Md. Code, Education § 23-202.1 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-202.1
§23–202.
Status: in_force

§23–202.1.

(a) There is a governing board for each regional resource center.

(b) (1) Except as provided in paragraph (2) of this subsection, a governing board consists of the following members:

(i) A library trustee from each participating library system; and

(ii) Up to two members of the public from each area served by the participating library systems.

(2) (i) The board of trustees of the Washington County Free Library shall act as the governing board for the Western Maryland Regional Resource Center.

(ii) The bylaws adopted by the board of trustees of the Washington County Free Library shall govern the composition, appointment, qualifications, terms, and structure of the governing board.

(c) A member appointed to a governing board must:

(1) Be of good character;

(2) Have demonstrated ability and interest in library matters; and

(3) Be a resident of one of the counties participating in and being served by the regional resource center.

(d) (1) Subject to paragraph (2) of this subsection, the members of the governing board shall be appointed by the governing board.

(2) The initial members of a governing board shall be appointed by the Regional Advisory Council of the regional resource center.

(e) A member of a governing board:

(1) May not receive compensation as a member of the governing board; but

(2) Is entitled to reimbursement for expenses in accordance with the rules, policies, and bylaws of the regional resource center.

(f) (1) Each member serves for a term of 5 years beginning July 1 immediately following the member’s appointment and until a successor is appointed and qualifies.

(2) A member may not serve for more than two consecutive terms.

(3) (i) The governing board shall appoint a qualified individual to fill any vacancy in the member’s position for the remainder of that term until a successor is appointed and qualifies.

(ii) A member appointed to fill a vacancy under subparagraph (i) of this paragraph may serve for two additional terms.

(g) (1) A governing board shall elect a chair from among its members each year.

(2) A governing board may elect any other officers determined necessary by the board.

(3) If a governing board elects a treasurer, the treasurer shall be appropriately bonded.

(h) (1) A governing board:

(i) Shall determine the time and place of its meetings; and

(ii) May adopt rules for the conduct of its meetings.

(2) A governing board shall meet at least once every 3 months.

(3) A governing board is subject to the Open Meetings Act.

(4) A majority of the appointed members of the governing board is a quorum.

(i) (1) A member of a governing board who fails to attend at least 50% of the scheduled meetings of the board during any consecutive 12–month period shall be considered to have resigned.

(2) If the member has been unable to attend meetings for reasons satisfactory to the governing board, the governing board may waive the resignation.

(3) The chair of a governing board shall report the member’s name and nonattendance to the State Library Board within 45 days after the end of the 12–month period.

(4) The governing board shall fill any vacancy in accordance with subsection (f) of this section.

(j) (1) In addition to the other powers expressly granted and duties imposed by this subtitle, a governing board has the powers and duties set forth in this subsection.

(2) A governing board shall:

(i) Select and appoint, with the advice of the State Librarian, a professional librarian to serve as director of the regional resource center;

(ii) Determine the policies of the regional resource center;

(iii) Adopt reasonable rules and bylaws for the use of the regional resource center and the conduct of its business;

(iv) Approve the regional resource center budget;

(v) In accordance with the regulations and laws of the State, receive, account for, control, and supervise the spending of all public funds received by the regional resource center;

(vi) Adopt and follow a written policy for operation of the regional resource center that is consistent with the State standards for libraries;

(vii) Publish the results of the audit conducted under paragraph (4)(ii) of this subsection; and

(viii) Submit a report to the State Librarian on or before November 1 each year that includes:

1. The amount of money received from the library fund and other sources;

2. Itemized expenses;

3. The number of books and periodicals in the possession of and owned by the regional resource center;

4. The results of the annual audit; and

5. Any other information required by the State Library Board.

(3) A governing board may:

(i) Apply, accept, and expend any gift, appropriation, or grant from the State, county, or federal government or any other person on behalf of the regional resource center;

(ii) Recommend the purchase, condemnation, rental, acquisition, use, or conveyance of property for any valid purpose under this section;

(iii) Recommend plans for the regional resource centers, including the use of facilities of participating libraries, additions to the facilities of participating libraries, or new facilities separate from the existing facilities of participating libraries;

(iv) Select the location of and approve plans for the erection of regional resource center buildings, subject to the approval of the State Library Board and the Governor;

(v) Make agreements with any person for any library service; and

(vi) Perform any other actions necessary for the proper control and development of the regional resource center.

(4) In addition to other reports that may be required by the State Library Board, the Board shall:

(i) Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles;

(ii) Cause an audit by an independent certified public accountant approved by the State Librarian to be made of the accounts and transactions of the regional resource center at the conclusion of each fiscal year; and

(iii) For any State money, be subject to an audit by the Office of Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government Article.

(k) The governing board may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee for acting in a manner consistent with the regional resource center’s written policy implementing the State standards for libraries.
Md. Code, Alcoholic Beverages and Cannabis § 23-2702 — MD Code / Article gab / Title 23 / Subtitle 27 / Section 23-2702
§23–2702.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–304 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) A license holder or an employee of a license holder may not be found guilty of a violation of § 6–304 of this article if:

(1) the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and

(2) the individual was not a resident of the State.

(c) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, State Personnel and Pensions § 23-218 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-218
§23–218.
Status: in_force

A member who is subject to this Part II of this subtitle shall:

(1) receive an allowance for all creditable service as follows:

(i) for normal service retirement as provided in § 23–401(c) of this title;

(ii) for early service retirement as provided in § 23–402 of this title;

(iii) for ordinary disability retirement as provided in § 29–108 of this article; and

(iv) for accidental disability retirement as provided in § 29–110 of this article;

(2) have the allowance adjusted as provided in §§ 29–401, 29–402, 29–406, and 29–408 of this article; and

(3) make the member contributions at the rate specified in § 23–212(b) of this subtitle.
Md. Code, State Personnel and Pensions § 23-306.1 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-306.1
§23–306.
Status: in_force

§23–306.1.

(a) (1) Except as provided in paragraph (2) of this subsection, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article is entitled to eligibility service for any service on or after January 1, 1986, as an additional employee or agent of the State Racing Commission.

(2) For the purpose of computing benefits under this Division II, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article is entitled to creditable service for service on or after the initial date of employment or July 1, 1991, whichever is later.

(b) If the Board of Trustees determines that the eligibility service and creditable service granted in subsection (a) of this section creates an unfunded liability to the Employees’ Pension System, the licensees of the State Racing Commission shall pay, over a period of 25 years, an amount sufficient to amortize the unfunded liability.
Md. Code, Transportation § 23-103 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-103
§23–103.
Status: in_force

(a) (1) On receipt of an application and a nonrefundable fee established by the Administration from a facility for an inspection station license, the Division shall:

(i) Inspect the facility as to its ability to inspect and correct equipment; and

(ii) If the facility is qualified, issue to it a license as an inspection station.

(2) On receipt of a renewal application and the annual license fee established by the Administration for an inspection station, the Division shall issue the renewal license if the facility is qualified.

(b) The license authorizes the facility to:

(1) Inspect a used vehicle on request of its transferor or transferee;

(2) Inspect the equipment of a vehicle for which a safety equipment repair order has been issued and issue a repair order certification for the vehicle; and

(3) Inspect an ambulance on the request of its owner that is required to be inspected under § 13–515 of the Education Article.

(c) The Division may:

(1) For cause, suspend or revoke an inspection station license; and

(2) On suspension or revocation of the license, require the surrender of the license and all related material issued by the Division.

(d) The Division may establish standards by rule or regulation for the licensing and operation of inspection stations.

(e) The Administration may not set a fee under this section that exceeds the administrative cost of the Division under this program.
Md. Code, Transportation § 23-103.1 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-103.1
§23–103.
Status: in_force

§23–103.1.

(a) An applicant for an inspection mechanic license shall submit to the Division:

(1) An application in the manner and format designated by the Division; and

(2) A nonrefundable application fee of $15 to take the examination.

(b) (1) The Division shall:

(i) Administer an examination to each inspection mechanic applicant; and

(ii) If the Division determines the applicant is qualified, license the inspection mechanic applicant to conduct vehicle inspections.

(2) The examination shall include a written test and a practical test.

(c) The Division may establish standards by regulation for the testing, qualifying, and licensing of inspection station mechanics.

(d) The Division may:

(1) For cause, require a reexamination of a licensed inspection mechanic for qualification to continue or resume conducting vehicle inspections;

(2) For cause, suspend or revoke the mechanic’s license; or

(3) On suspension or revocation of the mechanic’s license, rescind the authorization to conduct vehicle inspections in accordance with this title.
Md. Code, Education § 23-101 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

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

(b) “Print disabled individual” means an individual who cannot effectively read print because of a visual, physical, perceptual, developmental, cognitive, or learning disability.

(c) “State Library Agency” means the Maryland State Library Agency.

(d) “State Library Board” means the Maryland State Library Board.

(e) “State standards for libraries” means the standards for the consistent and equitable operation of a library that serve all citizens of the State as established under § 23–102.1(b) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 23-2706 — MD Code / Article gab / Title 23 / Subtitle 27 / Section 23-2706
§23–2706.
Status: in_force

(a) A person engaged in the manufacture or sale of alcoholic beverages, an applicant for a license, and a license holder may not, directly or indirectly, offer or make a payment or gift of more than nominal value to:

(1) a member of the Board or Hearing Board;

(2) an employee of the member of the Board or Hearing Board; or

(3) an agent acting on behalf of a member of the Board or Hearing Board or employee assigned to the Board or Hearing Board.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Alcoholic Beverages and Cannabis § 23-1404 — MD Code / Article gab / Title 23 / Subtitle 14 / Section 23-1404
§23–1404.
Status: in_force

(a) Except as provided in subsections (c) and (d) of this section, at least one of the applicants for a new license for a corporation or limited liability company shall certify that as long as the applicant is the holder of the license, the applicant shall:

(1) own at least 10% of the stock in the corporation or interest in the limited liability company; or

(2) (i) serve as the manager or supervisor of the corporation or limited liability company; and

(ii) be physically present on a full–time basis at the licensed premises of the corporation or limited liability company to conduct the daily business involving transactions concerning alcoholic beverages sales.

(b) Except as provided in subsection (c) of this section, applicants for a license for a corporation or limited liability company shall submit:

(1) an executed copy of the articles of incorporation or articles of organization; and

(2) a schedule that states:

(i) the name, address, and percentage of stock held by each stockholder holding at least 5% of the stock of a corporation; or

(ii) the name, address, and percentage of interest held by each member holding at least 5% interest in a limited liability company.

(c) (1) (i) The stock or interest requirements established under subsection (a) of this section do not apply to a corporation or limited liability company in which:

1. the stock of the corporation or interest in the limited liability company is authorized for sale by the United States Securities and Exchange Commission; or

2. a majority of the stock of the corporation or interest in the limited liability company is owned or controlled directly or indirectly by one or more corporations or limited liability companies whose stock or interest is authorized for sale by the United States Securities and Exchange Commission.

(ii) A corporation or limited liability company provided for in subparagraph (i) of this paragraph shall maintain one applicant as a manager or supervisor physically present on a full–time basis at the licensed premises to conduct the daily business involving transactions concerning alcoholic beverages sales.

(2) The schedule requirement established under subsection (b) of this section does not apply to:

(i) a corporation whose stock is authorized for sale by the United States Securities and Exchange Commission; or

(ii) a limited liability company whose interest is authorized for sale by the United States Securities and Exchange Commission.

(d) (1) The requirements under subsection (a) of this section do not apply to an application for or renewal of a Class C (continuing care retirement community) beer, wine, and liquor license by a nonprofit organization if the manager or supervisor of the continuing care retirement community:

(i) is identified on the application;

(ii) receives alcohol awareness training from an approved alcohol awareness training program; and

(iii) is physically present at the continuing care retirement community on a full–time basis.

(2) A continuing care retirement community license shall be issued to:

(i) a manager or supervisor; and

(ii) two officers, one of whom shall be a resident of the State at the time the application is filed.

(e) An individual who is a resident of the State meets the residency requirements under §§ 4–104 and 4–105 of this article.
Md. Code, State Personnel and Pensions § 23-211 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-211
§23–211.
Status: in_force

Membership continues for a member who is:

(1) on leave of absence approved by the Board of Trustees; or

(2) in the military service within the periods specified in Title 38 of this article.
Md. Code, State Personnel and Pensions § 23-214 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-214
§23–214.
Status: in_force

(a) This section applies to an individual who is:

(1) a member of the Teachers’ Pension System;

(2) an employee of the Baltimore City Board of School Commissioners or another county board of education; and

(3) hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.

(b) An individual who is hired by a third party contractor may withdraw the member’s accumulated contributions, within the meaning of § 20-101(b) of this article, at any time while the individual is employed by the third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.

(c) An individual who is hired by a third party contractor and subsequently becomes employed by the Baltimore City Board of School Commissioners or another county board of education at any time while the order of reconstitution is in effect and on termination of the contract with the third party contractor:

(1) is not subject to the provisions of § 23-215 of this subtitle;

(2) shall be reinstated as a member of the Teachers’ Pension System;

(3) shall be entitled to restoration of any service credit to which the individual was entitled before employment by the third party contractor whether or not the individual was vested; and

(4) shall redeposit any of the amounts withdrawn under subsection (b) of this section with regular interest to the date of redeposit or, on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.

(d) Except as provided in subsection (e) of this section, at any time before retirement, an individual may purchase service credit for a period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education if the individual:

(1) completes a claim for the service credit and files it with the Board of Trustees on a form that the Board of Trustees provides; and

(2) pays to the Board of Trustees in a single payment the member contributions the individual would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.

(e) An individual may not purchase more than 5 years of service credit for the period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
Md. Code, Land Use § 23-104 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-104
§23–104.
Status: reserved

(a) (1) In exercising the subdivision powers under §§ 23–102 and 23–103 of this subtitle, the Commission or the governing body of Montgomery County or Prince George’s County may adopt subdivision regulations and amendments governing a subdivision in:

(i) the regional district; or

(ii) the respective portion of the regional district in the county.

(2) Except as provided in paragraph (3) of this subsection, the regulations and amendments adopted under this section:

(i) shall be adopted by the respective governing body of the county;

(ii) may be amended by the respective governing body of the county; and

(iii) shall be effective from:

1. the date of adoption; or

2. the date designated by the respective governing body of the county.

(3) If the governing body of the county designates an effective date for the subdivision regulations, the effective date may not affect:

(i) the county planning board’s administration of the regulations; or

(ii) the county planning board’s functions under §§ 23–102 and 23–103 of this subtitle.

(b) (1) In Montgomery County:

(i) within 3 days after adopting a subdivision regulation or amendment, the district council shall submit the regulation or amendment to the County Executive; and

(ii) within 10 days after the subdivision regulation or amendment is submitted, the County Executive shall approve or disapprove the regulation or amendment.

(2) If the County Executive disapproves the subdivision regulation or amendment, the County Executive shall return the regulation or amendment to the district council with the reasons for the disapproval stated in writing.

(3) By the affirmative vote of eight of its members, the district council may enact the subdivision regulation or amendment over the disapproval of the County Executive.

(4) A subdivision regulation or amendment that has not been disapproved by the County Executive in accordance with this subsection is considered to be approved.

(c) (1) Subject to paragraph (2) of this subsection and subsection (d) of this section, the subdivision regulations may include provisions for:

(i) the harmonious development of the regional district;

(ii) the coordination of roads within the subdivision with:

1. existing planned or platted roads;

2. features of the regional district;

3. that county’s general plan; or

4. a transportation plan adopted by the Commission as part of that county’s general plan;

(iii) 1. adequate open spaces for transportation, recreation, light, and air, by dedication or otherwise;

2. the dedication to public use or conveyance of areas designated for dedication under the zoning and subdivision regulations; and

3. in lieu of dedication, the payment of a monetary fee that meets the requirements of subsection (d) of this section;

(iv) the reservation of land for:

1. public buildings, including schools;

2. parks and playgrounds;

3. roads;

4. mass transit facilities, including busways or light rail facilities; and

5. any other public purpose;

(v) the conservation or production of adequate transportation, water drainage, and sanitary facilities;

(vi) the preservation of the location of, the volume and flow of water in, and other characteristics of natural streams and other waterways, including the establishment of a stormwater management program in Montgomery County for the purpose of:

1. allowing the county to accept monetary contributions;

2. granting an easement; or

3. dedicating land;

(vii) the proper management of growth and development;

(viii) the avoidance of a scattered or premature subdivision that otherwise may:

1. result in danger or injury to health, safety, or welfare due to the lack of water supply, drainage, transportation, or other public services; or

2. necessitate an excessive expenditure of public funds for the supply of services;

(ix) the conformity of resubdivided lots to the character of lots within the existing subdivision with respect to area, frontage, and alignment to existing lots and roads;

(x) except for agricultural or recreational purposes, the control of subdivision or building in floodplain areas and in streams and drainage courses, and on unsafe land areas;

(xi) the preservation of outstanding natural or cultural features and historic sites or structures;

(xii) any benefit to the health, comfort, safety, or welfare of the present and future population of the regional district;

(xiii) the extent and manner to which the following actions shall be taken before the approval of a plat:

1. the grading and improvement of roads;

2. the building of curbs, gutters, and sidewalks;

3. the installation of water, sewer, and other utility mains, piping, connections, and facilities; and

4. the planting or conservation of trees; or

(xiv) in Montgomery County:

1. adequate recreational facilities; or

2. in lieu of providing recreational facilities, the payment of a fee that does not exceed the cost of providing adequate recreational facilities to serve the subdivision.

(2) (i) Unless each person that owns a legal or equitable interest in the property has provided written approval, the subdivision regulations may not provide for a reservation of land for traffic, recreation, or any other public purpose for a period longer than 3 years.

(ii) A property that is reserved for public use under the subdivision regulations shall be exempt from all State, county, and local taxes during the period of reservation.

(d) (1) Subject to paragraph (2) of this subsection, a monetary fee that is paid in lieu of a dedication of land for the use and benefit of the subdivision in cases where dedication would be impractical under subsection (c)(1)(iii) of this section shall:

(i) be based on the current market value of the land after the land is approved for development; and

(ii) 1. be used by the Commission to purchase open spaces; or

2. be used by the Commission to develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational needs of the subdivision if:

A. the Commission determines that suitable land is not available for acquisition to serve the subdivision from which a fee has been exacted; or

B. adequate open space has previously been acquired and is available to serve the subdivision.

(2) If the subdivision is in a municipal corporation in Prince George’s County that is not in the metropolitan district but is in the regional district, on request by the municipal corporation, the mandatory fee in lieu of dedication received by the Commission shall be paid to and used by the municipal corporation to:

(i) purchase open space for the use and benefit of the subdivision; or

(ii) develop or otherwise improve land or recreational facilities that will assist in supplying the overall recreational and open space needs of the subdivision.
Md. Code, Alcoholic Beverages and Cannabis § 23-209 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-209
§23–209.
Status: in_force

(a) The Board of License Commissioners or the Hearing Board may issue licenses.

(b) The county shall:

(1) pay from the license fee receipts the salaries and expenses of the Board of License Commissioners; and

(2) devote the balance of the receipts to the general purposes of the county.
Md. Code, Education § 23-107 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-107
§23–107.
Status: reserved

(a) There is a Maryland State Library Board.

(b) (1) The State Library Board consists of 12 members, 7 of whom are appointed by the Governor. Each member is entitled to participate fully and equally in the activities of the Board.

(2) Each member shall:

(i) Be a resident of this State;

(ii) Be an individual of ability and integrity who is experienced in public or library affairs; and

(iii) Represent the interests of the citizens of this State in better library services.

(3) (i) Of the appointed members:

1. Four shall be selected from the public at large;

2. One shall be a professional librarian;

3. One shall be a library trustee; and

4. One shall be a blind patron of the Maryland Library for the Blind and Print Disabled.

(ii) The Governor shall ensure geographic diversity when appointing members.

(4) The following officials serve ex officio and each may designate someone to serve in his place:

(i) The President of the Congress of Academic Library Directors;

(ii) The President of the Board of Trustees of Enoch Pratt Free Library;

(iii) The President of the Maryland Library Association;

(iv) The Dean of the University of Maryland College of Library and Information Services; and

(v) The President of the Maryland Association of School Librarians.

(5) (i) Each appointed member serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.

(ii) An appointed member may not serve more than two consecutive terms.

(iii) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

(6) Each member of the State Library Board:

(i) Serves without compensation; and

(ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(c) (1) Each year:

(i) The Governor shall appoint a member of the State Library Board as its Chairman; and

(ii) The State Library Board shall elect one of its members as its vice chairman.

(2) The State Librarian shall:

(i) Serve as secretary to the State Library Board;

(ii) Record the proceedings of the State Library Board; and

(iii) Provide necessary staff services.

(3) Each year, the State Library Board:

(i) Shall hold at least four regular meetings; and

(ii) May hold special meetings as necessary.

(4) Seven members of the State Library Board are a quorum and at least 7 affirmative votes are required for any recommendation to:

(i) The State Library Agency; or

(ii) The Governor.

(d) The State Library Board shall:

(1) Gather information on the needs of libraries throughout this State;

(2) Oversee the State Library Agency;

(3) Advise the Governor on library matters; and

(4) Promote improvement of library services in this State.

(e) The State Library Board may be funded annually as provided in the budget of the State Library Agency.
Md. Code, Transportation § 23-204 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

The facilities established or approved under § 23-203 of this subtitle shall conduct the exhaust emissions tests and emissions equipment and misfueling inspections of motor vehicles to determine whether each vehicle complies with emissions standards established under this subtitle for that vehicle.
Md. Code, State Personnel and Pensions § 23-306 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-306
§23–306.
Status: in_force

(a) A member is entitled to eligibility service during a leave of absence if the leave of absence:

(1) is approved by the Board of Trustees under regulations that apply to all members similarly situated; and

(2) is not otherwise recognized as eligibility service under this subtitle.

(b) To receive service credit for a leave of absence described under subsection (a) of this section, a member shall pay the member contributions with regular interest, if any, as determined by the Board of Trustees under regulations that apply to all members similarly situated.
Md. Code, Commercial Law § 23-101 — MD Code / Article gcl / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

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

(b) “Hotel” means a hotel or motel with more than 30 rooms for rent that is primarily used by transients who are lodged with or without meals.

(c) “Operating agreement” means a written contract, agreement, instrument, or other document between at least two persons that relates to the management, operation, or franchise of a hotel or a retirement community.

(d) “Person” does not include an individual, a nonprofit entity, or a public instrumentality.

(e) (1) “Retirement community” means a senior living community, retirement community, assisted living community, continuing care retirement community, independent living community, or similar community that offers a combination of independent living, assisted living, or nursing.

(2) “Retirement community” does not include:

(i) A freestanding nursing home, as defined in § 19–1401 of the Health – General Article, that is licensed by the Maryland Department of Health;

(ii) A State facility, as defined in § 10–101 of the Health – General Article;

(iii) A program licensed by the Maryland Department of Health under Title 7 or Title 10 of the Health – General Article;

(iv) A freestanding hospice care program regulated by the Maryland Department of Health under Title 19, Subtitle 9 of the Health – General Article;

(v) A freestanding day care center for the elderly regulated by the Maryland Department of Health under Title 14, Subtitle 2 of the Health – General Article;

(vi) A retirement community that is owned by or affiliated with a church or religious organization;

(vii) A cooperative housing corporation organized under Title 5, Subtitle 6B of the Corporations and Associations Article and certified as a continuing care provider under Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article that provide services to residents of a cooperative housing corporation; or

(viii) A condominium organized under Title 11 of the Real Property Article and certified as a continuing care provider under Title 10, Subtitle 4 of the Human Services Article and separate entities certified as continuing care providers under Title 10, Subtitle 4 of the Human Services Article that provide services to residents of a condominium.
Md. Code, Transportation § 23-403 — MD Code / Article gtr / Title 23 / Subtitle 4 / Section 23-403
§23–403.
Status: in_force

(a) The operation of a diesel vehicle on any highway in this State constitutes the consent of the driver and owner of the diesel vehicle to be subject to an emissions test established under this subtitle.

(b) The driver of a diesel vehicle shall obey any sign or direction of a police officer to stop the diesel vehicle and submit it to an emissions test administered by an emissions inspector:

(1) When a diesel vehicle is required to submit to:

(i) Weighing and measuring under § 24–111 of this article; or

(ii) A motor carrier safety inspection under § 25–111 of this article; or

(2) At any location or time, when a police officer has reasonable cause to believe that an individual diesel vehicle is violating emissions standards established under this subtitle.

(c) A person convicted of a violation of subsection (b) of this section is subject to:

(1) For a first offense, a fine not exceeding $1,000;

(2) For a second offense, a fine not exceeding $2,000; and

(3) For a third or subsequent offense, a fine not exceeding $3,000.
Md. Code, State Personnel and Pensions § 23-206 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-206
§23–206.
Status: in_force

(a) Except as provided in subsection (b) of this section, §§ 23–208 through 23–210 of this subtitle apply only to:

(1) an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:

(i) a clerk;

(ii) a helping teacher;

(iii) a principal;

(iv) a superintendent;

(v) a supervisor; or

(vi) a teacher;

(2) a faculty employee of an educational institution supported by and under the control of the State;

(3) a librarian or clerical employee of a library that is established or operates under the Education Article;

(4) a professional or clerical employee of a community college that is established or operates under the Education Article;

(5) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Teachers’ Pension System as of January 1, 1998, or who transfers from the Teachers’ Retirement System on or after January 1, 1998; or

(6) a nonfaculty employee of the Baltimore City Community College who:

(i) is a member of the Teachers’ Pension System as of October 1, 2002, and does not transfer to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle; or

(ii) transfers from the Teachers’ Retirement System on or after October 1, 2002.

(b) Sections 23–208 and 23–209 of this subtitle do not apply to:

(1) an individual who has elected to participate in an optional retirement program under Title 30 of this article;

(2) an individual who is employed under a federal public service employment program;

(3) a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees’ Retirement System of Montgomery County;

(4) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes employed on or after January 1, 1998, in a position as a staff employee of the educational institution that was eligible for membership in the Teachers’ Retirement System or Teachers’ Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994;

(5) an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or

(6) a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 23-902 — MD Code / Article gab / Title 23 / Subtitle 9 / Section 23-902
§23–902.
Status: in_force

(a) There is a Class B beer, wine, and liquor license.

(b) The Board may issue the license to the owner of a hotel that:

(1) is in a building at least three stories tall that was originally constructed for hotel purposes;

(2) has a capital investment of at least $500,000; and

(3) contains:

(i) at least one passenger elevator;

(ii) at least 100 rooms to accommodate the public; and

(iii) a dining room with facilities for preparing and serving regular meals for at least 125 individuals at one seating.

(c) The license authorizes the license holder to sell at a hotel or restaurant at the place described in the license:

(1) beer, wine, and liquor at retail for on–premises consumption; and

(2) beer, wine, and liquor in sealed containers for off–premises consumption only to a person who has purchased prepared food from the licensed premises.

(d) (1) The license holder may not display or provide shelving for beer, wine, or liquor for off–premises sales in areas of the establishment that are accessible to the public.

(2) Off–sale alcoholic beverages receipts collected under the license shall be included in the calculation of average daily receipts from the sale of alcoholic beverages in a restaurant under § 1–101 of this article.

(3) The license holder may sell beer, wine, and liquor for off–premises consumption only when the licensed premises is open for business as a hotel or restaurant.

(e) The Board may limit the quantity of alcoholic beverages sold in a single transaction for off–premises consumption under the license.

(f) The Executive Director may issue one Class 8 farm brewery license and one Class 7 micro–brewery license to a license holder that holds not more than five Class B and six Class BLX beer, wine, and liquor licenses.

(g) The annual license fee is $1,000.
Md. Code, Alcoholic Beverages and Cannabis § 23-1004 — MD Code / Article gab / Title 23 / Subtitle 10 / Section 23-1004
§23–1004.
Status: in_force

(a) There is:

(1) a Class GC (golf course) beer and light wine license; and

(2) a Class GC (golf course) beer, wine, and liquor license.

(b) The Board may issue the license to an organization that owns or manages a golf course with at least 18 holes.

(c) (1) The license authorizes the license holder to sell the alcoholic beverages specified on the license for on–premises consumption.

(2) The Board may place conditions on the location of sales and consumption, including:

(i) prohibiting the sale and consumption of liquor on specified areas of premises with a Class GC (golf course) beer, wine, and liquor license; and

(ii) allowing the sale and consumption of only beer and light wine on specified areas of the premises with a Class GC (golf course) beer, wine, and liquor license.

(3) If the Board determines that circumstances warrant, the Board may restrict the sale of alcoholic beverages to beer and light wine on premises for which a Class GC (golf course) beer, wine, and liquor license is issued.

(d) (1) Except as provided in paragraph (2) of this subsection:

(i) the holder of a Class GC (golf course) beer and light wine license may sell beer and light wine on Monday through Sunday, from 6:30 a.m. to 2 a.m. the following day; and

(ii) the holder of a Class GC (golf course) beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6:30 a.m. to 2 a.m. the following day.

(2) The Board may reduce the hours and days of sale for all or part of the licensed premises.

(e) The annual license fee is:

(1) $350 for a Class GC (golf course) beer and light wine license; and

(2) $1,500 for a Class GC (golf course) beer, wine, and liquor license.
Md. Code, State Personnel and Pensions § 23-201 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: reserved

(a) Except as provided in subsection (b) of this section, §§ 23–203 through 23–205 of this subtitle apply only to:

(1) a regular employee whose compensation is provided by State appropriation or paid from State funds;

(2) an appointed or elected official of the State, including:

(i) a clerk of the circuit court;

(ii) a register of wills;

(iii) a State’s Attorney; and

(iv) a sheriff;

(3) an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;

(4) an employee of the Office of the Sheriff of Baltimore City;

(5) an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article;

(6) a permanent employee of the board of supervisors of elections of a county;

(7) a full–time magistrate in chancery or in juvenile causes who is appointed on or after July 1, 1989, in any county by the circuit court for that county;

(8) an employee of the Maryland Environmental Service who is a member of the Employees’ Pension System on June 30, 1993, or transfers from the Employees’ Retirement System on or after July 1, 1993;

(9) a former Baltimore City jail employee who became an employee of the Baltimore City Detention Center and a member of the Employees’ Pension System on July 1, 1991;

(10) a nonfaculty employee of the Baltimore City Community College who:

(i) is a member of the Employees’ Pension System on October 1, 2002;

(ii) transfers from the Employees’ Retirement System on or after October 1, 2002;

(iii) transfers from the Teachers’ Pension System in accordance with § 23–202.1 of this subtitle; or

(iv) becomes an employee of the Baltimore City Community College on or after October 1, 2002;

(11) a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Pension System on July 1, 1994, or transfers from the Employees’ Retirement System on or after July 1, 1994;

(12) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is:

(i) a member of the Employees’ Pension System on January 1, 1998, or transfers from the Employees’ Retirement System on or after January 1, 1998; or

(ii) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes an employee on or after January 1, 1998;

(13) an individual who, on and before the effective date of participation as defined under § 31–101(c) of this article, is:

(i) a supportive service employee of the Board of Education of Kent County;

(ii) an employee of the Town of Oakland;

(iii) an employee of the City of Frostburg;

(iv) an employee of the Town of Sykesville; or

(v) an employee of the Town of University Park;

(14) an employee of the Maryland Automobile Insurance Fund on or after the date that the Maryland Automobile Insurance Fund begins participation in the Employees’ Pension System; and

(15) the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, if the Executive Director is not a sworn police officer with the powers granted to an officer of the Field Enforcement Division under § 1–313 of the Alcoholic Beverages and Cannabis Article.

(b) Sections 23–203 through 23–205 of this subtitle do not apply to:

(1) an individual who is or is entitled to be a member of any State system other than the Employees’ Pension System;

(2) a contractual, emergency, or temporary extra employee;

(3) an individual who is employed under a federal public service employment program;

(4) an assessor who is a member of a retirement or pension system operated by a political subdivision of the State;

(5) an employee of a local board of elections who chooses to stay in a local merit system under § 2–207 of the Election Law Article;

(6) a nonclerical or nonprofessional employee of the Baltimore City Community College who:

(i) was an employee of the New Community College of Baltimore during the 1989–1990 academic year;

(ii) was employed by the New Community College of Baltimore on or before December 31, 1990, as a “Class A” member of the Baltimore City Retirement Plan; and

(iii) elected to remain a member of the Baltimore City Retirement Plan;

(7) an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment;

(8) an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who:

(i) was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services;

(ii) elected, under § 2–510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and

(iii) remains as an employee of the Child Support Administration of the Maryland Department of Human Services or an attorney employed to represent the Child Support Administration;

(9) a nonfaculty employee of the Baltimore City Community College who is eligible to participate and elects to participate in an optional retirement program under Title 30 of this article;

(10) an appointed or elected official who on or after July 1, 2007, is a member of any other State or local retirement or pension system as defined under Title 37 of this article; or

(11) the Director of the Department of Social Services in Montgomery County who:

(i) was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services;

(ii) elected, under § 3–403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees’ Retirement System; and

(iii) remains as an employee of the Social Services Administration of the Maryland Department of Human Services.
Md. Code, Alcoholic Beverages and Cannabis § 23-1902 — MD Code / Article gab / Title 23 / Subtitle 19 / Section 23-1902
§23–1902.
Status: in_force

(a) A holder of a Class A, Class B, or Class C license may employ an individual who is at least 18 years old to sell or serve alcoholic beverages.

(b) A holder of a Class D license may employ an individual who is at least 18 years old to sell or serve beer and wine.
Md. Code, Insurance § 23-405 — MD Code / Article gin / Title 23 / Subtitle 4 / Section 23-405
§23–405.
Status: in_force

(a) (1) Notwithstanding any other provision of this article, when an insurance contract is canceled, whether by a premium finance company, an insurer, or an insured, the insurer shall return any gross unearned premiums that are due under the insurance contract, computed pro rata, and excluding any expense constant, administrative fee, or any nonrefundable charge filed with and approved by the Commissioner, to the premium finance company for the account of the insured within a reasonable time not exceeding 45 days after:

(i) receipt by the insurer of a notice of cancellation from the premium finance company or the insured;

(ii) the date the insurer cancels the insurance contract; or

(iii) with respect to commercial automobile, fire, or liability insurance, completion of any audit necessary to determine the amount of premium earned while the insurance contract was in force.

(2) An audit under paragraph (1)(iii) of this subsection shall be performed within 45 days after the insurer receives the notice of cancellation.

(b) (1) After the insurer returns to the premium finance company any gross unearned premiums that are due under the insurance contract, the premium finance company shall refund to the insured the amount of unearned premium that exceeds any amount due under the premium finance agreement.

(2) A premium finance company need not make a refund to the insured if the amount of the refund would be less than $5.

(c) Whenever an insurer, after receiving notice of the existence of a premium finance agreement, returns any unearned premiums to a person other than the premium finance company named in the premium finance agreement, the insurer shall be directly responsible to the premium finance company for all unearned premiums arising from the cancellation of the premium finance agreement.

(d) (1) An insurer that fails to return any premium required under this section shall pay interest of 1% per month on the unearned premium that has not been returned until the unearned premium is returned.

(2) Any payment under this subsection to the premium finance company shall be credited to the account of the insured.

(e) An insurer may not deduct from any return premium any amount owed to the insurer by the insured under any other insurance contract.

(f) An insurance producer shall return any gross unearned commissions, calculated as provided in subsection (a)(1) of this section, to an insurer within a reasonable period of time as required by the insurer.
Md. Code, Alcoholic Beverages and Cannabis § 23-1502 — MD Code / Article gab / Title 23 / Subtitle 15 / Section 23-1502
§23–1502.
Status: in_force

The Board may not issue a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license to a person that holds an out–of–state alcoholic beverages license.
Md. Code, Public Utilities § 23-308 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-308
§23–308.
Status: in_force

In approving or modifying a Program, if Montgomery County or Prince George’s County approves a major project for which money from the anticipated sources of funding shown by the Commission under § 23–303 of this subtitle is insufficient, the Commission is not obligated to undertake the major project unless the county approving the major project provides additional sources to fund the major project.
Md. Code, State Personnel and Pensions § 23-212 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-212
§23–212.
Status: in_force

(a) Except as otherwise provided in this section, a member’s contribution rate is 5% of the part of the member’s earnable compensation that exceeds the taxable wage base for each year.

(b) The contribution rate of a member who is subject to the contributory pension benefit under Part II of this subtitle is 2% of the member’s earnable compensation.

(c) The contribution rate of a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle is:

(1) 3% of the member’s earnable compensation received from July 1, 2006 to June 30, 2007, both inclusive;

(2) 4% of the member’s earnable compensation received from July 1, 2007 to June 30, 2008, both inclusive;

(3) 5% of the member’s earnable compensation received from July 1, 2008 to June 30, 2011, both inclusive; and

(4) 7% of the member’s earnable compensation received on or after July 1, 2011.

(d) The contribution rate of a member who is subject to the reformed contributory pension benefit under Part IV of this subtitle is 7% of the member’s earnable compensation.
Md. Code, Alcoholic Beverages and Cannabis § 23-2401 — MD Code / Article gab / Title 23 / Subtitle 24 / Section 23-2401
§23–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 23-503 — MD Code / Article gin / Title 23 / Subtitle 5 / Section 23-503
§23–503.
Status: in_force

A premium finance company may not induce an insured to enter into more than one premium finance agreement in order to obtain more than one initial service fee.
Md. Code, Education § 23-405 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-405
§23–405.
Status: in_force

(a) In addition to any other powers granted or duties imposed by this subtitle, each board of library trustees has the powers and duties set forth in this section.

(b) (1) Except as provided in paragraph (2) of this subsection, each board of library trustees:

(i) Shall establish and operate the library to provide free services to residents of the county in which it is located; and

(ii) May permit persons outside of the county to use the library facilities on the terms and conditions it determines.

(2) In Baltimore City and Baltimore, Charles, Montgomery, and Prince George’s counties, the board of library trustees in each of these counties may permit a library to charge fees for the rental of media.

(c) Each board of library trustees may:

(1) Establish and operate libraries at any location in the county;

(2) Determine the policy of the library; and

(3) Adopt reasonable rules, regulations, and bylaws for the use of the library and the conduct of its business.

(d) Each board of library trustees may:

(1) Advise in the preparation of, and approve, the library budget;

(2) Receive, account for, control, and supervise, under the rules and regulations of the county governing body, the spending of all public funds received by the library; and

(3) Use the services of the fiscal agencies of the county governing body.

(e) Each board of library trustees shall:

(1) Provide for an audit at least annually, by an accountant approved by the State Librarian of its business and financial transactions and of the accounts of its treasurer;

(2) Make public the results of the annual audit; and

(3) Make an annual report to the county governing body and the State Librarian on or before November 1 of each year, except that a county having a population of more than 500,000 and having a county library agency as provided by § 23–401(b) of this subtitle shall submit their report by January 1. The report shall show:

(i) The amounts of money received from the library fund and other sources;

(ii) The itemized expenses;

(iii) The number of books and periodicals the library has;

(iv) The results of the annual audit; and

(v) Any other information the State Library Board requires.

(f) Each board of library trustees may:

(1) Accept any gift, grant, or appropriation for library purposes from any person under any appropriate terms and conditions;

(2) Own and dispose of these gifts, grants, and appropriations;

(3) Recommend to the county governing body the acquisition, use, or conveyance of property, for any purpose valid under this subtitle;

(4) Select the location of and approve plans for the erection of library buildings, subject to the approval of the county governing body;

(5) Make contracts for any library service with any person; and

(6) Do anything else necessary for the proper control and development of the library.
Md. Code, Education § 23-908 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-908
§23–908.
Status: in_force

(a) If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding:

(1) Wages, hours, and terms and conditions of employment;

(2) The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement that culminate in final and binding arbitration; and

(3) Other topics that the parties may mutually agree to that were suitable for bargaining.

(b) (1) The employer automatically shall deduct from the paycheck of an employee who is a member of the bargaining unit represented by the certified exclusive representative dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization that has been duly executed by the employee.

(2) Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative.

(3) The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if:

(i) The certified exclusive representative is decertified;

(ii) The certified exclusive representative’s right to dues is revoked under § 23–913(d)(3) of this subtitle;

(iii) The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or

(iv) Subject to paragraph (4) of this subsection, the employee revokes the authorization for payments to the exclusive representative in accordance with the procedures provided in a dues deduction authorization.

(4) The procedures provided in a dues deduction authorization utilized under this subsection shall allow for a revocation of the authorization for payments to the exclusive representative at least annually.

(c) This section may not be construed to:

(1) Authorize or otherwise allow an employee to engage in a strike or work stoppage, as those terms are defined in § 23–913 of this subtitle; or

(2) Restrict the authority of the funding body of the applicable county to determine the budget of the employer.

(d) (1) A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the director and the employer.

(2) A single–year or multiyear collective bargaining agreement shall expire at the close of the county’s fiscal year.
Md. Code, Public Utilities § 23-104 — MD Code / Article gpu / Title 23 / Subtitle 1 / Section 23-104
§23–104.
Status: in_force

(a) If a privately owned water or sewer system is the subject of a condemnation proceeding under this division, a jury in the proceeding shall determine the fair market value as provided for in § 12–105(b) of the Real Property Article.

(b) (1) If the Commission condemns a privately owned system, the Commission shall take the system free and clear of all debts and liens.

(2) (i) The Commission shall make a party defendant any person that has a recorded lien or encumbrance against the privately owned system.

(ii) The circuit court may determine the respective amounts due the defendants.

(c) After the payment into the court or to the proper parties:

(1) the Commission may take possession of, maintain, and operate the private system; and

(2) all properties along the line of any water main or sewer of the private system shall stand in the same relation, bear the same benefit assessment, and be subject to the same regulations and penalties as though the private system had been constructed and put into operation by the Commission under the provisions of this division.

(d) A building or premises properly connected with the acquired private system at the time of its purchase is not subject to the connection charge specified under Title 25, Subtitle 3 of this article.

(e) (1) If the Commission considers that a privately owned water or sewer system is unfit, in whole or in part, for incorporation with the Commission’s system, the Commission shall:

(i) disregard the existence of the system or unfit part of the system; and

(ii) extend the Commission’s system to serve the area served by the existing system or unfit part of the system.

(2) All of the provisions of this division relating to systems constructed by the Commission apply to an extension under paragraph (1) of this subsection.
Md. Code, State Personnel and Pensions § 23-213 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-213
§23–213.
Status: in_force

(a) Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 5% per year compounded annually until retirement or withdrawal of contributions and interest.

(b) Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.

(c) (1) In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems.

(2) This subsection applies only to an individual who:

(i) is a former member of the Employees’ Pension System or the Teachers’ Pension System;

(ii) is not eligible to receive a vested allowance from the Employees’ Pension System or the Teachers’ Pension System under Title 29, Subtitle 3 of this article;

(iii) has not withdrawn the individual’s member contributions from the Employees’ Pension System or the Teachers’ Pension System; and

(iv) is an active member of one of the several systems.

(3) An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Employees’ Pension System or the Teachers’ Pension System while the individual is an active member of one of the several systems.
Md. Code, Public Utilities § 23-306 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-306
§23–306.
Status: in_force

(a) The county councils of Montgomery County and Prince George’s County shall approve, disapprove, or modify a Program.

(b) The county councils of Montgomery County and Prince George’s County shall seek the advice and recommendation of the Maryland–National Capital Park and Planning Commission in reviewing a Program.

(c) The county councils of Montgomery County and Prince George’s County may designate a water or sewer main for controlled or limited access for service to designated areas within the respective county.

(d) (1) A modification to a Program by the county council of Montgomery County or Prince George’s County is not final until the modification is submitted to the Commission for written comment.

(2) The Commission has at least 30 days to comment on the modification.
Md. Code, State Personnel and Pensions § 23-404 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-404
§23–404.
Status: in_force

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

(2) “Appointed official” means an individual appointed to a public office of the State who meets the legal criteria for an appointed official as determined by the Office of the Attorney General.

(3) “Unclassified service of the State” means the unclassified service in the State Personnel Management System or a comparable position in an independent personnel system of a participating employer.

(b) The Board of Trustees shall pay a member of the Employees’ Pension System who qualifies under subsection (c) of this section a normal service retirement allowance, regardless of age, if the member:

(1) has at least 16 years of creditable service; and

(2) elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.

(c) A member qualifies for a normal service retirement allowance under subsection (b) of this section if the member:

(1) (i) is an elected or appointed official of the State at the time of application for retirement; and

(ii) was initially an elected or appointed official of the State before July 22, 1981;

(2) (i) is an elected or appointed official of the State when separating from employment;

(ii) was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and

(iii) separated from employment involuntarily, as certified by the Secretary of Budget and Management;

(3) (i) was promoted to a position in the unclassified service of the State on or before June 30, 1982;

(ii) has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and

(iii) separated from employment involuntarily, as certified by the Secretary of Budget and Management; or

(4) (i) is a deputy clerk of the court at the time of application for retirement; and

(ii) was initially a deputy clerk of the court before July 22, 1981.

(d) (1) This subsection applies to a retiree who:

(i) retires as an elected or appointed official under this section; and

(ii) is appointed or elected to an office for which the State pays the compensation.

(2) On the appointment or election of a retiree described in paragraph (1) of this subsection:

(i) the retiree’s retirement allowance shall stop;

(ii) the retiree may rejoin the Employees’ Pension System;

(iii) the retiree shall make member contributions as provided in this title; and

(iv) the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.

(3) Subject to paragraph (4) of this subsection, on subsequent retirement of a retiree described in paragraph (1) of this subsection, the Board of Trustees shall credit the retiree with all of the retiree’s creditable service and eligibility service as a member.

(4) The allowance, on the subsequent retirement, may not exceed the sum of:

(i) the allowance the retiree was receiving during the previous retirement; and

(ii) the allowance that has accrued on account of creditable service earned after the previous retirement.
Md. Code, Alcoholic Beverages and Cannabis § 23-203 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-203
§23–203.
Status: in_force

(a) The County Council sits as the Board of License Commissioners.

(b) A member of the Board of License Commissioners is subject to the public ethics laws of the county.
Md. Code, Alcoholic Beverages and Cannabis § 23-1403 — MD Code / Article gab / Title 23 / Subtitle 14 / Section 23-1403
§23–1403.
Status: in_force

The Board shall destroy the criminal history record information obtained under § 4–107 of this article or § 23–1805 of this title on completion of the application process.
Md. Code, Insurance § 23-202 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-202
§23–202.
Status: in_force

(a) To engage in business as a premium finance company in the State, each premium finance company shall elect to:

(1) maintain a net worth of at least $250,000 calculated under generally accepted accounting principles;

(2) file with the Commissioner an irrevocable letter of credit in the amount of $50,000 issued by a financial institution;

(3) deposit with the State Treasurer cash in the amount of $50,000; or

(4) file with the Commissioner a bond that:

(i) is in favor of the State;

(ii) is in the penal sum of $50,000;

(iii) is executed by an authorized surety insurer; and

(iv) is conditioned that the premium finance company will account for and pay over to the person entitled to receive it all money belonging to the person that comes into the possession of the premium finance company, including unearned premiums due to an insured and unearned commissions due to an insurer.

(b) A bond shall remain in force until the surety insurer is released from liability by the Commissioner or until the bond is canceled by the surety insurer.

(c) The total liability of the surety insurer under a bond may not exceed the penal sum of the bond.

(d) (1) (i) The surety insurer may cancel a bond after filing written notice with the Commissioner at least 30 days before the effective date of the cancellation.

(ii) A cancellation under this paragraph does not affect any liability that accrued before the cancellation.

(2) After notification of the cancellation of the bond, the premium finance company shall act promptly to replace the bond.

(3) If the premium finance company fails to act promptly to replace the bond, the Commissioner shall deny, suspend, revoke, or refuse to renew the registration of the premium finance company until the required bond is filed.

(e) If, at any time, the premium finance company fails to comply with subsection (a) of this section, the Commissioner shall deny, suspend, revoke, or refuse to renew the registration of the premium finance company until the premium finance company complies with subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 23-1901 — MD Code / Article gab / Title 23 / Subtitle 19 / Section 23-1901
§23–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”); and

(4) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 23–1902 of this subtitle;

(2) § 4–505 (“Alcohol awareness program”), subject to § 23–1903 of this subtitle; and

(3) § 4–507 (“Retail delivery of alcoholic beverages”), subject to § 23–1904 of this subtitle.
Md. Code, Land Use § 23-203 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-203
§23–203.
Status: in_force

The county planning board may provide in the subdivision regulations for:

(1) a preapplication procedure;

(2) subdivision approval; and

(3) tentative or conditional approval or disapproval of preliminary plans.
Md. Code, Education § 23-201 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

(a) The Central Library of the Enoch Pratt Free Library System is the State Library Resource Center.

(b) The State Library Resource Center shall provide and expand access to specialized library materials and services that are necessary for coordinated, efficient, and economical library services in this State.
Md. Code, Land Use § 23-202 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-202
§23–202.
Status: in_force

(a) This section applies only in Montgomery County.

(b) (1) The subdivision regulations shall provide that before the county planning board takes action on a preliminary subdivision plan, the plan shall be referred to the County Executive for a recommendation as to whether public facilities are adequate to support and service the area of the proposed subdivision.

(2) The County Executive shall return the preliminary subdivision plan to the county planning board with a recommendation of approval or disapproval based on:

(i) criteria developed by the County Executive and approved by the district council; and

(ii) standards set forth in the county subdivision regulations.

(c) (1) This subsection applies to property that:

(i) is located in a municipal corporation or governed special taxing district; or

(ii) shares a common boundary line, or a part of a common boundary line, with property located entirely in a municipal corporation or governed district.

(2) This subsection does not apply to a municipal corporation that exercises zoning, planning, and subdivision authority under Division I of this article.

(3) The subdivision regulations and zoning law shall provide that, before any action is taken by the county planning board on an application for a preliminary subdivision plan, project plan, or site plan review for property described in paragraph (1) of this subsection, a copy of the application shall be referred promptly to the municipal corporation or governed district for review and comment.

(4) If the municipal corporation or governed district chooses to comment, the municipal corporation or governed district promptly shall forward its written comments to the county planning board.

(d) (1) On referral of a preliminary plan proposing the resubdivision of residentially zoned property located in a municipal corporation or governed special taxing district, the municipal corporation or governed district shall make an initial determination whether to transmit a recommendation concerning the plan to the county planning board.

(2) If the municipal corporation or governed district chooses to transmit a recommendation, the municipal corporation or governed district shall:

(i) hold a hearing before it transmits the recommendation to the county planning board; and

(ii) provide reasonable public notice of the hearing.

(3) A recommendation transmitted under this subsection shall:

(i) be in writing; and

(ii) based on the record of the hearing, include all pertinent findings of fact and conclusions of law supporting the recommendation.

(4) A municipal corporation or governed district may recommend denial of a plan under this subsection only if the municipal corporation or governed district determines that the plan does not comply with a particular provision of the subdivision regulations.

(5) If a municipal corporation or governed district recommends denial of a plan, it shall transmit a written record of the hearing to the county planning board for inclusion in the record compiled by the county planning board.

(6) A municipal corporation or governed district shall be considered to have waived its right to make a recommendation under this subsection unless it transmits its written recommendation and complete record, if required, to the county planning board within 45 days after the delivery of the plan and application by the county planning board.

(7) A two–thirds majority vote of the members of the county planning board then present and participating is required to override a recommendation of a municipal corporation or governed district to deny a residential resubdivision application.
Md. Code, Public Utilities § 23-315 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-315
§23–315.
Status: in_force

(a) This section applies only in Prince George’s County.

(b) Except as provided in subsection (c) of this section, the Commission may provide sanitary sewer service in drainage areas that are tributary to county–approved trunk sewers and county–approved pumping stations outside of the county–approved service areas.

(c) Property to which sanitary sewer service is provided under this section shall be developed in accordance with a master plan adopted by the Maryland–National Capital Park and Planning Commission and approved by the County Council of Prince George’s County after submission to the County Executive of Prince George’s County for review.

(d) Notwithstanding subsection (c) of this section, the Commission may provide sanitary sewer service to existing structures located in the drainage areas described in subsection (b) of this section.
Md. Code, Education § 23-407 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-407
§23–407.
Status: in_force

The board of library trustees of any library may use volunteer aides. These volunteer aides may not replace library personnel but shall assist regular personnel in carrying out their duties. Each board of library trustees shall develop guidelines for the selection and use of volunteer aides in its library system. Volunteer aides shall be considered agents of the board of library trustees for the limited purpose of comprehensive liability insurance coverage.
Md. Code, Alcoholic Beverages and Cannabis § 23-1804 — MD Code / Article gab / Title 23 / Subtitle 18 / Section 23-1804
§23–1804.
Status: in_force

Notwithstanding § 23–1504 of this title, a person who has an interest in more than one license may renew the licenses.
Md. Code, Public Utilities § 23-105 — MD Code / Article gpu / Title 23 / Subtitle 1 / Section 23-105
§23–105.
Status: in_force

(a) After the payment for the acquisition is made to the court or to the municipality:

(1) the Commission may take possession of, maintain, and operate a municipally owned water or sewer system; and

(2) all properties along the line of any water main or sewer of the municipal system shall stand in the same relation, bear the same benefit assessment, and be subject to the same regulations and penalties as though the municipal system had been constructed and put into operation by the Commission under the provisions of this division.

(b) A building or premises properly connected with the acquired municipal system at the time of its purchase is not subject to the connection charge specified under Title 26, Subtitle 3 of this article.

(c) If outstanding bonds exist for a municipal system acquired by the Commission:

(1) the municipality may use the amount paid by the Commission for the system for the purchase or redemption of any bond or debt that may be outstanding against the system; or

(2) the Commission, as a part of the compensation for the system, may assume the payment of any outstanding bond.
Md. Code, Insurance § 23-306 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-306
§23–306.
Status: in_force

(a) A premium finance agreement may require the insured to pay a delinquency and collection charge on each installment that is in default for a period of not less than 5 days.

(b) A delinquency and collection charge shall be at least $1, up to a maximum of 5% of the installment in default, but may not exceed:

(1) $8, with respect to private passenger automobile or personal fire or liability insurance; and

(2) $100, with respect to commercial automobile, fire, or liability insurance.

(c) Only one delinquency and collection charge may be collected on an installment, regardless of the period during which the installment remains in default.
Md. Code, Transportation § 23-206.2 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-206.2
§23–206.
Status: in_force

§23–206.2.

(a) (1) A motor vehicle for which special registration plates have been issued under § 13–616 of this article is exempt from the mandatory inspections required by this subtitle if:

(i) All of the owners of the motor vehicle meet the disability requirements of § 13–616(b)(1) of this article;

(ii) The motor vehicle is driven 5,000 miles or less annually; and

(iii) The exemption is not otherwise prohibited by federal law.

(2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify the following:

(i) That the owner of the motor vehicle meets the disability requirements of § 13–616(b)(1) of this article;

(ii) That the motor vehicle has been issued a special disabled person’s registration number and special registration plates under § 13–616 of this article;

(iii) That the motor vehicle is driven 5,000 miles or less annually; and

(iv) The motor vehicle’s odometer reading at the time of the certification.

(3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(b) (1) A motor vehicle owned by an individual who is at least 70 years of age at the time of a scheduled mandatory inspection under this subtitle is exempt from the mandatory inspections required by this subtitle if:

(i) All of the owners of the motor vehicle are at least 70 years of age at the time of the scheduled mandatory inspection under this subtitle;

(ii) The motor vehicle is being driven 5,000 miles or less annually; and

(iii) The exemption is not otherwise prohibited by federal law.

(2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify the following:

(i) That all of the owners of the motor vehicle are at least 70 years of age at the time of a scheduled mandatory inspection under this subtitle;

(ii) That the motor vehicle is being driven 5,000 miles or less annually; and

(iii) The motor vehicle’s odometer reading at the time of the certification.

(3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(c) (1) A motor vehicle owned by at least one active duty member of the uniformed services at the time of a scheduled mandatory inspection under this subtitle is exempt from the mandatory inspections required by this subtitle if:

(i) An owner of the motor vehicle who is a member of the uniformed services has received official orders:

1. For deployment outside the United States; or

2. To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program; and

(ii) The exemption is not otherwise prohibited by federal law.

(2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify that at least one owner of the motor vehicle has received official orders for deployment outside the United States or to a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.

(3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(d) The Administrator may adopt regulations as necessary to administer or enforce the provisions of this section.
Md. Code, Insurance § 23-301.2 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-301.2
§23–301.
Status: in_force

§23–301.2.

(a) (1) With respect to private passenger motor vehicle insurance and personal insurance, a premium finance company may:

(i) assign all rights and obligations under a premium finance agreement to another premium finance company that is registered in the State under this title; or

(ii) pledge a premium finance agreement as collateral for a loan.

(2) If a premium finance company assigns the obligation to service a premium finance agreement to another premium finance company under paragraph (1)(i) of this subsection, the assigning premium finance company shall notify the insured in accordance with subsection (c) of this section:

(i) that the obligation to service the premium finance agreement has been assigned to another premium finance company that is registered in the State under this title; and

(ii) of the name, address, and telephone number of the premium finance company to which the obligation has been assigned.

(b) (1) With respect to commercial automobile, fire, or liability insurance, a premium finance company:

(i) except as provided in paragraph (2) of this subsection, may assign all rights and obligations under a premium finance agreement to another person if the premium finance agreement expressly confers the right to assign all rights and obligations under the premium finance agreement; or

(ii) may pledge a premium finance agreement as collateral for a loan.

(2) A premium finance company that assigns rights and obligations under paragraph (1)(i) of this subsection shall:

(i) retain the obligation to service the premium finance agreement; or

(ii) assign the obligation to service the premium finance agreement to another premium finance company that is registered in the State under this title.

(3) If a premium finance company assigns the obligation to service a premium finance agreement to another premium finance company under paragraph (2)(ii) of this subsection, the assigning premium finance company shall notify the insured in accordance with subsection (c) of this section:

(i) that the obligation to service the premium finance agreement has been assigned to another premium finance company that is registered in the State under this title; and

(ii) of the name, address, and telephone number of the premium finance company to which the obligation has been assigned.

(c) A notice required under subsection (a)(2) or (b)(3) of this section shall be by:

(1) first–class mail; or

(2) if the premium finance company meets the requirements for delivering a notice under § 27–601.2 of this article, electronic means.
Md. Code, Education § 23-506.1 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-506.1
§23–506.
Status: in_force

§23–506.1.

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

(2) “Child pornography” means a violation of § 11–207 of the Criminal Law Article.

(3) “Obscene” has the meaning stated in § 11–203 of the Criminal Law Article.

(b) On or before January 1, 2001, each county or board of trustees of a county library shall:

(1) Adopt and implement policies and procedures to prevent minors from obtaining access through the library, by means of the Internet, the World Wide Web, Usenet, or any other interactive computer service to materials that are obscene or constitute child pornography; and

(2) Submit the policies and procedures required under this section to the State Librarian for review.

(c) The State Librarian or a designee of the State Librarian shall regularly monitor the county libraries to determine whether each library is complying with the policies and procedures adopted for preventing a minor from obtaining Internet access to obscene materials through the library.
Md. Code, Alcoholic Beverages and Cannabis § 23-103 — MD Code / Article gab / Title 23 / Subtitle 1 / Section 23-103
§23–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Alcoholic Beverages and Cannabis § 23-1606 — MD Code / Article gab / Title 23 / Subtitle 16 / Section 23-1606
§23–1606.
Status: in_force

(a) (1) Subject to subsections (b) and (c) of this section, the Board may issue to an individual or for the use of a person one of the following groups of licenses but not both:

(i) one Class D (on– and off–sale) beer, wine, and liquor license, five Class B (on–sale) beer, wine, and liquor licenses, and six Class BLX (luxury restaurant)(on–sale) beer, wine, and liquor licenses; or

(ii) one Class D (on– and off–sale) beer, wine, and liquor license and eight Class BLX (luxury restaurant)(on–sale) beer, wine, and liquor licenses.

(2) The licenses specified in paragraph (1) of this subsection are for separate premises.

(b) A person may not have a direct or indirect interest in any combination of more than one Class D and nine Class B and Class BLX licenses.

(c) For purposes of this section, an indirect interest is presumed to exist between two persons if both:

(1) have a common parent company;

(2) are linked by a franchise agreement, licensing agreement, or a concession agreement;

(3) are part of a chain of businesses commonly owned and operated;

(4) share:

(i) directors, stockholders, partners, or members; or

(ii) directors, stockholders, partners, or members of parents or subsidiaries;

(5) share, directly or indirectly, profit from the sale of alcoholic beverages; or

(6) share a common trade name, trademark, logo, or theme, or mode of operation identifiable by the public.
Md. Code, Alcoholic Beverages and Cannabis § 23-901 — MD Code / Article gab / Title 23 / Subtitle 9 / Section 23-901
§23–901.
Status: in_force

(a) There are:

(1) a Class A–1 beer, wine, and liquor 7–day license; and

(2) a Class A–2 beer, wine, and liquor 6–day license.

(b) (1) A license under this section authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall sell the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) A license under this section may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fees are:

(1) $900 for a Class A–1, 7–day license; and

(2) $700 for a Class A–2, 6–day license.
Md. Code, Alcoholic Beverages and Cannabis § 23-2102 — MD Code / Article gab / Title 23 / Subtitle 21 / Section 23-2102
§23–2102.
Status: in_force

In addition to the grounds for revocation or suspension in § 4–604 of this article, the Board may revoke or suspend a license if the Board finds that a license holder or an agent or employee of a license holder has violated this article or a rule or regulation of the Board.
Md. Code, Alcoholic Beverages and Cannabis § 23-1005 — MD Code / Article gab / Title 23 / Subtitle 10 / Section 23-1005
§23–1005.
Status: in_force

(a) There is a Class C (police officers’ local affiliate) license.

(b) (1) The Board may issue the license for use by a local affiliate of an international organization of police officers that:

(i) has at least 100 dues paying members; and

(ii) charges each member at least $15 a month in dues.

(2) The local affiliate shall operate the clubhouse where the license is in effect only for its own members and their guests.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption to members of the local affiliate and guests accompanied by members.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 23–2004 of this title.

(e) The annual license fee is $500.
Md. Code, State Personnel and Pensions § 23-307.3 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-307.3
§23–307.
Status: in_force

§23–307.3.

(a) (1) A member of the Employees’ Pension System who as of July 1, 2001, has been employed by the State for at least 40 years on a full-time or part-time basis may purchase credit for eligibility service of up to 10 years for which the member is not otherwise entitled to service credit.

(2) This section does not apply to:

(i) an employee of a participating governmental unit or a former participating governmental unit that has withdrawn; or

(ii) any period of employment during which an individual participated in the optional retirement program.

(b) (1) A member who purchases service credit under this section shall:

(i) complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and

(ii) pay to the Board of Trustees the member contributions the member would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.

(2) A member may pay the amount required by paragraph (1)(ii) of this subsection on an installment basis by contributing at least 2% of earnable compensation per year with the appropriate final adjustments being made in the year the member retires.

(3) A member may pay for service credit purchased under this section at any time before retirement.

(c) (1) A member who purchases service credit under this section may not purchase more than a total of 10 years of service credit for periods of employment with the State.

(2) For service credit purchased under this section, a year or a part of a year of employment equals 1 year of service credit.
Md. Code, Education § 23-811 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-811
§23–811.
Status: in_force

(a) Notwithstanding any other provisions of law, it is the exclusive right of the employer to:

(1) Determine the purposes and objectives of each of its constituent offices and departments;

(2) Set standards of services to be offered to the public;

(3) Exercise control and discretion over its organization and operations; and

(4) Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including:

(i) The use of volunteers; and

(ii) The contracting out of work if considered necessary.

(b) Subject to applicable provisions of a collective bargaining agreement and in accordance with the Baltimore County Charter and other applicable laws, the employer may:

(1) Direct its employees;

(2) Hire, promote, transfer, assign, or retain employees;

(3) Establish reasonable work rules; and

(4) Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause.

(c) The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative.

(d) This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section.

(e) Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer.
Md. Code, Insurance § 23-506 — MD Code / Article gin / Title 23 / Subtitle 5 / Section 23-506
§23–506.
Status: in_force

In addition to any other applicable administrative or civil penalty, a premium finance company, insurer, or insurance producer that willfully and knowingly violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Commercial Law § 23-106 — MD Code / Article gcl / Title 23 / Subtitle 1 / Section 23-106
§23–106.
Status: in_force

This title may not be construed to:

(1) Limit the defenses of fraud, duress, or illegality; or

(2) Affect any claim between a third party and a party to an operating agreement.
Md. Code, State Personnel and Pensions § 23-101 — MD Code / Article gsp / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

This title applies only to:

(1) the Employees’ Pension System; and

(2) the Teachers’ Pension System.
Md. Code, Alcoholic Beverages and Cannabis § 23-502 — MD Code / Article gab / Title 23 / Subtitle 5 / Section 23-502
§23–502.
Status: in_force

Except as provided in § 23–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Alcoholic Beverages and Cannabis § 23-2602 — MD Code / Article gab / Title 23 / Subtitle 26 / Section 23-2602
§23–2602.
Status: in_force

(a) The Board may subpoena records pertaining to a licensed establishment.

(b) (1) The Board may petition the circuit court if a witness refuses to produce a subpoenaed record.

(2) The court shall proceed by attachment against the witness as if the refusal had been by a witness summoned to appear in a case pending before the court.
Md. Code, Education § 23-204 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

The State Library Board periodically shall evaluate the effectiveness of the services performed by each regional resource center and metropolitan cooperative service program and may request any reports and information necessary for this purpose.
Md. Code, Land Use § 23-301 — MD Code / Article glu / Title 23 / Subtitle 3 / Section 23-301
§23–301.
Status: reserved

(a) (1) An owner or agent of an owner of land located in a subdivision may not transfer or sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been:

(i) approved by the county planning board; and

(ii) recorded in the office of the clerk of the circuit court of the county in which the property is located.

(2) A person who violates this subsection is subject to a penalty of $100 for each lot or parcel transferred or sold in violation to be paid to the district council.

(b) The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of transferring or selling does not exempt the transaction from the penalties or remedies provided in this section.

(c) The district council may:

(1) enjoin the transfer, sale, or agreement in any circuit court; or

(2) recover the penalty by civil action in any court of competent jurisdiction.
Md. Code, Education § 23-105 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-105
§23–105.
Status: in_force

(a) In addition to the other powers granted and duties imposed by this article, the State Library Board has the powers and duties set forth in this section.

(b) The State Library Board shall appoint the State Librarian.

(c) The State Library Board shall exercise general direction and control of library development in this State and may:

(1) Adopt rules and regulations necessary to administer this title;

(2) After considering the recommendations of the State Librarian, establish library policies and procedures for the statewide system of libraries;

(3) Consider the library needs of this State and recommend to the Governor and the General Assembly desirable legislation; and

(4) With the approval of the Governor, accept, administer, and spend any appropriation, gift, or grant for library purposes from the federal government or from any other person.

(d) In accordance with the bylaws, rules, and regulations of the State Board of Education, the State Superintendent shall certificate professional library personnel.

(e) (1) Each year the State Library Board shall report to the Governor and the people of this State on the support, condition, progress, and needs of libraries.

(2) The report required under paragraph (1) of this subsection shall include any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this subtitle.

(f) The State Library Board shall approve county public library capital projects for State funding in accordance with § 23–509 of this title.

(g) The State Library Board shall develop policies for the operation of libraries that are consistent with the State standards for libraries.
Md. Code, Alcoholic Beverages and Cannabis § 23-2501 — MD Code / Article gab / Title 23 / Subtitle 25 / Section 23-2501
§23–2501.
Status: in_force

(a) In this subtitle, “place of adult entertainment” means an establishment that:

(1) is not licensed by the Board but to which a customer brings alcoholic beverages that the customer has purchased elsewhere; and

(2) allows at its location a form of sexual display or attire prohibited under § 4–605 of this article.

(b) An individual who serves food, alcoholic beverages, or setups, including drinking containers and ice, in a place of adult entertainment or who supervises or manages a place of adult entertainment shall:

(1) receive alcohol awareness training as provided in § 4–508 of this article; and

(2) refuse to facilitate the continued consumption of alcoholic beverages by a customer who appears to be inebriated.

(c) The hours and days during which a place of public entertainment may be open are Monday through Saturday, from 11:30 a.m. to 1:30 a.m. the following day.

(d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each violation.

(2) Each day of operation in violation of this section is a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 23-1101 — MD Code / Article gab / Title 23 / Subtitle 11 / Section 23-1101
§23–1101.
Status: in_force

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and

(2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”).

(b) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county:

(1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 23–1102 of this subtitle;

(2) § 4–1105 (“Refillable container permit — Wine”), subject to § 23–1103 of this subtitle; and

(3) § 4–1106 (“Nonrefillable container permit –– Draft beer”), subject to § 23–1104 of this subtitle.
Md. Code, Education § 23-702 — MD Code / Article ged / Title 23 / Subtitle 7 / Section 23-702
§23–702.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, a publisher who offers to license an electronic literary product to the public also shall offer to license the electronic literary product to public libraries in the State on reasonable terms that would enable public libraries to provide library users with access to the electronic literary product.

(b) The terms of a license under subsection (a) of this section may include:

(1) A limitation on the number of users a public library may simultaneously allow to access an electronic literary product;

(2) A limitation on the number of days a public library may allow a user to access an electronic literary product; and

(3) The use of technological protection measures that would prevent a user from:

(i) Maintaining access to an electronic literary product beyond the access period specified in the license; and

(ii) Allowing other users to access an electronic literary product.

(c) The terms of a license under subsection (a) of this section may not include a limitation on the number of electronic literary product licenses a public library may purchase on the same date the electronic literary product license is made available to the public.

(d) A violation of this subtitle shall constitute an unfair, abusive, or deceptive trade practice and is subject to enforcement in accordance with Title 13, Subtitle 4 of the Commercial Law Article.
Md. Code, Land Use § 23-302 — MD Code / Article glu / Title 23 / Subtitle 3 / Section 23-302
§23–302.
Status: in_force

(a) (1) The clerk of the circuit court of Montgomery County or Prince George’s County may not record a subdivision plat in the regional district unless the plat has been endorsed in writing by the county planning board.

(2) A plat is invalid if it is recorded without being endorsed by the county planning board.

(b) The Commission may institute proceedings against the clerk of the circuit court of Montgomery County or Prince George’s County to compel the clerk to strike from the county land records a subdivision plat that is recorded but not approved in accordance with subsection (a) of this section.

(c) A court of competent jurisdiction may issue appropriate orders for purposes of this section.
Md. Code, Insurance § 23-301.1 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-301.1
§23–301.
Status: in_force

§23–301.1.

In addition to financing the premium of a surplus lines insurance contract, a premium finance agreement may include any:

(1) premium receipts tax that a surplus lines broker is required to charge under § 3-324 of this article and pay to the Commissioner under § 3-325 of this article;

(2) policy fee that a surplus lines broker is allowed to charge under § 27-216 of this article; and

(3) inspection fee that a surplus lines broker is allowed to charge under § 27-216 of this article.
Md. Code, Land Use § 23-108 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-108
§23–108.
Status: in_force

The subdivision regulations in force before April 28, 1959, within the respective portions of the regional district in Montgomery County and Prince George’s County are considered to have been adopted in the manner required under this subtitle.
Md. Code, Education § 23-810 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-810
§23–810.
Status: in_force

(a) The employer may not:

(1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;

(2) Dominate, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization;

(3) Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment; or

(4) Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees.

(b) An employee organization may not:

(1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;

(2) Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle;

(3) Discipline or fine a member of the employee organization as punishment or reprisal;

(4) Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance; or

(5) Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle.

(c) (1) An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer.

(2) This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.
Md. Code, Land Use § 23-105 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-105
§23–105.
Status: in_force

(a) Before the Commission or the governing body of Montgomery County or Prince George’s County may adopt a subdivision regulation or an amendment to a subdivision regulation or amendment, the respective county council shall hold a public hearing on the regulation or amendment.

(b) The county council shall publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the regional district in the respective county at least 30 days before the hearing.
Md. Code, Commercial Law § 23-105 — MD Code / Article gcl / Title 23 / Subtitle 1 / Section 23-105
§23–105.
Status: in_force

(a) The covenant of good faith and fair dealing shall be implied in an operating agreement unless the operating agreement states that a party may perform a duty or obligation in the party’s sole discretion.

(b) Unless an operating agreement contains a covenant or other provision that specifically incorporates a duty into the operating agreement, no duties shall be implied under the operating agreement.
Md. Code, Alcoholic Beverages and Cannabis § 23-401 — MD Code / Article gab / Title 23 / Subtitle 4 / Section 23-401
§23–401.
Status: in_force

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

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–210 (“Class 8 farm brewery license”);

(9) § 2–211 (“Residency requirement”);

(10) § 2–212 (“Additional licenses”);

(11) § 2–213 (“Additional fees”);

(12) § 2–214 (“Sale or delivery restricted”);

(13) § 2–216 (“Interaction between manufacturing entities and retailers”);

(14) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(15) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article do not apply in the county:

(1) § 2–208 (“Class 6 pub–brewery license”); and

(2) § 2–215 (“Beer sale on credit to retail dealer prohibited”).

(c) Section 2–209 (“Class 7 micro–brewery license”) of Division I of this article applies in the county, subject to § 23–403 of this subtitle.
Md. Code, Insurance § 23-505 — MD Code / Article gin / Title 23 / Subtitle 5 / Section 23-505
§23–505.
Status: in_force

The holder of a power of attorney may not cancel an insurance contract because a delinquency and collection charge under § 23-306 of this title has not been paid.
Md. Code, Insurance § 23-302.1 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-302.1
§23–302.
Status: in_force

§23–302.1.

(a) An insured may finance an additional premium if:

(1) the insured has paid the down payment, if any, required by the premium finance company on the additional premium; and

(2) the premium finance company delivers or mails a written notice to the insured at the last known address of the insured indicating that:

(i) there is a revised premium finance agreement; and

(ii) in the event of default in payment of the revised premium finance agreement, the policy may be canceled.

(b) An insurer may not delay cancellation for the sole purpose of applying premiums on deposit to any additional premium.
Md. Code, Land Use § 23-201 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

(a) (1) The appropriate county planning board shall approve or disapprove a subdivision plat within 30 days after the plat is submitted to the county planning board.

(2) If the county planning board does not take action in accordance with paragraph (1) of this subsection:

(i) the plat shall be considered approved; and

(ii) the county planning board shall issue a certificate of approval on demand.

(3) An applicant may consent to an extension.

(b) A plat submitted to the county planning board shall contain the name and address of a person that may be sent notice of a hearing.

(c) (1) The county planning board shall hold a hearing before taking action on a subdivision plat, unless:

(i) the county planning board approves the plat exactly as the plat was submitted by the applicant to the county planning board; or

(ii) the applicant waives the hearing requirement in the application.

(2) At least 5 days before a hearing, the county planning board shall send notice of the hearing to the address included with the plat in accordance with subsection (b) of this section.

(3) Subdivision regulations may include provisions for:

(i) notice to owners of properties that would be substantially affected by approval of a subdivision plat;

(ii) public hearings on the applications; and

(iii) an appeal to the district council from a decision approving or disapproving a subdivision plat.

(d) The grounds for disapproval of a plat shall be stated on the records of the county planning board.
Md. Code, Education § 23-809 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-809
§23–809.
Status: in_force

(a) The Board shall submit a term of a collective bargaining agreement or memorandum of understanding entered into under §§ 23–807 and 23–808 of this subtitle to the County Executive with the Board’s recommendation regarding whether the agreement or the mediator’s decision requires an appropriation of additional funds.

(b) (1) The County Executive may approve or reject a request for additional funding under subsection (a) of this section, in whole or in part.

(2) If the County Executive approves a request under paragraph (1) of this subsection, the County Executive shall submit the request for additional funds to the County Council.

(c) The County Council may approve or reject a request for additional funding, in whole or in part.

(d) (1) If any part of a request for additional funding submitted to the County Executive or County Council under this subsection is rejected, the request for additional funds shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the County Executive and County Council.

(2) The renegotiation shall be completed within a timetable established by the County Executive.

(3) (i) If an impasse is reached, the employer and the certified exclusive representative shall submit a final offer, within the limits of the funding allocated by the County Executive and County Council, for the review of the County Executive.

(ii) The County Executive shall select one of the offers submitted under subparagraph (i) of this paragraph.

(iii) The selection of the County Executive is binding on all parties.

(e) (1) The employer and the certified exclusive representative are mutually obligated to:

(i) Meet at reasonable times in consideration of the county’s budget submission date; and

(ii) Negotiate in good faith on:

1. Wages, hours, and terms and conditions of employment; and

2. Drafting a written collective bargaining agreement that contains all matters agreed on and signed by authorized representatives of both parties.

(2) The obligation to negotiate in good faith under paragraph (1)(ii) of this subsection:

(i) Requires that an effort be made by both parties to arrive at an agreement and reduce the agreement to writing within a reasonable period of time; and

(ii) Does not require that any concession be made by either party.
Md. Code, Alcoholic Beverages and Cannabis § 23-503 — MD Code / Article gab / Title 23 / Subtitle 5 / Section 23-503
§23–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Alcoholic Beverages and Cannabis § 23-1301 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1301
§23–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”);

(3) § 4–1204 (“Class C per diem beer, wine, and liquor license”);

(4) § 4–1206 (“License to dispose of stock”);

(5) § 4–1207 (“Temporary move of licensed premises”);

(6) § 4–1208 (“Hours and days of sale”); and

(7) § 4–1209 (“Wine permit for fund–raising event”).

(b) Section 4–1205 (“License fees”) of Division I of this article does not apply in the county and is superseded by § 23–1312 of this subtitle.
Md. Code, Land Use § 23-205 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-205
§23–205.
Status: in_force

(a) This section applies only in Prince George’s County.

(b) (1) The county planning board shall approve or disapprove a preliminary subdivision plan within 70 days after the complete plan application is submitted to the county planning board.

(2) If the county planning board does not take action in accordance with paragraph (1) of this subsection:

(i) the plan shall be considered approved; and

(ii) the county planning board shall issue a certificate of approval on demand.

(3) The 70–day time period under paragraph (1) of this subsection does not include:

(i) the month of August; or

(ii) December 20 through January 3.

(c) (1) Each office to which the county planning board refers a preliminary subdivision plan shall return to the county planning board one copy of the plan and any comments noted on it within 30 days after the referral.

(2) If an office does not reply in accordance with paragraph (1) of this subsection, the plan shall be considered to be approved by the office.

(d) An applicant may consent to an extension not greater than 70 days.
Md. Code, State Personnel and Pensions § 23-303.1 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-303.1
§23–303.
Status: in_force

§23–303.1.

(a) This section applies to a member of the Employees’ Pension System or Teachers’ Pension System who has prior service in a part of the Employees’ Pension System or Teachers’ Pension System that is subject to a different rate of benefit accrual.

(b) A member who is subject to the contributory pension benefit, Alternate Contributory Pension Selection, or Reformed Contributory Pension Benefit is entitled to combine the member’s prior eligibility service with the member’s current service if the member:

(1) at the time of separation from employment, was entitled to a vested allowance from:

(i) the Employees’ Pension System; or

(ii) the Teachers’ Pension System;

(2) did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; and

(3) has completed 1 year of employment as a member of the pension benefit or selection in which the member is earning service credit as an active member at the time the prior service credit is combined with the current service credit.

(c) A member who is subject to the noncontributory pension benefit is entitled to combine the member’s prior eligibility service with the member’s current service if the member did not transfer to the Employees’ Pension System or Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998.

(d) (1) A member may combine the member’s prior credit for eligibility service with the member’s current service under this section if the member:

(i) completes a claim for the service credit and files it with the Board of Trustees on the form that the Board of Trustees provides at any time before retirement; and

(ii) deposits into the annuity savings fund the amounts required under subsection (f), (g), (h), or (i) of this section.

(2) When a member combines credit for eligibility service under this section, the member has no further rights in the prior system.

(e) If a member withdrew the member’s accumulated contributions after the prior separation from employment, the member shall:

(1) redeposit any of the amounts withdrawn with regular interest to the date of redeposit; or

(2) on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.

(f) (1) A member subject to the contributory pension benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:

(i) for prior eligibility service earned before July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the contributory pension benefit on the date the application to combine prior credit for eligibility service is submitted;

(ii) for prior eligibility service earned on or after July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the contributory pension benefit when the prior eligibility service was earned; and

(iii) regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.

(2) (i) A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.

(ii) If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.

(g) (1) A member subject to the Alternate Contributory Pension Selection may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:

(i) for prior eligibility service earned before July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Alternate Contributory Pension Selection on the date the application to combine prior credit for eligibility service is submitted;

(ii) for prior eligibility service earned on or after July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Alternate Contributory Pension Selection when the prior eligibility service was earned; and

(iii) regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.

(2) (i) A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.

(ii) If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.

(h) (1) A member subject to the Reformed Contributory Pension Benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:

(i) for prior eligibility service earned before July 1, 2011, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Reformed Contributory Pension Benefit on the date the application to combine prior credit for eligibility service is submitted;

(ii) for prior eligibility service earned on or after July 1, 2011, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Reformed Contributory Pension Benefit when the prior eligibility service was earned; and

(iii) regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.

(2) (i) A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.

(ii) If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.

(i) (1) Subject to subsection (c) of this section, a member subject to the noncontributory pension benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:

(i) an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the noncontributory pension benefit when the prior eligibility service was earned; and

(ii) regular interest on the amounts under item (i) of this paragraph, at the rate specified under § 23–213 of this title.

(2) (i) A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.

(ii) If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.
Md. Code, Transportation § 23-203 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-203
§23–203.
Status: in_force

(a) (1) By rules and regulations, the Administration and the Secretary shall provide for the establishment of facilities to conduct any tests or inspections required to be performed under this subtitle.

(2) If the Administration and the Secretary determine that the system can be installed and operated more effectively and economically by an independent contractor than if installed and operated by the Administration and the Secretary, the Administration and the Secretary may award the installation and operation of the inspection facilities to an independent contractor selected in accordance with the bidding procedures established by the laws of this State.

(3) (i) If, on or after July 1, 1991, the Administration and Secretary are required by federal law to extend the emissions control program to additional areas of the State and the Administration and Secretary determine that the inspection facilities can be installed and operated more effectively and economically by one or more independent contractors than if installed and operated by the Administration and Secretary, the Administration and Secretary may:

1. Award the installation and operation of the inspection facilities to one independent contractor for the installation and operation of all inspection facilities in this State; or

2. Create separate regions of the areas of the State required to participate in an emissions control program for the purpose of separately awarding contracts for the installation and operation of the inspection facilities required for each region to one or more independent contractors.

(ii) All independent contractors shall be selected in accordance with the procedures established under the State Finance and Procurement Article.

(iii) The Administration and the Secretary may establish a statewide centralized or decentralized program or any combination of centralized and decentralized programs in separate regions of the State.

(b) If the program is awarded to an independent contractor to operate centralized inspection facilities, the facilities shall be provided, equipped, and maintained by the independent contractor, and the operating personnel of the facilities shall be employees of the contractor, and not of the State, and the contractor may not perform emissions related repairs as defined in § 23–201 of this subtitle.

(c) The Administration and the Secretary shall determine, on or before March 1, 1998, whether the following criteria for establishing a decentralized retesting program have been satisfied:

(1) Testing equipment and procedures, yielding results that correlate to tests and inspections performed at centralized inspection facilities in the State within 95% accuracy or within a different degree of accuracy approved by the Administration and the Secretary, are feasible for use in certified repair facilities approved for retesting of vehicles; and

(2) The establishment of a decentralized retesting option in the State does not result in a loss of emissions reduction benefits to the State under the federal Clean Air Act.

(d) If the Administration and the Secretary determine that the criteria listed in subsection (c) of this section have not been met in a given year, they shall determine, on or before March 1 of the succeeding year, whether the criteria have been satisfied in the intervening period.

(e) Notwithstanding subsections (a) and (b) of this section, if the program is awarded to an independent contractor to operate centralized inspection facilities and if the Administration and the Secretary have determined that the criteria listed in subsection (c) of this section have been satisfied, the Administration and the Secretary shall propose regulations to:

(1) Allow the owner of a vehicle that fails an exhaust emissions test or emissions equipment and misfueling inspection at a centralized inspection facility to have the vehicle retested at either a centralized inspection facility or an approved certified repair facility;

(2) Allow a certified repair facility to retest vehicles if approved for that purpose by the Department of the Environment;

(3) Require the initial exhaust emissions test and emissions equipment and misfueling inspection in each biennial test cycle to be performed at a centralized inspection facility;

(4) Establish criteria for testing equipment, procedures, and reporting of retests for approved certified repair facilities;

(5) Provide for the suspension, revocation, or denial of renewal of approval for a certified repair facility to perform retests if the Secretary, or the Secretary’s designee, determines that the facility has performed fraudulent retests or is not in compliance with the regulations adopted under this subsection; and

(6) Establish a reasonable fee for approval of a certified repair facility to perform retests, covering the costs of the approvals and oversight of the decentralized retesting program.
Md. Code, Alcoholic Beverages and Cannabis § 23-1603 — MD Code / Article gab / Title 23 / Subtitle 16 / Section 23-1603
§23–1603.
Status: in_force

The Board may not issue any license with an off–sale privilege for use in a business that is intended to be operated as a drive–through sales facility at which alcoholic beverages are:

(1) sold at retail; and

(2) dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.
Md. Code, Alcoholic Beverages and Cannabis § 23-1403.1 — MD Code / Article gab / Title 23 / Subtitle 14 / Section 23-1403.1
§23–1403.
Status: in_force

§23–1403.1.

An individual who is a resident of the State meets the residency requirements under § 4–103 of this article.
Md. Code, Public Utilities § 23-309 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-309
§23–309.
Status: in_force

(a) If the Commission becomes legally liable to a third party as a direct result of a modification of a previous approval of a major project by Montgomery County or Prince George’s County, the county directing the change is responsible for the liability that results from the change.

(b) The County Executive or County Council of Montgomery County or the County Executive of Prince George’s County shall settle or release a claim for liability under subsection (a) of this section by:

(1) negotiating with the claimant; or

(2) paying the final judgment of a court award.

(c) In litigation resulting from a claim for liability under subsection (a) of this section, the County Executive or County Council of Montgomery County and the County Executive of Prince George’s County may:

(1) intervene in a court proceeding before judgment; and

(2) interpose defenses available to the county or the Commission.
Md. Code, Alcoholic Beverages and Cannabis § 23-2003 — MD Code / Article gab / Title 23 / Subtitle 20 / Section 23-2003
§23–2003.
Status: in_force

(a) Except as otherwise restricted by the Board:

(1) a holder of a 6–day Class A beer and light wine license may sell beer and light wine on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) a holder of a 7–day Class A beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b) (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class B beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer or light wine at a bar or counter on Sunday.

(c) A holder of a Class B beer and light wine (B–SBW) (off–sale) license may sell beer and light wine on Monday through Sunday, from 10 a.m. to midnight.

(d) (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class C beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer or light wine at a bar or counter on Sunday.

(e) Except as otherwise provided by the Board:

(1) a holder of a 6–day Class D beer and light wine license may sell beer and light wine on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) a holder of a 7–day Class D beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.
Md. Code, Education § 23-903 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-903
§23–903.
Status: in_force

(a) An employee who may effectively recommend an action listed in § 23–901(i) of this subtitle may be deemed a management employee if the employee’s exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature.

(b) The exercise of any single function listed in § 23–901(i) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a management employee within the meaning of the definition.

(c) In differentiating a management employee from a nonmanagement employee:

(1) A class title alone may not be the basis for determination; and

(2) The nature of the management employee’s work, including whether a significant portion of the management employee’s working time is spent as part of a team that includes nonmanagement employees, shall be considered.
Md. Code, Alcoholic Beverages and Cannabis § 23-1001 — MD Code / Article gab / Title 23 / Subtitle 10 / Section 23-1001
§23–1001.
Status: in_force

(a) There is a Class C (conference center) beer, wine, and liquor license.

(b) The Board may issue the license for use by a conference center or to its owner, whether or not operated for profit, that has:

(1) at least 7,000 square feet of conference area; and

(2) accommodations, equipment, and facilities designed for holding meetings, seminars, and conferences.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 23–2004 of this title.

(e) The annual license fee is $700.
Md. Code, Public Utilities § 23-301 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-301
§23–301.
Status: in_force

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

(b) (1) “Major project” means an extension, project, or program of water and sewer facilities.

(2) “Major project” includes:

(i) a sewer main at least 15 inches in diameter;

(ii) a water main at least 16 inches in diameter; and

(iii) a sewage or water pumping station, force main, and storage or other major facility.

(3) “Major project” does not include a sewer main or water main that:

(i) provides only local service;

(ii) is 2,000 feet or less; and

(iii) is built to avoid unnecessary and uneconomical duplication when a major project is constructed.

(c) “Program” means a 6–year projected program by the Commission of capital improvements for water and sewer facilities.
Md. Code, Education § 23-803 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-803
§23–803.
Status: in_force

Employees of the employer may:

(1) Form, join, and participate in an employee organization;

(2) Bargain collectively through a certified exclusive representative of their choice;

(3) Engage in lawful concerted activities for their mutual aid and protection; and

(4) Refrain from any activity covered under items (1) through (3) of this section.
Md. Code, Land Use § 23-504 — MD Code / Article glu / Title 23 / Subtitle 5 / Section 23-504
§23–504.
Status: in_force

This part applies only in Montgomery County.
Md. Code, Insurance § 23-208 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-208
§23–208.
Status: in_force

(a) Subject to the hearing provisions of Title 2 of this article, the Commissioner may deny a registration to an applicant or suspend, revoke, or refuse to renew the registration of a registrant if the Commissioner finds that the applicant or registrant has:

(1) failed to comply with a lawful requirement of the Commissioner under this title;

(2) violated a provision of this title;

(3) made a material misstatement in the application for registration;

(4) engaged in fraudulent or dishonest practices; or

(5) demonstrated incompetency or untrustworthiness to engage in the business of a premium finance company.

(b) (1) Instead of or in addition to suspending, revoking, or refusing to renew a registration, the Commissioner may:

(i) impose on the registrant a penalty of not less than $25 but not exceeding $1,000 for each violation of this article, up to a maximum of $20,000 in the event of multiple violations; or

(ii) require that restitution be made by a registrant that violates this title to a person that has suffered financial injury as a result of a violation of this title.

(2) For purposes of this subsection, restitution means the sum of money that, if paid to a person that suffers financial injury as a result of violation of this title, will restore the person to the same financial position the person would have been in had the violation not occurred.

(c) (1) A premium finance company that delegates administration of a premium finance agreement to a third party is responsible for a violation of any provision of this title by the third party in the administration of the premium finance agreement, regardless of the delegation.

(2) For purposes of this subsection, the following acts by an insurance producer in relation to a premium finance agreement are not considered to be the administration of the premium finance agreement:

(i) signing a premium finance agreement;

(ii) accepting payments; or

(iii) issuing receipts.
Md. Code, Insurance § 23-404 — MD Code / Article gin / Title 23 / Subtitle 4 / Section 23-404
§23–404.
Status: in_force

(a) All statutory, regulatory, and contractual restrictions that provide that the insured may not cancel an insurance contract unless notice is given to a governmental agency, mortgagee, or other third party shall apply to a cancellation made under this subtitle.

(b) If an insurer is required under subsection (a) of this section to give notice on behalf of itself or the insured, the insurer shall:

(1) give notice to the governmental agency, mortgagee, or other third party; and

(2) compute the effective date of cancellation from the day the insurer receives the notice of cancellation from the premium finance company.
Md. Code, State Personnel and Pensions § 23-215.1 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-215.1
§23–215.
Status: in_force

§23–215.1.

(a) This section applies to a member who:

(1) on or before June 30, 2011, is subject to the Alternate Contributory Pension Selection;

(2) (i) is separated from employment for 4 years or less;

(ii) 1. is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and

2. resumes employment within 1 year of leaving military service in a position that is included in the Employees’ Pension System or Teachers’ Pension System; or

(iii) is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance in the Alternate Contributory Pension Selection under Title 29, Subtitle 3 of this article;

(3) does not withdraw the member’s accumulated contributions; and

(4) does not become a retiree.

(b) A member described in subsection (a) of this section who resumes employment in a position that is included in the Employees’ Pension System or Teachers’ Pension System, shall resume participation in the Alternate Contributory Pension Selection if the employer participates in the Alternate Contributory Pension Selection.
Md. Code, Education § 23-804 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-804
§23–804.
Status: in_force

(a) The employer and the certified exclusive representative have a responsibility to engage in good faith bargaining over matters required by law.

(b) The employer and the certified exclusive representative jointly shall be responsible for fostering a positive labor relations environment based on mutual trust, respect, communication, and cooperation.

(c) The goal of collective bargaining is the delivery of quality public services to the residents of the State in a manner that is consistent and compliant with law.
Md. Code, State Personnel and Pensions § 23-309 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-309
§23–309.
Status: reserved

(a) For the purpose of computing benefits under this title, creditable service consists of:

(1) eligibility service as adjusted under subsection (b) of this section; and

(2) credit for unused sick leave as provided in § 20-206 of this article and § 23-310 of this subtitle.

(b) (1) This subsection does not apply to eligibility service that consists of:

(i) service credit transferred from another retirement or pension system;

(ii) military service credit granted under Title 38 of this article; or

(iii) service credit purchased under this subtitle.

(2) The Board of Trustees shall adjust a member’s eligibility service as provided in this subsection.

(3) (i) The Board of Trustees shall adopt regulations to determine for any fiscal year the amount of creditable service that equals the eligibility service for a member who has completed less than the normal hours of employment for the member’s position.

(ii) The normal hours of employment for a position equals the minimum number of hours to be completed by a full-time employee serving in the member’s position.

(iii) The creditable service recognized for a fiscal year may not be less than the eligibility service for the member multiplied by a fraction not to exceed 1 that has:

1. as its numerator, the number of hours of employment as a member that the member has completed during that year; and

2. as its denominator, the normal number of hours of employment for the member’s position.
Md. Code, Alcoholic Beverages and Cannabis § 23-201 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

In this subtitle, “Hearing Board” means the Appointed Alcoholic Beverage Hearing Board established under § 23–204 of this subtitle.
Md. Code, Insurance § 23-302 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-302
§23–302.
Status: in_force

(a) A copy of each premium finance agreement or other notice of a premium finance agreement that describes the policy or policies involved shall be given to the agency issuing the policy or policies or to the insurers involved.

(b) (1) If a policy is procured through a surplus lines broker licensed in the State, and payment is not made directly to the surplus lines broker or the insurer, a copy of the premium finance agreement or other notice of the premium finance agreement shall be sent to the surplus lines broker by the insurance producer or premium finance company.

(2) A premium finance company may require an insurance producer who procures premium financing to:

(i) send to the surplus lines broker the notice required under paragraph (1) of this subsection within 10 business days of the execution of a premium finance agreement; and

(ii) provide to the premium finance company, within 10 business days of receipt of a policy, the insurer’s name, policy number, and any other information necessary to complete a premium finance agreement.

(c) When a premium finance agreement is signed, the premium finance company, or the insurance producer, if applicable, shall provide the insured with, or cause the insured to be provided with, a legible copy of the fully completed and executed premium finance agreement.
Md. Code, Transportation § 23-104 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-104
§23–104.
Status: in_force

The Administration and the Division jointly shall adopt, consistent with federal law, regulations establishing equipment, performance, and other technical standards for:

(1) Motor vehicles;

(2) Autocycles; and

(3) Low speed vehicles.
Md. Code, Alcoholic Beverages and Cannabis § 23-1802 — MD Code / Article gab / Title 23 / Subtitle 18 / Section 23-1802
§23–1802.
Status: reserved

If a license holder fails to file a license renewal application by April 1 of each year, the Board shall:

(1) consider the license to be expired as of its termination date; or

(2) impose a penalty on the license holder of $50 for each day the application is late.
Md. Code, Insurance § 23-309 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-309
§23–309.
Status: in_force

A premium finance company may not charge an insured or a prospective insured any fee for the expense that the premium finance company incurs in obtaining a comprehensive loss underwriting exchange automobile report (CLUE report) regarding the insured or prospective insured if a producer already has charged the insured or prospective insured for obtaining the report.
Md. Code, Alcoholic Beverages and Cannabis § 23-2601 — MD Code / Article gab / Title 23 / Subtitle 26 / Section 23-2601
§23–2601.
Status: in_force

Title 6, Subtitle 2 (“Enforcement”) of Division I of this article applies in the county without exception or variation.
Md. Code, Alcoholic Beverages and Cannabis § 23-1503 — MD Code / Article gab / Title 23 / Subtitle 15 / Section 23-1503
§23–1503.
Status: in_force

In determining whether to approve an application for any new Class A license, the Hearing Board shall include in its written decision findings as to:

(1) each of the factors set forth under § 4–210(a) of this article; and

(2) the consideration of the avoidance of the overconcentration of licenses in neighborhoods, particularly neighborhoods of poverty, as required under § 23–1509 of this subtitle.
Md. Code, Land Use § 23-106 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-106
§23–106.
Status: in_force

(a) In addition to any other authority granted by this division, the County Council of Montgomery County and the County Council of Prince George’s County, by local law, may impose in their respective counties standards and requirements for the purpose of avoiding scattered or premature subdivision or development of land because of the inadequacy of transportation, water, sewerage, drainage, school, or other public facilities.

(b) (1) This subsection does not apply to any property located in an infrastructure finance district approved before January 1, 2000.

(2) Notwithstanding subsection (a) of this section, the County Council of Prince George’s County shall impose adequate public facilities standards and requirements under subsection (a) of this section with respect to schools.
Md. Code, Education § 23-111 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-111
§23–111.
Status: in_force

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

(2) “Affiliated service” means a book–gifting service performed by a nonprofit organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code or a unit of State, county, or municipal government that forms an affiliated partnership with an early reader organization.

(3) “Early reader organization” means a nonprofit organization:

(i) That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and

(ii) Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.

(4) “Program” means the Young Readers Matching Grant Program.

(b) There is a Young Readers Matching Grant Program in the State Library Agency.

(c) The purpose of the Program is to provide grants to public libraries and affiliated services to:

(1) Support the establishment and operation of affiliated services; and

(2) Contribute an amount equal to the amount of funding provided for the operation of an affiliated service.

(d) The State Librarian shall administer the Program.

(e) (1) A public library or an affiliated service may submit an application for a program grant on the form that the State Librarian requires.

(2) An application for a program grant shall include a plan to ensure that the public library or the affiliated service is able to gift books to eligible children, including children in low–income zip codes within its area of service.

(3) A program grant shall be disbursed to a public library or an affiliated service that qualifies for the Program.

(f) The State Library Board shall:

(1) On or before December 1, 2024, and every other year thereafter, report to the General Assembly on the effectiveness of the Program in accordance with § 2–1257 of the State Government Article; and

(2) Collect statistics and other information necessary for this purpose.

(g) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $350,000 to the Program.
Md. Code, Transportation § 23-206 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-206
§23–206.
Status: in_force

(a) An owner of a motor vehicle that is registered in this State shall have the vehicle inspected and tested as required under this subtitle.

(b) A motor vehicle registered in this State, unless exempted or given a waiver under this subtitle, shall meet the standards and requirements of this subtitle.

(c) Notwithstanding any rule or regulation to the contrary, the owner of any gasoline powered motor vehicle registered under § 13-916 of this article, with a maximum gross weight up to and including 26,000 pounds, shall have the vehicle inspected and tested as required under this subtitle.
Md. Code, State Personnel and Pensions § 23-226 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-226
§23–226.
Status: in_force

(a) Except as provided in subsection (b) of this section, a member who is subject to this Part IV of this subtitle shall:

(1) receive an allowance for all creditable service as follows:

(i) for normal service retirement as provided in § 23–401(f) of this title;

(ii) for early service retirement as provided in § 23–402(c) of this title;

(iii) for a vested allowance as provided in § 29–303(b–1) of this article;

(iv) for ordinary disability retirement as provided in § 29–108 of this article; and

(v) for accidental disability retirement as provided in § 29–110 of this article;

(2) have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–408 of this article; and

(3) make the member contributions at the rate specified in § 23–212(d) of this subtitle.

(b) A member described in § 23–225(a)(2) of this subtitle is not subject to this Part IV of this subtitle with respect to the service credit earned in the member’s previous membership.
Md. Code, Education § 23-507 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-507
§23–507.
Status: in_force

(a) The State Librarian shall authorize the State Comptroller to withhold State funds from any county that fails:

(1) To appropriate the amount of its share of the minimum program; or

(2) To meet the requirements of the law or of the State Library Board for operating the county library.

(b) (1) The Comptroller shall withhold all State funds from a county that the State Library Board certifies has failed to operate the county library system consistent with the State standards for libraries.

(2) The Comptroller shall continue to withhold funds under paragraph (1) of this subsection until the State Library Board certifies that the county has adopted a written policy for the operation of the county library system consistent with the State standards for libraries.
Md. Code, Transportation § 23-402 — MD Code / Article gtr / Title 23 / Subtitle 4 / Section 23-402
§23–402.
Status: in_force

(a) (1) The Secretary of the Environment, the Secretary of State Police, and the Secretary of Transportation shall jointly establish, by regulation, a Diesel Vehicle Emissions Control Program.

(2) The Secretary of the Environment, the Secretary of State Police, and the Secretary of Transportation shall jointly adopt regulations to implement, administer, regulate, and enforce the provisions of this subtitle.

(b) Regulations adopted under this subtitle shall establish requirements for:

(1) Establishing diesel vehicle emissions standards;

(2) Emissions tests for diesel vehicles that may include direct emissions measurements;

(3) Emissions test equipment;

(4) Subject to § 23-403 of this subtitle, establishing emissions test procedures, based on information available from the U.S. Environmental Protection Agency and information regarding standards issued by the Society of Automotive Engineers, that provide for conducting an emissions test; and

(5) Establishing certification requirements for emissions inspectors.
Md. Code, Education § 23-406 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-406
§23–406.
Status: reserved

(a) Each board of library trustees:

(1) Shall select and appoint a professional librarian eligible for certification as director of the library to serve at the pleasure of the board; and

(2) May delegate to the director its authority to appoint any other necessary employees.

(b) Each board of library trustees shall establish policies for:

(1) Staff classification;

(2) Salaries;

(3) Work conditions;

(4) Suspension with pay;

(5) Grievance procedures;

(6) Benefits, including vacation and sick leave;

(7) Hours of work; and

(8) Any other personnel procedures and practices necessary for the efficient operation of the library.

(c) Each professional public librarian appointee to the professional library staff:

(1) Shall hold a certificate of library qualifications issued by the State Superintendent; or

(2) (i) Shall be eligible for State certification as a professional public librarian; and

(ii) Shall apply for certification within 6 months of starting employment.

(d) (1) The director or the director’s designee may suspend a library employee without pay for a specified period up to 10 working days, for the following reasons:

(i) Misconduct in office;

(ii) Insubordination;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) (i) The director or the director’s designee shall give the suspended employee a written statement that specifies the reasons for the suspension.

(ii) The director or the director’s designee shall place a copy of the written statement that specifies the reasons for the suspension in the employee’s official personnel file.

(3) (i) The employee shall have the opportunity to reply in writing to the director within 10 working days after the employee receives notice of the suspension.

(ii) The employee may request a hearing before the board of trustees within 10 working days after receiving notice of the suspension.

(iii) If the employee requests a hearing within the 10–day period, the board shall promptly hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.

(4) If an employee is suspended without pay and found not guilty of the reasons for the suspension, the board shall refund all pay benefits lost by reason of the suspension to the employee.

(5) Suspension of an employee with pay shall be as provided by the library’s personnel policy.

(e) (1) On written recommendation of the library director, each board of library trustees may dismiss any library employee under its jurisdiction for any of the following reasons:

(i) Misconduct in office;

(ii) Insubordination;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) (i) Before removing an employee, the director shall send the employee a written copy of the charges against the employee and give the employee an opportunity to request a hearing before the board within 10 working days.

(ii) If the employee requests a hearing within the 10–day period the board promptly shall hold a hearing, but a hearing may not be set within 10 working days after the board sends the employee a notice of the hearing.

(iii) The employee shall have an opportunity to be heard publicly before the board in his own defense, in person or by counsel and to bring witnesses to the hearing.

(3) If the board votes to remove the employee and:

(i) The decision is unanimous, the decision of the board is final; or

(ii) The decision is not unanimous, the employee may appeal to the State Library Board through the State Librarian.

(f) If the board of library trustees adopts a written policy consistent with the State standards for libraries, an employee may not be dismissed, suspended, disciplined, demoted, reassigned, transferred, or otherwise retaliated against for performing their job duties consistent with the adopted written policy.

(g) The director of each library shall:

(1) Act as the general executive officer of the library and be responsible for the management of its operations in accordance with policies approved by the board of library trustees;

(2) Prepare the annual budget of the library, and present it to the board for approval;

(3) Nominate for appointment all library employees in the county library system; and

(4) Establish reasonable rules and adopt regulations for the use of the library system subject to approval by the board of library trustees.
Md. Code, State Personnel and Pensions § 23-310 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-310
§23–310.
Status: in_force

The Board of Trustees shall treat a member’s credit for unused sick leave as creditable service on or after July 1, 1998, if at the time of retirement, the member is:

(1) subject to the contributory pension benefit or the Alternate Contributory Pension Selection; and

(2) entitled to service credit for unused sick leave under § 20–206 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 23-1701 — MD Code / Article gab / Title 23 / Subtitle 17 / Section 23-1701
§23–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation:

(1) §�4–303�(“Chain store, supermarket, or discount house”);

(2) §�4–304�(“Compliance with Bulk Transfers Act required”); and

(3) §�4–305�(“Filing fees and endorsement”).

(b) Section 4–306 (“Substitution of names of officers on license”) of Division I of this article does not apply in the county and is superseded by § 23–1705 of this subtitle.

(c) Section 4–302 (“Transfer of place of business; transfer of license and inventory”) of Division I of this article applies in the county, subject to § 23–1702 of this subtitle.
Md. Code, Education § 23-907 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-907
§23–907.
Status: in_force

(a) (1) An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the employer indicating this intent.

(2) The petition shall contain:

(i) A request that the employer recognize the employee organization as the exclusive representative of the employees in the bargaining unit;

(ii) A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;

(iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, gender, age, political affiliation, national origin, religion, marital status, or disability; and

(iv) A statement that the employee organization has in its possession written proof dated not more than 18 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit:

1. Have designated the employee organization to represent them in their employment relations with the employer; or

2. Are members of the employee organization.

(3) Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section.

(4) The employee organization and the employer shall equally bear any costs associated with the verification.

(b) (1) (i) When an employee organization or employees in a bargaining unit file a petition with the employer, the employee organization or employees shall select a neutral decision maker from a referral or list of arbitrators provided by the Federal Mediation and Conciliation Service.

(ii) The employee organization or employees in the bargaining unit shall submit to the neutral decision maker selected under subparagraph (i) of this paragraph the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 18 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the public library system administration.

(2) The employee organization shall copy the employer on the request for a neutral decision maker in order for the public library system to receive notice of the selection of the neutral decision maker for the certification process.

(c) (1) (i) Subject to subparagraph (ii) of this paragraph, within 2 calendar days after the day on which the employer receives the petition, the employer shall submit to the employee organization and neutral decision maker:

1. A list of employees in the bargaining unit that identifies each employee that the employer contends should be excluded as an eligible voter or from the bargaining unit; and

2. A statement explaining the reason for each exclusion.

(ii) If a neutral decision maker has not been selected when the employer is required to submit the list required under subparagraph (i) of this paragraph, the employer shall instead submit the list within 1 calendar day after the neutral decision maker has been selected.

(iii) If the employer fails to provide an explanation as required under item (i)2 of this paragraph, the employer may not challenge the eligibility of an employee’s vote in an election or the eligibility to submit a showing of interest form for purposes of subsection (d)(3) of this section.

(2) If the employer fails to submit the list of employees to the employee organization or neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization.

(d) (1) The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the employer.

(2) If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the employer of the determination.

(3) If the employee organization submits a showing of interest of at least 50% of the employees in an unrepresented bargaining unit:

(i) The neutral decision maker shall issue to each participant in an election a certification of representation; and

(ii) The employer shall recognize the employee organization as the certified bargaining representative of the employees at issue.

(e) An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit.

(f) (1) The employer shall notify all employees within the proposed bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot.

(2) The ballot for an election shall include the following choices:

(i) In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and

(ii) No exclusive representation.

(g) An employee organization may intervene in the election and have its name placed on the ballot if:

(1) The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed;

(2) The employee organization certifies that at least 30% of the employees of the unit:

(i) Have designated the employee organization to represent them in their employment relations with the public library system administration; or

(ii) Are members of the employee organization; and

(3) The showing of interest is verified as provided in this section.

(h) (1) Within 15 days after a neutral decision maker is selected, the neutral decision maker shall hold a conference with the parties during which all objections to the petition and the conduct of the election must be raised.

(2) (i) The election shall be conducted:

1. According to the procedures established by the neutral decision maker from the Federal Mediation and Conciliation Service conducting the election;

2. Subject to subparagraph (ii) of this paragraph, in consultation with the parties that attended the conference required under paragraph (1) of this subsection; and

3. Within 90 days after the day of filing the petition with the employer.

(ii) 1. An employee organization on a ballot may request a preferred method of voting.

2. The neutral decision maker shall designate the method of voting based on the request of the employee organizations on the ballot.

3. If there is a dispute between two or more employee organizations on the ballot over the method of voting, the neutral decision maker may designate the method of voting.

(3) An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held.

(4) (i) If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.

(ii) The choice receiving the majority of the valid votes cast in the runoff election shall be certified.

(5) The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen.

(i) (1) If the employer disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees and classifications of employees in the bargaining unit, all the employees in the petitioned–for group shall have the opportunity to vote in the election.

(2) Subject to paragraph (3) of this subsection, the ballots of challenged employees shall remain sealed and be set aside until the ballots of employees who are not in dispute have been tallied.

(3) (i) If the total number of ballots of challenged employees does not have an impact on the election result:

1. The parties may not count the ballots of challenged employees; and

2. The neutral decision maker shall resolve the dispute over the challenged employees after the election is certified through a hearing.

(ii) If the total number of ballots of challenged employees does have an impact on the election result, the parties shall immediately refer the dispute to the neutral decision maker from the Federal Mediation and Conciliation Service to resolve the dispute through a hearing.

(4) (i) The neutral decision maker shall hold a hearing on the dispute referred under paragraph (3)(ii) of this subsection:

1. With the parties presenting evidence on their positions; and

2. Within 30 days after the election has concluded.

(ii) If the neutral decision maker finds that challenged employees are properly included within the bargaining unit, the ballots of the challenged employees shall be counted in the total tally for the election.

(iii) 1. The neutral decision maker shall issue a decision within 30 days after the hearing concludes.

2. The neutral decision maker’s findings shall be final and binding on the parties.

(j) (1) If employees are represented by an employee organization, employees may file a petition with the employer that contains the following:

(i) An assertion that the majority of the employees no longer wish to be represented by the employee organization;

(ii) A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and

(iii) A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.

(2) (i) The petition shall be processed as described in this section, including verification of proof of interest and an election.

(ii) An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.
Md. Code, Land Use § 23-102 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-102
§23–102.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, a subdivision plat of land in the regional district may not be admitted to the land records of Montgomery County or Prince George’s County, or received or recorded by the clerks of the courts of the respective county, unless:

(i) the plat has been submitted to and approved by the applicable county planning board; and

(ii) the chair of the county planning board and the secretary–treasurer of the Commission endorse an approval in writing on the plat.

(2) The recordation of a subdivision plat without the approval of the county planning board is void.

(b) (1) In Prince George’s County, if the subdivision regulations distinguish between a major subdivision and a minor subdivision, the Commission may provide for the approval of a minor subdivision plat by the planning director.

(2) The planning director’s endorsement in writing on the minor subdivision plat is sufficient evidence of approval for the purpose of filing or recording the plat.

(c) A subdivision in a municipal corporation with subdivision authority under Division II of the Local Government Article that is in the regional district may be recorded in the land records of Montgomery County or Prince George’s County if:

(1) the subdivision plat has been submitted to and approved by the municipal corporation; and

(2) the appropriate official of the municipal corporation endorses an approval in writing on the plat.

(d) (1) The county planning board may set a schedule of fees to be paid to the Commission for performance of the county planning board’s subdivision functions.

(2) The fees shall be:

(i) based on the estimated costs of services to be performed by the county planning board in connection with the consideration of subdivision plats and incidental work; and

(ii) paid into the Commission’s administrative fund established under § 18–307 of this article before a subdivision plat is approved or disapproved.

(e) (1) After a subdivision plat has been recorded by the clerk of the appropriate circuit court, the plat shall be firmly fixed in a well–bound book kept by the clerk of the court for recording plats.

(2) The clerk may collect a fee that the clerk determines is reasonable for recording a subdivision plat.

(f) (1) A subdivision plat shall be prepared in a manner required by the Commission by regulation.

(2) An approved subdivision shall have permanent markers, bound stones, or stations:

(i) as required by the Commission; and

(ii) that are shown on the subdivision plat.

(3) A copy of an approved subdivision plat shall be provided to the Commission and to the district council of the county where the land is located.
Md. Code, Alcoholic Beverages and Cannabis § 23-1307 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1307
§23–1307.
Status: in_force

(a) There is a beer and wine tasting (BWT) license.

(b) The Board may issue the license to a holder of a Class A beer, wine, and liquor (BWL) license or Class A beer and wine (BW) license.

(c) The license authorizes the holder to allow the on–premises consumption, for tasting, of:

(1) beer; or

(2) wine containing not more than 15.5% of alcohol by volume.

(d) A license holder may serve:

(1) wine in a quantity of not more than 2 ounces from each offering and not more than 8 ounces from all offerings to an individual in a day; or

(2) beer in a quantity of not more than 6 ounces from each offering and not more than 16 ounces from all offerings to an individual in a day.

(e) In addition to the fee of any other alcoholic beverages license, the annual license fee is $100.
Md. Code, Alcoholic Beverages and Cannabis § 23-1507 — MD Code / Article gab / Title 23 / Subtitle 15 / Section 23-1507
§23–1507.
Status: in_force

(a) If a license application is denied, another license application from the same applicant or for the same location may not be considered for 1 year after the denial.

(b) If a subsequent license application by the same applicant or for the same location is denied within a 2–year period after the first denial, another application may not be considered from that applicant or for that location until the 2–year period expires.
Md. Code, State Personnel and Pensions § 23-406 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-406
§23–406.
Status: in_force

(a) The Board of Trustees shall reduce a member’s allowance if the member:

(1) received any accumulated contributions, other than additional contributions, in connection with a prior separation from employment;

(2) is credited with prior eligibility service; and

(3) does not repay, with interest to the date of retirement, the amount received.

(b) A reduction under subsection (a) of this section shall equal the actuarial equivalent of the amount, including interest, that is not repaid.
Md. Code, Alcoholic Beverages and Cannabis § 23-2301 — MD Code / Article gab / Title 23 / Subtitle 23 / Section 23-2301
§23–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, Insurance § 23-501 — MD Code / Article gin / Title 23 / Subtitle 5 / Section 23-501
§23–501.
Status: in_force

A premium finance company, or an insurance producer, if applicable, may not require an insured or prospective insured to purchase or finance add-on coverage, as defined in § 20-504 of this article, as a condition of financing the premium for an insurance contract issued by the Maryland Automobile Insurance Fund.
Md. Code, Alcoholic Beverages and Cannabis § 23-1007 — MD Code / Article gab / Title 23 / Subtitle 10 / Section 23-1007
§23–1007.
Status: in_force

(a) There is a Class C (veterans’ club) license.

(b) (1) The Board may issue the license for use by a club that:

(i) is composed exclusively of members who served in the armed forces of the United States;

(ii) is affiliated with a national organization; and

(iii) has at least 75 members who have paid the dues required by its national organization in the year immediately preceding the year for which the license is sought.

(2) For the license to be issued:

(i) at least 75% of the members of the club shall have resided in the county for at least 2 years immediately preceding the date of application for the license; and

(ii) the club shall have maintained a post in the county for at least 3 years preceding the date of the application.

(c) The license authorizes the license holder to sell at retail at the place described in the license beer, wine, and liquor to members of the club and guests accompanied by members for on–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 23–2004 of this title.

(e) The annual license fee is $250.
Md. Code, Education § 23-812 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-812
§23–812.
Status: in_force

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

(2) “Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment.

(3) “Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county.

(4) “Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter.

(5) “Work stoppage” means:

(i) The willful absence of a group of employees from their positions;

(ii) The engaging in a slowdown by employees; or

(iii) The refusal of employees to perform job duties.

(b) In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.

(c) (1) Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott.

(2) Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott.

(d) If an employee organization violates this section, the Board, after a majority vote, may:

(1) Revoke the employee organization’s designation as certified exclusive representative;

(2) Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and

(3) Terminate immediately the payroll deductions for the employee organization’s dues.

(e) An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause.

(f) (1) The employer may not direct a lockout against employees.

(2) This subsection may not be construed to prohibit the employer from exercising its managerial rights.
Md. Code, Education § 23-807 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-807
§23–807.
Status: in_force

(a) If an employee organization is certified as described in this subtitle, the employer and the employee organization shall enter into a collective bargaining agreement that contains provisions regarding:

(1) Wages, hours, and terms and conditions of employment;

(2) The orderly processing and settlement of grievances regarding the interpretation and implementation of the collective bargaining agreement; and

(3) Other topics that the parties may mutually agree to that were suitable for bargaining.

(b) (1) The employer automatically shall deduct from the paycheck of an employee, who is a member of the bargaining unit represented by the certified exclusive representative, dues authorized and owed by the employee to the certified exclusive representative if the employee submits to the employer a dues deduction authorization card that has been duly executed by the employee.

(2) Any dues deducted from paychecks under paragraph (1) of this subsection shall be remitted to the certified exclusive representative.

(3) The employer automatically shall stop making payroll deductions under paragraph (1) of this subsection on behalf of a certified exclusive representative if:

(i) The certified exclusive representative is decertified;

(ii) The certified exclusive representative’s right to dues is revoked;

(iii) The employee ceases to be a member of the bargaining unit represented by the certified exclusive representative; or

(iv) The employee resigns from membership in the employee organization.

(c) This section may not be construed to:

(1) Authorize or otherwise allow an employee to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; or

(2) Restrict the authority of the County Executive or the County Council to determine the budget of the employer.

(d) (1) A collective bargaining agreement entered into under subsection (a) of this section shall be effective on ratification by the majority of votes cast by the employees in the bargaining unit and approval by the Director and Board.

(2) A single year or multiyear collective bargaining agreement shall expire at the close of Baltimore County’s fiscal year.
Md. Code, Transportation § 23-108 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-108
§23–108.
Status: in_force

The Division shall prepare inspection certificate forms and provide them without charge to inspection stations. The forms shall be serially numbered and shall require the information that the Administration and the Division determine.
Md. Code, Insurance § 23-203 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-203
§23–203.
Status: in_force

(a) An applicant for initial registration shall:

(1) file with the Commissioner:

(i) an application on the form that the Commissioner requires;

(ii) in the case of a corporation or limited liability company, a certificate of good standing issued by the State Department of Assessments and Taxation;

(iii) evidence of compliance with § 23-202 of this subtitle;

(iv) the form of the premium finance agreement to be used; and

(v) the finance charge, initial service fee, and all other fees and charges to be applied; and

(2) pay to the Commissioner an application fee of $250.

(b) The registration application shall include the following information:

(1) the name, business address, and telephone number of the premium finance company; and

(2) the name and business address of each officer, director, principal, and partner of the premium finance company.

(c) A registration application may require the applicant to disclose the identity, trade names, and names of managers and owners of the applicant.
Md. Code, Land Use § 23-501 — MD Code / Article glu / Title 23 / Subtitle 5 / Section 23-501
§23–501.
Status: in_force

(a) The county planning board or the governing body of the appropriate county may institute injunction, mandamus, or other appropriate action or proceedings to compel the construction and installation of improvements or conservation of resources at a time and according to specifications set by or in accordance with this division.

(b) Any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
Md. Code, Transportation § 23-107 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-107
§23–107.
Status: reserved

(a) (1) Before the Administration titles and registers any used vehicle, except a Class L (historic) vehicle, it shall require a valid inspection certificate for the vehicle.

(2) For the purposes of this subsection, an inspection certificate shall remain valid from the date the inspection certificate is issued for a period of:

(i) 90 days; or

(ii) In the case of an inspection certificate issued for a used vehicle owned and held in inventory by a dealer licensed under Title 15 of this article, the earlier of:

1. 6 months; or

2. When 1,000 miles have been added to the vehicle’s odometer since the inspection certificate was issued.

(3) This subsection does not apply to any vehicle transferred within 30 days after the date of an inspection certificate issued for the vehicle and filed by the Administration in its title records.

(b) (1) If a person applies for titling and registration of a vehicle, the Administration may:

(i) Withhold delivery of a certificate of title pending receipt of an inspection certificate; and

(ii) Issue a temporary registration.

(2) A vehicle for which a temporary registration has been issued under this subsection shall be inspected within 60 days of the issuance of the temporary registration.

(c) (1) When an existing school vehicle (Class H) is changed to any other registration class, the vehicle shall be inspected at a licensed State inspection station.

(2) The inspection certificate shall be submitted at the time the vehicle is being registered in the new class.

(d) All buses other than those that are required to be inspected annually by the Public Service Commission or by the Administration shall be inspected annually at a licensed State inspection station.
Md. Code, Education § 23-902 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-902
§23–902.
Status: in_force

(a) There may be not more than two bargaining units at each public library system including:

(1) One bargaining unit for employees; and

(2) One bargaining unit for supervisory employees.

(b) (1) Except as provided in paragraph (2) of this subsection, a bargaining unit may contain full–time or part–time employees.

(2) A bargaining unit may not include volunteers or temporary employees with less than 90 days of service in a 12–month period.

(c) (1) This subtitle may not be construed to modify or terminate a bargaining unit that was recognized or in existence on or before June 30, 2024.

(2) (i) If an employee organization has been certified under State or local law on or before June 30, 2024, to be an exclusive representative of employees of a public library system, the employer shall accrete all eligible positions into the existing bargaining unit in accordance with this section on request of the exclusive representative.

(ii) An accretion under this subsection shall be subject to a showing of interest and election by employees in the accreted positions in accordance with the procedures under § 23–907 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 23-2801 — MD Code / Article gab / Title 23 / Subtitle 28 / Section 23-2801
§23–2801.
Status: in_force

Section 6–402 (“General penalty”) of Division I of this article applies in the county.
Md. Code, State Personnel and Pensions § 23-215.2 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-215.2
§23–215.
Status: in_force

§23–215.2.

If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011, the individual:

(1) shall be considered to be a new member of the Employees’ Pension System or the Teachers’ Pension System as of the date the individual joins the system; and

(2) is subject to the same requirements to which an individual who was a member of the Employees’ Pension System or the Teachers’ Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.
Md. Code, Commercial Law § 23-102 — MD Code / Article gcl / Title 23 / Subtitle 1 / Section 23-102
§23–102.
Status: in_force

(a) If a conflict exists between the express terms and conditions of an operating agreement and the terms and conditions implied by the law governing the relationship between a principal and agent, the express terms and conditions of the operating agreement shall govern.

(b) A court may order the remedy of specific performance for anticipatory or actual breach or attempted or actual termination of an operating agreement notwithstanding the existence of an agency relationship between the parties to the operating agreement.
Md. Code, Public Utilities § 23-313 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-313
§23–313.
Status: in_force

(a) The Commission shall submit a final report, including construction cost figures, on completed major projects to the county executive and county council of Montgomery County or Prince George’s County.

(b) (1) When the Commission submits a Program under § 23–304 of this subtitle, the Commission shall include a status report of all approved major projects that have not been completed as of the date that the Program is submitted.

(2) The report shall:

(i) identify the major project;

(ii) specify the dates of approval of the major project;

(iii) indicate the current status of the major project, including an estimate of the date of completion of construction;

(iv) indicate if the major project is the subject of a material change and any amendment that is required under § 23–312 of this subtitle; and

(v) for an approved major project in Montgomery County, indicate a change in the last estimated construction costs and a modification in location, size, and length of a construction item.
Md. Code, Alcoholic Beverages and Cannabis § 23-1308 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1308
§23–1308.
Status: in_force

(a) There is a beer, wine, and liquor tasting (BWLT) license.

(b) The Board may issue the license to a holder of a Class A beer, wine, and liquor (BWL) license.

(c) The license authorizes the holder to allow the on–premises consumption, for tasting, of:

(1) beer;

(2) wine containing not more than 15.5% of alcohol by volume; or

(3) liquor.

(d) A license holder may serve:

(1) wine in a quantity of not more than 2 ounces from each offering and not more than 8 ounces from all offerings to an individual in a day;

(2) beer in a quantity of not more than 6 ounces from each offering and not more than 16 ounces from all offerings to an individual in a day; or

(3) liquor in a quantity of not more than 1/2 ounce from each offering and not more than 2 ounces from all offerings to an individual in a day.

(e) In addition to any other alcoholic beverages license fee, the annual license fee is $100.
Md. Code, Alcoholic Beverages and Cannabis § 23-1313 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1313
§23–1313.
Status: in_force

(a) In this section, “entertainment venue” means a facility that is used as a cinema, theater, amphitheater, concert hall, or sports stadium.

(b) There is a Class C per diem entertainment venue beer, wine, and liquor license.

(c) The Board may issue the Class C per diem license to the holder of a Class C beer, wine, and liquor license for use in an entertainment venue that measures at least 200,000 square feet.

(d) (1) The Class C per diem license authorizes the license holder to sell beer, wine, and liquor on an immediately adjacent licensed premises for consumption on the premises of the holder of the per diem license and on the adjacent licensed premises.

(2) License holders are responsible for:

(i) all sale and consumption under their control or on their premises; and

(ii) compliance with all applicable provisions of this article and local laws and regulations.

(e) The Board may not issue the per diem license unless the property owner of the adjacent licensed premises provides the Board with a statement authorizing the use of the licensed premises.

(f) The license holder may sell beer, wine, and liquor Monday through Sunday from 10 a.m. to 11 p.m.

(g) The Board shall determine the license fee.
Md. Code, Alcoholic Beverages and Cannabis § 23-1904 — MD Code / Article gab / Title 23 / Subtitle 19 / Section 23-1904
§23–1904.
Status: in_force

(a) (1) The holder of a Class A or Class D license or an employee of the license holder may deliver alcoholic beverages only within the county.

(2) An employee making a delivery shall meet the age requirements of § 23–1902 of this subtitle.

(b) The deliverer and individual receiving the delivery shall, at the time of delivery, endorse a delivery form that the Board approves, certifying that:

(1) the individual receiving the delivery claimed to be at least 21 years old and the claim was supported by documentary evidence;

(2) the individual receiving the delivery knew that it is a criminal offense for alcoholic beverages to be given to an individual under the age of 21 years; and

(3) the deliverer examined the recipient’s identification.

(c) A license holder or an employee of a license holder may not make a retail delivery of alcoholic beverages unless the purchaser:

(1) or another individual at least 21 years old designated by the purchaser, is physically present to receive the alcoholic beverages at the time and place of delivery; and

(2) pays for the purchase at the time of the order.
Md. Code, State Personnel and Pensions § 23-301 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-301
§23–301.
Status: in_force

A member of the Employees’ Pension System or Teachers’ Pension System is entitled to:

(1) eligibility service as provided in §§ 23-302 through 23-308 of this subtitle; and

(2) creditable service as provided in § 23-309 of this subtitle.
Md. Code, Insurance § 23-206 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-206
§23–206.
Status: in_force

(a) The Commissioner shall require a premium finance company to report, on forms provided by the Commissioner, changes in officers, directors, owners, trade names, principals, partners, business addresses, and telephone numbers within 30 days after a change occurs.

(b) (1) A premium finance company shall file all changes to:

(i) the form of the premium finance agreement used by the premium finance company; and

(ii) the finance charge, initial service fee, and any other fees and charges applied by the premium finance company.

(2) A premium finance company may not use a premium finance agreement form or apply a fee or charge unless the filing required under paragraph (1) of this subsection is approved by the Commissioner.

(3) A premium finance company shall disclose to the Commissioner, on written request, the method or formula used to calculate the finance charges and amount of refund on cancellation of the insurance contract.
Md. Code, Public Utilities § 23-312 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-312
§23–312.
Status: in_force

(a) The Commission shall:

(1) review each Program;

(2) revise each Program as required by a final action of the county councils of Montgomery County and Prince George’s County; and

(3) adopt each Program before the beginning of the first fiscal year of that Program.

(b) The Commission’s capital budget for the first fiscal year of each Program approved by the Commission shall provide money to begin the approved major projects for the first year of that Program.

(c) (1) A major project may not begin if the major project is not in conformity with the part of the Program applicable to that fiscal year unless the major project is included in the Program by an amendment to the Program.

(2) The amendment to the Program:

(i) may be proposed by the Commission or initiated by the county executive or county council of Montgomery County or Prince George’s County;

(ii) on reasonable advance notice to the public, shall be subject to a public hearing held by the county council of the county that initiates the amendment or by both county councils if the amendment affects both counties; and

(iii) requires final action by the county council of each affected county.

(3) The county council of the affected county shall notify the Commission of the final action.

(4) The Commission shall adopt an amendment approved by final action by the county council of each affected county.

(d) (1) In this subsection, “material change” does not include the following items if service from a major project as constructed does not extend beyond the area approved for construction of a sewer project:

(i) a normal deviation from the most recent estimated construction costs;

(ii) a change in location caused by right–of–way acquisition problems;

(iii) a condition found in the field when actual construction plans are prepared; or

(iv) a modification of an estimated size or length of a construction item.

(2) A major project may not be constructed until an adopted Program is amended as to any material change.