Md. Code, Economic Development § 10-118 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-118
§10–118.
Status: in_force

(a) The Corporation may authorize the issuance of revenue bonds by resolution.

(b) The Corporation may issue the bonds at one time or in one or more series from time to time.

(c) The Corporation shall determine:

(1) the date of the bonds;

(2) the maturity dates of the bonds, which may not exceed 40 years from the date of issue;

(3) the interest rates on the bonds;

(4) the medium of payment of the principal of and interest on the bonds;

(5) the form of the bonds;

(6) the manner of executing the bonds;

(7) the denominations of the bonds; and

(8) the place at which the principal of and interest on the bonds will be payable, including at a bank or trust company in or outside the State.

(d) An officer’s signature or facsimile signature on a bond remains valid even if the officer leaves office before the bond is delivered.

(e) (1) Between successive holders, bonds are negotiable instruments under Title 3 of the Maryland Uniform Commercial Code.

(2) Bonds may be registrable.

(f) (1) The Corporation shall sell the bonds by competitive or negotiated sale in a manner and for a price the Corporation determines to be in its best interests.

(2) Bonds are exempt from §§ 8-206 and 8-208 of the State Finance and Procurement Article.

(g) Bond proceeds may be placed in escrow pending application of the proceeds to the purposes for which the bonds are issued.
Md. Code, Human Services § 10-432 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-432
§10–432.
Status: in_force

(a) (1) Subsection (b)(2) of this section does not apply to a transfer of ownership or control of a person that owns or controls a facility, if:

(i) the transfer is part of a business reorganization; and

(ii) the same person or persons holding the right to control or holding a majority of ownership before the business reorganization will retain, directly or indirectly, the right to control or a majority of ownership, respectively, after the business reorganization.

(2) The provider shall notify the Department and the facility’s subscribers 30 days before any reorganization described in paragraph (1) of this subsection.

(b) Unless the Department approves the sale or transfer in accordance with §§ 10–433 through 10–435 of this subtitle:

(1) except for the grant of a mortgage or deed of trust to an unrelated third party, a provider that holds a preliminary, initial, or renewal certificate of registration may not sell or otherwise transfer, directly or indirectly, ownership of a facility or any ownership interest in a facility; and

(2) a person with an ownership interest in or a right to control the provider, through governing body appointments or contractual or similar arrangements, may not sell or otherwise transfer, directly or indirectly, the right to control or more than 50% of the ownership of a person that owns or controls a facility.

(c) Any series of sales or other transfers described in subsection (b) of this section that occur in a 12–month period shall be aggregated for purposes of this section and §§ 10–433 through 10–435 of this subtitle.
Md. Code, Commercial Law § 10-101 — MD Code / Article gcl / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

As used in this title:

(1) “Original Code” means Chapter 538 of the Acts of 1963, as the provisions of that chapter were amended prior to 12:01 a.m. on January 1, 1981.

(2) “This Act” means Chapter 824 of the Acts of 1980.
Md. Code, Tax - General § 10-101 — MD Code / Article gtg / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: reserved

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

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(b) “Applicable tax base” means the portion of the income of an investment conduit or a special exempt entity on which a tax is imposed under:

(1) § 11, § 527(b), § 528(b), § 852(b)(1), § 857(b)(1) or (4)(a), or § 860G(c)(1) of the Internal Revenue Code; or

(2) any other section of the Internal Revenue Code that the Comptroller determines by regulation to impose an entity level income tax on an entity that the Comptroller determines to be:

(i) an investment conduit under subsection (h)(2) of this section; or

(ii) a special exempt entity under subsection (m)(2) of this section.

(c) “Corporation” includes an association or joint–stock company.

(d) “County income tax” means the county tax on income authorized in § 10–103 of this subtitle.

(e) “Federal adjusted gross income” means:

(1) for an individual other than a fiduciary, the individual’s adjusted gross income as determined under the Internal Revenue Code;

(2) for a fiduciary other than one described in item (3) of this subsection, the fiduciary’s taxable income, as determined under the Internal Revenue Code, increased by the amount allowed to the fiduciary as a deduction for a personal exemption under § 642(b) of the Internal Revenue Code; or

(3) for a fiduciary exempt from taxation under § 408(e)(1) or § 501 of the Internal Revenue Code, the fiduciary’s unrelated business taxable income as defined under § 512 of the Internal Revenue Code.

(f) (1) “Fiduciary” means a person holding the legal title to property for the use and benefit of another person.

(2) “Fiduciary” does not include:

(i) an agent holding custody or possession of property that the principal of the agent owns; or

(ii) a guardian, as defined in § 13–101 of the Estates and Trusts Article.

(g) “Individual” means, unless expressly provided otherwise, a natural person or a fiduciary.

(h) “Investment conduit” means:

(1) any of the following entities described in the Internal Revenue Code:

(i) a regulated investment company;

(ii) a real estate investment trust; or

(iii) a real estate mortgage investment conduit; or

(2) any other entity that the Comptroller determines by regulation to enjoy a status under the Internal Revenue Code pursuant to which the entity is not generally subject to income tax at the entity level so long as substantially all of its profits are distributed to the holders of equity interests in the entity.

(i) “Maryland taxable income” means:

(1) for an individual, Maryland adjusted gross income, less the exemptions and deductions allowed under this title; and

(2) for a corporation, Maryland modified income as allocated under this title.

(j) “Nonresident” means an individual who is not a resident.

(k) (1) “Resident” means:

(i) an individual, other than a fiduciary, who:

1. is domiciled in this State on the last day of the taxable year; or

2. for more than 6 months of the taxable year, maintained a place of abode in this State, whether domiciled in this State or not;

(ii) a personal representative of an estate if the decedent was domiciled in this State on the date of the decedent’s death; or

(iii) a fiduciary, other than a personal representative, of a trust if:

1. the trust was created, or consists of property transferred, by the will of a decedent who was domiciled in the State on the date of the decedent’s death;

2. the creator or grantor of the trust is a current resident of the State; or

3. the trust is principally administered in the State.

(2) “Resident” includes, for the part of the taxable year that an individual resides in this State, an individual who:

(i) moves to this State with the intent to be domiciled in this State; or

(ii) is domiciled in this State and moves outside this State before the last day of the taxable year with the bona fide intention to remain permanently outside of this State.

(3) If an individual under paragraph (2)(ii) of this subsection again resides in this State within 6 months after having moved outside this State, there is a rebuttable presumption that the individual did not have a bona fide intention to remain permanently outside this State.

(l) “S corporation” means a corporation that elects to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code.

(m) “Special exempt entity” means:

(1) any of the following entities described in the Internal Revenue Code:

(i) a farmers’ cooperative;

(ii) a political organization; or

(iii) a homeowners association; or

(2) any other entity not described in § 10–104(2) of this subtitle that the Comptroller determines by regulation to be exempt from federal income tax on all or some part of its income.

(n) “State income tax” means the State tax on income imposed under this title.

(o) (1) “Taxable year” means:

(i) the period for which Maryland taxable income is computed under this title; and

(ii) the annual accounting period defined in § 441 of the Internal Revenue Code.

(2) “Taxable year” includes:

(i) a calendar year ending on December 31, as defined in § 441 of the Internal Revenue Code;

(ii) a fiscal year ending on the last day of a month other than December, as defined in § 441 of the Internal Revenue Code;

(iii) if a return is made for a period of less than 1 year, the period for which the return is made; or

(iv) if an election is made under § 441(f) of the Internal Revenue Code, the period for which a return is made.
Md. Code, Housing and Community Development § 10-205 — MD Code / Article ghs / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

The Board may solicit money for the Fund from any source.
Md. Code, Economic Development § 10-815 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-815
§10–815.
Status: in_force

A finding by the Board concerning the public purpose of an action, the legislative intent expressed under this subtitle, or the appropriateness of the action in serving the public purpose and satisfying the legislative intent is conclusive in a proceeding that involves the validity or enforceability of:

(1) an agreement entered into by the Center under this subtitle;

(2) a bond; or

(3) any security relating to a bond.
Md. Code, Local Government § 10-326 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-326
§10–326.
Status: in_force

A county may enact local laws that require a developer of land for residential use to comply with pertinent underground electric and telephone residential service regulations adopted by the Public Service Commission, including those pertaining to deposits.
Md. Code, Tax - General § 10-103 — MD Code / Article gtg / Title 10 / Subtitle 1 / Section 10-103
§10–103.
Status: in_force

(a) Each county shall have a county income tax on the Maryland taxable income of:

(1) each resident, other than a fiduciary, who on the last day of the taxable year:

(i) is domiciled in the county; or

(ii) maintains a principal residence or a place of abode in the county;

(2) each personal representative of an estate if the decedent was domiciled in the county on the date of the decedent’s death;

(3) each resident fiduciary of:

(i) a trust that is principally administered in the county; or

(ii) a trust that is otherwise principally connected to the county and is not principally administered in the State; and

(4) except as provided in § 10-806(c) of this title, a nonresident who derives income from salary, wages, or other compensation for personal services for employment in the county.

(b) Except for the county income tax, a county, municipal corporation, special taxing district, or other political subdivision may not impose a general local income, earnings, or payroll tax, a general occupational license tax, or a general license or permit tax based on income, earnings, or gross receipts.
Md. Code, Criminal Procedure § 10-213 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-213
§10–213.
Status: in_force

(a) There is a Criminal Justice Information System Central Repository in the Department.

(b) The Secretary:

(1) has administrative control of the Central Repository; and

(2) shall operate the Central Repository with the advice of the Advisory Board.

(c) (1) The Central Repository is the official State repository for criminal history record information.

(2) The Central Repository:

(i) shall maintain and disseminate criminal history record information required under this subtitle; and

(ii) may maintain a repository of fingerprints, latent prints, palm prints, photographs, or other such identification submitted to the Central Repository as determined by the Secretary.
Md. Code, Criminal Procedure § 10-247 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-247
§10–247.
Status: in_force

(a) This Compact shall bind each party state until renounced by the party state.

(b) Any renunciation of this Compact by a party state shall:

(1) be effected in the same manner by which the party state ratified this Compact; and

(2) become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
Md. Code, Criminal Procedure § 10-104 — MD Code / Article gcp / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges.

(b) The District Court may not assess any costs against a defendant for a proceeding under subsection (a) of this section.
Md. Code, Financial Institutions § 10-108 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

(a) The Fund Director may not:

(1) Be an officer or director of any State or federal savings and loan association; or

(2) Engage in any other business relating to financial institutions.

(b) (1) The Fund Director may not own stock or be a depositor in any member association.

(2) The employees of the Fund may not own stock in any member association.

(c) Any person who violates any provision of this section is subject to dismissal.
Md. Code, Agriculture § 10-1902 — MD Code / Article gag / Title 10 / Subtitle 19 / Section 10-1902
§10–1902.
Status: in_force

There is a Maryland standard of identity for honey.
Md. Code, Business Regulation § 10-313 — MD Code / Article gbr / Title 10 / Subtitle 3 / Section 10-313
§10–313.
Status: in_force

Each contractual relationship between a supplier and retail service station dealer shall conform to the Maryland Gasohol and Gasoline Products Marketing Act and the federal Petroleum Marketing Practices Act.
Md. Code, Health - General § 10-511 — MD Code / Article ghg / Title 10 / Subtitle 5 / Section 10-511
§10–511.
Status: in_force

Any person aggrieved by a final decision of the Department in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
Md. Code, Economic Development § 10-458 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-458
§10–458.
Status: in_force

(a) The Initiative may:

(1) provide grant funding or equity investment financing to a qualifying university, qualifying university–based entrepreneur, or other start–up entity, to promote the commercialization of technology developed in whole or in part by a qualifying university;

(2) pursue grants, other funds, and in–kind contributions for the Initiative or its qualifying universities;

(3) develop and implement guidelines for technology transfer; and

(4) identify projects at qualifying universities that may be viable for commercialization.

(b) The grant funding or equity investment financing in subsection (a) of this section shall be awarded:

(1) to support pre–commercial research on intellectual property to increase the likelihood of commercializing the intellectual property;

(2) to defray costs of evaluating the feasibility of a technology becoming commercialized through a start–up company;

(3) to defray the direct costs of developing early stage technology through a start–up entity;

(4) to assess intellectual property issues, including licensing and patents; or

(5) for any other costs that the Initiative’s participating members determine are appropriate to promote technology transfer and commercialization in the State.
Md. Code, Insurance § 10-405 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

(a) An applicant for an initial license shall file with the Commissioner an application on the form that the Commissioner provides.

(b) The application form shall require:

(1) the name and address of the applicant;

(2) whether any other insurance license or certificate has been issued to the applicant;

(3) for a business entity applicant:

(i) the name of the individual licensed public adjuster employed by the business entity who is designated to act as the business entity’s principal contact with the Administration; and

(ii) the name and address of each licensed public adjuster employed by the business entity, each individual who has direct control over its fiscal management, each owner, partner, member, or manager of the business entity, and each director of a business entity that is a corporation; and

(4) any other information that the Commissioner requires of applicants to enable the Commissioner to determine the trustworthiness and competence of the applicant to transact business as a public adjuster so as to safeguard the interests of the public.

(c) An application shall be signed under oath:

(1) in the case of an individual applicant, by the applicant; or

(2) in the case of an applicant that is a business entity, by an individual who has direct control over its fiscal management, an owner, partner, member, or manager of the business entity, or a director of a business entity that is a corporation.
Md. Code, Correctional Services § 10-202 — MD Code / Article gcs / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

There is an Inmate Grievance Office in the Department.
Md. Code, State Government § 10-224 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-224
§10–224.
Status: in_force

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

(2) “Business” means a trade, professional activity, or other business that is conducted for profit.

(3) “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.

(b) This section applies only to:

(1) an agency operating statewide;

(2) a business that, on the date when the contested case or civil action is initiated, meets the definition of a small business under § 2–1505.2 of this article; and

(3) a nonprofit organization.

(c) Subject to the limitations in this section, an agency or court may award to a business or nonprofit organization reimbursement for expenses that the business or nonprofit organization reasonably incurs in connection with a contested case or civil action that:

(1) is initiated against the business or nonprofit organization by an agency as part of an administrative or regulatory function;

(2) is initiated without substantial justification or in bad faith; and

(3) does not result in:

(i) an adjudication, stipulation, or acceptance of liability of the business or nonprofit organization;

(ii) a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the business or nonprofit organization; or

(iii) a settlement agreement under which the business or nonprofit organization agrees to take corrective action or to pay a monetary sum.

(d) (1) To qualify for an award under this section when the agency has initiated a contested case, the business or nonprofit organization must make a claim to the agency before taking any appeal.

(2) The agency shall act on the claim.

(e) (1) An award under this section may include:

(i) the expenses incurred in the contested case;

(ii) court costs;

(iii) counsel fees; and

(iv) the fees of necessary witnesses.

(2) An award under this section may not exceed $10,000.

(3) The court may reduce or deny an award to the extent that the conduct of the business or nonprofit organization during the proceedings unreasonably delayed the resolution of the matter in controversy.

(f) An award under this section shall be paid as provided in the State budget.

(g) (1) If the agency denies an award under this section, the business or nonprofit organization may appeal, as provided in this subtitle.

(2) An agency may appeal an award that a court makes under this section.
Md. Code, Economic Development § 10-902 — MD Code / Article gec / Title 10 / Subtitle 9 / Section 10-902
§10–902.
Status: in_force

(a) There is a Maryland Public–Private Partnership Marketing Corporation.

(b) The Corporation is a body politic and corporate and is an instrumentality of the State.

(c) The purposes of the Corporation are to:

(1) create a branding strategy for the State;

(2) market the State’s assets to out–of–state businesses;

(3) recruit out–of–state businesses to locate and grow in the State; and

(4) foster public–private partnerships that encourage location and development of new businesses in the State.
Md. Code, Estates and Trusts § 10-105 — MD Code / Article get / Title 10 / Subtitle 1 / Section 10-105
§10–105.
Status: in_force

Nothing in this subtitle affects the authority of a personal representative to perform ministerial or confirmatory acts after an estate is closed or the appointment of the personal representative is terminated.
Md. Code, Natural Resources § 10-420.1 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-420.1
§10–420.
Status: in_force

§10–420.1.

Notwithstanding any hunting law or regulation to the contrary, a person may hunt deer with a handgun having a barrel length of 6 inches or longer and ammunition which produces a muzzle energy of 700 foot pounds or more during the firearms hunting season only in hunting areas where a high-powered rifle is allowed as provided in § 10-415 of this subtitle.
Md. Code, Human Services § 10-803 — MD Code / Article ghu / Title 10 / Subtitle 8 / Section 10-803
§10–803.
Status: in_force

The Department shall collect and make available best practices on policies to encourage aging–in–place.
Md. Code, Labor and Employment § 10-309 — MD Code / Article gle / Title 10 / Subtitle 3 / Section 10-309
§10–309.
Status: in_force

(a) The Board shall determine the times and places of its meetings.

(b) Subject to the State budget, each member of the Board is entitled to:

(1) compensation for each day that the member is engaged in duties of the office; and

(2) reimbursement for expenses under the Standard State Travel Regulations.

(c) The Board shall:

(1) appoint a Director for the Fund; and

(2) review the Director’s administration of the Fund.

(d) The Director:

(1) shall have immediate supervision and direction over the administration of the Fund;

(2) may employ staff in accordance with the State budget; and

(3) shall serve as the appointing authority for all staff.

(e) An employee may appeal a disciplinary action taken by the Director to the Board.
Md. Code, Education § 10-214 — MD Code / Article ged / Title 10 / Subtitle 2 / Section 10-214
§10–214.
Status: in_force

The General Assembly finds that:

(1) The State of Maryland wishes to provide all of its citizens with equal access to higher education at excellent and affordable public colleges and universities;

(2) The General Assembly has carefully reviewed the Memorandum Opinions and Orders of the United States District Court for the District of Maryland, issued October 7, 2013, and November 8, 2017, in the action, The Coalition for Equity and Excellence in Maryland Higher Education, et al. v. Maryland Higher Education Commission, et al., 06–CV–02773–CCB;

(3) The District Court found that the State failed to eliminate a traceable de jure era policy of unnecessary duplication of programs at historically black colleges and universities in the State that has exacerbated the racial identifiability of Maryland’s historically black colleges and universities;

(4) Maryland’s historically black colleges and universities, which are Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore, should receive additional support to remedy the findings of the District Court;

(5) The additional support shall be provided in the form of additional funding in the amount of $577,000,000, which shall be provided in amounts as calculated under § 15–126 of this article in each of fiscal years 2023 through 2032, and shall be allocated among the institutions; and

(6) The provisions of §§ 15–126 and 15–127 of this article shall ensure that Maryland’s historically black colleges and universities shall receive this support.
Md. Code, Public Utilities § 10-108 — MD Code / Article gpu / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

(a) A for-hire driver shall have the for-hire driver’s license in the driver’s possession whenever operating a motor vehicle for hire.

(b) (1) A for-hire driver may not deface, remove, or obliterate an official entry made on the for-hire driver’s license.

(2) A violation of this subsection shall be punished by suspension or revocation of the for-hire driver’s license as provided under § 10-110 of this subtitle.
Md. Code, Health - General § 10-514 — MD Code / Article ghg / Title 10 / Subtitle 5 / Section 10-514
§10–514.
Status: in_force

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

(b) “Large private group home” means a private group home that admits at least 10 but not more than 16 individuals.

(c) “License” means a license issued by the Secretary to operate a private group home.

(d) (1) “Private group home” means a residence in which individuals who have been or are under treatment for a mental disorder may be provided care or treatment in a homelike environment.

(2) “Private group home” does not include:

(i) Any facility that is owned by or leased to this State or any public agency;

(ii) Any facility that is regulated by the Department of Juvenile Services;

(iii) Any facility that is regulated by the Developmental Disabilities Administration;

(iv) Any facility that is organized wholly or partly to make a profit; or

(v) A foster home that is the domicile of the foster parent.

(e) “Small private group home” means a private group home that admits at least 4 but not more than 9 individuals.
Md. Code, Tax - General § 10-809 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-809
§10–809.
Status: in_force

If an individual is not required to file an income tax return under § 10-805, § 10-806 or § 10-813 of this subtitle, the individual:

(1) is not liable for income tax; and

(2) may file an income tax return to claim a refund of the income tax withheld or estimated income tax paid or a refund under § 10-704, § 10-707, or § 10-714 of this title.
Md. Code, Real Property § 10-601 — MD Code / Article grp / Title 10 / Subtitle 6 / Section 10-601
§10–601.
Status: in_force

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

(b) “Appliances, fixtures, and items of equipment” means furnaces, boilers, oil tanks and fittings, air purifiers, air handling equipment, ventilating fans, air conditioning equipment, water heaters, pumps, stoves, refrigerators, garbage disposals, compactors, dishwashers, automatic door openers, washers and dryers, bathtubs, sinks, toilets, faucets and fittings, lighting fixtures, circuit breakers, and other similar items.

(c) “Builder” means any person, corporation, partnership or other legal entity:

(1) That is engaged in the business of erecting or otherwise constructing a new home; or

(2) That purchases a completed new home for resale in the course of its business.

(d) “Division” means the Consumer Protection Division of the Office of the Attorney General.

(e) “Electrical systems” means all wiring, electrical boxes, switches, outlets and connections up to the public utility connection.

(f) “Heating, cooling, and ventilating systems” means all duct work, steam, water and refrigerant lines, registers, convectors, radiation elements and dampers.

(g) “Load–bearing portions of the home” means the load–bearing portions of the:

(1) Foundation system and footings;

(2) Beams;

(3) Girders;

(4) Lintels;

(5) Columns;

(6) Walls and partitions;

(7) Floor systems; and

(8) Roof framing system.

(h) “Local jurisdiction” means any county and any municipal corporation in Maryland subject to the provisions of Article XI–E of the Constitution.

(i) (1) “New home” means every newly constructed private dwelling unit in the State and the fixtures and structure that are made a part of a newly constructed private dwelling unit at the time of construction.

(2) “New home” does not include:

(i) Outbuildings, including detached garages and detached carports, except outbuildings that contain plumbing, electrical, heating, cooling, or ventilation systems serving the new home;

(ii) Driveways;

(iii) Walkways;

(iv) Patios and decks;

(v) Boundary walls;

(vi) Retaining walls not necessary for the structural stability of the new home;

(vii) Landscaping;

(viii) Fences;

(ix) Off–site improvements;

(x) Appurtenant recreational facilities; and

(xi) Other similar items as determined by the Secretary of Labor.

(j) “New home warranty” means a series of written promises made by a builder that meets the requirements of this subtitle.

(k) “New home warranty security plan” means a plan that meets the requirements of § 10–606 of this subtitle.

(l) “Owner” means the purchaser of a new home who uses the home primarily for residential purposes during the warranty period.

(m) “Plumbing systems” means:

(1) Gas supply lines and fittings;

(2) Water supply, waste, and vent pipes and their fittings;

(3) Septic tanks and their drain fields; and

(4) (i) Water, gas, and sewer service piping and their extensions to the tie–in of a public utility connection; or

(ii) On–site wells and sewage disposal systems.

(n) (1) “Structural defect” means any defect in the load–bearing portions of a new home that adversely affects its load–bearing function to the extent that the home becomes or is in serious danger of becoming unsafe, unsanitary, or otherwise uninhabitable.

(2) “Structural defect” includes damage due to subsidence, expansion, or lateral movement of soil that has been located or relocated by the builder.

(3) “Structural defect” does not include damage caused by movement of the soil:

(i) Resulting from a flood or earthquake; or

(ii) For which compensation has been provided.

(o) “Warranty date” means the first day that the owner occupies the new home, settles on the new home, makes the final contract payment on the new home, or obtains an occupancy permit for the new home if the home is built on the owner’s property, whichever is earlier.
Md. Code, Insurance § 10-130 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-130
§10–130.
Status: in_force

(a) Except as otherwise provided in §§ 10–102, 10–119, and 10–122 of this subtitle and § 10–602 of this title, a commission, fee, reward, rebate, or other consideration for selling, soliciting, or negotiating insurance may not be paid, directly or indirectly, to a person other than a licensed insurance producer.

(b) Except as otherwise provided in this article, for life insurance or health insurance this section does not prohibit payment to or receipt by a person who formerly held a license and, if the person acted on behalf of an insurer, an appointment of:

(1) commissions on renewal premiums on existing policies; or

(2) other deferred commissions.

(c) Unless the payment would violate § 27–209 or § 27–212 of this article, an insurer or insurance producer may pay or assign commissions, service fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in the State.
Md. Code, Health Occupations § 10-315 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-315
§10–315.
Status: in_force

Subject to the hearing provisions of § 10–316 of this subtitle, the Board may deny a license or temporary license to any applicant, reprimand any licensee or holder of a temporary license, place any licensee or holder of a temporary license on probation, or suspend or revoke a license or temporary license if the applicant, licensee, or holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or temporary license for the applicant, licensee, or holder or for another;

(2) Fraudulently or deceptively uses a license or temporary license;

(3) Commits any act of gross negligence, incompetence, or misconduct in the practice of occupational therapy or limited occupational therapy;

(4) Knowingly violates any provision of this title;

(5) Violates any rule or regulation of the Board, including any code of ethics adopted by the Board;

(6) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(7) Aids or abets an unauthorized individual in the practice of occupational therapy or limited occupational therapy;

(8) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(9) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(10) Willfully makes or files a false report or record in the practice of occupational therapy or limited occupational therapy;

(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(12) Submits a false statement to collect a fee;

(13) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; or

(14) Fails to submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.
Md. Code, Insurance § 10-6A-07 — MD Code / Article gin / Title 10 / Subtitle 6A / Section 10-6A-07
§10–6A–07.
Status: in_force

The Commissioner may adopt regulations to carry out the provisions of this subtitle, including regulations concerning:

(1) the form and content of required disclosures to shared vehicle drivers;

(2) the training requirements for employees and authorized representatives of a peer–to–peer car sharing program; and

(3) the qualifications of the individuals who provide training for employees and authorized representatives of a peer–to–peer car sharing program.
Md. Code, Family Law § 10-121 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-121
§10–121.
Status: in_force

(a) Any order under this Part III of this subtitle that is passed on or after July 1, 1985 shall constitute an immediate and continuing withholding order on all earnings of the obligor that are due on or after the date of the support order.

(b) (1) Any order under this Part III of this subtitle that is passed before July 1, 1985 shall become an immediate and continuing withholding order on all earnings of the obligor that are due on or after the date of the withholding order on the filing by the recipient or support enforcement agency of:

(i) a motion for a withholding order on the earnings of the obligor; and

(ii) a current support order.

(2) Notice of the filing of the motion and a statement that the support order constitutes an earnings withholding order subject to the conditions of this Part III of this subtitle shall be sent to the obligor by certified mail, return receipt requested and first–class mail, at the last known home address or, if the home address is unknown, the place of employment of the obligor.

(c) Any support order or modification of support order not subject to immediate withholding under § 10-123 of this subtitle, that is passed on or after July 1, 1985, and any notice and statement issued under subsection (b)(2) of this section shall include a statement that:

(1) if the obligor accumulates support payments arrears amounting to more than 30 days of support, the obligor shall be subject to earnings withholding;

(2) so long as the support order is in effect, the obligor is required to notify the court of:

(i) any change of address within 10 days after moving to a new address; or

(ii) any change of employment within 10 days after receiving the first earnings from a new employer; and

(3) failure to comply with item (2) of this subsection will subject the obligor to a penalty not to exceed $250 and may result in the obligor’s not receiving notice of proceedings for earnings withholding.
Md. Code, Corporations and Associations § 10-107 — MD Code / Article gca / Title 10 / Subtitle 1 / Section 10-107
§10–107.
Status: in_force

(a) Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and subject to other applicable law has the same rights and obligations with respect thereto as a person who is not a partner.

(b) Except in the case of action or failure to act by a partner which constitutes willful misconduct or recklessness, and subject to the standards and restrictions, if any, set forth in its partnership agreement, a limited partnership has the power to indemnify and hold harmless any partner, employee, or agent of the limited partnership from and against any and all claims and demands whatsoever.
Md. Code, Natural Resources § 10-1106 — MD Code / Article gnr / Title 10 / Subtitle 11 / Section 10-1106
§10–1106.
Status: in_force

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

(b) The device, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.
Md. Code, Housing and Community Development § 10-109 — MD Code / Article ghs / Title 10 / Subtitle 1 / Section 10-109
§10–109.
Status: in_force

(a) The Board shall comply with the Maryland Public Ethics Law.

(b) The Board is exempt from:

(1) taxation by the State or its political subdivisions;

(2) the General Procurement Law provisions of Division II of the State Finance and Procurement Article; and

(3) the Administrative Procedure Act, Title 10, Subtitles 1 through 4, of the State Government Article.
Md. Code, Corporations and Associations § 10-602 — MD Code / Article gca / Title 10 / Subtitle 6 / Section 10-602
§10–602.
Status: in_force

A general partner may withdraw from a limited partnership at any time by giving written notice to the other partners, but if the withdrawal notice violates the partnership agreement, the limited partnership may recover from the withdrawing general partner damages for breach of the partnership agreement and offset the damages against the amount otherwise distributable to the withdrawing general partner.
Md. Code, Natural Resources § 10-103 — MD Code / Article gnr / Title 10 / Subtitle 1 / Section 10-103
§10–103.
Status: in_force

(a) In this section, “Program” means the Wildlife Conservation, Education, and Outreach Program.

(b) There is a Wildlife Conservation, Education, and Outreach Program in the Department.

(c) The purpose of the Program is to:

(1) Provide outreach on outdoor recreation and stewardship to suburban and exurban community leaders, organizations, schools, and universities;

(2) Connect elementary and middle school students, their parents, and university students located in suburban and exurban areas to outdoor recreation and stewardship opportunities;

(3) Foster interest in the use of private land and undeveloped public land for outdoor recreation; and

(4) Foster interest in hunting and wildlife conservation.

(d) The Department, in consultation with Program staff, shall develop a plan to increase engagement of communities that historically have not had access to hunting and conservation programs and engagement of veterans in:

(1) Outdoor recreation and stewardship;

(2) Hunting; and

(3) Wildlife conservation.
Md. Code, Insurance § 10-6A-01 — MD Code / Article gin / Title 10 / Subtitle 6A / Section 10-6A-01
§10–6A–01.
Status: in_force

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

(b) “Authorized representative” means an independent contractor of a peer–to–peer car sharing program.

(c) “Car sharing period” has the meaning stated in § 19–520 of this article.

(d) “Peer–to–peer car sharing program” means a peer–to–peer car sharing program, as defined in § 19–520 of this article, that sells or offers a motor vehicle liability insurance policy issued by an insurer under § 19–520 of this article.

(e) “Peer–to–peer car sharing program agreement” has the meaning stated in § 19–520 of this article.

(f) “Shared vehicle driver” has the meaning stated in § 19–520 of this article.

(g) “Vehicle” means a motor vehicle:

(1) of the private passenger type, including passenger vans, minivans, and sport utility vehicles; or

(2) of the cargo type, including cargo vans, pickup trucks, and trucks that do not require the operator to possess a commercial driver’s license.
Md. Code, Economic Development § 10-347 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-347
§10–347.
Status: in_force

(a) The Health Services Cost Review Commission may determine to provide for the payment of all or part of the reasonable closure costs of a hospital having outstanding public obligations if the Health Services Cost Review Commission determines that the payment is necessary or appropriate to:

(1) encourage and assist the hospital to close; or

(2) implement the Program created by this part.

(b) In making the determinations under subsection (a) of this section, the Health Services Cost Review Commission shall consider:

(1) the system–wide savings to the State health care system expected to result from the closure or delicensure of the hospital during the longer of:

(i) the period when the fee will be assessed to provide for the payment of the closure costs or any bond issued to finance the closure costs; or

(ii) 5 years after the date of closure or delicensure; and

(2) the recommendations of the Maryland Health Care Commission and the Authority.

(c) Within 60 days after receiving the notice of closure or delicensure required by § 10–344(a)(1)(i) or (b) of this subtitle, the Health Services Cost Review Commission shall:

(1) determine whether to provide for the payment of all or a part of the closure costs of the hospital in accordance with this section; and

(2) give written notification of its determination to the Maryland Health Care Commission and the Authority.

(d) This section does not require the Health Services Cost Review Commission to provide for the payment of any closure costs of a closed or delicensed hospital.

(e) In a proceeding involving the validity or enforceability of a bond issued to finance closure costs or any security for the bond, the determinations of the Health Services Cost Review Commission under this section are conclusive and binding.
Md. Code, Local Government § 10-103 — MD Code / Article glg / Title 10 / Subtitle 1 / Section 10-103
§10–103.
Status: in_force

The express powers contained in this title are intended to and shall be deemed to incorporate and include the power and authority contained in Title 5, Subtitle 8, Part II of the General Provisions Article.
Md. Code, Natural Resources § 10-309 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-309
§10–309.
Status: in_force

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

(2) “Waterfowl hunting guide” means an individual who:

(i) Is an employee of a waterfowl outfitter; and

(ii) Furnishes personal guiding services in assisting individuals to hunt wild waterfowl.

(3) (i) “Waterfowl outfitter” means an individual who receives monetary consideration for the outfitting or guiding of hunters to hunt wild waterfowl.

(ii) A “waterfowl outfitter” may be:

1. Self-employed; or

2. An officer of a corporation or partner in a partnership that operates a commercial service that outfits or guides hunters to hunt wild waterfowl.

(iii) “Waterfowl outfitter” does not include a waterfowl hunting guide, agent, employee, or helper of a waterfowl outfitter.

(b) Except as provided in § 10–309.1 of this subtitle, an individual must be licensed by the Department as a waterfowl outfitter or a waterfowl guide before the individual may receive monetary consideration for outfitting or guiding a hunter to hunt wild waterfowl.

(c) The Department shall adopt regulations that include:

(1) Minimum qualifications to obtain a waterfowl outfitter and waterfowl hunting guide license and other application requirements;

(2) Procedures for the review of applications;

(3) Criteria for the issuance and denial of licenses;

(4) Grounds for license suspension and revocation;

(5) Standards for the conduct of waterfowl outfitters and waterfowl hunting guides; and

(6) Any other provisions the Department finds necessary to regulate waterfowl outfitters and waterfowl hunting guides.

(d) (1) The fees for licenses are as follows:

(i) Waterfowl outfitter $300

(ii) Waterfowl hunting guide $50

(2) The term of a waterfowl outfitter license and a waterfowl hunting guide license is 1 year from August 1 through July 31 of each year.

(e) The Department may suspend or revoke a waterfowl outfitter license of an individual based on a conviction for a violation by a waterfowl hunting guide committed while the waterfowl hunting guide was employed by the waterfowl outfitter.
Md. Code, Transportation § 10-206.1 — MD Code / Article gtr / Title 10 / Subtitle 2 / Section 10-206.1
§10–206.
Status: in_force

§10–206.1.

(a) The Maryland Transit Administration shall ensure that transit service provided in the State in accordance with this subtitle meets the special needs of disabled persons.

(b) When providing transit service to meet the special needs of disabled persons, the Maryland Transit Administration shall:

(1) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with subsection (c) of this section, for State and national criminal history records checks of the Maryland Transit Administration’s employees who are or will be employed to provide transit service to disabled persons;

(2) Ensure that any entity that contracts with the Maryland Transit Administration to provide transit service to disabled persons applies to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with subsection (c) of this section, for State and national criminal history records checks of the contractor’s employees who provide transit service to disabled persons; and

(3) Ensure that all employees of the Maryland Transit Administration or a contractor of the Administration who are or will be employed to provide transit service to disabled persons successfully complete a course, jointly developed by the State Department of Education and the Department of Disabilities and approved by the Maryland Transit Administration, on matters relating to appropriate accommodation, including customer service, sensitivity, and respectful and courteous treatment of all passengers, including disabled persons.

(c) (1) In this subsection, “Central Repository” has the meaning stated in § 10–201 of the Criminal Procedure Article.

(2) The Maryland Transit Administration or contractor shall apply to the Central Repository for a State and national criminal history records check for each employee subject to this subsection.

(3) As part of the application for a criminal history records check, the Maryland Transit Administration or contractor shall submit to the Central Repository:

(i) Two complete sets of the employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(iii) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(4) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the employee and the Maryland Transit Administration or contractor a printed statement of the employee’s criminal history record information.

(5) Information obtained from the Central Repository under this subsection shall be:

(i) Confidential and may not be disseminated; and

(ii) Used only for the purpose authorized by this subsection.

(6) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Economic Development § 10-481 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-481
§10–481.
Status: in_force

In this part, “Fund” means the Inclusion Fund established in § 10–482 of this subtitle.
Md. Code, Corporations and Associations § 10-1004 — MD Code / Article gca / Title 10 / Subtitle 10 / Section 10-1004
§10–1004.
Status: in_force

If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees, and shall direct him to remit to the limited partnership the remainder of those proceeds received by him.
Md. Code, Economic Development § 10-644 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-644
§10–644.
Status: in_force

(a) Except as allowed by § 10-639 of this subtitle, to finance acquisition and construction of any segment of a sports facility, the Authority shall comply with this section.

(b) The Authority shall provide certification to the Legislative Policy Committee and the Board of Public Works, supported by a detailed report, that the Authority has:

(1) attempted to maximize private investment in the sports facility proposed to be financed; and

(2) with respect to a baseball or football stadium, negotiated a lease or a renewal or extension of a lease that will not terminate prior to the maturity date or payoff of any bonds issued for the stadium.

(c) The Authority shall provide to the fiscal committees of the General Assembly, at least 45 days before seeking approval of the Board of Public Works for each bond issue or other borrowing, a comprehensive financing plan for the relevant segment of the facility, including the effect of the financing plan on financing options for other segments of the facility and anticipated revenues from private investment.

(d) The Authority shall obtain the approval of the Board of Public Works of the proposed bond issue, the lease or a renewal or extension of a lease described under subsection (b)(2) of this section, and the financing plan.
Md. Code, Criminal Procedure § 10-235 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-235
§10–235.
Status: in_force

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The County Administrator in Washington County may request with reference to a prospective employee of Washington County:

(1) a State and national criminal history records check from the Central Repository; or

(2) a background investigation from an independent private investigation agency.

(c) (1) As part of the application for a criminal history records check, the County Administrator of Washington County shall submit to the Central Repository:

(i) two complete sets of the prospective employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(2) In accordance with §§ 10–201 through 10–234 of this subtitle, the Central Repository shall forward to the prospective employee and the County Administrator of Washington County the prospective employee’s criminal history record information.

(3) Information obtained from the Central Repository under this section:

(i) is confidential and may not be redisseminated; and

(ii) may be used only for the employment purpose authorized by this section.

(4) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.

(d) The County Administrator of Washington County shall pay to the independent private investigation agency the fee that is imposed for each request made under subsection (b) of this section.

(e) The County Commissioners of Washington County may adopt regulations, guidelines, and policies to carry out this section.
Md. Code, Health - General § 10-410 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-410
§10–410.
Status: in_force

There is a citizens’ advisory board for each State facility.
Md. Code, Insurance § 10-205 — MD Code / Article gin / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

An applicant for a license shall file with the Commissioner an application on the form that the Commissioner provides.
Md. Code, State Government § 10-133 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-133
§10–133.
Status: in_force

(a) Based on the schedules submitted by the adopting authorities under § 10-132.1 of this subtitle, the Governor shall, by an executive order consistent with this part, provide for the review and evaluation of the regulations of each unit in accordance with this part.

(b) The executive order shall provide that a review and evaluation of the regulations of all units be undertaken every 8 years, beginning on July 1, 1995 and is repeated during each 8-year period thereafter.

(c) The executive order under subsection (b) of this section shall schedule the evaluations in such a manner that:

(1) a deadline is established for each unit to complete its evaluation; and

(2) the deadlines of the various units are staggered across the entire 8-year period.

(d) (1) The executive order shall provide that, on written request from a unit, the Governor may alter the deadline for that unit.

(2) If the Governor approves a request to alter a deadline, the unit shall notify the Committee.
Md. Code, Election Law § 10-201 — MD Code / Article gel / Title 10 / Subtitle 2 / Section 10-201
§10–201.
Status: in_force

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each local board shall provide at least four election judges to be the staff for each polling place.

(ii) In a precinct with fewer than 200 registered voters, the local board may provide two election judges for that precinct’s polling place.

(2) An election judge shall be appointed in accordance with the requirements of § 10–203 of this subtitle.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, to the extent practicable, each polling place shall have an equal number of election judges, including chief judges designated under § 10–203 of this subtitle, from:

(i) the majority party; and

(ii) the principal minority party.

(2) If the total number of election judges for a precinct is six or more:

(i) a local board may provide one or more election judges who are not registered with either the majority party or principal minority political party; and

(ii) a local board may provide one or more election judges who are minors.

(3) (i) This paragraph applies if an election director is unable to designate chief judges for a polling place at least 45 days before the start of early voting.

(ii) If an election director designating two chief judges for a polling place under § 10–203 of this subtitle is unable to designate the chief judges in accordance with paragraph (1) of this subsection, an election director shall designate:

1. one chief judge from the majority party or the principal minority political party; and

2. one chief judge who is not registered with either the majority party or the principal minority political party.
Md. Code, Health - General § 10-627 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-627
§10–627.
Status: in_force

On the first work day after admission of an emergency evaluee who is 65 years old or older, the geriatric evaluation team in the county where the emergency evaluee resides shall be informed.
Md. Code, Correctional Services § 10-406 — MD Code / Article gcs / Title 10 / Subtitle 4 / Section 10-406
§10–406.
Status: in_force

The Department shall provide staff to a committee in accordance with the State budget.
Md. Code, Courts and Judicial Proceedings § 10-806 — MD Code / Article gcj / Title 10 / Subtitle 8 / Section 10-806
§10–806.
Status: in_force

This subtitle shall be construed and interpreted to effectuate its general purpose to make uniform the law in those states which enact it.
Md. Code, Family Law § 10-219 — MD Code / Article gfl / Title 10 / Subtitle 2 / Section 10-219
§10–219.
Status: in_force

(a) An individual who has care, custody, or control of a minor child may not desert the child:

(1) with the intent that the child become a public charge; or

(2) without providing for the child’s support for at least 3 years by a responsible individual or a licensed child care facility.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 1 year.
Md. Code, Local Government § 10-303 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-303
§10–303.
Status: in_force

(a) If a county executive is authorized, the county may set the qualifications, term of office, and compensation for the county executive.

(b) A county may provide for the appointment and removal of all county officers except those whose appointment or election is provided for by the Maryland Constitution or public general law.

(c) A county legislative body may enact local laws to:

(1) prevent conflicts between the private interests and public duties of county officers and members of the county legislative body;

(2) govern the conduct and actions of all county officers and members of the county legislative body in the performance of their public duties; and

(3) provide for penalties, including removal from office, for a violation of the local laws or any regulations adopted under the local laws.

(d) A county may provide for a merit system governing the appointment of county officials and employees not elected or appointed under the Maryland Constitution or public general law.
Md. Code, Public Utilities § 10-203 — MD Code / Article gpu / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

(a) (1) An applicant for a permit to operate a taxicab business shall submit to the Commission an application on the form that the Commission provides.

(2) The Commission shall issue a permit if, after investigation, the Commission determines that issuing the permit would be best for the public welfare and convenience.

(b) In determining whether to issue a permit, the Commission shall consider all relevant factors including:

(1) the number of taxicabs to be used;

(2) the taxicab and other transportation services already available in the locality; and

(3) the rate to be charged.

(c) If it appears that a taxicab company is making an effort to mislead the public by imitating the name, design, or distinctive combination of colors of any taxicab already approved by the Commission, the Commission shall:

(1) reject the taxicab company’s application for a permit; or

(2) revoke or suspend the taxicab company’s existing permit.
Md. Code, Insurance § 10-702 — MD Code / Article gin / Title 10 / Subtitle 7 / Section 10-702
§10–702.
Status: in_force

This subtitle does not apply to:

(1) a service contract governed by Title 14, Subtitle 4 of the Commercial Law Article that does not include coverage for loss by disappearance or theft;

(2) a policy of insurance covering a seller’s or a manufacturer’s obligations under a warranty; or

(3) a homeowner’s, renter’s, motor vehicle, or similar policy that covers loss or theft of portable electronics.
Md. Code, Agriculture § 10-1806 — MD Code / Article gag / Title 10 / Subtitle 18 / Section 10-1806
§10–1806.
Status: in_force

It shall be a violation of this subtitle for any person to knowingly:

(1) Sell or offer for sale waste kitchen grease to an unregistered person for transport in violation of this subtitle;

(2) Remove waste kitchen grease from a container owned by another person;

(3) Steal or damage a waste kitchen grease container owned by another person, or place a label on a container owned by another person to assert ownership over the container; or

(4) Take possession of waste kitchen grease that was stolen or transported in violation of this subtitle.
Md. Code, Economic Development § 10-414 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-414
§10–414.
Status: in_force

The books and records of the Corporation are subject to audit:

(1) at any time by the State; and

(2) each year by an independent auditor.
Md. Code, Health - General § 10-6A-01 — MD Code / Article ghg / Title 10 / Subtitle 6A / Section 10-6A-01
§10–6A–01.
Status: in_force

§10–6A–01. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

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

(b) “Assisted outpatient treatment” means a specific regimen of outpatient treatment for a serious and persistent mental illness to which an individual is ordered by the court to adhere.

(c) “Care coordination team” means a multidisciplinary team under the oversight of a local behavioral health authority, core service agency, or the Department.

(d) “Harm to others” means an act or attempt at or credible threat of serious violent behavior toward others.

(e) “Harm to the individual” means self–harming behavior or an attempt at suicide.

(f) “Hospital” has the meaning stated in § 19–301 of this article.

(g) “Program” means an assisted outpatient treatment program.

(h) “Serious and persistent mental illness” means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to meet the ordinary demands of life, and that may lead to an inability to maintain independent functioning in the community without intensive treatment and support.

(i) “Treatment plan” means a plan developed by a care coordination team that:

(1) Incorporates all outpatient treatment services that are determined to be essential and available for the maintenance of an individual’s health and safety; and

(2) Includes, at a minimum:

(i) Services of a treating psychiatrist;

(ii) Case management;

(iii) Services of a certified peer recovery specialist; and

(iv) If clinically appropriate, assertive community treatment services.
Md. Code, Economic Development § 10-841 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-841
§10–841.
Status: in_force

(a) The Center may secure bonds by a trust agreement.

(b) The corporate trustee under a trust agreement may be a trust company or a bank that has the powers of a trust company in or outside the State.

(c) In addition to the provisions described in § 10–840(h) of this subtitle, the trust agreement may contain:

(1) either:

(i) a provision conveying or mortgaging all or a portion of the project; or

(ii) a provision creating a collateral account;

(2) other provisions that the Center considers reasonable and proper for the security of bondholders; and

(3) a provision that restricts the individual right of action by bondholders.

(d) An expense incurred in carrying out the trust agreement or a resolution may be treated as part of the cost of the operation of a project.
Md. Code, Economic Development § 10-622 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-622
§10–622.
Status: in_force

(a) (1) Subject to subsection (b) of this section, the Authority may prepare studies and may design and construct projects for units of the State, the University of Maryland Medical System, and political subdivisions.

(2) The studies may include site studies, architectural programs, budget estimates, value engineering, and project schedules.

(b) Before beginning work under subsection (a) of this section on behalf of a unit of the State, the University of Maryland Medical System, or a political subdivision, the Authority shall:

(1) notify the budget committees of the General Assembly in writing of the proposed project and its estimated costs and funding sources; and

(2) allow the budget committees 30 days to review and comment on the proposed work.

(c) The Authority may enter into contracts, retain consultants, and make recommendations relating to project activities under this section.

(d) (1) For project activities under this section, the Authority shall use money that is:

(i) provided by the unit of the State, the University of Maryland Medical System, or local government; or

(ii) otherwise appropriated for the particular purpose.

(2) In each fiscal year the Authority:

(i) may use up to $500,000 of its available nonbudgeted money for feasibility studies that are approved by the budget committees; but

(ii) may not use this money for construction.
Md. Code, Health - General § 10-1306 — MD Code / Article ghg / Title 10 / Subtitle 13 / Section 10-1306
§10–1306.
Status: in_force

This subtitle is the Uniform Act for the Extradition of Persons of Unsound Mind.
Md. Code, Agriculture § 10-605 — MD Code / Article gag / Title 10 / Subtitle 6 / Section 10-605
§10–605.
Status: in_force

Any person pecuniarily interested in any farm product may appeal the assigned grade classification to the Secretary, in accordance with the rules and regulations adopted by the Secretary. When filing the appeal, the appellant shall deposit a sum double the fee charged by the Secretary, which shall be refunded to the appellant, if the assigned grade classification is found erroneous. The Secretary shall correct any error by affirmative action as necessary.
Md. Code, Family Law § 10-348 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-348
§10–348.
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this State in the same manner provided in §§ 10–340 through 10–347 of this subtitle if the order has not been registered. A complaint for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Md. Code, Corporations and Associations § 10-7A-01 — MD Code / Article gca / Title 10 / Subtitle 7A / Section 10-7A-01
§10–7A–01.
Status: in_force

(a) In this subtitle, “other entity” means:

(1) A Maryland corporation incorporated under Title 2 of this article;

(2) A foreign corporation, as defined in § 1–101 of this article;

(3) A domestic limited liability company, as defined in §�4A–101 of this article;

(4) A foreign limited liability company, as defined in §�4A–101 of this article;

(5) A partnership, as defined in § 9A–101 of this article;

(6) A business trust, as defined in §�1–101 of this article;

(7) An other form of unincorporated business formed under the laws of this State or the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country; or

(8) A foreign limited partnership, including a foreign limited partnership registered or denominated as a limited liability limited partnership under the laws of a state other than this State.

(b) Unless the partnership agreement provides otherwise, a limited partnership may convert to an other entity by:

(1) Approving the conversion in accordance with § 10–7A–02 of this subtitle; and

(2) Filing for record with the Department articles of conversion executed in the manner required by § 10–204 of this title.

(c) An other entity may convert to a limited partnership by complying with the requirements of §�10–7A–02 of this subtitle and filing for record with the Department:

(1) Articles of conversion executed in the manner required by § 10–204 of this title; and

(2) A certificate of limited partnership that complies with §�10–201 of this title and, in the case of the conversion of an other entity to a limited liability partnership, §�10–805 of this title, executed in the manner required by §�10–204 of this title.
Md. Code, Family Law § 10-128 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-128
§10–128.
Status: in_force

(a) An earnings withholding order or an earnings withholding notice sent to the obligor’s employer shall:

(1) be a separate document, and not include any other orders or pleadings; and

(2) include only the following information:

(i) the amount to be withheld from the obligor’s earnings including explanation of the application of the federal Consumer Credit Protection Act limits;

(ii) that subject to further orders of the tribunal, the employer is required to withhold the stated amount on a regular and continuing basis commencing on the beginning of the next pay period after receipt of the earnings withholding order or the earnings withholding notice;

(iii) that the employer may deduct and retain from the employee’s earnings an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice;

(iv) that the net amount withheld is to be sent promptly to the State disbursement unit; and

(v) any other information that the employer needs to comply with the earnings withholding order or earnings withholding notice.

(b) An earnings withholding order or earnings withholding notice is binding on each present and future employer of the obligor on whom a copy of the earnings withholding order or earnings withholding notice is served.

(c) Subject to federal law, an earnings withholding order or earnings withholding notice under this Part III of this subtitle has priority over any other lien or legal process.

(d) The copy of the earnings withholding order or earnings withholding notice served on the employer of the obligor shall contain a statement that upon willful violation of the earnings withholding order or earnings withholding notice the employer shall be subject to civil penalties.
Md. Code, Corporations and Associations § 10-401 — MD Code / Article gca / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

Except as otherwise provided in the partnership agreement, after the filing of the initial certificate, additional general partners may be admitted with the consent of all general partners and a majority in interest of limited partners (determined on the basis of the sharing of profits and losses).
Md. Code, Economic Development § 10-310 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

(a) (1) Subject to the approval of the Governor, the Authority may appoint a full-time or part-time General Counsel.

(2) The General Counsel serves at the pleasure of the Authority.

(3) The Authority shall determine the compensation of the General Counsel.

(4) The General Counsel may not be a member of the Authority.

(b) The General Counsel, if appointed, is the legal advisor to the Authority and, at the direction of the Authority, shall represent the Authority in judicial or other proceedings.
Md. Code, Election Law § 10-403 — MD Code / Article gel / Title 10 / Subtitle 4 / Section 10-403
§10–403.
Status: in_force

(a) (1) A local board may participate in the Program.

(2) A participating local board shall implement or use components of the page training program developed by the State Board under § 10–402(c)(1) of this subtitle.

(3) A participating local board may request from the State Board a waiver from a requirement established under this subtitle.

(b) Each participating local board shall:

(1) be responsible for the staffing of and implementation of a page training program;

(2) ensure each page receives the required training before election day; and

(3) encourage individuals at least 16 years old who apply to the Program to train as an election judge.

(c) An individual may not work as a page in a polling place unless the individual has completed the training provided by the local board.

(d) Each participating local board, in collaboration with the local school system, shall establish a procedure for the selection of pages by the local board.

(e) Each participating local board may recognize and certify community service hours for pages.

(f) This section does not require a local board to participate in the Program.
Md. Code, Real Property § 10-604 — MD Code / Article grp / Title 10 / Subtitle 6 / Section 10-604
§10–604.
Status: in_force

(a) (1) Except for coverage excluded under paragraph (2) of this subsection, a new home warranty provided under a new home warranty security plan shall warrant at a minimum that:

(i) For 1 year, beginning on the warranty date, the new home is free from any defects in materials and workmanship;

(ii) For 2 years, beginning on the warranty date, the new home is free from any defect in the electrical, plumbing, heating, cooling, and ventilating systems, except that in the case of appliances, fixtures and items of equipment, the warranty may not exceed the length and scope of the warranty offered by the manufacturer; and

(iii) For 5 years, beginning on the warranty date, the new home is free from any structural defect.

(2) A new home warranty provided under a new home warranty security plan may exclude the following:

(i) Damage to real property that is not part of the home covered by the warranty or that is not included in the purchase price of the home;

(ii) Bodily injury or damage to personal property;

(iii) Any defect in materials supplied or work performed by anyone other than the builder or the builder’s employees, agents, or subcontractors;

(iv) Any damage that the owner has not taken timely action to minimize or for which the owner has failed to provide timely notice to the builder;

(v) Normal wear and tear or normal deterioration;

(vi) Insect damage, except where the builder has failed to use proper materials or construction methods designed to prevent insect infestation;

(vii) Any loss or damage that arises while the home is being used primarily for nonresidential purposes;

(viii) Any damage to the extent it is caused or made worse by negligence, improper maintenance or improper operations by anyone other than the builder or its employees, agents, or subcontractors;

(ix) Any damage to the extent it is caused or made worse by changes of the grading of the ground by anyone other than the builder, its employees, agents, or subcontractors; and

(x) Any loss or damage caused by acts of God.

(b) A builder who has disclosed that the builder participates in a new home warranty security plan shall:

(1) Furnish to the owner at the time of the purchase or construction contract:

(i) The name and phone number of the builder’s new home warranty security plan;

(ii) Details of the warranty coverage provided under the plan; and

(iii) In a form to be determined by the Division, evidence that:

1. The builder currently is a participant in good standing with a plan that satisfies the requirements of § 10-606(a) of this subtitle; and

2. The new home is eligible for registration or has been registered in the builder’s new home warranty security plan;

(2) Disclose to the owner at the time of the purchase or construction contract:

(i) Any actual knowledge that the builder has of any hazardous or regulated materials, including asbestos, lead-based paint, radon, methane, underground storage tanks, licensed landfills, unlicensed landfills, licensed rubble fills, unlicensed rubble fills, or other environmental hazards, present on the site of the new home; or

(ii) That the builder is making no representations or warranties as to whether there is any hazardous or regulated material on the site of the new home; and

(3) Either:

(i) Provide the new home with a new home warranty if the builder belongs to a new home warranty security plan that:

1. Requires the builder to register every new home that the builder builds; or

2. Does not require the builder to register every new home but the builder has decided to sell the new home with a new home warranty; or

(ii) If the builder belongs to a new home warranty security plan that does not require the builder to register every new home and the builder has not decided whether or not to sell the new home with a new home warranty, give the owner the option of:

1. Purchasing the new home with the new home warranty provided by the builder’s new home warranty security plan; or

2. Waiving the right to warranty coverage by making the affirmative waiver described in § 10-607 of this subtitle.

(c) (1) If the purchase or construction contract provides that the new home shall be covered by a new home warranty under a new home warranty security plan it shall constitute a material breach of the contract if either:

(i) The builder was not a participant in good standing on the date of the contract with a new home warranty security plan that satisfies the requirements of § 10-606(a) of this subtitle; or

(ii) The new home has not been registered in the plan on or before the warranty date.

(2) If there has been a material breach of the contract, the owner shall be entitled to whatever remedies are provided by law including, but not limited to:

(i) Rescission of the contract; and

(ii) Except in the case of a construction contract for a new home built on the owner’s property, a refund of any money paid to the builder for the new home.

(d) (1) The builder shall notify the new home warranty security plan of each new home being constructed by the builder on the earlier of the date of the purchase or construction contract or the start of construction of the new home.

(2) Upon receipt of notification by the builder as required in paragraph (1) of this subsection, the new home shall be eligible for registration in the builder’s new home warranty security plan.

(e) (1) Upon registration of the new home in the new home warranty security plan, warranty coverage which has not been waived by the owner shall be provided beginning on the warranty date for the new home constructed by the builder, provided that the builder was in good standing with the new home warranty security plan at the time of the contract.

(2) On the warranty date, the builder shall provide the owner with evidence, in a form approved by the Division that the new home is covered by a new home warranty that meets the requirements of this subtitle.

(3) Within 60 days from the warranty date, the builder’s new home warranty security plan shall provide the owner with validated new home warranty documents.

(f) A new home warranty shall benefit any successor in title to the owner who occupies the home for residential purposes during the warranty period.
Md. Code, Courts and Judicial Proceedings § 10-913 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-913
§10–913.
Status: in_force

(a) In any action for punitive damages for personal injury, evidence of the defendant’s financial means is not admissible until there has been a finding of liability and that punitive damages are supportable under the facts.

(b) A claim filed with the Health Care Alternative Dispute Resolution Office in accordance with § 3-2A-04 of this article shall be considered an action for purposes of this section.
Md. Code, Family Law § 10-361 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-361
§10–361.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this State shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:

(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) the issuing tribunal lacked personal jurisdiction consistent with § 10–304 of this subtitle;

(3) the order is not enforceable in the issuing country;

(4) the order was obtained by fraud in connection with a matter of procedure;

(5) a record transmitted in accordance with § 10–359 of this subtitle lacks authenticity or integrity;

(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;

(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this subtitle in this State;

(8) payment, to the extent alleged arrears have been paid in whole or in part;

(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) the order was made in violation of § 10–364 of this subtitle.

(c) If a tribunal of this State does not recognize a Convention support order under subsection (b)(2), (4), or (9) of this section:

(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) the Administration shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 10–357 of this subtitle.
Md. Code, Health - General § 10-631 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-631
§10–631.
Status: in_force

(a) The Administration shall prepare and provide each facility with standard forms that provide, in clear and simple words, at least the following information:

(1) Notice of the admission of the individual;

(2) The right of the individual to consult with a lawyer that the individual chooses;

(3) The availability of the services of the legal aid bureaus, lawyer referral services, and other agencies that exist for the referral of individuals who need legal counsel;

(4) The right of the individual to call or write a lawyer or a referral agency or to have someone do so on behalf of the individual; and

(5) In substance:

(i) Those provisions of this subtitle under which the individual is admitted;

(ii) The provisions of this section; and

(iii) The provisions of Subtitle 7 of this title.

(b) (1) Within 12 hours after initial confinement of an individual to any facility or a Veterans’ Administration hospital, the form provided for in this section shall be read and given to the individual.

(2) If the individual does not understand the notice required by this section and its legal effect, the notice also shall be given to:

(i) The parent, guardian, or next of kin of the individual;

(ii) The applicant for an involuntary admission of the individual; and

(iii) Any other individual who has a significant interest in the status of the individual.

(3) In any event, if possible, notice of the admission shall be given to the parent, guardian, or next of kin of the individual.

(4) Notice of the admission of a minor shall be given as promptly as possible.

(5) Within 24 hours after the admission of the individual, notice of the admission shall be given to the Mental Health Division in the Office of the Public Defender.

(c) The form shall be read in English or, if the individual does not understand English, in the language or manner best calculated to inform the individual of the applicable provisions of the law.

(d) The facility shall keep in the individual’s records a copy of the form and a certification of the administrative head of the facility as to the compliance with this section.

(e) Notice under this section shall be given again to an individual when:

(1) A new application is made under this subtitle for a voluntary admission; and

(2) New certificates are made under this subtitle for an involuntary admission.
Md. Code, Natural Resources § 10-301.2 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-301.2
§10–301.
Status: in_force

§10–301.2.

(a) There is a patron’s hunting license.

(b) The Department shall issue on a yearly basis a patron’s hunting license to any person who:

(1) Applies to the Department on a form provided by the Department; and

(2) Pays $500.

(c) The holder of a patron’s hunting license may hunt any game birds or mammals during any open season and in any manner permitted in the State without obtaining any other license or stamp, except the federal migratory wild waterfowl stamp and the Maryland migratory game bird stamp.
Md. Code, Economic Development § 10-906 — MD Code / Article gec / Title 10 / Subtitle 9 / Section 10-906
§10–906.
Status: in_force

(a) The Attorney General is the legal advisor to the Corporation.

(b) With the approval of the Attorney General, the Corporation may retain any necessary lawyers.
Md. Code, Health Occupations § 10-302.1 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-302.1
§10–302.
Status: in_force

§10–302.1.

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

(1) One complete set of legible fingerprints taken in a manner approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

(3) The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(c) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

(d) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.

(e) Information obtained from the Central Repository under this section:

(1) Is confidential;

(2) May not be redisseminated; and

(3) Shall be used only for the licensing purpose authorized by this title.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Agriculture § 10-504 — MD Code / Article gag / Title 10 / Subtitle 5 / Section 10-504
§10–504.
Status: in_force

The State’s Attorney of any county in which any violation of this subtitle occurs shall prosecute any person accused of any violation of this subtitle. Upon the request of the Secretary, he shall institute and prosecute the action as may be proper.
Md. Code, State Government § 10-112.1 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-112.1
§10–112.
Status: in_force

§10–112.1.

(a) Whenever a unit publishes a proposed regulation in the Register in accordance with § 10–112 of this subtitle, the unit shall publish the text of the proposed regulation on the unit’s website not later than 3 business days after the date that the proposed regulation is published in the Register.

(b) Whenever a unit submits a regulation to the Committee for approval as an emergency adoption in accordance with § 10–111(b) of this subtitle, the unit shall publish the text of the regulation on the unit’s website not later than 3 business days after the date that the regulation is submitted to the Committee for approval of emergency adoption.

(c) To comply with the publication requirement of this section, a unit shall:

(1) publish the text of the regulation on the unit’s home page on its website; or

(2) provide a link on the unit’s home page to the text of the regulation if the text of the regulation is available elsewhere on the unit’s website.

(d) The failure of a unit to publish the text of a regulation in a timely manner under this section may not invalidate or otherwise affect the adoption of the regulation.
Md. Code, Public Utilities § 10-210 — MD Code / Article gpu / Title 10 / Subtitle 2 / Section 10-210
§10–210.
Status: in_force

(a) (1) A taxicab permit holder shall post in each of its taxicabs a schedule of its fares on a rate card.

(2) The rate card shall be printed and arranged in a way that allows a passenger to determine readily the exact fare payable by the passenger.

(3) A person may not collect a fare other than a fare appearing on or determinable from the rate card posted in the taxicab.

(b) (1) This subsection does not apply to a taxicab operating in the City of Hagerstown.

(2) Except as provided in subsection (c) of this section, while in service, each taxicab for which a permit is required shall be equipped with:

(i) an accurate taximeter that is properly installed and connected; or

(ii) another device the Commission approves for measuring the charges for service.

(c) (1) A fixed charge may be made for any trip by taxicab between:

(i) a point within the political subdivision in which the taxicab is normally operated and a point outside of the political subdivision;

(ii) the Maryland Port Administration’s cruise terminal facilities and:

1. Fort McHenry;

2. the World Trade Center Institute in Baltimore; or

3. Penn Station in Baltimore; or

(iii) points within Baltimore City, as approved by the Commission.

(2) A fixed charge shall be calculated on a mileage basis that the Commission approves.
Md. Code, Criminal Procedure § 10-105.3 — MD Code / Article gcp / Title 10 / Subtitle 1 / Section 10-105.3
§10–105.
Status: in_force

§10–105.3.

(a) A person incarcerated after having been convicted of possession of cannabis under § 5–601 of the Criminal Law Article may present an application for resentencing to the court that sentenced the person.

(b) The court shall grant the application and resentence the person to time served.

(c) If the person is not serving a concurrent or consecutive sentence for another crime, the person shall be released from incarceration.
Md. Code, Economic Development § 10-646.4 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-646.4
§10–646.
Status: in_force

§10–646.4.

(a) Except as allowed by § 10–639 of this subtitle, to finance site acquisition and the planning, design, and construction of a Prince George’s County Blue Line Corridor facility, the Authority shall comply with this section.

(b) At least 45 days before seeking approval of the Board of Public Works for each bond issue or other borrowing, the Authority shall provide, in accordance with § 2–1257 of the State Government Article, to the fiscal committees of the General Assembly a comprehensive financing plan for the relevant Prince George’s County Blue Line Corridor facility that includes:

(1) the aggregate amount of funds needed for the Prince George’s County Blue Line Corridor facility to be financed with the proposed bonds;

(2) a description of the Prince George’s County Blue Line Corridor facility to be constructed or renovated;

(3) the anticipated total debt service for the proposed bond issue;

(4) the anticipated total debt service when combined with the debt service for all prior outstanding bond issues for Prince George’s County Blue Line Corridor facilities; and

(5) anticipated project costs for the Prince George’s County Blue Line Corridor facility.

(c) (1) A bond issued to finance site acquisition, planning, design, and construction or renovations of or improvements to a Prince George’s County Blue Line Corridor facility:

(i) is a limited obligation of the Authority payable solely from money pledged by the Authority to the payment of the principal of and the premium and interest on the bond or money made available to the Authority for that purpose;

(ii) is not a debt, a liability, or a pledge of the faith and credit or the taxing power of the State, the Authority, or any other governmental unit; and

(iii) may not give rise to any pecuniary liability of the State, the Authority, or any other governmental unit.

(2) The issuance of a bond to finance the site acquisition, planning, design, and construction or renovations of or improvements to a Prince George’s County Blue Line Corridor facility is not directly, indirectly, or contingently a moral or other obligation of the State, the Authority, or any other governmental unit to levy or pledge any tax or make any appropriation to pay the bond.

(3) Each bond shall state on its face the provisions of paragraphs (1) and (2) of this subsection.

(d) The Authority shall obtain the approval of the Board of Public Works of the proposed bond issue, the financing plan, and the agreement under subsection (e) of this section.

(e) The Authority may not issue bonds to finance a Prince George’s County Blue Line Corridor facility until the Authority secures a written agreement with Prince George’s County identifying the roles and responsibilities of each party with respect to the Prince George’s County Blue Line Corridor facility.

(f) For fiscal year 2024 and each fiscal year thereafter, until the bonds that have been issued to finance Prince George’s County Blue Line Corridor facilities are no longer outstanding and unpaid, the Comptroller shall deposit into the Prince George’s County Blue Line Corridor Facility Fund an amount not to exceed $27,000,000 from the State Lottery Fund under § 9–120(b)(1)(xi) of the State Government Article.
Md. Code, Economic Development § 10-117 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-117
§10–117.
Status: in_force

(a) The Corporation may:

(1) borrow money and issue bonds to finance any part of the cost of a project or for any other corporate purpose of the Corporation;

(2) secure the payment of any portion of the borrowing by pledge of or mortgage or deed of trust on property or revenues of the Corporation;

(3) combine projects for financing, make agreements with or for the benefit of the bondholders or with others in connection with the issuance or future issuance of bonds, as the Corporation considers advisable; and

(4) otherwise provide for the security of bonds and the rights of bondholders.

(b) In addition to the powers of the Corporation under subsection (a) of this section, for the purpose of funding the purchase or condemnation by the State for public use of the property as authorized by §§ 11–520 and 11–521 of the Business Regulation Article, the Corporation may borrow money and issue bonds to finance the cost of acquiring by purchase or completing the condemnation process by the State in accordance with applicable legal standards.
Md. Code, Agriculture § 10-204 — MD Code / Article gag / Title 10 / Subtitle 2 / Section 10-204
§10–204.
Status: in_force

This subtitle does not affect the rights of a producer of raw agricultural products, who has not signed a contract with a cooperative agricultural marketing association, to bargain for his crop individually with any buyer. A buyer may bargain for any of his raw agricultural product requirements with any cooperative agricultural marketing association but is not required to do so. The inability of a buyer or his refusal to meet the terms and conditions of any cooperative agricultural marketing association proposed contract shall not be interpreted as a boycott or discrimination against the cooperative agricultural marketing association or its members.
Md. Code, Economic Development § 10-701 — MD Code / Article gec / Title 10 / Subtitle 7 / Section 10-701
§10–701.
Status: in_force

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

(b) “Board” means the Board of Trustees of the Maryland Venture Capital Trust.

(c) “Investor” means a person or governmental entity that invests money in the Maryland Venture Capital Trust.

(d) (1) “Seed capital financing” means financing provided to a business during the initial stages of its development.

(2) “Seed capital financing” includes financing for a business:

(i) to finish research and development of a product;

(ii) to develop marketing plans; and

(iii) to provide for initial facilities, inventory, and working capital.

(e) “Trust” means the Maryland Venture Capital Trust.

(f) “Venture capital fund” means an investment fund that provides capital to a business at any stage of its development before the business makes a public offering of stock.
Md. Code, State Government § 10-1304 — MD Code / Article gsg / Title 10 / Subtitle 13 / Section 10-1304
§10–1304.
Status: in_force

(a) To protect personal information from unauthorized access, use, modification, or disclosure, a unit that collects personal information of an individual shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information collected and the nature of the unit and its operations.

(b) (1) This subsection shall apply to a written contract or agreement that is entered into on or after July 1, 2014.

(2) A unit that uses a nonaffiliated third party as a service provider to perform services for the unit and discloses personal information about an individual under a written contract or agreement with the third party shall require by written contract or agreement that the third party implement and maintain reasonable security procedures and practices that:

(i) are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and

(ii) are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.
Md. Code, Business Regulation § 10-311.1 — MD Code / Article gbr / Title 10 / Subtitle 3 / Section 10-311.1
§10–311.
Status: in_force

§10–311.1.

(a) A producer or refiner of motor fuel may not include in any agreement or contract entered into with a service station dealer any provision that directly or indirectly limits or waives any right of the dealer to:

(1) petition any governmental authority or body; or

(2) lawfully advocate or oppose any governmental or regulatory action with respect to any matter.

(b) Any provision in an agreement or contract that violates the provisions of subsection (a) of this section is deemed to be void and unenforceable.
Md. Code, Natural Resources § 10-421 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-421
§10–421.
Status: in_force

On the first day of the firearms season for hunting deer, a person may not hunt any animal other than deer in this State, except that waterfowl may be hunted from a licensed gunning rig within the seaduck shooting zone and gunning rig zone.
Md. Code, Corporations and Associations § 10-909 — MD Code / Article gca / Title 10 / Subtitle 9 / Section 10-909
§10–909.
Status: in_force

(a) In addition to any other activities which may not constitute doing business in this State, for the purposes of this article, the following activities of a foreign limited partnership do not constitute doing business in this State:

(1) Maintaining, defending, or settling an action, suit, claim, dispute, or administrative or arbitration proceeding;

(2) Holding meetings of its partners or carrying on other activities which concern its internal affairs;

(3) Maintaining bank accounts;

(4) Conducting an isolated transaction not in the course of a number of similar transactions;

(5) Foreclosing mortgages and deeds of trust on property in this State;

(6) As a result of default under a mortgage or deed of trust, acquiring title to property in this State by foreclosure, deed in lieu of foreclosure, or otherwise;

(7) Holding, protecting, renting, maintaining, and operating property in this State so acquired; and

(8) Selling or transferring the title to property in this State so acquired to any person, including the Federal Housing Administration or the Veterans Administration.

(b) In addition to any other activities which may constitute doing business in this State, for the purposes of this article any foreign limited partnership which owns income-producing real or tangible personal property in this State, other than property exempted by subsection (a) of this section, will be considered to be doing business in this State.
Md. Code, Courts and Judicial Proceedings § 10-801 — MD Code / Article gcj / Title 10 / Subtitle 8 / Section 10-801
§10–801.
Status: in_force

Where title to property or its devolution depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this subtitle.
Md. Code, Courts and Judicial Proceedings § 10-409 — MD Code / Article gcj / Title 10 / Subtitle 4 / Section 10-409
§10–409.
Status: in_force

(a) Within 30 days after the expiration of the total period of an order, including each extension entered under § 10–408 of this subtitle, or within 30 days after denial of an application for an order or extension, the judge who passed the order or denied the application shall report to the Administrative Office of the Courts:

(1) The fact that an order or extension was applied for;

(2) The kind of order or extension applied for;

(3) The fact that the order or extension was granted as applied for, was modified, or was denied;

(4) The period of interceptions authorized by the order and the number and duration of any extensions of the order;

(5) The offense specified in the order or application or extension of an order;

(6) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and

(7) The nature of the facilities from which or the place where communications were to be intercepted.

(b) In January of each year, the Attorney General, the State Prosecutor, and the State’s Attorneys shall report to the Administrative Office of the Courts:

(1) The information required by subsection (a) of this section with respect to each application for an order or extension made during the preceding calendar year;

(2) A general description of the interceptions made under the order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, and (iv) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions;

(3) The number of arrests resulting from interceptions made under the order or extension and the offenses for which arrests were made;

(4) The number of trials resulting from the interceptions;

(5) The number of motions to suppress made with respect to the interceptions and the number granted or denied;

(6) The number of convictions resulting from the interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and

(7) The information required by paragraphs (2) through (6) of this subsection with respect to orders or extensions obtained in a preceding calendar year.

(c) Subject to § 2–1257 of the State Government Article, in February of each year, the State Court Administrator shall transmit to the General Assembly a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire or oral communications and the number of orders and extensions granted or denied during the preceding calendar year. The report shall include a summary and analysis of the data required to be filed with the Administrative Office by subsections (a) and (b) of this section. The State Court Administrator is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by subsections (a) and (b) of this section.
Md. Code, Natural Resources § 10-609 — MD Code / Article gnr / Title 10 / Subtitle 6 / Section 10-609
§10–609.
Status: in_force

(a) Offshore stationary blinds and offshore blind sites shall be at least 250 yards apart from each other.

(b) Offshore stationary blinds and offshore blind sites shall be located within 300 yards of the shoreline or one-third the distance to the opposite shore, whichever is less, except that in the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne’s County, all offshore stationary blinds and blind sites may be no more than 800 yards from the shoreline.

(c) Offshore stationary blinds and blind sites may not be less than 150 yards from any dwelling house without the written permission of the owner of the house.

(d) (1) Except as provided in paragraph (2) of this subsection, offshore stationary blinds shall be marked with the licensee’s name and license number and marked on each side with at least 100 square inches of clearly visible reflective material attached to the outside of the stationary blind at least 3 feet above the high water mark.

(2) Reflective material is not required to be displayed or attached to the outside of a stationary blind while the stationary blind is occupied and is being used for hunting.

(e) Offshore blind sites shall be marked by a stake showing the licensee’s name and license number. Each stake shall be marked on all sides with reflective material at least 4 inches wide and located at least 3 feet above the high water mark. All stakes shall be removed within 30 days after the last wild waterfowl season closes.

(f) (1) Except as provided in paragraph (2) of this subsection, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 300 yards of the licensed shoreline or one-third the distance to the opposite shore, whichever is less.

(2) In the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne’s County, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 800 yards of the licensed shoreline.
Md. Code, Human Services § 10-602 — MD Code / Article ghu / Title 10 / Subtitle 6 / Section 10-602
§10–602.
Status: in_force

(a) There is an Innovations in Aging Services Program in the Department.

(b) The purposes of the Program are to:

(1) provide competitive funding grants to design and test innovative ideas in programs and services for seniors;

(2) publicly disseminate the results of the tests; and

(3) help meet the need for personnel trained to provide services to seniors in the State.
Md. Code, Business Regulation § 10-412 — MD Code / Article gbr / Title 10 / Subtitle 4 / Section 10-412
§10–412.
Status: in_force

(a) In this subtitle, “police officer” means:

(1) any uniformed police officer; or

(2) any civilian employee of the Department of State Police or of the Maryland Transportation Authority Police Force assigned to enforce this subtitle or any rule or regulation adopted under this subtitle, but only while acting under written authorization of the Secretary of State Police.

(b) (1) Subject to the provisions of paragraph (2) of this subsection, any police officer shall have the authority to enforce this subtitle and any rule or regulation adopted under it.

(2) A civilian employee of the Maryland Transportation Authority Police Force shall have the authority stated in paragraph (1) of this subsection only if the individual is:

(i) acting under the immediate direction and control of a uniformed police officer; and

(ii) certified by the Department of State Police to enforce this subtitle and any rule or regulation adopted under it.
Md. Code, Economic Development § 10-404 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

(a) The Corporation shall employ a Chief Executive Officer.

(b) The Chief Executive Officer shall have experience with and possess qualifications relevant to the activities and purposes of the Corporation.
Md. Code, Courts and Judicial Proceedings § 10-4A-01 — MD Code / Article gcj / Title 10 / Subtitle 4A / Section 10-4A-01
§10–4A–01.
Status: in_force

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

(b) The following words have the meanings stated in § 10–401 of this title:

(1) Aggrieved person;

(2) Aural transfer;

(3) Communications common carrier;

(4) Contents;

(5) Electronic communication;

(6) Electronic communication service;

(7) Electronic communications system;

(8) Electronic, mechanical, or other device;

(9) Electronic storage;

(10) Intercept;

(11) Investigative or law enforcement officer;

(12) Judge of competent jurisdiction;

(13) Oral communication;

(14) Person;

(15) Readily accessible to the general public;

(16) User; and

(17) Wire communication.

(c) “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system.
Md. Code, Health Occupations § 10-314 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-314
§10–314.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license, a licensed occupational therapist, licensed occupational therapy assistant, or holder of a limited or temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Human Services § 10-209 — MD Code / Article ghu / Title 10 / Subtitle 2 / Section 10-209
§10–209.
Status: in_force

§10–209. IN EFFECT

** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 **

(a) (1) The Secretary shall develop congregate housing services programs for seniors in conjunction with:

(i) public or private for profit or nonprofit corporations; or

(ii) State or federal units.

(2) Congregate housing services shall include congregate meals, housekeeping, and personal services.

(b) (1) An individual is eligible for congregate housing services if the individual is at least 62 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.

(2) The spouse of an individual described in paragraph (1) of this subsection is eligible for congregate housing services if the spouse is at least 55 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.

(c) The Secretary shall:

(1) make maximum use of rent and other subsidies available from federal and State sources;

(2) provide for subsidies necessary from State general funds to assist low–income seniors to reside in congregate housing as an alternative to more costly institutional care that is not required;

(3) find sponsors or managers for congregate housing services programs;

(4) assist developers in formulating design concepts and meeting program needs; and

(5) when necessary, provide subsidies for congregate meals, housekeeping, and personal services in congregate housing services programs and develop eligibility requirements for the subsidies.

(d) The Secretary shall adopt regulations to:

(1) govern the certification and operation of congregate housing services programs; and

(2) provide for investigations of criminal records of congregate housing services providers and employees under subsection (e) of this section.

(e) The Secretary is authorized to conduct federal and State criminal background investigations of providers of congregate housing services programs and their employees.

(f) (1) A congregate housing services program must be certified by the Secretary.

(2) The Secretary shall review the compliance of congregate housing services programs with the regulations governing their certification and operation.

(3) Before the Secretary may certify or renew the certification of a provider of congregate housing services for seniors with Alzheimer’s disease and related disorders, the provider shall have an in–service education program that includes instruction on dementia and the techniques necessary to manage patients with physical, intellectual, and behavioral manifestations of dementia.
Md. Code, Health - General § 10-1301 — MD Code / Article ghg / Title 10 / Subtitle 13 / Section 10-1301
§10–1301.
Status: in_force

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

(b) As applied to a request to return any person within the purview of this subtitle to or from the District of Columbia, the words “executive authority”, “Governor”, and “chief magistrate” respectively include the chief judge of the Superior Court of the District of Columbia and other authority.

(c) “Flee” means to depart:

(1) Voluntarily or involuntarily from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which the proceedings may have been instituted or be pending; or

(2) From the state where one is if one is under detention by law as a person of unsound mind and subject to detention.

(d) “Flight” means the act of fleeing.

(e) “State” includes a state, territory, district, and insular possession or other possession of the United States.
Md. Code, Natural Resources § 10-418 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-418
§10–418.
Status: in_force

(a) This section does not apply to any person who:

(1) Hunts deer with a bow and arrow during the season restricted to hunting with a bow and arrow;

(2) Hunts game birds or mammals during the open season using falcons, hawks, or owls; or

(3) Hunts or accompanies, aids, or assists another person hunting the following species:

(i) Wetland game birds;

(ii) Fur–bearing mammals;

(iii) Crows;

(iv) Doves; or

(v) Wild turkeys.

(b) Except as provided in subsection (a) of this section, a person who hunts any wildlife and a person who accompanies, aids, or assists another person in a field, wooded area, marsh, or on the water to hunt any wildlife shall wear:

(1) A cap of a solid daylight fluorescent orange or daylight fluorescent pink color;

(2) A vest, jacket, or jacket containing back and front panels of at least 250 square inches of a solid daylight fluorescent orange or daylight fluorescent pink color; or

(3) An outer garment of camouflage fluorescent orange or pink worn above the waist which contains at least 50 percent daylight fluorescent orange or daylight fluorescent pink color.

(c) By regulation, the Department may define the terms:

(1) “Daylight fluorescent orange” consistent with the recommendations of the North American Association of Hunter Safety Coordinators; and

(2) “Daylight fluorescent pink”.
Md. Code, Economic Development § 10-119 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-119
§10–119.
Status: in_force

Bonds are securities:

(1) in which any of the following persons may legally and properly invest money, including capital that the person owns or controls:

(i) an officer of a governmental unit;

(ii) a bank, trust company, savings and loan association, investment company, or other person operating a banking business;

(iii) an insurance association or other person operating an insurance business;

(iv) a personal representative, guardian, trustee, or other fiduciary; and

(v) any other person; and

(2) that may be deposited with and received by a governmental unit or any officer of the State or a governmental unit for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
Md. Code, Agriculture § 10-705 — MD Code / Article gag / Title 10 / Subtitle 7 / Section 10-705
§10–705.
Status: in_force

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any fruit or vegetable is produced, stored, or sold. He may examine any fruit or vegetable found in any of these places and may take for further examination any sample of the produce and any container necessary to determine whether this subtitle is violated.
Md. Code, Family Law § 10-335 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-335
§10–335.
Status: in_force

If an obligor’s employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
Md. Code, Criminal Law § 10-205 — MD Code / Article gcr / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

(a) (1) This subsection does not apply to a person who conducts a funeral, burial, memorial service, or funeral procession.

(2) A person may not knowingly obstruct, hinder, impede, or block another person’s entry to or exit from a funeral, burial, memorial service, or funeral procession.

(b) A person may not address speech to a person attending a funeral, burial, memorial service, or funeral procession that is likely to incite or produce an imminent breach of the peace.

(c) A person may not engage in picketing activity within 500 feet of a funeral, burial, memorial service, or funeral procession that is targeted at one or more persons attending the funeral, burial, memorial service, or funeral procession.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.
Md. Code, Business Occupations and Professions § 10-210 — MD Code / Article gbo / Title 10 / Subtitle 2 / Section 10-210
§10–210.
Status: in_force

(a) An applicant who is a member of the bar of another state may become a member of the Bar of this State if the applicant:

(1) is of good character and reputation;

(2) provides adequate evidence that, for at least 5 of the 7 years immediately before applying for admission to the Bar, the applicant was practicing law or teaching law or was a judge;

(3) pays the application fee set by the Supreme Court of Maryland; and

(4) passes an examination given by the Board.

(b) The Supreme Court of Maryland may adopt rules to govern:

(1) the content and administration of an examination given under this section;

(2) the determination of the character and reputation of applicants; and

(3) any other matter necessary to provide for the admission to the Bar of applicants under this section.
Md. Code, Health - General § 10-705 — MD Code / Article ghg / Title 10 / Subtitle 7 / Section 10-705
§10–705.
Status: in_force

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

(2) (i) “Abuse” means cruel or inhumane treatment that causes:

1. Any physical injury; or

2. Any of the following kinds of sexual abuse:

A. A sexual act, as defined in § 3–301 of the Criminal Law Article;

B. Sexual contact, as defined in § 3–301 of the Criminal Law Article; or

C. Vaginal intercourse, as defined in § 3–301 of the Criminal Law Article.

(ii) “Abuse” does not include:

1. The performance of an accepted medical procedure that a physician orders in a manner that is consistent with the provisions of this subtitle; or

2. An action taken by an employee that complies with applicable State and federal laws and applicable Department policies on the use of physical intervention.

(3) “Sexual harassment” means intimidation, bullying, or coercion of a sexual nature or unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive environment.

(b) (1) A person or any employee of a facility or of the Department who receives a complaint of abuse, or who observes or has reason to believe that abuse has occurred, shall promptly report the alleged abuse to:

(i) An appropriate law enforcement agency; or

(ii) The administrative head of the facility, who promptly shall report the alleged abuse to an appropriate law enforcement agency.

(2) A report:

(i) May be oral or written; and

(ii) Shall contain as much information as the reporter is able to provide.

(3) Within 24 hours after receiving the complaint, a facility that is a licensed residential treatment center, a State facility, or a hospital with a separately identified inpatient psychiatric service shall report a complaint of sexual abuse or sexual harassment of a patient receiving treatment in the residential treatment center or receiving inpatient psychiatric services to:

(i) The Administration and the Office of Health Care Quality;

(ii) If the complaint involves a minor, the Child Protective Services unit in the Department of Human Services; and

(iii) The State designated protection and advocacy system.

(4) The Administration and the Office of Health Care Quality shall collaborate to develop and implement a uniform reporting system to be used by facilities in complying with paragraph (3) of this subsection.

(c) (1) The law enforcement agency shall:

(i) Investigate thoroughly each report of an alleged abuse; and

(ii) Attempt to ensure the protection of the alleged victim.

(2) The investigation shall include:

(i) A determination of the nature, extent, and cause of the abuse, if any;

(ii) The identity of the alleged abuser; and

(iii) Any other pertinent fact or matter.

(d) As soon as possible, but no later than 10 working days after the completion of the investigation, the law enforcement agency shall submit a written report of its findings to the State’s Attorney, the State designated protection and advocacy system, and the administrative head of the facility.

(e) A person shall have the immunity from liability described under § 5–626 of the Courts Article for:

(1) Making a report under this section;

(2) Participating in an investigation arising out of a report under this section; or

(3) Participating in a judicial proceeding arising out of a report under this section.

(f) (1) A facility that is a licensed residential treatment center, a State facility, or a hospital with a separately identified inpatient psychiatric service shall:

(i) Develop and implement policies and procedures on making and responding to allegations and complaints of sexual abuse or sexual harassment of patients receiving treatment in the residential treatment center or receiving inpatient psychiatric services;

(ii) Ensure that staff provide assistance to patients who have requested assistance in making complaints about sexual abuse or sexual harassment;

(iii) Develop and oversee training for staff on how to identify and prevent sexual abuse and sexual harassment, how to respond to complaints, and how to support victims in an appropriate manner; and

(iv) Develop and oversee patient education on identifying sexual abuse and sexual harassment and on reporting incidents of sexual abuse and sexual harassment.

(2) The Administration shall ensure that the policies and procedures developed and implemented under paragraph (1) of this subsection are uniform for State facilities.

(g) The Administration shall develop and implement a plan to secure the sleeping quarters of male and female patients at all State facilities that maximizes the use of available resources and infrastructure.

(h) Each facility that is a licensed residential treatment center, a State facility, or a hospital with a separately identified inpatient psychiatric service shall, for patients receiving treatment in the residential treatment center or receiving inpatient psychiatric services:

(1) Use evidence–based screening tools to identify on admission a patient’s risk of being a victim of sexual or physical abuse, or being a sexual or physical abuser, and shall consider the assessment of risk in making any unit and room assignment;

(2) Adopt a written protection plan as part of a patient’s treatment plan if warranted by the patient’s risk of being a victim of sexual or physical abuse or being a sexual or physical abuser;

(3) If possible, reassign any patient accused of sexual assault promptly to another unit and ensure that any alleged victim and the alleged assailant are not housed in the same unit;

(4) Provide a patient who has a history of sexual trauma with treatment and education that is evidence–based or reflective of best practices to reduce the likelihood of the patient being the victim of repeated sexual abuse; and

(5) Ensure that designated clinical staff are trained in at least one trauma recovery modality that is considered to be a best practice.

(i) The Office of Health Care Quality shall enforce this section.

(j) The Department shall adopt regulations to carry out this section.
Md. Code, Economic Development § 10-487 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-487
§10–487.
Status: in_force

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

(2) “Fund” means the Maryland Equity Investment Fund.

(3) “Private equity” means an asset class consisting of equity securities and debt in operating companies that are not publicly traded on a stock exchange.

(4) “Qualified business” means a business that, at the time of the first investment in the business:

(i) has its principal business operations located in the State and intends to maintain its principal business operations in the State after receiving an investment under the Program;

(ii) has agreed to use the qualified investment primarily to:

1. support business operations in the State; or

2. in the case of a start–up company, establish and support business operations in the State;

(iii) has not more than 250 employees; and

(iv) is not primarily engaged in:

1. retail sales;

2. real estate development;

3. the business of insurance, banking, or lending; or

4. the provision of professional services by accountants, attorneys, or physicians.

(5) “Several systems” has the meaning stated in § 20–201 of the State Personnel and Pensions Article.

(6) “Venture capital” means an investment of capital to a business at any stage of its development before the business makes a public offering of stock.

(b) There is a Maryland Equity Investment Fund in the Corporation.

(c) The purpose of the Fund is to allow unappropriated General Fund surplus to be invested in a qualified business with a goal to increase private equity and venture capital in the State, with the interest earnings and investment returns realized from those investments to the benefit of the participants of the several systems.

(d) The Corporation shall manage and supervise the Fund.

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

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

(f) The Fund consists of:

(1) money distributed to the Fund under § 7–311 of the State Finance and Procurement Article;

(2) money appropriated in the State budget to the Fund; and

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

(g) The Fund may be used only:

(1) for the purposes described in subsection (c) of this section; and

(2) to pay the costs necessary to administer the Fund.

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

(2) (i) Except as provided in subparagraph (ii) of this paragraph, any investment earnings of the Fund and investment returns realized from the investments made under this section shall be credited to the accumulation funds of the several systems established under § 21–303 of the State Personnel and Pensions Article.

(ii) The Corporation may retain 50% of investment returns realized from the investments made under this section.
Md. Code, Family Law § 10-312.2 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-312.2
§10–312.
Status: in_force

§10–312.2.

(a) A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(b) A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or foreign country if the state or foreign country has continuing, exclusive jurisdiction over the spousal support order under the law of that state or foreign country.

(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or

(2) a responding tribunal to enforce or modify its own spousal support order.
Md. Code, Economic Development § 10-212 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-212
§10–212.
Status: in_force

(a) The Authority may:

(1) develop, establish, acquire, improve, own, operate, and maintain developments and projects in the State; and

(2) pay the cost of developments or projects, including improvements to any waterways at a development or project, from:

(i) the proceeds of bonds;

(ii) other money available under this subtitle; or

(iii) money from the State or federal government or any of their units or instrumentalities.

(b) Construction of a development may not begin unless a comprehensive study establishes that the construction and operation of the development would be economically and environmentally sound.

(c) Except for the Center, construction of a development may not begin unless:

(1) an analysis of the economic benefits of the proposed development is submitted to the Legislative Policy Committee, in accordance with § 2-1257 of the State Government Article; and

(2) the Legislative Policy Committee is given 45 days after receipt to comment on the proposal.

(d) (1) This subsection does not apply to facilities constructed on land leased or sold by the Authority to a private entity.

(2) Before contracting to construct a facility at a development or project, the Authority shall solicit sealed bids.

(e) (1) All plans and any issue of bonds to finance a development or project require approval by the Board of Public Works by resolution before the bonds are sold.

(2) All leases of real property and plans and contracts for the acquisition conveyance of real property require approval by the Board of Public Works.
Md. Code, Insurance § 10-104 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) This section applies to:

(1) a license to act as an insurance producer for insurance other than life insurance, health insurance, or annuities;

(2) a limited lines license to act as an insurance producer for limited line credit insurance other than credit life insurance or credit health insurance; and

(3) a limited lines license to act as an insurance producer for a line of insurance described in §§ 10–122 through 10–125 of this subtitle.

(b) To qualify for a license to which this section applies, an individual applicant must meet the requirements of this section.

(c) An applicant must be of good character and trustworthy based on the standards of § 10–126 of this subtitle.

(d) An applicant must be at least 18 years of age.

(e) An applicant may not have committed any act that the Commissioner finds would warrant denial of a license under § 10–126 of this subtitle.

(f) (1) In the case of an applicant for a limited lines license to act as an insurance producer for limited line credit insurance, the applicant shall complete successfully a program of instruction that is:

(i) provided by an insurer that sells, solicits, or negotiates limited line credit insurance; and

(ii) designed to provide a comprehensive and accurate explanation of the product.

(2) (i) The insurer that provides the program of instruction shall retain records relating to the program of instruction while in use and for a period of at least 5 years after its last use.

(ii) The records shall include:

1. copies of the instructional materials; and

2. a list of the applicants and producers who have successfully completed the program of instruction.

(iii) The insurer shall make available to the Commissioner the records relating to the program of instruction at the request of the Commissioner.

(g) Except as otherwise provided in this section, the applicant must pass an examination given by the Commissioner under this subtitle.

(h) An applicant for a limited lines license to act as an insurance producer for limited line credit insurance need not meet the examination requirements of subsection (g) of this section.

(i) An applicant may be licensed as to any particular kind or kinds of insurance.
Md. Code, Alcoholic Beverages and Cannabis § 10-2301 — MD Code / Article gab / Title 10 / Subtitle 23 / Section 10-2301
§10–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the City without exception or variation.
Md. Code, Human Services § 10-457 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-457
§10–457.
Status: in_force

(a) A provider may not enter into an agreement to provide continuing care at home services until the Department issues a preliminary certificate of registration to the provider.

(b) An application for a preliminary certificate of registration shall:

(1) be filed in a form satisfactory to the Department; and

(2) include at least the following information:

(i) a copy of the proposed continuing care at home agreement, which shall include the following statement set forth in print no smaller than the largest type used in the body of the agreement:

“A certificate of registration is not an endorsement or guarantee of this continuing care at home provider by the State of Maryland. The Maryland Department of Aging urges you to consult an attorney and a suitable financial advisor before signing any documents.”;

(ii) the form and substance of any proposed advertisements, advertising campaigns, or other promotional materials for the program that is available at the time of filing the application and that has not been filed previously with the Department; and

(iii) any other information that the Department requires.

(c) The Department shall issue a preliminary certificate of registration to a provider if the Department determines that:

(1) the proposed continuing care at home agreement is satisfactory;

(2) the provider has submitted all proposed advertisements, advertising campaigns, and other promotional materials for the program;

(3) the form and substance of all advertisements, advertising campaigns, and other promotional materials submitted are not deceptive, misleading, or likely to mislead;

(4) the information and documents submitted with the feasibility study under § 10–455 of this subtitle are current and accurate or have been updated to make them accurate; and

(5) the provider has submitted any other information that the Department requests.
Md. Code, Family Law § 10-301 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

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

(b) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(c) “Child support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(d) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at the Hague on November 23, 2007.

(e) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(f) “Foreign country” means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders and:

(1) which has been declared under the law of the United States to be a foreign reciprocating country;

(2) which has established a reciprocal arrangement for child support with this State as provided in § 10–320 of this subtitle;

(3) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this subtitle; and

(4) in which the Convention is in force with respect to the United States.

(g) “Foreign support order” means a support order of a foreign tribunal.

(h) (1) “Foreign tribunal” means a court, administrative agency, or quasi–judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child.

(2) “Foreign tribunal” includes a competent authority under the Convention.

(i) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a complaint or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6–month or other period.

(j) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State.

(k) “Income withholding order” means an order or other legal process directed to an obligor’s employer under Subtitle 1 of this title to withhold support from the income of the obligor.

(l) “Initiating tribunal” means the tribunal of a state or foreign country from which a complaint or comparable pleading is forwarded or in which a complaint or comparable pleading is filed for forwarding to another state or foreign country.

(m) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(n) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(o) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(p) “Law” includes decisional and statutory law and rules and regulations having the force of law.

(q) “Obligee” means:

(1) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(2) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(3) an individual seeking a judgment determining parentage of the individual’s child; or

(4) a person that is a creditor in a proceeding under Part VII of this subtitle.

(r) “Obligor” means an individual or the estate of a decedent that:

(1) owes or is alleged to owe a duty of support;

(2) is alleged but has not been adjudicated to be a parent of a child;

(3) is liable under a support order; or

(4) is a debtor in a proceeding under Part VII of this subtitle.

(s) “Outside this State” means a location in another state or a country other than the United States whether or not the country is a foreign country.

(t) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(u) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(v) “Register” means to record in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or a foreign country.

(w) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

(x) “Responding state” means a state in which a complaint or comparable pleading for support or to determine parentage of a child is filed or to which a complaint or comparable pleading is forwarded for filing from another state or a foreign country.

(y) “Responding tribunal” means the authorized tribunal in a responding state or foreign country.

(z) “Spousal support order” means a support order for a spouse or former spouse of the obligor.

(aa) (1) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States.

(2) “State” includes an Indian nation or tribe.

(bb) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to:

(1) seek enforcement of support orders or laws relating to the duty of support;

(2) seek establishment or modification of child support;

(3) request determination of parentage of a child;

(4) attempt to locate obligors or their assets; or

(5) request determination of the controlling child support order.

(cc) (1) “Support order” means a judgment, decree, order, decision, or directive whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support.

(2) “Support order” may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.

(dd) “Tribunal” means a court, administrative agency, or quasi–judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Md. Code, Correctional Services § 10-405 — MD Code / Article gcs / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

(a) A majority of the members then serving on a committee is a quorum.

(b) (1) Each committee shall meet at least once every 3 months.

(2) The meetings of each committee shall be held:

(i) in a State correctional facility in a space designated by the managing official of the facility; or

(ii) if a State correctional facility is being planned, in a location accessible to the members of the committee.

(c) A member of a committee may not receive compensation.
Md. Code, Land Use § 10-301 — MD Code / Article glu / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

(a) The Mayor and City Council of Baltimore City may divide Baltimore City into districts and zones of any number, shape, and area as they determine are best suited to carry out the purposes listed in § 10–302 of this subtitle.

(b) (1) Within the districts and zones, the Mayor and City Council of Baltimore City may regulate the construction, alteration, repair, or use of buildings, structures, or land.

(2) (i) Zoning regulations adopted by the Mayor and City Council of Baltimore City under this subtitle shall be uniform for each class or kind of development throughout each district or zone.

(ii) Zoning regulations in one district or zone may differ from those in other districts or zones.
Md. Code, Insurance § 10-127 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-127
§10–127.
Status: in_force

An insurer may not cancel a policy for nonpayment of premiums if the premium due on the policy has been paid to the insurance producer.
Md. Code, Economic Development § 10-4A-17 — MD Code / Article gec / Title 10 / Subtitle 4A / Section 10-4A-17
§10–4A–17.
Status: in_force

(a) (1) A business that is classified as a qualified business at the time of the first investment in the business by a venture firm, the Enterprise Fund, or the Financing Authority remains classified as a qualified business and may receive follow–on investments from a venture firm, the Enterprise Fund, or the Financing Authority as provided under this subsection.

(2) A follow–on investment from a venture firm is a qualified investment even though the business does not meet the definition of a qualified business at the time of the follow–on investment.

(3) With respect to an investment by the Enterprise Fund or the Financing Authority, a follow–on investment does not qualify as a qualified investment if, at the time of the follow–on investment, the business no longer meets the definition of a qualified business.

(b) Each venture firm shall inform the Corporation in writing when the venture firm requires designated capital for investment or for the payment of approved fees and expenses.
Md. Code, Criminal Procedure § 10-306 — MD Code / Article gcp / Title 10 / Subtitle 3 / Section 10-306
§10–306.
Status: in_force

(a) A person authorized to access a shielded record under § 10–302(b) of this subtitle may not disclose any information from a shielded record to a person who is not authorized to access shielded records under § 10–302(b) of this subtitle.

(b) (1) Except as provided in § 10–302(b) of this subtitle, an employer may not:

(i) require a person who applies for employment to disclose shielded information about criminal charges in an application, an interview, or otherwise; or

(ii) discharge or refuse to hire a person solely because the person refused to disclose information about criminal charges that have been shielded.

(2) An educational institution may not:

(i) require a person who applies for admission to the institution to disclose shielded information about criminal charges in an application, an interview, or otherwise; or

(ii) expel or refuse to admit a person solely because the person refused to disclose information about criminal charges that have been shielded.

(3) Except as provided in § 10–302(b) of this subtitle, a unit, an official, or an employee of the State or a political subdivision of the State may not:

(i) require a person who applies for a permit, registration, or government service to disclose shielded information about criminal charges in an application, an interview, or otherwise; or

(ii) deny a person’s application for a permit, registration, or government service solely because the person refused to disclose information about criminal charges that have been shielded.
Md. Code, State Government § 10-1201 — MD Code / Article gsg / Title 10 / Subtitle 12 / Section 10-1201
§10–1201.
Status: in_force

Each unit of State government shall install and maintain a telephone system that allows a person from anywhere in the State to communicate with employees of the unit by toll-free telephone call during the regular business hours of the unit for the purpose of conducting official State business.
Md. Code, Health - General § 10-904 — MD Code / Article ghg / Title 10 / Subtitle 9 / Section 10-904
§10–904.
Status: in_force

(a) Except in Montgomery County, the health officer for a county is responsible for:

(1) The mental health services program in the county; and

(2) Supervising generally the mental health services and facilities that the county health department provides or supports.

(b) The health officer for a county shall:

(1) With the advice of the regional mental health director, revise annually the county plan for providing or contracting for services, including aftercare, and facilities and for any other matters necessary or desirable to carry out this part;

(2) Prepare annually a budget for carrying out the plan;

(3) Assure that the staff and professional services meet the standards that the Secretary adopts;

(4) Submit to the mental health advisory committee and the governing body for the county an annual report on the county program, including an account of expenditures and an estimate of anticipated needs for the next year;

(5) Facilitate the work of the county or intercounty mental health advisory committee; and

(6) Perform any other duty necessary to carry out this part.
Md. Code, Labor and Employment § 10-216 — MD Code / Article gle / Title 10 / Subtitle 2 / Section 10-216
§10–216.
Status: in_force

(a) The Board shall supervise the administration of the Fund.

(b) (1) The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly.

(2) The proposed budget shall include an appropriation from the Fund for its budget.
Md. Code, Agriculture § 10-706 — MD Code / Article gag / Title 10 / Subtitle 7 / Section 10-706
§10–706.
Status: in_force

Any person who sells any fruit or vegetable in a container not properly marked may not be prosecuted, if he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that they were mismarked or illegally packed.
Md. Code, Tax - General § 10-109 — MD Code / Article gtg / Title 10 / Subtitle 1 / Section 10-109
§10–109.
Status: in_force

(a) The Comptroller may distribute, apportion, or allocate gross income, deductions, credits, or allowances between and among two or more organizations, trades, or businesses, whether or not incorporated, whether or not organized in the United States, and whether or not affiliated, if:

(1) the organizations, trades, or businesses are owned or controlled directly or indirectly by the same interests within the meaning of § 482 of the Internal Revenue Code; and

(2) the Comptroller determines that the distribution, apportionment, or allocation is necessary in order to reflect an arm’s length standard within the meaning of § 1.482-1 of the Regulations of the Internal Revenue Service of the U.S. Treasury and to reflect clearly the income of those organizations, trades, or businesses.

(b) The Comptroller shall apply the administrative and judicial interpretations of § 482 of the Internal Revenue Code in administering this section.
Md. Code, Family Law § 10-353.1 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-353.1
§10–353.
Status: in_force

§10–353.1.

(a) Except as provided in § 10–364 of this subtitle, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual in accordance with § 10–350 of this subtitle has been given or whether the individual seeking modification is a resident of this State or of the foreign country.

(b) An order issued by a tribunal of this State modifying a foreign child support order pursuant to this section is the controlling order.
Md. Code, Labor and Employment § 10-314 — MD Code / Article gle / Title 10 / Subtitle 3 / Section 10-314
§10–314.
Status: in_force

(a) The Fund shall consist of:

(1) the money credited to the Fund under Title 9 of this article;

(2) income from investments that the State Treasurer makes for the Fund; and

(3) interest on deposits or investments of money from the Fund.

(b) Subject to subsection (d) of this section, the Director shall use the Fund to pay:

(1) each award under Title 9 of this article charged against the Fund;

(2) the amount that the Director authorizes for an expert or witness hired under § 10–310(c) of this subtitle;

(3) other proper charges that the Director authorizes;

(4) whenever an employer who is self–insured in accordance with § 9–404 or § 9–405 of this article becomes insolvent, any outstanding obligations of the employer; and

(5) hearing loss claims for retirees of the Bethlehem Steel Corporation.

(c) The liability of the Board, Director, Fund, State Treasurer, and State for all proper charges against the Fund is limited to the assets of the Fund.

(d) Beginning in fiscal year 2021, the Director may use the Fund to pay for the administration of the Fund only if an appropriation is included in the State budget for this purpose.
Md. Code, Tax - General § 10-705 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-705
§10–705.
Status: in_force

To be allowed a credit under this subtitle, a person shall submit to the Comptroller satisfactory evidence that the person is entitled to the credit.
Md. Code, Health - General § 10-1202 — MD Code / Article ghg / Title 10 / Subtitle 12 / Section 10-1202
§10–1202.
Status: in_force

(a) A core service agency, local addictions authority, or local behavioral health authority shall:

(1) Be an agent of a county or Baltimore City government which may include a local health department;

(2) Unless an exception is requested by an individual county and is granted by the Secretary, serve a county or counties with an estimated population of over 80,000 people;

(3) Either purchase services or provide the services directly;

(4) Annually submit a program plan to the secretaries of the affected State departments for review and to the Director for approval; and

(5) Meet the standards required under this subtitle and, as needed, the rules and regulations set by the Secretary.

(b) A core service agency, local addictions authority, or local behavioral health authority may not be a for–profit entity.

(c) Each core service agency, local addictions authority, or local behavioral health authority shall function under the Secretary’s authority.

(d) Once established in a jurisdiction, the core service agency, local addictions authority, or local behavioral health authority shall:

(1) Submit, on an annual basis, a program plan to the Director for approval;

(2) Incorporate in its method of governance a mechanism for the local county mental health advisory committee, local drug and alcohol abuse council, or joint mental health and substance–related committee to serve as the advisory committee to the core service agency, local addictions authority, or local behavioral health authority and, if serving more than 1 unit of government, a method of representation serving those jurisdictions;

(3) Implement guidelines developed by the Director which establish or designate the authority of the local mental health advisory committee, local drug and alcohol abuse council, or joint mental health and substance–related committee to advise and assist in the planning and evaluation of the publicly funded mental health and substance–related disorder services;

(4) In accordance with guidelines developed by the Director, develop planning, management, and accountability mechanisms for the delivery of services including:

(i) Case management;

(ii) Data collection which satisfies the Department’s requirements for client tracking and incorporates clear outcome measures to enable the local entity to govern itself and monitor and evaluate the system; and

(iii) A yearly summary which includes at a minimum:

1. Relevant financial statements; and

2. Program evaluation reports which articulate the core service agency’s, local addictions authority’s, or local behavioral health authority’s ability to identify the outcomes of services provided for the target populations and the effects of those services on program planning for the target population;

(5) As an agent of county government, function in any of the following organizational structures:

(i) A unit of county or Baltimore City government;

(ii) A local health department;

(iii) A quasi–public authority; or

(iv) A private, nonprofit corporation;

(6) Be authorized to screen individuals for whom voluntary or involuntary admission is being initiated to determine whether a less restrictive alternative can be provided;

(7) Subject to the availability of funding in the State budget, be authorized to approve funding for a youth’s educational costs incurred during a residential treatment center admission made for medical or psychiatric purposes in accordance with item (6) of this subsection if the educational costs are not covered under § 8–406 of the Education Article; and

(8) Provide clear guidelines to avoid either the appearance or occurrence of conflicts of interest in the direction and operation of the core service agency, local addictions authority, or local behavioral health authority or organizations which provide mental health or substance–related services.
Md. Code, Criminal Law § 10-617 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-617
§10–617.
Status: in_force

(a) In this section, “animal control unit” means the local organization or governmental unit that the appropriate local governmental body designates to house, care for, and control domestic animals of unknown ownership.

(b) An animal control unit shall dispose of an unclaimed dog or cat only by:

(1) placing the animal in a suitable home;

(2) retaining the animal in the animal control unit; or

(3) humanely destroying the animal.

(c) A domestic animal that is impounded by an animal control unit may not be sold, placed, or destroyed until the animal has been carefully inspected for a tag, tattoo, microchip, or other identification to ascertain the owner and:

(1) 72 hours have elapsed after notice has been given to the owner;

(2) if the owner cannot be notified, 72 hours have elapsed after the animal is impounded;

(3) the animal is seriously diseased or severely injured; or

(4) the animal is under 3 months of age.

(d) (1) An animal control unit shall make a reasonable effort to notify the owner of the location of and the procedure for retrieving an impounded animal.

(2) An owner who retrieves an animal from an animal control unit shall pay all fees, costs, and expenses incurred by the animal control unit.

(3) The necessary expenses for food and attention given to an animal under this section may be collected from the owner, and the animal is not exempt from levy and sale on execution of a judgment for the expenses.

(4) A new owner with whom an animal is placed under subsection (b)(1) of this section may be charged an adoption fee.

(e) A person who violates this section:

(1) for a first offense, is subject to a civil fine not exceeding $500; and

(2) for a second or subsequent offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Business Occupations and Professions § 10-301 — MD Code / Article gbo / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

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

(b) (1) “Attorney trust account” means an account that a lawyer or law firm maintains at a financial institution for the deposit of trust money.

(2) “Attorney trust account” includes an escrow account.

(c) “Beneficial owner” means a person, other than the client of a lawyer, for whose benefit a lawyer is entrusted to hold trust money.

(d) “Trust money” means a deposit, payment, or other money that a person entrusts to a lawyer to hold for the benefit of a client or a beneficial owner.
Md. Code, Criminal Law § 10-606 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-606
§10–606.
Status: in_force

(a) (1) In this section, “sexual contact with an animal” means any act:

(i) involving:

1. a person touching the sex organ or anus of an animal;

2. contact between:

A. the sex organ or anus of a person and the mouth, sex organ, or anus of an animal; or

B. the sex organ or anus of an animal, and the mouth, sex organ, or anus of a person; or

3. insertion of:

A. any part of the body of a person into the opening of the vagina or anus of an animal;

B. any part of an animal’s body into the opening of the vagina or anus of a person; or

C. any object into the opening of the vagina or anus of an animal; and

(ii) committed for the purpose of sexual arousal, sexual gratification, abuse, or financial gain.

(2) “Sexual contact with an animal” does not include:

(i) an accepted veterinary practice;

(ii) artificial insemination of an animal for reproductive purposes;

(iii) accepted animal husbandry practices, including:

1. grooming;

2. raising;

3. breeding;

4. assisting with the birthing process; or

5. any other activity that provides care for an animal; or

(iv) generally accepted practices relating to the judging of breed confirmation.

(b) A person may not:

(1) intentionally:

(i) mutilate an animal;

(ii) torture an animal;

(iii) cruelly beat an animal;

(iv) cruelly kill an animal; or

(v) engage in sexual contact with an animal;

(2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or

(3) except in the case of self–defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.

(c) (1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.
Md. Code, Criminal Law § 10-102 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) This section does not apply to:

(1) a government unit;

(2) a health or medical agency approved by the Secretary of Health;

(3) a medical, pharmaceutical, or other professional publication not publicly distributed; or

(4) a news item or article published in a newspaper, magazine, or book.

(b) A person may not advertise, allow to be advertised, or call to public attention:

(1) a drug, medicine, preparation, or substance for the treatment, alleviation, or cure of venereal disease; or

(2) a person from whom or a place where a drug, medicine, preparation, or substance for the treatment, alleviation, or cure of venereal disease may be obtained.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each violation.
Md. Code, Natural Resources § 10-505 — MD Code / Article gnr / Title 10 / Subtitle 5 / Section 10-505
§10–505.
Status: in_force

(a) A person may not possess, buy, sell, transport, or ship out of the State or offer to buy, sell, transport, or ship out of the State any fur or pelt of any wild quadruped, or any part of them, which has been unlawfully hunted, trapped, possessed, or transported.

(b) The possession of a green pelt or part of the pelt by any person during closed season shall be prima facie evidence that the pelt or part of the pelt was taken and possessed illegally.

(c) In addition to any other penalty provided by the provisions of this title, any person convicted of violating this section may have the person’s fur dealer’s or taxidermist and fur tanner’s license revoked for a period not exceeding 5 years.
Md. Code, Health - General § 10-405 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

Part II of this subtitle does not apply to the Maryland Psychiatric Research Center.
Md. Code, Health - General § 10-903 — MD Code / Article ghg / Title 10 / Subtitle 9 / Section 10-903
§10–903.
Status: in_force

(a) (1) The governing body of any county may apply for assistance to establish a mental health program under this part.

(2) A county shall apply by submitting annually to the Director, for approval by the Secretary, a plan and budget for the next fiscal year.

(b) The governing bodies of two or more counties may apply for assistance to establish a community mental health program for the counties if:

(1) The population of one of the counties is too small to warrant the establishment of an independent community mental health program for that county; and

(2) The Director consents.

(c) A community mental health services program is not eligible for assistance under this part unless:

(1) Its plan and budget conform to the State plan for mental health services and the priorities set under it; and

(2) The qualifications of its professional staff meet the standards that the Secretary sets.
Md. Code, Insurance § 10-801 — MD Code / Article gin / Title 10 / Subtitle 8 / Section 10-801
§10–801.
Status: in_force

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

(b) “Authorized representative” means an independent contractor of an owner of a self–service storage facility.

(c) “Business entity” has the meaning stated in § 5–511 of this article.

(d) “Designated responsible producer” means an individual who:

(1) holds a limited lines license under this subtitle; and

(2) is designated by the owner as responsible for the owner’s compliance with insurance laws, rules, and regulations of the State.

(e) “Occupant” means a person or the person’s sublessee, successor, or assignee who is entitled to the use of a leased space at a self–service storage facility.

(f) “Owner” means the owner of a self–service storage facility.

(g) (1) “Personal property” means movable property that is not affixed to land.

(2) “Personal property” includes:

(i) goods, wares, merchandise, household items, and furnishings;

(ii) a vehicle, as defined in § 11–176 of the Transportation Article; and

(iii) watercraft and motorized watercraft.

(h) “Self–service storage facility” means any real property that is used for renting or leasing storage space in which the occupants themselves customarily store and remove personal property on a self–service basis.

(i) “Self–service storage producer” means:

(1) an owner of a self–storage facility who holds a limited lines license under this subtitle; or

(2) a designated responsible producer.
Md. Code, Corporations and Associations § 10-907 — MD Code / Article gca / Title 10 / Subtitle 9 / Section 10-907
§10–907.
Status: in_force

(a) If a foreign limited partnership is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of this subtitle, neither the foreign limited partnership nor any person claiming under it may maintain a suit in any court of this State unless it shows to the satisfaction of the court that:

(1) The foreign limited partnership or the person claiming under it has paid the penalty specified in subsection (e)(1) of this section; and

(2) Either:

(i) The foreign limited partnership or a foreign limited partnership successor to it has complied with the requirement of this subtitle; or

(ii) The foreign limited partnership and any foreign limited partnership successor to it are no longer doing intrastate, interstate, or foreign business in this State.

(b) The failure of a foreign limited partnership to register in this State does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this State.

(c) A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of the partnership’s having done business in this State without registration.

(d) A foreign limited partnership, by doing business in this State without registration, appoints the Department as its agent for service of process with respect to causes of action arising out of doing business in this State.

(e) (1) If a foreign limited partnership does any intrastate, interstate, or foreign business in this State without registering, the Department shall impose a penalty of $200 on the partnership. This penalty shall be collected and may be reduced or abated under § 14-704 of the Tax - Property Article;

(2) Each general partner of a foreign limited partnership which does intrastate, interstate, or foreign business in this State without registering, and each agent of the foreign limited partnership who transacts intrastate, interstate, or foreign business in this State for it is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, State Government § 10-616 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-616
§10–616.
Status: in_force

(a) In accordance with the record retention and disposal schedules, a public official shall offer to the Archives any public record of the official that no longer is needed, such as:

(1) an original paper;

(2) a book;

(3) a file;

(4) a record of a court of record for which an accurate transcript is in use;

(5) a record that relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills; or

(6) any other written or recorded materials regardless of their physical form or characteristics.

(b) Records accepted for transfer to the Archives shall be accompanied by a records inventory.

(c) (1) With the written approval of the State Archivist, a public official may destroy the record that the public official offers under this section, but the Archives declines to accept.

(2) After records are destroyed, the public official shall send to the Archives:

(i) a list of the records that were destroyed; and

(ii) a certificate of destruction.

(3) (i) The State Archivist shall keep each list of the records destroyed under this subsection.

(ii) The list shall be available for public inspection at reasonable times.
Md. Code, Natural Resources § 10-2A-07 — MD Code / Article gnr / Title 10 / Subtitle 2A / Section 10-2A-07
§10–2A–07.
Status: in_force

(a) Any person who violates the provisions of § 10-2A-05 of this subtitle, fails to procure any permit required by § 10-2A-05 of this subtitle, or violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both.

(b) Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, wildlife, or plants taken, used, or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in the officer’s presence or view, this subtitle or any regulation or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any wildlife, plants, records, or property taken, or used in connection with any violation.

(c) Equipment, merchandise, wildlife, plants or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and after disposition of court proceedings shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of wildlife or plants so seized to a qualified zoological, botanical, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue regulations to implement this section.
Md. Code, Human Services § 10-1003 — MD Code / Article ghu / Title 10 / Subtitle 10 / Section 10-1003
§10–1003.
Status: in_force

The Program shall designate local Maryland Access Point offices throughout the State to ensure easy access to the Program.
Md. Code, Natural Resources § 10-614 — MD Code / Article gnr / Title 10 / Subtitle 6 / Section 10-614
§10–614.
Status: in_force

Offshore stationary blinds or blind sites may not be erected, maintained, or licensed in the following waters:

(1) Offshore from lands owned or managed by the Department except the Department may locate and construct offshore stationary blinds or blind sites and make the blinds or blind sites available to the public;

(2) Where the use of the blinds may present a risk to national security or the health and safety of the hunters as determined by the Department;

(3) Where the location of the blinds interferes with the safe operation of an airport;

(4) In Baltimore County on:

(i) The Middle River and its tributaries, westerly or towards shore from a straight line drawn from the tip of Wilson Point in a southwesterly direction to the northwest corner of Cape May Beach;

(ii) Frog Mortar Creek from a straight line drawn from the tip of what is known as Strawberry Point in a southeasterly direction across the creek to the tip of what is known as Galloway Point and extending 1,500 yards northeast up the creek to the point where Glenwood Road approaches the creek shoreline;

(iii) Back River and its tributaries west of the Eastern Avenue bridge; or

(iv) Bird River and its tributaries extending from the head of tide at Whitemarsh Run and Windlass Run and going generally easterly or towards a line that runs in a northerly direction from the northernmost tip of a peninsula called Stumpfs Marsh to the opposite shoreline, but excluding an area that lies between Stumpfs Marsh and a line 150 yards from the shoreline of Stumpfs Marsh; or

(5) In Kent County on:

(i) Turner’s Creek; or

(ii) Chester River and its tributaries, except in those waters lying between Durding’s Creek and Deep Point or between the property line of Wickliffe Farm and Cedar Point Farm near the point known as Pine Tree Cove and Graveyard Point in Spencer Hall Farm on Eastern Neck Island and the Chesapeake Bay between the north end of Wilson’s Point on Trumpington Farm and the mouth of the Chester River.
Md. Code, Family Law § 10-114 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-114
§10–114.
Status: in_force

(a) The Secretary of Human Services shall:

(1) adopt rules and regulations for the collection of support;

(2) adopt standards for staffing, record keeping, reporting, intergovernmental cooperation, and other management operations that are necessary to proper and efficient collection of support;

(3) delegate any responsibility for support enforcement to a local department, for as long as:

(i) the local government asks that responsibility be delegated to the local department;

(ii) the Secretary finds that the local department is capable of carrying out the responsibility; and

(iii) a delegation of that responsibility is consistent with guidelines of the Department of Human Services;

(4) delegate any responsibility for support enforcement to the clerk of a circuit court, for as long as:

(i) the local government and the clerk, with the approval of the Chief Justice of the Supreme Court of Maryland, ask that responsibility be delegated to the clerk;

(ii) the Secretary finds that the clerk is capable of carrying out the responsibility;

(iii) a delegation of that responsibility is consistent with guidelines of the Department of Human Services; and

(iv) the Administration makes a cooperative agreement with the clerk that:

1. includes arrangements for reimbursement for expenditures incurred by the clerk that are reimbursable under federal regulations that relate to federal financial participation in the operation of a support enforcement program; and

2. provides that federal collection incentives that would be payable to the county if the county had a local support enforcement office shall be payable to the Fund established in § 10–106.1 of this subtitle; and

(5) adopt regulations establishing procedures for the periodic review and adjustment of child support orders being enforced by a support enforcement agency.

(b) The clerk of a circuit court, with the approval of the Chief Justice of the Supreme Court of Maryland, may:

(1) make a written agreement with the Secretary of Human Services and the Administration to provide support enforcement services pursuant to a delegation of responsibility under subsection (a) of this section;

(2) employ the personnel necessary to perform the support enforcement services, notwithstanding any other provisions of law, including any law on the practice of law by employees of a clerk; and

(3) include in the clerk’s annual budget request submitted to the Chief Justice of the Supreme Court of Maryland the projected costs of administering the support enforcement program that are not reimbursable under the agreement with the Secretary of Human Services and the Administration.
Md. Code, Agriculture § 10-104 — MD Code / Article gag / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) Any association, council, board, or other agency fairly representative of persons qualifying as voters may apply to the Secretary for certification and approval to conduct a referendum among the persons qualifying as voters on the question of levying an assessment, and collecting and utilizing the proceeds for the purposes stated in the referendum.

(b) Upon the filing of the application the Secretary shall consider the application within 90 days. If the Secretary finds that the applicant is fairly representative of and has been duly chosen and delegated as representative of the persons qualifying as voters, and otherwise finds and determines that the application conforms to the provisions of this article and its purposes, he shall certify the association, council, board, or other agency as the certified agency of the persons qualifying as voters.
Md. Code, Economic Development § 10-509 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-509
§10–509.
Status: in_force

The Corporation may:

(1) adopt bylaws for the conduct of its business;

(2) adopt a seal;

(3) maintain an office at a place it designates in the State;

(4) accept loans, grants, or financial and technical assistance in any form from the federal or State government, local governments, colleges or universities, or a private source;

(5) enter into contracts and other legal instruments;

(6) sue or be sued;

(7) acquire, purchase, hold, lease as a lessee, and use any franchise, patent, or license and real, personal, mixed, or tangible or intangible property, or any interest in property;

(8) own, improve, sell, lease as a lessor, transfer, license, assign, encumber, and dispose of any property or interest in property, necessary or convenient to carry out its purposes at public sale, with or without public bidding;

(9) fix and collect rates, rentals, fees, royalties, and charges for the use of or for services and resources it provides or makes available;

(10) retain any necessary accountants, engineers, financial advisors, and other consultants;

(11) with the approval of the Attorney General, retain any necessary lawyers;

(12) further define or limit the term “revenue” defined in § 10-501 of this subtitle as the term applies to a particular project, financing, or other matter;

(13) create, own, control, or be a member of a corporation, limited liability company, partnership, or other person, whether operated for profit or not for profit;

(14) exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law; and

(15) do anything necessary or convenient to carry out the powers granted by this subtitle.
Md. Code, Tax - General § 10-804.1 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-804.1
§10–804.
Status: in_force

§10–804.1.

(a) In this section:

(1) “corporate group” means:

(i) an affiliated group or controlled group under § 1504 or § 1563 of the Internal Revenue Code; or

(ii) an affiliated group of corporations:

1. that is engaged in a unitary business; and

2. more than 50% of the voting stock of each member of which is directly or indirectly owned by a common owner or common owners, either corporate or noncorporate, or by one or more members of the group; and

(2) “corporate group” does not include:

(i) any corporation that, for any reason, is not subject to United States federal income tax;

(ii) an insurer as defined in § 1–101 of the Insurance Article; or

(iii) a regulated investment company, as defined in § 851(a) of the Internal Revenue Code.

(b) Each corporation that is required to file an income tax return under this title and is a member of a corporate group shall file with the Comptroller:

(1) a pro forma “water’s edge” combined corporate income tax return filed in accordance with regulations adopted by the Comptroller; and

(2) in a format specified by the Comptroller:

(i) the sales factor that would be calculated for this State and the difference in Maryland income tax that would be owed if the corporation were required to include in the numerator of the sales factor for purposes of apportioning income to the State all sales of property shipped from an office, store, warehouse, factory, or other place of storage in this State where:

1. the purchaser is the federal government; or

2. the property is shipped or delivered to a customer in a state in which the selling corporation is not subject to a state corporate income tax or state franchise tax measured by net income and could not be subjected to such a tax if the state were to impose it; and

(ii) for any income that the taxpayer has identified, on the income tax return filed under this title or on an income tax return filed in any state, as income that is nonoperational and therefore not apportionable:

1. the amount and source of that nonoperational income; and

2. if the commercial domicile of the corporation is in this State, the difference in tax that would be owed if the corporation were required to allocate 100% of the nonoperational income to Maryland to the fullest extent allowed under the United States Constitution.

(c) (1) The statements required under subsection (b) of this section:

(i) shall be filed annually, for all taxable years beginning after December 31, 2005, but before January 1, 2011, on or before dates specified by the Comptroller in an electronic format as specified by the Comptroller;

(ii) shall be:

1. made under oath and signed in the same manner as required for income tax returns under § 10–804 of this subtitle; and

2. subject to audit by the Comptroller in the course of and under the normal procedures applicable to corporate income tax return audits; and

(iii) notwithstanding any other provision of law, shall be treated as confidential taxpayer information subject to Title 13, Subtitle 2 of this article.

(2) The Comptroller shall develop and implement an oversight and penalty system to ensure that corporations provide the required disclosure statements in a timely and accurate manner.

(3) The Comptroller shall publish the name of, and penalty imposed on, any corporation failing to file a statement required under this section or filing an inaccurate statement.

(d) (1) A corporation submitting a statement required under this section may submit supplemental information that, in its sole judgment and discretion, could facilitate proper interpretation of the information included in the statement.

(2) A corporation shall file a supplemental statement under this section within 60 days after:

(i) the corporation files an amended tax return under this title; or

(ii) the corporation’s tax liability for a tax year is changed as the result of an audit adjustment or final determination of liability by the Comptroller or by a court of law.

(e) (1) The Comptroller shall:

(i) collect, compile, and analyze the information submitted under this section;

(ii) use the information submitted under this section to provide analyses as requested by the Governor or the General Assembly relating to the corporate income tax or proposals for changes to the corporate income tax; and

(iii) on or before March 1 of each year, based on information provided in income tax returns and the data submitted under this subsection, submit a report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly, concerning the corporate income tax.

(2) The report required under this subsection shall:

(i) summarize the information submitted under this section; and

(ii) provide detailed analyses of the characteristics of corporate taxpayers, including:

1. historical series of data and detailed reports for the reported year; and

2. the distribution of Maryland taxable income, income tax liability, and other elements of the corporate income tax such as tax credits, modifications to income, and net operating loss carryovers.

(3) The information provided in the report shall be provided by various categories, including:

(i) business category; and

(ii) various measures of size, such as taxable income, in–State and worldwide payroll, and in–State and worldwide gross receipts.

(f) The Comptroller shall adopt appropriate regulations to implement the provisions of this section.
Md. Code, Health Occupations § 10-302 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-302
§10–302.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(c) The applicant shall be at least 18 years old.

(d) An applicant for an occupational therapist license shall have successfully:

(1) Graduated from an educational program in occupational therapy that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and

(2) Completed the equivalent of at least 6 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements.

(e) An applicant for an occupational therapy assistant license shall have successfully:

(1) Graduated from an educational program for occupational therapy assistants that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and

(2) Completed the equivalent of at least 4 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements.

(f) The applicant shall pass the appropriate examination given by NBCOT or any other national credentialing organization approved by the Board.

(g) The applicant shall submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.
Md. Code, Economic Development § 10-653 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-653
§10–653.
Status: in_force

(a) There is a Hippodrome Performing Arts Financing Fund.

(b) (1) The Hippodrome Performing Arts Fund is a continuing, nonlapsing fund that shall be available in perpetuity to implement this subtitle concerning the Hippodrome Performing Arts facility.

(2) The Authority shall:

(i) use the Hippodrome Performing Arts Fund as a revolving fund for implementing this subtitle concerning the Hippodrome Performing Arts facility; and

(ii) pay any and all expenses from the Hippodrome Performing Arts Fund that are incurred by the Authority concerning the Hippodrome Performing Arts facility.

(c) (1) To the extent considered appropriate by the Authority, the receipts of the Hippodrome Performing Arts Fund shall be pledged to and charged with the following relating to the Hippodrome Performing Arts facility:

(i) the payment of debt service on Authority bonds;

(ii) all reasonable charges and expenses related to Authority borrowing; and

(iii) the management of Authority obligations.

(2) The pledge shall be effective as provided in § 10–634 of this subtitle.

(d) The Hippodrome Performing Arts Fund consists of:

(1) funds appropriated for deposit to the Hippodrome Performing Arts Fund;

(2) proceeds from the sale of bonds concerning the Hippodrome Performing Arts facility;

(3) revenues collected or received from any source under this subtitle concerning the Hippodrome Performing Arts facility; and

(4) any additional money made available from any public or private source for the purposes established for the Hippodrome Performing Arts Fund.

(e) (1) The Treasurer shall invest the money of the Hippodrome Performing Arts Fund in the same manner as State funds.

(2) Any investment earnings shall be credited to the Hippodrome Performing Arts Fund.

(3) No part of the Hippodrome Performing Arts Fund may revert or be credited to the General Fund or any special fund of the State.
Md. Code, Human Services § 10-514 — MD Code / Article ghu / Title 10 / Subtitle 5 / Section 10-514
§10–514.
Status: in_force

(a) There is a Senior Citizen Activities Center Operating Fund.

(b) The Fund shall be used to supplement, but may not be used to supplant, any existing funding for senior citizen activities centers in the State budget.
Md. Code, State Personnel and Pensions § 10-401 — MD Code / Article gsp / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

(a) Except as provided in subsection (b) of this section and § 10-404 of this subtitle, this subtitle applies to all employees of all units in the Executive Branch of State government.

(b) Except as provided in § 10-404 of this subtitle, this subtitle does not apply to a unit with an independent personnel system.
Md. Code, Insurance § 10-601 — MD Code / Article gin / Title 10 / Subtitle 6 / Section 10-601
§10–601.
Status: in_force

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

(b) “Authorized representative” means an independent contractor of a motor vehicle rental company.

(c) (1) “Motor vehicle rental company” means any person that is in the business of providing motor vehicles to the public under a rental agreement for a period of 180 days or less.

(2) “Motor vehicle rental company” does not include a peer–to–peer car sharing program as defined in § 19–520 of this article.

(d) “Rental agreement” means any written agreement containing the terms and conditions that govern the use of a vehicle provided by a motor vehicle rental company under the provisions of Title 18 of the Transportation Article.

(e) “Renter” means any person obtaining the use of a vehicle from a motor vehicle rental company under the terms of a rental agreement.

(f) “Vehicle” means a motor vehicle:

(1) of the private passenger type, including passenger vans, minivans, and sport utility vehicles; or

(2) of the cargo type, including cargo vans, pickup trucks, and trucks that do not require the operator to possess a commercial driver’s license.
Md. Code, Human Services § 10-493 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-493
§10–493.
Status: in_force

If a provider is the subject of a bankruptcy or receivership action, the claims of subscribers shall be administered in accordance with § 10-490(c) of this subtitle for the purpose of any legal action in conjunction with the bankruptcy or receivership.
Md. Code, Criminal Law § 10-308 — MD Code / Article gcr / Title 10 / Subtitle 3 / Section 10-308
§10–308.
Status: in_force

Nothing in this subtitle may be construed to infringe on the speech of a religious leader or other individual during peaceable activity intended to express the leader’s or individual’s religious beliefs or convictions.
Md. Code, Family Law § 10-116 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-116
§10–116.
Status: in_force

(a) A local support enforcement office:

(1) shall be funded from local and federal resources; and

(2) may keep any surcharge that is assessed against the obligor to defray the costs of support collection.

(b) The Administration shall pay a county that has a local support enforcement office collection incentives pursuant to a methodology based on the performance of the county in accordance with regulations adopted by the Administration under subsection (d) of this section.

(c) The rules, regulations, and standards of a local support enforcement office control if they generally conform to those adopted by the Secretary of Human Services under § 10–114 of this subtitle.

(d) The Administration shall adopt any regulations necessary to carry out the provisions of this section.
Md. Code, Natural Resources § 10-302 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-302
§10–302.
Status: in_force

(a) Any person engaged in a retail business who desires to sell the resident hunting license, either nonresident hunting license or individual hunting stamps as an agent under the Department’s control and supervision shall apply to the Department and provide a bond or other security deemed sufficient and adequate by the Department to ensure payment for the resident and nonresident hunting licenses of any type and individual hunting stamps.

(b) License fees collected by an agent shall be forwarded to the Department on a schedule and in a manner prescribed by the Department.

(c) (1) An agent may not make any false statement concerning any date of issuance or other resident or nonresident hunting license of any type or individual hunting stamp data.

(2) An agent may not issue any hunting license or individual hunting stamp without receiving the fees required by law.

(d) In addition to any other penalty provided for by the provisions of this title, any agent convicted of violating the provisions of this section shall lose the agent’s privileges.
Md. Code, Courts and Judicial Proceedings § 10-901 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-901
§10–901.
Status: in_force

(a) During the trial of a criminal case in which the defendant is charged with a felony, a statement as defined in Maryland Rule 5–801(a) is not excluded by the hearsay rule if the statement is offered against a party that has engaged in, directed, or conspired to commit wrongdoing that was intended to and did procure the unavailability of the declarant of the statement, as defined in Maryland Rule 5–804.

(b) Subject to subsection (c) of this section, before admitting a statement under this section, the court shall hold a hearing outside the presence of the jury at which:

(1) The Maryland Rules of Evidence are strictly applied; and

(2) The court finds by a preponderance of the evidence that the party against whom the statement is offered engaged in, directed, or conspired to commit the wrongdoing that procured the unavailability of the declarant.

(c) A statement may not be admitted under this section unless:

(1) The statement was:

(i) Given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;

(ii) Reduced to writing and signed by the declarant; or

(iii) Recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement; and

(2) As soon as is practicable after the proponent of the statement learns that the declarant will be unavailable, the proponent notifies the adverse party of:

(i) The intention to offer the statement;

(ii) The particulars of the statement; and

(iii) The identity of the witness through whom the statement will be offered.