section may be brought by:

(i) The Board, in its own name;

(ii) The Attorney General, in the name of the State; or

(iii) A State’s Attorney, in the name of the State.

(3) An action under this section shall be brought in the county where the defendant resides or engages in the acts sought to be enjoined.

(4) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(5) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of assisted living management under § 9–401 of this title or disciplinary action under § 9–3A–12 of this subtitle.
Md. Code, Labor and Employment § 9-703 — MD Code / Article gle / Title 9 / Subtitle 7 / Section 9-703
§9–703.
Status: in_force

Each employer shall have at all times a sufficient supply of each form that the Commission provides.
Md. Code, Commercial Law § 9-523 — MD Code / Article gcl / Title 9 / Subtitle 5 / Section 9-523
§9–523.
Status: in_force

(a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

(1) Note upon the copy the number assigned to the record pursuant to § 9-519(a)(1) and the date and time of the filing of the record; and

(2) Send the copy to the person.

(b) The filing office shall make available to the general public records indexed both in the names of debtors and by unique file numbers, based upon which copies of filed records may be obtained.

(c) In complying with its duty under subsection (b), the filing office may communicate information in any medium.
Md. Code, Labor and Employment § 9-706 — MD Code / Article gle / Title 9 / Subtitle 7 / Section 9-706
§9–706.
Status: in_force

(a) The Commission shall excuse a failure to comply with the notice requirement of § 9-704 or § 9-705 of this subtitle if the Commission finds that:

(1) there was a sufficient reason for the failure to comply; or

(2) the employer or its insurer has not been prejudiced by the failure to comply.

(b) The employer or its insurer has the burden of proving that it has been prejudiced by the failure to comply with the notice requirement.

(c) In the case of an occupational disease, the defense of failure to comply with the notice requirement is waived unless raised at a hearing on the claim before any award or decision is made.
Md. Code, Tax - Property § 9-105.1 — MD Code / Article gtp / Title 9 / Subtitle 1 / Section 9-105.1
§9–105.
Status: in_force

§9–105.1.

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

(2) “Dwelling” has the meaning stated in § 9–105 of this subtitle.

(3) “Homeowner” has the meaning stated in § 9–105 of this subtitle.

(b) On or before January 1 each year, Baltimore City shall mail a notice of the tax credit under § 9–105 of this subtitle to each homeowner in Baltimore City:

(1) who has not applied for the tax credit under § 9–105 of this subtitle; and

(2) whose dwelling has an assessed value, when fully phased in, in the current 3–year assessment cycle that is more than 10% greater than the dwelling’s assessed value, when fully phased in, in the immediately preceding 3–year assessment cycle.

(c) The notice shall include:

(1) a copy of the application for the tax credit under § 9–105 of this subtitle; and

(2) a separate insert that includes:

(i) the following statement in conspicuous type: “Because the value of your home has increased, the amount of property taxes you owe will also increase. But the amount of your tax increase will be significantly less if you qualify for the Homestead Property Tax Credit. You are strongly encouraged to apply for the Homestead Property Tax Credit.”; and

(ii) any other relevant information, as determined by Baltimore City.

(d) Baltimore City shall pay all costs to carry out this section.

(e) On or before November 1 each year, the Department shall provide Baltimore City with a list of the homeowners to whom the notice must be mailed on or before the following January 1.
Md. Code, Environment § 9-11A-23 — MD Code / Article gen / Title 9 / Subtitle 11A / Section 9-11A-23
§9–11A–23.
Status: in_force

(a) Instead of or in addition to any other penalties authorized under this title, the Board may impose an administrative penalty on a person who violates this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.

(b) In setting the amount of the administrative penalty, the Board shall consider:

(1) The seriousness of the violation;

(2) The harm caused by the violation;

(3) The good faith of the violator;

(4) Any history of previous violations by the violator; and

(5) Any other relevant factors.

(c) If a violator fails to pay an administrative penalty within 90 days after the imposition of the administrative penalty by the Board, the matter shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the administrative penalty.

(d) Any penalties collected under this section shall be paid into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.
Md. Code, Criminal Law § 9-101 — MD Code / Article gcr / Title 9 / Subtitle 1 / Section 9-101
§9–101.
Status: in_force

(a) A person may not willfully and falsely make an oath or affirmation as to a material fact:

(1) if the false swearing is perjury at common law;

(2) in an affidavit required by any state, federal, or local law;

(3) in an affidavit made to induce a court or officer to pass an account or claim;

(4) in an affidavit required by any state, federal, or local government or governmental official with legal authority to require the issuance of an affidavit; or

(5) in an affidavit or affirmation made under the Maryland Rules.

(b) A person who violates this section is guilty of the misdemeanor of perjury and on conviction is subject to imprisonment not exceeding 10 years.

(c) (1) If a person makes an oath or affirmation to two contradictory statements, each of which, if false, is prohibited by subsection (a) of this section, it is sufficient to allege, and for conviction to prove, that one of the statements is willfully false without specifying which one.

(2) If the two contradictory statements made in violation of paragraph (1) of this subsection are made in different counties, the violation may be prosecuted in either county.

(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Alcoholic Beverages and Cannabis § 9-1702 — MD Code / Article gab / Title 9 / Subtitle 17 / Section 9-1702
§9–1702.
Status: in_force

The Board may not allow the transfer of a license unless the Board is presented with a receipt or certificate from the Director of Finance showing that all personal property taxes due the county or the State are paid.
Md. Code, Environment § 9-2708 — MD Code / Article gen / Title 9 / Subtitle 27 / Section 9-2708
§9–2708.
Status: in_force

On or before July 1, 2026, and every 2 years thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on water system compliance and the progress made regarding the implementation of the requirements set forth in this subtitle.
Md. Code, Public Utilities § 9-402 — MD Code / Article gpu / Title 9 / Subtitle 4 / Section 9-402
§9–402.
Status: in_force

(a) This section does not affect the duties of a railroad company or the powers of the Commission regarding joint rates.

(b) A railroad company shall receive freight cars of proper standard from other railroad companies at connecting points and haul the cars:

(1) to their destination; or

(2) by the route billed, to the connecting point with the next connecting carrier.

(c) Except on terms and conditions that the Commission establishes, railroad companies may not be required to interchange cars.
Md. Code, Health Occupations § 9-3A-03 — MD Code / Article gho / Title 9 / Subtitle 3A / Section 9-3A-03
§9–3A–03.
Status: in_force

To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires;

(2) Pay to the Board the application fee set by the Board; and

(3) Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this title.
Md. Code, State Government § 9-1C-01 — MD Code / Article gsg / Title 9 / Subtitle 1C / Section 9-1C-01
§9–1C–01.
Status: in_force

(a) Notwithstanding any other provision of the Criminal Law Article, an individual who is at least 21 years old may conduct a home game involving wagering if the home game:

(1) except as provided in subsection (b) of this section, is limited to mah jong or a card game;

(2) is conducted not more than once a week:

(i) in the place of residence of an individual who may also participate as a player in the home game; or

(ii) in a common area of a residential property that is restricted to residents who are at least 55 years old;

(3) allows a player to compete directly against one or more other players who share a preexisting social relationship;

(4) does not allow an individual to benefit financially in any way, directly or indirectly, other than from the winnings accrued by participating as a player in the game;

(5) does not involve:

(i) a player’s use of an electronic device that connects to the Internet;

(ii) the use of paid public advertising or promotions;

(iii) the charging of a fee for admission, a seat, entertainment, or food and drink or any other fee; or

(iv) the use of any money except money used for wagering; and

(6) has a limit of $1,000 on the total amount of money, tokens representing money, or any other thing or consideration of value that may be wagered by all players during any 24–hour period.

(b) In Carroll County, a home game authorized under subsection (a) of this section may include bingo if it is conducted in a common area of a residential property that is restricted to residents who are at least 55 years old.
Md. Code, Environment § 9-512 — MD Code / Article gen / Title 9 / Subtitle 5 / Section 9-512
§9–512.
Status: in_force

(a) In this section, “building permit” means any permit that allows any building construction and is issued by any State or local authority.

(b) (1) A State or local authority may not issue a building permit unless:

(i) The water supply system, sewerage system, or solid waste acceptance facility is adequate to serve the proposed construction, taking into account all existing and approved developments in the service area;

(ii) Any water supply system, sewerage system, or solid waste acceptance facility described in the application will not overload any present facility for conveying, pumping, storing, or treating water, sewage, or solid waste;

(iii) Except for essential public services, after January 1, 1992, the county in which the proposed construction is located has an approved recycling plan under § 9–505 of this subtitle and § 9–1703 of this title; and

(iv) Except for essential public services, after January 1, 1994, the county in which the proposed construction is located has met the recycling reductions submitted in an approved recycling plan under § 9–505 of this subtitle and § 9–1703 of this title.

(2) A water supply system, sewerage system, or solid waste acceptance facility referenced in a subdivision plat shall conform to the applicable county plan.

(3) If an allocation of water or wastewater is needed, and before a State or local authority may issue a building permit, the State shall:

(i) Have an allocation of water and wastewater from the county whose facilities are affected by the proposed building construction; or

(ii) Show evidence of being able to provide an acceptable on–site sewage disposal system or well system until an allocation becomes available, or on a permanent basis if the State elects.

(4) The county shall timely review any State request for an allocation of water or wastewater, and report its findings to the State within 45 days from the date of such request.

(5) The Department may grant a waiver from the sanctions of subsection (b)(1)(iii) and (iv) of this section if the county demonstrates to the satisfaction of the Secretary that it cannot achieve the recycling goal due to unforseen or emergency circumstances beyond the county’s control.

(6) (i) In the event that sanctions are imposed under this subsection, and the county submits an application for removing the sanctions, the Secretary shall promptly approve or deny the application.

(ii) In the event that the Secretary has neither approved nor denied the application within 30 days of its submission, the application shall be deemed approved and the sanctions shall be removed.

(c) To apply for a building permit, an applicant shall:

(1) Submit an application to a State or local authority on the form that the authority requires; and

(2) Provide any information that the authority reasonably requires to comply with subsection (b) of this section.

(d) (1) A State or local authority may not record or approve a subdivision plat unless any approved facility for conveying, pumping, storing, or treating water, sewage, or solid waste to serve the proposed development would be:

(i) Completed in time to serve the proposed development; and

(ii) Adequate to serve the proposed development, once completed, without overloading any water supply system, sewerage system, or solid waste acceptance facility.

(2) Each water supply system, sewerage system, and solid waste acceptance facility in a subdivision shall:

(i) Conform to the applicable county plan; and

(ii) Take into consideration all present and approved subdivision plats and building permits in the service area.

(3) If an allocation of water or wastewater is needed, and before a State or local authority may record or approve a subdivision plat, the State shall:

(i) Have an allocation of water and wastewater from the county whose facilities are affected by the proposed development; or

(ii) Show evidence of being able to provide an acceptable on–site sewage disposal system or well system until an allocation becomes available, or on a permanent basis if the State elects.

(4) The county shall timely review any State request for an allocation of water or wastewater, and report its findings to the State within 45 days from the date of such request.

(e) To apply for approval of a subdivision plat, an applicant shall:

(1) Submit an application to the appropriate State or local authority on the form that the authority requires; and

(2) Provide any information that the authority reasonably requires to comply with subsection (d) of this section.
Md. Code, Environment § 9-1107 — MD Code / Article gen / Title 9 / Subtitle 11 / Section 9-1107
§9–1107.
Status: in_force

The Howard County governing body may require the recipient of a permit to install a multiuse sewerage system to post a performance bond before installing the multiuse sewerage system.
Md. Code, Tax - Property § 9-103.1 — MD Code / Article gtp / Title 9 / Subtitle 1 / Section 9-103.1
§9–103.
Status: in_force

§9–103.1.

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

(2) “Base year” means the taxable year immediately before the taxable year in which a property tax credit under this section is to be granted.

(3) (i) “Base year value” means the value of the property used to determine the assessment on which the property tax on real property was imposed for the base year.

(ii) “Base year value” does not include any new real property that was first assessed in the base year.

(4) (i) “Business entity” means a person who operates or conducts a trade or business.

(ii) “Business entity” includes a person who owns, operates, develops, constructs, or rehabilitates real property if the real property:

1. is intended for use primarily as single or multifamily residential property located in a RISE zone; and

2. is partially devoted to a nonresidential use.

(5) (i) “Eligible assessment” means the difference between the base year value and the actual value as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.

(ii) For a business entity that is located on land or within improvements owned by the federal, State, county, or municipal government, “eligible assessment” means the difference between the base year value and the actual value reduced by the value of any property entitled to an exemption under Title 7 of this article as determined by the Department for the applicable taxable year in which the tax credit under this section is to be granted.

(6) “Qualified property” means real property that is:

(i) located in a RISE zone;

(ii) not used for residential purposes; and

(iii) used in a trade or business by a business entity that locates in the RISE zone before January 1, 2023.

(7) “RISE zone” has the meaning stated in § 5–1401 of the Economic Development Article.

(b) The governing body of a county or of a municipal corporation shall grant a tax credit under this section against the property tax imposed on the eligible assessment of qualified property.

(c) (1) Except as otherwise provided in this subsection, the appropriate governing body shall calculate the amount of the tax credit under this section equal to a percentage of the amount of property tax imposed on the eligible assessment of the qualified property as follows:

(i) at least 50% in the first taxable year following the calendar year in which the property initially becomes a qualified property; and

(ii) at least 10% in the second through fifth taxable years.

(2) The Department shall allocate the eligible assessment to the nonresidential part of the qualified property at the same percentage as the square footage of the nonresidential part is to the total square footage of the building.

(3) For purposes of calculating the amount of the credit allowed under this section, the amount of property tax imposed on the eligible assessment shall be calculated without reduction for any credits allowed under this title.

(4) (i) For qualified property located in an enterprise zone designated under Title 5, Subtitle 7 of the Economic Development Article, the appropriate governing body shall calculate the amount of the tax credit under this section equal to 80% of the amount of property tax imposed on the eligible assessment of the qualified property for each of the 5 taxable years following the calendar year in which the property initially becomes a qualified property.

(ii) For qualified property located in a focus area designated under § 5–706 of the Economic Development Article, the appropriate governing body shall calculate the amount of the tax credit under this section equal to 100% of the amount of property tax imposed on the eligible assessment of the qualified property for each of the 5 taxable years following the calendar year in which the property initially becomes a qualified property.

(iii) 1. If a business entity is certified as consistent with the target strategy of the RISE zone and the qualified property is located in an enterprise zone or focus area, the amount of the required reimbursement under § 9–103(h) of this subtitle may only be for the amount required for the required property tax credits under § 9–103 of this subtitle.

2. The property tax credits required under subparagraphs (i) and (ii) of this paragraph do not alter the amount of funds required to be reimbursed under § 9–103(h) of this subtitle.

(5) The governing body of a county or municipal corporation may increase, by local law, the percentage under paragraph (1) of this subsection.

(6) (i) If a RISE zone is renewed as provided under § 5–1404 of the Economic Development Article, the governing body of a county or municipal corporation shall calculate the amount of the tax credit under this section equal to at least 10% of the amount of property tax imposed on the eligible assessment of the qualified property for the sixth through tenth taxable years.

(ii) The governing body of a county or municipal corporation may increase, by local law, the percentage under subparagraph (i) of this paragraph.

(d) (1) Except as provided in subsection (c)(6) of this section, a tax credit under this section is available to a qualified property for no more than 5 consecutive years beginning with the taxable year following the calendar year in which the real property initially becomes a qualified property.

(2) If the designation of a RISE zone expires, the tax credit under this section continues to be available to a qualified property.

(3) State property tax imposed on real property is not affected by this section.

(e) When a Regional Institution Strategic Enterprise zone is designated by the Secretary of Commerce, the Secretary shall certify to the State Department of Assessments and Taxation:

(1) the real properties in the zone that are qualified properties for each taxable year for which the property tax credit under this section is to be granted; and

(2) the date that the real properties became qualified properties.

(f) Before property tax bills are sent, the State Department of Assessments and Taxation shall submit to the Secretary of Commerce a list containing:

(1) the location of each qualified property;

(2) the amount of the base year value for each qualified property; and

(3) the amount of the eligible assessment for each qualified property.
Md. Code, Commercial Law § 9-607 — MD Code / Article gcl / Title 9 / Subtitle 6 / Section 9-607
§9–607.
Status: in_force

(a) If so agreed, and in any event after default, a secured party:

(1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;

(2) May take any proceeds to which the secured party is entitled under § 9–315;

(3) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;

(4) If it holds a security interest in a deposit account perfected by control under § 9–104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and

(5) If it holds a security interest in a deposit account perfected by control under § 9–104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

(b) If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:

(1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and

(2) The secured party’s sworn affidavit in recordable form stating that:

(A) A default has occurred with respect to the obligation secured by the mortgage; and

(B) The secured party is entitled to enforce the mortgage nonjudicially.

(c) A secured party shall proceed in a commercially reasonable manner if the secured party:

(1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and

(2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

(d) A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.

(e) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
Md. Code, Correctional Services § 9-607 — MD Code / Article gcs / Title 9 / Subtitle 6 / Section 9-607
§9–607.
Status: in_force

At least once each year, the circuit court of each county shall charge its grand jury to:

(1) inquire into the operation and management of each State correctional facility located in the county; and

(2) present a report of all offenses and omissions of any individual in or that relate to a State correctional facility.
Md. Code, Commercial Law § 9-303 — MD Code / Article gcl / Title 9 / Subtitle 3 / Section 9-303
§9–303.
Status: in_force

(a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.

(b) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.

(c) The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
Md. Code, Human Services § 9-311 — MD Code / Article ghu / Title 9 / Subtitle 3 / Section 9-311
§9–311.
Status: in_force

Article X. Compacting States, Effective Date and Amendment.

(a) Any state is eligible to become a compacting state.

(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.

(c) The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Md. Code, Corporations and Associations § 9A-1102 — MD Code / Article gca / Title 9A / Subtitle 11 / Section 9A-1102
§9A–1102.
Status: in_force

If the Department finds that an application for registration meets the requirements of this subtitle and all required fees have been paid, it shall:

(1) Endorse on the application the date and time of its acceptance for record;

(2) Record promptly the document; and

(3) Send an acknowledgment to the person who filed the application or a representative of the person who filed the application stating the date and time that the document was accepted for record.
Md. Code, Business Occupations and Professions § 9-701 — MD Code / Article gbo / Title 9 / Subtitle 7 / Section 9-701
§9–701.
Status: in_force

This title may be cited as the “Maryland Landscape Architects Act”.
Md. Code, State Government § 9-1607 — MD Code / Article gsg / Title 9 / Subtitle 16 / Section 9-1607
§9–1607.
Status: in_force

If the Office is unable to assign an administrative law judge in response to an agency request, the Chief Administrative Law Judge shall designate in writing an individual to serve as an administrative law judge in a proceeding before the agency if:

(1) the individual meets the qualifications for an administrative law judge established by the Office under § 9-1604(a)(2) of this subtitle; and

(2) the agency that employs the individual consents to the assignment.
Md. Code, State Personnel and Pensions § 9-703 — MD Code / Article gsp / Title 9 / Subtitle 7 / Section 9-703
§9–703.
Status: in_force

The appointing authority may require an employee on work-related accident leave to be examined periodically by a physician selected or accepted by the appointing authority to determine the employee's progress and the length of time necessary for the employee's recovery.
Md. Code, State Government § 9-4015 — MD Code / Article gsg / Title 9 / Subtitle 40 / Section 9-4015
§9–4015.
Status: in_force

(a) The Unit may:

(1) review relevant laws, policies, procedures, and juvenile justice records, including records relating to individual youth;

(2) on request, conduct interviews with staff, youth, and others;

(3) review investigative reports produced by the Department relating to youth in facilities; and

(4) participate, within the context of the local department of social services’ multidisciplinary team process, in a child protective services investigation conducted under Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect within any assigned facility.

(b) (1) The Unit may subpoena any individual to appear to give sworn testimony or produce documentary evidence that is reasonably necessary to carry out the Unit’s duties.

(2) If an individual fails or refuses to comply with a subpoena issued by the Unit, a court of competent jurisdiction, on the application of the Unit, may issue an attachment for the individual and compel the individual to comply with the subpoena, and appear before the Unit and produce documentary evidence for examination and give testimony.

(3) If an individual disobeys a subpoena or refuses to testify, the court may punish the individual for contempt.
Md. Code, Agriculture § 9-201 — MD Code / Article gag / Title 9 / Subtitle 2 / Section 9-201
§9–201.
Status: in_force

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

(b) “Advertisement” means every representation, other than that on the label, relating to seed, subject to this subtitle and disseminated in any manner or by any means.

(c) “Agricultural seed” includes the seed of any grass, forage, cereal, or fiber crop and any other kind of seed commonly recognized in the State as agricultural, field, or lawn seed, and mixtures of these seeds, and noxious weed seed when the Secretary determines that the seed is being used as agricultural seed.

(d) The terms “approved”, “certified”, “registered”, “foundation”, or “breeder” or any other term conveying similar meaning when referring to any seed means seed which is produced or collected, processed and labeled in accordance with the procedures and the rules and regulations of an officially recognized certification agency.

(e) “Consumer” includes any person who purchases or otherwise obtains seed for planting purposes but not for resale.

(f) “Controlled conditions” means those minimum standards for genetic purity of seed stocks, isolation, planting ratio, detasseling, roguing, harvesting, and other factors necessary for the production of hybrid seed as established by rules and regulations adopted pursuant to the provisions of this article.

(g) “Flower seed” includes the seed of any herbaceous plant grown for its blooms, ornamental foliage, or other ornamental part and commonly known and sold under the name of flower seed in the State.

(h) “Germination” has the meaning provided by rule or regulation of the Secretary.

(i) “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by use of sterile lines and combining:

(1) Two, three, or four inbred lines;

(2) One inbred or a single cross with an open-pollinated variety; or

(3) Two varieties or species, except open-pollinated varieties of corn (zea mays). The second generation and any subsequent generation from any cross is not a hybrid. Any hybrid designation shall be treated as a variety name.

(j) “Inbred line” means a relatively stable and pure breeding strain resulting from at least four successive generations of controlled self-pollination or four successive generations of backcrossing in the case of male sterile lines.

(k) “Inert matter” means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.

(l) “Kind” means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, or timothy.

(m) “Labeling” includes every label and other written, printed, or graphic representation in any form, accompanying and pertaining to any seed whether in bulk or in container, and includes representation on any invoice.

(n) “Lot” means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within the recognized tolerance for the factor appearing in the labeling.

(o) “Noxious weed seed” includes prohibited noxious weed seed and restricted noxious weed seed.

(p) “Officially recognized” means recognized and designated by the laws or rules and regulations of any state, the United States, any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.

(q) “Prohibited noxious weed seed” means the seed of any perennial weed including a weed reproduced by seed and one spread by underground roots, stems, and other body parts, which when well established, are highly destructive and difficult to control in the State by ordinary good cultural practices and the seed of which is prohibited by this subtitle. Prohibited noxious weed seeds in this State means those seeds so designated by the Secretary by rule or regulation.

(r) “Pure seed” means agricultural or vegetable seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kind or kind and variety being considered, determined by methods prescribed by rules and regulations adopted pursuant to the provisions of this article.

(s) “Record” includes any information relating to the shipment involved and includes a file sample of each lot of seed.

(t) “Restricted noxious weed seed” means the seed of any weed that is very objectionable in fields, lawns, and gardens of the State, but that can be controlled by good cultural practices and the seed of which is restricted by this subtitle. Restricted noxious weed seeds in the State means those seeds so designated by the Secretary by rule or regulation.

(u) “Retail seedsman” includes any person who sells, or offers, exposes or transports for sale, seeds for planting purposes to the consumer.

(v) “Seed” means seed, sprout, rhizome, shoot, bulblet, fruits and other bodies capable of regrowth.

(w) “Stop-sale” means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed of a specific lot.

(x) “Treated” means the seed has received an application of a substance or process which is designated to reduce, control, or repel certain disease organisms, insects, or other pests attacking the seed or seedling growing from it.

(y) “Tree and shrub seed” includes the seeds of woody plants and herbs, commonly known and sold as tree and shrub seeds in the State.

(z) “Variety” means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.

(aa) “Vegetable or herb seed” includes the seed, tuber, or plant of those crops grown in gardens or on truck farms and generally known and sold under the name of vegetable seed in the State.

(bb) “Weed seed” includes the seeds or bulblets of any plant generally recognized as a weed in the State, including any noxious weed seed.

(cc) “Wholesale seedsmen” includes any person who sells, or offers, exposes, or transports for sale seed for planting purposes to a retail seedsman.
Md. Code, Tax - Property § 9-401 — MD Code / Article gtp / Title 9 / Subtitle 4 / Section 9-401
§9–401.
Status: in_force

(a) In this section, “dwelling”:

(1) means a newly constructed or substantially rehabilitated dwelling in Baltimore City, that is unsold, unrented, and unoccupied; and

(2) does not include land.

(b) A property tax credit granted under this section applies only to the county property tax.

(c) The governing body of Baltimore City may grant a property tax credit not exceeding 100% against the county tax imposed on the dwelling.

(d) (1) A property tax credit under this section may not be granted:

(i) for any dwelling that is used as an office or sample home by the builder or the owner; or

(ii) for more than 3 dwellings of an owner each year.

(2) This section does not change the regular assessment procedures that are applicable in Baltimore City.

(e) The governing body of Baltimore City may provide for procedures necessary to apply for a property tax credit under this section.

(f) When the owner of a dwelling applies to the governing body of Baltimore City for a property tax credit under this section, the owner shall certify that the dwelling is unsold, unrented, and unoccupied.

(g) A recipient of a property tax credit under this section shall send immediately to the governing body of Baltimore City a notice that the dwelling has been sold, rented, or occupied.

(h) A property tax credit granted under this section is available:

(1) as long as the dwelling remains unsold, unrented, and unoccupied; and

(2) over a continuous period of time not exceeding 1 year for any dwelling.

(i) If a recipient of a property tax credit under this section fails to comply with the provisions of this section, the property tax credit under this section is forfeited immediately.
Md. Code, Human Services § 9-241 — MD Code / Article ghu / Title 9 / Subtitle 2 / Section 9-241
§9–241.
Status: in_force

(a) The Secretary shall establish programs for juvenile intake, predelinquent diversion services, community detention, investigation, probation, and aftercare services.

(b) (1) Except for predelinquent diversion services, the Secretary shall provide sufficient staff to operate the programs described in subsection (a) of this section.

(2) The staff of the Department is under the immediate direction and control of the Secretary.
Md. Code, Criminal Law § 9-307 — MD Code / Article gcr / Title 9 / Subtitle 3 / Section 9-307
§9–307.
Status: in_force

(a) A person may not destroy, alter, conceal, or remove physical evidence that the person believes may be used in a pending or future official proceeding with the intent to impair the verity or availability of the physical evidence in the official proceeding.

(b) A person may not fabricate physical evidence in order to impair the verity of the physical evidence with the intent to deceive and that the fabricated physical evidence be introduced in a pending or future official proceeding.

(c) A person may not introduce physical evidence in an official proceeding if the person knows that the evidence has been altered or fabricated with the intent to deceive in order to impair the verity of the physical evidence.

(d) 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 $5,000 or both.
Md. Code, State Government § 9-2410 — MD Code / Article gsg / Title 9 / Subtitle 24 / Section 9-2410
§9–2410.
Status: in_force

There is a State Board of Sign Language Interpreters in the Office.
Md. Code, Correctional Services § 9-305 — MD Code / Article gcs / Title 9 / Subtitle 3 / Section 9-305
§9–305.
Status: reserved

(a) This section does not apply to the transfer of an incarcerated individual that is:

(1) in accordance with a court order; and

(2) in connection with a pending judicial proceeding.

(b) Notwithstanding any other law, an incarcerated individual of a maximum or medium security correctional facility in the Division of Correction may not be transferred to a minimum security correctional facility in the Division of Correction or a local correctional facility unless the case management unit of the Division of Correction participates in, evaluates, reviews, and provides final approval for the transfer.

(c) The Commissioner of Correction shall adopt regulations necessary to carry out this section.
Md. Code, Business Occupations and Professions § 9-307 — MD Code / Article gbo / Title 9 / Subtitle 3 / Section 9-307
§9–307.
Status: in_force

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

(1) the applicant has qualified for a license; and

(2) on receipt of the license fee set by the Board, the Board will issue a license to the applicant.

(b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.
Md. Code, Public Safety § 9-205 — MD Code / Article gps / Title 9 / Subtitle 2 / Section 9-205
§9–205.
Status: in_force

(a) Except as provided in subsection (b) of this section, if there is clear evidence that an exception will not adversely affect the fire safety of a building or its occupants, the State Fire Marshal or a local authority with jurisdiction over the enforcement of fire and building codes may grant an exception to:

(1) a requirement of a State or local fire and building code if a sprinkler system is installed in a building as required by this subtitle; or

(2) the sprinkler system requirement of this subtitle if, on or before June 30, 1990:

(i) the local authority gave approval to a construction plan for a dormitory, hotel, lodging or rooming house, multifamily residential unit, or town house; and

(ii) the approved plan did not include the installation of a sprinkler system as required by this subtitle.

(b) The State Fire Marshal or a local authority may not grant an exception under this section to a smoke detector requirement.
Md. Code, Environment § 9-426 — MD Code / Article gen / Title 9 / Subtitle 4 / Section 9-426
§9–426.
Status: in_force

To receive financial assistance from the Fund, the project must be included in the county water and sewer plan approved by the county governing body and the Maryland Department of the Environment.
Md. Code, Criminal Law § 9-608 — MD Code / Article gcr / Title 9 / Subtitle 6 / Section 9-608
§9–608.
Status: in_force

(a) A person may not intentionally activate a signal for a nonemergency situation.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
Md. Code, Agriculture § 9-210 — MD Code / Article gag / Title 9 / Subtitle 2 / Section 9-210
§9–210.
Status: in_force

(a) No person may sell, offer or expose for sale, or transport any agricultural, vegetable, herb, flower, tree, or shrub seed in the State:

(1) Unless the test to determine the percentage of germination required by §§ 9–207, 9–208, and 9–209 of this subtitle is completed within 9 months, or 15 months for cool season lawn and turf grass seed as determined by the Secretary, exclusive of the month in which the test is completed, immediately prior to sale, exposure or offer for sale, or transportation;

(2) Not labeled in accordance with the provisions of this subtitle, or having a false or misleading labeling;

(3) Pertaining to which there has been a false or misleading advertisement;

(4) Containing prohibited noxious weed seeds;

(5) Containing restricted noxious weed seeds in excess of the number prescribed by rules and regulations adopted under this subtitle;

(6) Containing more than 2.50 percent by weight of all weed seeds; and

(7) Represented to be “approved seed”, “certified seed”, “registered seed”, “foundation seed”, or “breeder seed”, unless it is produced and labeled in accordance with the procedures and in compliance with rules and regulations of an officially recognized seed certification agency.

(b) No person in the State may:

(1) Detach, alter, deface, or destroy any label provided for in this subtitle or the rules and regulations adopted under it;

(2) Alter or substitute seed in a manner that may defeat the purpose of this subtitle;

(3) Disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, flower, tree, or shrub seeds in any manner or by any means;

(4) Fail to comply with a “stop–sale” order to move, otherwise handle, or dispose of any lot of seed, under a “stop–sale” order, or any tag attached to it, except with written permission of the enforcing officer, and for the purpose specified by him; and

(5) Use the word “trace” or “type” as a substitute for any statement which is required by law.
Md. Code, Financial Institutions § 9-1003 — MD Code / Article gfi / Title 9 / Subtitle 10 / Section 9-1003
§9–1003.
Status: reserved

(a) (1) An out-of-state savings and loan holding company not having a Maryland association subsidiary is authorized to acquire a Maryland association, a Maryland savings and loan holding company, an interstate association, or an out-of-state savings and loan holding company having a Maryland association subsidiary, if the out-of-state savings and loan holding company and entity being acquired:

(i) Comply with all applicable provisions of § 9-216 of this title;

(ii) Comply with all applicable provisions of Title 3, Subtitle 6 of the Corporations and Associations Article;

(iii) File an application for approval with the Division Director containing information the Division Director may by regulation require;

(iv) Submit with the application:

1. The designation of a resident of this State as the applicant’s agent for the service of any paper, notice, or legal process on the applicant in connection with matters arising out of this subtitle; and

2. A filing fee of $5,000; and

(v) Receive approval of the acquisition from the Division Director.

(2) The Division Director may not grant approval of an acquisition under this subsection unless the Division Director shall find:

(i) The laws of the jurisdiction where the out-of-state savings and loan holding company has its principal place of business permit Maryland savings and loan holding companies to acquire savings and loan associations and savings and loan holding companies in that jurisdiction;

(ii) The laws of the jurisdiction where the out-of-state savings and loan holding company has its principal place of business permit the out-of-state savings and loan holding company to be acquired by the Maryland association, Maryland savings and loan holding company, or interstate association sought to be acquired;

(iii) The out-of-state savings and loan holding company seeks to acquire:

1. A Maryland association that has been in existence and continuously operated for more than 4 years;

2. An interstate association that has deposit-taking offices which have been continuously operated in Maryland for more than 4 years; or

3. A Maryland savings and loan holding company or an out-of-state savings and loan holding company in which:

A. All Maryland association subsidiaries have been in existence and continuously operated for more than 4 years; and

B. All interstate association subsidiaries have deposit-taking offices that have been continuously operated in Maryland for more than 4 years;

(iv) The acquisition is subject to any additional conditions, restrictions, requirements, or other limitations, including without limitation any longevity requirements, that apply to the acquisition by a Maryland association or a Maryland savings and loan holding company of a savings and loan association or savings and loan holding company in the jurisdiction where the out-of-state savings and loan holding company has its principal place of business but do not apply to acquisitions by savings and loan associations, all of whose deposit-taking offices, and savings and loan holding companies all of whose savings and loan association subsidiaries, are located in that jurisdiction; and

(v) If necessary to apply the test required by subparagraph (ii) of this paragraph, a Maryland association shall be treated as if it were a Maryland savings and loan holding company.

(3) In deciding whether to approve an acquisition under subsection (a) of this section, the Division Director shall consider:

(i) The financial and managerial resources of the out-of-state savings and loan holding company;

(ii) The future prospects of the Maryland association, Maryland savings and loan holding company, interstate association, or Maryland subsidiary of an out-of-state savings and loan holding company that will be acquired;

(iii) The financial history and future prospects of the out-of-state savings and loan holding company;

(iv) Whether the acquisition may result in an undue concentration of resources or substantial reduction of competition in this State; and

(v) Initial capital investments, loan policy, investment policy, dividend policy, and the general plan of business, including the cost of services to be offered.

(4) When considering loan policy and the general plan of business under paragraph (3)(v) of this subsection, the Division Director shall:

(i) Consider specific steps that will be taken to meet the home financing needs of individuals in the community to be served, including low and moderate income residents consistent with safe and sound operation of the institution; and

(ii) Assess the record, if any, of the applicant in meeting the credit needs of the communities served in the past, including low and moderate income residents, consistent with the safe and sound operation of the institution.

(b) (1) An out-of-state savings and loan holding company having a Maryland association subsidiary, a Maryland savings and loan holding company subsidiary, or an interstate association subsidiary is authorized to acquire another Maryland association, Maryland savings and loan holding company, interstate association, or out-of-state savings and loan holding company having a Maryland association subsidiary upon approval by the Division Director.

(2) The Division Director may not grant approval of an acquisition under this subsection unless the Division Director shall find that the out-of-state savings and loan holding company seeks to acquire:

(i) A Maryland association that has been in existence and continuously operated for more than 4 years;

(ii) An interstate association that has deposit-taking offices which have been continuously operated in Maryland for more than 4 years; or

(iii) A Maryland savings and loan holding company or an out-of-state savings and loan holding company in which:

1. All Maryland association subsidiaries have been in existence and continuously operated for more than 4 years; and

2. All interstate association subsidiaries have deposit-taking offices which have been continuously operated in Maryland for more than 4 years.

(3) The approval by the Division Director shall be subject to:

(i) The laws and regulations applicable to the acquisitions of Maryland associations and Maryland savings and loan holding companies by a savings and loan holding company all of whose savings and loan association subsidiaries are located in this State; and

(ii) Any additional conditions, restrictions, requirements, or other limitations, including without limitation any longevity requirements, that apply to the acquisition by a Maryland savings and loan holding company of a savings and loan association or savings and loan holding company in the jurisdiction where the out-of-state savings and loan holding company has its principal place of business, but do not apply to acquisitions by savings and loan holding companies all of whose savings and loan association subsidiaries are located in that jurisdiction.

(c) If the acquisition has otherwise been approved under this subtitle, this section does not prohibit the acquisition by an out-of-state association or out-of-state savings and loan holding company of all or substantially all of the shares of a savings and loan association organized solely to facilitate the acquisition of a savings and loan association that has been in existence and continuously operated for more than 4 years.

(d) The period of existence of any deposit-taking institution which has merged into, consolidated with, converted into, transferred all or substantially all of its assets to, or been a party to any other form of a corporate reorganization with another savings and loan association shall be included in the period of existence and continuous operation of the successor Maryland association for purposes of satisfying the longevity requirements of this section.

(e) The Division Director may approve the acquisition of a Maryland savings and loan association or a Maryland savings and loan holding company only if all of the association subsidiaries of the out-of-state holding company which will be located in Maryland, or which will have deposit-taking offices in Maryland after the proposed acquisition takes place, will be organized under the laws of the United States.
Md. Code, Tax - Property § 9-230 — MD Code / Article gtp / Title 9 / Subtitle 2 / Section 9-230
§9–230.
Status: in_force

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

(2) “Affiliate” means a person:

(i) that directly or indirectly owns at least 80% of a business entity; or

(ii) 80% of which is owned, directly or indirectly, by a business entity.

(3) “Business entity” means a person conducting a trade or business in the State, that is subject to the State individual or corporate income tax, insurance premiums tax, financial institution franchise tax, or public service company franchise tax.

(4) “Full–time position” means a position requiring at least 840 hours of an individual’s time during at least 24 weeks in a 6–month period.

(5) “New or expanded premises” means real property, including a building or part of a building that has not been previously occupied, where a business entity or its affiliates locate to conduct business.

(6) (i) “New permanent full–time position” means a position that is:

1. A. a full–time position of indefinite duration; or

B. in Montgomery County and Washington County, a full–time position of indefinite duration or a contract position of definite duration lasting at least 12 months with an unlimited renewal option;

2. located in Maryland;

3. newly created, as a result of the establishment or expansion of a business facility in the State; and

4. filled.

(ii) “New permanent full–time position” does not include a position that is:

1. created when an employment function is shifted from an existing business facility of the business entity or its affiliates located in Maryland to another business facility of the same business entity or its affiliates, if the position does not represent a net new job in the State;

2. created through a change in ownership of a trade or business;

3. created through a consolidation, merger, or restructuring of a business entity or its affiliates, if the position does not represent a net new job in the State;

4. created when an employment function is contractually shifted from an existing business entity or its affiliates, located in the State to another business entity or its affiliates, if the position does not represent a net new job in the State; or

5. filled for a period of less than 12 months.

(7) “Notification date” means the date on which the business entity provides written notice to the county or municipal corporation as required under subsection (b)(6) of this section.

(b) (1) The Mayor and City Council of Baltimore City or the governing body of a county or of a municipal corporation may enact legislation necessary to grant either property tax credits, enhanced property tax credits, or both types of property tax credits against the county or municipal corporation property tax imposed on real property owned or leased by business entities that meet the requirements specified for the applicable tax credit under this section and on personal property owned by business entities that meet the requirements specified under this section.

(2) (i) If a property tax credit is granted under paragraph (1) of this subsection, a business entity that meets the requirements for the property tax credit under this section and obtains certification from the county or municipal corporation may claim a State tax credit against the individual or corporate income tax, insurance premiums tax, or financial institution franchise tax as provided under subsection (c)(3) of this section.

(ii) If an enhanced property tax credit is granted under this section and a business entity and its affiliates meet the requirements for the enhanced property tax credit and obtain certification from the county or municipal corporation, the business entity or any of its affiliates may claim a State tax credit against the individual or corporate income tax, insurance premiums tax, or financial institution franchise tax as provided under subsection (d)(5) of this section.

(3) A tax credit may not be granted under this section if:

(i) the business entity or any of its affiliates have moved their operations from one county in the State to the new or expanded premises in another; or

(ii) the new or expanded premises has otherwise been granted a tax credit or exemption under this article for the taxable year.

(4) To qualify for a tax credit under this section, the new or expanded premises must be located in:

(i) a priority funding area as designated in Title 5, Subtitle 7B of the State Finance and Procurement Article; or

(ii) a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.

(5) To qualify for a property tax credit under this section against property tax imposed on personal property a business entity shall certify that the personal property is located on the premises that qualify for a property tax credit or enhanced property tax credit under this section.

(6) To qualify for a tax credit under this section, before it obtains the new or expanded premises or hires employees to fill the new permanent full–time positions at the new or expanded premises, a business entity shall provide written notification to the county or municipal corporation in which the new or expanded premises are located:

(i) that it intends to claim the property tax credit or enhanced property tax credit;

(ii) if it intends to claim the enhanced property tax credit, how it expects to meet the requirements to qualify for the enhanced property tax credit; and

(iii) when it expects to obtain the new or expanded premises and hire the required number of employees in the new permanent full–time positions.

(7) If a business entity meets the requirements for a tax credit under this section, the county or municipal corporation shall certify to the Department and the Department of Commerce that the business entity has met the requirements for the tax credit for the taxable year that follows the date on which it met the requirements.

(c) (1) To qualify for a property tax credit under this subsection, a business entity shall:

(i) obtain at least 5,000 square feet of new or expanded premises by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises; and

(ii) 1. except as provided in item 2 of this subparagraph, employ at least 25 individuals in new permanent full–time positions during a 24–month period, during which period the business entity must also obtain and occupy the new or expanded premises; or

2. in a county with a population under 30,000, employ at least 10 individuals in new permanent full–time positions during a 24–month period, during which period the business entity must also obtain and occupy the new or expanded premises.

(2) If a business entity meets the requirements of paragraph (1) of this subsection and subsection (b) of this section and of applicable local law adopted under subsection (b)(1) of this section, the county or municipal corporation shall compute the amount of the property tax credit granted under this subsection for new or expanded premises and the personal property located on those premises that may be claimed against the county or municipal corporation property taxes that would otherwise be due to equal a percentage of the amount of property tax imposed on the assessment of the new or expanded premises, as follows:

(i) 52% for the 1st and 2nd taxable years;

(ii) 39% in the 3rd and 4th taxable years;

(iii) 26% in the 5th and 6th taxable years; and

(iv) 0% for each taxable year thereafter.

(3) On receipt of notification under subsection (b)(7) of this section that a business entity has been certified for a property tax credit under this subsection, the Department shall compute and certify to the Comptroller or, in the case of the insurance premiums tax, the Maryland Insurance Commissioner the amount of the State tax credit authorized under this subsection that may be claimed against the individual or corporate income tax, insurance premiums tax, or financial institution franchise tax that would otherwise be due to equal a percentage of the amount of property tax imposed on the assessment of the new or expanded premises, as follows:

(i) 28% in the 1st and 2nd taxable years;

(ii) 21% in the 3rd and 4th taxable years;

(iii) 14% in the 5th and 6th taxable years; and

(iv) 0% for each taxable year thereafter.

(d) (1) For a business entity to qualify for an enhanced property tax credit under this subsection, the business entity, along with its affiliates, shall:

(i) 1. obtain at least 250,000 square feet of new or expanded premises by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises;

2. continue to employ at least 2,500 individuals in existing permanent full–time positions paying at least 150% of the federal minimum wage and located at premises in the State where the business entity, along with its affiliates, is primarily engaged in one or more of the industries listed in paragraph (2) of this subsection; and

3. employ at least 500 individuals in new permanent full–time positions paying at least 150% of the federal minimum wage and located in the new or expanded premises, and, if applicable, in newly renovated premises adjoining or otherwise neighboring the new or expanded premises;

(ii) 1. obtain at least 250,000 square feet of new or expanded premises by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises; and

2. employ at least 1,250 individuals in new permanent full–time positions paying at least 150% of the federal minimum wage and located in the new or expanded premises and, if applicable, in newly renovated premises adjoining or otherwise neighboring the new or expanded premises; or

(iii) in Montgomery County only:

1. expend at least $150 million to obtain at least 700,000 square feet of new or expanded premises by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises; and

2. employ a total of at least 1,100 individuals in full–time positions consisting of both full–time positions of indefinite duration and contract positions of definite duration lasting at least 12 months with an unlimited renewal option, and including at least 500 individuals in new permanent full–time positions, with all positions:

A. receiving an employer provided subsidized health care benefits package;

B. paying at least 150% of the federal minimum wage; and

C. located in the new or expanded premises and, if applicable, in newly renovated premises adjoining or otherwise neighboring the new or expanded premises.

(2) For a business entity to qualify for an enhanced property tax credit under this subsection, the business entity, along with its affiliates, shall be primarily engaged in one or more of the following at the qualifying premises:

(i) manufacturing or mining;

(ii) transportation or communications;

(iii) agriculture, forestry, or fishing;

(iv) research, development, or testing;

(v) biotechnology;

(vi) computer programming, data processing, or other computer–related services;

(vii) central services as defined in § 6–101 of the Economic Development Article;

(viii) the operation of central administrative offices or a company headquarters as defined in § 6–101 of the Economic Development Article;

(ix) a public utility;

(x) warehousing; or

(xi) business services.

(3) To qualify for the enhanced property tax credit under this subsection, a business entity shall:

(i) within a 6–year period beginning on the notification date, employ individuals in the number of new permanent full–time positions required under paragraph (1) of this subsection;

(ii) during the 6–year hiring period, obtain and occupy the new or expanded premises and, if applicable, the newly renovated premises adjoining or otherwise neighboring the new or expanded premises; and

(iii) during the 6–year hiring period, comply with all other requirements for the credits described in this subsection and in any applicable local law.

(4) (i) If a business entity meets the requirements of this subsection and subsection (b) of this section and of applicable local law adopted under subsection (b)(1) of this section, for each of the first 24 taxable years after it qualifies for the credit, a property tax credit may be claimed against the county or municipal corporation property taxes that would otherwise be due.

(ii) The county or municipal corporation shall compute the amount of the property tax credit granted to equal 58.5% of the amount of property tax imposed on the increase in assessment of:

1. the new or expanded premises;

2. newly renovated real property improvements adjoining or otherwise neighboring the new or expanded premises, if the renovations are substantial, as defined in legislation enacted by the county or municipal corporation to grant the credits under this subsection; and

3. the personal property located on the premises described in items 1 and 2 of this subparagraph.

(iii) The increase in assessment shall be measured from the notification date to the applicable annual assessment date after the county or municipal corporation has certified that the business entity has qualified for the credit.

(5) On receipt of notification under subsection (b)(7) of this section that a business entity has been certified for an enhanced property tax credit under this subsection, the Department shall compute and certify to the Comptroller or, in the case of the insurance premiums tax, the Maryland Insurance Commissioner the amount of the State tax credit authorized under this subsection that may be claimed by the business entity or any of its affiliates against the individual or corporate income tax, insurance premiums tax, or financial institution franchise tax that would otherwise be due to equal 31.5% of the amount of property tax imposed on the increase in assessment of the real and personal property described in paragraph (4)(ii) of this subsection for each of the first 24 taxable years for which the credit is allowed.

(6) If a business entity or any of its affiliates claim the enhanced tax credits under this subsection for a certain premises, they may not claim the tax credits under subsection (c) of this section.

(e) The same State tax credit cannot be applied more than once against different taxes by the same taxpayer.

(f) If the State tax credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the business entity for that taxable year, a business entity or its affiliates may apply the excess as a credit for succeeding taxable years until the earlier of:

(1) the full amount of the excess is used; or

(2) the expiration of the 5th taxable year after the taxable year in which the State tax credit is claimed.

(g) The Maryland Insurance Commissioner shall adopt regulations to provide for the computation, carryover, and recapture of the State tax credit under § 6–116 of the Insurance Article.

(h) The Department shall adopt regulations to provide for the computation, carryover, and recapture of the State tax credit under § 8–217 of the Tax – General Article.

(i) The Comptroller shall adopt regulations to provide for the computation, carryover, and recapture of the State tax credit under § 10–704.8 of the Tax – General Article.

(j) The lessor of real property eligible for property tax credits under this section shall reduce by the amount of the property tax credits computed under this section the amount of taxes for which the eligible business entity is contractually liable under the lease agreement.

(k) The governing body of the county or municipal corporation shall provide, by law, for:

(1) the specific requirements for eligibility for a tax credit authorized under this section;

(2) any additional limitations on eligibility for the credit;

(3) the information to be supplied by the business entity to a county or municipal corporation and the Comptroller to verify that the business entity is not subject to subsection (l) of this section; and

(4) any other provision appropriate to implement the credit.

(l) All credits claimed under this section for a taxable year shall be recaptured if, during the 3 taxable years succeeding the taxable year in which a credit was claimed:

(1) the employment level or square footage of a business entity at the premises falls below the applicable thresholds required to qualify for the property tax credit under subsection (c) of this section; or

(2) for the enhanced property tax credit, the employment level or square footage of a business entity, together with its affiliates, at the premises falls below the applicable thresholds required to qualify for the enhanced property tax credit under subsection (d) of this section.

(m) On October 1 of each year, each county and municipal corporation that has granted tax credits under this section shall report to the Department, the Department of Commerce, and the Comptroller:

(1) the amount of each credit granted for that year; and

(2) whether the business entity is in compliance with the requirements for the tax credit.

(n) (1) After a business entity has complied with all the requirements provided in this section and in any applicable local law for a particular tax credit, the business entity shall be entitled to claim the credits for the term provided in this section.

(2) No abrogation of this law or law hereinafter enacted that eliminates or reduces the tax credits available under this section shall apply to any business entity or affiliate of a business entity that qualified for the tax credits before the effective date of such law or abrogation.
Md. Code, State Government § 9-122 — MD Code / Article gsg / Title 9 / Subtitle 1 / Section 9-122
§9–122.
Status: in_force

(a) The regulations of the Agency shall provide for winning tickets to be drawn at least once a week.

(b) (1) Except as otherwise provided in this subsection, § 10–113.1 of the Family Law Article, § 11–618 of the Criminal Procedure Article, and § 3–307 of the State Finance and Procurement Article, a prize won under this subtitle is not assignable.

(2) If the prize winner dies before the prize is paid, the prize may be paid to the estate of the prize winner.

(3) Under appropriate court order, a prize won under this subtitle may be paid to a person other than the winner.

(4) (i) The right of a person to receive payment under a prize that is paid in installments over time by the Agency may be voluntarily assigned as a whole or in part, if the assignment is made to a person designated in accordance with an order of the circuit court in the county where the headquarters of the Agency is located.

(ii) A circuit court specified under subparagraph (i) of this paragraph may hear petitions for approval of voluntary assignments.

(iii) On the filing by the assignor or the assignee in the circuit court of a petition seeking approval of a voluntary assignment, the court shall issue an order approving a voluntary assignment and directing the Agency to make prize payments as a whole or in part to the assignee if the court finds that:

1. the assignment is in writing, is executed by the assignor, and is by its terms subject to the laws of this State;

2. the assignor provides a sworn affidavit attesting that the assignor is of sound mind, is in full command of the assignor’s faculties, and is not acting under duress;

3. the assignor has been advised about the assignment by an independent attorney who is not related to and not compensated by the assignee or an affiliate of the assignee;

4. the assignor has received independent financial or tax advice concerning the effects of the assignment from an attorney or other professional who is unrelated to and is not compensated by the assignee or an affiliate of the assignee;

5. the assignor understands that the assignor will not receive the prize payments or parts of payments during the years assigned;

6. the assignor understands and agrees the Agency, Commission, and officials and employees of the Agency are not liable or responsible for making any of the assigned payments;

7. the assignee provides the assignor with a one–page disclosure statement that sets forth in bold type not less than 14 points in size the payments being assigned by amount and payment date, the purchase price, the rate of discount to present value assuming daily compounding and funding on the contract date, and any origination or closing fee that will be charged to the assignor; and

8. the contract of assignment expressly states that the assignor has 5 business days after signing the contract to cancel the assignment.

(iv) 1. Written notice of the petition and proposed assignment and any court hearing concerning the petition and proposed assignment shall be given to the Agency’s counsel at least 30 days before a court hearing.

2. The Agency need not appear in or be named as party to an action that seeks judicial approval of an assignment but may intervene as of right in the action.

3. A certified copy of a court order approving a voluntary assignment shall be given to the Agency not later than 60 days before the date on which the payment is to be made.

(v) Beginning October 1, 2006, the Agency, not later than 30 days after receiving a certified copy of a court order approving a voluntary assignment, shall send the assignor and the assignee written confirmation of:

1. the court–approved assignment; and

2. the intent of the Agency to rely on the assignment in making payments to the assignee named in the order.

(vi) A voluntary assignment may not include or cover payments or parts of payments to the extent that the payments are subject to child support payments, criminal restitution, or bankruptcy proceedings as of the date of the court order approving a voluntary assignment.

(vii) 1. The Agency, the Commission, and officials and employees of the Agency are not liable under this paragraph after payment of an assigned prize is made.

2. The assignor and assignee shall hold harmless and indemnify the Agency, the Commission, and the State and its employees and agents from all claims, suits, actions, complaints, or liabilities related to the assignment.

(viii) 1. The Agency may establish a reasonable fee to defray administrative expenses associated with assignments made under this section, including a processing fee imposed by a private annuity provider.

2. The amount of the fee shall reflect the direct and indirect costs of processing assignments.

(ix) 1. A contract of assignment in which the assignor is a lottery winner shall include a sworn affidavit in a form that the Agency provides and the assignee completes.

2. Until the Agency provides the form, an assignee may use its own form that includes the information required in subsubparagraph 3 of this subparagraph.

3. The affidavit shall include:

A. a summary of assignee contacts with the winner;

B. a summary of any complaints, lawsuits, claims, or other legal actions from lottery winners regarding conduct of the assignee or its agents;

C. a statement that the assignee is registered to do business in the State and is in good standing with the Department of Assessments and Taxation and any other licensing or regulatory unit whose approval is required in the conduct of the assignee’s business;

D. a brief business history of the assignee;

E. a description of the business of the assignee; and

F. a statement of the assignee’s privacy and nonharassment policies and express affirmation that the assignee has followed those policies in the State.

4. The affidavit shall be provided only by the assignee who enters into the contract with the lottery winner or the estate of a lottery winner.

(x) The assignee shall notify the Agency of its business location and mailing address for payment purposes and of any change in location or address during the entire course of the assignment.

(xi) An assignment may be made by a husband and wife who are co–owners of a prize only if they jointly assign the prize to an assignee.

(xii) 1. A court order or a combination of court orders under this section may not require the Agency to divide a single prize payment among more than three different persons.

2. This section does not prohibit the substitution of assignees as long as there are not more than three assignees at any one time for any one prize payment.

3. Any subsequent assignee is bound as the original assignee by the provisions of this section and the terms and conditions of the contract of assignment.

(xiii) If the Internal Revenue Service or a court of competent jurisdiction issues a determination letter, revenue ruling, or other public document declaring that the voluntary assignment of prizes will affect the federal income tax treatment of lottery prize winners who do not assign their prizes:

1. within 15 days after the Agency receives the letter, ruling, or other document, the Director of the Agency shall file a copy of it with the Attorney General; and

2. a court may not issue an order authorizing a voluntary assignment under this paragraph.

(xiv) This paragraph shall prevail over any inconsistent provision in § 9–406 of the Commercial Law Article.

(xv) A contract or agreement made or entered into on or before May 31, 2006, that purports to voluntarily assign or grant an interest in prize payments is void.

(c) The Director may establish by regulation the amount a licensed agent may pay in cash game prizes.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Financial institution” has the meaning stated in § 13–301 of the Estates and Trusts Article.

(iii) “Guardian” has the meaning stated in § 13–101 of the Estates and Trusts Article.

(iv) “Member of the minor’s family” has the meaning stated in § 13–301 of the Estates and Trusts Article.

(2) If a minor wins a prize of less than $5,000, the Director may give a draft, as provided for in rules and regulations of the Agency payable to the order of the minor, to:

(i) an adult member of the minor’s family; or

(ii) a guardian of the minor.

(3) If a minor wins $5,000 or more, the Director may deposit the prize in a financial institution to the credit of one of the following, as custodian for the minor:

(i) an adult member of the minor’s family; or

(ii) a guardian of the minor.

(4) A custodian under paragraph (3) of this subsection has the same powers and duties as a custodian under the Maryland Uniform Transfers to Minors Act.

(e) On payment of a prize in accordance with this section, the Director is discharged of all liability.

(f) (1) A prize winner shall claim a prize within 182 days after the drawing in which the prize is won.

(2) Except as provided in paragraph (3) of this subsection, the Director shall keep an unclaimed prize:

(i) for 182 days after the drawing in which the prize is won, for payment of the winner; and

(ii) then in an unclaimed prize fund for use for other prizes.

(3) For a game that the Agency designates as a bonus game or drawing and that is not a daily or weekly State lottery drawing, the period for claiming a prize may differ from the period set in paragraph (2) of this subsection.

(g) (1) Unless otherwise specifically provided by the laws of the State, and except for prizes paid for any multistate lottery game, the State and every officer, department, agency, board, commission, or other unit of State government may not raise the defense of sovereign immunity in the courts of the State in an action in contract brought by an annuitant or prize winner that is based on the liability of the State to pay an annuitant or prize winner the prize that the annuitant is entitled to receive in accordance with this subtitle and any regulations adopted under this subtitle.

(2) Notwithstanding any other provision of law, the State may raise the defense of sovereign immunity to a contract action brought by an annuitant or prize winner of any multistate lottery game, for any claim that exceeds $200,000.
Md. Code, Criminal Law § 9-417.1 — MD Code / Article gcr / Title 9 / Subtitle 4 / Section 9-417.1
§9–417.
Status: in_force

§9–417.1.

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

(2) “Aircraft” means a device that is used or intended to be used for flight in the air.

(3) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(b) A person may not deliver any contraband to a person detained or confined in a place of confinement using an unmanned aircraft.

(c) 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.

(d) A correctional facility shall post signage warning of the provisions of this section on the exterior of the property in an area visible to the general public.
Md. Code, Labor and Employment § 9-6A-14 — MD Code / Article gle / Title 9 / Subtitle 6A / Section 9-6A-14
§9–6A–14.
Status: in_force

(a) A registration expires on the date set by the Commission, unless the registration is renewed for an additional term as provided in this section. A registration may not be renewed for a term longer than 3 years.

(b) At least 1 month before a registration expires, the Commission shall send to the registrant, by first-class mail to the last known address of the registrant:

(1) a renewal application form; and

(2) a renewal notice that states:

(i) the date on which the current registration expires;

(ii) the date by which the Commission must receive the renewal application in order that the renewed registration may be issued and mailed before the current registration expires; and

(iii) the amount of the registration and renewal fee.

(c) Before a registration expires, the registrant may renew the registration for an additional 3-year term, if the registrant:

(1) is entitled under this subtitle to be registered;

(2) pays to the Commission the renewal fee set by the Commission; and

(3) provides satisfactory evidence of compliance with continuing education requirements and other qualifications and requirements specified under this subtitle for registration renewal.

(d) The Commission shall renew the registration of any registrant who meets the requirements of this section.

(e) Each registrant shall give the Commission written notice of any change of address.
Md. Code, Environment § 9-1016 — MD Code / Article gen / Title 9 / Subtitle 10 / Section 9-1016
§9–1016.
Status: in_force

Subject to the hearing provisions of § 9-1017 of this subtitle, the Secretary may reprimand or revoke or suspend the certification of any water quality laboratory that:

(1) Fraudulently or deceptively obtains or attempts to obtain a certification;

(2) Fraudulently or deceptively uses a certification;

(3) Fails to meet substantially the standards and qualifications adopted by the Department under this subtitle; or

(4) Fails to comply with the rules and regulations adopted by the Department under this subtitle.
Md. Code, State Government § 9-4118 — MD Code / Article gsg / Title 9 / Subtitle 41 / Section 9-4118
§9–4118.
Status: in_force

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

(2) “Primary procurement unit” has the meaning stated in § 11–101 of the State Finance and Procurement Article.

(3) “Small business” has the meaning stated in § 14–501 of the State Finance and Procurement Article.

(b) The Office shall consult with each primary procurement unit to identify potential contracting opportunities for and increase outreach efforts to small businesses.

(c) The Office, in consultation with primary procurement units, shall:

(1) identify and increase awareness of procurement opportunities for small businesses for services and supplies; and

(2) assist small businesses with procedures for bidding on a procurement contract or responding to a request for proposals.
Md. Code, State Government § 9-2608 — MD Code / Article gsg / Title 9 / Subtitle 26 / Section 9-2608
§9–2608.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Corporation is not required to pay taxes or assessments on its:

(1) properties;

(2) activities; or

(3) revenue derived from its properties or activities.

(b) If the Corporation sells or leases land or facilities to a private entity, the land or facilities shall be subject to real property taxes.
Md. Code, Business Occupations and Professions § 9-308 — MD Code / Article gbo / Title 9 / Subtitle 3 / Section 9-308
§9–308.
Status: in_force

(a) While a license is in effect, it authorizes the licensee to practice landscape architecture.

(b) A licensed landscape architect is not authorized to practice architecture, engineering, or land surveying.