Md. Code, Alcoholic Beverages and Cannabis § 11-1004 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1004
§11–1004.
Status: in_force

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

(2) “Concessionaire” means a lessee, a sublessee, or any other operator of an establishment that:

(i) engages in the daily sale of beer, wine, and liquor on its premises for consumption anywhere in an entertainment facility; and

(ii) is operated as a concession adjacent to but independent of the entertainment facility.

(3) “Entertainment facility” means a facility that holds a license under Title 9, Subtitle 1A of the State Government Article.

(b) There is an entertainment concessionaire license.

(c) The Board may issue the license to a concessionaire operating in conjunction with an entertainment facility.

(d) (1) The license authorizes:

(i) the license holder to sell beer, wine, and liquor on the premises of the concessionaire for consumption anywhere in the entertainment facility; and

(ii) the playing of music and dancing in the licensed premises.

(2) Beer, wine, and liquor purchased under the license may be taken into and consumed anywhere in an entertainment facility.

(e) (1) The hours for the sale and consumption of alcoholic beverages under the license are the same as the hours of operation for a video lottery facility established under § 9–1A–23 of the State Government Article.

(2) A holder of the license need not obtain a Sunday sales license under § 11–2004 of this title to sell alcoholic beverages after 2 a.m. on Sunday.

(f) The license may not be counted as a Class B or Class H license for purposes of § 11–1609 of this title.

(g) (1) The annual fee for the license is $5,000.

(2) The fee shall be paid on or before May 1 to the Board.

(h) Any penalty or other sanction that is imposed for a violation of a regulation of the Board on the licensed premises of the holder of an entertainment concessionaire license shall apply to the holder of a concessionaire’s license who the Board determines to be responsible for the violation.
Md. Code, Real Property § 11B-111.3 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-111.3
§11B–111.
Status: in_force

§11B–111.3.

(a) This section does not apply to the distribution of information or materials at any time before the lot owners, other than the developer, have a majority of votes in the homeowners association, as provided in the declaration.

(b) In this section, the door-to-door distribution of any of the following information or materials may not be considered a distribution for purposes of determining the manner in which a governing body distributes information under this section:

(1) Any information or materials reflecting the assessments imposed on lot owners in accordance with a recorded covenant, the declaration, bylaw, or rule of the homeowners association; and

(2) Any meeting notices of the governing body.

(c) Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a homeowners association may not restrict a lot owner from distributing written information or materials regarding the operation of or matters relating to the operation of the homeowners association in any manner or place that the governing body distributes written information or materials.
Md. Code, Commercial Law § 11-1602 — MD Code / Article gcl / Title 11 / Subtitle 16 / Section 11-1602
§11–1602.
Status: in_force

This subtitle does not apply to an assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262.
Md. Code, Financial Institutions § 11-620 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-620
§11–620.
Status: in_force

(a) (1) Except as otherwise provided in 12 U.S.C. § 5111, the requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry.

(2) The information and material may be shared with all state and federal regulatory officials having mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.

(b) The Commissioner may enter into information sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies.

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

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

(2) Subpoena, discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry the person to whom the information or material pertains waives, in whole or in part, that privilege.

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

(e) This section does not apply to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Mortgage Licensing System and Registry and designated for access by the public.
Md. Code, Commercial Law § 11-108 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-108
§11–108.
Status: in_force

The Attorney General may cooperate with the federal government and other states in enforcement of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 11-1902.1 — MD Code / Article gab / Title 11 / Subtitle 19 / Section 11-1902.1
§11–1902.
Status: in_force

§11–1902.1.

(a) The license holder or an individual designated by the license holder who is employed in a supervisory capacity shall:

(1) be certified by an approved alcohol awareness program; and

(2) be present on the licensed premises at all times when alcoholic beverages may be sold.

(b) A license holder who violates this section is subject to:

(1) for a first offense, a $100 fine; and

(2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.
Md. Code, Corporations and Associations § 11-305 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

(a) It is unlawful for any person to use a senior or retiree credential or designation in a way that is or would be misleading in connection with:

(1) The offer, sale, or purchase of securities;

(2) Receiving, directly or indirectly, any consideration from another person for advising the other person as to the value of securities or their purchase or sale; or

(3) Acting as a broker–dealer, agent, investment adviser, or investment adviser representative.

(b) The Commissioner by rule or order shall define what constitutes a misleading use of a senior or retiree credential or designation for purposes of subsection (a) of this section.

(c) A violation of a rule or order adopted under subsection (b) of this section also constitutes a dishonest or unethical practice for purposes of § 11–302(a)(3) of this subtitle and § 11–412(a)(7) of this title.

(d) The Commissioner by rule or order may provide exemptions from subsections (a) and (c) of this section, where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.

(e) This section does not limit any powers of the Commissioner granted under this title.
Md. Code, Commercial Law § 11-1603 — MD Code / Article gcl / Title 11 / Subtitle 16 / Section 11-1603
§11–1603.
Status: in_force

(a) A person may not make an assertion of patent infringement against another in bad faith.

(b) (1) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith:

(i) The demand letter sent by the person does not contain:

1. The alleged patent number;

2. The name and address of the patent owner or assignee, if any; or

3. Facts relating to the specific areas in which the target’s product, service, or technology infringes the patent or is covered by the claims in the patent;

(ii) The target requested the information described in item (i) of this paragraph, and the person failed to provide the information within a reasonable period of time;

(iii) Before sending the demand letter, the person did not conduct an analysis comparing the claims in the patent to the target’s product, service, or technology, or the analysis was conducted but does not identify specific areas in which the product, service, or technology is covered by the claims in the patent;

(iv) The demand letter demanded a response or payment of a licensing fee within an unreasonably short period of time;

(v) The person offered to license the patent for an amount that is not based on a reasonable estimate of the value of the license;

(vi) The assertion of patent infringement is without merit, and the person knew, or should have known, that the assertion is without merit;

(vii) The assertion of patent infringement is deceptive;

(viii) 1. The person, or a subsidiary or an affiliate of the person, previously has filed or threatened to file one or more lawsuits based on the same or a similar assertion of patent infringement; and

2. A. The threats or lawsuits did not provide the information described in item (i) of this paragraph; and

B. A court found the person’s assertion to be without merit; and

(ix) Any other factor the court determines to be relevant.

(2) The court may consider the following factors as evidence that a person has made an assertion of patent infringement in good faith:

(i) If the demand letter sent by the person does not contain the information described in paragraph (1)(i) of this subsection, the person provides the information to the target within a reasonable period of time;

(ii) The person has:

1. Engaged in a good faith effort to establish that the target has infringed the patent; and

2. Attempted to negotiate an appropriate remedy;

(iii) The person has:

1. Demonstrated good faith business practices in previous efforts to enforce a patent; or

2. Successfully enforced a patent through litigation;

(iv) The person has made a substantial investment in the use of the patent or in the production or sale of a product covered by the patent;

(v) The person is:

1. An inventor of the patent or an original assignee; or

2. A representative of an institution of higher education or a technology transfer organization affiliated with an institution of higher education; and

(vi) Any other factor the court determines to be relevant.
Md. Code, Election Law § 11-308 — MD Code / Article gel / Title 11 / Subtitle 3 / Section 11-308
§11–308.
Status: in_force

(a) Within 10 days after any election, and before certifying the results of the election, each board of canvassers shall verify the vote count in accordance with the regulations prescribed by the State Board for the voting system used in that election.

(b) Upon completion of the verification process, the members of the board of canvassers shall:

(1) certify in writing that the election results are accurate and that the vote has been verified; and

(2) provide copies of the election results to the persons specified under § 11–401 of this title.

(c) (1) If a member of a board of canvassers dissents from a determination of an election result or reasonably believes that the conduct of a local board member or local board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the local board a distinct written statement of the reasons for the dissent or concern.

(2) The State Administrator shall review the dissent and submit it to the Board of State Canvassers for a final determination.

(3) The State Board shall maintain a file of the final determination.
Md. Code, Criminal Procedure § 11-712 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-712
§11–712.
Status: in_force

(a) If a registrant escapes from a facility, the supervising authority of the facility by the most reasonable and expedient means available shall immediately notify:

(1) each local law enforcement unit where the registrant resided or habitually lived before the registrant was committed to the custody of the supervising authority; and

(2) each person who is entitled to receive notice under § 11–715(a) of this subtitle.

(b) If the registrant is recaptured, the supervising authority shall send notice, as soon as possible but not later than 2 working days after the supervising authority learns of the recapture, to:

(1) each local law enforcement unit where the registrant resided or habitually lived before the registrant was committed to the custody of the supervising authority; and

(2) each person who is entitled to receive notice under § 11–715(a) of this subtitle.
Md. Code, Human Services § 11-501 — MD Code / Article ghu / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

The Corporation shall make grants of financial assistance to grantees for the purpose of providing legal assistance to eligible clients.
Md. Code, Correctional Services § 11-301 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

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

(b) “Center” means a community adult rehabilitation center.

(c) “Commissioner” means the Commissioner of Correction.

(d) “Regional center” means a center that serves more than one county.
Md. Code, Alcoholic Beverages and Cannabis § 11-2704 — MD Code / Article gab / Title 11 / Subtitle 27 / Section 11-2704
§11–2704.
Status: in_force

(a) In this section, “premises” includes a building, parking lot, picnic grounds, terrace, or grounds that form an integral part of the licensed premises.

(b) Except as provided in subsection (c) of this section:

(1) an individual may not consume, display, or possess on the licensed premises an alcoholic beverage not purchased from the license holder; and

(2) a license holder may not allow an individual to consume, display, or possess on the licensed premises an alcoholic beverage that is not purchased from the license holder.

(c) A holder of a beach and amusement park license may grant written permission to a patron of the license holder’s beach or park to bring and consume on the licensed premises an alcoholic beverage not purchased from the license holder.
Md. Code, State Government § 11-401 — MD Code / Article gsg / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) A local government that requires a development permit shall keep on file with the Coordinator and the Secretary of Housing and Community Development:

(1) a current list of each type of development permit that the local government issues;

(2) a description of the nature of each type of development permit;

(3) the requirements and procedures for issuing each type of development permit; and

(4) a copy of the application form for each type of development permit and the related instructions.

(b) If a local government requires a new type of development permit or changes a requirement or application form for an existing type of development permit, the local government shall submit the information required by subsection (a) of this section as to that type of development permit within 30 days after the effective date of the new requirement or change.
Md. Code, Correctional Services § 11-702 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

(a) This section applies only in Allegany County.

(b) (1) The Sheriff may:

(i) establish a pretrial release program that offers alternatives to pretrial detention; and

(ii) adopt regulations to administer the program.

(2) A court may order an individual to participate in the pretrial release program if the individual:

(i) appears before the court after being charged and detained on bond; and

(ii) meets the eligibility requirements of paragraph (4) of this subsection.

(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.

(4) An individual is eligible for the pretrial release program if the individual:

(i) is recommended to the court for placement in the program by the program staff;

(ii) has no other charges pending in any jurisdiction; and

(iii) is not in detention for:

1. a crime of violence; or

2. the crime of escape under § 9–404 of the Criminal Law Article.

(c) (1) The Sheriff’s Department may:

(i) establish and direct a work release program; and

(ii) adopt guidelines for the operation of the program.

(2) (i) At the time of sentencing or at any time during an incarcerated individual’s confinement, the sentencing judge may order that the incarcerated individual participate in the work release program, subject to the guidelines adopted by the Sheriff.

(ii) If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.

(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:

(i) work at gainful, private employment;

(ii) seek gainful, private employment; or

(iii) participate in an educational, rehabilitative, or training program in the county.

(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.

(5) (i) The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.

(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:

1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;

2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;

3. any amount a court imposes for a fine, cost, or restitution;

4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and

5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.

(iii) The Sheriff shall:

1. credit to the incarcerated individual’s account the remaining balance; and

2. dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.

(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:

(i) removal from the work release program; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(d) (1) The Sheriff shall:

(i) establish and administer a home detention program; and

(ii) adopt regulations for the program.

(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:

(i) is recommended for the program by the sentencing judge; and

(ii) has no other charges pending in any jurisdiction.

(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

(i) is serving a sentence for a crime of violence; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.

(5) While participating in the home detention program an incarcerated individual is responsible for:

(i) the incarcerated individual’s medical care and related expenses; and

(ii) costs of lodging, food, clothing, transportation, restitution, and taxes.

(6) The Sheriff may:

(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or

(ii) waive or reduce the fee.

(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.

(8) An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
Md. Code, Health Occupations § 11-101 — MD Code / Article gho / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

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

(b) “Board” means the State Board of Examiners in Optometry.

(c) “Diagnostically certified optometrist” means a licensed optometrist who is certified by the Board to administer topical ocular diagnostic pharmaceutical agents to the extent permitted under § 11–404 of this title.

(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice optometry.

(e) “Licensed optometrist” means, unless the context requires otherwise, an optometrist who is licensed by the Board to practice optometry.

(f) “Optometrist” means an individual who practices optometry.

(g) (1) “Practice optometry” means:

(i) Subject to §§ 11–404 and 11–404.2 of this title, to use any means known in the science of optics or eye care, except surgery:

1. To detect, diagnose, manage, and treat, subject to §§ 11–404 and 11–404.2 of this title, any optical or diseased condition in the human eye and the adnexa of the eye; or

2. To prescribe eyeglasses, lenses, or contact lenses to correct any optical or visual condition in the human eye;

(ii) To give advice or direction on the fitness or adaptation of eyeglasses or lenses to any individual for the correction or relief of a condition for which eyeglasses or lenses are worn; or

(iii) To use or permit the use of any instrument, test card, test type, test eyeglasses, test lenses, or other device to aid in choosing eyeglasses or lenses for an individual to wear.

(2) Subject to §§ 11–404 and 11–404.2 of this title, “practice optometry” includes:

(i) The administration of pharmaceutical agents;

(ii) The removal of superficial foreign bodies from the cornea and conjunctiva;

(iii) The diagnosis, treatment, and management of open–angle glaucoma;

(iv) The ordering of cultures and bloodwork testing; and

(v) The ordering and performing of in–office, noninvasive, nonradiographic imaging.

(h) (1) “Surgery” means a procedure using any instruments, including lasers, scalpels, needles, cautery, a cryoprobe, or sutures in which human tissue is cut, burned, vaporized, removed, or otherwise permanently altered by any mechanical means, laser, ionizing radiation, ultrasound, or other means.

(2) “Surgery” does not include:

(i) Preoperative and postoperative care provided in accordance with §§ 11–404 and 11–404.2 of this title;

(ii) Nonsurgical light therapies used only for the treatment of meibomian gland disease and vision therapy but not for corneal collagen cross linking;

(iii) Orthokeratology;

(iv) A noninvasive procedure to remove a superficial foreign body in accordance with § 11–404.2(d) of this title;

(v) Corneal scraping or conjunctival swabs for cultures in accordance with § 11–404.2(e) of this title;

(vi) Epilating with forceps an eyelash from the eyelid, adnexa, or lacrimal system of a patient; or

(vii) Noninvasive meibomian gland expression.

(i) “Therapeutically certified optometrist” means a licensed optometrist who is certified by the Board to practice optometry to the extent permitted under § 11–404.2 of this title.
Md. Code, Human Services § 11-405 — MD Code / Article ghu / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

(a) (1) This subsection does not apply to reasonable compensation paid for services rendered to or for the Corporation.

(2) Net earnings of the Corporation may not inure to the benefit of any individual.

(b) An individual may not share in the distribution of corporate assets on dissolution of the Corporation.
Md. Code, State Government § 11-508 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-508
§11–508.
Status: in_force

(a) If the local government approves the request for a joint hearing with respect to a State unit, that State unit has 10 days after receipt of the notice from the Coordinator to:

(1) decide whether to participate in a joint hearing; and

(2) give notice of its decision to:

(i) the applicant;

(ii) the local government; and

(iii) the Coordinator.

(b) The Coordinator shall give any other State unit involved in the hearing notice of a decision made by a State unit under subsection (a) of this section.

(c) If there is only 1 State unit affected and the local government elects to have a joint hearing, the State unit shall participate in the joint hearing, unless it is entitled to an extension as provided in § 11-521 of this subtitle.
Md. Code, Business Regulation § 11-1311 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1311
§11–1311.
Status: in_force

Each party state in the compact shall:

(1) accept the decisions of the compact committee regarding the issuance or renewal of licenses;

(2) reimburse, or otherwise pay, the expenses of its official on the compact committee;

(3) not treat as a denial a notification to an applicant by the compact committee regarding its inability to process their application;

(4) reserve the right to:

(i) charge a fee for the use of a compact license within that party state;

(ii) apply its own standards to determine whether a compact committee license should be suspended or revoked;

(iii) apply its own standards for licensure or renewal of state applicants who do not meet the licensure requirements of the compact committee, or who are within a category of participants in live racing which the compact committee does not license; and

(iv) apply its own standards for licensure of nonracing employees at horse racetracks and at separate or satellite wagering facilities;

(5) through its racing commission or its equivalent, promptly notify the compact committee of any suspension or revocation that the party state has imposed on a compact committee licensee; and

(6) not be held liable for the debts or other financial obligations incurred by the compact committee.
Md. Code, Commercial Law § 11-705 — MD Code / Article gcl / Title 11 / Subtitle 7 / Section 11-705
§11–705.
Status: in_force

(a) Any person who violates any provision of this subtitle is subject to a penalty not exceeding $500 for each violation, which penalty the Attorney General may recover for the State in a civil action.

(b) Before the Attorney General commences any action under this section, he shall give to the person against whom the action is proposed:

(1) Notice by registered or certified mail of the proposed action; and

(2) An opportunity to show cause orally or in writing why the action should not be commenced.
Md. Code, Alcoholic Beverages and Cannabis § 11-801 — MD Code / Article gab / Title 11 / Subtitle 8 / Section 11-801
§11–801.
Status: in_force

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

(b) (1) The license authorizes the license holder to sell beer and light wine, at retail, at the place described in the license.

(2) The license holder shall sell the beer and light wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or light wine is sold.

(c) The annual license fee is $240.
Md. Code, Education § 11-1203 — MD Code / Article ged / Title 11 / Subtitle 12 / Section 11-1203
§11–1203.
Status: in_force

(a) The policy established under this subtitle shall include:

(1) Training for campus police or other designated personnel on how to recognize the symptoms of an opioid overdose;

(2) Procedures for the administration of naloxone or other overdose–reversing medications; and

(3) The proper follow–up emergency procedures.

(b) Except for any willful or grossly negligent act, campus police or other designated personnel who have been trained under subsection (a)(1) of this section and who respond in good faith to the overdose emergency of a student in accordance with this section may not be held personally liable for any act or omission in the course of responding to the emergency.
Md. Code, Labor and Employment § 11-1603 — MD Code / Article gle / Title 11 / Subtitle 16 / Section 11-1603
§11–1603.
Status: in_force

(a) There is a Talent Innovation Fund in the Department.

(b) The purpose of the Fund is to support the Program.

(c) The Secretary shall administer the Fund.

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

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

(e) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) grants and donations to the Fund;

(3) interest earnings of the Fund; and

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

(f) The Department may use the Fund to:

(1) provide grants:

(i) to entities, including employers, institutions of higher education, tax exempt organizations, public agencies, local workforce development boards, and registered apprenticeship sponsors, and residents of the State; and

(ii) for costs including support services, subsidized wages, grantees’ administrative costs, and training;

(2) provide matching funds to secure donations or grants to the Fund;

(3) provide funding for the Program and other talent finance mechanisms approved by the Division and the Board; and

(4) pay expenses for administrative, actuarial, legal, and technical services for the Program.

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

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

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

(i) Money expended from the Fund for talent innovation fund programs is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for workforce development programs.
Md. Code, Family Law § 11-105 — MD Code / Article gfl / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

If an annulment or a limited or absolute divorce has been granted by a court in another jurisdiction, a court in this State may award alimony to either party if:

(1) the court in the other jurisdiction lacked or did not exercise personal jurisdiction over the party seeking alimony; and

(2) the party seeking alimony was domiciled in this State at least 1 year before the annulment or divorce was granted.
Md. Code, Business Regulation § 11-537 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-537
§11–537.
Status: in_force

A horse shall be registered with the Maryland Horse Breeders Association, Inc., before the horse may start in a Fund Race.
Md. Code, Economic Development § 11-204 — MD Code / Article gec / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

The Governor shall designate the chair of the Council.
Md. Code, Labor and Employment § 11-808 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-808
§11–808.
Status: in_force

(a) An individual may obtain a high school diploma by examination as provided in this section if the individual:

(1) has not obtained a high school diploma;

(2) resides in this State; and

(3) except as provided in subsection (b) of this section:

(i) is not subject to compulsory school attendance under § 7–301 of the Education Article; and

(ii) has withdrawn from a regular full–time public or private school program.

(b) An individual is not subject to the requirements of subsection (a)(3) of this section if the individual participates in a GED Option Program administered by the State Department of Education that creates a pathway to a high school diploma by examination for currently enrolled high school English language learner students under the age of 21 years who have experienced interrupted education and have a lower level of English proficiency than their peers.

(c) The Department shall:

(1) offer examinations to individuals who are pursuing a high school diploma under this subtitle at least twice each year at places throughout the State that are reasonably convenient for the applicants; and

(2) allow an individual to choose to take all components of the examination in either English or Spanish.

(d) The examination shall:

(1) be offered in appropriate high school subject areas; and

(2) be of a comprehensive nature as determined by the State Board of Education.

(e) An individual who fails an examination may repeat taking the examination.

(f) A current member of the armed forces is exempt from the residency requirement in subsection (a)(2) of this section and may earn a Maryland high school diploma by achieving a passing score on the examination offered under subsection (c) of this section.

(g) The diploma shall be awarded in accordance with the regulations adopted by the Secretary and the State Board of Education.
Md. Code, Commercial Law § 11-505 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) Except as provided in subsection (b) of this section, a retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not:

(1) Sell cigarettes in combination with any other item of merchandise if the other item is given free of charge or sold at a price below its cost to the retailer or its cost to the wholesaler, respectively, as defined in Subtitle 4 of this title;

(2) Sell cigarettes in combination with any other item of merchandise if the total sale price for the cigarettes and all other items included in the sale is less than the sum of:

(i) The cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes; and

(ii) The cost to the retailer or the cost to the wholesaler, respectively, as defined in Subtitle 4 of this title, of all other items included in the sale, including items given free of charge in connection with the sale;

(3) Give cigarettes free of charge, except in the case of specially packaged manufacturers’ samples which are designated on the package as not to be sold; or

(4) Make any rebate, advertising allowance, or any other concession by any means or device in connection with the sale of cigarettes whereby the cigarettes are in effect sold below their cost to the retailer or their cost to the wholesaler, respectively.

(b) A retailer or wholesaler may pass on to a purchaser any reduction in cost which results from:

(1) Payment or compensation given by a manufacturer of cigarettes on a uniform and nondiscriminatory basis for promotional services; or

(2) Any coupon issued and ultimately redeemed by a cigarette manufacturer.
Md. Code, Financial Institutions § 11-523 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-523
§11–523.
Status: in_force

(a) Any person who willfully violates any provision of this subtitle or any rule or regulation adopted under it is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 10 years or both.

(b) Any unlicensed person who is not exempt from licensing under this subtitle who makes or assists a borrower in obtaining a mortgage loan in violation of this subtitle may collect only the principal amount of the loan and may not collect any interest, costs, finder’s fees, broker fees, or other charges with respect to the loan.

(c) Any mortgage lender or employee or agent of a mortgage lender who willfully misappropriates or intentionally and fraudulently converts to the mortgage lender’s or to the mortgage lender’s employee’s or agent’s own use money in excess of $300 rightfully belonging to a borrower, or who otherwise commits any fraudulent act in the course of engaging in the mortgage lending business is guilty of a felony and on conviction is subject to a fine not to exceed $100,000 or imprisonment not exceeding 15 years or both.
Md. Code, Criminal Procedure § 11-704.1 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-704.1
§11–704.
Status: in_force

§11–704.1.

(a) In this section, “juvenile registrant” means a person who is required to be included in the registry of juvenile sex offenders under subsection (b) of this section.

(b) A person shall be included in a registry of juvenile sex offenders that is maintained by the Department separately from the sex offender registry if:

(1) the person has been adjudicated delinquent for an act that, if committed by an adult:

(i) would constitute a violation of § 3–303, § 3–304, or § 3–307(a)(1) or (2) of the Criminal Law Article; or

(ii) would constitute a violation of § 3–305 or § 3–306(a)(1) or (2) of the Criminal Law Article as the sections existed before October 1, 2017; and

(2) the person was a minor who was at least 14 years old at the time the delinquent act was committed.

(c) The registry of juvenile sex offenders shall be accessible only by law enforcement personnel for law enforcement purposes.

(d) When the juvenile court’s jurisdiction over a juvenile registrant terminates under § 3–8A–07 of the Courts Article, the juvenile registrant shall be removed from the registry.

(e) A juvenile registrant shall appear in person at a location designated by the Department of Juvenile Services every 3 months to:

(1) update and verify with the Department of Juvenile Services the information included in the registry of juvenile sex offenders under this section; and

(2) allow the Department of Juvenile Services to take a digital image of the juvenile registrant.
Md. Code, Insurance § 11-801 — MD Code / Article gin / Title 11 / Subtitle 8 / Section 11-801
§11–801.
Status: in_force

(a) In this section, “travel insurance” has the meaning stated in § 10–101 of this article.

(b) Notwithstanding any other provision of this article, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance.

(c) Travel insurance may be in the form of an individual, a group, or a blanket policy.

(d) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels if those standards also meet the State’s underwriting standards for inland marine lines of insurance and applicable provisions of § 27–501 of this article.
Md. Code, Commercial Law § 11-1403 — MD Code / Article gcl / Title 11 / Subtitle 14 / Section 11-1403
§11–1403.
Status: in_force

(a) Before discussing a contract for the payment of royalties or the use of copyrighted works by a proprietor and before collecting or attempting to collect a royalty or fee under the contract, an agent or an employee of a performing rights society shall:

(1) Disclose that the agent or employee is acting on behalf of a performing rights society;

(2) Identify the performing rights society for which the agent or the employee acts; and

(3) Disclose the purpose of the discussion.

(b) A performing rights society or the agent or employee of the performing rights society may collect a royalty or any other fee only as provided in a contract executed in accordance with the provisions of this subtitle.

(c) A performing rights society or the agent or employee of a performing rights society may not:

(1) Use or attempt to use an unfair or deceptive act or practice in dealing or negotiating with a proprietor or the employee of a proprietor; or

(2) Charge or collect a royalty which is unreasonable in comparison to the royalties for similar licenses in the same area.
Md. Code, Business Regulation § 11-313 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-313
§11–313.
Status: in_force

(a) The Commission shall require a licensee, and each officer or stockholder of a licensee, to disclose to the Commission each financial interest that the person has in racing.

(b) On or before the 90th day following the end of a licensee’s fiscal year, the licensee shall submit to the Commission in the form that the Commission requires:

(1) an itemized statement under oath for the preceding fiscal year of receipts from all sources and of all expenses and disbursements, including salaries of officers, attorney fees, and lobbying expenses; and

(2) a certified audit by a certified public accountant of the financial records of the licensee for the preceding fiscal year.

(c) The audited statements of all licensees shall be sent to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly.
Md. Code, Courts and Judicial Proceedings § 11-502 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

(a) A sheriff shall give notice of the time, place, and terms of the sale of any property under execution before the property can be sold.

(b) In the case of a sale of an interest in property, the notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and printed in a newspaper, published in the county where the property is located at least:

(1) Ten days before the sale of personal property; or

(2) 20 days before the sale of real property.

(c) If the sheriff gives notice by publication in a newspaper, he may recover the costs of publication from the defendant. If the defendant is unable to pay the costs, the sheriff may recover the costs of publication from the plaintiff.

(d) A sheriff’s sale of real property extinguishes any subordinate lien or interest on the land subject to the sale.
Md. Code, Real Property § 11-138 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-138
§11–138.
Status: in_force

(a) In this section, “rental facility” means property containing 10 or more dwelling units intended to be leased to persons who occupy the dwellings as their residences.

(b) (1) A county or an incorporated municipality may provide, by local law or ordinance, that a rental facility may not be granted to a purchaser for the purpose of subjecting it to a condominium regime unless the county, incorporated municipality or housing agency has first been offered in writing the right to purchase the rental facility on substantially the same terms and conditions offered by the owner to the purchaser. The local law or ordinance shall designate the title and mailing address of the person to whom the offer to the county, incorporated municipality or housing agency shall be delivered.

(2) The offer shall contain a contingency entitling the county, incorporated municipality or housing agency, to secure financing within 180 days from the date of the offer.

(3) Unless written acceptance of the offer is sooner delivered to the owner by the county, incorporated municipality or housing agency, the offer shall terminate, without further act, 60 days after it is delivered to the county, incorporated municipality or housing agency. If the offer terminates, the owner may grant the rental facility to any person for any purpose on terms and conditions not more favorable to a buyer than those offered by the owner to the county, incorporated municipality or housing agency.

(4) If the county, incorporated municipality, or housing agency purchases the rental facility, it shall retain or provide for the retention of:

(i) The property as a rental facility for at least 3 years from the date of acquisition; or

(ii) At least 20 percent of the units in the facility as rental units for 15 years from the date of acquisition for households that do not exceed the applicable income eligibility figure under § 11-137(n) of this title for the county or incorporated municipality in which the rental facility is located.

(c) A local law or ordinance adopted under subsection (b) of this section may provide that the owner of a rental facility is exempt from the provisions of this section if the purchaser of the rental facility enters into an agreement with the county, incorporated municipality, or housing agency to retain the property as a rental facility for a period not to exceed 3 years after the date of acquisition of the property.

(d) The provisions of any local law or ordinance adopted under this section shall not apply to any of the following transfers of a rental facility:

(1) Any transfer made pursuant to the terms of a bona fide mortgage or deed of trust agreement;

(2) Any transfer to a mortgagee in lieu of foreclosure or any transfer pursuant to any other proceedings, arrangement or deed in lieu of foreclosure;

(3) Any transfer made pursuant to a judicial sale or other judicial proceeding brought to secure payment of a debt or for the purpose of securing the performance of an obligation;

(4) Any transfer of the interest of one co-tenant to another co-tenant by operation of law or otherwise;

(5) Any transfer made by will or descent or by intestate distribution;

(6) Any transfer made to any municipal, county or State government or to any agencies, instrumentalities or political subdivisions thereof;

(7) Any transfer to a spouse, son or daughter;

(8) Any transfer made pursuant to the liquidation of a partnership or corporation; or

(9) Any transfer into a partnership or corporation wholly owned by the person(s) so contributing.

(e) Any county, incorporated municipality or housing agency, by execution and delivery by the appropriate official to the grantor of an instrument in recordable form, may waive its right to purchase a particular rental facility under this section.

(f) Within 30 days of the enactment of a law or ordinance under this section, the county or incorporated municipality shall forward a copy of the law or ordinance to the Secretary of State.
Md. Code, Commercial Law § 11-206 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) In enforcing this subtitle, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this subtitle from any person engaged in the act or practice.

(b) The assurance of discontinuance shall be in writing and filed with and subject to the approval of the court of the county where the alleged violator resides or has his principal place of business.

(c) The assurance of discontinuance may not be considered for any purpose as an admission of a violation. However, proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this subtitle.
Md. Code, Business Regulation § 11-203 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) The Governor shall designate a chairman from among the members of the Commission.

(b) (1) The term of the chairman is 1 year.

(2) The chairman may not serve more than 2 consecutive terms as chairman.
Md. Code, Financial Institutions § 11-518 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-518
§11–518.
Status: in_force

(a) Before the Commissioner takes any action under § 11-516 or § 11-517 of this subtitle, the Commissioner shall give the licensee an opportunity for a hearing.

(b) Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.

(c) The hearing notice to the licensee shall be sent by certified mail, return receipt requested, to the principal place of business of the licensee at least 30 days before the hearing.
Md. Code, Business Regulation § 11-805 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-805
§11–805.
Status: in_force

(a) Except for racing held by the Maryland-National Capital Park and Planning Commission, the Commission may authorize telephone betting at any track where racing is authorized.

(b) The breakage and takeout on all telephone betting shall be computed in the way normally applicable to pari-mutuel betting on racing the licensee holds.
Md. Code, Criminal Procedure § 11-926.1 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-926.1
§11–926.
Status: in_force

§11–926.1.

(a) (1) The Governor’s Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.

(2) The reporting program shall:

(i) track the location, status, and chain of custody of sexual assault evidence collection kits in the State;

(ii) receive information relating to the location, status, and chain of custody from any law enforcement agency or person with control or possession of a sexual assault evidence collection kit; and

(iii) allow for a victim or a victim’s representative to track the location, status, and chain of custody of a sexual assault evidence collection kit containing samples taken from the victim.

(3) (i) Information contained in the reporting system is not open to public inspection.

(ii) The Governor’s Office of Crime Prevention and Policy may disclose information contained in the reporting system only to:

1. the victim about whom the information pertains;

2. a victim’s representative for the victim about whom the information pertains;

3. a sexual assault crisis program established under § 11–923 of this subtitle;

4. a child advocacy center established under § 11–928 of this subtitle;

5. a law enforcement agency;

6. a State’s Attorney;

7. a person authorized by the Governor’s Office of Crime Prevention and Policy to receive the information; or

8. a person entitled to receive the information by federal or State law, subpoena, court rule, or court order.

(b) (1) Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State’s Attorney, that has control or possession of a sexual assault evidence collection kit shall:

(i) report location, status, and chain of custody information to the reporting program established under this section in a manner required by the Governor’s Office of Crime Prevention and Policy; and

(ii) comply with all regulations developed by the Governor’s Office of Crime Prevention and Policy under this section.

(2) A law enforcement agency or a person, including a health care provider, forensic laboratory, or State’s Attorney, that had control or possession of a sexual assault evidence collection kit before October 1, 2023, and has control or possession of the sexual assault evidence collection kit on or after October 1, 2023, shall report location, status, and chain of custody information to the reporting program established under this section on or before March 31, 2026.

(c) (1) The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.

(2) Regulations adopted by the Governor’s Office of Crime Prevention and Policy in accordance with this section shall include:

(i) requirements for reporting the location and chain of custody of a sexual assault evidence collection kit to the program established by the Governor’s Office of Crime Prevention and Policy under this section; and

(ii) procedures for disclosing information about sexual assault evidence collection kits included in the reporting program, including disclosure to parties authorized to receive information contained in the reporting system.
Md. Code, Agriculture § 11-413 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-413
§11–413.
Status: in_force

The Secretary may seek an injunction to restrain any person from using equipment, methods of sampling, weighing, testing, or otherwise operating in violation of this subtitle or any rule or regulation adopted by the Secretary pursuant to it to prevent further or continuing violations.
Md. Code, Education § 11-211 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-211
§11–211.
Status: in_force

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

(2) “Closing institution” means a private career school or an institution of postsecondary education that closes at least one program in a manner that is a disorderly closure.

(3) “Disorderly closure” means the cessation of educational instruction, as determined by the Commission, of a program in which:

(i) The institution did not provide a satisfactory amount of time, as determined by the Commission, for all Maryland students to complete the program;

(ii) The institution did not transition all Maryland students into another program at the institution; or

(iii) The institution did not enter into at least one school–to–school teach–out agreement.

(4) “Eligible transfer institution” means a private career school or an institution of postsecondary education that:

(i) 1. Has a certificate of approval from the Commission in accordance with § 11–202 of this subtitle;

2. Is registered with the Commission in accordance with § 11–202.2 of this subtitle; or

3. Is exempt from registering with the Commission in accordance with § 11–202.2 of this subtitle;

(ii) Is in good standing with its accreditor and, if applicable, its licensing body;

(iii) If applicable, has cohort loan default rates, as most recently reported by the U.S. Department of Education, that are less than or equal to:

1. The cohort loan default rates of the closing institution; or

2. The national average cohort loan default rates for all institutions;

(iv) Is not currently under financial aid restrictions by the U.S. Department of Education; and

(v) Within the previous 5 years:

1. Has not entered into any settlement agreements related to a consumer protection law with a law enforcement agency; and

2. Has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency.

(5) “Fully online distance education program in the State” has the meaning stated in § 11–202.2 of this subtitle.

(6) “Institutional debt” means:

(i) The amount outstanding on any credit, including unpaid charges, extended by or on behalf of the institution that a student is obligated to repay, whether the amount has been reduced to judgment or the institution classifies it as a loan; or

(ii) A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:

1. A private career school;

2. An institution of postsecondary education; or

3. A private educational lender that is affiliated with a private career school or an institution of postsecondary education.

(7) “Institutional financial aid agreement” means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt.

(b) This section applies to a private career school or an institution of postsecondary education, as defined in § 10–101 of this article, that:

(1) Operates in the State; or

(2) Enrolls at least 25 students in a fully online distance education program in the State and that has total tuition revenue from Maryland students greater than $100,000 in the immediately preceding academic year.

(c) (1) (i) In addition to any other requirement of this title, an institution identified in subsection (b) of this section shall provide to the Commission a close–out agreement.

(ii) A close–out agreement provided under this paragraph shall be updated as required by the Commission.

(2) A close–out agreement under this subsection shall state that:

(i) The institution will make all reasonable efforts to ensure that any closure of a program that enrolls Maryland students is not a disorderly closure;

(ii) Unless exempted by the Commission, the chief executive officer and the members of the governing body of the institution were never in an executive position or a member of a governing body of an institution in which a disorderly closure occurred;

(iii) Any institutional financial aid agreement offered to a Maryland student shall contain language stating that, in the event of a disorderly closure, the institutional debt is void and may not be recovered, collected, or enforced.

(3) A school–to–school teach–out agreement shall:

(i) Be arranged by the closing institution;

(ii) Be between an eligible transfer institution, the closing institution, and the Commission; and

(iii) Unless waived for good cause by the Commission, specify that the eligible transfer institution:

1. If the closing institution has a physical presence in the State, is located within a reasonable distance of the closing institution;

2. Shall accept the transfer of 75% of completed credits from students affected by the disorderly closure;

3. Shall allow a Maryland student affected by the disorderly closure to complete the student’s program with substantially the same number of credit hours as was required by the institution operating the closing program; and

4. May not charge a Maryland student tuition or fees in excess of the lesser of:

A. The remaining amount that a Maryland student affected by the disorderly closure would have paid to the closing institution to complete the program; or

B. The transfer institution’s applicable tuition and fees; and

(iv) Specify that, on request by a Maryland student affected by the disorderly closure, the closing institution shall provide a complete academic record and an official transcript to the Maryland student at no cost to the Maryland student or the State.

(d) It shall be an unfair, abusive, or deceptive trade practice as defined in § 13–301 of the Commercial Law Article for any institution, person, or entity to collect on a Maryland student’s institutional debt if:

(1) The institutional financial aid agreement does not contain the language required under subsection (c)(2)(iv) of this section; or

(2) The institutional debt is owed by a Maryland student who attended a program in which a disorderly closure occurred.

(e) The Commission shall adopt regulations to carry out the provisions of this section.
Md. Code, Education § 11-206.5 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-206.5
§11–206.
Status: in_force

§11–206.5.

(a) In this section, “Graduate Professional Certificate Program” means a program that:

(1) Offers and awards a graduate certificate for successful completion of the number of courses required by the appropriate national professional association or state licensure or certification board for business and health professions and occupations; and

(2) Satisfies the requirements beyond the baccalaureate level for licensure or certification in a profession or occupation.

(b) An institution of higher education may establish a Graduate Professional Certificate Program if the institution offers a degree program directly related to the area of licensure or certification.

(c) (1) The president of an institution of higher education shall notify the governing board of the institution and the Commission of the institution’s intent to offer a Graduate Professional Certificate Program.

(2) The Program shall be approved by the Commission and implemented consistent with the provisions of this section.
Md. Code, Alcoholic Beverages and Cannabis § 11-1306 — MD Code / Article gab / Title 11 / Subtitle 13 / Section 11-1306
§11–1306.
Status: in_force

(a) There is a Class WT wine tasting license.

(b) The Board may issue the license to a holder of a Class BW license or Class BWL license.

(c) The license authorizes the license holder to allow on–premises consumption for tasting of light wine.

(d) The license holder may serve a quantity of not more than 1 ounce from each offering to an individual.

(e) The annual license fee is:

(1) $50 for a holder of a Class BW license; and

(2) $150 for a holder of a Class BWL license.
Md. Code, Commercial Law § 11-1502 — MD Code / Article gcl / Title 11 / Subtitle 15 / Section 11-1502
§11–1502.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not advertise or conduct a live musical performance or production in the State through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.

(b) Subsection (a) of this section does not apply if:

(1) The performing group is the authorized registrant and owner of a service mark for that group that is registered with the United States Patent and Trademark Office;

(2) At least one member of the performing group was a member of the recording group and the member has a legal right to the recording group name due to the member’s use of or operation under the group name without having abandoned the recording group name or affiliation with the recording group;

(3) The live musical performance or production is identified in all advertising and promotion as a salute, tribute, parody, or satire and the performing group name is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

(4) The advertising does not relate to a live musical performance or production in the State; or

(5) The performance or production is expressly authorized by the recording group.
Md. Code, Financial Institutions § 11-603.1 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-603.1
§11–603.
Status: in_force

§11–603.1.

(a) In this section, “affiliated insurance producer–mortgage loan originator” means an individual who:

(1) Originates mortgage loans only on behalf of a single financial institution that is:

(i) Described in § 11–502(b)(1) of this title; and

(ii) Approved by the Commissioner under subsection (b) of this section;

(2) Is a licensed insurance producer in good standing under § 10–103 of the Insurance Article; and

(3) Holds an appointment as an insurance producer for an insurer that controls, is controlled by, or is under common control with:

(i) The financial institution described in item (1) of this subsection; or

(ii) A mortgage lender licensee that:

1. Is approved by the Commissioner under subsection (c) of this section; and

2. Originates loans only on behalf of the financial institution described in item (1) of this subsection under an exclusive contract with the financial institution.

(b) The Commissioner shall approve a financial institution described in subsection (a)(1) of this section based on the following criteria:

(1) The financial institution is in good standing with its primary state or federal regulator; and

(2) The financial institution is in material compliance with applicable state and federal law.

(c) The Commissioner shall approve a mortgage lender licensee described in subsection (a)(3)(ii) of this section based on the following criteria:

(1) The mortgage lender licensee is in good standing with the Commissioner and any other regulator to which it is subject; and

(2) The mortgage lender licensee is in material compliance with applicable state and federal law.

(d) Approval by the Commissioner of a financial institution under subsection (b) of this section and a mortgage lender licensee under subsection (c) of this section shall be in writing.

(e) (1) An application for a license under this section shall be in the form approved by the Commissioner.

(2) The application shall require the identification of:

(i) The financial institution described in subsection (a)(1) of this section;

(ii) If applicable, the mortgage lender licensee described in subsection (a)(3)(ii) of this section; and

(iii) The insurer with which the applicant holds an appointment.

(3) An application for a license under this section shall be signed by an authorized representative of:

(i) The financial institution identified in the application; or

(ii) If a mortgage lender licensee is identified in the application, the mortgage lender licensee.

(f) Notwithstanding §§ 11–602(a) and 11–603 of this subtitle, and subject to the provisions of this section, a license issued under this section authorizes the licensee to act as a mortgage loan originator.

(g) An applicant for a license under this section and a licensee under this section shall comply with all other requirements for licensure as a mortgage loan originator under this subtitle.

(h) A licensee under this section shall limit the licensee’s activities to originating mortgage loans only on behalf of a single financial institution approved by the Commissioner under subsection (b) of this section.

(i) The financial institution identified in a licensee’s license application or, if a mortgage lender licensee is identified in a licensee’s license application, the mortgage lender licensee shall:

(1) Supervise the licensee, including providing direction through written instructions or electronic means and by periodically examining the licensee’s books, records, and other aspects of the licensee’s business;

(2) Be held jointly and severally liable with the licensee for claims arising out of the licensee’s mortgage loan origination activities; and

(3) Meet, or cause the licensee to meet, the surety bond requirements under § 11–619(c) of this subtitle.

(j) Except as provided in subsection (k) of this section, a licensee under this section may not:

(1) Aid or assist a borrower to obtain a mortgage loan from a financial institution other than the financial institution identified in the licensee’s license application;

(2) Except for compensation based on the principal balance of a mortgage loan, be compensated by any person for mortgage loan origination activities on a basis that depends on the terms of the mortgage loan, including interest rate or fees;

(3) Receive a finder’s fee, as defined in § 12–801 of the Commercial Law Article;

(4) Handle borrower or other third party funds in connection with the origination or closing of a mortgage loan;

(5) Refer a borrower to any other licensee under Subtitle 5 of this title; or

(6) Make or service a mortgage loan.

(k) A licensee under this section may forward a check to the financial institution identified in the licensee’s license application if the check is:

(1) Made payable to the financial institution;

(2) From an applicant for a mortgage loan; and

(3) In connection with an application for a mortgage loan to cover costs for:

(i) An appraisal;

(ii) A credit report; or

(iii) Processing the application.

(l) (1) An individual may not act as an affiliated insurance producer–mortgage loan originator under a name or for an employer that is different from the name and employer that appear on the license unless the licensee:

(i) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, in advance of a change in the licensee’s name or the licensee’s employer;

(ii) Pays to the Commissioner a license amendment fee set by the Commissioner for each notice provided under item (i) of this paragraph; and

(iii) In the case of a new employer, amends the sponsorship information on NMLS by submitting the amendment in the form required by the Commissioner to indicate that the licensee is an employee of the new employer.

(2) If a licensee ceases to be employed by a financial institution approved by the Commissioner under subsection (b) of this section, the licensee shall notify the Commissioner within 10 business days, and the license shall be placed into nonactive status through NMLS.

(3) During the time that a license is in nonactive status, it is a violation of this subtitle for the licensee to engage in any activity for which a license is required under this subtitle.

(4) The license shall remain in nonactive status until the licensee:

(i) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, that the licensee has obtained employment with a financial institution that is approved by the Commissioner under subsection (b) of this section; and

(ii) Has complied with the requirements set forth in paragraph (1) of this subsection.

(m) The Commissioner may issue a license under this subtitle to an individual who is not employed by a financial institution approved by the Commissioner under subsection (b) of this section, provided that the license is placed into and remains in nonactive status until the licensee:

(1) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, that the licensee has obtained employment with a financial institution approved by the Commissioner under subsection (b) of this section; and

(2) Has complied with the requirements set forth in subsection (l)(1) of this section.
Md. Code, Commercial Law § 11-106 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) In enforcing this subtitle, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this subtitle from any person engaged in the act or practice.

(b) The assurance of discontinuance shall be in writing and filed with and subject to the approval of the court of the county where the alleged violator resides or has his principal place of business.

(c) The assurance of discontinuance may not be considered for any purpose as an admission of a violation. However, proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this subtitle.
Md. Code, Transportation § 11-169 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-169
§11–169.
Status: in_force

(a) “Trailer” means, except as provided in subsection (b) of this section, a vehicle that:

(1) Has no motive power;

(2) Is designed to carry people or property and to be towed by a motor vehicle; and

(3) Is constructed so that no part of its weight rests on the towing vehicle.

(b) “Trailer” does not include a pole trailer.
Md. Code, Correctional Services § 11-1106 — MD Code / Article gcs / Title 11 / Subtitle 11 / Section 11-1106
§11–1106.
Status: in_force

(a) Subject to subsection (b) of this section, the Sheriff’s Office may not bring administrative charges against a correctional officer unless the Sheriff’s Office files the charges within 1 year after the act that gives rise to the charges comes to the attention of the appropriate Sheriff’s Office official.

(b) The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or brutality.
Md. Code, Alcoholic Beverages and Cannabis § 11-205 — MD Code / Article gab / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

The Board may allow the sale of alcoholic beverages in or on a parking lot, picnic ground, building, or terrace that is an integral part of the licensed premises.
Md. Code, Criminal Procedure § 11-1102 — MD Code / Article gcp / Title 11 / Subtitle 11 / Section 11-1102
§11–1102.
Status: in_force

(a) There is a Victim Services Unit in the Governor’s Office of Crime Prevention and Policy.

(b) The Unit consists of:

(1) the Criminal Injuries Compensation Board under Subtitle 8 of this title;

(2) the program for sexual assault forensic examinations under § 11–1007 of this title;

(3) a restitution section; and

(4) any other program that provides victim services under the Governor’s Office of Crime Prevention and Policy that the Executive Director determines would benefit from inclusion under the Unit.
Md. Code, Criminal Procedure § 11-203 — MD Code / Article gcp / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

As provided under § 5-201 of this article or § 3-8A-15 of the Courts Article, the court, a juvenile intake officer, or a District Court commissioner shall consider:

(1) the safety of the alleged victim in setting conditions of:

(i) the pretrial release of a defendant; or

(ii) the prehearing release of a child respondent who is alleged to have committed a delinquent act; and

(2) a condition of no contact with the alleged victim or the alleged victim’s premises or place of employment.
Md. Code, Corporations and Associations § 11-409 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-409
§11–409.
Status: in_force

(a) The Commissioner may require by rule or order:

(1) A minimum capital for a registered broker-dealer, subject to the limitations of § 15 of the Securities Exchange Act of 1934; and

(2) Minimum financial requirements for an investment adviser, subject to the limitations of § 222 of the Investment Advisers Act of 1940.

(b) These financial requirements may include different requirements for those investment advisers who maintain custody of clients’ funds or securities, or who require payment more than 6 months in advance of fees in excess of $500, and those investment advisers who do not.
Md. Code, Transportation § 11-131 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-131
§11–131.
Status: in_force

“Mail” means to deposit in the United States mail, properly addressed and with postage prepaid.
Md. Code, Criminal Procedure § 11-713 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-713
§11–713.
Status: in_force

The Department:

(1) as soon as possible but not later than 3 working days after receiving the conviction data and fingerprints of a registrant, shall transmit the data and fingerprints to the Federal Bureau of Investigation if the Bureau does not have that information;

(2) shall keep a central registry of registrants and a listing of juvenile sex offenders;

(3) shall weekly transmit the central registry of registrants to the State Department of Education in a format that can be used by the State Superintendent to cross–reference with the database of licensed child care centers, registered family child care homes, and approved Child Care Subsidy Program informal providers;

(4) shall reimburse local law enforcement units for the cost of processing the registration statements of registrants, including the cost of taking fingerprints, palm prints, and digital images;

(5) shall reimburse local law enforcement units for the reasonable costs of implementing community notification procedures;

(6) shall be responsible for receiving and distributing all intrastate, federal, and foreign government communications relating to the registration of sex offenders; and

(7) shall notify all jurisdictions where the registrant will reside, carry on employment, or attend school within 3 days of changes in the registrant’s registration.
Md. Code, Tax - General § 11-206 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

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

(2) “Facility for food consumption” does not include parking spaces for vehicles as the sole accommodation.

(3) (i) “Food” means food for human consumption.

(ii) “Food” includes the following foods and their products:

1. beverages, including coffee, coffee substitutes, cocoa, fruit juices, and tea;

2. condiments;

3. eggs;

4. fish, meat, and poultry;

5. fruit, grain, and vegetables;

6. milk, including ice cream; and

7. sugar.

(iii) “Food” does not include:

1. an alcoholic beverage as defined in § 5–101 of this article;

2. a soft drink or carbonated beverage;

3. a cannabinoid beverage as defined in § 36–101 of the Alcoholic Beverages and Cannabis Article; or

4. candy or confectionery.

(4) “Food for immediate consumption” means:

(i) food obtained from a salad, soup, or dessert bar;

(ii) party platters;

(iii) heated food;

(iv) sandwiches suitable for immediate consumption; or

(v) ice cream, frozen yogurt, and other frozen desserts, sold in containers of less than 1 pint.

(5) “Premises” includes any building, grounds, parking lot, or other area that:

(i) a food vendor owns or controls; or

(ii) another person makes available primarily for the use of the patrons of 1 or more food vendors.

(6) “Substantial grocery or market business” means a business at which at least 10% of all sales of food are sales of grocery or market food items, not including food normally consumed on the premises even though it is packaged to carry out.

(b) The sales and use tax does not apply to a sale of food stamp eligible food, as defined in 7 U.S.C. § 2012, bought with a food coupon issued in accordance with 7 U.S.C. § 2016.

(c) (1) Except as provided in paragraph (2) of this subsection, the sales and use tax does not apply to a sale of food for consumption off the premises by a food vendor who operates a substantial grocery or market business at the same location where the food is sold.

(2) The exemption under paragraph (1) of this subsection does not apply to:

(i) food that the vendor serves for consumption on the premises of the buyer or of a third party; or

(ii) food for immediate consumption.

(d) The sales and use tax does not apply to:

(1) a sale of food:

(i) to patients in a hospital when the food charge is included in the regular room rate;

(ii) by a church or religious organization;

(iii) by a school other than an institution of postsecondary education, including sales at a school by a food concessionaire that is under contract with the school or with its designated contract agent, but not including sales at events that are not sponsored by the school or are not educationally related;

(iv) to students at an institution of postsecondary education if the food charge is for a meal plan or is included in the regular charge for room and board; or

(v) by a nonprofit food vendor if there are no facilities for food consumption on the premises, unless the food is sold within an enclosure for which a charge is made for admission;

(2) if the proceeds of the sale are used to support a bona fide nationally organized and recognized organization of veterans or auxiliary of the organization or 1 of its units, a sale of food or meals for consumption only on the premises, served by the organization or auxiliary;

(3) if the proceeds of the sale are used to support a volunteer fire company or department or its auxiliary or a volunteer ambulance company or rescue squad or its auxiliary, a sale of food served by the company, department, squad, or auxiliary; or

(4) a sale of food, bottled water, soft drink or carbonated beverage, or candy or confectionery by a nonprofit food vendor at a youth sporting event or 4–H youth event for individuals under the age of 18 years if there are no facilities for food consumption on the premises, unless the sale is within an enclosure for which a charge is made for admission.

(e) The sales and use tax does not apply to a sale of food or any beverage in a vehicle that is being operated in the State while in the course of interstate commerce.

(f) The sales and use tax does not apply to a sale for consumption off the premises of:

(1) crabs; or

(2) seafood that is not prepared for immediate consumption.

(g) The sales and use tax does not apply to the sale through a vending machine of milk, fresh fruit, fresh vegetables, or yogurt.
Md. Code, Commercial Law § 11-706 — MD Code / Article gcl / Title 11 / Subtitle 7 / Section 11-706
§11–706.
Status: in_force

In any action brought under this subtitle, it is a defense that the advertisement concerning which the action is brought is subject to and complies with the rules and regulations of and the statutes administered by the Federal Trade Commission or any unit of the State government.
Md. Code, Education § 11-401 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) (1) Before any institution of postsecondary education operating in this State discontinues academic or administrative operation, the institution shall file with the Commission the original or legible copies of all essential records of the academic achievements of all former students of the institution.

(2) In the case of an institutional closure that results in a merger, the Commission may approve a plan to file the essential records of all former students of the institution with the successor institution.

(3) The obligation of an institution under paragraph (1) of this subsection may not be discharged in bankruptcy.

(b) (1) The records shall present, as separate documents:

(i) The official academic transcript of each former student;

(ii) Any other academic information usually required by institutions of postsecondary education when considering students for transfer or advanced study; and

(iii) If requested by the Commission, the financial aid and financial account information of each former student.

(2) The records shall be accompanied by an affidavit as to the accuracy and completeness of the records on behalf of the institution’s:

(i) Board of Trustees;

(ii) Bursar;

(iii) Chief administrative officer;

(iv) Chief executive officer;

(v) Chief financial officer; or

(vi) Registrar.

(c) The Commission shall maintain a permanent file of all records filed with it under this section.

(d) (1) If a student who attended an institution that closed in accordance with this title requests a copy of the student’s official academic transcript from the Commission and the Commission determines that the requested transcript is missing, incomplete, or in a format inaccessible to the student, the Commission may issue a replacement transcript for the student based solely on the most recent information provided by the institution that the student attended.

(2) A replacement transcript issued in accordance with paragraph (1) of this subsection shall:

(i) Be signed by a designee of the Secretary of Higher Education;

(ii) Contain an explanation of the closure of the institution; and

(iii) Contain an explanation of the source of all information contained in the replacement transcript.

(e) (1) Except as provided in paragraph (2) of this subsection, a replacement transcript issued in accordance with this section shall be accepted as an official transcript by:

(i) Any institution of postsecondary education operating in the State; and

(ii) Any institution registered to provide a fully online distance education program in the State.

(2) For purposes of student transfer, an institution of postsecondary education or a fully online distance education program in the State may consider, instead of or in addition to a replacement transcript, an unofficial transcript or other transcript information provided by the student that the receiving institution or program deems relevant.

(f) (1) The Commission shall adopt regulations necessary to carry out the provisions of this section.

(2) The regulations adopted in accordance with this subsection shall include:

(i) A specification of the manner and format in which student records are to be filed with the Commission; and

(ii) A description of the circumstances under which an institution of postsecondary education or a fully online distance education program in the State may discontinue academic or administrative operation.
Md. Code, Tax - General § 11-104 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

(a) Except as otherwise provided in this section, the sales and use tax rate is:

(1) for a taxable price of less than $1:

(i) 1 cent if the taxable price is 20 cents;

(ii) 2 cents if the taxable price is at least 21 cents but less than 34 cents;

(iii) 3 cents if the taxable price is at least 34 cents but less than 51 cents;

(iv) 4 cents if the taxable price is at least 51 cents but less than 67 cents;

(v) 5 cents if the taxable price is at least 67 cents but less than 84 cents; and

(vi) 6 cents if the taxable price is at least 84 cents; and

(2) for a taxable price of $1 or more:

(i) 6 cents for each exact dollar; and

(ii) for that part of a dollar in excess of an exact dollar:

1. 1 cent if the excess over an exact dollar is at least 1 cent but less than 17 cents;

2. 2 cents if the excess over an exact dollar is at least 17 cents but less than 34 cents;

3. 3 cents if the excess over an exact dollar is at least 34 cents but less than 51 cents;

4. 4 cents if the excess over an exact dollar is at least 51 cents but less than 67 cents;

5. 5 cents if the excess over an exact dollar is at least 67 cents but less than 84 cents; and

6. 6 cents if the excess over an exact dollar is at least 84 cents.

(b) If a retail sale of tangible personal property or a taxable service is made through a vending or other self–service machine, the sales and use tax rate is 6%, applied to 94.5% of the gross receipts from the vending machine sales.

(c) (1) In this subsection:

(i) “short–term vehicle rental” means a rental of a passenger car, as defined in § 11–144.2 of the Transportation Article, or a vehicle that may be registered as a Class D, E, F, G, or M vehicle under Title 13, Subtitle 9 of the Transportation Article, for a period of 180 days or less under the following terms:

1. the vendor does not provide a driver for the vehicle as a part of the rental; and

2. if the vehicle is a passenger car, as defined in § 11–144.2 of the Transportation Article, a multipurpose passenger vehicle, or a motorcycle, the vehicle is not to be used to transport individuals or property for hire; and

(ii) “short–term vehicle rental” does not include a rental of:

1. a dump truck, as described in § 13–919 of the Transportation Article;

2. a tow truck, as described in § 13–920 of the Transportation Article;

3. a farm vehicle exempt from the sales and use tax under § 11–201(a) of this title; or

4. a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article and that is subject to sales and use tax under subsection (c–1) of this section.

(2) The sales and use tax rate for a short–term vehicle rental for a taxable price of $2 or more is:

(i) if the vehicle is a passenger car, a multipurpose passenger vehicle, or a motorcycle:

1. 23 cents for each exact multiple of $2; and

2. for that part of $2 in excess of an exact multiple of $2:

A. 1 cent if the excess over an exact multiple of $2 is at least 1 cent but less than 9 cents;

B. 2 cents if the excess over an exact multiple of $2 is at least 9 cents but less than 18 cents;

C. 3 cents if the excess over an exact multiple of $2 is at least 18 cents but less than 27 cents;

D. 4 cents if the excess over an exact multiple of $2 is at least 27 cents but less than 35 cents;

E. 5 cents if the excess over an exact multiple of $2 is at least 35 cents but less than 44 cents;

F. 6 cents if the excess over an exact multiple of $2 is at least 44 cents but less than 53 cents;

G. 7 cents if the excess over an exact multiple of $2 is at least 53 cents but less than 61 cents;

H. 8 cents if the excess over an exact multiple of $2 is at least 61 cents but less than 70 cents;

I. 9 cents if the excess over an exact multiple of $2 is at least 70 cents but less than 79 cents;

J. 10 cents if the excess over an exact multiple of $2 is at least 79 cents but less than 87 cents;

K. 11 cents if the excess over an exact multiple of $2 is at least 87 cents but less than 96 cents;

L. 12 cents if the excess over an exact multiple of $2 is at least 96 cents but less than $1.05;

M. 13 cents if the excess over an exact multiple of $2 is at least $1.05 but less than $1.14;

N. 14 cents if the excess over an exact multiple of $2 is at least $1.14 but less than $1.22;

O. 15 cents if the excess over an exact multiple of $2 is at least $1.22 but less than $1.31;

P. 16 cents if the excess over an exact multiple of $2 is at least $1.31 but less than $1.40;

Q. 17 cents if the excess over an exact multiple of $2 is at least $1.40 but less than $1.48;

R. 18 cents if the excess over an exact multiple of $2 is at least $1.48 but less than $1.57;

S. 19 cents if the excess over an exact multiple of $2 is at least $1.57 but less than $1.66;

T. 20 cents if the excess over an exact multiple of $2 is at least $1.66 but less than $1.74;

U. 21 cents if the excess over an exact multiple of $2 is at least $1.74 but less than $1.83;

V. 22 cents if the excess over an exact multiple of $2 is at least $1.83 but less than $1.92; and

W. 23 cents if the excess over an exact multiple of $2 is at least $1.92 but less than $2.00; or

(ii) if the vehicle is a vehicle that may be registered as a Class E, F, or G vehicle under Title 13, Subtitle 9 of the Transportation Article:

1. 8 cents for each exact dollar; and

2. 2 cents for each 25 cents or part of 25 cents in excess of an exact dollar.

(c–1) The sales and use tax rate for sales and charges made in connection with a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article, is:

(1) except as provided in item (2) of this subsection, 8% of the taxable price; and

(2) 11.5% of the taxable price, if the vehicle is a passenger car, a multipurpose passenger vehicle, or a motorcycle that is part of a fleet of vehicles that includes more than 10 vehicles owned by the same person.

(d) The sales and use tax rate for the first retail sale of a manufactured home, as defined in § 12–301(g) of the Public Safety Article, is the rate imposed under subsection (a) of this section applied to 60% of the taxable price.

(e) The rate of the hotel surcharge imposed under § 11–102(b) of this subtitle is 2.5% of the taxable price.

(f) (1) In this subsection, “modular building” includes single–family or multifamily houses, apartment units, or commercial buildings, and permanent additions to single–family or multifamily houses, apartment units, or commercial buildings, comprised of one or more sections that are:

(i) intended to become real property;

(ii) primarily constructed at a location other than the permanent site at which they are to be assembled;

(iii) built to comply with the standards for industrialized buildings under Title 12, Subtitle 3 of the Public Safety Article; and

(iv) shipped with most permanent components in place.

(2) The sales and use tax rate for the sale of a modular building is the rate imposed under subsection (a) of this section applied to 60% of the taxable price.

(g) The sales and use tax rate for the sale of an alcoholic beverage, as defined in § 5–101 of this article, is:

(1) 9% of the charge for the alcoholic beverage; and

(2) 6% of a charge that is made in connection with the sale of an alcoholic beverage and is stated as a separate item of the consideration and made known to the buyer at the time of sale for:

(i) any labor or service rendered;

(ii) any material used; or

(iii) any property sold.

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

(ii) “Dyed diesel fuel” means diesel fuel that is dyed under U.S. Environmental Protection Agency rules for high sulfur diesel fuel or is dyed under Internal Revenue Service rules for nontaxable use.

(iii) “Marina” means a person who maintains a place of business where motor fuel is sold primarily to vessels.

(2) If a retail sale of dyed diesel fuel is made by a marina, the sales and use tax rate is 6%, applied to 94.5% of the gross receipts from the dyed diesel fuel sales.

(i) The sales and use tax rate for a mandatory gratuity or service charge in the nature of a tip for serving food or any type of beverage to a group of more than 10 individuals is 6%.

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

(ii) “Electronic smoking device” has the meaning stated in § 16.7–101 of the Business Regulation Article.

(iii) “Tobacco pipe” means a pipe made primarily of meerschaum, wood, or porcelain, with a bowl designed to be used without a screen or filter.

(iv) “Vaping liquid” has the meaning stated in § 16.7–101 of the Business Regulation Article.

(2) Except as provided in paragraph (3) of this subsection, the sales and use tax rate is 20% of the taxable price for electronic smoking devices.

(3) The sales and use tax for vaping liquid sold in a container that contains 5 milliliters or less of vaping liquid is 60% of the taxable price.

(4) The sales and use tax for tobacco pipes is 12% of the taxable price.

(k) The sales and use tax rate for cannabis, as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article is:

(1) for fiscal years 2024 through 2025, 9%; and

(2) for fiscal year 2026 and each fiscal year thereafter, 12%.

(l) (1) The sales and use tax for a sale of a taxable service described under § 11–101(m)(14) and (15) of this subtitle is 3% of the taxable price.

(2) If a different rate from the rate specified under paragraph (1) of this subsection could be applied to a sale or use of tangible personal property, a digital code, a digital product, or a taxable service, the higher rate shall apply to the sale.
Md. Code, Transportation § 11-154 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-154
§11–154.
Status: in_force

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

(1) Is used regularly for the exclusive transportation of children, students, or teachers for educational purposes or in connection with a school activity; and

(2) Is:

(i) A Type I school vehicle, as defined in this subtitle;

(ii) A Type II school vehicle, as defined in this subtitle; or

(iii) A vehicle that:

1. Was originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state;

2. Complies with regulations on transporting children enrolled in the federally funded Head Start Program adopted by the United States Department of Health and Human Services; and

3. Is used only for transporting children to and from a Head Start program.

(b) “School vehicle” does not include:

(1) A privately owned vehicle while it is carrying members of its owner’s household and not operated for compensation; or

(2) A vehicle that is registered as a Class M (multipurpose) vehicle under § 13–937 of this article or a Class A (passenger) vehicle under § 13–912 of this article and used to transport children between one or more schools or licensed child care centers or to and from designated areas that are approved by the Administration if:

(i) The vehicle is designed for carrying 15 persons or less, including the driver;

(ii) The children are permitted to embark or exit the vehicle only at a school or child care center or a designated area approved by the Administration;

(iii) The owner has obtained vehicle liability insurance or other security as required by Title 17 of this article; and

(iv) The vehicle is equipped with proper seat belts or safety seats so as to permit each child to be secured in a seat belt or a safety seat as required by §§ 22–412.2 and 22–412.3 of this article.
Md. Code, Business Regulation § 11-401 — MD Code / Article gbr / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

There is a Special Fund.
Md. Code, Commercial Law § 11-803 — MD Code / Article gcl / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

(a) Except as provided by subsection (b) of this section, a consignee entrusted with and in possession of a possessory document is considered the true owner of the goods described in the document for the purpose of any contract with a third person for:

(1) The sale or disposal of the goods; or

(2) The pledge or deposit of them as security for any money or negotiable instrument advanced or given on the faith of the possessory document.

(b) A contract, pledge, or deposit described in subsection (a) of this section is not valid if the third person has notice that the consignee is not the true owner of the goods.
Md. Code, Business Regulation § 11-821 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-821
§11–821.
Status: in_force

A permit entitles the holder to hold satellite simulcast betting at the satellite simulcast facility specified in the permit, but does not give the permit holder an ownership right to the permit or the simulcast signal.
Md. Code, Human Services § 11-404 — MD Code / Article ghu / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

The Corporation may not issue stock or declare or pay dividends.
Md. Code, Economic Development § 11-316 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-316
§11–316.
Status: in_force

The authority may:

(1) acquire, improve, develop, manage, market, lease as lessor or lessee, operate, and maintain a project; and

(2) acquire, either directly or by or through an agreement with the United States Department of Defense or a military service, by purchase or otherwise, any property, rights, rights-of-way, franchises, easements, and other interests in land, including land lying under water and riparian rights located in or outside the State as necessary or convenient to improve or operate a project on terms and at prices that the authority considers to be reasonable.
Md. Code, Alcoholic Beverages and Cannabis § 11-1903 — MD Code / Article gab / Title 11 / Subtitle 19 / Section 11-1903
§11–1903.
Status: in_force

(a) A holder of a Class D beer, wine, and liquor license may sell alcoholic beverages or allow alcoholic beverages to be provided only in a room with at least one plain glass window facing the street.

(b) (1) The window shall enable an individual standing on the ground to observe the interior of the premises when sales of alcoholic beverages are prohibited.

(2) The view afforded by the window may not be obstructed when sales of alcoholic beverages are prohibited.
Md. Code, Alcoholic Beverages and Cannabis § 11-2605 — MD Code / Article gab / Title 11 / Subtitle 26 / Section 11-2605
§11–2605.
Status: in_force

An inspector who investigates a license violation may issue a civil citation as provided in § 10–119 of the Criminal Law Article.
Md. Code, Criminal Procedure § 11-608 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-608
§11–608.
Status: in_force

(a) A judgment of restitution is a money judgment in favor of the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution.

(b) The judgment of restitution may be enforced by the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution in the same manner as a money judgment in a civil action.

(c) Except as otherwise expressly provided under Part I of this subtitle, a person, governmental unit, or third-party payor to whom a restitution obligor has been ordered to pay restitution has all the rights and obligations of a money judgment creditor under the Maryland Rules, including the obligation under Maryland Rule 2-626 or 3-626 on receiving all amounts due under the judgment to file a statement that the judgment has been satisfied.
Md. Code, Business Regulation § 11-208 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) Each law enforcement officer shall cooperate with the Commission to enforce this title.

(b) On request of the Commission, the Governor may order the Police Commissioner of Baltimore City or the sheriff of a county to assign enough law enforcement officers to prevent unauthorized racing.
Md. Code, Education § 11-803 — MD Code / Article ged / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

The Maryland Digital Library, in collaboration with the county libraries, Enoch Pratt Free Library, the Maryland State Archives, and elementary and secondary school libraries, may develop programs to support all residents of the State.
Md. Code, Alcoholic Beverages and Cannabis § 11-1507 — MD Code / Article gab / Title 11 / Subtitle 15 / Section 11-1507
§11–1507.
Status: in_force

The prohibition against issuing multiple licenses to an individual or for use of an entity does not apply to:

(1) resort complexes;

(2) entertainment facilities, including entertainment concessions;

(3) motel–restaurant complexes;

(4) hotel–restaurant complexes having at least 100 rooms; or

(5) hotel–limited service (on–sale) licenses.
Md. Code, State Finance and Procurement § 11-302 — MD Code / Article gsf / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

An employer subject to this subtitle shall provide employees with written notice of the protections and remedies provided by this subtitle.
Md. Code, Health Occupations § 11-203 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) From among its members, the Board every 2 years shall elect a president, a secretary, and a treasurer.

(b) The Board shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, Education § 11-802 — MD Code / Article ged / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

On receipt of recommendations from the Maryland Digital Library Advisory Council the Commission may encourage each academic library at a public or private nonprofit institution of postsecondary education to:

(1) Increase shared access to information of critical value in Internet-accessible electronic form and in library collections of books, journals, sound recordings, and other traditional forms of material;

(2) Optimize effective use of funding in the acquisition and creation of digital resources;

(3) Digitize unique collections in the academic library to create Internet and other on-line resources beneficial to elementary, secondary, and higher education;

(4) Train librarians and staff to improve services in the information technology environment; and

(5) Develop programs that support training library users to access Internet and electronic materials.
Md. Code, Correctional Services § 11-406 — MD Code / Article gcs / Title 11 / Subtitle 4 / Section 11-406
§11–406.
Status: reserved

(a) An incarcerated individual committed to or held in a local correctional facility may be transferred to the correctional farm in the county.

(b) Unless excused for good cause, an incarcerated individual committed to a correctional farm shall work as directed on the correctional farm or any real property leased in connection with the correctional farm.
Md. Code, Public Utilities § 11-202 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) The Commission may act for the United States Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to intrastate pipelines located within the State to the extent authorized by certification or agreement with the United States Secretary of Transportation under 49 U.S.C. Chapter 601.

(b) The Commission shall:

(1) make periodic certifications and reports to the federal Department of Transportation as may be required under 49 U.S.C. Chapter 601; and

(2) take any other actions necessary to carry out its responsibilities under a certification or agreement with the United States Secretary of Transportation under this subtitle.

(c) The authority of the Commission extends only to pipeline safety and enforcement and does not extend to hazardous liquid spill cleanup and remediation.
Md. Code, Criminal Procedure § 11-811 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-811
§11–811.
Status: in_force

(a) (1) (i) Except as otherwise provided in this subsection, an award under this subtitle shall be made in accordance with the schedule of benefits, as it existed on January 1, 2001, and degree of disability as specified in Title 9, Subtitle 6 of the Labor and Employment Article and any other applicable provisions of the Labor and Employment Article, except for Title 9, Subtitle 8 of the Labor and Employment Article.

(ii) For determining the amount of an award under this subtitle, the term “average weekly wages” does not include tips, gratuities, and wages that are undeclared on the claimant’s State or federal income tax returns for the applicable years.

(iii) If a claimant does not have “average weekly wages” to qualify under the formula in Title 9, Subtitle 6 of the Labor and Employment Article, the award shall be in an amount equal to the average of the maximum and minimum awards listed in the applicable portion of that subtitle.

(2) An award for loss of earnings or support made under this subtitle may be up to two–thirds of the victim’s gross average wage, but may not be less than the amount provided in paragraph (1) of this subsection.

(3) The parent or guardian of a victim who is a child and who resides with the victim may be eligible for an award of up to 30 days of lost earnings as a result of caring for the victim.

(4) An award for funeral expenses may not exceed $10,000.

(5) Subject to the limitation under subsection (b)(3) of this section and § 11–812 of this subtitle, a person who is eligible for an award as the result of the death of a victim or psychological injury may be eligible, under the regulations that the Board adopts, to receive psychiatric, psychological, or mental health counseling.

(6) Subject to the limitation under subsection (b)(6) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who resides with the victim and who is eligible for an award as the result of the injury of a victim is eligible to receive psychiatric, psychological, or mental health counseling.

(7) Subject to the limitation under subsection (b)(7) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who died as a direct result of a crime or delinquent act is eligible for an award of up to 2 weeks of lost average weekly wages.

(b) Compensation awarded under this subtitle may not exceed:

(1) for a disability–related or dependency–related claim:

(i) except as provided in item (ii) of this paragraph, $25,000; or

(ii) if the injury to the victim results in permanent total disability, up to an additional $25,000 after a disability–related claim has been awarded to the victim;

(2) $45,000 for a medical claim;

(3) $45,000 for each claimant for psychiatric, psychological, or mental health counseling under subsection (a)(5) of this section;

(4) except as provided in item (1)(ii) of this subsection, a total of $45,000, including any subsequent and supplemental awards;

(5) $2,000 for each claimant for repair, replacement, or cleaning of property damaged, soiled, or littered as a result of a crime or law enforcement investigation of a crime, including the cost of replacing locks;

(6) for an award for psychiatric, psychological, or mental health counseling made under subsection (a)(6) of this section:

(i) $10,000 for each claimant; and

(ii) $20,000 for each incident; or

(7) $2,000 for lost average weekly wage claims made under subsection (a)(7) of this section.

(c) An award made under this subtitle shall be reduced by the amount of any payments received or to be received as a result of the injury:

(1) from or on behalf of the offender;

(2) except as provided in item (3) of this subsection, from any other public or private source, including an award of the State Workers’ Compensation Commission under the Maryland Workers’ Compensation Act;

(3) from any proceeds of life insurance in excess of $25,000; or

(4) as an emergency award under § 11–813 of this subtitle.

(d) If there are two or more persons entitled to an award as a result of the death of a victim, the award shall be apportioned among the claimants.

(e) The Board may negotiate a settlement with:

(1) a health care provider for the medical and medically related expenses; or

(2) a person that has provided funeral or death–related services in relation to the death of a victim.
Md. Code, Courts and Judicial Proceedings § 11-511 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-511
§11–511.
Status: in_force

(a) If a dispute exists as to the distribution of the proceeds of a sheriff’s sale, the sheriff may file one or more returns.

(b) The court may ratify one of the returns, or may direct the sheriff to file further returns.

(c) The ratification of a return under this section is a final order.
Md. Code, Correctional Services § 11-312 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-312
§11–312.
Status: in_force

(a) A center shall have a community advisory board.

(b) The county operating the center shall determine the advisory function, composition, and appointment of members of the community advisory board.

(c) The director of the center shall consult with and generally inform the community advisory board periodically concerning incarcerated individuals in the center.
Md. Code, Financial Institutions § 11-220 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-220
§11–220.
Status: in_force

The Commissioner shall report to the appropriate State’s Attorney any alleged criminal violation of the Maryland Consumer Loan Law.
Md. Code, State Personnel and Pensions § 11-106 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) Before taking any disciplinary action related to employee misconduct, an appointing authority shall:

(1) investigate the alleged misconduct;

(2) meet with the employee;

(3) consider any mitigating circumstances;

(4) determine the appropriate disciplinary action, if any, to be imposed; and

(5) give the employee a written notice of the disciplinary action to be taken and the employee’s appeal rights.

(b) Except as provided in subsection (c) of this section, an appointing authority may impose any disciplinary action no later than 30 days after the appointing authority acquires knowledge of the misconduct for which the disciplinary action is imposed.

(c) (1) An appointing authority may suspend an employee without pay no later than 5 workdays following the close of the employee's next shift after the appointing authority acquires knowledge of the misconduct for which the suspension is imposed.

(2) Saturdays, Sundays, legal holidays, and employee leave days are excluded in calculating the 5-workday period under this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 11-202 — MD Code / Article gab / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) (1) The Governor shall appoint three members to the Board.

(2) The appointments shall be made:

(i) if the Senate is in session, with the advice and consent of the Senate; or

(ii) if the Senate is not in session, by the Governor alone.

(b) (1) Each member of the Board shall be:

(i) a resident and voter of the county; and

(ii) an individual of high character and integrity and of recognized business capacity.

(2) No more than two members of the Board may belong to the same political party.

(c) (1) The term of a member is 2 years.

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

(d) (1) The Governor shall appoint an eligible individual to fill a vacancy during the remainder of the term of office of the individual originally appointed in accordance with subsection (a) of this section.

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

(e) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty.

(2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days’ notice, an opportunity to be heard publicly in person or by counsel.

(3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor’s findings on the charges.
Md. Code, Financial Institutions § 11-512 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-512
§11–512.
Status: in_force

(a) A licensee may not add, delete, or modify a location required to be listed in NMLS under § 11–505(f)(2) or (3) of this subtitle unless:

(1) The licensee provides to the Commissioner, through NMLS and in accordance with any regulations the Commissioner adopts, notice of the addition, deletion, or modification;

(2) The addition, deletion, or modification of the location is recorded with the information associated with the licensee’s license in NMLS; and

(3) The addition, deletion, or modification of the location otherwise complies with this subtitle.

(b) The licensee may not do business at a location required to be listed in NMLS by § 11–505(f)(2) or (3) of this subtitle until the location is recorded with the information associated with the licensee’s license in NMLS.

(c) (1) A licensee may not undergo a change in control unless the licensee:

(i) Notifies the Commissioner through NMLS of the proposed change;

(ii) Makes a request through NMLS that the Commissioner approve the proposed change;

(iii) Provides any information the Commissioner may require under paragraph (3) of this subsection; and

(iv) Receives the approval of the Commissioner through NMLS.

(2) For purposes of this subsection:

(i) If the licensee is a corporation, “control” means direct or indirect ownership of, or the right to control, 25% or more of the voting shares of the licensee, or the ability to elect a majority of the directors or otherwise effect a change in policy; and

(ii) If the licensee is an entity other than a corporation, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the licensee, whether through the ownership of voting securities, by contract, or otherwise.

(3) Within 60 days after receiving a request for approval of a proposed change in control, the Commissioner may require the licensee to provide any information deemed necessary to determine whether a new application is required because of the proposed change in control.

(4) The Commissioner shall approve or deny a request for approval of a proposed change in control:

(i) Within 60 days after the date the Commissioner receives the request; or

(ii) If the Commissioner requests information from the licensee under paragraph (3) of this subsection, within 60 days after the date the information is received by the Commissioner.

(5) If the Commissioner does not approve or deny a request for approval of a proposed change in control as provided under paragraph (4) of this subsection, the request shall be deemed approved.

(d) In addition to any sanctions which may be imposed under this subtitle by the Commissioner, a licensee who fails to provide in a timely manner the notice required under subsection (a)(1) or (c)(1) of this section shall:

(1) For each such failure pay to the Commissioner a surcharge in the amount of $500; and

(2) For a licensee who fails to provide in a timely manner the notice required under subsection (c)(1) of this section, file with the Commissioner an application for a new license, together with all applicable application and investigation fees.
Md. Code, Corporations and Associations § 11-203 — MD Code / Article gca / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) (1) The Commissioner from time to time may make, amend, and rescind the rules, forms, and orders necessary to carry out the provisions of this title, including rules and forms governing registration statements, notice filings, applications, and reports and defining any terms, whether or not used in this title, to the extent that the definitions are not inconsistent with the provisions of this title.

(2) The Commissioner may by rule classify securities, persons, and matters within his jurisdiction, and prescribe different requirements for different classes.

(b) (1) A rule, form, or order may not be made, amended, or rescinded unless the Commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of this title.

(2) In prescribing rules and forms the Commissioner may cooperate with the securities administrators of the other states and the Securities and Exchange Commission with a view to effectuating the policy of this statute to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable.

(c) (1) The Commissioner by rule or order may prescribe:

(i) The form and content of financial statements required under this title;

(ii) The circumstances under which consolidated financial statements shall be filed; and

(iii) Whether any required financial statements shall be certified by independent certified public accountants.

(2) All financial statements shall be prepared in accordance with generally accepted accounting practices.

(d) All rules and forms of the Commissioner shall be published.

(e) A provision of this title imposing any liability does not apply to any act done or omitted in good faith in conformity with any rule, form, or order of the Commissioner, notwithstanding that the rule, form, or order may later be amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Md. Code, Courts and Judicial Proceedings § 11-110 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

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

(2) “Compensatory damages” means:

(i) In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care; and

(ii) In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.

(3) (i) “Pet” means a domesticated animal.

(ii) “Pet” does not include livestock.

(b) (1) A person who tortiously causes an injury to or death of a pet while acting individually or through an animal under the person’s ownership, direction, or control is liable to the owner of the pet for compensatory damages.

(2) The damages awarded under paragraph (1) of this subsection may not exceed $25,000.
Md. Code, Tax - General § 11-237 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-237
§11–237.
Status: in_force

§11–237. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 957 AND 958 OF 2024 //

The sales and use tax does not apply to the sale of materials, parts, or equipment used to repair, maintain, or upgrade aircraft or the avionics systems of aircraft if the materials, parts, or equipment are installed on an aircraft that:

(1) has a maximum gross takeoff weight of less than 12,500 pounds; or

(2) (i) has a maximum gross takeoff weight of 12,500 pounds or more; and

(ii) is primarily used in interstate or foreign commerce.
Md. Code, Criminal Procedure § 11-805 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-805
§11–805.
Status: in_force

(a) Subject to the authority of the Executive Director, the Board has the following powers and duties:

(1) to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other employees and agents as may be necessary;

(2) to adopt regulations to carry out the provisions and purposes of this subtitle, including procedures for the review and evaluation of claims and regulations for the approval of attorneys’ fees for representation before the Board or before the court on judicial review;

(3) to request from the State’s Attorney, the Department of State Police, county or municipal police departments, or a qualified third party any investigation and information that will help the Board to determine whether a crime or a delinquent act was committed or attempted;

(4) to hear and determine each claim for an award filed with the Board under this subtitle and to reinvestigate or reopen a case as the Board determines to be necessary;

(5) to direct medical examination of victims;

(6) to hold hearings, administer oaths, examine any person under oath, and issue subpoenas requiring the attendance and testimony of witnesses or requiring the production of documents or other evidence; and

(7) to take or cause to be taken affidavits or depositions within or outside the State.

(b) Except as otherwise provided by law, an employee of the Board is subject to the State Personnel and Pensions Article.

(c) The Board:

(1) may delegate to employees of the Board authority to hear claims and make initial determinations regarding each claim for an award filed with the Board under this subtitle, and any other powers necessary for the office within the Board to make initial determinations; and

(2) shall submit each year to the Governor, to the Executive Director, and, subject to § 2–1257 of the State Government Article, to the General Assembly a written report of the activities of the Board, including:

(i) the number of applications filed with the Board;

(ii) the number of applications approved;

(iii) the number of applications denied;

(iv) aggregated data regarding the basis for each denial;

(v) anonymized data indicating the race, gender, age, and county of residence of victims;

(vi) anonymized data indicating the crime involved in each application; and

(vii) the average time in between the Board receiving an application, the determination of eligibility, and the first disbursement to the victim.

(d) (1) A claim by a person other than the victim may not include narrative describing the victim or a photograph of the victim.

(2) The Board may not disclose the identity of or information that clearly identifies a victim of sexual assault, child abuse, stalking, or elder abuse.

(3) If the confidentiality of a record or report that the Board obtains is protected by law or regulation, the record or report shall remain confidential, subject to the law or regulation.
Md. Code, Tax - General § 11-230 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-230
§11–230.
Status: in_force

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

(2) “Geothermal equipment” means equipment that uses ground loop technology to heat and cool a structure.

(3) “Residential wind energy equipment” means equipment installed on residential property that uses wind energy to generate electricity to be used in a residential structure on the property.

(4) (i) “Solar energy equipment” means equipment that uses solar energy to heat or cool a structure, generate electricity to be used in a structure or supplied to the electric grid, or provide hot water for use in a structure.

(ii) “Solar energy equipment” does not include equipment that is part of a nonsolar energy system or that uses any type of recreational facility or equipment as a storage medium.

(b) The sales and use tax does not apply to a sale of geothermal equipment, residential wind energy equipment, or solar energy equipment.
Md. Code, State Personnel and Pensions § 11-303 — MD Code / Article gsp / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

(a) An appointing authority may terminate the employment of a probationary employee.

(b) Before terminating an employee who is on probation, the appointing authority shall give the employee a notice of termination at least 10 days before the effective date of the termination.

(c) An appointing authority may suspend a probationary employee with pay between the date of the notice and the effective date of the termination.

(d) A probationary employee may appeal a termination under this section only on the grounds that the termination is illegal or unconstitutional.
Md. Code, Real Property § 11A-128 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-128
§11A–128.
Status: in_force

(a) The association, or developer during the developer control period, shall keep books and records in accordance with generally accepted accounting principles.

(b) (1) On the request of the owners of at least 5 percent of the time-shares, the association, or developer during the developer control period, shall cause an audit of the books and records to be made by an independent certified public accountant at common expense.

(2) An audit may not be required more than once in any consecutive 12-month period.

(c) Every record of the association kept by the association, or by the developer during the developer control period, shall be available at some place designated by the association or developer within the county where the time-share is located for inspection and copying by any time-share owner, the owner’s mortgagee, or their duly authorized agents or attorneys, during normal business hours, and after reasonable notice.

(d) A meeting of the board of directors or governing body of the association may be held in closed session only for the following purposes:

(1) Discussion of matters pertaining to employees and personnel;

(2) Protection of the privacy or reputation of individuals in matters not related to the council of unit owners’ business;

(3) Consultation with legal counsel;

(4) Consultation with staff personnel, consultants, attorneys, or other persons in connection with pending or potential litigation;

(5) Investigative proceedings concerning possible or actual criminal misconduct;

(6) Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or

(7) On an individually recorded affirmative vote of two-thirds of the board members present, for some other exceptional reason so compelling as to override the general public policy in favor of open meetings.

(e) If a meeting is held in closed session under subsection (d) of this section:

(1) An action may not be taken and a matter may not be discussed if it is not permitted by subsection (d) of this section; and

(2) A statement of the time, place, and purpose of any closed meeting, the record of the vote of each board member by which any meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.
Md. Code, Insurance § 11-309 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-309
§11–309.
Status: in_force

(a) If, after a hearing, the Commissioner finds that the protection of the interests of the insureds of a particular insurer and the public in the State requires closer supervision of the insurer’s rates because of the insurer’s financial condition or repetitive filing of rates that are not in compliance with § 11-306 of this subtitle, the Commissioner may issue an order that requires the insurer to file any or all of the insurer’s rates and supplementary rate information 30 days before they become effective.

(b) By written notice to the insurer during the initial 30-day waiting period, the Commissioner may extend the waiting period for an additional period not exceeding 30 days.

(c) (1) The Commissioner shall approve or disapprove the filing during the waiting period or any extension of the waiting period.

(2) The filing is deemed approved unless disapproved by the Commissioner during the waiting period or any extension of the waiting period.

(d) An insurer affected by an action of the Commissioner under this section may not request a rehearing by the Commissioner until 12 months after the date of an order of the Commissioner under subsection (a) of this section.
Md. Code, Business Regulation § 11-909 — MD Code / Article gbr / Title 11 / Subtitle 9 / Section 11-909
§11–909.
Status: in_force

(a) There is a Maryland Standardbred Horsemen’s Assistance Fund, Inc., and a Maryland Horsemen’s Assistance Fund, Inc.

(b) The clerk of the course at each thoroughbred track and at each harness track shall:

(1) collect each overpayment on a tote machine and each fine and penalty that is not imposed on a licensee; and

(2) pay that money to the Commission within 10 days after the close of each race meeting.

(c) The Commission shall pay the money collected under subsection (b) of this section from each harness track to the Maryland Standardbred Horsemen’s Assistance Fund, Inc., and the money collected from each thoroughbred track to the Maryland Horsemen’s Assistance Fund, Inc., on or before December 31 of each year, if the Commission is satisfied that:

(1) the recipient fund is operated entirely for the charitable purposes consistent with the interests of racing; and

(2) money that the Commission sends to a recipient fund or net earnings of a recipient fund is not used for the benefit of a director, member, or officer of that fund, or for the benefit of any private individual who is not an object of the charitable purposes of that fund.
Md. Code, Business Occupations and Professions § 11-305 — MD Code / Article gbo / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

(a) The Board shall place the name of each applicant who meets the requirements of this subtitle on the list of qualified applicants.

(b) From the list of qualified applicants, the Board may choose and appoint the number of pilots-in-training that the Board considers necessary to protect the commercial interests of the State.
Md. Code, Business Regulation § 11-207 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-207
§11–207.
Status: in_force

(a) On the recommendation of the executive director, the Commission may employ additional employees or agents, including auditors, experts, guards, inspectors, a breathalyzer operator at each harness racing track, scientists, Commission secretaries, specimen collectors, veterinarians, and others whom the Commission considers to be essential at or in connection with a race meeting in the best interests of racing.

(b) The licensee who holds the race meeting for which an additional employee is used shall pay:

(1) the employer contribution for the employee under the Employees’ Pension System;

(2) the employer contribution, as determined by the Department of Budget and Management, for the retiree under § 2-508 of the State Personnel and Pensions Article; and

(3) an amount required under § 23-306.1(b) of the State Personnel and Pensions Article, if any.

(c) A licensee who holds a race meeting shall employ and pay the officials at the race meeting, other than stewards and harness judges, including each clerk of the course, clerk of the scales, handicapper, paddock judge, patrol judge, placing judge, racing secretary, starter, assistant starter, and timer.

(d) Notwithstanding any other provision of this title, if a licensee is required to allocate 0.25% of handle to either the Maryland Race Track Employees Pension Fund or the Maryland Harness Track Employees Pension Fund, the licensee shall first pay from the allocation any amounts required to be paid by the licensee under subsection (b) of this section and the remainder shall be paid to the appropriate pension fund.
Md. Code, Alcoholic Beverages and Cannabis § 11-1006 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1006
§11–1006.
Status: in_force

(a) There is a Class C (fraternal/sororal) organization license.

(b) The Board may issue the license for use by a local unit of a lodge, political organization, or chapter of a nonprofit and nationwide fraternal or service organization that:

(1) is composed only of inducted members;

(2) was operating in the county before the license application was made;

(3) has a membership of at least 100 individuals and dues of at least $5 per year per individual; and

(4) owns and operates a home or clubhouse that is principally for the use of its members and guests when accompanied by members.

(c) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor at retail for on–premises consumption, including during an event held on the licensed premises, to:

(i) a member of the local unit for which the license was issued; or

(ii) a member’s guest when accompanied by the member.

(2) If the license holder hosts an event for an outside group, the outside group shall obtain a Class C per diem beer, wine, and liquor license from the Board.

(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 § 11–2004 of this title.

(e) The annual license fee is $400.
Md. Code, Criminal Procedure § 11-623 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-623
§11–623.
Status: in_force

(a) On receipt of a submission under § 11-622 of Part II of this subtitle, the Attorney General shall mail notice of the receipt to each victim or victim’s representative at the last known address of the victim or victim’s representative.

(b) The Attorney General shall decide whether a contract is a notoriety of crimes contract:

(1) after 30 days but before 180 days following receipt of the submission under § 11-622 of Part II of this subtitle; or

(2) after 180 days, for cause.

(c) (1) For a decision under this section, there is a rebuttable presumption that the contract is a notoriety of crimes contract.

(2) The defendant or defendant’s assignee may rebut this presumption by establishing to the satisfaction of the Attorney General that the subject matter of the contract only tangentially or incidentally relates to the crime.

(d) The Attorney General:

(1) shall notify the defendant or defendant’s assignee and the victim or victim’s representative of the decision under this section; and

(2) may not disburse money collected under § 11-622 of Part II of this subtitle until 60 days after the defendant or defendant’s assignee and the victim or victim’s representative have been notified of the decision.

(e) (1) The decision of the Attorney General under this section is a final decision and may be appealed by a defendant or defendant’s assignee or a victim or victim’s representative only in accordance with § 11-630 of Part II of this subtitle and within 60 days after receiving notice of the decision.

(2) If the decision is appealed, the Attorney General shall keep any money collected in escrow until the Attorney General receives a final order of the court.
Md. Code, Tax - General § 11-712 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-712
§11–712.
Status: in_force

A person may not engage in the business of a retail vendor, engage in the business of an out–of–state vendor, or engage in the business of a marketplace facilitator without a license issued by the Comptroller under this subtitle.
Md. Code, Education § 11-408 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-408
§11–408.
Status: in_force

(a) Each institution of postsecondary education that operates in the State and that is required to make a net price calculator publicly available on its website under the federal Higher Education Opportunity Act of 2008, 20 U.S.C.A. § 1015a, shall ensure that the net price calculator is posted on its website in a conspicuous location.

(b) (1) For all first–time, full–time undergraduate students at an institution of postsecondary education that operates in the State, the institution shall provide to the student information on the cost of higher education at the institution by completing and mailing or providing electronically, at a minimum, the information contained on the form known as the Financial Aid Shopping Sheet, as promulgated by the U.S. Department of Education.

(2) The Financial Aid Shopping Sheet or the information contained on the Financial Aid Shopping Sheet shall be mailed or provided electronically to the student at the same time that an award of federal financial aid is mailed or provided electronically to the student.
Md. Code, Criminal Law § 11-201 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

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

(b) “Distribute” means to transfer possession.

(c) “Knowingly” means having knowledge of the character and content of the matter.

(d) “Matter” means:

(1) a book, magazine, newspaper, or other printed or written material;

(2) a picture, drawing, photograph, motion picture, or other pictorial representation;

(3) a statue or other figure;

(4) a recording, transcription, or mechanical, chemical, or electrical reproduction; or

(5) any other article, equipment, machine, or material.

(e) “Sadomasochistic abuse” has the meaning stated in § 11-101 of this title.

(f) “Sexual conduct” has the meaning stated in § 11-101 of this title.

(g) “Sexual excitement” has the meaning stated in § 11-101 of this title.
Md. Code, Correctional Services § 11-704 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-704
§11–704.
Status: in_force

(a) In this section, “Commissioner” means the Commissioner of Pretrial Detention and Services.

(b) This section applies only in Baltimore City.

(c) (1) The Commissioner may allow an incarcerated individual of the Baltimore City Detention Center to participate in one of the activities specified in paragraph (2) of this subsection during the period of custody if the participation:

(i) is approved by the judge ordering confinement or, if that judge is unable to act, by another judge of the committing court; and

(ii) is in accordance with available programs.

(2) Subject to paragraph (1) of this subsection, an incarcerated individual may:

(i) continue regular employment;

(ii) obtain new employment;

(iii) participate in a training, rehabilitation, or other special program; or

(iv) attend an educational institution.

(3) (i) An incarcerated individual who is authorized to participate in a program under this subsection shall be held in custody between program hours or periods.

(ii) The Commissioner or Commissioner’s designee may allow an incarcerated individual who is authorized to participate in a program under this subsection to be held in custody through home detention by the use of electronic monitoring devices.

(iii) Subject to the availability of funds, the Commissioner may contract for halfway houses or other suitable housing facilities or electronic monitoring devices for incarcerated individuals authorized to participate in a program under this subsection.

(d) (1) An incarcerated individual who is employed under a work release program shall surrender to the Commissioner or Commissioner’s designee the total earnings of the incarcerated individual under the program, less payroll deductions required by law.

(2) From the net earnings of the incarcerated individual, the Commissioner or Commissioner’s designee shall deduct in the following order of priority:

(i) an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to the State of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual;

(ii) the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual custody under the program;

(iii) the amount, if any, that the incarcerated individual is legally obligated to pay for the support of a dependent by court order directed to the Commissioner; and

(iv) the amount for court–ordered payments for restitution.

(3) The Commissioner or Commissioner’s designee shall pay any amount deducted as required by paragraph (2)(iii) of this subsection as the court order directs.

(4) The Commissioner or Commissioner’s designee shall:

(i) credit to the incarcerated individual’s account any remaining balance; and

(ii) pay the balance in the incarcerated individual’s account to the incarcerated individual on release.

(5) If any part of the incarcerated individual’s final earnings under a work release program are required to satisfy the deductions specified in paragraph (2) of this subsection, the balance of the final earnings shall be forwarded to the incarcerated individual within 15 days after the date of release from the Baltimore City Detention Center.

(e) (1) A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation in Baltimore City.

(2) An individual who participates in the work program shall receive a credit of at least the federal minimum wage per hour toward the fine or court costs.
Md. Code, Public Safety § 11-116 — MD Code / Article gps / Title 11 / Subtitle 1 / Section 11-116
§11–116.
Status: in_force

(a) (1) Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11–114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

(2) Paragraph (1) of this subsection does not apply to a person who neither intended to use nor used the explosives involved in violation of:

(i) Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6–602, § 7–402, or § 12–701 of this article;

(ii) Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4–123.1 of the Agriculture Article;

(iii) Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;

(iv) Title 14, Subtitle 29, § 11–810, or § 14–1317 of the Commercial Law Article;

(v) § 3–218, § 3–305(c)(2), § 3–409(a) or (c), § 3–803(b), § 3–807(i), § 3–808(d), § 3–811(c), § 8–801, § 8–802, § 9–602(e), § 11–702(d)(8), § 11–708(d)(7)(ii), § 11–711(h)(2), § 11–712(c)(6)(ii), § 11–715(g)(2), § 11–716(h)(2), § 11–723(b)(8), or § 11–726 of the Correctional Services Article;

(vi) the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614;

(vii) Title 5, Subtitle 10A of the Environment Article;

(viii) § 5–503 of the Family Law Article;

(ix) Title 20, Subtitle 7 or § 21–259.1 of the Health – General Article;

(x) § 8–713.1, § 8–724.1, § 8–725.6, § 8–725.7, § 8–726.1, § 8–738.2, § 8–740.1, or § 10–411(a) or (d), as it relates to Harford County, of the Natural Resources Article;

(xi) § 14–127 of the Real Property Article;

(xii) § 6–301 or § 33–2503 of the Alcoholic Beverages and Cannabis Article;

(xiii) § 109 of the Code of Public Local Laws of Caroline County;

(xiv) § 4–103 of the Code of Public Local Laws of Carroll County; or

(xv) § 8A–1 of the Code of Public Local Laws of Talbot County.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, a person who violates § 11–114(c) of this subtitle or who conspires to violate § 11–114(b) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

(2) Paragraph (1) of this subsection does not apply to a person who had probable cause to believe that the explosives involved would be used for a purpose other than the violation of:

(i) Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6–602, § 7–402, or § 12–701 of this article;

(ii) Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4–123.1 of the Agriculture Article;

(iii) Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;

(iv) Title 14, Subtitle 29, § 11–810, or § 14–1317 of the Commercial Law Article;

(v) § 3–218, § 3–305(c)(2), § 3–409(a) or (c), § 3–803(b), § 3–807(i), § 3–808(d), § 3–811(c), § 8–801, § 8–802, § 9–602(e), § 11–702(d)(8), § 11–703(d)(5)(iii), § 11–706(b)(8), § 11–708(d)(7)(ii), § 11–711(h)(2), § 11–712(c)(6)(ii), § 11–714(c)(6), § 11–715(g)(2), § 11–716(h)(2), § 11–723(b)(8), or § 11–726 of the Correctional Services Article;

(vi) the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614;

(vii) Title 5, Subtitle 10A of the Environment Article;

(viii) § 5–503 of the Family Law Article;

(ix) Title 20, Subtitle 7 or § 21–259.1 of the Health – General Article;

(x) § 8–713.1, § 8–724.1, § 8–725.6, § 8–725.7, § 8–726.1, § 8–738.2, § 8–740.1, or § 10–411(a) or (d), as it relates to Harford County, of the Natural Resources Article;

(xi) § 14–127 of the Real Property Article;

(xii) § 6–301 or § 33–2503 of the Alcoholic Beverages and Cannabis Article;

(xiii) § 109 of the Code of Public Local Laws of Caroline County;

(xiv) § 4–103 of the Code of Public Local Laws of Carroll County; or

(xv) § 8A–1 of the Code of Public Local Laws of Talbot County.
Md. Code, Corporations and Associations § 11-402 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

(a) (1) Except as provided in paragraph (3) of this subsection, a broker–dealer or issuer may not employ or associate with an agent unless the agent is registered.

(2) Except as provided in paragraph (3) of this subsection, when an agent terminates a connection with a broker–dealer or issuer or terminates those activities which make the individual an agent, the agent and the broker–dealer or issuer shall promptly notify the Commissioner.

(3) This subsection does not apply to a federal exempt broker–dealer.

(b) (1) An investment adviser required to be registered may not employ or associate with an investment adviser representative unless the representative is registered under this subtitle.

(2) An investment adviser representative who has a place of business located in this State may not transact business on behalf of a federal covered adviser, unless the investment adviser representative is registered or exempt from registration under this subtitle.

(3) The registration of a representative is not effective during any period when the representative is not employed by or associated with:

(i) A registered investment adviser; or

(ii) A federal covered adviser that has filed a notice under § 11-405(b) of this subtitle.

(4) When an investment adviser representative begins or terminates a connection with a registered investment adviser or terminates those activities that make the representative an investment adviser representative, the investment adviser shall promptly notify the Commissioner.

(5) When an investment adviser representative begins or terminates a connection with a federal covered adviser or terminates those activities that make the representative an investment adviser representative, the investment adviser representative shall promptly notify the Commissioner.

(c) (1) It is unlawful for a broker–dealer or issuer engaged in offering, offering to purchase, purchasing, or selling securities in this State or an investment adviser offering or providing investment advice in this State, directly or indirectly, to employ or associate with an individual who is participating in the securities transaction or investment advice in this State if:

(i) The registration of the individual is suspended or revoked; or

(ii) The individual is barred from employment or association with a broker–dealer, an issuer, an investment adviser, or a federal covered adviser by an order of the Commissioner under this title, the Securities and Exchange Commission, or a self–regulatory organization.

(2) A broker–dealer, an investment adviser, or an issuer may not be considered to have violated this subsection if the broker–dealer, investment adviser, or issuer did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar.

(3) On request from a broker–dealer, an investment adviser, or an issuer and for good cause, the Commissioner, by order under subsection (d) of this section, may modify or waive, in whole or in part, the prohibitions of this subsection.

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

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

(2) The exemption is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
Md. Code, Public Utilities § 11-201 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

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

(b) (1) “Hazardous liquid” means any:

(i) petroleum or petroleum product;

(ii) anhydrous ammonia;

(iii) carbon dioxide; and

(iv) any substance or material that:

1. is in a liquid state when transported by a pipeline facility; and

2. may pose an unreasonable risk to life or property when transported by a pipeline facility, as determined by the United States Secretary of Transportation.

(2) “Hazardous liquid” does not include liquefied natural gas.

(c) “Interstate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that is used in the transportation of hazardous liquids or carbon dioxide in interstate or foreign commerce.

(d) “Intrastate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that:

(1) is used in the transportation of hazardous liquids or carbon dioxide; and

(2) is not an interstate pipeline.

(e) “Pipeline facility” means new and existing pipe, rights–of–way, and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide.

(f) “Pipeline operator” means a person who owns or operates a pipeline facility.
Md. Code, Correctional Services § 11-801 — MD Code / Article gcs / Title 11 / Subtitle 8 / Section 11-801
§11–801.
Status: in_force

(a) In this section, “weekend incarcerated individual” means an incarcerated individual sentenced to a local correctional facility for nonconsecutive periods of 48 hours or less per week.

(b) The governing body of a county may impose on and collect from a weekend incarcerated individual a reasonable fee in an amount not to exceed the average cost of providing food, lodging, and clothing for an incarcerated individual for the time the incarcerated individual is confined in the local correctional facility.

(c) If the governing body of a county imposes a fee under this section, the governing body shall adopt standard procedures to implement this section, including a procedure for the waiver of a part or all of the fee based on the ability of an incarcerated individual to pay the fee.
Md. Code, Financial Institutions § 11-505 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) A license issued under this subtitle authorizes the licensee to act as a mortgage lender under the license at any licensed location and under any licensed name, or as otherwise authorized by the Commissioner through regulation.

(b) Except as provided in subsection (c) of this section or as otherwise authorized by the Commissioner through regulation, a licensee may do business as a mortgage lender only at a licensed location.

(c) (1) A licensee may not allow any note, or loan contract, mortgage, or evidence of indebtedness secured by a secondary mortgage or deed of trust on a dwelling or residential real estate to be signed or executed at any place other than a licensed location, except at the office of:

(i) The attorney for the borrower or for the licensee; or

(ii) A title insurance company, a title company, or an attorney for a title insurance company or a title company.

(2) Notwithstanding paragraph (1) of this subsection, a licensee may conduct the loan closing at another location at the written request of the borrower or the borrower’s designee to accommodate the borrower because of the borrower’s sickness.

(3) The Commissioner shall adopt regulations to ensure that the loan application process is conducted fairly and in a manner consistent with the best interests of both the borrower and mortgage lender.

(d) A license may be issued under this subtitle to a business entity whose principal executive office is located outside the State if the business entity maintains a resident agent within the State at all times during the term of the license, regardless of whether:

(1) The business entity maintains any office within the State; or

(2) The activities of the business entity constitute doing business or having a tax situs in the State under the applicable provisions of the Corporations and Associations Article.

(e) A person exempt from licensing under this subtitle who employs a mortgage loan originator licensed under Subtitle 6 of this title shall be registered with NMLS.

(f) Information in NMLS associated with a license approved by the Commissioner under this subtitle shall include the following:

(1) The licensee’s legal name and any trade name used by the licensee in accordance with § 2–121 of this article;

(2) The address of the licensee’s principal executive office; and

(3) The address of each additional location, if any, where the licensee does business and that:

(i) The general public may reasonably view as a location that does business as a mortgage lender, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

(ii) Houses any core operational infrastructure or technology systems;

(iii) Conducts any core management, information security and technology, risk and compliance, or finance functions; or

(iv) Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle.

(g) A licensee shall maintain and update the information in NMLS associated with the licensee’s license to reflect accurately at all times the information required by subsection (f) of this section.

(h) The unique identifier of the licensee shall constitute the license number for the license.

(i) A licensee may not conduct any business as a mortgage lender:

(1) Under any name other than a licensed name; or

(2) Except as provided in subsection (c) of this section or as otherwise authorized by the Commissioner through regulation, at a location other than a licensed location.
Md. Code, Real Property § 11A-113 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-113
§11A–113.
Status: in_force

(a) If a conversion building is more than 5 years old, and the developer owns or controls time-shares in more than 50 percent of all units in the building, the public offering statement shall contain, in addition to other required information, a statement of the physical condition and state of repair of the major structural, mechanical, electrical, and plumbing systems of the conversion building, to the extent reasonably ascertainable, and estimated costs of repair for which a present need is disclosed in such statement. The developer is entitled to rely on the reports of architects and engineers who examine the conversion building. This requirement applies only to units in which use as a dwelling or for recreational purposes, or both, is permissible.

(b) (1) The developer of a time-share project which includes all or any part of a conversion building, and any person in the business of selling real estate for his own account who intends to offer time-share in a conversion building, shall give each of the residential tenants and any residential subtenant in possession of each proposed time-share unit notice of the conversion no later than 120 days before such developer will require the tenants and any subtenant in possession to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and be hand delivered to the unit or mailed to the tenant and subtenant at the address of the unit or any other mailing address provided by the tenant or subtenant.

(2) No tenant or subtenant may be required by the developer to vacate upon less than 120 days’ notice, except by reason of nonpayment of rent, waste, normal expiration of the term of the lease, or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period without the consent of the tenant or subtenant. Failure to give notice as required by this subsection is a defense to an action for possession.
Md. Code, Real Property § 11A-104 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-104
§11A–104.
Status: in_force

(a) (1) Time–shares may be created in any unit in existence before January 1, 1985, unless prohibited by a project instrument. If time–shares are not prohibited by the project instrument, the owners of at least 34 percent of the units in the project may sign and record a document among the land records of the county where the project is located, stating an intent to limit time–shares in the project, and referring to this section. Thereafter, no person or other entity may become a developer with respect to more than 1 unit in the project, but this limitation will not apply to units of which the developer was owner of record prior to the recording of the aforementioned document.

(2) (i) In this paragraph, “recorded covenants and restrictions” has the meaning stated in § 11B–101 of this article.

(ii) The owners of property in a residential community governed by recorded covenants and restrictions may prohibit time–shares on any property subject to the recorded covenants and restrictions by amending the recorded covenants and restrictions by a vote of the owners in accordance with the majority requirements of the recorded covenants and restrictions.

(iii) The provisions of subparagraph (ii) of this paragraph do not apply to an existing time–share unit in a project.

(b) The limitations on time–shares created by the recording of a document as provided in subsection (a) of this section may be removed by the recordation among the land records of the county where the project is located of a document removing time–share limitations signed by owners of at least 80 percent of the units in the project.

(c) For the purposes of signing a document provided for in subsection (a) or subsection (b) of this section, any person designated by the owners of a majority of the time–shares in a unit may sign as the owner of that unit unless the relevant time–share instrument provides otherwise.

(d) All documents provided for in this section shall be under oath or affirmed under penalty of perjury.
Md. Code, Insurance § 11-323 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-323
§11–323.
Status: in_force

(a) On or before July 1 of each year, each insurer and the Maryland Automobile Insurance Fund shall file data about the geographic distribution of private passenger premium written by it in the State for the preceding calendar year.

(b) The data required under this section shall:

(1) be filed with the Commissioner in the form required by the Commissioner; and

(2) at a minimum, detail the amount of private passenger premium written by the insurer and the Maryland Automobile Insurance Fund in the preceding calendar year and the number of policies represented by that premium:

(i) in the State as a whole; and

(ii) in Baltimore City.

(c) The data shall be submitted by each rating territory or each zip code, or both.

(d) Failure by the insurer or the Maryland Automobile Insurance Fund to submit the data required under this section on a timely basis is grounds for the imposition of the penalties provided in §§ 4-113 and 4-114 of this article.
Md. Code, Corporations and Associations § 11-602 — MD Code / Article gca / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: reserved

The following transactions are exempted from §§ 11-205 and 11-501 of this title:

(1) Any isolated nonissuer transaction, whether effected through a broker-dealer or not;

(2) Any nonissuer distribution of an outstanding security if:

(i) A recognized securities manual contains the names of the officers and directors of the issuer, a balance sheet of the issuer as of a date within 18 months, and a profit and loss statement for either the fiscal year preceding that date or the most recent year of operations; or

(ii) The security has a fixed maturity or a fixed interest or dividend provision and there has been no default during the current fiscal year or within the three preceding fiscal years, or during the existence of the issuer and any predecessor if less than three years, in the payment of principal, interest, or dividends on the security;

(3) Any nonissuer transaction effected by or through a registered broker-dealer under an unsolicited order or offer to buy, but the Commissioner by rule may require that:

(i) The customer acknowledge on a specified form that the sale was unsolicited; and

(ii) A signed copy of each form be preserved by the broker-dealer for a specified period;

(4) Any transaction:

(i) Between the issuer or other person on whose behalf the offering is made and an underwriter; or

(ii) Among underwriters;

(5) Any transaction in a bond or other evidence of indebtedness secured by a real or chattel mortgage, deed of trust, or agreement for the sale of real estate or chattels, if the entire mortgage, deed of trust, or agreement, together with all the bonds or other evidences of indebtedness secured by it, is offered and sold as a unit;

(6) Any transaction by a personal representative, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator;

(7) Any transaction executed by a bona fide pledgee without any purpose of evading this title;

(8) Any offer or sale to an investment company as defined in the Investment Company Act of 1940, an investment adviser with assets under management of not less than $1,000,000, a broker-dealer, bank, trust company, savings and loan association, insurance company, employee benefit plan with assets of not less than $1,000,000, or governmental agency or instrumentality, whether acting for itself or as a trustee or a fiduciary with investment control, or other institutional investor as designated by rule or order of the Commissioner;

(9) To the extent the Commissioner by rule or order permits, any offer or sale in a transaction involving the sale by an issuer to not more than 35 persons, other than those designated in item (8) of this section, in this State during any period of 12 consecutive months, whether or not the seller or any purchaser is then present in this State, if the seller reasonably believes that all the purchasers in this State, other than those designated in item (8) of this section, are purchasing for investment, and if the securities have not been offered to the general public by advertisement or general solicitation but the Commissioner by rule or order, as to any security or transaction or any type of security or transaction, may withdraw or further condition this exemption, increase or decrease the number of purchasers permitted, or waive the condition relating to their investment intent;

(10) Any offer or sale of a preorganization certificate or subscription if:

(i) No commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber;

(ii) The number of subscribers does not exceed ten; and

(iii) No payment is made by any subscriber;

(11) Any transaction under an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than 90 days of their issuance, if:

(i) No commission or other remuneration, other than a stand-by commission, is paid or given directly or indirectly for soliciting any security holder in this State; or

(ii) The issuer first files a notice specifying the terms of the offer and the Commissioner does not by order disallow the exemption within the next five full business days;

(12) (i) Any offer, but not a sale, of a security for which a registration statement has been filed under both this title and the Securities Act of 1933 if a stop order or refusal order is not in effect and a public proceeding or examination looking toward such an order is not pending under either this title or the Securities Act of 1933;

(ii) Any offer, but not a sale, of a security for which a registration statement has been filed under this title if a stop order or refusal order is not in effect and a public proceeding or examination looking toward such an order is not pending, and if the offeror complies with § 11-502(c) or § 11-504(d) of this title;

(13) Any offer or sale of a security by or through a registered broker-dealer if:

(i) The offer or sale is not directly or indirectly for the benefit of the issuer or a person who is known or who reasonably should be known to the broker-dealer to be the record or beneficial owner of 10 percent or more of the outstanding voting securities of the issuer;

(ii) The security is not part of an unsold allotment or subscription taken by a participant in a distribution directly or indirectly for the benefit of the issuer or a person who is known or who reasonably should be known to the broker-dealer to be the record or beneficial owner of 10 percent or more of the outstanding voting securities of the issuer; and

(iii) An administrative stop order or similar order or permanent or temporary injunction of any court of competent jurisdiction is not in effect under this title or under any federal or State act against the offering or sale of the security or any security of the same class;

(14) Any sale of securities to an employee stock ownership plan trust, as defined in the Internal Revenue Code, any accrual of interests of participants in the plan, and any distribution made under the plan to participants or beneficiaries of the plan;

(15) To the extent permitted by rule or order of the Commissioner, any offer or sale within this State by an issuer now or hereafter exempted from Section 5 of the Securities Act of 1933 by virtue of a rule or regulation adopted by the United States Securities and Exchange Commission under Section 3(b) or Section 4(2) of that Act; if the issuer files with the Commissioner a notice of intent to claim exemption under this paragraph, at such time or times, in such form, and containing such information as the Commissioner determines;

(16) Any offer or sale of units of fractional undivided interests in a unit investment trust registered under the Investment Company Act of 1940 if:

(i) The units have been the subject of a previously effective registration statement under this title or were exempt from registration;

(ii) The units are offered or sold by a broker-dealer registered under this title; and

(iii) The broker-dealer is a sponsor or depositor of the unit investment trust or is an affiliate of the sponsor or depositor; and

(17) Any transaction as to which the Commissioner by rule or order finds that:

(i) Compliance with §§ 11-205 and 11-501 of this title is not necessary or appropriate for the protection of investors; and

(ii) The exemption is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
Md. Code, Public Safety § 11-103 — MD Code / Article gps / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

The State Fire Prevention Commission may adopt regulations to carry out this subtitle.
Md. Code, Business Occupations and Professions § 11-702 — MD Code / Article gbo / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

Unless authorized under this title to provide pilotage, a person may not represent to the public, by use of a title, including “pilot”, “bay pilot”, “licensed pilot”, “State licensed pilot”, or “Maryland pilot”, by description of services, methods, or procedures, or otherwise, that the person is authorized by the State to provide pilotage.
Md. Code, Transportation § 11-129.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-129.1
§11–129.
Status: in_force

§11–129.1.

“Limousine” means a vehicle that:

(1) Has been modified or stretched for transportation of passengers;

(2) Is driven as part of a service provided by a person that advertises itself as a provider of limousine services or registers with the Public Service Commission as a provider of limousine services; or

(3) Is equipped with amenities not normally provided in passenger cars, including a custom interior, television, video cassette recorder, musical sound system, telephone, ice storage area, additional interior lighting, and driver–passenger communication such as an intercom or power–operated driver partition.
Md. Code, Financial Institutions § 11-512.1 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-512.1
§11–512.
Status: in_force

§11–512.1.

(a) Each licensee shall conspicuously post, in 48 point or larger type, at each licensed location the following information:

(1) The licensee’s unique identifier; and

(2) A statement advising consumers of the availability of the NMLS Consumer Access website to verify the licensing status of the licensee.

(b) Each licensee shall conspicuously display the following information on the licensee’s website, any software application accessible to the public and used to engage in business as a mortgage lender, and profile page within each social media platform the licensee uses:

(1) The licensee’s unique identifier; and

(2) A link to the NMLS Consumer Access website.

(c) A licensee is not required to post the information required in subsection (a) of this section at a licensed location if the licensee does not regularly grant access to that licensed location to members of the general public.
Md. Code, Financial Institutions § 11-515 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-515
§11–515.
Status: in_force

(a) (1) The Commissioner shall examine the business of each licensee:

(i) In accordance with a schedule established by the Commissioner; and

(ii) At any other time that the Commissioner reasonably considers necessary.

(2) The schedule established by the Commissioner under paragraph (1)(i) of this subsection shall:

(i) Take into account:

1. The length of time the licensee has been engaged in business as a mortgage lender;

2. Any prior violations by the licensee of the mortgage lending law or regulations;

3. The nature and number of any complaints made against the licensee; and

4. The result of findings from any prior examination of the licensee; and

(ii) Provide that:

1. New licensees shall be examined within 18 months after the date the license is issued; and

2. Each licensee shall be examined at least once during any 60–month period.

(b) (1) Any person aggrieved by the conduct of a licensee under this subtitle in connection with a mortgage loan may file a written complaint with the Commissioner who shall investigate the complaint.

(2) The Commissioner may make any other investigation of any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle, of any regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State.

(c) A licensee shall pay to the Commissioner a per–day fee set by the Commissioner for each of the Commissioner’s employees engaged in:

(1) An examination required under subsection (a)(1) of this section; and

(2) Any other examination or investigation conducted under this section that the Commissioner reasonably considers necessary.

(d) In connection with an examination or investigation made under this section, the Commissioner may:

(1) Examine the books and records of any licensee or of any other person who the Commissioner believes has violated any provision of this subtitle, or any rule or regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State;

(2) Subpoena documents or other evidence; and

(3) Summon and examine under oath any person whose testimony the Commissioner requires.

(e) (1) If any person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.

(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
Md. Code, Land Use § 11-201 — MD Code / Article glu / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

In this subtitle, “zoning official” means a county employee with the duty of enforcing the zoning law.
Md. Code, Agriculture § 11-204.1 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-204.1
§11–204.
Status: in_force

§11–204.1.

(a) The Secretary may establish a program to test any weight and measure to determine if it conforms to the requirements of the National Conference on Weights and Measures.

(b) The Secretary may:

(1) Issue a certificate of approval to any person for a weight and measure that meets the requirements of this section;

(2) Deny or revoke a certificate of approval if the Secretary determines that:

(i) A person has provided false or misleading information to the Secretary about any weight and measure; or

(ii) The weight and measure does not conform to the requirements of this section; and

(3) Charge the appropriate fee established under subsection (e) of this section in order to cover the cost of inspecting or testing any weight and measure as provided by this section.

(c) There is a Weight and Measure Testing Fund within the Maryland Department of Agriculture. The Fund is a special fund established for the purpose of paying the expenses incurred in testing and approving any weight and measure as provided under this section. Unspent portions of the Fund shall revert to the General Fund of the State.

(d) Unless issued a certificate of approval from the Secretary, a person may not represent any weight and measure as approved under this section.

(e) (1) The Secretary shall establish by regulation fees for services performed under this section to provide type evaluation and other testing, and for the use of laboratory equipment, special prototype test equipment, and vehicles.

(2) In establishing fees under this section, the Secretary shall only charge a fee to cover the cost of providing the technical service or evaluation by those industries requesting the service.
Md. Code, Health Occupations § 11-501 — MD Code / Article gho / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice optometry in this State unless licensed by the Board.
Md. Code, Agriculture § 11-314 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-314
§11–314.
Status: in_force

Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure. The labeling requirements of § 11–306 of this subtitle do not apply to these open containers.
Md. Code, Criminal Procedure § 11-924 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-924
§11–924.
Status: in_force

(a) The nearest facility to which a victim of sexual assault may be taken shall be designated by the Maryland Department of Health in cooperation with:

(1) the Medical and Chirurgical Faculty of the State of Maryland; and

(2) the State’s Attorney in the subdivision where the sexual assault occurred.

(b) (1) A police officer, sheriff, or deputy sheriff who receives a report of an alleged sexual assault shall offer the alleged victim the opportunity to be taken immediately to the nearest facility.

(2) The offer shall be made without regard for the place of the alleged sexual assault or where it is reported.
Md. Code, Criminal Procedure § 11-915 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-915
§11–915.
Status: in_force

(a) The Executive Director shall appoint a Victim Services Coordinator.

(b) Subject to the authority of the Executive Director, the Victim Services Coordinator shall:

(1) provide staff support to the Board on victim services matters;

(2) monitor, assess, and make recommendations on State and local victim compensation programs and procedures;

(3) provide technical assistance to local public and private programs that provide victim assistance;

(4) research and gather data on victims and victim assistance programs, and disseminate the data to the public;

(5) submit to the Governor, the Attorney General, the Secretary of Public Safety and Correctional Services, and the Board an annual report that includes recommendations on how to improve victim assistance programs;

(6) ensure that the rights of victims are observed;

(7) help victims to get the information to which they have a right; and

(8) monitor compliance with the guidelines for treatment of and assistance to victims and witnesses under §§ 11-1002 and 11-1003 of this title.

(c) The Victim Services Coordinator is entitled to compensation as provided in the State budget.
Md. Code, Alcoholic Beverages and Cannabis § 11-1312 — MD Code / Article gab / Title 11 / Subtitle 13 / Section 11-1312
§11–1312.
Status: in_force

(a) Section 3–102 of the General Provisions Article and provisions regarding applications for licenses under Subtitle 14 of this title and issuance of licenses under Subtitle 15 of this title do not apply to an applicant for:

(1) a Class C per diem beer license;

(2) a Class C per diem beer and wine license; and

(3) a Class C per diem beer, wine, and liquor license.

(b) A Class C per diem beer, wine, and liquor license holder may purchase beer from a wholesaler.
Md. Code, Alcoholic Beverages and Cannabis § 11-2701 — MD Code / Article gab / Title 11 / Subtitle 27 / Section 11-2701
§11–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:

(1) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(2) § 6–306 (“Defense to prosecution for sale to underage individual”);

(3) § 6–310 (“Providing free food”);

(4) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(5) § 6–312 (“Beverage misrepresentation”);

(6) § 6–313 (“Tampering with alcoholic beverage container”);

(7) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(8) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(9) § 6–316 (“Maximum alcohol content”);

(10) § 6–317 (“Multiple serving purchase required”);

(11) § 6–320 (“Disorderly intoxication”);

(12) § 6–321 (“Consumption of alcoholic beverages in public”);

(13) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(14) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(15) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(16) § 6–328 (“Tax evasion”);

(17) § 6–329 (“Destruction of evidence”); and

(18) § 6–330 (“Perjury”).

(b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article do not apply in the county:

(1) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”);

(2) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(3) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”); and

(4) § 6–322 (“Possession of open container”).

(c) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 11–2702 of this subtitle; and

(2) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”), subject to § 11–2703 of this subtitle.
Md. Code, Labor and Employment § 11-304 — MD Code / Article gle / Title 11 / Subtitle 3 / Section 11-304
§11–304.
Status: in_force

(a) The State’s quick response program is under the direction of the Secretary.

(b) (1) The Secretary in cooperation with the Workforce Development Board shall develop mandatory guidelines for employers faced with a reduction in operations.

(2) The guidelines developed under paragraph (1) of this subsection shall include:

(i) subject to § 11–305 of this subtitle, a written notice that an employer expects to terminate employees due to a reduction in operations;

(ii) the continuation of benefits, such as health, severance, and pension, that an employer should provide to employees who will be terminated due to a reduction in operations; or

(iii) the specific mechanisms that employers can use to ask for the assistance of the State’s quick response program.

(c) The Department shall maintain the capacity to provide employment and training services through the quick response program. This capacity shall include, but not be limited to:

(1) on–site unemployment insurance bulk claims registration: for incidents where 25 or more workers are laid off at 1 time, taking initial unemployment insurance claims at the employee’s place of business;

(2) registration for federal Trade Readjustment Act services: if the business closing is due to foreign competition, assisting workers in seeking federal training benefits and additional unemployment insurance compensation benefits;

(3) provision of labor market and retraining information: in conjunction with local service providers, providing both local labor market information and retraining information that can assist the workers to obtain reemployment and/or retraining;

(4) job placement services: through the regular office services or through special on–site services, providing a range of job placement services utilizing the “job bank”;

(5) job seeking and finding information: providing 1–day workshops to assist job seekers in learning how to seek and secure jobs; or

(6) referral to retraining opportunities: through liaisons with the private industry councils/service delivery areas and the community college network, providing referrals for dislocated workers for retraining opportunities.

(d) The Department shall distribute the reduction in operations guidelines to all employers in the State every 2 years. The distribution shall begin no later than July 1, 1986.

(e) The Department shall monitor layoff and employment patterns and payments of unemployment compensation contributions to identify employers that are likely to experience large losses in employment or a reduction in operations.

(f) If the Department identifies an employer that is likely to experience large losses in employment or a reduction in operations, the Department shall confidentially contact the employer and offer the assistance of the Department in providing alternative employment and retraining opportunities, including coordinating the delivery of available State and federal resources and services.

(g) The Secretary shall adopt regulations to implement the provisions of this subtitle.
Md. Code, Real Property § 11-110 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

(a) All common profits shall be disbursed to the unit owners, be credited to their assessments for common expenses in proportion to their percentage interests in common profits and common expenses, or be used for any other purpose as the council of unit owners decides.

(b) (1) (i) Funds for the payment of current common expenses and for the creation of reserves for the payment of future common expenses shall be obtained by assessments against the unit owners in proportion to their percentage interests in common expenses and common profits.

(ii) The board of directors of a residential condominium has the authority to increase the assessment levied to cover the reserve funding amount required under § 11–109.4 of this title, notwithstanding any provision of the declaration, articles of incorporation, or bylaws restricting assessment increases or capping the assessment that may be levied in a fiscal year.

(2) (i) Where provided in the declaration or the bylaws, charges for utility services may be assessed and collected on the basis of usage rather than on the basis of percentage interests.

(ii) If provided by the declaration, assessments for expenses related to maintenance of the limited common elements may be charged to the unit owner or owners who are given the exclusive right to use the limited common elements.

(iii) Assessments for charges under this paragraph may be enforced in the same manner as assessments for common expenses.

(c) A unit owner shall be liable for all assessments, or installments thereof, coming due while he is the owner of a unit. In a voluntary grant the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses up to the time of the voluntary grant for which a statement of lien is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.

(d) (1) Payment of assessments, together with interest, late charges, if any, costs of collection and reasonable attorney’s fees may be enforced by the imposition of a lien on a unit in accordance with the provisions of the Maryland Contract Lien Act.

(2) Suit for any deficiency following foreclosure may be maintained in the same proceeding, and suit to recover any money judgment for unpaid assessments may also be maintained in the same proceeding, without waiving the right to seek to impose a lien under the Maryland Contract Lien Act.

(e) (1) Any assessment, or installment thereof, not paid when due shall bear interest, at the option of the council of unit owners, from the date when due until paid at the rate provided in the bylaws, not exceeding 18 percent per annum, and if no rate is provided, then at 18 percent per annum.

(2) The bylaws also may provide for a late charge of $15 or one tenth of the total amount of any delinquent assessment or installment, whichever is greater, provided the charge may not be imposed more than once for the same delinquent payment and may only be imposed if the delinquency has continued for at least 15 calendar days.

(3) If the declaration or bylaws provide for an annual assessment payable in regular installments, the declaration or bylaws may further provide that if a unit owner fails to pay an installment when due, the council of unit owners may demand payment of the remaining annual assessment coming due within that fiscal year. A demand by the council is not enforceable unless the council, within 15 days of a unit owner’s failure to pay an installment, notifies the unit owner that if the unit owner fails to pay the monthly installment within 15 days of the notice, full payment of the remaining annual assessment will then be due and shall constitute a lien on the unit as provided in this section.

(f) (1) This subsection does not limit or affect the priority of any lien, secured interest, or other encumbrance with priority that is held by or for the benefit of, purchased by, assigned to, or securing any indebtedness to:

(i) The State or any county or municipal corporation in the State;

(ii) Any unit of State government or the government of any county or municipal corporation in the State; or

(iii) An instrumentality of the State or any county or municipal corporation in the State.

(2) In the case of a foreclosure of a mortgage or deed of trust on a unit in a condominium, a portion of the condominium’s liens on the unit, as prescribed in paragraph (3) of this subsection, shall have priority over a claim of the holder of a first mortgage or a first deed of trust that is recorded against the unit on or after October 1, 2011.

(3) The portion of the condominium’s liens that has priority under paragraph (2) of this subsection:

(i) Shall consist solely of not more than 4 months, or the equivalent of 4 months, of unpaid regular assessments for common expenses that are levied by the condominium in accordance with the requirements of the declaration or bylaws of the condominium;

(ii) May not include:

1. Interest;

2. Costs of collection;

3. Late charges;

4. Fines;

5. Attorney’s fees;

6. Special assessments; or

7. Any other costs or sums due under the declaration or bylaws of the condominium or as provided under any contract, law, or court order; and

(iii) May not exceed a maximum of $1,200.

(4) (i) Subject to subparagraph (ii) of this paragraph, at the request of the holder of a first mortgage or first deed of trust on a unit in a condominium, the governing body shall provide to the holder written information about the portion of any lien filed under the Maryland Contract Lien Act that has priority as prescribed under paragraph (3) of this subsection, including information that is sufficient to allow the holder to determine the basis for the portion of the lien that has priority.

(ii) At the time of making a request under subparagraph (i) of this paragraph, the holder shall provide the governing body of the condominium with the written contact information of the holder.

(iii) If the governing body of the condominium fails to provide written information to the holder under subparagraph (i) of this paragraph within 30 days after the filing of the statement of lien among the land records of each county in which the condominium is located, the portion of the condominium’s liens does not have priority as prescribed under paragraph (2) of this subsection.
Md. Code, Real Property § 11-104 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

(a) The administration of every condominium shall be governed by bylaws which shall be recorded with the declaration. If the council of unit owners is incorporated, these bylaws shall be the bylaws of that corporation.

(b) The bylaws shall express at least the following particulars:

(1) The form of administration, indicating whether the council of unit owners shall be incorporated or unincorporated, and whether, and to what extent, the duties of the council of unit owners may be delegated to a board of directors, manager, or otherwise, and specifying the powers, manner of selection, and removal of them;

(2) The mailing address of the council of unit owners;

(3) The method of calling the unit owners to assemble; the attendance necessary to constitute a quorum at any meeting of the council of unit owners; the manner of notifying the unit owners of any proposed meeting; who presides at the meetings of the council of unit owners, who keeps the minute book for recording the resolutions of the council of unit owners, and who counts votes at meetings of the council of unit owners; and

(4) The manner of assessing against and collecting from unit owners their respective shares of the common expenses.

(c) The bylaws also may contain any other provision regarding the management and operation of the condominium including any restriction on or requirement respecting the use and maintenance of the units and the common elements.

(d) The bylaws may contain a provision prohibiting any unit owner from voting at a meeting of the council of unit owners if the council of unit owners has recorded a statement of condominium lien on his unit and the amount necessary to release the lien has not been paid at the time of the meeting.

(e) (1) A corrective amendment to the bylaws may be made in accordance with § 11–103.1 of this title, or as provided in paragraph (2) of this subsection.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the bylaws may be amended by the affirmative vote of unit owners as provided under paragraph (6) of this subsection.

(ii) The bylaws may be amended by the affirmative vote of unit owners having at least 51% of the votes in the council of unit owners for the purpose of requiring all unit owners to maintain condominium unit owner insurance policies on their units.

(3) (i) Except as provided in paragraph (4) of this subsection, if the declaration or bylaws contain a provision requiring any action on the part of the holder of a mortgage or deed of trust on a unit in order to amend the bylaws, that provision shall be deemed satisfied if the procedures under this paragraph are satisfied.

(ii) If the declaration or bylaws contain a provision described in subparagraph (i) of this paragraph, the council of unit owners shall cause to be delivered to each holder of a mortgage or deed of trust entitled to notice, a copy of the proposed amendment to the bylaws.

(iii) If a holder of the mortgage or deed of trust that receives the proposed amendment fails to object, in writing, to the proposed amendment within 60 days from the date of actual receipt of the proposed amendment, the holder shall be deemed to have consented to the adoption of the amendment.

(4) Paragraph (3) of this subsection does not apply to amendments that:

(i) Alter the priority of the lien of the mortgage or deed of trust;

(ii) Materially impair or affect the unit as collateral; or

(iii) Materially impair or affect the right of the holder of the mortgage or deed of trust to exercise any rights under the mortgage, deed of trust, or applicable law.

(5) Each particular set forth in subsection (b) of this section shall be expressed in the bylaws as amended. An amendment under paragraph (2) of this subsection shall be entitled to be recorded if accompanied by a certificate of the person specified in the bylaws to count votes at the meeting of the council of unit owners that the amendment was approved by unit owners having the required percentage of the votes and shall be effective on recordation. This certificate shall be conclusive evidence of approval.

(6) (i) In this paragraph, “in good standing” means not being more than 90 days in arrears in the payment of any assessment or charge due to the condominium.

(ii) Notwithstanding the provisions of the bylaws, the council of unit owners may amend the bylaws by the affirmative vote of unit owners in good standing having at least 60% of the votes in the council, or by a lower percentage if required in the bylaws.
Md. Code, Education § 11-1106 — MD Code / Article ged / Title 11 / Subtitle 11 / Section 11-1106
§11–1106.
Status: in_force

(a) The Commission shall prepare a report on the Program that includes:

(1) A summary of the reports received from the participating nonprofit organizations regarding the Program;

(2) The amount of funds distributed each fiscal year;

(3) Information regarding the effectiveness of the Program, including whether students matriculate and remain continuously enrolled in higher education as a result of the Program; and

(4) If an eligible wait list exists, the number of nonprofit organizations on the wait list.

(b) On or before December 1 each year, the Commission shall submit a copy of the report required under subsection (a) of this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.