Md. Code, Estates and Trusts § 2-208 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: in_force

(a) In addition to other powers and duties provided for in this title, each register has the additional powers and duties specified in this section.

(b) (1) The register shall appoint deputies and clerks required for the efficient operation of the register’s office.

(2) Appointments and compensation of deputies and clerks shall be approved by the Comptroller.

(3) When qualified, every deputy shall have the power and authority to act in the place of the register and every act performed by a deputy shall have the force and effect as if performed by the register.

(c) (1) The register shall receive, file, and store safely every original paper and record left in the register’s custody, in a repository of the courthouse as the court may direct.

(2) The County Commissioners, County Council, or the Mayor and City Council of Baltimore shall provide and keep in repair the repository at its expense.

(d) (1) The register shall keep a proper docket showing the grant of letters and a short entry of every paper filed in the court and every order of the court or the register, setting forth the nature of the order or paper.

(2) The docket shall be similar in every respect to the dockets required to be kept in the offices of the equity courts.

(3) The dockets shall be subject to supervision, examination, and control as ordered by the Comptroller.

(e) The register shall make out and issue every summons, process, or order of the court and, in every respect, act under the control and direction of the court as the clerk of a court of law acts under the direction of the court of law.

(f) (1) The register shall issue and certify under the seal of the court a copy of any part of the proceedings in the court or in the register’s office which a person may demand.

(2) Unless otherwise provided by law or order of a court of competent jurisdiction, any person may, without charge, inspect, examine, and make memoranda or notes from an index or paper filed with the register.

(g) (1) Each register shall attend each meeting of the court and, under the direction of the court, make full and fair entries of court proceedings.

(2) The register may also record by photographic process in strong bound books every probated will, and record by photographic process every other paper filed in the court or in the register’s office in a manner, consistent with the provisions of § 2–211 of this subtitle, as may be prescribed by the Comptroller and the State Archives to insure uniformity throughout the State.

(h) Except Saturdays, Sundays, Fridays when a legal holiday falls on a Saturday, and legal holidays, the register shall attend the register’s office daily in person or by deputy unless prevented by sickness, accident or necessity.

(i) The register shall audit every account filed with the register and examine in detail every voucher which may be submitted to substantiate payments made by a personal representative.

(j) The register shall inform the court of a default in the past of a personal representative which may come to the register’s attention.

(k) The register shall keep a seal of the court and the register.
Md. Code, General Provisions § 2-101 — MD Code / Article ggp / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

Unless a State or local law requires a different form of oath, an individual appointed to a public position that requires the individual to take an oath, but not subject to the oath required by Article I, § 9 of the Maryland Constitution, shall take an oath to perform faithfully the duties of the office to which the individual is appointed.
Md. Code, Criminal Procedure § 2-505 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(a) A law enforcement agency that uses or contracts for the use of facial recognition technology shall designate an employee of the law enforcement agency to be responsible for overseeing and administering the use of facial recognition technology in compliance with this subtitle as well as applicable local laws, regulations, and policies.

(b) (1) On or before October 1 each year, a law enforcement agency that uses or contracts for the use of facial recognition technology shall complete an audit to determine compliance with this subtitle as well as applicable local laws, regulations, and policies.

(2) The results of the audit conducted under this subsection, including any records, data, papers, or materials evaluated as part of the audit, shall be:

(i) maintained by the law enforcement agency for at least 3 years after completion of the audit, after which the law enforcement agency may destroy all audit materials; and

(ii) unless all audit materials have been destroyed in accordance with item (i) of this paragraph, disclosed if requested by:

1. the Attorney General;

2. the public defender;

3. a State’s Attorney;

4. a United States Attorney; or

5. a designee of an individual described in items 1 through 4 of this item.

(c) A police officer or other employee or agent of a law enforcement agency authorized to use facial recognition technology in the course of criminal investigations shall annually complete training administered by the Department of Public Safety and Correctional Services under § 2–506 of this subtitle.
Md. Code, Real Property § 2-111 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

A covenant by the grantor in a deed, “that the land is free and clear of all encumbrances” has the same effect as if he had covenanted that neither he nor his predecessors in his chain of title had done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be granted, or any part of it, are or will be charged, affected, or encumbered in title, estate, or otherwise.
Md. Code, State Finance and Procurement § 2-208 — MD Code / Article gsf / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: reserved

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

(2) “Indirect costs” means any costs that would be considered to be indirect costs under OMB Uniform Guidance.

(3) “Nonprofit organization” means an organization that is tax exempt under § 501(c)(3), (4), or (6) of the Internal Revenue Code.

(4) “OMB Uniform Guidance” means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards adopted by the Office of Management and Budget in 2 C.F.R. 200 and any related guidance published by the Office of Management and Budget.

(b) (1) This section applies only to:

(i) a grant or contract awarded on or after October 1, 2018;

(ii) a multi–year grant or contract awarded before October 1, 2018, if:

1. the grant or contract continues to be in effect on or after October 1, 2018; and

2. funding for the grant or contract is required to be authorized separately for each fiscal year; and

(iii) an extension or a renewal of a grant or contract if the extension or renewal is awarded on or after July 1, 2019.

(2) This section applies whether or not the funds awarded through the grant or contract are transferred directly by the State or through a third party to the nonprofit organization.

(3) This section does not require the reimbursement of indirect costs incurred under a multi–year grant or contract described under paragraph (1)(ii) of this subsection during any fiscal year that begins before July 1, 2019.

(c) If a nonprofit organization is a direct recipient or subrecipient of a grant or contract for the provision of services that is funded wholly with State funds or with a combination of State and other nonfederal funds, the terms of the grant or contract shall allow for reimbursement of indirect costs:

(1) at the same rate the nonprofit organization has negotiated and received:

(i) for indirect costs under a direct federal award; or

(ii) from a nonfederal entity based on the cost principles in Subpart E of OMB Uniform Guidance; or

(2) if the nonprofit organization has not negotiated and received an indirect cost rate described in item (1) of this subsection, at a rate equal to the greater of the de minimis rate established in Subpart E of OMB Uniform Guidance or 15% of the costs that would be considered modified total direct costs under OMB Uniform Guidance.
Md. Code, Health Occupations § 2-406 — MD Code / Article gho / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

While providing hearing aid services as an audiologist, an audiology assistant, or a hearing aid dispenser, a person may not:

(1) Engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article; or

(2) Violate any provision of Title 14, Subtitle 25 of the Commercial Law Article.
Md. Code, Health Occupations § 2-303.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-303.1
§2–303.
Status: in_force

§2–303.1.

(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 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) May 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, Business Occupations and Professions § 2-205 — MD Code / Article gbo / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

In addition to any other remedy authorized under this title, the Board, with the approval of the Attorney General, may sue in the name of the State to enjoin any act that is prohibited under Subtitle 6 of this title.
Md. Code, State Finance and Procurement § 2-206 — MD Code / Article gsf / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

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

(2) “Board” means the Maryland Agricultural Education and Rural Development Assistance Board.

(3) “Council” means the Rural Maryland Council established under Title 13, Subtitle 4 of the Economic Development Article.

(4) “Fund” means the Maryland Agricultural Education and Rural Development Assistance Fund.

(b) The General Assembly finds and declares that:

(1) many nonprofit organizations that serve the needs of the rural areas of the State experience fiscal difficulties in addressing the areas of economic and community development and agriculture and forestry education because of the inadequacy of funding resources for them;

(2) these organizations do not have the access to private and public sources of funding that are generally more available to nonprofit groups that serve the needs of the metropolitan areas of the State; and

(3) as a result, the rural areas of the State face a serious deficit of resources where the need, in many instances, is greatest.

(c) (1) There is a Maryland Agricultural Education and Rural Development Assistance Fund that shall be administered by the Council.

(2) The purpose of the Fund is to provide funding:

(i) to rural regional planning and economic development organizations and rural community development programs whose missions and work have statewide implications and merit State support; and

(ii) to augment the efforts of advanced technology centers and similar programs that serve agricultural and natural resources based small businesses in rural areas through community colleges.

(3) (i) The Fund is a continuing, nonlapsing fund which is not subject to § 7–302 of this article.

(ii) The Treasurer shall separately hold and the Comptroller shall account for the Fund.

(iii) The Treasurer may invest money in the Fund in the same manner as other State money may be invested.

(4) Expenditures from the Fund may only be made:

(i) pursuant to an appropriation approved by the General Assembly in the annual State budget; or

(ii) by the budget amendment procedure provided for in § 7–209 of this article, provided that:

1. the budget amendment and supporting information have been submitted to the budget committees for their review and comment; and

2. at least 45 days have elapsed from the time the budget amendment and supporting information were submitted to the budget committees.

(d) The Council shall award grants on the basis of the binding recommendations of the Maryland Agricultural Education and Rural Development Assistance Board.

(e) (1) There is a Maryland Agricultural Education and Rural Development Assistance Board.

(2) The Board shall consist of:

(i) the Secretary of Agriculture or the Secretary’s designee;

(ii) the Secretary of Commerce or the Secretary’s designee;

(iii) the Secretary of Housing and Community Development or the Secretary’s designee;

(iv) the Secretary of Health or the Secretary’s designee;

(v) the Secretary of Natural Resources or the Secretary’s designee; and

(vi) the Chairman of the Council or the Chairman’s designee.

(3) The agencies listed in paragraph (2)(i) through (v) of this subsection may assist the Council with administering individual grant awards.

(4) The Board shall:

(i) establish procedures for applications for grants;

(ii) review applications for grants; and

(iii) make binding recommendations to the Council regarding the recipients of grants and the amount of the grants.

(5) The Board shall give funding priority to organizations described in subsection (c)(2)(i) of this section that have:

(i) obtained an equal matching amount of funding from a source other than the State in the immediate prior fiscal year; or

(ii) sufficient evidence of a commitment of a third party funding source to provide an equal matching amount of funding in the current fiscal year.

(f) (1) A grant recipient shall submit to the Council written documentation of how the grant recipient spent or otherwise used the grant.

(2) On or before October 1 each year, the Council shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a written report that includes:

(i) the number of grants made during the fiscal year;

(ii) the names of the recipients of the grants;

(iii) the specific purpose of each grant awarded; and

(iv) documentation of how the grant recipient spent or otherwise used the grant.
Md. Code, Alcoholic Beverages and Cannabis § 2-402 — MD Code / Article gab / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) There is a Class E (water vessel) beer, wine, and liquor license issued by the Executive Director.

(b) (1) The license is required to be obtained for each water vessel on which beer, wine, or liquor is sold.

(2) The license is valid throughout the State.

(c) The license authorizes the owner or operator of a water vessel to sell beer, wine, or liquor for consumption on the vessel if the water vessel is used:

(1) for the transportation for hire of passengers from ports in the State to other ports in the State, coastal ports in other states, or foreign ports; or

(2) to operate tours within State waterways.

(d) The annual license fee is $150.
Md. Code, Criminal Procedure § 2-503 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) (1) A police officer or other employee or agent of a law enforcement agency may not, in the furtherance of a criminal investigation:

(i) use facial recognition technology to investigate a crime other than the commission of or the attempt to commit:

1. a crime of violence as defined in § 14–101 of the Criminal Law Article;

2. a human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article;

3. first– or second–degree child abuse under § 3–601 of the Criminal Law Article;

4. a child pornography offense under § 11–207 of the Criminal Law Article;

5. a hate crime under § 10–304 of the Criminal Law Article;

6. a weapon crime under § 4–102, § 4–103, § 4–203(a)(1)(iii) or (iv), § 4–204, or § 4–303(a)(2) of the Criminal Law Article;

7. a weapon crime under § 5–138, § 5–140, § 5–141, § 5–207(c)(16), § 5–406(a)(3), or § 5–703(a) of the Public Safety Article;

8. aggravated cruelty to animals under § 10–606 or § 10–607 of the Criminal Law Article;

9. importation of fentanyl or a fentanyl analogue under § 5–614(a)(1)(xii) of the Criminal Law Article;

10. stalking under § 3–802 of the Criminal Law Article;

11. a criminal act involving circumstances presenting a substantial and ongoing threat to public safety or national security; or

12. a crime under the laws of another state substantially equivalent to a crime listed in items 1 through 10 of this item involving a fugitive from justice charged with a crime in that state and sought under Title 9 of this article;

(ii) analyze an image or a recording of an individual:

1. engaged in activity protected under the United States Constitution, the Maryland Constitution, or the Maryland Declaration of Rights, unless there is reasonable suspicion to believe that the individual has committed, is in the process of committing, or is about to commit a crime; or

2. who is not intended to be identified;

(iii) use facial recognition technology to analyze a sketch or manually produced image;

(iv) disclose to a witness in the criminal investigation, prior to the witness participating in a live identification or photo array identification, that a particular suspect or image of a suspect was identified using facial recognition technology; or

(v) use facial recognition technology for the purpose of live or real–time identification of an image or a recording.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, an image being evaluated using facial recognition technology may be compared only to images contained in:

1. the database of images of driver’s license and identification card photos maintained by the Motor Vehicle Administration or the department of motor vehicles of another state; or

2. a database of mugshot photos maintained by a local, State, or federal law enforcement agency or a law enforcement agency of another country.

(ii) An image being evaluated using facial recognition technology may be compared to an image contained in a database other than a database described in subparagraph (i) of this paragraph if:

1. the law enforcement agency conducting the investigation has entered into an agreement with the entity that maintains the database governing the methods by which images in the database are collected; and

2. the agreement provides that the agreement will be terminated in the event that the entity maintaining the database commits a material breach of the provisions governing the methods by which images in the database are collected.

(3) Before being used for any purpose in relation to a criminal investigation, a result generated by facial recognition technology shall be independently verified by an individual who has completed training in accordance with § 2–505 of this subtitle.

(b) A police officer or other employee or agent of a law enforcement agency may not use facial recognition technology to identify an individual solely based on:

(1) the police officer’s, employee’s, or agent’s personal interest not related to legitimate duties or objectives of the law enforcement agency;

(2) the individual’s political or social beliefs or activities;

(3) the individual’s participation in lawful activities; or

(4) the individual’s race, color, religious beliefs, sexual orientation, gender, disability, national origin, or status as being homeless.

(c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a result generated by facial recognition technology in violation of this section and all other evidence subsequently derived from the result may not be introduced by the State for any purpose in a criminal court proceeding or in a juvenile court proceeding under Title 3, Subtitle 8A of the Courts Article.

(2) Evidence derived from a result generated in violation of subsection (a)(1) of this section may be introduced for a purpose described in § 2–502 of this subtitle if the court finds that the evidence would otherwise be subject to a legally valid exception to the exclusionary rule.

(3) This subsection may not be construed to allow the use of a result generated using facial recognition technology to be introduced as evidence in a criminal trial or in an adjudicatory hearing held under § 3–8A–18 of the Courts Article.
Md. Code, Agriculture § 2-202 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) There is a Maryland Agricultural Commission in the Department.

(b) The Commission shall formulate and make proposals for the advancement of Maryland agriculture by serving as an advisory body to the Secretary on matters pertaining to agriculture.
Md. Code, Alcoholic Beverages and Cannabis § 2-149 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-149
§2–149.
Status: in_force

(a) A direct wine shipper may renew its direct wine shipper’s permit each year if the direct wine shipper:

(1) is otherwise entitled to have a direct wine shipper’s permit;

(2) provides to the Executive Director a copy of its current permit;

(3) identifies the wines manufactured by the direct wine shipper that the direct wine shipper intends to ship into the State; and

(4) pays to the Executive Director a renewal fee of $200.

(b) The Executive Director may deny a renewal application of a direct wine shipper who fails to:

(1) file a tax return required under this part;

(2) pay a fee or tax when due; or

(3) after receiving notice, comply with this article or a regulation that the Comptroller or Executive Director adopts.
Md. Code, Tax - Property § 2-106 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) Each county shall provide the supervisor of the county with an office in the county seat or in Baltimore City, for the supervisor of Baltimore City. The Department is responsible for providing each supervisor with clerical staff, equipment, and other facilities and assistance that the Department considers necessary and as provided in the State budget.

(b) (1) Except as provided in paragraph (2) of this subsection, each county and Baltimore City shall be responsible for reimbursing the State for the costs of administering the Department as follows:

(i) 90% of the costs of real property valuation;

(ii) 90% of the costs of business personal property valuation; and

(iii) 90% of the costs of the Office of Information Technology within the Department, including any funding for departmental projects in the Major Information Technology Development Project Fund established under § 3.5–309 of the State Finance and Procurement Article.

(2) For each of fiscal years 2012 and 2013, each county and Baltimore City shall be responsible for reimbursing the State 90% instead of 50% of the costs of administering the Department described in paragraph (1) of this subsection.

(c) Costs under subsection (b) of this section shall be allocated among the counties and Baltimore City as follows:

(1) costs under subsection (b)(1)(i) and (iii) of this section will be allocated based on the number of real property accounts of a county or Baltimore City as a percentage of the total number of real property accounts statewide as of July 1 of the preceding fiscal year; and

(2) costs under subsection (b)(1)(ii) of this section will be allocated based on the business personal property assessable base of a county or Baltimore City as a percentage of the total business personal property assessable bases statewide as of July 1 of the preceding fiscal year.

(d) Each county and Baltimore City shall remit a quarterly payment to the Comptroller for 25% of the jurisdiction’s share of costs on the following dates:

(1) July 1;

(2) October 1;

(3) January 1; and

(4) April 1.

(e) The Comptroller may withhold a portion of a local income tax distribution of a county or Baltimore City that fails to make timely payment in accordance with this section.
Md. Code, Courts and Judicial Proceedings § 2-316 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

(a) This section applies only in Baltimore City.

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

(2) “City” means the Mayor and City Council of Baltimore City.

(3) “Commissioner” means the Labor Commissioner of Baltimore City.

(c) The Sheriff of Baltimore City shall receive:

(1) An expense allowance of $750 two times per year; and

(2) An annual salary of:

(i) $79,300 in calendar year 2007;

(ii) $84,600 in calendar year 2008;

(iii) $89,900 in calendar year 2009;

(iv) $95,200 in calendar year 2010; and

(v) In calendar year 2011 and thereafter, no less than the salary of a Command Staff 2 in the Baltimore City Police Department at the midpoint in the pay scale.

(d) (1) The Sheriff shall appoint:

(i) An undersheriff or chief deputy sheriff;

(ii) Three assistant sheriffs;

(iii) Three deputy sheriff majors;

(iv) Three deputy sheriff captains;

(v) Six deputy sheriff lieutenants;

(vi) One secretary sheriff; and

(vii) One fiscal clerk sheriff.

(2) The Sheriff may appoint:

(i) Up to a maximum of:

1. 9 deputy sheriff sergeants;

2. 103 deputy sheriffs;

3. 2 domestic violence clerks;

4. 2 domestic violence advocates; and

5. 2 social workers; and

(ii) Subject to subsection (i) of this section, any additional sworn or civilian personnel if the funding for the personnel is provided in the ordinance of estimates or any other source.

(e) (1) Except as provided in paragraph (2) of this subsection and subsection (i) of this section, salaries for employees listed in subsection (d) of this section shall be set by the Secretary of Budget and Management.

(2) (i) Salaries for deputy sheriffs shall be set at a rate not less than the salary equivalent to grade 14 of the State pay scale.

(ii) Salaries for deputy sheriff sergeants shall be set at a rate not less than the salary equivalent to grade 16 of the State pay scale.

(iii) Salaries for deputy sheriff lieutenants shall be set at a rate not less than the salary equivalent to grade 18 of the State pay scale.

(f) (1) In addition to any other compensation received, unless modified by a collective bargaining agreement, each deputy sheriff shall receive an expense allowance of $400 annually for:

(i) Ammunition for practice sessions at the range;

(ii) Clothing allowance to defray the cost of dry cleaning and maintaining the clothing worn while on duty; and

(iii) The purchase and maintenance of other items necessary to fulfill duties that currently are not furnished by the Baltimore City Sheriff’s Department.

(2) (i) A deputy sheriff who uses a personal automobile is entitled to a monthly automobile allowance at the same rate paid to other State employees.

(ii) Any Sheriff who is assigned a city–owned automobile may not receive the monthly automobile expense allowance.

(3) (i) The Sheriff’s Office shall also have assistants at the compensation provided for in the annual ordinance of estimates of Baltimore City.

(ii) Provisions shall also be made in the ordinance for the expenses of the Sheriff’s Office, including the purchase and maintenance of motor vehicles.

(4) The Mayor and City Council of Baltimore have the same power with respect to the salaries of the Sheriff’s Office as they have under the city charter with respect to the salaries of all municipal departments.

(5) Employees of the Sheriff’s Office, except the Sheriff, shall be selected according to the provisions of the State Personnel and Pensions Article.

(g) (1) The Mayor and City Council shall pay monthly to the Sheriff one twelfth of the amount provided in the ordinance of estimates for the expenses of the Sheriff’s Office.

(2) Within 30 days after June 30th in each and every year the Sheriff shall pay to the Mayor and City Council any of the unexpended expense funds advanced during the preceding year and render a detailed account to the Mayor and City Council of all expense funds received and expended by the Sheriff.

(3) The Mayor and City Council shall reimburse the State for the administrative costs incurred because the employees of the Sheriff’s Office are in the State Personnel Management System.

(h) During the course of a deputy sheriff’s employment, any deputy sheriff of the city may ride in the city on public transportation of the Maryland Transit Administration without paying any fare if the deputy sheriff shows proper identification regarding employment as a deputy sheriff.

(i) (1) This subsection applies only to all full–time sworn law enforcement officers who are deputy sheriffs at the rank of lieutenant or below and court security officers.

(2) This subsection does not apply to the following employees in the Sheriff’s Office:

(i) Sworn law enforcement officers in the Sheriff’s Office at a rank of captain or above;

(ii) Employees in appointed positions;

(iii) Civilian merit system employees;

(iv) Full–time reduced hours employees;

(v) Part–time employees;

(vi) Contractual employees;

(vii) Temporary employees;

(viii) Emergency employees; or

(ix) Employees whose employment is administered under the Baltimore City policies and procedures manual.

(3) (i) A deputy sheriff or a court security officer has the right to:

1. Take part in or refrain from taking part in forming, joining, supporting, or participating in any employee organization or its lawful activities;

2. Be represented by an exclusive representative, if any, in collective bargaining; and

3. Engage in other concerted activities for the purpose of collective bargaining.

(ii) Full–time sworn law enforcement officers and court security officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize and bargain collectively in good faith concerning the following matters:

1. Compensation, excluding salary, wages, and those benefits determined, offered, administered, controlled, or managed by the City;

2. Leave, holidays, and vacations; and

3. Hours, working conditions, and job security.

(iii) Sworn law enforcement officers and court security officers may seek recognition in order to organize and bargain collectively in good faith with the City concerning merit step increases and those benefits determined, offered, administered, controlled, or managed by the City.

(iv) 1. A sworn law enforcement officer or a court security officer who is a member of a bargaining unit with an exclusive representative may discuss any matter with the employer without the intervention of the exclusive representative.

2. If a discussion under subsubparagraph 1 of this subparagraph leads to a resolution or an adjustment of a dispute, the resolution or adjustment may not be inconsistent with the terms of a collective bargaining agreement then in effect.

(4) The Sheriff and the Sheriff’s Office, through their appropriate officers and employees, may:

(i) Determine:

1. The mission;

2. The budget;

3. The organization;

4. The numbers, types, and grades of employees assigned;

5. The work projects, tours of duty, and methods, means, and personnel by which its operations are conducted;

6. The technology needs;

7. The internal security practices; and

8. The relocation of its facilities;

(ii) Maintain and improve the efficiency and effectiveness of governmental operations;

(iii) Determine the services to be rendered, operations to be performed, and technology to be used;

(iv) Determine the overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted;

(v) Hire, direct, supervise, and assign employees;

(vi) Promote, demote, discipline, discharge, retain, and lay off employees;

(vii) Terminate employment because of lack of funds, lack of work, a determination by the employer that continued work would be inefficient or nonproductive, or for other legitimate reasons;

(viii) Set the qualifications of employees for appointment and promotions;

(ix) Set standards of conduct;

(x) Adopt office rules, regulations, and procedures;

(xi) Provide a system of merit employment according to a standard of business efficiency; and

(xii) Take actions, not otherwise specified in this subsection, to carry out the mission of the Sheriff’s Office.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, an exclusive representative may not be recognized by the Sheriff unless that representative is selected and certified by the Commissioner.

(ii) Any petition to be recognized that is submitted on behalf of the sworn law enforcement officers shall be accompanied by a showing of interest supported by at least 31% of the sworn law enforcement officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, an exclusive representative shall be deemed decertified if a petition is submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law enforcement officers indicating their desire to decertify the exclusive representative.

2. If the exclusive representative wishes to challenge the validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20 days after submission of the petition, the exclusive representative may request a secret ballot election.

3. The secret ballot election shall be conducted by an impartial umpire selected jointly by the participating parties from a list of umpires provided by the American Arbitration Association.

4. The costs associated with the appointment of the impartial umpire shall be shared equally by the exclusive representative and Baltimore City.

5. If at least 51% of the employees in the bargaining unit vote in favor of decertification during the secret ballot election, the exclusive representative shall be decertified.

(6) (i) 1. The Sheriff may designate at least one but not more than four individuals to represent the Sheriff in collective bargaining.

2. If the Commissioner is a party to collective bargaining, the City may designate at least one but not more than four individuals to represent the City in collective bargaining.

3. The exclusive representative shall designate at least one but not more than four individuals to represent the exclusive representative in collective bargaining.

(ii) The parties shall meet at reasonable times and engage in collective bargaining in good faith.

(iii) Negotiations or matters relating to negotiations shall be considered closed sessions under § 3–305 of the General Provisions Article.

(iv) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the budget request.

(v) On certification by the Commissioner of the exclusive representative, the parties shall meet to negotiate an agreement within 90 days after the certification and memorialize the agreement in writing.

(vi) Negotiations for an agreement shall begin on or before September 1 of the year before the expiration of any existing agreement.

(7) To the extent that any matters negotiated between the Sheriff, the City, and the collective bargaining unit require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for the approval of legislation or to the City for the appropriation of funds.

(8) An agreement is not valid if it extends for less than 1 year or for more than 4 years.

(9) (i) An agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) An agreement may contain a grievance procedure for binding arbitration of the interpretation of contract terms and clauses.

(iii) 1. An agreement reached in accordance with this subsection shall be in writing and signed by the designated representatives of the Sheriff and the exclusive representative involved in the collective bargaining negotiations.

2. If the Commissioner is a party to the agreement, the agreement shall be signed by the Commissioner or the Commissioner’s designee in addition to the signatories required under subsubparagraph 1 of this subparagraph.

(iv) An agreement is not effective until it is ratified by:

1. The Sheriff;

2. If the Board of Estimates of the City of Baltimore is a party to the collective bargaining, the Board or the Board’s designee; and

3. A majority of the votes cast by the employees in the bargaining unit.

(v) A modification to an existing agreement is not valid unless it is in writing and ratified by:

1. The Sheriff;

2. If the City is a party to the collective bargaining, the City or the City’s designee; and

3. A majority of the votes cast by the employees in the bargaining unit.

(10) If there is a conflict between an existing collective bargaining agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and Management, or the City, including merit system or other personnel regulations, the terms of the agreement shall prevail unless otherwise prohibited by law.

(11) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the City are unable to reach an agreement on or before January 15, any party may seek mediation through the Federal Mediation and Conciliation Service.

(ii) A party seeking mediation under subparagraph (i) of this paragraph shall provide written notice to the other parties and the Federal Mediation and Conciliation Service at least 15 days before the anticipated first mediation meeting.

(iii) The parties shall share the costs of the services of the mediator as follows:

1. The exclusive representative shall pay 50% of the costs;

2. If the City and the Sheriff are both parties to the negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the costs; and

3. If the City is not a party to the negotiations giving rise to the mediation, the Sheriff shall pay 50% of the costs.

(iv) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party.

(v) The parties shall engage in mediation for at least 30 days unless the parties mutually agree in writing to the termination or extension of the mediation or reach an agreement.

(vi) The contents of a mediation proceeding under this paragraph may not be disclosed by the parties or the mediator.

(12) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the City have not reached an agreement on or before March 1, or any later date determined by mutual agreement of the parties:

1. Any party may declare a bargaining impasse;

2. The party declaring a bargaining impasse under item 1 of this subparagraph shall request a list of arbitrators to be provided to the parties by the Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the American Arbitration Association; and

3. Within 3 days after the parties’ receipt of the list provided under item 2 of this subparagraph, the parties shall select an arbitrator by alternate striking of names from the list.

(ii) On or before March 15, or any later date determined by mutual agreement of the parties, the parties shall submit to the arbitrator:

1. A joint memorandum listing all items to which the parties previously agreed; and

2. A separate proposed memorandum of each party’s final offer presented in negotiations on all items to which the parties previously did not agree.

(iii) 1. On or before March 30, or any later date determined by mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place within Baltimore City selected by the arbitrator.

2. At a hearing, each party may submit evidence and make oral and written arguments in support of the party’s last final offer.

(iv) The arbitrator may:

1. Give notice and hold hearings in accordance with the Maryland Administrative Procedure Act;

2. Administer oaths and take testimony and other evidence; and

3. Issue subpoenas.

(v) Once the parties have submitted their positions into the record, each party shall have an opportunity to revise its final position before the record is closed and the matter is submitted to the arbitrator for a determination.

(vi) On or before April 15, or any later date determined by mutual agreement of the parties, the arbitrator shall issue a report:

1. Selecting the final offer submitted by the parties that the arbitrator determines to be more reasonable when viewed as a whole; and

2. Stating the reasons that the arbitrator found the final offer to be more reasonable.

(vii) In determining which final offer is more reasonable under subparagraph (vi) of this paragraph, the arbitrator may consider only:

1. Past collective bargaining agreements between the parties, including the bargaining history that led to the collective bargaining agreement and the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

2. In an arbitration to which the exclusive representative of sworn law enforcement officers or court security officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers or court security officers employed in other jurisdictions in the State;

3. In an arbitration to which the exclusive representative of sworn law enforcement officers or court security officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers or court security officers from the primary police or sheriff’s departments in all counties in the State;

4. A comparison of wages, hours, benefits, and other conditions of employment of employees working for the county;

5. The costs of the respective proposals of the parties;

6. The condition of the Baltimore City budget, the ability of the Sheriff and the City to finance any economic adjustments required under the proposed collective bargaining agreement, and the potential impact of the parties’ final offers on the bond rating of Baltimore City;

7. The annual increase or decrease in the cost of living in the statistical areas described in item 8 of this subparagraph as compared to the national average and to other comparable metropolitan areas;

8. The annual increase or decrease in the cost of living in Baltimore City;

9. Recruitment and retention data;

10. The special nature of the work performed by the employees in the bargaining unit, including hazards of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed on those employees as compared to other employees of the Sheriff’s Office;

11. The interest and welfare of the public and the employees in the bargaining unit; and

12. Stipulations of the parties regarding any of the items under this subparagraph.

(viii) The arbitrator may not:

1. Receive or consider the history of collective bargaining related to the immediate dispute, including any offers of settlement not contained in the final offer submitted to the arbitrator, unless the parties mutually agree otherwise;

2. Combine final offers or alter the final offer that the arbitrator selects, unless the parties mutually agree otherwise; or

3. Select an offer in which the conditions of employment or the compensation, salaries, fees, or wages to be paid are unreasonable.

(ix) 1. The arbitrator shall submit the report issued under subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive representative.

2. The recommendations of the arbitrator are not binding on the City, the Sheriff, or the exclusive representative.

3. Except as provided in subsubparagraph 4 of this subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or reject a recommendation of the arbitrator.

4. Subject to subsubparagraph 5 of this subparagraph, if a recommendation of the arbitrator requires an appropriation of funds, only the City may adopt or reject the recommendation.

5. The City may not accept a recommendation of the arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree on the funding source for the appropriation.

6. The parties shall accept or reject the arbitrator’s recommendations within 30 days after the submission of the report to the parties under subsubparagraph 1 of this subparagraph.

(x) The parties shall share the costs of the services of the arbitrator as follows:

1. The exclusive representative shall pay 50% of the costs;

2. If the City and the Sheriff are both parties to the negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25% of the costs; and

3. If the City is not a party to the negotiations giving rise to the arbitration, the Sheriff shall pay 50% of the costs.

(xi) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party.

(xii) This paragraph may not be construed to prohibit the parties from reaching a voluntary settlement on any unresolved issues at any time before or after the issuance of the recommendations by the arbitrator.

(13) If a collective bargaining agreement expires after the exclusive representative has given notice of its desire to enter into collective bargaining for a successor collective bargaining agreement, the terms and conditions of the prior collective bargaining agreement shall remain in effect until the earlier of:

(i) The parties reaching a new agreement; or

(ii) 180 days after the date on which the party or parties reject the arbitrator’s recommendations.

(14) If the parties fail to reach a new agreement within the 180–day time period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior collective bargaining agreement shall cease to be effective.

(15) This subsection does not authorize a sworn law enforcement officer or a court security officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

(16) This subsection may not be construed as subjecting disciplinary matters or the disciplinary process to negotiation as part of the collective bargaining process.
Md. Code, State Finance and Procurement § 2-303 — MD Code / Article gsf / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

(a) Any authorized officer, after filing with the Secretary of State the manual signature of the authorized officer certified under oath, may execute or cause to be executed with a facsimile signature instead of a manual signature:

(1) any public security, if the signature of at least 1 authorized officer required or permitted to be placed on the public security is manually subscribed; and

(2) any instrument of payment.

(b) If a public security is required to be manually signed by a trustee, issuing agent, fiscal agent, registrar, or other agent or custodian, any other signature required or permitted to be placed on the public security may be a facsimile signature.

(c) Upon compliance with this subtitle by the authorized officer, the facsimile signature of the authorized officer has the same legal effect as the manual signature of the authorized officer.
Md. Code, Commercial Law § 2A-514 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-514
§2A–514.
Status: in_force

(1) In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:

(a) If, stated seasonably, the lessor or the supplier could have cured it (§ 2A-513); or

(b) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.

(2) A lessee’s failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.
Md. Code, Insurance § 2-206 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

When advisable to determine compliance with this article, the Commissioner may examine the accounts, records, documents, and transactions that relate to the insurance affairs or proposed insurance affairs of:

(1) an insurance producer, surplus lines broker, general agent, adjuster, public adjuster, or adviser;

(2) a person with the exclusive or dominant right under a contract to manage or control an insurer;

(3) a person that, for the purpose of controlling the management of a domestic insurer, holds the shares of voting stock or policyholder proxies of the domestic insurer as voting trustee or otherwise; or

(4) a person engaged in, proposing to engage in, or helping in the promotion or formation of:

(i) a domestic insurer or insurance holding corporation; or

(ii) a corporation to finance a domestic insurer or the production of its business.
Md. Code, Alcoholic Beverages and Cannabis § 2-407 — MD Code / Article gab / Title 2 / Subtitle 4 / Section 2-407
§2–407.
Status: in_force

(a) (1) An applicant for a Class E, Class F, or Class G license shall submit to the Executive Director an application in the form that the Executive Director provides.

(2) An application shall be made under oath.

(b) Except as provided in subsection (c) of this section, the application shall be made on behalf of an entity that is a corporation, a limited liability company, or an incorporated or unincorporated club by three officers or employees residing in the State who are authorized by the entity to apply for the license.

(c) (1) If there are fewer than three officers, directors, or authorized individuals of the entity, all officers, directors, or authorized individuals shall make the application.

(2) A stockholder on behalf of a close corporation may make the application if:

(i) there are no officers or directors of the close corporation; and

(ii) there is an affirmative vote of the stockholders holding a majority of the stock.

(3) If three principal officers of an entity are applicants for a Class G license, no applicant need be a registered voter, taxpayer, or resident of the State.

(4) Except as provided in paragraph (5) of this subsection, if the application for a Class E or Class F license is made for the use of a limited liability company:

(i) the license shall be applied for and issued to three of the authorized individuals for the company, as individuals; and

(ii) at least one of the applicants:

1. shall be a registered voter and taxpayer of the State when the application is submitted; and

2. shall have resided in the State for at least 2 years before the application is submitted.

(5) In Baltimore City, an authorized individual of a limited liability company who holds a license for the use of the limited liability company that was granted on or before June 1, 2012, need not be a registered voter in Baltimore City.

(d) (1) An application shall contain:

(i) the name and address of the applicant;

(ii) the amount of time the applicant has resided in the State;

(iii) the name and address of the entity on whose behalf the license is sought;

(iv) the class of license sought;

(v) a statement that the applicant:

1. is a citizen of the United States;

2. is at least 21 years old;

3. has not been convicted of a felony;

4. has not had a license for the sale of alcoholic beverages revoked; and

5. if issued a license, will obey all laws relating to the business for which the license is sought;

(vi) a statement that the entity for which the license is sought:

1. consents to the issuance of the license; and

2. except as provided in paragraph (2) of this subsection, authorizes the Executive Director to inspect and search at any time, without warrant, the aircraft, railroad car, or water vessel to which the license applies;

(vii) the names and addresses of all of the officers of the entity; and

(viii) the signatures of the president or vice president of the entity, and the three officers to whom the license shall be issued.

(2) An inspection or a search conducted under paragraph (1)(vi)2 of this subsection may not be at a time or in a manner that delays or interferes with the movement of an aircraft, a train, or a water vessel.
Md. Code, Correctional Services § 2-405 — MD Code / Article gcs / Title 2 / Subtitle 4 / Section 2-405
§2–405.
Status: in_force

For the purpose of a workers’ compensation law or benefit or other law or benefit that would apply or accrue to an individual who is performing a service anywhere for a correctional unit under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.
Md. Code, Tax - General § 2-301 — MD Code / Article gtg / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) From the alcoholic beverage tax revenue, the Comptroller shall distribute the amount necessary to administer the alcoholic beverage tax laws to an administrative cost account.

(b) After making the distribution required under subsection (a) of this section, the Comptroller shall distribute to the Maryland Alcohol Manufacturing Promotion Fund under § 5–2009 of the Economic Development Article the alcoholic beverage tax revenue collected under § 5–105 of this article on:

(1) beer produced by holders of a Class 5 brewery license, Class 6 pub–brewery license, Class 7 micro–brewery license, or Class 8 farm brewery license;

(2) wine produced by holders of a Class 3 winery license or Class 4 limited winery license; and

(3) distilled spirits produced by holders of a Class 1 distillery license or Class 9 limited distillery license.

(c) After making the distributions required under subsections (a) and (b) of this section, the Comptroller shall distribute the remaining alcoholic beverage tax revenue to the General Fund of the State.
Md. Code, Public Utilities § 2-109 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

(a) (1) On request of the Commission, a public officer shall give to the Commission, without charge, a certified copy of a document or part of a document on file with the officer.

(2) Without charge, a public officer shall accept from the Commission any document authorized or required to be filed with the officer and shall enter, file, docket, or record the document.

(b) Each record of the Commission is a public record and shall be made available to the public at reasonable times.
Md. Code, Corporations and Associations § 2-306 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

(a) Unless the charter provides otherwise, if stated capital is reduced by retiring stock held by the corporation, the board of directors may approve the reduction without stockholder action.

(b) (1) Except as provided in subsection (a) of this section or in § 2-605 of this title, a reduction of stated capital of a corporation, whether to be effected with or without a charter amendment, shall be approved in the manner provided in this subsection.

(2) The board of directors shall:

(i) Adopt a resolution which declares that the charter amendment, if any, and the proposed reduction is advisable; and

(ii) Direct that the proposed reduction and any charter amendment be submitted for consideration at either an annual or special meeting of the stockholders.

(3) A notice which states that a purpose of the meeting will be to act on the proposed reduction and any charter amendment shall be given in the manner required by Subtitle 5 of this title to each stockholder entitled to vote on the matter.

(4) The proposed reduction and any charter amendment shall be approved by the stockholders of the corporation by the affirmative vote of two thirds of all the votes entitled to be cast on the matter.
Md. Code, State Government § 2-804 — MD Code / Article gsg / Title 2 / Subtitle 8 / Section 2-804
§2–804.
Status: in_force

The President and the Speaker jointly shall appoint the chair and the vice chair of the Committee.
Md. Code, Agriculture § 2-313.2 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-313.2
§2–313.
Status: in_force

§2–313.2.

(a) Subject to subsection (b) of this section and on review and approval of the Secretary or the Secretary’s designee, the Board may issue a cease and desist order against a person who:

(1) Practices, attempts to practice, or offers to practice veterinary medicine in violation of § 2–313(a) of this subtitle; or

(2) Takes an action:

(i) For which the Board determines there is a preponderance of evidence of grounds for discipline under § 2–310 or § 2–313 of this subtitle; or

(ii) That poses a serious risk to the health, safety, and welfare of an animal patient.

(b) (1) In lieu of a cease and desist order under subsection (a) of this section, the Board may impose a civil penalty not exceeding:

(i) $5,000 for a first offense; and

(ii) $10,000 for a second or subsequent offense.

(2) In setting the amount of a civil penalty, the Board shall consider:

(i) The seriousness of the violation;

(ii) The harm caused by the violation;

(iii) The good faith of the violator;

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

(v) Any other relevant factors.

(3) Before a civil penalty is imposed under this subsection, the Board shall provide to the person on whom the civil penalty will be imposed notice of the alleged violation and an opportunity for a hearing.

(c) A person against whom a cease and desist order is issued or a civil penalty is imposed under this section may seek review of the order or penalty under the Administrative Procedure Act.

(d) An action for a cease and desist order or a civil penalty imposed under this section is in addition to, and not instead of, disciplinary actions authorized under § 2–310 of this subtitle or an action for injunctive relief under § 2–315 of this subtitle.

(e) (1) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for violations of a cease and desist order.

(2) The sanctions established by regulations adopted under paragraph (1) of this subsection may include a civil penalty consistent with subsection (b) of this section.

(f) The Board shall pay any penalty collected under this section into the General Fund of the State.
Md. Code, State Finance and Procurement § 2-507 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(a) As provided in the State budget, the Secretary of General Services shall provide, in central locations in units of the State and local government and other public facilities jointly recommended by the Secretary of Health and the State Superintendent of Schools, teletypewriters for the use of deaf individuals. These locations shall provide access to emergency police, fire, and rescue services.

(b) The teletypewriters shall be connected electronically so as to provide a means of communication between deaf individuals and the offices of major public and private facilities equipped with similar machines within a toll–free telephone district.

(c) Whenever a unit of the State or a local government gives out conventional public service telephone numbers to the public on written material, it shall also give out corresponding teletypewriter numbers on the written material. The teletypewriter numbers may be included at the time of stock replenishment.
Md. Code, Courts and Judicial Proceedings § 2-324 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-324
§2–324.
Status: in_force

(a) This section applies only in Frederick County.

(b) The Sheriff of Frederick County shall receive an annual salary of $125,000.

(c) (1) The Sheriff shall appoint:

(i) Deputies as necessary, at salaries of at least $2,400; and

(ii) Jail wardens as necessary, at salaries of at least $1,320.

(2) (i) The Sheriff may appoint additional temporary deputy sheriffs as the Sheriff considers necessary for the public safety, with the approval of the governing body of the county, by ordinance.

(ii) The governing body, by ordinance, shall allow reasonable compensation for the temporary additional deputy sheriffs.

(iii) The temporary deputies may not serve longer than the occasion requires.

(3) The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff.

(d) Any deputy sheriff, with the exception of the chief deputy, appointed according to this section:

(1) Shall be placed on a probationary status for at least 18 months of continuous employment; and

(2) May be dismissed by the Sheriff for any reason during the probationary period.

(e) (1) All full–time civilian employees are subject to the county personnel regulations with regard to qualifications for hiring, promotion, compensation and disciplinary action.

(2) All deputy sheriffs, except the chief deputy, are subject to the county personnel regulations with regard to qualifications for hiring, promotion and compensation with regard to matters not covered by the Law Enforcement Officers’ Bill of Rights.

(f) (1) The Sheriff may appoint special deputy sheriffs who are:

(i) Members of the police force of a municipality in the county;

(ii) Selected by the chief of police of the municipality; and

(iii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission.

(2) The appointment of special deputy sheriffs under this subsection is subject to the following conditions:

(i) The Sheriff may assign the duties of special deputies;

(ii) The Sheriff may terminate the appointment of the special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed;

(iii) The special deputy sheriff is not an employee of the county for the purpose of employment security or employee benefits; and

(iv) County liability insurance coverage within its terms shall be provided to a special deputy sheriff under this section only when the special deputy is acting within the special deputy’s official duties.

(g) (1) This subsection applies to all full–time deputy sheriffs in the Frederick County Sheriff’s Office at the rank of sergeant and below.

(2) Full–time deputy sheriffs at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.

(4) The County Executive of Frederick County, or the County Executive’s designee:

(i) May not be a party to a collective bargaining agreement entered into under this subsection; but

(ii) May attend and participate in all collective bargaining sessions of the parties.

(5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election.

(iv) The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties.

(6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.

(7) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Sheriff.

(v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.

(8) Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

(h) (1) This subsection applies to all full–time correctional officers in the Sheriff’s Office at the rank of sergeant and below.

(2) Full–time correctional officers at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.

(4) The County Executive, or the County Executive’s designee:

(i) May not be a party to a collective bargaining agreement entered into under this subsection; but

(ii) May attend and participate in all collective bargaining sessions of the parties.

(5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional officers at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election.

(iv) The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties.

(6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the governing body of the county.

(7) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional officers in the bargaining unit and the Sheriff.

(v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.

(8) Nothing in this subsection may be construed as authorizing or otherwise allowing a correctional officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.
Md. Code, Criminal Procedure § 2-205 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

A police officer without a warrant may arrest a person if:

(1) the police officer has probable cause to believe the person has engaged in stalking under § 3-802 of the Criminal Law Article;

(2) there is credible evidence other than the statements of the alleged stalking victim to support the probable cause under item (1) of this section; and

(3) the police officer has reason to believe that the alleged stalking victim or another person is in danger of imminent bodily harm or death.
Md. Code, Environment § 2-1004 — MD Code / Article gen / Title 2 / Subtitle 10 / Section 2-1004
§2–1004.
Status: in_force

By June 30, 2007, the Department shall adopt regulations to implement the provisions of this subtitle.
Md. Code, State Government § 2-1505.1 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1505.1
§2–1505.
Status: in_force

§2–1505.1.

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

(2) “Economic impact analysis” means an estimate of the cost or the economic benefit to small businesses that may be affected by a proposed bill introduced at a session of the General Assembly.

(3) “Economic impact analysis rating” means an estimate that a proposed bill will have:

(i) minimal or no economic impact on small businesses; or

(ii) meaningful economic impact on small businesses.

(4) “Small business” means a corporation, partnership, sole proprietorship, or other business entity, including its affiliates, that:

(i) is independently owned and operated;

(ii) is not dominant in its field; and

(iii) employs 50 or fewer full-time employees.

(b) (1) An economic impact analysis rating and an economic impact analysis, as appropriate, shall be prepared by the appropriate Executive Branch agency for each bill that is introduced at the request of the administration or a department, agency, or commission of the Executive Branch of State government.

(2) A copy of the economic impact analysis rating and the economic impact analysis required under this subsection shall be submitted by the Governor’s office:

(i) to the Department of Legislative Services within a reasonable time frame prior to the hearing on the bill to allow the Department to comment on the economic impact analysis rating and the economic impact analysis; and

(ii) to the committee to which the bill is referred prior to the hearing on the bill.

(c) (1) An economic impact analysis rating and an economic impact analysis, as appropriate, shall be prepared by the Department of Legislative Services for each bill that is introduced by a member of the General Assembly.

(2) A copy of the economic impact analysis rating and the economic impact analysis required under this subsection shall be submitted by the Department of Legislative Services:

(i) to the primary sponsor of the bill; and

(ii) to the committee to which the bill is referred prior to the hearing on the bill.

(d) (1) If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have minimal or no economic impact on small businesses, the agency or Department shall indicate that determination by a brief written statement.

(2) If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have a meaningful economic impact on small businesses, the agency or Department shall develop a complete written economic impact analysis.

(3) (i) If the appropriate Executive Branch agency or the Department of Legislative Services determines that a bill will have a meaningful economic impact on small businesses and is unable to provide a complete written economic impact analysis, the agency or Department shall provide a written explanation of why the agency determined that the bill will have a meaningful economic impact.

(ii) The explanation may identify the impact in general terms and need not quantify the specific economic impact.

(e) The economic impact analysis rating and the economic impact analysis required under this section shall include estimates directly relating to the following factors, as appropriate:

(1) cost of providing goods and services;

(2) effect on the workforce;

(3) effect on the cost of housing;

(4) efficiency in production and marketing;

(5) capital investment, taxation, competition, and economic development; and

(6) consumer choice.

(f) (1) The Executive Branch agency or the Department of Legislative Services preparing the economic impact analysis rating and the economic impact analysis required under this section shall consult with, as appropriate:

(i) other units of State government;

(ii) units of local government; and

(iii) business, trade, consumer, labor, and other groups impacted by or having an interest in the legislation.

(2) On request of the Executive Director of the Department of Legislative Services, a unit of the State or a local government shall provide the Department with assistance or information in the preparation of an economic impact analysis rating and economic impact analysis.

(g) (1) The Department of Legislative Services may include an economic impact analysis rating and economic impact analysis prepared by the Department or by the appropriate Executive Branch agency as part of a fiscal note.

(2) The Department of Legislative Services may comment on the economic impact analysis rating and economic impact analysis prepared by the appropriate Executive Branch agency.

(h) The Department of Legislative Services may revise the economic impact analysis rating and economic impact analysis consistent with an amended version of a bill.

(i) (1) The Department of Legislative Services shall keep a copy of each economic impact analysis rating and economic impact analysis for 3 years after preparation of the rating or the analysis.

(2) The copies shall be reasonably available for public inspection.

(j) Economic impact analysis ratings and economic impact analyses need not be published in the Senate journal or House journal.

(k) The validity of an enactment of a bill is not affected by the presence, absence, or content of an economic impact analysis rating or an economic impact analysis.
Md. Code, Health Occupations § 2-4A-07 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-07
§2–4A–07.
Status: in_force

To apply for a license, an applicant shall:

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

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

(3) Submit to a criminal history records check in accordance with § 2–303.1 of this title.
Md. Code, Commercial Law § 2-715 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-715
§2–715.
Status: in_force

(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller’s breach include

(a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) Injury to person or property proximately resulting from any breach of warranty.
Md. Code, Business Occupations and Professions § 2-309 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

(a) If an applicant qualifies for a license under this subtitle, the Board shall mail or electronically transmit to the applicant a notice that states that:

(1) the applicant has qualified for a license; and

(2) on receipt of a license fee set by the Board, the Board will issue a license to the applicant.

(b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.
Md. Code, Tax - General § 2-1401 — MD Code / Article gtg / Title 2 / Subtitle 14 / Section 2-1401
§2–1401.
Status: in_force

The Comptroller shall distribute the savings and loan association franchise tax revenue to the General Fund of the State.
Md. Code, Corporations and Associations § 2-606.1 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-606.1
§2–606.
Status: in_force

§2–606.1.

(a) A corporation may not issue any of the stock that is classified, reclassified, or newly authorized by an amendment before the time the amendment is effective, as provided in § 2–610.1 of this subtitle.

(b) Notwithstanding subsection (a) of this section:

(1) The stock issued by a corporation before the time the amendment with respect to the stock is effective shall cease to be voidable as a result of the failure to file articles of amendment or articles of amendment and restatement at the time the amendment becomes effective; and

(2) A right or liability accrued by reason of the issuance of the stock by a corporation before the time the amendment becomes effective shall be extinguished at the time the amendment becomes effective, except to the extent that the person having the right or liability has acted detrimentally in reliance on the right or liability solely by reason of the issuance of the stock.
Md. Code, Alcoholic Beverages and Cannabis § 2-303 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

(a) There is a Class 2 wine and liquor wholesaler’s license.

(b) The license authorizes the license holder to:

(1) acquire wine and liquor from:

(i) a license holder that is authorized to sell and deliver the wine and liquor to a wholesaler; and

(ii) a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver wine and liquor; and

(2) sell and deliver wine and liquor from the licensed premises to:

(i) a license holder or permit holder in the State; and

(ii) an authorized person outside the State.

(c) The annual license fee is $1,750.

(d) The license holder may use an additional location for the warehousing, sale, and delivery of wine and liquor:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $1,750 fee for each additional location.
Md. Code, Corporations and Associations § 2-513 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-513
§2–513.
Status: in_force

(a) Unless the charter of a corporation provides otherwise by reference to this section or the subject matter of this section, this section does not apply, in whole or in part, to holders of any shares of any class or series of stock, other than common stock, that is classified or reclassified by articles of supplementary, or created by articles of incorporation or an amendment to the charter, accepted for record by the Department on or after October 1, 2020.

(b) One or more persons who together are and for at least 6 months have been stockholders of record or holders of voting trust certificates of at least 5% of the outstanding shares of any class or series of stock of a corporation may:

(1) In person or by agent, on request in writing or by electronic transmission, inspect and copy during usual business hours the corporation’s books of account and its stock ledger;

(2) Provide to any officer of the corporation, the resident agent of the corporation, or any agent designated by the corporation to maintain corporate documents on the corporation’s behalf, a request in writing or by electronic transmission for a statement of its affairs; and

(3) In the case of any corporation which does not maintain the original or a duplicate stock ledger at its principal office, provide to any officer of the corporation, the resident agent of the corporation, or any agent designated by the corporation to maintain corporate documents on the corporation’s behalf, a request in writing or by electronic transmission for a list of its stockholders.

(c) Within 20 days after a request for information is made under subsection (b) of this section, the corporation shall prepare and have available on file at its principal office or make available by electronic transmission:

(1) In the case of a request for a statement of affairs, a statement verified under oath by its president or treasurer or one of its vice–presidents or assistant treasurers which sets forth in reasonable detail the corporation’s assets and liabilities as of a reasonably current date; and

(2) In the case of a request for a list of stockholders, a list verified under oath by one of its officers or its stock transfer agent or registrar which sets forth the name and address of each stockholder and the number of shares of each class or series of stock which the stockholder holds.
Md. Code, Public Utilities § 2-121 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-121
§2–121.
Status: in_force

The Commission may adopt reasonable regulations as necessary to carry out any law that relates to the Commission.
Md. Code, Commercial Law § 2A-531 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-531
§2A–531.
Status: in_force

(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee:

(i) Has a security interest in the goods;

(ii) Has an insurable interest in the goods; or

(iii) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.

(2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his (or her) suit or settlement, subject to his (or her) own interest, is as a fiduciary for the other party to the lease contract.

(3) Either party with the consent of the other may sue for the benefit of whom it may concern.
Md. Code, Alcoholic Beverages and Cannabis § 2-130 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-130
§2–130.
Status: in_force

(a) There is a manufacturer off–site permit.

(b) The Executive Director may issue the permit to a holder of any of the following licenses who meets the requirements of this section:

(1) Class 1 distillery license;

(2) Class 3 winery license;

(3) Class 4 limited winery license;

(4) Class 5 brewery license;

(5) Class 7 micro–brewery license;

(6) Class 8 farm brewery license; or

(7) Class 9 limited distillery license.

(c) (1) During an event listed in subsection (e) of this section, the permit holder may:

(i) provide samples and sell products to a consumer that are manufactured by the permit holder under the permit holder’s license;

(ii) provide to a consumer a sample that may not exceed:

1. 1 fluid ounce for each offering of wine;

2. 1 fluid ounce for each offering of beer; or

3. 0.25 fluid ounce for each offering of liquor;

(iii) sell to a consumer for on–premises consumption; and

(iv) subject to paragraph (2) of this subsection, sell to a consumer for off–premises consumption.

(2) The holder of a Class 5 brewery license, a Class 7 micro–brewery license, or a Class 8 farm brewery license may sell to each consumer at an approved off–site permitted event under the permit up to 288 ounces of beer for off–premises consumption.

(d) The permit holder shall have present at least one individual who is certified by an approved alcohol awareness program while providing samples or selling an alcoholic beverage during an event.

(e) The permit may be used:

(1) at the following events:

(i) a county agricultural fair;

(ii) the Maryland State Agricultural Fair;

(iii) a farmer’s market that is listed on the Farmer’s Market Directory of the Maryland Department of Agriculture; and

(iv) a nonprofit beer, wine, and liquor festival under § 2–131 of this subtitle; and

(2) for not more than 32 additional events in 1 year that have an activity:

(i) that has a primary purpose other than the sale and promotion of alcoholic beverages; or

(ii) for which the participation of the permit holder is secondary.

(f) The permit may not be used for more than nine events in 1 year at any individual location.

(g) An applicant for a permit shall complete an application on a form that the Executive Director authorizes.

(h) The permit holder shall notify the Executive Director of the permit holder’s intention to attend an event within a period of time that the Executive Director determines on the form that the Executive Director authorizes.

(i) The Executive Director may adopt regulations to require the permit holder to notify the local licensing board of the jurisdiction where the event is being held of the permit holder’s intention to attend the event.

(j) The annual permit fee is $100.
Md. Code, Housing and Community Development § 2-401 — MD Code / Article ghs / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

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

(b) (1) “Affirmatively further fair housing” means to take meaningful actions, in addition to actions aimed at combating discrimination, to:

(i) overcome patterns of segregation; and

(ii) foster inclusive communities free from barriers that restrict access to housing and opportunity based on protected characteristics.

(2) “Affirmatively further fair housing” includes to take meaningful actions that, taken together:

(i) address significant disparities in housing needs and access to opportunity;

(ii) replace segregated living patterns with truly integrated and balanced living patterns;

(iii) transform racially and ethnically concentrated areas of poverty into areas of opportunity; and

(iv) foster and maintain compliance with civil rights and fair housing laws.

(c) “Meaningful action” means a significant action that is designed and can be reasonably expected to achieve a material positive change by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.
Md. Code, Alcoholic Beverages and Cannabis § 2-302 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) There is a Class 1 beer, wine, and liquor wholesaler’s license.

(b) The license authorizes the license holder to:

(1) acquire beer, wine, and liquor from:

(i) a license holder that is authorized to sell and deliver the beer, wine, and liquor to a wholesaler; and

(ii) a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver beer, wine, and liquor; and

(2) sell and deliver beer, wine, and liquor from the licensed premises to:

(i) a license holder or permit holder in the State; and

(ii) an authorized person outside the State.

(c) The annual license fee is $2,000.

(d) The license holder may use an additional location for the warehousing, sale, and delivery of beer, wine, and liquor:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $2,000 fee for each additional location.
Md. Code, Commercial Law § 2A-511 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-511
§2A–511.
Status: in_force

(1) If a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his (or her) possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor’s account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.

(2) If a merchant lessee (subsection (1)) or any other lessee (§ 2A-512 of this subtitle) disposes of goods, he (or she) is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade or, if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.

(3) In complying with this section or § 2A-512, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.

(4) A purchaser who purchases in good faith from a lessee pursuant to this section or § 2A-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this title.
Md. Code, Commercial Law § 2-613 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-613
§2–613.
Status: in_force

Where the contract requires for its performance goods identified when the contract is made and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (§ 2-324) then

(a) If the loss is total the contract is avoided; and

(b) If the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.
Md. Code, State Finance and Procurement § 2-401 — MD Code / Article gsf / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

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

(b) “Annual operating costs” include the cost of:

(1) the production, treatment, pumping, storage, transmission, and distribution of water and the maintenance and repair of equipment associated with these functions;

(2) the collection, pumping, transmission, and treatment of wastewater, and the maintenance and repair of equipment associated with these functions;

(3) administrative overhead;

(4) debt service;

(5) depreciation; and

(6) servicing customer accounts.

(c) “Lateral system construction costs” include:

(1) any cost necessary to plan, design, acquire, construct, inspect, test, and put into operation the lateral system to serve a State facility; and

(2) any indirect cost incurred by the local jurisdiction that is necessary to construct water and sewer lines.
Md. Code, Environment § 2-1401 — MD Code / Article gen / Title 2 / Subtitle 14 / Section 2-1401
§2–1401.
Status: in_force

(a) (1) On or before July 1, 2018, the Governor shall include the State as a member of the U.S. Climate Alliance.

(2) The Governor may withdraw the State from the U.S. Climate Alliance only if the General Assembly enacts a law to approve the withdrawal.

(b) On or before December 1, 2018, and on or before December 1 each year thereafter, the Governor shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on the State’s participation in the U.S. Climate Alliance, including:

(1) Any collaborations or partnerships among the Alliance members or external stakeholders; and

(2) Any policies or programs that the Alliance has endorsed, undertaken, or considered.
Md. Code, Environment § 2-604 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

(a) A corrective order issued under this subtitle shall:

(1) Specify the provision that allegedly has been violated;

(2) Describe the nature and extent of the alleged violation;

(3) Require corrective action within a time specified in the order; and

(4) State that the person charged will receive a hearing if the person requests the hearing within 10 days after service.

(b) Each corrective order issued under this subtitle shall be in writing and shall be served:

(1) As a summons is served under the Maryland Rules; or

(2) By certified mail.

(c) Unless the person charged with a corrective order requests a hearing within 10 days after service, the corrective order becomes a final order.

(d) If the person charged with a corrective order makes a timely request for a hearing under subsection (c) of this section, the Secretary shall:

(1) Hold a hearing within 20 days after the request is made; and

(2) Give the person written notice of the date, time, and place of the hearing, at least 10 days before the hearing date.
Md. Code, Tax - General § 2-108 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

If, in good faith and with reasonable grounds, the Comptroller, the Executive Director, or a peace officer of the State seizes contraband property or a conveyance used to transport contraband property under § 13–835 of this article, the Comptroller, the Executive Director, or peace officer shall have the immunity from liability described under § 5–523 of the Courts and Judicial Proceedings Article.
Md. Code, Commercial Law § 2-306 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
Md. Code, Agriculture § 2-314 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-314
§2–314.
Status: in_force

A person licensed by the State of Maryland to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2–301(c) of this subtitle, or a veterinary technician registered by the State under § 2–309 of this subtitle shall have the immunity from liability described under § 5–614 of the Courts and Judicial Proceedings Article.
Md. Code, Courts and Judicial Proceedings § 2-607 — MD Code / Article gcj / Title 2 / Subtitle 6 / Section 2-607
§2–607.
Status: in_force

(a) (1) The administrative judge of each district, with the approval of the Chief Judge of the District Court, may appoint the number of commissioners necessary to perform the functions of the office within each county.

(2) In multicounty districts, the administrative judge shall obtain the recommendation of the resident judge in each county as to the number of commissioners required in the county and as to the persons to be appointed.

(b) (1) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of this paragraph, commissioners shall be adult residents of the county or a county contiguous to the county in which they serve, but they need not be lawyers.

(ii) In Anne Arundel County, commissioners shall be adult residents of Anne Arundel County or a county contiguous to Anne Arundel County, except Baltimore City, but they need not be lawyers.

(iii) In Baltimore City, commissioners shall be adult residents of Baltimore City, but they need not be lawyers.

(iv) In Baltimore County, commissioners shall be adult residents of Baltimore County or a county contiguous to Baltimore County, except Baltimore City, but they need not be lawyers.

(2) Each commissioner shall hold office at the pleasure of the Chief Judge of the District Court, and has the powers and duties prescribed by law.

(3) Except without additional compensation, unless otherwise fixed by law, an employee of the District Court, who is an adult, may be granted, in the same manner, commissioner powers and duties in the county where the employee is employed.

(c) (1) A commissioner shall receive applications and determine probable cause for the issuance of charging documents.

(2) A commissioner shall advise arrested persons of their constitutional rights, set bond or commit persons to jail in default of bond or release them on personal recognizance if circumstances warrant, and conduct investigations and inquiries into the circumstances of any matter presented to the commissioner in order to determine if probable cause exists for the issuance of a charging document, warrant, or criminal summons and, in general, perform all the functions of committing magistrates as exercised by the justices of the peace prior to July 5, 1971.

(3) There shall be in each county, at all times, one or more commissioners available for the convenience of the public and police in obtaining charging documents, warrants, or criminal summonses and to advise arrested persons of their rights as required by law.

(4) A commissioner may exercise the powers of office in any county to which the commissioner is assigned by the Chief Judge of the District Court or a designee of the Chief Judge of the District Court.

(5) The Chief Judge of the District Court may authorize one or more commissioners to perform the duties of a commissioner regarding persons arrested in a county other than the county in which the commissioner resides and for which the commissioner was appointed when the arrested persons are brought before the commissioner by a peace officer of the jurisdiction in which that arrest was made.

(6) (i) An individual may file an application for a statement of charges with a District Court commissioner.

(ii) On review of an application for a statement of charges, a District Court commissioner may issue a summons or an arrest warrant.

(iii) A District Court commissioner may issue an arrest warrant only on a finding that:

1. There is probable cause to believe that the defendant committed the offense charged in the charging document; and

2. A. The defendant previously has failed to respond to a summons that has been personally served or a citation;

B. The whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court;

C. The defendant is in custody for another offense; or

D. There is probable cause to believe that the defendant poses a danger to another person or to the community.

(iv) On a finding of good cause, a judge of the District Court or a judge of a circuit court may recall an arrest warrant issued by a District Court commissioner under this paragraph and issue a summons in its place.

(d) (1) The authority under this subsection applies only to a respondent who is an adult.

(2) A commissioner may issue an interim order for protection of a person eligible for relief in accordance with § 4–504.1 of the Family Law Article or a petitioner in accordance with § 3–1503.1 of this article.

(e) Notwithstanding the residence requirements set out in subsection (b) of this section, the Chief Judge of the District Court or a designee of the Chief Judge of the District Court may assign a commissioner of the District Court to serve temporarily in any county.
Md. Code, Land Use § 2-103 — MD Code / Article glu / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) (1) From among its appointed members, a planning commission shall elect a chair.

(2) (i) The term of a chair is 1 year.

(ii) A chair may be reelected.

(b) A planning commission may establish and select other officers that it considers appropriate.
Md. Code, State Finance and Procurement § 2-506 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

Braille numbers or raised print numbers that indicate floors or levels shall be installed on the control panels in each elevator located in a public building.
Md. Code, Commercial Law § 2A-310 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-310
§2A–310.
Status: in_force

(1) Goods are “accessions” when they are installed in or affixed to other goods.

(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).

(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.

(4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of:

(a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or

(b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.

(5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this title, or (b) if necessary to enforce his (or her) other rights and remedies under this title, remove the goods from the whole, free and clear of all interests in the whole, but he (or she) must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
Md. Code, Commercial Law § 2-319 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-319
§2–319.
Status: in_force

(1) Unless otherwise agreed the term F. O. B. (which means “free on board”) at a named place, even though used only in connection with the stated price, is a delivery term under which

(a) When the term is F. O. B. the place of shipment, the seller must at that place ship the goods in the manner provided in this title (§ 2-504) and bear the expense and risk of putting them into the possession of the carrier; or

(b) When the term is F. O. B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this title (§ 2-503);

(c) When under either (a) or (b) the term is also F. O. B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F. O. B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this title on the form of bill of lading (§ 2-323).

(2) Unless otherwise agreed the term F. A. S. vessel (which means “free alongside”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must

(a) At his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and

(b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling within subsection (1) (a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F. A. S. or F. O. B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this title (§ 2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.

(4) Under the term F. O. B. vessel or F. A. S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Md. Code, Land Use § 2-105 — MD Code / Article glu / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) (1) A planning commission shall have the powers necessary to enable the commission to fulfill its functions, promote planning, and execute the purposes of this division.

(2) On a planning commission’s request, all public officials shall provide to the commission, within a reasonable time, available information that the commission may require for the performance of the planning commission’s functions.

(3) In the performance of the planning commission’s functions, a planning commission and its members, officers, and employees may enter on any land and make examinations and surveys.

(4) A planning commission may accept and use gifts and public or private grants for the performance of the commission’s functions.

(b) (1) A planning commission’s expenditures, other than gifts, shall be made in accordance with:

(i) the conditions of the legislative body; and

(ii) the amount appropriated by the legislative body.

(2) The legislative body shall provide the funds, equipment, and accommodations necessary for the performance of the planning commission’s functions.

(c) (1) A planning commission shall:

(i) adopt rules for the conduct of its business; and

(ii) keep records of its resolutions, transactions, findings, and determinations.

(2) The records required under paragraph (1) of this subsection shall be open to the public.
Md. Code, State Government § 2-1245 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1245
§2–1245.
Status: in_force

There is an Office of Policy Analysis in the Department.
Md. Code, State Government § 2-1214 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1214
§2–1214.
Status: in_force

(a) The Office shall manage all personnel activities of the Department and generally carry out the duties set forth in § 2–1205 of this subtitle.

(b) The Office shall manage the personnel activities of the General Assembly as assigned by the President and the Speaker.

(c) (1) The Office shall maintain electronic records that include:

(i) the name of each member of the General Assembly, each employee of the General Assembly, and each employee of the Department who takes workplace harassment prevention training;

(ii) the date the workplace harassment prevention training was completed; and

(iii) the name of the person who conducted the training.

(2) The Office shall:

(i) maintain the records required under paragraph (1) of this subsection for at least 5 years after the member or employee takes workplace harassment prevention training; and

(ii) publish the records related to training of members of the General Assembly on the website of the General Assembly.
Md. Code, Family Law § 2-410 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-410
§2–410.
Status: reserved

(a) (1) Except as provided in this subsection, a judge, clerk, or deputy clerk may not receive any fee, remuneration, or gift for performing a marriage ceremony.

(2) (i) 1. A Maryland judge’s fee for performing a marriage ceremony is a nonrefundable fee, payable to the clerk before a marriage license is issued, in the amount of $30 in Cecil County and $25 in any other county.

2. The clerk’s or deputy clerk’s fee for performing a marriage ceremony is $30 in Cecil County and $25 in any other county.

(ii) Except as provided in paragraphs (5) and (10) of this subsection, each month the clerk shall pay $10 of each fee collected under this section into the general fund of the county.

(iii) Except as otherwise provided in this subsection, the clerk shall retain the remainder of each fee and deposit and disburse it in the same manner as other fees collected by the clerk.

(3) In Allegany County, from the remaining $15, the clerk shall pay, quarterly, $2 of each fee to the Allegany County Historical Society.

(4) (i) In Anne Arundel County, from the remaining $15, the clerk shall pay $4 of each fee to the Anne Arundel County Trust for Preservation, Inc.

(ii) The Anne Arundel County Trust for Preservation, Inc. shall report annually to the Anne Arundel County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds transferred from the Anne Arundel County Committee of the Historical Trust.

(iii) The Anne Arundel County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of the Anne Arundel County Trust for Preservation, Inc.

(5) (i) In Baltimore County, the clerk shall pay the entire $25 fee to the Baltimore County Historical Trust, Inc.

(ii) The Baltimore County Historical Trust, Inc. shall report annually to the Baltimore County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds collected before July 1, 1987.

(iii) The Baltimore County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of the Baltimore County Historical Trust, Inc.

(6) In Cecil County:

(i) of the funds remaining after the payment into the general fund of the county under paragraph (2)(ii) of this subsection, the clerk shall pay:

1. $5 of each fee to the Cecil Historical Trust, Incorporated; and

2. $5 of each fee to the Historical Society of Cecil County;

(ii) the Historical Society of Cecil County shall report annually to the Cecil County Commissioners on the use of the funds received under this section;

(iii) the Cecil Historical Trust, Incorporated shall report annually to the Cecil County Commissioners and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds transferred from the Cecil County Committee of the Maryland Historical Trust; and

(iv) the Cecil County Commissioners or the Maryland Historical Trust may request at any time an audit of the financial records of the Cecil Historical Trust, Incorporated.

(7) In Garrett County, from the remaining $15, the clerk shall pay $5 of each fee to the Garrett County Historical Society.

(8) In Montgomery County, from the remaining $15, the clerk shall pay:

(i) $2 of each fee to the Montgomery County Historical Society, Incorporated; and

(ii) $3 of each fee into the fund for the enhancement and beautification of the Montgomery County Courthouse and facilities.

(9) (i) In Prince George’s County, from the remaining $15, the clerk shall pay $3 of each fee to Prince George’s Heritage, Inc.

(ii) Prince George’s Heritage, Inc. shall report annually to the Prince George’s County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds collected before July 1, 1987.

(iii) The Prince George’s County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of Prince George’s Heritage, Inc.

(10) In Harford County, from the $25 fee for performing a marriage ceremony, the clerk shall pay $20 of each fee to the Historical Society of Harford County, Inc.

(11) (i) In Washington County, from the remaining $15, the clerk shall pay $10 of each fee to the Washington County Historical Society, Incorporated.

(ii) The Washington County Historical Society, Incorporated, shall report annually to the Board of County Commissioners of Washington County and the Maryland Historical Trust on the use of all funds received under this section.

(iii) The Board of County Commissioners of Washington County or the Maryland Historical Trust may request at any time an audit of the financial records of the Washington County Historical Society, Incorporated.

(12) (i) In Frederick County, the clerk shall pay the remaining $15 to Heritage Frederick.

(ii) Heritage Frederick shall report annually to the Frederick County Executive and the Maryland Historical Trust on the use of all funds received under this section.

(iii) The Frederick County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of Heritage Frederick.

(b) (1) A clerk or deputy clerk may not violate any provision of this section.

(2) A clerk or deputy clerk who violates the provisions of this section is guilty of neglect of duty and on conviction is subject to removal from office.
Md. Code, Insurance § 2-505 — MD Code / Article gin / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(a) There is an Insurance Regulation Fund that consists of:

(1) all revenue received through the imposition and collection of the assessment fee under this subtitle;

(2) all revenue received through the imposition and collection of the fees set forth in § 2–112 of this title;

(3) all revenue received through the imposition and collection of the fraud prevention fee under Title 6, Subtitle 2 of this article;

(4) all revenue received through the collection of examination expenses under § 2–208 of this title;

(5) except as provided in § 2–114(a) of this title, all other fees received through the imposition and collection of fees set forth in this article; and

(6) income from investments that the State Treasurer makes for the Fund.

(b) The purpose of the Fund is to pay all the costs and expenses incurred by the Administration that are related to its responsibilities to regulate the insurance activities of all insurers that engage in the insurance business in this State.

(c) (1) All the costs and expenses of the Administration shall be included in the State budget.

(2) Any expenditures from the Fund to cover costs and expenses of the Administration may only be made:

(i) with an appropriation from the Fund approved by the General Assembly in the annual State budget; or

(ii) by the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article.

(3) (i) 1. Subject to subsubparagraph 2 of this subparagraph, if, in any fiscal year, the amount of revenue collected by the Commissioner and deposited into the Fund exceeds 105% of the actual appropriations for the Administration, the excess amount shall be carried forward within the Fund.

2. The assessment fee imposed under this subtitle shall be adjusted to maintain the Fund at a level that does not exceed 105% of the Administration’s approved annual budget.

(ii) If, in any given fiscal year, the amount of revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the expenditures of the Administration because of an unforeseen emergency and expenditures are made in accordance with the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article, an additional assessment for the expenditures may be made.

(d) (1) The State Treasurer is the custodian of the Fund.

(2) The State Treasurer shall deposit payments received from the Commissioner into the Fund.

(e) (1) The Fund is a continuing, nonlapsing fund and is not subject to § 7–302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.

(2) No part of the Fund may revert or be credited to:

(i) the General Fund of the State; or

(ii) a special fund of the State, unless otherwise provided by law.
Md. Code, State Government § 2-1226 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1226
§2–1226.
Status: in_force

(a) Except as provided in § 2–1225 of this subtitle and subsection (b) of this section, information that an employee or authorized representative of the Office of Legislative Audits obtains during an examination or in relation to an act or allegation of fraud, waste, or abuse:

(1) is confidential; and

(2) may not be disclosed except to another employee or authorized representative of the Office of Legislative Audits.

(b) The Legislative Auditor may authorize the disclosure of information obtained during an examination or in relation to an act or allegation of fraud, waste, or abuse only to the following:

(1) another employee of the Department, with the approval of the Executive Director;

(2) federal, State, or local officials, or their auditors, who provide evidence to the Legislative Auditor that they are performing investigations, studies, or audits related to that same examination and who provide justification for the specific information requested; or

(3) the Joint Audit and Evaluation Committee, if necessary to assist the Committee in reviewing a report issued by the Legislative Auditor.

(c) Except as provided in § 2–1225 of this subtitle, if information that an employee or authorized representative obtains during an examination also is confidential under another law, the employee, authorized representative, or the Legislative Auditor may not include in a report or otherwise use the information in any manner that discloses the identity of any person who is the subject of the confidential information.
Md. Code, Transportation § 2-606 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-606
§2–606.
Status: in_force

(a) The Governor shall appoint a Bicycle and Pedestrian Advisory Committee to provide guidance to State agencies concerning:

(1) Funding of bicycle and pedestrian related programs;

(2) Public education and awareness of bicycling and pedestrian related activities;

(3) Public education and awareness of bicycling and pedestrian safety; and

(4) Any other issue directly related to bicycling and pedestrians.

(b) The Committee shall consist of the following:

(1) One representative each from:

(i) The Department of Transportation;

(ii) The Department of Natural Resources;

(iii) The State Department of Education;

(iv) The Department of State Police;

(v) The Department of Commerce;

(vi) The Maryland Department of Health;

(vii) The Department of Planning;

(viii) The Department of Disabilities; and

(ix) The Maryland–National Capital Park and Planning Commission;

(2) One citizen member from each of the following areas:

(i) The Eastern Shore;

(ii) Western Maryland; and

(iii) Southern Maryland;

(3) Two citizen members from each of the following areas:

(i) The Baltimore metropolitan area; and

(ii) The Washington metropolitan area; and

(4) Up to six citizen members selected to represent the interests of bicyclists, pedestrians, and the disabled community to include:

(i) A representative of individuals who are visually impaired; and

(ii) A representative of individuals who are mobility impaired.

(c) One of the citizen members selected under subsection (b) of this section shall have an expertise in bicycle and pedestrian safety.

(d) The total membership of the Committee may not exceed 22 members.

(e) The Governor shall select a chairman from among the citizen members.

(f) (1) The term of a member is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2001.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

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

(g) The Committee may adopt procedures necessary to ensure the orderly transaction of business.

(h) The Committee shall hold regular meetings as it deems appropriate.

(i) A member of the Committee may not receive compensation but shall be reimbursed for expenses under the Standard State Travel Regulations, as provided for in the State budget.

(j) The Department shall provide staff, administrative support, and operating expenses for the Committee as provided in the State budget.
Md. Code, Public Safety § 2-316 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

(a) The Department shall establish a regional law enforcement council for each of the regions established by the Law Enforcement Coordinating Council under § 2–315 of this subtitle.

(b) The purpose of each regional council is to prevent and reduce crime by:

(1) coordinating and focusing State and local resources; and

(2) ensuring interagency communications and intelligence–sharing.

(c) Each regional council shall consist of the following members:

(1) the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

(2) the Secretary of Juvenile Services, or the Secretary’s designee;

(3) the Secretary of Human Services, or the Secretary’s designee;

(4) the Secretary of Housing and Community Development, or the Secretary’s designee;

(5) the Secretary of Emergency Management, or the Secretary’s designee;

(6) the Director of the Maryland Coordination and Analysis Center, or the Director’s designee;

(7) the Secretary, or the Secretary’s designee; and

(8) the chiefs of the law enforcement agencies with jurisdiction in each region, or their designees.

(d) The members of each regional council shall select the chair of the regional council.

(e) The Department shall provide staff for each regional council.

(f) Each regional council shall meet to:

(1) share intelligence;

(2) identify regional crime trends;

(3) strategize the deployment of resources to prevent and respond to regional crime, particularly violent crime;

(4) review outstanding warrants in the region; and

(5) discuss community engagement efforts, technology, and training programs.

(g) Each regional council shall meet at least quarterly.

(h) On or before December 1 each year, each regional council shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly concerning the council’s activities and recommendations.
Md. Code, Estates and Trusts § 2-213 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-213
§2–213.
Status: in_force

A register shall make available to the public information about registering with the State donor registry.
Md. Code, State Personnel and Pensions § 2-307 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

(a) A State employee may not directly supervise the employee's parent, spouse, sibling, or child.

(b) A State employee may not use, threaten to use, or attempt to use political influence or the influence of any State employee or officer in gaining an unfair advantage in any personnel decision affecting the employee, including a decision about promotion, transfer, leave of absence, or increased pay, or in disciplinary actions.

(c) A State employee may not use, threaten to use, or attempt to use personal influence in providing an unfair advantage to another individual in any personnel decision, including a decision about hiring, promotion, transfer, leave of absence, or increased pay, or in disciplinary actions.

(d) An employee who violates this section is subject to disciplinary action, including the termination of State employment.
Md. Code, Agriculture § 2-302.1 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-302.1
§2–302.
Status: in_force

§2–302.1.

(a) In this section, “veterinary review committee” means a committee or board that:

(1) Is within one of the categories described in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (c) of this section.

(b) For purposes of this section, a veterinary review committee is:

(1) A regulatory board or agency that is established by State or federal law to license, certify, or discipline any veterinary practitioner;

(2) A committee of the Maryland Veterinary Medical Association or any of its component societies; or

(3) Any person who contracts with a veterinary practitioner to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the veterinary practitioner.

(c) For purposes of this section, a veterinary review committee has the following powers and duties:

(1) To evaluate and seek to improve the quality of veterinary care that is provided by veterinary practitioners;

(2) To evaluate the need for and the level of performance of veterinary care that is provided by veterinary practitioners; or

(3) To evaluate and provide assistance to any veterinary practitioner who is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(d) Except as otherwise provided in the section, the proceedings, records, and files of a veterinary review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the veterinary review committee.

(e) Subsection (d) of this section does not apply to:

(1) A civil action brought by a party who claims to be aggrieved by a decision of the veterinary review committee; or

(2) Any record or document that:

(i) Is considered by a veterinary review committee; and

(ii) Otherwise would be subject to discovery and introduction into evidence in a civil trial.

(f) A person who acts in good faith and within the scope of jurisdiction of a veterinary review committee is not civilly liable for:

(1) Any action as a member of the veterinary review committee; or

(2) Giving information to, participating in, or contributing to the function of the veterinary review committee.
Md. Code, State Personnel and Pensions § 2-514 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-514
§2–514.
Status: in_force

(a) In addition to regular open enrollment periods, the Program shall provide special open enrollment for health insurance benefit options established under the Program for a nonparticipating State employee after the death of a spouse who was not a State employee.

(b) Evidence of insurability may not be required under this section if the State employee was covered under a group health insurance policy at the time of the death of the employee's spouse.
Md. Code, Transportation § 2-608 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-608
§2–608.
Status: in_force

(a) In this section, “Program” means the Kim Lamphier Bikeways Network Program.

(b) There is a Kim Lamphier Bikeways Network Program in the Department.

(c) The purpose of the Program is to provide grant support for bicycle network development activities.

(d) The Department shall establish application and eligibility criteria for the Program.
Md. Code, Agriculture § 2-515 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-515
§2–515.
Status: in_force

(a) (1) Subject to the provisions of paragraph (2) of this subsection, this subtitle does not prohibit an agency of the State or of a county or other governmental authority from acquiring by condemnation land which is under an agricultural preservation easement held by the Foundation or a county agricultural land preservation program if such acquisition is for a public purpose.

(2) (i) In this paragraph, “economic or residential development” does not include:

1. Roads or bridges;

2. Water lines or pipelines;

3. Sewer lines or pipelines;

4. Power transmission lines or natural gas pipelines; or

5. Stormwater or drainage facilities.

(ii) If the purpose of the condemnation of land under a Foundation easement is either for economic or residential development or parkland, the acquisition of the land shall be subject to approval by the Board of Public Works after review and recommendation of the Foundation.

(iii) The condemning authority shall demonstrate that:

1. A greater public purpose exists than that served by the Foundation easement; and

2. There is no reasonable alternative site.

(b) (1) This subsection applies only to an agricultural land preservation easement:

(i) Acquired by a county land preservation program on or before June 30, 2018; or

(ii) Approved for purchase by the Board of Public Works on or before June 30, 2018, and held by the Foundation.

(2) In the event of condemnation of land under an agricultural preservation easement held by the Foundation, the condemning authority, whether State, county, or other authority, shall pay:

(i) To the landowner the full amount to which the landowner would be entitled if the land was not under easement, less any amount paid to the Foundation, a county agricultural land preservation program, or other entity under item (ii) of this paragraph; and

(ii) To the Maryland Agricultural Land Preservation Fund, a county agricultural land preservation program, or any other entity contributing payment for the original easement purchase, an amount equal to any amount paid by the Foundation, a county agricultural land preservation program, or other entity for the easement.

(3) If a part or all of the property is acquired by the exercise of the power of eminent domain, the fair market value of the property is not affected by its having been qualified for a tax credit under § 9–206 of the Tax – Property Article except that there shall be deducted from fair market value the lesser of:

(i) The value of the easement granted; or

(ii) The excess of the aggregate amount of the property taxes that would have been due on the property if the easement had not been granted above the aggregate amount of property taxes actually paid on the property since the easement was granted.

(4) If the Foundation or a county agricultural land preservation program purchases the easement for a monetary consideration, other than or in addition to, the tax credit, the condemnation award shall be further reduced by an amount equal to the additional consideration.

(c) (1) This subsection applies only to an agricultural land preservation easement:

(i) Acquired by the Foundation by donation on or after July 1, 2018; or

(ii) Approved for purchase by the Board of Public Works on or after July 1, 2018, and held by the Foundation.

(2) In the event of condemnation of land under an agricultural preservation easement, the condemning authority, whether State, county, or other authority, shall pay:

(i) To the landowner the full amount to which the landowner would be entitled if the land was not under easement, less any amount paid to the Foundation under item (ii) of this paragraph; and

(ii) To the Maryland Agricultural Land Preservation Fund an amount equal to the fair market value of the easement, which shall be determined by a qualified appraisal that establishes the ratio of the value of the easement interest to the value of the fee simple interest in the land as of the date of condemnation.

(3) If an easement was originally purchased with funds contributed by entities other than the Foundation, the Foundation shall distribute to the contributing entity a portion of the fair market value compensation in proportion to the percentage of the original easement purchase price contributed by the entity.
Md. Code, Business Occupations and Professions § 2-201 — MD Code / Article gbo / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

There is a State Board of Public Accountancy in the Department.
Md. Code, State Government § 2-1233 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1233
§2–1233.
Status: in_force

(a) With the approval of the Executive Director, the Director may appoint a Deputy Director and other professional staff and contract with consultants as authorized representatives.

(b) The Deputy Director:

(1) has the duties delegated by the Director; and

(2) may be designated by the Executive Director to act as Director if the office is vacant or the Director is unable to perform the duties of office.
Md. Code, Health - General § 2-601 — MD Code / Article ghg / Title 2 / Subtitle 6 / Section 2-601
§2–601.
Status: in_force

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

(b) (1) “Claim” means a request or demand, under a contract or otherwise, for money or other property, whether or not the State has title to the money or property, that is:

(i) Presented through a State health plan or a State health program to an officer, employee, or agent of the State; or

(ii) Made to a contractor, grantee, or other recipient, if the money or other property is to be spent or used on the State’s behalf or to advance a State interest through a State health plan or State health program, and the State:

1. Provides or has provided any portion of the money or other property requested or demanded; or

2. Will reimburse the contractor, grantee, or other recipient for any portion of the money or other property that is requested or demanded.

(2) “Claim” does not include requests or demands for money or other property that the State through a State health plan or State health program has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual’s use of the money or other property.

(c) “Documentary material” includes:

(1) The original or a copy of:

(i) A book;

(ii) A record;

(iii) A report;

(iv) A memorandum;

(v) A paper;

(vi) A communication;

(vii) A tabulation;

(viii) A chart;

(ix) A document; or

(x) Data compilation stored in or accessible through a computer or other information retrieval system, including instructions and all other materials necessary to use or interpret the data compilation; and

(2) Any product of discovery, including:

(i) The original or duplicate of any deposition, interrogatory, document, thing, result of an inspection of land or other property, examination, or admission that is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;

(ii) Any digest, analysis, selection, compilation, or derivation of any item listed in item (i) of this item; and

(iii) Any index or other manner of access to any item listed in item (i) of this item.

(d) “Employee” means an individual who performs services:

(1) For and under the control and direction of an employer; and

(2) Under an employer’s promise or implied promise of payment of wages or other remuneration.

(e) “Employer” means a person or group of persons who, acting directly or indirectly on behalf of another person or group of persons:

(1) Allows an employee to perform services under the employer’s control and direction; and

(2) Promises or implies that the employee will receive wages or other remuneration in payment for the performance of those services.

(f) (1) “Knowing” or “knowingly” means, with respect to information and without requiring proof of specific intent to defraud, that a person:

(i) Has actual knowledge of the information;

(ii) Acts in deliberate ignorance of the truth or falsity of the information; or

(iii) Acts in reckless disregard of the truth or falsity of the information.

(2) “Knowing” or “knowingly” does not mean, with respect to information, that a person acts in a manner that constitutes mistake or negligence.

(g) “Material” means having a natural tendency to influence or be capable of influencing the payment or receipt of money or other property.

(h) “Obligation” means an established duty, whether or not fixed, arising from:

(1) An express or implied:

(i) Contractual relationship;

(ii) Grantor–grantee relationship; or

(iii) Licensor–licensee relationship;

(2) A fee–based or similar relationship;

(3) Statute or regulation; or

(4) The retention of an overpayment.

(i) “Provider” has the meaning stated in § 2–501 of this title.

(j) “Public body” means:

(1) The General Assembly or any other elected body;

(2) A member or an employee of the General Assembly or other elected body;

(3) A State court;

(4) A member or an employee of a State court;

(5) A State or local regulatory, administrative, or public agency or authority;

(6) An instrumentality of a State or local regulatory, administrative, or public agency or authority;

(7) A State or local law enforcement agency, prosecutorial office, or police or peace officer;

(8) A State or local department of an executive branch of government; or

(9) A division, board, bureau, office, committee, or commission of any of the public bodies listed in this subsection.

(k) “Retaliatory action” means:

(1) Discharging, suspending, demoting, threatening, harassing, or discriminating against an employee, contractor, or agent; or

(2) Any other adverse action taken against an employee, contractor, or agent relating to the conditions of employment, contract, or agency.

(l) (1) “State health plan” means:

(i) The State Medical Assistance Plan established in accordance with the federal Social Security Act of 1939, as amended;

(ii) A medical assistance plan established by the State; or

(iii) A private health insurance carrier, health maintenance organization, managed care organization as defined in § 15–101 of this article, health care cooperative or alliance, or another person that provides or contracts to provide health care services that are wholly or partially reimbursed by, or are a required benefit of, a health plan established in accordance with the federal Social Security Act of 1939, as amended, or by the State.

(2) “State health plan” includes a person who provides or contracts or subcontracts to provide health care services for an entity described in paragraph (1) of this subsection.

(m) “State health program” means the Medical Assistance Program, the Cigarette Restitution Fund Program, the Developmental Disabilities Administration, the Behavioral Health Administration, the Prevention and Health Promotion Administration, or any other unit of the Department that pays a provider for a service rendered or claimed to have been rendered to a recipient.

(n) “Supervisor” means an individual within an employer’s organization who has the authority to:

(1) Direct and control the work performance of an employee; or

(2) Take corrective action regarding the violation of a law or regulation that is the subject of a complaint or charge under this subtitle.
Md. Code, Health Occupations § 2-4A-21 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-21
§2–4A–21.
Status: in_force

(a) In this section, “music therapist rehabilitation committee” means a committee of the Board that:

(1) Is recognized by the Board;

(2) Includes music therapists; and

(3) Evaluates and provides assistance to any music therapist in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(b) The music therapist rehabilitation committee may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(c) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the music therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the music therapist rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the music therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(d) An individual who acts in good faith and within the scope of jurisdiction of the music therapist rehabilitation committee is not civilly liable for any action as a member of the music therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the music therapist rehabilitation committee.
Md. Code, Corporations and Associations § 2-215 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-215
§2–215.
Status: in_force

(a) A stockholder or subscriber for stock of a corporation is not obligated to the corporation or its creditors with respect to the stock, except to the extent that:

(1) The subscription price or other agreed consideration for the stock has not been paid; or

(2) Liability is imposed under any other provision of this article.

(b) The following persons are not personally liable to the corporation or its creditors for the unpaid portion of the consideration due for stock:

(1) A transferee or assignee who acquires stock or a subscription for stock in good faith and without knowledge or notice of the nonpayment;

(2) A person who holds the stock as a fiduciary, although the estate in his hands is liable; and

(3) A pledgee or other person who holds stock as security.

(c) The liability imposed by this section may be enforced only by:

(1) The corporation; or

(2) Its receiver or other person winding up its affairs.
Md. Code, State Government § 2-1212 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1212
§2–1212.
Status: in_force

(a) There is an Office of Operations and Support Services in the Department.

(b) The head of the Office is the Director.
Md. Code, Agriculture § 2-502 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

There is a Maryland Agricultural Land Preservation Foundation in the Department. The Foundation has the powers and duties provided in this subtitle.
Md. Code, Criminal Procedure § 2-203 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) A police officer without a warrant may arrest a person if the police officer has probable cause to believe:

(1) that the person has committed a crime listed in subsection (b) of this section; and

(2) that unless the person is arrested immediately, the person:

(i) may not be apprehended;

(ii) may cause physical injury or property damage to another; or

(iii) may tamper with, dispose of, or destroy evidence.

(b) The crimes referred to in subsection (a)(1) of this section are:

(1) manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article;

(2) malicious burning under § 6–104 or § 6–105 of the Criminal Law Article or an attempt to commit the crime;

(3) malicious mischief under § 6–301 of the Criminal Law Article or an attempt to commit the crime;

(4) a theft crime where the value of the property or services stolen is less than $1,000 under § 7–104 or § 7–105 of the Criminal Law Article or an attempt to commit the crime;

(5) the crime of giving or causing to be given a false alarm of fire under § 9–604 of the Criminal Law Article;

(6) indecent exposure under § 11–107 of the Criminal Law Article;

(7) a crime that relates to controlled dangerous substances under Title 5 of the Criminal Law Article or an attempt to commit the crime;

(8) the wearing, carrying, or transporting of a handgun under § 4–203 or § 4–204 of the Criminal Law Article;

(9) carrying or wearing a concealed weapon under § 4–101 of the Criminal Law Article;

(10) prostitution and related crimes under Title 11, Subtitle 3 of the Criminal Law Article; and

(11) violation of a condition of pretrial or posttrial release under § 5–213.1 of this article.
Md. Code, Land Use § 2-101 — MD Code / Article glu / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

A local jurisdiction may establish by local law a planning commission with the powers and duties set forth in this division.
Md. Code, Insurance § 2-304 — MD Code / Article gin / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) To carry out the Program, the Commissioner may employ a staff in accordance with the State budget.

(b) The Commissioner may designate a member of the staff of the Program to represent the interests of consumers in any Administration proceeding that is open to the public, including:

(1) an informational hearing; and

(2) a hearing or review of insurance rates or forms.
Md. Code, Courts and Judicial Proceedings § 2-318 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-318
§2–318.
Status: in_force

(a) This section applies only in Calvert County.

(b) (1) The Sheriff of Calvert County shall receive an annual salary:

(i) Of $90,480 for calendar year 2018; and

(ii) Beginning in calendar year 2019, equal to the salary of a Department of State Police lieutenant colonel, class code 5905 (grade 13, step 12).

(2) (i) On or after January 1, 2011, the County Commissioners of Calvert County may pay to the Sheriff additional compensation equal to the amount of contributions the County Commissioners would have made to the Calvert County Employees’ Savings Plan on behalf of the Sheriff for the years of service the Sheriff accrued as the Sheriff prior to joining the Calvert County Employees’ Savings Plan.

(ii) The amount payable in subparagraph (i) of this paragraph may be made in one or more payments as deemed appropriate by the County Commissioners.

(c) (1) The Sheriff may appoint deputy sheriffs and correctional deputies in the number and at the salary approved by the County Commissioners or prescribed in a collective bargaining agreement, as applicable, provided that any additional funding required due to the collective bargaining agreement is subject to approval by the County Commissioners.

(2) (i) Deputy sheriffs and correctional deputies shall serve under the direction of the Sheriff.

(ii) Within 1 year of appointment, a deputy sheriff or correctional deputy shall complete the course prescribed for police officers or correctional deputies by the Maryland Police and Correctional Training Commissions.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a deputy sheriff or correctional deputy funded by the County Commissioners will become a merit system employee of the Calvert County Sheriff’s Office on completion of the deputy sheriff’s or correctional deputy’s initial probation period and may not be dismissed without cause.

2. A deputy sheriff or correctional deputy funded through grants or other sources may be dismissed without cause when the funding source is depleted.

(iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, there may be no honorary deputy sheriffs of the county and no one is authorized to carry badges, certificates, or other materials for the purpose of identifying the bearer as an honorary deputy sheriff.

2. A. The Sheriff may appoint as special deputy sheriffs any members of the police force of the towns of North Beach or Chesapeake Beach who shall have all of the powers and authority of the deputy sheriffs.

B. The County Commissioners are authorized to reimburse the towns of North Beach and Chesapeake Beach in whole or in part for services performed by the special deputy sheriffs outside the town limits.

(d) (1) The Sheriff may appoint one full–time assistant sheriff who shall:

(i) Serve under the direction of the Sheriff; and

(ii) Be designated by the Sheriff as a line officer.

(2) The Sheriff shall appoint an individual to serve as the assistant sheriff who:

(i) Is an active duty deputy sheriff and holds the rank of a commissioned officer in the Sheriff’s Office; or

(ii) Is not a current employee of the Sheriff’s Office.

(3) (i) The appointment of the assistant sheriff is in the sole discretion of the Sheriff.

(ii) The Sheriff may appoint the assistant sheriff without subjecting the candidate to a written examination.

(iii) The assistant sheriff serves at the pleasure of the Sheriff.

(4) (i) If the assistant sheriff was an active duty deputy sheriff in the Sheriff’s Office immediately before appointment, the assistant sheriff:

1. Shall receive an annual salary set on appointment and each fiscal year thereafter as provided in the Sheriff’s budget approved and adopted by the County Commissioners;

2. Shall retain full merit status; and

3. At the end of an appointment, shall be placed at the highest rank on the approved Calvert County Deputy Sheriff Pay Scale and shall receive the salary reflected at the highest step within that highest rank.

(ii) If the assistant sheriff was not an employee of the Sheriff’s Office immediately before appointment, the assistant sheriff:

1. Shall receive an annual salary that is established through a mutual agreement between the Sheriff and the County Commissioners;

2. Shall be afforded all the benefits available to full–time employees in the Sheriff’s Office; and

3. May not be given merit status.

(iii) The annual salary set by the County Commissioners under subparagraph (i)1 of this paragraph:

1. Shall include the same cost of living adjustment, if any, approved by the County Commissioners for county merit employees; and

2. May not be reduced from the prior fiscal year without cause.

(iv) The Sheriff may negotiate the salary of the assistant sheriff set by the County Commissioners under subparagraph (i)1 of this paragraph.

(e) (1) Except as provided in paragraph (2) of this subsection, any Sheriff who, since 1948, has served for three or more terms shall receive a pension when the Sheriff leaves office:

(i) In the annual amount of $150 for each year served; and

(ii) That shall be paid not less frequently than once a month.

(2) This subsection does not apply to a term of office that begins on or after July 1, 1988.

(f) (1) The County Commissioners may provide in their annual budget for a pension to be paid to the surviving spouse, if any, of any Sheriff who was in office as of October 1970.

(2) The pension shall be in the amount of $250 a month and shall be paid to the surviving spouse, if any, for the life of that surviving spouse.

(g) (1) This paragraph applies to an individual who:

(i) On or after July 1, 2008, serves as the Sheriff; and

(ii) As the Sheriff does not participate in the Employees’ Pension System under Title 23 of the State Personnel and Pensions Article.

(2) An individual described in paragraph (1) of this subsection may participate in the Calvert County Employees’ Savings Plan.

(h) (1) This subsection applies only to all full–time deputy sheriffs and correctional deputies in the Calvert County Sheriff’s Office at the rank of major and below.

(2) Sworn deputy sheriffs and correctional deputies subject to this subsection may:

(i) Take part or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and employee benefits through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through the exclusive representative, covering those wages and benefits; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement is subject to approval by the County Commissioners.

(4) (i) A labor organization shall be deemed certified as the exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the sworn deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral arbitrator to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the sworn deputy sheriffs and correctional deputies with the rank of major and below.

(iv) The costs associated with the American Arbitration Association and the third–party neutral arbitrator shall be shared equally by the parties.

(5) (i) Following the certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.

(iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget.

(6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration or grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining process.

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of votes cast by the members in the bargaining unit, the Sheriff, and the County Commissioners.

(v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners.

(vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations.

(vii) An agreement is not valid if it extends for less than 1 year or more than 4 years.

(7) This subsection may not be construed as authorizing or otherwise allowing a correctional deputy to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.
Md. Code, State Government § 2-1208 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1208
§2–1208.
Status: in_force

(a) The staff and facilities of the Department shall be available to prepare fiscal, legal, and policy reports for and otherwise help:

(1) any standing committee;

(2) any statutory committee;

(3) any special committee of the Legislative Policy Committee; and

(4) with the consent of the President and the Speaker, any joint legislative and executive body that the Governor appoints.

(b) The Executive Director shall assign, to the staff of the Department or to a special research or consulting agency, the preparation of any fiscal, legal, or policy report that the Legislative Policy Committee or a standing committee requests.
Md. Code, Business Occupations and Professions § 2-308 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for:

(1) a certified public accountant licensed by another state; or

(2) the holder of a license, certificate, or degree that is issued by another country and is recognized as authority for the holder to practice public accountancy in that country in a manner comparable to practicing certified public accountancy in this State.

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

(1) is of good character and reputation;

(2) is at least 18 years of age;

(3) pays to the Board:

(i) a nonrefundable application fee set by the Board; and

(ii) a license fee set by the Board; and

(4) provides adequate evidence that the applicant has met educational, examination, and experience requirements that are:

(i) substantially equivalent to those required by the laws of this State;

(ii) substantially equivalent to those required by the laws of the State at the time the applicant was licensed in another state; or

(iii) after passing the Uniform Certified Public Accountancy Examination, has obtained 4 years of practical work experience, as defined in § 2–302(f) of this subtitle, within the last 10 years immediately preceding submission of the application.

(c) (1) For the purposes of this subtitle, “substantial equivalency” means a determination made by the Board or its designee that:

(i) the education, examination, and experience requirements contained in the laws or administrative rules of another jurisdiction are comparable to, or exceed, the education, examination, and experience requirements contained in the Uniform Accountancy Act; or

(ii) an individual’s education, examination, and experience are comparable to or exceed the education, examination, and experience requirements contained in the Uniform Accountancy Act.

(2) In determining substantial equivalency, the Board shall take into account an individual’s qualifications without regard to the sequence in which the education, examination, or experience requirements are met.
Md. Code, Correctional Services § 2-403 — MD Code / Article gcs / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

(a) A correctional unit may enter into or renew a mutual aid agreement with any other correctional unit in accordance with this section.

(b) (1) Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage, personal injury, or wrongful death that arises out of the mutual aid activities, including travel, of the party that provides assistance outside of the party’s own jurisdiction.

(2) The party that requests assistance need not indemnify the party that provides assistance if:

(i) the party that provides assistance does not cooperate in defending against a claim made by a third party; or

(ii) the claim by a third party arises out of a malicious act of the party that provides assistance.

(c) Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party that occur outside its own jurisdiction under the mutual aid agreement.
Md. Code, Commercial Law § 2A-403 — MD Code / Article gcl / Title 2A / Subtitle 4 / Section 2A-403
§2A–403.
Status: in_force

(1) Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party’s position or otherwise indicated that the aggrieved party considers the repudiation final.

(2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under § 2A-401.

(3) Retraction reinstates a repudiating party’s rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Md. Code, Agriculture § 2-103.1 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-103.1
§2–103.
Status: in_force

§2–103.1.

(a) The Secretary may establish a farm quarantine and issue appropriate orders necessary to control or restrict the use of farmland, crops, livestock, poultry, or a farm product existing on a farm that:

(1) Has been exposed to or contaminated by a radiological or chemical toxic material or agent; or

(2) Is infected or infested with a disease, pest, or pathogen.

(b) Before establishing a quarantine for a farm, the Secretary shall consult with the Governor, the Secretary of Health, and the Secretary of the Environment on issues of human health and the environment.

(c) Before a quarantine or order issued under this section takes effect, the Secretary shall give reasonable notice of the quarantine or order:

(1) In a newspaper of general circulation in the quarantine area;

(2) Through television or radio serving the quarantine area;

(3) By circulating notices or posting signs at conspicuous places in the quarantine area; or

(4) By notifying each landowner, tenant, or animal owner of the quarantine or order.

(d) (1) The Secretary shall establish procedures to allow a landowner, tenant, or animal owner to request the amendment, rescission, or termination of a quarantine or order issued under this section.

(2) A request to amend, rescind, or terminate a quarantine or order issued under this section may not suspend a quarantine or order of the Secretary.

(e) For the purpose of controlling or restricting the use of farmland, crops, livestock, poultry, or farm products as provided by this section, the Secretary may:

(1) Quarantine a farm area of the State known or reasonably believed to contain a farm product, crops, livestock, poultry, or farmland in an infected, infested, or contaminated condition;

(2) Regulate the movement, distribution, sale, or transportation of a crop, livestock, poultry, or farm product when it is reasonably likely to transfer infestation, infection, or contamination;

(3) Regulate or prohibit the on–farm grazing of livestock and poultry, slaughter and processing of livestock and poultry, packing of eggs, and harvesting or planting of a crop in a quarantined area when the Secretary determines that the action may prevent, limit, control, or eradicate any threat;

(4) Direct as part of a quarantine order for a quarantined farm area, treatments or decontamination;

(5) Enter private land that is part of a farm operation to inspect, sample, or test soil or crops, livestock, poultry, or a farm product on a farm; and

(6) Direct the treatment, stop–sale, detention, condemnation, seizure, or destruction of any crop, livestock, poultry, or farm product when the Secretary knows or reasonably believes that the action is necessary to control, retard, or eradicate a threat on a farm.

(f) A person may not resist the application of a quarantine or order of the Secretary.

(g) A person may not conceal the fact that a farm has been exposed to or contaminated by any radiological or chemical agent or toxic material or has been infected or infested with any disease, pest, or pathogen.

(h) Any farm quarantine or order by the Secretary under this section may provide for:

(1) The imposition of a civil penalty not exceeding $10,000 for each violation; and

(2) The method and conditions of collecting the civil penalty.

(i) (1) The Secretary may bring an action for an injunction against a person violating the provisions of this section, or violating a valid order or farm quarantine issued by the Secretary.

(2) In an action for an injunction brought under this section, a finding of the Secretary after a hearing shall be prima facie evidence of each fact found.

(3) On a showing by the Secretary that a person is violating or is about to violate the provisions of this section or is violating or is about to violate any valid order or quarantine issued by the Secretary, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.

(4) In circumstances of an emergency creating conditions of imminent danger to agriculture, public health and safety, or the environment, the Secretary may institute an action for an immediate injunction to halt any activity causing the danger.

(5) An injunction instituted under this section shall be issued without bond.

(j) The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any farm quarantine or order of the Secretary.

(k) Nothing in this section shall be construed to limit any authority of the Secretary of the Environment under § 8–105 of the Environment Article.
Md. Code, Corporations and Associations § 2-113 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: reserved

(a) The charter or bylaws of a corporation with capital stock may not impose liability on a stockholder who is a party to an internal corporate claim for the attorney’s fees or expenses of the corporation or any other party in connection with an internal corporate claim.

(b) (1) Except as provided in paragraph (2) of this subsection, the charter or bylaws of a corporation may require, consistent with applicable jurisdictional requirements, that any internal corporate claim be brought only in:

(i) Specified circuit courts of the State or a federal court sitting in the State; or

(ii) 1. Courts sitting in one or more specified jurisdictions outside the State; and

2. Specified circuit courts of the State or a federal court sitting in the State.

(2) (i) This paragraph does not apply to a provision contained in the charter or bylaws of a corporation on October 1, 2017, unless and until the provision is altered or repealed by an amendment to the charter or bylaws of the corporation, as applicable.

(ii) The charter or bylaws of a corporation may not prohibit bringing an internal corporate claim in the courts of this State or a federal court sitting in this State.
Md. Code, General Provisions § 2-103 — MD Code / Article ggp / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

If an oath is required by the Code, an affirmation is sufficient if made by an individual conscientiously scrupulous of taking an oath.
Md. Code, Corporations and Associations § 2-707 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-707
§2–707.
Status: in_force

(a) Nothing in this subtitle may be construed to require that ratification of a defective corporate act under this subtitle be the exclusive means of ratifying or validating a defective corporate act or to limit the right of a corporation to file certificates or charter documents in accordance with any other provision of this article.

(b) The absence or failure of ratification in accordance with this subtitle shall not, of itself, affect the validity or effectiveness of any corporate act otherwise lawfully ratified, nor may it create a presumption that any corporate act is or was a defective corporate act or void or voidable.
Md. Code, Public Utilities § 2-116 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

(a) (1) As it considers desirable, the Commission may conduct proceedings on proposed amendments to any law that, in the judgment of the Commission, would affect the public interest in any aspect of the business of a public service company.

(2) On request of the Governor, the General Assembly, or either house of the General Assembly, the Commission shall conduct proceedings on proposed amendments to any law that, in the judgment of the Commission, would affect the public interest in any aspect of the business of a public service company.

(b) (1) The Commission may recommend or prepare legislation on any matter within or related to the jurisdiction of the Commission.

(2) If a proceeding under this section was held on request, subject to § 2-1257 of the State Government Article, the Commission shall report its conclusions to the person or body who requested the proceeding.
Md. Code, Estates and Trusts § 2-108 — MD Code / Article get / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) (1) Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law.

(2) Unless otherwise provided, the compensation shall be paid in monthly installments.

(3) Mileage or travel expenses may not be allowed to a judge for attending sessions of the judge’s court except as specifically provided.

(b) (1) Each of the judges of the Court for Allegany County shall receive an annual salary set by the County Commissioners in accordance with Title 28, Subtitle 1 of the Local Government Article.

(2) Each judge shall also receive an expense allowance in the amount of $600 annually, to be paid at the rate of $50 monthly.

(c) (1) Each of the judges of the Court for Anne Arundel County shall receive an annual compensation as set by the County Executive and the County Council.

(2) Each judge shall also receive an expense allowance up to $150 per month for personal expenses incidental to the judge’s duties, to be paid by the Comptroller of Anne Arundel County each month on presentation of an itemized voucher in accordance with rules and regulations prescribed by the Comptroller.

(d) (1) (i) Each judge of the Court of Baltimore City shall receive an annual compensation as determined by the Mayor and City Council of Baltimore City.

(ii) Each judge who was in active service on or after January 1, 1984, shall be paid after the termination of active service, if the judge is then at least 60 years of age or when the judge shall attain 60 years of age, a pension or salary as determined by the Mayor and City Council of Baltimore City.

(2) (i) The surviving spouse of every elected judge of the Court of Baltimore City shall be paid one–half of the pension to which the judge’s spouse was entitled at the time of the judge’s death, or would have become entitled to by reason of attaining 60 years of age.

(ii) In each instance, the pension shall be paid to the spouse until remarriage or death.

(iii) The provisions of this subsection shall not apply in the case of a spouse who was married to a sitting judge for a period of less than 3 years before the judge’s death, and to a retired judge for a period less than 3 years before the judge’s retirement.

(e) Each of the judges of the Court for Baltimore County shall receive an annual compensation as set by the County Executive and the County Council in accordance with Article 4 of the Baltimore County Code.

(f) (1) Each of the judges of the Court for Calvert County shall receive as annual compensation the sum of $8,925.

(2) The salary of the Chief Judge is $9,130.

(3) The County Commissioners may provide additional funds for expenses for the judges.

(g) Each of the judges of the Court for Caroline County shall receive an annual salary as determined by the County Commissioners, but not less than $5,000.

(h) (1) Each of the judges of the Court for Carroll County shall receive an annual compensation of $15,000, to be paid monthly.

(2) The annual salary of the Chief Judge is $16,500, to be paid in equal monthly installments.

(3) Each judge and the Chief Judge shall also be allowed $200 annually for traveling expenses, payable quarterly.

(i) (1) Each of the judges of the Court for Cecil County shall receive an annual compensation of:

(i) $5,500 for fiscal year 2015;

(ii) $6,500 for fiscal year 2016;

(iii) $7,500 for fiscal year 2017; and

(iv) $8,750 for fiscal year 2018 and each subsequent fiscal year.

(2) Each judge shall also receive an allowance for traveling expenses of $1,500 annually, to be paid quarterly by the county.

(j) (1) The annual salary for each judge of the Court for Charles County is:

(i) $12,000 for calendar year 2018;

(ii) $12,250 for calendar year 2019;

(iii) $12,500 for calendar year 2020;

(iv) $12,750 for calendar year 2021; and

(v) $13,000 for calendar year 2022 and each subsequent calendar year.

(2) Beginning in calendar year 2019, the Chief Judge shall receive an additional $500 annually.

(3) Each judge is entitled to $500 each year for travel expenses, payable quarterly.

(k) (1) Each of the judges of the Court for Dorchester County shall receive an annual salary as determined by the County Council, but not less than $6,000.

(2) Each judge shall also receive an expense allowance as determined by the County Council, but not less than $1,000 annually.

(l) (1) The Chief Judge of the Court for Frederick County shall receive an annual compensation of $11,000.

(2) Each of the associate judges of the Court for Frederick County shall receive an annual compensation of $10,000.

(3) Each judge also shall receive reimbursement for expenses actually incurred in the performance of duties, up to $700 per year, to be paid by the Board of County Commissioners each month on presentation of an itemized voucher.

(m) (1) Each of the judges of the Court for Garrett County shall receive an annual salary set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(2) (i) Each judge shall be reimbursed for traveling to and from the sessions of the Court at the rate Garrett County pays for mileage.

(ii) Each judge shall also receive an amount for expenses for every day’s attendance on the sessions of the Court set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(n) (1) Each associate judge of the Court for Howard County shall receive an annual compensation, to be paid monthly, of:

(i) $12,000 for fiscal year 2019;

(ii) $14,000 for fiscal year 2020;

(iii) $16,000 for fiscal year 2021; and

(iv) $18,000 for fiscal year 2022.

(2) The Chief Judge shall receive an annual compensation, to be paid monthly, of:

(i) $13,500 for fiscal year 2019;

(ii) $15,500 for fiscal year 2020;

(iii) $17,500 for fiscal year 2021; and

(iv) $19,500 for fiscal year 2022.

(3) Each judge shall also receive an expense allowance, in addition, up to $50 per month, for personal expenses incidental to the judge’s duties, to be paid by the Treasurer of Howard County each month on presentation of an itemized voucher.

(o) (1) Each of the judges of the Court for Kent County shall receive a salary as set by the County Commissioners.

(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the county budget.

(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(p) Each judge of the Court for Prince George’s County shall receive an annual compensation as determined by the County Executive and County Council.

(q) (1) Each of the judges of the Court for Queen Anne’s County shall receive a salary as set by the County Commissioners.

(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the County budget.

(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(r) (1) The Chief Judge of the Court for St. Mary’s County shall receive an annual salary of $11,000, with a 1.5% annual increase.

(2) Each associate judge of the Court for St. Mary’s County shall receive an annual salary of $10,000, with a 1.5% annual increase.

(3) In addition, each judge shall:

(i) Receive annually $150 for each year served; and

(ii) Be allowed $1,000 annually for traveling expenses, payable quarterly.

(s) (1) The Chief Judge of the Court for Somerset County shall receive an annual salary of $5,200 to be paid quarterly.

(2) Each of the associate judges of the Court for Somerset County shall receive an annual salary of $4,800 to be paid quarterly.

(3) Each judge shall also receive a daily allowance for traveling expenses of $55 for every day’s attendance on the sessions of the Court.

(t) Each of the judges of the Court for Talbot County shall receive a salary as set by the County Council.

(u) (1) As compensation each of the judges of the Court for Washington County shall receive an annual compensation as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.

(2) The County Commissioners may provide for an expense allowance as the County Commissioners determine.

(v) (1) Each judge of the Court for Wicomico County shall receive an annual salary of $11,600 to be paid quarterly.

(2) Each judge shall also receive an annual allowance for traveling expenses of $1,560 to be paid quarterly.

(w) (1) The Board of County Commissioners of Worcester County shall determine the compensation for judges of the Court for Worcester County but the compensation may not be less than the sum of $30 for every day’s attendance on the sessions of the Court.

(2) The judges shall also receive an allowance for traveling expenses of $1,600 annually.

(x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen Anne’s, Garrett, and Harford counties and Baltimore City, and except as otherwise provided in this subsection, a county shall pay a pension, in the same manner as salaries are paid during active service, to each judge of the Orphans’ Court who:

(i) Has terminated active service;

(ii) Has reached 60 years of age; and

(iii) Has completed at least two terms of office.

(2) Except as provided in this section, the salary or pension shall be the greater of:

(i) $1,200 annually; or

(ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 12 years.

(3) An Orphans’ Court judge in Somerset County and Worcester County is eligible for a pension under this subsection only if the judge is in office on or before July 1, 1979.

(4) In Wicomico County, an Orphans’ Court judge who has completed at least 12 years in office is eligible for a pension under this subsection.

(5) In Prince George’s County, the salary or pension to each Orphans’ Court judge shall be the greater of:

(i) $1,200 annually; or

(ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 20 years.

(6) In Allegany County, the pension for an Orphans’ Court judge shall be the greater of:

(i) $1,200 annually; or

(ii) 1. Except as provided in item 2 of this subparagraph, an annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service, not exceeding 24 years; or

2. An annual amount equal to two–thirds of the last annual amount of compensation if the judge has more than 16 years of service.

(7) (i) This paragraph applies only in Baltimore County.

(ii) An Orphans’ Court judge is eligible for a pension under this subsection only if the judge was in office on or after January 1, 2022.

(iii) The pension shall be the greater of:

1. $1,200 annually; or

2. An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service beginning on or after January 1, 2022, not exceeding 24 years.

(iv) 1. Subject to subsubparagraph 2 of this subparagraph and except as provided in subsubparagraph 3 of this subparagraph, a surviving spouse of an Orphans’ Court judge shall be paid one–half of the pension to which the judge was entitled at the time of the judge’s death, or would have been entitled on attaining 60 years of age.

2. A pension shall be paid to a surviving spouse until the surviving spouse’s death or remarriage.

3. A surviving spouse is not entitled to a pension if the surviving spouse was married to an active or retired judge for a period of less than 3 years before the active judge’s death or the retired judge’s retirement.

(v) The County Council shall establish, by law:

1. Requirements for an Orphans’ Court judge to contribute to the pension system;

2. Procedures and requirements for purchasing eligibility service credit; and

3. Any other provisions necessary to carry out this paragraph.

(8) The pension or salary may be suspended during any month the judge is a full–time employee of any county or of this State.

(9) Notwithstanding any provision of this section an Orphans’ Court judge may not receive a pension under this section if the judge is receiving any other State pension based on service as an Orphans’ Court judge.
Md. Code, Courts and Judicial Proceedings § 2-335 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-335
§2–335.
Status: in_force

(a) In this section, “benefits” means:

(1) Health, dental, and vision insurance;

(2) Pension benefits;

(3) Disability insurance; and

(4) Life insurance.

(b) This section applies only in Washington County.

(c) The Sheriff’s salary is 90% of the salary of the State’s Attorney of Washington County.

(d) The Sheriff shall appoint a chief deputy at a salary level set by the County Commissioners.

(e) (1) In this subsection, “police misconduct” means a pattern, a practice, or conduct by a deputy sheriff that includes:

(i) Depriving a person of rights protected by the Constitution or laws of the State or the United States;

(ii) A violation of a criminal statute; or

(iii) A violation of agency standards and policies of the Washington County Sheriff’s Office.

(2) The Sheriff may appoint deputy sheriffs and other personnel necessary to perform the duties of office at salary levels set by the County Commissioners in accordance with the county’s budgetary process.

(3) (i) Any deputy sheriff appointed according to this subsection:

1. Shall be placed on a probationary status for the first 2 years of the deputy sheriff’s employment; and

2. Except as otherwise provided by law, may be dismissed by the Sheriff for any reason during that probationary period.

(ii) At the conclusion of continuous employment for 2 years, a deputy sheriff having the rank of major or below:

1. Has tenure; and

2. May be discharged by the Sheriff only for police misconduct.

(4) If the Sheriff approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off–duty services for any person who agrees to pay a fee, including hourly rates for off–duty service, any necessary insurance to be determined by the County Commissioners, any fringe benefits, and the reasonable rental cost of uniforms or other equipment used by any off–duty personnel.

(f) (1) The Sheriff may appoint special deputy sheriffs, including members of the police force of a Washington County municipality who are:

(i) Selected by the chief of police of the municipality; and

(ii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission.

(2) The appointment of special deputy sheriffs is subject to the following conditions:

(i) The Sheriff shall assign the special deputy sheriff who is a member of the police force to duties in the municipality where the special deputy sheriff is a member of the police force or to duties in other areas of the county, including:

1. Performing a vehicle traffic stop resulting from the special deputy sheriff’s observation that the operation of the vehicle endangered human life;

2. Stabilizing a traffic situation that is endangering human life;

3. Stabilizing an emergency situation that involves the potential for loss of human life, bodily injury, or damage to property;

4. Responding as an initial responder or an emergency responder after being dispatched by the Washington County Emergency Communications Center to a location outside the special deputy sheriff’s jurisdiction but which the Emergency Communications Center believed was in the special deputy sheriff’s jurisdiction;

5. Responding to an emergency under a Mutual Aid and Assistance Agreement to which a municipality and the Sheriff’s Office are parties and which is in effect at the time of the response or under a mutual aid agreement under § 2–105 of the Criminal Procedure Article if the special deputy sheriff is in compliance with the agreement;

6. Serving on a task force that is jointly operated by a municipal police department and the Sheriff’s Office; or

7. Serving on a special response team that has been activated for a response outside the special deputy sheriff’s jurisdiction;

(ii) The Sheriff may terminate the appointment of the special deputy sheriff for cause or on completion of the assignment for which the special deputy sheriff was appointed;

(iii) The special deputy sheriff is not an employee of the county or the State for the purpose of employment security or employee benefits; and

(iv) County liability insurance may be provided to a special deputy sheriff.

(3) Except as provided in paragraph (2)(i) of this subsection, designation as a special deputy sheriff does not authorize the special deputy sheriff to perform law enforcement duties outside the special deputy sheriff’s jurisdiction.

(4) A special deputy sheriff is under the authority of the Sheriff while the special deputy sheriff is performing duties as a special deputy sheriff.

(g) (1) This subsection applies to all full–time sworn deputy sheriffs in the Washington County Sheriff’s Office at the rank of sergeant and below.

(2) Full–time sworn deputy sheriffs at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and benefits through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Commissioners.

(4) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

(i) 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the sworn deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the sworn deputy sheriffs with the rank of sergeant and below.

(iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties.

(5) (i) Following certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.

(iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget.

(6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the sworn deputy sheriffs in the bargaining unit, the Sheriff, and the County Commissioners.

(v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners.

(vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations.

(vii) An agreement is not valid if it extends for less than 1 year or more than 4 years.

(7) This subsection may not be construed as authorizing or otherwise allowing a sworn deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

(h) (1) This subsection applies to all full–time correctional deputies in the Sheriff’s Office at the rank of sergeant and below.

(2) Full–time correctional deputies at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and benefits through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Commissioners.

(4) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional deputies at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the correctional deputies with the rank of sergeant and below.

(iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties.

(5) (i) Following certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.

(iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget.

(6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional deputies in the bargaining unit, the Sheriff, and the County Commissioners.

(v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners.

(vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations.

(vii) An agreement is not valid if it extends for less than 1 year or more than 4 years.

(7) This subsection may not be construed as authorizing or otherwise allowing a correctional deputy to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.
Md. Code, Tax - General § 2-1303 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1303
§2–1303.
Status: in_force

After making the distributions required under §§ 2–1301 through 2–1302.5 of this subtitle, the Comptroller shall pay:

(1) revenues from the hotel surcharge into the Dorchester County Economic Development Fund established under § 10–130 of the Economic Development Article;

(2) to the Blueprint for Maryland’s Future Fund established under § 5–206 of the Education Article, the following percentage of the remaining sales and use tax revenues:

(i) for fiscal year 2023, 9.2%;

(ii) for fiscal year 2024, 11.0%;

(iii) for fiscal year 2025, 11.3%;

(iv) for fiscal year 2026, 11.7%; and

(v) for fiscal year 2027 and each fiscal year thereafter, 12.1%; and

(3) the remaining sales and use tax revenue into the General Fund of the State.