Md. Code, Labor and Employment § 3-1306 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1306
§3–1306.
Status: in_force

(a) An employer shall notify the employer’s employees that the employees are entitled to earned sick and safe leave under this subtitle.

(b) The notice provided under subsection (a) of this section shall include:

(1) a statement of how earned sick and safe leave is accrued under § 3–1304 of this subtitle;

(2) the purposes for which the employer is required to allow an employee to use earned sick and safe leave under § 3–1305 of this subtitle;

(3) a statement regarding the prohibition:

(i) in § 3–1309 of this subtitle against the employer taking adverse action against an employee who exercises a right under this subtitle; and

(ii) in § 3–1310 of this subtitle against an employee making a complaint, bringing an action, or testifying in an action in bad faith; and

(4) information regarding the right of an employee to report an alleged violation of this subtitle by the employer to the Commissioner or to bring a civil action under § 3–1308(c) of this subtitle.

(c) The Commissioner shall:

(1) create and make available a poster and a model notice at no charge to the employer that may be used by an employer to comply with subsection (a) of this section;

(2) develop a model sick and safe leave policy that an employer may use as a sick and safe leave policy in an employee handbook or other written guidance to employees concerning employee benefits or leave provided by the employer; and

(3) provide technical assistance to an employer, if an employer requests assistance regarding implementing the provisions of this subtitle.

(d) The Department shall post the notice and model sick and safe leave policy created and developed under subsection (c)(1) and (2) of this section on the Department’s website in a downloadable format.
Md. Code, Business Occupations and Professions § 3-201 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

There is a State Board of Architects in the Department.
Md. Code, Corporations and Associations § 3-602 — MD Code / Article gca / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) Unless an exemption under § 3-603(c), (d), or (e) of this subtitle applies, a corporation may not engage in any business combination with any interested stockholder or any affiliate of the interested stockholder for a period of 5 years following the most recent date on which the interested stockholder became an interested stockholder.

(b) Unless an exemption under § 3-603 of this subtitle applies, in addition to any vote otherwise required by law or the charter of the corporation, a business combination that is not prohibited by subsection (a) of this section shall be recommended by the board of directors and approved by the affirmative vote of at least:

(1) 80 percent of the votes entitled to be cast by outstanding shares of voting stock of the corporation, voting together as a single voting group; and

(2) Two-thirds of the votes entitled to be cast by holders of voting stock other than voting stock held by the interested stockholder who will (or whose affiliate will) be a party to the business combination or by an affiliate or associate of the interested stockholder, voting together as a single voting group.
Md. Code, Natural Resources § 3-9A-01 — MD Code / Article gnr / Title 3 / Subtitle 9A / Section 3-9A-01
§3–9A–01.
Status: in_force

(a) By resolution or ordinance of its legislative body, any charter county not a party to the Northeast Maryland Waste Disposal Authority provided for in § 3-903 of this title may enter into contracts with any industrial concern for the collection, storage, treatment, utilization, processing or final disposition of solid waste or for the recovery of material or energy therefrom, or any combination thereof.

(b) The contracts:

(1) Shall be only in connection with solid waste disposal facilities financed under this article located within the charter county or another participating county; and

(2) May not be in connection with a landfill.

(c) The contracts may be for a period not to exceed 30 years.

(d) The contracts may provide for minimum amounts of waste to be delivered or processed, and payment based thereon, whether or not the waste is actually delivered or processed, and may contain other terms and conditions as the parties consider appropriate.

(e) Any contract may not be deemed a debt of or gift of the county within the meaning of any provision of law or charter, but shall constitute only the contractual liability provided by its terms.

(f) The county may award or negotiate contracts which it deems to be in its best interest in the manner provided with respect to State competitive sealed proposals under § 13-104 of the State Finance and Procurement Article.

(g) If construction of any waste disposal facility subject to the provisions of subsection (a) of this section is proposed within 1 mile of the border of an adjoining county, the government of the county in which construction is proposed shall provide the government of the adjoining county with a copy of the filings and notice of public hearings required under § 9-209 of the Environment Article.
Md. Code, Financial Institutions § 3-402 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

Each commercial bank shall have at least 5 and not more than 30 directors, as its charter or bylaws provide.
Md. Code, Correctional Services § 3-412 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

(a) The Commissioner shall employ correctional employees to monitor and provide security for incarcerated individuals in the program.

(b) A correctional employee designated to monitor incarcerated individuals in the program may:

(1) obtain and execute search warrants as authorized under § 3–415 of this subtitle; and

(2) make arrests as authorized under § 2–207 of the Criminal Procedure Article.

(c) A correctional employee authorized to make arrests under this section shall:

(1) meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and

(2) complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
Md. Code, Commercial Law § 3-405 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) In this section:

(1) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer.

(2) “Fraudulent indorsement” means (i) in the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer, or (ii) in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.

(3) “Responsibility” with respect to instruments means authority (i) to sign or indorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. “Responsibility” does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

(b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

(c) Under subsection (b), an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
Md. Code, Business Regulation § 3-405 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) The Commissioner may prohibit use of an amusement attraction if, after an inspection or investigation, the Commissioner finds that:

(1) the amusement attraction violates a regulation adopted under this title; and

(2) there is a substantial probability of death or serious physical injury from continued use of the amusement attraction.

(b) To prohibit use of an amusement attraction, the Commissioner shall give an amusement owner written notice that prohibits use of the amusement attraction.

(c) (1) The Commissioner shall post a copy of the notice on the amusement attraction.

(2) Only the Commissioner may remove the copy of the notice.

(d) The amusement attraction may not be operated until it is made safe for public use and each required safeguard is provided.

(e) (1) A person who is aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.

(2) (i) The filing of an appeal does not stay the decision of the Commissioner.

(ii) However, after giving the Commissioner notice and an opportunity for a hearing, the court in which the appeal is pending may stay the decision of the Commissioner on conditions that the court considers proper.

(iii) The conditions may include a requirement to post security.
Md. Code, Insurance § 3-119 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-119
§3–119.
Status: in_force

(a) In this section, “equity security” means:

(1) stock or a similar security;

(2) a security convertible, with or without consideration, into stock or a similar security;

(3) a security carrying a warrant or right to subscribe to or purchase stock or a similar security;

(4) any other warrant or right to subscribe to or purchase stock or a similar security; or

(5) any other security that the Commissioner considers to be of a similar nature and necessary or appropriate to treat as an equity security, based on regulations adopted by the Commissioner in the public interest or to protect investors.

(b) (1) Subsections (d), (e), and (f) of this section do not apply to foreign or domestic arbitrage transactions unless those transactions are made in contravention of regulations adopted by the Commissioner to carry out this section.

(2) Subsections (d), (e), and (f) of this section do not apply to equity securities of a domestic stock insurer if:

(i) the securities are registered or required to be registered under § 12 of the Securities Exchange Act of 1934; or

(ii) the domestic stock insurer did not have any class of its equity securities held of record by 100 or more persons on the last business day of the year immediately preceding the year in which equity securities of the insurer otherwise would be subject to subsections (d), (e), and (f) of this section.

(c) (1) The Commissioner:

(i) may adopt regulations necessary to carry out this section; and

(ii) for the purpose of adopting regulations, may classify domestic stock insurers, securities, and other persons or matters within the Commissioner’s jurisdiction.

(2) The provisions of subsections (d), (e), and (f) of this section that impose liability may not be applied to an act committed or omitted in good faith in conformity with a regulation of the Commissioner, notwithstanding that the regulation is later amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

(d) (1) A person shall file with the Commissioner, in the form the Commissioner requires, a statement of the amount of all equity securities of a domestic stock insurer of which the person is the beneficial owner within 10 days after the person becomes:

(i) directly or indirectly the beneficial owner of more than 10% of any class of equity security of the domestic stock insurer; or

(ii) a director or officer of the domestic stock insurer.

(2) Within 10 days after the end of each calendar month in which there has been a change in ownership of securities that are subject to reporting under paragraph (1) of this subsection, the person whose ownership has changed shall file with the Commissioner, in the form the Commissioner requires, a statement indicating the person’s ownership at the end of the calendar month and the changes in ownership that have occurred during that calendar month.

(e) (1) The purpose of this subsection is to prevent the unfair use of information that may have been obtained by a beneficial owner, director, or officer of a domestic stock insurer because of that person’s relationship to the domestic stock insurer.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, any profit realized by a beneficial owner, director, or officer of a domestic stock insurer from a purchase and sale, or a sale and purchase, of an equity security of the domestic stock insurer within a period of less than 6 months inures to and is recoverable by the domestic stock insurer, regardless of the intention of the beneficial owner, director, or officer in entering into the transaction of holding the equity security purchased or of not repurchasing the security sold for more than 6 months.

(ii) An equity security acquired in good faith in connection with a debt contracted prior to the 6-month period is not subject to subparagraph (i) of this paragraph.

(3) (i) A suit to recover any profit obtained in violation of this subsection may be brought in a court of competent jurisdiction by:

1. the domestic stock insurer; or

2. the owner of any security of the domestic stock insurer in the name and on behalf of the domestic stock insurer, if the domestic stock insurer fails or refuses to bring the suit within 60 days after a request to do so or fails to prosecute the suit diligently.

(ii) A suit under this subsection may not be brought more than 2 years after the date the profit was realized.

(4) This subsection may not be construed to apply to:

(i) a transaction in which the beneficial owner was not a beneficial owner both at the time of the purchase and sale, or the sale and purchase, of the security involved; or

(ii) a transaction that the Commissioner exempts by regulation as not within the purpose of this subsection.

(f) (1) A beneficial owner, director, or officer of a domestic stock insurer may not sell, directly or indirectly, an equity security of the domestic stock insurer if the person selling the equity security or the person’s principal does not own the equity security sold.

(2) A beneficial owner, director, or officer of a domestic stock insurer may not sell, directly or indirectly, an equity security of the domestic stock insurer owned by the person selling the security or the person’s principal if the person or the person’s principal:

(i) does not deliver the equity security against the sale within 20 days after the sale; or

(ii) within 5 days after the sale does not deposit the equity security in the mail or other usual channels of transportation.

(3) A person is not considered to have violated this subsection if the person proves that, notwithstanding the exercise of good faith, the person was unable to make the delivery or deposit within the time allowed or proves that to do so would cause undue inconvenience or expense.

(g) (1) The following provisions do not apply to a dealer acting in the ordinary course of the dealer’s business and incident to the establishment or maintenance by that dealer of a primary or secondary market, other than on an exchange as defined in the Securities Exchange Act of 1934, for an equity security, except for equity securities held by the dealer in an investment account:

(i) subsection (e) of this section, for any purchase and sale, or sale and purchase, of an equity security of a domestic stock insurer; and

(ii) subsection (f) of this section, for any sale of an equity security of a domestic stock insurer.

(2) By regulation as the Commissioner considers necessary or appropriate in the public interest, the Commissioner may define and require terms and conditions for:

(i) securities held in an investment account; and

(ii) transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
Md. Code, State Finance and Procurement § 3-609 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-609
§3–609.
Status: reserved

(a) There is a Construction Contingency Fund.

(b) The Fund is a continuing, nonlapsing, revolving fund that consists of:

(1) money appropriated to the Fund:

(i) in the annual budget; or

(ii) in an annual General Construction Loan Act or in a Maryland Consolidated Capital Bond Loan Act;

(2) unspent proceeds of an enabling act allocated to the Fund by the Governor under § 8–129 of this article; or

(3) the amount of an appropriation in an annual General Construction Loan Act or in a Maryland Consolidated Capital Bond Loan Act that is in excess of the amount needed for a project included in the Act and that is allocated to the Fund by the Governor.

(c) An appropriation or allocation to the Fund may not be made if it would cause the total balance in the Fund to exceed 1.25% of the capital debt affordability limit, determined under Title 8 of this article, for that year.

(d) With the advice and assistance of the Departments of Budget and Management and General Services, the Fund shall be administered by the Board of Public Works.

(e) With the approval of the Governor, the Secretaries of Budget and Management and General Services may request the Board of Public Works to authorize an expenditure from the Fund to supplement any capital appropriation or to conduct value engineering on a project:

(1) that is for a capital project to be owned by the State or a unit of the State government;

(2) that was contained in a capital appropriation of an annual budget, in an annual general construction loan, or in an annual Maryland consolidated capital bond loan; and

(3) (i) that is insufficient in amount to permit the initial award of a contract for the project to the bidder or offeror selected in accordance with applicable State law, or to cover change orders during construction of the project which do not increase the scope of the project;

(ii) if, in the belief of the Department of General Services or at the request of the budget committees, the project cost could be reduced or quality improved through the use of value engineering; or

(iii) that includes price adjustments for material price fluctuations of identified eligible project–specific materials.

(f) The Secretaries of Budget and Management and General Services shall evaluate any project for additional funding and certify in writing that the project meets the criteria in subsection (e) of this section and that:

(1) all reasonable attempts to reduce the cost of the project have been made;

(2) no practicable alternative exists for securing funding to complete the project; and

(3) the requested additional funding does not increase the scope of the project.

(g) (1) Prior to seeking approval from the Board of Public Works, the Department of General Services and the Department of Budget and Management shall:

(i) provide written notice to the budget committees on the planned use of the funds; and

(ii) allow 45 days for review and comment by the budget committees.

(2) Each time an expenditure from the Fund is authorized by the Board of Public Works, the amount specified by the Board of Public Works may be transferred from the account to the appropriate annuity bond account to supplement the specified authorization.

(h) Within 1 month after the end of each year, the Secretaries of Budget and Management and General Services shall submit a report on activity from January 1 through December 31 of that year, subject to § 2–1257 of the State Government Article, to the General Assembly on the money:

(1) appropriated to the Fund;

(2) authorized for expenditure from the Fund; and

(3) expended from the Fund.

(i) Money in the Fund shall be deposited with the State Treasurer.
Md. Code, Financial Institutions § 3-803 — MD Code / Article gfi / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) A commercial bank may dissolve voluntarily, if the stockholders of the commercial bank and the Commissioner approve the dissolution as provided in this section.

(b) A proposed voluntary dissolution shall be approved by the affirmative vote of the stockholders of the commercial bank who own two thirds of its capital stock.

(c) (1) After a proposed voluntary dissolution is approved by the stockholders, the board of directors of the commercial bank shall give the following notices.

(2) The board shall give written notice to the Commissioner of the intended dissolution. This notice shall be certified under the corporate seal of the commercial bank by its president and by its cashier or treasurer.

(3) The board also shall give notice to creditors of the commercial bank to present for payment any claim against it. This notice shall be published once each week for 8 consecutive weeks in a newspaper published in the county where the commercial bank has its principal banking office.

(d) The Commissioner may approve the intended dissolution only if the Commissioner determines that the commercial bank is solvent.
Md. Code, Commercial Law § 3-410 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

(a) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.

(b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.

(c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.
Md. Code, State Personnel and Pensions § 3-601 — MD Code / Article gsp / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) (1) A memorandum of understanding shall contain all matters of agreement reached in the collective bargaining process.

(2) The memorandum shall be in writing and signed by the exclusive representative involved in the collective bargaining negotiations and:

(i) for a memorandum of understanding relating to the State, the Governor or the Governor’s designee;

(ii) for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service;

(iii) for a memorandum of understanding relating to a system institution of the University System of Maryland, the Chancellor or the Chancellor’s designee; and

(iv) for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee.

(b) No memorandum of understanding is valid if it extends for less than 1 year or for more than 3 years.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a memorandum of understanding is not effective until it is ratified by the Governor and a majority of the votes cast by the employees in the bargaining unit.

(2) In the case of a State institution of higher education or the University System of Maryland, a memorandum of understanding is not effective until it is ratified by the institution’s governing board or the University System of Maryland Board of Regents and a majority of the votes cast by the employees in the bargaining unit.

(3) In the case of the Maryland Environmental Service, a memorandum of understanding is not effective until it is ratified by the Board of Directors of the Service and a majority of the votes cast by the employees in the bargaining unit.
Md. Code, Health Occupations § 3-318 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-318
§3–318.
Status: in_force

(a) If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of chiropractic, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board.

(b) In return for the privilege to practice chiropractic in the State, the applicant or licensee is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim of privilege as to the testimony or examination reports of the examining health care professional.

(c) The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice chiropractic competently unless the Board finds that the failure or refusal was beyond the control of the licensee.

(d) The Board shall pay the cost of any examination made under this section.
Md. Code, Financial Institutions § 3-721 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-721
§3–721.
Status: in_force

Any amount due to an objecting stockholder under this Part II is a debt of the successor.
Md. Code, Public Safety § 3-114 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

The Maryland Police Training and Standards Commission shall adopt regulations to implement this subtitle.
Md. Code, Financial Institutions § 3-704 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, the Commissioner shall publish a notice of the filing of the agreement.

(2) The notice shall be published in the Maryland Register as provided in the State Documents Law.

(b) Subject to confirmation by the Secretary of Labor, the Commissioner may approve an agreement without the notice required by this section if:

(1) The agreement and proposed transaction meet the requirements of § 3–706 of this subtitle;

(2) The financial condition or stability of one of the constituent banks is such that a delay of the proposed transaction will cause an economic hardship to it; and

(3) Approval of the agreement is in the public interest.
Md. Code, Business Regulation § 3-201 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) The Commissioner shall administer and enforce this title.

(b) (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering and enforcing this title.

(2) The Workers’ Compensation Commission shall pay the cost of administering and enforcing this title from money that the Commission receives under § 9-316 of the Labor and Employment Article.
Md. Code, Labor and Employment § 3-1206 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1206
§3–1206.
Status: in_force

The Commissioner shall adopt regulations to implement the provisions of this subtitle.
Md. Code, Election Law § 3-103 — MD Code / Article gel / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

The State Board shall maintain a page on its website that:

(1) explains in plain, easily understandable language the requirements for students enrolled in institutions of higher education to register to vote in the State; and

(2) includes links to information regarding voter registration requirements and voting by absentee ballot in other states in which students enrolled in institutions of higher education may reside.
Md. Code, Economic Development § 3-402 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

There is a Partnership for Workforce Quality Program in the Department.
Md. Code, Corporations and Associations § 3-709 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-709
§3–709.
Status: in_force

This subtitle shall only apply to a Maryland corporation.
Md. Code, Agriculture § 3-903 — MD Code / Article gag / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: in_force

Instead of any other penalty authorized under this article, a person who violates this subtitle is subject to a civil penalty of:

(1) For a first violation, $500 for each horse being transported; and

(2) For a second or subsequent violation, $1,000 for each horse being transported.
Md. Code, Real Property § 3-303 — MD Code / Article grp / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

The clerk shall transmit recorded documents to the State Archivist.
Md. Code, Courts and Judicial Proceedings § 3-8A-28 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-28
§3–8A–28.
Status: in_force

The court may enter a judgment of restitution against the parent of a child, the child, or both as provided under Title 11, Subtitle 6 of the Criminal Procedure Article.
Md. Code, Tax - General § 3-113 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) The principal office of the Tax Court is in Baltimore City, at a location that the Board of Public Works chooses.

(b) The offices of the Tax Court shall be open for business:

(1) during the hours that the Governor designates; and

(2) at any additional time as the Tax Court considers necessary.
Md. Code, Transportation § 3-516 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-516
§3–516.
Status: in_force

(a) Counties which can demonstrate an ability to pay their proportionate share of debt service on the bonds may participate in the program only after:

(1) The county’s participation in the program has been approved by a local ordinance or resolution enacted after public notice and public hearings as required in accordance with State and local public laws, charters, or ordinances; and

(2) A list of projects which may be undertaken under the local program has been available for review by the public at the public hearing.

(b) The obligations undertaken under this subtitle by participating counties, the borrowing which they represent, any pledge of the full faith and credit of the participating counties or any other guarantee of the participating counties, and the programs or projects being financed are subject to:

(1) Any referendum requirements of the charter or other local law of the counties; and

(2) Any limitation of the charter or local law on the rate of taxation or the aggregate amount of taxes that may be levied within the counties.
Md. Code, Transportation § 3-601 — MD Code / Article gtr / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: reserved

(a) In order to utilize to the greatest extent possible the benefits of available financial resources relating to transportation purposes, including federal grants, loans, transportation facility revenue sources, and other programs, the Department from time to time may issue its bonds and otherwise borrow funds, as provided in this subtitle, to finance the costs of transportation facilities.

(b) The Department may apply for any financial assistance in support of projects deemed appropriate by the Secretary.

(c) The Department may undertake the following actions and do all things necessary and appropriate consistent with such actions to utilize the available resources specified in subsection (a) of this section:

(1) Pledge and use existing and anticipated federal funds paid to or expected to be paid to the Department for transportation purposes for the payment of the principal of and interest on the Department’s bonds or other debt obligations issued under this subtitle to finance the costs of transportation facilities; and

(2) (i) Borrow funds from the federal government or its agencies, and evidence such borrowing with a promissory note or other evidence of obligation;

(ii) Borrow funds from a nongovernment lender if the loan is guaranteed by the federal government or its agencies; and

(iii) 1. Use the proceeds of the loans described in items (i) and (ii) of this paragraph in connection with transportation facilities including use of the proceeds to pay the costs of financing transportation facilities and the payment of debt service on the Department’s bonds issued in connection with such transportation facilities;

2. Repay the loans with revenues attributable to the transportation facilities being financed; and

3. Pledge revenues attributable to the transportation facilities being financed in order to secure the Department’s obligations to the federal government or its agencies or a nongovernment lender in connection with the loans.

(d) If the Department intends to pledge any future federal aid from any source to support repayment of bonds issued under this subtitle:

(1) The aggregate outstanding and unpaid principal amount of debt issued under this subtitle or Title 4, Subtitle 3 of this article that is secured by a pledge of future federal aid may not exceed $1,000,000,000 as of June 30 of any fiscal year, provided that the proceeds may be used only for:

(i) Designing and constructing the Baltimore Red Line;

(ii) Procuring zero–emission buses consistent with § 7–406 of the Transportation Article and constructing related infrastructure, including bus maintenance facilities;

(iii) Developing and constructing the Southern Maryland Rapid Transit Corridor;

(iv) Designing and constructing improvements to the Maryland Route 2 and Route 4 corridor, including the Thomas Johnson Bridge;

(v) Designing and constructing improvements to the Maryland Route 90 corridor;

(vi) Designing and constructing improvements to the Interstate 81 corridor; or

(vii) Major rehabilitation of the existing light rail system, including replacement light rail vehicles and related station and maintenance facility improvements;

(2) The date of maturity may not be later than 15 years after the date of issue; and

(3) No part of the tax levied under § 3–215 of this title may be repealed, diminished, or applied to any other purpose until:

(i) The bonds issued under this subtitle and interest on them have become due and fully paid; or

(ii) Adequate and complete provision for payment of the principal and interest has been made.

(e) (1) By resolution of the Secretary, the Department may:

(i) Borrow funds to finance the costs of transportation facilities;

(ii) Evidence the borrowing by the issuance and sale of revenue–backed bonds; and

(iii) Pledge and use a dedicated revenue source, which may include revenues attributable to the transportation facilities being financed, for the payment of the principal of and interest on the Department’s revenue–backed bonds described in this subsection.

(2) Payment of the principal of or interest on revenue–backed bonds issued under this subtitle may not be supported directly or indirectly by State tax revenues pledged to meet debt service on Consolidated Transportation Bonds as prescribed under § 3–215 of this title.
Md. Code, Courts and Judicial Proceedings § 3-8A-12 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-12
§3–8A–12.
Status: in_force

(a) A statement made by a participant while counsel and advice are being given, offered, or sought, in the discussions or conferences incident to an informal adjustment may not be admitted in evidence in any adjudicatory hearing or peace order proceeding or in a criminal proceeding against the participant prior to conviction.

(b) Any information secured or statement made by a participant during a preliminary or further inquiry pursuant to § 3–8A–10 of this subtitle or a study pursuant to § 3–8A–17 of this subtitle may not be admitted in evidence in any adjudicatory hearing or peace order proceeding except on the issue of respondent’s competence to participate in the proceedings and responsibility for his conduct as provided in § 3–109 of the Criminal Procedure Article where a petition alleging delinquency has been filed, or in a criminal proceeding prior to conviction.

(c) A statement made by a child, his parents, guardian or custodian at a waiver hearing is not admissible against him or them in criminal proceedings prior to conviction except when the person is charged with perjury, and the statement is relevant to that charge and is otherwise admissible.

(d) If jurisdiction is not waived, any statement made by a child, his parents, guardian, or custodian at a waiver hearing may not be admitted in evidence in any adjudicatory hearing unless a delinquent offense of perjury is alleged, and the statement is relevant to that charge and is otherwise admissible.
Md. Code, Labor and Employment § 3-1308 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1308
§3–1308.
Status: in_force

(a) If an employee believes that an employer has violated this subtitle, the employee may file a written complaint with the Commissioner.

(b) (1) Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.

(2) (i) If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Commissioner determines that an employer has violated this subtitle, the Commissioner shall issue an order.

(ii) An order issued under subparagraph (i) of this paragraph:

1. shall describe the violation;

2. shall direct the payment of the full monetary value of any unpaid earned sick and safe leave and any actual economic damages;

3. may, in the Commissioner’s discretion, direct the payment of an additional amount up to three times the value of the employee’s hourly wage for each violation; and

4. may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this subtitle.

(3) The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

(c) (1) Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

(2) If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

(i) the Commissioner may:

1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or

2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and

(ii) within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.

(3) If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

(i) three times the value of the employee’s unpaid earned sick and safe leave;

(ii) punitive damages in an amount to be determined by the court;

(iii) reasonable counsel fees and other costs;

(iv) injunctive relief, if appropriate; and

(v) any other relief that the court deems appropriate.
Md. Code, Business Occupations and Professions § 3-211 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Health Occupations § 3-602 — MD Code / Article gho / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2032.
Md. Code, Alcoholic Beverages and Cannabis § 3-206 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) The Executive Director may issue a replacement license to a license holder whose license is lost or destroyed on receiving:

(1) an application under oath; and

(2) payment of a $1 fee.

(b) On the replacement license, the word “replacement” shall appear with all of the information that appeared on the original license.
Md. Code, Labor and Employment § 3-1401 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1401
§3–1401.
Status: in_force

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

(b) “Eligible employee” means an individual who has requested that an employer provide organ donation leave and who, as of the date that the requested organ donation leave begins, will have been employed by that employer for at least:

(1) a 12–month period; and

(2) 1,250 hours during the previous 12 months.

(c) “Employer” means a person that employs at least 15 individuals in the State.

(d) “Organ donation leave” means leave described in § 3–1402(a) of this subtitle.
Md. Code, Criminal Law § 3-1103 — MD Code / Article gcr / Title 3 / Subtitle 11 / Section 3-1103
§3–1103.
Status: in_force

(a) A person may not knowingly:

(1) take or detain another with the intent to use force, threat, coercion, or fraud to compel the other to marry any person;

(2) receive a financial benefit or thing of value in relation to a violation of this subsection; or

(3) aid, abet, or conspire with another to violate this subsection.

(b) A person who violates this section is guilty of the felony of forced marriage and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both.

(c) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the victim.
Md. Code, Education § 3-1001 — MD Code / Article ged / Title 3 / Subtitle 10 / Section 3-1001
§3–1001.
Status: in_force

(a) (1) The descriptions of school board districts in this section refer to the geographical boundaries of the election districts and precincts:

(i) As reviewed and certified by the Prince George’s County Board of Elections or its designees before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 2020 Census Redistricting Data Program; and

(ii) As those precinct lines are specifically shown on the Public Law 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Department of Planning.

(2) Where precincts are split between board of education districts, census tract and block numbers, as indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and referred to in this subtitle, are used to define the boundaries of board of education districts.

(b) School board district I consists of:

(1) Election district 1, precincts 1 through 7;

(2) Election district 10, precincts 1 through 14;

(3) Election district 14, precincts 8, 11, 12, 16, and 17; and

(4) Election district 21, precincts 14, 92, and 97.

(c) School board district II consists of:

(1) Election district 1, precinct 8;

(2) Election district 19, precincts 1, 2, 5, 98, and 99;

(3) Election district 20, precincts 1, 5, 6, 10, 12, 13, and 21; and

(4) Election district 21, precincts 1 through 4, 6 through 13, 15 through 18, 91, 94, 95, 96, 98, and 99.

(d) School board district III consists of:

(1) Election district 2, precincts 96, 98, and 99;

(2) Election district 16, precincts 1 through 5 and 98;

(3) Election district 17, precincts 1 through 15;

(4) Election district 19, precinct 3; and

(5) Election district 21, precincts 5 and 19.

(e) School board district IV consists of:

(1) Election district 2, precincts 1 through 10 and 97;

(2) Election district 13, precincts 2, 3, 8, 14, 17, 19, 20, 22, and 99;

(3) Election district 14, precinct 2;

(4) Election district 16, precinct 99;

(5) Election district 18, precincts 5, 12, and 14;

(6) Election district 19, precinct 4; and

(7) Election district 20, precincts 2, 4, 7, 8, 9, 11, 14 through 20, and 97.

(f) School board district V consists of:

(1) Election district 3, precincts 2, 3, and 5 through 8;

(2) Election district 7, precincts 1 through 11 and 13 through 24; and

(3) Election district 14, precincts 1, 3 through 7, 9, 10, 13, 14, and 15.

(g) School board district VI consists of:

(1) Election district 6, precincts 19, 20, and 99;

(2) Election district 7, precinct 12;

(3) Election district 13, precincts 1, 4 through 7, 9 through 13, 15, 16, 18, 21, 23, 24, and 25;

(4) Election district 18, precincts 1 through 4, 6 through 11, 13, 15, 16, and 99; and

(5) Election district 20, precincts 3, 98, and 99.

(h) School board district VII consists of:

(1) Election district 3, precinct 4;

(2) Election district 6, precincts 1, 3 through 12, 15 through 18, 21 through 29, and 98;

(3) Election district 15, precincts 2 and 5; and

(4) That part of election district 9, precinct 3 that consists of census tract 8019.04, blocks 1015, 1016, 1034, and 1035.

(i) School board district VIII consists of:

(1) Election district 5, precincts 2, 3, 6, 7, and 11;

(2) Election district 6, precincts 2, 13, and 14;

(3) Election district 9, precincts 2, 5, 12, and 13; and

(4) Election district 12, precincts 1 through 18.

(j) School board district IX consists of:

(1) Election district 3, precinct 1;

(2) Election district 4, precinct 1;

(3) Election district 5, precincts 1, 4, 5, 8, 9, 10, and 12;

(4) Election district 8, precinct 1;

(5) Election district 9, precincts 1, 4, 6 through 11, 14, and 15;

(6) Election district 11, precincts 1 through 5;

(7) Election district 15, precincts 1, 3, 4, and 6; and

(8) That part of election district 9, precinct 3 that consists of:

(i) Census tract 8011.05, blocks 1000 through 1011 and 2000 through 2018; and

(ii) Census tract 8011.06, blocks 1000 through 1009, 2000 through 2003, and 3000 through 3012.
Md. Code, Economic Development § 3-405 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) (1) An employer receiving assistance under the Program shall be located in the State.

(2) In order to receive assistance under the Program, an employer shall request training assistance in job–specific skills to train new employees or to upgrade or retain existing Maryland–based employees covered under Title 8 of the Labor and Employment Article.

(b) The Secretary shall give priority to employers that are:

(1) manufacturers; or

(2) threatened by the pressure of increased foreign or domestic competition.
Md. Code, Criminal Law § 3-101 — MD Code / Article gcr / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Licensed health care professional” means a duly licensed or certified:

(1) physician;

(2) surgeon;

(3) podiatrist;

(4) osteopath;

(5) osteopathic physician;

(6) osteopathic surgeon;

(7) physician assistant;

(8) registered nurse;

(9) licensed practical nurse;

(10) nurse practitioner;

(11) dentist;

(12) pharmacist; or

(13) emergency medical services provider, in accordance with § 13-516 of the Education Article.

(c) “Suicide” means the act or instance in which an individual intentionally takes the individual’s own life.
Md. Code, Health - General § 3-401 — MD Code / Article ghg / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

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

(b) “Authorized prescriber” means a licensed registered nurse, licensed dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other individual authorized by law to prescribe prescription or nonprescription drugs or devices.

(c) “Committee” means the Committee on Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments.

(d) (1) “Device” means an item used in the diagnosis, treatment, or prevention of disease.

(2) “Device” does not include:

(i) Surgical or dental instruments;

(ii) Physical therapy equipment;

(iii) X–ray apparatuses; or

(iv) Component parts of or accessories for any of the items described in items (i) through (iii) of this paragraph.

(e) (1) “Dispense” means a procedure that results in the receipt of a drug or device by a patient or a patient’s agent.

(2) “Dispense” includes:

(i) Interpreting an authorized prescriber’s prescription for a drug or device;

(ii) Selecting and labeling the drug or device prescribed;

(iii) Measuring and packaging the drug or device in accordance with State and federal law; and

(iv) Documenting the transaction in the patient’s medical record.

(f) “Drug” means, unless the context requires otherwise, a prescription or nonprescription drug.

(g) “Formulary” means a list of drugs and devices.

(h) “Nonprescription drug” means a drug that:

(1) May be sold without a prescription; and

(2) Is labeled for use by a consumer in accordance with State and federal law.

(i) “Personally prepare and dispense” means to:

(1) Physically prepare a prescription;

(2) Perform a final check of the prescription before dispensing it to a patient; and

(3) Not delegate any step of the dispensing process.

(j) “Prescription drug” means a drug that, under § 21–220 of this article, may be dispensed only on the prescription of an authorized prescriber.

(k) “Registered nurse” means an individual who:

(1) Is licensed by the State Board of Nursing to practice registered nursing under Title 8 of the Health Occupations Article; and

(2) Personally prepares and dispenses drugs and devices in a local health department:

(i) In accordance with the Overdose Response Program under Title 13, Subtitle 31 of this article or the Expedited Partner Therapy Pilot Program under § 18–214.1 of this article; or

(ii) To patients in need of communicable disease, alcohol and drug abuse, family planning, or reproductive health services.
Md. Code, Public Safety § 3-212 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

(a) (1) Subject to the hearing provisions of subsection (b) of this section, the Commission may suspend or revoke the certification of a police officer if the police officer:

(i) violates or fails to meet the Commission’s standards;

(ii) violates the Maryland Use of Force Statute under § 3–524 of this title; or

(iii) knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article.

(2) The Commission shall revoke the certification of a police officer who was:

(i) convicted of a felony;

(ii) convicted of perjury or another misdemeanor relating to truthfulness and veracity; or

(iii) previously fired or resigned while being investigated for serious misconduct or use of excessive force.

(b) (1) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Commission takes any final action under subsection (a)(1) of this section, the Commission shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission.

(2) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) A police officer aggrieved by the findings and order of the Commission may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.

(d) The Commission shall create a statewide database to track police officer decertifications due to improper use of force.
Md. Code, Agriculture § 3-115 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-115
§3–115.
Status: in_force

(a) The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare by strictly regulating in this State the importation, transportation, sale, transfer, and possession of those animals which pose a possibility of:

(1) The introduction of a disease or pest harmful to livestock or poultry;

(2) Problems of enforcing laws and regulations relative to agriculture and animal husbandry; or

(3) Threatening the physical welfare of livestock or poultry populations.

(b) (1) For the purposes of this subsection, “animal” does not include:

(i) Human beings;

(ii) Livestock or poultry; or

(iii) Wildlife regulated by the Department of Natural Resources.

(2) The Secretary may promulgate a list of animals determined to be harmful to livestock or poultry and prohibit or restrict their transportation, importation, sale, transfer, and possession in this State.
Md. Code, Labor and Employment § 3-404 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

This subtitle does not diminish:

(1) the right of employees to bargain collectively with their employers through representatives whom the employees choose to establish wages or other conditions of employment in excess of the applicable minimum under this subtitle; or

(2) a right of an employee that is granted under the federal Act.
Md. Code, Public Safety § 3-601 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) (1) A law enforcement agency may not establish a mandatory waiting period before taking a missing person report.

(2) A law enforcement agency shall make every effort to inform the general public and the family of a missing person that the agency does not impose a mandatory waiting period before taking a missing person report.

(b) In accordance with subsection (a) of this section, a law enforcement agency:

(1) shall accept without delay a report of a missing person provided in person; and

(2) may accept a report of a missing person by phone or other electronic means if:

(i) that form of reporting is consistent with the policy of the law enforcement agency; and

(ii) the reporting person completes the report in person as soon as possible.

(c) With regard to a missing person as defined in § 3–604 of this subtitle, a law enforcement agency shall enter all necessary and available information into the National Crime Information Center computer network within 2 hours after receipt of the minimum information necessary to make the entry.
Md. Code, Labor and Employment § 3-104 — MD Code / Article gle / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

The Commissioner may delegate any power or duty of the Commissioner under § 3–102(c) of this subtitle and Subtitles 2, 4, 5, and 9 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 3-602 — MD Code / Article gab / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) Revocation or suspension procedures may be started:

(1) by the Executive Director, at the Executive Director’s initiative;

(2) on the complaint of a deputy or an inspector that the Executive Director employs to administer this article;

(3) on the complaint of a peace officer;

(4) if the license holder or permit holder is located in a municipality that is within a county, on the complaint of the mayor and council of the municipality; or

(5) on the written complaint of at least 10 residents, real estate owners, or voters of the precinct in which the licensed premises is located.

(b) Subject to subsection (c) of this section, a license holder or permit holder against whom proceedings under this section are brought shall:

(1) be entitled to a hearing on the charges in the complaint; and

(2) receive notice of the hearing at least 10 days before the hearing date.

(c) The Executive Director may immediately suspend a license or permit for a violation of record–keeping or reporting requirements under § 1–408 of this article.
Md. Code, Correctional Services § 3-810 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-810
§3–810.
Status: in_force

(a) On the recommendation of treatment staff and with the approval of the managing official of a correctional facility in the Division, the Commissioner or Deputy Commissioner may grant special leave to an incarcerated individual to allow an incarcerated individual to participate in a special community or other meritorious program or activity within or outside of the State that the Commissioner and managing official believe:

(1) would benefit the incarcerated individual;

(2) would not be detrimental to the public; and

(3) would help rehabilitate the incarcerated individual.

(b) The Commissioner or Deputy Commissioner may grant special leave for the purpose of allowing an incarcerated individual to:

(1) attend an educational program;

(2) improve job skills;

(3) attend a trade licensing examination;

(4) be interviewed for employment;

(5) participate as a volunteer for a governmental unit in an activity that serves the general public;

(6) participate in athletic competition;

(7) participate in a civic activity that benefits the incarcerated individual or the community; or

(8) participate in a residential or nonresidential treatment program including a program for pregnant women or a program to establish bonding between mothers and newborn children.

(c) An incarcerated individual granted leave under this section may be allowed to remain outside the institution for any period of time consistent with public safety.

(d) (1) An incarcerated individual is not eligible for special leave under this section unless the managing official and Commissioner concur that positive attitudinal and growth patterns are being established.

(2) Special leave shall be issued in writing and signed personally by both the managing official and either the Commissioner or Deputy Commissioner.

(3) As a condition of granting special leave, the Commissioner may require that the incarcerated individual agree to waive the right to contest extradition proceedings.

(4) The Commissioner or Deputy Commissioner shall file the order granting special leave in the Division.
Md. Code, Labor and Employment § 3-902 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

This subtitle applies only to the following industries:

(1) construction services; and

(2) landscaping services.
Md. Code, Insurance § 3-106 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

To qualify for a certificate of authority to engage in the insurance business, a mutual insurer must:

(1) meet the requirements of § 3-105 of this subtitle; and

(2) have received applications and collected cash premiums in an amount that, when added to any other legally available funds, results in unencumbered assets greater than all required reserves and other liabilities at least equal to the amount required by:

(i) Sections 4-104 and 4-105 of this article, if the mutual insurer will be authorized to engage in insurance business on a nonassessable basis; or

(ii) Section 3-107 of this subtitle, if the mutual insurer will be authorized to engage in insurance business on an assessable basis.
Md. Code, Labor and Employment § 3-1707 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1707
§3–1707.
Status: in_force

An essential employer may not knowingly misclassify an essential worker as an independent contractor or other classification in order to avoid paying an essential worker any benefits due during an emergency under this subtitle.
Md. Code, Natural Resources § 3-201 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) (1) There is a Maryland Environmental Trust established to conserve, improve, stimulate, and perpetuate the aesthetic, natural, health and welfare, scenic, and cultural qualities of the environment, including, but not limited to land, water, air, wildlife, scenic qualities, open spaces, buildings or any interest therein, and other appurtenances pertaining in any way to the State.

(2) Through educational and other means, the Trust shall encourage and motivate the populace of the State and others to do so and shall promote continuing interest in and the study of these matters.

(3) The purpose of the Trust is of general benefit to the citizens of the State, and it is charitable in nature.

(b) The Trust has perpetual existence subject to modification or termination by the General Assembly if necessary to effectuate its purpose or when and if its substantial purpose ceases.

(c) (1) In this subsection, “ecosystem services” includes:

(i) Climate resilience;

(ii) Carbon sequestration;

(iii) The provision of wildlife habitat;

(iv) Contributions to forest health; and

(v) The protection or restoration of wetlands.

(2) An easement approved by the Trust may allow for the potential of economic return from the protection, management, maintenance, or improvement of ecosystem services provided by the property, so long as the Trust determines those uses do not impair or interfere with the conservation values and purposes of the easement and are otherwise consistent with the Trust’s policies related to ecosystem services.
Md. Code, Business Occupations and Professions § 3-406 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

The Board shall issue a permit to each applicant who meets the requirements of this subtitle and pays to the Board a permit fee set by the Board.
Md. Code, Financial Institutions § 3-305 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) A reduction of the outstanding capital stock of a commercial bank:

(1) Is not valid unless approved by the Commissioner; and

(2) May not be made to an amount that is less than that required in § 3-209(b) of this title.

(b) The Commissioner shall base approval on a finding that the assets of the commercial bank remaining after the proposed reduction of its capital stock will be sufficient to pay all of the claims of existing creditors.
Md. Code, Courts and Judicial Proceedings § 3-2B-09 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-09
§3–2B–09.
Status: in_force

This subtitle may be cited as the Maryland International Commercial Arbitration Act.
Md. Code, Insurance § 3-316 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-316
§3–316.
Status: in_force

(a) Unless a certificate of qualification is renewed for a 2–year term as provided in this section, the certificate of qualification expires every other year on the date stated on the certificate of qualification.

(b) At least 1 month before a certificate of qualification expires, the Commissioner shall send to the holder of the certificate of qualification, at the last known address or electronic mail address of the holder on record a notice that states:

(1) the process for renewing the certificate of qualification;

(2) the date by which the Commissioner must receive the renewal application; and

(3) the amount of the renewal fee.

(c) Before a certificate of qualification expires, the holder periodically may renew it for an additional 2–year term, if the holder:

(1) otherwise is entitled to a certificate of qualification;

(2) submits to the Commissioner a renewal application:

(i) on the form that the Commissioner provides; or

(ii) in an electronic format that the Commissioner approves;

(3) pays to the Commissioner the renewal fee required by § 2–112 of this article; and

(4) complies with the bond requirement of § 3–313 of this subtitle.

(d) For an individual, a certificate of qualification renewed under this section shall have an expiration date that is the last day of the month in which the holder of the certificate of qualification was born.

(e) (1) If mailed, an application for renewal of a certificate of qualification shall be considered made in a timely manner if it is postmarked on or before the expiration date of the certificate of qualification.

(2) If submitted electronically, an application for renewal of a certificate of qualification shall be considered made in a timely manner if, on or before the expiration date of the certificate of qualification, the application:

(i) is addressed properly or otherwise directed properly to an information processing system that the Administration has designated or uses for the purpose of receiving electronic applications and from which the Administration is able to retrieve the application;

(ii) is in a form capable of being processed by that system; and

(iii) 1. enters an information processing system outside the control of the sender or of a person that sent the electronic application on behalf of the sender; or

2. enters a region of the information processing system designated or used by the Administration that is under the control of the Administration or an agent of the Administration.

(f) The Commissioner shall renew the certificate of qualification of each holder who meets the requirements of this section.

(g) The Commissioner may adopt regulations to carry out this section.
Md. Code, Business Regulation § 3-402 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) The Commissioner shall inspect:

(1) annually, each amusement attraction at an amusement park;

(2) annually, each inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground;

(3) except for an inflatable amusement attraction, each amusement attraction, if moved, before it begins operation at another location; and

(4) each new or modified amusement attraction before it begins public operation.

(b) (1) An amusement owner shall notify the Commissioner before operating an amusement attraction that is new, modified, or reconstructed.

(2) An owner or lessee of a carnival or fair shall:

(i) notify the Commissioner in writing at least 30 days before opening the carnival or fair at each location; and

(ii) give the Commissioner immediate notice of a change in the schedule of locations or dates if the schedule changes after notification.

(c) The Commissioner shall issue to an amusement owner a certificate of inspection for each amusement attraction at a carnival, fair, or amusement park if:

(1) after inspection the Commissioner finds that the amusement attraction complies with this title and the regulations adopted under it; and

(2) the amusement owner submits to the Commissioner a certificate of insurance for the amusement attraction as required by § 3–403 of this subtitle.

(d) (1) A certificate of inspection for an amusement attraction at an amusement park expires not more than 1 year after the date of issuance.

(2) A certificate of inspection for an amusement attraction at a fair or carnival expires not more than 30 days after the date of issuance.

(3) A certificate of inspection for an inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground expires not more than 1 year after the date of issuance.

(e) The certificate of inspection shall be posted in plain view on the amusement attraction.

(f) On information or notification of an accident or complaint that involves an amusement attraction, the Commissioner shall investigate the accident or complaint and inspect the amusement attraction.
Md. Code, Business Regulation § 3-204 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) The Commissioner may administer oaths, depose witnesses, and certify to official acts.

(b) The Commissioner may issue subpoenas for the attendance of witnesses to testify or to produce evidence.

(c) In addition to any duties set forth elsewhere, the Commissioner shall establish procedures necessary for reporting and keeping records to carry out the duties of the Commissioner under this title.
Md. Code, Courts and Judicial Proceedings § 3-1603 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1603
§3–1603.
Status: in_force

Instead of bringing a wrongful death action under Subtitle 9 of this title against a person described in § 3-1602 of this subtitle, a civil action for damages for the death of an individual caused by the individual’s use of a controlled dangerous substance may be brought under this subtitle by a parent, legal guardian, child, spouse, or sibling of the individual.
Md. Code, Transportation § 3-518 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-518
§3–518.
Status: in_force

(a) Counties may borrow the proceeds of bonds issued under this subtitle and enter into agreements with the Department evidencing the counties’ obligation to repay such loans, pursuant to such terms and conditions as the Department and the counties deem appropriate.

(b) A county may enter into any agreement necessary or appropriate to allow it to participate in a bond issue under this subtitle.

(c) An agreement authorized by this subsection may have such provisions, terms, and conditions, and may be of such duration, as the county by ordinance or resolution may determine.

(d) Except as provided in subsection (f) of this section, any payment obligation in an agreement authorized by this section may be either:

(1) A general obligation of the county to which its full faith and credit and unlimited taxing power is pledged and which may not be subject to annual appropriation by the county; or

(2) Any other obligation which the county is authorized to undertake.

(e) A payment obligation in an agreement authorized by this section may be undertaken by a county pursuant to a public or private sale, with or without public bidding.

(f) If a State constitutional provision limits a county in undertaking a payment obligation described in this section or requires a county to comply with certain procedures prior to undertaking a payment obligation described in this section, the county may provide that the payment obligation:

(1) Is a limited obligation of the county repayable from assets and revenues as provided in the agreement; or

(2) Is subject to annual appropriation by the county.

(g) The obligations undertaken under this subtitle by participating counties, the borrowing which they represent, any pledge of the full faith and credit of the participating counties or any other guarantee of the participating counties, and the programs or projects being financed are not subject to any requirement of charter or local law as to the form or public sale of bonds or obligations of the counties.
Md. Code, Public Safety § 3-111 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) A law enforcement agency may not negate or alter any of the requirements of this subtitle through collective bargaining.

(b) Collective bargaining may not be used to establish or alter any aspect of the process for disciplining a police officer.
Md. Code, Courts and Judicial Proceedings § 3-209 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) A court shall stay any action or proceeding involving an issue subject to arbitration if:

(1) A petition for order to arbitrate has been filed; or

(2) An order for arbitration has been made.

(b) If the issue subject to arbitration is severable, the court may order the stay with respect to this issue only.

(c) If a petition to stay has been filed with a court where any action or proceeding concerning arbitration is pending, the court’s order to arbitrate shall include the stay.
Md. Code, Alcoholic Beverages and Cannabis § 3-401 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) Subject to §§ 3–405 and 3–406 of this subtitle, a holder of an expiring license is entitled to an annual license renewal:

(1) on the approval of the license renewal application by the Executive Director;

(2) on payment of the annual license fee; and

(3) without filing or providing more information unless specifically requested by the Executive Director.

(b) Except as provided in §§ 3–406(a) and 3–407(c) of this subtitle, the Executive Director shall consider an application for license renewal in the same manner as for an original application.

(c) (1) In addition to any license fee otherwise required under this article, an applicant for renewal of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2 or 3 of this article shall pay to the Executive Director a renewal fee of $30.

(2) The renewal fee under this subsection does not apply to a license for which payment of an annual license fee is not otherwise required under this article.
Md. Code, Agriculture § 3-207 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

Any person who buys or receives any biological product in intrastate commerce shall maintain a correct record of the amount he receives, uses, and possesses.
Md. Code, Real Property § 3-304 — MD Code / Article grp / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) Except as provided in subsection (e) of this section, the clerk shall record each plat described under § 3–108 of this title.

(b) The clerk promptly shall send one copy of each plat to the supervisor of assessments of the county and one copy, with one half of the filing fee, to the State Archivist, who shall number and file the plat as part of the records of the State Archivist’s office.

(c) The State Archivist shall mail or deliver, free of cost, to any supervisor of assessments of the State, a copy of the plat on request.

(d) (1) Nothing in this section affects any recording fee of the clerk of the court under any local legislation prescribing recording fees for subdivision plats.

(2) The clerk and the State Archivist shall keep accurate memoranda of the filing fees.

(e) In Montgomery County, the clerk may record or maintain the plat in electronic form in a manner approved by the State Archivist.
Md. Code, Agriculture § 3-503 — MD Code / Article gag / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

The front and rear attendants shall carry a red lighted lantern from 30 minutes after sunset until sunrise to warn all persons approaching the herd so that proper precaution may be taken with reference to passing the herd.
Md. Code, Courts and Judicial Proceedings § 3-220 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-220
§3–220.
Status: in_force

(a) The arbitrators may, and on application of a party shall, order that part or all of the proceedings be transcribed.

(b) The record made from the transcript shall be available to either side for purpose of appeal or otherwise.
Md. Code, Criminal Law § 3-405 — MD Code / Article gcr / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) In this section, “motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

(b) (1) An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

(2) A violation of this subsection is carjacking.

(c) (1) A person may not employ or display a dangerous weapon during the commission of a carjacking.

(2) A violation of this subsection is armed carjacking.

(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(e) A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.

(f) It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.
Md. Code, Financial Institutions § 3-515 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-515
§3–515.
Status: in_force

(a) The trust company that establishes a common trust fund has exclusive management and control of the fund, including the sole right to transfer, change, or dispose of the assets in the fund.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, a trust company may not:

(i) Charge a fee for the management of a common trust fund; or

(ii) Receive from the fund or from any participating account any additional fee, commission, or compensation of any kind because of the participation of the account in the fund.

(2) A trust company may reimburse itself, from a common trust fund that it administers, for:

(i) Those reasonable expenses incurred in the administration of the fund that could have been charged to a separate fiduciary account if that account were not participating in the fund; and

(ii) Reasonable expenses incurred for audits of the fund by independent certified public accountants or court auditors as permitted or required under the fund plan or as otherwise required by law.
Md. Code, General Provisions § 3-209 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

The opinions of the Board are advisory only.
Md. Code, Labor and Employment § 3-508 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-508
§3–508.
Status: in_force

(a) An employer may not willfully violate this subtitle.

(b) An employee may not knowingly make to a governmental unit or official of a governmental unit a false statement with respect to any investigation or proceeding under this subtitle, with the intent that the governmental unit or official consider or otherwise act in connection with the statement.

(c) (1) An employer who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(2) An employee who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Business Occupations and Professions § 3-301 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

In this subtitle, “Council” means the National Council of Architectural Registration Boards.
Md. Code, Education § 3-4A-03 — MD Code / Article ged / Title 3 / Subtitle 4A / Section 3-4A-03
§3–4A–03.
Status: in_force

(a) At its first meeting in December of each year, the county board shall elect a president and vice president from among the board members.

(b) The county board shall meet at least once each month.
Md. Code, Land Use § 3-104 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) (1) A sensitive areas element shall include the goals, objectives, principles, policies, and standards designed to protect sensitive areas from the adverse effects of development.

(2) A local jurisdiction shall consider wildlife movement and habitat connectivity when enacting, adopting, amending, or executing a plan in accordance with § 3–101 of this subtitle.

(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall provide a statewide forest resource inventory to local jurisdictions at least every 5 years, to be available for the local comprehensive plan review by local jurisdictions required under §§ 1–416(a) and 3–301(a) of this article.

(2) The Department of Planning shall coordinate with the Department of Natural Resources and the State Highway Administration to provide each local jurisdiction with updated information on habitat connectivity concerns and current and planned wildlife crossings.

(c) Before the plan is adopted, the Department of the Environment and the Department of Natural Resources shall review the sensitive areas element to determine whether the proposed plan is consistent with the programs and goals of the departments.
Md. Code, Natural Resources § 3-210 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: reserved

(a) (1) Any function or activity of the Governor’s Committee to Keep Maryland Beautiful is transferred to the Trust.

(2) These functions and activities include, by way of enumeration and not limitation:

(i) Educating Maryland citizens and visitors in their individual responsibility in litter prevention and care of the out–of–doors through a two–fold approach:

1. Awareness–publicity through radio, TV, newspapers, and other public media; and

2. Action–cleanup and beautification projects carried out by civic organizations, county committees, and community groups in cooperation with public agencies;

(ii) Efficient use of public and private funds spent on cleaning up highways, parks, beaches, and other public and private property;

(iii) Increasing beauty through stimulation of private business, community, and public planting projects; and

(iv) Stimulating pride and appreciation for home, community, and State.

(b) (1) In fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $235,000 to the Trust, to be used in the following amounts for the following purposes:

(i) $50,000 per year to provide land stewardship capacity–building grants of up to $10,000 to land trusts to support monitoring and stewardship scholarships, land monitoring and stewardship equipment, or organizational accreditation and certification trainings;

(ii) $50,000 per year to provide land stewardship improvement grants of up to $10,000 to land trusts to support improved monitoring and stewardship of agricultural lands, forest lands, or lands facing a high degree of threat from invasive species or the effects of climate change; and

(iii) $135,000 per year to provide citizen stewardship grants of up to $5,000 to nonprofit organizations, community organizations, schools, and municipal corporations to engage community members, especially children and young adults, in environmental education and stewardship.

(2) Funds provided to the Trust under paragraph (1) of this subsection are supplemental to and are not intended to take the place of funding that would otherwise be appropriated to the Trust for grants administered under the Keep Maryland Beautiful Program.
Md. Code, State Finance and Procurement § 3-207 — MD Code / Article gsf / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

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

(2) “Historically black colleges and universities” means Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore.

(3) “Interagency agreement” means an agreement between an agency or unit of the Executive Branch of State government and a public institution of higher education that:

(i) has a duration of 3 years or more;

(ii) was in place during any part of the immediately preceding fiscal year; and

(iii) has a total value of more than $750,000.

(b) At least once every 3 years, the Department shall review each interagency agreement to determine:

(1) whether the agreement is necessary and should continue;

(2) whether the services can be provided more cost effectively by the agency or unit or through a competitive procurement; and

(3) whether the agreement is being utilized due to the agency’s or unit’s inability to recruit or retain positions and, if so, whether an annual salary review should be conducted to address recruitment or retention issues.

(c) The Department shall establish a cycle to review one–third of the interagency agreements each year.

(d) (1) Subject to paragraphs (2) and (3) of this subsection, on or before December 1 each year, the Department shall report a summary of the findings of the review required under subsection (b) of this section to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article.

(2) In each report required under paragraph (1) of this subsection, the Department shall provide the following information:

(i) the interagency agreements that will continue;

(ii) services that will be competitively procured;

(iii) services that will be provided by the agency or unit as a result of the review;

(iv) services that have been or will be canceled as a result of the review; and

(v) actions taken to address recruitment or retention issues identified as a result of the review.

(3) In each report required under paragraph (1) of this subsection, the Department shall provide information on interagency agreements with historically black colleges and universities, including:

(i) the total percentage of interagency contracts with historically black colleges and universities, by agency or unit; and

(ii) any recommendations for regulatory or statutory changes necessary to address barriers to interagency agreements with historically black colleges and universities.
Md. Code, Education § 3-1103 — MD Code / Article ged / Title 3 / Subtitle 11 / Section 3-1103
§3–1103.
Status: in_force

The compensation and expenses of the members of the county board shall be paid from the St. Mary’s County Board of Education operating funds.
Md. Code, Courts and Judicial Proceedings § 3-1701 — MD Code / Article gcj / Title 3 / Subtitle 17 / Section 3-1701
§3–1701.
Status: in_force

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

(2) “Casualty insurance” has the meaning stated in § 1–101 of the Insurance Article.

(3) “Commercial insurance” has the meaning stated in § 27–601 of the Insurance Article.

(4) (i) “Disability insurance” means insurance that provides for lost income, revenue, or proceeds in the event that an illness, accident, or injury results in a disability that impairs an insured’s ability to work or otherwise generate income, revenue, or proceeds that the insurance is intended to replace.

(ii) “Disability insurance” does not include payment for medical expenses, dismemberment, or accidental death.

(5) “Good faith” means an informed judgment based on honesty and diligence supported by evidence the insurer knew or should have known at the time the insurer made a decision on a claim.

(6) “Insurer” has the meaning stated in § 1–101 of the Insurance Article.

(7) “Property insurance” has the meaning stated in § 1–101 of the Insurance Article.

(b) This subtitle applies only to first–party claims under property and casualty insurance policies or individual disability insurance policies issued, sold, or delivered in the State.

(c) (1) Except as provided in paragraph (2) of this subsection, a party may not file an action under this subtitle before the date of a final decision under § 27–1001 of the Insurance Article.

(2) Paragraph (1) of this subsection does not apply to an action:

(i) Within the small claim jurisdiction of the District Court under § 4–405 of this article;

(ii) If the insured and the insurer agree to waive the requirement under paragraph (1) of this subsection; or

(iii) Under a commercial insurance policy on a claim with respect to which the applicable limit of liability exceeds $1,000,000.

(d) This section applies only in a civil action:

(1) (i) To determine the coverage that exists under the insurer’s insurance policy; or

(ii) To determine the extent to which the insured is entitled to receive payment from the insurer for a covered loss;

(2) That alleges that the insurer failed to act in good faith; and

(3) That seeks, in addition to the actual damages under the policy, to recover expenses and litigation costs, and interest on those expenses or costs, under subsection (e) of this section.

(e) Notwithstanding any other provision of law, if the trier of fact in an action under this section finds in favor of the insured and finds that the insurer failed to act in good faith, the insured may recover from the insurer:

(1) Actual damages, which actual damages may not exceed the limits of the applicable policy;

(2) Expenses and litigation costs incurred by the insured in an action under this section or under § 27–1001 of the Insurance Article or both, including reasonable attorney’s fees; and

(3) Interest on all actual damages, expenses, and litigation costs incurred by the insured, computed:

(i) At the rate allowed under § 11–107(a) of this article; and

(ii) From the date on which the insured’s claim would have been paid if the insurer acted in good faith.

(f) An insurer may not be found to have failed to act in good faith under this section solely on the basis of delay in determining coverage or the extent of payment to which the insured is entitled if the insurer acted within the time period specified by statute or regulation for investigation of a claim by an insurer.

(g) The amount of attorney’s fees recovered from an insurer under subsection (e) of this section may not exceed one–third of the actual damages recovered.

(h) The clerk of the court shall file a copy of the verdict or any other final disposition of an action under this section with the Maryland Insurance Administration.

(i) This section does not limit the right of any person to maintain a civil action for damages or other remedies otherwise available under any other provision of law.

(j) If a party to the proceeding elects to have the case tried by a jury in accordance with the Maryland Rules, the case shall be tried by a jury.
Md. Code, Correctional Services § 3-704 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) An incarcerated individual shall be allowed a deduction in advance from the incarcerated individual’s term of confinement.

(b) (1) The deduction allowed under subsection (a) of this section shall be calculated:

(i) from the first day of commitment to the custody of the Commissioner through the last day of the incarcerated individual’s term of confinement;

(ii) except as provided in paragraph (2) of this subsection, at the rate of 10 days for each calendar month; and

(iii) on a prorated basis for any portion of a calendar month.

(2) If an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article, the deduction described in subsection (a) of this section shall be calculated at the rate of 5 days for each calendar month.

(c) A deduction under this section may not be allowed for a period during which an incarcerated individual does not receive credit for service of the incarcerated individual’s term of confinement, including a period:

(1) during which the incarcerated individual’s sentence is stayed;

(2) during which the incarcerated individual is not in the custody of the Commissioner because of escape; or

(3) for which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.
Md. Code, Natural Resources § 3-915 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-915
§3–915.
Status: in_force

The bonds shall not be deemed to constitute a debt, liability or a pledge of the faith and credit of the State of Maryland or of any political subdivision thereof other than the Authority, but such bonds shall be payable solely from the funds herein provided therefor. All such bonds shall contain on the face thereof a statement to the effect that neither the State of Maryland nor any political subdivision thereof other than the Authority shall be obligated to pay the same or the interest thereon except from revenues pledged thereto and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this subtitle is not directly or indirectly or contingently an obligation, moral or other, of the State of Maryland or any political subdivision thereof to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment. Nothing contained in this section shall prevent the Authority from pledging its full faith and credit to the payment of bonds authorized pursuant to this subtitle. However, this section does not limit the ability of the State or a subdivision to set, impose, or collect an assessment, rate, fee, or charge to pay to the Authority the cost of a project, including the principal of and interest on a bond or note, under an agreement between the Authority and the State or subdivision.

Notwithstanding any limitations or other provisions to the contrary of Division II, Title 9, Subtitle 2 or Subtitle 3, Title 10, or Title 11 of the Local Government Article, or of any charter or local law regulating the creation of public debts, a subdivision may enter into contracts with the Authority for the purpose of defraying the Authority’s costs of acquiring, constructing, operating, or providing a project, which costs may include debt service requirements of the Authority relating to that project. These contracts are not intended and shall not be deemed to constitute or create a debt of the subdivision or a pledge of its faith or credit within the meaning of any of these limitations or any constitutional or other provisions. Such a project shall not be deemed to be a capital project of the subdivision within the meaning of any of these limitations or other provisions, and a resolution, ordinance, or other official action authorizing such contracts is not subject to referendum or other procedure not applicable to all ordinances or resolutions enacted by the subdivision. For the purposes of this section, the express powers contained and enumerated in Division II and Title 10 of the Local Government Article and in the charter of the City of Baltimore are deemed to incorporate and include the power and authority contained in this section.
Md. Code, Courts and Judicial Proceedings § 3-413 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

The provisions of this subtitle, except the provisions of §§ 3-403(a), 3-406, and 3-411 of this subtitle, are severable. The finding by a court that a severable provision of this subtitle is invalid does not affect the validity or operation of the other provisions of this subtitle, unless the court finds that the lone remaining valid provisions are incomplete and incapable of being executed in accordance with the legislative intent.
Md. Code, Public Utilities § 3-112 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) In a proceeding before the Commission where a person applies for the approval of the Commission under § 5–104, §§ 5–201 through 5–203, or §§ 6–101 through 6–103 of this article, the person shall show by clear and satisfactory evidence that granting the application complies with the requirements of this division and, as the case may be, is required by the public interest or is consistent with the public interest.

(b) In a proceeding involving a temporary or permanent new rate, or a temporary or permanent change in rate, the burden of proof is on the proponent of the new rate or change in rate.
Md. Code, Education § 3-6A-01 — MD Code / Article ged / Title 3 / Subtitle 6A / Section 3-6A-01
§3–6A–01.
Status: in_force

(a) (1) In this subtitle, “elected member” means a voting member elected under subsection (d) or (e) of this section or a member appointed to an elected position on the Harford County Board of Education under subsection (f)(1) of this section.

(2) “Elected member” does not include a:

(i) County superintendent of schools serving as an ex officio member of the county board; or

(ii) Student member selected under subsection (g) of this section.

(b) The county board consists of:

(1) Six elected members;

(2) Three appointed members;

(3) The county superintendent of schools, who is an ex officio nonvoting member; and

(4) One student member.

(c) (1) (i) A member from a councilmanic district shall be a resident of that district.

(ii) A member from a councilmanic district who no longer resides in that district may not continue as a member of the county board.

(2) A member of the county board shall be a registered voter of the county for at least 3 years prior to the date of the beginning of the term of office of the member.

(d) (1) Of the nine voting members of the county board elected or appointed under this subsection:

(i) One member shall be elected from each of the six councilmanic districts only by the voters of that councilmanic district; and

(ii) Three members shall be appointed by the County Executive, subject to the advice and consent of the County Council, by a vote of at least five members of the County Council.

(2) The elected members shall be elected at a general election as required by subsection (e) of this section.

(3) (i) The appointed members shall be appointed, when appropriate, within 90 days of the general election.

(ii) In appointing members to the county board, the County Executive shall ensure, to the extent practicable, that the total makeup of the county board reflects the gender, ethnic, and racial diversity of the county.

(e) (1) An elected member serves for a term of 4 years beginning on the first Monday in December after the election of the member and until a successor is elected and qualifies.

(2) Except as provided in paragraph (3) of this subsection, an appointed member serves for a term of 4 years beginning July 1 after the appointment of the member and until a successor is appointed and qualifies.

(3) The members appointed under subsection (d)(1)(ii) of this section within 90 days of the general election in 2022 shall serve for a term of 2 years and until a successor is appointed and qualifies.

(4) (i) Unless otherwise disqualified under this section, a member of the county board is eligible for reelection or reappointment.

(ii) A voting elected member or an appointed member may not serve for more than two consecutive terms as a voting member.

(5) The Harford County Board of Elections may adopt regulations to implement this subsection.

(f) (1) The Harford County Council shall appoint a qualified individual to fill any vacancy of an elected member on the county board for the remainder of the term and until a successor is elected and qualifies.

(2) (i) The County Executive shall appoint a qualified individual to fill any vacancy of an appointed member of the county board for the remainder of the term and until a successor is appointed and qualifies.

(ii) An appointment made in accordance with this paragraph is subject to the advice and consent of the County Council by a vote of at least five members of the County Council.

(g) (1) The student member of the county board shall be elected by the high school students of the county in accordance with procedures established by the Harford County public school system.

(2) The student member shall:

(i) Be an eleventh or twelfth grade student, in good standing, and regularly enrolled in the Harford County public school system;

(ii) Be a student government association representative at the student’s high school;

(iii) Serve for 1 year beginning on July 1 after the election of the member;

(iv) Except as otherwise provided in paragraph (3) of this subsection, be a voting member; and

(v) Advise the county board on the thoughts and feelings of students in the Harford County public schools.

(3) (i) Except as otherwise provided in subparagraph (iii) of this paragraph, the student member of the county board has the same rights and privileges as a member appointed or elected under subsection (d) of this section.

(ii) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board addressing a matter on which a student member is prohibited from voting on under subparagraph (iii) of this paragraph.

(iii) The student member shall vote on and participate in all matters except those relating to:

1. Geographical attendance areas under § 4–109 of this article;

2. Acquisition and disposition of real property and matters pertaining to school construction under § 4–115 of this article;

3. Employment of architects under § 4–117 of this article;

4. Donations under § 4–118 of this article;

5. Condemnation under § 4–119 of this article;

6. Consolidation of schools and transportation of students under § 4–120 of this article;

7. Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;

8. Employee discipline and other appeals under § 4–205(c) of this article;

9. Budgetary matters under Title 5 of this article;

10. Appointment and promotion of staff under § 6–201 of this article;

11. Discipline of certificated staff under § 6–202 of this article;

12. Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article;

13. Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article;

14. Student suspension and expulsion under § 7–305 of this article; and

15. School calendar and curriculum.
Md. Code, Public Safety § 3-502 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) In this section, “police officer” means a member of:

(1) a police force of this State or another state;

(2) a police force of a county or municipal corporation of this State or another state;

(3) the United States Secret Service Uniformed Division;

(4) the United States Park Police;

(5) the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police;

(6) the Federal Bureau of Investigation;

(7) the Drug Enforcement Administration; or

(8) a division of a federal agency the primary duties of which are the investigation, apprehension, or detention of individuals suspected or convicted of federal crimes.

(b) A person may not, with fraudulent design on person or property, falsely represent that the person is a police officer, special police officer, sheriff, deputy sheriff, or constable.

(c) Except as provided in subsection (e) of this section, a person may not have, use, wear, or display a uniform, shield, button, ornament, badge, identification, or shoulder patch adopted by the Department of State Police to be worn by its members, insignia, or emblem of office, as is worn by a police officer, sheriff, deputy sheriff, or constable.

(d) A person may not, for the purpose of deception, have a simulation or imitation of an article described in subsection (c) of this section as is worn by a police officer, sheriff, deputy sheriff, or constable.

(e) A person may have, use, wear, or display an article described in subsection (c) of this section with the appropriate authority of:

(1) the Secretary of State Police;

(2) a police force of another state;

(3) the Police Commissioner of Baltimore City;

(4) the chief of police of a county or municipal corporation of this State or another state;

(5) a sheriff or deputy sheriff;

(6) a constable;

(7) the United States Secret Service Uniformed Division;

(8) the United States Park Police;

(9) the Washington Metropolitan Area Transit Authority (WMATA) Metro Transit Police;

(10) the Federal Bureau of Investigation;

(11) the Drug Enforcement Administration; or

(12) a division of a federal agency the primary duties of which are the investigation, apprehension, or detention of individuals suspected or convicted of federal crimes.

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
Md. Code, Public Safety § 3-522 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-522
§3–522.
Status: in_force

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

(2) “Center” means the Crisis Intervention Team Center of Excellence.

(3) “Collaborative Committee” means the Collaborative Planning and Implementation Committee for the Crisis Intervention Team Center of Excellence.

(4) “Crisis intervention model program” means a nationally recognized crisis intervention team program developed and published by the University of Memphis in Tennessee or a comparable nationally recognized crisis intervention team program.

(5) “Local behavioral health authority” means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded mental health, substance–related disorder, and addictive disorder services.

(b) (1) There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Prevention and Policy.

(2) The purpose of the Center is to provide technical support to local governments, law enforcement, public safety agencies, behavioral health agencies, and crisis service providers and to develop and implement a crisis intervention model program.

(3) The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to oversee the Center:

(i) a crisis intervention law enforcement coordinator;

(ii) a mental health coordinator;

(iii) an advocacy coordinator; and

(iv) additional coordinators necessary as determined by the Governor’s Office of Crime Prevention and Policy.

(4) The Center shall be guided by the Collaborative Committee.

(5) The Center may:

(i) on request, assist a law enforcement agency or local government in implementing a crisis intervention model program;

(ii) provide educational resources to law enforcement to promote crisis intervention team programs; and

(iii) monitor statewide progress for implementation of crisis intervention model programs.

(c) (1) There is a Collaborative Planning and Implementation Committee for the Center.

(2) The Collaborative Committee shall include the following members:

(i) the Executive Director of the Maryland Police Training and Standards Commission, or the Executive Director’s designee;

(ii) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;

(iii) the Director of the Behavioral Health Administration, or the Director’s designee; and

(iv) the following individuals, appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy:

1. at least one representative of a local behavioral health authority;

2. at least one representative from family and consumer mental health organizations;

3. a representative from the Maryland Municipal League;

4. a representative from the Maryland Chiefs of Police Association;

5. a representative from the Maryland Association of Counties;

6. a representative of a local crisis intervention team;

7. other members determined to be necessary to carry out the work of the Collaborative Committee; and

8. a representative from the Maryland Sheriffs’ Association.

(3) A member appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy:

(i) serves for a term of 3 years and until a successor is appointed and qualifies; and

(ii) may be reappointed.

(4) A member of the Collaborative Committee:

(i) may not receive compensation as a member of the Collaborative Committee; but

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

(5) The Collaborative Committee shall:

(i) review services and training provided by the Center;

(ii) develop outcome measures for and evaluation of the Center;

(iii) develop recommendations for full implementation of the crisis intervention model program at the municipal, county, and State level; and

(iv) provide general oversight of the Center.

(d) (1) Subject to paragraph (2) of this subsection, the operation of the Center and Collaborative Committee shall be supported by:

(i) appropriations provided in the State budget;

(ii) grants or other assistance from federal, State, or local government; and

(iii) any other money made available to the Center from any public or private source.

(2) The operation of the Center is subject to the limitations of the State budget and their funds received under this subsection.

(e) (1) On or before December 1 each year, the Center shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(i) the activities of the Center; and

(ii) related criminal justice efforts occurring at the State and local levels to direct individuals away from the criminal justice system and emergency medical system by providing access to alternative services at the earliest possible point in the individual’s encounter with law enforcement.

(2) The report shall include an analysis regarding any deficiencies and recommendations on priorities for improving the criminal justice system response to and treatment of individuals with mental illness.
Md. Code, Commercial Law § 3-409 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) “Acceptance” means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.

(b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.

(c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.

(d) “Certified check” means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (a) or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.
Md. Code, Correctional Services § 3-404 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

An incarcerated individual is not eligible for the program if the incarcerated individual:

(1) is serving a life sentence;

(2) has been found guilty of a crime of violence as defined in § 14–101 of the Criminal Law Article unless:

(i) 5 years have elapsed since expiration of the sentence for the crime of violence; or

(ii) the incarcerated individual is within 90 days of release on parole or mandatory supervision; or

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

(i) child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

(ii) escape under § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-801 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

(a) The Division may establish a work–release program.

(b) Under the work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division may be granted the privilege of leaving actual confinement during necessary and reasonable hours:

(1) to work at gainful public or private employment;

(2) to attend school; or

(3) under appropriate conditions, to seek employment.

(c) (1) An incarcerated individual may apply to the warden of the correctional facility in which the incarcerated individual is confined for permission to participate in the program.

(2) An application shall include:

(i) a statement by the incarcerated individual that the incarcerated individual agrees to abide by all terms and conditions of the particular plan that the Commissioner or the Commissioner’s designee adopts for the incarcerated individual;

(ii) the name and address of a proposed employer or school training program, if any; and

(iii) any other information that the Division or the Commissioner requires, including the incarcerated individual’s agreement to waive the right to contest extradition proceedings.

(d) (1) A warden may recommend an incarcerated individual’s application to the Commissioner.

(2) The Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the application.

(3) If an incarcerated individual’s application is approved, the Commissioner or the Commissioner’s designee shall adopt a work–release plan for the incarcerated individual that:

(i) contains terms and conditions that are necessary and proper;

(ii) may include the incarcerated individual’s waiver of the right to contest extradition proceedings; and

(iii) is signed by the incarcerated individual before the incarcerated individual participates in the work–release program.

(4) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the work–release program.
Md. Code, Labor and Employment § 3-307 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) (1) If an employer knew or reasonably should have known that the employer’s action violates § 3–304 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex, sexual orientation, gender identity, religious beliefs, or race, or who have a disability and the wages paid to employees of another sex, sexual orientation, gender identity, religious beliefs, or race, or who do not have a disability who do the same type work and an additional equal amount as liquidated damages.

(2) If an employer knew or reasonably should have known that the employer’s action violates § 3–304.1 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages.

(3) An employee may bring an action on behalf of the employee and other employees similarly affected.

(b) On the written request of an employee who is entitled to bring an action under this section, the Commissioner may:

(1) take an assignment of the claim in trust for the employee;

(2) ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

(3) consolidate 2 or more claims against an employer.

(c) An action under this section shall be filed within 3 years after the employee receives from the employer the wages paid on the termination of employment under § 3–505(a) of this title.

(d) The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section.

(e) If a court determines that an employee is entitled to judgment in an action under this section, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest in accordance with the Maryland Rules.
Md. Code, Courts and Judicial Proceedings § 3-803 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:

(1) Voluntary placement hearings;

(2) Proceedings arising from a petition alleging that a child is a CINA;

(3) Proceedings arising under the Interstate Compact on the Placement of Children;

(4) Proceedings to terminate parental rights after a CINA proceeding;

(5) Guardianship review proceedings after a TPR proceeding; and

(6) Adoption proceedings, if any, after a TPR proceeding.

(b) (1) The court has concurrent jurisdiction over:

(i) Custody, visitation, support, and paternity of a child whom the court finds to be a CINA; and

(ii) Custody of a child alleged to be a CINA under the circumstances described in § 3-819(d) of this subtitle.

(2) During pendency of an action under this subtitle, a party has a continuing duty to advise the court and any other court considering custody, support, visitation, or paternity of a child, of the pendency of any other action concerning the child, whether the action is in this or another state.

(3) (i) The court may decline to exercise jurisdiction under this subsection if there is a proceeding pending in another court of competent jurisdiction.

(ii) If the court and another court both have pending actions involving a child described in paragraph (1) of this subsection, the court shall communicate with the other court expeditiously to determine the more appropriate court to take further action, consistent with the best interest of the child.

(iii) The court shall advise the parties of the decision and the basis for the decision.

(c) (1) The court has concurrent jurisdiction over proceedings against an adult for a violation of § 3-828 of this subtitle.

(2) (i) The court may waive its jurisdiction under this subsection on its own motion or on the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court.

(ii) On motion by the State’s Attorney or the adult charged under § 3-828 of this subtitle, the court shall waive its jurisdiction and the adult shall be tried in the criminal court according to the usual criminal procedure.

(3) The age of the child at the time a petition is filed under § 3-828 of this subtitle controls the determination of jurisdiction under this subsection.
Md. Code, Real Property § 3-108 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the provisions of this section are in addition to any other provisions of the Code, pertaining to recordation of subdivision plats.

(2) This section does not apply in Queen Anne’s County.

(b) (1) If the owner of land in the State subdivides the land for commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or alleys and lots, and desires, for the purpose of description and identification, to record a plat of the subdivision among the land records of the county where the land lies, the clerk of the court shall accept and record the plat as prescribed in this section.

(2) The clerk may not accept the plat for record until the owner of land complies with the requirements prescribed in this section.

(c) (1) In this subsection, “coordinate” means a number which determines the position of any point in a north or south and an east or west direction in relation to any other point in the same coordinate system.

(2) The plat shall be legible, drawn accurately and to scale and shall be submitted for recordation using black ink on transparent mylar or black–line photo process comparable to original quality that will conform to archival standards.

(3) The plat shall contain the courses and distances of all lines drawn on the plat.

(4) With respect to all curved lines, the plat shall show the length of all radii, arcs, and tangents and the courses and distances of all chords.

(5) The plat shall contain a north arrow which represents and designates either true or magnetic meridian as of a date specified on the plat or shall be referenced to a recognized coordinate system within the county.

(6) All courses shown on the plat shall be calculated from the plat meridian.

(7) No distance on the plat may be marked “more or less” except on lines which begin, terminate, or bind on a marsh, stream, or any body of water.

(8) (i) The plat shall show the position by coordinates of not less than four markers set in convenient places within the subdivision in a manner so that the position of one marker is visible from the position of one other marker.

(ii) From these markers, commonly called traverse points, every corner and line can be readily calculated and marked on the ground.

(iii) These markers shall comply with standards that the State Board for Professional Land Surveyors sets by regulation under § 15–208 of the Business Occupations and Professions Article.

(9) A certificate stating that the requirement of this subsection, as far as it concerns the making of the plat and setting of the markers, shall be put on the plat and signed by the owner of the land shown on the plat to the best of the owner’s knowledge and by the professional land surveyor or property line surveyor preparing it.

(d) (1) The owner shall mail or deliver three copies of the plat to the clerk.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the fee is $5 for each set of plats.

(ii) A fee is not required for plats showing property or rights–of–way to be acquired or granted by the State Highway Administration.

(iii) The clerk may assess additional fees if required by local law or ordinance.

(e) Each plat shall be signed and sealed by a professional land surveyor or property line surveyor licensed in the State.

(f) (1) In Worcester County, if an unrecorded plat exists showing a subdivision, from which any lot has been granted, and the owner of the subdivision, or any part of it, proposes to resubdivide it in a manner different from the unrecorded plat, a copy of the unrecorded plat shall be recorded as required by this section and in addition to any other plat required by this section. If no unrecorded plat exists, the owner shall record an affidavit to this fact.

(2) In Worcester County, if a recorded plat exists showing a subdivision, and the owner of the subdivision, or any part of it, proposes to resubdivide it in a manner different from the recorded plat, another plat shall be recorded. This plat shall indicate clearly the lines, designation of blocks and block numbers, lots and lot numbers, streets, alleys, rights–of–way, and all other easements or pertinent data of the original recorded plat, with the proposed resubdivision plat superimposed on it. The proposed resubdivision plat shall indicate clearly the lines, designation of blocks and block numbers, lots and lot numbers, streets, alleys, rights–of–way, and all other easements and pertinent data. This plat shall be recorded in addition to any other plats required by this section.

(3) In Worcester County, if the owner of two or more contiguous tracts of land proposes to combine the tracts and subdivide them, the owner shall have recorded a plat to be known as a perimeter plat as provided in this section and in addition to any other plat required by this paragraph. The perimeter plat shall show clearly the lines of the original tracts, include a title reference to each tract, and have a plat showing the proposed subdivision of the entire tract superimposed on it. If less than the entire tract is subdivided, at any one time, each subsequent subdivision plat likewise shall be superimposed on a perimeter plat which also shall show clearly all prior subdivisions made pursuant to this subsection.

(4) Notwithstanding the provisions of subsections (b), (c), and (d) of this section and in addition to the requirements of paragraphs (1), (2), and (3) of this subsection, if the subdivided lands are, in whole or in part, within the corporate limits of an incorporated municipality, the plat may not be accepted for record by the Clerk of the Circuit Court of Worcester County until it first has been submitted to and approved by the governing body of the municipality where the land is located, and the approval of the municipality has been indicated plainly on the plat.

(g) In Cecil County, if an unrecorded plat exists showing a subdivision created prior to June 1, 1945, from which any lot has been granted and to which reference has been made in a deed now of record, the owner of the subdivision or any lot, or any interested party may have recorded a copy of the unrecorded plat in a separate plat book to be maintained by the Clerk of the Circuit Court for Cecil County. Reference to the plat is not by itself a “description of the property sufficient to identify it with reasonable certainty” within the meaning of § 4–101 of this article. The person presenting the plat for recording shall pay to the Clerk a fee of $1 for each plat so offered. No other provision of this section applies to the recording of any plat in Cecil County.

(h) (1) In Garrett County the size of the sheet (plat) shall be 11 by 17 inches, 18 by 24 inches, or 24 by 36 inches, including a one and one–half inch margin for binding along the left edge. When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments.

(i) (1) A plat filed in the land records of Wicomico County shall measure 18 by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge. If more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments, or to plats dated prior to July 1, 1977.

(j) (1) Notwithstanding any other provision of this section, in Caroline County, any interested person may record a copy of a plat if:

(i) It is signed and dated prior to January 1, 1970;

(ii) The general location of the property can be determined by reference to the plat; and

(iii) The person offering the plat for recording appends a verified statement that it is the original plat, to the best of the offerer’s knowledge, information and belief.

(2) The recording of plats under this subsection shall not be construed as the creation or establishment of a subdivision or compliance with any other rules or regulations applicable to subdivisions.

(k) (1) A plat filed in the land records of Dorchester County shall measure 18 by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge. If more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments, or to plats dated prior to July 1, 1987.

(l) In Charles County, a deed conveying a parcel of land containing more than 20 acres of unimproved land is not required to be accompanied by a survey plat.

(m) In Calvert County, the Clerk of Court may not accept and record a plat that creates a new lot or that combines two or more subdivision lots to create one or more new lots unless the County Treasurer has certified on the plat that all taxes, assessments, and charges against the existing lots have been paid.

(n) In Montgomery County, a plat shall be drawn in accordance with subsection (c)(2) of this section or drawn in an electronic version in a manner approved by the State Archivist.

(o) This section does not apply in Allegany, Harford, Montgomery, Prince George’s, and Talbot counties, except to the extent any of these counties is expressly mentioned in this section.
Md. Code, Criminal Law § 3-103 — MD Code / Article gcr / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the licensed health care professional knowingly administers or prescribes the procedure or administers, prescribes, or dispenses the medication to cause death.

(b) A licensed health care professional does not violate § 3-102 of this subtitle by withholding or withdrawing a medically administered life-sustaining procedure:

(1) in compliance with Title 5, Subtitle 6 of the Health - General Article; or

(2) in accordance with reasonable medical practice.

(c) (1) Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member:

(i) is a caregiver for a patient enrolled in a licensed hospice program; and

(ii) administers the procedure or administers or dispenses the medication to relieve pain under the supervision of a health care professional.

(2) Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death.
Md. Code, Criminal Law § 3-313 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-313
§3–313.
Status: in_force

(a) On conviction of a violation of § 3–304, § 3–307, or § 3–310 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident:

(1) of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017; or

(2) in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute a violation of § 3–303or § 3–304 of this subtitle, or § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017.

(b) If the State intends to proceed against a person under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.
Md. Code, Public Safety § 3-213 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

The Commission may recall the certificate of a police officer if the certification of the police officer is suspended or revoked for any of the following reasons:

(1) the certificate was issued by administrative error;

(2) the certificate was obtained through misrepresentation or fraud;

(3) the police officer has been convicted of a felony; or

(4) the police officer has been convicted of a misdemeanor for which a sentence of imprisonment exceeding 1 year may be imposed.
Md. Code, Education § 3-3A-05 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-05
§3–3A–05.
Status: in_force

(a) The president of the county board is entitled to receive $4,000 annually as compensation, and the other voting members are entitled to receive $3,500 each annually as compensation.

(b) As provided in the Caroline County budget, each voting member is entitled to an allowance for travel and other expenses.

(c) A voting member is not eligible for any fringe benefit provided by the Caroline County Public School System, the Caroline County Board of Education, or the County Commissioners of Caroline County, including:

(1) Health insurance;

(2) Life insurance; and

(3) A pension.
Md. Code, Election Law § 3-504 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) (1) (i) Information from the agencies specified in this paragraph shall be reported to the State Administrator in a format and at times prescribed by the State Board.

(ii) The Maryland Department of Health shall report the names and residence addresses (if known) of all individuals at least 16 years of age reported deceased within the State since the date of the last report.

(iii) Each month, the clerk of the circuit court for each county and the administrative clerk for each District Court shall report the names and addresses of all individuals convicted, in the respective court, of a felony and sentenced to imprisonment with commitment papers.

(iv) The clerk of the circuit court for each county shall report the former and present names and residence addresses (if known) of all individuals whose names have been changed by decree or order of the court since the date of the last report.

(2) The State Administrator shall make arrangements with the clerk of the United States District Court for the District of Maryland to receive reports of names and addresses, if available, of individuals convicted of a felony in that court and sentenced to imprisonment with commitment papers.

(3) The State Administrator shall make arrangements with the United States Social Security Administration or an entity that receives information from the Social Security Administration and is approved by the State Administrator to receive reports of names and addresses, if available, of all Maryland residents at least 16 years of age who are reported deceased.

(b) (1) The State Administrator shall transmit to the appropriate local board information gathered pursuant to subsection (a) of this section.

(2) Every agency or instrumentality of any county which acquires or condemns or razes or causes to be condemned or razed any building used as a residence within the county shall promptly report this fact and the location of the building to the local board in the county or city.

(3) Registration cancellation information provided by an applicant on any voter registration application shall be provided to the appropriate local board by the State Administrator or another local board.

(4) A local board may:

(i) make arrangements to receive change of address information from an entity approved by the State Board; and

(ii) pay a reasonable fee to the entity for the information.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, whenever a local board becomes aware of an obituary or any other reliable report of the death of a registered voter, the election director shall mail a notice to the registered voter, as prescribed by the State Board, to verify whether the voter is in fact deceased.

(ii) On receipt of a verification of the death of a voter, provided in accordance with the notice mailed under subparagraph (i) of this paragraph, the election director may remove the voter from the statewide voter registration list under § 3–501 of this subtitle.

(2) (i) Whenever a local board receives a report obtained by the State Administrator under subsection (a)(3) of this section that includes a registered voter, the election director shall mail to the address shown on the statewide voter registration list, by regular U.S. mail, a notice that:

1. states that the registered voter has been reported by the Social Security Administration to have died; and

2. notifies the registered voter or a person attending the affairs of a deceased voter that the voter will be removed from the statewide voter registration list unless, within 2 weeks after the date of the letter, the registered voter or a representative:

A. objects to the removal; and

B. shows cause why the removal should not proceed.

(ii) If the registered voter or a representative timely objects and shows cause why the removal should not proceed, the election director may:

1. terminate the removal process and retain the registered voter on the statewide voter registration list; or

2. refer the matter to the local board for a hearing to determine the registered voter’s status.

(iii) If the registered voter or a representative fails to timely object and show cause why the removal should not proceed, the registration shall be canceled and the registered voter removed from the statewide voter registration list.
Md. Code, Transportation § 3-212 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

The bonds, notes, and other evidences of obligation issued under this subtitle, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
Md. Code, Commercial Law § 3-201 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.

(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Md. Code, Education § 3-10A-02 — MD Code / Article ged / Title 3 / Subtitle 10A / Section 3-10A-02
§3–10A–02.
Status: in_force

(a) The State Board may remove a member of the county board for any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.

(b) Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

(c) If the member requests a hearing within the 10–day period:

(1) The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(2) The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Queen Anne’s County.
Md. Code, Public Safety § 3-505 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) In this section, “local law enforcement agency” means the police department of a county or municipal corporation in the State.

(b) (1) This section does not apply to personal property purchased or otherwise acquired for use by a local law enforcement agency or to contraband.

(2) This section does not apply to personal property retained by a local law enforcement agency for use as evidence in a criminal prosecution.

(3) This section does not supersede the provisions for seizure and forfeiture contained in Titles 12 and 13 of the Criminal Procedure Article.

(c) (1) Except as provided in paragraph (2) of this subsection, the local law enforcement agency shall hold personal property that comes into the possession of the local law enforcement agency until the local law enforcement agency determines that:

(i) the property is no longer needed in connection with a prosecution; or

(ii) if the property is not connected to a prosecution, retention of the property is no longer relevant to the local law enforcement agency.

(2) Personal property that is used as evidence in a criminal prosecution shall be retained by a local law enforcement agency in the same manner as other evidence retained by the agency.

(d) (1) After a local law enforcement agency determines that personal property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency shall notify the owner of the property that the local law enforcement agency is in possession of the property.

(2) After notification, the owner of the property has up to 30 days to secure the immediate release of the property to the owner or the owner’s designee with proper identification.

(e) (1) At any time after personal property has been in the possession of a local law enforcement agency for 3 months and the local law enforcement agency determines that the property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency shall:

(i) give notice of the sale of the property by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and

(ii) publish a description of the property and the time, place, and terms of the sale of the property in a newspaper of general circulation in the county or municipal corporation in each of two successive weeks.

(2) After complying with the requirements of paragraph (1) of this subsection, the local law enforcement agency may sell the property at public auction.

(3) The terms and manner of sale may be established by rule.

(f) The certificate of the local law enforcement agency that personal property has been sold under this section is sufficient evidence of title to the property for all purposes, including the right to obtain a certificate of title or registration from an appropriate unit of the State.

(g) (1) The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority:

(i) first, to the local law enforcement agency in an amount equal to the expense of sale and all expenses incurred while the property was in the possession of the local law enforcement agency;

(ii) second, to lienholders in order of their priority; and

(iii) third, to the general fund of the county or municipal corporation, subject to paragraphs (2) and (3) of this subsection.

(2) At any time within 3 years after the date of a sale under this section, a person who submits satisfactory proof of the right to possession of the property shall be paid, without interest, the amount distributed to the general fund of the county or municipal corporation under paragraph (1)(iii) of this subsection.

(3) A claim under paragraph (2) of this subsection is barred if more than 3 years has passed since the date of a sale under this section.

(h) This section does not create or recognize any cause, action, or defense or abridge any immunity now or in the future held by a local law enforcement agency or an employee of a local law enforcement agency.
Md. Code, Insurance § 3-107 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) A mutual insurer that proposes to or writes assessable policies must comply with all applicable requirements of this article except that the financial requirements of this section apply instead of the requirements of §§ 4-104, 4-105, and 4-106 and Title 5, Subtitle 10 of this article.

(b) (1) The mutual insurer must have applications for insurance on which it shall issue simultaneously, or it must have in force, at least 20 policies to at least 20 members for the same kind of insurance, on at least 200 separate risks, each within the maximum single risk described in subsection (c) of this section.

(2) To transact workers’ compensation insurance or employer’s liability insurance, the application shall cover at least 2,000 employees, with each employee considered a separate risk when determining the maximum single risk.

(c) (1) The maximum single risk may not exceed the greatest of:

(i) 20% of the admitted assets;

(ii) 3 times the average risk; and

(iii) 1% of the insurance in force.

(2) When determining the maximum single risk, any authorized reinsurance that takes effect simultaneously with the policy shall be deducted from the maximum single risk.

(d) (1) On each insurance application required by subsection (b) of this section, the mutual insurer must have collected:

(i) an annual cash premium; or

(ii) a full premium for the term of the policy, if the policy is for less than 1 year.

(2) The total of the premiums shall be held in cash or in investments authorized for capital and reserve under Title 5, Subtitle 6 of this article.

(e) (1) To qualify for authority to engage in one kind of insurance business allowed to be written on an assessable basis under this article, a mutual insurer must have total assets that:

(i) equal at least $250,000; and

(ii) exceed the amount required for reserves and all other liabilities by at least $125,000.

(2) For purposes of paragraph (1) of this subsection, assets include borrowed surplus under § 3-116 of this subtitle, but exclude borrowed money or other borrowed assets.

(f) To qualify for authority to engage in two or more kinds of insurance business allowed to be written on an assessable basis under this article, a mutual insurer must have assets that:

(1) equal at least $500,000; and

(2) exceed the amount required for reserves and all other liabilities by at least $250,000.

(g) (1) This subsection applies only to a domestic mutual insurer that:

(i) is licensed only for property insurance and casualty insurance, other than motor vehicle physical damage insurance, motor vehicle liability insurance, or workers’ compensation insurance; and

(ii) writes assessable policies.

(2) Notwithstanding any other provision of this section, a domestic mutual insurer described by paragraph (1) of this subsection need not have assets or surplus exceeding the amount that the mutual insurer would be required to have if it wrote only one kind of insurance, if the mutual insurer:

(i) restricts its operations to the county where its principal office is located and to the counties of the State that are immediately adjacent to that county;

(ii) is not licensed to engage in the insurance business in another state;

(iii) has been in existence for at least 20 years before July 1, 1968; and

(iv) maintains an automatic reinsurance treaty, filed with and approved by the Commissioner, that reinsures liability coverages issued by the mutual insurer in excess of a net amount of retention that is satisfactory to the Commissioner.
Md. Code, Labor and Employment § 3-424 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-424
§3–424.
Status: in_force

Each employer shall keep, for at least 3 years, in or about the place of employment, a record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay of each employee;

(3) the amount that is paid each pay period to each employee;

(4) the hours that each employee works each day and workweek; and

(5) other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-1506 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1506
§3–1506.
Status: in_force

(a) (1) A peace order may be modified or rescinded during the term of the peace order after:

(i) Giving notice to the petitioner, the petitioner’s employee, and the respondent; and

(ii) A hearing.

(2) For good cause shown, a judge may extend the term of the peace order for 6 months beyond the period specified in § 3–1505(f) of this subtitle, after:

(i) Giving notice to the petitioner, the petitioner’s employee, and the respondent; and

(ii) A hearing.

(3) (i) If, during the term of a final peace order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

(ii) If the hearing on the motion is not held before the original expiration date of the final peace order, the order shall be automatically extended and the terms of the order shall remain in full force and effect until the hearing on the motion.

(b) (1) If a District Court judge grants or denies relief under a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county where the District Court is located.

(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court.

(3) (i) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.

(ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.
Md. Code, Courts and Judicial Proceedings § 3-1206 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1206
§3–1206.
Status: in_force

This subtitle does not abrogate any statutory or common law right or cause of action of a person against:

(1) A motor carrier that has been involved in a traffic accident involving a release of hazardous materials; or

(2) A person in control of a fixed facility involved in a release or threatened release of hazardous materials.
Md. Code, Labor and Employment § 3-304.1 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-304.1
§3–304.
Status: in_force

§3–304.1.

(a) An employer may not:

(1) prohibit an employee from:

(i) inquiring about, discussing, or disclosing the wages of the employee or another employee; or

(ii) requesting that the employer provide a reason for why the employee’s wages are a condition of employment;

(2) require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee’s wages; or

(3) take any adverse employment action against an employee for:

(i) inquiring about the employee’s wages or another employee’s wages;

(ii) disclosing the employee’s own wages;

(iii) discussing another employee’s wages if those wages have been disclosed voluntarily;

(iv) asking the employer to provide a reason for the employee’s wages; or

(v) aiding or encouraging another employee’s exercise of rights under this section.

(b) (1) Subject to paragraph (2) of this subsection, an employer may, in a written policy provided to each employee, establish reasonable workday limitations on the time, place, and manner for inquiries about or the discussion or disclosure of employee wages.

(2) A limitation established under paragraph (1) of this subsection shall be consistent with standards adopted by the Commissioner and all other State and federal laws.

(3) Subject to subsection (d) of this section, limitations established under paragraph (1) of this subsection may include prohibiting an employee from discussing or disclosing the wages of another employee without that employee’s prior permission.

(c) Except as provided in subsection (d) of this section, the failure of an employee to adhere to a reasonable limitation included in a written policy under subsection (b) of this section shall be an affirmative defense to a claim made against an employer by the employee under this section if the adverse employment action taken by the employer was for a failure to adhere to the reasonable limitation and not for an inquiry, a discussion, or a disclosure of wages in accordance with the limitation.

(d) (1) A prohibition established in accordance with subsection (b)(3) of this section against the discussion or disclosure of the wages of another employee without that employee’s prior permission may not apply to instances in which an employee who has access to the wage information of other employees as a part of the employee’s essential job functions if the discussion or disclosure is in response to a complaint or charge or in furtherance of an investigation, a proceeding, a hearing, or an action under this subtitle, including an investigation conducted by the employer.

(2) If an employee who has access to wage information as part of the essential functions of the employee’s job discloses the employee’s own wages or wage information about another employee obtained outside the performance of the essential functions of the employee’s job, the employee shall be entitled to all the protections afforded under this subtitle.

(e) Nothing in this section shall be construed to:

(1) require an employee to disclose the employee’s wages;

(2) diminish employees’ rights to negotiate the terms and conditions of employment under federal, State, or local law;

(3) limit the rights of an employee provided under any other provision of law or collective bargaining agreement;

(4) create an obligation on any employer or employee to disclose wages;

(5) permit an employee, without the written consent of an employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; or

(6) permit an employee to disclose wage information to a competitor of the employer.
Md. Code, Correctional Services § 3-407 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

(a) An incarcerated individual in the program is responsible for all of the incarcerated individual’s living expenses, including those for food, clothing, shelter, and utilities.

(b) Unless otherwise allowed by the Commissioner or the Commissioner’s designee, as a condition of participation in the program, an incarcerated individual shall make any court ordered payments for the support of dependents.
Md. Code, Real Property § 3-111 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) In this section, “personal information” means an individual’s:

(1) Social Security number; or

(2) Driver’s license number.

(b) On or after June 1, 2010, a person may not include personal information in a deed or other recordable instrument intended for recording.

(c) A person engaged to perform or charged with the duty to record a deed or other recordable instrument that contains personal information may, prior to recording:

(1) Permanently delete the personal information from the deed or other recordable instrument; or

(2) Request that the personal information be masked from the deed or other recordable instrument in accordance with § 8–504 of the State Government Article.

(d) A person is immune from civil liability or criminal penalty if the person:

(1) Inadvertently records a deed or other recordable instrument containing personal information; or

(2) Deletes or masks personal information from a deed or other recordable instrument in accordance with subsection (c) of this section.

(e) If a deed or other recordable instrument that contains personal information is inadvertently recorded, the inclusion of the personal information does not affect the validity of the instrument.
Md. Code, Education § 3-401 — MD Code / Article ged / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: reserved

(a) The Carroll County Board consists of:

(1) Five voting members;

(2) Subject to subsection (f) of this section, one nonvoting student representative; and

(3) The County Commissioners, who are nonvoting ex officio members.

(b) A candidate elected to the county board shall be a resident and registered voter of Carroll County. Any member who no longer resides in Carroll County may not continue as a member of the board.

(c) (1) Voting members of the Carroll County Board shall be elected as follows:

(i) Two members of the board shall be elected in the November general election of 1994 and every 4 years thereafter;

(ii) Two members of the county board shall be elected in the November general election of 1996 and every 4 years thereafter; and

(iii) One member of the county board shall be elected in the November general election of 1998 and every 4 years thereafter.

(2) Voting members of the county board shall be elected:

(i) At a general election as required by this section; and

(ii) On a general countywide ticket.

(d) (1) Each voting member serves for a term of 4 years beginning the first Monday in December immediately following the voting member’s election and until a successor is elected and qualifies. The terms of the voting members are staggered as required for the elections to the county board in subsection (c)(1) of this section.

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

(3) The Governor shall appoint a new voting member to fill any vacancy on the board for the remainder of that term and until a successor is elected and qualifies.

(4) A voting member of the county board as of October 1, 1993, and any voting member appointed to fill a vacancy in an unexpired term of such member, shall hold office during his term and until a successor is elected and qualifies.

(e) (1) The State Board may remove a voting member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a voting member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the voting member requests a hearing within the 10–day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The voting member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Carroll County.

(f) (1) The student representative shall:

(i) Be an eleventh or twelfth grade student in the Carroll County public school system elected by the high school students of the county in accordance with procedures established by the school system;

(ii) Be a student government association representative at the student’s high school;

(iii) Serve for 1 year beginning on July 1 after the election of the student representative; and

(iv) Advise the county board on the thoughts and feelings of students in Carroll County public schools.

(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student representative may not attend an executive session of the county board.
Md. Code, Courts and Judicial Proceedings § 3-2010 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2010
§3–2010.
Status: in_force

(a) A privilege under § 3–2009 of this subtitle may be waived in a record or orally during a proceeding if it is expressly waived by each party and, in the case of the privilege of a nonparty participant, the privilege is also expressly waived by the nonparty participant.

(b) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 3–2009 of this subtitle, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Md. Code, Courts and Judicial Proceedings § 3-8A-04 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-04
§3–8A–04.
Status: in_force

The provisions of §§ 3–806, 3–807, and 3–829 of this title govern judges, magistrates, and local juvenile court committees under this subtitle.
Md. Code, Insurance § 3-306.2 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-306.2
§3–306.
Status: in_force

§3–306.2.

(a) Subject to subsections (b) through (e) of this section, disability insurance and short–term medical insurance under § 3–302(c) of this subtitle may be procured from a nonadmitted insurer if the coverage procured is in excess of coverage available from, or is not available from, an admitted insurer that writes that particular kind and class of insurance in the State.

(b) Procurement of disability insurance under this section from a nonadmitted insurer is subject to:

(1) the diligent search requirements of §§ 3–306 and 3–306.1 of this subtitle; and

(2) all other requirements of this subtitle.

(c) Procurement of short–term medical insurance under this section from a nonadmitted insurer is subject to:

(1) a policy term that:

(i) is less than 3 months; and

(ii) may not be extended or renewed;

(2) the provision of written notice to the applicant, on a form approved by the Commissioner:

(i) stating that coverage may be available under the Affordable Care Act without medical underwriting;

(ii) providing contact information for the Maryland Health Benefit Exchange;

(iii) stating that the short–term medical insurance may be available from an admitted insurer;

(iv) stating that similar coverage may be available from an admitted insurer offering travel insurance, as defined in § 10–101 of this article; and

(v) displaying prominently in the contract and in any application materials provided in connection with enrollment in the coverage in at least 14 point type the following: “This is not qualifying health coverage (“minimum essential coverage”) that satisfies the health coverage requirements of the Affordable Care Act. If you don’t have minimum essential coverage, you may owe an additional payment with your taxes.”;

(3) the diligent search requirements of §§ 3–306 and 3–306.1 of this subtitle; and

(4) all other requirements of this subtitle.

(d) Short–term medical insurance may not be procured from a nonadmitted insurer unless:

(1) the insurance is procured through a qualified surplus lines broker;

(2) if the insurance is offered on a Web site on the Internet, the Web site identifies the qualified surplus lines broker through whom the insurance may be procured; and

(3) the diligent search required under §§ 3–306 and 3–306.1 of this subtitle includes a search of the short–term medical insurance policies offered for sale by admitted insurers.

(e) A short–term medical insurance policy procured from a nonadmitted insurer may not include:

(1) a preexisting condition exclusion, unless the exclusion relates to a condition that was first manifested, treated, or diagnosed before the effective date of the policy; or

(2) a definition of sickness or illness that excludes any sickness or illness that began, existed, or had its origin before the effective date of the policy, unless the sickness or illness was first manifested, treated, or diagnosed before the effective date of the policy.

(f) The Commissioner shall develop and make available on the Administration’s Web site a consumer guide on short–term medical insurance that includes information on:

(1) the availability of coverage from admitted insurers; and

(2) the types of coverage and provisions in short–term medical insurance policies that may be important to consumers.
Md. Code, Public Safety § 3-106 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, each law enforcement agency shall establish a trial board process in accordance with this section to adjudicate all matters for which a police officer is subject to discipline.

(2) A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.

(b) (1) Except as provided in paragraph (2) of this subsection, a trial board shall be composed of:

(i) an actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court, appointed by the chief executive officer of the county;

(ii) a civilian who is not a member of an administrative charging committee, appointed by the county’s police accountability board; and

(iii) a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.

(2) (i) This paragraph may not be construed to apply to the Baltimore Police Department.

(ii) A trial board for a statewide or bi–county law enforcement agency shall be composed of:

1. an actively serving or retired administrative law judge appointed by the Chief Administrative Law Judge of the Maryland Office of Administrative Hearings;

2. a civilian who is not a member of an administrative charging committee or the Maryland Police Training and Standards Commission, appointed by the police accountability board for the county where the alleged misconduct occurred; and

3. a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.

(c) The actively serving or retired administrative law judge or the retired judge of the District Court or a circuit court shall:

(1) be the chair of the trial board;

(2) be responsible for ruling on all motions before the trial board; and

(3) prepare the written decision of the trial board, including the findings, conclusions, and recommendations of the trial board.

(d) Before serving as a member of a trial board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(e) Proceedings of a trial board shall be open to the public, except to protect:

(1) a victim’s identity;

(2) the personal privacy of an individual;

(3) a child witness;

(4) medical records;

(5) the identity of a confidential source;

(6) an investigative technique or procedure; or

(7) the life or physical safety of an individual.

(f) A trial board may administer oaths and issue subpoenas as necessary to complete its work.

(g) A complainant has the right to be notified of a trial board hearing and, except as provided in subsection (e) of this section, the right to attend a trial board hearing.

(h) Except as otherwise provided in this subtitle, a law enforcement agency has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle.

(i) A police officer may be disciplined only for cause.

(j) Within 45 days after the final hearing by a trial board, the trial board shall issue a written decision reflecting the findings, conclusions, and recommendations of a majority of the trial board.

(k) (1) Within 30 days after the date of issuance of a decision of a trial board, the decision may be appealed by the police officer:

(i) if the trial board is from a local law enforcement agency, to the circuit court of the county in which the law enforcement agency is located;

(ii) if the trial board is from a bi–county law enforcement agency, to a circuit court in a county in which the incident that gave rise to the disciplinary proceeding occurred; and

(iii) if the trial board is from a statewide law enforcement agency, to the Circuit Court for Anne Arundel County.

(2) An appeal taken under this subsection shall be on the record.

(l) A trial board decision is final unless appealed by a police officer under subsection (k) of this section.
Md. Code, General Provisions § 3-302.1 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-302.1
§3–302.
Status: in_force

§3–302.1.

(a) (1) Subject to subsection (b) of this section, before meeting in an open session, a public body shall make available to the public an agenda:

(i) containing known items of business or topics to be discussed at the portion of the meeting that is open; and

(ii) indicating whether the public body expects to close any portion of the meeting in accordance with § 3–305 of this subtitle.

(2) If an agenda has been determined at the time the public body gives notice of the meeting under § 3–302 of this subtitle, the public body shall make available the agenda at the same time the public body gives notice of the meeting.

(3) If an agenda has not been determined at the time the public body gives notice of the meeting, the public body shall make available the agenda as soon as practicable after the agenda has been determined but no later than 24 hours before the meeting.

(b) If a public body is unable to comply with the provisions of subsection (a) of this section because the meeting was scheduled in response to an emergency, a natural disaster, or any other unanticipated situation, the public body shall make available on request an agenda of the meeting within a reasonable time after the meeting occurs.

(c) A public body is not required to make available any information in the agenda regarding the subject matter of the portion of the meeting that is closed in accordance with § 3–305 of this subtitle.

(d) (1) A public body required to make available an agenda under subsection (a) of this section may make available the agenda using a method authorized for giving notice under § 3–302(c) of this subtitle.

(2) The method a public body uses for making available an agenda may be different from the method a public body uses for giving notice.

(e) Nothing in this section may be construed to prevent a public body from altering the agenda of a meeting after the agenda has been made available to the public.
Md. Code, Courts and Judicial Proceedings § 3-8A-19 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19
§3–8A–19.
Status: in_force

(a) The provisions of this section do not apply to a peace order request or a peace order proceeding.

(b) (1) After an adjudicatory hearing the court shall hold a separate disposition hearing, unless the petition or citation is dismissed or unless such hearing is waived in writing by all of the parties.

(2) A disposition hearing may be held on the same day as the adjudicatory hearing if notice of the disposition hearing, as prescribed by the Maryland Rules, is waived on the record by all of the parties.

(c) The priorities in making a disposition are consistent with the purposes specified in § 3–8A–02 of this subtitle.

(d) (1) In making a disposition on a petition under this subtitle, the court may:

(i) Subject to § 3–8A–19.6 of this subtitle, place the child on probation or under supervision in his own home or in the custody or under the guardianship of a relative or other fit person, upon terms the court deems appropriate, including community detention;

(ii) Subject to the provisions of paragraphs (2) and (3) of this subsection, commit the child to the custody or under the guardianship of the Department of Juvenile Services, the Maryland Department of Health, or a public or licensed private agency on terms that the court considers appropriate to meet the priorities set forth in § 3–8A–02 of this subtitle, including designation of the type of facility where the child is to be accommodated, until custody or guardianship is terminated with approval of the court or as required under § 3–8A–24 of this subtitle; or

(iii) Order the child, parents, guardian, or custodian of the child to participate in rehabilitative services that are in the best interest of the child and the family.

(2) In addition to the provisions of paragraph (1) of this subsection, in making a disposition on a petition, the court may adopt a treatment service plan, as defined in § 3–8A–20.1 of this subtitle.

(3) (i) A child may not be committed to the Department of Juvenile Services for out–of–home placement if the most serious offense is:

1. Possession of cannabis under § 5–601(c)(2)(ii) of the Criminal Law Article;

2. An offense that would be a misdemeanor if committed by an adult, unless the offense involves a firearm;

3. A technical violation, as defined in § 3–8A–19.6 of this subtitle; or

4. A first–time violation for making a false statement, report, or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article.

(ii) This paragraph may not be construed to prohibit the court from committing the child to another appropriate agency.

(4) A child committed under paragraph (1)(ii) of this subsection may not be accommodated in a facility that has reached budgeted capacity if a bed is available in another comparable facility in the State, unless the placement to the facility that has reached budgeted capacity has been recommended by the Department of Juvenile Services.

(5) The court shall consider any oral address made in accordance with § 11–403 of the Criminal Procedure Article or any victim impact statement, as described in § 11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a petition.

(6) (i) If the court finds that a child enrolled in a public elementary or secondary school is delinquent or in need of supervision and commits the child to the custody or under the guardianship of the Department of Juvenile Services, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be delinquent or in need of supervision and has been committed to the custody or under the guardianship of the Department of Juvenile Services.

(ii) If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of the Department of Juvenile Services.

(iii) The notice authorized under subparagraphs (i) and (ii) of this paragraph may not include any order or pleading related to the delinquency or child in need of supervision case.

(7) If a child placed in community detention under an electronic monitoring agreement under this subsection violates the agreement, the Department of Juvenile Services shall notify within 24 hours after the violation:

(i) The juvenile court;

(ii) The office of the State’s Attorney; and

(iii) The child’s defense attorney.

(e) (1) (i) Subject to the provisions of subparagraphs (iii) and (iv) of this paragraph, in making a disposition on a finding that the child has committed the violation specified in a citation, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.

(ii) In this paragraph, “driver’s license” means a license or permit to drive a motor vehicle that is issued under the laws of this State or any other jurisdiction.

(iii) In making a disposition on a finding that the child has committed a violation of § 10–113 of the Criminal Law Article specified in a citation that involved the use of a driver’s license or a document purporting to be a driver’s license, the court may order the Motor Vehicle Administration to initiate an action under the Maryland Vehicle Law to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration:

1. For a first offense, for 6 months; and

2. For a second or subsequent offense, until the child is 21 years old.

(iv) In making a disposition on a finding that the child has committed a violation under § 26–103 of the Education Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.

(v) If a child subject to a suspension under this subsection does not hold a license to operate a motor vehicle on the date of the disposition, the suspension shall commence:

1. If the child is at least 16 years of age on the date of the disposition, on the date of the disposition; or

2. If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday.

(2) In addition to the dispositions under paragraph (1) of this subsection, the court also may:

(i) Counsel the child or the parent or both, or order the child to participate in an alcohol or a substance abuse education or rehabilitation program that is in the best interest of the child; or

(ii) Order the child to participate in a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for the second and subsequent violations.

(3) (i) In making a disposition on a finding that the child has committed a violation of Title 4, Subtitle 5 or § 9–504 or § 9–505 of the Criminal Law Article, the court may order the Motor Vehicle Administration to initiate an action, under the Maryland Vehicle Law, to suspend the driving privilege of a child for a specified period not to exceed:

1. For a first offense, 6 months; and

2. For a second or subsequent offense, 1 year or until the person is 21 years old, whichever is longer.

(ii) If a child subject to a suspension under this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence:

1. If the child is at an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date of the disposition; or

2. If the child is younger than an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date the child is eligible to obtain driving privileges.

(4) (i) In making a disposition on a finding that the child has committed a violation under § 21–1128 of the Transportation Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.

(ii) If a child subject to a suspension under this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence:

1. If, on the date of the disposition, the child is at an age that makes a child eligible to obtain the privilege to drive, on the date of the disposition; or

2. If, on the date of the disposition, the child is younger than an age that makes a child eligible to obtain the privilege to drive, on the date the child is eligible to obtain driving privileges.

(f) A guardian appointed under this section has no control over the property of the child unless he receives that express authority from the court.

(g) A child may be placed in an emergency facility on an emergency basis under Title 10, Subtitle 6, Part IV of the Health – General Article.

(h) The court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State mental hospital unless the court finds on the record based upon clear and convincing evidence that:

(1) The child has a mental disorder;

(2) The child needs inpatient medical care or treatment for the protection of himself or others;

(3) The child is unable or unwilling to be voluntarily admitted to such facility; and

(4) There is no less restrictive form of intervention available which is consistent with the child’s condition and welfare.

(i) The court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State facility for individuals with an intellectual disability unless the court finds on the record based upon clear and convincing evidence that:

(1) The child has an intellectual disability;

(2) The condition is of such a nature that for the adequate care or protection of the child or others, the child needs in–residence care or treatment; and

(3) There is no less restrictive form of care and treatment available which is consistent with the child’s welfare and safety.

(j) (1) Any commitment order issued under subsection (h) or (i) of this section shall require the Maryland Department of Health to file progress reports with the court at intervals no greater than every 6 months during the life of the order. The Maryland Department of Health shall provide the child’s attorney of record with a copy of each report. The court shall review each report promptly and consider whether the commitment order should be modified or vacated. After the first 6 months of the commitment and at 6–month intervals thereafter upon the request of any party, the Department or facility, the court shall grant a hearing for the purpose of determining if the standards specified in subsection (h) or (i) of this section continue to be met.

(2) If, at any time after the commitment of the child to a State mental hospital under this section, the individualized treatment plan developed under § 10–706 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (h) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (h) of this section continue to be met.

(3) If, at any time after the commitment of the child to a State facility for individuals with an intellectual disability under this section, the individualized plan of habilitation developed under § 7–1006 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (i) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (i) of this section continue to be met.
Md. Code, Insurance § 3-201 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

In this subtitle, “subscriber” means a person that exchanges a mutual agreement of indemnity with other persons through a common attorney in fact.
Md. Code, Labor and Employment § 3-1106 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1106
§3–1106.
Status: in_force

(a) An order for a lien for unpaid wages shall be enforced in the same manner as any other judgment under State law.

(b) An action to enforce an order for a lien for unpaid wages shall be brought within 12 years of the date of recordation of a lien for unpaid wages.
Md. Code, Correctional Services § 3-525 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-525
§3–525.
Status: in_force

The Customer Council shall consist of the following 11 members:

(1) the Chief Executive Officer;

(2) one representative from each of the following State agencies, appointed by the Secretary of the respective agency:

(i) the Department of Budget and Management;

(ii) the Department of Commerce;

(iii) the Department of General Services;

(iv) the Maryland Department of Health;

(v) the Department of Human Services;

(vi) the Department of Transportation; and

(vii) the Maryland Higher Education Commission; and

(3) three customers recommended by the Chief Executive Officer and appointed by the Governor.
Md. Code, Commercial Law § 3-105 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) “Issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.

(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

(c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.
Md. Code, Public Safety § 3-315 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-315
§3–315.
Status: in_force

(a) An individual may not exercise or attempt to exercise any of the powers of a special police officer granted under this subtitle without a commission.

(b) (1) An individual may not exercise or attempt to exercise any of the powers of a special police officer granted under this subtitle if the individual knows of the suspension or termination of the individual’s commission or if the individual has in any manner received notice of the suspension or termination of the individual’s commission.

(2) An individual is presumed to know of a suspension or termination if notice of the suspension or termination is filed and mailed in accordance with § 3-313 of this subtitle.

(c) An employer may not knowingly:

(1) hire an individual to perform the duties of a special police officer unless the individual holds a commission; or

(2) continue to employ an individual to perform the duties of a special police officer:

(i) unless the individual holds a commission; or

(ii) if the individual’s commission is suspended or terminated.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Housing and Community Development § 3-204 — MD Code / Article ghs / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

Insurance, a guarantee, or other credit enhancement provided under this subtitle:

(1) does not pledge the faith, credit, or taxing power of the State or the Department; and

(2) is payable only to the extent of the reserve or other identified money backing the insurance, guarantee, or credit enhancement.
Md. Code, Commercial Law § 3-418 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-418
§3–418.
Status: in_force

(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to § 4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.

(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.

(c) The remedies provided by subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by § 3-417 or § 4-407.

(d) Notwithstanding § 4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
Md. Code, Education § 3-1204 — MD Code / Article ged / Title 3 / Subtitle 12 / Section 3-1204
§3–1204.
Status: in_force

(a) All final actions of the county board shall be taken at a public meeting. The board shall keep a formal record of each public meeting.

(b) This section does not prohibit the board from meeting and deliberating in executive session provided that all action is taken at a public meeting.
Md. Code, Correctional Services § 3-206 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) On or before July 30 of each year, the Commissioner shall submit to the Secretary an accurate, detailed statement of all receipts and disbursements of the Division during the year that ended on the preceding June 30.

(b) The Commissioner shall verify the statement submitted under subsection (a) of this section.

(c) The Secretary shall submit the statement received under subsection (a) of this section to the Comptroller.
Md. Code, Business Occupations and Professions § 3-305 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Except as otherwise provided in § 3-305.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Board shall give examinations to qualified applicants at least once a year at the time and place that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) (1) The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title.

(2) The Board may adopt an examination or a recommended grading procedure of the Council or any similar organization.
Md. Code, Labor and Employment § 3-502 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) (1) Each employer:

(i) shall set regular pay periods; and

(ii) except as provided in paragraph (2) of this subsection, shall pay each employee at least once in every 2 weeks or twice in each month.

(2) An employer may pay an administrative, executive, or professional employee less frequently than required under paragraph (1)(ii) of this subsection.

(b) If the regular payday of an employee is a nonworkday, an employer shall pay the employee on the preceding workday.

(c) Each employer shall pay a wage:

(1) in United States currency; or

(2) by a check that, on demand, is convertible at face value into United States currency.

(d) (1) In this subsection, “employer” includes a governmental unit.

(2) An employer may not print or cause to be printed an employee’s Social Security number on the employee’s wage payment check, an attachment to an employee’s wage payment check, a notice of direct deposit of an employee’s wage, or a notice of credit of an employee’s wage to a debit card or card account.

(e) This section does not prohibit the:

(1) direct deposit of the wage of an employee into a personal bank account of the employee in accordance with an authorization of the employee; or

(2) credit of the wage of an employee to a debit card or card account from which the employee is able to access the funds through withdrawal, purchase, or transfer if:

(i) authorized by the employee; and

(ii) any fees applicable to the debit card or card account are disclosed to the employee in writing in at least 12 point font.

(f) An agreement to work for less than the wage required under this subtitle is void.
Md. Code, Labor and Employment § 3-906 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-906
§3–906.
Status: in_force

(a) After the employer has provided all the records requested under § 3–905(d) of this subtitle, the Commissioner shall issue a citation to the employer or close the investigation within 90 days.

(b) Each citation shall:

(1) describe in detail the nature of the alleged violation;

(2) cite the provision of this subtitle or any regulation that the employer is alleged to have violated; and

(3) state the civil penalty, if any, that the Commissioner proposes to assess.

(c) Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the employer:

(1) a copy of the citation; and

(2) notice of the opportunity to request a hearing.

(d) Within 15 days after an employer receives a notice under subsection (c) of this section, the employer may submit a written request for a hearing on the citation and proposed penalty.

(e) If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.

(f) (1) If the employer requests a hearing, the Commissioner shall delegate to the Office of Administrative Hearings the authority to hold a hearing and issue findings of fact, conclusions of law, and an order, and assess a penalty under § 3–909 of this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) The employer is entitled to a hearing within 90 days after a timely request is made under this subsection, unless the employer waives that right.

(g) Within 15 days after a request, in accordance with Title 4 of the General Provisions Article and the applicable regulations of the Department and the Office of Administrative Hearings, the Commissioner shall provide copies of all relevant evidence, including a list of potential witnesses, on which the Commissioner intends to rely at any administrative hearing under this subtitle.

(h) The Commissioner has the burden of proof to show that an employer has knowingly failed to properly classify an individual as an employee.

(i) A decision of an administrative law judge issued in accordance with Title 10, Subtitle 2 of the State Government Article shall become a final order of the Commissioner.

(j) Any party aggrieved by a final order of the Commissioner under subsection (i) of this section may seek judicial review and appeal under §§ 10–222 and 10–223 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 3-2101 — MD Code / Article gcj / Title 3 / Subtitle 21 / Section 3-2101
§3–2101.
Status: in_force

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

(b) (1) “Gas” means any natural gas or other fluid hydrocarbons that are produced from a natural reservoir.

(2) “Gas” includes:

(i) Carbon dioxide; and

(ii) Hydrogen sulfide.

(c) “Offshore drilling activity” means:

(1) The exploration, development, or production of oil or gas in, on, or under the federal outer continental shelf waters; and

(2) Transporting oil or gas by pipeline, ship, or otherwise from a specific site of exploration, development, or production of oil or gas on the federal outer continental shelf.

(d) “Oil” means oil of any kind or in any form, including petroleum, petroleum by–products, fuel oil, sludge, crude oil, oil refuse, and oil mixed with wastes.
Md. Code, Public Safety § 3-108 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) (1) A law enforcement agency shall designate an employee as a victims’ rights advocate to act as the contact for the public within the agency on matters related to police misconduct.

(2) A victims’ rights advocate shall:

(i) explain to a complainant:

1. the complaint, investigation, administrative charging committee, and trial board process;

2. any decision to terminate an investigation;

3. an administrative charging committee’s decision of administratively charged, not administratively charged, unfounded, or exonerated; and

4. a trial board’s decision;

(ii) provide a complainant with an opportunity to review a police officer’s statement, if any, before completion of an investigation by a law enforcement agency’s investigative unit;

(iii) notify a complainant of the status of the case at every stage of the process; and

(iv) provide a case summary to a complainant within 30 days after final disposition of the case.

(b) Each law enforcement agency shall create a database that enables a complainant to enter the complainant’s case number to follow the status of the case as it proceeds through:

(1) investigation;

(2) charging;

(3) offer of discipline;

(4) trial board;

(5) ultimate discipline; and

(6) appeal.
Md. Code, Natural Resources § 3-2A-03 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-03
§3–2A–03.
Status: in_force

(a) All receipts designated for the Grant Fund shall be placed in the Grant Fund held by the Department and administered by the Trust, including:

(1) Money appropriated by the State to the Grant Fund;

(2) Premiums, fees, and payments on reimbursement of grants, where required;

(3) Income from investments that the State Treasurer, on instruction of the Department, makes for the Department under this subtitle; and

(4) Any other money made available to the Grant Fund.

(b) Any unspent money in the Grant Fund at the end of the fiscal year shall remain in the Grant Fund and may not revert to the General Fund of the State.
Md. Code, Courts and Judicial Proceedings § 3-811 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-811
§3–811.
Status: in_force

(a) (1) A CINA petition under this subtitle shall allege that a child is in need of assistance and shall set forth in clear and simple language the facts supporting that allegation.

(2) A voluntary placement petition under this subtitle shall allege that continuation of a voluntary placement is in the best interests of the child or former CINA and shall set forth in clear and simple language the facts supporting that allegation.

(b) A separate petition shall be filed as to each child.
Md. Code, Criminal Law § 3-404 — MD Code / Article gcr / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) An indictment, information, warrant, or other charging document for robbery is sufficient if it substantially states:

“(name of defendant) on (date) in (county) did feloniously rob (name of victim) of (property/service) (having a value of $1,000 or more) (with a dangerous weapon) in violation of (section violated) against the peace, government, and dignity of the State.”.

(b) If a charging document alleges that the value of the property or service subject to this subtitle is $1,000 or more, the court shall instruct the jury to determine whether the value of the property or service is less than $1,000, or $1,000 or more.

(c) Unless a charging document alleges that the value of the property or service subject to this subtitle is $1,000 or more, a felony violation of § 7–104 of this article is not a lesser included crime of robbery.