Md. Code, Labor and Employment § 3-914 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-914
§3–914.
Status: in_force

(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:

(1) the name, address, occupation, and classification of each employee or independent contractor;

(2) the rate of pay of each employee or method of payment for the independent contractor;

(3) the amount that is paid each pay period to each employee or, if applicable, independent contractor;

(4) the hours that each employee or independent contractor works each day and each workweek;

(5) for all individuals who are not classified as employees, evidence that each individual is an exempt person or an independent contractor or its employee; and

(6) other information that the Commissioner requires, by regulation, as necessary to enforce this subtitle.

(b) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of the classification of the individual at the time the individual is hired.

(c) The written notice shall:

(1) include an explanation of the implications of the individual’s classification as an independent contractor or exempt person rather than as an employee; and

(2) be provided in English and Spanish.

(d) The Commissioner shall adopt regulations establishing the specific requirements for the contents and form of the notice.

(e) If an employer fails to provide notice under subsection (b) of this section, the Commissioner may assess a civil penalty of not more than $50 for each day that the employer fails to provide notice.
Md. Code, Corporations and Associations § 3-710 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-710
§3–710.
Status: in_force

This subtitle may be cited as the Maryland Control Share Acquisition Act.
Md. Code, Land Use § 3-206 — MD Code / Article glu / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) (1) When developing a municipal growth element of the comprehensive plan, a municipal corporation shall consult with the counties in which the municipal corporation is located.

(2) A municipal corporation shall provide a copy of a municipal growth element to the counties in which the municipal corporation is located before approval of the element.

(b) (1) The municipal corporation shall accept comments from the counties for 30 days after providing a copy of the municipal growth element to the counties in which the municipal corporation is located.

(2) Within 30 days following the close of the comment period under paragraph (1) of this subsection, the counties and the municipal corporation shall meet and confer regarding the municipal growth element.

(3) On request of either party, the county and the municipal corporation shall employ an appropriate mediation and conflict resolution service to facilitate the meeting and conferral under this subsection.

(c) (1) A municipal corporation and the counties in which the municipal corporation is located may enter into a joint planning agreement in order to coordinate implementation of a municipal growth element.

(2) A joint planning agreement shall consider the municipal growth element required under Subtitle 1 of this title.
Md. Code, Natural Resources § 3-2A-12 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-12
§3–2A–12.
Status: in_force

(a) A person may not knowingly make or cause to be made any false statement or report, including any understatement or overstatement of financial condition for a new grant or affecting a grant already made under this subtitle:

(1) In any application or in any document furnished to the Trust; or

(2) For the purpose of influencing the action of the Trust on an application for financial assistance or for the purpose of influencing any action of the Trust affecting financial assistance whether or not such assistance may have already been extended.

(b) Any person or any aider or abettor, who violates any provision of this subtitle, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment in the penitentiary not exceeding 5 years or both.
Md. Code, Business Occupations and Professions § 3-601 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice architecture in the State unless licensed by the Board.
Md. Code, State Government § 3-208 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

(a) In each budget bill for a fiscal year in which the term of a Governor expires, the Governor shall include an appropriation, to the Secretary of General Services, of the money needed to carry out the purpose of this subtitle.

(b) The appropriation under this section may not be more than $50,000.

(c) If the Governor-elect is the incumbent Governor, the appropriation under this section shall revert to the General Fund of the State.
Md. Code, Financial Institutions § 3-512 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-512
§3–512.
Status: in_force

(a) Except as otherwise provided in this section, a trust company may not:

(1) Invest its own funds in a common trust fund that it administers; or

(2) Have any interest, other than its fiduciary interest, in the assets in a common trust fund that it administers.

(b) If, because of a creditor relationship or otherwise, a trust company acquires an interest in a participation in a common trust fund that it administers, the participation shall be withdrawn on the next valuation date allowed by the fund plan.

(c) A trust company does not have a prohibited interest in the assets of a common trust fund that it administers merely because the trust company owns in its own right any stocks, bonds, or other obligations issued by a person from whom the fund also holds stocks, bonds, or other obligations.
Md. Code, Courts and Judicial Proceedings § 3-816.3 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-816.3
§3–816.
Status: in_force

§3–816.3.

(a) In this section, “preadoptive parent” means an individual whom a child placement agency, as defined in § 5–101 of the Family Law Article, approves to adopt a child who has been placed in the individual’s home for adoption before the order of adoption.

(b) Unless waived for good cause, before any proceeding concerning a child, the local department shall give at least 10 days’ notice in writing to the child’s foster parent, preadoptive parent, or caregiver of the date, time, and place of the proceeding and of the right to be heard at the proceeding.

(c) The foster parent, preadoptive parent, caregiver, or an attorney for the foster parent, preadoptive parent, or caregiver shall be given the right to be heard at the proceeding.

(d) The foster parent, preadoptive parent, caregiver, or attorney may not be considered to be a party solely on the basis of the right to notice and the right to be heard provided under this section.
Md. Code, Courts and Judicial Proceedings § 3-1805 — MD Code / Article gcj / Title 3 / Subtitle 18 / Section 3-1805
§3–1805.
Status: in_force

Mediation communications that are confidential under this subtitle are not subject to discovery, but information that is otherwise admissible or subject to discovery does not become inadmissible or protected from disclosure solely by reason of its use in mediation.
Md. Code, Courts and Judicial Proceedings § 3-829 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-829
§3–829.
Status: in_force

A governing body of a county may create a juvenile court committee to serve as an advisory body to the court for the county and shall determine the composition and members of the committee.
Md. Code, Natural Resources § 3-114 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

Except as may otherwise be expressly provided by the Service, every issue of its bonds or notes shall be general obligations of the Service payable out of any revenues or other money of the Service subject only to any agreements with the holders of particular bonds or notes pledging any particular receipts or revenues.
Md. Code, General Provisions § 3-203 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

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

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

(c) A member of the Board:

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

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

(d) The Office of the Attorney General shall provide staff for the Board.
Md. Code, Labor and Employment § 3-507.2 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-507.2
§3–507.
Status: in_force

§3–507.2.

(a) Notwithstanding any remedy available under § 3–507 of this subtitle, if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this subtitle, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages.

(b) If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.

(c) (1) In this subsection, “construction services” has the meaning stated in § 3–901 of this title.

(2) In an action brought under subsection (a) of this section, a general contractor on a project for construction services is jointly and severally liable for a violation of this subtitle that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the general contractor.

(3) A subcontractor shall indemnify a general contractor for any wages, damages, interest, penalties, or attorney’s fees owed as a result of the subcontractor’s violation unless:

(i) indemnification is provided for in a contract between the general contractor and the subcontractor; or

(ii) a violation of the subtitle arose due to a lack of prompt payment in accordance with the terms of the contract between the general contractor and the subcontractor.
Md. Code, Human Services § 3-101 — MD Code / Article ghu / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Department” means the Department of Human Services.

(c) (1) “Local board” means the board of social services in a county.

(2) “Local board” includes the commission of social services in Baltimore City.

(d) “Local department” means:

(1) a local department of social services created or continued in a county under § 3–201 of this title; or

(2) in Montgomery County, the Montgomery County government.

(e) “Local director” means the director of a local department.

(f) “Local governing authority” means:

(1) in references to executive authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the highest executive authority of a county that has a charter form of government; or

(iii) the Mayor of Baltimore City;

(2) in references to purely legislative authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the county council of a county that has a charter form of government; or

(iii) the City Council of Baltimore City; or

(3) in references to combined executive and legislative authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the county council and the highest executive authority of a county that has a charter form of government; or

(iii) the Mayor and City Council of Baltimore City.

(g) “Secretary” means the Secretary of Human Services.
Md. Code, Family Law § 3-104 — MD Code / Article gfl / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) A contract for payment or settlement of a claim abolished or prohibited by this title is void and unenforceable.

(b) A holder in due course may enforce a negotiable instrument for payment or settlement of a claim prohibited by this title.
Md. Code, Labor and Employment § 3-1201 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1201
§3–1201.
Status: in_force

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

(b) (1) “Eligible employee” means an individual who has requested that an employer provide parental leave and who, as of the date that the requested parental leave begins, will have been employed by that employer for at least:

(i) a 12–month period; and

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

(2) “Eligible employee” does not include an individual:

(i) who is employed at a work site at which the employer employs fewer than 15 employees if the total number of employees employed by that employer within 75 miles of the work site is also fewer than 15; or

(ii) who is an independent contractor.

(c) (1) “Employer” means a person who:

(i) employs at least 15 but not more than 49 individuals in the State for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; and

(ii) is not covered under the federal Family and Medical Leave Act for the current calendar year.

(2) “Employer” includes:

(i) a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer; and

(ii) a successor in interest of an employer.

(d) (1) “Employment benefits” means benefits provided or made available to an employee by an employer.

(2) “Employment benefits” includes group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions.

(e) “Parental leave” means leave described in § 3–1202 of this subtitle.
Md. Code, Correctional Services § 3-205 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) The Commissioner may adopt regulations for the operation and maintenance of the units in the Division.

(b) The regulations shall provide for:

(1) the discipline and conduct of incarcerated individuals, including the character of punishments for violations of discipline; and

(2) the duties, discipline, and conduct of officers and other employees of the units in the Division.

(c) The regulations may allow incarcerated individuals of minimum security institutions to provide services voluntarily to:

(1) governmental units; or

(2) charitable organizations as defined in § 6–101 of the Business Regulation Article.
Md. Code, Public Safety § 3-107 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) (1) Pending an investigatory, administrative charging committee, and trial board process, the chief may impose an emergency suspension with or without pay if the chief determines that such a suspension is in the best interest of the public.

(2) An emergency suspension without pay under this subsection may not exceed 30 days.

(3) A police officer who is suspended without pay under this subsection is entitled to receive back pay if an administrative charging committee determines not to administratively charge the police officer in connection with the matter on which the suspension is based.

(b) (1) A chief or a chief’s designee may suspend a police officer without pay and suspend the police officer’s police powers on an emergency basis if the police officer is charged with:

(i) a disqualifying crime, as defined in § 5–101 of this article;

(ii) a misdemeanor committed in the performance of duties as a police officer; or

(iii) a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.

(2) A police officer who was suspended without pay under this subsection is entitled to receive back pay if the criminal charge or charges against the police officer result in:

(i) a finding of not guilty;

(ii) an acquittal;

(iii) a dismissal; or

(iv) a nolle prosequi.

(c) (1) The chief shall terminate the employment of a police officer who is convicted of a felony.

(2) The chief may terminate the employment of a police officer who:

(i) receives a probation before judgment for a felony; or

(ii) is convicted of:

1. a misdemeanor committed in the performance of duties as a police officer;

2. misdemeanor second degree assault; or

3. a misdemeanor involving dishonesty, fraud, theft, or misrepresentation.

(d) (1) In connection with a disciplinary matter under this subtitle, a police officer may be required to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.

(2) If a police officer is required to submit to a test, examination, or interrogation under paragraph (1) of this subsection and the police officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.

(3) (i) If a police officer is required to submit to a test, examination, or interrogation under paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the police officer.

(ii) If a police officer is required to submit to a polygraph examination under paragraph (1) of this subsection, the results of the polygraph examination are not admissible or discoverable in a criminal or civil proceeding against the police officer.
Md. Code, Courts and Judicial Proceedings § 3-1202 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1202
§3–1202.
Status: in_force

A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement by a paid fire department if the motor carrier:

(1) Transports a hazardous material in commerce on a highway in the State; and

(2) Is at fault and causes a traffic accident in the State that results in:

(i) A spill or discharge of hazardous materials; and

(ii) An emergency response, containment, cleanup, and abatement by the paid fire department.
Md. Code, General Provisions § 3-306 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) This section does not:

(1) require any change in the form or content of the Journal of the Senate of Maryland or Journal of the House of Delegates of Maryland; or

(2) limit the matters that a public body may include in its minutes.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, as soon as practicable after a public body meets, it shall have minutes of its session prepared.

(2) A public body need not prepare minutes of an open session if:

(i) live and archived video or audio streaming of the open session is available; or

(ii) the public body votes on legislation and the individual votes taken by each member of the public body who participates in the voting are posted promptly on the Internet.

(3) The information specified under paragraph (2) of this subsection shall be deemed the minutes of the open session.

(c) (1) The minutes shall reflect:

(i) each item that the public body considered;

(ii) the action that the public body took on each item; and

(iii) each vote that was recorded.

(2) If a public body meets in closed session, the minutes for its next open session shall include:

(i) a statement of the time, place, and purpose of the closed session;

(ii) a record of the vote of each member as to closing the session;

(iii) a citation of the authority under § 3–305 of this subtitle for closing the session; and

(iv) a listing of the topics of discussion, persons present, and each action taken during the session.

(3) (i) A session may be recorded by a public body.

(ii) Except as otherwise provided in paragraph (4) of this subsection, the minutes and any recording of a closed session shall be sealed and may not be open to public inspection.

(4) The minutes and any recording shall be unsealed and open to inspection as follows:

(i) for a meeting closed under § 3–305(b)(5) of this subtitle, when the public body invests the funds;

(ii) for a meeting closed under § 3–305(b)(6) of this subtitle, when the public securities being discussed have been marketed; or

(iii) on request of a person or on the public body’s own initiative, if a majority of the members of the public body present and voting vote in favor of unsealing the minutes and any recording.

(d) Except as provided in subsection (c) of this section, minutes of a public body are public records and shall be open to public inspection during ordinary business hours.

(e) (1) A public body shall keep a copy of the minutes of each session and any recording made under subsection (b)(2)(i) or (c)(3)(i) of this section for at least 5 years after the date of the session.

(2) To the extent practicable, a public body shall post online the minutes or recordings required to be kept under paragraph (1) of this subsection.
Md. Code, General Provisions § 3-401 — MD Code / Article ggp / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) (1) This section does not apply to the action of:

(i) appropriating public funds;

(ii) imposing a tax; or

(iii) providing for the issuance of bonds, notes, or other evidences of public obligation.

(2) This section does not authorize a court to void an action of a public body because of any violation of this title by another public body.

(3) This section does not affect or prevent the use of any other available remedies.

(b) (1) If a public body fails to comply with § 3–301, § 3–302, § 3–303, § 3–305, or § 3–306(c) of this title, any person may file with a circuit court that has venue a petition that asks the court to:

(i) determine the applicability of those sections;

(ii) require the public body to comply with those sections; or

(iii) void the action of the public body.

(2) If a violation of § 3–302, § 3–305, or § 3–306(c) of this title is alleged, the person shall file the petition within 45 days after the date of the alleged violation.

(3) If a violation of § 3–301 or § 3–303 of this title is alleged, the person shall file the petition within 45 days after the public body includes in the minutes of an open session the information specified in § 3–306(c)(2) of this title.

(4) If a written complaint is filed with the Board in accordance with § 3–205 of this title, the time between the filing of the complaint and the mailing of the written opinion to the complainant and the affected public body under § 3–207(d) of this title may not be included in determining whether a claim against a public body is barred by the statute of limitations set forth in paragraphs (2) and (3) of this subsection.

(c) In an action under this section:

(1) it is presumed that the public body did not violate any provision of this title; and

(2) the complainant has the burden of proving the violation.

(d) A court may:

(1) consolidate a proceeding under this section with another proceeding under this section or an appeal from the action of the public body;

(2) issue an injunction;

(3) determine the applicability of this title to the discussions or decisions of public bodies;

(4) declare the final action of a public body void if the court finds that the public body willfully failed to comply with § 3–301, § 3–302, § 3–303, or § 3–306(c) of this title and that no other remedy is adequate;

(5) as part of its judgment:

(i) assess against any party reasonable counsel fees and other litigation expenses that the party who prevails in the action incurred; and

(ii) require a reasonable bond to ensure the payment of the assessment; and

(6) grant any other appropriate relief.

(e) (1) A person may file a petition under this section without seeking an opinion from the Board.

(2) The failure of a person to file a complaint with the Board is not a ground for the court to stay or dismiss a petition.
Md. Code, Insurance § 3-318 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-318
§3–318.
Status: in_force

(a) The Commissioner may not approve an insurer as a surplus lines insurer unless the insurer:

(1) is authorized in its domiciliary jurisdiction to write the type of insurance it seeks to write;

(2) has capital and surplus, or their equivalent under the laws of its domiciliary jurisdiction, equal to the greater of:

(i) the minimum capital and surplus required under the laws of its domiciliary jurisdiction; and

(ii) $15,000,000; and

(3) files with the Commissioner:

(i) a written request for approval as a surplus lines insurer to write the type of insurance the insurer seeks to write;

(ii) a certified copy of the insurer’s annual statement, on convention form, that shows the amount by line of surplus lines business written on risks located in the State during the period covered by the annual statement; and

(iii) a certificate of compliance issued by the insurance department of the insurer’s state of domicile.

(b) (1) For a foreign insurer, the requirements of subsection (a)(2) of this section may be satisfied by the insurer’s possessing less than the minimum capital and surplus if the Commissioner makes an affirmative finding of acceptability.

(2) The finding shall be based on the following or similar factors:

(i) quality of management;

(ii) capital and surplus of any parent company;

(iii) company underwriting profit and investment income trends;

(iv) market availability; and

(v) company record and reputation of the foreign insurer in the industry.

(3) The Commissioner may not make an affirmative finding of acceptability if the foreign insurer’s capital and surplus is less than $4,500,000.

(c) A surplus lines insurer’s approval expires on June 30 each year unless the approval is renewed as provided in this section.

(d) (1) Before an approval expires, an insurer may renew the approval for a 1–year term if the insurer:

(i) files with the Commissioner, in accordance with the procedures established by the Commissioner, an application for renewal of approval as a surplus lines insurer;

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

(iii) submits to the Commissioner any additional information or documentation that the Commissioner requires, including any information or documentation necessary to determine whether the insurer meets the requirements of subsections (a) and (b) of this section.

(2) The application for renewal of approval as a surplus lines insurer shall be signed by an officer of the insurer certifying that, to the best knowledge and belief of the officer, the insurer is in compliance with all statutes and regulations of the insurer’s domiciliary jurisdiction.

(e) An unauthorized insurer shall appoint in writing the Commissioner as agent for the acceptance of service of process.
Md. Code, Natural Resources § 3-3A-03 — MD Code / Article gnr / Title 3 / Subtitle 3A / Section 3-3A-03
§3–3A–03.
Status: in_force

(a) The departments shall design and operate a comprehensive research and monitoring program through:

(1) New studies on issues affecting the State;

(2) Application of the results from ongoing and completed projects sponsored by the State; and

(3) The results of research conducted by the National Acid Precipitation Assessment Program and other programs funded by the federal and state governments or private institutions.

(b) The comprehensive research and monitoring program shall:

(1) Determine the relative contributions, if any, to acid deposition in the State of various sources of acid deposition precursor emissions;

(2) Determine if acid deposition varies significantly from 1 geographic region of the State to another and identify the relative contribution of various sources of precursor emissions responsible for this variability;

(3) Expand and improve impact databases through the compilation of existing data on precipitation and surface water chemistry, improved quality control, and standardization of sampling and analytical techniques;

(4) Identify regions, localized areas, or specific ecosystems of the State especially sensitive to acid deposition;

(5) Assess the consequence of the environmental impacts of acid deposition on resources such as surface water, groundwater, crops, forests, fisheries, and structures;

(6) Identify and evaluate the technological effectiveness, if any, and economic cost of technologies and noncontrol mitigative techniques that are feasible for use in the State to control acid deposition precursor emissions or to mitigate the impact of acid deposition;

(7) Identify and monitor activities of the federal government and private industry towards development of innovative technologies for cleaner coal combustion that are feasible for possible use in the State to reduce acid deposition precursor emissions from facilities in the State;

(8) Document and apply all current federal, State, and other monitoring and research results related to acid deposition relevant to the State to insure that State activities are coordinated to prevent unnecessary duplication and waste of financial and technical resources;

(9) Evaluate issues concerning implementation that may arise due to federal acid deposition control legislation, including:

(i) The examination of the regulatory authority of the Commission and the Department of the Environment to implement a federally enacted emissions control program; and

(ii) The identification and analysis of issues such as nitrogen oxide controls, cost sharing, emissions trading, and costs of controls that may be applied to the industrial, mobile, and residential sectors versus the utility sector;

(10) Initiate research and monitoring projects that are found to be necessary to augment information related to the sources and impacts of acid deposition affecting the State; and

(11) Examine the possible contribution to the control and reduction of acid deposition through energy management, enhanced conservation activities by electric utilities, and development of alternative sources of energy.
Md. Code, Education § 3-1101 — MD Code / Article ged / Title 3 / Subtitle 11 / Section 3-1101
§3–1101.
Status: in_force

(a) The St. Mary’s Board consists of:

(1) Five voting members; and

(2) One student member.

(b) The student member shall:

(1) Be an 11th or 12th grade student in the St. Mary’s County Public School System;

(2) Serve for 1 year;

(3) Be a nonvoting member; and

(4) Advise the county board on the thoughts and feelings of the students.

(c) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board.

(d) (1) (i) A candidate elected to the county board shall be a resident and registered voter of St. Mary’s County. A member who is no longer a resident and a registered voter of St. Mary’s County may not continue as a member of the county board.

(ii) A candidate who files to represent one of the commissioner election districts must be a resident of that election district.

(iii) Candidates filing for office to represent the county at large may reside anywhere in the county.

(2) An individual subject to the authority of the county board at the time of filing is ineligible to be a candidate.

(e) (1) The St. Mary’s County Board consists of five voting members who shall be elected as follows:

(i) One member shall be elected from the county at large; and

(ii) One member shall be elected from each of the four commissioner districts.

(2) Voting members of the county board shall be elected:

(i) At a general election as required by this section; and

(ii) On a general countywide ticket.

(3) Members of the county board elected in the 1996 general election from Commissioner Districts One and Three shall serve for an initial term of 2 years. An election shall be conducted in 1998 and every 4 years thereafter.

(4) Members of the county board elected in the 1996 general election from Commissioner Election Districts Two and Four and from the county at large shall serve for an initial term of 4 years. An election shall be conducted in 2000 and every 4 years thereafter.

(5) Except as specified in this section, elections shall be conducted in accordance with Title 8, Subtitle 8 of the Election Law Article.

(f) (1) The student member of the county board shall be elected by qualified students of the St. Mary’s County Public School System. The student member shall not be subject to approval by the county board.

(2) The voting members of the county board shall:

(i) Determine which students in the St. Mary’s County Public School System may elect the student member of the county board; and

(ii) Develop nomination and election procedures governing the election of the student member.

(g) (1) Except as specified in this section, an elected member shall serve for a term of 4 years. The term of each member shall commence on the first Monday in December after the member’s election and shall continue until a successor is elected and qualifies.

(2) The term of the student member shall commence on the first Monday in July and continue for 1 year.

(3) If a vacancy occurs on the county board, the St. Mary’s Board of County Commissioners shall appoint a qualified individual to serve for the remainder of that term and until a successor is elected and qualifies.

(h) (1) The State Board may remove a member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetence; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a notice, by registered mail, return receipt requested, that specifies the charges against the member.

(3) (i) Within 15 days from the date the State Board sends the notice, the member may request a public hearing. The member shall send this request to the county board by registered mail, return receipt requested.

(ii) If the member requests a hearing, the State Board shall conduct a hearing promptly, but not before the 11th day from the date the State Board sent notice to the member.

(iii) The member shall have the right to a public hearing and to representation by counsel at the hearing.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court of St. Mary’s County.
Md. Code, Alcoholic Beverages and Cannabis § 3-805 — MD Code / Article gab / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: reserved

The personal representative or special administrator of the deceased license holder may apply for and obtain any refund to which the deceased license holder would have been entitled if the license had been surrendered for cancellation on the date of the license holder’s death if:

(1) the business of the license holder is not continued under § 3–802 of this subtitle; and

(2) the license is not transferred under § 3–803 of this subtitle.
Md. Code, Business Regulation § 3-305 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

The Governor shall designate a chairman from among the consumer members of the Board.
Md. Code, Natural Resources § 3-502 — MD Code / Article gnr / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) There is an Irreplaceable Natural Areas Program in the Department.

(b) The purpose of the Program is to preserve Maryland’s native biodiversity on State–owned land managed by the Department for current and future residents of the State.
Md. Code, Courts and Judicial Proceedings § 3-8A-25 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-25
§3–8A–25.
Status: in_force

(a) If a child is committed under this subtitle to an individual or to a public or private agency or institution:

(1) The juvenile counselor shall visit the child at the child’s placement no less than once every month, if the placement is in the State;

(2) The court may order the juvenile counselor to visit the child more frequently than required by item (1) of this subsection if the court deems it to be in the child’s best interests; and

(3) The court may require the custodian to file periodic written progress reports, with recommendations for further supervision, treatment, or rehabilitation.

(b) If a child is placed on probation under § 3–8A–19.6 of this subtitle, the court shall be provided with a progress report if the child has two or more unexcused absences from a treatment program that the child is ordered to attend as a condition of probation.
Md. Code, Real Property § 3-104.2 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-104.2
§3–104.
Status: in_force

§3–104.2.

(a) A person may not record a deed or other instrument that the person knows contains false information, including information related to the ownership of the property.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Real Property § 3-118 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-118
§3–118.
Status: in_force

(a) On request, the Secretary may authorize the disclosure of real property records that have been shielded under § 3–116 of this subtitle for the purpose of performing a bona fide title examination.

(b) A request under this section shall include:

(1) The name, title, address, and affiliated organization, if applicable, of the individual requesting the disclosure;

(2) The individual’s purpose for requesting the disclosure;

(3) The individual’s relationship, if any, to the program participant;

(4) A legal description of the property subject to the title examination;

(5) A statement that any information disclosed to the individual shall be treated as confidential and shall be used and disclosed only for the purpose identified in the request;

(6) The individual’s signature; and

(7) Any other information required by the Secretary to respond to the request.

(c) (1) Within 2 business days after receiving a request under this section, the Secretary shall provide a written response approving or denying the request.

(2) The Secretary shall approve the request only if the Secretary confirms that the property subject to the title examination is the property identified in the Real Property ACP Notice of a current program participant.

(3) If the property belongs to an individual who is no longer a program participant:

(i) The Secretary shall give written notice to the clerk of the appropriate circuit court and the State Archives; and

(ii) The clerk and the State Archives shall cease shielding all real property records relating to the property.
Md. Code, Education § 3-10A-03 — MD Code / Article ged / Title 3 / Subtitle 10A / Section 3-10A-03
§3–10A–03.
Status: in_force

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

(b) The county board shall meet at least once each month.
Md. Code, Correctional Services § 3-305 — MD Code / Article gcs / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Subject to regulations adopted by the Commissioner, the Commissioner may delegate to the facility administrator of a prerelease unit for women the authority to grant incarcerated individuals the privilege of leaving the confines of the unit for the purpose of:

(1) engaging in or seeking employment;

(2) participating in educational programs or vocational training;

(3) participating in community or civic activities;

(4) participating in volunteer work;

(5) participating in athletic competition; or

(6) making personal or family visits.

(b) When outside the confines of a prerelease unit for women, an incarcerated individual shall carry, at all times, a copy of the form signed by the facility administrator containing the conditions governing the grant of leave.

(c) (1) An incarcerated individual who is on leave is deemed to be in the custody of the Commissioner to the same extent and subject to the same supervision and control as an incarcerated individual who is actually in confinement.

(2) An incarcerated individual who escapes while on leave under this section is subject to the penalties in § 9–404 of the Criminal Law Article.
Md. Code, Health Occupations § 3-311 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

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

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

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

(b) A licensee on inactive status may reactivate the license if the licensee:

(1) Complies with the continuing education and cardiopulmonary resuscitation (CPR) requirements in effect for the renewal period in which the licensee seeks to reactivate the license; and

(2) Pays the reactivation fee set by the Board.
Md. Code, Commercial Law § 3-101 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

This title may be cited as Maryland Uniform Commercial Code -- Negotiable Instruments.
Md. Code, Insurance § 3-204 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) Twenty-five or more persons domiciled in the State may organize a domestic reciprocal insurer and may apply to the Commissioner for a certificate of authority to engage in the insurance business as a reciprocal insurer.

(b) The proposed attorney in fact of the reciprocal insurer shall fulfill the requirements of and shall execute, verify under oath, and file with the Commissioner when applying for a certificate of authority, a declaration that includes:

(1) the name of the reciprocal insurer;

(2) the location of the reciprocal insurer’s principal office and of any other office from which policies will be issued;

(3) each kind of insurance business in which the reciprocal insurer intends to engage;

(4) the appointment of the Commissioner as agent for service of process in accordance with § 4-107 of this article;

(5) the name and address of each original subscriber;

(6) the appointment of the proposed attorney in fact and a copy of the power of attorney;

(7) the name and address of each officer and each director of the attorney in fact, if the attorney in fact is a corporation, or of each member of the attorney in fact, if the attorney in fact is a firm;

(8) the powers of the subscribers’ advisory committee;

(9) the name and term of office of each member of the subscribers’ advisory committee;

(10) a statement that, after deducting any sum payable to the attorney in fact, all money paid to the reciprocal insurer shall be held in the name of the reciprocal insurer for the purposes stated in the subscribers' agreement;

(11) a copy of the subscribers' agreement;

(12) a statement that:

(i) each original subscriber has applied in good faith for insurance of a kind in which the reciprocal insurer intends to engage; and

(ii) the reciprocal insurer has received from each original subscriber the full premium or premium deposit required for the policy applied for, for a term of not less than 6 months, at a rate that has been filed with and approved as adequate by the Commissioner;

(13) a statement of the financial condition of the reciprocal insurer, a schedule of its assets, and a statement that the surplus required by § 3-203 of this subtitle is available; and

(14) a copy of each policy, endorsement, and application form that the reciprocal insurer proposes to issue or use.

(c) When applying for a certificate of authority, the proposed attorney in fact shall pay to the Commissioner the applicable fee required by § 2-112 of this article.
Md. Code, Agriculture § 3-405 — MD Code / Article gag / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) The Secretary may adopt rules and regulations he deems necessary to administer this section and enjoin violations of the section and departmental rules and regulations.

(b) The Secretary or his agent may enter any location to conduct reasonable inspections in order to enforce § 3–404 of this subtitle.

(c) The authority provided by this section and § 3–404 of this subtitle is in addition to and not in limitation of any other authority of the Secretary provided by law.
Md. Code, Transportation § 3-602 — MD Code / Article gtr / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) Bonds issued by the Department under this subtitle shall be known as “special transportation project revenue bonds”.

(b) A resolution authorizing the issuance of special transportation project revenue bonds shall:

(1) Describe generally the transportation facilities to be financed by the sale of bonds;

(2) State the estimated cost of financing these transportation facilities; and

(3) With respect to the bonds, specify:

(i) The date of issue;

(ii) The date of each maturity, which may not be later than 30 years after the date of issue;

(iii) The amount of each maturity, which need not be in equal principal amounts or consecutive annual installments;

(iv) The rate of interest payable on the bonds, or the manner of determining the rate of interest, and the date or dates of payment of interest;

(v) The tenor, form, denomination, manner of execution, and place of payment of the principal of and interest on the bonds, which may be at any bank or trust company within or without the State;

(vi) Whether the bonds are to be issued in coupon, registered or book entry form and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed;

(vii) Whether the bonds are to be sold at public or private sale, as determined by the Secretary;

(viii) If the bonds are to be sold at public sale:

1. The form of notice of sale, which shall outline the terms and conditions of the sale; and

2. The form of advertisement of a summary notice of sale, which shall be published at least once in an appropriate newspaper of general circulation as determined by the Secretary;

(ix) Whether all or any part of the bonds are redeemable before maturity and any terms, conditions, and prices of redemption; and

(x) Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.

(c) (1) The resolution may provide that the Secretary may postpone the time for receipt of proposals for the bonds without republishing the form of advertisement for the bonds.

(2) (i) The Secretary shall provide notice of the new date and time of sale not less than 24 hours prior to the time proposals are to be submitted, which date may not be more than 30 days after the originally scheduled date of sale.

(ii) The notice may be given by TM3 News Service or a similar service or any other method that the Secretary deems appropriate.

(d) (1) Special transportation project revenue bonds shall be executed on behalf of the Department by the manual or facsimile signature of the Secretary.

(2) Other signatures on the bonds may be either manual or facsimile.

(3) If an individual whose manual or facsimile signature appears on any bond or coupon ceases to serve in an authorized capacity before the delivery of the bond, the signature nevertheless is as valid and sufficient for all purposes as if the individual had remained in that capacity until delivery of the bond.

(e) Forty-five days before each issuance of bonds under this section, the Department must report the proposed issuance to the Legislative Policy Committee for review and comment.

(f) Each issue of special transportation project revenue bonds shall be approved before sale by resolution of the Board of Public Works.
Md. Code, Courts and Judicial Proceedings § 3-214 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

(a) At an arbitration hearing, the parties have the right:

(1) To be heard;

(2) To present evidence material to the controversy; and

(3) To cross examine witnesses who appear at the hearing.

(b) Arbitrators are not bound by the technical rules of evidence.
Md. Code, Criminal Law § 3-324 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-324
§3–324.
Status: in_force

(a) In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including:

(1) in person;

(2) through an agent or agency;

(3) over the telephone;

(4) through any print medium;

(5) by mail;

(6) by computer or Internet; or

(7) by any other electronic means.

(b) (1) A person may not, with the intent to commit a violation of § 3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

(2) A person may not, with the intent to commit a violation of § 3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article, knowingly solicit the consent of a parent, guardian, or custodian of a minor, or a law enforcement officer posing as a parent, guardian, or custodian of a minor, to engage in activities with the minor that would be unlawful for the person to engage in under § 3–304 or § 3–307 of this subtitle or § 11–207, § 11–303, § 11–304, § 11–305, § 11–306, or § 11–307 of this article.

(c) A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation:

(1) originated in the State; or

(2) is received in the State.

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

(1) for a first offense, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.9 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.9
§3–8A–17.
Status: in_force

§3–8A–17.9.

The court shall dismiss the delinquency petition or the violation of probation petition if the child has not attained competency within:

(1) 18 months after the date of the finding of incompetency if the child is alleged to have:

(i) Except as provided in item (2) of this section, committed an act that would be a felony if committed by an adult; or

(ii) Committed an act in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the Public Safety Article or § 4–203, § 4–204, or § 4–205 of the Criminal Law Article; or

(2) 6 months after the date of the finding of incompetency if the child is alleged to have:

(i) Committed an act other than an act specified in item (1)(ii) of this section that would be a misdemeanor if committed by an adult; or

(ii) Committed an act that would be a felony if committed by an adult over which the District Court has exclusive original jurisdiction under Title 4, Subtitle 3 of this article.
Md. Code, Natural Resources § 3-501 — MD Code / Article gnr / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

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

(b) “Biodiversity” means the full range of living organisms native to a region.

(c) “Irreplaceable natural area” means an area with habitat necessary to support:

(1) A unique natural community; or

(2) A plant or animal species listed as threatened or endangered under Title 10, Subtitle 2A of this article.

(d) “Program” means the Irreplaceable Natural Areas Program.

(e) “Unique natural community” means an area that:

(1) Has an assemblage of native plants or animals that is rare or declining in the State; or

(2) Supports an unusually pristine example of a native ecosystem type.
Md. Code, Public Utilities § 3-206 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) After an answer has been filed in a proceeding for review under § 3–202 of this subtitle, the matter shall stand ready for trial on 15 days’ notice by any party.

(b) (1) This subsection does not apply to proceedings before the Appellate Court of Maryland or the Supreme Court of Maryland.

(2) A court shall give preference to a proceeding under this subtitle over all other civil actions except actions concerning elections, regardless of the position of the other actions on the docket.

(3) A court shall always be open for the trial of a proceeding under this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-106 — MD Code / Article gcj / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) If the court declares that the person is dead, it may terminate the guardianship proceedings pursuant to § 13-221 of the Estates and Trusts Article.

(b) Unless the court has terminated the guardianship proceeding under subsection (a) of this section, the court, after a lapse of five years from the appointment of a guardian or a lapse of one year when the person has been missing for more than 20 years, may enter a decree declaring that all interest of the absentee in his property has ceased, provided the absentee has not appeared in the meantime. The court then shall terminate the guardianship proceeding as if the absentee had died.
Md. Code, Courts and Judicial Proceedings § 3-303 — MD Code / Article gcj / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) An attachment before judgment may issue in any of the instances in this section.

(b) If the debtor is a nonresident individual, or a corporation which has no resident agent in this State, and:

(1) The debtor is a person over whom the court could exercise personal jurisdiction pursuant to §§ 6–102, 6–103, and 6–104 of this article; or

(2) The action involves claims to property in this State which property is to be attached; or

(3) The action is any other in which the attachment is constitutionally permitted.

(c) If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service.

(d) If the debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors.

(e) (1) If the debtor is about to assign, dispose of, conceal, or remove his property or a portion of it from the State with intent to defraud his creditors; or

(2) If the debtor has done any of these acts, or fraudulently contracted the debt or incurred the obligation which is the subject of the pending action.

(f) If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted.

(g) If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction.
Md. Code, Courts and Judicial Proceedings § 3-8A-18 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-18
§3–8A–18.
Status: reserved

(a) The provisions of this section do not apply to a peace order request or a peace order proceeding.

(b) After a petition or citation has been filed with the court under this subtitle, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing.

(c) (1) Before a child is adjudicated delinquent, the allegations in the petition that the child has committed a delinquent act must be proved beyond a reasonable doubt.

(2) Before a child is found to have committed the violation charged in a citation, the allegations in the citation must be proved beyond a reasonable doubt.

(d) If an adult is charged under this subtitle, the allegations must be proved beyond a reasonable doubt.

(e) In all other cases under this subtitle the allegations must be proved by a preponderance of the evidence.

(f) A court may issue a body attachment for witnesses as provided by Maryland Rule 4–267, if:

(1) The witness is at least 18 years old; and

(2) The case was transferred to the court under § 4–202 of the Criminal Procedure Article.
Md. Code, Education § 3-2A-05 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-05
§3–2A–05.
Status: in_force

(a) The student member shall:

(1) Be a regularly enrolled senior year student of good character and in good standing in an Anne Arundel County public high school;

(2) Be selected in the student’s junior year by a method selected by the Chesapeake Regional Association of Student Councils of Anne Arundel County; and

(3) (i) Serve a term of 1 year; and

(ii) Continue to serve after graduation and until a successor is appointed and qualifies.

(b) If a vacancy in the position of the student member occurs during the term of the student member, the Chesapeake Regional Association of Student Councils shall:

(1) Conduct a special election at its next general meeting; and

(2) By utilizing the same method that it used to select the previous student member of the board, select another student member to fill the vacancy.
Md. Code, General Provisions § 3-211 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) This section does not apply to a public body that is:

(1) in the Judicial Branch of State government; or

(2) subject to governance by rules adopted by the Supreme Court of Maryland.

(b) If the Board determines that a violation of this title has occurred:

(1) at the next open meeting of the public body after the Board has issued its opinion, a member of the public body shall announce the violation and orally summarize the opinion; and

(2) a majority of the members of the public body shall sign a copy of the opinion and return the signed copy to the Board.

(c) The public body may not designate its counsel or another representative to provide the announcement and summary.

(d) Compliance by a public body or a member of a public body with subsections (b) and (c) of this section:

(1) is not an admission to a violation of this title by the public body; and

(2) may not be used as evidence in a proceeding conducted in accordance with § 3–401 of this title.

(e) If the Board determines that a public body has violated a provision of this title, the Board shall post on the Maryland Open Meetings Act page of the Office of the Attorney General website the name of the public body and the opinion that describes the violation.
Md. Code, Criminal Law § 3-901 — MD Code / Article gcr / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

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

(2) “Private place” means a dressing room or rest room in a retail store.

(3) “Visual surveillance” means surveillance by:

(i) direct sight;

(ii) the use of mirrors;

(iii) the use of cameras; or

(iv) the use of an electronic device that can be used surreptitiously to observe an individual.

(b) This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties.

(c) A person may not conduct or procure another to conduct visual surveillance of an individual in a private place without the consent of that individual.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.

(e) It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located.

(f) (1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured a person to conduct the visual surveillance.

(2) In an action under this subsection, the court may award actual damages and reasonable attorney’s fees.
Md. Code, Transportation § 3-307 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) Before it sells any bonds, the Department and the county shall enter into an agreement as required by this section.

(b) The agreement shall specify that:

(1) The bonds to be issued on behalf of the county will be repaid, with interest, within 15 years after their date of issue;

(2) Each issue of bonds on behalf of the county shall be approved by resolution of the Board of Public Works before they are issued;

(3) Unless the county elects to deposit the amount with the State Comptroller under item (4) of this subsection, and except as provided in § 3-104 of this title, the State Comptroller may withhold and deposit money to the credit of a sinking fund maintained to pay the principal of and interest on the bonds from funds allocable to the county under Title 8, Subtitle 4 of this article, after first providing for sinking fund requirements on outstanding and unpaid county highway construction bonds issued pursuant to Chapter 657 of the Laws of 1953, until an amount equal to the debt service payable in the current fiscal year and the next succeeding fiscal year is accumulated and, thereafter, an amount equal to debt service on the bonds in the succeeding fiscal year, but no part of the funds that have been previously pledged for debt service on outstanding and unpaid bonds of the county, as provided in Title 8, Subtitle 4, may be withheld;

(4) In any year in which any bonds covered by the agreement are outstanding and unpaid, the county may make an annual levy on its taxable basis in the rate and amount sufficient to provide a sum equal to the amount to be withheld by the State Comptroller, as provided in item (3) of this subsection, in which event the State Comptroller may not withhold any more of the highway user revenues of the county than necessary to assure payment of the principal of and interest on the bonds in the current fiscal year and the next succeeding fiscal year;

(5) At regular intervals, the State Comptroller shall pay from the sinking fund to the Department amounts sufficient to pay the principal of and interest on the bonds; and

(6) The county shall use and invest its share of the proceeds of the bonds within the parameters established by the Department and take, or refrain from taking, such other and further actions as may be required of it by the Department to maintain the exemption from federal income taxation of interest on the bonds.

(c) If a county violates its agreement with the Department in a manner that causes the bonds to lose their tax-exempt status, the Department may prohibit the county from participating in the Department’s county bond program for 3 years from the date the violation is discovered.
Md. Code, Election Law § 3-401 — MD Code / Article gel / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

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

(b) “Universal registration” means an election administration in which the list of individuals eligible to vote in a municipal election includes those residents of the municipal corporation who are included on the statewide voter registration list at addresses within the municipal corporation.

(c) “Voter registry” means the list provided by a local board of registered voters who are residents of the municipal corporation.
Md. Code, Commercial Law § 3-305 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Except as stated in subsection (b), the right to enforce the obligation of a party to pay an instrument is subject to the following:

(1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;

(2) A defense of the obligor stated in another section of this title or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and

(3) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.

(b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (a)(1), but is not subject to defenses of the obligor stated in subsection (a)(2) or claims in recoupment stated in subsection (a)(3) against a person other than the holder.

(c) Except as stated in subsection (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (§ 3-306) of another person, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

(d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.
Md. Code, Transportation § 3-507 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-507
§3–507.
Status: in_force

Before the preparation of definitive bonds, the Department may issue interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery.
Md. Code, Education § 3-704 — MD Code / Article ged / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the county board shall meet:

(i) At least once each month during the months of July and August; and

(ii) At least twice each month during the months of September through June.

(2) The county board shall meet at least 24 times each year.

(b) Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(c) The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article, including action to close a meeting.
Md. Code, Estates and Trusts § 3-202 — MD Code / Article get / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

The estates of dower and curtesy are abolished.
Md. Code, Courts and Judicial Proceedings § 3-8C-10 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-10
§3–8C–10.
Status: in_force

The court shall retain jurisdiction under this subtitle until every condition of the court’s order is satisfied.
Md. Code, State Government § 3-305 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

The Governor may send to the Legislative Policy Committee a message that recommends legislation or explains a policy of the Governor.
Md. Code, Education § 3-903 — MD Code / Article ged / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: in_force

(a) All actions of the county board shall be taken after a public meeting, the record of which shall be made public.

(b) Except as provided in subsection (c) of this section, this section does not prohibit the county board from meeting and deliberating in executive session provided that all action of the board, together with the individual vote of each member, is contained in a public record.

(c) If the county superintendent denies an appeal of a decision by the chief operating officer of the county public schools to add or delete a school bus stop or to eliminate or move a school bus route, the appeal to the county board and the decision on the appeal shall be governed by the following requirements:

(1) The county board shall hold a public hearing on the matter contained in the appeal;

(2) Members of the public shall be given a reasonable opportunity to testify and present their views at the hearing; and

(3) The board shall make a decision on the appeal in item (1) of this subsection at a public meeting and the individual vote of each member shall be recorded on the public record.

(d) The affirmative vote of the members of the county board for the passage of a motion by the county board shall be:

(1) 5 members when the student member is voting; or

(2) 4 members when the student member is not voting.
Md. Code, Natural Resources § 3-303.1 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-303.1
§3–303.
Status: in_force

§3–303.1.

(a) The Department, in consultation with the Department of Agriculture, shall designate a solar generation facility as pollinator–friendly if the solar generation facility meets the requirements of this section.

(b) The Department shall adopt a Solar Site Pollinator Habitat Planning and Assessment scorecard that:

(1) Has been recommended by the University of Maryland bee lab;

(2) May be updated or amended only once every 2 years; and

(3) Applies only to solar generation facilities.

(c) (1) A solar generation facility may be designated as pollinator–friendly only by the Department.

(2) A solar generation facility may be designated by the Department as pollinator–friendly if:

(i) The solar generation facility:

1. Is ground–mounted;

2. Is at least 1 acre in size; and

3. Meets or exceeds the minimum score identified in the Solar Site Pollinator Habitat Planning and Assessment scorecard; and

(ii) The land on which the solar generation facility is located is planted and managed in accordance with a pollinator–friendly vegetation management standard or pollinator habitat plan evaluated under § 3–303(b)(9) of this subtitle by the power plant research program.

(d) The owner of a solar generation facility may not claim that the facility is pollinator–friendly or that the facility provides benefits to pollinators, song birds, or game birds unless the facility has been designated as pollinator–friendly by the Department in accordance with this section.

(e) The owner of a pollinator–friendly solar generation facility shall provide appropriate maintenance of the pollinator vegetation.

(f) The owner of a pollinator–friendly solar generation facility shall make the facility’s pollinator–friendly vegetation management standard or pollinator habitat plan evaluated under § 3–303(b)(9) of this subtitle by the power plant research program available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations.

(g) Nothing in this section restricts any farming practices on any land adjacent to the land on which a solar generation facility is located.

(h) The Department may charge the owner of a solar generation facility a reasonable fee to cover costs associated with designating the solar generation facility as pollinator–friendly.

(i) The Department shall adopt regulations to carry out this section.
Md. Code, Tax - General § 3-102 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

There is a Maryland Tax Court, which is an independent administrative unit of the State government.
Md. Code, Land Use § 3-105 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) The transportation element may include all types of:

(1) airways;

(2) highways or streets;

(3) railways;

(4) waterways;

(5) routings for mass transit; and

(6) terminals for individuals, goods, and vehicles related to airways, highways, railways, and waterways.

(b) The transportation element shall:

(1) propose, on a schedule that extends as far into the future as is reasonable, the most appropriate and desirable patterns for:

(i) the general location, character, and extent of channels, routes, and terminals for transportation facilities; and

(ii) the circulation of individuals and goods;

(2) provide for bicycle and pedestrian access and travelways; and

(3) include an estimate of the use of any proposed improvement.
Md. Code, Financial Institutions § 3-506 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) A fund plan may provide for:

(1) The amortization of premiums on bonds or other obligations;

(2) The disposition of discounts, profits, stock rights, stock dividends, and extraordinary dividends;

(3) The allocation or apportionment between principal or income of the items specified in item (2) of this subsection; and

(4) Any other similar matters.

(b) To the extent that a fund plan does not provide otherwise as to the determination, allocation, and apportionment of principal and income, the principles of Titles 14 and 14.5 of the Estates and Trusts Article apply.
Md. Code, Financial Institutions § 3-101 — MD Code / Article gfi / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Capital stock” includes both common and preferred stock of a commercial bank.

(c) “Debt instrument” means any capital note, debenture, bond, or certificate of beneficial interest issued by a commercial bank.

(d) “Inhabitants” means the population of a municipal area, as determined by the latest federal or State census.

(e) “Nondepository trust company” means a trust company that is not insured by the Federal Deposit Insurance Corporation.

(f) “State bank” means an institution that is incorporated under the laws of this State as a bank.

(g) “Trust company” means an institution that is incorporated under the laws of this State as a trust company.
Md. Code, Public Safety § 3-216 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: in_force

(a) A law enforcement agency may not employ an individual as a police officer for a period not exceeding 1 year unless the individual is certified by the Commission.

(b) (1) In this subsection, “nonfull-time police officer” means an individual who does not work in the law enforcement field at least 7 months during the calendar year.

(2) The certification requirements of subsection (a) of this section do not apply to the nonfull-time police officers of a law enforcement agency that:

(i) employs, during a calendar year, at least 70 full-time sworn police officers; and

(ii) employs at least 100 nonfull-time police officers.
Md. Code, Corporations and Associations § 3-804 — MD Code / Article gca / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

(a) Notwithstanding any other lesser proportion of votes required by a provision in the charter or the bylaws, but subject to § 2-406(b)(3) or § 8-205(b)(3) of this article the stockholders of a corporation may remove any director by the affirmative vote of at least two-thirds of all the votes entitled to be cast by the stockholders generally in the election of directors.

(b) Subject to § 2-402(a) of this article but notwithstanding any provision in the charter or bylaws, the number of directors of a corporation shall be fixed only by vote of the board of directors.

(c) (1) Notwithstanding any provision in the charter or bylaws, this subsection applies to a vacancy that results from:

(i) An increase in the size of the board of directors; or

(ii) The death, resignation, or removal of a director.

(2) Each vacancy on the board of directors of a corporation may be filled only by the affirmative vote of a majority of the remaining directors in office, even if the remaining directors do not constitute a quorum.

(3) Any director elected to fill a vacancy shall hold office:

(i) For the remainder of the full term of the class of directors in which the vacancy occurred; and

(ii) Until a successor is elected and qualifies.
Md. Code, Human Services § 3-302 — MD Code / Article ghu / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) (1) This section does not apply in Montgomery County.

(2) Except for child support enforcement, a local director shall administer the social service and public assistance activities in the county in accordance with Title 4, Subtitle 2 and Title 5, Subtitle 2 of this article.

(b) A local director has a general administrative responsibility to the Social Services Administration and the Family Investment Administration.

(c) The responsibilities of a local director include:

(1) long-range and short-range planning for the functions and objectives of the local department;

(2) administering the operations of the local department;

(3) except as provided in § 3-301(f)(2) of this subtitle or as otherwise provided by law, appointing personnel of the local department in accordance with the State Personnel and Pensions Article;

(4) improving administrative and social work practices and procedures;

(5) submitting periodic reports and evaluations that the Social Services Administration and the Family Investment Administration require;

(6) submitting an annual report to the local board; and

(7) undertaking any other responsibilities required by the Social Services Administration, the Family Investment Administration, or applicable laws.
Md. Code, Criminal Law § 3-319.1 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-319.1
§3–319.
Status: in_force

§3–319.1.

(a) Evidence of physical resistance by the victim is not required to prove that a crime under this subtitle was committed.

(b) The provisions of subsection (a) of this section may not be construed to affect the admissibility of evidence of actual physical resistance by the victim.
Md. Code, Real Property § 3-706 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-706
§3–706.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act to the extent that Act is inconsistent with this subtitle.

(b) This subtitle does not:

(1) Modify, limit, or supersede 15 U.S.C. § 7001(c); or

(2) Authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).
Md. Code, Health Occupations § 3-308 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term of longer than 2 years.

(b) At least 1 month before a license expires, the Board shall send to each licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal form and a renewal notice that states:

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

(2) That the renewal application and fee must be received by the Board on or before the license expiration date; and

(3) The amount of the renewal fee.

(c) A licensee periodically may renew a license for an additional term if the licensee:

(1) Otherwise is entitled to be licensed;

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

(3) Submits to the Board:

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

(ii) Satisfactory evidence of compliance with the continuing education requirements set by the Board under this section for license renewal.

(d) (1) The Board may establish continuing education requirements as a condition to the renewal of licenses under this section.

(2) Any requirements established under this subsection shall reflect current educational methods and chiropractic techniques.

(e) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
Md. Code, Labor and Employment § 3-1007 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1007
§3–1007.
Status: in_force

(a) An employee may bring a civil action in the appropriate State court to enforce this subtitle.

(b) The court may enjoin an act or a practice that violates this subtitle and may order equitable relief to redress the violation or to enforce this subtitle.
Md. Code, Commercial Law § 3-108 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) A promise or order is “payable on demand” if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.

(b) A promise or order is “payable at a definite time” if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.

(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
Md. Code, Commercial Law § 3-416 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-416
§3–416.
Status: in_force

(a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:

(1) The warrantor is a person entitled to enforce the instrument;

(2) All signatures on the instrument are authentic and authorized;

(3) The instrument has not been altered;

(4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and

(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

(b) A person to whom the warranties under subsection (a) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.

(c) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Md. Code, Business Regulation § 3-308 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) The Board shall recommend to the Commissioner any regulation that it finds necessary for the protection and safety of the public.

(b) The Commissioner may make recommendations to the Board on regulations.
Md. Code, Courts and Judicial Proceedings § 3-804 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

(a) In this section, “uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(b) (1) Except as provided in paragraph (2) of this subsection, the court has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary placement is under the age of 18 years when the petition is filed.

(2) The court has jurisdiction under this subtitle over a former CINA:

(i) Whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and

(ii) Who did not exit foster care due to reunification, adoption, guardianship, marriage, or uniformed services duty.

(c) If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.

(d) After the court terminates jurisdiction, a custody order issued by the court in a CINA case:

(1) Remains in effect; and

(2) May be revised or superseded only by another court of competent jurisdiction.

(e) Notwithstanding subsection (c) of this section, if the court enters an order directing the provision of services to a child under § 3–819(c)(3) or § 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
Md. Code, State Personnel and Pensions § 3-602 — MD Code / Article gsp / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, with regard to the University System of Maryland, if an exclusive representative represents more than one bargaining unit of employees and requests to bargain a consolidated memorandum of understanding, the Chancellor and the exclusive representative shall negotiate the terms of one consolidated memorandum of understanding to apply to all bargaining units for employees of all system institutions represented by the exclusive representative.

(b) (1) A consolidated memorandum of understanding shall include terms relating to:

(i) contracting out or supplementing bargaining unit work;

(ii) duration of the consolidated memorandum of understanding;

(iii) employee rights;

(iv) grievance and appeals of discipline;

(v) health, safety, and welfare, including personal protective equipment;

(vi) insurance related to health and other benefits;

(vii) union stewards;

(viii) labor management committees;

(ix) layoffs and recall;

(x) leave;

(xi) maintenance of membership;

(xii) management rights;

(xiii) nondiscrimination;

(xiv) performance evaluations;

(xv) personnel files;

(xvi) probationary periods;

(xvii) recognition and scope;

(xviii) retirement benefits;

(xix) tuition remission;

(xx) rights and responsibilities of essential workers;

(xxi) union rights; and

(xxii) wages and salaries.

(2) (i) A president of a system institution, or the president’s designee, and the exclusive representative shall negotiate and enter into a separate agreement regarding the following matters:

1. designation of essential employees;

2. student breaks and holidays;

3. hours of work;

4. other compensation that does not directly impact wages or salary;

5. shift differentials;

6. teleworking; and

7. uniforms and equipment.

(ii) A consolidated memorandum of understanding may not include terms relating to the matters listed in subparagraph (i) of this paragraph.

(3) For a matter particular to a system institution that is not listed in paragraph (1) or (2) of this subsection, the matter shall be negotiated:

(i) on mutual agreement and in writing, by the exclusive representative and the president of the system institution or the president’s designee; or

(ii) if the parties in item (i) of this paragraph cannot mutually agree, as part of the consolidated memorandum of understanding.

(c) On conclusion of negotiations under this section, all matters of agreement regarding matters listed in subsection (b)(1) and (b)(3) of this section shall be included in the consolidated memorandum of understanding.

(d) Subject to § 3–603 of this subtitle, the effective date of a consolidated memorandum of understanding under this section shall be July 1 to align with the fiscal year of the University System of Maryland and shall continue in effect until a subsequent June 30.
Md. Code, Public Utilities § 3-201 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) Notwithstanding § 10–120 of the State Government Article, the validity of a regulation of the Commission shall be challenged in accordance with § 10–125 of the State Government Article.

(b) A party to a Commission proceeding, a person that has been granted intervention in a Commission proceeding, or a person that has been ordered to participate in a Commission proceeding that seeks to challenge a decision by the Commission to act by order rather than regulation shall seek judicial review of the Commission’s decision within 30 days after the Commission issues a final order in that proceeding.

(c) Notwithstanding any provision of the Administrative Procedure Act, an order of the Commission issued on or before June 30, 2000, in a generic or quasi–legislative proceeding, that is not the subject of a judicial proceeding pending as of June 1, 2004, is not invalid or unenforceable as a result of the order meeting the definition of a regulation under § 10–101 of the State Government Article.
Md. Code, Criminal Law § 3-208 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

Expert testimony is admissible to prove, but is not required to prove, serious physical injury.
Md. Code, Public Safety § 3-533 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-533
§3–533.
Status: in_force

(a) In this section, “law enforcement agency” has the meaning stated in § 3–201 of this title.

(b) If a law enforcement agency is notified by a medical examiner under § 5–309(d) of the Health – General Article, the law enforcement agency:

(1) shall reopen or reinvestigate an investigation involving the death of a victim whose cause or manner of death was amended or corrected to be undetermined or homicide; and

(2) may not close a case that was reopened or reinvestigated under item (1) of this subsection until at least 20 years after the law enforcement agency was notified.
Md. Code, Courts and Judicial Proceedings § 3-2301 — MD Code / Article gcj / Title 3 / Subtitle 23 / Section 3-2301
§3–2301.
Status: in_force

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

(b) “Governmental entity” has the meaning stated in § 10–1501 of the State Government Article.

(c) “Office of Information Privacy” means the Office of Information Privacy in the Administrative Office of the Courts.

(d) (1) “Personal information” means:

(i) A home address;

(ii) A home telephone number;

(iii) A mobile telephone number;

(iv) A personal e–mail address;

(v) A Social Security number;

(vi) A driver’s license number;

(vii) A federal tax identification number;

(viii) A bank account number;

(ix) A credit or debit card number;

(x) A license plate number or unique identifier of a vehicle;

(xi) A birth or marital record;

(xii) A child’s name;

(xiii) A school or daycare;

(xiv) A place of worship; or

(xv) A place of employment of an individual described in subsection (e)(6) of this section.

(2) “Personal information” does not include:

(i) Information that has been publicly disclosed with the consent of the protected individual; or

(ii) Information that is relevant to and displayed as part of a news story, commentary, an editorial, or any other speech on matters of public concern.

(e) “Protected individual” means:

(1) A current or retired justice or judge of a court established under Article IV of the Maryland Constitution;

(2) A current or retired justice or judge of a federal court, including a U.S. Bankruptcy Court, domiciled in the State;

(3) A current or retired magistrate appointed by a circuit court of the State;

(4) A current or retired United States magistrate judge domiciled in the State;

(5) A current or retired commissioner of the District Court of Maryland; or

(6) A spouse, a child, or a dependent who resides in the same household as an individual described in items (1) through (5) of this subsection.

(f) “Publish” means to post or otherwise make available to the general public on the Internet, social media, or social networks.
Md. Code, Financial Institutions § 3-707 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-707
§3–707.
Status: in_force

If the Commissioner disapproves an agreement, the Commissioner shall give the constituent banks written notice of the reasons for the disapproval and an opportunity to amend the agreement.
Md. Code, Criminal Law § 3-705 — MD Code / Article gcr / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

(a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not verbally threaten to:

(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

(2) (i) cause physical injury to a person;

(ii) inflict emotional distress on a person;

(iii) cause economic damage to a person; or

(iv) cause damage to the property of a person.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, Transportation § 3-301 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

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

(b) “Bonds” means bonds issued under this subtitle.

(c) “Highway user revenues” has the meaning stated in § 8-401 of this article.
Md. Code, Labor and Employment § 3-713 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-713
§3–713.
Status: in_force

(a) In this section, “tipped employee” means an employee who is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips or gratuities.

(b) (1) An employer may not require a tipped employee to reimburse the employer or pay to the employer an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.

(2) Subject to § 3–503 of this title, an employer may not make a deduction from the wage of a tipped employee to reimburse the employer for an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.

(c) Each employer shall keep posted conspicuously in a place where a tipped employee is employed a printed notice of the provisions of this section, in a form that the Commissioner requires.
Md. Code, Natural Resources § 3-2A-10 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-10
§3–2A–10.
Status: in_force

(a) If the Trust approves the application, the Trust shall recommend to the Board of Public Works approval of the grant.

(b) The Board of Public Works may approve the grant conditional on modifying its terms.
Md. Code, Natural Resources § 3-1012 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1012
§3–1012.
Status: in_force

(a) On or before December 15, 2019, the Department of Planning, in consultation with the Department, the Department of the Environment, and the Department of Agriculture, shall establish a plan to adapt to saltwater intrusion.

(b) The plan established under subsection (a) of this section shall be updated at least once every 5 years.
Md. Code, Business Occupations and Professions § 3-501 — MD Code / Article gbo / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) Before a licensed architect issues to a client or submits to a public authority any final drawing, plan, specification, report, or other document required for the issuance of a building permit, the licensed architect who prepared or approved the document shall sign, seal, and date the document.

(b) Subject to exceptions stated and rights granted under § 3-103 of this title, a public authority may not accept any architectural drawing, plan, specification, report, or other document, unless the document is endorsed as required under subsection (a) of this section.
Md. Code, Courts and Judicial Proceedings § 3-2302 — MD Code / Article gcj / Title 3 / Subtitle 23 / Section 3-2302
§3–2302.
Status: in_force

(a) A protected individual, or the Office of Information Privacy on behalf of a protected individual, may request that a governmental entity:

(1) Not publish the protected individual’s personal information; or

(2) Remove the protected individual’s personal information from any existing publication.

(b) A request made under this section shall:

(1) Be in writing;

(2) Be sent by certified mail or by e–mail;

(3) Except as provided in subsection (c) of this section, provide sufficient information to confirm that the requester is a protected individual; and

(4) Adequately identify the document, posting, or other publication containing the personal information.

(c) A request made by the Office of Information Privacy certifies that a requester is a protected individual and no further information may be required to confirm that the requester is a protected individual.

(d) On receipt of a request under subsection (b) of this section, a governmental entity shall promptly acknowledge receipt of the request in writing by certified mail or by e–mail and:

(1) Take steps reasonably necessary to ensure that the personal information is not published; or

(2) If the personal information is already published, provide for the removal of the personal information within 72 hours after receipt of the request.

(e) A protected individual or the Office of Information Privacy may bring an action for a violation of this section against a governmental entity for:

(1) Declaratory relief;

(2) Injunctive relief; or

(3) Reasonable attorney’s fees.
Md. Code, Public Utilities § 3-205 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

The Commission may, on terms it considers appropriate, stay the enforcement of a regulation or order that is the subject of a proceeding for review under this subtitle.
Md. Code, Business Occupations and Professions § 3-203 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

From among the members of the Board and with the advice of the Secretary, the Governor shall appoint a chairman.
Md. Code, Courts and Judicial Proceedings § 3-1001 — MD Code / Article gcj / Title 3 / Subtitle 10 / Section 3-1001
§3–1001.
Status: in_force

(a) There shall be provided protection and advocacy services to persons with developmental disabilities.

(b) The term “developmental disabilities” shall mean a severe, chronic disability of a person which:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the person attains age 22;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity:

(i) Self-care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living; and

(vii) Economic self-sufficiency; and

(5) Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

(c) The term “protection and advocacy services” includes the pursuit of legal, administrative, and other appropriate remedies to protect the rights of persons with developmental disabilities.

(d) Protection and advocacy services shall be provided by an entity or entities, which may include private, nonprofit corporations, with the authority to pursue legal, administrative, and other appropriate remedies to insure the protection of the rights of persons with developmental disabilities who are receiving treatment, services, or habilitation within this State.
Md. Code, Commercial Law § 3-309 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure, and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

(b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, § 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
Md. Code, Insurance § 3-219 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-219
§3–219.
Status: in_force

(a) (1) The attorney in fact of a reciprocal insurer:

(i) periodically may fix and determine savings to be paid to each subscriber or policyholder on participating policies or contracts from the earned surplus of the reciprocal insurer; and

(ii) after doing so, shall establish an adequate surplus from which the savings are to be paid.

(2) The attorney in fact may not fix or pay savings if the payment of savings will impair the minimum surplus or other required surplus of the reciprocal insurer.

(b) (1) In fixing or paying savings, the attorney in fact may make reasonable classifications of policies or contracts.

(2) Policies or contracts in the same classification shall be treated without unfair discrimination.

(3) If the reciprocal insurer offers an alternative method or plan for savings classifications, the policy or contract shall contain an endorsement that states the class to which it is assigned.

(c) Each reciprocal insurer shall establish a procedure for notifying each policyholder or subscriber about savings fixed and payable under the policyholder’s or subscriber's policy or contract.
Md. Code, Natural Resources § 3-922 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-922
§3–922.
Status: in_force

Judicial review of any action under this subtitle shall in all instances include the right to appeal to the Appellate Court of Maryland and the Supreme Court of Maryland; provided, however, that nothing in this subtitle shall be construed or applied so as to permit any court or State or local regulatory authority to impair any obligation of the Authority to fix, charge and collect rates, rentals, fees and charges in amounts sufficient to satisfy any covenant in any resolution authorizing bonds or in any trust agreement securing bonds.
Md. Code, Health Occupations § 3-405 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

A licensed chiropractor shall have the immunity from liability described under § 5-636 of the Courts and Judicial Proceedings Article for reviewing the fees or charges for services of another licensed chiropractor in this or any other state.
Md. Code, Corporations and Associations § 3-401 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

A corporation having capital stock may be dissolved as provided in this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-807 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-807
§3–807.
Status: in_force

(a) (1) The judges of a circuit court may not appoint a magistrate for juvenile causes arising under this subtitle and Subtitle 8A of this title unless the appointment and the appointee are approved by the Chief Justice of the Supreme Court of Maryland.

(2) The standards expressed in § 3–806(b) of this subtitle, with respect to the assignment of judges, are applicable to the appointment of magistrates.

(3) A magistrate, at the time of appointment and at all times while serving as a magistrate, shall be a member in good standing of the Maryland Bar.

(b) (1) A magistrate appointed for juvenile causes may conduct hearings.

(2) Each proceeding shall be recorded, and the magistrate shall make findings of fact, conclusions of law, and recommendations as to an appropriate order.

(3) The proposals and recommendations shall be in writing, and, within 10 days after the hearing, the original shall be filed with the court and a copy served on each party to the proceeding.

(c) (1) Any party, in accordance with the Maryland Rules, may file written exceptions to any or all of the magistrate’s findings, conclusions, and recommendations, but shall specify those items to which the party objects.

(2) The party who files exceptions may elect a hearing de novo or a hearing on the record before the court unless the party is the State in proceedings involving juvenile delinquency under Subtitle 8A of this title.

(3) If the State is the excepting party in proceedings involving juvenile delinquency, the hearing shall be on the record, supplemented by additional evidence as the judge considers relevant and to which the parties raise no objection.

(4) In either case, the hearing shall be limited to those matters to which exceptions have been taken.

(d) (1) The proposals and recommendations of a magistrate for juvenile causes do not constitute orders or final action of the court.

(2) The proposals and recommendations shall be promptly reviewed by the court, and, in the absence of timely and proper exceptions, they may be adopted by the court and appropriate orders entered based on them.

(3) Detention, community detention, or shelter care may be ordered by a magistrate pending court review of the magistrate’s findings, conclusions, and recommendations.

(e) If the court, on its own motion and in the absence of timely and proper exceptions, decides not to adopt the magistrate’s findings, conclusions, and recommendations, or any of them, the court shall conduct a de novo hearing, unless all parties and the court agree to a hearing on the record.
Md. Code, Public Utilities § 3-106 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) If a person timely files, the person may apply to intervene in a proceeding before the Commission.

(b) The Commission shall grant leave to intervene unless the Commission concludes that:

(1) the parties to the proceeding adequately represent the interest of the person seeking to intervene; or

(2) the issues that the person seeks to raise are irrelevant or immaterial.

(c) (1) An intervenor has all the rights of a party to a proceeding.

(2) In a proceeding before the Commission, an individual who is an intervenor may represent himself or herself.
Md. Code, Corporations and Associations § 3-805 — MD Code / Article gca / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: in_force

Notwithstanding any provision in the charter or bylaws, the secretary of a corporation may call a special meeting of stockholders only:

(1) On the written request of the stockholders entitled to cast at least a majority of all the votes entitled to be cast at the meeting; and

(2) In accordance with the procedures set forth under § 2-502(b)(2) and (3) and (e) of this article.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.7 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.7
§3–8A–19.
Status: in_force

§3–8A–19.7.

(a) In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of this subtitle.

(b) A child may not be placed in a facility used for detention for a technical violation.
Md. Code, Agriculture § 3-305 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Each licensed livestock market operator and licensed livestock dealer shall maintain a record covering all animals received and disposed of by him or his agents. The record shall include date of receipt, date of sale, and name and address of consignor and purchaser. Each animal shall be identified by any of the following (1) by a metal ear tag number, tattoo number, purebred name and registry number, or horn or hoof brand number, or any other method approved by the Secretary, and (2) by breed, sex, age, approximate weight, and health status. The record also shall show the purpose for which the animals are consigned, that is, whether for breeding, feeding, grazing, or milk production. Every record shall be retained for three years.

(b) Individual identification is not required for (1) steers, (2) spayed heifers, or (3) calves under eight months of age of beef type for feeding and grazing purposes.
Md. Code, Financial Institutions § 3-606 — MD Code / Article gfi / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

(a) An officer, employee, or agent of a commercial bank may not certify any draft drawn on the commercial bank unless the drawer has on deposit an amount equal to at least the amount of the draft.

(b) If a draft is certified in violation of this section by a person who is authorized to certify drafts, it is a valid obligation of the commercial bank.
Md. Code, Correctional Services § 3-609 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-609
§3–609.
Status: in_force

(a) A correctional facility in the Division shall maintain a reserve financial account and a spending financial account for each incarcerated individual in the correctional facility.

(b) The accounts of an incarcerated individual may be charged for:

(1) the reasonable value of any State property that the incarcerated individual:

(i) willfully or maliciously destroys; or

(ii) destroys as the result of gross negligence; or

(2) any fees assessed under § 2–118 of this article.

(c) The Commissioner shall adopt regulations that:

(1) set forth those items that may be credited to or disbursed from an account under this section; and

(2) set forth procedures for carrying out this section, including procedures that provide due process of law to each incarcerated individual before the incarcerated individual’s accounts may be charged with a disbursement under subsection (b) of this section.
Md. Code, Tax - General § 3-107 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) Except as provided in subsection (c) of this section, a majority of the judges then serving on the Tax Court is a quorum to do business.

(b) The concurrence of a majority of the judges who hear an appeal is sufficient to decide the appeal.

(c) A judge who is a member of the Bar of the State may hear and decide an appeal without the participation of any other judge.
Md. Code, Real Property § 3-102 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) (1) Any other instrument affecting property, including any contract for the grant of property, or any subordination agreement establishing priorities between interests in property may be recorded.

(2) The following instruments also may be recorded:

(i) Any notice of deferred property footage assessment for street construction;

(ii) Any boundary survey plat signed and sealed by a professional land surveyor or property line surveyor licensed in the State;

(iii) Any assumption agreement by which a person agrees to assume the liability of a debt or other obligation secured by a mortgage or deed of trust;

(iv) Any release of personal liability of a borrower or guarantor under a mortgage or under a note or other obligation secured by a deed of trust;

(v) A ground rent redemption certificate or a ground rent extinguishment certificate issued under § 8–110 of this article;

(vi) An affordable housing land trust agreement executed under Title 14, Subtitle 5 of this article with any transfer of property for which an affordable housing land trust has a reversionary interest; or

(vii) A restrictive covenant modification executed under § 3–112 of this subtitle.

(3) The recording of any instrument constitutes constructive notice from the date of recording.

(b) This section may not be construed to authorize the recording of a subdivision plat without any prior review and approval otherwise required by law.
Md. Code, Courts and Judicial Proceedings § 3-2B-06 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-06
§3–2B–06.
Status: in_force

(a) Unless the arbitration agreement provides otherwise, the arbitral tribunal in an international commercial arbitration in this State may, at the request of a party and after an opportunity for any other party to the arbitration agreement to be heard, order any party to post security or countersecurity in a form satisfactory to the arbitral tribunal in an amount not to exceed the amount of that party’s claim, cross-claim, or counterclaim (excluding attorneys’ fees) if:

(1) The party to be required to post security or countersecurity resides in a country that has not ratified and adopted the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and does not have sufficient assets in the United States to satisfy the amount of the claim or counterclaim; or

(2) The arbitral tribunal otherwise determines that there is good cause to require security or countersecurity.

(b) (1) On motion of a party to a circuit court to vacate or modify an order for security or countersecurity, a hearing shall be held promptly.

(2) Unless the party required to post security or countersecurity establishes that an order for security or countersecurity is an abuse of discretion by the arbitral tribunal, the courts of this State shall enforce orders for security or countersecurity.
Md. Code, Courts and Judicial Proceedings § 3-1105 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1105
§3–1105.
Status: in_force

This subtitle does not affect any liability or immunity of a volunteer fire company, a volunteer rescue squad, or the personnel of a volunteer fire company or volunteer rescue squad under § 5-604 of this article.
Md. Code, Criminal Law § 3-307 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) A person may not:

(1) (i) engage in sexual contact with another without the consent of the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;

(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or

(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
Md. Code, Courts and Judicial Proceedings § 3-1207 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1207
§3–1207.
Status: in_force

(a) If a paid fire company attempts but is not able to provide for the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident, the incident commander at the scene of the traffic accident may request assistance from any other person, partnership, firm, association, corporation, or other entity that is experienced in the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident.

(b) Subject to a written memorandum of agreement between the Department of the Environment and the fire company, any costs incurred under subsection (a) of this section may be reimbursed from the State Hazardous Substance Control Fund under § 7-221 of the Environment Article.

(c) Any expenditure from the State Hazardous Substance Control Fund made in accordance with the provisions of this section shall be reimbursed to the Department by the person responsible for the release as provided under § 7-221 of the Environment Article.
Md. Code, Corporations and Associations § 3-114.1 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-114.1
§3–114.
Status: in_force

§3–114.1.

On consummation of a share exchange, the stockholders of the corporation the stock of which is to be acquired are deemed to have exchanged their stock as provided by the articles, without further act, subject to the rights of an objecting stockholder under Subtitle 2 of this title.
Md. Code, Economic Development § 3-204 — MD Code / Article gec / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) The Advisory Board shall assist the Department in:

(1) developing a comprehensive State strategic plan for life sciences;

(2) promoting life sciences research, development, commercialization, and manufacturing in the State;

(3) promoting collaboration and coordination among life sciences organizations in the State;

(4) promoting collaboration and coordination among research institutions of higher education in the State;

(5) developing a strategy to coordinate State and federal resources to attract private sector investment and job creation in the life sciences;

(6) developing a strategy to support federal life sciences facilities located in the State, including support for education, transportation, housing, and capital investment needs; and

(7) making recommendations to address critical needs in the life sciences, including access to venture capital and capital construction funding.

(b) In performing its duties, the Advisory Board shall give due consideration to the business, scientific, medical, and ethical aspects of the life sciences industry.
Md. Code, Economic Development § 3-202 — MD Code / Article gec / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) There is a Maryland Life Sciences Advisory Board in the Department.

(b) The purpose of the Advisory Board is to recommend State and federal policies, priorities, practices, and legislation to expedite the creation of private sector jobs through the commercialization of life sciences research.
Md. Code, Courts and Judicial Proceedings § 3-2002 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2002
§3–2002.
Status: in_force

(a) A collaborative law participation agreement shall:

(1) Be in a record;

(2) Be signed by the parties;

(3) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this subtitle;

(4) Describe the nature and scope of the matter;

(5) Identify the collaborative lawyer who represents each party in the process; and

(6) Contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.

(b) The parties may agree to include in a collaborative law participation agreement additional provisions consistent with this subtitle.
Md. Code, Public Safety § 3-521 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-521
§3–521.
Status: in_force

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

(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.

(3) “Surplus program” means a program operated by the federal government for the transfer of surplus military equipment to a law enforcement agency.

(b) On or before February 1 each year, the Department of State Police shall submit a report on the acquisition of equipment by law enforcement agencies through surplus programs within the preceding calendar year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(c) The Department of State Police shall include in a prominent location on its public website a link to the Defense Logistics Agency’s report listing excess Department of Defense property transfers to law enforcement agencies through the Law Enforcement Support Office.
Md. Code, Courts and Judicial Proceedings § 3-2001 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2001
§3–2001.
Status: in_force

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

(b) “Collaborative law communication” means a statement, whether oral or in a record or verbal or nonverbal, that:

(1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

(2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

(c) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

(d) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

(1) Sign a collaborative law participation agreement; and

(2) Are represented by collaborative lawyers.

(e) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

(f) (1) “Collaborative matter” means a dispute, a transaction, a claim, a problem, or an issue for resolution described in a collaborative law participation agreement.

(2) “Collaborative matter” includes a dispute, a claim, and an issue in a proceeding.

(g) “Nonparty participant” means a person other than a party and the party’s collaborative lawyer that participates in a collaborative law process.

(h) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

(i) “Person” means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.

(j) “Person eligible for relief” includes:

(1) The current or former spouse of a respondent;

(2) A cohabitant of a respondent;

(3) A person related to a respondent by blood, marriage, or adoption;

(4) A parent, stepparent, child, or stepchild of a respondent or person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of a petition for relief under Title 4, Subtitle 5 of the Family Law Article;

(5) A vulnerable adult; and

(6) A person who has a child in common with the respondent.

(k) “Proceeding” means:

(1) A judicial, an administrative, an arbitral, or any other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery; or

(2) A legislative hearing or similar process.

(l) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or any other medium and is retrievable in perceivable form.

(n) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

(o) “Sign” means, with present intent to authenticate or adopt a record, to:

(1) Execute or adopt a tangible symbol; or

(2) Attach to or logically associate with the record an electronic symbol, sound, or process.

(p) “Tribunal” means:

(1) A court, an arbitrator, an administrative agency, or any other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

(2) A legislative body conducting a hearing or similar process.
Md. Code, Insurance § 3-128 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-128
§3–128.
Status: in_force

(a) In this section, “reciprocating state” means a state under the laws of which a prohibition on solicitation similar to that imposed against domestic insurers under this section is imposed on and enforced against insurers domiciled in that state.

(b) A domestic insurer may not knowingly solicit insurance business in a reciprocating state in which the domestic insurer is not licensed as an authorized insurer.

(c) This section does not prohibit advertising through publication or by radio, television, or other broadcasts originating outside the reciprocating state if:

(1) the insurer is licensed to engage in the insurance business in a majority of the states in which the advertising is disseminated; and

(2) the advertising is not specifically directed to residents of the reciprocating state.

(d) This section does not prohibit:

(1) insurance covering persons or risks located in a reciprocating state under contracts solicited and issued in states in which the insurer is then licensed; or

(2) insurance effectuated by the insurer as an unauthorized insurer under the laws of the reciprocating state.

(e) If the Commissioner finds, after a hearing, that a domestic insurer has violated this section, the Commissioner shall suspend or revoke the certificate of authority of the domestic insurer.
Md. Code, State Finance and Procurement § 3-307 — MD Code / Article gsf / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: reserved

(a) Certification of a debt or claim owed to the State that the Central Collection Unit sends to the State Lottery and Gaming Control Agency under § 3–304(a)(4) of this subtitle shall contain:

(1) the full name of the debtor and any other name known to be used by the debtor;

(2) the Social Security number of the debtor; and

(3) the amount of the debt.

(b) If a debtor wins a lottery prize to be paid directly by the State Lottery and Gaming Control Agency, the State Lottery and Gaming Control Agency shall notify the debtor that:

(1) the debtor has won a prize to be paid by the State Lottery and Gaming Control Agency;

(2) the State Lottery and Gaming Control Agency has received notice from the Central Collection Unit of the debtor’s debt or claim owed to the State in the specified amount;

(3) State law requires the State Lottery and Gaming Control Agency to withhold the prize and to pay it towards the debtor’s debt or claim;

(4) the debtor may appeal to the Central Collection Unit if the debtor disputes the existence or the amount of the debt or claim; and

(5) if an appeal is not filed within 15 days after the date of the notice, the State Lottery and Gaming Control Agency will transfer the prize or the part of the prize that equals the amount of the debt or claim to the Central Collection Unit.

(c) (1) The State Lottery and Gaming Control Agency shall withhold all or part of the prize up to the amount of the debt or claim owed to the State until the Central Collection Unit notifies the State Lottery and Gaming Control Agency to whom the withheld prize money is to be paid.

(2) The State Lottery and Gaming Control Agency shall honor lottery prize interception requests in the following order:

(i) an interception request under § 10–113.1 of the Family Law Article;

(ii) an interception request under § 11–618 of the Criminal Procedure Article; and

(iii) an interception request under this section.

(d) (1) On receipt of a notice from the State Lottery and Gaming Control Agency, a debtor who disputes the existence or amount of the debt or claim may appeal the proposed transfer in accordance with the provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.

(2) If an appeal is not filed within 15 days after the date of the notice, the State Lottery and Gaming Control Agency shall transfer the amount of the prize withheld to the Central Collection Unit.

(3) If the debtor appeals the proposed transfer, after a hearing the Central Collection Unit shall notify the State Lottery and Gaming Control Agency that the withheld prize shall be:

(i) paid to the debtor;

(ii) transferred to the Central Collection Unit; or

(iii) in specified amounts, partly paid to the debtor and partly transferred to the Central Collection Unit.

(e) The Secretary and the Director of the State Lottery and Gaming Control Agency may jointly adopt regulations to carry out this section.
Md. Code, Public Safety § 3-407 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

The railroad company that employs a railroad police officer is liable for any wrongful action or abuse of power by the railroad police officer.
Md. Code, Estates and Trusts § 3-103 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

The net estate, exclusive of the share of the surviving spouse or registered domestic partner, or the entire net estate if there is no surviving spouse or registered domestic partner, shall be divided equally among the surviving issue, by representation as defined in § 1–210 of this article.
Md. Code, Public Utilities § 3-114 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

(a) On rehearing, the Commission may:

(1) consider facts not presented in the original hearing, including facts arising after the date of the original hearing; and

(2) abrogate, change, or modify the original order by new order.

(b) Except as otherwise ordered by the Commission, the rehearing or application for the rehearing does not:

(1) stay the enforcement of an order of the Commission; or

(2) excuse a person affected by the order from complying with the terms of the order.

(c) (1) A party in interest may apply to the Commission for rehearing within 30 days after service of a final order on the party.

(2) The Commission may:

(i) act on the application; and

(ii) rehear a final order or conduct further proceedings on its own motion after the filing of a proposed order, as the Commission considers necessary.

(3) If a rehearing is granted on an application under this subsection, the Commission shall decide the case within 30 days after the case is finally submitted on rehearing.
Md. Code, Correctional Services § 3-219 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-219
§3–219.
Status: in_force

(a) The Division may acquire property by contract, purchase, or other means as required for the Division’s use and for the use of its units.

(b) The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units.

(c) The Division holds title to and has possession of all property previously acquired by the former Department of Correction or any unit of that Department.

(d) The Division holds title to and has possession of property as a trustee of the State.

(e) The Division’s custody, use, acquisition, and conveyance of property are subject generally to the powers and functions of the Board of Public Works.
Md. Code, Business Occupations and Professions § 3-412 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

(a) (1) For the limited purpose set forth in paragraph (2) of this subsection, a permit shall remain in effect and does not expire by operation of law while the permit holder is under investigation by the Board or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.

(2) An extension of a permit term under this subsection is effective only for the purpose of retaining the jurisdiction of the Board over the permit holder during the course of disciplinary proceedings and does not prevent the permit from expiring for any other purpose.

(b) Unless the Board agrees to accept the surrender, a permit holder may not surrender a permit while the holder is under investigation or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.
Md. Code, State Government § 3-401 — MD Code / Article gsg / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

In this subtitle, “executive order” means an order or an amendment or rescission of an order that, over the signature of the Governor:

(1) proclaims or ends a state of emergency or exercises the authority of the Governor during an emergency, under Title 14, Subtitle 3 of the Public Safety Article or any other provision of law;

(2) adopts guidelines, rules of conduct, or rules of procedure for:

(i) State employees;

(ii) units of the State government; or

(iii) persons who are under the jurisdiction of those employees or units or who deal with them;

(3) establishes a unit, including an advisory unit, study unit, or task force; or

(4) changes the organization of the Executive Branch of the State government.
Md. Code, Education § 3-108 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the Governor shall appoint the members of each county board from the residents of that county.

(2) The members of the following county boards of education shall be selected as follows:

(i) The Baltimore City Board of School Commissioners in accordance with § 3–108.1 of this subtitle;

(ii) The Harford County Board of Education in accordance with § 3–6A–01 of this title;

(iii) The Caroline County Board of Education in accordance with § 3–3A–02 of this title; and

(iv) The county boards of education in the counties listed in § 3–114 of this subtitle in accordance with the provisions of that section.

(b) (1) Each member shall be appointed solely because of character and fitness and without regard to political affiliation.

(2) An individual who is subject to the authority of the county board may not be appointed to or serve on the county board.

(c) (1) Each member serves for a term of 5 years beginning July 1 after the member’s appointment and until a successor is appointed and qualifies.

(2) The Governor shall appoint a new member to fill any vacancy on an appointed board for the remainder of that term and until a successor is appointed and qualifies.

(3) Unless otherwise disqualified under this section, a member of a board is eligible for reappointment. However, an individual may not serve for more than 2 consecutive terms.

(d) (1) With the approval of the Governor, the State Superintendent may remove any member of a county board appointed under this section for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency;

(iv) Willful neglect of duty; or

(v) Failure to attend, without good cause, at least half of the scheduled meetings of the board in any 1 calendar year.

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

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

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

(ii) The member shall have an opportunity to be heard publicly before the State Superintendent in his own defense, in person or by counsel.

(4) If a member who is removed so requests, the State Superintendent shall file with the clerk of the circuit court for the county from which the member was appointed:

(i) A complete statement of all charges made against the member;

(ii) The findings of the State Superintendent; and

(iii) A complete record of the proceedings.
Md. Code, Courts and Judicial Proceedings § 3-412 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

(a) Further relief based on a declaratory judgment or decree may be granted if necessary or proper.

(b) An application for further relief shall be by petition to a court having jurisdiction to grant the relief.

(c) If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted.
Md. Code, Public Utilities § 3-204 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) A proceeding for review under § 3–202 of this subtitle shall be instituted in:

(1) the circuit court for any county in which the public service company that was a party in the proceeding provides service; or

(2) the Circuit Court for Baltimore City.

(b) If more than one proceeding to review an order or final decision of the Commission is instituted, on motion of any party, the court may transfer the proceeding to another court that has jurisdiction.

(c) If a rehearing by the Commission is applied for, a proceeding for judicial review may be filed after service of the decision of the Commission that denies the rehearing.

(d) The Commission may be a party to an appeal made under this section.
Md. Code, Insurance § 3-222 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-222
§3–222.
Status: in_force

(a) If the assets of a reciprocal insurer at any time are insufficient to maintain the required surplus and to discharge its liabilities, other than a liability on account of money contributed by the attorney in fact or another person, the attorney in fact of a reciprocal insurer immediately shall:

(1) make up the deficiency; or

(2) subject to the limitations set forth in the power of attorney or subscribers’ policies, levy an assessment on the subscribers for the amount needed to cure the deficiency.

(b) A reciprocal insurer is considered insolvent and shall be proceeded against as authorized by this article if:

(1) the attorney in fact fails to cure the deficiency or to make the assessment within 30 days after the Commissioner orders the attorney in fact to do so; or

(2) the deficiency is not cured fully within 60 days after the date the assessment was made.

(c) If liquidation of a reciprocal insurer is ordered, an assessment shall be levied on the subscribers in the amount, subject to the limits provided by this subtitle, that the Commissioner determines to be necessary to discharge all liabilities of the reciprocal insurer, excluding any money contributed by the attorney in fact or another person, but including the reasonable cost of the liquidation.
Md. Code, Financial Institutions § 3-706 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-706
§3–706.
Status: in_force

(a) The Commissioner shall approve the agreement if:

(1) The successor meets the requirements of State law for the formation of a new commercial bank;

(2) The agreement provides an adequate capital structure, including surplus, for the successor in relation to its deposit liabilities and other activities;

(3) The agreement is fair; and

(4) The proposed transaction is not against the public interest.

(b) If the successor will not exercise trust powers, the Commissioner may not approve the agreement until the Commissioner is satisfied that successor fiduciaries have been provided adequately for all fiduciary positions held by the constituent banks.
Md. Code, Courts and Judicial Proceedings § 3-1802 — MD Code / Article gcj / Title 3 / Subtitle 18 / Section 3-1802
§3–1802.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle applies to a mediation in which:

(1) The parties are required to mediate by law;

(2) The parties are referred to mediation by an administrative agency or arbitrator; or

(3) The mediator states in writing to any and all parties to the mediation and persons with whom the mediator has engaged in mediation communications that:

(i) The mediation communications will remain confidential in accordance with this subtitle; and

(ii) The mediator has read and, consistent with State law, will abide by the Maryland Standards of Conduct for Mediators during the mediation.

(b) This subtitle does not apply to a mediation:

(1) To which Title 17 of the Maryland Rules applies;

(2) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;

(3) Relating to a dispute that is pending under, or is part of the processes established by, a collective bargaining agreement unless the dispute has been filed with an administrative agency or court;

(4) Relating to an action to enforce an agreement to arbitrate under common law, the Federal Arbitration Act, the Maryland Uniform Arbitration Act under Subtitle 2 of this title, or the Maryland International Commercial Arbitration Act under Subtitle 2B of this title;

(5) Relating to an action to foreclose a lien against an owner–occupied residential property subject to foreclosure mediation conducted by the Office of Administrative Hearings under Maryland Rule 14–209.1;

(6) Arising from a referral of a matter to a magistrate, examiner, auditor, or parenting coordinator under Maryland Rules 2–541, 2–542, 2–543, or 9–205.2; or

(7) Conducted by a judge who might make a ruling on a case based on the dispute.

(c) The parties and the mediator, by a written and signed agreement made in advance of the mediation, may agree to exclude all or part of the mediation communications from the application of this subtitle.
Md. Code, General Provisions § 3-304 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) This section applies only to the Executive and Legislative branches of the State government.

(b) On request and to the extent feasible, a unit that holds a public hearing shall provide a qualified interpreter to assist deaf individuals to understand the proceeding.

(c) A request for an interpreter must be submitted in writing or by telecommunication at least 5 days before the proceeding begins.

(d) The unit shall determine, in each instance, whether it is feasible to provide an interpreter.
Md. Code, Estates and Trusts § 3-303 — MD Code / Article get / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) Property distributed pursuant to § 3–302 of this subtitle shall be paid by the personal representative from the legacies of children of the testator and issue of deceased children who take by representation.

(b) (1) Each person shall contribute in the proportion which the person’s legacy bears to all legacies of children of the testator and issue of deceased children taking by representation.

(2) Instead of contributing an interest in specific property to the pretermitted child, a legatee may pay the pretermitted child or the child’s issue, in cash or other property acceptable to the pretermitted child or the child’s issue, an amount equal to the fair market value of the interest in specific property as of the date of death of the testator.
Md. Code, Business Regulation § 3-404 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) Each amusement owner who operates an amusement attraction in the State shall:

(1) keep and make available to the Commissioner records about the activities of the amusement owner under this title; and

(2) keep accurate records of, and submit periodic reports to the Commissioner on, injuries to the public that occur during use of amusement attractions other than injuries that:

(i) are minor;

(ii) require only first-aid treatment; and

(iii) do not involve medical treatment or loss of consciousness.

(b) Whenever a death or serious physical injury results from the operation of an amusement attraction:

(1) the person who directly controls the operation of the amusement attraction immediately shall close the amusement attraction until it has been inspected by the Commissioner;

(2) the amusement owner shall report the incident orally or in writing to the Commissioner within 24 hours; and

(3) the Commissioner shall inspect the amusement attraction within 24 hours after receiving notice of the incident.
Md. Code, Labor and Employment § 3-1801 — MD Code / Article gle / Title 3 / Subtitle 18 / Section 3-1801
§3–1801.
Status: in_force

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

(b) “Certify” means to:

(1) complete the employer sections of the federal Public Service Loan Forgiveness Program form for a current or former employee; or

(2) share data directly with the U.S. Department of Education about a current or former employee that corresponds to the information required on the federal Public Service Loan Forgiveness Program form.

(c) “Employee” means an individual who is or was employed by a public service employer.

(d) “Full–time” has the meaning stated in 34 C.F.R. § 685.219.

(e) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.

(f) “Program” means the federal Public Service Loan Forgiveness Program established under 20 U.S.C. § 1087e(m).

(g) (1) “Public service employer” means an employer in the State who is designated as a qualifying employer under the federal Public Service Loan Forgiveness Program, including:

(i) a State or local government employer, including:

1. an office or a department;

2. an independent agency;

3. a local school system;

4. a public institution of higher education;

5. a public library system; and

6. an authority or other body; and

(ii) an employer designated as a tax–exempt organization under § 501(c)(3) of the Internal Revenue Code.

(2) “Public service employer” does not include a federal or tribal nation government organization, agency, or governmental entity.

(h) “Public Service Loan Forgiveness Program form” means the form used by the U.S. Department of Education to:

(1) certify an individual’s current or former employment with a public service employer; and

(2) determine an individual’s eligibility for the purposes of the federal Public Service Loan Forgiveness Program.

(i) “Student Loan Ombudsman” has the meaning stated in § 2–104.1 of the Financial Institutions Article.
Md. Code, Public Safety § 3-528 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-528
§3–528.
Status: in_force

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

(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.

(3) “Police officer” has the meaning stated in § 3–201 of this title.

(b) (1) On or before March 1, 2022, and each March 1 thereafter, each local law enforcement agency shall report to the Governor’s Office of Crime Prevention and Policy information, for the previous calendar year, on each use of force incident involving a police officer employed by the law enforcement agency that resulted in a monetary settlement or judgment against the law enforcement agency.

(2) The information reported shall include:

(i) the age, gender, ethnicity, and race of each individual involved in the incident;

(ii) the age, gender, ethnicity, and race of the police officer involved in the incident;

(iii) a brief description of the circumstances surrounding the incident;

(iv) the date, time, and location of the incident;

(v) the date on which the civil action was filed;

(vi) the date on which the civil action was resolved; and

(vii) the amount of the settlement or judgment awarded to the plaintiff.

(c) The Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information required under this section.

(d) On or before June 30 each year, the Governor’s Office of Crime Prevention and Policy shall compile and submit an annual report on the information required under this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(e) The Governor’s Office of Crime Prevention and Policy shall post annually the report required under this section on its website.
Md. Code, Correctional Services § 3-304 — MD Code / Article gcs / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) By contract or purchase of service agreement, the Division may arrange for a person or governmental unit to provide comprehensive rehabilitative prerelease services in a prerelease unit for women.

(b) With the Secretary’s approval, the Commissioner may contract with a person or a municipal or county authority to provide food, housing, transportation, and programs to incarcerated individuals in a prerelease unit for women.

(c) Under a contract with the federal government, the Commissioner may house federal incarcerated individuals in a prerelease unit for women.
Md. Code, Agriculture § 3-206 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

Notwithstanding any other provision of this subtitle, the Secretary may authorize any person not connected with the State laboratory he deems qualified to make experiments with any biological product.
Md. Code, Human Services § 3-404 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) The Montgomery County Department of Health and Human Services is considered to be one agency for purposes of confidentiality provisions of State law.

(b) The use and release of information concerning recipients of State social service and public assistance programs by the Montgomery County Department of Health and Human Services is governed by the confidentiality provisions of State law, including Title 1, Subtitle 2 of this article.
Md. Code, Business Occupations and Professions § 3-210 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) Any person aggrieved by any final action of the Board may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

(b) The Board may appeal from a decision of the circuit court.
Md. Code, Transportation § 3-214 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

The State of Maryland covenants with the holders of all consolidated transportation bonds that the power of the Department to issue or sell general or special obligation bonds, notes, or other evidences of obligation under Articles 62B and 89B of the Code of 1957 has terminated.
Md. Code, Correctional Services § 3-711 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-711
§3–711.
Status: in_force

If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on parole and the parole is revoked, diminution credits that were awarded before the incarcerated individual’s release on parole may not be applied toward the incarcerated individual’s term of confinement on return to the Division.
Md. Code, Economic Development § 3-106 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

The Board shall meet at least 4 times each year.
Md. Code, Health Occupations § 3-503 — MD Code / Article gho / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

A person may not buy, sell, or fraudulently obtain:

(1) A license; or

(2) Any diploma or degree required under § 3–302 of this title.
Md. Code, Corporations and Associations § 3-416 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-416
§3–416.
Status: in_force

Except as provided in § 24–203 of the Commercial Law Article, the court may appoint any person as receiver, including an officer, director, or stockholder of the corporation.
Md. Code, Alcoholic Beverages and Cannabis § 3-102 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

To be issued a manufacturer’s license or a wholesaler’s license, an individual applicant shall be a resident of the State at the time the application is filed.
Md. Code, Courts and Judicial Proceedings § 3-207 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) If a party to an arbitration agreement described in § 3-202 of this subtitle refuses to arbitrate, the other party may file a petition with a court to order arbitration.

(b) If the opposing party denies existence of an arbitration agreement, the court shall proceed expeditiously to determine if the agreement exists.

(c) If the court determines that the agreement exists, it shall order arbitration. Otherwise it shall deny the petition.
Md. Code, Labor and Employment § 3-1309 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1309
§3–1309.
Status: in_force

(a) In this section, “adverse action” includes:

(1) discharge;

(2) demotion;

(3) threatening the employee with discharge or demotion; and

(4) any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from exercising a right under this subtitle.

(b) A person may not interfere with the exercise of or the attempt to exercise any right given under this subtitle.

(c) An employer may not:

(1) take adverse action or discriminate against an employee because the employee exercises in good faith the rights protected under this subtitle;

(2) interfere with, restrain, or deny the exercise by an employee of any right provided for under this subtitle; or

(3) apply an absence control policy that includes earned sick and safe leave absences as an absence that may lead to or result in an adverse action being taken against an employee.

(d) The protections afforded under this subtitle shall apply to an employee who mistakenly, but in good faith, alleges a violation of this subtitle.
Md. Code, Labor and Employment § 3-1503 — MD Code / Article gle / Title 3 / Subtitle 15 / Section 3-1503
§3–1503.
Status: in_force

(a) Except as provided in subsection (b) of this section, an employer may not, at any time before the first in–person interview, require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant.

(b) An employer may require an applicant to disclose during the first in–person interview with the applicant whether the applicant has a criminal record or has had criminal accusations brought against the applicant.
Md. Code, Alcoholic Beverages and Cannabis § 3-105 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) This section applies to:

(1) a corporation; and

(2) a club, whether incorporated or unincorporated.

(b) (1) Except as provided in subsections (c) and (d) of this section, a license on behalf of a corporation or club shall be applied for and issued to three officers of the corporation or club as individuals.

(2) At least one of the three officers shall:

(i) be a resident of the State at the time the application is filed; and

(ii) remain a resident of the State for the duration of time the license is in effect.

(c) If a corporation has fewer than three officers or directors, all officers or directors shall apply for a license.

(d) In a close corporation, at least one individual stockholder may apply for a license if:

(1) the close corporation does not have officers or directors; and

(2) there is an affirmative vote of a majority of the stockholders.

(e) An application for a corporation or a club license shall include:

(1) the name and address of each officer;

(2) the name and address of the corporation or club; and

(3) the signatures of the president or vice president of the corporation or club and of the three officers to whom the license shall be issued.
Md. Code, Agriculture § 3-701 — MD Code / Article gag / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

(a) A person may not willfully and maliciously open the gate of another’s field, pasture, or enclosure that encloses livestock.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Md. Code, Courts and Judicial Proceedings § 3-8A-14.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-14.1
§3–8A–14.
Status: in_force

§3–8A–14.1.

(a) After an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court an application for an arrest warrant prepared by a law enforcement officer.

(b) An application for an arrest warrant under this section shall be:

(1) In writing;

(2) Signed and sworn to by the law enforcement officer; and

(3) Accompanied by an affidavit that sets forth the basis for there being probable cause to believe that:

(i) The child who is the subject of the warrant has committed a delinquent act; and

(ii) Unless the child who is the subject of the warrant is taken into custody, the child:

1. Is likely to leave the jurisdiction of the court;

2. May not be apprehended;

3. May cause physical injury or property damage to another; or

4. May tamper with, dispose of, or destroy evidence.

(c) An arrest warrant requested under subsection (a) of this section may only be issued by the court on a finding of probable cause and shall direct the law enforcement officer to take immediate custody of the child.
Md. Code, Courts and Judicial Proceedings § 3-812 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-812
§3–812.
Status: in_force

(a) (1) In this section the following words have the meanings indicated, unless the context of their use indicates otherwise.

(2) “Abandon” means to leave a child without any provision for support and without any person who has accepted long–term responsibility to maintain care and have custody and control of the child when:

(i) The whereabouts of the parent or guardian are unknown; and

(ii) The local department has made reasonable efforts to locate the parent or guardian over a period of at least 6 months and has been unsuccessful.

(3) “Crime of violence”:

(i) Has the meaning stated in § 14–101 of the Criminal Law Article; or

(ii) As to a crime committed in another state, means a crime that, if committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal Law Article.

(4) “Torture” means to cause intense pain to body or mind for purposes of punishment or extraction of information or for sadistic purposes.

(b) In a petition under this subtitle, a local department may ask the court to find that reasonable efforts to reunify a child with the child’s parent or guardian are not required if the local department concludes that a parent or guardian:

(1) Has subjected the child to any of the following aggravated circumstances:

(i) The parent or guardian has engaged in or facilitated:

1. Chronic or severe physical abuse of the child, a sibling of the child, or another child in the household;

2. Chronic and life–threatening neglect of the child, a sibling of the child, or another child in the household;

3. Sexual abuse of the child, a sibling of the child, or another child in the household; or

4. Torture of the child, a sibling of the child, or another child in the household;

(ii) The parent or guardian knowingly failed to take appropriate steps to protect the child after a person in the household inflicted sexual abuse, severe physical abuse, life–threatening neglect, or torture on the child or another child in the household;

(iii) The child, a sibling of the child, or another child in the household has suffered severe physical abuse or death resulting from abuse by the parent or guardian or another adult in the household and all persons who could have inflicted the abuse or caused the death remain in the household; or

(iv) The parent or guardian has abandoned the child;

(2) Has been convicted, in any state or any court of the United States, of:

(i) A crime of violence against:

1. A minor offspring of the parent or guardian;

2. The child; or

3. Another parent or guardian of the child; or

(ii) Aiding or abetting, conspiring, or soliciting to commit a crime described in item (i) of this item; or

(3) Has involuntarily lost parental rights of a sibling of the child.

(c) If the local department determines after the initial petition is filed that any of the circumstances specified in subsection (b) of this section exists, the local department may immediately request the court to find that reasonable efforts to reunify the child with the child’s parent or guardian are not required.

(d) If the court finds by clear and convincing evidence that any of the circumstances specified in subsection (b) of this section exists, the court shall waive the requirement that reasonable efforts be made to reunify the child with the child’s parent or guardian.

(e) If the court finds that reasonable efforts are not required, the local department shall:

(1) Request that a permanency planning hearing be held in accordance with § 3–823 of this subtitle within 30 days after the court makes the finding; and

(2) Make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and complete the steps necessary to finalize the permanent placement of the child.

(f) If a parent consents to guardianship or adoption in accordance with § 5–320 or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary.
Md. Code, Public Safety § 3-503 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) The purpose of this section is to preserve, promote, and protect public safety and peace in the State.

(b) This section applies to an agent, employee, or representative of another state or a political subdivision of another state who is present in this State to enforce the laws of the other state.

(c) (1) A person subject to this section shall register with the law enforcement agency designated by the governing body of a county when the person enters the county for the purpose of surveillance of the presence or activities of customers or patrons of a business establishment in the State that is engaged in the lawful sale or supply of goods or services.

(2) When registering, a person subject to this section shall provide:

(i) the name and address of the person;

(ii) the name of the person’s employer or principal; and

(iii) the location of the proposed surveillance.

(3) On request, the registration record shall be made available during normal business hours to the public and to lawful business or commercial enterprises in the State.

(d) (1) A person who fails to register in accordance with this section may not register for 6 months after the failure to register is judicially determined.

(2) The registration of a person who violates this section shall be suspended for 6 months after the violation is judicially determined.

(e) A person who violates this section while the person’s right to register is suspended or while the person’s registration is suspended, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Correctional Services § 3-218 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-218
§3–218.
Status: in_force

(a) An officer or other employee of the Division may not:

(1) accept a reward or gift, or a promise of a reward or gift, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual;

(2) receive a devise or bequest, or a promise of a devise or bequest, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual; or

(3) enter into a contract with an incarcerated individual in a correctional facility in the Division or with a person on behalf of an incarcerated individual.

(b) A gift, reward, bequest, devise, promise, or contract accepted, received, or entered into in violation of this section is void.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Criminal Law § 3-906 — MD Code / Article gcr / Title 3 / Subtitle 9 / Section 3-906
§3–906.
Status: in_force

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

(2) “Telegraph company” has the meaning stated in § 1–101 of the Public Utilities Article.

(3) “Telegraph lines” has the meaning stated in § 1–101 of the Public Utilities Article.

(4) “Telephone company” has the meaning stated in § 1–101 of the Public Utilities Article.

(5) “Telephone lines” has the meaning stated in § 1–101 of the Public Utilities Article.

(b) An employee or agent of a telegraph company or telephone company, or of a person operating telegraph lines or telephone lines for profit in the State, may not:

(1) willfully divulge the contents or nature of the contents of a private communication that is entrusted to the person for transmission or delivery; or

(2) willfully refuse or neglect to transmit or deliver a private communication.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 months or a fine not exceeding $500 or both.
Md. Code, Economic Development § 3-103 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

There is a Maryland Manufacturing Advisory Board in the Department.
Md. Code, Business Occupations and Professions § 3-302 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice architecture in the State.

(b) (1) An architect who resides outside the State and meets the requirements for a license by reciprocity under § 3-306 of this subtitle may:

(i) offer to practice architecture in the State; and

(ii) accept a commission to practice architecture in the State.

(2) Notwithstanding paragraph (1) of this subsection, the architect shall be licensed by the Board before the architect may practice architecture in the State.
Md. Code, Correctional Services § 3-209 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) Subject to the policies established by the Commissioner, the Deputy Commissioner is generally in charge of administrative procedures in the Division.

(b) In the absence of the Commissioner, the Deputy Commissioner shall be acting Commissioner.
Md. Code, Insurance § 3-310 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person must obtain a certificate of qualification to act as a surplus lines broker before the person acts as a surplus lines broker in the State.

(b) A person is not required to obtain a certificate of qualification to act as a surplus lines broker in the State if:

(1) the State is not the home state of the insured; and

(2) the surplus lines broker has obtained a license or other authorization from the home state of the insured.
Md. Code, Financial Institutions § 3-710 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-710
§3–710.
Status: in_force

(a) The successor shall act promptly to file and record the agreement in the same manner as required for articles of incorporation.

(b) One of the following certificates may be recorded in any office where deeds are recorded to evidence the new name in which the property of the constituent banks is held:

(1) A certificate of consolidation, merger, or transfer of assets that the Commissioner issues;

(2) A certificate that the Comptroller of the Currency of the United States or the Director of the Office of Thrift Supervision issues to effect a merger or consolidation in which a national banking association or a federally chartered savings bank or savings and loan association is the successor; or

(3) A certificate of consolidation, merger, or transfer of assets issued by the bank supervisory agency of the State by which an other-state bank is chartered.
Md. Code, Health Occupations § 3-102 — MD Code / Article gho / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
Md. Code, Business Regulation § 3-303 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

There is a State Amusement Ride Safety Advisory Board in the Department.
Md. Code, Courts and Judicial Proceedings § 3-1601 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1601
§3–1601.
Status: in_force

In this subtitle, “controlled dangerous substance” has the meaning stated in § 5-101 of the Criminal Law Article.
Md. Code, Courts and Judicial Proceedings § 3-814 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-814
§3–814.
Status: in_force

(a) A child may be taken into custody under this subtitle by any of the following methods:

(1) In accordance with an order of the court;

(2) In accordance with § 5-709 of the Family Law Article; or

(3) By a law enforcement officer if the officer has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection.

(b) Whenever a law enforcement officer takes a child into custody under this section, the officer shall:

(1) Immediately notify the child’s parent, guardian, or custodian;

(2) Immediately notify the local department; and

(3) Keep custody only until the local department either takes custody under § 3-815 of this subtitle or authorizes release of the child unless the officer determines that it is safe to return the child to the child’s parent, custodian, or guardian.

(c) (1) If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a writ of attachment directing that the child be taken into custody and brought before the court.

(2) The court may proceed against the parent, guardian, or custodian for contempt.
Md. Code, Correctional Services § 3-808 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-808
§3–808.
Status: in_force

(a) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant compassionate leave to an incarcerated individual confined in a correctional facility in the Division to visit a member of the incarcerated individual’s immediate family who is seriously ill or attend the funeral of a member of the incarcerated individual’s immediate family.

(b) (1) When granting compassionate leave to an incarcerated individual, the Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration shall:

(i) issue a written authorization that:

1. specifies the conditions of the compassionate leave; and

2. may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings; and

(ii) file a copy of the authorization in the Commissioner’s office.

(2) While on compassionate leave, an incarcerated individual at all times shall possess a copy of the authorization for compassionate leave.

(c) (1) The duration of compassionate leave shall include reasonable time:

(i) for travel; and

(ii) for fulfilling the purpose of the leave.

(2) The Commissioner may require an incarcerated individual to whom compassionate leave is granted or anyone acting on the incarcerated individual’s behalf to reimburse the Division for the expenses incurred by the Division in granting the leave.

(d) The failure of an incarcerated individual to comply with the terms of the incarcerated individual’s authorization for compassionate leave is a violation of § 9–404 of the Criminal Law Article.

(e) The Commissioner may adopt regulations to carry out this section.
Md. Code, Criminal Law § 3-325 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-325
§3–325.
Status: in_force

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

(2) “Personal identifying information” has the meaning stated in § 8–301 of this article.

(3) “Sexual crime” means an act that would constitute a violation of this subtitle, § 3–602 of this title, § 3–902 of this title, or Title 11 of this article.

(b) A person may not use the personal identifying information or identity of an individual without consent to invite, encourage, or solicit another to commit a sexual crime against the individual.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

(d) (1) A State’s Attorney or the Attorney General may investigate and prosecute a violation of this section or a violation of any crime based on the act establishing a violation of this section.

(2) If the Attorney General exercises authority under paragraph (1) of this subsection, the Attorney General has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county or Baltimore City, to investigate and prosecute the violation.

(e) Notwithstanding any other provision of law, the prosecution of a violation of this section or for a violation of any crime based on the act establishing a violation of this section may be commenced in any county in which:

(1) an element of the crime occurred; or

(2) the victim resides.
Md. Code, Natural Resources § 3-215 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: reserved

(a) There is a Local Land Trust Revolving Loan Program.

(b) The purpose of the Program is to:

(1) Support the efforts of local land trusts that work with State and local governmental entities; and

(2) Provide revolving loans to land trusts on a rolling basis to assist the land trusts to purchase fee simple or easement interests in real property for conservation purposes.

(c) (1) The Trust shall:

(i) Administer the Program; and

(ii) Establish application procedures and eligibility criteria for Program loans.

(2) If the Trust approves an applicant’s request for a Program loan, the Trust shall:

(i) Prepare the loan documents; and

(ii) Establish the terms and conditions for the loan.

(d) A land trust that receives a Program loan to purchase property in accordance with subsection (b) of this section shall repay the Fund:

(1) At a rate to be determined by the Trust, not to exceed one point below the prime interest rate; and

(2) After the property is:

(i) Placed under a conservation easement; or

(ii) Transferred to a State or local governmental entity.

(e) Nothing in this section obligates a State or local government entity to accept or purchase from a land trust a conservation easement or transferred property purchased with a Program loan.

(f) Notwithstanding subsection (d)(2) of this section, a land trust shall repay a Program loan and any accrued interest within 5 years after receiving the Program loan, unless the Board of Trustees approves an extension of time based on extenuating circumstances.

(g) If a land trust violates any provision of the loan documents or ceases to meet the requirements of this subtitle, on reasonable notice to the land trust, the Trust may exercise any remedy available under law, including any remedies provided for in the loan documents.

(h) (1) A person may not knowingly make or cause to be made any false statement or report, including any understatement or overstatement of financial condition for a new loan or affecting a loan already made under this subtitle:

(i) In any application or in any document furnished to the Trust; or

(ii) For the purpose of influencing the action of the Trust on an application for financial assistance or for the purpose of influencing any action of the Trust affecting financial assistance whether or not such assistance may have already been extended.

(2) Any person, aider, or abettor who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years or both.
Md. Code, Courts and Judicial Proceedings § 3-1508 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1508
§3–1508.
Status: in_force

(a) An individual who fails to comply with the relief granted in an interim peace order under § 3–1503.1 of this subtitle, a temporary peace order under § 3–1504(a)(2) of this subtitle, or a final peace order under § 3–1505(d)(1)(i), (ii), (iii), or (iv) of this subtitle is guilty of a misdemeanor and on conviction is subject to:

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

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

(b) For the purpose of second or subsequent offender penalties provided under subsection (a)(2) of this section, a prior conviction under § 4–509 of the Family Law Article shall be considered a conviction under this section.

(c) (1) A law enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of an interim peace order, temporary peace order, or final peace order in effect at the time of the violation.

(2) If a law enforcement officer has probable cause to believe that an individual described in paragraph (1) of this subsection is a service member in violation of a military protection order entered into the Federal Bureau of Investigation’s National Crime Information Center database, the law enforcement officer shall notify the law enforcement agency that entered the military protection order into the database that the service member may have violated the military protection order.
Md. Code, Corporations and Associations § 3-502 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: reserved

(a) Articles of extension shall include:

(1) The date the existence of the corporation expired under the terms of its charter;

(2) The date to which the existence of the corporation is to be extended, or a statement that the existence of the corporation is to be perpetual;

(3) A statement that the reinstatement and extension have been approved in the manner and by the vote required by this article and the corporation’s charter, and a statement of the manner of approval; and

(4) A statement that the corporation has been in continuous operation since before the date of expiration.

(b) Articles of extension shall be executed in the manner required by Title 1 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 3-404 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) To be approved, a license renewal application shall:

(1) state whether the facts in the original application have changed and, if so, the manner in which the facts have changed; and

(2) be accompanied by a statement signed by the owner of the licensed premises consenting to:

(i) renewal of the license; and

(ii) search and seizure in the same manner as for an original application.

(b) The Executive Director may not require the consent statement under subsection (a)(2) of this section for a retail dealer applying for renewal if:

(1) the owner signed a comparable consent statement in connection with an original or previous license renewal application;

(2) the consent statement under item (1) of this subsection is in effect for the term of the owner’s lease with the applicant; and

(3) the lease does not expire during the term of the license renewal.
Md. Code, Insurance § 3-220 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-220
§3–220.
Status: in_force

(a) This section does not apply to bank loans or to loans for which security is given.

(b) The attorney in fact of a domestic reciprocal insurer or another person may advance to the reciprocal insurer on reasonable terms any money that the reciprocal insurer requires periodically in its operations.

(c) (1) The money advanced to a reciprocal insurer:

(i) may not be treated as a liability of the reciprocal insurer; and

(ii) except on liquidation of the reciprocal insurer, may be withdrawn or repaid only out of the reciprocal insurer's realized earned surplus in excess of its minimum required surplus.

(2) A withdrawal or repayment may be made only with the previous approval of the Commissioner.
Md. Code, Education § 3-1404 — MD Code / Article ged / Title 3 / Subtitle 14 / Section 3-1404
§3–1404.
Status: in_force

(a) Subject to subsection (b) of this section, the members shall receive compensation as set by the county commissioners.

(b) (1) The salary of each member of the county board shall be at least $3,200.

(2) The salary of the president of the county board shall be at least $3,600.
Md. Code, Real Property § 3-109.1 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-109.1
§3–109.
Status: in_force

§3–109.1.

(a) (1) In Frederick, Carroll, and Talbot counties, the clerk of the circuit court for the respective county shall receive, index, and file in a substantial loose–leaf, linen–backed, or other durable–backed book, copies of plats showing property or rights–of–way to be acquired or conveyed by the board of county commissioners or the governing body of that county.

(2) Each plat may not be greater in size than 22 inches by 36 inches.

(b) When filed and indexed under subsection (a) of this section, a plat constitutes a part of the land records of the county.
Md. Code, Agriculture § 3-602 — MD Code / Article gag / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

In this subtitle, “enclosure” means a common-law enclosure and not an actual enclosure.
Md. Code, Criminal Law § 3-806 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-806
§3–806.
Status: in_force

(a) In this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

(b) This section may not be construed to apply to the use of a laser pointer:

(1) for educational purposes by individuals engaged in an organized meeting or training class; or

(2) during the normal course of work or trade activities.

(c) A person may not knowingly use a laser pointer to illuminate another in a public place in a manner that harasses or endangers the other.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Agriculture § 3-403 — MD Code / Article gag / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

All swine imported into the State for breeding purposes or show purposes shall be accompanied by a health certificate issued by a graduate veterinarian stating that they are free from every infectious or contagious disease, and that no infectious or contagious disease has existed for at least 30 days prior to shipment on the premises from where the swine are shipped. The Secretary shall approve all certificates. This section does not apply to swine imported for immediate slaughter.
Md. Code, General Provisions § 3-208 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

(a) The Board may send to any public body in the State any written opinion that will provide the public body with guidance on compliance with this title.

(b) On request, the Board shall provide a copy of a written opinion to any person.
Md. Code, Real Property § 3-117 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

(a) (1) The clerks of the circuit courts, in conjunction with the Administrative Office of the Courts, shall establish uniform statewide procedures for recording deeds and other instruments to comply with this part.

(2) The procedures shall, at a minimum, include provisions for:

(i) Shielding recorded instruments that contain a program participant’s actual address or identity information; and

(ii) Providing notice to the public of the existence of a shielded instrument and instructions for requesting access to the shielded instrument in accordance with § 3–118 of this subtitle.

(3) Nothing in this section may be interpreted to prohibit a clerk of the circuit court from returning an original deed or any other instrument to the person who submitted the instrument for recordation.

(b) All State and local agencies, including the State Department of Assessments and Taxation and all county, bicounty, municipal, and special taxing district finance offices, shall establish uniform procedures for maintaining records, including tax, utility, and zoning records, in accordance with this part.
Md. Code, Courts and Judicial Proceedings § 3-2402 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2402
§3–2402.
Status: in_force

The purpose of this subtitle is to:

(1) Enable State and local agencies to respond to requests for public records without disclosing the actual address of a Program participant;

(2) Encourage interagency cooperation in providing address confidentiality for Program participants;

(3) Allow governmental entities and persons to accept a Program participant’s use of an address designated by the Office of Information Privacy as a substitute address; and

(4) Provide a Program participant with protections in addition to those provided under Title 3, Subtitle 23 of this article.
Md. Code, Courts and Judicial Proceedings § 3-1403 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1403
§3–1403.
Status: in_force

The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasor.
Md. Code, Correctional Services § 3-512 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-512
§3–512.
Status: in_force

(a) In accordance with subsection (b) of this section and after consulting with the Department of General Services, other contracting units, and political subdivisions, the Division and Maryland Correctional Enterprises shall establish uniform standards for quality, quantity, style, design, delivery, scheduling, and pricing.

(b) (1) The uniform standards developed under subsection (a) of this section shall be designed to reflect planned and forecasted product lines and production operations of Maryland Correctional Enterprises, commensurate with the production ability of Maryland Correctional Enterprises.

(2) After review by the Management Council, Maryland Correctional Enterprises shall send the standards to the appropriate contracting units for inclusion in annual goods and service procurement contracts.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.5 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.5
§3–8A–17.
Status: in_force

§3–8A–17.5.

At a competency hearing, if the court determines that the child is competent, the court shall enter an order stating that the child is competent, lift the stay imposed under § 3-8A-17.1 of this subtitle, and proceed with the delinquency petition or violation of probation petition in accordance with the time periods specified in this subtitle and in the Maryland Rules.
Md. Code, Labor and Employment § 3-707 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-707
§3–707.
Status: in_force

(a) This section applies to a proceeding before an administrative or executive board or any similar body provided by an employer, employee organization, or union to hear employee grievances.

(b) (1) At any proceeding, a deaf employee may request an interpreter.

(2) The request must be in writing and submitted at least 5 days before the proceeding begins.

(c) The employer, employee organization, or union shall notify the deaf employee in writing of the right granted by this section as soon as it is possible or at least 8 days before the hearing begins.

(d) (1) If an interpreter is requested under this section, the employer, employee organization, or union shall request the Department of Disabilities to assist in locating a qualified interpreter to assist at the hearing.

(2) The Department of Disabilities shall promptly assist in locating an interpreter.

(e) The interpreter shall facilitate communication between the affected parties, subject to the code of ethics of the National Registry of Interpreters for the Deaf.

(f) The cost of the interpreter’s services shall be divided equally between the employer and the union or employee organization.
Md. Code, Financial Institutions § 3-304 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) Except as necessary to prevent a loss on a loan previously made in good faith, a commercial bank may not:

(1) Make any loan secured by any of its outstanding capital stock; or

(2) Buy or hold any of its outstanding capital stock.

(b) If a commercial bank buys or holds any of its outstanding capital stock, the commercial bank shall sell the stock at public or private sale within:

(1) 1 year after the date of acquisition; or

(2) Any longer period that the Commissioner authorizes.
Md. Code, Courts and Judicial Proceedings § 3-2502 — MD Code / Article gcj / Title 3 / Subtitle 25 / Section 3-2502
§3–2502.
Status: in_force

(a) A firearm industry member may not knowingly create, maintain, or contribute to harm to the public through the sale, manufacture, distribution, importation, or marketing of a firearm–related product by engaging in conduct that is:

(1) Unlawful; or

(2) Unreasonable under the totality of the circumstances.

(b) A firearm industry member shall establish and implement reasonable controls regarding the sale, manufacture, distribution, importation, marketing, possession, and use of the firearm industry member’s firearm–related products.

(c) A violation of this section is a public nuisance.
Md. Code, Transportation § 3-503 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) Subject to the limitations of this subtitle, the Department from time to time may:

(1) Issue revenue bonds on behalf of and for the benefit of participating counties;

(2) Loan the proceeds of those bonds to the participating counties for use in paying the counties’ cost of transportation facilities; and

(3) Provide for the payment of the principal of and interest on the bonds solely from the revenues pledged for that purpose by the counties participating in an issue of bonds under this subtitle.

(b) The bonds shall be known as “County Transportation Revenue Bonds”.

(c) Bonds issued under this subtitle are not “County Transportation Bonds” under Subtitle 3 of this title.
Md. Code, Public Safety § 3-301 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

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

(b) “Central Repository” has the meaning stated in § 10–101 of the Criminal Procedure Article.

(c) “Commission” means a special police commission issued under this subtitle.

(d) “Secretary” means the Secretary of State Police.

(e) “Special police officer” means an individual who holds a commission issued under this subtitle.
Md. Code, Transportation § 3-103 — MD Code / Article gtr / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

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

(2) “Bonds” means bonds, notes, or other evidences of obligation issued by the Department, including both consolidated transportation bonds and county transportation bonds.

(3) “Code” means the Internal Revenue Code and includes regulations and rulings issued under that Code.

(4) “Proceeds” means moneys received from the sale of the Department’s bonds, and includes any moneys deemed to be proceeds of the Department’s bonds under the Code.

(b) The Secretary, the Treasurer, and the Comptroller shall establish and maintain funds and accounts for the administration, management, investment, and accounting of proceeds, including any investment earnings on proceeds, that may be necessary or appropriate from time to time to comply with the Code and to establish or maintain the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds.

(c) (1) The Secretary and the Treasurer shall manage and invest proceeds, including any investment earnings on proceeds, in a manner so as to maintain the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds.

(2) The Secretary and the Treasurer shall restrict the yields on investments of proceeds if and to the extent necessary to maintain the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds.

(d) The Secretary, the Treasurer, and the Comptroller shall prepare and maintain records of the receipt, deposit, investment, management, disbursement, and application of proceeds, including any investment earnings on proceeds, that may be necessary or appropriate from time to time to comply with the Code and to maintain or verify the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds.

(e) (1) The Secretary, the Treasurer, and the Comptroller shall establish a separate rebate fund to be used to make any payments to the United States with respect to investment earnings on proceeds that may be required from time to time by the Code.

(2) There may be separate accounts within the rebate fund.

(3) Amounts deposited to the rebate fund shall be used only for the purpose of making rebate payments to the United States.

(4) The Secretary, the Treasurer, and the Comptroller shall make payments from the rebate fund as may be required from time to time in order to comply with the Code and to maintain the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds.

(5) Any excess moneys held in the rebate fund with respect to an issue of the Department’s bonds after all required rebate payments for that issue have been made, as certified by the Secretary and the Treasurer, shall be applied in compliance with the Code.

(f) The Secretary, the Treasurer, and the Comptroller shall prepare and file from time to time with the appropriate agency of the United States any forms, information, and reports with respect to the Department’s bonds and the expenditure and investment of proceeds that may be required under the Code.

(g) As necessary or appropriate from time to time to comply with the Code and to establish or maintain the exclusion from gross income for federal income tax purposes of interest on the Department’s bonds, the Secretary, the Treasurer, and the Comptroller shall each:

(1) Take any other or further actions;

(2) Enter into any agreement or covenant regarding the use of proceeds, including any investment earnings on proceeds, the deposit of moneys to the rebate fund and the making of rebate payments; and

(3) Provide certifications of facts and estimates.

(h) This section does not prevent the Board of Public Works and the Department from authorizing the issuance and sale of the Department’s bonds the interest on which is not excludable from gross income for federal income tax purposes.
Md. Code, Corporations and Associations § 3-208 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

(a) Within 50 days after the Department accepts the articles for record, the successor or an objecting stockholder who has not received payment for his stock may petition a court of equity in the county where the principal office of the successor is located or, if it does not have a principal office in this State, where the resident agent of the successor is located, for an appraisal to determine the fair value of the stock.

(b) (1) If more than one appraisal proceeding is instituted, the court shall direct the consolidation of all the proceedings on terms and conditions it considers proper.

(2) Two or more objecting stockholders may join or be joined in an appraisal proceeding.
Md. Code, Health Occupations § 3-404 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

A licensed chiropractor may delegate duties to an assistant to the extent permitted by the rules and regulations of the Board if the assigned duties do not require the professional skill and judgment of a licensed chiropractor. The rules and regulations shall also establish qualifications for the position of chiropractic assistant.