Md. Code, Courts and Judicial Proceedings § 3-211 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.

(b) In the absence of a provision in the agreement, a party may file a petition with a court to appoint one or more arbitrators.

(c) A court shall appoint one or more arbitrators if:

(1) The arbitration agreement does not provide a method of appointment;

(2) The agreed method fails or for any reason cannot be followed; or

(3) An appointed arbitrator fails or is unable to act and his successor has not been appointed.

(d) A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.
Md. Code, Public Safety § 3-208 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

The Commission has the following powers and duties:

(1) to adopt regulations necessary or appropriate to carry out this subtitle; and

(2) to adopt regulations that establish and enforce standards for prior substance abuse by individuals applying for certification as a police officer.
Md. Code, State Finance and Procurement § 3-1001 — MD Code / Article gsf / Title 3 / Subtitle 10 / Section 3-1001
§3–1001.
Status: in_force

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

(b) “Agency” means an entity of the Executive Branch of State government.

(c) “Goal” means a broad statement that describes the desired long–term results toward which an agency directs its efforts. Goals support, clarify, and provide direction to the agency’s mission and assist in the application of State resources toward implementation of the managing for results State comprehensive plan.

(d) “Managing for results” means a planning, performance measurement, and budgeting process that emphasizes use of resources to achieve measurable results, accountability, efficiency, and continuous improvement in State government programs.

(e) “Mission” means the purpose for an agency’s existence and includes a description of what an agency does and for whom it does it.

(f) “Objective” means a specific and measurable short–term target for achievement of an agency’s goals and includes a description of the desired results and a target date for accomplishment.

(g) (1) “Performance measure” means a quantitative or qualitative indicator used to assess whether an agency is meeting its goals and objectives.

(2) “Performance measure” includes the following:

(i) an efficiency measure that quantifies the relationship between measures of the inputs used to produce goods or services and the measures of the outputs of these activities;

(ii) an input measure that quantifies the amount of resources used to provide goods and services;

(iii) an outcome measure that quantifies the results an agency achieves or the benefits citizens receive from an agency’s activities;

(iv) an output measure that quantifies the amount of goods and services produced by the agency; and

(v) a quality measure that quantifies or describes:

1. the effectiveness of the agency in meeting agency objectives;

2. aspects of the satisfaction that customers may or may not have with State goods or services; or

3. how State goods or services compare to some external or internal standard.

(h) “State comprehensive plan” means a statement of goals which serve as a broad directive for improving or making more cost effective State resources and services. The plan shall include no more than 10 statewide goals and 50 to 100 performance measures that describe the statewide progress towards its goals.

(i) “StateStat” means the accountability process described in § 3–1003(b) of this subtitle.

(j) “Strategic plan” means a statement of direction implemented by an agency to carry out its mission.
Md. Code, Public Safety § 3-305 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) (1) The Secretary shall investigate the character, reputation, and qualifications of each applicant for a commission.

(2) The investigation shall include an investigation of the applicant’s criminal record.

(3) The Secretary shall conduct the investigation in accordance with rules and regulations adopted by the Secretary.

(b) (1) On completion of the investigation, the Secretary shall notify the applicant of the final decision of the Secretary on whether to recommend the denial or the granting of the application to the Governor.

(2) Any person aggrieved by a final decision of the Secretary to recommend the denial of an application under this section may take an appeal as a contested case in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) (1) The Secretary shall transmit to the Governor:

(i) the results of the investigation;

(ii) a recommendation on denying or granting the application;

(iii) the reasons for the recommendation; and

(iv) the final disposition of any appeal made by an aggrieved person described in subsection (b)(2) of this section.

(2) The Governor may accept the recommendation of the Secretary but need not issue a commission approved by the Secretary if the Governor believes it not to be in the best interest of the State to do so.
Md. Code, Health Occupations § 3-317 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-317
§3–317.
Status: in_force

If a license has been suspended or revoked under § 3–313 of this subtitle, the Board may reinstate the license only in accordance with:

(1) The terms and conditions of the order of suspension or revocation; or

(2) An order of reinstatement issued by the Board.
Md. Code, Labor and Employment § 3-301 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

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

(b) (1) “Employer” means:

(i) a person engaged in a business, industry, profession, trade, or other enterprise in the State;

(ii) the State and its units;

(iii) a county and its units; and

(iv) a municipal government in the State.

(2) “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.

(c) “Gender identity” has the meaning stated in § 20–101 of the State Government Article.

(d) “Posting” means a solicitation intended to recruit applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party.

(e) (1) “Wage” means all compensation for employment.

(2) “Wage” includes board, lodging, or other advantage provided to an employee for the convenience of the employer.

(f) “Wage range” means the minimum and maximum hourly rate or minimum and maximum salary for a position, set in good faith by reference, to:

(1) any applicable pay scale;

(2) any previously determined minimum and maximum hourly rate or minimum and maximum salary for the position;

(3) the minimum and maximum hourly rate or minimum and maximum salary of an individual holding a comparable position at the time of the posting; or

(4) the budgeted amount for the position.
Md. Code, Economic Development § 3-101 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

In this subtitle, “Board” means the Maryland Manufacturing Advisory Board.
Md. Code, Criminal Law § 3-609 — MD Code / Article gcr / Title 3 / Subtitle 6 / Section 3-609
§3–609.
Status: in_force

(a) Unless the death of a minor has already been reported to the appropriate law enforcement agency or medical authority, a parent or other person who has permanent care or custody or responsibility for the supervision of a minor shall report the death of the minor to the appropriate law enforcement agency or medical authority within 5 hours of becoming aware of the death.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years.
Md. Code, Correctional Services § 3-212 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

(a) On or before September 30 of each year, each warden shall submit to the Commissioner a report and statement on the affairs of the correctional facility to which the warden is appointed.

(b) (1) The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility.

(2) The statement shall include the information required under § 3-207(b) of this subtitle as it relates to the correctional facility.

(c) The report and statement required by this section shall be verified by the warden of the correctional facility that is the subject of the report.
Md. Code, Labor and Employment § 3-305 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) (1) Each employer shall keep each record that the Commissioner requires on:

(i) wages of employees;

(ii) job classifications of employees; and

(iii) other conditions of employment.

(2) Each employer shall keep a record of compliance with § 3–304.2 of this subtitle for each position for at least 3 years after:

(i) the position is filled; or

(ii) if the position is not filled, the position was initially posted.

(3) An employer shall keep the records required under this subsection for the period of time that the Commissioner requires.

(b) On the basis of the records required under this section, an employer shall make each report that the Commissioner requires.
Md. Code, Correctional Services § 3-503 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

There is a Maryland Correctional Enterprises organization in the Division.
Md. Code, Transportation § 3-310 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

(a) In this section, “government obligations” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America.

(b) Adequate and complete provision for payment of the principal and interest of any issue or series of county transportation bonds may be made by the Secretary and the State Treasurer by making a transfer of government obligations from the Transportation Trust Fund to the State Treasurer or to a bank or trust company as escrow fund agent in an amount which, together with the income due thereon, will be sufficient to pay in full when due the maturing principal of and interest on the county transportation bonds.

(c) To the extent that adequate and complete provision has been made for the payment of county transportation bonds under this title, those bonds shall no longer be deemed to be outstanding and unpaid under this title.
Md. Code, Public Safety § 3-415 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

This subtitle may be cited as the Maryland Railroad Police Act.
Md. Code, State Finance and Procurement § 3-503 — MD Code / Article gsf / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) (1) To ensure economical and efficient use of motor vehicles by units of the Executive Branch of the State government, the Secretary shall adopt and enforce regulations to carry out the provisions of this subtitle.

(2) The regulations adopted under this section shall apply to:

(i) all phases of the use and maintenance of State-owned motor vehicles; and

(ii) the reimbursement of owners of privately owned motor vehicles.

(3) The regulations shall be directed to:

(i) requiring the effective, efficient, and inexpensive use of all motor vehicles; and

(ii) compiling and maintaining accurate and detailed cost accounting records for all use of motor vehicles.

(4) The regulations shall provide that, unless the Secretary determines on the basis of published criteria that the use of a State-owned motor vehicle is required for the efficient operation of a State program regardless of miles traveled, State-owned motor vehicles shall be allocated to those State employees accumulating the greatest mileage for official use.

(b) Consistent with this section, the Secretary may reassign State-owned motor vehicles between or among units of the Executive Branch of the State government if federally funded programs are substantially reduced or discontinued.

(c) Subject to § 2-1257 of the State Government Article, the Secretary shall submit to the General Assembly an annual report that includes, in detail:

(1) the text of any regulations that have been adopted under this section and are currently in effect; and

(2) a statement of any problems involved in ensuring compliance with this subtitle.
Md. Code, Education § 3-1405 — MD Code / Article ged / Title 3 / Subtitle 14 / Section 3-1405
§3–1405.
Status: in_force

(a) The county board shall meet at least once each month.

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

(c) The county board may take actions in executive session in accordance with § 10–508 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 3-8A-15 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-15
§3–8A–15.
Status: in_force

(a) Only the court or an intake officer may authorize detention, community detention, or shelter care for a child who may be in need of supervision or delinquent.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, if a child is taken into custody under this subtitle, the child may be placed in detention or community detention prior to a hearing if:

(i) Such action is required to protect the child or others; or

(ii) The child is likely to leave the jurisdiction of the court.

(2) (i) In this paragraph, “risk scoring instrument” means a tool, a metric, an algorithm, or software that:

1. Is used to assist in determining the eligibility of a child for release before a hearing; and

2. Has been independently validated at least once in the preceding 5 years.

(ii) The court or an intake officer shall consider the results of a risk scoring instrument before placing a child in detention.

(3) (i) Subject to subparagraph (ii) of this paragraph, a child alleged to have committed a delinquent act may not be placed in detention before a hearing if the most serious offense would be a misdemeanor if committed by an adult, unless:

1. The act would be a violation of § 4–203 or § 4–204 of the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article if committed by an adult;

2. The child has been adjudicated delinquent at least twice in the preceding 2 years; or

3. A. The child was under the supervision of the Department of Juvenile Services when the alleged act occurred; and

B. The alleged act, if committed by an adult, would be subject to a penalty of imprisonment of more than 2 years and would not constitute assault in the second degree under § 3–203 of the Criminal Law Article.

(ii) Except as provided in subsection (e) of this section, a child under the age of 13 may not be placed in detention if:

1. The act would be a violation of § 4–203 or § 4–204 of the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article; and

2. The child has not previously been adjudicated delinquent for an act that would be a violation § 4–203 or § 4–204 of the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article.

(c) A child taken into custody under this subtitle may be placed in emergency shelter care or community detention prior to a hearing if:

(1) (i) Such action is required to protect the child or person and property of others;

(ii) The child is likely to leave the jurisdiction of the court; or

(iii) There is no parent, guardian, or custodian or other person able to provide supervision and care for the child and return the child to the court when required; and

(2) (i) 1. Continuation of the child in the child’s home is contrary to the welfare of the child; and

2. Removal of the child from the child’s home is reasonable under the circumstances due to an alleged emergency situation and in order to provide for the safety of the child; or

(ii) 1. Reasonable but unsuccessful efforts have been made to prevent or eliminate the need for removal from the child’s home; and

2. As appropriate, reasonable efforts are being made to return the child to the child’s home.

(d) (1) If the child is not released, the intake officer or the official who authorized detention, community detention, or shelter care under this section shall immediately file a petition to authorize continued detention, community detention, or shelter care.

(2) A hearing on the petition shall be held not later than the next court day, unless extended for no more than 5 days by the court upon good cause shown.

(3) Reasonable notice, oral or written, stating the time, place, and purpose of the hearing, shall be given to the child and, if they can be found, the child’s parents, guardian, or custodian.

(4) Except as provided in paragraph (5) of this subsection, shelter care may not be ordered for a period of more than 30 days unless an adjudicatory or waiver hearing is held.

(5) For a child in need of supervision or a delinquent child, shelter care may be extended for an additional period of not more than 30 days if the court finds after a hearing held as part of the adjudication that continued shelter care is consistent with the circumstances stated in subsections (b) and (c) of this section.

(6) (i) An adjudicatory or waiver hearing shall be held no later than 30 days after the date a petition for detention or community detention is granted.

(ii) If a child is detained or placed in community detention after an adjudicatory hearing, a disposition hearing shall be held no later than 14 days after the adjudicatory hearing.

(iii) Detention or community detention time may be extended in increments of not more than 14 days where the petition charges the child with a delinquent act and where the court finds, after a subsequent hearing, that extended detention or community detention is necessary either:

1. For the protection of the child; or

2. For the protection of the community.

(e) (1) Detention or community detention may not be continued beyond emergency detention or community detention unless, upon an order of court after a hearing, the court has found that one or more of the circumstances stated in subsection (b) of this section exist.

(2) A court order under this paragraph shall:

(i) Contain a written determination of whether or not the criteria contained in subsection (c)(1) and (2) of this section have been met; and

(ii) Specify which of the circumstances stated in subsection (b) of this section exist.

(3) (i) If the court has not specifically prohibited community detention, the Department of Juvenile Services may release the child from detention into community detention and place the child in:

1. Shelter care; or

2. The custody of the child’s parent, guardian, custodian, or other person able to provide supervision and care for the child and to return the child to court when required.

(ii) If a child who has been released by the Department of Juvenile Services or the court into community detention violates the conditions of community detention, and it is necessary to protect the child or others, an intake officer may authorize the detention of the child.

(iii) The Department of Juvenile Services shall promptly notify the court of:

1. The release of a child from detention under subparagraph (i) of this paragraph; or

2. The return to detention of a child under subparagraph (ii) of this paragraph.

(iv) 1. If a child is returned to detention under subparagraph (ii) of this paragraph, the intake officer who authorized detention shall immediately file a petition to authorize continued detention.

2. A hearing on the petition to authorize continued detention shall be held no later than the next court day, unless extended for no more than 5 days by the court on good cause shown.

3. Reasonable notice, oral or written, stating the time, place, and purpose of the hearing, shall be given to the child and, if they can be located, the child’s parents, guardian, or custodian.

(f) (1) Shelter care may only be continued beyond emergency shelter care if the court has found that:

(i) Continuation of the child in the child’s home is contrary to the welfare of the child; and

(ii) 1. Removal of the child from the child’s home is necessary due to an alleged emergency situation and in order to provide for the safety of the child; or

2. Reasonable but unsuccessful efforts were made to prevent or eliminate the need for removal of the child from the home.

(2) (i) If the court continues shelter care on the basis of an alleged emergency, the court shall assess whether the absence of efforts to prevent removal was reasonable.

(ii) If the court finds that the absence of efforts to prevent removal was not reasonable, the court shall make a written determination so stating.

(3) The court shall make a determination as to whether reasonable efforts are being made to make it possible to return the child to the child’s home or whether the absence of such efforts is reasonable.

(g) A child alleged to be delinquent may not be detained in a jail or other facility for the detention of adults.

(h) (1) A child alleged to be in need of supervision may not be placed in:

(i) Detention or community detention;

(ii) A State mental health facility; or

(iii) A shelter care facility that is not operating in compliance with applicable State licensing laws.

(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in need of supervision may be placed in shelter care facilities maintained or approved by the Social Services Administration or the Department of Juvenile Services or in a private home or shelter care facility approved by the court.

(3) The Secretary of Human Services and the Secretary of Juvenile Services together, when appropriate, with the Secretary of Health shall jointly adopt regulations to ensure that any child placed in shelter care pursuant to a petition filed under subsection (d) of this section be provided appropriate services, including:

(i) Health care services;

(ii) Counseling services;

(iii) Education services;

(iv) Social work services; and

(v) Drug and alcohol abuse assessment or treatment services.

(4) In addition to any other provision, the regulations shall require:

(i) The Department of Juvenile Services to develop a plan within 45 days of placement of a child in a shelter care facility to assess the child’s treatment needs; and

(ii) The plan to be submitted to all parties to the petition and their counsel.

(i) The intake officer or the official who authorized detention, community detention, or shelter care under this subtitle shall immediately give written notice of the authorization for detention, community detention, or shelter care to the child’s parent, guardian, or custodian and to the court. The notice shall be accompanied by a statement of the reasons for taking the child into custody and placing him in detention, community detention, or shelter care. This notice may be combined with the notice required under subsection (d) of this section.

(j) (1) If a child is alleged to have committed a delinquent act, the court or a juvenile intake officer shall consider including, as a condition of releasing the child pending an adjudicatory or disposition hearing, reasonable protections for the safety of the alleged victim.

(2) If a victim has requested reasonable protections for safety, the court or juvenile intake officer shall consider including, as a condition of releasing the child pending an adjudicatory or disposition hearing, provisions regarding no contact with the alleged victim or the alleged victim’s premises or place of employment.

(k) (1) Except as provided in paragraph (2) of this subsection, if a child remains in a facility used for detention, the Department of Juvenile Services shall:

(i) Within 14 days after the child’s initial detention, appear at a hearing before the court with the child to explain the reasons for continued detention; and

(ii) Every 14 days thereafter, appear at another hearing before the court with the child to explain the reasons for continued detention.

(2) A hearing required under this subsection may be waived one time on the consent of the court, the State’s Attorney, and counsel for the child.

(l) Within 10 days after a decision to detain a child under this subtitle in a facility used for detention, the Department of Juvenile Services shall submit a plan to the court for releasing the child into the community.
Md. Code, Financial Institutions § 3-208 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

A commercial bank may not do business until it receives from the Commissioner a certificate of authority to do business.
Md. Code, Corporations and Associations § 3-604 — MD Code / Article gca / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

This subtitle shall only apply to a Maryland corporation.
Md. Code, Agriculture § 3-301 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

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

(b) “Livestock” means cattle, swine, sheep, horses, asses, mules, or goats notwithstanding any other provision of this article.

(c) “Livestock dealer” means any person who engages in the business of selling, buying, exchanging, or transferring livestock at any place and at any time.

(d) “Livestock market” means an established location where livestock are offered for sale.

(e) “3–D livestock” means livestock that is unable to rise even with assistance (a “downer”), is debilitated, or is diseased.

(f) “Trucker or hauler” means a person who engages in the business of transporting livestock in trucks or other conveyances to or from a farm, a livestock auction, sales agency, or dealer’s premises.
Md. Code, Natural Resources § 3-305 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: reserved

(a) The expertise of the electric utilities in the basic requirements, including environmental considerations, of a site for power generation and generator lead route is a needed element in site selection. Therefore, for the purposes of ensuring adequate power on reasonable schedules while also protecting the quality of the State’s environment, site acquisition and generator lead route designation may occur as follows:

(1) Notwithstanding any other provision of this subtitle, any site either already owned or purchased in the future by electric companies shall be included in the inventory of possible and proposed sites.

(2) The Secretary, on the advice of the Secretary of Commerce, shall acquire in the name of the State a sufficient number of sites to satisfy the expected requirements as submitted by the Secretary of Planning and the Director of the Maryland Energy Administration, as provided in § 3–304(4) of this subtitle. Site selection shall be based on research findings that show the site is desirable for power plant construction. Following site acquisition, the Secretary and the local governing bodies of the areas through which the potential generator lead routes pass shall designate mutually one or more desirable routes. After designation of a route, each county within which the route is located shall designate the proposed public utility corridor by enactment of an ordinance or by incorporation in its appropriate land use plan. Any investigation to ascertain the suitability of a site for the construction of an electric generating station shall be completed within 2 years of the date the site has been identified. By the end of the 2 year period, the Secretary shall purchase or remove from consideration the site and make public his decision.

(3) Notwithstanding any other provision of this subtitle, the Secretary may acquire a site for an electric company if the Public Service Commission requests the Secretary to purchase a site under § 7–202 of the Public Utilities Article.

(4) If the Secretary decides to dispose of any property acquired by condemnation under this subsection, the Board of Public Works may transfer the property to another unit of the Executive Branch of State government in accordance with § 10–304 of the State Government Article.

(5) If the Secretary decides to dispose of any property acquired by condemnation under this subsection and the property is not transferred in accordance with paragraph (4) of this subsection, the Secretary shall provide the opportunity to purchase the property within 90 days from the date the offer is made:

(i) To the county where the property is located;

(ii) If the county rejects the offer, to the original owner of the property; and

(iii) If the original owner of the property cannot be found or is dead or rejects the offer, to the general public.

(6) For the purposes of this section, “site” means land which is reasonably necessary for a new site or for the expansion of an existing site owned by a utility. “Site” includes land necessary for such ancillary purposes as disposal of solid wastes produced by an electric generating station operating on the site, transmission or cooling water access, or transportation access.

(b) If the other requirements of this subtitle have been satisfied, the Secretary may acquire any site by agreement or condemnation under the condemnation law and pay for them from the Fund. Prior to such acquisition, the Secretary shall hold one or more informational meetings and one public hearing in the legislative district where the proposed site or sites are located. The Secretary holds the property in the name of the State and may not permit its temporary use for any purpose which might logically be expected to impede its prompt availability for power plant siting as and when needed. Temporary uses which the Secretary may authorize may include but are not limited to public recreational facilities, including open space areas, parks, forests and beaches, fish and wildlife refuges and other public recreational uses as authorized within this article. The Secretary may not hold, at any one time, more than eight sites, suitable for either single or multiple power plant siting.

(c) Fifty percent of all revenues the Secretary obtains through temporary use of sites shall be deposited in the Fund. The remaining 50 percent shall be paid to the county in which the site is situated. If the site lies within two or more counties, the 50 percent shall be distributed proportionally according to the area within each county. The Secretary shall pay from the Fund to the county an amount equal to the real estate taxes assessed on the land at the time of acquisition less any funds received by the county for any temporary use of the site.

(d) An electric company as defined in § 1–101 of the Public Utilities Article may request from the Secretary an appropriate site in his possession under the provisions of this subtitle, and the Secretary shall make the site available. The electric utility may purchase the site. The purchase price shall be the fair market value of the site as determined by a committee of three independent qualified real estate appraisers, one of whom is chosen by the Secretary, one by the electric company making the application, and the third by the two appraisers first selected. Each party compensates its own appraiser and bears one–half the cost of the third appraiser. Receipts from the purchase transactions shall be deposited in the Fund.

(e) (1) When property held in the name of the State under this section is not used for the purposes for which it is being held, the Secretary shall provide for the temporary use of the property. In providing for the temporary use of the property, the Secretary shall consider the recommendations of the local governing body of the subdivision in which the property is located.

(2) (i) The local governing body of the subdivision in which the property is located shall appoint an advisory committee to recommend temporary uses of the property acquired under this section. The advisory committee shall consider, with the assistance of the Conservation Education Council of Maryland, the possibility of using the property for environmental education.

(ii) Upon receipt and evaluation of the advisory committee’s recommendations, the local governing body in which the property is located shall submit its recommendations to the Secretary.

(3) (i) The Secretary shall provide the local subdivision in which the property is located up to $25,000 for development of an effective program for approved temporary uses of the property, as authorized in the annual budget.

(ii) The Secretary shall provide the local subdivision in which the property is located up to $10,000 annually for the operation of approved temporary uses, as authorized in the annual budget.

(f) (1) For the purposes of performing the duties required under this subtitle, or, upon written request from an electric company setting out the nature, extent, and duration of the work to be done, the Department, its agents, employees, and contractors may enter upon private property to collect data and otherwise conduct environmental and engineering studies related to potential sites for electric generating facilities, potential corridors for rail and pipeline access to electric generating facilities, and potential overhead transmission lines in excess of 69,000 volts. The studies may include the installation of meteorological testing equipment, biological sampling, soil borings, and installation of test wells.

(2) Entry onto private property as authorized by paragraph (1) of this subsection shall not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the Department may apply to the circuit court where the property or any part of it is located for an order directing that entry be permitted. “Bona fide effort” shall include either 30 days’ advance notice in writing by certified mail, return receipt requested, to the last known address of the property owner or posting notice on the property not less than 30 days in advance, or such other requirements as the court may deem appropriate.

(3) The Department shall reimburse the landowner or lessee who is farming the property for those agricultural products which are either destroyed or damaged by its agents, employees, or contractors. The Department shall be responsible for any other damages that may be incurred as a result of entry on private property as authorized by this section.
Md. Code, Agriculture § 3-118 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-118
§3–118.
Status: in_force

(a) A person may not willfully make a false statement to the Department as to:

(1) The identity of an animal;

(2) The location of an animal;

(3) The place of origin or destination of an animal; or

(4) The health status of an animal, including whether an animal is infected with or has been exposed to a contagious or infectious disease.

(b) A person may not willfully provide false information on any report to the Department or provide false information to any person completing any animal health certificate, any laboratory report, or other document pertaining to the health status of any animal.

(c) A person may not willfully alter any animal health certificate or report issued by a veterinarian, any laboratory, any agency of the State of Maryland or its political subdivisions, any agency of the United States or the several states, U.S. territories and the District of Columbia or any sovereign nation regarding the health of any animal entering, leaving, transiting, or residing in the State.

(d) A person may not knowingly possess any altered animal health certificate or animal health report or present to any party as genuine, an altered or invalid animal health certificate or report regarding the health of any animal entering, leaving, transiting, or residing in the State.

(e) A person may not willfully alter, damage, use, or attempt to use, with the intention to deceive, any animal cargo seal device, an animal or premises identification number, an animal or premises identification device, or an animal or premises registration document used in any animal health program of the Department.

(f) A person may not knowingly make false statements or misrepresentations of fact to the Department in the application for any animal health program license, permit, registration, certification, diagnostic service, or an application for participation in any other animal health program of the Department.

(g) A person may not willfully alter any license, permit, registration, certificate, laboratory or other report, order, sign, or any other completed document issued by the Department for the purpose of regulating or promoting animal health.

(h) A person may not knowingly possess or present to any party as genuine, an altered or invalid license, permit, registration, certificate, laboratory or other report, order, or any other completed document issued by the Department for the purpose of regulating or promoting animal health.
Md. Code, Criminal Procedure § 3-102 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

The Secretary of the Health Department shall adopt regulations to carry out the provisions of this title that relate to the Health Department.
Md. Code, Transportation § 3-508 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-508
§3–508.
Status: in_force

(a) The Department may issue bond anticipation notes under this subtitle, payable to the bearer or registered holder of the notes out of the first proceeds of the next sale of bonds.

(b) The resolution authorizing the issuance of bond anticipation notes may provide for the issuance of these notes in series, as funds are required, and for the renewal of these notes at maturity, with or without resale.

(c) The issuance of bond anticipation notes, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Department with respect to them are governed by the provisions of this subtitle relating to the issuance of the bonds in anticipation of the sale of which the notes are issued, insofar as those provisions may be applicable.
Md. Code, Financial Institutions § 3-312 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-312
§3–312.
Status: in_force

(a) If the Commissioner approves, a commercial bank may issue and sell debt instruments that are repayable on the terms and bear the rate of interest, if any, stated in the instruments.

(b) The issuance of a debt instrument does not impair the capital stock of a commercial bank if the amount of the debt instrument is represented by cash or sound assets that exceed the impairment determined by the Commissioner.

(c) The holder of a debt instrument is not subject to any liability imposed on stockholders under any law of this State.

(d) In the event of liquidation, a debt instrument is:

(1) Subordinate to the claims of any depositor or creditor; and

(2) Preferred to the claim of any stockholder.

(e) (1) Each holder of a debt instrument has the voting rights that the charter provides and the Commissioner approves.

(2) A reference in this article to a required vote of the holders of the capital stock of a commercial bank includes holders of debt instruments to the extent that they are entitled to vote under this subsection.

(f) Before a commercial bank retires or pays any debt instrument:

(1) It shall obtain the approval of the Commissioner; and

(2) Any existing deficit in its capital, disregarding any debt instrument to be retired, shall be paid in cash so that the sound capital assets of the commercial bank are at least equal to its capital stock.
Md. Code, Election Law § 3-203 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

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

(2) (i) “Applicable transaction” means:

1. at the Motor Vehicle Administration, an initial application for or renewal of a driver’s license or identification card, or a change of name or address on an existing driver’s license or identification card, or any other transaction in which the Motor Vehicle Administration obtains all of the information from an applicant that satisfies the requirements to register to vote;

2. at the Maryland Health Benefit Exchange, any application for or renewal of health insurance coverage;

3. at a local department of social services, an initial application for a State or federally funded public assistance program or an application for a recertification, renewal, or change of name or address relating to a State or federally funded public assistance program; or

4. at the Mobility Certification Office in the Maryland Transit Administration, an initial application for paratransit service or an application for recertification for paratransit service.

(ii) “Applicable transaction” includes any transaction described in subparagraph (i) of this paragraph that is completed online.

(3) “Automatic voter registration agency” means:

(i) the Motor Vehicle Administration;

(ii) the Maryland Health Benefit Exchange;

(iii) local departments of social services; and

(iv) the Mobility Certification Office in the Maryland Transit Administration.

(4) “Automatic voter registration system” means a system that, as an integral part of each applicable transaction at an automatic voter registration agency:

(i) informs an applicant:

1. that the applicant shall be registered to vote or shall have a voter registration record updated, if applicable, unless the applicant declines to register to vote or update a voter registration record or if the applicant is not eligible to register to vote;

2. of the qualifications to register to vote under § 3–102 of this title;

3. that the applicant should not register if the applicant does not meet all the qualifications;

4. of the penalties for the submission of a false application; and

5. that voter registration is voluntary and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits;

(ii) requires the electronic signature of the applicant, subject to the penalties for perjury, by which the applicant attests that the information provided by the applicant is true and that the applicant meets all the qualifications to become a registered voter, including United States citizenship; and

(iii) electronically transmits the voter registration information of each applicant who does not decline to register to vote or update a voter registration record directly to the State Board:

1. in a manner and format specified jointly by the automatic voter registration agency and the State Board; and

2. within 5 days of the applicable transaction.

(5) “Local department of social services” means:

(i) the local departments of social services in the Department of Human Services; and

(ii) the Montgomery County Department of Health and Human Services.

(b) (1) Except as provided in paragraph (2) of this subsection, an automatic voter registration agency shall implement an automatic voter registration system on or before July 1, 2019.

(2) A local department of social services shall implement an automatic voter registration system on or before December 1, 2019.

(c) An automatic voter registration system:

(1) may not require any information that duplicates the information required to complete an applicable transaction;

(2) shall require only the minimum amount of information necessary for both an applicable transaction and a voter registration to:

(i) prevent duplicate voter registration; and

(ii) enable election officials to review the eligibility of an applicant and to administer voter registration and other aspects of the election process; and

(3) shall inform an applicant that if the applicant does not select a political party affiliation, the individual will be designated as not affiliated with a political party and will be unable to vote in a party primary election.

(d) An agent of an automatic voter registration agency who is responsible for carrying out the requirements of this section may not:

(1) seek to influence an applicant’s political preference or party registration;

(2) display any political preference or party allegiance; or

(3) make any statement to an applicant or take any action the purpose or effect of which is to:

(i) discourage the applicant from registering to vote; or

(ii) lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(e) The State Board shall ensure that each individual whose voter registration information is transmitted to the State Board through an automatic voter registration system is promptly registered to vote.

(f) If the State Board receives notice from an individual that the individual was inadvertently registered to vote through an automatic voter registration agency after declining to register to vote, the State Board shall correct the error in accordance with § 3–601.1 of this title.

(g) Voter registration information or information relating to the decision of an applicant at an automatic voter registration agency to decline to register to vote may not be used for any purpose other than the maintenance of registration statistics, election administration, or prosecution of criminal violations of the election law.

(h) Notwithstanding § 3–501 of this title and § 4–401 of the General Provisions Article, the identity of an automatic voter registration agency through which a particular voter has registered may not be disclosed to the public.

(i) The State Board may adopt regulations as necessary to implement this section.

(j) (1) Each automatic voter registration agency shall:

(i) on or before July 1, 2019, submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Committee on Education, Energy, and the Environment and the House Committee on Ways and Means that describes:

1. the efforts of the automatic voter registration agency to register voters in the preceding calendar year; and

2. the implementation of an automatic voter registration system; and

(ii) on or before January 1, 2020, and January 1 each subsequent year, submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Committee on Education, Energy, and the Environment and the House Committee on Ways and Means that describes:

1. the number of individuals who completed an applicable transaction in the preceding calendar year at the automatic voter registration agency and the number of those individuals who registered to vote or updated a voter registration record; and

2. any efforts the automatic voter registration agency plans to make to improve the efficiency and effectiveness of the voter registration process at the agency.

(2) The Department of Human Services shall consolidate and submit the reports required under paragraph (1)(i) and (ii) of this subsection as a single document on behalf of all the local departments of social services.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.6 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.6
§3–8A–19.
Status: in_force

§3–8A–19.6.

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

(2) “Good cause” includes a child having two or more unexcused absences from a treatment program that the child is ordered to attend as a condition of probation, unless the child has substantially completed the treatment program.

(3) “Technical violation” means a violation of probation that does not involve:

(i) An arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer;

(ii) A violation of a criminal prohibition, or an act that would be a violation of a criminal prohibition if committed by an adult, other than a minor traffic offense;

(iii) A violation of a no–contact or stay–away order; or

(iv) Absconding.

(b) This section does not apply to an offense committed by a child that, if committed by an adult, would be a felony and a crime of violence under § 14–101 of the Criminal Law Article.

(c) The court may not place a child on probation for a term exceeding that provided in this section.

(d) (1) Except as provided in paragraph (2) of this subsection, if the most serious offense committed by a child would be a misdemeanor if committed by an adult, the court may place the child on probation for a period not exceeding 1 year.

(2) Subject to paragraph (3) of this subsection, the court may, after a hearing, extend the probation by periods not exceeding 3 months if the court finds that:

(i) There is good cause to extend the probation; and

(ii) The purpose of extending the probation is to ensure that the child completes a treatment or rehabilitative program or service.

(3) The total period of the probation, including extensions of the probation, may not exceed 2 years.

(e) (1) Except as provided in paragraph (2) of this subsection, if the most serious offense committed by a child would be a felony if committed by an adult, the court may place the child on probation for a period not exceeding 2 years.

(2) (i) Subject to paragraph (3) of this subsection, the court may, after a hearing, extend the probation by periods not exceeding 3 months if the court finds that:

1. There is good cause to extend the probation; and

2. The purpose of extending the probation is to ensure that the child completes a treatment or rehabilitative program or service.

(ii) Except as provided in paragraph (3) of this subsection, if the probation is extended under this paragraph, the total period of the probation may not exceed 3 years.

(3) (i) Subject to subparagraph (ii) of this paragraph, the court may extend the period of the probation for a period of time greater than the period described in paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and convincing evidence that:

1. There is good cause to extend the probation; and

2. Extending the probation is in the best interest of the child.

(ii) If the probation is extended under this paragraph, the total period of probation, including extensions under paragraph (2) of this subsection, may not exceed 4 years.

(f) Notwithstanding any other provision of this section, if a child is found to have committed a violation of probation, except for a technical violation, a court may, after a hearing, place the child on a new term of probation for a period that is consistent with the period of probation that may be imposed under this section for the delinquent act for which the child was originally placed on probation.
Md. Code, Economic Development § 3-408 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) There is a Partnership for Workforce Quality Advisory Board in the Department.

(b) The Board shall advise the Secretary.
Md. Code, Education § 3-701 — MD Code / Article ged / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

(a) (1) The Howard County Board consists of:

(i) Seven elected members; and

(ii) One student member.

(2) The seven elected members shall be elected as follows:

(i) One member from each of the five councilmanic districts in the county, elected by the voters of that district; and

(ii) Two members at large, elected by the voters of the county.

(b) (1) A candidate who becomes an elected member of the county board shall be a resident and registered voter of Howard County.

(2) (i) Any elected member who no longer resides in Howard County may not continue as a member of the board.

(ii) Any member elected from a councilmanic district who no longer resides in that district may not continue as a member of the board.

(3) If the boundary line of a Howard County Council District is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during this term.

(c) The seven elected members of the Howard County Board shall be elected:

(1) Beginning in 2020, at the general election every 2 years as required by subsection (d) of this section; and

(2) As specified in subsection (a) of this section.

(d) (1) (i) The terms of the elected members are staggered as provided in this subsection.

(ii) Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.

(2) (i) 1. The term of office of each member elected from a councilmanic district, beginning at the 2020 election, is 4 years.

2. The term of office of each member elected at large, beginning at the 2022 election, is 4 years.

(ii) The successors to the offices elected at the 2020 and 2022 elections, respectively, shall serve for a term of 4 years.

(3) Except as provided in paragraph (4) of this subsection and subject to the confirmation of the County Council, the County Executive of Howard County shall appoint a qualified individual to fill any vacancy for an elected member on the county board for the remainder of that term and until a successor is appointed and qualifies.

(4) If a vacancy for an elected member occurs before the date that is 1 year following the date of the member’s election, the individual appointed under paragraph (3) of this subsection shall serve only until a successor is elected by the voters at the next general election.

(5) Candidates for the vacated office may be nominated at a primary election in the same manner as for any other position on the county board.

(6) The candidate receiving the vacated position shall take office on the first Monday in December after the election and shall continue to serve for the remainder of the vacated term and until a successor is elected and qualifies.

(7) Except as provided in this subsection, an election to fill a vacancy on the Howard County Board of Education shall be governed by §§ 8–801 through 8–806 of the Election Law Article.

(e) When making an appointment to the county board, the County Executive of Howard County shall endeavor to ensure that the county board reflects the race, gender, and ethnic diversity of the population of Howard County.

(f) (1) The student member shall be a bona fide resident of Howard County and a regularly enrolled junior or senior year student from a Howard County public high school.

(2) The student member shall serve for a term of 1 year beginning on July 1 after the member’s election, subject to confirmation of the election results by the county board.

(3) The nomination and election process for the student member:

(i) Shall be approved by the Howard County Board of Education;

(ii) Shall include a provision that provides for the replacement of one or both of the final candidates if one or both of them are unable, ineligible, or disqualified to proceed in the election; and

(iii) Shall allow for any student in grades 6 through 11 enrolled in a Howard County public school to vote directly for one of the two student member candidates.

(4) The student member candidate who receives the second highest number of votes in the direct election:

(i) Shall become the alternate student member; and

(ii) Shall serve if the student member who is elected is unable, ineligible, or disqualified to complete the student member’s term of office.

(5) Except as provided in paragraphs (6) and (7) of this subsection, the student member has the same rights and privileges as an elected member.

(6) Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend a closed session addressing a matter on which a student member is prohibited from voting under paragraph (7) of this subsection.

(7) The student member shall vote on all matters except those relating to:

(i) Geographical attendance areas under § 4–109 of this article;

(ii) Acquisition and disposition of real property and matters pertaining to school construction under § 4–115 of this article;

(iii) Employment of architects under § 4–117 of this article;

(iv) Donations under § 4–118 of this article;

(v) Condemnation under § 4–119 of this article;

(vi) Consolidation of schools and transportation of students under § 4–120 of this article;

(vii) Appointment and salary of a county superintendent under §§ 4–201 and 4–202 of this article;

(viii) Employee discipline and other appeals under § 4–205(c) of this article;

(ix) Budgetary matters under Title 5 of this article;

(x) Appointment and promotion of staff under § 6–201 of this article;

(xi) Discipline of certificated staff under § 6–202 of this article;

(xii) Collective bargaining for certificated employees under Title 6, Subtitle 4 of this article;

(xiii) Collective bargaining for noncertificated employees under Title 6, Subtitle 5 of this article; and

(xiv) Student suspension and expulsion under § 7–305 of this article.

(8) The student member may not receive compensation but, after submitting expense vouchers, shall be reimbursed for out–of–pocket expenses incurred in connection with official duties, in accordance with the procedures and regulations established by the county board.

(g) Passage of a motion by the county board requires the affirmative vote of:

(1) Five members if the student member is authorized to vote; or

(2) Four members if the student member is not authorized to vote.

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

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

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

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

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

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

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Howard County.
Md. Code, Natural Resources § 3-905 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-905
§3–905.
Status: reserved

(a) Except as provided in § 3–907.1 of this subtitle, the Authority is granted and has and may exercise all powers necessary for carrying out the purposes of this subtitle, including but not limited to, the following rights and powers:

(1) To have perpetual existence as a corporation;

(2) To adopt bylaws, rules, regulations, policies, and procedures for the regulation of its affairs and the conduct of its business;

(3) To adopt an official seal and alter the same at pleasure;

(4) To maintain an office or offices at such place or places as it may designate;

(5) To appoint officers, agents and employees, and to prescribe their duties and to fix their compensation as set forth in this subtitle;

(6) To sue and be sued in its own name;

(7) To acquire, construct, reconstruct, rehabilitate, improve, maintain, equip, lease (as lessor or as lessee), repair, and operate projects within or without the State of Maryland and to establish reasonable rules and regulations relating to any project;

(8) To acquire, purchase, hold, lease as lessee, and use any franchise, patent or license and any property (real, personal or mixed or tangible or intangible), or any interest therein, necessary or convenient for carrying out the purposes of the Authority;

(9) To sell, lease as lessor, transfer, and dispose of any property or interest therein at any time acquired by it;

(10) To acquire, either directly or by or through any person or political subdivision, by purchase or by gift or devise such lands, structures, property (real or personal) rights, rights–of–way, franchises, easements and other interests in lands, including lands lying under water and riparian rights which are located within or without the State as it may deem necessary or convenient for the construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon by it and the owner thereof, and to take title thereto in the name of the Authority;

(11) To borrow money and to issue bonds for the purpose of paying all or any part of the cost of any one or more projects or for any other corporate purpose of the Authority; to secure the payment of such borrowing or any part thereof by pledge of or mortgage or deed of trust on all or any part of its properties or revenues; to combine projects for financing or operating purposes; to make agreements with or for the benefit of the purchasers or holders of bonds or with others in connection with the issuance of any such bonds, whether issued or to be issued, as the Authority may deem advisable; and in general to provide for the security of such bonds and the rights of the holders thereof;

(12) To take and hold title to any project which may be transferred to the Authority, and to assume jurisdiction over and provide for the maintenance and operation of said project, all on such terms as may be mutually agreed upon between the Authority and the transferor. The Authority may contract with any subdivision to assume the payment of the principal of and interest on obligations or indebtedness of such subdivision incurred in connection with any project and may undertake to operate any project in such a manner as to provide for the payment of all outstanding obligations or indebtedness applicable to such project and the interest thereon and to transfer to the appropriate subdivision an amount equal to the debt service payments prior to the applicable payment date;

(13) To fix and revise from time to time and to collect rates, rentals, fees, and charges for the use of or for services and facilities provided or made available by the Authority;

(14) To make and enter into contracts with the federal or any state government (or any agency, instrumentality or subdivision thereof) or with any subdivision or person within or without the State of Maryland providing for or relating to the acquisition, construction, management, operation, and maintenance of any project or the furnishing of services by or to any project or in connection with the services of any project owned, operated, or controlled by the other contracting party; such contracts may make provision for:

(i) The payment by the other contracting party to the Authority of a fixed amount for the collection, processing, or disposal of a stated amount of waste (whether or not the stated amount of waste is collected, processed or disposed of), or of all or any portion of the operating expenses of one or more projects;

(ii) The utilization by the other contracting party of one or more projects for the processing or disposal of all or any portion of waste over which such party has control;

(iii) The collection by the other contracting party or its agents or by agents of the Authority of fees, rates or charges for the services and facilities rendered to a subdivision or the inhabitants thereof, and for the enforcement of delinquent charges for such services and facilities; or

(iv) The abandonment or restriction or prohibition of the construction or operation of competing facilities. The provisions of any such contract with a subdivision shall be deemed to be for the benefit of bondholders as designated by the Authority and may be made irrevocable so long as any bonds of the Authority secured by such contract shall be outstanding;

(15) To make and enter into all contracts or agreements which the Authority determines are necessary or incidental to the performance of its duties and to the execution of the purposes of and the powers granted by this subtitle, including (without limitation) contracts relating to:

(i) The use or management by the other contracting party of any project or the services therefrom or the facilities thereof;

(ii) The use by the Authority of the services or facilities of any project owned, leased, operated or controlled by the other contracting party;

(iii) The sale of any fuel, steam, electricity, energy, or other material or resource derived from the operation of any project;

(iv) The acceptance, processing and disposal of wastes by one or more projects; or

(v) The employment or retention of consulting and other engineers, superintendents, financial advisors, attorneys, accountants, and such other employees, advisors or agents as in the judgment of the Authority may be deemed necessary or desirable;

(16) To enter with the permission of the owner upon lands, waters, or premises for the purpose of making surveys, soundings, borings, and examinations to accomplish any purpose authorized by this subtitle, the Authority being liable for any actual damage done;

(17) To make application for, receive and accept from the federal or any state government (or any agency, instrumentality, or subdivision thereof) or from any person grants relating to the Authority or any project, including (without limitation) grants for or in aid of the planning, financing, construction, acquisition, maintenance, or operation of any project; to receive and accept aid or contributions from any source, whether in the form of money or property, labor, or other things of value; and to participate in any price support program, loan program or other program of the federal or State government relating to waste disposal, resource recovery or energy generation;

(18) To make rules and regulations pertaining to the Authority and projects, which rules and regulations may (without limitation) exclude or require preconditioning of any waste that might otherwise be harmful to the project or its efficient operation or endanger the health or safety of workers or others;

(19) To enter into agreements with the Maryland Environmental Service providing for the assumption by the Maryland Environmental Service of such activities of the Authority as the Authority may deem necessary or desirable to effectuate its purposes, including agreements relating to the exchange of information between the Authority and the Maryland Environmental Service, the sharing of planning resources, the provision by the Maryland Environmental Service of personnel, consulting services and technical assistance to the Authority, and the acquisition, construction, supervision, operation or maintenance of one or more projects by the Maryland Environmental Service; and

(20) To do all things necessary to carry out its purposes and for the exercise of the powers granted in this subtitle.

(b) Anything in this subtitle to the contrary notwithstanding, the Authority does not have any power to acquire, construct, operate, finance, or otherwise provide any project located outside the boundaries of the participating counties and within the State of Maryland unless:

(1) The project is included in a service region plan adopted and approved pursuant to § 3-106 of this title; and

(2) The project is consistent with any plan which has been adopted by the subdivision in which the project is to be located and which has been approved by the Department of the Environment pursuant to Title 9 of the Environment Article.
Md. Code, Transportation § 3-208 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

(a) The Department from time to time may issue its refunding bonds for refunding any consolidated transportation bonds or bonds of prior issues.

(b) The powers granted and limitations imposed in this subtitle as to the issuance of consolidated transportation bonds also apply to the issuance of refunding bonds.

(c) The State Treasurer shall segregate and set apart the proceeds of the sale of any refunding bonds in a separate trust fund to be used only to pay the purchase or redemption prices of the bonds to be refunded.
Md. Code, Commercial Law § 3-312 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-312
§3–312.
Status: in_force

(a) In this section:

(1) “Check” means a cashier's check, teller's check, or certified check.

(2) “Claimant” means a person who claims the right to receive the amount of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen.

(3) “Declaration of loss” means a written statement, made under penalty of perjury, to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier's check or teller's check, (iii) the loss of possession was not the result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

(4) “Obligated bank” means the issuer of a cashier's check or teller's check or the acceptor of a certified check.

(b) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if (i) the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier's check or teller's check, (ii) the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and (iv) the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:

(1) The claim becomes enforceable at the later of (i) the time the claim is asserted, or (ii) the 90th day following the date of the check, in the case of a cashier's check or teller's check, or the 90th day following the date of the acceptance, in the case of a certified check.

(2) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller's check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.

(3) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.

(4) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to § 4-302(a)(1), payment to the claimant discharges all liability of the obligated bank with respect to the check.

(c) If the obligated bank pays the amount of a check to a claimant under subsection (b)(4) and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid, or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.

(d) If a claimant has the right to assert a claim under subsection (b) and is also a person entitled to enforce a cashier's check, teller's check, or certified check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this section or § 3-309.
Md. Code, Education § 3-801 — MD Code / Article ged / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: reserved

(a) The Kent County Board consists of:

(1) Five voting members; and

(2) One nonvoting student member.

(b) (1) A candidate elected to the county board shall be a resident and registered voter of Kent County.

(2) Any member who no longer resides in Kent County may not continue as a member of the board.

(c) (1) The incumbent voting members of the Kent County Board who hold office on July 1, 2010, shall hold office until their successors are elected and qualify.

(2) Voting members of the Kent County Board shall be elected from Kent County at large as follows:

(i) Two voting members of the county board shall be elected in the November general election of 2012 and every 4 years thereafter; and

(ii) Three voting members of the county board shall be elected in the November general election of 2014 and every 4 years thereafter.

(d) (1) The student member shall:

(i) Be a bona fide resident of Kent County;

(ii) Be a regularly enrolled junior or senior at the Kent County public high school elected by the high school students of the county in accordance with paragraph (2) of this subsection;

(iii) Be a member of student government;

(iv) Serve for 1 year beginning on July 1 after the election of the student member; and

(v) Advise the county board on the thoughts and feelings of students in the Kent County public schools.

(2) (i) The process for applying and electing a student as a student member shall be as set forth in this paragraph.

(ii) 1. An eligible student shall submit an application to the county board on a form provided by the county board beginning on January 1 of each year.

2. Each applicant shall deliver a speech to the student body of Kent County High School.

(iii) 1. Any high school student in the county may vote directly for the student member candidates in an election held before May 1 each year.

2. The student member candidate that receives the highest number of votes shall become the student member.

(iv) Notice of the results of the election for student member shall be reported to the County Superintendent on or before May 1 each year.

(3) If the student member is unable, ineligible, or disqualified to complete the student member’s term of the office, the county board shall appoint a qualified student to serve for the remainder of the term.

(4) The student member shall attend:

(i) The Maryland Association of Boards of Education new student board member orientation; and

(ii) All regular meetings of the county board.

(5) The student member may not attend an executive session of the county board.

(e) (1) (i) Each voting member serves for a term of 4 years beginning on January 1 after his election and until a successor is elected and qualifies.

(ii) The terms of members are staggered and elections shall be held as provided in subsection (c) of this section.

(2) Any vacancy on the county board of a voting member shall be filled by a qualified individual appointed by the County Commissioners of Kent County to serve until a successor is elected and qualifies at the general election next following the creation of the vacancy and for which the deadline for the filing of candidates has not expired.

(3) An individual may serve for more than 2 consecutive terms.

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

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

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

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

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

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

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Kent County.
Md. Code, Labor and Employment § 3-1406 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1406
§3–1406.
Status: in_force

(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:

(1) try to resolve informally by mediation any issue involved in the violation; or

(2) ask the Attorney General to bring an action on behalf of the eligible employee.

(b) The Attorney General may bring an action under this section for injunctive relief, damages, or other relief in the county where the violation allegedly occurred.
Md. Code, Education § 3-3A-04 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-04
§3–3A–04.
Status: in_force

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

(b) In the event of a vacancy in the office of president or vice president of the county board, the voting members of the county board shall elect a new officer to fill the vacancy within 30 days after the vacancy occurs.
Md. Code, Public Safety § 3-217 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-217
§3–217.
Status: in_force

An individual may not serve as a police officer when the certification of the police officer has lapsed or has been suspended or revoked by the Commission.
Md. Code, Correctional Services § 3-302 — MD Code / Article gcs / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

The Commissioner has the same powers and duties relating to a prerelease unit for women as the Commissioner has for any other correctional facility in the Division.
Md. Code, Education § 3-301 — MD Code / Article ged / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) The Calvert County Board consists of five voting members and one nonvoting student member.

(b) The five voting members of the Calvert County Board shall be elected at a general election as required by subsections (d) and (f) of this section.

(c) (1) (i) A member from a county commissioner district shall be a resident of the district.

(ii) A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.

(2) (i) A member from the county at large shall be a resident of the county.

(ii) A member at large who no longer resides in the county may not continue as a member of the county board.

(3) A member of the county board shall be a registered voter of the county for at least 2 years prior to the date of the beginning of the term of office of the member.

(d) Of the five voting members of the county board:

(1) One shall be elected from each of the three county commissioner districts; and

(2) Two shall be elected from the county at large.

(e) (1) Except for the student member, a member serves for a term of 4 years beginning January 1 after the election of the member and until a successor is elected and qualifies.

(2) The County Commissioners shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.

(3) (i) Unless otherwise disqualified under this section, a member of the county board is eligible for reelection.

(ii) An individual may not serve for more than three consecutive terms.

(f) (1) One member shall be elected from each of the county commissioner districts at the November, 1996 general election.

(2) Two members shall be elected from the county at large at the November, 1996 general election.

(3) The terms of members are staggered as provided in subsection (i) of this section.

(g) (1) The terms of the interim incumbent members of the county board who hold office on October 1, 1995 shall expire on January 1, 1997.

(2) The members elected under the provisions of subsection (f) of this section shall be elected to replace the members of the county board serving on the board on the date of the election.

(h) (1) The student member shall:

(i) Be an eleventh or twelfth grade student in the Calvert County public school system elected by the high school students of the county in accordance with procedures established by the school system;

(ii) Serve for 1 year beginning on June 1;

(iii) Be a nonvoting member; and

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

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

(i) The terms of the members of the county board who take office on January 1, 1997 shall expire as follows:

(1) The members elected from each of the county commissioner districts in 2000; and

(2) The members elected from the county at large in 2002.
Md. Code, Land Use § 3-304 — MD Code / Article glu / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) Subject to subsection (b) of this section, a local jurisdiction shall include in its comprehensive plan any plan element required under Subtitle 1 of this title in accordance with the review schedule for the local jurisdiction under § 3–303 of this subtitle.

(b) On request of a local jurisdiction and for good cause, the Department of Planning may extend the deadline under subsection (a) of this section for that local jurisdiction by no more than two 6–month extensions.

(c) A local jurisdiction that is not in compliance with this section after the deadline under subsection (a) of this section or after the expiration of any extension granted under subsection (b) of this section, may not change the zoning classification of a property until that local jurisdiction has complied with this section.
Md. Code, Labor and Employment § 3-420 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-420
§3–420.
Status: in_force

(a) Except as otherwise provided in this section, an employer shall compute the wage for overtime under § 3-415 of this subtitle on the basis of each hour over 40 hours that an employee works during 1 workweek.

(b) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not a nonprofit organization and is a concert promoter, legitimate theater, music festival, music pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in subsection (a) of this section.

(c) The wage for overtime may be computed on the basis of each hour over 60 hours that an employee works during 1 workweek for an employee who:

(1) is engaged in agriculture; and

(2) is exempt from the overtime provisions of the federal Act.

(d) The wage for overtime may be computed on the basis of each hour over 48 hours that an employee works during 1 workweek:

(1) for an employee of a bowling establishment; and

(2) for an employee of an institution that:

(i) is not a hospital; but

(ii) is engaged primarily in the care of individuals who:

1. are aged, intellectually disabled, or sick or have a mental disorder; and

2. reside at the institution.
Md. Code, Labor and Employment § 3-1607 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1607
§3–1607.
Status: in_force

(a) The Commissioner shall enter a place of employment to:

(1) question employees to determine whether an employer has been and is complying with this subtitle and regulations adopted to carry out this subtitle;

(2) inspect and copy each record that an employer keeps on wages and hours of employees; and

(3) require each employer to:

(i) attest to the truthfulness of each record that is copied and to sign the copy; or

(ii) at the option of the employer, submit a complete written statement about the wages, hours, name, and address of each employee, on forms that the Commissioner provides or approves.

(b) Each record or statement that the Commissioner or an authorized representative of the Commissioner obtains under subsection (a) of this section is confidential and may be shown only to the Commissioner or a court.
Md. Code, Labor and Employment § 3-709 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-709
§3–709.
Status: in_force

An employee has the duties and rights set forth:

(1) with respect to jury service in a circuit court of this State, in Title 8 of the Courts Article; and

(2) with respect to jury service in a federal court, in 28 U.S.C. § 1861 et seq.
Md. Code, Estates and Trusts § 3-412 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

(a) (1) On the final payment of an elective share, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, as appropriate, shall file with the register for the county in which the election under § 3–403 of this subtitle is filed a signed statement, which has been verified by the surviving spouse, stating the value of the elective share and that the elective share has been paid in full.

(2) On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, or the person responsible for filing the estate tax return, the register shall redact from the statement filed in accordance with paragraph (1) of this subsection the value of the elective share.

(b) (1) On the request of the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, any payor of any portion of the elective share, or any other person having an interest in the assets from which the elective share has been paid, the register shall certify in writing the accuracy of the calculation and payment of the elective share.

(2) If a certification is requested under this subsection, the surviving spouse, the personal representative of the decedent, the trustee of any revocable trust of the decedent, the person responsible for filing the estate tax return, and any payor of any portion of the elective share shall deliver to the register any information and documentation that the register may deem necessary to verify the accurate calculation of the elective share and the payment of the elective share in full.

(3) The register may not disclose any information or documentation submitted to the register in accordance with paragraph (2) of this subsection.
Md. Code, Real Property § 3-401 — MD Code / Article grp / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) Notices of liens on real property for obligations payable to the United States, and certificates and notices affecting the liens shall be filed in the office of the clerk of the circuit court of the county in which the real property subject to the liens is situated.

(b) Notices of liens on tangible or intangible personal property for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in the State, as these entities are defined in the Internal Revenue Code, in the office of the clerk of the circuit court for the county where the principal executive office is located; or

(2) In all other cases, in the office of the clerk of the circuit court of the county where the person resides at the time of filing of the notice of lien.
Md. Code, Health Occupations § 3-204 — MD Code / Article gho / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

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

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

(c) In accordance with the budget of the Board, each member of the Board is entitled to:

(1) Compensation for each day on which the member is engaged in the duties of the member’s office; and

(2) Reimbursement for expenses at a rate determined by the Board.

(d) (1) The Board and the State Board of Massage Therapy Examiners may employ a staff in accordance with the budgets of the boards.

(2) The Board and the State Board of Massage Therapy Examiners jointly shall appoint a staff member as the executive director, who serves at the pleasure of both boards.

(3) The executive director:

(i) Is the executive director of both boards; and

(ii) Has the powers and duties assigned by the boards.
Md. Code, State Government § 3-206 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) (1) Any State employee may be assigned to the office staff of the Governor-elect.

(2) During that assignment, the employee:

(i) is responsible only to the Governor-elect for the performance of duties;

(ii) is entitled to the compensation provided by law for the regular employment of the employee; and

(iii) retains the rights and privileges of that employment.

(b) (1) In addition to any State employee assigned under subsection (a) of this section, a Governor-elect may appoint other office staff.

(2) An individual who is appointed under this subsection is not a regular employee of the State government.
Md. Code, Courts and Judicial Proceedings § 3-1103 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1103
§3–1103.
Status: in_force

(a) (1) A motor carrier that is at fault and causes a traffic accident that results in a spill or discharge of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident.

(2) A person in control of a fixed facility who is at fault and who is involved in a release or threatened release of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the release or threatened release.

(b) (1) If the negotiations under subsection (a)(1) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the motor carrier in a court of competent jurisdiction in the State.

(2) If the negotiations under subsection (a)(2) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the person in control in a court of competent jurisdiction in the State.

(c) At the request of a volunteer fire company, a local jurisdiction may file suit under this subtitle on behalf of the volunteer fire company.

(d) If a volunteer fire company is awarded damages under this subtitle, the court may also award reasonable attorney’s fees.
Md. Code, State Finance and Procurement § 3-602 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) The Department shall study each capital project proposed by any unit of the State government.

(b) Except for a capital project designated as an emergency by the unit of the State government proposing the project, any unit of the State government requesting a capital project shall submit its request to the Department on or before June 30 of the fiscal year preceding the fiscal year in which the capital project is to begin.

(c) Each request for a capital project by a unit of the State government, including the University System of Maryland, St. Mary’s College of Maryland, and Morgan State University, shall include a detailed list of all proposed expenditures for capital improvements to be funded from grants or nonbudgeted revenues.

(d) (1) Before an appropriation may be authorized for preliminary planning of a proposed capital project:

(i) the unit of the State government requesting the appropriation shall submit to the Department a program describing, in detail, the scope and purpose of the project; and

(ii) the Secretary of Budget and Management must approve the program.

(2) Before an appropriation may be authorized for construction of a proposed capital project:

(i) the unit of State government requesting the appropriation shall submit to the Departments of Budget and Management and General Services a detailed design program, which shall include all information required by the Departments; and

(ii) both the Secretary of Budget and Management and the Secretary of General Services must approve the detailed design program.

(e) Except with the approval of the Secretary of Budget and Management and the Secretary of General Services, no change may be made in any proposed capital project after the preliminary plan for that project has been completed and approved.

(f) (1) This subsection applies only to capital projects that involve construction of permanent or long-time duration.

(2) When the request for an appropriation for a capital project is submitted to the General Assembly, the unit of the State government that would receive the capital project or a State officer on behalf of the unit shall submit to the General Assembly:

(i) preliminary plans and outline specifications for the project that show the size, the type of construction, and the arrangement of each building; and

(ii) a statement on the sufficiency of the proposed appropriation to pay fully for the costs of that project.

(g) Total project funding may utilize alternative construction methods, such as:

(1) design/build which involves a single solicitation to design and build the facility; or

(2) “fast track” in which design and construction are implemented concurrently.

(h) A request for total project funding may be authorized jointly by the Secretaries of Budget and Management and General Services if:

(1) (i) the planning, design, construction, and equipment funds for the project have been authorized and itemized in the State budget bill or a supplementary appropriation bill; or

(ii) the Secretaries make a determination, supported in writing and submitted to the Legislative Policy Committee of the General Assembly and the Board of Public Works, that:

1. total project funding is time critical and will result in significant cost savings;

2. there is compelling reason why the procedure required in this paragraph cannot be adopted; and

3. circumstances necessitate that consideration of the total project funding occur during the legislative interim, rather than during the legislative session; and

(2) (i) the total project funding request has been submitted to the Legislative Policy Committee for its review and comment;

(ii) written comment from the Legislative Policy Committee has been received or 45 days have elapsed after the Legislative Policy Committee has received the request and all supporting information; and

(iii) the request has been approved by the Board of Public Works.

(i) The submissions and approvals required by subsections (b) through (h) of this section are not required in connection with any capital project funded by the Transportation Trust Fund.

(j) “Total project funding” means the funding for the planning, design, construction, and equipment of a capital project through a single appropriation or authorization or through a proposed capital lease.

(k) “Capital lease” means any lease, defined as a capital lease in accordance with generally accepted accounting principles, that is used to finance the acquisition, purchase, construction, and any related renovation or alteration of real property that is the subject of a capital project.
Md. Code, Courts and Judicial Proceedings § 3-2008 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2008
§3–2008.
Status: in_force

A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by State law other than in this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-408.1 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-408.1
§3–408.
Status: in_force

§3–408.1.

(a) In this section, “Commissioner”, “land”, and “patent” have the same meanings as provided in Title 13 of the Real Property Article.

(b) A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under § 13-407 of the Real Property Article. The party filing for the declaratory judgment shall attach as exhibits copies of any relevant material filed with the Commissioner.

(c) The declaration shall be made according to the provisions of this subtitle and Title 13 of the Real Property Article. The declaratory judgment may be appealed as provided in this article and the Maryland Rules.

(d) The declaration of the court shall be binding on all of the land, regardless of whether some of the land is located in a county other than where the court is located.
Md. Code, Real Property § 3-705 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

In applying and construing this subtitle, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws substantially similar to this subtitle.
Md. Code, Education § 3-13A-02 — MD Code / Article ged / Title 3 / Subtitle 13A / Section 3-13A-02
§3–13A–02.
Status: in_force

(a) The seven elected members of the Wicomico County Board shall be elected:

(1) At the general election in 2018 and at the general election every 4 years thereafter; and

(2) In accordance with § 3–13A–01 of this subtitle and Title 8, Subtitle 8 of the Election Law Article.

(b) (1) The terms of the elected members are as provided in this subsection.

(2) Each term of office begins on the first Monday in December after the election of a member and until a successor is elected and qualifies.

(3) The term of office of each member is 4 years.
Md. Code, Transportation § 3-204 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) (1) Consolidated transportation bonds shall be executed on behalf of the Department by the manual or facsimile signature of the Secretary.

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

(b) If an individual whose manual or facsimile signature appears on any consolidated transportation bond or coupon ceases to serve in an authorized capacity before the delivery of the bond, the signature nevertheless is as valid and sufficient for all purposes as if the individual had remained in that capacity until delivery of the bond.
Md. Code, Financial Institutions § 3-505 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

Except as provided in § 3-507 of this subtitle, a fund plan shall state the name of the fund and include detailed provisions, not inconsistent with this subtitle, as to:

(1) The intervals at which the trust company will determine the value of the assets in the fund;

(2) The intervals at which the trust company will have an audit made of the fund;

(3) The manner in which the fund is to be operated;

(4) The investment powers of the trust company with respect to the fund;

(5) The terms and conditions that govern entry in and withdrawal from the fund;

(6) The auditing and settling of accounts of the trust company with respect to the fund;

(7) The basis and method to be used for valuing fund assets;

(8) The circumstances and manner in which the fund may be terminated; and

(9) Any other matters that are necessary to define clearly the rights and duties of the trust company and fund participants.
Md. Code, Corporations and Associations § 3-501 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: reserved

(a) If the period of existence of a corporation has expired under the terms of its charter and if the corporation has been in continuous operation since before the date of expiration, the corporation, at any time within three years after the date of expiration, may reinstate its charter and extend its existence for an additional period or in perpetuity, by filing articles of extension as provided in this section.

(b) The board of directors of a corporation proposing to reinstate its charter and extend its existence shall:

(1) Adopt a resolution which declares that the reinstatement and extension are advisable; and

(2) Direct that the proposed reinstatement and extension be submitted for consideration at either an annual or a special meeting of the stockholders.

(c) Notice which states that a purpose of the meeting will be to act on the proposed reinstatement and extension shall be given by the corporation in the manner required by Title 2 of this article to:

(1) Each stockholder entitled to vote on the proposed reinstatement and extension; and

(2) Each stockholder not entitled to vote if the contract rights of his stock, as expressly set forth in the charter, would be altered by the reinstatement and extension.

(d) The proposed reinstatement and extension shall be approved by the stockholders of the corporation by the affirmative vote of two thirds of all the votes entitled to be cast on the matter.

(e) Articles of extension shall be filed for record with the Department.
Md. Code, Criminal Law § 3-206 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) assaulted (name of victim) in the ........ degree or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.”.

(b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.

(c) A charge of assault in the first degree also charges a defendant with assault in the second degree.

(d) (1) To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.

(2) A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) committed reckless endangerment in violation of § 3-204 of the Criminal Law Article against the peace, government, and dignity of the State.”.

(3) If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered.

(4) A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may:

(i) include a count for each individual endangered by the conduct of the defendant; or

(ii) contain a single count based on the conduct of the defendant, regardless of the number of individuals endangered by the conduct of the defendant.

(5) If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.
Md. Code, Correctional Services § 3-811 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-811
§3–811.
Status: in_force

(a) The Commissioner or Commissioner’s designee may grant family leave to allow an incarcerated individual to visit the incarcerated individual’s family for a reasonable time if the incarcerated individual:

(1) is confined in a correctional facility in the Division;

(2) is classified to be in prerelease status; and

(3) is recommended by the correctional facility’s case management team and managing official.

(b) (1) When granting family leave to an incarcerated individual, the Commissioner or Commissioner’s designee shall:

(i) issue a written authorization to the incarcerated individual that specifies the conditions of the family leave; and

(ii) file a copy of the authorization in the Commissioner’s office.

(2) While on family leave, an incarcerated individual at all times shall possess a copy of the authorization for family leave.

(c) The failure of an incarcerated individual to comply with the terms of the authorization for family leave is a violation of § 9–404 of the Criminal Law Article.

(d) The Commissioner may adopt regulations to carry out this section.
Md. Code, Criminal Law § 3-323 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-323
§3–323.
Status: in_force

(a) A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years.
Md. Code, Criminal Law § 3-317 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-317
§3–317.
Status: in_force

(a) An indictment, information, or warrant for a crime under § 3–303, § 3–304, §§ 3–307 through 3–310, or § 3–314 of this subtitle is sufficient if it substantially states:

“(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section violated) against the peace, government, and dignity of the State.”.

(b) In a case in which the general form of indictment, information, or warrant described in subsection (a) of this section is used, the defendant is entitled to a bill of particulars specifically setting forth the allegations against the defendant.
Md. Code, Business Regulation § 3-313 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-313
§3–313.
Status: in_force

(a) The Commissioner shall:

(1) compile a set of current regulations adopted under this subtitle;

(2) keep a set of the regulations in the Office of the Commissioner; and

(3) make a copy of the regulations for anyone who asks for one.

(b) The Commissioner may set a fee to cover the cost of making and mailing a copy of the current regulations.
Md. Code, Criminal Law § 3-316 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-316
§3–316.
Status: in_force

If a person is transported with the intent to violate a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, and the intent is followed by actual violation of a provision of § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, the defendant may be tried in the appropriate court in a county where the transportation was offered, solicited, begun, continued, or ended.
Md. Code, Education § 3-2A-06.1 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-06.1
§3–2A–06.
Status: in_force

§3–2A–06.1.

(a) At its annual meeting, the county board shall elect a president and vice president from among its elected members.

(b) The president and vice president shall serve a term of 1 year.

(c) An individual who fills a vacancy in the office of an elected member of the county board under § 3–2A–04 of this subtitle may be elected to serve as president or vice president.
Md. Code, Corporations and Associations § 3-213 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) A successor which acquires the stock of an objecting stockholder is entitled to any dividends or distributions payable to holders of record of that stock on a record date after the close of business on the day as at which fair value is to be determined under § 3-202 of this subtitle.

(b) After acquiring the stock of an objecting stockholder, a successor in a transfer of assets may exercise all the rights of an owner of the stock.

(c) Unless the articles provide otherwise, stock in the successor of a consolidation, merger, or share exchange otherwise deliverable in exchange for the stock of an objecting stockholder has the status of authorized but unissued stock of the successor. However, a proceeding for reduction of the capital of the successor is not necessary to retire the stock or to reduce the capital of the successor represented by the stock.
Md. Code, State Government § 3-301 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

In addition to the powers granted and duties imposed elsewhere, the Governor has the powers and duties set forth in this subtitle.
Md. Code, Business Regulation § 3-311 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

If, after receiving a recommendation from the Board for a regulation, the Commissioner decides to adopt the regulation, the Commissioner shall publish notice of the proposed adoption in the Maryland Register.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.13 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.13
§3–8A–17.
Status: in_force

§3–8A–17.13.

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

(2) “Qualifying offense” has the meaning stated in § 8–302 of the Criminal Procedure Article.

(3) “Regional navigator” has the meaning stated in § 5–704.4 of the Family Law Article.

(4) “Sex trafficking” has the meaning stated in § 5–701 of the Family Law Article.

(5) “Victim of human trafficking” has the meaning stated in § 8–302 of the Criminal Procedure Article.

(b) (1) At any time after a petition alleging that a child has committed a qualifying offense, a violation, or an offense under § 3–1102 of the Criminal Law Article is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall:

(i) Make the determination required under paragraph (3) of this subsection;

(ii) Stay all proceedings until the determination is made; and

(iii) Refer the child to a regional navigator and notify the Department of Human Services.

(2) The court:

(i) Shall schedule a hearing within 15 days after a motion is filed under paragraph (1) of this subsection; and

(ii) May, on good cause shown, extend the time for the hearing an additional 15 days.

(3) The court shall determine, by evidence presented on the record and by a preponderance of the evidence, whether the child:

(i) Is a victim of sex trafficking or a victim of human trafficking; and

(ii) Committed the qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking.

(4) The court shall dismiss the charge for any qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article if the court finds that the child:

(i) Is a victim of sex trafficking or a victim of human trafficking; and

(ii) Committed the qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking.
Md. Code, Commercial Law § 3-417 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-417
§3–417.
Status: reserved

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:

(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;

(2) The draft has not been altered; and

(3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.

(b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.

(c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under § 3-404 or § 3-405 or the drawer is precluded under § 3-406 or § 4-406 from asserting against the drawee the unauthorized indorsement or alteration.

(d) If (i) a dishonored draft is presented for payment to the drawer or an indorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply:

(1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.

(2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.

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

(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Md. Code, Courts and Judicial Proceedings § 3-1507 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1507
§3–1507.
Status: in_force

(a) An interim peace order, temporary peace order, and final peace order issued under this subtitle shall state that a violation of the order may result in:

(1) Criminal prosecution; and

(2) Imprisonment or fine or both.

(b) A temporary peace order and final peace order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.
Md. Code, Business Occupations and Professions § 3-605 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) A person who violates § 3-601, § 3-602, § 3-603, or § 3-604 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 1 year or both.

(b) (1) The Board may impose on a person who violates § 3-601, § 3-602, § 3-603, or § 3-604 of this subtitle a penalty not exceeding $5,000 for each violation.

(2) In setting the amount of the penalty, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Md. Code, Agriculture § 3-501 — MD Code / Article gag / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

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

(b) “Herd” means five or more livestock.
Md. Code, Public Safety § 3-527 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-527
§3–527.
Status: in_force

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

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

(3) “Police officer” has the meaning stated in § 3–201 of this title.

(b) A law enforcement agency shall notify the Independent Investigations Division within the Office of the Attorney General of any police–involved incident that results in the death of an individual or injuries that are likely to result in the death of an individual as soon as the law enforcement agency becomes aware of the incident.

(c) (1) A law enforcement agency shall cooperate with and may not impede the Independent Investigations Division in connection with an investigation conducted under § 6–602 of the State Government Article.

(2) On request of the Attorney General or the Attorney General’s designee, a local law enforcement agency shall provide any requested evidence to the Independent Investigations Division.

(d) (1) The Attorney General or the Attorney General’s designee may seek temporary or permanent injunctive relief in a court of competent jurisdiction in order to facilitate an investigation or to prevent interference with an investigation.

(2) In a request for injunctive relief brought under this subsection, the Attorney General or the Attorney General’s designee is not required to:

(i) post bond;

(ii) allege or prove that an adequate remedy at law does not exist; or

(iii) allege or prove that substantial or irreparable damage would result from any conduct alleged.
Md. Code, Education § 3-2B-08 — MD Code / Article ged / Title 3 / Subtitle 2B / Section 3-2B-08
§3–2B–08.
Status: in_force

(a) The State Board may remove an elected or appointed member of the county board or a member appointed by the Governor to fill a vacancy in office for an elected or appointed member for any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.

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

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

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

(2) The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense in person or by counsel.

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Baltimore County.
Md. Code, Labor and Employment § 3-410 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

In addition to any regulation specifically required by this subtitle, regulations that the Commissioner adopts to carry out this subtitle may include:

(1) definitions of the terms “administrative capacity”, “executive capacity”, “professional capacity”, and “outside salesman”;

(2) a scale of wages that is suitable for learners and apprentices but is at least 80% of the minimum wage under this subtitle; and

(3) a wage for a special case or class of case if the Commissioner finds the wage appropriate to:

(i) avoid undue hardship;

(ii) prevent the curtailment of employment opportunity; and

(iii) safeguard the minimum wage under this subtitle.
Md. Code, Real Property § 3-203 — MD Code / Article grp / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

Every recorded deed or other instrument takes effect from its effective date as against the grantee of any deed executed and delivered subsequent to the effective date, unless the grantee of the subsequent deed has:

(1) Accepted delivery of the deed or other instrument:

(i) In good faith;

(ii) Without constructive notice under § 3-202; and

(iii) For a good and valuable consideration; and

(2) Recorded the deed first.
Md. Code, Natural Resources § 3-304 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

In cooperation with the Public Service Commission, the Maryland Energy Administration, and the Secretary of the Environment, the Secretary shall implement a long–range environmental evaluation of power plant building sites projected for at least 10 years. To facilitate providing adequate electric power on reasonable schedules at reasonable costs with the least possible depreciation of the quality of Maryland’s environment, the following responsibilities and procedures are set forth:

(1) The Public Service Commission shall assemble and evaluate annually the long–range plans of Maryland’s public electric companies regarding generating needs and means for meeting those needs. Beginning January 1, 1972, the Chairman of the Public Service Commission shall forward annually to the Secretary a ten–year plan of possible and proposed sites, including associated transmission routes, for the construction of new electric power plants within the State and extensions of existing plants.

(2) Upon receipt of a ten–year plan from the Public Service Commission, the Secretary with the advice of the Secretary of the Environment and the Director of the Maryland Energy Administration and in accordance with paragraph (1) of this section and § 7–201 of the Public Utilities Article, shall prepare and submit, within 180 days a preliminary environmental statement on each possible and proposed site, including associated transmission routes. The statement, on the basis of the environmental research program, shall include but not be limited to the following considerations:

(i) The environmental impact at the proposed site;

(ii) Any adverse environmental effects which cannot be avoided if the proposed site is accepted;

(iii) Possible alternatives to the proposed site;

(iv) Any irreversible and irretrievable commitments of resources which would be involved at the proposed site if it is approved;

(v) Where appropriate, a discussion of problems and objections raised by other State and federal agencies and local entities;

(vi) A plan for monitoring environmental effects of the proposed action and provision for remedial actions if the monitoring reveals unanticipated environmental effects of significant adverse consequences; and

(vii) The ability to adequately provide emergency response plans to residents if a nuclear power plant is considered for location at a site.

The Secretary shall state to the Public Service Commission which possible and proposed sites, based on preliminary environmental statement, justify an unsuitable classification. Unless the electric company whose proposed site is involved offers the Secretary substantial evidence to the contrary, the site shall be deleted from the plan. The site may be included in a subsequent ten–year plan.

(3) The Secretary with the advice of the Director of the Maryland Energy Administration and the Secretary of the Environment shall initiate a detailed investigation of any site proposed in the ten–year plan which appears desirable or acceptable on the basis of preliminary environmental statements. With respect to any site in the plan on which authorized construction has not commenced by July 1, 1974, at least two years before construction is estimated to begin and if the preponderance of newly offered scientific evidence does not justify a revised classification as unsuitable, the Secretary shall publish a detailed environmental statement on the site. The statement shall consider and include information developed in the program outlined in § 3–303 of this subtitle.

(4) The Secretary, with the advice of the Director of the Maryland Energy Administration, the Secretary of the Environment and the Secretary of Planning, shall publish on a biennial basis, commencing July 1, 1972, a cumulative environmental impact report on all electric power plants operating in the State. The report shall include a section specifying the changes that can occur as additional electric power plants are constructed in accordance with the ten–year plan. It shall include recommendations to the Governor which delineate State environmental policy and objectives. The Secretary of Planning and the Director of the Maryland Energy Administration shall jointly include a section devoted exclusively to the question of growth and the specific growth related factors which necessitate specific additional increments of electric energy by development of a site in the ten–year plan. In preparing this section, they shall consider the projected estimates and recommendations of electric company representatives.
Md. Code, Insurance § 3-205 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) (1) When filing the declaration required by § 3-204 of this subtitle, the attorney in fact of a domestic reciprocal insurer shall file with the Commissioner a bond that:

(i) is in favor of the State for the benefit of all persons damaged as a result of a breach of the conditions of the bond by the attorney in fact;

(ii) is in the penal sum of $100,000;

(iii) is aggregate in form;

(iv) is executed by the attorney in fact and an authorized corporate surety insurer; and

(v) is conditioned that the attorney in fact:

1. will account faithfully for all money and other property of the reciprocal insurer that comes into the possession of the attorney in fact; and

2. will not withdraw or appropriate for the use of the attorney in fact from the funds of the reciprocal insurer, any money or property to which the attorney in fact is not entitled under the power of attorney.

(2) The bond is subject to the approval of the Commissioner.

(b) (1) An action on the bond of the attorney in fact may be brought at any time by:

(i) one or more subscribers who suffer loss through a violation of the conditions of the bond; or

(ii) a receiver or liquidator of the reciprocal insurer.

(2) Any amount recovered in the action shall be deposited in the funds of the reciprocal insurer.

(3) The total liability of the surety insurer under the bond may not exceed the penal sum of the bond.

(c) The bond shall provide that the surety insurer may not cancel the bond unless the surety insurer gives written notice of cancellation to the attorney in fact and the Commissioner at least 30 days before canceling the bond.
Md. Code, Corporations and Associations § 3-504 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) Within ten days after the issuance of the proclamation, the Department shall mail notice of the proclamation to each corporation named in it. The notice shall be addressed to the corporation at its mailing address on file with the Department or, if none, at any other address appearing on the records of the Department.

(b) A corporation which pays all taxes, unemployment insurance contributions, reimbursement payments, interest, and penalties due, files the annual report due, or both, as the case may be, within 60 days after the issuance of the proclamation shall have its charter reinstated as of the date of forfeiture.
Md. Code, Public Safety § 3-501 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) In this section, “manufacturer” means a person who possesses a federal license to engage in the business of manufacturing firearms or ammunition for sale or distribution.

(b) Except as provided in subsection (c) of this section, a law enforcement agency seeking to dispose of a handgun owned by the agency shall:

(1) destroy the handgun;

(2) sell, exchange, or transfer the handgun to another law enforcement agency for official use by that agency;

(3) sell the handgun to a retired police employee in accordance with § 2–415(c) of this article;

(4) sell the handgun to the law enforcement officer to whom the handgun was assigned; or

(5) sell, exchange, or transfer the handgun to a manufacturer.

(c) If a law enforcement officer is killed or dies in the performance of duty, a law enforcement agency may transfer the handgun of the deceased officer to the next of kin of the deceased officer, if the requirements of Title 5, Subtitle 1 of this article relating to firearms applications are met.
Md. Code, Courts and Judicial Proceedings § 3-1102 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1102
§3–1102.
Status: in_force

A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident by a volunteer fire department, volunteer rescue squad, volunteer ambulance company, or the individual members of the department, squad, or company if the motor carrier:

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

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

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

(ii) An emergency response, containment, cleanup, and abatement by the volunteer fire department, volunteer rescue squad, or volunteer ambulance company.
Md. Code, Corporations and Associations § 3-601 — MD Code / Article gca / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

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

(b) “Affiliate”, including the term “affiliated person”, means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a specified person.

(c) “Associate”, when used to indicate a relationship with any person, means:

(1) Any corporation or organization (other than the corporation or a subsidiary of the corporation) of which such person is an officer, director, or partner or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of equity securities;

(2) Any trust or other estate in which such person has a substantial beneficial interest or as to which such person serves as trustee or in a similar fiduciary capacity; and

(3) Any relative or spouse of such person, or any relative of such spouse, who has the same home as such person or who is a director or officer of the corporation or any of its affiliates.

(d) “Beneficial owner”, when used with respect to any voting stock, means a person that:

(1) Individually or with any of its affiliates or associates, beneficially owns voting stock, directly or indirectly;

(2) Individually or with any of its affiliates or associates, has:

(i) The right to acquire voting stock (whether the right is exercisable immediately or only after the passage of time), in accordance with any agreement, arrangement, or understanding, on the exercise of conversion rights, exchange rights, warrants, or options, or otherwise; or

(ii) Except solely by virtue of a revocable proxy, the right to vote voting stock in accordance with any agreement, arrangement, or understanding; or

(3) Except solely by virtue of a revocable proxy, has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of voting stock with any other person that beneficially owns, or the affiliates or associates of which beneficially own, directly or indirectly, the voting stock.

(e) “Business combination” means:

(1) Unless the merger, consolidation, or share exchange does not alter the contract rights of the stock as expressly set forth in the charter or change or convert in whole or in part the outstanding shares of stock of the corporation, any merger, consolidation, or share exchange of the corporation or any subsidiary with (i) any interested stockholder or (ii) any other corporation (whether or not itself an interested stockholder) which is, or after the merger, consolidation, or share exchange would be, an affiliate of an interested stockholder that was an interested stockholder prior to the transaction;

(2) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business or pursuant to a dividend or any other method affording substantially proportionate treatment to the holders of voting stock, in one transaction or a series of transactions in any 12–month period, to any interested stockholder or any affiliate of any interested stockholder (other than the corporation or any of its subsidiaries) of any assets of the corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the corporation, an aggregate book value as of the end of the corporation’s most recently ended fiscal quarter of 10 percent or more of the total market value of the outstanding stock of the corporation or of its net worth as of the end of its most recently ended fiscal quarter;

(3) The issuance or transfer by the corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding stock of the corporation to any interested stockholder or any affiliate of any interested stockholder (other than the corporation or any of its subsidiaries) except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the corporation’s voting stock or any other method affording substantially proportionate treatment to the holders of voting stock;

(4) The adoption of any plan or proposal for the liquidation or dissolution of the corporation in which anything other than cash will be received by an interested stockholder or any affiliate of any interested stockholder;

(5) Any reclassification of securities (including any reverse stock split), or recapitalization of the corporation, or any merger, consolidation, or share exchange of the corporation with any of its subsidiaries which has the effect, directly or indirectly, in one transaction or a series of transactions, of increasing by 5 percent or more of the total number of outstanding shares, the proportionate amount of the outstanding shares of any class of equity securities of the corporation or any subsidiary which is directly or indirectly owned by any interested stockholder or any affiliate of any interested stockholder; or

(6) The receipt by any interested stockholder or any affiliate of any interested stockholder (other than the corporation or any of its subsidiaries) of the benefit, directly or indirectly (except proportionately as a stockholder), of any loan, advance, guarantee, pledge, or other financial assistance or any tax credit or other tax advantage provided by the corporation or any of its subsidiaries.

(f) “Common stock” means any stock other than preferred or preference stock.

(g) “Control”, including the terms “controlling”, “controlled by” and “under common control with”, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise, and the beneficial ownership of 10 percent or more of the votes entitled to be cast by a corporation’s voting stock creates a presumption of control.

(h) “Corporation” includes a real estate investment trust as defined in Title 8 of this article.

(i) “Equity security” means:

(1) Any stock or similar security, certificate of interest, or participation in any profit sharing agreement, voting trust certificate, or certificate of deposit for an equity security;

(2) Any security convertible, with or without consideration, into an equity security, or any warrant or other security carrying any right to subscribe to or purchase an equity security; or

(3) Any put, call, straddle, or other option or privilege of buying an equity security from or selling an equity security to another without being bound to do so.

(j) “Interested stockholder” means any person (other than the corporation or any subsidiary) that:

(1) (i) Is the beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the outstanding voting stock of the corporation after the date on which the corporation had 100 or more beneficial owners of its stock; or

(ii) Is an affiliate or associate of the corporation and was the beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the then outstanding stock of the corporation:

1. At any time within the 2–year period immediately prior to the date in question; and

2. After the date on which the corporation had 100 or more beneficial owners of its stock.

(2) For the purpose of determining whether a person is an interested stockholder, the number of shares of voting stock deemed to be outstanding shall include shares deemed owned by the person through application of subsection (d) of this section but may not include any other shares of voting stock which may be issuable pursuant to any agreement, arrangement, or understanding, or upon exercise of conversion rights, warrants or options, or otherwise.

(3) A person is not an interested stockholder if, prior to the most recent time at which the person would otherwise have become an interested stockholder, the board of directors of the corporation approved the transaction which otherwise would have resulted in the person becoming an interested stockholder.

(4) In approving a transaction in accordance with paragraph (3) of this subsection, the board of directors may provide that its approval is subject to compliance, at or after the time of approval, with any terms and conditions determined by the board.

(k) “Market value” means:

(1) In the case of stock, the highest closing sale price during the 30–day period immediately preceding the date in question of a share of such stock on the composite tape for New York Stock Exchange–listed stocks, or, if such stock is not quoted on the composite tape, on the New York Stock Exchange, or, if such stock is not listed on such Exchange, on the principal United States securities exchange registered under the Securities Exchange Act of 1934 on which such stock is listed, or, if such stock is not listed on any such exchange, the highest closing bid quotation with respect to a share of such stock during the 30–day period preceding the date in question on the National Association of Securities Dealers, Inc. automated quotations system or any system then in use, or, if no such quotations are available, the fair market value on the date in question of a share of such stock as determined by the board of directors of the corporation in good faith; and

(2) In the case of property other than cash or stock, the fair market value of such property on the date in question as determined by the board of directors of the corporation in good faith.

(l) “Original articles of incorporation” means:

(1) Articles of incorporation as originally filed or as amended in accordance with § 2–603 of this article; and

(2) Articles of incorporation as amended or restated by a corporation meeting the requirements of § 3–603(e)(1)(i), (ii), or (iv) of this subtitle, without regard to the voting requirements of § 3–603(e)(1)(iii) of this subtitle.

(m) “Subsidiary” means any corporation of which voting stock having a majority of the votes entitled to be cast is owned, directly or indirectly, by the corporation.

(n) “Voting stock” means shares of capital stock of a corporation entitled to vote generally in the election of directors.
Md. Code, Courts and Judicial Proceedings § 3-2602 — MD Code / Article gcj / Title 3 / Subtitle 26 / Section 3-2602
§3–2602.
Status: in_force

(a) (1) A common carrier or an employee of the common carrier may not cause damage to public infrastructure that necessitates the closure of the public infrastructure.

(2) A violation of paragraph (1) of this subsection is a public nuisance.

(b) An action against a common carrier for a public nuisance caused by a violation of this section may be brought by the following:

(1) For public infrastructure owned, controlled, or maintained by the State, the State; or

(2) For public infrastructure owned, controlled, or maintained by a local government, counsel designated or retained by a local government of the jurisdiction where the infrastructure is located.

(c) (1) In an action brought under this section, the State or a local government may seek:

(i) Injunctive relief;

(ii) Declaratory relief; and

(iii) Compensatory damages for the cost of the repair or replacement of the affected infrastructure.

(2) In addition to any relief granted under paragraph (1) of this subsection, a common carrier that violates subsection (a) of this section may be liable to the State or local government for civil penalties of $1,000 per day for each day the public nuisance continues until the public infrastructure is sufficiently repaired for public use or is replaced.

(d) The State or a local government may file an action against a common carrier under this section at any time following the violation giving rise to the cause of action and until the public infrastructure is sufficiently repaired for public use or is replaced.
Md. Code, Real Property § 3-105.1 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-105.1
§3–105.
Status: in_force

§3–105.1.

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

(2) “Borrower” means an individual who is mortgagor or grantor on a mortgage or deed of trust and whose loan was for personal, household, or family purposes or for a commercial purpose not in excess of $75,000.

(3) (i) “Holder” means the person to whom a loan secured by a mortgage or deed of trust is owed or that person’s designee.

(ii) “Holder” does not include a responsible person.

(4) “Loan” means all indebtedness and other obligations of a borrower secured by a mortgage or deed of trust.

(5) “Mortgage or deed of trust” means a mortgage, deed of trust, security agreement, or other lien secured by a borrower’s principal dwelling.

(6) (i) “Responsible person” means a person other than the holder or the holder’s designee who has undertaken responsibility for filing a release of a mortgage or deed of trust with the governmental agency charged with recording the release.

(ii) “Responsible person” includes:

1. The person responsible for the disbursement of funds in connection with the grant of title to the property; and

2. An attorney or other person responsible for preparing the HUD–1 settlement statement required under the federal Real Estate Settlement Procedures Act.

(b) (1) Except as provided in paragraph (2) of this subsection, this section does not apply to a mortgage or deed of trust given to secure or guaranty a commercial loan as defined in § 12–101 of the Commercial Law Article.

(2) This section applies to a mortgage or deed of trust given by an individual to secure a commercial loan to that individual if the commercial loan was not in excess of $75,000 and was secured by the borrower’s principal dwelling.

(c) Within a reasonable time after a loan secured by an existing mortgage or deed of trust has been paid in full and there is no further commitment by the holder to make an advance or by the borrower to incur an obligation secured by that mortgage or deed of trust, the holder shall:

(1) (i) Indelibly mark with the word “paid” or “canceled” and return to the borrower each agreement, note, or other evidence of the loan secured by that mortgage or deed of trust; or

(ii) Furnish the borrower with a written statement that identifies the loan secured by that mortgage or deed of trust and states that the loan has been paid in full; and

(2) Release any recorded mortgage or deed of trust securing the loan.

(d) The release shall be:

(1) In writing; and

(2) Prepared at the expense of the holder.

(e) (1) If the holder does not record the release or provide the release to a responsible person for recording within 45 days after a loan secured by an existing mortgage or deed of trust has been paid in full and there has been no further commitment by the holder to make an advance or by the borrower to incur an obligation secured by the mortgage or deed of trust, the holder shall furnish the borrower with:

(i) The release in a recordable form; and

(ii) A notice disclosing the location where the release should be recorded and the estimated amount of any fee required to be paid to a governmental entity in order to record the release.

(2) If the holder records the release, the holder shall furnish the borrower with a copy of the release.

(f) (1) A fee for the recording of a release may be collected by the holder from the borrower subject to this subsection.

(2) If a fee is collected for the recording of a release:

(i) The release shall be recorded by the holder; and

(ii) Any portion of the fee not paid to a governmental entity for recording the release that exceeds $15 shall be refunded to the borrower.

(3) A fee authorized under this subsection is not interest with respect to any loan.

(4) If a fee is not collected for the recording of a release, the holder is not obligated to record the release.

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

(i) A licensee under Title 11, Subtitle 5 of the Financial Institutions Article; or

(ii) An entity described in § 11–502(b)(1) or (10) of the Financial Institutions Article.

(2) Except as provided in paragraph (1) of this subsection, if the borrower is the prevailing party in an action to require the delivery of the release, the holder is liable for the delivery of a release and for all costs and expenses in connection with the bringing of the action, including reasonable attorney’s fees.
Md. Code, Correctional Services § 3-511 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-511
§3–511.
Status: in_force

(a) The Commissioner and the Chief Executive Officer may develop programs to provide services or produce goods used by:

(1) units of State government;

(2) political subdivisions of the State;

(3) units of the federal government;

(4) units of other states; or

(5) political subdivisions of other states.

(b) (1) The Commissioner and the Chief Executive Officer, with the approval of the Secretary, may develop training programs to provide construction and construction–related services, as defined in Title 11, Subtitle 1 of the State Finance and Procurement Article, for State correctional facilities.

(2) The training programs will be developed in consultation with the Maryland and District of Columbia Building Trades Councils.

(3) The programs established under paragraph (1) of this subsection are not subject to:

(i) the provisions of § 3–515 of this subtitle; or

(ii) except for § 11–101 of the State Finance and Procurement Article, the provisions of Division II of the State Finance and Procurement Article.

(4) A construction project under paragraph (1) of this subsection may not exceed $500,000 in total costs per unrelated project as determined by the Secretary.

(c) (1) In this subsection, “personal information” means an individual’s:

(i) Social Security number; or

(ii) credit card or financial information.

(2) A program may not allow an incarcerated individual to have access to the personal information of another.
Md. Code, Labor and Employment § 3-105 — MD Code / Article gle / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) This section applies only to an employer action taken under:

(1) Subtitle 2 of this title;

(2) Subtitle 3 of this title;

(3) Subtitle 4 of this title;

(4) Subtitle 5 of this title;

(5) Subtitle 9 of this title; or

(6) Title 18 of the State Finance and Procurement Article.

(b) An employer may not:

(1) discharge, demote, discriminate against, take other adverse action, or threaten to take adverse action against an employee because the employee:

(i) inquires about the rights and responsibilities of the employer or employee under a provision of law listed in subsection (a) of this section;

(ii) makes a complaint, or communicates an intent to make a complaint, to the employer, the Commissioner, or another person regarding a violation of a provision of law listed in subsection (a) of this section; or

(iii) testifies, intends to testify, or otherwise assists in any manner in an investigation, proceeding, or hearing under a provision of law listed in subsection (a) of this section; or

(2) hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this section or a provision of law listed in subsection (a) of this section.

(c) The Commissioner:

(1) may investigate a violation of this section on the Commissioner’s own initiative or on receipt of a written complaint; and

(2) shall conduct the investigation and enforcement of a violation of this section in accordance with subsections (d) and (e) of this section.

(d) (1) Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.

(2) (i) If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Commissioner determines that an employer has violated this subtitle, the Commissioner shall issue an order.

(ii) An order issued under subparagraph (i) of this paragraph:

1. shall describe the violation;

2. shall direct, if appropriate, the recovery of lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost, and any actual economic damages;

3. may, in the Commissioner’s discretion, seek reinstatement or the hiring of employees with or without back pay; and

4. may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this title.

(3) The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

(e) (1) Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

(2) If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

(i) the Commissioner may:

1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or

2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and

(ii) within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.

(3) If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

(i) three times the value of the employee’s lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost;

(ii) punitive damages in an amount to be determined by the court;

(iii) reasonable counsel fees and other costs;

(iv) injunctive relief, if appropriate; and

(v) any other relief that the court determines is appropriate.

(f) (1) A person may not:

(i) make or cause to be made a groundless or malicious complaint to the Commissioner; or

(ii) in bad faith, bring an action under a provision of law listed in subsection (a) of this section or a proceeding related to the subject of a provision of law listed in subsection (a) of this section.

(2) The Commissioner shall investigate any allegation that a person violated paragraph (1) of this subsection.

(3) (i) If the Commissioner determines that a person has violated paragraph (1) of this subsection, the Commissioner may assess the person an administrative penalty of up to $1,000.

(ii) An administrative penalty assessed under subparagraph (i) of this paragraph is subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.

(iii) A person who must defend an action taken as a result of a groundless or malicious complaint may be entitled to recover attorneys’ fees.
Md. Code, General Provisions § 3-205 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) Any person may file a written complaint with the Board seeking a written opinion from the Board on the application of this title to the action of a public body covered by this title.

(b) The complaint shall:

(1) identify the public body that is the subject of the complaint;

(2) describe the action of the public body, the date of the action, and the circumstances of the action; and

(3) be signed by the complainant.
Md. Code, Insurance § 3-316.1 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-316.1
§3–316.
Status: reserved

§3–316.1.

(a) On or before September 30 of the renewal year, a person whose surplus lines broker’s certificate of qualification has expired may reinstate the expired certificate of qualification by:

(1) filing with the Commissioner the appropriate reinstatement application;

(2) paying to the Commissioner the applicable reinstatement fee required under subsection (b) of this section; and

(3) complying with the bond requirement of § 3-313 of this subtitle.

(b) (1) The fee for a reinstatement under this section shall be:

(i) the amount charged for a full renewal period for the type of certificate of qualification held by the person seeking the reinstatement; and

(ii) 1. $25 for reinstatement during the period from July 1 through July 31;

2. $50 for reinstatement during the period from August 1 through August 31; and

3. $75 for reinstatement during the period from September 1 through September 30.

(2) The Commissioner may limit the reinstatement fee to the amount of the renewal fee in cases where the reinstatement applicant did not make timely renewal because of temporary incapacity, hospitalization, or other hardship.

(c) A person whose surplus lines broker’s certificate of qualification has expired is prohibited from acting as a surplus lines broker until the effective date of reinstatement of the certificate of qualification.

(d) A person who does not comply with subsection (a) of this section on or before September 30 of the year of expiration shall apply for a surplus lines broker’s certificate of qualification under § 3-312 of this subtitle and meet any other requirements specified by the Commissioner in regulation.

(e) The Commissioner may adopt regulations to carry out this section.
Md. Code, Criminal Law § 3-308 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

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

(2) (i) “Person in a position of authority” means a person who:

1. A. is at least 21 years old and works for remuneration or as a volunteer for a public or private preschool, elementary school, or secondary school; or

B. is at least 22 years old and works for remuneration or as a volunteer for a program; and

2. exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.

(ii) “Person in a position of authority” includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.

(3) “Program” means:

(i) an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors, including:

1. sports, music, dance, art, or martial arts coaching or instruction;

2. tutoring or academic enrichment;

3. day care or after school care;

4. scouting; or

5. day or overnight camping; or

(ii) any unit of local, State, or federal government.

(b) A person may not engage in:

(1) sexual contact with another without the consent of the other;

(2) except as provided in § 3–307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or

(3) except as provided in § 3–307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.

(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact:

(i) is a student enrolled at a school where the person in a position of authority works; or

(ii) 1. is participating in a program for which the person in a position of authority works; and

2. is at least 6 years younger than the person in a position of authority.

(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:

(i) is a student enrolled at a school where the person in a position of authority works; or

(ii) 1. is participating in a program for which the person in a position of authority works; and

2. is at least 6 years younger than the person in a position of authority.

(d) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(2) (i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of § 3–303, § 3–304, §§ 3–307 through 3–310 of this subtitle, § 3–311 or § 3–312 of this subtitle as the sections existed before October 1, 2017, § 3–315 of this subtitle, or § 3–602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

(e) (1) Unless specifically charged by the State, a violation of this section may not be considered a lesser included crime of any other crime.

(2) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Md. Code, Criminal Law § 3-309 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) A person may not attempt to commit rape in the first degree.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
Md. Code, Natural Resources § 3-103.4 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103.4
§3–103.
Status: reserved

§3–103.4.

(a) Board members shall observe the same standard of care required of corporate directors under § 2–405.1 of the Corporations and Associations Article.

(b) (1) The Board may not award a severance package to an executive of the Service if the executive accepts another position in the State government within 1 year after the date on which the executive’s employment with the Service is terminated.

(2) Any former executive of the Service awarded a severance package in violation of this subsection shall reimburse the Service for the value of the severance package within 1 year after terminating employment with the Service.

(c) The Executive Director shall appoint a Diversity Officer to:

(1) Coordinate the development and implementation of a diversity policy for the Service; and

(2) Assist employees with the resolution of grievances relating to alleged violations of:

(i) The Service’s diversity policy; or

(ii) State or federal antidiscrimination laws.

(d) (1) On or before December 1, 2021, the Board shall adopt or readopt policies, consistent with this section, governing:

(i) Severance packages;

(ii) Bonuses, including a limit on bonuses for executives calculated as a percentage of the executive’s salary;

(iii) Tuition reimbursements, including limits on the amounts that may be reimbursed;

(iv) Expense reimbursements, including:

1. Limits on the amounts that may be reimbursed;

2. Limits on how long an expense may be reimbursed after it is incurred; and

3. Requirements regarding the nexus between reimbursable expenses and Service functions;

(v) Workforce diversity;

(vi) Whistleblower complaints;

(vii) Travel; and

(viii) The use of cars, laptops, cell phones, and other vehicles and devices owned by the Service, including policies on whether and how these vehicles and devices may be transferred to an employee or another agency.

(2) The Board periodically shall review the policies required under this subsection and revise the policies as needed.

(3) In accordance with § 2–1257 of the State Government Article, the Board shall submit a report containing copies of the policies required under this subsection to the Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee:

(i) On or before December 31, 2021; and

(ii) Within 30 days after any policy is revised.

(e) (1) Board members, the Executive Director, and the Deputy Director shall receive annual training on:

(i) Ethics;

(ii) Harassment;

(iii) Diversity; and

(iv) Policies adopted under subsection (d) of this section.

(2) In addition to the training specified in paragraph (1) of this subsection, Board members shall receive annual training on the standard of care required under subsection (a) of this section.

(f) On or before December 31, 2021, and each December 31 thereafter, the Service shall, in accordance with § 2–1257 of the State Government Article, report to the General Assembly on the Service’s efforts to reduce greenhouse gas emissions in furtherance of the goals and requirements established under Title 2, Subtitle 12 of the Environment Article.

(g) This section may be cited as the Maryland Environmental Service Reform Act of 2021.
Md. Code, Health - General § 3-310 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

Unless otherwise provided by State law or regulation, as each reference to a county health department or local health department in the Code applies to Montgomery County, the term means the Montgomery County government.
Md. Code, Alcoholic Beverages and Cannabis § 3-901 — MD Code / Article gab / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

A person aggrieved by a final decision of the Executive Director in a contested case under this title may seek judicial review in accordance with the Administrative Procedure Act.
Md. Code, Labor and Employment § 3-1403 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1403
§3–1403.
Status: in_force

(a) An employer may not consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee’s continuous service for the purpose of the eligible employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.

(b) An eligible employee who returns to work after taking organ donation leave is entitled to be restored by an employer:

(1) to the position of employment held by the eligible employee when the organ donation leave began; or

(2) to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(c) An employer may deny restoration of the eligible employee’s position of employment under subsection (b) of this section because of conditions unrelated to the exercise of rights established under this subtitle.
Md. Code, Financial Institutions § 3-204 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) If the Commissioner approves the articles of incorporation, the incorporators shall file for record one of the endorsed copies of the articles with the State Department of Assessments and Taxation.

(b) Articles of incorporation that are filed for record are not effective unless the Commissioner has endorsed the articles as approved.
Md. Code, Criminal Law § 3-703 — MD Code / Article gcr / Title 3 / Subtitle 7 / Section 3-703
§3–703.
Status: in_force

(a) An officer or employee of the State or of a county, municipal corporation, bicounty agency, or multicounty agency may not, by force, intimidation, or threat, induce a person employed in work financed wholly or partly by the State or by a county, municipal corporation, bicounty agency, or multicounty agency to give up any compensation to which the person is entitled under a contract or otherwise.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(c) A prosecution for a crime under this section shall be instituted within 5 years after the crime was committed.
Md. Code, Election Law § 3-202 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) The statewide voter registration application shall:

(i) require the signature of the applicant, subject to the penalties of perjury, by which the applicant swears or affirms that the information contained in the registration application is true and that the applicant meets all of the qualifications to become a registered voter;

(ii) state the penalties for the submission of a false application; and

(iii) provide the applicant with the opportunity to cancel a current registration.

(2) The following information shall be made available to each applicant who is completing a statewide voter registration application:

(i) the qualifications to become a registered voter;

(ii) if an individual declines to register, this fact will remain confidential and be used only for voter registration purposes;

(iii) if an individual registers to vote, the office at which the application is submitted will remain confidential and will be used only for voter registration purposes; and

(iv) notification to the applicant that submission of the form to an individual other than an official, employee, or agent of a local board does not assure that the form will be filed or filed in a timely manner.

(3) The statewide voter registration application may not require:

(i) notarization or other formal authentication; or

(ii) any additional information, other than the information necessary to enable election officials to determine the eligibility of the applicant and to administer voter registration and other parts of the election process.

(4) In the section of the statewide voter registration application that asks the voter whether the voter wants to affiliate with a political party, the application shall list the recognized political parties in the State and include the following statement: “You must register with a political party if you want to take part in that political party’s primary election, caucus, or convention. Check one box only.”.

(5) (i) A statewide voter registration application shall be produced exclusively by the State Board.

(ii) No other registration form may be used for registration purposes except:

1. a voter registration application produced by a local board with the approval of the State Board;

2. as provided in subsection (b) of this section;

3. as provided in § 3–203(b) of this subtitle;

4. any other form prescribed by federal law for voter registration; or

5. a federal write–in absentee ballot if used by a voter authorized to vote a federal write–in absentee ballot under federal law.

(b) The voter registration application form prescribed pursuant to the National Voter Registration Act of 1993 shall satisfy the requirements prescribed under subsection (a) of this section and be accepted by the appropriate election official for purposes of voter registration.

(c) The application described in this section may be used by a registered voter to change the voter’s name, address, or party affiliation.
Md. Code, Business Occupations and Professions § 3-202 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) The Board consists of 7 members.

(2) Of the 7 members of the Board:

(i) 5 shall be licensed architects; and

(ii) 2 shall be consumer members.

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

(b) Each member of the Board shall be a resident and citizen of the State.

(c) Of the 5 architect members of the Board:

(1) at least 3 shall hold a professional degree from an architecture program accredited by the National Architectural Accrediting Board; and

(2) each shall have practiced architecture in the State, in private practice as a primary vocation, for at least 10 years before appointment.

(d) Each consumer member of the Board:

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

(2) may not be a licensee or otherwise be subject to regulation by the Board;

(3) may not be required to meet the qualifications for the professional members of the Board; and

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(e) While a member of the Board, a consumer member may not:

(1) have a financial interest in or receive compensation from a person regulated by the Board; or

(2) grade any examination given by or for the Board.

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

(g) (1) The term of a member is 5 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

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

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

(h) (1) The Governor may remove a 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 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, Commercial Law § 3-503 — MD Code / Article gcl / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) The obligation of an indorser stated in § 3-415(a) and the obligation of a drawer stated in § 3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under § 3-504(b).

(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.

(c) Subject to § 3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.
Md. Code, Alcoholic Beverages and Cannabis § 3-505 — MD Code / Article gab / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) A license holder or an employee of the license holder may require an individual to sign a book that the license holder keeps if:

(1) the individual has shown documentary evidence that substantiates the individual’s age to allow the purchase of alcoholic beverages; and

(2) the age of the individual remains in question.

(b) (1) The book authorized under subsection (a) of this section shall contain copies of the following form:

Date............... 20....

To Be Filled in by Seller

x

x

IDENTIFICATION (CHECK ALL SHOWN)

x

Driver’s License ? Army I.D. Card ?

Birth Certificate ? Coast Guard I.D. Card ?

Service Discharge ? Marine I.D. Card ?

Draft Card ? Navy I.D. Card ?

Air Force I.D. Card ?

Other (Specify) x

x

x

DESCRIPTION OF PURCHASER

x

Height Weight x

Color of Eyes Color of Hair x

Outstanding Features x

x

x

x

x

Seller’s Signature x

x

x

To Be Filled in by Prospective Purchaser

I declare I am of legal age to purchase fermented malt beverages or intoxicating liquor, and that I am subject to arrest and prosecution for misrepresenting my age.

Print full name x

Street address x

City State x

Signature x

(2) The license holder or an employee of the license holder shall record all information required by each section of the form.
Md. Code, Labor and Employment § 3-304.2 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-304.2
§3–304.
Status: in_force

§3–304.2.

(a) (1) This subsection applies only with respect to a position for work that will be physically performed, at least in part, in the State.

(2) An employer shall:

(i) disclose in each public or internal posting for each position the wage range and a general description of benefits and any other compensation offered for the position; and

(ii) if a public or internal posting for a position was not made available to an applicant for the position, disclose to the applicant the information required to be disclosed in a public or internal posting under item (i) of this paragraph:

1. before a discussion of compensation is held with the applicant; and

2. at any other time on request of the applicant.

(b) An employer shall set the wage range disclosed under subsection (a)(2) of this section in good faith.

(c) (1) The Commissioner shall develop and make available to employers a form that an employer may use to comply with subsection (a) of this section.

(2) An employer may comply with subsection (a) of this section by:

(i) completing the form developed under paragraph (1) of this subsection;

(ii) including the completed form in each public or internal posting for a position; and

(iii) otherwise making the completed form available to applicants as required under subsection (a) of this section.

(d) (1) An employer may not:

(i) retaliate against or refuse to interview, hire, or employ an applicant for employment or promote or transfer an employee because the applicant or employee:

1. did not provide wage history;

2. requested the wage range in accordance with this section; or

3. exercised any rights under this section; and

(ii) except as provided in paragraph (2) of this subsection:

1. rely on the wage history of an applicant for employment in screening or considering the applicant for employment or in determining the wages for the applicant; or

2. seek the wage history for an applicant for employment orally, in writing, or through an employee or an agent or from a current or former employer.

(2) After an employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may:

(i) subject to paragraph (3) of this subsection, rely on the wage history voluntarily provided by the applicant for employment to support a wage offer higher than the initial wage offered by the employer; or

(ii) seek to confirm the wage history voluntarily provided by the applicant for employment to support a wage offer higher than the initial wage offered by the employer.

(3) An employer may rely on wage history under paragraph (2) of this subsection only if the higher wage does not create an unlawful pay differential based on protected characteristics under § 3–304 of this subtitle.

(e) This section may not be construed to prohibit an applicant for employment from sharing wage history with an employer voluntarily.
Md. Code, Labor and Employment § 3-1708 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1708
§3–1708.
Status: in_force

(a) If an essential worker believes that an essential employer has violated § 3–1704 of this subtitle:

(1) the essential worker may seek enforcement of rights under § 5–604 of this article; and

(2) the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.

(b) (1) If an essential worker believes that an essential employer has violated § 3–1706 of this subtitle, the essential worker may file a written complaint with the Commissioner.

(2) Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.

(3) (i) If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (2) of this subsection and the Commissioner determines that an essential employer has violated this subtitle, the Commissioner shall issue an order.

(ii) An order issued under subparagraph (i) of this paragraph:

1. shall describe the violation;

2. shall direct the payment of the full monetary value of any unpaid public health emergency leave and any actual economic damages;

3. may, in the Commissioner’s discretion, direct the payment of an additional amount of up to three times the value of the essential worker’s hourly wage for each violation; and

4. may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each essential worker for whom the employer is not in compliance with this subtitle.

(4) The actions taken under paragraphs (2) and (3) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

(5) Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

(c) If an essential worker believes that an essential employer has violated any other provision of this subtitle:

(1) the essential worker may file a written complaint with the Commissioner; and

(2) the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.
Md. Code, Education § 3-901 — MD Code / Article ged / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: reserved

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

(2) “Board of education district” means a geographic area of Montgomery County in which an elected member of the Montgomery County Board of Education must be a legal resident. The geographic area of each district is described in subsection (f) of this section. Each district shall be substantially equal in population, and the districts shall be reapportioned on the basis of each decennial census of the United States.

(3) “Elected member” means 1 of the 7 elected and voting members of the Montgomery County Board or a member appointed to fill a vacancy of 1 of these 7 members.

(b) The Montgomery County Board consists of:

(1) 5 elected members, each of whom resides in a different board of education district;

(2) 2 elected members who may reside anywhere in the county; and

(3) 1 student member.

(c) An elected member of the county board shall be a registered voter of Montgomery County.

(d) Members of the Montgomery County Board shall be elected at the general election every 2 years as required by subsection (f) of this section.

(e) (1) The student member shall be a bona fide resident of Montgomery County and a regularly enrolled junior or senior year student from a Montgomery County public high school.

(2) The nomination and election process shall be as agreed on by the county board and the Montgomery County region of the Maryland Association of Student Councils. This agreement shall include a process by which to replace one or both of the final candidates if they are unable to proceed in the election. Any student enrolled in a middle or high school in the Montgomery County public schools may:

(i) Nominate a student member candidate;

(ii) Vote for delegates from the student’s school, who in turn vote in a nominating convention to reduce to 2 the number of candidates for student member if there are 3 or more candidates; and

(iii) Vote directly for 1 of the 2 remaining student member candidates.

(3) The candidate receiving the second highest number of votes in the direct election shall become the alternate student member. The alternate shall serve if the student member is unable to complete his elected term.

(4) Except as provided in paragraphs (5), (6), and (7) of this subsection, the student member has the same rights and privileges of an elected member.

(5) Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to hearings held under § 6–202(a) of this article.

(6) As provided in paragraph (7) of this subsection, the student member shall vote on all matters except those relating to § 6–202(a) of this article.

(7) On a majority vote of the elected members, the county board may determine, on a case by case basis, whether a matter under consideration is covered by the exclusionary provision in paragraph (6) of this subsection.

(f) (1) Each elected member serves for a term of 4 years beginning on December 1 after the member’s election and until a successor is elected and qualifies. The terms of elected members are staggered as required by the terms of the members serving on the county board as of July 1, 1978, so that 4 members are elected in gubernatorial election years and 3 members are elected in presidential election years.

(2) Elected members of the county board shall be elected by the voters of the entire county.

(3) (i) Of the 3 members elected in 1992 and every 4 years thereafter, 1 shall reside in Board of Education District 2 and 1 shall reside in Board of Education District 4. The third member may reside in any part of the county.

(ii) Of the 4 members elected in 1990 and every 4 years thereafter, 1 shall reside in Board of Education District 1, 1 shall reside in Board of Education District 3, and 1 shall reside in Board of Education District 5. The fourth member may reside in any part of the county.

(iii) The descriptions of board of education districts in this subsection refer to the geographical boundaries of the election districts and the precincts:

1. As reviewed and certified by the Montgomery County Board of Elections or its designees, before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 2020 Census Redistricting Data Program; and

2. As those precinct lines are specifically shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Division of Capital Planning and Real Estate of the Montgomery County Public Schools.

(iv) Board of Education District 1 consists of:

1. Election district 1;

2. Election district 2, precincts 1 and 3 through 11;

3. Election district 3;

4. Election district 6, precinct 11;

5. Election district 9, precincts 1, 4, 5, 7, 8, 9, 11, 12, 15, 18, 20, 21, 22, 25, 28, 29, 30, 32, 34, 37, and 39;

6. Election district 11; and

7. Election district 12.

(v) Board of Education District 2 consists of:

1. Election district 2, precinct 2;

2. Election district 4, precincts 2, 3, 5, 6, 7, 11, 14, 16, 19, 20, 21, 23, 24, 25, 27, 29, 30, 35, 37, 38, 40, 42, and 43;

3. Election district 6, precincts 1 through 10 and 13 through 16; and

4. Election district 9, precincts 2, 3, 6, 10, 13, 14, 16, 24, 26, 27, 31, 33, 35, 36, 38, 40, and 41.

(vi) Board of Education District 3 consists of:

1. Election district 4, precincts 4, 8, 10, 12, 13, 15, 17, 18, 28, 31, 32, and 33;

2. Election district 7;

3. Election district 10;

4. Election district 13, precincts 3, 16, 34, 38, 39, and 65; and

5. That part of election district 13, precinct 40 that is generally the southern part of precinct 40 from the precinct boundary at the intersection of Summit Avenue and the CSX railroad tracks, northwest along the CSX railroad tracks to the end of Plyers Mill Road, north to the boundary of Rock Creek Park, then east along the boundary of Rock Creek Park to the precinct boundary.

(vii) Board of Education District 4 consists of:

1. Election district 4, precinct 26;

2. Election district 13, precincts 1, 2, 4 through 8, 10, 11, 13, 14, 15, 18 through 25, 27 through 33, 35, 36, 37, 42, 43, 44, 47, 50, 53, 55 through 59, 63, 67, and 68; and

3. Election district 13, precinct 40, excluding that part of precinct 40 that is generally the southern part of precinct 40 from the precinct boundary at the intersection of Summit Avenue and the CSX railroad tracks, northwest along the CSX railroad tracks to the end of Plyers Mill Road, north to the boundary of Rock Creek Park, then east along the boundary of Rock Creek Park to the precinct boundary.

(viii) Board of Education District 5 consists of:

1. Election district 4, precincts 1, 9, 34, 36, and 41;

2. Election district 5;

3. Election district 8; and

4. Election district 13, precincts 45, 46, 49, 51, 52, 54, 60, 61, 64, 69, 70, and 71.

(4) (i) The student member serves for a term of 1 year beginning on July 1 after the election.

(ii) The student member shall be replaced for the remainder of the term by the alternate student member if the student member:

1. Resigns or otherwise is unable to complete the term; or

2. Is removed under the provisions of subsection (g) of this section.

(iii) The elected members of the county board shall select a student to complete the remainder of the term if the student member is replaced as provided in subparagraph (ii) of this paragraph and the alternate member:

1. Resigns or otherwise is unable to complete the term; or

2. Is removed under the provisions of subsection (g) of this section.

(5) The remaining members of the county board shall select a qualified individual to fill any vacancy on the elected board for the remainder of that term and until a successor is elected and qualifies.

(6) (i) Subject to subparagraph (ii) of this paragraph, an elected county board member shall forfeit the office if the member fails to reside in the board of education district from which the member was elected.

(ii) If the failure to continue to reside in the district is caused by an alteration in the board of education district boundaries because of reapportionment, the member may complete the term for which the member was elected.

(iii) In the event of a vacancy caused by a member who is required to reside in a particular board of education district, the person appointed to fill the vacancy shall reside in the same district at the time of appointment and while filling out the unexpired term.

(g) (1) The Montgomery County Council may remove a member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

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

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

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

(ii) The member shall have an opportunity to be heard publicly before the County Council in the member’s own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.
Md. Code, Commercial Law § 3-601 — MD Code / Article gcl / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) The obligation of a party to pay the instrument is discharged as stated in this title or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
Md. Code, Natural Resources § 3-1009 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1009
§3–1009.
Status: in_force

(a) (1) This section applies to State and local capital projects for which at least 50% of the project costs are funded with State funds.

(2) This section does not apply to a capital project that costs less than $500,000.

(b) (1) Beginning July 1, 2020, if a State or local capital project includes the construction of a structure or highway facility, the structure or highway facility shall be constructed in compliance with siting and design criteria established under subsection (c) of this section.

(2) Beginning July 1, 2020, if a State or local capital project includes the reconstruction of a structure with substantial damage, the structure shall be reconstructed in compliance with siting and design criteria established under subsection (c) of this section.

(c) (1) The Council, in consultation with the Department and the Department of Transportation, shall establish Coast Smart siting and design criteria to address sea level rise inundation and coastal flood impacts on State and local capital projects.

(2) The criteria adopted under this subsection shall include:

(i) Guidelines and any other directives applicable to the preliminary planning and construction of a proposed capital project;

(ii) A requirement that a structure be designed and constructed or reconstructed in a manner to withstand the storm surge from a storm that registers as a category 2 on the Saffir–Simpson hurricane wind scale, including a requirement for structures to be constructed or reconstructed at a minimum elevation above the projected storm surge; and

(iii) Provisions establishing a process to allow a unit of State or local government to obtain a waiver from complying with the requirements of subsection (b) of this section.