Md. Code, Alcoholic Beverages and Cannabis § 11-1102 — MD Code / Article gab / Title 11 / Subtitle 11 / Section 11-1102
§11–1102.
Status: in_force

(a) (1) On the premises, or on adjacent property over which a license holder has ownership or control, a license holder:

(i) may allow piped–in background music or one television screen; but

(ii) unless issued a permit described in this section that authorizes the activity, may not allow:

1. the playing of music, including live music;

2. the operation of a karaoke machine;

3. the playing of music by a disc jockey; or

4. dancing, floor shows, or any other similar type of entertainment.

(2) The Board may issue a permit described in this section only if the Board finds that:

(i) the applicant can control the individuals using the licensed premises;

(ii) the operation of the premises under the permit will not unduly disturb the peace of the residents of the neighborhood in which the place of business is located; and

(iii) the issuing of the permit:

1. is necessary to accommodate the public;

2. will not be detrimental to the public welfare; and

3. will not violate a county fire, health, or building regulation.

(b) (1) There is a music permit.

(2) The Board may issue the permit to a holder of a Class B license, a Class BLX license, a Class D license, or a Class H license.

(3) The permit authorizes the playing of recorded music or live music with not more than two musicians.

(4) The permit holder may not allow dancing, floor shows, or similar live entertainment.

(5) The annual permit fee is $100.

(c) (1) There is an entertainment permit.

(2) The Board may issue the permit to a holder of a Class B license, a Class BLX license, a Class D license, or a Class H license.

(3) The permit authorizes:

(i) live music with not more than four musicians; and

(ii) the playing of:

1. more than one television;

2. a karaoke machine; and

3. music by a disc jockey.

(4) The permit holder may not allow dancing, floor shows, or similar live entertainment.

(5) The annual permit fees are:

(i) $200 for a holder of a beer and wine license; and

(ii) $300 for a holder of a beer, wine, and liquor license.

(d) (1) There is a dancing permit.

(2) The Board may issue the permit to a holder of:

(i) a Class B license;

(ii) except as provided in paragraph (4) of this subsection, a Class BLX license;

(iii) a Class C license;

(iv) a Class D license; or

(v) except as provided in paragraph (4) of this subsection, a Class H license.

(3) The permit authorizes the holder to provide music, dancing, and other legal forms of entertainment.

(4) (i) The Board may not issue the permit to a holder of a Class BLX license or a Class H license if the premises for which the Class BLX license or Class H license is issued is within 1,000 feet in a straight line from entry to entry from a place of worship or school.

(ii) Notwithstanding subparagraph (i) of this paragraph, the Board may issue the permit to the holder of a Class H license if the licensed premises is located within 1,000 feet in a straight line from entry to entry from a school located at the Annapolis Mall.

(5) The annual permit fees are:

(i) $200 for a holder of a beer and wine license;

(ii) $400 for a holder of a beer, wine, and liquor license; and

(iii) no charge for a holder of a Class C license.

(e) (1) There is a limited special event permit.

(2) The Board, in its sole discretion, may issue the permit to a holder of:

(i) a Class B license;

(ii) except as provided in paragraph (4) of this subsection, a Class BLX license;

(iii) a Class C license;

(iv) a Class D license; or

(v) except as provided in paragraph (4) of this subsection, a Class H license.

(3) The permit authorizes the holder to provide music, dancing, and other legal forms of entertainment.

(4) The Board may not issue the permit to a holder of a Class BLX license or a Class H license if the premises for which the Class BLX license or Class H license is issued is within 1,000 feet in a straight line from entry to entry from a place of worship or school.

(5) Before issuing a permit, the Board may require a license holder to provide information on the planned event for which the permit is requested .

(f) (1) There is an outdoor permit.

(2) The Board may issue the permit to a holder of a Class B license, a Class BLX license, a Class C license, a Class D license, or a Class H license.

(3) The permit authorizes the holder to provide outdoor table service to customers on the grounds of the licensed establishment.

(4) The annual permit fee is $100.

(5) Before the permit may be renewed, a holder shall obtain approval from the Board.

(g) (1) There is an outdoor entertainment permit.

(2) The Board may issue the permit to a holder of a Class B license, a Class BLX license, a Class C license, a Class D license, or a Class H license who also holds a music permit, an entertainment permit, or a dancing permit under this section.

(3) The permit authorizes the holder to provide:

(i) the same form of entertainment outdoors that the holder is allowed to provide indoors under the holder’s music permit, entertainment permit, or dancing permit; and

(ii) outdoor table service or cafe service.
Md. Code, State Personnel and Pensions § 11-205 — MD Code / Article gsp / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) For purposes of a layoff, an appointing authority shall compute the total number of seniority points for each employee subject to the layoff as follows:

(1) one point for each month of State employment;

(2) one point for each month of employment in the principal unit in which the layoff will occur;

(3) one point for each month of employment in the job series in which the layoff will occur;

(4) ten points for an eligible veteran; and

(5) two points for an eligible veteran who has a service–connected disability or is a former prisoner of war.

(b) An employee’s seniority points are the total of the points determined under subsection (a) of this section.

(c) In this section, “eligible veteran” has the meaning stated in § 7–207(c) of this article.

(d) An eligible veteran who is convicted of a crime after being discharged from or completing military service is ineligible for a credit under this section.
Md. Code, Correctional Services § 11-904 — MD Code / Article gcs / Title 11 / Subtitle 9 / Section 11-904
§11–904.
Status: in_force

(a) Except as provided in subsection (b) of this section, the chief financial officer for the county shall pay out money from each fund as approved in the county budget.

(b) The chief financial officer for Dorchester County or the managing official of the local correctional facility as designated by Dorchester County shall pay out money from the fund as approved in the county budget.
Md. Code, Financial Institutions § 11-614 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-614
§11–614.
Status: in_force

(a) If the Commissioner finds that the conduct of any other business conceals a violation or evasion of this subtitle or any rule or regulation adopted under this subtitle, or any law regulating mortgage lending or mortgage origination in the State, the Commissioner may issue a written order to a licensee to stop doing business:

(1) At any place in which the other business is conducted or solicited; or

(2) In association or conjunction with the other business.

(b) A licensee who violates an order of the Commissioner issued under this section shall be subject to the penalties provided by § 11-615 of this subtitle.

(c) The Commissioner may file a petition in the circuit court for a county seeking enforcement of an order under this section.
Md. Code, Financial Institutions § 11-519 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-519
§11–519.
Status: in_force

The Commissioner may reinstate a suspended license or issue a new license to a person whose license has been revoked if, after investigation, the Commissioner is satisfied that the conditions that were the cause for the suspension or revocation have been corrected and are unlikely to recur.
Md. Code, Financial Institutions § 11-203.2 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-203.2
§11–203.
Status: in_force

§11–203.2.

(a) (1) The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.

(2) The information and material may be shared with all state and federal regulatory officials having oversight authority over persons required to be licensed under this subtitle, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.

(b) Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or

(2) Subpoena, discovery, or admission into evidence, in any private civil litigation or administrative process, unless, with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.

(c) Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.

(d) This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a person required to be licensed under this subtitle that is included in NMLS and designated for access by the public.
Md. Code, Criminal Procedure § 11-204 — MD Code / Article gcp / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

As provided under § 3–122 of this article, the Maryland Department of Health shall notify a victim of a crime of violence or a victim or victim’s representative who has filed a notification request form under § 11–104 of this title whenever the Department receives a court order to examine a defendant to determine whether the defendant was criminally responsible for the alleged crime or is competent to stand trial.
Md. Code, Corporations and Associations § 11-401 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) Except as provided in subsection (d) of this section, a person may not transact business in this State as a broker–dealer or agent unless the person is registered under this subtitle.

(b) A person may not transact business in this State as an investment adviser or as an investment adviser representative unless:

(1) The person is registered as an investment adviser or an investment adviser representative under this subtitle;

(2) The person’s only clients in this State are investment companies as defined in the Investment Company Act of 1940, or insurance companies; or

(3) The person has no place of business in this State, and:

(i) The person’s only clients in this State are investment companies as defined in the Investment Company Act of 1940, other investment advisers, federal covered advisers, broker–dealers, banks, trust companies, savings and loan associations, insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental agencies or instrumentalities, whether acting for themselves or as trustees or fiduciaries with investment control, or other institutional investors as are designated by rule or order of the Commissioner; or

(ii) During the preceding 12–month period, the person has had no more than five clients who:

1. Are residents of the State; and

2. Are not the types of clients described in item (i) of this paragraph.

(c) A federal covered adviser may not conduct advisory business in this State unless the federal covered adviser conducts the advisory business in accordance with § 11-405(b) of this subtitle or subsection (b)(2) or (3) of this section.

(d) A person that transacts business in this State as a federal exempt broker–dealer is not required to register under subsection (a) of this section.

(e) By rule or order, the Commissioner may modify the requirements of this section or exempt any broker–dealer, investment adviser, or federal covered adviser from the requirements of this section if the Commissioner determines that:

(1) Compliance with this section is not necessary or appropriate for the protection of investors; and

(2) The exemption is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
Md. Code, Agriculture § 11-309 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-309
§11–309.
Status: in_force

(a) If any commodity or service is sold, offered, exposed, or advertised for sale by weight, measure, or count, the price may not be misrepresented or represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.

(b) If an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, every element of the fraction shall be displayed prominently and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one half the height and width of any numeral representing the whole cents.
Md. Code, Courts and Judicial Proceedings § 11-508 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-508
§11–508.
Status: in_force

(a) If the appraiser determines that the defendant’s property cannot be divided to satisfy a judgment without loss to the defendant, the sheriff shall sell the property. After the sale, the defendant is entitled to $100 from the proceeds of sale.

(b) The sheriff may not sell the property if the proceeds of sale would be less than $100.

(c) This section applies only when a single parcel of land or single item of personal property is levied on.
Md. Code, Labor and Employment § 11-809 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-809
§11–809.
Status: in_force

(a) In this section, “homeless youth” has the same meaning as provided in the federal McKinney–Vento Homeless Assistance Act.

(b) An individual is exempt from paying GED testing fees if:

(1) the individual is a homeless youth;

(2) the individual has had a consistent presence in the State for at least 1 year before the individual applies to take the GED test, as evidenced by school, employment, or other records; and

(3) the Department verifies that the individual is a homeless youth.

(c) The Department may use the following individuals to verify that an individual is a homeless youth:

(1) a homeless liaison from a local school system that the individual attended;

(2) a director or a designee of the director of a program in the State funded under the Runaway and Homeless Youth Act; or

(3) a director or a designee of the director of a program in the State funded under Title IV, Subtitle B of the McKinney–Vento Homeless Assistance Act.

(d) The Department shall adopt regulations to implement the requirements of this section.
Md. Code, Housing and Community Development § 11-102 — MD Code / Article ghs / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

There is a Maryland State Appalachian Housing Fund.
Md. Code, Tax - General § 11-601 — MD Code / Article gtg / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

§11–601. IN EFFECT

(a) A buyer who fails to pay the sales and use tax to the vendor for any purchase or use subject to the tax as required in § 11–403 of this title or who is required by regulation to file a return for a purchase or use subject to the tax shall pay the sales and use tax on that purchase or use with the return that covers the period in which the buyer makes that purchase or use.

(b) (1) A vendor who makes a sale subject to the sales and use tax shall pay the sales and use tax that the vendor collects for that sale or that the vendor assumes or absorbs for that sale with the return that covers the period in which the vendor makes that sale.

(2) A vendor who, under a direct payment permit, makes a purchase or use subject to the sales and use tax shall pay the sales and use tax for that purchase or use with the return that covers the period in which the vendor makes that purchase or use.

(3) A vendor who makes a sale subject to the sales and use tax under a prepayment authorization or through a vending machine shall pay the sales and use tax on that sale with the return that covers the period in which the vendor makes that sale.

(c) Personal liability for the sales and use tax and for the interest and penalties of the tax extends to:

(1) a buyer for tax that the buyer does not pay to:

(i) the vendor as required in § 11–403 of this title; or

(ii) the Comptroller as required by regulation; and

(2) a vendor for tax that the vendor does not:

(i) collect from the buyer as required in § 11–403 of this title; or

(ii) pay to the Comptroller as required in subsection (b) of this section.

(d) If a buyer or vendor liable for the sales and use tax and for the interest and penalties of the tax under subsection (c) of this section is a corporation or limited liability company or limited liability partnership (including a limited partnership registered as a limited liability limited partnership), personal liability for the sales and use tax and for the interest and penalties of the tax extends to:

(1) in the case of a corporation:

(i) the president, vice president, or treasurer of the corporation; and

(ii) any officer of the corporation who directly or indirectly owns more than 20% of the stock of the corporation; and

(2) in the case of a limited liability company:

(i) if the limited liability company does not have an operating agreement, all members; or

(ii) if the limited liability company has an operating agreement, those individuals who manage the business and affairs of the limited liability company; and

(3) in the case of a limited liability partnership:

(i) if the limited liability partnership does not have a written partnership agreement, all general partners; or

(ii) if the limited liability partnership has a written partnership agreement, those individuals who manage the business and affairs of the limited liability partnership.

(e) A member of a limited liability company does not manage the business and affairs of the limited liability company under subsection (d) of this section solely by doing one or more of the following:

(1) consulting with or advising the individuals who manage the business and affairs of the limited liability company;

(2) directing the management of the limited liability company in the same manner as a director of a corporation directs the management of a corporation; or

(3) voting on any matter required to be voted on by the members of the limited liability company, including, but not limited to:

(i) the approval or disapproval of amendments to the operating agreement;

(ii) the termination and winding up of the limited liability company;

(iii) the sale, exchange, lease, mortgage, pledge, or other transfer of a material portion of the assets of the limited liability company;

(iv) the incurrence of indebtedness by the limited liability company other than in the ordinary course of its business;

(v) a change in the nature of the business of the limited liability company;

(vi) the expulsion or admission of a member;

(vii) the appointment or discharge of a manager;

(viii) the merger of the limited liability company with or into any other entity; or

(ix) any matter related to the business of the limited liability company not otherwise enumerated in this section that the operating agreement states may be subject to the approval or disapproval of the members.

(f) The possession or exercise of powers other than those contained in subsection (e) of this section by a member does not necessarily constitute management by the member of the business or affairs of the limited liability company.

(g) The same rules and exceptions applicable to a member of a limited liability company set forth in subsections (e) and (f) of this section shall be applicable to individuals and members of limited liability partnerships.

§11–601. ** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) A buyer who fails to pay the sales and use tax to the vendor for any purchase or use subject to the tax as required in § 11–403 of this title or who is required by regulation to file a return for a purchase or use subject to the tax shall pay the sales and use tax on that purchase or use with the return that covers the period in which the buyer makes that purchase or use.

(b) (1) A vendor who makes a sale subject to the sales and use tax shall pay the sales and use tax that the vendor collects for that sale or that the vendor assumes or absorbs for that sale with the return that covers the period in which the vendor makes that sale.

(2) A vendor who, under a direct payment permit, makes a purchase or use subject to the sales and use tax shall pay the sales and use tax for that purchase or use with the return that covers the period in which the vendor makes that purchase or use.

(3) A vendor who makes a sale subject to the sales and use tax under a prepayment authorization or through a vending machine shall pay the sales and use tax on that sale with the return that covers the period in which the vendor makes that sale.

(c) Personal liability for the sales and use tax and for the interest and penalties of the tax extends to:

(1) a buyer for tax that the buyer does not pay to:

(i) the vendor as required in § 11–403 of this title; or

(ii) the Comptroller as required by regulation; and

(2) a vendor for tax that the vendor does not:

(i) collect from the buyer as required in § 11–403 of this title; or

(ii) pay to the Comptroller as required in subsection (b) of this section.

(d) If a buyer or vendor liable for the sales and use tax and for the interest and penalties of the tax under subsection (c) of this section is a corporation or limited liability company, including a limited worker cooperative association or a collective worker cooperative, or limited liability partnership (including a limited partnership registered as a limited liability limited partnership), personal liability for the sales and use tax and for the interest and penalties of the tax extends to:

(1) in the case of a corporation:

(i) the president, vice president, or treasurer of the corporation; and

(ii) any officer of the corporation who directly or indirectly owns more than 20% of the stock of the corporation;

(2) in the case of a limited liability company:

(i) if the limited liability company does not have an operating agreement, all members; or

(ii) if the limited liability company has an operating agreement, those individuals who manage the business and affairs of the limited liability company; and

(3) in the case of a limited liability partnership:

(i) if the limited liability partnership does not have a written partnership agreement, all general partners; or

(ii) if the limited liability partnership has a written partnership agreement, those individuals who manage the business and affairs of the limited liability partnership.

(e) A member of a limited liability company does not manage the business and affairs of the limited liability company under subsection (d) of this section solely by doing one or more of the following:

(1) consulting with or advising the individuals who manage the business and affairs of the limited liability company;

(2) directing the management of the limited liability company in the same manner as a director of a corporation directs the management of a corporation; or

(3) voting on any matter required to be voted on by the members of the limited liability company, including, but not limited to:

(i) the approval or disapproval of amendments to the operating agreement;

(ii) the termination and winding up of the limited liability company;

(iii) the sale, exchange, lease, mortgage, pledge, or other transfer of a material portion of the assets of the limited liability company;

(iv) the incurrence of indebtedness by the limited liability company other than in the ordinary course of its business;

(v) a change in the nature of the business of the limited liability company;

(vi) the expulsion or admission of a member;

(vii) the appointment or discharge of a manager;

(viii) the merger of the limited liability company with or into any other entity; or

(ix) any matter related to the business of the limited liability company not otherwise enumerated in this section that the operating agreement states may be subject to the approval or disapproval of the members.

(f) The possession or exercise of powers other than those contained in subsection (e) of this section by a member does not necessarily constitute management by the member of the business or affairs of the limited liability company.

(g) The same rules and exceptions applicable to a member of a limited liability company set forth in subsections (e) and (f) of this section shall be applicable to individuals and members of limited liability partnerships.
Md. Code, Criminal Procedure § 11-923 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-923
§11–923.
Status: in_force

(a) The General Assembly finds that an increasing number of sexual assault offense victims in the State:

(1) lack necessary counseling and follow–up services; and

(2) in some parts of the State, have only the help of extremely limited support services.

(b) The purpose of this section is to provide for sexual assault crisis programs that address the special needs of sexual assault victims.

(c) (1) The Governor’s Office of Crime Prevention and Policy shall help establish sexual assault crisis programs in the State.

(2) The programs shall be developed and located to facilitate their use by alleged victims residing in surrounding areas.

(3) The programs shall:

(i) provide specialized support services to adult and minor alleged victims of sexual assault crimes;

(ii) include a hotline and counseling service;

(iii) provide information to alleged victims of sexual assault crimes regarding:

1. criminal prosecutions of sexual assault crimes;

2. civil law remedies available to victims of sexual assault;

3. sexual assault evidence collection; and

4. victim rights; and

(iv) participate in the sexual assault response team in each county in which the program regularly provides services.

(d) The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition.

(e) The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault.

(f) (1) Money for the sexual assault crisis programs shall be as provided in the annual State budget and shall be used to supplement, but not supplant, money that the programs receive from other sources.

(2) Except as provided in paragraph (3) of this subsection, in each fiscal year the Governor shall include in the annual budget bill an appropriation of not less than $3,000,000 for the federally recognized State sexual assault coalition and sexual assault crisis programs funded under this section.

(3) In each fiscal year beginning with fiscal year 2019, the Governor shall include in the annual budget bill submitted to the General Assembly a General Fund appropriation for sexual assault crisis programs funded under this section in an amount not less than the appropriation made for the sexual assault crisis programs in the immediately preceding fiscal year, increased by not less than the percentage by which the projected total General Fund revenues for the upcoming fiscal year exceed the revised estimate of total General Fund revenues submitted by the Board of Revenue Estimates to the Governor under § 6–106(b) of the State Finance and Procurement Article.

(4) (i) If a federally recognized State sexual assault coalition and sexual assault crisis program receive a new award of funds under the federal Victims of Crime Act for a purpose for which funds are appropriated under paragraphs (2) and (3) of this subsection, the Governor may reduce the appropriation required under paragraphs (2) and (3) of this subsection by the amount received under the federal Victims of Crime Act.

(ii) The reduction authorized under this paragraph may not exceed 40% of the appropriation required under paragraphs (2) and (3) of this subsection.

(iii) The Governor may not reduce the appropriation under this paragraph if the funds received under the federal Victims of Crime Act have been awarded on or before June 1, 2017, or are awarded for continuation of services previously funded by the federal Victims of Crime Act.

(5) An appropriation made under this subsection shall be allocated as follows:

(i) at least $100,000 to the federally recognized State sexual assault coalition;

(ii) at least $100,000 to each of the sexual assault crisis programs provided for in subsection (d) of this section; and

(iii) the balance of the appropriation to be distributed to the sexual assault crisis programs provided for in subsection (d) of this section with each sexual assault crisis program receiving a proportionate share relative to the number of individuals who reside in the geographic area regularly served by the sexual assault crisis program.

(g) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall include a report on the sexual assault crisis programs in the annual report submitted by the Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Insurance § 11-232 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-232
§11–232.
Status: reserved

(a) (1) If the Commissioner finds that a person has violated a provision of this subtitle, the Commissioner may impose a civil penalty not exceeding $250 for each violation.

(2) If the Commissioner finds a violation of this subtitle to be willful, the Commissioner may impose a civil penalty not exceeding $1,000 for the violation.

(3) A penalty imposed under this subsection is in addition to any other penalty provided by law.

(b) (1) The Commissioner may suspend the license of a rating organization or certificate of authority of an insurer that fails to comply with an order of the Commissioner within the time set by the order or any extension of that time granted by the Commissioner.

(2) The Commissioner may not suspend the license of a rating organization or certificate of authority of an insurer for failure to comply with an order:

(i) until the time set for an appeal from the order has expired; or

(ii) if an appeal has been taken, until the order has been affirmed.

(3) The Commissioner may determine when the suspension of a license or certificate of authority becomes effective.

(4) The suspension shall remain in effect for the period set by the Commissioner unless the Commissioner modifies or rescinds the suspension or until the order on which the suspension is based is modified, rescinded, or reversed.

(c) (1) Before the Commissioner imposes a penalty or suspends or revokes a license or certificate of authority under this subtitle, the Commissioner shall issue a written order that states the findings of the Commissioner.

(2) The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.

(3) The Commissioner shall give written notice of the hearing at least 10 days before the hearing.

(4) The notice shall specify the alleged violation.
Md. Code, Labor and Employment § 11-1501 — MD Code / Article gle / Title 11 / Subtitle 15 / Section 11-1501
§11–1501.
Status: in_force

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

(b) “Division” means the Division of Workforce Development and Adult Learning.

(c) “Eligible employer” means a hospital or related institution as those terms are defined in § 19–301 of the Health – General Article.

(d) “Health care worker” means:

(1) a worker licensed or certified under Title 8 of the Health Occupations Article; or

(2) any other individual employed by an eligible employer who provides personal care, assistance, or treatment services directly to patients or residents in the course of the worker’s regular duties.

(e) “HBCU” includes:

(1) Bowie State University;

(2) Coppin State University;

(3) Morgan State University; and

(4) the University of Maryland Eastern Shore.

(f) “Program” means the Career Pathways for Health Care Workers Program.

(g) “Training program” means a training program provided for health care workers by an HBCU or a community college.
Md. Code, Education § 11-308 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-308
§11–308.
Status: in_force

The Commission may adopt regulations to carry out the provisions of this subtitle, including regulations that establish:

(1) Deadlines for submission of mission statements, performance accountability plans, and annual reports; and

(2) Formats and guidelines for the preparation of plans and reports.
Md. Code, Business Regulation § 11-317 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-317
§11–317.
Status: reserved

(a) Before a license or racing days may be transferred to a buyer or a lessee of a track:

(1) the Legislative Policy Committee shall have been notified at least 15 days before the transfer;

(2) the Legislative Policy Committee, if it has chosen to do so, shall have provided comment to the Commission about the transfer; and

(3) the transfer shall have been approved by the Commission.

(b) At least 30 days before the owner of a track enters into a contract to sell the track, the owner shall provide confidential notice of the contract to the governing body of the jurisdiction where the track is located.
Md. Code, Tax - General § 11-106 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) In this section, “Agreement” means the Streamlined Sales and Use Tax Agreement as adopted by the member states of the Streamlined Sales and Use Tax Project on November 12, 2002.

(b) (1) Subject to the provisions of this subsection, the State of Maryland hereby adopts the Streamlined Sales and Use Tax Agreement as adopted by the member states of the Streamlined Sales and Use Tax Project on November 12, 2002.

(2) The adoption of the Agreement by the State of Maryland as provided in this section is contingent on the enactment of legislation by the U.S. Congress consenting to the Agreement and authorizing states that are parties to the Agreement to require remote sellers to collect and remit the sales and use taxes of those states.

(3) Within 90 days after the enactment of legislation by the U.S. Congress consenting to the Agreement and authorizing states that are parties to the Agreement to require remote sellers to collect and remit the sales and use taxes of those states, the Comptroller shall prepare and submit to the Governor and, subject to § 2-1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Committee on Ways and Means proposed regulations and draft legislation that:

(i) identify and implement:

1. any changes to State statutes, regulations, or policies that need to be made in order to bring the State into compliance with the Agreement; and

2. any other changes to State laws that would not be required but that the Comptroller recommends should reasonably be made in connection with implementing the Agreement; and

(ii) for each change identified under item (i) of this paragraph:

1. estimates the impact of that change on State sales and use tax revenue; and

2. identifies and explains any fiscal or policy issues that would be associated with the change.

(c) Notwithstanding the adoption of the Agreement under this section, unless and until further legislation is enacted by the General Assembly to implement necessary changes to bring the State in compliance with the Agreement:

(1) no provision of the Agreement in whole or in part invalidates or amends any provision of the law of this State;

(2) adoption of the Agreement does not amend or modify any other provision of this title or other law of this State; and

(3) implementation of any condition of the Agreement in this State, whether adopted before, at, or after adoption of the Agreement by this State, must be by the action of this State.

(d) (1) (i) The Agreement adopted by this section binds and inures only to the benefit of this State and the other member states.

(ii) No person, other than a member state, is an intended beneficiary of the Agreement.

(iii) Any benefit to a person other than a state must be established by the law of this State and the other member states and not by the terms of the Agreement.

(2) (i) No person shall have any cause of action or defense under the Agreement or by virtue of the State’s adoption of the Agreement.

(ii) No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of this State, or any political subdivision of this State, on the ground that the action or inaction is inconsistent with the Agreement.

(3) No law of this State, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement.
Md. Code, Criminal Procedure § 11-107 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

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

(b) “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act.

(c) “Health officer” has the meaning stated in § 1–101 of the Health – General Article.

(d) “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).

(e) (1) “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.

(2) “Prohibited exposure” includes:

(i) contact that occurs on penetration, however slight, between the penis and the vulva or anus; and

(ii) contact between the mouth and the penis, vulva, or anus.

(f) (1) “Victim” means the victim of a prohibited exposure.

(2) “Victim” includes:

(i) a law enforcement officer who is exposed to HIV or hepatitis C while acting in the performance of duty;

(ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV or hepatitis C while acting in the performance of duty;

(iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and

(iv) an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination.

(g) “Victim’s representative” means:

(1) the parent of a victim who is a minor;

(2) the legal guardian of a victim; or

(3) the person authorized to give consent for the victim under § 5–605 of the Health – General Article.
Md. Code, Commercial Law § 11-509 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-509
§11–509.
Status: in_force

Except as specifically provided by § 11-505 of this subtitle with respect to combination sales and concessions, the Maryland Sales Below Cost Act does not apply to the sale of cigarettes.
Md. Code, Real Property § 11B-112.3 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-112.3
§11B–112.
Status: in_force

§11B–112.3.

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

(2) “Reserve study” means a study of the reserves required for future major repairs and replacement of the common areas of a homeowners association that:

(i) Using an itemized list, identifies each structural, mechanical, electrical, and plumbing component of the common areas and any other components that:

1. Are the responsibility of the homeowners association to repair and replace; and

2. If applicable, meet a minimum cost of repair or replacement, as determined by the governing body, that is:

A. Reasonably based on the expenses of the homeowners association; and

B. Not a minor expense that is otherwise addressed by the budget of the homeowners association;

(ii) States the estimated remaining useful life of each identified component;

(iii) States the estimated cost of repair or replacement of each identified component;

(iv) States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement; and

(v) States the quantity or size of each identified component using the appropriate measurement, such as unit amount, square footage, or cubic feet.

(3) “Updated reserve study” means, for the common areas since the prior reserve study was completed within the previous 5 years, a study that:

(i) Revises replacement cost, remaining life, and useful life estimates;

(ii) Analyzes work performed and amounts spent; and

(iii) Identifies whether any maintenance contracts are in place.

(b) (1) This section applies only to a homeowners association:

(i) That has responsibility under its declaration for maintaining and repairing common areas; and

(ii) For which the total repair or replacement costs for all components identified in subsection (a) of this section is at least $10,000.

(2) This section does not apply to a homeowners association that issues bonds for the purpose of meeting capital expenditures.

(c) (1) This subsection applies only to a homeowners association established in:

(i) Prince George’s County on or after October 1, 2020;

(ii) Montgomery County on or after October 1, 2021; or

(iii) Any county other than Prince George’s County or Montgomery County on or after October 1, 2022.

(2) The governing body of the homeowners association shall have an independent reserve study completed not more than 90 calendar days and not less than 30 calendar days before the meeting of the homeowners association required under § 11B–106.1(a) of this title.

(3) The governing body shall have an updated reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection and at least every 5 years thereafter.

(d) (1) (i) This paragraph applies only to a homeowners association established in Prince George’s County before October 1, 2020.

(ii) If the governing body of a homeowners association has had a reserve study conducted on or after October 1, 2016, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a homeowners association has not had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted on or before October 1, 2021, and an updated reserve study at least every 5 years thereafter.

(2) (i) This paragraph applies only to a homeowners association established in Montgomery County before October 1, 2021.

(ii) If the governing body of a homeowners association has had a reserve study conducted on or after October 1, 2017, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a homeowners association has not had a reserve study conducted on or after October 1, 2017, the governing body shall have a reserve study conducted on or before October 1, 2022, and an updated reserve study at least every 5 years thereafter.

(3) (i) This paragraph applies only to a homeowners association established in any county other than Prince George’s County or Montgomery County before October 1, 2022.

(ii) If the governing body of a homeowners association has had a reserve study conducted on or after October 1, 2018, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a homeowners association has not had a reserve study conducted on or after October 1, 2018, the governing body shall have a reserve study conducted on or before October 1, 2023, and an updated reserve study at least every 5 years thereafter.

(e) Each reserve study and updated reserve study required under this section shall:

(1) Be prepared by a person who:

(i) Has prepared at least 30 reserve studies within the prior 3 calendar years;

(ii) Has participated in the preparation of at least 30 reserve studies within the prior 3 calendar years while employed by a firm that prepares reserve studies;

(iii) Holds a current license from the State Board of Architects or the State Board for Professional Engineers; or

(iv) Is currently designated as a reserve specialist by the Community Association Institute or as a professional reserve analyst by the Association of Professional Reserve Analysts;

(2) Be available for inspection and copying by any lot owner;

(3) Be reviewed by the governing body of the homeowners association in connection with the preparation of the annual proposed budget; and

(4) Be summarized for submission with the annual proposed budget to the lot owners.

(f) (1) The governing body of a homeowners association shall, in consultation with a person identified under subsection (e)(1) of this section, develop a funding plan to determine how to fund the reserves necessary under this section.

(2) In developing the funding plan under this subsection, the governing body shall select one of the following methods to achieve the reserve funding under this section:

(i) The component method;

(ii) The cash flow method;

(iii) The baseline funding method;

(iv) The threshold cash flow method; or

(v) Any other funding method consistent with generally accepted accounting principles.

(3) A funding plan developed under this subsection shall prioritize adequate amounts for repair and replacement of common areas of the homeowners association that are necessary for:

(i) The health, safety, and well–being of the occupants;

(ii) Ensuring structural integrity, such as roofing replacements and maintaining structural systems;

(iii) Essential functioning, such as plumbing, sewer, heating, cooling, and electrical infrastructure; and

(iv) Any other essential or critical purpose, as determined by the governing body.

(4) Reserves may be used for purposes other than those specified in the funding plan if the funds are repaid to the reserve fund within 5 years after their use.

(5) A governing body of a homeowners association shall review progress toward compliance with the funding plan developed under this subsection at each annual meeting of the homeowners association.
Md. Code, State Finance and Procurement § 11-305 — MD Code / Article gsf / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

In any action brought under this subtitle, a court may:

(1) issue an injunction to restrain continued violation of § 11-303 of this subtitle;

(2) reinstate the employee to the same or an equivalent position held before the violation of § 11-303 of this subtitle;

(3) remove any adverse personnel record entries based on or related to the violation of § 11-303 of this subtitle;

(4) reinstate full fringe benefits and seniority rights;

(5) require compensation for lost wages, benefits, and other remuneration;

(6) award costs of litigation and reasonable attorney’s fees to the prevailing employee; and

(7) award any other appropriate damages and relief.
Md. Code, Commercial Law § 11-113 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-113
§11–113.
Status: in_force

The Attorney General may promulgate rules and regulations for the purpose of implementing and enforcing the provisions of this subtitle with respect to the persons subject to their respective jurisdictions and have the duty, and all powers necessary, to enforce any rules and regulations so promulgated.
Md. Code, Estates and Trusts § 11-109 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-109
§11–109.
Status: in_force

(a) A conviction or attainder does not work corruption of blood or forfeiture of estate.

(b) The estate of a person who commits suicide shall descend or vest like that of a person who dies a natural death.

(c) A killing of a person by casualty does not cause a forfeiture of estate.
Md. Code, Real Property § 11B-111.2 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-111.2
§11B–111.
Status: in_force

§11B–111.2.

(a) In this section, “candidate sign” means a sign on behalf of a candidate for public office or a slate of candidates for public office.

(b) Except as provided in subsection (c) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not restrict or prohibit the display of:

(1) A candidate sign; or

(2) A sign that advertises the support or defeat of any question submitted to the voters in accordance with the Election Law Article.

(c) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:

(1) In the common areas;

(2) In accordance with provisions of federal, State, and local law; or

(3) If a limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the homeowners association is located, to a time period not less than:

(i) 30 days before the primary election, general election, or vote on the proposition; and

(ii) 7 days after the primary election, general election, or vote on the proposition.
Md. Code, Business Regulation § 11-808 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-808
§11–808.
Status: in_force

(a) An employee of a receiving track is not considered an employee of the sending track because of this part.

(b) The Commission has jurisdiction over all intertrack betting and other activities at a receiving track to the same extent as when live racing is held at the track.

(c) The Commission shall adopt regulations to carry out this part.

(d) Only a licensee may operate a receiving track or a sending track.

(e) (1) A receiving track shall transmit directly to the sending track all pari-mutuel information about the money bet at the receiving track.

(2) A sending track shall incorporate this information with information on pari-mutuel betting at the sending track.

(f) Money bet in intertrack betting shall be:

(1) included in the applicable mutuel pools at the sending track; and

(2) considered as if bet at the sending track.

(g) (1) The breakage, State tax, and takeout on all intertrack betting at a receiving track shall be computed in the way normally applicable to pari-mutuel betting on a race at the sending track.

(2) The takeout shall be allocated in the same proportions that are normally applicable to racing held at the sending track, after deductions for:

(i) the State tax;

(ii) the amount to be kept by the receiving track under the simulcast agreement with the sending track; and

(iii) the cost to the sending track of the transmission.
Md. Code, Estates and Trusts § 11-102 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: reserved

(a) In this section, “usufructuary” means a person having a usufruct or right to enjoy a thing in which the person has no property interest.

(b) Subject to §§ 4–409 of this article and 11–103 of this subtitle, the common–law rule against perpetuities as now recognized in the State is preserved, but the rule does not apply to the following:

(1) A legacy or inter vivos conveyance having a value of $5,000 or less, or of any burial lot of any value, in trust or otherwise, for the purpose of providing for the perpetual care or keeping in good order and condition, or making repairs to, any lot, vault, mausoleum, or other place of sepulture belonging to any individual or several individuals in any cemetery or graveyard, the lots in which are intended for the burial of members of the family, family connections, relatives, or friends of the owners, or their successors in ownership;

(2) A legacy or inter vivos conveyance intended to transfer assets from any corporation incorporated for charitable objects, to any other charitable corporation on a contingency or future event;

(3) A trust created by an employer as part of a pension, stock bonus, disability, death benefit, profit–sharing, retirement, welfare, or other plan for the exclusive benefit of some or all of the employees of the employer or their beneficiaries, to which contributions are made by the employer or employees, or both the employer and employees, for the purpose of making distributions to or for the benefit of employees or their beneficiaries out of the income or principal or both the income and principal of the trust, or for any other purposes set out in the plan;

(4) A trust for charitable purposes, which shall include all purposes as are within the spirit or letter of the statute of 43 Elizabeth Ch. 4 (1601), commonly known as the statute of charitable uses;

(5) A trust in which the governing instrument states that the rule against perpetuities does not apply to the trust and under which the trustee, or other person to whom the power is properly granted or delegated, has the power under the governing instrument, applicable statute, or common law to sell, lease, or mortgage property for any period of time beyond the period that is required for an interest created under the governing instrument to vest, so as to be good under the rule against perpetuities;

(6) An option of a tenant to renew a lease;

(7) An option of a tenant to purchase all or part of the premises leased by the tenant that is exercisable only during the term of the lease;

(8) An option of a usufructuary to extend the scope of an easement or profit;

(9) The right of a county, a municipality, a person from whom land is acquired, or the successor–in–interest of a person from whom land is acquired, to acquire land from the State in accordance with § 8–309 of the Transportation Article;

(10) A right or privilege, including an option, warrant, pre–emptive right, right of first refusal, right of first option, right of first negotiation, call right, exchange right, or conversion right, to acquire an interest in a domestic or foreign joint venture, partnership, limited liability partnership, limited partnership, limited liability limited partnership, corporation, cooperative, limited liability company, business trust, statutory trust, or similar enterprise, whether the interest is characterized as a joint venture interest, partnership interest, limited partnership interest, membership interest, security, stock, or otherwise;

(11) A nondonative property interest as described in § 11–102.1 of this subtitle;

(12) A trust created under § 14.5–407 of this article to provide for the care of an animal alive during the lifetime of the settlor; or

(13) An affordable housing land trust agreement executed under Title 14, Subtitle 5 of the Real Property Article.
Md. Code, Health Occupations § 11-206 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) In connection with any investigation of charges under § 11-313 of this title, the Board may request the licensee to submit to an appropriate physical or mental examination by a licensed physician designated by the Board.

(b) In return for the privilege given to a licensee to practice optometry in this State, the licensee is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim or privilege as to the testimony or examination reports of the examining physician.

(c) At any disciplinary hearing before the Board, the failure or refusal of the licensee to submit to an examination under this section is prima facie evidence of the licensee’s inability to practice optometry competently, unless the Board finds that the failure or refusal is beyond the control of the licensee.

(d) The Board shall pay the costs of any examination made under this section.

(e) Notwithstanding any provisions of this section, a licensee may present evidence to the Board of mental or physical health that conflicts or is different from that presented as a result of an examination under this section.
Md. Code, Correctional Services § 11-106 — MD Code / Article gcs / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) On approving local correctional facility plans that require State financial assistance, the Secretary shall enter into a written contract with the county or counties involved setting forth the rights, powers, duties, and responsibilities of all parties.

(b) The contract may provide for the housing and rehabilitation in a local correctional facility of incarcerated individuals sentenced to State correctional facilities under conditions agreed on by all parties.

(c) The Secretary may not approve a contract unless the contract provides:

(1) for a periodic review of the facilities and rehabilitation and training programs of the local correctional facility by the Maryland Commission on Correctional Standards; and

(2) that the local correctional facility is in substantial compliance with the minimum mandatory standards described in § 8–103(a) of this article.

(d) In the absence of any contract, court order, or consent decree, incarcerated individuals sentenced to the jurisdiction of the Division of Correction may not be housed in a local correctional facility for more than 30 days while awaiting transfer to the Division of Correction.
Md. Code, Business Regulation § 11-522.1 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-522.1
§11–522.
Status: in_force

§11–522.1.

(a) (1) There is a Maryland International thoroughbred race conducted by a licensee at Laurel Park.

(2) The Maryland International is a graded stakes race run on a turf track.

(b) The purse for the Maryland International shall be funded by the Special Fund established under § 11–402 of this title.

(c) The takeout provisions of this subtitle shall apply to the Maryland International.

(d) The licensee shall pay all taxes and fees associated with the Maryland International that would otherwise be imposed for a thoroughbred race.

(e) The Maryland International shall be conducted only with the approval of the Commission.

(f) The licensee may make the Maryland Lottery and Gaming Control Agency a sponsor of the Maryland International under terms agreed on by the licensee and the Agency.
Md. Code, Criminal Procedure § 11-929 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-929
§11–929.
Status: in_force

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

(2) “Law enforcement agency” has the meaning stated in § 3–201(d) of the Public Safety Article.

(3) “Sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article.

(4) “Victim” means any person suspected to have been subjected to sexually assaultive behavior or who claims to have been subjected to sexually assaultive behavior.

(b) In an interaction with a victim, a law enforcement agency may not present to the victim a form purporting to:

(1) relieve the law enforcement agency of an obligation to the victim;

(2) preclude or define the scope of an investigation by the law enforcement agency into an act allegedly committed against the victim;

(3) prevent or limit a prosecution of an act allegedly committed against the victim; or

(4) limit a private right of action of the victim pertaining to an act allegedly committed against the victim or the victim’s interaction with the law enforcement agency.

(c) If a victim requests that the scope of an investigation be limited or that an investigation be temporarily or permanently suspended, the law enforcement agency shall:

(1) thoroughly document the request; and

(2) follow up with the victim in accordance with practices recommended by the Maryland Police Training and Standards Commission.

(d) If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief.

(e) (1) On or before January 1, 2021, each law enforcement agency in the State shall adopt a policy to enforce the provisions of this section.

(2) On or before January 15, 2021, each law enforcement agency shall provide a copy of the policy required under this subsection to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.
Md. Code, Transportation § 11-142.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-142.1
§11–142.
Status: in_force

§11–142.1.

“Organ delivery vehicle” means a vehicle that is used or maintained to transport organs on an emergency basis.
Md. Code, Economic Development § 11-202 — MD Code / Article gec / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

There is a Maryland Military Installation Council.
Md. Code, Economic Development § 11-318 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-318
§11–318.
Status: in_force

To carry out this subtitle, the Maryland Economic Development Corporation may issue bonds from time to time on behalf of the authority to finance costs of a project.
Md. Code, Transportation § 11-165 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-165
§11–165.
Status: in_force

(a) “Taxicab” means, except as provided in subsection (b) of this section, a motor vehicle for hire that:

(1) Is designed to carry seven or fewer individuals, including the driver; and

(2) Is used to accept or solicit passengers for transportation for hire between those points along highways in this State as the passengers request.

(b) “Taxicab” does not include a motor vehicle operated on regular schedules and between fixed termini with the approval of the Public Service Commission.
Md. Code, Correctional Services § 11-803 — MD Code / Article gcs / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

(a) The managing official of a local correctional facility or the managing official’s designee may issue a retake warrant for the apprehension and return of an escapee.

(b) If a managing official or managing official’s designee issues a retake warrant under subsection (a) of this section, the managing official or designee shall forward a copy of the retake warrant to the State’s Attorney for the county in which the escape occurred.

(c) A sheriff or police officer who is authorized to serve criminal process and to whom a warrant issued under this section is delivered shall execute the warrant in accordance with the directions in the warrant.

(d) A sheriff or police officer who makes an arrest under this section shall promptly notify the managing official, or managing official’s designee, who issued the warrant of the arrest.
Md. Code, Corporations and Associations § 11-307 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

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

(2) “Eligible adult” means an individual who resides in the State and is:

(i) At least 65 years old; or

(ii) A vulnerable adult.

(3) “Financial exploitation” means:

(i) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or

(ii) An act or omission by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:

1. Obtain control, through deception, intimidation, or undue influence, over the eligible adult’s money, assets, or property in order to deprive the eligible adult of the ownership, use, benefit, or possession of the money, assets, or property; or

2. Convert money, assets, or property of the eligible adult in order to deprive the eligible adult of the ownership, use, benefit, or possession of the money, assets, or property.

(4) “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.

(5) “Local department” has the meaning stated in § 14–101 of the Family Law Article.

(6) “Qualified individual” means an agent, an investment adviser representative, or a person who serves in a supervisory, compliance, or legal capacity for a broker–dealer or an investment adviser.

(7) “Vulnerable adult” has the meaning stated in § 14–101 of the Family Law Article.

(b) (1) A broker–dealer, an investment adviser, or a qualified individual that reasonably believes that an eligible adult has been, is currently, or will be the subject of financial exploitation or attempted financial exploitation:

(i) Shall notify:

1. The Commissioner; and

2. A local department under § 14–302 of the Family Law Article; and

(ii) May notify a third party designated by the eligible adult and any other third party permitted under State or federal laws or regulations, or the rules of a self–regulatory organization, if the third party is not suspected of financial exploitation, abuse, neglect, or other exploitation of the eligible adult.

(2) The notice required under paragraph (1)(i) of this subsection shall be given:

(i) Within 5 days after the broker–dealer, investment adviser, or qualified individual develops the reasonable belief that the eligible adult has been, is currently, or will be the subject of financial exploitation or attempted financial exploitation; or

(ii) Immediately on confirmation that the eligible adult has been, is currently, or will be the subject of financial exploitation or attempted financial exploitation if the confirmation is made before the 5–day period specified in item (i) of this paragraph expires.

(3) This subsection may not be construed to require more than one notification under paragraph (1)(i) of this subsection for each occurrence.

(c) (1) A broker–dealer or an investment adviser may delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if:

(i) The broker–dealer, the investment adviser, or a qualified individual reasonably believes, after initiating an internal review of the requested disbursement and any suspected financial exploitation, that the requested disbursement may result in the financial exploitation of an eligible adult; and

(ii) The broker–dealer, the investment adviser, or a qualified individual:

1. Within 2 business days after the requested disbursement:

A. Subject to paragraph (2) of this subsection, provides written notice of the reason for the delay to all parties authorized to transact business on the account; and

B. Notifies the Commissioner and the local department under § 14–302 of the Family Law Article; and

2. Continues an internal review of the suspected financial exploitation of the eligible adult.

(2) The broker–dealer, investment adviser, or qualified individual:

(i) May not provide the written notice required under paragraph (1) of this subsection to a party the broker–dealer, investment adviser, or qualified individual reasonably believes or suspects is engaging in or attempting to engage in the financial exploitation of the eligible adult; and

(ii) Shall provide, on request, a status report of the internal review required under paragraph (1) of this subsection to the Commissioner and the local department.

(d) (1) A delay of a disbursement authorized under this section shall expire:

(i) On a determination by the broker–dealer or investment adviser that the disbursement will not result in the financial exploitation of the eligible adult; or

(ii) Subject to paragraph (2) of this subsection, 15 business days after the date of the disbursement request.

(2) (i) The Commissioner or the local department may request the delay of a disbursement for up to 25 business days after the date of the disbursement request.

(ii) If a request is made under this paragraph, the delay shall continue for 25 business days after the date of the disbursement request unless the Commissioner, the local department, or a court of competent jurisdiction enters an order that terminates or extends the delay.

(e) (1) A broker–dealer, an investment adviser, or a qualified individual that in good faith and exercising reasonable care provides notice under subsection (b) of this section shall have immunity from any administrative or civil liability that might otherwise arise from the notice.

(2) A broker–dealer or an investment adviser that in good faith and exercising reasonable care delays a disbursement under subsection (c) of this section shall have immunity from any administrative or civil liability that might otherwise arise from the delay.

(f) (1) A broker–dealer or an investment adviser shall provide access to or copies of records that are relevant to the suspected financial exploitation of an eligible adult:

(i) As part of the referral to the Commissioner and a local department under subsection (c) of this section; or

(ii) At the request of the Commissioner, a local department, or a law enforcement agency.

(2) The records under paragraph (1) of this subsection may include historical records and records that relate to the most recent transactions that may demonstrate the financial exploitation of an eligible adult.

(3) A record made available under this subsection is not a public record under Title 4 of the General Provisions Article.

(4) This subsection may not be interpreted to limit the authority of the Commissioner to access or examine the books or records of a broker–dealer or an investment adviser.
Md. Code, Agriculture § 11-204.2 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-204.2
§11–204.
Status: in_force

§11–204.2.

(a) Except as provided in subsection (b) of this section, unless registered with the Secretary under § 11-204.3 or § 11-204.4 of this subtitle, a weight and measure may not be used or possessed for current use for:

(1) Buying or selling any commodity or object;

(2) Hire or award;

(3) Computing any charge or payment for services rendered on the basis of weight and measurement; or

(4) Determining any weight and measure for a charge.

(b) This section does not apply to counting scales.
Md. Code, Election Law § 11-401 — MD Code / Article gel / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) (1) After each election, each board of canvassers shall transmit one certified copy of the election results in its county, attested by the signatures of the chairperson and secretary of the board of canvassers, to:

(i) the Governor;

(ii) the State Board; and

(iii) the clerk of the circuit court for the appropriate county.

(2) The statement may be mailed or delivered in person.

(b) After each general election in which votes have been cast for a write–in candidate, each board of canvassers shall transmit a statement of returns of the votes cast for write–in candidates who have filed a certificate of candidacy.

(c) (1) The transmittal shall be made on the second Friday after a primary or general election or, if the canvass is completed after that date, within 48 hours after the completion of the canvass.

(2) (i) Except as specified in subparagraph (ii) of this paragraph, after a special primary or special general election, the transmittal shall be made as soon as possible, but no later than the second Friday after the election.

(ii) After a special primary or special general election that is held at the same time as a primary or general election, the transmittal shall be made in accordance with paragraph (1) of this subsection.

(d) The clerk of the circuit court shall record the election results filed with the court under this section.
Md. Code, Courts and Judicial Proceedings § 11-603 — MD Code / Article gcj / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a garnishment against property held jointly by husband and wife, in a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is not valid unless both owners of the property are judgment debtors.

(2) Paragraph (1) of this subsection does not apply unless the property is held in an account that was established as a joint account prior to the date of entry of judgment giving rise to the garnishment.

(b) (1) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, by one person in trust for that person and another person or persons, is not valid unless all of the persons are judgment debtors.

(2) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, by one or more persons in trust for another person or persons, is not valid unless all of the persons are judgment debtors.

(3) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, to be payable on the death of one or more persons to another person or persons, is not valid unless all of the persons are judgment debtors.

(c) (1) Notwithstanding subsections (a) and (b) of this section and regardless of the relationship between or among the persons, if property held in an account in the name of 2 or more persons at a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is garnished, and fewer than all of the persons named on the account are the judgment debtors, the garnishee may answer the writ of garnishment by stating:

(i) That the property is held in an account at the garnishee in the name of 2 or more persons, 1 or more of whom but fewer than all of whom, are judgment debtors; and

(ii) The amount held in the account at the time the writ of garnishment was served on the garnishee.

(2) If the garnishee answers as described in paragraph (1) of this subsection, the garnishee shall hold the lesser of the amount of the judgment or the amount in the account subject to an entry of a court order releasing the property held by the garnishee or a final judgment in the garnishment proceeding.

(3) If the garnishee answers and holds property as provided under paragraphs (1) and (2) of this subsection, the garnishee may not be held liable to the judgment creditor or to any person named on the account for wrongful dishonor or for any other claim relating to the garnishment.
Md. Code, Agriculture § 11-409 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-409
§11–409.
Status: in_force

(a) Samples that may be used as a basis for payment shall be taken, maintained and tested in the manner and within the period of time specified by the Secretary.

(b) A person may not alter a sample so that its test results will indicate lower or higher than the actual test results of the milk or other fluid dairy product from which it is taken.
Md. Code, Election Law § 11-501 — MD Code / Article gel / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

(a) Following each special primary election to fill a vacancy in the office of Representative in Congress, the State Board shall:

(1) convene within 2 days after the certified official election results are received from the local boards;

(2) if a majority of the members of the State Board is not present, adjourn for not more than 1 day;

(3) within 1 day after convening, review the certified copies of the statements made by the boards of canvassers and determine which candidates, by the greatest number of votes, have been nominated to each office and which questions have received a sufficient number of votes to be adopted or approved;

(4) if the State Board determines, based on clear and convincing evidence, that a statement by a board of canvassers is inaccurate, reject the statement and ascertain the accurate election results; and

(5) prepare and certify statewide election results.

(b) (1) If the State Board determines that a statement by a board of canvassers is inaccurate and must be rejected under subsection (a)(4) of this section, the State Board shall prepare and file a distinct written statement of the reasons for the determination, including the evidence on which the determination was based, with the State Board.

(2) If a member of the State Board dissents from a determination of an election result or reasonably believes that the conduct of a State Board member or State Board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the State Board a distinct written statement of the reasons for the dissent or concern.

(3) The State Board shall maintain a file of the written statements submitted under this subsection by members of the State Board.
Md. Code, Alcoholic Beverages and Cannabis § 11-101 — MD Code / Article gab / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Anne Arundel County.

(c) “County” means Anne Arundel County.

(d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.

(e) “Taxpayer” means an individual who:

(1) owns real property in the county in the individual’s own name, individually or jointly with others; and

(2) pays real property taxes to the county.
Md. Code, Business Regulation § 11-514 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-514
§11–514.
Status: in_force

(a) Except as provided in subsection (b) of this section, a licensee shall deduct from the handle:

(1) all the breakage;

(2) not more than 18% from each regular mutuel pool;

(3) not more than 21% from each multiple mutuel pool on 2 horses; and

(4) not more than 25.75% from each multiple mutuel pool on 3 or more horses.

(b) (1) For specific wagers authorized under regulations adopted by the Commission, a licensee shall deduct from the handle:

(i) all the breakage; and

(ii) not more than 40% from each multiple mutuel pool on 3 or more horses.

(2) A licensee may offer the wagers described in this subsection only with the consent of:

(i) the Commission;

(ii) the group that represents a majority of the owners and trainers licensed in the State; and

(iii) the group that represents a majority of the breeders in the State.

(c) Money that remains after deductions are made under subsection (a) of this section shall be returned as winnings to successful bettors.

(d) (1) The amount deducted by the licensee under subsection (a) of this section shall be the sum of the allocations provided in § 11–515 of this subtitle, unless otherwise provided in a written agreement signed by the authorized representatives of:

(i) the licensee;

(ii) the group that represents a majority of the owners and trainers licensed in the State at the time the agreement is signed; and

(iii) the group that represents a majority of the breeders in the State at the time the agreement is signed.

(2) Nothing in this subsection may be construed to permit the licensee to in any way alter the mandatory takeout allocated to the Commission for the State tax.
Md. Code, State Personnel and Pensions § 11-204 — MD Code / Article gsp / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

At least 60 days before a layoff is effective, an appointing authority shall give a notice of a layoff to each employee to be affected by the layoff.
Md. Code, Commercial Law § 11-114 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-114
§11–114.
Status: in_force

This subtitle may not be deemed to supersede, restrict or otherwise limit the continuing applicability of the antitrust laws of the State of Maryland.
Md. Code, Real Property § 11A-103 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-103
§11A–103.
Status: in_force

A time-share instrument shall be recorded among the land records of every county in which any portion of the project is situated and shall contain in addition to other provisions required by this title the following:

(1) The name of the county or counties in which the project is situated;

(2) The legal description sufficient to identify the project with reasonable certainty and may include a street address;

(3) When the project contains more than 1 unit, a time-share plat containing the information required by § 11-105(b) of this article, the identification and location of each time-share unit and the common elements, and a certificate from a professional land surveyor or property line surveyor that the plat and description in the time-share instrument are correct representations of the time-share project;

(4) Identification of time periods by letter, name, number, or combination thereof;

(5) Where applicable, the method whereby additional time-shares may be created or withdrawn from the time-share plan;

(6) The portion of common expenses and any voting rights assigned to each time-share, if any, and the method for reallocation if time-shares are added to or withdrawn from the time-share plan;

(7) Any restrictions on the use, occupancy, enjoyment, alteration, or alienation of time-shares;

(8) A description of the amenities if any at the project made available for a time-share purchaser’s use and the ownership, care, and replacement thereof;

(9) The length of time the time-shares are committed to the time-share plan and the status of title of time-share units at the end of the period of time;

(10) The method of designating the insurance trustee required by § 11A-111 of this title;

(11) A description and authorization of the methods, if any, by which the time-share documents may be enforced, including the collection of time-share expenses;

(12) Specification of the events, including condemnation and damage or destruction, and the procedures by which the time-share plan may be terminated before the expiration of its full term and the consequences of such termination, including the manner in which the time-share project assets will be held and distributed among owners;

(13) Provision for the amendment of the time-share instrument; and

(14) If any of the time-shares are time-share licenses, a statement of what rights a time-share licensee will have if the license is terminated or a statement that such licensee will have no rights.
Md. Code, Real Property § 11-109.2 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-109.2
§11–109.
Status: in_force

§11–109.2.

(a) The council of unit owners shall cause to be prepared and submitted to the unit owners an annual proposed budget at least 30 days before its adoption.

(b) The annual budget shall provide for at least the following items:

(1) Income;

(2) Administration;

(3) Maintenance;

(4) Utilities;

(5) General expenses;

(6) Reserves; and

(7) Capital items.

(c) (1) Subject to paragraphs (2) and (3) of this subsection and in accordance with the funding plan under § 11–109.4(f) of this title, the reserves provided for in the annual budget under subsection (b) of this section for a residential condominium shall:

(i) Be the funding amount recommended in the most recent reserve study or updated reserve study completed under § 11–109.4 of this title; and

(ii) Be deposited in the reserve account on or before the last day of each fiscal year.

(2) Subject to paragraph (3) of this subsection, if the most recent reserve study was an initial reserve study, the governing body shall, within 5 fiscal years following the fiscal year in which the initial reserve study was completed, attain the annual reserve funding level recommended in the initial reserve study in accordance with the funding plan under § 11–109.4(f) of this title.

(3) (i) The governing body of a residential condominium may determine by a two–thirds majority vote that the condominium and the unit owners are experiencing a financial hardship that limits the ability to fund reserves that are required under paragraph (1) or (2) of this subsection.

(ii) Subject to subparagraphs (iii) through (v) of this paragraph, if a governing body makes a financial hardship determination based on the reserve funding requirements of paragraph (1) or (2) of this subsection:

1. The condominium may reasonably deviate from that reserve funding requirement; and

2. The funding level under that requirement shall be at least the funding amount necessary for the purposes specified under § 11–109.4(f)(3) of this title.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a residential condominium may not deviate from the reserve funding requirements of paragraph (1) or (2) of this subsection for a period of more than 1 fiscal year following the financial hardship determination.

2. The governing body may renew a financial hardship determination under subparagraph (i) of this paragraph by a two–thirds majority vote to extend the period that a residential condominium may deviate from the reserve funding requirement by 1 fiscal year following the renewal.

(iv) The governing body shall:

1. Make good faith efforts to resolve the financial hardship and resume funding reserves as required under paragraph (1) or (2) of this subsection;

2. Maintain detailed documentation of the good faith efforts made under item 1 of this subparagraph; and

3. Treat the documents under item 2 of this subparagraph as records available for examination and copying under § 11–116 of this title.

(v) 1. All unit owners shall be given reasonable notice in advance of a vote on an initial or a renewal of a financial hardship determination under this paragraph.

2. A vote on an initial or a renewal of a financial hardship determination under this paragraph may be taken only at a regular or special meeting of the condominium.

(4) (i) The governing body of a residential condominium shall annually review the reserves and the most recent reserve study or updated reserve study to determine whether there is adequate funding in accordance with the funding plan required under § 11–109.4(f) of this title.

(ii) The annual review under this paragraph does not require a reserve study or updated reserve study in addition to the reserve study requirements under § 11–109.4 of this title.

(d) (1) The budget shall be adopted at an open meeting of the council of unit owners or any other body to which the council of unit owners delegates responsibilities for preparing and adopting the budget.

(2) (i) The council of unit owners or other governing body of unit owners shall submit the adopted annual budget to the unit owners not more than 30 days after the meeting at which the budget was adopted.

(ii) The adopted annual budget may be submitted to each unit owner by electronic transmission, by posting on the condominium association’s home page, or by inclusion in the homeowners association’s newsletter.

(e) Any expenditure made other than those made because of conditions which, if not corrected, could reasonably result in a threat to the health or safety of the unit owners or a significant risk of damage to the condominium, that would result in an increase in an amount of assessments for the current fiscal year of the condominium in excess of 15 percent of the budgeted amount previously adopted, shall be approved by an amendment to the budget adopted at a special meeting, upon not less than 10 days written notice to the council of unit owners.

(f) The adoption of a budget shall not impair the authority of the council of unit owners to obligate the council of unit owners for expenditures for any purpose consistent with any provision of this title.

(g) The provisions of this section do not apply to a condominium that is occupied and used solely for nonresidential purposes.
Md. Code, Business Regulation § 11-633 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-633
§11–633.
Status: in_force

The offspring of a standardbred sire is eligible for the Sires Stakes Program if:

(1) the sire is registered with the United States Trotting Association and with the Advisory Committee;

(2) the sire was at stud in the State for a full breeding season; and

(3) the offspring was conceived during that breeding season.
Md. Code, Criminal Law § 11-208.1 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-208.1
§11–208.
Status: in_force

§11–208.1.

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

(2) “Child pornography” means any electronic image or visual depiction that is unlawful under § 11-207 or § 11-208 of this subtitle.

(3) “Controlled or owned”, with respect to a server or other storage device, means to be entirely owned by an interactive computer service provider or to be subject to exclusive management by an interactive computer service provider by agreement or otherwise.

(4) “Interactive computer service provider” means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of graphics, video, or images.

(b) An investigative or law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:

(1) contact the interactive computer service provider that controls or owns the server or other storage device where the item of alleged child pornography is located;

(2) inform the interactive computer service provider of the provisions of this section; and

(3) request that the interactive computer service provider voluntarily comply with this section and remove the item of alleged child pornography from its server or other storage device, if practicable, within 5 business days.

(c) (1) If the interactive computer service provider does not voluntarily remove the item of alleged child pornography within the time period established in subsection (b) of this section, the investigative or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography in accordance with Title 10, Subtitle 4 of the Courts Article.

(2) The application for a court order shall:

(i) identify the item of alleged child pornography discovered on the server or other storage device controlled or owned by an interactive computer service provider;

(ii) provide its location on the server or other storage device in the form of an Internet protocol (IP) address or uniform resource locator (URL);

(iii) state the grounds for the issuance of the order;

(iv) verify that the item of alleged child pornography resides on the server or other storage device controlled or owned by the interactive computer service provider;

(v) describe the steps taken to obtain voluntary compliance of the interactive computer service provider with this section;

(vi) inform the interactive computer service provider of its right to request a hearing on the application; and

(vii) state the name and title of the affiant.

(3) The investigative or law enforcement officer shall serve the application on the interactive computer service provider.

(4) The interactive computer service provider has the right to request a hearing before the court imposes any penalty under this section.

(d) The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:

(1) an item of child pornography resides on a server or other storage device controlled or owned by the interactive computer service provider or is accessible to persons located in the State;

(2) there is probable cause to believe that the item violates § 11-207 or § 11-208 of this subtitle;

(3) the interactive computer service provider shall remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider within 5 business days after receiving the order, if practicable;

(4) failure of the interactive computer service provider to comply with the court’s order is a violation of this section;

(5) the removal of the item on the server or other storage device controlled or owned by the interactive computer service provider may not unreasonably interfere with a request by a law enforcement agency to preserve records or other evidence;

(6) the process of removal shall be conducted in a manner that prevents the removal of images, information, or data not otherwise subject to removal under this section; and

(7) provides the interactive computer service provider notice and opportunity for a hearing before the court imposes any penalty under this section.

(e) (1) The Office of the State’s Attorney shall serve the court’s order on the interactive computer service provider.

(2) The order shall be accompanied by:

(i) the application made under subsection (c) of this section;

(ii) notification requiring the interactive computer service provider to remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider, if practicable, within 5 business days after receiving the order;

(iii) notification of the criminal penalties for failure to remove the item of child pornography;

(iv) notification of the right to appeal the court’s order; and

(v) contact information for the Office of the State’s Attorney.

(f) An interactive computer service provider who is served with a court order under subsection (e) of this section shall remove the item of child pornography that is the subject of the order within 5 business days after receiving the court order, if practicable.

(g) (1) An interactive computer service provider may petition the court for relief for cause from an order issued under subsection (d) of this section.

(2) The petition may be based on considerations of:

(i) the cost or technical feasibility of compliance with the order; or

(ii) the inability of the interactive computer service provider to comply with the order without also removing data, images, or information that are not subject to this section.

(h) (1) (i) Subject to subparagraph (ii) of this paragraph, an interactive computer service provider shall report the location of an item of child pornography to the State Police if the item of child pornography:

1. resides on a server or other storage device that is:

A. controlled or owned by the interactive computer service provider; and

B. located in the State; or

2. based on information apparent to the provider at the time of the report or discovery of an item of child pornography, pertains to a subscriber or user of the interactive computer service who resides in the State.

(ii) Subparagraph (i) of this paragraph does not apply to an interactive computer service provider if:

1. federal law expressly provides for or permits the referral of a report of an item of child pornography to a state or local law enforcement agency; and

2. the interactive computer service provider complies with the federal law.

(2) An interactive computer service provider who knowingly and willfully fails to report the information required under paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, a fine not exceeding $5,000;

(ii) for a second violation, a fine not exceeding $20,000; and

(iii) for each subsequent violation, a fine not exceeding $30,000.

(i) An interactive computer service provider who willfully violates subsection (f) of this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, a fine not exceeding $5,000;

(2) for a second violation, a fine not exceeding $20,000; and

(3) for each subsequent violation, a fine not exceeding $30,000.

(j) An interactive computer service provider who willfully violates subsection (f) or (h) of this section may be prosecuted, indicted, tried, and convicted in any county in or through which:

(1) the interactive computer service provider provides access to the Internet;

(2) any communication from the interactive computer service provider traveled; or

(3) the communication from the interactive computer service provider originated or terminated.

(k) (1) This section does not impose a duty on an interactive computer service provider actively to monitor its service or affirmatively to seek evidence of an item of child pornography on its service.

(2) This section does not apply to the interactive computer service provider’s transmission or routing of, or intermediate temporary storage or caching of, an image, information, or data that otherwise is subject to this section.

(l) An interactive computer service provider may not be held liable for any action taken in good faith to comply with this section.
Md. Code, Health - General § 11-106 — MD Code / Article ghg / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

The Compact Administrator may make or arrange for any payment necessary to discharge a financial obligation that is imposed on this State by the Interstate Compact on Mental Health or by any supplementary agreement entered into under the Compact.
Md. Code, Estates and Trusts § 11-104 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

Whenever by any form of words in any will or inter vivos conveyance, a remainder is limited, mediately or immediately, to the heirs or heirs of the body of a person to whom a life estate in the same subject matter is given, the persons who on the termination of the life estate are then the heirs or heirs of the body of the tenant for life, take as purchasers by virtue of the contingent remainder limited to them.
Md. Code, Corporations and Associations § 11-702 — MD Code / Article gca / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

(a) Whenever it appears to the Commissioner that any person is about to engage in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that the person is about to knowingly or recklessly provide substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, he may in his discretion bring an action to obtain 1 or more of the following remedies:

(1) A temporary restraining order; or

(2) A temporary or permanent injunction.

(b) Whenever it appears to the Commissioner that any person has engaged in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that a person has knowingly or recklessly provided substantial assistance, is knowingly or recklessly providing substantial assistance, or is about to knowingly or recklessly provide substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, the Commissioner may in the Commissioner’s discretion bring an action to obtain one or more of the following remedies:

(1) A temporary restraining order;

(2) A temporary or permanent injunction;

(3) A civil penalty up to a maximum amount of $5,000 for any single violation of this title;

(4) A declaratory judgment;

(5) The appointment of a receiver or conservator for the defendant or the defendant’s assets;

(6) A freeze of the defendant’s assets;

(7) Rescission;

(8) Restitution;

(9) Disgorgement;

(10) Payment of prejudgment and postjudgment interest; and

(11) Any other relief as the court deems just.

(c) An action under this section is not subject to the provisions of § 5–107 of the Courts and Judicial Proceedings Article.

(d) The Commissioner may not be required to post a bond in any action under this section.
Md. Code, Correctional Services § 11-501 — MD Code / Article gcs / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

In this subtitle, the provisions that apply to a local correctional facility also apply to the Baltimore City Detention Center.
Md. Code, Commercial Law § 11-704.1 — MD Code / Article gcl / Title 11 / Subtitle 7 / Section 11-704.1
§11–704.
Status: in_force

§11–704.1.

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

(2) (i) “Local telephone classified advertising directory” means a telephone directory that:

1. Contains classified advertisements; and

2. Is distributed free of charge to residents in the State.

(ii) “Local telephone classified advertising directory” includes a directory distributed by a person other than a telephone company.

(3) (i) “Local telephone directory” means a telephone directory that is:

1. Available free of charge to telephone subscribers in an area of the State; and

2. Does not contain classified advertisements.

(ii) “Local telephone directory” includes a directory distributed by a person other than a telephone company.

(4) “Location” means any part of the address of a person, including the street, the city, or the state.

(b) (1) This section applies only to business telephone listings and advertisements.

(2) This section does not apply to any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States or any other state bank having a branch in this State.

(c) (1) A person is in violation of § 11–703 of this subtitle if the person:

(i) Causes to be published in a local telephone classified advertising directory an advertisement that misrepresents the location of the person; or

(ii) Causes to be listed in a local telephone directory a telephone listing that misrepresents the location of the person.

(2) For purposes of this subsection, a person commits a separate violation for each edition of a local telephone directory or local telephone advertising directory in which the advertisement or telephone listing is published.
Md. Code, Alcoholic Beverages and Cannabis § 11-501 — MD Code / Article gab / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

(a) The following sections of Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–301 (“Licenses issued by Executive Director”);

(2) § 2–302 (“Class 1 beer, wine, and liquor wholesaler’s license”);

(3) § 2–303 (“Class 2 wine and liquor wholesaler’s license”);

(4) § 2–304 (“Class 3 beer and wine wholesaler’s license”);

(5) § 2–305 (“Class 4 beer wholesaler’s license”);

(6) § 2–306 (“Class 5 wine wholesaler’s license”);

(7) § 2–307 (“Class 6 limited wine wholesaler’s license”);

(8) § 2–308 (“Class 7 limited beer wholesaler’s license”);

(9) § 2–309 (“Sale and delivery of beer or wine from wholesaler’s vehicle”);

(10) § 2–310 (“Sale and delivery to retail license holder”);

(11) § 2–311 (“Additional wholesaler’s licenses”);

(12) § 2–312 (“Direct importation of alcoholic beverages”);

(13) § 2–313 (“Sale or delivery restricted to holder of license or permit”);

(14) § 2–315 (“Interaction between wholesaling entities and retailers”);

(15) § 2–316 (“Distribution of alcoholic beverages — Prohibited practices”); and

(16) § 2–317 (“Restrictive agreements between wholesalers and retailers — Prohibited”).

(b) Section 2–314 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article applies in the county, subject to § 11–504 of this subtitle.
Md. Code, Transportation § 11-171 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-171
§11–171.
Status: in_force

“Truck” means a motor vehicle, except a multipurpose passenger vehicle, that is designed, used, or maintained primarily to carry property.
Md. Code, Transportation § 11-127.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-127.1
§11–127.
Status: in_force

§11–127.1.

“Lawful status” means, with respect to the status of an applicant for an identification card, a moped operator’s permit, or a license to drive issued by the Administration, that the applicant has lawful status in accordance with regulations adopted by the Secretary of the United States Department of Homeland Security.
Md. Code, Criminal Procedure § 11-934 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-934
§11–934.
Status: in_force

(a) The purpose of this section is to provide for development, support, and continuity of victim services programs to provide trauma–informed, high–quality services for victims of crime and to stabilize funding and support for victim services programs by supplementing federal funding for victim services programs when federal Victims of Crime Act funding fluctuates.

(b) (1) The Governor’s Office of Crime Prevention and Policy shall help support programs providing services for victims of crime throughout the State.

(2) The victim services programs shall be developed and located to facilitate their use by alleged victims residing in surrounding areas.

(c) (1) The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the victim services programs.

(2) Except as provided in paragraph (3) of this subsection, the programs shall provide services to victims of crime as authorized by the federal Victims of Crime Act and related regulations.

(3) The Governor’s Office of Crime Prevention and Policy:

(i) may not require victim services programs to provide a match for State funds expended; and

(ii) shall ensure that State funds awarded under this section:

1. are administered in a unified process with federal Victims of Crime Act funds, with separate financial reporting as necessary to comply with federal and State regulations;

2. may be used as a match for federal Victims of Crime Act funds; and

3. may not be used for capital projects or capital programming of any kind.

(d) The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations regarding allocation of funding from:

(1) the federally recognized State sexual assault coalition;

(2) the federally recognized State domestic violence coalition;

(3) the State alliance of child advocacy centers;

(4) State’s Attorneys’ offices;

(5) health care providers assisting victims of crime;

(6) civil legal services organizations assisting victims of crime; and

(7) representatives of organizations providing services to survivors of child abuse, elder abuse, human trafficking, homicide, or other victims of crime.

(e) The Governor’s Office of Crime Prevention and Policy shall prioritize continuity and stability of crime victim services and equitable distribution of funding in every jurisdiction in the State.

(f) (1) Money for the victim services programs shall be as provided in the annual State budget and shall be used to supplement, but not supplant, money that the programs receive from other sources.

(2) In each fiscal year, the Governor shall include in the annual budget bill an appropriation that, together with the amount received under the federal Victims of Crime Act in the prior year, totals an aggregate $60,000,000 for the victim services programs funded under this section.

(g) On or before December 31 each year, the Executive Director of the Governor’s Office of Crime Prevention and Policy shall submit a report on all victim services programs and grantees and funds awarded under this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 11-111 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-111
§11–111.
Status: in_force

(a) If a court orders that a deed of any kind shall be executed, it may appoint a trustee to execute the deed.

(b) Until the trustee executes a deed, the decree:

(1) If passed in the county where the land lies, has the same effect as an executed deed; and

(2) If passed in another county, has the same effect as an executed deed if recorded in the county where the land lies within 6 months after the date of the decree.
Md. Code, Commercial Law § 11-810 — MD Code / Article gcl / Title 11 / Subtitle 8 / Section 11-810
§11–810.
Status: in_force

(a) After a sale of goods consigned for sale by a person in this State to a person engaged in the business of selling goods on consignment, the consignee shall transmit to the consignor within 24 hours after the sale a full account of the sale, including:

(1) The amount and price of the goods sold; and

(2) The name and address of the purchaser, including the house or business number, street, and city.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $5 for each violation, and court costs.
Md. Code, Insurance § 11-306 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

(a) The standards set forth in this section apply to the making and use of rates under this subtitle.

(b) (1) Rates may not be:

(i) excessive or inadequate, as defined under this subtitle; or

(ii) unfairly discriminatory.

(2) Except as provided in paragraph (4) of this subsection, a rate may not be held to be excessive unless:

(i) the rate is unreasonably high for the insurance provided; and

(ii) the Commissioner has issued a ruling under § 11-308(c) of this subtitle that a reasonable degree of competition does not exist in a market to which the rate is applicable.

(3) A rate may not be held to be inadequate unless:

(i) the rate is unreasonably low for the insurance provided and continued use of the rate would endanger the solvency of the insurer; or

(ii) the rate is unreasonably low for the insurance provided and the use of the rate by the insurer has had, or if continued will have, the effect of destroying competition or of creating monopoly.

(4) For personal lines property insurance and casualty insurance, the Commissioner may hold a statewide rate or a rate in a particular jurisdiction or geographic territory to be excessive without determining whether a reasonable degree of competition exists under § 11-308(c) of this subtitle if the Commissioner determines that the rate:

(i) is unreasonably high for the insurance provided; and

(ii) is not actuarially justified based on commonly accepted actuarial principles.

(5) If the Commissioner determines that a rate is excessive under paragraph (4) of this subsection and disapproves the rate, the disapproval is subject to § 11-308(c)(4), (d), and (e) of this subtitle.

(c) In determining whether rates comply with the standards set forth in subsection (b) of this section, due consideration shall be given to:

(1) past and prospective loss experience within and outside the State;

(2) conflagration or catastrophe hazards;

(3) a reasonable margin for underwriting profit and contingencies;

(4) dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;

(5) past and prospective expenses, both countrywide and those specially applicable to the State;

(6) investment income earned or realized by insurers both from their unearned premium and from their loss reserve funds; and

(7) all relevant factors within and outside the State.

(d) The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group of insurers with respect to a kind of insurance, or with respect to a subdivision or combination of insurance for which separate expense provisions are applicable.

(e) (1) Risks may be grouped by classifications for the establishment of rates and minimum premiums.

(2) Classification rates may be modified to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in hazards or expense provisions, or both.

(3) The standards may measure any difference among risks that have had a direct and substantial effect on losses or expenses.

(4) Notwithstanding any other provision of this subsection, a rate may not be based wholly or partly on geographic area itself, as opposed to underlying risk considerations, even though expressed in geographic terms.
Md. Code, Criminal Procedure § 11-817 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-817
§11–817.
Status: in_force

Acceptance of an award made under this subtitle subrogates the State, to the extent of the award, to any right or right of action of the claimant or the victim to recover payments on account of losses resulting from the crime or delinquent act with respect to which the award is made, including the right to recover restitution ordered under § 11-603 of this title.
Md. Code, Insurance § 11-205 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) All rates shall be made in accordance with the principles set forth in this section.

(b) Uniformity among insurers in matters within the scope of this subtitle is neither required nor prohibited.

(c) Due consideration shall be given to:

(1) past and prospective loss experience within and outside the State;

(2) conflagration and catastrophe hazards, if any;

(3) past and prospective expenses, both countrywide and those specially applicable to the State;

(4) underwriting profits;

(5) contingencies;

(6) investment income from unearned premium reserve and reserve for losses;

(7) dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to policyholders; and

(8) all other relevant factors within and outside the State.

(d) Rates may not be excessive, inadequate, or unfairly discriminatory.

(e) The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group with respect to a kind of insurance, or with respect to a subdivision or combination of kinds of insurance for which separate expense provisions are applicable.

(f) (1) Risks may be grouped by classifications for the establishment of rates and minimum premiums.

(2) Classification rates may be modified to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in hazards or expense provisions, or both.

(3) The standards may measure any difference among risks that are demonstrated objectively to the Commissioner to have had a direct and substantial effect on losses or expenses.

(4) Notwithstanding any other provision of this subsection, a rate may not be based wholly or partly on geographic area itself, as opposed to underlying risk considerations, even though expressed in geographic terms.

(g) For fire insurance rates, consideration shall be given to experience during a period of not less than the most recent 5-year period for which experience is available.
Md. Code, Criminal Procedure § 11-818 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-818
§11–818.
Status: in_force

(a) A person may not assert a false claim under this subtitle.

(b) A person who violates this section:

(1) is guilty of a misdemeanor and on conviction is subject to a fine not less than $500; and

(2) shall forfeit any benefit received and reimburse the State for payments received or paid on the person’s behalf under this subtitle.
Md. Code, Real Property § 11B-105 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-105
§11B–105.
Status: reserved

(a) A contract for the initial sale of a lot in a development containing more than 12 lots to a member of the public who intends to occupy or rent the lot for residential purposes is not enforceable by the vendor unless:

(1) The purchaser is given, at or before the time a contract is entered into between the vendor and the purchaser, or within 7 calendar days of entering into the contract, the disclosures set forth in subsection (b) of this section;

(2) The purchaser is given notice of any changes in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist or any other substantial and material amendment to the disclosures after the same becomes known to the vendor; and

(3) The contract of sale contains a notice in conspicuous type, which shall include bold and underscored type, in a form substantially the same as the following:

“This sale is subject to the requirements of the Maryland Homeowners Association Act (the “Act”). The Act requires that the seller disclose to you at or before the time the contract is entered into, or within 7 calendar days of entering into the contract, certain information concerning the development in which the lot you are purchasing is located. The content of the information to be disclosed is set forth in § 11B-105(b) of the Act (the “MHAA information”) as follows:

(The notice shall include at this point the text of § 11B-105(b) in its entirety).

If you have not received all of the MHAA information 5 calendar days or more before entering into the contract, you have 5 calendar days to cancel this contract after receiving all of the MHAA information. You must cancel the contract in writing, but you do not have to state a reason. The seller must also provide you with notice of any changes in mandatory fees exceeding 10% of the amount previously stated to exist and copies of any other substantial and material amendment to the information provided to you. You have 3 calendar days to cancel this contract after receiving notice of any changes in mandatory fees, or copies of any other substantial and material amendment to the MHAA information which adversely affects you. If you do cancel the contract you will be entitled to a refund of any deposit you made on account of the contract. However, unless you return the MHAA information to the seller when you cancel the contract, the seller may keep out of your deposit the cost of reproducing the MHAA information, or $100, whichever amount is less.

By purchasing a lot within this development, you will automatically be subject to various rights, responsibilities, and obligations, including the obligation to pay certain assessments to the homeowners association within the development. The lot you are purchasing may have restrictions on:

(1) Architectural changes, design, color, landscaping, or appearance;

(2) Occupancy density;

(3) Kind, number, or use of vehicles;

(4) Renting, leasing, mortgaging, or conveying property;

(5) Commercial activity; or

(6) Other matters.

You should review the MHAA information carefully to ascertain your rights, responsibilities, and obligations within the development.”

(b) The vendor shall provide the purchaser the following information in writing:

(1) (i) The name, principal address, and telephone number of the vendor and of the declarant, if the declarant is not the vendor; or

(ii) If the vendor is a corporation or partnership, the names and addresses of the principal officers of the corporation, or general partners of the partnership;

(2) (i) The name, if any, of the homeowners association; and

(ii) If incorporated, the state in which the homeowners association is incorporated and the name of the Maryland resident agent;

(3) A description of:

(i) The location and size of the development, including the minimum and maximum number of lots currently planned or permitted, if applicable, which may be contained within the development; and

(ii) Any property owned by the declarant or the vendor contiguous to the development which is to be dedicated to public use;

(4) If the development is or will be within or a part of another development, a general description of the other development;

(5) If the declarant has reserved in the declaration the right to annex additional property to the development, a description of the size and location of the additional property and the approximate number of lots currently planned to be contained in the development, as well as any time limits within which the declarant may annex such property;

(6) A copy of:

(i) The articles of incorporation, the declaration, and all recorded covenants and restrictions of the primary development and of other related developments to the extent reasonably available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner and the owner’s tenants, if applicable; and

(ii) The bylaws and rules of the primary development and of other related developments to the extent reasonably available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner and the owner’s tenants, if applicable;

(7) A description or statement of any property which is currently planned to be owned, leased, or maintained by the homeowners association;

(8) A copy of the estimated proposed or actual annual budget for the homeowners association for the current fiscal year, including a description of the replacement reserves for common area improvements, if any, and a copy of the current projected budget for the homeowners association based upon the development fully expanded in accordance with expansion rights contained in the declaration;

(9) A statement of current or anticipated mandatory fees or assessments to be paid by owners of lots within the development for the use, maintenance, and operation of common areas and for other purposes related to the homeowners association and whether the declarant or vendor will be obligated to pay the fees in whole or in part;

(10) (i) A brief description of zoning and other land use requirements affecting the development; or

(ii) A written disclosure of where the information is available for inspection;

(11) A statement regarding:

(i) When mandatory homeowners association fees or assessments will first be levied against owners of lots;

(ii) The procedure for increasing or decreasing such fees or assessments;

(iii) How fees or assessments and delinquent charges will be collected;

(iv) Whether unpaid fees or assessments are a personal obligation of owners of lots;

(v) Whether unpaid fees or assessments bear interest and if so, the rate of interest;

(vi) Whether unpaid fees or assessments may be enforced by imposing a lien on a lot under the terms of the Maryland Contract Lien Act; and

(vii) Whether lot owners will be assessed late charges or attorneys’ fees for collecting unpaid fees or assessments and any other consequences for the nonpayment of the fees or assessments;

(12) If any sums of money are to be collected at settlement for contribution to the homeowners association other than prorated fees or assessments, a statement of the amount to be collected and the intended use of such funds; and

(13) A description of special rights or exemptions reserved by or for the benefit of the declarant or the vendor, including:

(i) The right to conduct construction activities within the development;

(ii) The right to pay a reduced homeowners association fee or assessment; and

(iii) Exemptions from use restrictions or architectural control provisions contained in the declaration or provisions by which the declarant or the vendor intends to maintain control over the homeowners association.

(c) Except as provided in subsection (d) of this section, the requirements of subsection (b) of this section shall be deemed to have been fulfilled if the information required to be disclosed is provided to the purchaser in writing in a clear and concise manner. The disclosure may be summarized or produced in a collection of documents, including plats, the declaration, or the organizational documents of the homeowners association, provided those documents effectively convey the required information to the purchaser.

(d) (1) (i) Subject to the provisions of subparagraph (ii) of this paragraph, if any of the information required to be disclosed by subsection (b) of this section concerns property that is subjected to a declaration by a person who is not affiliated with the vendor, within 20 calendar days after receipt of a written request from the vendor of such property, and receipt of a reasonable fee therefor not to exceed the cost, if any, of reproduction, an unaffiliated declarant shall notify the vendor in writing of the information that is contained in the depository, and furnish the information necessary to enable the vendor to comply with subsection (b) of this section; and

(ii) An unaffiliated declarant may not be required to furnish information regarding a homeowners association over which the unaffiliated declarant has no control, or with respect to any declaration which the unaffiliated declarant did not file.

(2) A vendor is not liable to the purchaser for any erroneous information provided by an unaffiliated declarant, so long as the vendor provides the purchaser with a certificate stating the name of the person who provided the information along with an address and telephone number for contacting such person.

(e) (1) In satisfying the requirements of subsection (b) of this section, the vendor shall be entitled to rely upon the disclosures contained in the depository after June 30, 1989.

(2) In satisfying a vendor’s request for any information described under subsection (b) of this section, a homeowners association:

(i) Shall be entitled to direct the vendor to obtain such information from the depository for all disclosures contained in the depository after June 30, 1989; and

(ii) May not be required to supply a vendor with any information which is contained in the depository.

(f) The provisions of this section do not apply to a sale of a lot in an action to foreclose a mortgage or deed of trust.
Md. Code, Transportation § 11-128 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-128
§11–128.
Status: in_force

(a) “License”, as used in reference to the operation of a motor vehicle, means any:

(1) Driver’s license; and

(2) Any other license or permit to drive a motor vehicle that is issued under or granted by the laws of this State, including:

(i) Any temporary license;

(ii) A learner’s instructional permit;

(iii) A provisional license;

(iv) The privilege of any individual to drive a motor vehicle, whether or not that individual is formally licensed by this or any other jurisdiction;

(v) Any nonresident’s privilege to drive, as defined in this subtitle; and

(vi) A commercial driver’s license.

(b) “License” does not include an electronic credential issued under Title 16, Subtitle 10 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 11-1408 — MD Code / Article gab / Title 11 / Subtitle 14 / Section 11-1408
§11–1408.
Status: in_force

(a) An individual who is a resident of the State at the time an application for a license is filed under this title meets the residency requirements under §§ 4–103, 4–104, and 4–105 of this article.

(b) The license remains valid only for as long as the resident applicant remains a resident of the State.
Md. Code, Business Regulation § 11-501 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

This part applies only to mile thoroughbred racing licensees and to special thoroughbred racing licensees.
Md. Code, Alcoholic Beverages and Cannabis § 11-804 — MD Code / Article gab / Title 11 / Subtitle 8 / Section 11-804
§11–804.
Status: in_force

(a) There is a Class D beer and light wine license.

(b) The license authorizes the license holder to sell beer and light wine, at retail, at the place described in the license, for on– and off–premises consumption.

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $480.
Md. Code, Transportation § 11-109 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-109
§11–109.
Status: in_force

“Commercial driver’s license” and “CDL” means a license issued in accordance with Title 16, Subtitle 8 of this article or by another state pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 to an individual which authorizes the individual to drive a class of commercial motor vehicle.
Md. Code, Tax - General § 11-101 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: reserved

§11–101. IN EFFECT

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

(a–1) “Accommodation” means a right to occupy a room or lodgings as a transient guest.

(a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation.

(2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer.

(a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer.

(a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation.

(b) “Buyer” means a person who:

(1) acquires tangible personal property in a sale;

(2) obtains a taxable service in a sale; or

(3) acquires a digital code or digital product in a sale.

(c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building:

(1) floor, carpet, wall, window, ceiling, and exterior cleaning; and

(2) janitorial services.

(c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section:

(1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location;

(2) if item (1) of this subsection is not applicable and the primary use location of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location;

(3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business;

(4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith;

(5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or

(6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies:

(i) the location in the United States of the headquarters of the vendor’s business;

(ii) the location in the United States where the vendor has the greatest number of employees; or

(iii) the location in the United States from which the vendor makes digital products available for electronic transfer.

(c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article.

(c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that:

(i) may be obtained by any means, including:

1. in a tangible form, such as a card; or

2. through e–mail; and

(ii) provides a buyer with a right to obtain one or more digital products.

(2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product.

(c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) “Digital product” includes:

(i) a work that results from the fixation of a series of sounds that are transferred electronically, including:

1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and

2. audio greeting cards sent by e–mail;

(ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication;

(iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games;

(iv) a book, generally known as an “e–book”, that is transferred electronically; and

(v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically.

(3) “Digital product” does not include:

(i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education;

(ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction:

1. is not prerecorded; and

2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction;

(iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event:

1. is not prerecorded; and

2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event;

(iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or

(vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party.

(c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use.

(2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product.

(c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively.

(c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity.

(c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental.

(2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer.

(c–9) “Home amenity rental platform” means an Internet–based digital entity that:

(1) advertises the availability of home amenities; and

(2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity.

(c–10) (1) “Marketplace facilitator” means a person that:

(i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and

(ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller.

(2) “Marketplace facilitator” does not include:

(i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor;

(ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or

(iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title.

(c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator.

(c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget.

(c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time.

(d) “Person” includes:

(1) this State or a political subdivision, unit, or instrumentality of this State;

(2) another state or a political subdivision, unit, or instrumentality of that state; and

(3) a unit or instrumentality of a political subdivision of this State or of another state.

(e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed.

(e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by:

(i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or

(ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section.

(2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer.

(f) (1) “Production activity” means:

(i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale;

(ii) generating electricity for sale or for use in another production activity;

(iii) 1. laundering, maintaining, or preparing textile products for rental; or

2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(iv) producing or repairing production machinery or equipment;

(v) establishing or maintaining clean rooms or clean zones as required by applicable provisions of the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and the Virus–Serum–Toxin Act, and the regulations adopted thereunder, pertaining to the manufacture of drugs, medical devices, or biologics;

(vi) providing for the safety of employees; or

(vii) providing for quality control.

(2) “Production activity” does not include:

(i) servicing or repairing tangible personal property, except for servicing or repairing production machinery or equipment;

(ii) maintaining tangible personal property other than textile products for rental and production machinery and equipment, except for maintaining tangible personal property in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(iii) providing for the comfort or health of employees; or

(iv) storing the finished product.

(g) “Production machinery or equipment” means machinery or equipment used in a production activity.

(h) (1) “Retail sale” means the sale of:

(i) tangible personal property;

(ii) a taxable service;

(iii) a digital code; or

(iv) a digital product.

(2) “Retail sale” includes:

(i) a sale of tangible personal property for use or resale in the form of real estate by a builder, contractor, or landowner;

(ii) except as provided in paragraph (3)(i) of this subsection, use of tangible personal property as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property before or after that use;

(iii) a sale of a digital product that is sold with rights of permanent use or sold with rights of less than permanent use to an end user;

(iv) a sale of a digital product that is sold with rights of use conditioned on continued payment by the subscriber or buyer to an end user; and

(v) a sale to an end user of a digital code or a subscription to, access to, receipt of, or streaming of a digital product.

(3) “Retail sale” does not include:

(i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if:

1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and

2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work;

(ii) a sale of tangible personal property, a digital code, or a digital product if the buyer intends to:

1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product;

2. use or incorporate the tangible personal property, digital code, or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or

3. transfer the tangible personal property, digital code, or digital product as a part of a taxable service transaction; or

(iii) a sale of a taxable service if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service.

(i) (1) “Sale” means a transaction for a consideration whereby:

(i) title to or possession of property, a digital code, or a digital product is transferred or is to be transferred absolutely or conditionally by any means, including by lease, rental, royalty agreement, or grant of a license for use; or

(ii) a person performs a service for another person.

(2) “Sale” does not include a transaction whereby an employee performs a service for the employee’s employer.

(j) “Sale for use” means a sale in which tangible personal property, a digital code, a digital product, or a taxable service that is consumed, possessed, stored, or used in the State is acquired.

(j–1) “Short–term rental” means the temporary use of a short–term rental unit to provide accommodation to transient guests for lodging purposes in exchange for consideration.

(j–2) “Short–term rental platform” means an Internet–based digital entity that:

(1) advertises the availability of short–term rental units for rent; and

(2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a short–term rental unit.

(j–3) (1) “Short–term rental unit” means a residential dwelling unit or a portion of the unit used for short–term rentals.

(2) “Short–term rental unit” includes a single–family house or dwelling, a multifamily house or dwelling, an apartment, a condominium, or a cooperative.

(j–4) “Subscription” means, with respect to a digital product, an arrangement with a vendor that grants a buyer the right to obtain digital products from within one or more product categories having the same tax treatment, in a fixed quantity or for a fixed period of time or both.

(k) (1) “Tangible personal property” means:

(i) corporeal personal property of any nature;

(ii) an accommodation;

(iii) a short–term rental; or

(iv) a home amenity rental.

(2) “Tangible personal property” includes:

(i) farm equipment;

(ii) wall–to–wall carpeting that is installed into real estate, regardless of the purpose, method, or permanency of its installation; and

(iii) coal, electricity, oil, nuclear fuel assemblies, steam, and artificial or natural gas.

(l) (1) “Taxable price” means the value, in money, of the consideration of any kind that is paid, delivered, payable, or deliverable by a buyer to a vendor in the consummation and complete performance of a sale without deduction for any expense or cost, including the cost of:

(i) any labor or service rendered;

(ii) any material used; or

(iii) any property, digital code, or digital product sold.

(2) “Taxable price” includes, for tangible personal property, a digital code, or a digital product acquired by a sale for use in the State by the person who assembles, fabricates, or manufactures the property or digital product, only the price of the raw materials and component parts contained in the property or digital product.

(3) “Taxable price” does not include:

(i) a charge that is made in connection with a sale and is stated as a separate item of the consideration for:

1. a delivery, freight, or other transportation service for delivery directly to the buyer by the vendor or by another person acting for the vendor, unless the transportation service is a taxable service;

2. a finance charge, interest, or similar charge for credit extended to the buyer;

3. a labor or service for application or installation;

4. a mandatory gratuity or service charge in the nature of a tip for serving food or beverage to a group of 10 or fewer individuals for consumption on the premises of the vendor;

5. a professional service;

6. a tax:

A. imposed by a county on the sale of coal, electricity, oil, nuclear fuel assemblies, steam, or artificial or natural gas;

B. imposed under § 3–302(a) of the Natural Resources Article, as a surcharge on electricity, and added to an electric bill;

C. imposed under §§ 6–201 through 6–203 of the Tax – Property Article, on tangible personal property subject to a lease that is for an initial period that exceeds 1 year and is noncancellable except for cause; or

D. imposed under § 4–102 of this article on the gross receipts derived from an admissions and amusement charge;

7. any service for the operation of equipment used for the production of audio, video, or film recordings; or

8. reimbursement of incidental expenses paid to a third party and incurred in connection with providing a taxable detective service;

(ii) the value of a used component or part (core value) received from a purchaser of the following remanufactured truck parts:

1. an air brake system;

2. an engine;

3. a rear axle carrier; or

4. a transmission;

(iii) a charge for a nontaxable service that is made in connection with a sale of a taxable communication service, even if the nontaxable charges are aggregated with and not separately stated from the taxable charges for communications services, if the vendor can reasonably identify charges not subject to tax from its books and records that are kept in the regular course of business; or

(iv) a transportation network company impact fee imposed under § 10–408 of the Public Utilities Article.

(4) “Taxable price” includes all sales and charges, including insurance, freight handling, equipment and supplies, delivery and pickup, cellular telephone, and other accessories, but not including sales of motor fuel subject to the motor fuel tax, made in connection with:

(i) a short–term vehicle rental, as defined in § 11–104(c) of this subtitle; or

(ii) a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article.

(5) “Taxable price” includes:

(i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, the full amount of the consideration paid by a buyer for the sale or use of an accommodation, but not including any tax that is remitted to a taxing authority; and

(ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, the full amount of consideration paid by a buyer for the sale or use of a home amenity rental, but not including any tax that is remitted to a taxing authority.

(6) “Taxable price” does not include:

(i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, a commission paid by an accommodations provider to a person after facilitating the sale or use of an accommodation; or

(ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, a commission paid by a home amenity rental provider to a person after facilitating the sale or use of a home amenity rental.

(m) “Taxable service” means:

(1) fabrication, printing, or production of tangible personal property or a digital product by special order;

(2) commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(3) cleaning of a commercial or industrial building;

(4) cellular telephone or other mobile telecommunications service;

(5) “900”, “976”, “915”, and other “900”–type telecommunications service;

(6) custom calling service provided in connection with basic telephone service;

(7) a telephone answering service;

(8) pay per view television service;

(9) credit reporting;

(10) a security service, including:

(i) a detective, guard, or armored car service; and

(ii) a security systems service;

(11) a transportation service for transmission, distribution, or delivery of electricity or natural gas, if the sale or use of the electricity or natural gas is subject to the sales and use tax;

(12) a prepaid telephone calling arrangement;

(13) the privilege given to an individual under § 4–1102 of the Alcoholic Beverages and Cannabis Article to consume wine that is not purchased from or provided by a restaurant, club, or hotel;

(14) a data or information technology service described under NAICS Sector 518, 519, or 5415; or

(15) a system software or application software publishing service described under NAICS Sector 5132.

(m–1) (1) “Telephone answering service” means a service provided to a customer that consists exclusively of the taking of messages, either by an automated system or by a live operator, and transmitting the messages to the customer.

(2) “Telephone answering service” does not include the physical act of answering a telephone on behalf of a customer, if the act is incidental to and less than 5% of the service provider’s total gross receipts in a calendar year.

(n) (1) “Use” means an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of:

(i) tangible personal property;

(ii) a taxable service;

(iii) a digital code; or

(iv) a digital product.

(2) “Use” includes an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of tangible personal property, a digital code, or a digital product:

(i) for use or resale in the form of real estate by a builder, contractor, or landowner; or

(ii) except as provided in paragraph (3)(i) of this subsection, as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property, digital code, or digital product before or after that use.

(3) “Use” does not include:

(i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if:

1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and

2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work;

(ii) an exercise of a right or power over tangible personal property, a digital code, or a digital product acquired by a sale for use if the buyer intends to:

1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product;

2. use or incorporate the tangible personal property or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or

3. transfer the tangible personal property, digital code, or digital product as part of a taxable service transaction;

(iii) an exercise of a right or power over a taxable service acquired by a sale for use if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service;

(iv) an exercise of a right or power over a digital code to receive or access a digital product;

(v) an exercise of a right or power over a digital product acquired by a sale for use if the buyer is not an end user; or

(vi) the use or transfer of a digital product or digital code by the transferor and obtained by the end user free of charge.

(o) (1) “Vendor” means a person who:

(i) engages in the business of an out–of–state vendor, as defined in § 11–701 of this title;

(ii) engages in the business of a retail vendor, as defined in § 11–701 of this title;

(iii) holds a special license issued under § 11–707 of this title;

(iv) is an accommodations intermediary or a home amenity rental intermediary;

(v) is a short–term rental platform or home amenity rental platform;

(vi) engages in the business of a marketplace facilitator; or

(vii) engages in the business of a marketplace seller.

(2) “Vendor” includes, for an out–of–state vendor, a salesman, representative, peddler, or canvasser whom the Comptroller, for the efficient administration of this title, elects to treat as an agent jointly responsible with the dealer, distributor, employer, or supervisor:

(i) under whom the agent operates; or

(ii) from whom the agent obtains the tangible personal property, a digital code, a digital product, or taxable service for sale.

§11–101. ** TAKES EFFECT JULY 1, 2027 PER CHAPTER 638 OF 2025 **

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

(a–1) “Accommodation” means a right to occupy a room, lodgings, or a short–term rental unit as a transient guest.

(a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who:

(i) facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation; or

(ii) receives compensation for facilitating reservations or processing booking transactions on behalf of an accommodations provider.

(2) “Accommodations intermediary” includes a short–term rental platform.

(3) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer.

(a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer.

(a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation to a buyer in exchange for payment of the taxable price.

(b) “Buyer” means a person who:

(1) acquires tangible personal property in a sale;

(2) obtains a taxable service in a sale; or

(3) acquires a digital code or digital product in a sale.

(c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building:

(1) floor, carpet, wall, window, ceiling, and exterior cleaning; and

(2) janitorial services.

(c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section:

(1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location;

(2) if item (1) of this subsection is not applicable and the primary use location of the digital code or digital product, described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location;

(3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business;

(4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith;

(5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or

(6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies:

(i) the location in the United States of the headquarters of the vendor’s business;

(ii) the location in the United States where the vendor has the greatest number of employees; or

(iii) the location in the United States from which the vendor makes digital products available for electronic transfer.

(c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article.

(c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that:

(i) may be obtained by any means, including:

1. in a tangible form, such as a card; or

2. through e–mail; and

(ii) provides a buyer with a right to obtain one or more digital products.

(2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product.

(c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) “Digital product” includes:

(i) a work that results from the fixation of a series of sounds that are transferred electronically, including:

1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and

2. audio greeting cards sent by e–mail;

(ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication;

(iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games;

(iv) a book, generally known as an “e–book”, that is transferred electronically; and

(v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically.

(3) “Digital product” does not include:

(i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education;

(ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction:

1. is not prerecorded; and

2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction;

(iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event:

1. is not prerecorded; and

2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event;

(iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or

(vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party.

(c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use.

(2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product.

(c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively.

(c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity.

(c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental.

(2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer.

(c–9) “Home amenity rental platform” means an Internet–based digital entity that:

(1) advertises the availability of home amenities; and

(2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity.

(c–10) (1) “Marketplace facilitator” means a person that:

(i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and

(ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller.

(2) “Marketplace facilitator” does not include:

(i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor;

(ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or

(iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title.

(c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator.

(c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget.

(c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time.

(d) “Person” includes:

(1) this State or a political subdivision, unit, or instrumentality of this State;

(2) another state or a political subdivision, unit, or instrumentality of that state; and

(3) a unit or instrumentality of a political subdivision of this State or of another state.

(e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed.

(e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by:

(i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or

(ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section.

(2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer.

(f) (1) “Production activity” means:

(i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale;

(ii) generating electricity for sale or for use in another production activity;

(iii) 1. laundering, maintaining, or preparing textile products for rental; or

2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(iv) producing or repairing production machinery or equipment;

(v) establishing or maintaining clean rooms or clean zones as required by applicable provisions of the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and the Virus–Serum–Toxin Act, and the regulations adopted thereunder, pertaining to the manufacture of drugs, medical devices, or biologics;

(vi) providing for the safety of employees; or

(vii) providing for quality control.

(2) “Production activity” does not include:

(i) servicing or repairing tangible personal property, except for servicing or repairing production machinery or equipment;

(ii) maintaining tangible personal property other than textile products for rental and production machinery and equipment, except for maintaining tangible personal property in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(iii) providing for the comfort or health of employees; or

(iv) storing the finished product.

(g) “Production machinery or equipment” means machinery or equipment used in a production activity.

(h) (1) “Retail sale” means the sale of:

(i) tangible personal property;

(ii) a taxable service;

(iii) a digital code; or

(iv) a digital product.

(2) “Retail sale” includes:

(i) a sale of tangible personal property for use or resale in the form of real estate by a builder, contractor, or landowner;

(ii) except as provided in paragraph (3)(i) of this subsection, use of tangible personal property as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property before or after that use;

(iii) a sale of a digital product that is sold with rights of permanent use or sold with rights of less than permanent use to an end user;

(iv) a sale of a digital product that is sold with rights of use conditioned on continued payment by the subscriber or buyer to an end user; and

(v) a sale to an end user of a digital code or a subscription to, access to, receipt of, or streaming of a digital product.

(3) “Retail sale” does not include:

(i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if:

1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and

2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work;

(ii) a sale of tangible personal property, a digital code, or a digital product if the buyer intends to:

1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product;

2. use or incorporate the tangible personal property, digital code, or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or

3. transfer the tangible personal property, digital code, or digital product as a part of a taxable service transaction; or

(iii) a sale of a taxable service if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service.

(i) (1) “Sale” means a transaction for a consideration whereby:

(i) title to or possession of property, a digital code, or a digital product is transferred or is to be transferred absolutely or conditionally by any means, including by lease, rental, royalty agreement, or grant of a license for use; or

(ii) a person performs a service for another person.

(2) “Sale” does not include a transaction whereby an employee performs a service for the employee’s employer.

(j) “Sale for use” means a sale in which tangible personal property, a digital code, a digital product, or a taxable service that is consumed, possessed, stored, or used in the State is acquired.

(j–1) “Short–term rental” means the temporary use of a short–term rental unit to provide accommodation to transient guests for lodging purposes in exchange for consideration.

(j–2) “Short–term rental platform” means an entity, including an Internet–based digital entity that:

(1) advertises the availability of short–term rental units for rent; and

(2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a short–term rental unit.

(j–3) (1) “Short–term rental unit” means a residential dwelling unit or a portion of the unit used for short–term rentals.

(2) “Short–term rental unit” includes a single–family house or dwelling, a multifamily house or dwelling, an apartment, a condominium, or a cooperative.

(j–4) “Subscription” means, with respect to a digital product, an arrangement with a vendor that grants a buyer the right to obtain digital products from within one or more product categories having the same tax treatment, in a fixed quantity or for a fixed period of time or both.

(k) (1) “Tangible personal property” means:

(i) corporeal personal property of any nature;

(ii) an accommodation;

(iii) a short–term rental; or

(iv) a home amenity rental.

(2) “Tangible personal property” includes:

(i) farm equipment;

(ii) wall–to–wall carpeting that is installed into real estate, regardless of the purpose, method, or permanency of its installation; and

(iii) coal, electricity, oil, nuclear fuel assemblies, steam, and artificial or natural gas.

(l) (1) “Taxable price” means the value, in money, of the consideration of any kind that is paid, delivered, payable, or deliverable by a buyer to a vendor in the consummation and complete performance of a sale without deduction for any expense or cost, including the cost of:

(i) any labor or service rendered;

(ii) any material used; or

(iii) any property, digital code, or digital product sold.

(2) “Taxable price” includes, for tangible personal property, a digital code, or a digital product acquired by a sale for use in the State by the person who assembles, fabricates, or manufactures the property or digital product, only the price of the raw materials and component parts contained in the property or digital product.

(3) “Taxable price” does not include:

(i) a charge that is made in connection with a sale and is stated as a separate item of the consideration for:

1. a delivery, freight, or other transportation service for delivery directly to the buyer by the vendor or by another person acting for the vendor, unless the transportation service is a taxable service;

2. a finance charge, interest, or similar charge for credit extended to the buyer;

3. a labor or service for application or installation;

4. a mandatory gratuity or service charge in the nature of a tip for serving food or beverage to a group of 10 or fewer individuals for consumption on the premises of the vendor;

5. a professional service;

6. a tax:

A. imposed by a county on the sale of coal, electricity, oil, nuclear fuel assemblies, steam, or artificial or natural gas;

B. imposed under § 3–302(a) of the Natural Resources Article, as a surcharge on electricity, and added to an electric bill;

C. imposed under §§ 6–201 through 6–203 of the Tax – Property Article, on tangible personal property subject to a lease that is for an initial period that exceeds 1 year and is noncancellable except for cause; or

D. imposed under § 4–102 of this article on the gross receipts derived from an admissions and amusement charge;

7. any service for the operation of equipment used for the production of audio, video, or film recordings; or

8. reimbursement of incidental expenses paid to a third party and incurred in connection with providing a taxable detective service;

(ii) the value of a used component or part (core value) received from a purchaser of the following remanufactured truck parts:

1. an air brake system;

2. an engine;

3. a rear axle carrier; or

4. a transmission;

(iii) a charge for a nontaxable service that is made in connection with a sale of a taxable communication service, even if the nontaxable charges are aggregated with and not separately stated from the taxable charges for communications services, if the vendor can reasonably identify charges not subject to tax from its books and records that are kept in the regular course of business; or

(iv) a transportation network company impact fee imposed under § 10–408 of the Public Utilities Article.

(4) “Taxable price” includes all sales and charges, including insurance, freight handling, equipment and supplies, delivery and pickup, cellular telephone, and other accessories, but not including sales of motor fuel subject to the motor fuel tax, made in connection with:

(i) a short–term vehicle rental, as defined in § 11–104(c) of this subtitle; or

(ii) a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article.

(5) “Taxable price” includes:

(i) for the sale or use of an accommodation facilitated by an accommodations intermediary, the full amount of the consideration paid by a buyer for the sale or use of an accommodation for a period not exceeding 4 consecutive months, but not including any tax that is remitted to a taxing authority; and

(ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, the full amount of consideration paid by a buyer for the sale or use of a home amenity rental, but not including any tax that is remitted to a taxing authority.

(6) “Taxable price” does not include:

(i) for the sale or use of an accommodation facilitated by an accommodations intermediary, a commission paid by an accommodations provider to a person after facilitating the sale or use of an accommodation; or

(ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, a commission paid by a home amenity rental provider to a person after facilitating the sale or use of a home amenity rental.

(m) “Taxable service” means:

(1) fabrication, printing, or production of tangible personal property or a digital product by special order;

(2) commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles;

(3) cleaning of a commercial or industrial building;

(4) cellular telephone or other mobile telecommunications service;

(5) “900”, “976”, “915”, and other “900”–type telecommunications service;

(6) custom calling service provided in connection with basic telephone service;

(7) a telephone answering service;

(8) pay per view television service;

(9) credit reporting;

(10) a security service, including:

(i) a detective, guard, or armored car service; and

(ii) a security systems service;

(11) a transportation service for transmission, distribution, or delivery of electricity or natural gas, if the sale or use of the electricity or natural gas is subject to the sales and use tax;

(12) a prepaid telephone calling arrangement;

(13) the privilege given to an individual under § 4–1102 of the Alcoholic Beverages and Cannabis Article to consume wine that is not purchased from or provided by a restaurant, club, or hotel;

(14) a data or information technology service described under NAICS Sector 518, 519, or 5415; or

(15) a system software or application software publishing service described under NAICS Sector 5132.

(m–1) (1) “Telephone answering service” means a service provided to a customer that consists exclusively of the taking of messages, either by an automated system or by a live operator, and transmitting the messages to the customer.

(2) “Telephone answering service” does not include the physical act of answering a telephone on behalf of a customer, if the act is incidental to and less than 5% of the service provider’s total gross receipts in a calendar year.

(n) (1) “Use” means an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of:

(i) tangible personal property;

(ii) a taxable service;

(iii) a digital code; or

(iv) a digital product.

(2) “Use” includes an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of tangible personal property, a digital code, or a digital product:

(i) for use or resale in the form of real estate by a builder, contractor, or landowner; or

(ii) except as provided in paragraph (3)(i) of this subsection, as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property, digital code, or digital product before or after that use.

(3) “Use” does not include:

(i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if:

1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and

2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work;

(ii) an exercise of a right or power over tangible personal property, a digital code, or a digital product acquired by a sale for use if the buyer intends to:

1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product;

2. use or incorporate the tangible personal property or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or

3. transfer the tangible personal property, digital code, or digital product as part of a taxable service transaction;

(iii) an exercise of a right or power over a taxable service acquired by a sale for use if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service;

(iv) an exercise of a right or power over a digital code to receive or access a digital product;

(v) an exercise of a right or power over a digital product acquired by a sale for use if the buyer is not an end user; or

(vi) the use or transfer of a digital product or digital code by the transferor and obtained by the end user free of charge.

(o) (1) “Vendor” means a person who:

(i) engages in the business of an out–of–state vendor, as defined in § 11–701 of this title;

(ii) engages in the business of a retail vendor, as defined in § 11–701 of this title;

(iii) holds a special license issued under § 11–707 of this title;

(iv) is an accommodations intermediary or a home amenity rental intermediary;

(v) is a short–term rental platform or home amenity rental platform;

(vi) engages in the business of a marketplace facilitator; or

(vii) engages in the business of a marketplace seller.

(2) “Vendor” includes, for an out–of–state vendor, a salesman, representative, peddler, or canvasser whom the Comptroller, for the efficient administration of this title, elects to treat as an agent jointly responsible with the dealer, distributor, employer, or supervisor:

(i) under whom the agent operates; or

(ii) from whom the agent obtains the tangible personal property, a digital code, a digital product, or taxable service for sale.
Md. Code, Business Occupations and Professions § 11-202 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) (1) The Board consists of 9 members.

(2) Of the 9 members of the Board:

(i) 1 shall be the Secretary, as an ex officio member, or a designee of the Secretary;

(ii) 1 shall be the President of the Association;

(iii) 3 shall be retired or licensed pilots who have at least 5 years’ experience providing pilotage;

(iv) 2 shall be members of the steamship industry who actively employ pilots;

(v) 1 shall be a representative of the ship docking tugboat industry in the Helen Delich Bentley Port of Baltimore; and

(vi) 1 shall be a consumer member.

(3) The Governor shall appoint each member under paragraph (2)(iii), (iv), (v), and (vi) of this subsection with the advice of the Secretary.

(b) A designee of the Secretary:

(1) may not be or ever have been employed in the shipping or maritime industry; and

(2) may not have or ever have had a financial interest in the shipping or maritime industry.

(c) The consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be or ever have been employed or have or ever have had a financial interest in the shipping or maritime industry;

(3) may not be a licensee or otherwise be subject to regulation by the Board;

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board; and

(5) may not be required to meet the qualifications for the professional members of the Board.

(d) While a member of the Board, the consumer member may not:

(1) have a financial interest in or receive compensation from a person regulated by the Board; or

(2) grade any examination given by or for the Board.

(e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) (1) The term of an appointed member is 2 years and begins on June 1.

(2) The terms of appointed members are staggered as required by the terms provided for members of the Board on October 1, 1989.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) An appointed member may not serve more than 2 terms consecutively.

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairperson shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Transportation § 11-166 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-166
§11–166.
Status: in_force

“Traffic” means pedestrians, vehicles and other conveyances, and ridden or herded animals, either singly or together, while using any highway for travel.
Md. Code, Criminal Law § 11-104.1 — MD Code / Article gcr / Title 11 / Subtitle 1 / Section 11-104.1
§11–104.
Status: in_force

§11–104.1.

(a) In Harford County and Cecil County, a person who operates a bookstore or entertainment venue in which an item or activity described in § 11-102 or § 11-103 of this subtitle is shown, displayed, or depicted and constitutes a majority of the items or activities offered for sale or rental by the bookstore or entertainment venue:

(1) shall require each individual upon entering the premises to display a driver’s license or an identification card that substantiates the individual’s age; and

(2) may not knowingly allow a minor to remain on the premises.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Business Occupations and Professions § 11-701 — MD Code / Article gbo / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide pilotage in the State unless licensed by the Board.
Md. Code, Criminal Procedure § 11-1104 — MD Code / Article gcp / Title 11 / Subtitle 11 / Section 11-1104
§11–1104.
Status: in_force

The Unit shall coordinate with the Judiciary, the Department of Public Safety and Correctional Services, the Department of Juvenile Services, the Central Collection Unit, State’s Attorney’s offices, and local correctional facilities to:

(1) collect data;

(2) develop best practices, using data and other evidence to the extent available, for restitution collection;

(3) coordinate and improve efforts of State and local entities regarding restitution;

(4) ensure the interoperability of justice system databases;

(5) require that each of the databases has a data field to indicate that there are outstanding restitution orders; and

(6) coordinate efforts to improve restitution collection.
Md. Code, Commercial Law § 11-306 — MD Code / Article gcl / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

(a) A party to a marketing agreement may not raise any defense set out in § 11-305 of this subtitle unless he gives written notice to the other party of his intent to terminate or cancel the agreement. This notice shall be given in person or by registered or certified mail at least 60 days before the date on which he intends to terminate or cancel it.

(b) The 60-day notice is not required if at the time of termination or cancellation of the marketing agreement any of the following is proven:

(1) Criminal misconduct;

(2) Fraud;

(3) Abandonment;

(4) Bankruptcy or insolvency of the dealer;

(5) Adulteration of product; or

(6) Giving a check which is dishonored for insufficient funds.

(c) If notice is given by registered or certified mail, it shall be effective on the date of mailing.
Md. Code, Criminal Procedure § 11-508 — MD Code / Article gcp / Title 11 / Subtitle 5 / Section 11-508
§11–508.
Status: in_force

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

(2) “Commitment unit” means a unit that a court orders to retain custody of a defendant or a child respondent and that receives a notification request form under § 11–104(g)(1) or (h) of this title.

(3) “Release from confinement” means work release, home detention, or other administrative or statutorily authorized release of a defendant or child respondent from a confinement facility.

(4) “Witness” means a person who:

(i) knows of facts relating to a crime of violence or conspiracy or solicitation to commit a crime of violence; and

(ii) 1. makes a declaration under oath that is received as evidence for any purpose; or

2. has been served with a subpoena issued under the authority of a court of this or any other state or of the United States.

(b) This section applies to a victim or victim’s representative who has submitted a notification request form under § 11–104 of this title.

(c) This section applies if a witness requests in writing that a commitment unit notify the witness in writing of the release from confinement of a defendant or child respondent.

(d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this title or a written request from a witness for notification, a commitment unit, if practicable, shall notify the victim, victim’s representative, or witness of:

(1) receipt of the notification request form;

(2) the date when the defendant or child respondent was placed in the custody of the commitment unit;

(3) how to change the address to receive notice for the victim, victim’s representative, witness, or the person to receive notice for the victim; and

(4) how to elect not to receive future notices.

(e) (1) The commitment unit shall notify a victim, victim’s representative, or witness, in advance if practicable, if any of the following events occur concerning the defendant or child respondent:

(i) an escape;

(ii) a recapture;

(iii) a transfer to another commitment unit;

(iv) a release from confinement and any conditions attached to the release; and

(v) the death of the defendant or child respondent.

(2) When a sentenced defendant or child respondent is being released from confinement, the commitment unit shall include in the notification required under paragraph (1) of this subsection the telephone number of the Maryland Crime Victims Resource Center.

(f) A commitment unit may not disclose to a defendant or child respondent the address or telephone number of a witness, victim, victim’s representative, or person who receives notice for the victim.

(g) An elected public official, public employee, or public unit has the immunity described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages arising out of an action relating to this section, unless the official, employee, or unit acts with gross negligence or in bad faith.
Md. Code, Business Occupations and Professions § 11-306 — MD Code / Article gbo / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

Appointment as a pilot-in-training authorizes the individual to engage in training, under the supervision of a licensed pilot, to provide pilotage.
Md. Code, Real Property § 11-130 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-130
§11–130.
Status: in_force

(a) This section is intended to provide minimum standards for the protection of consumers in the State.

(b) (1) In this section, “consumer” means an actual or prospective purchaser, lessee, assignee or recipient of a condominium unit or a unit owner.

(2) “Consumer” includes a co–obligor or surety for a consumer.

(c) A violation of this title shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.

(d) The Division of Consumer Protection of the Office of the Attorney General may adopt regulations to carry out this title.

(e) A county or incorporated municipality, or an agency of any of those jurisdictions, may adopt laws or ordinances for the protection of a consumer to the extent and in the manner provided for under § 13–103 of the Commercial Law Article.

(f) Within 30 days of the effective date of a law, ordinance, or regulation enacted under this section which is expressly applicable to condominiums, the local jurisdiction shall forward a copy of the law, ordinance, or regulation to the Secretary of State.