Md. Code, Insurance § 2-209.2 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-209.2
§2–209.
Status: in_force

§2–209.2.

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

(2) “Group–wide supervisor” means a regulatory official:

(i) authorized to engage in conducting and coordinating group–wide supervision activities for an internationally active insurance group; and

(ii) whom the Commissioner determines or acknowledges under this section to have sufficient significant contacts with an internationally active insurance group.

(3) “Internationally active insurance group” means an insurance holding company system that:

(i) includes, as a member of the insurance holding company system, an insurer registered under § 7–601 of this article; and

(ii) has:

1. premiums written in at least three countries;

2. at least 10% of its total gross written premiums from premiums written outside the United States; and

3. based on a 3–year rolling average, total assets of at least $50,000,000,000 or total gross written premiums of at least $10,000,000,000.

(4) “NAIC” means the National Association of Insurance Commissioners.

(b) (1) Subject to paragraph (2) of this subsection, the Commissioner is authorized to act as the group–wide supervisor for an internationally active insurance group in accordance with the provisions of this section.

(2) The Commissioner may acknowledge another regulatory official as the group–wide supervisor for an internationally active insurance group that:

(i) does not have substantial insurance operations in the United States;

(ii) has substantial insurance operations in the United States, but not in the State; or

(iii) has substantial insurance operations in the United States and in the State, if the Commissioner determines based on the factors specified under subsections (d)(2) and (h) of this section that the other regulatory official is the appropriate group–wide supervisor.

(c) An insurance holding company system that does not otherwise qualify as an internationally active insurance group may request that the Commissioner make a determination or acknowledgment of a group–wide supervisor under this section for the insurance holding company system.

(d) (1) (i) Subject to subparagraph (ii) of this paragraph, in cooperation with other state, federal, and international regulatory agencies, the Commissioner shall identify a single group–wide supervisor for an internationally active insurance group.

(ii) The Commissioner may:

1. determine that the Commissioner is the appropriate single group–wide supervisor for an internationally active insurance group that conducts substantial insurance operations in the State; or

2. acknowledge that a regulatory official from another jurisdiction is the appropriate single group–wide supervisor for an internationally active insurance group.

(2) The Commissioner shall consider the following factors when making a determination or acknowledgment under paragraph (1)(ii) of this subsection:

(i) the place of domicile of the insurers, as members of the internationally active insurance group, that hold the largest share of the internationally active insurance group’s written premiums, assets, or liabilities;

(ii) the place of domicile of the top–tiered insurers, as members of the internationally active insurance group;

(iii) the location of the executive offices or largest operational offices of the internationally active insurance group;

(iv) whether another regulatory official is acting or is seeking to act as the group–wide supervisor under a regulatory system that the Commissioner determines to be:

1. substantially similar to the regulatory system provided under the laws of the State; or

2. otherwise sufficient in providing for group–wide supervision, enterprise risk analysis, and cooperation with other regulatory officials; and

(v) whether another regulatory official acting or seeking to act as the group–wide supervisor provides the Commissioner with reasonably reciprocal recognition and cooperation.

(3) In making a decision to acknowledge another regulatory official as the appropriate single group–wide supervisor of an internationally active insurance group under paragraph (1)(ii)2 of this subsection, the Commissioner shall make the decision:

(i) in cooperation with and subject to the acknowledgment of other regulatory officials involved with supervision of insurers that are members of the internationally active insurance group; and

(ii) in consultation with the internationally active insurance group.

(e) (1) Notwithstanding any other provision of law, when another regulatory official is the group–wide supervisor for an internationally active insurance group, the Commissioner shall acknowledge that regulatory official as the group–wide supervisor of the internationally active insurance group.

(2) The Commissioner shall make a determination or acknowledgment under subsection (d)(1)(ii) of this section as to the appropriate single group–wide supervisor for an internationally active insurance group in the event of a material change in the internationally active insurance group that results in:

(i) the insurers domiciled in the State that are members of the internationally active insurance group holding the largest share of the internationally active insurance group’s premiums, assets, or liabilities; or

(ii) the State being the place of domicile of the top–tiered insurer or insurers that are members of the internationally active insurance group.

(f) (1) In accordance with § 7–605 of this article, the Commissioner may collect from an insurer registered under Title 7, Subtitle 6 of this article information necessary for the Commissioner to determine whether the Commissioner may:

(i) act as the group–wide supervisor for an internationally active insurance group; or

(ii) acknowledge that another regulatory official is the appropriate regulatory official to act as the group–wide supervisor for an internationally active insurance group.

(2) (i) Subject to subparagraph (ii) of this paragraph, before issuing a determination that an internationally active insurance group is subject to group–wide supervision by the Commissioner, the Commissioner shall notify the insurer registered under Title 7, Subtitle 6 of this article that is a member of the internationally active insurance group and the ultimate controlling person within the internationally active insurance group.

(ii) An internationally active insurance group shall have at least 30 days to provide the Commissioner with additional information pertinent to the Commissioner’s pending determination.

(3) The Commissioner shall publish in the Maryland Register and on the Administration’s website the identity of internationally active insurance groups that the Commissioner has determined are subject to group–wide supervision by the Commissioner.

(g) (1) If the Commissioner is the appropriate single group–wide supervisor for an internationally active insurance group, the Commissioner may:

(i) assess the enterprise risks within the internationally active insurance group to ensure that:

1. the material financial condition and liquidity risks to the insurers, as members of the internationally active insurance group, are identified by management; and

2. reasonable and effective mitigation measures are in place;

(ii) request from an insurer, as a member of an internationally active insurance group, information necessary and appropriate to assess enterprise risk, including information about the insurers, as members of the internationally active insurance group, regarding:

1. governance;

2. risk assessment;

3. management;

4. capital adequacy; and

5. material intercompany transactions;

(iii) coordinate and, through the authority of the regulatory officials of the jurisdictions where insurers, as members of the internationally active insurance group, are domiciled, compel development and implementation of reasonable measures designed to ensure that the internationally active insurance group is able to recognize and mitigate enterprise risks to insurers, as members of the internationally active insurance group, in a timely manner;

(iv) communicate with other state, federal, and international regulatory agencies for insurers, as members of the internationally active insurance group, and share relevant information, subject to the confidentiality provisions of § 7–106 of this article, through supervisory colleges under § 2–209.1 of this subtitle;

(v) subject to paragraph (2) of this subsection and to provide the basis for, or clarification of, the Commissioner’s role as group–wide supervisor, enter into agreements with or obtain documentation from an insurer registered under Title 7, Subtitle 6 of this article, any member of the internationally active insurance group, or any other state, federal, or international regulatory agencies for members of the internationally active insurance group; and

(vi) oversee other group–wide supervision activities, consistent with the authority and purpose of this section, as the Commissioner considers necessary.

(2) (i) Any agreements entered into or documentation obtained under paragraph (1)(v) of this subsection may not serve as evidence in any proceeding that any insurer or person of an insurance holding company system not domiciled or incorporated in the State is doing business in the State or is otherwise subject to jurisdiction in the State.

(ii) Any agreements entered into under paragraph (1)(v) of this subsection shall include provisions for resolving disputes with other regulatory officials.

(h) If the Commissioner acknowledges that another regulatory official from a jurisdiction that is not accredited by the NAIC is the group–wide supervisor, the Commissioner may reasonably cooperate, through supervisory colleges or otherwise, with group–wide supervision undertaken by the group–wide supervisor, if:

(1) the Commissioner’s cooperation is in compliance with the laws of the State;

(2) the regulatory official acknowledged as the group–wide supervisor recognizes and cooperates with the Commissioner’s activities as a group–wide supervisor for other internationally active insurance groups where applicable; and

(3) the recognition and cooperation is reasonably reciprocal.

(i) If a regulatory official from a jurisdiction that is not accredited by the NAIC is the group–wide supervisor but does not recognize or cooperate with the Commissioner’s activities as a group–wide supervisor or is not reasonably reciprocal, the Commissioner may refuse recognition and cooperation.

(j) The Commissioner may enter into agreements with or obtain documentation from:

(1) an insurer registered under Title 7, Subtitle 6 of this article;

(2) an affiliate of an insurer registered under Title 7, Subtitle 6 of this article; and

(3) other state, federal, and international regulatory agencies for members of the internationally active insurance group, that provide the basis for, or clarify, a regulatory official’s role as group–wide supervisor.

(k) A registered insurer subject to this section shall be liable for, and shall pay, the reasonable expenses of the Commissioner’s participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and reasonable travel expenses.

(l) The Commissioner may adopt regulations to carry out this section.
Md. Code, State Personnel and Pensions § 2-704 — MD Code / Article gsp / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

An otherwise eligible returning veteran who was hospitalized at the time of discharge, end of enlistment, or relief from active duty may apply for reinstatement if:

(1) the application is submitted within 90 days after the returning veteran is discharged from the hospital; and

(2) the hospitalization does not last more than 1 year from the date of discharge, end of enlistment, or relief from active duty.
Md. Code, State Government § 2-1209 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1209
§2–1209.
Status: in_force

On or before December 1 of the year immediately preceding the beginning of a term of the General Assembly, the Department of Legislative Services, in consultation with agencies and institutions in State government and all other entities required by law to submit reports at specified times and on specified matters to the General Assembly or the Governor, shall:

(1) review the laws of the State that require the submission of reports at specified times and on specified matters to the General Assembly or the Governor; and

(2) make recommendations to the Legislative Policy Committee and prepare legislation for introduction to repeal or modify those statutory requirements to submit reports if the reports are no longer warranted because they have become obsolete, duplicative, impractical, inefficient, or otherwise unnecessary.
Md. Code, State Personnel and Pensions § 2-503 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) The Secretary shall:

(1) adopt regulations for the administration of the Program;

(2) ensure that the Program complies with:

(i) all federal and State laws governing employee benefit plans; and

(ii) §§ 15–826, 15–826.1, 15–826.2, and, as applicable to contraceptive drugs and devices, 15–831(a) through (d) of the Insurance Article;

(3) each year, recommend to the Governor the State share of the costs of the Program; and

(4) make ongoing eligibility determinations to ensure that participation in the Program does not impede, undermine, or conflict with federal compliance obligations or government and cafeteria plan status.

(b) (1) The Secretary may arrange as the Secretary considers appropriate any benefit option for inclusion in the Program.

(2) The Secretary shall include in the Program an option to purchase up to $200,000 of additional life insurance coverage for employees who:

(i) fly in a helicopter in the course of their employment with the State;

(ii) scuba dive in the course of their employment with the State; or

(iii) as a result of their employment with the State, face a significant likelihood of receiving a less favorable life insurance rating than an individual employed in a nonhazardous position.

(3) (i) The Secretary shall include a wellness program in the Program.

(ii) The wellness program shall:

1. be developed in consultation with the Secretary of Health;

2. promote the goals of the Maryland Department of Health State Health Improvement Process; and

3. aim to achieve savings in the Program over time that exceed the costs of the wellness program.

(c) The Secretary shall specify by regulation the types or categories of State employees who:

(1) are eligible to enroll and participate in the Program with State subsidies;

(2) are eligible to enroll and participate in the Program without State subsidies; and

(3) are not eligible to enroll or participate in the Program.

(d) (1) The regulations adopted by the Secretary shall include provisions for the enrollment and participation of employees of all:

(i) organizations and entities that were participating in the Program as satellite organizations on January 1, 1993; and

(ii) employee organizations that qualify for payroll deductions under the provisions of § 2–403 of this title.

(2) Employees of organizations and entities covered by this section may participate:

(i) without State subsidies; and

(ii) with payment by the organization or entity of administrative costs resulting from the participation of its employees in the Program.

(3) The regulations adopted by the Secretary under this subsection shall provide that an employee organization specified in paragraph (1)(ii) of this subsection:

(i) may not enroll or participate in the Program unless the organization has notified the Secretary, in writing, on or before July 1, 1994 of the organization’s intent to enroll and participate in the Program during calendar year 1994; and

(ii) may not enroll or participate in the Program on or after January 1, 1995 unless the organization has participated in the Program during calendar year 1994.
Md. Code, Family Law § 2-201 — MD Code / Article gfl / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) This section may not be construed to invalidate any other provision of this title.

(b) Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.
Md. Code, Criminal Law § 2-502 — MD Code / Article gcr / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

(a) For purposes of determining alcohol concentration under this subtitle, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

(b) The presumptions and evidentiary rules of §§ 10-302, 10-306, 10-307, and 10-308 of the Courts Article apply to a person charged under this subtitle.
Md. Code, State Government § 2-405 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-405
§2–405.
Status: in_force

(a) This section applies only to a vacancy on the Committee that occurs while the General Assembly is not in session.

(b) (1) If a vacancy occurs in one of the offices of cochairs of the Committee, a successor shall be elected:

(i) for the Senate cochair, by the Senators on the Committee; and

(ii) for the House cochair, by the Delegates on the Committee.

(2) If vacancies occur in both offices of the cochairs of the Committee, the successors shall be elected from among the remaining members of the Committee by those members. One of the cochairs shall be a Senator, and one shall be a Delegate.

(c) (1) If a vacancy occurs among the Senators on the Committee, a successor shall be appointed by the President.

(2) If a vacancy occurs among the Delegates on the Committee, a successor shall be appointed by the Speaker.
Md. Code, State Government § 2-1221 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1221
§2–1221.
Status: in_force

(a) A fiscal/compliance audit conducted by the Office of Legislative Audits shall include:

(1) examining financial transactions and records and internal controls;

(2) evaluating compliance with applicable laws and regulations;

(3) examining electronic data processing operations; and

(4) evaluating compliance with applicable laws and regulations relating to the acquisition of goods and services from Maryland Correctional Enterprises.

(b) A performance audit conducted by the Office of Legislative Audits may include:

(1) evaluating the efficiency, effectiveness, and economy with which resources are used;

(2) determining whether desired program results are achieved; and

(3) determining the reliability of performance measures, as defined in § 3–1001(g) of the State Finance and Procurement Article, identified in:

(i) the managing for results agency strategic plan developed under § 3–1002(c) of the State Finance and Procurement Article; or

(ii) the StateStat agency strategic plan developed under § 3–1003(d) of the State Finance and Procurement Article.

(c) The purpose of financial statement audits conducted by the Office of Legislative Audits shall be to express an opinion regarding the fairness of the presentation of a unit’s financial statements.

(d) The audits referred to in subsections (a), (b), and (c) of this section shall be conducted in accordance with generally accepted government auditing standards.

(e) (1) Upon approval of the Joint Audit and Evaluation Committee, the Office of Legislative Audits shall develop and use a rating system that is based on the results of a fiscal/compliance audit to determine an overall evaluation of a unit’s financial transactions, records, and internal controls and compliance with applicable laws and regulations as a means of comparing the various units of State government.

(2) When an evaluation is issued, it shall be provided to the unit and shall be available to the Joint Audit and Evaluation Committee and the Budget Committees of the Maryland General Assembly.
Md. Code, State Government § 2-708 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-708
§2–708.
Status: in_force

The President and the Speaker may refer to the Committee any matter that they consider appropriate.
Md. Code, Environment § 2-1003 — MD Code / Article gen / Title 2 / Subtitle 10 / Section 2-1003
§2–1003.
Status: in_force

(a) Beginning December 1, 2007, and each year thereafter, a person that owns, leases, operates, or controls an affected facility shall submit to the Department, the Department of Natural Resources, and the Public Service Commission, a report that includes:

(1) Emissions performance results related to compliance with the emissions requirements under § 2-1002 of this subtitle;

(2) The number of pounds of oxides of nitrogen, sulfur dioxide, mercury, and carbon dioxide emitted during the previous calendar year from the affected facility;

(3) A current compliance plan; and

(4) Any other information requested by the Department.

(b) The Department shall review the information submitted under this section to determine whether the actual and proposed modifications and permit and construction schedules are adequate to achieve the emissions requirements under this subtitle and shall make these determinations publicly available on an annual basis.

(c) (1) Notwithstanding any other provision of law and subject to paragraph (2) of this subsection, the Department shall allow the R.P. Smith facility, units 3 and 4, to operate without complying with the emissions requirements under this subtitle if PJM Interconnection, Inc. determines that the termination of operation of the facility will adversely affect the reliability of electrical service in the PJM region.

(2) If the Department allows the R.P. Smith facility, units 3 and 4, to operate without complying with the emissions requirements under this subtitle in accordance with this subsection:

(i) The facility may not operate at emissions levels greater than the highest level measured at the facility during the calendar years 2000 through 2004; and

(ii) The Department shall review the operations of the facility and adopt regulations to establish an alternative emissions requirement for the facility.
Md. Code, Business Regulation § 2-105 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) The Secretary may adopt regulations for the Office of the Secretary.

(b) Before a unit in the Department publishes a proposed regulation under § 10–112 of the State Government Article, the unit shall submit the proposed regulation to the Secretary.

(c) (1) The Secretary may approve any proposed regulation.

(2) Within 30 days after submission of a proposed regulation on a regulatory, supervisory, quasi–judicial, disciplinary, or enforcement function of a unit, the Secretary may disapprove the proposed regulation but only if the Secretary finds that it:

(i) would discourage competition within a regulated occupation or profession;

(ii) would unfairly restrict entry of applicants into a regulated occupation or profession; or

(iii) otherwise is contrary to the public interest.

(3) The Secretary may disapprove or revise any other proposed regulation.
Md. Code, Tax - General § 2-201 — MD Code / Article gtg / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

From the admissions and amusement tax revenue, the Comptroller shall distribute each quarter the amount necessary to administer the admissions and amusement tax laws in the previous quarter to an administrative cost account.
Md. Code, State Government § 2-605 — MD Code / Article gsg / Title 2 / Subtitle 6 / Section 2-605
§2–605.
Status: in_force

In addition to any powers and duties set forth elsewhere, the Committee shall:

(1) review audit reports issued by the Legislative Auditor and submit findings and recommendations to the General Assembly with respect to issues in audit reports;

(2) review the audit process and procedures and provide comment and recommendations to the President and the Speaker, the Executive Director of the Department of Legislative Services, and the Legislative Auditor;

(3) review performance evaluations conducted and reports issued by the Office of Program Evaluation and Government Accountability and submit findings and recommendations to the General Assembly with respect to issues raised in the performance evaluations and reports; and

(4) review the performance evaluation process and procedures and provide comment and recommendations to the President and the Speaker, the Executive Director of the Department of Legislative Services, and the Director of the Office of Program Evaluation and Government Accountability.
Md. Code, Commercial Law § 2A-510 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-510
§2A–510.
Status: in_force

(1) Under an installment lease agreement, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.

(2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
Md. Code, Business Occupations and Professions § 2-4A-02 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-02
§2–4A–02.
Status: in_force

(a) (1) A licensee or permit holder who performs any of the services described in § 2-4A-04 of this subtitle shall be required to undergo, at least once every 3 years, a peer review.

(2) The Board may modify the peer review requirement for a licensee or permit holder upon a showing of good cause.

(b) A peer review shall be performed and recorded in accordance with standards no less stringent than those set forth in the standards for performing and reporting on peer reviews of the American Institute of Certified Public Accountants.

(c) The Board must approve a peer review program other than the peer review program of the American Institute of Certified Public Accountants prior to its use to satisfy the requirements of this section.

(d) A licensee or permit holder shall affirm under the penalties of perjury on a standard form provided by the Board compliance with the peer review requirement at the time of license or permit renewal.
Md. Code, Alcoholic Beverages and Cannabis § 2-148.1 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-148.1
§2–148.
Status: in_force

§2–148.1.

(a) A direct wine deliverer shall:

(1) ensure that any container containing wine delivered directly to a consumer in the State is:

(i) conspicuously labeled with:

1. the name of the manufacturer;

2. the name and address of the consumer who is the intended recipient; and

3. the words “Contains Alcohol: Signature of Person at Least 21 Years of Age Required for Delivery”; and

(ii) commercially sealed by the manufacturer;

(2) report to the Executive Director information about the deliveries, in a manner that the Executive Director determines;

(3) file a quarterly tax return in accordance with § 5–201(d) of the Tax – General Article;

(4) pay quarterly to the Comptroller all sales taxes and excise taxes due on sales to consumers in the State;

(5) maintain for 3 years complete and accurate records of all information needed to verify compliance with this part; and

(6) allow the Comptroller or the Executive Director to perform an audit of the permit holder’s records on request.

(b) The holder of a direct wine delivery permit may not cause more than 18 9–liter cases of wine to be delivered to a single address in a single calendar year.
Md. Code, Human Services § 2-506 — MD Code / Article ghu / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

The Governor shall include the Commission in the Department’s annual budget.
Md. Code, Health - General § 2-801 — MD Code / Article ghg / Title 2 / Subtitle 8 / Section 2-801
§2–801.
Status: reserved

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

(b) (1) “Essential off–patent or generic drug” means any prescription drug:

(i) For which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, § 351 of the federal Public Health Service Act, and federal patent law have expired;

(ii) 1. That appears on the Model List of Essential Medicines most recently adopted by the World Health Organization; or

2. That has been designated by the Secretary as an essential medicine due to its efficacy in treating a life–threatening health condition or a chronic health condition that substantially impairs an individual’s ability to engage in activities of daily living;

(iii) That is actively manufactured and marketed for sale in the United States by three or fewer manufacturers; and

(iv) That is made available for sale in the State.

(2) “Essential off–patent or generic drug” includes any drug–device combination product used for the delivery of a drug for which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, § 351 of the federal Public Health Service Act, and federal patent law have expired.

(c) “Price gouging” means an unconscionable increase in the price of a prescription drug.

(d) “State health plan” has the meaning stated in § 2–601 of this title.

(e) “State health program” has the meaning stated in § 2–601 of this title.

(f) “Unconscionable increase” means an increase in the price of a prescription drug that:

(1) Is excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health; and

(2) Results in consumers for whom the drug has been prescribed having no meaningful choice about whether to purchase the drug at an excessive price because of:

(i) The importance of the drug to their health; and

(ii) Insufficient competition in the market for the drug.

(g) “Wholesale acquisition cost” has the meaning stated in 42 U.S.C. § 1395w–3a.
Md. Code, Public Safety § 2-204 — MD Code / Article gps / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) The Secretary and deputy secretary have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.

(b) In addition to any powers set forth elsewhere, the Secretary may:

(1) establish the organization of the Department;

(2) create units in the Department;

(3) define the functions, duties, and responsibilities of each unit in the Department;

(4) redefine periodically the functions, duties, and responsibilities of any unit in the Department, whether created by the Secretary or by law;

(5) assign and reassign employees of the Department to the duties, units, and regional facilities of the Department as the Secretary considers necessary to serve the needs of the Department and the public;

(6) establish standards, qualifications, and prerequisites of character, training, education, and experience for employees of the Department;

(7) establish ranks and grades and, in accordance with Title 6, Subtitle 4 of the State Personnel and Pensions Article, civilian classifications as the Secretary considers necessary and appropriate;

(8) designate the authority, responsibility, and duties of ranks, grades, and civilian classifications and the order of succession to positions of command within the Department;

(9) appoint, promote, reduce in rank or civilian classification, reassign, reclassify, retire, and discharge any employee of the Department in the manner required by law;

(10) regulate attendance, conduct, training, discipline, and procedure for employees of the Department;

(11) provide systems for periodic evaluation and improvement of the performance and physical condition of employees of the Department, including in-service training programs and courses;

(12) establish headquarters, barracks, posts, commands, and other regional facilities in localities as necessary for the efficient performance of the duties of the Department;

(13) close headquarters, barracks, posts, commands, and other regional facilities when their need ceases to exist;

(14) purchase or otherwise acquire the land, facilities, equipment, or services as are considered essential for the needs of the Department or its employees in carrying out their duties, in the manner required by law;

(15) sell or dispose of land, facilities, or equipment as they become unnecessary or unfit for further use, in the manner required by law;

(16) establish and modify systems for receiving, processing, and maintaining:

(i) reports and records of occurrences or alleged occurrences of crime and motor vehicle accidents in the State; and

(ii) reports and records of the administration, management, and operations of the Department; and

(17) establish procedures for safekeeping, copying, and destroying records of the Department.

(c) The Secretary may not exercise or perform the powers, duties, responsibilities, and functions set forth in §§ 6-301, 6-302, and 6-501 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 2-305 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

(a) There is a Class 4 beer wholesaler’s license.

(b) The license authorizes the license holder to:

(1) acquire beer from:

(i) a license holder that is authorized to sell and deliver beer to a wholesaler; and

(ii) a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver beer; and

(2) sell and deliver beer from the licensed premises to:

(i) a license holder or permit holder in the State; and

(ii) an authorized person outside the State.

(c) The annual license fee is $1,250.

(d) The license holder may use an additional location for the warehousing, sale, and delivery of beer:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $1,250 fee for each additional location.
Md. Code, Housing and Community Development § 2-103 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary.

(2) The Secretary is the head of the Department.

(b) Before taking office, the Secretary shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The Secretary serves at the pleasure of the Governor and is directly responsible to the Governor.

(2) The Secretary shall counsel and advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(d) The Secretary is entitled to the compensation provided in the State budget.
Md. Code, Corporations and Associations § 2-503 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) Unless the charter provides otherwise, meetings of stockholders shall be held as is:

(1) Provided in the charter or bylaws; or

(2) Set by the board of directors under the provisions of the charter or bylaws.

(b) If the board of directors is authorized to determine the place of a meeting of the stockholders, the board of directors may determine that the meeting not be held at any place, but instead may be held partially or solely by remote communication, as authorized by subsection (c) of this section.

(c) If authorized by the board of directors and subject to any guidelines and procedures that the board adopts, stockholders and proxy holders not physically present at the meeting of the stockholders may, by remote communication:

(1) Participate in the meeting of the stockholders; and

(2) Be considered present in person and may vote at the meeting of the stockholders, whether the meeting is held at a designated place or partially or solely by remote communication, if:

(i) The corporation implements reasonable measures to verify that each person considered present and authorized to vote at the meeting by remote communication is a stockholder or proxy holder;

(ii) The corporation implements reasonable measures to provide the stockholders and proxy holders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the stockholders, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings; and

(iii) In the event any stockholder or proxy holder votes or takes other action at the meeting by remote communication, a record of the vote or other action is maintained by the corporation.
Md. Code, Alcoholic Beverages and Cannabis § 2-306 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

(a) There is a Class 5 wine wholesaler’s license.

(b) The license authorizes the license holder to:

(1) acquire wine from:

(i) a license holder that is authorized to sell and deliver wine to a wholesaler; and

(ii) a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver wine; and

(2) sell and deliver wine from the licensed premises to:

(i) a license holder or permit holder in the State; and

(ii) an authorized person outside the State.

(c) The annual license fee is $1,250.

(d) The license holder may use an additional location for the warehousing, sale, and delivery of wine:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $1,250 fee for each additional location.
Md. Code, Business Regulation § 2-106 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) There is a Licensing Testing Fund for the Department.

(b) The Secretary shall ensure that each unit in the Department that collects fees for a licensing examination given by a national testing association pays all of the fees into the Licensing Testing Fund.

(c) (1) The Licensing Testing Fund shall be used to pay the money that the Department owes to a national testing association.

(2) At the end of each fiscal year, any money in the Licensing Testing Fund that is not needed under paragraph (1) of this subsection reverts to the General Fund of the State.
Md. Code, Tax - Property § 2-213 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-213
§2–213.
Status: in_force

(a) Each supervisor shall maintain for public inspection, without charge:

(1) a complete set of tax maps for the county together with parcel reference lists; and

(2) on request of an interested party, sales records or transfer voucher forms that relate to sales of real property.

(b) The Department shall provide copies of the information set forth in subsection (a) of this section to the public for a reasonable fee that reflects the cost of reproduction.
Md. Code, Agriculture § 2-1604 — MD Code / Article gag / Title 2 / Subtitle 16 / Section 2-1604
§2–1604.
Status: in_force

§2–1604. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //

(a) There is a Spay/Neuter Advisory Board.

(b) The Advisory Board consists of:

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

(2) The following members, appointed by the Secretary:

(i) One representative of a private animal shelter;

(ii) One veterinarian;

(iii) One representative of a local animal control agency;

(iv) One representative of the pet food industry; and

(v) Two representatives of animal welfare advocacy organizations.

(c) The Secretary shall designate the chair of the Advisory Board.

(d) The Department shall provide staff support for the Advisory Board.

(e) A member of the Advisory Board:

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

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

(f) The Advisory Board shall advise the Department with respect to:

(1) The administration of the Fund;

(2) The solicitation and evaluation of competitive grant proposals;

(3) Appropriate additional standards for grant proposals;

(4) Additional relevant data that the Department should require from local animal shelters and appropriate animal control organizations;

(5) The adoption of regulations that implement this subtitle; and

(6) Any other appropriate matter with respect to the implementation of the Fund in the discretion of the Department.
Md. Code, Commercial Law § 2A-302 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-302
§2A–302.
Status: in_force

Except as otherwise provided in this title, each provision of this title applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
Md. Code, Agriculture § 2-517 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-517
§2–517.
Status: in_force

(a) (1) The Maryland Agricultural Land Preservation Foundation shall establish a Critical Farms Program that is separate and independent from the requirements of the Maryland Agricultural Land Preservation Program established under this subtitle.

(2) The purpose of the Program is to provide interim or emergency financing for the acquisition of agricultural preservation easements on critical farms that would otherwise be sold for nonagricultural uses.

(b) (1) The Foundation, with county approval, shall determine if a property qualifies for the Critical Farms Program in accordance with the criteria developed under paragraph (2) of this subsection.

(2) (i) The Foundation, in consultation with the Department of Planning, shall develop criteria for counties to consider when determining whether a property qualifies for the Program.

(ii) The criteria shall include:

1. The qualifying strategic characteristics of the property, including location and productivity;

2. The circumstances creating the risk of the property being sold for nonagricultural purposes;

3. When applicable, the characteristics of the purchaser of strategic farmland seeking assistance from the Program;

4. The consistency of the proposed acquisition with county goals and priorities and, if applicable, the county’s priority preservation area; and

5. Evaluation of the property as a priority easement acquisition.

(c) (1) The Maryland Agricultural Land Preservation Foundation shall develop, in consultation with the Department of General Services:

(i) A method for valuating an option to purchase an easement on property under the Critical Farms Program; and

(ii) A procedure for purchasing an easement option from the owner or purchaser of a critical farm under the Critical Farms Program.

(2) For purposes of setting an easement acquisition value for a State easement program, a property participating in the Program by sale of easement option shall be valued:

(i) As if it was not subject to any restriction imposed under this subtitle; and

(ii) In accordance with the valuation requirements of the specific State easement program to which the Critical Farms Program participant may apply to sell an easement.

(3) After a final easement sale, the Foundation shall be reimbursed by the Critical Farms Program participant for the amount that was paid by the Foundation for the easement option.

(4) The Foundation shall deposit the reimbursement in the Critical Farms Fund.

(5) The Foundation may be reimbursed for expenses associated with the acquisition of an easement option from the proceeds of the final easement sale and shall deposit the reimbursed expenses in the Critical Farms Fund.

(d) (1) When acquiring a fee simple interest in property under the Critical Farms Program, the Maryland Agricultural Land Preservation Foundation may submit to the Board of Public Works for approval at the same time as acquisition a plan for subsequent disposition of all or any portion of the property.

(2) Disposition of property under the Program may include the sale, lease, exchange, or transfer of the property.

(3) Any proceeds from the disposition of property under the Program shall be deposited in the Critical Farms Fund.

(4) When disposing of property under this subsection, the Foundation shall impose a perpetual agricultural land preservation easement on the property to restrict the use of the property to agricultural purposes.

(5) The Foundation may require reimbursement for expenses associated with the acquisition and disposition of property under this subsection from the purchaser of the property and shall deposit the reimbursed expenses in the Critical Farms Fund.

(6) Property conveyed under this subsection is not:

(i) Excess personal property under § 4–501 of the State Finance and Procurement Article; or

(ii) Subject to the requirements of § 5–310 of the State Finance and Procurement Article.

(e) (1) In this subsection, “Fund” means the Critical Farms Fund.

(2) There is a Critical Farms Fund in the Department.

(3) The purpose of the Fund is to finance the acquisition of agricultural land preservation easements on critical farms by:

(i) The purchase of easement options under this section and under § 2–517.1 of this subtitle; and

(ii) The purchase of a fee simple interest in land and resale with an agricultural land preservation easement in place.

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

(5) The Governor may include each year in the budget an appropriation to the Fund consistent with Section 5 of the Agricultural Stewardship Act of 2006.

(6) If the Governor’s appropriation increases the Fund to more than $16 million, the Foundation shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that adequately documents the additional need.

(f) The Maryland Agricultural Land Preservation Foundation may adopt regulations to implement the provisions of this section.
Md. Code, Corporations and Associations § 2-610 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-610
§2–610.
Status: in_force

Articles of amendment, articles of restatement, and articles of amendment and restatement shall be executed for the corporation in the manner required by Title 1 of this article and shall be filed for record with the Department.
Md. Code, Health Occupations § 2-308.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-308.1
§2–308.
Status: in_force

§2–308.1.

(a) (1) The Board shall place a licensee on inactive status if the licensee submits to the Board:

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

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

(2) The Board may not place a licensee on inactive status for more than 2 years, beginning on the date the Board grants the application for inactive status.

(b) A licensee may renew the inactive status for not more than two consecutive additional terms.

(c) The Board shall provide a licensee who has complied with the requirements of subsection (a) of this section with written notification of:

(1) The date that the licensee’s inactive status becomes effective;

(2) The date that the licensee’s inactive status period expires; and

(3) The consequences of not reactivating the license or, if the inactive status may be renewed, renewing the inactive status before the inactive status period expires.

(d) A licensee on inactive status under subsection (a) of this section may not practice audiology, hearing aid dispensing, or speech–language pathology or assist in the practice of speech–language pathology while the license is on inactive status.

(e) A licensee on inactive status under subsection (a) of this section may reactivate the license at any time during the inactive status period if the licensee:

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

(2) Complies with any other requirements set by the Board.

(f) If a licensee fails to renew the inactive status under subsection (b) of this section or reactivate the license under subsection (e) of this section, the license shall be placed on nonrenewed status.

(g) A licensee whose license has been placed on nonrenewed status under subsection (f) of this section may apply to the Board to reinstate the license if the licensee:

(1) Meets the requirements of § 2–305 of this subtitle; or

(2) Meets:

(i) The current requirements for obtaining a new license under this subtitle; and

(ii) The continuing education requirements established by the regulations of the Board.
Md. Code, State Personnel and Pensions § 2-701 — MD Code / Article gsp / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

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

(b) (1) “Returning veteran” means an individual who left State employment to perform service in the uniformed services and who seeks reinstatement to State employment.

(2) “Returning veteran” does not include an individual who left State employment while serving as a temporary employee.

(c) “Service in the uniformed services” has the meaning stated in 38 U.S.C. § 4303.
Md. Code, Transportation § 2-109 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

(a) On behalf of each unit in the Department, the Secretary, with the approval of the Governor, may waive the provisions of this article requiring competitive bids if:

(1) The purchase is to be made from or the contract is to be made with the federal or any state government or any of their agencies or political subdivisions;

(2) The public exigency requires the immediate delivery or use of the supplies or services; or

(3) Only one source of supply is available.

(b) For purposes of this section, public exigency means an emergency caused by an act of God, natural disaster, catastrophe, or other similar event or public disorder, when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by the requirements of competitive bidding.
Md. Code, Commercial Law § 2A-215 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-215
§2A–215.
Status: in_force

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:

(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent general language of description.

(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Md. Code, Election Law § 2-101 — MD Code / Article gel / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: reserved

(a) There is a State Board of Elections consisting of five members.

(b) The State Board shall maintain its principal office in Annapolis and have staff, subject to the State Personnel and Pensions Article, as provided in the State budget.

(c) (1) Each member of the State Board shall:

(i) subject to subsection (g)(2) of this section, be appointed by the Governor in accordance with paragraph (2) of this subsection, with the advice and consent of the Senate of Maryland;

(ii) be a registered voter in the State for the 5 years immediately preceding the appointment;

(iii) subject to subsection (f)(3) of this section, be eligible for reappointment;

(iv) conform to the restrictions specified under § 2-301 of this title; and

(v) be subject to removal by the Governor for incompetence, misconduct, or other good cause, upon written charges filed by the Governor with the State Board and after having been afforded notice and ample opportunity to be heard.

(2) Subject to subsection (e) of this section, the Governor shall appoint as a member of the State Board an individual whose name is submitted to the Governor by the State Central Committee of the principal political party entitled to the appointment.

(d) Before taking office, each appointee to the State Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e) (1) Each member of the State Board shall be a member of one of the principal political parties.

(2) A person may not be appointed to the State Board if the appointment will result in the State Board having more than three or fewer than two members of the same principal political party.

(f) (1) The term of a member is 4 years and begins on July 1.

(2) The terms of the members are staggered as required by the terms provided for members of the State Board on July 1, 1999.

(3) A member may not serve more than three consecutive terms.

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

(g) (1) If a vacancy occurs on the State Board, it shall be filled for the remainder of the unexpired term and until a successor is appointed and qualifies.

(2) An appointment made while the Senate of Maryland is not in session shall be considered temporary until the appointee is confirmed by the Senate.

(h) Not later than August 1 each year, the State Board shall elect one of its members as chairman.

(i) Each member shall receive:

(1) per diem compensation as provided in the State budget for each day that the member is actually engaged in the discharge of official duties, as authorized by the State Board and in accordance with the State budget; and

(2) reimbursement for all necessary and proper expenses, as provided in the State budget.
Md. Code, Courts and Judicial Proceedings § 2-334 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-334
§2–334.
Status: in_force

(a) This section applies only in Talbot County.

(b) The Sheriff of Talbot County shall receive a salary as set by the County Council of Talbot County.

(c) The Sheriff may appoint, subject to the approval of the County Council, the number of deputies the Sheriff deems necessary at the compensation fixed by the County Council prior to the appointment.

(d) The Sheriff may appoint a chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff.

(e) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.

(f) The Sheriff’s Office shall be operated on a 24–hour daily basis.

(g) The County Council may:

(1) Require the Sheriff and deputy sheriffs to wear the uniforms and equipment prescribed by the County Council while on duty or performing an official act; and

(2) (i) Issue the required uniforms and equipment to the Sheriff and deputy sheriffs; or

(ii) Reimburse the Sheriff and deputy sheriffs for the purchase of uniforms and equipment.
Md. Code, Tax - General § 2-116.1 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-116.1
§2–116.
Status: in_force

§2–116.1. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2030 PER CHAPTERS 725 AND 726 OF 2024 //

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

(2) “Awareness campaign” means the individual income tax credit eligibility awareness campaign.

(3) (i) “Individual income tax credit” means an income tax credit established under Title 10, Subtitle 7 of this article that may be claimed by an individual taxpayer.

(ii) “Individual income tax credit” does not include an income tax credit established under Title 10, Subtitle 7 of this article that may be claimed by a business entity or for business purposes.

(b) (1) Subject to paragraph (2) of this subsection, the Comptroller shall implement and administer an individual income tax credit eligibility awareness campaign to:

(i) identify underserved individuals who:

1. may be eligible to claim an individual income tax credit for a taxable year beginning after December 31, 2022, but before January 1, 2030, but do not claim the individual income tax credit during that same taxable year; or

2. can be identified through any other means as being eligible to claim an individual income tax credit but have failed to claim the credit; and

(ii) encourage individuals identified under item (i) of this paragraph to apply for individual income tax credits.

(2) The Comptroller may decide which individual income tax credits and underserved populations to include in the awareness campaign.

(c) (1) Subject to paragraph (2) of this subsection, in administering the awareness campaign, the Comptroller:

(i) to assist in identifying individuals under subsection (b) of this section, may partner with other State agencies by entering into data sharing agreements that comply with proper data use standards that ensure an individual’s information remains secure; and

(ii) shall for each taxable year:

1. utilize any information:

A. provided to the Comptroller by other State agencies under item (i) of this paragraph; or

B. obtained through any other means; and

2. contact and inform each individual identified under subsection (b) of this section that the individual may be eligible to claim an individual income tax credit and how to apply for the credit.

(2) For a data sharing agreement entered into in accordance with paragraph (1)(i) of this subsection:

(i) information may not be disclosed if the disclosure is prohibited by federal law; and

(ii) the Comptroller may not use any information disclosed for a purpose other than identifying individuals who may be eligible to claim an individual income tax credit.

(d) For each of fiscal years 2026 through 2030, the Governor shall include in the annual budget bill an appropriation of $300,000 to the awareness campaign.

(e) On or before December 1, 2026, and each December 1 every 2 years thereafter, the Comptroller shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation and administration of the awareness campaign and its effect on the number of individuals who have claimed individual income tax credits.
Md. Code, Health Occupations § 2-306 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

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

(1) Meets the requirements of this title;

(2) Pays the license fee set by the Board; and

(3) Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 2–303.1 of this subtitle.

(b) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this subtitle, in determining whether to grant a license, the Board shall consider:

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

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

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

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 2–303.1 of this subtitle has not been received.
Md. Code, Agriculture § 2-514.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-514.1
§2–514.
Status: in_force

§2–514.1.

An easement whose purchase is approved by the Board of Public Works on or after October 1, 2004, shall be held by the Foundation in perpetuity.
Md. Code, Health Occupations § 2-202 — MD Code / Article gho / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) (1) The Board consists of 15 members.

(2) Of the 15 Board members:

(i) 3 shall be licensed audiologists who have at least 5 years’ paid work experience in audiology and are currently practicing audiology in the State;

(ii) 3 shall be licensed speech–language pathologists who have at least 5 years’ paid work experience in speech–language pathology and are currently practicing speech–language pathology in the State;

(iii) 2 shall be physicians who shall be voting members of the Board, except on proposals that expand or restrict the practice of audiology as defined in § 2–101(q) of this title or that expand or restrict the practice of speech–language pathology as defined in § 2–101(r) of this title, and who:

1. Are licensed to practice medicine in the State;

2. Hold a certificate of qualification from the American Board of Otolaryngology; and

3. Are currently practicing in the State;

(iv) 2 shall be consumer members, 1 of whom shall be a consumer of services provided by an individual licensed by the Board;

(v) 3 shall be licensed hearing aid dispensers who have at least 5 years’ paid work experience in dispensing hearing aids and are currently practicing hearing aid dispensing in the State; and

(vi) 2 shall be licensed music therapists who have at least 5 years’ paid work experience in music therapy and are currently practicing music therapy in the State.

(3) (i) The Governor shall appoint the physician members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Society of Otolaryngology.

(ii) There shall be at least 3 names on the list.

(4) (i) The Governor shall appoint the speech–language pathologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board.

(ii) The number of names on the list shall be at least 3 times the number of vacancies.

(iii) For each licensed speech–language pathologist vacancy, the Board shall notify all licensed speech–language pathologists in the State of the vacancy to solicit nominations to fill the vacancy.

(5) (i) Subject to subparagraph (iii) of this paragraph, the Governor shall appoint the audiologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Academy of Audiology.

(ii) The number of names on the list shall be at least 3 times the number of vacancies.

(iii) For each audiologist vacancy, the Board shall notify all licensed audiologists in the State of the vacancy to solicit nominations to fill the vacancy.

(6) (i) The Governor shall appoint the hearing aid dispenser members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board.

(ii) The number of names on the list shall be at least 3 times the number of vacancies.

(iii) For each hearing aid dispenser vacancy, the Board shall notify all licensed hearing aid dispensers in the State of the vacancy to solicit nominations to fill the vacancy.

(7) (i) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

(ii) The Board and the Secretary may solicit applications for consumer member vacancies from the general public.

(iii) 1. The Governor shall appoint the consumer member who is a consumer of services provided by an individual licensed by the Board from a list submitted by the Secretary.

2. An organization representing patients or family members of patients served by individuals licensed by the Board may submit recommendations for the consumer Board member appointed under this subparagraph to the Secretary.

3. The Board and the Secretary may notify organizations representing patients or family members of patients served by individuals licensed by the Board of a vacancy for the consumer member appointed under this subparagraph.

(8) (i) The Governor shall appoint the music therapist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Association for Music Therapy.

(ii) The number of names on the list shall be at least 3 times the number of vacancies.

(iii) On or before December 31, 2021, the music therapist members shall be board certified music therapists, as defined in § 2–4A–01 of this title.

(iv) On or after January 1, 2022, the music therapist members shall be licensed professional music therapists, as defined in § 2–4A–01 of this title.

(b) Each member of the Board:

(1) Shall be a resident of this State; but

(2) May not be an employee of the Department.

(c) A consumer member of the Board:

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

(2) May not be or ever have been an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, or in training to become an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant;

(3) May not have a household member who is an audiologist, hearing aid dispenser, or speech–language pathologist or in training to become an audiologist, hearing aid dispenser, or speech–language pathologist;

(4) May not participate or ever have participated in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology;

(5) May not have a household member who participates in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(d) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

(e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

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

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1992.

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

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

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

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

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.

(h) A member of the Board may not serve as an employee, an elected officer, or a director of a professional or trade association that has members who are under the authority of the Board.
Md. Code, Corporations and Associations § 2-706 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-706
§2–706.
Status: in_force

(a) Upon application by the corporation, any successor entity to the corporation, any director of the corporation, any record or beneficial holder of valid stock or putative stock, any record or beneficial holder of putative stock as of the date of the defective corporate act, any holder of a voting trust certificate, any holder of a voting trust certificate as of the date of the defective corporate act, or any other person claiming to be substantially and adversely affected by a ratification under this subtitle, a court of the State or a federal court sitting in the State may:

(1) Determine the validity of any ratification under this subtitle; and

(2) Modify or waive any of the procedures required by this subtitle to ratify a defective corporate act.

(b) An action under this section shall be brought within 120 days after:

(1) If the ratification was approved by stockholders, and the notice required by § 2–704(a) of this subtitle was given prior to the stockholder action, the date on which ratification became effective; or

(2) If notice was given or deemed given within 60 days after the ratification, the date on which notice was given or deemed given to stockholders and any holders of putative stock in accordance with § 2–704(b) of this subtitle.
Md. Code, Tax - General § 2-701 — MD Code / Article gtg / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

The Comptroller shall distribute the inheritance tax revenue to the General Fund of the State.
Md. Code, Business Regulation § 2-110 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

(a) In this section, “license”:

(1) means any grant of authority to conduct a business or to practice an occupation; and

(2) includes a certificate, permit, or registration.

(b) A unit in the Department may not require as a condition for a license an ability to communicate in English, except to the extent that the unit expressly determines that the ability is needed to engage in the business or occupation for which the license is sought.

(c) (1) If a unit in the Department determines that the use of an interpreter of a foreign language or sign language will not compromise the integrity of a testing procedure for a license, then, on request, the unit may allow an applicant to use an interpreter during that procedure.

(2) An applicant who uses an interpreter shall pay the cost of the interpreter.
Md. Code, Commercial Law § 2A-204 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-204
§2A–204.
Status: in_force

(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.

(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.

(3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
Md. Code, State Government § 2-410 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-410
§2–410.
Status: in_force

Within the amounts made available by appropriation, each officer and unit of the State government shall conduct any study that the Committee requests.
Md. Code, Health Occupations § 2-314.8 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.8
§2–314.
Status: in_force

§2–314.8.

Each time an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or the hearing aid dispenser shall give the individual a receipt that includes:

(1) The name and address of the regular place of business of the audiologist or the hearing aid dispenser;

(2) The license number of the audiologist or the hearing aid dispenser;

(3) The make, model, and serial number of the hearing aid provided;

(4) If the hearing aid is used or reconditioned, a statement that indicates that the hearing aid is used or reconditioned;

(5) The amount charged for the hearing aid;

(6) The total refundable amount of the hearing aid if it is returned within 30 days as provided in the Hearing Aid Sales Act, Title 14, Subtitle 25 of the Commercial Law Article; and

(7) The signature of the audiologist or the hearing aid dispenser.
Md. Code, Courts and Judicial Proceedings § 2-332 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-332
§2–332.
Status: in_force

(a) This section applies only in St. Mary’s County.

(b) The Sheriff of St. Mary’s County shall receive an annual salary of:

(1) $100,000 for calendar year 2015;

(2) $102,000 for calendar year 2016;

(3) $104,040 for calendar year 2017; and

(4) Beginning in calendar year 2018, equal to the salary of a Department of State Police lieutenant colonel (step 12).

(c) The Sheriff shall devote full time to the duties of office.
Md. Code, State Government § 2-1804 — MD Code / Article gsg / Title 2 / Subtitle 18 / Section 2-1804
§2–1804.
Status: in_force

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

(2) “Personal information” means an individual’s:

(i) Social Security number; or

(ii) driver’s license number.

(3) “Publicly post or display” means to intentionally make available to the public.

(b) Except as otherwise provided by law, on or after June 1, 2010, the General Assembly, to the extent practicable, may not publicly post or display on an Internet website maintained or paid for by the General Assembly an individual’s personal information.
Md. Code, Health - General § 2-602 — MD Code / Article ghg / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

(a) A person may not:

(1) Knowingly present or cause to be presented a false or fraudulent claim for payment or approval;

(2) Knowingly make, use, or cause to be made or used a false record or statement material to a false or fraudulent claim;

(3) Conspire to commit a violation under this subtitle;

(4) Have possession, custody, or control of money or other property used by or on behalf of the State under a State health plan or a State health program and knowingly deliver or cause to be delivered to the State less than all of that money or other property;

(5) (i) Be authorized to make or deliver a receipt or other document certifying receipt of money or other property used or to be used by the State under a State health plan or a State health program; and

(ii) Intending to defraud the State or the Department, make or deliver a receipt or document knowing that the information contained in the receipt or document is not true;

(6) Knowingly buy or receive as a pledge of an obligation or debt publicly owned property from an officer, employee, or agent of a State health plan or a State health program who lawfully may not sell or pledge the property;

(7) Knowingly make, use, or cause to be made or used, a false record or statement material to an obligation to pay or transmit money or other property to the State;

(8) Knowingly conceal, or knowingly and improperly avoid or decrease, an obligation to pay or transmit money or other property to the State; or

(9) Knowingly make any other false or fraudulent claim against a State health plan or a State health program.

(b) (1) A person who is found to have violated subsection (a) of this section is liable to the State for:

(i) A civil penalty of not more than $10,000 for each violation of subsection (a) of this section; and

(ii) An additional amount of not more than three times the amount of damages that the State sustains as a result of the acts of that person in violation of subsection (a) of this section.

(2) The total amount owed by a person under paragraph (1) of this subsection may not be less than the amount of the actual damages the State health plan or State health program incurs as a result of the person’s violation of subsection (a) of this section.

(c) (1) In determining the appropriate amount of fines and damages under subsection (b) of this section, the court shall consider:

(i) The number, nature, and severity of the violations of this subtitle for which the person has been found liable;

(ii) The number, nature, and severity of any previous violations of this subtitle;

(iii) The degree of loss suffered by the State health plan or State health program;

(iv) The person’s history of billing compliance;

(v) Whether the person has a compliance program in place;

(vi) The extent to which the person has taken steps to address and correct the violation since the person became aware of the violation;

(vii) The extent to which the violation caused harm or detriment to patients or consumers of the State health plan or State health program;

(viii) Any funds previously returned to the State health plan or State health program in compliance with federal requirements regarding overpayments, to the extent the funds represented losses to the State health plan or State health program caused by the violation;

(ix) Whether the person self–reported the violation, the timeliness of the self–reporting, the extent to which the person otherwise cooperated in the investigation of the violation, and the extent to which the person had prior knowledge of an investigation or other action relating to the violation; and

(x) Any other factor as justice requires.

(2) In weighing the factors set forth in paragraph (1) of this subsection, the court shall, where appropriate, give special consideration to:

(i) The extent to which the person’s size, operations, or financial condition may have affected each of the factors set forth in paragraph (1) of this subsection; and

(ii) The extent to which the person’s size, operations, or financial condition may affect the person’s ability to provide care and continue operations after payment of damages and fines.

(d) The penalties provided in subsection (b) of this section are in addition to any criminal, civil, or administrative penalties provided under any other State or federal statute or regulation.
Md. Code, Housing and Community Development § 2-104 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Office of the Secretary as necessary to fulfill the duties assigned to the Secretary.
Md. Code, Tax - Property § 2-108 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) Before taking office, each assessor shall take the oath required by Article I, § 9 of the Maryland Constitution.

(b) The assessor shall take the oath before the clerk or a deputy clerk of the circuit court for the county:

(1) in which the assessor resides; or

(2) that is designated by the Director.
Md. Code, Tax - General § 2-1103 — MD Code / Article gtg / Title 2 / Subtitle 11 / Section 2-1103
§2–1103.
Status: in_force

After making the distributions required under §§ 2–1101 and 2–1102 of this subtitle, the Comptroller shall distribute:

(1) the remaining motor fuel tax revenue from aviation fuel to the Transportation Trust Fund;

(2) all remaining motor fuel tax revenue, equal to the average percentage by which the motor fuel tax rate exceeds 18.5 cents per gallon, not including revenue attributable to an increase in the motor fuel tax rates under § 9–305(b) of this article or revenue attributable to the sales and use tax equivalent rate imposed under § 9–306 of this article, to the Gasoline and Motor Vehicle Revenue Account in the Transportation Trust Fund;

(3) revenue attributable to an increase in the motor fuel tax rates imposed under § 9–305(b) of this article to the Transportation Trust Fund; and

(4) revenue attributable to the sales and use tax equivalent rate imposed under § 9–306 of this article to the Transportation Trust Fund.
Md. Code, Agriculture § 2-1601 — MD Code / Article gag / Title 2 / Subtitle 16 / Section 2-1601
§2–1601.
Status: in_force

§2–1601. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTERS 92 AND 472 OF 2022 //

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

(b) “Advisory Board” means the Spay/Neuter Fund Advisory Board established under § 2–1604 of this subtitle.

(c) “Fund” means the Spay/Neuter Fund established under § 2–1602 of this subtitle.
Md. Code, Commercial Law § 2-713 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-713
§2–713.
Status: in_force

(1) Subject to the provisions of this title with respect to proof of market price (§ 2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this title (§ 2-715), but less expenses saved in consequence of the seller’s breach.

(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Md. Code, Correctional Services § 2-114 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: reserved

(a) To increase efficiency and economy, the Secretary may transfer, assign, or reassign any function, activity, or staff, and the associated funds and equipment, from a unit in the Department to another unit in the Department.

(b) (1) A transfer authorized by this section shall be made in accordance with the State Personnel and Pensions Article and the State Finance and Procurement Article.

(2) Except for a warden, assistant warden, or a chief of security of a State correctional facility, an employee of the Department may not be transferred or reassigned involuntarily to a work site that is more than 50 miles from the work site to which the employee previously was assigned.

(c) (1) If the transfer of a function or activity under this section renders the name of a unit in the Department misleading or inadequate, the Secretary may, with the Governor’s approval, rename the affected unit.

(2) If the Secretary renames a unit as provided under paragraph (1) of this subsection, the Secretary shall submit legislation during the next session of the General Assembly to make any necessary conforming changes to the Code.
Md. Code, State Personnel and Pensions § 2-515.3 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-515.3
§2–515.
Status: in_force

§2–515.3.

(a) This section applies to the Maryland Agricultural and Resource–Based Industry Development Corporation and the Maryland Clean Energy Center.

(b) If the Secretary determines that an entity subject to this section is an eligible entity, an employee of the entity may enroll and participate in the health insurance benefit options established under the Program with the approval of the entity.

(c) An entity subject to this section shall:

(1) pay to the State the total costs resulting from the participation of its employees in the Program; and

(2) determine the extent to which the entity will subsidize participation of its employees in the Program.
Md. Code, Corporations and Associations § 2-201 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) Subject to the provisions of this subtitle, a corporation from time to time may issue:

(1) Stock of any class authorized by its charter; and

(2) Securities convertible into stock of any class authorized by its charter.

(b) The authorization of stock convertible into other stock or securities convertible into stock constitutes an authorization of the stock into which the stock or securities are convertible, without further specific authorization in the charter.

(c) (1) The board of directors of a corporation may, in its sole discretion:

(i) Set the terms and conditions of rights, options, or warrants under a stockholder rights plan; and

(ii) Issue rights, options, or warrants under a stockholder rights plan to designated persons or classes of persons.

(2) The rights, options, or warrants under paragraph (1) of this subsection may, in the sole discretion of the board of directors, include any limitation, restriction, or condition that:

(i) Precludes, limits, invalidates, or voids the exercise, transfer, or receipt of the rights, options, or warrants by designated persons or classes of persons in specified circumstances; or

(ii) Limits for a period not to exceed 180 days the power of a future director, as defined in the stockholder rights plan, to vote for the redemption, modification, or termination of the rights, options, or warrants.
Md. Code, Education § 2-206 — MD Code / Article ged / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(a) In this section, “noncollegiate educational institution” means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in § 10–101 of this article.

(b) (1) This section does not apply to:

(i) Apprenticeship and on–the–job training programs that are subject to the approval of the Apprenticeship and Training Council;

(ii) Individuals or entities that offer or arrange for instruction solely for avocational purposes through courses in areas such as art, music, dance, drama, sports, crafts, or photography, if these courses are designed primarily for developing skills for personal enrichment, recreation, or other leisure pursuits; or

(iii) Individuals or entities that offer or arrange for a supplemental educational program or tutoring in subjects usually taught in an elementary or secondary school to students concurrently enrolled in public or nonpublic schools.

(2) This section does not apply to these individuals or entities specified in paragraph (1)(ii) of this subsection solely on the basis that they use the word “school” as a part of their name, in literature or publications such as advertisements, brochures, catalogs or bulletins, or in other pronouncements.

(c) With the advice of the State Superintendent, the State Board shall adopt bylaws, rules, and regulations for the approval and accreditation of all public schools.

(d) With the advice of the State Superintendent, the State Board shall establish minimum requirements for issuing certificates and diplomas by public and private noncollegiate educational institutions in this State.

(e) (1) A noncollegiate educational institution may not operate in this State without a certificate of approval from the State Board.

(2) The State Board shall issue a certificate of approval to a noncollegiate educational institution if it finds that the facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:

(i) The purposes of the institution;

(ii) The programs, training, and courses to be taught by the institution; and

(iii) The certificates and diplomas to be issued by it.

(3) The State Board may not issue a certificate of approval to an institution that:

(i) Practices discrimination based on race, color, or national origin; or

(ii) Does not have a policy prohibiting a principal, vice principal, or any other employee of the institution from administering corporal punishment to discipline a student.

(4) This subsection does not apply to an institution operated by a bona fide church organization, including the Amish and Mennonite church parochial schools. However, an institution that does not have a certificate of approval from the State Board may not receive State funds, except that an institution operated by a bona fide church organization is not required to have a certificate to receive State funds for eligible students in the food service program who are enrolled in nursery school through the eighth grade.

(f) (1) If the State Board believes that a noncollegiate educational institution that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, it shall give the institution written notice of the specific deficiencies.

(2) Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Board, and, within 60 days of receipt of the request, the Board shall hold a hearing to determine if the certificate of approval should be issued.

(3) If, within 6 months from the date on which the application for certification was submitted to the State Board, the institution has received neither a certificate of approval under subsection (e) of this section nor written notice of deficiencies under this subsection, it may request, within 20 days, a hearing before the Board to determine if the certificate of approval should be issued.

(g) (1) If the State Board believes that a noncollegiate educational institution does not meet the conditions or standards on which its certificate of approval was based, it shall give the institution written notice of this belief.

(2) The notice shall specify the alleged deficiencies and direct the institution to correct them within a period of not less than 30 days as set by the Board. If the institution requests a hearing within 20 days of the notice, the Board shall hold a hearing to determine the matter.

(3) The order to correct the deficiencies shall be stayed until a determination is made after the hearing.

(h) (1) The State Board may order a noncollegiate educational institution to end operations if the institution fails to correct the specified deficiencies within the period set by the Board and if:

(i) A hearing is not requested; or

(ii) After a hearing, the Board finds that the institution does not meet the conditions or standards.

(2) The order takes effect 15 days after it is issued.

(i) (1) An institution has the right to judicial review of any State Board determination under this section as provided by the Administrative Procedure Act.

(2) The decision of the State Board is presumed correct and proper and the institution has the burden of proving otherwise.

(3) The State Board shall be a party to the proceeding.

(j) A noncollegiate educational institution shall:

(1) Be open for inspection by the State Superintendent or his designee at all reasonable times; and

(2) Furnish the reports and information required by the State Superintendent on the forms provided by the State Superintendent.

(k) (1) Each noncollegiate educational institution that receives notice of a contaminated drinking water supply from the institution’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, shall send notice of the drinking water contamination to the parent or legal guardian of each student attending the institution.

(2) The notice shall:

(i) Be sent by the institution within 10 business days after receipt of the notice of contamination from the institution’s water supplier;

(ii) Be in writing;

(iii) Identify the contaminants and their levels in the institution’s water supply; and

(iv) Describe the institution’s plan for dealing with the water contamination problem until the institution’s water is determined by the appropriate authority to be safe for consumption.

(3) The State Board shall consider an institution’s failure to send the notice required under this subsection in determining whether the institution continues to meet the conditions or standards on which the institution’s certificate of approval is based.

(l) Each noncollegiate educational institution affiliated with a residential child care program or treatment facility shall comply with the provisions of Title 8, Subtitle 5 of this article.
Md. Code, Courts and Judicial Proceedings § 2-105 — MD Code / Article gcj / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) Each of the following officers, before he assumes the duties of his office, shall be covered by a bond for the faithful performance of the duties of his office:

(1) Clerk of any court;

(2) Commissioner; or

(3) Sheriff.

(b) Each bond, except a sheriff’s bond, shall be in a penalty prescribed by the Comptroller. The Comptroller may increase or decrease the amount of a bond at any time.

(c) The sheriff of a county shall give a bond in the penalty of $10,000, except that in Allegany, Charles, Frederick, Prince George’s, and Washington counties and Baltimore City the penalty is $25,000.

(d) Every officer’s bond except a blanket bond shall have a surety who is approved by a judge of the court. A blanket bond shall have a corporate surety approved by the Comptroller.

(e) The premiums for the bonds of District Court officers shall be paid by the State. The premiums on the bonds of any other officer shall be allowed as expenses of the office.

(f) An officer’s bond shall remain in effect during his tenure in office.
Md. Code, Corporations and Associations § 2-216 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-216
§2–216.
Status: in_force

(a) A director or officer of a corporation may not knowingly and willfully:

(1) Authorize or consent to the issuance of unauthorized stock or convertible securities of the corporation;

(2) Authorize or consent to the issuance of stock or convertible securities of the corporation except in conformity with the provisions of law which relate to the issuance; or

(3) Falsely make or consent to the making of any required entry in the books of the corporation with respect to the issuance of stock or convertible securities of the corporation.

(b) In the absence of actual fraud in the transaction, a determination by the board of directors or a statement in the charter as to the actual value of consideration other than money for which stock or convertible securities are to be issued or as to the propriety of accepting that consideration for issuing the stock or convertible securities is conclusive for all purposes.

(c) An officer or director who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding two years or both.
Md. Code, Commercial Law § 2A-107 — MD Code / Article gcl / Title 2A / Subtitle 1 / Section 2A-107
§2A–107.
Status: in_force

Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
Md. Code, Agriculture § 2-1705 — MD Code / Article gag / Title 2 / Subtitle 17 / Section 2-1705
§2–1705.
Status: in_force

(a) On or before January 1, 2018, the Department shall adopt minimum standards of care for dogs and cats in animal shelters that are consistent with:

(1) The most recent Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters; and

(2) The most recent guidelines for standards of care in animal shelters prepared by the Professional Animal Workers of Maryland.

(b) An animal shelter shall follow the minimum standards of care adopted by the Department.
Md. Code, Financial Institutions § 2-117 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-117
§2–117.
Status: in_force

(a) In this section, “regulated person” means:

(1) A person required to be licensed or registered under this article, whether or not the person maintains a license or registration;

(2) A collection agency required to be licensed under the Business Regulation Article, whether or not the collection agency maintains a license;

(3) A person required to be licensed by or registered with the Commissioner under applicable provisions of the Commercial Law Article, whether or not the person maintains a license or registration; or

(4) A person otherwise engaging in activity subject to a provision of law, regulation, rule, or order over which the Commissioner has jurisdiction.

(b) This section does not apply to:

(1) Information relating to publicly adjudicated disciplinary or enforcement actions against a regulated person; or

(2) Information or material provided to NMLS.

(c) Except as otherwise provided in this article, a person, including the Commissioner and an employee of and the attorney for the Commissioner’s office, may not disclose any information obtained or generated in the course of exercising the Commissioner’s authority to examine regulated persons.

(d) The Commissioner and an employee of and the attorney for the Commissioner’s office may disclose the information described in subsection (c) of this section:

(1) If performing a public duty to report on or take special action relating to a regulated person;

(2) If testifying as a witness in a criminal proceeding;

(3) If informing a director, officer, member, partner, employee, or agent of a regulated person of the results of an examination;

(4) If providing information to any state or federal agency having supervisory authority over the regulated person; and

(5) If entering information into evidence under seal in a public enforcement hearing.

(e) Subject to subsections (f), (g), and (l) of this section, and notwithstanding any other provision of State or federal law, the Commissioner may:

(1) Enter into information sharing agreements with any federal or state regulatory agency having authority over regulated persons or with any federal or state law enforcement agency, including the Office of Foreign Assets Control, and any successor to these agencies, and any agency of a foreign country with primary responsibility for regulating regulated persons, if the agreements prohibit the agencies from disclosing any shared information about a regulated person without the prior written consent from the Commissioner regarding disclosure of the particular information; and

(2) Exchange information about a regulated person, including information obtained or generated during an examination, with any federal or other state’s regulatory agency having authority over the regulated person or with any federal or state law enforcement agency, including the Office of Foreign Assets Control, and any successor to these agencies, and any agency of a foreign country with primary responsibility for regulating regulated persons.

(f) Information shared by the Commissioner under subsection (e) of this section may not be disclosed by an agency under federal or other states’ laws governing the disclosure of public information, or by subpoena, discovery, or admission into evidence in private civil litigation or administrative process, without the prior written consent of the Commissioner.

(g) If the Commissioner receives a record from an agency under an information sharing agreement authorized by subsection (e)(1) of this section and the agency expressly retains ownership of the record, either in writing or by law or regulation, the Commissioner:

(1) May not disclose the record to any person that requests the record under Title 4, Subtitles 1 through 5 of the General Provisions Article; and

(2) Shall forward the request for the record to the agency that owns the record for processing in accordance with the laws or regulations governing disclosure of the agency’s records.

(h) Notwithstanding § 2–113(d) of this subtitle, a financial institution or a subsidiary or an affiliate of a financial institution is subject to this section whenever the financial institution or subsidiary or affiliate engages in activity:

(1) For which it maintains or is required to maintain a license or registration issued by the Commissioner or the State Collection Agency Licensing Board; or

(2) Subject to a provision of law, regulation, rule, or order over which the Commissioner has jurisdiction, other than activity subject to any of Titles 3 through 9 of this article.

(i) Any provision of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information described in subsection (c) of this section shall be superseded by the requirements of this section.

(j) Except as otherwise provided in this section, all information disclosed by the Commissioner or an employee of or the attorney for the Commissioner’s office to any person as permitted under subsections (d) and (e) of this section:

(1) Remains the property of the Commissioner; and

(2) May not be further disclosed by any person without the prior written permission of the Commissioner.

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

(1) Forfeiture of the person’s office or employment; and

(2) A fine not exceeding $1,000 or imprisonment not exceeding 2 years or both.

(l) This section does not authorize the Commissioner to share or exchange information in any way that is prohibited by federal law.
Md. Code, Tax - General § 2-112 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

(a) (1) The Comptroller shall include on the individual income tax return form a checkoff designated as the “Maryland Cancer Fund Contribution”.

(2) The checkoff shall state that:

(i) the individual, or each spouse in the case of a joint return, may contribute to the Maryland Cancer Fund the amount designated by the individual; and

(ii) 1. the individual shall deduct the amount of the contribution from any refund to which the individual is entitled; or

2. if the individual is not entitled to a refund, the individual shall add the amount of the contribution to the income tax to be paid with the return.

(3) The Comptroller shall include, with the individual income tax return package, a description of the purposes for which the Maryland Cancer Fund was established and the purposes for which the Fund may be used.

(b) The Comptroller shall:

(1) collect the checkoff contributions and account to the State Treasurer for the money collected;

(2) from the contributions collected, distribute the amount necessary to administer the checkoff system to an administrative cost account; and

(3) after the distribution under item (2) of this subsection, distribute the remainder of the money collected under this subsection to the Maryland Cancer Fund established under § 20-117 of the Health - General Article.
Md. Code, Correctional Services § 2-110 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.
Md. Code, Agriculture § 2-307.1 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-307.1
§2–307.
Status: in_force

§2–307.1.

(a) In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.

(b) In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:

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

(2) Waived any claim of privilege as to the examination report or testimony regarding the report.

(c) The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.

(d) The unreasonable failure or refusal of an applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant’s, veterinarian’s, or veterinary practitioner’s inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.

(e) The Board shall pay the reasonable cost of any examination made under this section.
Md. Code, State Personnel and Pensions § 2-705 — MD Code / Article gsp / Title 2 / Subtitle 7 / Section 2-705
§2–705.
Status: in_force

(a) A returning veteran who meets the requirements of this subtitle shall be reinstated:

(1) to the class previously held by the returning veteran within the principal department or other independent unit in which the returning veteran had been employed; or

(2) to a position of equal responsibilities, qualifications, and rate of pay.

(b) If, because of a disability sustained during service in the uniformed services, a returning veteran is not qualified to perform the duties of the position that the veteran previously held, the returning veteran shall be reinstated to a position that:

(1) has duties that the veteran is qualified to perform; and

(2) provides the rate of pay, seniority, and status that are the same as or as similar as the circumstances of the case allow to those of the position previously held by the veteran.

(c) Subsections (a) and (b) of this section need not be implemented if the circumstances in State government have changed to the extent that implementation is impossible or unreasonable.
Md. Code, Public Utilities § 2-108 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) (1) The principal office of the Commission shall be in Baltimore City at the place that the Commission selects.

(2) Except for legal holidays, the offices of the Commission shall be open for business during regular business hours from Monday through Friday and at other times as the Commission considers necessary.

(b) (1) The Commission shall meet at the times and places in the State as the Commission considers necessary.

(2) For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Commission if no organizational business is conducted.

(c) The Commission shall have a seal.

(d) (1) The State budget shall provide sufficient money for the Commission to hire, develop, and organize a staff to perform the functions of the Commission, including analyzing data submitted to the Commission and participating in proceedings as provided in § 3–104 of this article.

(2) (i) As the Commission considers necessary, the Commission shall hire experts including economists, cost of capital experts, rate design experts, accountants, engineers, transportation specialists, and lawyers.

(ii) To assist in the regulation of intrastate hazardous liquid pipelines under Title 11, Subtitle 2 of this article, the Commission shall include on its staff at least one engineer who specializes in the storage of and the transportation of hazardous liquid materials by pipeline.

(3) The Commission shall include on its staff one or more employees that are experts in cybersecurity to:

(i) advise the Chairman of the Commission and the commissioners on measures to improve oversight of the cybersecurity practices of public service companies;

(ii) consult with the Office of Security Management on cybersecurity issues related to utility regulation;

(iii) assist the Commission in monitoring the minimum security standards developed under § 5–306 of this article;

(iv) participate in briefings to discuss cybersecurity practices based on:

1. applicable National Association of Regulatory Utility Commissioners guidance; and

2. improvements to cybersecurity practices recommended in the cybersecurity assessments required under § 5–306 of this article; and

(v) support public service companies that do not meet minimum security standards with remediating vulnerabilities or addressing cybersecurity assessment findings.

(4) The Commission may retain on a case by case basis additional experts as required for a particular matter.

(5) The lawyers who represent the Commission staff in proceedings before the Commission shall be appointed by the Commission and shall be organized and operate independently of the office of General Counsel.

(6) (i) As required, the Commission shall hire public utility law judges.

(ii) Public utility law judges are a separate organizational unit and shall report directly to the Commission.

(7) The Commission shall hire personal staff members for each commissioner as required to provide advice, draft proposed orders and rulings, and perform other personal staff functions.

(8) (i) The Commission shall:

1. collaborate with the Office of Security Management to establish cybersecurity standards and best practices for regulated entities, taking into account utility needs and capabilities based on size;

2. periodically share information on cybersecurity initiatives and best practices with municipal electric utilities; and

3. beginning on or before January 1, 2025, and every 2 years thereafter:

A. collect certifications of a public service company’s compliance with standards used in the assessments conducted under § 5–306 of this article for cybersecurity–related policies and procedures; and

B. submit a report to the State Chief Information Security Officer, or the Officer’s designee.

(ii) The report required under subparagraph (i) of this paragraph shall include:

1. a general overview of cybersecurity technology and policies used by public service companies in the State, grouped by the following types:

A. investor–owned electric companies;

B. electric cooperatives;

C. municipal electric companies;

D. gas companies; and

E. water companies;

2. general recommendations for improving cybersecurity technology and policies used by public service companies in the State, grouped by the following types:

A. investor–owned electric companies;

B. electric cooperatives;

C. municipal electric companies;

D. gas companies; and

E. water companies; and

3. for each certification collected:

A. the name of the public service company;

B. the date of the public service company’s most recent cybersecurity assessment;

C. the cybersecurity framework used in the cybersecurity assessment of the public service company; and

D. the name of the entity that completed the cybersecurity assessment.

(9) Subject to § 3–104 of this article, the Commission may delegate to a commissioner or personnel the authority to perform an administrative function necessary to carry out a duty of the Commission.

(10) (i) Except as provided in subparagraph (ii) of this paragraph or otherwise by law, all personnel of the Commission are subject to the provisions of the State Personnel and Pensions Article.

(ii) The following are in the executive service, management service, or are special appointments in the State Personnel Management System:

1. each commissioner of the Commission;

2. the Executive Director;

3. the General Counsel and each assistant general counsel;

4. the Executive Secretary;

5. the commissioners’ personal staff members;

6. the chief public utility law judge; and

7. each license hearing officer.

(e) The compensation of the following personnel shall be determined by the Commission and, if possible, in accordance with the State pay plan:

(1) the Executive Director;

(2) the General Counsel;

(3) the special appointment attorneys in the office of General Counsel;

(4) the Executive Secretary;

(5) the chief public utility law judge;

(6) each license hearing officer; and

(7) all Commission personnel in positions in:

(i) the management service; and

(ii) professional and technical classifications unique to the Commission.

(f) (1) At least 45 days before the effective date of the change, the Commission shall submit to the Secretary of Budget and Management each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.

(2) Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, changes in salary guidelines to administer the pay schedules, or creation of new pay schedules or ranges.

(3) The Secretary of Budget and Management shall:

(i) review the proposed changes; and

(ii) at least 15 days before the effective date of the proposed changes, advise the Commission whether the changes would have an adverse effect on comparable State jobs.

(4) Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect.

(g) On or before January 31 of each year, the Commission shall report to the Secretary of Budget and Management and, subject to § 2–1257 of the State Government Article, to the General Assembly setting forth all personnel positions, classifications, and salaries in the Commission as of the end of the preceding calendar year.
Md. Code, Agriculture § 2-708.2 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-708.2
§2–708.
Status: in_force

§2–708.2.

(a) In this section, “Fund” means the Maryland Horse Industry Fund.

(b) There is a Maryland Horse Industry Fund in the Department.

(c) (1) The Fund is a continuing, revolving special fund to be maintained by the State Treasurer.

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

(d) The Fund shall be invested and reinvested. Any interest or other investment earnings of the Fund shall be credited and paid into the Fund.

(e) At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State.

(f) The Fund consists of:

(1) Money made available from an assessment on equine feed as required under § 6–107.2 of this article;

(2) Money made available to the Fund by general, federal, or special fund appropriations;

(3) Money made available to the Fund by gifts, grants or transfers from any government or unit or instrumentality of a government or from any private sector sources; and

(4) Money made available from licensing and inspection of horse stables as required under §§ 2–711, 2–712, and 2–713 of this subtitle.

(g) The Board shall use the money in the Fund in accordance with the provisions of § 2–708 of this subtitle.

(h) Except for the purposes in § 2–708.1 of this subtitle, the Board may not use any money in the Fund for any other purpose of the Board.
Md. Code, State Personnel and Pensions § 2-502.2 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-502.2
§2–502.
Status: in_force

§2–502.2.

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

(2) “Market check” means a technology–driven evaluation of prescription drug pricing based on benchmarks derived from pharmacy benefits managers’ reverse auction processes conducted in the United States over the immediately preceding 12 months.

(3) “Pharmacy benefits manager” has the meaning stated in § 15–1601 of the Insurance Article.

(4) “Price” means the projected cost of a bid for providing services over the duration of the contract.

(5) “Reverse auction” means an automated bidding process conducted online that starts with an opening price and allows qualified bidders to counteroffer a lower price for multiple rounds of bidding.

(b) It is the intent of the General Assembly to optimize prescription drug savings by the State through:

(1) adoption of a reverse auction process for the selection of a pharmacy benefits manager for the Program;

(2) electronic review and validation of pharmacy benefits manager claims invoices as the foundation for reconciling pharmacy bills;

(3) market checks of the incumbent pharmacy benefits manager’s prescription drug pricing; and

(4) limiting independent pharmacies from unsustainable reimbursement practices while preventing a reduction in employee benefits.

(c) (1) At least 3 months before a pharmacy benefits manager reverse auction is scheduled to be completed, the Department shall procure, through a competitive sealed proposal conducted in accordance with § 13–104 of the State Finance and Procurement Article, a technology platform, and any associated professional services necessary to operate the platform, to:

(i) evaluate the qualifications of prospective pharmacy benefits managers for the Program;

(ii) automatically adjudicate prescription drug claims; and

(iii) collect data on pharmacy reimbursement.

(2) The platform procured under paragraph (1) of this subsection shall have the capability to:

(i) host and conduct an online automated reverse auction;

(ii) automate repricing of diverse and complex pharmacy benefits manager prescription drug pricing proposals to enable direct comparisons of the price of bids using all annual claims data available for state–funded health plans or multiple health plan prescription drug purchasing groups using code–based classification of prescription drugs from nationally accepted drug sources;

(iii) produce an automated report and analysis of bids, including the ranking of bids based on the comparative costs and qualitative aspects of the costs within 48 hours after the close of each round of reverse auction bidding;

(iv) after the close of a reverse auction, perform electronic, line by line, claim by claim review of all invoiced pharmacy benefits manager claims within 12 hours of receipt and identify all deviations from the specific terms of the services contract resulting from the reverse auction process; and

(v) if available, after the close of a reverse auction, perform comparisons of the financial effects on the State of alternative drug–pricing metrics, such as the national average drug acquisition cost and average wholesale price.

(3) A responsive offeror under paragraph (2) of this subsection may not subcontract any part of the reverse auction or a review described under paragraph (2)(iv) of this subsection.

(4) The Department shall consult with the Department of Information Technology and Department of General Services in conducting the procurement required under paragraph (1) of this subsection.

(5) The Department may not award a contract under paragraph (1) of this subsection to:

(i) a pharmacy benefits manager;

(ii) a subsidiary or affiliate of a pharmacy benefits manager; or

(iii) a vendor that is managed by a pharmacy benefits manager or receives, directly or indirectly, remuneration from a pharmacy benefits manager for aggregating clients into a contractual relationship with a pharmacy benefits manager.

(6) The Department may structure a contract awarded under this subsection to require the pharmacy benefits manager selected under § 2–502.1(g) of this subtitle to pay the cost of the technology platform and associated professional services contracted under this subsection by assessing a per–prescription fee paid by the pharmacy benefits manager directly to the technology platform vendor.

(d) (1) In consultation with the vendor selected under subsection (c) of this section, and with consideration of recommendations that may be offered by the Maryland Prescription Drug Affordability Board, the Department shall specify the terms of a participant bidding agreement that all bidders must accept as a prerequisite for participation in the reverse auction, including:

(i) common definitions;

(ii) prescription drug classifications;

(iii) rules that may include retail pricing rules such as maximum allowable cost price lists and dispensing fees;

(iv) whether the vendor will be assessed a platform vendor fee described under subsection (c)(6) of this section; and

(v) any other contract terms the Department determines are necessary to further the intent of the General Assembly as established in subsection (b) of this section.

(2) The terms of a participant bidding agreement specified under paragraph (1) of this subsection may not be modified except by affirmative approval by the Department.

(e) (1) (i) The Department may perform annual market checks of pharmacy benefits manager services during the term of a pharmacy benefits manager contract to ensure continuing competitiveness of prescription drug pricing over the life of the contract.

(ii) A market check performed under this paragraph shall include an evaluation of the effect of alternative drug–pricing metrics, such as the national average drug acquisition cost and average wholesale price, on the cost of prescription drugs and savings to the State.

(2) The Department shall make regular, periodic payment of invoices within the time periods specified in a contract based on the automated adjudication of invoiced claims using the technology platform to validate that claims payments comply with the terms of the contract.

(f) (1) The following health plans in the State may use the reverse auction process established under this section individually or collectively as a joint purchasing group with the Program:

(i) a State–funded health plan other than the Program;

(ii) a self–funded county, municipal, or other local government employee health plan;

(iii) a public school employee health plan; and

(iv) a health plan of a public institution of higher education.

(2) A health plan that participates in a reverse auction purchasing group under paragraph (1) of this subsection shall:

(i) retain full autonomy over determination of the entity’s prescription drug formulary and pharmacy benefit designs; but

(ii) agree, before participating in the reverse auction, to accept the prescription drug pricing plan that is selected through the reverse auction process.

(g) A pharmacy benefits manager that submits a bid under a reverse auction process under this section or enters into a contract with the Department or a health plan described under subsection (f)(1) of this section shall provide the Department and health plan access to complete pharmacy claims data necessary for the Department and health plan to:

(1) conduct the reverse auction; and

(2) carry out administrative and management duties.

(h) (1) A prospective bidder or offeror, a bidder, or an offeror may submit a protest as provided under Title 15, Subtitle 2 of the State Finance and Procurement Article.

(2) If the pharmacy benefits manager selected under § 2–502.1(g) of this subtitle asserts that the Department has underpaid on a claim, the pharmacy benefits manager may submit a contract claim as provided under Title 15, Subtitle 2 of the State Finance and Procurement Article.

(i) (1) If the Department and the Department of General Services determine that the implementation of this section is not administratively feasible for the benefit year beginning after December 31, 2020, the Department may delay implementation of this section to the benefit year beginning after December 31, 2021.

(2) For purposes of carrying out the provisions of subsections (c) and (d) of this section before January 1, 2021, the Board of Public Works may approve a request from the Department for an exemption from specific provisions of Division II of the State Finance and Procurement Article.
Md. Code, Public Safety § 2-414 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-414
§2–414.
Status: in_force

Employment of an employee of the Department ends on the death, retirement, resignation, or termination of the employee.
Md. Code, State Government § 2-1220 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1220
§2–1220.
Status: in_force

(a) (1) In this subsection, “unit” includes each State department, agency, unit, and program, including each clerk of court and each register of wills.

(2) (i) The Office of Legislative Audits shall conduct a fiscal/compliance audit of each unit of the State government, except for units in the Legislative Branch.

(ii) The audit of each unit shall be conducted at an interval ranging from 3 to 4 years unless the Legislative Auditor determines, on a case–by–case basis, that more frequent audits are required.

(iii) In determining the audit interval for a unit, the Office of Legislative Audits shall take into consideration:

1. the materiality and risk of the unit’s fiscal activities with respect to the State’s fiscal activities;

2. the complexity of the unit’s fiscal structure; and

3. the nature and extent of audit findings in the unit’s prior audit reports.

(iv) Each agency or program may be audited separately or as part of a larger organizational unit of State government.

(3) Performance audits or financial statement audits shall be conducted when authorized by the Legislative Auditor, when directed by the Joint Audit and Evaluation Committee or the Executive Director, or when otherwise required by law.

(4) (i) In addition to the audits required under paragraph (2) of this subsection, the Office of Legislative Audits may conduct a review when the objectives of the work to be performed can be satisfactorily fulfilled without conducting an audit as prescribed in § 2–1221 of this subtitle.

(ii) 1. The Office of Legislative Audits has the authority to conduct a separate investigation of an act or allegation of fraud, waste, or abuse in the obligation, expenditure, receipt, or use of State resources.

2. The Legislative Auditor shall determine whether an investigation shall be conducted in conjunction with an audit undertaken in accordance with this subsection or separately.

(5) If, on request of the Comptroller, the Joint Audit and Evaluation Committee so directs, the Office of Legislative Audits shall audit or review a claim that has been presented to the Comptroller for payment of an expenditure or disbursement and that is alleged to have been made by or for an officer or unit of the State government.

(6) The Office of Legislative Audits shall conduct an audit or review to determine the accuracy of information about or procedures of a unit of the State government, as directed by the Joint Audit and Evaluation Committee or the Executive Director.

(b) If the General Assembly, by resolution, or the Joint Audit and Evaluation Committee so directs, the Office of Legislative Audits shall conduct an audit or review of a corporation or association to which the General Assembly has appropriated money or that has received funds from an appropriation from the State Treasury.

(c) The Office of Legislative Audits may audit any county officer or unit that collects State taxes.

(d) (1) The Office of Legislative Audits shall review any audit report prepared under the authority of:

(i) §§ 16–305 through 16–308 of the Local Government Article, with respect to a county, municipal corporation, or taxing district; or

(ii) § 16–315 of the Education Article, with respect to a community college.

(2) The results of any review made by the Office of Legislative Audits under paragraph (1) of this subsection shall be reported as provided in § 2–1224 of this subtitle.

(e) (1) Except as provided in paragraph (4) of this subsection, at least once every 6 years, the Office of Legislative Audits shall conduct an audit of each local school system to evaluate the effectiveness and efficiency of the financial management practices of the local school system.

(2) The audits may be performed concurrently or separately.

(3) The Office of Legislative Audits shall provide information regarding the audit process to the local school system before the audit is conducted.

(4) (i) Subject to the limitation under subparagraph (ii) of this paragraph, beginning in fiscal year 2017, a local school system shall be exempt from the audit requirement under paragraph (1) of this subsection if the county governing body, the county board of education, and the county delegation to the Maryland General Assembly consisting of the county senators and delegates each submits a letter to the Joint Audit and Evaluation Committee requesting an exemption on or before November 1 of fiscal year 2017, or on or before November 1 of the last year of a 6–year audit cycle under paragraph (1) of this subsection, as determined by the Office of Legislative Audits.

(ii) A local school system may not be exempt for two consecutive 6–year audit cycles.

(5) (i) On or before November 1 of the third year of a 6–year audit cycle under paragraph (1) of this subsection, each local school system shall submit a report to the Joint Audit and Evaluation Committee on the status of implementation of corrective actions to address repeat findings and recommendations identified by the Office of Legislative Audits in the most recent audit conducted under paragraph (1) of this subsection.

(ii) Each local school system shall publish the report required under this paragraph on its website.

(iii) Before publishing the report in accordance with subparagraph (ii) of this paragraph, any cybersecurity findings shall be redacted in a manner consistent with auditing best practices.

(6) Notwithstanding paragraph (4) of this subsection, the Joint Audit and Evaluation Committee may direct the Office of Legislative Audits to conduct an audit of a local school system at any time.

(f) (1) At least once every 6 years, the Office of Legislative Audits shall conduct a performance audit of the Board of Liquor License Commissioners for Baltimore City to evaluate the effectiveness and efficiency of the management practices of the Board and of the economy with which the Board uses resources.

(2) At any time on request of the President and the Speaker, the Office shall conduct a performance audit of the local licensing board, as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article, for a county or for the City of Annapolis to evaluate the effectiveness and efficiency of the management practices of the board and of the economy with which the board uses resources.

(3) The performance audit shall focus on operations relating to liquor inspections, licensing, disciplinary procedures, and management oversight.

(g) (1) At least once every 6 years, the Office of Legislative Audits shall conduct a performance audit of the Board of License Commissioners for Prince George’s County to evaluate the effectiveness and efficiency of the management practices of the Board and of the economy with which the Board uses resources.

(2) The performance audit shall focus on operations relating to liquor inspections, licensing, disciplinary procedures, and management oversight.

(h) (1) Beginning July 1, 2020, and at least once every 6 years thereafter, the Office of Legislative Audits shall conduct an audit or audits of the Baltimore Police Department to evaluate the effectiveness and efficiency of the financial management practices of the Baltimore Police Department.

(2) The scope and objectives of the audit or audits shall be determined by the Legislative Auditor.

(3) The Office of Legislative Audits shall provide information regarding the audit process to the Baltimore Police Department before the audit is conducted.

(4) The Baltimore City government shall make available to the Office of Legislative Audits all City employees, records, and information systems deemed necessary by the Legislative Auditor to conduct the audit or audits required by this subsection.
Md. Code, Agriculture § 2-2403 — MD Code / Article gag / Title 2 / Subtitle 24 / Section 2-2403
§2–2403.
Status: in_force

§2–2403. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //

To carry out the purposes of the Program the Department shall, subject to the discretion of the Secretary:

(1) Assign a Program administrator and provide for adequate administrative support;

(2) In consultation with members of the agricultural, conservation, environmental, and higher education communities, develop and promote a suite of conservation practices and community best practices eligible for the Program, including:

(i) Conservation tillage;

(ii) Nutrient input reduction;

(iii) Cover crop plantings;

(iv) Use of natural filters;

(v) Conserving and increasing wildlife and pollinator habitats;

(vi) Healthy soils practices;

(vii) Facilitating work experience focused on agriculture in underserved communities;

(viii) Partnering with operators to improve conservation practices on leased land;

(ix) Liaising between the Department and underserved communities to facilitate outreach and identify barriers to Department programs reaching broader audiences;

(x) Participating in the Farmers’ Market Nutrition Program;

(xi) Partnering with food banks or nonprofit organizations to address food insecurity;

(xii) Participating in the Certified Local Farm and Fish Program;

(xiii) Using on–farm renewable energy;

(xiv) Mentoring new and beginning farmers;

(xv) Partnering with an institution of higher education or qualified technical service provider to conduct field–based research; or

(xvi) Installation of a fixed natural buffer, including within a 100–foot tidal buffer;

(3) In consultation with members of the agricultural, conservation, environmental, and higher education communities, develop criteria and appropriate evaluation measures to establish the tiers of recognition for Program certification that includes consideration of:

(i) Proximity of a conservation practice or community best practice to waters of the State;

(ii) The extent to which a conservation practice or community best practice protects or restores the Chesapeake and Atlantic Coastal Bays Critical Area or other area designated for regulation or special protection under a federal or State law; and

(iii) The extent to which a conservation practice or community best practice engages with and benefits overburdened and underserved communities;

(4) Evaluate applications on a continuing basis and confirm participant compliance with Program criteria; and

(5) Coordinate with the Department of Natural Resources, the Department of the Environment, and the Maryland Energy Administration, as appropriate, to establish incentives for participation in the Program.
Md. Code, Health Occupations § 2-4A-25 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-25
§2–4A–25.
Status: in_force

This subtitle may be cited as the Maryland Music Therapists Act.
Md. Code, Environment § 2-1303 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1303
§2–1303.
Status: in_force

(a) The Commission shall establish:

(1) A Scientific and Technical Working Group;

(2) A Greenhouse Gas Mitigation Working Group;

(3) An Adaptation and Response Working Group;

(4) An Education, Communication, and Outreach Working Group;

(5) Subject to § 2–1303.1 of this subtitle, a Just Transition Employment and Retraining Working Group;

(6) Subject to § 2–1303.2 of this subtitle, an Energy Industry Revitalization Working Group;

(7) Subject to § 2–1303.3 of this subtitle, an Energy Resilience and Efficiency Working Group; and

(8) Subject to § 2–1303.4 of this subtitle, a Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group.

(b) The Commission may establish other working groups as needed.

(c) The Chair of the Commission shall appoint working group members who represent both public and private interests in climate change, including representatives of:

(1) Academic institutions;

(2) Renewable and traditional energy providers;

(3) Environmental organizations;

(4) Government agencies;

(5) Labor organizations; and

(6) Business interests, including the insurance and real estate industries.

(d) The Commission shall prioritize working group actions, including:

(1) Strengthening and maintaining existing State climate action plans;

(2) Developing broad public and private partnerships with local, State, and federal agencies;

(3) Communicating with and educating citizens about the urgency of acting to reduce the impacts of climate change;

(4) Maintaining an inventory of Maryland’s greenhouse gas emissions sources and carbon sinks;

(5) Addressing any disproportionate impacts of climate change on low–income and vulnerable communities;

(6) Assessing the impacts that climate change may have on the State’s economy, revenues, and investment decisions;

(7) Assessing the needs for utilities and other public and private service providers throughout the State to adjust their operating practices and investment strategies to mitigate the impacts of climate change on their customers and the public;

(8) Assessing the impacts that climate change may have on agriculture in the State;

(9) Recommending short– and long–term strategies and initiatives to better mitigate, prepare for, and adapt to the consequences of climate change;

(10) Assisting local governments in supporting community–scale climate vulnerability assessments and the development and integration of specific strategies into local plans and ordinances;

(11) Establishing comprehensive and accountable annual working group work plans that set annual goals and performance benchmarks and prioritize new and existing climate change mitigation and preparedness actions and initiatives;

(12) Maintaining a comprehensive action plan, with 5–year benchmarks, to achieve science–based reductions in Maryland’s greenhouse gas emissions;

(13) Convening regular working group and full Commission meetings to ensure that sufficient progress is being made across all sectors and communities in Maryland; and

(14) Considering other related matters as the Commission determines to be necessary.
Md. Code, Correctional Services § 2-113.1 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-113.1
§2–113.
Status: in_force

§2–113.1.

(a) The Secretary may subpoena, administer an oath to, and examine under oath any person if the Secretary considers it necessary for the effective administration of the Secretary’s duties.

(b) A person who fails to appear before the Secretary or refuses to testify when subpoenaed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(c) A person who makes a false statement under oath before the Secretary is guilty of perjury and on conviction is subject to the penalty provided under § 9–101 of the Criminal Law Article.
Md. Code, Agriculture § 2-103.2 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-103.2
§2–103.
Status: in_force

§2–103.2.

(a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any farm to conduct any inspection required or authorized by law to determine compliance with the provisions relating to the control and restriction of farmland, crops, livestock, poultry, or farm products, exposed to or contaminated by any radiological or chemical toxic material or agent or infected or infested with any disease or pest.

(b) (1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.

(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.

(c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:

(1) The applicant has sought access to the property for the purpose of making an inspection;

(2) (i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, access to the property has been denied; or

(ii) After making a reasonable effort, the applicant has been unable to locate the owner, tenant, or other individual in charge of the property;

(3) The requirements of subsection (b) of this section are met;

(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and

(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of any farmland, crops, livestock, poultry, or farm product exposed to or contaminated by any radiological or chemical agent or infected or infested with any disease or pest.

(d) (1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.

(2) The inspection conducted may not exceed the limits specified in the warrant.

(e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine whether the farmland, crops, livestock, poultry, or farm product is contaminated by a radiological or chemical agent or infected or infested with a disease or pest.

(f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(1) The time specified in the warrant, not to exceed 30 days; or

(2) If no time period is specified in the warrant, 15 days from the date of issuance of the warrant.
Md. Code, Agriculture § 2-513 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-513
§2–513.
Status: reserved

(a) Agricultural land preservation easements may be purchased under this subtitle for any land in agricultural use which meets the minimum criteria established under § 2–509 of this subtitle if the easement and county regulations governing the use of the land include the following provisions:

(1) Any farm use of land is permitted.

(2) Operation at any time of any machinery used in farm production or the primary processing of agricultural products is permitted.

(3) All normal agricultural operations performed in accordance with good husbandry practices which do not cause bodily injury or directly endanger human health are permitted including, but not limited to, sale of farm products produced on the farm where such sales are made.

(b) (1) A landowner whose land is subject to an easement may not use the land for any commercial, industrial, or residential purpose except:

(i) As determined by the Foundation, for farm– and forest–related uses and home occupations; or

(ii) As otherwise provided under this section.

(2) Except as provided in paragraphs (3) and (7) of this subsection, on written application, the Foundation shall release free of easement restrictions only for the landowner who originally sold an easement, 1 acre or less for the purpose of constructing a dwelling house for the use only of that landowner or child of the landowner, up to a maximum of three lots, subject to the following conditions:

(i) The number of lots allowed to be released under this section, except as provided in paragraph (7) of this subsection, may not exceed:

1. 1 lot if the size of the easement property is 20 acres or more but fewer than 70 acres;

2. 2 lots if the size of the easement property is 70 acres or more but fewer than 120 acres; or

3. 3 lots if the size of the easement property is 120 acres or more.

(ii) The resulting density on the property may not exceed the density allowed under zoning of the property before the Foundation purchased the easement.

(iii) The landowner shall pay the State for any acre or portion released at the price per acre that the State paid the owner for the easement.

(iv) If the release is to be issued for a child of the landowner, the child must be at least 18 years of age at the date that the preliminary release is issued.

(v) Before any conveyance or release, the landowner and the child, if there is a conveyance to a child, shall agree not to subdivide further for residential purposes any acreage allowed to be released. The agreement shall be recorded among the land records where the land is located and shall bind all future owners.

(vi) After certifying that the landowner or child of the landowner has met the conditions provided in subparagraphs (i) through (v) of this paragraph, the Foundation shall issue a preliminary release which shall:

1. Become final when the Foundation receives and certifies a nontransferable building permit in the name of the landowner or child of the landowner for construction of a dwelling house;

2. Become void upon the death of the person for whose benefit the release was intended if the Foundation has not yet received a building permit as provided in this subparagraph; or

3. Unless extended by a majority vote of the Foundation Board of Trustees, become void if a nontransferable building permit in the name of the landowner or child of the landowner is not received by the Foundation within 3 years of the date of recordation of the preliminary release.

(vii) Any release or preliminary release issued under this paragraph shall include:

1. A statement of the conditions under which it was issued, a certification by the Foundation that all necessary conditions for release or preliminary release have been met, and copies of any pertinent documents;

2. A statement by the landowner or child of the landowner that acknowledges that:

A. Adjacent farmland that is subject to an agricultural land preservation easement may be used for any agricultural purpose and may interfere with the use and enjoyment of the property through noise, odor, vibration, fumes, dust, glare, or other interference;

B. There is no recourse against the effects of any normal agricultural operation performed in accordance with good husbandry practices;

C. The landowner’s or child’s lot may not be transferred for 5 years from the date of the final release, except on:

I. Approval by the Foundation; or

II. Notwithstanding any conditions on transfers imposed under item 1 of this subparagraph, a lender providing notice to the Foundation of a transfer pursuant to a bona fide foreclosure of a mortgage or deed of trust or to a deed in lieu of foreclosure;

D. If the lot is not used for the person or purpose for which it was released for the 5–year period, the Foundation may require the lot owner to reconvey the lot to the owner of the land encumbered by the easement from which it was released and subject the lot to the restrictions of the easement; and

E. Acknowledgments made under items A, B, C, and D of this item are binding to any successor or assign of the landowner or child.

(viii) Any release, preliminary release, building permit, or other document issued or submitted in accordance with this paragraph shall be recorded among the land records where the land is located and shall bind all future owners.

(ix) The Foundation may not restrict the ability of a landowner who originally sold an easement to acquire a release under this paragraph beyond the requirements provided in this section.

(x) The Foundation may require evidence it deems sufficient to ensure that the persons for whom the lots are released occupy the dwellings located on the lots for the 5–year period.

(3) A landowner may reserve the right to exclude 1 unrestricted lot from an easement in lieu of all owner’s and children’s lots to which the landowner would otherwise be entitled under paragraph (2) of this subsection, subject to the following conditions:

(i) The resulting density on the property shall be less than the density allowed under zoning of the property before the Foundation purchased the easement;

(ii) An unrestricted lot may be subdivided by the landowner from the easement and sold to anyone to construct one residential dwelling;

(iii) The size of an unrestricted lot shall be 1 acre or less, except as provided in paragraph (7) of this subsection;

(iv) The landowner shall agree not to subdivide further for residential purposes any acreage allowed to be released, and the agreement shall be recorded among the land records where the land is located and shall bind all future owners;

(v) The right to the lot is taken into consideration in the appraisal of fair market value and determination of easement value;

(vi) The lot can be subdivided at any time and the location of the lot to be subdivided is subject to the approval of the local agricultural advisory board and the Foundation; and

(vii) If the property is transferred before the right to exclude the lot has been exercised, the right may be transferred with the property.

(4) (i) Subject to the approval of the Foundation, and based on a showing of a current compelling need, a landowner may construct housing for tenants fully engaged in operation of the farm.

(ii) Construction may not exceed 1 tenant house per 100 acres, unless the Foundation grants an exception based on a showing of compelling need.

(iii) The land on which a tenant house is constructed may not be subdivided or conveyed to any person. In addition, the tenant house may not be conveyed separately from the original parcel.

(iv) The Foundation shall adopt regulations to:

1. Establish criteria for a landowner to show the basis of a current compelling need to construct a tenant house; and

2. Establish the size and location of tenant houses.

(5) (i) After obtaining approval for the construction of a tenant house under paragraph (4) of this subsection, a landowner may, instead of constructing a new tenant house, convert an existing dwelling house into a tenant house and construct one replacement dwelling house restricted to the landowner’s own use, subject to the conditions provided under subparagraph (ii) of this paragraph.

(ii) 1. Before a replacement dwelling house may be constructed under this subsection, the landowner shall:

A. Obtain the Foundation’s approval; and

B. Execute an agreement with the Foundation to prohibit the replacement dwelling house from being separately conveyed from the original parcel.

2. The agreement required under subsubparagraph 1 of this subparagraph shall be recorded among the land records in the county where the land upon which the replacement dwelling house is to be located and shall bind future owners of the land.

3. The size and location of a replacement dwelling house constructed in accordance with this paragraph shall be subject to the Foundation’s approval.

4. A replacement dwelling house constructed in accordance with this paragraph shall be treated as a relocated existing dwelling house as described in paragraph (8) of this subsection, but is exempt from the requirements under paragraph (8)(ii) of this subsection.

(iii) The Foundation shall adopt regulations to establish the size and location of replacement dwelling houses.

(6) Except as provided in paragraph (7) of this subsection, on request to the Foundation, an owner may exclude from the easement restrictions 1 acre per each single dwelling, which existed at the time of the sale of the easement, as an owner’s, children’s, or unrestricted lot to which the owner is entitled under paragraph (2) of this subsection, by a land survey and recordation provided at the expense of the owner. However, before any exclusion is granted, an owner shall agree with the Foundation not to subdivide further for residential purposes any acreage allowed to be released. This agreement shall be recorded among the land records where the land is located and shall bind all future owners.

(7) (i) The restrictions of paragraphs (2) and (6) of this subsection concerning maximum lot sizes are altered so that the maximum lot size is:

1. As determined by the Department of the Environment in accordance with regulations adopted by the Department of the Environment in areas where there is less than 4 feet of unsaturated and unconsolidated soil material below the bottom of an on–site sewage disposal system or in areas located within 2,500 feet of the normal water level of an existing or proposed water supply reservoir; or

2. Up to a maximum of 2 acres when regulations adopted by the jurisdiction in which the land is situated require that a lot for a dwelling house be larger than 1 acre.

(ii) For exclusions provided under paragraph (6) of this subsection, the landowner shall pay the State for any acre or portion released in excess of the 1 acre per single dwelling that existed at the time of easement.

(8) The Foundation may approve a landowner’s request to relocate the site of an existing dwelling to another location on a farm subject to an easement, provided:

(i) The new location does not interfere with any agricultural use; and

(ii) Subject to the Foundation’s approval, the landowner agrees either to demolish the existing dwelling at the current location or permanently convert the existing dwelling at the current location to a use that is nonresidential and integral to the farm operation.

(9) (i) The Foundation may enter into corrective easements with landowners in order to:

1. Adjust boundary lines;

2. Resolve easement violations; or

3. Accommodate a plan that the Foundation has determined will benefit the agricultural operations.

(ii) Corrective easements under this paragraph may be accomplished by the exchange and release of farmland subject to easement restrictions with other farmland that meets the requirements of this subtitle.

(iii) Corrective easements approved by the Foundation are not subject to the requirements of §§ 4–416 and 10–305 of the State Finance and Procurement Article.

(iv) The Foundation shall adopt regulations to carry out this paragraph.

(10) The restrictions of paragraphs (2) and (6) of this subsection concerning maximum lot sizes may be waived by the Foundation so that the maximum lot size is 2 acres if:

(i) The Foundation receives a recommendation to allow a maximum lot size of more than 1 acre from the county agricultural preservation advisory board and the planning and zoning authority of the jurisdiction where the land is situated; and

(ii) The Foundation makes a determination that a lot size greater than 1 acre will not interfere significantly with the agricultural use of the land under easement.

(11) (i) A landowner may, without the approval of the Foundation, erect and display on land subject to an easement under this subtitle a sign or any other outdoor advertising display measuring not more than 4 feet by 4 feet for the purpose of:

1. Stating the name or address of the property or its occupant;

2. Advertising any farm– or forest–related uses of the property or any home occupations that occur on the property with the approval of the Foundation;

3. Advertising the sale of agricultural products, consistent with the policies of the Foundation;

4. Advertising that the property is available for sale or rent;

5. Forbidding trespassing, hunting, or the destruction of property;

6. Marking the boundaries of the property;

7. Identifying the protected status of the property; or

8. Supporting a political candidate.

(ii) The Foundation may authorize a landowner to erect and display on land subject to an easement under this subtitle a sign or any other outdoor advertising display measuring not more than 4 feet by 4 feet for the purpose of providing any other information consistent with the purposes of the Foundation.

(iii) This paragraph:

1. Supersedes any inconsistent provisions of a deed or any other agreement granting an easement under this subtitle; and

2. Does not supersede any local law or ordinance governing signs or outdoor advertising displays.

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

(ii) “Authorized renewable energy source” means the following energy sources:

1. Solar;

2. Wind;

3. Anaerobic digestion of poultry litter if placed on fallow land; and

4. Anaerobic digestion of livestock manure if placed on fallow land.

(iii) “Reference point” means a point on the Patuxent Naval Air Station centered at 38.29667N and 76.37668W.

(2) Subject to paragraph (4) of this subsection, any easement approved for purchase by the Board of Public Works after June 30, 2014, shall authorize the landowner to request approval, with a favorable recommendation of the local agricultural advisory board and if not prohibited by federal, State, and local laws and regulations, to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source provided that:

(i) The facility occupies no more than 5% or 5 acres, whichever is less, of the land subject to the easement:

1. Including permanent roads or structures that are necessary for access for operation and maintenance purposes; and

2. Not including any temporary impacts necessary for construction of the facility;

(ii) The Foundation determines that authorizing the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source will not:

1. Interfere significantly with the agricultural use of the land subject to the easement; and

2. Interfere with State, local, or federal restrictions placed on funds used by the Foundation to purchase the easement; and

(iii) For generation of electricity from wind, the generating station’s wind turbines:

1. Are not located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station; and

2. Do not exceed the maximum height above ground level within the area specified in paragraph (5) of this subsection.

(3) Subject to paragraph (4) of this subsection, a written request of a landowner, with a favorable recommendation of the local agricultural advisory board and if not prohibited by federal, State, and local laws, may be approved by the Foundation to amend an existing easement to authorize the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source provided that:

(i) The facility occupies no more than 5% or 5 acres, whichever is less, of the land subject to the easement:

1. Including permanent roads or structures that are necessary for access for operation and maintenance purposes; and

2. Not including any temporary impacts necessary for construction of the facility;

(ii) The Foundation determines that authorizing the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source will not:

1. Interfere significantly with the agricultural use of the land subject to the easement; and

2. Interfere with State, local, or federal restrictions placed on funds used by the Foundation to purchase the easement; and

(iii) For generation of electricity from wind, the generating station’s wind turbines:

1. Are not located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station; and

2. Do not exceed the maximum height above ground level within the area specified in paragraph (5) of this subsection.

(4) (i) The Foundation may not approve the use of land subject to an easement for the generation of electricity by a facility utilizing an authorized renewable energy source after June 30, 2019.

(ii) This paragraph may not be construed to prohibit the use of land subject to an easement for the generation of electricity in accordance with this subsection that was approved by the Foundation before July 1, 2019.

(5) A wind turbine located on land subject to an easement may not exceed the specified height above ground level in the area described as follows:

(i) East of a line passing through the reference point and 39.0986N and 76.5284W and:

1. Not more than 24 miles from the reference point, 0 feet;

2. More than 24 miles and not more than 30 miles from the reference point, 100 feet;

3. More than 30 miles and not more than 35 miles from the reference point, 200 feet;

4. More than 35 miles and not more than 39 miles from the reference point, 300 feet;

5. More than 39 miles and not more than 43 miles from the reference point, 400 feet;

6. More than 43 miles and not more than 46 miles from the reference point, 500 feet;

7. More than 46 miles and not more than 49 miles from the reference point, 600 feet; and

8. More than 49 miles and not more than 56 miles from the reference point, 700 feet; and

(ii) West of a line passing through the reference point and 39.0986N and 76.5284W and:

1. South of 38.4428N, 0 feet;

2. North of 38.4428N and no farther north than 38.5711N, 100 feet;

3. North of 38.5711N and no farther north than 38.5943N, 200 feet;

4. North of 38.5943N and no farther north than 38.6366N, 300 feet;

5. North of 38.6366N and no farther north than 38.6596N, 400 feet;

6. North of 38.6596N and no farther north than 38.6873N, 500 feet;

7. North of 38.6873N and no farther north than 38.7075N, 600 feet; and

8. North of 38.7075N and not more than 56 miles from the reference point, 700 feet.

(6) A facility owner who uses land subject to an easement for the generation of electricity in accordance with this subsection shall, on operation of the facility, remit an annual payment of 5% of any lease payment paid to the landowner to the Maryland Agricultural Land Preservation Fund under § 2–505 of this subtitle.

(7) A lease executed by a facility owner and a landowner for the generation of electricity in accordance with this subsection shall include provisions to require a facility owner to remove the facility if the facility is no longer intended to be used to generate electricity.

(8) A landowner who is in violation of federal, State, or local laws regarding the operation of the facility is in violation of the easement and is subject to a civil penalty under § 2–519 of this subtitle.

(9) The Foundation may charge reasonable costs to cover any expenses relating to the Foundation’s responsibility to amend any easement, as required under this subsection, and to monitor the enforcement and compliance of the easement.

(10) The Foundation shall adopt regulations to carry out the provisions of this subsection.

(d) (1) In this subsection, “special occasion event” means a wedding, lifetime milestone event, or other cultural or social event.

(2) Subject to the Foundation’s approval and any applicable regulations, and subject to paragraph (3) of this subsection, a landowner may use a portion of the land subject to an easement to hold special occasion events for commercial purposes if:

(i) More than 10 years have elapsed since the easement was recorded in the land records;

(ii) The local agricultural advisory board provides a written favorable recommendation for the proposed special occasion event area;

(iii) The proposed special occasion events are not prohibited by any federal, State, or local law or regulation;

(iv) The proposed special occasion events will not interfere with any federal, State, or local restriction placed on funds used by the Foundation to purchase the easement;

(v) The proposed special occasion event area, including parking for the special occasion events, does not exceed 2 acres, as shown on a map prepared and certified by a professional land surveyor licensed under Title 15 of the Business Occupations and Professions Article;

(vi) The Foundation approves in writing the location of the proposed special occasion event area;

(vii) The Foundation determines in writing that the proposed special occasion events will not interfere with the agricultural use of the land subject to the easement;

(viii) The proposed special occasion events will take place in:

1. A temporary structure, including an enclosed or open canopy or tent, or other portable structure erected for a reasonable amount of time to accommodate the special occasion event;

2. An existing building on the land subject to the easement;

3. A farm or open air pavilion; or

4. Any other existing structure located on the land subject to the easement; and

(ix) Unless required by law, the special occasion event area does not add any new impervious surfaces to the land subject to the easement.

(3) An approval granted by the Foundation under this subsection to a landowner to use a portion of the land subject to an easement to hold special occasion events for commercial purposes automatically terminates on the sale or transfer of the land subject to the easement.

(e) Purchase of an easement by the Foundation does not grant the public any right of access or right of use of the subject property.

(f) An agricultural land preservation easement purchased under this subtitle shall be included as part of a partnership under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a if:

(1) The land that is subject to an easement is in the vicinity of, or ecologically related to, the Atlantic Test Range;

(2) The landowner whose land is subject to an easement agrees to any restrictions imposed on the easement under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a; and

(3) Funding is available to the Foundation to enter into an agreement under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a.
Md. Code, Tax - General § 2-1002 — MD Code / Article gtg / Title 2 / Subtitle 10 / Section 2-1002
§2–1002.
Status: in_force

The Comptroller shall pay refunds relating to the motor carrier tax from motor fuel tax revenue.
Md. Code, Tax - General § 2-116 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

§2–116. IN EFFECT

// EFFECTIVE UNTIL DECEMBER 31, 2030 PER CHAPTERS 110 AND 111 OF 2022 //

(a) In this section, “Program” means the Maryland Earned Income Tax Credit Assistance Program for Low–Income Families.

(b) (1) There is a Maryland Earned Income Tax Credit Assistance Program for Low–Income Families.

(2) The purpose of the Program is to:

(i) identify residents who are eligible to claim the credit under § 10–704 of this article but have failed to claim the credit; and

(ii) provide residents identified under item (i) of this paragraph with a streamlined mechanism to claim the credit under § 10–704 of this article.

(3) The Comptroller shall administer the Program.

(c) (1) This subsection applies to a taxable year beginning after December 31, 2024.

(2) Subject to subsection (d) of this section, the Comptroller shall provide, as part of the Program, a form to claim the credit under § 10–704 of this article to any resident:

(i) for whom the Comptroller has received federal income tax return information for a taxable year described in § 13–1104(c)(1) of this article;

(ii) whose wages were reported by the resident’s employer to the Comptroller for that taxable year;

(iii) who the Comptroller determines, based on all available data, may be eligible to claim the credit under § 10–704 of this article for that taxable year;

(iv) who failed to claim the credit under § 10–704 of this article for that taxable year; and

(v) who is authorized to request a refund under § 13–1104(c)(1) of this article.

(3) The Comptroller shall provide the form required under this subsection no later than 45 days before the expiration of the statute of limitations for claiming a refund under § 13–1104(c)(1) of this article.

(d) In processing the form to claim the credit under § 10–704 of this article, the Comptroller shall calculate the credit as though the resident elected to use the standard deduction under § 10–217 of this article to compute Maryland taxable income.

(e) (1) The Comptroller shall notify each resident identified under subsection (c)(2) of this section that the Program is a method of claiming the credit under § 10–704 of this article available to eligible residents.

(2) The notification required under paragraph (1) of this subsection shall include:

(i) a description of the Program;

(ii) an explanation of the resident’s eligibility for participation in the Program;

(iii) an explanation that the resident’s participation in the Program is optional but subject to the limitation under subsection (d) of this section;

(iv) an explanation that, notwithstanding the provisions of this section, the resident’s participation in the Program is subject to the provisions of this article relating to the filing of a tax return;

(v) the time by which the form must be completed and returned in order to claim the credit under § 10–704 of this article; and

(vi) a statement that the resident may be eligible for, in a succeeding taxable year:

1. the federal earned income credit under § 32 of the Internal Revenue Code; and

2. the credit under § 10–704 of this article.

(f) On request by a resident, a tax collector shall waive any penalties or interest on any assessment of tax due on the form provided to the resident under subsection (c)(2) of this section unless the tax collector reasonably believes the resident knew or should have known the tax was miscalculated.

(g) On or before December 31, 2025, and each December 31 thereafter through December 31, 2030, the Comptroller shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) the effectiveness of the Program in meeting the purpose specified in subsection (b)(2) of this section and recommendations for potential statutory or administrative changes to enhance participation in the Program;

(2) the number of claim forms provided to residents during the previous fiscal year;

(3) the number of claim forms filed by residents during the previous fiscal year;

(4) the number of refundable credits provided to residents during the previous fiscal year; and

(5) the total amount of refundable credits provided to residents during the previous fiscal year.

(h) The Comptroller shall adopt regulations to carry out this section.
Md. Code, Business Occupations and Professions § 2-603 — MD Code / Article gbo / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) Subject to subsection (b) of this section and unless authorized under this title to practice certified public accountancy, a person may not represent to the public, by use of a title, including “licensed certified public accountant”, “certified public accountant”, “public accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice certified public accountancy in the State.

(b) Subsection (a) of this section does not prohibit:

(1) the description of a principal, officer, or employee of an organization by the position, title, or office that the individual holds in the organization;

(2) the description of a licensee who is on emeritus status under § 2–313.1 of this title, provided that the licensee does not represent to the public that the licensee is authorized to practice certified public accountancy in the State; or

(3) a partnership, limited liability company, or corporation that holds a permit or is exempt from the permit requirement under § 2–401 of this title from using, in connection with the name of the partnership, limited liability company, or corporation, any of the terms or the abbreviation to which subsection (a) of this section refers.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the display, distribution, or other use by a person of the person’s name, in conjunction with any of the following list of titles or abbreviations in a card, sign, advertisement, directory listing, or other instrument or device, is, in any proceeding under this title, prima facie evidence that the person represents to the public that the person is authorized to practice certified public accountancy:

1. “licensed certified public accountant”;

2. “certified public accountant”;

3. “public accountant”;

4. “auditor”; or

5. an abbreviation of any of these titles.

(ii) A licensee who is on emeritus status under § 2–313.1 of this title may use the words “certified public accountant emeritus” or the abbreviation “CPA emeritus” to describe the occupation of the individual, provided that the licensee does not represent to the public that the licensee is authorized to practice certified public accountancy in the State.

(2) In a proceeding under this title, evidence of a single representation described in paragraph (1) of this subsection is, without evidence of a general course of conduct, adequate to justify a finding that a person has represented to the public that the person is authorized to practice certified public accountancy in the State.
Md. Code, Alcoholic Beverages and Cannabis § 2-146 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-146
§2–146.
Status: in_force

(a) A direct wine shipper’s permit entitles the holder to sell wine manufactured by the holder through a holder of a common carrier permit to a consumer by receiving and filling orders that the consumer transmits by electronic or other means.

(b) A direct wine delivery permit entitles the holder to sell and deliver wine manufactured by the holder directly to a consumer in the State by receiving and filling orders that the consumer transmits by electronic or other means.
Md. Code, Commercial Law § 2A-205 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-205
§2A–205.
Status: in_force

An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Md. Code, Public Utilities § 2-102 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The Commission consists of five commissioners, appointed by the Governor with the advice and consent of the Senate.

(b) (1) Each commissioner shall be a registered voter of the State.

(2) The Commission shall be:

(i) broadly representative of the geographic and demographic diversity of the State and of the public; and

(ii) composed of individuals with diverse training and experience.

(c) Each commissioner shall devote full time to the duties of office.

(d) (1) The term of a commissioner is 5 years and begins on July 1.

(2) The terms of commissioners are staggered as required by the terms in effect for commissioners on July 1, 2006.

(3) At the end of a term, a commissioner continues to serve until a successor qualifies.

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

(e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) The Governor may remove a commissioner for incompetence or misconduct in accordance with § 3-307 of the State Government Article.
Md. Code, Criminal Procedure § 2-509 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-509
§2–509.
Status: in_force

A person may bring a civil action against a law enforcement agency to compel compliance with this subtitle.
Md. Code, Agriculture § 2-1801 — MD Code / Article gag / Title 2 / Subtitle 18 / Section 2-1801
§2–1801.
Status: in_force

(a) In this section, “neonicotinoid pesticide” has the meaning stated in § 5–2A–01 of this article.

(b) (1) On or before July 1, 2017, subject to paragraph (2) of this subsection, the Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration, in consultation with the Department, each shall establish a pollinator habitat plan.

(2) A pollinator habitat plan required under this subsection:

(i) Shall include best management practices for the designation, maintenance, creation, enhancement, and restoration of pollinator habitat areas;

(ii) Shall be as protective of pollinators as the Department’s managed pollinator protection plan;

(iii) May not require an action on land that is inconsistent with any federal, State, or local law, regulation, rule, or guidance that applies to the land;

(iv) May not require the creation of pollinator habitat on productive farmland; and

(v) Except as provided in paragraph (3) of this subsection, may not allow the use of the following pesticides, seeds, or plants in an area designated or created as a pollinator habitat area in accordance with a pollinator habitat plan:

1. Neonicotinoid pesticides;

2. Pesticides labeled as toxic to bees or other pollinators; or

3. Seeds or plants treated with a neonicotinoid pesticide.

(3) (i) Pesticides labeled as toxic to bees or other pollinators that are not neonicotinoid pesticides may be used in an area designated or created as a pollinator habitat area under a pollinator habitat plan if the Secretary of Health determines that the use is necessary to respond to a specific instance of threat to public health.

(ii) A pollinator habitat plan required under this subsection may not restrict a farmer, or a person working under the supervision of a farmer, from using the pesticides, seeds, or plants specified under paragraph (2)(v) of this subsection for agricultural purposes, including:

1. Crop production;

2. Livestock;

3. Poultry;

4. Equine; and

5. Noncrop agricultural fields.

(c) (1) (i) In addition to the requirements under subsection (b) of this section, the State Highway Administration’s pollinator habitat plan shall include policies and procedures:

1. To encourage the use of pollinator–friendly native plants along State highways;

2. To develop and maintain pollinator habitat areas along State highways, to the extent reasonable and feasible and in accordance with relevant safety standards for drivers, bicyclists, and pedestrians; and

3. For educating and communicating with the public about pollinator habitat areas along State highways.

(ii) In developing the policies and procedures required under subparagraph (i) of this paragraph, the State Highway Administration shall consider the Federal Highway Administration’s publication on Roadside Best Management Practices that Benefit Pollinators.

(iii) The policies and procedures for educating and communicating with the public under item (i)3 of this paragraph may include:

1. Placing and maintaining, in accordance with any applicable provisions in Title 8, Subtitle 7 of the Transportation Article, of informational signs along State highways;

2. Publishing information on the website of the State Highway Administration and associated social media platforms; and

3. Outreach to community associations and elected officials.

(2) The State Highway Administration shall:

(i) Track and evaluate federal programs that provide funding for pollinator habitats, native plants, and invasive species control, including funding under the federal Infrastructure Investment and Jobs Act of 2021; and

(ii) Apply for any funding that the Administration determines appropriate and beneficial to pollinator habitats in the State.

(d) (1) The Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration each shall:

(i) On or before September 1, 2017, make available to the public on its website the pollinator habitat plan established in accordance with subsection (b) of this section; and

(ii) On or before July 1, 2018, implement the pollinator habitat plan established in accordance with subsection (b) of this section.

(2) On or before October 1, 2024, and each October 1 thereafter, the State Highway Administration shall update the pollinator habitat plan published on its website to include:

(i) Current policies and procedures adopted in accordance with subsection (c) of this section; and

(ii) A list of the location and approximate size of current pollinator habitat areas maintained by the Administration.
Md. Code, Financial Institutions § 2-104.1 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-104.1
§2–104.
Status: in_force

§2–104.1.

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

(2) “Servicing” means:

(i) Receiving scheduled periodic payments from a student loan borrower according to the terms of a student education loan;

(ii) Applying the payments according to the student education loan terms; and

(iii) Performing other administrative services.

(3) “Student education loan” means any loan, notwithstanding any election of law or designation of status in any contract, used for financing postsecondary education or other postsecondary school–related expenses.

(4) “Student loan borrower” means:

(i) A resident of the State who has received or agreed to pay a student education loan; or

(ii) A resident who shares repayment responsibility with a resident described under item (i) of this paragraph.

(5) “Student Loan Ombudsman” means an individual, whether a paid employee or a volunteer, whom the Commissioner designates to serve as a liaison between student loan borrowers and student loan servicers.

(6) (i) “Student loan servicer” means a person, regardless of location, responsible for servicing a student education loan to a student loan borrower.

(ii) “Student loan servicer” includes a trust entity performing or receiving the benefit of student education loan servicing.

(b) (1) The Commissioner shall designate an individual to serve as the Student Loan Ombudsman.

(2) (i) Each student loan servicer in the State shall designate an individual to represent the student loan servicer in communications with the Student Loan Ombudsman.

(ii) A student loan servicer shall provide the Student Loan Ombudsman the name, telephone number, and e–mail address of the designee required under subparagraph (i) of this paragraph.

(c) The Student Loan Ombudsman, in consultation with the Commissioner, shall receive and process complaints about student education loan servicing, including:

(1) Receiving and reviewing complaints from student loan borrowers;

(2) Attempting to resolve complaints received under item (1) of this subsection, including by collaborating with institutions of higher education, student loan servicers, and any other participants in student loan lending, such as the Board of Regents of the University System of Maryland and the Maryland Higher Education Commission; and

(3) Compiling and analyzing complaint data.

(d) The Student Loan Ombudsman may refer any matter that is abusive, unfair, deceptive, or fraudulent to the Office of the Attorney General for civil enforcement or criminal prosecution.

(e) The Student Loan Ombudsman, in consultation with the Commissioner, shall disseminate information about student education loans and servicing by:

(1) Helping student loan borrowers understand their rights and responsibilities under the terms of student education loans;

(2) Providing information to the public, State agencies, elected officials, and other individuals regarding student loan borrower problems and concerns;

(3) Disseminating information about the availability of the Student Loan Ombudsman to assist those with student education loan servicing concerns, including disseminating the information to:

(i) Student loan borrowers;

(ii) Potential student loan borrowers;

(iii) State higher education institutions; and

(iv) Student loan servicers; and

(4) Developing and disseminating information to increase awareness of and participation in the federal Public Service Loan Forgiveness Program in accordance with § 3–1804 of the Labor and Employment Article.

(f) (1) The Student Loan Ombudsman shall:

(i) Analyze and monitor the development and implementation of federal, State, and local laws, regulations, and policies on student loan borrowers;

(ii) Disclose the complaint data it compiles and analyzes under subsection (c) of this section, including:

1. Noting any trends in the data; and

2. Identifying the names of student loan servicers engaging in any abusive, unfair, deceptive, or fraudulent practices; and

(iii) Make recommendations regarding:

1. Statutory and regulatory methods to resolve student loan borrower problems and concerns; and

2. Necessary changes to State law to ensure that the student education loan servicing industry is fair, transparent, and equitable, including whether the State should require licensing or registration of student loan servicers.

(2) On or before January 1 each year, the Student Loan Ombudsman shall report its findings and recommendations to the General Assembly in accordance with § 2–1257 of the State Government Article.

(g) (1) On or before October 1, 2019, the Student Loan Ombudsman, in consultation with the Commissioner, shall establish a student loan borrower education course.

(2) The course shall:

(i) Include educational presentations and material about student education loans; and

(ii) Review the following:

1. Common student education loan terms;

2. Documentation requirements for student education loan applications;

3. Monthly payment obligations for student education loans;

4. Income–based repayment options for student education loans;

5. Student education loan forgiveness programs; and

6. Student education loan disclosure requirements.

(h) The Student Loan Ombudsman may refer any complaint from student loan borrowers to the Commissioner for investigation under § 26–604 of the Education Article.
Md. Code, Business Occupations and Professions § 2-414 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-414
§2–414.
Status: in_force

(a) Subject to the provisions of this section, the Board may reinstate:

(1) any permit that has been revoked; or

(2) before fulfillment of the conditions of the suspension, any permit that has been suspended.

(b) A permit may be reinstated under this section only if:

(1) the partnership, limited liability company, or corporation whose permit has been revoked or suspended submits a written request to the Board;

(2) the Board holds a hearing on the request;

(3) the Board, by an affirmative vote of a majority of its members, votes to reinstate the permit; and

(4) the partnership, limited liability company, or corporation pays to the Board a reinstatement fee set by the Board.
Md. Code, Natural Resources § 2-404 — MD Code / Article gnr / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

A person may not move, remove, break, mutilate, deface, destroy, or otherwise injure any monument marking any boundary between the State and any adjacent state, commonwealth, or district. Any person who possesses any monument previously placed, or prepared to be placed, on any State boundary, upon demand by the Survey, shall surrender and deliver the monument to the Survey.
Md. Code, Tax - General § 2-115 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-115
§2–115.
Status: in_force

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

(2) “Advisory Workgroup” has the meaning stated in § 31–201 of the Insurance Article.

(3) “Affordable Care Act” has the meaning stated in § 1–101 of the Insurance Article.

(4) “Exchange” has the meaning stated in § 31–101 of the Insurance Article.

(5) “Insurance affordability program” has the meaning stated in § 31–201 of the Insurance Article.

(6) “Insurance–relevant information” means information about an uninsured individual that is needed for the Exchange to:

(i) identify the uninsured individual, including when matching data available from third–party data sources;

(ii) facilitate the determination of the uninsured individual’s eligibility for an insurance affordability program; or

(iii) facilitate enrollment by the uninsured individual in a plan with minimum essential coverage.

(7) “Minimum essential coverage” has the meaning stated in § 31–101 of the Insurance Article.

(8) “Premium tax credits” means the tax credits described in § 36B of the Internal Revenue Code.

(9) “Program” means the Maryland Easy Enrollment Health Insurance Program established under § 31–202 of the Insurance Article.

(10) “Qualified health plan” means a health benefit plan that has been certified by the Exchange to meet the criteria for certification described in § 1311(c) of the Affordable Care Act and § 31–115 of the Insurance Article.

(11) “Uninsured individual” has the meaning stated in § 31–201 of the Insurance Article.

(b) (1) The Comptroller shall include on the individual income tax return form a checkoff for indicating whether the individual, or each spouse in the case of a joint return, and any individual claimed as a dependent on the tax return is an uninsured individual at the time the tax return is filed.

(2) If a State income tax return indicates that an individual is an uninsured individual at the time the tax return is filed, the tax return shall be required to include the following information as to each uninsured individual:

(i) the age of each uninsured individual;

(ii) election by the individual filing the tax return of one of the two checkoff boxes described in subsection (c) of this section; and

(iii) if the individual who files a tax return chooses the checkoff box described in subsection (c)(3) of this section, any information determined by the Exchange as essential to determining eligibility for insurance affordability programs, if the information:

1. is not available from a reliable third–party data source;

2. is not otherwise required to be provided on the return; and

3. does not pertain to citizenship or immigration status.

(3) For an individual who files a tax return and chooses the checkoff box described in subsection (c)(3) of this section, the return shall give the individual who filed the tax return the option to indicate the uninsured individual’s preferred method for the Exchange to contact the individual who filed the tax return or the uninsured individual to facilitate either determination of eligibility for insurance affordability programs or enrollment in health coverage.

(c) (1) In accordance with this subsection, the Comptroller shall include with the income tax return form a separate form that is required only for individuals who file a tax return indicating that an individual is an uninsured individual at the time the tax return is filed.

(2) The separate form shall include two checkoff boxes as described in paragraphs (3) and (4) of this subsection and the information described in subsection (b)(2) and (3) of this section.

(3) One checkoff box shall give an individual who files a tax return the choice to have the Exchange:

(i) based on information in the individual’s tax return, determine the uninsured individual’s eligibility for insurance affordability programs; and

(ii) obtain additional data that may be relevant to determine the uninsured individual’s eligibility for insurance affordability programs.

(4) One checkoff box shall allow an individual who files a tax return the choice to not have the Exchange make the determination described in paragraph (3) of this subsection.

(5) The Comptroller, in consultation with the Exchange and with the advice of the Advisory Workgroup, shall:

(i) develop language for the checkoff boxes described in paragraphs (3) and (4) of this subsection;

(ii) develop language for the instructions for the State income tax return that includes a description of the effects of choosing the checkoff boxes described in paragraphs (3) and (4) of this subsection, including the purposes for which the information disclosed under this section may be used; and

(iii) ensure that the language developed under item (i) of this paragraph is as simple, clear, and easy to understand as possible.

(6) If an individual who files a tax return makes the election described in paragraph (3) of this subsection, notwithstanding the prohibition under § 13–202 of this article, the Comptroller shall convey to the Exchange all insurance–relevant information contained on the return.

(d) (1) Except as provided in paragraph (2) of this subsection, this section shall apply to returns filed for taxable years beginning after December 31, 2018.

(2) If the Comptroller determines, after consultation with the Exchange, that the implementation of this section is not administratively feasible for taxable years beginning after December 31, 2018, the Comptroller may delay implementation of this section to taxable years beginning after December 31, 2019.
Md. Code, Estates and Trusts § 2-207 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) (1) Every register shall return annually to the Comptroller a full and accurate account of the fees and receipts of the register’s office and of the expenses incident to the proper conduct of the register’s office.

(2) The account shall be verified and in the form and supported by the proof prescribed by the Comptroller.

(b) The excess of fees and receipts over expenses shall be delivered by the register to the Comptroller with each report.

(c) The Comptroller shall deposit the fees received under this section in the General Fund of the State.
Md. Code, Agriculture § 2-1605 — MD Code / Article gag / Title 2 / Subtitle 16 / Section 2-1605
§2–1605.
Status: in_force

§2–1605. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //

The Department may adopt regulations to implement this subtitle.
Md. Code, Election Law § 2-105 — MD Code / Article gel / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

In any judicial proceeding in which a local board is a party, the State Board:

(1) immediately after the action has been filed, shall be provided by the local board with a copy of the complaint or other pleading that initiated the proceeding; and

(2) may join as a party to the proceeding.
Md. Code, Public Safety § 2-405 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-405
§2–405.
Status: in_force

(a) (1) The Secretary shall develop a pay plan for police employees, State Police communications operators, and State Police communications supervisors that includes the ranks and the grades within ranks that the Secretary considers appropriate.

(2) The pay plan under this subsection:

(i) is subject to approval by the Secretary of Budget and Management; and

(ii) is effective on approval by the Governor only to the extent that sufficient money is included in the State budget.

(b) Each police employee, State Police communications operator, and State Police communications supervisor is entitled to receive the pay rate, including any increment based on length of service, set forth in the pay plan established under subsection (a) of this section.

(c) (1) Each police employee is entitled to the pay rate for the next highest step within the police employee’s rank on:

(i) each July 1, if the police employee was a police employee on July 1, 1967; or

(ii) each anniversary of the date of employment, for all other police employees.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, on promotion a police employee or a deputy State fire marshal is entitled to the pay specified for the new rank in the same step that the police employee or deputy State fire marshal occupied before promotion.

(ii) If the step that the police employee or deputy State fire marshal occupied before promotion is higher than that held by a police employee or deputy State fire marshal who is already in the rank and has equal or higher total service time, on promotion the police employee or deputy State fire marshal is entitled only to the pay specified for the new rank in the next lower step than the police employee or deputy State fire marshal occupied before promotion.
Md. Code, Alcoholic Beverages and Cannabis § 2-117 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-117
§2–117.
Status: in_force

(a) There is a public storage permit.

(b) The permit authorizes the holder to operate a warehouse to store alcoholic beverages for the accounts of other persons.

(c) The permit fee is $75.