Md. Code, State Government § 2-411 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-411
§2–411.
Status: in_force

(a) In this section, “Board” means the Information Technology Advisory Board.

(b) There is an Information Technology Advisory Board to advise the Legislative Policy Committee.

(c) (1) The Board consists of eight members of the public with expertise in:

(i) enterprise information technology management experience; and

(ii) specific technology experience, including experience with artificial intelligence and cybersecurity.

(2) (i) The President of the Senate shall appoint four of the Board members.

(ii) The Speaker of the House shall appoint four of the Board members.

(3) The President and the Speaker shall jointly designate a member to serve as chair of the Board.

(d) A member of the Board:

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

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

(2) is subject to the Public Ethics Law; and

(3) shall disclose to the State Ethics Commission if the member:

(i) is employed by an entity that currently does business with the State that is related to the matters before the Board; or

(ii) has a financial interest in an entity that currently does business with the State that is related to the matters before the Board.

(e) The Board shall be staffed by the Department of Legislative Services.

(f) The Board shall:

(1) serve as an expert advisory entity to the General Assembly; and

(2) review any State reports or other available information regarding existing major information technology development projects, including:

(i) project management and oversight reports provided confidentially to the Department of Legislative Services;

(ii) any confidential information regarding project risks submitted to the Legislative Policy Committee;

(iii) the State modernization plan;

(iv) legacy system standards, inventory, and funding projections;

(v) State use of the information technology investment maturity model;

(vi) the State centralization strategies for:

1. information technology management; and

2. cybersecurity; and

(vii) the State artificial intelligence roadmap developed by the Governor’s artificial intelligence subcabinet.

(g) On or before December 15 each year, the Board shall submit to the Legislative Policy Committee and the Joint Committee on Cybersecurity, Information Technology, and Biotechnology, in accordance with § 2–1257 of this title, a report that:

(1) interprets and summarizes the reports and other information reviewed under subsection (f)(2) of this section;

(2) provides advice to the State based on the reports and other information reviewed; and

(3) communicates the requisite information in a clear and concise manner that, to the greatest extent possible, avoids the use of technical language or reliance on existing industry knowledge.
Md. Code, Housing and Community Development § 2-115 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-115
§2–115.
Status: in_force

The Secretary may exercise or perform any power, duty, responsibility, or function assigned to a governmental unit in the Department.
Md. Code, Corporations and Associations § 2-408 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-408
§2–408.
Status: in_force

(a) Unless the charter or bylaws of the corporation require a greater proportion or this article requires a different proportion, the action of a majority of the directors present at a meeting at which a quorum is present is the action of the board of directors.

(b) (1) Unless the bylaws of the corporation provide otherwise, a majority of the entire board of directors constitutes a quorum for the transaction of business.

(2) The bylaws may provide that less than a majority, but not less than one–third of the entire board of directors, may constitute a quorum unless:

(i) There are only two or three directors, in which case not less than two may constitute a quorum; or

(ii) There is only one director, in which case that one will constitute a quorum.

(c) Any action required or permitted to be taken at a meeting of the board of directors or of a committee of the board may be taken without a meeting if a unanimous consent which sets forth the action is:

(1) Given in writing or by electronic transmission by each member of the board or committee entitled to vote on the matter; and

(2) Filed in paper or electronic form with the minutes of proceedings of the board or committee.

(d) (1) An individual, whether or not then a director, may assent to an action by a consent that will be effective at a future time that is no later than 60 days after the consent is delivered to the corporation or its agent.

(2) The effective time of a consent under this subsection may include a time determined on the happening of an event that occurs no later than 60 days after the consent is delivered to the corporation or its agent.

(3) A consent under this subsection shall be deemed to have been given at the effective time if the individual:

(i) Is a director at the effective time; and

(ii) Did not revoke the consent before the effective time.

(4) Unless otherwise provided in the consent, a consent under this subsection is revocable before the effective time.

(e) (1) The charter may provide that one or more directors or a class of directors shall have more or less than one vote per director on any matter.

(2) If the charter provides that one or more directors shall have more or less than one vote per director on any matter, every reference in this article to a majority or other proportion of directors shall refer to a majority or other proportion of votes entitled to be cast by the directors.
Md. Code, State Personnel and Pensions § 2-515.2 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-515.2
§2–515.
Status: in_force

§2–515.2.

(a) The Maryland Small Business Retirement Savings Board may enroll and participate in the Program as a satellite organization.

(b) The Board shall:

(1) pay to the State the total costs resulting from the participation of its employees in the Program and a monthly administrative fee determined by the Secretary; and

(2) determine the extent to which the Board will subsidize participation of its employees in the Program.
Md. Code, Public Safety § 2-304 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) The Department may permit a law enforcement agency of the State or a State unit to connect with and use a computer or communication system established by the Department for statewide use including:

(1) a voice communication system;

(2) a data communication system;

(3) a message switching system;

(4) the Maryland Interagency Law Enforcement System (MILES);

(5) the National Crime Information Center (NCIC); and

(6) the National Law Enforcement Telecommunications System (NLETS).

(b) (1) The connection with and use of a computer or communication system under this section is subject to rules adopted by the Secretary to:

(i) promote the purposes of this title;

(ii) ensure the effective, economical, and efficient utilization of the entire system; and

(iii) prevent interference with the law enforcement duties of the Department.

(2) Violation of a rule adopted under this subsection is a sufficient basis to withdraw permission to connect with and use the computer or communication system.

(c) (1) Except as provided in paragraph (2) of this subsection, as provided in the State budget, the State shall pay the cost of rental of the computer and communication equipment and the circuitry necessary for the equipment under this section.

(2) A law enforcement agency that uses the Department’s computer or communication system shall pay the costs of supplies and other charges for the rental or purchase of terminal devices and the circuitry necessary to connect with the Department’s computer or communication system.
Md. Code, Environment § 2-1102 — MD Code / Article gen / Title 2 / Subtitle 11 / Section 2-1102
§2–1102.
Status: in_force

(a) In consultation with the Administration and as provided under this subtitle, the Department shall establish by regulation and maintain a low emissions vehicle program that:

(1) Is authorized by § 177 of the federal Clean Air Act; and

(2) Is applicable to vehicles of the 2011 model year and each model year thereafter.

(b) As part of the program, the Department shall establish new motor vehicle emissions standards and compliance requirements for each model year included in the program as authorized by § 177 of the federal Clean Air Act.

(c) As part of the compliance requirements established under this subtitle, the Department may adopt by regulation motor vehicle emissions inspection, recall, and warranty requirements.

(d) The Department or any other State agency may not adopt a regulation under this subtitle or any other provision of law that requires the sale or use of California reformulated gasoline in the State.
Md. Code, Corporations and Associations § 2-214 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-214
§2–214.
Status: in_force

(a) A corporation may, but is not obliged to:

(1) Issue fractional shares of stock;

(2) Eliminate a fractional interest by rounding up to a full share of stock;

(3) Arrange for the disposition of a fractional interest by the person entitled to it;

(4) Pay cash for the fair value of a fractional share of stock determined as of the time when the person entitled to receive it is determined; or

(5) Issue scrip or other evidence of ownership which:

(i) Entitles its holder to exchange scrip or other evidence of ownership aggregating a full share for a certificate which represents the share; and

(ii) Unless otherwise provided, does not entitle its holder to exercise voting rights, receive dividends, or participate in the assets of the corporation in the event of liquidation.

(b) The board of directors may impose any reasonable condition on the issuance of the scrip or other evidence of ownership, including a condition that:

(1) It becomes void if not exchanged for a certificate representing a full share of stock before a specified date;

(2) The corporation may sell the stock for which the scrip or other evidence of ownership is exchangeable and distribute the proceeds to the holders; or

(3) The proceeds of a sale under paragraph (2) of this subsection are forfeited to the corporation if not claimed within a specified period not less than three years from the date the scrip or other evidence of ownership was originally issued.

(c) A corporation may not issue a certificate representing scrip in bearer form.

(d) For scrip issued without a certificate, on request by a scripholder, the corporation shall deliver to the scripholder, without charge, a statement in writing or by electronic transmission of the information required to be on a certificate under § 2–211 of this subtitle.
Md. Code, Commercial Law § 2A-202 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-202
§2A–202.
Status: in_force

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(a) By course of dealing or usage of trade or by course of performance; and

(b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Md. Code, Health - General § 2-611 — MD Code / Article ghg / Title 2 / Subtitle 6 / Section 2-611
§2–611.
Status: in_force

(a) Beginning October 1, 2010, the Inspector General of the Department and the Director of the Medicaid Fraud Control Unit in the Office of the Attorney General shall report annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the previous fiscal year:

(1) The number of civil actions filed under this subtitle;

(2) The number of civil actions under this subtitle in which a judgment was entered, whether by settlement or adjudication; and

(3) The number of claims made by the State based on alleged violations of § 2–602(a) of this subtitle that are settled without the filing of a civil action under this subtitle.

(b) Unless the action is under seal in accordance with § 2–604 of this subtitle, for each civil action reported under subsection (a)(1) or (2) of this section, the report shall state:

(1) Whether the action was filed by the State or by a person on behalf of the State and, if filed by a person, whether the State intervened and proceeded with the action;

(2) The name of the defendant and the following information about the defendant:

(i) The number of employees and any other data relevant to the size of the defendant;

(ii) The amount of payments made to the defendant in the year prior to the filing of the action from State health plans and, to the extent known by the Inspector General and the Medicaid Fraud Control Unit, from other sources; and

(iii) Whether the defendant is a minority–owned business enterprise as defined by § 14–301 of the State Finance and Procurement Article;

(3) A description of the violation or alleged violation of § 2–602 of this subtitle; and

(4) The amount sought in the action and, if applicable, the amount for which the defendant is liable under a settlement agreement or court order.

(c) For each claim reported under subsection (a)(3) of this section, the report shall state:

(1) A description of the violation or alleged violation of § 2–602 of this subtitle;

(2) The resolution of the claim;

(3) The amount, if any, the person against whom the claim was made agreed to pay in settlement of the claim; and

(4) The amount, if any, collected by the State.
Md. Code, Business Occupations and Professions § 2-319 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-319
§2–319.
Status: in_force

(a) Subject to the provisions of this section, the Board may reinstate:

(1) any license that has been revoked; or

(2) before fulfillment of the conditions of the suspension, any license that has been suspended.

(b) A license may be reinstated under this section only if:

(1) the individual whose license has been revoked or suspended submits a written request to the Board;

(2) the Board holds a hearing on the request;

(3) the Board, by an affirmative vote of a majority of its members, votes to reinstate the license; and

(4) the individual pays to the Board a reinstatement fee set by the Board.
Md. Code, State Personnel and Pensions § 2-311 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(a) In this section, “limitation” includes:

(1) a temporary disability for job–related purposes caused or contributed to by pregnancy or childbirth; and

(2) a restriction on the ability of an employee to perform job functions caused or contributed to by pregnancy or childbirth.

(b) This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems.

(c) A unit of State government, through its appropriate officers and employees, shall provide reasonable accommodations to an employee with a limitation caused or contributed to by pregnancy or childbirth, including by:

(1) changing the employee’s job duties;

(2) changing the employee’s work hours;

(3) relocating the employee’s work area;

(4) providing mechanical or electrical aids;

(5) transferring the employee to a less strenuous or less hazardous position; or

(6) providing leave.

(d) A unit of State government may not:

(1) require an employee to take leave, whether paid or unpaid, if the employer can provide another reasonable accommodation for the employee’s limitation caused or contributed to by pregnancy or childbirth; or

(2) require an employee to accept an accommodation that the employee chooses not to accept if:

(i) the employee does not have a limitation caused or contributed to by pregnancy or childbirth; or

(ii) the accommodation is not necessary for the employee to perform the essential duties of the employee’s job.
Md. Code, Economic Development § 2-113 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) This section does not apply to a power, duty, responsibility, or function that is granted to the Maryland Economic Development Commission under Subtitle 2 of this title.

(b) The Secretary may exercise any power, duty, responsibility, or function of any unit under the jurisdiction of the Department.
Md. Code, Public Safety § 2-404 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

(a) In this section, “obsolete rank” means a rank designated by the Secretary to which no further promotions will be made.

(b) The Secretary shall make all promotions.

(c) (1) Promotion to a rank, except deputy secretary, shall be made in the manner required by rule.

(2) For a noncommissioned rank that has fewer than 25 police employees, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion.

(3) (i) This paragraph does not apply to a rank that requires technical knowledge.

(ii) Except as provided in subsection (d) of this section, a police employee may not be appointed or promoted to a rank unless the police employee:

1. is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or

2. has filled the rank immediately below the rank to which the police employee is to be promoted.

(d) (1) Notwithstanding any other provision of law, the Secretary may appoint without examination:

(i) a police employee who holds a commissioned rank to the rank of Major; and

(ii) a police employee who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.

(2) A police employee appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.

(3) Notwithstanding any other provision of law, on termination of an appointment under this subsection, the police employee may:

(i) return to the rank held before the appointment; or

(ii) be promoted to a higher rank to which the police employee became eligible for promotion during the appointment.

(e) An incumbent police employee in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated.

(f) Promotions of civilian employees shall be made in accordance with the State Personnel and Pensions Article.
Md. Code, Commercial Law § 2-309 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

(1) The time for shipment or delivery or any other action under a contract if not provided in this title or agreed upon shall be a reasonable time.

(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.

(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
Md. Code, Business Regulation § 2-106.5 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.5
§2–106.
Status: in_force

§2–106.5.

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

(2) “Board” means the State Board of Public Accountancy.

(3) “Fund” means the State Board of Public Accountancy Fund.

(b) (1) There is a State Board of Public Accountancy Fund in the Department.

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

(c) The Fund consists of fees collected by the Board and distributed to the Fund under § 2–209 of the Business Occupations and Professions Article.

(d) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board.

(e) The Secretary or a designee of the Secretary shall administer the Fund.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Environment § 2-608 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-608
§2–608.
Status: in_force

(a) Within 1 year after the Department issues a show–cause order or a corrective order, the Department shall take final action and attempt to secure compliance with any final order. If the Department has not secured compliance within this period, the Department shall take immediate steps to seek enforcement under § 2–609 of this subtitle.

(b) Nothing in this section prohibits the Department from bringing an action under § 2–609 of this subtitle within 1 year after the Department issues a show–cause order or a corrective order under this subtitle.
Md. Code, Housing and Community Development § 2-105 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

The Secretary shall have a seal.
Md. Code, Insurance § 2-207 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) (1) The Commissioner shall conduct an examination of an insurer, health maintenance organization, or private review agent at:

(i) the home office of a domestic insurer, foreign insurer, health maintenance organization, or private review agent;

(ii) the United States branch office of an alien insurer, health maintenance organization, or private review agent; or

(iii) a branch or agency office of the insurer, health maintenance organization, or private review agent.

(2) The Commissioner shall conduct an examination of a person other than an insurer, health maintenance organization, or private review agent at:

(i) the place of business of the person; or

(ii) any place where records of the person are kept.

(b) Each person that is examined and its officers, employees, agents, and representatives shall:

(1) produce and make freely available to the Commissioner or an examiner the accounts, records, documents, files, information, assets, and matters that are in the possession or control of the person and relate to the subject of the examination; and

(2) otherwise help the examination to the extent reasonably possible.

(c) (1) At the expense of the person being examined, the Commissioner may retain an actuary, accountant, or other expert, who is not otherwise a part of the staff of the Administration, if reasonably necessary to conduct an examination under this article.

(2) The actuary, accountant, or other expert may rewrite, post, or balance the accounts of the person being examined.

(d) (1) If the Commissioner considers it necessary to value real estate involved in an examination, the Commissioner may request in writing that the person being examined appoint one or more competent appraisers, approved by the Commissioner, to appraise the real estate.

(2) If the person does not appoint an appraiser within 10 days after the request was delivered to the person, the Commissioner may appoint an appraiser.

(3) The appraisal shall be made promptly, and a copy of the appraisal report shall be provided to the Commissioner.

(4) The person being examined shall pay the reasonable expense of the appraisal.
Md. Code, Commercial Law § 2-314 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-314
§2–314.
Status: in_force

(1) Unless excluded or modified (§ 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. Notwithstanding any other provisions of this title

(a) In §§ 2-314 through 2-318 of this title, “seller” includes the manufacturer, distributor, dealer, wholesaler or other middleman or the retailer; and

(b) Any previous requirement of privity is abolished as between the buyer and the seller in any action brought by the buyer.

(2) Goods to be merchantable must be at least such as

(a) Pass without objection in the trade under the contract description; and

(b) In the case of fungible goods, are of fair average quality within the description; and

(c) Are fit for the ordinary purposes for which such goods are used; and

(d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e) Are adequately contained, packaged, and labeled as the agreement may require; and

(f) Conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified (§ 2-316) other implied warranties may arise from course of dealing or usage of trade.

(4) Subsections (1) and (2) of this section apply to a lease of goods and a bailment for hire of goods that pass through the physical possession of and are maintained by the lessor, sublessor, or bailor.
Md. Code, Environment § 2-1101 — MD Code / Article gen / Title 2 / Subtitle 11 / Section 2-1101
§2–1101.
Status: in_force

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

(b) “Administration” means the Motor Vehicle Administration.

(c) “Program” means the low emissions vehicle program established under this subtitle.

(d) “Transfer” includes acquire, purchase, sell, and lease.
Md. Code, Criminal Law § 2-507 — MD Code / Article gcr / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(a) An indictment, information, or other charging document for a crime under this subtitle is sufficient if it substantially states:

(1) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;

(2) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol per se by killing (name of victim) against the peace, government, and dignity of the State.”;

(3) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;

(4) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by drugs by killing (name of victim) against the peace, government, and dignity of the State.”; or

(5) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by a controlled dangerous substance by killing (name of victim) against the peace, government, and dignity of the State.”.

(b) An indictment, information, or other charging document for a crime under this subtitle need not set forth the manner or means of death.
Md. Code, Public Utilities § 2-107 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) Each commissioner, the Chairman of the Commission, the General Counsel, the Executive Secretary, and the Executive Director are entitled to compensation as provided in the State budget.

(b) (1) The salary of the Chairman of the Commission shall be at least $40,000 a year.

(2) The salary of each commissioner shall be at least $35,000 a year.

(c) A commissioner and other Commission personnel are entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Election Law § 2-109 — MD Code / Article gel / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

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

(2) “Appropriate persons” means:

(i) the State Board;

(ii) the Governor;

(iii) the President of the Senate of Maryland;

(iv) the Speaker of the House of Delegates;

(v) the Attorney General; and

(vi) the Department of Information Technology.

(3) “Contract” means an agreement in any form entered into by a governmental entity for a procurement as defined in § 11–101 of the State Finance and Procurement Article.

(4) (i) “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board.

(ii) “Election service provider” includes a contractor and vendor.

(5) “Election system” includes:

(i) a voting system;

(ii) an election management system;

(iii) a voter registration website or database;

(iv) an electronic pollbook;

(v) a system for tabulating or reporting election results; and

(vi) any other information system that is determined to be central to the management, support, or administration of an election.

(6) “Foreign national” includes:

(i) an individual who is a citizen of a foreign country; and

(ii) an individual, a partnership, an association, a corporation, an organization, or any other combination of individuals organized under the laws of or having its principal place of business in a foreign country.

(b) The State Board may not approve a contract with an election service provider unless the contract includes a clause requiring the election service provider to provide the State Board notice of:

(1) any ownership of or investment in the election service provider or control of the election service provider by a foreign national at the time of the award of the contract; and

(2) any material change in any ownership of or investment in the election service provider or control of the election service provider by a foreign national at any time for the duration of the contract.

(c) The notice required under subsection (b) of this section shall include:

(1) the name and nationality of the foreign national that has ownership of or investment in or control of the election service provider; and

(2) the nature and extent of the ownership, investment, or control.

(d) On a determination by the State Administrator that the foreign national has the ability to control, influence, or direct the election service provider in any manner that would compromise or influence, or give the appearance of compromising or influencing, the independence and integrity of an election, the State Administrator may terminate, in whole or in part, the contract with the election service provider.

(e) Within 7 days after the State Administrator exercises the authority to terminate, in whole or in part, a contract with an election service provider under subsection (d) of this section, the State Administrator shall notify the appropriate persons in writing of the termination of the contract and the State Administrator’s reasons for terminating the contract.
Md. Code, Transportation § 2-801 — MD Code / Article gtr / Title 2 / Subtitle 8 / Section 2-801
§2–801.
Status: in_force

§2–801. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 131 OF 2023 //

(a) For fiscal years 2024 through 2028, the Governor shall include in the annual State budget an appropriation of $500,000 from the Transportation Trust Fund for the operation of the replica sailing vessel known as the Pride of Baltimore II.

(b) On or before December 1, 2023, and on or before December 1 each year thereafter, any person or entity receiving funds under this section shall submit a report to the Department and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes:

(1) An accounting of how the funds were expended, supported by properly executed records, receipts, vouchers, invoices, and contracts that evidence the nature of the expenditures;

(2) An itinerary and any other information that demonstrates that the Pride of Baltimore II was operated solely for the purposes of promoting historical maritime education, fostering economic development and tourism, and representing the citizens of Maryland in every port visited; and

(3) A strategic business plan that includes:

(i) A goal to decrease or eliminate the need for State funds;

(ii) An annual operating budget and plan for the current year and the following year; and

(iii) To the extent practicable, the itinerary of the Pride of Baltimore II.
Md. Code, Alcoholic Beverages and Cannabis § 2-310 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

(a) This section does not apply to a holder of a nonresident winery permit.

(b) Before a holder of a wholesaler’s license may sell and deliver alcoholic beverages acquired by the wholesaler to a holder of a retail license, the alcoholic beverages shall come to rest on the licensed premises of the wholesaler.
Md. Code, State Government § 2-1003 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1003
§2–1003.
Status: in_force

(a) On or before June 1 of each year, the Legislative Policy Committee shall create a Spending Affordability Committee comprised of an equal number of Senators and Delegates. The Committee membership includes:

(1) the President and the Speaker;

(2) the chairs of the Senate Budget and Taxation Committee and the House Appropriations Committee;

(3) the majority and minority leaders of the Senate and the House or their designees; and

(4) other members of the Senate and the House who may be appointed by the President and the Speaker.

(b) The chair of the Committee shall be designated jointly by the President and the Speaker.

(c) The President and the Speaker may appoint an advisory committee of citizens to assist the Committee in its deliberations.
Md. Code, Alcoholic Beverages and Cannabis § 2-207 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) In this section, “affiliate” means a person that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with a holder of a Class 5 brewery license.

(b) There is a Class 5 brewery license.

(c) A license holder may:

(1) establish and operate a plant for brewing and bottling malt beverages at the location described in the license;

(2) import beer from a holder of a nonresident dealer’s permit;

(3) contract to brew and bottle beer with and on behalf of the holder of a Class 2 rectifying license, Class 5 brewery license, Class 7 micro–brewery license, Class 8 farm brewery license, or a nonresident dealer’s permit;

(4) sell and deliver beer to:

(i) a holder of a wholesaler’s license that is authorized to acquire beer; or

(ii) a person outside of the State that is authorized to acquire beer;

(5) subject to subsection (i) of this section, serve, at the location described in the license and at no charge, samples of beer, consisting of a total of not more than 18 ounces of beer per visit, to an individual who:

(i) has attained the legal drinking age; and

(ii) is participating in a guided tour of the brewery or attends a scheduled promotional event or other organized activity at the brewery;

(6) subject to subsections (d) and (i) of this section, sell beer for off–premises consumption at the location described in the license, at retail in a container other than a keg to an individual who has attained legal drinking age;

(7) subject to subsection (f) of this section, sell beer at the location described in the license for on–premises consumption; and

(8) brew and bottle malt beverages at a location listed on a permit issued to the license holder in accordance with § 2–113 of this title.

(d) An individual may purchase beer under subsection (c)(6) of this section if the individual has attained the legal drinking age.

(e) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $1,500.

(f) (1) (i) A local licensing board may grant an on–site consumption permit to an applicant that holds a Class 5 brewery license and, subject to paragraph (5) of this subsection, a Class D beer license.

(ii) On request, a local licensing board may grant an applicant a conditional on–site consumption permit or a conditional Class D beer license.

(iii) The conditional permit or conditional license shall become effective after the applicant:

1. files a completed brewer’s notice form with the U.S. Department of Treasury;

2. obtains a Class 5 brewery license; and

3. fulfills any other obligation required by law that the local licensing board identifies.

(2) Subject to the maximum volume limit under paragraph (4) of this subsection, a Class D beer license or an equivalent license under paragraph (5) of this subsection entitles the holder to sell to an individual who has attained the legal drinking age, for on–premises consumption at the brewery:

(i) beer:

1. of which the holder of the Class 5 license is the brand owner; and

2. that is fermented and brewed entirely by the license holder at a location authorized by this section;

(ii) beer that is fermented and brewed entirely at the brewery under contract with a brand owner who does not possess a Class 5 license; and

(iii) subject to paragraph (3) of this subsection, beer brewed at a location other than the Class 5 brewery if:

1. the brand owner of the beer is the holder of the Class 5 license or an affiliate of the holder of the Class 5 license;

2. the number of barrels of the beer sold for on–premises consumption under the Class D beer license or an equivalent license or an on–site consumption permit in a calendar year does not exceed the greater of:

A. 35% of the total number of barrels of beer sold for on–premises consumption under the Class D license or an equivalent license or an on–site consumption permit in that calendar year; or

B. 1.2% of total finished production under the Class 5 brewery license; and

3. A. the license holder contracts with or on behalf of a holder of a manufacturer’s license or nonresident dealer’s permit; or

B. the beer is manufactured by an affiliate of the license holder.

(3) (i) This paragraph applies to a Class 5 brewery with more than 1,000,000 barrels of finished production annually, alone or in combination with its affiliates.

(ii) Beer that is delivered to the Class 5 brewery in finished form may be sold for on–premises consumption under paragraph (2)(iii)2 of this subsection only if it is purchased from a licensed wholesaler.

(4) The total amount of beer sold each year for on–premises consumption under this subsection may not exceed 5,000 barrels.

(5) Before a local licensing board that does not issue a Class D beer license may grant an on–site consumption permit, the local licensing board shall:

(i) establish an equivalent license; and

(ii) require the applicant to obtain that equivalent license.

(6) A local licensing board may charge a fee for granting an on–site consumption permit.

(7) A local licensing board shall require the holder of an on–site consumption permit or a Class D beer license or an equivalent license under paragraph (5) of this subsection to:

(i) comply with the alcohol awareness requirements under § 4–505 of this article; and

(ii) abide by all applicable trade practice restrictions.

(g) (1) This subsection does not apply to:

(i) the holder of a Class 5 brewery license that held an on–site consumption permit and a Class D license or an equivalent license on or before April 1, 2017, and any transferee of those licenses;

(ii) an individual who held a minority interest in an on–site consumption permit and a Class D license or an equivalent license on or before April 1, 2017, and then obtains by transfer a majority interest in the same license or permit;

(iii) a location in the State for which a completed brewer’s notice form was filed with the U. S. Department of Treasury on or before April 1, 2017;

(iv) a permit issued under § 2–140 of this title; and

(v) a guided tour during which:

1. samples of beer are served under subsection (c)(5) of this section; or

2. beer is sold for off–premises consumption under subsection (c)(6) of this section.

(2) This subsection applies to:

(i) a holder of a Class 5 brewery license who:

1. after April 1, 2017, obtains an on–site consumption permit and a Class D beer license or equivalent license for on–premises consumption; or

2. not holding a minority interest in an on–site consumption permit and a Class D license or an equivalent license on or before April 1, 2017, obtains a majority interest by transfer in an on–site consumption permit and a Class D license or an equivalent license; and

(ii) notwithstanding paragraph (1)(iii) of this subsection, a manufacturer of beer with more than 1,000,000 barrels of finished production annually alone or in combination with its affiliates.

(3) Notwithstanding any provision in Division II of this article, the sales and serving privileges of an on–site consumption permit and a Class D license or an equivalent license may be exercised only from 10 a.m. to 10 p.m. Monday through Sunday.

(h) All beer offered, served, or sold to a consumer under subsection (c)(5) or (6) of this section shall be:

(1) fermented and brewed entirely at the Class 5 brewery; or

(2) beer of which the license holder or an affiliate of the license holder is the brand owner.

(i) (1) (i) The Executive Director may issue a refillable container permit for draft beer under § 4–1104 or Subtitle 11 of the various titles in Division II of this article to a holder of a Class 5 brewery license:

1. on completion of an application form that the Executive Director provides; and

2. at no cost to the holder of the Class 5 brewery license.

(ii) A refillable container permit may be renewed each year concurrently with the renewal of the Class 5 brewery license.

(2) The hours of sale for a refillable container permit issued under this subsection are the same as the hours when a guided tour, a promotional event, or other organized activity at the licensed premises authorized under subsection (c) of this section may be conducted.

(j) The license holder shall report to the Executive Director annually on a form provided by the Executive Director on:

(1) the amount of alcoholic beverages produced under the license;

(2) the amount of alcoholic beverages sold for off–premises consumption; and

(3) the amount of alcoholic beverages sold for on–premises consumption.

(k) Except as otherwise provided by law, the license holder may not sell alcoholic beverages for off–premises consumption to a person who intends to resell the alcoholic beverages.
Md. Code, Insurance § 2-210 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

(a) (1) The Commissioner may hold hearings that the Commissioner considers necessary for any purpose under this article.

(2) The Commissioner shall hold a hearing:

(i) if required by any provision of this article; or

(ii) except as otherwise provided in this article, on written demand by a person aggrieved by any act of, threatened act of, or failure to act by the Commissioner or by any report, regulation, or order of the Commissioner, except an order to hold a hearing or an order resulting from a hearing.

(b) (1) A demand for a hearing shall state the grounds for the relief to be demanded at the hearing.

(2) Within 30 consecutive days after receiving a demand for a hearing, the Commissioner shall:

(i) grant and, unless postponed by mutual consent of the parties, hold the hearing; or

(ii) issue an order refusing the hearing.

(3) If the Commissioner does not grant or refuse a hearing within the 30–day period, the hearing is deemed to have been refused.

(c) (1) Except as provided in paragraph (2) of this subsection, a hearing held under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases).

(2) A hearing held under this section is not subject to § 10–216 of the State Government Article.

(d) The Commissioner may delegate to the Deputy Commissioner, an associate deputy commissioner, an associate commissioner, or one other Administration employee who is designated by the Commissioner and admitted to the practice of law in the State the responsibility for holding a hearing under this section or § 4–114 of this article.
Md. Code, Environment § 2-505 — MD Code / Article gen / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

Except to the extent necessary to give effect to the temporary fuel variance, a petitioner who is granted a temporary fuel variance shall comply with any applicable law, rule, or regulation, and with any order, permit, or other temporary fuel variance previously issued or granted under this title.
Md. Code, State Personnel and Pensions § 2-502.1 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-502.1
§2–502.
Status: in_force

§2–502.1.

(a) In this section, “Maryland Rx Program” means a purchasing pool for pharmacy benefits that meets the requirements of this section.

(b) The Department shall establish a Maryland Rx Program to achieve savings on the cost of prescription drugs for:

(1) the State Employee and Retiree Health and Welfare Benefits Program; and

(2) any local government or other entity identified under this subtitle that satisfies the conditions for participation established by the Department.

(c) The Maryland Rx Program shall seek savings through:

(1) a preferred list of covered prescription drugs;

(2) rebates from drug manufacturers;

(3) negotiated discounts; and

(4) other cost-saving measures.

(d) (1) Each entity that participates in the Maryland Rx Program shall be responsible for the cost of drugs purchased by or on behalf of the entity.

(2) The cost of drugs purchased by or on behalf of the State Employee and Retiree Health and Welfare Benefits Program shall be paid in accordance with the State budget and the provisions of this subtitle.

(e) The State may:

(1) provide start-up funds for the Maryland Rx Program; and

(2) recoup any start-up funds from savings achieved for participating entities through the Maryland Rx Program.

(f) The Department may charge an administrative fee to an entity sufficient to offset the administrative costs resulting from the entity’s participation in the Maryland Rx Program.

(g) The Department shall use a reverse auction, as provided for in § 2–502.2 of this subtitle, to select a pharmacy benefit manager or other entity to administer the Maryland Rx Program.

(h) The Department shall adopt regulations to implement this section.
Md. Code, Transportation § 2-603 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) There is a Director of Bicycle and Pedestrian Access in the Office of the Secretary.

(b) (1) The Director shall be appointed by the Secretary with the approval of the Governor.

(2) The Director shall be a person with experience in transportation planning with specialized knowledge in matters relating to bicycle and pedestrian access to transportation facilities.

(c) (1) The Director serves at the pleasure of the Secretary and shall report directly to the Secretary.

(2) Subject to the authority of the Secretary, the Director is responsible for carrying out:

(i) The powers and duties vested by law in the Director; and

(ii) Those powers and duties vested in the Secretary and delegated to the Director by the Secretary.

(d) The Director is entitled to the salary provided in the State budget.
Md. Code, Commercial Law § 2A-108 — MD Code / Article gcl / Title 2A / Subtitle 1 / Section 2A-108
§2A–108.
Status: in_force

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

(3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.

(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:

(a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney’s fees to the lessee.

(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he (or she) knew to be groundless, the court shall award reasonable attorney’s fees to the party against whom the claim is made.

(c) In determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsection (1) and (2) is not controlling.
Md. Code, Public Utilities § 2-308 — MD Code / Article gpu / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

(a) This section applies to each individual subject to § 2–302 of this subtitle and to:

(1) each spouse, dependent child, parent, brother, or sister of each commissioner, the People’s Counsel, the General Counsel, and each public utility law judge; and

(2) each spouse or dependent child of each other officer or employee of the Commission or Office of People’s Counsel.

(b) (1) A public service company or its officer, agent, or employee may not offer a gift, gratuity, or special consideration to an individual subject to this section.

(2) This section does not preclude an individual from offering a gift to a relative.
Md. Code, State Personnel and Pensions § 2-703 — MD Code / Article gsp / Title 2 / Subtitle 7 / Section 2-703
§2–703.
Status: in_force

(a) A returning veteran who was inducted into the armed forces is eligible for reinstatement under this subtitle if the veteran:

(1) performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;

(2) received a certificate of satisfactory completion of military service; and

(3) except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is discharged from that military service.

(b) A returning veteran who enlisted in the armed forces is eligible for reinstatement under this subtitle if the veteran:

(1) performed military service of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;

(2) was released from service under honorable conditions; and

(3) except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the end of the enlistment period.

(c) A returning veteran who was called to active duty in the uniformed services is eligible for reinstatement under this subtitle if the veteran:

(1) performed service in the uniformed services of a nature and length that meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of a returning veteran;

(2) was relieved from active duty under honorable conditions; and

(3) except as otherwise provided in § 2–704 of this subtitle, submits an application for reinstatement within 90 days after the veteran is relieved from that duty.
Md. Code, Courts and Judicial Proceedings § 2-608 — MD Code / Article gcj / Title 2 / Subtitle 6 / Section 2-608
§2–608.
Status: in_force

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

(2) “Adult protective services worker” means a human service worker, as defined in § 14–101 of the Family Law Article, employed by a public adult protective services program.

(3) “Charging document” means a written accusation alleging that a defendant has committed an offense.

(4) “Child welfare caseworker” means a human services professional who meets the qualifications for employment under § 4–301 of the Human Services Article.

(5) “Citation” means a charging document, other than an indictment, an information, or a statement of charges, issued to a defendant by a peace officer or other person authorized by law to do so.

(6) “Educator” means a principal, vice–principal, teacher, or teacher’s aide at a public or private preschool, elementary, or secondary school.

(7) “Emergency services personnel” means:

(i) A career firefighter of a county or municipal corporation;

(ii) An emergency medical services provider as defined in § 13–516 of the Education Article of a county or municipal corporation;

(iii) A rescue squad employee of a county or municipal corporation; and

(iv) A volunteer firefighter, rescue squad member, or advanced life support unit member of a county or municipal corporation.

(8) “Indictment” means a charging document returned by a grand jury and filed in circuit court.

(9) “Information” means a charging document filed in court by a State’s Attorney.

(10) “Law enforcement officer” means:

(i) A law enforcement officer as defined in § 1–101 of the Public Safety Article;

(ii) The Police Commissioner of Baltimore City;

(iii) An individual who serves at the pleasure of the Police Commissioner of Baltimore City;

(iv) The police chief of a county law enforcement agency;

(v) The police chief of a municipal corporation;

(vi) The police chief or superintendent of a State law enforcement agency;

(vii) The sheriff of a county;

(viii) An officer who is on probationary status on initial entry into a law enforcement agency;

(ix) A correctional officer as defined in § 8–201 of the Correctional Services Article; or

(x) Any federal law enforcement officer who exercises the powers set forth in § 2–104 of the Criminal Procedure Article.

(11) “Offense” means a violation of the criminal laws of the State or any political subdivision of the State.

(12) “Statement of charges” means a charging document, other than a citation, filed in District Court by a peace officer, a District Court Judge, or a District Court Commissioner.

(b) An application filed in the District Court that requests that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or educator shall immediately be forwarded to the State’s Attorney.

(c) (1) Upon receiving an application filed in District Court requesting that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator, the State’s Attorney shall:

(i) Investigate the circumstances of the matter; and

(ii) Make a recommendation to the District Court Commissioner as to whether a statement of charges should be filed against the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator.

(2) If the State’s Attorney recommends to a District Court Commissioner that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator, the State’s Attorney shall also make a recommendation as to whether a summons or warrant should issue.

(d) Notwithstanding any other provision of the Code or the Maryland Rules, a statement of charges for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator may not be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or educator until the State’s Attorney has investigated the circumstances of the matter and made recommendations to the District Court Commissioner in accordance with subsection (c) of this section.

(e) This section may not be construed to preclude the State’s Attorney from making a determination that an information should be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator or that a grand jury should be convened to determine whether an indictment should be filed.
Md. Code, State Finance and Procurement § 2-209 — MD Code / Article gsf / Title 2 / Subtitle 2 / Section 2-209
§2–209.
Status: in_force

§2–209. IN EFFECT

(a) In this section, “Council” means the Maryland Efficient Grant Application Council.

(b) There is a Maryland Efficient Grant Application Council.

(c) (1) The Council consists of the following members:

(i) the Chief Procurement Officer, or the Chief Procurement Officer’s designee;

(ii) the State Treasurer, or the State Treasurer’s designee;

(iii) the Comptroller, or the Comptroller’s designee;

(iv) the Attorney General, or the Attorney General’s designee;

(v) the Secretary of Budget and Management, or the Secretary’s designee;

(vi) the Secretary of Health, or the Secretary’s designee;

(vii) the Secretary of Human Services, or the Secretary’s designee;

(viii) the Secretary of Housing and Community Development, or the Secretary’s designee;

(ix) the Secretary of Agriculture, or the Secretary’s designee;

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

(xi) the State Superintendent of Schools, or the State Superintendent’s designee;

(xii) the Director of the Maryland Energy Administration, or the Director’s designee;

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

(xiv) the chair of the Maryland Higher Education Commission, or the chair’s designee;

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

(xvi) the nonprofit organizations navigator, or the navigator’s designee, who shall serve as a nonvoting member;

(xvii) a representative from the Maryland Association of Counties;

(xviii) a representative from the Maryland Municipal League;

(xix) five representatives of private nonprofit organizations with experience providing services funded by State or federal grants and that reflect the size and diversity of the nonprofit grant recipients in the State, appointed by the Governor;

(xx) one representative of a private nonprofit organization, appointed by the President of the Senate; and

(xxi) one representative of a private nonprofit organization, appointed by the Speaker of the House.

(2) (i) This paragraph applies to members of the Council appointed under paragraph (1)(xix) of this subsection.

(ii) The term of a member is 4 years.

(iii) The terms of members are staggered as required by the terms provided for members of the Council on July 1, 2020.

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

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

(vi) The Governor may remove a member for neglect of duty, incompetence, or misconduct.

(d) The Secretary of Budget and Management, or the Secretary’s designee shall serve as Chair of the Council.

(e) The staffing responsibilities of the Council shall be shared by the agencies represented on the Council.

(f) A member of the Council:

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

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

(g) The Council shall:

(1) advise the Department of Budget and Management on the implementation of § 2–210 of this subtitle; and

(2) monitor and report to the Department of Budget and Management on the State’s progress towards implementing § 2–210 of this subtitle.

§2–209. // EFFECTIVE JUNE 30, 2027 PER CHAPTERS 314 AND 315 OF 2025 //

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTERS 28 AND 29 OF 2024 //

(a) In this section, “Council” means the Maryland Efficient Grant Application Council.

(b) There is a Maryland Efficient Grant Application Council.

(c) (1) The Council consists of the following members:

(i) the Chief Procurement Officer, or the Chief Procurement Officer’s designee;

(ii) the State Treasurer, or the State Treasurer’s designee;

(iii) the Comptroller, or the Comptroller’s designee;

(iv) the Attorney General, or the Attorney General’s designee;

(v) the Secretary of Budget and Management, or the Secretary’s designee;

(vi) the Secretary of Health, or the Secretary’s designee;

(vii) the Secretary of Human Services, or the Secretary’s designee;

(viii) the Secretary of Housing and Community Development, or the Secretary’s designee;

(ix) the Secretary of Agriculture, or the Secretary’s designee;

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

(xi) the State Superintendent of Schools, or the State Superintendent’s designee;

(xii) the Director of the Maryland Energy Administration, or the Director’s designee;

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

(xiv) the chair of the Maryland Higher Education Commission, or the chair’s designee;

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

(xvi) a representative from the Maryland Association of Counties;

(xvii) a representative from the Maryland Municipal League;

(xviii) five representatives of private nonprofit organizations with experience providing services funded by State or federal grants and that reflect the size and diversity of the nonprofit grant recipients in the State, appointed by the Governor;

(xix) one representative of a private nonprofit organization, appointed by the President of the Senate; and

(xx) one representative of a private nonprofit organization, appointed by the Speaker of the House.

(2) (i) This paragraph applies to members of the Council appointed under paragraph (1)(xviii) of this subsection.

(ii) The term of a member is 4 years.

(iii) The terms of members are staggered as required by the terms provided for members of the Council on July 1, 2020.

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

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

(vi) The Governor may remove a member for neglect of duty, incompetence, or misconduct.

(d) The Secretary of Budget and Management, or the Secretary’s designee shall serve as Chair of the Council.

(e) The staffing responsibilities of the Council shall be shared by the agencies represented on the Council.

(f) A member of the Council:

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

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

(g) The Council shall:

(1) advise the Department of Budget and Management on the implementation of § 2–210 of this subtitle; and

(2) monitor and report to the Department of Budget and Management on the State’s progress towards implementing § 2–210 of this subtitle.
Md. Code, State Government § 2-1231 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1231
§2–1231.
Status: in_force

There is an Office of Program Evaluation and Government Accountability in the Department.
Md. Code, Health Occupations § 2-314 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314
§2–314.
Status: in_force

Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a license or limited license to any applicant, reprimand any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or limited license if the applicant, licensee, or holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or limited license for the applicant, licensee, or holder or for another;

(2) Fraudulently or deceptively uses a license or limited license;

(3) Commits fraud or deceit in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Obtains a fee through fraud or misrepresentation;

(6) Directly or indirectly employs any unlicensed person or any person whose license or limited license has been suspended;

(7) Uses or promotes or causes the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation;

(8) In the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology:

(i) Falsely represents the use or availability of services or advice of a physician; or

(ii) Misrepresents the applicant, licensee, or holder by using the word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate;

(9) Permits another person to use the license of the licensee or limited license of the holder;

(10) Commits any act of unprofessional conduct in the practice of audiology, hearing aid dispensing, or speech–language pathology, or the assistance of the practice of speech–language pathology or audiology;

(11) Violates any lawful order given or regulation adopted by the Board;

(12) Violates any provision of this title;

(13) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(14) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(15) Practices audiology, hearing aid dispensing, or speech–language pathology, or assists in the practice of speech–language pathology or audiology with an unauthorized person or supervises or aids an unauthorized person in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;

(16) Knowingly makes or files a false report or record in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance in the practice of speech–language pathology or audiology;

(17) Knowingly fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(18) Submits a false statement to collect a fee;

(19) Is professionally, physically, or mentally incompetent;

(20) Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(21) Behaves immorally in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;

(22) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(23) Pays or agrees to pay any sum to any person for bringing or referring a patient;

(24) Fails to submit to a criminal history records check in accordance with § 2–303.1 of this subtitle; or

(25) Supervises or aids an unauthorized individual in the assistance of audiology.
Md. Code, Alcoholic Beverages and Cannabis § 2-501 — MD Code / Article gab / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

(a) There is a State caterer’s license.

(b) The license may be issued as a general statewide or a limited statewide caterer’s license.
Md. Code, Agriculture § 2-604 — MD Code / Article gag / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

The Department may:

(1) Make farmer disaster loans and extend or modify the terms of an existing loan, set the principal amounts and maturities (not exceeding five years) thereof, enforce them according to their terms, and execute all necessary and convenient documents in connection therewith; foreclose mortgages; and obtain and enforce deficiency judgments. Approval or execution by the Board of Public Works is not needed to assign for value, to release loans when paid, or to accomplish foreclosures.

(2) Require and obtain appraisals, credit information, and other information necessary or desirable to make sound loans, and to adopt reasonably minimum requirements of creditworthiness and security.

(3) Contract for services relating to any aspect of the operations of the program in accordance with procedures required by law for State contracts.

(4) Adopt, and amend from time to time, in accordance with statutory requirements, rules and regulations governing all aspects of the operation of the program, including definitions of terms.
Md. Code, Corporations and Associations § 2-105 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) A corporation may provide by its charter:

(1) For one or more classes or series of stock, the voting rights of each class or series, and any restriction on or denial of these rights;

(2) That the holders of one or more classes or series of stock have exclusive voting rights on a charter amendment that would alter only the contract rights, as expressly set forth in the charter, of the specified class or series of stock;

(3) As to each class or series of stock, either the par value of the shares or that the shares are without par value;

(4) (i) That the corporation shall set apart dividends for or pay dividends to the holders of a specified class or series of stock before any dividends are set apart for or paid to the holders of another class or series of stock;

(ii) The rate, amount, and time of payment of the dividends; and

(iii) Whether the dividends are cumulative, cumulative to a limited extent, or noncumulative;

(5) That any specified class or series of stock is preferred over another class or series as to its distributive share of the assets on voluntary or involuntary liquidation of the corporation and the amount of the preference;

(6) That any specified class or series of stock may be redeemed at the option of the corporation or of the holders of the stock and the terms and conditions of redemption, including the time and price of redemption;

(7) That any specified class or series of stock is convertible into shares of stock of one or more other classes or series and the terms and conditions of conversion;

(8) That the holders of any specified securities issued or to be issued by the corporation have any voting or other rights which, by law, are or may be conferred on stockholders;

(9) For any other preferences, rights, restrictions, including restrictions on transferability, and qualifications not inconsistent with law;

(10) That the board of directors may classify or reclassify any unissued stock from time to time by setting or changing the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends, qualifications, or terms or conditions of redemption of the stock;

(11) (i) For any grant to the holders of the stock of the corporation, including a specified class or series of stock, of the preemptive right to subscribe to:

1. Any or all additional issues of the stock; or

2. Any securities of the corporation convertible into additional issues of stock; or

(ii) For any definition or limitation of the preemptive rights of stockholders to acquire additional stock or securities in the corporation;

(12) For restrictions on transferability or ownership for any purpose, including restrictions designed to permit a corporation to qualify as:

(i) A real estate investment trust under the Internal Revenue Code or regulations adopted under the Internal Revenue Code; or

(ii) An investment company under the Investment Company Act of 1940 or regulations adopted under the Investment Company Act of 1940; and

(13) That the board of directors, with the approval of a majority of the entire board, and without action by the stockholders, may amend the charter to increase or decrease the aggregate number of shares of stock of the corporation or the number of shares of stock of any class or series that the corporation has authority to issue.

(b) (1) In this subsection, “facts ascertainable outside the charter” includes:

(i) An action or determination by any person, including the corporation, its board of directors, an officer or agent of the corporation, and any other person affiliated with the corporation;

(ii) The contents of any agreement to which the corporation is a party or any other document; and

(iii) Any other event.

(2) Any of the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends, qualifications, or terms or conditions of redemption of any class or series of stock may be made dependent upon facts ascertainable outside the charter and may vary among holders thereof, provided that the manner in which such facts or variations shall operate upon the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends, qualifications, or terms or conditions of redemption of such class or series of stock is clearly and expressly set forth in the charter.

(c) Notwithstanding subsection (a)(13) of this section, the board of directors of a corporation that is registered or intends to register as an open–end company under the Investment Company Act of 1940, after the registration as an open–end company takes effect, may increase or decrease the aggregate number of shares of stock or the number of shares of stock of any class that the corporation has authority to issue, unless a provision has been included in the charter of the corporation after July 1, 1987, prohibiting an action by the board of directors to increase or decrease the aggregate number of shares of stock or the number of shares of stock of any class that the corporation has authority to issue.
Md. Code, Courts and Judicial Proceedings § 2-308 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

(a) A sheriff shall collect the fees of a clerk, register, attorney, or other officer when requested to do so.

(b) A sheriff is answerable for all penalties imposed on an inhabitant of his county by a court of the State unless he shows that the person liable for the penalty is insolvent.

(c) A sheriff may request a writ of execution for an uncollected fee or penalty, however, no levy may be made under the writ until 60 days after the date it was issued. Before the 60 days elapse, the person against whom the writ was issued may post a recognizance to stay the execution. If a recognizance is forfeited, the sheriff shall deduct the costs incurred by a county and pay them to the clerk of the court for payment to the county.

(d) (1) After deducting costs, all fees or penalties collected by a sheriff shall be paid to the county where the offense occurred, or to the person or entity entitled to receive them.

(2) Costs shall be paid to the person entitled to receive them.
Md. Code, Corporations and Associations § 2-309 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

(a) In this section, “reverse stock split” means a combination of outstanding shares of stock of a corporation into a lesser number of shares of stock of the same class without any change in the aggregate amount of stated capital of the corporation, except for a change resulting from the elimination of fractional shares in accordance with § 2–214 of this title.

(b) If authorized by its board of directors, a corporation may make distributions to its stockholders, subject to any restriction in its charter and the limitations in § 2–311 of this subtitle.

(c) (1) A division of issued shares into a greater number of shares of the same class without any change in the aggregate amount of stated capital is a stock split, and a division with a change in the aggregate amount of stated capital is a stock dividend within the meaning of this subsection.

(2) If authorized by its board of directors and unless the charter provides otherwise, shares may be issued by a corporation, without consideration to the holders of one or more classes or series of stock, as a stock split or a stock dividend.

(3) If a stock dividend is payable in a corporation’s own stock with par value, the shares shall be issued at par value and, at the time the stock dividend is paid, the corporation shall transfer from surplus to stated capital an amount at least equal to the aggregate par value of the shares to be issued.

(4) If a stock dividend is payable in a corporation’s own stock without par value, the board of directors shall adopt at the time the stock dividend is declared a resolution which sets the aggregate amount to be attributed to stated capital with respect to the shares that constitute the stock dividend and, at the time the stock dividend is paid, the corporation shall transfer at least that amount from surplus to stated capital.

(d) If the board of directors of a corporation has given general authorization for a distribution and provides for or establishes a method or procedure for determining the maximum amount of the distribution, the board may delegate to an officer of the corporation the power, in accordance with the general authorization, to fix the amount and other terms of the distribution.

(e) (1) This subsection applies to a corporation with a class of equity securities registered under the Securities Exchange Act of 1934.

(2) Unless prohibited by the charter of a corporation by reference to this subsection or the subject matter of this subsection, the board of directors of the corporation may amend the charter, with the approval of a majority of the board of directors and without stockholder action, to effect a reverse stock split that results in a combination of shares of stock at a ratio of not more than 10 shares of stock into one share of stock in any 12–month period.

(3) Within 20 days after the effective date of the reverse stock split, the corporation shall give written notice of the reverse stock split to each holder of record of the combined shares of stock as of the effective date.
Md. Code, Commercial Law § 2-611 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-611
§2–611.
Status: in_force

(1) Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.

(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this title (§ 2-609).

(3) Retraction reinstates the repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Md. Code, Transportation § 2-103.1 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-103.1
§2–103.
Status: in_force

§2–103.1.

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

(2) “Capital project” means:

(i) Any project for which funds are expended for construction, reconstruction, or rehabilitation of a transportation facility by the Department or of a transportation facilities project by the Maryland Transportation Authority; or

(ii) Capital equipment, as defined by the Secretary.

(3) “Construction phase” means the phase of a capital project in which the project is committed and advanced from the project development phase to completion.

(4) “Major capital project” means any new, expanded, or significantly improved facility or service that involves planning, environmental studies, design, right–of–way, construction, or purchase of essential equipment related to the facility or service.

(5) “Major transportation project” has the meaning stated in § 2–103.7 of this subtitle.

(6) “Minor capital project” means any project for the preservation or rehabilitation of an existing facility or service, including the planning, design, right–of–way, construction, or purchase of equipment essential to the facility or service, and generally not requiring the preparation of an environmental impact assessment.

(7) “Project development phase” means the phase of a capital project in which planning, engineering, and environmental studies and analyses are conducted with full participation by the public, prior to commitment to construction.

(8) (i) “Proposing entity” means a government agency or political subdivision that requests that a transportation project be included in the Consolidated Transportation Program.

(ii) “Proposing entity” includes a county, a municipality, a metropolitan planning organization, and a modal administration or any other agency of the Department.

(9) “Purpose and need summary statement” means a brief statement that specifies the underlying purpose and need for a project.

(10) “Significant change” means any change that affects the size or character of a project to the extent that the change:

(i) Substantially modifies the capacity, level of service, or cost of the project;

(ii) Alters the function or purpose of the project; or

(iii) Impacts the ability of a modal administration to accomplish the program priorities established by the Secretary in the State Report on Transportation.

(11) “State transportation goals” means the goals described in § 2–103.7 of this subtitle.

(12) “Transportation facilities project” has the meaning stated in § 4–101(i) of this article.

(13) “Transportation facility” has the meaning stated in § 3–101(l) of this article.

(b) The State Report on Transportation consists of the Consolidated Transportation Program and the Maryland Transportation Plan.

(c) (1) The Consolidated Transportation Program shall:

(i) Be revised annually; and

(ii) Include:

1. A list of:

A. The State transportation goals;

B. Program priorities;

C. For projects in the construction phase, the criteria used to select major capital projects for inclusion in the capital program; and

D. The manner in which each major transportation project was evaluated and ranked under § 2–103.7 of this subtitle;

2. A statement of the Department’s projected annual operating costs, set forth separately for the Office of the Secretary and for each modal administration;

3. Expanded descriptions of major capital projects;

4. A list of major capital projects for the current year, the budget request year, and the 4 successive planning years;

5. A list of anticipated minor capital projects, including a specific list of anticipated special projects for the current year and the budget request year and an estimate of the Program level for each of the 4 successive planning years;

6. A list of major bridge work projects;

7. A summary of the capital and operating programs, as defined by the Secretary, for the Maryland Transportation Authority;

8. For each listed major capital project, an indication whether the revenue source anticipated to support that project consists of federal, special, general, or other funds;

9. The Department’s estimates of the levels and sources of revenues to be used to fund the projects in the Program;

10. A glossary of terms; and

11. A cross–reference table for the information contained in the various parts of the State Report on Transportation.

(2) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:

(i) A summary of current efforts and future plans, prepared after consultation with the Director of Bicycle and Pedestrian Access and the Bicycle and Pedestrian Advisory Committee established under § 2–606 of this title:

1. To develop and promote bicycle and pedestrian transportation; and

2. Working together with local jurisdictions, to accommodate in a safe and effective manner pedestrians and bicycles within a reasonable distance for walking and bicycling to rail stops, light rail stops, and subway stations;

(ii) A listing of all bicycle and pedestrian transportation projects expected to use State or federal highway funds; and

(iii) Reflected under the Office of the Secretary, any technology–related project to be funded from the account established under § 2–111 of this subtitle, along with a description and projected cost of each.

(3) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include a summary of current efforts and future plans to increase commuter access between the campuses of the University of Maryland, including:

(i) Easing traffic congestion; and

(ii) Use of mass transit.

(4) Annually, the Consolidated Transportation Program shall include a report that:

(i) Identifies each major capital project for which the budget bill or a supplemental budget amendment first requests funds for the project development phase or for the construction phase;

(ii) With respect to each major capital project for which funds are requested in the budget request year, states:

1. The amount of the funds requested; and

2. The total estimated cost of the project;

(iii) Identifies significant changes in the cost, scope, design, or scheduling of major capital projects for each completed fiscal year;

(iv) When there is a significant change in cost, states the amount by which the expenditures that have been authorized exceed the original project estimate;

(v) When there is a significant change, states:

1. The amount by which costs exceed projected costs during each completed fiscal year; and

2. The total amount that has been expended for a major capital project;

(vi) Provides a purpose and need summary statement that includes:

1. A general description and summary that describes why the project is necessary and satisfies State transportation goals, including Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article;

2. The location of the project, including a map of the project limits, project area, or transportation corridor; and

3. A summary of how the project meets the selection criteria for inclusion in the capital program;

(vii) Provides the Maryland Transit Administration state of good repair budget for the current fiscal year and projections for the subsequent fiscal year; and

(viii) Includes any other information that the Secretary believes would be useful to the members of the General Assembly, the general public, or other recipients of the Consolidated Transportation Program.

(5) The total operating and capital expenditures for the Department or for the Office of the Secretary or any modal administration projected in the Consolidated Transportation Program for the budget request year may not exceed the budget request for the Department, Office, or modal administration for that year.

(6) For a major capital project to be considered for inclusion in the construction program of the Consolidated Transportation Program, a request must be submitted to the Secretary by the proposing entity along with a purpose and need summary statement justifying the project that includes:

(i) The location of the project, including a map of the project limits, project area, or transportation corridor;

(ii) The need for the project;

(iii) A discussion of how the project:

1. Addresses State transportation goals; and

2. Supports local government land use plans and goals; and

(iv) A certification that all members of the legislative delegation of the county in which the project is located have been notified.

(7) (i) The Department shall evaluate requests for major capital projects based on the State’s transportation goals and, if applicable, using the measures established under § 2–103.7 of this subtitle, and, as appropriate, criteria as determined by the information submitted by the proposing entity and the availability of funding.

(ii) As part of the evaluation under this paragraph, the Department shall acknowledge the difference between urban and rural transportation needs.

(8) (i) The Department, in developing a construction or improvement project involving a bridge or other transportation facility that is adjacent to or crosses a waterway for inclusion in the Consolidated Transportation Program, shall consider any reasonable and appropriate measures to provide or improve in the vicinity of the bridge or other transportation facility water access for fishing, canoeing, kayaking, or any other nonmotorized water dependent recreational activity.

(ii) The Department, in consultation with the Department of Natural Resources and interested stakeholders, shall establish:

1. Standards and guidelines for identifying appropriate bridges and other transportation facilities to be considered for the provision or improvement of water access under this paragraph; and

2. Best practices and cost effective strategies for accommodating water access under this paragraph.

(9) Except as authorized by law, the Consolidated Transportation Program may not include capital transportation grants for roads and highways to counties or municipal corporations for any period beyond the budget request year.

(10) (i) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:

1. A table that identifies each project receiving construction funds:

A. For the first time in the budget request year; and

B. For the first time in the current year if the construction funds were not identified in the budget year in the Consolidated Transportation Program released the previous January; and

2. A table that identifies each project receiving planning funds:

A. For the first time in the budget request year; and

B. For the first time in the current year if the planning funds were not shown in the budget request year in the Consolidated Transportation Program released the previous January.

(ii) For each project included in a table required under subparagraph (i) of this paragraph, the table shall identify:

1. Where the project is listed in the Consolidated Transportation Program; and

2. By fund, the amount included in the current year budget and the budget request year budget for the project.

(c–1) If a new approved pedestrian or bicycle safety construction or improvement project is projected to take more than 12 months to complete, the Department shall implement all possible incremental, near–term safety improvements as soon as practicable while maintaining each project’s priority ranking.

(d) (1) The Maryland Transportation Plan shall:

(i) Except as otherwise provided, be revised every 5 years through an inclusive public participation process;

(ii) Include a 20–year forecast of State transportation needs, based on the financial resources anticipated to be available to the Department during that 20–year period;

(iii) Be expressed in terms of the State transportation goals and measures; and

(iv) Include a summary of the types of projects and programs that are proposed to accomplish the State transportation goals and measures, using a multi–modal approach when feasible.

(2) Beginning with the 2045 Maryland Transportation Plan, the Department shall consider ways to achieve equity in the transportation sector when developing the State transportation goals.

(e) On or before November 15 of each year, the Department shall visit each county to give local governments and local legislative delegations information about and an opportunity to comment on the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan.

(f) At the earliest practical date but no later than November 1 of each year, the Department shall provide the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan to the Department of Planning for review and comment on planning issues including consistency between transportation investments and the State Economic Growth, Resource Protection, and Planning Policy and State priority funding areas established under Title 5, Subtitle 7B of the State Finance and Procurement Article.

(g) Beginning with the year 2002 State Report on Transportation and continuing thereafter, before the General Assembly considers the proposed Maryland Transportation Plan and the proposed Consolidated Transportation Program, the Department shall submit an annual report on the attainment of State transportation goals and benchmarks for the approved and proposed Maryland Transportation Plan and the approved and proposed Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(h) (1) The report required under subsection (g) of this section shall include:

(i) The establishment of certain measurable performance indicators or benchmarks, in priority funding areas at a minimum, designed to quantify the State transportation goals and measures specified in the Maryland Transportation Plan and § 2–103.7 of this subtitle; and

(ii) The degree to which the projects and programs contained in the approved Maryland Transportation Plan and Consolidated Transportation Program attain those goals and benchmarks as measured by the performance indicators or benchmarks.

(2) The Department shall include in its report measurable long–term goals, and intermediate benchmarks of progress toward the attainment of the long–term goals, for the following measurable transportation indicators:

(i) An increase in the share of total person trips for each of transit, high occupancy auto, pedestrian, and bicycle modes of travel;

(ii) A decrease in indicators of traffic congestion as determined by the Department; and

(iii) Any other performance goals established by the Department for reducing automobile traffic and increasing the use of nonautomobile traffic.

(3) (i) Beginning with the 2024 attainment report on transportation system performance, the advisory committee advising the Department on State transportation goals, benchmarks, and indicators shall recommend measurable transportation indicators that can be evaluated for racial, disability, ethnic, and low–income disparities based on available sources or information.

(ii) The Department shall evaluate the indicators recommended under subparagraph (i) of this paragraph to identify any racial, disability, ethnic, or low–income disparities.

(4) The performance indicators or benchmarks described in this subsection shall acknowledge the difference between urban and rural transportation needs.

(i) The Sustainable Growth Subcabinet, established under Title 9, Subtitle 14 of the State Government Article, shall conduct an annual review of the State transportation goals, benchmarks, and indicators.

(j) (1) An advisory committee shall be assembled to advise the Department on the State transportation goals, benchmarks, and indicators under subsection (h) of this section.

(2) Membership of the advisory committee shall include but is not limited to the following members appointed by the Governor:

(i) A representative of the Maryland business community;

(ii) A representative of the disabled citizens community;

(iii) A representative of rural interests;

(iv) A representative of an auto users group;

(v) A representative of a transit users group;

(vi) A representative of the goods movement industry;

(vii) A nationally recognized expert on transportation demand management;

(viii) A nationally recognized expert on pedestrian and bicycle transportation;

(ix) A nationally recognized expert on transportation performance measurement;

(x) A representative of an environmental advocacy organization;

(xi) A representative from the Maryland Department of Planning;

(xii) A representative of the Maryland Association of Counties;

(xiii) A representative of the Maryland Municipal League;

(xiv) A representative of the Maryland State Conference of the National Association for the Advancement of Colored People;

(xv) A representative of a transportation labor organization, designated by the Maryland State and District of Columbia AFL–CIO; and

(xvi) A representative of the transportation construction industry.

(3) The Governor shall appoint the chairman of the advisory committee.

(4) The advisory committee shall meet at least four times during the process of developing the Maryland Transportation Plan to provide advice to the Department on meeting the requirements of this subsection.

(5) The Department and the advisory committee shall consider the following:

(i) Transportation and population trends and their impact on the State’s transportation system and priority funding areas;

(ii) Past and present State funding devoted to the various transportation modes and demand management;

(iii) The full range of unmet transportation needs in priority funding areas;

(iv) The full range of transportation measures and facilities available, and their role, effectiveness, and cost effectiveness in providing travel choices and reducing congestion;

(v) A review of transportation performance indicators and their use in other states;

(vi) A review of the coordination of State transportation investments with local growth plans for priority funding areas;

(vii) The types of investments needed and their levels of funding for supporting the State transportation goals and measures established under § 2–103.7 of this subtitle;

(viii) The impact of transportation investment on:

1. The environment;

2. Environmental justice as defined in § 1–701 of the Environment Article;

3. Communities;

4. Economic development;

5. Racial equity; and

6. Persons with disabilities, including service accessibility; and

(ix) The Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article.

(k) The Department may:

(1) Conduct its analysis of planned transportation investments in priority funding areas on a statewide basis or in groupings of priority funding areas centered on regions, metropolitan areas, cities, or other groupings suitable for transportation modeling; and

(2) Choose to exclude from its analysis priority funding areas which have an insignificant role in transportation trends because of small size, population, or physical isolation.

(l) In the report required under subsection (g) of this section, the Department shall:

(1) Use narrative, graphs, charts, tables, and maps as appropriate to make the results easily understood by the public;

(2) Include projected long–term trends for each of the indicators and the effect of planned transportation investments on the trends;

(3) To the extent practicable, account for the effect of planned transportation investments on inducing automobile travel;

(4) To the extent practicable, account for automobile trips not taken due to demand management measures, including teleworking, teleshopping, and land use patterns supporting alternatives to driving; and

(5) Indicate the cost effectiveness of investments for achieving relevant performance goals and benchmarks, including a specific analysis of planned transportation investments detailing:

(i) Any projected decreases or increases in indicators of traffic congestion and accessibility as defined by the Department; and

(ii) The cost per passenger mile and other indicators of cost effectiveness as defined by the Department, including the estimated annual cost of maintenance and operations.

(m) (1) (i) Subject to § 2–1257 of the State Government Article:

1. On or before September 1 of each year, the Department shall submit copies of the proposed Consolidated Transportation Program and the supporting financial forecast to the General Assembly; and

2. On submission of the budget bill to the presiding officers of the General Assembly, the Department shall submit copies of the approved Consolidated Transportation Program, including the manner in which each major transportation project was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial forecast to the General Assembly.

(ii) Notwithstanding § 2–1257(b)(2) of the State Government Article, the Department shall provide to each member of the General Assembly a copy of the proposed Consolidated Transportation Program and the approved Consolidated Transportation Program.

(2) (i) The financial forecast supporting the Consolidated Transportation Program to be submitted to the General Assembly under paragraph (1) of this subsection shall include the following components:

1. A schedule of operating expenses for each specific modal administration;

2. A schedule of revenues, including tax and fee revenues, deductions from revenues for other agencies, Department program and fees, Motor Vehicle Administration cost recovery, deductions for highway user revenues, operating revenues by modal administration, and miscellaneous revenues; and

3. A summary schedule for the Transportation Trust Fund that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond premiums, any other revenues, expenditures for debt service, operating expenses, amounts available for capital expenses, bond interest rates, bond coverage ratios, total bonds outstanding, federal capital aid, and the total amount for the Transportation Capital Program.

(ii) The financial forecast shall include, for each of the components specified in subparagraph (i) of this paragraph:

1. Actual information for the last full fiscal year; and

2. Forecasts of the information for each of the six subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and the next four subsequent fiscal years.

(iii) For the period beyond the budget request year, the financial forecast:

1. Shall maximize the use of funds for the capital program; and

2. Except as authorized by law, may not withhold or reserve funds for capital transportation grants to counties or municipal corporations.

(iv) The Department shall incorporate in the financial forecast the most recent estimates by the Board of Revenue Estimates of the revenues from:

1. The corporate income tax and the sales and use tax for each of the six subsequent years, including the current fiscal year and the fiscal year for the proposed budget; and

2. Motor fuel taxes and motor vehicle titling taxes for the current fiscal year and the fiscal year for the proposed budget.
Md. Code, Agriculture § 2-301 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

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

(b) “Board” means the State Board of Veterinary Medical Examiners.

(b–1) “Compounded nonsterile preparations” has the meaning stated in § 12–101 of the Health Occupations Article.

(b–2) “Compounded sterile preparations” has the meaning stated in § 12–101 of the Health Occupations Article.

(b–3) “Convicted” includes:

(1) A finding of guilt by a court or a jury; and

(2) The acceptance by a court of a defendant’s plea of guilty, nolo contendere, or Alford plea.

(b–4) (1) “Declawing procedure” means:

(i) An onychectomy, a dactylectomy, a phalangectomy, or any other procedure that removes a portion of the paw or digit of an animal in order to remove a claw;

(ii) A tendonectomy or any other procedure that cuts or modifies the tendon of the limb, paw, or digit of an animal in order to prohibit the extension of a claw; or

(iii) Any procedure that prevents the normal functioning of one or more claws of an animal.

(2) “Declawing procedure” does not include nail filing, nail trimming, or the placement of temporary nail caps on one or more claws of an animal.

(c) “Direct supervision” means that the supervising veterinarian who is licensed and registered in the State:

(1) Is on the premises of the animal treatment facility;

(2) Is available on an immediate basis; and

(3) Has given written or oral instructions for treatment of the animal patients involved.

(c–1) “Immediate supervision” means the supervising veterinarian who is licensed and registered in the State is in the immediate area and within audible and visual range of the animal patient and the person treating the patient.

(c–2) “Indirect supervision” means the supervising veterinarian who is licensed and registered in the State:

(1) Is not required to be in the same facility or in close proximity to the individual being supervised; and

(2) (i) Has given written or oral instructions for treatment of the animal patient involved;

(ii) Is available to provide supervision by electronic or telephonic means; and

(iii) Has arranged for telephonic consultation with a licensed veterinarian, if necessary.

(d) “License” means a license to practice veterinary medicine in the State.

(e) “Member” means a member of the State Board of Veterinary Medical Examiners.

(f) “Practice of veterinary medicine” includes the practice by any person who:

(1) Diagnoses, advises, prescribes, or administers a drug, medicine, biological product, appliance, application, or treatment of any nature, for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of an animal;

(2) Performs a surgical operation, including cosmetic surgery, upon any animal;

(3) Performs dentistry on any animal;

(4) Performs any manual procedure upon an animal for the diagnosis or treatment of sterility or infertility of the animal;

(5) Represents himself as engaged in the practice of veterinary medicine;

(6) Offers, undertakes, or holds himself out as being able to diagnose, treat, operate, vaccinate, or prescribe for any animal disease, pain, injury, deformity, or physical condition; or

(7) Uses any words, letters, or titles in connection or under circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent himself as engaged in the practice of veterinary medicine.

(g) “Practice of veterinary medicine” does not include or apply to:

(1) Any person practicing veterinary medicine in the performance of civil or military official duties in the service of the United States or of the State;

(2) Experimentation and scientific research of biological chemists or technicians engaged in the study and development of methods and techniques, directly or indirectly related or applicable to the problems of the practice of veterinary medicine;

(3) A person who advises with respect to or performs acts which the Board, by rule or regulation, has prescribed as accepted management practices in connection with livestock production;

(4) A physician licensed to practice medicine in the State or to his assistant while engaged in educational research;

(5) A person administering to the ills and injuries of his own animals if they otherwise comply with all laws, rules and regulations relative to the use of medicines and biologics;

(6) A farrier or a person actively engaged in the art or profession of horseshoeing as long as his actions are limited to the art of horseshoeing or trimming and maintaining horse hooves;

(7) Any nurse, attendant, technician, intern, or other employee of a licensed and registered veterinarian when administering medication or rendering auxiliary or supporting assistance under the responsible direct supervision of a licensed and registered veterinarian;

(8) A person who floats (files) equine teeth or removes caps;

(9) A person who scales or cleans animal teeth;

(10) A registered veterinary technician when performing a procedure in accordance with § 2–309.1 of this subtitle;

(11) A person practicing acupuncture in accordance with the principles of oriental medical theories if the person:

(i) Is licensed under Title 1A of the Health Occupations Article;

(ii) Is certified as an animal acupuncturist by the Board of Acupuncture;

(iii) Practices only acupuncture, acupressure, and moxibustion;

(iv) Cooperates and consults with a veterinary practitioner by:

1. Beginning acupuncture treatment on an animal only if the animal has been seen by a veterinary practitioner within the previous 14 days;

2. Adhering to the terms and conditions of treatment decided by the veterinary practitioner, including the degree of communication and collaboration between the veterinary practitioner and the person practicing acupuncture;

3. Reporting to the veterinary practitioner at the end of treatment or at monthly intervals, at the discretion of the veterinary practitioner; and

4. Not working on an animal for which the person has not been appropriately trained, in accordance with regulations adopted by the Board of Acupuncture; and

(v) Has successfully completed a specialty training program in animal acupuncture that:

1. Is approved by the Board of Acupuncture;

2. Is offered by a school holding nationally recognized accreditation;

3. Consists of at least 135 hours; and

4. Enables the person to:

A. Design effective treatments of animals based on traditional acupuncture theories and principles, including appropriate knowledge of functional animal anatomy and physiology;

B. Handle and restrain animals to the extent appropriate in the practice of acupuncture;

C. Demonstrate sufficient knowledge of animal diseases and zoonoses that would require the immediate attention of a veterinary practitioner; and

D. Communicate effectively with a veterinary practitioner;

(12) A veterinarian licensed in another jurisdiction while consulting with a veterinary practitioner in this State; or

(13) A student of veterinary medicine practicing veterinary medicine who has successfully completed 3 years of veterinary education at an institution approved by the Board and who works under the responsible direct supervision, as defined by the Board, of a veterinary practitioner.

(g–1) (1) “Therapeutic purpose” means to address a physical or medical condition that compromises the health or well–being of an animal.

(2) “Therapeutic purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in the keeping or handling of the animal.

(h) “Veterinarian” means any person who is a graduate of a college of veterinary medicine.

(h–1) “Veterinary assistant” means a person who:

(1) Aids a veterinarian or veterinary technician in patient care; and

(2) Is not registered with the Board as a veterinary technician.

(i) “Veterinary practitioner” means a licensed and registered veterinarian engaged in the practice of veterinary medicine.

(j) (1) “Veterinary technician” means a person who is registered with the Board as a veterinary technician.

(2) “Veterinary technician” includes a veterinary nurse.
Md. Code, Tax - Property § 2-218 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-218
§2–218.
Status: in_force

(a) The Department may request documentation to verify that a dwelling is the principal residence of a homeowner.

(b) The documentation requested under subsection (a) of this section may include, but is not limited to, requiring an individual to execute a sworn affidavit regarding residency for the purposes of:

(1) voting;

(2) driver’s license address; and

(3) income tax filing.

(c) Failure to provide the requested information under this section within 30 days from the date of a request shall result in a dwelling being designated as not a principal residence for purposes of this article.
Md. Code, Business Regulation § 2-106.10 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.10
§2–106.
Status: in_force

§2–106.10.

(a) (1) In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.

(2) Each board shall establish fees based on the calculations provided by the Secretary under this section.

(3) Except for the examination fees under § 12–303(2)(i) of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.

(b) In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of one or more boards provided that the boards consent to having their direct and indirect costs averaged together.
Md. Code, State Government § 2-1219.1 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1219.1
§2–1219.
Status: in_force

§2–1219.1.

In this subtitle, “examination” includes all authorized work and required audits under § 2-1220 of this subtitle.
Md. Code, Criminal Law § 2-206 — MD Code / Article gcr / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Md. Code, Commercial Law § 2-607 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-607
§2–607.
Status: in_force

(1) The buyer must pay at the contract rate for any goods accepted.

(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this title for nonconformity.

(3) Where a tender has been accepted

(a) The buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and

(b) If the claim is one for infringement or the like (subsection (3) of § 2-312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.

(4) The burden is on the buyer to establish any breach with respect to the goods accepted.

(5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over

(a) He may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.

(b) If the claim is one for infringement or the like (subsection (3) of § 2-312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.

(6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of § 2-312.)
Md. Code, Alcoholic Beverages and Cannabis § 2-132.1 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-132.1
§2–132.
Status: in_force

§2–132.1.

(a) There is a nonresident distillery permit.

(b) The Executive Director may issue the permit to a person that:

(1) is licensed outside the State to engage in the manufacture of liquor;

(2) produces in the aggregate from all of its locations not more than 100,000 gallons of liquor annually; and

(3) does not hold a nonresident dealer’s permit.

(c) (1) The permit authorizes the permit holder to sell and deliver the permit holder’s own liquor from a location outside the State to a retail license holder or permit holder in the State authorized to acquire the liquor.

(2) The permit holder shall comply with all the requirements of this article, the Tax – General Article, and the regulations of the Comptroller or Executive Director that apply to a holder of a Class 8 limited liquor wholesaler’s license.

(d) The annual permit fee is $100.
Md. Code, Transportation § 2-112 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

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

(2) (i) “Complete streets design features” means design features that accommodate and facilitate safe and convenient access and mobility to facilities by all users, including bicyclists, motorists, pedestrians, and public transportation users.

(ii) “Complete streets design features” includes:

1. Paved shoulders suitable for use by bicyclists;

2. Protected bicycle lanes;

3. Share the road signage;

4. Crosswalks;

5. Pedestrian control signals;

6. Bus access and safety measures;

7. Sidewalks;

8. Shared use pathways;

9. Green stormwater infrastructure; and

10. Access to retail stores that provide healthy food and other necessities, especially in food deserts designated under § 6–308(c) of the Housing and Community Development Article.

(3) “Complete streets policy” means a policy that provides information for the implementation of complete streets design features during the planning, design, construction, and reconstruction of a facility.

(4) “Facility” means:

(i) An airport facility, as defined in § 5–101 of this article, that is owned or operated by the State;

(ii) A State highway, as defined in § 8–101 of this article; and

(iii) A transit facility, as defined in § 7–101 of this article.

(5) “Green stormwater infrastructure” means infrastructure implemented using best management practices that reduce the volume of stormwater runoff through infiltration, evapotranspiration, the beneficial reuse of water, or any other effective method.

(b) This section applies to a facility in:

(1) The Maryland Aviation Administration, as required under § 5–408.1 of this article;

(2) The Maryland Transit Administration, as required under § 7–310 of this article; and

(3) The State Highway Administration, as required under § 8–204.1 of this article.

(c) Except as provided in subsection (d) of this section, a complete streets policy adopted in accordance with this section shall:

(1) Be implemented with the objective of creating a comprehensive, integrated, and connected transportation network that allows users to choose among different modes of transportation;

(2) Ensure that all users are considered during the planning, design, construction, and reconstruction phases of a facility;

(3) Benefit all users equitably to the extent feasible while taking into consideration the needs of the most underinvested and underserved communities;

(4) When practicable, require the accommodation of other modes of transportation;

(5) Recognize that all facilities are different and user needs should be balanced to ensure community enhancement; and

(6) Incorporate best practices related to complete streets design features.

(d) Exceptions to the requirements of this section may be adopted when circumstances or laws exist that prohibit or limit the ability to provide favorable conditions for all modes of transportation.
Md. Code, Alcoholic Beverages and Cannabis § 2-132 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-132
§2–132.
Status: in_force

(a) There is a nonresident brewery permit.

(b) The Executive Director may issue the permit to a person that:

(1) is licensed outside the State to engage in the manufacture of beer;

(2) produces in the aggregate from all of its locations not more than 22,500 barrels of beer annually; and

(3) does not hold a nonresident dealer’s permit.

(c) (1) The permit authorizes the permit holder to sell and deliver not more than 3,000 barrels of the permit holder’s own beer annually from a location outside the State to a retail license holder or permit holder in the State authorized to acquire the beer.

(2) The permit holder shall comply with all the requirements of this article, the Tax – General Article, and the regulations of the Comptroller or Executive Director that apply to a holder of a Class 7 limited beer wholesaler’s license.

(d) The annual permit fee is $50.
Md. Code, Estates and Trusts § 2-107 — MD Code / Article get / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) (1) Except in Harford County and Montgomery County, the Governor shall designate and commission one of the three judges of the Court in each county as Chief Judge of the Court.

(2) Full power and authority are vested in each judge designated and commissioned as chief judge to act as chief judge.

(3) Any writ and other process tested in the name of the chief judge is valid for any purpose.

(b) (1) A reference in the estates of decedents law to the chief judge of the court of a county means, with regard to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court.

(2) A reference to the judges of the court in plural number means, with respect to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court, unless the section otherwise specifically provides.
Md. Code, Health Occupations § 2-303 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires;

(2) Pay to the Board the application fee set by the Board; and

(3) Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 2–303.1 of this subtitle.
Md. Code, Corporations and Associations § 2-112 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

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

(2) “Closed-end investment company” means a corporation registered as a closed-end investment company under the Investment Company Act of 1940.

(3) “Open-end investment company” means a corporation registered as an open-end investment company under the Investment Company Act of 1940.

(b) Notwithstanding any requirement of § 2-604(b) or § 2-607(a)(1) of this title or § 3-403(b) of this article, the charter of a closed-end investment company or any prospectus filed by the closed-end investment company pursuant to the federal Investment Company Act of 1940 may require the company to submit to its stockholders, at an annual or special meeting of the stockholders, a proposal to amend its charter to convert to an open-end investment company, to dissolve, to require the closed-end investment company to make one or more tender offers for its shares, or to take other action intended to eliminate any trading discount to net asset value of the closed-end investment company’s shares, even if the board of directors fails to recommend the proposal or declare the proposal advisable or recommends that the stockholders reject it.
Md. Code, Health Occupations § 2-408 — MD Code / Article gho / Title 2 / Subtitle 4 / Section 2-408
§2–408.
Status: in_force

A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.
Md. Code, State Personnel and Pensions § 2-513 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-513
§2–513.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, an employee of a county, municipal corporation, or county board may enroll and participate in the health insurance benefit options established under the Program with the approval of the governing body of the county, municipal corporation, or county board.

(2) An employee of a county board may enroll and participate in the health insurance benefit options under paragraph (1) of this subsection subject to any additional authorization required under the terms and conditions of the employee’s employment.

(b) The governing body of the county, municipal corporation, or county board shall:

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

(2) determine the extent to which the county or municipal corporation will subsidize participation by its employees in the Program.
Md. Code, Financial Institutions § 2-401 — MD Code / Article gfi / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, the provisions of this article that create the office of the Commissioner of Financial Regulation or relate to the powers and duties of the Commissioner and any regulations adopted under these provisions shall terminate and be of no effect after July 1, 2032.
Md. Code, Alcoholic Beverages and Cannabis § 2-210 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

(a) There is a Class 8 farm brewery license.

(b) (1) Subject to paragraph (2) of this subsection, a license holder may sell and deliver beer manufactured in a facility on the licensed farm or in a facility other than one on the licensed farm to:

(i) a wholesaler licensed to sell and deliver beer in the State; or

(ii) a person in another state authorized to acquire beer.

(2) The beer to be sold and delivered under paragraph (1) of this subsection shall be manufactured with an ingredient from a Maryland agricultural product, including hops, grain, and fruit, produced on the licensed farm.

(c) A license holder may:

(1) (i) sell beer produced by the license holder for on–premises and off–premises consumption;

(ii) in an amount not exceeding 6 fluid ounces per brand, provide samples of beer that the license holder produces to a consumer:

1. at no charge; or

2. for a fee;

(iii) sell or serve:

1. bread and other baked goods;

2. chili;

3. chocolate;

4. crackers;

5. cured meat;

6. fruits (whole and cut);

7. hard and soft cheese (whole and cut);

8. salads and vegetables (whole and cut);

9. ice cream;

10. jam;

11. jelly;

12. vinegar;

13. pizza;

14. prepackaged sandwiches and other prepackaged foods ready to be eaten;

15. soup; and

16. condiments; and

(iv) subject to subsection (e)(2) of this section, sell or serve any food if the license holder is licensed to operate a food establishment under Title 21, Subtitle 3 of the Health – General Article;

(2) store, in a segregated area approved by the Executive Director, beer produced by the license holder for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer;

(3) brew, bottle, or contract for not more than 15,000 barrels of beer each calendar year;

(4) contract with the holder of a Class 2 rectifying license, a Class 5 brewery license, or a Class 7 micro–brewery license to brew and bottle beer from ingredients produced on the licensed farm;

(5) import, export, and transport its beer in accordance with this section;

(6) store, brew, and bottle beer in a facility listed on a permit issued to the license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer, or shipment back to the licensed farm, if:

(i) the license holder does not serve or sell beer at the warehouse; and

(ii) the Executive Director has full access at all times to the warehouse to enforce this article; and

(7) enter into a temporary delivery agreement with a distributor only for delivery of beer to a beer festival or a wine and beer festival, and the return of any unused beer, if:

(i) the festival is in a sales territory for which the license holder does not have a franchise with a distributor under the Beer Franchise Fair Dealing Act in Title 5, Subtitle 1 of this article; and

(ii) the temporary delivery agreement is in writing.

(d) (1) A Class 8 farm brewery may be located only at the place stated on the license.

(2) The place listed on the license shall be in compliance with § 1–405(b) of this article.

(e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding any local law, a license holder may exercise the privileges of a Class 8 farm brewery license.

(2) A license holder who sells foods under subsection (c)(1)(iv) of this section shall meet the same ratio of gross receipts between food and alcoholic beverages sales as a holder of a Class D beer and wine license or an equivalent license in the jurisdiction, as the local licensing board determines.

(f) (1) This subsection does not apply to a permit issued under § 2–140 of this title.

(2) A license holder at the location listed on the license may exercise the privileges of the license each day from 10 a.m. to 10 p.m.

(g) Except as provided in Division II of this article, a Class 8 farm brewery license allows the license holder to operate 7 days a week.

(h) Nothing in this section limits the application of relevant provisions of Title 21 of the Health – General Article, and regulations adopted under that title, to a license holder.

(i) (1) A license holder may sponsor a multibrewery activity at the location issued on the license that:

(i) includes the products of other Maryland breweries; and

(ii) provides for the sale of products in the manner authorized under the license.

(2) In a segregated area approved by the Executive Director at the location listed on the license, a license holder may store the products of other Maryland breweries for the multibrewery activity.

(3) The multibrewery activity:

(i) may be held from 10 a.m. to 10 p.m. each day; and

(ii) may not exceed 3 consecutive days.

(j) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $200.

(k) (1) On or before December 1 each year, the Executive Director shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, the total beer production of each Class 8 license holder in the preceding fiscal year, identified by jurisdiction and license holder.

(2) Each holder of a Class 8 license shall report to the Executive Director the information needed to prepare the annual report required under this subsection.

(3) The Executive Director shall include the information reported under this subsection in the annual report submitted under § 1–316 of this article.
Md. Code, Estates and Trusts § 2-211 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

(a) The register shall maintain in the register’s office, for the purpose of recording the proceedings in connection with the administration of estates, a wills record book, an administration proceedings record book, a release record book, and a claims docket in addition to the claims against the nonresident decedents book described in § 5-503 of this article.

(b) Immediately upon the administrative or judicial probate of a will the register shall record it, with every paper incidental to probate, in the wills record book, and the register shall index it under the name of the decedent.

(c) Upon the final approval of the final administration account, all inventories, accounts, petitions, notices to creditors, and orders of court shall be recorded by the register in the administration proceedings record book, and indexed under the name of the decedent.

(d) Every release shall be promptly recorded by the register in the release record book, in the order of their filing, and shall be indexed under the name of the releasor.

(e) (1) Every claim filed with the register under the provisions of § 8-104(c) of this article shall be entered by the register in the claims docket promptly upon receipt so that the record shall show the name of the claimant, the nature of the claim, and the amount of the claim.

(2) Every entry relating to an estate or a decedent shall be indexed under the name of the decedent.
Md. Code, Insurance § 2-116 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

(a) The Commissioner may send a notice or other communication by electronic means if:

(1) the Commissioner is required to deliver, give, mail, serve, or otherwise provide the notice or other communication in writing;

(2) the recipient has provided an e–mail address to the Commissioner to receive notices or other communications;

(3) the notice or other communication is sent to the e–mail address provided by the recipient; and

(4) the Commissioner maintains proof that the notice was sent to the recipient at the recipient’s e–mail address.

(b) If a person is required to send the Commissioner a notice or other communication and the person is not licensed, certified, or otherwise regulated by the Commissioner:

(1) the person may send the notice or other communication by electronic means approved by the Commissioner; and

(2) the Commissioner may not require the person to send the notice or other communication by electronic means.

(c) The Commissioner may require a person who is licensed, certified, or otherwise regulated by the Commissioner to send a notice or other communication by electronic means.

(d) Subject to the provisions of the Maryland Uniform Electronic Transactions Act, a notice or other communication sent in accordance with this section shall be presumed to have been received in the ordinary course.
Md. Code, Real Property § 2-102 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

Any person seized of an estate tail, in possession, reversion, or remainder, in any land, tenement, or hereditament may grant and sell it in the form of a grant as if he were seized of an estate in fee simple and the grant is good and available, to all intents and purposes, against every person whom the grantor might debar by any mode of common recovery, or by any other means.
Md. Code, Agriculture § 2-1701 — MD Code / Article gag / Title 2 / Subtitle 17 / Section 2-1701
§2–1701.
Status: in_force

In this subtitle, “animal shelter” means:

(1) A county or municipal animal control facility;

(2) An organization that contracts with a county or municipality for animal control; or

(3) An organization that shelters animals and has received a grant from the Spay/Neuter Fund under Subtitle 16 of this title during the previous year.
Md. Code, Corporations and Associations § 2-419 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-419
§2–419.
Status: in_force

(a) If subsection (b) of this section is complied with, a contract or other transaction between a corporation and any of its directors or between a corporation and any other corporation, firm, or other entity in which any of its directors is a director or has a material financial interest is not void or voidable solely because of any one or more of the following:

(1) The common directorship or interest;

(2) The presence of the director at the meeting of the board or a committee of the board which authorizes, approves, or ratifies the contract or transaction; or

(3) The counting of the vote of the director for the authorization, approval, or ratification of the contract or transaction.

(b) Subsection (a) of this section applies if:

(1) The fact of the common directorship or interest is disclosed or known to:

(i) The board of directors or the committee, and the board or committee authorizes, approves, or ratifies the contract or transaction by the affirmative vote of a majority of disinterested directors, even if the disinterested directors constitute less than a quorum; or

(ii) The stockholders entitled to vote, and the contract or transaction is authorized, approved, or ratified by a majority of the votes cast by the stockholders entitled to vote other than the votes of shares owned of record or beneficially by the interested director or corporation, firm, or other entity; or

(2) The contract or transaction is fair and reasonable to the corporation.

(c) Common or interested directors or the stock owned by them or by an interested corporation, firm, or other entity may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee of the board or at a meeting of the stockholders, as the case may be, at which the contract or transaction is authorized, approved, or ratified.

(d) (1) If a contract or transaction is not authorized, approved, or ratified in one of the ways provided for in subsection (b)(1) of this section, the person asserting the validity of the contract or transaction bears the burden of proving that the contract or transaction was fair and reasonable to the corporation at the time it was authorized, approved, or ratified.

(2) This subsection does not apply to the fixing by the board of directors of reasonable compensation for a director, whether as a director or in any other capacity.

(e) Any procedures authorized by § 2–418 of this subtitle shall be deemed to satisfy subsection (b)(1) of this section. Any charter, bylaw, contract, or transaction requiring or permitting indemnification, including advances of expenses, in accordance with § 2–418 of this subtitle is fair and reasonable to the corporation.
Md. Code, Financial Institutions § 2-115 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-115
§2–115.
Status: in_force

(a) When the Commissioner determines that a person has engaged in an act or practice constituting a violation of a law, regulation, rule or order over which the Commissioner has jurisdiction, and that immediate action against the person is in the public interest, the Commissioner may in the Commissioner’s discretion issue, without a prior hearing, a summary order directing the person to cease and desist from engaging in the activity, provided that the summary cease and desist order gives the person:

(1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and

(2) Notice that the summary cease and desist order will be entered as final if the person does not request a hearing within 15 days of receipt of the summary cease and desist order.

(b) When the Commissioner determines after notice and a hearing, unless the right to notice and a hearing is waived, that a person has engaged in an act or practice constituting a violation of a law, regulation, rule, or order over which the Commissioner has jurisdiction, the Commissioner may in the Commissioner’s discretion and in addition to taking any other action authorized by law:

(1) Issue a final cease and desist order against the person;

(2) Suspend or revoke the license of the person;

(3) Issue a penalty order against the person imposing a civil penalty not exceeding:

(i) $10,000 for a first violation; and

(ii) $25,000 for each subsequent violation;

(4) Issue an order against the person requiring the person to take affirmative action to correct the violation, including making restitution to any person aggrieved by the violation; or

(5) Take any combination of the actions specified in this subsection.

(c) In determining the amount of financial penalty to be imposed under subsection (b) of this section, the Commissioner shall consider the following factors:

(1) The seriousness of the violation;

(2) The good faith of the violator;

(3) The violator’s history of previous violations;

(4) The deleterious effect of the violation on the public and the industry involved;

(5) The assets of the violator; and

(6) Any other factors relevant to the determination of the financial penalty.

(d) Notice of any hearing under this section shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.
Md. Code, Commercial Law § 2-303 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

Where this title allocates a risk or a burden as between the parties “unless otherwise agreed,” the agreement may not only shift the allocation but may also divide the risk or burden.
Md. Code, Insurance § 2-211 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

(a) (1) At least 10 days before a hearing, the Commissioner shall give notice of the hearing:

(i) to each person specified in the provision of this article under which the hearing is held; or

(ii) if the provision under which the hearing is held does not specify the persons to be notified, to each person directly affected by the hearing.

(2) If not all persons entitled to notice of the hearing are known, the Commissioner may perfect notice by publication in a newspaper of general circulation in the State at least 10 days before the hearing.

(b) The notice of the hearing shall state:

(1) the time and place of the hearing; and

(2) the matters to be considered at the hearing.
Md. Code, Courts and Judicial Proceedings § 2-204 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

The office of every clerk of court shall be open to the public for the transaction of business of the court from at least Monday through Friday of each week. Each clerk’s office shall be open during the hours and on the additional days prescribed by the judge exercising the functions of administrative judge.

The office shall not be open on legal holidays unless otherwise prescribed by the judge.
Md. Code, Agriculture § 2-312 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-312
§2–312.
Status: in_force

At any time within two years from the date of revocation of any license, the Board, by the affirmative vote of four members, may issue without examination a new license to any person whose license was revoked. After the expiration of two years, the person may obtain a license only by compliance with the same requirements which are imposed by this subtitle on other license applicants.
Md. Code, Public Utilities § 2-205 — MD Code / Article gpu / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) In appearances before the Commission and courts on behalf of residential and noncommercial users, the Office of People’s Counsel has the rights of counsel for a party to the proceeding, including those rights specified in § 3-107 of this article.

(b) The Office of People’s Counsel may appear before any federal or State unit to protect the interests of residential and noncommercial users.

(c) (1) Except as otherwise provided in this article and consistent with any applicable Freedom of Information Act, the Office of People’s Counsel shall have full access to the Commission’s records and shall have the benefit of all other facilities or information of the Commission.

(2) The Office of People’s Counsel is entitled to the assistance of the Commission’s staff, if the staff determines that the assistance is consistent with the staff’s responsibilities and if the staff and the Office of People’s Counsel agree that the assistance, in a particular matter, is consistent with their respective interests.

(d) If the Office of People’s Counsel considers that the legislation would affect the interests of residential and noncommercial users, the Office of People’s Counsel may recommend to the General Assembly legislation on any matter related to the Commission’s jurisdiction.
Md. Code, Agriculture § 2-507 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

The Maryland Agricultural Land Preservation Foundation shall employ an executive director and staff sufficient to carry out the purposes of this subtitle. The executive director shall be appointed by the Secretary upon recommendation of the board of trustees at-large. The salaries of the executive director and staff shall be as provided in the State budget.
Md. Code, Transportation § 2-605 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-605
§2–605.
Status: in_force

Subject to the limitations imposed by this subtitle, the Department, in consultation with the Director, may exercise all powers reasonably necessary to achieve the purposes of this subtitle, including the authority to:

(1) Adopt regulations to implement the provisions of this subtitle;

(2) Apply for and receive grants, gifts, payments, loans, advances, appropriations, property, and services from the federal government, the State, any of their agencies or political subdivisions, or any other public or private person; and

(3) Enter into agreements and contract for:

(i) Any studies, plans, demonstrations, or projects;

(ii) Planning, engineering, and technical services; and

(iii) Any purpose necessary for or incidental to the performance of its duties and the exercise of its powers under this subtitle.
Md. Code, Financial Institutions § 2-112 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Commissioner, employees of the Commissioner’s office, and other State employees acting under the supervision of the Commissioner’s office may not:

(1) Become indebted to any institution that is subject to the jurisdiction of the Commissioner; or

(2) Engage or be interested in the sale of securities of or in the negotiation of loans for others to or with any banking institution or credit union.

(b) This section does not apply to a loan that is:

(1) Made to a member of a credit union that has a membership of over 60,000 State employees; and

(2) Approved by:

(i) A credit committee approval under § 6-603(a)(1) of this article; and

(ii) The Board of Directors.

(c) The Commissioner, employees of the Commissioner’s office, and other State employees acting under the supervision of the Commissioner’s office may not:

(1) Serve as an officer, director, or committee member of a credit union; or

(2) Exercise any voting rights in a credit union.

(d) Any person who violates any provision of this section is subject to forfeiture of that person’s office or employment.
Md. Code, Labor and Employment § 2-108 — MD Code / Article gle / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) As soon after January 1 of each year as reasonably possible, the Commissioner shall submit an annual report to the Governor, to the Secretary, and, subject to § 2-1257 of the State Government Article, to the General Assembly.

(b) (1) The report shall describe the activities of the Division during the preceding year.

(2) The report shall include a description of its investigations under § 5-205(i) of this article.
Md. Code, Education § 2-304 — MD Code / Article ged / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

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

(b) (1) Before a private noncollegiate educational institution that operates in this State ends operations, including those operated by bona fide church organizations, the chief administrative officer of the institution shall file with the State Superintendent the original or a legible copy of all essential records of the academic achievements of each former student of the institution who received instruction in any combination of grades 9 through 12 or their equivalents.

(2) These records shall be prepared to present as a separate document the academic record of each former student and the academic information that customarily is required by postsecondary educational institutions when considering a student for admission.

(c) The State Superintendent shall keep a permanent file of these records.

(d) Any person who willfully fails or refuses to comply with the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation.
Md. Code, Tax - Property § 2-112 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

§2–112. IN EFFECT

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

(2) “Homeowner” has the meaning stated in § 9–105 of this article.

(3) “Tax” has the meaning stated in § 14–801 of this article.

(b) There is a State Tax Sale Ombudsman in the Department.

(c) The Ombudsman:

(1) shall be appointed by the Director;

(2) shall be in the management service of the State Personnel Management System; and

(3) may be removed from office only after a hearing before the Department and a finding of incompetency or other good cause.

(d) The Ombudsman shall:

(1) assist homeowners to understand the process for collection of delinquent taxes;

(2) actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation;

(3) refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation;

(4) maintain a website that functions as a clearinghouse for information concerning:

(i) the process for collection of delinquent taxes; and

(ii) services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation; and

(5) maintain a toll–free telephone number that a homeowner may call to obtain individualized personal assistance with delinquent taxes.

(e) A county may, by law, establish a County Tax Sale Ombudsman to fulfill all the responsibilities of the State Tax Sale Ombudsman under subsection (d) of this section with respect to homeowners within the county.

(f) (1) The Ombudsman shall contract with a vendor to operate an installment payment program for the payment of taxes in which any homeowner may enroll.

(2) The installment payment program shall allow a homeowner to:

(i) make advance payments of taxes;

(ii) make payments of taxes currently due; or

(iii) make payments of taxes in arrears.

(3) (i) A homeowner whose dwelling is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of tax payments may not enroll in the installment payment program for the advance payment of taxes.

(ii) An advance payment of taxes is calculated by applying the current property tax rate to the assessment of the homeowner’s property for the prior year.

(iii) If the advance payment is different than the taxes due as finally determined, the vendor shall:

1. bill the homeowner for the unpaid balance; or

2. refund any excess tax paid.

(iv) The failure by a homeowner to make an advance payment under the installment payment program may not be considered to be a failure to pay the property tax when due except as provided under Title 10, Subtitle 1 of this article.

(4) The Ombudsman shall notify the collector to whom the taxes are owed when a homeowner enters into an installment payment plan under this subsection.

(5) If a homeowner is in compliance with the terms of an installment payment plan, the collector may not take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that are included in the installment payment plan.

(6) A homeowner is not in compliance with the terms of an installment payment plan if the homeowner fails to make a payment for a period of 90 days after the date the payment is due, or a longer period determined by the Ombudsman.

(7) If a homeowner is not in compliance with the terms of an installment payment plan:

(i) the Ombudsman:

1. may terminate the installment payment plan; and

2. shall notify the collector to whom the taxes are owed; and

(ii) the collector may take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that were included in the installment payment plan.

(8) The cost of the contract with the vendor to operate the installment payment program shall be paid entirely by reasonable fees imposed on homeowners enrolled in the program.

§2–112. ** TAKES EFFECT MAY 1, 2027 PER CHAPTER 108 OF 2025 **

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

(2) “Homeowner” has the meaning stated in § 9–105 of this article.

(3) “Tax” has the meaning stated in § 14–801 of this article.

(b) There is a State Tax Sale Ombudsman in the Department.

(c) The Ombudsman:

(1) shall be appointed by the Director;

(2) shall be in the management service of the State Personnel Management System; and

(3) may be removed from office only after a hearing before the Department and a finding of incompetency or other good cause.

(d) The Ombudsman shall:

(1) assist homeowners to understand the process for collection of delinquent taxes;

(2) actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation;

(3) refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation;

(4) maintain a website that:

(i) functions as a clearinghouse for information concerning:

1. the process for collection of delinquent taxes; and

2. services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation; and

(ii) includes:

1. the statement “If you would like to pay your property taxes in monthly installments, you may be eligible to enroll in an installment payment plan.”;

2. a complete description of the installment payment program under subsection (f) of this section; and

3. detailed instructions on how to enroll in the installment payment program under subsection (f) of this section; and

(5) maintain a toll–free telephone number that a homeowner may call to obtain individualized personal assistance with delinquent taxes.

(e) A county may, by law, establish a County Tax Sale Ombudsman to fulfill all the responsibilities of the State Tax Sale Ombudsman under subsection (d) of this section with respect to homeowners within the county.

(f) (1) The Ombudsman shall contract with a vendor to operate an installment payment program for the payment of taxes in which any homeowner may enroll.

(2) The installment payment program shall allow a homeowner to:

(i) make advance payments of taxes;

(ii) make payments of taxes currently due; or

(iii) make payments of taxes in arrears.

(3) (i) A homeowner whose dwelling is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of tax payments may not enroll in the installment payment program for the advance payment of taxes.

(ii) An advance payment of taxes is calculated by applying the current property tax rate to the assessment of the homeowner’s property for the prior year.

(iii) If the advance payment is different than the taxes due as finally determined, the vendor shall:

1. bill the homeowner for the unpaid balance; or

2. refund any excess tax paid.

(iv) The failure by a homeowner to make an advance payment under the installment payment program may not be considered to be a failure to pay the property tax when due except as provided under Title 10, Subtitle 1 of this article.

(4) The Ombudsman shall notify the collector to whom the taxes are owed when a homeowner enters into an installment payment plan under this subsection.

(5) If a homeowner is in compliance with the terms of an installment payment plan, the collector may not take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that are included in the installment payment plan.

(6) A homeowner is not in compliance with the terms of an installment payment plan if the homeowner fails to make a payment for a period of 90 days after the date the payment is due, or a longer period determined by the Ombudsman.

(7) If a homeowner is not in compliance with the terms of an installment payment plan:

(i) the Ombudsman:

1. may terminate the installment payment plan; and

2. shall notify the collector to whom the taxes are owed; and

(ii) the collector may take action under Title 14, Subtitle 8 of this article to collect any property taxes in arrears that were included in the installment payment plan.

(8) The cost of the contract with the vendor to operate the installment payment program shall be paid entirely by reasonable fees imposed on homeowners enrolled in the program.
Md. Code, Criminal Procedure § 2-401 — MD Code / Article gcp / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

In this subtitle, “custodial interrogation” retains its judicially determined meaning.
Md. Code, Public Safety § 2-510 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-510
§2–510.
Status: in_force

A match obtained between an evidence sample and a database entry may be used only as probable cause and is not admissible at trial unless confirmed by additional testing.
Md. Code, Alcoholic Beverages and Cannabis § 2-211 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

To be issued a manufacturer’s license, the following individuals shall reside in the State at the time of filing an application for the license:

(1) for a sole proprietorship, the individual applicant;

(2) for a corporation or limited liability company, the individual who qualifies as a resident applicant; or

(3) for a partnership, each partner of the applicant.
Md. Code, State Government § 2-1238 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1238
§2–1238.
Status: in_force

(a) This section does not apply to a performance evaluation conducted in accordance with the Maryland Program Evaluation Act.

(b) On the completion of each performance evaluation, the Director shall submit a full and detailed report to the Joint Audit and Evaluation Committee.

(c) A full and detailed report prepared by the Office shall include:

(1) a summary of significant legislative and regulatory changes;

(2) the findings of the performance evaluation;

(3) specific recommendations for making the program or activity more efficient or effective, including recommendations for consolidation or elimination of any duplicative programs or activities;

(4) an estimate of the costs or savings, if any, expected from implementing the findings and recommendations;

(5) recommended legislation needed to implement the findings and recommendations; and

(6) any response of the unit or body that is the subject of the report, subject to procedures approved by the Joint Audit and Evaluation Committee.

(d) (1) Subject to paragraph (2) of this subsection, an employee or authorized representative of the Office may submit a draft report of findings only to the Director or the Executive Director.

(2) A draft report shall be provided to the unit or body that is the subject of the report for the purpose of soliciting the response of the unit or body that is required to be included in the full and detailed report under subsection (c)(6) of this section.

(e) The Director shall send a copy of the full and detailed report to:

(1) the President of the Senate and the Speaker of the House of Delegates;

(2) the committees of jurisdiction;

(3) members of the General Assembly, in accordance with § 2–1257 of this subtitle;

(4) the Governor;

(5) the unit or body that is the subject of the report;

(6) the Secretary of Budget and Management;

(7) the Executive Director; and

(8) any other person whom the Joint Audit and Evaluation Committee specifies.

(f) After the expiration of any period that the Joint Audit and Evaluation Committee specifies, the Director shall make a report available to the public online and under the Public Information Act.

(g) (1) The Director shall review each unit’s response and advise the unit of the results of the review.

(2) The Director shall advise the Joint Audit and Evaluation Committee when:

(i) a unit does not submit a response to a recommendation;

(ii) a unit does not indicate action, as relevant, to be taken in response to a recommendation;

(iii) a unit requests a modification of or a waiver from a recommendation; or

(iv) the response by the unit is not considered appropriate to carry out the recommendation.

(3) The Executive Director or the Joint Audit and Evaluation Committee may direct the Director to undertake a review to determine the extent to which action has been taken by a unit to implement a report recommendation.

(4) With respect to performance–related findings and recommendations, the Joint Audit and Evaluation Committee may make recommendations to the Governor or propose legislation after reviewing a unit’s response to a recommended action.

(h) (1) The Governor shall implement systems and processes to monitor the efforts of the Executive Departmental Units to address performance evaluation findings reported by the Office.

(2) Within 9 months of a performance evaluation report, any unit directed to do so shall report to the Office for each finding or recommendation in that performance evaluation report:

(i) the actions taken to address the finding or recommendation; or

(ii) a schedule for when specific actions will be implemented.
Md. Code, Commercial Law § 2-315 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-315
§2–315.
Status: in_force

(1) Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

(2) The provisions of subsection (1) apply to a lease of goods and a bailment for hire of goods which pass through the physical possession of and are maintained by the lessor, sublessor, or bailor.
Md. Code, Criminal Procedure § 2-501 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

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

(b) (1) “Facial recognition technology” means a computer program, a service, or any other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations.

(2) “Facial recognition technology” does not include technology:

(i) used only for the analysis of facial features to grant or deny access to an electronic device; or

(ii) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.

(c) “Law enforcement agency” has the meaning stated in § 2–101 of the Public Safety Article.
Md. Code, Public Utilities § 2-110 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

(a) In this section, “public service company” includes an electricity supplier and a gas supplier as those terms are defined in § 1–101 of this article.

(b) (1) The costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel shall be borne by the public service companies that are subject to the Commission’s jurisdiction.

(2) The costs and expenses shall be assessed as provided in this section.

(3) The Commission shall pay the money that it collects for the assessment under this section into the Public Utility Regulation Fund in the State Treasury established under § 2–110.1 of this subtitle to reimburse the State for the expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel.

(c) (1) (i) Before each State fiscal year, the Chairman of the Commission shall estimate the Commission’s total costs and expenses, including:

1. the compensation and expenses of the Commission, its officers, agents, and personnel;

2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Commission;

3. all other maintenance and operation expenses of the Commission; and

4. all other direct and indirect costs of the Commission.

(ii) The estimate shall exclude the expenses associated with services performed by the Commission for which the Commission is reimbursed under this division.

(iii) The estimate shall include, as provided by the Strategic Energy Planning Office:

1. the compensation and expenses of the Strategic Energy Planning Office, its officers, agents, and personnel;

2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Strategic Energy Planning Office;

3. all other maintenance and operation expenses of the Strategic Energy Planning Office; and

4. all other direct and indirect costs of the Strategic Energy Planning Office.

(iv) The estimate shall include, as provided by the Office of People’s Counsel:

1. the compensation and expenses of the Office of People’s Counsel, its officers, agents, and personnel;

2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Office of People’s Counsel;

3. all other maintenance and operation expenses of the Office of People’s Counsel; and

4. all other direct and indirect costs of the Office of People’s Counsel.

(2) Based on the estimate, the Chairman shall determine the amount to be paid by each public service company.

(3) The Commission shall send a bill to each public service company on or before May 1 of each year.

(4) (i) The bill shall equal the product of:

1. the estimated total costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel during the next fiscal year; multiplied by

2. the ratio of the gross operating revenues for the public service company derived from intrastate utility and electricity supplier operations in the preceding calendar year, or other 12–month period as the Chairman determines, to the total of the gross operating revenues derived from intrastate utility and electricity supplier operations for all public service companies that are billed under this section over that period.

(ii) To the extent that the Commission requires an electric company to report the gross operating revenue derived from intrastate utility and electricity supplier operation in order to calculate the bill under subparagraph (i) of this paragraph, a small rural electric cooperative described in § 7–502(a) of this article may satisfy the requirement by submitting to the Commission an estimate made in accordance with a formula approved by the Commission from information that the small rural electric cooperative submits to the rural utilities service.

(5) The minimum bill for a public service company shall be $10.

(6) The public service company:

(i) shall pay the bill on or before the next July 15; or

(ii) may elect to make partial payments on the 15th days of July, October, January, and April.

(7) A partial payment shall equal 25% of the bill and may not be less than $10.

(8) During any State fiscal year, the Chairman may change the estimate of costs and expenses of the Commission, the estimate of costs and expenses of the Strategic Energy Planning Office, as changed by the Strategic Energy Planning Office, and the estimate of costs and expenses of the Office of People’s Counsel, as changed by the People’s Counsel.

(9) (i) If the estimate is changed, the Commission shall send a revised bill to each public service company that has elected to make partial payments.

(ii) The change shall be apportioned equally against the remaining payments for the fiscal year.

(10) (i) On or before September 15 of each year, the Chairman shall compute:

1. the actual costs and expenses of the Commission;

2. the actual costs and expenses of the Strategic Energy Planning Office, as provided by the Strategic Energy Planning Office for the preceding fiscal year; and

3. the actual costs and expenses of the Office of People’s Counsel, as provided by the People’s Counsel for the preceding fiscal year.

(ii) If the amounts collected are less than the actual costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of the People’s Counsel, after deducting the amounts recovered under §§ 2–111(a) and 2–123 of this subtitle, on or before October 15, the Chairman shall send to any public service company that is affected a statement that shows the amount due.

(iii) If the amounts collected exceed the actual costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of the People’s Counsel for the preceding fiscal year, the Commission shall deduct any excess retained funds from the appropriation for the next fiscal year before the Commission determines the amount to be paid by each public service company for the next fiscal year under paragraph (2) of this subsection.

(11) A public service company shall pay an amount due within 30 days after the statement is received.

(12) The total amount that may be charged to a public service company under this section for a State fiscal year may not exceed:

(i) 0.50% of the public service company’s gross operating revenues derived from intrastate utility and electricity supplier operations in the preceding calendar year, or other 12–month period that the Chairman determines, for the costs and expenses of the Commission other than that of the Strategic Energy Planning Office and the Office of People’s Counsel; plus

(ii) 0.074% of those revenues for the costs and expenses of the Strategic Energy Planning Office; plus

(iii) 0.074% of those revenues for the costs and expenses of the Office of People’s Counsel.

(d) (1) Within 30 days after the Commission issues a bill under subsection (c) of this section, the party billed may request a hearing as to the amount of the bill.

(2) Any amount of a bill that is not paid within 30 days after the date of determination on a hearing or, if a hearing is not requested, on the date when payment is due, shall bear annual interest at a rate, not less than 6%, that the Commission sets by regulation.
Md. Code, Tax - General § 2-1603 — MD Code / Article gtg / Title 2 / Subtitle 16 / Section 2-1603
§2–1603.
Status: in_force

After making the distributions required under §§ 2–1601 and 2–1602 of this subtitle, the Comptroller shall distribute:

(1) to the Blueprint for Maryland’s Future Fund established under § 5–206 of the Education Article, the following amount or percentage of the remaining tobacco tax revenue:

(i) for fiscal year 2025, $88,300,000;

(ii) for fiscal year 2026, 32.6%;

(iii) for fiscal year 2027, 33.2%; and

(iv) for fiscal year 2028 and each fiscal year thereafter, 16.2%; and

(2) the remaining tobacco tax revenue to the General Fund of the State.
Md. Code, Real Property § 2-104 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

If the words “the said ... covenants” are used in a deed, the words are presumed to have the same effect as if the covenant were expressed to be by the covenantor for himself and as if made with the grantee in the deed.
Md. Code, Alcoholic Beverages and Cannabis § 2-171 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-171
§2–171.
Status: in_force

(a) A direct beer delivery permit entitles the holder to sell and deliver beer manufactured by the holder directly to a consumer in the State by receiving and filling orders that the consumer transmits by electronic or other means.

(b) A direct liquor delivery permit entitles the holder to sell and deliver liquor manufactured by the holder directly to a consumer in the State by receiving and filling orders that the consumer transmits by electronic or other means.
Md. Code, Tax - General § 2-614.1 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-614.1
§2–614.
Status: in_force

§2–614.1.

(a) In this section, “qualified data center” has the meaning stated in § 11–239 of this article.

(b) After making the distributions required under §§ 2–613, 2–613.1, and 2–614 of this subtitle, the Comptroller shall distribute 15% of the remaining income tax revenue from corporations that is attributable to qualified data centers that are operational on or after January 1, 2026, to the Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article.
Md. Code, Corporations and Associations § 2-110 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

(a) The bylaws may contain any provisions not inconsistent with law or the charter of the corporation for the regulation and management of the affairs of the corporation.

(b) The bylaws may divide the directors of the corporation into classes and specify the term of office of each class.

(c) (1) In this subsection, “facts ascertainable outside the bylaws” include:

(i) An action or determination by any person, including the corporation, its board of directors, an officer or agent of the corporation, and any other person affiliated with the corporation;

(ii) Any agreement or other document; or

(iii) Any other event.

(2) Any provision of the bylaws permitted under subsection (a) of this section may be made dependent upon facts ascertainable outside the bylaws.
Md. Code, Agriculture § 2-2405 — MD Code / Article gag / Title 2 / Subtitle 24 / Section 2-2405
§2–2405.
Status: in_force

§2–2405. IN EFFECT

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

The Department may adopt regulations to carry out this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 2-201 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

Each license specified in this subtitle is a manufacturer’s license that the Executive Director issues.
Md. Code, Family Law § 2-504 — MD Code / Article gfl / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

(a) (1) On written request, made under penalty of perjury, of both parties to a marriage, the clerk for the county that issued the marriage license shall issue a new marriage record in accordance with this section if the clerk received satisfactory proof that a court of competent jurisdiction, regardless of location, has issued an order for a change of name for a party to the marriage.

(2) On the presentation of a death certificate for a party to a marriage, the clerk for the county that issued the marriage license shall accept a request made under paragraph (1) of this subsection from the other party to the marriage.

(3) On the presentation of an order of the court instructing a marriage record to be changed, the clerk for the county that issued the marriage license shall accept a request under paragraph (1) of this subsection without a written request of both parties.

(b) (1) A new marriage record issued under this section shall:

(i) if the original marriage record designates the gender of the parties, including by using the terms “bride”, “groom”, “wife”, or “husband”, designate the parties using gender–neutral language; and

(ii) if the name of a party to the marriage has been changed at any time, reflect the name that was most recently established and for which a certified order of change of name or other appropriate evidence has been submitted to the clerk.

(2) A new marriage record issued under subsection (a) of this section may not:

(i) be marked “amended”; or

(ii) show on its face that a change has been made to:

1. a name of a party; or

2. if applicable, a gender designation.

(c) (1) If a new marriage record is issued, the clerk shall:

(i) substitute the new electronic marriage record for the existing marriage record then on file; and

(ii) report and transmit a copy of the new marriage record to the Secretary of Health in accordance with § 2–503 of this title.

(2) After a marriage record is changed under this section, any certified copy of the marriage record that is issued shall be a copy of the new marriage record, unless a court of competent jurisdiction orders the issuance of a copy of the original marriage record.
Md. Code, Alcoholic Beverages and Cannabis § 2-204 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) There is a Class 2 rectifying license.

(b) A license holder may:

(1) establish and operate a plant for rectifying, blending, and bottling alcoholic beverages at the location described in the license;

(2) sell and deliver alcoholic beverages to:

(i) a holder of a Class 1 distillery license, Class 2 rectifying license, or wholesaler’s license;

(ii) a holder of a permit that is authorized to acquire the alcoholic beverage; and

(iii) a person outside the State that is authorized to acquire the alcoholic beverage;

(3) acquire alcoholic beverages from the holder of a Class 1 distillery license, Class 2 rectifying license, Class 3 winery license, wholesaler’s license, or nonresident dealer’s permit;

(4) rectify, blend, bottle, and store alcoholic beverages in the name of another person or under a trade name if the other person or trade name also holds a Class 2 rectifying license; and

(5) (i) conduct guided tours of the licensed premises; and

(ii) serve not more than three samples of products manufactured at the licensed premises, with each sample consisting of not more than one–half ounce from a single product, to an individual who has attained the legal drinking age and participated in a guided tour of the licensed premises.

(c) A license holder or entity in which a license holder has a pecuniary interest may not act as a caterer of food.

(d) Subject to subsection (e) of this section, a license holder may conduct the activities specified in subsection (b)(5) of this section:

(1) for off–premises consumption of products manufactured at the licensed premises and for sampling, from 10 a.m. to 10 p.m. each day; and

(2) for on–premises consumption of products manufactured at the licensed premises:

(i) from 10 a.m. to 6 p.m. each day; or

(ii) if guests are attending a planned promotional event or other organized activity on the licensed premises, from 10 a.m. to 10 p.m. each day.

(e) A Class 2 rectifying license allows the license holder to operate 7 days a week.

(f) At least 14 days before holding a planned promotional event after 6 p.m., a license holder shall file a notice of the promotional event with the Executive Director on the form that the Executive Director provides.

(g) A holder of a caterer’s license or privilege under Subtitle 5 of this title or Subtitle 12 of various titles of Division II of this article may exercise the privileges of the license or privilege on the licensed premises of the license holder.

(h) Nothing in this section limits the application of relevant provisions of Title 21 of the Health – General Article, and regulations adopted under that title, to a license holder.

(i) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $600.
Md. Code, State Government § 2-901 — MD Code / Article gsg / Title 2 / Subtitle 9 / Section 2-901
§2–901.
Status: in_force

In this subtitle, “Committee” means the Joint Committee on Federal Relations.
Md. Code, State Finance and Procurement § 2-404 — MD Code / Article gsf / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

(a) If the State has agreed to pay the costs set out in § 2-402 of this subtitle and any additional construction costs associated with the connection, the State may connect a State facility, regardless of its location, to a publicly owned utility system.

(b) If an existing publicly owned utility system is inadequate to handle proposed State utility needs, the State shall pay all costs that are:

(1) associated with the expansion of the publicly owned utility system to meet the needs of the State; and

(2) in excess of available federal funds.

(c) Before connecting to any publicly owned utility system, the State shall:

(1) coordinate with the owner of the publicly owned utility system; and

(2) consider any existing master plan in establishing the fiscal obligation of the State under this section.

(d) (1) After determining the need of the State for water or sewerage capacity, the State shall provide the information to the appropriate local jurisdictions.

(2) The local jurisdictions shall include State facility needs in developing their master plans for water and sewerage systems.
Md. Code, Estates and Trusts § 2-215 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-215
§2–215.
Status: in_force

(a) In this section, “electronic”, “sign”, and “will” have the meanings stated in § 4–101 of this article.

(b) (1) A register shall accept any document, except an original will, that is filed:

(i) Electronically through a system established by the register; and

(ii) In accordance with the Maryland Rules.

(2) Nothing in this subsection may be construed to prohibit the filing of a document in paper form with a register.

(c) A register may not refuse to accept any document based on the manner in which it was signed.
Md. Code, State Personnel and Pensions § 2-501.1 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-501.1
§2–501.
Status: in_force

§2–501.1.

In this subtitle, the terms “spouse”, “family”, “immediate family”, “dependent”, and any other terms that denote the spousal relationship shall be construed to include a party to a domestic partnership, as defined in § 6–101 of the Health – General Article.
Md. Code, Commercial Law § 2A-303 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-303
§2A–303.
Status: in_force

(1) As used in this section, “creation of a security interest” includes the sale of a lease contract that is subject to Title 9, Secured Transactions, by reason of § 9-109(a)(3).

(2) Except as provided in subsection (3) and § 9-407, a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor’s residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (4), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.

(3) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor’s due performance of the transferor’s entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (4).

(4) Subject to subsection (3) and § 9-407:

(a) If a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in § 2A-501(2);

(b) If paragraph (a) is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (i) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transferor.

(5) A transfer of “the lease” or of “all my rights under the lease”, or a transfer in similar general terms, is a transfer of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract.

(6) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default.

(7) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous.
Md. Code, Agriculture § 2-1602 — MD Code / Article gag / Title 2 / Subtitle 16 / Section 2-1602
§2–1602.
Status: in_force

§2–1602. IN EFFECT

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

(a) There is a Spay/Neuter Fund in the Department.

(b) The purpose of the Fund is to reduce animal shelter overpopulation and cat and dog euthanasia rates by financing grants to local governments and animal welfare organizations for programs that most efficiently and effectively facilitate and promote the provision of spay and neuter services for cats and dogs in the State.

(c) The Department shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

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

(e) The Fund consists of:

(1) Revenue distributed to the Fund from the fee established under § 2–1603 of this subtitle;

(2) Money appropriated in the State budget to the Fund;

(3) Any investment earnings of the Fund; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(f) (1) The Fund may be used only as described in this subsection.

(2) (i) The Fund may be used to finance selected competitive grant proposals submitted by a local government or an animal welfare organization to facilitate and promote the provision of spay and neuter services for cats and dogs.

(ii) The Department shall solicit and evaluate competitive grant proposals.

(iii) A competitive grant proposal:

1. Shall target low–income communities and populations to the maximum extent possible and detail how that goal is to be accomplished;

2. May target feral cat populations if the Department determines that this targeting does not violate local law;

3. Shall efficiently and effectively facilitate and promote the provision of spay and neuter services for cats and dogs; and

4. May include public education and outreach components.

(iv) The Department shall evaluate a competitive grant proposal based on:

1. The standards established under subparagraph (iii) of this paragraph; and

2. Any additional standards the Department adopts by regulation consistent with this section.

(v) The Department shall adopt regulations requiring a grant recipient to report relevant information on how the grant was used, including data on the number and type of spay or neuter surgeries performed and a description of any public education and outreach implemented.

(3) The Department may use money in the Fund:

(i) To finance public education and outreach efforts for the competitive grant program; and

(ii) For the reasonable costs of administering the Fund.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any investment earnings of the Fund shall be paid into the Fund.

(h) Beginning January 1, 2014, each county and municipal animal control shelter and each organization that contracts with a county or municipality for animal control shall report quarterly to the Department on a form prescribed by the Department describing for the previous 3 months:

(1) The number of cats and dogs taken in;

(2) The number of cats and dogs disposed of, broken down by method of disposal, including euthanasia; and

(3) Any other relevant data the Department requires.

(i) By August 31, 2014, and each year thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that describes the activities financed by the Fund in the previous fiscal year, including:

(1) A description of all grant proposals selected for funding and grant programs implemented;

(2) A statement of the number of spay and neuter surgeries performed under each grant proposal selected;

(3) A description of and accounting for any public education and outreach efforts made for the benefit of Fund programs; and

(4) A summary of the information reported to the Department by local animal control shelters and organizations that contract with local governments for animal control under subsection (h) of this section.
Md. Code, Health Occupations § 2-402.2 — MD Code / Article gho / Title 2 / Subtitle 4 / Section 2-402.2
§2–402.
Status: in_force

§2–402.2.

(a) Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person:

(1) Is authorized to practice speech–language pathology in this State; or

(2) Evaluates, examines, instructs, or counsels individuals suffering from disorders or conditions that affect speech, language, communication, and swallowing.

(b) Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in speech–language pathology, including but not limited to:

(1) “Communication disorders”;

(2) “Communicologist”;

(3) “Dysphagist”;

(4) “Language pathologist”;

(5) “Logopedist”;

(6) “Speech and language clinician”;

(7) “Speech and language therapist”;

(8) “Speech clinic”;

(9) “Speech clinician”;

(10) “Speech correction”;

(11) “Speech correctionist”;

(12) “Speech pathology”;

(13) “Speech–language pathology”;

(14) “Speech therapist”;

(15) “Speech therapy”; or

(16) “Swallowing therapist”.

(c) While performing the duties of that employment, an individual employed by any agency of the federal government may use any of the titles listed in subsection (b) of this section.

(d) (1) Except as provided in paragraph (2) of this subsection, an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy may not represent to the public that the individual is authorized to treat a communication disorder.

(2) This section may not be construed to prohibit an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy from representing to the public that the individual may work with a client who has a communication disorder and address communication skills.
Md. Code, State Government § 2-1803 — MD Code / Article gsg / Title 2 / Subtitle 18 / Section 2-1803
§2–1803.
Status: in_force

(a) This section applies to a petition for an order directing compliance with a subpoena or compelling testimony under § 2–408, § 2–507, § 2–807, or § 2–1104 of this title.

(b) The petition shall be filed in the Circuit Court for Anne Arundel County or, at the election of the petitioner, in any county in which venue would be appropriate under § 6–201 of the Courts Article.

(c) (1) Except as otherwise provided in this subsection, the petition shall set forth the questions or requests that were asked or made of the party whose conduct necessitated the petition and, if any, the answers or objections provided or raised by that party.

(2) The petitioner may satisfy the provisions of paragraph (1) of this subsection by attaching the relevant portions of a transcript to the petition.

(3) The petitioner need not comply with the provisions of paragraph (1) of this subsection if there has been no response to the subpoena.

(d) Any response to the petition shall be filed by the party served with the petition within 15 days after being served with the petition, unless that time period is shortened by order of the court.

(e) (1) A response to a petition filed by the party whose conduct necessitated the petition is the only pleading that an objecting party may file to object to a subpoena.

(2) The party whose conduct necessitated the petition may not file a motion to quash or a petition for an injunction with respect to the subpoena.

(f) (1) Except for cases that the court considers to require a higher priority, a proceeding under this section, including any subsequent appellate judicial review, shall:

(i) take precedence on the court’s docket;

(ii) be heard at the earliest practicable date; and

(iii) be expedited in every way.

(2) In any hearing on the petition in a proceeding under this section, the court may not allow any additional evidence.

(g) Notwithstanding any other provision of law, a party to a proceeding under this section may appeal the decision of the circuit court only by a petition to the Supreme Court of Maryland for the issuance of a writ of certiorari.