Md. Code, Labor and Employment § 8-909 — MD Code / Article gle / Title 8 / Subtitle 9 / Section 8-909
§8–909.
Status: in_force

(a) (1) This section applies only with respect to service in covered employment under §§ 8–208(a) and 8–212(c) of this title.

(2) This section does not apply with respect to service in other covered employment, including covered employment for a for–profit employing unit, even if the service is provided exclusively for a governmental entity or a charitable, educational, religious, or other organization.

(b) Subject to the provisions of this section, benefits based on service in covered employment under §§ 8–208(a) and 8–212(c) of this title shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service in covered employment.

(c) (1) With respect to services performed in an instructional, research, or principal administrative capacity for an educational institution, benefits may not be paid based on those services for any week of unemployment that begins during:

(i) a period between 2 successive academic years;

(ii) a similar period between 2 regular but not successive terms; or

(iii) a period of contractually provided paid sabbatical leave.

(2) This subsection applies only to any individual who:

(i) performs the services in an instructional, research, or principal administrative capacity in the first of 2 academic years or terms; and

(ii) has a contract or reasonable assurance that the individual will perform the services in an instructional, research, or principal administrative capacity for any educational institution in the second of the 2 academic years or terms.

(d) (1) With respect to services performed for an educational institution in any capacity other than instructional, research, or principal administrative, benefits may not be paid on the basis of the services for any week of unemployment that begins during a period between 2 successive academic years or terms.

(2) This subsection applies to any individual who:

(i) performs the services described in this subsection in the first of 2 academic years or terms; and

(ii) has a reasonable assurance that the individual will perform the services in the second of the 2 successive academic years or terms.

(3) Before July 1 of each year, each educational institution shall provide the Department with the name and Social Security number of each individual who has a reasonable assurance of performing covered employment described under this subsection in the next academic year.

(4) If an individual whose name and Social Security number are required to be submitted to the Department under paragraph (3) of this subsection is not given an opportunity to perform the services for the educational institution for the next successive year or term, the individual shall be eligible for benefits retroactively if the individual:

(i) files a timely claim for each week;

(ii) was denied benefits solely under this subsection; and

(iii) is otherwise eligible for benefits.

(e) (1) With respect to services described in subsections (c) and (d) of this section, an individual may not be eligible for benefits based on the services for any week that begins during an established and customary vacation period or holiday recess.

(2) This subsection applies to any individual who:

(i) performs the services in the period immediately before the vacation period or holiday recess; and

(ii) has a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

(f) (1) In this subsection, “educational service agency” means a governmental entity that is established and operated exclusively to provide educational service to one or more educational institutions.

(2) If any service described in subsection (c) or (d) of this section is performed by an individual in an educational institution while in the employ of an educational service agency, the individual is subject to subsections (c), (d), and (e) of this section and benefits may not be paid if not allowed under subsection (c), (d), or (e) of this section.

(g) If any service described in subsection (b) of this section is provided by an individual to or on behalf of an educational institution, the individual is subject to subsections (c), (d), and (e) of this section and benefits may not be paid if not allowed under subsections (c), (d), and (e) of this section.
Md. Code, Transportation § 8-215 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-215
§8–215.
Status: in_force

(a) The Chairman of the Commission may appoint one or more employees of the Administration to serve as assistant secretaries.

(b) (1) An assistant secretary has the duties provided by law, assigned by the Chairman, or delegated by the Commission secretary.

(2) If the Commission secretary temporarily is unable to perform his duties, an assistant secretary designated by the Chairman shall perform those duties.

(c) An assistant secretary is not entitled to any compensation in addition to that which he receives as an employee of the Administration.
Md. Code, Natural Resources § 8-1902 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1902
§8–1902.
Status: in_force

There is a Chesapeake Bay Trust established to promote public awareness and participation in the restoration and protection of the water quality and aquatic and land resources of the Chesapeake Bay and other aquatic and land resources of the State.
Md. Code, Labor and Employment § 8-102 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) This section is a guide to the interpretation and application of this title.

(b) The General Assembly finds that:

(1) economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of the State;

(2) involuntary unemployment is a subject of general interest and concern that requires appropriate action by the General Assembly to prevent the spread of involuntary unemployment and to lighten its burden, which often falls with crushing force on the unemployed worker and the family of the unemployed worker;

(3) the achievement of security for society requires protection against involuntary unemployment, which is the greatest hazard of our economic lives; and

(4) security for society can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, maintaining the purchasing power, and limiting the serious social consequences of poor relief assistance.

(c) The General Assembly declares that, in its considered judgment, the public good and the general welfare of the citizens of the State require the enactment of this title, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of individuals unemployed through no fault of their own.
Md. Code, Natural Resources § 8-733 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-733
§8–733.
Status: in_force

The Department shall adopt the necessary regulations to implement the provisions of §§ 8-729 through 8-732 of this subtitle.
Md. Code, Election Law § 8-503 — MD Code / Article gel / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

§8–503. IN EFFECT

(a) Each political party shall nominate or provide for the nomination of candidates for presidential elector of the party in accordance with party rules.

(b) The number of candidates nominated by each political party shall be the number that this State is entitled to elect.

(c) (1) The names and residential addresses of individuals nominated as candidates for presidential elector by a political party shall be certified to the State Board by the presiding officers of the political party.

(2) The names and residential addresses of individuals nominated as candidates for presidential elector by a candidate for President of the United States who is nominated by petition shall be certified to the State Board by the candidate.

(3) The electors shall be certified to the State Board at least 30 days before the general election.

§8–503. ** CONTINGENCY – NOT IN EFFECT – CHAPTERS 43 AND 44 OF 2007 **

(a) Each political party shall nominate or provide for the nomination of candidates for presidential elector of the party in accordance with party rules.

(b) The number of candidates nominated by each political party shall be the number that this State is entitled to elect.

(c) (1) The names and residential addresses of individuals nominated as candidates for presidential elector by a political party shall be certified to the State Board by the presiding officers of the political party.

(2) The names and residential addresses of individuals nominated as candidates for presidential elector by a candidate for President of the United States who is nominated by petition shall be certified to the State Board by the candidate.

(3) The electors shall be certified to the State Board at least 30 days before the general election.

(d) If the number of presidential electors nominated is less than or greater than the State’s number of electoral votes, presidential electors shall be nominated as provided for under Article III of § 8–5A–01 of this title.
Md. Code, Insurance § 8-601 — MD Code / Article gin / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

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

(b) “Activities of daily living” includes bathing, continence, dressing, eating, toileting, and transferring.

(c) “Chronically ill” means that an individual:

(1) is unable to perform at least two activities of daily living;

(2) requires substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment; or

(3) has a level of disability similar to that described in item (1) of this subsection.

(d) “Credit enhancer” includes an authorized insurer that provides to a viatical settlement provider stop loss coverage, an annuity policy, an insurance policy, or similar coverage.

(e) “Financing entity” means a person:

(1) that is an underwriter, a placement agent, a lender, a purchaser of securities, a purchaser of a policy or certificate from a viatical settlement provider, a credit enhancer, or an entity that has a direct ownership interest in a policy or certificate that is the subject of a viatical settlement contract; and

(2) (i) whose principal activity related to the transaction is providing funds to effect the viatical settlement or purchase of one or more viaticated policies;

(ii) that has an agreement in writing with one or more registered viatical settlement providers to finance the acquisition of viatical settlement contracts; or

(iii) that is a qualified institutional buyer, as that term is defined in Rule 144A of the federal Securities Act of 1933.

(f) “Fraudulent viatical settlement act” means a fraudulent insurance act as described in § 27–403(6) of this article.

(g) “Policy” means an individual or group policy, group certificate, contract, or arrangement of life insurance that affects the rights of a resident of the State or that bears a reasonable relation to the State, regardless of whether delivered or issued for delivery in the State.

(h) “Related provider trust” means a titling trust or other trust that:

(1) is established by a registered viatical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction; and

(2) has a written agreement with the registered viatical settlement provider under which:

(i) the viatical settlement provider is responsible for ensuring compliance with all statutory and regulatory requirements; and

(ii) the trust agrees to make all records and files related to viatical settlement transactions available to the Commissioner as if those records and files were maintained directly by the registered viatical settlement provider.

(i) “Special purpose entity” means a corporation, partnership, trust, limited liability company, or other similar entity formed solely to provide, either directly or indirectly, access to institutional capital markets for a financing entity or a registered viatical settlement provider.

(j) “Terminally ill” means that an individual has an illness or sickness that can reasonably be expected to result in death in 24 months or less.

(k) (1) “Viatical settlement broker” means an insurance producer who:

(i) is licensed under Title 10, Subtitle 1 of this article to sell life insurance; and

(ii) on behalf of a viator and for a fee, commission, or other valuable consideration offers or attempts to negotiate viatical settlement contracts between a viator and one or more viatical settlement providers.

(2) “Viatical settlement broker” does not include an attorney, certified public accountant, or financial planner accredited by a nationally recognized accreditation agency, who is retained to represent the viator and whose compensation is not paid directly or indirectly by the viatical settlement provider.

(l) (1) “Viatical settlement contract” means a written agreement that establishes the terms under which compensation or anything of value will be paid, which compensation or value is less than the expected death benefit of the policy, in return for the viator’s assignment, transfer, sale, devise, or bequest of the death benefit or ownership of any part of the policy.

(2) “Viatical settlement contract” includes:

(i) a contract for a loan or other financing transaction with a viator secured primarily by a policy, other than a loan by a life insurer under the terms of the policy or a loan secured by the cash value of a policy; and

(ii) an agreement with a viator to transfer ownership or change the beneficiary designation at a later date regardless of the date that compensation is paid to the viator.

(3) “Viatical settlement contract” does not include a contract entered into or effectuated between a viatical settlement provider and a financing entity, a related provider trust, or a special purpose entity.

(m) (1) “Viatical settlement provider” means a person, other than a viator, that enters into or effectuates a viatical settlement contract.

(2) “Viatical settlement provider” does not include an individual who enters into or effectuates no more than one agreement in a calendar year for the transfer of policies for any value less than the expected death benefit.

(n) “Viaticated policy” means a policy that has been acquired by a viatical settlement provider under a viatical settlement contract.

(o) (1) “Viator” means the owner or certificate holder of a policy who enters or seeks to enter into a viatical settlement contract.

(2) “Viator” does not include an accredited investor or qualified institutional buyer, as defined in Regulation D, Rule 501, or Rule 144A of the federal Securities Act of 1933.
Md. Code, Land Use § 8-102 — MD Code / Article glu / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

It is a public purpose in the State to preserve sites, structures, and districts of historical, archaeological, or architectural significance and their appurtenances and environmental settings.
Md. Code, Transportation § 8-715 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-715
§8–715.
Status: in_force

(a) Each application for a permit under this part:

(1) Shall be made on a form provided by the Administration;

(2) Shall be signed by the applicant; and

(3) Shall include the information required by this section.

(b) Each application for an outdoor sign permit shall include:

(1) The name of the county and election district and the approximate distance from the nearest municipal corporation where the applicant proposes to erect or maintain the sign;

(2) A statement as to whether or not the proposed location is within any area over which the General Assembly has granted zoning powers to any agency and, if the proposed location is within such an area:

(i) The name of that area; and

(ii) A certificate that satisfies the Administration that the appropriate agency has approved the erection or maintenance of the sign;

(3) Specifications as to each of the following:

(i) The dimensions and the area in square feet of advertising surface on the sign, as contained within a line drawn around the outer edge of its advertising matter, pictorial design, and all border and trim;

(ii) The distance from the ground to the top of the sign;

(iii) The material used in the construction of the sign; and

(iv) The distance from the sign to the nearest highway;

(4) A plat that accurately shows, for the area within 500 feet of the sign:

(i) The proposed location of the sign with reference to the location of each State highway;

(ii) The location of the boundaries of the State highway; and

(iii) The relative location of any intersection at grade of the State highway with another highway or with a railroad; and

(5) Any other plats or information that the Administration considers necessary to determine whether the sign qualifies for a permit under § 8-716 of this subtitle.
Md. Code, Health Occupations § 8-313 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-313
§8–313.
Status: in_force

The Board shall reinstate the license of a licensee who has failed to renew the license for any reason if the licensee meets the renewal requirements of § 8–312 of this subtitle.
Md. Code, Labor and Employment § 8-1110 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1110
§8–1110.
Status: in_force

To the extent that provisions and definitions of federal unemployment law are in conflict with, or supplement the provisions and definitions in this subtitle, the provisions and definitions of federal unemployment law shall apply.
Md. Code, State Finance and Procurement § 8-401 — MD Code / Article gsf / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

The purpose of this subtitle is to codify the authority of the State Treasurer to enter into a capital lease agreement and to establish a method for financing a capital lease as defined in this subtitle.
Md. Code, Natural Resources § 8-202 — MD Code / Article gnr / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) The Department shall be responsible for planning, development, management, and conservation of the Chesapeake Bay and any other tidal waters, including their shoreline and bottom, and any resources associated with these waters. Also, the Department may:

(1) Plan and develop public recreational facilities in or on the waters of the Chesapeake Bay and other tidal waters;

(2) Assist other State units to plan public recreational facilities for the Chesapeake Bay and other tidal waters;

(3) Cooperate with other units to carry out measures to protect tidal water fronts and waterways of the State against erosion and deposit; and

(4) Act for the State to develop further navigation aids and improvement of waterways in the Chesapeake Bay and other tidal water areas of the State.

(b) The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the Code relating to budget and procurement.

(c) In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.
Md. Code, Labor and Employment § 8-635 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-635
§8–635.
Status: in_force

If the Secretary determines that the best interests of the State will be served, the Secretary may:

(1) adjust, compromise, or settle any claim or judgment for a contribution, reimbursement payment, or interest assessed against an employing unit;

(2) accept a lesser amount; or

(3) issue a release of claim or satisfaction of judgment.
Md. Code, Public Safety § 8-204 — MD Code / Article gps / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

(a) (1) A volunteer company shall submit each request for a grant or loan from the Fund to the Association for approval by a board of review in accordance with the Association’s bylaws.

(2) Each request for a grant or loan shall include:

(i) financial statements for the 2 fiscal years immediately preceding the fiscal year in which the request is made;

(ii) any available audit of the financial statements; and

(iii) a detailed explanation of the reasons for the request.

(3) For each request for a grant or loan from the Fund, the volunteer company shall certify that the volunteer company applied for money from its local government and was denied, either wholly or partly.

(b) (1) If the Association disapproves a request or does not take action within 90 days after the request for any reason other than because funds are not available, the volunteer company requesting a grant or loan may appeal to a panel composed of the president of the Association, the State Fire Marshal, and the chairman of the Fire and Rescue Education and Training Commission.

(2) The decision of the panel is final and is not subject to further review.

(c) On approval of a request for a grant or loan, the Association or the panel shall transmit its recommendation to the Board of Public Works.

(d) As authorized by the Board of Public Works, the Treasurer shall disburse money from the Fund to the Association in the name of a volunteer company for the purposes of this subtitle on warrant of the Comptroller.

(e) The Baltimore City Fire Department may submit a request for a grant or loan from the Fund for the purposes set forth in § 8-203(b) of this subtitle.
Md. Code, Transportation § 8-607 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-607
§8–607.
Status: in_force

Subject to the provisions of Title 9, Subtitle 5 of the Correctional Services Article:

(1) The Administration may employ incarcerated individuals, from correctional facilities in the Division of Correction, to perform reconstruction and maintenance work on any highway; and

(2) On request of the Administration, the Division of Correction shall provide the Administration with incarcerated individuals who, in the sole judgment of the Division of Correction, can be utilized safely for this work with appropriate security.
Md. Code, Agriculture § 8-301 — MD Code / Article gag / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) The 23 soil conservation districts are established and continued with boundaries corresponding to county boundaries and include all land and water and incorporated areas, as follows:

(1) Allegany Soil Conservation District;

(2) Anne Arundel Soil Conservation District;

(3) Baltimore County Soil Conservation District;

(4) Calvert Soil Conservation District;

(5) Caroline Soil Conservation District;

(6) Carroll Soil Conservation District;

(7) Cecil Soil Conservation District;

(8) Charles Soil Conservation District;

(9) Dorchester Soil Conservation District;

(10) Frederick County Soil Conservation District;

(11) Garrett Soil Conservation District;

(12) Harford Soil Conservation District;

(13) Howard Soil Conservation District;

(14) Kent Soil Conservation District;

(15) Montgomery Soil Conservation District;

(16) Prince George’s Soil Conservation District;

(17) Queen Anne’s Soil Conservation District;

(18) St. Mary’s Soil Conservation District;

(19) Somerset Soil Conservation District;

(20) Talbot Soil Conservation District;

(21) Washington County Soil Conservation District;

(22) Wicomico Soil Conservation District; and

(23) Worcester Soil Conservation District.

(b) A Baltimore City Soil Conservation District may be established and continued with boundaries corresponding to the boundaries of Baltimore City.
Md. Code, State Finance and Procurement § 8-216 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

Grant anticipation notes may not be sold under this Part III of this subtitle until the State unit receives from the grantor a written commitment for the grant.
Md. Code, Estates and Trusts § 8-105 — MD Code / Article get / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Fees due to the register;

(2) Costs and expenses of administration;

(3) Funeral expenses as provided in § 8–106 of this subtitle;

(4) Compensation of personal representatives as provided in § 7–601 of this article, for legal services as provided in § 7–602 of this article, and commissions of licensed real estate brokers;

(5) Family allowance as provided in § 3–201 of this article;

(6) Unpaid child support due by the decedent;

(7) Taxes due by the decedent;

(8) Reasonable medical, hospital, and nursing expenses of the last illness of the decedent;

(9) Rent payable by the decedent for not more than three months in arrears;

(10) Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent;

(11) Assistance paid under the Public Assistance to Adults Program, as provided in § 5–407(d) of the Human Services Article; and

(12) All other claims.

(b) (1) A preference may not be given in the payment of a claim over another claim of the same class.

(2) A claim due and payable is not entitled to a preference over claims not yet due.
Md. Code, Labor and Employment § 8-5A-04 — MD Code / Article gle / Title 8 / Subtitle 5A / Section 8-5A-04
§8–5A–04.
Status: in_force

The Board shall hear and decide appeals from the decisions of the Lower Appeals Division and claims for benefits referred by the Secretary under § 8–5A–09 of this subtitle.
Md. Code, Natural Resources § 8-1813 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1813
§8–1813.
Status: in_force

(a) From June 1, 1984, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in § 8–1807(a) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:

(1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and

(2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.

(b) On or after June 1, 2002, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in § 8–1807(b) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:

(1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and

(2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.

(c) With regard to any application for project approval described in subsection (a) or (b) of this section, a local approving authority shall require any additional information from an applicant as is necessary in order to make the findings required by subsection (a) or (b) of this section.

(d) This section shall remain in effect in a local jurisdiction until such time as an approved program becomes effective.

(e) This section does not apply to any application in the Chesapeake Bay Critical Area initially filed prior to March 1, 1984, or any application in the Atlantic Coastal Bays Critical Area filed prior to June 1, 2002.
Md. Code, Public Utilities § 8-108 — MD Code / Article gpu / Title 8 / Subtitle 1 / Section 8-108
§8–108.
Status: in_force

(a) A telegraph company doing business in this State shall:

(1) receive telegrams from and for other telegraph companies and from or for any individual; and

(2) except as provided in subsection (b) of this section, transmit telegrams received:

(i) in the manner established by the rules and regulations of the telegraph company;

(ii) in the order received; and

(iii) with impartiality and good faith.

(b) Subsection (a) of this section does not apply to a telegraph company that makes an arrangement with newspapers for the transmission of information of general and public interest out of the order received for the purpose of publication.

(c) A telegraph company that violates subsection (a) of this section is liable to the person sending or desiring to send the telegram for:

(1) $100 for each instance of neglect or refusal to receive or transmit a telegram; and

(2) the costs of the suit.
Md. Code, Human Services § 8-505 — MD Code / Article ghu / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) A local management board shall apply for money from the Fund in accordance with procedures established by the Children’s Cabinet.

(b) In connection with an application for money under subsection (a) of this section, a local management board shall develop and submit a community partnership agreement that:

(1) reflects coordination with:

(i) the State’s 3-year plan for children, youth, and families; and

(ii) any local government plan for services for children, youth, and families, including the local substance abuse plan developed in accordance with Title 8, Subtitle 10 of the Health - General Article; and

(2) addresses the priorities and strategies of the county for meeting the identified needs of children and families as articulated in the local management board’s 5-year strategic plan regarding:

(i) youth development;

(ii) prevention services;

(iii) crisis and early intervention;

(iv) services for children at risk of out-of-home placement or returning from out-of-home placement; and

(v) out-of-home placement and treatment.

(c) The Children’s Cabinet may disburse money to a local management board subject to the terms, conditions, performance measures, or outcome evaluations that the Children’s Cabinet considers necessary.

(d) The local management board shall use the money to implement:

(1) a local interagency services delivery system for children, youth, and families in accordance with the community partnership agreement; and

(2) any terms, conditions, and performance measures that the Children’s Cabinet requires.
Md. Code, Human Services § 8-1309 — MD Code / Article ghu / Title 8 / Subtitle 13 / Section 8-1309
§8–1309.
Status: in_force

(a) (1) The Commission shall:

(i) assist in the identification of any State program or service that impacts children, youth, families, and older adults;

(ii) assist in the development of a statewide strategy toward an organizational culture shift into a trauma–responsive State government;

(iii) establish metrics, in collaboration with the Maryland Department of Health, to evaluate and assess the progress of the statewide trauma–informed care initiative;

(iv) coordinate and develop with the Maryland Department of Health any formal or informal trauma–informed care training;

(v) disseminate information among agencies regarding best practices for preventing and mitigating the impact of trauma on children, youth, families, and older adults;

(vi) advise and assist the Governor in providing oversight and accountability in implementing the requirements of this subtitle;

(vii) submit a report using the Commission’s established evaluation and assessment metrics, as described in item (iii) of this paragraph, that includes an assessment of:

1. the implementation of trauma–informed care policies within each agency; and

2. the trauma–responsiveness of each agency; and

(viii) make recommendations regarding improvements to existing laws relating to children, youth, families, and older adults in the State.

(2) On or before June 30 each year, the Commission shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) (1) In this subsection, “Program” means the Adverse Childhood Experiences (ACEs) Aware Program.

(2) In consultation with the Maryland Department of Health, the Department of Human Services, and the Maryland Health Care Commission, the Commission shall:

(i) study developing a process and framework for implementing an Adverse Childhood Experiences (ACEs) Aware Program in the State; and

(ii) implement the Program.

(3) The purpose of the Program is to screen for adverse childhood experiences and toxic stress to provide targeted evidence–based interventions to support individual and family health, in order to improve individual and family well–being and reduce health care costs.

(4) As part of the study, the Commission shall:

(i) propose a process to set up training and an accreditation process for providers in the Program; and

(ii) explore the possibility of third–party reimbursement, including the State Medical Assistance Program, for screenings under the Program.

(5) On or before October 1 each year, beginning in 2022, the Commission shall report its findings and recommendations regarding the development and implementation of the Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Tax - Property § 8-220 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-220
§8–220.
Status: in_force

(a) The General Assembly states that it is in the public interest to provide for the development of lands in a planned manner.

(b) The development of lands in a planned manner is necessary to:

(1) obtain economic and environmental benefits;

(2) relieve economic pressures that result from the assessment of planned development land at levels inconsistent with planned development;

(3) aid the assembly of land for planned development land;

(4) facilitate cooperation among landowners; and

(5) permit holding of planned development land in an undeveloped status for orderly and staged improvement, particularly for the development of new communities.
Md. Code, Human Services § 8-1308 — MD Code / Article ghu / Title 8 / Subtitle 13 / Section 8-1308
§8–1308.
Status: in_force

(a) A majority of members serving on the Commission is a quorum.

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

(c) A member of the Commission:

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

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Human Services § 8-701 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-701
§8–701.
Status: in_force

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

(b) “Agency” means:

(1) the Maryland Department of Health;

(2) the Department of Human Services; or

(3) the Department of Juvenile Services.

(c) “Certified program administrator” means an individual who is:

(1) certified by the State Board for Certification of Residential Child Care Program Professionals under Title 20 of the Health Occupations Article; and

(2) responsible for the day–to–day management and operation of a residential child care program and for assuring the care, treatment, safety, and protection of the children in the residential child care program.

(d) “Plan” means the State Resource Plan for Residential Child Care Programs.

(e) “Provider” means a for profit or nonprofit entity licensed by an agency to operate a residential child care program.

(f) Except as provided in § 8–707 of this subtitle, “residential child care program” does not include sites licensed by the Developmental Disabilities Administration.
Md. Code, Health Occupations § 8-6C-19 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-19
§8–6C–19.
Status: in_force

(a) Unless the Board agrees to accept the surrender of the license:

(1) A licensed direct–entry midwife may not surrender a license; and

(2) A license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on an agreement with the licensed direct–entry midwife under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Courts and Judicial Proceedings § 8-301 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) At each interval set in a jury plan for a county, its jury commissioner shall have names selected from the source pool in the number that the jury commissioner decides will satisfy the needs for jury service for the interval.

(b) Names selected under this section constitute a prospective juror pool.
Md. Code, Criminal Law § 8-613 — MD Code / Article gcr / Title 8 / Subtitle 6 / Section 8-613
§8–613.
Status: in_force

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

(2) “Service” includes the use of telephone or telegraph facilities, gas, electricity, or a musical instrument, phonograph, or other property.

(3) “Vending machine” includes a slot machine, pay telephone, or other receptacle designed to receive United States currency in connection with the sale or use of property or of a service.

(b) A person may not:

(1) operate, cause to be operated, or attempt to operate or cause to be operated a vending machine by a means not lawfully authorized by the owner, lessee, or licensee of the vending machine, including by means of a slug or by counterfeit, mutilated, sweated, or foreign currency;

(2) take, obtain, or receive from or in connection with a vending machine any property or service, without depositing into the vending machine United States currency in the amount required by the owner, lessee, or licensee of the vending machine; or

(3) manufacture for sale, sell, or give away a slug or device that is intended to be deposited in a vending machine if the person:

(i) intends to defraud the owner, lessee, licensee, or other person entitled to the contents of the vending machine; or

(ii) knows that the slug or device is intended for unlawful use.

(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, Criminal Law § 8-520 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-520
§8–520.
Status: in_force

(a) In this section, “public safety officer” means:

(1) a police officer;

(2) a paid or volunteer fire fighter;

(3) an emergency medical technician;

(4) a rescue squad member;

(5) the State Fire Marshal; or

(6) a sworn officer of the State Fire Marshal.

(b) This section does not prohibit, limit, or interfere with the right of an off-duty public safety officer who is not in uniform from participating in a charitable or other fundraising campaign.

(c) A person may not encourage, solicit, or receive contributions of money or any thing of value for, or offer any thing for sale in, a charitable or other fundraising campaign by representing to the public that the charitable or other fundraising campaign is approved by:

(1) a police or fire department in the State without the prior written consent of the chief administrative officer of the police or fire department or from the chief administrative officer’s designee; or

(2) a public safety officer or member of the family of a public safety officer without the prior written consent of the public safety officer or a family member of the public safety officer.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both for each violation.
Md. Code, State Government § 8-101 — MD Code / Article gsg / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

In this subtitle, “Council” means the Governor’s Executive Council.
Md. Code, Natural Resources § 8-1917 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1917
§8–1917.
Status: in_force

(a) (1) The Trust, in consultation with the Corps Board, shall make grants to qualified organizations for the creation or expansion of full– and part–time Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Programs, that involve citizens of all ages throughout the State, to carry out this part.

(2) Corps programs shall engage and develop volunteers and stipend volunteers in environmental and energy conservation projects.

(3) Eligible Corps Program expenses include personnel costs, stipends, supplies, and other materials for projects undertaken by Corps Program volunteers.

(b) The Trust, in consultation with the Corps Board, shall develop guidelines for evaluating applications from qualified organizations.

(c) The guidelines developed in accordance with subsection (b) of this section shall:

(1) Consider the capability of the qualified organization to carry out Corps programs or projects;

(2) Encourage and consider multiyear, multipartner proposals, local match, cost–sharing agreements, and in–kind match as factors in evaluating Corps Program grant applications; and

(3) Require grant applications to describe how the qualifying organization intends to:

(i) Assess the skills of Corps Program volunteers;

(ii) Provide life skills and work skills training;

(iii) Provide training and education, in addition to the training provided as a part of the main Corps Program;

(iv) Develop, where relevant, agreements for academic study with:

1. Local education agencies;

2. Community colleges;

3. 4–year colleges;

4. Area charter high schools and vocational–technical schools; and

5. Community–based organizations;

(v) Provide career and educational guidance;

(vi) Recruit participants without high school diplomas; and

(vii) Recruit retired and semi–retired seniors and other qualified individuals with relevant experience to train Corps Program volunteers and participate in Corps projects by volunteering their experience and skills.

(d) A grant agreement regarding funds from the Trust shall:

(1) Specify the allowed use of the funds provided under the grant, including accountability measures and performance requirements;

(2) Take into account the need for efficient multiyear funding and administration of the funds; and

(3) Include provisions for verification that Corps programs and projects are being implemented as planned.
Md. Code, Transportation § 8-902 — MD Code / Article gtr / Title 8 / Subtitle 9 / Section 8-902
§8–902.
Status: in_force

There is a competitive matching grant program within the Department known as the “Complete Streets Program”.
Md. Code, Labor and Employment § 8-506 — MD Code / Article gle / Title 8 / Subtitle 5 / Section 8-506
§8–506.
Status: in_force

(a) (1) A hearing examiner shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties.

(2) (i) A hearing examiner is not bound by statutory or common law rules of evidence or technical rules of procedure.

(ii) A hearing examiner shall consider evidence offered in accordance with § 10–213 of the State Government Article.

(b) (1) (i) A hearing examiner may not participate in any proceeding in which the hearing examiner has a direct or indirect interest.

(ii) The status of the Secretary as a party to a case may not constitute a direct or indirect interest as to a hearing examiner.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, ex parte communications are subject to § 10–219 of the State Government Article.

(ii) Section 10–219(d) of the State Government Article does not apply to ex parte communications under this subtitle.

(c) (1) A hearing examiner may consolidate claims by more than one individual or claims by a single individual for 2 or more weeks of unemployment if:

(i) the same or substantially similar evidence is relevant and material to the matters at issue; and

(ii) in the judgment of the hearing examiner, the consolidation would not be prejudicial to a party.

(2) When claims are consolidated under this subsection, the hearing examiner may:

(i) set the same time and place for considering each claim;

(ii) conduct joint hearings;

(iii) make a single record of the proceedings; and

(iv) consider evidence that is introduced in a proceeding for one claim as having been introduced for another claim.

(d) (1) A record shall be kept, in accordance with § 10–218 of the State Government Article, of all testimony and proceedings before a hearing examiner.

(2) Testimony shall be transcribed if:

(i) judicial review is initiated; or

(ii) the hearing examiner or the Board of Appeals orders a transcription.

(e) (1) A witness who is subpoenaed under this subtitle is entitled to compensation at a rate that the chief hearing examiner sets.

(2) The compensation of a witness who is subpoenaed on behalf of the Lower Appeals Division or a claimant shall be considered part of the expense of administering this title.

(f) The Lower Appeals Division may not charge a claimant a fee in any proceeding under this title.

(g) (1) A hearing examiner promptly shall give each party to a proceeding before it written notice of its decision by mailing the notice to each party at the last known address of the party or business address of a licensee in accordance with § 10–209(a) of the State Government Article, or otherwise delivering the notice.

(2) The notice shall:

(i) include the findings of fact and conclusions of law that support the decision;

(ii) be accompanied by any order necessary to give effect to the decision; and

(iii) conform to the requirements of § 10–221 of the State Government Article.
Md. Code, State Finance and Procurement § 8-405 — MD Code / Article gsf / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) Except for capital leases used to finance energy performance contracts excluded from tax supported debt under § 8–104 of this title, the Treasurer shall, at a reasonable market rate, capitalize the payments on a capital lease authorized under this subtitle on an annual basis for each fiscal year the lease is in effect.

(b) The greater of the amount determined for a given fiscal year under subsection (a) of this section or the amount of any purchase value at the termination of a capital lease authorized under this subtitle shall be included in the tax supported debt considered by the Capital Debt Affordability Committee in its annual estimate for that fiscal year under Subtitle 1 of this title.
Md. Code, State Government § 8-105 — MD Code / Article gsg / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

The Governor may appoint an executive secretary for the Council.
Md. Code, Health Occupations § 8-202 — MD Code / Article gho / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) (1) The Board consists of 14 members.

(2) Of the 14 Board members:

(i) 9 shall be registered nurses;

(ii) 1 shall be a licensed nurse who is either a licensed practical nurse, a registered nurse, or an advanced practice registered nurse;

(iii) 2 shall be licensed practical nurses; and

(iv) 2 shall be consumers.

(3) Of the 9 registered nurse members:

(i) 2 shall be advanced practice registered nurses;

(ii) 1 shall be a baccalaureate nursing educator with, at least, a master’s degree in nursing or education;

(iii) 1 shall be an associate degree nursing educator with, at least, a master’s degree in nursing or education;

(iv) 1 shall be a practical nursing educator with, at least, a master’s degree in nursing or education;

(v) 1 shall be a nurse administrator with, at least, a master’s degree in nursing administration, business administration, business management, education, or public health;

(vi) 1 shall be a nurse clinician with at least a master’s degree in nursing or public health;

(vii) 1 shall be a currently practicing nurse, who has practiced acute care for at least 5 years, with a bachelor of science degree in nursing; and

(viii) 1 shall be a currently practicing nurse who has practiced as a delegating nurse in a supervised group living setting, as defined in COMAR 10.27.11.02(21), for at least 5 years.

(4) Of the 2 licensed practical nurse members, at least 1 shall practice in a long–term care nursing facility.

(b) (1) The Governor shall appoint:

(i) The advanced practice registered nurse members, with the advice of the Secretary, from a list of qualified individuals jointly developed in accordance with the requirements of subsection (a)(3)(i) of this section and submitted to the Secretary and the Governor by the:

1. Maryland Association of Nurse Anesthetists, Inc.;

2. Nurse Practitioners Association of Maryland, Inc.;

3. Maryland Academy of Advanced Practice Clinicians;

4. Maryland Chapter, American College of Nurse–Midwives; and

5. Psychiatric Advance Practice Nurses of Maryland; and

(ii) The other registered nurse members, with the advice of the Secretary, from:

1. A list of qualified individuals submitted to the Secretary and the Governor by:

A. The Maryland Nurses Association, Inc.; or

B. Any other professional nursing organization that represents at least 25 licensed registered nurses; or

2. A valid petition submitted to the Secretary and the Governor by a registered nurse with an active license under this title.

(2) The Governor shall appoint the licensed practical nurse members, with the advice of the Secretary, from:

(i) A list of qualified individuals submitted to the Secretary and the Governor by:

1. The Maryland Licensed Practical Nurse Association, Inc.; or

2. Any other professional nursing organization representing at least 25 licensed practical nurses; or

(ii) A valid petition submitted to the Secretary and the Governor by a licensed practical nurse with an active license under this title.

(3) A list submitted to the Secretary and the Governor under this subsection shall be 5 times the number of vacancies.

(4) A petition submitted to the Secretary and the Governor under this subsection shall:

(i) For a registered nurse member vacancy, have at least 25 signatures of support from registered nurses with active licenses in the State;

(ii) For an advanced practice registered nurse member vacancy, have at least 25 signatures of support from advanced practice registered nurses with active licenses in the State; and

(iii) For a licensed practical nurse member vacancy, have at least 25 signatures of support from licensed practical nurses with active licenses in the State.

(5) The Board shall provide notice of a vacancy on the Board to:

(i) All registered nurses, advanced practice registered nurses, and licensed practical nurses with an active license in the State; and

(ii) All appropriate professional nursing organizations.

(6) The Governor may request an additional list of 5 nominees for each vacancy from the appropriate professional nursing organizations.

(7) The Governor shall make the appointment for each vacancy from the lists or petitions submitted under this subsection.

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

(9) To the extent practicable, the members appointed to the Board shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.

(c) Each member of the Board shall be:

(1) A citizen of the United States; and

(2) A resident of this State.

(d) (1) A registered nurse member of the Board shall:

(i) Have graduated from an approved school of nursing or its equivalent; and

(ii) Have at least 5 years of experience in nursing administration, education, or practice, which includes at least the 3 years immediately before the appointment.

(2) A member of the Board who is an advanced practice registered nurse shall:

(i) Hold a current license to practice registered nursing in this State;

(ii) Hold a current certification in an advanced practice registered nursing specialty in this State; and

(iii) Have at least 5 years of experience in an advanced practice registered nursing education program or practice, including at least the 3 years immediately before the appointment.

(e) A licensed practical nurse member of the Board shall have at least 5 years of experience in the practice of licensed practical nursing, which includes at least the 3 years immediately before the appointment.

(f) Each consumer member of the Board:

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

(2) May not be or ever have been a registered nurse or licensed practical nurse or in training to become a registered nurse or licensed practical nurse;

(3) May not have a household member who is a registered nurse or licensed practical nurse or in training to become a registered nurse or licensed practical nurse;

(4) May not participate or ever have participated in a commercial or professional field related to registered nursing or licensed practical nursing;

(5) May not have a household member who participates in a commercial or professional field related to registered nursing or licensed practical nursing; or

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

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

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

(i) (1) The term of a member is 4 years, except that the initial term of 1 of the consumer members is 2 years.

(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1981.

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

(4) A member who is appointed after a term has begun may serve an additional 2 consecutive full terms.

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

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

(j) (1) The Governor may remove a member for incompetence, misconduct, neglect of a duty required by law, unprofessional conduct, or dishonorable conduct.

(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Education § 8-202 — MD Code / Article ged / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

The General Assembly finds that:

(1) A gifted and talented student needs different services beyond those normally provided by the regular school program in order to develop the student’s potential; and

(2) Gifted and talented students are to be found in youth from all cultural groups, across all economic strata, and in all areas of human endeavor.
Md. Code, Agriculture § 8-803.8 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-803.8
§8–803.
Status: in_force

§8–803.8.

(a) Except for enforcement as authorized under § 8–803.5(g) of this subtitle, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf.

(b) A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf.

(c) Subsections (a) and (b) of this section do not exempt a person from complying with any provision of, or any regulation adopted in accordance with, the Environment Article.
Md. Code, Real Property § 8-705 — MD Code / Article grp / Title 8 / Subtitle 7 / Section 8-705
§8–705.
Status: in_force

(a) The Department shall register a ground lease when the Department receives a registration form.

(b) If for any reason the Department is unable to register a ground lease for which a registration form has been submitted, the Department shall notify the ground lease holder of that ground lease, within 30 days of processing the registration form, of any information needed by the Department so as to complete the registration.
Md. Code, Agriculture § 8-803.6 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-803.6
§8–803.
Status: in_force

§8–803.6.

(a) (1) The Department shall, in consultation with the University of Maryland, establish a program to certify professional fertilizer applicators.

(2) The certification program shall provide professional fertilizer applicators with training and education in the following subject areas:

(i) The proper use and calibration of fertilizer application equipment;

(ii) The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to:

1. Surface water subject to the jurisdiction of the State;

2. The Chesapeake Bay and its tributaries;

3. A pond within the State;

4. A lake within the State;

5. A river within the State;

6. A stream within the State;

7. A public ditch within the State;

8. A tax ditch within the State; and

9. A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage;

(iii) All applicable State and federal laws, rules, and regulations;

(iv) The correct interpretation of fertilizer labeling information; and

(v) The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to:

1. Apply fertilizer when rain is forecast; and

2. Apply fertilizer when soils are wet and the potential for fertilizer movement off–site exists.

(b) In establishing the certification program, the Department may:

(1) Charge reasonable fees, including an annual recertification fee, to cover costs associated with the certification program;

(2) Require continuing education or training for professional fertilizer applicators;

(3) Designate one or more entities to train, certify, and recertify professional fertilizer applicators, which may charge fees to cover the reasonable costs associated with the certification training and education; and

(4) Recognize the training program of an entity employing professional fertilizer applicators if the program meets the certification and recertification training and education standards established by the Department under this section.

(c) The Department shall publish and maintain a list of all certified professional fertilizer applicators and make the list available on the Department’s Internet Web site.

(d) The Department may adopt regulations to implement this section.
Md. Code, Transportation § 8-710 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-710
§8–710.
Status: in_force

(a) Each applicant for a license or the renewal of a license under this part shall pay an annual fee established by the Administration, based on the number of outdoor sign structures.

(b) If a license is issued in any month after May, the fee for that license shall be prorated according to the number of months, including the month of its issuance, that remain in the license year.
Md. Code, Health Occupations § 8-503 — MD Code / Article gho / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

(a) The Board may appoint peer advisory committees to provide the Board with expert advice related to the practice of nursing by advanced practice nurses and the practice of midwifery by licensed certified midwives.

(b) A member of a peer advisory committee is entitled to receive:

(1) Compensation, as determined by the Board; and

(2) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Labor and Employment § 8-1304 — MD Code / Article gle / Title 8 / Subtitle 13 / Section 8-1304
§8–1304.
Status: in_force

A person may not, without just cause, fail or refuse to obey a subpoena issued under § 8–306(c) or § 8–5A–06(b) of this title if the person has the power to obey the subpoena.
Md. Code, Transportation § 8-608 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-608
§8–608.
Status: in_force

(a) To eliminate the possibility of boring and jacking under a State highway and to eliminate the cost of future installation of utility facilities, the Administration, if requested by any county, shall include in the specifications for any new State highway in that county the installation of utility sleeves.

(b) (1) These utility sleeves shall be:

(i) Made of metal, reinforced concrete, or other suitable material;

(ii) Large enough to accommodate water mains, gas mains, electric lines, telephone cables, and any other utility facilities requested by the county; and

(iii) Installed from right-of-way to right-of-way.

(2) Utility sleeves installed for future use shall be bricked over at each end and marked properly by the Administration or the county.

(c) The county shall reimburse the Administration for the cost of the utility sleeves.
Md. Code, Real Property § 8-212.1 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-212.1
§8–212.
Status: in_force

§8–212.1.

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

(2) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(3) “Active service member” means “service member” as defined in § 9–901 of the State Government Article.

(4) “Change of assignment” includes:

(i) Permanent change of station orders;

(ii) Temporary duty orders for a period exceeding 90 days;

(iii) Orders requiring a person to move into quarters located on a military installation; and

(iv) A release from active duty, including:

1. Retirement;

2. Separation or discharge under honorable conditions; and

3. Demobilization of an activated member of a reserve component who was serving on active duty orders for at least 180 consecutive days.

(5) “Reserve component” has the meaning stated in § 9–901 of the State Government Article.

(b) Notwithstanding any other provision of this title, if an active service member or the active service member’s spouse enters into a residential lease of property and the active service member subsequently receives a change of assignment, before or after occupying the property, any liability of the active service member or the active service member’s spouse, for rent under the lease may not exceed:

(1) Any rent or lawful charges then due and payable plus 30 days’ rent after written notice and proof of the change of assignment is given to the landlord; and

(2) The cost of repairing damage to the premises caused by an act or omission of the tenant.
Md. Code, Courts and Judicial Proceedings § 8-302 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) In accordance with an agreement, if any, under § 8–213 of this title, a juror qualification form in substantially the following form shall be provided to each prospective juror:

Juror Qualification Form

Name:

Resident address:

Telephone: (home) _________ (work) _________ (cellular) _______

Age: _____ Date of Birth:__________

If you are over 70 years of age, do you wish to be exempted from jury services? _____Yes _____No

U.S. Citizen? _____Yes _____No

Able to comprehend, read, speak, and write English? _____Yes _____No

Highest level of education completed:

___ high school ___ college ___ graduate school ___ other

Occupation of prospective juror: __________

Name of employer: ___________

Occupation of spouse, if any: __________

Disability preventing satisfactory jury service? _____Yes _____No

Do you want an accommodation under the federal Americans with Disabilities Act? _____Yes _____No

Pending charge for a crime punishable by imprisonment exceeding 1 year? _____Yes _____No

Conviction of crime punishable by imprisonment exceeding 1 year and received a sentence of imprisonment for more than 1 year and not legally pardoned? _____Yes _____No

Date of Conviction __________

_____Elected official of the federal Legislative Branch, as defined in 2 U.S.C. § 30a.

_____Active duty member of armed forces, as defined in § 9–901 of the State Government Article, exempted in accordance with 10 U.S.C. § 982.

_____Active duty member of the commissioned corps of the National Oceanic and Atmospheric Administration, exempted in accordance with 10 U.S.C. § 982, as made applicable by 33 U.S.C. § 307(a)(6).

_____Member of Maryland’s organized militia exempted in accordance with Public Safety Article § 13–218.

Prior jury service within 3 preceding years: __________

Form completed by me _____ Another (name) _____ and, if another, why?

Under the penalties of perjury, the responses are true to the best of my knowledge

Signed:________________________________________________

Prospective Juror

Individual completing form for prospective juror:

This form must be completed, signed, and returned to the jury commissioner within 10 days after receipt. Documentation for excusal due to disability, exemption based on armed forces or militia service, pardons, and/or prior jury service must be attached.

(b) A juror qualification form for a county may include other questions as the county’s jury plan requires.
Md. Code, Correctional Services § 8-107 — MD Code / Article gcs / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) The Commission consists of the following 12 members:

(1) the Attorney General;

(2) the Secretary of General Services;

(3) the Secretary of Budget and Management; and

(4) the following nine members appointed by the Governor with the advice and consent of the Senate:

(i) two members of the public who are not directly employed in the field of corrections;

(ii) two correctional personnel from State government;

(iii) two correctional personnel from local government;

(iv) one official or employee of a national correctional accreditation organization;

(v) one elected official from a local governing body; and

(vi) one member who is licensed, certified, or registered by the State as a mental health or medical professional.

(b) (1) Except as provided in paragraph (2) of this subsection:

(i) the term of a member of the Commission is 3 years; and

(ii) the terms of the members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 1999.

(2) (i) The Attorney General, Secretary of General Services, and Secretary of Budget and Management shall serve as ex officio members of the Commission.

(ii) An ex officio member of the Commission may serve personally at any Commission meeting or designate a representative from the ex officio member’s unit who may act at any Commission meeting to the same effect as if the ex officio member were personally present.

(c) (1) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(2) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
Md. Code, Tax - General § 8-411 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-411
§8–411.
Status: in_force

A public service company may claim a credit against the public service company franchise tax for wages paid to qualified employees as provided under Title 6, Subtitle 3 of the Economic Development Article.
Md. Code, Election Law § 8-505 — MD Code / Article gel / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

§8–505. IN EFFECT

(a) (1) The individuals elected to the office of presidential elector shall meet in the State House in the City of Annapolis on the day provided by the Constitution and laws of the United States.

(2) The conduct of the meeting shall be consistent with the requirements of federal law.

(b) (1) Before proceeding to perform the duties of their office, the presidential electors who are present shall fill any vacancy in the office of elector, whether the vacancy is caused by absence or other reason.

(2) An individual appointed to fill a vacancy is entitled to all rights and privileges of the duly elected electors.

(c) After taking the oath prescribed by Article I, § 9 of the Maryland Constitution before the Clerk of the Court of Appeals or, in the Clerk’s absence, before one of the Clerk’s deputies, the presidential electors shall cast their votes for the candidates for President and Vice President who received a plurality of the votes cast in the State of Maryland.

§8–505. ** CONTINGENCY – NOT IN EFFECT – CHAPTERS 43 AND 44 OF 2007 **

(a) (1) The individuals elected to the office of presidential elector shall meet in the State House in the City of Annapolis on the day provided by the Constitution and laws of the United States.

(2) The conduct of the meeting shall be consistent with the requirements of federal law.

(b) (1) Before proceeding to perform the duties of their office, the presidential electors who are present shall fill any vacancy in the office of elector, whether the vacancy is caused by absence or other reason.

(2) An individual appointed to fill a vacancy is entitled to all rights and privileges of the duly elected electors.

(c) After taking the oath prescribed by Article I, § 9 of the Maryland Constitution before the Clerk of the Court of Appeals or, in the Clerk’s absence, before one of the Clerk’s deputies, the presidential electors shall cast their votes for the candidates for President and Vice President who received a plurality of the votes cast in the national popular vote total defined in § 8–5A–01 of this title.
Md. Code, Agriculture § 8-404 — MD Code / Article gag / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) When the Secretary of State has examined, received, filed, and recorded the application, in the book for the recording of applications for the organization of districts, the old districts shall cease to exist, and the resulting districts shall constitute political subdivisions of the State and public bodies corporate and politic. The Secretary of State shall issue to the supervisors of each resulting district, under the seal of the State, a certificate of constitution by division or combination, or both, of any district, and shall record the certificate with the application and statement.

(b) Upon the issuance of the certificate of constitution, every ordinance and rule or regulation previously adopted and in force within the former districts has no further force and effect. Any contract, to which the former district or its supervisors are parties, is effective for the period provided in the contract. The Committee shall be substituted for the district or supervisors as a party to the contract. The Committee is entitled to every benefit and subject to every liability under the contract and has the same right and liability to perform, to require performance, to sue and be sued, and to modify or terminate any contract by mutual consent or otherwise, as the supervisors of the former district.

(c) The Committee may designate and direct any new district to act as its agent to carry out any contract or duty, enforce any right, or perform any other work which accrues to it under this section on account of the division or combination, or both, of an old district.

(d) Any district constituted by division or combination, or both, and its supervisors have the same powers and are subject to the same restrictions as any district continued in accordance with § 8–301 of this title and its supervisors.
Md. Code, Labor and Employment § 8-908 — MD Code / Article gle / Title 8 / Subtitle 9 / Section 8-908
§8–908.
Status: in_force

An individual is not eligible for benefits for any week that begins during a period between 2 successive athletic seasons or other similar period based on covered employment substantially all of which consists of training or preparing to participate or participating in sports and athletic events if:

(1) the individual performed the employment in the first season or similar period; and

(2) there is reasonable assurance that the individual will perform the service in the second season or similar period.
Md. Code, Courts and Judicial Proceedings § 8-401 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

(a) Whenever a grand or trial jury is needed, a jury commissioner shall:

(1) Summons qualified jurors in the number needed; and

(2) Have the summons served as the jury plan requires.

(b) A jury commissioner shall address mail to an individual’s usual business or resident address.

(c) A summons sent to an individual with a juror qualification form shall instruct the individual to report for jury service unless a jury commissioner instructs otherwise.
Md. Code, Human Services § 8-1001 — MD Code / Article ghu / Title 8 / Subtitle 10 / Section 8-1001
§8–1001.
Status: in_force

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

(b) (1) “Cooperating department” means a unit of the State government responsible for out–of–home placement of children.

(2) “Cooperating department” includes:

(i) the Department of Juvenile Services; and

(ii) the Department of Human Services.

(c) “Direct care staff” means staff assigned to perform direct responsibilities related to activities of daily living, self–help, and socialization skills of children in a residential child care program.

(d) “Out–of–home placement” means:

(1) the removal of a child from the child’s family; and

(2) the placement of the child by a cooperating department or court in a public or private residential child care program, a residential program operated by or under contract with the Department of Juvenile Services, a foster care home approved by a local department of social services, or a treatment foster care home for more than 30 days.

(e) “System for outcomes evaluation” means an objective and standardized method of measuring the effectiveness of the programs described in subsection (d)(2) of this section.
Md. Code, Education § 8-301 — MD Code / Article ged / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

In this subtitle, “blind child” means a child 6 years old or older and under 19 who has a visual impairment and because of that impairment cannot progress satisfactorily in an ordinary public or private school.
Md. Code, Public Utilities § 8-201 — MD Code / Article gpu / Title 8 / Subtitle 2 / Section 8-201
§8–201.
Status: in_force

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

(2) “Economic unit” means all adult individuals contributing to and sharing in the income and expenses of a household.

(3) “Household” means an individual or a group of individuals who are living together at the same address as one economic unit.

(4) “Lifeline” means a nontransferable retail service offering provided directly to qualifying low–income consumers for which qualifying low–income consumers pay reduced charges as a result of federal or State lifeline support.

(5) “Qualifying low–income consumer” means an individual who:

(i) meets the qualifications for lifeline under 47 C.F.R. §§ 54.400, 54.409, and 54.410; and

(ii) is certified to receive lifeline.

(b) Except as provided in subsection (i) of this section, this section applies only to a local telephone company and the provision of local telephone service.

(c) At the direction of the Commission, a local telephone company with more than 10,000 subscribers shall offer lifeline to qualifying low–income consumers subject to the following conditions:

(1) no other local voice telephone service may be provided to the household of the qualifying low–income consumer applying for lifeline; and

(2) an inside wiring maintenance plan is not provided to the qualifying low–income consumer.

(d) (1) A qualifying low–income consumer may select a lifeline under either paragraph (2) or (3) of this subsection.

(2) A qualifying low–income consumer who selects lifeline under this paragraph:

(i) shall receive:

1. an individual residential local exchange access line; and

2. the first 30 residential local untimed messages each billing month at no additional charge;

(ii) shall be charged:

1. 50% of the lowest applicable and approved federal and State tariff rates for the access line and included residential local untimed messages, minus any applicable waiver of federal tariff provisions for qualifying low–income consumers, plus all applicable federal, State, and local taxes;

2. the full applicable tariff rates for all other residential local untimed messages; and

3. the full applicable tariff rates for all other services; and

(iii) may not be provided any premium services, including foreign zone or foreign exchange service.

(3) A qualifying low–income consumer who selects lifeline under this paragraph:

(i) shall receive an individual residential local exchange access line with unlimited residential local untimed messages for a monthly charge of $10; and

(ii) may purchase up to two value–added services at the full applicable tariff rates.

(e) The telephone company shall charge to the qualifying low–income consumer all applicable federal, State, and local taxes and fees.

(f) (1) A telephone company may not require payment of an order processing charge or line change charge to change a qualifying low–income consumer to lifeline from any other class of residential telephone service.

(2) An individual who is no longer a qualifying low–income consumer may not be charged a fee to change from lifeline to any other class of residential telephone service.

(g) (1) A telephone company may not request a deposit to secure payment in connection with the initial installation or connection of lifeline.

(2) A qualifying low–income consumer applying for service may be denied service if the qualifying low–income consumer:

(i) has an outstanding unpaid net telephone debt of $100 or more for prior telephone service; and

(ii) has not established a reasonable payment plan to satisfy the debt.

(3) A qualifying low–income consumer may not be denied service if the qualifying low–income consumer has an outstanding unpaid net telephone debt of less than $100 for prior telephone service.

(h) (1) To the extent allowed by federal and State law, the Department of Human Services shall provide to local telephone companies that offer lifeline monthly electronic access to a file containing a list of qualifying low–income consumers until the Federal Communications Commission or its designee determines eligibility.

(2) To obtain access to the file maintained by the Department of Human Services, a local telephone company must enter into a memorandum of understanding with the Department of Human Services that governs access to use, confidentiality, and retention of the file.

(3) The grant of access to the file satisfies the certification requirement of subsection (a)(5) of this section.

(4) Once the Federal Communications Commission or its designee determines eligibility, that determination will satisfy the certification requirement under subsection (a)(5) of this section.

(i) The Department of Human Services may certify consumers as qualifying low–income consumers if they use services other than local telephone service.

(j) Nothing in this section may be construed to establish jurisdiction by the Commission over wireless services, broadband services, voice over Internet protocol services, or other services that are not provided through telephone lines.
Md. Code, General Provisions § 8-102 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) This section does not apply to claims, records, or statements related to State or local taxes.

(b) A person may not:

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

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

(3) conspire to commit a violation under this title;

(4) have possession, custody, or control of money or other property used or to be used by or on behalf of a governmental entity and knowingly deliver or cause to be delivered to the governmental entity less than all of that money or other property;

(5) (i) be authorized to make or deliver a receipt or other document certifying receipt of money or other property used or to be used by a governmental entity; and

(ii) make or deliver a receipt or document intending to defraud the governmental entity, knowing that the information contained in the receipt or document is not true;

(6) knowingly buy or receive as a pledge of an obligation or a debt publicly owned property from an officer, employee, or agent of a governmental entity who lawfully may not sell or pledge the property;

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

(8) knowingly conceal, or knowingly and improperly avoid or decrease, an obligation to pay or transmit money or other property to a governmental entity, including misrepresenting the time at which a trade was made to make the transaction appear less favorable; or

(9) knowingly make any other false or fraudulent claim against a governmental entity.

(c) (1) A person that is found to have violated subsection (b) of this section is liable to the governmental entity for:

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

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

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

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

(1) the number, nature, and severity of the violations of this title for which the person has been found liable;

(2) the number, nature, and severity of any previous violations of this title;

(3) the degree of loss suffered by the governmental entity;

(4) the person’s history of billing compliance;

(5) whether the person has a compliance program in place;

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

(7) any funds previously returned to the governmental entity in compliance with federal requirements regarding overpayments, to the extent the funds represented losses to the governmental entity caused by the violation;

(8) (i) whether the person self–reported the violation;

(ii) the timeliness of the self–reporting;

(iii) the extent to which the person otherwise cooperated in the investigation of the violation; and

(iv) the extent to which the person had prior knowledge of an investigation or other action relating to the violation; and

(9) any other factor as justice requires.

(e) The penalties provided in subsection (c) of this section are in addition to any criminal, civil, or administrative penalties provided under any other State or federal statute or regulation.
Md. Code, Health Occupations § 8-6B-27 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-27
§8–6B–27.
Status: in_force

A person who violates any provision of § 8–6B–23 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
Md. Code, Natural Resources § 8-1302 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1302
§8–1302.
Status: in_force

The General Assembly declares that flood prevention, conservation, sediment or erosion protection, and prevention of urban development within the Watershed is a public benefit and conducive to the public health, safety, and welfare.
Md. Code, Family Law § 8-212 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-212
§8–212.
Status: in_force

If an annulment or a divorce has been granted by a court in a foreign jurisdiction, a court in this State may exercise the powers under this subtitle if:

(1) one of the parties was domiciled in this State when the foreign proceeding was commenced; and

(2) the court in the other jurisdiction lacked or did not exercise personal jurisdiction over the party domiciled in this State or jurisdiction over the property at issue.
Md. Code, Financial Institutions § 8-308 — MD Code / Article gfi / Title 8 / Subtitle 3 / Section 8-308
§8–308.
Status: in_force

After notifying the Secretary, the Division Director may:

(1) Subpoena witnesses and administer oaths or affirmations in the examination of any controlling person, director, officer, employee, or agent of an association or related entity, or of any other person in relation to the affairs, transactions, and conditions of the association or related entity;

(2) Require the production of records, books, papers, contracts, and other documents; and

(3) Issue subpoenas duces tecum.
Md. Code, Courts and Judicial Proceedings § 8-311 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-311
§8–311.
Status: in_force

At the request of a trial judge, a jury commissioner may distribute to qualified jurors a questionnaire with regard to any matter, including a conviction or pending civil jury trial that may be a basis for disqualification as a juror in a particular case.
Md. Code, Health Occupations § 8-6D-05 — MD Code / Article gho / Title 8 / Subtitle 6D / Section 8-6D-05
§8–6D–05.
Status: in_force

(a) (1) The Board shall set reasonable fees for the issuance and renewal of licenses and other services it provides to licensed certified midwives.

(2) The fees charged shall be set to produce funds to approximate the cost of maintaining the licensing program and the other services to licensed certified midwives.

(b) (1) The Board shall pay all fees collected under this subtitle to the Comptroller.

(2) The Comptroller shall distribute all fees to the Board of Nursing Fund.

(c) The fees collected under this section shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by this subtitle.
Md. Code, Insurance § 8-103 — MD Code / Article gin / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) This subtitle does not affect the rights of policyholders, claimants, or creditors of a controlled insurer, or other third parties.

(b) This subtitle does not affect the responsibility of any person to comply with applicable provisions of Title 7 of this article.
Md. Code, Transportation § 8-335 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-335
§8–335.
Status: in_force

To condemn property under this part, the Commission shall:

(1) File a petition for condemnation in the court for the county in which the property to be acquired is located; and

(2) Pay to the owner of the property or into the court for the owner’s benefit, the amount that the Commission estimates to be the fair value of the property to be acquired and fair compensation for any damage resulting to the remaining property of the owner.
Md. Code, Real Property § 8-203.1 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-203.1
§8–203.
Status: in_force

§8–203.1.

(a) A receipt for a security deposit shall notify the tenant of the following:

(1) The right to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant’s occupancy;

(2) The right to be present when the landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant’s intended move, of the tenant’s intention to move, the date of moving, and the tenant’s new address;

(3) The landlord’s obligation to conduct the inspection within 5 days before or after the tenant’s stated date of intended moving;

(4) The landlord’s obligation to notify the tenant in writing of the date of the inspection;

(5) The tenant’s right to receive, by first–class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy;

(6) The obligation of the landlord to return any unused portion of the security deposit, by first–class mail, addressed to the tenant’s last known address within 45 days after the termination of the tenancy; and

(7) A statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney’s fees.

(b) The landlord shall retain a copy of the receipt for a period of 2 years after the termination of the tenancy, abandonment of the premises, or eviction of the tenant, as the case may be.

(c) The landlord shall be liable to the tenant in the sum of $25 if the landlord fails to provide a written receipt for the security deposit.
Md. Code, Business Regulation § 8-607 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-607
§8–607.
Status: in_force

A person may not:

(1) make a substantial misrepresentation when obtaining a home improvement contract;

(2) make a false promise that is likely to influence, persuade, or induce in connection with a home improvement contract;

(3) misrepresent a material fact when applying for a license; or

(4) fail to give the written notice required under § 8-501(c)(2) and (3) of this title.
Md. Code, Natural Resources § 8-731 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-731
§8–731.
Status: in_force

(a) A secured party may assign, absolutely or otherwise, all or part of the secured party’s security interest in the vessel to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as secured party until the assignee is named as secured party on the certificate of title.

(b) The assignee shall deliver to the Department the certificate of title if available and an assignment by the secured party named in the certificate of title in the form the Department may prescribe accompanied by a filing fee as required for perfection of the security interest under § 8-729 (b) of this subtitle. The assignee’s security interest is perfected as of the time of its creation if delivery and payment to the Department are completed within 10 days of the date of its creation; otherwise, the assignee’s security interest is perfected as of the time the assignee delivers the certificate and payment to the Department.
Md. Code, State Finance and Procurement § 8-129 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-129
§8–129.
Status: in_force

(a) With the approval of the Board, the Governor shall dispose of unspent proceeds of an enabling act within 1 year after the termination of the State debt authorization under § 8-128 of this subtitle.

(b) The Governor shall:

(1) use the proceeds to reduce State debt authorizations, as provided in § 8-126(b) through (d) of this subtitle;

(2) allocate the proceeds to the Construction Contingency Fund, as provided in § 3-609 of this article; or

(3) order the proceeds to be credited to the Annuity Bond Fund, to pay the outstanding bonded indebtedness of the State.

(c) The Board shall enforce the provisions of this section.
Md. Code, Transportation § 8-401 — MD Code / Article gtr / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

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

(b) “County” does not include Baltimore City.

(c) “Debt service” means the amount annually needed to pay the maturing principal of and interest on bonds, notes, and other evidences of obligation and to meet sinking fund requirements for these purposes.

(c–1) “Eligible municipality” means a municipality authorized by law to construct or maintain streets or roads.

(d) “Highway user revenues” means the capital grants appropriated to Baltimore City, counties, and municipalities under § 8–403(b) of this subtitle.

(e) “Municipality” means any municipal corporation, special taxing district, or other political subdivision of this State other than a county or Baltimore City.
Md. Code, Health - General § 8-6C-03 — MD Code / Article ghg / Title 8 / Subtitle 6C / Section 8-6C-03
§8–6C–03.
Status: in_force

The Department shall adopt regulations to:

(1) Establish timelines and procedures for requests for Partnership funding, consistent with this subtitle;

(2) Establish guidelines that require programs to bill third–party insurers; and

(3) Manage the Fund and authorize distribution of money from the Fund in accordance with this subtitle.
Md. Code, Tax - Property § 8-420 — MD Code / Article gtp / Title 8 / Subtitle 4 / Section 8-420
§8–420.
Status: in_force

(a) On or before the beginning of each taxable year and before half-year taxes are due, the supervisors shall prepare and deliver to the collector for each county an assessment roll to be used to prepare the tax roll.

(b) Each assessment roll shall contain for each listed property:

(1) the name and address of the owner;

(2) a brief description of the property; and

(3) the value and assessment of the property.

(c) From the assessment roll, the collector shall prepare a tax roll that contains the information from the assessment roll that is necessary to prepare the property tax bill.

(d) If data processing equipment is used to prepare assessment rolls, the property tax rolls and property tax bills shall describe the properties as they are listed in the assessment records.
Md. Code, Election Law § 8-703 — MD Code / Article gel / Title 8 / Subtitle 7 / Section 8-703
§8–703.
Status: in_force

(a) The second congressional district consists of the following parts of Baltimore City:

(1) ward 13, precincts 1, 2, and 4;

(2) ward 27, precincts 40, 41, 42, 43, 44, 45, 47, and 49;

(3) that part of ward 13, precinct 3 that consists of the following:

(i) census tract 1306.00, blocks 4002 and 4003;

(ii) census tract 1307.00, blocks 4003, 4004, and 4006 through 4009;

(iii) census tract 1308.04, blocks 1002 through 1010, 2000 through 2006, 2013, and 2016; and

(iv) census tract 1308.06, block 1011;

(4) that part of ward 13, precinct 5 that consists of census tract 1308.06, block 1012;

(5) that part of ward 13, precinct 12 that consists of the following:

(i) census tract 1306.00, blocks 4000 and 4001; and

(ii) census tract 1307.00, blocks 2002, 2006 through 2010, 3000, 3002, 3003, 3005 through 3007, 4005, and 6003 through 6007;

(6) that part of ward 13, precinct 13 that consists of census tract 1307.00, blocks 3001 and 3004;

(7) that part of ward 27, precinct 38 that consists of census tract 2711.01, blocks 2000, 2001, 2003 through 2005, 3014, and 3015;

(8) that part of ward 27, precinct 39 that consists of census tract 2712.00, blocks 3000 through 3008, 3012, and 3013; and

(9) that part of ward 27, precinct 46 that consists of the following:

(i) census tract 2711.02, block 1013; and

(ii) census tract 2714.00, blocks 3000 through 3017.

(b) The district also includes the following parts of Baltimore County:

(1) election districts 4 through 6, 8, and 9;

(2) election district 1, precincts 3, 4, 11 through 13, and 17;

(3) election district 2, precincts 11 through 22, 24 through 27, 29, and 30;

(4) election district 3, precincts 2 and 5 through 14;

(5) election district 10, precincts 2 and 7;

(6) election district 11, precincts 7 through 13, 15 through 19, 21, 25, and 27;

(7) election district 14, precincts 1 through 7, 9, 10, and 12 through 14;

(8) election district 15, precincts 3 through 5, 7 through 19, 23, 24, and 26;

(9) that part of election district 1, precinct 2 that consists of the following:

(i) census tract 4015.06, blocks 1000, 1001, and 1003; and

(ii) census tract 4015.07, blocks 1003 through 1011, 1013 through 1016, 2000 through 2006, and 2008 through 2012;

(10) that part of election district 1, precinct 9 that consists of census tract 4009.00, blocks 1000 through 1005, 1007, 1013, 1015, 1019, 1021, and 1022;

(11) that part of election district 1, precinct 10 that consists of the following:

(i) census tract 4009.00, blocks 1006, 1008 through 1012, 1014, 1016 through 1018, 1020, and 1023 through 1025;

(ii) census tract 4010.00, blocks 1003 through 1005, 1010, 1015, and 2000 through 2010; and

(iii) census tract 4014.00, blocks 1000 through 1003 and 1008 through 1016;

(12) that part of election district 1, precinct 14 that consists of the following:

(i) census tract 4004.00, blocks 4006 through 4009 and 5000 through 5006; and

(ii) census tract 4005.00, block 1022;

(13) that part of election district 2, precinct 3 that consists of census tract 4024.07, blocks 1004, 1007, 1008, 1010, and 1013 through 1015;

(14) that part of election district 2, precinct 8 that consists of census tract 4026.04, blocks 1000 through 1007, 1011 through 1023, 2000, 2001, 2014 through 2019, and 2024;

(15) that part of election district 7, precinct 1 that consists of census tract 4070.02, blocks 2052 and 2058;

(16) that part of election district 7, precinct 3 that consists of the following:

(i) census tract 4070.01, blocks 1000 through 1021 and 2007 through 2026; and

(ii) census tract 4070.02, blocks 2056, 2059 through 2065, 2068, and 2069;

(17) that part of election district 11, precinct 4 that consists of census tract 4113.02, blocks 1036, 1037, 1048, and 2027;

(18) that part of election district 11, precinct 6 that consists of census tract 4114.06, block 2012;

(19) that part of election district 11, precinct 14 that consists of census tract 4113.03, block 4000;

(20) that part of election district 14, precinct 8 that consists of the following:

(i) census tract 4404.00, blocks 2015 through 2017 and 3008 through 3017;

(ii) census tract 4405.00, blocks 1015 and 1023 through 1027; and

(iii) census tract 4410.00, blocks 1000 through 1017, 1019 through 1022, 2000, 2008, and 2014;

(21) that part of election district 14, precinct 11 that consists of the following:

(i) census tract 4411.01, blocks 1010 through 1012; and

(ii) census tract 4411.02, blocks 1009, 2006, 2007, 2010 through 2012, and 3000 through 3007;

(22) that part of election district 15, precinct 1 that consists of census tract 4523.00, block 2000; and

(23) that part of election district 15, precinct 2 that consists of the following:

(i) census tract 4501.00, blocks 1000 through 1021, 2000, 2001, 2009 through 2012, 2022 through 2027, and 3000 through 3052; and

(ii) census tract 4512.00, blocks 1003, 1022 through 1025, 1027 through 1031, and 2033.

(c) The district also includes the following parts of Carroll County:

(1) election districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; and

(2) that part of election district 14, precinct 1 that consists of census tract 5141.00, blocks 1000 through 1009, 1013, and 2000 through 2022.
Md. Code, Insurance § 8-206 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-206
§8–206.
Status: in_force

(a) The Commissioner shall deny or refuse to renew a certificate of qualification if the applicant or holder of the certificate of qualification:

(1) has willfully violated this article or another law of the State that relates to insurance;

(2) has intentionally misrepresented or concealed a material fact in an application for a certificate of qualification;

(3) has obtained or attempted to obtain a certificate of qualification by misrepresentation, concealment, or other fraud;

(4) has misappropriated, converted, or unlawfully withheld money that belongs to an insurer, insurance producer, beneficiary, or insured;

(5) has willfully and materially misrepresented the provisions of a policy;

(6) has committed fraudulent or dishonest practices in the insurance business;

(7) has participated, with or without the knowledge of an insurer, in selling motor vehicle insurance without the intention to sell the insurance, as evidenced by a persistent pattern of filing certificates of insurance together with or closely followed by cancellation notices for the insurance;

(8) has been convicted by final judgment in any state or federal court of a crime involving moral turpitude;

(9) has knowingly participated in writing or issuing substantial over-insurance of property insurance risks;

(10) has failed to pass an examination required by this subtitle;

(11) has willfully failed to comply with or has willfully violated a proper order or regulation of the Commissioner;

(12) has failed or refused to pay over on demand money that belongs to an insurer, insurance producer, or other person entitled to the money;

(13) has otherwise shown a lack of trustworthiness or competence to act as a managing general agent;

(14) is not or does not intend to carry on business in good faith and represent to the public that the person is a managing general agent;

(15) has been denied a license or certificate as a managing general agent or has had a license or certificate suspended or revoked in another state;

(16) has intentionally or willfully made or issued, or caused to be made or issued, a statement that materially misrepresents or makes incomplete comparisons about the terms or conditions of a policy or contract issued by an authorized insurer, for the purpose of inducing or attempting to induce the owner of the policy or contract to forfeit or surrender it or allow it to lapse in order to replace it with another; or

(17) has transacted insurance business that was directed to the applicant or holder for consideration by a person whose license or certificate to engage in the insurance business at the time was suspended or revoked, and the applicant or holder knew or should have known of the suspension or revocation.

(b) The Commissioner shall deny a certificate of qualification to an applicant or refuse to renew, suspend, or revoke a certificate of qualification if the applicant or holder of the certificate of qualification:

(1) is insolvent;

(2) is conducting business fraudulently;

(3) unreasonably refuses or delays payment to claimants of amounts due them;

(4) fails to pay any final judgment entered against the applicant or holder in the State within 60 days after the judgment becomes final;

(5) has a certificate of qualification revoked or suspended by the insurance regulatory authority in another state;

(6) is found by the Commissioner to be in:

(i) an unsound condition; or

(ii) a condition that makes further transaction of business hazardous to policyholders or the public; or

(7) refuses to:

(i) be examined;

(ii) produce its accounts, records, and files for examination by the Commissioner; or

(iii) provide additional information that the Commissioner requests while considering an application for renewal of a certificate of qualification.

(c) The Commissioner may suspend or revoke a certificate of qualification for any ground listed in § 10-126 of this article.

(d) Instead of or in addition to denying, refusing to renew, suspending, or revoking a certificate of qualification, the Commissioner may:

(1) impose a penalty of not less than $100 but not exceeding $50,000 for each violation of this article;

(2) require that restitution be made to any person that has suffered financial injury because of the violation of this article; and

(3) impose any other penalty authorized by this article.

(e) This section does not limit the rights of policyholders or claimants.
Md. Code, State Finance and Procurement § 8-112 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-112
§8–112.
Status: in_force

(a) The Committee shall review on a continuing basis the size and condition of the State tax supported debt as well as other debt of State units, including the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and the Baltimore City Community College.

(b) On or before October 20 of each year, the Committee shall submit to the Governor and the General Assembly the Committee’s estimate of the total amount of new State debt that prudently may be authorized for the next fiscal year.

(c) In making the estimate, the Committee shall consider:

(1) the amount of State bonds that, during the next fiscal year:

(i) will be outstanding; and

(ii) will be authorized but unissued;

(2) the capital program prepared by the Department of Budget and Management;

(3) capital improvement and school construction needs during the next 5 fiscal years, as projected by the Interagency Commission on School Construction;

(4) projections of debt service requirements during the next 10 fiscal years;

(5) the criteria that recognized bond rating agencies use to judge the quality of issues of State bonds;

(6) any other factor that is relevant to:

(i) the ability of the State to meet its projected debt service requirements for the next 5 fiscal years; or

(ii) the marketability of State bonds;

(7) the effect of authorizations of new State debt on each of the factors set out in this subsection; and

(8) the amount of issuances, debt outstanding, and debt service requirement of other classes of State tax supported debt as well as other debt of State units, including the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and the Baltimore City Community College.

(d) The estimate of the Committee:

(1) is advisory; and

(2) does not bind the General Assembly, the Board, or the Governor.

(e) (1) In this subsection, “System” and “academic facilities” have the meanings stated in § 19–101 of the Education Article.

(2) In addition to its other duties under this section, the Committee shall review on a continuing basis the size and condition of any debt of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and the Baltimore City Community College.

(3) In preparing an estimate with respect to the authorization of any new State debt, the Committee shall take into account as part of the affordability analysis any debt for academic facilities to be issued by a System.

(4) At the same time that the Committee makes its report as required under subsection (b) of this section, the Committee shall submit to the Governor and the General Assembly the Committee’s estimate of the amount of new bonds for academic facilities that prudently may be authorized in the aggregate for the next fiscal year by the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and the Baltimore City Community College.

(5) The Committee may request any needed information from a System and shall consider the information in making its estimates, including any information submitted by a System at its own initiative.

(6) This estimate:

(i) is advisory; and

(ii) does not bind the General Assembly, the Board, or the Governor.
Md. Code, State Personnel and Pensions § 8-203 — MD Code / Article gsp / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) (1) This subsection applies to employees in the Maryland Department of Health who:

(i) have direct contact with patients; and

(ii) are in a position classified in one of the following bargaining units:

1. Bargaining Unit D for Health and Human Services Non–Professionals;

2. Bargaining Unit E for Health Care Professionals;

3. Bargaining Unit F for Social and Human Services Professionals;

4. Bargaining Unit G classified as a teacher or a librarian; or

5. Bargaining Unit H for Public Safety and Security Personnel.

(2) The pay rate for an employee at the Clifton T. Perkins Hospital who is not receiving a forensic pay premium shall be at least two grades higher than the employee’s pay rate effective June 30, 2020.

(3) Notwithstanding any other provision of law, the pay rate for an employee in the Behavioral Health Administration or the Developmental Disabilities Administration shall be equal to the pay rate effective July 1, 2020, for similarly trained, qualified, or licensed employees at the Clifton T. Perkins Hospital if the employee works at:

(i) a facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year; or

(ii) the Regional Institutes for Children and Adolescents – Baltimore and Rockville.

(4) This subsection may not be construed to decrease the pay rate of any employee.

(b) (1) For any facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year, the facility shall:

(i) beginning July 1, 2020, ensure that any new employees hired for a security personnel position at the facility are employed in a Security Attendant position;

(ii) beginning July 1, 2020, reclassify any employee in a Building Security Officer position into a Security Attendant position on the successful completion by the employee of a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article; and

(iii) beginning July 1, 2021, ensure that the Security Attendant employee–to–patient ratio is not less than:

1. one Security Attendant employee for every three patients in maximum security facilities; and

2. one Security Attendant employee for every 12 patients in minimum security facilities.

(2) This subsection may not be construed to eliminate the position, or decrease pay, of any employee in a Building Security Officer position who chooses not to participate in, or fails, a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article.
Md. Code, Land Use § 8-204 — MD Code / Article glu / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

Subject to any requirements of the local jurisdiction that relate to the acceptance and use of gifts by public officials, a commission may accept and use gifts as needed to perform its duties.
Md. Code, Criminal Law § 8-214 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-214
§8–214.
Status: in_force

(a) A person may not use or disclose any credit card number or other payment device number or holder’s signature unless:

(1) the person is the holder of the credit card number or payment device number;

(2) the disclosure is made to the holder or issuer of the credit card number or payment device number;

(3) the use or disclosure is:

(i) required under federal or State law;

(ii) at the direction of a governmental unit in accordance with law; or

(iii) in response to the order of a court having jurisdiction to issue the order;

(4) the disclosure is in connection with an authorization, processing, billing, collection, chargeback, insurance collection, fraud prevention, or credit card or payment device recovery that relates to the credit card number or payment device number, an account accessed by the credit card number or payment account number, a debt for which the holder or a person authorized by the holder gave the credit card number or payment device number for purposes of identification, or a debt or obligation arising, alone or in conjunction with another means of payment, from the use of the credit card number or payment device number;

(5) except as provided in subsection (b) of this section, the disclosure is reasonably necessary in connection with:

(i) the sale or pledge, or negotiation of the sale or pledge, of any portion of a business or the assets of a business;

(ii) the management, operation, or other activities involving the internal functioning of the person making the disclosure; or

(iii) the management, operation, or other activities involving disclosures between a corporation and its subsidiaries or controlled affiliates or between the subsidiaries or the controlled affiliates;

(6) the disclosure is made to a consumer reporting agency, as defined in § 14–1201 of the Commercial Law Article;

(7) subject to subsection (d) of this section, whether or not the person is a consumer reporting agency and whether or not the disclosure is a consumer report, the disclosure is made under a circumstance specified in the credit reporting provisions of § 14–1202(a)(3)(i), (ii), (iii), or (iv) of the Commercial Law Article; or

(8) the disclosure is allowed under § 1–303 of the Financial Institutions Article.

(b) A disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number has prohibited the issuer in writing at the issuer’s address from using the card or number for marketing purposes.

(c) (1) Notwithstanding subsection (a)(5)(iii) of this section, a disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number, other than an encoded credit card number or encoded payment device number, has notified the issuer in writing at an address specified by the issuer, that disclosure for marketing purposes is not allowed.

(2) The issuer shall notify each holder of an active credit card number or payment device number of the nondisclosure option and the specified address on a periodic basis at the issuer’s discretion at least once each year.

(3) The issuer shall comply with the holder’s election within 45 days after receiving the holder’s response.

(4) The election shall remain in effect until the holder rescinds the election or until there have been no debits or credits to the credit card number or payment device number for a 12–month period.

(d) Notwithstanding subsection (a)(7) of this section, and except as provided in § 14–1202(a)(3)(i) of the Commercial Law Article, a person may not furnish a report containing a credit card number or payment device number before receiving an individual written, electronic, or other tangible record of a certification from the requestor:

(1) containing the reason that the credit card number or payment device number is required; and

(2) stating that the credit card number or payment device number:

(i) cannot be obtained under a circumstance specified under this part or Title 14 of the Commercial Law Article; or

(ii) is needed for security, or loss or fraud prevention purposes.
Md. Code, Business Occupations and Professions § 8-302 — MD Code / Article gbo / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) To qualify for a certificate, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good character and reputation.

(c) The applicant shall be at least 18 years old.

(d) The applicant shall:

(1) file an application and pay a nonrefundable application fee in accordance with § 8–303 of this subtitle;

(2) have satisfied education and experience requirements necessary to qualify for the National Council of Interior Design Qualification Examination, or its equivalent, as determined by the Board; and

(3) have passed the National Council of Interior Design Qualification Examination, or its equivalent.
Md. Code, Correctional Services § 8-406 — MD Code / Article gcs / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have the prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with § 8-407(a) of this subtitle (Article V (a) of the Agreement) upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of the indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability either upon the governor’s own motion or upon motion of the prisoner.

(b) Upon receipt of the officer’s written request as provided under subsection (a) of this section, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. The authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this section (Article IV of the Agreement), trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this section (Article IV of the Agreement) shall be construed to deprive any prisoner of any right that the prisoner may have to contest the legality of the prisoner’s delivery under subsection (a) of this section, but the delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered the delivery.

(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment under § 8-407(e) of this subtitle (Article V (e) of the Agreement), the indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the indictment, information, or complaint with prejudice.
Md. Code, Health Occupations § 8-6D-14 — MD Code / Article gho / Title 8 / Subtitle 6D / Section 8-6D-14
§8–6D–14.
Status: reserved

The authority of the Board established under this subtitle:

(1) Vests with the Board at the time an individual applies for certification;

(2) Continues during periods of licensure; and

(3) Includes authority over an individual holding an expired license, a lapsed license, or a temporary license that has expired under § 8–6D–08 of this subtitle.
Md. Code, Health Occupations § 8-7A-04 — MD Code / Article gho / Title 8 / Subtitle 7A / Section 8-7A-04
§8–7A–04.
Status: in_force

In addition to the powers and duties set forth in this title, the Board shall promulgate regulations to effectuate the provisions of this Nurse Licensure Compact.
Md. Code, Transportation § 8-805 — MD Code / Article gtr / Title 8 / Subtitle 8 / Section 8-805
§8–805.
Status: in_force

(a) Each applicant for a license or the renewal of a license under this subtitle shall pay an annual fee established by the Administration.

(b) If a license is issued in any month after December, the fee for that license shall be prorated according to the number of months, including the month of its issuance, that remain in the license year.
Md. Code, Labor and Employment § 8-223 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-223
§8–223.
Status: in_force

Employment is not covered employment if performed by an individual who is a nonimmigrant alien admitted to the United States under § 101(a)(15)(F), (J), (M), or (Q) of the federal Immigration and Nationality Act.
Md. Code, Natural Resources § 8-2001 — MD Code / Article gnr / Title 8 / Subtitle 20 / Section 8-2001
§8–2001.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7-503 of the Courts Article.

(b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any regulation or restriction adopted by any unit within the Department of Natural Resources pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
Md. Code, Labor and Employment § 8-1109 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1109
§8–1109.
Status: in_force

Notwithstanding any other provision of this subtitle, the Secretary, if authorized by federal law, may suspend the payment of extended benefits under § 8–1105(e) of this subtitle, to the extent necessary to ensure that:

(1) otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation authorized under federal law; and

(2) the State receives maximum reimbursement from the federal government for the payment of the emergency benefits.
Md. Code, Agriculture § 8-1010 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1010
§8–1010.
Status: in_force

(a) Except as provided in § 8–1007(b) of this subtitle, all records and information concerning any agricultural operation certified by the Department under this subtitle shall be maintained by the Department and made available for public review in a manner that provides the greatest public disclosure of records and information while protecting the identity of the person for whom the records or information relates.

(b) Except as provided in § 8–1008(b) of this subtitle, a certified verifier shall maintain all records and information concerning a certified agricultural operation in a manner that protects the identity of the person for whom the records or information relates.

(c) (1) Except as otherwise provided by law, the Department of the Environment shall maintain all records and information received from the Department under §§ 8–1004(c)(2) and 8–1007(b) of this subtitle in a manner that protects the identity of the person for whom the records or information relates.

(2) This subsection does not affect the maintenance and disclosure of records and information obtained from any other source by the Department of the Environment, even if the records and information are duplicative of information provided to the Department of the Environment by the Department under this subtitle.

(d) Except as provided in § 8–1007(b) of this subtitle, records and information relating to an agricultural operation that are generated or obtained solely for the purpose of obtaining certification may not be disclosed by any State agency, department, or certified verifier before the agricultural operation is certified under this subtitle.

(e) On or before December 31, 2014, and each December 31 thereafter, the Department shall submit an annual report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee on:

(1) Participation in the Program; and

(2) Recommendations of the oversight committee established in § 8–1013 of this subtitle.
Md. Code, State Government § 8-301 — MD Code / Article gsg / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) The Governor is responsible for a continuing review of the organization of the Executive Branch of the State government.

(b) (1) In addition to any reorganization under Article II, § 24 of the Maryland Constitution, the Governor may order any other reorganization of the Executive Branch that is considered by the Governor to be necessary and desirable and that is not inconsistent with law.

(2) A reorganization under this subsection may include:

(i) the reorganization of the principal departments;

(ii) the placement of a unit in a principal department; and

(iii) the transfer of a unit or function from 1 principal department to another.

(3) A reorganization under this subsection may be effected through the issuance of an executive order or the approval of a recommendation that the secretary of a principal department submits. An approval shall be treated as an executive order. However, notwithstanding any other provision of law, the recommendation is not effective unless approved or issued as an executive order.

(c) (1) Notwithstanding any other law that relates to organization of the Executive Branch of the State government, if a program involves more than 1 principal department and cannot be carried out efficiently through cooperation of the departments, the Governor may establish a task force to integrate the services of the departments so as to carry out the program.

(2) A task force established under this subsection may exist for not more than 1 year unless the Governor expressly extends the existence of the task force.

(d) The Governor shall recommend to the General Assembly the placement of any new program or new unit within an appropriate principal department.
Md. Code, Education § 8-313 — MD Code / Article ged / Title 8 / Subtitle 3 / Section 8-313
§8–313.
Status: in_force

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

(2) “4–year average annual full–time equivalent enrollment” means:

(i) The average number of students enrolled annually in grades prekindergarten through grade 12 at the Maryland School for the Blind during 4 consecutive school years as determined by dividing the aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period;

(ii) One–half the average number of children served annually by the Maryland School for the Blind’s Early Intervention Program during 4 consecutive school years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months school is in session during the 4–year period; and

(iii) One–half the average number of children served annually by the Maryland School for the Blind’s Outreach Program during 4 consecutive fiscal years as determined by dividing the Program’s aggregate monthly enrollment during the 4–year period by the number of months the Program operates during the 4–year period.

(3) “Growth in the target per pupil foundation amount” means:

(i) For fiscal year 2026, 4.97%;

(ii) For fiscal year 2027, 5.48%;

(iii) For fiscal year 2028, 4.17%;

(iv) For fiscal year 2029, 4.20%;

(v) For fiscal year 2030, 4.17%;

(vi) For fiscal year 2031, 3.98%;

(vii) For fiscal year 2032, 3.99%;

(viii) For fiscal year 2033, 3.93%; and

(ix) For subsequent fiscal years, the change in the per pupil amount from the prior fiscal year to the current fiscal year divided by the per pupil amount from the prior fiscal year.

(4) “Prior year appropriation” means the State appropriation to the Maryland School for the Blind in the prior fiscal year less any funding provided under § 8–311(d) of this subtitle in the prior fiscal year.

(5) “Target per pupil foundation amount” means the figure calculated for each fiscal year by the Department in accordance with § 5–201 of this article.

(6) “Weighted enrollment growth” means the product of 0.2 times the change in the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years to the 2nd through the 5th prior school years divided by the 4–year average annual full–time equivalent enrollment from the 3rd through the 6th prior school years.

(b) (1) Except as provided in paragraph (2) of this subsection, the Maryland School for the Blind shall receive an appropriation equal to or greater than the sum of:

(i) 75% of the prior year appropriation multiplied by the product of:

1. The sum of the weighted enrollment growth plus one; and

2. The sum of the growth in the target per pupil foundation amount plus one; and

(ii) 25% of the prior year appropriation multiplied by the sum of the weighted enrollment growth plus one.

(2) The minimum appropriation required under paragraph (1) of this subsection may be reduced to the extent reductions are made to the administrative expenses of the Maryland School for the Blind.
Md. Code, Business Regulation § 8-314 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-314
§8–314.
Status: in_force

A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Labor and Employment § 8-416 — MD Code / Article gle / Title 8 / Subtitle 4 / Section 8-416
§8–416.
Status: in_force

(a) If the United States Secretary of Labor finds that money in the Unemployment Insurance Administration Fund received under Title III of the Social Security Act or the Wagner-Peyser Act has been lost or spent for purposes other than or in amounts exceeding those found necessary by the United States Secretary of Labor for the proper administration of this title, it is the policy of the State to replace the money with money that is appropriated from the General Fund of the State in accordance with subsection (b) of this section.

(b) (1) On receipt of notice that the United States Secretary of Labor has found that money from the Unemployment Insurance Administration Fund was misused, the Secretary promptly shall give the Governor notice of the money required for replacement.

(2) At the earliest opportunity, the Governor shall submit to the General Assembly a request for appropriation of the money required.

(c) If money in the Unemployment Insurance Administration Fund is used for payment of costs of administration that are found not to be properly chargeable against federal money credited to the Fund, the Secretary shall use money in the Special Administrative Expense Fund to pay for those costs.
Md. Code, Business Occupations and Professions § 8-102 — MD Code / Article gbo / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

This title does not apply to:

(1) a person who does not use the title “certified interior designer” on any card, device, sign, stationery, or other means of identification or communication; or

(2) an architect licensed in this State.
Md. Code, Insurance § 8-518 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-518
§8–518.
Status: in_force

(a) A reinsurance manager:

(1) except as provided in subsection (b) of this section, may not cede retrocessions for a reinsurer;

(2) may not commit a reinsurer to participate in reinsurance syndicates;

(3) may not appoint or hire an insurance producer to solicit, procure, or negotiate reinsurance contracts for a reinsurer without ensuring that the insurance producer is qualified under Title 10, Subtitle 1 of this article;

(4) may not take an action that would constitute a violation of § 27-503 of this article if taken directly by a reinsurer;

(5) without the reinsurer’s prior written approval, may not pay or commit a reinsurer to pay a claim, net of reinsurance, that exceeds the lesser of 1% of the reinsurer’s policyholder surplus as of the preceding calendar year and an amount specified by the reinsurer;

(6) subject to subsection (b) of this section and without the reinsurer’s prior written approval:

(i) may not collect a payment from a retrocessionaire; or

(ii) may not commit a reinsurer to a claim settlement with a retrocessionaire;

(7) may not appoint a subreinsurance manager; or

(8) may not employ an individual who is also employed by a reinsurer that transacts business with the reinsurance manager, unless the reinsurance manager is under common control with the reinsurer and is subject to Title 7 of this article.

(b) A reinsurance manager may cede facultative reinsurance contracts under obligatory facultative agreements if the contract between the reinsurance manager and reinsurer contains reinsurance underwriting guidelines for the retrocessions, including:

(1) a list of reinsurers with which any automatic agreements are in effect;

(2) the coverages and amounts or percentages that may be reinsured; and

(3) commission schedules.
Md. Code, Agriculture § 8-405 — MD Code / Article gag / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) The General Assembly finds that, from fiscal year 1991 through fiscal year 1998, inadequate resources have been provided for the soil conservation districts to employ adequate field personnel to assist farmers in the preparation of soil conservation and water quality plans.

(b) It is the intent of the General Assembly to provide sufficient technical assistance and resources through the soil conservation districts to assist farmers in pursuit of soil conservation and water quality plans and other activities authorized under this title.

(c) (1) The Governor shall include in the annual budget bill an amount sufficient to employ not less than 110 field personnel in the soil conservation districts under this title.

(2) The appropriation for the 23 soil conservation districts shall be as follows:

(i) For fiscal year 2008, $8,800,000;

(ii) For fiscal year 2009, $9,200,000;

(iii) For fiscal year 2010, $9,600,000; and

(iv) For fiscal year 2011 and each fiscal year thereafter, $10,000,000.
Md. Code, Human Services § 8-803 — MD Code / Article ghu / Title 8 / Subtitle 8 / Section 8-803
§8–803.
Status: in_force

Except as provided in § 8-807 of this subtitle and in addition to the standards set forth in COMAR 14.31.06 and 14.31.07, a corporation shall meet the requirements established in this subtitle as a condition of licensure.
Md. Code, Labor and Employment § 8-204 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

(a) In this section, “pay period” means a period of not more than 31 consecutive days for which a payment of wages ordinarily is made to an individual by the employer of the individual.

(b) This section does not apply to employment that an individual performs for an employer in a pay period in which any of the employment is exempted under § 8-213(b) of this subtitle.

(c) (1) If employment that an individual performs for an employer during at least one-half of a pay period is covered employment, then all of the employment during that pay period is covered employment.

(2) If employment that an individual performs for an employer during more than one-half of a pay period is not covered employment, then none of the employment during that pay period is covered.
Md. Code, Health Occupations § 8-6A-03 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-03
§8–6A–03.
Status: in_force

(a) An individual shall be certified as a nursing assistant by the Board before the individual may:

(1) Use the title “certified nursing assistant”;

(2) Use the initials “C.N.A.” after the name of the individual; or

(3) Represent to the public that the individual is certified as a nursing assistant.

(b) An individual shall be certified as a medication technician by the Board before the individual may:

(1) Use the title “certified medication technician”;

(2) Use the initials “C.M.T.” after the name of the individual; or

(3) Represent to the public that the individual is certified as a medication technician.

(c) An individual shall be certified as a dialysis technician by the Board before the individual may:

(1) Use the title “certified dialysis technician”;

(2) Use the initials “C.D.T.” after the name of the individual; or

(3) Represent to the public that the individual is a certified dialysis technician.

(d) An individual may not practice, attempt to practice, or offer to practice as a certified dialysis technician or a certified medication technician without certification from the Board.
Md. Code, Real Property § 8-208.3 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-208.3
§8–208.
Status: in_force

§8–208.3.

Every landlord shall maintain a records system showing the dates and amounts of rent paid to the landlord by the tenant or tenants and showing also the fact that a receipt of some form was given to each tenant for each cash payment of rent.
Md. Code, Transportation § 8-747 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-747
§8–747.
Status: in_force

Except as otherwise provided in this subtitle, before any outdoor advertising license or outdoor sign permit may be issued or renewed under this subtitle to any person who is not a resident of this State, the person shall execute and file with the Administration a bond to this State, with surety approved by the Administration, in the amount of $1,000 and conditioned that the obligor:

(1) Will pay to this State all money required to be paid by him under this subtitle; and

(2) Will comply with all of the provisions of this subtitle and the rules and regulations adopted under it.
Md. Code, Transportation § 8-643 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-643
§8–643.
Status: in_force

(a) If any railroad does not comply with an order of the Administration under this part to do work on a railroad grade crossing or railroad grade separation or to pay its share of the costs of any railroad grade crossing or railroad grade separation project or maintenance, the railroad is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each day that the order is not complied with.

(b) The penalty provided for in this section is in addition to any other remedies available to the Administration.
Md. Code, Commercial Law § 8-403 — MD Code / Article gcl / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) A person who is an appropriate person to make an indorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a part and provides an address for communications directed to the person making the demand. The demand is effective only if it is received by the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it.

(b) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security after a demand that the issuer not register transfer has become effective, the issuer shall promptly communicate to (i) the person who initiated the demand at the address provided in the demand and (ii) the person who presented the security for registration of transfer or initiated the instruction requesting registration of transfer a notification stating that:

(1) The certificated security has been presented for registration of transfer or instruction for registration of transfer of uncertificated security has been received;

(2) A demand that the issuer not register transfer had previously been received; and

(3) The issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond.

(c) The period described in subsection (b)(3) of this section may not exceed 30 days after the date of communication of the notification. A shorter period may be specified by the issuer if it is not manifestly unreasonable.

(d) An issuer is not liable to a person who initiated a demand that the issuer not register transfer for any loss the person suffers as a result of registration of a transfer in accordance with an effective indorsement or instruction if the person who initiated the demand does not, within the time stated in the issuer's communication, either:

(1) Obtain an appropriate restraining order, injunction, or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or

(2) File with the issuer an indemnity bond, sufficient in the issuer's judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss it or they may suffer by refusing to register the transfer.

(e) This section does not relieve an issuer from liability for registering transfer pursuant to an indorsement or instruction that was not effective.
Md. Code, Criminal Procedure § 8-302 — MD Code / Article gcp / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

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

(2) “Qualifying offense” means:

(i) unnatural or perverted sexual practice under § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023;

(ii) possessing or administering a controlled dangerous substance under § 5–601 of the Criminal Law Article;

(iii) possessing or purchasing a noncontrolled substance under § 5–618 of the Criminal Law Article;

(iv) possessing or distributing controlled paraphernalia under § 5–620(a)(2) of the Criminal Law Article;

(v) fourth–degree burglary under § 6–205 of the Criminal Law Article;

(vi) malicious destruction of property in the lesser degree under § 6–301(c) of the Criminal Law Article;

(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;

(viii) misdemeanor theft under § 7–104 of the Criminal Law Article;

(ix) misdemeanor obtaining property or services by bad check under § 8–103 of the Criminal Law Article;

(x) possession or use of a fraudulent government identification document under § 8–303 of the Criminal Law Article;

(xi) public assistance fraud under § 8–503 of the Criminal Law Article;

(xii) false statement to a law enforcement officer or public official under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;

(xiii) disturbing the public peace and disorderly conduct under § 10–201 of the Criminal Law Article;

(xiv) indecent exposure under § 11–107 of the Criminal Law Article;

(xv) prostitution under § 11–303 of the Criminal Law Article;

(xvi) driving with a suspended registration under § 13–401(h) of the Transportation Article;

(xvii) failure to display registration under § 13–409(b) of the Transportation Article;

(xviii) driving without a license under § 16–101 of the Transportation Article;

(xix) failure to display license to police under § 16–112(c) of the Transportation Article;

(xx) possession of a suspended license under § 16–301(j) of the Transportation Article;

(xxi) driving while privilege is canceled, suspended, refused, or revoked under § 16–303 of the Transportation Article;

(xxii) owner failure to maintain security on a vehicle under § 17–104(b) of the Transportation Article;

(xxiii) driving while uninsured under § 17–107 of the Transportation Article;

(xxiv) prostitution or loitering as prohibited under local law;

(xxv) unauthorized use under § 14–102 of the Transportation Article; or

(xxvi) soliciting or offering to solicit prostitution or assignation under § 11–306 of the Criminal Law Article.

(3) “Victim of human trafficking” means a person who has been subjected to an act of another committed in violation of:

(i) Title 3, Subtitle 11 of the Criminal Law Article; or

(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code.

(b) A person convicted of a qualifying offense may file a motion to vacate the judgment if the person’s participation in the offense was a direct result of being a victim of human trafficking.

(c) A motion filed under this section shall:

(1) be in writing;

(2) be made within a reasonable period of time after the conviction;

(3) describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section;

(4) be served on the State’s Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and

(5) if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim’s representative at the victim’s or victim’s representative’s last known address.

(d) (1) The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking.

(2) When making a finding under this subsection, the court shall consider:

(i) the length of time between the offense and the trafficking of the movant;

(ii) the dynamics of the relationship between the movant and the person committing trafficking against the movant; and

(iii) any other relevant evidence.

(e) The court may grant a motion filed under this section without a hearing if:

(1) the State’s Attorney consents to the motion;

(2) no objection to the relief requested has been filed by a victim or victim’s representative; and

(3) at least 60 days have elapsed since notice and service under subsection (c) of this section.

(f) The court may dismiss a motion filed under this section without a hearing if the court finds that:

(1) the motion fails to assert grounds on which relief may be granted;

(2) the motion offers no additional evidence beyond that which has previously been considered by the court; or

(3) the movant acted fraudulently or in bad faith in filing the motion.

(g) (1) If a court grants a motion filed under this section, the court shall vacate the conviction.

(2) The court shall state the reasons for its ruling on the record.

(h) A movant in a proceeding under this section has the burden of proof.

(i) A conviction that has been vacated under this section may not be considered a conviction for any purpose.
Md. Code, Education § 8-709 — MD Code / Article ged / Title 8 / Subtitle 7 / Section 8-709
§8–709.
Status: in_force

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

(2) “Cost per pupil” means the amount of money spent by a county board for the operating expenses of public education in the county from county and State sources divided by the full-time equivalent enrollment of the county as defined in § 5-202(a) of this article.

(3) “State sources” means funds provided to a county board in accordance with §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.

(b) Students participating in a program shall be included in the enrollment of the county in which the student is domiciled for the purposes of calculating State aid under §§ 5-202, 5-207, 5-208, 5-209, and 5-210 of this article.

(c) (1) To support the cost of instructional programming for a program, each county board shall pay to the Department an amount equal to 85% of the cost per pupil for each student who participates in a program but is domiciled in the county.

(2) Each county governing body shall include a student participating in a program in the full-time equivalent enrollment used for calculating the required local funds appropriated under § 5-202(d) of this article.

(d) The Department shall disburse the funds received in accordance with this section to the program.
Md. Code, General Provisions § 8-103 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) If a governmental entity finds that a person has violated or is violating § 8–102 of this title, the governmental entity may file a civil action in a court of competent jurisdiction within the State against the person.

(b) In filing a civil action under this section, the governmental entity may seek:

(1) the penalties provided under § 8–102(c) of this title; and

(2) subject to the guidelines under § 8–105(b)(4) of this subtitle, court costs and attorney’s fees.

(c) A governmental entity may not maintain an action under this section if the governmental entity has filed a civil action based on the same underlying act under § 2–603 of the Health – General Article or has sought enforcement by the Attorney General under § 11–205 or § 11–205.1 of the State Finance and Procurement Article.
Md. Code, Health - General § 8-101 — MD Code / Article ghg / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) (1) “Addictive disorder” means a chronic disorder of the brain’s reward–activation system in which the individual pathologically pursues reward or relief by substance abuse or other behaviors, with diminished control, and the individual persists in the behavior despite adverse consequences.

(2) “Addictive disorder” includes gambling, which is the only nonsubstance–related addictive disorder recognized by Maryland law.

(c) “Administration” means the Behavioral Health Administration.

(d) “Administrator” means the program director or the clinical director of an alcohol or drug abuse treatment facility or a health care facility.

(e) “Alcohol abuse” means a disease that is characterized by a pattern of pathological use of alcohol with repeated attempts to control its use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psycho–social.

(f) “Alcohol dependence” means a disease characterized by:

(1) Alcohol abuse; and

(2) Physical symptoms of withdrawal or tolerance.

(g) “Alcohol misuse” means:

(1) Unlawful use of alcohol;

(2) Alcohol abuse; or

(3) Alcohol dependence.

(h) “Director” means the Director of the Administration.

(i) “Drug” means:

(1) A controlled dangerous substance that is regulated under the Maryland Controlled Dangerous Substances Act;

(2) A prescription medication; or

(3) A chemical substance when used for unintended and harmful purposes.

(j) “Drug abuse” means a disease which is characterized by a pattern of pathological use of a drug with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psycho–social.

(k) “Drug dependence” means a disease characterized by:

(1) Drug abuse; and

(2) Physical symptoms of withdrawal or tolerance.

(l) “Drug misuse” means:

(1) Unlawful use of a drug;

(2) Drug abuse; or

(3) Drug dependence.

(m) “Halfway house” means a clinically managed, low intensity residential treatment service for individuals with substance–related disorders who are capable of self–care but are not ready to return to independent living.

(n) “Large halfway house” means a halfway house that admits at least 9 but not more than 16 individuals.

(o) (1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric disorder.

(2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another.

(3) “Mental disorder” does not include an intellectual disability.

(p) “Recovery residence” means a service that:

(1) Provides alcohol–free and illicit–drug–free housing to individuals with substance–related disorders or addictive disorders or co–occurring mental disorders and substance–related disorders or addictive disorders; and

(2) Does not include clinical treatment services.

(q) “Small halfway house” means a halfway house that admits at least 4 but not more than 8 individuals.

(r) (1) “Substance–related disorder” means:

(i) Alcohol use disorder, alcohol abuse, alcohol dependence, alcohol misuse, alcohol intoxication, or alcohol withdrawal;

(ii) Nonalcohol substance use disorder, drug dependence, drug misuse, nonalcohol substance induced intoxication, or nonalcohol substance withdrawal; or

(iii) Any combination of the disorders listed in items (i) and (ii) of this paragraph.

(2) “Substance–related disorder” includes substance use disorders and substance induced disorders.

(s) “Withdrawal management” means direct or indirect services for an acutely intoxicated individual to fulfill the physical, social, and emotional needs of an individual by:

(1) Monitoring the amount of alcohol and other toxic agents in the body of the individual;

(2) Managing withdrawal symptoms; and

(3) Motivating an individual to participate in the appropriate substance–related disorder programs.
Md. Code, Transportation § 8-642 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-642
§8–642.
Status: in_force

(a) As to the costs of any railroad grade crossing or railroad grade separation project or maintenance:

(1) 25 percent of these costs shall be paid by the railroads that benefit from the crossing or separation; and

(2) 75 percent of these costs shall be paid by the Administration.

(b) If two or more railroads benefit from the crossing or separation, the railroads’ 25 percent share shall be apportioned among them as determined by the Administration.
Md. Code, Real Property § 8-118.1 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-118.1
§8–118.
Status: in_force

§8–118.1.

(a) (1) In an action under § 14–132 of this article in which a party demands a jury trial, the District Court immediately shall enter an order directing the person or entity in possession to pay the monthly fair rental value of the premises that is subject to the action, or such other amount as the court may determine is proper, starting as of the date the action was filed, as required in subsection (b) of this section.

(2) The order shall require the amount determined by the court to be paid within 5 days of the date of the order.

(b) The District Court shall order that the amount determined by the court be paid:

(1) Into the registry of an escrow account of the clerk of the circuit court; or

(2) To the plaintiff if both the defendant and the plaintiff agree or at the discretion of the District Court.

(c) (1) If the person or entity fails to pay under the terms of the order, the circuit court, on motion of the person or entity claiming possession and certification of the clerk or the plaintiff, if the payment is made to the plaintiff, of the status of the account, shall conduct a hearing within 30 days.

(2) The District Court’s escrow order and the clerk’s certification are presumed to be valid.

(3) The person or entity in possession may dispute the validity or terms of the District Court’s escrow order or raise any other defense to the person’s alleged noncompliance with the order.

(d) (1) If the circuit court determines that the failure to pay is without legal justification, the court may treat the person or entity in possession’s demand for jury trial as waived, and can immediately conduct a nonjury trial or set the matter for a future nonjury trial on the merits of the claim of the person or entity claiming possession.

(2) If the circuit court, on motion, determines that either party is entitled to possession as a matter of law, the court shall enter a judgment in favor of that party for possession of the property and for any other appropriate relief.

(e) (1) Upon final disposition of the action, the circuit court shall order distribution of the escrow account in accordance with the judgment.

(2) If no judgment is entered, the circuit court shall order distribution to the party entitled to the escrow account after hearing.
Md. Code, Natural Resources § 8-405 — MD Code / Article gnr / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

Before specific plans for use and development of water and related land resources are approved, including constructing improvements, diversions, roadways, crossings, channelizations, locks, canals, or other uses that change the character of a river or waterway or destroy its scenic value, the Secretary shall give full consideration and evaluation of the river as a scenic and wild resource.
Md. Code, Health Occupations § 8-6B-17 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-17
§8–6B–17.
Status: in_force

Subject to the hearing provisions of § 8-317 of this title and § 8-6B-19 of this subtitle, the Board may remove an institution from its list of institutions that offer approved electrology education programs if the institution:

(1) Is guilty of fraud or deceit in obtaining or attempting to obtain approval;

(2) Acts in a manner inconsistent with generally accepted standards for the practice of electrology;

(3) Advertises in a manner that the Board determines violates § 8-6B-22 of this subtitle;

(4) Violates the standards set under this subtitle and does not correct the violation in a reasonable time after notice is given; or

(5) No longer operates a program that qualifies for approval under this subtitle.
Md. Code, Correctional Services § 8-501 — MD Code / Article gcs / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

(a) Outstanding charges against an incarcerated individual and detainers based on untried indictments, informations, warrants, or complaints produce uncertainties that:

(1) obstruct programs of incarcerated individual treatment and rehabilitation; and

(2) cause an incarcerated individual serving a term under a detainer to suffer serious disadvantages.

(b) The policy of the State and the purpose of this subtitle is to encourage the expeditious and orderly disposition of outstanding charges against an incarcerated individual and determination of the proper status of any detainers based on untried indictments, informations, warrants, or complaints.
Md. Code, Election Law § 8-708 — MD Code / Article gel / Title 8 / Subtitle 7 / Section 8-708
§8–708.
Status: in_force

(a) The seventh congressional district consists of the following parts of Baltimore City:

(1) wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 28;

(2) ward 13, precincts 6, 7, 8, 9, 10, and 11;

(3) ward 27, precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and 67;

(4) that part of ward 13, precinct 3 that consists of the following:

(i) census tract 1306.00, blocks 1007, 1023, 4004, 4005, and 4007 through 4009;

(ii) census tract 1308.04, blocks 2007 through 2012, 2014, 2015, and 2017 through 2022; and

(iii) census tract 1308.06, block 1021;

(5) that part of ward 13, precinct 5 that consists of census tract 1308.06, blocks 1002 through 1009, 1013 through 1020, 1025, and 1026;

(6) that part of ward 13, precinct 12 that consists of census tract 1306.00, blocks 3000, 3001, and 4006;

(7) that part of ward 13, precinct 13 that consists of census tract 1306.00, block 2000;

(8) that part of ward 27, precinct 38 that consists of census tract 2711.01, blocks 1000 through 1005, 2002, and 3000 through 3013;

(9) that part of ward 27, precinct 39 that consists of census tract 2712.00, blocks 3009 through 3011 and 3014 through 3020; and

(10) that part of ward 27, precinct 46 that consists of census tract 2711.02, blocks 1012, 1024, 1025, and 1031.

(b) The district also includes the following parts of Baltimore County:

(1) election districts 12 and 13;

(2) election district 1, precincts 1, 5 through 8, 15, and 16;

(3) election district 2, precincts 1, 2, 4 through 7, 9, 10, 23, 28, and 31;

(4) election district 3, precincts 1, 3, and 4;

(5) election district 15, precincts 20 through 22;

(6) that part of election district 1, precinct 2 that consists of census tract 4015.07, blocks 1000 through 1002 and 1012;

(7) that part of election district 1, precinct 9 that consists of the following:

(i) census tract 4008.00, blocks 1000 through 1025 and 2000 through 2016; and

(ii) census tract 4010.00, blocks 1000, 1001, 1006 through 1009, and 1012 through 1014;

(8) that part of election district 1, precinct 10 that consists of census tract 4010.00, blocks 1002 and 1011;

(9) that part of election district 1, precinct 14 that consists of the following:

(i) census tract 4004.00, blocks 2007 through 2014 and 5007 through 5009; and

(ii) census tract 4925.00, blocks 1000 through 1007;

(10) that part of election district 2, precinct 3 that consists of census tract 4024.07, blocks 1000 through 1003, 1005, 1006, 1009, 1011, and 1012;

(11) that part of election district 2, precinct 8 that consists of census tract 4023.05, blocks 1000 and 1001;

(12) that part of election district 14, precinct 8 that consists of census tract 4410.00, blocks 2001 through 2007, 2009 through 2013, and 2015 through 2025;

(13) that part of election district 14, precinct 11 that consists of census tract 4411.02, blocks 4000 through 4018;

(14) that part of election district 15, precinct 1 that consists of the following:

(i) census tract 4523.00, blocks 1000 through 1021 and 2001 through 2040; and

(ii) census tract 4524.00, blocks 1016 through 1025, 1049, and 1050; and

(15) that part of election district 15, precinct 2 that consists of census tract 4501.00, blocks 2002 through 2008, 2013 through 2021, and 2028 through 2030.
Md. Code, Agriculture § 8-1009 — MD Code / Article gag / Title 8 / Subtitle 10 / Section 8-1009
§8–1009.
Status: in_force

(a) The Department, in coordination with the Department of the Environment, shall:

(1) Establish a program to certify a person to verify whether an agricultural operation meets and is in compliance with the requirements of this subtitle;

(2) Maintain a list of all certified verifiers; and

(3) Publish the list of all certified verifiers on the Department’s Web site.

(b) (1) The certification program shall provide verifiers with the training and education necessary to determine whether an agricultural operation is in compliance with the Program.

(2) A certified verifier may not verify an agricultural operation:

(i) In which the certified verifier holds an interest, as defined by regulation; or

(ii) That the certified verifier initially determined had met the requirements under § 8–1004 of this subtitle.

(c) In establishing the certification program, the Department may:

(1) Charge reasonable fees, including an annual certification fee, to cover the costs associated with the certification program;

(2) Require continuing education or training for verifiers;

(3) Designate an entity to train, certify, and recertify verifiers; and

(4) Recognize the training program of an entity employing verifiers if the program meets the certification and recertification training and education standards established by the Department.
Md. Code, Agriculture § 8-801 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

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

(b) “Certified nutrient management consultant” means an individual certified by the Department to prepare a nutrient management plan.

(c) “Commercial farm” means a farm that performs activities related to the production and sale of agricultural commodities, including row crops, fruits, vegetables, horticulture, and silvaculture.

(d) “Enhanced efficiency fertilizer” has the meaning stated in § 6–201 of this article.

(e) “Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.

(f) “Natural organic fertilizer” has the meaning stated in § 6–201 of this article.

(g) “Nutrient management plan” means a plan prepared under this subtitle by a certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, commercial fertilizer, sludge, or other plant nutrients to prevent pollution by transport of bioavailable nutrients and to maintain productivity.

(h) “Organic fertilizer” has the meaning stated in § 6–201 of this article.

(i) (1) “Professional fertilizer applicator” means any person who:

(i) Is certified to apply fertilizer in accordance with § 8–803.4 of this subtitle; and

(ii) Applies fertilizer for hire.

(2) “Professional fertilizer applicator” includes the owner or manager of property, or an employee of a government entity who applies fertilizer within the scope of employment.

(j) “Slow–release nitrogen” means nitrogen in a form that:

(1) Delays its availability for plant uptake and use after application; or

(2) Extends its availability to the plant significantly longer than a reference “rapidly available nutrient” such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.

(k) “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.

(l) “Turf” means land, including residential property and publicly owned land that is planted in grass, except land that is used in the sale and production of sod, as defined in § 9–101 of this article.

(m) “Water–soluble nitrogen” means nitrogen that is readily soluble in water.

(n) “Waters of the State” has the meaning stated in § 5–101 of the Environment Article.
Md. Code, Tax - Property § 8-226 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-226
§8–226.
Status: in_force

(a) The General Assembly states that it is in the general public interest to provide for the valuation and assessment of rezoned real property that is used for residential purposes on the basis of that use and not upon a greater value attributable to a change in zoning through comprehensive rezoning not initiated or requested by the homeowner or anyone having an interest in the property.

(b) (1) In this section and §§ 8–227 and 8–228 of this subtitle the following words have the meanings indicated.

(2) “Dwelling” means a house that is used as the principal residence of a homeowner and the lot or curtilage on which the house is erected.

(3) “Homeowner” means an individual who:

(i) actually resides in a dwelling in which the individual has a legal interest; or

(ii) under a court order or separation agreement, permits a spouse, a former spouse, or a child or the individual’s family to reside, without payment of rent, in a dwelling in which the individual has a legal interest.

(4) “Legal interest” includes an interest in a dwelling:

(i) as sole owner;

(ii) as a joint tenant;

(iii) as a tenant in common;

(iv) as a tenant by the entireties;

(v) through membership in a cooperative;

(vi) under a land installment contract, as defined in § 10–101 of the Real Property Article; or

(vii) as a holder of a life estate.

(5) “Rezoned real property” means a dwelling that:

(i) has been owned and occupied by a homeowner for at least 3 years prior to a zoning change described in item (iii) of this paragraph;

(ii) was zoned as residential at the time of acquisition; and

(iii) has been rezoned from a residential to a commercial or industrial zoning classification through comprehensive rezoning not initiated or requested by the homeowner or anyone having an interest in the property.
Md. Code, Natural Resources § 8-704 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-704
§8–704.
Status: in_force

(a) The Department may adopt regulations necessary to carry out the provisions of this subtitle, including the determination of the state of principal use for the purpose of assessing the vessel excise tax.

(b) In order to protect the public safety, welfare, and recreational interests in waters of the State, the Department may adopt a program relating to the placement of buoys, mooring buoys, and other apparatus used to secure, berth, or moor vessels in the waters of the State. The Department shall consult with any county affected by the program.

(c) The Department shall adopt regulations governing the following:

(1) The numbering of vessels for identification, safety equipment on vessels, and operations of any vessels subject to this subtitle so that each vessel of a type or size complying with the regulations may be operated with equal freedom or under similar requirements as other vessels of that type or size on all waters of the State. The numbering system used shall conform to the one adopted by the federal government. These regulations may not conflict with any federal law or regulation applicable to vessels on the waters in the State;

(2) The issuance of certificates of title and certificates of boat number;

(3) Instructions for making reports and handling personnel and boats in case of accidents;

(4) Abandonment, destruction, theft, recovery, sale, or transfer of ownership;

(5) Change of address of owner;

(6) Use of boats from other jurisdictions on the waters of the State;

(7) Issuance of certificates of number for boats changing their state of principal use to Maryland;

(8) Cooperation with local governments and the federal authority for special events or to meet emergency situations; and

(9) Issuance of certificates of number to owners of fleets or boats for hire or rent.

(d) (1) The Department shall adopt regulations prohibiting the operation of personal watercraft above idle speed in any area of water with a depth of less than 18 inches.

(2) Except as provided in paragraph (1) of this subsection, the Department may adopt regulations limiting the use of personal watercraft in any area of water with a depth of less than 1 meter.

(e) A municipality or other local authority may not establish any regulation of a local nature which does not conform with the Department’s regulations.

(f) On any proposed regulation affecting the equipment or operation of any vessel subject to this subtitle, the Secretary shall solicit the advice and opinions of officials of representative boating associations, yacht clubs, and local, State, or federal governments or officials, having knowledge or experience with the subject matter of the proposed regulations. These representatives and officials serve as an advisory committee appointed by the Secretary to review the proposed regulations.

(g) The Department, with the endorsement of the Secretary of Natural Resources and the Secretary of the Environment, after a public hearing following 60 days’ notice, shall adopt and publish sound level limits governing the noise generated by the operation of pleasure craft on the waters of the State. The sound level limits shall be established at the most restrictive level consistent with the environmental noise standards adopted by the Department of the Environment which is achievable through the application of the best available technology and at a reasonable cost. The Department shall adopt regulations for the administration and enforcement of the sound level limits, taking into account accepted scientific and professional methods for measurement of sound levels.

(h) The Department shall adopt regulations to prohibit a person from:

(1) Operating an unauthorized vessel over a power boat race course; or

(2) Swimming across a boundary of a power boat race course.
Md. Code, Natural Resources § 8-2003 — MD Code / Article gnr / Title 8 / Subtitle 20 / Section 8-2003
§8–2003.
Status: in_force

(a) Whenever a person is halted by a regular or special police officer for an offense on publicly owned watershed property punishable as a misdemeanor and which is either a violation of law or a violation of watershed regulations, and is not taken before a District Court commissioner as would otherwise be required or is permitted by law, the officer may prepare a written or electronic citation containing:

(1) A notice to appear in court;

(2) The name and address of the person charged;

(3) The offense charged;

(4) The time and place the person shall appear in court;

(5) An acknowledgment of receipt of the citation by the person charged made in a manner determined by the Department; and

(6) Other pertinent information as necessary.

(b) The time specified in the notice to appear shall be at least five days after the alleged violation unless the person charged with the violation demands an earlier hearing.

(c) The place specified in the notice to appear shall be before a judge of the appropriate District Court.

(d) The person charged with the violation may promise to appear in court by acknowledging receipt of at least one copy of the citation prepared by the officer in a manner determined by the Department, in which event the officer shall deliver a copy of the citation to the person. Then, the officer may not take the person into physical custody for the violation.

(e) Failure to comply with the notice to appear is punishable as contempt or as otherwise provided by law in such cases.
Md. Code, Environment § 8-601 — MD Code / Article gen / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

This title may be cited as the “Maryland Radiation Act”.
Md. Code, Agriculture § 8-7A-03 — MD Code / Article gag / Title 8 / Subtitle 7A / Section 8-7A-03
§8–7A–03.
Status: in_force

(a) To be eligible for assistance from the Fund, an animal waste technology project shall have strong potential for:

(1) Improving the public health and the environment;

(2) Preserving the viability of the agricultural industry; and

(3) Having a positive economic development impact in the State.

(b) If the amount of financial assistance requested exceeds the amount of money available in the Fund, the Department shall give preference to the animal waste technology projects that demonstrate the greatest potential for:

(1) Improving the public health and the environment;

(2) Preserving the viability of the agricultural industry; and

(3) Having a positive economic development impact in the State.
Md. Code, Natural Resources § 8-1313 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1313
§8–1313.
Status: in_force

The appropriate county governing body or its duly designated agency may adopt regulations for use of land or other property acquired under the provisions of this subtitle. A copy of the regulations shall be posted on the land or other property to which they apply. Following their adoption, the regulations shall be published at least 3 times within 60 days, in 1 or more newspapers published in the county in which the land or other property lies. The posting and publication is sufficient notice to every person. The sworn certificate of any member of the appropriate county governing body or its duly designated agency shall be prima facie evidence of the posting and publication.
Md. Code, Criminal Law § 8-516 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-516
§8–516.
Status: in_force

(a) If a violation of this part results in the death of an individual, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding life or a fine not exceeding $200,000 or both.

(b) If a violation of this part results in serious injury to an individual, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both.

(c) If the value of the money, health care services, or other goods or services involved is $1,500 or more in the aggregate, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $100,000 or both.

(d) A person who violates any other provision of this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $50,000 or both.

(e) (1) In this subsection, “business entity” includes an association, firm, institution, partnership, and corporation.

(2) A business entity that violates a provision of this part is subject to a fine not exceeding:

(i) $250,000 for each felony; and

(ii) $100,000 for each misdemeanor.
Md. Code, Natural Resources § 8-711 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-711
§8–711.
Status: in_force

(a) Every vessel whose construction is begun after October 31, 1972, shall have a hull identification number assigned and affixed as required by the Federal Boat Safety Act of 1971. The Department shall determine the procedures for application and for issuance of the hull identification number.

(b) A person may not destroy, remove, alter, cover, or deface the manufacturer’s hull identification number, the plate bearing it, or any hull identification number the Department assigns to any vessel without the Department’s permission.
Md. Code, Environment § 8-306 — MD Code / Article gen / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

(a) There is a State Radiation Control Fund.

(b) All general license fees, specific license fees, registration fees, radiation machine certification fees, and all funds collected by the Department under this title, including any civil penalties, settlements, or fines, shall be paid into the State Radiation Control Fund.

(c) The Department shall use the State Radiation Control Fund for activities that are related to identifying, monitoring, and controlling sources of radiation, including radiation machines, and for program development of these activities.

(d) The Department shall adopt regulations for the management and use of the money in the Fund.
Md. Code, Public Utilities § 8-406 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) When a customer, or a telephone company or reseller providing a new telecommunications service on behalf of the customer, makes a change in the customer’s telephone company or reseller, the telephone company or reseller providing the new telecommunications service shall provide a conspicuous notice to the customer, informing the customer that the change was made.

(b) When a customer, or a telephone company or reseller on behalf of the customer, makes a change in the customer’s selection of a telecommunications service option for which the telephone company or reseller imposes a charge, the telephone company or reseller providing the new telecommunications service option shall provide a conspicuous notice to the customer, informing the customer that the change was made.

(c) When a customer, or a telephone company or reseller on behalf of a customer, makes a change in the person who bills the customer or the customer’s billing arrangement, the telephone company or reseller providing the new billing service or arrangement shall provide a conspicuous notice to the customer, informing the customer that the change was made.

(d) A telephone company or reseller that is required to provide notice under this section shall provide the notice by:

(1) inserting the notice on or with the customer’s first bill for which the change is effective; or

(2) sending a separate notice to the customer within 30 days after the change takes effect.

(e) A telephone company or reseller may not, on behalf of a customer, fail to make any change in a customer’s telephone company, reseller, or telecommunications service options, or in the person who bills the customer or the customer’s billing arrangement when the change order has been received in a manner that complies with federal and State rules and regulations. All such change orders shall be properly processed to assure that the order is completed and service will be provided by the new telephone company or reseller of choice within 15 business days of receipt of the compliant change order or as otherwise negotiated with the customer.
Md. Code, Corporations and Associations § 8-207 — MD Code / Article gca / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

Notwithstanding any other provision of the Maryland REIT Law, a real estate investment trust may issue shares of beneficial interest without consideration for the purpose of qualifying the real estate investment trust as a real estate investment trust under the Internal Revenue Code.
Md. Code, Labor and Employment § 8-1004 — MD Code / Article gle / Title 8 / Subtitle 10 / Section 8-1004
§8–1004.
Status: in_force

(a) Except as provided in subsection (b) of this section:

(1) an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that unemployment results from a stoppage of work, other than a lockout, that exists because of a labor dispute at the premises where the individual last was employed; and

(2) if separate branches of work that usually are conducted as separate businesses in separate premises are conducted in separate departments on the same premises, each department shall be considered a separate premises for the purposes of this subsection.

(b) A disqualification under this section does not apply to an individual who satisfies the Secretary that the individual:

(1) is not participating in, financing, or directly interested in the labor dispute that caused the stoppage of work; and

(2) does not belong to a class or grade of workers that, immediately before the stoppage, had any members:

(i) employed at the premises; and

(ii) participating in, financing, or directly interested in the labor dispute.
Md. Code, Labor and Employment § 8-613 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-613
§8–613.
Status: reserved

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

(2) “Business” or “trade” includes the employer’s workforce.

(3) “Reorganized employer” means:

(i) an employer that alters its legal status, including changing from a sole proprietorship or a partnership to a corporation; or

(ii) an employer that otherwise changes its trade name or business identity while remaining under any of the same ownership.

(4) “Successor employer” means an employer that acquires, by sale or otherwise, all or part of the assets, business, organization, or trade of another employer.

(b) (1) A reorganized employer shall be liable for all contributions, interest, penalties, and administrative fees owed by the employing unit before the reorganization.

(2) Subject to § 8–605.1(b) of this subtitle, a reorganized employer shall continue to pay contributions at the contribution rate of the employing unit before the reorganization from the date of the reorganization through the next December 31.

(3) Beginning on the January 1 after the reorganization, the rate of contribution of the reorganized employer shall be based on its experience with payrolls and benefit charges, in combination with the experience with payrolls and benefit charges of the employing unit before the reorganization.

(c) If a successor employer was not an employing unit before acquiring the assets, business, organization, or trade of a predecessor employer that is an employing unit, and has no common ownership, management, or control with the predecessor employer, then the successor employer shall be considered a new employing unit and shall be assigned a contribution rate in accordance with § 8–609 of this subtitle.

(d) If a successor employer was an employing unit before acquiring the assets, business, organization, or trade of a predecessor employer that is an employing unit, and has no common ownership, management, or control with the predecessor employer:

(1) subject to § 8–605.1(b) of this subtitle, the successor employer shall continue to pay contributions at the previously assigned rate from the date of the transfer through the next December 31;

(2) beginning on the January 1 after the transfer, and for each calendar year thereafter, the rate of contribution of the successor employer shall be based on its experience with payrolls and benefit charges in combination with the proportionate share of payrolls and benefit charges acquired from the predecessor employer; and

(3) if two or more successor employers receive the transfer, beginning on the January 1 after the transfer, and for each calendar year thereafter, the rate of contribution of each successor employer shall be based on its experience with payrolls and benefit charges in combination with the proportionate share of payrolls and benefit charges acquired from the predecessor employer.

(e) (1) Notwithstanding any other provision of this title, if a successor employer has any common ownership, management, or control with the predecessor employer, the contribution rate of the successor employer beginning as of the quarter in which the date of transfer occurred through the next December 31 shall be based on the successor employer’s experience with payrolls and benefit charges in combination with the payrolls and benefit charges of the predecessor employer.

(2) If the transfer of assets, business, organization, or trade was a partial transfer of the predecessor employer’s business and the predecessor employer remains in business, beginning on the January 1 after the transfer, and for each calendar year thereafter, the rate of contribution of the successor employer shall be based on its experience with payrolls and benefit charges in combination with the proportionate share of payrolls and benefit charges acquired from the predecessor employer.

(3) If the predecessor employer does not remain in business after the transfer of all or part of the assets, business, organization, or trade of the predecessor employer, and there is one successor employer, then the rate of contribution of the successor employer beginning on the January 1 after the transfer, and for each calendar year thereafter, shall be based on the successor employer’s experience with payrolls and benefit charges in combination with the payrolls and benefit charges of the predecessor employer.

(4) (i) If the predecessor employer does not remain in business after the transfer of all or part of the assets, business, organization, or trade of the predecessor employer, and there are two or more successor employers receiving the transfer, then the rate of contribution for each of the successor employers beginning on the January 1 after the transfer, and for each calendar year thereafter, shall be based on the successor employer’s experience with payrolls and benefit charges in combination with the proportionate share of payrolls and benefit charges acquired from the predecessor employer.

(ii) Any remaining portion of the predecessor employer’s experience shall be transferred to the successor employers according to each successor employer’s proportionate share of the payroll.

(f) If a predecessor employer does not remain in business after the transfer of all or part of the assets, business, organization, or trade of the predecessor employer:

(1) the successor employer is liable for all contributions, interest, penalties, and administrative fees owed by the predecessor employer at the time of the transfer; and

(2) if two or more successor employers receive the transfer, the successor employers shall be liable in the same proportion as the payroll record of the unit being transferred is to the total business of the predecessor employer.

(g) (1) Subject to § 8–605.1(b) of this subtitle, a predecessor employer shall continue to pay contributions at the previously assigned rate through the next December 31 if the predecessor employer:

(i) transfers only part of the assets, business, organization, or trade of the predecessor employer;

(ii) remains in business; and

(iii) has been assigned a contribution rate under this subtitle.

(2) Subject to § 8–605.1(b) of this subtitle, if a predecessor employer has met each of the requirements to continue to pay contributions at the previously assigned rate through the December 31 after the transfer, beginning on the January 1 after the transfer the rate of contributions of the predecessor employer for each calendar year shall be based on:

(i) its experience with payrolls and benefit charges; and

(ii) its experience incurred before the transfer less any experience that was transferred to a successor employer.

(h) (1) To qualify for an earned rate that is based on a transfer and that is lower than the rate otherwise would be, within 120 days after the transfer, a successor employer or new employer shall report the transfer and apply for the lower rate on a form and in the manner that the Secretary provides.

(2) If the successor employer or new employer does not comply with paragraph (1) of this subsection in the time required, the Secretary shall adjust the earned rate as of the 1st calendar quarter after compliance.

(3) Notwithstanding paragraphs (1) and (2) of this subsection, where a transfer results in a higher earned rate to the successor employer, the Secretary may combine the earned rating record of the predecessor and successor employers and, for the purpose of rate determination, transfer to the successor employer the taxable wages and benefit charges of the predecessor employer at any time.

(i) The Secretary’s determination under this section is final and not subject to appeal if the employing unit does not request a review determination in accordance with § 8–604 of this subtitle within 30 days after the notice is sent to the employing unit.
Md. Code, Real Property § 8-1005 — MD Code / Article grp / Title 8 / Subtitle 10 / Section 8-1005
§8–1005.
Status: in_force

On or before January 1, 2026, and each January 1 thereafter, a designated organization shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the number of individuals that were connected to workforce development programs or employment opportunities through the Pilot Program.
Md. Code, Human Services § 8-605 — MD Code / Article ghu / Title 8 / Subtitle 6 / Section 8-605
§8–605.
Status: in_force

On or before December 31 each year, the Office shall report:

(1) to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation and effectiveness of at–risk youth prevention and diversion programs; and

(2) to the Department of Juvenile Services on:

(i) the number of children referred to an at–risk youth prevention and diversion program in the previous year;

(ii) the age, gender, and race of children referred to an at–risk youth prevention and diversion program in the previous year; and

(iii) the number of children currently enrolled in an at–risk youth prevention and diversion program.
Md. Code, Real Property § 8-113 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-113
§8–113.
Status: in_force

A covenant or promise by the tenant to leave, restore, surrender, or yield the leased premises in good repair does not bind the tenant to erect any similar building or pay for any building destroyed by fire or otherwise without negligence or fault on the tenant’s part.
Md. Code, Transportation § 8-654 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-654
§8–654.
Status: in_force

(a) (1) In this section, “trenching” means a construction project in which a highway right–of–way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of 1 mile in length.

(2) “Trenching” does not include a project for construction or maintenance of a highway facility, including drainage or culvert work.

(b) The following units of the State shall allow the use of any right–of–way or easement for the installation of broadband communication infrastructure provided by nonprofit telecommunications services providers in rural and underserved areas of the State without imposition of any charge for the use of the right–of–way or the easement:

(1) The Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration;

(2) The Board of Public Works;

(3) The Department of Information Technology;

(4) The Department of Natural Resources; and

(5) The Department of the Environment.

(c) (1) Except as provided in paragraph (2) of this subsection, a unit of local government and the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration, shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis.

(2) The Department or a unit of local government may deny joint trenching if:

(i) Joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities; or

(ii) Joint trenching is not feasible because it will delay the repair or construction of a county’s water, wastewater, electricity, or gas lines.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the Department or a unit of local government may charge a fee to a broadband provider that participates in joint trenching on reasonable financial terms.

(ii) The Department or a unit of local government may not charge a fee to a nonprofit broadband provider that participates in joint trenching.

(iii) Revenues generated from fees charged by the Department under this section shall be evenly distributed across funds designed for investment in broadband infrastructure.

(iv) Revenues generated from fees charged by a unit of local government under this section shall be used to improve broadband access and adoption within that jurisdiction.

(d) This section may not be construed to limit or otherwise affect any right granted to the State or a unit of the State under § 253 of the federal Telecommunications Act of 1996 with regard to for profit telecommunications services providers.

(e) On or before January 1, 2022, the Department, after consulting with stakeholders including broadband providers, the Maryland Association of Counties, and the Maryland Municipal League, shall adopt regulations for the implementation of this section, including:

(1) Procedures for charging a fee to a broadband provider for joint trenching on reasonable financial terms; and

(2) Procedures for the Department and units of local government to provide notice of upcoming trenching projects to broadband providers.

(f) This section does not apply to a county or municipal corporation within the Washington Suburban Sanitary District.
Md. Code, Agriculture § 8-602 — MD Code / Article gag / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

(a) To implement the purposes of this subtitle, the Secretary may provide up to 50 percent of the costs necessary to maintain drainage outlet systems constructed under the provisions of Title 25 or Title 26 of the Local Government Article.

(b) Maintenance of drainage outlet systems is limited to the control of vegetation and the removal of channel obstructions and placement of debris. Maintenance does not include major channel reconstruction or realignment or the removal of trees exceeding four inches in diameter at breast height.

(c) Plans for maintenance operations submitted to the Secretary for cost sharing shall include cost estimates and shall be approved by the appropriate soil conservation district.

(d) The approval of the Secretary for cost sharing is conditioned on written commitment of matching funds by the association submitting application for assistance.

(e) The Secretary shall establish priorities for approval of assistance, in consultation with the State Soil Conservation Committee.

(f) The Governor annually shall include funds in the State budget to be used for the purposes of this section.
Md. Code, Transportation § 8-204.1 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-204.1
§8–204.
Status: in_force

§8–204.1.

(a) In this section, “complete streets policy” has the meaning stated in § 2–112 of this article.

(b) The Administration shall, in accordance with § 2–112 of this article, adopt a complete streets policy for State highways.