Md. Code, State Finance and Procurement § 8-117 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-117
§8–117.
Status: in_force

(a) The General Assembly may authorize the Board to:

(1) borrow money for any public purpose; and

(2) issue State bonds to evidence the debt.

(b) An enabling act shall specify the total principal amount of the debt authorized by the enabling act.

(c) An enabling act may take substantially the following form:

“A BILL ENTITLED

AN ACT concerning

Creation of a State Debt – (Name of Project)

FOR the purpose of authorizing the creation of a State debt not to exceed $....., (for an enabling act that requires an equal matching fund)/ in the amount of $....., (for an enabling act that requires no matching fund or a lesser matching fund) the proceeds to be used as a grant to ..... (name of grantee) for certain development or improvement purposes; providing for disbursement of the loan proceeds, subject to the requirement that the grantee provide and expend a matching fund (if the enabling act requires a matching fund); and providing generally for the issuance and sale of bonds evidencing the loan.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That:

(1) The Board of Public Works may borrow money and incur indebtedness on behalf of the State of Maryland through a State loan to be known as the ... (name of project) Loan of ... (year) equal to the lesser of (i) $... or (ii) the amount of the matching fund provided in accordance with Section 1(5) below. (For an enabling act that requires an equal matching fund)/ in the total principal amount of $..... (for an enabling act that requires no matching fund or a lesser matching fund). This loan shall be evidenced by the issuance, sale, and delivery of State general obligation bonds authorized by a resolution of the Board of Public Works and issued, sold, and delivered in accordance with §§ 8–117 through 8–124 and 8–131.2 of the State Finance and Procurement Article.

(2) The bonds to evidence this loan or installments of this loan may be sold as a single issue or may be consolidated and sold as part of a single issue of bonds under § 8–122 of the State Finance and Procurement Article.

(3) The cash proceeds of the sale of the bonds shall be paid to the Treasurer and first shall be applied to the payment of the expenses of issuing, selling, and delivering the bonds, unless funds for this purpose are otherwise provided, and then shall be credited on the books of the Comptroller and expended, on approval by the Board of Public Works, for the following public purposes, including any applicable architects’ and engineers’ fees: as a grant to ..... (name of grantee) (referred to hereafter in this Act as “the grantee”) (for an enabling act that requires a matching fund) for (here state the purpose or purposes to which the proceeds of the bonds are to be applied).

(4) An annual State tax is imposed on all assessable property in the State in rate and amount sufficient to pay the principal of and interest on the bonds, as and when due and until paid in full. The principal shall be discharged within 15 years after the date of issue of the bonds.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, .... (year)”.

(d) (1) If an enabling act requires an equal matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund. No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact and the amount of the matching fund to the State Treasurer, and the proceeds of the loan equal to the amount of the matching fund shall be expended for the purposes provided in this Act. Any amount of the loan in excess of the amount of the matching fund certified by the Board of Public Works shall be canceled and be of no further effect.”.

(2) If an enabling act requires a lesser matching fund, the fifth paragraph is as follows:

“(5) Prior to the payment of any funds under the provisions of this Act for the purposes set forth in Section 1(3) above, the grantee shall provide and expend a matching fund of $ ..., (amount of the matching fund to be provided by the grantee). No part of the grantee’s matching fund may be provided, either directly or indirectly, from funds of the State, whether appropriated or unappropriated. No part of the fund may consist of real property, in kind contributions, or funds expended prior to the effective date of this Act. In case of any dispute as to the amount of the matching fund or what money or assets may qualify as matching funds, the Board of Public Works shall determine the matter and the Board’s decision is final. The grantee has until June 1, ... (2 years from the effective date of the Act), to present evidence satisfactory to the Board of Public Works that a matching fund will be provided. If satisfactory evidence is presented, the Board shall certify this fact to the State Treasurer, and the proceeds of the loan shall be expended for the purposes provided in this Act.”.

(e) An enabling act may also contain the following paragraph:

“The proceeds of the loan must be expended or encumbered by the Board of Public Works for the purposes provided in this Act no later than June 1, .... (7 years from the effective date of the Act). If any funds authorized by this Act remain unexpended or unencumbered after June 1, .... (7 years from the effective date of the Act), the amount of the unencumbered or unexpended authorization shall be canceled and be of no further effect. If bonds have been issued for the loan, the amount of unexpended or unencumbered bond proceeds shall be disposed of as provided in § 8–129 of the State Finance and Procurement Article.”.

(f) An enabling act under this section may contain:

(1) an additional provision for all or part of the principal of and interest on the State bonds issued under the enabling act to be paid primarily from sources of funds other than a State tax on assessable property; and

(2) any other additional provision that is appropriate to the purpose of the enabling act and the nature of State bonds.
Md. Code, Natural Resources § 8-1815 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1815
§8–1815.
Status: in_force

(a) (1) (i) Except as otherwise authorized in a local jurisdiction, in accordance with the procedures set forth in subparagraph (ii) of this paragraph, a local authority may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the local authority has probable cause to believe that a violation of this subtitle or the local program has occurred, is occurring, or will occur.

(ii) 1. A local authority shall make a reasonable effort to contact a property owner before obtaining access to or entering the property.

2. If entry is denied, the local authority may seek an injunction to enter the property to pursue an enforcement action.

(iii) 1. A local authority that identifies a violation of this subtitle or of the local program shall take enforcement action.

2. The local authority shall require appropriate restoration and mitigation as necessary to offset adverse impacts to the critical area resulting from the violation.

3. A. For restoration or mitigation that exceeds 1,000 square feet or involves expenses exceeding $1,000, the local authority shall collect a bond or other financial security or adopt appropriate procedures to ensure that the restoration or mitigation is properly completed.

B. If the restoration or mitigation involves planting, the bond shall be held for at least 2 years after the date the plantings were installed to ensure plant survival.

C. On request of the property owner, the local authority shall schedule inspections as necessary to ensure compliance and the return of the bond or other financial security.

(2) (i) A person who violates an order, permit, plan, local program, this subtitle, or regulations adopted, approved, or issued under this subtitle shall be:

1. Subject to prosecution or suit in circuit court or District Court by the chair or local authorities, who may invoke the sanctions and remedies afforded by State or local law;

2. Guilty of a misdemeanor; and

3. On conviction in a court of competent jurisdiction, subject to a fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs imposed in the discretion of the court.

(ii) A criminal prosecution or a suit for a civil penalty for violation of a provision of an order, permit, plan, local program, this subtitle, or regulations adopted, approved, or issued under the authority of this subtitle shall be instituted within 3 years after the Commission or the local authorities in fact knew or reasonably should have known of the violation.

(3) A local authority may request:

(i) Assistance from the Commission in an enforcement action; or

(ii) That the chair refer an enforcement action to the Attorney General.

(b) Whenever the chair has reason to believe that a local jurisdiction is failing to enforce the requirements of a program applicable to a particular development, the chair shall serve notice upon the local enforcement authorities and may refer the matter to the Attorney General.

(c) Upon referral of an alleged violation under subsection (a) or (b) of this section, the Attorney General may invoke any sanction or remedy available to local authorities, in any court of competent jurisdiction in which the local authorities would be authorized to prosecute or sue the violator.

(d) In addition to any other sanction or remedy available, the Attorney General may bring an action in equity to compel compliance or restrain noncompliance with the requirements of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle, and to compel restoration of lands or structures to their condition prior to any modification which was done in violation of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle.

(e) Notwithstanding any other provision of this section, whenever a development in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area is proceeding in violation of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle and threatens to immediately and irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the Attorney General, upon request of the chair, may bring an action to restrain the violation and, as appropriate, to compel restoration of any land or water areas affected by the development.
Md. Code, Education § 8-310 — MD Code / Article ged / Title 8 / Subtitle 3 / Section 8-310
§8–310.
Status: in_force

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

(2) “Board” means the Board of Directors of the Maryland School for the Blind.

(3) “Superintendent” means the State Superintendent of Schools.

(b) The Maryland School for the Blind, a body corporate of the State the charter of which was established on May 19, 1853, shall be governed by the Board.

(c) (1) The Board consists of 25 members.

(2) Of the 25 members of the Board:

(i) Subject to confirmation by the Senate of Maryland, five members, including one member of the Senate of Maryland and one member of the Maryland House of Delegates, shall be appointed jointly by the Governor and the Superintendent, with recommendations from the Chairman of the Board; and

(ii) 20 members shall be elected according to the charter and bylaws of the Maryland School for the Blind.

(3) (i) The term of a member is 3 years.

(ii) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

(iii) Any vacancy shall be filled in the same manner in which the vacating member was appointed.

(iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, a member who serves three consecutive terms may not be reappointed for 1 year after completion of those terms.

2. The Chairman of the Board may be reappointed to serve additional terms immediately after completion of three consecutive terms.
Md. Code, Labor and Employment § 8-309 — MD Code / Article gle / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

(a) The Secretary shall appoint local advisory councils.

(b) Each local advisory council shall consist of:

(1) an equal number of members who represent employees and who represent employers; and

(2) the number of members who represent the general public that the Secretary sets.

(c) Each member of a local advisory council who represents employees or who represents employers shall be regarded as a representative of employees or employers because of affiliation, employment, or vocation.

(d) A member of a local advisory council:

(1) may not receive compensation; but

(2) is entitled to reimbursement for necessary expenses.

(e) The local advisory councils shall help the Secretary to:

(1) develop policies and discuss problems related to the administration of this title; and

(2) ensure impartiality and freedom from political influence in the solution of those problems.
Md. Code, Natural Resources § 8-738 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-738
§8–738.
Status: in_force

(a) Subject to subsection (g) of this section, a person may not operate or attempt to operate a vessel while the person:

(1) Is under the influence of alcohol;

(2) Is impaired by alcohol;

(3) Is so far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or

(4) Is impaired by any controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, unless the person is entitled to use the controlled dangerous substance under the laws of the State.

(b) (1) Except as provided under paragraph (2) of this subsection, the evidentiary presumptions and procedures established under §§ 10–302 through 10–309 of the Courts Article are applicable to any violation of this section.

(2) If at the time of testing an individual has an alcohol concentration that meets the definition of “under the influence of alcohol per se” in § 11–174.1 of the Transportation Article, as determined by an analysis of the individual’s blood or breath, it shall be prima facie evidence that the individual was operating a vessel while under the influence of alcohol.

(3) Any person who operates or attempts to operate a vessel on the waters of the State is deemed to have consented, subject to §§ 10–302 through 10–309 of the Courts Article, to take a test, as defined in § 16–205.1 of the Transportation Article, if the person is detained by a police officer who has reasonable grounds to believe that the person has been operating or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate the vessel safely, or while impaired by a controlled dangerous substance.

(c) (1) Except as provided in § 8–738.1 of this subtitle, a person may not be compelled to take a test, as defined in § 16–205.1 of the Transportation Article.

(2) The detaining police officer shall advise a person who is requested to take a test that, on receipt of a sworn statement from the officer that the person was requested to take a test and refused or was tested and the result indicated an alcohol concentration of 0.08 or more, the court may, on conviction and in addition to other penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 year.

(d) It is not a defense to a charge of violating subsection (a)(3) of this section that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely operating a vessel.

(e) (1) (i) Notwithstanding any other provision of this title, a person who violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction:

1. For a first offense, shall be subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both;

2. For a second offense, shall be subject to a fine of not more than $2,000 or imprisonment for not more than 2 years or both; and

3. For a third or subsequent offense, shall be subject to a fine of not more than $3,000 or imprisonment for not more than 3 years or both.

(ii) For the purpose of determining subsequent offender penalties for a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 of the Transportation Article shall be considered a prior conviction.

(2) (i) Notwithstanding any other provision of this title, a person who violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon conviction:

1. For a first offense, shall be subject to a fine of not more than $500 or imprisonment for not more than 2 months or both; and

2. For a second or subsequent offense, shall be subject to a fine of not more than $1,000 or imprisonment of not more than 1 year or both.

(ii) For the purpose of determining subsequent offender penalties for a violation of this section, a prior conviction under subsection (a) of this section or § 21–902 of the Transportation Article shall be considered a prior conviction.

(3) (i) Notwithstanding any other provision of this title and subject to subparagraph (ii) of this paragraph, the court may prohibit a person convicted of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the State if the person:

1. Refused to take a test, as defined in § 16–205.1 of the Transportation Article, when requested by a police officer under subsection (b)(3) of this section; or

2. Was tested and the result indicated an alcohol concentration of 0.08 or more.

(ii) The prohibition against operating a vessel on the waters of the State under subparagraph (i) of this paragraph may not exceed:

1. Except as provided in item 2 of this subparagraph, 2 years; or

2. If the violation results in the death of another person, 5 years.

(iii) 1. The Department, in coordination with the Natural Resources Police Force, shall establish and maintain a database of persons prohibited under this paragraph from operating a vessel on the waters of the State.

2. The Department shall establish the database on or before October 1, 2025.

3. The database shall be accessible to a Natural Resources police officer in any patrol vehicle or vessel.

4. A. A court shall electronically notify the Department if a person is prohibited under this paragraph from operating a vessel on the waters of the State.

B. Notice provided by a court to the Department shall include the person’s name, address, and date of birth, and the time period within which the prohibition applies.

5. On receipt of notice from a court, the Department shall:

A. Enter the information provided into the database; and

B. Maintain the information provided in the database until the prohibition expires.

(f) If a person is charged with a violation of this section, the court may find the person guilty of any lesser included offense under any subsection of this section.

(g) This section applies to the following:

(1) A vessel required to be registered with the Department under this subtitle;

(2) A vessel required to have a valid number awarded in accordance with a federal law or a federally approved numbering system of another state; and

(3) A vessel from a foreign country using the waters of this State.
Md. Code, Transportation § 8-330 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-330
§8–330.
Status: in_force

If, within 1 year after payment is made under § 8-323 of this subtitle, the Commission fails to ascertain the entire amount to be paid for the property and acquire title to it by deed or condemnation or, within that same 1-year period, fails to file timely a petition for condemnation as required by the Maryland Rules, then the fair value of the property shall be the greater of the values determined as of:

(1) The date the title to the property is acquired; and

(2) The date the payment was made under § 8-323 of this subtitle.
Md. Code, Business Regulation § 8-306 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

(a) The Commission shall issue a license to each applicant who meets the requirements of this subtitle.

(b) The Commission:

(1) may issue a salesperson license only to an individual; and

(2) may not issue a salesperson license unless the Commission has received from a licensed contractor written notice, signed by both the licensed contractor and salesperson, of an employment or other contractual relationship between the licensed contractor and salesperson.

(c) Except as otherwise provided in subsection (d) of this section, the Commission may not issue a license to an applicant for a contractor license or salesperson license who has been convicted of violating § 8–601 of this title.

(d) The Commission may issue a contractor license or salesperson license to an applicant who has been convicted of violating § 8–601 of this title if:

(1) the Commission determines that the applicant has settled all outstanding obligations; and

(2) 1 year has passed since the date of conviction.

(e) The Commission may not issue a contractor license to an applicant unless the applicant has submitted to the Commission proof of compliance with the insurance requirement of § 8-302.1 of this subtitle.
Md. Code, Health Occupations § 8-6A-04 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-04
§8–6A–04.
Status: in_force

(a) (1) The Board shall set reasonable fees for the issuance and renewal of certificates and other services it provides to certified nursing assistants, certified dialysis technicians, and certified medication technicians.

(2) The fees charged shall be set to produce funds to approximate the cost of maintaining the certification program and the other services provided to certified nursing assistants, certified dialysis technicians, and certified medication technicians.

(b) (1) The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller of the State.

(2) The Comptroller shall distribute all the fees to the State Board of Nursing Fund established under § 8–206 of this title.
Md. Code, Tax - General § 8-301 — MD Code / Article gtg / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) For all taxable years beginning before January 1, 2001, a franchise tax, measured by deposits held in the State, is imposed, for each calendar year, on each savings and loan association.

(b) For all taxable years beginning after December 31, 2000, the savings and loan association franchise tax is terminated.
Md. Code, Criminal Procedure § 8-109 — MD Code / Article gcp / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

The Supreme Court of Maryland shall adopt rules to carry out this subtitle.
Md. Code, Real Property § 8B-104 — MD Code / Article grp / Title 8B / Subtitle 1 / Section 8B-104
§8B–104.
Status: in_force

The property tax status of a manufactured home shall be governed by the Tax – Property Article.
Md. Code, Financial Institutions § 8-403 — MD Code / Article gfi / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) Any party aggrieved by a final order of the Division Director may appeal from the order to the Circuit Court for Baltimore City under Title 10, Subtitle 2 (Administrative Procedure Act - Contested Cases) of the State Government Article.

(b) The filing of an appeal may not stay the effectiveness of the final order.
Md. Code, Labor and Employment § 8-5A-10 — MD Code / Article gle / Title 8 / Subtitle 5A / Section 8-5A-10
§8–5A–10.
Status: in_force

(a) (1) In a case involving a determination or a redetermination of a claim, a party who wishes to file an appeal with the Board of Appeals shall do so within 15 days after notice of the decision of a hearing examiner was mailed to the party at the last known address of the party or otherwise was delivered to the party.

(2) In a case involving a determination under Subtitle 6 of this title for which a review determination was issued, an employer that wishes to file an appeal with the Board of Appeals shall do so within 30 days after notice of the decision of a hearing examiner was sent to the employer.

(b) After a hearing examiner makes a final decision under § 8–508 of this title:

(1) if the hearing examiner does not affirm the determination or redetermination of a claim or the review determination decision, the Board of Appeals shall allow an appeal by either the Secretary, or a party entitled to notice of the decision, or both; and

(2) if the hearing examiner affirms the determination or redetermination of a claim or the review determination decision, the Board of Appeals may allow an appeal by a party entitled to notice of the decision.

(c) (1) Within the time limit for filing an appeal under subsection (a)(1) of this section, on its own motion the Board of Appeals may initiate a review of the decision of a hearing examiner in a case involving a determination or a redetermination of a claim.

(2) Within the time limit for filing an appeal under subsection (a)(2) of this section, on its own motion the Board of Appeals may initiate review of the decision of a hearing examiner in a case involving a review determination decision.

(d) On review on its own motion or on appeal, the Board of Appeals may remand, affirm, modify, or reverse the findings of fact or conclusions of law of the hearing examiner on the basis of:

(1) evidence submitted to the hearing examiner; or

(2) evidence that the Board of Appeals may direct to be taken.

(e) A proceeding removed or appealed to the Board of Appeals shall be heard by a quorum.
Md. Code, Agriculture § 8-704.1 — MD Code / Article gag / Title 8 / Subtitle 7 / Section 8-704.1
§8–704.
Status: in_force

§8–704.1.

(a) In this section, “Service” means the Manure Matching Service.

(b) The Department shall create a Manure Matching Service.

(c) The purpose of the Service is to develop transfer programs and marketing techniques to promote and facilitate the transfer of poultry and livestock manure.

(d) The Service shall be implemented in conjunction with the Manure Transportation Project set forth in § 8-704.2 of this subtitle.

(e) The Governor shall include in the annual budget bill sufficient funds to carry out this section.
Md. Code, Health Occupations § 8-6A-10.1 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-10.1
§8–6A–10.
Status: in_force

§8–6A–10.1.

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8–6A–10 of this subtitle, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, to the last known address of the individual at least 30 days before the hearing.

(d) The individual may be represented at the hearing by counsel.

(e) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(f) (1) Over the signature of the president, the executive director, or the deputy director as authorized by the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.

(2) If an individual, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.

(g) (1) After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the certificate holder.

(2) The Board may disclose an advisory letter issued under this subsection to the public.

(3) The issuance of an advisory letter under this subsection:

(i) May not be considered a disciplinary action under § 8–6A–10 of this subtitle; and

(ii) May not be reported to any certifying entity, employer, or insurance company as a disciplinary action.
Md. Code, Human Services § 8-103 — MD Code / Article ghu / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) The Children’s Cabinet shall meet not less than four times a year in open session to discuss matters related to State needs for children, youth, and families.

(b) The Special Secretary shall chair the Children’s Cabinet.

(c) The Office shall staff the Children’s Cabinet.

(d) On or before December 1, 2024, and each December 1 thereafter, the Children’s Cabinet shall submit a report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the Children’s Cabinet meetings in the prior year and activities planned in the upcoming year.
Md. Code, Health - General § 8-801 — MD Code / Article ghg / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

This title may be cited as the Maryland Alcohol and Drug Abuse Act.
Md. Code, Agriculture § 8-704 — MD Code / Article gag / Title 8 / Subtitle 7 / Section 8-704
§8–704.
Status: reserved

§8–704. IN EFFECT

(a) (1) Except as provided in paragraph (2) of this subsection, State cost–sharing funds for a project being considered for State cost–sharing may be made available:

(i) For up to 100% of eligible costs, not to exceed a dollar amount of up to $200,000 as determined by a regulation adopted jointly by the Secretary of Agriculture and the Secretary of the Environment; and

(ii) If:

1. The Department of Agriculture, the soil conservation district, and a person have executed an agreement which, among other things, obligates the person to:

A. Establish, construct, or install the best management practice or fixed natural filter practice in accordance with technical specifications;

B. Maintain the best management practice or fixed natural filter practice for its expected life span; and

C. Provide the required matching funds, if any, for the project;

2. The Board of Public Works has given approval to the project when the proceeds of State bonds are to be used to finance the State share; and

3. The soil conservation district has certified to the Department that the project meets all applicable technical standards, and that all submitted invoices properly represent eligible costs.

(2) Consistent with the requirements of this section, State cost–sharing funds may be made available to fund the Whole Watershed Fund established under § 8–2B–03 of the Natural Resources Article.

(3) A reduction in State cost–sharing rates for riparian forest buffers, riparian herbaceous cover, wetland restoration, or pasture management may not be based on tons of soil saved or an amortization formula.

(4) State cost–sharing rates for pasture management shall be based on the applicable rate established by the U.S. Department of Agriculture’s Environmental Quality Incentives Program.

(5) State cost–sharing rates paid for the planting of multiple species of cover crops shall equal or exceed the rates paid for the planting of a single species of cover crop.

(6) (i) 1. Except as authorized under subsubparagraph 2 of this subparagraph and before the Department of Agriculture executes a cost–sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.

2. The Department may execute the agreement without the consent of the landlord if:

A. The agreement concerns a short–term project that involves only the planting of a cover crop; and

B. The Department has sent by first–class mail written notice of a cover crop project to the landlord at least 10 calendar days before executing the agreement for the first cover crop project during the term of the lease.

(ii) The Department may also require the granting to the State of an appropriate security interest in any equipment, structures or similar items purchased with State money.

(7) A cost–sharing agreement executed as required under this subtitle may be assigned and transferred to a successor in title of all or part of a tract of land subject to a best management practice.

(b) (1) State cost–sharing funds shall be disbursed, on warrant of the Comptroller, only after the Department has determined that the best management practice or fixed natural filter practice has been established, or in the case of equipment, structures, or similar items, that it has been received and properly installed.

(2) Payment may be made either to the person when the person has advanced money, or directly to a vendor or contractor in accordance with the written agreement required by this section, or supplemental written agreements with the vendor or contractor.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary of Agriculture and the Secretary of the Environment shall jointly adopt regulations to implement this subtitle.

(ii) Regulations solely involving internal management of the cost–sharing program need only be adopted by the Secretary of Agriculture.

(iii) The Department of Natural Resources shall be consulted before any regulations are adopted to assure coordination with its sediment control and related watershed programs.

(2) All regulations adopted under this section shall be approved by the Board of Public Works prior to the use of the proceeds of State bonds in the cost–sharing program.

(3) The Department of Agriculture and the Department of the Environment may enter into agreements with appropriate federal and local governmental entities to assist in administering this subtitle.

§8–704. // EFFECTIVE JUNE 30, 2026 PER CHAPTER 120 OF 2021 //

(a) (1) Except as provided in paragraph (2) of this subsection, State cost sharing in any project may be made available for up to 87.5% of eligible costs, not to exceed a dollar amount of up to $200,000 as determined by a regulation adopted jointly by the Secretary of Agriculture and the Secretary of the Environment.

(2) Consistent with the requirements of this section, State cost–sharing funds may be made available to fund the Whole Watershed Fund established under § 8–2B–03 of the Natural Resources Article.

(3) State cost–sharing funds may be made available for any project if:

(i) The Department of Agriculture, the soil conservation district, and a person have executed an agreement which, among other things, obligates the person to:

1. Establish, construct, or install the best management practice or fixed natural filter practice in accordance with technical specifications;

2. Maintain the best management practice or fixed natural filter practice for its expected life span; and

3. Provide the required matching funds for the project;

(ii) The Board of Public Works has given approval to the project when the proceeds of State bonds are to be used to finance the State share; and

(iii) The soil conservation district has certified to the Department that the project meets all applicable technical standards, and that all submitted invoices properly represent eligible costs.

(4) A reduction in State cost–sharing rates for riparian forest buffers, riparian herbaceous cover, wetland restoration, or pasture management may not be based on tons of soil saved or an amortization formula.

(5) State cost–sharing rates for pasture management shall be based on the applicable rate established by the U.S. Department of Agriculture’s Environmental Quality Incentives Program.

(6) State cost–sharing rates paid for the planting of multiple species of cover crops shall equal or exceed the rates paid for the planting of a single species of cover crop.

(7) (i) 1. Except as authorized under subsubparagraph 2 of this subparagraph and before the Department of Agriculture executes a cost–sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.

2. The Department may execute the agreement without the consent of the landlord if:

A. The agreement concerns a short–term project that involves only the planting of a cover crop; and

B. The Department has sent by first–class mail written notice of a cover crop project to the landlord at least 10 calendar days before executing the agreement for the first cover crop project during the term of the lease.

(ii) The Department may also require the granting to the State of an appropriate security interest in any equipment, structures or similar items purchased with State money.

(8) A cost–sharing agreement executed as required under this subtitle may be assigned and transferred to a successor in title of all or part of a tract of land subject to a best management practice.

(b) (1) State cost–sharing funds shall be disbursed, on warrant of the Comptroller, only after the Department has determined that the best management practice or fixed natural filter practice has been established, or in the case of equipment, structures, or similar items, that it has been received and properly installed.

(2) Payment may be made either to the person when the person has advanced money, or directly to a vendor or contractor in accordance with the written agreement required by this section, or supplemental written agreements with the vendor or contractor.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary of Agriculture and the Secretary of the Environment shall jointly adopt regulations to implement this subtitle.

(ii) Regulations solely involving internal management of the cost–sharing program need only be adopted by the Secretary of Agriculture.

(iii) The Department of Natural Resources shall be consulted before any regulations are adopted to assure coordination with its sediment control and related watershed programs.

(2) All regulations adopted under this section shall be approved by the Board of Public Works prior to the use of the proceeds of State bonds in the cost–sharing program.

(3) The Department of Agriculture and the Department of the Environment may enter into agreements with appropriate federal and local governmental entities to assist in administering this subtitle.
Md. Code, Health Occupations § 8-510 — MD Code / Article gho / Title 8 / Subtitle 5 / Section 8-510
§8–510.
Status: in_force

(a) The Board may conduct a demonstration study to evaluate a proposed change to regulations regarding nursing practices or the activities of nursing assistants, dialysis technicians, or medication technicians in a practice setting.

(b) A demonstration study enables the Board, in a controlled practice setting, to determine:

(1) The safety of the proposed practice or activity; and

(2) The appropriate education or training requirements for a proposed practice or activity.

(c) (1) The Board shall:

(i) Approve the demonstration study design; and

(ii) Select the testing facilities.

(2) The Board may waive selected nursing practice requirements during a demonstration study.
Md. Code, Natural Resources § 8-1002 — MD Code / Article gnr / Title 8 / Subtitle 10 / Section 8-1002
§8–1002.
Status: in_force

The Department shall:

(1) Develop and implement a program to educate the public on every phase of shore and bank erosion, its causes and effects, the locations where erosion is a problem, and steps to be taken to control erosion;

(2) Review petitions for formation of shore erosion control districts presented to any county and report to the county as provided in § 21–303 of the Local Government Article;

(3) Provide technical assistance to individual property owners, municipalities, and counties having specific shore and bank erosion problems;

(4) Design or cause to be designed shore erosion control projects, including vegetative cover, in shore erosion control districts;

(5) Enter into agreements with any person to construct shore erosion control projects;

(6) Administer the Fund to provide loans to any person in support of construction of shore erosion control projects;

(7) Supervise or provide supervision of design and erection of any shore protective device the Fund finances in whole or part;

(8) Prepare requests for appropriation of funds necessary to maintain the Fund;

(9) Cooperate with the following units:

(i) The State Highway Administration for shore erosion control where essential to protect municipal, county, or State roads;

(ii) The United States Army Corps of Engineers to conduct shore erosion studies; and

(iii) The Soil Conservation Service of the United States Department of Agriculture to evaluate and apply vegetative measures for shore erosion control;

(10) Design, construct, and maintain shore erosion control works on State–owned lands if these projects are included in the budget for the Fund;

(11) Actively seek to obtain available funds from the federal government for shore erosion control projects; and

(12) Adopt regulations to implement this subtitle.
Md. Code, Labor and Employment § 8-402 — MD Code / Article gle / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) The Secretary shall administer the Unemployment Insurance Fund.

(b) The Unemployment Insurance Fund shall be a special fund that is separate from State money.
Md. Code, Public Safety § 8-104 — MD Code / Article gps / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

(a) (1) (i) The money distributed under this subtitle shall be used by each county for the purposes listed in § 8–102(f)(1) of this subtitle as an addition to and may not be substituted for any money appropriated from sources other than the Fund.

(ii) In each fiscal year, each county shall make expenditures for fire protection from sources other than the Fund in an amount that is at least equal to the average amount of the expenditures for fire protection during the 3 preceding fiscal years.

(2) (i) If a county does not comply with the requirements of paragraph (1) of this subsection, the Secretary may withhold money allocated to the county for the fiscal year that begins after the submission of the report required under § 8–105 of this subtitle.

(ii) The penalty imposed under subparagraph (i) of this paragraph shall be equal to the percentage by which the county failed to meet the county’s maintenance of effort under paragraph (1)(ii) of this subsection.

(3) (i) The Secretary shall automatically withhold money allocated to a county from the Fund if:

1. the county fails to comply with the requirements of paragraph (1) of this subsection for two consecutive fiscal years; and

2. no waiver has been granted by the Board of Public Works or the General Assembly in accordance with subsection (d) of this section.

(ii) The penalty imposed under subparagraph (i) of this paragraph shall be equal to the percentage by which the county failed to meet the county’s maintenance of effort for the second consecutive fiscal year under paragraph (1)(ii) of this subsection.

(b) (1) Each county shall make expenditures for fire protection from its own sources that are at least equal to the amount of State money to be received.

(2) A county may receive less than the amount initially allocated.

(3) In determining the amount of expenditures for fire protection made by a county, before certification, the Secretary shall review the financial information of the county for the first completed fiscal year before the fiscal year for which State money is appropriated.

(4) Money received from the Volunteer Company Assistance Fund under § 8–203 of this title or other State money may not be used as the match required under this subsection.

(c) (1) Money not distributed to a county because the requirements of subsections (a) and (b) of this section are not satisfied shall be distributed to the counties that meet the requirements of subsections (a) and (b) of this section in accordance with this subsection.

(2) (i) Subject to subparagraph (ii) of this paragraph, each county that meets the requirements of subsections (a) and (b) of this section shall receive an allocation of the money distributed under paragraph (1) of this subsection based on a percentage to be determined in accordance with § 8–103(a) of this subtitle.

(ii) For purposes of determining the percentage allocated to each county under this subsection, the property tax accounts of each county that fails to satisfy the requirements of subsection (a) or (b) of this section shall be excluded from the statewide total.

(3) Each county shall distribute money provided under this subsection in accordance with § 8–103(c) of this subtitle.

(d) (1) The maintenance of effort requirement in subsection (a)(1)(ii) of this section does not apply to a county if the county requests and is granted a waiver from the requirement based on a determination that the county’s fiscal condition significantly impedes the county’s ability to fund the maintenance of effort requirement.

(2) (i) In order to qualify for a waiver for a fiscal year, a county shall:

1. seek a waiver from the General Assembly by legislation during the legislative session preceding the fiscal year in which the penalty for failing to comply with the maintenance of effort requirement is to be imposed; or

2. make a request for a waiver to the Board of Public Works by June 30 of the fiscal year preceding the fiscal year in which the penalty for failing to comply with the maintenance of effort requirement is to be imposed.

(ii) The Secretary shall provide a preliminary assessment of a waiver request to the Board of Public Works.

(3) When considering whether to grant a county’s waiver request, the Board of Public Works shall consider the following factors:

(i) external environmental factors such as a loss of a major employer or industry affecting the county or a broad economic downturn affecting more than one county;

(ii) the county’s tax base;

(iii) the county’s maintenance of effort requirement relative to the county’s statutory ability to raise revenues;

(iv) the county’s history of exceeding the required maintenance of effort amount under subsection (a)(1)(ii) of this section;

(v) significant reductions in State aid to the county and municipalities of the county for the fiscal year for which a waiver is requested or new costs imposed on the county or municipalities of the county due to a change in State law, regulation, or policy; and

(vi) the number of waivers the county has received in the past 5 years.

(4) The Board of Public Works shall inform the county whether the waiver for a fiscal year is approved or denied in whole or part no later than 60 days after receipt of an application or August 30 of the fiscal year in which the waiver is requested, whichever is later.

(5) If a county is granted a waiver from the maintenance of effort provision in subsection (a)(1)(ii) of this section by either the Board of Public Works or the General Assembly for any fiscal year, the maintenance of effort calculation for the next fiscal year shall be calculated based on the three most recent fiscal years in which the county met the maintenance of effort requirement.

(6) (i) If a county is granted a waiver from the maintenance of effort calculation in subsection (a)(1)(ii) of this section by either the Board of Public Works or the General Assembly for 5 consecutive fiscal years, the county may request a waiver from the Board of Public Works to rebase the maintenance of effort calculation.

(ii) The Board of Public Works shall establish policies and procedures for:

1. requesting a waiver to rebase the maintenance of effort calculation; and

2. determining whether to grant a waiver to rebase the maintenance of effort calculation.

(iii) If a waiver to rebase the maintenance of effort calculation under this paragraph is granted, the maintenance of effort calculation shall be rebased to the average amount of expenditures for fire protection from sources other than the Fund during the 3 preceding fiscal years.

(7) A waiver granted by either the Board of Public Works or the General Assembly may not relieve a county of the requirement under subsection (b)(1) of this section.

(e) (1) The money distributed under this subtitle and allocated to a county shall be:

(i) audited in accordance with the procedures for accounting and auditing of other governmental revenues; or

(ii) accounted for in a format developed by the Secretary.

(2) Money not expended by the county by the end of a fiscal year shall be placed in a special fund for expenditure in the next succeeding fiscal year.

(3) (i) Money distributed under this subtitle that remains unencumbered or unexpended by the county after the second fiscal year shall be repaid to the Secretary for deposit in the Fund.

(ii) The Comptroller may set off any shared revenues due to a county instead of repayment under this subsection.

(4) A volunteer fire, rescue, or ambulance company may not enter into a legal obligation to encumber money received under this subtitle with a duration of more than 2 years without prior approval from the county.

(5) (i) If a written agreement between a county and a volunteer fire, rescue, or ambulance company to encumber money becomes null and void, the money shall be placed in a special fund for expenditure by the county in the next succeeding fiscal year.

(ii) Money distributed under this paragraph that remains unencumbered or unexpended by the county after the second fiscal year shall be repaid to the Secretary for deposit in the Fund.

(iii) The Comptroller may set off any shared revenues due to a county instead of repayment under this paragraph.

(6) If a volunteer fire, rescue, or ambulance company creates a legal obligation to encumber money received from the Fund, the Secretary shall consider the legal obligation to be an encumbrance of the county for purposes of this subtitle.

(7) (i) Money distributed under this subtitle to be expended by a volunteer or municipal fire, rescue, or ambulance company shall be:

1. maintained in a separate bank account; and

2. except as provided in subparagraph (ii) of this paragraph, audited in the same manner as other money of the volunteer or municipal company is audited.

(ii) Money distributed under this subtitle to a volunteer or municipal fire, rescue, or ambulance company may be accounted for in a format developed by the Secretary.

(iii) Copies of the audit of the separate bank account shall be submitted to the respective county government and to the Maryland Department of Emergency Management.

(8) (i) A county or municipality may hold money distributed under this subtitle to a fire, rescue, or ambulance company in the county or municipality’s bank account.

(ii) Money held by a county or municipality under subparagraph (i) of this paragraph may be maintained in a bank account with other county or municipal funds.

(iii) Money held by a county or municipality under subparagraph (i) of this paragraph shall be:

1. audited in accordance with the procedures for accounting and auditing of other governmental revenues; or

2. accounted for in a format developed by the Secretary.
Md. Code, Criminal Law § 8-605 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-605
§8–605.
Status: in_force

(a) (1) A person may not counterfeit, cause to be counterfeited, or willingly aid or assist in counterfeiting:

(i) a commission, patent, pardon, order for release, or other court document; or

(ii) a warrant, certificate, or other public security from which money may be drawn from the treasury of the State.

(2) A person may not write, sign, or possess a counterfeit:

(i) commission, patent, pardon, order for release, or other court document; or

(ii) warrant, certificate, or other public security from which money may be drawn from the treasury of the State.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 2 years and not exceeding 10 years.
Md. Code, Transportation § 8-602 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

(a) The Administration shall:

(1) Keep all State highways reasonably clear of brush, snow, and other debris; and

(2) Remove from a State highway, as soon as its presence is made known to the Administration, any animal carcass that will impede traffic or substantially endanger the safety of the traveling public.

(b) (1) In removing snow from highways in Garrett County, the Administration:

(i) Shall avoid blocking completely the entrance to any home or business adjacent to the highway; and

(ii) May not throw or pile snow against any building in any way that interferes with the use of the building by its owner or occupant.

(2) If, in unusual circumstances, the entrance to any home or business is blocked in the course of snow removal, the Administration shall unblock the entrance within a reasonable time.

(c) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Farm truck” has the meaning stated in § 13–921 of this article.

(iii) “Local state of emergency” means a local state of emergency declared under § 14–111 of the Public Safety Article.

(iv) “State of emergency” means a state of emergency declared under § 14–107 of the Public Safety Article.

(2) In the event of a state of emergency or a local state of emergency, including snow, hurricane, windstorm, or a similar event, the Administration may request that the owner of a farm truck allow the Administration to use the farm truck to assist in snow removal.

(3) The owner of a farm truck may refuse a request made under paragraph (2) of this subsection to allow the Administration to use the farm truck.

(4) The owner of a farm truck may not allow the farm truck to be used under this subsection to assist in snow removal outside of the county in which the farm truck is registered.

(5) The Administration shall compensate the owner of a farm truck that is used by the Administration for snow removal.

(6) This subsection applies only if the farm truck meets the following minimum requirements:

(i) The farm truck passed its most recent inspection under § 23–302 of this article;

(ii) The operator of the farm truck possesses a valid commercial driver’s license and a current medical card;

(iii) The owner of the farm truck meets minimum insurance requirements; and

(iv) The farm truck uses ultra–low sulfur diesel fuel while being used to assist the Administration in snow removal.

(7) The Administration may adopt regulations to carry out the provisions of this subsection.
Md. Code, Natural Resources § 8-410 — MD Code / Article gnr / Title 8 / Subtitle 4 / Section 8-410
§8–410.
Status: in_force

(a) If the prohibitions of § 8–408 of this subtitle or of any regulation that the Secretary adopts for the Scenic and Wild Rivers Program would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property that is taken, providing that the acquisition has been previously approved by the General Assembly.

(b) (1) As to any water or land areas within that portion of the Youghiogheny River that is designated by § 8–408(a) of this subtitle as a wild river, funds under the open space program may be used to purchase any restriction, whether drafted in the form of an easement, covenant, or condition, that prohibits or limits the use of any of the water or land areas or any improvement or appurtenance to the water or land areas for any of the purposes listed in § 2–118(b) of the Real Property Article.

(2) The restriction creates an incorporeal property interest in the water or land areas or the improvement or appurtenance to the water or land areas, so restricted, that is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas or the improvement or appurtenance to the water or land areas, if the restriction is executed in compliance with the requirements of the Real Property Article for the execution of deeds or the Estates and Trusts Article for the execution of wills.
Md. Code, Public Utilities § 8-303 — MD Code / Article gpu / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

(a) A telegraph company engaged in the business of transmitting communications by telegraph in the State and charging tolls for providing this service shall show conspicuously on each telegram delivered:

(1) under the caption “time filed”, the time the telegram was filed at the place of origin for transmission; and

(2) under the caption “time received”, the time the telegram was received at the office from which it is to be delivered.

(b) A telegraph company is liable for a fine of not less than $10 and not more than $200 for each telegram it delivers in violation of subsection (a) of this section.
Md. Code, Transportation § 8-327 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-327
§8–327.
Status: reserved

(a) (1) There is a board of property review in each county.

(2) If necessary, additional boards may be appointed in any county.

(b) (1) Each board of property review of a county has three members who are appointed by the judges of the circuit court for the county.

(2) Of the members of each board:

(i) One shall be a lawyer;

(ii) One shall be a farmer engaged in some agricultural pursuit; and

(iii) One shall be an engineer or a person with an engineering background and knowledge.

(3) A member of the General Assembly may not be a member of a board during his term of office.

(c) (1) Each board member serves for a term of 2 years and until his successor is appointed and qualifies.

(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

(d) A board member is entitled to the per diem compensation set by the Supreme Court of Maryland. The compensation shall be uniform statewide and shall be paid monthly by the Commission, on vouchers approved by the clerk of the court.

(e) Each board shall appoint its chairman and may adopt rules not inconsistent with this title or the Maryland Rules.

(f) Each county shall provide a suitable place for its board to meet and, whenever possible, the clerk of the court shall provide suitable clerical assistance. If the clerk fails to provide clerical assistance, the Administration shall provide it on request of the board.

(g) Each board is under the jurisdiction of the court and each member of the board is an officer of the court.
Md. Code, Courts and Judicial Proceedings § 8-413 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-413
§8–413.
Status: in_force

In addition to any grand jury that a jury plan for a county requires for a set period, on petition of a State’s Attorney, the county administrative judge may summons one or more grand juries.
Md. Code, Agriculture § 8-803.5 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-803.5
§8–803.
Status: in_force

§8–803.5.

(a) In this section, “fertilizer” means commercial fertilizer and specialty fertilizer.

(b) (1) This section applies to a person who applies fertilizer to:

(i) Property that is not used for agricultural purposes; or

(ii) State property that is not used for agricultural purposes.

(2) This section does not apply to the application of fertilizer on commercial farms.

(c) A person may not:

(1) Apply fertilizer intended for use on turf to an impervious surface; and

(2) Apply fertilizer containing phosphorus or nitrogen to turf:

(i) Before March 1 or after November 15 of any calendar year; or

(ii) At any time when the ground is frozen.

(d) (1) Except as provided in paragraph (2) of this subsection, a person may not apply fertilizer containing phosphorus or nitrogen to turf that is within 15 feet of:

(i) Surface water subject to the jurisdiction of the State;

(ii) The Chesapeake Bay and its tributaries;

(iii) A pond within the State;

(iv) A lake within the State;

(v) A river within the State;

(vi) A stream within the State;

(vii) A public ditch within the State;

(viii) A tax ditch within the State; or

(ix) A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

(2) When a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used for fertilizer application, the setback required under paragraph (1) of this subsection may be reduced to 10 feet.

(3) The establishment of setbacks for fertilizer application under this subsection does not preclude the establishment or applicability of, or compliance with, any other environmental standards established under any other State or federal law, rule, or regulation.

(e) Except as provided in subsections (c) and (d) of this section, a person may apply fertilizer to turf containing phosphorus if the person:

(1) Determines that the fertilizer is necessary for the specific soils and target vegetation in accordance with a soil test performed no more than 3 years before the fertilizer application, provided the application complies with the recommendations established by the University of Maryland;

(2) Is establishing vegetation for the first time, such as after land disturbance, provided the application complies with the recommendations established by the University of Maryland; or

(3) Is reestablishing or repairing a turf area.

(f) (1) Except as provided in paragraph (2) of this subsection and in addition to the requirements set forth in this section, a person, other than a professional fertilizer applicator, may not:

(i) Apply fertilizer to turf in an amount that is inconsistent with the annual recommended rate established by the University of Maryland;

(ii) Apply nitrogen to turf:

1. At an application rate of more than 0.7 pounds per 1,000 square feet of water–soluble nitrogen; or

2. At an application rate that is more than 0.9 pounds per 1,000 square feet of total nitrogen, at least 20% of which shall consist of slow–release nitrogen; and

(iii) Apply fertilizer to a golf course.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a person may apply an enhanced efficiency fertilizer:

1. At an annual application rate of no more than 2.5 pounds per 1,000 square feet of nitrogen; and

2. That has a release rate of no more than 0.7 pounds per 1,000 square feet of nitrogen per month.

(ii) The annual total application rate of an enhanced efficiency fertilizer may not exceed 80% of the annual recommendation rate established by the University of Maryland.

(iii) Enhanced efficiency fertilizers may not be applied after November 15 or before March 1 of each calendar year.

(g) A county or municipality may enforce this section.

(h) The Department may adopt regulations to implement this section.
Md. Code, Labor and Employment § 8-611 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-611
§8–611.
Status: in_force

(a) For each employing unit, the Secretary shall keep an earned rating record that shows all benefits that are based on covered employment that was performed for the employing unit.

(b) Except as provided in subsection (d) of this section, the Secretary shall charge pro rata against the earned rating record of each base period employer all regular benefits and the share of extended benefits required under subsection (c) of this section in the same proportion as the wages paid by the base period employer is to the total wages of the claimant during the base period, and rounded to the nearest dollar.

(c) (1) Notwithstanding any other provision of this title, the Secretary may not charge against the earned rating record of an employing unit an extended benefit payment for which the State receives full reimbursement from the federal government.

(2) Except as provided in subsection (d) of this section, the appropriate share of extended benefits:

(i) for a governmental entity, is all extended benefits paid to a claimant; and

(ii) for other employing units, is 50% of extended benefits paid to a claimant.

(d) The Secretary shall charge all regular and extended benefits paid to a claimant against the earned rating record of an employing unit that caused the claimant’s unemployment during any period in which the unemployment is caused by a shutdown of the employing unit:

(1) to have employees take their vacations at the same time;

(2) for inventory;

(3) for retooling; or

(4) for any other purpose that is primarily other than a lack of work and that causes unemployment for a definite period.

(e) The Secretary may not charge benefits paid to a claimant against the earned rating record of an employing unit if:

(1) the claimant left employment voluntarily without good cause attributable to the employing unit;

(2) the claimant was discharged by the employing unit for gross misconduct as defined in § 8–1002 of this title;

(3) the claimant was discharged by the employing unit for aggravated misconduct as defined in § 8–1002.1 of this title;

(4) the claimant left employment voluntarily to accept better employment or enter training approved by the Secretary;

(5) the employing unit participates in a work release program that is designed to give an incarcerated individual of a correctional institution an opportunity to work while imprisoned and unemployment was the result of the claimant’s release from prison;

(6) the claimant was paid additional training benefits under § 8–812 of this title; or

(7) the claimant left employment for good cause directly attributable to the claimant or the claimant’s spouse, minor child, or parent being a victim of domestic violence as defined in § 8–1001(b)(3) of this title.

(f) (1) Except as provided in paragraph (2) of this subsection, if the Secretary determines before the first day of the calendar year for which the rate is assigned, that benefits that have been charged against the earned rating record of an employing unit are recoverable under § 8–809 of this title, the Secretary shall remove those charges from the earned rating record before computation of the earned rate.

(2) (i) The Secretary may not remove a benefit charge from an earned rating record if:

1. the benefit was paid as a direct or indirect result of the failure of the employing unit, or the employing unit’s agent, to provide timely or adequate information relating to a claim for benefits in response to a request for information made by the Secretary under this title or regulations adopted to carry out this title; and

2. the employing unit, or the employing unit’s agent, has not shown good cause for failing to provide timely or adequate information.

(ii) In determining whether the Secretary is prohibited from removing a benefit charge under subparagraph (i) of this paragraph:

1. an employing unit, or the employing unit’s agent, must raise the issue of good cause in writing for the issue to be considered; and

2. the employing unit, or the employing unit’s agent, has the burden of proving there was good cause for failing to provide timely or adequate information.

(g) The Secretary may not charge the earned rating record of an employing unit that has employed a claimant on a continuous part–time basis and continues to do so while the claimant is separated from other employment and is eligible for benefits because of that separation.

(h) The Secretary may not charge the earned rating record of an employing unit for benefits that are paid to a claimant during a period in which the claimant is disqualified as a result of a reversal or redetermination.

(i) (1) If, as a direct or indirect result of an erroneous report of wages or other information by an employing unit, benefits are paid to a claimant who is not entitled to the benefits, the Secretary shall charge the benefits against the earned rating record of the employing unit responsible for the erroneous report.

(2) Notwithstanding paragraph (1) of this subsection, on request of an employing unit, the Secretary for cause may waive a charge to the employing unit earned rating record that results from erroneous report by the employing unit.

(j) (1) If the Secretary allows an adjustment or refund under this title, the Secretary shall correct the employing unit’s earned rating record.

(2) (i) The Secretary may not change an earned rate assigned to an employing unit as a result of an adjustment or refund unless under this title the application is submitted by the December 31 preceding the calendar year for which the rate is assigned.

(ii) The Secretary shall waive the December 31 deadline for good cause.

(k) (1) Subject to paragraph (3) of this subsection, the Secretary may waive the charge of benefits paid to a claimant against the earned rating record of an employing unit if:

(i) the benefits are paid to the claimant during a period in which the claimant is temporarily unemployed because the employing unit shut down due to a natural disaster; and

(ii) the Governor declared a state of emergency due to the natural disaster.

(2) If the Secretary waives the charge of benefits under paragraph (1) of this subsection, the waiver may be in effect only until the earlier of:

(i) 4 months after the natural disaster; or

(ii) the date the employing unit reopens.

(3) The Secretary shall waive the charge of benefits paid to a claimant against the earned rating record of an employing unit for any claim of benefits if:

(i) the claim is determined by the Secretary to be related to the reduced operations of the Port of Baltimore due to the collapse of the Francis Scott Key Bridge; and

(ii) the employing unit had no direct or indirect control over the actions leading to the disruption in employment.
Md. Code, Business Regulation § 8-403 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) The Commission shall:

(1) establish a Home Improvement Guaranty Fund;

(2) keep the Fund at a level of at least $1,000,000; and

(3) submit a report detailing actions being taken to restore the balance of the Fund to a sustainable level to the Senate Committee on Education, Energy, and the Environment and the House Economic Matters Committee within 30 days of projecting that the Fund balance will be less than $1,000,000.

(b) (1) Except as otherwise provided by law, the Commission shall deposit all money collected to the credit of the Fund with the State Treasurer for placement in a special account.

(2) (i) The Commission shall establish and maintain within the Fund a separate account to be held with the State Treasurer for the payment of necessary expenses for expert witnesses used to resolve claims against the Fund.

(ii) One–half of the money collected under § 8–620(c) of this title shall be credited to the account established in subparagraph (i) of this paragraph.

(iii) One–half of the money collected under § 8–620(c) of this title shall be credited to the General Fund of the State.

(3) (i) The State Treasurer shall invest the money in the Fund in the same way that money in the State Retirement and Pension System is invested.

(ii) Investment earnings shall be credited to the Fund.

(c) The Commission shall administer the Fund in accordance with this subtitle.
Md. Code, Labor and Employment § 8-617 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-617
§8–617.
Status: in_force

(a) (1) A nonprofit organization may make an election that is effective on the day on which the Secretary determines that the organization is an employing unit by submitting to the Secretary a written notice of the election not later than 30 days after the determination.

(2) A nonprofit organization that makes an election under this subsection shall continue to be liable for reimbursement payments:

(i) for at least 1 year; and

(ii) until it submits a termination of the election under subsection (b) of this section.

(3) After termination of an election a nonprofit organization shall continue to be liable for the amount of regular and work sharing benefits and 50% of extended benefits that are attributable to base period wages paid during the period of its election.

(b) To terminate an election under this section, an employer shall submit to the Secretary a written notice of termination at least 30 days before the beginning of the calendar year for which the termination first shall be effective.

(c) (1) A nonprofit organization that has been paying contributions may make an election by submitting to the Secretary a written notice of the election at least 30 days before the beginning of a calendar year.

(2) A nonprofit organization that makes an election under this subsection shall continue to be liable for reimbursement payments:

(i) for at least 2 calendar years; and

(ii) until it submits a termination of the election under paragraph (3) of this subsection.

(3) To terminate an election under this section, a nonprofit organization shall submit to the Secretary a written notice of termination at least 30 days before the beginning of the calendar year for which the termination first shall be effective.

(d) The earned rating record of a nonprofit organization that elects to make reimbursement payments shall continue to be charged for regular and work sharing benefits and 50% of extended benefits that are attributable to base period wages paid during the period in which it paid contributions.

(e) The Secretary:

(1) for good cause may extend the period within which a nonprofit organization may submit a notice of election or notice of termination of election; and

(2) may allow an election to be retroactive.

(f) In accordance with regulations adopted to carry out this title, the Secretary shall notify each nonprofit organization of any determination that the Secretary makes about:

(1) its status as an employing unit; or

(2) the effective date of an election or termination of election.

(g) A determination by the Secretary under subsection (f) of this section is final and not subject to appeal unless, within 30 days after the determination is sent to the employer, a nonprofit organization requests a review determination in accordance with § 8–604 of this subtitle.
Md. Code, Natural Resources § 8-205 — MD Code / Article gnr / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

(a) In this section, “Fund” means the State Lakes Protection and Restoration Fund.

(b) There is a State Lakes Protection and Restoration Fund.

(c) The purpose of the Fund is to protect and restore State–owned lakes.

(d) The Secretary shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Money appropriated in the State budget to the Fund; and

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

(g) The Fund may be used only for the protection or restoration of State–owned lakes.

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

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

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

(j) Money expended from the Fund for the protection or restoration of State–owned lakes is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the protection or restoration of State–owned lakes.
Md. Code, Real Property § 8-402 — MD Code / Article grp / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: reserved

(a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.

(2) The damages awarded to a landlord against the tenant or someone holding under the tenant, may not be less than the apportioned rent for the period of holdover at the rate under the lease.

(3) (i) Any action to recover damages under this section may be brought by suit separate from the eviction or removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.

(ii) The court may also give judgment in favor of the landlord for the damages determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons, or, in the case of a nonresidential tenancy, there was such service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort.

(iii) A nonresidential tenant who was not personally served with a summons shall not be subject to personal jurisdiction of the court if that tenant asserts that the appearance is for the purpose of defending an in rem action prior to the time that evidence is taken by the court.

(4) Nothing in this section is intended to limit any other remedies which a landlord may have against a holdover tenant under the lease or under applicable law.

(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice as required under subsection (c) of this section to the tenant or to the person actually in possession of the property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court of the county where the property is located.

(ii) Subject to subparagraph (iii) of this paragraph:

1. The court shall issue a summons directed to any constable or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify the tenant, assignee, or subtenant to appear on a day stated in the summons before the court to show cause why restitution should not be made to the landlord;

2. The constable or sheriff shall serve the summons on the tenant, assignee, or subtenant on the property, or on the known or authorized agent of the tenant, assignee, or subtenant;

3. If, for any reason the tenant, assignee, or subtenant on the property or the known or authorized agent of the tenant, assignee, or subtenant cannot be found, the constable or sheriff shall affix an attested copy of the summons conspicuously on the property; and

4. After notice to the tenant, assignee, or subtenant by first–class mail, the affixing of the summons on the property shall be conclusively presumed to be a sufficient service to support restitution.

(iii) 1. This subparagraph applies only if the landlord or the landlord’s spouse:

A. Is on active duty with the United States military;

B. Has relocated to the State as a direct result of being on active duty with the United States military;

C. Intends to occupy the property that is the subject of a complaint under this section following the entry of a judgment under this section; and

D. Submits documentation supporting the requirements of this subparagraph with the complaint.

2. The court shall order in the summons required under subparagraph (ii) of this paragraph that the tenant, assignee, or subtenant appear before the court on a day not later than 45 days after the date the landlord makes a complaint under this section to repossess the property.

3. If the constable or sheriff of the county fails to serve the summons required under subparagraph (ii) of this paragraph within 10 days after the summons is issued by the court, the summons may be served by a private process server.

(iv) On the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than 6 days or more than 10 days after the day first stated and notify the parties of the continuance.

(2) (i) If on hearing the parties, or in case the tenant or person in possession shall neglect to appear after the summons and continuance the court shall find that the landlord had been in possession of the leased property, that the said tenancy is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant or person in possession and that the tenant or person in possession had refused so to do, the court shall give judgment for the restitution of the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties commanding the tenant or person in possession forthwith to deliver to the landlord possession thereof in as full and ample manner as the landlord was possessed of the same at the time when the tenancy was made, and shall give judgment for costs against the tenant or person in possession so holding over.

(ii) Either party shall have the right to appeal therefrom to the circuit court for the county within 10 days from the judgment.

(iii) If the tenant appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that the tenant will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the landlord may suffer by reason of the tenant’s holding over, including the value of the premises during the time the tenant shall so hold over, then the tenant or person in possession of said premises may retain possession thereof until the determination of said appeal.

(iv) The appellate court shall, on application of either party, set a day for the hearing of the appeal, not less than 5 days or more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or that party’s counsel at least 5 days before the hearing.

(v) If the judgment of the District Court shall be in favor of the landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.

(3) A warrant of restitution under paragraph (2)(i) of this subsection shall be executed in compliance with the provisions of § 8–407 of this subtitle.

(c) (1) This subsection applies to all cases of tenancies at the expiration of a stated term, tenancies from year to year, tenancies from month to month, and tenancies from week to week.

(2) Except as provided in paragraphs (3) and (4) of this subsection, a landlord shall provide written notice of the intent to terminate a tenancy:

(i) If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy;

(ii) In the case of tenancies from year to year, including tobacco farm tenancies from year to year but excluding all other farm tenancies from year to year, 90 days before the expiration of the current year of the tenancy;

(iii) In the case of tenancies from year to year for all other farm tenancies, 180 days before the expiration of the current year of the tenancy; and

(iv) In the case of tenancies from week to week:

1. If the parties have a written lease, 7 days before the expiration of the tenancy; or

2. If the parties do not have a written lease, 21 days before the expiration of the tenancy.

(3) (i) When the tenant shall give notice by parol to the landlord or to the landlord’s agent or representatives, at least 30 days before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 90 days’ notice in all cases of tenancy from year to year (except in all cases of farm tenancy, the notice shall be 180 days), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the landlord, the landlord’s agent, or representative shall prove the notice from the tenant by competent testimony, it shall not be necessary for the landlord, the landlord’s agent or representative to provide a written notice to the tenant, but the proof of such notice from the tenant as aforesaid shall entitle the landlord to recover possession of the property hereunder.

(ii) This paragraph shall not apply in Baltimore City.

(4) (i) This paragraph does not apply to a property that is:

1. In Baltimore City or Montgomery County;

2. Owned by a landlord who offers 5 or more residential dwelling units for rent in the State; or

3. Subject to an order to docket under § 7–105.1(e) of this article.

(ii) If a landlord receives notice of an intent to foreclose on the property under § 7–105.1(c)(1) of this article and desires to terminate the tenancy, the landlord shall provide written notice of the intent to terminate a tenancy:

1. At least 30 days before the expiration of the lease in cases of tenancies from month to month or tenancies from week to week; or

2. At least 60 days before the expiration of the lease in cases of tenancies from year to year.

(5) (i) Acceptance of any payment after notice but before eviction shall not operate as a waiver of any notice to quit, notice of intent to vacate or any judgment for possession unless the parties specifically otherwise agree in writing.

(ii) Any payment accepted shall be first applied to the rent or the equivalent of rent apportioned to the date that the landlord actually recovers possession of the premises, then to court costs, including court awarded damages and legal fees and then to any loss of rent caused by the holdover.

(iii) Any payment which is accepted in excess of the foregoing shall not bear interest but will be returned to the tenant in the same manner as security deposits as defined under § 8–203 of this title but shall not be subject to the penalties of that section.

(d) Unless stated otherwise in the written lease and initialed by the tenant, when a landlord consents to a holdover tenant remaining on the premises, the holdover tenant becomes a periodic week–to–week tenant if the tenant was a week–to–week tenant before the tenant’s holding over, and a periodic month–to–month tenant in all other cases.
Md. Code, Criminal Law § 8-201 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

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

(b) “Cardholder” means the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.

(c) (1) “Credit card” means an instrument or device issued by an issuer for the use of a cardholder in obtaining money, goods, services, or anything of value on credit.

(2) “Credit card” includes:

(i) a debit card, access card, or other device for use by a cardholder to effect a transfer of funds through an electronic terminal, telephone, or computer;

(ii) a magnetic tape that orders or authorizes a financial institution to debit or credit an account; and

(iii) a code, account number, or other means of account access that is not encoded or truncated and can be used to:

1. obtain money, goods, services, or anything of value; or

2. initiate a transfer of funds.

(3) “Credit card” does not include a check, draft, or similar paper instrument.

(d) “Issuer” means a business organization or financial institution that issues a credit card or the authorized agent of the business organization or financial institution.
Md. Code, Natural Resources § 8-4A-01 — MD Code / Article gnr / Title 8 / Subtitle 4A / Section 8-4A-01
§8–4A–01.
Status: in_force

§8–4A–01. IN EFFECT

The Governor is hereby authorized and directed to execute a Compact on behalf of the State of Maryland with the State of West Virginia, with participation through concurrence by the United States Army Corps of Engineers legally joining in the form substantially as follows:

Jennings Randolph Lake Project Compact

Preamble

WHEREAS, the signatory parties hereto desire to provide for joint natural resource management and enforcement of laws and regulations pertaining to natural resources and boating at the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral County, West Virginia, for which they have a joint responsibility; and they declare as follows:

1. The Congress, under Public Law 87–874, authorized the development of the Jennings Randolph Lake Project for the North Branch of the Potomac River substantially in accordance with House Document Number 469, 87th Congress, 2nd Session for flood control, water supply, water quality, and recreation; and

2. Section 4 of the Flood Control Act of 1944 (CH 665, 58 Stat. 534) provides that the Chief of Engineers, under the supervision of the Secretary of War (now Secretary of the Army), is authorized to construct, maintain and operate public park and recreational facilities in reservoir areas under control of such Secretary for the purpose of boating, swimming, bathing, fishing, and other recreational purposes, so long as the same is not inconsistent with the laws for the protection of fish and wildlife of the State(s) in which such area is situated; and

3. Pursuant to the authorities cited above, the U.S. Army Engineer District (Baltimore), hereinafter “District”, did construct and now maintains and operates the Jennings Randolph Lake Project; and

4. The National Environmental Policy Act of 1969 (P.L. 91–190) encourages productive and enjoyable harmony between man and his environment, promotes efforts which will stimulate the health and welfare of man, and encourages cooperation with State and local governments to achieve these ends; and

5. The Fish and Wildlife Coordination Act (16 U.S.C. 661–666c) provides for the consideration and coordination with other features of water–resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation; and

6. The District has Fisheries and Wildlife Plans as part of the District’s project Operational Plan Management; and

7. In the respective States, the Maryland Department of Natural Resources (hereinafter referred to as Maryland DNR) and the West Virginia Division of Natural Resources (hereinafter referred to as West Virginia DNR) are primarily responsible for providing a system of control, propagation, management, protection, and regulation of natural resources and boating in Maryland and West Virginia and the enforcement of laws and regulations pertaining to those resources as provided in Annotated Code of Maryland Natural Resources Article and West Virginia Chapter 20, respectively, and the successors thereof; and

8. The District, the Maryland DNR, and the West Virginia DNR are desirous of conserving, perpetuating and improving fish and wildlife resources and recreational benefits of the Jennings Randolph Lake Project; and

9. The District and the States of Maryland and West Virginia wish to implement the aforesaid acts and responsibilities through this Compact and they each recognize that consistent enforcement of the natural resources and boating laws and regulations can best be achieved by entering this Compact;

Now, therefore

The States of Maryland and West Virginia, with the concurrence of the United States Department of the Army, Corps of Engineers, hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by The Congress of the United States and by the respective state legislatures, to the Jennings Randolph Lake Project Compact, which consists of this preamble and the articles that follow:

Article I – Name, Findings, and Purpose

1.1 This compact shall be known and may be cited as the Jennings Randolph Lake Project Compact.

1.2 The legislative bodies of the respective signatory parties, with the concurrence of the U.S. Army Corps of Engineers, hereby find and declare:

1. The water resources and project lands of the Jennings Randolph Lake Project are affected with local, state, regional, and national interest, and the planning, conservation, utilization, protection and management of these resources, under appropriate arrangements for inter–governmental cooperation, are public purposes of the respective signatory parties.

2. The lands and waters of the Jennings Randolph Lake Project are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact that, notwithstanding any boundary between Maryland and West Virginia that preexisted the creation of Jennings Randolph Lake, the parties will have and exercise concurrent jurisdiction over any lands and waters of the Jennings Randolph Lake Project concerning natural resources and boating laws and regulations in the common interest of the people of the region.

Article II – District Responsibilities

The District, within the Jennings Randolph Lake Project,

2.1 Acknowledges that the Maryland DNR and West Virginia DNR have authorities and responsibilities in the establishment, administration and enforcement of the natural resources and boating laws and regulations applicable to this project, provided that the laws and regulations promulgated by the States support and implement, where applicable, the intent of the Rules and Regulations Governing Public Use of Water Resources Development Projects administered by the Chief of Engineers in Title 36, Chapter III, Part 327, Code of Federal Regulations,

2.2 Agrees to practice those forms of resource management as determined jointly by the District, Maryland DNR and West Virginia DNR to be beneficial to natural resources and which will enhance public recreational opportunities compatible with other authorized purposes of the project,

2.3 Agrees to consult with the Maryland DNR and West Virginia DNR prior to the issuance of any permits for activities or special events which would include, but not necessarily be limited to: fishing tournaments, training exercises, regattas, marine parades, placement of ski ramps, slalom water ski courses and the establishment of private markers and/or lighting. All such permits issued by the District will require the permittee to comply with all State laws and regulations,

2.4 Agrees to consult with the Maryland DNR and West Virginia DNR regarding any recommendations for regulations affecting natural resources including, but not limited to, hunting, trapping, fishing or boating at the Jennings Randolph Lake Project which the District believes might be desirable for reasons of public safety, administration, or public use and enjoyment,

2.5 Agrees to consult with the Maryland DNR and West Virginia DNR relative to the marking of the lake with buoys, aids to navigation, regulatory markers and establishing and posting of speed limits, no wake zones, restricted or other control areas and to provide, install and maintain such buoys, aids to navigation and regulatory markers as are necessary for the implementation of the District’s Operational Management Plan. All buoys, aids to navigation and regulatory markers to be used shall be marked in conformance with the Uniform State Waterway Marking System,

2.6 Agrees to allow hunting, trapping, boating and fishing by the public in accordance with the laws and regulations relating to the Jennings Randolph Lake Project,

2.7 Agrees to provide, install and maintain public ramps, parking areas, courtesy docks, etc., as provided for by the approved Corps of Engineers Master Plan, and

2.8 Agrees to notify the Maryland DNR and the West Virginia DNR of each reservoir drawdown prior thereto excepting drawdown for the reestablishment of normal lake levels following flood control operations and drawdown resulting from routine water control management operations described in the reservoir regulation manual including releases requested by water supply owners and normal water quality releases. In case of emergency releases or emergency flow curtailments, telephone or oral notification will be provided. The District reserves the right, following issuance of the above notice, to make operational and other tests which may be necessary to insure the safe and efficient operation of the dam, for inspection and maintenance purposes, and for the gathering of water quality data both within the impoundment and in the Potomac River downstream from the dam.

Article III – State Responsibilities

The State of Maryland and the State of West Virginia agree:

3.1 That each State will have and exercise concurrent jurisdiction with the District and the other State for the purpose of enforcing the civil and criminal laws of the respective States pertaining to natural resources and boating laws and regulations over any lands and waters of the Jennings Randolph Lake Project;

3.2 That existing natural resources and boating laws and regulations already in effect in each State shall remain in force on the Jennings Randolph Lake Project until either State amends, modifies or rescinds its laws and regulations;

3.3 That the Agreement for Fishing Privileges dated June 24, 1985 between the State of Maryland and the State of West Virginia, as amended, remains in full force and effect;

3.4 To enforce the natural resources and boating laws and regulations applicable to the Jennings Randolph Lake Project;

3.5 To supply the District with the name, address and telephone number of the person(s) to be contacted when any drawdown except those resulting from normal regulation procedures occurs;

3.6 To inform the Reservoir Manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project;

3.7 To provide training to District employees in order to familiarize them with natural resources and boating laws and regulations as they apply to the Jennings Randolph Lake Project; and

3.8 To recognize that the District and other Federal Agencies have the right and responsibility to enforce, within the boundaries of the Jennings Randolph Lake Project, all applicable Federal laws, rules and regulations so as to provide the public with safe and healthful recreational opportunities and to provide protection to all federal property within the project.

Article IV – Mutual Cooperation

4.1 Pursuant to the aims and purposes of this Compact, the State of Maryland, the State of West Virginia and the District mutually agree that representatives of their natural resource management and enforcement agencies will cooperate to further the purposes of this Compact. This cooperation includes, but is not limited to, the following:

4.2 Meeting jointly at least once annually, and providing for other meetings as deemed necessary for discussion of matters relating to the management of natural resources and visitor use on lands and waters within the Jennings Randolph Lake Project;

4.3 Evaluating natural resources and boating, to develop natural resource and boating management plans and to initiate and carry out management programs;

4.4 Encouraging the dissemination of joint publications, press releases or other public information and the interchange between parties of all pertinent agency policies and objectives for the use and perpetuation of natural resources of Jennings Randolph Lake Project; and

4.5 Entering into working arrangements as occasion demands for the use of lands, waters, construction and use of buildings and other facilities at the project.

Article V – General Provisions

5.1 Each and every provision of this Compact is subject to the laws of the States of Maryland and West Virginia and the laws of the United States, and the delegated authority in each instance.

5.2 The enforcement and applicability of natural resources and boating laws and regulations referenced in this Compact shall be limited to the lands and waters of the Jennings Randolph Lake Project, including but not limited to the prevailing reciprocal fishing laws and regulations between the States of Maryland and West Virginia.

5.3 Nothing in this Compact shall be construed as obligating any party hereto to the expenditure of funds or the future payment of money in excess of appropriations authorized by law.

5.4 The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of the Jennings Randolph Lake Project Compact is declared to be unconstitutional or inapplicable to any signatory party or agency of any party, the constitutionality and applicability of the Compact shall not be otherwise affected as to any other provision, party, or agency. It is the legislative intent that the provisions of this Compact be reasonably and liberally construed to effectuate the stated purposes of the Compact.

5.5 No member of or delegate to Congress, or signatory shall be admitted to any share or part of this Compact, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

5.6 When this Compact has been ratified by the legislature of each respective State, when the Governor of West Virginia and the Governor of Maryland have executed this Compact on behalf of their respective States and have caused a verified copy thereof to be filed with the Secretary of State of each respective State, when the Baltimore District Engineer of the U.S. Army Corps of Engineers has executed its concurrence with this Compact, and when this Compact has been consented to by the Congress of the United States, then this Compact shall become operative and effective.

5.7 Either State may, by legislative act, after one year’s written notice to the other, withdraw from this Compact. The U.S. Army Corps of Engineers may withdraw its concurrence with this Compact upon one year’s written notice from the Baltimore District Engineer to the Governor of each State.

5.8 This Compact may be amended from time to time.

Each proposed amendment shall be presented in resolution form to the Governor of each State and the Baltimore District Engineer of the U.S. Army Corps of Engineers. An amendment to this Compact shall become effective only after it has been ratified by the legislatures of both signatory States and concurred in by the U.S. Army Corps of Engineers, Baltimore District. Amendments shall become effective thirty days after the date of the last concurrence or ratification.

§8–4A–01. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 37 OF 2004 **

The Governor is hereby authorized and directed to execute a Compact on behalf of the State of Maryland with the State of West Virginia, with participation through concurrence by the United States Army Corps of Engineers legally joining in the form substantially as follows:

Jennings Randolph Lake Project Compact

Preamble

WHEREAS, the signatory parties hereto desire to provide for joint natural resource management and enforcement of natural resources, criminal, and boating laws and regulations at the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral County, West Virginia, for which they have a joint responsibility; and they declare as follows:

1. The Congress, under Public Law 87–874, authorized the development of the Jennings Randolph Lake Project for the North Branch of the Potomac River substantially in accordance with House Document Number 469, 87th Congress, 2nd Session for flood control, water supply, water quality, and recreation; and

2. Section 4 of the Flood Control Act of 1944 (CH 665, 58 Stat. 534) provides that the Chief of Engineers, under the supervision of the Secretary of War (now Secretary of the Army), is authorized to construct, maintain and operate public park and recreational facilities in reservoir areas under control of such Secretary for the purpose of boating, swimming, bathing, fishing, and other recreational purposes, so long as the same is not inconsistent with the laws for the protection of fish and wildlife of the State(s) in which such area is situated; and

3. Pursuant to the authorities cited above, the U.S. Army Engineer District (Baltimore), hereinafter “District”, did construct and now maintains and operates the Jennings Randolph Lake Project; and

4. The National Environmental Policy Act of 1969 (P.L. 91–190) encourages productive and enjoyable harmony between man and his environment, promotes efforts which will stimulate the health and welfare of man, and encourages cooperation with State and local governments to achieve these ends; and

5. The Fish and Wildlife Coordination Act (16 U.S.C. 661–666c) provides for the consideration and coordination with other features of water–resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation; and

6. The District has Fisheries and Wildlife Plans as part of the District’s project Operational Plan Management; and

7. In the respective States, the Maryland Department of Natural Resources (hereinafter referred to as Maryland DNR) and the West Virginia Division of Natural Resources (hereinafter referred to as West Virginia DNR) are primarily responsible for providing a system of control, propagation, management, protection, and regulation of natural resources, criminal activities, and boating in Maryland and West Virginia and the enforcement of laws and regulations pertaining to those resources as provided in Annotated Code of Maryland Natural Resources Article and West Virginia Chapter 20, respectively, and the successors thereof; and

8. The District, the Maryland DNR, and the West Virginia DNR are desirous of conserving, perpetuating and improving fish and wildlife resources and recreational benefits of the Jennings Randolph Lake Project; and

9. The District and the States of Maryland and West Virginia wish to implement the aforesaid acts and responsibilities through this Compact and they each recognize that consistent enforcement of the natural resources, criminal, and boating laws and regulations can best be achieved by entering this Compact;

Now, therefore

The States of Maryland and West Virginia, with the concurrence of the United States Department of the Army, Corps of Engineers, hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by The Congress of the United States and by the respective state legislatures, to the Jennings Randolph Lake Project Compact, which consists of this preamble and the articles that follow:

Article I – Name, Findings, and Purpose

1.1 This compact shall be known and may be cited as the Jennings Randolph Lake Project Compact.

1.2 The legislative bodies of the respective signatory parties, with the concurrence of the U.S. Army Corps of Engineers, hereby find and declare:

1. The water resources and project lands of the Jennings Randolph Lake Project are affected with local, state, regional, and national interest, and the planning, conservation, utilization, protection and management of these resources, under appropriate arrangements for inter–governmental cooperation, are public purposes of the respective signatory parties.

2. The lands and waters of the Jennings Randolph Lake Project are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact that, notwithstanding any boundary between Maryland and West Virginia that preexisted the creation of Jennings Randolph Lake, the parties will have and exercise concurrent jurisdiction over any lands and waters of the Jennings Randolph Lake Project concerning natural resources, criminal, and boating laws and regulations in the common interest of the people of the region.

Article II – District Responsibilities

The District, within the Jennings Randolph Lake Project,

2.1 Acknowledges that the Maryland DNR and West Virginia DNR have authorities and responsibilities in the establishment, administration and enforcement of the natural resources, criminal, and boating laws and regulations applicable to this project, provided that the laws and regulations promulgated by the States support and implement, where applicable, the intent of the Rules and Regulations Governing Public Use of Water Resources Development Projects administered by the Chief of Engineers in Title 36, Chapter III, Part 327, Code of Federal Regulations,

2.2 Agrees to practice those forms of resource management as determined jointly by the District, Maryland DNR and West Virginia DNR to be beneficial to natural resources and which will enhance public recreational opportunities compatible with other authorized purposes of the project,

2.3 Agrees to consult with the Maryland DNR and West Virginia DNR prior to the issuance of any permits for activities or special events which would include, but not necessarily be limited to: fishing tournaments, training exercises, regattas, marine parades, placement of ski ramps, slalom water ski courses and the establishment of private markers and/or lighting. All such permits issued by the District will require the permittee to comply with all State laws and regulations,

2.4 Agrees to consult with the Maryland DNR and West Virginia DNR regarding any recommendations for regulations affecting natural resources including, but not limited to, hunting, trapping, fishing or boating at the Jennings Randolph Lake Project which the District believes might be desirable for reasons of public safety, administration, or public use and enjoyment,

2.5 Agrees to consult with the Maryland DNR and West Virginia DNR relative to the marking of the lake with buoys, aids to navigation, regulatory markers and establishing and posting of speed limits, no wake zones, restricted or other control areas and to provide, install and maintain such buoys, aids to navigation and regulatory markers as are necessary for the implementation of the District’s Operational Management Plan. All buoys, aids to navigation and regulatory markers to be used shall be marked in conformance with the Uniform State Waterway Marking System,

2.6 Agrees to allow hunting, trapping, boating and fishing by the public in accordance with the laws and regulations relating to the Jennings Randolph Lake Project,

2.7 Agrees to provide, install and maintain public ramps, parking areas, courtesy docks, etc., as provided for by the approved Corps of Engineers Master Plan, and

2.8 Agrees to notify the Maryland DNR and the West Virginia DNR of each reservoir drawdown prior thereto excepting drawdown for the reestablishment of normal lake levels following flood control operations and drawdown resulting from routine water control management operations described in the reservoir regulation manual including releases requested by water supply owners and normal water quality releases. In case of emergency releases or emergency flow curtailments, telephone or oral notification will be provided. The District reserves the right, following issuance of the above notice, to make operational and other tests which may be necessary to insure the safe and efficient operation of the dam, for inspection and maintenance purposes, and for the gathering of water quality data both within the impoundment and in the Potomac River downstream from the dam.

Article III – State Responsibilities

The State of Maryland and the State of West Virginia agree:

3.1 That each State will have and exercise concurrent jurisdiction with the District and the other State for the purpose of enforcing the civil and criminal laws of the respective States pertaining to natural resources and boating laws and regulations, and criminal activities over any lands and waters of the Jennings Randolph Lake Project;

3.2 That existing natural resources, criminal, and boating laws and regulations already in effect in each State shall remain in force on the Jennings Randolph Lake Project until either State amends, modifies or rescinds its laws and regulations;

3.3 That the Agreement for Fishing Privileges dated June 24, 1985 between the State of Maryland and the State of West Virginia, as amended, remains in full force and effect;

3.4 To enforce the natural resources, criminal, and boating laws and regulations applicable to the Jennings Randolph Lake Project;

3.5 To supply the District with the name, address and telephone number of the person(s) to be contacted when any drawdown except those resulting from normal regulation procedures occurs;

3.6 To inform the Reservoir Manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project;

3.7 To provide training to District employees in order to familiarize them with natural resources, criminal, and boating laws and regulations as they apply to the Jennings Randolph Lake Project; and

3.8 To recognize that the District and other Federal Agencies have the right and responsibility to enforce, within the boundaries of the Jennings Randolph Lake Project, all applicable Federal laws, rules and regulations so as to provide the public with safe and healthful recreational opportunities and to provide protection to all federal property within the project.

Article IV – Mutual Cooperation

4.1 Pursuant to the aims and purposes of this Compact, the State of Maryland, the State of West Virginia and the District mutually agree that representatives of their natural resource management and enforcement agencies will cooperate to further the purposes of this Compact. This cooperation includes, but is not limited to, the following:

4.2 Meeting jointly at least once annually, and providing for other meetings as deemed necessary for discussion of matters relating to the management of natural resources and visitor use on lands and waters within the Jennings Randolph Lake Project;

4.3 Evaluating natural resources and boating, to develop natural resource and boating management plans and to initiate and carry out management programs;

4.4 Encouraging the dissemination of joint publications, press releases or other public information and the interchange between parties of all pertinent agency policies and objectives for the use and perpetuation of natural resources of Jennings Randolph Lake Project; and

4.5 Entering into working arrangements as occasion demands for the use of lands, waters, construction and use of buildings and other facilities at the project.

Article V – General Provisions

5.1 Each and every provision of this Compact is subject to the laws of the States of Maryland and West Virginia and the laws of the United States, and the delegated authority in each instance.

5.2 The enforcement and applicability of natural resources, criminal, and boating laws and regulations referenced in this Compact shall be limited to the lands and waters of the Jennings Randolph Lake Project, including but not limited to the prevailing reciprocal fishing laws and regulations between the States of Maryland and West Virginia.

5.3 Nothing in this Compact shall be construed as obligating any party hereto to the expenditure of funds or the future payment of money in excess of appropriations authorized by law.

5.4 The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of the Jennings Randolph Lake Project Compact is declared to be unconstitutional or inapplicable to any signatory party or agency of any party, the constitutionality and applicability of the Compact shall not be otherwise affected as to any other provision, party, or agency. It is the legislative intent that the provisions of this Compact be reasonably and liberally construed to effectuate the stated purposes of the Compact.

5.5 No member of or delegate to Congress, or signatory shall be admitted to any share or part of this Compact, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

5.6 When this Compact has been ratified by the legislature of each respective State, when the Governor of West Virginia and the Governor of Maryland have executed this Compact on behalf of their respective States and have caused a verified copy thereof to be filed with the Secretary of State of each respective State, when the Baltimore District Engineer of the U.S. Army Corps of Engineers has executed its concurrence with this Compact, and when this Compact has been consented to by the Congress of the United States, then this Compact shall become operative and effective.

5.7 Either State may, by legislative act, after one year’s written notice to the other, withdraw from this Compact. The U.S. Army Corps of Engineers may withdraw its concurrence with this Compact upon one year’s written notice from the Baltimore District Engineer to the Governor of each State.

5.8 This Compact may be amended from time to time.

Each proposed amendment shall be presented in resolution form to the Governor of each State and the Baltimore District Engineer of the U.S. Army Corps of Engineers. An amendment to this Compact shall become effective only after it has been ratified by the legislatures of both signatory States and concurred in by the U.S. Army Corps of Engineers, Baltimore District. Amendments shall become effective thirty days after the date of the last concurrence or ratification.
Md. Code, Natural Resources § 8-1303 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1303
§8–1303.
Status: in_force

The appropriate county governing body of Howard, Montgomery, Prince George’s, Anne Arundel, Calvert, Charles, and St. Mary’s counties or the duly designated agencies of the appropriate county governing body shall have the jurisdiction, power, and authority to define and create the Patuxent River Watershed in their respective counties. Each shall act cooperatively with the Department and local, county, State, and federal governments to protect areas subject to sediment or erosion damage and prevent encroachment by rapid growth and spread of urban development by creating a program of flood prevention and conservation.
Md. Code, State Government § 8-403 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

This subtitle applies only to the following governmental activities and units:

(1) Acupuncture Board, State (§ 1A–201 of the Health Occupations Article);

(2) Amusement Ride Safety, State Advisory Board (§ 3–303 of the Business Regulation Article);

(3) Apprenticeship and Training Council (§ 11–403 of the Labor and Employment Article);

(4) Architects, State Board of (§ 3–201 of the Business Occupations and Professions Article);

(5) Athletic Commission, State (§ 4–201 of the Business Regulation Article);

(6) Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists, State Board of Examiners for (§ 2–201 of the Health Occupations Article);

(7) Barbers, State Board of (§ 4–201 of the Business Occupations and Professions Article);

(8) Behavior Analyst Advisory Committee (§ 17–6A–05 of the Health Occupations Article);

(9) Boiler Rules, Board of (§ 12–904 of the Public Safety Article);

(10) Cemetery Oversight, Office of (§ 5–201 of the Business Regulation Article);

(11) Chiropractic Examiners, State Board of (§ 3–201 of the Health Occupations Article);

(12) Collection Agency Licensing Board, State (§ 7–201 of the Business Regulation Article);

(13) Community Health Resources Commission, Maryland (§ 19–2102 of the Health – General Article);

(14) Cosmetologists, State Board of (§ 5–201 of the Business Occupations and Professions Article);

(15) Counselors and Therapists, State Board of Professional (§ 17–201 of the Health Occupations Article);

(16) Dental Examiners, State Board of (§ 4–201 of the Health Occupations Article);

(17) Dietetic Practice, State Board of (§ 5–201 of the Health Occupations Article);

(18) Electricians, State Board of Master (§ 6–201 of the Business Occupations and Professions Article);

(19) Elevator Safety Review Board (§§ 12–819 through 12–841 of the Public Safety Article);

(20) Engineers, State Board for Professional (§ 14–201 of the Business Occupations and Professions Article);

(21) Engineers, State Board of Stationary (§ 6.5–201 of the Business Occupations and Professions Article);

(22) Environmental Health Specialists, State Board of (§ 21–201 of the Health Occupations Article);

(23) Financial Regulation, Office of (§ 2–101 of the Financial Institutions Article);

(24) Foresters, State Board of (§ 7–201 of the Business Occupations and Professions Article);

(25) Health Care Commission, Maryland (§ 19–103 of the Health – General Article);

(26) Health Services Cost Review Commission, State (§ 19–202 of the Health – General Article);

(27) Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors, State Board of (§ 9A–201 of the Business Regulation Article);

(28) Home Improvement Commission, Maryland (§ 8–201 of the Business Regulation Article);

(29) Horse Industry Board, Maryland (§ 2–701 of the Agriculture Article);

(30) Individual Tax Preparers, State Board of (§ 21–201 of the Business Occupations and Professions Article);

(31) Interior Designers, State Board of Certified (§ 8–201 of the Business Occupations and Professions Article);

(32) Labor and Industry, Division of (Title 2 of the Labor and Employment Article) and related programs;

(33) Land Surveyors, State Board for Professional (§ 15–201 of the Business Occupations and Professions Article);

(34) Landscape Architects, State Board of Examiners of (§ 9–201 of the Business Occupations and Professions Article);

(35) Law Examiners, State Board of (§ 10–201 of the Business Occupations and Professions Article);

(36) Marine Contractors Licensing Board (§ 17–201 of the Environment Article);

(37) Maryland–Bred Race Fund Advisory Committee (§ 11–531 of the Business Regulation Article);

(38) Massage Therapy Examiners, State Board of (§ 6–201 of the Health Occupations Article);

(39) Morticians and Funeral Directors, State Board of (§ 7–201 of the Health Occupations Article);

(40) Nursing, State Board of (§ 8–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board;

(41) Nursing Home Administrators, State Board of Examiners of (§ 9–201 of the Health Occupations Article);

(42) Occupational Safety and Health Advisory Board (§ 5–302 of the Labor and Employment Article);

(43) Occupational Therapy Practice, State Board of (§ 10–201 of the Health Occupations Article);

(44) On–site Wastewater Professionals, State Board of (§ 9–11A–05 of the Environment Article);

(45) Optometry, State Board of Examiners in (§ 11–201 of the Health Occupations Article);

(46) Pharmacy, State Board of (§ 12–201 of the Health Occupations Article);

(47) Physical Therapy Examiners, State Board of (§ 13–201 of the Health Occupations Article);

(48) Physicians, State Board of (§ 14–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board;

(49) Pilots, State Board of (§ 11–201 of the Business Occupations and Professions Article);

(50) Plumbing, State Board of (§ 12–201 of the Business Occupations and Professions Article);

(51) Podiatric Medical Examiners, State Board of (§ 16–201 of the Health Occupations Article);

(52) Prescription Drug Monitoring Program in the Maryland Department of Health (§ 21–2A–02 of the Health – General Article);

(53) Psychologists, State Board of Examiners of (§ 18–201 of the Health Occupations Article);

(54) Public Accountancy, State Board of (§ 2–201 of the Business Occupations and Professions Article);

(55) Racing Commission, State (§ 11–201 of the Business Regulation Article);

(56) Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, State Commission of (§ 16–201 of the Business Occupations and Professions Article);

(57) Real Estate Commission, State (§ 17–201 of the Business Occupations and Professions Article);

(58) Residential Child Care Program Professionals, State Board for Certification of (§ 20–202 of the Health Occupations Article);

(59) security systems technicians, licensing and regulation of (§ 18–201 of the Business Occupations and Professions Article);

(60) Sign Language Interpreters, State Board of (§ 9–2410 of this article);

(61) Social Work Examiners, State Board of (§ 19–201 of the Health Occupations Article);

(62) Standardbred Race Fund Advisory Committee, Maryland (§ 11–625 of the Business Regulation Article);

(63) Veterinary Medical Examiners, State Board of (§ 2–302 of the Agriculture Article);

(64) Waterworks and Waste Systems Operators, State Board of (§ 12–201 of the Environment Article); and

(65) Well Drillers, State Board of (§ 13–201 of the Environment Article).
Md. Code, Natural Resources § 8-1808.3 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808.3
§8–1808.
Status: in_force

§8–1808.3.

(a) (1) This section applies notwithstanding:

(i) Any other provision of this subtitle; or

(ii) Any criteria or guideline of the Commission adopted under this subtitle.

(2) This section may not be construed to affect a credit applicable to a stormwater management practice that is approved by the Department of the Environment.

(b) Lot coverage in the buffer may not exceed the minimum amount necessary for water–dependent uses, regardless of the critical area classification or the size of the parcel or lot, except:

(1) For a modified buffer area, as mapped or established under an approved local program;

(2) For a variance granted in accordance with this subtitle; or

(3) As provided in a waterfront revitalization area or a waterfront industrial area under a local program.

(c) This section controls over any other requirement concerning lot coverage limitations in limited development areas and resource conservation areas in the critical area.

(d) (1) Except as otherwise provided in this subsection for stormwater runoff, lot coverage is limited to 15% of a parcel or lot.

(2) If a parcel or lot one–half acre or less in size existed on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area, then lot coverage is limited to 25% of the parcel or lot.

(3) If a parcel or lot greater than one–half acre and less than one acre in size existed on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area, then lot coverage is limited to 15% of the parcel or lot.

(4) Unless otherwise restricted by a local jurisdiction, lot coverage in a subdivision approved after December 1, 1985, in the Chesapeake Bay Critical Area or after June 1, 2002, in the Atlantic Coastal Bays Critical Area may not exceed 15%. However, the total lot coverage on an individual lot one acre or less in size may exceed 15%.

(e) This section does not apply to a trailer park that was in residential use on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area.

(f) A local jurisdiction may allow a property owner to exceed the lot coverage limits provided in subsection (d)(2) and (3) of this section if the following conditions exist:

(1) Lot coverage associated with new development activities on the property has been minimized;

(2) For a lot or parcel one–half acre or less in size, total lot coverage does not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 square feet, whichever is greater;

(3) For a lot or parcel greater than one–half acre and less than one acre in size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section or 5,445 square feet, whichever is greater;

(4) Water quality impacts associated with runoff from new development activities that contribute to lot coverage can be and have been minimized through site design considerations or use of best management practices approved by the local jurisdiction to improve water quality;

(5) The property owner performs on–site mitigation as required by the local jurisdiction to offset potential adverse water quality impacts from the new development activities that contribute to lot coverage, or the property owner pays a fee to the local jurisdiction in lieu of performing the on–site mitigation; and

(6) For development that uses pervious materials that have been approved by the Commission as part of a local program, the limits established in items (2) and (3) of this subsection may be exceeded by up to 500 square feet.

(g) All fees collected by a local jurisdiction under subsection (f)(5) of this section must be used to fund projects that improve water quality within the critical area consistent with the jurisdiction’s local critical area protection program.

(h) (1) In this subsection, “legally developed” means that all physical improvements to a property:

(i) Existed before Commission approval of a local program; or

(ii) Were properly permitted in accordance with the local program and impervious surface policies in effect at the time of construction.

(2) (i) A lot or parcel legally developed as of July 1, 2008, may be considered legally nonconforming for purposes of lot coverage requirements.

(ii) For the purpose of increasing lot coverage on a lot or parcel under subparagraph (i) of this paragraph, the lot coverage limitations under this section may not be construed to apply to a development activity for which:

1. A building permit was issued before July 1, 2008; and

2. Construction was initiated and an inspection was performed before July 1, 2009.

(i) A local jurisdiction may grant a variance from the provisions of this section in accordance with the provisions of this subtitle, regulations adopted by the Commission concerning variances as part of local program development set forth in COMAR 27.01.11, and notification of project applications set forth in COMAR 27.03.01.
Md. Code, Corporations and Associations § 8-501 — MD Code / Article gca / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

(a) Except as provided in § 8–202(c) or § 8–203(a)(8) of this title, a declaration of trust may be amended only as provided in this section.

(b) The board of trustees of a real estate investment trust proposing an amendment to its declaration of trust shall:

(1) Adopt a resolution which sets forth the proposed amendment and declares that it is advisable; and

(2) Direct that the proposed amendment be submitted for consideration by the shareholders.

(c) (1) If the proposed amendment is to be considered at a meeting of the shareholders, notice which states that a purpose of the meeting will be to act upon the proposed amendment shall be given by the real estate investment trust in the manner required by its declaration of trust or bylaws to:

(i) Each shareholder entitled to vote on the proposed amendment; and

(ii) Each shareholder not entitled to vote on the proposed amendment if the contract rights of the shareholder’s shares, as expressly set forth in the declaration of trust, would be altered by the amendment.

(2) The notice shall include a copy of the amendment or a summary of the changes it will affect.

(d) The proposed amendment shall be approved by the shareholders of the real estate investment trust by the affirmative vote or written consent of two thirds of all the votes entitled to be cast on the matter.

(e) (1) A declaration of trust may permit the board of trustees, with the approval of two thirds of its members, and without action by the shareholders, to amend the declaration of trust from time to time to qualify as a real estate investment trust under the Internal Revenue Code or under this title.

(2) Notwithstanding subsections (b) and (d) of this section, unless prohibited in the declaration of trust by reference to this subsection or to the subject matter of this subsection, a majority of the entire board of trustees, without action by the shareholders, may amend the declaration of trust in any respect in which the charter of a corporation may be amended in accordance with § 2–605 of this article.

(f) (1) In this subsection, “reverse share split” means a combination of outstanding shares of beneficial interest of a real estate investment trust into a lesser number of shares of beneficial interest of the same class without any change to the aggregate par value of the outstanding shares.

(2) This subsection applies to a real estate investment trust with a class of equity securities registered under the Securities Exchange Act of 1934.

(3) Unless prohibited in the declaration of trust by reference to this subsection or to the subject matter of this subsection, the board of trustees of a real estate investment trust may amend the declaration of trust, with the approval of a majority of the board of trustees and without shareholder action, to effect a reverse share split that results in a combination of shares of beneficial interest at a ratio of not more than 10 shares into 1 share in any 12–month period.

(4) Within 20 days after the effective date of a reverse share split authorized under this subsection, the real estate investment trust shall give written notice of the reverse share split to each holder of record of the combined shares of beneficial interest as of the effective date.

(g) Articles of amendment shall be executed for the real estate investment trust in the manner required by § 1–301 of this article and filed for record with the Department.

(h) (1) The real estate investment trust may not issue any of the shares that are classified, reclassified, or newly authorized by an amendment to the declaration of trust before the time the amendment is filed with the Department.

(2) Notwithstanding paragraph (1) of this subsection:

(i) The shares issued by a real estate investment trust before the time the amendment with respect to the shares is effective shall cease to be voidable as a result of the failure to file the amendment or the articles of amendment and restatement at the time the amendment or the articles are filed; and

(ii) A right or liability accrued by reason of the issuance of the shares before the time the amendment is filed shall be extinguished at the time the amendment or the articles of amendment and restatement are filed, except to the extent that the person having the right or liability has acted detrimentally in reliance on the right or liability solely by reason of the issuance of the shares.
Md. Code, Election Law § 8-202 — MD Code / Article gel / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) A principal political party, as determined by the statement of registration issued by the State Board:

(1) shall use the primary election to:

(i) nominate its candidates for public office; and

(ii) elect all members of the local central committees of the political party; and

(2) may use the primary election in the year of a presidential election to elect delegates to a national presidential nominating convention.

(b) Except for a nominee for President or Vice President, the name of a nominee of a principal political party may not appear on the ballot in a general election if the individual has not:

(1) been nominated in the primary election; or

(2) been designated to fill a vacancy in nomination in accordance with Title 5 of this article.

(c) If a political party chooses to permit voters not affiliated with the party to vote in the party’s primary election, the chairman of the party’s State central committee shall so notify the State Board at least 6 months before the date of the primary election.
Md. Code, Corporations and Associations § 8-206 — MD Code / Article gca / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) The board of trustees of a real estate investment trust may establish one or more committees of the board of trustees composed of one or more trustees and for the delegation to those committees of any of the powers of the board of trustees.

(b) Notwithstanding subsection (a) of this section, the declaration of trust or bylaws of a real estate investment trust, or any agreement to which the real estate investment trust is a party and which has been approved by the board of trustees, may provide for:

(1) The establishment of one or more standing committees or for the creation of one or more committees upon the occurrence of certain events; and

(2) The composition of the membership, and the qualifications and the voting and other rights of members of any such committee, subject to the continued service of members of the committee as trustees.
Md. Code, Real Property § 8A-1001 — MD Code / Article grp / Title 8A / Subtitle 10 / Section 8A-1001
§8A–1001.
Status: in_force

(a) (1) A park owner may not impose a security deposit in excess of the equivalent of 2 months’ rent, or $50, whichever is greater. If a security deposit exceeds this amount, the resident may recover up to threefold the extra money charged, plus reasonable attorney’s fees.

(2) (i) After receiving payment of the initial security deposit from the resident, a park owner may not increase the security deposit.

(ii) If the resident was not required to pay a security deposit during a prior lease or rental term, a park owner may not impose a security deposit.

(b) An action under this section may be brought at any time during the tenancy or within 2 years after its termination.

(c) (1) The park owner shall give the resident a receipt for the security deposit.

(2) The receipt may be included in a written rental agreement.

(3) The park owner shall be liable to the resident in the sum of $25 if the park owner fails to provide a written receipt for the security deposit.

(4) The receipt or rental agreement shall contain language informing the resident of his rights under this section to receive from the park owner a written list of all existing damages if the resident makes a written request of the park owner within 15 days of the resident’s occupancy.

(d) (1) If the park owner imposes a security deposit, on written request, he promptly shall provide the resident with a written list of all existing damages. The request must be made within 15 days of the resident’s occupancy.

(2) Failure to provide the resident with this written statement renders the park owner liable to the resident for threefold the amount of the security deposit. The total amount of damages shall be subject to a setoff for damages and unpaid rent which reasonably could be withheld under this section.

(e) (1) The park owner shall maintain all security deposits in a banking or savings institution in the State. This account shall be devoted exclusively to security deposits and bear interest.

(2) A security deposit shall be deposited in the account within 30 days after the park owner receives it.

(3) In the event of sales or transfer of any sort, including receivership or bankruptcy, the security deposit is binding on the successor in interest to the person to whom the deposit is given. Security deposits are free from any attachment by creditors.

(4) Any successor in interest is liable to the resident for failure to return the security deposit, together with interest, as provided in this section.

(f) (1) Within 45 days after the end of the tenancy, the park owner shall return the security deposit to the resident together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, interest shall accrue at monthly intervals from the day the resident gives the park owner the security deposit. Interest is not compounded.

(ii) No interest is due or payable:

1. Unless the park owner has held the security deposit for at least 6 months; or

2. For any period less than a full month.

(3) Interest shall be payable only on security deposits of $50 or more.

(4) If the park owner, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the resident has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.

(g) (1) The security deposit, or any portion of the security deposit, may be withheld for unpaid rent, damage due to breach of the rental agreement, or damage to the leased premises by the resident or the resident’s family, agents, employees, or social guests in excess of ordinary wear and tear.

(2) The resident has the right to be present when the park owner or his agent inspects the premises in order to determine if any damage was done to the premises, if the resident notifies the park owner in writing of his intention to move, the date of moving and his new address. The notice to be furnished by the resident to the park owner shall be mailed at least 15 days prior to the date of moving. Upon receipt of the notice, the park owner shall notify the resident in writing of the time and date when the premises are to be inspected. The date of inspection shall occur within 5 days after the moving as designated in the resident’s notice. The resident shall be advised of his rights under this subsection in writing which may be included in the rental agreement at the time of his payment of the security deposit. Failure by the park owner to comply with this requirement forfeits the right of the park owner to withhold any part of the security deposit for damages.

(h) A park owner is entitled to rely on the list of yield curve rates or the customized calculator maintained by the Department of Housing and Community Development under § 8–203(k) of this article when calculating the interest on a security deposit.
Md. Code, Insurance § 8-449 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-449
§8–449.
Status: in_force

(a) Except as otherwise provided in this section, a person must obtain a license issued under Title 10, Subtitle 1 of this article before the person acts as an insurance producer for a fraternal benefit society.

(b) Subsection (a) of this section does not apply to a regular salaried officer or employee of a licensed society who:

(1) devotes substantially all of the officer’s or employee’s services to activities other than soliciting insurance contracts; and

(2) does not receive, for soliciting insurance contracts, a commission or other compensation that is directly dependent on the amount of business obtained.

(c) (1) Subsection (a) of this section does not apply to a fraternal benefit insurance producer or representative of a society that devotes, or intends to devote, less than 50% of the person’s time to selling, soliciting and negotiating insurance contracts for the society.

(2) For the purposes of paragraph (1) of this subsection, a person is presumed to be devoting, or intending to devote, 50% or more of the person’s time to selling, soliciting or negotiating insurance contracts for a society if, in the preceding calendar year, the person has sold, solicited and negotiated:

(i) life insurance contracts that, in the aggregate, exceed $200,000 of coverage for all lives insured for the preceding calendar year;

(ii) a permanent life insurance contract offering more than $10,000 of coverage on an individual life;

(iii) a term life insurance contract offering more than $50,000 of coverage on an individual life;

(iv) any insurance contracts other than life that the society may write that insure the lives of more than 25 individuals; or

(v) any variable life insurance or variable annuity contract.
Md. Code, Criminal Law § 8-801 — MD Code / Article gcr / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

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

(2) “Deception” has the meaning stated in § 7–101 of this article.

(3) “Deprive” has the meaning stated in § 7–101 of this article.

(4) “Obtain” has the meaning stated in § 7–101 of this article.

(5) “Property” has the meaning stated in § 7–101 of this article.

(6) (i) “Undue influence” means domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old was prevented from exercising free judgment and choice.

(ii) “Undue influence” does not include the normal influence that one member of a family has over another member of the family.

(7) “Value” has the meaning stated in § 7–103 of this article.

(8) “Vulnerable adult” has the meaning stated in § 3–604 of this article.

(b) (1) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult of the vulnerable adult’s property.

(2) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is at least 68 years old, with intent to deprive the individual of the individual’s property.

(c) (1) (i) A person convicted of a violation of this section when the value of the property is at least $1,500 but less than $25,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate.

(ii) A person convicted of a violation of this section when the value of the property is at least $25,000 but less than $100,000 is guilty of a felony and:

1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and

2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate.

(iii) A person convicted of a violation of this section when the value of the property is $100,000 or more is guilty of a felony and:

1. is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and

2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate.

(2) A person convicted of a violation of this section when the value of the property is less than $1,500 is guilty of a misdemeanor and:

(i) is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both; and

(ii) shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate.

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.

(e) (1) If a defendant fails to restore fully the property taken or its value as ordered under subsection (c) of this section, the defendant is disqualified, to the extent of the defendant’s failure to restore the property or its value, from inheriting, taking, enjoying, receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the victim of the offense, whether by operation of law or pursuant to a legal document executed or entered into by the victim before the defendant shall have been convicted under this section.

(2) The defendant has the burden of proof with respect to establishing under paragraph (1) of this subsection that the defendant has fully restored the property taken or its value.

(f) This section may not be construed to impose criminal liability on a person who, at the request of the victim of the offense, the victim’s family, or the court appointed guardian of the victim, has made a good faith effort to assist the victim in the management of or transfer of the victim’s property.

(g) In addition to any penalties set forth in this section, a violation of this section:

(1) is an unfair, abusive, or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and

(2) is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.
Md. Code, Criminal Law § 8-604 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-604
§8–604.
Status: in_force

(a) A person may not, with intent to defraud:

(1) manufacture United States currency;

(2) counterfeit, cause to be counterfeited, or willingly aid or assist in counterfeiting United States currency; or

(3) make, scan, record, reproduce, transmit, or have in the person’s control, custody, or possession an analog, digital, or electronic image of United States currency.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, Labor and Employment § 8-408 — MD Code / Article gle / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: reserved

(a) The provisions of this Part I of this subtitle that relate to the Unemployment Trust Fund shall be effective only while:

(1) the Unemployment Trust Fund continues to exist; and

(2) the United States Secretary of the Treasury:

(i) keeps in the Unemployment Trust Fund a separate account for the State from which no other state is allowed to make withdrawals; and

(ii) credits to that Account the State’s share of earnings of the Unemployment Trust Fund.

(b) If the Unemployment Trust Fund ceases to exist or the State Unemployment Trust Fund Account no longer is kept, money, property, and securities that belong to the Unemployment Trust Fund of the State shall be transferred to the State Treasury and deposited in the Unemployment Insurance Fund.

(c) If money is deposited in the Unemployment Insurance Fund under subsection (b) of this section the State Treasurer:

(1) shall hold, invest, transfer, sell, deposit, and release money in the Unemployment Insurance Fund in a manner that is approved by the Secretary and is in accordance with this title;

(2) shall invest the money in readily marketable bonds or other readily marketable interest bearing obligations of:

(i) the United States;

(ii) the State; or

(iii) a political subdivision of the State;

(3) shall make investments that are readily convertible into cash when cash is needed to pay benefits; and

(4) may dispose of securities or other property bought with money that belongs to the Unemployment Insurance Fund only under the direction of the Secretary.
Md. Code, Tax - Property § 8-422 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-422
§8–422.
Status: in_force

For the purpose of construction of any State or local law, an assessment of real property for a taxable year beginning after June 30, 2001 that is compared to an assessment that is effective on or before September 30, 2000, shall be computed so that:

(1) the two assessments are compared at the same percent of value, and any tax rate applied to the assessments is adjusted proportionately, if necessary; and

(2) there is no change in the amount of tax due, tax relief authorized, computation of assessment ratio, or other computation based on assessments solely as a result of the change in the method of computing assessments effective October 1, 2000.
Md. Code, Criminal Procedure § 8-201 — MD Code / Article gcp / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

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

(2) “Biological evidence” includes, but is not limited to, any blood, hair, saliva, semen, epithelial cells, buccal cells, or other bodily substances from which genetic marker groupings may be obtained.

(3) “DNA” means deoxyribonucleic acid.

(4) “Law enforcement agency” means any of the following:

(i) a municipal or county police department;

(ii) sheriff’s office;

(iii) the Maryland State Police;

(iv) any prosecuting authority;

(v) any state, university, county, or municipal police unit or police force; and

(vi) any hospital, medical facility, or private entity that is conducting forensic examinations and securing biological evidence related to criminal investigations.

(5) “Scientific identification evidence” means evidence that:

(i) is related to an investigation or prosecution that resulted in a judgment of conviction;

(ii) is in the actual or constructive possession of a law enforcement agency or agent of a law enforcement agency; and

(iii) contains biological evidence from which DNA may be recovered that may produce exculpatory or mitigating evidence relevant to a claim of a convicted person of wrongful conviction or sentencing if subject to DNA testing.

(b) Notwithstanding any other law governing postconviction relief, a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article may file a petition:

(1) for DNA testing of scientific identification evidence that the State possesses that is related to the judgment of conviction; or

(2) for a search by a law enforcement agency of a law enforcement data base or log for the purpose of identifying the source of physical evidence used for DNA testing.

(c) A petitioner may move for a new trial under this section on the grounds that the conviction was based on unreliable scientific identification evidence and a substantial possibility exists that the petitioner would not have been convicted without the evidence.

(d) (1) Subject to subsection (f) of this section, if a petitioner was convicted as the result of a trial, a guilty plea, an Alford plea, or a plea of nolo contendere, a court shall order DNA testing if the court finds that:

(i) a reasonable probability exists that the DNA testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing; and

(ii) the requested DNA test employs a method of testing generally accepted within the relevant scientific community.

(2) A court shall order a data base search by a law enforcement agency if the court finds that a reasonable probability exists that the data base search will produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing.

(e) (1) A petitioner shall notify the State in writing of the filing of a petition under this section.

(2) The State may file a response to the petition within 15 days after notice of the filing or within the time that the court orders.

(f) If the court orders DNA testing under subsection (d) of this section, the court in its order may issue orders the court considers appropriate, including designation of any of the following:

(1) the specific evidence to be tested;

(2) the method of testing to be used;

(3) the preservation of some of the sample for replicate testing and analysis;

(4) the laboratory where the testing is to be performed, provided that if the parties cannot agree on a laboratory, the court may approve testing at any laboratory accredited by the American Society of Crime Laboratory Directors (ASCLAD), the Laboratory Accreditation Board (LAB), or the National Forensic Science Technology Center; and

(5) release of biological evidence by a third party.

(g) (1) Except as provided in paragraph (2) of this subsection, DNA testing ordered under subsection (d) of this section shall be conducted as soon as practicable.

(2) Based on a finding of necessity, the court may order the DNA testing to be completed by a date that the court provides.

(h) (1) Except as provided in paragraph (2) of this subsection, the petitioner shall pay the cost of DNA testing ordered under subsection (d) of this section.

(2) If the results of the DNA testing that the court orders under this section are favorable to the petitioner, the court shall order the State to pay the costs of the testing.

(i) (1) If the results of the postconviction DNA testing are unfavorable to the petitioner, the court shall dismiss the petition.

(2) If the petitioner was convicted as the result of a trial and the results of the postconviction DNA testing are favorable to the petitioner, the court shall:

(i) if no postconviction proceeding has been previously initiated by the petitioner under § 7–102 of this article, open a postconviction proceeding under § 7–102 of this article;

(ii) if a postconviction proceeding has been previously initiated by the petitioner under § 7–102 of this article, reopen a postconviction proceeding under § 7–104 of this article; or

(iii) on a finding that a substantial possibility exists that the petitioner would not have been convicted if the DNA testing results had been known or introduced at trial, order a new trial.

(3) If the court finds that a substantial possibility does not exist under paragraph (2)(iii) of this subsection, the court may order a new trial if the court determines that the action is in the interest of justice.

(4) (i) If the petitioner was convicted as the result of a guilty plea, an Alford plea, or a plea of nolo contendere and the court determines that the DNA test results establish by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion, the court may, as the court considers appropriate:

1. if no postconviction proceeding has been previously initiated by the petitioner under § 7–102 of this article, open a postconviction proceeding under § 7–102 of this article;

2. if a postconviction proceeding has been previously initiated by the petitioner under § 7–102 of this article, reopen a postconviction proceeding under § 7–104 of this article; or

3. set aside the conviction and schedule the matter for trial.

(ii) When assessing the impact of the DNA test results on the strength of the State’s case against the petitioner at the time the plea was entered, the court may consider, in addition to evidence that was presented as part of the factual support of the plea, admissible evidence submitted by either party that was contained in law enforcement files in existence at the time the plea was entered.

(iii) When determining an appropriate remedy under this paragraph, the court may consider any additional admissible evidence submitted by either party that came into existence after the plea was entered and is relevant to the petitioner’s claim of actual innocence.

(5) If a new trial is granted or the matter is scheduled for trial, the court may order the release of the petitioner on bond or on conditions that the court finds will reasonably assure the presence of the petitioner at trial.

(j) (1) The State shall preserve scientific identification evidence that:

(i) the State has reason to know contains DNA material; and

(ii) is secured in connection with a violation of § 2–201, § 2–204, § 2–207, § 3–303, or § 3–304 of the Criminal Law Article.

(2) The State shall preserve scientific identification evidence described in paragraph (1) of this subsection for the time of the sentence, including any consecutive sentence imposed in connection with the offense.

(3) (i) If the State is unable to produce scientific identification evidence described in paragraph (1) of this subsection, the court shall hold a hearing to determine whether the failure to produce evidence was the result of intentional and willful destruction.

(ii) If the court determines at a hearing under subparagraph (i) of this paragraph that the failure to produce evidence was the result of intentional and willful destruction, the court shall:

1. order a postconviction hearing to be conducted in accordance with subparagraph (iii) of this paragraph; and

2. at the postconviction hearing infer that the results of the postconviction DNA testing would have been favorable to the petitioner.

(iii) 1. A court ordering a postconviction hearing under subparagraph (ii) of this paragraph shall open the postconviction hearing under § 7–102 of this article, if no postconviction hearing has been previously initiated by the petitioner under § 7–102 of this article.

2. A court ordering a postconviction hearing under subparagraph (ii) of this paragraph shall reopen the postconviction hearing under § 7–104 of this article, if a postconviction hearing has been previously initiated by the petitioner under § 7–102 of this article.

(4) The State shall make the scientific identification evidence available to parties in the case under terms that are mutually agreed on between them.

(5) If an agreement cannot be reached, the party requesting the testing may file an application in the circuit court that entered the judgment for an order setting the terms under which the evidence will be made available for testing.

(k) (1) The State may dispose of scientific identification evidence before the expiration of the time period described in subsection (j) of this section if the State notifies the following persons:

(i) the person who is incarcerated in connection with the case;

(ii) any attorney of record for the person incarcerated; and

(iii) the Office of Public Defender for the judicial district in which the judgment of conviction was entered.

(2) The notification required in paragraph (1) of this subsection shall include:

(i) a description of the scientific identification evidence;

(ii) a statement that the State intends to dispose of the evidence;

(iii) a statement that the State will dispose of the evidence unless a party files an objection in writing within 120 days from the date of service in the circuit court that entered the judgment; and

(iv) the name and mailing address of the circuit court where an objection may be filed.

(3) Unless another law or court order requires the preservation of the scientific identification evidence, if no objection to the disposition of the evidence is filed within 120 days of the notice required under this subsection, the State may dispose of the evidence.

(4) If a person files written objections to the State’s notice that it intends to dispose of scientific identification evidence, the court shall hold a hearing on the proposed disposition of the evidence and at the conclusion of the hearing, if the court determines by a preponderance of the evidence that:

(i) the evidence has no significant value for forensic science analysis, the court may order the return of the evidence to its rightful owner, the destruction of the evidence, or other disposition as provided by law; or

(ii) the evidence is of such size, bulk, or physical character that it cannot practicably be retained by a law enforcement agency, on a showing of need, the court shall order that the evidence be made available to the party objecting to the disposition of the evidence for the purpose of obtaining representative samples from the evidence in the form of cuttings, swabs, or other means, prior to the release or destruction of the evidence.

(5) If the court orders that representative samples be made available under paragraph (4)(ii) of this subsection, the court shall further order that the samples be obtained by a qualified crime scene technician acting on behalf of the party seeking to obtain the samples or by the law enforcement agency in possession of the evidence, which also shall preserve and store the representative samples until the representative samples are released to the custody of a DNA testing facility.

(6) An appeal to the Supreme Court of Maryland may be taken from an order entered under this section.
Md. Code, Health Occupations § 8-6A-11 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-11
§8–6A–11.
Status: in_force

(a) Any person aggrieved by a final decision of the Board under § 8–6A–10 of this subtitle may only take a direct judicial appeal as allowed by the Administrative Procedure Act.

(b) A Board decision may not be stayed while judicial review is pending.
Md. Code, Human Services § 8-702 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-702
§8–702.
Status: in_force

It is the intent of the General Assembly to:

(1) improve the quality of care provided by residential child care programs;

(2) provide the same quality of care to all children placed in residential child care programs; and

(3) develop a system that expands services provided by residential child care programs to counties that are underserved.
Md. Code, Tax - Property § 8-221 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-221
§8–221.
Status: in_force

Land that is assessed under § 8-222 of this subtitle must:

(1) be located in an area shown on a current master plan or a general or regional plan, or otherwise designated for planned development by a plan adopted by the county or municipal corporation that has planning or zoning jurisdiction over the land;

(2) be zoned in a classification that:

(i) permits development only under the plans listed in item (1) of this section;

(ii) requires a land use and comprehensive site development or subdivision plan, approved before development by the county or municipal corporation that has planning or zoning jurisdiction over the land, if those plans consider:

1. land use;

2. utility requirements;

3. highway needs;

4. water and sewers;

5. industrial uses;

6. economic and job opportunities; and

7. recreation and civic life; and

(iii) requires the owner of the land to pay for or provide the following public facilities that are usually paid for or provided by a county or municipal corporation or a unit of the county or municipal corporation under other zoning classifications:

1. streets and roads;

2. walkways;

3. open spaces;

4. parks;

5. school sites; and

6. other property needed for public use;

(3) except for intervening rights-of-way, easements, or grants for public or quasi-public uses, be contiguous tracts of land of not less than 500 acres owned by 1 or more persons; and

(4) be primarily undeveloped at the time the land is placed in the zoning classification.
Md. Code, Labor and Employment § 8-501 — MD Code / Article gle / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

There is a Lower Appeals Division in the Department.
Md. Code, Corporations and Associations § 8-707 — MD Code / Article gca / Title 8 / Subtitle 7 / Section 8-707
§8–707.
Status: in_force

(a) Unless the declaration of trust of the real estate investment trust or articles of conversion provide otherwise, the proposed conversion of a real estate investment trust to an other entity may be abandoned before the effective date of the articles of conversion by majority vote of the entire board of trustees of the real estate investment trust party to the articles of conversion.

(b) Unless the articles of conversion provide otherwise, the proposed conversion of an other entity to a real estate investment trust may be abandoned in the manner and by the vote required by the governing document of the other entity and the laws of the place in which it is incorporated or organized or, if no manner and vote is specified, in the manner and by the vote required to approve the conversion under § 8–702 of this subtitle.

(c) If the articles of conversion have been filed with the Department, notice of the abandonment shall be given promptly to the Department.

(d) (1) If the proposed conversion is abandoned as provided in this section, no legal liability arises under the articles of conversion.

(2) Abandonment of a conversion under this section does not prejudice the rights of any person under any other contract made by a real estate investment trust in connection with the proposed conversion.
Md. Code, Natural Resources § 8-2A-04 — MD Code / Article gnr / Title 8 / Subtitle 2A / Section 8-2A-04
§8–2A–04.
Status: in_force

§8–2A–04. IN EFFECT

(a) The BayStat Program shall direct the administration of the Trust Fund in accordance with this section.

(b) (1) The BayStat Program shall implement nonpoint source pollution reduction measures to:

(i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and

(ii) Improve the health of the Atlantic Coastal Bays and their tributaries by targeting funds, geographically and by practice, to proven, scientifically based projects that provide the most cost–effective and measurable water quality benefits to the Atlantic Coastal Bays and their tributaries.

(2) To the maximum extent practicable, the BayStat Program shall distribute the Trust Fund money on a competitive basis.

(c) (1) The BayStat Program shall distribute funds from the Trust Fund to the BayStat Subcabinet agencies in accordance with the final work and expenditure plans.

(2) The BayStat Subcabinet agencies shall administer the funds in accordance with the final work and expenditure plans, including the distribution of funds:

(i) Through grants to:

1. Counties;

2. Bicounty agencies;

3. Municipalities;

4. Forest conservancy district boards;

5. Soil conservation districts;

6. Academic institutions; and

7. Nonprofit organizations having a demonstrated ability to implement nonpoint source pollution control projects;

(ii) To the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund established under § 9–1605.3 of the Environment Article;

(iii) To the Maryland Agricultural Cost–Share Program established under Title 8, Subtitle 7 of the Agriculture Article for nonpoint source pollution control projects;

(iv) To the Green Shores Program established under § 5–429 of this article;

(v) To the Mel Noland Woodland Incentives Fund established under § 5–307 of this article; and

(vi) Subject to paragraph (4) of this subsection, through the procurement of nutrient– or sediment–related environmental outcomes under a pay–for–success contract or any other procurement method authorized under Division II of the State Finance and Procurement Article.

(3) The BayStat Program shall:

(i) Develop solicitations, guidelines, and applications for Trust Fund grants and contracts that shall include consideration of the extent to which a proposed project, both geographically and by practice, will deliver the greatest, most cost–effective, and measurable nonpoint source pollution reduction per Trust Fund dollar; and

(ii) In evaluating Trust Fund applications, encourage and consider:

1. Multi–year, multi–partner proposals, local match or cost–share agreements, or similar actions proposed by an applicant;

2. Projects that, in addition to providing cost–effective and measurable nonpoint source pollution reductions, provide co–benefits including:

A. The restoration of aquatic resources, such as seagrass beds or oyster reefs;

B. Climate resilience;

C. Carbon sequestration;

D. Creation of wildlife habitat;

E. Local employment opportunities;

F. The improvement or provision of recreational opportunities; or

G. Environmental justice benefits; and

3. Subject to paragraph (5) of this subsection, multi–year agreements whereby an aggregator proposes to:

A. Combine funding from the Trust Fund with revolving loan funds authorized under §§ 9–1605 and 9–1605.1 of the Environment Article, Federal Emergency Management Agency hazard mitigation support, or private sources of funding; and

B. Use the combined sources to fund and administer the implementation of multiple projects or pay for environmental outcomes from multiple completed projects.

(4) (i) Funds from the Trust Fund may not be used to procure environmental outcomes achieved before January 1, 2021.

(ii) Payment under a pay–for–success contract may be made only after an evaluator has certified to the contracting agency that the environmental outcomes have been measured or modeled consistent with an approved quantification plan.

(5) A BayStat Subcabinet agency may use funding from the Trust Fund for a multi–year agreement specified under paragraph (3)(ii)3 of this subsection only if the agency determines that the agreement will:

(i) Provide cost–effective nutrient and sediment reductions in a manner consistent with the cost–effectiveness of other projects supported through the Trust Fund;

(ii) Deliver benefits consistent with those required by revolving loan funds authorized under §§ 9–1605 and 9–1605.2 of the Environment Article;

(iii) Require not more than 20% of total resources in the Trust Fund; and

(iv) Deliver co–benefits as described in paragraph (3)(ii)2 of this subsection.

(d) Any grant or contract agreement regarding funds from the Trust Fund shall:

(1) Specify the use of the funds provided under the grant, accountability measures, and performance requirements;

(2) Take into account the need for efficient, multi–year funding and administration; and

(3) Include provisions for verification that practices are being implemented.

(e) (1) A recipient of funds from the Trust Fund in any fiscal year shall submit an annual report to the BayStat Program by November 1 of the next fiscal year.

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

(i) For agencies receiving money from the Trust Fund:

1. A description of how the funds were allocated, including:

A. The number and amounts of grant awards; and

B. Direct expenditures by the agency;

2. How funding was leveraged; and

3. Estimated or calculated nutrient reductions associated with Trust Fund expenditures.

(ii) For recipients of competitive grants or pay–for–success contracts from the Trust Fund, a description of funded projects, including:

1. Project location;

2. Description of practices implemented;

3. Timeframes for project completion;

4. Estimated or calculated nutrient reductions; and

5. Provisions for long–term maintenance of practices.

(f) Funds from the Trust Fund may not be used to enable an individual cited for noncompliance with a nonpoint source pollution control law or regulation to achieve compliance.

(g) (1) There is a BayStat Program Scientific Advisory Panel.

(2) The Governor shall appoint the chair and members of the BayStat Program Scientific Advisory Panel.

(3) The BayStat Program Scientific Advisory Panel shall include scientists and other technical experts with demonstrated expertise in the disciplines related to protection and restoration of the Chesapeake and Atlantic Coastal Bays.

(4) The BayStat Program Scientific Advisory Panel shall:

(i) On or before August 1, annually provide recommendations to the BayStat Subcabinet on the use of funds of the Trust Fund for the following fiscal year;

(ii) Monitor the distribution of funds from the Trust Fund;

(iii) Review the categories of grants and contracts made in the previous year to assess nutrient loading reduction estimates and cost efficiencies and the effectiveness of any innovative nonpoint source pollution reduction measure;

(iv) Review the proposed annual work plan and advise the BayStat Subcabinet of any recommended changes;

(v) On request by the BayStat Subcabinet, review individual funding applications;

(vi) Annually review any Trust Fund money that is not distributed on a competitive basis to assess whether that money may be distributed on a competitive basis; and

(vii) On or before January 31, 2023:

1. Analyze and compare the fund distributions through the competitive program and by each BayStat Subcabinet agency for fiscal years 2012 through 2023 and the strategies supported by those distributions;

2. Quantify the relative effectiveness of each distribution and strategy per dollar of State funding; and

3. Report to the BayStat Subcabinet, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the analyses required under items 1 and 2 of this item.

(h) The BayStat Subcabinet agencies may:

(1) Distribute to an administrative cost account the amount that is necessary to administer grant programs, not to exceed 1.5% of the allocations to the BayStat Subcabinet agencies; and

(2) Maintain an amount, not to exceed 2% of the total in competitive grants and contracts administered by the BayStat Subcabinet agencies, for the purpose of meeting additional project needs, including:

(i) The adaptive management, maintenance, or catastrophe–induced repair needs of projects funded by the grants or contracts; and

(ii) Paying for quantified and verified water quality–related environmental outcomes that exceed the quantity of environmental outcomes anticipated under particular grants or contracts.

§8–2A–04. // EFFECTIVE JUNE 30, 2031 PER CHAPTER 645 OF 2021 //

(a) The BayStat Program shall direct the administration of the Trust Fund in accordance with this section.

(b) (1) The BayStat Program shall implement nonpoint source pollution reduction measures to:

(i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and

(ii) Improve the health of the Atlantic Coastal Bays and their tributaries by targeting funds, geographically and by practice, to proven, scientifically based projects that provide the most cost–effective and measurable water quality benefits to the Atlantic Coastal Bays and their tributaries.

(2) To the maximum extent practicable, the BayStat Program shall distribute the Trust Fund money on a competitive basis.

(c) (1) The BayStat Program shall distribute funds from the Trust Fund to the BayStat Subcabinet agencies in accordance with the final work and expenditure plans.

(2) The BayStat Subcabinet agencies shall administer the funds in accordance with the final work and expenditure plans, including the distribution of funds:

(i) Through grants to:

1. Counties;

2. Bicounty agencies;

3. Municipalities;

4. Forest conservancy district boards;

5. Soil conservation districts;

6. Academic institutions; and

7. Nonprofit organizations having a demonstrated ability to implement nonpoint source pollution control projects;

(ii) To the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund established under § 9–1605.3 of the Environment Article;

(iii) To the Maryland Agricultural Cost–Share Program established under Title 8, Subtitle 7 of the Agriculture Article for nonpoint source pollution control projects;

(iv) To the Mel Noland Woodland Incentives Fund established under § 5–307 of this article; and

(v) Subject to paragraph (4) of this subsection, through the procurement of nutrient– or sediment–related environmental outcomes under a pay–for–success contract or any other procurement method authorized under Division II of the State Finance and Procurement Article.

(3) The BayStat Program shall:

(i) Develop solicitations, guidelines, and applications for Trust Fund grants and contracts that shall include consideration of the extent to which a proposed project, both geographically and by practice, will deliver the greatest, most cost–effective, and measurable nonpoint source pollution reduction per Trust Fund dollar; and

(ii) In evaluating Trust Fund applications, encourage and consider:

1. Multi–year, multi–partner proposals, local match or cost–share agreements, or similar actions proposed by an applicant;

2. Projects that, in addition to providing cost–effective and measurable nonpoint source pollution reductions, provide co–benefits including:

A. The restoration of aquatic resources, such as seagrass beds or oyster reefs;

B. Climate resilience;

C. Carbon sequestration;

D. Creation of wildlife habitat;

E. Local employment opportunities;

F. The improvement or provision of recreational opportunities; or

G. Environmental justice benefits; and

3. Subject to paragraph (5) of this subsection, multi–year agreements whereby an aggregator proposes to:

A. Combine funding from the Trust Fund with revolving loan funds authorized under §§ 9–1605 and 9–1605.1 of the Environment Article, Federal Emergency Management Agency hazard mitigation support, or private sources of funding; and

B. Use the combined sources to fund and administer the implementation of multiple projects or pay for environmental outcomes from multiple completed projects.

(4) (i) Funds from the Trust Fund may not be used to procure environmental outcomes achieved before January 1, 2021.

(ii) Payment under a pay–for–success contract may be made only after an evaluator has certified to the contracting agency that the environmental outcomes have been measured or modeled consistent with an approved quantification plan.

(5) A BayStat Subcabinet agency may use funding from the Trust Fund for a multi–year agreement specified under paragraph (3)(ii)3 of this subsection only if the agency determines that the agreement will:

(i) Provide cost–effective nutrient and sediment reductions in a manner consistent with the cost–effectiveness of other projects supported through the Trust Fund;

(ii) Deliver benefits consistent with those required by revolving loan funds authorized under §§ 9–1605 and 9–1605.2 of the Environment Article;

(iii) Require not more than 20% of total resources in the Trust Fund; and

(iv) Deliver co–benefits as described in paragraph (3)(ii)2 of this subsection.

(d) Any grant agreement regarding funds from the Trust Fund shall:

(1) Specify the use of the funds provided under the grant, accountability measures, and performance requirements;

(2) Take into account the need for efficient, multi–year funding and administration; and

(3) Include provisions for verification that practices are being implemented.

(e) (1) A recipient of funds from the Trust Fund in any fiscal year shall submit an annual report to the BayStat Program by November 1 of the next fiscal year.

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

(i) For agencies receiving money from the Trust Fund:

1. A description of how the funds were allocated, including:

A. The number and amounts of grant awards; and

B. Direct expenditures by the agency;

2. How funding was leveraged; and

3. Estimated or calculated nutrient reductions associated with Trust Fund expenditures.

(ii) For recipients of competitive grants or pay–for–success contracts from the Trust Fund, a description of funded projects, including:

1. Project location;

2. Description of practices implemented;

3. Timeframes for project completion;

4. Estimated or calculated nutrient reductions; and

5. Provisions for long–term maintenance of practices.

(f) Funds from the Trust Fund may not be used to enable an individual cited for noncompliance with a nonpoint source pollution control law or regulation to achieve compliance.

(g) (1) There is a BayStat Program Scientific Advisory Panel.

(2) The Governor shall appoint the chair and members of the BayStat Program Scientific Advisory Panel.

(3) The BayStat Program Scientific Advisory Panel shall include scientists and other technical experts with demonstrated expertise in the disciplines related to protection and restoration of the Chesapeake and Atlantic Coastal Bays.

(4) The BayStat Program Scientific Advisory Panel shall:

(i) On or before August 1, annually provide recommendations to the BayStat Subcabinet on the use of funds of the Trust Fund for the following fiscal year;

(ii) Monitor the distribution of funds from the Trust Fund;

(iii) Review the categories of grants made in the previous year to assess nutrient loading reduction estimates and cost efficiencies and the effectiveness of any innovative nonpoint source pollution reduction measure;

(iv) Review the proposed annual work plan and advise the BayStat Subcabinet of any recommended changes;

(v) On request by the BayStat Subcabinet, review individual funding applications;

(vi) Annually review any Trust Fund money that is not distributed on a competitive basis to assess whether that money may be distributed on a competitive basis; and

(vii) On or before January 31, 2023:

1. Analyze and compare the fund distributions through the competitive program and by each BayStat Subcabinet agency for fiscal years 2012 through 2023 and the strategies supported by those distributions;

2. Quantify the relative effectiveness of each distribution and strategy per dollar of State funding; and

3. Report to the BayStat Subcabinet, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the results of the analyses required under items 1 and 2 of this item.

(h) The BayStat Subcabinet agencies may:

(1) Distribute to an administrative cost account the amount that is necessary to administer grant programs, not to exceed 1.5% of the allocations to the BayStat Subcabinet agencies; and

(2) Maintain an amount, not to exceed 2% of the total in competitive grants and contracts administered by the BayStat Subcabinet agencies, for the purpose of meeting additional project needs, including:

(i) The adaptive management, maintenance, or catastrophe–induced repair needs of projects funded by the grants or contracts; and

(ii) Paying for quantified and verified water quality–related environmental outcomes that exceed the quantity of environmental outcomes anticipated under particular grants or contracts.
Md. Code, Labor and Employment § 8-218 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-218
§8–218.
Status: in_force

(a) Employment that an intern performs is not covered employment if:

(1) the employer is a hospital; and

(2) the intern has completed a 4-year course in a medical school that is chartered or approved under State law.

(b) Employment that a patient of a hospital performs for the hospital is not covered employment.

(c) Employment that a student nurse performs is not covered employment if:

(1) the employer is a hospital or training school for nurses; and

(2) the student nurse is enrolled in and regularly attending classes in a training school for nurses that is chartered or approved under State law.