Md. Code, Transportation § 8-613.2 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-613.2
§8–613.
Status: in_force

§8–613.2.

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

(2) “Roadway” has the meaning stated in § 11–151 of this article.

(3) “Shoulder” has the meaning stated in § 21–101 of this article.

(b) The Administration shall develop procedures in accordance with subsection (d) of this section to enhance the safety of highway construction, maintenance, utility, and other highway workers during construction or maintenance work on an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more.

(c) A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall incorporate the procedures developed under subsection (b) of this section into the project planning phase and construction phase of a proposed highway project for an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more.

(d) (1) (i) This paragraph applies to work that is:

1. Performed in a roadway; and

2. Expected to last at least two weeks.

(ii) The procedures developed under subsection (b) of this section shall ensure that for each highway construction or maintenance project, priority is given to performing the proposed highway construction or maintenance work in the absence of adjacent traffic through full or temporary closure of the highway at the location of the construction or maintenance work, if the closure is determined to be feasible after consideration of the following:

1. Safety of the traveling public;

2. Availability and feasibility of detours;

3. Access to abutting businesses, residences, and other facilities; and

4. Delays that may result from full or temporary closure of the highway.

(2) (i) This paragraph applies to work that is:

1. Performed in a roadway, if a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that full or temporary highway closure under paragraph (1) of this subsection is not feasible; or

2. Performed on the shoulder and expected to last at least two weeks.

(ii) A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall consider protecting highway construction and maintenance workers by means of:

1. Temporary traffic barriers;

2. Movable concrete barriers;

3. Movable link–system barriers; or

4. Other available barrier systems.

(iii) Consideration of the use of barriers under this paragraph shall include consideration of the feasibility of temporarily widening a highway to allow for the installation of the barriers.

(iv) For a highway construction or maintenance project that utilizes barriers under this paragraph, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for a law enforcement presence at or near the site of the construction or maintenance work in accordance with paragraph (3) of this subsection.

(3) (i) This paragraph applies to work that is:

1. Performed in a roadway or performed on the shoulder; and

2. Expected to last at least two weeks.

(ii) If a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that highway closure under paragraph (1) of this subsection and installation of barriers under paragraph (2) of this subsection are not feasible, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for at least one law enforcement officer to be present at or near the site of the construction or maintenance work when workers are present.

(iii) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (i) of this paragraph may:

1. Be in uniform;

2. Be in a marked law enforcement vehicle;

3. Display the visual lights or signal devices installed on the law enforcement vehicle; and

4. Be located at or near the site of the highway construction or maintenance project in a manner to:

A. Enhance worker safety; and

B. Facilitate the enforcement of traffic laws.

(iv) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (ii) of this paragraph may take any authorized action to enforce traffic laws at or near the project.
Md. Code, Real Property § 8-325 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-325
§8–325.
Status: in_force

(a) If the amount received from a sale of goods under distress, after payment of all costs and expenses, is not sufficient to pay the plaintiff’s claim, the plaintiff may file a verified petition with the court for a deficiency money judgment. Notice of the petition shall be served on the tenant, giving at least 14 days’ notice of hearing on the petition. After the hearing, the court may order a money judgment entered for the deficiency against the defendant regardless of whether the amount exceeds the monetary limit of the civil jurisdiction of the court.

(b) A deficiency money judgment under a lease may be entered only against the person named in the lease as tenant, and who signed the lease as such, or against an assignee who has assumed a covenant in writing to pay rent.

(c) The general exemption laws of the State are applicable to the enforcement of any deficiency money judgment given in an action of distress.
Md. Code, Transportation § 8-1003 — MD Code / Article gtr / Title 8 / Subtitle 10 / Section 8-1003
§8–1003.
Status: in_force

(a) The purpose of Vision Zero is to develop strategies to make roadways safer for drivers and passengers of motor vehicles, bicyclists, and pedestrians.

(b) The goal of Vision Zero is to have zero vehicle–related deaths or serious injuries on roadways by the year 2030.
Md. Code, State Personnel and Pensions § 8-304 — MD Code / Article gsp / Title 8 / Subtitle 3 / Section 8-304
§8–304.
Status: in_force

(a) Except as provided in subsection (b) of this section, an employee's regular hourly rate of pay is computed for purposes of this subtitle by dividing the employee's total regular weekly pay by the total number of hours in the employee's normal workweek.

(b) The regular hourly rate of pay for an employee of a hospital or domiciliary care facility for the ill, aged, or disabled may be computed for purposes of this subtitle by dividing the employee's total regular 2-week pay by the total number of hours in the employee's normal 2-week work period.
Md. Code, Natural Resources § 8-1004 — MD Code / Article gnr / Title 8 / Subtitle 10 / Section 8-1004
§8–1004.
Status: in_force

(a) The operating budget of the Department may contain an appropriation from the Fund sufficient to provide technical and administrative services required to implement §§ 8–1002 and 8–1003 of this subtitle, including but not limited to:

(1) Review and evaluation of requests for assistance in shore erosion control;

(2) Supervision over construction of approved projects; and

(3) Inspection of completed projects to insure adequate maintenance.

(b) Costs of the services enumerated in this section:

(1) Shall be reimbursed to the Department by the property owner; and

(2) May not be considered part of the construction cost of the project.

(c) Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
Md. Code, Criminal Law § 8-209 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-209
§8–209.
Status: in_force

(a) A person may not receive money, goods, services, or anything of value if the person knows or believes that the money, goods, services, or other thing of value was obtained in violation of § 8–206 of this subtitle.

(b) (1) (i) If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $1,500 but less than $25,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(ii) If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $25,000 but less than $100,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both.

(iii) If the value of all money, goods, services, and other things of value obtained in violation of this section is $100,000 or more, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

(2) Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section is at least $100 but less than $1,500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(3) If the value of all money, goods, services, and other things of value obtained in violation of this section is less than $100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
Md. Code, State Finance and Procurement § 8-403 — MD Code / Article gsf / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) The State Treasurer, with the approval of the Board of Public Works, may enter into a capital lease on behalf of one or more units of State government.

(b) Prior to submission of a capital lease to the Board of Public Works, the Treasurer shall submit to the Legislative Policy Committee the total financing request and any supporting information. The Legislative Policy Committee has 45 days within which to review and provide written comments on the financing.
Md. Code, Health Occupations § 8-6B-05 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-05
§8–6B–05.
Status: in_force

(a) There is an Electrology Practice Committee within the Board.

(b) (1) The Committee consists of three members appointed by the Board.

(2) Of the three Committee members:

(i) Two shall be licensed electrologists or licensed electrology instructors; and

(ii) One shall be a consumer member.

(c) Each member of the Committee shall be a citizen of the United States and a resident of the State.

(d) Each electrologist member of the Committee shall have practiced electrology actively in the State for at least 5 years immediately before appointment.

(e) The consumer member of the Committee:

(1) Shall be a member of the general public;

(2) May not be or ever have been:

(i) An electrologist;

(ii) A health care professional; or

(iii) In training to be an electrologist or a health care professional;

(3) May not have a household member who is an electrologist, a health care professional, in training to be an electrologist, or in training to be a health care professional; and

(4) May not:

(i) Participate or ever have participated in a commercial or professional field related to electrology;

(ii) Have a household member who participates in a commercial or professional field related to electrology; or

(iii) Have, or have had within 2 years before appointment, a substantial financial interest in a person regulated by the Board.

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

(2) The terms of the members are staggered as required by the provisions for members of the Committee on July 1, 2003.

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

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

(5) A member may not serve more than two consecutive full terms.

(6) To the extent practicable, the Board shall fill any vacancy on the Committee within 60 days of the date of the vacancy.

(g) A majority of the full authorized membership of the Committee is a quorum.

(h) In addition to any other meeting requirements of this title, the Committee shall meet:

(1) At the request of the executive director of the Board; or

(2) As necessary to conduct Board business.

(i) In accordance with the State budget, each member of the Committee is entitled to:

(1) Compensation, at a rate determined by the Board, for each day, or part of a day, on which the member is engaged in the duties of the Committee; and

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

(j) (1) The Board may remove a member for incompetence or misconduct.

(2) The Board may remove a member who is absent from two successive Committee meetings without adequate reason.
Md. Code, Courts and Judicial Proceedings § 8-212 — MD Code / Article gcj / Title 8 / Subtitle 2 / Section 8-212
§8–212.
Status: in_force

The jury plan for a county may state any question, in addition to those required under § 8–302(a) of this title, to be included on the county’s juror qualification form, consistent with the interest of the sound administration of justice and not inconsistent with this title and other law.
Md. Code, Insurance § 8-520 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-520
§8–520.
Status: in_force

(a) (1) In this subsection, “actuary” means an individual who is a member in good standing of the American Academy of Actuaries.

(2) A reinsurer shall obtain annually a copy of statements by an independent certified accountant in a form acceptable to the Commissioner of the financial condition of each reinsurance manager that transacts business with the reinsurer.

(3) If a reinsurance manager is allowed by contract to maintain loss reserves, a reinsurer shall obtain annually the opinion of an independent actuary attesting to the adequacy of the loss reserves established for losses incurred and outstanding on business produced by the reinsurance manager.

(4) A reinsurer shall conduct at least semiannually an on-site review of the underwriting and claims processing operations of the reinsurance manager.

(5) A reinsurer shall notify the Commissioner, in writing, within 30 days after terminating a contract with a reinsurance manager.

(b) (1) A reinsurer may not engage the services of a person to act as a reinsurance manager on its behalf unless the person has complied with this subtitle.

(2) Unless the relationship between the reinsurer and the reinsurance manager is controlled by and disclosed under § 8-106 of this title or Title 7, Subtitles 6 and 7 of this article, a reinsurer may not have on its board of directors an officer, director, employee, agent, or controlling shareholder of its reinsurance manager.

(c) The binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who is not affiliated with the reinsurance manager.

(d) (1) Subject to the hearing provisions of Title 2 of this article, if a reinsurer violates any provision of this subtitle, the reinsurer may be:

(i) refused approval as an accepted reinsurer; or

(ii) disapproved as an accepted reinsurer under Title 5, Subtitle 9 of this article.

(2) In addition to removal as an accepted reinsurer under Title 5, Subtitle 9 of this article, a reinsurer is subject to a civil penalty not exceeding $5,000 for each violation of this subtitle.
Md. Code, Election Law § 8-802 — MD Code / Article gel / Title 8 / Subtitle 8 / Section 8-802
§8–802.
Status: in_force

(a) (1) (i) Members of boards of education shall be elected on a nonpartisan basis.

(ii) In a primary election to nominate board of education candidates, any registered voter of the county, regardless of party affiliation or lack of party affiliation, is eligible to vote in those contests for nomination.

(2) Candidates for election to boards of education shall, without party designation or regard to party affiliation:

(i) file certificates of candidacy;

(ii) be certified to the ballot;

(iii) appear on the ballot;

(iv) be voted on; and

(v) be nominated and elected.

(b) This section does not apply to candidates for nomination or election to a board of education if Title 3 of the Education Article requires a partisan election.
Md. Code, Real Property § 8-805 — MD Code / Article grp / Title 8 / Subtitle 8 / Section 8-805
§8–805.
Status: reserved

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

(2) “Irredeemable ground rent” means a ground rent created under a ground lease executed before April 9, 1884, that does not contain a provision allowing the leasehold tenant to redeem the ground rent.

(3) “Redeemable ground rent” means a ground rent that may be redeemed in accordance with this section or redeemed or extinguished in accordance with § 8–804(f) of this subtitle.

(b) (1) An irredeemable ground rent shall be converted to, and become, a redeemable ground rent, unless within the times specified in subsection (e) of this section, a notice of intention to preserve irredeemability is recorded among the land records of the county where the property is located and filed with the Department.

(2) The conversion of an irredeemable ground rent to a redeemable ground rent occurs on the day following the end of the period in which the notice may be recorded among the land records of the county where the property is located or filed with the Department.

(3) A disability or lack of knowledge of any kind does not prevent the conversion of an irredeemable ground rent to a redeemable ground rent if no notice of intention to preserve irredeemability is filed within the times specified in subsection (e) of this section.

(c) (1) Any ground lease holder of an irredeemable ground rent may record a notice of intention to preserve irredeemability among the land records of the county where the land is located.

(2) The notice may be recorded by:

(i) The person claiming to be the ground lease holder; or

(ii) If the ground lease holder is under a disability or otherwise unable to assert a claim on the ground lease holder’s own behalf, any other person acting on the ground lease holder’s behalf.

(d) (1) To be effective and to be entitled to be recorded, the notice shall be executed by the ground lease holder, acknowledged before a notary public, and contain substantially the following information:

(i) An accurate description of the leasehold interest affected by the notice, including, if known, the property improvement address;

(ii) The name of every ground lease holder of an irredeemable ground rent;

(iii) The name of every leasehold tenant as of the time the notice is filed according to the land records or the records of the Department;

(iv) The recording reference of the ground lease;

(v) The recording reference of every leasehold tenant’s leasehold deed, as of the time the notice is filed, according to the land records or the records of the Department;

(vi) The recording reference of every irredeemable ground rent ground lease holder’s deed; and

(vii) The block number for the leasehold interest if the property is located in Baltimore City.

(2) (i) A notice that substantially meets the requirements of this section shall be accepted for recording among the land records on payment of the same fees as are charged for the recording of deeds.

(ii) The filing of a notice is exempt from the imposition of a State or local excise tax.

(3) The notice shall be indexed as “Notice of Intention to Preserve Irredeemability”:

(i) In the grantee indices of deeds under the name of every ground lease holder of an irredeemable ground rent;

(ii) In the grantor indices of deeds under the name of every leasehold tenant as of the time the notice is filed according to the land records or the records of the Department; and

(iii) In the block index in Baltimore City.

(e) (1) To preserve the irredeemability of an irredeemable ground rent, a notice of intention to preserve shall be recorded on or before December 31, 2010.

(2) If a notice of intention to preserve is not recorded on or before December 31, 2010, the ground rent becomes a redeemable ground rent.

(3) If a notice is recorded on or before December 31, 2010, the ground rent shall remain irredeemable for a period of 10 years from January 1, 2011, to December 31, 2020, both inclusive.

(4) (i) The effectiveness of a filed notice to preserve irredeemability shall lapse on January 1, 2021, and the ground rent shall become a redeemable ground rent, unless:

1. A renewal notice containing substantially the same information as the notice of intention to preserve irredeemability is recorded within 6 months before the expiration of the 10–year period set forth in paragraph (3) of this subsection; and

2. The renewal notice is filed with the Department on or before April 1, 2023.

(ii) The effectiveness of any subsequently filed renewal notice shall lapse after the expiration of the applicable 10–year period and the ground rent shall become a redeemable ground rent, unless:

1. Further renewal notices are recorded within 6 months before the expiration of the applicable 10–year period; and

2. Each renewal notice is filed with the Department within 3 months after the date of recordation in the land records.

(f) A ground rent made redeemable in accordance with this section:

(1) Is redeemable at any time following the date of conversion of the irredeemable ground rent to a redeemable ground rent; and

(2) Shall be redeemable for a sum equal to the annual rent reserved multiplied by 16.66, which is capitalization at 6 percent.
Md. Code, Real Property § 8A-704 — MD Code / Article grp / Title 8A / Subtitle 7 / Section 8A-704
§8A–704.
Status: in_force

(a) A park owner has at all reasonable times a right of entry onto the mobile home site to repair or replace any utility and to protect the park. Except in the case of an emergency, the entry may not be made in a manner and at a time that interferes unreasonably with the quiet enjoyment of the site by the resident.

(b) Except in the case of an emergency or to prevent imminent danger to a mobile home or its occupant, a park owner does not have any right of entry to the mobile home without the prior written consent of the resident. The resident may revoke at any time and in writing a consent to entry.
Md. Code, Transportation § 8-1001 — MD Code / Article gtr / Title 8 / Subtitle 10 / Section 8-1001
§8–1001.
Status: in_force

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

(b) “Coordinator” means the individual designated by the Department to oversee the implementation of Vision Zero throughout the State.

(c) “Vision Zero” means a program for planning and developing a State roadway system that has zero vehicle–related deaths or serious injuries.
Md. Code, State Finance and Procurement § 8-123.1 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-123.1
§8–123.
Status: in_force

§8–123.1.

(a) In accordance with the authority to issue capital appreciation bonds under § 8-121 of this subtitle, the Board, in a resolution setting forth the terms and conditions of any State bond issue, may designate that all or a portion of the State bonds be issued as capital appreciation bonds.

(b) The Board may sell the capital appreciation bonds at a negotiated sale if the Board determines that a negotiated sale will provide greater access to investors who are residents of the State of Maryland.
Md. Code, Environment § 8-204 — MD Code / Article gen / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

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

(b) A member of the Board:

(1) May not receive compensation; but

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

(c) The Department shall provide the Board with needed staff assistance.
Md. Code, Natural Resources § 8-715 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-715
§8–715.
Status: in_force

(a) Except as provided in subsection (d) of this section, any owner of a vessel principally used on the waters of the State and to be numbered shall apply to the Department for a certificate of title for the vessel.

(b) Each certificate of title shall contain the information and shall be issued in a form the Department prescribes.

(c) The Department may not issue or renew a certificate of number to any vessel required to be registered and numbered in the State unless the Department has issued a certificate of title to the owner.

(d) A person who on July 1, 1965, is the owner of a vessel with a valid certificate of number issued by the State is not required to file an application for a certificate of title for the vessel unless the person:

(1) Transfers any part of the person’s interest in the vessel; or

(2) Renews the certificate of number for the vessel.

(e) Every owner of a vessel subject to titling under the provisions of this subtitle shall apply to the Department for issuance of a certificate of title for the vessel within 30 days after acquisition. The application shall be on forms the Department prescribes, and accompanied by the required fee and tax. The application shall be signed and sworn to before a notary public or other person who administers oaths, or a certification signed in writing containing substantially the representation that statements made are true and correct to the best of the applicant’s knowledge, information, and belief, under penalty of perjury. The application shall contain the date of sale and gross price of the vessel or the fair market value if no sale immediately preceded the transfer, and any additional information the Department requires. If the application is made for a vessel last previously registered or titled in another state or foreign country, the application shall contain this information and any other the Department requires.

(f) If a dealer buys or acquires a used vessel for resale, the dealer shall report the acquisition to the Department on forms the Department provides, or the dealer may apply for and obtain a certificate of title as provided in this subtitle. If a dealer buys or acquires a used non–Maryland numbered vessel, the dealer shall apply for a certificate of title in the dealer’s name within 15 days. If a dealer buys or acquires a new vessel for resale, the dealer may apply for a certificate of title in the dealer’s name. These transactions are exempt from title tax.

(g) Every dealer transferring a vessel requiring titling under this subtitle shall assign the title to the new owner or, in the case of a new vessel, assign the certificate of origin. Within 30 days, the dealer shall forward all title taxes, fees, and applications to the Department.

(h) The Department shall maintain a record of any certificate of title the Department issues.

(i) A person may not sell, assign, or transfer a vessel titled by the State without delivering to the purchaser or transferee a certificate of title with an assignment on the certificate of title showing title in the purchaser or transferee. A person may not purchase or otherwise acquire a vessel required to be titled by the State without obtaining a certificate of title for the vessel in the person’s name.
Md. Code, Human Services § 8-504 — MD Code / Article ghu / Title 8 / Subtitle 5 / Section 8-504
§8–504.
Status: in_force

Expenditures from the Fund shall be made:

(1) in accordance with the State Finance and Procurement Article; and

(2) to reflect the priorities, policies, and procedures that the Children’s Cabinet adopts.
Md. Code, Natural Resources § 8-710.2 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-710.2
§8–710.
Status: in_force

§8–710.2.

(a) The Department may design temporary certificates of boat number and furnish them to any licensed boat dealer.

(b) (1) For any vessel that is to be used principally in Maryland, a licensed dealer may issue 1 temporary certificate of boat number to the person who buys the vessel from the dealer.

(2) A dealer may not issue a temporary certificate of boat number unless:

(i) The taxes and other fees as required by this subtitle are paid to the dealer; and

(ii) An application for Maryland certificate of boat title and number or a purchaser’s application for transfer of a Maryland certificate of boat title is completed and signed by the purchaser of the vessel.

(3) (i) Before issuing a temporary certificate of boat number, the dealer shall complete the certificate by writing in the information required by the Department.

(ii) A temporary certificate of boat number is not valid unless the dealer completes the certificate as required by this subsection.

(4) The dealer may not issue more than 1 temporary certificate for any vessel. If the temporary certificate is lost, stolen, or destroyed, the owner must apply to the Department for a certificate of boat number.

(5) Within 30 days after a dealer issues a temporary certificate of boat number, the dealer shall mail a copy of the temporary certificate to the Department.

(c) A temporary certificate of boat number expires when the first of either of the following occurs:

(1) A certificate of boat number for the vessel is issued by the Department; or

(2) 60 days expire from the date the temporary certificate was issued by the dealer.

(d) In addition to any other sanction under this subtitle, on failure of a dealer to forward to the Department taxes and fees within 30 days of collection, the Department may declare forfeited the bond or other security filed by the dealer under this subtitle.

(e) The Department may require the return of all temporary certificates from any dealer who has not complied with any provision of this subtitle.
Md. Code, Tax - Property § 8-209 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-209
§8–209.
Status: in_force

(a) The General Assembly declares that it is in the general public interest of the State to foster and encourage farming activities to:

(1) maintain a readily available source of food and dairy products close to the metropolitan areas of the State;

(2) encourage the preservation of open space as an amenity necessary for human welfare and happiness; and

(3) prevent the forced conversion of open space land to more intensive uses because of the economic pressures caused by the assessment of the land at rates or levels incompatible with its practical use for farming.

(b) It is the intention of the General Assembly that the assessment of farmland:

(1) be maintained at levels compatible with the continued use of the land for farming; and

(2) not be affected adversely by neighboring land uses of a more intensive nature.

(c) Land that is actively used for farm or agricultural use shall be valued on the basis of that use and may not be valued as if subdivided.

(d) Land that is valued under subsection (c) of this section shall be assessed on the basis of its use value.

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

(ii) “Agrivoltaics” has the meaning stated in § 7–237 of this article.

(iii) “Community solar energy generating system” has the meaning stated in § 7–306.2 of the Public Utilities Article.

(2) Except as provided in paragraph (4) of this subsection, the Department shall establish in regulations criteria to determine if land that appears to be actively used for farm or agricultural purposes:

(i) is actually used for farm or agricultural purposes; and

(ii) qualifies for assessment under this section.

(3) The criteria shall include:

(i) the zoning of the land;

(ii) the present and past use of the land including land under the Soil Bank Program of the United States;

(iii) the productivity of the land, including timberlands and reforested lands; and

(iv) the gross income that is derived from the agricultural activity.

(4) (i) This paragraph applies through the life cycle of a community solar energy generating system that:

1. is placed in service after June 30, 2022; and

2. has been approved on or before December 31, 2025, as a community solar energy generating system by the Public Service Commission under § 7–306.2 of the Public Utilities Article.

(ii) The Department shall assess and qualify land that is used by a community solar energy generating system for agrivoltaics as land that is actively used for farm or agricultural purposes.

(f) In administering this section, periodically, the Director shall consult with:

(1) the Secretary of Agriculture;

(2) officials of the State who are knowledgeable in agriculture;

(3) representatives of the agricultural community;

(4) officials of counties and municipal corporations; and

(5) other persons as determined by the Director.

(g) (1) In this subsection the following words have the meanings indicated:

(i) “actively used” means land that is actually and primarily used for a continuing farm or agricultural use;

(ii) “agricultural land unit” means the combination of not more than 3 parcels of land when the parcels are:

1. located in the same county; and

2. under the same ownership;

(iii) “average gross income” means the average of the 2 highest years of gross income during a 3–year period;

(iv) “family farm unit” means not more than 1 parcel of land of less than 20 acres for each immediate family member for land that is:

1. contiguous to land receiving the farm or agricultural use assessment; and

2. owned by a member or members of the immediate family of the owner of the farm or agricultural use land; and

(v) “gross income” means the actual income that is received in a calendar year that results directly from the farm or agricultural use of the land.

(2) In determining if a parcel of land of less than 20 acres, or not zoned for agricultural use, is actively used, the Department may require the owner of the land to affirm, under oath, on a standard form provided by the Department that the farm or agricultural use of the land results in an average gross income of at least $2,500 from the parcel or the agricultural land unit.

(3) The Department may require an owner who submits an affirmation under paragraph (2) of this subsection to verify the gross income from the land by providing:

(i) copies of sales receipts or invoices;

(ii) lease agreements; or

(iii) other documents required by the Department.

(4) An affirmation under paragraph (2) of this subsection shall be filed before July 1 of the taxable year.

(5) If land that appears to be actively used does not yield an average gross income of $2,500, the Director shall waive the gross income requirement on finding that:

(i) the land is leased and the nature of the farm or agricultural use of the land when related to the amount of the land in farm or agricultural use reasonably would be expected to yield an average gross income of at least $2,500;

(ii) the nature of the farm or agricultural use of the land and the amount of the land in farm or agricultural use reasonably would be expected to yield an average gross income of at least $2,500 from the agricultural products, if sold, that are derived from the use of the land;

(iii) a drought or other natural cause has adversely affected the income–producing capability of the land during a 3–year period; or

(iv) for a newly established farm or agricultural use, the nature of the use and the amount of the land in farm or agricultural use reasonably would be expected to yield an average gross income of at least $2,500 if the use had existed for a 3–year period.

(6) The Director may grant only the following additional waivers:

(i) under paragraph (5)(iii) of this subsection, for 1 additional consecutive 3–year period; and

(ii) under paragraph (5)(iv) of this subsection, for 1 additional consecutive 3–year period.

(7) The gross income requirement of paragraph (2) of this subsection does not apply if the land is actively used as a family farm unit.

(8) For purposes of qualifying for the agricultural use assessment under this section, the following real property is deemed to be a single contiguous parcel:

(i) parcels that are created or separated by roads, easements, or other rights–of–way; and

(ii) land relating to a right–of–way that reverts back to its owner’s use for purposes of farming.

(h) (1) Subject to paragraph (2) of this subsection, the following land does not qualify to be assessed under this section:

(i) land rezoned to a more intensive use than the use that immediately preceded the rezoning, if a person with an ownership interest in the land has applied for or requested the rezoning;

(ii) land used as a homesite, which means the area of land that is reasonably related to a dwelling;

(iii) parcels of land of less than 3 acres that are under the same ownership excluding the homesite unless:

1. the land is owned by an owner of adjoining land that is receiving the farm or agricultural use assessment and is actively used;

2. the owner receives at least 51% of the owner’s gross income from the active use; or

3. the parcels are part of a family farm unit;

(iv) if part of a subdivision plat, parcels of land of less than 10 acres that are owned by an owner of 5 other parcels of land of less than 10 acres each that are located in the same county and that are receiving the farm or agricultural use assessment;

(v) parcels of woodland of less than 5 acres excluding the homesite; or

(vi) land that fails to meet the gross income requirement of subsection (g) of this section.

(2) No more than 2 parcels of less than 3 acres under the same ownership may qualify for the agricultural use assessment.

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

(ii) “Surviving spouse” means the surviving spouse of the property owner who applied for the waiver under this subsection if the surviving spouse has not remarried and had a legal interest in the property at the time of the application for the waiver.

(iii) “3–year cycle” has the meaning stated in § 8–103 of this title.

(2) The Director may grant a waiver from the requirements of subsection (e) or (g) of this section if:

(i) the property owner is at least 70 years of age;

(ii) the property owner applies to the Department for a waiver of the requirements of either subsection (e) or (g) of this section;

(iii) the land has not changed ownership during the two previous 3–year cycles; and

(iv) the land has been assessed for at least the two previous 3–year cycles on the basis of farm or agricultural use under the law or regulations of the Department that were in effect as of the date of the application.

(3) The Director may grant a waiver from the requirements of subsection (e) or (g) of this section if:

(i) the property owner becomes disabled and is unable to continue the farm or agricultural use of the land;

(ii) the property owner applies to the Department for a waiver of the requirements of either subsection (e) or (g) of this section;

(iii) the property owner engaged in farm or agricultural use activities on the land prior to the disability; and

(iv) the land has been assessed for at least the two previous 3–year cycles on the basis of farm or agricultural use under the law or regulations of the Department that were in effect as of the date of the application.

(4) Any waiver granted under this subsection shall be in effect until:

(i) the transfer of the property; or

(ii) the later of the death of the property owner who received the waiver or the death of the surviving spouse.

(5) The Department may adopt regulations to carry out the provisions of this subsection.
Md. Code, Commercial Law § 8-507 — MD Code / Article gcl / Title 8 / Subtitle 5 / Section 8-507
§8–507.
Status: in_force

(a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if:

(1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order.

(b) If a securities intermediary transfers a financial asset in accordance with an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages.
Md. Code, Labor and Employment § 8-1301 — MD Code / Article gle / Title 8 / Subtitle 13 / Section 8-1301
§8–1301.
Status: in_force

A person, for that person or another, may not knowingly make a false statement or false representation or knowingly fail to disclose a material fact to receive or increase a benefit or other payment under this title or an unemployment insurance law of another state, the federal government, or a foreign government.
Md. Code, Criminal Law § 8-405 — MD Code / Article gcr / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) This section applies only to a person employed in any capacity in the management or navigation of a vessel on a river, canal, bay, or other waters exclusively within the State whether or not the person is a co-owner of or has an interest in any of the cargo of the vessel.

(b) A person may not sell, give away, pledge, or in any manner dispose of the cargo of a vessel or an article or commodity on the vessel:

(1) without the consent of the owner; and

(2) with the intent to defraud the owner.

(c) A person who sells the cargo of a vessel or an article or commodity on the vessel with the consent of the owner may not neglect or refuse to pay to the owner the consideration received by the person with the intent to defraud the owner.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not less than 6 months and not exceeding 1 year or a fine not less than $500 and not exceeding $1,000 or both.
Md. Code, Business Regulation § 8-309 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

Within 10 days, a licensee shall notify the Commission of a change of control in ownership, management, address, or trade name.
Md. Code, Real Property § 8-322 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-322
§8–322.
Status: in_force

(a) (1) The costs charged in actions of distress shall be as provided in this section.

(2) If the amount of rent distrained for is $500 or less, the cost for a petition for distress is $10 regardless of the number of defendants to be served at the leased premises.

(3) If the amount of rent distrained for exceeds $500, then in addition to the costs of paragraph (2) of this subsection, $5 shall be charged for each additional $500 or a fraction of $500 of rent distrained for.

(4) The charge for each defendant to be served at an address other than the leased premises is $2.

(5) The cost of any reissue of summons for a defendant is $2.

(6) If the distress leads to an actual sale of property, the officer may charge and collect a poundage fee not less than $3 or more than $500, computed on the sale price of the personal property sold, as follows:

(i) 3 percent of the first $5,000 of sale price;

(ii) 2 percent of the second $5,000 of sale price; and

(iii) 1 percent of any portion of the sale price over $10,000.

(7) For filing and serving a petition on one other party or claimant, the officer may charge and collect $2. There is a $2 charge for service on each additional person whether party, claimant, or attorney of record.

(8) Actual costs of sale, including publication of notice of sale, auctioneer’s fees, cost of removal, storage of goods pending sale or for sale, and cost of returning unsold goods to the premises after sale shall be charged.

(b) Filing costs shall be paid at the time of filing the action, and other costs at the time of filing subsequent petitions. The award and distribution of costs are in the discretion of the court.
Md. Code, Health Occupations § 8-404 — MD Code / Article gho / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Board may remove an institution from its list of institutions that offer approved nursing education programs in this State if the institution violates the standards set under this title or by the Board.

(b) (1) At least 30 days before the Board may issue a formal notice of violation to an institution, the Board shall notify the chief administrator of the institution and the chief administrator of the nursing education program of the institution that the Board is considering issuing a formal notice of violation.

(2) During the 30-day period provided in paragraph (1) of this subsection, the Board shall provide the chief administrator of the institution and the chief administrator of the nursing education program an opportunity to meet with representatives of the Board.

(c) Any action taken under this section shall be in accordance with the hearing and administrative and judicial review provisions of §§ 8-316 and 8-317 of this title.
Md. Code, Criminal Law § 8-901 — MD Code / Article gcr / Title 8 / Subtitle 9 / Section 8-901
§8–901.
Status: in_force

(a) A person may not fail to furnish to the purchaser of purebred livestock a paper or certificate showing that the livestock is purebred stock within 90 days after the sale and delivery of the livestock if:

(1) the paper or certificate is a condition of sale; and

(2) payment has been made for the livestock.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not less than $5 and not exceeding $50 for each violation.
Md. Code, Natural Resources § 8-1901 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1901
§8–1901.
Status: in_force

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

(b) “Board” means the Board of Trustees of the Chesapeake Bay Trust.

(c) “Trust” means the Chesapeake Bay Trust.
Md. Code, Criminal Law § 8-905 — MD Code / Article gcr / Title 8 / Subtitle 9 / Section 8-905
§8–905.
Status: in_force

(a) A person may not knowingly present for payoff, or give to another to present for payoff, a counterfeit or altered pari-mutuel betting ticket.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Corporations and Associations § 8-703 — MD Code / Article gca / Title 8 / Subtitle 7 / Section 8-703
§8–703.
Status: in_force

(a) In this section, “facts ascertainable outside the articles of conversion” includes:

(1) An action or a determination by any person, including:

(i) The real estate investment trust or other entity, as applicable;

(ii) The trustees, directors, partners, members, officers, or other agents of the real estate investment trust or other entity; and

(iii) Any other person affiliated with the real estate investment trust or other entity; and

(2) Any other event.

(b) Articles of conversion shall be filed for record with the Department.

(c) In a conversion of a real estate investment trust to an other entity, the articles of conversion shall set forth:

(1) The name of the real estate investment trust and the date of filing of the original declaration of trust with the Department;

(2) The name of the other entity to which the real estate investment trust will be converted and the place of incorporation or organization of the other entity;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging issued shares of beneficial interest of the real estate investment trust into shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity, or other consideration, and the treatment of any issued shares of beneficial interest not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion;

(5) If the other entity is not organized under the laws of this State:

(i) The location of the principal office in the place where it is organized; and

(ii) The name and address of the resident agent in this State; and

(6) Any other provision necessary to effect the conversion.

(d) In a conversion of an other entity to a real estate investment trust, the articles of conversion shall set forth:

(1) The name of the other entity, the date on which the other entity was first created, and the place of incorporation or organization of the other entity;

(2) The name of the real estate investment trust to which the other entity will be converted;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity into shares of beneficial interest of the real estate investment trust, or other consideration, and the treatment of any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion; and

(5) Any other provision necessary to effect the conversion.

(e) The articles of conversion may contain a future effective time of the articles of conversion that is not later than 30 days after the articles of conversion are accepted for record.
Md. Code, Courts and Judicial Proceedings § 8-505 — MD Code / Article gcj / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) A person who is summoned for jury service under this title may not fail to complete jury service as directed.

(b) A jury judge may order a person who violates any provision of this section to appear and show cause for each violation.

(c) A person who fails to show good cause for a violation of this section is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.
Md. Code, Business Regulation § 8-201 — MD Code / Article gbr / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

There is a Maryland Home Improvement Commission in the Department.
Md. Code, Labor and Employment § 8-801 — MD Code / Article gle / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

(a) To be eligible for benefits, an individual who files a claim for benefits shall be unemployed.

(b) An individual is considered to be unemployed in any week during which the individual:

(1) does not perform work for which wages are payable; or

(2) performs less than full–time work for which wages payable are less than the weekly benefit amount that would be assigned to the individual plus allowances for dependents.

(c) Notwithstanding subsection (b)(2) of this section, a part–time worker is not considered to be unemployed if the part–time worker is working all hours for which the part–time worker is available.
Md. Code, Insurance § 8-430 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-430
§8–430.
Status: in_force

(a) (1) A member of a society may change the beneficiary in a certificate at any time in accordance with the laws or rules of the society.

(2) By its laws or rules, a society:

(i) may limit the scope of beneficiaries; and

(ii) shall provide that a beneficiary may not have or get a vested interest in the proceeds of a certificate until the certificate becomes due and payable under the insurance contract.

(b) (1) A society may provide for the payment of funeral benefits, not exceeding $5,000, to the extent of that part of any payment under a certificate that reasonably appears to be due to a person equitably entitled to reimbursement of expenses incurred by the burial of a member.

(2) (i) Subject to subparagraph (ii) of this paragraph, if at the death of a member there is no lawful beneficiary to whom the insurance benefits are payable, the society shall pay to the personal representative of the deceased member the insurance benefits under the certificate, less any funeral benefits paid under paragraph (1) of this subsection.

(ii) If the owner of the certificate is other than the insured, the proceeds shall be payable to that owner.
Md. Code, Insurance § 8-319 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-319
§8–319.
Status: in_force

(a) (1) A person aggrieved by the conduct of a person registered or required to be registered under this subtitle may file a written complaint with the Commissioner.

(2) On receipt of a complaint, the Commissioner shall investigate the complaint.

(b) The Commissioner may investigate any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle or a regulation adopted under it.

(c) Without limitation of the powers granted to the Commissioner under Title 2 of this article, in connection with an investigation under this section, the Commissioner may:

(1) examine the books and records of a person registered under this subtitle or any other person that the Commissioner believes has violated this subtitle or a regulation adopted under it;

(2) subpoena documents and other evidence; and

(3) summon and examine under oath a person whose testimony the Commissioner requires.

(d) For the purpose of conducting an investigation under this section, the Commissioner may not require an administrator to submit to the Commissioner, more than once in a 12-month period, any books or records of a plan administered by the administrator unless the Commissioner has reasonable cause to believe that a violation of this subtitle or a regulation adopted or order issued under it exists.

(e) Subject to subsection (f) of this section, the Commissioner may make available information about a matter that may be subject to an investigation to:

(1) the National Association of Insurance Commissioners;

(2) a unit of state or federal government; and

(3) a person that is the subject of the investigation.

(f) Unless disclosure is required by a court of competent jurisdiction in a legal proceeding, the Commissioner shall keep confidential and may not disclose a trade secret or commercial information contained in:

(1) an administrator’s books, records, or other documents; or

(2) data provided by the administrator, including the identity and address of persons covered by a plan.
Md. Code, Labor and Employment § 8-220 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-220
§8–220.
Status: in_force

(a) (1) In this subsection, “full-time student” means an individual who is:

(i) enrolled full-time at an educational institution; or

(ii) between academic terms or years if:

1. the individual was enrolled as a full-time student at an educational institution for the immediately preceding academic term or year; and

2. there is a reasonable assurance that the individual will be enrolled as a full-time student at an educational institution for the immediately succeeding academic term or year.

(2) Employment that a full-time student performs in the employ of an organized camp is not covered employment if:

(i) the full-time student was employed by the camp for less than 13 calendar weeks in a calendar year; and

(ii) the camp:

1. had average gross receipts for any 6 months in the preceding calendar year that were not more than one-third of its average gross receipts for the other 6 months in that year; or

2. did not operate for more than 7 months in each of the current and preceding calendar years.

(b) Employment performed in an educational institution is not covered employment if:

(1) the employment is performed by a student who is enrolled and regularly attending classes at that educational institution; or

(2) the employment is performed by the spouse of the student and immediately before beginning to perform the employment, the spouse is advised that:

(i) the employment is under a program of the educational institution to provide financial assistance to the student; and

(ii) the employment is not covered employment.

(c) (1) Except as provided in paragraph (2) of this subsection, employment is not covered employment if:

(i) the individual who performs the employment is enrolled for credit at a nonprofit or public educational institution that normally has a regular faculty and curriculum and a regularly organized body of students in attendance at the place where its educational activities are carried on;

(ii) the employment is an integral part of a full–time program taken for credit at the educational institution that combines academic instruction with work experience; and

(iii) the educational institution has certified to the employer the application of this paragraph.

(2) Employment that an individual performs as part of a program that an educational institution establishes for or on behalf of an employer is covered employment.
Md. Code, Natural Resources § 8-1801 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1801
§8–1801.
Status: in_force

(a) The General Assembly finds and declares that:

(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries are natural resources of great significance to the State and the nation, and their beauty, their ecological value, and their economic impact all reach far beyond any one local jurisdiction;

(2) The shoreline and adjacent lands, particularly the buffer areas, constitute a valuable, fragile, and sensitive part of this estuarine system, where human activity can have a particularly immediate and adverse impact on water quality and natural habitats;

(3) The capacity of these shoreline and adjacent lands to withstand continuing demands, including climate change, without further degradation to water quality and natural habitats is limited;

(4) Human activity is harmful in these shoreline areas, where the new development of nonwater–dependent structures and uses or an increase in lot coverage is presumed to be contrary to the purpose of this subtitle, because these activities may cause or amplify adverse impacts, of both an immediate and a long–term nature, to the Chesapeake and the Atlantic Coastal Bays, and thus it is necessary wherever possible to maintain a buffer of at least 100 feet landward from the mean high water line of tidal waters, tributary streams, and tidal wetlands;

(5) National studies have documented that the quality and productivity of the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative effects of human activity that have caused increased levels of pollutants, nutrients, and toxics in the Bay system and declines in more protective land uses such as forestland and agricultural land in the Bay region;

(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and their tributaries within Maryland are particularly stressed by the continuing population growth and development activity concentrated in the Baltimore–Washington metropolitan corridor and along the Atlantic Coast;

(7) The quality of life for the citizens of Maryland is enhanced through the restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic Coastal Bays and their tributaries in a manner in which burdens and benefits are distributed equitably;

(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and their tributaries is dependent, in part, on minimizing further adverse impacts to the water quality and natural habitats of the shoreline and adjacent lands, and enhancing the natural resources in the Critical Area, particularly in the buffer;

(9) The cumulative impact of current development and of each new development activity in the buffer is inimical to these purposes, and it is therefore imperative that State law protect irreplaceable State buffer resources from unpermitted activity;

(10) There is a critical and substantial State interest for the benefit of current and future generations in fostering more sensitive development and more effective enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water quality and natural habitats;

(11) There is a critical and substantial State interest in developing policies and strategies to better mitigate, prepare for, and adapt to the consequences of climate change along the State’s shorelines, including sea level rise, storm surge, precipitation–induced flooding, and other extreme weather events and to enhance the resilience of the State’s shorelines by identifying, restoring, creating, and conserving existing natural and nature–based features;

(12) There is a critical and substantial State interest in ensuring the equitable distribution of the benefits and burdens of development, restoration, mitigation, and conservation along the State’s shorelines and in ensuring equitable representation and participation in these processes; and

(13) The inclusion of incentive–based programs to ensure development is compatible with projected climate impacts and coastal hazards is vital to the State’s goal of addressing climate resiliency.

(b) It is the purpose of the General Assembly in enacting this subtitle:

(1) To establish a Resource Protection Program for the Chesapeake and the Atlantic Coastal Bays and their tributaries by fostering more sensitive development activity for certain shoreline areas so as to minimize damage to water quality and natural habitats; and

(2) To implement the Resource Protection Program on a cooperative basis between the State and affected local governments, with local governments establishing and implementing their programs in a consistent, uniform, and equitable manner subject to State and local leadership, criteria, and oversight.
Md. Code, Education § 8-704.1 — MD Code / Article ged / Title 8 / Subtitle 7 / Section 8-704.1
§8–704.
Status: in_force

§8–704.1.

(a) The Department may contract with an operator who meets the requirements of § 8–704 of this subtitle to provide at–risk youth in the State enrolled in grade 7 or higher with the opportunity to participate in a program.

(b) The program under this section may be a part of the program under § 8–704 of this subtitle.

(c) The operator shall submit a plan to the Department to enroll students in grade 7 or higher that includes:

(1) All grade levels from which students shall be enrolled;

(2) The time frame during which enrollment shall occur;

(3) The circumstances under which an operator shall enroll students;

(4) The process by which students shall be selected;

(5) If applicable, a description of how students shall be integrated into an existing educational curriculum and residential student life; and

(6) Any other information requested by the Department.

(d) The Department shall review and approve the plan if it is consistent with the educational purposes of this subtitle.
Md. Code, Correctional Services § 8-413 — MD Code / Article gcs / Title 8 / Subtitle 4 / Section 8-413
§8–413.
Status: in_force

If an individual legally detained and confined in a correctional institution in this State, who, by reason of application of the Agreement, is delivered into temporary custody of a party state as provided in § 8-407 of this subtitle (Article V of the Agreement) and subsequently escapes or attempts to escape from the temporary custody, the escape or attempt to escape shall be punishable under the laws of this State as if the individual had escaped or attempted to escape from a correctional institution in this State.
Md. Code, Health Occupations § 8-317 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-317
§8–317.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8–312 or § 8–316 of this subtitle or § 8–404, § 8–6C–20, or § 8–6D–10 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing.

(d) The person may be represented at the hearing by counsel.

(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(f) (1) Over the signature of the president, the executive director, or the deputy director as authorized by the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(2) If a person, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.

(g) (1) After the Board conducts an investigation under this title, the Board may issue an advisory letter to the licensee or holder of a multistate licensing privilege.

(2) The Board may disclose an advisory letter issued under this subsection to the public.

(3) The issuance of an advisory letter under this subsection may not:

(i) Be considered a disciplinary action under § 8–316 of this subtitle; and

(ii) Be reported to any licensing entity, employer, or insurance company as a disciplinary action.
Md. Code, Transportation § 8-323 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-323
§8–323.
Status: in_force

(a) After the plats are filed for record, the Commission immediately shall:

(1) File, in the court for the county in which the property to be acquired is located, a petition for condemnation that includes:

(i) The name and address of the property owner;

(ii) The location of the property to be acquired; and

(iii) The estimated fair value of the property to be acquired and estimated fair compensation for any damage resulting to the remaining property of the owner; and

(2) Pay to the owner of the property or into the court for the owner’s benefit, the estimated fair value and fair compensation specified in the petition.

(b) On written request to the clerk of the court, the property owner is entitled to receive any amount paid into the court for the property owner’s benefit, within 10 business days of the request, without prejudice to any of the property owner’s rights, if the property owner agrees to repay to the Commission any excess of that amount over the final award that is allowed in the subsequent condemnation proceedings.

(c) A payment made under this section does not limit in any way the amount of the final award that may be allowed in the subsequent condemnation proceedings.
Md. Code, Tax - Property § 8-418 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-418
§8–418.
Status: in_force

(a) After any personal property that is subject to assessment by § 8-417(d) of this subtitle as escaped property is assessed, the Department shall determine if:

(1) the owner failed to report accurately the cost or other information as to the escaped property; and

(2) the failure to report accurately caused the escaped property to be assessed at less than its value.

(b) (1) Notice of the assessment of escaped property under § 8-417(d) of this subtitle and the imposition of any penalty under § 14-705 of this article shall be given as provided by § 14-402 of this article.

(2) The notice shall separately state:

(i) the assessment of the escaped property; and

(ii) the penalty imposed under § 14-705 of this article.
Md. Code, Land Use § 8-103 — MD Code / Article glu / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) The preservation of a designated structure under this title includes preservation of an associated:

(1) natural land formation; and

(2) appurtenance and environmental setting.

(b) This title may not be construed to prevent routine maintenance, customary farming operations, or landscaping that does not have a material effect on the historic, archaeological, or architectural significance of a designated site, structure, or district.
Md. Code, Labor and Employment § 8-503 — MD Code / Article gle / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

The Lower Appeals Division shall hear and decide appeals from:

(1) the determinations of the claims examiners; and

(2) review determination decisions.
Md. Code, Natural Resources § 8-1811 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1811
§8–1811.
Status: in_force

(a) From the effective date of a program approved or adopted by the Commission, a project approval that involves land located in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area may not be granted unless the project approval is consistent and complies with the program.

(b) (1) The Commission shall adopt regulations identifying those classes of applications for project approval of which the Commission wishes to receive notice.

(2) From the date designated by the Commission in approving or adopting a program, an applicant for project approval or the local agency authorized to grant project approval on an application in any of the identified classes shall send to the Commission in accordance with the regulations and any other instructions of the Commission, a copy of every pending or new application for approval that is in any of the identified classes. Before the close of the fifth business day after receipt of a copy of an application from the local approving authority, the Commission shall send written notice of receipt to the applicant and to the local approving authority. A failure of the Commission to send a timely notice shall render paragraph (3) of this subsection inapplicable as to that application.

(3) The local approving authority may not process an application of which a copy must be sent to the Commission until the local approving authority has received notice of receipt from the Commission, and any action of the local approving authority in violation of this paragraph shall be void.
Md. Code, Agriculture § 8-7A-05 — MD Code / Article gag / Title 8 / Subtitle 7A / Section 8-7A-05
§8–7A–05.
Status: in_force

The Secretary may take all reasonable actions to protect the interests of the Department in its investments, collateral, loans, grants, and other property or interests relating to financing transactions, including forgiving a loan, expending funds from its general and special funds to acquire, dispose of, operate, protect, enhance, or maintain collateral or liens.
Md. Code, Agriculture § 8-1008 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1008
§8–1008.
Status: in_force

(a) (1) At least once every 3 years within the 10–year certification period:

(i) The Department shall require an on–site inspection, as defined by regulations adopted under this subtitle, of each agricultural operation certified under this subtitle to assure the agricultural operation continues to meet the requirements of this subtitle; and

(ii) The Department of the Environment shall, if applicable, assure compliance with laws, regulations, permits, or other requirements administered by the Department of the Environment.

(2) The inspections required under paragraph (1) of this subsection shall be conducted by a certified verifier determined by the Department.

(b) The certified verifier conducting the on–site inspection shall provide:

(1) A report to the Department detailing the agricultural operation’s compliance with program requirements, including:

(i) Efforts to manage soil conservation and water quality; and

(ii) Nutrient application, including location, rate, source, and timing, by crop; and

(2) Notice to the certified agricultural operation at the time of the on–site inspection of all new State and local laws and regulations enacted or adopted since the date of certification.

(c) Following the third on–site inspection in the 10–year certification period, the certified verifier who conducted the most recent on–site inspection shall provide information to the Department, the Department of the Environment as applicable, and the certified agricultural operation on best management practices applicable to the operation and necessary for the agricultural operation to comply with new laws, regulations, or rules adopted or enacted after the date of certification and necessary for recertification.
Md. Code, Courts and Judicial Proceedings § 8-106 — MD Code / Article gcj / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) Nothing in this title restricts the inherent authority of a trial judge with regard to jurors.

(b) Except as to a constitutional question, nothing in this title constitutes a ground for postconviction relief under Title 7 of the Criminal Procedure Article.

(c) Nothing in this title bars a circuit court from using a single procedure for qualification and summonsing as its jury plan authorizes.
Md. Code, Labor and Employment § 8-627 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-627
§8–627.
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, on request of the Secretary, an employing unit shall provide to the Secretary a report of the separation from employment of an individual.

(2) An employing unit who submits a separation notice under this subsection shall:

(i) complete the notice on a form or in a manner that the Secretary requires; and

(ii) submit the notice no later than the 8th calendar day after the day of the request.

(3) On request, an employing unit who submits a separation notice under this subsection also shall submit to the Secretary a report of the wages of any of its employees.

(b) (1) An employing unit shall submit to the Secretary a single notice for a group of employees if the employing unit lays off at least 25 employees for the same reason at or about the same time in a single establishment for a period that is permanent, indefinite, or expected to exceed 7 days.

(2) A notice under this subsection shall:

(i) state the reason for the layoff; and

(ii) list the name and Social Security number of each employee whom the layoff affects.

(c) (1) An employing unit shall submit to the Secretary a single notice for a group of employees who become unemployed because of a labor dispute.

(2) A notice under this subsection shall:

(i) state the existence of the labor dispute without any statement about the nature of the dispute; and

(ii) list the name and Social Security number of each employee whom the labor dispute affects.

(d) If the Secretary finds that the character or type of employment makes application of this section to a class of employers unreasonably onerous or impractical, the Secretary by regulation may exempt the class from the requirements of this section.

(e) (1) An employer that fails to submit a separation notice or report of wages under subsection (a) of this section is subject to a penalty of $15 for each notice unless the Secretary waives the penalty for cause.

(2) An employer that submits a check or other negotiable instrument returned for insufficient funds in payment of any penalty under this subsection is subject to an additional penalty of $25.
Md. Code, Business Regulation § 8-302.1 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-302.1
§8–302.
Status: in_force

§8–302.1.

(a) An applicant for a contractor license shall maintain general liability insurance in the amount of at least $500,000.

(b) A licensed contractor shall maintain general liability insurance in the amount of at least $500,000.
Md. Code, Transportation § 8-807 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-807
§8–807.
Status: in_force

(a) The Administration may not issue a license under this subtitle for the establishment, operation, or maintenance of any new junkyard, automotive dismantler and recycler facility, or scrap metal processing facility or for the expansion of any existing junkyard, automotive dismantler and recycler facility, or scrap metal processing facility if any part of the junkyard or facility is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, unless the junkyard or facility is:

(1) Screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the highway;

(2) Otherwise not visible from the main traveled way of the highway;

(3) Located in an area that is zoned for industrial use under authority of local law; or

(4) Located in an area that is not zoned for industrial use, but that is used for industrial activities as determined by the Administration with the approval of the United States Secretary of Transportation under the federal Highway Beautification Act of 1965.

(b) This section does not permit the Administration to preempt any zoning act or ordinance of any political subdivision. If a political subdivision later zones any area for a use that conflicts with a determination of the Administration, the determination of the Administration is void.
Md. Code, Insurance § 8-437 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-437
§8–437.
Status: in_force

(a) A society may create, maintain, and operate charitable, benevolent, or educational institutions for the benefit of:

(1) society members;

(2) families and dependents of society members; and

(3) children insured by the society.

(b) (1) For the purposes of an institution authorized by subsection (a) of this section, a society may own, hold, or lease personal or real property inside or outside the State.

(2) The property shall be reported in each annual statement of the society, but may not be allowed as an admitted asset of the society.

(c) (1) Subject to paragraph (2) of this subsection, a society may charge a reasonable fee for maintenance, treatment, and proper attendance in an institution authorized by subsection (a) of this section.

(2) A society may not operate an institution authorized under subsection (a) of this section for profit.

(d) A society may not own or operate a funeral home or undertaking establishment.

(e) A society shall maintain a separate accounting for any income and disbursements under this section and report them in its annual statement.

(f) The purposes of a society as specified in its laws, and as provided in this section and § 8-411(c)(2) of this subtitle, may be carried out:

(1) directly by the society; or

(2) indirectly:

(i) with respect to activities regulated by the Insurance Commissioner, through a subsidiary or affiliate operating under a certificate of authority, certificate of qualification, or other license issued by the Commissioner; and

(ii) for all other activities, through subsidiary corporations and affiliated organizations.
Md. Code, State Government § 8-205.1 — MD Code / Article gsg / Title 8 / Subtitle 2 / Section 8-205.1
§8–205.
Status: in_force

§8–205.1.

(a) Except as provided in § 1–203(c) of the Health Occupations Article, the secretary of each principal department shall supervise each unit of State government within the secretary’s jurisdiction that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit in order to:

(1) prevent unreasonable anticompetitive actions by the unit; and

(2) determine whether the decisions and actions of the unit further a clearly articulated State policy to displace competition in the regulated market.

(b) If the secretary or the secretary’s designee finds that a proposed decision or action of the unit may result in an unreasonable anticompetitive decision or may not further a clearly articulated State policy to displace competition in the regulated marketplace, the secretary or the secretary’s designee shall:

(1) review the merits of the proposed decision or action;

(2) assess whether the proposed decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

(3) issue expeditiously a written decision approving, disapproving, or modifying the proposed decision or action or remanding the proposed decision or action back to the unit for further review before:

(i) a final decision is issued; or

(ii) the proposed action is implemented.

(c) The secretary or the secretary’s designee may not approve a decision or an action of a unit that does not further a clearly articulated State policy to displace competition in the regulated market.

(d) A decision or an action of a unit may not constitute a final decision or action of the unit until after the secretary or the secretary’s designee has conducted the review required under subsection (b) of this section.

(e) A final decision or action of a unit shall comply with the written decision of the secretary or the secretary’s designee issued in accordance with subsection (b) of this section.

(f) Neither the secretary nor the secretary’s designee may be an individual who is appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review under subsection (b) of this section.

(g) A regulation adopted to carry out this section shall be drafted in consultation with stakeholders and other interested parties.
Md. Code, Health Occupations § 8-6C-16 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-16
§8–6C–16.
Status: in_force

(a) Subject to subsection (c) of this section, the Board shall issue a license to an applicant who:

(1) Meets the requirements of this subtitle; and

(2) Pays a fee set by the Board.

(b) The Board shall include on each license that the Board issues a designation of licensed direct–entry midwife.

(c) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 8–303 of this title, in determining whether to grant a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 8–303 of this title has not been received.
Md. Code, Business Regulation § 8-611 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-611
§8–611.
Status: in_force

A licensee may not violate:

(1) a building law of the State or a political subdivision of the State;

(2) a safety or labor law of the State;

(3) the Maryland Workers’ Compensation Act; or

(4) the lead paint abatement accreditation requirement under § 6–1002 of the Environment Article or any regulation adopted under that section.
Md. Code, State Personnel and Pensions § 8-109 — MD Code / Article gsp / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

(a) Subject to the approval of the Governor, the Secretary at any time may decrease the pay rate for any class included in:

(1) the Standard Pay Plan; or

(2) except for a position for which pay is set by a unit with independent pay-setting authority, the Executive Pay Plan.

(b) A decrease of a pay rate under this section applies to all employees in the affected class.
Md. Code, Health Occupations § 8-6C-18 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-18
§8–6C–18.
Status: reserved

(a) A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.

(b) A license may not be renewed for a term longer than 2 years.

(c) (1) At least 3 months before a license expires, the Board shall send to the licensee a renewal notice by:

(i) First–class mail to the last known mailing address of the licensee; or

(ii) Electronic means to the last known electronic address of the licensee.

(2) A renewal notice shall state:

(i) The date on which the current license expires;

(ii) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(iii) The amount of the renewal fee.

(d) Except as otherwise provided in this subtitle, before a license expires, the licensee periodically may renew it for an additional term if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Pays to the Board a renewal fee set by the Board; and

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with any continuing education or other competency requirements set under this subtitle for license renewal.

(e) In addition to any other qualifications and requirements established by the Board for license renewal, the Board shall require:

(1) 20 accredited and Board–approved continuing education units to be completed every 2 years;

(2) 4 hours of peer review in accordance with NARM standards for official peer review to be completed every 2 years; and

(3) Submission of the annual reports required under § 8–6C–10(a) of this subtitle.

(f) Subject to subsection (l) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.

(g) The Board shall place a licensee on inactive status if the licensee:

(1) Fails to provide satisfactory evidence of compliance with any continuing education requirements set under this section for license renewal; or

(2) Fails to submit the annual report required under § 8–6C–10(a) of this subtitle.

(h) The Board shall place a licensee on inactive status if the licensee submits to the Board:

(1) An application for inactive status on the form required by the Board; and

(2) The inactive status fee set by the Board.

(i) The Board shall reactivate the license of an individual who is on inactive status if the individual:

(1) Complies with any continuing education and data reporting requirements established by the Board for this purpose;

(2) Pays to the Board a reactivation fee set by the Board; and

(3) Is otherwise entitled to be licensed.

(j) The Board, in accordance with its regulations, shall reinstate the license of an individual who has failed to renew the license for any reason if the individual:

(1) Is otherwise entitled to be licensed;

(2) Complies with any continuing education and data reporting requirements established by the Board for this purpose;

(3) Pays to the Board a reinstatement fee set by the Board;

(4) For an expired license or lapsed license that has been expired or lapsed for more than 1 year, completes a criminal history records check in accordance with § 8–303 of this title; and

(5) Applies to the Board for reinstatement of the license within 5 years after the license expires.

(k) (1) The Board may not reinstate the license of a licensed direct–entry midwife who fails to apply for reinstatement of the license within 5 years after the license expires.

(2) The individual may become licensed by meeting the current requirements for obtaining a new license under this subtitle.

(l) (1) A licensee shall submit to an additional criminal history records check every 12 years.

(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 8–303 of this title, in determining whether to renew a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(3) The Board may not renew a license if the criminal history record information required under § 8–303 of this title has not been received.
Md. Code, Real Property § 8-217 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-217
§8–217.
Status: in_force

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

(2) “Landlord” means the owner of a senior apartment facility.

(3) (i) “Senior apartment facility” means an apartment building or complex that:

1. Contains four or more individual dwelling units; and

2. Is housing for older persons as defined in 42 U.S.C. § 3607.

(ii) “Senior apartment facility” does not include a nursing home or an assisted living facility.

(b) (1) At least 180 days before converting a senior apartment facility into an apartment facility for the general population, the landlord shall provide each tenant of the senior apartment facility with written notice of the conversion.

(2) The notice shall include:

(i) A statement that the senior apartment facility will be converted into an apartment facility for the general population;

(ii) The date on which the conversion will take place; and

(iii) A statement that the tenant has the right to terminate the lease at any time before the conversion date, provided that the tenant gives the landlord at least 1 month’s written notice.

(c) Notwithstanding the terms of the lease, the landlord:

(1) Shall allow any tenant who requests to move before the conversion date to terminate the tenant’s lease after giving at least 1 month’s written notice to the landlord; and

(2) May not withhold any portion of a tenant’s security deposit for rent that would have become due under any remaining term of the lease after termination under this section.

(d) To the extent that a violation of any provision of this section affects a tenant of a senior apartment facility, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.
Md. Code, Insurance § 8-605.1 — MD Code / Article gin / Title 8 / Subtitle 6 / Section 8-605.1
§8–605.
Status: in_force

§8–605.1.

(a) At the time of each application for a viatical settlement, a viatical settlement broker shall provide to the viator a written disclosure that, at a minimum, contains a description of the services required by statute to be provided by the viatical settlement broker to the viator.

(b) A viatical settlement broker may not purchase a policy that is the subject of a viatical settlement brokerage contract between the viatical settlement broker and a viator directly or indirectly through:

(1) a person owning or controlling an interest in the viatical settlement broker; or

(2) a person in which any interest is owned or controlled by the viatical settlement broker.

(c) A viatical settlement broker shall submit to the viator all offers, counteroffers, acceptances, and rejections relating to the placement of the viator’s policy within 72 hours after receipt by the viatical settlement broker.

(d) (1) A viatical settlement broker shall provide to the viator a written disclosure of the amount and method of calculating the viatical settlement broker’s compensation, including anything of value received by a viatical settlement broker for the placement of a policy.

(2) A viatical settlement broker shall provide the disclosure required under this subsection no later than 72 hours before the viatical settlement contract is signed by all parties to the contract.
Md. Code, State Government § 8-202 — MD Code / Article gsg / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: reserved

(a) (1) Unless placed by law or expressly exempted from placement by law, the officers and units in the Executive Branch of the State government that are not principal departments may be placed by the Governor in any principal department.

(2) Unless expressly exempted from placement by law, an interstate, regional, or other intergovernmental unit in which the State participates shall be placed in the appropriate principal department.

(b) Notwithstanding the placement of a unit in a principal department:

(1) the powers and duties that are assigned by law to the unit are not changed;

(2) a State officer or State employee who is not in the State Personnel Management System and is transferred with the unit remains exempt from the provisions of the State Personnel and Pensions Article unless the officer or the employee is placed in the State Personnel Management System in accordance with those provisions; and

(3) the head of a unit who is in the State Personnel Management System or holds the position other than at the pleasure of the Governor does not cease to be in the State Personnel Management System or to hold the position other than at the pleasure of the Governor.
Md. Code, State Government § 8-405 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

On or before the 10th day of the regular session of the General Assembly in the year after the evaluation of a governmental activity or unit has been completed, the committees of jurisdiction for the governmental activity or unit shall hold a public hearing to receive testimony on the evaluation report from the Department, the unit under evaluation or responsible for the governmental activity under evaluation, and the public.
Md. Code, Family Law § 8-211 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-211
§8–211.
Status: in_force

An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.
Md. Code, State Finance and Procurement § 8-140 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-140
§8–140.
Status: in_force

The loans outstanding under this Part V of this subtitle may not exceed a total principal amount of $100,000,000.
Md. Code, Criminal Law § 8-206 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) A person may not for the purpose of obtaining money, goods, services, or anything of value, and with the intent to defraud another, use:

(1) a credit card obtained or retained in violation of § 8–204 or § 8–205 of this subtitle; or

(2) a credit card that the person knows is counterfeit.

(b) A person may not, with the intent to defraud another, obtain money, goods, services, or anything of value by representing:

(1) without the consent of the cardholder, that the person is the holder of a specified credit card; or

(2) that the person is the holder of a credit card when the credit card had not been issued.

(c) (1) (i) If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $1,500 but less than $25,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(ii) If the value of all money, goods, services, and other things of value obtained in violation of this section is at least $25,000 but less than $100,000, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both.

(iii) If the value of all money, goods, services, and other things of value obtained in violation of this section is $100,000 or more, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

(2) Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section is at least $100 but less than $1,500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(3) If the value of all money, goods, services, and other things of value obtained in violation of this section is less than $100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
Md. Code, State Personnel and Pensions § 8-307 — MD Code / Article gsp / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

(a) By regulations consistent with the federal Fair Labor Standards Act, the Secretary may provide for employees who otherwise would be entitled to payment for overtime work to elect to receive compensatory time instead.

(b) These regulations shall provide that an employee who elects to receive compensatory time must notify the employee's supervisor of that election before the overtime work is performed.

(c) Compensatory time under this section shall equal:

(1) 1 hour for each hour of overtime work for which the employee otherwise would receive the employee's regular hourly rate of pay; and

(2) 1.5 hours for each hour of overtime work for which the employee otherwise would receive one and one-half times the employee's regular hourly rate of pay.
Md. Code, Natural Resources § 8-1923.1 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1923.1
§8–1923.
Status: in_force

§8–1923.1.

(a) This section applies to programs developed to implement climate mitigation and clean energy projects under § 8–1920 of this subtitle.

(b) (1) The Trust and qualified organizations shall principally recruit individuals for a minimum 6–month commitment, who, at the time of enrollment, are at least 18 years old and under the age of 26 years.

(2) Qualified organizations may not undertake a project if the project would replace regular workers or duplicate or replace an existing service in the same locality.

(3) A Corps member may receive a stipend.

(4) Stipends for Corps members shall include monetary payments of at least $15 per hour.

(c) In developing its programs and seeking federal and State grants, the Trust and the Corps Board shall:

(1) Coordinate efforts with the Maryland Corps Program established under § 24–1102 of the Education Article;

(2) Coordinate efforts with the Maryland Conservation Corps to engage young adults in conservation service projects;

(3) Seek assistance and advice from relevant public and private sources; and

(4) Explore opportunities for initiating a college–level campaign to engage with community colleges, historically black colleges and universities, and other institutions of higher education in the State.

(d) In developing clean energy infrastructure and educational programs, the Trust and the Corps Board shall seek assistance from and cooperate with the Maryland Clean Energy Center under Title 10, Subtitle 8 of the Economic Development Article.

(e) In developing its Corps member programs, the Corps Board shall seek assistance from and cooperate with:

(1) The Maryland Service Corps and the Governor’s Office on Service and Volunteerism under Title 9.5, Subtitle 2 of the State Government Article;

(2) The Department of Commerce and other appropriate units of State government and private sector entities to develop opportunities for student participation in private–sector activities, such as internship and externship programs; and

(3) Community colleges, 4–year colleges, and universities in the State to develop opportunities for course credit arrangements through which Corps members may earn course credits for participation in the Corps Program as an alternative to or in addition to payment of a stipend.
Md. Code, Real Property § 8-320 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-320
§8–320.
Status: in_force

(a) Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale and payment of the rent claim and all costs, it shall be returned to the tenant or paid as provided by order of the court. The cost of returning unsold goods to the premises, if removed, shall be included as costs of the sale.

(b) Before any distrainable goods of others are sold at a sale, the goods of the tenant shall be sold first and in their entirety, if necessary, to satisfy the claim for rent and costs. The sale of goods of others shall be made only to the extent necessary to satisfy the rent claim and all costs.

(c) If any surplus money or unsold goods remain in the possession of an officer on completion of proceedings in an action of distress and after payment of all claims and costs incurred, a judgment creditor or other person claiming a right to the money or goods may petition the court in which the action was brought for payment of the creditor’s or claimant’s judgment or claim out of the excess of money or goods, plus court costs expended by the creditor or claimant. After a hearing on the petition, the court may direct payment of the money or goods or order the sale of goods in the same manner and after proceedings similar to those in attachment or execution. Any exemption allowed by law is permitted in these proceedings if claimed.
Md. Code, Natural Resources § 8-744 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-744
§8–744.
Status: in_force

(a) In this section, “for–hire water carrier” means a vessel used to accept or solicit passengers for:

(1) Transportation between points along State waters in exchange for remuneration; and

(2) Sightseeing and touring in State waters in exchange for remuneration.

(b) Before the Department registers a for–hire water carrier, the Department shall require the for–hire water carrier to show, to the Department’s satisfaction, that the water carrier holds an insurance policy or a bond in an amount that is required of a motor vehicle carrying the same number of passengers in accordance with COMAR 20.95.01.18.

(c) The Department may adopt regulations to implement this section.
Md. Code, Education § 8-406 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) In this section, “wraparound services”:

(1) Means individualized services, excluding regular school programs or services, that are provided to a child with a disability and the child’s family; and

(2) Includes the following services:

(i) Behavioral aide in home;

(ii) Education tutoring;

(iii) Family therapy;

(iv) Medication management;

(v) Respite care;

(vi) Vocational mentoring; and

(vii) Environmental accessibility adaptations.

(b) (1) A child with a disability who needs special education and related services that cannot be provided in a public county, regional, or State program shall be placed in an appropriate nonpublic educational program that offers these services.

(2) A child with a disability who needs special education and related services is eligible for an appropriate nonpublic educational placement under this section if a State or local agency provides documentation that the child cannot attend a public school in the local school system:

(i) Because of the child’s home circumstances; or

(ii) Subject to subsection (d)(1) and (2) of this section, because of medical necessity.

(c) (1) The cost of the nonpublic educational program shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, as appropriate.

(2) Subject to availability of funding in the State budget, for a child who qualifies for a nonpublic educational program under subsection (b)(2) of this section and who requires wraparound services in order to receive special education and related services in the least restrictive environment, the cost of providing the services shall be paid by the State and the county in which the child is domiciled in accordance with § 8-415(d) of this subtitle, if a State or local agency documents that the child’s parent or legal guardian is unable to provide the wraparound services.

(d) (1) Payment or reimbursement for a nonpublic program may not be provided if the payment or reimbursement would require an additional contribution from the State under § 8-415(d)(2) of this subtitle unless the Department approves:

(i) The nonpublic program;

(ii) The placement of the child in the program;

(iii) The cost of the program; and

(iv) The amount of payment or reimbursement.

(2) For wraparound services, payment or reimbursement may not be provided in accordance with § 8-415(d) of this subtitle if:

(i) The child is eligible for funding for out-of-state placement of children under departmental regulations; or

(ii) Alternative federal, State, or local funding is available.

(3) Department approval is not required for a nonpublic program if:

(i) The local school system approves the placement of the child in the program; and

(ii) The local school system makes the payment or reimbursement from local funds.

(4) The State Board shall adopt regulations that establish standards and guidelines for approvals required by paragraph (3) of this subsection.

(e) A nonpublic placement recommended by a local school system for approval under subsection (d)(1) of this section shall be approved or disapproved pursuant to the regulations of the State Board. However, the Department may not disapprove a nonpublic placement recommended by a local school system for a child unless the Department provides an appropriate alternative placement in conformity with the regulations of the State Board and applicable federal laws and regulations. The Department may not terminate funding for the last approved nonpublic placement of a child during the pendency of an administrative or judicial review of a recommended placement change.

(f) In addition to meeting the requirements of this subtitle, a local school system seeking nonpublic tuition payment shall obtain funding approval from the local coordinating council and the State Coordinating Council in accordance with departmental regulations.

(g) The Department shall adopt regulations to carry out the provisions of this section.
Md. Code, Tax - Property § 8-109 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

(a) The Department shall annually value the operating unit of a public utility on the basis of the value of the operating property of the public utility, by considering:

(1) the earning capacity of the operating unit; and

(2) all other factors relevant to a determination of value of the operating unit.

(b) The Department shall allocate to this State the value of that part of the operating unit that is reasonably attributable to the part located in this State.

(c) (1) From the value allocated to this State under subsection (b) of this section, the Department shall deduct:

(i) the fair average value of fuel that represents the percentage reduction or exemption authorized by §§ 7–108, 7–222, and 7–226 of this article; and

(ii) the assessment of operating property, if any, that is exempt by law from property tax.

(2) (i) The value remaining after making the deductions shall be divided into an operating real property value and an operating personal property value, as determined by the Department.

(ii) The value of operating real property is the assessment of operating real property of a public utility.

(iii) The value of operating personal property is the assessment of operating personal property of a public utility.

(3) Operating land of a public utility is valued and assessed by the Department as part of the operating unit and is not valued and assessed by the supervisor.

(4) The provisions of this subsection are not intended to alter the law as codified in former Article 81 of the Code that was in effect as of January 31, 1986.

(5) Returns, notices, and appeals of operating property assessments shall be administered pursuant to the sections of this article governing personal property assessments.

(d) For operating property of a public utility, the Department shall apportion the assessment of that operating property among the counties and municipal corporations where the operating property is located.

(e) (1) In determining whether to classify a company as a public utility, the Department shall consider and evaluate whether the company:

(i) is subject to the authority of a regulatory body of the State or the federal government, such as the Maryland Public Service Commission, the Federal Communications Commission, or the Federal Energy Regulatory Commission;

(ii) uses a significant portion of the real and personal property used in its business operations as an integrated whole or unit;

(iii) provides a basic service to the public; and

(iv) owns or uses assets that are most appropriately appraised using the unit valuation method.

(2) Notwithstanding a company’s failure to meet all of the criteria under paragraph (1) of this subsection, the Department may classify the company as a public utility if the Department determines that the company predominantly meets the criteria.

(f) The Department may adopt regulations to carry out the provisions of this section.
Md. Code, Natural Resources § 8-1301 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1301
§8–1301.
Status: in_force

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

(b) (1) “Duly designated agency” means any public body corporate, whether exercising local or regional authority, in any of the counties listed in § 8-1303 of this subtitle, which shall be officially designated by either or any of the counties which executes the programs and purposes of this subtitle within any of the counties.

(2) However, in Montgomery and Prince George’s counties, the Maryland-National Capital Park and Planning Commission is the duly designated agency of these counties to carry out the provisions of this subtitle.

(c) “Watershed” means the Patuxent River Watershed.
Md. Code, Transportation § 8-321 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-321
§8–321.
Status: in_force

(a) The plats and estimates prepared by the Administration require approval by a resolution of the Commission.

(b) If the plats and estimates are approved by the Commission:

(1) The Chairman of the Commission shall sign the cover sheet of each set of plats; and

(2) A set of plats and its signed cover sheet shall be filed for record with:

(i) The secretary of the Commission; and

(ii) The State Archives.

(c) (1) The secretary of the Commission shall record the plats filed with him.

(2) Plats filed with the State Archives shall be electronically recorded as provided in § 9-1011 of the State Government Article.
Md. Code, Public Utilities § 8-401 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

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

(b) “Hold order” or “freeze” means a directive to retain:

(1) the telephone company or reseller selected by a customer until the customer provides express authorization for a change to another telephone company or reseller;

(2) for telecommunications service options for which the telephone company or reseller imposes a charge, the telecommunications service options selected by a customer until the customer provides express authorization for a change of telecommunications service options; or

(3) the person who bills the customer or the customer’s billing arrangement until the customer provides express authorization for a change of the person who bills the customer or the customer’s billing arrangement.

(c) “Reseller” means a person who:

(1) provides telecommunications services to end-use customers by using the transmission facilities of another person, including wire, cable, optical fiber, or satellite or terrestrial radio signals, regardless of whether the reseller possesses its own switching facilities; or

(2) bills an end-use customer or causes the customer to be billed for telecommunications service.

(d) “Telecommunications service” means any service or product provided by a telephone company or reseller that is under the jurisdiction of the Commission.
Md. Code, Correctional Services § 8-803 — MD Code / Article gcs / Title 8 / Subtitle 8 / Section 8-803
§8–803.
Status: in_force

(a) Words or phrases in this section that describe the common–law crime of indecent exposure shall retain their judicially determined meanings except to the extent expressly or implicitly changed in this section.

(b) An incarcerated individual may not, with intent to annoy, abuse, torment, harass, or embarrass a correctional officer or authorized personnel, lewdly, lasciviously, and indecently expose private parts of the incarcerated individual’s body in the presence of the correctional officer or authorized personnel.

(c) An incarcerated individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
Md. Code, State Finance and Procurement § 8-123.4 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-123.4
§8–123.
Status: in_force

§8–123.4.

(a) Except as provided in subsection (c) of this section, in accordance with the authority to issue variable interest rate bonds under § 8-121 of this subtitle, the Board, in a resolution setting forth the terms and conditions of a State bond issue, may designate that all or a portion of the State bonds be issued as variable interest rate bonds.

(b) The Board may sell variable interest rate bonds at a private, negotiated sale on the terms and conditions that the Board determines to be most advantageous to the State.

(c) At the time of issuance, the aggregate par value of the State’s general obligation variable interest rate bonds shall comprise no more than 15% of the outstanding general obligation indebtedness of the State.
Md. Code, Agriculture § 8-902 — MD Code / Article gag / Title 8 / Subtitle 9 / Section 8-902
§8–902.
Status: in_force

(a) The Department may establish requirements for the voluntary certification and registration of nutrient or sediment credits on agricultural land, as defined by the Department of Assessments and Taxation.

(b) Certification and registration requirements established under subsection (a) of this section shall include:

(1) Application and eligibility requirements for certification;

(2) Standards for quantifying nutrient or sediment credits resulting from any existing or proposed agronomic, land use, and structural practice;

(3) Requirements governing the duration and maintenance of credits; and

(4) Establishment of a credit registry accessible to the public.
Md. Code, Criminal Law § 8-216 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

A person who violates this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $1,000 or both.
Md. Code, Real Property § 8A-402 — MD Code / Article grp / Title 8A / Subtitle 4 / Section 8A-402
§8A–402.
Status: in_force

(a) An entrance or exit fee is prohibited.

(b) A fee may not be charged:

(1) In connection with the renewal of a rental agreement; or

(2) To determine if a resident is qualified under § 8A-202(c) of this title.

(c) Except if a material change results in the deterioration of the home, a park owner may not charge a fee for inspecting a home for resale more than one time within a 12-month period.

(d) The fee for inspecting a home for resale may not exceed $60.
Md. Code, Natural Resources § 8-1314 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1314
§8–1314.
Status: in_force

(a) To acquire land and other property shown or recommended on the Watershed plan, the appropriate county governing body or its duly designated agency may apply to the Department for a grant from the local projects share of Program Open Space as provided in Title 5 of this article. The application shall conform to the requirements specified in Title 5 of this article.

(b) If funds are not available to any county named in § 8-1303 of this subtitle under Program Open Space, the Department shall include in the Department’s budget a request for funds to acquire land within the county for the purposes stated in this subtitle. The funds, when appropriated, shall be matched by the respective appropriate county governing body or its duly designated agency to acquire land or other property shown or recommended on the Watershed plan for the designated public purposes. The budget request shall itemize the Watershed land acquisition program of each county or its duly designated agency, showing total acreage proposed to be acquired during the coming fiscal year, together with an estimate of funds to be made available by each county for the acquisition.
Md. Code, State Finance and Procurement § 8-218 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-218
§8–218.
Status: in_force

(a) (1) The principal of and interest on bond anticipation notes under this Part III of this subtitle shall be payable from:

(i) the 1st proceeds of sale of the bonds; or

(ii) the tax or other revenue that the State unit has pledged to the payment of the bonds.

(2) One year’s interest on the notes, or on any renewal of the notes, accounting from the date of the initial issue of the notes, may be paid from the proceeds of sale of the notes.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, the principal of and interest on grant anticipation notes under this Part III of this subtitle shall be payable from the proceeds of the grant.

(2) The State unit may make the grant anticipation notes payable only from the proceeds of the grant and need not pledge the faith and credit or taxing power of the State unit.

(3) If the State unit does not pledge its faith and credit or taxing power, the grant anticipation notes are not a debt or a charge against the general credit or taxing power of the State unit under any constitutional provision or statutory limitation.
Md. Code, Tax - General § 8-407 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-407
§8–407.
Status: in_force

A telephone company may claim a credit against the public service company franchise tax equal to all approved and applicable federal and State tariff charges for telephone lifeline service not billed to eligible subscribers as provided in § 8–201 of the Public Utilities Article.
Md. Code, State Finance and Procurement § 8-210 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-210
§8–210.
Status: in_force

(a) A State unit authorized to issue bonds:

(1) subject to the limitations in this section and notwithstanding any other law, if the State unit determines that it is in the public interest, may issue and sell the bonds in denominations of less than $1,000, in any form; and

(2) subject to any other provision of law, may set the prices for and the interest rates to be paid on the bonds.

(b) (1) A State unit may not have bonds outstanding under this section in excess of a total principal amount of $1,000,000.

(2) The total debts of a State unit, including bonds under this section, may not exceed a limit set by law.

(c) A State unit may sell bonds issued under this section in any manner that the State unit considers appropriate, notwithstanding §§ 8-206 and 8-208 of this subtitle or any other law that requires the solicitation of competitive bids or the public sale of bonds to the highest bidder or bidders or that regulates the manner in which the sale shall be advertised or the bonds sold.

(d) (1) A State unit that issues bonds under this section shall approve a disclosure document that includes:

(i) a description of the security for the bonds;

(ii) a statement of the purposes for which the proceeds of the bonds will be used;

(iii) a description of the financial condition of the State unit;

(iv) a statement of the prices for and the interest rates to be paid on the bonds; and

(v) a statement of the times and places of payment of the principal of and interest on the bonds.

(2) The State unit shall make the disclosure document available to buyers of the bonds.
Md. Code, Real Property § 8-117 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-117
§8–117.
Status: in_force

(a) If a propane gas container with a total capacity of 25 gallons or more is placed on land, whether aboveground or underground, by a person other than the owner of the land under a lease or bailment between the landowner and the person placing the container on the land, the container is movable property during the term of the lease or bailment.

(b) During the term of the lease or bailment, the ownership of the container:

(1) Is not affected by the public or private sale of the land on which it is placed; and

(2) Is not subordinate to the rights of any purchaser of the land at the sale.
Md. Code, Tax - Property § 8-106 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) In this section, “cooperative housing corporation”, “cooperative interest”, “membership certificate”, and “proprietary lease” have the meanings provided under the Maryland Cooperative Housing Corporation Act.

(b) The value of a cooperative interest, a proprietary lease, a membership certificate, or similar items relating to an interest in a cooperative unit may be considered in determining the value of real property owned by a cooperative housing corporation or similar corporation.
Md. Code, Education § 8-507 — MD Code / Article ged / Title 8 / Subtitle 5 / Section 8-507
§8–507.
Status: in_force

(a) In this section, “basic cost” means the average amount spent by a county board from county and State funds for the public education of a nondisabled child.

(b) A county board shall reimburse the Department of Juvenile Services or the Department of Human Services the amount of the basic cost calculated under subsection (a) of this section for each child who was domiciled in the county prior to the placement if:

(1) The Department of Juvenile Services or the Department of Human Services places a child who is in State–supervised care in a nonpublic residential placement that also provides the education program for the child;

(2) The child does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of this title; and

(3) The child was included in the full–time equivalent enrollment of the county as calculated under § 5–202 of this article.
Md. Code, Tax - General § 8-101 — MD Code / Article gtg / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Company” means an association, corporation, or joint-stock company.

(c) (1) “Financial institution” means:

(i) a credit company;

(ii) except as provided in paragraph (2)(i) of this subsection, a finance company;

(iii) an international banking facility;

(iv) a loan company;

(v) a mortgage company;

(vi) a safe-deposit company; and

(vii) a savings and loan association.

(2) “Financial institution” does not include:

(i) a finance company that makes loans only to farmers for agricultural purposes;

(ii) a company licensed under the federal Small Business Investment Act of 1958;

(iii) a corporation that elects to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code;

(iv) an entity that is a real estate mortgage investment conduit as defined in the Internal Revenue Code;

(v) a limited liability company; or

(vi) a commercial bank, savings bank, trust company, or company that substantially competes with national banks in the State.

(d) “Savings and loan association” means:

(1) a savings and loan association that:

(i) is organized under the laws of this State;

(ii) is organized under the laws of another state and is admitted to do business in this State; or

(iii) is organized under the laws of the United States and has an office in this State; or

(2) a savings bank chartered by the Federal Home Loan Bank Board.

(e) (1) “Savings bank” means a company or other institution that is organized to receive deposits of money and pay interest on the deposits.

(2) “Savings bank” does not include a bank with capital stock.
Md. Code, Environment § 8-510 — MD Code / Article gen / Title 8 / Subtitle 5 / Section 8-510
§8–510.
Status: in_force

(a) In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this title, or any regulation, order, plan for compliance, registration, certificate, or license adopted or issued under this title.

(b) (1) The penalty imposed on a person under this section shall be:

(i) Up to $1,000 for each violation, but not exceeding $50,000 total; and

(ii) Assessed with consideration given to:

1. The willfulness of the violation, to the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

2. Any actual harm to human health or to the environment;

3. The nature and degree of injury to or interference with general welfare, health, and property;

4. The cost of control of the source of radiation or any emission of radiation;

5. The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety;

6. The available technology and economic reasonableness of correcting, controlling, reducing, or eliminating the situation or condition that caused the violation;

7. The degree of hazard posed by the source of radiation or the emission of radiation; and

8. The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

(2) Each day a violation occurs is a separate violation under this section.

(3) Any penalty imposed under this section is payable to this State and collectible in any manner provided at law for the collection of debts.

(4) If any person who is liable to pay a penalty imposed under this section fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:

(i) A lien in favor of this State on any property, real or personal of the person; and

(ii) Recorded in the office of the clerk of court for the county in which the property is located.
Md. Code, Education § 8-412.1 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-412.1
§8–412.
Status: reserved

§8–412.1.

(a) When a child with a disability reaches the age of 18 years, all rights accorded to parents under the federal Individuals with Disabilities Education Act shall transfer to the child if the child has not been adjudged incompetent under State law and if there is documentation that:

(1) The parents are unavailable or unknown as defined in § 8-412 of this subtitle, the child would be eligible for a parent surrogate, and the child requests that the parental rights be transferred to the child;

(2) The parents have not participated in the special education decision making process for the child after repeated attempts by the local school system to involve the parents over the previous year as described in COMAR 13A.05.01.07C(7);

(3) The parents have affirmatively rejected participation in the special education decision making process;

(4) The parents cannot participate in the special education decision making process due to prolonged hospitalization, institutionalization, or serious illness or infirmity of one or both of the parents and the parents have consented to the transfer of rights to the child;

(5) The parents cannot participate in the special education decision making process due to extraordinary circumstances beyond the control of the parents and the parents have consented to the transfer of rights to the child; or

(6) The child is living outside of the parents’ home and is not in the care or custody of another public agency as defined in § 8-412 of this subtitle.

(b) A child with disabilities who reaches the age of 18 years and is living at home with the child’s parents and whose parents do not consent to the transfer of rights to the child may file for due process in accordance with § 8-413 of this subtitle to determine whether the rights should be transferred to the child.

(c) If a child with disabilities who has reached the age of 18 years has been represented by a parent surrogate as defined in § 8-412 of this subtitle, any notice required by the federal Individuals with Disabilities Education Act shall be provided to both the child and to the parent surrogate and all other rights accorded to the parent surrogate under that Act shall transfer to the child if the child has not been adjudged incompetent under State law and the child requests that the rights transfer to the child.
Md. Code, Commercial Law § 8-305 — MD Code / Article gcl / Title 8 / Subtitle 3 / Section 8-305
§8–305.
Status: in_force

(a) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly.

(b) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by § 8-108 of this title and not an obligation that the security will be honored by the issuer.
Md. Code, Real Property § 8A-1805 — MD Code / Article grp / Title 8A / Subtitle 18 / Section 8A-1805
§8A–1805.
Status: in_force

A community owner who files an affidavit as required under § 8A–1802(b)(7) of this subtitle or a purchaser who files an affidavit as required under § 8A–1803(a) of this subtitle shall, not more than 30 days after the date of the sale:

(1) Provide notice of the affidavit to each homeowner in the manufactured housing community by first–class mail; and

(2) Post a copy of the affidavit in a public area of the manufactured housing community.
Md. Code, Health Occupations § 8-6D-11 — MD Code / Article gho / Title 8 / Subtitle 6D / Section 8-6D-11
§8–6D–11.
Status: in_force

(a) Unless authorized to practice certified midwifery under this subtitle, an individual may not represent to the public by title, description of service, method, procedure, or otherwise, that the individual is authorized to practice certified midwifery in the State.

(b) A licensee may not advertise in a manner that is unreasonable, misleading, or fraudulent.

(c) Unless authorized to practice certified midwifery under this subtitle, an individual may not use the abbreviation “CM” or use the designation “Certified Midwife” with the intent to represent that the individual practices certified midwifery in the State.

(d) Unless an individual is authorized to practice certified midwifery under this subtitle or is a licensed nurse certified as a nurse–midwife or as a direct–entry midwife under this title, an individual may not use the designation “Midwife”.
Md. Code, Agriculture § 8-8A-14 — MD Code / Article gag / Title 8 / Subtitle 8A / Section 8-8A-14
§8–8A–14.
Status: in_force

(a) (1) Each person issued a permit under this subtitle shall submit to the Department on a form that the Department requires:

(i) A semiannual written statement of the tonnage of food processing residuals utilized in conjunction with an agricultural operation in the State; and

(ii) Any other information the Department deems necessary in administering this program.

(2) The statement required under paragraph (1) of this subsection shall include utilizations for the periods January 1 through June 30 and July 1 through December 31.

(b) (1) The permit holder shall keep records necessary or required by the Department to indicate accurately the tonnage of food processing residuals utilized in conjunction with agricultural operations in the State.

(2) The Department has the right to examine the records to verify any statement of tonnage.
Md. Code, Labor and Employment § 8-1103 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1103
§8–1103.
Status: in_force

(a) (1) An extended benefit period is a period that:

(i) except as provided in paragraph (2) of this subsection, begins with the 3rd week after the 1st week for which there is a State “on” indicator but not earlier than the 14th week after the end of another extended benefit period; and

(ii) ends with the later of:

1. the 3rd week after the 1st week for which there is a State “off” indicator; or

2. the 13th consecutive week of the period.

(2) The requirement described under paragraph (1)(i) of this subsection does not apply for weeks of unemployment beginning after June 1, 2022, for which:

(i) 100% federal sharing is available; and

(ii) waiver of the requirement is authorized under federal law.

(b) (1) A State “on” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least:

(i) 5%; and

(ii) 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years.

(2) After a State “on” indicator occurs under this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is less than:

(i) 5%; or

(ii) 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years.

(c) (1) A State “on” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least 6%.

(2) After a State “on” indicator occurs under this subsection, a State “off” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, was less than 6%.

(d) A State “on” indicator under subsection (b) or (c) of this section takes precedence over a State “off” indicator under subsection (b) or (c) of this section, respectively.

(e) (1) To compute the rate of insured unemployment under subsections (b) and (c) of this section, the Secretary shall:

(i) determine the average weekly number of individuals submitting claims for regular benefits in the State for weeks of unemployment during the most recent 13 consecutive weeks based on reports of the Secretary to the United States Secretary of Labor; and

(ii) divide that number by the average monthly number of employees engaged in covered employment for the 1st 4 of the 6 completed calendar quarters ending immediately before the 13 weeks.

(2) The Secretary shall make each computation under this subsection in accordance with regulations of the United States Secretary of Labor.

(f) (1) This subsection applies only to any weeks of unemployment:

(i) beginning after June 1, 2022, for which 100% federal sharing is available; and

(ii) ending 4 weeks before the last week for which 100% federal sharing is available.

(2) A State “on” indicator for a week exists if:

(i) the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of the week is at least 6.5%; and

(ii) the average rate of total unemployment in the State, seasonally adjusted, as determined by the United States Secretary of Labor, for the 3–month period described in item (i) of this paragraph is at least 110% of that average for either or both of the corresponding 3–month periods ending in the 2 preceding calendar years.

(3) After a State “on” indicator occurs under paragraph (2) of this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, none of the circumstances described in paragraph (2) of this subsection are met.

(4) Extended benefits may not be payable based on a State “on” trigger under this subsection for any week of unemployment beginning before June 1, 2022.

(g) The Secretary shall make an appropriate public announcement whenever an “on” indicator exists that begins or an “off” indicator exists that ends an extended benefit period.
Md. Code, Natural Resources § 8-738.2 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-738.2
§8–738.
Status: in_force

§8–738.2.

(a) A person may not:

(1) Operate a vessel recklessly or in a manner that may endanger another or the property of another on a bay, creek, lake, river, or stream in the State; or

(2) Come into a wharf or bathing shore recklessly or in a manner that may endanger a person or property.

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

(1) For a first conviction, imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both; and

(2) For a second or subsequent conviction, imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
Md. Code, State Government § 8-408 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

(a) Each unit subject to termination or responsible for the governmental activity subject to termination shall ensure that legislation is requested to extend the termination date of the unit or governmental activity.

(b) Legislation requested in accordance with subsection (a) of this section may not propose a reestablishment period that exceeds 10 years.
Md. Code, State Finance and Procurement § 8-126 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-126
§8–126.
Status: in_force

(a) Whenever an appropriation from the General Fund is made in the State budget and is spent to finance any part of a project or program for which an enabling act authorizes State debt, the total State debt authorized by the enabling act is reduced by the lesser of:

(1) the amount of the appropriation; or

(2) the amount of the State debt for which State bonds have not been issued.

(b) Whenever any other funds are made available to finance any part of a project or program for which an enabling act authorizes State debt, the Governor, with the approval of the Board, may reduce the total State debt authorized by the enabling act by an amount not exceeding the amount of funds made available.

(c) The Comptroller shall submit for publication in 2 separate issues of the Maryland Register a notice that:

(1) describes the project or program for which the debt authorization is to be reduced;

(2) states the amount of the reduction;

(3) states the source of the funds on which the reduction is based; and

(4) states the chapter number and year of enactment of the enabling act and each amendment to the enabling act.

(d) A reduction under this section may become effective only after the second publication of notice in the Maryland Register.
Md. Code, Business Occupations and Professions § 8-602 — MD Code / Article gbo / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2034.
Md. Code, Labor and Employment § 8-1305 — MD Code / Article gle / Title 8 / Subtitle 13 / Section 8-1305
§8–1305.
Status: in_force

(a) Unless another penalty is provided by statute, a person who willfully violates a provision of this title or a regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.

(b) In addition to the penalty under subsection (a) of this section, a person who violates § 8–1301 of this subtitle:

(1) shall make full restitution of the benefit unlawfully received and pay a monetary penalty of 15% of the benefit unlawfully received, including interest at a rate of 1.5% a month on the total amount of restitution plus the monetary penalty from the date the Secretary notifies the person of the amount to be recovered;

(2) shall be disqualified from receiving benefits for any week of unemployment, including the week in which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact, until:

(i) the Secretary determines that:

1. the benefit unlawfully received has been repaid in full; and

2. the monetary penalty of 15% and interest at a rate of 1.5% a month on the total amount of benefit unlawfully received plus the monetary penalty have been paid in full; or

(ii) the Secretary determines that:

1. in the Secretary’s sole discretion under § 8–809(f)(3) of this title, the benefit unlawfully received and interest are uncollectible; and

2. the claimant has paid the 15% monetary penalty in full; and

(3) shall be disqualified from receiving benefits:

(i) if there were no other previous determinations made that the individual violated § 8–1301 of this subtitle during the immediately preceding 4 benefit years, for 1 year from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact;

(ii) if there were previous determinations made that the individual violated § 8–1301 of this subtitle in only 1 of the immediately preceding 4 benefit years, for 2 years from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact; and

(iii) if there were previous determinations made that the individual violated § 8–1301 of this subtitle in more than 1 of the immediately preceding 4 benefit years, for 3 years from the date on which a determination is made that the individual filed a claim involving a false statement, false representation, or failure to disclose a material fact.

(c) (1) An employing unit or officer or agent of an employing unit who violates § 8–1303 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(2) A person who violates § 8–5A–08(b) or (d) of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(3) A person who violates § 8–1304 of this subtitle is guilty of a misdemeanor for each day the violation continues and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(4) An employee of the Secretary or Board of Appeals who violates § 8–625 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Health Occupations § 8-511 — MD Code / Article gho / Title 8 / Subtitle 5 / Section 8-511
§8–511.
Status: in_force

A registered nurse or licensed practical nurse working in a methadone clinic licensed by the Maryland Department of Health may dispense methadone in accordance with regulations jointly developed and adopted by the Board and the State Board of Pharmacy.
Md. Code, Tax - Property § 8-107 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) Except as provided under § 8-110 of this subtitle, the value of personal property shall be its value on the date of finality.

(b) In valuing any personal property acquired by purchase, lease purchase, or other similar agreement for transfer of title to the personal property after a period of its use, the Department shall consider any sum that is paid to acquire the personal property.
Md. Code, Business Occupations and Professions § 8-101 — MD Code / Article gbo / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Board” means the State Board of Certified Interior Designers.

(c) “Certificate” means a certificate issued by the Board to use the title “certified interior designer”.

(d) “Certificate fee” means, as applicable, the fee paid in connection with the issuance and renewal of a certificate and issuance of a reciprocal certificate.

(e) “Certified interior design services” means interior design services provided by a certified interior designer.

(f) “Certified interior designer” means an interior designer who is certified by the Board.

(g) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article.

(h) “Interior design services” means rendering or offering to render services for a fee or other valuable consideration, in the preparation and administration of interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting fixtures, finishes, materials, and interior construction not materially related to or materially affecting the building systems, all of which shall comply with applicable laws, codes, regulations, and standards. The scope of work described herein shall not be construed as authorizing the planning and design of engineering and architectural interior construction as related to the building systems, including structural, electrical, plumbing, heating, ventilating, air conditioning or mechanical systems and shall not be construed as authorizing the practice of architecture or engineering as defined in Title 3 or Title 14 of this article. The interior design plans as described above are not to be construed as those architectural plans which may be required to be filed with any county or municipality.

(i) “Public use” means the use of a building or other structure for the primary purpose of human use or habitation.

(j) “Residential use” means the use of a building or other structure as a dwelling.
Md. Code, Agriculture § 8-7A-04 — MD Code / Article gag / Title 8 / Subtitle 7A / Section 8-7A-04
§8–7A–04.
Status: in_force

(a) The Department shall establish an Animal Waste Technology Fund Advisory Committee.

(b) The Secretary of Agriculture shall be the Chair of the Advisory Committee and the Department will provide staff support.

(c) Ex officio membership of the Advisory Committee shall include:

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

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

(3) The Secretary of Natural Resources, or the Secretary’s designee;

(4) The Director of the Maryland Energy Administration, or the Director’s designee; and

(5) The Dean of the College of Agriculture and Natural Resources at the University of Maryland, or the Dean’s designee.

(d) The Secretary shall appoint committee representatives to include the poultry and livestock industries, agricultural community, environmental community, agricultural fertilizer industries, energy sector, and other areas of expertise as deemed appropriate.

(e) In consultation with the Animal Waste Technology Fund Advisory Committee, the Department shall:

(1) Develop program criteria;

(2) Review proposals; and

(3) Make project funding determinations.
Md. Code, Insurance § 8-461 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-461
§8–461.
Status: in_force

(a) The Commissioner or a person appointed by the Commissioner shall examine the affairs of each domestic society at least once every 3 years.

(b) In conducting an examination under this section:

(1) the Commissioner or person appointed by the Commissioner shall have free access to all books, documents, and records that relate to the business of the society; and

(2) the Commissioner may subpoena and examine under oath any person, including the officers, agents, and employees of the society, in relation to the affairs, transactions, and condition of the society.

(c) (1) A summary of the report of the Commissioner about the examination and any recommendations or statements of the Commissioner that accompany the report:

(i) shall be read at the first meeting of the board of directors or equivalent body of the society after the receipt of the report; and

(ii) if the Commissioner directs, shall be read at the first meeting of the supreme legislative or governing body of the society after the receipt of the report.

(2) A copy of the report, recommendations, and statements of the Commissioner shall be provided by the society to each member of the society’s board of directors or other governing body.

(d) The expense of each examination or of each valuation, including the compensation and expenses of examiners, shall be paid by the society examined or the society whose certificates are valued, on statements provided by the Commissioner.
Md. Code, Tax - Property § 8-112 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-112
§8–112.
Status: in_force

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

(2) “Distiller” includes:

(i) the owner or proprietor of a bonded or other warehouse where distilled spirits are stored; or

(ii) a person who has custody of distilled spirits.

(3) “Fair value” means the lesser of:

(i) the cost, not reduced by any allowance for inflation; or

(ii) market value, not reduced by any allowance for inflation.

(b) If a county subjects distilled spirits to the personal property tax, on or before March 15 of each year, a distiller shall submit to the Department a report of the fair value of distilled spirits held by the distiller in the county.

(c) (1) Distilled spirits shall be valued at the fair value of the spirits on January 1 of the year in which the report is made.

(2) The value of the same distilled spirits may not be reported more than 1 time in any period of 12 months.

(d) The distiller shall pay the property tax on the distilled spirits held by the distiller.
Md. Code, Tax - General § 8-210 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-210
§8–210.
Status: in_force

(a) Except as provided in subsection (b) of this section, a financial institution shall pay the financial institution franchise tax with the return that covers the period for which the tax is due.

(b) Each financial institution required to file quarterly estimated financial institution franchise tax returns shall pay:

(1) at least 25% of the estimated financial institution franchise tax shown on the declaration or amended declaration for a taxable year:

(i) with the declaration or amended declaration that covers the year; and

(ii) with each quarterly return for that year; and

(2) any unpaid financial institution franchise tax for the year shown on the financial institution franchise tax return that covers that year, with the return.
Md. Code, Health Occupations § 8-315 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-315
§8–315.
Status: in_force

(a) The Board may issue a temporary license to any applicant who:

(1) Submits to a criminal history records check in accordance with § 8–303 of this subtitle;

(2) (i) Is licensed by any other state; or

(ii) Has taken and passed an examination under this title, but is waiting for the completion of the criminal history records check;

(3) Submits to the Board:

(i) An application on the form required by the Board;

(ii) Written, verified evidence that the requirement of item (1) of this subsection is being met; and

(iii) Any other document required by the Board; and

(4) Pays the fee required by the Board.

(b) (1) A temporary license issued to an individual who is authorized to practice registered nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice registered nursing in this State while the temporary license is effective.

(2) A temporary license issued to an individual who is authorized to practice licensed practical nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice licensed practical nursing in this State while the temporary license is effective.

(c) (1) A temporary license may not be renewed.

(2) Unless the Board suspends or revokes a temporary license, each temporary license expires 90 days after the date of issue.

(3) A temporary license may be extended up to an additional 90 days if the applicant is awaiting the completion of criminal history record information.

(4) A temporary license may be extended every 90 days, provided that the total length of renewal does not exceed 12 months from the date the original temporary license was issued, if the applicant does not meet the practice requirement as provided for in regulation.

(d) The Board shall revoke a temporary license if the criminal history record information forwarded to the Board in accordance with § 8–303 of this subtitle reveals that the applicant or licensee has been convicted or pled guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
Md. Code, Health Occupations § 8-6A-02 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-02
§8–6A–02.
Status: in_force

§8–6A–02. IN EFFECT

(a) Subject to subsection (f) of this section and except as otherwise provided in this subtitle, an individual shall be certified by the Board to practice as a nursing assistant, dialysis technician, or medication technician before the individual may practice as a nursing assistant, dialysis technician, or medication technician in the State.

(b) This subtitle does not apply to an individual who:

(1) Practices a health occupation that the individual is authorized to practice under this article;

(2) Provides for the gratuitous care of friends, domestic partners, or family members;

(3) Performs nursing assistant tasks while a nursing student enrolled in an accredited nursing program and practicing under the direct supervision of qualified faculty or preceptors;

(4) Performs nursing assistant tasks as a student while:

(i) Enrolled in a Board–approved nursing assistant training program; and

(ii) Practicing under the direct supervision of qualified faculty or preceptors;

(5) Performs medication technician tasks as a student while practicing under the direct supervision of qualified faculty;

(6) Performs dialysis technician tasks as a student while under the direct supervision of qualified faculty; or

(7) Works as a principal or school secretary, does not administer medication as a routine part of the position, and has completed training by the delegating nurse for the occasion where the individual may need to administer medication in the absence of the nurse or medication technician.

(c) Nothing in this section shall preclude a registered nurse or licensed practical nurse from delegating a nursing or other technical task to an unlicensed individual provided that acceptance of delegated nursing or other technical tasks does not become a routine part of the unlicensed individual’s job duties.

(d) (1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude an advanced practice registered nurse from delegating a nursing or other technical task to an assistant if:

(i) The assistant performs only tasks that the assistant is trained to perform; and

(ii) The delegating advanced practice registered nurse provides:

1. Instruction to the assistant on the delegated task; and

2. On–site supervision of the assistant performing the delegated task.

(2) The Board shall adopt regulations to carry out this subsection, including regulations that:

(i) Provide for the manner in which an advanced practice registered nurse delegates a nursing or other technical task to an assistant;

(ii) Establish limitations on the authority of an advanced practice registered nurse to delegate nursing or other technical tasks to an assistant; and

(iii) Otherwise clarify the scope of this subsection.

(e) (1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude a licensed certified midwife from delegating a technical task to an assistant if:

(i) The assistant performs only tasks that the assistant is trained to perform; and

(ii) The delegating licensed certified midwife provides:

1. Instruction to the assistant on the delegated task; and

2. On–site supervision of the assistant performing the delegated task.

(2) The Board shall adopt regulations to carry out this subsection, including regulations that:

(i) Provide for the manner in which a licensed certified midwife delegates a technical task to an assistant;

(ii) Establish limitations on the authority of a licensed certified midwife to delegate technical tasks to an assistant; and

(iii) Otherwise clarify the scope of this subsection.

(f) An individual shall be certified by the Board to practice as a nursing assistant and as a dialysis technician before the individual may practice as a dialysis technician in a State–owned hospital or State–owned facility.

§8–6A–02. ** TAKES EFFECT APRIL 1, 2026 PER CHAPTER 416 OF 2025 **

(a) Subject to subsection (f) of this section and except as otherwise provided in this subtitle, an individual shall be certified by the Board to practice as a nursing assistant, dialysis technician, or medication technician before the individual may practice as a nursing assistant, dialysis technician, or medication technician in the State.

(b) This subtitle does not apply to an individual who:

(1) Practices a health occupation that the individual is authorized to practice under this article;

(2) Provides for the gratuitous care of friends, domestic partners, or family members;

(3) Performs nursing assistant tasks while a nursing student enrolled in an accredited nursing program and practicing under the direct supervision of qualified faculty or preceptors;

(4) Performs nursing assistant tasks as a student while:

(i) 1. Enrolled in a Board–approved nursing assistant training program; or

2. Enrolled in an acute care nursing assistant training program; and

(ii) Practicing under the direct supervision of qualified faculty or preceptors;

(5) Performs nursing assistant tasks as a student while enrolled in an accredited nursing program after the successful completion of the portion of the approved nursing education program that the Board determines meets the requirements of an approved nursing assistant training program or medication administration course;

(6) Performs medication technician tasks as a student while practicing under the direct supervision of qualified faculty;

(7) Performs dialysis technician tasks as a student while under the direct supervision of qualified faculty;

(8) Works as a principal or school secretary, does not administer medication as a routine part of the position, and has completed training by the delegating nurse for the occasion where the individual may need to administer medication in the absence of the nurse or medication technician; or

(9) Practices as a certified nursing assistant–I for less than 4 months in accordance with 42 C.F.R. § 483.35(d).

(c) This section does not preclude a registered nurse or licensed practical nurse from delegating a nursing or other technical task to an unlicensed individual if acceptance of delegated nursing or other technical tasks does not become a routine part of the unlicensed individual’s job duties.

(d) (1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude an advanced practice registered nurse from delegating a nursing or other technical task to an assistant if:

(i) The assistant performs only tasks that the assistant is trained to perform; and

(ii) The delegating advanced practice registered nurse provides:

1. Instruction to the assistant on the delegated task; and

2. On–site supervision of the assistant performing the delegated task.

(2) The Board shall adopt regulations to carry out this subsection, including regulations that:

(i) Provide for the manner in which an advanced practice registered nurse delegates a nursing or other technical task to an assistant;

(ii) Establish limitations on the authority of an advanced practice registered nurse to delegate nursing or other technical tasks to an assistant; and

(iii) Otherwise clarify the scope of this subsection.

(e) (1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude a licensed certified midwife from delegating a technical task to an assistant if:

(i) The assistant performs only tasks that the assistant is trained to perform; and

(ii) The delegating licensed certified midwife provides:

1. Instruction to the assistant on the delegated task; and

2. On–site supervision of the assistant performing the delegated task.

(2) The Board shall adopt regulations to carry out this subsection, including regulations that:

(i) Provide for the manner in which a licensed certified midwife delegates a technical task to an assistant;

(ii) Establish limitations on the authority of a licensed certified midwife to delegate technical tasks to an assistant; and

(iii) Otherwise clarify the scope of this subsection.

(f) An individual shall be certified by the Board to practice as a nursing assistant and as a dialysis technician before the individual may practice as a dialysis technician in a State–owned hospital or State–owned facility.
Md. Code, Health Occupations § 8-704 — MD Code / Article gho / Title 8 / Subtitle 7 / Section 8-704
§8–704.
Status: in_force

A person may not sell, fraudulently obtain, fraudulently provide, or fraudulently aid or abet the sale, fraudulent obtainment, or fraudulent provision of any record, nursing diploma, license, license renewal, certificate, or certificate renewal.
Md. Code, Environment § 8-102 — MD Code / Article gen / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) The General Assembly finds that radiation:

(1) If used properly, can help to improve the health, welfare, and productivity of the public;

(2) If used carelessly or excessively, may destroy life or health; and

(3) If used improperly, may impair the industrial and agricultural potential of this State.

(b) It is the policy of this State:

(1) To encourage the constructive uses of radiation;

(2) To control radiation; and

(3) To protect the public from unnecessary and harmful exposure resulting from a nuclear incident.
Md. Code, Insurance § 8-305 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-305
§8–305.
Status: in_force

An applicant for registration shall:

(1) file with the Commissioner an application on the form that the Commissioner requires; and

(2) pay to the Commissioner an application fee of $250.
Md. Code, Environment § 8-701 — MD Code / Article gen / Title 8 / Subtitle 7 / Section 8-701
§8–701.
Status: in_force

(a) It is the policy of the State to protect the public against adverse health effects resulting from nuclear incidents and mitigate the impacts of nuclear incidents by establishing a state of readiness through emergency preparedness.

(b) The General Assembly finds that the nuclear industry should bear the costs associated with developing and implementing plans to prepare for and mitigate the impacts of nuclear incidents.
Md. Code, Insurance § 8-202.1 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-202.1
§8–202.
Status: in_force

§8–202.1.

An applicant for a certificate of qualification must be:

(1) licensed as an insurance producer under Title 10, Subtitle 1 of this article; and

(2) competent and trustworthy, as determined by the Commissioner.
Md. Code, Natural Resources § 8-1005 — MD Code / Article gnr / Title 8 / Subtitle 10 / Section 8-1005
§8–1005.
Status: in_force

(a) (1) There is a “Shore Erosion Control Construction Loan Fund”. The Department shall administer the Fund to provide interest-free loans or grants to persons, municipalities, or counties for design and construction of shore erosion control projects. The Fund shall be maintained by:

(i) Repayments of principal on loans made from the Fund, with the repayments made through a benefit charge the State levies on privately owned property benefited by shore erosion control projects. The benefit charge shall compensate the State for net project construction cost. The benefit charge shall be levied at a uniform rate over a period not exceeding 25 years;

(ii) Repayment of administrative costs under § 8-1004 of this subtitle; and

(iii) Annual appropriation of funds to restore the Fund to a level sufficient to carry out an effective shore erosion control construction loan program during the succeeding year.

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

(ii) Any investment earnings of the Fund shall be credited to the General Fund of the State.

(3) A property owner whose project is approved is eligible to receive an interest-free loan covering 100% of the first $60,000 of project construction cost, 50% of the next $20,000 of project construction cost, 25% of the next $20,000 of project construction cost, and 10% of the part of construction cost exceeding $100,000. However, where 2 or more property owners are included within a shore erosion control project, the land of each property owner is considered a separate shore erosion project for the purpose of computing net project construction cost under this formula.

(b) During the first month of each fiscal year, the Department shall submit to the Department of Budget and Management:

(1) An estimate of the amount of revenues the Fund expects to receive from repayment of outstanding loans; and

(2) The amount of funds required to reestablish an adequate balance in the Fund to make loans during the next fiscal year.

(c) If it appears reasonably likely that funds will be available for an approved shore erosion control project, the Department shall develop complete plans, specifications, and all information necessary to solicit firm bids for construction of the project. After selection of a contractor, in accordance with normal competitive bidding procedures, the Department shall advise the property owner of the estimated cost for the completion of all work. The property owner then may elect to abandon the project, and forfeit any initial deposit required under the regulations of the Department.

(d) (1) If, after completion of the procedures required under subsection (c) of this section, the property owner decides to proceed with the project, the provisions of this subsection shall apply.

(2) The property owner shall execute a written notice to proceed, on a form provided by the Department, and shall pay any property owner’s cash contribution required under this subtitle. This action shall constitute an irrevocable commitment by the property owner to completion of the project in accordance with the provisions of this subtitle, including authorization for the Department to incur costs up to 10% in excess of the estimated cost above.

(3) Any excess costs within the 10% limit may not act to increase the property owner’s cash contribution, but shall be included in the net project construction cost for purposes of assessing benefit charges at the conclusion of the project.

(4) The Department at this time shall cause a notice of lien to be recorded among the land records of the county where the benefited property is located. The notice generally shall describe the provisions of § 8-1006 of this subtitle regarding lien priority and the assumption of liability by a purchaser of a benefited property.

(5) The Department shall award a construction contract for the project, shall supervise actual construction work, and shall make reasonable efforts to ensure that the project is completed in accordance with all specifications and in a manner that conforms to normal industry practice. In this regard, the Department alone shall be responsible, in its own discretion, for negotiating any changes in the construction contract and for determining when the project is satisfactorily complete in all respects.

(6) On completion of the project, the Department shall:

(i) Endorse any property owner’s cash contribution to the credit of the contractor; and

(ii) Pay the balance due the contractor from the Fund.

(7) Within 30 days of completion of the project, the Department shall certify to the Board of Public Works the net project construction cost. The Board of Public Works shall levy a benefit charge in accordance with the provisions of § 8-1006 of this subtitle.

(e) Costs to maintain shore erosion control projects are the sole responsibility of the benefited property owner. The Department periodically shall inspect these projects to recommend to the property owner any measures required to maintain the project.

(f) Any county or any municipal corporation may borrow interest-free funds from the Fund for any approved project without the project construction cost limitation stated in this section. The county or municipal corporation shall repay the funds at a uniform rate over a period not exceeding 25 years as stated by agreement between the State and county or municipal corporation.

(g) The Department shall include in its budget a request for funds necessary to provide and maintain shore erosion protection for State-owned properties.
Md. Code, Labor and Employment § 8-631 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-631
§8–631.
Status: in_force

The Secretary shall pay any interest and penalties collected under this Part IV of this subtitle into the Special Administrative Expense Fund.
Md. Code, Real Property § 8-702 — MD Code / Article grp / Title 8 / Subtitle 7 / Section 8-702
§8–702.
Status: in_force

(a) This subtitle applies to residential property that was or is used, intended to be used, or authorized to be used for four or fewer dwelling units.

(b) This subtitle does not apply to property:

(1) Leased for business, commercial, manufacturing, mercantile, or industrial purposes, or any other purpose that is not primarily residential;

(2) Improved or to be improved by any apartment, condominium, cooperative, or other building for multifamily use of greater than four dwelling units; or

(3) Leased for dwellings or mobile homes that are erected or placed in a mobile home development or mobile home park.
Md. Code, Health Occupations § 8-603 — MD Code / Article gho / Title 8 / Subtitle 6 / Section 8-603
§8–603.
Status: in_force

An individual who on June 30, 1981 is licensed as a nurse midwife by this State is governed by this title and any other provisions that concern additional acts in the practice of registered nursing that relate to the practice of nurse midwifery.
Md. Code, Labor and Employment § 8-222 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-222
§8–222.
Status: in_force

Except employment for nonprofit organizations and governmental entities, employment is not covered employment if performed by a volunteer test subject who is paid on a per study basis for scientific, medical, or drug–related research.
Md. Code, Natural Resources § 8-725.4 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-725.4
§8–725.
Status: in_force

§8–725.4.

(a) A person may not operate any vessel on the Severn River from April 15, 1989, to October 15, 1989, in excess of 40 miles per hour during the following days and times:

(1) A Saturday;

(2) A Sunday;

(3) A State holiday; and

(4) Any other day from sundown to sunrise.

(b) (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

(i) For the first offense, $500; and

(ii) For the second offense, $1,000 or imprisonment not exceeding 30 days or both.

(2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(c) This section may not be construed to affect the Department’s authority:

(1) To adopt regulations concerning the subject matter of this section; or

(2) To set speed limits on creeks, bays, coves, and tributaries of the Severn River.

(d) The Department shall develop an informational program to assist boaters in complying with the speed limits imposed by this section, including public education, a phase–in period for enforcement, and information to assist boaters in converting tachometer or knot meter readings to speedometer readings in miles per hour.
Md. Code, Labor and Employment § 8-1002 — MD Code / Article gle / Title 8 / Subtitle 10 / Section 8-1002
§8–1002.
Status: in_force

(a) In this section, “gross misconduct”:

(1) means conduct of an employee that is:

(i) deliberate and willful disregard of standards of behavior that an employing unit rightfully expects and that shows gross indifference to the interests of the employing unit; or

(ii) repeated violations of employment rules that prove a regular and wanton disregard of the employee’s obligations; and

(2) does not include:

(i) aggravated misconduct, as defined under § 8–1002.1 of this subtitle; or

(ii) other misconduct, as defined under § 8–1003 of this subtitle.

(b) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is gross misconduct in connection with employment.

(c) A disqualification under this section shall:

(1) begin with the first week for which unemployment is caused by discharge or suspension for gross misconduct as determined under this section; and

(2) continue until the individual is reemployed and has earned wages in covered employment that equal at least 25 times the weekly benefit amount of the individual.
Md. Code, Natural Resources § 8-1105.1 — MD Code / Article gnr / Title 8 / Subtitle 11 / Section 8-1105.1
§8–1105.
Status: reserved

§8–1105.1.

(a) There is a Beach Erosion Control District, which consists of that land bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the borderline between the State of Maryland and the Commonwealth of Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island, and in Ocean City, is a mutually approved line to be known as the State–Ocean City building limit line which coincides, more or less, with the existing Ocean City building limit line and on occasion may coincide with the crest of the littoral system. The Department, after surveying, platting, and recording the State–Ocean City building limit line, has the authority to describe by regulation the State–Ocean City building limit line. The Department shall perform the survey, platting, and recording at its own expense within 30 days of July 1, 1975.

(b) Transferred.

(c) If the prohibitions imposed for the Beach Erosion Control District would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property taken.

(d) The provisions of this section are in addition to the provisions of §§ 8–1103 and 8–1104 of this subtitle.
Md. Code, Correctional Services § 8-106 — MD Code / Article gcs / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

There is a Maryland Commission on Correctional Standards in the Department.
Md. Code, Tax - Property § 8-235 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-235
§8–235.
Status: in_force

(a) In this section, “normal repairs and maintenance”:

(1) means an expenditure to replace original components of a building to maintain the physical character of the building in its current condition; and

(2) includes:

(i) interior or exterior painting;

(ii) landscaping;

(iii) fencing;

(iv) replacing gutters or downspouts;

(v) adding storm windows, storm doors, or weatherstripping;

(vi) adding insulation;

(vii) electric rewiring;

(viii) replacing plumbing and light fixtures;

(ix) replacing a furnace with more efficient oil or gas burners;

(x) redecorating;

(xi) installing new ceilings or wall surfaces;

(xii) removing room partitions to change the shape of a room;

(xiii) replacing a roof with a roof of a similar type and material;

(xiv) replacing an existing driveway and lead walk;

(xv) repairing a foundation because of structural defect or age if there is no enlargement of the improvement or building; and

(xvi) replacing an existing air conditioner or other built–in appliance.

(b) Normal repairs and maintenance may not be separately assessed for inclusion in the assessment of real property used for residential purposes.
Md. Code, Business Regulation § 8-407 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-407
§8–407.
Status: in_force

(a) The procedures for notice, hearings, and judicial review that apply to proceedings under Subtitle 3 of this title also apply to proceedings to recover from the Fund.

(b) On receipt of a claim, the Commission shall:

(1) send a copy of the claim to the contractor alleged to be responsible for the actual loss; and

(2) require a written response to the claim within 10 days.

(c) (1) The Commission:

(i) shall review the claim and any response to it; and

(ii) may investigate the claim.

(2) On the basis of its review and any investigation, the Commission may:

(i) set the matter for a hearing;

(ii) dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or

(iii) issue a proposed order to pay all or part of the claim or deny the claim if the total claim against a particular contractor does not exceed $7,500.

(d) (1) The Commission shall send the proposed order to the claimant and the contractor, at the most recent address on record with the Commission, by:

(i) personal delivery; or

(ii) both regular mail and certified mail, return receipt requested.

(2) Within 21 days after service, receipt, or attempted delivery of the proposed order, the claimant or contractor may submit to the Commission:

(i) a written request for a hearing before the Commission; or

(ii) a written exception to the proposed order.

(3) If the claimant or contractor submits a timely exception to the proposed order, the Commission may:

(i) issue a revised proposed order;

(ii) set a hearing on the claim; or

(iii) dismiss the claim.

(4) Unless the claimant or contractor submits a timely request for a hearing or a timely exception, the proposed order is final.

(e) (1) At a hearing on a claim, the claimant has the burden of proof.

(2) If a subcontractor or salesperson is necessary to adjudicate a claim fairly, the Commission shall issue a subpoena for that person to appear at the hearing.
Md. Code, Labor and Employment § 8-1208 — MD Code / Article gle / Title 8 / Subtitle 12 / Section 8-1208
§8–1208.
Status: in_force

(a) The Secretary may revoke approval of an approved work sharing plan for good cause, including:

(1) conduct or an occurrence that tends to defeat the intent and effective operation of the approved work sharing plan;

(2) failure to comply with an assurance in the approved work sharing plan;

(3) unreasonable revision of a productivity standard of the affected unit; and

(4) violation of a criterion on which the Secretary based approval of the approved work sharing plan.

(b) The decision of the Secretary to revoke approval of a work sharing plan is final and is not subject to appeal.
Md. Code, Insurance § 8-106 — MD Code / Article gin / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) In this section, “reinsurance intermediary” means a person that acts as an insurance producer in:

(1) soliciting, negotiating, or procuring a reinsurance contract or binder for a ceding insurer; or

(2) accepting a reinsurance contract or binder for an assuming insurer.

(b) This section does not apply to a reinsurance intermediary that makes a complete written disclosure to the parties of its relationship with the assuming or ceding insurer before completion of the transaction.

(c) A reinsurance intermediary that has control of an assuming insurer may not directly or indirectly place insurance business with the assuming insurer in a transaction in which the reinsurance intermediary acts as an insurance producer for the ceding insurer.

(d) A reinsurance intermediary that has control of a ceding insurer may not directly or indirectly accept business from the ceding insurer in a transaction in which the reinsurance intermediary acts as an insurance producer for the assuming insurer.
Md. Code, Housing and Community Development § 8-101 — MD Code / Article ghs / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) “Community action agency” means:

(1) a governmental unit in a political subdivision;

(2) a governmental unit created by a combination of political subdivisions;

(3) an agency designated as a community action agency under the Economic Opportunity Act of 1964 as amended by the Community Services Block Grant Program, 42 U.S.C. §§ 9901 through 9926; or

(4) a private, nonprofit organization that meets the requirements for designation as a community action agency.

(c) “Designation” means the selection of a proposed community action agency by a governing body.

(d) “Governing body” means:

(1) the county council, board of commissioners, or other legislative body of a political subdivision that collectively possesses the power to adopt and carry out local laws and ordinances; or

(2) in Baltimore City, the Board of Estimates.
Md. Code, Family Law § 8-210 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-210
§8–210.
Status: in_force

(a) (1) In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.

(2) The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.

(b) Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.

(c) When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.
Md. Code, Transportation § 8-331 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-331
§8–331.
Status: in_force

At the conclusion of all proceedings, the Commission shall pay to the property owner:

(1) Any excess of the final award over the amount paid under § 8-323 of this subtitle; and

(2) Interest on the excess from the date of payment under § 8-323 of this subtitle at the rate of 6 percent a year.
Md. Code, Insurance § 8-406 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) An incorporated society authorized to transact insurance business in the State on December 31, 1963, may exercise all the rights, powers, and privileges prescribed in this subtitle and in the charter or articles of incorporation of the society to the extent consistent with this subtitle.

(b) A domestic society is not required to reincorporate.
Md. Code, Commercial Law § 8-115 — MD Code / Article gcl / Title 8 / Subtitle 1 / Section 8-115
§8–115.
Status: reserved

A securities intermediary that has transferred a financial asset in accordance with an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:

(1) Took the action after it had been served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or

(2) Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or

(3) In the case of a security certificate that has been stolen, acted with notice of the adverse claim.
Md. Code, Natural Resources § 8-1316 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1316
§8–1316.
Status: in_force

The Secretary may enter into agreements with any respective county affected or its duly designated agency to acquire land or other property to accomplish the purposes of this subtitle. The Secretary may obligate the Department to reimburse the county up to 50% for the cost of the land or other property, plus 50% for the normal cost of acquisition. However, funds have to be appropriated, and sufficiently on hand to meet the Department’s obligation under these agreements.
Md. Code, State Finance and Procurement § 8-118 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-118
§8–118.
Status: in_force

(a) The Board shall exercise the powers and perform the duties that the General Assembly delegates to the Board in connection with:

(1) the creation of State debt;

(2) the determination of interest on and other terms and conditions of the State debt;

(3) the preparation of State bonds that evidence the State debt;

(4) notice of a sale of State bonds; and

(5) the sale.

(b) The Board shall exercise these powers and perform these duties in accordance with:

(1) Article III, § 34 of the Maryland Constitution;

(2) §§ 8-117 through 8-124 of this subtitle; and

(3) the specific enabling act.
Md. Code, Natural Resources § 8-1319 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1319
§8–1319.
Status: in_force

The provisions of this subtitle may not limit or restrict the State or county police power on any acquired land.
Md. Code, Transportation § 8-704 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-704
§8–704.
Status: in_force

The Administration shall administer and enforce this subtitle.
Md. Code, Agriculture § 8-801.1 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-801.1
§8–801.
Status: in_force

§8–801.1.

(a) (1) Each nutrient management plan shall be developed considering factors including:

(i) Levels of bioavailable nitrogen and phosphorus in the soil;

(ii) Levels of bioavailable nitrogen and phosphorus in all fertilizer materials to be applied;

(iii) The amount of nitrogen and phosphorus necessary to achieve the expected crop yield for the land that is the subject of the nutrient management plan, as determined by:

1. The field’s actual yield record and soil productivity for that crop; or

2. If information concerning actual yield record and soil productivity for a crop is unavailable, relevant information concerning similar fields and soil;

(iv) Soil erodibility and nutrient retention capacity;

(v) 1. The best reasonable scientific methods accepted by the Department and the University of Maryland Cooperative Extension Service; or

2. Scientifically validated data for the development of a nutrient management plan as defined by the Department in regulation; and

(vi) Existing best management practices.

(2) Each nutrient management plan shall provide flexibility for management decisions that may be required by conditions beyond the control of the farmer.

(b) (1) Subject to paragraph (2) of this subsection, a summary of each nutrient management plan shall be filed and updated with the Department at a time and in a form that the Department requires by regulation.

(2) (i) The Department may require an updated summary under this subsection to take the form of an annual implementation report.

(ii) If a person, in operating a farm, uses or produces animal manure, the person’s annual implementation report shall include:

1. The amount of animal manure imported to or exported from the person’s farm;

2. For any animal manure that was imported, the name and location of the sending farm; and

3. For any animal manure that was exported, the name and location of the farm, alternative use facility, or manure broker that received the manure.

(iii) If a person receives animal manure through a manure broker, the broker shall provide the person with the name and location of the sending farm.

(3) The Department shall maintain a copy of each summary for 3 years in a manner that protects the identity of the individual for whom the nutrient management plan was prepared.

(c) (1) If a person fails to file a summary or annual implementation report as required by the Department under subsection (b) of this section, the Department shall notify the person that:

(i) The person is in violation of the requirement to file a summary or annual implementation report; and

(ii) The person is subject to:

1. After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250;

2. After 60 days from issuance of the notice, an administrative penalty of not less than $250 and not more than $1,000; and

3. After 90 days from issuance of the notice, an administrative penalty of not less than $1,000.

(2) A penalty imposed on a person under paragraph (1) of this subsection shall be assessed with consideration given to:

(i) The willfulness of the violation; and

(ii) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.
Md. Code, State Personnel and Pensions § 8-401 — MD Code / Article gsp / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

Subject to the approval of the Governor, the Secretary may adopt regulations that prohibit a State officer from paying an employee in the State Personnel Management System any wages unless:

(1) the officer has a payroll authorization from the Secretary that lists:

(i) the name of that employee;

(ii) the amount to be paid to that employee; and

(iii) the services for which payment is to be paid; and

(2) the head of a principal unit certifies in each payroll for that unit that the employees named in the payroll have been lawfully employed during the pay period and are entitled to the compensation authorized by the Secretary.
Md. Code, Health Occupations § 8-6C-07 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-07
§8–6C–07.
Status: reserved

(a) If a patient chooses to give birth at home in a situation prohibited by this subtitle or in which a licensed direct–entry midwife recommends transfer, the licensed direct–entry midwife shall:

(1) Transfer care of the patient to an appropriate health care practitioner;

(2) Complete the standard form developed under § 8–6C–08(e) of this subtitle and submit the completed form to the accepting health care practitioner; and

(3) Cease to take responsibility for the patient’s pregnancy care within 1 week after the transfer.

(b) If birth is imminent and the patient refuses to be transferred after the licensed direct–entry midwife determines that a transfer is necessary, the licensed direct–entry midwife shall:

(1) Call 9–1–1 and remain with the patient until emergency services personnel arrive; and

(2) Transfer care and give a verbal report of the care provided to the emergency medical services providers.
Md. Code, Environment § 8-305 — MD Code / Article gen / Title 8 / Subtitle 3 / Section 8-305
§8–305.
Status: in_force

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

(2) “Listed facility” means a radon testing facility that is listed in the report of the latest round of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program.

(3) (i) “Radon testing device” means a device that:

1. Collects radon or radon progeny; and

2. Requires analysis by an independent measuring facility or radon tester.

(ii) “Radon testing device” does not include a self-analyzing device that collects radon or radon progeny.

(b) A person who engages in the business of testing for the presence of indoor radon shall:

(1) After completion of round 6 of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program, have all tests analyzed by a listed facility;

(2) Indicate the name of the facility conducting the analysis on the radon testing device; and

(3) Disclose in writing to the ultimate consumer the results of the radon test and the name and address of the facility that analyzed the test.

(c) The Department:

(1) May adopt regulations to require radon testing facilities to send test results to the Department; and

(2) May not disclose, in response to a request from the public for the name of a radon testing facility, the name of a radon tester that is not a listed facility.
Md. Code, State Government § 8-501 — MD Code / Article gsg / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

(a) A member of a State board or commission appointed by the Governor who fails to attend at least 50% of the meetings of the board or commission during any consecutive 12-month period shall be considered to have resigned.

(b) Not later than January 15 of the year following the end of the 12-month period the chairman of the board or commission shall forward to the Governor:

(1) the name of the individual considered to have resigned; and

(2) a statement describing the individual’s history of attendance during the period.

(c) Except as provided in subsection (d) of this section, after receiving the chairman’s statement the Governor shall appoint a successor for the remainder of the term of the individual.

(d) If the individual has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation if the reasons are made public.
Md. Code, Labor and Employment § 8-1102 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1102
§8–1102.
Status: in_force

Unless the result would be inconsistent with another provision of this Part III of this subtitle or with the Federal-State Extended Unemployment Compensation Act of 1970, the provisions of this title that apply to claims for or the payment of regular benefits shall apply to extended benefits.
Md. Code, Human Services § 8-104 — MD Code / Article ghu / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

(a) (1) On or before October 1, 2025, the Office shall submit a report on neighborhood indicators of poverty to the General Assembly, in accordance with § 2–1257 of the State Government Article, the Accountability and Implementation Board, and the Department of Education.

(2) The report required under this subsection shall include an analysis of different methods used to calculate indicators of poverty in order to determine:

(i) eligibility for the compensatory education program under § 5–222 of the Education Article, including the data necessary to implement each methodology; and

(ii) eligibility under the Concentration of Poverty School Grant Program under § 5–223 of the Education Article, including the data necessary to implement each methodology.

(3) In completing the report required under this subsection, the Office shall:

(i) evaluate the American Community Survey data available across geographic areas in the Small Income and Poverty Estimates Program to provide school district poverty estimates;

(ii) evaluate the Area Deprivation Index developed by the University of Wisconsin–Madison to rank neighborhoods by socioeconomic status disadvantage;

(iii) analyze how other states approach measuring poverty;

(iv) analyze how other states calculate eligibility for state programs for school districts that participate in the federal Community Eligibility Provision; and

(v) consult with each local school system for input.

(4) Any State agency, including the Department of Education and the Maryland Longitudinal Data System Center, shall share any data needed by the Office to complete the report required under this subsection.

(b) (1) On or before December 1, 2025, the Accountability and Implementation Board, in consultation with the Department of Legislative Services and the Department of Budget and Management, shall submit a methodological recommendation, based on the Office’s report required under subsection (a) of this section, in accordance with § 2–1257 of the State Government Article, to the General Assembly.

(2) The recommendation submitted under this subsection shall include whether there should be an updated methodology for calculating eligibility for compensatory grants under § 5–222 of the Education Article, and if so, an updated methodology for calculating the compensatory education formula under § 5–222 of the Education Article.