Md. Code, Tax - Property § 7-211 — MD Code / Article gtp / Title 7 / Subtitle 2 / Section 7-211
§7–211.
Status: in_force

(a) (1) In this subsection, “national defense” includes homeland security.

(2) An interest of a person in personal property of the federal government or of the State is not subject to property tax if the person holds an interest in the property under a contract with the federal government or the State for:

(i) manufacturing, constructing, or assembling equipment, supplies, or component parts for national defense purposes; or

(ii) research or development for national defense purposes.

(3) An interest of a person in personal property or real property of the federal government or of the State is not subject to property tax if that property:

(i) is situated on land that is owned by the federal government and located within the defined boundaries of a military installation; and

(ii) is used for national defense purposes or for housing for military personnel and their families.

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

(i) property owned by the Maryland-National Capital Park and Planning Commission in Prince George’s County that is located in a public airport and is used for a restaurant concession; and

(ii) property owned by the Canal Place Preservation and Development Authority in Allegany County if:

1. the property is leased for a concession for a term of 10 years or more; or

2. the lessee has made a capital investment in the property or improvements on the property in excess of $500,000.

(2) An interest of a person in property of the federal government, the State, a county, or a municipal corporation is not subject to property tax, if the property is used for a concession that:

(i) is located in a public airport, park, market, or fairground; and

(ii) is available for use by the general public.

(c) (1) Except for an interest in federal enclave property as defined in § 7–211.3 of this subtitle, an interest of a person in any property of the federal government or the State is not subject to property tax, if the government that owns the property makes negotiated payments in lieu of tax payments.

(2) Land owned by the federal government that is the location for federal enclave property as defined in § 7–211.3 of this subtitle is not subject to property tax.

(d) (1) In this subsection, “port facility” includes at least 1 or a combination of:

(i) lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, and equipment that is useful or designed for use in connection with shipbuilding, ship repair, or the operation of a port;

(ii) every kind of terminal, storage structure, or facility that is useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals; and

(iii) every kind of transportation facility that is useful or designed for use in connection with any of these.

(2) An interest of a person in property in a port facility that is owned by the federal government or the State, any of their agencies or instrumentalities, or a county or municipal corporation is not subject to the property tax.

(e) An interest of a person in property in an international trade center as described in § 6-101(e)(4) of the Transportation Article, is not subject to property tax, if the State, or any agency or instrumentality of the State:

(1) owns the property; and

(2) makes negotiated payments in lieu of tax payments.

(f) An interest of a person in personal property in a vending facility operated under the Maryland Vending Program for the Blind is not subject to the property tax.

(g) (1) In this subsection, “public senior higher education institution” has the meaning stated in § 10-101 of the Education Article.

(2) An interest of a person in property of the State is not subject to property tax if the person holds an interest in the property under a lease agreement with the State to use the property to provide housing to students of public senior higher education institutions.

(3) A public senior higher education institution may negotiate a payment-in-lieu-of-taxes agreement with the municipal corporation or county in which the property specified in paragraph (2) of this subsection is located.

(h) (1) In this subsection, “bus passenger shelter” means:

(i) a bus passenger shelter as defined in § 8–750 of the Transportation Article; or

(ii) a shelter located at a designated transit bus stop on a campus of a public senior higher education institution as defined in § 10–101 of the Education Article.

(2) An interest of a person in property of the State, county, or a municipal corporation or any agency or instrumentality of the State, county, or a municipal corporation is not subject to property tax:

(i) if the person holds an interest in the property under an agreement with the State, county, or municipal corporation under § 8–751 or § 8–752 of the Transportation Article to operate a bus passenger shelter; or

(ii) if the person holds an interest in the property under an agreement with a public senior higher education institution to operate a bus passenger shelter.

(i) An interest of a person in personal property that is located on property owned by the State is not subject to property tax if the personal property is a crane used for cargo handling purposes.
Md. Code, Health Occupations § 7-319 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-319
§7–319.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 7-316 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The person may be represented at the hearing by counsel.

(d) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or investigation under this title and any hearings or proceedings before it.

(e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance with the subpoena and may punish the person as for contempt of court.

(f) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(g) If after a hearing an individual is found in violation of § 7-316 of this subtitle, the individual shall pay the hearing costs.

(h) If the Board orders the suspension of a license in accordance with § 10–226(c)(2) of the State Government Article, the Board shall notify the licensee of the suspension within 48 hours after the Board makes the determination to order the suspension.
Md. Code, Public Utilities § 7-216.2 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-216.2
§7–216.
Status: in_force

§7–216.2.

(a) In this section, “energy storage device” has the meaning stated in § 7–216 of this subtitle.

(b) (1) The General Assembly finds and declares that the State has a goal of reaching at least 150 megawatts of distribution–connected front–of–the–meter energy storage devices.

(2) On or before July 1, 2025, and on or before July 1, 2026, the Commission shall notify each investor–owned electric company of its proportion of the goal established under this subsection, based on:

(i) the electric company’s service load; or

(ii) other criteria established by the Commission.

(c) (1) On or before November 1, 2025, the Commission shall require each investor–owned electric company to submit a plan to achieve up to one–third of the proportion of distribution–connected front–of–the–meter energy storage devices necessary to reach the electric company’s apportionment of the goal stated in subsection (b) of this section.

(2) On or before November 1, 2026, the Commission shall require each investor–owned electric company to submit a plan for the balance of the proportion of distribution–connected front–of–the–meter energy storage devices necessary to reach the electric company’s apportionment of the goal stated in subsection (b) of this section.

(3) On or before May 1, 2026, for plans submitted in accordance with paragraph (1) of this subsection, and on or before May 1, 2027, for plans submitted in accordance with paragraph (2) of this subsection, the Commission shall:

(i) evaluate each plan;

(ii) accept public comments on each plan; and

(iii) issue an order for each plan that:

1. approves the plan;

2. approves the plan with modifications that the Commission considers necessary; or

3. rejects the plan, with an explanation of the reasons for the rejection.

(4) The energy storage devices constructed or procured under each plan shall include a combination of devices owned by the investor–owned electric company and devices owned by a third party, with a goal of 30% of the devices being owned by a third party.

(5) (i) The energy storage devices that are constructed or procured under a plan submitted by November 1, 2025, shall be operational by November 1, 2027.

(ii) The energy storage devices that are constructed or procured under a plan submitted by November 1, 2026, shall be operational by November 1, 2028.

(iii) The Commission may extend a deadline under this paragraph for good cause.

(d) The Commission shall require each plan to demonstrate that the construction or procurement of each energy storage device:

(1) is cost–effective in consideration of a cost–benefit analysis, including a demonstration of any:

(i) avoided or delayed transmission, distribution, and generation costs; and

(ii) avoided emissions in the short term and projected emissions in the long term, measured using the social cost of carbon, as determined by the U.S. Environmental Protection Agency as of January 1, 2025;

(2) can be completed within 18 months after the plan is approved; and

(3) complies with any other factors determined by the Commission.

(e) (1) A developer of a third–party–owned energy storage device constructed in accordance with this section shall ensure that workers are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article.

(2) An energy storage device constructed and owned by an electric company shall be constructed by:

(i) employees of the electric company; or

(ii) contractors that shall ensure that workers constructing the energy storage device are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article.

(3) (i) An investor–owned electric company shall operate and maintain energy storage devices installed by the electric company in accordance with this section.

(ii) In performing the maintenance and operations required under subparagraph (i) of this paragraph, an investor–owned electric company shall meet with the employee bargaining unit’s labor representative and confer in good faith regarding the viability of:

1. allocating maintenance and operations work to current bargaining unit employees;

2. training current bargaining unit employees to perform maintenance and operations work;

3. hiring qualified individuals to perform maintenance and operation work;

4. training newly hired individuals to perform maintenance and operations work; and

5. maintaining and operating storage devices in accordance with paragraph (4) of this subsection.

(4) (i) Subject to subparagraph (ii) of this paragraph, an investor–owned electric company may contract any work under this section not conducted by the company’s employee bargaining unit to a qualified contractor.

(ii) An investor–owned electric company shall require a contractor or subcontractor on a project under this section to:

1. pay the area prevailing wage rate determined by the Commissioner of Labor and Industry, including wages and fringe benefits; and

2. offer health care and retirement benefits to the employees working on the project.

(f) (1) Each energy storage project constructed in accordance with this section shall include a proposed decommissioning plan.

(2) The proposed decommissioning plan shall include a plan to maximize the recycling or reuse of all qualifying components of each energy storage device.

(3) The owner or operator of an energy storage device may submit a revised recycling and reuse plan that incorporates emerging recycling and reuse opportunities up to 1 year before executing the decommissioning plan.
Md. Code, Public Utilities § 7-215 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-215
§7–215.
Status: in_force

(a) This section applies to a solar electric generating facility located in the State that:

(1) has the capacity to produce more than 2 megawatts of electricity; and

(2) is designed to produce electricity for sale on the wholesale market.

(b) (1) Not later than 30 days after selling or otherwise transferring ownership of a solar electric generating facility the owner of the facility shall provide notice of the sale or transfer to:

(i) the county in which the facility is located; and

(ii) the Commission.

(2) The notice under this section shall include the name, address, phone number, and e–mail address of the new owner.
Md. Code, Criminal Law § 7-114 — MD Code / Article gcr / Title 7 / Subtitle 1 / Section 7-114
§7–114.
Status: in_force

(a) (1) In this section, “revenue officer” means an officer with the duty to collect revenue due to the State, a county, or other governmental entity.

(2) “Revenue officer” includes:

(i) a clerk;

(ii) a notary public;

(iii) a register of wills;

(iv) a sheriff; and

(v) a tax collector.

(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:

(1) 60 days after the date specified by law for the revenue officer to make payment; or

(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.

(c) (1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.

(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:

(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and

(ii) is subject to any other penalty provided by law.

(d) A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.

(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.
Md. Code, Education § 7-11A-03 — MD Code / Article ged / Title 7 / Subtitle 11A / Section 7-11A-03
§7–11A–03.
Status: in_force

A school shall develop policies and procedures to implement the requirements of this subtitle.
Md. Code, State Personnel and Pensions § 7-203 — MD Code / Article gsp / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

(a) An appointing authority may select candidates for a position:

(1) from an existing list of eligible candidates;

(2) if the appointing authority decides to recruit for the position, by recruitment;

(3) from a special list of eligible candidates whom the Division of Rehabilitation Services of the Department of Education certifies as being physically capable and adequately trained to qualify for the position;

(4) from a list of contractual employees performing the same or similar duties of the position; or

(5) as provided in subsection (b) of this section.

(b) (1) An appointing authority may select a disabled veteran for a position if:

(i) the disabled veteran:

1. is a veteran; and

2. A. is included on a United States uniformed services permanent disability list with a disability rating of at least 30%; or

B. has been rated by the United States Department of Veterans Affairs as having a compensable service–connected disability of at least 30%;

(ii) the disabled veteran presents to the appointing authority written documentation:

1. issued by an appropriate department of the federal government within the year preceding selection; and

2. certifying the existence and extent of the veteran’s disability;

(iii) the appointing authority determines that the disabled veteran is qualified to perform the duties and responsibilities of the position;

(iv) the appointing authority notifies the Secretary in writing that the position is to be filled by a disabled veteran on a noncompetitive basis in accordance with this subsection; and

(v) the disabled veteran does not hold a permanent appointment or have mandatory reinstatement rights to a permanent appointment.

(2) The requirements of § 7–209 of this subtitle do not apply to a disabled veteran selected for a vacant position under paragraph (1) of this subsection.

(3) If an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority may interview any disabled veteran who:

(i) has expressed an interest to the appointing authority in applying for the position; and

(ii) satisfies the requirements under paragraph (1) of this subsection.

(4) Except as provided in paragraph (3) of this subsection, if an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority is not required to interview any other qualified applicants for appointment to the position.

(5) This subsection does not require an appointing authority to select a disabled veteran for a vacant position or prohibit an appointing authority from filling a vacant position in accordance with the requirements of this subtitle.
Md. Code, Transportation § 7-718 — MD Code / Article gtr / Title 7 / Subtitle 7 / Section 7-718
§7–718.
Status: in_force

(a) In this section, “Purple Line” has the meaning stated in § 2–103.8 of this article.

(b) Subject to subsection (c) of this section, the Administration shall develop and implement a program to provide:

(1) For the first month after transit service on the Purple Line begins, ridership on Purple Line transit vehicles at no cost to individuals residing within a one–quarter–mile radius of the Purple Line track; and

(2) Beginning on October 1, 2025, and until 3 months after transit service on the Purple Line begins, promotional materials and services at no cost to small businesses, as defined in § 2–1505.2 of the State Government Article, located within a one–quarter–mile radius of the Purple Line track.

(c) The Administration shall use internal resources it has available to implement the program, including:

(1) Websites maintained by the Administration; and

(2) The printing and design services of the Administration.

(d) Nothing in this section may be construed to require the Administration to procure private advertising or marketing services.

(e) The Administration shall adopt regulations to implement this section.
Md. Code, General Provisions § 7-309 — MD Code / Article ggp / Title 7 / Subtitle 3 / Section 7-309
§7–309.
Status: in_force

The diamondback terrapin (Malaclemys terrapin) is the State reptile.
Md. Code, Education § 7-440 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-440
§7–440.
Status: in_force

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

(2) “Behavioral health counseling services” means prevention, intervention, and treatment services for the social–emotional, psychological, behavioral, and physical health of students, including mental health and substance abuse disorders.

(3) “Health care provider” has the meaning stated in § 20–104 of the Health – General Article.

(b) (1) The Maryland Department of Health, in conjunction with the Department, shall recommend best practices for county boards of education to provide to students:

(i) Behavioral needs assessments; and

(ii) Individualized or group behavioral health counseling services with a health care provider through a school–based health center or through community partnered school–based behavioral health services.

(c) This section may not be construed to require a county board to provide behavioral needs assessments or individualized or group behavioral health counseling services to students.
Md. Code, Environment § 7-507 — MD Code / Article gen / Title 7 / Subtitle 5 / Section 7-507
§7–507.
Status: in_force

When an applicant submits an application under § 7–506 of this subtitle, the applicant also may submit a request to the Department of Commerce to determine the applicant’s eligibility to qualify for financial incentives for the redevelopment of a brownfields site in accordance with Title 5, Subtitle 3 of the Economic Development Article.
Md. Code, State Government § 7-304 — MD Code / Article gsg / Title 7 / Subtitle 3 / Section 7-304
§7–304.
Status: in_force

(a) The following individuals may apply to participate in the Program:

(1) an individual acting on the individual’s own behalf;

(2) a parent or guardian acting on behalf of a minor who resides with the parent or guardian;

(3) a guardian acting on behalf of a disabled person; or

(4) an individual who resides in the same household as an eligible applicant or Program participant.

(b) An application to participate in the Program shall be in the form required by the Secretary of State and shall contain:

(1) a statement that:

(i) the applicant is a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and

(ii) the applicant fears for the applicant’s safety, or the safety of the applicant’s child;

(2) evidence that the applicant is eligible for Program participation, including:

(i) certified law enforcement, court, or other federal or State agency records or files;

(ii) documentation from a domestic violence, sexual assault, or human trafficking prevention or assistance program;

(iii) documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; or

(iv) a statement from the applicant about the applicant’s subjective fear;

(3) a statement that disclosure of the applicant’s actual address would endanger the applicant’s safety or the safety of the applicant’s child;

(4) a knowing and voluntary designation of the Secretary of State as agent for purposes of service of process and receipt of first–class, certified, or registered mail;

(5) the mailing address and telephone number at which the applicant may be contacted by the Secretary of State;

(6) the actual address that the applicant requests not be disclosed by the Secretary of State because it would increase the risk of domestic violence, sexual assault, stalking, harassment, human trafficking, or other crimes;

(7) a statement as to whether there is any existing court order or pending court action involving the applicant and related to divorce proceedings, child support, child custody, or child visitation, and the identity of the court that issued the order or has jurisdiction over the action, if any;

(8) a sworn statement by the applicant that, to the best of the applicant’s knowledge, all the information contained in the application is true;

(9) the signature of the applicant and the date on which the applicant signed the application; and

(10) a voluntary release and waiver of all future claims against the State that may arise from participation in the Program except for a claim based on gross negligence.

(c) (1) (i) On the filing of a properly completed application and release, the Secretary of State shall:

1. review the application and release; and

2. if the application and release are properly completed and accurate, designate the applicant as a Program participant.

(ii) An applicant shall be a participant for 4 years from the date of filing unless the participation is canceled or withdrawn prior to the end of the 4–year period.

(2) A Program participant may withdraw from participation by filing a signed request for withdrawal with the Secretary of State.
Md. Code, Tax - General § 7-204 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-204
§7–204.
Status: in_force

(a) In this section, “clear value” means fair market value minus expenses.

(b) The inheritance tax rate is 10% of the clear value of the property that passes from a decedent.

(c) If a decedent died on or before May 31, 1975, the rate of the inheritance tax is the rate in effect on the date of the decedent’s death.
Md. Code, Financial Institutions § 7-102 — MD Code / Article gfi / Title 7 / Subtitle 1 / Section 7-102
§7–102.
Status: in_force

(a) There is a Credit Union Insurance Corporation, established as a nonprofit, nonstock corporation, the members of which are credit unions that are accepted for membership under this part.

(b) (1) The Corporation is not and may not be deemed a department, unit, agency, or instrumentality of the State for any purpose.

(2) All debts, claims, obligations, and liabilities of the Corporation, whenever incurred, shall be the debts, claims, obligations, and liabilities of the Corporation only and not of the State, its agencies, instrumentalities, officers, or employees.

(3) The Corporation money may not be considered part of the General Fund of the State.

(4) The debts, claims, obligations, and liabilities of the Corporation may not be considered to be a debt of the State or a pledge of its credit.
Md. Code, Public Utilities § 7-1002 — MD Code / Article gpu / Title 7 / Subtitle 10 / Section 7-1002
§7–1002.
Status: in_force

The General Assembly finds and declares that:

(1) well–designed time–of–use pricing of electricity can help mitigate the impacts of electrification on the electric distribution system, reduce greenhouse gas emissions during peak hours, and encourage customer adoption of beneficial electrification measures through off–peak cost savings;

(2) widespread beneficial electrification will increase demand on the electric distribution system and potentially require significant system upgrades if consumers adopting beneficial electrification measures do not engage in a form of load management to mitigate the need for system upgrades and reduce the greenhouse gas intensities associated with generation emissions during peak hours;

(3) pairing the adoption of renewable on–site generating systems with beneficial electrification measures may:

(i) further reduce the State’s greenhouse gas emissions;

(ii) provide on–site resilience to consumers; and

(iii) facilitate load flexibility to mitigate impacts on the electric distribution system from load growth due to beneficial electrification; and

(4) it is reasonable to provide additional incentives and protections to low– and moderate–income households:

(i) to ensure access to the benefits of electrification and on–site energy systems; and

(ii) to protect those households from negative bill impacts during a transition to time–of–use rates.
Md. Code, Health - General § 7-403 — MD Code / Article ghg / Title 7 / Subtitle 4 / Section 7-403
§7–403.
Status: in_force

(a) (1) Except as otherwise provided in this title, an applicant for services provided or funded, wholly or partly, by this State shall submit an application to the Department in writing.

(2) The application shall contain the information that the Department requires.

(b) Within 60 days after the Department receives an application for services for an individual, the Secretary, on the basis of the application, shall:

(1) Determine whether there is a reasonable likelihood that the individual:

(i) Has developmental disability; or

(ii) Does not have developmental disability, but may be eligible for individual support services under subsection (c) of this section; and

(2) If a positive determination is made under item (1)(i) or (ii) of this subsection:

(i) Approve the application;

(ii) Determine the nature of the disability;

(iii) Determine the nature of services that the individual may require;

(iv) Determine the type of environment in which any needed services could be provided with the least restriction on the liberty of the individual;

(v) Determine what types of evaluations, if any, the individual requires;

(vi) Inform the individual of these determinations; and

(vii) Inform the individual that these determinations are preliminary and may be subject to modification as a result of further evaluation.

(c) To be eligible for individual support services, an individual shall have a severe chronic disability that:

(1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; and

(2) Is likely to continue indefinitely.

(d) If the Secretary determines, based on the application, that the individual has a sole diagnosis of mental disorder, the Secretary shall refer the individual to the Behavioral Health Administration.
Md. Code, Human Services § 7-301 — MD Code / Article ghu / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

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

(b) “Commission” means the Maryland Commission on Caregiving.

(c) “Department” means the Department of Human Services.
Md. Code, Business Occupations and Professions § 7-601 — MD Code / Article gbo / Title 7 / Subtitle 6 / Section 7-601
§7–601.
Status: in_force

This title may be cited as the “Maryland Foresters Act”.
Md. Code, Business Occupations and Professions § 7-505 — MD Code / Article gbo / Title 7 / Subtitle 5 / Section 7-505
§7–505.
Status: in_force

A person may not give false information to the Board in an attempt to obtain a license.
Md. Code, Insurance § 7-706 — MD Code / Article gin / Title 7 / Subtitle 7 / Section 7-706
§7–706.
Status: reserved

(a) (1) In this section, “earned surplus” means the part of surplus that, after deduction of all losses, represents the net earnings, gains, or profits that have not been distributed to shareholders as dividends, transferred to stated capital, transferred to capital surplus, or applied to other purposes allowed by law.

(2) In this section, “earned surplus” does not include unrealized capital gains or reevaluation of assets.

(b) In this section, “extraordinary dividend” or “extraordinary distribution” includes any dividend or distribution of cash or other property with a fair market value, that when combined with the fair market value of any other dividends or distributions made in the preceding 12 months exceeds the lesser of:

(1) 10% of the insurer’s surplus as regards policyholders as of December 31 of the preceding year; or

(2) (i) for a life insurer, the net gain from operations of the insurer not including:

1. realized capital gains for the 12-month period ending December 31 of the preceding year; and

2. pro rata distributions of any class of the insurer’s own securities; or

(ii) for an insurer that is not a life insurer, the net investment income of the insurer not including:

1. realized capital gains for the 12-month period ending December 31 of the preceding year; and

2. pro rata distributions of any class of the insurer’s own securities.

(c) (1) In determining whether a dividend or distribution is extraordinary under this section, an insurer that is not a life insurer may carry forward net investment income from the 3 calendar years prior to the preceding calendar year that has not already been paid out as dividends.

(2) The amount carried forward under paragraph (1) of this subsection shall be computed by taking the net investment income from the 3 calendar years prior to the preceding calendar year:

(i) not including realized capital gains; and

(ii) minus dividends paid in the preceding 3 calendar years.

(d) An insurer that is not a life insurer may pay an extraordinary dividend only out of earned surplus.

(e) A domestic insurer may not pay an extraordinary dividend or make any other extraordinary distribution to its shareholders unless:

(1) the insurer provides notice of the declaration to the Commissioner at least 30 days before the declaration is made; and

(2) the Commissioner has approved or not disapproved the declaration within the 30 days following notice.

(f) (1) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or extraordinary distribution conditioned on the Commissioner’s approval.

(2) A conditional declaration confers no rights on shareholders unless, within 30 days after the Commissioner receives the notice under subsection (e) of this section, the Commissioner either approves the payment or distribution, or does not disapprove the payment or distribution.
Md. Code, Correctional Services § 7-803 — MD Code / Article gcs / Title 7 / Subtitle 8 / Section 7-803
§7–803.
Status: in_force

(a) If a victim made a written request for notification under § 7–801(b)(1)(ii) of this subtitle or if a victim or a victim’s representative has filed a notification request form under § 11–104 of the Criminal Procedure Article, the Commission, if practicable, shall notify the victim in writing at least 90 days before entering into or signing a predetermined parole release agreement with an incarcerated individual.

(b) The Commission may not enter into a predetermined parole release agreement unless the Commission has notified the victim under subsection (a) of this section.
Md. Code, Human Services § 7-702 — MD Code / Article ghu / Title 7 / Subtitle 7 / Section 7-702
§7–702.
Status: in_force

(a) It is the policy of the State to encourage and enable blind, visually impaired, deaf, and hard of hearing individuals to participate fully in the social and economic life of the State and to be employed.

(b) It is the policy of the State that blind, visually impaired, deaf, and hard of hearing individuals shall be employed by the State, political subdivisions of the State, public schools, and other employers supported wholly or partly by public funds on the same terms and conditions as individuals without those disabilities, unless an individual’s disability prevents doing the work required.

(c) Deaf and hard of hearing individuals in the State are recognized as a cultural minority with specialized communication needs.

(d) (1) In this subsection, “American Sign Language” means a visual-spatial method of communication that is a distinct language involving the hands, arms, facial markers, and body movements to communicate with others, including the conveyance of thoughts, words, emotions, and grammatical information.

(2) American Sign Language is recognized as a language system designed to meet the specialized communication needs of deaf and hard of hearing individuals.
Md. Code, Education § 7-11A-02 — MD Code / Article ged / Title 7 / Subtitle 11A / Section 7-11A-02
§7–11A–02.
Status: in_force

(a) Each time a student attempts or accomplishes an elopement, the school shall notify the student’s parent or guardian of the elopement incident on the same day as the elopement incident.

(b) At least one time each year, a school or a student’s IEP team shall review and address with relevant stakeholders a student’s wandering or elopement behavior in updating the student’s IEP or behavior intervention plan.
Md. Code, Tax - General § 7-405 — MD Code / Article gtg / Title 7 / Subtitle 4 / Section 7-405
§7–405.
Status: in_force

(a) The person required to file a federal generation-skipping transfer tax return on which a federal credit is allowable shall complete and file a Maryland generation-skipping transfer tax return with the Comptroller on or before the last day for filing the federal return.

(b) If, after a person files a Maryland generation-skipping transfer tax return, the federal generation-skipping transfer tax is increased, the person shall complete and file an amended return with the Comptroller when the additional federal tax is paid.
Md. Code, State Finance and Procurement § 7-114.2 — MD Code / Article gsf / Title 7 / Subtitle 1 / Section 7-114.2
§7–114.
Status: in_force

§7–114.2.

(a) Except as provided in subsection (b) of this section, when a proposed budget includes expenditure reductions to be applied across multiple Executive Branch agencies, the budget bill shall specify how the savings will be achieved and with the exception of position abolitions and items requiring collective bargaining shall include a separate schedule for each reduction allocating the reduction for each agency in a level of detail not less than the 3–digit R*Stars financial agency code and by each fund type.

(b) For fiscal year 2026 only, when a proposed budget includes expenditure reductions to be applied across multiple Executive Branch agencies, the budget bill may specify how the savings will be achieved and with the exception of position abolitions and items requiring collective bargaining may include a separate schedule for each reduction allocating the reduction for each agency in a level of detail not less than the 3–digit R*Stars financial agency code and by each fund type.
Md. Code, Insurance § 7-704 — MD Code / Article gin / Title 7 / Subtitle 7 / Section 7-704
§7–704.
Status: in_force

A domestic insurer shall notify the Commissioner within 30 days after making any investment in one corporation if the total investment in the corporation by the domestic insurer’s insurance holding company system exceeds 10% of the corporation’s voting securities.
Md. Code, State Finance and Procurement § 7-229 — MD Code / Article gsf / Title 7 / Subtitle 2 / Section 7-229
§7–229.
Status: in_force

(a) In this section, “Fund” means the Undeliverable Checks Fund.

(b) There is an Undeliverable Checks Fund.

(c) If a check that the Treasurer, the Chief Deputy Treasurer, or a deputy treasurer issues is returned to the Comptroller as undeliverable, the Comptroller:

(1) shall keep the check for a period of not more than 30 days;

(2) during that period, shall try diligently to find the correct address of the payee and to deliver the check; and

(3) if unable to deliver the check during that period, shall send the check to the Treasurer.

(d) Whenever the Comptroller returns a check as undeliverable, the Treasurer shall:

(1) cancel the check; and

(2) request the Comptroller to credit the amount of the canceled check to the Fund.

(e) On a warrant charged against the Fund, the Treasurer, the Chief Deputy Treasurer, or a deputy treasurer may issue a check to replace a check canceled under this section.

(f) As required by State or federal law, or as considered proper by the Treasurer, the Treasurer, the Chief Deputy Treasurer, or a deputy treasurer shall:

(1) on a warrant charged against the Fund, disburse to the original source any money in the Fund required to be returned to the source; or

(2) request the Comptroller to transfer any money in the Fund to another fund or account.

(g) At the end of each fiscal year, the Treasurer:

(1) shall identify the checks that have been credited to the Fund and remain unclaimed for 2 years;

(2) determine a reasonable balance to retain in the Fund that will be needed to honor each replacement check that may be issued on a warrant charged against the Fund; and

(3) request the Comptroller to transfer the balance in the Fund, after subtraction of the amount determined as provided in item (2) of this subsection, to the General Fund of the State.

(h) Undeliverable checks credited to the Fund are not subject to Title 17 of the Commercial Law Article.

(i) Notwithstanding Title 4, Subtitle 3, Part III of the General Provisions Article, at the end of each fiscal year, the Treasurer may electronically publish on the Treasurer’s website the names of payees of checks that have remained unclaimed for 2 years or more.
Md. Code, Human Services § 7-302 — MD Code / Article ghu / Title 7 / Subtitle 3 / Section 7-302
§7–302.
Status: in_force

(a) There is a Maryland Commission on Caregiving in the Department.

(b) The purpose of the Commission is to coordinate statewide planning, development, and implementation of family caregiver support services.
Md. Code, Health - General § 7-409 — MD Code / Article ghg / Title 7 / Subtitle 4 / Section 7-409
§7–409.
Status: in_force

(a) The Administration shall provide to a recipient who receives self–directed services:

(1) Individual–directed and family–directed goods and services in an amount based on the recipient’s needs and included in the recipient’s person–centered plan of service as calculated:

(i) On an annual basis; and

(ii) Within the limits of the approved annual budget generated by the Department’s Long Term Services and Supports software system or its replacement system;

(2) Access to the recipient’s plan of service and budgets for the plan of service through the Department’s Long Term Services and Supports software system or its replacement system;

(3) Up to 30 hours of support broker services each month, as needed by the recipient and within the recipient’s total approved annual budget;

(4) An option for a family member or legal guardian of the recipient to provide services for the recipient, if:

(i) The recipient or an individual authorized to make care decisions on behalf of the recipient chooses the family member to provide the services; and

(ii) The recipient also hires a support broker;

(5) Reimbursement paid on a per–mile basis to the owner of a specialized, modified, or accessible vehicle driven by an employee of the recipient and for the purpose of the recipient engaging in activities specified in the recipient’s person–centered plan of service;

(6) A budget for self–directed services that provides the ability to use funds from the recipient’s approved annual budget for the purpose of funding at least one position to assist the recipient in managing the recipient’s home, staff, and other administrative duties and pay administrative expenses needed to operate the recipient’s plan of service, including Internet service and office equipment;

(7) An option for a recipient who has a demonstrated need for overnight supports provided through personal support services carried out using the recipient’s employer or budget authority to direct and choose the employee, vendor, or provider of the overnight supports;

(8) The choice of a vendor to provide fiscal management services from at least three options;

(9) The option to employ a representative, support broker, or team of individuals to support the recipient in directing services; and

(10) Training for a representative, support broker, or team of individuals on self–directed services.

(b) Subject to subsection (a)(3) of this section, the Administration shall provide to a recipient of self–directed services any support broker services that are:

(1) Authorized by regulations adopted or guidance issued by the Centers for Medicare and Medicaid Services in § 1915(c) of the Social Security Act; and

(2) Selected by the recipient.

(c) (1) Subject to paragraph (2) of this subsection, the Administration may not establish a limit on the number of hours of personal support services provided to a recipient who receives self–directed services that:

(i) Are necessary for the health and safety of the recipient; and

(ii) Are authorized by regulations adopted or guidance issued by the federal Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act.

(2) A recipient may not receive services or supports in excess of the recipient’s annual approved budget.

(d) The State may not require a recipient to demonstrate competency before the Administration authorizes the recipient to receive self–direct services.
Md. Code, Environment § 7-244 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-244
§7–244.
Status: in_force

(a) If a report related to low-level nuclear waste is filed by an applicant for or a holder of a low-level nuclear waste facility permit, the Department shall inform the applicant or permit holder, in writing, whether the information contained in the report is acceptable.

(b) From the reports filed with the Department that relate to low-level nuclear waste, the Department shall compile information and once each year publish low-level nuclear waste reports that:

(1) Index the type and quantity of low-level nuclear waste generated, stored, or disposed of in each political subdivision;

(2) Detail the activities at each low-level nuclear waste facility; and

(3) Analyze, in detail, the status and quantity of low-level nuclear waste in this State.
Md. Code, Public Safety § 7-303 — MD Code / Article gps / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

(a) (1) This section applies only to Allegany County, Caroline County, Carroll County, Dorchester County, Frederick County, Harford County, Kent County, Somerset County, Talbot County, Wicomico County, and Worcester County.

(2) Except as modified by this section, the provisions of § 7–302 of this subtitle apply to this section.

(b) (1) Except as provided in paragraph (2) of this subsection, the commanding officer may designate 12 members of a fire company to be appointed as deputy sheriffs.

(2) In Harford County, the commanding officer may designate 20 members of a fire company to be appointed as deputy sheriffs.

(c) (1) The sheriff of a county subject to this section may require a member of a fire company appointed as deputy sheriff to demonstrate a satisfactory level of training in those areas of law enforcement commensurate with the duties of deputy sheriff described in this section.

(2) If the sheriff requires demonstration of a satisfactory level of training, then the sheriff must provide the training, at a time and place that the sheriff considers suitable.

(d) (1) The powers of members of fire companies appointed as deputy sheriffs under this section are limited to those necessary to perform the duties of deputy sheriffs while functioning at:

(i) parades;

(ii) accidents;

(iii) floods;

(iv) other emergencies; or

(v) public events conducted by or under the auspices of a fire company or the sheriff’s department.

(2) The powers authorized under this subsection may be exercised:

(i) in a municipal corporation, subject to the discretion and control of the chief of the police force of the municipal corporation;

(ii) in other areas of the county; and

(iii) on State roads, subject to the discretion and control of the Department of State Police.

(3) A member appointed as deputy sheriff is deemed to be performing the duties of deputy sheriff when on duty and wearing a badge of authority.

(4) A member appointed as deputy sheriff may not use a weapon in the performance of duties authorized under this subsection.

(5) In Allegany County, Caroline County, Carroll County, Frederick County, Harford County, and Talbot County, a member appointed as deputy sheriff may also perform traffic control for public functions held by a municipal corporation, group, or committee on request for and approval of the services by the sheriff.

(e) (1) (i) A member appointed as deputy sheriff performing the duties of deputy sheriff in an emergency situation to which a fire company or ambulance company has been dispatched by the Allegany County Emergency Management Center in Allegany County, the Frederick County Central Alarm Board in Frederick County, or the Carroll County Emergency Operations Center in Carroll County, is subject to the authority of the commanding officer of that fire company or ambulance company.

(ii) If a member appointed as deputy sheriff is not a member in good standing of the fire company or ambulance company that has been dispatched, then the member may not perform the duties described in this section.

(2) A member appointed as deputy sheriff performing the duties of deputy sheriff at a public event conducted by or under the auspices of a fire company or ambulance company is subject to the authority of the commanding officer of that fire company or ambulance company.
Md. Code, Health Occupations § 7-304 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-304
§7–304.
Status: in_force

(a) An applicant who otherwise qualifies for a mortician or funeral director license is entitled to be examined as provided in this section if the applicant:

(1) Holds an apprentice license; or

(2) Has completed the apprenticeship requirements of this title.

(b) The Board shall give examinations to applicants twice each year, at the times and places that the Board determines.

(c) The Board shall notify each qualified applicant of the time and place of examination.

(d) (1) The written part of the examination shall include:

(i) The general and local laws of this State on the practice of mortuary science; and

(ii) The laws and regulations on infectious diseases.

(2) In the practical part of the examination:

(i) The Board shall provide a dead human body; and

(ii) Except as provided in paragraph (3) of this subsection, in the presence of at least one third of the licensed members of the Board, each applicant shall demonstrate the applicant’s knowledge and skill in the preparation of dead human remains for final disposition.

(3) For individuals applying for a license to practice funeral direction, a practical examination under paragraph (2) of this subsection may not include demonstrating competency in embalming.

(e) (1) An applicant shall pay to the Board an examination fee set by the Board.

(2) The payment of one examination fee entitles an applicant to take the examination twice.

(f) If an applicant fails the examination twice, the applicant may retake the examination if the applicant pays the appropriate fee.

(g) In addition to the written and practical examinations administered by the Board, an applicant must take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States.
Md. Code, Public Utilities § 7-505 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-505
§7–505.
Status: in_force

(a) (1) In assessing and approving each electric company’s restructuring plan, and overseeing the transition process and regulation of the restructured electric industry, the Commission shall provide that the transition to a competitive electricity supply and electricity supply services market shall be orderly, maintain electric system reliability, and ensure compliance with federal and State environmental regulations, be fair to customers, electric company investors, customers of municipal electric utilities, electric companies, and electricity suppliers, and provide economic benefits to all customer classes.

(2) The Commission shall consider the restructuring plans of municipal electric utilities, as specified under § 7–510 of this subtitle.

(b) (1) The Commission shall issue the orders or adopt the regulations required under this subsection before the implementation of customer choice.

(2) The Commission shall order a universal service program, to be made available on a statewide basis, to benefit low–income customers, in accordance with § 7–512.1 of this subtitle.

(3) The Commission shall order an electric company to adopt policies and practices reasonably designed to prevent:

(i) discrimination against a person, locality, or particular class of service or giving undue or unreasonable preference in favor of the electric company’s own electricity supply, other services, divisions, or affiliates, if any; and

(ii) any other forms of self–dealing or practices that could result in noncompetitive electricity prices to customers.

(4) (i) The Commission shall, by regulation or order, require each electric company and electricity supplier to provide adequate and accurate information to each customer on the available electric services of the electric company or electricity supplier, including disclosure, every 6 months, of a uniform common set of information about:

1. the fuel mix of the electricity purchased by customers, including categories of electricity from coal, natural gas, nuclear, oil, hydroelectric, solar, biomass, wind, and other resources, or disclosure of a regional fuel mix average; and

2. the emissions, on a pound per megawatt–hour basis, of pollutants identified by the Commission, or disclosure of a regional fuel mix average.

(ii) The Commission may require an electric company or an electricity supplier to provide documentation supporting the disclosures required under subparagraph (i) of this paragraph.

(5) (i) The Commission shall, by regulation or order, require the unbundling of electric company rates, charges, and services into standardized categories determined by the Commission.

(ii) The Commission shall, by regulation or order, require that customers’ bills for electricity service indicate charges for:

1. distribution and transmission;

2. transition charge or credit;

3. universal service program charges;

4. customer charges;

5. taxes; and

6. other charges identified by the Commission.

(6) The Commission shall issue orders or regulations to prevent an electric company and an electricity supplier from disclosing a retail electric customer’s billing, payment, and credit information without the retail electric customer’s consent, except as allowed by the Commission for bill collection or credit rating reporting purposes.

(7) An electricity supplier may not engage in marketing, advertising, or trade practices that are unfair, false, misleading, or deceptive.

(8) The Commission shall determine the terms, conditions, and rates of standard offer service in accordance with:

(i) Title 4 of this article; or

(ii) as applicable, § 7–510(c)(4) of this subtitle.

(9) In connection with § 7–513 of this subtitle, the Commission may not require an electric company to divest itself of a generation asset or prohibit an electric company from divesting itself voluntarily of a generation asset.

(10) (i) On or before July 1, 2000, the Commission shall issue orders or adopt regulations reasonably designed to ensure the creation of competitive electricity supply and electricity supply services markets, with appropriate customer safeguards.

(ii) On or before July 1, 2000, the Commission shall require:

1. an appropriate code of conduct between the electric company and an affiliate providing electricity supply and electricity supply services in the State;

2. access by electricity suppliers and customers to the electric company’s transmission and distribution system on a nondiscriminatory basis;

3. appropriate complaint and enforcement procedures; and

4. any other safeguards deemed necessary by the Commission to ensure the creation and maintenance of a competitive electricity supply and electricity supply services market.

(iii) On or before July 1, 2000, the Commission shall require, among other factors, functional, operational, structural, or legal separation between the electric company’s regulated businesses and its nonregulated businesses or nonregulated affiliates.

(11) Nothing in this title may be construed as preventing the application of State and federal consumer protection and antitrust laws to electric companies and their affiliates, and to electricity suppliers.

(12) The Commission, in consultation with the Department of the Environment, shall adopt appropriate measures to maintain environmental standards, adapt existing programs, and develop new programs as appropriate to ensure compliance with federal and State environmental protection standards.

(13) (i) An electric company shall comply with all requirements of the Commission in conducting regulated operations in compliance with this division.

(ii) The Commission shall require each electric company to adopt a code of conduct to be approved by the Commission by a date to be determined by the Commission to prevent regulated service customers from subsidizing the services of unregulated businesses or affiliates of the electric company.

(c) (1) Notwithstanding any other provision of law, including subsection (d) of this section, and subject to § 4–213 of this article, the Commission may regulate the regulated services of an electric company through alternative forms of regulation.

(2) The Commission may adopt an alternative form of regulation under this section if the Commission finds, after notice and hearing, that the alternative form of regulation:

(i) protects consumers;

(ii) ensures the quality, availability, and reliability of regulated electric services; and

(iii) is in the interest of the public, including shareholders of the electric company.

(3) Alternative forms of regulation may include:

(i) price regulation, including price freezes or caps;

(ii) revenue regulation;

(iii) ranges of authorized return;

(iv) rate of return;

(v) categories of services; or

(vi) price–indexing.

(d) (1) The Commission shall cap, for 4 years after initial implementation of customer choice in the electric company’s distribution territory, the total of the rates of an electric company charged to a retail electric customer at the actual level of the rates in effect or authorized by the Commission on the date immediately preceding the initial implementation of customer choice in the electric company’s distribution territory.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the cap required under paragraph (1) of this subsection does not apply to the recovery of costs added after January 1, 2000, in accordance with § 7–512(c) of this subtitle.

(ii) The cap required under paragraph (1) of this subsection applies to the recovery of:

1. any transition costs under § 7–513 of this subtitle;

2. any costs included in rates on January 1, 2000, in accordance with § 7–512(c) of this subtitle; and

3. costs for the universal service program established under § 7–512.1 of this subtitle.

(3) As part of a settlement, the Commission may approve a cap for a different time period or an alternative price protection plan that the Commission determines is equally protective of ratepayers.

(4) (i) 1. Subject to the provisions of paragraph (5) of this subsection, the Commission shall reduce residential rates for each investor–owned electric company by an amount between 3% and 7.5% of base rates, as measured on June 30, 1999.

2. The reduction required under subsubparagraph 1 of this subparagraph shall begin on the initial implementation date and remain in effect for 4 years.

3. The Commission shall determine the allocation of the rate reduction among the generation, transmission, and distribution residential rate components.

(ii) In achieving the rate reduction required under subparagraph (i) of this paragraph, the Commission shall consider:

1. the expiration of any surcharge;

2. changes in the electric company’s tax liability;

3. cost of service determinations ordered by the Commission;

4. net transition costs or benefits;

5. the effect on the competitive electricity supply market;

6. whether the rate reduction and rate cap will unduly impair the electric company’s financial condition;

7. the costs associated with the universal service program; and

8. the interests of the public, including shareholders of the electric company.

(iii) The Commission may, within the parameters provided in subparagraph (i) of this paragraph, increase or decrease the actual rate reduction required.

(iv) The Commission may allow the recovery of any extraordinary costs based on the circumstances of an individual electric company if the Commission determines that the action is necessary and in the public interest.

(v) In determining the rate reduction required under subparagraph (i) of this paragraph, the Commission may not increase rates for nonresidential customers.

(5) The requirements of paragraph (4) of this subsection do not apply to an electric company if the Commission approves or has in effect a settlement that the Commission determines is equally protective of ratepayers.
Md. Code, Environment § 7-257 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-257
§7–257.
Status: in_force

(a) In accordance with the Administrative Procedure Act and after notice and hearing, the Department may suspend or revoke any facility permit, hauler certificate, or vehicle certificate for violation of any federal or State law, rule, or regulation that relates to controlled hazardous substances.

(b) The Department may revoke any facility permit issued under this subtitle if the Department finds that:

(1) False or inaccurate information was contained in the application;

(2) Conditions or requirements of the facility permit have been or are about to be violated;

(3) Substantial deviation from plans, specifications, or requirements has occurred;

(4) The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the facility permit;

(5) A change in conditions exists that requires temporary or permanent reduction or elimination of any permitted discharge;

(6) Any State or federal water quality standard or effluent limitation has been or is threatened to be violated; or

(7) Any other good cause exists for revoking the permit.
Md. Code, Public Utilities § 7-541 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-541
§7–541.
Status: reserved

(a) (1) The electric bill of an electric company that has obtained a qualified rate order and issued rate stabilization bonds must:

(i) explicitly reflect that a portion of the charges on the bill represents qualified rate stabilization charges approved in a qualified rate order issued to the electric company; and

(ii) if the rate stabilization property has been transferred to an assignee, include a statement to the effect that:

1. the assignee is the owner of the rights to qualified rate stabilization charges; and

2. the electric company or any other entity, if applicable, is acting as a collection agent or servicer for the assignee.

(2) The tariff applicable to customers must indicate the qualified rate stabilization charge and the ownership of that charge.

(b) The failure of an electric company to comply with this section may not invalidate, impair, or affect any qualified rate order, rate stabilization property, qualified rate stabilization charge, or rate stabilization bonds.
Md. Code, Tax - Property § 7-233 — MD Code / Article gtp / Title 7 / Subtitle 2 / Section 7-233
§7–233.
Status: in_force

Property is not subject to property tax if the property:

(1) is owned by:

(i) the Boy Scouts of America;

(ii) the Girl Scouts of the United States of America; or

(iii) any council, unit, or troop of these organizations; and

(2) is actually used exclusively for the purposes of these organizations.
Md. Code, Commercial Law § 7-308 — MD Code / Article gcl / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) A carrier’s lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.

(b) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the carrier, subject to the terms of the bill of lading and this title.

(c) A carrier may buy at any public sale pursuant to this section.

(d) A purchaser in good faith of goods sold to enforce a carrier’s lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier’s noncompliance with this section.

(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods.

(f) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.

(g) A carrier’s lien may be enforced pursuant to either subsection (a) or the procedure set forth in § 7-210(b).

(h) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
Md. Code, Business Regulation § 7-202 — MD Code / Article gbr / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

(a) (1) The Board consists of the following 5 members:

(i) as an ex officio member, the Commissioner; and

(ii) 4 members appointed by the Governor with the advice and consent of the Senate.

(2) Of the 4 appointed members:

(i) 2 shall represent collection agencies; and

(ii) 2 shall be consumer members.

(b) (1) Each consumer member of the Board:

(i) shall be a member of the general public; and

(ii) shall be:

1. an officer or member of the board of a recognized consumer group in the State; or

2. an employee of a local consumer protection unit in the State.

(2) A consumer member of the Board may not:

(i) be a licensee or otherwise be subject to regulation by the Board; or

(ii) within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(c) While a member of the Board, a consumer member may not have a financial interest in or receive compensation from a person regulated by the Board.

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

(e) (1) The term of an appointed member is 4 years and begins on July 1.

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

(3) 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.

(f) (1) The Governor may remove an appointed member for incompetence or misconduct.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Tax - Property § 7-516 — MD Code / Article gtp / Title 7 / Subtitle 5 / Section 7-516
§7–516.
Status: in_force

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

(2) “Designated focus area” means:

(i) a transit–oriented development, defined as a development or project within one–half mile of a Washington Metropolitan Area Transit Authority transit station or one–half mile of a Maryland Area Regional Commuter transit station, as measured from the main entrance of the building to the nearest entrance of the transit station;

(ii) a revitalization tax credit district, as defined in § 10–235.02 of the Prince George’s County Code and designated by the governing body of Prince George’s County; or

(iii) an urban renewal area, as designated by the governing body of Prince George’s County.

(3) “Economic development project” means a real estate development project that consists of newly constructed or rehabilitated commercial property if the real estate development project:

(i) has a certificate of occupancy issued on or after October 1, 2012;

(ii) is located on one or more parcels of land, all of which are situated in a designated focus area; and

(iii) includes at least one of the following:

1. a hotel that:

A. provides at least 100 full–time equivalent job opportunities; and

B. has a private capital investment of equity and debt combined of at least $20,000,000;

2. an office building that:

A. provides at least 100 full–time equivalent job opportunities; and

B. has a private capital investment of equity and debt combined of at least $20,000,000;

3. a retail facility that:

A. provides at least 100 full–time equivalent job opportunities; and

B. has a private capital investment of equity and debt combined of at least $10,000,000;

4. an off–street parking facility that:

A. contains at least 250 parking spaces; and

B. has a private capital investment of equity and debt combined of at least $2,500,000; or

5. a mixed–use facility that contains one or more of the facilities described in items 1 through 4 of this item, at least one of which satisfies the minimum criteria set forth in item 1, 2, 3, or 4 of this item.

(b) The governing body of Prince George’s County, by resolution, may exempt or partially exempt an economic development project from the county real property tax if:

(1) the owner or owners of the economic development project demonstrate to the satisfaction of the County Executive and County Council of Prince George’s County:

(i) that the county or its designated agency has conducted an economic analysis of the project, including:

1. a detailed description of the project and the development budget, including the identification of all sources of debt and equity financing;

2. a multiyear cash flow pro forma of the project detailing all incoming and outgoing cash flow revenues, operating expenses, debt service, taxes, capital expenditures, and any other cash outlays;

3. the projected return on investment for the owner or owners;

4. a determination that the project is an economic development project that meets the requirements of this section; and

5. any other relevant analysis;

(ii) the public benefit that the project will provide, including:

1. the number of jobs expected to be created, directly or indirectly, as a result of the project and the percentage of those jobs expected to be held by Prince George’s County residents;

2. the wage rates and benefit packages for the jobs expected to be created;

3. other Prince George’s County tax revenues, exclusive of real property taxes, that the project is expected to generate during the term of the payment in lieu of taxes agreement, including income, admissions and amusement, personal property, hotel, parking, energy, and other taxes;

4. the encouragement of economic development;

5. the general promotion and improvement of Prince George’s County and its facilities;

6. the participation of local minority business enterprises and local business enterprises in the economic development project; and

7. any other relevant benefits;

(iii) the financial necessity for an exemption authorized under this section; and

(iv) that the private capital being invested in the economic development project includes an equity investment that is:

1. commensurate with the overall undertaking; and

2. A. for a hotel or an office building, an amount greater than or equal to 10% of the combined equity and debt investment; or

B. for an off–street parking facility, an amount greater than or equal to $250,000;

(2) the owner or owners of the economic development project and the governing body of Prince George’s County enter into a payment in lieu of taxes agreement or multiple payment in lieu of taxes agreements for different phases of the economic development project that specify:

(i) an amount that the owner or owners shall pay to the county each year in lieu of the payment of county real property taxes during the term of the agreement that is not less than the sum of:

1. the taxes on the property before the construction or rehabilitation of the project; and

2. 25% of the county real property taxes related to the economic development project that would have otherwise been due absent the agreement;

(ii) the term of the agreement, not to exceed 15 years from the date a certificate of occupancy is first issued for the project or the date a certificate of occupancy is first issued for any phase of the project that is covered by the agreement; and

(iii) that each year after the expiration of the agreement, full property taxes shall be payable on the property;

(3) prior to or no later than 18 months from the date of entering into the payment in lieu of taxes agreement, construction of the project or any phase of the project that is covered by the agreement has commenced and all conditions for the financing required for the construction of the project or phase of the project that is covered by the agreement have been satisfied or waived; and

(4) the authorizing resolution states that the project may not involve gambling activities.

(c) On or before January 1 of each year, the Prince George’s County Executive or the County Executive’s designated agency shall submit a report to the Prince George’s County Council and, in accordance with § 2–1257 of the State Government Article, to the Prince George’s County House and Senate Delegations of the General Assembly of Maryland that contains:

(1) a description of each project for which the county entered into a payment in lieu of taxes agreement under this section during the prior fiscal year, including a statement of:

(i) the basis on which each project met the requirements for the definition of an economic development project set forth in subsection (a) of this section; and

(ii) the analysis of the project described in subsection (b)(1) of this section; and

(2) for those projects that have a payment in lieu of taxes agreement and for which construction or rehabilitation has been completed:

(i) the number and types of jobs created during the preceding fiscal year and estimated to be created during the following fiscal year;

(ii) the total taxes that the project is estimated to have generated directly and indirectly for the county during the preceding fiscal year and estimated to be generated during the following fiscal year; and

(iii) any other economic benefits of the project.
Md. Code, Commercial Law § 7-303 — MD Code / Article gcl / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:

(1) The holder of a negotiable bill;

(2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions;

(3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or

(4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.

(b) Unless instructions described in subsection (a) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.
Md. Code, Education § 7-301.3 — MD Code / Article ged / Title 7 / Subtitle 3 / Section 7-301.3
§7–301.
Status: in_force

§7–301.3.

(a) The Department and each county board shall adopt an attendance policy for public school students that:

(1) Treats an absence due to a student’s behavioral health needs the same as an absence due to illness or another somatic health need; and

(2) If the policy requires a note from a health care provider to excuse an absence, authorizes an appropriate health care provider licensed or certified under the Health Occupations Article to provide a note to excuse the absence.

(b) If a student or the student’s parent or guardian notifies a public school that the student’s absence was due to a behavioral health need, the school shall provide information to the student or the student’s parent or guardian about school or community behavioral health resources that are available to the student.

(c) A county board may adopt policies and procedures to carry out the requirements of this section.
Md. Code, Health Occupations § 7-4A-08 — MD Code / Article gho / Title 7 / Subtitle 4A / Section 7-4A-08
§7–4A–08.
Status: in_force

(a) The Board shall act promptly on a claim made under this subtitle.

(b) On receipt of a claim, the Board shall:

(1) Forward a copy of the claim:

(i) To each licensee alleged to be responsible for the act or omission giving rise to the claim;

(ii) To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and

(iii) To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and

(2) Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.

(c) (1) The Board:

(i) Shall review the claim and any response to the claim; and

(ii) May conduct an investigation of the claim.

(2) On the basis of its review and any investigation that the Board conducts, the Board shall:

(i) Set the matter for a hearing; or

(ii) If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.

(d) At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.
Md. Code, State Finance and Procurement § 7-311 — MD Code / Article gsf / Title 7 / Subtitle 3 / Section 7-311
§7–311.
Status: reserved

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

(2) “Account” means the Revenue Stabilization Account.

(3) “Estimated General Fund revenues” means the estimated General Fund revenues for a fiscal year stated in the report of the Board of Revenue Estimates submitted to the Governor under § 6–106 of this article in December preceding the fiscal year.

(4) “Unappropriated General Fund surplus” does not include the amount of nonwithholding income tax revenues that exceed the capped estimate determined under § 6–104(e) of this article.

(b) (1) The Revenue Stabilization Account is established to retain State revenues for future needs and reduce the need for future tax increases by moderating revenue growth.

(2) It is the goal of the State that 10% of estimated General Fund revenues in each fiscal year be retained in the Account.

(c) The Account is a continuing, nonlapsing fund which is not subject to § 7–302 of this subtitle.

(d) The Account consists of:

(1) money appropriated in the State budget to the Account;

(2) money distributed to the Account by the State Comptroller as provided in § 7–329 of this subtitle; and

(3) interest or other income earned from the investment of any portion of this Account or any other account in the State Reserve Fund.

(e) (1) Except as provided in subsection (f) of this section, for each fiscal year, except fiscal year 2026:

(i) if the Account balance is below 3% of the estimated General Fund revenues for that fiscal year, the Governor shall include in the budget bill an appropriation to the Account equal to at least $100,000,000; and

(ii) if the Account balance is at least 3% but less than 7.5% of the estimated General Fund revenues for that fiscal year, the Governor shall include in the budget bill an appropriation to the Account equal to at least the lesser of $50,000,000 or whatever amount is required for the Account balance to exceed 7.5% of the estimated General Fund revenues for that fiscal year.

(2) At the end of fiscal year 2020 and each fiscal year thereafter, if the amount of nonwithholding income tax revenues exceeds the capped estimate determined under § 6–104(e) of this article, the State Comptroller shall distribute funds as provided in § 7–329(c) and (d) of this subtitle.

(f) (1) The appropriations required by subsection (e)(1) of this section are not required when the Account balance exceeds 7.5% of the estimated General Fund revenues.

(2) The distributions required by subsection (e)(2) of this section are not required when the Account balance exceeds 10% of the estimated General Fund revenues for that fiscal year.

(g) (1) Unless the transfer would result in an Account balance below 5% of the estimated General Fund revenues for the fiscal year in which the transfer is made, if authorized by an act of the General Assembly or specifically authorized in the State budget bill as enacted, the Governor may transfer funds from the Account to General Fund revenues as necessary to support the operation of State government on a temporary basis.

(2) If the transfer would result in an Account balance below 5% of the estimated General Fund revenues for the fiscal year in which the transfer is made, the Governor may transfer funds from the Account to General Fund revenues only if the transfer is authorized by an act of the General Assembly other than the State budget bill.

(h) If the budget bill as submitted to the General Assembly includes a transfer of funds from the Account pursuant to subsection (g) of this section, the budget bill as enacted by the General Assembly may provide for a reduction of the amount of the transfer from the Account by an amount up to the amount of the reductions made by the General Assembly in the General Fund appropriations.

(i) Funds of the Account may only be transferred from the Account as provided in this section and are not subject to transfer by budget amendment.

(j) (1) Except as provided in paragraph (2) of this subsection, for fiscal years 2007 through 2023, the Governor shall include in the budget bill an appropriation:

(i) for fiscal year 2017, to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $50,000,000, that is equal to one–half of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000;

(ii) for fiscal year 2020:

1. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $50,000,000, that is equal to one–half of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

2. to the Account equal to the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000, less the amount of the appropriation under item 1 of this item;

(iii) for fiscal year 2021, to the Account in the amount of $291,439,149;

(iv) except as provided in item (v) of this paragraph, for fiscal year 2022 and each fiscal year thereafter:

1. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $25,000,000, that is equal to one–quarter of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000;

2. to the Postretirement Health Benefits Trust Fund established under § 34–101 of the State Personnel and Pensions Article an amount, up to a maximum of $25,000,000, that is equal to one–quarter of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

3. to the Account equal to the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000, less the amount of the appropriations under items 1 and 2 of this item; and

(v) for fiscal year 2024:

1. to the Maryland Equity Investment Fund established under § 10–487 of the Economic Development Article an amount, up to $10,000,000, that is equal to 10% of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000;

2. to the accumulation funds of the State Retirement and Pension System an amount, up to a maximum of $15,000,000, that is equal to 15% of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000; and

3. to the Postretirement Health Benefits Trust Fund established under § 34–101 of the State Personnel and Pensions Article an amount, up to a maximum of $25,000,000, that is equal to 25% of the amount by which the unappropriated General Fund surplus as of June 30 of the second preceding fiscal year exceeds $10,000,000.

(2) The appropriation required under this subsection for any fiscal year may be reduced by the amount of any appropriation to the Account required to be included for that fiscal year under subsection (e) of this section.
Md. Code, Real Property § 7-105.3 — MD Code / Article grp / Title 7 / Subtitle 1 / Section 7-105.3
§7–105.
Status: in_force

§7–105.3.

(a) In addition to any other foreclosure requirements under the law, after the commencement of an action to foreclose a lien on real property and before making a sale of the property subject to the lien, the person authorized to make the sale shall notify the county or municipal corporation where the property subject to the lien is located, not less than 15 days prior to sale, of:

(1) The name, address, and telephone number of the person authorized to make the sale; and

(2) The time, place, and terms of sale.

(b) A county or municipal corporation that receives the notice described under subsection (a) of this section shall notify the person authorized to make the sale of any outstanding liens, charges, taxes, or assessments that the county or municipal corporation has against the property not more than 10 days after receiving the notice of sale.
Md. Code, Education § 7-415 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-415
§7–415.
Status: in_force

(a) (1) There is a School Health Program.

(2) The general purpose of the Program is to implement a program in two areas of this State in which portions of the population currently are underserved.

(3) The Program is designed to:

(i) Improve the health of school age children in this State; and

(ii) Provide reports on the performance of the Program.

(4) Each of the two areas of this State shall be served by separate and equal component parts. One part of the Program will be operated in Baltimore City and the other in Caroline County.

(b) (1) The specific purposes and objectives of the Program operated in Baltimore City are:

(i) To encourage and promote appropriate and cost effective use of health care services;

(ii) To reduce unnecessary use of hospital emergency room services;

(iii) To demonstrate the efficacy of involving parents, students, and community organizations in school health programs, particularly with regard to recruiting and retaining students in school health programs; and

(iv) To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care.

(2) The specific purposes and objectives of the Program operated in Caroline County are:

(i) To concentrate on the early identification, health counseling, and referral for mental health problems to prevent suicides;

(ii) To assess whether school health programs could be used as a basis for advising other family members of the student of other sources of primary care; and

(iii) To provide the following health and referral services for students:

1. First aid;

2. Physical exams and sports physicals;

3. Care for minor and chronic illnesses;

4. Immunizations;

5. Preventive health education services;

6. Referrals for counseling at the County Health Department; and

7. Social services referrals.

(c) (1) Funds for this Program shall be used to acquire:

(i) For the Baltimore City Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider; and

(ii) For the Caroline County Program, the services of one full–time nurse practitioner, physician assistant, or other appropriate health care provider.

(2) The local subdivisions shall be reimbursed for the purchase of necessary supplies for the Program.

(3) The Maryland Department of Health or the Baltimore City Health Department shall designate a part–time health research design analyst:

(i) To work with the local subdivisions to collect and analyze data during the Program period; and

(ii) Subject to § 2–1257 of the State Government Article, to prepare the reports to the General Assembly and the Secretary of Health on July 1, 1992, July 1, 1997, and July 1, 2001, on the status and success of the Program.

(d) The Program staff shall develop or appropriately adapt an existing parental consent form for the provision of health services.
Md. Code, Business Occupations and Professions § 7-308 — MD Code / Article gbo / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first September 30 that comes:

(1) after the effective date of the license; and

(2) in an even–numbered year.

(b) (1) At least 30 days before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) (1) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(i) otherwise is entitled to be licensed;

(ii) except as provided in subsection (d) of this section, pays to the Board a renewal fee of $100; and

(iii) submits to the Board a renewal application on the form that the Board provides.

(2) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the Board may not renew a license unless the licensee meets the continuing education requirements of this section.

2. The continuing education requirement does not apply to:

A. the first renewal of a license by a licensee; or

B. a licensee who has inactive status or who has applied for inactive status.

(ii) To qualify for renewal of a license, for each 2–year license term of a license, a licensee shall complete successfully at least 8 hours of instruction provided through programs that the Board approves.

(d) A licensee serving on active duty in the uniformed services is exempt from the renewal fee required by this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.

(f) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

(g) (1) A licensee may apply to the Board for inactive status.

(2) The Board shall grant inactive status to a licensee if the licensee:

(i) otherwise is entitled to be licensed; and

(ii) pays to the Board an inactive license fee of $25.

(3) An individual may return to active status if the individual meets the requirements for renewal of a license under this section.
Md. Code, Estates and Trusts § 7-301 — MD Code / Article get / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

A personal representative shall file written accounts of the personal representative’s management and distribution of property at the times and in the manner prescribed in this subtitle, with a certification that the personal representative has mailed or delivered a notice of the filing to all interested persons.
Md. Code, Education § 7-424.1 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-424.1
§7–424.
Status: in_force

§7–424.1.

(a) In this section, “bullying, harassment, or intimidation” has the meaning stated in § 7–424 of this subtitle.

(b) (1) By March 31, 2009, the State Board, after consultation with and input from local school systems, shall develop a model policy prohibiting bullying, harassment, or intimidation in schools.

(2) The model policy developed under paragraph (1) of this subsection shall include:

(i) A statement prohibiting bullying, harassment, and intimidation in schools;

(ii) A statement prohibiting reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation;

(iii) A definition of bullying, harassment, or intimidation that is either the same as set forth in subsection (a) of this section or a definition that is not less inclusive than that definition;

(iv) Standard consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation;

(v) Standard consequences and remedial actions for persons found to have made false accusations;

(vi) Model procedures for reporting acts of bullying, harassment, and intimidation;

(vii) Model procedures for providing notice of an act of bullying, harassment, or intimidation to:

1. A parent or guardian of the alleged victim, within 3 business days after the date the act is reported; and

2. A parent or guardian of the alleged perpetrator, within 5 business days after the date the act is reported;

(viii) Model procedures for the prompt investigation of acts of bullying, harassment, and intimidation;

(ix) Information about the types of support services available to the student bully, victim, and any bystanders;

(x) Information regarding the availability and use of the bullying, harassment, or intimidation form under § 7–424 of this subtitle; and

(xi) Information regarding the availability and use of an anonymous two–way electronic tip program established under § 7–424 of this subtitle.

(3) By September 1, 2016, and every 5 years thereafter, the State Board, after consultation with local school systems, shall update the model policy required under paragraph (1) of this subsection.

(c) (1) Each county board shall establish a policy prohibiting bullying, harassment, or intimidation at school based on the model policy.

(2) The policy shall address the components of the model policy specified in subsection (b)(2) of this section.

(3) A county board shall develop the policy in consultation with representatives of the following groups:

(i) Parents or guardians of students;

(ii) School employees and administrators;

(iii) School volunteers;

(iv) Students; and

(v) Members of the community.

(4) By January 1, 2017, and every 5 years thereafter, each county board shall update its policy based on the State Board’s update of the model policy under subsection (b)(3) of this section.

(d) Each county board shall publicize its policy in student handbooks, school system websites, and any other location or venue the county board determines is necessary or appropriate.

(e) Each county board policy shall include information on the procedure for reporting incidents of bullying, harassment, or intimidation, including:

(1) A chain of command in the reporting process; and

(2) The name and contact information for an employee of the Department, designated by the Department, who is familiar with the reporting and investigation procedures in the applicable school system.

(f) (1) By July 1, 2009, each county board shall submit its policy to the State Superintendent.

(2) By January 1, 2017, and every 5 years thereafter, each county board shall submit its updated policy to the State Superintendent.

(g) Each county board shall develop the following educational programs in its efforts to prevent bullying, harassment, and intimidation in schools:

(1) An educational bullying, harassment, and intimidation prevention program for students, staff, volunteers, and parents; and

(2) A teacher and administrator development program that trains teachers and administrators to implement the policy.

(h) (1) A school employee who reports an act of bullying, harassment, or intimidation under this section in accordance with the county board’s policy established under subsection (c) of this section is not civilly liable for any act or omission in reporting or failing to report an act of bullying, harassment, or intimidation under this section.

(2) The provisions of this section may not be construed to limit the legal rights of a victim of bullying, harassment, or intimidation.
Md. Code, Labor and Employment § 7-305 — MD Code / Article gle / Title 7 / Subtitle 3 / Section 7-305
§7–305.
Status: in_force

While a license is in effect, it authorizes the licensee to perform farm labor contracting services for consideration.
Md. Code, Education § 7-504 — MD Code / Article ged / Title 7 / Subtitle 5 / Section 7-504
§7–504.
Status: in_force

(a) (1) The Department shall adopt regulations that set eligibility guidelines for State funding of Youth Suicide Prevention School Programs under this subtitle.

(2) The regulations shall:

(i) Establish procedures for developing local programs, in cooperation with local education agencies, youth service bureaus, and community mental health centers; and

(ii) Establish standards and policies for programs to offer:

1. Individual, family, and group counseling related to youth suicide prevention;

2. Referral, crisis intervention, and information for students, parents, and school personnel; and

3. Training for school personnel, and others responsible for counseling or supervising student activities.

(b) A Youth Suicide Prevention School Program established under this subtitle shall plan, fund, and implement educational programs, which may include any of the following:

(1) Classroom instruction designed to achieve any of the following objectives:

(i) Encourage sound decision making and promote ethical development;

(ii) Increase pupils’ awareness of the relationship between drug and alcohol use, gambling, and youth suicide;

(iii) Teach pupils to recognize signs of suicidal tendencies, and other facts about youth suicide;

(iv) Inform pupils of available community youth suicide prevention services;

(v) Enhance school climate and relationships between teachers, counselors, and pupils; and

(vi) Further cooperative efforts of school personnel and community youth suicide prevention program personnel;

(2) School or community based alternative programs outside of the classroom, including:

(i) Positive peer group programs;

(ii) A 24–hour “hotline” telephone service, staffed by trained professional counselors;

(iii) Programs to collect data on youth suicide attempts;

(iv) Intervention and follow–up;

(v) Mental health programs to promote mental health awareness and encourage pupils to seek help as soon as it is needed; and

(vi) Parent education and training programs; and

(3) Teacher training programs.

(c) Any program established under this subtitle shall:

(1) Assist in increasing the awareness, among school personnel and community leaders, of the incidence of teenage suicide;

(2) Train school personnel in individual and schoolwide strategies for teenage suicide prevention;

(3) Develop and implement school–based teenage suicide prevention programs and pilot projects;

(4) Develop and implement school–based pilot mental health programs and peer–to–peer support to address the needs of students suffering from mental illness; and

(5) Through cooperative efforts, utilize community resources in the development and implementation of teenage suicide prevention programs under this subtitle.

(d) The Department may assist local school systems in implementing pilot peer–to–peer mental health awareness programs.
Md. Code, Public Utilities § 7-510.1 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-510.1
§7–510.
Status: in_force

§7–510.1.

(a) The Commission shall educate customers about customer choice in accordance with this section.

(b) (1) The Commission shall:

(i) host and regularly update a user–friendly customer choice education section on its website that complies with standards issued under § 508 of the federal Rehabilitation Act of 1973; and

(ii) prominently display a link to that section of the Commission’s website on the home page of the Commission’s website.

(2) The customer choice education section of the Commission’s website shall include:

(i) a clear and simple description of:

1. customer choice;

2. how customers can shop for an electricity supplier;

3. what kinds of competitive electricity supply options customers have, including:

A. renewable energy supply;

B. fixed and variable pricing; and

C. other common contract terms;

4. the current price of standard offer service in the service territory of each electric company; and

5. the continuing role of the electric company in delivering electricity to a customer that chooses an electricity supplier;

(ii) fact sheets that:

1. answer common questions about customer choice;

2. advise customers about the questions customers should ask when choosing an electricity supplier;

3. list the kinds of disclosures that electricity suppliers must make to customers;

4. describe common issues about contracts for electricity supply and available options; and

5. describe consumer rights and protections that are available and the means of making use of them;

(iii) a list of all electricity suppliers that have open offers to supply electricity in a customer’s service area, searchable by service territory or jurisdiction;

(iv) a statement indicating that customers who have entered into a contract with a competitive electricity supplier for electricity supply should be aware of the ending date of the contract so that they may determine, before being placed into a renewal contract with the current electricity supplier, whether they would like to:

1. shop for an alternative electricity supplier;

2. renew with the current electricity supplier; or

3. return to the standard offer service which may be offered at a price that is less than the renewal price offered by the current electricity supplier; and

(v) a link to the customer choice shopping websites established under § 7–510.2 of this subtitle and § 7–604.1 of this title.

(3) To the extent practicable, the list of electricity suppliers required under paragraph (2)(iii) of this subsection shall include:

(i) the terms of any open offers to supply electricity, including:

1. the duration of the contract;

2. the cost of electricity per kilowatt–hour; and

3. any cancellation fees; and

(ii) a link to the website of each electricity supplier with an open offer to supply electricity.

(c) (1) To ensure the currency and accuracy of information required under subsection (b)(2)(iii) of this section, the Commission shall maintain a secure portal on its website to receive information about offers to supply electricity from electricity suppliers.

(2) Each electricity supplier that is actively seeking residential customers in a service territory in the State shall maintain at least one open offer to supply electricity to residential customers on the Commission’s website at all times.

(3) At least once each month, each electricity supplier with an open offer to supply electricity shall submit detailed information about the offer to the Commission through a secure portal maintained by the Commission on the Commission’s website for this purpose.

(d) The Commission shall work with media outlets in the State to develop and air public service announcements publicizing customer choice and directing customers to the Commission’s website for additional information.

(e) The Commission shall recover the cost of complying with this section in accordance with § 2–110 of this article.
Md. Code, State Finance and Procurement § 7-329 — MD Code / Article gsf / Title 7 / Subtitle 3 / Section 7-329
§7–329.
Status: in_force

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

(2) “Fund” means the Fiscal Responsibility Fund established under § 7–330 of this subtitle.

(3) (i) “Nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article.

(ii) “Nonwithholding income tax revenues” does not include:

1. the county share of income tax quarterly estimated and final payments with returns made by individuals;

2. income tax payments made by corporations;

3. income tax refunds paid to individuals or corporations; or

4. income tax withholding.

(b) At the end of fiscal year 2020, and each fiscal year thereafter, if General Fund revenues for the fiscal year are less than the March estimate of the Board of Revenue Estimates, the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article shall be applied to close the gap in revenues for that fiscal year.

(b–1) At the end of fiscal year 2022 only, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount necessary to close the gap in revenues under subsection (b) of this section, the State Comptroller shall distribute the remainder to the Fund for the purpose of providing, beginning July 1, 2022, a cost–of–living adjustment of up to 4.5% for permanent employees in the Executive Branch of State government who are in a bargaining unit that is represented by the American Federation of State, County and Municipal Employees, AFL–CIO, excluding a bargaining unit represented by the American Federation of State, County and Municipal Employees, AFL–CIO Local 1859.

(c) Except as provided in subsection (b–1) of this section, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount necessary to close the gap in revenues under subsection (b) of this section, and if the balance of the Revenue Stabilization Account under § 7–311 of this subtitle is less than 6% of the estimated General Fund revenues for that fiscal year, the State Comptroller shall distribute to the Revenue Stabilization Account the lesser of:

(1) the remaining balance of nonwithholding income tax revenues in excess of the capped estimate determined under § 6–104(e) of this article; or

(2) the amount required for the Revenue Stabilization Account balance to equal 6% of the estimated General Fund revenues for that fiscal year.

(d) Except as provided in subsection (b–1) of this section, if the amount of nonwithholding income tax revenues that exceeds the capped estimate determined under § 6–104(e) of this article exceeds the amount the State Comptroller is required to distribute to the Revenue Stabilization Account under subsection (c) of this section, the State Comptroller shall distribute:

(1) subject to subsection (e) of this section, 50% of the remaining amount to the Revenue Stabilization Account; and

(2) the remainder to the Fund.

(e) The distribution to the Revenue Stabilization Account under subsection (d)(1) of this section does not apply if the amount in the Revenue Stabilization Account exceeds 10% of General Fund revenues.
Md. Code, Public Utilities § 7-316 — MD Code / Article gpu / Title 7 / Subtitle 3 / Section 7-316
§7–316.
Status: in_force

(a) In this section, “marketing” does not include materials to educate or inform a retail customer about standard offer service, default gas commodity service, or customer choice.

(b) Except as provided in subsection (d) of this section, an electric company or a gas company may not recover through its rates any costs associated with marketing its services.

(c) An electric cooperative may recover through its rates any costs associated with marketing its services, including the costs associated with materials that educate or inform a retail customer about standard offer service or customer choice.

(d) The Commission may, by regulation, adopt criteria for reviewing marketing and other communication materials of an electric company or a gas company to determine whether the cost of the materials may be recovered through the company’s rates.
Md. Code, Health - General § 7-303 — MD Code / Article ghg / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

(a) Through the Developmental Disabilities Administration, the Secretary shall establish and carry out a State plan to provide the following training and habilitation services:

(1) For individuals with developmental disability:

(i) Day habilitation services;

(ii) Family support services;

(iii) Individual support services;

(iv) Prevention and early detection of disabilities;

(v) Residential services in community-based settings;

(vi) Services coordination;

(vii) Services in State residential centers;

(viii) Services to insure protection of the individual rights and liberties of individuals with developmental disability;

(ix) Vocational services;

(x) Community supported living arrangements services; and

(xi) Any other services that may be necessary to permit delivery of the services under this subsection.

(2) For individuals without developmental disability, but who meet the eligibility requirements of § 7-403 of this title, individual support services.

(b) The Secretary periodically shall revise the State plan, but not less than every 2 years, to reflect changes in need, current available services, priorities, and any other changes that may affect the need for or scope of care and services.
Md. Code, Education § 7-116 — MD Code / Article ged / Title 7 / Subtitle 1 / Section 7-116
§7–116.
Status: in_force

(a) The purpose of this section is to:

(1) Acknowledge 36 U.S.C. § 106, which designates September 17 of each year as “Constitution Day and Citizenship Day” to commemorate the signing of the United States Constitution on September 17, 1787; and

(2) Celebrate “Constitution Day and Citizenship Day” in the public schools and help instill in students knowledge of the history, importance, and enduring meaning of the United States Constitution and of the Maryland Constitution on the citizens of the State.

(b) (1) In accordance with Pub. L. 108–447 § 111(b), each county board may establish a program of education to be held on “Constitution Day and Citizenship Day” each year to teach students about:

(i) The United States Constitution; and

(ii) The Maryland Constitution.

(2) The program of education may include:

(i) Special assemblies, discussions, presentations, and events commemorating the United States Constitution and the Maryland Constitution;

(ii) The opportunity for eligible students to register to vote; and

(iii) Efforts to reinforce existing curricula.
Md. Code, Criminal Procedure § 7-108 — MD Code / Article gcp / Title 7 / Subtitle 1 / Section 7-108
§7–108.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.

(b) (1) If a person seeks to reopen a postconviction proceeding under § 7–104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.

(2) If an appeal has been taken from the judgment of conviction to the Appellate Court of Maryland, until the judgment of conviction becomes final in the Appellate Court of Maryland, the court need not:

(i) appoint counsel;

(ii) hold a hearing; or

(iii) act on the petition.
Md. Code, Human Services § 7-123 — MD Code / Article ghu / Title 7 / Subtitle 1 / Section 7-123
§7–123.
Status: in_force

Members of the Commission shall:

(1) advise the Department in carrying out its duties;

(2) meet at least twice a year in meetings open to the public; and

(3) serve on one or more subcommittees established by the Secretary to provide guidance to the Department on matters affecting individuals with disabilities, including public policy, outreach, and personal assistance services.
Md. Code, Education § 7-402 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

(a) The Department in consultation with the Maryland Department of Health shall adopt regulations requiring a physical examination for children entering the Maryland Public School System for the first time.

(b) The regulations shall require each child entering the Maryland Public School System for the first time to have a physical examination completed within:

(1) The 9–month period before entering the public school system; or

(2) The 6–month period after entering the public school system.

(c) The physical examination required under subsection (b) of this section shall be completed by:

(1) A licensed physician;

(2) A licensed physician assistant who has an active collaboration agreement; or

(3) A certified nurse practitioner.

(d) (1) For each school year each public school shall report to the county board or county health department the number of children entering the public school system for the first time who have not had a physical examination because of:

(i) The lack of access to health care;

(ii) Insufficient financial resources; or

(iii) Any other reason, including a religious reason, as the public school deems appropriate.

(2) The county board or county health department shall report the information obtained under paragraph (1) of this subsection to the Maryland Department of Health.
Md. Code, General Provisions § 7-102 — MD Code / Article ggp / Title 7 / Subtitle 1 / Section 7-102
§7–102.
Status: in_force

(a) (1) The obverse of the Great Seal of Maryland depicts:

(i) an equestrian figure of the Lord Proprietary arrayed in complete armor and holding a drawn sword;

(ii) a horse wearing caparisons adorned with the family coat of arms for Lord Baltimore; and

(iii) on the ground below the equestrian figure, a sparse growth of grass on sandy soil and a few small blue and yellow flowers.

(2) The circle surrounding the obverse of the Great Seal of Maryland contains the Latin inscription “Caecilius Absolutus Dominus Terrae Mariae et Avaloniae Baro de Baltemore”, which means “Cecil Absolute Lord of Maryland and Avalon Baron of Baltimore”, referring to Lord Baltimore’s first settlement in the new world, on the Avalon Peninsula of Newfoundland.

(b) (1) The reverse of the Great Seal of Maryland depicts:

(i) the family coat of arms for Lord Baltimore, as described in paragraph (2) of this subsection;

(ii) an Earl’s coronet placed above the shield indicating George Calvert’s status as an earl or a count palatine in Maryland, though only a baron in England;

(iii) above the Earl’s coronet, a helmet set full–faced;

(iv) above the helmet, the Calvert crest, which consists of two pennons, or pennants, supported by gules (red) staffs, issuing from the ducal coronet:

1. the dexter (right) pennon, of or (gold); and

2. the other pennon, of sable (black);

(v) a plowman wearing a high–crowned, broad–brimmed beaver hat and holding one side of the shield with his left hand and a spade in his right hand;

(vi) a fisherman wearing a knitted cap somewhat resembling a stocking cap and holding one side of the shield with his right hand and in his left hand a fish that is not specific to any species; and

(vii) at the feet of the plowman and fisherman, a ribbon containing, in Italian, the Calvert family motto, “Fatti maschii parole femine”, which generally means “Strong deeds, gentle words”.

(2) (i) The family coat of arms for Lord Baltimore is divided into quarters.

(ii) The first and fourth quarters:

1. appear in the top–left and bottom–right quarters;

2. represent the coat of arms of the Calvert family; and

3. are a paly of six pieces, or (gold) and sable (black), and a bend dexter (right diagonal band) counterchanged, so that they consist of six alternating gold and black vertical bars with a diagonal band on which the colors are reversed.

(iii) The second and third quarters:

1. appear in the top–right and bottom–left quarters;

2. show the coat of arms of the Crossland family, which Cecil Calvert inherited from his grandmother, Alicia, wife of Leonard Calvert, the father of George Calvert, the first Lord Baltimore; and

3. are quartered argent (silver) and gules (red), a cross bottony counterchanged, so that they consist of a quartered field of silver and red, charged with a cross bottony that has arms terminating in a button or a three–leaf clover and opposite coloring.

(3) Behind and surrounding the depiction described in paragraph (1) of this subsection are:

(i) an ermine–lined mantle;

(ii) a circle around the seal containing the words “Scuto bonae voluntatis tuae coronasti nos”, meaning “With favor wilt thou compass us as with a shield” (Psalm 5:12); and

(iii) the date 1632, the year the Maryland charter was granted.
Md. Code, Estates and Trusts § 7-403 — MD Code / Article get / Title 7 / Subtitle 4 / Section 7-403
§7–403.
Status: in_force

(a) If the exercise of power concerning the estate is improper, the personal representative is liable for breach of the fiduciary duty of the personal representative to interested persons for resulting damage or loss to the same extent as a trustee of an express trust.

(b) The exercise of power of a personal representative in violation of a court order, or contrary to the provisions of the will may be a breach of duty.

(c) The rights of purchasers and others dealing with a personal representative are determined as provided in § 7–404 of this subtitle and are not necessarily affected by the fact that the personal representative breached the fiduciary duty of the personal representative in the transaction.
Md. Code, Tax - Property § 7-203 — MD Code / Article gtp / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

Property is not subject to property tax if the property:

(1) is owned by the Chesapeake Bay Foundation, Inc.; and

(2) is used solely for:

(i) the environmental education of the public; or

(ii) the maintenance of:

1. a natural area for public use; or

2. a sanctuary for wildlife.
Md. Code, Environment § 7-203 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

The purpose of this subtitle is to provide additional and cumulative remedies to prevent, abate, and control pollution of the waters of this State, as “waters of this State” is defined in Title 9, Subtitle 1 of this article.
Md. Code, General Provisions § 7-316 — MD Code / Article ggp / Title 7 / Subtitle 3 / Section 7-316
§7–316.
Status: in_force

Square dancing is the State folk dance.
Md. Code, Education § 7-429 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-429
§7–429.
Status: in_force

(a) This section applies only in Howard County.

(b) The county board shall cause to be conducted a test and inspection of the water for bacteria in each public school in the county that is served by well water.

(c) On receipt of the results of each test and inspection, the county board shall post the information on its public website.
Md. Code, Education § 7-1A-06 — MD Code / Article ged / Title 7 / Subtitle 1A / Section 7-1A-06
§7–1A–06.
Status: in_force

(a) (1) Beginning in the 2022–2023 school year, Tier I children who are 3 or 4 years old may be enrolled in a full–day prekindergarten program under this subtitle.

(2) (i) For the 2023–2024 through 2025–2026 school years, children who are 3 or 4 years old may enroll in a full–day prekindergarten program under this subtitle if the children are:

1. Children whose family income is more than 300% but not more than 600% of the federal poverty level; and

2. A. Children with disabilities; or

B. Children from homes in which English is not the primary spoken language.

(ii) For the 2023–2024 through 2025–2026 school years only, children described under subparagraph (i) of this paragraph shall be counted as Tier I children for purposes of funding allocated under § 5–229 of this article.

(b) (1) The proportion of enrolled Tier I children who are 3 years old shall increase annually until all Tier I children who are 3 years old are enrolled in a full–day prekindergarten program.

(2) The proportion of enrolled Tier I children who are 4 years old shall increase annually so that all Tier I children who are 4 years old shall be enrolled in a full–day prekindergarten program.

(c) Beginning in the 2025–2026 school year, Tier II children not described under subsection (a)(2)(i) of this section may be enrolled in a full–day prekindergarten program if space is available to encourage socioeconomic diversity in prekindergarten classrooms.

(d) Priority in expanding prekindergarten slots shall be provided to 3– and 4–year olds who are:

(1) Tier I children;

(2) Children with disabilities, regardless of income; or

(3) Children from homes in which English is not the primary spoken language.

(e) The ability of a family to choose the prekindergarten provider in which to enroll their child does not supersede local authority to set school attendance boundaries.
Md. Code, Public Safety § 7-401 — MD Code / Article gps / Title 7 / Subtitle 4 / Section 7-401
§7–401.
Status: in_force

(a) This section does not apply to nonemergency transportation or ambulance billing services performed by an ambulance service or by any other provider.

(b) A county or municipal corporation that bargains collectively with fire, emergency medical services, paramedic, and rescue personnel may not contract with a for-profit entity to provide the county’s or municipal corporation’s complete fire suppression or ambulance and rescue services without the enactment of an ordinance or other local law that authorizes the action.

(c) The requirement that a county or municipal corporation enact an ordinance or other local law under subsection (b) of this section may not be satisfied through the enactment of a local budget bill.
Md. Code, Education § 7-1706 — MD Code / Article ged / Title 7 / Subtitle 17 / Section 7-1706
§7–1706.
Status: in_force

The Department shall adopt regulations to carry out the provisions of this subtitle.
Md. Code, Tax - Property § 7-509 — MD Code / Article gtp / Title 7 / Subtitle 5 / Section 7-509
§7–509.
Status: in_force

(a) In this section, “warehouser” means a person engaged only in the business of warehousing merchandise as a distribution center and that the person does not have any retail or wholesale sales persons.

(b) The governing body of Washington County may exempt the stock in business of a warehouser from the Washington County property tax.
Md. Code, Commercial Law § 7-203 — MD Code / Article gcl / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:

(1) The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by “contents, condition, and quality unknown”, “said to contain”, or words of similar import, if the indication is true; or

(2) The party or purchaser otherwise has notice of the nonreceipt or misdescription.
Md. Code, Land Use § 7-508 — MD Code / Article glu / Title 7 / Subtitle 5 / Section 7-508
§7–508.
Status: in_force

Under this subtitle, the density of a qualified project may not exceed the density otherwise authorized in a district or zone located on:

(1) agricultural land, as defined in § 9–206 of the Tax – Property Article; or

(2) conservation property, as defined in § 8–209.1 of the Tax – Property Article.
Md. Code, Health - General § 7-910 — MD Code / Article ghg / Title 7 / Subtitle 9 / Section 7-910
§7–910.
Status: in_force

(a) The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.

(b) (1) The Department may impose sanctions, including a civil money penalty, for failure by a licensee to substantially comply with applicable State laws, regulations, or rules.

(2) The Department shall adopt rules and regulations providing for the sanctions to be imposed under this subsection.

(3) A civil money penalty imposed under this subsection may not exceed $5,000.

(4) In establishing the amount of a civil money penalty imposed under this subsection, the Department shall consider, under guidelines established in the regulations adopted under paragraph (2) of this subsection:

(i) The number, nature, and seriousness of the violations;

(ii) The degree of risk caused by the violations to the health, life, or safety of the individual served by the licensee;

(iii) The efforts made by the licensee to correct the violations;

(iv) Any history of similar violations;

(v) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the licensee to continue serving individuals; and

(vi) Any other reasonable factors as determined by the Department.

(5) If a civil money penalty is proposed, the Department shall offer the licensee an opportunity for informal dispute resolution.

(6) If, following the opportunity for informal dispute resolution, a civil money penalty is imposed, the Department shall provide:

(i) Written notice of:

1. The basis on which the order is made;

2. The deficiency on which the order is based;

3. The amount of the civil money penalty to be imposed; and

4. The manner in which the amount of the civil money penalty was calculated; and

(ii) An opportunity for a hearing as provided under subsection (e) of this section.

(7) The Department shall have the burden of proof with respect to the imposition of a civil money penalty under this subsection.

(c) Any applicant or licensee who knowingly and willfully makes a false statement in connection with an application under this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000, or imprisonment not exceeding 1 year, or both.

(d) The Department may impose a penalty not exceeding $500 per day per violation for each day a violation occurs on a licensee that fails to comply with the reporting requirements established under § 7–306.1(l) of this title.

(e) Except as otherwise provided in § 10–226 of the State Government Article and subsection (f) of this section, before the Department takes any action against an applicant or a licensee under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.

(f) (1) If the Department finds that the public health, safety, or welfare of individuals with disabilities receiving services from a licensee imperatively requires emergency action, the Department may suspend the license or order a licensee to remedy immediately the situation requiring the emergency action.

(2) The order to remedy immediately the situation shall be effective immediately and shall remain in effect until:

(i) The Department rescinds the order; or

(ii) There is a resolution through the administrative hearing process.

(3) If the Department issues an order under paragraph (1) of this subsection, the Department promptly shall give the licensee:

(i) Written notice of the order, the finding, and the reasons that support the finding; and

(ii) An opportunity to be heard.
Md. Code, Public Safety § 7-301 — MD Code / Article gps / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

In this subtitle, “commanding officer” means the captain, chief, or other officer in charge of a fire company or ambulance company.
Md. Code, Business Occupations and Professions § 7-205 — MD Code / Article gbo / Title 7 / Subtitle 2 / Section 7-205
§7–205.
Status: in_force

(a) Subject to the State budget, the Board may employ an investigative staff to investigate a charge that is made against a licensed forester and alleges facts that constitute:

(1) a ground for disciplinary action under this title; or

(2) a violation of this title.

(b) The Board may administer oaths.

(c) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

(i) a disciplinary action under § 7-309 of this title; or

(ii) a proceeding brought for an alleged violation of this title.

(2) A subpoena shall be signed by the chairman of the Board and sealed with the seal of the Board.

(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.
Md. Code, State Government § 7-101 — MD Code / Article gsg / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

(a) There is a Secretary of State, as provided in Article II, § 22 of the Maryland Constitution.

(b) The Secretary of State is in the Executive Department.
Md. Code, Transportation § 7-704 — MD Code / Article gtr / Title 7 / Subtitle 7 / Section 7-704
§7–704.
Status: in_force

(a) The creation of the Administration and the carrying out of its purposes are in all respects for the benefit of the people of this State and the District and for a public purpose, and the activities of the Administration are essential governmental functions.

(b) Except for water and sewer charges imposed by this State or any of its agencies or political subdivisions, the Administration, its activities, and the property it owns or controls are exempt from all taxes, assessments, and charges, whether State or local, now or subsequently levied or imposed.
Md. Code, Environment § 7-205 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-205
§7–205.
Status: in_force

(a) This section does not apply to Hawkins Point Controlled Hazardous Substance Landfill until July 1, 1985.

(b) A generator may not dispose of a controlled hazardous substance unless the generator demonstrates to the satisfaction of the Department that:

(1) Recovery possibilities have been considered; and

(2) The controlled hazardous substance cannot be reasonably treated further to reduce the volume of or the hazard that the controlled hazardous substance poses to the environment.
Md. Code, Education § 7-1507 — MD Code / Article ged / Title 7 / Subtitle 15 / Section 7-1507
§7–1507.
Status: in_force

(a) On or before September 1, 2018, the Subcabinet shall develop a model policy for the establishment of an assessment team or teams in each local school system.

(b) The model policy developed under subsection (a) of this section shall include:

(1) Mechanisms for identifying individuals whose behavior may pose a threat to the safety of an individual attending or working in a public school;

(2) Mechanisms for the assessment of student behavior and interventions if student behavior poses a threat to the safety of an individual attending or working in a public school;

(3) Mechanisms for the assessment of the behavior of an individual who is not a student at a public school but who may pose a threat to the safety of an individual attending or working in the public school;

(4) Best practices for promoting communication and appropriate responses within a school community, including measures for:

(i) Training faculty, administrators, and staff to identify, properly respond to, and report threats or behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;

(ii) Teaching students to identify, and encouraging students to report, behaviors of concern exhibited by their peers or others that may pose a threat to the safety of an individual attending or working in a public school, including sharing thoughts about or plans for engaging in violence at the school; and

(iii) Increasing outreach to and the awareness of parents and guardians concerning the emotional and social health and well–being of students;

(5) Procedures for members of the school community or others to report behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;

(6) Policies regarding anonymous reporting by members of the school community or others of behaviors of concern that may pose a threat to the safety of an individual attending or working in a public school;

(7) Guidance for establishing an appropriate number of assessment teams within a local school system that:

(i) Shall coordinate among school officials and law enforcement, mental health, and other appropriate entities to monitor and respond to information about behavior, statements, or plans that may pose a threat of violence at a school; and

(ii) Shall include individuals with expertise in student counseling, education instruction, school administration, and law enforcement; and

(8) Policies for training assessment teams, including training on implicit bias and disability and diversity awareness with specific attention to racial and ethnic disparities.

(c) On or before September 1, 2019, each local school system shall adopt a policy for the establishment of assessment teams that is consistent with the model policy developed by the Subcabinet and includes:

(1) A process for regular assessment and intervention, including diversion and de–escalation, if an individual exhibits behavior that may pose a threat to the safety of another individual attending or working in a public school;

(2) Standards for timely response and procedures for coordination among the members of an assessment team, including referral to appropriate local law enforcement officials, the local school system, and the county superintendent of information indicating that an individual may pose a threat of violence to the school; and

(3) Standards and procedures for referral of an individual for evaluation, services, or treatment when appropriate.
Md. Code, Insurance § 7-801 — MD Code / Article gin / Title 7 / Subtitle 8 / Section 7-801
§7–801.
Status: in_force

Any person that obtains control of a domestic insurer is subject to the jurisdiction of the courts of the State with regard to any action, whether initiated by the Commissioner or otherwise, arising out of a violation of this title.
Md. Code, Public Safety § 7-403 — MD Code / Article gps / Title 7 / Subtitle 4 / Section 7-403
§7–403.
Status: in_force

If no public water source is available to a fire company to supply water to extinguish a fire or mitigate an emergency incident, a fire company may enter private property to obtain water from a private water source, such as a privately owned pond, lake, river, stream, canal, cistern, or swimming pool, to extinguish the fire or otherwise mitigate the emergency incident.
Md. Code, Education § 7-1409 — MD Code / Article ged / Title 7 / Subtitle 14 / Section 7-1409
§7–1409.
Status: in_force

(a) (1) (i) The State Superintendent may assign the duties related to the oversight of virtual schools to the appropriate office or division within the Department.

(ii) These duties shall include:

1. The development, compilation, and updating of best practices for teaching and learning in a virtual environment, provision of services, and the operation and administration of a virtual school; and

2. Liaising with county boards that operate virtual schools or other stakeholders.

(2) The office or division assigned the duties under paragraph (1) of this subsection may create an advisory committee to provide advice on topics regarding virtual schools and virtual learning.

(b) The State Board shall adopt regulations to carry out the provisions of this subtitle, including establishing minimum criteria for the establishment and approval of a virtual school.
Md. Code, Family Law § 7-103 — MD Code / Article gfl / Title 7 / Subtitle 1 / Section 7-103
§7–103.
Status: in_force

(a) The court may decree an absolute divorce on the following grounds:

(1) 6–month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce;

(2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or

(3) mutual consent, if:

(i) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:

1. alimony;

2. the distribution of property, including the relief provided in §§ 8–205 and 8–208 of this article; and

3. the care, custody, access, and support of minor or dependent children;

(ii) the parties attach to the settlement agreement a completed child support guidelines worksheet if the settlement agreement provides for the payment of child support;

(iii) neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules; and

(iv) after reviewing the settlement agreement, the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.

(b) Parties who have pursued separate lives shall be deemed to have lived separate and apart for purposes of subsection (a)(1) of this section even if:

(1) the parties reside under the same roof; or

(2) the separation is in accordance with a court order.

(c) Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (3) of this section.

(d) Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 6–month separation.

(e) If a court decrees an absolute divorce on the grounds of mutual consent under subsection (a)(3) of this section, the court may:

(1) merge or incorporate the settlement agreement into the divorce decree; and

(2) modify or enforce the settlement agreement consistent with Title 8, Subtitle 1 of this article.

(f) For purposes of subsection (a)(1) of this section, the “filing of the application for divorce” includes an oral amendment made by a party with the consent of the other party at a hearing on the merits in open court to a previously filed application for limited divorce filed before October 1, 2023, or absolute divorce.
Md. Code, Tax - Property § 7-245 — MD Code / Article gtp / Title 7 / Subtitle 2 / Section 7-245
§7–245.
Status: in_force

(a) A person’s personal property is not subject to valuation or to property tax if all of the person’s personal property statewide had a total original cost of less than $20,000.

(b) If the person attests to owning a sum total of personal property with an original cost of less than $20,000, the Department may not:

(1) collect personal property information from the person; or

(2) require the person to submit a personal property tax return.
Md. Code, Land Use § 7-104 — MD Code / Article glu / Title 7 / Subtitle 1 / Section 7-104
§7–104.
Status: in_force

(a) In this section, “restriction” means a restriction, moratorium, or capacity limitation imposed on development as a result of a local law enacted under this subtitle.

(b) (1) If an adequate public facility law has resulted in a restriction within a priority funding area, on or before July 1 every 2 years, a local jurisdiction shall report on the restriction to the Department of Planning.

(2) The report shall include:

(i) the location of the restriction;

(ii) the type of infrastructure affected by the restriction;

(iii) the proposed resolution of the restriction, if available;

(iv) the estimated date for the resolution of the restriction, if available;

(v) if a restriction was lifted, the date the restriction was lifted;

(vi) the local law or resolution that lifted the restriction;

(vii) any waiver of the restriction that was proposed; and

(viii) any waiver of the restriction that was implemented.

(c) (1) On or before January 1 every 2 years, the Department of Planning shall prepare and publish a report on the statewide impacts of adequate public facility laws.

(2) The report shall include the identification of:

(i) geographic areas and facilities within priority funding areas that fail to meet local adequate public facility standards; and

(ii) improvements to facilities scheduled or proposed in the local jurisdiction’s capital improvement program.
Md. Code, Environment § 7-604 — MD Code / Article gen / Title 7 / Subtitle 6 / Section 7-604
§7–604.
Status: in_force

(a) Notwithstanding § 7-219 of this title, there is a Community Right-to-Know Fund.

(b) The Department shall use the Community Right–to–Know Fund for:

(1) The collection, management, and analysis of data received by the Department from an owner or operator of a facility that is required by the federal Act or any regulations adopted under the federal Act to provide information to the State under § 7–602(b) of this subtitle;

(2) Enforcement by the State of this subtitle or the federal Act;

(3) Planning and training functions performed by the State or local instrumentalities as may be required by the federal Act including:

(i) Conducting:

1. Incident response activities;

2. Shelter in place and evacuation planning;

3. Railroad, maritime, and transportation exercises; and

4. Emergency response activities;

(ii) The collection of hazardous material commodity flow information;

(iii) The acquisition and maintenance of chemical reference materials;

(iv) Public outreach activities including case studies, school safety, and emergency planning for citizens; and

(v) Participation by emergency response personnel in related training conferences on local, State, and federal regulatory and compliance updates, incident command, and crisis control; and

(4) Emergency response activities of the Department.

(c) The Department shall:

(1) Establish an annual fee for facilities required to report to the State or its instrumentalities under the federal Act; and

(2) Base the annual fee on the cost to the Department for processing the information submitted to the Department under § 7-602(b) of this subtitle.

(d) Except as provided in subsection (f) of this section, beginning March 1, 2003 and each year thereafter:

(1) The annual fee shall be paid to the Department no later than June 1 of each year for reports required under § 312 of the federal Act; and

(2) The annual fee shall be paid to the Department no later than October 1 of each year for reports required under § 313 of the federal Act.

(e) Subject to subsection (b) of this section, the annual fee assessed by the Department under this section may not exceed $1,000 in any calendar year for a responsible person who owns or operates one or more facilities in Maryland.

(f) (1) The following persons and entities are exempt from paying any fees under this section:

(i) Governmental agencies;

(ii) Farmers whose principal residence is located on their farm;

(iii) Charitable organizations as defined under § 6-101(d) of the Business Regulation Article;

(iv) Petroleum retail facilities with less than 75,000 gallons of gasoline and less than 100,000 gallons of diesel or similar fuel; and

(v) Entities that are exempt from reporting under the federal Act.

(2) The Secretary may adopt regulations that exempt additional entities from the requirement to pay the fees to the Department required by this section.

(g) Any fee or penalty collected or imposed under this subtitle shall be paid by the Department to the Fund.

(h) The Department may use 50% of the moneys in the Fund to provide grants to local emergency planning committees.

(i) (1) A local emergency planning committee that receives moneys under subsection (h) of this section shall provide an annual report to the Department documenting the manner in which the moneys were expended by the local emergency planning committee.

(2) A local emergency planning committee shall spend the moneys provided under subsection (h) of this section for activities identified under subsection (b) of this section or for any other activity which the Department determines is consistent with the purposes of this subtitle.

(j) Moneys allocated to a local emergency planning committee under subsection (h) of this section that are not utilized by the local emergency planning committee within 1 year after receipt of the allocation shall be remitted to the Department and may be reallocated by the Department.

(k) (1) After providing reasonable notice, the Secretary may require a local emergency planning committee to provide the Department with information or documentation relating to the utilization of moneys allocated under subsection (h) of this section.

(2) The Secretary may require an independent audit of any local emergency planning committee not found to be in compliance with paragraph (1) of this subsection.

(l) (1) The Secretary may recover any inappropriate expenditure made by a local emergency planning committee from the Fund.

(2) Any expenditure made by a local emergency planning committee that is inconsistent with subsection (i) of this section or the purpose of this subtitle shall be:

(i) Reimbursed by the local emergency planning committee to the Department; and

(ii) Remitted to the Fund within 90 days after receipt by the local emergency planning committee of a notice from the Department indicating that the expenditure is inappropriate.
Md. Code, Education § 7-1102 — MD Code / Article ged / Title 7 / Subtitle 11 / Section 7-1102
§7–1102.
Status: in_force

(a) This section does not apply to the Juvenile Services Education Program.

(b) A public agency may not use seclusion as a behavioral health intervention for a student.

(c) Neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:

(1) Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and

(2) Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

(d) (1) A nonpublic school may not use seclusion as a behavioral health intervention for a student unless:

(i) Seclusion is necessary to protect the student or another individual from imminent serious physical harm;

(ii) Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;

(iii) A health care practitioner who qualifies under subsection (e) of this section is on site and is directly observing the student during the seclusion;

(iv) The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;

(v) If the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and

(vi) The period of seclusion lasts the lesser of:

1. 30 minutes; or

2. A point in time during which the student no longer poses a threat of imminent serious physical harm.

(2) (i) For a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student’s physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.

(ii) A determination under this paragraph shall be made:

1. At each annual review of the student’s individualized education program; and

2. Within 10 days of a student’s placement being changed.

(3) (i) If a student’s behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(ii) If the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student’s individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(e) Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:

(1) (i) Be a physician, licensed to practice under Title 14 of the Health Occupations Article;

(ii) Be a psychologist, licensed to practice under Title 18 of the Health Occupations Article;

(iii) Be a clinical social worker, licensed to practice under Title 19 of the Health Occupations Article;

(iv) Be a registered nurse, licensed to practice under Title 8 of the Health Occupations Article; or

(v) Be a clinical professional counselor, licensed under Title 17 of the Health Occupations Article;

(2) Have received training in all topics required under COMAR 13A.08.04.06, in effect on June 30, 2022; and

(3) Be clinically familiar with a student.
Md. Code, Public Safety § 7-202 — MD Code / Article gps / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

(a) (1) A member of a volunteer fire company or volunteer rescue squad is eligible for disability benefits from the Maryland State Firefighters Association if:

(i) the member’s fire company or rescue squad recommends that the member receive benefits; and

(ii) the member is permanently or temporarily disabled:

1. as a direct result of actively participating in fighting a fire;

2. while going to or from a fire;

3. while performing other duties necessary to the operation or maintenance of the fire company;

4. while actively participating in the emergency medical services unit, or rescue work of a volunteer advanced life support unit or a volunteer fire, ambulance, or rescue company located in the State; or

5. while providing emergency or rescue assistance, whether acting alone or at the direction of or with a fire, ambulance, or rescue company or advanced life support unit.

(2) A benefit under this section shall be paid:

(i) regardless of the district in which the beneficiary was disabled; or

(ii) regardless of whether the beneficiary was disabled in this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia.

(b) The Board shall pay a benefit under this section from the treasury of the Maryland State Firefighters Association in the amount and in the manner that the Board determines until the beneficiary is no longer disabled.

(c) The secretary of the Board shall add the name of each beneficiary under this section to the Disabled Firefighter’s and Rescue Squad Person’s List.
Md. Code, Tax - General § 7-217 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-217
§7–217.
Status: in_force

(a) Except as provided in § 7-218 of this subtitle and subsections (d), (e), and (f) of this section, if an estate is administered subject to the jurisdiction of a court, the person responsible for paying the inheritance tax shall pay the tax when the register determines the amount due, at the time that the representative accounts for the distribution of property of the estate.

(b) Except as provided in § 7-218 of this subtitle and subsections (d), (e), and (f) of this section, if an estate is administered under modified administration, the person responsible for paying the inheritance tax shall pay the tax when the personal representative files the final report under modified administration.

(c) Except as provided in § 7-218 of this subtitle and subsections (d), (e), and (f) of this section, if there is no formal administration subject to the jurisdiction of a court for property that passes from a decedent, the person responsible for paying the inheritance tax shall pay the tax when the register determines the amount due.

(d) Except as provided by subsection (e) of this section, if an interest in property is valued under § 7-209(d) or (e) or § 7-210 of this subtitle, the person responsible for paying the inheritance tax shall pay the tax within 30 days after the determination of the inheritance tax due on the interest.

(e) If the inheritance tax on a subsequent interest in property is not prepaid, the person responsible for paying the tax shall pay the tax when the interest vests in possession.

(f) If additional inheritance tax becomes due under § 7-221 of this subtitle, the person responsible for paying the tax shall pay the tax when the disqualifying event occurs.
Md. Code, Transportation § 7-1203 — MD Code / Article gtr / Title 7 / Subtitle 12 / Section 7-1203
§7–1203.
Status: in_force

(a) The purpose of the Fund is to promote the equitable and inclusive development of transit–oriented developments throughout the State.

(b) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(c) (1) The Fund consists of:

(i) Money appropriated in the State budget to the Fund;

(ii) Money made available for qualifying uses by the Fund from other governmental sources, including eligible federal funding and the Transportation Trust Fund;

(iii) Ground rents or land sale proceeds in accordance with § 10–306(c)(2) of the State Finance and Procurement Article;

(iv) Payments of principal of and interest on loans made under this title;

(v) Investment earnings of the Fund; and

(vi) Any other money from any other source, public or private, accepted for the benefit of the Fund.

(2) Contributions to the Fund under paragraph (1)(iii) of this subsection shall:

(i) Be separately accounted for in the Fund; and

(ii) Be used only for the benefit of transit–oriented developments in the same county where the real property subject to the ground rent or land sale is located.

(d) For each fiscal year, the Governor shall include in the annual budget bill an appropriation sufficient to ensure a Fund balance of at least $5,000,000 at the start of the fiscal year.
Md. Code, Public Utilities § 7-549 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-549
§7–549.
Status: in_force

(a) In this section, “actual cost” means the costs and expenses deferred as regulatory assets multiplied by:

(1) the electric company’s cost of debt; or

(2) if the electric company secures the debt under Part III of this subtitle, the cost of the secured debt.

(b) An electric company shall recover, as an additional rate stabilization cost, the actual cost to the electric company of carrying the costs and expenses deferred as regulatory assets under the rate stabilization plan.
Md. Code, General Provisions § 7-104 — MD Code / Article ggp / Title 7 / Subtitle 1 / Section 7-104
§7–104.
Status: in_force

(a) (1) The Governor may have the State seal:

(i) to affix it to a certified copy of a law or resolution;

(ii) to affix it to a communication from the State to the United States, another state, or a foreign country; or

(iii) as needed for any other purpose provided by law.

(2) Unless the Governor signs the document, the Governor may not affix the State seal to a document or allow the State seal to be affixed to a document issued by the Executive Branch of the State government.

(b) The Secretary of the Senate and the Chief Clerk of the House may have the State seal to affix it to a bill as required by law.
Md. Code, Tax - General § 7-106 — MD Code / Article gtg / Title 7 / Subtitle 1 / Section 7-106
§7–106.
Status: in_force

The board of arbitrators may administer oaths, take testimony, and subpoena witnesses and books, records, and other documents. A subpoena may be signed by any member of the board. If a person fails to obey a subpoena, on petition of the board, any court of record of this State may pass an order requiring compliance with the subpoena and may punish failure to obey the order as a contempt.
Md. Code, Health - General § 7-801 — MD Code / Article ghg / Title 7 / Subtitle 8 / Section 7-801
§7–801.
Status: reserved

(a) The Deputy Secretary may transfer an individual with developmental disability from a public residential program or a public day program to another public residential program or public day program or, if a private provider of services agrees, to that private program, if the Deputy Secretary finds that:

(1) The individual with developmental disability either can receive better treatment in, or would be more likely to benefit from treatment at the other program; or

(2) The safety or welfare of other individuals with developmental disability would be furthered.

(b) The Deputy Secretary may transfer any individual with developmental disability who is a resident of another state to a residential facility in that state if the Deputy Secretary finds that the transfer is feasible.

(c) (1) Any finding that the Deputy Secretary makes under subsection (a) or (b) of this section shall be in writing and filed with the record of the individual with developmental disability.

(2) A copy of the finding and the notice to the private provider of services or program to which the individual with developmental disability is being transferred shall be sent to the proponent of admission, guardian of the person, next of kin, and counsel of the individual with developmental disability.

(3) The Deputy Secretary shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section. A transfer may not take place until a decision is issued as a result of the hearing.

(4) The determination of an administrative law judge as a result of a hearing under this section is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.
Md. Code, Health - General § 7-601 — MD Code / Article ghg / Title 7 / Subtitle 6 / Section 7-601
§7–601.
Status: in_force

There are community-based residential programs that provide residential services in public group homes, private group homes, and alternative living units.
Md. Code, Environment § 7-265 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-265
§7–265.
Status: in_force

(a) A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both:

(1) Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;

(2) Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a controlled hazardous substance facility for which a current facility permit is in effect;

(3) Falsifying any information required by the Department under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; or

(4) Authorizing, directing, or permitting any offense listed in this section.

(b) A person who is convicted of violating the following sections of this subtitle or any regulation adopted under the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment for not more than 3 years, or both:

(1) § 7-209 of this subtitle;

(2) § 7-249 of this subtitle; or

(3) § 7-252 of this subtitle.

(c) Each day on which a violation occurs constitutes a separate offense under this section.

(d) (1) Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.

(2) For the purposes of this subsection, in determining whether a person’s state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under § 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. § 6928(f)) shall apply.
Md. Code, Environment § 7-105 — MD Code / Article gen / Title 7 / Subtitle 1 / Section 7-105
§7–105.
Status: in_force

To apply for a facility permit, an applicant shall:

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

(2) Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.
Md. Code, Environment § 7-303 — MD Code / Article gen / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

Article III. Rights, Responsibilities and Obligations of Party States

a. There shall be regional facilities sufficient to dispose of the low-level waste generated within the region. Each regional facility shall be capable of disposing of such low-level waste but in the form(s) required by regulations or license conditions. Specialized facilities for particular types of low-level waste management, reduction or treatment may not be developed in any party state unless they are in accordance with the laws and regulations of such state and applicable federal laws and regulations.

b. Each party state shall have equal access as other party states to regional facilities within the region and accepting low-level waste, provided, however, that the host state may close the regional facility located within its borders when necessary for public health and safety. However, a host state shall send notification to the Commission in writing within three (3) days of its action, and shall, within thirty (30) working days, provide in writing the reasons for the closing.

c. Pennsylvania and party states which generated 25 percent or more of the volume or curies of low-level waste generated by Pennsylvania based on a comparison of averages over the three years 1982 through 1984 are designated as “initial host states” and are required to develop and host low-level waste sites as regional facilities. The percentage of waste from each state shall be determined by cubic foot volume or total curie content, whichever is greater.

d. Party states which generated less than 25 percent of the volume or curies of low-level waste generated by Pennsylvania based on a comparison of averages over the years 1982 through 1984 shall be exempt from initial host state responsibilities. These states shall continue to be exempt as long as they generate less than the 25 percent threshold over successive 3-year periods. Once a state generates an average of 25 percent or more of the volume or curies generated by Pennsylvania over a successive 3-year period, it shall be designated as a “host state” for a 30-year period by the Commission and shall immediately initiate development of a regional facility to be operational within five years. Such host state shall be prepared to accept at its regional facility low-level waste at least equal to that generated in the state. With Commission approval, any party state may volunteer to host a regional facility. The percentage of waste from each state shall be determined by either a cubic foot volume or total curie content, whichever is greater.

e. Pennsylvania and other host states are obligated to develop regional facilities for the duration of this compact. All regional facilities shall be designed for at least a thirty-year useful life. At the end of the facility’s life, normal closure and maintenance procedures shall be initiated in accordance with the applicable requirements of the host state and the federal government. Each host state’s obligation for operating regional facilities shall remain as long as the state continues to produce over a 3-year period 25 percent or more of the volume or curies of low-level waste generated by Pennsylvania.

f. Each host state shall:

1. Cause a regional facility to be sited and developed on a timely basis.

2. Ensure by law, consistent with applicable state and federal law, the protection and preservation of public health, safety and environmental quality in the siting, design, development, licensure, or other regulation, operation, closure, decommissioning, long-term care and the institutional control period of the regional facility within the state. To the extent authorized by federal law, a host state may adopt more stringent laws, rules or regulations than required by federal law.

3. Ensure and maintain a manifest system which documents all waste-related activities of generators, brokers, carriers and related activities of generators, brokers, carriers and operators, and establish the chain of custody of waste from its initial generation to the end of its hazardous life. Copies of all such manifests shall be submitted to the Commission on a timely basis.

4. Ensure that charges for disposal of low-level waste at the regional facility are sufficient to fully fund the safe disposal and perpetual care of the regional facility and that charges are assessed without discrimination as to the party state of origin.

5. Submit an annual report to the Commission on the status of the regional facility which contains projections of the anticipated future capacity.

6. Notify the Commission immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the state’s most recent annual report to the Commission.

7. Require that the institutional control period of any disposal facility be at least as long as the hazardous life, as defined in Article I h, of the radioactive materials that are disposed at that facility.

8. Prohibit the use of any shallow land burial, as defined in Article I r, and develop alternative means for treatment, storage and disposal of low-level waste.

9. Establish by law, to the extent not prohibited by federal law, requirements for financial responsibility, including, but not limited to:

(a) Requirements for the purchase and maintenance of adequate insurance by generators, brokers, carriers and operators of the regional facility;

(b) Requirements for the establishment of a long-term care fund to be funded by a fee placed on generators to pay for preventive or corrective measures of low-level waste to the regional facility; and

(c) Any further financial responsibility requirements that shall be submitted by generators, brokers, carriers and operators as deemed necessary by the host state.

g. Each party state:

1. Shall appropriate its portion of the Commission’s initial and annual budgets as set out in Article II c 2 and 3.

2. To the extent authorized by federal law shall develop and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to volume reduction, packaging, and transportation requirements and regulations as well as any other requirements specified by the regional facility. Such procedures shall include but are not limited to:

(a) Periodic inspections of packaging and shipping practices;

(b) Periodic inspections of low-level waste containers while in custody of carriers; and

(c) Appropriate enforcement actions with respect to violations.

3. To the extent authorized by federal law, shall after receiving notification from a host state or other person that a person in a party state has violated volume reduction, packaging, shipping or transportation requirements or regulations, take appropriate action to ensure that violations do not recur. Appropriate action shall include, but is not limited to, the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected. Appropriate action may also include suspension of the violator’s use of the regional facility. Should such suspension be imposed, the suspension shall remain in effect until such time as the violator has, to the satisfaction of the party state imposing such suspension, complied with the appropriate requirements or regulations upon which the suspension was based and has taken appropriate action to ensure that such violation or violations do not recur.

4. Shall maintain a registry of all generators and quantities generated within the state.

h. In the event of liability arising from the operation of any regional facility and during and after closure of that facility, each party state shall share in that liability in an amount equal to that state’s share of the region’s low-level waste disposed of at the facility. If such liability arises from negligence, malfeasance or neglect on the part of a host state or any party state, then any other host or party state(s) may make any claim allowable under law for that negligence, malfeasance or neglect. If such liability arises from a particular waste shipment or shipments to, or quantity of waste or condition at, the regional facility, then any host or party state may make any claim allowable under law for such liability. The percentage of waste shall be based on volume of waste or total curie content.

i. A party state which fails to fulfill its obligations, including timely funding of the Commission may have its privileges under the compact suspended or its membership in the compact revoked by the Commission and be subject to any other legal and equitable remedies available to the party states.
Md. Code, Education § 7-2102 — MD Code / Article ged / Title 7 / Subtitle 21 / Section 7-2102
§7–2102.
Status: in_force

The Department, in consultation with the Department of Information Technology and county boards, shall develop and update best practices for county boards to:

(1) Manage and maintain data privacy and security practices in the processing of student data and personally identifiable information across the county board’s information technology and records management systems;

(2) Develop and implement:

(i) A data privacy and security incident response plan;

(ii) A breach notification plan; and

(iii) Procedures and requirements for allowing access to student data and personally identifiable information for a legitimate research purpose; and

(3) Publish information annually on:

(i) Types of student data and personally identifiable information processed by the county board, the protocols for processing student data, and the rationales for selecting processing protocols;

(ii) Contracted services that involve sharing student data between a county board and a school service contract provider; and

(iii) Procedures and rationales for vetting and selecting Internet sites, services, and applications.
Md. Code, Tax - General § 7-221 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-221
§7–221.
Status: in_force

(a) (1) If within 15 years after the date of a decedent’s death, property valued under § 7-211 of this subtitle is disqualified for the special valuation, additional inheritance tax is due in the amount of the difference between the inheritance tax paid and the inheritance tax that would have been paid if the election under § 7-211 of this subtitle had not been made.

(2) Property is disqualified for the special valuation under § 7-211 of this subtitle, if:

(i) the property qualified for valuation as National Register property and is removed from the National Register of Historic Places; or

(ii) the property qualified for valuation as farmland or woodland and ceases to qualify for farmland or woodland assessment under § 8-209 or § 8-211 of the Tax - Property Article.

(3) The Department or the Maryland Historical Trust shall report to the Comptroller and the register any event that causes property to be disqualified for special valuation.

(b) (1) The property owner may submit to the appropriate register an application for a certificate that a disqualifying event has not occurred before a date that is stated in the certificate.

(2) The application shall:

(i) be made on the form and in the manner that the Comptroller requires; and

(ii) include appropriate certifications of the property owner.

(c) (1) After receiving the application, the register shall inquire about the property with:

(i) the Department, for farmland or woodland property; or

(ii) the Maryland Historical Trust, for property listed on the National Register of Historic Places.

(2) The Department or Maryland Historical Trust shall report to the register about the property.

(d) If, based on the certifications of the property owner and the report under subsection (c)(2) of this section, the register determines that a disqualifying event has not occurred, the register shall issue a certificate of nondisqualification, on the form and in the manner that the Comptroller determines.

(e) The date stated in a certificate of nondisqualification shall be:

(1) on or after the application date; and

(2) as close as possible to the date on which the certificate is issued.

(f) A grantee of the property and the successors or assigns of the grantee may rely conclusively on the certificate issued under subsection (d) of this section.
Md. Code, Insurance § 7-705 — MD Code / Article gin / Title 7 / Subtitle 7 / Section 7-705
§7–705.
Status: in_force

(a) Except as provided in § 7-706 of this subtitle, before an insurer subject to registration under Subtitle 6 of this title pays a dividend or makes a distribution to its shareholders, the insurer shall notify the Commissioner of its intention to pay the dividend or make the distribution.

(b) The insurer shall notify the Commissioner under subsection (a) of this section:

(1) within 5 business days after the declaration; and

(2) at least 10 days before the payment or distribution date.

(c) The Commissioner shall keep the notice required by subsection (a) of this section confidential until the payment or distribution date.

(d) If the Commissioner finds that, after the payment or distribution to shareholders under this section, the insurer’s surplus as regards policyholders would be inadequate or could lead the insurer to a hazardous financial condition, the Commissioner may order that the dividend not be paid.
Md. Code, Public Utilities § 7-201 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-201
§7–201.
Status: in_force

(a) (1) Annually, the Chairman of the Commission shall forward to the Secretary of Natural Resources a 10-year plan listing possible and proposed sites, including the associated transmission routes, for the construction of electric plants within the State.

(2) (i) The Chairman shall delete from the 10-year plan any site that the Secretary of Natural Resources identifies as unsuitable in accordance with the requirements of § 3-304 of the Natural Resources Article.

(ii) The Chairman may include a site deleted from a 10-year plan under subparagraph (i) of this paragraph in a subsequent 10-year plan.

(3) The Chairman shall include information in the annual 10-year plan on current and projected efforts by electric companies and the Commission to moderate overall electrical generation demand and peak demand through the electric companies’ promotion of energy conservation by customers and through the electric companies’ use of alternative energy sources, including cogeneration.

(4) To the extent that the Commission requires an electric company to report the information described in paragraph (3) of this subsection, a small rural electric cooperative described in § 7-502(a) of this title may satisfy the requirement by submitting to the Commission a copy of the power requirement study that the small rural electric cooperative submits to the rural utilities service.

(b) (1) The Commission shall evaluate the cost-effectiveness of the investments by electric companies in energy conservation to reduce electrical demand and in renewable energy sources to help meet electrical demand.

(2) The evaluation of investments shall include:

(i) the electric companies’ promotion and conduct of a building audit and weatherization program, including low-interest or no-interest electric company financing for the installation of energy conservation materials and renewable energy devices;

(ii) utilization of renewable energy sources;

(iii) promotion and utilization of electricity from cogeneration and wastes; and

(iv) widespread public promotion of energy conservation programs.

(a) (1) Annually, the Chairman of the Commission shall forward to the Secretary of Natural Resources a 10–year plan listing possible and proposed sites, including the associated transmission routes, for the construction of electric plants within the State.

(2) (i) The Chairman shall delete from the 10–year plan any site that the Secretary of Natural Resources identifies as unsuitable in accordance with the requirements of § 3–304 of the Natural Resources Article.

(ii) The Chairman may include a site deleted from a 10–year plan under subparagraph (i) of this paragraph in a subsequent 10–year plan.

(3) The Chairman shall include information in the annual 10–year plan on current and projected efforts by electric companies and the Commission to moderate overall electrical generation demand and peak demand through the electric companies’ promotion of energy conservation by customers and through the electric companies’ use of alternative energy sources, including cogeneration.

(4) To the extent that the Commission requires an electric company to report the information described in paragraph (3) of this subsection, a small rural electric cooperative described in § 7–502(a) of this title may satisfy the requirement by submitting to the Commission a copy of the power requirement study that the small rural electric cooperative submits to the rural utilities service.

(b) (1) The Commission shall evaluate the cost–effectiveness of the investments by electric companies in energy conservation to reduce electrical demand and in renewable energy sources to help meet electrical demand.

(2) The evaluation of investments shall include:

(i) the electric companies’ promotion and conduct of a building audit and weatherization program, including low–interest or no–interest electric company financing for the installation of energy conservation materials and renewable energy devices;

(ii) utilization of renewable energy sources;

(iii) promotion and utilization of electricity from cogeneration and wastes; and

(iv) widespread public promotion of energy conservation programs.
Md. Code, Correctional Services § 7-306 — MD Code / Article gcs / Title 7 / Subtitle 3 / Section 7-306
§7–306.
Status: in_force

(a) (1) The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.

(2) Each proceeding before a hearing examiner shall be conducted in accordance with this section.

(b) The Commission shall keep a record of each hearing conducted by a hearing examiner.

(c) A hearing examiner shall determine if an incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.

(d) (1) At the conclusion of the hearing, the hearing examiner shall inform the incarcerated individual of the hearing examiner’s recommendation for parole or denial of parole.

(2) Within 21 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the incarcerated individual a written report of the hearing examiner’s findings and recommendation for parole or denial of parole.

(3) The Commissioner of Correction or the incarcerated individual may file with the Commission written exceptions to the report of a hearing examiner no later than 5 days after the report is received.

(e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner.

(2) (i) The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission.

(ii) The Commission or panel shall render a written decision on the appeal.

(iii) The decision of the Commission or panel is final.

(3) If an exception is not filed and the Commission does not act on its own initiative within the 5–day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved.
Md. Code, Commercial Law § 7-304 — MD Code / Article gcl / Title 7 / Subtitle 3 / Section 7-304
§7–304.
Status: in_force

(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.

(b) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one bill.

(c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier’s obligation by surrendering its part.

(d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.

(e) The bailee shall deliver in accordance with Subtitle 4 against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee’s obligation on the whole bill.
Md. Code, Health - General § 7-1103 — MD Code / Article ghg / Title 7 / Subtitle 11 / Section 7-1103
§7–1103.
Status: in_force

(a) In this section, “custodian” means:

(1) Executive officer or administrative head of a licensee, as defined in § 7-1001 of this title;

(2) An individual who is responsible for the area where records on individuals who are served by a licensee, as defined in § 7-1001 of this title, are kept; or

(3) Any individual who has or controls the record.

(b) In addition to any damages recoverable in a court of general jurisdiction, a custodian of a record who discloses the record in violation of § 7-1010 of this title is liable to the individual whose records are disclosed unlawfully for punitive damages in an amount that does not exceed $500 plus reasonable attorney’s fees.
Md. Code, Health - General § 7-306 — MD Code / Article ghg / Title 7 / Subtitle 3 / Section 7-306
§7–306.
Status: in_force

The Secretary shall implement the State plan through:

(1) The provision of direct services;

(2) The purchase of services; or

(3) Other appropriate means.
Md. Code, Financial Institutions § 7-206 — MD Code / Article gfi / Title 7 / Subtitle 2 / Section 7-206
§7–206.
Status: in_force

(a) (1) To apply for a certificate of authority, an applicant shall sign and submit to the Commissioner an application made under oath on the form that the Commissioner requires.

(2) The application shall include:

(i) The applicant’s corporate name, business address, and any trade names under which the applicant conducts business;

(ii) The name and business address of each of the applicant’s officers and directors;

(iii) The address at which the business is to be conducted;

(iv) The name and address of the applicant’s proposed resident agent in the State; and

(v) Any other information that the Commissioner reasonably requires.

(b) With the application, the applicant shall submit:

(1) A certified copy of its articles of incorporation with all amendments;

(2) A certified copy of its bylaws with all amendments;

(3) A copy of the applicant’s annual financial statements as of the immediately preceding December 31, prepared in accordance with generally accepted accounting principles and audited and certified by an independent certified public accountant;

(4) If domiciled outside the State, a copy of the applicant’s most recent report of examination, if any, made by the responsible supervisory official in its state of domicile;

(5) If domiciled outside the State, certification by the responsible supervisory official in its state of domicile showing that the applicant is authorized to engage in the credit union share guaranty business in that state;

(6) A copy of the applicant’s current standard written contract with participating credit unions containing the rights and obligations of the parties; and

(7) Any other information and documents that the Commissioner reasonably requires.

(c) With the application, the applicant shall pay to the Commissioner a nonrefundable application fee of $5,000.
Md. Code, Public Utilities § 7-705 — MD Code / Article gpu / Title 7 / Subtitle 7 / Section 7-705
§7–705.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, each electricity supplier shall submit a report to the Commission each year in a form and by a date specified by the Commission that:

(i) 1. demonstrates that the electricity supplier has complied with the applicable renewable energy portfolio standard under § 7–703 of this subtitle and includes the submission of the required amount of renewable energy credits; or

2. demonstrates the amount of electricity sales by which the electricity supplier failed to meet the applicable renewable energy portfolio standard;

(ii) documents the level of participation of minority business enterprises and minorities in the activities that support the creation of renewable energy credits used to satisfy the standard under § 7–703 of this subtitle, including development, installation, and operation of generating facilities that create credits;

(iii) documents the amounts and types of generation associated with renewable energy credits purchased in compliance with § 7–707(c) of this subtitle during the reporting period; and

(iv) documents the amount of renewable energy certificates that do not qualify as renewable energy credits as defined in § 7–701 of this subtitle, including, for each certificate:

1. the energy source associated with the certificate, including its location, when it was constructed, and which electric distribution system received the energy;

2. whether the purchase of the certificate was bundled with a power purchase agreement from the energy source associated with the certificate;

3. whether the certificate was purchased directly from the operator of the energy source or through a third party; and

4. any other information required by the Commission.

(2) Paragraph (1)(iii) and (iv) of this subsection does not apply to:

(i) the Department of General Services’ sale of energy under § 7–704.4 of this subtitle; or

(ii) a community choice aggregator under § 7–510.3 of this title.

(b) (1) This subsection does not apply to a shortfall from the required Tier 1 renewable sources that is to be derived from post–2022 geothermal systems.

(2) If an electricity supplier fails to comply with the renewable energy portfolio standard for the applicable year, the electricity supplier shall pay into the Maryland Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article:

(i) except as provided in item (ii) of this paragraph, a compliance fee of:

1. the following amounts for each kilowatt–hour of shortfall from required Tier 1 renewable sources other than the shortfall from the required Tier 1 renewable sources that is to be derived from solar energy:

A. 4 cents through 2016;

B. 3.75 cents in 2017 and 2018;

C. 3 cents in 2019 through 2023;

D. 2.75 cents in 2024;

E. 2.5 cents in 2025;

F. 2.475 cents in 2026;

G. 2.45 cents in 2027;

H. 2.25 cents in 2028 and 2029; and

I. 2.235 cents in 2030 and later;

2. the following amounts for each kilowatt–hour of shortfall from required Tier 1 renewable sources that is to be derived from solar energy:

A. 45 cents in 2008;

B. 40 cents in 2009 through 2014;

C. 35 cents in 2015 and 2016;

D. 19.5 cents in 2017;

E. 17.5 cents in 2018;

F. 10 cents in 2019;

G. 10 cents in 2020;

H. 8 cents in 2021;

I. 6 cents in 2022;

J. 6 cents in 2023;

K. 6 cents in 2024;

L. 5.5 cents in 2025;

M. 4.5 cents in 2026;

N. 3.5 cents in 2027;

O. 3.25 cents in 2028;

P. 2.5 cents in 2029; and

Q. 2.25 cents in 2030 and later; and

3. 1.5 cents for each kilowatt–hour of shortfall from required Tier 2 renewable sources; or

(ii) for industrial process load:

1. for each kilowatt–hour of shortfall from required Tier 1 renewable sources, a compliance fee of:

A. 0.8 cents in 2006, 2007, and 2008;

B. 0.5 cents in 2009 and 2010;

C. 0.4 cents in 2011 and 2012;

D. 0.3 cents in 2013 and 2014;

E. 0.25 cents in 2015 and 2016; and

F. except as provided in paragraph (3) of this subsection, 0.2 cents in 2017 and later; and

2. nothing for any shortfall from required Tier 2 renewable sources.

(3) For industrial process load, the compliance fee for each kilowatt–hour of shortfall from required Tier 1 renewable sources is nothing for the year following any year during which, after final calculations, the net rate impact per megawatt–hour from Round 1 offshore wind projects exceeded $1.65 in 2012 dollars.

(b–1) If an electricity supplier fails to comply with the renewable energy portfolio standard that is required to be derived from post–2022 geothermal systems for the applicable year, the electricity supplier shall pay into the Maryland Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article a compliance fee of the following amounts for each kilowatt–hour of shortfall from required post–2022 geothermal systems:

(1) 10 cents in 2023 through 2025;

(2) 9 cents in 2026;

(3) 8 cents in 2027; and

(4) 6.5 cents in 2028 and later.

(c) The Commission may allow an electricity supplier to submit the report required under § 7–505(b)(4) of this title to demonstrate compliance with the renewable energy portfolio standard.

(d) An aggregator or broker who assists an electricity customer in purchasing electricity but who does not supply the electricity or take title to or ownership of the electricity may require the electricity supplier who supplies the electricity to demonstrate compliance with this subtitle.

(e) (1) Notwithstanding the requirements of § 7–703(b) of this subtitle, if the actual or projected dollar–for–dollar cost incurred or to be incurred by an electricity supplier solely for the purchase of Tier 1 renewable energy credits derived from solar energy in any 1 year is greater than or equal to, or is anticipated to be greater than or equal to, 6.0% of the electricity supplier’s total annual electricity sales revenues in Maryland, the electricity supplier may request that the Commission:

(i) delay by 1 year each of the scheduled percentages for solar energy under § 7–703(b) of this subtitle that would apply to the electricity supplier; and

(ii) allow the renewable energy portfolio standard for solar energy for that year to continue to apply to the electricity supplier for the following year.

(2) In making its determination under paragraph (1) of this subsection, the Commission shall consider the actual or projected dollar–for–dollar compliance costs of other electricity suppliers.

(3) If an electricity supplier makes a request under paragraph (1) of this subsection based on projected costs, the electricity supplier shall provide verifiable evidence of the projections to the Commission at the time of the request.

(4) If the Commission allows a delay under paragraph (1) of this subsection:

(i) the renewable energy portfolio standard for solar energy applicable to the electricity supplier under the delay continues for each subsequent consecutive year that the actual or projected dollar–for–dollar costs incurred, or to be incurred, by the electricity supplier solely for the purchase of solar renewable energy credits is greater than or equal to, or is anticipated to be greater than or equal to, 6.0% of the electricity supplier’s total annual retail electricity sales revenues in Maryland; and

(ii) the renewable energy portfolio standard for solar energy applicable to the electricity supplier under the delay is increased to the next scheduled percentage increase under § 7–703(b) of this subtitle for each year in which the actual or projected dollar–for–dollar costs incurred, or to be incurred, by the electricity supplier solely for the purchase of solar renewable energy credits is less than, or is anticipated to be less than, 6.0% of the electricity supplier’s total annual retail electricity sales revenues in Maryland.
Md. Code, Real Property § 7-404.1 — MD Code / Article grp / Title 7 / Subtitle 4 / Section 7-404.1
§7–404.
Status: in_force

§7–404.1.

(a) The Commissioner may enforce the provisions of this subtitle by exercising any of the powers provided under §§ 2–113 through 2–116 of the Financial Institutions Article.

(b) (1) The Commissioner may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this subtitle from engaging or continuing to engage in the violation.

(2) The court may enter any order or judgment necessary to:

(i) Prevent the use by a person of any prohibited practice;

(ii) Restore to a person any money or real or personal property acquired from the person by means of any prohibited practice; or

(iii) Appoint a receiver in case of willful violation of this subtitle.

(3) In any action brought by the Commissioner under this subsection, the Commissioner is entitled to recover the costs of the action for the use of the State.

(c) The Commissioner may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation including the restitution of money or property to any person aggrieved by the violation.

(d) The Commissioner may:

(1) Investigate violations of this subtitle; and

(2) Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator.

(e) The Commissioner may cooperate in the investigation and prosecution of any violation of this subtitle with the Office of the Attorney General, the State’s Attorney, or any other unit of law enforcement.
Md. Code, Public Utilities § 7-804 — MD Code / Article gpu / Title 7 / Subtitle 8 / Section 7-804
§7–804.
Status: in_force

(a) On or before December 31, 2025, the Commission shall adopt regulations or issue orders to:

(1) implement specific policies for electric system planning;

(2) require consideration of investment in, or procurement of, cost–effective demand–side methods and technology to improve reliability and efficiency, including virtual power plants; and

(3) implement specific policies for improvements in order to promote the State’s policy goals under § 7–802 of this subtitle.

(b) The regulations adopted and orders issued under subsection (a) of this section shall:

(1) be developed with consideration given to the inherent differences, individual circumstances, and available resources among investor–owned electric companies, electric cooperatives, and municipal electric utilities; and

(2) if determined necessary by the Commission, establish separate requirements for investor–owned electric companies, electric cooperatives, and municipal electric utilities.