Md. Code, Housing and Community Development § 4-1001 — MD Code / Article ghs / Title 4 / Subtitle 10 / Section 4-1001
§4–1001.
Status: in_force

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

(b) “Fund” means the Neighborhood Housing Services Fund.

(c) “Neighborhood corporation” means a neighborhood housing services corporation established in connection with the Neighborhood Reinvestment Corporation.

(d) (1) “Operating budget” means the money necessary to operate a neighborhood corporation, including money to pay:

(i) administrative, technical, legal, or other expenses; and

(ii) expenses incurred by an umbrella corporation in operating programs.

(2) “Operating budget” does not include money allocated to revolving or other loan funds.

(e) “Program” means a program that a neighborhood corporation establishes and supervises to achieve its goals and to provide services within a specific neighborhood.

(f) “Umbrella corporation” means a neighborhood corporation that establishes and supervises at least two programs.
Md. Code, Natural Resources § 4-11A-21 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-21
§4–11A–21.
Status: in_force

(a) A person may apply in writing to the Department for a permit to breed, propagate, and sell any species of game and freshwater fish protected by law, in ponds or lakes which he owns or leases. The Department, upon receipt of a permit fee of $5 may issue to the applicant a breeder’s license permitting him to hatch, rear, transport, sell, barter or exchange any fish. A fish breeder’s permit expires on December 31 following the date of issuance.

(b) The Department shall promulgate regulations governing the release, possession, sale, shipment, and identification of every game and freshwater fish bred under a fish breeder’s permit. The Department may require any report necessary concerning the operation of a fish breeder’s permit. Any permit issued under the provisions of this section may be revoked for a violation of any provision of this section or any regulation made pursuant to it.
Md. Code, Business Occupations and Professions § 4-101 — MD Code / Article gbo / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

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

(b) “Apprentice barber” means an individual who, under the supervision of a master barber, is learning to practice barbering or to provide barber–stylist services in a barbershop that holds a barbershop permit.

(c) “Barber” means an individual who practices barbering.

(d) “Barber–stylist” means an individual who provides barber–stylist services.

(e) (1) “Barbershop” means any commercial establishment, except a beauty salon, in which an individual practices barbering or provides barber–stylist services.

(2) “Barbershop” includes a mobile barbershop.

(3) “Barbershop” does not include a clinic in a barber school.

(f) “Barbershop permit” means a permit issued by the Board to operate a barbershop.

(g) “Board” means the State Board of Barbers.

(h) (1) “License” means, unless the context requires otherwise, a license issued by the Board to practice barbering or to provide barber–stylist services.

(2) “License” includes, unless the context requires otherwise, each of the following licenses:

(i) a master barber license;

(ii) a barber license; and

(iii) a barber–stylist limited license.

(i) (1) “Limited license” means a license issued by the Board to practice barbering as limited in § 4–301 of this title.

(2) “Limited license” includes, unless the context requires otherwise, a limited license to provide barber–stylist services.

(j) “Master barber” means a barber who:

(1) has at least 15 months experience as a licensed barber; and

(2) has passed a test approved by the Board.

(k) “Mobile barbershop” means a barbershop that is located in a motor vehicle or a trailer that is designed, constructed, and equipped as a place for an individual to practice barbering and for use as a conveyance on highways.

(l) (1) “Practice barbering” means to provide to an individual for compensation the service of:

(i) cutting, razor cutting, styling, relaxing, body waving, shampooing, or coloring the hair;

(ii) shaving or trimming the beard;

(iii) massaging the face;

(iv) designing, fitting, or cutting a hairpiece; or

(v) performing any other similar procedure on the hair, beard, face, or hairpiece of the individual.

(2) “Practice barbering” does not include:

(i) the mere sale of wigs or hairpieces; or

(ii) the services performed by an employee under the supervision of a master barber in a barbershop that holds a barbershop permit that are restricted to:

1. shampooing;

2. removal of a hair solution;

3. sterilization of equipment; or

4. similar activities.

(m) “Provide barber–stylist services” means to provide to an individual for compensation the service of:

(1) cutting, razor cutting, or styling the hair;

(2) shaving or trimming the beard;

(3) massaging the face; or

(4) performing any other similar procedure on the hair, beard, or face of the individual.
Md. Code, Family Law § 4-402 — MD Code / Article gfl / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) (1) To implement the policies set forth in this subtitle, the Secretary shall establish in each local department a program of services to families with children.

(2) The program shall be available to:

(i) those families who are receiving temporary cash assistance or Supplemental Security Income; and

(ii) those families whose gross income is 80% or less of this State’s median income adjusted for family size in accordance with regulations adopted by the Social Services Administration.

(b) For purposes of this subtitle, services to families with children are:

(1) functional services to help a family resolve a situational crisis brought on by catastrophe, deprivation of income, lack of shelter, physical illness, mental illness, death, desertion, or abandonment;

(2) family counseling:

(i) to resolve marital conflict, familial conflict, and parent-child relationship problems; and

(ii) to teach child care and development and parenting skills;

(3) information and referral services to teach families how to locate and use community services, including health care services; and

(4) home management services to teach the management of household duties and responsibilities, including budgeting skills.
Md. Code, Education § 4-127 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-127
§4–127.
Status: in_force

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

(2) “Recyclable materials” means those materials that:

(i) Would otherwise become solid waste for disposal in a refuse disposal system; and

(ii) May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(3) “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

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

(c) The Prince George’s County Board of Education shall develop and implement a recycling program for all facilities under the jurisdiction of the county board.

(d) In developing the recycling program under subsection (c) of this section, the county board shall address:

(1) The recyclable materials to be separated;

(2) The strategy for the collection, processing, marketing, and disposition of recyclable materials;

(3) The strategy for the collection, processing, and disposition of the polystyrene trays used in public school cafeterias; and

(4) Methods for promoting and determining compliance with the recycling program.
Md. Code, General Provisions § 4-501 — MD Code / Article ggp / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: reserved

(a) In this section, “personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:

(1) an address;

(2) a description;

(3) a fingerprint or voice print;

(4) a number; or

(5) a picture.

(b) (1) Personal records may not be created unless the need for the information has been clearly established by the unit collecting the records.

(2) Personal information collected for personal records:

(i) shall be appropriate and relevant to the purposes for which it is collected;

(ii) shall be accurate and current to the greatest extent practicable; and

(iii) may not be obtained by fraudulent means.

(c) (1) This subsection applies only to units of the State.

(2) Except as otherwise provided by law, an official custodian who keeps personal records shall collect, to the greatest extent practicable, personal information from the person in interest.

(3) An official custodian who requests personal information for personal records shall provide the following information to each person in interest from whom personal information is collected:

(i) the purpose for which the personal information is collected;

(ii) any specific consequences to the person for refusal to provide the personal information;

(iii) the person’s right to inspect, amend, or correct personal records, if any;

(iv) whether the personal information is generally available for public inspection; and

(v) whether the personal information is made available or transferred to or shared with any entity other than the official custodian.

(4) Each unit of the State shall post its privacy policies on the collection of personal information, including the policies specified in this subsection, on its Internet website.

(5) The following personal records are exempt from the requirements of this subsection:

(i) information concerning the enforcement of criminal laws or the administration of the penal system;

(ii) information contained in investigative materials kept for the purpose of investigating a specific violation of State law and maintained by a State agency whose principal function may be other than law enforcement;

(iii) information contained in public records that are accepted by the State Archivist for deposit in the Maryland Hall of Records;

(iv) information gathered as part of formal research projects previously reviewed and approved by federally mandated institutional review boards; and

(v) any other personal records exempted by regulations adopted by the Secretary of Budget and Management, based on the recommendation of the Secretary of Information Technology.

(d) (1) This subsection does not apply to:

(i) a unit in the Legislative Branch of the State government;

(ii) a unit in the Judicial Branch of the State government; or

(iii) a board of license commissioners.

(2) If a unit or an instrumentality of the State keeps personal records, the unit or instrumentality shall submit an annual report to the Secretary of General Services.

(3) An annual report shall state:

(i) the name of the unit or instrumentality;

(ii) for each set of personal records:

1. the name of the set;

2. the location of the set; and

3. if a subunit keeps the set, the name of the subunit;

(iii) for each set of personal records that has not been previously reported:

1. the category of individuals to whom the set applies;

2. a brief description of the types of information that the set contains;

3. the major uses and purposes of the information;

4. by category, the source of information for the set; and

5. the policies and procedures of the unit or instrumentality as to:

A. access and challenges to the personal record by the person in interest; and

B. storage, retrieval, retention, disposal, and security, including controls on access; and

(iv) for each set of personal records that has been disposed of or changed significantly since the unit or instrumentality last submitted a report, the information required under item (iii) of this paragraph.

(4) A unit or an instrumentality that has two or more sets of personal records may combine the personal records in the report only if the character of the personal records is highly similar.

(5) The Secretary of General Services shall adopt regulations that govern the form and method of reporting under this subsection.

(6) The annual report shall be available for public inspection.

(e) The official custodian may allow inspection of personal records for which inspection otherwise is not authorized by a person who is engaged in a research project if:

(1) the researcher submits to the official custodian a written request that:

(i) describes the purpose of the research project;

(ii) describes the intent, if any, to publish the findings;

(iii) describes the nature of the requested personal records;

(iv) describes the safeguards that the researcher would take to protect the identity of the persons in interest; and

(v) states that persons in interest will not be contacted unless the official custodian approves and monitors the contact;

(2) the official custodian is satisfied that the proposed safeguards will prevent the disclosure of the identity of persons in interest; and

(3) the researcher makes an agreement with the unit or instrumentality that:

(i) defines the scope of the research project;

(ii) sets out the safeguards for protecting the identity of the persons in interest; and

(iii) states that a breach of any condition of the agreement is a breach of contract.
Md. Code, Corporations and Associations § 4A-802 — MD Code / Article gca / Title 4A / Subtitle 8 / Section 4A-802
§4A–802.
Status: in_force

The plaintiff in a derivative action shall:

(1) Be a member at the time the action is brought; and

(2) (i) Have been a member at the time of the transaction of which the plaintiff complains; or

(ii) Had membership status devolve upon the plaintiff by operation of law from a person who was a member at the time of the transaction.
Md. Code, Business Regulation § 4-408 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-408
§4–408.
Status: in_force

The Secretary shall pay all moneys collected under this subtitle into the General Fund of the State.
Md. Code, Financial Institutions § 4-301 — MD Code / Article gfi / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) If a savings bank has a guaranty fund that is less than 5 percent of its total deposits, the savings bank:

(1) May not make any payment on the principal of the transferable deferred payment certificates that evidence payments to the initial guaranty fund; and

(2) May not pay interest on the certificates unless the Commissioner approves the payment and the rate of interest.

(b) If a savings bank has a guaranty fund that is less than 5 percent of its total deposits, the savings bank shall add to its initial guaranty fund, at the end of each fiscal year, at least 10 percent of its net earnings, calculated before interest on the transferable deferred payment certificates.
Md. Code, Insurance § 4-210 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

(a) In this section, “insured” includes an industrial insured who procures insurance of a risk through a full–time employee acting as a risk manager.

(b) (1) Each insured that procures or causes to be procured insurance with an unauthorized insurer, or an insured or self–insured that procures or continues excess loss, catastrophe, or other insurance with an unauthorized insurer, on a subject of insurance resident, located, or to be performed in the State other than surplus lines insurance, shall file with the Commissioner a report under this section.

(2) Insurance with an unauthorized insurer on a subject of insurance resident, located, or to be performed in the State that is procured through negotiations or an application wholly or partly occurring or made in or from within or outside of the State, or for which the premiums wholly or partly are remitted directly or indirectly from in or outside of the State, is deemed to be insurance procured in the State.

(c) For policies effective before July 21, 2011, a report under this section shall be filed within 60 days after the date that the insurance was procured.

(d) For policies effective on or after July 21, 2011, on or before March 15 and September 15 of each year, or at another interval that the Commissioner directs, each insured shall:

(1) file with the Commissioner a report, on a form the Commissioner prescribes, on business subject to tax during the preceding half calendar year or other interval that the Commissioner directs; and

(2) pay to the Commissioner the total amount of tax stated in the report.

(e) By regulation, the Commissioner shall determine the required content and filing deadlines of the reports.
Md. Code, Housing and Community Development § 4-707 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-707
§4–707.
Status: in_force

(a) An individual or family, including an elderly household, qualifies as a family of limited income if the income of the individual or family does not exceed the limits that the Secretary sets.

(b) The factors that the Secretary shall consider in setting limits under subsection (a) of this section shall include:

(1) the family income deemed available for housing;

(2) the size of the family;

(3) the ability of the family to compete successfully in the private housing market;

(4) the cost and condition of available housing; and

(5) relevant standards and definitions under federal and State housing programs.
Md. Code, Financial Institutions § 4-901 — MD Code / Article gfi / Title 4 / Subtitle 9 / Section 4-901
§4–901.
Status: in_force

Five or more adult individuals, each of whom is a resident of this State and a citizen of the United States, may act as incorporators to form a subsidiary savings bank under this subtitle.
Md. Code, Health - General § 4-221 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-221
§4–221.
Status: in_force

The Secretary may approve specific projects for typewritten, photographic, or other reproductions of originals, carbon copies, and indexes of vital records. These projects shall state the method of reproduction, the disposition or location of the depository of any record reproduced, and the type of records and the period covered.
Md. Code, Estates and Trusts § 4-508 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

(a) A person authorized to make an anatomical gift under § 4–507 of this subtitle may make an anatomical gift:

(1) By a document of gift signed by the person making the gift; or

(2) By an oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) (1) Subject to subsection (c) of this section, an anatomical gift by a person authorized under § 4–507 of this subtitle may be amended or revoked orally or in a record by a reasonably available member of a prior class.

(2) If more than one member of a prior class is reasonably available, the gift made by a person authorized under § 4–507 of this subtitle may be:

(i) Amended only if a majority of the reasonably available members agree to the amendment; or

(ii) Revoked only if:

1. A majority of the reasonably available members agree to the revocation; or

2. The reasonably available members are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Md. Code, Environment § 4-111 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

(a) Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.

(b) If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.

(c) Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:

(1) The time set for the hearing, if any; or

(2) The time set for the filing of the report, if any.
Md. Code, Agriculture § 4-120 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-120
§4–120.
Status: in_force

Every person subject to the requirements of this subtitle, whether or not required to be licensed, shall maintain records required by departmental rules and regulations. Each person, upon notification by the Secretary, shall afford the Secretary access to his place of business at any reasonable time; the opportunity to inspect the facilities, inventory, and records; and the opportunity to copy any record and take any reasonable sample of inventory upon payment of its fair market value. Any record required to be maintained by this section shall be maintained at least for the period of time the Secretary prescribes by rule or regulation.
Md. Code, Natural Resources § 4-720 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-720
§4–720.
Status: in_force

A person may not use a haul seine in the water area west of a line from Locust Point to the pumping station at Perry Point. This section does not prohibit catching fish for conservation or scientific purposes under the supervision of the Department, or prohibit catching carp. If 25 or more rockfish are found in a seine or net, there is a violation of this section, and the exception stated does not apply. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine of at least $100 and not more than $1,000 with costs imposed in the discretion of the court.
Md. Code, Insurance § 4-104 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

(a) Except as otherwise provided in this article, to qualify for a certificate of authority to engage in one kind of insurance business, an insurer that started business in the State on or before June 30, 1965, must have and maintain paid–in capital stock with a fixed nominal or par value in an amount not less than that applicable under the following schedule:

Kind of Minimum Capital

Insurance Business Stock Required

(1) life insurance including annuities and health $200,000

insurance ……………………………………………

(2) health insurance …………………………………… $100,000

(3) property insurance and marine insurance other $250,000

than wet marine and transportation insurance…

(4) title insurance ………………………………………… $250,000

(5) wet marine and transportation insurance ………… $250,000

(6) casualty insurance, not including vehicle liability $250,000

insurance for workers’ compensation insurance …

(7) vehicle liability insurance …………………………… $250,000

(8) workers’ compensation insurance …………………… $250,000

(9) surety insurance ………………………………………… $250,000

(b) To qualify for a certificate of authority to engage in two or more kinds of insurance business, an insurer that started business in the State on or before June 30, 1965, must have paid–in capital stock with a fixed nominal or par value in an amount not less than the lesser of:

(1) the combined sum of the capital stock required for each of the kinds of insurance business to be authorized; or

(2) $500,000.

(c) Except as otherwise provided in this article, to qualify for a certificate of authority to engage in one kind of insurance business, an insurer that started business in the State during the period from July 1, 1965, to June 30, 1991, both inclusive, must have and maintain paid–in capital stock with a fixed nominal or par value in an amount not less than that applicable under the following schedule:

Kind of Minimum Capital

Insurance Business Stock Required

(1) life insurance including annuities and health $500,000

insurance ……………………………………………

(2) health insurance …………………………………… $250,000

(3) property insurance and marine insurance other $250,000

than wet marine and transportation insurance…

(4) title insurance ………………………………………… $250,000

(5) wet marine and transportation insurance ………… $250,000

(6) casualty insurance, not including vehicle liability $250,000

insurance for workers’ compensation insurance …

(7) vehicle liability insurance …………………………… $250,000

(8) workers’ compensation insurance …………………… $250,000

(9) surety insurance ………………………………………… $250,000

(d) To qualify for a certificate of authority to engage in two or more kinds of insurance business, an insurer that started business in the State during the period from July 1, 1965, to June 30, 1991, both inclusive, must have paid–in capital stock with a fixed nominal or par value in an amount not less than $500,000.

(e) Except as otherwise provided in this article, to qualify for a certificate of authority to engage in one kind of insurance business, an insurer that started business in the State on or after July 1, 1991, must have and maintain paid–in capital stock with a fixed nominal or par value in an amount not less than that applicable under the following schedule:

Kind of Minimum Capital

Insurance Business Stock Required

(1) life insurance including annuities……………… $1,500,000

(2) health insurance …………………………………… $750,000

(3) property insurance and marine insurance other $750,000

than wet marine and transportation insurance…

(4) title insurance ………………………………………… $750,000

(5) wet marine and transportation insurance ………… $750,000

(6) casualty insurance, not including vehicle liability $250,000

insurance for workers’ compensation insurance …

(7) vehicle liability insurance …………………………… $750,000

(8) workers’ compensation insurance …………………… $750,000

(9) surety insurance ………………………………………… $750,000

(f) To qualify for a certificate of authority to engage in two or more kinds of insurance business, an insurer that started business in the State on or after July 1, 1991, must have paid–in capital stock with a fixed nominal or par value in an amount not less than $1,500,000.

(g) On or after July 1, 2001, an insurer that qualified for a certificate of authority to engage in any kind of insurance business on or before June 30, 1991, must have and maintain paid–in capital stock with a fixed nominal or par value in an amount not less than 150% of that required of an insurer authorized to start insurance business in the State on June 30, 1991.
Md. Code, Business Regulation § 4-207 — MD Code / Article gbr / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

The Commission exercises its powers and duties subject to the authority of the Secretary.
Md. Code, Housing and Community Development § 4-1606 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1606
§4–1606.
Status: in_force

(a) The legislative body of a covered county that undertakes a program shall adopt an ordinance or resolution that specifies:

(1) the proposed program;

(2) the amount of bonds to be issued;

(3) the interest rate or rates that the bonds will bear or the method to determine the rate or rates; and

(4) other provisions consistent with this subtitle that the legislative body considers appropriate to finance mortgage loans.

(b) An ordinance or resolution that authorizes the issuance of bonds shall include findings about:

(1) the appropriate ranges of income of families of low or moderate income;

(2) the need for the financing that is allowed under this subtitle;

(3) the types of housing available and needed in the covered county; and

(4) other factors that the legislative body of the covered county finds appropriate to establish a program.

(c) A finding by the legislative body of a covered county about the qualification of an individual or family as a family of low or moderate income, or about any other matter connected with a program is conclusive in a suit, action, or proceeding that involves the validity or enforceability of a bond issued under this subtitle or the security for the bond.
Md. Code, Public Safety § 4-105 — MD Code / Article gps / Title 4 / Subtitle 1 / Section 4-105
§4–105.
Status: in_force

(a) A local law enforcement agency shall use the money distributed under this subtitle as an addition to and not as a substitute for money appropriated from sources other than the Fund to acquire or replace protective body armor.

(b) (1) Each local law enforcement agency shall spend money from its own sources to acquire or replace protective body armor in an amount at least equal to the amount of State money awarded from the Fund.

(2) After a local law enforcement agency receives notice from the Executive Director of a grant, the local law enforcement agency shall submit to the Executive Director proof of expenditures on protective body armor.

(3) After certifying the expenditures under paragraph (2) of this subsection, the Executive Director may authorize the reimbursement of one-half of the local law enforcement agency’s expenditures on protective body armor, up to a maximum of the amount of the grant.
Md. Code, Health Occupations § 4-207 — MD Code / Article gho / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: reserved

(a) There is a State Board of Dental Examiners Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and its other services.

(2) The fees charged shall be set so as to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all funds collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Board of Dental Examiners Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

(2) The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) In addition to the provisions of subsection (d) of this section, the Board shall fund:

(i) The budget of a dental well–being committee, as defined in § 4–501.1 of this title, with fees set, collected, and distributed to the Fund under this title; and

(ii) The budget of a dental hygiene well–being committee, as defined in § 4–508 of this title, with fees set, collected, and distributed to the Fund under this title.

(2) After review and approval by the Board of a budget submitted by the Maryland State Dental Association for a dental well–being committee, the Board may allocate moneys from the Fund to the dental well–being committee.

(3) After review and approval by the Board of a budget submitted by the Maryland Dental Hygienists’ Association for a dental hygiene well–being committee, the Board may allocate moneys from the Fund to a dental hygiene well–being committee.

(f) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(g) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Housing and Community Development § 4-1807 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1807
§4–1807.
Status: in_force

The Department shall redistribute among qualifying local governments the Program funds that have not been drawn down by other local governments within a 2–year period.
Md. Code, Transportation § 4-204 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) Acting on behalf of the Department, the Authority has those powers and duties relating to the supervision, financing, construction, operation, maintenance, and repair of transportation facilities projects as are granted to it by this title or any other provisions of law.

(b) The Authority has general supervision over all transportation facilities projects.

(c) The Authority shall finance, construct, operate, repair, and maintain in good order all transportation facilities projects.
Md. Code, Business Regulation § 4-420 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-420
§4–420.
Status: in_force

The Secretary shall adopt regulations to carry out this subtitle.
Md. Code, Human Services § 4-203 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) With the approval of the Governor, the Secretary shall appoint the Executive Director.

(b) The Executive Director shall be a competent person with adequate training and practical experience in social welfare work.

(c) The Executive Director serves at the pleasure of the Secretary.

(d) The Executive Director is entitled to the compensation provided in the State budget.
Md. Code, Health - General § 4-301 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Common ownership” means ownership of a health care entity:

(1) By two or more health care providers;

(2) By two or more health care providers employed by a mutual employer for a wage, salary, fee, or payment to perform work for the employer;

(3) By health care organizations operating as an organized health care arrangement, as defined in 45 C.F.R. § 160.103;

(4) By a health care entity or health care entities that possess an ownership or equity interest of 5% or more in another health care entity; or

(5) By affiliated providers operating under the same trade name.

(c) “Directory information” means information concerning the presence and general health condition of a patient who has been admitted to a health care facility or who is currently receiving emergency health care in a health care facility.

(d) “Disclose” or “disclosure” means the transmission or communication of information in a medical record, including an acknowledgment that a medical record on a particular patient or recipient exists.

(e) “Emergency” means a situation when, in the professional opinion of the health care provider, a clear and significant risk of death or imminent serious injury or harm to a patient or recipient exists.

(f) “General health condition” means the health status of a patient described in terms of “critical”, “poor”, “fair”, “good”, “excellent”, or terms denoting similar conditions.

(g) “Health care” means any care, treatment, or procedure by a health care provider:

(1) To diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or

(2) That affects the structure or any function of the human body.

(h) (1) “Health care provider” means:

(i) A person who is licensed, certified, or otherwise authorized under the Health Occupations Article or § 13–516 of the Education Article to provide health care in the ordinary course of business or practice of a profession or in an approved education or training program; or

(ii) A facility where health care is provided to patients or recipients, including a facility as defined in § 10–101(g) of this article, a hospital as defined in § 19–301 of this article, a related institution as defined in § 19–301 of this article, a health maintenance organization as defined in § 19–701(g) of this article, an outpatient clinic, a medical laboratory, a comprehensive crisis response center, a crisis stabilization center, and a crisis treatment center established under § 7.5–207 of this article.

(2) “Health care provider” includes the agents, employees, officers, and directors of a facility and the agents and employees of a health care provider.

(i) (1) “Health information exchange” means:

(i) An individual or entity that determines, controls, or has the discretion to administer any requirement, policy, or agreement that allows, enables, or requires the use of any technology or services for access, exchange, or use of electronic protected health care information:

1. Among more than two unaffiliated individuals or entities that are enabled to exchange electronic protected health information with each other; and

2. That is for a treatment, payment, or health care operations purpose, as those terms are defined in 45 C.F.R. § 164.501, regardless of whether the individuals or entities are subject to the requirements of 45 C.F.R. parts 160 and 164; or

(ii) A health information technology developer of certified health information technology that develops or offers health information technology, as that term is defined in 42 U.S.C. 300jj(5), and has one or more Health Information Technology Modules certified under a program for the voluntary certification of health information technology that is kept or recognized by the National Coordinator in accordance with 42 U.S.C. 300jj–11(c)(5).

(2) “Health information exchange” does not include:

(i) An entity composed of health care providers under common ownership if the organizational and technical processes the entity provides or governs are for health care treatment, payment, or health care operations purposes, as those terms are defined in 45 C.F.R. § 164.501;

(ii) A carrier, as defined in § 15–1301 of the Insurance Article if the organizational and technical processes the carrier provides or governs are for health care treatment, payment, or health care operations purposes, as those terms are defined in 45 C.F.R. § 164.501;

(iii) An administrator, as defined in § 8–301 of the Insurance Article, if the organizational and technical processes the administrator provides or governs are for health care treatment, payment, or health care operations purposes, as those terms are defined in 45 C.F.R. § 164.501;

(iv) A health care provider, as defined in subsection (h) of this section, if the organizational and technical processes the health care provider provides or governs are for health care treatment, payment, or health care operations purposes, as those terms are defined in 45 C.F.R. § 164.501;

(v) A carrier’s business associate, as defined in 45 C.F.R. § 160.103, if the organizational and technical processes provided or governed by the business associate are transactions, as defined in 45 C.F.R. § 160.103; or

(vi) A carrier exchanging information as required by 45 C.F.R. § 156.221.

(j) “Legally protected health care” means all sensitive health services, medications, and supplies related to:

(1) The provision of abortion care; and

(2) Reproductive health and other sensitive health services as determined by the Secretary based on the recommendations of the Protected Health Care Commission established under § 4–310 of this subtitle.

(k) (1) “Medical record” means any oral, written, or other transmission in any form or medium of information that:

(i) Is entered in the record of a patient or recipient;

(ii) Identifies or can readily be associated with the identity of a patient or recipient; and

(iii) Relates to the health care of the patient or recipient.

(2) “Medical record” includes any:

(i) Documentation of disclosures of a medical record to any person who is not an employee, agent, or consultant of the health care provider;

(ii) File or record maintained under § 12–403(c)(13) of the Health Occupations Article by a pharmacy of a prescription order for drugs, medicines, or devices that identifies or may be readily associated with the identity of a patient;

(iii) Documentation of an examination of a patient regardless of who:

1. Requested the examination; or

2. Is making payment for the examination; and

(iv) File or record received from another health care provider that:

1. Relates to the health care of a patient or recipient received from that health care provider; and

2. Identifies or can readily be associated with the identity of the patient or recipient.

(l) (1) “Mental health services” means health care rendered to a recipient primarily in connection with the diagnosis, evaluation, treatment, case management, or rehabilitation of any mental disorder.

(2) For acute general hospital services, mental health services are considered to be the primarily rendered service only if service is provided pursuant to Title 10, Subtitle 6 of this article or Title 3 of the Criminal Procedure Article.

(m) “Patient” means a person who receives health care and on whom a medical record is maintained.

(n) “Person in interest” means:

(1) An adult on whom a health care provider maintains a medical record;

(2) A person authorized to consent to health care for an adult consistent with the authority granted;

(3) A duly appointed personal representative of a deceased person;

(4) (i) A minor, if the medical record concerns treatment to which the minor has the right to consent and has consented under Title 20, Subtitle 1 of this article; or

(ii) A parent, guardian, custodian, or a representative of the minor designated by a court, in the discretion of the attending physician who provided the treatment to the minor, as provided in § 20–102 or § 20–104 of this article;

(5) If item (4) of this subsection does not apply to a minor:

(i) A parent of the minor, except if the parent’s authority to consent to health care for the minor has been specifically limited by a court order or a valid separation agreement entered into by the parents of the minor; or

(ii) A person authorized to consent to health care for the minor consistent with the authority granted; or

(6) An attorney appointed in writing by a person listed in item (1), (2), (3), (4), or (5) of this subsection.

(o) “Primary provider of mental health services” means the designated mental health services provider who:

(1) Has primary responsibility for the development of the mental health treatment plan for the recipient; and

(2) Is actively involved in providing that treatment.

(p) “Protected health information” means all individually identifiable health information held or transmitted by a covered entity or its business associate protected under the U.S. Department of Health and Human Services Privacy Rule.

(q) “Recipient” means a person who has applied for, for whom an application has been submitted, or who has received mental health services.

(r) “Sensitive health services” includes:

(1) Reproductive health services other than abortion care; and

(2) Gender–affirming care.

(s) “State–designated health information exchange” means the health information exchange designated by the Maryland Health Care Commission and the Health Services Cost Review Commission under § 19–143 of this article.
Md. Code, Natural Resources § 4-1035 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1035
§4–1035.
Status: in_force

A severance tax of 50 cents per bushel shall be levied on all soft-shell clams of all species Mya arenaria caught within the State. The tax shall be paid by the buyer of clams at the place in the State where the clams are to be shipped in bulk no further by vessel, or before clams are shipped out of the State by vessel. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the soft-shell clam resources of the State. A severance tax may not be levied on soft-shell clams of the species genus Tagelus.
Md. Code, Natural Resources § 4-1040 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1040
§4–1040.
Status: in_force

(a) A clam dredge in or crossing a restricted area shall have the dredge’s conveyor raised above the surface of the water.

(b) A person may not have any oysters aboard a clam dredge boat.
Md. Code, Economic Development § 4-305 — MD Code / Article gec / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

The Office shall coordinate its activities with activities of similar local governmental units in the State for any of the purposes of this subtitle.
Md. Code, Housing and Community Development § 4-1801 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1801
§4–1801.
Status: in_force

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

(b) “Affordable” means that housing costs do not exceed 30% of a household’s income.

(c) “Area median income” means the median household income for the area adjusted for household size as published and annually updated by the United States Department of Housing and Urban Development.

(d) “Development costs” means costs related to acquisition, site clearance and preparation, relocation, construction, renovation, financing, refinancing, engineering, or architectural plans.

(e) “Fund” means the Workforce Housing Fund.

(f) “Household of low or moderate income” means a household that a qualifying local government determines cannot afford a sales price or rent sufficient to induce private enterprise in the area of the qualifying local government to develop enough adequate and safe housing without the assistance of a program.

(g) “Housing costs” means:

(1) rent for a rental housing unit; or

(2) mortgage principal and interest, real property taxes, and insurance for a housing unit that is for sale.

(h) “Net proceeds of transfer” means all amounts paid to the original buyer or obligations of the original buyer assumed by a purchaser of a workforce housing unit minus:

(1) reasonable costs paid by the original buyer;

(2) the combined amount of Program funds and qualifying local government matching funds used to develop the workforce housing unit; and

(3) other liens as permitted by regulation by the Department.

(i) “Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article.

(j) “Program” means the Workforce Housing Grant Program.

(k) “Qualifying local government” means a county or municipal corporation that qualifies for participation in the Program under § 4–1803 of this subtitle.

(l) “Workforce housing” means:

(1) rental housing that is affordable for a household with an aggregate annual income between 50% and 100% of the area median income; or

(2) homeownership housing that:

(i) except as provided in item (ii) of this item, is affordable to a household with an aggregate annual income between 60% and 120% of the area median income; or

(ii) in target areas that are recognized by the Secretary for purposes of administering the Maryland Mortgage Program, is affordable to a household with an aggregate annual income between 60% and 150% of the area median income.
Md. Code, Transportation § 4-212 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

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

(2) “Advisory Group” means the Chesapeake Bay Bridge Reconstruction Advisory Group.

(3) “Chesapeake Bay Bridge” means the William Preston Lane, Jr. Memorial Chesapeake Bay Bridge and parallel Chesapeake Bay Bridge.

(b) There is a Chesapeake Bay Bridge Reconstruction Advisory Group in the Department.

(c) The Advisory Group consists of the following members:

(1) The Secretary of Transportation, or the Secretary’s designee;

(2) The State Highway Administrator, or the Administrator’s designee;

(3) The Executive Director of the Authority, or the Executive Director’s designee;

(4) Two citizen members appointed by the Anne Arundel County Council;

(5) Two citizen members appointed by the County Commissioners of Queen Anne’s County; and

(6) The following members appointed by the Governor:

(i) Three citizen members who live in Anne Arundel County and are familiar with issues faced by commuters who cross the Chesapeake Bay Bridge; and

(ii) Three citizen members who live in Queen Anne’s County and are familiar with issues faced by commuters who cross the Chesapeake Bay Bridge.

(d) (1) The term of an appointed member is 3 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Advisory Group on July 1, 2020.

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

(4) An appointed 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) From among its members, the Advisory Group shall elect a chair each year.

(f) The Authority shall provide staff for the Advisory Group.

(g) A member of the Advisory Group:

(1) May not receive compensation as a member of the Advisory Group; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(h) The Advisory Group shall:

(1) Adopt bylaws;

(2) Provide the Authority with an independent, citizen–informed perspective on the Authority’s operations at the Chesapeake Bay Bridge; and

(3) (i) Assist the Authority in:

1. Assessing potential concerns about activity relating to the Chesapeake Bay Bridge; and

2. Educating the general public about activity relating to the Chesapeake Bay Bridge; and

(ii) Work collaboratively with the Authority and provide pertinent input related to traffic and customer service issues.

(i) The Advisory Group is a public body and is subject to Title 3 of the General Provisions Article.

(j) Any entity that conducts a traffic capacity study pertaining to the Chesapeake Bay Bridge and U.S. Route 50 between Interstate 97 and Maryland Route 404 shall report its findings and recommendations to the Advisory Group.

(k) (1) The Advisory Group shall report its activities and recommendations quarterly to the Authority.

(2) On or before July 1, 2021, and each July 1 thereafter, the Advisory Group shall report its activities and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Housing and Community Development § 4-235 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-235
§4–235.
Status: in_force

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

(2) “Mortgage loan” includes a loan to:

(i) finance or refinance the purchase of stock or membership in a cooperative ownership housing corporation; or

(ii) rehabilitate units in a cooperative ownership housing corporation.

(3) “Reverse equity mortgage loan” includes a loan that uses the equity in a home as collateral.

(b) (1) The Administration may make, participate in making, and undertake a commitment for:

(i) a residential mortgage loan to a family of limited income:

1. for a family that has a disabled family member who will reside in the dwelling;

2. for an emergency housing need as determined by the Secretary;

3. for settlement and down payment costs; or

4. that is made in conjunction with a loan funded with State appropriated funds if the State appropriated funded loan comprises at least 20% of the total amount loaned;

(ii) financial assistance to a family of limited income:

1. for maintaining or modifying its existing residential mortgage loan; or

2. that is made in conjunction with a new residential mortgage loan to enable a homeowner to refinance an existing residential mortgage loan;

(iii) the refinancing of a residential mortgage loan of a homeowner if the loan was made by the Department or Administration; and

(iv) financial assistance to a homeowner for:

1. purchasing the homeowner’s primary residence and making payments on the homeowner’s student loan debt; or

2. making payments on the homeowner’s student loan debt in conjunction with the homeowner obtaining separate financial assistance from a source other than the Administration for purchasing the homeowner’s primary residence.

(2) The Secretary shall determine the terms and qualifications for financial assistance under paragraph (1) of this subsection.

(c) (1) In accordance with § 4–213 of this subtitle, the Administration may make, participate in making, purchase, and undertake a commitment for:

(i) a mortgage loan or other financial assistance secured by a mortgage lien for a community development project or public purpose project; and

(ii) a reverse equity mortgage loan secured by a mortgage lien that is for housing related expenses of an elderly household that qualifies as a family of limited income.

(2) Financial assistance to purchase a dwelling unit in a community development project or public purpose project under paragraph (1)(i) of this subsection may include a temporary loan or advance and a permanent direct mortgage loan to a family of limited income, if otherwise required by law.

(3) Housing related expenses under paragraph (1)(ii) of this subsection include personal expenses that enable the owner to continue to occupy the owner’s home.

(d) (1) A commitment, mortgage, bond, or secured note shall contain terms and conditions necessary to secure repayment of its loan, the interest on it, and other charges in connection with the loan.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a mortgage loan for a community development project or a public purpose project and a reverse equity mortgage loan may bear interest at a rate or rates that the Administration finds will make the project economically feasible.

(ii) The Administration may not increase the interest rate originally charged on a permanent direct mortgage loan to a family for the purchase of a dwelling unit in a community development project or a public purpose project.

(3) Subject to any agreement with noteholders or bondholders, the Administration may consent to the modification of the interest rate, time of payment of any installment of principal or interest, security, or any other term, of a mortgage, mortgage loan, reverse equity mortgage loan, mortgage loan commitment, or reverse equity mortgage loan commitment, contract, or agreement to which the Administration is a party.

(e) In connection with property on which it holds a mortgage loan or reverse equity mortgage loan:

(1) the Administration may:

(i) foreclose on the property or begin an action to protect or enforce a right that is conferred on the Administration by law, a mortgage contract, or other agreement;

(ii) bid for and purchase the property at a foreclosure or other sale; or

(iii) acquire or take possession of the property; and

(2) in a manner to protect the interests of the Administration, the Administration may:

(i) complete, administer, and pay the principal of and interest on an obligation incurred in connection with the property;

(ii) dispose of the property; and

(iii) otherwise deal with the property.

(f) (1) This subsection does not apply to a lien held in connection with a public purpose project.

(2) The Administration may not lend money on the security of property unless the lien on the property is superior to all other liens, except for:

(i) liens for taxes owed to the State or a political subdivision; or

(ii) earlier mortgage liens.

(g) The Administration may:

(1) sell any mortgage or other obligation that it holds, at public or private sale, with or without public bidding; and

(2) retain the servicing rights and charge servicing fees for any mortgage or other obligation the Administration sells.

(h) The Administration may purchase securities backed by mortgages to provide financial assistance to community development projects and public purpose projects and to finance residential mortgage loans with the proceeds of the securities or with investment earnings on the securities.
Md. Code, Criminal Procedure § 4-203 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

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

(2) “Corporation” includes a joint-stock company and an association.

(3) “Limited liability company” includes a limited liability partnership and a limited liability limited partnership.

(b) If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document.

(c) A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules.

(d) (1) If a sheriff or other officer returns a summons served under this section as “summoned” or “served”:

(i) the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and

(ii) the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document.

(2) After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty.

(e) (1) If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may:

(i) pass a judgment concerning the charging document; and

(ii) issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action.

(2) A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.
Md. Code, Corporations and Associations § 4A-701 — MD Code / Article gca / Title 4A / Subtitle 7 / Section 4A-701
§4A–701.
Status: in_force

(a) Unless otherwise agreed, a domestic limited liability company may merge into one or more:

(1) Domestic limited liability companies;

(2) Foreign limited liability companies;

(3) Partnerships;

(4) Limited partnerships;

(5) Corporations having capital stock; or

(6) Business trusts having transferable units of beneficial interest.

(b) One or more domestic limited liability companies, foreign limited liability companies, partnerships, limited partnerships, corporations having capital stock, or business trusts having transferable units of beneficial interest may merge into a domestic limited liability company.
Md. Code, Family Law § 4-511 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-511
§4–511.
Status: in_force

(a) When responding to the scene of an alleged act of domestic violence, as described in this subtitle, a law enforcement officer may remove a firearm from the scene if:

(1) the law enforcement officer has probable cause to believe that an act of domestic violence has occurred; and

(2) the law enforcement officer has observed the firearm on the scene during the response.

(b) If a firearm is removed from the scene under subsection (a) of this section, the law enforcement officer shall:

(1) provide to the owner of the firearm information on the process for retaking possession of the firearm; and

(2) provide for the safe storage of the firearm during the pendency of any proceeding related to the alleged act of domestic violence.

(c) At the conclusion of a proceeding on the alleged act of domestic violence, the owner of the firearm may retake possession of the firearm unless ordered to surrender the firearm under § 4-506 of this subtitle.
Md. Code, Housing and Community Development § 4-711 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-711
§4–711.
Status: in_force

(a) In this section, “Committee” means the Lead Hazard Advisory Committee.

(b) There is a Lead Hazard Advisory Committee.

(c) The Committee consists of the following seven members:

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

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

(3) the Secretary of Health, or the Secretary’s designee; and

(4) four members appointed by the Governor:

(i) a member of the Lead Poisoning Prevention Commission;

(ii) a representative of owners of residential rental property built before 1950;

(iii) a representative of a child, youth, or health advocacy group; and

(iv) a member of the public who has an interest in lead in the environment.

(d) (1) The term of an appointed member of the Committee is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Committee on October 1, 2005.

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

(4) An appointed 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) The Secretary or the Secretary’s designee is the chair of the Committee.

(f) Each member of the Committee is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) In consultation with the Committee, the Department shall develop regulations, policies, and guidelines to carry out the Grant Program and the Loan Program.
Md. Code, Commercial Law § 4A-105 — MD Code / Article gcl / Title 4A / Subtitle 1 / Section 4A-105
§4A–105.
Status: reserved

(a) In this title:

(1) “Authorized account” means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.

(2) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this title.

(3) “Customer” means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.

(4) “Funds–transfer business day” of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.

(5) “Funds–transfer system” means a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.

(6) Reserved.

(7) “Prove” with respect to a fact means to meet the burden of establishing the fact (§ 1–208(b)(8)).

(b) Other definitions applying to this title and the sections in which they appear are:

“Acceptance” § 4A–209

“Beneficiary” § 4A–103

“Beneficiary’s bank” § 4A–103

“Executed” § 4A–301

“Execution date” § 4A–301

“Funds transfer” § 4A–104

“Funds–transfer system rule” § 4A–501

“Intermediary bank” § 4A–104

“Originator” § 4A–104

“Originator’s bank” § 4A–104

“Payment by beneficiary’s bank to § 4A–405

beneficiary”

“Payment by originator to beneficiary” § 4A–406

“Payment by sender to receiving bank” § 4A–403

“Payment date” § 4A–401

“Payment order” § 4A–103

“Receiving bank” § 4A–103

“Security procedure” § 4A–201

“Sender” § 4A–103

(c) The following definitions in Title 4 of this article apply to this title:

“Clearing house” § 4–104

“Item” § 4–104

“Suspends payments” § 4–104

(d) In addition, Title 1 of this article contains general definitions and principles of construction and interpretation applicable throughout this title.
Md. Code, Housing and Community Development § 4-3001 — MD Code / Article ghs / Title 4 / Subtitle 30 / Section 4-3001
§4–3001.
Status: in_force

§4–3001. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 212 OF 2024 //

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

(b) “Authority” has the meaning stated in § 12–101 of this article.

(c) “Fund” means the Housing Innovation Fund.

(d) “Housing innovation project” means a project to provide mixed–income, cross–subsidized housing that qualifies under § 4–3003 of this subtitle.

(e) “Program” means the Housing Innovation Pilot Program.

(f) “Public ownership” means that the authority of the political subdivision of the state in which the project is located possesses majority ownership or control.
Md. Code, Family Law § 4-506 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-506
§4–506.
Status: in_force

(a) A respondent under § 4–505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order.

(b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing.

(ii) Except as provided in § 4–505(c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent.

(2) The temporary protective order shall include notice to the respondent:

(i) in at least 10–point bold type, that if the respondent fails to appear at the final protective order hearing, the respondent may be served by first–class mail at the respondent’s last known address with the final protective order and all other notices concerning the final protective order;

(ii) specifying all the possible forms of relief under subsection (d) of this section that the final protective order may contain;

(iii) that the final protective order shall be effective for the period stated in the order, not to exceed 1 year or, under the circumstances described in subsection (j)(2) of this section, 2 years, unless the judge extends the term of the order under § 4–507(a)(2) of this subtitle or the court issues a permanent order under subsection (k) of this section; and

(iv) in at least 10–point bold type, that the respondent must notify the court in writing of any change of address.

(c) (1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge:

(i) may proceed with the final protective order hearing; and

(ii) if the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.

(2) A final protective order may be issued only to a person who has filed a petition under § 4–504 of this subtitle.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, in cases where both parties file a petition under § 4–504 of this subtitle, the judge may issue mutual protective orders if the judge finds by a preponderance of the evidence that mutual abuse has occurred.

(ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that:

1. both parties acted primarily as aggressors; and

2. neither party acted primarily in self–defense.

(d) The final protective order may include any or all of the following relief:

(1) order the respondent to refrain from abusing or threatening to abuse any person eligible for relief;

(2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief;

(3) order the respondent to refrain from entering the residence of any person eligible for relief;

(4) where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or, in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home, provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has shared the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition;

(5) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;

(6) order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider;

(7) award temporary custody of a minor child of the respondent and a person eligible for relief;

(8) establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief. If the court finds that the safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of any person eligible for relief;

(9) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article;

(10) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief;

(11) except when a protective order is issued for a person eligible for relief described in § 4–501(m)(7) of this subtitle, direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;

(12) order the respondent to pay filing fees and costs of a proceeding under this subtitle;

(13) award temporary possession of any pet of the person eligible for relief or the respondent; or

(14) order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse.

(e) (1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under:

(i) the Criminal Law Article;

(ii) Title 3, Subtitle 15 of the Courts Article; and

(iii) this article.

(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section.

(f) The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the protective order.

(g) If the judge awards temporary custody of a minor child under subsection (d)(7) of this section, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the final protective order.

(h) In determining whether to order the respondent to vacate the home under § 4–505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors:

(1) the housing needs of any minor child living in the home;

(2) the duration of the relationship between the respondent and any person eligible for relief;

(3) title to the home;

(4) pendency and type of criminal charges against the respondent;

(5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief;

(6) the existence of alternative housing for the respondent and any person eligible for relief; and

(7) the financial resources of the respondent and the person eligible for relief.

(i) (1) A copy of the final protective order shall be served on the petitioner, the respondent, any affected person eligible for relief, the appropriate law enforcement agency, and any other person the judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first–class mail to the person’s last known address.

(2) A copy of the final protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final protective order. Service is complete upon mailing.

(j) (1) Except as provided in paragraphs (2) and (3) of this subsection, all relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 1 year.

(2) All relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 2 years if:

(i) the court issues a final protective order under this section against a respondent on behalf of a person eligible for relief:

1. for an act of abuse committed within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; or

2. by consent of the respondent within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; and

(ii) the prior final protective order was issued for a period of at least 6 months.

(3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order.

(k) (1) Notwithstanding any other provision of this section, the court shall issue a permanent protective order under this subsection against an individual if:

(i) an interim, temporary, or final protective order has been issued under this subtitle against the individual;

(ii) 1. the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act of abuse that led to the issuance of the interim, temporary, or final protective order and the individual has served at least 12 months of the sentence;

2. A. during the term of the interim, temporary, or final protective order, the individual committed an act of abuse against the person eligible for relief; and

B. the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act and has served at least 12 months of the sentence; or

3. the individual consents to the issuance of the permanent protective order; and

(iii) the victim of the act of abuse described in item (ii)1 or 2 of this paragraph, who was the person eligible for relief in the interim, temporary, or final protective order, requests the issuance of a permanent protective order under this subsection.

(2) In a permanent protective order issued under this subsection, the court may grant only the relief that was granted in the original protective order under § 4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this section.

(3) Unless terminated at the request of the victim, a protective order issued under this subsection shall be permanent.
Md. Code, Education § 4-122.1 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-122.1
§4–122.
Status: in_force

§4–122.1.

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

(2) “Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.

(3) “Least restrictive environment C (LRE–C)” means a setting in which a child is enrolled in a comprehensive school and receives special education and related services in regular education settings less than 40% of the school day.

(4) “Least restrictive environment F (LRE–F)” means a setting in which a child receives special education and related services for greater than 50% of the school day in a public separate day facility that does not include programs for students without disabilities.

(5) “Local current expense per student” means all expenditures made by a county from county appropriations, except State, federal, and other aid, for public elementary and secondary education in the prior fiscal year, divided by the full–time equivalent enrollment, as defined in § 5–202(a) of this article.

(6) “Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.

(7) “Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.

(8) “Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, subject to the following conditions:

(i) If the parents or legal guardians of the child live apart, the sending agency is the local education agency in the county where the parent or legal guardian who has been awarded custody of the child resides;

(ii) If custody has not been awarded to a parent or legal guardian, the sending agency is the local education agency of the county where the parent or legal guardian with whom the child lives when not in an informal kinship care relationship resides;

(iii) If custody has been awarded to both parents or legal guardians, and the parents or legal guardians reside in different counties, the local education agencies of both counties shall be considered a sending agency and shall pay one–half the amount as computed in accordance with subsection (d) of this section, except that if a child receives a public education in a county where a parent resides, this subparagraph shall not apply; and

(iv) If custody has been awarded to both parents or legal guardians, and one parent resides in a county and the other resides out of state, the local education agency of the county shall be considered the sending agency.

(9) “Serious family hardship” means:

(i) Death of a parent or legal guardian of the child;

(ii) Serious illness of a parent or legal guardian of the child;

(iii) Drug addiction of a parent or legal guardian of the child;

(iv) Incarceration of a parent or legal guardian of the child;

(v) Abandonment by a parent or legal guardian of a child; or

(vi) Assignment of a parent or legal guardian of a child to active uniformed services duty.

(b) Subsection (d) of this section shall apply to the education funding of a child in an informal kinship care relationship if the fiscal impact of the requirements of § 7–101(c) of this article to a county exceeds 0.1% of a county board’s total operating budget for a fiscal year.

(c) (1) A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.

(2) The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full–time equivalent enrollment as provided by § 5–202(a) of this article.

(d) (1) Subject to subsection (b) of this section, and except as provided in paragraph (3) of this subsection, for each child in an informal kinship care relationship enrolled in a public school program, the sending agency shall pay the receiving agency an amount equal to the lesser of:

(i) The local current expense per student under the jurisdiction of the sending agency; or

(ii) The local current expense per student under the jurisdiction of the receiving agency.

(2) If the receiving agency determines that a child in an informal kinship care relationship is a student with a disability who needs an LRE–C or LRE–F placement, the sending agency shall pay the receiving agency for each such child an amount equal to the lesser of:

(i) Three times the local current expense per student under the jurisdiction of the sending agency; or

(ii) Three times the local current expense per student under the jurisdiction of the receiving agency.

(3) If the receiving agency determines that a child in an informal kinship care relationship is disabled and needs a nonpublic educational program as provided by § 8–406 of this article, the sending agency shall pay for each such child the amount provided by § 8–415(d)(3) of this article.

(e) (1) Each receiving agency shall:

(i) Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and

(ii) Subject to subsection (b) of this section, make a preliminary determination of the sending agency that is financially responsible for each child under subsection (d) of this section.

(2) The receiving agency shall send a copy of the notice required under paragraph (1) of this subsection to the sending agency by January 31, and, at the same time, shall send notice to the State Superintendent.

(3) The sending agency that was determined to be financially responsible under this subsection may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.

(4) The State Superintendent shall decide all appeals that are made under paragraph (3) of this subsection and make a final determination regarding the sending agency’s financial responsibility for each child in an informal kinship care relationship under the jurisdiction of the receiving agency.

(5) By January 15 each year, each county board shall provide the State Superintendent the data necessary to compute the local current expense per student under this section.

(6) If by May 15 a sending agency has failed to make the required payment to a receiving agency, the State Superintendent shall deduct from the next payment of State aid to the sending agency an amount equal to the amount owed under this section and shall pay those funds to the receiving agency.

(f) The State Board shall adopt regulations to implement this section.
Md. Code, Natural Resources § 4-507 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

A person may not sink any obstruction in the berth or haul of any fishery, or deliberately interfere with the operation of a haul seine after it has been set and is being hauled.
Md. Code, Health Occupations § 4-501.1 — MD Code / Article gho / Title 4 / Subtitle 5 / Section 4-501.1
§4–501.
Status: in_force

§4–501.1.

(a) In this section, “Dental Well–Being Committee” means the committee of the Maryland State Dental Association that evaluates and provides assistance to any provider of dental care in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(b) (1) Subject to the provisions of paragraph (2) of this subsection, the Maryland State Dental Association shall appoint the members of the Dental Well–Being Committee.

(2) At least one member of the Dental Well–Being Committee shall be a member of the Maryland Dental Society.

(c) The Board shall fund the budget of the Dental Well–Being Committee as provided in § 4–207 of this title.

(d) The Legislative Auditor shall audit the accounts and transactions of the Dental Well–Being Committee as provided in § 2–1220 of the State Government Article.
Md. Code, General Provisions § 4-314.1 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-314.1
§4–314.
Status: in_force

§4–314.1.

(a) Except as provided in subsection (b) of this section, a custodian shall deny inspection of any record disclosing:

(1) a safety evaluation or school emergency plan developed under § 7–1510 of the Education Article;

(2) an emergency response policy developed under § 7–1509 of the Education Article and § 3–520 of the Public Safety Article;

(3) guidelines for school resource officers and supplemental coverage by local law enforcement agencies developed by the Maryland Center for School Safety under § 7–1508 of the Education Article;

(4) a plan to implement the Maryland Center for School Safety’s guidelines adopted by a local school system under § 7–1508 of the Education Article; or

(5) any school mapping data produced under the School Mapping Data Program in accordance with § 7–1510.1 of the Education Article.

(b) A custodian shall allow inspection of safety evaluation, school emergency plan, and emergency response policy records by the following entities in the performance of the entity’s official duties:

(1) the Maryland Center for School Safety;

(2) the Interagency Commission on School Construction;

(3) the Department of State Police;

(4) the Department of Public Safety and Correctional Services;

(5) the Maryland Department of Emergency Management;

(6) local law enforcement agencies; and

(7) local organizations for emergency management.
Md. Code, Family Law § 4-606 — MD Code / Article gfl / Title 4 / Subtitle 6 / Section 4-606
§4–606.
Status: in_force

(a) To assist displaced homemakers in becoming gainfully employed, the center shall provide them with:

(1) counseling;

(2) training;

(3) skills;

(4) services; and

(5) education.

(b) To the extent the center has the resources available, the center may also provide these services to persons who are at least 30 years old and:

(1) who satisfy the criteria for displaced homemakers under § 4-601(2), (3), (4), and (5) of this subtitle; or

(2) who have depended on Aid to Families with Dependent Children or temporary cash assistance for at least 24 months.
Md. Code, State Finance and Procurement § 4-502 — MD Code / Article gsf / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) (1) The head of a unit of the State government may declare an item of personal property in the possession of the unit to be excess personal property by submitting a declaration of excess personal property to the Department.

(2) The declaration is effective on approval by the Department.

(b) The Department may declare excess personal property to be surplus personal property if the Department determines that the excess personal property cannot be used by any unit of the State government.
Md. Code, Public Safety § 4-1702 — MD Code / Article gps / Title 4 / Subtitle 17 / Section 4-1702
§4–1702.
Status: in_force

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

(2) “Entertainment district” means a one–half square mile area in the State in which one of the following is present:

(i) a high density of establishments licensed to serve alcoholic beverages for on–site consumption;

(ii) a high density of establishments that are hookah bars; or

(iii) a high density of establishments that regularly host live entertainment for their patrons or members of the public.

(3) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(b) There is a Maryland Entertainment District Security Grant Program.

(c) The purpose of the Program is to assist community organizations, nonprofit entities, and local governments to fund security operations during times of high pedestrian traffic in entertainment districts from which a higher than average number of calls for police assistance in response to reported crime are placed.

(d) The Executive Director shall establish:

(1) an application process for community organizations and nonprofit entities located in entertainment districts, and local governments with entertainment districts located within the jurisdiction, to apply for grant funding from the Program;

(2) eligibility criteria for selecting recipients for grant funding from the Program; and

(3) minimum criteria for an entertainment district for the purpose of determining eligibility for grant funding from the Program, including:

(i) the density of establishments licensed to serve alcohol for on–site consumption, hookah bars, or establishments that regularly host live entertainment for their patrons or members of the public;

(ii) the amount of pedestrian traffic; and

(iii) the number of calls for police assistance in response to reported crimes.
Md. Code, Housing and Community Development § 4-1209 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1209
§4–1209.
Status: in_force

(a) (1) A person may not knowingly make or cause to be made a false statement or report in a document required to be given to the Department in connection with the Program.

(2) A person may not knowingly make or cause to be made a false statement or report to influence the action of the Department in connection with the Program.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Natural Resources § 4-306 — MD Code / Article gnr / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: reserved

Preamble

Whereas, Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the tidewater portion of the Potomac River, and

Whereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low watermark of the southern shore thereof; as laid out on the Matthews–Nelson Survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low watermark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Matthews–Nelson Survey, and, in common with the citizens of Maryland, the right of fishing in said river, Maryland and Virginia have agreed that the necessary conservation and improvement of the tidewater portion of the Potomac fishery resources can be best achieved by a commission comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and

Whereas, at a meeting of the commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton, M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J. McWilliams, Esquires, on the part of the State of Maryland, and Mills E. Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, in Virginia, on the twentieth day of December, in the year one thousand nine hundred and fifty–eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia, and the State of Maryland was mutually agreed to by the said commissioners:

Now, therefore, be it resolved by the commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective governors that there be a new compact, to be designated as the “Potomac River Compact of 1958”, and that the said new compact be referred as promptly as possible to the legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end that after ratification and adoption by said legislatures the same be submitted to the Congress of the United States for approval.

Article I.

Commission –– Membership and Organization

Section 1. The Potomac River Fisheries Commission, hereinafter designated as “commission”, is hereby created.

Section 2. The commission shall consist of eight members, four from Maryland and four from Virginia. The Maryland members shall be the Secretary of the Department of Natural Resources of Maryland or its successor agency, or the Secretary’s designee, and three members at large to be appointed by the Governor of Maryland with the advice and consent of the Senate of Maryland. The Virginia members shall be three members of the Virginia Marine Resources Commission or its successor agency, and one member at large, to be appointed by the Governor of Virginia. If the membership of the Virginia Marine Fisheries Commission exceeds three, then the three commission members from Virginia Marine Fisheries Commission shall be selected by the Governor of Virginia; and if the membership of the Virginia Marine Resources Commission is less than three, the four commission members from Virginia shall be the member or members of the Virginia Marine Fisheries Commission, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of four commissioners.

Section 3. The term of commissioners who are members of the Virginia Marine Resources Commission shall be coterminous with their term on the Virginia Marine Resources Commission. The Secretary of the Department of Natural Resources of Maryland or the Secretary’s designee shall serve ex officio. The term of all other commissioners shall be four years. Vacancies on the commission shall be filled by appointment of the governor of the state entitled to fill the vacancy, except that if the Virginia Marine Resources Commission has three members, the person filling a vacancy on the Virginia Marine Resources Commission shall ex officio become a member of the commission.

Section 4. The chairman of the commission shall alternate from year to year between representatives of Maryland and Virginia. Subject to such alternation, the chairman shall be elected by the commissioners for a term of one year.

Section 5. Commissioners shall be entitled to receive from the general fund of the commission compensation not to exceed two hundred and fifty dollars ($250.00) for each day or portion thereof spent in the performance of their duties, but in no event to exceed one thousand five hundred dollars ($1,500.00) in any year, and reimbursement for reasonable expenses incident to the performance of their duties.

Section 6. Commission meetings shall be held at least once each quarter, and at such other times as the commission may determine. In order to constitute a quorum for the transaction of any business at least two of the four members from each state must be present and must vote on the business being transacted.

Section 7. The commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act, as the same may be from time to time in effect. The commission may extend to any employee or employees membership in the Virginia Supplemental Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees of the commission shall also be eligible for the health and related insurance for State employees in § 2.1–20.1 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.

Article II.

Jurisdictional Boundaries

The territory in which the Potomac River Fisheries Commission shall have jurisdiction shall be those waters of the Potomac River enclosed within the following described area:

Beginning at the intersection of mean low watermark at Point Lookout and an established line running from Smith’s Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low waterline of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low waterline to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low waterline in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence northwesterly following the ridge of Heron Island bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low waterline, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island sandbar; thence northwesterly, along the westerly edge of said sandbar continuing along the mean low waterline of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point sandbar to the southerly extremity of Cobb Point; thence following the mean low waterline in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low waterline across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the Village of Riverside; thence following the mean low waterline, southwesterly, northwesterly and northerly, across the respective mouths of all creeks and inlets to Smith Point; thence northerly in a straight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low waterline northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low waterline northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the southwesterly point of Cornwallis Neck; thence following the mean low waterline northeasterly across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hollis Point; thence following the mean low waterline in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall Shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low waterline northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point, thence following the boundary line of the District of Columbia southwesterly to a point on the lower or southern shore of the Potomac River, said point being the intersection of the boundary line of the Commonwealth of Virginia with the boundary line of the District of Columbia; thence following the mean low waterline of the Potomac River on the southern, or Virginia shore, as defined in the Black–Jenkins Award of 1877 and as laid out in the Matthews–Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low watermark at Point Lookout, the place of beginning.

Article III.

Commission Powers and Duties

Section 1. The commission shall make a survey of the oyster bars within its jurisdiction and may reseed and replant said oyster bars as may from time to time be necessary.

Section 2. The commission may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish which may be taken or caught within its jurisdiction, the places where they may be taken or caught, and the manner of taking or catching.

Section 3. The commission shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction, and to that end may cooperate and contract with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.

Section 4. (a) The commission shall issue such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams, or other shellfish from the waters within the jurisdiction of the commission, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing in the territory over which the commission shall have jurisdiction is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the commission shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges, or rights under this compact.

(b) Licenses for the taking of oysters and clams and the commercial taking of finfish and crabs within the jurisdiction of the commission shall be granted only to citizens of Maryland or Virginia who have resided in either or both states for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the commission shall adopt a schedule of licenses, the privileges granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the commission.

(c) The licenses hereby authorized may be issued at such places, by such persons, and in accordance with such procedures as the commission may determine.

Section 5. The commission is authorized to expend funds for the purposes of general administration, repletion of the fish and shellfish in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.

Section 6. The commission is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the general fund of the commission, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall be placed in a special account, which shall be administered under the same procedure as that prescribed for the general fund.

Section 7. The commission may call upon the resources and assistance of the Virginia Institute of Marine Science, the University System of Maryland, and all other agencies, institutions, and departments of Maryland and Virginia which shall cooperate fully with the commission upon such request.

Section 8. The commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings as it may from time to time hold, and for the administration of its affairs.

Section 9. The commission may impose an inspection tax, in an amount as fixed from time to time by the commission, upon all oysters caught within the limits of the Potomac River, which inspection tax may not exceed $2.00 per bushel. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the commission, or to such officer or employee of the Virginia Marine Resources Commission or of the Maryland Department of Natural Resources, as may be designated by the commission, and by him paid over to the commission. The commission shall use the proceeds of the oyster inspection tax solely for planting seed or shell oyster on working bottom.

Section 10. The Potomac River Fisheries Commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for authorizing and regulating the dredging of soft shell clams in areas within its geographical jurisdiction and may levy license fee for such dredging in amounts to be set in its discretion.

Article IV.

Commission Regulations –– Procedure and Review

Section 1. No regulation shall be adopted by the commission unless: (a) a public hearing is held thereon, (b) prior to the hearing the commission has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction. The first such publication to be at least thirty days but not more than 45 days prior to the date of the hearing; (c) a copy of the proposed regulation is mailed at least 30 days but not more than 45 days prior to the hearing, to the clerk of the court of each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction, who shall post the same in a conspicuous place at or in the courthouse; and (d) the regulation is approved by at least six members of the commission.

Section 2. (a) Regulations of the commission shall be exempt from the provisions of Chapter 1.1 of Title 9 of the Code of Virginia (1950 Edition, as amended from time to time), and of §§ 10–106 and 10–107 of the State Government Article of the Annotated Code of Maryland (1957 Edition, as amended from time to time). Copies of commission regulations shall be kept on public file and available for public reference in the offices of the commission, the office of the clerk of court in each county of Maryland and Virginia contiguous to the waters within the commission’s jurisdiction, the office of the Virginia division of statutory research and drafting, the office of the Maryland Department of Legislative Reference, the office of the Virginia Marine Resources Commission, and the office of the Maryland Department of Natural Resources.

(b) No regulation of the commission shall become effective until thirty (30) days after the date of its adoption, or such later date as may be fixed by the commission.

(c) Leasing, dredging or patent tonging shall be authorized by the commission only if such authorization is granted by joint action of the legislatures of Maryland and Virginia.

Section 3. Any person aggrieved by any regulation or order of the commission may at any time file a petition for declaratory judgment with respect to the validity or construction thereof, in the circuit court of any county in Maryland or Virginia contiguous to the waters within the commission’s jurisdiction. A review of the final judgment of the circuit court may be appealed to the court of highest appellate jurisdiction of the state in accordance with the rules or laws of procedure in such state.

Section 4. Regulations of the commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.

Section 5. At any time subsequent to the adoption of this compact the governor or legislature of either Maryland or Virginia may call for the appointment of a commission to make further study and recommendations concerning revision and amendments to this compact, at which time the governors of the respective states shall act forthwith in compliance with the request for the appointment of said commission.

Article V.

Enforcement of Laws and Regulations: Penalties

Section 1. The regulations and orders of the commission shall be enforced by the joint effort of the law enforcement agencies and officers of Maryland and Virginia.

Section 2. The violation of any regulation of the commission shall be a misdemeanor. Unless a lesser punishment is provided by the commission, such violation shall be punishable by a fine not to exceed three thousand dollars ($3,000) or confinement in a penal institution for not more than one (1) year, or both, in the discretion of the court, and any vessel, boat, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.

Section 3. The officer making an arrest or preferring a charge for violation of a regulation of the commission or an applicable state law respecting the waters within the commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either state, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.

Section 4. All fines imposed for violation of regulations of the commission or applicable state laws respecting the waters within the commission’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the commission, which may retain, use or dispose of as it deems best.

Article VI.

Commission Finances

Section 1. The commission shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the governors of Maryland and Virginia.

Section 2. The said governors shall place in the proposed budget of their respective states for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the commission for that year, except that none of the sum so appropriated shall be used for law enforcement purposes; and the general assembly of each of the two states agrees to appropriate annually not less than this sum to the commission.

Section 3. (a) The general fund shall consist of: (1) all income and revenue received from the issuance of licenses under this compact; (2) the proceeds of the disposition of property confiscated pursuant to the provisions of this compact; (3) the proceeds of the inspection tax upon oysters imposed pursuant to this compact; and (4) the funds appropriated to the commission by the two states.

(b) The general fund of the commission shall be kept in such bank or depository as the commission shall from time to time select. The general fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the commission may request.

Article VII.

Effect on Existing Laws and Prior Compact

Section 1. The rights, including the privilege of erecting and maintaining wharves and other improvements, of the citizens of each state along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.

Section 2. The laws of the State of Maryland relating to finfish, crabs, oysters, and clams in the Potomac River, as set forth in former Article 66C of the Annotated Code of Maryland and as in effect on December 1, 1958, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the commission adopted in accordance with this compact.

Section 3. The rights and privileges of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege shall be abrogated.

Article VIII.

Effect of Ratification

These articles shall be laid before the legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each state, never to be repealed or altered by either, without the consent of the other.

Article IX.

Effective Date

This compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of 60 days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect.

In testimony whereof, the commissioners, on the part of the State of Maryland and the Commonwealth of Virginia, evidence their agreement to the provisions of this compact by becoming parties signatory this, the twentieth day of December, in the year one thousand, nine hundred and fifty–eight, at Mount Vernon, in Virginia; and now witnesseth:

Commissioners on the Part of Maryland Commissioners on the Part of Virginia

(s) Carlyle Barton (s) Mills E. Godwin, Jr.

(s) William J. McWilliams (s) Howard H. Adams

(s) M. William Adelson (s) Edward E. Lane

(s) Stephen R. Collins (s) Robert Button

(s) Edward S. Delaplaine (s) John Warren Cooke
Md. Code, Housing and Community Development § 4-242 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-242
§4–242.
Status: in_force

In providing financial assistance to a homeowner that includes the purchase of the homeowner’s primary residence and payments on the homeowner’s student loan debt, the Administration shall give priority to selling residential property that is owned by the Administration.
Md. Code, Housing and Community Development § 4-703 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-703
§4–703.
Status: in_force

The purpose of the Grant Program and the Loan Program is to make grants and loans to owners of residential property or child care centers for financing lead hazard reduction activities, especially replacing windows containing lead-based paint on friction surfaces.
Md. Code, Health Occupations § 4-503 — MD Code / Article gho / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) A licensed dentist may not advertise:

(1) To guarantee any dental work;

(2) Making an undifferentiated claim to do dental work painlessly;

(3) To do dental work in a superior manner; or

(4) Falsely or in a manner that tends to deceive or mislead the public.

(b) (1) A licensed dentist may not:

(i) Use the designation “Dental Surgeon” on a sign that bears the name of the licensee; or

(ii) Include a specialty designation in a card, letterhead, sign, telephone directory listing, or other printed matter that bears the name of the licensee, unless:

1. The licensee is identified by the Board as a specialist in the designated field under § 4-504 of this subtitle; and

2. The language used to refer to the specialty is approved by the Board.

(2) A licensed dentist may use the designations “Dr.”, “dentist”, “D.D.S.”, or “D.M.D.” on a sign that bears the licensee’s name.

(c) A person who is not a licensed dentist may not solicit or advertise to the general public in any manner that the person alters, constructs, duplicates, repairs, or supplies a dental appliance.

(d) A licensed dentist may use a trade name in connection with the practice of dentistry provided that:

(1) The use of the trade name is not deceptive or misleading;

(2) The advertisement in which the trade name appears includes the name of the licensed dentist or the name of the business entity providing the dental services being advertised as long as the advertisement includes the name of a licensed dentist;

(3) The name of the licensed dentist providing dental services shall appear on the billing invoices, and on the receipts if any are given to patients; and

(4) Treatment records are maintained that clearly identify the licensed dentist who has performed the dental service for any patient.
Md. Code, Criminal Procedure § 4-205 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) Before trial, a court exercising criminal jurisdiction in a case involving a child may order the child to undergo blood lead level testing.

(b) A copy of the results of a test performed under subsection (a) of this section shall be provided to:

(1) the child;

(2) the child’s parent or guardian;

(3) the child’s counsel; and

(4) the State’s Attorney.
Md. Code, Financial Institutions § 4-909 — MD Code / Article gfi / Title 4 / Subtitle 9 / Section 4-909
§4–909.
Status: in_force

The Commissioner may evaluate the assets of a subsidiary savings bank by a method that the Federal Deposit Insurance Corporation or any other appropriate federal authority adopts for the evaluation of such assets.
Md. Code, Natural Resources § 4-1019.2 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1019.2
§4–1019.
Status: in_force

§4–1019.2.

(a) This section does not apply to:

(1) An individual who takes or uses oysters for personal use or consumption purposes; or

(2) Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.

(b) Except as provided in subsection (c) of this section, any licensed oyster dealer shall reserve for 8 months after the opening of each annual public shellfish fishery season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase by the Department for oyster restoration, unless the dealer plants or provides the shells for planting:

(1) In an area privately leased for aquaculture purposes;

(2) On riparian bottom as provided in § 4–11A–17 of this title for the propagation of oysters; or

(3) On public shellfish fishery areas designated by the Department.

(c) (1) The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase Program under this section.

(2) The Department shall notify every licensed oyster dealer not later than September 1 of each year whether the Oyster Shell Purchase Program will be carried out during the ensuing license year.

(3) If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster shell at any time to any person for any lawful purpose.

(4) The Department shall:

(i) Establish procedures for the expeditious notice, payment, and removal of shells purchased; and

(ii) Provide for the transportation, storage, and placement on public oyster bars in State waters.

(d) All existing contracts executed prior to July 1, 1988, concerning the purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers.

(e) Unless permission has been obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials.

(f) (1) In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission, the Department shall determine annually the fair market value that the Department pays for:

(i) Fresh oyster shells; and

(ii) Transportation and placement of fresh oyster shells.

(2) The Secretary shall adopt regulations to implement the requirement set forth in paragraph (1) of this subsection.

(g) The Department may use the Fisheries Research and Development Fund to purchase oyster shells.
Md. Code, Family Law § 4-504.1 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-504.1
§4–504.
Status: in_force

§4–504.1.

(a) A petition under this subtitle may be filed with a commissioner when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open for business.

(b) If a petition is filed with a commissioner and the commissioner finds that there are reasonable grounds to believe that the respondent has abused a person eligible for relief, the commissioner may issue an interim protective order to protect a person eligible for relief.

(c) An interim protective order may:

(1) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief;

(2) order the respondent to refrain from contacting, attempting to contact, or harassing a person eligible for relief;

(3) order the respondent to refrain from entering the residence of a person eligible for relief;

(4) if a person eligible for relief and the respondent are residing together at the time of the alleged abuse:

(i) order the respondent to vacate the home immediately;

(ii) award to a person eligible for relief custody of any child of the person eligible for relief and respondent then residing in the home; and

(iii) subject to the limits as to a nonspouse specified in § 4–505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to the person eligible for relief;

(5) in a case alleging abuse of a child, award temporary custody of a minor child of the respondent and a person eligible for relief;

(6) in a case alleging abuse of a vulnerable adult, subject to the limits as to a nonspouse specified in § 4–505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to an adult living in the home;

(7) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief;

(8) order the respondent to remain away from the residence of any family member of a person eligible for relief; or

(9) award temporary possession of any pet of the person eligible for relief or the respondent.

(d) If the commissioner awards temporary custody of a minor child under subsection (c)(4)(ii) or (5) of this section, the commissioner may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the interim protective order.

(e) (1) (i) An interim protective order shall state the date, time, and location for the temporary protective order hearing and a tentative date, time, and location for a final protective order hearing.

(ii) Except as provided in subsection (h) of this section, or unless the judge continues the hearing for good cause, a temporary protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim protective order.

(2) An interim protective order shall include in at least 10–point bold type:

(i) notice to the respondent that:

1. the respondent must give the court written notice of each change of address;

2. if the respondent fails to appear at the temporary protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first–class mail at the respondent’s last known address;

3. the date, time, and location of the final protective order hearing is tentative only, and subject to change; and

4. if the respondent does not attend the temporary protective order hearing, the respondent may call the Office of the Clerk of the District Court at the number provided in the order to find out the actual date, time, and location of any final protective order hearing;

(ii) a statement of all possible forms and duration of relief that a temporary protective order or final protective order may contain;

(iii) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary protective order that grants any or all of the relief requested in the petition or may deny the petition, whether or not the respondent is in court;

(iv) a warning to the respondent that violation of an interim protective order is a crime and that a law enforcement officer shall arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated any provision of the interim protective order; and

(v) the phone number of the Office of the District Court Clerk.

(f) Whenever a commissioner issues an interim protective order, the commissioner shall:

(1) immediately forward a copy of the petition and interim protective order to the appropriate law enforcement agency for service on the respondent; and

(2) before the hearing scheduled in the interim protective order, transfer the case file and the return of service, if any, to the Office of the District Court Clerk.

(g) A law enforcement officer shall:

(1) immediately on receipt of a petition and interim protective order, serve them on the respondent named in the order;

(2) immediately after service, make a return of service to the commissioner’s office or, if the Office of the District Court Clerk is open for business, to the Clerk; and

(3) within two hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service.

(h) (1) Except as otherwise provided in this subsection, an interim protective order shall be effective until the earlier of:

(i) the temporary protective order hearing under § 4–505 of this subtitle; or

(ii) the end of the second business day the Office of the Clerk of the District Court is open following the issuance of an interim protective order.

(2) If the court is closed on the day on which the interim protective order is due to expire, the interim protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary protective order hearing.

(i) A decision of a commissioner to grant or deny relief under this section is not binding on, and does not affect any power granted to or duty imposed on, a judge of a circuit court or the District Court under any law, including any power to grant or deny a petition for a temporary protective order or final protective order.
Md. Code, Natural Resources § 4-805 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-805
§4–805.
Status: in_force

An individual under the age of 16 years catching or attempting to catch crabs in the waters of the Chesapeake Bay and its tidal tributaries without a recreational crabbing license may use a collapsible trap, net ring, handline, or dip net, as described by the Department in regulations.
Md. Code, Environment § 4-203 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) The Department of the Environment shall implement the provisions of this subtitle and shall consult the Department of Natural Resources from time to time, including during the adoption of regulations, concerning the impact of stormwater on waters of the State.

(b) (1) The Department shall adopt rules and regulations which establish criteria and procedures for stormwater management in Maryland.

(2) The rules and regulations shall:

(i) Indicate that the primary goal of the State and local programs will be to maintain after development, as nearly as possible, the predevelopment runoff characteristics;

(ii) Make allowance for the difference in hydrologic characteristics and stormwater management needs of different parts of the State;

(iii) Specify that watershed–wide analyses may be necessary to prevent undesirable downstream effects of increased stormwater runoff;

(iv) Specify the exemptions a county or municipality may grant from the requirements of submitting a stormwater management plan;

(v) 1. Specify the minimum content of the local ordinances or the rules and regulations of the affected county governing body to be adopted which may be done by inclusion of a model ordinance or model rules and regulations; and

2. Establish regulations and a model ordinance that require:

A. The implementation of environmental site design to the maximum extent practicable;

B. The review and modification, if necessary, of planning and zoning or public works ordinances to remove impediments to environmental site design implementation; and

C. A developer to demonstrate that environmental site design has been implemented to the maximum extent practicable and standard best management practices have been used only where absolutely necessary;

(vi) Indicate that water quality practices may be required for any redevelopment, even when predevelopment runoff characteristics are maintained;

(vii) Specify the minimum requirements for inspection and maintenance of stormwater practices;

(viii) Specify that all stormwater management plans shall be designed to:

1. Prevent soil erosion from any development project;

2. Prevent, to the maximum extent practicable, an increase in nonpoint pollution;

3. Maintain the integrity of stream channels for their biological function, as well as for drainage;

4. Minimize pollutants in stormwater runoff from new development and redevelopment in order to:

A. Restore, enhance, and maintain the chemical, physical, and biological integrity of the waters of the State;

B. Protect public health;

C. Safeguard fish and aquatic life and scenic and ecological values; and

D. Enhance the domestic, municipal, recreational, industrial, and other uses of water as specified by the Department;

5. Protect public safety through the proper design and operation of stormwater management facilities;

6. Maintain 100% of average annual predevelopment groundwater recharge volume for the site;

7. Capture and treat stormwater runoff to remove pollutants and enhance water quality;

8. Implement a channel protection strategy to reduce downstream erosion in receiving streams; and

9. Implement quantity control strategies to prevent increases in the frequency and magnitude of out–of–bank flooding from large, less frequent storm events;

(ix) 1. Establish a comprehensive process for approving grading and sediment control plans and stormwater management plans; and

2. Specify that the comprehensive process established under item (i) of this item takes into account the cumulative impacts of both plans; and

(x) Incorporate the most recent precipitation data available.

(3) (i) The Department shall review and update the regulations adopted under this section at least once every 5 years.

(ii) In reviewing and updating the regulations adopted under this section, the Department shall:

1. At a minimum, revise water quality and water quantity control standards using the most recent precipitation data available; and

2. As necessary, update and revise the regulations to meet the requirements of this subtitle.

(4) (i) On or before November 1, 2021, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

1. The most recent precipitation data available;

2. The Department’s plans for immediately updating water quantity control standards for watersheds where flooding events occurred on or after January 1, 2000; and

3. The Department’s plans for updating all other regulations adopted under this section.

(ii) After November 1, 2021, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on any revisions the Department intends to make to the regulations adopted under this section before publishing the regulations.

(c) (1) At least 6 months before the proposal of regulations under this section, the Department shall:

(i) Post the regulatory process that the Department follows on the Department’s website; and

(ii) Consult with the following groups and stakeholders on the impact of the proposed regulations:

1. The Commission on Environmental Justice and Sustainable Communities; and

2. Stakeholders with expertise on stormwater design standards and climate science, including stakeholders from:

A. An academic institution;

B. The Chesapeake Bay Program;

C. The Chesapeake Bay Commission;

D. The Maryland Emergency Management Agency;

E. The Maryland Association of Soil Conservation Districts;

F. Local government;

G. A private sector entity with design and construction experience; and

H. An association that has expertise in stormwater restoration projects.

(2) Before any regulations required under this section are adopted, the Department shall hold at least one public hearing in the affected immediate geographic areas of the State and shall consult with the affected counties and municipalities.

(d) The Department may not delay the implementation of any new requirements or standards established under regulations adopted under this section.

(e) The Department shall provide technical assistance, training, research, and coordination in stormwater management technology to the local governments consistent with the purposes of this subtitle.
Md. Code, Family Law § 4-503.1 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-503.1
§4–503.
Status: in_force

§4–503.1.

(a) If an incident report is filed when a law enforcement officer responds to a request for help under § 4–502 of this Part I of this subtitle, the law enforcement unit shall provide a copy of the report to the victim on request.

(b) The victim need not obtain a subpoena to receive a copy of the incident report.
Md. Code, Agriculture § 4-109 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-109
§4–109.
Status: in_force

(a) The provisions of this subtitle requiring inspection of the slaughter of livestock and the preparation of the carcass, part of it, meat, or meat food product at any establishment conducting these operations do not apply to the following:

(1) Slaughter by any person of livestock he raises, preparation by him and transportation in intrastate commerce of any carcass, part of it, or meat or meat food product of livestock, if used exclusively by the owner, his household, or any nonpaying guest or employee;

(2) Custom slaughter or custom processing by any person of cattle, sheep, swine, or goats delivered by the owner for slaughter or custom processing if used exclusively by the owner, his household, nonpaying guests, or employees, and the meat food product of livestock is plainly marked “not for sale”;

(3) Any operation traditionally and usually conducted at a retail store and restaurant when conducted at the retail store, restaurant, or retail-type establishment for sale in normal retail quantities or for service of the articles to consumers at the establishment;

(4) Any individual or service or charitable organization that kills, dresses, and sells fresh beef, pork, or lamb within 24 hours on his or its property if a veterinary antemortem and postmortem inspection certificate is issued for each animal slaughtered; and

(5) Slaughter by any person of livestock or preparation of any livestock carcass, part of it, meat, or meat food product that is not intended for use as human food if any article not naturally inedible by humans is denatured or otherwise identified to deter its use as human food pursuant to the departmental rules and regulations.

(b) The slaughter of animals and preparation of articles referred to in paragraph (a)(2) of this section, shall be conducted under sanitary conditions the Secretary adopts by rule or regulation.

(c) The adulteration and misbranding provisions of this subtitle, other than the requirement of the inspection legend, apply to any article which is not required to be inspected under this section.
Md. Code, Natural Resources § 4-504 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

A person may not whip or beat any waters of the State with a pole, stick, or any other thing in order to drive fish into any device for catching fish. In Kent County and Queen Anne’s County, this section applies only to waters of the Sassafras River and its tributaries.
Md. Code, Corporations and Associations § 4A-904 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-904
§4A–904.
Status: in_force

(a) Unless otherwise agreed, the remaining members of a limited liability company or, if the company has no remaining members, the personal representative, guardian, or other successor to the last remaining member of the company may wind up the affairs of the limited liability company.

(b) Notwithstanding the provisions of subsection (a) of this section, the circuit court of the county in which the principal office of the limited liability company is located, on cause shown after dissolution, may wind up the limited liability company’s affairs on application of any member or, if the limited liability company has no remaining members, on application of the personal representative, guardian, or other successor to the last remaining member of the limited liability company.
Md. Code, General Provisions § 4-346 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-346
§4–346.
Status: in_force

(a) Subject to subsection (b) of this section, a custodian may deny inspection of a public record that contains the specific details of a research project that an institution of the State or of a political subdivision is conducting.

(b) A custodian may not deny inspection of the part of a public record that gives only the name, title, and expenditures of a research project described in subsection (a) of this section and the date when the final project summary of the research project will be available.
Md. Code, Insurance § 4-206 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) An unauthorized foreign insurer or unauthorized alien insurer is deemed to have appointed the Commissioner to be the attorney of the unauthorized insurer for purposes of service of process in a proceeding instituted by or for an insured or beneficiary arising out of an insurance contract and to have agreed that service on the Commissioner has the same legal effect as personal service in the State on the unauthorized insurer, if the unauthorized insurer in the State, by mail or otherwise:

(1) issues or delivers insurance contracts to residents of the State or corporations authorized to do business in the State;

(2) solicits applications for insurance contracts;

(3) collects premiums, membership fees, assessments, or other considerations for insurance contracts; or

(4) transacts any other insurance business.

(b) (1) Service of process on the Commissioner under this subsection shall be made by:

(i) delivering to the Commissioner or an individual in apparent charge of the office of the Commissioner two copies of the process; and

(ii) paying to the Commissioner a service of process fee of $15.

(2) Immediately after receipt of process, the Commissioner shall send one copy of the process by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the unauthorized insurer at its last known principal place of business.

(3) Service of process under this subsection is sufficient if:

(i) within 10 days after delivering copies of the process to the Commissioner under paragraph (1) of this subsection, the plaintiff or plaintiff's attorney sends notice of the service and a copy of the process by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the unauthorized insurer at its last known principal place of business; and

(ii) on or before the date that the unauthorized insurer is required to appear or within any further time that the court allows, the plaintiff or plaintiff's attorney files with the clerk of the court in which the action is pending:

1. the unauthorized insurer's receipt, or the receipt issued by the United States Postal Service, showing the name of the sender of the letter and the name and address of the addressee; and

2. an affidavit of the plaintiff or plaintiff's attorney showing compliance with paragraph (1) of this subsection.

(4) (i) The service of process fee shall be taxed in the costs of the proceeding.

(ii) A court may award reimbursement of the service of process fee to a prevailing plaintiff in any proceeding against an unauthorized insurer.

(iii) The Commissioner:

1. shall account quarterly to the Comptroller for fees collected under this subsection; and

2. after deducting expenses for mailing the process under paragraph (2) of this subsection, shall pay the fees on accounting to the State Treasurer, for the use of the State.

(5) The Commissioner shall keep a record of all process served on the Commissioner under this subsection.

(c) As an alternative to service of process under subsection (b) of this section, service of process is valid if:

(1) service of process is made on any person in the State that, on behalf of an unauthorized foreign insurer or unauthorized alien insurer, is doing an act of insurance business listed in § 4-205(c) of this subtitle;

(2) within 10 days after service of process under item (1) of this subsection, the plaintiff or plaintiff's attorney sends a copy of the process by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the unauthorized insurer at its last known principal place of business; and

(3) on or before the date that the unauthorized insurer is required to appear or within any further time that the court allows, the plaintiff or plaintiff's attorney files with the clerk of the court in which the action is pending:

(i) the unauthorized insurer's receipt, or the receipt issued by the United States Postal Service, showing the name of the sender of the letter and the name and address of the addressee; and

(ii) an affidavit of the plaintiff or plaintiff's attorney showing compliance with item (1) of this subsection.

(d) A judgment by default may not be entered until the expiration of 45 days after the date of filing of the affidavit of compliance.

(e) This subtitle does not limit the right to serve any process, notice, or demand on an insurer or another person in any other manner authorized by law.
Md. Code, Family Law § 4-509 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-509
§4–509.
Status: in_force

(a) A person may not fail to comply with the relief granted in an interim protective order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective order under § 4–505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle.

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject, for each offense, to:

(1) for a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

(2) for a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

(c) Notwithstanding any other law, a conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.

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

(e) For the purpose of second or subsequent offender penalties provided under subsection (b)(2) of this section, a prior conviction under § 3–1508 of the Courts Article shall be considered a conviction under this section.

(f) (1) An officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final protective order in effect at the time of the violation.

(2) If an officer has probable cause to believe that an individual described in paragraph (1) of this subsection is a service member in violation of a military protection order entered into the Federal Bureau of Investigation’s National Crime Information Center database, the officer shall notify the law enforcement agency that entered the military protection order into the database that the service member may have violated the military protection order.
Md. Code, State Government § 4-105 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-105
§4–105.
Status: in_force

(a) If the Comptroller temporarily is unable or unavailable to carry out the duties of office, an acting comptroller shall have the powers and duties of the office, as provided in this section.

(b) The Chief Deputy Comptroller shall be the acting comptroller under this section, unless the members of the Board of Public Works, other than the Comptroller, appoint another individual as acting comptroller and give the Chief Deputy Comptroller written notice of the appointment.

(c) If the Comptroller gives the Board of Public Works and the Chief Deputy Comptroller written notice of a temporary inability or unavailability, the acting comptroller shall serve:

(1) on and after the date that the Comptroller sets in the notice; and

(2) until the Comptroller gives the Board of Public Works and the acting comptroller written notice that the Comptroller is able to carry out the duties.

(d) If the Comptroller has not given notice, but the other members of the Board of Public Works make a formal, written determination of a temporary inability or unavailability of the Comptroller, the acting comptroller shall serve:

(1) on and after the date of the determination; and

(2) until the members determine and give the Comptroller and the acting comptroller written notice that the Comptroller is able to carry out the duties.

(e) The Supreme Court of Maryland has exclusive original jurisdiction, on petition of the Governor, the Comptroller, the Treasurer, or the acting comptroller, to determine any issue that arises under this section and to pass any appropriate order.
Md. Code, Housing and Community Development § 4-2801 — MD Code / Article ghs / Title 4 / Subtitle 28 / Section 4-2801
§4–2801.
Status: in_force

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

(b) “Affordable” means that monthly housing costs are affordable to a family of limited income as determined under § 4–212 of this title.

(c) “Appraisal gap” means the amount by which the total cost of eligible construction expenses exceeds the contract sales price of a qualified property when it is initially sold to an owner–occupant.

(d) (1) “Eligible construction expenses” means any amount that is expended on the construction or substantial rehabilitation of a qualified property.

(2) “Eligible construction expenses” includes any amount expended on:

(i) acquisition costs;

(ii) roof repair and replacement;

(iii) chimney repair and lining;

(iv) internal and external doors;

(v) windows;

(vi) masonry;

(vii) floor joists;

(viii) finished flooring;

(ix) framing;

(x) structural repairs;

(xi) foundation repairs;

(xii) plumbing, electrical, and mechanical systems;

(xiii) architectural and engineering consulting fees;

(xiv) tools and equipment rental;

(xv) new construction;

(xvi) infrastructure; and

(xvii) other expenses as determined by the Secretary.

(e) “Financial assistance” includes:

(1) a grant;

(2) a loan;

(3) a reduction in the principal obligation of or rate of interest payable on a loan or portion of a loan;

(4) a prepayment of interest on a subordinate or superior loan or portion of a loan;

(5) an assurance;

(6) a guarantee; and

(7) any other form of credit enhancement.

(f) “Fund” means the Appraisal Gap From Historic Redlining Financial Assistance Fund established under this subtitle.

(g) “Qualified project” means the construction or substantial rehabilitation of a qualified property if the eligible construction expenses do not exceed $500,000.

(h) “Qualified property” means residential real property that is:

(1) newly constructed or a formerly vacant structure that has been substantially rehabilitated;

(2) located in:

(i) a low–income census tract as defined by the U.S. Department of Housing and Urban Development; and

(ii) an area designated as a sustainable community; and

(3) constructed or rehabilitated with the purpose of being sold to an owner–occupant at an affordable sales price.

(i) “Sustainable community” means an area designated as a sustainable community under § 6–205 of this article.
Md. Code, Public Utilities § 4-302 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) (1) In this subsection, “operating ratio” means the relationship of common carrier expenses to common carrier operating revenues.

(2) In considering proper revenue under subsection (b)(3) of this section, the Commission shall determine a fair and equitable operating ratio.

(b) In setting a just and reasonable rate for common carriers, and classifications, regulations, and practices relating to common carriers, the Commission shall consider, among other factors:

(1) the inherent advantages of transportation by common carriers;

(2) the need, in the public interest, of adequate and efficient transportation services by common carriers at the lowest cost consistent with furnishing these services; and

(3) the need of revenues sufficient to enable common carriers to provide these services under honest, economical, and efficient management.
Md. Code, General Provisions § 4-310 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

A custodian shall deny inspection of a letter of reference.
Md. Code, General Provisions § 4-350 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-350
§4–350.
Status: in_force

(a) A custodian may deny inspection of a public record that contains information concerning the site–specific location of an endangered or threatened species of plant or animal, a species of plant or animal in need of conservation, a cave, or a historic property as defined in § 5A–301 of the State Finance and Procurement Article.

(b) A custodian may not deny inspection of a public record described in subsection (a) of this section if requested by:

(1) the owner of the land on which the resource is located; or

(2) any entity that is authorized to take the land through the right of eminent domain.
Md. Code, Natural Resources § 4-1038 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1038
§4–1038.
Status: in_force

(a) Except as provided in § 4–1039 of this subtitle, a person may not catch soft–shell clams by hydraulic clam dredge in the following waters:

(1) Anne Arundel County. –– (i) Within 500 feet of any sea nettle net;

(ii) Within 800 feet of any public bathing beach between Saunders and Dutchman’s Point, if the beach is marked as required by rule or regulation and the public uses the beach for bathing;

(iii) In Marley Creek; Stoney Creek; Bodkin Creek; Magothy River above a line drawn from Mountain Point to Persimmon Point; Little Magothy River; Whitehall Bay between the shore and a line drawn from Hackett’s Point to Possum Point; Mill Creek; Severn River between the shore and a line drawn from Greenbury Point to the east side of the entrance to Lake Ogleton; South River between the shore and a line drawn between Turkey Point and east side of Duvall Creek, and extending 1,500 feet in front of Sandy Point State Park and Fort Smallwood State Park; West River south and west of a line running from Cheston Point to Curtis Point; or

(iv) Anywhere in Anne Arundel County north of the Chesapeake Bay Bridge within 800 feet of the shoreline, or south of the Chesapeake Bay Bridge and north of Thomas Point within 300 feet of the shoreline from September 16 to April 15 and within 800 feet of the shoreline from April 16 to September 15; south of Thomas Point within 300 feet of the shoreline, except that between Turkey Point and Ramsey Lake clamming is prohibited within 800 feet of the shoreline. This subsection does not prohibit the catching of clams by hydraulic clam dredge in West River or Rhode River.

(2) Queen Anne’s County. –– In the waters of Eastern Bay and its tributaries; Shipping Creek; Cox’s Creek; Crab Alley Creek; Wye River south of a line from the southernmost tip of Ferry Point to the northernmost tip of Drum Point; Wye East River west of a line from the southernmost tip of Wye Island to northernmost tip of Bruff’s Island; Kent Narrows south of a line drawn from the northernmost tip of Ferry Point to the northernmost tip of Long Point.

(3) Somerset County. –– In the Wicomico River or Monie Bay east of a line from the easternmost entrance of Rock Creek to the southeast extremity of Mollie’s Point.

(4) Talbot County. –– (i) In the Tred Avon River and in Town Creek in front of Oxford, between the shoreline and the center of the channel, except during October and November;

(ii) Within 1,200 feet of the Federal Research Laboratory at Oxford.

(b) A person may not catch by hydraulic or mechanical clam dredge soft–shell clams from the waters of Charles or Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
Md. Code, Housing and Community Development § 4-1709 — MD Code / Article ghs / Title 4 / Subtitle 17 / Section 4-1709
§4–1709.
Status: in_force

The Department may award a technical assistance grant to a political subdivision, public entity, or nonprofit organization to provide owner–builders and self–help rehabilitators with information and technical assistance about any topic that the Department finds will further the purpose of the Program, including:

(1) cost savings by owner–builders in constructing a principal residence and by self–help rehabilitators in rehabilitating, renovating, or improving a principal residence;

(2) construction materials and methods;

(3) local material sources;

(4) local technical resources;

(5) financing requirements and opportunities;

(6) site acquisition;

(7) insurance and legal requirements;

(8) building and housing codes and standards; and

(9) other available housing alternatives.
Md. Code, State Personnel and Pensions § 4-201 — MD Code / Article gsp / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) This section does not apply to those units of State government with an independent personnel system.

(b) In the State Personnel Management System the Secretary shall:

(1) establish classes;

(2) assign a rate of pay to each class;

(3) ensure that each class comprises one or more positions:

(i) that are similar in their duties and responsibilities;

(ii) that are similar in the general qualifications required to perform those duties and responsibilities;

(iii) to which the same standards and, if required, tests of fitness can be applied; and

(iv) to which the same rates of pay can be applied;

(4) give each class a descriptive classification title;

(5) prepare a description of each class; and

(6) (i) create additional classes; and

(ii) abolish, combine, or modify existing classes.

(c) The Secretary shall:

(1) assign a class to the skilled service, professional service, management service, or executive service, as appropriate; and

(2) designate special appointment positions in the State Personnel Management System that:

(i) must be filled without regard to political affiliation, belief, or opinion; or

(ii) in accordance with § 6–405(b) of this article, may be filled with regard to political affiliation, belief, or opinion.
Md. Code, Housing and Community Development § 4-232.1 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-232.1
§4–232.
Status: in_force

§4–232.1.

(a) Each issuance by a municipal corporation of a local obligation under § 4–230 of this subtitle may be secured by a pledge from the county in which the municipal corporation is located.

(b) To secure a local obligation under § 4–230 of this subtitle, a county may pledge on behalf of a municipal corporation located in the county:

(1) the faith and credit of the county; or

(2) specific revenue of the county.

(c) (1) A pledge by a county under this section shall be authorized by an ordinance or a resolution of the county.

(2) Each ordinance or resolution enacted under this section shall:

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

(ii) be approved by the chief executive officer, if any, of the county; and

(iii) have the force of law.

(d) (1) Subject to paragraph (2) of this subsection, if a local obligation is secured under this section by a pledge of the faith and credit of a county to make prompt payment from the tax and other revenues described in the enabling resolution or ordinance:

(i) the pledge is a covenant to levy taxes sufficient to pay the principal of and interest on the local obligation when due:

1. on all real and tangible personal property that is within the corporate limits of the county and subject to assessment for unlimited ad valorem taxation; and

2. in each year in which the local obligation is outstanding; and

(ii) if at the time of issuance of a local obligation there is a charter or statutory limit on the power of the county to levy property taxes, the pledge is a covenant to levy ad valorem taxes, within that limit, sufficient to pay the principal of and interest on the local obligation:

1. on all real and tangible personal property that is within the corporate limits of the county and subject to assessment for ad valorem taxation; and

2. in each year in which the local obligation is outstanding.

(2) (i) A county may not make a pledge under this section if the pledge would cause the county to exceed any limit set, by the charter of the county or by statute, on the power of the county to make the pledge.

(ii) Notwithstanding subparagraph (i) of this paragraph, a limit on the power of a county to make a pledge that is imposed after the issuance of a local obligation that is secured by a pledge under this section does not affect that local obligation.

(e) If a local obligation is secured under this section by a pledge of specific revenue of a county, the specific revenue of the county may include:

(1) payments to the issuer from the State or federal government;

(2) special benefit assessments, taxes, fees, or service charges that the county has authority to impose, levy, or charge; and

(3) revenue of the county expected to be generated by the infrastructure project to be financed.
Md. Code, Natural Resources § 4-2A-03 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-03
§4–2A–03.
Status: in_force

(a) The Secretary shall conduct investigations of the fish resources of the State in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed rules and regulations not later than July 1, 1976, and develop conservation programs designed to insure the continued ability of fish deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of the fish resources of the State and may amend these rules and regulations.

(b) The Secretary, by rules and regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve fish.

(c) Except as provided in rules and regulations adopted by the Secretary, no person may take, possess, transport, export, process, sell, offer for sale, or ship any fish deemed by the Department to be in need of conservation pursuant to this section, nor may any common or contract carrier knowingly transport or receive for shipment any fish deemed by the Secretary to be in need of conservation pursuant to this section.
Md. Code, Housing and Community Development § 4-906 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-906
§4–906.
Status: in_force

(a) (1) The Department shall operate the Program and make Program loans.

(2) As much as possible, the Program shall be administered:

(i) in conjunction with federal programs assisting rehabilitation of housing, to ensure maximum use of available federal money; and

(ii) consistently with locally approved plans or programs of concentrated neighborhood revitalization.

(b) (1) Except for Program loans made under a special loan program, the Regular Rehabilitation Program consists of Program loans to rehabilitate residential buildings providing four or fewer dwellings.

(2) The Special Rehabilitation Program consists of Program loans made under a special loan program.
Md. Code, Natural Resources § 4-402 — MD Code / Article gnr / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

The title to any area of water or land acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of water or land shall be under the State’s direction. The Secretary may expend from the State Fisheries Management and Protection Fund any amount necessary to purchase or condemn an area of water or land.
Md. Code, Public Safety § 4-701 — MD Code / Article gps / Title 4 / Subtitle 7 / Section 4-701
§4–701.
Status: in_force

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

(b) “Community program” means:

(1) a program that is established and sponsored by a local law enforcement agency to:

(i) provide recreational or athletic opportunities for members of the community;

(ii) improve relations between citizens and law enforcement; or

(iii) otherwise benefit or improve the community; or

(2) a violence intervention program established and supported by a local law enforcement agency or another agency of a local government.

(c) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Fund” means the Community Program Fund.

(e) “Local law enforcement agency” means the police department of a county or municipal corporation in the State.
Md. Code, Housing and Community Development § 4-1810 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1810
§4–1810.
Status: in_force

(a) The Secretary shall establish annually the maximum amount of Program funds that a qualifying local government may use to develop a workforce housing unit.

(b) The per unit maximum established by the Secretary shall take into account the regional average construction costs applicable to the qualifying local government for a comparable workforce housing unit.
Md. Code, Estates and Trusts § 4-509 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-509
§4–509.
Status: in_force

(a) An anatomical gift may be made to the following persons named in a document of gift:

(1) A hospital, an accredited medical school, a dental school, a college or university, an organ procurement organization, the State Anatomy Board, or a nontransplant tissue bank for research, training, or education;

(2) Subject to subsection (b) of this section, if the individual is the recipient of the part, an individual designated by the person making the anatomical gift; or

(3) An eye bank or a transplant tissue bank.

(b) If an anatomical gift to an individual under subsection (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following provisions apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank;

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank;

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; or

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used:

(1) For transplantation or therapy, if suitable; or

(2) If the gift cannot be used for transplantation or therapy, for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift passes in accordance with subsection (g) of this section.

(f) (1) Except as provided in paragraph (2) of this subsection, if a document of gift specifies only a general intent to make an anatomical gift by words such as “donor”, “organ donor”, or “body donor”, or by a symbol or statement of similar import, the gift passes in accordance with subsection (g) of this section and may be used for transplantation, research, education, or therapy.

(2) If a donor registered a document of gift described under paragraph (1) of this subsection before July 1, 2022, the gift may only be used for transplantation or therapy.

(g) For purposes of subsections (b), (e), and (f) of this section, the following provisions apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank;

(2) If the part is tissue, the gift passes to the appropriate tissue bank; and

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) Other than an anatomical gift under subsection (a)(2) of this section, an anatomical gift of an organ for transplantation or therapy, research, or education passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass in accordance with subsections (a) through (h) of this section, or the decedent’s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) (1) A person may not accept an anatomical gift if the person knows that:

(i) The gift was not effectively made under § 4–503 or § 4–508 of this subtitle; or

(ii) The decedent made a refusal under § 4–505 of this subtitle that was not revoked.

(2) For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subsection (a)(2) of this section, nothing in this subtitle affects the allocation of organs for transplantation or therapy.
Md. Code, Alcoholic Beverages and Cannabis § 4-410 — MD Code / Article gab / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

Notwithstanding § 4–205 of this title, a chain store, supermarket, or discount house that holds a Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license may renew the license.
Md. Code, Corporations and Associations § 4A-12A-18 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-18
§4A–12A–18.
Status: in_force

§4A–12A–18. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

If a member dies, the deceased member’s personal representative may exercise, for the purpose of settling the estate, the rights the deceased member was entitled to under § 4A–406 of this title.
Md. Code, State Personnel and Pensions § 4-107 — MD Code / Article gsp / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

For efficiency and economy in State government, the Secretary shall:

(1) conduct reviews of positions in the State Personnel Management System; and

(2) recommend to the appointing authority a plan of reorganization, reassignment, or elimination of the positions reviewed.
Md. Code, Public Safety § 4-508 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

The State Treasurer shall make the payments required under this subtitle to each county and qualifying municipality:

(1) on warrants of the Comptroller;

(2) at the end of each quarter of each fiscal year; and

(3) in approximately equal amounts for each quarter to the appropriate county or qualifying municipality.
Md. Code, Health Occupations § 4-403 — MD Code / Article gho / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) The work authorization required by § 4-402 of this subtitle for dental laboratory work shall:

(1) Be on the form that the Board requires;

(2) Be signed by a licensed dentist who requests the work; and

(3) Contain the information required by this section.

(b) The work authorization shall be prepared in duplicate and contain:

(1) The name and address of the dental laboratory to do the work;

(2) Identification of the patient by name or number;

(3) The date on which the work authorization form was completed;

(4) A description of the work to be done, including diagrams if necessary;

(5) A specification of the type of dental materials to be used; and

(6) The name and license number of the dentist who requests the work.

(c) A dental laboratory named in a work authorization may subcontract dental laboratory work, if that dental laboratory:

(1) Completes in duplicate the subcontracted work authorization form that the Board requires; and

(2) Complies with the record keeping requirements of § 4-404 of this subtitle.

(d) The Board shall publish:

(1) An approved standard work authorization form; and

(2) An approved standard subcontracted work authorization form that is of a color different from the standard work authorization form.

(e) A dental laboratory in this State may do dental laboratory work on the request of a dentist licensed and practicing in any other state or a foreign country if the request:

(1) Is on the form that the Board requires or a reasonably equivalent form; and

(2) Otherwise meets the requirements of this subtitle.
Md. Code, Housing and Community Development § 4-2501 — MD Code / Article ghs / Title 4 / Subtitle 25 / Section 4-2501
§4–2501.
Status: in_force

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

(b) “Opportunity zone” means an area that has been designated as a qualified opportunity zone in the State under § 1400Z–1 of the Internal Revenue Code.

(c) “Qualified workforce housing project” means a workforce housing project in an opportunity zone that meets requirements for eligibility for the State tax credit as specified in regulations that the Secretary adopts under § 4–2502 of this subtitle.

(d) “State tax credit” means the income tax credit allowed under § 10–749 of the Tax – General Article.

(e) “Workforce housing” has the meaning stated in § 4–1801 of this title.
Md. Code, Natural Resources § 4-11A-09 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-09
§4–11A–09.
Status: in_force

(a) A person who wishes to obtain an aquaculture, water column, or submerged land lease shall pay a nonrefundable application fee established by the Department, in consultation with the Aquaculture Coordinating Council, and complete and submit an application to the Department.

(b) An application for an aquaculture lease, water column lease, or submerged land lease shall include:

(1) A declaration that the applicant intends to actively use the leased area for commercial purposes; and

(2) A proposed plan for active use of the lease that shall include:

(i) The lessee’s source and quantity of shellfish seed;

(ii) The methods and means the applicant will use to grow shellfish;

(iii) The quantity of shellfish that the lessee expects to plant and harvest, and the time for planting and harvesting, during the initial 3 years of the lease; and

(iv) A description of the labor, materials, and equipment to be used by the lessee.

(c) The requirements for active use of a lease shall include:

(1) Annually planting at least one–fourth of the leased area at a minimum density of 1,000,000 shellfish seed per acre; or

(2) Complying with any other requirements established by the Department.

(d) (1) The term of a lease is 20 years.

(2) Except for a demonstration lease under § 4–11A–11 of this subtitle, a lease may be of any size provided that the leaseholder actively uses the area.

(3) The Department shall establish, in consultation with the Aquaculture Coordinating Council, an annual amount of rent and an aquaculture development surcharge for an aquaculture, water column, or submerged land lease.

(4) The Department, as it considers necessary to protect the public health, safety, and welfare, may:

(i) Deny a lease application for reasonable cause; or

(ii) Include any conditions in a lease.

(e) If an application for an aquaculture lease meets the requirements of this subtitle, the Department shall survey the leased area and issue a lease to the applicant.

(f) If an application for a submerged land lease in an area preapproved for leasing in the Atlantic Coastal Bays meets the requirements of this subtitle, the Department shall survey the leased area and issue a submerged land lease to the applicant.

(g) (1) If an application for a submerged land or water column lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle:

(i) The applicant for the lease shall mark the center of the proposed area with a stake; and

(ii) The Department shall:

1. Survey the corners of the proposed lease area;

2. Advertise the application on the website of the Department and once a week for 2 weeks in a newspaper published in the county or counties where the proposed lease is to be located;

3. Notify the owners of property directly in front of the proposed activity;

4. Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and

5. Notify other interested parties that the Department considers appropriate.

(2) (i) Any person may submit a written request for a public informational meeting on the issuance of a lease within 30 days after publication of the last advertisement under paragraph (1) of this subsection.

(ii) The request for a public informational meeting submitted to the Department under subparagraph (i) of this paragraph must contain the name, mailing address, and e–mail address of the requestor.

(iii) The Department shall hold a public informational meeting on the issuance of a lease on the request of any person.

(3) (i) Any person who has a specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease may file a written petition with the Department protesting the issuance of the lease:

1. Within 30 days after publication of the last advertisement under paragraph (1) of this subsection; or

2. Within 7 days after a public informational meeting held in accordance with paragraph (2) of this subsection.

(ii) A protest filed with the Department under subparagraph (i) of this paragraph must contain:

1. The name, mailing address, and e–mail address of the protestant;

2. A statement indicating that the protestant intends to protest the lease and the reasons for the protest; and

3. A statement describing the protestant’s specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease.

(iii) The Department may require mediation between the protestant, the applicant, and the Department before transmitting the protest to the Office of Administrative Hearings.

(iv) The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.

(v) Immediately after termination of the period specified in subparagraph (i) of this paragraph for filing a petition or after a final decision dismissing a protest, the Department shall issue a lease to the applicant.

(h) The Department, in consultation with the Aquaculture Coordinating Council, may charge an applicant reasonable advertising and survey fees.
Md. Code, Corporations and Associations § 4A-1201 — MD Code / Article gca / Title 4A / Subtitle 12 / Section 4A-1201
§4A–1201.
Status: in_force

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

(b) “Benefit limited liability company” means a Maryland limited liability company that elects to be a benefit limited liability company in accordance with § 4A–1203 of this subtitle and has not ceased to be a benefit limited liability company through the operation of § 4A–1205 of this subtitle.

(c) “General public benefit” means a material, positive impact on society and the environment, as measured by a third–party standard, through activities that promote a combination of specific public benefits.

(d) “Specific public benefit” includes:

(1) Providing individuals or communities with beneficial products or services;

(2) Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

(3) Preserving the environment;

(4) Improving human health;

(5) Promoting the arts, sciences, or advancement of knowledge;

(6) Increasing the flow of capital to entities with a public benefit purpose; or

(7) The accomplishment of any other particular benefit for society or the environment.

(e) “Third–party standard” means a standard for defining, reporting, and assessing best practices in social and environmental performance that:

(1) Is developed by a person or entity that is independent of the benefit limited liability company; and

(2) Is transparent because the following information about the standard is publicly available or accessible:

(i) The factors considered when measuring the performance of a business;

(ii) The relative weightings of those factors; and

(iii) The identity of the persons who developed and control changes to the standard and the process by which those changes were made.
Md. Code, Alcoholic Beverages and Cannabis § 4-803 — MD Code / Article gab / Title 4 / Subtitle 8 / Section 4-803
§4–803.
Status: in_force

(a) On application to the local licensing board and payment of a fee of $1 by the personal representative or special administrator of the estate of a deceased license holder to the local collecting agent, the local licensing board may grant a certificate of permission for the continuation of the business in the name of the personal representative or special administrator for the benefit of the estate of the deceased license holder.

(b) (1) The certificate of permission may be granted for a period not exceeding 18 months after the date of the granted permission unless the license expires earlier.

(2) If the license expires earlier than 18 months after the date of the granted permission, the local licensing board may issue a renewal license on application by the personal representative or special administrator for a period not exceeding 18 months after the death of the license holder.
Md. Code, Corporations and Associations § 4A-1303 — MD Code / Article gca / Title 4A / Subtitle 13 / Section 4A-1303
§4A–1303.
Status: in_force

This title shall be known and may be cited as the “Maryland Limited Liability Company Act”.
Md. Code, Environment § 4-408 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-408
§4–408.
Status: in_force

The Department of the Environment shall charge and collect a compensatory fee from the person responsible for any oil spillage. This fee shall cover the costs incurred by any person who responds to an oil spillage with the authorization of the Department and shall cover the cost of labor, equipment operation, and material necessary to eliminate the residue of oil spillage, and the cost of restoring the area damaged by the spillage to its original condition. Any compensatory fees collected by the Department for costs incurred by a person authorized to respond to an oil spillage shall be reimbursed to that person by the Department.
Md. Code, Insurance § 4-312 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

(a) On written request of the Commissioner, a foreign insurer shall:

(1) submit to the Commissioner an RBC report as of the end of the immediately preceding calendar year on the later of:

(i) the date an RBC report would be required to be filed by a domestic insurer under this subtitle; or

(ii) 15 days after the request is received by the foreign insurer; and

(2) promptly submit to the Commissioner a copy of any RBC plan or revised RBC plan that the insurer has filed with the insurance commissioner of any other state.

(b) (1) The Commissioner may require a foreign insurer to file an RBC plan with the Commissioner in the event of a company action level event, regulatory action level event, or authorized control level event with respect to the foreign insurer:

(i) under the risk based capital statute of the foreign insurer’s state of domicile if the insurance commissioner of that state fails to require the foreign insurer to file an RBC plan in accordance with that state’s risk based capital statute; or

(ii) under this subtitle if there is no risk based capital statute in force in the foreign insurer’s state of domicile.

(2) If the foreign insurer fails to file an RBC plan with the Commissioner under this subsection, the Commissioner may order the foreign insurer to cease and desist from writing new insurance business in this State.

(c) If a mandatory control level event occurs with respect to a foreign insurer and a domiciliary receiver has not been appointed with respect to that foreign insurer under the rehabilitation and liquidation statute applicable in the foreign insurer’s state of domicile, the Commissioner may file an action in the Circuit Court of Baltimore City under Title 9 of this article to seek the liquidation of any property of the foreign insurer found in the State.
Md. Code, Insurance § 4-301 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Adjusted RBC report” means an RBC report that has been adjusted by the Commissioner in accordance with § 4–303(b) of this subtitle.

(c) “Corrective order” means an order issued by the Commissioner that specifies corrective actions that the Commissioner has determined are required.

(d) (1) “Domestic insurer” means an insurer:

(i) as defined in subsection (h) of this section; and

(ii) that is formed under the laws of this State.

(2) “Domestic insurer” does not include the Maryland Automobile Insurance Fund.

(e) “Filing date” means March 1 of any given year.

(f) “Foreign insurer” means an insurer:

(1) as defined in subsection (h) of this section; and

(2) that is formed under the laws of a jurisdiction other than this State.

(f–1) “Fraternal benefit society” means a person authorized to transact insurance business in the State under Title 8, Subtitle 4 of this article.

(g) (1) “Health insurer” means an insurer that:

(i) is authorized to write health insurance in the State; and

(ii) receives the majority of its premium from the sale of health insurance.

(2) “Health insurer” includes:

(i) a health maintenance organization operating under a certificate of authority issued by the Commissioner under Title 19, Subtitle 7 of the Health – General Article;

(ii) a nonprofit health service plan operating under Title 14, Subtitle 1 of this article;

(iii) a dental plan operating under Title 14, Subtitle 4 of this article; and

(iv) a provider–sponsored organization operating under Title 19, Subtitle 7A of the Health – General Article.

(3) “Health insurer” does not include a managed care organization operating under Title 15, Subtitle 1 of the Health – General Article.

(h) (1) “Insurer” means an insurer or other entity authorized to engage in the insurance business in the State under a certificate of authority issued by the Commissioner.

(2) “Insurer” includes:

(i) a health maintenance organization operating under a certificate of authority issued by the Commissioner under Title 19, Subtitle 7 of the Health – General Article;

(ii) a nonprofit health service plan operating under Title 14, Subtitle 1 of this article;

(iii) a dental plan operating under Title 14, Subtitle 4 of this article; and

(iv) a provider–sponsored organization operating under Title 19, Subtitle 7A of the Health – General Article.

(3) “Insurer” does not include:

(i) monoline:

1. mortgage guaranty insurers;

2. financial guaranty insurers; or

3. title insurers; or

(ii) managed care organizations operating under Title 15, Subtitle 1 of the Health – General Article.

(i) “Life insurer” means an insurer that:

(1) is authorized to write life insurance in the State; and

(2) receives the majority of its premium from the sale of life insurance.

(j) “NAIC” means the National Association of Insurance Commissioners.

(k) “Negative trend” means, with respect to a life insurer, health insurer, or fraternal benefit society, negative trend over a period of time, as determined in accordance with the “trend test calculation” included in the RBC instructions.

(l) (1) “Property and casualty insurer” means an insurer that:

(i) is authorized to write property insurance or casualty insurance in the State; and

(ii) receives the majority of its premium from the sale of property insurance or casualty insurance.

(2) “Property and casualty insurer” does not include:

(i) a health maintenance organization operating under a certificate of authority issued by the Commissioner under Title 19, Subtitle 7 of the Health – General Article;

(ii) a nonprofit health service plan operating under Title 14, Subtitle 1 of this article;

(iii) a dental plan operating under Title 14, Subtitle 4 of this article;

(iv) a provider–sponsored organization operating under Title 19, Subtitle 7A of the Health – General Article; or

(v) a managed care organization operating under Title 15, Subtitle 1 of the Health – General Article.

(m) “RBC instructions” means the risk based capital instructions developed and adopted by the NAIC.

(n) “RBC level” means an insurer’s company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC if:

(1) “company action level RBC” means the product of 2.0 and the authorized control level RBC;

(2) “regulatory action level RBC” means the product of 1.5 and the authorized control level RBC;

(3) “authorized control level RBC” means the number determined under the risk based capital formula in accordance with the RBC instructions; or

(4) “mandatory control level RBC” means the product of .70 and the authorized control level RBC.

(o) “RBC plan” means a comprehensive financial plan that contains the elements specified in § 4–305(b) of this subtitle.

(p) “RBC report” means a report prepared by a domestic insurer and submitted to the Commissioner that details the domestic insurer’s RBC levels as of the end of the immediately preceding calendar year.

(q) “Revised RBC plan” means an RBC plan that has been:

(1) rejected by the Commissioner; and

(2) subsequently revised by the insurer, with or without the Commissioner’s recommendation.

(r) “Total adjusted capital” means the sum of:

(1) an insurer’s statutory capital and surplus as determined in accordance with the statutory accounting principles applicable to the annual financial statements required to be filed under State law and regulations; and

(2) any other items provided for in the RBC instructions.
Md. Code, Housing and Community Development § 4-710 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-710
§4–710.
Status: in_force

In reviewing an application for a loan or grant, the Department shall consider:

(1) the needs of the beneficiaries of the proposed lead hazard reduction activity;

(2) the capacity of the applicant to repay a loan;

(3) the overall public benefit;

(4) the impact on the surrounding neighborhood or community; and

(5) any other factor that the Department finds relevant.
Md. Code, Economic Development § 4-210 — MD Code / Article gec / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

The Board shall:

(1) protect, preserve, promote, and restore the natural, historical, scenic, and cultural resources in the State;

(2) generate revenue through the sale of goods and services related to tourism in accordance with § 4-215 of this subtitle; and

(3) publish and submit to the Maryland Economic Development Commission and the Secretary an annual report and other material that the Board considers appropriate.
Md. Code, Housing and Community Development § 4-2001 — MD Code / Article ghs / Title 4 / Subtitle 20 / Section 4-2001
§4–2001.
Status: in_force

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

(b) “Fund” means the Energy–Efficient Homes Construction Fund.

(c) “Low–energy home” means a home that achieves a Home Energy Rating System (HERS) Index rating:

(1) of 50 or lower; or

(2) as determined by the Department in regulations.

(d) “Net–zero home” means a home that is designed to produce an amount of energy in 1 year that is equal to the amount of energy that the home uses in 1 year.

(e) “Program” means the Energy–Efficient Homes Construction Loan Program.
Md. Code, Corporations and Associations § 4-601 — MD Code / Article gca / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

(a) Subject to subsection (b) of this section, a consolidation, merger, share exchange, transfer of assets, or conversion of a close corporation shall be made in accordance with the provisions of Title 3 of this article.

(b) Approval of a proposed consolidation or merger, a transfer of assets, a conversion, or an acquisition of stock in a share exchange requires the affirmative vote of every stockholder of the close corporation.
Md. Code, Corporations and Associations § 4A-101 — MD Code / Article gca / Title 4A / Subtitle 1 / Section 4A-101
§4A–101.
Status: in_force

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

(b) “Articles of organization” means the articles of organization filed with the Department as specified in § 4A–204 of this title and includes all amendments and restatements of them.

(c) “Authorized person” means any person, whether or not a member, who is authorized by the articles of organization, by an operating agreement, or by unanimous consent of the members and any other person whose consent is required by the operating agreement, to execute or file a document required or permitted to be executed or filed on behalf of a limited liability company or foreign limited liability company under this title, or to otherwise act as an agent of the limited liability company.

(d) “Bankrupt” means a debtor under the federal Bankruptcy Code as amended or a debtor under any state insolvency act.

(e) “Capital contribution” means anything of value that a person contributes as capital to the limited liability company in that person’s capacity as a member, including cash, property, services rendered or a promissory note or other binding obligation to contribute cash or property or to perform services.

(f) “Capital contribution value” means the fair market value, as of the date contributed, of a member’s capital contribution, whether or not returned to the member.

(g) “Corporation” means a Maryland corporation or a foreign corporation.

(h) “Court” includes every court having jurisdiction in the case.

(i) “Economic interest” means a member’s share of the profits and losses of a limited liability company and the right to receive distributions from a limited liability company.

(j) “Foreign limited liability company” means a limited liability company formed under the laws of a state other than this State.

(k) “Guardian” has the meaning stated in § 3–201 of the Courts Article.

(l) “Limited liability company” or “domestic limited liability company” means a permitted form of unincorporated business organization which is organized and existing under this title.

(m) “Limited partnership” means a Maryland limited partnership or foreign limited partnership as defined in § 10–101 of this article.

(n) “Member” means a person who has been admitted as a member of a limited liability company under § 4A–601 of this title or as a member of a foreign limited liability company, and who has not ceased to be a member.

(o) “Membership interest” means a member’s economic interest and noneconomic interest in a limited liability company.

(p) “Noneconomic interest” means all of the rights of a member in a limited liability company other than the member’s economic interest, including, unless otherwise agreed, the member’s right to:

(1) Inspect the books and records of the limited liability company;

(2) Participate in the management of and vote on matters coming before the limited liability company; and

(3) Act as an agent of the limited liability company.

(q) “Operating agreement” means the agreement of the members and any amendments thereto concerning the matters described in § 4A–402(a) of this title.

(r) “Partnership” means a partnership formed under the laws of this State, any other state, or under the laws of a foreign country.

(s) “Personal representative” has the meaning stated in § 1–102 of the General Provisions Article.

(t) (1) “Professional service” has the meaning stated in § 5–101 of this article.

(2) “Professional service” includes a service provided by:

(i) An architect;

(ii) An attorney;

(iii) A certified public accountant;

(iv) A chiropractor;

(v) A dentist;

(vi) An osteopath;

(vii) A physician;

(viii) A podiatrist;

(ix) A professional engineer;

(x) A psychologist;

(xi) A licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson; or

(xii) A veterinarian.

(u) “Series company” means a foreign limited liability company that has been established and continues to operate under a series statute.

(v) “Series statute” means the statutory provisions of a foreign jurisdiction that:

(1) Allow the establishment of designated series, each of which is liable only for the debts, liabilities, obligations, and expenses of that series and is not liable for the debts, liabilities, obligations, and expenses of the foreign limited liability company generally or of any other series of the foreign limited liability company; or

(2) Provide that the debts, liabilities, obligations, and expenses incurred or contracted for with respect to the foreign limited liability company generally or any other series of the foreign limited liability company are enforceable only against the assets of the foreign limited liability company generally or the other series of the foreign limited liability company.

(w) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(x) “Unless otherwise agreed” means unless otherwise stated:

(1) In the articles of organization;

(2) In the operating agreement; or

(3) By unanimous consent of the members and any other person whose consent is required by the operating agreement.
Md. Code, Environment § 4-314 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-314
§4–314.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to a fine not exceeding $5,000, or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court.